Scanned from the collections of The Library of Congress AUDIO-VISUAL CONSERVATION at Thr LIBRARY )f CONGRESS Packard Campus for Audio Visual Conservation www.loc.gov/avconservation Motion Picture and Television Reading Room www.loc.gov/rr/mopic Recorded Sound Reference Center www.loc.gov/rr/record I I \ r i ll Alert, to the^to Picture Industry tion MOTION PICTURE DAI 50. NO. 65 NEW YORK, U.S.A.. WEDNESDAY, OCTOBER 1, 16 Complaints In Arbitration Filed in Sept. Total Number for Eight Months Is 123 No increase in the average monthly number of arbitration com- plaints was recorded during Sep- tember, despite the fact that it was the first full month that all abitra- tion provisions of the consent de- cree were in effect. During the month 16 new complaints were filed, exactly maintaining the monthly av- erage for the previous seven months that the arbitration sys- tem has been in operation. The (Continued on pane 2) Ministry to Aid Film Fight for Manpower London, Sept. 30. — Brendan Bracken, Minister of Information, has agreed to help the film industry in its fight to prevent the call to military service of technicians in numbers which, according to trade protests, would seriously affect the industry. Bracken has asked British and Amer- ican producers to outline by Thurs- day production plans for the next year. The Association of Cine Techni- cians has charged the Government with the intention of "wrecking" the industry as a result of the latest call of technicians for service. The or- ganization's statement says only 450 technicians are to be left, and the calling of laboratory technicians will interfere also with the processing of American films. Stress British Need Of Production Plan The need of a planned schedule of British production is stressed in a survey of the industry's situation in the war, in the report of the Cine- matograph Films Council for the year ended March 31, last. The report blames the present con- dition on two chief factors, lack of financing and lack of coordination be- tween Government departments inter- ested in films. The report recom- mends the Government proceed with plans to preserve an industry nucleus. A record number of 12 distributor de- faults on quota and 316 exhibitor de- faults were noted for the quota year. Coast Variety Club Officers Inducted; Skouras Is Head Los Angeles. Sept. 30. — Charles P. Skouras, Fox West Coast head and Chief Barker of Tent 25 of the Variety Club, pledged the new club to a program of charity and fra- ternity in con- sonance w i t h ^ H t'lc >nH) manager for Columbia in Chile, going to the 20th Century-Fox post in 1933. First in RKO Cancels Fight Film Distribution Films of the Louis-Nova championship bout at the Polo Grounds Monday night will not be released by RKO as planned, it was announced yesterday. It was said that the coverage "did not contain sufficient pictorial ring action to measure up to the high standard of fight films here- tofore released." Demands of Studio Unions Presented; Answers Thursday Cameramen and sound technicians' locals presented their demands to pro- ducers' labor representatives here yes- terday, completing the submission of demands by the I.A.T.S'.E. studio locals. No meeting is scheduled for today because of the Jewish holiday but the negotiations will be resumed tomorrow at the office of Pat Casey, producers' labor representative, at which time the producers' response to the demands of some of the locals will be given. Steve Newman and Carl Cooper, I. A. West Coast representatives, are sitting in on the negotiations in ad- visory capacities. Their presence, along with that of the business repre- sentatives of the locals, does not signi- fy relinquishment of local autonomy by the studio unions nor does it presage in any way the re-entry of the I. A. into the studio basic agreement, it was said. Who Cares About Grosses With 'Dem Bums 9 in Series By EDWARD GREIF "Oh, the outlook wasn't brilliant for the Brooklyn grosses that day. . . ." Are the Brooklyn theatre managers downhearted? No! They're looking forward to being able to listen to broadcasts of the World Series in the peace and quiet of their offices, today and for the rest of the week. The projectionists will have little portable radios in their booths and the electri- cians and ushers will be gathered in little knots listening to some more of the same. The kids who will pay their way into the theatre will also be car- rying their portables and listening to the games while watching the picture just as they have been doing for the past month of the hectic National League race. Circuit operators have passed the word along to managers to take it easy on celebrants if Brooklyn wins. (Voice from the balcony : "Whaddya mean 'if Brooklyn wins?"). Instruc tions are to quiet the celebrants, if possible, and keep them from ripping up the chairs. Scores will be announced in almost every Brooklyn house between fea tures. Of course, if Pete Reiser puts (Continued on page 3) Allied Units Ratify Joint Industry Plan Majority Back Proposal Convention Rejected Washington, Sept. 30. — A ma- jority of Allied regional units have ratified the resolution for a national joint committee designed to promote all-industry relations, national head- quarters of Allied States Associa- tion announced here today. The resolution was unex- pectedly rejected at the exhibi- tor organization convention in Philadelphia recently, by the delegates present, and the offi- cers resigned as a result. The directorate determined on a referendum of affiliated units, and the officers' resignations were held in abeyance pending the result, which is now an- nounced. The regional associations which ratified the resolution are listed by the national body as follows : Allied Thea- tre Owners of New Jersey, MPTO of Maryland, Allied Theatre Owners of Illinois, Allied MPTO of Western (Continued on page 3) St. Louis Bill Would Tax Theatre Gross St. Louis, Sept. 30. — A bill pro- viding for a one per cent tax on gross receipts of nearly 90 theatres in St. Louis, expected to yield about $1,100 a week, has been introduced in the Board of Aldermen. Fred Wehrenberg, head of the MPTO A here, immediately an- nounced a campaign to defeat the measure would be launched, pointing out a similar campaign was successful several years ago when a two per cent tax was proposed. At present all theatres in the city pay a flat $150 fee a year. Morton Now Heads Television at NBC In a shakeup at the NBC television setup, Thomas H. Hutchinson, produc- tion manager, has left the station and Alfred H. Morton, vice-president in charge of television, has assumed ac- tive supervision of programs with Warren Wade named executive pro- ducer. Arthur H. Hungerford, who has been in charge of purchase of motion picture films, has been promoted to business manager. 2 Motion Picture Daily Wednesday, October 1, 1941 Personal Mention 16 Complaints In Arbitration Filed in Sept. (Continued from page 1) total number of complaints for the eight months is 123. Three arbitration boards still have had no complaints filed. They are Des Moines, Seattle and Indianapolis. New York continues to -lead in num- ber of complaints with 22, and Phila- delphia is second with 13. Other boards have from one to eight com- plaints each, although eight boards, other than the three in which no com- plaints have been filed, have no cases on their dockets due to the fact that those filed have been disposed of by awards or settlements. The eight boards with no cases on their dockets are: Salt Lake City, New Orleans, Minneapolis, Milwaukee, Denver, Cleveland, Albany and Oklahoma City. Of the 28 boards in which cases have been filed 16 of them have had not more than three complaints filed in their eight months of operation. The Cleveland board has had but one com- plaint and that was filed last Febru- ary. Oklahoma City and Albany have had but one complaint each and none filed since March. Salt Lake City has had but one complaint and none filed since May. Omaha has one case of record. Few Complaints Filed Milwaukee has had two cases, none since last March, while Atlanta, Char- lotte, Memphis and Portland have had but two complaints during eight months. Stations which have had only three complaints in the eight-month period are Cincinnati, with none since May ; Denver and Pittsburgh with none since April ; New Orleans and Minneapolis, with none since March, and Kansas City. Of the 123 complaints filed to date, 74 have been disposed of, 46 by arbi- trators' awards and 28 by withdrawal, the latter for the most part represent settlements which were accepted by the complainants. Of the 46 decisions, 22 were in favor of distributor respond- ents and 18 were in favor of exhibitor complainants. Six awards were "split" decisions. Clearance Complaint Is Filed in Philadelphia Philadelphia, Sept. 30. — A clear- ance complaint was filed against all five consenting companies at the local arbitration board today by Columbus Stamper on behalf of his Rivoli Thea- tre. The complaint seeks an award granting the Rivoli the right to play no later than 28 days after first run in the West Philadelpbia section and availability of seven days after War- ners Commodore and/or first run in the Baltimore Ave. zone. W. B. Dropped from Clearance Complaint Philadelphia, Sept. 30. — Warners has been dropped as a respondent in tbe clearance complaint of A. M. Ellis' Broad Theatre here. Warners' counsel successfully argued that under Section 16 of the consent decree a dis- tributor may sell to its affiliated the- atres at its own terms, and that War- ners, therefore, were not properly in- volved in the case. DARRYL ZANUCK, 20th Cen- tury-Fox production chief, left here for Washington yesterday and will leave there for the Coast by plane today. • Herbert J. Yates, president of Consolidated Film Industries, left for the Coast by plane yesterday. • Alexander W. Weissman, Buffalo branch manager for M'-G-M, has a birthday todav. • Charles Reed Jones, advertising and publicity director for Republic, ex- pects to return to his office Monday after an absence due to injuries sus- tained in an automobile accident last week. • Herbert Hillman, student assistant at the College Theatre, New Haven, was given a farewell dinner before joining the Army. • Joseph Burke, 20th Century-Fox traveling auditor, is in New Haven for a few weeks. J. Lester Stallman, managing di- rector of the H. J. Schad Theatres in Reading, Pa., is recuperating from an appendicitis operation. • Frank Durkee, circuit operator of Baltimore, plans a Mexican tour. He has been reappointed president of the Baltimore Park Board. • Leon Zeller, managing director of the Rex, Roxy and Times Theatres in Baltimore, is taking his vacation in fishing trips. Odeon Heads Meet On Circuit's Policy Toronto, Sept. 30. — Circuit officials of Odeon Theatres of Canada, Ltd., attended important weekend confer- ences here prior to an official declara- tion, it is understood, with regard to the policy of the new circuit. Execu- tive representatives of the Nathanson group in both Eastern and Western Canada were present for the discus- sions. Those from Western Canada were H. Friedman, veteran theatre owner of Edmonton, Alberta, and his gen- eral manager, J. Lieberman, and J. B. Barron, a theatre owner of Calgary. The Maritime Provinces were repre- sented by Fred. W. Winter, owner of the Capitol and Empress Theatres, Moncton, N. B. Pioneers Dinner Oct. 29 Marvin Schenck has been named chairman of the entertainment com- mitte in charge of arrangements for the Picture Pioneers Fall dinner at Toots Shor's restaurant, Oct. 29. Other members of the committee are : Leon Bamberger, G. B. Odium, Law- rence Beatus, Sam Dembow and Leon Netter. Gene Zukor to Navy Hollywood, Sept. 30. — Eugene Zukor, Paramount associate producer, today was ordered to report for active duty with the U. S. Navy as a lieu- tenant commander. He left for the East tonight to visit his parents before joining the naval force. WILLIAM F. RODGERS, M-G-M vice-president in charge of sales, has arrived on the Coast for his annual Fall studio visit. • Fred Lange, of the Paramount foreign department, is leaving by plane Friday for Guatemala, on a Latin American survey. • Sol M. Wurtzel, executive pro- ducer for 20th Century-Fox, and Wil- liam Goetz, vice-president, are due in from the Coast today. • Guy Collier, manager of the Old Trail, neighborhood house in Indianap- olis, is spending two weeks in Holly- wood. • Cecelia Hughes, secretary at the Universal Indianapolis exchange, was given a luncheon before her transfer to the home office. • Angelo Scavo, owner of the Home Theatre, Old Forge, Pa., and Helen O'Boyle were married in Scranton re- cently. • William Sharp of the Capitol in Wilkes-Barre, Pa., has been reelected second vice-president of the Interna- tional Alliance of Billposters. • Gene Vogel, M-G-M salesman in Albany, won the city finals there of the annual left-handers golf tournament at the Municipal Country Club. • E. S. Seeley, Altec Service engi- neer, has been granted a leave of ab- sence to do research in submarine de- tection for the National Defense Labo- ratories. Approve Cincinnati Plan for Music Hall Cincinnati, Sept. 30.— U. S. Dis- trict Judge John H. Druffel has ap- proved the reorganization plan of the Cincinnati Music Hall Association, debtor in bankruptcy proceedings, and the city now will purchase the prop- erty at $222,250, which will enable the trustees to pay the bondholders 31.47 cents on the dollar. The Music Hall, with an auditorium seating 3,500, is used for various forms of entertainment, including oc- casional showing of pictures. Many to Appear at FCC Hearing Oct. 6 Washington, Sept. 30. — A large number of interests have advised the FCC of their intention of appearing at hearings opening Oct. 6 on mul- tiple ownership of broadcasting sta- tions. Chairman James L. Fly ex- pressed the opinion that the hearing should not require more than one day, but the list later issued by the com- mission indicated that a longer time would be required. Close Troy Houses To Young Children Troy, N. Y., Sept. 30.— Exhibitors throughout the city closed their doors to children under 12 this week. The move came after a weekend sugges- tion by the health commissioner that children be banned from places of public amusement during the present infantile paralysis epidemic. Newsreel Parade /] SSORTED war and defense sub- > SI jects in the midweek issues include Britain's shipment of tanks to Russia, launching of several merchant ships j here and a new giant bomber in Bal- \ timore. The reels and their contents follow : MOVIETONE NEWS, NO. 7.- Jaunching of ships here. King George v,un I armored units in England. New bomber in ' England. King Peter of Yugoslavia has birthday party in England. R.A.F. rescue ; floats in English Channel. Windsors in Washington. Women's defense corps in Gloucester. New bomber in Baltimore. ! Dodger parade in Brooklyn. Football. NEWS OF THE DAY, NO. 205— Hur- 1 ricane hits Texas. Tanks for Russia in England. Nazi plane downed in Russia. ] Windsors in Washington. Merchant ships launched. Stamford -Oregon football. Racing at Belmont. Parade in Brooklyn. PARAMOUNT NEWS, NO. 10.— Mer- - chant ship launchings. Windsors here. Rus- sian and British troops in Iran. Averell Harriman and Lord Beaverbrook in Lon- t don. London factories produce tanks for ] Russia. Michigan-Michigan State football. J Camera analysis of Joe Louis. Dodger I parade in Brooklyn. RKO PATHE NEWS, NO. 10.— Merchant B fleet launched. Windsors tour here. British i and Russians occupy Iran. New giant I bomber in Baltimore. Newspaper Week ob- j served. Brooklyn celebrates "Dodger Day." n Stamford-Oregon, Tulane-Boston College j football. Fans welcome Dodgers in Brook- t lyn. Gloucester women in defense demon- stration. UNIVERSAL NEWSREEL, NO. 19.— Record merchant ship launchings. British j rush tanks to Russia. Russia sends tanks to the front. New bomber in Baltimore. Windsors in Washington. Hurricane in Texas. Lou Nova and Joe Louis at weigh- f in in New York. Football at South Bend, New Orleans and Seattle. "Chocolate Soldiers" and "Unholy Partners" will be tradeshown by M-G-M Oct. 14 around the country j with the exception of New York and Philadelphia. In Philadelphia "Un- [ holy Partners" will be screened Oct. 14 in the morning and again in the after- j . noon while "Chocolate Soldiers" will j be shown the following day. Both pictures will be shown Oct. 16 in New York also in the morning and in J the afternoon. Indiana Meet Nov. 17 Indianapolis, Sept. 30. — The 15th ; annual convention of the Associated \ Theatre Owners of Indiana will be held Nov. 17 and 18 in the Hotel Antlers here. 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 I Life Building, William R. Weaver, Editor; || Leon Friedman, Manager; London Bureau, 4 Golden Square, London Wl; Hope Wil- 1 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 I copies 10c. Metro Tradeshows Two Films on Oct. 14 Wednesday. October 1. 1941 Motion Picture Daily 3 'Kisses' and Show $19,000; Chicago Slow Chicago, Sept. 30.— Grosses gen- lerally were slow here. "Best receipts i went to the State-Lake, where "'itSes tor Breakfast," and a stage .*S_W* headed bv Gypsy Rose Lee and RTScoe Ates drew $19,000. Estimated receipts for the week ending Sept. 25 : 'Major Barbara" (U.A-) APOLLO— (1,400) (30c-40c-59c) 7 days. '2nd week. Gross: $7,500. ••Alcma of the South Seas" (Para.) CHICAGO— (4,000) (35c-55c-75c) 7 days. Stage — Variety Show. Gross: $32,500. (Average, $32,000) • Dive Bomber" (W.B.) GARRICK— (1000) (35c-55c-75c) 7 days. Gioss: $5,500. (Average. $5.U00) ■ The Bride Came C.O.D." (W.B.) "My Life With Caroline" (RICO) ORIENTAL — (3.200) (25c-40c) 7 days. Cross: $8,000. (Average, $9,000) ••Citizen Kane" (RKO) •'Scattergood Meets Broadway" (RKO) (1 day, 4th week) "Father Takes a Wife" (RKO) "Parachute Battalion" (RKO) (6 days) PALACE— (2,500) (30c-40c-60c) 7 days. I Gross: $17,000. (Average, $13,000) "Bad Men of Missouri" (W.B.) "Tanks a Million" (U.A.) (6 days) "Belle Starr" (20th Fox) "Nine Lives Are Not Enough" (W.B.) (1 day) ROOSEVELT — (1,500) (30c-40c-59c) 7 .lavs. Gross: $11,000. (Average, $11,000) "Kisses For Breakfast" (W.B.) , STATE-LAKE— (3,700) (25c-35c-40c-50c) 7 days. Stage— Gypsv Rose Lee. Roscoe Ates. Gross: $19,000. (Average. $14,000) 'When Ladies Meet" (M-G-M) , UNITED ARTISTS— (1,700) (30c-40c-59c) [7 days. 3rd week. Gross: $11,000. (Aver- age. $14,000) Settle W.B. Product Case Out of Court Albany, Sept. 30. — The action of Abe Stone, operator of the Eagle 'here, against Warners' Delaware and Albany theatres over product avail- ability was settled today by stipula- tion. Under the settlement, the Eagle will be entitled to availability 35 days after the second run Madison Theatre. Stone had sought a temporary in- junction against 20th Century-Fox and Warners to restrain them from supplying Warners' Delaware ahead of the Eagle. Twentieth Century- Fox later settled its phase of the ac- tion and, following a hearing on the W arner phase, the injunction was de- nied. Under the terms of the settlement I the Colonial, an independent house, 1 and the Delaware will be seven days I ahead of the Eagle, Paramount and I Royal, but in no event will more than 21 days elapse before pictures are available. Set Kaufman Bail at $15,000 in LA. Case Louis Kaufman yesterday pleaded : not guilty before Federal Judge John j W. Holland to the indictment of a ; Federal grand jury handed down this { week which charged the defendant along with Xick Dean of conspiring with William Bioff and George E. Browne of extorting "upwards of $1,000,000" from four major film companies. Judge Holland set October 27 as the date of the trial. The court fixed bail at $15,000. U. S. Attorney Mathias F. Correa unsuccessfullv sought bail of $25,000. New Abbott Musical Is Opening Tonight The season's first new mu- sical comedy, George Abbott's production of "Best Foot Forward," will be presented tonight at the Ethel Barry- more Theatre. Rosemary Lane heads the cast which includes Marty May, Gil Stratton, Jr., Maureen Can- non and others. Music and lyrics are by Hugh Martin and Ralph Blane. Legion Approves 13 of 14 New Films The National Legion of Decency for the current week has approved 13 of 14 new films, nine for general patronage and four for adults, while one was classified as objectionable in part. The new films and their classi- fication follow. Class A-l, Unobjectionable for General Patronage — "Bandit Trail," "Billy the Kid Wanted," "Birth of the Blues," "Burma Convoy," "Glam- our Boy," "Let's Go Collegiate," "Nine Lives Are Not Enough," "Riding the Wind," "Saddle Moun- tain Roundup." Class A-2, Unobjec- tionable for Adults — "Dangerous Lady," "Ladies in Retirement," "You'll Never Get Rich," "Weekend in Havana." Class B, Objectionable in Part — "Honky Tonk." Coast Variety Club Officers Are Inducted (Continued from page 1) and jewel to the tent. Remodeling of a portion of the Am- bassador Hotel for permanent head- quarters is in progress in anticipation of an enrollment expected to be the largest in the annals of the Variety organization. 3 Companies Formed Albany, Sept. 30. — Three new companies chartered here are : R. & B. Theatre Corp., New York, by Milton Sheen, Marie DiNapoli and Louis Hoffman ; Kant Amusement Corp., New York, by Jesse L. Stern, Rich- ard S. Temko and Frances Franco, and Talk-A-Vision Operating Co., Inc.. New York, by Frank W. Potts, Benjamin C. Milner, Jr., and Henry A. Johnston. (Continued from page 1) one over the fence with three on, no manager is going to let a mere feature keep him from telling the audience about it. There'll be radios in the lobby and scores will be posted inning- by-inning outside many of the houses. The Brooklyn Strand will build a lit- tle bleacher section with benches in the lobby for the fans. "We haven't had any afternoon busi- ness for the past month," said the general manager of one circuit. "We can take it for one week more. Now with Whit Wyatt taking at least two Majority of Allied Units Ratify Joint Industry Proposal (Continued from page 1) Pennsylvania, ITPA of Wisconsin and Upper Michigan, Associated Theatre Owners of Indiana, Allied Theatre Owners of District of Columbia, New York State unit of Allied, Allied ITO of Eastern Pennsylvania. It was noted that Jersey Allied rati- fied the resolution with reservations, and that Illinois Allied and the Eastern Pennsylvania unit ratified with a spe- cial vote of confidence in the national Allied officers and board. The resolution specifically was for the authorization of the formation of a national Allied committee which would participate in a joint industry move to promote better relations with- in the industry. Plan Unionizing of Mexico Radio Staffs Mexico City, Sept. 30.— Moves have been made by the local labor federation, an associate of the Confed- eration of Mexican Workers, to unionize artists, announcers and tech- nicians of all of the 30 active radio stations here and to form one union of all local radio workers. These organizations, the federation contends, will assure greater protection of the interests of all radio workers. Artists, announcers and technicians at present are not covered by the labor contracts of the radio stations. The majority of these stations' staff mem- bers are reported to be in favor of this unionization. To Sign Ascap Pact Station WHEC, Rochester, yester- day advised CBS that it would sign the new Ascap network agreement and the new local Ascap agreement. The station is the first CBS affiliate to respond to the network's letter of last Saturday which recommended ac- ceptance of the new Ascap pact. Promoted by Comerford Scranton, Pa., Sept. 30. — Samuel Friedman, manager of the Capitol at Pottsville, Pa., for 14 years, has been appointed district manager for nine Comerford houses in the area from Hazleton to Mauch Chunk, Pa. games and Higbe. . . ." Just in case there might be some business, the fact that today is Yom Kippur is expected to kill whatever matinee gross there might be remain- ing. Of course, the evening gross on the holiday is generally big but man- agers think that most of the fans will be celebrating away from films. The scoreboard in front of the Brooklyn Cititsen is expected to play to a capa- city "house." "Grosses? What grosses? We don't expect to do any business here. Now you take Joe Medwick, there's a man who. . . ." And so on into the night. 'York' Smash Los Angeles Hit, $45,300 Los Angeles, Sept. 30. — "Sergeant York" was the outstanding film here, taking $45,300 at two houses, $22,500 at the Hollywood and $22,800 at the Downtown. "Here Comes Mr. Jor- dan," in the second week on a dual at the Hillstreet and Pantages, also was strong. Estimated receipts for the week ending Sept. 25 : "Belle Starr" (2«h-Fost) "Tanks a Million" (Roach-U.A.) CHINESE — (2.500) (33c-44c-55c-75c) 6 days. Gross: $9,000. (Average, $12,000) "Fantasia" (Disney) CARTHAY CIRCLE— (1,518) (55c-$1.65) 7 days, 34th week. Gross: $3,800. (Average, $17,000) "The Stars Look Down" (M-G-M) 4 STAR— (900) (44c-55c) 7 days, 4th week. Gross: $2,500. (Average, $3,250) "Here Comes Mr. Jordan" (Col.) "The Officer and the Lady" (Col.) HILLSTREET— (2,700) (33c-44c-55c-75c) 7 days, "Jordan" 2nd week. Gross: $8,500. (Average, $6,500) "Belle Starr" (20th-Fox) "Tanks a Million" (U.A.) LOEW'S STATE — (2,700) (33c-44c-55c-75c) 7 days. Gross: $13,500. (Average, $14,000) "Here Comes Mr. Jordan" (Col.) "Ellery Queen and the Perfect Crime" (Col.) PANTAGES— (3.000) (33c-44c-55c-75c) 7 days, "Jordan" 2nd week. Gross: $10,500. (Average, $7,000) "Badlands of Dakota" (Univ.) "Flying Blind" (Para.) PARAMOUNT— (3,595) (33c-44c-55c-75c) 7 days. Stage: Matty Malneck — "Copacabana Revue." Gross: $16,500. (Average, $18,000) "Sergeant York" (W.B.) WARNER BROS. (Hollywood)— (3,000) (33c-44c-55c-75c) 7 days. Gross: $22,500. (Average, $14,000) "Sergeant York" (W.B.) WARNER BROS. (Downtown)— (3,400) 7 days. Gross: $22,800. (Average, $12,000) Agma Asks Pre-Trial Quiz of Petrillo The American Guild of Musical Artists filed application yesterday in the N. Y. Supreme Court for an order directing James C. Petrillo, president of American Federation of Musicians, to submit himself to a sweeping examination before trial. Testimony of Petrillo is being sought in connection with Agma's action to restrain Petrillo from barring mem- bers of Agma from the screen, radio and concert stage, unless they joined the A. F. of M. Suit was dismissed by the Appel- late Division of the Supreme Court, but in July the Court of Appeals re- versed the lower court decision and ordered a trial. Petrillo will be asked 45 questions listed in the application, including his powers as president and the alleged threats made by him against Agma members. "Heaven" Opens in Capital Tomorrow Warners' "One Foot in Heaven" will have its world premiere at the Earle Theatre in Washington tomor- row night, sponsored by the Advisory Committee of Protestant Clergymen, of which Bishop James Edward Free- man of Washington is chairman. Martha Scott, one of the film's stars, will attend, as will Mrs. William Spence, widow of the clergyman whose life is portrayed in the picture. A special train will take a group of newspaper and magazine writers from here, and others are coming East for the event from the Coast. Who Cares About Grosses With 'Dem Bums 9 in Series Motion Picture Daily Wednesday, October ], J941 'Serenade' Is Seattle's High, Takes $8,200 Seattle, Sept. 30. — "Sun Valley Serenade" at the Paramount, one of the two new films of the week, took a strong $8,200. Other houses were fair with cooler weather aiding. Estimated receipts for the week end- ing Sept. 26: ''When Ladles Meet" (M-G-M) "Ringside Maisie" (M-G-M) BLUE MOUSE— (950) (30c-40c-50c-65c) 7 days, 4th week. Moved from Fifth Avenue. Gross: $3,200. (Average, $4,000) •"Dr. Jekyll and Mr. Hyde" (M-G-M) "Whistling in the Dark" (M-G-M) FIFTH AVENUE— (2,500) (30c-40c-50c- 65c) 7 days, 2nd week. Gross: $6,900. (Average. $7,000) "Here Comes Mr. Jordan" (Col.) LIBERTY — (1,800) (30c-40c-50c-65c) 7 days, 4th week. Gross: $4,600. (Average, $5,000) "Charley s Aunt" (ZCth-Fox) MUSIC BOX— (950) (30c -40c -50c -65c) 7 days, 4th week. Moved from Paramount. Gross: $3,400. (Average, $4X00) "Aloma of the South Seas" (Para.) "Flying Blind" (Univ.) ORPHEM— (2.450) (30c-40c-50c) 7 days, 2nd week. Gross: $5,800. (Average. $6,000) "Mountain Moonlight" (Rep.) "Raiders of the Desert" (Univ.) PALOMAR— (1,500) (20c-30c-40c) 7 days. Stage: Vaudeville. Gross: $4,900. (Aver- age, $5,000) "Sun Valley Serenade" (20th-Fox) "Broadway Limited" (Univ.) PARAMOUNT — (3,050) (30c-40c-50c) 7 days. Gross: $8,200. (Average, $6,000) 'Kane' Providence Winner at $11,500 Providence, Sept. 30. — "Citizen Kane" and "San Antonio Rose" at the RKO-Albee brought in a strong $11,500 and "Our Wife" and "Two in a Taxi" drew $8,000 in the second week at the Strand. Estimated receipts for the week end- ing Sept. 24-25: "Citizen Kane" (RKO) "San Antonio Rose" (Univ.) RKO-ALBEE — (2,239) (28c-39c-50c) 7 days. Gross: $11,500. (Average, $6,000) "Lady Be Good" (M-G-M) (3 days, 2nd week) "Tillie the Toiler" (Col.) (3 days, 2nd week) "You'll Never Get Rich" (Col.) (4 days) "Harmon of Michigan" (Col.) (4 days) LOEW'S STATE— (3.232) (28c-39c-50c). Gross: $11X00. (Average, $11,000) "Dive Bomber" (W. B.) "Accent on Love" (ZCth-Fox) MAJESTIC— (2,250) (28c-39c-50c) 7 days, 2nd week. Gross: $7,600. (Average, $7,000) "Our Wife" (Col.) "Two in a Taxi" (Col.) STRAND— (2,200) (28c-39c-50c) 7 davs. 2nd week. Gross: $8,000. (Average, $6,000) "Let's Go Collegiate" (Mono.) METROPOLITAN— (3.045) (30c-39c-55c) 3 days. Stage show with Rochester, Dick Stabile's Orchestra, Gordon Robb. Gracie Barrie. Walton & O'Rourke. Ruby Ring. Gross: $5,800. (Average. $5,000) "Under Fiesta Stars" (Rep.) "Father Steps Out" (RKO) FAY'S — (1,800) (15c-25c-35c) 7 days. Gross: $1,900. (Average, $2,800) "Dr. Jekyll and Mr. Hyde" (M-G-M) "Tanks a Million" (U.A.) CARLTON— (1,526) (28c-39c-50c) 7 davs, 3rd week. Gross: $2,200. (Average. $3,500) "The Stars Look Down" (M-G-M) (3 days) "Puddin' Head" (Rep.) (3 days) "Man Power" (W.B.) (4 days) "Whistling in the Dark" (M-G-M) (4 days) EMPIRE — (1.200) (20c-28c) 2nd run. Gross: $1,700. (Average, $1,700) Reviews Club Banquet Dec. 11 Philadelphia, Sept. 30.— The Variety Club has set Dec. 11 for its annual banquet to be held at the Belle- vue Stratford Hotel. Committees will be appointed at the next regular meet- ing. "Dumbo" (Disney-RKO-1941-42 Release) T N a word, "Dumbo" is delightful. Done in the Walt Disney tradition, •*■ its effects enhanced by the use of Technicolor, this latest cartoon fea- ture from the hand of the master of his medium should be a delight for showmen, as it most certainly will be a delight for every child in the land, and should be for every adult who cares anything about remem- bering he once was a child. The erudite perhaps will draw endless parallels between the adven- tures in disappointment of the little elephant with the enormous ears and the world of man, but that may be put aside for the sheer enjoyment the character and his animated friends will furnish in this day of worry and world alarm. Disney based his little story on a book by Helen Aberson and Harold Pearl, but its intrinsic value has been merely a jumping-off place for the exercise of the Disney technique of fantasy and fun, whose appeal is universal, and whose audience is legion. Poor Dumbo, brought by the stork to Mother Jumbo of the circus, finds his midget lot a hard one as his large ears bring ridicule upon him. His mother confined because of rage at the treatment her little one re- ceives, he is befriended by a mouse-roustabout, who is the new counter- part of Jimminy Cricket of "Pinocchio" fame. Eventually comes the in- spiration. Dumbo finds he can use his ears to fly, and the world is made very much all right again for him and his mother. That is a bare outline. It takes no account of the innumerable wholly delightful scenes and songs, the color and the fantasy, the highlight kaleidoscopic color sequence which follows the accidental imbibing of champagne by Dumbo and the mouse, when their pink elephant vision comes to screen-life, a scene which should draw applause, or the ex- pression of mother-love which goes behind the cartoon medium, and is made human and real under the Disney hand. This is sheer entertainment, a treat for any audience anywhere, and if there is any justice in the world, it should be just as much a treat for the theatre operator. Running time, 64 minutes. "G."* Charles S. Aaroxsox "Desperate Cargo" (Producers Releasing-1940-'41 Release) HP HIS blending of good comedy and tense melodrama, neatly bal- *■ anced, results in an excellent item of entertainment for the smaller theatres. The cast names have no great drawing power and the story is somewhat inconsequential, but it is well done all the way through. In the cast are Ralph Byrd, Carol Hughes, Julie Duncan, Jack Mul- hall, I. Stanford Jolley, Kenneth Harlan and others. Each performs effectively, which factor combines with brisk direction by William Beau- dine to make the yarn sparkling and exciting. Most of the comedy is in the first part as Byrd, airplane purser, and Mulhall, reporter, are awaiting the arrival of a trans-Caribbean airship, while Miss Hughes and Miss Duncan are conniving to obtain passage back to Broadway. Finally all board the plane which, is overtaken by Jolley and his gang. Byrd's heroics lead to the capture of the gang. Running time, 69 minutes. "G."* Eugene Arxeel 'G" denotes general classification. "Serenade" Snares $13,800 in Toronto Toronto, Sept. 30. — "Sun Valley Serenade" drew $13,800 at the Imper- ial. "Life Begins for Andy Hardy" took $9,500 at Loew's in its second week. Estimated receipts for the week ending Sept. 27: "Man Hunt" (20th-Fox) EGLINTO'N — (1,086) (18e-30c-48c-60c) 6 days, 3rd week. Gross: $3,200. (Average. $4,200) "Sun Valley Serenade" (20th-Fox) IMPERIAL— (3,3730 (18c-30c-42c-60c-90c) 6 days. Gross: $13,800. (Average. $9,000) "Life Begins for Andy Hardy" (M-G-M) LOEW'S— (2.074) (18c-30c-42c-60c-78c) 6 days, 2nd week. Gross: $9,500 (Average. $9,000) "Aloma of the South Seas" (Para.) "Three Sons o' Guns" (W. B.) TIVOLI— (1,434) (12c-30c-48c) 6 davs. Gross: $4,000. (Average. $3,900) "Here Comes Mr. Jordan" (Col.) UPTOWN— (2,761) (18c-30c-42c-60c-90c) 6 days, 3rd week. Gross: $8,500. (Average. $9,000) New Haven in Lull; 'Our Wife' $5,200 New Haven, Sept. 30. — "Our Wife" and "I Was a Prisoner on Devil's Island" drew $5,200 at the Roger Sherman. The second week of "When Ladies Meet" at the Col- lege grossed $2,800. The weather was warm and grosses were generally slow. Estimated receipts for the week ending Sept. 26 : "When Ladies Meet" (M-G-M) "The Bride Wore Crutches" (20th-Fox) COLLEGE— (1.499) (39c-50c) 7 davs, 2nd week. Gross: $2,800. (Average, $2,700) "Here Comes Mr. Jordan" (Col.) "Blondie in Society" (Col.) LOEW-POLI— (3,040) (39c-50c) 7 days. Gross: $8,000. (Average, $8,000) "This Woman Is Mine" (Univ.) "The Get Away" (M-G-M) PARAMOUNT— (2,348) (39c-50c) 7 days. Gross: $4,000. (Average, $4,500) "Our Wife" (Col.) "I Was a Prisoner on Devil's Island" (Col.) ROGER SHERMAN— (2,200) (39c-50c) 7 days. Gross: $5,200. (Average, $5,000) 'Truth' Pulls Neat $20,000, Philadelphia Philadelphia, Sept. 30. — The Stanley, with the world premiere of "Nothing But the Truth" attended by Bob Hope, grossed $20,000. & -i Miller's orchestra at the Earlt counted for a near-record $34,v„j, while the film was "The Pittsburgh Kid." Estimated receipts for the week end- ed Sept. 23-26: "Lady Be Good" (M-G-M) ALDIXE— (1.400) (35c-41c-46c-57c-68c,i 7 days, 2nd week. Gross: $7,500. (Average, $9,000) "Dr. Jekyll and Mr. Hyde" (M-G-M) ARCADIA— (600) (3Sc-46c-57c) 7 days, 2nd run. Gross: $3,600. (Average, $2,600) "Here Comes Mr. Jordan' (Col.) BOYD — (2,400) (35c-41c-46c-57c-6Sc) 7 days, 2nd week. Gross: $12,000. (Average, $13,000) "The Pittsburgh Kid" (Rep.) EARLE — (4,000) (3Sc-41c-46c-57c-68ci 7 days. Vaudeville including Glenn Miller's orchestra. Ray Eberle. Marion Hutton. The Modernaires, Wally & Verdyn Stapleton and Svbil Bowman. Gross: $34,000. (Aver- age. $14,000) "Two in a Taxi" (CoL) FAY'S — (2,190) (15c-29c-35c-4oc-57c) -3 days. Vaudeville including Faith Bacon, Grace Drysdale, Jean Carroll & Buddy Howe. Bill Ames, Gae Foster Roxyettes and Billv Klaiss' orchestra. Gross: $8,000. (Average. $6,900) "Navy Blues' (W.B.) FOX— (3.000) (35c-41c-46c-57c-68c) 8 davs. Gross: $13,000. (Average. $13,000) "Aloma of the South Seas" (Para.) KARLTON— (1.000) (35c-41c-46c-57c-68c) 7 days. 2nd run. Gross: $4,000. (Average, 53.000) "Belle Starr" (ZOth-Fox) KEITH'S— (2,200) (35c-41c-46c-57c-68c) 7 days, 2nd run. Gross: $3,500. (Average, $4,500) "Nothing But the Truth" (Para.) STANLEY— (2.700) (35c-41c-46c-57c-68c) 7 davs. Gross: $20,000. (Average. $14,000) "Highwey West" (W.B.) STAXTOX— (1.700) (35c-46c-57c) 7 days. Gross: $4,800. (Average, $4,500) 'Belle Starr,' Scott Milwaukee Leader Milwaukee. Sept. 30. — "Belle Starr," a holdover at Fox's Wisconsin, coupled with Raymond Scott's or- chestra, tallied $11,300. "My Life With Caroline" and "Jungle Caval- cade" drew a $6,500 take at the War- ner. Estimated receipts for the week ending Sept. 25 : "Here Comes Mr. Jordan" (Col.) "Harmon of Michigan" (Col.) PALACE— (2.400) (33c-44c-55c) 7 days. Gross: $4,600 (Average, $4,000) "Sun Valley Serenade" (ZOth-Fox) "She Knew All the Answers" (CoL) STRAXD— (1,400) (44c-65c) 7 days. Gross: $1,700. (Average, $1,500) "My Life With Caroline" (RKO) "Jungle Cavalcade" (RKO) WARXER— (2.400) (30c-40c-55c) 7 davs. Gross: $6,500 (Average, $4,500) "Belle Starr" (20th-Fox) WISCOXSIX— (3,200) (33c-44c-55c) 7 days. Stage: Ravmond Scott and his orchestra. Gross: $11,300 (Average, $5,500) I ■ - Wins Suit Against 306 Harry A. Harris and nine operat- ing companies of the local Harris Cicuit won their fight in court to prevent Local 306 from arbitrating the question of an increase in wage scales, when N. Y. Supreme Court Justice Peter Schmuck upheld Har- ris's petition for a restraining order against the union. The court ruled the notice of arbitration served upon Harris and the operating companies to be "improper and illegal." to the^filkJtion Picture Industry R ?fM MOTION PICTURE DAILY 4 $vl^50- NO- 66 NEW YORK. U.S.A.. THURSDAY, OCTOBER 2, 1941 TEN CENTS Chance Games Seen Killed [n Kentucky State Will Act Following Schine Judgment Lolisville. Ky., Oct. 1. Jhance games are believed to have een dealt their death blow in Ken- :ucky as a result of a consent judg- ment which will soon be entered here against the Schine Theatres Lorp. The judgment bars the cir- cuit from further operation of the iames and wins from it an admis- sion that the practice violates the ronstitution and laws of the State. The settlement is a compro- mise of court proceedings insti- tuted against Schine's five local theatres by the State. When the judgment is entered. Attor- ney General Hubert Meredith will issue a statement that if any Kentucky theatre operates chance games it will be pro- ceeded against and no further compromise will be accepted. Jesse K. Lewis, assistant attorney general in charge of the Schine case, (Continued on page 6) 23d N. Y. Complaint Filed, Award Granted The New York arbitration board's vcnty-tliird complaint was filed yes- crday and an award was entered at he same board reducing the clearance It competing theatres over the West md Theatre. Newark, in the latter's learance complaint against the five ^jnsenting companies. The West End is operated by Paus- lan Enterprises. The arbitrator found hat the existing clearance affecting he theatre is "unreasonable" and or- dered the 14-day clearance of the Warner Ritz over the West End re- luced to seven days, and abolished the •learance of Warners' Savoy over the heatre in instances in which the (Continued on page 8) Probers to Attend Premiere of 'Heaven' Warners' "One Foot in Heaven" •vill have its world premiere at the Earle in Washington tonight with our members of the Senate subcom- nittee investigating motion pictures scheduled to attend, according to a Warner announcement. They are -hairman D. Worth Clark and Sena- (Continued on page 8) Theatres Held Free Of Insurance Claim .Members of theatre orches- tras under contract and em- ployed through agents are in- dependent contractors, rather than theatre employes, and as such are not entitled to unemployment insurance ben- efits from the theatre, the New York Court of Appeals has decided in a recent de- cision disclosed by attorneys yesterday. The decision involved the claims of an orchestra leader employed in theatres at Free- port and Huntington, N. Y., and reversed a ruling of the Unemployment Insurance Ap- peal Board. MPTOA's Special Committee to Meet With \^ obber Today M FTOA's special "trouble-shoot- ing" committee appointed to confer with distribution company officials on complaints against new season's sales policies received by the national or- ganzation from its membership is scheduled to meet this morning with Herman Wobber. 20th Century-Fox general sales manager. The meeting is the first to be scheduled by the committee since its appointment last (Continued on page 8) TAX HAS NO EFFECT ON THEATRE GROSS Hanson Leaves All Nathanson Canada Firms Toronto, Oct. 1. — Oscar R. Han- son lias resigned as director of thea- tre operations for the new Nathanson Odeon Circuit and today announced his withdrawal from other Nathanson companies in which he held ranking executive posts. Hanson said his resignations are effective today. In addition to the Odeon post, he relinquishes the presi- dency of Empire-Universal Films, Ltd.. and similar posts with Associ- ated Theatres. Ltd., Sterling Films, Ltd., and Sovereign Distributors, Ltd., in all of which he was closely asso- ciated with N. L. Nathanson for many years. It is believed here that Hanson's withdrawal from the Nathanson con- cerns may be traced to a division of authority in Odeon management and operations and to recent Empire- Universal developments. Paul Na- thanson, son of N. L. Nathanson, is president of Odeon and vice-president of Empire-Universal. It is expected that he will replace Hanson as presi- (Continued on page 8) Allied Ponders Its Minn. Law As Circuits Get Films Col. to Open Chicago Sales Meet Tomorrow Chicago, Oct. 1. — Columbia will open the first of three regional sales meetings at the Blackstone Hotel here Friday. The meeting will continue through Sunday, with Abe Montague, general sales manager, presiding. Home office executives, Midwestern, Central and Southern division man- agers and the branch managers and personnel of the following exchanges will attend the sessions here: Chicago, Milwaukee, Minneapolis, Omaha, Des Moines, Detroit, Indianapolis, Kan- sas City, St. Louis, Atlanta, Char- Minneapolis, Oct. 1. — Allied Theatre Owners of the Northwest, proponent of the Minnesota anti- block of five law, is in something of a dither over the fact that Minnesota Amusement Co., Paramount affiliate, will begin exhibiting Paramount new season product in its theatres within the next few days and that RKO's "Citizen Kane" is scheduled to open here next week. The latter picture is in RKO's first block of five for the new season. Northwest Allied's legislative and executive committee met jointly here today to consider the possibility of taking action to forestall the local ex- hibition of the new season product, but adjourned after deciding to main N.Y. Houses Pass Levy to Patrons; Neighborhoods Plan Children's Cut lotte, Dallas, Memphis. New Orleans tain a "hands off" policy pending a and Oklahoma City. I (Continued on page 8) The new Federal tax schedule, eliminating the exemption previ- ously in force for admissions under 21 cents, went into operation smoothly here and throughout the country yesterday, representative circuit and independent operators reported last night. All adult ad- missions are now taxed 10 per cent. Attendance was unaffected to any noticeable degree by the new levy, it was uniformly reported by theatres. Neighborhood houses, particularly in Brooklyn, experienced a general de- cline in matinee attendance but at- tributed it to the combination of the World Series opening game and the Jewish holiday, rather than to the new admission tax scales. Substantiating their view was the traditionally substantial in- crease in attendance reported throughout the city for last night's performances, following the end of the holy days. New York houses for the most part are passing the tax along, but many (Continued on page 6) Conn. Allied Opposes Joint Industry Plan New Haven, Oct. 1.— Allied Thea- tre Owners of Connecticut voted to oppose the national Allied States pro- posal for participation in an all-in- dustry committee which would work for better unity among the various industry branches. Action was taken before word was received from the national organiza- tion that a majority of Allied units throughout the country had voted to approve the joint industry committee. The local organization, however, gave a vote of confidence to Allied's na- (Continued on page 6) RKO Sets Deal With Warners' New Eng. RKO yesterday announced the clos- ing of a deal for its first new season block-of-five with Warners New En- gland Theatres, covering 46 theatres in 38 situations. The company also closed a deal for its last season's product with Gardar Thorsteinsson, operator of the only theatre in Reykjavik. Iceland. 2 Motion Picture Daily Thursday, October 2, 1941 Personal Mention Key Grosses Show Gain With Start of Fall Season KEY city theatre grosses have increased in recent weeks, with the beginning of the Fall show season, and appear to be maintaining those gains, according to a compilation of box-office receipts, based on Motion Picture Daily's weekly gross reports from across the country. For the week ending Sept. 19-20, the most recent reported, 147 houses reported an aggregate gross of $1,520,400, which compares, for example, with a total of $1,358,200, from 138 houses for the week ending Aug. 8-9. The highest total for recent months resulted during the week which included the Labor Day weekend, ending Sept. 5-6, when 147 theatres reported an aggre- gate gross of $1,760,500. The following tabulation indicates the total gross each week and the number of theatres reporting, since the beginning of the last season, September, 1940: 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. 1-2 131 1,302,600 Nov. 8-9 134 1,533,000 Nov. 15-16 126 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 1,634,000 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 March 28-29 161 1,612,800 April 4-5 153 1,449,300 April 11-12 148 1,384,600 April 18-19 152 1.638,800 April 25-26 154 1,540,200 May 2-3 160 1,496,400 May 9-10 166 1,540,300 May 16-17 166 1,489,750 May 23-24 156 1,392,600 May 30-31 162 1,403,100 June 6-7 163 1,607,000 Tune 13-14 146 1,230,600 June 20-21 145 1,322,500 June 27-28 151 1,284,300 July 4-5 146 1,306,400 July 11-12 134 1,549,100 Tuly 18-19 130 1,233,200 July 25-26 125 1,271,500 Aug. 1-2 145 1,352,700 Aug. 8-9 138 1,358,200 Aug. 15-16 140 1,409,100 Aug. 22-23 139 1,496,900 Aug. 29-30 138 1,383,800 Sept. 5-6 147 1,760,500 Sept. 12-13 143 1,520,400 Sept. 19-20 147 1,520.400 (Copyright, 1941, Quigley Publishing Company, Inc.) MR. and MRS MURRAY SIL- VERSTONE leave for Cali- fornia on Saturday. • Eugene Zukor arrived from the Coast by plane yesterday. • Irving Helfont of the M-G-M home office sales department observes a birthday today. Harry M. Bessey, secretary and treasurer of Altec Service, and Stan- ley Hand, staff representative, have returned from the South. • Edwin Cline, Erpi manager in Guatemala, will arrive today to take over a new assignment in the home office foreign department. • E. S. Seeley, Altec Service engi- neer, has been granted a leave of ab- sence to do research in submarine de- tection for the National Defense Labo- ratories. Phila. Showmen Club Elects New Officers Philadelphia, Oct. 1. — The Local Showmen's Club elected officers for the 1941-1942 year at its meeting last night. All candidates were unopposed, with Charles Goldfine, operator of the Local Alden, elected Star (president) in place of Edgar Moss, 20th Century- Fox district manager, who declined be- cause of press of business. Other officers include : Meyer Adel- man, Stand-in (vice-president) ; Charles Stiefel, Yes Man (secretary) ; Sam Rosen, Banker (treasurer) ; Joe E. Sapsis, Script Man (financial treasurer) ; D. M. Kirby, financial secretary ; David W. Yaffe, Fixer (attorney) ; and for the Board of Producers (directors) — Edgar Moss, Ben Biben. Dave Rosen and Oscar Neufeld. Zimbalist Named to Head Phila. WB Club Philadelphia, Oct. 1. — Al Zim- balist was elected president of the Philadelphia W arner Club at the first meeting of the new season, held here yesterday. Other officers elected are : Stanley Benford, Joseph Feldman and Floyd Bretz, vice-presidents ; J. Ellis Ship- man, treasurer, and Helen Mahoney, secretary. Elected to the finance com- mittee were : Ted Schlanger, Ship- man, Ed Hinchey, Feldman and Zim- balist. Disney Drops Plans For S. A. Production Hollywood, Oct. 1. — Contrary to previous accounts, it was officially in- dicated today by the RKO studio that Walt Disney has abandoned plans for a cartoon studio in South America and would return here with his aides from his South American trip by Oct. 20. It was announced that Disney will in- stead make 12 shorts with Latin American backgrounds here for the new season,- for distribution by RKO. Party for Henry Koster Henry Koster, director of Univer- sale "It Started with Eve," which opens at the Radio City Music Hall today, will be guest of honor at a cocktail party given by W. G. Van Schmus, managing director of the Music Hall, at the theatre tomorrow. Open Minn. Club Season Minneapolis, Oct. 1. — Twin City Variety club will inaugurate its Fall season with a dinner meeting next Monday at the Hotel Nicollet. Baltimore Variety's Clubrooms Delayed Baltimore, Oct. 1. — An unex- pected delay in the arrival of furnish- ings has necessitated postponement of the opening of the local Variety Club's new quarters atop the Stanley Theatre here. The location, which was a night club for several years, has been entirely remodeled. Several parties are scheduled for the opening about the end of this month. O'Neill Play Opens At Guild Tonight "Ah, Wilderness!" opens at the Guild Theatre tonight with Harry Carey, Ann Shoe- maker, Enid Markey, Hale Norcross, Dennie Moore, Shir- ley Poirier and others in the cast. The Eugene O'Neill comedy is the first of a pro- posed series of revivals to be presented by the Theatre Guild. M-G-M to Show New Exploitation Aids M-G-M plans demonstrations of its new advertising, publicity and exploi- tation aids for exhibitors at several gatherings of theatre men in the next few weeks. A feature of the demonstrations will be the "Showbuilder" mobile unit which includes a laboratory of exploi- tation aids. H. M. Richey, director of M-G-M exhibitor relations, will address exhibitor meetings in this connection. Events where the demonstrations are planned include : Allied Theatre Owners of Michigan convention in Detroit, Oct. 6 to 8 ; Connecticut Al- lied luncheon for Joseph Reed, New Haven, Oct. 7; Allied MPTO of Western Pennsylvania convention, Pittsburgh, Oct. 22, and a special meeting of exhibitors in Cincinnati. Oct. 28, at which M-G-M plans to be host to theatre and newspapermen. Loew-Lewin to Film Story by Maugham Los Angeles, Oct. 1. — David L. Loew and Albert Lewin, today an- nounced the purchase of Somerset Maugham's "The Moon and Six- pence." Plans for release are not set, pending settlement of their releasing arrangement with United Artists. Club to Honor Hendel Columbus, Oct. 1. — Barkers of the Columbus Variety Club will give a buffet dinner Monday in honor of James Hendel, former United Artists salesman in this territory, who has been made Cleveland branch manager for the company. The committee in charge includes Al Redman, Pete Wood, John Murphy and Russ Bovim. 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. BRITISH NATIONAL FILMS, Ltd. ROCK STUDIOS, ELSTREE, ENGLAND 1 LOUIS i Chairman and Governing Film Corporation, Ltd. National Films, Ltd. . . . GREETS THE AMER1 INDUSTRY AND HAS If 15 OUTSTAN FILM PRC PIERRE HOT ANGLO AMERICAN FILM CORPORATION, Ltd. 119-125 W ARDOUR ST., LONDON, ENGLAND CKSON ector Anglo American a Director of British MOTION PICTURE HONOR TO PRESENT NG BRITISH UCTIONS , NEW YORK 6 Motion Picture Daily Thursday. October 2. 1941 Six New Films Finished; 44 Now in Work Hollywood, Oct. 1. — Forty-four pictures were before the cameras this week, as six finished and eight started. Twenty-five were being pre- pared, and 65 were being edited. The tally by studio : Columbia finished: "Outlaw Ranger," "Con- fessions of Boston Blackie." In Work: "Blondie Goes to Col- lege," "Honolulu Lu," "Bedtime Story," "The Lady Is Willing." Goldwyn (RKO) In Work: "Ball of Fire." Korda (U. A.) In Work: "Jungle Book." M-G-M Finished: "The Girl on the Hill." In Work : "The Vanishing- Vir- ginian," "Steel Cavalry," "Johnny Eager," "Woman of the Year," "H. M. Pulham, Esq.," "Panama Hattie," "Babes on Broadway," "Her Honor." Monogram In Work: "Sis Boom Bah." Producers Releasing Finished: "The Miracle Kid." Started: "Swamp Woman," "Billy the Kid's Oklahoma Justice." Pressburger (U. A.) In W ork : "The Shanghai Gesture." Paramount In Work : "Tombstone." Started: "The Lady Has Plans," "The Fleet's In." RKO In Work : "Thundering Hoofs," "Joan of Paris," "Call Out the Marines." Started: "Valley of the Sun." Republic In Work: "The Devil Pays Off." Started: "Sierra Sue." Small (U. A.) Started : "Twin Beds." 20th Century-Fox In Work: "Remember the Day," "Rise and Shine," "Son of Fury." Started : "The Perfect Snob," "Castle in the Desert." Universal Finished: "Man or Mouse." In Work : "Melody Land," "Keep 'Em Flying," "South of Tahiti" (formerly "White Savage"). Warners Finished: "Steel Against the Sky," (formerly "Dangerously They Live"). Suspended: "The Man Who Came to Dinner." In Work: "Wild Bill Hickok Rides," "You're in the Army Now," "The Male Animal," "All Through the Night," "Kings Row," "Captains of the Clouds," "They Died with Their Boots On." Conn. Allied Opposes Joint Industry Plan (Continued from page 1) tional officers, as have others. "This is merely a matter of differ- ence of opinion," said Dr. J. B. Fish- man, president of Connecticut Allied, in commenting on the resolutions. In opposing the all-industry committee, he said, the organization felt that the interests of the independent exhibitor would be lost or subjugated if the proposal were to be placed in effect. Start of New Tax Brings No Change at Box-Office (Continued from page 1) neighborhood houses plan to reduce the price of special children's matinees from 10 cents to 9 cents, which is not subject to tax. National circuit operators were agreed that the first day's operation under the nex tax levy bore out their belief that it would not adversely af- fect business. RKO, Loew's, Warner and National Theatres officials pointed out that the most tangible effect of the new scales will be noticed at Saturday matinees, since the new Federal levy relates most directly to juvenile ad- missions of 10 and IS cents. Circuit officials pointed out that adult admissions are negligibly af- fected by the new tax, having been in effect heretofore on admissions from 20 cents up. It was also indicated that the public is "tax conscious" and already has accepted the fact that the cost of virtually everything is up and likely to go higher. That acceptance has made the public philosophical about all new taxes, it was stated. Most major Broadway houses reported excellent business yes- terday. The Paramount, Roxy and Radio City Music Hall had standees during most of the afternoon and evening, accord- to the theatres. The Strand re- ported good business and the Capitol said attendance was better than average for the af- ternoon, with capacity business last night. The Globe and Central reported business "rather slow" and the New York Theatre, first-run Western house, was off. Business also was slow at the New Amsterdam and other 42nd Street "grind" houses. Many theatres along Broadway provided radio reports of the Brook- lyn-Yankees game, and most report- edly benefited from the post-holiday trade last night. The influx of World Series visitors is considered a factor in theatre attendance. Both first-run and neighborhood matinees in Brooklyn were below aver- age. A matinee check showed 1,300 attendance at the Fox, 800 at the Par- amount and about 1.000 at the Metro- politan. The borough's theatre oper- ators, however, all attributed the de- cline to the holiday and the World Series, rather than to the new tax. Small Manhattan theatres had few complaints and fewer comments to make on the new tax, all reporting that they were passing it on, with no noticeable affect on attendance re- sulting. Few Complaints in Chicago Chicago, Oct. 1. — A check of Loop houses revealed no adverse reaction to the new tax. Theatre men reported a few mild complaints, but the ticket buying public generally is taking it good naturedly. Houses charging 15 and 20 cents have been preparing their patrons for the change with trailers on the screen and signs in the lobby for a week or more. Reduce Children's Price Chattanooga, Tenn., Oct. 1. — Theatres here have reduced their chil- dren's admission price from 10 to 9 cents in order that the newly reduced exemption on amusements will not Coast Exhibitors Report No Effect Los Angeles, Oct. 1. — The start of the new Federal taxes showed no initial ad- verse effect at the box-office in this area, theatre men re- ported tonight. The feeling of theatre operators here is that no effect will be felt im- mediately, but that the tax would make itself felt over a period of months should cur- tailment of family entertain- ment budgets be necessary because of the higher cost of living. force them to collect the extra penny. Emmett Rogers, city manager for Wilby-Kincey. which operates the Tivoli, State, Rialto and Bijou here, said his theatres would charge 9 cents for children under 12 and adult admis- sions for all others. The Wilby-Kincey circuit hereto- fore charged 10 cents for "children under 14." The new tax forces them to lower the age limit to 12 years. All neighborhood theatres, owned by Independent Theatres, Inc., have- also cut children's admission to 9 cents. Cincinnati Scales Vary Cincinnati, Oct. 1. — No uniform scale of prices because of the tax was agreed u]>on at a meeting of the Greater Cincinnati Independent Ex- hibitors League yesterday. Some of the suburban houses, particularly in the lower admission brackets, will pass both the Federal impost and the three per cent State tax to the public, while others will add onlv the Federal tax. Chance Games Seen Killed in Kentucky Seattle Business Unaffected Seattle, Oct. 1. — The new Federal tax had little noticeable effect on Seattle box-offices. Business during matinees and the dinner hour was re- ported equal to other Wednesdays, considering the attractions. Some comment by the public on the new tax charge was reported, but no adverse criticism or hesitation in buying tickets. Rochester Adds Tax Rochester, Oct. 1. — Local theatres are adding the new tax to admissions but plan no general increase in scales, according to theatre men. Little Reaction in Newark Newark, Oct. 1. — The new tax schedule went into effect smoothly here. Surprise was expressed by some patrons at paying more for lower-priced tickets in some theaters. Attendance, however, was unaffected. Slight Effect in Minneapolis Minneapolis, Oct. 1. — Matinees were said only slightly affected here on the first day of the all-inclusive ticket tax. Evenings are expected to be affected negligibly. The new tax has been well publicized in news- papers. (Continued from pane 1) .stated that every chance game oper- ator will be on the same footing as the Schine theatres here after the judgment is entered and prompt ac- tion will be taken against any theatre which continues the practice. On that basis, he said, he expects the ">es to be eliminated throughout thc^ e by the end of the week. The action against the Schine thea- tres asked for the forfeiture of the company's charter and a fine sufficient to punish the company for a five-year violation of the law. The settlement provides for the abandonment by the State of both those objectives, but the company makes the admission that operation of the games is illegal and agrees that it will discontinue the practice. Milwaukee Unchanged Milwaukee, Oct. 1. — Reports today_ from local first-runs indicated no Pathe Dissolution Plan Is Approved Pathe Film Corp. shareholders, representing 80 per cent of the out- standing stock, meeting here yester- day, approved the company's plan to exchange its holdings of du Pont Film Manufacturing Corp. common for shares of E. I. du Pont de Nemours & Co. common and to dissolve Pathe Film. The stockholders also approved compensation to T. C. Davis, a direc- tor, of 300 shares of E. I. du Pont common. Under the approved plan, Pathe will transfer its 3,500 shares of du Pont Film to E. I. du Pont, receiving in return 56,750 shares of the latter's common. In the dissolution of Pathe, holders of 7,469 shares of preferred will receive from current cash re- sources payment of S100 a share plus accrued dividends. Holders of Pathe common will receive one share of E. I. du Pont common for approximately each 10.3 shares of Pathe. Buys PRC Franchise Chicago, Oct. 1. — George Topper, once manager of the Star & Garter and Haymarket theatres here and a public accountant in recent years, has purchased the local franchise of the Producers Releasing Corp. Charles Miller continues as branch manager. noticeable adverse effect on receipts as result of introduction of the new Fed- eral tax schedule. San Francisco Awaits Test Sax Francisco, Oct. 1. — The big test of the new tax schedule is ex- pected here on Saturday, when the levy will be added to children's tickets at matinees. Today, however, there was only slight reaction to the tax because only children's prices are af- fected at most theatres. Des Moines Matinees Drop Des Moines, Oct. 1. — Although suburban houses here reported no drop in attendance on the first day of the new tax, downtown second runs reported a noticeable decrease in mat- inees before 2 P.M., where admissions were advanced from 16 to 20 cents. First-run houses were not affected and expect an increase in business be- cause of the smaller difference now between their price and that of the downtown second-runs. Ihursdax, October 2, 1941 Motion Picture Daily 7 Jordan' Dual Does $32,000 To Lead Hub Boston. Oct. 1. — "Here Comes Mr. Ionian" coupled with "Ringside Maisie" led box office receipts with ;UjP00 at the Loew's State and $18.- Loe\v"> Orpheum for a high ISTof $32,000. Estimated box office receipts for . eek ending Sept. 24-2(> : Parachute Battalion" (RKO) KEITH BOSTON— (2.697) (2Sc-44c-55c- Ux) 7 days, first run. with stage show including the Beachcombers of 19-42 fea- turing Willie Howard. Gross: $11,150. (Average. $8,000) Sun Valley Serenade" (20th-Fox) • The Gay Falcon" (RKO) KEITH ME.\IORIAU-(2,907) (2Sc-33c- »^4c-55c) 7 davs, 2nd week. Gross: $15,500. ' Average, Slo'.OOO) 'Hold Back the Dawn" (Para.) Henry Aldrich for President" (Para.) METROPOLITAN'— (4.367) (28c-39c-44c- ?5c) 7 days, 2nd week. Gross: $12,000. (Av- erage, $15,500) "New York Town" (Para.) "Flying Blind" (Para.) PARAMOUXT-(l,797) (28c -39c -44c -55c) 7 davs, 1st run. Gross: $8,169. (Average, £7,500) "New York Town" (Para.) Flying Blind" (Para.) FEX WAY- (1.320) (28c-39c 44c-55c) 7 i:ays, 1st run. Gross: $5,100. (Average. tf4,500) •Wild Geese Calling" (20th-Fox) "Ice-Capades" (Rep.) SCOLLAY-(2,500). (28c-39c-44c-55c) 7 • lays, 3rd run. Gross: $3,111. (Average. -4.000) 'Here Comes Mr. Jordan" (Colo.) "Ringside Maisie" (M-G-M) LOEW'S STATE— (3,000) (28c-33c-44c- -'Sc) 7 days, 1st run. Gross: $14,000. (Aver- age. $12,000) "Here Comes Mr. Jordan" (Colo.) 'Ringside Maisie" (M-G-M) LOEWS ORPMEL'M (2.900) (>8c-33c- -i4c-55c) 7 days, 1st run. Gross: $18,000. Average, $17,500) Monroe Sets New Record in Newark Newark, Oct. 1. — Vaughn Mon- roe broke all existing records at the Adams when the three-day weekend Ki-oss reached $11,030, topping the pre- vious mark of $10,600 set by Tommy Dorscy during the last Christmas week. Second week of "Life Begins for Andy Hardy" drew $14,300 at Loew's State. Estimated receipts for the week end- ing Sept. 24-26 : The Smiling Ghost" (W.B.) "Badlands of Dakota" (Univ.) WARNERS' BRANFORD -(2.840) (28c- >c-44c-55c-65c-75c) 7 days. Gross: $13,800. 'Average. $14,000) "Citizen Kane" (RKO) "Mexican Spitfire's Baby" (RKO) RKO PROCTOR'S— (3,389) (28c-33c-44c- r5c-65c-75c) 7 days, 2nd week. Gross: -14,800. (Average, $14,500) "Life Begins for Andy Hardy" (M-G-M) "Blackout" (U.A.) LOEW'S STATE-(2,589) (28c-44c-55c- uc-75c) 7 days, 2nd week. Gross: $14,300. Average. $13,500) "Ice-Capades" (Rep.) "Bowery Blitzkrieg" (Rep.) PARA MOU XT-NEWA R K— (2,200) (28c - ic-44c-55c-66c-75c) 7 davs. Gross: $14,300. Average. $13,750) "No Greater Sin" (University) LITTLE - (299) (33c-44c-55c) 7 days, '■ro-^: $1.7th-Fox) "Our Wife" (Col.) MISSOURI— (3,514) (30c-40c-50c) 7 days. Gross: $4,200. (Average, $4,000) "Hold That Ghost" (Univ.) "Charley's Aunt" (ZOth-Fox) ST. LOUIS— (4,000) (25c-35c) 7 days. Gross: $4,000. (Average, $2,600) 'Lady' High Gross Tally, Kansas City Kansas City, Oct. 1. — "Lady Be Good" and "Tillie the Toiler" scored $11,000 at the Midland to lead the city. Estimated receipts for the week end- ing Sept. 24 : "Belle Starr" (20th-Fox) ESQUIRE-(800) (30c-44c) 7 days. Gross: $3,200. (Average, $2,200) "Lady Be Good" (M-G-M) "Tillie the Toiler" (Col.) MIDLAND — (3,600) (28c-44c) 7 clays. Gross: $11,000. (Average, $8,500) "New York Town" (Para.) NEWMAN — (1.900) (28c-44c) 7 days. Gross: $7,000. (Average, $7,000) "Dive Bomber" (W.B.) ORPHEUM — (1,900) (28c-44c) 7 days. Gross: $7,000. (Average, $6,000) "Under Fiesta Stars" (Rep.) TOWER— (2,200) (30c) 7 days. Stage: Tom O'Neil, The Hartnells, Carleton Emmv, Del Brese. Gross: $6,000. (Aver- age. $6,000) "Belle Starr" (20th-Fox) UPTOWN — (2.000) (30c-44c) 7 days. Gross: $4,000. (Average, $3,000) B&K Club Elects Chicago, Oct. 1. — Edward F. Dlouhy, manager of the Gateway Theatre here, was elected president of the Balaban & Katz Employes Club at the annual election. Other new officers are Joseph L. Stout, first vice- president ; A. Warren Jones, second vice-president ; William Schwartz, third vice-president ; Joseph Rehak, treasurer, and Joseph Norbert Miller, secretary. ANOTHER REPUBLIC FAN MAGAZINE AD WAVES OF ACCLAIM for a BIG PICTURE EVERY one of the thousands UPON thousands who HOWLED and chuckled AND cheered Republic's "ROOKIES ON PARADE" IS waiting anxiously for the NEW "service" comedy SMASH from the Republic STUDIOS . . . Well, it's here —AND advance reports SAY that it tops "ROOKIES" by A boat-full of LAUGHS, song HITS and ROMANTIC escapades! THOSE "rookies" are sailn THE seven seas now in "SAILORS ON LEAVER AND the star- SPANGLED CREW includes SUCH hearties AS lovely SHIRLEY ROSS-who sings THOSE chanties as nobody ELSE can— WILLIAM LUNDIGAN (his CINEMA star is rising fast OVER the horizon), and— FOR a broadside of roars— THERE'S CHICK CHANDLER and double-talking CLIFF NAZARRO. plus RUTH DONNELLY, MAE CLARKE, TOM KENNEDY, MARY AINSLEE, BILL SHIRLEY, JANE KEAN and A flock of handsome - TARS and their sweethearts IN every port! . A REPUBLIC PICTURE 8 Motion Picture Daily Thursday. October 2. 194 SEC Reports Large Sale of Para. Bonds, Other Transactions Allied Ponders Its Minn. Law As Circuits Get Films Washington, Oct. 1.— Officers, directors and beneficial holders of se- curities in seven motion picture corpo- rations had deals in the stocks of their companies in August, it was reported today by the Securities and Exchange Commission in its first of two sum- maries for that month. Largest transaction reported was the sale by the Manufacturers' Trust Company, New York, of 122,000 Par- amount Pictures 1947 convertible de- bentures, leaving it with 3,202,800 de- bentures and 5,710 shares of preferred stock at the end of the month. In the same company, Henry Gins- berg, Hollywood officer, reported the purchase of 200 shares of common stock to make his interest 700 shares. Monogram Deals Reported The second heaviest transaction re- ported was the acquisition by William Hurlbut, Detroit director in Mono- gram Pictures, of 3,829 shares of common stock through Monogram Pictures of Detroit, which held a to- tal of 8,644 shares of common and 7,141 options for common at the close of August. The Monogram report also showed the acquisition of 2,634 shares of com- mon stock by Trem Carr, Hollywood director, increasing his interest to 22,792 shares and 22,823 options for common ; and the sale of 300 shares of common by Samuel Broidy, Holly- wood officer, reducing his holdings to 7,600 shares and 11,129 options, to- gether with the sale of another 500 shares held through Monogram Pic- tures of Massachusetts. Acquisition of another 83 shares of Loew's Boston Theatres common stock increased the interests of Loew's, Inc., to 118,509 shares. In Loew's, Inc., J. Robert Rubin, New York officer, sold 2,800 shares of common stock, reducing his holdings to 17,715 shares. In Columbia Pictures, Samuel J. Briskin, Hollywood officer, bought 700 shares of common, giving him his first interest in the common. Atlas Buys RKO A report on RKO showed that At- las Corporation, Jersey City, bought 400 shares of common and a similar amount of preferred, and held, at the end of the month, 822,023 shares of common, 327,812 warrants for com- mon and 46,071 shares of preferred di- rect, and 268,230 shares of common through the American Company. Preston Davie, New York director in Universal Pictures, bought 50 shares of common stock, giving him a total of 150 shares of common and 50 shares of preferred. A report on the holdings of persons becoming officers of corporations showed that Peyton Gibson, elected an officer of Universal Corporation and Universal Pictures on August 7, held, in the former, 1,400 common voting trust certificates direct and 26,500 certificates and 111.283 war- rants for certificates through the Standard Capital Corporation, and, in the latter, 230,927 shares of common, 220 shares of first preferred and 20,- 000 shares of second preferred through Universal Corporation. (Continued from page 1) decision on the consenting distribu- tors' action for an injunction to halt enforcement of the state anti-decree law. A decision is expected from the St. Paul district court next week. The question was raised at the meeting whether Paramount, RKO and Minnesota Amusement had not violated the state law in the sale and exhibition of the pictures. Officials of the three companies, however, de- clined to divulge the nature of the deals that have been made, which left Allied in the dark as to the existence of a possible violation. In this con- nection it was pointed out that Para- mount and RKO may sell to their affiliated theatres in any manner they choose, insofar as the consent decree is concerned, leaving open the possi- bility that they may have been sold the entire new season output of those companies, which would not be a vio- lation of the Minnesota law. RKO Probers to Attend Premiere of 'Heaven' (Continued from page 1) tors Ernest W. MacFarland, Charles W. Tobey and C. Wayland Brooks. Warner executives, press represen- tatives and others will leave here for Washington on a special train today for the premiere, which is to be spon- sored by the Advisory Committee of Protestant Clergymen, the announce- ment states. A number of Washing- ton officials are expected to be pres- ent, including Sen. Arthur Capper of Kansas. Those scheduled to be in the New York group are Mr. and Mrs. Harry Warner, Joseph Bernhard, Mort Blumenstock, Mitchell Rawson, Sam Shain, Martin Quigley, Jr., Ralph Budd, John Harkins, Jack Lait, Louis Sobol, John T. McManus, Lee Mor- timer, Perc Westmore, Chester Bahn and Maurice Kann. 23d N. Y. Complaint Filed, Award Granted (Continued from page 1) Savoy takes pictures not played by the Ritz. The twenty-third New York com- plaint was filed by the Rosyl Amuse- ment Corp., operator of the Cameo, Jersey City, on clearance against all five consenting companies. In the case of Loew's, the Cameo seeks product seven instead of 21 days after the Fulton. In the cases of RKO, Paramount and Warners, the Cameo seeks the elimination of seven days clearance over it now granted the Orient. Other adjustments of run also are sought. Oscar Hanson Quits Nathanson Firms (Continued from page 1) dent of the Empire Universal company. N. L. Nathanson resigned as presi- dent of Famous Players Canadian last Summer and has been developing the rival Odeon circuit throughout the Dominion. Loew's recently closed with FPC for its new season product. It was known that Odeon had sought a 50-50 split of the M-G-M pictures. has an interest in the Mort H. Singer Orpheum theatres here and in St. Paul. The Singer theatres also are tied up with Minnesota Amusement in a booking deal. M-G-M new season product also is being exhibited here under a three- year franchise with Minnesota Amuse- ment, which is not affected by the decree or the state law. [That major companies were selling new season product in Minnesota was reported in Motion Picture Daily on Aug. 18.] The Allied meeting also surveyed the product situation in the small towns throughout the state and de- cided it was not serious. Some "A" theatres in larger towns might be forced to close for lack of product if the situation is not clarified by Nov. I, it was said, but a court decision on the distributors' injunction case is ex- pected before then. Savini Sees Decree As Boon to Astor A business increase of 33^ per cent was recorded by Astor Pictures during the nine months ended Sept. 30 over the corresponding period last year, R. M. Savini, president, states. Savini attributed the increase to the slowness of many theatres in closing new season deals under the consent decree method which, he said, has left increased playing time open for inde- pendent product. SWG Postpones Meet To Protest Inquiry Hollywood, Oct. 1— Plans of the Screen Writers Guild for a mass meeting of studio guilds and unions to protest the Senate subcommittee in- vestigation of films has been postponed pending the out- come of Washington develop- ments in which it appears possible that the inquiry may be halted, it was annoui today. MPTOA Committee Meets Wobber Today (Continued from page 1) week by Ed Kuykendall, MPTOA president. Members of the special committee are Max A. Cohen of New York, Lewen Pizor, Philadelphia, and Her- man Levy, New Haven. The nature of the complaints from exhibitors has not been specifically described, although in his statement announcing the appointment of the committee Kuykendall said they were numerous and were directed at reallo- cation and non-delivery of pictures as well as at new season sales policies. Efforts to reach Cohen yesterday for comment on the meeting with Wobber were unsuccessful as he was away from his office for the holiday. Film Audit in 18 Keys Film Audit Service has established branches in 18 "key" cities to date, virtually completing its plan of na- tional organization, Samuel Hacker, general manager, stated yesterday. coast-to-coast r MOTION PICTURE DAILY 50. NO. 67 NEW YORK, U.S.A., FRIDAY, OCTOBER 3, 1941 TEN CENTS N.E. Allied Ratifies Joint Industry Plan Action Was Unexpected; Ohio Group Approves Allied's New England affiliate, Independent Exhibitors, Inc., meet- ing in Boston yesterday, unani- mously approved Allied States' plan for an industry joint conference committee, rejecting, however, the proposal that the committee study the possibiilty of making its setup " more elaborate and enduring." This action, while approving the original proposal with a reservation, was unexpected in industry circles. It had been believed probable that since Nathan Yamins, chief oppo- nent of the plan, is a leader in the New England unit, the meeting would reject the "unity" plan. Independent Theatres Owners of )hio, a leading Allied affiliate, also (.Continued on page 4) Ernst Warns FCC on Link of Press, Radio Washington, Oct. 2. — Morris L. Frnst. counsel for the American Civil Liberties Union, today warned the ,FCC that newspaper-owned radio sta- tions were a threat to freedom of speech, possibly leading to Govern- ment ownership. Appearing before the commission in his own behalf, Ernst was the sole ' witness as the commission reamed 'hearings on its inquiry into newspa- per ownership of radio stations. Ernst told the committee that while he feared the dangers of newspaper con- (Continued on paqe 8) Chicago Operators Get 5% Wage Rise \ Chicago, Oct. 2.— An over-all in- crease of 5 per cent was granted Chi- cago operators today following long negotiations on a union contract with circuits and independents. The increase is over the former liase rate of $2.10 to $3.09 per hour. It was a counter offer of Allied of I llinois, Balaban & Katz, Warners and the Schoenstadt circuit to the union's ■ riginal demand for a 10 per cent in- crease. The new contract will be for one year, retroactive to Sept. 1. 4 Yank In RAF' Leads With $78,500 Week; 'Dawn' Big at Para. Grosses on Broadway ranged from poor to "terrific" this week as the fair weather continued and the World Se- ries stirred up tremendous excitement among New- Yorkers. "A Yank in the R. A. F.," at the Roxy, led the Broadway parade. W ith a stage show including the Nicholas Brothers, the 20th Century-Fox film finished its first week last night with a smash gross estimated at $78,500. Similarly unaffected by the Yankee- Dodger fray at the Yankee Stadium was the Paramount which for Wed- nesday reported its third biggest opening day on record with "Hold Back the Dawn" and Xavier Cugat's orchestra on the stage. The first day's gross was estimated at S9,900. "Lydia" at the Radio City Music Hall, with the stage presentation con- tinued strong through its second week, drawing an estimated $8 1,500. (Continued on page 5) FP Canadian Deny Hanson Affiliation Toronto, Oct. 2. — Denial was made today by Famous Players Canadian Corp. that Oscar Hanson would be- come identified with the company. The denial followed the announcement of Hanson's resignation as director of theatre operations for the N. L. Na- thanson Odeon Circuit and withdrawal {Continued on page 4) MPTOA Meet With Wobber Is Delayed The scheduled meeting yes- terday of the MPTOA sales policy committee with Her- man Wobber, 20th Century- Fox general manager of dis- tribution, was postponed to an indefinite date when Wob- ber was called to the Coast unexpectedly. No arrange- ments for other meetings have been completed by the committee, which is charged with discussing exhibitor complaints against new sea- son sales policies with dis- tribution executives. Majors Plan to Stop Mexico Service This Week If Peace Fails Film service to Mexican theatres will be halted this weekend by the three major distributors still operat- ing there in the event that a settle- ment of the Mexican film workers' strike has not been reached by Sun- day, it was stated here yesterday. The action would shut off all major com- pany product from Mexican theatres. The three companies still unaf- fected by the strike are Universal, United Artists and 20th Century-Fox. The other five major distributors have been closed by the strike action. All distributors gave their accounts 30- (Continucd on page 4) 'Heaven 'Opens in Capital Picture Praised by Clergy By GERALD GROSS Washington, Oct. 2. — The most distinguished gathering for a motion picture this capital has witnessed in years attended the premiere at War- ners' Earle Theatre tonight of "One Foot in Heaven." Thirteenth Street was choked with spectators straining for a peek at the celebrities. In the audience were Su- preme Court Justices Murphy and Black, Attorney General Francis Bid- die, Secretary of Agriculture Wickard, more than two score of Senators and numerous Congressmen, John D. Hertz, Edwin L. Weisl and Mrs. Helen Hertz Levy. Sen. Ernest W. McFaiiand and C. Wayland Brooks, members of the (Continued on page 4) By SAM SHAIN Washington, Oct. 2. — A first night audience in the nation's capital at the premiere of "One Foot in Heaven" at the Earle Theatre tonight heard Dr. Daniel A. Poling, editor of the Christian Herald and president of the international Christian Endeavor movement, who has just returned from London, declare that the making and showing of this picture marked a great day for Christianity. "It is a day which has been sought," he said. The picture, which he described as "an immortal epic," is indirect propa- ganda, he said, "for life and living with father and mother." "I hope that at least half a hundred (.Continued on page 4) Senate Probe Hearing May Be Postponed Tobey to Be Absent from Capital Next Week Washington, Oct. 2. — Pos- sibilities that hearings of the Sen- ate propaganda probe, scheduled for next Monday, may be post- poned, were raised today when it became known that Senator Charles W. Tobey of New Hampshire would not be in Washington next week. Chairman D. Worth Clark of Idaho also is currently out of the city but is expected to return before the beginning of the week after a speech in Fort Wayne tomorrow night. It was made known definitely that Charles Chaplin, scheduled as a wit- ness for next Monday, will not testi- fy at that time and the committee has informed him that his appearance will be deferred. There was some doubt as to when Will Hays will be heard and the question of the examination of William Wilkerson also remains to be settled. No definite information of plans for Monday could be obtained from the committee, but it is probable that hearings will be postponed until Sena- tor Tobey can be present. Johnston Reelected Monogram President Hollywood, Oct. 2. — The Mono- gram board of directors at its annual meeting here today reelected W. Ray Johnston president, elected other of- ficers and announced that sales this year to date are $400,000 more than last year for the same period. Johnston announced that a loan for a substantial amount, which he did not disclose, was arranged with the Guar- anty Trust Co. of New York. Officers named in addition to John- ston are : Trem Carr, executive direc- tor in charge of production ; Samuel Broidy, vice-president in charge of sales ; Herman Rifkin, vice-president ; Norton V. Ritchey, vice-president in charge of foreign sales ; J. P. Fried- hoff, secretary and treasurer ; E. R. Mulchrone, and N. Witting, assist- ant secretaries, and C. Boyle, assist- ant treasurer. The new board is made up of Johnston, Carry, Broidy, Rifkin, John W. Mangham, Howard Stubbins, Wil- liam Hurlbut, Charles Trampe and Alton A. Brody. Motion Picture Daily Friday, October 3, 194] Coast Flashes Hollywood, Oct. 2 EXPLOITATION and merchan- chandising plans for forthcoming 20th Century-Fox pictures will be planned in conferences to be held by Herman Wobber, general manager of distribution, and Hal Home, who ar- rive tomorrow from New York, with A. M. Botsford, company director of advertising and publicity, and Harry Brand, studio publicity chief. Richard Condon accompanied' Home. They will also arrange for the Coast opening of "How Green Was My Valley." • Herbert J. Yates is due tomorrow from the East for conferences on Re- public's quarterly product lineup and to get production of seven films under way during October. • Norman Moray, Warners' shorts subjects sales manager, is expected here Monday. The studio announced that it is planning a number of shorts ''designed for the Latin American market." • Walter Pidgeon was set today by M-G-M to co-star with Greer Gar- son in "Miniver." William Wyler has been "borrowed" from Samuel Goldwyn to direct. 20th-Fox Showings Slated for Oct. 16,17 Trade showings of four new season 20th Century-Fox films, "High Spot," "Moon Over Her Shoulder," "Small Town Deb" and "Swamp Water," have been scheduled for Thursday and Friday, Oct. 16 and 17, in 31 ex- change cities, the company announced yesterday. NEW YORK THEATRES RADIO CITY MUSIC HALL Rockefeller Center DEANNA CHARLES DURBIN LAUCHTON "IT STARTED WITH EVE" ON STAGE: "Dreams" — Russell Markert's clever, imaginative revue. Symphony orches- tra under the direction of Erno Rapee. 1st Mezzanine Seats Reserved Circle 6-4600 CHARLES BOYER Olivia Paulette DeH A VI LLAN D GODDARD "HOLD BACK THE DAWN" A Paramount Picture PARAMOUNT IN PERSON XAVIER C U G A T AND BAND JAY & LOU S E I L E R TIMES SQUARE * TYRONE POWER "A YANK in the RAF." with BETTY CRABLE A 2tith Century-Fox Picture PLUS A BIG pQXY 7th AVENUE STAGE SHOW 50th STREET Doors Open | ■PALACE!™"? 25c"": 1 P. M. ERROL FLYNN SONJA HEME FRED GLENN MILLER MacMURRAY and BAND "DIVE "SUN VALLEY- BOMBER" SERENADE" Personal Mention JACK L. WARNER leaves this weekend for White Sulphur Springs, expecting to return to the studio about Oct. 20. • William Briant, booker at the New Orleans 20th Century-Fox ex- change, son of Clarence Briant, M-G-M exchange manager there, has been called into the Army. • Robert T. Marhenke, manager of the Leader Theatre, Baltimore, has enlisted as a leader in the Baltimore District Defense Council. • Louise Wilson, secretary to Les- ter Pollock at Loew's Rochester, in Rochester, N. Y., is confined to her home by illness. ARTHUR LOEW, vice-president of Loew's, Inc., will have a birthday Sunday. • Carol Sax of the Warner studios is in town. • Mortimer D. Sikawitt, president of Guaranteed Pictures, has had his name legally changed to Mortimer D. Sackett. • Harry Gruver of the New The- atre Co., Baltimore, and the Glen Theatre, Glen Burnie, Md., has re- turned from a vacation at Ocean City, Md. • Arthur Bonns leaves today for Boston. Clearance Case Is Filed in Cincinnati Cincinnati's fourth arbitration com- plaint of record and its first since last May was reported yesterday to Amer- ican Arbitration Association head- quarters here. The complaint was filed by Central States, Inc., owner of the Olentangy Theatre, Columbus, against Loew's, RKO, 20th Century-Fox and War- ners, and named the Hudson Theatre, Columbus, as an interested party. Con- tending that the present clearance and availability in favor of the Hudson is unreasonable, the complaint asks an arbitration award in favor of the Olentangy. Reserve Decision on Philadelphia Complaint Philadelphia, Oct. 2. — Decision was reserved today on the clearance complaint of the suburban Hatboro Theatre against the five consenting companies and Warners Grove The- atre, after S. Eugene Kuen, Jr., ar- bitrator, denied a defense motion to dismiss. Boston Club Plans Party for Charity Boston, Oct. 2. — The local Va- riety Club will hold a theatre party Oct. 21 for the new Olsen & Johnson show, "Crazy House," the proceeds of which will go to the club's charity fund. It was also decided at the ex- ecutive committee meeting to publish a year book at the end of the year. The new permanent quarters of the club are ready. Exhibitor Veteran Dies Kansas City, Oct. 2. — W. Lee Vaughan, 68, who built the Art The- atre in 1923 in Kansas City, Kan., operated several theatres, but sold all these interests a few years ago, died here. He was known as a civic leader. Ends Vaudeville Shows Indianapolis, Oct. 2. — Vaude- ville has ceased at the Lyric, 2,000- seat house recently acquired by Greater Indianapolis Amusement Co. Start Camp Theatres Camp Blanding, Fla., Oct. 2. — Foundations were laid here last week for eight permanent camp theatres costing a total of $500,000. Freedom Show at Garden on Sunday "Fun to Be Free," produced by the Stage, Screen, Radio and Arts Di- vision of Fight for Freedom, will be held Sunday evening at Madison Square Garden. The show will be introduced with a half-hour concert, starring Jan Kiepura, Gladys Swarth- out, and a chorus. A patriotic pageant by Ben Hecht and Charles MacArthur will follow, staged by Brett Warren. After an in- termission, Billy Rose will present a variety show of stars, to run one hour, and at 11 P. M., on a coast-to- coast radio hookup, a speaking pro- gram will begin, featuring Helen Hayes, Wendell Willkie, William S. Knudsen. Mayor F. H. LaGuardia and Herbert Agar. Miss Hayes and Burgess Meredith are co-chairman of the division. 8 RKO Houses Now Play Stage Shows Charles W. Koerner, general man- ager of RKO Theatres, has an- nounced stage shows added to the programs of the RKO Palace in Co- lumbus, O., bringing to eight the number of circuit houses showing vaudeville and films. The eight, including the Columbus house, are : Palace, Cleveland ; Bos- ton, Boston ; Shubert, Cincinnati ; Colonial, Dayton ; Golden Gate, San Francisco; Empire, Syracuse, and Temple, Rochester. Kansas Houses to Run Safety Trailer Kansas City, Oct. 2. — The first Fall meeting of the Kansas City, Kan., Theatre Managers Association was held this week, with all local the- atres represented. The association de- cided to run a series of trailers on safety in all theatres, in cooperation with the Chamber of Commerce and the local Safety Council. Join Television Station Philadelphia, Oct. 2. — Frank Thorpe Vreeland, who has spent the past 11 years in the film industry, has been named dramatic director of WPTZ, Philco television station here. Also added to the production staff were Ernest Walling, formerly produc- tion manager of the Barter Theatre, Abington, Va., and Gilbert Gould Brown, formerly an RKO sound engi- neer. Newsreel Parade OPEXJXG World Series game o the Yankee S Indium nets to/ billing in all the neivsrecls. Parachut troops in Louisiana also get attention The reels and their contents follow MOVIETONE NEWS, No. 8— Yanke vs. Dodgers. Parachute maneuver/' Louisiana. Premiere of "A Yank ii d R. A. F." on Broadway. Cherokee\^ nears completion. Cotton -picking conte> in Arkansas. "Corn Queen" in Indian;- Vyvyan Donner fashions. Airplane crash NEWS OF THE DAY, No. 206-Para chutists in Louisiana maneuver. Uritaii produces tanks for Russia. Mrs. Roosevel chats with Mayor LaGuardia. "Mr. Amer ica" contest. Baby hippo in Chicago World Series. PARAMOUNT NEWS, No. 11— Cana dian-U. S. peace salute in Blaine, Wash Survivors of torpedoed ship arrive. Hipp- born in Chicago. Navy's new otter shij model in Washington; production starts i> Texas. New York's Aquarium closes Louisiana maneuvers. World Series. RKO PATHE NEWS, No. 11— Work Series. Mrs. Roosevelt on new defense jol in New York. Mahogany plane in Low Island. New York's Aquarium closed. Par- achute maneuvers in Louisiana. UNIVERSAL NEWSREEL, No. 2tt- Parachutists in Louisiana. Altitude devici in Rochester, N. Y. Pilots graduate ii Texas. Cavalry graduations at Fort Riley Kan. Sons of Larry McPhail and Wendel Willkie in the navy. Seamen rescued in Iceland. Two new destroyers in Boston Women defense workers in England. Good will ceremony in Blaine, Wash. Cotton picking contest in Arkansas. Yankees Dodgers in first game. Gullette Gets New Preview Theatre William Gullette, operator of the Preview Theatre at 1600 Broadway, has taken over the former private screening room of Gaumont British Pictures in the same building, as second Preview Theatre. The Sim- plex Type E sound system, distrib- uted by National Theatre Supply Co.. has been installed in the new remod- eled screening room, to match that in the first preview theatre. MPPDA Board Adjourns The quarterly meeting of the MPPDA board of directors, scheduled for yesterday, was adjourned for lack of a quorum following a brief session of the board members present. A date for the adjourned meeting will be set later. 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. COMES THE PAWN ...COMES BUSINESS! BOSTON 'Hold Back the Dawn surges ahead of "Draft and "Zanzibar" — 3, weeks first run! LOS ANGELES "Dawn" runs neck and neck with "Draft"— booked for 3 weeks! WORCESTER ."Dawn" tops "Zanzibar and is held over foi 2d week. PROVIDENCE "Dawn" puts "Zanzibar gross in shade and is held over for 2d week. WILKES BARRI *Dawn"tops"Zanzibar. SCR ANTON "Dawn" runs ahead of "Zanzibar." TOLEDO 'Dawn"tops"Zanzibar. Motion Picture Daily Friday, October 3. 1941 N.E. Allied Ratifies Joint Industry Plan (Continued from page 1) unanimously approved the proposal yesterday, without reservation. Both organizations voted the national of- ficers and board a vote of confidence. Eleven regional units have ratified the local conference plan to date, with only one, Allied Theatre Owners of Conecticut, voting in opposition. Five units are still to be heard from. Yamins vigorously attacked the plan at Allied's recent national convention in Philadelphia. He called it "poison," and particularly assailed Section 3 of the proposed resolution, looking toward a permanent committee, on the ground that the independent ex- hibitors would be outvoted by the groups representing other branches of the industry. Yamins is a former president of national Allied and now a member of the national board and chairman of New England Allied'." executive committee. Eastern Pennsylvania Allied also has rejected Section 3, while approv- ing the resolution otherwise. Several Reopening In Rochester Area Rochester, Oct. 2.— New activity in the theatre business marks the Fall season in the Rochester area. The Majestic has been temporarily re- opened one night a week. Later the house will be redecorated and oper- ated on a double film policy. The Embassy, according to plans, will be used from time to time for special films. In nearby Trumansburg, work has started on a new theatre to be oper- ated by Cornell Theatres, Inc. The new house, to be known as the Ca- yuga, will seat 400. The Clifton Springs Theatre in Clifton Springs has been leased and reopened by Schine, according to C. C. Young, Schine district manager. Robert Emory, formerly of the Riverside in Buffalo, is the new manager. Altera- tions have been made. Plan First Runs at Boston Repertory Boston, Oct. 2. — A contract has been signed between the M. & P. Metropolitan Theatre and the Reper- tory Theatre, by which the Repertory will show first run features day and date with the Metropolitan. The Metropolitan will change pol- icy, featuring stage shows as well as first run pictures. Xavier Cugat and his orchestra will inaugurate the new policy on Nov. 14. The Repertory for the past few years has been used as a legitimate house and as a fourth run film theatre. The last play was "Life with Father" which ran about six months. Start Louisiana Theatre New Orleans, Oct. 2. — Construc- tion of a new 1,100-seat theatre in Gretna, La., to cost an estimated $75,000, and to be operated by Beren- son Theatres, Inc., began yesterday. Completion is expected by Feb. 15, 1942. 'Heaven 'Opens in Capital Picture Praised by Clergy (Continued from page 1) Senate subcommittee investigating the film industry, and two secretaries of Sen. D. Worth Clark, subcommittee chairman, were reported to have been among those present. Among representatives of the in- dustry were Harry M. Warner, Joseph Bernhard and S. Charles Einfeld, as well as Martha Scott and Elizabeth Fraser of the picture's cast, and Irving Rapper, its director. The audience also included a group of trade press and newspapermen from New York. Acceptances to the preview also came from the Rev. Noble C. Powell, Episcopal dean of Washington ; Bishop A. W. Leonard and numerous other church leaders as well as military officials. The picture will open its regular run at the Earle tomorrow. File Song Suit Pleas Cross applications to dismiss the complaint and the answer in the $50,- 000 damage suit of B. G. de Sylva and Joseph Meyer against M. Wit- mark and Sons, music publishers, were filed yesterday in N. Y. Supreme Court. The action charges sale of rights to the song, "California, Here 1 Come," for the 20th Century-Fox film, "Rose of Washington Square," at an inadequate price. (Continued from page 1 j million persons will see this picture," he declared. "We should do every- thing we can for it." Seated in the audience were two members of the Nye-Clark subcommit- tee^— Sen. Ernest W. McFarland of Arizona and Sen. C. Wayland Brooks of Illinois. Dr. Poling reviewed for the audi- ence the manner of the making of the picture, and after introducing Flor- ence Eldridge, wife of Fredric March ; Martha Scott and Elizabeth Fraser, the latter two of the film's cast, and the widow of the Rev. William A. Spence, Methodist minis- ter whose life story is depicted in the film, he brought to the stage a sur- prise celebrity — none other than Harry M. Warner, president of Warner Bros. Pictures ; and the audience of ministers, Government officials, and society and civic personalities heard Warner say: "I am glad we made this picture. These are perilous times and Chris- tianity is fighting to survive. I know that Christianity will survive, because Christianity is faith and faith is good. "It makes no difference what your faith is because every faith is good." The New York group of Warner executives and newspapermen who came here for the premiere will re- turn to New York tomorrow. Mexican Industry Now Employs 12,300 Mexico City, Oct. 2.— The importance of the film indus- try to Mexican economy is indicated by figures released on the business. The industry directly sup- ports 12,300 workers with an average annual payroll of about $2,225,000. Gross re- ceipts of the 1,009 active the- atres in the country average. $13,300,000 a year. Of the th/ atre total, 67 are in the Fed- eral District, which includes Mexico Citv. Short Subject Reviews "A Letter from Home" {United Artists) A propaganda subject from Eng- land which approaches the war's ef- fects on Britons at home in a calm and wholly impressive fashion, this is distinguished by the expert direction of Carol Reed, who has made the film move slowly, tensely and realistically. Its main concern is with the manner of living to which English women have adjusted themselves, only com- menting casually when a siren whines, a bomb is dropped and a building shattered. It is to be distributed by United Artists on a non-profit basis. Running time, 17 mins. Release, Oct. 3, 1941. "Old MacDonald Duck" (Disney Cartoon) (RKO) The Walt Disney cartoon makers have taken a simple situation like Farmer Donald Duck milking Clemen- tine Cow and have given it a clever treatment that is certain to have audi- ences laughing. Running time, 8 mins. Release, Sept. 12, 1941. "Pampas Paddock" ( Sportscope) (RKO-Pathe) This is an assortment of horse- breeding and racing scenes taken in Argentina and Chile and should be of special interest to devotees of the sport, since both republics are known for their fine stock. Running time, 9 mins. Release, Sept. 5, 1941. "Half Shot at Sunrise" (All Star Comedies) (Columbia) Roscoe Karns, a prankster in this little comedy, finds much to laugh at in his antics but they and the reac- tions of his victims may not be con- sidered too funny by the audience in the theatre. The film uses the old- line situations — pie throwing and the like — in its effort to draw laughs. Running time, 16 mins. Release, Sept. 4, 1941. "Community Sing, No. 2" (Columbia) Here the audience is asked to ac- company Lew White at the organ and the "Song Spinners," unseen choral group, in a few tunes, such as "Ama- pola," which by this time have lost some of their value. Where audiences have reacted favorably to such fare in the past, this should be appropriate. Running time. 10 mins. Release, Sept. 5. 1941. "Buenos Aires Today" (Columbia Tour) (Columbia) This is the usual type of travelogue, touring the Argentine capital with stopovers at big buildings, the subway and such. Also, it takes time out to look at the city's means of solving traffic problems, and the cattle indus- try. Color would have enhanced the film, but as it stands rates as fair en- tertainment. Running time, 10 mins. Release, Sept. 26, 1941. Companies to Stop Service to Mexico (Continued from page 1) day notice of cessation of film service last month in compliance with con- tract provisions. The 30-day period will expire Sunday. Meanwhile, home office foreign de- partments have been advised by their Mexico City offices that negotiations for a settlement of the strike are progressing satisfactorily, with Mex- ican government officials participat- ing. Arthur Pratchett, Central American manager for Paramount, was called to Mexico City from Ha- vana a few days ago to attend the settlement negotiations. New Film Regulations In Mexico Effective Mexico City, Oct. 2. — New regu- lations governing supervision of the picture industry have gone into ef- fect. They regulate the commercial exhibition of films throughout Mexico and make national Federal approval or disapproval. Grade letters are as- signed to pictures — "a," those suit- able for children, adolescents and adults ; "b," for adolescents and adults ; "c," adults only, and "d," adults only under special authorization of the Federal Film Supervision and Censoring Department. Exhibitors must abide strictly by these letter gradings in all screenings and are liable to fines of from $22.50 to $225 for violations. FP Canadian Deny Hanson Affiliation (Continued from page 1) from other Nathanson companies, in which he held executive posts. It was declared there are no nego- tiations being conducted with a view to the appointment of Hanson to the Famous Players circuit. Hanson had operated the subsidiary Ontario group of theatres for some years until his resignation last Spring as president of which had been known as Hanson Theatres Corp. WB Salesman Resigns Philadelphia, Oct. 2. — Harry F. Bachman, local Warner salesman in the Scranton, Pa., territory, resigned today to return to Washington where he will manage the Circle Theatre. The vacancy will be filled by Ben Bache. Named PRC Salesman Albany, Oct. 2. — Sam Milberg. formerly a Republic salesman and now operating the Ritz, Scotia, has been appointed salesman for Produc- ers Releasing Corp. and will travel out of Albanv. iJun. October 3, 1^41 Motion Picture Daily i ank In RAF' Leads nth S78,500 Week; )awn' Big at Para. {Continued from page 1) was replaced vesterdav by Univer- l's "It Started" With Eve." At the Itrand, "The Maltese Falcon" opens day with Jan Savitt's orchestra, suc- nding the two-week stand of "Navy s" and Eddie Duchin's orchestra, tter show's final week tally is ...Tated at $34,000. "Honky Tonk" opened at the Cap- bl yesterday following "Lady Be iod," which had a second week esti- i.ted at $14,500. Tanks a Million," Hal Roach's treamlined feature." which runs 50 inutes, will play the Criterion be- aming Oct. 9 on a single feature a sis, it was disclosed yesterday. Tow Green Is My Valley." 20th Cen- try-Fox film, is scheduled to open at •e Rivoli Oct. 23. TATEMENT OF THE OWNERSHIP. M \ V AGEMEXT. CIRCULATION. " ETC REQUIRED BY THE ACTS OF CONGRESS OF AUGUST 24, 1912, AND MARCH 3. 1933 f Motion Picture Daily^ published daily, vept Saturdays, Sundays and holidays. New York, N. Y., for Oct. 1. 1941. ate of New York ) junty of New York J "•• Before me, a Notary Public in and for t State and county aforesaid, personally nieared Theo. J. Sullivan, who, having bea duly sworn according to law. deposes il says that he is the Business Manager the Motion Picture Daily and that e following is. to the best of his knowledge id belief, a true statement of the owner- lip, management, etc., of the aforesaid jblication for the date shown in the above iption, required by the Act of August 24, >':2, as amended by the Act of March 3, •••3, embodied in section 537. Postal Laws id Regulations, printed on the reverse this form, to wit: :. That the names and addresses of the iblisher. editor, managing editor, and busi- es managers are: Publisher and Editor- Chief, Martin Quigley, 1270 Sixth Ave Review ue, ixth N. Y. City. Editor. Sam Shain, 1270 Avenue, N. Y. City; Managing (iitor. Alfred Finestone. 1270 Sixth Ave- je. N. Y. City; Business Manager. Theo. Sullivan. 1270 Sixth Avenue, N. Y. City. 2. That the owner is: Quigley Publishing cmpany. Inc., 1270 Sixth Avenue, N. Y. itv; Martin J. Quigley. 1270 Sixth Avenue. . V. City : Gertrude S. Quigley. 1270 Sixth venue. N. Y. City; Martin S. Quigley. TO Sixth Avenue. N. Y. City; Colvin W. rown, 1270 Sixth Avenue, N. Y. City. That the known bondholders, mort- igees, and other security holders owning - holding 1 per cent or more of total nount of bonds, mortgages, or other se- irities are: None. 4. That the two paragraphs next above, iving the names of the owners, stock- elders, and security holders, if any, con- lin not only the list of stockholders and •curity holders as they appear upon the :oks of the company but also, in cases here the stockholder or security holder i pears upon the books of the company- 's trustee or in any other fiduciary rela- on. the name of the person or corporation ;r whom such trustee is acting, is given; lio that the said two paragraphs contain tatements embracing affiant's full knowl- dge and belief as to the circumstances and onditions under which stockholders and ecurity holders who do not appear upon he books of the company as trustees, hold txli and securities in a capacity other fan that of a bona fide owner; and this tfiant has no reason to believe that any ther person, association, or corporation has nj interest direct or indirect in the said (lock, bonds, or other securities than as so tated by him. 5, That the average number of copies of ach issue of this publication sold or dis- ributed. through the mails or otherwise, j paid subscribers during the twelve icnths preceding the date shown above is s.227. Theo. J. Sullivan Business Manager. Sworn to and subscribed before me this ?th day of September, 1941. Anna Milbert, (seal) Notary Public N. Y. Co. No. 210. Reg. No. 2M401. 'My commission expires March 30. 1942). "Sailors on Leave" (Republic— 1941-'42 Release) ' | 'HIS is a story of a sailor who hates women in general and a *■ lovely night club signer who hates sailors in particular. William Lundigan is the sailor and Shirley Ross, the girl. Although the com- plications which ensue are familiar enough, the dialogue is spiced with a number of lively lines and Cliff Nazarro amuses with his double- talk. Lundigan, inspired by his shipmates, Nazarro and Chick Chandler, sells "shares" in an inheritance he is to get if he marries before a certain date. As the deadline draws near, the entire fleet has a financial >take in the marriage. Lundigan pretends to fall in love with Miss Ross, certain that his courtship will be futile. She, however, is intrigued by his novel efforts to escape every time he is alone with her, and finally falls in love with him. Lundigan tries to effect an escape by having Miss Ross jailed but the sailors insist that he marry the first girl available. Everything ends happily, how- ever, when Lundigan succeeds in stalling the marriage beyond the deadline, finally marries Miss Ross and pays off the fleet with money recovered as a reward for a stolen bracelet which manages to insinuate itself into the plot. Albert S. Rogell directed to make the most of a weak story. Albert Cohen produced. Running time. 71 minutes. "A."* Edward Greif *"A" denotes adult classification. 'Jordan' Is Detroit Cleve. Grosses Up, Top With 'Harmon' Detroit. Oct. 2. — The wekend personal appearance of Evelyn Keyes, in "Here Comes Mr. Jordan." and Tom Harmon, star of "Harmon of Michigan," helped the Fox gross S20,- 000 with the dual bill. The Michigan took $14,000 with "Manpower" and "The Reluctant Dragon." Estimated receipts for the week ending Sept. 25 : "Sup Valley Serenade" (20th-Fox) "Mv<-terv Ship" (Col.) ADAMS— (1,600) (15c-39c-44c-55c) 7 days. Gross: $9,000. (Average. $5,500) "They Met in Bombay" (M-G-M) "Cheers for Miss Bishop" (U. A.) FISHER— (2,700) (15c -39c -44c -55c) 7 days. Gross: S6.800. (Average, $7,000) "Here Comes Mr. Jordan" (Col.) "Harmon of Michigan" (Col.) FOX — (5.000) (20c-44c-55c-65c) 7 days. Gross: $20,000. (Average. $15,000) "Manpower" (W. B.) "The Reluctant Dragon" (RKO) MI CHIG AN— (4.000) ( 1 5c - 39c - 44c - 55c -65c) 7 days. Gross: $14,000. (Average. $12,010) "Dive Bomber" (W. B.) "Father Steps Out" (Mono.) PALMS— (2,000) (25c-39c-44c-55c) 7 days. Gross: $8,500. (Average. $7,000) "Lady Be Good" (M-G-M) "Down in San Diego" (M-G-M) UNITED ARTISTS— (2.800) (20c-39c-44c- 55c) 7 davs. Gross: $12,000. (Average. $10,000) 'Ladies' 'Sun' Strong Cleveland, Oct. 2.— George White's "Scandals" helped "Smiling Ghost" score $18,000 at RKO Palace, which led for the third straight week since the reopening of its vaudeville season. "When Ladies Meet" gave Loew's State $13,500 and "Sun Valley Sere- nade" attracted a like amount to War- ners' Hippodrome as all houses went over average. Estimated receipts for the week ending Sept. 25-26: "Dive Bcmber" (W. B.) ALLEN— (3,000) (33c -39c -47c) 7 days, 3rd week. Gross: $4,500. (Average, $4,000) "Sun Valley Serenade" (ZOth-Fox) WARNERS' HIPPODROME — (3,800) (33c-39c-47c) 7 days. Gross: $13,500. (Aver- age. $11,000) "Smiling Ghost" (W. B.) RKO PALACE— (3,100) (33c-47c-55c) Gecrge White's "Scandals" on stage. 7 days. Gross: $18,000. (Average, $13,500) "When Lrdies Meet" (M-G-M) LOEW'S STATE— (3,500) (33c-39c-47c) 7 days. Gross: $13,500. (Average, $11,000 "Aloma of the South Seas" (Para.) LOEW'S STILLMAN— (1,900) (33c-39c- 47c) 7 days. 2nd week. Gross: $4,500. (Av- erage, $4,000) 'Aloma' Tallies Neat $15,000 in Baltimore Baltimore, Oct. 2. — Business showed some improvement. "Aloma of the South Seas" tallied $15,000 at the Stanley. "Our Wife" and a stage show took $16,000 at the Hippodrome. Estimated receipts for the week end- ing Sept. 25 : "Lady Be Good" (M-G-M) CENTURY — (3.000) (28c-44c) 7 days. Gross: $12,500. (Average. $10,000) "Unfinished Business" (Univ.) KEITH'S— (2.406) (15c-28c-33c-44c )7 days, 2nd week. Gross: $10,000. (Average, $9,000) "Belle Starr" (20th-Fox) NEW— (1.581) (15c-28c-35c-55c) 7 days. Gross: $9,000. (Average. $7,000) "Aloma of the South Seas" (Para.) STANLEY— (3.280) (15c-28c-39c-44c-55c) 7 days. Gross: $15,000. (Average. $12,000) "Our Wife" (Col.) HIPPODROME — (2,205) (15c-28c-39c-44c- 55c-66c) 7 days. Stage show with "Miss America" in person; Lew White, as M.C., and three other acts. Gross: $16,000. (Average. $14,000) 'Jordan' at $10,200 Good in Pittsburgh Pittsburgh, Oct. 2. — In a slow week the Senator drew $10,200 with "Here Comes Mr. Jordan," and a holdover of "Sun Valley Serenade" at the Fulton took $5,500. Estimated receipts for the week end- ing Sept. 26: "Sun Valley Serenade" (ZOth-Fox) FULTON— (1,700) (30c-50c) 7 days, 2nd week. Gross: $5,500. (Average, $5,000) "Aloma of the South Seas" (Para.) LOEW'S PENN— (3,400) (28c-39c-55c) 7 days. Gross: $11,500. (Average. $13,000) "Dive Bomber" (W.B.) RITZ— (800) (28c-39c-55c) 7 days. 3rd week. Gross: $2,300. (Average, $3,000) "Here Comes Mr. Jordan" (Col.) SENATOR— (1,800) (28c-39c-55c) 7 days. Gross: $10,200. (Average, $5,000) "Father Takes a Wife" (RKO) STANLEY— (3,600) (28c-44c-66c) 7 days. On Stage: Vaughn Monroe's orchestra, Anita Louise, Joe and Jane McKenna, Trixie. Gross: $19,000. (Average, $18,000) "When Ladies Meet" (M-G-M) WARNER— (2,000) (28c-39c-55c) 7 days. 2nd week. Gross: $5,400. (Average, $5,000) 'Belle Starr' Hits $17,500, Frisco Best San FranciscOj Oct. 2. — "Belle Starr" paired with "Charlie Chan in Rio" drew $17,500 at the Fox. Estimated receipts for the week ending Sept. 23-25 : "My Life With Caroline" (RKO) GOLDEN GATE— (2,850) (35c-40c-55c) 7 days. Stage: vaudeville. Gross: $16,500. (Average, $15,000) "Major Barbara" (U.A.) UNITED ARTISTS — (1,200) (35c-40c-50c) 7 days, 2nd week. Gross: $6,800. (Average, $8,000) "Our Wife" (Col.) "Cracked Nuts" (Univ.) ORPHEUM— (2,440) (15c-35c-40c-50c) 7 days. Gross: $8,800. (Average, $8,000) "When Ladies Meet" (M-G-M) "Whistling in the Dark" (M-G-M) PARAMOUNT — (2,740) (15c-35c-40c-50c) 7 days, 3rd week. Gross: $9,500. (Average, $11,500) "Belle Starr" (20th-Fox) "Charlie Chan in Rio" (ZOth-Fox) FOX— (5,000) (15c-35c-40c-50c) 7 days. Gross: $17,500. (Average, $16,000) "Dr. Jekyll and Mr. Hyde" (M-G-M) "Down in San Diego" (M-G-M) ST. FRANCIS— (1,400) (15c-35c-40c-50c) 7 days, 3rd week (moved over from Fox). Gross: $6,200. (Average, $6,000) "Kukan" (State Rights) CLAY— (400) (15c-35c-45c) 7 days, 8th week. (Gross: $900. (Average, $1,000) "Lady Be Good" (M-G-M) "Bullets for O'Hara" (W.B.) WARFIELD— (2,680) (15c-35c-40c-50c) 7 days, 2nd week. Gross: $10,000. (Average, $12,000) 'Kildare,' Dorsey $23,200 in Buffalo Buffalo, Oct. 2. — "Dr. Kildare's Wedding Day" and Tommy Dorsey and his orchestra on the stage drew a big $23,200 at the Buffalo. Estimated receipts for the week end- ing Sept. 27 : "Dr. Kildare's Wedding Day" (M-G-M) BUFFALO — (3,489) (35c-55c) 7 days. Tommy Dorsey and his orchestra on stage, with Frank Sinatra, Buddy Rich, Ziggy Elman, Connie Haines, The Pied Pipers, Paul Winchell and the Condos Brothers. Gross: $23,200. (Average, $12,000) "Dive Bomber" (W.B.) "Charlie Chan in. Rio" (ZOth-Fox) GREAT LAKES— (3,000) (35c-55c) 7 days, 2nd week. Gross: $7,900. (Average, $7,500) "Sun Valley Serenade' (2flth-Fox) "Down in San Diego" (M-G-M) HIPPODROME— (2,100) (30c-50c) 7 days, 2nd week. Gross: $6,800. (Average, $6,800) "The Little Foxes" (RKO) TWENTIETH CENTURY— (3,000) (35c- 55c) 7 days. Gross: $10,000) (Average, $7,500) "Our Wife" (Col.) "Ellery Queen and the Perfect Crime" (Col.) LAFAYETTE— (3,000) (30c-44c) 7 days. Gross: $6,300. (Average, $6,300) 'Serenade' $11,000 Indianapolis Lead Indianapolis, Oct. 2. — "Sun Val- ley Serenade" did $11,000 at the In- diana. "Dressed to Kill" shared the bill with it. The weather was warm. Estimated receipts for the week end- ing Sept. 26: "Unfinished Business" (Univ.) "Moonlight in Hawaii" (Univ.) CIRCLE— (2,800) (28c-33c-44c) 7 days. Gross: $7,300. (Average, $6,500) "Sun Valley Serenade" (ZOth-Fox) "Dressed to Kill" (20th-Fox) INDIANA— (3,200) (28c-33c-44c) 7 days. Gross: $11,000. (Average, $7,000) "Lady Be Good" (M-G-M) "Tillie the Toiler" (Col.) LOEW'S— (2,800 (28c-33c-44c) 7 days. Gross: $8,300. (Average, $8,000) "Citizen Kane" (RKO) "Scattergood Baines Meets Broad-way" (RKO) LYRIC— (2,000) (28c-33c-44c) 7 days, 2nd week. Gross: $3,000. (Average, $5,500) MISC. Reglar Fellers 125 (PRC) Sarah Padden (1940-41) Dangerous Lady 115 (PRC) N. Hamilton (1940-41) Jungle Man 126 (PRC) Buster Crabbe (1941-42) Hard Guy 205 (PRC) Jack LaRue (1941-42) Billy the Kid Wanted 257 (PRC) Buster Crabbe (1940-41) Mr. Celebrity 114 (PRC) Joseph Seary (1941-42) Lone Rider Fights Back 168 (PRC) George Houston (1941-42) Miracle Kid 213 (PRC) Vicki Lester Tom Neal WARNERS Smiling Ghost (C) 102 Wayne Morris (1941-42) Navy Blues (M) 103 Anne Sheridan (1941-42) Nine Lives Are Not Enough (D) 104 (1941-42) Sergeant York (D) 101 Gary Cooper (1941-42) Law of the Tropics (D) 105 C. Bennett (1941-42) International Squadron (D) 106 Ronald Reagan UNIVERSAL Badlands of Dakota (O) (1941-42) Man from Montana (O) 6061 (1941-42) Unfinished Business (C) Irene Dunne (1941-42) Sing Another Chorus (M) Kid from Kansas (D) A Girl Must Live (D) (All 1941-42) It Started With Eve (M) Deanna Durbin (1941-42) Mob Town (D) Dead End Kids Tough Guys Never Give a Sucker An Even Break (C) W. C. Fields (1941-42) Burma Convoy (D) South of Tahiti (D) (1941-42) Flying Cadets (D) W illiam Gargan Edmund Lozve (1941-42) Appointment for Love (D) Charles Boyer M. Sullavan (1941-42) Hellzapoppin* (C) Olsen-Johnson (1941-42) Paris Calling (D) Scott-Bergner (1941-42) oe / U -a _ ♦ 4> — *r o 5 ~ " o 2 « — '5 < Major Barbara (D) Tanks A MiUion (C) (Streamliner) (1941-42) International Lady (D) George Brent Ilona Massey (1941-42) Lydia (D) Merle Oberon Alan Marshal (1941-42) New Wine (M) Horn Massey Alan Curtis (1941-42) /-s^-n; Q ..ii slip Sundown (D) Gene Tierney Bruce Cabot 20TH-FOX Charlie Chan in Rio (D) 206 Sidney Toler (1941-42) Belle Starr (D) 207 Gene Tierney R. Scott (1941-42) We Go Fast (D) 208 Lynn Bari (1941-42) Last of the Duanes (O) 209 Man at Large (D) 210 f 1941-42) A Yank in the R.A.F. (D) 211 Power-Grable (1941-42) Great Guns (C) 212 Riders of the Purple Sage (1941-42) Weekend in Havana (M) 214 Faye-Miranda n Q41.42) RKO RADIO Citizen Kane (D) 201 Orson Welles (1941-42) Parachute Battalion (D) 202 (1941-42) Lady Scarface (D) 203 Judith Anderson (1941-42) Father Takes a Wife (C) 204 Menjou-Swanson (1941-42) Bandit Trail (O) 281 Tim Holt (1941-42) All That Money Can Buy (D) 205 Amold-Huston (1941-42) Gay Falcon (D) George Sanders 206 (1941-42) Dumbo (Disney Feature) 293 (1941-42) Unexpected Uncle (C) Chas. Coburn Anne Shirley (1941-42) Suspicion (D) 208 Cary Grant Joan Fontaine (1941-42) Look Who's Laughing (C) Edqar Bergen McGee & Molly (1941-42) REPUBLIC Bad Man of Deadwood (O) 058 (1940-41) Outlaws of Cherokee Trail (O) 161 3 Mesquiteers (1941-42) The Apache Kid (O) 171 Don Barry (1941-42) Death Valley Outlaws (O) 172 Don Barry (1941-42) bailors on i_eave (C) 109 Wm. Lundigan Shirley Ross (1941-42) Tilt T„1 ] (D) 110 Ray Middleton Gloria Dixon (1941-42) Down Mexico Way (O) 042 Jesse James at Bay (O) (1941-42) Gauchos of Eldorado (O) 162 3 Mesquiteers (1941-42) Public Enemies (D) Philip Terry Wendy Barrie (1941-42) The Devil Pays Off (D) /. E. Brombcrg (1941-42) Sierra Sue (O) 143 Gene Autry Smiley Burnette (1941-42) PARA. Hold Back the Dawn (D) 4103 Charles Boyer (1941-42) Buy Me That Town (D) 4102 Lloyd Nolan (1941-42) Nothing But the Truth (C) 4101 Bob Hope (1941-42) Henry Aldrich for President (C) 4104 Jimmy Lydon (1941-42) New York Town (D) 4105 F. MacMurray Mary Martin (1941-42) Skylark (C) C. Colbert Ray Milland (1941-42) MONO. Gentleman from Dixie (D) Jack LaRue (1941-42) Let's Go Collegiate (D) Frankie Darro (1941-42) The Driftin' Kid (O) Tom Keene (1940-41) Gun Man From Bodie (O) Buck Jones (1941-42) Stolen Paradise (D) Leon Janney (1941-42) Tonto Basin Outlaws (O) Range Busters (1941-42) Top Sergeant Mulligan (D) (1941-42) Spooks Run Wild (D) Bela Lugosi (1941-42) Here Come the Marines (D) Wallace Ford (1941-42) M-G-M (1941-42 Releases) Lady Be Good (M) 202 Ann So them Robert Young Dr. Jekyll and Mr. Hyde (D) 201 Spencer Tracy Lana Turner Down in San Diego (D) 203 B. Granville Dan Dailey, Jr. Honky Tonk (D) 204 Clark Gable Lana Turner Married Bachelor (C) 205 Robert Young Ruth Hussey Smilin' Through (M) 206 /. MacDonald Gene Raymond Feminine Touch (C) 207 R. Russell Don Ameche COLUMBIA Mystery Ship (D) Paul Kelly (1941-42) Harmon of Michigan (D) Tommy Harmon (1941-42) Prairie Stranger (O) 2005 (1940-41) Ladies in Retirement (D) (1941-42) You'll Never Get Rich (M) Fred Astaire (1940-41) Two Latins from Manhattan (M) Jinx Falkcnbcrg (1941-42) Texas (O) Wm. Holden Claire Trevor (1941-42) Blonde from Singapore (D) Roaring Frontiers (O) (1941-42) 3 Girls About Town (C) Joan Blondell Binnie Barnes (1941-42) You Belong to Me (C) B. Stanrvyck Henry Fonda (1941-42) The Stork Pays Off (C) M. Rosenbloom Rochelle Hudson (1941-42) Secrets of the Lone Wolf (D) Warren William (1941-42) The Men in Her Life (D) Loretta Young Conrad Veidt (1941-42) « CO A, N ) p members of Columbia's sales organiza- tion from the home office and 15 Midi western and Southern exchanges will attend the company's three-day re-* gional sales meeting opening here to-r morrow. / • 1 Those scheduled to attend in *f? ' P tion to the home office delegatioi headed by Abe Montague, genera sales manager, announced earlier, in elude the following from the field or ganization : Chicago: Phil Dunas, C. W. Phillips, T I Greenwood, F. Flaherty, M. Delano, W. J r Kahl; Minneapolis: H. J. Chapman, M E. Mazur, I. Marks, D. H. Conley, M. W Sgutt, A. L. Aved, W. Evidon; Omaha. '\ J. H. Jacobs, E. Dunas, J. Zide, R. Adlert M. Shackelford; Milwaukee: O. J. Ruby J T. J. MacEvoy, S. R. Chapman, D. V Chapman; Des Moines: M. H. Evidon. A B. Leake. M. Goodman, O. Miller. H. B Thomas; Detroit: Carl Shalit, H. R| Schilds, R. F. Cloud, G. L. McCoy. C. H Townsend, C. Baker. Indianapolis: W. G. Craig, H. Kaufman C. Butler, A. J. Gelman, L. Shubnell, I Hanover; St. Louis: C. D. Hill. L. A LaPlante. J. Bradford, C. Ferris, R. Mor tensen, D. E. Pratt; Kansas City: B. C Marcus, T. Baldwin, Stanley Goldberg, H S. Stulz, S. Frank, I. Altshuler; Atlanta S. Moscow, R. J. Ingram, B. A. Wallace U. T. Koch, A. Rook, J. S. Laird; Mem phis: J. J. Rogers, H. Christman. E. P Doherty, C. Kornegay; New Orleans: H Duvall, J. Winberry, J. J. Fabacher anc R. A. Kelly; Dallas: J. B. Underwood H. Craver, W. L. Penn, J. L. McKinnev A. M. Whitcher, O. L. Wilkes. F. J Barry; Oklahoma City: C. A. Gibbs, J. A Smith, S. Gibbs, J. P. Hudgens; Charlotte J. Gins, G. Roscoe, R. D. Williamson. C Patterson. 'Ladies' and 'Jordan' Capture Mpls. Lead Minneapolis, Oct. 2. — "Here Comes Mr. Jordan" at the Orpheum and "When Ladies Meet" at the State were the box office leaders here this week, taking $8,500 and $9,000, re- spectively. Estimated receipts for the week Sept. 26-27: "Dance Hall" (Fox) GOPHER — (998) (28c) 7 days. Gross $2,400. (Average, $2,500) "Three Cockeyed Sailors" (U. A.) WORLD — (350) (28c-39c-44c-55c) 7 days. Gross: $1,200. (Average, $1,600) "Here Conies Mr. Jordan" (Col.) ORPHEUM — (2,800) (28c-39c-44c) 7 daysrf..- Gross: $8,500. (Average. $5,500) "Hold That Ghost" (Univ.) CEXTURY— (1,600) (28c-39c-44c) 7 days 2nd week. Gross: $6,500. (Average. $4.000 1 "When Ladies Meet" (M-G-M) STATE — (2,300) (28c-39c-44c) 7 days. Gross: $9,000. (Average. $6,000) "Three Sons O' Guns" (W. B.) 3 days "Very Young Lady" (Fox) 3 days "A Dangerous Game" (Univ.) 4 days "They Meet Again" (RKO) 4 days ASTER— (900) (15c -28c) 7 davs. Gross: $1,700. (Average, $1,800) 0 Ernst Warns FCC on Link of Press, Radio (Continued from page 1) trol over the air, he had even great- er fear of Government ownership of. radio. Ernst said that radio stations gen-^ erally refused to accept controversial programs on what he described as "the time-worn excuse that they were libelous or smacked of scandal." Charging that there was a domination of radio by advertising, he urged that some means be found through which the FCC would have some power over program material. I TAIert, ntelligen o theN^gtion Picture industry MOTION PICTURE DAILY First in 50. NO. 68 NEW YORK, U.S.A., MONDAY, OCTOBER 6, 1941 TEN CENTS Jrowne, Bioff Trial Begins )n Wednesday i ATSE Leaders Indicted Under Racket Law ■ Trial of George Browne, presi- dent of the IATSE, and William ■lioff, Hollywood leader of the • lion, in the U. S. District Court ire on Federal anti-racketeering .urges is scheduled to begin Wed- tsday, it was reported in trade acles yesterday. Originally sched- Scd to open today, it is now stated at the trial has been put off two ivs because of the illness of the residing judge. Browne and Bioff 'me charged with extorting about i50,000 from four major film •mpanies under threats of strike. ' ' Subpoenas were served re- cently on major company exec- utives and studio labor leaders, J ordering them to appear to tes- tify for the Government in the (Continued on paye 4) lustoms Examining 411 Imported Films I Every foot of film brought to this untry from abroad, regardless of t-.jigin, is being examined by U. S. jstoms officials at ports of entry, it is learned over the weekend. ci Louis Jackson, president of Anglo- nerican Films, Ltd., who is here " >m London to set distribution deals r 15 Rook Studio productions, dis- Dsed that the local Customs office s released only one of the pictures the first week that prints have been ' the possession of the office. The :ture approved is "Pimpernel nith," starring Leslie Howard, lich Jackson screened for local dis- {(Imtion officials over the weekend d then forwarded to Hollywood. Epidemic Brings Ban In Camden Children | Camden, N. J., Oct. 5.— Until the - lantile paralysis danger here sub1 j 'lies, the Warner Circuit and the in- , ' pendent Victoria Amusement Co. iffcuit announce they will voluntarily jtlfuse admission to children under 15 tr-ars. The Board of Education will k other theatres to do likewise. Selznick Concludes New United Artists Deal; May Buy Stock Hollywood, Oct. 5. — David O. Selznick today rejoined United Artists. The producer signed an agree- ment which em- bodies new ar- rangements un- der which he may elect to be- come a stock- holder in the company. It is also stated that under these n e w arrange- ments, Selznick must receive certain produc- tion financing. The contract, under the terms .if which Selz- nick wiU make from two to four pic- tures for United Artists, is one of the longest on record. Negotiation of the terms has been going on for several months. Edward Raftery of the New York law firm of O'Brien, Driscoll and (Continued on pane 4) David <>. Selznick Mexico Strike Peace Is Near, N. Y. Hears Home office foreign department of- ficials were advised late Saturday by their Mexico City representatives that a settlement of the Mexican film em- ployes' strike was imminent and that there was an excellent possibility of an agreement before Sunday midnight when the three distributors still oper- ating in Mexico were scheduled to stop film service to theatres. The stoppage would be in accord with the 30-day notice given theatres by the distributors last month in com- pliance with exhibition contracts and (Continued on paye 4) Lehman Corp. Shows Holdings in Films Three film company stocks are among the shares held in the port- folio of the Lehman Corp., one of the largest investment trusts, a report of that company as of Sept. 30, shows. Robert Lehman is president of the corporation. The motion picture stocks are Paramount, 2,200 common; War- ner Bros., 10,000 common ; and RKO, 1,600 preferred. Chicago Exhibitors Discuss Scale Rise Chicago, Oct. 5. — Indepen- dent exhibitors in Chicago and surrounding territory are are discussing the possibility of increasing admissions in view of the new Federal tax. At an Illinois Allied meeting Friday some exhibitors sug- gested increasing scales from 15 cents plus two cents tax to 18 cents plus the tax, while 20-cent houses would increase to 25 cents, including two cents tax. The matter is to be discussed further. J. E. Flynn, M-G-M district manager, addressed Friday's meeting on M-G-M's sales policy. Senate Probe Is Postponed To October 13 Washington, Oct. 5. — Further hearings in the motion picture propaganda probe being conducted by a subcommittee of the Senate have been postponed until Oct. 13. Chairman D. Worth Clark of the subcommittee in a CBS radio address Saturday night said that radio was "eminently fair" but declared that the si bcommittee has "procured evidence" that the film industry is a monopoly, although the extent to which war propaganda lias been utilized in films is undetermined, lie said. The Clark- Nye subcommittee has not yet in- quired into war propaganda in radio although under the resolution by which it was created that was one of its specific purposes. Last night, an overflow rally of the Fight for Freedom, Inc., attended by 20,000 persons at Madison Square Garden under the auspices of the Screen, Stage and Arts division of that group, confirmed unanimously Actors' Equity resolution calling for immediate dissolution of the Nye- Clark subcommittee. Wendell Willkie presided at the meeting. On the pro- gram were Helen Hayes, Lynn Fon- tanne, Albert Spalding, Ella Logan, Eddie Cantor, Burgess Meredith, Jack Benny, Tallulah Bankhead, George Jessel, Ethel Merman, Jan Kiepura, Bill Robinson, Carmen Miranda, and Commentators Wythe Williams, Major George Fielding Eliot, George Hamilton Coombs and Johannes Steel. Minn. Anti-5 Statute Held Constitutional Appeal by Six Companies Believed Certain St. Paul, Oct. 5. — Judge Hugo O. Hanft, in Ramsey County Dis- trict Court here yesterday, upheld constitutionality of the Minnesota anti-block-of-five law and denied a petition by six major film com- panies for a temporary injunction to halt its enforcement. It was considered a virtual certainty that the decision would be appealed to the State Supreme Court, and, if neces- sary, to the United States Supreme Court. In a 29-page memorandum Judge Hanft said that 10 or 20 years ago the law might have been unconstitu- tional, but that in the light of economic and social change, it must be ruled valid. Allied Theatre Owners of the Nothwest hailed the decision as a "signal victory" and called a meeting of its Legislative Committee for to- morrow, when it is expected the com- mittee will demand that the majors seek relief from the consent decree (Continued on paye 4) Scout Reports of 4U'-Nathanson Split Toronto, Oct. 5. — Empire-Univer- sal Films, Ltd., may lose the Universal Pictures franchise for Canada, it is reported here following the resigna- tion of Oscar R. Hanson as president of the company. Empire-Universal is an N. L. Nathanson distributing com- pany. F. J. A. McCarthy, Universal's Canadian sales manager, has been here (Continued on paye 4) 'Valley' May Be Sold Singly or Roadshown Hollywood, Oct. 5. — Indications that 20th Century-Fox may sell "How Green Was My Valley" singly as a roadshow attraction or as a block of one at advanced rentals were seen Friday in the announcement that an experimental run of the picture would start Oct. 23 at the Rivoli in New York at advanced prices. The Oct. 23 date is ahead of any release date con- templated for the film, it was said. 2 Motion Picture Daily Monday, October 6, 1 Personal Mention Britain May Defer Theatre Usherettes London, Oct. 5. — An amic- able solution of the labor problem of British exhibitors is seen in the willingness of authorities here to accept trade committee recommend- ations for the cancellation or deferment of Government ser- vice for girl ushers, on the plea of exhibitors. The move, started here, is seen by ob- servers as a highly successful method of meeting the prob- lem. Mich. Allied Opens Convention Today Detroit, Oct. 5. — Allied Theatres of Michigan will hold its 22nd annual convention beginning tomorrow for three days at the Hotel Book-Cadillac here. A vote is to be taken on national Allied's joint conference pro- posal. Abram F. Myers, Allied States chairman, and other leaders are scheduled to address the gathering. The new Federal admissions tax and operations under the industry consent decree will be other topics for discussion. Ray J. Branch, presi- dent, of Hastings, Mich., will have charge of the meeting. Officials expect an attendance of more than 100 exhibitors. The open- ing event is a dinner meeting of the board tomorrow evening. The first general business session will be Tues- day afternoon. Sessions, including the election of officers, will be held Wednesday morning and afternoon, with the annual banquet in the even- ing. Following the banquet the dele- gates will be guests at a Variety Club party at the hotel. RKO Sets Interstate And St, Louis Deals RKO has closed a deal with St. Louis Amusement Co. for its first two blocks of new season features, and with Interstate Circuit of Texas for the first block, Ned E. Depinet, dis- tribution head, has announced. A total of 39 houses is included in the St. Louis Amusement deal, nego- tiated by A. W. Smith, Jr., sales man- ager, and Cresson E. Smith, Western sales manager, for RKO and Harry Arthur for the circuit. The Interstate deal, involving 150 Texas houses, was negotiated by Sol Sachs, RKO Dallas manager. Wobber Plans Tour Of All Exchanges Herman Wobber, general manager of distribution for 20th Century-Fox, now on the Coast, is expected to leave from there about the middle of this month on a tour of all exchanges of the company. He plans to spend at least a day in each city, it was said. The trip, his first such tour in about a year, will require about five weeks and will wind up in New York. Mallard in Own Practice William Mallard, formerly general counsel for RKO, has opened an office for the general practice of law at 60 Broadway, OSCAR MORGAN, . Paramount short subject sales head, left Friday for Kansas City, Cleveland and Toronto. He was accompanied by Monroe Goodman, his assistant. Manny Reiner, Paramount short subject publicity director, left Satur- day for Toronto. • Phil Reisman, RKO foreign dis- tribution manager, has returned from a Latin American trip. • Rosalind Terker has announced her engagement to Budd Getschal of Paramount's exploitation staff. • Norman H. Moray, short subjects sales head for Warners, has gone to the Coast for a week's visit prior to a tour of exchanges. He is scheduled to return here next month. Music Hall Is Host At Party for Koster Radio City Music Hall officials were hosts to Henry Koster, director of Universal's "It Started With Eve," at a cocktail party in the Music Hall studio apartment on Friday. Among those present were : Nate J. Blumberg, Gus Eyssell, J. Cheever Cowdin, Charles D. Prutzman, J. J. O'Connor, Damon Runyon, J. H. Seidelman, Sam Shain, John Joseph, Lou Pollock, J. J. Jordan, B. B. Kreisler, Dan Kelley, Fred L. Lynch, Morris Alin, Larney Goodkind, Fred Meyers, Anthony Petti, Ruth Mor- row, Dave Garber and Mrs. Garber, C. C. Margon, Kelcey Allen, Lester Grady, Len Golos, Fortunat Baronat, Henry Linet, Marion Orford, Adolph Schimel, A. J. Sharick and C. R. Kirby. Warner Bros. Drops 8 Scheduled Films Hollywood, Oct. 5. — Warner Bros, over the weekend announced the elim- ination of eight pictures which were previously planned for the new season. These are "Kickoff," "Night Warn- ing," "Across the Atlantic," "For- tunes of Mamie Q," "Murder with Music," "Three of a Kind," "The Black Gate" and "Man Killer." It was explained that the eight pictures had been planned as low budget films. Birdwell in London Russell Birdwell has arrived in London for a stay of five or six weeks on personal business. He went across on a British bomber. EARL HUDSON, president of United Detroit Theatres, and Jack Keegan were in town last week. • Mr. and Mrs. Murray Silverstone left for the Coast on Saturday by train. • John Moroney of Dallas is a New York visitor. • Larry Schanberger, owner and manager of Keith's, Baltimore, is in town. • Dave Biedermaxn returned to Bev- erly Hills over the weekend. • Norman Clark, film critic for the Baltimore News-Post, visited in Nor- folk over the weekend. Para. Partners Hold Impromptu Session A group of Paramount theatre part- ners in town primarily to attend the world's series held an impromptu business meeting at the Paramount home office at the weekend. Among those attending the confer- ences held with Barney Balaban. Paramount president, and Leonard Goldenson, head of theatre operations, were R. J. O'Donnell of Interstate Circuit, Martin Mullin and Sam Pi- nanski of M & P Theatres, Hunter Perry of Virginia, and A. H. Blank and Ralph Branton of Tri-States Theatres. I A Unions Resume Pact Talks Today The IATSE studio unions will re- sume negotiations today with produc- ers' labor representatives at the offices of Pat Casey following a recess in the negotiations since last Tuesday. In the interim, the producers' repre- sentatives have been studying the vari- ous demands of the studio locals and have prepared counter proposals and specific responses to those demands. The replies will be submitted to the locals' representatives beginning with today's meeting. Casanave Opens Office Charles L. Casanave, formerly vice- president and general manager of Na- tional Screen Accessories, has opened offices in the Bank of Manhattan Building, according to an announce- ment. He stated that he has acquired the rights to a new neon effect sign. Sylvaine Comedy to Open Here Tonight ' "All Men Are Alike," a new ! comedy by Vernon Sylvaine, opens at the Hudson tonight * with Bobby Clark and Regin- ald Denny in the top roles. 1 Lee Ephraim is the producer » and Harry Wagstaff Gribble the director. No Early Closing r Seen in Engldn] London, Oct. 5. — Despite plans f joint industry-Government discussio over a proposed film theatre curb it is understood any sudden move the Government affecting all theatr in the country is unlikely. Following the postponement of proposed conference between the Cir matograph Exhibitors Association a the Ministry of Transport, the CP now indicates it will go directly to t Prime Minister. However, it is 1: lieved the Home Office will not set j a general curfew. It is indicated til Government will warn local authofll ties which have set early closing houil that such action is considered hasty J the Government. Officials in the Mitf lands have ordered theatres to clol at 7 P.M. beginning next month. Associated British Net Equals $770,0C London, Oct. 5. — Associated Briti Pictures has reported for the yej ended March 31, last, operating pro of £1,427.157 (approximately $5,70' 000), which is an increase of abo. $25,000 over last year. Net profit f the most recent period was £192,2 (approximately $770,000). No coi mon dividend was declared. Wisconsin ITPA To Meet on Nov. Milwaukee, Oct. 5.— The ITP of Wisconsin has set Nov. 4 and as the dates for its annual conventic to be held at the Hotel Schroed here. Charles W. Trampe, Milwa kee, is entertainment chairman for t affair. Bette Davis to Coast Bette Davis, who has been recupe ating at her New Hampshire hon left for California over the weeken MOTION PICTURE DAILY {Registered U. S. Patent Office) Published daily except Saturday. Sunday a holidays by Quigley Publishing Compar Inc., 1270 Sixth Avenue. Rockefeller Cent' New York City. Telephone Circle 7-3 1( Cable address, "Quigpubco. New York." Mi tin Quigley, Editor-in-Chief and Publisht Colvin Brown, Vice-President and Genei Manager; Watterson R. Rothacker. Vic President; Sam Shain, Editor; Alfred Finestone, Managing Editor; James Cron, Advertising Manager; Chicago Bursa 624 South Michigan Avenue, C. B. O'Nei Manager; Hollywood Bureau. Postal Uni Life Building, William R. Weaver, Edito Leon Friedman, Manager; London Burea 4 Golden Square, London Wl ; Hope W Hams, Manager, cable address "Quigpubc London." All contents copyrighted 1941 Quigley Publishing Company, Inc. Oth Quigley publications: Motion Picture Hera] Better Theatres, International Motion P ture Almanac and Fame. Entered as secoj class matter. Sept. 23, 1938, at the pc office at New York. N. Y.. under the act March 3, 1879. Subscription rates per ye $6 in the Americas and $12 foreign. Sins copies 10c. Theatre Authority Ends Free Shows By Union Actors at Military Camps Members of the actors' union affiliated with the Associated Actors and Artistes of America are forbidden to perform without pay at any Army or Navy camp, under an order issued by the Theatre Authority of New York and Hollywood. Alan Corelli, executive secretary of the theatre Authority in the East, stated Saturday that resolutions to that effect have been adopted by both branches. Free shows have been provided at camps under an understanding with Government officials that such a plan would be in effect for an emergency period, but that after a year the Government would provide compensation for the actors. However, he said, nothing has been done. As a result, Corelli stated, the shows at all camps will be on a paying basis. Soldiers at Fort Monmouth, N. J., will pay 10 cents admission beginning tonight. COOPER in "SERGEANT YORK' Walter Brennan • Joan Leslie George Tobias • Stanley Ridges A Howard Hawks Production 0'iq.nal Screen Play by Abem Finlel i Harry Chandlee and Howard Koch J John Huston Based Upon Ihe Diary ol Sergeant tori Produced by JESSE L. IASKY and HAL B. WALLIS Music by Ma« Steiner • A Warner Bros, first Nafl Picture * the fourth of a series of advertisements designed by WARNER BROS, to acquaint the industry with the amazing success of "SERGEANT YORK' IN NASHVILLE, TENN, SERGEANT YORK IN ITS FIRST WEEK GROSSED 82% MORE THAN THE FIGHTING 69w! FOR EVERY DOLLAR THE FIGHTING 69w" GROSSED IN ST LOUIS, SERGEANT YORK" HAS GROSSED $156! IN TWO DAYS IN OSWEGO, N Y, SERGEANT YORK GROSSED MORE THAN ROCKNE DID IN A WEEK! 'SERGEANT YORK' OPENED IN HARTFORD, NEW HAVEN, BRIDGEPORT, WORCESTER, SPRINGFIELD AND IN EACH CASE BROKE ALL-TIME RECORD INCLUDING THOSE OF 'SINGING FOOL' WHICH SEEMED IMPOSSIBLE TO TOP — UNTIL TODAY! (Thanks for the kind words, I. J. Hoffman! We're happy, too!) 4 Motion Picture Daily Monday, October 6, 194 Browne, Bioff Trial Begins On Wednesday (Continued from page 1) action. Among those subpoe- naed were: Nicholas M. Schenck, Loew's; Barney Balaban, Para- mount; W. C. Michel, 20th Cen- tury-Fox; George J. Schaefer, RKO, and Pat Casey and Fred Pelton, producers' labor con- tacts. Labor leaders subpoenaed included : Frank Carothers, William Hutchin- son, Joseph Touhy, Joseph Cambri- anni, Joseph N. Weber, Ed Brown and Walter Redmond. Several postponements of the trial have occurred already. Mathias Cor- rea, United States Attorney for this district, will prosecute the action. Martin Conboy is attorney for Browne. Subsequent to the original Federal Grand Jury indictment obtained by Correa, Browne was ordered by the court to produce books and records of. the IATSE, sought by Correa in the course of the Grand Jury investigation of the union's financial affairs. The Government is trying to trace an alleged special assessment against union members which is estimated by Correa's office to amount to $6,500,000 annually, based on an average salary of $50 weekly for the union's 125,000 members throughout the country. AFL May Act On Browne Post Today Washington, Oct. 5. — Possibilities that the reported plan of the Ameri- can Federation of Labor executive council to drop George E. Browne, president of the IATSE, from the vice-presidency of the national body is to be pushed, were seen tonight in the annual report of the council to be submitted to the 61st annual A. F. of L. convention at Seattle tomorrow. In that report, the council recom- mends that the number of vice-presi- dents, increased from eight to 15 in 1934, be reduced to 13. The reason given for the proposal is that it has been found increasingly difficult to se- cure a quorum at sessions of the council, because of the demands on the time of the vice-presidents. No men- tion is made of any particular official whom it is proposed to drop if the change is approved. There is no mention of motion pic-, tures in the report, but the council recommends that studies be made to determine how the use of radio pro- grams may be more widely employed for the dissemination of labor news. New Selznick Deal With U.A.Is Closed (Continued from page 1) Raftery, represented United Artists in the transaction. Attorney Lloyd Wright and Dan O'Shea of the Selz- nick office acted for the latter. It is also reported that under the terms conditioned by Selznick, if he should elect to become a stockholder, after a given time, a change of the company's name would be considered. Reviews "Mob Town" ( Universal — 1941-'42 Release) Hollyivood, Oct. 5 T_T ERE are some of the Dead End Kids and some others in another of *■ ■* those Tenth Avenue melodramas wherein the youngsters fascinated by the monetary display of criminals learn in due time and by experience what is wrong with crime as a vocation. In this number they do some- what more of their rough-and-tumble scrapping than is average for their exercises and they also make their points a bit more convincingly. The film is a mite above par for the series. Billy Halop, Huntz Hall, Gabriel Dell, Bernard Punsly, Dick Foran, Anne Gwynne, Samuel S. Hinds, Darryl Hickman, Victor Killian, Tru- man Bradley, John Butler and John Sheehan are in the cast. Ken Goldsmith, producer, and William Nigh, director, get quite a lot out of their material, slipping most noticeably at midpoint where a con- tinuity gap suggests the leaving out, inadvertently or otherwise, of some melodramatic incidents which might have given the picture more impact. The tale concerns some kids whose ambitions toward gangsterism are thwarted in time and to the end of reformation by a friendly policeman. Running time, 62 minutes. "G."* Roscoe Williams "Three Sons O' Guns" ( Warners— 1 940-'41 Release ) HP HIS little comedy has a group of "names" to offer which should he *■ chiefly responsible for what results it might bring. The characters of the title and the situations in which they are involved are intention- ally preposterous for laugh purposes, but are at times overdone and fall a bit short in achieving the desired result. The cast members, well known in most circles, include Irene Rich, Wayne Morris, Tom Brown, Marjorie Rambeau and William T. Orr. Miss Rich and Miss Rambeau are mother and aunt, respectively, of the three irresponsible and mentally deficient boys, who are well-meaning but unproductive. The spirited playing helps to make some parts of the picture amusing. It is brought to a close with the sons victimized by the draft people, and Miss Rich, a widow, trotting off to the marriage bureau with a wealthy businessman. Ben Stoloff directed. Running- time, 65 minutes. "G."* Eugene Arneel Minn. Anti-5 Statute Held Constitutional "G" denotes general classification. Scout Reports of 'U'-Nathanson Split (Continued from page 1) twice in the past few weeks, reported- ly conferring on the new develop- ments. No Discussions, Say 'U' Officials Universal home office officials stated over the weekend that there have been no discussions concerning any possible change in franchise ar- rangements for Canada. Responsible home office executives stated that Universal has taken the position that its product may not be used to strengthen any circuit's posi- tion in Canada and that it will insist upon continued servicing of all of the company's established theatre accounts of good standing in the Dominion, and to this end will require submission of all contracts to the home office for approval. "We will not approve contracts which involve the selling away from any long-established and acceptable customer of Universal," a home of- fice executive stated. W. B. Buys Para. Story Hollywood, Oct. 5. — Warner Bros, has announced the purchase of "Coun- try Lawyer," Bellamy Partridge story, from Paramount, and its sequel, "Big- Family." Adjourn Clearance Hearing in St. Louis St. Louis, Oct. 5. — Hearing of the clearance complaint of Victor Thien, operator of the Palm, North St. Louis, was adjourned to Thursday after former Circuit Judge J. Wesley Mc- Afee, arbitrator, heard the plaintiff. Thien stated that his availability on Paramount and 20th Century-Fox product depended on whether the com- peting Aubert and Union theatres were operated by Fanchon & Alarco's St. Louis Amusement Co. He testi- fied that in no instance could he ob- tain pictures from the two companies until after the Aubert had played them, despite the fact that the house is farther from the Palm than it is from the Union. Despite this, he testified, he is required to wait 33 days after the second-run Union and seven days after the third-run Aubert. He testified that his admission scale is approximately the same as the Union's and higher than the Aubert's. He is asking for availability ahead of the latter. Phila. Clearance Hearing Continued Philadelphia, Oct. 5. — The hear- ing on the clearance complaint of Col- umbus Stamper, operator of the Great Northern here, was continued until Oct. 9 after an all-day session Friday. Possibly, it was said, to forestall an appeal of the case after its adjudica- tion, all parties agreed that any rules made by the arbitrator shall be bind- (Continued from page 1) before Judge Goddard in New Yorl in order to sell in Minnesota actf tl ing to the terms of the Minns*/" W law. The statute requires sale of an [ entire season's product en bloc, with the privilege of canceling up to 20 J per cent of the block. Exchanges in | Minneapolis have been compelled to ' sell by blocks of five in their terri- tory outside Minnesota, while some I have sold no pictures in this State. Their reported sales in the State, in blocks of five, or through distrib- utor-theatre affiliations, will be scruti- nized by the Allied Legislative Com- mittee, it was reported, with a view to demanding action by law enforcement authorities. Meanwhile the suit of the majors for a permanent injunction and final ruling of the law's constitutionality is still pending in Ramsey County Dis- trict Court. It is expected this action will be deferred. The Hanft ruling read : "Had the instant statute been enacted a decade or two ago, under decisions recogniz- ing the inviolability of the right-to- contract doctrine, it would very likely have been held unconstitutional as a temerarious interference with the right of property and contract and the law of supply and demand. But the world moves, this country progressively. "Within the last decade, vast social and economic changes have taken place with astonishing rapidity. Gov- ernment found it necessary to take a decisive hand to meet new conditions. Modern problems had to be met by legislative, executive and the judicial departments of government. Laws originally sustained under police power as to safety and morals are now sustained upon the additional ground of health and 'welfare' of the people, and the term welfare has in the last two or three years vastly expanded to meet existing social and economic conditions." As a "remarkable" example of how courts will adjust themselves to meet existing conditions. Judge Hanft pointed to the women's minimum wage law case in New York. He pointed out the U. S. Supreme Court in 1923 ruled against the law, but reversed itself in 1937. Mexico Strike Peace Is Near, N. Y. Hears (Continued from page 1) would end all major company film service to Mexican theatres. Five companies, Columbia, Loew's, Warners, RKO and Paramount, have been closed by strike action and Uni- versal, United Artists and 20th Cen- tury-Fox would discontinue service in line with their notices to exhibitors, effective as of last midnight. Bernhard to Chicago Meet Joseph Bernhard, general manager of Warner Theatres, and Harry Gold- berg, director of advertising and pub- licity for the circuit, leave early this week for Chicago to preside over a meeting of Warner theatre managers. The Pegler Method n Arthur James Pegler, famous reporter, and father of Westbrook Pegler, also a famous reporter, began his metro- politan career many years ago in Chicago, his first and trial assignment was to get a picture of a certain beautiful lady, much in the news— but hard to get because the news was hard. Every star reporter in Chicago had tried. They had searched the galleries, rifled trunks, bribed servants, stalked relatives. The skill of a dozen men, notable, even notorious, for their gimlet cunning failed. A n hour after Mr. Pegler got the assignment he was in the office with the picture. A half hour later it was in the paper, and his job was set. As the ed ition rolled, the managing editor approached the new reporter's desk. "If you do not mind telling, " he ventured with a deference extraordinary in that rude office, "I'd be inter- ested to know how you got that picture.'* The whole city room was listening in a hush. C^ertainly, sir,'' Mr. Pegler responded, with a tinge of some- thing in his voice i—> "I just asked her for it. Th e star picture chaser of them all cried out in pain. "We never thought of that!' The direct method the Pegler method did it. Many another signal performance is just that simple, just that direct. Easy does it, but it's something hard to see. For instance, six years ago Republic Pictures Corporation was launched, in the highly competitive, exceedingly complex motion picture industry, with the simple, direct conviction that money could be made making pictures on which theatres could make money. f*VepubIic had nothing else to do but tend to business, and no way to make money except by tending to business. The program worked. It still works. It grows. Each year Republic has gained more accounts, more contracts. Republic has as many as 1 1 ,000 customer accounts. It seemed poss ible that a great many things were being done at large expense and often much trouble that had nothing at all to do with what reached the screen. t^epublic started to work with nothing to do but to tend to business, and no way to make money except by tending to business. Putting all it had on the screen where the customers could get it. REPUBLIC PICTURES CORPORATION BUY U. S. DEFENSE BONDS 6 Motion Picture Daily Monday, October 6, 1941 Short Subject Reviews "Beauty and the Beach" (Headliner Bands) (Paramount) Here is something different from the usual run of band shorts with Jones Beach and Powers models in bathing suits forming the background instead of the customary bandstand. Johnny Long and his orchestra, with Bob Huston, Helen Young and the Sunshine Trio are the featured attrac- tions. Among the songs are "By the Sea," "Pass the Bounce," "Sweet Mo- ments," "Kiss the Boys Goodbye" and "White Star of Sigma Nu." A de- light to the ear and eye. Running time, 10 mins. Release, Sept. 26, 1941. "Popular Science, J 1-1" (Paramount) Mechanical methods milady uses for slenderizing the figure are featured. All kinds of rollers and similar con- traptions are shown in operation. The short can be exploited for women interested in reducing and should pro- vide the men in the audience with an interesting insight of what the ladies go through for beauty's sake. Also shown is the organization of a motor- ized unit of the Army and a number of gadgets. Running time, 11 mins. Release, Sept. 19, 1941. "Meet the Champs" (Grantland Rice Sportlight) (Paramount) The Wilhelm Brothers of Yermo, Calif., again display their remarkable talent with bow and arrow. After some brief shots of the men giving instruction first at a boys' school and, later, at a girls' college, the reel shows the brothers shooting objects off each other's heads. The objects used grow smaller and smaller and the interest mounts with each one. There are also some interesting dem- onstrations of shooting with tracer arrows and shooting an arrow through an iron skillet. Running time, 10 mins. Release, Oct. 3, 1941. 'How To Take a Vacation' (Benchley Comedy) (Paramount) Robert Benchley, in another of his satires on the domestic scene, leaves his wife behind to go on a vacation in the woods "with the boys." Con- stant rain and a steady diet of beans soon dispels the glamour of the trip and Benchley is back in his wife's arms to accept her ideas on how a vacation should be spent. As usual, Benchley is quite funny, and the situa- tions are well-known to most fami- lies. Running time, 10 mins. Release, Oct. 10, 1941. "Unusual Occupations, Ll-1" (Paramount) Assembled in this reel are a man who conducts a Southern plantation just as it was a century ago; the unusual collections of bills, beaks and horns of "Dr." Seuss, the illustrator ; the selection of airplane hostesses, and a trick typist in an unusual demon- stration of his technique. In color. Running time, 11 mins. Release, Oct. 3, 1941. Reviews yy A Girl Must Live (Gainsborough-Universal — 1941-'42 Rcleaso) DRODUCED in England by Gainsborough, and released here by Universal, "A Girl Must Live" is definitely light-weight screen fare, handicapped by a too-British accent on the part of most of its players, and an unconvincing story. Margaret Lockwood, one of the best of English actresses, and well known to American audiences, is given herein a role far too lacking in backbone for her unquestioned talent. She plays a school girl who runs off to London in search of a theatrical career, becomes involved in the chorus girl scramble of a theatrical boarding house, where she is using the name of the daughter of a once famous actress, and winds up as the wife of an Earl. Carol Reed, who directed, has done probably as well as could be expected in view of the basic story weakness. In support of Miss Lock- wood are Hugh Sinclair as the young Earl, Renee Houston and Lilli Palmer as the pair of chorus girls who are after the title, and Naughton Wayne, as the crook friend of one of them, who connives a blackmailing plot against the Earl into which Miss Lockwood falls. When she takes the blame, the other two girls, conscience-stricken, confess, opening the way to the completion of the Lockwood-Sinclair romance. Running time, 69 minutes. "G."* Charles S. Aaronson "The Masked Rider" (Universal— 1941 -'42 Release) T ARGE doses of guitar strumming, dancing and vocalizing South of ' the Border delay the flow of the story, the plot of which concerns the attempt of the title character and his gang to relieve a Mexican gentleman of his hacienda. There is sufficient fighting and chasing for the action market but some of the sequences are impaired bv the over- emphasized musical accompaniment. Johnny Mack Brown is likeable in the role of the hero. Fuzzy Knight, Grant Withers, Nell O'Day meet requirements in supporting spots. Withers is the "Masked Rider," whose identity is fairly obvious long before he is unmasked. Ford Beebe directed the film. Running time, 58 minutes. "G."* Eugene Arneel *"G" denotes general classification. Savini to Release For Film Alliance Film Alliance of America and Astor Pictures have entered into a distribu- tion deal whereby Film Alliance prod- uct will be released nationally through Astor, it was anounced Friday by Robert M. Savini, president of Astor. Involved in the deal are 16 features which Film Alliance has in circula- tion and nine which are forthcoming, Savini said. Film Alliance has been releasing a number of English and French pic- tures. L. E. Thompson, Harry Brandt and Percival E. Furber, president of Trans-Lux Corp., will retain their in- terests in Film Alliance, it was said. Normal El son, general manager of the company, recently withdrew to devote his full time to buying and booking for Trans-Lux theatres. "I'll Never Crow Again" (Popeye Cartoon) (Paramount) Olive calls upon Popeye for aid in dispersing some crows from her gar- den. He tries a number of tricks but the birds outwit him. His temper rises with each unsuccessful effort but when he finds Olive laughing at him, he blows up. The reel ends with Olive hanging on the uprights which formerly supported the scarecrow and the crows really scared this time. Good for a few laughs. Running time, 7 mins. Release, Sept. 19, 1941. 'Barbara' Scores $8,500, Montreal Montreal, Oct. 5. — "Major Bar- bara" led here with $8,500 at Loew's. "Our Wife" at the Capitol took $6,300. Estimated receipts for the week ending Sept. 25 : "New Wine" (U. A.) "Mr. District Attorney" (Rep.) ORPHETJM — (1,000) (30c-40c-60c) 7 days, 2nd week. Gross: $3,000. (Average. $4,000) "Majir Barbara" (U. A.) LOEW'S — (2,900) (35c-47c-67c) 7 days. Gross: $8,500. (Average, $7,000) 'Puddin' Head" (Rep.) "Ice Escapades" (Rep.) PRINCESS — (2,200) (30c-40c-53c) Gross: $2,200. (Average, $2,500) "Here Comes Mr. Jordan" (Col.) PALACE — (2,200) (30c-45c-62) Gross: $5,500. (Average, $7,000) "Our Wife" (Col.) "Ellery Queen's Penthouse Mystery" (Col.) CAPITOL — (2,800) (30c-45c-62c) Gross: $6,300. (Average, $4,000) days. days. days. French Film Opening "The Man Who Seeks the Truth," French film starring Raimu, will open tonight at the World Theatre. The premiere will be a benefit for the French War Veterans relief fund. The program will include "A Gypsy Romance," also a French film. Short Subject Reviews "Westward Ho-Hum" (Edgar Kennedy Comedy) (RKO) This is best suited for those who enjoy the Edgar Kennedy comedy, which remains much the same through the seasons. The humor is of tl slapstick sort. Sally Payne, Jack Ric and others are with Kennedy, who travels out West to operate his newly- acquired restaurant, which, he later discovers, is in a ghost town. Two outlaws also are involved, but Miss Payne captures them, it seems, and collects a reward. Running time, 16 mins. Release, Sept. 5, 1941. "Man-i-Cured" (Leon Errol Comedy) (RKO) This is a brisk little comedy of the house-detective and girl-in-room va- riety. Leon Errol is seen in a series of complications with the detective, his wife and a manicurist and man- ages to emerge with nothing more than a flower pot over his head. Although for the most part routine, it comes off with the proper effect. Running time, 20 mins. Release, Sept. 26, 1941. "Picture People" (One-reel Specialty) (RKO-Pathe) Helen Broderick plays hostess in this first of the new season's series on Hollywood. It has to do with the part stars are taking in national defense, paying particular attention to Sigrid Gurie's party, to which the guests bring pots and pans. Reginald Denny- is seen at his model plane factory, Margaret Lindsay and Marion Marsh working with the Red Cross, Victor McLaglen with his cavalry and motor corps, and other such items. It is an interesting short, and is out of the routine. Running time, 8 mins. Re- lease, Sept. 12, 1941. "Screen Snapshots, No. 1" (Columbia) Ken Murray escorts the Brewster twins to an eccentric Hollywood party, whose host is Milton Berle, and for which the guests don beach cos- tumes which were in style a genera- tion ago. Billy Gilbert, Joan Davis, Buster Keaton and Berle try to be funny, with little effect, for the cam- eraman. Others in attendance are Ann Miller, Brenda Joyce, Kay Har- ris, Ella Logan and Simone Simon. Miss Logan contributes to the enter- tainment with a swing song. Running time, 9 mins. Release, Sept. 15, 1941. La Cava Party Host Gregory La Cava, who recently produced "Unfinished Business" for Universal, will be host to the press at a cocktail party tomorrow afternoon at the 21 Club. "From Nuts to Soup" (Cinescope) ( Columbia) Prof. Russell E. Oakes demon- strates for his graduating class an as- sortment of crackpot inventions. Gad- gets for preventing the sleeve from touching the butter, and a broadened knife for carrying peas, are among the professor's creations. Topping them all is his doughnut dunking de- vice. But with it all, there is a limited amount of good comedy in the film. Running time, 12 mins. Release, Sept. 5, 1941. THE FINEST ACCOUNTING BOOK EVER COMPILED FOR MOTION PICTURE THEATRE OWNERS" « 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 QUICLEY BOOKSHOP, ROCKEFELLER CENTER, NEW YORK Here ,s my check for $2.00. Send me "THEATRE MANAGEMENT RECORD". Name City and State Address . Theatre Motion Picture Daily Monday, October 6. 194] Plan Program For NBC Web Coordination Niles Trammell Closer coordination between the Red and Blue networks of NBC and their respective affiliated sta- tions will be sought today in a letter by N i 1 e s Tram- m e 1 1 , NBC president, t o the 239 sta- tions which comprise the two webs. Al- though the let- ter will stress the need for cooperation on matters of na- tional defense, the Planning and Advisory Com- mittee which will be set up for each network will also consider program and sales policies, the joint needs of network and station operation, and public service. This plan for cooperation by the networks with the station affiliates comes while NBC is facing an FCC order to dispose of the Blue network and net- work monopoly regulations are pending before the commission. The plan, as it will be outlined by Trammell, calls for the development of a "definite program to be organ- ized on a cooperative basis between the 239 stations and the National Broadcasting Company." Each com- mittee will consist of seven members. Temporary members have been se- lected by Trammell and they will be asked to come to New York for an organization meeting. The Red net- work committee will meet Nov. 4 and the Blue, Nov. 5. Temporary representatives of the Red are: Paul W. Morency, WTIC, Hartford, Conn. ; James D. Shouse, WLW, Cincinnati ; John J. Gillin, WOW, Omaha; Edwin W. Craig. WSM, Nashville; O. L. Taylor, KGNC, Amarillo, Tex.; Sid S. Fox, KDYL, Salt Lake City, and Harrison Holliway, KFI, Los Angeles. For the Blue : Harry C. Wilder, WSYR, Syracuse, and WTRY, Trov. N. Y. ; Sam Rosenbaum, WFIL, Phil- adelphia; Elzey Roberts, KXOK, St. Louis; Henry P. Johnston, WSGN, Birmingham, Ala. ; Harold Hough. KGKO,' Dallas, and KTOK, Okla- homa City ; Tracy McCraken, KFBC, Cheyenne, and Howard Lane, KFBK, Sacramento. Col. to Handle Poll Shorts Columbia has closed a deal with Film Institute, Inc., to distribute the latter's short subjects series based on Gallup Poll results of topical ques- tions, it announced Saturday. Sulzberger Joins Firm Former Municipal Court Justice Myron Sulzberger has joined the law firm of Schecter & Sulzberger, attor- neys well known in the industry. Roosevelt Will Fill FCC Vacancy Soon Washington, Oct. 5. — Presi- dent Roosevelt on Friday said he is almost ready to fill the vacancy which has existed on the FCC since June 30, but refused to give any indication whom he has selected as suc- cessor to former Commission- er Frederick I. Thompson. FCC Grants Power Increase Requests; FM Station Sought Washington, Oct. 5. — The FCC has granted the applications of Sta- tions KFEQ, St. Joseph, Mo., for in- crease of power from 500 watts night, 2,500 watts day, to 5,000 watts; KFGQ, Boone, la., for change of fre- quency from 1,400 to 1,260 kilocycles and increase of day power from 100 to 250 watts, and KDON, Monterey, Cal., for increase of power from 100 to 250 watts. Baltimore Radio Show, Inc., Balti- more, has asked for a construction permit for an FM station to operate on 45,900 kilocycles, covering 4,980 square miles with a population of 1,393,884. The commission also ordered hear- ings on the applications of Stations WLOL, Minneapolis, for change ol frequency to 630 kilocycles and in- crease of day power to 5,000 watts ; WMIN, St. Paul, for change of fre- quency to 630 kilocycles and increase of power to 1,000 watts night, 5,000 watts day, and KSAN, San Fran- cisco, for change of frequency to 1,460 kilocycles and increase of power to 1,000 watts. Off the Antenna BMI has announced that licenses for all transcriptions using BMI songs will be cleared at the source, thus permitting stations without BMI license! to play the recordings. The recording company or advertising agency wil pay the source license fee and the rate will be the same as if a station obtained a "per program" license. The maximum rate of 5.55 per cent will appli unless the station supplies the recorder or agency with data indicating that it is entitled to a lower income classification. • • • Purely Personal: Theodore Toll, formerly with the J. Walter Thompson agency and WAAF, Chicago, has joined the- production staff of the . central division. . . . Marty Glickman, WHN spontscastcr, became the fi of a girl last week. . . . Jack Martin, WHN announcer, has returned W OPI, Bristol, Tonn., 'where he will handle sports events. . . . Gertrude Berg, 'who writes and acts in "The Rise of the Goldbergs," -was given a surprise birthday panty by the Compton agency, the rest of the cast and CBS on Friday. . . . Richard Goggin, W ABC producer-director, is giving a course at the Maplcwood, N. J., Theatre, in radio acting and production. • • • Despite keen interest in last week's Louis-Nova fight, the bout failed tor reach the record set by the Louis-Schmeling match in 1938. Last week's rating was 54.1 per cent of all set owners interviewed, as compared with 63.6 per cent for the 1938 fight and 58.2 per cent for the Louis-Conn fight in June of this year. The fight was broadcast by Mutual. The figures were obtained by CAB. Program News: The Metropolitan Museum of Art will start a new art series over CBS television Tuesday at 8:30 P.M. . . . Atlantic Refining Co. will sponsor 14 football broadcasts on 10 successive Saturdays over varying hookups of CBS New England stations. . . . R. H. Macy will sponsor "Con- sumer's Quiz Club" over WOR for the fourth year beginning today. The program will be heard Monday through Friday, 10:30-10:50 A.M. Harry Kopf Elected NBC Vice-President Harry C. Kopf, general manager of XBC central division with offices in Chicago, on Friday was elected a vice- president of the network in charge of the division, by the board of direc- tors. Kopf was central division sales manager until a year ago when he was promoted to the post of general manager, succeeding Sidney N. Strotz who was then named vice-president in charge of programs. Divorce of Radio, Papers Is Urged Washington, Oct. 5. — Divorce of' newspapers and broadcasting was urged upon the FCC Friday by C. J. Friedrich, Harvard professor, to ar- rest a drift toward "monopoly in opin- ion" which, he said, might lead toward totalitarianism. His views were supported by Prof. Zacharia Chaffee, Jr., who told the FCC that he had devoted some years to study of the two media and felt they should be operated separately. Day and Date oei. a* MOTION PICTURE DAILY ->0 NOT r _ First in Radio ]N}Ws f±. 50. NO. 69 NEW YORK, U.S.A., TUESDAY, OCTOBER 7, 1941 TEN CENTS rosses Beat ieat Wave, World Series iwn' Has Strong Week; Eve' and 'RAF' Good )espite abnormal heat, which :ked temperature records for ty October, and the World ies, which kept many thousands Xew Yorkers glued to their ios throughout the weekend, in ition to the capacity attendance . Ebbets Field, grosses along >;idway vanquished the severe ipetition. he large throngs at the beaches ^ed to the temperature, which a record high of 85 on Saturday, >n Sunday and 88 yesterday. The only yesterday evening began to le down from a hectic subway rid Series which crowded the war ^ off front pages, he Paramount with "Hold Back (.Continued on page 13) 'owne-Bioff Jury lection Tomorrow ounsel for both sides yesterday ressed readiness to proceed tomor- with the trial of George E. wne. IATSE president, and Wil- ) Bioff, Coast official of the union, alleged extortion from four film ipanies. The entire day is ex- ed to be occupied with selection i jury. cderal Judge John C. Knox ad- "iied start of the trial until tomor- because a Federal jury for the term will not be impaneled until iy. lathias F. Correa, U. S. District >rney, who will conduct the trial, designated two of his assistants, is Kostelanetz and John L. Bur- , to aid him. exico Film Strike Advanced to Oct. 9 ;exico City, Oct. 6. — Negotiations settlement of the film workers' ke against 20th Century-Fox, ted Artists and Universal, which Jrtedly had been progressing fa- tbly late last week, were pro- iced "fruitless" by Salvador Car- '. head of the union, at the end of .y's negotiations. he union followed the statement (.Continued on page 13) Film Industry to Plan Camp Shows with Army and Navy Republic Expands Production Setup Under M. J. Siegel Hollywood, Oct. 6. — M. J. Siegel, president of Republic Productions, to- day announced an expansion in the studio's execu- tive and physi- cal setup which, he said, was "the most im- portant expan- sion program in the history of the company." Effective im- mediately, t wo new production departments are created, it was announced, with Al W ilson ap- pointed execu- tive producer in charge of all features and Hiram Brown, Jr., ap- pointed executive producer in charge of westerns and serials, the latter two departments being consolidated in the move. Siegel also announced that a con- struction program will get under way, including two new sound stages, huildings for the art and research de- partments and new character streets. The work will be under the super- vision of C. L. Lootens. Siegel will join James R. Grainger, president of Republic Pictures, the distributing company, and Herbert J. Yates, chairman of the Republic board, as a "sales triumvirate" which, (Continued on page 13) M. J. Siegel Washington, Oct. 6. — High of- ficials of the Army and Navy will meet Wednesday and Thursday with representatives of the motion picture and radio industries and legitimate stage in a series of conferences at which a long-term program for camp entertainment will be developed, it was disclosed tonight. Invitations to attend the meetings were telegraphed to representatives of the three industries last week by Brigadier General Frederick C. Os- borne, chief of the morale division of the War Department, who will pre- side. The motion picture group will in- clude Y. Frank Freeman, president of the Association of Motion Picture Producers and chairman of the Holly- wood branch of the motion picture de- fense committee ; Jock Lawrence, sec- retary of the committee, and repre- sentatives of the Screen Actors Guild, Screen Writers Guild, Screen Di- rectors Guild, the various technical branches and the Association of Mo- tion Picture Producers. Representatives from the East will include Lawrence (Continued on page 14) UA Partners Here On Selznick Details United Artists partners will meet here tomorrow or Thursday to com- plete final details of the deal by which David O. Selznick becomes an owner- producer in the company and to con- fer on the selection of a president for the company. Mary Pickford and Alexander Kor- da arrived from the Coast by plane yesterday, and Selznick and Edward C. Raftery, secretary and counsel, are expected today or tomorrow. Charles Chaplin is scheduled to arrive Thurs- day, completing the roster of United Artists owners. Nye Charges America First Group Finances Campaign Against Him Washington, Oct. 6.— Speaking on the Senate floor today. Sen. Gerald P. Nye of North Dakota charged that the America First Committee was financing advertisements against him in 19 North Dakota weekly newspapers. The statement was made in connection with a "reply" to charges that he was injecting racial issues into the political situation. He said the statement he had made before the Senate subcommittee investigating film and radio "propaganda" would dispose of the charges that he was attempting to foment the racial issue. He did not go into the question of alleged film propaganda or the investigation itself, but he secured the printing in the Con- gressional Record of a considerable part of his statement to the Nye-Clark subcommittee at the opening of its hearings last month. Majors Weigh Procedure on Minn. Decision Will Take Appeal or Seek Change in Decree No immediate decision will be made by the five consenting com- panies on a course of action as a re- sult of the decision of District Judge Hugo O. Hanft of St. Paul upholding the constitutionality of the Minnesota anti-block-of-five law, it was stated yesterday following a meeting of attorneys for the com- panies here. The attorneys stated that be- fore making a decision on their next step they would confer with the general sales managers of their companies to obtain their views in the matter. An- other meeting of attorneys will be held within the next few days, it was stated. The meeting was attended by David Shearer, Minneapolis counsel for some of the companies, who brought copies (Continued on page 6) Clearance Decision Reversed on Appeal The national arbitration appeals board yesterday reversed the award of Morton J. Hall, arbitrator, who last July granted a clearance reduc- tion to the American Theatre, Can- ton, N. Y. In reversing the arbitrator and dis- missing the complaint, the appeals board did not consider the case on its merits but acted on a technical fault in the original complaint. The ap- peals board stipulated that if a new and proper complaint is filed at the Albany board within 10 days it will (Continued on page 13) MPT OA Backs Aim Of Industry Unity MPTOA gave qualified approval yesterday to the proposal for a joint industry committee to work for im- proved industry relations in matters of common interest. The organization's endorsement of the general aims of the proposed com- mittee was contained in a bulletin to MPTOA members issued over the signature of Ed Kuykendall, president. (Continued on page 6) Motion Picture Daily Tuesday, October 7, 1941 Coast Flashes Hollywood , Oct. 6 WALTER WANGER, retiring president of the Academy of Motion Picture Arts and Sciences, today announced the newly elected members of the board of governors. They are : actors, Edward Arnold, Charles Coburn, Rosalind Russell ; di- rectors, Frank Capra, Frank Lloyd, Sam Wood; producers, Y. Frank Freeman, David O. Selznick, Darryl Zanuck; writers, Howard Estabrook, James Hilton, Norman Reilly Raine ; science, John Aalberg, Farciot Edou- art, Ray Wilkinson. The board will meet Oct. 30 to select the officers. • Dennis Morgan will be starred in Warners' "Robinson Crusoe," the studio announced today. Industry participation in the local Community Chest campaign _ was launched today with the formation of a studio publicity committee headed by Arch Reeve of the Association of Motion Picture Producers. Members are Gene Simmons, 20th Century- Fox; Eddie Manson, Warners; John Del Valle, Paramount ; Connie Krebs, RKO ; Bill Rogers, Republic ; Irving Fein, Goldwyn ; John Leroy Johnston, Wanger ; Dave McCoig, Universal ; Erie Hampton, Columbia ; Barrett Kiesling, M-G-M. Personal Mention Dolores Costello Signed Hollywood, Oct. 6. — Dolores Cos- tello has been signed by Orson Welles for the feminine lead in "The Mag- nificent Ambersons," which he is pro- ducing for RKO. LEO SPITZ left last night for California. He will be gone about two weeks. • William A. Scully, Universal vice-president and general sales man- ager, and William J. Heineman, assistant general sales manager, are due from the Coast tomorrow. • Lieut.-Comm. Eugene Zukor will leave for the Coast today following a visit with his parents here. • Ruth Rich, secretary to Gus S. Eyssell of the Radio City Music Hall, was married Saturday to Edward Deutsch, manufacturer, in New Jersey. Following a wedding trip Mrs. Deutsch will return to the Music Hall. • H. M. Richey, director of exhibi- tor relations for M-G-M, left for De- troit by plane yesterday. • Jack Horwitz of the • M-G-M Washington exchange has been draft- ed. • Joseph Reed, Jr., son of the Con- necticut theatre operator, and Mollie Stewart of Needham, Mass., were married recently. • Mary Gaffney, secretary to Fred Lynch, Music Hall publicity direc- tor, and Columbia R. Sileo, wife of the theatrical photographer, return today from a vacation in Mexico. • Norman Elson, general manager of Trans-Lux Theatres, leaves today for Philadelphia and Washington. y FRANK FREEMAN, Para- 1 • mount studio head, leaves for Washington today, after a day's con- ference with Barney Balaban, Para- mount president, at the home office yesterday. • A. M. Botsford, 20th Century-Fox advertising and publicity director, is expected from the Coast today. • James R. Grainger, president of Republic, left for Toronto by plane yesterday. • Lester Krieger, assistant to Ted Schlanger, Warner Theatres zone chief in Philadelphia, has been dis- charged from the hospital after suf- fering a heart attack, and is now re- cuperating at home. • Cecil Felt, operator of the Blue- bird, Philadelphia, left over the week- end for Panama. • Dale Woodruff, former assistant manager of the Rialto, Allentown, Pa., has been released from the Army after a year's service. • John G. Gentile, former theatre operator in New Haven, Conn., is a patient at Undercliff Sanitorium, Meriden. • Leon J. Rubenstein of Ruby Cam- ema Exchange was operated on yes- terday at New York Polyclinic Hos- pital. • Natale DiFrancesco, owner of the Cheshire, Stamford, Conn., is ill at the Stamford Hospital. Kentucky Outlaws Games as Lottery Frankfort, Ky., Oct. 6. — Ban! Night has been outlawed in Kentuck) theatres as a lottery in an agree.11 judgment entered in Fayette Circui* court at Lexington. Attorney Gen- eral Hubert Meredith immediately warned all theatres to stop the practice at once on penalty of "promp' and vigorous action." /T The agreed judgment was filed last week in the suit brought May 2v1 by the Attorney General against j Schine Lexington Corp., which oper-j ates about 20 Kentucky theatres. At torneys for the company agreed t' accept without appeal the court" judgment that the game is "a lotter; and gift enterprise violative of th< Kentucky Constitution." In return, the Attorney Genera agreed to drop his original demam for forfeiture of the Schine charte and a $100,000 fine. Lexington theatres already hav posted signs saying that the game har been discontinued by court orde: Frankfort theatres are making plan to discontinue it. No official state ment on the subject will be made b] the Attorney General's office, it wa said, but officials expect theatres t follow the spirit of the judgment That will preclude "door prizes" anr other variants based on drawings i connection with admissions. NEW YORK THEATRES RADIO CITY MUSIC HALL Rockefeller Center DEANNA CHARLES DURBIN LAUCHTON "IT STARTED WITH EVE" ON STAGE: "Dreams" — Russell Markert's clever, imaginative revue. Symphony orches- tra under the direction of Erno Rapee. 1st Mezzanine Seats Reserved Circle 6-4600 CHARLES BOYER Olivia Paulette DeHAVILLAND GODDARD "HOLD BACK THE DAWN" A Paramount Picture PARAMOUNT IN PERSON XAVIER C U G A T AND BAND JAY & LOU S E I L E R TIMES SQUARE ★ TYRONE POWER "A YANK in the R.A.F." with BETTY CRABLE A 20tk Century-Fox Picture R0XY PLUS A BIG STAGE SHOW 7th AVENUE 50th STREET Doors Open 9 a.m IPALACESnhst To 1 P. M. ERROL FLYNN FRED MacMURRAY "DIVE BOMBER" SONJA HENIE GLENN MILLER and BAND "SUN VALLEY" SERENADE" Albany Club Holds Meeting Next Week Albany, Oct. 6. — The revived Albany Variety Club, which will re- tain its designation as Tent Number Nine, will hold its formal organization meeting at the Ten Eyck Hotel here next Monday. The Ten Eyck prob- ably will be selected as permanent headquarters. Temporary officers, pending perma- nent selections next week, are Moe A. Silver, Warner Circuit zone manager, temporary chairman ; Herman Ripps, M-G-M branch manager, temporary secretary, and Louis R. Golding, tem- porary treasurer. On the temporary board of directors are Si Fabian and J. Myer Schine. Metro Will Show Two Films Oct. 21 M-G-M will hold trade showings of two more new season films, "Shadow of the Thin Man" and "Two-Faced Woman" on Oct. 21 in all exchange centers. The films will be shown as a double feature in all cities except Philadelphia, where "Shadow of the Thin Man" will be shown morning and afternoon on Oct. 21 and the other film twice on Oct. 22. Autry Here for Rodeo Gene Autry, Republic star, who will appear in the rodeo at Madison Square Garden beginning tomorrow, arrived from the Coast yesterday. Reservations Heavy On Clark Testimonial Philadelphia, Oct. 6. — The all- industry testimonial dinner on Oct 27 at the Bellevue-Stratford Hotel for James P. Clark, under the auspices of the Variety Club, promises to be a sell-out. It is beginning to take on the aspect of a city and state dinner with officials sending in reservations Clark, head of Horlacher's Film De- livery Service and the independent Clark Distributors film exchange, last month was elected chairman of the City Democratic Committee. Korda Signs Benny For Lubitsch Film Alexander Korda has signed Jack Benny for the starring role in the Korda production, "To Be Or Not to Be," which will be released by United Artists. Ernst Lubitsch will produce and direct the film. The picture will go into production Nov. 1, with other roles to be cast shortly. Cowan May Produce More Miller Play Gilbert Miller and Lester Cow; may produce screen versions of se- eral of the former's forthcomii Broadway plays if they present i unusual production problems, Cow stated yesterday. One of the new plays consider for film production, it was stated. "Brighton Rock," on which the k Sidney Howard was working at t time of his death. Cowan produced Miller's "Lad in Retirement" for Columbia. Lift Paralysis Ban York, Pa., Oct. 6. — The ban children under 16 attending fil because of the paralysis danger, \\ been lifted. A similar ban at near Hanover was lifted Friday and th( tres there were well attended the fi; -J evening. Screen OEM Short Today "Bomber," short subject produced by the Government Office of Emer- gency Management, will be screened this afternoon at the Warner home of- fice, for the Theatres Division of the Motion Picture Committee Cooperat- ing for Naitonal Defense. Carl Sand- burg is the commentator for the reel, which depicts America's airplane bomber industry. Six hundred prints are ready for showing. MOTION PICTURE DAILY (.Registered U. S. Patent Office) Published daily except Saturday, Sunday holidays by Quigley Publishing; Comp Inc., 1270 Sixth Avenue, Rockefeller Cer New York City. Telephone Circle 7-3 Cable address, "Quigpubco, New York." } tin Quigley, Editor-in-Chief and Publis Colvin Brown, Vice-President and Gen Manager; Watterson R. Rothacker, V President; Sam Shain, Editor; Alfred' Finestone, Managing Editor; James Cron, Advertising Manager; Chicago Bur 624 South Michigan Avenue, C. B. O'lS Manager; Hollywood Bureau. Postal U Life Building, William R. Weaver, Edi Leon Friedman, Manager; London Bur 4 Golden Square, London Wl ; Hope Hams, Manager, cable address "Quigpv London." All contents copyrighted 194 Quigley Publishing Company, Inc. C Quigley publications: Motion Picture He Better Theatres, International Motion ture Almanac and Fame. Entered as se class matter, Sept. 23, 1938, at the office at New York, N. Y., under the a< March 3, 1879. Subscription rates per $6 in the Americas and $12 foreign. S copies 10c. Si »day, October 7, 1941 Motion Picture Daily Yank in RAF Is $45,000 Hit Los Angeles ili Los Angeles, Oct. 6. — "A Yank in ijp'e R.A.F.," playing single bill at one l.kouse and double bill at two others, grossed a total of $45,000. 'Sergeant ^■ork," single bill holdover, in its iRcond week took a total of $34,000 at ." IVarners Hollywood and Downtown J theatres. iT'l Estimated receipts for the week ', l-nding Oct. 1 : "Yank in the R.A.F." (20th-Fox) '.Niagara Falls" (U.A.) CHINESE — (2,500) (33c-44c-55c-75c) 7 3:aiys. Gross: $18,500. (Average, $12,000) "Fantasia" (Disney) CARTHAY CIRCLE — (1,518) (55c-$1.65) '-'f days, 35th week. Gross: $4,500. (Aver- 3: ige, $17,000) Yank in the R.A.F." (20th- Fox) 4 STAR— (900) (44c-55c) 7 days. Gross: po,500. (Average, $3,250) 'Here Comes Mr. Jordan" (Col.) 'Harmon of Michigan" (Col.) ' HILLSTREET— (2,700) (33c -44c -55c -75c) 7 Mlays, "Jordan" 3rd week. Gross: $8,500. I 'Average, $6,500) Yank in the R.A.F." (ZOth-Fox) 'Niagara Falls" (U.A.) ' LOEWS STATE — (2,7'*)) (33c-44c-55c- W5c) 7 days. Gross: $20,000. (Average. $14,000) 'Here Comes Mr. Jordan" (Col.) "Harmon of Michigan" (Col.) fT PA1NTAGES — (1,000) (33c-44c-55c-75c) 7 Jays, "Jordan" 3rd week. Gross : $9,000. ( Average, $7,000) ' Hold Back the Dawn" (Para.) PARAMOUNT — (3.595) (33c-44c-55c-75c) • ,7 days. Stage: Bob Crosby. Gross: $24,000. ■ '(Average, $18,000) „ Sergeant York" (W.B.) ^! WARNER BROS. (Hollywood) - (3,000) < 33c -44c -55c -75c) 7 days, 2nd week. Gross: ' S 16.000. (Average, $14,000) ' Sergeant York" (W.B.) i- WARNER BROS. (Downtown) — (3,400) (33c -44c -55c -75c) 7 days, 2nd week. Gross: S18.000. (Average, $12,000) Lady Be Good' at $9,500, New Haven New Haven, Oct. 6. — The Loew- .. Poli led with $9,500 for "Lady Be Good" and "Dressed to Kill." The Roger Sherman, with "Navy Blues" and "Highway West" took $5,900. Estimated receipts for the week ending Oct. 2 : "Here Comes Mr. Jordan" (Col.) 'Blondie In Society" (Col.) COLLEGE— (1.499) (39c-50c) 7 days, 2nd J week. Gross: $2,400. (Average, $2,700) "Lady Be Good" (M-G-M) "Dressed to Kill" (20th-Fox) LOEW-POLI — (3,040) (39c-50c) 7 days. = / w DENVER — SHATTERS THE TERRU IC RECORD OF 'ALEXANDER'S IAGTIME BAND"! JOSTON — TOPPED ' ALEXAN- DER'S RAGTIME BAND" ON SUN- DAY BY $1128! SAN FRANCISCO - SRO ALL DAY, DAY AFTER DAY, FOR BIG- GEST BUSINESS IN 3 YEARS! DALLAS — BLASTING THE "UN- APPROACHABLE" HIGHS THAT HAVE STOOD SINCE '39! MILWAUKEE -out-grossing THE DAY-BY-DAY RECORD OF "SUN VALLEY SERENADE" WHICH WAS BIGGEST IN 3 YEARS! PHILADELPHIA — THE BIGGEST SUNDAY'S BUSINESS PHILADEL- PHIA EVER HAD! CINCINNATI- FIRST THREE DAYS $2600 BIGGER THAN "CHARLEY'S AUNT"! SALT LAKE CITY — SMASHES THE "ALEXANDER'S RAGTIME BAND" ALL-TIME HIGH! As The Nation's Boxoffices "Keep 'em Flying! 6 Motion Picture Daily Tuesday, October 7, 1941 Majors Weigh Procedure on Minn. Decision Reviews (Continued from page 1) of the decision with him to New York for study by the home office counsel. The consenting companies have the choice of going before Federal Judge Henry W. Goddard here and asking to be relieved of the block-of-five pro- vision of the consent decree insofar as their operations in Minnesota are con- cerned, in order to comply with the State law, or of continuing the battle in the courts by taking an appeal to the Minnesota Supreme Court. If the latter course is decided upon, it was pointed out, selling would not be engaged in within Minnesota until the appeal was decided. However, in- formal observations of several of the attorneys appeared to indicate that they considered an application to Judge Goddard for release from the decree's selling provisions in Minnesota as the most practical procedure. A decision on the procedure will de- pend to a large extent on the attitude of the company sales executives, it was said, since apprehension was expressed that if this course were to be followed and the release was granted by the court, exhibitors might be encouraged to initiate legislation similar to the Minnesota law in other states. Hillstreet Releases 'Citizen Kane* in L. A. Los Angeles, Oct. 6. — The Hawaii Theatre, operated by Albert Galston and Jay Sutton, today obtained RKO's "Citizen Kane " in a release of the film by the Pantages Hillstreet, which had bought the picture in RKO's first block. The Hawaii will have first run on the film, opening it Oct. 16 on a re- ported guarantee of four weeks, with the present 40-cent scale increased to 55 and 75 cents. Fox West Coast previously had bought the picture with RKO's first block and then announced that it would be shelved. FWC did not buy first run, however. Hearst has two newspapers here. "Moonlight in Hawaii (Universal— 1941-42 Release) WITH a few tuneful song numbers and their rendition in the modern popular style by the Merry Macs of radio, this light musical should have, some appeal for the younger generation. Ken Goldsmith was associate producer, and Charles Lamont directed. Gene de Paul composed the music and Don Raye wrote the lyrics. The title song probably will be the best remembered. Heading the cast is Johnny Downs, while in support are Jane Frazee, and the veterans Leon Errol, Mischa Auer, the late Richard Carle and Marjorie Gateson. Set in Hawaii, the story concerns the pursuit by the Merry Macs, three-quarters of a quartet, of the fourth member, Downs, who is holding down a job as a guide on a tour, shepherding Miss Gateson and several attractive nieces. Downs meets Miss Frazee, daughter of Errol, pine- apple juice canner, who is constantly at dagger-ends with the pineapple grower, Carle. The film is concerned with efforts to get the four boys on the air, and the romantic interludes of Downs and Miss Frazee, not to mention that of Miss Gateson with Errol, Carle, and finally Auer, orchestra leader. Running time, 61 minutes. "G."* Charles S. Aaronson Allied Board Plans Meet on Joint Unit "Spooks Run Wild' (Monogram — 1941 -'42 Release) Hollyzvood, Oct. 6 T* HE comedy talents of Monogram's "East Side Kids" and the sombre- ness associated cinematically with Bela Lugosi are combined in "Spooks Run Wild." The basic idea was a sound one, but the story runs wild too. There is no restraint placed by Director Phil Rosen and pro- ducer Sam Katzman on the series of incidents which take the boys to a Summer camp, into a mysterious house with secret passages, and into solving a murder mystery. The preview audience was in commotion most of the time, laughing both at and with the picture. The "kids" contingent of Leo Gorcey, Bobby Jordan, Huntz Hall, "Sunshine Sammy" Morrison, David Gorcey and Donald Haines is all present, and the adult cast is made up, in addi- tion to Lugosi, of David O'Brien, Dorothy Short, Dennis Moore, P. J. Kelley, Angelo Rossitto, and Guy Wilkerson. Running time, 64 minutes. "G."* Vance King Legion Approves Fourteen New Films The National Legion of Decency has approved all 14 new films re- viewed this week, eight for general audiences and six for adults. The new pictures and their classification follow. Class A-l, unobjectionable for Gen- eral Patronage — "Death Valley Out- law," "Dude Cowboy," "Dynamite Canyon," "It Started with Eve," "Look Who's Laughing," "The Re- markable Mr. Kipps," "Riders of the Purple Sage," "They Meet Again." Class A-2, Unobjectionable for Adults — "The Gay Falcon," "Hard Guy," "Law of the Tropics," "Married Bachelor," "Mexican Spitfire's Baby," "Unexpected Uncle." "Man from Montana" (Universal — 1941-'42 Release) A BAND of rustlers who undertake to instigate a battle between homesteaders and ranchers are frustrated herein chiefly because Montana's rugged sheriff, Johnny Mack Brown, and his buddy, Fuzzy Knight, step in to adjust matters. The action sequences are sufficient in number and excitement for the outdoor fan, who, however, might find the story not especially solid in its developments. The cast also includes Jeanne Kelly and Nell O'Day. Butch and Buddy and "The King's Men" sing a couple of melodies appropriate to the locale. Ray Taylor directed and Will Cowan was associate producer. Running: time, 59 minutes. "G."* Eugene Arneel *"G" denotes general classification. Mainwaring in East Dan Mainwaring, who has been connected with Warners' New York and Hollywood publicity staffs for some time, has rejoined the New York publicity staff under Mort Blu- menstock. Make No Change in Milwaukee Prices Milwaukee, Oct. 6. — Milwaukee first runs have made no change in adult admission prices as a result of the new Federal tax, which has, how- ever, been added to children's admis- sions. The Warner is now charging 17 cents for children's admis- sions, while the Fox first runs have raised their usual 10-cent admissions for children to 13 cents and added the two-cent tax to make it a 15-cent total. Independent neighborhood houses, which previously did not come under the Federal tax, are passing it on to the patron. In some cases houses which charged 15 cents are now charging 18 cents and adding the tax to make a 20-cent total for adults. Three Firms Chartered Albany, Oct. 6. — Three companies have been formed here. They are Featurettes, Inc., New York, by John C. Kinsbrey, Davis M. Zimmerman and Sigmund F. Sendrowski ; Raybond Theatres Corp., New York, by Louis Rubin, Aaron W. Hoenig and Blanche Weiss, and The Playhouse, Inc., Buf- falo, by Andrew O. Gibson and Richard T. Kemper. Washington, Oct. 6. — Allied States' future procedure in the forma- tion of the proposed national joint in- dustry committee will be mapped by the organization's board of directors at a meeting late this month, Abram F. Myers, chairman and general coun- sel, said today. The meeting may be held Oct. 21. \ in Pittsburgh, in conjunction with xhjL, ] annual convention of the Allied MPTO" of Western Pennsylvania, he said. The joint industry proposal, which was rejected by a vote of the na- j tional Allied convention at Philadel- phia last month, has since been rati- fied by 12 Allied units which voted on the proposal during the 10 days following the convention. The latest to ratify was Northwest Allied. Only one unit, Connecticut Allied, rejected the plan. The Texas unit is conduct- ing its vote by mail and the returns are not expected to be in before the middle of the week. Myers' statement pointed to the "fine spirit" in which the units have acted on the measure and character- ized reports that the issue has "put Allied on the spot" as "attempts to sabotage constructive endeavors." New Company Formed Sacramento, Oct. 6. — Articles of incorporation were filed here by R. C. M. Productions, which proposes to produce and distribute motion pic- tures, radio and television programs. Directors are Roy L. Herndon, D. K. Bolsover and Sam Coslow of Los Angeles. MPTOA Backs Aim Of Industry Unity (Continued from page 1) Although the proposal for the all-in- dustry committee was advanced by Allied States, nowhere in the lengthy MPTOA bulletin is Allied mentioned. The bulletin asserts that MPTOA has traditionally worked for and joined in movements for better trade relations and declares that the organ- ization, "will not hesitate to cooperate fully with any other group sincerely interested in advancing our industry." It points out that the proposed unity is desirable in facing "the probable end of the consent decree selling sys- tem, the important trade problems left unsolved by the decree, the war emer- gency, the huge tax burdens of the present and future, for national de- fense activities, the constant threat of Government regulation by legislation and litigation." The bulletin suggests, however, that a plan of action for a joint committee be explored "before any new, elabo- rate organizations are set up to issue decrees and run the business." Comerford Moves Several Managers Wilkes-Barre, Pa., Oct. 6. — In a series of transfers and promotions by the Comerford Circuit in the Wilkes- Barre area, John Galvin, manager of the Penn Theatre, was transferred to the Irving, succeeding the late Fred Hermann. Paul Tighe, who was as- sistant to Galvin at the Penn, was promoted to manager. James Riley will remain at the Irving as assist- ant to Galvin. Other changes among assistant managers were: Frank Alexander, from the Orpheum to the Penn ; Jackson T. Eckenrode, from the Strand to the Orpheum ; John Grea- ney, from doorman at the Comerford to assistant manager at the Strand. Tom Broderick, who also was an as- sistant manager at the Irving, re- signed to enter a different business. Suspicion The master director of mystery- romance . . . the beautiful star of "Rebecca" ... a hitherto unre- vealed Cory Grant . . . THESE THREE MAKE MOVIE HISTORY with this amazing drama of a bride's love and terror, done with a power of suspense thrillingly new to the screen! IN "SUSPICION" CARY GRANT JOAN FONTAINE ■ with Sir Cedric Hardwicke • Nigel Brno Dame May Whitty DIRECTED BY ALFRED HITCHCOCK Screen Play by Samson Raphoelson, Joan Harrison, Alma Reville Liberty Magazine's sensational romantic serial zestfully brought to the screen . . . The story of a love affair that raised a thousand eyebrows in the nation's most shockproof playground — Palm Beach . . . A shop girl-millionaire romance with enough laughs and dreams-come-true for everybody. Unexpected Uncle "UNEXPECTED UNCLE" WITH ANNE SHIRLEY • JAMES CRAIG CHARLES COBURN Produced by Tay Garnett • Directed by Peter Godfrey Screen Play by Delmer Daves and Noel Langley Look Who's Laughing I Radio's "four-most" fun stars in a furious I fiesta of frenzied folly— forty-four times funnier than they've ever been on the air . . . with Lucille Ball in there for the gla- mour as she bombards Bashful Bergen and kindles Charlie Cordwood . . . IT'S THE LAUGH LIFT OF THE YEAR! EDGAR BERGEN and CHARLIE McCARTHY FIBBER McGEE and MOLLY LUCILLE BALL IN "LOOK WHO'S LAUGHING" Produced and Directed by ALLAN DWAN Story and Screen Play by James V. Kern The Mexican Spitfire's, Baby Lupe's got Leon on the lam again — all because of his interest in a poor, helpless war orphan (that's her in the photo up there, cuddling Leon) . . . Oh, baby, what fun! . . . It's slightly scandalous — but completely screwy — and a riot for the customers. LITE VELEZ • LEON ERROL IN "THE MEXICAN SPITFIRE'S BABY" WITH Charles "Buddy" Rogers • ZaSu Pitts Elisabeth Risdon • Fritz Feld PRODUCED BY CLIFF REID DIRECTED BY LESLIE GOODWINS Original Screen Play by Jerry Cady and Charles E. Roberts The Gay Falcon MICHAEL ARLEN's master crime-buster of fiction, brought to life on the screen by the star who played ''The Saint.". . . THE FIRST OF A GREAT NEW SERIES presenting the high spots in the career of the most charming adventurer who ever talked his way into a woman's heart. "THE GAY FALCON" WITH GEORGE SANDERS WENDY BARRIE Allen Jenkins • Anne Hunter Gladys Cooper • Edward Brophy R K O RADIO PICTURES Produced by Howard Benedict • Directed by Irving Reis Screen Play by Lynn Root and Frank Fenton ■4- THE SECOND FIVE FOR 1941 - 4 Tuesday. October 7. 1941 Motion Picture Daily 13 Appeal Board In Reversal Of N.Y. Award (Continued from page 1) : then consider the case on its merits. The technicality on which the I board based its ruling was the fact Utliat the complaint originally was rbrought by A. P. Papayanakos, vice- I president and treasurer of St. Law- rence Investors, Inc. The board held j that Papayanakos, as an officer of the company which owned the American Theatre, is not an exhibitor within ! the meaning of Section 8 of the con- sent decree and, therefore, is not eligi- ble to bring a complaint. The board i said that if a new complaint and sub- mission are filed at the Albany board within 10 days substituting the owning corporation for Papayanakos it would consider the case on its merits. Fatal Technicality The appeals board pointed out that the technicality was fatal because ar- bitration depends for its effectiveness upon the submission of the parties to the findings of an arbitrator, and that in cases of the kind considered only the owner or delegated authority of the theatre properly can commit the theatre. The board held Papayanakos did not meet that requirement. The appeal was the first to be taken by distributor respondents. It was appealed by Warners and RKO, whose original motion to dismiss the complaint on the technical grounds cited in the appeals board decision had been denied by the arbitrator. The case, also, was the first appeals de- cision to reverse an arbitrator's award, of the four cases which have been de- cided by the appeals board to date. Appeal N. J. Case Meanwhile, the decision of Paul L. Fitzpatrick, arbitrator, reducing the clearance of the Cort, Somerville, X. J., over the Raritan Theatre there, was appealed yesterday. The case is the twelfth to be taken to the na- tional appeals board. The decision was given Sept. 18. The case involved all five consenting companies. Dismisses Columbus Clearance Complaint Cincinnati, Oct. 6. — Anthony B. Dunlap, arbitrator, today gave a de- cision dismissing the clearance com- plaint of FYed Rowlands, owner of the Parsons Theatre, Columbus, against the five consenting companies and Xeth's Markham, Columbus. Costs were assessed against the plaintiff. The arbitrator found that the existing clearance between the two theatres was not unreasonable and pointed out that when similar clear- ance over another theatre had been offered the plaintiff, he did not refuse it because it was unreasonable but be- cause "it was not extended to an- other theatre under his control." To Appear Without Counsel In Washington Case Hearing Washington, Oct. 6. — Under an informal agreement reached today. Loew's and Sam Mellits. complaining exhibitor in a clearance case against the company at the local board, will present their case without benefit of lawyers. Reese Harrington, of the 'Anne of England' Will Open Tonight Gilbert Miller will present an historical play, "Anne of England," at the St. James tonight with Flora Robson and Barbara Everest playing the leading roles. It was written by Mary Cass Canfield and Ethel Borden and is based upon Norman Ginsbury's play, "Viceroy Sarah." Supporting players include Jessica Tandy, Frederic Worlock, Leo G. Car- roll and Elizabeth Inglise. intervening theatre, also has agreed to appear without counsel. Joseph A. Cantrel, attorney, has been designated arbitrator. The hearing is scheduled in a week or 10 days. Warners Eliminated from Complaint in Chicago Chicago, Oct. 6. — Warners has been eliminated as a respondent in the clearance complaint of K & S Theatre Corp. of North Chicago at the request of the plaintiff following a voluntary settlement. RKO remains a defendant in the complaint and time for selection of an arbitrator has been extended to Oct. 11. Postpone Hearing Again Of Connecticut Case New Haven, Oct. 6. — Hearing of the some run complaint of the College Open Air Theatre, Middletown, Conn., against the five consenting distribu- tors, which had been scheduled for to- day, has been postponed for the second time. A new hearing date is not set. Republic Expands Production Setup Under M. J. Siegel (Continued from page 1) it is planned, will hold four regional meetings a year in Hollywood, New Orleans, Chicago and New York. The first meeting under the new ar- rangement will be Oct. 20 in Holly- wood. The announcement stated that pro- duction budgets will be substantially increased, on the basis of 1941-'42 sales to date. Siegel for the last five years has been executive in sole charge of pro- duction, studio policy and the like, with individual producers reporting to him. Under the expanded setup, each of the two new production de- partment heads will have sole charge of their divisions, it was stated. Wilson formerly was studio pro- duction manager. He was brought here by Siegel four years ago from New York, where he was active in production. Brown came to the studio three years ago from the Republic home office. His latest activity was as producer of serials. Other promotions announced by Siegel include Max Schoenberg, who becomes production manager, and Herbert Mendelson, appointed his assistant. 'York' at $13,700 Cincinnati's Best Grosses Beat Heat Wave, World Series (Continued from page 1) the Dawn" and Xavier Cugat's or- chestra on the stage rolled up a Satur- day and Sunday gross estimated at $25,000. The show finishes its first week tonight with an estimated $61,000 expected. 'Yank' Continues Big "A Yank in the R. A. F." is con- tinuing its terrific pace at the Roxy, taking an estimated $36,000 Friday through Sunday of the second week, with a stage show. "It Started with Eve" with the stage presentation opened big at the Radio City Music Hall, doing an esti- mated $60,000 Thursday through Sunday, and will hold over. Also en- joying a good opening was "The Maltese Falcon," which, with Jan Savitt's orchestra on the stage, grossed an estimated $22,000 Friday through Sunday. It will play a sec- ond week. 'York' Ends Run "Sergeant York" completed an eight-week run at the Hollywood Sunday night and is slated to play the Strand beginning Oct. 17. In its final week at the Hollywood, the film brought an estimated $11,500. The eighth week of "Dr. Jekyll and Mr. Hyde" at the Astor was good for an estimated $8,500. The picture began a ninth week yesterday. "Great Guns" gave the Globe an estimated $4,300 Thursday through Sunday and will be replaced this Thursday by "Lady of the Tropics." "Bowery Blitzkrieg" had an estimated $5,200 week at the Rialto and was fol- lowed yesterday by "Burma Convoy." "Texas," a Columbia picture, is scheduled to open at Loew's State on Broadway Oct. 16, the company an- nounced. 'Foxes' Omaha High With Good $5,300 Omaha, Oct. 6. — "The Little Foxes," single-featured at the Bran- deis, was held for a second week after grossing $5,300 for the first week. The weather was cold and rainy. Estimated receipts for the week ending Sept. 30-Oct. 1 : "The Little Foxes" (RKO) BRANDEIS — (1,200) (30c-44c) 7 days. Gross: $5,300. (Average, $4,000) "Dr. Jekyll and Mr. Hyde" (M-G-M) "Tanks a Million" (U.A.) OMAHA— (2,000) (30c-44c) 7 days. Gross: $7,400. (Average, $6,000) "Lady Be Good" (M-G-M) "The Great Mr. Nobody" (W.B.) ORPHEUM — (3,000) (30c-44c) 7 days. Gross: $7,200. (Average, $7,000) RKO Closes 3 Deals On New Season Films RKO1 has closed two additional cir- cuit deals for the first two blocks of five pictures each for the new season. The deals have been closed with the R. E. Martin Circuit, covering 69 theatres in Georgia and Alabama, and the Skirball Circuit, involving six Ohio situations. Another deal, for the first block of five, has been closed with the Joe Lawrence Circuit, for 11 houses in Montana, Idaho and Utah. Name Phila. Arbitrator; Another Case Delayed Philadelphia, Oct. 6. — A. M. Boyd, General Electric executive, has been selected as arbitrator in the clearance complaint of Lewen Pizor in behalf of his Tioga Theatre, with hearing set for Oct. 15. Hearing of the clearance complaint filed by A. M. Ellis in behalf of the Broad Theatre scheduled for Wed- nesday, has been postponed until Oct. 14. Mexico Film Strike Advanced to Oct. 9 (Continued from page 1) by advancing to next Thursday the deadline for the three companies to accept its demands. The companies on Sept. 29 had been given until Oct. 14 to acquiesce. The strike against Paramount and RKO today was legalized by the Fed- eral board of Conciliation and Arbi- tration, which means that the com- panies will be required to pay wages during the strike, the same as M-G-M and Columbia. Considerable specula- tion has arisen over the failure of the board to legalize the strike against Warners, which started Sept. 17. Meanwhile, film service by the major companies has been halted either through the strike or by notice to accounts. Bannell in AAA Post M. F. Bannell has been appointed publicity representative for the Amer- ican Arbitration Association, succeed- ing Lawrence Stessin, who resigned last week to accept a new position. Cincinnati, Oct. 6. — "Sergeant York" had a big $13,700 at the RKO Capitol at advanced prices, while Brenda and Cobina on the RKO Shu- bert stage helped "Tillie, the Toiler" to a $14,000 gross. "Lady Be Good" pulled $13,000 at the RKO Albee. Estimated receipts for the week ending Oct. 1-4 : "Lady Be Good" (M-G-M) RKO ALBEE— (3,300) (33c-40c-50c) 7 days. Gross: $13,000. (Average, $12,000) "Belle Starr" (ZOth-Fox) RKO PALACE — (2,700) (33c-40c-50c) 7 days. Gross: $7,500. (Average, $10,000) "Tillie, the Toiler" (Col.) RKO SHU BERT— (2,150) (33c-44c-60c) 7 days. Stage: Brenda and Cobina and acts. Gross: $14,000. (Average, $10,000) "Sergeant York" (W.B.) RKO CAPITOL— (2,000) (44c-50c-60c) 7 days. Gross: $13,700. (Average, at 33c, 40c, 50c, $5,500) "Unfinished Business" (Univ.) RKO GRAND— (1,500) (33c-40c-50c) 7 days, 2nd week. Gross: $4,200. (Average, $5,000) "Sun Valley Serenade" (20th-Fox) RKO LYRTC— (1,400) (28c-33c-42c) 7 days, 4th week. Gross: $2,300. (Average, $4,500) "Rags to Riches" (Rep.) "Highway West" (W.B.) RKO FAMILY— (1,000) (15c-28c) 4 days. Gross: $1,200. (Average, $1,200) "Private Nurse" (20th-Fox) "Mail Train" (ZOth-Fox) RKO FAMILY— (1,000) (15c-28c) 3 days. Gross: $800. (Average, $800) "Navy Blues" (W.B.) KEITH'S — (1,500) (33c-40c-50c) 7 days, 2nd week. Gross: $3,500. (Average, $5,000) Two Join PRC Staff George Becker has been transferred from the Detroit exchange of Pro- ducers Releasing Corp. to the Cleve- land branch and has been succeeded in Detroit by Bert Tighe, formerly of Universal. Herbert Ives, formerly with RKO, has been named Detroit booker for PRC, replacing Carl Zip- per, resigned. MOTION PICTURE DAILY Off the Antenna MUTUAL yesterday called a meeting of managers of the 125 stations which will carry the Cocoa-Cola show, to be held in Atlantic City Thursday and Friday. The program will start on the network Nov. 3. Officials of the network, the sponsor and the D'Arcy advertising agency will discuss publicity, dealer tieups and promotion. John T. Vorpe, formerly with WHK and WTAM, both in Cleveland, has been named to a newly created post of program service supervisor, and will concentrate on the Coca Cola show. The station managers will also hold a meeting to consider general net- work problems. • • • Purely Personal: W ally Butterworth yesterday went to the Fort Sanders Hospital, Knoxville, Tenn., until ptomaine poisoning. Bill Divens, WBT, Charlotte, announcer , substituted for him on the "Vox Pop" show last night. . . . Alan Courtney, conductor of the "1130 Club" over WOV, has been signed for a number of musical shorts by Paramount. . . . Phil Cohen has joined WNYC as director of production and acting program director. . . . Dr. Harry J. Skornia has resigned as assistant professor at DePamu Uni- versity to join WIRE, Indianapolis, as program manager. . . . Richard Eaton will join Mutual Friday to start a series of five-times-weekly commentaries over the network. • • • Bob Trout, CBS special events announcer and commentator, will leave for London by clipper Oct. 14 to act as the network's European news head while Edward R. Murrow takes a vacation. Murrow will remain with Trout until November and then will leave for a visit of several months in this country. • • • NBC yesterday reported that it had broadcast a total of 627 defense programs over the Red and Blue networks in the six-month period ended July 31. NBC itself prepared 180 of these. Of the others 15 were presented with the cooperation of the U. S. Treasury; 10, War Department; 12, Navy Department; 222, Government administrative agencies; 153, special organiza- tions, and 35, various service groups. The Red carried 154 of these shows and 473 were broadcast by the Blue. In addition, WEAF and WJZ carried 60 individual broadcasts and 1,063 spot announcements for defense. Of the spots, 542 were concerned with recruiting ; 491, Defense Bonds, and 12 for Red Cross Reserve, nurse recruiting and blood bank appeals. • • • Program News: WENR, Chicago, has obtained exclusive rights to Sunday and Thursday home hockey games of the Chicago Black Hawks. . . . Lever Bros, will resume "Big Town" with Edward G. Robinson over 53 CBS stations tomorrow 8-8:30 P.M. . . . NBC Symphony concerts will be short- waved to Latin America by NBC. Announcements will be made in Portu- guese' and Spanish. 14 AFM Restriction on RCAF Bands Scored Ottawa, Oct. 6.— W. T. Burford, secretary-treasurer of the Canadian Federation of Labor, strongly con- demns the action of the Toronto local of the American Federation of Mu- sicians in attempting to impose re- strictions on broadcasting and record- ings by Royal Canadian Air Force bands. "This is not the first time this union has shown its indifference to patriotic endeavors in this country," Burford asserted, recalling the union had at- tempted recently to interfere with the use of a military band at a military funeral. The Toronto local had banned use of the RCAF and Royal Canadian Mounted Police bands from the CBC network and from making recordings for use overseas. CBC officials de- clared that the local had threatened to cut off all exchange features with CBS, NBC and Mutual if military bands were used on CBC. A Govern- ment source disclosed that the To- ronto local had demanded $12,000 in extra wage allowances if radio pro- grams were to be transcribed for shipment to troops overseas. American Federation of Musicians headquarters in New York refused comment on the Canadian situation, stating that the matter was entirely in the hands of its Canadian represen- tatives. W.B. Circuit Shifts Chicago Zone Men Chicago, Oct. 6. — A' number of manager changes have been made by the Warner Circuit in this zone. Al Blasko goes from manager of the Parthenon, Hammond, Ind., to manager of the Oriental Milwaukee ; Jerry MacWhorter, former manager of the Hamilton, Chicago, is now manager of the Tower, Milwaukee ; Harry Mintz, manager of the Para- mount, Hammond, moves to manager of the Parthenon, Hammond, and Ray Dunn, manager of the Orpheum, Hammond, becomes manager of the Paramount, Hammond ; Tom Bonk, assistant manager of the Parthenon, moves to manager of the Orpheum, Hammond ; Waldon Ryan, assistant manager of the Venetian, Racine, Wis., to manager of the Hamilton, Chicago. Also, Richard Fahey moves from assistant manager of the Hamilton, Chicago, to assistant manager of the Parthenon, Hammond ; Martin Hart, chief of service at the Avalon, Chi- cago, to assistant manager at the Hamilton, Chicago; George Danek, chief usher at the Stratford, Chicago, to assistant manager at the Frolic, Chicago ; Chris Demos, assistant manager at the Frolic, to assistant manager at the Highland, Chicago, and Phil Shire, assistant manager at the Highland to assistant manager at the Venetian, Racine, Wis. Para. Sued on Songs Paramount Pictures, Inc., and Ju- anita Hall are defendants in a suit for an injunction and $25,000 damages filed in U. S. District Court here by the Clarence Williams Music Publish- ing Co., Inc. Paramount is charged with using two songs in its film, "Sugar Wind," without the plaintiff's permission. FCC Charged With Attempt to Make Law Washington, Oct. 6. — Charges that it was attempting to invoke a "law-making power" which Congress never intended it to have were leveled against the FCC today in argument on its proposed prohibition against any single interest owning more than one station in any area. Counsel for NBC and the Buffalo Broadcasting Corp. and others who would be affected by the rule con- tended that it could not be enforced in the absence of specific authority from Congress and that it was both un- necessary and undesirable. The hearing was concluded late this afternoon, with Chairman James L. Fly announcing that the matter would be taken under consideration. Industry to Plan Army, Navy Shows (Continued from page 1) Phillips, executive director, and Eddie Dowling, actor-producer, of the New York Citizens Defense Committee. Discussion at the meeting will cen- ter around the series of test shows given by the film industry at a number of camps last summer and will cover the financial, programming, transporta- tion and other problems involved in a long range program of this nature. Jack Cunningham Rites Hollywood, Oct. 6. — Funeral serv- ices for Jack Cunningham, 59, veteran screen writer, were held today. He died Saturday after an illness of three years. Tuesday, October 7, 194 Theatre Changes Plan 2 in Philadelphia Area Philadelphia, Oct. 6. — Plans fci the construction of two new houses in the territory with the reopening bj another house, long dark, are axJ nounced. At York, Pa., Charles Mat- Donald, operator of the Souther r there, plans a new 500-seat house, be called the Mayfair, at a cost $100,000. A new theatre being con* structed in Trenton, N. J., for the Hildinger-Henry Corp. will also be known as the Mayfair. In addition. Max M. Korr, operator of the Eark, Allentown, Pa., has taken over th': long-dark Capitol in Reading. Th Series highlights as U'cll as coverage important football games, which sp> is now slated to supplant baseball sports material in forthcoming rei War news comes chiefly frovf~t I Near East. The contents: ^' v'P MOVIETONE NEWS, No. » — Supre ' Court convenes. Army maneuvers in Soi Carolina. Windsors in Alberta. Bri'; troops in Near East. War casualties arri in Sydney. World Series. Football: Per Harvard, Tulane-Auburn. NEWS OF THE DAY, No. 207— Wr Series. Notre Dame-Indiana, Fordham M. U. football. War games in South Cai lina. Roosevelt supports charity dri' Supreme Court in session. Churchill grc-i young adventurers in England. PARAMOUNT NEWS, No. 12-Windsr at Alberta ranch. Parachutist perched al j Wyoming mountain. Conway, N. H., g J found after eight-day search (shipped sen rately). War situation in Cyprus, Iran a Tobruk. World Series. RKO PATHE NEWS, No. 12— Siege Tobruk. New justices in Supreme Cou Churchill and boy adventurers. Winds' in Alberta. "One Foot in Heaven" pi J miere in Washington. Cyprus prepares invasion. Fordham-S. M. U., Duke-T< 4* nessee football. World Series. ■ UNIVERSAL NEWSREEL, No. 21— \\ games in South Carolina. Iran campaij Windsors in Alberta. Washington p miere of "One Foot in Heaven." O! State-U. S. C, Duke -Tennessee footb: World Series. Phila. Club Auxiliar Will Install Toda Philadelphia, Oct. 7. — The Ladi Auxiliary of the Variety Club w install officers for the coming year a luncheon tomorrow in their clu room in the Bellevue-Stratford Hot' The incoming president is Mrs. Elm Wilschke with Mrs. Charles Zagra retiring from the office. The latest a tivity of the Auxiliary was the pu chase of a $1,000 bus-ambulance transport crippled children to and fro the public schools. Frank L. McNamee will be gener chairman of the Variety Club's annu banquet on Dec. 11 at the Belle vu Stratford. In Chicago Theatre Poi Chicago, Oct. 7. — Ben Newman h; succeeded Robert Montgomery as pre representative of the Oriental Theat here. MOTION PICTURE DAI IY (.Registered U. S. Patent Office) Published daily except Saturday, Sunday a: holidays by Quigley Publishing Compan Inc, 1270 Sixth Avenue, Rockefeller Centi- New York City. Telephone Circle 7-31C Cable address. "Quigpubco, New York." M; tin Quigley, Editor-in-Chief and Publisht Colvin Brown, Vice-President and Genei Manager; Watterson R. Rothacker, Vi< President; Sam Shain, Editor; Alfred Finestone, Managing Editor; James Cron, Advertising Manager; Chicago Burea 624 South Michigan Avenue, C. B. O'Nei Manager; Hollywood Bureau, Postal Unic Life Building, William R. Weaver, Edito Leon Friedman, Manager; London Burea 4 Golden Square, London Wl ; Hope W liams. Manager, cable address "Quigpubc London." All contents copyrighted 1941 i Quigley Publishing Company, Inc. Oth Quigley publications: Motion Picture Heral | Better Theatres, International Motion P; ture Almanac and Fame. Entered as secoi class matter, Sept. 23, 1938, at the pc 1 office at New York, N. Y., under the act March 3, 1879. Subscription rates per ye $6 in the Americas and $12 foreign. Sing ! copies 10c #dnesJav, October 8, 1941 Motion Picture Daily 1 3 ^adies Meet' Hits $16,000, Philadelphia Philadelphia, Oct. 7. — Business sluggish last week in face of the gious holidays and the reopening of J^hallrooms in the city, each featur- HffY> name bands. "When Ladies I f^at the Boyd drew $16,000 while armon of Michigan," with Jan Sav- orchestra on the stage, gave the He $20,000. •stimated receipts for the week end- Sept. 30-Oct. 3 : jor Barbara" (U. A.) DINE— (1,400) (35c-41c-46c-57c-68c) Gross: $7,000. (Average, $9,000) 3 . JekyU and Mr. Hyde" (M-G-M) SOADIA— (600) (35c-46c-57c) 7 days, 2nd 2nd week. Gross: $3,000. (Average, ft) aen Ladies Meet" (M-G-M) 3 YD — (2,400) (35c-41c-46c-57c-68c) Gross: $16,000. (Average, $13,000) nnon of Michigan" (Col.) \RLE — (4.000) (35c-41c-46c-57c-68c) s. Vaudeville including Jan Savitt's c-tra. Allan DeWitt. The Four Top . Al Lepoi, Toy & Wing. The Whitson hers and Rufe Davis. Gross: $20,000. 'I crage. $14,000) essed to Kill" (ZOth-Fox) W'S— (2,190) (15c-29c-35c-46c-57c) 5 ». Vaudeville including Eve Arden. any Burke, Cina & Cortcz, Miller- Wat- & Byrne, Robert Baxter, Gae Foster yettes and Billy Klaiss' orchestra. :s: $6,900. (Average. $6,900) is Woman Is Mine" (Univ.) JX— (3,000) (35c-41c-46c-57c-68c) 7 days, bs: $10,000. Average. $13,000) re Comes Mr. Jordan" (Col.) pRLTON— (1,000) (35c -41c -46c -57c -68c) 7 i, 2nd run. Gross: $6,000. (Average, Be Good" (M-G-M) EITH'S— (2,200) (35c-41c-46c-57c-68c) 7 2nd run. Gross: $4,800. (Average. ») thing But the Truth" (Para.) AN LEY— (2,700) (35c-41c-46c-57c-68c) 7 -. 2nd week. Gross: $11,500. (Average, •00) : l: $5,000. (Average, $4,500) oxes' Holds Pace it $11,000 in Buffalo i-fTALO, Oct. 7. — "The Little /ces" continued strong in a second k at the Twentieth Century with 000. "Navy Blues" and "Man At tge" made $13,200 at the Buffalo, stimated receipts for the week end- i Oct. 4: vy Blues" W. B.) in At Large" (ZOth-Fox) p FFALO — (3.489) (35c-55c) ; s>: $13,200. (Average, $12,000) dy Be Good" (M-G-M) ? Go Fast" (ZOth-Fox) =REAT LAKES— (3.000) (35c-55c) -: $8,900. (Average, $7,500) »e Bomber" (W. B.) arlie Chan in Rio" (20th-Fox) IPPODROME— (2.100) (30c-50c) 7 days, week. Gross: $6,300. (Average, $6,800) e Little Foxes" (RKO) sYENTIETH CENTURY-( 3.000 (35c- 7 days, 2nd week. Gross: $11,000. jerage. $7,500) finished Business" (Univ.) ■cn'ight in Hawaii" (Univ.) f FAYETTE-(3.000) (30c-44c) 7 days. »s: $7,700. (Average, $6,300) days. days. Reviews ilson Now Heads Pittsburgh AGVA Pittsburgh, Oct. 7.— Officers elect- . here by the American Guild of ' iety Artists w ere Jack Wilson, ;ident; P. J. McDonough, Lou It, Phil Lowery, Margaret Peka, tis Coley, and Cornell Cooper, -presidents. Eva Herbert was ied treasurer, and Carol Gould, >rding secretary. Nat Nazzarro, continues as executive secretary. "Texas" (Columbia— 1941-'42 Release) \AT H ETHER director George Marshall or producer Samuel Bischoff set out to prove that the western formula is still one of the best for motion pictures when done with imagination and spirit, or whether they set out simply to make a picture which will be box-office for all kinds of audiences, old and young, sophisticated and naive, the fact is that both objectives have been achieved in "Texas." The prizefight between William Holden and Lyle Lytell, staged under the rules which existed before the Marquis of Queensbury laid down his own set of boxing laws, deserves to go down in film annals as one of the funniest sports events ever screened. The picture, set in Texas immediately after the Civil War, relies for its appeal on the almost standard plot of westerns — cattle rustling, dis honest leading citizens, gunplay, hard riding and fist fights. It triumphs, however, by the adroit use of these commonplace situations and an excellent cast. Holden and his pal, Glenn Ford, are cast as two adven turers ; Claire Trevor is the daughter of a ranch owner killed by the rustler gang ; George Bancroft is head of the gang ; Edgar Buchanan gives a topnotch performance as a rural dentist in league with the thieves, and Andrew Tombes gives another first rate performance as one of the gunmen. When Holden and Ford are forced to separate, the former joins with the outlaw gang while the latter seeks the right side of the law. Both fall in love with Miss Trevor but the ultimate death of Holden resolves the triangle. Running time, 94 minutes. "G."* Edward Greif 6Honky Tonk' With $33,500 Leads Boston "Dangerous Lady" (Producers Releasing — 1941-'42 Release) O OXFUSED direction of a murder mystery story that is itself ^ involved hampers the movement in this picture. It is chiefly an assortment of illogical murders and over-dramatic situations with comedy effects added. June Storey, Xeil Hamilton, Douglas Fowley, John Holland and Emmett Vogan are principally concerned in the melodrama, whose theme is the private detective and his attorney wife vying with the police in solving a series of crimes. Bernard B. Ray produced and directed, with George R. Batcheller in charge of production. Running time, 66 minutes. "G."* Eugene Arneel 'G" denotes general classification. "The Man Who Seeks the Truth" (Dome Films, Inc.) A FRENCH importation, one of the last, obviously, this somewhat philosophical film treatise features the very capable person of Raimu, one of the ablest of French film performers. This interesting satire pictures the effort of an honest man to learn the truth, by the simple but ingenious device of feigning complete deafness, thus learning exactly what those who fawn upon him really think of him. They include the sponging sister and brother-in-law, the girl with whom he is in love, the boy who is like a son to him, and his own butler. Only one, an old friend and employe in the bank of which Raimu is the head, knows his secret, and he keeps silent. The film is definitely for adult audiences of those metropolitan thea- tres which cater to the so-called more sophisticated type of audience. Alexander Esway directed with skill. The production was by J. Ber- cholz for Gibe-Films of Paris, and is said to have been completed shortly before the fall of France. English subtitles are ample and complete. Running time, 75 minutes. "A."* Charles S. Aaronson *"A" denotes adult classification. Grant, Massey in 'Old Lace' Hollywood, Oct. 7. — Cary Grant and Raymond Massey have been signed for "Arsenic and Old Lace," which Frank Capra will produce for Warners. RKO Sets Shirley, Murphy Hollywood, Oct. 7. — Anne Shirley and George Murphy have been set by RKO to co-star in "Mayor of 44th St.," which Alfred E. Green will direct. 'Blues' Opening City Not Yet Determined Paramount has not yet determined whether the Oct. 31 world premiere of Paramount's "Birth of the Blues" will be held in Memphis or New Or- leans. It was originally scheduled for Memphis, but Gov. Sam H. Jones of Louisiana in a telegram to Y. Frank Freeman, Paramount vice-president in charge of the studio, has asked that the premiere be held in New Orleans. Boston, _ Oct. 7.— "Honky Tonk" coupled with "Harmon of Michigan" gave the Loew's State and Orpheum a total gross of $33,500. "Sun Valley Serenade" and "The Gay Falcon" in the second week at the Keith Memo- rial grossed $17,500. Estimated receipts for the week end- ing Oct. 1-3 : "Mexican Spitfire" (RKO) KEITH BOSTON — (2,697) (28c-44c-55c- 65c) 7 days. Vaudeville including the Three Stooges and John Boles. Gross: $10,100. (Average, $8,000) "Sun Valley Serenade" (ZOth-Fox) "The Gay Falcon" (RKO) KEITH. MEMORIAL— (2.907) 28c-33c-44c- 55c) 7 days, 2nd week. Gross: $17,500. (Average, $16,000) "Navy Blues" (W. B.) "Highway West" (W. B.) METROPOLITAN— (4,367) (28c-39c-44c- 55c) 7 days. Gross: $11,600. (Average, $15,500) "Hold Back the Dawn" (Para.) "Henry AJdrich for President" (Para.) PARAMOUNT — (1,797) (28c-39c-44c-55c) 7 days, 2nd run. Gross: $9,000. (Average. $7,500) "Hold Back The Dawn" (Para.) "Henry Aldrich for President" (Para.) FENWAY— (1,320) (28c -39c -44c -55c) 7 days, 2nd run. Gross: $4,800. (Average, $4,500) "New York Town" (Para.) "Flying Blind" (Para.) SCOLLAY— (2,500) (28c-39c-44c-55c) 7 days, 2nd run. Gross: $3,900. (Average $4,000) ' "Honky Tonk" (M-G-M) "Harmon of Michigan" (Colo.) LOEW'S STATE-(3,000) (28c-33c-44c- 55c) 7 days. Gross: $15,500. (Average, $1 2,000) ^Honky Tonk" (M-G-M) "Harmon of Michigan" (Col.) LOEW'S ORPHEUM— (2.900) (38c-33c- 44c-55c) 7 days. Gross: $18,000. (Average, $1/ ,500) 'Dawn' Kansas City Winner with $8,500 Kansas City, Oct. 7.— "Hold Back the Dawn" scored $8,500 at the New- man, leading on a comparative basis You'll Never Get Rich" and "Har- mon of Michigan" at the Midland took $9,500. Estimated receipts for the week ending Oct. 2: 'Belle Starr" (ZOth-Fox) "This Woman Is Mine" (Univ.) ESQUIRE— (800) (30c-44c) 8 days, 2nd $2,000. (Aver- Gros 7 days. 7 days. week "Belle Sta ige, $2,200) "You'll Never Get Rich" (Col.) "Harmon of Michigan" (Col.) MIDLAND — (3,600) (28c-44c) Gross: $9,500. (Average,- $8,500) "Hold Back the Dawn" (Para.) NEWMAN — (1,900) (28c-44c) Gross: $8,500. (Average, $7,000) 'Dive Bomber" (W.B.-F.N.) ORPHEUM— (1,900) (28c-44c) 7 days, 2nd week. Gross: $5,500. (Average, $5,000) Ice Capades" (Rep.) TOWER— (2.200) (30c) 7 days. Stage: Tyler and Renaud, June Hart, Three Orantos, Reynolds and Roberts. Gross: $7,200. (Average, $6,000) "Belle Starr" (20th-Fox) 'This Woman Is Mine" (Univ.) UPTOWN— (2,000) (30c-44c) 7 days, 2nd week "Belle Starr." Gross: $2,500. (Aver- age, $3,000) Libson Will Aids Charity Cincinnati, Oct. 7. — Three local synagogues and Jewish organizations, as well as institutions in Cleveland and Denver were beneficiaries under the will of Abe Libson, secretary and treasurer of several picture operating companies, who died recently of a heart attack. Bequests also were made to his widow, his brother, Isaac Lib- son and other members of the family. The adver- tisement to the left appeared in the trade press a year ago. SHAKE! SEAL OF AN M-G-M DEAL! IT'S BEEN TRUE FOR 17 YEARS! IT'S TRUE TODAY! A TURNER KY TONK" The Capitol, N. Y. goes into its 2nd week! i" HONKY I TO N) K° THE FRIENDLY COMPANY IS A BALL OF FIRE! "Honky Tonk" held over everywhere! First 42 engagements doing 229% of normal biz. The fans are delirious about it! Clear the decks for that Clark Gable-Lana Turner "Honky Tonk" kiss — it's cyclonic! Whee! That M-G-M Lion Is running wild. Not in all his Metro-golden years Has he equalled This season's flying start ! Beginning with "When Ladies Meet" "Dr.Jekyli&Mr.Hyde" "Lady Be Good" M-G-M now delivers the Bonanza "Honky Tonk." Watch for trade shows on "Unholy Partners," "Chocolate Soldier" "Two-Faced Woman" "Shadow of the Thin Man." You'll see HITS! HITS! HITS! All year long from Leo. The Friendly Lion will Never let you down! 6 Motion Picture Daily Wednesday, October 8, 1 Several Under Consideration For U.A. Head {Continued from page 1) ers expect will bring fresh financ- ing into U. A. Arthur W. Kelly, vice-president in charge of distribution, is the present active head. The establishment of a new admin- istrative setup for United Artists de- pends upon who will be selected for the presidency. Although the stock- holders are scheduled to meet tomor- row to discuss this matter, it is held by observers not to be certain that the presidency will be disposed of at that time. David O. Selznick is expected in Chicago from California tomorrow by train. Whether he is coming on for the meeting by plane since that is the only way in which he can arrive on time for the meeting does not seem to be known at the home office. Alexan- der Korda and Mary Pickford are already here. Actually, the final papers in the Selznick deal have not been signed but all parties are confident that the deal will go through as announced on the Coast, as soon as the administra- tive setup is decided upon, if not be- fore that. Selznick's ultimate interest of stock, it is stated, will amount to one-sixth of the authorized shares of U. A., or one-fourth of the outstanding stock. Approval Sought for Fox Claim Settlement Leopold Porrino and Kenneth P. Steinrich, trustees of Fox Theatres Corp., asked the N. Y. Supreme Court yesterday for approval of a proposed settlement of claims and counter- claims between the company and Wil- liam Fox. Under the proposed set- tlement set forth in the application Fox would pay $25,000 to the com- pany and releases would be exchanged as a final settlement of all disputes. The application pointed out that while the_ company has substantial claims against Fox, he has filed coun- ter-claims in excess of $7,000,000. In addition, the petition said further pro- ceedings against Fox probably would cost in excess of $250,000, with the results of litigation dubious. The trustees stated that approval of the settlement would make available to other creditors the sum of $85,000 now held by the trustees in reserve as Fox's proportionate share of dividends. Porrino and Steinrich were designated by the Federal Court as trustees in a plan which calls for the final liquida- tion of the assets of Fox Theatres. Storm Damage Light To Theatres in K.C. Kansas City, Oct. 7.— The tornado which yesterday struck the Eastern part of this city and the interurban district damaged the roof of one thea- tre in Fairmount, suburban commun- ity, where street traffic was halted today because of fallen trees. One other outlying theatre was closed last night when electric power failed. Downpours of rain over most of this city yesterday afternoon cut evening theatre attendance. Average U.S. Family Spent $11 for Films in 1935-1936 Washington, Oct. 7. — The average American family spent $11 for motion picture theatre admissions in 1935-'36, but by income levels the expenditure ranged from $2 for families with less than $500 a year to $51 for those with $10,000 or more, it was reported to- night by the National Resources Plan- ning Board. Reporting on the purchasing power of the country, the board showed that city dwellers spent two to three times as much on motion pictures as farm families in the same income bracket. This difference ranged between $2 for farm families and $6 each for rural non-farm families and urban families with income of $500 to $1,000, and $20 for farm families and $34 for rural non-farm families and $44 for city families with income of $5,000 to $10,000 a year. Motion pictures were found to be the most important single source of recreation for families in the lower income brackets but less important to families with substantial incomes. Among families with incomes under $500 a year, one-third of the recrea- tional expenditures were for admis- sions, but for families with $10,000 or more motion pictures accounted for less than 10 per cent. For the country as a whole, it was estimated that film theatre admissions accounted for ap- proximately 25 per cent of all recrea- tion expenditures. 1939 Deal Decided Valid Under Decree (Continued from page 1) chise entered into in 1939 and that the three-year deal was a valid one. The ruling exempts the deal from the block-of-five provision of the decree for this season. Among those attending the hearing were : Thomas D. Thacher and Louis Phillips, Paramount attorneys ; E. W. Aaron, M-G-M ; Maurice N. Wolf, M-G-M New England district man- ager, and Benjamin Trustman, Bos- ton attorney. Glenda Farrell Cast Hollywood, Oct. 7. — Glenda Farrell has been signed by Edward Small for "Twin Beds," replacing Binnie Barnes, ivho is ill. Mich. Allied Opens Annual Convention (Continued from page 1) Paramount, at the business session. "All the people I know in the mo- tion picture business are good Ameri- cans, and the only 'isms' they love are Americanism and patriotism," Lee told the delegates. "We must continue to believe in and express ourselves in favor of Americanism with the same fervor and energy as does the fanatical propagandist of anti-Americanisms. "Equally with industry leadership, the community exhibitor shares the responsibility of interpreting to the world the motives and conduct of the institution of the motion picture. To- gether they give to this business its personality and its very good charac- ter." Warners Will Abid! By Decree in Minri Situation: Sear; (Continued from page 1) of revenue and more particularly loss of public response to its gr new season's attractions, but the sponsibility is not Vitagraph's but 1 at the door of that exhibitor gro who sponsored this legislation," stated. Indicating, however, that a final decision as to Warners' future course in Minnesota has not been made, Sears said: "Whatever course of action de- cided upon by this company as to its future course of business in Minnesota will be done inde- pendently and without meeting with anyone." The six companies opposing tl Minnesota law have until Oct. 23 take action either on an appeal fro the decision denying them an injun tion against enforcement of the law on an application to Federal Judg Henry W. Goddard here for an e> emption from the decree's sellin method insofar as Minnesota is cor cerned. As company attorneys made ai rangements for conferring on th problem with sales and other com, pany executives yesterday, there ap peared to be no unanimity of view points among them, giving rise t , speculation that several may elect t follow different courses of action. South Eases Sunday Ban For Soldiers 9 Film Shows (Continued from page 1) relaxing the laws for Sunday film shows. In addition, the USO has sound trucks in operation to accompanying the various armies. Frequently, the men find themselves 40 to 50 miles from the nearest town at the end of the day, it was said, and mobile film units are therefore necessary. The trucks play records for about 30 min- utes and follow it with shorts and a feature film. There were three trucks in operation in Louisiana and four were planned for the Carolinas. Ap- proximately 3,000 men can watch the film simultaneously, it was said, and efforts are made to conduct more than one show a night. For Maneuvers Only It was explained at USO offices that the effort to obtain relaxation of Sab- bath laws extended only to the loca- tions and the periods of maneuvers and there was no effort contemplated to obtain Sunday film shows in such areas near camps where they are now forbidden. Ordinarily, the USO con- ducts its activities away from camps but makes an exception during ma- neuvers, it was said by officials. Meanwhile, the Citizens Committee for the Army and Navy, which pro- vides free entertainment in camps, re- ported yesterday that it has under discussion with the War Department a plan for indoor stage shows after cold weather forces discontinuance of outdoor programs. Eddie Dowling has been named director of this phase of the committee's program. Up to yesterday, the committee had given 1,037 shows to an estimated total of 3,200,000 in the audiences. Unaffected by Pay Rule An official of the committee stated that it was not affected by the recent Theatre Authority ruling that all per- formers appearing at Army and Navy camps must be paid. It was pointed out that the committee has always paid talent and production heads. However, at Theatre Authority offices it was said that the committee's pro- gram, although extensive, failed to meet all entertainment needs and many individual camp groups had re- quested talent to appear without pay- ment. Such groups will now be com- pelled to pay the performers, it was said. F.P. Canadian Buys Imperial in Ottawt Toronto, Oct. 7. — Famous Player Canadian Corp-, has bought for casl the Imperial Theatre in Ottawa, Ont. for a price of $77,500, according t< the official data filed with the Regis try Office for September. The pur chase was made from the estate o: Daniel O'Connor. With the acquisition of the Genevj Theatre, Orillia, Ont, a unit of thr former Hanson circuit, by 20th Cen- tury Theatres, a number of changes ir personnel have been made by the affili- ate of Famous Players Canadian. Ralph Tiede, manager of the new Centre Theatre, Chatham, has been appointed manager of the Geneva in succession to Grant Garrette, trans- ferred to the Toronto office of Odeon. Harold Horton, former assistant at the Vanity, Windsor, has been named to the Chatham Centre. Harland Rankin has been promoted to super-, visor of the Centre and Park, Chatham. Ohio ITO Scores Senate Film Probe (Continued from page 1) viciously to influence and arouse prejudice — racial, religious and polit- ical— and to defame and discredit mo- tion pictures and all those engaged in the business. "The board of directors denounce the entire proceedings as unfair, biased and un-American." Miss Massey on Tour Ilona Massey and her husband, Alan Curtis, have left Hollywood on a transcontinental tour, planning to visit a number of cities on their way East. fednesday, October 8, 1941 Motion Picture Daily 7 Inhibitors in Mexico Face Sharp Decline 1 I {Continued from page 1) •lihuahua City, Guadalajara, the astern metropolis that is Mexico's j- I largest city, along the Pacific Pfc^and in many parts of the South, E reported to have asked the Fed- " u Board of Conciliation and Arbi- /ttion for authorization to reduce rsonnel and pay, explaining that *>r programs are steadily decreasing ;;ir business. It is said that the .ard will be obliged to grant this rmission, though film labor is loud- J protesting against it. Varied Programs ' Local theatres are presenting odd '■ ograms. Only one of the six local st runs, the Magerit, is featuring a l ajor American picture, "Torn, Dick '.d Harry" (RKO). The Olimpia is NBying an American, "Misbehaving :usbands" (PRC) second to a inch film. The Alameda is exhibit- ^ a Mexican picture. A French film the feature at the Rex. An Argen- ie has the lead at the Iris. The »lacio Chino is cleaning up with the test Mexican, "Ay, Que Tiempos, irnor Don Simon" ("Those Were B Days, Senor Don Simon"), musi- 1 comedy produced by Films Mun- iles, whose manager, Agustin Fink, now in Hollywood. This picture S already set a box-office record for Mexican film, grossing $23,500 in first 15 days at 55 cents for the st two weeks and now, in its third ■tk, at 32 cents. Even stranger fare is the order of ings in the subsequent runs. Such i timers as "Lloyd's of London" are ting exhibited. Lots of Argentines d old Mexican films are being own. But the biggest of them, the me Colonial, seating 6,000, is exhib- tig "That Hamilton Woman" J. A.) and oddly, "Kit Carson," lich was recently forbidden by the >vernment on the ground that some its characters disparage Mexicans, ne ban was suddenly but quietly ted. The Colonial top is 32 cents, ?h for a local subsequent. Labor Discontent Discontent is reported increasing long the rank and file of picture 'por. There is sharp criticism of the >or leaders by the workers and see- rs of the press, because of their fisting that the major Americans ;et all their demands. Picture workers are saying that the i>on their leaders have not held gen- al meetings of the union in nearly days is because the chiefs fear to their fellows en masse, to avoid inted questions. -Labor difficulties threaten to elimi- > te the only two remaining active j?itimate theatres here, the Ideal and e Fabregas. The former has been rved with the notice of a strike to irt Oct. 11 unless it agrees to raise musicians' daily pay to $3.15 from .65, its chorus girls' daily stipend jm SI. 25 to $1.65 and the royalty of riters who supply its plays from 5 r cent to 10 per cent. The manage - snt has declared that business does ■t justify these increases. Like de- >nds have been made upon the Fab- gas, but there is no strike threat as Six Studios Buy 13 Story Properties for Production Hollywood, Oct. 7 C IX studios have announced acquisition of film rights to 13 prop- ^ erties, Paramount leading- the parade by buying four. "Frenchmen's Creek," new Daphne Du Maurier novel, has been purchased by Paramount, following bidding by five studios for the latest output of the author of "Rebecca." The other new properties were "Black Curtain," Cornell Woolrich novel dealing with an amnesia victim who commits murder, then solves the crime ; "The Crystal Ball," by Steven Yas. and "The Passionate Witch," by the late Thorne Smith, as a vehicle for Veronica Lake, with Rene Clair directing and Preston Sturges as producer. Republic bought "Golden Portage," novel serialized by the Saturday Eve- ning Post from the pen of Robert Ormond Case with Ray Middleton tentatively set as the star ; and "At- lantic Patrol," story of destroyers by Martin Williams. The novel, "Above Suspicion," by Helen Maclnness, and which is set in England, Paris and Germany, and a comedy, "Noth- ing Ventured," by Ian McLellan Hunter and Aileen Hunter, were acquired by M-G-M. "Angel Face," Jean C. Becket's story which appeared in the Saturday yet against this house, which is func- tioning under a Civic Government sub- sidy. Mexican producers have stepped up their output. Nearly every week sees a picture started. Maro Aurelio Ga- lindo, author-newspaperman, who with his brother, Alejandro, the director, has been a writer for some time, is ar- ranging a new kind of production of "Romeo and Juliet" which Cinemato- grafica Maga, S.A. is to produce this Fall. Peace was obtained by the Cine Royal, leading theatre in Empalme, a junction in Sonora state of the Southern Pacific Railway of Mexico, with the signing of a contract to end a 15-day strike. The exhibitor granted all demands. Expect Shutdown in Mexico Tomorrow A complete shutdown of major com- pany offices in Mexico City is expected by many home office foreign depart- ments to materialize tomorrow, the new strike deadline set by the Mexi- can film workers union against 20th Century-Fox, Universal and United Artists. Those three companies are the only ones which remain open although, ac- cording to reports from Mexico City, they have discontinued film service to theatre accounts with the expiration on Sunday of a 30-day notice to their accounts. All distributors are maintaining a united front in the face of the union's demands and unanimously rejected a compromise settlement offer made by the union late last week, it was re- ported. Mexican theatres may not face a product shortage for another 60 days if the complete shutdown materializes tomorrow, officials of home office foreign departments said yesterday. Evening Post, was purchased by RKO as a vehicle for nine-year-old Joan Carroll. A Ladislas Fodor play, "The Night Before the Divorce," was acquired by 20th Century-Fox as a possible vehicle for Lynn Bari. Warners have bought the screen rights to the life of Charles Dana Gibson, the illustrator, which Robert Buckner will produce, and "Country Lawyer" and its sequel. "Big Family," by Bellamy Partridge. • • Monogram and Republic are hav- ing their busiest month in years this month, the former starting six pic- cures and the latter, seven, by Oct. 31. Leading off Monogram's list will be "Boy of Mine," Scott R. Dunlap production starring John Boles. Pic- tures which started since the first of the month there are "Bullets and Bullion," "Double Trouble," "I Killed that Man," "Borrowed Hero" and "Forbidden Trails." Republic will get under way : "Tuxedo Junction," Weaver Brothers and Elviry comedy ; "Missouri Out- law," Don Barry action film ; "Mr. District Attorney and the Carter Case" ; "Marines on Parade," the Al Pearce film ; "Red River Valley," Roy Rogers western ; "West of Cimarron," Three Mesquiteers west- ern, and the musical, "Yokel Boy." • • A new production organization has been formed to produce five pictures based on W. C. Tuttle's famous "Hashknife Hartley" western stories. H. A. Forbes is executive vice-presi- dent of the firm, yclept Sunbeam Film Productions, Inc., and Nate Watt will produce and direct the series. Titles of the five are "Twisted River," "The Deadline," "Ghost Trails," "Bluffer's Luck," and "Wild Horse Valley." Robert M. Beche is production manager. • • Another new production com- pany has been formed by Leslie Charteris, author of the famous "The Saint" stories, who dis- solved his contract for the series at RKO, and is embarked on his own producing outfit. Frances Langford is definitely set for the feminine lead, and John Carroll, Henry Wilcoxon and others are being tested for the title role. Olivia de Havilland will co-star with Bette Davis in Warners' "In This Our Life," based on the seller by Ellen Glasgow. best Lawrence Named Aide to Selznick (Continued from page 1) Lowell Calvert continues in charge of Selznick-International Pictures, in liquidation, here. Lawrence returned to New York from Europe about a year ago when the war had reduced Continental film operations to a negligible volume. * ■ Wilkes-Barre Area Blackout on Friday Wilkes-Barre, Pa., Oct. 7 — A blackout will be held in this region Friday night, it was announced, after ar- rangements had been com- pleted with Army officials to check on the area as part of the nationwide test. Theatre fronts and marquees will be darkened during the blackout but the houses will be open. Name Committees for Pa. Allied Convention Pittsburgh, Oct. 7. — M. A. Rosen- berg, general chairman of the annual convention of Western Pennsylvania Allied, to be held Oct. 21 and 22 at the Hotel Roosevelt here, has named the following convention committees : Entertainment — M. N. Shapiro, chairman; Ed T. Beedle, Sam Fleish- man, F. E. Hasley, Norman Huhn, Robert Lieber, Carl Poke and Harry Walker. Publicity — Frank Panoplos, chairman ; Robert Klingensmith, Harry Rachiele, Jake Soltz, Rudolph Navarri, F. H. Shearer and Archie Fineman. Rosenberg left for Detroit today to attend the Michigan Allied conven- tion there. Fred Beedle is president of the Western Pennsylvania Allied. Will Hear Censor Appeal Albany, Oct. 7. — A subcommittee of the State Board of Regents in New York on Thursday will hear the ap- peal of Cinema Service Corp. on "They Must Be Told," which recently was rejected by Irwin Esmond, state censor. The film will be screened at that time. THE CONTINENTAL Lv. 5:10 pm. Thru Mainliner sleeper to Los Angeles. No change of planes. Fly the cool, scenic Main Line Airway. Arrive Los Angeles 8:30 am. Four additional day- light and sleeper flights. ★ Call travel agents, hotels or UNITED AIR LINES Airlines Terminal: 80 E. 42nd St. 649 Fifth Ave. 69 Wall St. Pennsylvania Hotel Phone MU-2-7300 8 Motion Picture Daily Wednesday, October 8, 194 Off the Antenna DR. VLADIMIR K. ZWORYKIN, associate director of RCA laboratories, tonight will receive the Rumford Award from the American Academy of Arts and Sciences at its annual meeting in Boston. Zworykin, who invented the inconoscope and kinescope, which make electronic television possible, will receive the award in recognition of his development of the elec- tronic microscope, an outgrowth of television experiments. The Rumford Award, established in 1796 by Count Rumford, is presented biennially for important American discoveries or useful improvements in the fields of light or heat. • • • Purely Personal: Dennis McEvoy has replaced Erskine Caldwell as Moscow correspondent for CBS. . . . William L. Shirer's "Berlin Diary" will run serially in 62 newspapers, United Feature Syndicate announced yesterday. Estelle Barnes has been appointed program manager of WS9C, Chicago, the WGN FM station. . . . A. A. Schechter, NBC news head, yesterday addressed the Pittsburgh Advertising Club on war coverage. . . . Robert Smith, IVOR Salesman, yesterday joined the "Million Dollar Club," symbolic of salesmen zvho have sold that amount of time for the station. . . . William Slater Bar- kentin lias been named WOR continuity editor, succeeding Robert Blake, zvho was drafted. . . . Bea Wain has been signed for "Monday Merry-Go- Roundf' over NBC-Blue. . . . Axel Gruenbcrg and Roy Lockwood have joined the NBC production staff. . . . New staff members at WCAE, Pittsburgh, include Robert Bitner, engineer and William Leyden and Joseph Midvihill, announcers. • • • The Yankee-Colonial Networks yesterday claimed a beat in the cov- erage of the discovery of Pamela Hollingsworth, five-year-old who was lost for eight days. . . . Mutual yesterday moved its Chicago offices to larger quarters in the "Chicago Tribune" building. . . . Mexican film stars will be featured on the second Pan-American program of the season, originating from XEQ, Mexico City, Oct. 16, and carried by CBS in this country. • • • Program News: WNYC will start a new series 6-6:30 tonight called "Tomorrow's Edition." It will present college students from the five bor- oughs who show promise of becoming professional entertainers. . . . WKRC. Cincinnati, will carry the play-by-play descriptions of the games of the Cincinnati Reds next season. . . . "Pepper Young's Family" will broadcast its 1,500th script Friday over NBC-Red. Study Mutual Verdict on Muzak Baseball Pickup NBC 14-Year Profit Put at $30,041,173 NBC earned a total profit of $30,- 041,173 in the period from its organ- ization in 1926 until Dec. 31, 1940, it was revealed yesterday by Manton Davis, RCA vice-president and gen- eral manager, at a hearing before Referee Abraham J. Halprin on the fairness of a $1,000,000 settlement offer by General Electric and West- inghouse Electric and Manufacturing Co. in an accounting action brought by RCA stockholders. Reveals Dividends NBC, now a wholly-owned RCA subsidiary, turned over to RCA $22,- 550,000 in dividends during that period and contributed an additional $2,050,- 000 toward research activities in the radio field, Davis testified. Originally, RCA had onlv 50 per cent of the stock with G. E. retaining 30 per cent, and Westinghouse 20 per cent, but RCA obtained 100 per cent ownership in 1930. RCA in its yearly balance sheets does not reveal the separate earnings of subsidiary companies such as NBC. At present, Davis said, NBC is capi- talized at $6,500,000. Orders Consolidation Halprin was appointed by the N. Y. Supreme Court, where the accounting action is pending, to conduct hearings and report on the fairness of the set- tlement offer. Meanwhile, N. Y. Su- preme Court Justice Peter Schmuck yesterday denied an application by six RCA stockholders to set uside the hearings and refused them permission to intervene in the suit. In a separate decision, Justice Schmuck ordered six suits pending in courts other than the N. Y. Supreme Court to be consoli- dated with the Supreme Court action and directed that all RCA stockhold- ers be stayed from prosecuting their suits until Halprin renders his report. Bottorff Named Head Of NBC Concert Unit O. O. Bottorff yesterday was named president of the Civic Concert Serv- ice, Inc., a wholly owned NBC sub- sidiary which conducts concerts in sev- eral hundred cities of the country and books concert artists. D. L. Cornetet was named vice-president and Marks Levine was appointed managing di- rector. Network officials refused to state whether these appointments indicated NBC's decision to remain in the con- cert field or in the field of artist man- agement. CBS has disposed of both and NBC officials had previously in- dicated a similar intention. The FCC in its monopoly report criticized the continuance of concert and manage- ment business by the networks. 'Parallel' Opens Today London, Oct. 7. — The English film, "49th Parallel," will have its premiere tomorrow with a luncheon planned at Claridge's to be attended by Vincent Massey and 250 guests representing Canadian and Empire fields for diplo- macy, radio, the press and the film industry. Television lawyers yesterday were studying a court decision rendered Saturday by N. Y. Supreme Court Justice Ernest E. L. Hammer in which Mutual and the Gillette Safety Razor Co. were granted an injunction re- straining Muzak Corp. from sending without permission Mutual's play-by- play description of the World Series over Muzak leased lines to restaur- ants, hotels, bars and similar places. Justice Hammer granted a tempo- rary injunction Saturday and it was made permanent yesterday when Muzak consented to the decree after obtaining the needed permission. Prior to Saturday, Muzak relayed the descriptions exactly as broadcast, in- cluding the commercial announcements and giving Mutual credit for the broadcast, but the network contended that the failure to obtain permission was ' unfair competition. Cites Competition In granting the injunction, Justice Hammer pointed out that both Mutual and Muzak were in competition for audiences and that their rates de- pended on the number of listeners ob- tained through their respective media. Television lawyers saw in the decision a similarity to a theatre picking up a telecast without permission. Although the rights of the restaurant, rather than Muzak, would be a closer analogy to the rights of a theatre in telecasts, lawyers pointed out, the decision ap- parently forbids any commercial use of broadcasts without the consent of the broadcaster and the sponsor. A number of theatres have con- sidered installation of large screen tel- evision receivers for programs tak- en off the air. Arthur Mayer, man- aging director of the Rialto, has in- stalled a Scophony receiver in his house. Although the set is not yet in operation, Mayer has repeatedly stated that he has been advised that he had the right to take programs off the air without permission. Both NBC and CBS television stations here make frequent announcements forbidding use of the programs except for homes. Emanuel Dannett represented Mu- tual in the suit. Ritchey Closes Two Deals for Monogram Norton V. Ritchey, vice-president of Monogram Pictures in charge of for- eign distribution, at present on a tour of Latin America, reports from Ca- racas that he has entered into an agreement with Carcel & Muro where- by this concern becomes Monogram distributor in that territory. Richey also reports that on his way to Caracas he stopped in Curacao, where he appointed, Moron and Cia. to act as Monogram distributors in that Dutch possession. He plans to re- turn to New York in December. Murray Back in Canada Ottawa. Oct. 7.— Major W. E. Gladstone Murray, general manager of the Canadian Broadcasting Corp., has returned here after a seven-week trip to England and the United States. Miller, Shubert At Camp Show Parley Washington, Oct. 7.— The War Department today an- nounced that in addition to the motion picture represen- tatives who will attend con- ferences with Army and Navy officials this week on plans for camp entertainment, the broadcasting industry will be represented by Neville Miller, president of the National sociation of Broadcasters, a.\%'W Lee Shubert, producer, will represent the legitimate stage. CBC Year Surplus Reaches $183,584 Ottawa, Oct. 7. — The annual re- port of the Canadian Broadcasting Corp. for the fiscal year ending March 31, 1941, showed the corporation's operating surplus to be $183,584. In- come was $4,092,794, and expenditures were $3,909,209. Under the heading of "income" are such items as $3,140,259 in license fees, a gross of $895,066 in commercial broadcasts and $44,647 in subsidiary hookups. Expenditures included $1,721,755. for programs, $725,969 for station network; $746,154, engineer- ing; $179,120. administration; $97,805, commercial ; $60,669, press and in- formation. On the network CBC broadcast 36,419 individual programs, which took up 12,129 hours of broadcasting time. Three new transmitters were built. Strike in Pittsburgh Hotels Hits Grosses Pittsburgh, Oct. 7.— In its sixth day, the strike of employes of the city's eight major hotels has begun to ma- terially affect theatre and night club business. Because of the strike of 1,661 hotel employes and 800 more AFL sympa- thizers who refuse to cross picket lines to jobs unaffected by the strike, the city is estimated to lose $40,000 daily this week, much of it destined for the- atres and other amusement places, through cancellation of the Pennsyl- vania Medical Society convention that would have attracted more than 2500 delegates. Many other conferences and smaller meetings likewise have been cancelled or postponed. Thousands of salesmen and tourists who otherwise would have lingered in the city and spent money in entertain- ment sites, have re-routed their itiner- aries, it is estimated. CEA Meets Today On Opening Hours London, Oct. 7. — The general coun- cil of the Cinematograph Exhibitors Association will meet tomorrow to study the theatre operating hours situ- ation, and to authorize the executive board to present its views at a meet- ing with the Ministry of Transport scheduled for later in the day. It is understood action will be taken shortly by a majority of the produc- ers and the labor interests, presenting a report opposing the plan of the Min- istry of Labor for wholesale calls on technical employes for military service. Mert, nteiligent-. ln^ispensab)« to the TVtation Picture industry MOTION PICTURE DAILY 50. NO. 71 NEW YORK. U.S.A., THURSDAY. OCTOBER 9, 1941 TEN CENTS iov't Opens Trial Against Browne, Biof f orrea Details Indictment In Extortion Case The trial of George E. Browne. \TSE president, and William ioff, his personal representative, !n extortion charges, started yes- -rday hefore Federal Judge John . Knox with the selection of a iry. Mathias F. Correa. U. S. attorney, made his opening state- lent outlining the Government's ase and it will he followed this horning by the opening statements f Martin Conboy, Browne's attor- (Continucd on page 4) Browne -Bioff Trial Jury The names and occupations of jury selected yesterday for the Browne-Bioff trial are: Paul D. Thome, foreman: cashier for Western Union. Francis L. Corcoran, con- nected with Rockefeller Cen- ter. John McKeown Stebbins, production man with the New Yorker Magazine. James D. Banks, life in- surance broker. -Murray J. Dunn, tester for the N. Y. Telephone Co. Ezra Koster Wickman, ex- ecutive of the Commonwealth Fund. Paul Fisher, mortgage broker. Arthur Otten, clerk of the Texas Co. Frank James Hannon, mar- gin clerk of Havden, Stone Co. Robert H. Celander. buyer for the Consolidated Edison Co. Warner L. Overton, tele- phone engineer. Otto Detmer Sutter, sales manager of A. E. Staley Man- ufacturing Co. The two alternate jurors are: William McKnight Bow- man, an architect, and Philip F. Barrington, advertising ex- ecutive. J. H. Whitney Is Due From Goodwill Trip; Praised by Reisman Hollywood, Oct. 8. — John Hay- Whitney, head of the film division of the I". S. Committee for Inter-Ameri- can Relations, will return to this coun- try from South America next Mon- day. He will arrive in Miami where he will be met by his assistant Frank Alstock, and the two will then pro- ceed by train to New York. Phil Reisman, vice-president of RKO, in charge of foreign sales, in a press interview yesterday praised the work being done by the W hitney group in improving inter-American relations. Reisman was in South America during much of the time that Whitney was there. Reisman had left this country a day or two prior to Whitney's departure and while in (Continued on page 4) Independent Radio Stations to Organize Chicago, Oct. 8. — Independent re- gional broadcasters representative of 26 stations affiliated with the major networks agreed at a two-day meeting at the Drake Hotel here on the im- mediate need of an organization of in- dependent broadcasters to protect their interests. Cited as problems concerning which protection is needed are the demands of the super-power applicants, the de- (Continucd on page 8) Arnold Remains in Post, Says Biddle Washington, Oct. 8.— Thur- man Arnold will continue as head of the anti-trust division, Attorney General Francis Biddle said today. He said that reports of a divergence of views between himself and Arnold had been overempha- sized, that the>T did not in- volve major policies on anti- trust law enforcement and that, so far as he knew, Ar- nold did not plan to resign. Ascap Seeks New Sources For Revenue Ascap is surveying possible new fields of music performance rights for sources of new revenue to help offset the decreased radio network returns to the society under its new contract, and soon may attempt to tap the juke box, television and other fields, it was learned. No increase of music license rates to theatres is under con- sideration, however, it was learned. Ascap officials regard theatre rates as equitable and as offering no promise of fur- ther exploitation. Reorganization of the society's man- (Continued on page 8) Industry to Aid in Setting Up Show Circuit for Camps NBC Artists Service Sale Negotiations Off All current negotiations for the sale of NBC's artist management business and concert service have been termin- ated, Xiles Trammell, XBC president, disclosed yesterday. Trammell made the disclosure following many in- quiries which resulted from Tuesday's announcement of the appointment of new officers for Civic Concert Serv- ice, Inc., and for the concert division of the network. In a letter to artists under NBC management notifying them that Marks Levine had been named man- aging director of the concert division, Trammell assured them that the "same policy" would be continued. Washington, Oct. 8.— Establish- ment of a regular circuit of shows for men in the Army, Navy and Marine Corps was agreed upon today at a conference of representatives of the motion picture and radio industries and the legitimate stage with high officials of the War and Navy departments. Meeting with the determination to provide camp entertainment on a per- manent basis, the group accomplished in one day what it had been expected would require two days to do, and broke up with the understanding that definite plans for die shows would be announced following further con- sultations with various groups which are to participate. The Citizens Committee for the (Continued on page 4) Senate Probe Postponed; No New Date Set Senator Clark Would Not Affirm Abandonment Washington, Oct. 8. — Hear- ings into alleged film propaganda scheduled to be resumed next Mon- day were today called off by Sen. D. Worth Clark of Idaho, chair- man of the Senate investigating subcommittee. The chairman would not say that the hearings were to be abandoned entirely. In announcing postponement of the hearings, Clark said the subcommittee "will meet again in the near future, subject to the call of the chair and just as soon as he can get the members together." In a radio address last Saturday night he declared his intention of go- ing on with the investigation despite opposition and the lack of funds. Clark attributed his decision to postpone the inquiry to the absence (Continued on page 4) Unity in Industry Is Urged by Richey Detroit, Oct. 8. — A strong plea for industry unity featured the address of H. M. Richeyr, director of exhibitor re- lations for M-G-M and assistant to William F. Rodgers, general sales manager, before the annual convention of Allied of Michigan at the Book- Cadillac Hotel here today. "I believe that the industry is be- ing driven closer and closer together by the emergency," said Richey. "At- tacks from the outside, efforts at un- reasonable taxation which would be confiscatory if adopted, the realization (Continued on page 4) U.A. Partners Meet Is Scheduled Today United Artists partners are sched- uled to meet here today to discuss a new administrative setup for the com- pany, including the designation of a president. David O. Selznick is ex- pected today from Chicago, but if his arrival is delayed the meeting will be postponed until tomorrow, it was stated. Already here for the meeting are Alexander Korda and Mary Pick- ford. Charles Chaplin is expected tomorrow. Motion Picture Daily m Thursday, October 9, 194B Coast Flashes Hollywood, Oct. 8 AFTER 10 weeks, Arch Oboler, radio writer-producer, has asked for and received his release from 20th Century-Fox where he had a pro- ducer-director-writer contract. It was reported that disagreement with stu- dio heads over material was the rea- son for his withdrawal. • Earl Rettig, assistant to Reginald Armour at RKO, today was ap- pointed RKO studio treasurer. • M-G-M today announced the pur- chase of "The Gentleman from West Indies," story of Alexander Hamil- ton's life, by Dorothy Thompson and Fritz Kartner, and has set it as a Robert Taylor-Hedy Lamarr vehicle. Sam Zimbalist will produce. • Carmel Myers, D. W. Griffith star who last appeared in films in 1934, was signed today by Republic for "Lady for a Night." • RKO today signed a new contract with Howard Hawks to produce three pictures in addition to John Stein beck's "Red Pony." One will be di rected by Hawks and one will star Ronald Colman. William Hawks left tonight for Mexico to prepare mate rial for "Guilded Pheasant," which will be among the three. • Monogram has announced the clos- ing of a new season deal with the Publix-Nace-Richards circuit in Ari- Personal Mention WA. SCULLY, Universal gen- • eral sales -manager, and W. J. Heineman, assistant sales manager, returned yesterday from the Coast. • Sherman Germaine, operator of the Fairmount Theatre, New Haven, is recuperating from an operation at New Haven Hospital. • Milton Marx, Warner home office ad department artist, will have a one- man show at the Marie Sterner Art Galleries Oct. 20-Nov. 1. • Ted Jacocks, operator of a theatre at Branford, Conn., is on vacation in Canada. • Jack Findlay, Mystic, Conn., and Westerly, R. I., exhibitor, is vacation- ing at Woodstock, Vt, recovering from an infected throat. SPYROS SKOURAS expects to be in Washington today. • F. J. A. McCarthy, Southern and Canadian sales manager for Universal, left Dallas yesterday for Toronto, where he will be for the remainder of the week. • Al Santell, Paramount director, is here. • Clara Sheldon Bexham, daughter of Ed Benham, Yuba City, Cal., thea- tre owner, recently was married to Charles Edwin Binninger. • Andre de la Varre has returned from Alaska after filming a travel subject for Columbia. • Leon J. Bamberger leaves for Mon- treal today. Pioneers Preparing For Hallowe'en Fete Jack Cohn, house manager of Pic- ture Pioneers, social organization of industry veterans, yesterday named Jack Alicoate chairman of the "ghost and witch-hunting committee" for the Pioneers Hallowe'en dinner at Toots Shor's restaurant, Oct. 29. Leon Bamberger, G. B. Odium and Gilbert Josephson are other members of the committee. Roxy Asks Reduction In Tax Assessment Roxy Theatre Co. yesterday filed a writ in the N. Y. Supreme Court against the N. Y. Tax Commission in which it seeks a reduction of its 1941- '42 assessment from $4,000,000 to $2 - 975,000. Justice Peter Schmuck or- dered a hearing on the application for Nov. 3. New Anderson Play Called Propaganda Washington, Oct. 8. — "Just an- other propaganda play" is "Candle in the Wind," the Helen Hayes starring vehicle which opened last night at the National, according to Bernie Harri- son, Times-Herald critic. The Max- well Anderson drama played to a capacity house. Nelson B. Bell, of the Post, ob- served that "Mr. Anderson has writ- ten conviction into his play only in so far as that can be accomplished by enveloping a doubtful premise in a cloak of eloquent and lovely words." Both Bell and Harrison paid high tri- bute to the acting of Miss Hayes and the others in the cast. Northwest Film Club Elects New Officers Seattle, Oct. 8.— Officers for the ensuing year were elected at the an- nual dinner meeting of the Northwest Film Club here. Officers are : Edward Walton, president; A. J. Sullivan and Junior Mercy, vice-presidents; Keith Beckwith, Jack T. Sheffield and Foster Blake, trustees ; Edward Lamb, secretary-treasurer, reelected. Joseph Cooper, manager now on leave be- cause of illness, was retained in his post. Littman on Tour Mack Littman, special sales repre- sentative for Guaranteed Pictures, leaves today on a tour of cities ex- tending to Dallas. He expects to be gone three to five weeks. Republic RCA Deal Extended 10 years A 10-year film recording license agreement negotiated in 1938 between Republic Productions and RCA Pho- tophone has been revised to provide for additional facilities, and has been extended for an additional 10 years, running until 1951. Two additional mobile film recording units and a disc recording channel are included in the new equipment. The deal was negotiated by M. J. Siegel, Republic Productions presi- dent; E. H. Goldstein, secretary, and C. J. Lootens, chief engineer, with Barton Kreuzer of RCA. PRC Closes Deals With Five Circuits Producers Releasing Corp. has an- nounced deals on the 1941 -'42 product lineup with five circuits. They in- clude: Waters Theatres, Atlanta; Kincey Circuit, Charlotte; Ray Alli- son Circuit, Pittsburgh; Frisina Amusement Co., St. Louis, and Maine and New Hampshire Circuit, Boston. FILM AUDIT SERVICE S. Hacker, C.P.A., Gen.' Mgr. MOTION PICTURE SPECIALISTS Executive Offices: 132 West 43rd St., New York, N. Y. CHickering 4-1812 Branch Offices: Boston Detroit Pittsburgh Buffalo Kansas City Portland Charlotte Los Angeles San Francisco Chicago Milwaukee Seattle Cincinnati Minneapolis Toronto Cleveland Philadelphia Washington COAST TO COAST JACK SHAINDLIN Musical Director II BOMBER (Office for Emergency Mgt. Film Unit) '. . . reel boasts of an eloquent commentary written by Carl Sand- burg . . . stirring musical score giv- ing a dramatic depth to the scenes. . . ." — Film Daily. Runyon Leaving For RKO Studio Damon Runyon leaves for Califor- nia today. Leonard Spiegelgass will accompany him. Runyon goes to the Coast to assume his new work as pro- ducer and writer for RKO. Mrs. Runyon will join him on the Coast in about two weeks. dll'JII 1-1 •itt na,r ' '49th Parallel' Is Viewed in London London, Oct. 8. — The film, "49th Parallel," produced by Ortus Films and distributed in this country by General Film and in the United States by Columbia, was previewed here today under elaborate circumstances. Made with the collaboration of the Ministry of Infor tion and partly financed Oscar Deutsch, it is a rem able picture in a Canadian setting, the story concerning the attempted escape across Canada of the crew of a Ger- man U-boat. It is an eloquent and convincing portrayal of democracy's case against Naz- ism. Lawrence Olivier and Anton Walbrook are splendid in a picture packed with thrills. It is a directorial tri- umph for Michael Powell, and has been brilliantly photo- graphed. It appears destined for box-office success on both sides of the Atlantic. Flanagan Gus Kahn, Veteran M Song Writer, Dies i Hollywood, Oct. 8.— Gus Kahrll lyric writer, whose songs have beefM featured in many films during the pas| 10 years, died at his Beverly Hilll home today. His first song was pub! lished in 1907. He was a member oi Ascap since 1921 and once served oil] its board of directors. Tony Di Lorenzo Dies Hartford, Conn., Oct. 8. — Tony Di Lorenzo, operator with Michael Dall of the Daly Theatre here, is dead. HI is survived by his widow, who is a sis] ter of Michael Daly, and six chjj dren. Di Lorenzo was one of thi state's pioneer exhibitors, startinl with the operation of the Crown her| 25 years ago. WB Resume British Production Today London, Oct. 8.— Warners will re- sume English production tomorrow at the Warner studio at Teddington, with Richard Greene starring in "Flying Fortress." Zala Supervising Art Rugoff & Becker yesterday an- nounced that Michael Zala, manager of its Eighth St. Playhouse, will also supervise the neighboring Art Thea- tre, operation of which the circuit re- cently took over. Both houses are on Eighth St. in Greenwich Village. Rochester Manager Dec Rochester, Oct. 8.— John Jj O'Neill, well known theatre managed here, died yesterday. He served as manager at the old Avon, later go-J ing to the Eastman Theatre as house] manager. In recent years he bad beeq in charge at the Auditorium. 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-i tin Quigley, Editor-in-Chief and Publisher; Colvin Brown, Vice-President and General Manager; Watterson R. Rothacker, View President; Sam Shain, Editor; Alfred Finestone, Managing Editor; James A.j 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 "QuigpubcoJ London." All contents copyrighted 1941 byl Quigley Publishing Company, Inc. Otherl Quigley publications: Motion Picture Herald,] Better Theatres, International Motion Pic ture Almanac and Fame. Entered as se class matter. Sept 23, 1938, at the office at New York, N. Y.. under the act March 3. 1879. Subscription rates per ye $6 in the Americas and $12 foreign. Siude| copies 10c. "iCTt THE MALTESE FALCON; IS THE BEST MURDER MYS- TERY OF THE YEAR!" HUMPHREY BOGART MARY ASTOR "THE MALTESE FALCON" By Doshiell Hommett f~ - ■ - •' k witk GLADYS GEORGE • PETER LORRE Borton Moclane - Lee Patrick • SydneyGreerutroet Directed by JOHN HUSTON Screen Play by John Hufton A Warner 8ro» -Firrt Notional Picture 4 Motion Picture Daily Thursday, October 9. 19 Gov't Opens Trial Against Browne, Biof f (Continued from page 1) ney, and Henry Uterhart, Bioff's counsel. Following today's session, an adjournment will be taken to Tuesday. Correa spoke for 45 minutes. He charged that Browne and Bioff exacted $50,000 annually from each of four companies, Loew's, Paramount, Warners and 20th Century-Fox, from 1936 until the indictment was returned earlier this year. The prosecutor alleged that $2,000,- 000 originally had been demanded as the price of peace in the industry. He made it clear that he did not consider the companies as willing victims but that they "had little choice but to yield, since they couldn't replace the union men without facing tremendous losses." Strikes Alleged After tracing the setup of the in- dustry and the IATSE, Correa al- leged that in 1935 the defendants called projectionist strikes to compel the companies to restore the union as a party to the basic labor pact in the studios. Correa pointed out that the industry depends upon a continuous flow of box-office receipts and that any falling off of receipts through strikes would be "disastrous." Correa asserted that repre- sentatives of the companies, at the 1936 meeting with labor leaders, were given the alterna- tive of paying $2,000,000 to the defendants or having their busi- ness wrecked. Correa said the defendants had made it clear that they wished the money to be paid to themselves personally and not as union executives. Cash payments totaling §400,000 were made by the companies in vary- ing sums of" $10,000 to $50,000, ac- cording to Correa. The balance was paid through a different arrangement, he continued. Executives of Loew's, concerned about paying in currency, devised a plan with the defendants whereby a nominee of Bioff's was made an employe of Smith & Allen, the agency selling DuPont raw stock, Correa charged. He declared that there was an un- derstanding that the designee would collect a sufficient commission on pur- chases by Loew's of DuPont raw stock to equal the payment expected from Loew's. Bioff originally named his brother-in-law but designated a Industry to Aid in Setting Up Show Circuit for Camps 'Viva O'Brien' "Viva O'Brien," which is de- scribed as a "big aquamusi- cal" with "14 scenes and one swimming pool," opens to- night at the Majestic. In the cast are Russ Brown, Marie Nash, Victoria Cordova, Mil- ton Watson and others. It is a production of the Hickey, Hale & Robinson Company. Music is by Maria Grever and lyrics by Raymond Laveen. (Continued from page 1) Army and Navy was designated to handle entertainment in the camps, posts and naval stations, and the mo- tion picture groups which are par- ticipating will work in close coopera- tion with that organization, it was said. The services of the film organizations were placed at the disposal of the Government by Y. Frank Freeman, chairman, and Jock Lawrence, secre- tary, of the Hollywood division of the Motion Picture Committee Coperat- ing for National Defense, and Law- rence Beilenson of the Screen Actors Guild, who flew East for the meet- ing. Also attending were Alfred Hard- ing of Actors Equity ; George Heller of the American Federation of Radio Artists, Lawrence Phillips, execu- tive director, and Eddie Dowling, chairman, of the entertainment com- mittee of the Citizens Committee ; Lee Shubert, New York producer, and Neville Miller, president of the Na- tional Association of Broadcasters. former intimate associate in 1939, Correa claimed. In selecting a jury Uterhart and Conboy were mainly concerned with the two questions of whether the jurors were prejudiced against union leaders and, secondly, whether any jurors had been influenced by articles written by the columnist Westbrook Pegler. Three jurors were excused because they admitted that Pegler's articles had prejudiced them and sev- eral others because of an expressed distaste for union leaders. Judge Knox on several occasions refused to excuse jurors upon admis- sion that they had read the articles. The defense used 10 peremp- tory challenges and the Govern- ment four. All women were eliminated from the jury by challenges of one side or the other. Several jurors were ex- cused when they stated that they were employed by the Chase National Bank, which is financially connected with 20th Century-Fox. Judge Knox read a list of 23 names and asked the jurors whether any of them knew these men personally. Correa stated upon being questioned by reporters that he did not submit this list, but that the probabilities were that they had been handed up to the court by the defense attorneys. He added that the list was very interest- ing and possibly indicated persons that the defendants intended to call as witnesses. Leaders Listed The names were : Nicholas Schenck, Barney Balaban, Jack Cohn, Sidney R. Kent, Albert Warner, Harry M. Warner, George Schaefer, Y. Frank Freeman, Edward J. Mannix, Harry Cohn, Joseph Schenck, John Balaban, Austin Keough, Charles Moskowitz, Arthur W. Stebbins, Louis B. Mayer, Al Lichtman, Smith & Allen, dis- tributors of DuPont film on the West Coast, James Coster, Chicago theatre man, John Otterson, former president of Paramount, Pegler, and Duncan Underhill, Hollywood correspondent for the New York World-Telegram and Scripps-Howard. Unity in Industry Is Urged by Richey (Continued from page 1) that the industry has lost millions of customers by the competition of out- side elements, the working of the con- sent decree even though it may not contain all the elements of solution it should, all of these things brought us to a realization that the other fel- low's problem is sometimes our prob- lem and certainly your problem is many times his problem." Regarding the current movement for unity among the industry, Richey de- clared : "Frankly, I don't believe such a conference or permanent working or- ganization will overnight solve every problem of the industry. But I know this — that the closer the various ele- ments in this business get together, the more they understand each other's problems, the nearer will they come to solution. "I am thoroughly convinced that if a movement for unity is contaminating, if sitting down with the other fellow to discuss and solve common problems is infectious, that we are in for the type of epidemic that will quarantine us from the outside world when we come to problems arising from within the industry." Comments on Inquiry \\ ith reference to the Senate propa- ganda probe, Richey said: "I am firmly convinced that the smear hear- ing in Washington has accomplished one thing and that is it has brought a new realization to the American peo- ple as to the important contribution motion pictures make in the time of national emergency." All officers were reelected at today's closing session of the convention. The officers are : Ray Branch, president ; W. James Olson, vice-president ; Edgar E. Kirchner, secretary-treas- urer; Pearl M. Sprott, business man- ager. The entire slate of 12 directors also was reelected. The convention :losed this evening with a banquet and entertainment. Among those in attendance were Abe Montague, general sales manager of Columbia ; Arthur Kelly, vice-presi- dent of United Artists ; Arthur Green- blatt, Producers Releasing Corp. sales manager; and Abram F. Myers, gen- eral counsel and board chairman of Allied States. J. H. Whitney Is Du From Goodwill Trij Praised by Reisma (Continued from page 1) South America had occasion to mo and discuss matters with him. Reisman also praised Walt Disn and stated that his trip, like Wl ney's, has helped relations. "I cannot say too much for tl*r* complishments of Whitney an<{" I ney," Reisman said. Reisman reported that plans we well advanced for an exchange U. S.-made films and South Amei can films. Among film materi planned is some designed for infr quent filmgoers among the Sou\ Americans in order to familiari. them with North American vie" points. Other films will portra "stronger messages" for exhibition South American embassies. "These are methods," Reisman II served, which have been employed e fectively by Nazi agencies for son! time in South America. Now, we ar prepared to fight them with clubs in stead of cream puffs." Pro-Nazis Face Blacklist He pointed out that theatres i Latin America which habitually ex- hibit German propaganda films plac; themselves in danger of being put oi President Roosevelt's trade blacklist and once on that list no American dis tributor would service the theatr with films. Reisman said that South Americai governments are "very cooperative.' Film producers in Argentine and Bra zil are anxious to receive technica and other aid from Hollywood am efforts to obtain it for them will bi made. Molino Campos, Argentine carica turist, was signed by Disney and hi: gaucho characters will be used in Hp! ture Disney films, as will Braziliai parrots and South American extc riors, Reisman stated. Threaten Closing If English Set Curfew Loxdox, Oct. 8. — The general coun- cil of the Cinematograph Exhibitors Association, headed by Sidney Lewis, CEA president, at a meeting today threatened to close British film houses if the Government imposes a curfew on theatre operation. Following letters of appeal to the Prime Minister and other officials, CEA officers today also conferred with Ministry of Transport heads. They expressed the hope later that they had convinced the Ministry that there is no need to close film houses early in the evening. Dismiss Clearance Case in California The clearance complaint of Harvey Amusement Co., owner of the West- wood at Westwood, Calif., has been dismissed at the San Francisco arbi- tration board following hearings. American Arbitration Association headquarters here reported yesterday.' Meanwhile, Fred Rowlands, owner of the Alain. Columbus, O.. has filed an appeal with the national appeals board from the dismissal of his clear- ance complaint against the five con-, senting companies and the Eastern. Columbus, by Fred W. Koch, arbitra- tor, at the Cincinnati board on Sept. 16. The case is the 13th to go to the appeals board. Senate Inquiry Is Off Indefinitely (Continued from page 1) from Washington of several members of the subcommittee and the uncer- tainty as to when they would return. Other members of the group refused to comment on the move, Sen. Ernest W. McFarland of Arizona, who has consistently "sniped" the inquiry, said he did not want to stir up anything. §sday, October 9. 1941 Motion Picture Daily . leview angle Man \-oduccrs Releasing) HIS is a stereotyped jungle story presented with a number of library shots of wild life. A fairly commendable job of piecing- together the ic yarn and the tile material is apparent. rincipal of the cast is Buster Crabbe, seen as a doctor who spends his in the jungle working on a serum for the benefit of the natives, ending lady is Sheila Darcy, one of a group seeking the "City of the Charles Middleton and Vince Barnett also are in support. T. chmond produced. Harry Fraser directed, and George R. Batchel- j was in charge of production. Running time, 63 minutes. "G."* Eugene Arxeel 'G" denotes general classification. arachute' Newark Winner With $15,100 ewark, Oct. 8. — In a week marked little activity over normal. "Para- de Battalion" and "Father Takes a Ee" scored $15,100 at RKO Proc- s. Estimated receipts for the week end- Sept. 30-Oct. 2 : .vy Blues" (W. B.) e Officer and the Lady" (W. B.) ARXER'S BRAXFORD-(2.840) (28c- M4c- 55c -66c -75c) 7 days. Gross: $13,700. erage. $14,000) hen Ladies Meet" (M-G-M) ild Man of Borneo" (M-G-M) DEW'S STATE (2.589) (28c-33c-44c- '65c-75c) 7 days. Gross: $13,801. (Aver- Sl 3,500) -•-Capades" (Rep.) wwery Blitzkreig" (Mono.) A RA MOUNT- N E W A RK — (2.200) (28c- •44c-55c-65c-75c). 6 days, 2nd week, iss: $11,200. (Average. $13,750) u-achute Battalion" (RKO) .ther Takes a Wife" (RKO) KO PROCTOR'S— (3,389) (28c-33c-44c- i6n:-75c) 7 days. Gross: $15,100. (Aver- . $14,500) i Greater Sin" (University) ITTLE-(299) (33c-44c-55c) 7 days. 2nd He. Gross: $1,300. (Average. $1,800) lonky Tonk' Big $21,000, Cleveland Jlevelaxd. Oct. 8. — "Honky Tonk" g up a smash $21,000 at Loew's te, "'Citizen Kane," aided bv a stage »w at the RKO Palace, took ,500. estimated receipts for the week end- Oct. 2-3: in Va'ley Serenade" (20th -Fox) 1. LEX— (3,000) (33c-39c-47c) 7 days. 2nd He. Gross: $5,000. (Average. $4,000) iere Comes Mr. Jordan" (Col.) ARXERS' HIPPODROME — (3,800) 39c-47c) 7 days. Gross: $8,000. (Aver- $11,000) ftizea Kane" (RKO) KO PALACE— (3,100) (33c-47c-55c) « s. Tony Pastor's Orchestra on stage »^s: $17,500. (Average. $13,500) onky Tonk" (M-G-M) OEW'S STATE-O.500) (33c-39c-47c) ', ^. Gross: $21,000. (Average. $11,000) Tier Ladies Meet" (M-G-M) OEW'S STILLMAX-O.900) (33c-39c- > 7 days. 2nd week. Gross: $4.=W>. • rrage. £1.000) 000 Soldiers Were reedom Show Guests More than 2,000 soldiers attended \: Fight for Freedom show held nday night at Madison Square rden, it has been revealed. About 00 of the men were from Fort 3nmouth and 500 from Mitchell Sid and Fort Dix. The men were the .ests of the committee in charge and -ir presence at the show was ar- iged by Mrs. Leo Spitz, chairman the ticket committee. 'Dawn' Takes Good $9,800, Providence Providexce, Oct. 8. — "Hold Back the Dawn" and "Doctor's Don't Tell" drew S9.800 at the Strand, and a like amount was taken in by the Majestic witli "Navy Blues" and "Bad Men of Missouri." Estimated receipts for the week ending Oct. 1-2: "Citizen Kane" (RKO) "San Antonio Rose" (Univ.) RKO-ALBEE— (2,239) (28c-39c-50c) 7 days, 2nd week. Gross: $7,000. (Average, $6.C00) •Ycu'll Never Get Rich" (Col.) 3 days) "Harmon of Michigan" (Col.) (3 days) "Honky Tonk" (M-G-M) (4 days) "Niagara Falls" (U. A.) (4 days) LOEW'S STATE — (3,232) (28c-39c-50c) Gross: $13,000. (Average, $11,000) "Navy Blues" (W. B-) "Bad Men of Missouri" (W. B.) MAJESTIC— (2,250) (28c-39c-50c) 7 days. Gross: $9,800. (Average, $7,000) "Hold Back the Dawn" (Para.) "Doctors Don't Tell" (Rep.) STRAND — (2,200) (28c-39c-50c) Gross: $9,800. (Average, $6,000) "Petticoat Politics" (Rep.) METROPOLITAN— (3,045) (30c-39c-55c) 3 days. Stage show with Ix>u Breese and Orchestra; Henry Armetta: Roy Smeck; The Colstons, and The Three Arnolds. Gross: $5,900. (Average. $5,000) "Highway West" (W. B.) "Cyclone on Horseback" (RKO) FAY'S — (1,800) (15c-25c-35c) 7 Gross: $2,000. (Average, $2,800) "Dive Bomber" (W. B.) "Accent on Love" (ZOth-Fox) CARLTON— (1,526) (28c-39c-50c) Jnd week. Gross: $2,700. (Average, $3,500) "The Parson of Panamint" (Para.) (3 days) "Three Sons o' Guns" (W. B.) (3 days) "Life Begins for Andy Hardy" (M-G-M) (4 days) "Wi'd Geese Calling" (20th-Fox) 4 days) EMPIRE— (1,200) (20c-28c) 2nd run. Gross: $1,700. (Average, $1,700) 'Yank' Is Toronto Hit, Taking $16,500 Tokoxto, Oct. 8. — "A Yank in the R.A.F." at Shea's drew $16,500. "New Wine" grossed $11,500 at the Uptown. Estimated receipts for the week end- ing Oct. 4: "Wild Geese Calling" (20th-Fox) EGLINTON — (18c-30c-48c-60c) 6 days. Gross: $5,000. (Average, $4,500). "Navy Blues" (W. B.) IMPERIAL— (3,373) (18c-30c-42c-60c-90c) 6 days. Gross: $9,800. (Average, $9,000) "When Ladies Meet" (M-G-M) "Dr. Kildare's Wedding Day" (M-G-M) LOEW'S — (2,074) (18c-30c-42c-60c-78c) days. Gross: $9,500. (Average, $9,000) "A Yank in the R. A. F." (20th-Fox) SHEA'S — (2.480) (18c-30c-42c-60c-90c) days. Gross: $16,500. (Average, $9,000) "Kiss the Boys Goodbye" (Para.) "Bad Men of Missouri" (W. B.) TR'OLI— (1,434) (12c-18c-30c-48c) 6 days. Gross: $3,500. (Average, $9,000) "New Wine" (U. A.) UPTOWN— (2,761) (18c-30c-42c-60c-90c) 6 days. Gross: $11,500. (Average. $9,000) MISC. Dangerous Lady 115 (PRC) N. Hamilton (1940-41) Jungle Man 126 (PRC) Buster Crabbe (1941-42) Hard Guy 205 (PRC) Jack LaRue (1941-42) Billy the Kid Wanted 257 (PRC) Buster Crabbe (1940-41) Mr. Celebrity 114 (PRC) Joseph Seary (1941-42) Lone Rider Fights Back 168 (PRC) George Houston (1941-42) Miracle Kid 213 (PRC) Vicki Lester Tom Neal Eft I K t H ^ WARNERS Navy Blues (M) 103 Anne Sheridan (1941-42) Nine Lives Are Not Enough (D) 104 (1941-42) Sergeant York (D) 101 Gary Cooper (1941-42) Law of the Tropics (D) 105 C. Bennett (1941-42) International Squadron (D) 106 Ronald Reagan (1941-42) The Maltese Falcon (D) 107 H. Bogart Mary Astor (1941-42) One Foot in Heaven (D) 108 Fredric March Martha Scott (1941-42) i UNIVERSAL | Unfinished Business (C) Irene Dunne (1941-42) Sing Another Chorus (M) Kid from Kansas (D) A Girl Must Live (D) It Started With Eve (M) Deanna Durbin (1941-42) Mob Town (D) Dead End Kids Tough Guys (1941-42) Never Give a Sucker An Even Break (C) W. C. Fields (1941-42) Burma Convoy (D) South of Tahiti (D) (1941-42) Flying Cadets (D) William Gargan Edmund Lowe (1941-42) Appointment for Love (D) Charles Boyer M. Sullavan (1941-42) Hellzapoppin' (C) Olsen-Johmon (1941-42) Paris Calling (D) Scott-Bergner (1941-42) Moonlight in Hawaii (C) 1941-42 Quiet Wedding (C) (1941-42) < Major Barbara (D) Tanks A Million (C) (Streamliner) International Lady (D) George Brent I lona Massey 1 1941-42} Lydia (D) Merle Oberon Alan Marshal (1941-42) New Wine (M) Ilona Massey Alan Curtis (1941-42) Niagara Falls (C) (Streamliner) Tom Brown (1941-42) Sundown (D) All American Co-Ed (C) (Streamliner) (1941-42) Corsican Brothers (D) Miss Polly (C) (Streamliner) (1941-42) Twin Beds (C) Fiesta (M) (Streamliner) (1941-42) 20TH-FOX Belle Starr (D) 207 Gene Tierney R. Scott (1941-42) We Go Fast (D) 208 Lynn Bari (1941-42) Last of the Duanes (O) 209 Man at Large (D) 210 (1941-42) A Yank in the R.A.F. (D) 211 Power-Grable (1941-42) Great Guns (C) 212 Riders of the Purple Sage (1941-42) Weekend in Havana (M) 214 Faye-Miranda (1941-42) I RKO RADIO Parachute Battalion (D) 202 (1941-42) Lady Scarface (D) 203 Judith Anderson (1941-42) Father Takes a Wife (C) 204 Menjou-Swanson (1941-42) Bandit Trail (O) 281 Tim Holt (1941-42) All That Money Can Buy (D) 205 Arnold-Huston (1941-42) Gay Falcon (D) George Sanders 206 (1941-42) Dumbo (Disney Feature) 293 (1941-42) Unexpected Uncle (C) Chas. Coburn Anne Shirley (1941-42) Suspicion (D) 208 Cary Grant Joan Fontaine (1941-42) Look Who's Laughing (C) Edgar Bergen McGee & Molly (1941-42) Mexican Spitfire's Baby (C) Errol-Veles (1941-42) REPUBLIC Outlaws of Cherokee Trail (O) 161 3 Mesquiteers (1941-42) The Apache Kid (O) 171 Don Barry (1941-42) Death Valley Outlaws (O) 172 Don Barry (1941-42) Sailors on Leave (C) 109 Wm. Lundigan Shirley Ross (1941-42) Mercy Island (D) 110 Ray Middleton Gloria Dixon (1941-42) Down Mexico Way (O) 042 Jesse James at Bay (O) (1941-42) Gauchos of Eldorado (O) 162 3 Mesquiteers (1941-42) Public Enemies (D) Philip Terry Wendy Barrie (1941-42) The Devil Pays Off (D) /. E. Bromberg (1941-42) Sierra Sue (O) 143 Gene Autry Smiley Burnette (1941-42) Missouri Outlaw (O) 173 Don Barry (1941-42) Tuxedo Junction (C) The Weavers (1941-42) PARA. Hold Back the Dawn (D) 4103 Charles Boyer (1941-42) Buy Me That Town (D) 4102 Lloyd Nolan (1941-42) Nothing But the Truth (C) 4101 Bob Hope (1941-42) Henry Aldrich for President (C) 4104 .Jimmy Lydon (1941-42) New York Town (D) 4105 F. MacMurray Mary Martin (1941-42) Skylark (C) C. Colbert Ray Milland (1941-42) MONO. Let's Go Collegiate (D) Frankie Darro (1941-42) The Driftin' Kid (O) Tom Keene (1940-41) Gunman From Bodie (O) Buck Jones (1941-42) Adolescence (D) Tonto Basin Outlaws (O) (1941-42) Top Sergeant Mulligan (D) Nat Pendleton (1941-42) Spooks Run Wild (D) Bela Lugosi (1941-42) Riding the Sunset Trail (O) Tom Keene (1940-41) Zis Boom Bah (C) Grace Hayes (1941-42) I Killed That Man (D)__ Ricardo Cortes (1941-42) Double Trouble (C) Harry Langdon (1941-42) M-G-M (1941-42 Releases) Lady Be Good (M) 202 Ann So them Robert Young Dr. Jekyll and Mr Wvdp ivir* nyuc (D) 201 Spencer Tracy Lana Turner Down in San Diego (D) 203 B. Granville Honky Tonk (D) 204 Clark Gable Lana Turner Married Bachelor (C) 205 Robert Young Ruth Hussey Smilin' Through (M) 206 /. MacDonald Gene Raymond Feminine Touch (C) 207 R. Russell Don Ameche COLUMBIA | Harmon of Michigan (D) Tommy Harmon (1941-42) Prairie Stranger (O) 2005 (1940-41) Ladies in Retirement (D) M 941-421 You'll Never Get Rich (M) Fred Astaire (1940-41) Two Latins from Manhattan (M) Jinx Falkenberg (1941-42) Texas (O) Wm. Holden Claire Trevor (1941-42) Blonde from Singapore (D) Roaring Frontiers (O) (1941-42) 3 Girls About Town (C) Joan Blondell Binnie Barnes (1941-42) You Belong to Me (C) B. Stanwyck Henry Fonda (1941-42) The Stork Pays Off (C) M. Rosenbloom Rochelle Hudson (1941-42) Secrets of the Lone Wolf (D) Warren William (1941-42) The Men in Her Life (D) Loretta Young Conrad Veidt (1941-42) Go West Young Lady (C) P. Singleton (1941-42) Sept. 12 V5 Sept. 26 • i o o * o o ♦ o 1" z * £ 3 V The Time of Your Life at the Biggest Industry Banquet and Ball of the 1941 Season! ALL FOR SIX BUCKS A HEAD! CINEMA LODGE No. 1366 B'nai B'rith 2nd ANNUAL QUETandBALL 5 OF STAGE! * SCREEN! RADIO! VINCENT LOPEZ XAVIER CUGAT PHIL SPITALNY: RALPH R0T6ERS i TO THESE GREAT BANDS! r AND HIS | ORCHESTRA | AND HIS ORCHESTRA AND HIS ALL-GIRL SHOW AND MUSIC AND HIS RHUNBA BAND it SEND YOUR CHECK IN RIGHT AWAY TO DAVE WEINSTOCK Chairman, Ticket and Arrangements Committee • 1560 B'way, N. Y. C. s Motion Picture Daily Thursday, October 9, 1 Off the Antenna THE boxing shows carried by Mutual since June 1 have been carried by an average of over 200 stations, the network reported yesterday. These include Mutual stations in this country, a number of the CBC stations in Canada and two in Hawaii. Eight fights have been broadcast thus far. The most recent, the Louis-Nova bout, was carried by 205 stations. • • • W2XQR, the FM affiliate of JVQXR, will move to its new frequency at 45.9 megacycles Monday. The station will continue its present broadcasting schedule, transmitting WQXR programs from 5 to 10 P.M. daily. When the FM station goes commercial it will have WS9A'Y as its call letters. • • • WABC on Oct. 18 will dedicate its new transmitter located in Long Island Sound. The network has been taking groups of advertising agency executives and sponsors on tours of Columbia Island where the new transmitter is located. • • • WOR and the Office of Emergency Management will cooperate in pro- ducing a new defense program to be carried Sundays, 10:30-11 P.M. over Mutual, starting Nov. 9. Clifton Fadiman will be master of ceremonies and Morton Gould musical director. The scripts will be by Lillian Hellman, Stephen Vincent Benet, Robert E. Sherwood, William Saroyan, Samuel and Bella Spewack and Moss Hart, and Rodgers & Hart will write a theme song. Guest stars for the first few weeks will be drawn from Fredric March, Flor- ence Eldridge, Brian Aherne, Paul Lukas, Burgess Meredith, Lawrence Tibbett, Lily Pons, Ethel Merman, Gladys Swarthout and Dinah Shore. • • • Bill Stern, NBC sports head, yesterday announced that the network had acquired exclusive rights for five years to broadcasts of the Roue Bowl foot- ball games and to an exclusive for this year only on the Sugar Bowl game. All will be available for sponsorship. Short Subject Reviews "Northern Neighbors" (Popular Variety) (Universal) Interesting views of Canada, in color, include Niagara Falls, the high- lights of Toronto, a training base for the Canadian air force, and finally a visit to the Dionne Quintuplets and their famous physician, Dr. Roy Dafoe. Running time, 9 mins. Re- lease, Oct. 13, 1941. "In the Groove" (Name Band Musical) (Universal) In the setting of a small town rail- road station, Freddie Slack and his band perform, aided by several others, including a vocalist, a roller skating trio, and several dancers. With em- phasis on the current type of swing music, this probably will find an audi- ence among the younger generation, and not likely beyond that. Running time, 17 mins'. Release, Oct. 8, 1941. "Boogie Woogie Bugle Boy of Co. B" (Walter Lantz Cartoon) ( Universal) A cartoon has been made of the popular song number from "Buck Pri- vates." A Harlem trumpet player ex- traordinary is drafted, and becomes the target of old shoes and razors from the other soldiers, but he ends their objections by giving them bugle calls in swing. Running time, 8 mins. Release, Sept. 1. 1941. "Shampoo Springs" (Stranger Than Fiction, No. 96) (Universal) A native of a California town has piped down from the mountains spring water so alive with chemicals that it lathers when rubbed on the hair. Renting towels, he does an excellent business. Other oddities in this num- ber of an entertaining series include the baker who makes weird animals from dough and does well, and the professor whose hobby is collecting and cataloging strange odors. Run- ning time, 9 mins. Release, Sept. 8, 1941. "The Hermit of Oklahoma" (Stranger Than Fiction, No. 97) ( Universal) A Cheyenne, Okla., man who be- came a hermit in 1914, and has been alone with his odd concrete sculptures ever since is the featured oddity in this interesting short subject. Others are an aged costume maker with young ideas, a child with a pet lamb, and a New York radio engineer who lives on a Chinese junk. Running time, 8 mins. Release, Oct. 6, 1941. "George Washington, Country Gentleman" (Variety Views) ( Universal) An interesting pictorial study of Mount Vernon, home of George Washington in Virginia, as it has been restored. It makes for an interesting subject. Running time, 10 mins. Re- lease, Nov. 10, 1941. Independent Radio Stations to Organize {Continued from paye 1) mands of the musicians union and action on the Ascap situation. The group here expressed the belief the proposed Ascap licenses should be modified before acceptance, notwith- standing approval by the National As- sociation of Broadcasters and the In- dependent Radio Network Affiliates. An invitation has been extended for the independent broadcasters to meet next Tuesday at the Drake Hotel here to take up the problems immediately confronting them, and to form an or- ganization. The committee in charge includes : William J. Scripps, WWJ. Detroit; Hoyt Wooten, WREC, Memphis ; Eugene Pulliam, WIRE, Indianapolis ; Stanley Hubbard. KSTP, St. Paul, and William O'Neil, WJW, Akron. Postpone W. B. Meeting Chicago, Oct. 8. — A regional meet- ing here of Warner Theatre man- agers, scheduled for today, has been postponed to next Tuesday. W. B. Raises Prices In Conn. Theatres New Haven, Oct. 8. — Warners have increased admissions in several spots, although retaining the same scale for the most part, with addition of the new taxes. The two-a-week Rialto, South Norwalk, and Capitol, Danbury, bargain nights have gone up from 20 cents to 22 cents plus three cents tax. The Strand, Waterbury ; Palace, Tor- rington and Circle, Manchester, raised from 15 cents and 25 plus three cents tax, to 18 plus two cents, and 27 plus three cents. The Capitol, Ansonia, Broadway, Norwich and Palace, Nor- wich, went up from 39 cents to 40 cents, including tax. Subsequent runs in many towns have added a few cents more than the tax to make even number amounts, generally raising 15 to 20 cents or 20 to 25 cents. 'Outlaw' Release Dec. 15 It is reported that "The Outlaw," produced by Howard Hughes for 20th Century-Fox release, and which was given a Production Code Seal re- cently, will be nationally released about Dec. 15. Ascap Seeks New Sources For Revenin {Continued from page 1) agement to better equip it for real** ing on new enterprises also has b( j discussed within Ascap, it is ^ i The society's position in l(" | vision field, should that mediura l i come a commercial factor in the m' future, is problematic, officials adrr Indications are that television rig] I to music will be the property ll authors, composers and, or publishe ! and whether or not Ascap will he any standing in that field may hi \ • to be decided by test cases in ffl courts. Some Ascap officials estimate tl the juke box field could return $3,00 i . 000 annually to Ascap on the basis 1 ' a license fee of $10 per machine year. The new Federal tax wh: went into effect Oct. 1 placed a le of that amount on the machines. Radio Revenue Frozen Ascap's need for new sources revenue stems from the fact that return from the major radio netwoii: under its new contract is frozen | an estimated $3,000,000 annually U the next 18 years. This compai with a $4,000,000 radio revenue £ \ . year for the society on a basis whi , permitted re-negotiation of contraij at much shorter intervals than is pi vided for in the new contract. The society will lose an estimat' vS4,000,000 in revenue this year asi result of its dispute with the netwdrj ■ Additionally, because of that fight, is saddled with a Federal consent c cree and is confronted with continui competition from the rival Broada Music, Inc., the networks' rmi! licensing organization. Move Managers of Hamrick-Evergree Seattle, Oct. 8. — Al Rosenbei head of Washington state theatres the Hamrick-Evergreen circuit, lr appointed Robert Monaghan ci manager of the Bellingham theatn succeeding the late James Can Monoghan thus moves from t American Theatre to the Mt Bak Theatre in that city*. His position the American will be filled by Jol Bretz, at present manager of the Ne7 tune Theatre in Seattle's LTniversf district. Bretz's successor here has n yet been selected, and Carl Mahi '. manager of the University Egyptia ; is also temporarily directing the Ne tune operation. Seeks New Station In West Virgini Washington, Oct. 8.— The A1H gheny Broadcasting Corp. has appli< to the FCC for a construction perrr for a new 1,240-kilocycle, 250-wa station at Elkins, W. Va. Gilliam in Chicago Chicago, Oct. 8. — Tom R. Gilliai for many years branch manager of i Warner exchange here, and recent manager of Warners' Atlanta, G: office, has joined the sales staff Paramount here, handling city sale 29 States to Celebrate Thanksgiving Nov. 20, and 19 the Following Week This year 29 states will celebrate Thanksgiving Day on Nov. 20 and 19 on Nov. 27, according to the Association of National Adver- tisers. The holiday probably will return to the traditional last Thursday of the month next year, since the House has passed and sent to the Senate a resolution to that effect, and President Roose- velt has voiced support of the measure. States celebrating Thanksgiving this year on Nov. 20 are: Ala- bama, California, Colorado, Connecticut, Idaho, Illinois, Indiana, Louisiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Mississippi, New Jersey, New Mexico, New- York, North Carolina, Ohio, Oregon, Rhode Island, Utah, Virginia, Washington, West Virginia, Wisconsin and Wyoming. Nov. 27 will be Thanksgiving Day in the following: Arizona, Arkansas, Delaware, Florida, Georgia, Iowa, Kansas, Montana. Nebraska, New Hampshire, Nevada, North Dakota, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas and Vermont. Picture idustry MOTION PICTURE DAILY First in and Impartial 50. NO. 72 NEW YORK, U.S.A., FRIDAY, OCTOBER 10, 1941 TEN CENTS 'ara. Debts to •e Exchanged 'or One Loan •0,000, 000 in Debentures Will Be Issued Paramount is further simplifying financial structure by exchang- g its short term domestic loans x a single 4 ifr cent 1 5- par consoli- u t e d debt limiting in e aggregate Im of $_'<>.- .Kl.000, which (11 constitute «? entire out- niding d o - e^tic indebt- iness .rent of the c o m - Burn«\v Ritlahan .iiy. "The present Lis will be combined, it is announced President Barney Balaban, into a iple new debenture issue replacing (Continued on page 6) Broadway Grosses Hold to Good Pace; 4Honky Tonk' Is Big Grosses held to a good pace along Broadway this week, although the big business experienced over the week- end and early in the week, despite the hot spell and World Series com- petition, dropped off in the last two days. "Honky Tonk" had a big opening week at the Capitol, drawing an es- timated $36,500, and began a second week yesterday. "A Yank in the R. A. F." is continuing strong at the Roxy with a stage show, grossing an estimated $57,000 for its second week, which ended last night, and holds over. "It Started With Eve" with the stage presentation at Radio City Music Hall also fared well during its first week with business amounting to an estimated $88,000. Its second week started yesterday. The first week of "The Maltese Falcon" with Jan Savitt's orchestra at the Strand was good for an estimated $38,000 and begins a second and final week today. Universal's "Appointment for Love," (.Continued on page 6) /rltudio Unions Get Counter Proposals Counter proposals were submitted producers' labor representatives sterday to the demands of the nine -TSE studio locals at the office of .t Casey, chairman of the labor nimittee. ]The proposals covered all of the 'mands made by the locals individ- lly. They are reported to have in- >ded a uniform 10 per cent wage rrease, as was given the signatories the studio basic agreement at Xew- < last month. Jurisdictional claims several of the locals were ignored the producers, according to report, the ground that they are matters (Continued on page 6) "ol. Opens Regional Meeting Here Today ^Approximately 85 Columbia home nee and Eastern and Canadian sales presentatives will attend the com- >ny*s second regional sales meeting hich will open at the Hotel War- xk here today, continuing through inday. Abe Montague, general sales man- ner, will preside. The home office |oup will include : Jack Cohn, vice- (Continued on page 7) Warners Preview English War Film Warners yesterday held a home office preview of "Target for To- night," produced by a British Govern- ment Crown film unit. The film de- tails in three reels the planning and execution of a British bombing raid on a German oil depot objective. The picture was reviewed in Mo- tion' Picture Daily on July 24, in a cabled dispatch by Aubrey Flanagan, in which the film was described as (Continued on page 6) See Hope for Peace In Mexican Strike Chances of a settlement of the film workers strike in Mexico City were reported to be favorable again following negotiations resumed there yesterday, home office foreign departments were advised. Extension of the strike to 20th Century-Fox, Universal and United Artists, the com- panies not already struck, would be of only nominal sig- nificance, it was said, since all eight major companies have ended film service to Mexican theatres. Gov't Order Halts Building Of Theatres Washington, Oct. 9. — New theatre construction was brought to an abrupt halt today by orders of the Supply Priorities and Allocations Board, which held that no new construction projects using scarce materials may be started during the emergency un- less they are necessary for direct na- tional defense or essential to the health and safety of the people. In the broadest order of its kind ever issued in this country, SPAB brought under Government control all construction from bungalows to fac- tories, and even some projects of the state and national governments. Projects now under construction, however, will be permitted to be com- (Continued on page 6) Hudson Institutional Ad Plan Is Making Headway By SAM SHAIN Earl Hudson's idea to sell the mo- tion picture industry, institutionally, to the public, through the exhibitors of the country, which was presented Wednesday in Detroit at the conven- tion of Michigan Allied, is making strong headway through the trade, it was learned yesterday. First of the major companies to be considering support of the plan are Paramount, M-G-M and United Art- ists. Additionally, National Screen, it has been learned, is prepared to co- operate by providing special trailers for the institutional drive to exhibi- (Continued on page 6) U.A. Meet Postponed To Early Next Week The meeting of the United Artists board of directors which had been ten- tatively scheduled for today was post- poned to early next week when Mary Pickford was called to the Coast un- expectedly yesterday because of the se- rious illness of an intimate friend. David O. Selznick is scheduled to arrive from the Coast by train this morning, and Miss Pickford is ex- pected to return here this weekend. It was learned that Charles Chap- (Continued on page 6) N. M. Schenck Tells About Bioff Deal Loew's Head Says Bioff Asked for $2,000,000 Nicholas M. Schenck, president of Loew's, Inc., yesterday told Fed- eral Judge John C. Knox and a jury in the trial of William Bioff and George E. Browne a story of the events leading up to the pay- ments of monies to the defendants. The witness, first to be called by the Government, testified the entire day after attorneys for the defendants waived their rights to an opening ad- dress. Schenck again will take the stand Tuesday at 2 P.M. when the trial resumes and his cross-examina- tion by Martin Conboy, attorney for Browne, will continue. David Bernstein, Loew's treasurer, is scheduled as the next witness with the proba- bility that Leopold Friedman or J. Robert Rubin will be the fol- lowing witness. In the course of Schenck's cross- examination by George Breslin, an attorney for Bioff, the witness dis- (Continued on page 7) Scully Reports Many Univ. Circuit Deals The largest number of circuit deals closed by Universal in a comparable period have been signed within the past few weeks, W. A. Scully, vice- president and general sales manager, reported yesterday following his re- turn from a sales trip with W. J. Heineman, assistant sales manager. Among the deals closed are those with many Paramount partners, the RKO circuit, the Famous Players (Continued on page 6) Some Home Offices To Close Monday Home offices of RKO, Uni- versal, M-G-M and Columbia will close at 1 P.M. Monday in observance of Columbus Day, which falls on Sunday but is being celebrated nationally a day later. Paramount plans to operate the full day while 20th Century-Fox will be closed the entire day. Other companies are as yet undecided. 2 Motion Picture Daily Friday, October 10, 194 Readers' Say-So Editor, Motion Picture Daily : I want to take this opportunity to commend you for the splendid cover- age in your publication of the recent so-called Senatorial motion picture in- vestigation. The daily dispatches from Wash- ington were extremely interesting and the calm and objective handling _ of the story was particularly praise- worthy. The industry can be proud of its trade handling of a very dangerous subject. Sincerely, Harry C. Arthur, Jr., Vice-President, Fanchon & Marco, Inc. Archibald Honored Before Joining RAF London, Oct. 9. — Representatives of American companies here today ten- dered a luncheon at the Dorchester House to George J. P. Archibald, joint managing director with Edward T. Carr of United Artists in England, on the eve of Archibald's departure to join the R. A. F. It is reported he may be offered an important key posi- tion in the civil administration. Para. Group Plans Meet on 'Purchase' Neil F. Agnew, Paramount general sales manager ; Robert M. Gillham, advertising and publicity director ; Al Wilkie and Alec Moss and a number of the company's field exploitation men are expected to leave for the studio next week to discuss special sales handling and merchandising of Louisiana Purchase." Personal Mention NEW YORK THEATRES RADIO CITY MUSIC HALL Rockefeller Center DEANNA CHARLES DURBIN LAUCHTON "IT STARTED WITH EVE" ON STAGE: "Dreams" — Russell Markert's clever, imaginative revue. Symphony orches- tra under the direction of Erno Rapee. 1st Mezzanine Seats Reserved Circle 6-4600 CHARLES BOYER Olivia Paulette DeHAVILLAND GODDARD "HOLD BACK THE DAWN" A Paramount Picture *, IN PERSON XAVIER C U G A T AND BAND JAY & LOU S E I L E R PARAMOUNT TIMES SQUARE TYRONE POWER "A YANK in the RAF." with BETTY CRABLE A 20th Century-Fox Picture PLUS A BIG DAY V 7th AVENUE STAGE SHOW A I 50th STREET WF. RODGERS, Loew's vice- • president and general sales manager, will arrive from the Coast Monday. • Frank W. Lovejoy, chairman of the board of Eastman Kodak Co., is the new president of the Rochester Civic Music Association. • Sam Obendorfer of the Warner Theatre department, is the father of a daughter, born this week. • Miriam Karansky has announced her engagement to James Davidson, bookkeeper at the Universal New York exchange. • John P. Donohue, Paramount manager for Puerto Rico, is visiting New York. • Ben Lyon and Bebe Daniels will arrive from the Coast tomorrow and after a week here will leave for Lis- bon by clipper, returning to London. • Mary Benjamin, cashier at the Columbia Des Moines exchange, is spending a two-week vacation at Rock Island, 111. AH. BLANK and G. Ralph • Branton, Tri-States Theatre officials, have returned to Des Moines from New York. • Julius Gordon is here from Beau- mont, Tex., for Paramount home of- fice conferences and new season film deals. • J. J. Friedl of Minnesota Amuse- ment Co. left for Minneapolis yes- teerday. • A. G. Stolte, Tri-States district manager for the Des Moines area, is spending a two-week vacation in Mexico with Mrs. Stolte. • John Day, Paramount manager for Brazil, will leave for Rio de Janeiro tomorrow after a seven-week visit here. • Samuel Kreisler of the United Artists' home office publicity staff leaves today to join the Army. • Fred Armington, supervisor of checkers at the M-G-M Des Moines exchange, is convalescing at home fol lowing a month's illness. Continue to Weigh Minn. Procedure Attorneys for the major companies whose operations in Minnesota are affected by the state's anti-block-of- five law are continuing their meetings in an effort to determine upon a course of action as a result of the state court decision at St. Paul up- holding the constitutionality of the act. Attorneys for some, of the six com- panies met again yesterday for the second time this week to consider the court's decision. A subsequent canvass of the companies represented at the meeting revealed that no final decision has been reached. The companies have until Oct. 23 to file appeals if they elect to do so. 'Foot in Heaven' to Play at Music Hall Warners has closed a deal with the Radio City Music Hall for "One Foot in Heaven," starring Fredric March and Martha Scott, to play the house within a short time. Preceding "One Foot in Heaven" on the Music Hall schedule, and follow- ing the current "It Started With Eve," are: "All That Money Can Buy," "You'll Never Get Rich," "Ap- pointment for Love" and "Suspicion." Appoint Chairmen For 'Night of Stars' Mrs. Herbert H. Lehman and Mrs Roger W. Straus will be honorary chairmen of the Women's Division of the eighth annual "Night of Stars,' LTnited Jewish Appeal show for refu gee relief, to be held at Madison Square Garden on Nov. 26. Other honorary chairmen are : Mrs. Barney Balaban, Mrs. Irving Berlin, Fanny Brice, Mrs. Eddie Cantor, Mrs. Jos eph Strook and Sophie Tucker. Airs. Leo Spitz will act as execu- tive chairman and aiding her will be: Mrs. Nate Blumberg, Mrs. Hal Home, Mrs. Ted Lewis and Mrs. Abraham F. Wechsler. Vice-chair- men include: Mrs. Michael Addison, Mrs. Ben Bernie, Mrs. Sol Boneparth! Mrs. Phillip Brenner, Mrs. Israel Goldstein, Mrs. Irving Lewine, Mrs Louis Nizer and Mrs. Damon Run- yon. Mrs. Albert S. Liebers is direc- tor of the women's division. Col. Votes Dividend A quarterly dividend of 68^4 cents a share on the $2.75 convertible pre- ferred stock of Columbia was declared by the company's board of directors yesterday. The dividend is payable Nov. 15 to stockholders of record Nov. 1. sPALACESS'sf BETTE DAVIS The LITTLE FOXES' "MOONLIGHT IN HAWAII" with LEON ERROL NOTICE OF TRADE SHOWING New York City — Picture TARGET FOR TONIGHT Company Warner Bros. Date .......... Tuesday, October 14, 1941 Time . . . 10 a.m. Place Screening Rm, 321 West 44th St., N. Y. C. Newsreel Parade l\/f ORE war pictures front Md ■* VJL cow are presented in the weei end issues, which also contain intm esting subjects in the rescue of a pat achutist atop a Wyoming mountm and the Conway, N. H., girl foxtn after an eight-day search. The /v% and their contents: fcna MOVIETONE NEWS, No. 10— Para'ctii tist rescued in Wyoming. Find missn girl in New Hampshire. Soviet war film Fur fashions in New York. Water skiit in Florida. NEWS OF THE DAY, No. 20S — Ke Hampshire girl found. Parachutist rescut from Wyoming mountain. Russian w; films. British ship on northwest coast f( repairs. Michigan bridge collapses. Fa fashions. Chimps in St. Louis zoo. Steeplt chase run in Pennsylvania. PARAMOUNT NEWS, No. 13— Neutra ity law discussed in Washington. Hurr cane in Florida. Tornado in Kansas Cit; Parachutist removed from Wyoming moui tain. New Hampshire girl found. Dak; sets up defenses. RKO PATHE NEWS, No. 13 — Trai wreck in Michigan. Moscow civilians leai home defense methods. New Hampshii girl found. Cable workers span Californ chasm. Calisthenic drills in Camden, N. Parachutist rescued from Wyoming moui tain. Marines land in Hawaii. The late in coiffures, New York. Australian convc in Singapore. Coast Guard trains merchai crews in Staten Island. UNIVERSAL NEWSREEL, No. 22— Di fense parade in San Francisco. Merchai crew under Coast Guard training in State Island. Navy tests blimp in Akron, ( New Hampshire child found. British wai ship in for repairs. Hurricane hits Florid Tornado in Kansas City. Rescuers reac parachutist atop Wyoming mountaii "Profit" parade in St. Louis. Fur fashior in New York. Playful chimps in Buffal Rodeo in Texas. Warners Close Deal With RKO Circui Warner Bros, has closed a new sea son product deal with the RKO cir cuit nationally, it was learned yes terday. Ask Review of ' Village' Albany, Oct. 9. — Morris Erns counsel for Arthur Mayer and Jc seph Burstyn, today filed with th Board of Regents of New York Stat a petition for review of the film o Mexico, "Forgotten Village," whic was refused an exhibition license re cently by the state censor board. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday an holidays by Quigley Publishing Compan; Inc., 1270 Sixth Avenue, Rockefeller Cente: New York City. Telephone Circle 7-3101 Cable address, "Quigpubco, New York." Mai tin Quigley, Editor-in-Chief and Publisher Colvin Brown, Vice-President and Genera Manager; Watterson R. Rothacker, Via President; Sam Shain, Editor; Alfred I Finestone, Managing Editor; James A Cron, Advertising Manager; Chicago Bureav 624 South Michigan Avenue, C. B. O'Neit Manager; Hollywood Bureau. Postal Unio Life Building, William R. Weaver, Editor London Bureau, 4 Golden Square, Londo Wl, Hope Williams, Manager, cable addres "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 am Fame. Entered as second class matter Sept. 23, 1938. at the post office at Nev York, N. Y., under the act of March 3 1879. Subscription rates per year $6 in thi Americas and $12 foreign. Single copies 10c REALLY your best friend and severest critic! THE human ear is a critical judge of sound — it won't put up with poor sound in pictures. Good sound, added to good pictures, has made millions of friends as well as millions of dollars for the mo- tion picture industry. Through making available many basic con- tributions that assured finer sound re- cording and higher quality reproduction, ERPI has been privileged for fifteen years to help you in pleasing the ears of theatre audiences throughout the world. Electrical Research Products Inc 195 Broadway, New York, N. Y. Subsidiary of Western Electric Company First of a series of advertisements covering basic developments in the art of talking pictures. Roman BE SHOW1"0 Some Girl in Denver y foX success Storyi 2Oth Centory-Fox „ MtLE'A«iNTHER.A.f. 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"Reco* Contest Entries ! ^cation s ln Havana / f ^ fiewctrd *"<■'« of „u,, r vu" St,"** C°W^ o -^o»s" ;rd *. ^change, K '° v<>ur 20f/| Pour as de/^ors^ * Bf ltul Salesgirl? 6 Motion Picture Daily Friday, October 10, 194 Hudson Institutional Ad Plan Is Making Headway Broadway Grosser Hold to Good Pace 4Honky Tonk' Is Bi^ Para. Debts to Be Exchanged For One Loan (Continued from page 1) an equal amount ol outstanding 3l/i per cent debentures and corporate notes. The exchange offer is effective to Nov. 7 unless extended by the com- pany to a later date. The two classes of outstanding ob- ligations of the company to which the exchange offer applies are the $12,- 681,000 principal amount of 3J4 per cent convertible debentures, due March 1, 1947, and a total of $7,355,- 782 of indebtedness to banks repre- sented by the company's corporate notes, payable from the end of the year to 1951 at intervals. Total $25,000,000 The new debentures, like the pres- ent ones, will be unsecured, but will not be convertible. They will com- prise an aggregate principal amount of $25,000,000 but the company states it has no present intention of issuing any of the additional $5,000,000 prin- cipal amount of debentures over and above those required for the exchange offer. None of the present debentures ex- changed will be reissued, but will be either cancelled or applied to sinking fund requirements, the company stated. Manufacturers Trust Co. is agent for the exchange offer. (Continued from page 1) tors at cost. It is understood that this offer was made by George Dembow, sales head of National Screen, at the Detroit convention. Hudson has been working on his idea for a long time, and with Claude Lee, public relations chief of Para- mount, got it in shape for presentation at the convention. Basically it is a plan for the industry to sell itself through the testimonial utterances of noted local and national figures, which have been made by these eminent per- sons, from time to time, at events of local and national interest. "It is time for the motion picture industry to mobilize its manpower to sell itself in the same manner which the industry never fails to utilize to sell local and national public institu- tions whenever called upon," one ex- ecutive said in supporting the Hud- son-Lee idea. The idea is still in the formative stage and yesterday, over the long- distance telephone, Ray Branch, head of Michigan Allied, spoke encourag- ingly and hopefully that it would be set in motion soon. "Everybody at the Michigan Allied convention," the exhibitor leader said, "thinks it is a grand idea." To Organize Committee It is expected, one leader said yes- terday, that a national committee would soon be organized for finding ways and means of putting the na- tional drive into effect. In Michigan it is stated efforts will be made to start on the plan, locally, at least, with the help of Michigan Allied, the De- troit United (Paramount), Butterfield Circuit and other exhibitor branches. From the original idea of trailer testimonials to be shown in the the- atres the plan has now spread to include billboards and lobby blowups and trade paper, newspaper and maga- zine advertising along similar lines. Such trailers and advertising, it is explained, will have the portrait of the personality who is quoted as the back- ground and on the figure the quota- tion will be superimposed. The idea essentially is an advertising one. Gov't Order Halts Theatre Building (Continued from page 1) pleted if it is possible to get the nec- essary materials. Determination whether a new build- ing project will be given approval in the future will depend upon whether it involves the use of appreciable quantities of critical materials and, if so, whether it is essential that it be carried out at this time. Warners Preview English War Film (Continued from page 1) "splendidly and thrillingly" recording the work of the RAF Bomber Com- mand. Warners have not yet set a release date on the film, which runs 48 minutes. No professional actors are em- ployed, the men involved being mem- bers of the RAF, shown in their routine of war. The film is most notable for its simple realism, with much that is strongly dramatic in- herent in the film record. The film will be released under a percentage agreement with the British Govern- ment, according to company officials. Jonah Jones and E. Catford are given screen credit as photographers. The film will be tradeshown Tues- day at 10 A.M. at the Warner home office. . Scully Reports Many Univ. Circuit Deals (Continued from page 1) Canadian and Odeon circuits in Can- ada and the three-year deals with Fox West Coast and Warners The- atres reported earlier. Deals with Paramount partners in- clude Balaban & Katz, Great States, Minnesota Amusement, Wilby & Kincey, Intermountain Theatres, In- terstate and Texas Consolidated cir- cuits and Mullin & Pinanski. A deal also has been closed with Butterfield Theatres, Michigan. Mutual Takes Over The Maxine Elliott The Maxine Elliott Theatre, legiti- mate stage house on West 39th St., has been leased by Mutual and will be converted into a studio theatre for network shows. It will open Nov. 3 after alterations. The house seats 963 at present. This is the network's first acquisition of a theatre. (Continued from page 1) starring Charles Boyer and Margart Sullavan, has been booked into th Music Hall for an early showing "How Green Was My Valley," 20t Century-Fox picture, is scheduled Jo the Rivoli Oct. 29. "This Woman Is Mine" goes" the Rivoli tomorrow, succeeding "Un finished Business," which finished it fifth week with an estimated $12,00( "Law of the Tropics" opened at th Globe yesterday replacing "Grea Guns," which drew an estimated $5, 100 for the week. U.A. Meet Postponed To Early Next Wee) (Continued from page 1) lin, who had planned to come Eas to testify at the Senate subcommit tee's hearings on alleged film propa ganda in Washington and to attem the board meeting here, cancelled hi plans for the trip when the subcom mitte hearings were postponed indefi nitely. As a result, Chaplin probabl; will be represented by Charle Schwartz, his New York counsel, ii the event the board meeting is held. Selznick May Start Before Year End Chicago, Oct. 9. — David O. Selz nick here today said he expected t> have his first new production fo United Artists release in work by tlv end of the year, with the possibilit; that the second will be in work by th' end of January. He said he was un able to identify the two productions a this time. The producer said that "Gone Witl the Wind" will be released again be fore March 1, 1942, to the smalle theatres which have not yet play© the picture. He emphasized that th picture would not be cut or shown a lower admission scales than before He indicated, however, that exhibi tors may be given a better percentagi leeway in terms than before in ordei to compensate the smaller houses foi a less frequent turnover due to th< length of the picture. Charges Newspaper Pressure on Statior Washington, Oct. 9. — Rogat Jones, owner of KVOS, Bellingham Wash., charged before the FCC to- day that a local newspaper exertec pressure to prevent press association; from serving his station. His charges were denied by W. J. McCambridge, general manager ol Press Association, Inc., who testified KVOS was denied service because it had allegedly "pirated" AP reports. Studio Unions Get Counter Proposals (Continued from page 1) to be settled by the unions involved rather than by the producers. Comment on the counter-proposals could not be obtained yesterday froir representatives of the IATSE locals but they are scheduled to make theii responses to the producers at a meet- ing scheduled for today. Some of the locals had demanded increases of If and 20 per cent. NOW PLAYING ON BROADWAY- THREE GREAT COLUMBIA SHORTS! Mday. October 10, 1941 Motion Picture Daily 7 t M. Schenck Fells About Bioff Deal (Continued from page 1) iscd that Loew's Theatres tlirougli intermediarv, Mort Singer of Chi- fe>. paid Browne $100,000 in the A.' of 1935 to prevent a threatened •fflce against Loew's New York L-atres by operators' Local 306. ihenck related that C. C. Mosko- *• William Fox to Be Called for Sentence Washington, Oct. 12. — Depart- ment of Justice officials announced Friday that William Fox will be called for sentencing on charges of conspiracy to obstruct justice and de- fraud the United States, to which he pleaded guilty in Philadelphia. No date was announced. Attorney General Biddle said that no new trial will be sought for Judge Davis, indicted with Fox, whose two previous trials resulted in jury dis- agreements. AFL Delegates Lay Basis for Browne Ouster Seattle, Oct. 12. — What is be- lieved by officials to be a paving of the way for the elimination of George E. Browne, I. A. T. S. E. president, from the executive council of the American Federation of Labor, oc- curred here when the convention dele- gates in session unanimously voted to amend the Federation's constitution so as to reduce the executive council membership from IS to 13. A. F. L. officials, pointing to the absence of opposition to the amend- ment, indicated they anticipated no difficulty in electing an executive (Continued on page 4) 24 Touring Units Planned For Army and Navy Shows SPG Will Get Mail Ballot on CIO Vote Ballots will be mailed Friday to members of the Screen Publicists Guild here for a referendum on affilia- tion with the CIO. The union will be known as Screen Office and Pro- sionnal Employes Guild, Local 109, if affiliation is voted. At its regular meeting last week, the SPG voted support of the Stop Film Censorship Committee and made a financial contribution to the commit- tee. The amount was not disclosed. The committee includes a number of theatrical unions. One of the largest aggregations of live talent shows ever to tour the country is planned by the Citizens Committee for the Army and Navy as the result of discussions with heads of the armed forces held in Washing- ton last week. Committee officers declared here that they planned to have in operation by Dec. 1 a total of 24 touring units to play before soldiers and sailors. These units are scheduled to give 4,000 performances in the six-month period starting Dec. 1. Vaudeville, musical revues and legitimate stage plays are planned. Six units are now (Continued on page 8) Union -Studio Talks Facing New Problems IATSE Envoys Absent From Negotiations Negotiations with the IATSE studio locals faced new . complica- tions over the weekend as the in- ternational representatives, Steve Newman and Carl Cooper, absented themselves from the negotiations as the locals weighed the producers' counter-proposals. Further complicating the procedure, several business representatives of studio locals received directions to re- turn to Hollywood within a few days, whereas others were instructed by their locals to remain here until they obtained their original demands. No meetings are scheduled with the producers' committee, headed by Pat Casey, today but the sessions are ex- pected to be resumed tomorrow. No agreements were reached at Friday's sessions, at which the representatives of the locals voiced objections to vir- tually all of the producers' counter- proposals. These included wage in- creases for the rank-and-file workers amounting to 10 per cent and in- creases as high as 50 per cent for some classifications of technical workers. Upstate House Wins Clearance Reduction A consent award was entered Fri- day at the New York arbitration board in the clearance complaint against the five consenting compan- ies brought by Cornwall Amuse- ments, Inc., operator of the Storm King Theatre, Cornwall-on-Hudson, N. Y. Under the award, which was en- tered by Osmond K. Fraenkel, arbi- trator, the former 30-day clearance of the Ritz and Broadway theatres, Newburgh, over the Storm King was reduced to a maximum of 20 days for (Continued on page 4) SMPE to Observe 25th Anniversary The Society of M. P. Engineers will observe its 25th anniversary at its 50th semi-annual convention to be held Oct. 20 to 23 at the Hotel Penn- sylvania here. More than 200 dele- gates are expected to attend. On the opening day several new of- (Contimied on page 8) 2 Motion Picture Daily Monday, October 13, 19 Selznick Arrives To Close UA Deal David O. Selznick confirmed the fact that his partnership production deal with United Artists has not been "completely closed," when he arrived here Friday from the Coast. The producer stated that the deal is in good order and that several phases of it already are closed, but that some papers remain to be signed. He said no complications have arisen and - that final closing of the deal is expected during his two-week stay in New York. A decision on a new president for the company also is ex- pected during that time. Selznick said that no formal board meetings of United Artists owners have been scheduled during his stay here and that his meetings with Mary Pickford, Alexander Korda, Edward C. Raftery and other United Artists officials will be of an "informal ' na- ture. Miss Pickford was scheduled to return here yesterday from a brief visit to the Coast. With Selznick on his arrival here were Laudy Lawrence, Selznick's newly appointed special representative, and Val Lewton, his story editor. Canadian Circuit's Managers Convene Toronto, Oct. 12. — Twentieth Cen- tury Theatres, new affiliate of Fa- mous Players Canadian Corp., held its first annual convention of managers here over the weekend under the di- rection of N. A. Taylor, general man- ager ; Raoul Auerbach, executive as- sistant, and Lloyd M. Mills, general supervisor. The agenda included an outline and discussion on plans and policy of the circuit, with a get-to- gether of the managers, many of whom were new to the organization. Albany Variety Club Holds Meeting Today Albany, Oct. 12. — Formation of the new local Variety Club is the order of business at tomorrow's get- together in the Hotel Ten Eyck. The Ten Eyck is slated to be the head- quarters of Tent No. 9, which re- cently got back its old charter from national headquarters in Pittsburgh. M. A. Silver, New York state zone manager of the Warner Circuit, will preside at tomorrow's gathering. Tunberg to 20th-Fox Hollywood, Oct. 12. — William Tunberg, formerly assistant in the 20th Century-Fox story department, has been appointed assistant to Wil- liam Dozier, head of Paramount's story and writing departments. MITCHELL MAY, Jr. CO., INC. INSURANCE Specializing in requirements of the M otion Picture Industry 75 Maiden Lane, New York 510 W. 6th St. Los Angeles Personal Mention D R A. H. GIANNINI is in town from the Coast. James C. Petrillo, president of the American Federation of Musicians, left for Chicago over the weekend by United Airlines. • Vic Carlson of the 20th Century- Fox branch in Chicago has been given an honorable discharge from the Army. • Joseph Bern hard and Harry Goldberg leave for Chicago tonight. JOHN JOSEPH, Universal adver- tising and publicity director, will leave for the Coast tomorrow follow- ing a home office visit of several weeks. • F. L. Harley, 20th Century-Fox managing director in England, is ex- pected here in December. • Frank Woodruff, RKO director, was expected over the weekend from the Coast. • Edward L. Klein, executive of Nu- Art Films, was operated on Friday at Post Graduate Hospital. WB, RKO Ask Cut in N. Y. Tax Assessment Warner Bros. Pictures and sub- sidiaries, Stanley-Mark-Strand Corp. and Intrastate Theatre Corp., have filed five petitions in N. Y. Supreme Court against the New York City Tax Commission for the reduction of 1941 -'42 assessments. The petitioners asked that an assessment of $3,420,000 on the Strand Theatre be scaled down to $2,128,000; $1,125,000 against the Hollywood Theatre to $525,000; $1,- 210,000 on the exchange at 315 W. 44th St., to $885,000 ; $175,000 on the home office building, 309 W. 44th Street, to $150,000; and an assess- ment on a warehouse at 617 W. 54th St. of $976,000 be cut to $641,000. RKO Radio Pictures also filed a petition asking that the assessed valu- ation of $415,000 placed on the Pathe Building at 35 W. 45th Street be re- duced to $250,000. RKO Closes 9 New Season Film Deals RKO has closed nine additional deals on new season product, Ned E. Depinet, distribution head, has an- nounced. The deals have been set with : Florida State Theatres, 102 the- atres ; Kincey Theatres, 86 houses ; Jefferson Amusement Co., and East Texas Theatres, 76 houses ; Lucas & Jenkins, 53 houses ; Everett Enter- prises, 24 houses ; J. Real Neth The- atres, six houses ; Lam Amusement Co., 13 houses ; United Amusement Corp., Canada, 25 houses; Confedera- tion Amusements, Ltd., Canada, seven houses. McGrann Leaves Col. Exploitation Post Frank McGrann, Columbia exploit- ation manager for the past seven years, has resigned to become vice- president of Modern Merchandising Bureau, for which he will handle mo- tion picture tieups. Frank P. Rosen- berg, assistant exploitation manager, has been named acting head of the department. Edington Reported Seeking Settlement Hollywood, Oct. 12. — It is reported that Harry Fdington, former RKO production chieftain, has asked to be relieved of his duties and a settlement of his contract. Edington has been en- gaged in special RKO production ac- tivity under Joseph I. Breen and Sol Lesser. M-G-M Launches New War Department Film Hollywood, Oct. 12. — Darryl F. Zanuck, chairman of the research council of the Academy of M. P. Arts & Sciences, today announced the start of another War Department training film, known as "Operation of a Recon- naissance Patrol at Night." The film, to be made by M-G-M, presents pe- culiar technical problems in that it must appear as having been photo- graphed after dark and the faces of all principals must be darkened in ac- cordance with usual military proced- ure to reduce possibilities of detection by the enemy. Reed Testimonial Set in New Haven New Haven, Oct. 12. — Joseph F. Reed, Connecticut exhibitor who was showing film in this city as far back as 1911, will be guest of honor at a 30th anniversary testimonial luncheon Tuesday at Ceriani's Restaurant. Dr. J. B. Fishman, Samuel Seletsky and Daniel Pouzzner are in charge of reservations for the event, which is sponsored by Allied Theatre Owners of Connecticut, of which Reed is chairman of the executive board. Harry F. Shaw, Loew-Poli division manager, will be master of ceremo- nies. W.B. Plan Premiere Of 'Target' Shortly Warners plan a world premiere of "Target for Tonight" at a first run house on Broadway within the next two weeks, officials of the company stated on Friday. The film was pro- duced by a Crown film unit of the British Government, and is one of the first factual feature pictures of the RAF in action. Ask Only Exhibitors To' Valley9 Tradeshow Exhibitors are requested not to bring their friends to the trade screen- ing of "How Green Was My Valley" at the 20th Century-Fox projection room at the New York exchange, Oct. 20, at 2 P. M. Limited accommoda- tions in the projection room is the reason for the request. Open Krasna Play Nov. 4 The new play by Norman Krasna, "Fire Escape," produced by Frank Ross, will open at the Belasco The- atre here on Nov. 4. Obituaries Reno Exhibitor Killed Reno, Oct. 12.— J. Fred Miller,! manager of the Wigman Theatre, dj as a result of an automobile-truck d lision near Redwood City, Cal. q mother-in-law, Mrs. H. R. Hancj 67, of Santa Cruz, Calif., also \| killed, and his wife, Mildred, 43, injured. Iowa Exhibitor Dies fcvjj Iowa City, la., Oct. 12. — Chart V. Brown, owner of the Strand THj atre here, died late last week in Mel Hospital of a cerebral hemorrhag Brown was a veteran of theatre open tion in the state. Helen Morgan Rites Held Chicago, Oct. 12. — Funeral servia for Helen Morgan, former screen stl and theatrical entertainer, who dil here Wednesday, were held yesterdJ in a La Grange, III, chapel with bu| ial following in that town. Norman V. Norman Dies Norman V. Norman, 67, one Loudon's best known actor manage and former European manager the Shuberts, died in London on day, according to word reaching 1 Second Blackout in Ottawa October Ottawa, Oct. 12. — Ottawa's secol blackout is scheduled for Oct. 26. 11 first, which took place early in t| Summer, was only over a part of capital, while the forthcoming ol in addition to taking in outside lages, will include the entire city. Fourteen theatres are in the are and managers are instructing th( staffs in air raid precautions. T tentative time for the start of I blackout is 10:30 P.M. and it is i expected that theatre attendance \i be affected, owing to the lateness the blackout. May Resume Stage Shou Chicago, Oct. 12. — The Orient large Loop house, may return to sta shows about Oct. 31, Harold Costel executive of the company operatii the theatre, said here. If the poli is changed, Charles Hogan of Wa ners mav book the house. MOTION PICTURE (Registered U. S. Patent Office) Published daily except Saturday, Sunday a holidays by Quigley Publishing Compai Inc., 1270 Sixth Avenue, Rockefeller Cent New York City. Telephone Circle 7-31 Cable address, "Quigpubco, New York." M tin Quigley, Editor-in-Chief and Publish Colvin Brown, Vice-President and Gene Manager; Watterson R. Rothacker, Vi President; Sam Shain, Editor; Alfred Finestone, Managing Editor; James Cron, Advertising Manager; Chicago Burei 624 South Michigan Avenue, C. B. O'Ne: Manager; Hollywood Bureau, Postal Uni Life Building, William R. Weaver, Edit<. London Bureau, 4 Golden Square, Lond Wl, Hope Williams, Manager, cable addri "Quigpubco, London." All contents coj righted 1941 by Quigley Publishing Co pany, Inc. Other Quigley publication Motion Picture Herald, Better Theatr International Motion Picture Almanac a Fame. Entered as second class matt Sept. 23, 1938, at the post office at N/ York, N. Y., under the act of March 1879. Subscription rates per year $6 in 1 Americas and $12 foreign. Single copies 1 "Somewhere in Europe"- each night -the R.A.F. raids the enemy. Here -in a full-length feature -is the authentic, thrilling story! No actors these. From Commander-in-Chief to Ground Crew -they're just men doing a job -a great job! You'll fly with them over the enemy's lines! Unbeliev- able? We thought so too 'till we saw it. Thrilling? Man, this is tops! 4 Motion Picture Daily Monday. October 13, 1 AFL Delegates Lay Basis for Browne Ouster (Continued from page 1) council ticket this week on which Browne's name will not appear. Reduction of the council's member- ship by two, also eliminates the post formerly occupied by Thomas A. Rickert of the United Garment Workers, an A. F. L. second vice- president, who died last July. The vote on the amendment was taken after the law committee, headed by Daniel J. Tobin, Teamsters' union president, recommended it on the ba- sis of a report from the executive council. The official explanation of the move was that it was designed to simplify and expedite council pro- ceedings since it had been difficult to obtain quorums of the council for meetings since its enlargement from eight to 15 members in 1934. It was learned that action on the move had been delayed by the conven- tion in the hope that Browne would resign voluntarily, thus sparing the convention the embarrassment of oust- ing him while he is under fire in Fed- eral court at New York. Reviews Brown-Bioff Trial Resumes Tomorrow The legal holiday today will prevent continuance of the trial of George E. Browne and William Bioff. The cross- examination of Nicholas M. Schenck, president of Loew's, Inc., is expected to be concluded shortly after the trial is resumed at 2 P.M. tomorrow. The Government is expected to con- tinue with Loew executives to com- plete its version of the transactions with the IATSE union leaders. David Bernstein, treasurer for Loew's, is scheduled to follow Schenck and either Leopold Friedman or J. Robert Rubin is expected to follow Bernstein. Officers Nominated For Writers Guild (Continued from page 1 ) dorov, Marc Connelly, Myles Con- nolly, Olive Cooper, Philip Dunne, Francis Faragoh, Joseph Fields, Paul Franklin, Paul Gangelin, Oliver H. P. Garrett, James Gow, Don Hart- man, Boris Ingester, Charles Kauf- man, Harry Kurnitz, Leonard Lee, Robert Lees, Richard Macauley, Rich- ard Maibaum, Brian Marlow, Mary McCall, Jr., Jane Murfin, George Op- penheimer, E. E. Paramore, Jr., Frank Partes, Nat Perrin, Maurice Rapf, Betty Reinhardt, Allen Rivkin, Stan- ley Roberts, Robert Rossen, Stanley Rubin, Dwight Taylor and Harry Tu- gend. "International Lady" (Edward Small-United Artists) LJ ERE is good, substantial motion picture fare of the kind that helped to build the screen's great following over the years. Edward Small has fashioned it from a fast-moving action-filled story, crammed it with adventure, suspense, excitement, and leavened it with romance and an occasional dash of humor. It is stirring entertainment of the kind that gave the name "motion" to pictures. If you have customers who will buy that type of entertainment, you have a fine box-office attraction in "International Lady." It is always on the move, from London in an air raid where govern- ment agents take shelter with an alluring spy, to Lisbon by plane where foreign agents congregate, to New York by clipper where the spy hunt reaches its climax. Always in the background are the deliveries of America's vital planes and supplies to England, while in the foreground are as clever and resourceful a band of spies as fiction or fact has de- vised, together with the equally resourceful, but cleverer, men who hunt them down. George Brent as the FBI man and Basil Rathbone as his friendlv Scotland Yard rival for the distinction of gathering in the ringleaders who have sabotaged American planes and tipped off the sailings of sup- ply ships give smoothly engaging performances. Ilona Massey, as a concert artist and important cog in the spy ring, in other words, as the international lady, provides the romantic interest even when she is in the throes of being a most effective "menace," and does both with a fine talent for conviction and allurement. Lesser roles are faultlessly handled by George Zucco, Francis Pierlot, Martin Kosleck, Charles D. Brown. Marjorie Gateson and Frederic Worlock. Tim Whelan's direction extracts every opportunity for excite- ment and suspense from the screenplay. Running time, 100 minutes. "G."* Sherwin A. Kane Mexico Strike Settled; Meii Get 15% Rais R Jesse James at Bay" (Republic) AILROAD swindlers again meet their nemesis in the person of Jesse James, who in this particular incident in his career, encoun- ters a poker-sharp double, and sings. The yarn is solidly constructed, capably handled by players and di- rector, and further embellished by splendid photography and deft camera maneuvering. Western fans, critical or otherwise, should find the pres- entation wholly satisfactory. Roy Rogers apparently worked overtime in this, appearing in almost every scene as either friend "Jesse" or foe "Clint Burns," the gambler who exploits his resemblance to Jesse via the frame-up route. George "Gabby" Hayes, Gale Storm, Sally Payne, and a number of others par- ticipate. Joseph Kane was associate producer and director. Running time, 56 minutes. "G."* Eugene Arneel "G" denotes general classification. Ballet Caricatured In Alex Gard Book Alex Gard, in a new book, "Ballet Laughs," published by the Greystone Press, offers a series of caricatures of the people who make the ballet what it is in this country. Gard in- dicates what he calls "these grotes- queries" to the artists of the ballet, and Walter Terry, critic of the New York Herald Trib une, has provided an entertaining introduction. Upstate House Wins Clearance Reduction (Continued from page 1) Loew's, 20th Century-Fox and War- ners' product. The complaint was dismissed as to Paramount and RKO when testimony showed that they did not sell to the plaintiff. To Intervene in Camden Complaint Philadelphia, Oct. 12. — Hearings on the clearance complaint of A. M. Ellis of the Parkside, Camden, N. J., were adjourned to Oct. 17 by Robert J. Callaghan, Jr., arbitrator, on Fri- day in order to permit former Judge Joseph Varballow to intervene in the proceedings for his Victoria Theatre, Camden. Ellis's second complaint, involving his Liberty Theatre, Camden, also is scheduled for hearing Oct. 17. The arbitrator took under advise- ment an application by Warners' Lyric, Camden, to intervene in the Parkside case. Ellis'? complaint asks a reduction of the Parkside's second run playing time from 21 to 14 days after first run in Camden. Union Payroll Factor at Hearing St. Louis, Oct. 12.— Union classi- fication of theatres was injected into the hearing of Victor Thien's clear- ance complaint against Paramount and 20th Century-Fox here. Matt Schul- er of Fanchon & Marco testified that the circuit's theatres have a larger payroll than the complainant's. The hearing was adjourned to Oct. 18. Oriental Hearing in Chicago Postponed Chicago, Oct. 12.— Hearing of the Oriental Theatre clearance complaint has been postponed to Oct. 20 by stip- ulation of the parties concerned. This is the third date set. (Continued from page 1) out the strike, since the distribu contended that to agree to the un: ization of those workers would] tantamount to surrendering contJJ their own business affairs. Film Service Resumed In refusing the demand, the tributors were prepared to cease b ness in Mexico indefinitely and stopped film deliveries to Mexi theatres on Oct. 5 after the requi 30-day contractual notice to their counts. American home office fort departments stopped film shipment: their Mexican branches early in strike. Both services were resur immediately, from New York and the theatres. Houses in Mexico ( have been forced to depend on fore and independent product for the [\ week, and, with grosses falling sharply, had petitioned the gove for authority to cut down house r sonnel, which brought new press to bear on the union. W. B. Buys Lawes Story Hollywood, Oct. 12.— Warners have announced the purchase of "My Life in Sing Sing," autobiography of former Warden Lewis E, Lawes. Columbia Endorsi Hudson Ad Propos (Continued from page 1) troit Theatres, described his plan "selling" the industry to the pul by means of advertising testimon: from representative public figures. ' Columbia sales head described the p as "a very constructive and wor while one" and said his company \ support it. The meeting, which closed yest day, was the second of three regio meetings being held this month. M tague said the meetings were fot necessary because of the release production this season of the greal number of top-bracket pictures in company's history. He described top-bracket picture as one costing minimum of $600,000, and said t whereas Columbia in the past relea^ an average of one such picture ev three months, its current seasc, schedule calls for the release of such production every two wei throughout the year. Speed Up Liquidation Montague said that because of tl the sales organization has encountei "bottlenecks" which obstruct or de liquidation of releases. The sales ganization, accordingly, is being geared to speed up picture liquidati he said. For the first time in years, the sa force was told, the company's pi duction schedule has been so comple ly planned in advance that titles a casts of all of the remaining pictui on this season's schedule can be gi\ to exhibitors now. In addition, said, the studio is geared to delh for release a picture every week To maintain the new tempo of i lease and liquidation of pictures, d trict managers meetings will be hi by the company at frequent interv: throughout the year. Monday. October 13, 1941 Motion Picture Daily 5 itudio Activity ndicated by lasting Pace .Hollywood, Oct. 12.— Harold Lloyd lis closed a deal to star Kay iySEB in "My Favorite Spy," com- ■jv by M. Coates Webster, for M.0 release. . . . Young Ray Mo- on ald has been given two "fat" Irts at M-G-M, one the lead i a new story' of American youth )lth Virginia Weidler, and the her teaming with Jl'dy Garland d Marta Egcerth in "Very Warm r May," musical . . . Sam White 11 direct "I'll Be Back in a Flash," :xt Chester Morris vehicle Pine- nomas will produce for Paramount. The Milton Herth trio has arrived -re to be featured in Universal'* 0.000,000 Nickels," story of the ke boxes . . . Louise Beavers is :ycling between retakes for M-G- 's "Shadow of the Thin Man" and 'rurk in "The Vanishing Virginian" 1 . Nancy' Kelly joins Pat O'Brien. \role Landis and Cesar Romero 20th Century-Fox's "Highway to iell" . . . Rudolph Mate, cinema- grapher, has been given a three- iar contract by Alexander Korda. • • t Ricardo Cortez and Joan Wood- ry will be teamed by the Ko- Insky Brothers in "I Killed That tan," for Monogram release. . . . JUL Patrick joins the cast of -G-M's "We Were Dancing" . . . first exploitation special of Pro- wers Releasing Corp.'s new season 11 be "Swamp Woman," starring .CK La Rue and Ann Corio. El- ;r Clifton directs from a screen- ky by Arthur G. Durlan. Mer- ::k-Alexaxder produces. • • IJean Parker has been signed by illiam C. Thomas and William . Pine for three more pictures . . . vtricia Dane joins the cast of -G-M's "I Married an Angel," aich Roy Del Ruth will direct. ANETTE MacDonald and Nelson jdy are starred. iSTustling', Heidt Hit in Minneapolis Minneapolis, Oct. 12. — "Whistling the Dark," coupled with Horace eidt on the stage, did $22,000 at the -pheum. "Dr. Jekyll and Mr. Hyde" counted for $8,500 at the State. Estimated receipts for the week ding Oct. 3-4: Vhistling in the Dark" (M-G M) DR PHEUM — (2.800) (28c-39c-44c-55c) 7 ys. With Horace Heidt and band. Fred •wery, Larry Cotton, others. Gross: 2,000. (Average, $5,500) lere Comes Mr. Jordan" (Col.) A'ORLD — (350) (28c-39c-44c-55c) 7 days. i week. Gross: $2,800. (Average, $1,600) Vhen Ladies Meet" (M-G-M) rEXTURY— (1,600) (28c-39c-44c) 7 davs. i week. Gross: $5,500. (Average. $4,000) •r. Jekyll and Mr. Hyde" (M-G-M) 'STATE — (2,300) (28c-39c-44c) 7 days. oss: $8,500. (Average, $6,000) ■ad Men of Missouri" (W. B.) GOPHER— (998) (28c) 8 days. Gross: :-800. (Average. $2,500) ungle Cavalcade" (5 days) an Antonio Rose" (Univ.) (5 days) lighwav West" (W. B.) (2 days) ight Shoes" (Univ.) (2 days) :\STER-(900) (15c-28c) 7 days. Gross: 800- (Average, $1,000) It Rings Tonight Pottsville, Pa., Oct 12 'THIS city last week started *■ enforcing a curfew for all persons under 16. Mayor Claude A. Lord has ordered police to take into custody all children found on the streets alone after the fire whistle is blown at 9 P.M. 'Parachute' Scores $32,500, Pittsburgh Pittsburgh, Oct. 12. — "Parachute Battalion" and Glenn Miller's band on the stage zoomed to a near-record $32,- 500 at the Stanley. All other grosses were off. Estimated receipts for the week end- ing Oct. 2: "This Woman Is Mine" (Univ.) FULTON — (1.700) (30c-50c) 7 days. Gross: $4,200. (Average, $5,000) "Lydia" (U. A.) LOEWS PEN N— (3,400) (28c-39c-55c) 7 days. Gross: $12,500. (Average, $13,000) "When Ladies Meet" (M-G M) RITZ— (800) (28c-39c-55c) 7 days, 3rd week. Gross: $2,800. (Average. $3,000) "Here Comes Mr. Jordan" (Col.) SENATOR— (1.800) (28c-39c-55c) 2nd week. Gross: $7,300. "Parachute Battalion" (RKO) STANLEY— (3,600) (28c-44c-66c) ()n stage: Glenn Miller's orchestra, variety bill. Gross: $32,500. (Average. $18,000) "The Stars Look Down" (M-G-M) "Smiling Ghost" (W. B.) WARNER — (2,000) (28c-44c) 7 davs. Gross: $4,200. (Average. $5,000) days. days. 'HonkyTonk' Draws $22,500 in St. Louis St. Louis, Oct. 12. — Enjoying its best business since "Boom Town," Loew's drew $22,500 with "llonky Tonk." "Sergeant York" playing at advance prices at the Missouri, grossed $13,500. Estimated receipts for the week end- ed Oct. 2: "Citizen Kane" (RKO) FOX— (5,038) (30c-40c-50c) 7 days. Gross: $7,800. (Average, $11,000) "Ladies in Retirement" (Col.) "Here Comes Mr. Jordan" (Col.) AMBASSADOR— (3.018) (28c -39c -44c -56c) 7 days. Gross: $7,700. (Average, $11,500). "Sergeant York" (W. B.) MISSOURI— (3,514) (40c-50c-60c) 7 days (iross: $13,500. (Average, 30c-40c-50c, $4,000) "Face Behind the Mask" (Col.) "Invisible Ghost" (Mono.) ST. LOUIS — (4,000) (25c-35c) 7 days. Gross: $6,000. (Average. $2,600) "Horky Tonk" (M-G-M) LOEWS— (3,162) (28c-39c-44c-56c) 7 days. Cross: $22,500. (Average. $13,000) 'Caroline' at $7,500; Indianapolis Is Dull Indianapolis, Oct. 12. — "Wild Geese Calling" and "My Life With Caro- line" drew $7,500 at the Circle, only first run to go over average in a warm and rainy week. Estimated receipts for the week end- ing Oct. 3 : "Wild Geese Calling" (ZOth-Fox) "My Life With Caroline" (RKO) CIRCLE— (2,800) (28c-33c-44c) 7 days. Gross: $7,500. (Average. $6,500) "Belle Starr" (20th-Fox) "Private Nurse" (20th-Fox) INDIANA — (3,200) (28c-33c-44c) 7 days. Gross: $7,000. (Averaee. $7,000) "You'll Never Get Rich" (Col.) "Harmon of Michigan" (Col.) LOEW'S— (2.800) (28c-33c-44c) 7 days. Gross: $8,000. (Average, $8,000) "Sun Valley Serenade" (20th-Fox) "Dressed to Kill" (ZOth-Fox) LYRIC— (2,000) (28c-33c-44c) 7 days. 2nd week. Gross: $4,500. (Average, $5,000) Mercy Island /lay, QloAia Middleton • Dickson OTTO KRUGER DON DOUGLAS • FORRESTER HARVEY TERRY KILBURN • WILLIAM MORGAN- Director; Screen play by Malcolm Stuart Boylan From the novel Mercy Island by Theodore Pratt.' A REPUBLIC PICTURE Buy US Defense Bands 6 Motion Picture Daily Monday, October 13. 194 Reviews "All- American Co-Ed" {UA-Roach) Hollywood, Oct. 12 TT AL ROACH's third Streamlined Feature stacks up as superior to *■ *■ bis second, "Niagara Falls," by quite a margin, and a mite less successful than his first, "Tanks a Million," which had the advantage of the vogue for cantonment comedies. This is the strongest of the three in point of marquee values. It offers Frances Langford, Harry Langdon, Johnny Downs, Marjorie Wood- worth and Noah Beery, Jr., as exploitation names, plus Esther Dale, Alan Hale, Jr., Kent Rogers, Joe Brown, Jr., Irving Mitchell, Lillian Randolph and Carlyle Blackwell, Jr., in support. (Presence of the Juniors Beery, Hale, Brown and Blackwell suggests special publicity ideas.) In point of subject matter, the film has timeliness on its side in that colleges are but now getting going and this is all about collegians, and the production utilizes all the essentials of the "Charley's Aunt" idea plus modernization. The college boy who dons the feminine attire enrolls in a girls' school this time, precipitating plenty of complications, most of them funnier than the original. Four song numbers and some dance routines are worked into the proceedings with telling effect by Producer-director Leroy Prinz, whose handling of the whole is up to his best previous endeavors. Running time, 50 minutes. "G."* Roscoe Williams "Billy the Kid in Santa Fe" {Producers Releasing — 1940-'41 Release) \\T ITH a story of minor interest and limited excitement, this is gen- * * erally unimpressive. The performances for the most part are adequate but fail to lift the western above the routine. The yarn adheres to the familiar formula with the hero of the title, Bob Steele, assigned to give the outlaws a dose of their own medicine. Dennis Moore is the obscure clerk, whose brother is framed and who does most of the work for "The Kid," administering revenge through the barrel of a six-shooter. David O'Brien, Al St. John, Rex Lease, Marin Sais and others also take part in the proceedings. Sigmund Neufeld produced the film, which was directed by Sherman Scott. Running time, 66 minutes. "G."* Eugene Arneel 'Wife' Tallies Good $7,900 Seattle Gross Seattle, Oct. 12. — "Our Wife" at the Liberty took a strong $7,900. "Hold Back the Dawn" drew $7,800 at the Fifth Avenue. Competition was afforded by "Hellzapoppin" on the stage at the Metropolitan. The weather was cooler and rainy. Estimated receipts for the week ending Oct. 3 : "Dr. Jekyll and Mr. Hyde" (M-G-M) "Whistling in the Dark" (M-G-M) BLUE MOUSE — (950) (30c -40c- 50c -65c) 7 days, 3rd week. Moved from Fifth Avenue. Gross: $4,100. (Average, $4,000) "Hold Back the Dawn" (Para.) "Scattergood Meets Broadway" (RKO) FIFTH AVENUE — (2,500) (30c-40c-50c- 65c) 7 days. Gross: $7,800. (Average, $7,000) "Our Wife" (Col.) "Harmon of Michigan" (Col.) LIBERTY — (1,800) (30c -40c -50c -65c) 7 days. Gross: $7,900. (Average, $5,000) "Charley's Aunt" (20th-Fox) MUSIC BOX— (950) (30c-40c-50c-65c) 7 days, 5th week. Moved from Paramount. Gross: $3,100. (Average, $4,000) "Belle Starr" (ZOth-Fox) "Down in San Diego" (M-G-M) ORPHEUM— (2,450) (30c-40c-50c) 7 days. Gross: $5,900. (Average, $6,000) "Hello Sucker" (Univ.) "Hurricane Smith" (Rep.) PALOMAR— (1,500) (20c-30c-40c) 7 days. Stage: Vaudeville. Gross: $5,200. (Aver- age, $5,000) "Sun Valley Serenade" (20th -Fox) "Broadway Limited" (U.A.) PARAMOUNT — (3,050) (30c-40c-50c) 7 days, 2nd week. Gross: $5,800. (Average, $6,000) 'Kanes' Scores Big $20,000 in Detroit Detroit, Oct. 12. — Moderate autumn weather helped grosses. The Michi- gan drew $20,000 with "Citizen Kane" and "West Point Widow." The Fox also tallied $20,000, with "Belle Starr" and "Two Latins From Manhattan." Estimated receipts for the week ending Oct. 2 : "Sun Valley Serenade" (ZOth-Fox) "Harmon of Michigan" (Col.) ADAMS— (1,800) (15c-39c-44c-55c) 7 days, 2nd week. Gross: $7,200. (Average, $5,500) "Meet John Doe" (W. B.) "There's Magic in Music" (Para.) FISHER— (2,700) (15c-39c-44c-55c) 7 days. Gross: $6,600. (Average, $7,000) "Belle Starr" (ZOth-Fox) "Two Latins from Manhattan" (Col.) FOX— (5,000) (20c-44c-55c-65c) 7 days. Gross: $20,000. (Average, $15,000) "Citizen Kane" (RKO) "West Point Widow" (Para.) MICHIGAN — (4,000) (15c-39c-44c-55c-65c) 7 days. Gross: $20,000. (Average, $12,000) "Manpower" (W. B.) "The Reluctant Dragon" (RKO) PALMS— (2,000) (25c-39c-44c-55c) 7 days. Gross: $8,000. (Average. $7,000) "Lady Be Good" (M-G-M) "Down in San Diego" (M-G-M) UNITED ARTISTS— (2,800) (20c-39c-44c- 55c) 7 days, 2nd week. Gross: $10,000. Av- erage, $10,000) Seattle Civic Group Forms Film Council Seattle, Oct. 12. — A group of edu- cational and civic leaders has incor- porated the Greater Seattle Motion Picture Council here with a slogan, "Patronize the best — eliminate the rest." Heading the group is Mrs. Charles G. Miller, prominent civic leader and clubwoman. Assisting are Mrs. Theo- dore Farrell, Mrs. Louis Marks, Mrs. Wilbur Zundel, Miss Leona Tolbert, and Mrs. D. M. Deutch. *"G" denotes general classification. 'Foxes' Is Capital Smash at $18,000 Washington, Oct. 12. — A slight de- cline at the box-office was noted, due at least in part to unseasonal heat. "The Little Foxes" at RKO Keith's did a resounding $18,000. Estimated receipts for the week ending Oct. 1-2: "Law of the Tropics" (W.B.) WARNERS' METROPOLITAN— (1,600) (28c-44c) 7 days. Gross: $4,800. (Average, $3,500) "Married Bachelor" (M-G-M) LOEWS CAPITOL— (3,434) (28c-39c-55c- 66c-77c) 7 days. On stage: Jackie Heller. Bryant, Raines & Young, Duval, Three Fonzal Boys, Rhythm Rockets. Gross: $16,500. (Average, $15,500) "The Little Foxes" (RKO) RKO-KEITH'S— (1,843) (39c-55c) 7 days. Gross: $18,000. (Average, $10,000) "Belle Starr" (ZOth-Fox) LOEWS COLUMBIA— (1,250) (28c-44c) 7 days, return 'engagement. Gross: $4,000. (Average, $3,500) "Aloma of the South Seas" (Para.) LOEWS PALACE— (2,300) (39c -55c) 7 days. Gross: $10,000. (Average, $15,000) "Texas" (Col.) WARNERS' EARLE— (2,200) (28c-39c- 55c-66c-77c) 7 days. On stage: Andrews Sisters, Billy Rayes, Roxyettes, Lowe, Hite & Stanley. Gross: $18,400. (Average, $15,000) Theatre-Radio Tieup Lewiston, Pa., Oct. 12. — Station WMRF here is cooperating with the local Rialto Theatre, in giving time to radio personalities when they make appearances at the theatre. Paul O. Klingler manages the house. Smith Again Heading Canada Film Society Ottawa, Oct. 12. — Dr. Sidney Smith, president of the University of Manitoba, has been reelected president of the Canadian National Film So- ciety. Charles G. Cowan of Ottawa, and Victor Lore, Superintendent of Education in Quebec, were returned as vice-presidents. O.C.Wilson, secretary, reported films distributed by the Society through its library units were shown to an aggre- gate audience of 405,000 persons in 1940, as compared with 117,000 in 1939. Sponsor 'Dumbo' Opening The opening of the Walt Disney- RKO feature cartoon, "Dumbo," at the Broadway Theatre on the eve- ning of Oct. 23 will be sponsored by the Vocational Service for Juniors. Set for 'Tulip Time' Hollywood, Oct. 12. — M-G-M plans to feature seven young players in "Tulip Time in Michigan," which will have as a background the annual Michigan flower fete. Theatre Raises Price Woodstock, 111., Oct. 12.— The Mil- ler Theatre here has raised the Tues- day bargain night price from 15 cents plus two cents tax to 20 cents includ- ing tax. 'Store' with Show$22,500 Chicago Lead Chicago, Oct. 12.— The State-Lak. j with "The Big Store" and Liom j Hampton's orchestra and a Harl«;i I Revue on the stage drew $22,SjJ "Sun Valley Serenade" at the ChicffJ Theatre grossed $37,000. "Her 1 Comes Mr. Jordan" at the Unite I Artists took $15,000. Estimated receipts for the wee I ending Oct. 2 : "Aloma of the South Seas" (Para.) APOLLO — (1,400) (30c-40c-59c) 7 day Gross: $5,000. "Sun Valley Serenade" (20th-Fox) CHICAGO— (4,000) (35c-55c-75c) 7 day Stage: Variety bill. Gross: $37,000. (Ave age, $32,000) "Dive Bomber" (W.B.) GARRICK— (1,000) (35c-55c-75c) 7 day ', 2nd week. Gross: $5,000. (Average, $5,00 "Kiss the Boys Goodbye" (Para.) "Blossoms in the Dust" (M-G-M) ORIENTAL — (3,200) (25c-40c) 7 day I Gross: $7,500. (Average, $9,000) "Father Takes a Wife" (RKO) "Parachute Battalion" (RKO) PALACE — (2,500) (30c-40c-60c) 7 M 2. id week. Gross: $12,000. (Averag $ij,000) "belle Starr" (ZOth-Fox) "Nine Lives Are Not Enough" (W.B.) ROOSEVELT— (1,500) (30c-40c-59c) d«ys. Gross: $10,500. (Average, $11,000) "The Biff Store" (M-G-M) STATE-LAKE— (3,700) (25c-35c-4Oc-50 7 days. Stage: Lionel Hampton Orchest &v Harlem Revue. Gross: $22,500. (Ave age, $14,000) "When Ladies Meet" (M-G-M) (1 day, 4th week) "Here Comes Mr. Jordan" (Col.) (6 days) UNITED ARTISTS— (1,700) (30c-40c-59 7 days. Gross: $15,000. (Average, $14,00 1 'Honky Tonk' Gets $14,000 in Frisc< San Francisco, Oct. 12. — "Hon! Tonk" hit $14,000 at the Warfiel Also good despite the hot weathe was $12,800 at the Paramount f< "Hold Back the Dawn" and "Buy i i hat Town." Estimated receipts for the we< ending Sept. 30-Oct. 2 : "My Life With Caroline" (RKO) GOLDEN GATE— (2,850) (39c-44c-55c) days, 2nd week. Stage: vaudeville. Gros $10,500. (Average, $15,000) "New Wine" (U.A.) UNITED ARTISTS— (1,200) (35c-40c-5C 7 days. Gross: $7,600. (Average. $8,000) "Our Wife" (Col.) "Cracked Nuts' (Univ.) ORPHEUM— (2,440) (15c-35c-40c-50c) days, 2nd week. Gross: $6,700. (Averaf $8,000) "Hold Back the Dawn" (Para.) "Buy Me That Town (Para.) PARAMOUNT — (2,740) (15c-35c-40c-5C 7 days. Gross: $12,800. (Average, $11.5C "Navy Blues" (W.B.) "Highway West" (W.B.) FOX— (5,000) (15c-35c-40c-50c) 7 da; Gross: $15,000. (Average. $16,000) "Belle Starr" (20th-Fox) "Charlie Chan in Rio" (ZOth-Fox) ST. FRANCIS— (1,400) (15c-35c-40c-50c) days, 2nd week (Moved over from For Gross: $6,400. (Average, $6,000) "Kukan" (State Rights) CLAY— (400) (15c-35c-45c) 7 days, 9 week. Gross: $1,000. (Average. $1,000) "Honkv Tonk" (M-G-M) WARFIELD— (2,680) (15c-35c-40c-50c) days. Gross: $14,000. (Average, $12,000) Levinger Joins NSS Herbert Levinger, advertising ma has been named special service repr sentative for National Screen Servi in Chicago, replacing Phil Roud resigned. FAME "The Audit of Personalities Eighth annual edition of the industry's international reference authority on talent values is now in preparation by the world-wide staff of quicley publications • • • QUIGLEY PUBLICATIONS ROCKEFELLER CENTER, NEW YORK 8 Motion Picture Daily Off the Antenna RCA has developed more than 40 replacement materials for supplies on the priorities lists, it was announced over the weekend. Of these, about 20 are being used for radio production and a dozen more are scheduled to be in- troduced soon. It was pointed out that many plastics had been developed to replace metals but even plastics are feeling the pinch because of a short- age of formaldehyde needed in their manufacture. The search for an alterna- tive to plastics has been successful in many cases, it was reported. • • • Purely Personal: Frank Danzig, WMCA production man, will join the CBS production staff today and will be succeeded at WMCA by William Royal, formerly with Wheaton Advertising Agency. . . . Alton Cook, World- Telegram radio editor, will act as guest quizmaster of "Kid Wizards" over WHN tomorrow nigh t. . . . Joseph Malone and Rich Hall, CBS writers, hasve been signed by Warners. . . . Thomas Moore, Jr., formerly with J. Walter Thompson and Lord & Thomas, has been named commercial program man- ager at WOR. . . . S annuel H. Gellard has been named assistant general man- ager and sales manager at WBYN, and Norman H. Warembud has been appointed program manager. . . . NBC has renewed Ed East's contract for an additional two years. • • • An annual series of awards is planned by Harper & Bros, for 10 out- standing radio plays. The first awards, contained in "The Writer's Radio Theatre, 1940-1941," by Norman Weiser, which will be published Wed- nesday, are distributed among CBS, NBC and Mutual, with five, three and two, respectively. • • • Program News: Walter Wanger Productions will sponsor a broadcast over 15 Mutual stations Thursday at 11:30 P.M. in connection with the Los Angeles premiere of "Showdown " . . . Lever Bros, has added 15 stations for a total of 72 to the CBS hookup carrying Edward G. Robinson's "Big Town." ... Ed Dooley, heard on Mutual, has been signed by WNEW to broadcast Tuesdays, Thursdays and Saturdays at 7:45, alternating with Bob Considine. NBC-Blue is offering the NBC Symphony for 24 weeks' sponsorship at' the package price of $300,000. . . . Serutan Co. will sponsor Drew Pearson and Robert Allen over NBC-Blue Sundays, 6:30-6:45 P.M. Charge Stahlman Threatened UP on Service to Station Washington, Oct. 12. — James G. Stahlman, publisher of the Nashville Banner, was represented before the FCC on Friday as having threatened to discontinue his United Press Serv- ice if the news agency served a Nash- ville Broadcasting station. The situation was developed by com- mission counsel during the question- ing of Edwin M. Williams, vice- president of the UP, who admitted that the station did not get the serv- ice, but denied it was due to Stahl- man's pressure. Williams, under heavy questioning, went into a number of situations where newspapers had opposed the furnishing of UP service to local sta- tions, but in each instance asserted that publishers' protests were not the controlling factor in the failure of the service and stations to reach a satis- factory agreement. In most instances, however, it appeared that where the newspapers objected, the stations did not get United Press service, it was indicated by the testimony. Para. Meeting on 'Purchase' Friday The Coast meeting of Paramount exploitation executives with Neil Agnew, general sales manager, and Y. Frank Freeman, studio chief, to discuss the distribution of "Louisiana Purchase" will be held at the Am- bassador Hotel in Los Angeles, next Friday through Sunday. Attending, in addition to Agnew and Freeman, will be Robert M. Gill- ham, advertising and publicity direc- tor ; Al Wilkie, publicity director ; Alec Moss, exploitation head ; George Brown, studio publicity chief, the lat- ter's staff, and the following field ex- ploitation men : Sidney Mesibov and Gep Evans of New York ; Fred Bar- tow, Chicago ; William Brooker, Philadelphia ; Arnold Van Leer, Boston; Jack Dailey, Dallas; J. Maxwell Joice, Cleveland ; William Lansburg, Kansas City ; James Lun- dy, Denver ; Norman Sprowl, Cin- cinnati ; E. J. Wall, Albany ; John H. Hewlett, Atlanta, and Ralph Ravens- croft, Los Angeles. Reserves Decision On Quiz of Petrillo N. Y. Supreme Court Justice Julius Miller on Friday reserved decision on an application of the American Guild of Musical Artists to direct James C. Petrillo, president of the American Federation of Musicians, to submit to a comprehensive examination before trial. The Guild seeks to question Petrillo in reference to a suit to re- strain the AFM president from bar- ring AGMA members from the screen, radio and concert halls. Station Supervisor Is Named in Quebec Montreal, Oct. 12. — Maurice Gou- dault, manager of Station CBM and CBF for the past three years, has been appointed supervisor of station relations in the Quebec region, it was announced by the local CBC office. Goudault will have jurisdiction over affiliated and private stations in ad- dition to those of the Government. SMPE to Observe 25th Anniversary (Continued from page 1) ficers and governors of the society will be elected. Emery Huse of Holly- wood, S. M. P. E. president, will open the convention, at which techni- cal papers describing the important advances in the industry will be pre- sented. Television, also, will have a prominent place in the program. The society's 50th semi-annual ban- quet and dance will be held Oct. 22 and its Progress medal and Journal award will be presented to this year's winners at that time. Baltimore Station Asks More Power Washington, Oct. 12.— Station WFBR, Baltimore, has asked the FCC to authorize an increase in power from 5,000 to 10,000 watts. Applications also were received from Stations WHBC, Canton, Ohio, for change of frequency from 1,230 to 1,480 kilocycles and increase of power from 250 to 1,000 watts, and WSBT, South Bend, Ind., for increase of power from 500 to 1,000 watts. A construction permit for a new 740-kilocycle station with 1,000 watts power, day only, was asked by Percy C. Klein, Alexandria, Va. Station WIBC, Indianapolis, asked for in- crease in power from 1,000 watts night, 5,000 watts day, to 5,000 watts night, 10,000 watts day. Chicago Fund Meeting Chicago, Oct. 12. — Members of the theatre division of the Chicago Com- munity Fund met at a luncheon in the_ Congress -Hotel here. Jack:: Kirsch, president of Allied Theatres of Illi- nois, is general chairman of the di- vision. To Revise British Manpower Report London, Oct. 12. — It is believed in certain trade circles here that the re- port on the manpower needs of the film industry will be drastically amended. Industry representatives on the committee which conducted an ex- haustive survey of industry employe needs have indicated their refusal to sign the initial draft, recommending calling up for military service vir- tually all eligible men. A milder ver- sion of the report may be prepared. The committee will meet again on Thursday when a final report is ex- pected to be completed. British Curfew Rule Is Seen As Unlikely London, Oct. 12. — Following confer- ences between representatives of the Cinematograph Exhibitors Associa- tion and officials of the Ministry of Transport and Home Security, over threatened curfew imposition, it was indicated that no arbitrary curfew order may be expected from the Gov- ernment. It was emphasized that the Govern- ment desires to offer no interference with the regular habits of the people unless required to do so for the public safety. It was believed a solution might be worked out by cooperation between exhibitors and local authori- ties, using staggered closing hours and other voluntary adjustments. It is understood exhibitors have been advised that no alteration of op- erating hours of Central London houses need be expected. Plans House in Norfolk Norfolk, Va., Oct. 12.— E. L. Col- lamer, operator of the Park, neighbor- hood '"Ti6use~riere, "plans to erect an- other at a cost of $50,000. The new theatre will seat 700. Previews in Jail Auburn, Cal^ Oct. 12 , n^HE former women's jail ■*- at the Placer County ! Court House here has been converted into a motion pic- ture screening room. It will be used for showing films which first must be approved by the Superintendent of j Schools before being shown in Placer County schools. (ne | Plan 24 Tour Units For Service Shows (Continued from page 1) in operation in various section The program will supplement th. six-times-weekly film shows at th camp which are run by the Arm directly. As Winter shows will ha\ to be given indoors, except in th South, the committee plans to tak over the film theatre on nights whe a committee unit arrives in camp, is expected that a live talent unit wi reach each camp about once a for night, although some units may pla an engagement of several days in tl larger camps. The committee will abandon its po icy of free shows and charge aboi 25 cents admission. The shows will be varied, includir, vaudeville shows, streamlined music comedies, and legitimate comedies ar a few dramas. The shows will pla 72 Army camp theatres and 13 Nav; stations. Representatives of all theatric; unions on Friday at a meeting of tl Citizens Committee here pledged fu cooperation in the undertaking. Libeled by 'Time/ Transradio Claim A libel suit for $730,000 in N. 1 Supreme Court was revealed on Fr day when Time, Inc., publisher < Time, filed application for an ordi directing the examination of the ofl cers of Transradio Press Service, Inc which brought the suit. The complaint charged that the d< fendant in its June 24, 1940, issue pul lished an article which slandered tl plaintiff by stating that it gave fal and inaccurate statements over tl air, was pro-Nazi, and knowingly ga1 radio statements falsified by represei tatives of the German governmer Transradio alleged that as a cons ; quence of the article it lost 40 sul scribers, including a number of in' portant radio broadcasting stations. Philadelphia Store Sponsors FM Shoi Philadelphia, Oct. 12. — The fir commercial FM contract to be sigm in Philadelphia was completed b tween WIP and the local Harry J Dittman advertising agency for tU Adams Clothes Stores to become tl first sponsor of a series of FM pr> grams. The sponsor operates a cha of men's clothing stores in this are The type of show and startir time will depend on the beginning operations of WIP's FM statio W49PH. The FM station will opi- ate on a 24-hour-a-day basis, simil; to the present operation of WIP. xlert, MOTION PICTURE DAILY First in 50. NO. 74 NEW YORK, U.S.A., TUESDAY, OCTOBER 14, 1941 TEN CENTS all Reaction ^avorable to \ew FCC Rule wrt Case Not Expected By Chairman Fly Washington, Oct. 13— Despite lunciation of the new FCC raon- Gy rules by NBC, CBS and the tional Association of Broad- .ters, FCC Chairman James L. • declared today that reaction to new regulations has been "fav- ble." He added that he would "surprised if any one goes to ;rt" in view of the standing offer the commission to consider any dification than can be shown to necessary. "Nothing constructive can be ained by going into court," Fly aid. He declared there would ie no further extensions of ime unless it can be shown ihat such procedure is neces- ary to get operations going in in orderly way. Monopoly regulations, originally is- d in May, have been postponed (.Continued on page 8) Deals Submit Pact Terms to Members Business representatives of the keup artists, property men and ;ps, IATSE locals, have returned H Plywood to submit the producers' inter proposals to their demands on ges and working conditions to the mbership of the locals. They are Vduled to return here to resume *otiations with the producers' labor (Continued on page 8) Holiday Good for BVay Bonus After Strong Weekend With the weather crisp and clear, Broadway yesterday appeared to be the chief objective of the thousands of students and others observing the Co- lumbus Day holiday. Theatre box- offices were unusually active. Lines formed early and were in evidence throughout the day. The Paramount and Roxy each had an extra show in the morning. This was the follow-up to a good weekend, moreover. The Paramount, with "Hold Back the Dawn" and Xavier Cugat's orchestra had a Saturday-Sunday gross estimated at $24,000 and the show is expected to finish its second week tonight with an estimated $50,000. It will continue. At the Radio City Music Hall, "It Started With Eve" and a stage show grossed an estimated $55,000 Thurs- (Continued on page 6) Pickford and Korda Talk With Selznick Mary Pickford and Alexander Korda conferred here yesterday with David O. Selznick on final phases of the latter's producer-owner deal with United Artists, closing of which may take place in a day or two. Miss Pickford returned over the weekend from a brief Coast visit. The three are scheduled to confer during the week on the selection of a new United Artists president. LaGuardia Guest At Ampa Thursday Mayor F. H. LaGuardia of New York will be the honored guest and chief speaker at the second Ampa luncheon meeting of the new season, at the Hotel Edison on Thurs- day at 12:45 P.M., Vincent Trotta, president of the Ampa, announced yesterday. Y. Allied Names Members of Board Albany, Oct. 13. — A permanent ^anization of a New York State 'it of Allied was completed here to- y with the naming of a board of ectors. H. P. Wallace of Auburn -S named chairman of the board ; )e Stone, Albany, treasurer, and onard L. Rosenthal, Troy, execu- e secretary- Other members of the board are larles Wilson, Troy; Clarence TOP, Johnstown ; Mitchell Conery, ivena; and Robert Goldblatt, Tarry- *vn. The meeting was held at the btel Ten Eyck with about 35 ex- oitors present. Loew's, Para. Decide On Selling Methods For Minnesota Soon Decisions on selling procedure in Minnesota may be made by Loew's and Paramount by the end of the week, company officials stated yesterday. \V. F. Rodgers, Loew's vice-presi- dent and general sales manager, said on his return from the Coast yester- day that he has not had time to con- sider future policy in Minnesota since the state's anti-block-of-five law was upheld by the state court at St. Paul, but expected to reach a decision in a few days after conferring with home office sales officials and counsel. A Paramount official said that that company was considering a plan of action and might make a decision by the end of the week. Warners already has indicated it will not sell in Minnesota under the state law and United Artists plans (Continued on page 8) Theatre Advertising Hit By Strike of Newsdealers Theatrical advertising in metropoli- tan newspapers lost considerable circu- lation, it was estimated yesterday, when Newsdealers Federal Labor Union, Local 22371, AFL, started a strike on the newsstands against eight morning and afternoon dailies. The strike got under way unofficially on Friday but did not reach full momen- tum until yesterday, following a strike vote on Sunday. The Brooklyn Eagle and PM were unaffected as the newsdealers had worked out a satisfactory agreement with those papers. The newspapers which were not carried on the stands were World-Telegram, Sun, Post, Daily News, Times, Dailv Mirror. Journal-American and Herald Tribune. The union is demanding full credit for unsold papers, greater profit, elimina- tion of allegedly coercive methods and other concessions. Mark Variety Club Revival in Albany Albany, Oct. 13— More than 100 members and guests greeted the re- turn of Tent No. 9 of the Variety Club at its reorganization in the Hotel Ten Eyck this noon as James Balmer, national officer from Pittsburgh and one of the Tent's 11 charter members, hailed it as a force for charity. Balmer traced the Variety Club's inception and progress to date. Other speakers were Si Fabian, J. Myer Schine and Moe Silver, Warner cir- cuit zone manager and chairman of the temporary reorganization commit- tee. Headquarters will be in the Hotel Ten Eyck, with a formal opening scheduled for Nov. 12. Officers will be elected shortly and will be installed Nov. 20 at a public meeting. Exclusive Run Is Ruled Out Under Decree Appellate Board Denies Loew Plea in Del. Case The selling of exclusive runs by a distributor to its affiliated the- atres is not authorized by the con- sent decree, the arbitration appeals board held yesterday in a decision denying an appeal by Loew's from a decision directing it to offer some run to the Earle Theatre, New Castle, Del. That theatre is in the same competitive area as Loew's Parkway, Wilmington, to which the distributor has been selling its product for years on an exclusive run basis. "To enable independent ex- hibitors to obtain pictures is a basic object of the decree," the appeals board held in affirming the original award of Prof. Ruppert C. Schaeffer, Jr., who heard the complaint brought by David Silver, former owner of the Earle, at the Philadelphia arbitration board last Spring. Loew's relied upon Section 17 of the decree in its appeal. That section specifies that "nothing contained in this decree shall be construed to limit, impair or restrict in any way what- soever the right of each distributor defendant" to sell to its affiliated the- atres "in such manner, upon such terms and subject to such conditions as may be satisfactory to it." The complaint was brought under (Continued on page 8) No Nye-Clark Probe Sessions This Week Washington, Oct. 13. — A meeting of the Nye-Clark propaganda subcommittee is unlikely this week but the members might be called to- gether next week to discuss the future of the investiga- tion, it was stated at the office of Sen. D. Worth Clark, sub- committee chairman, today. Sen. Burton K. Wheeler, chairman of the Interstate Commerce Committee, who appointed the subcommittee, said today on his return to Washington from a speaking tour that he had taken no part in the inquiry and did not expect to. Motion Picture Daily Tuesday, October 14, Y) Browne-Bioff Case To Resume Today The principal part of the Govern- ment case against George E. Browne and William Bioff now on trial before Federal Judge John C. Knox and a jury is expected to start in earnest when trial is resumed at 2 P.M. today. Thus far the time has been occupied with the selection of the jury, opening- statements by Mathias F. Correa, U. S. Attorney, and the testimony of Nicholas M. Schenck, president of Loew's Inc. The cross-examination of Schenck is expected to be concluded shortly after the resumption of the session and additional witnesses are scheduled to take the stand this afternoon. David Bernstein will follow Schenck on the stand, it is understood. At the outset of the trial Correa estimated that 10 days would be occupied with the presentation of the Government's case, and defense counsel at that time stated that a similar amount of time would be required for their side. Frank C. Walker Injured Chillicothe, O., Oct. 13. — Post master General Frank C. Walker was injured today when the National Limited of the Baltimore & Ohio Railroad slid into a freight locomotive near here. Walker, accompanied by his wife, who was uninjured, was treated for a slight head abrasion. Associates Meet Thurs. The Motion Picture Associates will hold a luncheon meeting at the Hotel Lincoln on Thursday, at which final plans for the organization's annual dinner and dance Nov. 19 at the Hotel Astor will be discussed. Broadway theatre managers have been invited to attend the luncheon. NEW YORK THEATRES RADIO CITY MUSIC HALL Rockefeller Center DEANNA CHARLES DURBIN LAUCHTON "IT STARTED WITH EVE" ON STAGE: "Dreams" — Russell Markert's clever, imaginative revue. Symphony orches- tra under the direction of Erno Rapee. 1st Mezzanine Seats Reserved Circle 6-4600 CHARLES BOYER Olivia Paulette OeHAVlLLANO GODDARD "HOLD BACK THE DAWN" A Paramount Picture IN PERSON XAVIER C U G A T AND BAND JAY & LOU S E I L E R PARAMOUNT TIMES SQUARE TYRONE POWER "A YANK in the R.A.F." with BETTY CRABLE A 20tk Century-Fox Picture PLUS A BIG STAGE SHOW ROXY 7th AVENUE 50th STREET B WAY & 47th St. PALACE BETTE DAVIS The LITTLE FOXES' "MOONLIGHT IN HAWAII" with LEON ERROL Personal Mention MR. AND MRS. JOHN MOR- ONEY have returned to Dallas from New York. • Frank N. Phelps, in charge of labor relations for Warner Theatres, has returned from New England and Ohio. Carlos Rocha, director of the film publication, Cinegrafico, of Havana, is visiting here. Harry Lee of the Warner home office publicity department has written an appreciation of Thoreau, "More Day to Dawn," published by Duell, Sloane & Pearce. Howard Shoup of the Warner studio is in town. JACK SEGAL, Columbia assistant foreign manager, leaves for Buenos Aires by plane today to attend the company's Latin American convention. • C. C. Margon, Universal Latin American manager, has left for South America. • Arthur Wilde of the Warner studio publicity department and Norma Lindbloom were married over the weekend at Las Vegas, Nev. • Donald Palmquist, assistant man- ager of the Century Theatre, Min- neapolis, and Irene Johnson were married yesterday in Minneapolis. • Edward Lynch, manager of the New Theatre, Baltimore, has returned from a vacation. CIO to Open Driv For Office Worker Legion Approves Twelve New Films The National Legion of Decency for the current week has approved all 12 of the new films reviewed and classified, six for general patronage and six for adults. The new pictures and their classification follow : Class A-l, Unobjectionable for General Patronage — "Blitzkrieg," "Driftin' Kid," "Gunman from Bodie," "One Foot in Heaven," "Outlaws of the Desert," "Secrets of the Waste- land." Class A-2, Unobjectionable for Adults — "The Feminine Touch," "The Maltese Falcon," "Mercy Island," "Mr. Celebrity," "Sailors on Leave," "Texas." Chicago Oriental to Start Shows Oct 24 Chicago, Oct. 13. — The Oriental here will resume a policy of stage shows and films Oct. 24. The de- cision to use the combination policy was given incentive by the dropping of stage shows by the State-Lake for the current run of "Sergeant York." The Oriental will increase its scale from 24 cents and 40 cents to 35 cents and 50 cents on weekends. Plan to Reorganize Ohio Censor Board Columbus, Oct. 13. — Roy Reicheld- erfer, supervisor of film censorship since 1938, has resigned, effective Oct. 15, and there will be a general reor- ganization of the Ohio censor board, it is learned. Reichelderfer's suc- cessor has not been named. It is understood that Susan War- field, film censor, will be retained, and that two or more inspectors will be appointed for work throughout the State. Set Milwaukee Rules On Coin Machine Fee Milwaukee, Oct. 13. — An agree- ment has been reached on tentative provisions of the proposed ordinance to license coin machines here, includ- ing the city's 23 coin film machines. Coin film machine licenses would cost distributors $20 per machine, plus $50 for the distributor's first 49 machines and $50 for each additional 50 ma- chines together with a $2 premises permit. It is planned to have the ordinance in operation by Jan. 1. Legal Notice of 20th CENTURY-FOX TRADE SHOWING published for the benefit of exhibitors generally Monday, Oct. 20 at 2:30 P. M. HOW GREEN WAS MY VALLEY at 20th Century- Fox Exchange 345 W. 44th St., New York, N. Y. The opening of a campaign by CIO to organize office and profession workers in home offices here will marked Friday at 8 P.M. when Lt\ Merrill, president of the United 03 & Professional Workers of Ameri CIO, formally will present a char to the Screen Office & Professigi Employes Guild, Local 109, at antlj meeting to be held at the Frater' Clubhouse. The SOPEG consists of emplo who were formerly members of Loew's-M-G-M, Columbia, and RH office employes' guilds and the Scr< Readers Guild. The Screen Publici Guild has voted to conduct a refen' dum on affiliation with the new lo! and several other guilds have it un< advisement. Joseph Curran, CIO vi president, is scheduled to speak an( number of film industry and un representatives have been invited be present to witness the presentati Providence Stock Theatre Planm Providence, Oct. 13. — A new st< theatre to be known as Anient Drama, Inc., will open at the PI; house here on or about Nov. 3 un< the joint auspices of Associated Th tres and James H. Doyle. Associa in recent years has operated the PI: house for infrequent road show screen attractions. Doyle used to connected with the old Albee Stc Company. Doyle and Abe Spitz, president Associated, are in New York, gaging players and booking pla When the stock company opens, Pro dence will have more stage enterta ment than in many years, and downtown houses will be in ope tion, an unusual circumstance here To Test Blue Law In Asheboro, N. Asheboro, N. C, Oct. 13.— T city's "blue law," which bans showing of Sunday films, will tested in Randolph Superior Court is learned. City Alderman Francis White, w operates two motion picture theati here, said he would appeal a conv tion for violation of the law, addi that he had shown pictures on 1 Sabbath "because of requests from large number of patrons." MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday 2 holidays by Quigley Publishing Compa; Inc., 1270 Sixth Avenue, Rockefeller Cent New York City. Telephone Circle 7-31 Cable address, "Quigpubco, New York." M tin Quigley, Editor-in-Chief and Publish Colvin Brown, Vice-President and Gene Manager; Watterson R. Rothacker, Vi j President; Sam Shain, Editor; Alfred Finestone, Managing Editor; James Cron, Advertising Manager; Chicago Bure; 624 South Michigan Avenue, C: B. O'Ne 1 Manager; Hollywood Bureau, Postal Uni Life Building, William R. Weaver, Edito London Bureau, 4 Golden Square, Lond Wl, Hope Williams, Manager, cable addn "Quigpubco, London." All contents cot righted 1941 by Quigley Publishing Co pany, Inc. Other Quigley publicatior Motion Picture Herald, Better Theatn; International Motion Picture Almanac a Fame. Entered as second class math Sept. 23, 1938, at the post office at N( York, N. Y., under the act of March 1879. Subscription rates per year $6 in t Americas and $12 foreign. Single copies K HILii i"c in in "in "ill win vetj mm in -m -in -hi nrnn wt's always a m-m-m-m MONEY PICTURE' Story of a modern Lorelei of the South Seas . . . iA White Savage temptress . . . captivating hardy seafarers! HENRY WILCOXON The Screen's New Blaze of Excitement! Directed by GEORGE WAGGNER Associate producer GEORGE WAGGNER 1 Ainsworth d while "A Yank in the R. A. F." makes holdover history in every key city... Week-end in Havana" begins its first engagement at the Denver Theatre, enver, by breaking every opening day record of a decade! Another ectacular showmanship smash from the great smash-makers of 20th! Motion Picture Daily Tuesday, October 14, 194), Holiday Good for B 'way Bonus After Strong Weekend {Continued from page 1) day through Sunday and ends a two- week run tomorrow night. "All That Money Can Buy" is slated to follow on Thursday. "The Maltese Falcon" and Jan Suvitt's orchestra, now in a second week at the Strand, brought an esti- mated $20,000 Friday through Sun- day and bows out Thursday night to make way for "Sergeant York." 'Yank' Continues Strong "A Yank in the R. A. F." with a stage show is maintaining a strong pace at the Roxy. Now in its fourth week, the show grossed an estimated $35,000 Friday through Sunday. "Dr. Jekyll and Mr. Hyde" in its ninth week at the Astor drew an esti- mated $7,000. Warners' "Target for Tonight" goes into the Globe Friday, replacing the current "Law of the Tropics," which grossed an estimated $1,600 Saturday and Sunday. "Burma Convoy" finished a week at the Rialto Sunday night with an estimated $5,200 and was succeeded yesterday by "Fly- ins Cadets." 'Sergeant York' Is Good in Milwaukee Milwaukee, Oct. 13. — "Sergeant York" in its second week at the War- ner was good for $8,800. Runner-up was "A Yank in the R. A. F." and "We Go Fast" with $8,400 at Fox's Wisconsin. Estimated receipts for the week ending Oct. 9: "You'll Never Get Rich" (Col.) "They Dare Not Love" (Col.) PALACE— (2,400) (33c-44c-55c) 7 days. Gross: $5,600. (Average, $4,000) "Our Wife" (Col.) "When Ladies Meet" (M-G-M) STRAND' — (1,400) (44c-65c) 7 days. Gross: $2,400. (Average, $1,500) "Sergeant York" (W. B.) WARNER— (2,400) (40c-50c-66c) 7 days, 2nd week. Gross: $8,800. (Average, $4,500) "A Yank in the R.A.F." (ZSth-Fox) "We Go Fast" (Zttth-Fox) WISCONSIN— (3,200) (33c-44c-55c) 7 days. Gross: $8,400. (Average, $5,500) 'Honky Tonk* Beats Baltimore Hot Spell Baltimore, Oct. 13. — A belated heat wave held down box-office re- ceipts, but "Honky Tonk" took $24,- 500 at the Century and "A Yank in the R. A. F." drew $12,000 at the New. Estimated receipts for the week ending Oct. 9 : "Honky Tonk" (M-G-M) CENTURY— (3,000) (28c-44c) 7 days. Gross: $24,500. (Average, $10,000) "It Started! With Eve" (Univ.) KEITH'S— (2,406) (15c -28c -33c -44c) 7 days, 2nd week. Gross: $10,500. (Average, $9,000) "A Yank in the R.A.F." (20th-Fox) NEW— (1,581) (15c-28c-35c-55c) 7 days. Gross: $12,000. (Average, $7,000) "Navy Blues" (W.B.) STANLEY— (3,280) (15c-28c-39c-44c-55c) 7 days. Gross: $12,500. (Average, $12,000) "You'll Never Get Rich" (Col.) HIPPODROME — (2,205) (15c-28c-39c-44c- 55c-66c) 7 days, 2nd week. New stage show with Three Sailors; Roy Smeck; Lew Parker, Monroe and Grant; and Novak Sisters. Gross: $12,000. (Average, $14,000) Critics9 Quotes . . . "HOLD BACK THE DAWN" (Paramount) Paramount is almost certain to turn a pretty profit with "Hold Back the Dawn." While this Arthur Hornblow production must be classified as a "woman's picture," it is a superior variety of that lucrative screen species. — Newsweek. A drama so vital, so poignant that it must take its place as one of the great pictures of all time. . . . There is little doubt that when voting time comes around for Academy Awards "Hold Back the Dawn" will be high in the list of Oscar possibilities. — Louella O. Parsons, Los Angeles Examiner. An extraordinary blend of warmth and humor, of incisive characterizations and brilliant character bits, of valid drama and romance. Such a host of virtues seems to demand more than a single inspection. — Virginia Wright, Los Angeles News. Sentimentally powerful, it is made more arresting by overtones of mockery and cynicism — echoes of that decadent Europe from which these men and women have fled, yet which hover around them like a bad dream. — Philip K. Schencr, Los Angeles Times. "ICE-CAPADES" (Republic) As in other films of its kind, the clever performances of the skaters is the thing. The story is negligible and the comedy lines and gags are pretty feeble in their attempts to be funny. The Ice-Capades Company, however, with its internationally known stars, is a brilliant organization of fancy skaters and their work in the picture is well worth seeing and applauding. — Kate Cameron, New York News. A gay, light, tuneful and frivolous little movie without too much pretention, and thus a swell hour-killer. — Lee Mortimer, New York Mirror. Skating enthusiasts and those who fancy Jerry Colonna's antics are certain to be regaled. ... I must put down "Ice-Capades" as a minor and rather monotonous entertainment. — Howard Barnes, New York Herald Tribune. "OUR WIFE" (Columbia) The film as a whole fulfills its object admirably, its object being to provide a light and sprightly bit of entertainment. — Donald Kirkley, Baltimore Sun. There is plenty of comedy in the pinches, and romance in the clinches with a few cliches thrown in to make the customers think they have been here before. But it is amusing, and the premiere audience yesterday found it excuse for ample giggling. — Robert B. Cochrane, Baltimore Evening Sun. "LADY BE GOOD" (M-G-M) Runs just nine minutes over two hours, and naturally finds it a little difficult to keep up its pace over that much territory. . . . Scenes are lavish and a couple of production numbers are elaborately staged. . . . They've used some good tunes for the score. — Robert B. Cochrane, Baltimore Evening Sun. A passably entertaining offering, with some grand performers in it. — Norman Clark, Baltimore News-Post. Has some excellent songs, a bright performance by Ann Sothern, and other assets of some value, but the flimsy story drags on interminably long after it has ceased to interest the spectator. — Donald Kirkley, Baltimore Sun. "BELLE STARR" (20th Century-Fox) Splendidly produced and convincingly acted, it is an engrossing addition to Filmland's Americana. — Richard L. Coe, Washington Post. Played by Gene Tierney, she's every man's dream, every woman's des- peration, every heart's desire. Sen. Nye will not like her. — Pat Pretlow, Washington Daily News. Technicolor western with chases in their proper sequence and Gene Tierney offering a rather diluted version of Scarlett O'Hara. — Henry T. Murdock, Philadelphia Ledger. Pretty Technicolor picture enhances the fictional quality and Gene Tierney is a story-book heroine if ever there was one. — Elsie Finn, Philadelphia Record. Sensibly enough, on the score of entertainment, 20th Century-Fox has chosen to treat Belle in the legendary manner. — Mildred Marti, Philadelphia In- quirer. The film's in color, rich and gay. Gene Tierney's sweet as a bouquet, and maids will come from near and far to see Randolph Scott play Sam Starr . . . a movie full of action which should give fans satisfaction. — Chicago Tribune. Belle Starr of the film would not disgrace the Southern belle Lillian Gish played in "The Birth of a Nation." This is no exaggeration — Gene is as sweet, as wholesome, as charming, as cute. — C. J. Bulliet, Chicago Daily News._ Fanciful as it is, "Belle Starr" does manage a surprisingly fresh variation of the usual horse-opera melodramatics. The blood-and-thunder content is normal, the Technicolor photography excellent, and the cast capable enough. — Nezvsweek. "MAJOR BARBARA" (Pascal-United Artists) There are some brilliant passages in the new Shaw film. It was staged with a lavish hand, it has the benefit of an all-star company. . . . But the story is involved and confusing, and the spectator must struggle through a labyrinth of theological and metaphysical arguments. — Donald Kirkley, Baltimore Sun. Has neither the appeal nor the winning humor of "Pygmalion." The new film is a wordy debate attacking the problem of organized charity. . . . There is much that is witty, much that is provocative in the welter of words that pours from the screen. — Mildred Martin, Philadelphia Inquirer. Showmanship Flashes . . J Free 'Shooting Gallery' 'Billy the Kid' Stunt McAdoo, Pa., Oct. 13.— At little cost William Elliott, manager of the Palace here, set up a stunt to feature his exploitation on "Billy the Kid." Using a one-sheet, two 10-cent gun and a few old boards Elliott set up free shooting gallery in front of th" house with young and old alike in vited to try their aim on a "Billy the Kid" bullseye target. Sharpshooters who scored bullseyes received passes to the show. Contest on Welles Used In Promotion for 'Kane' Denver, Oct. 13. — The Orpheum here tied in with the Denver Moni- tor in a contest on "What Do Yot Know About Orson Welles," as pro motion on "Citizen Kane." Tht house also distributed 15,000 num bered cards, with those holding cor- responding numbers posted in th< lobby awarded guest tickets. School Aviation Annex Cooperates on 'Parachute' Teachers at the Haaren High School's aviation annex in New York cooperated with Montague Salmon manager of the Beacon Theatre, dur ing the run of "Parachute Battalion' by arranging an elaborate display a> the school. A parachute jumper ad- dressed an assembly of students dur ing the engagement. Elaborate Campaign Used To Plug 'Honky Tonk' St. Louis, Oct. 13. — An extensive exploitation campaign was arrangec by Rex Williams, manager, and Walh Heim of Loew's here for "Honk} Tonk." The feature race at nearb} Fairmont Race Track was named the "Honky Tonk," and Williams present- ed a blanket of roses for the winning horse. Night clubs and drug store; also cooperated in extended use oi throwaways of various kinds. Nurse and Bed Used For Horror Dual Bill McAdoo, Pa., Oct. 13.— A bed and nurse were planted in front of the house by Manager William Elliott of the Palace Theatre in connection with his twin horror show featur- ing two mystery pictures. The nurse handed out "faint checks" permit- ting patrons to return to the thea- tres should they faint during the show. All marquee lights were out at night with the entire front flooded by liglfts covered with red gelatine. Sports Girl Contest Is Employed on 'Serenade' Baltimore, Oct. 13. — A "Typical Sports Girl" contest, tied-in with a': daily newspaper, was included in the', campaign which Morris Mechanic, owner of the New Theatre, used on "Sun Valley Serenade." An evening daily carried stories and pictures and the New Theatre, in reciprocation, carried the newspaper's promotion on the screen, along with announcements of the contest. ■ ft THE FINEST ACCOUNTING BOOK EVER COMPILED FOR MOTION PICTURE THEATRE OWNERS!! « 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 , r - - 1 , _ . < : $0.00 2 MAIL COUPON NOW Postpaid QUICLEY BOOKSHOP, ROCKEFELLER CENTER, NEW YORK Here is my check for $2.00. Send me "THEATRE MANAGEMENT RECORD". Name Address. City and State Theatre . Motion Picture Daily Tuesday, October 14, lj Exclusive Run Is Ruled Out Under Decree ( Continued from page 1) Section 6 of the decree which pro- hibits consenting distributors from re- fusing to license a theatre for some run of its pictures on terms not cal- culated to defeat the purposes of the section, "unless the granting of a run on any terms to such exhibitor will have the effect of reducing the dis- tributor's total film revenue in the competitive area" involved. Construes Decree "The only question involved in this appeal is whether Section 17 permits the defendant to maintain an exclusive run policy in its own theatre in the competitive area which includes Wil- mington and New Castle," the appeals board held. "A proper construction of Section 17 does not permit the exclusive run policy claimed by the defendant. The right of each dis- tributor defendant to contract with its own theatres for the exhibition of its own pictures is not limited, im- paired or restricted ; but there Section 17 stops. There is nothing in that section limiting the right of indepen- dent exhibitors to obtain pictures pur- suant to the provisions of Section 6." "If the contention of the de- fendant should be upheld," the appeals board decision observed, "it might nullify to a large ex- tent one of the main purposes of the decree. To enable inde- pendent exhibitors to obtain pictures for exhibition in their theatres is a basic object of the decree." If each of the five consenting dis- tributors had the right to grant its theatre an exclusive license in every competitive district, the board held, "the result might well be disastrous to many independent exhibitors who would be able to obtain few if any pictures. In such event many inde- pendent exhibitors might well be put out of business. The decree does not contemplate any such result. Distributor Protected "Section 6 gives each distributor ample protection. If a distributor can show that the granting of a run on any terms to an exhibitor will have the effect of reducing the distributor's total film revenue in the competitive area in which the exhibitor's theatre is located then the distributor may re- fuse a license. If the contrary is true and the distributor's total film revenue is not reduced by granting an inde- pendent exhibitor a run, then the dis- tributor cannot possibly be injured," the board held. Exhibitor Appeals St. Louis Decision St. Louis, Oct. 13. — Louis M. Sosna, Mexico, Mo., exhibitor, has appealed the decision of Fred Arm- strong, arbitrator, in the exhibitor's some run complaint against Loew's. It is the first local case on which an appeal has been taken. John J. Nangle, attorney, has been named arbitrator in the some run complaint of Mrs. Mildred Karch, exhibitor of Rolla, Mo., against all five consenting companies. Theatre Changes Lease Mainstreet, K. C. Kansas City, Oct. 13. — The Main- street Theatre property here, has been leased for 15 years by the Mainstreet Theatre, Inc. The house is to be remodeled and reopened shortly. Re-Equip Sacramento House Sacramento, Cal., Oct. 13. — New equipment installed in the Blumenfeld Circuit's Times Theatre includes an entrance door controlled by an electric eye, opening automatically as patrons leave the ticket window and move toward it. Shift Chicago Assistants Chicago, Oct. 13. — Theodore Dari- otis, former assistant manager of the Roosevelt Theatre, is now assistant manager of the State-Lake, succeed- ing Earl Treulich, resigned. Lawrence Whittaker, chief of service at the Roosevelt, has replaced Dariotis at that house. Buys Pennsylvania House Berwick, Pa., Oct. 13.— William E. Schmidt, owner of two theatres here, has purchased the People's Theatre in nearby Shickshinny. His brother, Robert Schmidt, will manage the house after it has been remodeled and renamed the Center Theatre. Start Charleston House Charleston, S. C, Oct. 13. — Con- struction of a new theatre here, one of two planned by the Theatres Realty Co., owners of the Pastime Amuse- ment Co. Theatres, has begun. Plan Columbus Drive-In Columbus, O., Oct. 13. — A new 1,200-car drive-in theatre will be erected on a 20-acre suburban tract here at an estimated cost of $50,000 by the National Drive-In Theatre Co., of Cleveland, which operates a num- ber of regular and drive-in theatres. This will be their third in Ohio. See Priority Ruling Hitting New Stations Washington, Oct. 13. — Although pointing out that the effect of orders issued last week by the Supply Priori- ties and Allocations Board halting all non-defense construction had not yet been evaluated in terms of radio by the FCC, Chairman James L. Fly to- day declared he "would not advise any- one to attempt to go into the broad- casting industry at this time." No decision has yet been reached regarding the treatment of new sta- tion applications hereafter submitted, Fly said, but it is very unlikely that any new stations will be authorized except in localities now without pri- mary service. Even in such instances, he added, it is yet to be worked out how materials can be provided. The FCC is giving the matter constant attention, in cooperation with SPAB officials and the Office of Pro- duction Management, Fly disclosed. Regardless of the method found, he said, it is "bound to impose a definite impediment in building of new stations." Production of radio receivers in 1941 may run 10 to 15 per cent ahead of 1940, a record year when approxi- mately 12,000,000 sets were manu- factured, but output is currently about 20 to 25 per cent behind consumer de- mand, the Wall Street Journal esti- mated yesterday. Manufacturers have been able to meet current demands by large inventories built up previous- ly, a reduction in the number of models and substitute materials developed, it was pointed out. Standardize Terms In Sound Equipment Hollywood, Oct. 13. — Members of the Research Council committee on sound equipment nomenclature met to- day to consider the standard nomencla- ture for sound equipment now in preparation. The committee is pre- paring a dictionary of terms describ- ing sound equipment in order to standardize discussion among studios. Thomas T. Moulton, Goldwyn sound director, is committee chairman. Locals Submit Pact Terms to Members (Continued from page 1) committee as soon as membership views on the counter proposals have been obtained. Meanwhile, negotiations continued yesterday at the office of Pat Casey, producers' labor representative, with representatives of the studio projec- tionists, electricians, cameramen, sound men, gaffers and wardrobe workers' locals. These locals, it is reported, have instructed their delegates to con- tinue with the negotiations until agree- ments are reached. Up to yesterday, no agreements had been set with any of the nine IATSE studio locals. These locals are continuing their negotiations with- out the aid of the International. Shirley Temple to Star in Air Series Shirley Temple yesterday was signed to appear in a series of four weekly broadcasts on Fridays, Dec. 5 through Dec. 26, 10-10:30 P. M. over CBS. Although Miss Temple has appeared on the radio before, the new contract will be the first time she will appear in a series. Richard Marvin, radio director of William Esty Co., obtained her serv- ices for Elgin National Watch Co., the sponsor. She will sing and act in a number of Christmas plays. The four programs will fill the gap caused by the four-week layoff of Louella Parsons' "Hollywood Premiere" for Lifebuoy. Loew, Para. Decide On Minnesota Soon (Continued from page 1) to withdraw from the state, servicing Minnesota accounts from elsewhere. The latter company has had under con- sideration for some time a plan for consolidation of several of its ex- changes, a phase of which contem- ulated the closing of the Minneapolis branch regardless of the outcome of the Minnesota anti-block-of-five law. Officials of RKO and 20th Century- Fox said they have reached no decision. Call Reaction; Favorable td NewFCCRul (Continued from page 1) several times and under the latest ing go into effect Nov. 15. Nfl Trammell, NBC president, in stati that NBC planned to take the issu' court said, "We rely upon Chairn Fly's statement that he will stay operations of these regulations peii ing the final outcome of the court p ceedings." William S. Paley, C president, stated that his netw would seek a court injunction. Assails 'Political Pressure' "If anybody wants to litigate ti rules there never has been any obj tion to that," Fly continued. "Th certainly is, and always will be, jection to the main form which activities of the networks have tal- in terms of political pressures ; tl is one thing we are going to sta: out in this industry." Fly also expressed the opinion t nothing further will be done with White resolution under which Senate Interstate Commerce subco mittee held extensive hearings on network situation last Spring. Four Principal Points The modifications issued by FCC covered four main points : 1. The order requiring NBC to J vest itself of the Blue network VI indefinitely suspended and will not reinstated except with six monti notice to NBC to dispose of property. 2. Networks may sign two-y< affiliation contracts with stations, stead of one-year. 3. Stations will receive two-y< licenses from the FCC instead of o year. 4. Network options on station tij may not be exclusive, and a stat may give options on or sell the sa time to other networks, and amount of time which a station rr grant to a network under option limited. Commissioners Norman S. C and T. A. M. Craven dissented, they did last May when the origi rules were promulgated. C. J. Durr Nominate To FCC Membersh Washington, Oct. 13. — Clifford Durr of Alabama, since August g eral counsel of the Defense PI Corp., today was nominated by Pr< dent Roosevelt to be a member of FCC, succeeding Frederick I. Thor son, whose term expired June 30 li: Durr, a native of Montgome Ala., is 42, a graduate of Alaba University and a Rhodes scholar Oxford, England. He joined the f construction Finance Corp., of wh' he was made assistant general coun , in 1937. UA Appoints Krieger Cincinnati, Oct. 13. — Paul Krieger, formerly Universal bra; manager here, has been appoin United Artists salesman in Columl succeeding James Hendel, recei promoted to branch manager in Cle land. — ert, | theS^tojtion cture xlustry MOTION PICTITRE DAILY NEW YORK, U.S.A., WEDNESDAY, OCTOBER 15, 1941 TEN CENTS chenck Says oney Paid to eep IA Peace ew s Head Testifies He Feared for Company W ere you afraid of violence to \t person?" Martin Conboy, at- Iiev for George E. Browne, ;d Nicholas M. Schenck, presi- jt of Loew's, as the trial of •wne and William Bioff was re- ned in Federal Court here yes- flav. ! didn't say that," Schenck re- ided. "I was afraid of the conse- pices that would occur to our busi- I if the demands were not met." i he questioning came during the rse of the cross-examination of I enck who had previously testified I E he had waited until 1941 before : klosing to the U. S. Attorney the (Continued on page 4) squire Option on W ashington Circuit Seattle, Oct. 14. — Frederick t Tcy's Inland Theatres Co. circuit b houses in Walla Walla, Ellens- g, Toppenish, Kennewick, Pasco and myside has been acquired under a i. -month operating option by a group Midwest operators headed by S. J. i:egory and P. J. Lee. )uring this option, expiring in Feb- j )ry, 1942, Frederick Mercy, Jr., will ^, as general manager of the houses, " h headquarters in Walla Walla. Ije Mercy houses in Yakima, not hi- ded in the deal, will continue oper- m under the personal supervision | the elder Mercy. Erpi To Be Division Of Western Electric; Stevenson in Charge Electrical Research Products, Inc., will be merged with the parent West- ern Electric Co. about Nov. 1 and its domestic activities will be carried on as the Electrical Research Products division of Western Electric, the latter company announced yesterday. T. Kennedy Stevenson, heretofore Erpi president, will become vice-presi- dent of Western Electric. He will be in charge of the Erpi division and will have direction of the general account- ing, treasurer's and secretary's depart- ments of the parent company. Steven- son was elected a director of West- ern Electric yesterday and will be president of Western Electric Export Corp., a new company to which owner- ship of Erpi's foreign subsidiaries will be transferred about Oct. 31. The company's statement asserted that no change will result in the char- acter or method of conducting Erpi's business and that the changes in cor- porate setup merely are a continuation of the policy of bringing Erpi opera- (Continued on page 4) 32.8 of Set Owners Heard World Series An average of 32.8 per cent of all set holders listened to World Series broadcasts over Mutual, according to Coopera- tive Analysis of Broadcasting surveys. This figure compares favorably with the 1935 series when a rating of 35 per cent was obtained with all net- works carrying the program. The last "nickel series," be- tween the Yankees and Giants in 1937, drew 25.3. The 1938 figure was 33.2; 1939, 21.3, and 1940, 25.2. Raw Stock Duty Cut In Argentine Treaty Washington, Oct. 14. — The State Department tonight made public the new recip- rocal trade agreement with Argentina, under which that country agrees to bind the present duty on motion pic- ture positives, to reduce the duty on raw stock by one- third immediately, and to re- duce the duty on negatives by one-third whenever receipts from imports exceed 270,000,- 000 pesos in any calendar year. The agreement provides also that U. S. products shall not be discriminated against by duties, fees or other imposts or regulations not applied to the products of all countries. UA Will Serve Minn. Houses from Outside Minneapolis, Oct. 14. — United Ar- tists will service Minnesota accounts from either its Milwaukee, Omaha or Denver branches after the closing of the company's local exchange on Oct. 25, it was stated here today. Two weeks notice of the closing has been given to all exchange employes, about 20 in all an including Ralph S. Cramblet, manager. Cramblet said he (Continued on page 4) 6 More IA Locals To Get Pact Terms For 10% Increase Report Britain To Ease Funds Due U.S. Firms Trade Scouts Wall Street Rumors on Currency Business representatives of the final six IATSE studio locals engaged in negotiations with producers' represen- tatives here concluded their discussions last night and left for the Coast to submit the producers' counter pro- posals to the locals' membership. Pat Casey, producers' labor repre- sentative, stated following yesterday's session that no agreements have been closed with any of the nine I A studio locals. He pointed out that failure of the membership of any of the locals to accept the counter proposals would (Continued on page 6) See Selection of U. A. President Again Delayed Wall Street reports heard in the trade yesterday point to the possi- bility that Great Britain may re- lease certain of the blocked funds of the motion picture companies, thus permitting these firms a greater percentage of currency withdrawals for the coming year than has hitherto been allowed. These reports place the amount likely to be authorized for remittance at a figure equiv- alent to 50 per cent of the ag- gregate annual British revenues of the eight major companies. This does not mean, however, that a flat 50 per cent of next year's ren- tals will be authorized but, rather, that a lesser percentage of next year's rev- enue may be designated for with- drawal and, additionally, distributors' (Continued on page 4) Dismiss Memphis Run A ction A gainst Loew's The some run complaint of the Petit Jean Theatre, Memphis, against Loew's was dismissed at the Memphis arbitration board yesterday following hearings, the American Arbitration Association here was informed. Costs were assessed against the plaintiff. Also at the Memphis board, a new some run complaint was filed by the Cotton Boll Theatre, Lepento, Ark., against Paramount, RKO, 20th Cen- tury-Fox and Vitagraph. The Strand, Lepento, was named as an interested (Continued on page 6) United Artists Corp. is still minus a president. Up to last night, none had been selected and the likelihood now appears to be that an immediate choice cannot be made, as Alexander Korda is about to return to Hollywood where pro- duction duties are demanding his time and attention. And Charlie Chaplin is on the Coast right now. It also has been reported that Laudy Lawrence, newly named repre- sentative of David O. Selznick Pro- ductions, Inc., will soon set out on a study of the company's operations, in- cluding the foreign end, and that it is (Continued on page 6) High Court to Hear Argument on Ascap Washington, Oct. 14— The U. S. Supreme Court yesterday agreed to hear arguments in Ascap's appeal from a Federal statutory court decision in the music society's action attacking the constitutionality of the State of Washington's anti-Ascap law. The high court noted probable juris- diction in the case but postponed fur- ther consideration of the question until after a hearing on the merits. The case probably will not be reached by the court for several months, at which time Ascap will have to show that the Washington case differs materially from the Florida anti-Ascap case. The high court last Spring ruled that the Florida law is constitutional. H. T. Long Manager Of Odeon in Canada Toronto, Oct. 14.— H. T. Long, general manager of Associated The- atres, Ltd., he has been named general manager of Odeon Theatres of Can- ada, Ltd., following the resignation of O. R. Hanson. The latter is under- stood to hold a block of stock in Em- pire Universal, Associated Theatres, Sterling Films and Sovereign Films, (Continued on page 6) Motion Picture Daily Const Flashes Hollywood, Oct. 14 REPUBLIC will hold its second quarterly Western sales meeting tomorrow and Thursday at the studio. James R. Grainger, president, will "arrive from Dallas to conduct the meeting with M. J. Siegel, produc- tion head, and Herbert J. Yates, board chairman. Present will be J. T. Sheffield, Northwest franchise holder, and staffs from Salt Lake City, Den- ver, Portland, San Francisco and Los Angeles. • The Pacific Coast Conference of Independent Theatre Owners today announced it will delay its contem- plated action on its resolution calling for a Senate investigation of film in- dustry monopoly "until such time as such procedure may in no way be con- fused with or considered part of the present Clark subcommittee investi- gation." • The industry will make a film for showing in theatres in connection with the Los Angeles Community Chest campaign. Tentatively titled "Dr. Kildare's Baby," the film will be made through the cooperation of the Pro- ducers' Association, Screen Actors Guild and Technicolor Corp. • Bob Hope today filed an injunction suit in Superior Court against Jack Douglas, writer, seeking to prevent him from working for "Red" Skelton or anyone else but Hope. Hope de- clared that Douglas is under exclusive contract to him. Personal LOU JACKSON, head of Anglo- American Pictures, London, will leave for Toronto tomorrow, return- ing here early next week. • Leon Netter, on a trip to Miami, Atlanta and Charlotte, is expected back in New York early next week. • A. H. Kaufman, manager of the Fountain Theatre in Terre Haute, Ind., is at Mayo Clinic, Rochester, Minn. • Harry Feinstein, chief booker for Warner Theatres, Pittsburgh, and Sylvia Fierst are engaged. • Al Rosecan, owner of the Princess Theatre, St. Louis, is recovering from an appendicitis operation. • John G. Paine and E. C. Mills of Ascap will return from .Chicago to- day. Gould Is Toronto Trade Board Head Toronto, Oct. 14. — Theodore Gould, manager of the Toronto branch of Regal Films, Canadian M-G-M dis- tributor, has been elected president of the Ontario Film Board of Trade for the next 12 months, with Joseph Plot- tel, manager of the Warner Toronto office as vice-president and E. H. Wells as secretary. The new credit committee comprises Harry Kuhn of United Artists, Mark Plottel of RKO and Harry Bailey, 20th Century-Fox. Mention NORMAN LEWIS, of the R.M.L. Amusement Co., operating inde- pendent houses in Philadelphia, is ill at the Hahnemann Hospital. • Lou Schaefer, Paramount manager in New Haven, has been appointed chairman of the local theatre commit- tee for Fire Prevention Week. • George B. Prokopic, manager of the Feeley Theatre, Hazleton, Pa., and Mary S. Castrina are engaged. • Abe Goldsmith, manager of War- ners' Waverly, Philadelphia, has re- turned to his post after a long ill- ness. • Al Schuman, operator of the Black Rock Theatre, Bridgeport, Conn., goes into the hospital for a tonsil operation next week. • Max Alexander is in town. ' Liberty' Proceeds To Welfare Groups Contributions totaling $15,000 have been authorized for Catholic, Jewish and Protestant war emergency welfare work out of proceeds from the dis- tribution of "Land of Liberty," the MPPDA executive committee an- nounced yesterday. The donations, of $5,000 each, will be paid to the Chaplains Aid Ass'n for the Military Ordinariate of the Catho- lic Church ; the Jewish Welfare Board for War Emergency Welfare Work and the General Commission on Army and Navy Chaplains of the Federal Council of Churches of Christ in America. W.B. Plans No Scale Rise, Says Bernhard Chicago, Oct. 14. — Joseph Bern- hard, Warner Theatres head, said to- day at a regional meeting of the cir- cuit's managers that although operat- ing costs are expected to increase, Warner Theatres have no intention of increasing admissions. Prizes to managers will be eliminated in the future. Instead a performance plaque will be awarded for outstanding ac- complishments. Buckley to Detroit On Theatre Property Harry D. Buckley, United Artists vice-president, left for Detroit last night to examine a theatre property in which the company is interested. United Artists officials declined to identify the theatre, stating that nego- tiations are in only an elementary stage and there is no likelihood of a deal being consummated immediately. Whitney Back from South America Tour John Hay Whitney, chairman of the Motion Picture Division of the Com- mittee on Inter-American Relations, returned here last night by plane from Miami, following the completion of a lengthy tour of South America in furtherance of the work of his com- mittee, Wednesday, October 15, 1 Defense Boom Aids Grosses in Seattle Seattle, Oct. 14. — Theatres here are experiencing a big box-office increase on week- ends, as a direct result of the major boom in defense indus tries in this area. The Ham rick - Evergreen Music Hall Theatre, as an example, which has been dark for several sea sons, has been reopened for weekend programs only. U. S. Prosecutor in S chine Case Hu\\ Washington, Oct. 14. — HerbJ Borkland, a special assistant to tj U. S. Attorney General, assigned i motion picture anti-trust litigatk suffered a broken collar bone in I automobile accident here yesterdj which took the life of one woma passenger in the car in which he wl riding, and injured another. Borkland had been slated to try tj Government's pending anti-trust si against the Schine Circuit and Cl lumbia, United Artists and Unive] sal in Federal court at Buffjj shortly after the first of the yeJ Indications are that he will be n placed, since his injuries will prevei him from participating in preparatioj for the trial during the next mora or two. Para. Sets Program For Coast Ad Mei Paramount announced yesterday th the three-day Coast meeting of adve! tising, publicity and exploitation mij will start Thursday morning at tl Ambassador Hotel, Hollywood, wi discussions of campaigns for "Birth 1 the Blues" and "Skylark." It will fi followed that evening with screening of "Bahama Passage" and "Sullivan Travels." Neil Agnew, sales head, w! speak Friday and Y. Frank Freemai vice-president in charge of studio o] erations, will preside at an afternoc; meeting. On Saturday, the conventic will consider a campaign for "LouiJ iana Purchase," following a screenir of the film. First Coast Club Meetini Hollywood, Oct. 14. — The Souttj em California tent of the Varien Club held its first luncheon meetirq here yesterday with more than 1(1 present. MOTION PICTURE DAILY (.Registered U. S. Patent Office) Published daily except Saturday, Sunday an. holidays by Quigley Publishing Company Inc., 1270 Sixth Avenue, Rockefeller Centei New York City. Telephone Circle 7-31W Cable address, "Quigpubco, New York." Mai tin Quigley, Editor-in-Chief and Publisher' Colvin Brown, Vice-President and Genera Manager; Watterson R. Rothacker, Vict President; Sam Shain, Editor; Alfred I Finestone, Managing Editor; James A Cron, Advertising Manager; Chicago Burear 624 South Michigan Avenue, C. B. O'Neil] Manager; Hollywood Bureau. Postal Unioi Life Building, William R Weaver, Editor London Bureau, 4 Golden Square, Londoi Wl, Hope Williams, Manager, cable addres "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 anc Fame. Entered as second class matter Sept. 23, 1938, at the post office at Ne* York, N. Y., under the act of March 3 1879. Subscription rates per year $6 in thi Americas and $12 foreign. Single copies 10c 5 COOL, COMFORTABLE WAYS TO GO TO Los Angeles (Two Sections) THE THE SOUTHERNER THE SUN COUNTRY SWOM. Lv.New York ^ USS • • trr. Los Angeles • ACr. Los Angeles • 6:45 am 4:41 pr» 12:45 a-n THt ... Ar' Los Angeles ■ 6-5000. Terminal, 4fnu _MM1(^mssm^^^^: AMERICAN AIRLINES 3«c ROUTE OF THE FLAGSHIPS CATCHING Kisses iVsterr^- i urn tyHAT / r??^ r M-G-M Hit with Frank Morgan, ClaireTrevor,Marjorie Main, Albert Dekker, Henry O'Neill.Chill Wills Screen Play by Marguerite Roberts, John Sanford. Directed by Jack Conway. Produced by Pandro S. Berman. Third week at Capitol as we go to press! Held over everywhere! It's doing over 200% of normal business nationwide. (Get every dime with extended time!) Motion Picture Daily Wednesday, October 15, 194! Exhibitor Assails Policy Of Catering to Columnists Report Britain' To Ease Fundi Due U.S. Firm j Schenck Says Money Paid to Keep IA Peace (Continued from page 1) alleged demands for payments made by the IATSE officials. David Bernstein, treasurer of Loew's, followed Schenck on the stand and corroborated the latter's testi- mony about the alleged extortion pay- ments. The court denied a motion for a mistrial made by Conboy after Schenck testified on redirect exam- ination that he had made other pay- ments to the defendants besides those previously described. Schenck's tes- timony was stricken out after he stated that these additional payments had not been made by him personally. Judge John C. Knox asked the jury to disregard the testimony. Asked to Get Cash Bernstein said that Schenck re- quested him in 1936 to obtain $50,000 in cash with which to pay Browne and Bioff, as the alleged price for IATSE peace in the industry. The witness related that he got this money from his personal account in the National City Bank and turned it over to Schenck. The incident was repeated in 1937, he added. In response to questioning by Boris Kostelanetz, Correa's assistant, Bern- stein testified that he obtained repay- ment of the sum through the device of increasing expense vouchers. He explained that in a number of in- stances he requested executives of Loew's to add sums to their expense vouchers. A number of the vouchers were introduced in evidence. On redirect examination Schenck repeated the story of how he paid Browne $100,000 in 1935 to settle a dispute between RKO and Loew's on one hand and operators Local 306 in New York. The final arrangement with Browne was that Loew's would pay $100,000 and RKO $50,000 for the I A T S E president's intercession. Loew's share was finally boosted over $150,000 in order that Mort Singer, Chicago theatre man and alleged in- termediary in the deal, could offset added income taxes, he testified. Schenck said Singer received a check for the full amount and turned over $100,000 to Browne. Scale Not Involved Schenck denied that Browne and Bioff's demands had anything to do with the union demand for increased scale and said ] that neither Browne nor Bioff at any time referred to an existing dispute between the IATSE and the company. The council for the defendants in their cross-examination of Schenck sought to create an infer- ence that he volunteered information to Correa only after his brother, Jos- eph M. Schenck, had been convicted of tax evasion. The witness denied the inference, stating that at no, time did his conversations with the U. S. Attorney, relate to his brother's con- viction or a further indictment for perjury still pending. Conboy resorted to stenographic minutes of the 1936 basic pact meeting in an attempt to show that Schenck may not have attended that meeting held on April 18, although the min- utes were not admitted to evidence. Editor, Motion Picture Daily : After reading your articles on Fidler's stand against our industry at the recent propaganda investi- gation, I just couldn't help but get the following matter off my chest. Naturally, he was biting the hands that were feeding him, and a mighty nice feed at that. In a way I'm glad that he had the op- portunity to expose his wrong and uncalled-for attitude, and now the studios know once and for all on what side of the fence he stands, and in the future to be more care- ful not to get too intimate with other columnists. Decries Pampering I have had lots of experience in all branches of show business ; ex- ploitation, publicity, stage produc- tion, exhibition, etc., and looking at it from a broad side, I never could understand why it is nec- essary for our industry to spend thousands of dollars annually, wining and dining newspaper, radio and fan magazine corre- spondents, building them into high salaried positions, placing them in a spot where they can turn right around and "double cross" us any time they want to by "knocking" pictures. It's been proven time and again, if a picture is good, the first nighters, through a favorable word-of-mouth campaign aided by exhibitors' selling efforts, will stimulate box-office grosses ; re- sulting in capacity business and extended playing time, from the first-run theatre down to the last run. And on the other hand, you know even better than I, that if a picture is bad, all the columnists of America "combined, using honeyed phrases and sugary methods, raving about that pic- ture, will not bring revenue at the box-office, nor will they sway the average Mr. Public to shout: "That picture was good because Mr. John said so in his column." So why should we obligate our- selves to anybody? If a picture is good we surely don't need columnists to repeat what we ourselves already know. Just like any other industry, we Schenck disputed all such references, contending that he had attended every meeting held. He also refuted a line of cross-examination which attempted to show that he had been friendly with Browne subsequent to the extortion demands. Bernstein will continue on the stand today for direct examination. The Government, it is said, will call either Leopold Friedman or Charles C. Mos- kowitz following Bernstein's testi- mony. Newark, Oct. 14. — - Local 244, IATSE, here today was ordered by Vice Chancellor John O. Bigelow to show cause Nov. 4 why a receiver for the union should not be appointed. The order also required the union to show cause why Louis Kaufman, busi- ness agent under Federal indictment can purchase our own advertising and use any copy we want to sell the picture to the public. If the picture- is bad, we can make an ef- fort through the same method to get the most we can out of it. If it doesn't click, we drop it and concentrate on the next picture. Our industry is one of the largest in America, comparable to the steel, automobile and other industries, and with millions at stake, do you think it's wise to obligate ourselves to "outsiders" with valuable inside information at their disposal ; and if misused, it results in heavy losses to all of us, producers and exhibitors alike. If all the money spent to enter- tain gossip writers, just to obtain a few thousand dollars of free space, were appropriated to mer- chandise our pictures throughout the country, through direct pur- chase of advertising in newspapers or radio we would have 100 per cent of our own publicity re- leases, thereby upholding the dig- nity of our industry. Losses in revenue do not affect executives but thousands of employes as- well. Trade Papers First The procedure of publicity re- leases would be to give them to our own trade papers, who we know are interested in the suc- cess of the industry. They pass the information on to the exhibi- tors, who in turn give it to news- papers or radio locally through the medium of paid advertising for the purpose of attracting people to theatres. The gossip writers didn't start this business. It was the pioneer- ing efforts of many executives still active today, through their creative and merchandising abil- ity, who built our industry to the present position. Let's use that same pioneering spirit by uniting the friendly cooperation of pro- ducer, distributor and exhibitor, for the sole purpose of furnish- ing entertainment to a free people ; and by all means, for our own security, let's do it ourselves. Ed Harris, Manager Glendale Theatre, Glendale, Cal. to extort more than $1,000,000 from motion picture companies, and other officers should not be enjoined from exercising their duties. Six members of the union brought the suit. Erpi to Be Division of Western Electric (Continued from page 1) tions into the closest possible relation- ship with the parent company, a policy inaugurated in 1937. D. C. Collins will continue in the new division of Western Electric as Eastern manager, C. W. Smith as Western manager, T. E. Shea as chief engineer, F. B. Foster, Jr., as com- troller, and P. L. Palmerton as sales manager. E. S. Gregg will be vice- president and general foreign manager of the new export company. (Continued from page 1) currency already blocked in Lonck i may be released in an amount suftg cient to bring the total remittances fdl the year to i>0 per cent of their egf I ings. *H Comment from company officials, i ' regard to these Wall Street repor was that they knew of no definii agreement of any kind having bee reached. It is said that negotiations fc arger currency withdrawals by tH p.cture companies from England an release of at least part of the con panies' blocked currency have beefM going on for many months betweJB England and the United States bd that there has been no definite agret . ment yet. The U. S. State Depart ment, it is said, is in full charge ( ; the negotiations for the companies. • Washington, Oct. 14. — State Dt partment officials said tonight thi negotiations are still continuing wit the British government on the treai ment of American funds now frozen i England, including those from fill distribution in that country, but r< fused to comment on reports that a agreement had practically been reache which would increase the percentage the companies would be permitted t< withdraw. They said that the negotiations wer designed to ease the restrictions no\ imposed, and that film money was on of the important phases of the con versations which are being carried o in both Washington and London. UA Will Serve Minn.i Houses from Outside (Continued from page 1) was to receive further instructions thiJ week. Although the move was made ostens I ibly because the company considers i I cannot do business under the MinnesoH to anti-block-of-five law, it wa I known that United Artists had con I sidered closing the Minneaoplis ex I change in a move to consolidate sev I eral of its less important branches! However, the company's salesmen, opJl erating from a base outside the stat M can consummate sales within MinnesoH sota, it was stated, since film shi™ ments then will be in interstate coraj merce and will not be subject to thj state law. Charles Hoxie, Sount Film Inventor, Diei Schenectady, Oct. 14. — Charles A. Hoxie, 74, inventor in the fields o i sound films and radio communication died at his home in Alplaus, near here yesterday. He is generally credited with having contributed to the devel- opment of sound on film. He wai employed as a research engineer bj General Electric Co. for 20 years unti his retirement in 1932. 'Vallei/ Opens Oct 28 "How Green Was My Valley.' 20th Century-Fox film, will open at the Rivoli on Broadway on Oct. 28, instead of Oct. 23, as first scheduled. 6 Motion Picture daily Wed nesday, October 15, 19' See Choice of UA President Again Delayed Reviews "The Chocolate Soldier" (M-G-M) r\ RAWING upon Ferenc Molnar's great comedy, "The Guardsman," for its plot, upon Oscar Straus' immortal operetta, "The Chocolate Soldier," for most of its music and lyrics, upon the Metropolitan Opera Company for its brilliant young star, Rise Stevens, and upon M-G-M's own roster of marquee talent for Nelson Eddy, this production of Victor Saville inevitably holds a great deal of entertainment for almost any kind of audience. Ernst Matray has created and staged charming ballets. Music and lyrics are by Gus Kahn and Bronislau Kaper. Nigel Bruce, Florence Bates, Dorothy Gilmore, Nydia Westman, Max Barwyn and Charles Judels round out the cast. In this tuneful vehicle, Miss Stevens has many opportunities to sing. Hers is a rich, colorful voice and one which should have audiences clamoring for more. She is attractive as well as pleasing to the ear, making the team of Eddy and Stevens rich in box-office potentialities. The plot of "The Guardsman" makes the introduction of musical items easy. Eddy and Miss Stevens are stars of a musical comedy. Married to her, he became suspicious of her affections for other men and under- takes the greatest acting role of his career — that of a Russian guardsman who attempts to woo Miss Stevens. Unlike the first treatment of that story for the screen in 1931, the plot here is altered to have Miss Stevens penetrate the disguise as soon as Eddy starts his deception. Thereby, much of the suspense is lost and slow movements result, but the occa- sional tedious interludes are forgotten when the pair starts singing again. Bruce, as the critic-friend of the couple, turns in a superb performance. The plot, however treated, is one which has an intrinsic humor and many boisterously funny scenes result. Although there is nothing objec- tionable in its treatment for adult audiences, the story, obviously, is not for children. There are several lavish productions of dances and songs but most of the singing takes place in off-stage scenes. Roy Del Ruth directed. Running time, 102 minutes. "A."* Edward Greif "Unholy Partners" (M-G-M) EDWARD G. ROBINSON, playing a crusading editor, and Edward Arnold, a gambler and racketeer, are the "Unholy Partners" in a New York tabloid newspaper. A fast-moving and interesting motion picture is built around the conflicts resulting from their opposed motives. The quality of the acting, plus competent direction by Mervyn LeRoy and adequate story material make this film much better than many others which have used a newspaper background. Samuel Marx was the pro- ducer. Returning from World War I Robinson seeks backing for a tabloid newspaper but has no success until he wins $150,000 from Arnold and the two become partners. The gambler does not attempt to interfere with the newspaper until its crusading activities affect his interests. Finally the editor is given the alternative of turning over his share of the paper or allowing a cub reporter, played by William T. Orr, to be killed. But, in defense Robinson kills the gambler and has the boy set free. Then he takes off in a plane on a fatal attempt to fly the ocean, leaving the paper in control of his secretary, Laraine Day, whom he was about to marry, and the favorite reporter. In addition to the fine acting by Robinson and Arnold, Miss Day does very well as the faithful secretary. Marsha Hunt plays the other girl whom the reporter loves. She sings one song, "After You're Gone." The cast also includes Don Beddoe, Walter Kingsford, Charles Dingle and others. Running time, 94 minutes. "G."* M. Q. Jr. (Continued from page 1) the intention of the stockholders that Lawrence shall play a larger role in the affairs of United Artists manage- ment as that situation will demand. Lawrence is former European rep- resentative of M-G-M and consid- ered among the topnotchers in the trade. There have been two candidates mostly under consideration, but since a unanimous vote of stockholders is necessary, it is said, to elect a presi- dent, a choice has not been made. It is reported that under the terms of the company's agreement with David O. Selznick a unanimous agreement upon the choice of president is abso- lutely conditioned. One of the two candidates who was considered was vetoed by one of the stockholders and the other candidate's terms were considered by the stock- holders as too rigid to grant. Senate Film Probe Attacked by Editor San Francisco, Oct. 14. — The Sen- ate sub-committee probe of the film industry was rapped as "Nazi in man- ner, and in the approved Fascist pat- tern" by Grove Patterson, editor of the Toledo Blade and former presi- dent of American Newspaper Editors Association, addressing the Com- monwealth Club here. Patterson said it was a case of the party in power persecuting a specific group. *"A" denotes adult classification. *"G" denotes general classification. H. T. Long Manager Of Odeon in Canada (Continued from page 1) other companies from which he re- signed. Although reported to be forming a new film exchange in Canada, Hanson, in partnership with Gordon D. Fairley of Toronto, has opened the Palace at St. Catherines, Ont. Odeon has named James Kadurka manager of the new Odeon at Sarnia, Ont. The last of the Odeon houses is expected to be that now under con- struction at Kingston, Ont. New Television Film A series of 14 animated cartoon films, running one minute each, will be used by Botany Worsted Mills for weather forecasts over WNBT, NBC television station. Each film forecasts a different kind of weather. Douglas Leigh produced. New Bob Hope Film Title Hollywood, Oct. 14. — "You're Dan- gerous" is the new title for the forth- coming Bob Hope-Madeleine Carroll film formerly known as "My Favorite Blonde," Paramount announced today. Quoth He A VP dispatch from London quotes George Bernard Shaw in a letter to the Lon- don "Times" to the effect that he approves modernization of his plays by film producers if they observe the principle that "genius alone has the right to tamper with genius." 6 More IA Locals^ Ml To Get Pact Term (Continued from page 1) involve reopening of the negotiado; with such locals. The final IA units to wind up the negotiations here were the studio < * jectionists, electricians, camerame sound men, gaffers and wardroi workers. Makeup artists, property mi and grips ended their negotiate earlier and left for the Coast. The principal phase of the produce! counter proposals was a 10 per ce increase for the nine locals and vai ous adjustments of working conditio: The producers rejected all demands the locals involving jurisdiction claims over workers in other unions the grounds that such claims should settled by the unions themselves. Studio labor representatives also 1( for the Coast yesterday, among the Charles Boren, Paramount; Sidn Rogell, RKO ; Fred Myers, 20th Ce tury-Fox ; Carroll Saxe, Warner Dave Garber, Universal, and Fred Pi ton, assistant to Casey. The latt is remaining here. Dismiss Memphis Ru Action Against Loew (Continued from page 1) party. The complaint charged th runs offered by the four distributo were on terms calculated to defeat t purpose of the some run section the decree. The 15th case to go to the arbitr tion appeals board was filed yesterd; by Andora Amusement Co., Plainfiel N. J. The appellant won a nine-dii reduction of clearance on Paramoui RKO, 20th Century-Fox and Warne^ product for its Liberty Theatre relation to the Strand, Paramount ai Oxford, Plainfield, in an award ma' Sept. 23 by James A. O'Gorma Jr., arbitrator. However, Andora h; asked that the prevailing 30 daj clearance of the three theatres ov j the Liberty be reduced to 14 da; after single feature bookings a< seven days after double features. St. Louis, Oct. 14. — Hearing < the some run complaint of Mrs. M: dred Karch, Rolla, Mo., against tl five consenting companies, has be? set for Oct. 21 here. New Process Aids Television Image Research for greater contrast in tel vision images has resulted in a ne chemical process to reduce extraneo reflections from glasSj RCA report yesterday. Exposure of hydrofluoi acid vapor to glass reduces the refle tion and, in the case of lenses, increas their light transmitting speed. THE CONTINENTAL Lv. 5:10 pm. Thru Mainliner sleeper to Los Angeles. No change of planes. Fly the cool, scenic Main Line Airway. Arrive Los Angeles 8:30 am. Four additional day- light and sleeper flights. ★ Call travel agents, hotels or UNITED AIR LINES Airlines Terminal: 80 E. 42nd St. 649 Fifth Ave. 69 Wall St. Pennsylvania Hotel Phone MU-2-7300 DIRECTED BY A „y PICTURE MORE PRINTS THAN WE HAVE EVER USED BEFORE have be en ordered on "Sundown11 so that you can positively be one of the hundreds of showmen to play it Day and Date on October 31st at the peak of its great $100,000. national ad campaign! CO to to t<0 4c 0g lert, MOTION PICTURE DAILY . 50. NO. 76 NEW YORK, U.S.A., THURSDAY, OCTOBER 16, 1941 TEN CENTS anger Leaves ,A. to Form is Own Unit A. Gets 100% Control Wanger Productions 'alter Wanger, after having e 17 pictures for United Art- since 1937, which are said to e grossed aggregate , 000 , 000 erday sev- [ his con- ions with company, nger ar- (1 in the yesterday came to a ing of the s with U. it the same The pos- lity of his v i n g the ipany, however, has been brew- tor some time. His contract U. A. had more than four r> to run. Wanger plans to n a new producing company, leaving, Wanger turns over his (Continued on page 7) RKO Will Not Sell Minn. While Bound By Consent Decree RKO will not sell in Minnesota as long as the state's anti-block-of-five law is on the statutes and the com- pany is bound by the selling provisions of the Federal consent decree, com- pany officials revealed yesterday. Whether the company will take an appeal from the state court decision at St. Paul denying the consenting distributors a temporary injunction re- straining enforcement of the Minne- sota law has not been decided yet and is still under consideration by com- pany counsel, it was said. Asked whether RKO would petition Federal Judge Henry W. Goddard for an exemption from the consent decree to permit it to sell in Minne- sota, Ned E. Depmet, vice-president in charge of distribution, answered with an unqualified "No." Paramount, Loew's and 20th Cen- tury-Fox, the remaining companies af- fected by the Minnesota law, are scheduled to reach decisions this week. (Continued on parte 8) Walter Wiin grer Navy Not to Censor Any Domestic News Washington, Oct. 15. — "Ab- solutely no censorship" of do- mestic news broadcasts is in- volved in Navy Department plans for censorship of over- seas communications, Secre- tary Frank Knox said today. Knox, in declaring that plans are well under way, but prob- ably will not be initiated for some time, commended the excellent cooperation of the various services on domestic news. He emphasized the vol- untary avoidance by the news services of publicity on cer- tain restricted matters. U.S. Asks for Wide Relief in Crescent Case Browne Out as Vice-President Of Federation Defeated for Reelection At AFL Convention mcel Advertising In Dealers' Strike ancellation of newspaper advertis- was reported yesterday owing to non-delivery of newspapers in the ice of the Newsdealers Federal or Union against eight New York ies. The newspapers have, there- decided that if the dispute is not led without delay they will dis- ute the papers through newsboys, ■oth sides met yesterday with Ar- S. Meyer of the State Mediation ird but reached no agreement, .vspapers can be bought at rela- ly few newsstands. Majors Are Sued By N. /. Exhibitor Atlantic Citv, N. J., Oct. 15— M. E. Blatt, president of Mebco Realty Co., and Oliver A. Unger, president of the Mebco Theatre Co., have filed an anti-trust action in Federal Court here against the eight major com- panies. Mortimer Lewis, George Weil- land, Frank and Flora Gravatt and the Ventnor Realtv Co. The plaintiffs, asking $570,000 dam- ages, charge a conspiracy among the defendants preventing Mebco's Em- (Continued on paqe 8) By JOHN SHUMAKER Nashville, Oct. 15— The govern- ment threw the weight of a 178-page brief, filed today in the Crescent Amusement Co. anti-trust suit, against the Crescent company itself, as four distributor defendants in the suit also filed suggested findings of fact and conclusions of law in Federal District Court here. Findings were filed by United Ar- tists and Universal Film Exchanges, Inc., as well as by Columbia Pictures Corp. and Universal Pictures Com- pany, Inc., although the latter two dis- tributors were dismissed on motions (Continued on page 8) ttawa Blackout To Affect Theatres )ttawa. Oct. 15. — A considerable p in theatre attendance on Satur- evening. Oct. 26, is expected in trade, as a result of the change in e of the city's second blackout from 30-11 P.M. to 10-10:30 P.M. The ckout will cover an area of 40 .are miles, and be preceded by a minute "alert" at 9 :45 P.M. Musicians Strike on CBS; Expect NBC Walkout Today The American Federation of Musicians yesterday called a strike against all non-sponsored programs on CBS and was poised to call a similar strike against NBC this morning. The_ strike affects all sustaining programs whether originating from remote points or in the studios. The situation arose out of a local controversy between the union and H. J. Brennan, owner of WJAS, CBS affiliate in Pittsburgh, and KQV, NBC-Blue outlet in the same city. The dispute resulted last Thurs- day in the removal of all remote pick- up's of bands in hotels, restaurants and similar places from CBS and NBC-Blue and was followed by fur- ther action yesterday against studio musicians. The exact situation was shrouded (Continued on page 8) Mayor Addresses Ampa Lunch Today The function of the film industry in the national defense effort will be outlined today by Mayor F. H. La- Guardia of New York, in his ca- pacity as Director of the Office of Civilian Defense, in an address before the Ampa at the Hotel Edison. The Mayor will be introduced by Louis (Continued on page 8) Seattle, Oct. 15.— George E. Browne, president of the IATSE, was defeated for re- election as an AFL vice-presi- dent at the Federation's con- vention here today by a vote of 37,944 to 421. All votes for Browne came from IATSE delegates, with one exception. The outside vote was from George W. Brayfield, an IATSE member who is a dele- gate from the Colorado Fed- eration of Labor. The con- vention had previously voted to reduce the number of vice- presidents from 15 to 13 pre- liminary to the Browne ouster. The convention also adopted an anti-racketeering resolu- tion. Norman Thor Nelson, brother of William Bioff's wife, yesterday tes- tified in Federal Court as a Gov- ernment witness in the prosecution on extortion charges of Bioff and George E. Browne. Nelson told how he had accepted commission (Continued on page 7) Press Hudson Plan In Detroit Today Detroit, Oct. 15. — Heads of several local theatre groups will meet here tomorrow to complete arrangements for a statewide campaign to launch Earl Hudson's plan to sell the motion picture institutionally to the public through exhibitor advertising of testi- monials of leading citizens. Hudson, head of United Detroit Theatres, presented his plan at the recent convention here of Michigan Allied. Ray Branch, head of the Al- lied unit, called the meeting for to- morrow to get the plan under way. Meanwhile Hudson has obtained tes- timonials telling of the value of films from leading members of the clergy, school heads, city and state officials, newspaper columnists and radio com- mentators. These testimonials will be displayed in theatre lobbies,_ will be used in screen trailers and in news- papers and trade publications, it is planned. 2 Motion Picture Daily Thursday, October 16. Coast Flashes Personal Mention Hollywood, Oct. 15 MONOGRAM has paid off in full its $110,000 obligation to Pathe Laboratories, W. Ray Johnston, presi- dent, disclosed tonight. Although the due date was in December, the notes were liquidated last week, he said. It was also disclosed the company has signed Tom Keene for a group of four outdoor action pictures for 1941- '42 release. The first will be "Lone Star Law," with Robert Tansey pro- ducing and directing. • Harry Cohn, Columbia president, left by American Airlines tonight for New York home office conferences. He plans to be East about a week. • "Treasure of the Sierra Madre," novel by B. Traven, has been bought by Warners. Spring production is planned for the story, which concerns a search for the lost mines of Mexico. Willkie Elected to Lehman Corp. Board Wendell L. Willkie was elected a member of the board of directors of the Lehman Corp. by the stockholders at a meeting in Wilmington, Del., yes- terday. Among those elected to the board were John Hertz, Paramount director, and Paul M. Mazur, for- merly on the board of RKO, both of whom are partners of the firm of Lehman Brothers. Charlotte Party Nov. 8 Charlotte, N. C, Oct. 15.— The local Variety Club will hold its first annual charity banquet at the Hotel Charlotte on Nov. 8. Scott Lee is general chairman and Philip Longdon vice-chairman. Astor to Handle Two Astor Pictures has taken for dis- tribution two Edward Small produc- tions, "Trans-Atlantic Merry-Go- Round" and "The Melody Lingers On." LEONARD GOLDENSON has left on an extended trip to the South and California. • H. M. Richey will go to Pitts- burgh next week. • Lou Schaefer, Paramount Thea- tre manager, New Haven, has been appointed chairman of the theatre committee for the Community Chest. • Robert J. Libson, manager of the Times Theatre, Cincinnati, and son of Isaac Libson, RKO Midwest gen- eral manager, has been drafted. • W. Stewart McDonald of War- ners is visiting in the Midwest. Comer ford Manager Drive Starting Nov. 1 Wilkes-Barre, Pa., Oct. 15. — Plans for the annual Comerford Theatres managers' drive, starting Nov. 1, will be discussed tomorrow at the Fort Durke Hotel here. Other sectional meetings have been or will be held in Binghamton, N. Y., Scranton, Pa., and Sunbury, Pa., during the week. District Manager John Comerford, Tom Kil- leen and Samuel Friedman will be in charge of the local meeting, while Tom Carey and Tom Walsh head the Binghamton session ; Byron Lynn and Gerard Adams the Scranton talks and Ed Simonis the session at Sunbury. New Haven Warner Club Elects Officers New Haven, Oct. 15. — The local Warner Club has elected C. G. Barrett president for the coming year. Other officers are Russel Clark, vice-president in charge of entertainment ; P. Zim- merman, vice-president in charge of welfare and loans ; Jeanette Shields, vice-president for membership ; Sophie M. Gurian, secretary, and James A. Bracken, treasurer. Angelo Lombardi and Victoria Cusanelli were elected to the board of governors. WILLIAM K. SAXTON, city manager for Loew's in Balti- more, was among the guests presented to the Duke and Duchess of Windsor at the Baltimore Country Club last Monday. Neil Agnew and Sam Dembow left last night by United Airlines for the Coast. • William Morgan, 20th Century- Fox manager in Trinidad, now visit- ing here, plans to leave for his post Oct. 24. Edith Friedman, secretary to Lee Blumberg at Warners, will be mar- ried in December to Maury Heller of Philadelphia. Minneapolis Club Expands Charities Minneapolis, Oct. 15. — The Twin City Variety Club has added the es- tablishment of a blood bank to its philanthropic projects. The blood bank will be started at General Hospital and will be used primarily in the treatment of chil- dren's diseases. The club also spon- sors the Minneapolis Milk Fund, has provided radios for General Hospital wards, and a battery of sun lamps for Lymanhurst Children's Hospital here. Albany, Oct. 15. — The local Variety Club, recently reorganized, will elect permanent officers at a meeting at the Ten Eyck Hotel here on Oct. 27. The new officers will be installed at an inaugural ball for the new tent sometime next month. Republic Closes Deal Cooperative Theatres, Detroit, has closed for Republic's 1941-'42 pro- gram, it was announced yesterday. James R. Grainger, president of Re- public, and Sam Seplowin, Detroit branch manager, worked with C. E. Burmele and other executives of the circuit on the deal, which covers 49 houses. Montana House to Open Great Falls, Mont., Oct. 15. — E. E. Harris will open his new 2,000- seat theatre, the Civic Center, here Saturday. Clarence Golder will be manager. The theatre will also be used as a civic auditorium. Harris owns the Park and Montana in Butte. Launch Fund Drive Hollywood, Oct. 15. — Meetings Nov. 3 at all studios will launch the Community Chest drive here in the film industry, with delegations of stu- dio workers, including stars, scheduled to address various groups on visits to agencies supported by the community fund. Dee Lowrance on WOR Dee Lowrance of NEA was inter- viewed yesterday afternoon by Marian Young on the Martha Deane program on WOR. High Finance Wilkes-Barre, Pa., Oct. I '71 HE recent addition of , ■*■ one-cent Federal tax t some admissions left many o the young patrons of loco houses in a financially em barrassed position, unti friendly theatre doormen cam to the rescue, lending pennie as needed. They are quite cer tain their money is good, al ' though repayment may take! , while. May Settle BritiiJ Manpower Proble London, Oct. 15. — The problen-l the calling for military service technical employes engaged in . production is expected to be settle1 the meeting of the industry-Gov ment manpower committee tomori Following earlier disagreements i protests, it is now expected a c promise report will be submitted the Ministry of Labor represents : and that it will be accepted. It is ' pected to provide for the retentioi directors, producers and camera engaged in documentary and news! production for the Ministry of formation, and will stagger the i, on other technicians. Those unde would be called at once and the o groups generally. W. B. Employes Vt On Own Guild Oct. Warner home office employes | decide the desirability of an ii pendent guild in a vote to be i ducted Oct. 23 by the National Li Relations Board. In the event of proval by a majority, all home o personnel, with the exception of partment heads and the publicity advertising staffs, will become m bers. Thomas Turkington of the acco' j ing department is president of guild, which is known as the Waii Brothers Associated Office Empk of Greater New York. Other offi" are E. G. Arnold, vice-presidi Lawrence Roberts, general secrets i J. H. Newman, treasurer; Flon Richmond, recording secretary, Arthur Allisot, sergeant-at-arms. i MOTION PICTURE DAILY (.Registered U. S. Patent Office) Published daily except Saturday, Sunday holidays by Quigley Publishing Comp | Inc., 1270 Sixth Avenue, Rockefeller Cei New York City. Telephone Circle 7-3 Cable address, "Quigpubco, New York." I tin Quigley, Editor-in-Chief and PublisM Colvin Brown, Vice-President and Gen;. Manager; Watterson R. Rothacker, V President; Sam Shain, Editor; Alfred I Finestone, Managing Editor; James I Cron, Advertising Manager; Chicago Bur : 624 South Michigan Avenue, C. B. O'N 1 Manager; Hollywood Bureau, Postal Ui 1 Life Building, William R. Weaver, Edi I London Bureau, 4 Golden Square, Lon' I Wl, Hope Williams, Manager, cable add' I "Quigpubco, London." All contents ci I righted 1941 by Quigley Publishing C I pany, Inc. Other Quigley publicatic I Motion Picture Herald, Better Theat I International Motion Picture Almanac I Fame. Entered as second class mat I Sept. 23, 1938, at the post office at > York, N. Y., under the act of March I 1879. Subscription rates per year $6 in Americas and $12 foreign. Single copies 1 CORRECTION Notice of 20th CENTURY-FOX TRADE SHOWING lor the benefit of exhibitors generally Monday, Oct. 27 at 2:30 P. M. (instead of date originally announced) HOW GREEN WAS MY VALLEY at 20th Century- Fox Exchange 345 W. 44th St., New York, N. Y. Albany Club Holds Election on Oct. 27 *o,T '4* OF lLLlNOlS • °^«fOTA T.O. O. of MISSISSIPfj THWEST A.T.O. 4? • v TO THE EXHIBITORS OF AMERICA! The Most Important Message Of The Motion Picture Year Will Be Found On Page 19 Of Tomorrow's Motion Picture Herald Don't Miss It! ^' ^ ft* M0> rtOC^ [allied of new jersey LONG ISLAND T.O.A. so /.r.o. 4. o o X % % % \ 9 o o 4 Motion Picture daily Thursday, October 16, 1 41 New Films Are Shooting On the Coast Hollywood, Oct. IS. — Twelve pic- tures were started and 11 finished this week to make the total before the cameras 41. Twenty-eight are being prepared, and 76 are being edited. M-G-M is the busiest studio, with eight in production. The tally by studios : Columbia Finished: "Honolulu Lu," "Bed- time Story." In Work: "Blondie Goes to Col- lege," "The Lady Is Willing." Started: "Cadets on Parade," "West of Tombstone." Goldwyn (RKO) In Work: "Ball of Fire." John Hall Productions Started: nick." "The Captain of Koepe- M-G-M Finished: "H. M. Pulham, Esq.," "Babes on Broadway." In Work: "We Were Dancing," Untitled Dr. Kildare, "The Vanish- ing Virginian," "Steel Cavalry," "Woman of the Year," "Miss Achil- les' Heel" (formerly "Her Honor"). Started: "Mr. and Mrs. North," "I Married An Angel." Monogram Finished: "Bullets and Bullion." In Work: "Double Trouble." Started: "I Killed That Man." Pressburger (U.A.) Finished: "The Shanghai Gesture." Paramount Finished: "Tombstone." In Work: "The Lady Has Plans," "The Fleet's In." Started: "Torpedo Boat." RKO Finished: "Call Out the Marines." In Work: "Valley of the Sun," "Joan of Paris," "Sing Your Worries Away." Republic In Work: "Lady for a Night," "Tuxedo Junction." Started: "Missouri Outlaw." Small (U.A.) In Work: "Twin Beds." Started: "Heliotrope Harry." 20th Century-Fox Finished: "Rise and Shine." In Work: "The Perfect Snob," "Castle in the Desert," "Remember the Day," "Son of Fury." Universal Finished: "Melody Lane." In Work: "North to the Klondike," "Keep 'Em Flying." Started: "Dr. Rx," "Fifty Million Nickels." Warners Finished: "All Through the Night," "Kings Row." In Work: "The Man Who Came to Dinner," "Wild Bill Hickok Rides," "You're in the Army Now," "The Male Animal." Started : "Juke Girl." To Open RKO Exchange Philadelphia, Oct. 15. — The new RKO exchange building opened last month will be officially dedicated on Oct. 20. Ceremonies were held up awaiting full completion of the build- ing. Reviews "Down Mexico Way" (Republic) "TP HIS is an achievement by Republic primarily because the Western *■ is worthy of playing time in theatres outside the Western category. The results should be quite gratifying both to patron and exhibitor. The picture stars Gene Autry, a potent name for many exhibitors, and is enriched with relatively lavish settings and colorful dance and song ensembles with an array of talented performers. The story is modern having to do with swindlers posing as Hollywood producers and attempt- ing to have townspeople invest in their productions. Autry and his friends are first "taken" in Sage City. He, Smiley Burnette and Harold Huber, a former Mexican bandit of the Pancho Villa type, follow the crooks to Mexico, where they finally are exposed and brought to book in a genuinely exciting chase and battle. Interwoven are a number of songs by Autry and other musical sequences, which add to the entertainment. Others in the cast are Fay McKenzie, Sidney Blackmer, Joe Sawyer, Duncan Renaldo and Paul Fix. Photography is very good. Joseph Santley directed. Harry Grey was associate producer. Running time, 78 minutes. "G."* Eugene Arneel 'Flying Cadets" ( U niversal) HP HIS is a neat and trim little drama of the skies with attractive cast *■ names and timeliness that should aid in the selling. The players all are capable in their respective roles and under what appears to be good direc- tion, do much to make the film engaging fare both in its up-in-the-clouds melodrama and basic story content. William Gargan, Edmund Lowe and Frank Albertson are brothers in the film, Lowe as the adventurous World War ace; Gargan, chief mechanic usually on the sidelines, and Albertson, plane designer, all concerned with teaching flying cadets. Peggy Moran, Frankie Thomas, Roy Harris, Charles Williams also are in the cast. Erie C. Kenton directed and Paul Malvern was associate producer. Running time, 60 minutes. "G."* Eugene Arneel "Gunman from Bodie" (Monogram) Hollywood, Oct. 15 DRODUCER Scott Dunlap's second presentation of the Rough Riders — Buck Jones, Tim McCoy and Raymond Hatton — contains a story superior to most of those used for Westerns and winds up, after a slow start, on the plus side of average for its bracket. There's more riding and less shooting in this than in most plains pic- tures, and there's a baby in it for the feminine side of theatre patronage. Some singing is also done, by David O'Brien, in better than average manner. Others in the cast are Robert Frazier, Charles King, Lynton Brent, Max Waxman, Christine Maclntyre, Gene Alsace, John Merton, Frank Larue, Jerry Sheldon and many more. The plot of this number, directed by Spencer Bennett in high key after a dawdling first half, has to do with rustling, water rights, ranch loans, mortgages and some free-handed murdering. Running time, 62 minutes. "G."* Roscoe Williams *"G" denotes general classification. "Stolen Paradise (Monogram) Chicago, Oct. 15 T-l EAVY handed direction by Louis Gasnier, a trite story and bad acting throughout makes this dull and uninteresting screen fare. It formerly was titled "Adolescence." Leon Janney, Eleanor Hunt, Esther Muir and others struggle through the story of an 18-year-old youth raised in a Catholic mission who falls in love with his 28-year-old stepsister, runs away to join the RAF, is wounded and returns to the mission to join the church and leave the outside world behind. George A. Hirliman produced with photography by Jack Greenhalgh and musical score and direction by Nathaniel Shilkret. Running time, 62 minutes. "A."* F. Langdon Morgan *"A" denotes adult classification. Joins Republic Staff Indianapolis, Oct. 15. — Dan Pen- rod has joined the Republic branch here, assigned to northern Indiana sales. With Metro Exchange New Haven, Oct. 15. — Henry Woods is the new M-G-M checking supervisor here, succeeding Frank Mullen, resigned. ' York' Good; L. A. Grosse, Generally Ol Los Angeles, Oct. 15. — "Serg( York" was the best bet here in third week at the Warner Hollyw and Warner Downtown, taking $ 400 at the former and $16,200 atl latter, for a total of $30,600. Ol grosses were off. Estimated receipts for the f ending Oct. 8: "Lady Be Good" (M-G-M) "We Go Fast" (20th-Fox) CHINESE— (2,500) (33c-44c-55c-75c) 7 c .; Gross: $11,400. (Average, $12,000) "Fantasia" (Disney) CARTHAY CIRCLE— (1,518) (55c-$l.( days, 36th week. Gross: $4,600. (Avei i $17 000) "Yank in the R.A.F." (ZOth-Fox) "Niagara Falls" (Roach-U. A.) 4 STAR— (900) (44c-55c) 7 days. "Ya ) 2nd week. Gross: $4,200. (Average, $3 , "Father Takes a Wife" (RKO) "Parachute Battalion" (RKO) HILLSTREET— (2,700) (33c-44c-55c-75 days. Gross: $7,800. (Average, $6,500) "Lady Be Good" (MGM) "We Go Fast" (20th-Fox) LOEWS STATE— (2,700) (33c-44c-55c 7 days. Gross: $14,500. (Average, $14 "Father Takes a Wife" (RKO) "Parachute Battalion" (RKO) PANTAGES— (3,000) (33c-44c-55c-75c days. Gross: $8,500. (Average, $7,000) "Hold Back the Dawn" (Para.) PARAMOUNT— (3,595) (33c-44c-55c-75 days, 2nd week. Stage: Bob Crosby. Gr $16,500. (Average, $18,000) "Sergeant York" (W. B.) WARNER BROS. (HOLLYWO (3,000) (33c-44c-55c-75c) 7 days, 3rd w Gross: $14,400. (Average, $14,000) "Sergeant York" (W. B.) WARNER BROS. (DOWNTOWN (3,400) (33c-44c-55c-75c) 7 days, 3rd w Gross: $16,200. (Average, $12,000) 'Yank' Is Buffalo Smash at $16,0 Buffalo, Oct. 15. — "A Yank in R. A. F." was a hit at the Gi Lakes with $16,000. "Hold Back Dawn," on a double bill at the Bufl Theatre, drew $16,400. Estimated receipts for the i ending Oct. 11. "Hold Back the Dawn" (Para.) "World Premiere" (Para.) BUFFALO— (3,489) (35c-55c) 7 Gross: $16,400. (Average, $12,000) "A Yank in the R.A.F." (ZOth-Fox) "The Smiling Ghost" (W.B.) GREAT LAKES— (3,000) (35c-55c) 7 d Gross: $16,000. (Average, $7,500) "Lady Be Good" (M-G-M) "We Go Fast" (20th- Fox) HIPPODROME— (2,100) (35c-50c) 7 dv 2nd week. Gross: $5,000. (Average, $6,. "The Little Foxes" (RKO) TWENTIETH CENTURY— (3,000) ( 55c) 7 days, 3rd week. Gross: $6 (Average, $7,500) "Unfinished Business" (Univ.) "Moonlight in Hawaii" (Univ.) LAFAYETTE— (3,000) (30c-50c) 7 d 2nd week. Gross: $6,100. (Average, $6, 'Geese' and Heidt Get $15,400, Omal Omaha, Oct. 15. — The stage-scr combination of "Wild Geese Flyit and Horace Heidt pulled $15,400 the Orpheum at higher prices. 1 weather was clear and cool. Estimated receipts for the week ei ing Oct. 7-8: "The Little Foxes" (RKO) BRANDEIS— (1,200) (30c-44c) 7 days, week. Gross: $3,200. (Average, $4,000 "Hold Back the Dawn" (Para.) "Dance Hall" (20th-Fox) OMAHA— (2,000) (30c-44c) 7 days. Gr< $7,100. (Average. $6,000) "Wild Geese Calling" (ZOth-Fox) ORPHEUM— (3,000) (40c-55c) 7 d£ Stage: Horace Heidt. Gross: $15,400. 0 erage, $14,500) THRILLS AHEAD with a BIG PICTURE irsJav, October 16, 1941 Motion Picture Daily Dakota' Show Boston's Lead f^ith $19,000 iJosTON, Oct. 15. — "Badlands of jkota" with a stage show including Andrews Sisters, Joe Venuti and jhestra and Gloria Gilbert led isses with $19,000. rLstimated receipts for the week end- TOct. 8-10: d jids of Dakota" (Univ.) I.EITH BOSTON— (2.697) (33c-44c-55c- 7 days. Vaudeville, including the An- ws Sisters and Joe Venuti and orchestra. ,s>: $19,000. (Average. $8,000) m Valley Serenade" (20th- Fox) le Gay Falcon" (RKO) E1TH MEMORIAL— (2.907) (33c -44c- p 7 days. 3rd week. Gross: $13,400. L-erage. $16,000) >a.ik in the R.A.F." (20th-Fox) narlie Chan in Rio" (20th- Fox) I ETROPOLITA X— (4,367) (50c -40c -45c - 55c) Hays. Gross: $15,500. (Average, $15,500) -lis Woman Is Mine" (Univ.) ree and Easy" (M-G-M) ARAMOUNT— (1,797 (30c -40c -45c -55c) 7 s. Gross: $6,500. (Average. $7,500) his Woman Is Mine" (Univ.) ree and Easy" (M-G-M) "EX WAY— (1,320) (30c-40c-45c-55c) 7 Gross: $3,900. (Average. $4,500) loma of the South Seas" (Para.) ad Men of Missouri" (W. B.) COLLAY— (2,500) (30c -40c -45c -55c) 7 }.s, 3rd run. Gross: $3,200. (Average. HO) onky Tonlt" (M-G-M) armor, of Michigan" (Col.) '(.OEW'S STATE-(3.000) (30c-35c-45c- ) 7 days, 2nd week. Gross: $13,000. verage, $12,000) onky Tonk" (M-G-M) anion of Michigan" (Col.) OEW'S ORPHEUM (2,900) (30c-35c-45c- ) 7 days, 2nd week. Gross: $18,000. verage, $17,500) )awn' in Detroit Gets Big $17,500 Detroit, Oct. 15. — "Hold Back the iwn" and "Henry Aldrich for Pres- •nt" grossed $17,500 at the Michi- 'n. while other theatres reported av- ige business. Estimated receipts for the week end- Oct. 9: ur. Valley Serenade" (20th -Fox) lying Cadets" (Univ.) \DAMS— (1.800) (15c-39c-44c-55c) 7 erenade" 3rd week. Gross: $5,000. .ge, $5,500) he Bride Came C.O.D." (W.B.) •an Hunt" (20th-Fox) "ISHER— (2,700) (15c-39c-44c-55c) 7 oss: $6,500. (Average, $7,000) to- Wife" (Col.) his Woman Is Mine" (Univ.) "OX— (5,000) (20c-44c-55c-65c) oss: $15,000. (Average. $15,000! .old Back the Dawn" (Para.) (enry Aldrich for President" (Para.) .nCHIGAX"-(4.000) (15c-39c-44c-55c-65c) (lays. Gross: $17,500. (Average. $12,000) itizen Kane" (RKO) hey Met in Argentina" (RKO) 'ALMS — (2,000) (25c-39c-44c-55c) 7 davs. oss: $9,400. (Average. $7,000) /hen Ladies Meet" (M-G-M) he Get Away" (M-G-M) 'NITED ARTISTS— (2.800) (20c-39c-44c- |) 7 days. Gross: $11,100. (Average. days (Av days. day; Charter Calif. Company &San Francisco, Oct. 15. — Sunny - i ount Theatres, Inc., has been incor- rated here with a capital stock of ! 0,000 by Jesse Feldman, F. E. Can- n, L. S. Hamm, B. E. Kragen and L. Jacobs. Wins Softball Title Wilkes-Barre, Pa., Oct. 15.— The jmerford All-Stars won the Comer- rd Theatres Softball Trophy by nos- g out the Capitol All-Stars,'2f to 20. Kirby Park. Reviews "Sundown" (U'anger-United Artists) Hollywood, Oct. 15 HPAKEN from Barre Lyndon's Saturday Evening Post serial of some A months ago, "Sundown" comes to the screen as a romantic melo- drama-adventure story laid in Africa. The story is of Axis plans to furnish guns to the natives for an uprising against the British colonial outposts; the time, 1941. A well-peopled cast, impressive scenery and effects, and production sheen of high calibre feature the Walter Wanger production, produced and directed by Henry Hathaway. Gene Tierney as the supposed half-breed trader ; Bruce Cabot, George Sanders and Reginald Gardiner as the British colony administrators, Joseph Calleia as the Italian prisoner of war, Sir Cedric Harwicke and Harry Carey head the cast of the picture. The Lyndon story is changed somewhat in the film version of the piece ; it suffers by not being played as straight melodramatic adventure stuff as originally written. It winds up with one of the characters expressing confidence of a complete British victory in the current war. Action ranges from murder, arms smuggling and hand-to-hand fighting to machine gun and tear gas conflict. Technically, the picture is most impressive, its photography of the highest order, its background pains- takingly done. Running time, 90 minutes. "G."* Vance King "Death at a Broadcast" (Film Alliance — Astar) HANDICAPPED by faulty sound and photography, this has little to recommend it. It was' made in England by Hugh Perceval, acquired by Film Alliance, and under a recent distribution arrangement will be released by Astor Pictures. The picture, when originally released in England as "Death at Broad- casting House," apparently had entertainment value, for it has a cleverly developed mystery plot for films of its type. In its present worn condi- tion, though,' as seen at a showing at the New York Theatre on Broad- way, it appeared to stimulate very little interest. Ian Hunter and a number of unknown British players are in the cast. Reginald Denham directed. Running time, 75 minutes. "G."* Eugene Arneel *"G" denotes general classification. 'York' New Haven Winner at $10,200 New Haven, Oct. 15.— "Sergeant York" drew §10,200 at the Roger Sherman at higher prices. "Honky Toiik," dualled at the Loew-Poli with "Harmon of Michigan," grossed a good §12,000. Estimated receipts for the week ending Oct. 9 : "Lady Be Good" (M-G-M) "Dressed to Kill" (20th-Fox) COLLEGE— (1,499) (39c-50c) 7 days, 2nd week. Gross: $2,400. (Average, $2,700) "Honky Tonk" (M-G M) LOEW-POLI— (3.040) (39c-50c) 7 days. Gross: $12,000. (Average, $8,000) "New York Town" (Para.) "San Antcnio Rose" (Univ.) PARAMOUNT— (2,348) (39c-50c) 7 days. Gross: $4,000. (Average, $4,500) "Sergeant York" (W. B.) ROGER SHERMAN— (2,200) (44c-55c) 7 days. Gross: $10,200. (Average, $5,000) Branch Personnel Is Shifted in Seattle Seattle, Oct. 15. — A number of changes in personnel of Seattle film exchanges were announced this week, among them the following: Morton Endert has resigned as ad salesman for Warners, to work at the Todd Shipyards. Margaret Baum, sec- retary to Neal Walton of Columbia, has resigned and will be succeeded by Genevieve Daly. Rex Rathbun, ship- per at M-G-M, has resigned to work for Boeing Aircraft, and is being suc- ceeded by William Voss. Muriel Keil has been added to the billing depart- ment staff at Paramount. 'Honky Tonk' Takes $14,000, Providence Providence, Oct. 15. — "Honky- Tonk" and "Niagara Falls" in a sec- ond week at Loew's State took $14,- 000. Excellent weather over the week- end sent large crowds to the beaches, hurting business. Estimated receipts for the week ending Oct. 8-9: "My Life With Caroline" (RKO) "The Gay Falcon" (RKO) RKO-ALBEE— (2,239) (28c-39c-50c) 7 days. Gross: $7,000. (Average, $6,000) "Honky-Tonk" (M-G-M) "Niagara Falls" (U. A.) LOEW'S STATE— (3,232) (28c-39c-50c) 7 days, 2nd week. Gross: $14,000. (Average, $11,000) "Belle Starr" (20th-Fox) "The Bride Wore Crutches" (20th-Fox) MAJESTIC— (2,250) (28c-39c-50c) 7 days. Gross: $7,800. (Average, $7,000) "Hold Back the Dawn" (Para.) "Hurricane Smith" (Rep.) STRAND— (2,200) (28c-39c-50c) 7 days, 2nd week. Gross: $5,800. (Average, $6,000) "I'd Sell My Life" (Merrick- Anderson) METROPOLITAN — (3,045) (30c-39c-55c) 3 days. Stage show with the Three Stooges; Beatrice Kay; Sam Donahue and orchestra; the Three Heat Waves; Virginia Austin. Gross: $7,300. (Average, $5,000) "They Meet Again" (RKO) "Gangs of Sonora" (Rep.) FAY'S — (1,800) (15c-25c-35c) Gross: $2,100. (Average, $2,800) "Navy Blues" (W. B.) "Bad Men of Missouri" (W. B.) CARLTON— (1,526) (28c-39c-50c) 2nd week. Gross: $3,000. (Average "Dance Hall" (20th-Fox) (3 days) "Kisses for Bieakfast" (W. B.) (3 days) "Sun Valley Serenade" (Zttth-Fox) (4 days) "Repent at Leisure" (RKO) (4 days) EMPIRE — (1,200) (20c-28c) 2nd run. Gross: $1,500. (Average, $1,700) 7 days. days, $3,500) IMAGINE this dramatic SITUATION — a bewitching BLONDE beauty shipwrecked UPON a primitive TROPICAL isle — WITH two men... BOTH torn with LONGING for HER love! Then IMAGINE these .FAVORITE stars as the SHIPWRECKED three - HANDSOME RAY MIDDLETON, GLAMOROUS GLORIA DICKSON, and fascinating OTTO KRUGER. No wonder that "MERCY ISLAND," the FORTHCOMING REPUBLIC picture WHICH brings you THIS thrilling story WITH these three TOP-RANKING stars, is ALREADY being hailed as ONE of the outstanding FILM dramas OF the year! FOR it is a STORY that LITERALLY TEEMS with ACTION; and ITS romantic CONFLICT is one OF the most EXCITING ever TO be recorded UPON film! So WATCH for "MERCY ISLAND!" Its COMING to your local theatre SOON. ... Its A REPUBLIC PICTURE MOTION PICTURE DAILY'S BOOKING CHART MISC. Jungle Man 126 (PRC) Buster Crabbe (1941-42) Hard Guy 205 (PRC) Jack LaRue (1941-42) Billy the Kid Wanted 257 (PRC) Buster Crabbe (1940-41) Mr. Celebrity 114 (PRC) Joseph Seary (1941-42) Lone Rider Fights Back 168 (PRC) George Houston (1941-42) Miracle Kid 213 (PRC) Vicki Lester (1941-42) Swamp Woman 201 (PRC) Ami Corio (1941-42) WARNERS Nine Lives Are Not Enough (D) 104 (1941-42) Sergeant York (D) 101 Gary Cooper (1941-42) Law of the Tropics (D) 105 C. Bennett (1941-42) International Squadron (D) 106 Ronald Reagan (1941-42) The Maltese Falcon (D) 107 H. Bogart Mary Astor (1941-42) One Foot in Heaven (D) 108 Fredric March Martha Scott (1941-42) UNIVERSAL Sing Another Chorus (M) Kid from Kansas (D) A Girl Must Live (D) (All 1941-42) It Started With Eve (M) Deanna Durbin (1941-42) Mob Town (D) Dead End Kids Tough Guys (1941-42) Never Give a Sucker An Even Break (C) W. C. Fields (1941-42) Burma Convoy (D) South of Tahiti (D) (1941-42) Flying Cadets (D) William Gargan Edmund Lowe (1941-42) Appointment for Love (D) Charles Boyer M. Sullavan (1941-42) Swing It Soldier (C) Ken Murray F. Lang ford (1941-42) Paris Calling (D) Scott-Bergner (1941-42) Moonlight in Hawaii (C) 1941-42 Quiet Wedding (C) (1941-42) Keep 'Em Flying (C) Abboit-Costcllo Martha Raye (1941-42) Don't Get Personal (C) Hugh Herbert (1941-42) < International Lady (D) George Brent Ilona Massey (1941-42) Lydia (D) Merle Oberon Alan Marshal (1941-42) New Wine (M) Ilona Massey Alan Curtis (1941-42) Niagara Falls (C) (Streamliner) Tom Brown (1941-42) Sundown (D) All American Co-Ed (C) (Streamliner) Corsican Brothers (D) Miss Polly (C) (Streamliner) (1941-42) Twin Beds (C) Fiesta (M) (Streamliner) (1941-42) 20TH-FOX i We Go Fast (D) 208 Lynn Bari (1941-42) Last of the Duanes (O) 209 Man at Large (D) 210 (1941-42) A Yank in the R.A.F. (D) 211 Power-Grable (1941-42) Great Guns (C) 212 Riders of the Purple Sage (1941-42) Weekend in Havana (M) 214 Faye-Miranda (1941-42) Moon Over Her Shoulder (C) 215 Lynn Bari Hot Spot (D) 216 Grablc-Landis Vic Mature (1941-42) Small Town Deb (C) 217 Jane Withers Jane Darzvell (1941-42) Swamp Water (D) 218 Huston-Brennan Dana Andrews (1941-42) RKO RADIO Lady Scarface (D) 203 Judith Anderson (1941-42) Father Takes a Wife (C) 204 Menjou-Swanson (1941-42) Bandit Trail (O) 281 Tim Holt (1941-42) All That Money Can Buy (D) 205 Arnold-Huston (1941-42) Gay Falcon (D) George Sanders 206 (1941-42) Dumbo (Disney Feature) 293 (1941-42) Unexpected Uncle (C) Chas. Coburn Anne Shirley (1941-42) Suspicion (D) 208 Cary Grant Joan Fontaine (1941-42) Look Who's Laughing (C) Edgar Bergen McGee & Molly (1941-42) Mexican Spitfire's Baby (C) Errol-V eles (1941-42) REPUBLIC | The Apache Kid (O) 171 Don Barry (1941-42) Death Valley Outlaws (O) 172 Don Barry (1941-42) Sailors on Leave (C) 109 Wm. Lundigan Shirley Ross (1941-42) Mercy Island (D) 110 Ray Middleton Gloria Dixon (1941-42) Down Mexico Way (O) 042 Jesse James at Bay (O) (1941-42) Gauchos of Eldorado (O) 162 3 Mesquiteers (1941-42) Public Enemies (D) Philip Terry Wendy Barrie (1941-42) The Devil Pays Off (D) /. E. Bromberg (1941-42) Sierra Sue (O) 143 Gene Autry Smiley Burnette (1941-42) Missouri Outlaw (O) 173 Don Barry (1941-42) Tuxedo Junction (C) The Weavers (1941-42) PARA. Hold Back the Dawn (D) 4103 Charles Boyer (1941-42) Buy Me That Town (D) 4102 Lloyd Nolan (1941-42) Nothing But the Truth (C) 4101 Bob Hope (1941-42) Henry Aldrich for President (C) 4104 .Jimmy Lydon (1941-42) New York Town (D) 4105 F. MacMurray Mary Martin (1941-42) Skylark (C) C. Colbert Ray Milland (1941-42) MONO. The Driftin' Kid (O) Tom Keene (1940-41) Gunman From Bodie (O) Buck Jones (1941-42) Stolen Paradise (D) Tonto Basin Outlaws (O) (1941-42) Top Sergeant Mulligan (D) Nat Pendleton (1941-42) Spooks Run Wild (D) Bela Lugosi (1941-42) Riding the Sunset Trail (O) Tom Keene (1940-41) Zis Boom Bah (C) Grace Hayes (1941-42) I Killed That Man (D) Ricardo Cortes (1941-42) Double Trouble (C) Harry Langdon (1941-42) M-G-M (1941-42 Releases) Lady Be Good (M) 202 Ann Sothern Robert Young Dr. Jekyll and Mr. Hyde (D) 201 Lana Turner Down in San Diego (D) 203 B. Granville Honky Tonk (D) 204 Clark Gable Lana Turner Married R a r* ri ^1 fir (C) 205 Robert Young Ruth Hussey Smilin' Through (M) 206 /. MacDonald Gene Raymond Feminine Touch (C) 207 R. Russell Don Ameche COLUMBIA | Prairie Stranger (O) 2005 (1940-41) Ladies in Retirement (D) (1941-42) You'll Never Get Rich (M) Fred Astaire (1940-411 Two Latins from Manhattan (M) Jinx Falkenberg (1941-42) Texas (O) Wm. Holden Claire Trevor (1941-42) Blonde from Singapore (D) Roaring Frontiers (O) (1941-42) 3 Girls About Town (C) Joan Blondell Birmie Barnes (1941-42) You Belong to Me (C) B. Stanwyck Henry Fonda (1941-42) The Stork Pays Off (C) M. Rosenbloom Rochelle Hudson (1941-42) Secrets of the Lone Wolf (D) Warren William (1941-42) The Men in Her Life (D) Loretta Young Conrad Veidt (1941-42) Go West Young Lady (C) P. Singleton (1941-42) Sing for Your Supper (C) /. Falkenburg Buddy Rogers (1941-42) Sept. 19 Sept. 26 o " tl o O o * o O * z * W IT) Q .ursJay. October 16. 1941 Motion Picture Daily srowne Out as ice-President f Federation (Continued from page 1) Lments from Smith & Aller. Du- int representatives on the Coast, jl turned over to Bioft" the en- b c than is condi- ted by the decree terms. Loew's will not sell in Minne- )ta. it was learned officially ?sterdav, while the decree is in Tect. aramount's procedure has not been irely clarified. One of the ques- ts which must be answered is iher the intent of the move is to .Lr the way for selling only to its (.Continued on page 6) rosses on BVav Have Bright Week -UMness at Broadway first runs 1 up well this week in the w ake of very healthy Columbus Day holi- ! weekend. Most of the attractions e holdovers, and two pictures are (tinuing, "A Yank in the R. A. F.," •ch starts a fourth week today at Roxy, and "Honky Tonk." which .an a third week yesterday at the joitol. 'n its third week, "A Yank in the A. F.," with a stage show featur- the Nicholas Brothers, continued with an estimated gross of S52.000. (Continued on page 7) FP Canadian Gives Wage Increases Ranging Up to 10% Toronto, Oct. 16. — Increases in wages up to a maximum of 10 per cent went into effect this week for all theatre and home office employes of Famous Players Canadian Corp., across the Dominion, to meet the higher cost of living. The increase amounts to 10 per cent for all employes earning up to $25 per week, with progressive smaller percentages of increase in the higher salaried brackets. Managers of theatres only are ex- empted from the wage increase order, because they are able to participate in the distribution of business quota bonuses, based on the annual compar- ative receipts showing of each theatre. Ex-Gov. Brucker Arbiter in Detroit Wilber M. Brucker, former Gover- nor of Michigan, has been designated arbitrator for the specific run com- plaint filed at the Detroit arbitration hoard against the five consenting com- panies by Irving A. Moss, owner of the Park-side Theatre, Detroit. The complaint names the Co-Opera- tive Theatres of Michigan and the Paramount - owned United Detroit Theatres as interested parties. A hear- ing date has not been set. Special interest attaches to the case due to the fact that it was among the first specific run complaints to be filed after Sept. 1, when the provisions of the (Continued on page 7) No Foundation toll A Bid Report : Bernhard Joseph Bernhard, president and general manager of War- ner Bros. Circuit Manage- ment Corp., when asked yes- terday regarding reports that linked him with the presidency of United Art- ists, stated that they were "without foundation." "At first," he said, "these rumors were amusing but now they have become an- noying. They are, of course, without foundation." Michel Tells Biof f Jury of $90,000 Fund \Y. C. Michel, executive vice-presi- dent of 20th Century-Fox, yesterday told Federal Court Judge John C. Knox and a jury in the trial of George E. Browne and William Bioff, that Sidney R. Kent, 20th-Fox president, called him on either April 23 or 25, 1936, the period of the basic pact con- ferences, and told him of the necessity of raising $90,000 in cash. The trial yesterday was recessed to Monday. The trial was interrupted during the afternoon to permit Dr. Harry Gold, heart specialist to testify that it would be impossible for Kent to testify either (Continued on page 6) \B. Release Dates Set on New Films ■radwell L. Sears, general sales jnager of Warners, has announced ;?ase dates on several new pictures, ley Died With Their Boots On" J^et for release Nov. 27 ; "The Man io Came to Dinner," Dec. 25 ; ,ing's Row," Jan. 1, 1942; "Captains the Clouds," Feb. 12, and "The de Animal," Feb. 22. }ther new films on which release es have not yet been set include : ridges Built at Night," "All rough the Night," "Wild Bill ckock Rides," "Remember Tomor- v" and "You're in the Army Now." Technician Report Blow to English Production Plans London, Oct. 16.— The production plans of British and American pro- ducers here are seen as suffering a severe blow in the final recommenda- tion of the joint industry-Government committee on technical manpower. The report, which will go to the Ministry of Labor, approved the im- mediate call for military service of younger men and the subsequent call- ing of older men within the military age range, with the exception of 450 key technicians whose call has been indefinitely deferred. It is hoped to train women to re- place men in the meantime. The re- port pays lip-service to the need for continuity of production in British (Continued on page 7) Theatre Ads Not Cut In Newsdealer Strike No curtailment of theatre advertis- ing in the eight New York newspapers at odds with the newsdealers is planned, it was learned yesterday. Some circuit advertising heads ex- pressed the opinion that despite the newsdealers' boycott or strike the circulation of the dailies had not fallen off to an extent that would warrant such action. Late yesterday the State Mediation Board reported that peace negotiations are under way and it was hopeful of an early settlement. Meanwhile, pub- lishers are making the papers avail- able through crews of newsboys. Film Probe Hit As Censorship By LaGuardia Praises Film Defense Aid In Ampa Address By SHERWIN A. KANE Attacking the motives and method of procedure which brought about the Senate subcommittee's investigation of alleged motion pic- ture propaganda, Mayor F. H. La Guardia yesterday congratulated the industry "for standing up toe to toe and fighting" those responsible for the "investigation." Speaking at the Ampa lunch- eon meeting at the Hotel Edi- son yesterday, Mayor LaGuardia indicated that he saw in the subcommittee's procedure an a- tempt to regulate the screen by extra-legal procedure. "If facts depicted on the screen," he said, "are to be subjected to censor- ship through intimidation, then the public might as well know it. All the liberty that is granted to the press should and must be granted to the (Continued on page 6) 9,200 Block Deals For Metro: Rodgers Loew's has closed approximately 5,700 deals with independent exhibitors for its first block of new season's product and 3,500 deals for the second block, William F. Rodgers, vice-presi- dent and general sales manager, re- ported yesterday. Rodgers cited the figures as illustra- tive of the smoothness with which sell- ing under the decree system is pro- gressing insofar as his company is concerned. "Never in the history of the com- pany have we sold so rapidly," (Continued on page 6) William Fox to Be Sentenced Today Philadelphia, Oct. 16. — William Fox, bankrupt former film executive, will be sentenced tomorrow morning by Judge Guy K. Bard in U. S. Dis- trict Court here on his plea of guilty of conspiracy to obstruct justice and defraud the United States. He was the Government's star witness in its two unsuccessful trials of Circuit Judge J. Warren Davis on similar charges. 2 Motion Picture Daily Friday, October 17, 19< Personal Mention BARNEY BALABAN left for the Coast last night. • Mr. and Mrs. Harry Cohn arrived from the Coast yesterday on the Amer- ican Airlines' Mercury. • Milton Schwarzwald, producer, arrived yesterday from the Coast by plane. • Oliver Unger is on a trip through New York State. • John Grierson, film commissioner of Canada, is in town. Late News Flashes from the Coast Cinema Lodge Holds Ball Tomorrow Night The second annual banquet and ball of the Cinema Lodge, B'nai B'rith, will be held tomorrow night at the Hotel Astor. Several hundred per- sons, including members and guests, are expected, according to officials. The entertainment committee headed by Bob Weitman has lined up a pro- gram which is expected to include Dinah Shore, Larry Adler, Eddy Duchin, Xavier Cugat and his show, Lina Romay and Phil Spitalny and his choir, among others. Vincent Lopez and Ralph Rotgers and their bands will play for dancing. Pep Club Dance Tonight The Paramount Pep Club will hold its annual dance this evening in the Belvedere Room of the Hotel Astor NEW YORK THEATRES Hollywood, Oct. 16 THE staff of Walter Wanger Productions, Inc., is to be reduced, effective Nov. 15, following the deal closed yesterday in New York whereby United Artists acquired Wanger's share of the company. Eleven persons are affected, including John LeRoy Johnston, publicity and advertising director ; Percy R. Guth, comptroller ; Walter Reynolds, cutter, and secretaries, clerks and auditors. • • Lester Ziffren, for the last three years a writer at 20th Century-Fox, today was appointed assistant to Sol M. Wurtzel, executive producer. • • Twentieth Century-Fox will seek permission from Washington, it was announced, to send a camera crew to Iceland for background shots for use in the picture "Iceland," which will star Sonja Henie. The story as now developed has a locale of contemporary Iceland with United States and British soldiers present. Republic today "borrowed" Marjorie Weaver from 20th Century-Fox and signed James Ellison to play the leads in "Mr. District Attorney" and "The Carter Case," an announcement stated. • • The Hollywood industry will give a luncheon Oct. 22 for the National Asso- ciation of Commercial Organizations Secretaries at its 27th annual convention in Los Angeles. The event will be held at the M-G-M studio with Louis B. Mayer and Y. Frank Freeman, Producers' Association president, as hosts. RADIO CITY MUSIC HALL Rockefeller Center "ALL THAT MONEY CAN BUY" EDWARD ARNOLD . WALTER HUSTON Produced bv WILLIAM DIETERLE An RKO-Kadio Picture ON THE GREAT STAGE: "Silk-Satin-Calrco- Rags" — Russell Markert's gay colorful revue. Symphony Orchestra, direction of Erno Rapee. 1st Mezzanine Seats Reserved Circle 6-4600 CHARLES BOYER Olivia Paulette DeH AVI LLAN D GODDARD "HOLD BACK THE DAWN" A Paramount Picture PARAMOUNT IN PERSON XAVIER CUGAT AND BAND JAY & LOU S E I L E R TIMES SQUARE TYRONE POWER "A YANK in the R.A.F." with BETTY CRABLE A 20tk Century-Fox Picture PLUS A BIG PAVV 7th AVENUE 3H0W ItUA I STAGE Sr 50th STREET B'WAY & 47th St. PALACE BETTE DAVIS "The LITTLE FOXES" "MOONLIGHT IN HAWAII" with LEON ERROL Theatre Heads Meet On Hudson Campaign Detroit, Oct. 16. — Arrangements for a statewide campaign launching the plan of Earl Hudson, president of United Detroit Theatres, to "sell" the inlustry to the public were made here today at a meeting of heads of various theatre groups in this area. The campaign will be instituted shortly in Michigan theatres, it is planned. Ray Branch, head of Michi- gan Allied, who called the meeting, is expected to reveal details of the per- fected plan tomorrow, after he has contacted members of the organiza- tion's board. To Honor I A Head, Fire Chief in Phila. Philadelphia, Oct. 16. — The local industry will sponsor a testimonial dinner in honor of Lou Krouse, in- ternational secretary and local head of the IATSE, and Fire Marshal Ja- cob Clinton, in recognition of the many things he has done to reduce fire hazards in the industry. The af- fair, sponsored by the local film ex- changes, is set for next Thursday at the Ritz-Carlton Hotel. Baltimore Club New Quarters Opened Baltimore, Oct. 16.— Over 100 guests attended the twice-postponed opening of the Variety Club's new headquarters here tonight atop the Stanley Theatre Building. Entertainment was provided from the Hippodrome Theatre as part of a special opening night program. C. William Hicks is Chief Barker of the tent and the list of officers and board of governors includes : O. D. Weems Edward Perotka, Barry Goldman, Jo- seph Grant, Bernard Seaman, Edwin A. Sherwood, Lauritz Garman, El mer Nolte, Jr., J. Louis Rome, Frank Durkee and Rodney Collier. Mass for M.A. Shea To Be Held Tuesday Employes of the New York office of Shea Chain, Inc., have arranged to hold a memorial mass next Tuesday at the R. C. Holy Cross Church on West 42nd Street, for the late Maurice A. Shea, circuit head, who died Oct. 19, 1940. The memorial mass will be held at 9:30 A.M. Newsreel Parade Camnbell Dixon Is Here from London Campbell Dixon, film editor of the London Daily Telegraph and chairman of the Film Section of the Critics' Circle, has arrived by clipper from London. He expects to be in this country several months, investigating war pro- duction. He also plans on visiting the Hollywood studios. Appoint Archibald To Midlands Post London, Oct. 16. — George Archi- bald, former joint managing director with Edward T. Carr of United Art- ists in England, has been apoointed Civil Commissioner for the Midlands region. It was at first supposed that he would take a post with the RAF. Mayer, Strickling, Korda Fly to Coast Louis B. Mayer, M-G-M produc- tion chief ; Howard Strickling, pub- licity director at the M-G-M studios, and Alexander Korda, United Artists producer, left for the Coast last night on the American Airlines' Mercury. Exhibitor Is Rescued Columbus, O., Oct. 16. — Fred W. Rowlands, owner of the Parsons The- atre, and co-owner of the Columbia, Main and Hollywood, was rescued with three other men when a speed- boat overturned during a Lion's Club outing on Buckeye Lake yesterday. Two other men were drowned. M. P. Associates Meet Motion Picture Associates at a luncheon-meeting yesterday at the Hotel Lincoln made plans for their annual dinner and dance Nov. 19 at the Hotel Astor. Jack Ellis is han- dling the affair. rHE weekend reels have an inte e sting and significant subject the captured Nazi spy ship escort into Boston harbor. War piclur from Africa also arc shown. J contents: MOVIETONE NEWS, No. 12-Spy|CJ in Boston. Stunt air crash in Califca Baby rhinoceros in Chicago zoo. Ro chorus girls at Randall's Island. A phibian tanks in Florida. Armored tr; in Russia. British airmen over Noi Africa. Fashions. Army vs. V. M. I. f» j ball. Soccer in England. Yachting North Carolina. NEWS OF THE DAY, No. Z10-Marii| test sea tanks in Florida. Spy ship Boston. "Good-will" ceremony at Gua< lupe Shrine. Rhinoceros born at Chic; zoo. British planes over Middle Ee Churchill at soccer match in England. Louis passes Army medical test in Chica Army-V. M. I., Texas Aggies-N. Y. football. PARAMOUNT NEWS, No. 15— Air r drill in New York. President of Portu inspects Azores, returns to Lisbon. N; guards Nazi ship in Boston. Amerii military mission in Rio de Janeiro. J rines test amphibian tanks in Florida. ! Louis takes Army medical examination Chicago. General Weygand, Sultan f i Mohammed and the French Fleet in Afri RKO PATHE NEWS, No. 15— Nazi j] ship in Boston. Portugal's president Azores. Pan-American mass at Guadal Shrine. New magnesium plant in Calil nia. Chorus girls at Randall's Island, NJ Rail guards on Wisconsin roads. Soldi are guests of Gene Raymond in Los J! geles. Joe Louis and Army doctor in Ct cago. South Africa forces prepare for v ; UNIVERSAL NEWSREEL, No. 24— M ship in Boston. New shell plant in f bama. Amphibian tanks tested in Flor Guadalupe Shrine, holds Pan-Ameri mass. Chorus girls at Randall's Isle Men's beauty shop in New York. Noi western -Wisconsin football. Chimp wn ler in Buffalo zoo. Disney Due Mondai From South Ameri Walt Disney will arrive here on Santa Clara on Monday from a ti month stay in South America. Ij expected that he will remain over New York to attend the opening his new RKO film, "Dumbo," at Broadway Theatre Thursday even In Disney's party are : Mrs. Dist John Rose, Mr. and Mrs. Will. Cottrell, Norman Ferguson, Sears, Webb Smith, Joseph Bodn Janet Martin and Franklin Thomas. MOTION PICTURE DAILY (.Registered U. S. Patent Office) Published daily except Saturday, Sunday holidays by Quigley Publishing Come Inc., 1270 Sixth Avenue, Rockefeller Ce: New York City. Telephone Circle 7-3 Cable address, "Quigpubco, New York." ] tin Quigley, Editor-in-Chief and Publis Colvin Brown, Vice-President and Get Manager; Watterson R. Rothacker, President; Sam Shain, Editor; Alfred Finestone, Managing Editor; James Cron. Advertising Manager; Chicago Bui 624 South Michigan Avenue, C. B. CO Manager; Hollvwood Bureau, Postal U Life Building. William R. Weaver, Ed London Bureau, 4 Golden Square. Lo- Wl. Hope Williams, Manager, cable ad; ''Quigpubco, London." All contents c righted 1941 by Quigley Publishing < pany, Inc. Other Quigley publicati Motion Picture Herald, Better Thea International Motion Picture Almanac Fame. Entered as second class mi Sept. 23, 1938, at the post office at York, N. Y.. under the act of Marc 1879. Subscription rates per year $6 ir Americas and $12 foreign. Single copies # FOR f THE FIRST * nr. nnni » n jj, TIME IN | " "WTli^ fl PICTURE fej GOES FOR A THIRD «EK IN HARTFORD' »•«•*. ~«,,.™IVN.,„«, J Until now! THE PICTURE- OF COURSE- IS Tl GREATEST MONEYMAKER IN HISTORY Original Screen Play by Abem Finkel I Harry Oandlee and Howard Koch 1 John Hulton Bated Upon the Diary of Sergeant York Produced by JESSE L. LASKY and HAL B WALtIS Music by Mai Steiner A Warner Broi.-Fim National Picture Motion Picture Daily Friday, October 17, 194 'Yank' Draws Good $21,000 Philadelphia Philadelphia, Oct. 16. — Unseas- onal heat and competition from ball- room openings where large name bands were featured, held down pic- ture grosses to low levels. However, big business was registered by "A Yank in the R. A. F." at the Fox, drawing $21,000. Estimated receipts for the week ending Oct. 7-10 : "Lydia" (U. A.) ALDINE— (1,400) (3Sc-41c-46c-57c-68c) 7 days. Gross: $10,000. (Average, $9,000) "The Stars Look Down" (M-G-M) ARCADIA— (600) (35c-46c-57c) 7 days, 2nd run. Gross: $3,000. (Average, $2,600) "When Ladies Meet" (M-G-M) BOYD— (2,400) (35c-41c-46c-57c-68c) 7 days, 2nd week. Gross: $9,000. (Average, $13,000) "Married Bachelor" (M-G-M) EARLE — (4,000) (35c-41c-46c-57c-68c) 7 days. Vaudeville including Larry Clinton's orchestra, Peggy Mann, Butch Stone, Sun- ny Rice, Ray & Trent and Wally Brown & Annette Ames. Gross: $18,000. (Aver- age, $14,000) "Private Nurse" (2<)th-Fox) FAY'S— (2,190) (15c-29c-35c-46c-S7c) 7 days. Vaudeville including Charmaine, Ginger Manners, Bob Easton & Ondee Odette, Emmett Oldfield & Eddie Ware, Allen & Kent, Gae Foster girls and Billy Klaiss' orchestra. Gross: $6,200. (Average, $6,900) "A Yank in the R.A.F." (ZOth-Fox) FOX— (3,000) (35c-41c-46c-57c-68c) 7 days. Gross: $21,000. (Average, $13,000) "Here Comes Mr. Jordan" (Col.) KARLTON — (1,000) (35c-41c-46c-57c-68c) 7 days, 2nd run, 2nd week. Gross: $4,000. (Average, $3,000) "Navy Blues" (W. B.) KEITH'S — (2,200) (35c-41c-46c-57c-68c) 8 days, 2nd run. Gross: $3,500. (Average, $4,500) "You'll Never Get Rich" (Col.) STANLEY— (2,700) (35c-41c-46c-57c-68c) 7 days. Gross: $13,000. (Average, $14,000) "Nothing But the Truth" (Para.) STANTON— (1,700) (35c-46c-57c) 7 days, 2nd run. Gross: $5,500. (Average, $4,500) 'Heaven' Grosses $21,200 in Capital Washington, Oct. 16. — In its world premiere week at Warner's Earle, "One Foot in Heaven" took a strong $21,200. "The Little Foxes" drew $11,000 in the second week at the RKO Keith's. Estimated receipts for the week ended Oct. 8-9 : "Sun Valley Serenade" (ZOth-Fox) LOEWS PALACE— (2,300) (39c-55c) 7 days. Gross: $13,000. (Average, $15,000) "The Little Foxes" (RKO) RKO KEITH'S— (1,843) (39c-55c) 7 days. 2nd week. Gross: $11,000. (Average. $10,000) "One Foot in Heaven" (W. B.) WARNER'S EARLE — (2,200) (28c-39c- 44c-55c-66c) 7 days. Vaudeville. Gross: $21,200. (Average, $15,000) "Navy Blues" (W. B.) WARNER'S METROPOLITAN— (1. 600) (28c-44c) 7 days, return engagement. Gross: $5,200. (Average, $3,500) "SmihV Through" (M-G-M) LOEWS CAPITOL— (3,434) (28c-39c-55c- 66c-77c) 7 days. On stage: Condos Bros., Jackie Heller, Paul Winchell, Rhythm Rockets. Gross: $19,000. (Average, $15,500) "Lady Be Good" (M-G-M) LOEWS COLUMBIA— (1,250) (28c-44c) 7 days, return engagement. Gross: $4,500. (Average, $3,500) Reviews "Hot Spot" (20th Century -Fox) j-IOT SPOT" hits the spot. Milton Sperling has scored a bullseye x 1 with his production of this mystery yarn, based on the novel, "I Wake Up Screaming," by Steve Fisher. Every foot of film is packed with interest, each scene presents new angles and the solution is built solidly on the clues provided. Clever camera work and a splendid performance by Laird Cregar, as a police inspector, lend this mystery story a psychological flavor. Cre- ger's role is sinister and creepy until a single shot at the end reveals his desperate love for the murdered girl. The picture starts with Victor Mature, promoter of fights, plays and girls, being examined by the police who are investigating the murder of Carole Landis. Flashbacks show how Mature picks up Miss Landis, then a waitress, and promotes her to a nationally known glamor girl. Aided by Alan Mowbray, as an actor, and Allyn Joslyn, as a column- ist, he introduces Miss Landis in the correct circles. About midway in the picture, the flashbacks cease and Mature sets out after the murderer in an effort to clear himself. In this pursuit he is aided by Betty Grable, the murdered girl's sister. Almost everybody in the cast falls under suspicion from time to time, but the denouement is entirely satisfactory. William Gargan and Elisha Cook, Jr., are excellent in supporting roles. H. Bruce Humberstone deserves credit for the fine direction. It is the kind of a picture which should receive considerable word-of-mouth pub- licity. An audience of trade press reviewers who watched the film in the projection room prior to the trade showing appeared considerably im- pressed. Running time, 82 minutes. "A."* Edward Greif Bad Weather Hits Chicago Film Grosse Form Theatre Firm Sacramento, Oct. 16. — Irving S. Baltimore, George Baltimore and Leila J. Argue, all of Los Angeles, have incorporated Beverly Amuse-- ment Corp. to engage in the operation of theatres in California. Principal of- fices will be in Los Angeles. "Moon Over Her Shoulder" (20th Century-Fox) A PLEASANT domestic comedy, this should appeal to the ladies. The plot poses the problem of whether or not a marriage can be too perfect, and whether a wife really loves a husband who always does the right thing. Certain exploitable possibilities present themselves from these situations. The action suffers from too much dialogue and there are many slow moments. John Sutton is the perfect husband whose profession is advis- ing couples how to make their own marriages successful. His wife (Lynn Bari), however, after seven years of faultless attentions, yearns for something exciting. Misunderstanding his wife's desires, Sutton urges her to resume her old hobby of painting. Dutifully, she sets out with her brushes when Dan Dailey, Jr., a hand- some young captain of a fishing boat, thinks she is about to commit suicide. Trying to save her, Dailey takes her aboard his boat and after desperate efforts to explain, she decides to act the pretty young girl in distress. When her true identity is learned there are complications, in- cluding a resort to fisticuffs by the husband, who knew all the answers. In the cast are Alan Mowbray, Leonard Carey, Irving Bacon, Joyce Compton, Lillian Yarbo, Eula Guy and two youngsters, Shirley Hill and Sylvia Arslan. Alfred Werker, who directed, permitted too much talk to slow up a lively theme. The picture is suitable as program fare. Running time, 68 minutes. "A."* Edward Greif A" denotes adult classification. Kane' Is Montreal Winner at $10,500 Montreal, Oct. 16. — "Citizen Kane" copped the week's receipts, ringing up $10,500 at Loew's. 'When Ladies Meet" at the Palace drew $7,500. Estimated receipts for the week ending Oct. 9 : "Tanks a Million" (U. A.) "Niagara Falls" (U. A.) ORPHEUM — (1,000) (30c-40c-60c) 7 days. Gross: $3,000. (Average, $4,000) "Citizen Kane" (RKO) LOEW'S — (2,900) (35c-47c-67c) 7 days. Gross: $10,500. (Average, $7,000) "Buy Me That Town" (Para.) "Flying Blind" (Para.) PRINCESS— (2,200) (30c-40c-53c) 7 days. Gross: $2,900. (Average, $2,500) "When Ladies Meet" (M-G-M) PALACE— (2,200) (30c-45c-6^c) 7 days. Gross: $7,500. (Average, $7,000) "Father Takes a Wife" (RKO) "Parachute Battalion" (RKO) CAPITOL— (2,800) (30c-45c-62c) 7 days. Gross: $5,800. (Average, $4,000) 'Honky Tonk' Good Indianapolis Gross Indianapolis, Oct. 16. — "Honky Tonk" and "Tanks a Million" did $14,500, one of the year's best grosses here, at Loew's, and were held. The weather was mild and rainy. Estimated receipts for the week ending Oct. 10: "Hold Back the Dawn" (Para.) "Flying Blind" (Para.) CIRCLE — (2,800) (28c-33c-44c) Gross: $8,500. (Average, $6,500) "Navy Blues" (W. B.) "The Smiling Ghost" (W. B.) INDIANA — (3,200) (28c-33c-44c) Gross: $7,500. (Average, $7,000) "Honky Tonk" (M-G-M) "Tanks a Million" (U. A ) LOEW'S — (2,800) (28c-33c-44c) 7 Gross: $14,500. (Average, $8,000) Sun Valley Serenade" (20th-Fox) "Dressed to Kill" (ZOth-Fox) LYRIC— (2,000) (28c-33c-44c) 7 days 3rd week. Gross: $3,700. (Average, $4,500) days. 7 days. days. Chicago, Oct. 16. — As raJri weather most of the week cut deepli! into grosses, only two houses sccca better than average business. "Spaff Run Wild," aided by a stage show drew $18,500 at the State-Lake, whi "Lady Be Good" just passed average with $32,500 at the Chicago. Estimated receipts for the week ending Oct. 9 : "Sun Valley Serenade" (20th-Fox) APOLLO— (1,400) (30c -40c- 59c j 7 Gross: $6,200. "Lady Be Good" (M-G-M) CHICAGO — (4,000 J (35c-55c-75c) ; Stage: Variety bill. Gross: $32,500. age, $32,000) "Whistling in the Dark" (M-G-M) GARRICK— (1,000) (35c-55c-75c) 7 Gross: $4,500. (Average, $5,000) "Hold That Ghost" (Univ.) "Out of the Fog" (W. B.) ORIENTAL— (3,200) (25c-40c) 7 Gross; $7,500. (Average, $9,000) "This Woman Is Mine" (Univ.) "Mob Town" (Univ.) PALACE — (2,500) (30c-40c-60c) Gross: $11,500. (Average, $13,000) "Belle Starr" (20th-Fox) "Nine Lives Are Not Enough" (W B \ ROOSEVELT-(1,500) (30c-40c-59c)' 7 days 2nd week. Gross: $8,000. (Average, $11,000) 'Spooks Run Wild" (Mono.) STATE- LAKE— (3,700) (25c-35c-4Oc-50c) 7 days. Stage: Hollywood Sweater Girl Revue. Gross: $18,500. (Average, $14 000) Here Comes Mr. Jordan" (Col ) UNITED STATES-(1,700) (30c-40c-59c) 7 $ia4yo6o)2nd week' Gross: $10'00°- (Average, days ' day (Aver- days days. 7 days. 'York' Cincinnati Tally Hits $9,300 Cincinnati, Oct. 16. — "Sergeant York," playing a second week at the RKO Capitol at advanced prices did $9,300. "A Yank in the R.A.F." drew $13,400 at the RKO Albee, and "The Smiling Ghost," aided by George White's Scandals" on the RKO Shu- bert stage, pulled $12,500. Estimated receipts for the week ending Oct. 8-11 : "^r^ank in ^ R-A.F." (ZOth-Fox) RKO' ALBEE — (3,300) (33c-40c-50c) 7 S^^J1^- (Average, $12,000) It Started With Eve" (Univ ) RKO PALACE-(2,70O) (33c-40c-50c) 7 "tIS' c -,?SS: J,8'700' Average, $10,000) The Smiling Ghost" (W. B.) RKO SHUBERT-(2,150) (33c-44c-60c) 7 rv --(l,50O) (33c-40c-50c) 7 $5,000) ' $3'400' (Average, 'Unfinished Business" (Univ ) RKO LYRlC-0,400) (isc-33c-42c) » days, 3rd week. Gr $4,500) ||Lady Scarface" (RKO) "Man from Montana" (Univ ) rRK0 FAMILY --(1,000) (15c-28c) Gross: $1,100. (Average, $1,200) lie Saints Vacation" (RKO) hurry, Charlie, Hurry" (RKO) *K° ^MILY-O,00O) iSc-afc) Gross: $700. (Average, $800) Father Takes a Wife" (RKO) rKEIT?,'^(I'5C0) «3c Mc) : Gross: $3,000. (Average. $5,000) Jross: $3,000. (Average. 4 da\ days. days. Named Universal Booker Philadelphia, Oct. 16.-Harry Wiesenthal has been shifted from Bos- ton as Universal booker here the post of John Scully, Jr. officer, who was called duty. up to fill a reserve for active TEXAS" IS BIG: TOPS PENNY SERENADE HE STAYED FOR BREAKFAST . . . HIS GIRL FRIDAY" AND THE DOCTOR TAKES A WIFE IN SENSATIONAL OPENING AT HOLLYWOOD THEATRE, FORT WORTH! II TEXAS II WILLIAM CLAIRE GLENN HOLDEN *TREV0R* FORD GEORGE BANCROFT • EDGAR BUCHANAN Story by Michael Blankfort and Lewis Melfzer • Screen play by Horace McCoy, Lewis Meltzer,Michael Blankfort • Directed by GEORGE MARSHALL • Produced by SAMUEL BISCHOFF A COLUMBIA PICTURE 6 Motion Picture daily Friday, October 17, 1 LaGuardia Assails Inquiry As Attempt at Censorship Para, May Ask Decree Escape On Minn. Sales (Continued from page 1) subsidiary, Minnesota Amusement Co., or for selling to all Minnesota theatres. There is the possibility that Judge Goddard will be asked only to interpret Section 17 of the decree, for the purpose of determining whether under it Paramount has the right to sell to its Minnesota subsidiary in ac- cordance with the Minnesota state law. Para. Selling Circuit Under that section a consenting dis- tributor has the right, presumably, to sell its affiliated theatres "in such manner" as may be "satisfactory to it." Acting on this section, Para- mount already is selling its new sea- son product to Minnesota Amusement Co. That circuit, additionally, has an M-G-M franchise and has closed with Universal and Columbia. With ex- tended runs made possible by the fact that it is the only Minnesota circuit having that much product available, it might well be able to weather the con- fused legislative situation comfortably. Warners, RKO and United Artists already have made known their inten- tion of not selling in Minnesota, leav- ing 20th Century-Fox as the only company whose position has not yet been disclosed. William F. Rodgers, Loew's vice- president and general sales manager, is known to feel that his company is bound by the terms of the consent de- cree and the Minnesota anti-block law can't change that. Repeal a Solution It is Loew's attitude, according to report, that if, as recently represented, a majority of the exhibitors in Min- nesota are opposed to the state law, the apparent remedy is to seek a spe- cial session of the Minnesota legis- lature and work for repeal of the law. That a special session is not an im- possibility has been indicated in re- ports from St. Paul to the effect that one may be called this Fall or Winter to reconsider the state's taxation and finance situation which, reportedly, requires special and early considera- tion. The legislature is not scheduled to meet in regular session until next year. 9,200 Block Deals For Metro: Rodgers (Continued from page 1) Rodgers stated. The company now is engaged in selling its third block of pictures. Rodgers viewed completed and near- ly completed product during a recent visit to the studio from which he re- turned early this week. Among the latter and from which the ensuing block will be selected are some of the company's outstanding pictures of the year, Rodgers said. These include "Chocolate Soldier," scheduled to open at the Astor on Broadway next week ; "Two-Faced Woman," Garbo picture ; "Babes on Broadway ;" "H. N. Pul- ham, Esq.," the new "Thin Man" picture ; "Woman of the Year," starring Katharine Hepburn ; "Panama Hattie" and "Miss Achilles' Heel." (Continued from page 1) newer medium of expression, the screen." The Mayor commended the indus- try for its part in national defense and diverged to pay enthusiastic tribute to Wendell Willkie as "the highest type of American." The 1940 Republican Presidential candidate, who represented the industry at the sub- committee hearings, "has put every- thing personal aside in his work for national unity and his example of loyalty to country before all else," the Mayor said. The industry, he stated, "has abso- lutely nothing to be ashamed of in the pictures it has made in the past few years and nothing to apologize for in its newsreels. It is, rather, to be con- gratulated and it has the support of the public. No one-sided, bigoted group should be permitted to inter- fere with the work it is doing in con- tributing to national defense and na- tional unity." Inquiry Possible Abuse He said that the "propaganda" in- vestigation "might be considered a great abuse of legislative power." Mayor La Guardia related in open- ing his address that he recognizes two schools of thought in America on in- ternational affairs, the one which be- lieves the peace of the world and the future of America is menaced by Hitler, and the other which "likes the Hitler kind of government and be- lieve him so powerful it would be pru- dent to sit down and talk things over with him." Out of the second group, he said, "bigotry and hatreds have de- veloped. Show me a man who ap- proves of Hitler's methods and I will show you a man who is a bigoted, narrow-minded person." Recalling that the subcommit- tee's investigation never was authorized by the Senate and inferring that its proponents were most interested in "free- dom for those who believe as they do," the Mayor declared that "the public has a right to know just what those Senators object to in the motion pictures they have denounced." "Some of those pictures I have seen; some of those objected to have B & Kto Have Drive In Honor of Freeman Chicago, Oct. 16. — Balaban & Katz managers, department heads and exec- utives have launched a salute to Y. Frank Freeman, Paramount produc- tion head, in the form of a nine-week drive, Oct. 31 to Jan. 3. The cam- paign here is expected to be used as a model for other Paramount affiliated theatres in a national drive, it was stated. Five division winners will be awarded a trip to Hollywood. Dave Balaban was made chairman and Harry Lustgarten co-chairman of the drive. A. J. Piatt, Nate Piatt, Jack Sampson and Dave Wallerstein are on the committee, with Ed Seguin and James Savage handling publicity. no connection with what is taking place in Europe, they deal with na- tional defense. What could be more American than the film story of 'Ser- geant York' ? Would the investiga- tors prefer to have had the picture depict him as betraying his country after having been brought into the war? And what could be more fac- tual than your newsreels and The March of Time?" Nazis No Gentlemen "The motion picture industry is really good at its work," he continued. "It has rare imagination, flights of fantasy, command of near-magic, but there is one thing it cannot do. No script could be written which could show Hitler and his regime in a favorable light. You simply can't make a gentleman out of a Nazi. And yet these investigators ask why all pictures show Nazis in an unfavorable light." Mayor La Guardia was introduced by Louis Nizer, attorney, who drew a parallel between the Mayor's suc- cessful methods of obtaining public at- tention and following and those em- ployed by the industry's advertising and publicity men. Vincent Trotta, Ampa president, was chairman of the meeting. On the dais were: W. G. Van Schmus, Stan- ton Griffis, Colvin Brown, John Golden, Jack Alicoate, Francis Har- mon, Austin Keough and Leon Bam- berger. Theatrical Groups Hold La Guardia Rally Oct. 27 A luncheon by the Theatrical, Mo- tion Picture and Radio Division of the Citizens Committee for the Reelection of La Guardia, McGoldrick and Mor- ris, will be held Oct. 27 in the Grand Ballroom of the Hotel Astor. Stars of stage, screen and radio will occupy places on a large triple dais. John Golden is honorary chairman of the committee. Louis Nizer will in- troduce the Mayor. On the dais with the Mayor and his running mates are scheduled to be: Helen Hayes, Major Edward Bowes, Stanton Griffis, vice- chairmen of the committee; J. Robert Rubin, secretary, and W. G. Van Schmus, treasurer. Para, to Produce Army Training Film Holly wood^ Oct. 16. — Paramount will produce another War Depart- ment training film, according to Darryl F. Zanuck, chairman of the Research Council of the Academy of Motion Picture Arts and Sciences. The film is titled "The Motor Vehicle Driver," dealing with maintenance of Army motorized equipment. Special RKO Board Meeting on Budgets A special meeting of the RKO board of directors will be held today to consider budgets and appropria- tions. George J. Schaefer, president, is visiting the studio and will be un- able to attend the meeting. Michel Tells 1 Biof f Jury ofi $90,000 Fundi — (Continued from page 1) in the courtroom or at his home, .< I to submit to a deposition inquiry, kql I Michel testified that he had 1 $93,392 during the period from 19^11 through 1940 by use of expense voucl j ers. When he was asked how th I sum was used, or how much Kent ha I been reimbursed from this amount. I defense objection was sustained. Albert Warner, vice-president an I treasurer of Warner Bros., took tbl stand at 4:20 P. M. and had only tim I to identify himself and state that h I was present during the 1936 basic pac I discussions when a recess was take! until Monday. He will continue o I the stand at that time. Alleged Intermediary 111 The Government also brought an I other physician to the stand, Dr. \V ] Drew Chipman, who testified tha I Harry W. Beatty, former IATSE in- ternational representative, was ill witl a heart condition in Los Angeles ani could not be brought East without en dangering his life. Beatty is the mai who, the Government contends, sue ceeded Norman Thor Nelson aj Bioff's designee to collect commission: from Smith & Aller, Ltd., West coas representatives of DuPont Film. Hugh J. Strong, personnel super visor at 20th Century-Fox, testifiec that in the Spring of 1937 he accom panied Kent when the latter deliverec an envelope containing money to i bellboy at the Warwick Hotel foi Bioff. Strong also said that ht brought an envelope containing monej to Bioff at the Hotel Astor in the Fall of 1937. Nelson Testifies Again Nelson continued with his testimony as the first witness yesterday. He told of reporting his income tax under Bioff's direction and of being dis- missed without explanation by Bioff with instructions, "You keep this to yourself — that's all." He also stated that Bioff gave his mother-in-law (Nelson's mother) $20,000 in cash during the Summer of 1936. Cross- examination was brief and elicited only the fact that she had deposited the sum in her bank. Frank C. Olsen, secretary of the Chicago Theatrical Protective Union. Local 2, IATSE testified that Beatty became a member of that local on March 21, 1902 and Browne on Aug. 16, 1915. Florence Rose, bookkeeper at the main IATSE offices, stated that Beatty was paid $110 weekly as inter- national representative from Aug. 4, 1936, to Feb. 10, 1939. Hotel repre- sentatives followed to say that Beatty and Browne had registered at the Waldorf-Astoria on April 29, 1936, had checked out together at 5 :28 the next morning, and had checked in at the Hotel Warwick an hour later. 20th-Fox Asks Tax Cut Twentieth Century-Fox Film Corp. yesterday filed a writ in N. Y. Su- nreme Court against the N. Y. City Tax Commission, claiming excess as- sessments for 1941 -'42 on three un- named company properties. The writ seeks a reduction from $1,590,000 to $1,250,000. I a> October 17. 1941 Motion Picture Daily 7 [cations Win J. S. Priority LFor Repairs A I ft'.vs h i n gto x , Oct . 1 o. — New I jers were issued today by the ifce of Production Management [■ which commercial broadcast- rotations and certain other in- tnes will be given an A-10 pri- ty rating to obtain maintenance I repair materials, "he rating also can be used to ob- i fuel and other operating supplies, "he preference will be granted only equipment, accessories and the like maintenance and repair. It will extend to the replacement of exist- material with material of a better id. quality or design, or to additions or expansion of present installa- heatre Curfew in England Ruled Out L"XD0N, Oct. 16. — The attempts of •:al authorities in England to im- se early curfew on theatre opera- >n were effectively scotched today, len Herbert Morrison, Home Secre- ry. declared in Commons that he d asked police officers throughout e country not to order theatres »>ed before 10 P. M. 'Where possible, Morrison requested, eatres are to be permitted to remain oen until 11 P. M., the statutory- nit imposed under the defense regu- tinns. Morrison emphasized the im- >rtance of the screen as a means of -creation for war workers, and sug- ,';sted the staggering of closing hours here possible to assist in the trans- lation problem. However, he said e would not disapprove earlier clos- ,ig in the event of heavy bombing at- 4c ks. British Report Blow To Production Plans (Continued from page 1) tudios. The military service calls be in three groups, the first now, he second in December and the third n April, with a total of 400 to be ailed up. It is hoped to obtain Government reoperation in the relief from military .ervice of actors, and the possible re- lease of studio space now occupied by ':he Government. Sues on Ice Show Songs Sonart Productions, Inc., producer pi the ice revue, "It Happened on Ice," has filed suit in N. Y. Supreme Court for $250,000 damages against Robbins Music Corp. for alleged breach of con- tract. Sonart claims that on Sept. 25, jl('41, Robbins agreed to promote the songs from the show and charges failure to cary out this agreement. Plan to Film Musical John Doran and Associates have closed a deal with Joseph Jordan and Homer Tutt for the picture rights to "Deep Harlem," musical produced on Broadway two years ago. It is planned to make the film in New York with an all-colored cast. Ascap-Web Pact Up With Independents Officials of XBC, CBS, Ascap and the newly organized Independent Broadcasters, Inc., will confer here today on the new Ascap-network con- tract. An agreement with the independents at the meeting on their share of the payments at the source under the new Ascan contract would clear the way for immediate closing by the two net- works of the new pact. However, failure to reach an agreement could delay the return of Ascap music to the major networks indefinitely. The conferees will arrive here today from Chicago where the new independent organization was formed this week, with network and Ascap officials as observers. Radio Independents Form Committees Chicago, Oct. 16. — Representatives of the 68 independent broadcasting stations which met at the Drake Ho- tel here this week to form Indepen- dent Broadcasters, Inc., have ap- pointed the following committees : Organization and membership : Walter Damm. WTMJ. Milwaukee; Henry Slavick, WMC, Memphis; Ronald Woodvard. WING, Davton : William O'Neil. WJW Akron, and Campbell Arnott, WTAR. Norfolk. W. Va. Copyright — Hovt Wooten. WREC, Memphis; Stanlev Hubbard. KSTP. St. Paul ; John Gillin, WOW. Omaha; Ed Craney, KGIR. Butte, Mont., and Hulburt Taft, Jr., WKRC, Cincinnati ; Super-power — John Shep- hard, 3rd, WAB. Boston; John Ken- nedy. WCHS. Charleston, W. Va.; William Scripps, WWJ, Detroit; Luther Hill, KRNT, Des Moines, and Ed Craney, WGIR. Butte. Mont. Directors Elected By Pittsburgh Club Pittsburgh, Oct. 16. — The local Variety Club elected directors this week as follows : I. Elmer Ecker, Mort England, Sam Feinberg, Wil- liam Finkel, Robert Fiske. Mark Goldman, Joseph Hiller, Harry Kal- mine, M. N. Shapiro, Tony Stern and Al Weiblinger. Election of officers will be held shortly, C. C. Kellenberg. retiring chief barker, has announced. More than 800 of the 900 seats for the 13th annual dinner, set for Nov. 2. already have been sold. Former At- torney-General William McCraw of Texas will be toastmaster. Former Governor Harold Hoffman of New Jersey is scheduled as one of the speakers. First FM Station Is Established in Ohio Columbus, Oct. 16. — The first FM station in Ohio, to be known as W45CM, built at a cost of more than $100,000, has been established here. It is owned and operated by WBNS, Inc., local CBS affiliate. James E. Blower has been named program director, Herbert J. Welch, oublicity director, and Paul E. Neal, musical director. New CBS Frisco Outlet KQW will replace KSFO as the San Francisco outlet for CBS Jan. 1, it has been asnounced. 200 Radio Stations Aid Army's Morale Washington, Oct. 16. — More than 200 broadcasting sta- tions in 21 states, the District of Columbia, Puerto Rico and Alaska are cooperating with the Army Morale Branch in providing entertainment and news programs for soldiers in Army camps, it is announced by the War Department. The network was started last May as a "Red, White and Blue" chain, and a theme song with that title was ar- ranged and transcribed by Don Allen and his orchestra, transcriptions being sent to all the participating stations. Grosses on BVay Have Bright Week (.Continued from page 1) "Hunky Tonk" brought an estimated $28, 000 in its second week. At the Radio City Music Hall, "It Started With Eve," with the stage presentation, had a substantial second week's business estimated at $88,000. The film was replaced yesterday by "All That Money Can Buy." The Strand grossed an estimated $35,500 with "The Maltese Falcon" and Jan Savitt's orchestra in its sec- ond week. The new show, "Sergeant York" and Phil Spitalny's orchestra, goes in today. "Target for Tonight" opens at the Globe today following "Law of the Tropics," which drew an estimated $3,500 for one week. Ex-Gov. Brucker Arbiter in Detroit (Continued from page 1) consent decree relating to that type of complaint went into effect. Indica- tions are that it will be the first case of its kind to be decided and as such may establish precedents for similar complaints. Cicero, 111., House Files on Clearance Chicago, Oct. 16. — A demand for arbitration of clearance was filed here today by the R & G Theatre Corp., operating the Olympic. Cicero, 111., against the five consenting companies. The Villas and Palace theatres in Cicero were named in the complaint. Meanwhile, hearing of the clearance complaint of the Oriental Theatre, large Loop house, has been postponed from Oct. 20 to Oct. 22 to give parties in interest additional time to prepare stipulations of fact. Order Petrillo Quiz In Action by AG MA James C. Petrillo, president of the American Federation of Musicians, was ordered yesterday to testify he- fore trial on Oct. 24 in reference to the suit of AGMA to restrain Petrillo from barring its members . from work- ing in films, on the stage or in radio. AGMA will question -Petrillo on his jurisdictional powers and alleged threats by him to prevent AFM men from working with AGMA instru- mentalists. INS Head Tells FCC of Refusal To Sell Radio Washington, Oct. 16. — Federal Communications Commission offi- cials, investigating newspaper own- ership of broadcasting stations, to- day turned their attention to alleged refusals of the International News Service to sell its reports to radio stations in cities where it had clients. Joseph V. Connolly, president of King Features Syndicate, owner of INS, admitted that it was the policy not to sell stations in cities where it served papers because, he said, papers that buy service might want to use it on the air for promotional purposes. The service, he testified, is sold to papers on exclusive rights, and radio stations could be served only under a waiver from the paper in their city. Herbert Moore, president of Trans- radio Press, told the commission that the Associated Press, the International News Service and the United Press sought to place "every obstacle pos- sible" in its way when Transradio began operation. The three wire services together with the American Newspaper Pub- lishers Association, he charged, brought pressure on both the House and Senate in an effort to prevent Transradio from obtaining admittance to the press galleries, the White House and even the local police courts. This policy, he said, had been pursued in the state capitals as well as the national capital. Moore also said that pressure was brought to bear upon the foreign news agencies. Radio-Music Parleys For Peace Under Way Conferences in Pittsburgh between the management officials of WJAS and KQV there, and the local of the American Federation of Musicians were being watched yesterday by net- work officials in the hope that some formula for settlement of the AFM strike which started Wednesday might be found. Yesterday the strike was extended to sustaining programs originating from NBC stations in Chicago, Hol- lywood and San Francisco, although New York was unaffected. The CBS strike which started Wednesday against the network's New York sta- tion spread to Hollywood and Chicago. With only sustaining programs and remote pickups of bands during late evening hours affected, the periods at which listening is at its height re- mained relatively unchanged, as they are almost solidly sponsored. With New York musicians still working for NBC. that network did not find the auestion of sustaining programs dif- ficult. _ CBS, however, was compelled to fill in with dramatic skits, unaccom- panied singers and similar programs. Again Sponsors Opera Texaco again will sponsor Metro- politan Opera broadcasts this season, starting Saturday, Nov. 29 for 16 weeks. The programs will be heard from 2 to 4 P.M. over 142 NBC-Blue stations. Watch for more box-office communiques from the man of the hour, George Washington Hope! lert, i MOTION PICTURE DAILY _] ; Jb. i ... ;. O 4 Firsfin (adiehcduled departure today. David O. Selznick will remain here another week and will share with Raftery the selection of a new presi- dent for the company. Selznick's deal for becoming a United Artists owner- producer has not been completely closed yet but no complications are foreseen and indications are that it will be formally closed as soon as a board meeting can be arranged. A directors' meeting is necessary to rat- ify the deal and a stockholders' meet- ing is required to elect Selznick to the board. The United Artists stockhold- ers are also the directors. Whitney to Shift Office to Capital i Washington, Oct. 19. — John Hay -Whitney, director of the Motion Pic- ture Division of the Committee on In- ter-American Relations, will shift his headquarters from New York to Washington, Nov. 1, it was disclosed tonight. The purpose of the move, it was stated, will be to enable Whitney to keep in closer touch with committee headquarters and obtain quicker action (Continued on page 6) Eleanor Roosevelt Scores Senate Probe of Films on Radio Broadcast Mrs. Eleanor Roosevelt, wife of the President, took up the cud- gels on behalf of the motion picture industry yesterday evening in her radio broadcast over 117 NBC-Blue stations from 6:45 to 7 o'clock, which was repeated over 11 NBC-Blue stations from 12:15 to 12:30 A.M. on behalf of Pan American Coffee, sponsor. Buchanan & Co. handles the account. This is what Mrs. Roosevelt said in part: "The motion picture industry has been under investigation by a Congressional committee. The question seems to be whether the producers have a right to present their views through the plays they produce. "I think it is permissible for Senator Nye, Senator Wheeler and Mr. Lindbergh to present their views to the world, but I think it is equally permissible for all others. "Why is one propaganda any different from any other? Free- dom of speech should be accorded to all. "The real test is whether a citizen has a right to say 'no,' and that right we have had for 150 years and is still ours today." Hudson Plan Launched by Mich. Houses Will Be Available to All Exhibitor Groups By JOHN D. WAGNER Detroit, Oct. 19. — A total of 373 theatres in Michigan, a major- ity of houses operating in the state, has been enrolled as the first con- tingent by Allied Theatres of Mich- igan in the plan proposed by Earl J. Hudson to sell the motion picture as the greatest form of entertain- ment. The campaign, which will be inaugurated throughout the state, has been christened the "Michigan Allied Plan." The campaign material will be avail- able to any interested exhibi- tors, according to Ray Branch, Michigan Allied president, for adoption on a local or regional basis, and cooperation has been pledged by national leaders for launching it nationally. Among those who have commended the plan are Abe Montague, Columbia (Continued on page 6) Albert Warner to Be Witness Today Albert Warner, vice-president and treasurer of Warner Bros., is sched- uled to describe his company's role in the 1936 basic pact meetings and subsequent discussions with George E. Browne and William Bioff when the trial of the latter two resumes in Federal Court this morning. Warner completed a few minutes of routine testimony when the trial adjourned Thursday. Harry M. Warner, president, and Jack L. Warner, vice-president in (Continued on page 6) Monroe, N. Y., House Wins Clearance Cut A consent award in the arbitration clearance complaint of Gleason Amuse- ment Corp., owner of the Colonial, Monroe, N. Y., was entered at the local arbitration board on Friday. The award constitutes a settlement agreement and calls for reduction of the 14 and 21-day clearance of the Rit? and Broadway, Newburgh, over (Continued on page 6) 2 Motion Picture Daily Monday, October 20, ljj Another Exhibitor Decries Catering to Column Writers Editor, Motion Picture Daily : I think Ed Harris, of the Glen- dale Theatre, Glendale, Cal, in his recent letter to you, has hit the nail square on the head. It's high time we do something in this industry about unscrupulous critics who make their living directly from us and yet would sap our very life blood. Mr. Harris' letter is quite timely in my own local situation. I am currently playing Metro's "Honky Tonk" and in our daily today the local critic in his re- view calls it a "corny offering from M-G-M." Thank God the picture is doing S. R. O. business at every per- formance. Otherwise my wrath would be even greater ! Yes, you may quote me. Sincerely, Paul O. Klingler, Manager, The Rialto Theatre, Lewistown, Pa. Kansas City Variety Club Ball on Nov. 21 Kansas City, Oct. 19.— The 11th annual charity ball of the local Va- riety Club will be held at the Pla- Mor Nov. 21, according to Jerry Zig- mond, chief barker. Committees have been appointed, with Earl Jameson as general chairman. Sam Abend is in charge of tickets, and Arthur Cole and James Lewis will handle reserva- tions. Other committee chairmen are : Finton Jones, program ; Barney Jof- fee, entertainment ; Ward Scott, deco- rations, and Gale McKinney, pub- licity. Personal Mention O. R. Hanson Opens Office in Toronto Toronto, Oct. 19.— Oscar R. Han- son, former associate of N. L. Na- thanson, will open an office here to- morrow under the name of Foto-Nite Distributors, Ltd., with George Oulahan as manager. Oulahan for- merly was associated with Hanson in Sovereign Film Distributors and Empire Universal Films, both Na- thanson companies. BROADWAY PLAYS "BRILLIANT! . . . MIRACULOUS!" — Danton Walker, News CERTRUDE LAWRENCE in the Musical Play "LADY IN THE DARK" ALVIN. 52 St. W. of B'way— Mats. Wed. & Sat. Mail Orders Promptly Filled "A GREAT SHOW" — Herald Tribune 5flc §1 & $1.50 PLUS TAX 'Jyj > 1 -«■ NO HIGHER 2ND YEAR— 2ND EDITION of the _ Sensational Musical Icetravaganza IT HAPPENS ON ICE at America's Only Ice Theatre Center Theatre, Rockefeller Center. CO. 5-5474 Eves, except Monday. Mats. Wed., Sat. & Sun. oOl Seats for Every Pert. 50c. EVGS. AT 8 40 BARNEY BALABAN is expected back from California tomorrow. Harry Goetz left for the Coast yesterday. H. A. Ross is ill at his apartment on Park Ave. Don Allen, manager of the Tri- States Capitol at Davenport, la., and Mrs. Allen are vacationing. • Lester Jeffries has returned to his post as assistant manager of Fay's, Philadelphia, after an illness. • Gregory Ratoff leaves today for the Coast from Chicago. T EO SPITZ left the Coast Satur- 1~J day for Chicago, where he will be joined by Mrs. Spitz. • Robert Schwartz, operator of the Park Theatre, Thomaston, Conn., is the father of a son, Michael, born at Waterbury Hospital. • Joseph Perrone, operator of the Music Hall, Lansdale, Pa., became the father of a son recently. • Milton Marx of Warners will have a water color exhibition at the Marie Sterner Gallery starting today. • Lester Stallman, manager of the Astor, Reading, Pa., has recovered from an appendix operation. W anger Office Here To Close on Nov. 15 Walter Wanger's New York office, headed by Harry Kosiner, will be closed Nov. 15 because of the pro- ducer's withdrawal from United Artists. Wanger left for London by clipper yesterday. He was accompanied by Norman Reilly Raine, writer, who will assist Wanger in preparing "Eagle Squadron," his next produc- tion. It was indicated prior to Wanger's departure that the produc- er might make no overtures for a new releasing arrangement until that production, and possibly another, are completed. Such a film "package" could be offered to any of the con- senting distributors for immediate trade showing, thus facilitating a dis- tribution deal, it was pointed out. Kosiner, who has been in charge of Wanger's Eastern office for many years,_ expects to announce a new as- sociation soon. Sentencing of Fox Off U ntil Tomorrow Philadelphia, Oct. 19— The sen- tencing of William Fox, scheduled for Friday in Federal Court here, has been postponed until Tuesday by Judge Guy K. Bard at the request of Martin Littleton, Jr., Fox's attorney. Littleton, it is reported, will seek to have the case nol prossed. Disney Party Today Walt Disney, who returns today from South America, will be guest of honor at a party at the Waldorf- Astoria this afternoon given by RKO and the Disney office. Representatives of the Latin American consulates are expected to be present. PREVIEW THEATRE Invites You to inspect its NEW— MODERN Preview Theatre No. 2 on the 9th Floor at 1600 BROADWAY, N. Y. C. Each Theatre equipped for 35 mm and 16 mm showings day or night. Designed for comfort and BEST RESULTS. Says CIO Ready to Organize Industry The CIO is prepared to organize all white collar workers in the industry, Lewis Merrill, president of the United Office and Professional Workers of America, told several hundred persons at the Fraternal Clubhouse Friday night when he presented a charter to the Screen Office and Professional Employes Guild, Local 109. David Golden, temporary chairman, accepted the charter on behalf of the local. Saul Miller, secretary of the Greater New York Industrial Council, pledged the support of all CIO1 unions here. Delay Referendum On SPG Affiliation The referendum of the Screen Pub- licists Guild on the question of affilia- tion with the Screen Office & Profes- sional Employes Guild, Local 109, CIO, scheduled to be mailed Friday, has been postponed by the SPG ex- executive council. No reason for the postponement was given although it was stated the decision was by the unanimous vote of the executive council and negotiat- ing committee. There will be a spe- cial membership meeting Thursday evening to consider the affiliation question and the progress of contract negotiations with the companies. RKO Board Takes No Dividend Action The RKO board of directors at a special meeting on Friday discussed financial and operating matters, it was announced, and decided to take no action with respect to the declaration of a quarterly dividend on the six per cent preferred stock of the company for the quarter ended Oct. 31, 1941. Deanna Durbin Is Suspended by 'U' Hollywood, Oct. 19. — Deanna Dur- bin has been suspended by Universal. Studio officials declared she had re- fused to play in her next picture and demanded the right to choose her own stories, supporting casts and director. Her contract has three years to run. 'Soldier' Opens Oct. 28 "The Chocolate Soldier," M-G-M film, will open at the Astor Theatre on Broadway Oct. 28, following the current "Dr. Jekyll and Mr. Hyde." The new film will play on a continu- ous-run policy, See Circulation Off 15% in News Strike It is estimated in advertis- J ing circles here that the con- ' troversy between newsdealers j and eight New York daily I papers which has kept news- j papers off most Manhattan i and Bronx news stands for a | week, has caused a circulation ! drop of from three to 15 per cent. /r It is understood that adveat tisers are requesting rebates because of the lost circula- tion, and it was felt over the weekend that if the strike were to continue a more seri- ous problem on advertising appears inevitable. . Griff is Sale of Para Stock Is Reported Washington, Oct. 19. — Dispositioi of 500 shares of Paramount Picture common stock held by Stanton Griffis through the N. Griffis Trust, was m largest of several film transactions re ported by the Securities and Exchang Commission in its final report t August transactions of corporatio officers and directors in the securitie. of their companies. The report included a large numbei of indirect transactions not previouslj disclosed by Griffis, running back ai far as 1937, showing that at the closij of August he held 7,500 shares o] common direct and 21,000 shard through four trusts. A report on Loew's, Inc., showet the acquisition of 33 shares of conf mon stock by Charles C. Moskowitz giving him an even 1,000 shares, anl acquisition of 33 shares by Joseph R Vogel, giving him 300. The only other transactions ra ported were the acquisition by Radit Keith Orpheum Corporation of 6/ shares of Keith Albee Orpheum com; mon stock, giving it a total of 1,205* 665 shares, and the acquisition by Aj tilio H. Giannini of 200 shares of Col umbia Pictures common stock, reprei senting his entire interest. Mayer-Burstyn Set Play Arthur Mayer and Joseph Burstynd have obtained the rights to H. Sll Kraft's play, "Cafe Crown," and plan to start rehearsals shortly. MOTION PICTURE DAILY {Registered U. S. Patent Office) Published daily except Saturday, Sunday ana holidays by Quigley Publishing Company! Inc., 1270 Sixth Avenue, Rockefeller Centerj New York City. Telephone Circle 7-310(1 Cable address, "Quigpubco, New York." Manj tin Quigley, Editor-in-Chief and Publisherji Colvin Brown, Vice-President and GeneraL Manager; Watterson R. Rothacker, Vice) President; Sam Shain, Editor; Alfred L." Finestone, Managing Editor; James Ai Cron. Advertising Manager; Chicago Bureauj 624 South Michigan Avenue, C. B. O'Neilll 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 4>ost 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 10cj EVERYTHING A SHOWMAN COULD WANT Telegram <* de. * a stable WE or W70ri^^s corp. ^B m new an ct REftCnoN to -l^s _ prmse. LU: Lp .UN WROTE' ' FORCE™ L pua WU TO ^ BLUE EVENING SOU WWi ' ' " ' THE SPWE. ™u- ~~ ^ MWu W BM.UM0RE CONCERNED FOR 15,000,000 LISTENERS A mile from shore, in the middle of Long Island Sound, stands a man-made island— sea-born foothold for a giant tower with a giant s voice. This isWABC's new 50.000-watt transmitter — the perfect voice of radio, serving 15.000.000 listeners as they have never been served in the past. Serving 10.000.000 of them with a signal two to ten times stronger than before ! The secret? The secret is that mile — the most important mile in radio — the mile of salt water which surrounds this engineering miracle on all four sides. That "salt-water-start " for a radio program, that first perfect mile, is like the first perfect skip of a stone — which sends it true and far. \\ ABC is the only 50,000-watt station on the east- ern seaboard with this over-water start in all direc- tions—east to both shores of the Sound — south through Queens and Brooklyn — north through New lork and Connecticut — west through the heart of Manhattan and the homes of New Jersey. Ke\ station of the Columbia network, feeding CBS programs to 124 network stations and 120,000.- 000 listeners from coast to coast — the new WABC delivers those programs to the 15.000.000 nearest lis- teners with new strength, new clarity, new brilliance ! The New WABC, New York KEY STATION OF THE COLUMBIA BROADCASTING SYSTEM 6 Motion Picture Daily Monday, October 20. ] fix theatre admissions. The ruling provides that strikes will (Continued on page 10) Critic Quits, Charges Probe Copy Changed Don Herold, motion picture critic 3r Scribncr's Commentator, rabid iso- itionist magazine, has resigned from is post because, he claimed, his copy .as tampered with to make him look like a Fascist." According to newspaper accounts, ierold charges that certain comments « had made in regard to the Nye- "lark subcommittee investigation of -lleged film propaganda, which ap- •eared in the magazine's November is- ■ue, were tampered with. According {Continued on page 8) Disney Will Delay Andersen Stories The Hans Christian Ander- sen stories which he planned to do in conjunction of Sam- uel Goldwyn may be delayed indefinitely, Walt Disney in- dicated here yesterday. He said he believes the pictures require a "world market" to be financially successful, and pointed out that today "we are really working for a world market that has been cut in half." Warners Paid Biof f $100,000 in Cash, Trial Jury Is Told Warner Bros, paid $100,000 in cash to William Bioff during the years 1936 and 1937, according to the testi- mony of Harry M. Warner, presi- dent, and Albert Warner, vice-presi- dent and treasurer, given in Federal Court yesterday during the trial of Bioff and George E. Browne. David Bernstein, attorney, yester- day served a summons and complaint in a stockholder's suit against 20th Century-Fox and the board of direc- tors for "wasting" the company funds in making payments to Bioff and Browne. The complaint stated that the "exact amount is unknown" and asks for an accounting. Helen Solo- mon, holder of 200 shares, is plaintiff in the suit which is brought in N. Y. Supreme Court. A number of simi- lar suits against other companies on (Continued on page 11) MINN. SUES MAJORS ON ANTI-5' BREACH Paramount, RKO and 20th-Fox Are Named In Test Cases Filed by County Attorney; May Take Months to Determine By ROBERT E. MURPHY Minneapolis, Oct. 20. — Test cases designed to furnish the earliest possible ruling on the constitutionality of the Minnesota anti-block-of-five law were begun here today with the issuance of complaints charging Paramount, RKO and 20th Century-Fox with violations of the law. [Attorneys for distribution companies stated in New York yesterday that the cases probably would require several months to conclude. It was said that the ac- tions, on criminal grounds, should provide more definitive and clear- cut rulings on the constitutional- ity of the state law than would the injunctive method. [It was believed that the prod- uct shortage already being felt in Minnesota would not be averted by the test cases because of the time required to bring them to a conclusion.] James F. Lynch, Ramsey County Attorney at St. Paul, issued the three separate complaints which were signed by Harold St. Martin, a deputy sher- iff. They were served on defendants here with summonses this afternoon. Those served were Ben Blotcky, Para- mount district manager ; Louis E. (Continued on page 10) Gov't Charges U.A. and Univ. Aided Crescent Nashville, Oct. 20.— United Art- ists Corp. today was charged in the Government's findings of fact in the Crescent anti-trust case with having "knowingly aided" Crescent Amuse- ment Co. and other defendants in eliminating or suppressing independ- ent theatre competition in three speci- fic locations and in eliminating com- petition generally by licensing agree- ments. Universal Film Exchanges, Inc., the Government claimed, also "know- ingly aided" defendants to eliminate (Continued on page 10) Argentine Steaks Mean More Than Films-Disney Allied WillDecide on UnityPlanTomorrow Pittsburgh, Oct. 20. — Adoption by national Allied of the proposed all- industry unity plan will be considered by the board of directors of the na- tional body at a meeting here Wed- nesday morning, in connection with the convention of Allied of Western Pennsylvania. The regional unit's two- day meeting opens at the Hotel Roose- velt here tomorrow. Registration will take place tomor- row morning, followed by luncheon in the hotel's Blue Room. An open (Continued on page 10) By SHERWIN A. KANE Pan-American relations would re- quire no hypodermic if more juicy, three-inch thick Argentine steaks, prime cuts from baby beef, could be served in the United States at 50 cents a throw, as they are below the equator, Walt Disney indicated in an interview here yesterday following his return from a two-month goodwill visit to Latin America. The increasing industrialization of South America promises an expanding market there for motion pictures. Dis- ney is confident. The continent is be- ing rapidly developed and future im- migration is certain to be attracted. Disney was highly impressed with the friendliness of the South Ameri- (Continued on page 8) Odeon Link Seen In Deal for G. B. London, Oct. 20. — A closer link be- tween Gaumont British and the Odeon circuit of Oscar Deutsch, two of the largest circuits in Great Britain, is ex- pected as a result of the negotiations now in progress for the acquisition by the owning interests of General Film Distributors of control of Gaumont British. General Film, financed by Arthur Rank and headed by C. M. Woolf, is (Continued on page 8) Doubt Probe Group Inquiry on Radio Washington, Oct. 20. — Observers believe it is extremely doubtful whether the Nye-Clark subcommittee created to inquire into alleged propa- ganda in films and radio, will investi- gate radio. Its emphasis has been on films thus far, and leading observers think that it will so continue until the (Continued on page 8) Motion Picture Daily Tuesday, October 21, 19 ( Coast Flashes Hollywood, Oct. 20 BARNEY BALABAN, Paramount president, arriving over the week- end, today addressed a meeting of field exploitation representatives and the studio staff on campaigns for "Louisi- ana Purchase" and other pictures. Neil Agnew, Y. Frank Freeman, Robert Gillham and B. G. De Sylva participated in the five-day meeting which ended today. • Richard McFarland, 73, veteran theatrical figure and one-time London exploitation chief for United Artists, died here last night. He was taken to Hollywood Presbyterian Hospital about 10 days ago by Mary Pickford, an old friend. The funeral will be tomorrow. • The Screen Office Employes' Guild, which recently was granted a collec- tive bargaining contract at five studios, has become affiliated with Painters International Brotherhood, AFL, be- coming Local 1391. The affiliation was decided by a three-to-one mem bership vote. • Virginia Gilmore today replaced Marjorie Weaver in Republic's "Mr. District Attorney" and "The Carter Case," because of the latter's illness Montague, Jackter To Coast Meeting A. Montague, Columbia general sales manager, is en route to San Francisco to attend the company's third regional sales meeting to be held in that city Friday and Saturday Rube Jackter, assistant sales manager left yesterday for the meeting. NEW YORK THEATRES RADIO CITY MUSIC HALL Rockefeller Center "ALL THAT MONEY CAN BUY'* EDWARD ARNOLD . WALTER HUSTON Produced by WILLIAM DIETERLE „., _. An RKO-Radio Picture ON THE GREAT STAGE: "Silk-Satin-Calico- Rags —Russell Markert's gay colorful revue. Symphony Orchestra, direction of Erno Rapee. 1st Mezzanine Seats Reserved Circle 6-4600 CHARLES BOYER Olivia Paulette DeHAVILLAND GODDARD "HOLD BACK THE DAWN" A Paramount Picture PARAMOUNT SQUare IN PERSON XAVIER C U G A T AND BAND JAY & LOU S E I L E R TIMES TYRONE POWER "A YANK in the RAF." with BETTY GRABLE A 20tk Century-Fox Picture PLUS A BIG PQ)(Y 7,h AVENUE STAGE 8HOW 50th STREET B WAY & 47th St. PALACE BETTE DAVIS "The LITTLE FOXES "MOONLIGHT IN HAWAII" with LEON ERROL Personal Mention ROBERT J. O'DONNELL, general manager of Interstate Theatres, left yesterday for Dallas. • Phil Laufer, in charge of publicity for the Criterion on Broadway and Etta Isabel Shore will be married Nov. 9 at Temple Auditorium, Brook- lyn. • Lester Pollock, Loew's manager in Rochester, is confined to his home by illness. • Joe Goltz, United Artists manager in China, is in town. • Natale DiFrancesco, owner of the Cheshire Theatre, Cheshire, Conn., is recuperating from an ill- ness of several weeks. • Henry S. White of Paramount left last night for Chicago. • Mr. and Mrs. Jack Shaindlin have returned from a vacation in At- lantic City. THOMAS J. CONNORS left last night for New Orleans. E. K. O'Shea has returned from a field trip. • Claude Lee of Paramount arrives today in Pittsburgh. • Nathan Lampert, former New England theatre operator, now of Miami, is visiting in New Haven. • Jean Fishman, daughter of Harry Fishman, operator of the Community Theatre, Fairfield, Conn., was mar- ried Sunday to Dr. A. Roffman of Fairfield. • Gladys McGowan, chief of service at Loew's, Rochester, N. Y., has left to take a position with the Army Ordnance Office. • Irving Rapper, Warner director, has returned to the Coast from New York. Nathanson Firm to Handle Rock Films An Anglo-Canadian film distributing company will be formed in Canada under N. L. Nathanson auspices to handle Canadian distribution of prod- uct from the Rock Studio, London, it was learned yesterday. The new company will be a Canadian affiliate of Anglo-American Film Corp., London. Lou Jackson, head" of the latter company, conferred with Nathanson in Toronto last week on the formation of the company. Jackson returned to New York yester- day and is scheduled to leave for Eng- land by clipper next Tuesday. Columbus Club to Hold Party Nov. 11 Columbus, O., Oct. 20.— The local Variety Club will sponsor the RCA- Victor Dance Caravan at Columbus Auditorium, Nov. 11 and 12, at which the orchestras of Tommy Dorsey and Shep Fields will participate. Proceeds will go to the benefit of the club's chanties. Virgil A. Jackson, chief barker, is general chairman of the affair. Republic Will Hold 3 Regional Meets Hollywood, Oct. 20. — Regional sales meetings of Republic will be held in New Orleans Nov. 2-3, Chi- cago 7-8 and New York 12-13, ac- cording to James R. Grainger, presi- dent, who is now visiting the studio. Mistaken Identity Jack H. Levin of the Copyright Protection Bureau declares that he has no knowledge of, or relation to the Jack H. Levin who is the author of the play "Good Neighbor," which opens on Broadway tonight. The two names are identical. Columbian Club to Dine The annual dinner and dance of the Columbian Club of Columbia Pictures will be held Friday evening at Ben Marden's Riviera, Ft. Lee, N. J., it was announced yesterday. Students' Shows for 'Arsenic' and 'Eileen' The Central Control Board of the New York City School Theatre Pro- gram at a meeting at Actors Equity headquarters yesterday scheduled two additional productions for presentation to school children at a nominal admis- sion, Alfred Harding, chairman, an- nounced yesterday. The plays are "Arsenic and Old Lace," which will be shown at the Fulton at a special matinee Nov. 6 at 10 cents admission for students, and "My Sister Eileen," at the Biltmore, Dec. 1, at IS cents a ticket. The first show of the season was "Life With Father." Eight to 12 more such special matinees are planned this season, Harding said. 'Good Neighbor' Is Tonight's New Play \ A new play by Jack Levin, "Good Neighbor," will open tonight at the Windsor Thea- tre. It was produced by Sam Byrd and directed by Sin- clair Lewis. Chicago Sales Club Admits 9 MembM Chicago, Oct. 20.— The Reel^l lows Club, organization composed film salesmen working out of loc exchanges, accepted nine applicants their last meeting at the Congre Hotel, making the membership 62 d of a possible 65 here. Date of the club's second annu dinner dance has been set for Ja 23, 1942, in the Gold Room of tl Congress. Frank Flaherty of Colun bia is chairman of the dance con; mittee, assisted by Irving Joseph, R public, entertainment chairman; Sc' mour Borde, RKO, assistant enteij tainment chairman; Harold Loe 20th Century-Fox, ticket sales ; A. "V ■ Van Dyke, 20th Century-Fox, danci treasurer, and E. L. Goldberg, Par;| mount, publicity. Proceeds of the a] fair will go into the club's benefJ fund. Carolina Exhibitors Will Meet on Dec. 7 Charlotte, N. C, Oct. 20.— The theatre owners of North and South Carolina will hold their annual con- vention here Dec. 7 and 8, according to Mrs. Pauline Griffith, secretary. The Hotel Charlotte will be head- quarters. Warners to Screen Shorts Next Week Warners will hold the second short subject trade screening next week at the company's exchanges throughout the country. The time and place of the screening of the seven new short subjects will be set by each branch manager. Former Exhibitor Dies Mobile, Ala., Oct. 20.— Walter Davis, formerly with the Randolph Theatre, in Randolph, N. Y., and be- fore that with Famous Players Ca- nadian Corp., died at his home here. UA Closes Circuit Deals on New Film A number of circuit deals have bee 1 closed for the entire United Artisl1 release schedule for the new seasoi' Harry L. Gold, vice-president an] Eastern general sales manager, an nounced yesterday. The deals include: Century Circuit j Randforce Circuit and Skouras, i: New York ; Frank Durkee, Lou Rorm Graver, Gaertner, Bernheimer, Wildei Garman and Abe Lichtman circuits ii the Washington territory; Wilmer t Vincent in Washington and Philadel phia territories, and Affiliated, Varba low, Chamberlain, Boyd and Greenfieli circuits in the Philadelphia area. 20th-Fox Shifts Shea Joe Shea has been transferred fron the New England field exploitatioi department of 20th Century-Fox tc the home office publicity departmeni by A. M. Botsford, advertising anc jubhcity director. Ralph Stitt ha; taken Shea's place in New England. Charles Garfield Dead Charles Garfield, former manager of the Gem Theatre, Far Rockaway, L. 1^ and brother of Herman Gar- field, died last Wednesday, it was learned yesterday. 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, £\w York City. Telephone Circle 7-3100. Cable address, "Quigpubco, New York." Mar- tin Quigley, Editor-in-Chief and Publisher: Lolvin Brown, Vice-President and General Manager; Watterson R. Rothacker, Vice- President; Sam Shain, Editor; Alfred L. tinestone, Managing Editor: James A. cr°n. 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, Hone 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 Picture Almanac and Fame. En- tered as second class matter, Sept. 23, 1938. at the post office at New York N Y under the act of March 3, 1879. Subscrip- tion rates per year $6 in the Americas and $12 foreign. Single copies 10c. /Ihveseco Ah've seen DIVE-BOMBING STORKS BRING BABIES! Ah've seen BLACK CROWS CUT A RUG AND S Ah've seen A CIRCUS -TRAIN TALK AND BALK! Ah've seen A MOUSE THAT BULLIES PACHYDERMS! Ah've seen PINK ELEPHANTS PARADE AND DANCE! Ah've seen A BABY ELEPHANT FLY WITH HIS EARS! THE SCREEN'S GREATEST ADVENTURE IN ENCHANTMENT. . . More story, more thrills, novelties, heart-throbs, hilarity, suspense - more EVERYTHING to make the happy movie millions shout "THE BEST DISNEY WE'VE EVER SEEN!'' OPENING EXTENDED RUN ENGAGEMENT TOP TUNES including the country-sweeping "BABY MINE" "WHEN I SEE AN ELEPHANT FLY" "CASEY, JUNIOR" "LOOK OUT FOR MR. STORK" and "SONG OF THE ROUSTABOUTS" IS FOR DUMBO, THE BABY ELEPHANT WHOSE OVER. SIZE EARS ALWAYS GET HIM IN TROUBLE! I IS FOR THE UNIQUE CIRCUS-TRAIN EN- GINE, CASEY JUNIOR -THAT TALKS LIKE A HUMAN, BALKS LIKE A MULE! IS FOR TIMOTHY Q. MOUSE, DUMBO'S TINY BUDDY, BRAVER THAN ANY BEAST ALIVE! IS FOR THE 5 BLACK CROWS - SQUAWK- ING, RAUCOUS COMICS WHO TEACH DUMBO TO FLY BY FLAPPING HIS EARS! is for ORIGINALITY- as the one and ONLY DISNEY BRINGS IT IN SONGS, SUR- PRISE AND LAUGHTER! WALT DISNEY PRODUCTIONS IN TECHNICOLOR istributed by RKO RADIO Pictures Inc. besday, October 21. 1941 Motion Picture Daily Truth' Takes $8,400, Best Seattle Gross opera week Seattle, Oct. 20. — "Nothing but le Truth" took a strong $8,400 at the aramount. "Navy Blues" at the Or- jm was good for $7,500. The I her was colder and rainy. Open- of the Fall concert and iason offered competition. Estimated receipts for the tnding Oct. 10: Sun Valley Serenade" (20th- Fox) Broadway Limited" (U. A.) BI-l'E MOl'SE— (950) (30c-40c-50c-65c) 7 »s, 3rd week. Gross: $3,800. (Average, 4,000) Lady Be Good" (M-G-M) Dr. Kiklare's Wedding Day" (M-G-M) FIFTH AVEXL'E— (2,500) (30c -40c • 50c ■ :l 7 days. Gross: $6,900. (Average, - .100) Our Wife" (Col.) Harmon of Michigan" (Col.) LIBERTY — (1,800) (30c-40c-50c-65c) 7 avs. 2nd week. Gross: $4,600. (Average, i5,0CO) Hold Back the Dawn" (Para.) Ml'SlC BOX— (950) (30c-40c-50c-65c) 7 ia%s 2nd week. Moved from Fifth Avenue, liross: $3,700. (Average. $4,000) Navy Blues" (W. B.) Nine Lives Are Not Enough" (W. B.) ORPHEUM— (2,450) (30c-40c-50c) 7 davs. liross: $7,500. (Average, $6,000.) Doctors Don't Tell" (Rep.) 'Hurry, Charlie, Hurry" (RKO) PALOMAR— (1.500) (20c-30c-40c) £tage: Vaudeville. Gross: $5,000. gc $5,000) •Nothing But the Truth" (Para.) 'Henry Aldrich for President" (Para.) PARAMOUNT — (3.0501 (30c-40c-50c) Havs. Gross: $8,400. (Average. S6.000) days. (Aver- Foxes' Providence High in Good Week Providence, Oct. 20. — With the hree-day holiday weekend helping, ousiness was up generally. "The Lit- tle Foxes" and "Mexican Spitfire's 3aby" did $12,000 at the RKO-Albee tand "A Yank in the R. A. F." and ' 'Cracked Nuts" the same at the Majestic. Estimated receipts for the week ending Oct. 8-10: "The Little Foxes" (RKO) "Mexican Spitfire's Baby" (RKO) KKO-ALBEE— (2.239) (28c-39c-50c) 7 days. Gross: $12,000. (Average. $6,000) "Smilin' Through" (M-G-M) "Down in San Diego" (M-G-M) LOEWS STATE— (3.232) (28c-39c-50c) 7 Idavs. Gross: $14,000. (Average, $11,000) "A Yank in the RA.F." (20th-Fox) "Cracked Nuts" (Univ.) MAJESTIC— (2,250) (28c-39c-50c) 7 davs. I Gross: $12,000. (Average. $7,000) "New York Town" (Para.) "Flying Blind" (Para.) STRAND— (2,200) (28c-39c-50c) 7 davs. Gross: $8,000. (Average, $6,000) "Private Nurse" (20th-Fox) FAY'S — (1,800) (20c-33c-44c) 7 days. St;ige show with Lya Lys: Joe Termini: Al Jahns and Orchestra: Lester Oman and Company: Bob King; Danny Drayson: Mile. Vonnia; and Ford, Bowie and Daly. Gross: $6,500. (Average. S5.000) The Great Train Robbery" (Rep.) | .METROPOLITAN — (3.045) (30c-39c-55c) • 3 days. Stage show with Carl Hoff and Orchestra; Tonv Russell and the Murphv M-ters; Lou Holtz; Ruth Terry. Erik Rhodes; and the Billingtons. Gross: $5,200. (Average. $5,000) "Forty Thousand Horsemen" (Krellberg) "Dangerous Lady" (P. R- C.) PLAYHOUSE— (1.378) (28c-44c) 7 days. Gross: $2,600. (Average. $2,500) "Honky-Tonk" (M-G-M) "Niagara Falls" (U. A.) CARLTOX— (1.526) (28c-39c-50c) 7 days. 3rd week. Gross: $4,000. (Average. S3.500) Here Comes Mr. Jordan" (Col.) (3 days) "Dressed to Kill" (20th-Fox) (3 days) "When Ladies Meet" (M-G-M) (4 days) 'Dr. Kildare's Wedcing Day" (M-G-M) (4 days) EMPIRE-O.200) (20c-28c) 2nd run. Cross: S1.900. (Average. S1.700) Reviews "South of Tahiti" (Universal) Hollyivood, Oct. 20 HP HE names of Brian Donlevy, Broderick Crawford and Andy Devine, ■■■ plus the adventuresome ring of the title, are the principal assets made available to showmen in this venture. The three performers named above provide some characteristic enter- tainment as three sailors who find themselves on an idylic island where pearls are as common as peanuts and tigers behave like house pets. It is for laughs and laughs of an indulgent variety that the picture is played. On the feminine side are seen Maria Montez and Armida as native girls in the sarong tradition, supplying some eye appeal. Henry YYilcoxon, H. B. Warner, Abner Biberman, Ignacio Saenz and Frank Lackteen are also present, and there are a lot of atmosphere players to fill out the crevices in a story that contains some gag situa- tions which momentarily amuse and some dialogue cracks that spark an audience. George YYaggner is down as associate producer and director, and also as having written the lyrics for the single song number, a multiplicity of credits which may account for his having been kept perhaps too busy to attend to each of his chores as successfully as he might have if concentrating his effort. Running time, 75 minutes. "G"* Roscoe Williams "Gauchos of Eldorado" (RcpiMic) '""THIS is a well-made film that has plenty of riding and shooting plus *■ more plot than usual for the series western. The Three Mesquiteers, Bob Steele, Tom Tyler and Rufe Davis, try to help Duncan Renaldo, who is on the way to see his long-lost mother to give her $5,000 needed to pay the mortgage. But he is killed by his former comrades, members of a bandit gang which is trying also to get the ranch because it has deposits of bauxite ore. When the Mesquiteers reach the ranch, the mother believes that Steele is her son. The banker refuses to take the $5,000 as payment for the mortgage after discovering that the money had been stolen. The banker and the gang leader form a partnership to get the ranch. A little boy, the son of the dead man, is held for $10,000 ransom, the reward which the Mesquiteers received. All the gang is finally captured, the boy restored to his grandmother, and the mortgage paid. Les Orlebeck's direction holds interest and keeps the action moving even though the plot is involved at times. Louis Gray was the associate producer. The cast also includes Lois Collier, Rosina Galli, Norman Willis, W illiam Ruhl and Tony Roux. Running time, 56 minutes. "G"* M. Q. Jr. *"G" denotes general classification. 'York' Kansas City Hit, Pulling $12,500 Kansas City, Oct. 20. — "Sergeant York" drew a smash $12,500 at the Orpheum, while "Honky Tonk" was strong at the Midland on a dual with $15,000. The tornado which struck the city hurt grosses during the week. Estimated receipts for the week ending Oct. 8-10. "A Yank in the R.A.F." (2OTh-Fox) ESQUIRE— (800) (30c-44c) 7 days. $4,000. (Average, $2,200) "Honky Tonk" (M G-M) "Mystery Ship" (Col.) MIDLAXD — (3.600) (28c-44c) 7 Gross: $15,000. (Average. $8,500) "Hold Back the Dawn" (Para.) XEWMAX— (1.900) (28c-44c) 7 Gross: $6,500. (Average. $7,000) "Sergeant York" (W. B.) ORPHEUM— (1,900) (40c-55c) Gross: $12,500. (Average, $5,000) "Great Guns" (20th-Fox) TOWER— (2,200) (30c) 7 days Smith. Rogers & Eddy: Tom Swift; Ber nard and Jenson. Emil and Evelyn, etc. Gross: $6,500. (Average. $6,000 ) "A Yank in the R.A.F." (ZOth-Fox) UPTOWN— (2,000) (30c-44c) 7 days. Gross: $5,500. (Average, $4,000) Gross: days. days 7 days. Stage: Adds Upstate House Albany, Oct. 20.— The Harry La- mont Circuit, Albany, has added the Bradley Theatre, Fort Edward, N. Y., to the circuit. 'York' Gets Record $31,200, Pittsburgh Pittsburgh, Oct. 20. — Despite un- seasonally warm weather and a city- wide hotel strike that caused cancel- lation of conventions and the like, "Sergeant York" set a new record for Loew's Penn on pictures only, with $31,200. "Belle Starr" pulled $5,100 for the Fulton. Estimated receipts for the week ending Oct. 9 : "Belle Starr" (20th-Fox) FULTON— (1,700) (30c-50c) 7 days. Gross: $5,100. (Average, $5,000) "Sergeant York" (W. B.) LOEW'S PENN— (3,400) (44c-66c) 7 days. Gross: $31,200. (Average, $13,000) "Lydia" (U. A.) RITZ— (800) (28c-39c-55c) 7 days, 2nd week. Gross: $2,500. (Average, $3,000) "Here Comes Mr. Jordan" (Col.) SENATOR— (1,800) (28c-39c-55c) 7 days, 3rd week. Gross: $5,100) "International Squadron" (W. B.) STAX LEY — (3.600) (28c -44c -66c). On stage: Tony Pastor's orchestra, Evelyn Farney, the Maxellos. Gross: $16,000. (Average, $18,000) "World rVemiere" (Para.) "Down San Diego Way" (M-G-M) WARXER — (2,000) (28c-44c) 7 days. Gross: 53,500. (Average, $5,000) 'Foxes' a Big Los Angeles Hit, $29,000 Los Angeles, Oct. 20.— "The Little Foxes" and "Sing Another Chorus" scored $29,000 at two houses, with $14,500 at the Hillstreet and the same at the Pantages. "Honky Tonk" and "All-American Co-Ed" also was strong at the Chinese and Loew's State. Estimated receipts for the week ending Oct. 1 5 : "Honky Tonk" (M-G-M) "All -American Cc Ed" (U. A.) CHINESE— (2,500) (33c -44c -55c -75c) 7 days. "Co-ed" afternoons only. Gross: $17,000. (Average, $12,000) "Fantasia" (Disney) CARTHAY CIRCLE— (1,518) (55c-$1.65) 7 days, 37th week. Gross: $5,500. (Average, $17 000) "Yank in the R.A.F." (20th-Fox) 4 STAR— (900) (44c-55c) 7 days, 3rd week. Gross: $4,300. (Average, $3,250) "The Little Foxes'' (RKO) "Sing Another Chorus" (Univ.) HILLSTREET— (2,700) (33c -44c -55c -75c) 7 days. Gross: $14,500. (Average, $6,500) "Honky Tonk" (M-G-M) "AD American Co-Ed" (U. A.) LOEW'S STATE — (2,700) (33c-44c-55c-75c) 7 days. Gross: $19,500. (Average, $14,000) "The Little Foxes" (RKO) "Sing Another Chorus" (Univ.) PAXTAGES — (3,000) (33c-44c-55c-75c) 7 days. Gross: $14,500. (Average, $7,000) "Hold Back the Dawn" (Para.) "Buy Me That Town" (Para.) PARAMOUNT — (3,595) (33c-44c-55c-75c) 7 days, "Dawn." 2nd week. Stage: "Stars of Pomona Fair." Gross: $15,400. (Aver- age, $18,000) "Sergeant York" (W. B.) WARXER BROS. (HOLLYWOOD) — (3,000) (33c-44c-55c-75c) 7 days, 4th week. Gross: $11,100. (Average, $14,000) "Sergeant York" (W. B.) WARXER BROS. (DOWXTOWX) — (3,400) (33c-44c-55c-75c) 7 days. 4th week. Gross: $13,100. (Average, $12,000) 'Dawn' With $9,000 Leads Minneapolis Minneapolis, Oct. 20.— "Hold Back the Dawn" attracted a strong $9,000 at the State, while "You'll Never Get Rich" drew $8,000 at the Orpheum. Estimated receipts for the week end- ing Oct. 8-9 : "Hold Back the Dawn" (Para.) STATE— (2,300) (28c-39c-44c) 7 Gross: $9,000. (Average, $6,000) "Here Comes Mr. Jordan" (Col.) WORLD— (350) (28c-39c-44c-55c) 7 3rd week. Gross: $2,100. (Average, $1,600) "Dr. Jekyll and Mr. Hyde" (M-G-M) CEXTURY— (1,600) (28c-39c-44c) 7 days. 2nd week. Gross: $4,900. (Average, $4,000) "World Premiere" (Para.) GOPHER— (998) (28c) 5 days. Gross: SI. 900. (Average, $2,500) "You'll Never Get Rich" (RKO) ORPHEUM— (2,800) (28c-39c-44c) 7 days. Gross: $8,000. (Average. $5,500) "Highway West" (W. B.) 2 days "Tight Shoes" (Univ.) 2 days "Mystery Ship" (Col.) 5 days "Hurry, Charlie, Hurry" (RKO) 5 days ASTER— (900) (17c-28c) 7 days. Gross: $2,000. (Average, $1,800) days days. Comforts of Home Charlotte, N. C, Oct. 20 C to the issuance of the complaints was con- ducted by Lynch's office and that of Thomas J. Gibbons, Ramsey County sheriff, after the companies were warned they would be prosecuted if they sold pictures under any system other than that prescribed by the state law, which calls for the offering of an entire season's output with the can- cellation privilege. Although distribution branch offices here indicated that they were aware the complaints were in preparation, news of their issuance apparently was a complete surprise to local exhibitors, including Northwest Allied officials who sponsored the state law. Fred Strom, secretary of Northwest Allied, said the organization had no knowl- edge of Lynch's plans. He said a meeting of the executive and legisla- tive committees would be called within a day or two to discuss the situation. Allied Will Decide on Unity Plan Tomorrow (Continued from page 1) meeting in the afternoon will be ad- dressed by H. M. Richey of M-G-M. A party will be held tomorrow night in the Marine Room. A closed ses- sion and the election of officers is scheduled for Wednesday afternoon, followed by an open meeting which will conclude the convention. Freeze Salaries of Employes in Canada (Continued from page 1) no longer be effective because wages will continue on a standard basis. Overtime pay and wage increases for promoted employes will be allowed and a wage earner will not be prevented from changing his employment to im- prove his position. Premiere for Navy Proceeds of the opening of "How Green Was My Valley" at the Broad- way Rivoli on Oct. 28 will go to the Navy Relief Society. High ranking naval officers are expected to attend. Tuesday. October 21, 1941 Motion Picture Daily 11 WB Paid Bioff |&100,000 Cash, Jury Is Told (Continued from patie 1) the same grounds have been brought. Both Warner executives testified |t they feared the consequences to _ .ir business if they refused the pay- ments and the Warner president stated |;hat he was in fear of bodily harm as well. The testimony set forth that Bioff was making his collections on ixhalf of other persons. Albert Warner started the day with i description of how Bioff came to lis office shortly after the basic pact meetings in April, 1936. Warner, who aid he was substituting for his brother at the meetings, told of a previous conversation with Nicholas |M. Schenck, president of Loew's, and 'that he knew the purpose of Bioff's visit when the latter came to his office. 'Peanuts,' Said Bioff Warner said he told Bioff that he o uld not raise $50,000 in cash and •cttered payments of $10,000 but that Bioff protested that it would be "pea- inuts" by the time "it was split among the boys." However, the arrange- ' n.ent for partial payments was effected. Warner said, and Samuel Carlisle, Warner comptroller, was instructed to raise the funds through expense vouch- ; ers. In May, 1936, Warner said, he obtained $10,000 in cash from Carlisle, placed it in an envelope and told Bioff to pick up the envelope from the sec- retary's desk as he left the office. Additional sums of $10,000 each were given in the same manner in August and December of the same year and the next February Carlisle was instructed to give Bioff $20,000, Warner testified. Wanted $50,000 .More Warner stated that he protested when Bioff asked for an additional £50,000 in April, 1937, but that he was compelled to accede. The same procedure was followed at that time \ as for the first payments and again . in May or June, 1937, except that the • amounts paid were $15,000 each. Browne was present during one of the - payments, Warner declared. He said that the company was in "bad finan- j eial shape" at the time, having lost , $30,000,000 during four years of the depression and that he had no choice but to yield. Felt Responsibility Under cross-examination, by George i Breslin, Bioff's attorney, Warner told how Schenck had advised him of the necessity of making the $50,000 pay- ments. At first he demurred, War- ner said, pointing out that he could not take the responsibility with Harry Warner in Europe. "I took the responsibility for my company and you'll have to take it for yours," was Schenck's response, ac- cording to Warner. He testified that he did not tell his brother until the end of 1936 and when Harry Warner asked the reason for the delay, explained that he did not wish to add to his existing troubles. He testified that he found the whole proceeding "obnoxious" Mutual Defends FCC Regulations Defending the recent FCC network monopoly regulations, Fred Weber, Mutual general manager, yesterday declared that "Mutual expresses con- fident and unreserved belief that the revised regulations will not only not have the harmful effects ascribed to them, but will benefit the radio in- dustry, the public and the advertiser." Weber warned network affiliated stations to refrain "from any commit- ments which will bind them to a course of action inconsistent with the regulations after Nov. 15 (the effec- tive date) including the exercise by networks of their existing 28-day op- tions." He said that since less than 28 days will elapse by Nov. 15, "sta- tions may rightly abide by this prin- ciple effective immediately." This statement was contained in a 20-page brochure titled, "Mutual's Second White Paper," and was sign- ed by Weber and approved by W. E. Macfarlane, president, and Alfred J. McCosker, chairman of the board. W eber hailed the new regulations as inaugurating "an area of fair and equal competition so that in the future the success of a network will depend not on artificial restraints and un- reasonable control over station in- dependence but on its ability to furn- ish superior service to its affiliate sta- tions, to the public and to the ad- vertiser." and denied that he had social dealings with Bioff but added that he did not tell Government authorities about the proceed- ings because "I was very much scared." The Warner president took the stand late in the afternoon to tell how he had first learned of the situation. He had a voucher issued for $7,5000 to P. A. Chase, the West Coast comp- troller, who sent the cash by express to Carlisle. The voucher set forth that it was on account of Christmas presents. The Boys' After Bioff In November, 1937, Warner said, he was visited by Bioff who pointed out that there had been a one-day strike at Columbia and that Warners had not paid the additional $20,000. Bioff said that the "boys are after him for it," Warner continued, and that the people in Chicago got most of it. Warner said he didn't make the pay- ment until December, 1937, when Bioff protested that his people needed the money for Christmas. He said he is- sued a voucher for $5,000 marked for "sundry Christmas donations" and took an additional $2,500 from the petty cash account but when he gave it to Bioff the latter said it was "chicken feed." Bioff refused to take the money in Warner"s office and in- sisted on taking it outside, the witness said. Bioff called again the day after New Year's and was given an addi- tional $12,500 made up from a $10,- 000 voucher and $5,000 received in cash by express from Carlisle, he tes- tified. Of the latter amount, $2,500 was returned to the petty cash ac- count, Warner declared. Asked why he made the pay- ments, Warner responded: "I was scared that several things would happen. One, that he would close up the business. Commercials Show NBC -Blue Increase An increase of 27.8 per cent in the number of station-hours sponsored over NBC-Blue this year over the same period in 1940 was reported yesterday by Edgar H. Kobak, vice- president in charge of NBC-Blue sales. Kobak stated that this year s total was 1.443 as against 1,131 in 1940 and that the average of stations used per pro- gram is 57 this year, compared with 38 last year. New accounts on the network total 22, as compared with 10 in 1940, Kobak said. Two, I was afraid of bodily harm." Cross-examination by Breslin cen- tered about social relationships be- tween the witness and Bioff. Warner said he had never met Bioff before the demand for the money and denied any social relationships. He admitted that the foreman of his ranch had purchased alfalfa from Bioff but said this was purely a routine matter as was another favor extended by the foreman. Bioff and Mrs. Bioff were guests at the ranch one evening to see a film Warner thought he should see, according to the testimony, but there were no other social visits. New Toledo House Opens Toledo, O., Oct. 20.— The Colony, new local house, has opened. Costing an estimated $350,000 the theatre seats 1,800. Free Admission for Service Men in S. D. Sioux Falls, S. D , Oct. 20.— Theatre managers here, as well as managers at Aber- deen, Mitchell and Madison, are cooperating in a new plan to give courtesy passes for service men. Soldiers and sailors are ad- mitted free to theatres, foot- ball games, bowling alleys and ballrooms upon showing the passes, which are issued by the Junior Chamber of Com- merce. The free admission includes two persons. FCC Power Will Be Defined in New Law Washington, Oct. 20. — Legislation revising the Communications Act to define more clearly the powers and the limitations on the authority of the FCC will be taken up in Congress for consideration almost immediately fol- lowing the opening of the new session in January. Decision to defer the legislation un- til next year was reached at a meet- ing of the House Interstate Commerce Committee, which agreed to call hearings on the subject sometime after Jan. 15. Legislation modernizing the Com- munications Act is pending in botli House and Senate, with interest re- vived by the new network regulations issued some days ago by the com- mission and the announced intention of CBS and NBC to contest them. GENE AUTRY • SMILEY BURNETTE fay Mckenzie • harold huber • Sidney blackmer Director— JOSEPH SANTLEY • Screen play by Olive Cooper ond Albert Duffy Based on a story by Dorrell ond Stuart McCowan A REPUBLIC PICTURE ASK YOURSELF THIS QUESTION: J* #i- »ote f • Theatre managers who have adopted High Intensity projection know that the increased screen light means IMPROVED PICTURE QUALITY BETTER AUDIENCE RESPONSE INCREASED ATTENDANCE MORE PROFIT The new "One Kilowatt" High Intensity arcs supply 50 to 100 per cent more screen light than low intensity lamps at practically the same operating cost. Ini- tial cost is also low. Ask your dealer to give you the figures and a demonstration of this modern pro- jection light. y THE NEW "ONE KILOWATT" ARCS USE "NATIONAL," "SUPREX" AND "OROTIP" CARBONS 1881-1941 The sixty year record of "National" carbons is one of steady progress and improvement. Further progress and continued leadership in the Motion Picture Indus- try are assured by constant research and an intensive development program. The words "National, " "Suprex" and "Orotip" are trade-marks of National Carbon Company, Inc. r NATIONAL CARBON COMPANY, INC. Unit of Union Carbide and Carbon Corporation LTHB 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 MOTION PICTURE DAILY First in 50. NO. 80 NEW YORK, U.S.A., WEDNESDAY, OCTOBER 22, 1941 TEN CENTS orced to Be riendly with Biof f : Warner ustin Keough to Testify At U. S. Trial Today I considered Mr. Bioff a man .10 shook our company down for 100,000. For the power that he d — as a matter of good business — the surface at least — I had to on good relations with him." In those words, Harry M. War- r. president of Warner Bros., plained in Federal Court yester- y during the trial of William A0t( and George E. Browne, why maintained a friendly relation- iip with Bioff. Warner continued, however, with a cital of how he took precautions rainst bodily harm when he was try- g to delay an answer to Bioff's mand for $20,000. This, according Warner, took place immediately (Continued on pane 13) v .B.AppealsNewark Lward on Clearance Warners and the Stanley Co. yes- •rday filed a notice of appeal to the ational appeals board from the arbi- | -ation award in the Paustan Enter- rises clearance case at the New York oard. The appeal is the 16th to be ded. Paustan, operating the West End '"heatre. Newark, on Oct. 1 received u award reducing the clearance over held by the Ritz and Broadway, (Continued on page 14) 15 Pa. Towns to Vote On Sunday Pictures Philadelphia, Oct. 21.— The Sunday film question will be decided in only 15 communi- ties in Pennsylvania at the Nov. 4 election. Rules for the referendum were changed at the last session of legisla- ture with the result that 20 per cent of the electorate vote is required to file a petition, which accounts for the small number of towns bringing the matter to the voters this year. Previously, only five per cent of the registered voters were required to file a petition. United Front, Taxes Are Major Issues, Myers Tells AMPTO By MORT FRANK Pittsburgh, Oct. 21. — Three major issues face exhibitors between now and next June, the deadline for con- tinuing the industry consent decree. Abram F. Myers, chairman and gen- eral counsel of Allied States, told the Allied M. P. T. O. of Western Penn- sylvania in convention here today. These issues, he said, are: "1. Shall we unite all trade organizations on a common front for solving problems ai Hng from the consent decree? 2. Should the influence of organizations such as Allied be exerted toward con- ferring with the distributors on new selling methods ? 3. Taxation." Myers also held that "this seems to b ■ the pattern for the future conduct of exhibitor organizations : they can justify their existence if they can save exhibitors from excessive taxation, if (Continued on pope 13) Kosiner Named Aide To Haskell Masters Harry Kosiner, Eastern representa- tive for Walter Wanger for many years, has been appointed executive as- sistant to Haskell M. Masters. United Artists Western sales manager. Kosiner will assume his new posi- tion on Nov. 15, when Wanger's New York office will be closed. Skouras, Century Extend Pooling Deal A 17-year extension of the existing pooling arrangement involving approximately 20 Century Circuit houses, most- ly on Long Island, with a com- parable number of Skouras Theatres houses has been closed, it was learned yester- day. The current arrange- ment has nearly three years to run. The renewal agree- ment extends the arrange- ment for another 20 years. Delay Decision on UA President Until Meetings on Coast Selection of a president for United Artists will not be made bv the com- pany's owners for some time, it was learned yesterday from official sources. The selection will be made in the course of meetings to be held on the Coast following the return to Holly- wood of Mary Pickford and David O. Selznick in about a week. The meetings, originally scheduled to be held here, have been called off due to the inability of Charles Chaplin to come East for the sessions and owing to Alexander Korda's produc- (Continucd on page 14) Critics on Coast Upset Press Previewing Rules By ROSCOE WILLIAMS Hollywood, Oct. 21. — Uncertain whether to be angered or amused, but deciding by nightfall in favor of the latter, Hollywood's 300 resident correspondents awoke this morning to discover that Edwin Schallert and Virginia Wright, motion picture editors of the Los Angeles Times and Los Angeles News, respectively, had reviewed "How Green Was My Valley," 20th Century-Fox picture, in today's editions, although the film is not scheduled for trade showing until Oct. 28. Disbelieving their eyes they read and re-read the Schallert explanation that his 250-word hymn of praise and prediction for the picture was "in no sense a preview of the picture." Ditto Miss Wright's concluding remark, ending a 250-word rhapsody describ- ing the film as "undisputed contestant for the Academy award this year," (Continued on page 3) Arthur Not to Drop Triples in St. Louis St. Louis, Oct. 21. — Harry C. Arthur, Jr., vice-president of Fanchon & Marco, has said here that he has no intention of discontinuing triple fea- tures, used in several of the neigh- borhood houses F & M operates for the St. Louis Amusement Co. Arthur likened triple bills to large Sunday newspapers and said patrons may see as much of the program as they like. He declared triples have been popular here. To Ask Arnold Appearance in Senate Probe Committee Will Decide on Hearings Next Week By BERTRAM F. LINZ Washington, Oct. 21. — Assis- tant Attorney General Thurman Arnold will be invited to appear be- fore the Sen- ate propa- ganda investi- g a t i o n sub- committee when hearings are resumed early next month, it was disclosed to- day by Chair- man D. Worth Clark of Ida- ho. Clark said he intended to call his group t o g e t h er as soon as Senator Tobey of New (.Continued on page 14) Thurman Arnold Fox Sentenced to One Year in Prison Philadelphia, Oct. 21. — William Fox, motion picture pioneer and star witness for the Government in the conspiracy trials of Federal Judge J. Warren Davis, was sentenced today to serve a year and a day in Federal prison and was fined $3,000 for con- spiracy to obstruct justice and defraud the Government during his bankruptcy. Martin Littleton, attorney for Fox, (Continued on page 14) Donovan Reports on Propaganda Abroad Washington, Oct. 21.— Col. William J. Donovan, Coordi- nator of Information, today made a first-hand report to President Roosevelt on the European propaganda situa- tion. As Coordinator of In- formation, he has for some weeks been engaged in an exhaustive study of Nazi- Fascist propaganda directed at the United States by radio, press reports, motion pictures and other media. Motion Picture^ Daily Wednesday, October 22, 19 Coast Flashes Hollywood, Oct. 21 GEORGE J. SCHAEFER, presi- dent of RKO, is expected to fly back to New York today in order to be on hand for home office conferences tomorrow. • Merchandising plans for "Sullivan's Travels," "The Remarkable Andrew" and "The Great Man's Lady" were discussed today by Paramount execu- tives at the final session of a field ex- ploitation men's meeting at the Hotel Ambassador. The field men left for their posts tonight. Darryl F. Zanuck plans to leave Sunday by American Airlines for New York to attend the opening of "How Green Was My Valley." It is expected also that Zanuck will testify in the Browne-Bioff trial. Cary Grant will be starred with Ginger Rogers in RKO's "Arms and the Man" to be produced by Gabriel Pascal, it was announced today. Os- car Straus has been signed to com- pose the music. The Grant-Rogers deals are apart from the former's commitment for one picture and the latter's for two at RKO. Bette Davis flew today to Minne- apolis, where her husband, Arthur Fapfisworth is reported critically ill of pndfimonia. Personal Mention WATTERSON ROTHACKER, Hollywood vice-president of Quigley Publications, is in town from the Coast. • Jules Lapidus, Universal district manager, left yesterday for Boston, and is due back on Thursday. • Norman Lewis, Philadelphia ex- hibitor, is recuperating at his home after a recent illness. • Chauncey B. Nelson, personnel director of Fanchon & Marco in St. Louis, has taken a leave of absence to direct Berkeley Hall, prep school at Beverly Hills, Cal. He will return to his post next July 1. • Herman Schuster, former operator of the Grant, Philadelphia, will move to Miami. • Joseph Phillips, assistant at the Strand in Scranton, has been drafted. WALTER WANGER has post- poned his planned trip to Eng- land and is remaining in New York. • David Weinstein, manager of the Cedar, and Robert Zimmerman, man- ager of the 56th St-, Philadelphia, have been appointed sector wardens in con- junction with civilian defense. • Irving Cohen, Paramount home of- fice attorney, left for Detroit yester- day. • Stanley J. Mayer, 20th Century- Fox exchange manager in Des Moines, has returned to his office after a brief illness. • Samuel Gross, 20th Century-Fox Philadelphia branch manager, will lead the Red Cross drive there this year. • Harold Weisenthal, Universal booker in Philadelphia, recently be- came the father of a daughter. Moneyhun Is Named Botsford's Assistant Frank Moneyhun yesterday was ap- pointed executive assistant to A. M. Eotsford, director of advertising and publicity of 20th Century-Fox. Money- hun joined the advertising department of the company in January, 1939, and has been handling pressbook, coopera- tive and national magazine advertising. He has been in theatre work since 1922, when he was assistant advertis- ing manager of the Orpheum Circuit. 5 \J COOL, COMFORTABLE WAYS TO GO TO Los Angeles (Two Sections) THE SOUTHERNER 1HE SUN COUNTRY SPEOM Los Angeles • 11:15 P111 8:24 am 3-.12 pi° 6:45 am 4:41 pm 12:45 am Terminal, «u ,MM^/wm0$^^^ AMERICAN AIRLINES JW. ROUTE OF THE FLAGSHIPS 'Love on the Dole* Acquired by U. A. "Love on the Dole" has been sold to United Artists for U. S. and Latin American distribution by Lou Jackson, head of Anglo-American Pictures, London. The deal is the second to be closed by the two, the U. S. and Latin Amer- ican rights to "Pimpernel Smith" hav- ing been sold to United Artists earlier. Canadian distribution rights to the pic- tures are not included. These rights will be turned over to the new Cana- dian company which Jackson is form- ing in association with N. L. Nathan- 1,000 Attend Annual Boston Film Frolic Boston, Oct. 21.— Close to 1,000 persons were in attendance at the an- nual Motion Picture Frolic held at the Hotel Bradford last night. The evening program included en- tertainers from the various night clubs and Vaughn Munroe and his orchestra who played for dancing. Jack Martin was general chairman of the commit- tee in charge which included Clara Decone, Lorretta Duffy, Alvin Fucillo, Bertha Harris, Elmer Foster, Matthew Moriarty, Michael Hochberg, Samuel Eisenberg and Joe Barrilla. St. Louis Bill to Tax Grosses Is Killed St. Louis, Oct. 21. — A bill provid- ing for a one per cent tax on gross receipts of theatres in St. Louis was killed by the Legislative Committee of the Board of Aldermen by a unani- mous vote. In Canada Circuit Post Toronto, Oct. 21. — Meyer Axler, secretary of the Independent Theatres Association of Ontario and official of the Exhibitors Booking Association, has been appointed director of the maintenance and purchasing depart- ment of 20th Century Theatres, a sub- sidiary of Famous Players Canadian Corp. Newsreel Parade 7 HE newsreels in the midweek \ sues concentrate on U. S. ope A Hons in guarding Iceland, and on A actions to the damage to a U. S. ct stroyer by a Nasi submarine. On t home front, the visit here of the Dv and Duchess of Windsor and i\ leading football games capture att?\ Hon. The contents: MOVIETONE NEWS, No. 13— U. S. djj fense convoy arrives to guard Iceland. Ne' of the war in England. Prisoner exchan halted. U-boat captured by plane in t Atlantic. New hurricane fighter plane prov power. Skating fashions. The aircraft ca !f rier Hornet commissioned at Norfolk. Nav | Cornell, Penn-Princton football. NEWS OF THE DAY, No. 211— Keari? torpedoing stirs Navy ; Knox lauds he ' I victims. At sea with U. S. convoy troo guarding Iceland. Prisoner exchange stoppe ;j R. A. F. blast German warship. Navy-Co ' nell, Georgia-Columbia football games. PARAMOUNT NEWS, No. 16— 21 U. J sailors casualties on torpedoed Kearny. Co | gress acts, as Republican Senators urge r peal of Neutrality act. American convoy i route to Iceland, and German Navy films U-boat in action. Marines and U. S. Am forces on duty in Iceland. Windsors vis1 Naval Academy; Duke inspects C. C. C, tours Manhattan. Navy-Cornell, Michigai Northwestern, Princeton-Pennsylvania foo ball games. RKO PATHE NEWS, No. 16— Carri(| Hornet ready for U. S. Navy. U. S. forc< guard Iceland base. Windsors here on N. V visit. Shipyards at Newport News, Va., an ; Portsmouth, N. H., rush new battleship U. S. and Britain launch new planes. Brill ish-Nazi prisoners' swap fails. Girdiro, highlights of Michigan-Northwestern, Navy' Cornell games. UNIVERSAL NEWSREEL, No. 25— Cor, voy to Iceland. On the war front — repatri ated prisoners, the Sterling bomber, Britis hurricanes, captured U-boat. Justices visi White House. Windsors in N. Y. Footba highlights — Georgia -Columbia in N. Y.l Navy-Cornell in Baltimore; Michigan Northwestern in Evanston, 111. Newsdealer Strike Settlement Reachet Settlement of the controversy be tween eight daily newspapers an< Manhattan newsdealers, which kep those papers off most newsstands it the city for more than a week, war announced yesterday afternoon by Mayor F. H. LaGuardia. The sale o papers was resumed immediately. / compromise was reached, and after e three-day recess negotiations are to bi resumed to settle final details. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday anc 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 Unior 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 Picture Almanac and Fame. En- tered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscrip- tion rates per year $6 in the Americas and $12 foreign. Single copies 10c. Wednesday. October 22, 1941 Motion Picture Daily 3 Review "Two-Faced Woman" (M-G-M) HP HE millions of Garbo fans, remembering "Ninotchka" and her earlier triumphs, will make a ready-made audience for "The Two- Faced Woman," and showmen may assure their customers that they will not be disappointed. The vehicle for Miss Garbo's splendid performance is another of those which appear to get by through the expedient of having the man and woman married in the first reel. However, this film has its own particu- lar variations of that basic idea and perhaps may also be criticized be- cause the husband knowingly makes passionate love to the person he thinks is his own wife's sister. Of course this means that this is no picture for the children. The story opens with Melvyn Douglas vacationing at a mountain resort where he takes a lesson in skiing from Garbo. They fall in love and are married immediately. But then the husband is called back to his work in New York by Roland Young, his partner, and Ruth Gordon, his secretary. He soon forgets the natural, simple life which he had planned to live with the ski instructor. Garbo makes a secret trip to New York to surprise her husband but finds him making love to Con- stance Bennett, a writer. The ski instructor decides to pose as her own twin sister, but a sister of an entirely different character. The twin sister is an international vamp and sets out to make her husband's friends and himself fall in love with her. She puts over her "act" at a night club during a scene in which she dances. Her husband falls wildly and passionately in love with her, despite the fact that he thinks she is his wife's sister. Finally he goes back to the mountain resort where his wife has preceded him to ask for a divorce. There he learns that both wife and sister are the same person and he is content. The film was directed by George Cukor and produced by Gottfried Reinhardt with skill in each department. S. N. Behrman, Salka Viertel and George Oppenheimer wrote the original story. The cast also includes Robert Sterling and Frances Carson. Running time, 94 minutes. "A."* M. Q. Jr. *"A" denotes adult classification. Critics on Coast Upset Press Previewing Rules New Anderson Play Is Opening Tonight The new Maxwell Anderson play, "Candle in the Wind," staged by Alfred Lunt, and starring Helen Hayes, will open tonight at the Shubert Theatre. It is a presentation of the Theatre Guild and the Playwrights' Company. Ilicket Tax Total Is jl$6,444,950inSept. ! Washington, Oct. 21. — Federal ad- i lission tax collections in September * otaled $6,444,950, a drop of approxi- mately $890,000 from the August rev- nue of $7,330,284, but practically all i f the loss was experienced in the 1 riiird New York (Broadway) Dis- trict, where receipts fell from $1,590,- r i-84 to $739,831, it was reported to- light by the Internal Revenue Bureau. Despite the decline, bureau figures 1 lisclosed, the August collections were Nearly $600,000 above the $5,851,655 | eported for that month last year. For the first nine months of the vear, it was shown, collections aggre- gated $59,183,648 compared with $23,- ,1)76,747 in 1940, and for the first quar- :er of the fiscal year which began July I they totaled $20,536,095 against Jl 1,908,915 a year ago. Collections in the Broadway dis- trict fell off in all categories, the oureau reported, receipts from box- office sales dropping from $1,529,055 to $693,586 ; tickets sold by brokers from $6,385 to $3,964 ; tickets sold by pro- prietors in excess of the established price and permanent use or lease of boxes and seats from $10 and $150, respectively, to nothing, and admis- sions to roof gardens and cabarets from $54,984 to $42,281. 10 Million in Para. Debentures Issued Approximately $10,000,000 of Para- mount's new 4 per cent debentures due in 1956 were issued up to last night in exchange for the company's old 3% per cent convertible debentures and corporate notes, Stanton Griffis, chair- man of the executive committee an- nounced. The exchange offer expires Nov. 10 unless extended by the company. Para- mount has offered to exchange up to $20,000,000 of the new debentures for the old issue and the corporate notes in a move to replace all of its short term obligations with the new issue due in 1956. Rochester Using Defense Matinees Rochester, Oct. 21.— Four local Schine houses will launch "defense matinees" for children next Saturday, Bud Silverman, city manager, has an- nounced. First will be a "coat hanger ma- tinee," at which children bringing 25 coat hangers will receive free admis- sion. The stunt is scheduled for the Riviera, Madison, Monroe and State. 'Don Winslow' Premieres "Don Winslow of the Navy," Uni- versal serial, will be given premieres in six cities next Monday, "Navy Day," Bernard Kreisler, short sub- jects manager, announced yesterday. (Continued from page 1) which read: "Now that reviews of films are forbidden before their re- lease I am not permitted to go into detail about the virtues of the picture ; I can only say that it has a haunting beautv, infinite tenderness and the kind of realism that tears the heart." Things like this couldn't happen. Rules had been set up, implementing a resolution adopted by the MPTOA and concurrence in the same by the Association of Motion Picture Pro- ducers, against lay press reviewing of product prior to release date. First Breach of Rules Nobody had broken these rules up to now. So the correspondents hopped to their telephones and, in the course of a busy day, found out what had happened. Critics Schallert and Wright, among others, had been privileged to look at "How Green Was My Valley" in the studio projection room, not for re- view, and not as critics, but as per- sons known to be interested in fur- therance of the art of the cinema and, therefore, the kind of folk to whom a studio might show, on quite per- sonal basis, a film of which it was particularly proud. Critics Schallert and Wright just "didn't understand." RKO and Warners Set Trade Showings RKO and Warners yesterday an- nounced trade showings of new films. Warners will show "Target for To- night-' and "Blues in the Night" in all exchanges on Oct. 29. "Target for Tonight" already has been shown in New York. RKO will show its third block of five pictures, "Weekend for Three," "Obliging Young Lady," "A Date With a Falcon," "Four Jacks and a Jill" and "Playmates." The first two will be shown in all exchanges Nov. 3, with the exception of New York, where "Weekend for Three" will be shown tomorrow. The third and fourth will be shown Nov. 5 and the last named on Nov. 6. Open 'Blues' in 2 Cities The premiere of Paramount's "Birth of the Blues," starring Bing Crosby and Mary Martin, will be held in both Memphis and New Orleans on Oct. 31. The openings are set for the Mal- co in Memphis and the Saenger in New Orleans. Studios Have 37 New Films Now Shooting Hollywood, Oct. 21. — Thirty-seven pictures were before the cameras this week as 14 finished and nine started. Twenty-nine are being prepared and 85 are in the cutting rooms. The tally by studio: Columbia Finished : "Blondie Goes to Col- lege," "West of Tombstone." In Work : "The Lady is Willing," "Cadets on Parade." Goldwyn (RKO) Finished: "Ball of Fire." John Hall In Work : "The Captain of Koepe- nick." M-G-M Finished: "Miss Achilles' Heel." In Work : "Mr. and Mrs. Smith," "I Married An Angel," "We Were Dancing," "The Vanishing Virginian," untitled Dr. Kildare, "Steel Cavalry," "Johnny Eager," "Woman of the Year." Started: Young America sequel. Monogram ^ Finished: "I Killed That Man," "Double Trouble." Started: "Borrowed Hero." Producers Releasing Started: "Law of the Timber." Pressburger (U. A.) Finished: "The Shanghai Gesture." Paramount In Work: "Torpedo Boat," "The Lady Has Plans," "The Fleet's In." RKO In Work: "Sing Your Worries Away," "Joan of Paris," "Valley of the Sun." Started: "Syncopation," "Mexican Spitfire at Sea." Republic Finished: "Missouri Outlaw." In Work : "Lady for a Night," "Tuxedo Junction." Small (U. A.) In Work : "Heliotrope Harry," "Twin Beds." 20th Century-Fox Finished: "The Perfect Snob," "Castle in the Desert." In Work: "Remember the Day," "Son of Fury." Started: "Blue, White and Perfect," "On the Sunny Side." Universal Finished: "Dr. Rx," "North to the Klondike." In Work : "Fifty Million Nickels," "Keep 'Em Flying." Started : "Road Agent." Warners Finished: "The Man Who Came to Dinner," "You're in the Army Now." In Work: "Juke Girl," "Wild Bill Hickok Rides," "The Male Animal." Started: "Always in My Heart." Training Films Screened Films for training workers in de- fense industries, produced under the direction of Dr. John W. Studebaker, Commissioner of Education, were shown here privately yesterday. The showing was under the auspices of the educational committee of the National Foreign _ Trade Council. James Car- son, chairman, presided. her 26, 1941 slvvcovp otatec \540 fttoac noted ^^b^s teports of PlC' de PaPet '"f nictates on* Jftin* f seV- fot t^° V to V ebeen dect out nts ^ ^ {ot Wss the V- ls ne«- " do oo^— s tfceY thin V tt is {ait the tn attet ft\to aVthat^ on PlC thet too jtoss e*PetV ten^e Dvstttbut0t ^^ndtt^^eoutstan^ „, thatau ue tet Vtdste0^es ant o^ at that ahW anJa^odP'a nets at \thas fitbV v^ha t has Genetai M "Thanks, Mr. Baker, for permission to reproduce e^ibitors. Poilcy to the ALL FEMININE AMERICA WIL And they'll GO for Boyer till they': UNIVERSAL PICTURES presents BOYER - SULLAVAN APPOINTMENT FOR LOVE with Rita Johnson • Eugene Pallette • Ruth Terry • Reginald Denny J. M. Kerrigan • Cecil Kellaway • Roman Bohnen Directed by WILLIAM A. SEITER a BRUCE MANNING Production Associate Producer, Frank Shaw Screenplay, Bruce Manning • Felix Jackson Based on original story, "Heartbeat," by Ladislaus Bus-Fekete UNIVERSAL Picture Y-'UT'S GLOW, GIRLS! eked to the foy I i! iii SHE wanted the marriage to last! HE wanted it to begin! Nationally Released OCTOBER 31 8 Motion Picture daily Wednesday, October 22, 1941 Notes from Hollywood Hollywood, Oct. 21 WARNERS, in planning a remake of "Humoresque," the Fanny Hurst story, has purchased it from Cosmopolitan Production. Jack Saper and Jerry Wald will be co-producers. . . . Monogram has pur- chased "Mr. Drum Takes a Beating," original story by Edmund Kelso who is adapting it for the screen. . . . Dudley Nichols has started work on the polishing of the script of "For Whom the Bell Tolls," which was done by Louis Bromfield from Ernest Hemingway's novel. M-G-M has purchased "The Im- mortal Idler," original screenplay by Bruno Frank dealing with Rossini, famed Italian composer. . . . Mar- jorie Reynolds, J. Farrell Mac- Donald and Monte Blue have been signed for P.R.C's "Law of the Timber," based on a story by James Oliver Curwood. B. B. Ray pro- duces. . . . Nat W. Finston, music chief at M-G-M, is celebrating the start of his 25th year in films. . . . MacDonald Carey, stage star, gets star billings in "Dr. Broadway," at Paramount, in which he makes his film debut in the title rode. • • George Bancroft, Frank Jenks, Mona Barrie and Jessie Grayson are added members of the cast of RKO's "Syncopation," William Die- terle production. RKO has ac- quired "One Hour of Glory," Mary Roberts Rinehart story, as a vehi- cle for Thomas Mitchell. It was published in Good Housekeeping last year. . . . Robert Ellis and Helen Logan are writing the script of "Iceland," Sonja Henie's first pic- ture for 20th Century-Fox under her new contract. . . . Rowland V. Lee has been signed by RKO to direct "Powder Town," in which Victor McLaglen and Edmond O'Brien will have the principal leads. . . . Bryan Foy has taken over produc- tion reins on 20th Century-Fox' "Highway to Hell," which Robert Kane was to have produced. • • Carole Lombard will play op- posite Jack Benny in Alexander Korda-Ernst Lubitsch's "To Be or Not to Be" . . . Universal has loaned Broderick Crawford to Warners for "A Night Before Christmas" . . . M-G-M has pur- chased "White House Girl," original by Ruth Finney, for a Joseph Pasternak production. It deals with a White House tele- phone operator . . . Alan Baxter and Florence Rice head the cast of "Borrowed Hero," Collier's Magazine story, which is being directed by Lewis D. Collins at Monogram. • • Victor Schertzinger will direct "Road to Morocco," Bing Crosby- Bob Hope picture at Paramount. . . . That studio has purchased "Lady Bodyguard," original by Edward Haldeman. . . .Laraine Day will be starred in M-G-M's "China Caravan," to be produced by Sam Marx and George B. Seitz. Barry Nelson, a newcomer, will be teamed with her. . . . Robert Buckner's original, "Miss Willis Goes to War" will have Ann Sheridan, Olivia de Havtl- land, Brenda Marshall and pos- sibly Kay Francis as leads at Warners. 'Truth' Takes High $40,000 Chicago Lead Chicago, Oct. 21. — The Chicago Theatre, with "Nothing But The Truth" drew $40,000. The Palace, with "The Little Foxes" on a dual bill took $21,000. Estimated receipts for the week ending Oct. 16 : "Sun. Valley Serenade" (ZOth-Fox) APOLLO — (1,400) (30c-40c-59c) 7 days, 2nd week. Gross: $5,000. "Nothing But the Truth" (Para.) CHICAGO— (4,000) (35c-55c-75c) 7 days. Stage— Variety bill. Gross: $40,000. (Aver- age, $32,000) "Whistling in the Dark" (M-G-M) 2 days, 2nd week "Here Comes Mr. Jordan" (Col.) 5 days GARRICK— (1,000) (35c-55c-75c) 7 days. Gross: 5,000. (Average, $5,000) "Harmon of Michigan" (Col.) "Life Begins for Andy Hardy" (M-G-M) ORIENTAL— (3,200) (25c-40c) 7 days. Gross: $8,800. (Average, $9,000) "The Little Foxes" (RKO) "Mexican Spitfire's Baby" (RKO) PALACE— (2,500) (30c-40c-60c) 7 days. Gross: $21,000. (Average, $13,000) "Our Wife" (Col.) "Dressed to Kill" (20th-Fox) 6 days 'Week End in Havana" (20th-Fox) "The Smiling Ghost" (W. B.) 1 day ROOSEVELT — (1,500) (30c-40c-59c) 7 days. Gross: $12,000. (Average, $11,000) "Flying Blind" (Para.) STATE LAKE — (3,700) (25c -35c -40c -50c) 7 days. Stage — "Spices of 1941" Revue. Gross: $20,000. (Average. $14,000) "Here Comes Mr. Jordan" (Col.) 2 days, 3rd week "Dr. Jekyll and Mr. Hyde" (M-G-M) 5 days UNITED ARTISTS— (1,700) (30c-40c-59c) 7 days. Gross: $13,000. (Average, $14,000) 4 Yank' Captures $16,500, St. Louis St. Louis, Oct. 21.— "A Yank in the RAF" gave the Fox its best busi- ness in months, grossing $16,500. "Sergeant York" did $5,300 in its third week at the Missouri. Estimated receipts for the week end- ing Oct. 16 : "Lady Be Gocd" (M-G M) "Harmon of Michigan" (Col.) LOEWS— (3,162) (28c -39c -44c -56c) 7 days. Gross: $14,800. (Average, $13,000) "You'll Never Get Rich" (Col.) "Father Takes a Wife" (RKO) AMBASSADOR — (3,018) (30c-40c-50c) 6 days. Gross: $6,000. (Average, 7 days, $11,500) "A Yank in the R.A.F." (20th-Fox) "We Go Fast" (20th-Fox) FOX— (5,039) (30c-4Oc-50c) 7 clays. Gross: $16,500. (Average, $11,000) "Sergeant York" (W.B.) MISSOURI— (3,514) (40c-50c-60c) 7 days. 3rd week. Gross: $5,300. (Average, $4,000) "Belle Starr" (20th-Fox) "Smiling Ghost" (W.B.) ST. LOUIS — (4,000) (25c-35c) 7 days. Gross: $2,800. (Average, $2,600) 'Navy Blues' Omaha Leader with $8,100 Omaha, Oct. 21.— "Navy Blues" and "Flying Blind" took $8,100 at the Omaha in a week of generally good grosses. The weather was clear and cool. Estimated receipts for the week end- ing Oct. 14-15 : "You'll Never Get Rich" (Col.) "Harmon of Michigan" (Col.) BRAXDETS — (1.200) (30c-44c) 7 days. Gross: $4,600. (Average, $4,000) "Navy Blues" (W. B.) "Flyine Blind" (Para.) OMAHA— (2,000) (30c-44c) 7 days. Gross: s8.1C0. (Average, $6,000) "Married Bachelor" (M-G-M) ORPHEUM— (3,000) (40c-55c) 7 davs. Stage: Johnny Davis. Gross: $15,200. (Average. $14,500) 'Jekyll' Brings in $7,200, Milwaukee Milwaukee, Oct. 21. — "Dr. Jekyll and Mr. Hyde" and "A Very Young Lady," grossed $7,200 at Fox's Palace, "Lydia" and "Ice-Capades" at the Warner drew $6,500. Estimated receipts for the week end- ing Oct. 16 : "Dr. Jekyll and Mr. Hyde" (M-G-M) "A Very Young Lady" (2flth-Fox) PALACE — (2,400) (33c-44c-55c) 7 days. Gross: $7,200. (Average, $4,000) "When Ladies Meet" (M-G-M) "Our Wife" (Col.) STRAXD— (1,400) (44c-65c) 7 days, 2nd week. Gross: $2,000. (Average, $1,500) "Lydia" (U. A.) "Ice-Capades" (Rep.) WARXER— (2,400) (30c-40c-55c) 7 days. Gross: $6,500. (Average. $4,500) "A Yank in the R. A. F." (2»th-Fox) "We Go Fast" (20th-Fox) WISCOXSIN— (3,200) (33c-44c-55c) 7 dav 2nd week. Gross: $5,700. (Average, $5,500^ Edna Bartos Plans Painting Exhibition Edna Bartos, painter and wife of Lawrence H. Lipskin, of the advertis- ing department of Columbia, will have a "one-man" exhibition at the Bone- stell Gallery, on 57th Street, from Oct. 27 to Nov. 8. Lipskin helped to edit "They Taught Themselves," book on contemporary American primitive painters, by Sidney Janis, which the I Dial Press is publishing Nov. 1. 'Kid' and Heidt Are Hits in Kansas City Kansas City, Oct. 21.— "The Pitts- burgh Kid" with Horace Heidt on the stage, scored $15,500 at the Tower. "Honky Tonk" and "Mystery Ship" drew $9,500 at the Midland. Estimated receipts for the week ending Oct. 14-16: "A Yank in the R.A.F." (20th-Fox) ESOUIRE — (800) (30c-40c) 7 days, 2nd week. Gross: $3,000. (Average, $2,200) "Honky Tonk" (M-G-M) "Mystery Ship" Col.) MIDLAXD— (3,600) (28c-44c) 7 days, 2nd week. Gross: $9,500. (Average, $8,500) "Navy Blues" (W.B.) XEWMAX — (1,900) (28c-44c) 7 days. Gross: $7,500. (Average. $7,000) "Sergeant York" (W.B.) ORPHEUM— (1.900) (40c-55c) 7 days. 2nd week. Gross: $6,500. (Average. $5,000) "The Pittsburgh Kid" (Rep.) TOWER—(2,200) (30c-50c) 7 days. Stage: Horace Heidt in person, with the Musical Knights; Larry Cotton, F'rankie Carle. Mimi Cabanne, Ronnie Kemper, Donna and her Don Juans. Gross: $15,500. (Average. $6,000) Three Firms Formed Albany, Oct. 21. — Three new firms have been incorporated here. They are: Upstate Films, Inc., Buffalo, by Sidney B. Pfeifer, Leo Stein and Mildred Ruth ; Microfilm Corp., New York, by Irwin Zlowe, Rosalind Babow and Helen Joseph, and Al O. Bondy, Inc., New York, by Joseph Schwartzman, Jacob Grohman and Estelle Corsover. 'Foxes' Draws Good $21,000 Frisco Gross San Francisco, Oct. 21. — "Thef Little Foxes" zoomed to $21,000 at the Golden Gate. "Smilin' Through" and "World Premiere" drew %\2,7m at the Paramount. The weather \\J1 crisp. Estimated receipts for the week, ending Oct. 14-16: "The Little Foxes" (RKO) GOLD EX GATE— (2,850) (39c-44c-55c) 7\ days. Stage: vaudeville. Gross: $21,000 J (Average, $15,000) "Lydia" (U. A.) UXITED ARTISTS— (1,200) (35c-40c-50c) 7 days, 2nd week. Gross: $6,200. (Aver- age, $8,000) "You'll Never Get Rich" (Col.) "Harmon of Michigan" (Col.) ORPHEUM— (2,440) (15c-35c-40c-50c) 7 days. Gross: $8,600. (Average, $8,000) "Smilin' Through" (M-G-M) "World Premiere" (Para.) PARAMOUXT— (2,740) (15c-35c-40c-50c) 7 days. Gross: $12,700. (Average, $11,500) "A Yank in the RAF" (20th-Fox) "Henry A'arich for President" (Para.) FOX — (5,000) (15c-35c-40c-50c) 7 days, 2nd week. Gross: $13,000. (Average, $16,- 000) "Hold Back the Dawn" (Para.) "Buy Me That Town" (Para.) ST. FRAXCIS— (1,400) (15c-35c-40c-50c) 7 days, 3rd week (moved over from Para- i mount). Gross: $4,500. (Average, $5,500) "Kukan" (State Rights) CLAY— (400) (15c-35c-45c) 7 days. 11th week. Gross: $700. (Average, $1,000) 'Honky Tonk" (M-G-M) WARFIELD— (2,680) (15c-35c-40c-50c) 7 days, 3rd week. Gross: $10,500. (Average, $12,000) 'Honky Tonk' Gets $16,800, Cincinnati Cincinnati, Oct. 21. — "Honky Tonk," with a smash $16,800 gross at the RKO Palace, paced the field, while "The Little Foxes" gave the RKO Albee $12,500. "Married Bachelors" plus "The Hollywood Sweater Girl Revue" on the RKO Shubert stage, pulled $11,000. Estimated receipts for the week ending Oct. 15-18 : "The Little Foxes" (RKO) RKO -ALBEE— (3,300) (33c-40c-50c) 7 days. Gross: $12,500. (Average, $12,000) "Honky Tonk" (M-G-M) RKO PALACE — (2,700) (33c-40c-50c) 7 days. Gross: $16,800. (Average, $10,000) "Married Bachelor" (M-G-M) RKO SHUBERT— (2.150) (33c-44c-60c) 7 days. Stage: "Hollywood Sweater Girl Revue." Gross: $11,000. (Average, $10,- 000) "Sergeant York" (W. B.) RKO CAPITAL— (2.0C0) (44c-50c-60c) 7 days. 3rd week. Gross: $6,200. (Average, at 33c -40c -50c, $5,500) "A Yank in the R.A.F." (20th-Fox) RKO GRAXD— (1,500) (33c-40c-50c) 7 days, 2nd week. Gross: $4,500. (Average, $5,000) "Lady Be Good" (M-G-M) RKO LYRIC— (1,400) (28c-33c-42c) 7 days. 3rd week. Gross: $2,400. (Average, S4.50O) "Under* Fiesta Stars" (Rep.) "Doctors Don't Tell' (Rep.) RKO GRAXD— (1,000) (15c-28c) 4 days. Gross: 1,200. (Average. $1,200) "The Mystery Ship" (Col.) "The Vcice in the Night" (Col.) RKO' FAMILY— (1,000) (15c-28c) 3 days. Gross: $800. (Average. $800) "It Started with Eve" (Univ.) KEITH'S — (1,500) (33c-40c-50c) 7 days. 2nd week. Gross: $3,000. (Average. $5,000) Seeks Drive-In Permit Seekonk, Mass., Oct. 21. — The Board of Selectmen has reserved de- cision after a public hearing on the petition of William Purcell of Fall River to build a drive-in theatre here. PARDON ME FOR POINTING! n ILLOW THIS LINE FOR THE TEAR'S OUTSTANDING ROMANTIC COMEDY! 2* ..and five more big ones from Columbia on the way! LORETTA YOUNG Conrad VEIDT Dean JAGGER -" shepperd ■ kruger ■ leontoI nor Smi el Wilso Directed by GREGORY RATOFF A GREGORY RATOFF PRODUCTION Released Nov. 20 Wa^te DIETRICH • 4W MacMURRAY ^ MITCHELL LEISEN'S t"HE LADY IS WILLING with Aline MacMahon • Roger Clark • Stanley Ridges • Ruth Ford Directed by MITCHELL LEISEN A February Release FREDRIC MARCH LORETTA YOUN . BEDTIME STOR with ROBERT BENCHLEY Helen WESTLEY • Allyn JOSLYN • Joyce COWPTON • Stanley BROWN Screen play by Richard Flournoy ^^JL^— Story by Horace Jackson and Grant Garrett Produced by B. P. SCHULBERG • Directed by ALEXANDER HALL GO WEST, YOUNG LADY with ENNY SINGLETON • GLENN FORD • ANN MILLER CHARLIE RUGGLES • ALLEN JENKINS and BOB WILLS AND HIS TEXAS PLAYBOYS Produced by ROBERT SPARKS • Directed by FRANK R. STRAYER Screen play by Richard Flournoy and Karen DeWolf Released Oct. 23 ednesdav. October 22. 1941 Motion Picture Daily 13 orced to Be [Friendly with Bioff : Warner (Continued from page 1) ftcr the strike at the Columbia studio kXovember, 1937. Warner testified It he called in the studio police who ssigned two men to follow him in car for a period of two weeks. P^hen nothing happened during that mod, the men were withdrawn, Varner testified. Austin C. Keough, Paramount sec- retary and general counsel, is expected be the principal witness today, here is a possibility that the Govern- ment may complete its case today, al- "luugh it was pointed out that lengthy (Toss-examination of Keough may |i re vent this. W. B. Executives Testify Besides Warner, Thomas J. Martin, ompany auditor, and Samuel Carlisle, Jontroller and assistant treasurer, |i»'ere the day's witnesses. Carlisle's |n>ss-examination is expected to end rarly this morning and the Govern- Jiunt is expected to round out its flaim of extortion from four major companies with a recital of alleged oc- rurrences at Paramount. Carlisle described his first meeting Lvith Bioff in May, 1936, when he irtas introduced to Bioff by Albert Warner, vice-president and treasurer of Warner Bros. Warner disclosed that Bioff was seeking $15,000, Car- lisle said, and Carlisle suggested a check. This offer was rejected by Bioff who insisted on cash, the wit- iness continued. Bioff said he needed the $15,000 as he was going to a labor convention and "had to dish it out to district leaders," Carlisle testified. Carlisle said he turned over $10,000 in cash to Warner about May 24, after receiving instructions that executives were to raise their vouchers. Similar sums were raised in August and De- cember of that year and turned over to Warner, he said. Bioff Flushed In February, 1937, Warner instruc- ted Carlisle to turn over $20,000 to Bioff on March 1, the witness said. An appointment was arranged and Bioff came in that afternoon, Carlisle continued. Bioff's face "flushed" when he saw Martin present. Carlisle said, but he was told that Martin was there for Carlisle's "protection," to prove to Carlisle's superiors that the payment was actually made. According to the witness, Bioff responded that nobody would know of the transaction if they did not mention it, as he would not. Carlisle said that he commented at the time that "this finishes the $50,000," but Bioff pointed out that an addi- tional $50,000 would be due for the next year beginning in April. Carlisle continued with a recital of how he turned over $15,000 in cur- rency to Warner in April and had W. Stewart McDonald, his assistant, turn over an additional $15,000 the next month. Just before Christmas of that year, he sent $5,000 "in cash to Harry M. Warner on the Coast pur- suant to instructions from Albert Warner, he declared. On cross-examination, Carlisle said Reviews "Shadow of the Thin Man" (M-G-M) THE popular series of "Thin Man" films, featuring William Powell as Nick Charles, the nonchalant private detective, and Myrna Loy, as his charming and slightly erratic wife, has herein another highly entertaining chapter, which should do very well at almost any box-office. Full of amusing lines and numerous entertaining situations, the picture moves smoothly and swiftly, with a full share of suspense and occasional bits of excitement to keep audience attention held to the screen. W. S. Van Dyke II directed with skill, keeping the loose ends of his mystery well in hand until the final sequence. In support of the two stars are Barry Nelson, as a young crusading newspaper reporter out to smash the crooked racetrack gambling ring ; Donna Reed, as Nelson's sweetheart ; Sam Levene, as the police detective who gets the credit for Powell's success; Alan Baxter, as another re- porter involved with the ring ; Lou Lubin, in an excellent character bit as a member of the gang ; Dickie Hall, as Powell's small son, and, of course, Asta, the family dog. Powell is persuaded to undertake to help smash the gambling ring when Nelson, a friend, is arrested for one of the two murders the police are working on. The trail leads into various entertaining bypaths until, logically and cleverly, Powell uncovers the killer. Running time, 97 minutes. "G."* Chares S. Aaronson "The Men in Her Life" ( Columbia) T ORETTA YOUNG stars in this picture, which shows the joys and sorrows in the life of a ballerina, and she gives a sympathetic and moving performance. But many audiences not familiar with the ballet will find that the story develops slowly and that the action tends to drag in places. Music and ballet lovers will find a number of finely staged numbers in the hour and a half of running time. Gregory Raton" was the producer and director and there are ample indications that careful attention was given to many details of the film. The story opens with Miss Young, a circus performer who has ambitions to be a dancer, being discovered by a ballet teacher who was once a great star, played by Conrad Veidt. The girl persuades the master to teach her and there begin years of hard work. Finally she makes her debut and is a success. She marries her teacher out of gratitude, although she loves John Shepperd, young Englishman. When her husband dies she marries Dean Jagger, an American, and tries to quit dancing. But she leaves her husband to return to her career. A child is born and the mother allows the husband to take the child to America. Finally some years later she is reunited with her family after her best days as a ballet dancer are over. Women may be expected to shed a few tears at several points in the human story of a woman trying unsuccessfully to give up her career to have a happy married life. The fine cast also includes Eugenie Leonto- vich, the maid; Otto Kruger, the manager; Paul Baratoff, Ann Todd, Billy Rayes, Ludmila Torerzka and Tom Ladd. Running time, 89 minutes. "G."* M. Q., Jr. *"G" denotes general classification. that he had been told by Albert War- ner that the executives whose vouchers would be raised included A. W. Smith, Gradwell Sears and S. Charles Ein- feld. Cross-examination by Bioff's counsel was concluded but Martin Conboy, Browne's lawyer, had just begun when the trial was adjourned for the day. Earlier, Martin had told how with Carlisle he had obtained the cash for Warner. Martin identified $91,634 in vouchers which had been used for this purpose and said that the addi- tional $8,366 had been obtained from theatre company vouchers but that these could not be located. A note- book, kept by Martin, which recorded the individual vouchers was introduced in evidence by Judge John C. Knox, after both sides declined to offer it. Martin, too, told of a March, 1937 meeting with Bioff. He said the $20,000 in currency was counted by both himself and Carlisle. Bioff looked surprised when he saw him there, Martin testified, and merely thumbed through the money, without counting it when handed the envelope. Martin said he then walked away from the table and could not hear what was said between Bioff and Carlisle and that the former left the room. Both Martin and Carlisle said that a safe deposit box at the Manufactur- ers Trust Co. contained company cash, from which currency was obtained for the alleged payments. Carlisle also had an office safe in which cash was kept, it was testified. Martin said amounts up to thirty to fifty thousand dollars were kept in the bank vault and up to $5,000 in the office safe. Abandons Stock Plan Providence, Oct. 21. — Claiming in- ability to book enough suitable plays, Abe A. Spitz has announced temporary abandonment of his plan to start a season of stock at the Playhouse on Nov. 3. Unity, Taxes Major Issues, Myers States (Continued from page 1) they can help settle differences be- tween distributors and exhibitors, if they can establish a permanent point of contact for coordinating efforts and for opposing attempts to discredit the industry as a whole. Our job is to see that films aren't classified like gaso- line, liquor, tobacco and other whip- ping boys of taxation." Myers cited the efforts of Senators James Davis of Pennsylvania, Robert LaFollette of Wisconsin and David Walsh of Massachusetts in the indus- try's fight on the recent Federal tax proposals. Opposes Consent Decree Fred Beedle, AMPTO president, in his address, said he blamed the "in- crease of film prices" on the consent decree. "We started out in the Fall of 1940 with the consent decree on our minds, and we are finishing up the Fall of 1941 with the consent decree on our backs," he declared. "Who con- sented to what?" Beedle suggested revision of the na- tional and regional Allied constitu- tions and that "all delegates be eligible to vote" in national conventions. He scored exhibitors' inactivity in or- ganization affairs and reviewed the formation of the local defense investi- gation committee. Address by Richey Greater emphasis by exhibitors on the selling of their product and the selling of the theatre institutionally to the public was foreseen by H. M. Richey, director of exhibitor relations for M-G-M, in an address before the convention. "I believe the time is rapidly pass- ing when the theatre owner will oc- cupy the majority of his time buying and little of his time selling," Richey said. Constructive exhibitor organization is vital to the security of the business, he said, and attacks from outside have tended to drive all elements of the industry closer together. He stressed the importance of industry unity under present conditions. Richey reiterated M-G-M's policy of attempting to bring about better industry relations, and the company's intention to live up to the consent decree. The arbitration sys- tem is proving to be a "constructive force," he declared. More intensive selling is necessary today, Richey pointed out, with the competition for the working man's amusement dollar keener than ever. Reviews Legislation Fred Herrington, executive secre- tary, reviewed AMPTO activity in state legislative matters which resulted in the defeat of a two-men-in-a-booth bill, a bill to prohibit Sunday admis- sion to children under 15 years, and other measures. Thornton Kelly of New York ex- plained the acceptance of National Screen Service cooperative advertis- ing film plan by the New Jersey and Eastern Pennsylvania units of Allied. M. A. Rosenberg, convention chair- man, said although the AMPTO board had rejected the plan, he would ask its reconsideration if the membership so desired. 14 Motion Picture daily Wednesday, October 22, 19' Off the Antenna KVOO, Tulsa, Okla., NBC-Red affiliate, will increase its daytime power to 50,000 watts day and 25,000 night within the next 10 days, and ex- pects to go 50,000 watts full time shortly, it was announced yesterday. Two stations are scheduled to join NBC-Blue within the next two months, it was revealed. They are KTKC, Visalia, Cal., on Nov. 15, and WFTC, Kinston, N. C, on Dec. 1. KTKC, with 1,000 watts on 920 k.c, will be an optional outlet on the Pacific Coast group, at the basic rate of $120 per night time hour. On Jan. 1, the station will move to the clear channel of 940 k.c. and will increase its power to 5,000 watts. WFTC with 250 watts on 1,230 k.c, will be a bonus outlet for the Southeastern group. Another Blue station, KGKO, Fort Worth, Tex., has notified NBC offi- cers here that it will increase its power to 5,000 watts full time by Dec. 1. • • • Purely Personal: Lloyd W. Dennis, program director at IVJSV , Wash- ington, has been named supervisor of CBS educational activities in the East. Robert R. King, of KTSA, Saw Antonio, Tex., has been appointed to a simi- lar post for the Southwest. . . . Bing Crosby will be guest on Bob Considine's ysports shoid over WNEW this evening. . . . Milton Berle has written a> song, "Would It Make Any Difference to You?" which will be played for the first time on his show, "Three Ring Time" over Mutual Friday. • • • RCA Communications yesterday dsiclosed that a new radio circuit had been opened between New York and Brazzaville, French Equatorial Africa. Brazzaville is the "Free French" area. • • • Program News: Irving Caesar will bring his "Songs of Safety" back to WOR this week with a new series Sundays, 12:30-12:45 P.M. . . . Cali- fornia Fruit Growers has renewed Hedda Hopper's Hollywood program Mondays, Wednesdays and Fridays over 39 CBS stations. . . . Ward Baking Co. will sponsor AP news over WJZ 8:45-8:50 A.M. Mondays through Fri- days for 13 weeks. . . . Drezma, Inc., has renewed "Lessons in Loveliness" over WABC Tuesday, Thursday and Saturday, 8 :25-8 :30 A.M. and Tues- day and Thursday, 11-11 :15 A.M. . . . Barbara Gould, Inc., has started spon- sorship of "Here's Looking at You" over WOR Monday, Wednesday and Thursday, 2:45-3 P.M. . . . Chesebrough has renewed "Dr. Christian" over 64 CBS stations. Will Ask Arnold To Appear Before Senate Committee (Continued from page 1) Hampshire returns to Washington, probably next Monday, to decide whether hearings shall be resumed the following week. Also, he said, if the committee meets next week it is possible that some of the alleged propaganda pic- tures finally will be viewed. How- ever, he admitted, conditions now are very confused and there is no cer- tainty when hearings will be resumed. The chairman said that in addition to Arnold the committee hoped to bear Norman Chandler, publisher of the Los Angeles Times; Will Hays, president of the MPPDA, and possi- bly Louis de Rochemont of March of Time. Meanwhile, there were indications that film propaganda may figure in the debate in the Senate next week on repeal of the ship arms ban of the neutrality law. Clark admitted that some consideration had been given to bringing in this phase of the neutrality situation, but said no decision had been reached. Order Disney Suit Trial The Appellate Division of the N. Y. Supreme Court yesterday reversed a dismissal of the $200,000 damage suit brought by Adriana Caselotti against Walt Disney Productions, Ltd., and RCA Manufacturing Co., and ordered a trial. The plaintiff, who provided the sound track for "Snow White and the Seven Dwarfs," claimed records were made without her permission. W.B.AppealsNewark Award on Clearance (Continued from page 1) Newark. The case involves the five consenting distributors. The Buffalo arbitration board's sixth complaint was filed yesterday by Irv- ing Cohen, owner of the Allendale, Buffalo, against Loew's Paramount, 20th Century-Fox and Warners. The complaint charges that the Allendale's present availability is unreasonable and requests an award permitting it to play "ahead of the Marlowe" in Buffalo. Deny Product Refusal At St. Louis Hearing St. Louis, Oct. 21. — Representatives of the five consenting companies de- nied that they had refused films to the Ritz Theatre, Rolla, Mo., at a hearing at the local arbitration board today on the some run complaint of Mrs. Mil- dred Karch, owner of the Ritz. The complainant charged that she had been offered only old films and had been unable to make any specific contract. First and second runs in the area have been sold to the Rolla-Mo and Uptown theatres, owned by the Gasconade Circuit. The some run complaint of Floyd Lowe of Lebanon, Mo., against the five consenting companies and with Gasconade Circuit as an interested party, is scheduled for hearing here next Tuesday. Oriental Hearing Today in Chicago Chicago, Oct. 21. — The clearance case of the Oriental Theatre, involving all of the Class A Loop and neighbor- hood houses in the city, is scheduled for hearing at the local board tomor- row. An intervention in the case was filed today by the Esquire Theatre, adjacent to the Loop. Fox Sentenced to One Year in Prison (Continued from page 1) was granted permission to appeal the sentence to the U. S. Circuit Court of Appeals and his bail was increased from $5,000 to $15,000. The new bail was posted. A plea that Fox be given a chance to go to trial before a jury was denied by Federal Judge Guy K. Bard in U. S. District court here. Judge Bard refused to accept a motion for Fox to change his plea of guilty to one of not guilty. The court contended that the story told by Fox at the trials con- stituted a guilty plea. Littleton made a plea first for sus- pension of sentence and then for clem- ency. U. S. Attorney Gerald A. Glee- son, while admitting that Fox had been "helpful" to the Government in the other trials, insisted that he should be given a prison sentence because of the seriousness of the crime. Delay on U. A. Head Until Coast Meetings (Continued from page 1) tion duties which necessitated his re- turn to the Coast last weekend. United Artists owners indicated yesterday that no definite candidate for the presidency of the company is in view at this time but that several are under consideration and their names will be proposed at the meet- ings to be held in Hollywood. Badgley ARP Officer Ottawa, Oct. 21.— Frank C. Badg- ley, former director of the Govern- ment Motion Picture Bureau has been appointed assistant Federal Air Raids Precaution Officer, as aide to Dr. W. O. Gliddon. Canada Cuts Radio Set Output by 25% Toronto, Oct. 21. — Manu- facturers of radio instru- ments have been notified by the Canadian Government to reduce the production of re- ceiving sets to 75 per cent of the 1940 output. Trade sta- tistics show that this repre- sents a cut in manufacture of 125,000 sets in the next lL months. 1 Seating Problem 1^ Studied by S.M.P.El A study is being made of the publi preference for seats in theatres in or der to improve the comfort and enter tainment value of the house, the So ciety of Motion Picture Engineers wa told yesterday at the Hotel Pennsyl vania in a report by the theatre engi neering committee. The report wa read by Dr. Alfred N. Goldsmitl chairman. Additional surveys are t be made by the committee. Ramsaye a Speaker Terry Ramsaye, editor of Motio, Picture Herald, addressed the dele gates, his subject being listed as "Lot of How, and Little What." Ramsay spoke on the extent and complexity o the machinery of communications a compared with what was to be com municated. He suggested that "tb customers are part of the machiner; of civilization" and that perhaps i would be well for the engineers to ge far enough into social and politica affairs to help make the whole thin§ work. Two sessions were held yesterday second day of the four-day meeting The morning was occupied with a pro- jection session, and the afternoon witr a general session. Discuss New Developments The delegates heard reports on safe- ty devices and a talk on new arc lamps Various new technical developments and devices in projection were de- scribed, color quality on the screen was discussed, and reports of the studio lighting and standards commit- tee concluded the day's sessions. Tonight the semi-annual banquet will be held, with the Journal Award and Progress Medal to be presented. Nick, Weston Seek High Court Review St. Louis, Oct, 21.— John P. Nick, ousted head of the operators union here, and Clyde A. Weston, former business agent of the union, are re- ported preparing to file an annli<*° tion for a writ of certiorari with the U. S. Supreme Court this week in an attempt to obtain a review of their convictions here a year ago on charges of violating the federal anti-racketeer- ing statute. CBC Employes Will Organize in Canada Ottawa, Oct. 21. — Regional repre- sentatives of employes councils of the Canadian Broadcasting Corp. are meeting here for three days to lay the foundation for the organization of a national employes council represent- ing all CBC employes in Canada, THE CONTINENTAL Lv. 5:10 pm. Thru Mainliner sleeper to Los Angeles. No change of planes. Fly the cool, scenic Main Line Airway. Arrive Los Angeies 8:30 am. Four additional day- light and sleeper flights. * Call travel agents, hotels or UNITED AIR LINES Airlines Terminal: 80 E. 42nd St. 649 Fifth Ave. 69 Wall St. Pennsylvania Hotel Phone MU-2-7300 EVERYBODY PLEASE COPY! W. G.Van Schmus, Radio City Music Hall, 50th Street and 6th Ave., New York City. Dear Mr. Van Schmus : I want to join the amusement world at the "Stars' Party for Mayor La Guardia" next Monday, Oct. 27th in the Grand Ballroom of the Hotel Astor ($1.75 per ticket). I'll be at the Luncheon at 12:30 noon. I understand there will be a triple-dais of show-world personalities who are coming to greet the Mayor. Count me in. This is the time when all of us should put into action what's in our hearts.We must make sure in these troubled times that an experienced man and a man friendly to our business remains in City Hall Let's keep the Little Flower blooming on the sidewalks of New York. Sincerely yours — [For phone reservations call: Clrck'6'4600] THEATRICAL, MOTION PICTURE AND RADIO COMMITTEE FOR THE RE-ELECTION OF MAYOR FIORELLO H. La GUARDIA John Golden, Honorary Chairman • Louis Nizer, Chairman • Helen Hayes, Vice Chairman • Major Edward Bowes, Vice Chairman Walter Vincent, Vice Chairman • Stanton Griffis, Vice Chairman • William G. Van Schmus, Treasurer • J. Robert Rubin, Secretary CONSTANT VIGILANCE RIGID laboratory control, with critical tests all along the way, sees to it that every foot of Eastman negative film contributes its full quota of high quality and unvarying uniformity. Eastman Kodak Company, Rochester, N. Y. J. E. BRULATOUR, INC., Distributors Fort Lee Chicago Hollywood PLUS-X SUPER-XX for general studio use when little light is available BACKGROCXD-X for backgrounds and general exterior work EASTMAN NEGATIVE FILMS o the 'Motion ♦icture ndustry MOTION PICTURE DAILY — 50. NO. 81 r = NEW YORK, U.S.A., THURSDAY, OCTOBER 23, 1941 TEN CENTS ompany Gave ;ioff $100,000 ^eough States (U O CO fa 00 O -s; ^ fa EC 6 ^ Oh a c ^ in 3 § P « >>.s JS J5 H H " o ^ ":Q. < CO > Z Ed < |3 w > o > c °p cd ^ •X3 oP 5 a - -*-» w 3 O CO in § <*> •3 ° a1- a < co o» COfcxi tt. c cd ft 2 s to M C .SP:aj.feoJ, •-j id i> * O gEC 3 U S 0 a- M ^ "8 > gEtJj. g o — 01 OQ j J3 0 Jig & .2 I I N ill " e p n g -K, s -dp g-ofi- S ^ 1 1-1 1—1 O MS •= t "BJi § = o I H o a O 4) ia a) P S cS C C --' P* P -Si u o>2 ^ o >o s s -« CO^^^t 0P3 u* 8 dj^ 5 ,60" ft^P Q < O S« ST 3 I jiS •3 ® i S to •a - 1,1-1 ^ " 18 .| 2 M >» « a S 3 d I f? cd t s 00 s _ O § at s 1s K ^» Oi ■a ^ CO o ^ CM p 550 I 2 P 4> > CO d -So ?p ■5 -2 ? oO m V 2 o ^ 31 J3 -rt >0 o1-- nj O W CO CO Hi O
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O o ^ o 8 3 5> O z 00 Aursday, October 23, 1941 Motion Picture daily 7 GOOD NEIGHBOR TALK ABOUT A BIG PICTURE Jompany Gave Sioff $100,000 Keough States (Continued from page 1) ii messes if an overnight study of the pstimony indicated that it was neces- hry, but stated that this would be Blikely. Defense counsel will start lieir case tomorrow and they esti- n.ited that it would take two weeks, -"ollowing this, the Government will lave the right to introduce rebuttal \ idence. Stockholders File Suits In the meantime, during the court Hoceedings it was learned that two flew stockholders' suits had been started which named George E. Browne and Bioff as defendants. A iiiit against Loew's by Abraham N. Geller, attorney for Justus I. Land- auer, holder of 80 shares, asked for the return of approximately $500,000 allegedly paid to Browne and Bioff. \ suit against 20th Century-Fox was brought by Koenig & Bachner, on be- half of Jerome M. Stein, a stock- holder, asking for an accounting, with in) amount specified. Keough testified to meeting Bioff in the latter's hotel room, in May, 1937, after a previous call from Bioff, and being told of a two-year deal where- by major companies were to pay $50,- 000 annually. Bioff referred him to Nicholas M. Schenck and S. R. Kent for details, Keough said. Keough stated that he again met Bioff on May 28, 1936, and was told "there was to be some meeting at which he (Bioff) had to report that some payment had been made by Para- mount. He was going to Chicago and, ' if I didn't get it before, I could senc it to him in Chicago." i Sent Arthur Israel Keough said he raised $7,500 in cash and sent Arthur Israel, Jr., with an envelope containing the money to Bioff at the Hotel Bismark in Chi- cago. He testified that $4,000 was raised by a voucher by Y. Frank Freeman marked "charge suspense to he accounted for," drawn on Para mount Service Corp., and $3,500 addi- tional from company sources which he could not recall. Keough said he gave Bioff $20,000 I in cash on Sept. 15, 1936, the money j being obtained on vouchers marked , "working funds, home office. $5,000," and "distribution, working funds, $15,000." Subsequently, Keough said, he ordered that the entries on the books be made correctly and that they read, "corporation expense." After be- ing told by Bioff that he was shiftin his offices to Hollywood, Keough said he arranged in January, 1937, to in- troduce Henry Herzbrun, former studio attorney, to Bioff. Discussed Payments Keough said he told Herzbrun that he was to pay the balance of the $72,500. "I told him that the pay ments need not be paid all at cne time but that the balance of (the first) $50,000 was to be made short ly ; that the payments were to be in cash and to be handled in a confiden tial manner," Keough said. Keough testified that he also told Walter B. Cokell, studio treasurer, and George Bagnall about the trans- action, and that he told Bioff that further payments would be made from the studio. In August, 1937, Herz- brun requested $12,500 and this amount was sent to him, he testified, and in January, 1938, Bioff received an additional $10,000 in cash from Keough in New York. "I told him it was the last $10,000 of the $100,000 payment and he said that it was right," Keough said. "I regarded the making of these payments to Mr. Bioff and such others as were with him in receiving the money as neces- sary to preserve my company from possible and very probable financial disaster," Keough con- cluded on direct examination. Cross-examination was brief. Earlier in the day, Samuel Carlisle, Warner controller, completed his tes- timony and two secretaries of Albert Warner, vice-president and treasurer of Warner Bros., told how Bioff had picked up envelopes from their desks. These witnesses were Eileen Forman and Shirley Frankel, although the latter was unable to identify Bioff in court. Herzbrun Testifies Herzbrun followed Keough on the stand and told how he obtained $50,- 000 in cash from a company check and placed the currency in a joint safe deposit box with A. C. Martin, stu- dio controller. On Jan. 23, 1937, Herzbrun said, he gave Bioff $22,- 500 of this amount at IATSE Holly- wood offices and an additional $20,000 at the studio on May 10, 1937. On Aug. 27, 1937, Bioff asked for $20,- 000 more, Herzbrun said, but as only $7,500 was left in the box, he asked Keough for $12,500 more. This amount was received in the form of a check at the Bank of America; it was cashed and $20,000 delivered by Herzbrun to Bioff at the latter's home, according to the testimony There was no cross-examination. Martin followed to tell how a $50,- 000 check as drawn to the order of Herzbrun with the check voucher reading "Option on certain real es- tate properties which we have under consideration and which for obvious reasons I do not wish to disclose." There was no cross-examination. Israel followed and told of his trip to Chicago on May 28, 1936. Upon arrival at that city, he telephoned Bioff and was told to come to the latter's room in the Bismark Hotel. He said he saw Bioff for only "a min- ute or two" and left immediately. Firms Face China Currency Problems U.A. Manager Says (Continued from page 1) that it is widely recognized there that films are essential to civilian morale The solution, he said, is entirely up to Washington. Goltz reported that all distributors are doing "sensational" business in China. The war, he said, has affected only a small proportion of the total film market and that business in Free China has more than doubled to com- pensate for losses elsewhere. He said the increase in business was due to the flow of population from occupied and war areas into Free China. There are no restrictions on the withdrawal of currency from Free China, Goltz said, but the exchange results in a cost of almost 25 per cent. The transportation of prints from Shanghai, the shipping center, to Free China, is a difficult and lengthy procedure, however, Goltz said. He pointed out that shipments must be routed by boat to Thailand and shipped overland by the Burma Road from there to Free China. Films are frequently three to four months in transit from Shanghai to Free China as a result, he said. Bombs Force Move Goltz said that bombed theatres in China frequently are known to re- open within 14 days in a neighboring location, due to the ability of their operators to remove essential equip- ment to places of safety during air raids. Business is excellent in Shang- hai, he said, and two new first run theatres, the Majestic and Queens, have just been opened there. New subsequent run houses are under construction in the International Settlement, he said. Chinese studios in Shanghai and Hong Kong are turning out an in- creasing number of pictures in both Mandarin and Cantonese dialogue. These films are improving in quality and are making steady progress in the market there, he reported. Japanese censorship throughout oc- cupied China has made it impossible to exhibit any films of an interna- tional controversial nature, Goltz said. Two Grand Rapids Complaints Filed (Continued from page 1) Century-Fox and Paramount are named in the first complaint, and RKO, Loew's, Vitagraph and 20th Century-Fox in the second. Both complaints charge that the two Grand Rapids theatres are forced to wait a minimum of 80 days for pictures. They charge that the Butterfield first run has 60 days clearance over the same circuit's second run, that sec- ond run has seven days clearance over third run, third run has seven days clearance over fourth run which has seven days clearance over the Gale- wood. The complaint also charges that Butterfield's first run Savoy causes a delay in availability to the complainants exceeding the minimum schedule and clearance actually ag- gregates 95 to 150 days after first run theatres insofar as complainants' thea- tres are concerned. The complaints ask an arbitration award fixing the maximum clearance for their houses at 60 days after first run and a shortening of the clearance schedules between the intermediate runs. Hearing of the clearance complaint of the Gale Theatre, Galesburg, Mich., was begun at the local board today before Edmund M. Brady, arbitrator. The house is seeking a reduction to seven days of the present 67-day clear- ance over it of Kalamazoo first runs. The Butterfield Circuit and Kalamazoo Theatres, Inc., have intervened in the case. Arbitrator Defers Action In Oriental Clearance Case Chicago, Oct. 22. — Efforts today by counsel for Balaban & Katz, Para- mount, 20th Century-Fox and the McVickers Theatre, to have dismissed the clearance case of the Oriental Theatre, were deferred by Hayes McKinney, arbitrator. . McKinney questioned the value of Section 8 of the consent decree, which relates to clearance, in this situation. SI ! Si! Amigos . . . WE'RE tossing our SOMBREROS in the AIR for the gayest FIESTA of the year! AMERICA'S favorite SINGING, riding, fighting STAR, GENE AUTRY, crosses THE Rio Grande for the MOST exciting adventure OF his career! GENE'S an all-star show IN himself ... But REPUBLIC has surrounded him WITH its most lavish CAST. There's your^ OLD pal, SMILEY BURNETTE AND amusing HAROLD HUBER riding with GENE across the plains . . . THERE'S lovely FAY McKENZIE, AS a sultry-eyed senorita who MELTS when Gene starts singing "MARIA Elena,""Down Mexico WAY" . . . and lots MORE! Fay's that SENSATIONAL DISCOVERY from (fA "MEET the People". £ YOU'LL be wanting TO meet her AGAIN and again!' SI! Si I There's MUCHA Songs! J MUCHA Laughs I MUCHA Thrills! iP MUCHA Senoritas! SEE! SEE! "DOWN MEXICO WAY' IT'S A REPUBLIC PICTURE Motion Picture Daily Thursday, October 23, ]! Majors Plead Not Guilty to Minn. Charge (Continued from page 1) fight the state law through to "the finish." He said that, since the com- pany cannot sell Under the Minnesota law while it is bound by the Federal consent decree, Paramount will apply to Federal Judge Henry W. Goddard in U. S. District court, New York, in the near future, for an exemption from the decree's sales provisions insofar as Minnesota is concerned. This will be done, Findley said, in order to protect the company's theatre accounts in the state during the ex- tended time required to contest the state law's constitutionality in the courts. [In New York, Austin C. Ke- ough, Paramount secretary and general counsel, issued a state- ment confirming Findley's obser- vations. Keough said that the ap- plication to Judge Goddard would be made as soon as Thomas D. Thacher, attorney for Paramount, returns to New York within a few days. [That Paramount would adopt this procedure was reported by Motion Picture Daily on Oct 20.] Findley stated that Paramount is convinced the state law is unconsti- tutional and intends to defend itself to the limit against the charge it violated the act. He has been instructed, he said, "to take all necessary steps to come to a final decision on that con- tention." He said he believed the Minnesota legislature was "not well advised in its enactment of the law." Findley said that many Minnesota exhibitors believe that they would be parties to a violation of the state law if they concluded deals under the con- sent decree method. He said it was for this reason that Paramount planned to go to Judge Goddard for the exemption which would give them some relief. He said Paramount con- tends that exhibitors would not be guilty of a violation under such cir- cumstances because it believes the law to be unconstitutional. It was pointed out that the theatres cited as entering into deals which Paramount, RKO and 20th Century- Fox now are charged with having made, are not parties to the charges. Allied Starts Machinery For All-Industry Group Col. Western Meet In Frisco Tomorrow (Continued front page 1) Fisher, H. M. Lentz and N. Newman, salesmen. San Francisco: L. E. Till- man, branch manager ; C. Scott, P. Weinstein, E. Roberts, M. M. Klein and L. L. Savage, salesmen. Seattle: Neil Walton, branch manager; R. A. Ackles, W. K. Beckwith and W. Kostenbader, salesmen. Salt Lake City: William G. Seib, branch manager; K. Lloyd, M. Gus- taveson, H. Green and A. L. Camp- bell, salesmen. Denver: Robert C. Hill, branch manager, B. M. Shooker, S. Dare, S. Cramer and T. J. Robin- son, salesmen. Portland: James R. Beale, branch manager, C. E. Till- man, W. T. Withers and L. S. Metze- laar, salesmen. (Continued from page 1) vention in Philadelphia last month, was ratified by the board. The com- mittee includes Col. H. A. Cole, presi- dent; Roy E, Harrold, Jack Kirsch, Sidney Samuelson and Martin Smith. The directors met here in conjunc- tion with the convention of Allied M.P.T.O. of Western Pennsylvania. The board cited the following as de- serving the early consideration of a national joint conference committee: policy and action in reference to tax- ation; safeguarding "the good name of the industry as a whole"; plans for meeting increased competition from other entertainments ; institutional ad- vertising and other goodwill activi- ties ; protecting priorities ratings ; formulation of "an acceptable distribu- tion system to be adopted when the consent decree lapses." One of the major phases of the plan, it was indicated, would be the "dis- cussion and, if possible, adjustment or modification of the policies or prac- tices of one branch or member thereof which are opposed by another branch." As a party to such a committee, Al- lied will take no outside action until efforts to adjust grievances within the committee are exhausted, it was stated. In an address to the AMPTO con- vention, Col. Cole said that the in- dustry under present conditions must make some sacrifices and regulate it- self, in order to obviate excessive Government influence. Rosenberg Elected Officers of the regional unit were elected as follows: president, M. A. Rosenberg; vice-president, Harry Walker; treasurer, Joseph Gellman ; secretary, Fred Herrington. Direc- tors elected include Bennett Amdur Charles R. Blatt, Fred Beedle, George Corcoran, C. E. Herman, Guy Ide Frank Panoplis, Carl Poke and Wil ham R Wheat, Jr. Exhibitors must sell the film indus- try to the American public, as well as motion pictures themselves, Claude F. Lee, director of public relations for Paramount, told the convention today. He declared building goodwill for the industry is not a job of the mo- ment, but a matter of permanent vigilance. He emphasized the need for industry unity. "The job of interpreting the real character and fiber of the motion pic- ture as an institution of society is not one for pretentiousness . . . but a genuine and sincere effort to give the people a chance to know and under- stand us. We must find a way to make the public aware of the far- reaching substance of the business,' Lee said. Canada Music Union Dispute is Settled (Continued from page 1) States or any other organization out- side the Dominion." Murray's statement was revealed fol- lowing disclosure of the settlement of the differences between the Canadian musicians' union and the R. C. A. F. over public appearances of the Air Force central band. Major Murray disclosed that he re- cently conferred with Petrillo in New York, giving the A. F. M. head to understand that interference in Can- adian radio affairs would not be tol- erated. He is understood to have told Petrillo "there could be no question of American control of the Canadian musicians' union." The settlement of the R. C. A. F. difficulties followed conferences be- tween Air Minister Power and Wal- ter Murdoch, Canadian board member of the musicians' union. The union is said to have interfered with R. C. A. F. bands and Canadian Broadcast- ing Corp., not only attempting to keep the Air Force band off the air, but charging CBC for permission to re- cord programs for Canadian troops overseas. Conn. Unit Votes to Follow Allied Course on Unity Plan New Haven, Oct. 22.— Allied Thea- tre Owners of Connecticut voted at a special meeting to follow whatever course national Allied decides upon with resoect to the unity proposal, but again affirmed its disapproval of the proposal. At a recent meeting the or- ganization voted unanimously against the proposal, but called the special meeting to reconsider. Dr. J. B. Fish- man presided at the meeting. Exhibitors also aired their views of the consent decree and the con- sensus was that thus far great hard- ships had been worked under the sys- tem. National Allied will be urged by the Connecticut group to undertake a poll of exhibitors on the decree. NBC to Continue Backing of BM Niles Trammell, NBC preside yesterday declared that NBC wo I give continued support to Broadcil Music, Inc., despite the proposed c with Ascap. Trammell said NBC would exec license agreements with BMI to ii concurrently with those proposed w Ascap; provide for payments it*' same amounts as those current^1 ing made so long as BMI revSfl and expense budgets remain the sap and provide for an increase or ars Remains, His Talks With U. A. Ended •Joseph Bernhard. general man- ner of Warner Bros, theatres, it is reported last night, will assume rw and more important duties as neral manager of the company. that capacity sales a> well as gatres will come under his juris- ;tion. Gradwell L. Sears, who s been in charge of distribution. 11 continue under Bernhard. Discussions between Sears and United Artists officials con- cerning the presidency of U. A. are understood to have been ended, with Sears remaining at : Warner Bros. Benjamin Kalniensoii. Southern and 'estern division manager, who was iiave been elevated as assistant to ;rnhard, continues in his position *der Sears. Termination of the talks with Sears t the United Artists presidency sub- antiates Motion' Pictcre Daily's irtes of Wednesday and yesterday liat no deal was imminent and that e choice of a United Artists presi- :nt is not likely to be made until the (Continued on page 6) Jenies Dismissal of Jrowne, Bioff Case Federal Judge John C. Knox yes- rday denied all defense motions for . rected verdicts of "not guilty" in the •ctortion trial of George E. Browne id William Bioff. The defense will start its testimony .: 10:30 A.M. today. According to 'eorge Breslin. attorney for Bioft', le defendants will take ahuut two •eeks to present their side. Bioff is •most likely'' to take the stand on his 'wn behalf, Breslin said, and there be from 15 to 20 witnesses, in- (Continued on page 3) Guild Sues Studios For 6,000 Extras, Claiming Overtime Hollywood, Oct. 23. — What might be the greatest bookkeeping headache in Hollywood's history was filed today in Federal Court. On behalf of its some i>, nun extra player member.-, the Screen Actors Guild brought action against 14 production companies seek- ing what may amount to hundreds of thousands of dollars in back pay, overtime and penalties under pro- visions of the Fair Labor Standards Act. The suit actually names some 1,000 players and specifies amounts assert- edly due them for overtime in work- ing in excess of 44, 42 and 40 hours weekly since inception of the act. If brought to trial without compromise, the action may result in each company producing records in Federal Court showing that each of the 6,000 Guild members has or has not worked in excess of the statutory limitation. Defendants are Alexander Korda Films, 20th Centurv-Fox, Universal, Columbia, M-G-M, RKO, Republic, Warners, Paramount. Wanger, Roach, Selznick, Small, and Goldwyn. The Guild started negotiations with producers for overtime assertedly due {Continued on page 6) Willkie Honor Guest At Pioneers Dinner Wendell L. Willkie has accepted an imitation to attend the Fall confer- ence dinner of the Picture Pioneers as guest of honor, Jack Cohn, head of the film veterans' organization, stated yesterday. The dinner will be held at Toots Shor's restaurant next Wed- nesday evening. Due to the large number of reser- vations already made, attendance will be limited to members of Picture Pioneers, Cohn stated. Minn. Anti-5 Trial Slated for Nov. 24 St. Paul, Oct. 23.— Trial of the actions charging Para- mount, RKO and 20th Cen- tury-Fox with violating the state's anti-block-of-five law today was set for Nov. 24 after attorneys for the com- panies entered not guilty pleas in Ramsey County dis- trict court here. The late trial date was asked so that the defendants could determine whether or not they wish to demur. The attorneys in pleading not guilty reserved the right to withdraw the plea in event a demurrer action is brought. Para. Petitions Decree Escape On Minn. Sales Paramount yesterday obtained an order from Federal Judge Henry W. Goddard in U. S. District court here to show cause why the company should not be exempted from the sales provisions of the consent decree to permit it to sell in Minnesota while the constitutionality of the state's anti-block-of-five law is being tested in the courts. The order is returnable Oct. 31 be- fore Judge Goddard, at which time Thomas D. Thacher, counsel for the company, will argue the merits of the petition. It was reported yesterday that two consenting companies might oppose the Paramount petition at the hearing but confirmation of the report was not obtainable. It was said that opposi- (Continucd on page 6) Managers Hosts at Party in Pittsburgh PiTTSBi RGH, Oct. 23. — Local ex- hange managers will be hosts at the nnual banquet of the Pittsburgh Ya- iety Club in the club's quarters Nov. following the Pitt-burgh-Ohio State ootball game. In the past John H. Harris, national chief barker, has been (Continued on page 7) Inquiry Subcommittee Members Doubt Early Meeting to Decide Its Future Washington, Oct. 23. — Members of the Senate propaganda in- vestigating committee today expressed doubts whether they would be able to get together next week to decide upon the future of their investigation of motion pictures. While Senator Charles W. Tobey of New Hampshire, who has been out of the city for some time, is due to return to Washington Monday, Chairman D. Worth Clark said there was some question whether the group could meet because of the scheduled debate on Neutrality Act revision. The original plan was for the committee to get together, prob- ably on Monday, to make arrangements for viewing some of the pictures which have been discussed and for resumption of hear- ings on Nov. 3. Majors to Get $20,000,000 Fr om England Base Is 50% Annual Gross Of Last Two Years London, Oct. 23. — The eight major American distribution com- panies will be authorized to with- draw $20,000,000 from England under the new monetary agreement for the year beginning next Mon- day, it was reliably reported here today. The withdrawal amount, represent- ing 50 per cent of the companies' an- nual British business during the past two years, is said to have been tenta- tively agreed upon by Board of Trade, United States Embassy and company representatives, but still requires the formal approval of the Treasury. An announcement by the latter is regarded as imminent. [Motion Picture Daily re- ported Oct. 15 that 50 per cent of the major companies' British rev- enue, made up of release of (Continued on page 7) Report $3,600,000 As GB Deal Figure London, Oct. 23. — It is understood here that the deal by which General Film Distributors interests would take control of Gaumont British from the Ostrer Brothers involves £900,000 (approximately $3,600,000). The deal is expected to be closed momen- tarily, with all details understood to be settled. Existing operations are expected to remain as they are. Ar- thur Rank of General Film, financing the deal, who will be chairman of the new setup, also is a director of the Odeon Circuit. Companies Save U.S. Money on S.A. Trips Washington, Oct. 23. — Traveling expenses of motion picture personal- ities who have made recent tours of South America in cooperation with Nelson Rockefeller have been borne by their companies, it was disclosed today by officials in the office of the Coordinator of Inter-American Af- fairs. As a result, it was pointed out, the (Continued on page 6) Motion Picture daily Friday, October 24, 19- Personal Mention WILLIAM K. SAXTON, city manager for Loew's in Balti- more, is visiting in New York. • Sterling Way, manager of the Boulder Theatre, Boulder, Colo., and Mrs. Way are in town. Fred Schanberger, Jr., publicist at Keith's Theatre, Baltimore, has re- turned from New York. • Irving Martin, publicist at War- ners' Stanley, Baltimore, will spend the weekend in Norfolk, Va. • Arthur Greenblatt has returned from the South. Blake in Charge of Talent for Selznick Carter Blake, general stage direc- tor last Summer at the Selznick the- atre in Santa Barbara, and for sev- eral years director of the American Academy of Dramatic Arts here, has been placed in charge of talent by Da- vid O. Selznick. Blake will maintain offices here and on the Coast. NEW YORK THEATRES RADIO CITY MUSIC HALL Rockefeller Center FRED ASTAIRE . RITA HAYWORTH "YOU'LL NEVER GET RICH" A Columbia Picture ON GREAT STAGE: "UP OUR ALLEYS"— a gay, spectacular revue, produced by Leonidoff. Symphony Orchestra, direction of Erno Rapee. 1st Mezzanine Seats Reserved Circle 6-4600 Paramount n . U— « Presents "0D Hope Paulette Goddard "NOTHING BUT THE TRUTH" IN PERSON THE ANDREW SISTERS JOHNNY LONG AND BAND PARAMOUNT TYRONE POWER "A YANK in the RAF." with BETTY CRABLE A 20tk Century-Fox Picture PLUS A BIG PQXY 7,h AVENUE STAGE SHOW 50th STREET B'WAY & 47th St. PALACE Henry Fonda • Joan Bennett "WILD GEESE CALLING" —plus 1st N. Y. Run— "WEEKEND FOR THREE" Jane Wyatt - Dennis O'Keefe / — Continuous From 930 A. M. ' ^ A^-V.-POP. PRICES 35' TO I *M;'JQ± " BROADWAY ( o^T^sC. Hollywood, Oct. 23 O CREEN ACTORS GUILD Class A members were given details of the ^ new Army and Navy camp entertainment program at a meeting last night. Professional actors are to appear at 72 theatres at various encampments. Stars and featured players will receive traveling expenses, all others being paid full salaries. The program will be financed by the President's Citizen Committee of the Army and Navy, which will obtain funds from the USO, and an admission charge of 25 cents will be made. • • Norman Moray, Warners short subjects sales manager, announced today that two short subjects dealing with the Ballet Russe de Monte Carlo would be sold separately to exhibitors. The films are "Gay Parisienne" and "Span- ish Fiesta," both two reels in Technicolor. The Ballet is expected to make two more in January, "Prince Igor" and "Blue Danube," and there is a possibility it may run through its entire repertoire in succeeding subjects. • • John Rogers, son of Charles R. Rogers, and Monty Schaff have formed Rogers-Schaff Productions with plans to make three musicals in Technicolor. "Powers Girl" is the first scheduled. They announced that a releasing deai is being discussed. • • Sam Coslow, producer of shorts for coin film machines, today telegraphed Sen. Burton K. Wheeler and members of the Senate subcommittee investigat- ing alleged film propaganda, protesting Sen. Wheeler's recent assertion that such films are improper. Coslow said these pictures are subject to censorship and offered to screen them for the Senators. Power Cut May Hit Southeast Houses Washington, Oct. 23. — Theatres in the Southeastern states may be af- fected by the rationing of electric power in that area, which was seen probable tonight under a tentative program prepared by the OPM to deal with the power shortage in that section. Details of the OPM plan have not been revealed, and no action can be taken to make the program effective until an executive order has been is- sued giving the OPM and SPAB the authority to fix power priorities. Metro Will Preview Show Builder Today M-G-M today at 1 P.M. in the Rose Room of the Hotel Astor will hold a preview exhibition of the trav- eling automotive unit No. 1 of the "show builder," for the trade press and company executives. The exploi- tation device, designed to visit smaller situations throughout the country, is a specially constructed truck, and was conceived by Howard Dietz, director of advertising and publicity. W. R. Ferguson, exploitation manager, is supervising the units. Navy Calls Fairbanks Washington, Oct. 23. — The Navy Department today ordered Douglas Fairbanks, Jr., Naval Reserve lieu- tenant, to active duty with the fleet, but did not disclose the ship to which he has been assigned. THEATRE OWNERS ATTENTION AVAILABLE AFTER OCT. 25 SHOWMAN of EXCEPTIONAL EXPERIENCE and ABILITY Specialist in Circuit or Single Theatre Operation — Anywhere English Is Spoken BUYING — BOOKING — PUBLICITY BOX 202. MOTION PICTURE DAILY Para., F &M Buy Hollywood House Los Angeles, Oct. 23.— Paramount and Fanchon & Marco today an- nounced the acquisition of the El Cap- itan Theatre, Hollywood, which will be jointly operated by them and is designed to provide Paramount with a Hollywood show window. The deal was negotiated by Leon- ard Goldenson, head of Paramount theatre operations, in association with Fanchon & Marco and C. E. Tober- man. The house will be completely remodeled and refurnished under the direction of W. L. Pereira, Paramount studio architect, and Hal Pereira, his brother, a Chicago architect. It is scheduled to be reopened at Christ- mas as the Paramount Hollywood Theatre. It is understood that the company will retain the Paramount Theatre in Los Angeles. Deny Review of Ohio Picketing Decision Springfield, O., Oct. 23.— Declar- ing "that it does not appear from the record that the Federal question pre- sented by the petition was necessarilv decided by the lower court," U. S. Supreme Court denied a review of the decree of the Ohio Supreme Court, restraining- the A. F. of L. from picketing the Liberty Theatre here, according to advices from Washing- ton. In appealing the case, Local 352 of the IATSE said the picketing, which was peaceful, resulted from the the- atres refusal to employ union opera- tors. It charged violation of the con- stitutional right of freedom of speech. 'Yank' in Montreal Shown to RCAFUnit Montreal, Oct. 23. — The opening of "A Yank in the R. A. F." at the Palace here tomorrow will be fea- tured by a guest showing for 400 offi- cers and men of the RCAF Wireless Training School. The trainees will parade to the theatre. Lobby and lounge displays will feature the RCAF theme. Newsreel Parade 'T1 HE Windsors' visit to New Yv\ ■*■ pictures of American troops Iceland, the production of quantiti of the implements of war in vario U. S. plants, and the outstanding fo ball games of last week featured t, newsreel issues. The contents: MOVIETONE NEWS, No. 14— IJ^ troops in Iceland. Stratosphere plane latr in California. Navy tests dive bomber* Buffalo. Mass plane delivery from vario bases. World's biggest bomber dedicated Long Beach, Cal. Britain speeds aid Russia. Girls work on anti-aircraft in En land. Wild bird migration. Army-Yale foe ball. American glider competition, Wurl boro, N. Y. Skiing at Mount Kosciusl Australia. NEWS OF THE DAY, No. 212— U -be attacks on U. S. ships. Training plan ready for U. S. pilots. New York grec the Windsors. Russians greet Nazi ; raiders with bullets. Harriman reports Soviet. U. S. troops in Iceland. Army \ Yale football. PARAMOUNT NEWS, No. 17— Mai hurt in New Jersey train accident. U. troops in Iceland. Coast cement plant tur out emergency orders. New York thrill by visit of Windsors. New York America vs. Columbus in pro-football. Huntii season opens in Oregon. RKO PATHE NEWS, No. 17— Br|tJ ships tanks to Russia. Harriman speaks . Russian aid need. New destroyers commi sioned in Brooklyn. LaGuardia and Smi greet Duke of Windsor in New York. Ai plane laboratory tests plans in Californi Cement output speeded in California plar Niagara span opened. Many injured New Jersey train crash. Fort Monmou vs. Rutgers, football. UNIVERSAL NEWSREEL, No. 26. More U. S. ships sunk. Destroyer launch* at Brooklyn, and submarine at Portsmout N. H. American troops in Iceland. Dough plant dedicates bomber in California. Ma: plane deliveries in Downey. Cal. Engli; tanks bound for Russia. Windsors vis New York. Niagara Falls span dedicate Texas Aggies vs. T. C. U.; New Yoi Americans vs. Columbus, football. Worm wrestlers in New Jersey. Three Circuit Deals Are Closed by RK( Deals on new season RKO produi have been closed with three addition; circuits. Malco Circuit, including 1C Southern houses, has signed for tr second group of five; Robb & Row ley, 85 houses, for the first and secorr blocks, and Associated Circuit, f Ohio houses, for the first and secon groups. MOTION PICTURE DAILY (Registered V. S. Patent Office) Published daily except Saturday, Sunday ai holidays by Quigley Publishing Compan Inc., 1270 Sixth Avenue, Rockefeller Cente New York City. Telephone Circle 7-310 Cable address, "Quigpubco, New York." Ma tin Quigley, Editor-in-Chief and Publishe Colvin Brown, Vice-President and Gener Manager; Watterson R. Rothacker, Vic President; Sam Shain, Editor; Alfred 1 Finestone, Managing Editor; James i Cron, Advertising Manager; Chicago Burea 624 South Michigan Avenue, C. B. O'Nei Manager; Hollywood Bureau, Postal Unic Life Building, William R. Weaver, Edito Leon Friedman, Manager; London Burea 4 Golden Square, London Wl, Hope Wi liams, Manager, cable address "Quigpubc London." All contents copyrighted 1941 t Quigley Publishing Company, Inc. Othc Quigley publications: Motion Pictui Herald, Better Theatres, Internationa Motion Picture Almanac and Fame. Et tered as second class matter, Sept. 23, 193 at the post office at New York, N. Y under the act of March 3, 1879. Subscri] tion rates per year $6 in the Americas an $12 foreign. Single copies lOfc. iday, October 24, 1941 Motion Picture Daily p ; irowne, Bioff Plea or Dismissal Is Denied by Court {Continued from page 1) iding international presidents of a briber of unions. whether these labor leaders will be lied as character witnesses or to tes- k- about some of the alleged trans- itions was not disclosed. Breslin uised to name the leaders but said ■fcrically that William Green. AFL ^^!ident, was not under subpoena and Mild not be called. Long Argument Arguments on the motions for di- nted verdicts lasted almost two jurs, with Martin Conboy, Browne's orney, and John Burling, assistant S. Attorney, the main participants, jinboy's argument stressed almost clusively the three-year statute of ■litations. He argued that the lO.UOO annual payments were com- bed by January, 1938, and that the ree-year statute had expired before e indictment was returned in May, HI, He declared that commission yments of Smith & Aller, Ltd., paid alleged designees of Bioff, which ntinued up to the time of the in- ;tment, were not extortion under the rms of the statute nor under the in- ctment. He said that Smith & Aller ere not victimized because they emselves suggested the agency ar- ngement and that Loew's lost noth- g by the arrangement because they iuld not receive a rebate or cut in ice. Burling asserted that the whole plan jas "a single series of events" begun ith the election to the IATSE presi- ncy of Browne in 1934 and his ap- (intment of Bioff as representative, ie reentry of the IATSE into the isic pact and a series of strikes in J35, and the demand for, and pay- ent of money beginning in 1936 and mtinuing with the payment of com- iissions until the date of the indict- ient, in May of this year. He pointed jt that the reimbursement vouchers 'mtinued until 1940. Loew's Forced, Says Knox Judge Knox interrupted to say that, tter the alleged threats, "Loew's •ansmitted the force of the blow to niith & Aller" who made the pay- hents thereafter. Judge Knox de- clared that the right to choose the yinpany from which to buy raw jtock is "a valuable consideration." I think Loew's was forced to effect trade they would not otherwise do," ie court said. The net result was the ame as if the money was taken from Loew's till." Other formal motions to dismiss for .ailure of the prosecution to prove its •a>e were denied, as were motions to trike from the evidence large por- tions of testimony. Bioff's attorneys relied on Conboy's arguments and idopted them as their own and the ' ourt made similar rulings. There will be only a morning ses- sion today as Judge Knox has other engagements for the afternoon. Booth Fire Is Fatal De Graff, O., Oct. 23. — Explosion of a film in the booth of the Roxy here caused minor injuries to Neal Piper, operator, and fatally burned his 10-year-old sister, who had gone to the theatre with a message for her brother and remained in the booth to see the picture Reviews "Appointment for Love" ( Universal) TP HE complications encountered by newlyweds whose professional 1 careers and laboratory theories of domestic life and jealousy con- found rather than smooth the period of their so-called "adjustment," here provide again the framework for a well-dressed comedy for marital mis- adventures. Margaret Sullavan, as Dr. Jane Alexander, is the exponent of the don't-let-marriage-interfere-w'ith-the-career theory and also the possessor of the scientific disdain of jealousy. Charles Boyer is the disapproving, and up to the last reel, thwarted, husband. As a playwright whose past flirtations have been numerous and whose occupation occasionally thrusts him into rehearsals of amorous scenes out of his plays, his responsibility for the trying situations which plague the couple almost equals those engendered by the wife's professional duties and scientific theories of marriage. Of the latter, the most disastrous is her determination to maintain a separate apartment of her own which, at a time which might otherwise proved romantically rewarding, results in her spending the night alone in his apartment while he is doing the same in hers. Once the whereabouts of each on that particular night had been explained, a single apartment obviously is all that needed thereafter. Rita Johnson and Ruth Terry as carry-overs from Boyer's bachelor days ; Eugene Pallette as his producer ; Reginald Denny as a former friend and patient of Miss Sullavan's, and Gus Schilling as an elevator operator who tries unsuccessfully to mind his own business, contribute excellent support. Cecil Kellaway a- a caretaker and Roman Bohnen as a doctor are good in lesser roles. Exhibitors should find the picture easy to sell on the basis of cast names, and romantic situations and numerous obvious catchlines out of the dialogue. Once sold it is sure to please. William A. Seiter directed in the proper light mood and Bruce Man- ning, producer, has given the picture a generous helping of sleek, rich trappings which it wears with grace. Running time. 90 minutes. "G."* Sherwin A. Kane *"G" denotes general classification. "Three Girls About Town" (Columbia) Hollywood, Oct. 23 COLUMBIA'S •' Three Girls \houX Town" is a madcap farce, chock- ^ full of laugh- based on a variety of situations. The story deals with the efforts of two hotel convention hostesses and the manager attempting to hide the body of a supposedly murdered guest in order that the hotel not be ruined by unfavorable publicity. A newspaperman stumbles onto the secret, identifies the "body" as a government labor mediator, and gets entangled with the law himself, after averting a threatened strik. The mystery of the "body" is uncovered and all ends well. Many of the situations and lines are on the adult side, and some of them tread on various toes. The struggle over the "body" occurs while a morticians' convention is being held, for one. thing. Joan Blondell and Binnie Barnes as the hostesses, Janet Blair as their sister; John Howard a> the reporter, Robert Benchley, as the manager, Eric Blore, Hugh O'Connell, Una O'Connor, Almira Sessions, Dorothy Vaughan, Paul Harvey. Frank McGlynn and Walter Soderling all deliver handsomely in their roles. Leigh Jason directed this William Bischoff production. Running time. 72 minutes. "A."* Vance King *"A" denotes adult classification. 31 Critics Expected For 'Valley' Opening Thirty-one newspaper critics are scheduled to attend the premiere of "How Green Was My Valley" at the Rivoli next Tuesday, it was an- nounced yesterday by 20th Century- Fox. The announcement listed them as follows : Norman Clark, Baltimore News- Post; Charles Howard and Marjory Adams, Boston Globe; Helen Eager, Boston Traveler; Prunella Hall, Bos- ton Post; Peggy Doyle, Boston Rec- ord-American; Joyce Dana, Boston Sunday Advertiser; W. E. J. Martin, Buffalo Courier-Express; E. B. Rad- cliffe, Cincinnati Enquirer; E. V. Dinerman, Cincinnati Post; Arthur Spaeth, Cleveland News; Richard Peters, Cleveland Press; Frank Gill, Detroit Free Press; Al Weitschat, Detroit News; Charles Gentry, De- troit Timers; Robert E. Murphy, Min- neapolis Star-Journal; Keith Wilson, Omaha World-Herald. H. T. Murdock, Philadelphia Public Ledger; Don Craig, Washington News; Nelson Bell, Washington Post; Jay Carmody, Washington Star; Bernie Harrison, Washington Times- Herald ; Lucia Perrigo, Chicago Her- ald American; Doris Arden, Chicago Times; Phil Koury, Kansas City Star; Herbert L. Monk, St. Louis Globe - Democrat; Harold Cohen, Pittsburgh Post Gazette; Kaspar Monahan, Pittsburgh Press; Mitch Woodbury, Toledo Blade; Buck Her- zog, Milwaukee Sentinel; Bruce Pal- mer, Oklahoma City Daily Okla- homan. BVay Patrons Like War Pictures; Three Draw Big Grosses Three pictures with a war theme — "A Yank in the R. A. F.," "Sergeant York" and "Target for Tonight," the latter a British film — are drawing good grosses on Broadway. "Target for Tonight" gave the Globe a "terrific" week estimated at $12,500. It starts a second week to- day. The first week of "Sergeant York," with Phil Spitalny's orchestra, brought the Strand an estimated $40,000. "A Yank in the R. A. F." still going strong at the Roxy, gross- ing an estimated $40,000 for its fourth week, ending last night, and continues. At the Capitol, "Honky Tonk" is still the attraction, having started a fourth week yesterday. The third week's business amounted to an esti- mated $21,500. "All That Money Can Buy" at the Radio City Music Hall, with the stage presentation, drew an estimated $78,000, and was replaced yesterday by "You'll Never Get Rich." 'York' at $23,000 Cleveland Smash Cleveland, Oct. 23. — "Sergeant York" reached a smash $23,000 at slightly increased prices at Warners' Hippodrome. "Our Wife" earned an excellent ^$18,500 at the RKO Palace. Estimated receipts for the week ending Oct. 16-17: "Little Foxes" (RKO) ALLEN— (3,000) (33c-39c-47c) 7 days, 2nd week. Gross: $6,000. (Average, $4,000) "Sergeant York" (W. B.) WARNERS' HIPPODROME— (3,800) (44c- 50c -60c) 7 days. Gross: $23,000. (Average at 33c-39c-47c, $11,000) Our Wife" (Col.) RKO PALACE— (3,100) (33c-47c-55c) 7 days. Willie Howard and "Beachcombers Revue of 1942" on stage. Gross: $18,500. (Average, $13,500) Nothing But the Truth" (Para.) LOEW'S STATE— (3,500) (33c-39c-47c) 7 days. Gross: $13,500. (Average, $11,000) 'Honky-Tonk" (M-G-M) LOEW'S STILLMAN— (1,900) (33c-39c- 47c) 7 days, 3rd week. Gross: $7,000. (Av- erage, $4,000) 'Honky Tonk9 Pulls $13,000 in Toronto Toronto, Oct. 23.— "Honky Tonk" earned $13,500 at Loew's. "Major Barbara" grossed $12,000 at the Im- perial. Estimated receipts for the week end- ing Oct. 18: "Quiet Wedding" (Br.) EGLINTON — (1,086) (18c-30c-48c-60c) 6 days. Gross: $5,600. (Average, $4,500) "Major Barbara" (U.A.) IMPERIAL — (3,373) (18c-30c-42c-60c-90c) days. Gross: $12,000. (Average, $9,000) "Honky Tonk" (M-G-M) LOEW'S — (2,074) (18c-30c-42c-60c-78c) 6 days. Gross: $13,500. (Average, $9,000) "A Yank in the R.A.F." (20th-Fox) SHEA'S — (2,480) (18c-30c-42c-60c-90c) 6 days, 3rd week. Gross: $10,000. (Average, $9,000) "Manpower" (W.B.) "The Smiling Ghost" (W.B.) TIVOLI— (1,434) (12c-18c-30c-48c) 6 days. Gross: $4,000. (Average, $3,900) Unfinished Business" (Univ.) UPTOWN— (2,761) (18c-30c-42c-60c-90c) 5 days, 2nd week. Gross: $10,500. (Average. $9,000) Phila. Exchange Opening Philadelphia, Oct. 23. — After sev- eral postponements, Oct. 29 has been set as the official opening of the new RKO exchange building here. LOEWS, ROCHESTER — WARNER'S AVON, UTICA — LOEWS STATE, PROVIDENCE — • ••'*'•."•'*' UNITED ARTISTS, SAN FRANCISCO — LOEWS MAJESTIC, BRIDGEPORT — WARNER'S CAPITOL, SPRINGFIELD, MASS. — WARNER'S, WORCESTER — LOEWS STATE, SYRACUSE! fiJ ^Lu WA r [ prove it's the year's top AUDIENCE-APPROVAL HIT! * 8 out of 8 cities flash the identical box-office story! "Second day bigger than first . . . third day bigger than second . . . fourth day biggest of all!" If it had happened in one spot, it might be just a happy acci- dent! But it happened the same week in 8 out of 8... and the only answer to that is a GREAT AUDIENCE-APPROVAL PICTURE! "A tense and engrossing show. It's as fresh as newspaper headlines. Terrific suspense and action!" — Liberty Magazine "Has tremendous appeal for the masses. Timely, interesting drama with a fascinating background!" — Showmen's Trade Review "Exciting screen fare, lavishly produced!" — Harrison's Reports "A fine box-office attraction . . . fast-moving, action filled story, crammed with adventure, suspense and excitement." — Motion Picture Daily "Exciting and entertaining melodrama. Should be a business getter in every type of theatre." — Variety "Filled with action and suspense. A spy story of no small proportions, as contemporary as this very minute." — Motion Picture Herald presents Qe&vae 9Una Said BRENT * MASSEY* RATHBONE m m Gene Lockhart- Marjorie Gateson - George Zucco • Martin Kosleck ^^^^r Directed by Tim Whelan • Screenplay by Howard Estabrook From an original story by E. Lloyd Sheldon & Jack DeWitt RELEASED THRU UNITED ARTISTS atch her in more than a hundred cities from coast to coast! Motion Picture Daily Friday, October 24, Report W.B. Put Bernhard Over Sales (Continued from page 1) company owners return to the Coast next week for meetings of the full board. Mary Pickford expects to leave Tuesday and David O. Selznick may leave about the same time. The stumbling block in the discus- sions for Sears to take over the United Artists' presidency was said to be terms asked by the Warner execu- tive, which were viewed by the United Artists' officials as excessive. Bernhard, according to Interna- tional Motion Picture Almanac, has been with Warner Bros, since 1929 and formerly was identified with the Stanley Co. of America. He is presi- dent and general manager of Warner Bros. Circuit Management Corp., op- erating about 430 theatres. Ascap Delays Setting Nets' Pact Deadline With indications now that the new Ascap-networks licensing agreement may be formally closed early next week, the Ascap board of directors deferred action on setting a deadline for the signing of the pact at its meet- ing yesterday. It was intimated, how- ever, that the regular monthly meet- ing of the board next Thursday may take action on a deadline for signing if the agreements with NBC and CBS are not closed by then. Reviews "Weekend for Three" (RKO) Q URRENTLY there appears to be a wave of pictures concerned with the marital problems of young married couples, with jealousy from one source or another rearing its head to provide plot material. This RKO film is of that type and affords a measure of light and unpretentious entertainment. Dennis O'Keefe plays the young husband, with theories on feminine psychology which are not personally practiced; Jane Wyatt is the wife, who gives the husband a few moments' uneasiness, and Philip Reed is the former friend of the wife, who drops in for a weekend, and appears about to stay forever, the while monopolizing the wife and keeping the husband up in night clubs until all hours. Such veterans as Edward Everett Horton, Zasu Pitts and Franklin Pangborn offer excellent support. Irving Reis directed and Tay Garnett produced. Repetitious in plot development, the film nevertheless moves well. Their attempts to get Reed to leave proving useless, O'Keefe and Miss Wyatt resort to trickery. The difficulty with that method, however, is that it sows the seeds of jealousy in the mind of the husband, and later, for similar reasons, in the mind of the wife. The problem resolves itself when the husband and wife leave the house — together. Running time, 65 minutes. "G."* Charles S. Aaronson Para. Petitiojj Decree Escaj On Minn. SaL *"G" denotes general classification. Hard Guy (Producers Releasing) TP HIS is_ a minor melodrama concerning a* night club proprietor who guides his feminine personnel into marrying playboys and then col lects from the victims' social register parents. Jack La Rue, Mary Healy, Kane Richmond, Iris Adrian, Gayle, Mol lott, Jack Mulhall and Ben Taggart are the principals in the film, which was directed by Elmer Clifton with George R. Batcheller in charge of production. Running time, 68 minutes. "A."* Eugene Arneel 'A" denotes adult classification. we to see a \\ tort great owe, Papers— Radio Split Seen Up to Congress Washington, Oct. 23.— Separation of broadcasting and newspapers is de- sirable but involves problems which probably only Congress can solve, the FCC was told today by Irving Brant, St. Louis Star-Times commentator. Testifying at the hearings on news- paper ownership of stations to which the commission is devoting one or two days a week, Brant said diversity in the ownership of communications media is of general benefit but sug- gested it might not be possible now entirely to divorce newspapers and stations. The primary motive of a newspaper in acquiring a radio station, he said, is to "exert more power and influ- ence." In many instances, he pointed out, radio advertising revenues have increased while those of the news- papers owning the stations have de- clined, so that many publishers have come to depend on their radio inter- ests for revenue. (.Continued from page 1) tion might be entered on the grc that if the court were to make an ception of the Minnesota situal similar state legislation might ha acted elsewhere throughout theB try, and that to exempt Pararm alone would not materially relieve product situation in Minnesota. , None of the other consenting c panies has indicated thus far tha intends to follow Paramount's coi by making a similar application Judge Goddard. The Paramount petition was ) by Louis Phillips, home office at ney, and A. C. Bickford of the Si: son, Thacher & Bartlett law firm. Brought Under Decree The action is brought under Seel 23 of the decree which provides an application by consenting C( panies to the court for relief from ligations or prohibitions imposed u them by the laws of any state wl may conflict with the decree. ' Paramount petition asks specific; for release of the company from cc pliance with Sections 3 and 4 of decree, the trade showing and bloc of-five sales provisions, pending det mination of the actions to test constitutionality of the Minnesota 1; Meanwhile, United Artists, wh had planned to close its Minneapi branch tomorrow, has decided to h the exchange open pending the o come of the three test cases in St. P; county court started this week agai Paramount, RKO and 20th Centui Fox. Those cases are expected provide the first determination of 1 constitutionality of the Minnesi anti-block-of-five law, under whi United Artists has stated it cam operate even though it is not bou by the consent decree. Guild Sues Studios On Extras' Overtime (Continued from page 1) atmosphere players, following the final classification of extras as non-exempt from provisions of the Act by the De- partment of Labor. Apparently those negotiations failed, and the suit is the answer. However, Guild Attorney L. W. Beilenson specified in the action that if the suit is compromised with- out proceeding to trial, the Guild will forego the law's double penalty pro- vision. Companies Save U. Money on S. A. Trii (Continued from page 1) travel cost of the Motion Pictu Division has been very light. Recognizing that the limited i sources of the division would not pi mit of unlimited travel expense, t companies have been very cooperati and have shouldered the cost of mai trips, it was said. In this way, t expenses of Walt Disney's recent Laf American trip, said to be about $6.' 000, were paid by RKO. The most extensive traveling by c ficials of the office has been by Jol Hay Whitney and his associate, , Francis Altstock. Whitney, as an c ficial of Pan-American Airlines, e] joys the possession of a pass, whi> he has made use of to save the Go ernment money. Altstock's travelii expenses are said to have amount to about $13,500, between New Yoi and California. Mexican Producer Dies Mexico City, Oct. 22. — Armani Vargas de la Maza, 53, producer at member of an old and prominei Mexican family, died here last wee of a heart ailment. He had been pn ducing for 10 years. v. October 24. 1941 Motion Picture Daily 7 ajors to Get 20,000,000 rom England (Continued from Page 1) fxked funds and remittances of fcct year's earnings, would be ithorized for withdrawal under Knew monetary agreement.] ile the amount reported agreed i is the largest authorized for re- ance since the start of the war, regarded in American trade cir- here as less than had been antici- (d. American interests had asked had hoped for the release of all heir revenue blocked during the two vears, amounting to an esti- ed $40,000,000, and, in addition, sought the right to withdraw all .nue collected during the vear Xo- fber, 1941, to November, 1942. Stress Lease-Lend Aid ■ asking for the full release of r British revenue the American ipanies have stressed the easing of .ain's credit position through the multi - billion - dollar lease - lend sures, and the role of an uninter- ted, full-line service of films in ntaining public morale in Britain .artime. The American companies, jite the fact that their British rev- 't was drastically curtailed by the ■nuns two monetary agreements, ter initiated any move to reduce \>< irtionately the number of films ; to England. fforeover, the past two monetary «cments have contained specific visions for the reopening of nego- lions looking to more liberal with- Uvals in the event that Britain's lar position should l>e improved "ing the course of the agreements, e Americans have repeatedly con- "ded that the lease-lend measures •e accomplished this result. Includes Blocked Funds The withdrawals under the new -eement will consist in part of the ease of some of the American com- •aies' funds which now are blocked, \i the remainder will be in remit- tees out of next year's revenue. The first of the two previous mone- y agreements authorized the with- jiwal of $17,500,000, representing an imated 50 per cent of the average venue of seven companies for the ,o preceding years. The second reement, expiring Monday, permit- 1 the remitting of 812,900,000 by the ?ht major companies, or approxi- itely one-third of their revenue, liversal was covered by a separate reement during the first year of the ir. SMPE Concludes Fall Meeting Here lanagers Hosts at Party in Pittsburgh (Continued from page 1) >st. Harry Kalmine, Warner Thea- es executive here, is chairman. A number of company executives om New York are expected to at- nd. The hosts include : James Alex- ider, Xat Beier, Ira Cohn. Peter ana, Mark Goldman. Herbert Green- att, David Kimmelman, Lew Lef- >n. Arthur Levy. Perry Nathan, tarry Seed and B. D. Stoner. A special plane will leave New ork at 9 A.M., Saturday, Nov. 1. on non-stop flight to Pittsburgh, reach- ig here at 11 :14 A.M. The improvement in the technical quality of films today because of the use of new fine-grain film was out- lined yesterday by V. C. Shaner of the . Eastman Kodak Co., at the conclud- | ing day's sessions of the semi-annual convention of the Society of Motion Picture Engineers at the Hotel Penn- sylvania. The four-day meeting ended with two technical sessions, one in the morning, a fine-grain film symposium, and the last in the afternoon, a ses- sion on sound. Using finer grains of silver pro- duces better pictures and clearer sound. Shaner told the delegates. Other papers on fine-grain film were read bv C. R. Dailv. f. R. Wilkinson. F. L. 'Rich, and L. L. Ryder, all of the Paramount studios. The session on sound was featured by papers on recent improvements in control tracks for theatre reproduc- tion, the design and use of film noise reduction systems, light-valves, and the elimination of reproduction noises as the result of splicing film. The society's next convention will be held in Hollywood in the Spring. Evidence Submitted In Oriental Hearing Chicago, Oct. 23. — Exhibits offered in support of and against motions for dismissal of the Oriental Theatre's clearance complaint were admitted as evidence in the case at the hearing by the local arbitration board today. , Distributor respondents and Bala- ban & Katz, an intervenor, contended today that the clearance relief sought by the Oriental would necessitate a change in the entire clearance sched- ules of the city. The case was ad- journed to Saturday. End Hearing on St. Louis Complaint St. Louis, Oct. 23. — Hearing of the clearance complaint of Victor Thien. owner of the neighborhood Palm The- atre, against Paramount and 20th Cen- tury-Eox, was ended here today. Thien is seeking a reduction of the clearance held by the Aubert and Union. St. Louis Amusement Co. houses, over the Palm. Former Cir- cuit Judge J. Wesley McAfee is ar- bitrator. Para. Shorts Heads Hold Chicago Meet Chicago, Oct. 23. — Fifty-eight inde- pendent wholesale newsdealers of Illi- nois. Indiana. Southern Michigan. Wisconsin and Minnesota today met with Paramount short subject exec- utives at the Stevens Hotel here to plan a campaign for "Superman" shorts. The local tieup is with the Chicago Times in conjunction with first-run showings in Balaban & Katz houses. Attending from the Para- mount home office were Oscar Mor- gan. Monroe Goodman and Manny Reiner. Sell Minneapolis House Minneapolis, Oct. 23.— The Ber- ger Amusement Co. has sold the 300- seat Esquire Theatre here to the American Theatre Co., effective Dec. 1. Berger operates 11 other houses in this area. LESLIE: Ram, dear, please be quiet . . . RAMSEY: I'm not too sick to know what's going on. I know all obout you SANDERSON: Who's to say when sanity ceases and insanity begins . . . ti the border line is as .( imaginary as the Mercy Island Hay (ftoua Middleton • Dickson OTTO KRUGER DON DOUGLAS • FORRESTER HARVEY TERRY KILBURN • WILLIAM MORGAN- Director Screen play by Malcolm Stuart Boylan From the novel "Mercy Island" by Theodore Pratt A REPUBLIC PICTURE Buy- US Defense Bands Watch for more box-office communiques from the man of the hour, George Washington Hope! MOTION PICTURE DAILY First in 50. NO. 83 NEW YORK. U.S.A.. MONDAY. OCTOBER 27, 1941 TEN CENTS nglish Fund 1^37,500,000 At Maximum ithdrawals to Include s20,000,000 Revenue Alajor company heads were in- rnietl at a meeting of MPPDA lurd of directors on Friday that total of currency withdrawals thorized from Great Britain for vear beginning tomorrow may gregate anywhere from $30,000,- 0 to $37,500,000. The withdrawals will consist )f $20,000,000 of the revenue of :he eight major companies jarned in Great Britain during :he ensuing 12 months, plus 30 per cent of the companies' frozen currency in London. Esti- mates of the aggregate amount which the eight companies may have blocked range from $20.- 000,000 to $35,000,000. The eight companies will be author- ed to withdraw $5,000,000 from the (Continued on page 4) (ajors Face Liens On Bioff Payments 'The Treasury Department is pre- iring an income tax assessment rainst all companies which have ad- itted payments to George E. Browne n W illiam Bioff. it was learned Fri- ly at their trial in Federal Court rrc. The assessment will be made i the amounts of such payments by ch company, it was said. According to Internal Revenue De- irtment rulings, it was stated, deduc- ons may be made by corporations 'ily for "ordinary and necessary" ex- cises. Payments such as those de- "ribed by prosecution witnesses, it as pointed out. may have been "nec- tary" but were not "ordinary." A {Continued on page 7) ?itzgibbons Ampa Guest Wednesday J. J. Fitzgibbons, president of Fa- ii"us Players Canadian, will be guest •f honor at the Ampa luncheon nceting at the Hotel Edison on Wed- lesday. Douglas C. Cole, Canadian rade commissioner, also will attend. The meeting has been scheduled for A ednesday instead of the customary Thursday because of other events vhich will conflict. 50 Arbitration Cases Decided to Oct. 15, Total of 129 Brought By SAM SHAIN There have been 129 arbitrations instituted as of Oct. 15, last, under the terms of the Xew York Case Consent Decree. Of this number, 50 have been decided. In 27 of the cases decided, the exhibitor has won some benefit, according to a study of the cases. There are 49 arbitrations pending. Thirty have been withdrawn. The first four decisions by the Ap- peal Board were in favor of the dis- tributors. A fifth decision was against Loew's, under Section 6. There have been no arbitrations in- stituted under Sections 4 and 5. Sec- tion 4 relates to selling in blocks-of- five, and Section 5 concerns the licensing of theatres located in more than one exchange district. This study shows that, in general, arbitrations against the distributors have been decided in favor of the dis- tributors. The reasons are: 1. The exhibitor attempted to se- cure a particular run. 2. The exhibitor's price demands were unreasonable. There have been no arbitrations in- stituted under Section 7. which relates to locally offensive pictures. Arbitration filed under Section 8 (clearance), in some instances have (Continued on page 6) Theatre Television Attempt Brings Suit The first effort to install large screen television in a Broadway thea- tre has failed to bring television to the motion picture screen and has resulted in a law suit instead, it was revealed Friday. Midtown Theatre Corp., op- erator of the Rialto on Broadway, of (Continued on fagc A) Connors Closes Deal With Para.-Richards New Orleans, Oct. 26.— Thomas J. Connors, Eastern, Southern and Canadian di- vision sales manager of M-G-M, conferred for three days with E. Y. Richards and closed a deal for Metro prod- uct for the entire Paramount- Richards Theatre group and affiliates. Richards is believed to be the last Paramount partner "holdout" against M-G-M. After making this deal, Connors is reported to have gone back to New York. NWAlliedAsks Majors Follow Para. On Minn. By ROBERT MURPHY Minneapolis, Oct. 26.— Allied The- atre Owners of the Northwest has called on consenting distribution com- panies to follow Paramount's lead in seeking Federal court exemption from the consent decree in Xew York to permit them to resume selling in Min- nesota in line with the state's anti- block-of-five law. Observers here profess to see in the Allied statement evidence of the increasing gravity of the product sit- uation throughout Minnesota. [The four consenting com- panies, other than Paramount, indicated over the weekend that they have no plans at this time for following Paramount's exam- ple with regard to Minnesota.] In a statement issued here over the weekend, the Allied unit, which spon- (Continued on page 6) Union Wage Rise Will Cost Studios Over $3,500,000 Annually: Casey The 10 per cent wage increase granted this year to unions in the basic studio pact and offered to IATSE studio locals, which the latter have under advisement, will cost the industry between $3,500,000 and S4,000.000 annually, Pat Casey, producers' labor con- tact, declared Fridav following his testimony at the Browne-Bioff trial. Casey explained that many skilled mechanics employed in the studios were being offered employment in defense industries at higher wages and that the increase was necessary to keep them in their present posts. Asked to amplify his statement that a projectionists' strike would have "put the producers out of business" in 1936 or any year thereafter except the current year, Casey said that business has been so good this year that reserves have been built up which would enable the producers to fight if an emergency arose. Kalmenson Is WBSalesHead; Sears Resigns Bernhard Slated as Gen. Mgr.; Leserman Leaves ■ Benjamin Kalmenson was ap- pointed general sales manager of Warner Bros, on Friday by Major Albert War- ner, following the resigna- tion the same day of Grad- well L. Sears. The appoint- ment and res- ignation were effective i m - mediately. Carl Leser- man also re- signed from the company. He was assis- t a n t general sales manager. Together, the two men made their farewells to their Ben Kalmenson The statement of Gradwell L. Sears following his resignation will be found on Page 4. staffs and executives Friday after- noon. Tomorrow, according to report, the company directorate is scheduled to elevate Joseph Bernhard, president and general manager of Warner Bros. Theatres, Inc., to the post of vice- president and general manager of the distributing company. These are new and more important duties which, it is reported, will be assumed by Bern- hard. Kalmenson in a statement said he would appoint a new Western and Southern division manager within a (Continued on page 4) Owners to Consider Acting Head for U.A. United Artists owners this week are expected to consider the appointment of a new acting head for the company if discussions with candidates for the post of president are unsuccessful. David O. Selznick plans to remain here another week or 10 days for con- ferences with prospects, it was stated. Mary Pickford plans to return to the Coast tomorrow. Arthur W. Kelly, U. A. vice-presi- dent, is at present acting head. Whitney to Coast On S.A. Film Plans John Hay Whitney, chair- man of the motion picture division of the Office of Co- ordinator of Inter-American Affairs, left for California last night. He will be on the Coast about a week, during which he expects to meet with directors of the Motion Pic- ture Society for the Americas, Inc., to report on his recent trip to South America and make preparations for his group's future plans. Darryl Zanuck Due For 'Valley' Opening Darryl F. Zanuck, vice-president in charge of 20th Century-Fox produc- tion, will arrive by American Air- lines this morning from the Coast to attend the opening at the Broadway Rivoli tomorrow night of "How Green Was My Valley." Herman Wobber, general sales man ager, is due from the Coast tomor- row. Donald Crisp and Walter Pidgeon, of the film's cast, will ar- rive with Mrs. Pidgeon this morning by train from Hollywood. The opening will be sponsored by a committee headed by Mrs. Cushing Roosevelt for the benefit of the Navy Relief Society, and navy atmosphere will predominate. A U. S. Navy band will play before the theatre, and a vocal concert will be given in front of the house by the Welsh Women's Chorus, supplemented by a male chorus. They will sing Welsh songs as featured in the film. SPG Again Votes for Referendum on CIO The Screen Publicists Guild of New York has voted to hold a referendum immediately on the question of the organization's affiliation with the CIO Screen Office and Professional Em- ployes Guild. A previous referendum scheduled had been canceled. LaGuardia Rally Today Personalities of the screen, stage and radio will hold a "stars party for Mayor LaGuardia" at 12:30 today at the Hotel Astor. The luncheon is under the auspices of the Theatrical, Motion Picture and Radio Committee for the Reelection of LaGuardia, Mc- Goldrick and Morris. BROADWAY PLAYS "BRILLIANT! . . . MIRACULOUS!" — Danton Walker, News GERTRUDE LAWRENCE in the Musical Play "LADY IN THE DARK" ALVIN, 52 St. W. of B'way— Mats. Wed. & Sat. Mail Orders Promptly Filled Motion Picture Daily Personal Mention If RED QUIMBY, in charge of short * subjects at the M-G-M studio, ar- rived here over the weekend with Mrs. Quimby, via American Airlines' Mercury. • Arthur Lee is scheduled to arrive from a month's visit on the Coast today. • H. A. Starke of the Universal stu- di o on the Coast and Mrs. Starke are visiting in New York. • Gabriel Pascal flew here over the weekend from the Coast on a TWA Stratoliner. • L. M. Bleakley, Maurice Metz- ger, S. Anderson and R. Vandette have returned to Montreal after at- tending the SMPE convention here. • Herman Shiffrin, formerly of M-G-M, is now in the Army at Ft. Eustis, Va. LEO SPITZ returned yesterday from Chicago. • A. J. Seeley, Keith's Theatre, Syra- cuse, and J. W. Sawyer, Shea's Thea- tre, Buffalo, have returned from the SMPE convention here. • L. A. Brown, Eastern technical representative for J. E. Brulatour, Inc., is recuperating at Bedford, N. Y., after an operation at Mount Kisco Hospital. • Joseph Pasternak is due today from the Coast. • Angelo Cerroxe of Fishman Thea- tres, New Haven, and Lillian Si- clari were married in New Haven yesterday. • William Waldholz, chief of mo- tion picture distribution for the Fed- eral Housing Administration, is on a trip to the Coast. Para. Meeting on 'Purchase' Nov. 14 Paramount will hold a meeting of district managers at the Drake Hotel, Chicago, Nov. 14-15, Neil Agnew, general sales manager, has announced. The meeting will be devoted to dis- cussing merchandising plans for "Louisiana Purchase." In addition to Agnew, home office executives to attend will include Charles M. Reagan, assistant sales manager ; J. J. Unger and G. A. Smith, division managers ; Oscar A. Morgan, short subject sales manager; G. B. J. Frawley, Robert M. Gill- ham, director of advertising and pub- licity, and Alec Moss, exploitation. Roosevelt Permits Portrayal in Film Hollywood, Oct. 26. — President Roosevelt has granted permission to Warner Bros, to portray him as a character in "Yankee Doodle Dandy," to be based on the life of George M. Cohan. James Cagney will play the lead. The actor playing the part of the President will be seen in opening and closing sequences. Show Builder Unit Is Previewed by Metro Al-G-M's automotive unit No. 1, first of a proposed fleet of trucks, known as "show builder" units, and designed to tour the country with ex- ploitation aids, was previewed at the Hotel Astor on Friday, with members of the trade press and M-G-M execu- tives present. Maureen O'Sullivan, M-G-M star, christened the truck, followed by a brief talk by Howard Dietz, director of advertising and publicity, who con- ceived the exploitation plan. Intro- duced were H. M. Richey, William R. Ferguson, exploitation manager, and Edward Carrier, Ferguson's as- sistant. Other company executives present included : William F. Rodgers, E. K. O'Shea, E. M. Saunders, Si Seadler, Oscar Doob and C. K. Stern. Monday. October 27. 1 Trust Suit Revived Despite Settlemei Philadelphia, Oct. 26.— The ai trust suit filed in 1939 bv the Hat son Brothers in behalf of' their sub ban Lansdowne Theatre, seeking tri damages of $250,000 against the ei: major distributors and Warner Th tres will come up for final hear Nov. 10 in Federal District C - here before Judge William H fa Patrick. To all intents and purposes the c; was considered settled out of c<. early last Summer and the new tt of events is considered most unusi in view of the fact that the settlem, included leasing of the Lansdow to the Warner circuit. Attorneys for the plaintiffs stat that the settlement with the distril tors has failed to prove satisfactory actual practice and that the action w proceed against them, with Vitagra (Warners) included and Wan- Theatres dropped as a defendant, was also stated that the Harris Brothers would seek only a moneta award since they no longer open the house. Subpoenas were issued for distri utor and exchange officials to appe at the trial as witnesses. George M. Cohan was reported as esting comfortably at Flower-Fifth Ave. Hospital over the weekend. Set Stork Club Preview Twentieth Century-Fox will hold a night club preview of the new film Hot Spot" at the Stork Club on Wednesday at 4:30 P.M. PRC Closes Deals For New Product Producers Releasing Corp. has closed several circuit deals on new season product. They include : Light- man Circuit, Warners and Ike Notes, Washington territory; Bijou Amuse- ment Co., and Martin Circuit, At- lanta ; Indiana-Illinois Circuit and Gollos Brothers, Chicago, and P. J. D. Theatres in four towns, Seattle "A GREAT SHOW" — Herald Tribune 50C. $1 & $1 -50 PLUS TAX NO HIGHER 2ND YEAR — 2ND EDITION of the Sensational Musical Icetravaganza HAPPENS ON ICE at America's Only Ice Theatre Center Theatre, Rockefeller Center. CO 5-5474 Eves except Monday. Mats. Wed.. Sat. & Sun oQI Seats for Every Pert. 50c. EVGS. AT 8-40 It MITCHELL MAY, Jr. CO., INC. INSURANCE Specializing in requirements of the M otion Picture Industry 75 Maiden Lane, New York 510 W. 6th St. Los Angeles Irving Trust to Wind Up Payments to RKO Federal Judge William Bondy on Friday authorized the pavment by the Irving Trust Co. of $8,892 to RKO as the last funds due from the Irving Trust as former receiver to the film company. At the same time the court authorized the destruction of a num- ber of papers and records still held by the receiver. Club Appeals for Tickets for Blin Detroit, Oct. 26.— The local Var ety Club, sponsoring the concert hei Wednesday of Alec Templeton, blir pianist, has appealed to Detroiters ( buy extra tickets so many of the city blind will be able to attend. Reque's have come to the Variety Club froi blind persons desiring to hear Ten pleton, and the Club has asked Si contributors send their checks fc tickets to motion picture editors of th city's newspapers. Proceeds from th concert will be used for charitv. Wins B&K Award Chicago. Oct. 26.— Milton Ofhcei manager of the Iris Theatre, has beei awarded the John Balaban gold tro phy for the best managing effort ii the past three months, together witl a cash prize of $100. Trophv i awarded every quarter bv Balaban t Katz. Press Room at State Al Rosen, manager of Loew's State on Broadway, is preparing a press room off the mezzanine of the theatre for the use of critics and other news- papermen covering the Times Square sector. Pages will be available to take copy to the newspaper offices, if necessary, Rosen stated. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday an holidays by Quigley Publishing Companv 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 Fmestone, Managing Editor; James A Cron, Advertising Manager; Chicago Bureau 624 South Michigan Avenue, C. B. O'Neill Manager; Hollywood Bureau, Postal Uniot 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 Picture Almanac and Fame. En- tered as second class matter, Sept. 23, 1938, at the post office at New York, N Y., under the act of March 3. 1879. Subscrip- tion rates per year $6 in the Americas and $12 foreign. Single copies 10c. A MESSAGE TO THE CRITICS WHO HAVE COME FROM ALL OVER THE NATION TO COVER of at the Rivoli Theatre, New York, Tomorrow Night (Tuesday, Oct. 28) I JAY CARMODY of the Washington (D. C.) Star . . You will always remember "How Green Was My Valley" for that great ioment when young Huw learns to walk again! NORMAN CLARK of the Baltimore News-Post . . . Your heart will thrill when Beth Morgan faces the angry strikers and arns them not to harm Gwilvm, the father of her sons. PEGGY DOYLE of the Boston American . . . You will get your greatest lift when the letter arrives from the Queen nviting the Welsh chorus to sing at the palace! FRANK P. GILL of the Detroit Free Press . . . You will always remember the moment when Dai Bando, the "prize- ighter, avenges Huw in the school-house. CHARLES HOWARD of the Boston Globe .... You will sit on the edge of your chair when the siren shrills "mine disaster!" and a shadow falls on every living soul in the Valley. LUCIA ABBOTT PERRIGO of the Chicago Herald- American «... You will be deeply moved by that moment when Gruffydd and Angharad surrender their unspoken love with but a single kiss! more tomorrow! Motion Picture Daily Monday, October 27 Kalmenson Is WBSalesHead; Sears Resigns (Continued from page 1) short time to fill the post he left. He added that any appointments he makes will be from within the Warner ranks. On the day before, Warner Bros, announced that Sears was continuing with the company, following the end- ing of Sears' discussions with U.A. representatives relative to the presi- dency of U.A. It was indicated then that Bernhard would be general man- ager and it was known that Kalmenson was slated as his assistant in charge of sales, in effect sales manager. How- ever, three hours hardly had elapsed when that situation shifted — because Sears was to stay. On Friday, even before the home offices opened, the trade was aware that Sears would leave, this time defi- nitely, and that Leserman was leaving with him. Sears Has No Plans Sears in his statement said he had no immediate plans except for a two- months' vacation. In announcing Sears' resignation, Harry M. Warner, presi- dent of Warners, stated: "I sincerely regret Mr. Sears' decision to leave Warner Bros. In his association with the com- pany during the past 21 years, Mr. Sears has been a vital force in the growth of this company to its present position of prom- inence in the entertainment field. He at all times has com- manded the utmost respect and admiration of his associates in Warner Bros, and in the indus- try as a whole." "I know," Warner continued, "that Mr. Sears will bring credit to any company with which he is associated, and will continue to further the growth and pres- tige of one of the world's rank- ing industries." Kalmenson, the International Mo- tion Picture Almanac records, was with the Crucible Steel Co. of Amer- ica for 10 years prior to joining First National in Pittsburgh in 1927. He was promoted to manager of the com- pany's branch in Albany, transferred to Omaha and Kansas City as man- ager and returned to Pittsburgh in January, 1932. Two years later he resigned as Warner-First National manager in Pittsburgh to become chief booker for Warner Theatres in that city. Later he left the theatre department to become Central District manager for Warners with headquar- ters in Pittsburgh and in December, 1937, was promoted to Southern and Western sales manager. Started Under Schaefer According to the International Mo- tion Picture Almanac, Sears, who worked as a projectionist while at- tending school, started with the World Film Co. in New York as a salesman under George J. Schaefer. This was after his discharge from war service with the A. E. F., from which he re- tired as a first lieutenant. Later he was transferred to the St. Louis office, and subsequently worked for Republic Sears Praises Warner Bros. On Leaving After 21 Years The following is the statement issued by Gradwell L. Sears, upon re- signing from Warner Bros. : "I have resigned today my position as general sales manager of Warner Bros. Pictures, Inc., and as president of Vitagraph, Inc., the resignations to be effective immediately. After 21 years with the Warner organization, it is a step that I naturally have taken with a great deal of feeling. I leave with the greatest friendship and the greatest respect for the gentlemen with whom I have worked so long. Proud of Warner Bros. "I take considerable pride in the standing of Warner Bros, today in the motion picture industry. I am very proud that I have had a part in build- ing the Warner organization into a leader in the entertainment industry in those same years that the entertain- ment industry was becoming one of the great industries of the world. The path that the Warner company chose was not always the easiest way, but courageous leadership brought it to the top of its field. I am proud of what part I may have played in that. "My plans for the immediate future are quite indefinite. What I want most right now is to go hunting for two months at least. The details of what will come after will have to wait. "Now that I am no longer responsi- ble to them, I should like to say frankly what I think of the three brothers for whom I have worked so long, Harry, Jack and Albert Warner. I believe that they have earned a fam- ily respect the equal of that of any family in the world. "Harry Warner is one of the out- standing citizens of our country today, a great patriot in a time when the country needs great patriots, a sincere and intelligent liberal, a generous giver of his time and money in civic and charitable causes, and a business man of unquestioned ability and in- tegrity. Lauds Production Head "Jack Warner is one of the pro- duction geniuses of the film business. The high level that motion pictures have attained in recent years is due in no small part to the art and effort that Jack Warner has applied to the productions he has made in the studio in Burbank, Calif. "Major Albert Warner has con- tributed more than his good share to the successful direction and operation of an enterprise that is as large and as necessarily complex as a modern mo- tion picture company like Warner Bros, must be. "The affection, devotion and loyalty of these three brothers to one another and to their company has been an in- spiring example." 'Truth* in Baltimore Tallies Neat $15,000 Baltimore, Oct. 26. — "Nothing But the Truth" measured up with $15,000 at Keith's, while "Honky Tonk" scored $16,200. Estimated receipts for the week ending Oct. 16 : "Hanky Tonk" (M-G-M) CENTURY — (3,000) (28c-44c) 7 days. 2nd week. Gross: $16,200. (Average, $10,000) "Nothing But the Truth" (Para.) KEITH'S— (2,406) (15c-28c-33c-44c) 7 days. Gross: $15,000. (Average, $9,000) "A Yank in the R.A.F." (20th-Fox) NEW— (1,581) (15c-28c-35c-55c) 7 days, 2nd week. Gross: $9,500. (Average, $7,000) New York Town" (Para.) STANLEY — (3,280) (15c-28c-39c-44c-55c) 7 days. Gross: $10,000. (Average, $12,000) "Ladies in Retirement" (Col.) HIPPODROME— (2,205) (15c-28c-44c-55c- 66c) 7 days. Stage show with Yvette; Four Samuels; Don Cummings, Equillo Bros, and Sibyl Bowan. Gross: $17,000. (Average, $14,000) Distributing Corp., Selznick and Vita- graph. He joined First National Pictures as salesman in December, 1920, in Chicago, and was named Cleveland branch manager in 1925. He was transferred back to Chicago as branch manager in 1928 and the following year was appointed Southern and Western division sales manager. He was named general sales manager for the South and West for Warner Bros. Pictures in March, 1931, and in 1935 became vice-president of Vitagraph, Inc. In August, 1937, he was ad- vanced to general sales manager, and in February, 1938, was elected presi- dent of Vitagraph, Inc., the Warner distributing subsidiary. Theatre Television Attempt Brings Suit (Continued from page 1) which Arthur Mayer is managing di- rector, filed proceedings in the N. Y. Supreme Court to confirm an arbitra- tion award of $1,891 against Scophony, Ltd. Paul Raibourn, in charge of tele- vision for Paramount, was arbitrator. He ruled that Scophony had breached a contract made on May 16 to lease large screen television equipment to the Rialto. The award provided that if Scophony provides a television re- ceiver to the theatre within the year, payments of damages should cease. A large screen receiver had been in- stalled in the Rialto and several tests were made but the FCC ordered sev- eral changes in television standards, including an increase in lines from 441 per frame to 525, and the set was not adapted to those standards, Mayer said. Mayer's announcement that he would have large screen television in his house followed by one week a demonstration by RCA of a major prize fight shown on large screen tele- vision over leased telephone wires. Although RCA planned to have the special telecasts made available to theatres only over telephone lines, Mayer said he planned to pick the regular telecasts of NBC and CBS off the air. A considerable flurry among radio lawyers was caused by this announce- ment as there is some question as to the right to use broadcasts or tele- casts for commercial purposes. English Fund { $37,500,OOOi At Maximur (Continued from page 1) new year's earnings on and after Is] 1, and a like amount during each s., ceeding quarter. Withdrawals fr< the blocked funds will be permittiX two equal amounts on Nov. 1' April 1. It was stated that there is no ac rate estimate of the frozen money e! plicable to the release agreement, d the fact that the language of t agreement itself is subject to differi interpretations which would affect t withdrawal amount and, also, that is not known precisely the amoui which individual companies may ha "frozen." It was pointed out that one or tvj of the companies have employed th< blocked British revenue to liquids i their indebtedness in Great Britaj and, therefore, these have little or j| blocked currency to their credj Others have depleted their block sterling through production in En | land and the acquisition of Americ; j distribution rights to British films. The MPPDA directors on Frid; discussed methods of apportioning tlj sums authorized for withdraw among the eight companies. Indie, : tions are that the $20,000,000 out • earnings for the ensuing year will 9 divided as they were under this year agreement on a percentage based o each company's British billings frt last year. A division of opinion exists ove the apportionment of the withdrawa from blocked funds. It has been a< vocated that this allotment, too, fj divided on the same basis as the ean ings withdrawals. However, oth< companies, pointing to the discrepanc in the status of some companies th; have been in a position to make use ( eir blocked funds in England, an therefore have small balances frozen are advocating what they conten would be a more equitable division. 'Yank' at $10,700 Indianapolis Hig) Indianapolis, Oct. 26. — "A Yanl; in the RAF'' turned in a strong $10,700 at the Indiana. "Honk Tonk'" did $9,500 at Loew's. Th weather was warm. Estimated receipts for the week end ing Oct. 17: "It Started With Eve" (Univ.) "Sing' Another Chorus" (Univ.) CIRCLE — (2,800) (28c-33c-44c) 7 dav» Gross: $6,800. (Average, $6,500) "A Yank in the R. A. F." (20th-Fox) "Charlie Chan in Rio" (20th-Fox) INDIANA — (3,200) (28c-33c-44c) 7 davs': Gross: $10,700. (Average, $7,000) "Honky Tonk" (M-G-M) "Tanks a Million" (U. A.) LOEW'S— (2,800) (28c-33c-44c) 7 days, 2nd week. Gross: $9,500. (Average, $8,000) "Hold Back the Dawn" (Para.) "Flying Blind" (Para.) LYRIC— (2,000) (28c-33c-44c) 7 days, 2nd1' week. Gross: $3,800. (Average, $4,500) Union Head Found Dead Detroit, Oct. 26. — Edward L. King, business agent of stage employes' Lo- cal 38, IATSE, is believed to have committed suicide. Officials previous- ly had decided to drop charges of pad- ding the State Fair payroll which were pending against him. rr icLy, October 27, 1941 Motion Picture Daily hort Subject Reviews ill Democracy 'Survive?" ternational Forum) ilumbia) nother in the series of William viand's International Forum sub- which follows in theme and stag- le pattern set by the earlier pro- tions. The discussion principals e are Senator Claude Pepper of dda, Fannie Hurst, Rear Admiral rncll and Johannes Steel, who ex- ;nge views on the resources of the fzis and the chances for Allied vic- y with American aid. The consen- is that democracy will survive, inning time, 20 mins. Release, Oct. 1941. iristocrats the Kennel" oort8 Review) )th Century-Fox) the camera covers a dog show and its numerous Eastern kennels to eal the painstaking care and train- 1 lavished upon the potential canine impions by their owners. The sub- 't, an Ed Thorgersen sports review, ; good explanatory commentary ich should heighten its interest for : uninformed and make it a wel- ue screen morsel for the initiated, inning time, 10 mins. Release, Sept. 1941. Welcome Little tranger" erry-Toon Cartoon) IO//t Century-Fox) The ugly duckling shows up in the icken family again in this Terry- oon in color. Lacking in originality e result is no more than mildly nising. Running time, 7 mins. Re- ase, Oct. 3, 1941. The Gallup Poll" olumbia Panoramic) Columbia) The method of conducting a Gallup ill is presented in this subject. Gal p opinion samplers and the type of ople whose opinions they solicit are picted, together with explanatory >i>mmentary on the system employed id examples of the results obtained tie subject lacks cohsion. Running no, 10 mins. Release, Oct. 17, 1941. Dog Obedience" Jportscope ) RKO Pathe) The training of dogs to respond to >mmands is the subject matter of this ibject, and although it will be of :iquestioned fascination for dog-fan- j'ers and dog lovers, others may find rather below the standard of these dually active sport reels. Running me, 9 mins. Release, Oct. 3, 1941. Reviews "Top Sergeant Mulligan" {Monogram) Hollywood, Oct. 26 ON the basis of its pre-release exhibition at the Los Angeles Or- pheum, a downtown house which splits emphasis between pictures and vaudeville (in this case with Gene Krupa's band on the stage), this cantonment comedy possesses what it takes to keep an audience happy. It had this one steadily amused, frequently in stitches. In common with other comedies about draftees, this one contains a hardboiled top sergeant, two rookies who are victims of his whim, some gag situations that click, some that don't quite, some routines in which other characters participate and, finally, a slapstick finish in which one jeep pursues another at breakneck speed over mountain roads. It also contains a song number by Felix Bernard and Ray Klages which could become a hit, "$21 a Day — Once a Month." Top name in the cast as listed is Nat Pendleton, but Frank Faylen and Charles Hall, as the rookies, dominate the action and the interest, with Sterling Holloway, as a camp loan shark in uniform, cutting him- self in for plenty of laughs. Marjorie Reynolds, Carol Hughes and Betty Blythe carry the feminine assignment, with Dick Elliott, Tom Neal, Maynard Holmes and Wonderful Smith completing the male roster. A separate paragraph is due Wonderful Smith, the Negro who spark- plugs the Red Skelton radio program, seen here in a long and virtually solo sequence which rates among the funniest routines ever filmed. Lindsley Parsons, producer, Jean Yarbrough, director, and Edmond Kelso, scenarist, have a good deal to be proud of in this contribution to the gaiety of the season, a trim and pointed picture affording a wealth of entertainment. Running time, 70 minutes. "G."* Roscoe Williams "Billy the Kid Wanted" {Producers Releasing) THIS is average western fare, with a bit more fist fighting than usual, though there is also plenty of riding and shooting. Buster Crabbe, as Billy the Kid, and his companions, Al (Fuzzy) St. John, who is called upon to supply the humor, and Dave O'Brien aid some farmers who are at the mercy of a crooked realtor. Some surprises and suspense is created by having O'Brien fight with Crabbe. Eventually the audience and the real estate operator's men and a rival gang discover that the quarrel was only a device to start general fighting. Finally both Crabbe and O'Brien are captured and are ordered to fight it out, but they capture both mobs instead. Sigmund Neufeld was the producer and Sherman Scott, the director, kept the action moving after a slow opening. The cast also includes Glen Strange, Charles King, Slim Whitaker, Howard Masters, Choti Sher- wood and Joe Newfield. Running time, 64 minutes. "G."* M. Q., Jr. The World of Sound" Cinescope Series) Columbia) The development of aids for the ard of hearing is presented with pic- arial samples of their manufacture .rtd application, with particular em- hasis on the latest audio devices. The ubject is of a technical nature and of mited interest. Running time, 10 pins. Release, Oct. 3, 1941. Short Subject Reviews * "G" denotes general classification. "Sucker List" (Crime Does Not Pay) {M-G-M) This is a good addition to the series, whipping up excitement and interest as it presents the case of an or- ganized racetrack tipster service which victimizes those found to be in need of money. One of the victims threat- ens to expose the gang and is beaten and later dies. A witness to the crime informs the police, who promptly close in on the crooks. Running time, 21 mins. Release, Sept. 27, 1941. "Donald's Camera" (Disney Cartoon) (RKO) Donald Duck decides to be humane and "shoot" with a camera instead of a gun. He goes into the woods and what happens to him when he at- tempts to take pictures of a stubborn and uncooperative woodpecker, sends him racing back to town for all the arms and ammunition he can carry. An amusing subject in the Disney style. Running time, 7 mins. Release, Oct. 24, 1941. "Uncle Joey Comes to Town" (Terry-Toon Cartoon) (20th Century-Fox) Another variation of that ever- popular cartoon theme, "when the cat's away the mice will play," this Terry- Toon subject offers its share of amusement to any not overweary of the theme. It is merely a new back- drop for the cartoonists' familiar rodent antics. Running time, 7 mins. Release, Sept. 19, 1941. "In the Sweet Pie and Pie" (All Star Comedies) (Columbia) A reversion to the pie-throwing comedies of the old Sennett days, this two-reel subject with the Three Stooges overdoes the pastry-tossing slapstick to a degree which must be seen to be believed. There are only rare flashes of what might be called comedy. The remainder defies classi- fication. Running time, 17 min. Re- lease, Oct. 16, 1941. "Don Winslow of the Navy" (Universal) HERE is a serial with a ready- made potential audience which conceivably can run into almost as- tronomical figures, because it is based on a highly popular comic strip of the same title, handled by Bell Syndicate, and an equally popular radio adven- ture series. Also, the subject matter is concerned with the United States Navy, which cooperated in producing. Henry MacRae, associate producer, gave the material excellent produc- tion values, and Ford Beebe and Ray Taylor, co-directors, have kept the pace at white heat, as the effort of a destroyer commander to clean up an enemy submarine base in the South Pacific brings him face to face with one thrill situation after another. Striking Navy maneuver shots feature the opening of the first chapter. Don Terry plays the lead as the destroyer commander, and John Litel is the leader of the enemy agents. In support are Claire Dodd, Anne Nagel, Sam- uel S. Hinds and Walter Sande, in particular. There is reason to believe that some adult appeal is inherent in the material, if it holds its pace, and of course, there is no question about unlimited youngster appeal. The first chapter runs 25 minutes, the others will run about 20 minutes each. The serial will have 12 chapters. Release, Jan. 6, 1942. "Sailors With Wings" (The March of Time) (RKO) A history of the development of U. S. Naval Aviation and revealing phases of its current state comprise the latest March of Time release. All types of planes operated by the Navy are pictured in training and practice flights, and the enormous organization behind naval operations is indicated in camera flashes of the Navy Depart- ment at Washington, training centers throughout the country and by means of maps depicting the projected vast expansion of America's air forces. The subject is interesting and informa- tive and is impressive from the sug- gestion it leaves of a great American air power already in existence. Run- ning time, 21 mins. Release date, Oct. 24, 1941. "Glacier Trails" (Magic Carpet Series) (20th Century Fox) An escorted tourists' trip over Glacier National Park's scenic trails is the eye-satisfying experience pro- vided by this Lowell Thomas Magic Carpet subject. The camera work is excellent, the commentary good and the Montana scenery is well worth the film attention given it here. Running time, 10 mins. Release, Sept. 26, 1941. "Army Champions" (Pete Smith Specialty) (M-G-M) Here is a subject that should stir a good deal of interest. The film shows various army guns in operation, including trench mortars and heavy artillery. Shattered targets attest to their accuracy. Running time, 10 mins. Release, Oct. 10, 1941. 6 Motion Picture Daily Monday, October 27, 1 50 Arbitration Cases Decided Of 129 Filed (Continued from page 1) resulted in a reduction of clearance. Where the exhibitor attempted to se- cure a change in playing position against competing theatres, under the guise of arbitrating clearance, his ef- forts were generally unsuccessful. Two arbitrations were brought pur- portedly under Section 9, which re- lates to the withholding of prints. Both were dismissed. Many of the arbitrations filed under Section 8 also have been filed under Section 10, which concerns sale of a run to a circuit. In most of the in- stances the decision was that the rights of the exhibitor under that sec- tion did not accrue until after three months' refusal to license 1941 -'42 product. Dismiss Phila. Case; 2 Others Are Filed Two arbitration complaints were filed in New York and New Orleans and a decision dismissing a Philadel- phia clearance complaint was handed down over the weekend. The New York case was filed by Luxor-Bleecker Amusement Corp., op- erator of the Waverly Theatre, 323 Sixth Ave., Manhattan, against RKO, Vitagraph and 20th Century-Fox. The complaint seeks relief under Sections 6, 8 and 10 of the decree, involving some run, clearance and a designated run. The Art Theatre on East Eighth St. is named as an interested party. Claim Clearance Changed The complaint charges that the Waverly formerly had a run ahead of the Art and seven days' clearance over it, but that the distributors now refuse to license the Waverly unless it fore- goes the run and clearance over the Art. The latter is a member of a buy- ing- combine, the complaint states. It is understood to be operated by Ru- goff & Becker for Herman Wein- garten. The New Orleans case was filed by W. A. Fonseca & Sons, operating the Ashton Theatre, New Orleans, and seeks an adjustment of clearance and a designated run from all five consent- ing companies. The Poplar Theatre is named as an interested party. The complaint charges that the dis- tributors have refused to license the Ashton earlier than 60 days after the Poplar. Contending- that the two the- atres are too far apart to be competi- tive and that the 60-day clearance is unreasonable, the complaint asks that the theatres be declared in separate zones and that the Ashton be granted a run immediately after Canal St. first runs. Dismissal in Philadelphia In Philadelphia, S. Eugene Kuen, Jr., arbitrator, dismissed the clearance complaint of N. Herman Bornstein, operator of the Hatboro Theatre, Hat- boro, Pa., against the five consenting companies. The arbitrator ruled that the present seven-day clearance of Warners' Grove at Willow Grove, Pa., over the Hatboro is reasonable. Summary of Arbitration to Oct. 15 Exhibitor Albany Instituted Withdrawn Pending Decided Won Some Benefit 9 0 0 2 2 Atlanta 2 - 0 2 0 0 Boston 6 0 2 4 3 Buffalo 5 3 1 1 1 ' ? 0 0 2 1 Chicago 7 2 3 2 1 Cincinnati 4 0 1 3 0 Cleveland , 1 1 0 0 0 Dallas 5 1 2 2 1 Denver 3 2 0 1 1 Des Moines . . . 0 0 0 0 0 Detroit 6 2 4 0 0 Indianapolis . . 0 0 0 0 0 Kansas City. . 3 1 2 0 0 Los Angeles . . 4 1 2 1 1 Memphis 3 1 1 1 0 Milwaukee . . . 2 1 0 1 1 Minneapolis .. 3 1 1 1 0 New Haven . . . 5 0 3 2 1 New Orleans . 3 2 0 1 0 New York , , , 23 7 9 7 6 Oklahoma City 1 1 0 0 0 Omaha 1 0 1 0 0 Philadelphia . 13 o 6 7 A *T Pittsburgh . . . 3 0 1 2 0 Portland A 1 ' 1 0 St. Louis 6 2 3 1 0 Salt Lake 1 0 0 1 0 San Francisco. 4 1 1 2 0 Seattle 0 0 0 0 0 Washington . . 9 1 3 5 4 Total .... 129 30 49 50 27 Costs were assessed equally among the parties. Also in Philadelphia, Rupert C. Schaeffer, Jr., was designated arbitra- tor for the clearance complaint of Col- umbus Stamper, operator of the Rivoli, and hearing was set for Nov. 6. The Philadelphia hearing on the clear- ance complaint of A. M. Ellis in be- half of his Parkside, Camden, N. Y., was continued to Nov. 7 after a sec- ond dav of testimony on Fridav. Del. House Wins Clearance Relief Washington, Oct. 26. — The Den- tonia Theatre, Dentonia, Md., was granted modified relief in its clearance complaint against the Reese, Harring- ton, Del., just over the state line, in a decision given by Joseph A. Can- trell, arbitrator. Loew's was ordered to permit the Dentonia to exhibit its pictures immediately after the Reese. The latter has had seven days' clear- ance. Costs were assessed against Loew's and the Reese, which is oper- ated by Reese B. Harrington. Sam Mellitts operates the Dentonia. Milton W. King, treasurer of the District of Columbia Bar Ass'n, has been appointed arbitrator in the Lin- den Theatre, Baltimore, clearance complaint against Paramount, Vita- graph and RKO by the American Ar- bitration Ass'n. This marked the first time parties to a local arbitration pro- ceeding had failed to agree on an ar- bitrator. The complaint names Metco Theatres and Grand Amusement Co.. Hearing has been tentatively set for Nov. 5. was adjourned to Nov. S by Edmund M. Brady, arbitrator. The clearance proceeding- of the Booth Theatre here will be heard Nov. 6, and the specific run complaint of the Parkside Theatre here on Nov. 7. Arbitration Office Here Is Moving American Arbitration Association headquarters will be transferred from the U. S. Rubber Bldg. to the 11th floor of the Time & Life Bldg., Rocke- feller Center, next Fridav. Detroit Board to Hear Three Cases Detroit, Oct. 26. — Hearings on two clearance cases and one specific run complaint will be held on three suc- cessive days here, Nov. 5, 6 and 7. The hearing on the clearance com- plaint of the Gale Theatre, Galesburg, Mich., which started last Wednesday, 'Honky Tonk' Is Minneapolis Best Minneapolis, Oct. 26. — "Honky Tonk" drew $13,000 at the State. "Citizen Kane" attracted $8,500 to the Orpheum. Estimated receipts for the week end- ing Oct. 17-18: "Honky Tonk" (M-G-M) STATE — (2,300) (28c-39c-44c) Gross: $13,000. (Average, $6,000) "Citizen Kane" (RKO) ORPHEUM — (2,800) (28c-39c-44c> Gross: $8,5CO. (Average, $5,500) "Barnacle Bill" (M-G-M) GOPHER-(998) (28c) 8 davs. $3,000. (Average, $2,500) "Hold Back the Dawn" (Para.) CENTURY— (1,600) (28c-39c-44c) 2nd week. Gross: $5,500. (Average, $4,000) "You'll Never Get Rich" (Col.) WORLD— (350) (28c-39c-44c-55c) 7 days, 2nd week. Gross: $1,800. (Average, $1,600) "Flying Blind" (Para.) (4 days) "Blondie in Society" (CoL) (4 days) "Meb Town" (Univ.) (3 days) "Tillie the Toiler" (Col.) (3 days) ASTER — (900) (I7c-28c) 7 days. Gross- $1,800. (Average, $1,800) days. days. Gros days. *U' Signs Shaindlin Jack Shaindlin has been signed to compose the musical score and con- duct a symphonic orchestra for "Cav- alcade of Aviation," a Universal short subject to be made at the Eastern Service Studios. NWAlliedAsfcj Majors Follow Para, On Mini (Continued from page 1) sored the Minnesota law declan "There is no legal reason why a theatres in Minnesota should forced to close for lack of the 1* motion pictures or why the other^i consenting distributors cannot foro| the same course of action to meet t i requirements of the state law as 1 now been taken by Paramount." The statement said that Pai mount's action in applying for exerr tion from the sales provisions of t decree in the New York Fedei court sustains the position consistent held by Allied that Section 23 of ti consent decree, pertaining to reli measures from state legislation, is binding as Sections 3 and 4, whi provide for the trade showing ai selling of new season product blocks of five or less, contrary to tl Minnesota law. The statement also pointed to cor ment by Judge Hugo O. Hanft in hi recent decision denying the injunctic to halt enforcement of the state la on applications by six major distribi tors. Judge Hanft wrote that "the: is no merit in the contention" that would constitute contempt proceedinj in New York to abide by the Minw sota act. Allied also pointed out that the court stated: "There exists the strong presumption that the act is constitutional and valid and that stands unless and until it is declared uncon- stitutional by the proper court." Meanwhile, local exchange official report theatres in many localities ai ready operating on curtailed schedule for lack of good product and other contemplating doing so. The situa tion will hardly be relieved by th local legal actions against Paramoun RKO and 20th Century-Fox for al leged violations of the state law, i was said, since hearings are not sched uled to start in the case until Nov. 2 and, regardless of the outcome, ap peals are likely to be taken by eithe side. Hearing on Paramount's applica tion for an exemption from the de cree's sales provisions to permit tin company to sell in Minnesota is sched uled for Friday in New York and ; prompt decision is expected. Protest Billboard Ban in Milwaukei Milwaukee, Wis., Oct. 26. — A group of neon sign dealers is organ- izing to protest a proposed ordinance drafted by City Building Inspectoi Leon M. Gurda, to keep billboards and certain signs off Milwaukee': wide traffic arteries. It was said thai the ordinance would outlaw ever) sign on an important right of way, including electric signs on theatres. Thelma Strabel Married West Redding, Conn., Oct. 26 — Thelma Strabel, author of "Reap the Wild Wind," was married here yester- day to David P. Godwin of the U. S. Forestry Service. tfav. October 27. 1941 [ ajors Face ax Liens on toff Payment Motion Picture Daily (Continued from fii'J<-' D Supreme Court ruling has up- this contention, it was stated. ^ principal witness a> the defense Mi its case Friday was Pat Casey, facers' labor contact. Under direct hination by Michael Luddy. attor- t'or Bioff, he testified that Nicho- (VI. Schenck. president of Loew s, not present at the Saturday morn- basic pact meeting on April 18, .. This was the date on which •nek had previously testified (Aiie and Bioff had submitted their quotation of $50,000 from the cipal companies and $25,000 from others, to Schenck and Sidney R. t. president of 20th Century-Fox. Dates Cleared Up he discrepancy in dates, however, quickly cleared on cross-exami- ion when Casey explained that he given the dates to C. C. Mos- itz and mistakenly had told the sr that Schenck had attended all meetings. asey declared that nobody had ever him that Browne or Bioff were jig paid money, or that they had janded any, or of any threat to |r problems y and had nothing to do with the- te labor. He said the closing of the- •es in 1935-193o would have "put !- producers out of business"' and it this condition obtained up to the •?>ent year but was no longer true. Tells of Disputes Tasey began with the situation in J3 when the International Brother- oil of Electrical Workers and the TSE were contending for jurisdic- m over soundmen. The IATSE tlidrew from the basic pact that year d its membership in the studios popped from five or six thousand to lout 150, with the IBEW and the rpenters dividing the membership 'tween them. In 1935, after the Chi- go theatre strike. Browne demanded at IATSE men be restored to the adio, Casey continued, and Schenck Id Casey that lie wanted the IATSE stored to the basic pact because it Juld save Loew's a great deal of luble in the theatres. 1 Leaders of the other unions in the id objected to the restoration of the ATSE but after insistence by Browne at his men "were not going to be eked around" and a Sunday confer- ice which lasted from 10 A.M. to 8 -M.. the other unions agreed to the Off the Antenna THE bands of Kay Kyser, Guy Lombardo, Sammy Kaye, Tommy Dorsey and Eddy Duchin will be the first five heard on "Spotlight Bands," the six-nights-a-week Coca Cola show which starts over Mutual Nov. 3. The sixth band, in the Saturday night spot, will be selected by a nationwide survey to determine which has made the best-seller phonograph record of the week. • • • Program News: George Jessel will return to radio Friday, 6:45-7 P.M., on WEAF in a one-man show called "Here's Looking at New York." Greater New York Breweries, Inc.. is the sponsor. . . . Vick's Chemical Co. has re- newed "News for Women" over CBS and has expanded the schedule to five times Weekly, 3-3:15 P.M. Monday through Friday, beginning today. . . . Illinois Meat Co. will use participations in Arthur Godfrey's program over, W'.IBC beginning next Monday. • • • The four NBC Symphony concerts to be directed by Leopold Sto- kowski, Tuesday evenings, Nov. 4-25, will be played in the Cosmopoli- tan Opera House (formerly Mecca Temple) instead of the network studio due to the large demand for tickets, it was announced. Instead of the usual free admissions, tickets will be sold at prices ranging from 55c to $1.65. • • • Edwin P. Curtin, formerly an advertising agency publicity director, and now an Army captain at Camp Wheeler, Ga., is producing a series of transcriptions which will be aired over WINS here and WDRC, Hart- ford, Conn. Trainees arriving from the New York or Hartford areas will get a chance to speak to the folks back home. Pvt. Bill Stynes, former WIN'S announcer, will conduct the interviews. The music for the program will be conducted by Pvt. Harrison Cooper, former arranger for bandleader Herbic Kay, and Pvt. Thomas Hanlon. formerly with WBRY, Danbury, Conn., will handle engineering details. The unusual case of a network delating a program to the meteoric rise of the star of a rh-al web be presented Sunday zvhen Norman Corwim will produce "The Rise ami Fall oi Henry Morgan" as the last of the "26 by Cor- win" series over CBS. Morgan, now a Mutual headlines, previously has appeared on the Corwin series and will play the title role. • • • WBYN will be ready to increase its power to 1,000 watts day and 500 night in about four weeks, it was said Friday. The station recently obtained permission for the power increase from the FCC. WBYN now operates on 500 watts day and night. NBC Accepts Beer and Ale Sponsorship NBC has decided to accept beer and ale advertising on its network, thus abandoning its policy of re- fusing network business from spon- sors who advertise alcoholic bev- erages, it was learned over the weekend, and has taken the Bal- lantine Ale and Beer account away from .Mutual for broadcast on about 80 stations of the Blue net- work. The program, "Three Ring Time," which features Milton Berle, Charles Laughton, Bob Crosby's band, Shirley Ross and Bill Godwin, started on Mutual in September. Although the 13-week contract on Mutual will not have expired by Tuesday. Nov. 7, it will start over NBC on that date. Mutual refused to comment on the situation but it was reported that the sponsor is prepared to pay for the time over Mutual, if necessary, in order to start over NBC- Blue on the scheduled date. Although NBC has accepted beer and ale accounts over its wholly owned single stations in the past, such sponsors have been consistently re- jected for the network. The code adopted by the National Association of Broadcasters bans only "hard or spirituous liquors," making ion of beer. On the other "Working Manual" issued for the guidance of its staff ing agencies and sponsors on the net- work's program policies, declares: "Alcoholic beverages may not be ad- vertised on any network program." no men- hand, the by NBC advertis- restoration and the producers accepted their decision. Casey also testified to disputes over jurisdiction with the American Society of Cinematographers, the IATSE de- mands for a closed shop and 10 per cent increases granted the IATSE in 1936 and 1937. The first witness for the defense was a typist employed by the Postal Telegraph Co.. who testified that she had transcribed a telegram signed by Mr. and Mrs. Harrv M. Warner to Mr. and Mrs. William Bioff in Feb- ruary, 1938, wishing the latter "bon voyage" as they were about to em- bark on a vacation cruise. After ob- jecting to admission of this testimony, Mathias F. Correa, U. S. Attorney, brought out on cross-examination that the stenographer did not know who signed the telegram or who sent it, except that it came over the Warner Bros, direct wire. Defense counsel were unable Friday to state who the next witnesses would be. They said that they would spend the weekend conferring about the pro- cedure. Miss. Broadcasters Form Association Jackson, Miss., Oct. 26. — Represen- tatives of 12 stations formed the Mis sissippi Broadcasters Association at a meeting here. Officers elected were : C. J. Wright. WFOR Hattiesburg. president; H. M. Smith, WAML, Laurel, vice-president; L. M. Sepaugh, WSLI, Jackson, secretary-treasurer. "Don't change The Little Flower for Poison Ivy" TODAY 12:30 Festive Luncheon— Astor Hotel "STARS' PARTY FOR MAYOR LAGUARDIA" Gayety in the Grand Ball Room ! Everybody will be there! Enjoy the lighter side of the campaign. If you haven't made reservations phone Circle 6-4600 or come over and we'll find room for you. (Tickets $1.75 each). Broadcast over WHN from 1:45 to 2:30. You've Got a Show To Sell ! J * Use your eyes... use your ears... use your head. If pictures sold themselves, life would be one sweet song. You'd book your pictures and let the money pour in. ★ But friend, what a price you'd pay for your product. * Pictures must be sold and you're the fellows who must do the selling. You've got the quick contact with the people who buy. ★ SELL THEM. ..Don't wait until they come to you. Don't rely on the grape- vine. Spread the news so that everybody, every- where, old enough to be interested in entertainment will know. * That means ADVERTISE . . . put on a show to sell your show... and let the PRIZE BABY help you. nATionRL^2?££2/£ SERVICE Standard Accessories. ..Specialty Accessories. ..Trailers iert, o the potion icture custry MOTION PICTURE DAILY MOVE First in and Impartial 50. NO. 84 NEW YORK, U.S.A., TUESDAY. OCTOBER 28, 1941 TEN CENTS rosses Boom •n Broadway •ver Weekend ruth,' 'Dumbo,' Among 3ig First Run Leaders - • Broadway's weekend business was »orted by theatre managers as jniendous. The new Bob Hope ncdy, "Nothing But the Truth," h the Andrews sisters and Johnny ng*s orchestra on the stage, Dssed an estimated $30,000 Sat- Jay and Sunday at the Para- wmt. The show completes its st week tonight with an estimated 6.000 expected. Valt Disney's "Dumbo" brought the oadway an estimated $11,000 Satur- I and Sunday, which is said to be record for the house. It had nine wings Saturday and seven on Silli- ly. At the Radio City Music Hall, ou'll Never Get Rich," with the tge presentation, drew an estimated 5,i)00 Thursday through Sunday. Tonight Broadway focuses its atten- m on the opening of a new picture, Bow Green Was My Valley," at the toIj. Although it was an ordinary Au- Din weekend, it looked like a suc- ssion of holidays as a majority of st-runs, with both holdovers and (.Continued on page 12) Senate Film Inquiry Resumption Monday Indicated by Clark Washington, Oct. 27. — Hear- ings on motion picture propaganda may be resumed next Monday, it was disclosed today by Senator D. Worth Clark of Idaho, chairman of the propaganda inquiry sub-commit- tee. Clark said he planned to confer at the earliest opportunity with Senator Charles W. Tobey of New Hampshire, who has just returned to Washington after a long absence. Later he will meet with other mem- bers of the sub-committee to ascertain lefinitely whether it will be satisfac- tory to them to resume hearings next week. The sub-committee has not yet seen any of the pictures charged with propaganda, and the chairman said it was uncertain when members would find time to view them. ,000 at Testimonial or James P. Clark Philadelphia, Oct. 27. — Almost 0n0 persons attended the all-industry stimonial dinner this evening at the ellevue-Stratford Hotel sponsored by le local Variety Club in honor of anies P. Clark. The dinner marked Clark's elevation > chairmanship of the Democratic ity Committee and was in tribute as ell to his many charitable acts. In ddition to industry members, attend- ig were many prominent political gures, both Republican and Demo- (Continued on page 12) In Today's Issue Three reviews: "Swing It Soldier," "Zis Boom Bah," "Public Enemies," Page 11. Readers' Say-So, Page 2. Key City grosses, Pages 11, 13, 14. Shorts reviews, Page 13. Phila. Clearance Is Affirmed on Appeal The arbitration appeals board yes- terday affirmed a decision handed down at the Philadelphia appeal board denying a change of clearance to the Hill Theatre, suburban house, on Paramount, RKO and Warner prod- uct. The appeals board handed down no opinion in connection with its deci- sion, but cited the findings of the ar- bitrator who heard the case and stated that the appeals board concurs and (Continued on page 12) Second Jap Payment Due in Frisco Today A second installment of $215,000 to the eight major distribution companies under their monetary agreement with Japan is payable today at the Yokohama Specie Bank in San Francisco. The companies were paid a first installment of a like amount last month after ob- taining Federal Reserve licen- ses in compliance with the Executive order freezing Jap- anese assets in this country. A third payment of a similar amount is due the eight com- panies early in December, with a final payment in Janu- ary. The payments are out of the companies' 1937 Jap- anese revenue. Bioff Seeks to Shift Blame on Film Officials Taking the stand in his own behalf, Willie Bioff yesterday in Federal Court, before Judge John C. Knox and a jury, quickly indicated the line which the defense testimony would take in his trial for extortion, when he attempted to shift the accusing finger from him and his associate, George E. Browne, to persons in the industry. Questioned by his lawyer, Michael Luddy, Bioff testified broad- ly about his money dealings but in- (Contimted on page 14) Majors Discuss Division Of Money from England Major company heads met at MP- PDA offices again yesterday to discuss methods of apportioning the new Brit- ish remittance amounts among the eight major companies. No final agreement was reached, so far as could be learned late yesterday. The $20,000,000 authorized for with- drawal from Britain out of the en- suing year's distribution revenue is expected to be apportioned among the companies on the basis of their per- centage of total British billings. However, several different methods of dividing the 50 per cent of blocked (Continued on page 12) Myers Will Address Wis. IT PA Convention Milwaukee, Oct. 27. — Among those scheduled to address the conven- tion of the IT PA of Wisconsin and Upper Michigan Nov. 4 and 5 at the Schroeder Hotel here are: Abram F. Myers, general counsel of national Allied ; Sidney E. Samuelson, busi- ness manager, Allied of Eastern Pennsylvania, Inc. ; J. E. Flynn, Chi- cago, district manager for M-G-M ; Charles M. Reagan, assistant gen- (Continued on page 12) W. B. Branch Heads to Meet Here Friday Called by Kalmenson ; Leserman Resigns All Warner branch managers w ill meet at the home office Friday and Saturday, the first session called by Ben Kalmenson in his new capacity as general sales man- ager for the company. Warner yesterday announced the resignation of Carl Leser- man, assistant general sales manager, and vice-president of Vitagraph, Inc. The Leserman resignation was reported ex- clusively in Motion Picture Daily yesterday. Commenting on Leserman's resigna- tion, Major Albert Warner, vice-presi- dent of Warners, issued the following statement : "It is with sincere regret that Warner Bros, accepts the resig- nagtion of Carl Leserman. His asso- ciation with us has been most pleas- (Continued on page 12) 1,500 Attend Rally To Boom LaGuardia New York show business turned out en masse yesterday for the luncheon for Mayor Fiorello H. LaGuardia at the Astor, given under the auspices of the Theatrical, Motion Picture and Radio Committee for the Reelection of Mayor LaGuardia. John Golden was honorary chair- man. Louis Nizer, chairman, intro- duced the Mayor to the estimated 1,500 persons present. Among the film companies and or- (Continued on page 12) Allied Unity Group To Confer in N. Y. Chicago, Oct. 27. — Jack Kirsch, president of Allied Theatre Owners of Illinois, and a member of the na- tional Allied committee for industry unity, will leave for New York to- morrow to confer with distribution officials on Allied's unity plan. Kirsch will be joined in New York by Sid- ney E. Samuelson, also a member of the Allied unity committee. A meeting of Illinois Allied at the Congress Hotel here today discussed new season's sales policies. About 50 exhibitors representing 105 thea- tres were present. Motion Picture Daily Tuesday, October 28, 194] New Kaufman-Ferher Play Opens Tonight "The Land Is Bright," a new play by George S. Kauf- man and Edna Ferber, bows in tonight at the Music Box with Martha Sleeper, Phyllis Povah, Diana Barrymore, Leon Ames, Arnold Moss and Hugh Marlowe in the cast. Max Gordon is the producer. Cantor Show Opens At Hollywood Dec. 5 Eddie Cantor will open his stage version of "Banjo Eyes" at the Holly- wood Theatre on Dec. 5, it is an nounced by Warners. It will start out- of-town bookings Nov. 7 in New Haven, then will go to Boston and Washington before the opening here. At the conclusion of the . stage play run, Cantor will appear in a film version for Warners, according to plans. Rosenfield Is Named To 20th-Fox Ad Post Jonas Rosenfield, Jr., formerly with Donahue & Coe, advertising agency, has been named advertising copy chief for 20th Century-Fox by A. M. Bots- ford, director of advertising and pub- licity. Rosenfield replaces Frank Moneyhun, last week promoted to Botsford's executive assistant. NEW YORK THEATRES RADIO CITY MUSIC HALL Rockefeller Center FRED ASTAIRE • RITA HAYWORTH "YOU'LL NEVER GET RICH" A Columbia Picture ON GREAT STAGE: "UP OUR ALLEYS"— a gay, spectacular revue, produced by Leonidoff Symphony Orchestra, direction of Erno Rapee. lit Mezzanine Seats Reserved Circle 6-4600 Paramount „ . u Presents BO" "Ope Paulette Goddard "NOTHING BUT THE TRUTH" IN PERSON THE ANDREWS SISTERS JOHNNY LONG AND BAND PARAMOUNT TYRONE POWER "A YANK in the RAF." with BETTY CRABLE A 20th Century-Fox Picture PLUS A BIG PQXY 7th AVENUE STAGE SHOW 50th STREET B'WAY & 47th St. PALACE JOAN BENNETT— HENRY FONDA "WILD GEESE CALLING" & "WEEKEND FOR 3" DENNIS O'KEEFE — JANE WYATT Personal Mention T AMES MULVEY, vice-president »J of Samuel Goldwyn, Inc., is recup- erating at Doctors Hospital after an emergency appendicitis operation per- formed on Saturday. • F. J. A. McCarthy, Southern and Canadian sales manager for Univer- sal, left last night for Dallas, Okla- homa City and New Orleans. He is due back next week. • David Milgram, head of Affiliated Theatres, independent Philadelphia circuit, has left for a vacation at Hot Springs, Ark. • Haskell Masters, United Artists Western sales manager, is expected back from a Middle Western trip at the end of the week. • Fred Kent and Frank Rogers are in town from Jacksonville, Fla., for Paramount home office conferences. • Leonard Golden son and Sam Dembow have returned from the Coast. • George J. Schaefer is expected in New York Thursday from Hollywood. • N. L. Nathanson is in town. • Sidney Kramer of RKO became a father Friday evening when a son was born to Mrs. Kramer at Beth Is- rael Hospital. • L. W. Conrow, Altec Service pres- ident, is back in town from a field trip. • Jesse L. Lasky is due today from the Coast. • Mitchell Leisen has arrived from the Coast. pHARLES C. PETTIJOHN, MPPDA general counsel, under- went a minor operation at United Hospital, Portchester, N. Y., yester- day. He is expected to be discharged from the hospital in a week. • Dan O'Shea and Ernest Scanlon, officials of Selznick-International Pic- tures, are here from the Coast. • Lou Jackson of Anglo-American films, who was scheduled to leave for London today, has postponed his de- parture. • Gertrude Merriam of. the Mana- gers Round Table department of Mo- tion Picture Herald is resting comfort- ably at Park West Hospital after an appendicitis operation performed on Saturday. • B. B. Kreisler, short subject sales manager of Universal, left yesterday for Norfolk, Va. • C. G. Keeney, manager of the Park Theatre, Reading, Pa., became a grandfather last week when a daugh- ter was born to Mrs. John J. Miller, the former Dorothy Keeney. • Mike Wolfish, RKO booker in Philadelphia, and Charlotte Rich- bart were married recently in Buf- falo. • J. Lalor Joyce, manager of the Hippodrome, Pottsville, Pa., became the father of a son last week. • James C. Rumel, Warner booker in Philadelphia, became, the father of a daughter recently. • Arthur Menken, Paramount News cameraman, has arrived from the Orient. 'Ecstasy' Banned in Pa. Philadelphia, Oct. 27— The Penn- sylvania censor board has again re- fused its seal of approval for "Ec- stacy." It marked the eighth time that the picture was submitted for review and was turned down. Rosalind Russell to Col. Hollywood, Oct. 27. — Columbia has signed Rosalind Russell to a five- year contract beginning next Febru- ary, to make two films a year. JACK SHAINDLIN Musical Direction Just Completed "WHAT'S STEWIN* " (Columbia Pictures' Musical) "BOMBER" (Office for Emergency Mgt. Film Unit) Now in Preparation "CAVALCADE OF AVIATION" (Universal Pictures' Special) "WOMEN IN DEFENSE" (Office for Emergency Mgt. Film Unit) Narration by Eleanor Roosevelt 3 "STRANGER THAN FICTION" SUBJECTS (Universal Pictures) 3 "VARIETY VIEWS" SUBJECTS (Universal Pictures) Also a motion picture for INTERNATIONAL PETROLEUM CO. (Produced by John Bransby) Victor Schertzinger Rites on Wednesday Hollywood, Oct. 27.— Funeral ser- vices for Victor Schertzinger, 52, film director and composer, who died yesterday, will be held Wednesday morning at the Little Church of Flow- ers at Forest Lawn Memorial Park. At the time of his death he was directing "The Fleet's In" for Para- mount. After work Saturday he re- tired and apparently died in his sleep. He was a pioneer in the develop- ment of film-music coordination. Schertzinger won early recognition as a violinist, appearing with the Vic- tor Herbert Symphony Orchestra in Philadelphia, and later with Sousa and others. He prepared the musical score for a Thomas Ince film, "Civili- zation" and this led to direction. He also was well known as a song writer. He leaves his widow and two daugh- ters, Patricia and Paula. Plan AFRA in Rochester Rochester, Oct. 27.— Organization of a Rochester local of the American Federation of Radio Artists is the goal of Hyman Faine, field repre- sentative, who has arrived here. Readers 9 Say-So Editor, Motion Picture Daily : In your issue of Oct. 20, I notia a letter from an exhibitor, regarding \ my original comment on gossip writ ers who take advantage of a few lib erties. However, his remarks were tr\i tirely different, because he speaks o; local critics. Therefore, the mattei should be clarified. In my original letter, I was not2» ferring to directly-paid employesPf newspapers, radio stations or maph zines, who operate under supervision of said owners. I was only referring to a few indi-l viduals who operate on a wide com-l mercial scale, digging up "dirt," and] lease or syndicate their gossip, on J rental basis to all newspapers desirina the service. I thought I would pass this along! so fellow-exhibitors won't take thei wrong attitude toward local critics! who are justified in expressing theiiL personal opinions, pro or con. Thj final judge will always be our box office, so let's have opinions from any one, as long as they are frank an sincere, and do not touch on pert; personal matters and slanderous ac cusations. Ed Harris, Glendale Theatre Glendale, Calif. in : RKO Executives to New Phila. Brancli Ned E. Depinet, distribution head, will lead a delegation from the RKO home office who will attend the open- ing of the company's new Philadel- phia exchange building tomorrow. The party will leave here by train tomorrow morning. Included will be A. W. Smith, Jr., Cresson E. Smith, Robert Mochrie, Harry Michalson, S. Barret McCor- mick, A. A. Schubart, William Sav- age, M. G. Poller, Harry Gittleson and W. J. McShea. Pool Toledo Houses Toledo, O., Oct. 27.— Skirball Brothers of Cleveland, and Smith, Beidler & Kumler, local operators, have pooled the local Pantheon and Palace. The two will show first and second _ run films, at 20 and 30 cents admission, including tax. Hold Jacob Seltzer Rites Hollywood, Oct. 27. — Services were held today for Jacob Seltzer, 70, father of Frank, Jules and Walter Seltzer, publicity men, who died Sat- urday. The widow also survives. 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 Picture Almanac and Fame. En- tered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscrip- tion rates per year $6 in the Americas and $12 foreign. Single copies 10c. NO GUESS- WORK! Here's what's coming from The Friendly Company. THAT'S HOW YOU SPELL IT! What's coming from M-G-M? Can M-G-M keep up the sizzling pace? What is to follow "Jekyll & Hyde," "Honky Tonk" and the other big early season M-G-M entertainments ? No guess-work. Here they are : Many are completed, others are in production. The best is yet to come, among them the Greatest attractions in M-G-M history. That means the Greatest in Film history. For instance, see what follows! 13 The crowds will soon be heading for MICKEY ROONEY JUDY GARLAND "Come out of the kitchen, housewife. It's better than 'Babes in Arms'." "Put it off till tomor- row, Mr. Business Man. Take the wife to see Mickey and Judy's new triumph." "Declare a school holiday, Mr. Mayor. It's more fun than 'Strike Vp the Band' " "Even this can wait, sweetheart. Let's get going to 'Babes on Broadway'." Completed! Previewed! M-G-M's "Babes on Broadway" is the biggest package of enter- tainment that ever flooded your screen with talent, song, heart-throbs; and your box- office with gold. (Plenty more — Keep going) WITHOUT PANAMA HATTIE! - r rr LISTEN TO YOUR PATRONS: "'Panama Hattie' has been previewed in California!" "The reports say it's a sensation !" "That's the big Broadway musical hit!" "Filmed in the M-G-M manner. Oh boy!" "Ann Sothern, Red Skelton — what a combination!" "With a top-notch comedy cast and Cole Porter tunes!" "Bring on 'Panama Hattie,' Mr. Theatre Manager!" "We'll be there!" "PANAMA HATTIE" Starring ANN SOTHERN, RED SKELTON with "Rags" Ragland, Ben Blue, Virginia O'Brien, Alan Mowbray, Dan Dailey Jr., Jackie Horner • Screen Play by Jack McGowan & Wilkie Mahoney • Directed by NORMAN Z. McLEOD. Produced by ARTHUR FREED. THE WOMAN OF THE YEAR will be THE PICTURE OF THE YEAR! PENCER TRACY, KATHARINE EPBURN in "WOMAN OF HE YEAR" • A GEORGE fTEVENS' Production with Fay ainter, Reginald Owen, priginal Screen Play by Ring lardner, Jr. and Michael 'anin • Directed by GEORGE iTEVENS • Produced by OSEPH L. MANKIEWICZ. u Completed! Previewed ! It's positively Terrific! It's got that Philadelphia Story" Box-office stamina! Long life at Your show-shop! Weather-proof. The kind of show that brings the dough in rain or snow: (Continue on next page, please) PUT YOURSELF IN THIS PICTURE! Ride with the Winner! (continuing M-G-M coming attractions!) Completed! Previewed! Another big M-G-M Show on the way to you! ROBERT TAYLOR LANA TURNER JOHNNY EAGER' A MERVYN LeROY PRODUCTION with EDWARD ARNOLD, Van Heflin, Patricia Dane, Henry O'Neill, Diana Lewis • Screen Play by John Lee Mahin and James Edward Grant • Directed by MERVYN LeROY • Produced by JOHN W. CONSIDINE, Jr. // Completed! Previewed! Add it to the sure* fire box-office shows from Leo ! ROSALIND RUSSELL WALTER PIDGEONm MISS ACHILLES' HEEL' (title to be changed) with EDWARD ARNOLD, Lee Bowman, Mary Beth Hughes, Barbara Jo Allen, Guy Kibbee • Original Screen Play by Lionel Houser • Directed by NORMAN TAUROG • Produced by JOHN W. CONSIDINE, Jr. II Completed! Previewed! The best-selling novel to the life! Another Big One! H. M. PULHAM, Esquire starring HEDY LAMARR ROBERT YOUNG RUTH HUSSEY with CHARLES COBURN, Van Heflin, Fay Holden, Bonita Granville • Screen Play by King Vi dor and Elizabeth Hill • From the novel by John P. Marquand • Directed by KING VIDOR Wish I had more space to tell you about- In production NORMA SHEARER, MELVYN DOUGLAS in "We Were Dancing," based in part on Noel Coward's "Tonight at 8:30". . . Just finishing at press- time, SHIRLEY TEMPLE {she's twelve and terrific now) co- starred with HERBERT MARSHALL, LARAINE DAY in "The Girl On The Hill". . . Coming JEANETTE MacDONALD, NELSON EDDY in the Broadway stage smash musical "I Married An Angel". . . And the new KILDARE picture is shaping up swell . . . And "Tarzan's Secret Treasure," the first one in two years, is awaited by the fans ... In production "Mr. and Mrs. North" the New York stage delight (GRACIE ALLEN's in it) . . . WALLACE BEERY's "Steel Cavalry" (of course, Marjorie Main, too) . . . GREER GARSONS's next is "Mrs. Miniver," the best-seller. She's co-starred with WALTER PIDGEON . . . "The Vanishing Virginian" has a swell Frank Morgan role . . . And wait 'til the folks hear about RED SKELTON in "How To Win Friends and Influence People" based on the Dale Carnegie book sensation . . . And more happy hits in preparation from the Studio that never fails you! (Turn please) ii THIS PHOTO TELLS ITS OWN STORY The men who pass through these portals may not be the world's most beautiful males but they're FRIENDLY. This is the door of the M-G-M Home Office Sales Department. Note that it is open. Note also the Welcome on the mat. The mat was placed there when this picture was made so that the photo would express truly the spirit that lives there always. And this symbol is duplicated in spirit in every M-G-M Branch Office throughout the land, as well as in those far places of the world where the Lion still bravely carries on. The Open Door policy at M-G-M was not born yesterday. It has existed all the years we have been in business and out of its opera- tion M-G-M came to be known as THE FRIENDLY COMPANY. To say it simply: "Your M-G-M representative wants to know your problems. He cannot know them until you tell him. The door is always open." Welcome Mr. Exhibitor! Printed in U.S.A October 28, 1941 Motion Picture Daily 11 - Truth' Takes Kig $24,000, Los Angeles Los Angeles. Oct. 27. — "Nothing tut the Truth" and a stage show ■ew a strong $24,000 at the Para- ount, while "The Little Foxes," on ^lual in the second week, scored well T>oth the Hillstreet and Pantages. Kstimated receipts for the week nling Oct. 22: nteraational Lady" (U. A.) Uoon Over Her Shoulder" (20th-Fox) CHINESE — (2,500) (33c-44c-55c-~5c) 7 ij,. Gross: $10,000. (Average, $12,000) Fantasia" (Disney) CARTHAY CIRCLE — (1,518) (55c-$1.65) jays, .!Stli week. Gross: $6,800. (Average, 7.UU0) Sundown" (U. A.) 4 STAR— (900) (44c -55c) 7 clays. Gross: 0. (Average, $3,250) Citizen Kane" (RKO) HAWAII— (1,100) (33c-44c-55c-75c) 7 days. s: $10,400. The Little Foxes" (RKO) Two Latins from Manhattan" (Col.) HILLSTREET— (2,700) (33c-44c-55c-75c) 7 , "Foxes" 2nd week. Gross: $9,500. Average. $6,500) International Lady" (Small-U. A.) Moon Over Her Shoulder" (20th-Fox) LOEWS STATE— (2,700) (33c-44c-55c-75c) lays. Cross: $12,000. (Average $14,000) The Little Foxes" (RKO) Two Latins from Manhattan" (Col.) I'ANTAGES — (3.000) (33c-44c-55c-"5c) 7 . "Foxes" 2nd week. Gross: $10,400. Average, $7,000) Nothing But the Truth" (Para.) PARAMOUNT— (3,595) (33c-44c-55c-75c) 7 jvs. Stage: "Floorshow Revels." Gross: >24,000. (Average: $18,000) 'Sergeant York" (W. B.) WARNER BROS. (Hollywood) — (3,000) 33c-44c-55c-75c) 7 days, 5th week. Gross: ;ll.500. (Average, $14,000) 'Sergeant York" (W.B.) WARNER BROS. (Downtown) — (3.400) 3.ic-44c-55c-75c) 7 days, 5th week. Gross: 14.100. (Average, $12,000) Pittsburgh Gives Tank' Big $12,600 Pittsburgh, Oct. 27. — "A Yank in the RAF" hit $12,600 at the Senator for a house record, and "Married Bachelor," abetted by Bill Robinson and Jimmy Lunceford on the stage, grossed $23,000 at the Stanley. Estimated receipts for the week end- ing Oct. 16 : "Belle Starr" (20th-Fox) FULTON — (1,700) (30c-50c) 4 days, 2nd •Week. $2,800. (Average, 7 days $5,000) 'Sergeant York" (W.B.) LOEW'S PENN— (3,400) (44c-86c) 7 days, 2nd week. Gross: $20,000. (Average, $13,000) "Parson of Panamint" (Para.) "Nine Lives Are Not Enough" (W.B.) RITZ — (800) (28c-44c) 7 days. Gross: $2,500. (Average, $3,000) 'A Yank in the R.A.F." (ZOth-Fox) SENATOR— (1.800) (2Sc-39c-55c) 7 days. Gross: $12,600. (Average, $5,000) Married Bachelor" (M-G-M) STANLEY— (3.600) (28c-44c-66c) On stage: Bill Robinson, Jimmy Lunceford orchestra. \ elma Middleton, Miller Bros, and Lois. Cross: $23,000. (Average, $18,000) '•The Reluctant Dragon" (RKO) "Frank Buck's Jungle Cavalcade" (RKO) WARNER— (2,000) (28c-44c) 7 days. Gross: $2,800. (Average, $5,000) RCA Closes Service Deal With Comerford RCA Photophone has closed an equipment service deal with the Com- erford circuit, covering 79 theatres. Xegotiations were handled by Dan Halpin, W. L. Jones and John Bethell for RCA, and Charles A. Ryan for the circuit. Theatres are located in eastern Pennsylvania and southern New York State. Reviews "Swing It Soldier" ( Universal) Hollywood, Oct. 27 \ X ARRAY of radio personalities, whose reputations give showmen plenty of material with which to exploit the film, are grouped here in a picture about radio and radio people which, sketchy in story but strong in the musical numbers which take up perhaps half of the footage, provides quite a package of entertainment. Radio personalities present and displaying their wares are Ken Murray, Frances Langford, Don Wilson, Brenda and Cobina, Hanley ( "Daddy") Stafford, Senor Lee, Skinnay Ennis and his orchestra, Kenny Stevens, Stop, Look and Listen, Three Cheers and some others. Also present are Iris Adrian, Lewis Howard, Thurston Hall, Kitty O'Neil, Lew Valentine, Peter Sullivan and Tom Dugan. Ten musical numbers, ranging from solos to ensembles, and from "Melancholy Baby" and "Annie Laurie" to modern swing tunes, give the production its sparkle, snap and principal entertainment. In between the musical numbers the cast engages in narrating a yarn about a radio salesman who mistakes an ingenue who isn't expectant for her sifter who is and tries unsuccessfully to safeguard her health for her husband in the service. This isn't very funny and detracts from an otherwise amusing picture. Joseph G. Sanford produced, erring only in his selection of the sub- ordinated theme, and Harold Young directed with considerable skill his multi- and vari-talented cast. Running time, 66 minutes. "G."* Roscoe Williams "Zis Boom Bah" (Monogram) Hollywood, Oct. 27 1 X 'PRODUCING Grace Hayes, Peter Lind Hayes and Mary Healy as 1 principal characters in a tale about a run-down college revitalized by music and football, this Sam Katzman production directed by William Nigh has its moments of charm when the principals are exercising their known talents as entertainers and its moments of tedium while dialogue is being spoken by way of supplying connective between these highlights. Grace Hayes, portraying the mother of a college spendthrift, displays a personality that rates her a future in films. Peter Lind Hayes gets results with impersonations and vaudeville routines but doesn't attempt much in the way of acting. Mary Healy sings well and exhibits some acting ability. Benny Rubin brightens .the proceedings whenever the camera is turned his way, Skeets Gallagher amuses as a college president and Roland Dupree, a 16-year-old tap dancer, steals the picture from everybody every time he cuts loose. His is a gift for talent scouts to write home about. In the course of the proceedings a band of youngsters portraying col- lege students dance repeatedly, part of the time as participants in a sort of night club college show, and the background tale relates their musical accomplishments in some fashion to the winning of gridiron victories which result in rehabilitation of the college, a process which the script fails to make clear but which doesn't much matter. Running time, 62 minutes. "G."* Roscoe Williams "Public Enemies" (Republic) THIS tells the story of the reporter who blunders, is given a perma- nent leave of absence, retrieves his job by scoring the beat of the year, and marries the girl. Starting off fast and gaining momentum as it« goes along, the film scores through its brisk, melodramatic, and at times jocular, presentation. It rates as good material for theatres whose patrons favor action and care little about minor inconsistencies so long as a happy ending is attained. Philip Terry and Wendy Barrie are chiefly concerned, with assistance in the comedy department by Edgar Kennedy and William Frawley, all of whom work energetically throughout. Also taking part are Marc Law rence, Nana Bryant, Willie Fung, Paul Fix, Russell Hicks and Tim Ryan. Speed is the essence of Albert S. RogelPs direction. Robert North was associate producer. Running time, 66 minutes "G."* Eugene Arneel *-"G" denotes general classification. Set Phila. Benefit Show Philadelphia, Oct. 27. — A benefit show will be held Nov. 16 at Fay's by the Philadelphia Showmen's Club. Meyer Adelman, welfare fund chair- man, appointed Sid Stanley, manager of Fay's, as chairman of the com- mittee for the affair. Form Shorts Company Sacramento, Cal., Oct. 27. — Sun- rise Productions, Inc., capitalized at $25,000, has filed articles of incor- poration to produce and distribute mo- tion picture short subjects. Directors, all of Hollywood, are Leon Kaplan, B. Burger and M. Arnold. 12 Films Start, 10 Finished, 39 Shooting Hollywood, Oct. 27. — Thirty-nine pictures were before the cameras this week, as 12 started and 10 finished, making the total number in production two more than last week's. Thirty-two are being prepared, and 83 are being edited. M-G-M is the busiest lot, with eight in work, 20th Century-Fox following closely with seven. The tally by studios : Columbia Finished: "Cadets on Parade." In Work': "The Lady Is Willing." John Hall Finished: "The Captain of Koepen- ick." M-G-M Finished: Untitled Dr. Kildare, "The Vanishing Virginian," "Doan of the U.S.A." (formerly "Steel Caval- ry"). In Work : "Born to Sing," "Mr. and Mrs. North," "I Married an Angel," "We Were Dancing," "Wo- man of the Year," "Johnny Eager." Started: "Joe Smith, American," "China Caravan." Monogram In Work : "Borrowed Trouble." Started: "Riot Squad." Producers Releasing Finished: "Law of the Timber." Paramount Finished : "Torpedo Boat." In Work : "The Lady Has Plans," "The Fleet's In." Started: "Dr. Broadway." RKO In Work : "Syncopation," Mexican Spitfire at Sea," "Sing Your Worries Away," "Joan of Paris," " Valley of the Sun." Republic Finished : "Tuxedo Junction." In Work : "Lady for a Night." Started: "Mr. District Attorney and the Carter Case," "Red River Valley." Roach (U.A.) Started: "Dudes Are Pretty Peo- ple." Small (U.A.) In Work : "Heliotrope Harry," "Twin Beds." 20th Century-Fox In Work : "Blue, White and Per- fect," "On the Sunny Side," "Re- member the Day," "Son of Fury." Started: "Song of the Islands," "Tales of Manhattan," "Roxie Hart." Universal Finished: "Fifty Million Nickels." In W ork : "Road Agent," "Keep 'Em Flying." Started : "The Panama Kid." Warners Finished: "The Male Animal." In Work : "Always in My Heart," "Juke Girl," "Wild Bill Hickok Rides." Started: "Arsenic and Old Lace." Finish Historical Short Academic Films has completed the fifth two-reeler in its series of American historical short subjects, titled "Our Louisiana Purchase." The sixth film, "Our Freedom of the Seas," is already in production. Pro- ducers Releasing Corp. is distributing the subjects. 12 Motion Picture Daily Tuesday, October 28, 194 W. B. Branch Heads to Meet Here Friday (Continued from page 1) ant throughout the many years of his service, and we all wish him success in whatever new undertaking he is contemplating." Warners announced that Joseph Bernhard, general manager of War- ner Theatres, will be among the ex- ecutives attending the meeting of branch managers. Other home office executives will be: Major Warner, S. Charles Einfeld, Sam Schneider, Mort Blumenstock, Roy Haines, Norman Moray, Arthur Sachson, Al Schwal- berg and Mike Dolid. Managers to Attend Branch managers who will attend are as follows : Paul C. Krumenacker, Albany; R. L. McCoy, Atlanta; Nor- man J. Ayers, Boston ; Max Roth, Buffalo; John A. Bachman, Char- lotte ; Rud Lohrenz, Chicago ; Robert H. Dunbar, Cincinnati; Charles Rich, Cleveland; F. M. Jack, Dallas; Earl A. Bell, Denver; E. J. Tilton, Des Moines ; James Winn, Detroit ; Fred Greenberg, Indianapolis ; H. C. Borg, Kansas City; Henry Herbel, Los An- geles ; W. O. Williamson, Jr., Mem- phis; Robert T. Smith, Milwaukee; Art Anderson, Minneapolis ; Roger Mahan, New Haven; Luke Conner, New Orleans. Others from Field Ed M. Schnitzer and Sam Lefko- witz, New York; J. O. Rhode, Okla- homa City; A. J. Shumow, Omaha; William G. Mansell, Philadelphia; Harry Seed, Pittsburgh ; Vete Stew- art, Portland; William F. Gordon, Salt Lake City; Al Shmitken, San Francisco; William Shartin, Seattle; Hall Walsh, St. Louis, and Robert Smeltzer, Washington. Also attending will be Sid Ross, Chicago; Doak Roberts, Dallas, and W. E. Callaway, Los Angeles. Also Wolfe Cohen, Canadian dis- trict manager, and Philip Sherman, Montreal, and Joseph Plottel, To- ronto. The out-of-town representatives will make their headquarters at the War- wick Hotel. They will return to their posts next Monday. Lewistown Houses Plan Joint Banquet Lewistown, Pa., Oct. 27. — For the first time in its his- tory, the good fellowship among the personnel and management of the rival houses in the city will be ob- served. The theatre owners splitting the expenses, an all- industry banquet will be held next month to mark the friendly rivalry existing among the houses. 1,000 at Testimonial For James P. Clark (Continued from page 1) cratic. Clark is head of Horlacher's Film Delivery Service and Clark Film Distributors exchange. He is a former chief barker of the Philadelphia Va- riety Club. Speakers included President Judge Harry S. McDevitt, of the Philadel- phia Court of Common Pleas ; Wil- liam C. Bullitt, former Ambassador to France ; State Auditor General F. Clair Ross ; John B. Kelly, former Democratic City chairman ; State Treasurer G. Harold Wagner ; Demo- cratic State Chairman Meredith Myers ; U. S. Senator Joseph F. Guf- fey; and Rev. Dr. Daniel A. Poling, of the Baptist Temple here. Former Governor Harold G. Hoffman of New Jersey was toastmaster. Jay Emanuel was chairman of the arrangements committee. Phila. Clearance Is Affirmed on Appeal (Continued from page 1) finds it "unnecessary to add anything to his excellent statement." W. A. Wiedersheim, the arbitra- tor, found that the seven-day clear- ance of the neighboring Rialto Thea- tre over the Hill is reasonable, despite the fact that it subjected the Hill automatically to a 14-day clearance in favor of the adjoining Sedgwick Theatre. Fred Rowlands, owner of the Par- sons Theatre, Columbus, O., filed an appeal yesterday from the Cincinnati award denying a change of clearance for the house from the five consent- ing distributors in relation to the Markham Theatre. The case was dismissed by Arthur Dunlap, arbitra- tor, early this month. The appeal is Rowlands' second. His first was taken from a denial of a clearance change for his Main Theatre, Colum- bus. That appeal was denied by the national board. Grosses Boon On Broadwa) Over Weekenc (Continued from page 1) new pictures, enjoyed a roaring bi ness. 1,500 Attend Rally To Boom LaGuardia (Continued from page 1) ganizations which had tables at the luncheon were :Columbia, Loew's Paramount, RKO, 20th Century-Fox,' United Artists, Warners, Skouras Theatres, Walter Reade Theatres Rugoff & Becker, Radio City Music Hall, Republic Pictures, Randforce Amusement, M P P D A, National Screen Service, Monogram Pictures IT OA, Local 802, Local 306, Cinema Circuit, Fabian Theatres, Leo Brecher Theatres, Building Service Employes, Local 54, and Ampa. Officials on the double dais includ- ed: J. Robert Rubin, W. G. Van Schmus, Stanton Griffis, Austin Ke- ough, Walter Vincent, Major Edward Bowes, Ned E. Depinet, Jack Ali- coate, License Commissioner Paul Moss, Howard Dietz, Harry Hersh- field, Spyros Skouras, Nizer, Oscar Serhn and Harry Brandt. Extend Construction Limitation in Canada Toronto, Oct. 27. — By way of fur- ther tightening up on construction re- strictions, which affect the theatre in- dustry in the Dominion, C. Blake Jackson of the Government Priorities Office has announced a ban on the im- portation of structural machinery or equipment, the installed cost of which would be in excess of $5,000, except under_ special license of the board. The step is described as "a natural se- quence" to the policy of limiting civil- ian construction except for war and basic industrial purposes. The embargo will affect extensive theatre installations, such as large air conditioning plants and heating units, and is regarded as a further ban on important remodelling projects, appli- cations for a number of which are be- fore the priorities board from the amusement industry. Oriental Hearing Is Postponed to Dec. 15. Chicago, Oct. 27. — The clearance complaint of the Oriental Theatre was postponed to Dec. 15 following a weekend hearing, due to commitments of Hayes McKinney, the arbitrator, which prevent him from holding fur- ther hearings before that date. Cincinnati Strand Bought by Circuit Cincinnati, Oct. 27.— The Strand Office Building, including the 1,200- seat Strand Theatre, in the heart of the downtown business sector, former- ly owned by the Delta Realty Co., which has been in process of dis- solution under receivership for several months, has been purchased by the 531 Walnut Street Corp., recently incor- porated in Ohio as a part of Associ- ated Theatres, Inc., Detroit, of which Alex Schreiber is the head. Sale price was $380,000. The theatre will be re- opened upon completion of extensive improvement, Schreiber said. Delay Club Banquet In Phila, to Dec. 14 Philadelphia, Oct. 27.— -The an- nual banquet of the local Variety Club has been postponed from Dec. 11 to Dec. 14 at the Bellevue Stratford Hotel. Frank L. McNamee and Harry N. Ball are co-chairmen, and James P. Clark and Isaac D. Levy are associate chairmen. Other committee heads include: Melvin Koff and Samuel D. Schwartz, program book; Charles H. Goodwin, tickets ; Everett Callow, publicity ; Nat Levy, Jay Emanuel and Jack Beresin, reception; Benjamin Fertel, dinner; William A. MacAvoy, Jr., decorations; Abe Freman, technical activities; Elmer O. Wilschke, Louis Krouse, public relations ; Victor H. Blanc, seating; Ted Schlanger, dais; Samuel H. Stiefel and Harry Biben, entertainment; Clinton Weyer, trans- portation and hotel accommodations, and Dr. J. Alex Ritter, physician-in- charee. Myers Will Address Wis.ITPAConvention (Continued from page 1) eral sales manager of Paramount. Also expected to participate in the two-day program are Jack Kirsch, president, Allied Theatres of Illinois ; William A. Scully, general sales man- ager of Universal, and S. S. Broidy, vice-president and general sales man- ager of Monogram. On the strength of its weekend pei formance, "Honky Tonk" will plajf fifth week at the Capitol, the first fl| at the theatre's standard prices to d so since "David Copperfield" in 193. It brought an estimated $16,0(1 Thursday through Sunday and \vi begin its fifth week Thursday. Now in its fifth week at the Rox} "A Yank in the R.A.F.," with a stag show, drew weekend business thj would ordinarily warrant an addition; week's playing time but because of th congested booking schedule it bows ou Thursday night to make way fo "Belle Starr." The show grossed a: estimated $30,000 Friday through Sun day. "Sergeant York," with Phil Spit alny's orchestra, continues strong a the Strand, giving the theatre an esti mated $24,200 Friday through Sundaj The show, now in its second week will be held. "Dr. Jekyll and Mr. Hyde" endec its 11th week at the Astor Sunda; night with an estimated $7,400 an! continues. "Target for Tonight" in it second week at the Globe, was goo( for an estimated $4,000 Saturday anc Sunday and will be another holdover Wobber, Zanuck in for 'Valley' Herman Wobber, 20th Century-For distribution chief, will arrive hen from the Coast today for the opening of "How Green Was My Valley.' Darryl Zanuck, vice-president ii charge of production, will attend. The proceeds of the opening wil go to the Navy Relief Society. Reai Admiral Adolphus Andrews, com- mandant of the Third Naval District is scheduled to head a group of nava! officers, including Rear Admiral La- mar Leahy, Rear Admiral Edward J. Marquart, Captain Booth Mc- Kinney and Captain J. L. G. Stapler. Walter Pidgeon and Donald Crisp, who have leading roles in the film, will be at the premiere. Other notables scheduled to attend include: Sigrid Undset, Mrs. Cush- ing Roosevelt, Sonja Henie, AverilL Harriman, Mr. and Mrs. Vincent Astor, Irene Dunne, Jules S. Bache, Herman Shumlin, Bill Robinson and others. Thirty-one out-of-town news- paper critics will attend. Boom Brings Stage Show Vallejo, Cal., Oct. 27. — Because of the tremendous national defense boom here, and influx of thousands of workers for Mare Island Navy Yard, the 700-seat Marvel, a Fox- West Coast house, has added five acts of vaudeville to its regular show- ing of films, at 50 cents top. Majors Weigh Split Of English Money (Continued from page 1) British funds accumulated during the past two years have been suggested and, according to report, this is re- sponsible for the delay in reaching an agreement on method. The amount of blocked revenue which is to be released is variously estimated at from $10,000,000 to $17,- 500,000. Joins Canada Film Board Montreal, Oct. 27.— Wesley Greene, formerly of the International Film Bureau, Chicago, has been named su- pervisor of non-theatrical distribution for the National Film Board of Can- ada in the United States. iesJay, October 28, 1941 Motion Picture Daily 13 - ihort Subject Reviews Lend a Paw" Jitney Cartoon) IPluto, Mickey's dog, is engaged in (fierce battle within himself between g conscience and the devil, as a small Ren appears to be usurping his place pMickey's affections. Finally, after [ally amusing inner conflict, the bet- t nature triumphs. Most entertain- ig. Running time, 8 mins. Release, |ct. 3, 1941. Hollywood Sports" "icture People, No. 2) RKO Pathe) Most of this subject is devoted to ictures of Gail Patrick and her ilollywood baseball team, while Guy iibbee teaches his young son to fish, ,«id several other stars play tennis (efore a Hollywood gallery. The film ans probably will enjoy seeing the tars off the set. Running time, 9 oins. Release, Oct. 10, 1941. Til Fix If \Edgar Kennedy Comedies) KKO) Edgar Kennedy, the husband . to >'hom everything happens, this time decides to save the plumber's charge ,or installing a new hot-water heater, und goes about doing it himself, amply lindered by brother-in-law and wife. v\ hat befalls him is more than anyone ,hould have to stand, and it is good or a few laughs. Running time, 17 'mins. Release, Oct. 17, 1941. 'Helping Hands" (Our Gang) (M-G-M) Our Gang goes in for national de- fense in a big way here, forming an f'army," providing mother with more pantry space by removing the alumi- num ware, and the like. Thus, the short, about standard in entertainment -tfor the series, abounds in exploitation potentialities. Running time, 11 mins. |Release, Sept. 27, 1941. Truth' Scores Neat $10,000, Providence ' The Frozen North" (Terry-Toon Cartoon) (20th Century-Fox) i A cartoon journey through the i Arctic furnishes this Terry-Toon with " many absurdities which give it aver- age entertainment value. Its treat- ment, with commentary, is in the na- ture of a burlesque on travelogues. Running time, 7 mins. Release, Oct. J 7, 1941. 'Yank' Captures Big $8,600 Omaha Gross Omaha, Oct. 27. — "A Yank in the R. A. F." and "Dressed to Kill" were good for §8,600 at the Orpheum. The weather was rainy and cold. Estimated receipts for the week ending Oct. 21-22 : "Texas" (Col.) "Ladies in Retirement" (Col.) BRANDEIS — (1.200) (30c-44c) 7 days. Gross: $4,200. (Average, $4,000) "Smilin' Through" (M-G-M) "Whistling in the Dark" (M-G-M) OMAHA— (2,000) (30c-44c) 7 days. Gross: S7.100. (Average. $6,000) "A Yank in the RAF" (ZOth-Fox) "Dressed to Kill" (ZOth-Fox) ORPHEUM — (3.000) (30c-44c) 7 days. Gross: $8,600. (Average, $7,000) Providence, Oct. 27. — With night business good but matinee trade off, it was just a fair week, with "Nothing But the Truth" and "Ice-Capades" at the Strand leading with $10,000. Estimated receipts for the week end- ing Oct. 22-24: "The Little Foxes" (RKO) "Mexican Spitfire's Baby" (RKO) RKO- ALB EE— (2.239) (2Sc-39c-50c) 7 days. 2nd week. Gross: $6,500. (Average, $6,000) "Iiiterrational Lady" (U.A.) "Married Bachelor" (M-G-M) LOEWS STATE— (3,232) (28c-39c-50c) 7 days. Gross: $11,000. (Average. $11,000) "A Yank in the R.A.F." (ZOth-Fox) "Cracked Nuts" (Univ.) MAJESTIC— (2,250) (28c-39c-50c) 7 days, 2nd week. Gross: $7,200. (Average, $7,000) "Nothing But the Truth" (Para.) "Ice-Capades" (Rep.) STRAND— (2,200) (2Sc-39c-50c) 7 days. Gross: $10,000. (Average, $6,000) "Riders of the Purple Sage" (ZOth-Fox) FAY'S— (1.800) (20c-33c-44c) 7 days. Stage show with Talia; Billy Wells and the Four Fays; Jack La Vier and Co.; Julio San and Mystic; Ray and Arthur; Le Paul. Gross: $5,900. (Average. $5,000) "Federal Fugitives" (P.R.C.) METROPOLITAN— (3,045) (30c-39c-55c) 3 days. Stage show with Tommy Tucker's Orchestra; Amy Arnell and Kerwin Somer- ville; Hennv Youngman; Samuels Brothers and Haves;' Trixie. Gross: $6,300. (Aver- age, $5,000) "Forty Thousand Horsemen" (Krellberg) "Dangerous Lady" (P.R.C.) PLAYHOUSE— (1,378) (28c-44c) 2nd week. Gross: $750. (7-day $2,500) "Smilin" Through" (M-G-M) "Down In San Diego" (M-G-M) CARLTON— (1,526) (28c-39c-50c) 2nd week. Gross: $3,000. (Average, $3,500) "Tom, Dick and Harry" (RKO) (3 days) "Forced Landing" (Para.) (3 days) "Dive Bomber" (W.B.) (4 days) "The Reluctant Dragon" (RKO) (4 days) EMPIRE — (1.200) (20c-28c) 2nd run Gross: $1,600. (Average, $1,700) 3 days, average, days, 'Yank* in New Haven Scores Good $4,000 New Haven, Oct. 27. — The second week of "A Yank in the R. A. F." dualed at the College with "Private Nurse" brought $4,000. "Unfinished Business" and "Black Cat" at the Roger Sherman grossed $6,100. Estimated receipts for the week ending Oct. 23 : "A Yank in the R.A.F." (ZOth-Fox) "Private Nurse" (ZOth-Fox) COLLEGE— (1,499) (40c-50c) 7 days, 2nd week. Gross: $4,000. (Average, $2,700) "Belle Starr" (20th-Fox) "Ringside Maisie" (ZOth-Fox) LOEW-POLI— (3,040) (40c-50c) 7 days. Gross: $8,900. (Average, $8,000) "Hold Back the Dawn" (Para.) "World Premiere" (Para.) PARAMOUNT— (2,348) (39c-50c) 7 days, 2nd week. Gross: $4,100. (Average, $4,500) "Unfinished Business" (Univ.) "Black Cat" (Univ.) ROGER SHERMAN— (2,200) (40c-50c) 7 days. Gross: $6,100. (Average, $5,000) 'Honky Tonk' Sets Pace in Milwaukee Milwaukee, Oct. 27. — "Honky Tonk" and "The Feminine Touch," playing Fox's Wisconsin and Palace simultaneously, collected $8,000 at the former house and $5,500 at the latter. Estimated receipts for the week- ending Oct. 23 : "Honky Tonk" (M-G-M) "The Feminine Touch" (M-G-M) PALACE— (2,400) (33c-44c-55c) 7 days Gross: $5,500. (Average, $4,000). "Dr. JekyU and Mr. Hyde" (M-G-M) "Whistling in the Dark" (M-G-M) STRAND— (1,400) (44c-65c) 7 days. Gross: $1,900. (Average, $1,500) "International Squadron" (W. B.) "This Woman Is Mine" (Univ.) WARNER— (2.400) (30c-40c-55c) 7 days. Gross: $5,300. (Average, $4,500) "Honky Tonk" (M-G-M) "The Feminine Touch" (M-G-M) WISCONSIN— (3,200) (33c-44c-55c) 7 days. Gross: $8,000. (Average, $5,500) RAMSEY: A few hours or a few days won't make any dif- ference now. We have food, and you have each other. And so ... if you don't mind . . . I'll just go my own RAMSEY: I'm sav- ing you as corre- spondent in my suit for divorce . . . May I wish you both con- tinued unhappiness . . . and may the scandal never die. Hay- fytaua Middleton • Dickson OTTO KRUGER DON DOUGLAS • FORRESTER HARVEY TERRY KILBURN • WILLIAM MORGAN -Director Screen play by Malcolm Stuart Boylan From the novel "Mercy Island " by Theodore Pratt A REPUBLIC PICTURE Buy> US Defapse> Bands 'Havana' with $16,000 Lead Chicago Tally Chicago, Oct. 27.— The Roosevelt, with "Week End in Havana" and "The Smiling Ghost" led with $16,000. "The Little Foxes" and "Mexican Spitfire's Baby" drew $15,000 at the Palace. Estimated receipts for the week end- ing Oct. 23 : "Ladies in Retirement" (Cel.) APOLLO— (1,400) (30c-40c-59c) 7 clays. Gross: $5,500. "Nothing But the Truth" (Para.) CHICAGO— (4,000) (35c-55c-75c) 7 days, 2nd week. Stage— Variety Bill. Gross- $30,000. (Average, $32,000) "The Law of the Tropics" (W.B.) GARRICK-(l,0CO) (35c-55c-75c) 7 days Gross: $4,500. (Average, $5,000) "Charley's Aunt" (20th-Foix) "Parson cf Panamint" (Para.) ORIENTAL — (3,200) (25c -40c) 7 days Gross: $8,0CO. (Average, $9,000) "The Little Foxes" (RKO) "Mexican Spitfire's Baby" (RKO) PALACE — (2,500) (30c-40c-60c) 7 days 2nd week. Gross: $15,000. (Average, $13,000) "Week End in Havana" (20th-Fbx) "The Smiling Ghost" (W.B.) ROOSEVELT— (1,500) (30c-40c-59c) 7 days 2nd week. Gross: $16,000. (Average, $11,000) ' Broadway Limited" (U.A.) STATE- LAKE— (3,700) (25c-35c-40c-50c) 7 days. Stage— "Hawaiian Nights" Revue Gross: $17,500. (Average, $14,000) "Dr. Jekyll and Mr. Hyde" (M-G-M) UNITED ARTISTS-(1,7C0) (30c-40c-59c) 7 days, 2nd week. Gross: $13,500 (Aver- age, $14,000) Motion Picture Daily Bioff Attempts to Shift Blame on Film Executives (Continued from page 1) sisted that he was merely a go-be- tween or "pickup man." Bioff admitted receiving large sums of money, even more than $500,000— "over _ $1,000,000," he said— but that he "picked it up" in order to give it to Joseph M. Schenck, former chair- man of 20th Century-Fox. The money was "collected" from various sources in the trade, Bioff stated. 'I was just a pickup man," he testi- fied. Bioff described the transactions as being for the purpose of assuaging "sandbagging legislators" around the country. Names Industry Persons Group Will Discuss Children's Pictures Representatives of the New York Public Library, the Schools Motion Picture Committee and the National Board of Review will meet Thursday at the Nathan Straus Branch Library for a discussion of motion pictures for children. Margaret Scoggin, librarian of the branch, will preside. Speakers will include : Julien Bryan director; Bosley Crowther, New York Times critic; Frederick M. Thrasher, New York University; Mabel Wil- liams, in charge of work with schools of the Library; Mrs. Alonzo Klaw chairman of the Schools Motion Pic- ture Committee, and William Boehnel, World-Telegram film critic. Members of the Young Reviewers group of the National Board of Review also will participate. In connection with the work the library branch is conducting an exhibit of sketches, drawings and models used in pictures now being re- leased. Legion Approves Nine New Pictures The National Legion of Decency for the current week approved all of the nine new pictures reviewed and classified, five for general patronage and four for adults. The new films and their classification follow: Class A-l, Unobjectionable for Gen- eral Patronage — "Down Mexico W ay, Gauchos of Eldorado," "Riders of the Timberline," "Roaring Fron- tiers" "Silver Stallion." Class A-2, Unobjectionable for Adults — "Ap- pointment for Love," "The Chocolate soldier," "How Green Was My Val- ley," "Suspicion." The labor leader mentioned numer- ous names of persons in the industry from whom he had received various amounts, but said that he didn't re- tain the money, turning it over to Joseph M. Schenck. He also testi- fied that a trip to South America and Europe which he made in 1938 was paid for by industry persons. His testimony covered a wide per- iod, allegedly from 1934 up to the present. He met Nicholas M. Schenck Bioff stated, after the IATSE in 1934 took over the affairs of Local 306, New York operators' union. C. C. Moskowitz introduced him to N. M. Schenck, Bioff testified. He also testified that it was in July, 1935, that he was approached by N. m! Schenck to be a go-between with Joseph M. Schenck in handling money to be used for placating legislators who were attacking the industry. Bioff testified that he told N. M. Schenck he would gladly be of as- sistance in this respect. Following two or three conversations about the matter, N. M. Schenck told him that Paramount and Warner Bros, were "in trouble" and that Bioff should communicate with John Balaban and James Coston in Chicago, and in con- sequence obtained $60,000 in currency from John Balaban and $30,000 in cash from Coston. A week later, Bioff stated, he visited Joseph M.' Schenck in Hollywood and turned over the $90,000 to him. Schenck and himself in these transac- tions to use "Mr. Link" as a code name in telephone conversations. Bioff listed as others from whom he received money Samuel Brenner, Chicago attorney; two other attorneys whose names he could not recall ; Henry Herzbrun, then a Paramount studio executive; Harry M. Warner Sidney M. Kent, Nicholas m' Schenck; Samuel Carlisle, George Skouras; Hugh J. Strong, Charles Skouras; Mort Singer and Jules Rubens, of B. & K. Bioff testified that he turned over all money collected from Norman Thor Nelson, his brother-in-law and Harry Beatty, former IATSE repre- sentative, which these two obtained as commissions from Smith & Aller also to Joseph M. Schenck, the last payment _ being made in April this year. Bioff said he received nothing further from Beatty after that date and therefore paid nothing to Toseoh M. Schenck. Said U. S. Inquiring Shortly before February, 1938 Joseph M. Schenck told Bioff, the latter said, "that Government agents are searching the different company's books about these payments and that it would be best for me to be out of the way so that they could not inter- rogate me." Bioff said Joseph M. Schenck suggested that he take the Rio de Janeiro trip. Bioff said he got the trip gratis and received his transportation tickets from Ruth Nolander, Joseph M Schenck's secretary. Mrs. Bioff ac- companied him on the trip, Bioff said They left on the SS. Normandie on Feb. 5, 1938, and returned at the end of that month, Bioff said. Upon his return, Bioff stated he was met by C. C. Moskowitz who, he said, tele- phoned Joseph M. Schenck and who was advised that conditions had be- come much better "but that I should proceed on to London and that Mr. Moskowitz would make the arrange- ments." Tuesday, October 28, 1< 'Honky Tonk' Gets $26,500 Philadelphi; uu onl i Philadelphia, Oct. 27.— Grosses the downtown houses held at ev levels last week with standout bu ness registered by "Honky Toi drawing $26,500 at the Stanley. "I Back the Dawn" drew $15,800 at Boyd. Estimated receipts for the week en ing Oct. 14-17: "Lydia" (U.A.) ALDINE - (1,400) (35c-41c-46c-57c-68ci $5 900) Week' Gr°SS: $6'500' (Avera* "New Wine" (Para.) ARCADIA - (600) (35c-46c-57c) 7 da- Gross: $3,600. Average, $2,600) "Hold Back the Dawn" (Para.) BOYD - (2,400) (35c-41c-46c-57c-68c) days. Gross: $15,800. (Average, $13,000) Henry Aldnch for President" (Para.) EARLE - (4,000) (35c-41c-46c-57c-68c) days. Vaudeville including Sammy Kays orchestra, Charlie Wilson, Marty McKenn Alan Foster, Tommy Ryan, Arthur Wrigl Maury Cross, Three Kadets, Bob Trou Three Smart Girls, and Joe & Jane Mi Kenna. Gross: $21,000. (Average, $14,00 "Charlie Chan in Rio" (20th-Fox) , FAY'S _ (2,190) (15c-29c-35c-46c-57c) days. Vaudeville including Sally Rand unit. Gross: $9,000. (Average, $6,900) "A Yank in the R.A.F." (20th-Fox) FOX-(3,000) (35c-41c-46c-57c-68c) 7 dav 2nd week. Gross: $13,500. (Average, $13,001 "Major Barbara" (U.A.) KARLTON-(1,000) (35c-41c-46c-57c-68c) $3 000) rU"' Gr°SS: $3'5°°- (AveraS' "Nothing But the Truth" (Para.) KEITH'S - (2,200) (35c-41c-46c-57c-68c) R500) rU"' Gr°SS: $3,90°' (Aver*fe"j "Honky Tonk" (M-G-M) STANLEY-(2,700) (35c-41c-46c-57c-68c) days Gross: $26,500. (Average, $14,000) Ladies m Retirement" (Col ) STANTON-(l,7(X>) (35c-46c-57c) 7 day Gross: $5,000. (Average, $4 500) Told to Expect More Went to Europe Bioff testified further that N. M. Schenck told him shortly after this in New York, that he could expect other sums of money from C C Moskowitz, Major L. E. Thompson of RKO and Marvin Schenck. Bioff said he received $7,500 from Marvin Schenck, $10,000 from Major Albert Warner, $25,000 from C. C. Moskow- tz and $20,000 from Thompson, and that he turned this money over to Joseph M. Schenck. Bioff also said lie got $500 expense for making the trip. In all, Bioff said, he made 12 such payments to Joseph M. Schenck between August, 1935 and February, 1937, but that these did not include payments made as a result of the Du- Pont-Smith & Aller deal. Bioff added that the last payment he received was from Attorney Austin C. Keough, general counsel of Para- i935nt' which he said was probably in The labor leader also testified that it was agreed between Joseph M. Bioff testified that he received tick- ets to London where he was met by Francis L. Harley, in charge of the 20th Century-Fox London office, and Robert T. Kane. All hotel bills were paid by Harley and a car was placed at his disposal, Bioff said. Subse- quently, Harley suggested a visit to Paris, Bioff continued, and he spent seven or eight days there where sim- ilar arrangements were made for him by the 20th Century-Fox representa- tive. A car was placed at his dis- posal and a short trip through Belgium and Holland was arranged Bioff said. Upon his return to Los Angeles, Bioff said, he met Joseph M. Schenck who told him "that things were shap- ing up pretty fair and not to worry about it; he said not to say anything to anybody and to sit tight; he told me not to circulate too much." In the Spring of 1939, Bioff stated Joseph M. Schenck told him that Government agents had detected the payments for the trip and it was ar- ranged that Bioff was to write Schenck a letter thanking him for the loan. Schenck gave him $500 tr New FM Station Washington, Oct. 27.— The Chi- W Federation of Labor has asked FCC for a construction permit for ie\v FM station, to operate on 47,- | kilocycles covering 10,800 square e« in Chicago with a population of $.461. [^plications also were filed by Sta- is WBOC, Salisbury, Md., for (nge of frequency from 1,230 to 960 ocvcles and increase of power from to 1,000 watts; WHAS, Louis- * for increase of power from 50,- to 75,000 watts, and KRNR, stburg. Ore., for change of fre- i-ncy from 1,490 to 1,030 kilocycles 1 increase of power from 100 watts ht, 250 watts day, to 10,000 watts. The commission ordered a hearing. a date to be set later, on the ap- :ation of the Southwestern Michi- i Broadcasting Corporation for a w 980 kilocycle, 1,000 watt station Kalamazoo, Mich. •ower Increase to Wash. Station An increase of power from 250 to ) watts has been granted Station VAN, Vancouver, Wash., by the fC, but power-increase applications three other stations were ordered - hearing, at dates to be set later. The commission ordered hearings on e applications of Stations WDNC, jrham, N. C, for change of fre- lency from 1,490 to 660 kilocycles d increase of power from 250 watts 1,000 watts night, 5,000 watts day; RAL, Raleigh, N. C, for change frequency from 1,240 to 620 kilo- rcles and increase of power from »0 watts to 1,000 watts night, 5,000 atts day ; and KGNC, Amarillo. ex., for change of frequency from 440 to 860 kilocycles and increase power from 1,000 watts night, 2,500 atts day, to 5,000 watts night, 10,000 atts dav. NBC Survey Shows Television Audience A survey by NBC revealed the fol- lowing average listeners per set in the New York metropolitan area during the week of July 28- Aug. 2, according to Alfred H. Morton, vice-president in charge of television, in Radio Age, new RCA publication: Adults Children Total Home Day Evening Public Places Day Evening The survey showed an average of 55.6 per cent of sets turned on during the day and 80.1 in the evening. Ap- plying these percentages, Morton con- cluded that the television audience to- taled 11,000 daytime and 30,000 in the evening. 1.8 4.5 9.3 19.8 1.1 1.3 1.9 2.1 2.9 11.2 21.9 Kentucky Will Halt Tax Ticket Printing Frankfort, Ky., Oct. 27. — Discon- tinuance of state printing of tax tickets for small theatres and amuse- ment places because of new Federal regulations has been made known by Revenue Commissioner H. Clyde Reeves. The new regulations, Reeves said, require the name of each theatre to be printed on its tickets. Since 1936, the State Revenue Department has supervised the printing of tickets for between 800 and 900 small amusement places and charged the cost to the op- erations in addition to the state tax levied on them. Var Brings Longer Playtime in Turkey Washington, Oct. 27. — In an ef- »rt to conserve film stocks, theatres i Turkey are holding films for a far nater length of time than had been it practice before the war, accord- ig to a report by the U. S. Depart- ment of Commerce. ' The loss of the French product has 'aused an increase of the number of English-speaking films shown. The- : tre attendance is holding up well. , admission tickets are taxed a total Qn 20 per cent, but exhibitors are equired to absorb the levy. The "nited States is still overwhelmingly he chief source of origin of films ex- libited in Turkey, supplying 108 out U 164 during the first half of this '■ear. Set Daily Matinees Milwaukee, Wis., Oct. 27. — War- lers is now offering daily matinees at ts Tower and Oriental, deluxe neigh- borhood houses, with a 22-cent ad- mission from 12:30 to 5:30 Mondays hrough Fridays. Protest Breakdown Of Clear Channels Rochester, Oct. 27. — Strong objec- tion to a further breakdown by the FCC of clear channel radio broad- casting stations was voiced in a reso- lution adopted by the Central West- ern Zone, State Teachers Associa- tion, here. More than 7,000 teachers attended the sessions. The House of Delegates took the stand on the ground "that such action will deprive the rural areas and small towns of the United States of the present high standards of broadcast- ing service. Increase KQW Power San Francisco. Oct. 27. — Work has begun on increasing KQW's power from 5,000 to 50,000 watts, preparatory to the station replacing KSFO as CBS northern California outlet, on Jan. 1, according to owner- manager Ralph R. Brunton, former NAB director. Senate Will Weigh Nomination of Durr Washington, Oct. 27. — The Senate Interstate Commerce Committee will meet tomor- row in executive session to consider the nomination of Charles J. Durr to be a mem- of the Federal Communica- tions Commission. Durr's nomination was sent to the Senate by President Roose- velt Oct. 13 to fill the vacancy created by the expiration of Frederick I. Thompson's term last June 30. America First Not Barred: Trammell Niles Trammell, NBC president, yesterday answered charges of the America First Committee that its spokesmen had been barred from the air by the major networks by point- ing out that "self-styled anti-war speakers" had broadcast 70 times over NBC as compared with 56 broad- casts by speakers "whom you are pleased to designate pro-war advo- cates." Trammell said that 30 minutes had been offered over 62 stations to the speakers who will address a meeting in Madison Square Garden Thursday night but that the time had been re- fused. CBC in Agreement With Employe Units Ottawa, Oct. 27. — An agreement has been reached between the man- agement of the Canadian Broadcasting Corp. and representatives of CBC em- ployes, it was announced following a three-day meeting of regional repre- sentatives of employes councils of the company. The agreement provides for organ- ization of staff councils at CBC oper- ating points, which will include all staff members except department heads and administrators. It also pro- vides machinery for functioning of the councils, and for an annual meeting of council representatives to consider CBC employe problems. Ballantine Stays on MBS Mutual declared yesterday that P. 3allantine & Sons, sponsors of "Three Ring Time." will not transfer the pro- gram to NBC-Blue on Nov. 7. Bausch & Lomb Net Rochester, Oct. 27. — Bausch & Lomb Optical Co. has reported net profit for the nine months ended Sept. 30 of 81,302,643, equal after dividends paid on five per cent preferred stock to $2.67 a share. This compares with net profit of $1,369,575 or $2.84 a share in the like 1940 period. Stage Shows in Detroit Detroit, Oct. 27. — The Michigan Theatre here has booked Clifford C. Fisher's "Follies Bergere" for the week of Nov. 28 and a variety show for the week of Dec. 5. New Station Brings Mexico Total to 109 Mexico City, Oct. 27. — Operating commercial radio stations in this coun- try have been increased to 109 with the opening in Queretaro, capital of Queretaro state, of XEJX, of 5,000 watts, owned and operated by Ramon Rodriguez Familiar, former Quere- taro governor. Station XELZ here is now operat- ing at 1,000 watts and has a new fre- quency of 1440 keys. Station XEBP at Torreon, Coahuila state, averted a strike by making a contract which allows increased wages and other concessions. The Federal Government intervened to avert this strike. Only Network Plea to Delay F. C. C. Rules Crosley Sets Dividend Cincinnati, Oct. 27. — The Crosley Corp., operating WLW, WSAI and WLWO, international short wave sta- tion, and manufacturing various elec- trical appliances, including radio re- ceiving sets, has declared a 30-cent common stock dividend, payable Nov. 21 to stockholders of record Nov. 3. Washington, Oct. 27. — Further deferment of the application of the new network regulations scheduled to go into effect Nov. 15, will be ordered only on formal application from the networks, it was declared today by FCC Chairman James Li Fly. j The commission itself, Fly said, has no present intention of ordering any postponement of the effective date. So far, he added, no application has been received for such deferments. Both CBS and NBC have declared that they would take the issue to the courts. CBS stated that it would seek a court injunction to prevent enforcement of the new rules, pend- ing a court decision of the rights of the FCC to enact the new regulations, while NBC said it was relying on Fly's previous statement that there would be no effort to enforce the rules if the networks took the matter to the courts. Services Are Held For Louis Fischer Funeral services were held last night at the Masonic Temple for Louis Fischer, restaurant operator, who died at the age of 61 on Saturday at West Point. For many years he was managing director of Reisenweb- er's Restaurant at Eighth Ave. and 58th St., once the city's most noted cabaret. With Percy E. Elkeles, he is cred- ited with introducing shows in res- taurants. After Reisenweber's closed, Fischer became a Labor Department agent, and later was named executive director of the New York City Al- coholic Beverage Control Board. Sur- viving are a brother and three sisters. Theatres Unaffected By Ottawa Blackout Ottawa, Ont., Oct. 27.— The first complete test blackout in the 60 square miles of the Ottawa Federal District last night had little effect on theatre business. The Cartier and Laurier theatres in Hull, although their marquee lights were extinguished, carried on during the half-hour blackout and managers reported average audiences. As it was Sunday, no theatres were open in Ot- tawa, and managers made sure that all visible lights were put out Saturday night. Location Problem Sacramento, Oct. 27 OTUDIOS, accustomed to *J using the Sacramento River and its freight boats for Mis- sissippi River sequences, will have to look elsewhere. The United States Govern- ment has conscripted the old stern and paddle wheelers as Navy training boats, and the river traffic is now being hauled by truck. A MESSAGE TO THE CRITICS WHO HAVE COME FROM ALL OVER THE NATION TO COVER at New York's Rivoli Theatre tonight {Tuesday, Oct. 28) i HELEN EAGER of the Boston Herald-Traveler . . . You will share in the gaiety and revelry of the song and celebration when Ivor Morgan weds the lovely Bronwen. PRUNELLA HALL of the Boston Post ...Your favorite scene will be that one in which Angharad cries: "What do you know about what could happen to a poor girl when — when she loves a man so much that even to lose sight of him for a moment is torture!" BUCK HERZOG of the Milwaukee Sentinel . . . Your laughter will w ! and eyes mist as young Hi goes to his lonely and wi owed sister-in-law and oflfc to be head of her house! *8? HENRY T. MURDOCK of the Phila. Eve. Public Ledger . . .You will never forget the scene of power and fire when Gruffydd denounces the gos- sipers and hypocrites in his congregation. 1? RICHARD PETERS of the Cleveland Press . . . Through the years, you will remember the voice that tells the story of a town that might be your town ... of people you might have known and loved... of the greenness that once shone in the Valley! ARTHUR F. SPAETH of the Cleveland News . . .You will thrill to the sel less courage that sends handful of men and a loi^l boy into the black peril of mine cave-in. MOTION PICTURE DAILY 50. NO. 85 NEW YORK, U.S.A., WEDNESDAY, OCTOBER 29, 1941 TEN CENTS off Grilled n False Oaths Vt U. S. Trial mits Perjury in Other Legal Proceedings Do you feel bound by the sanc- of an oath?" Federal Judge ji C. Knox demanded of Wil- Bioff, IATSE leader, on trial extortion, in court, yesterday, do," said Bioff, after his at- e\, Michael Luddy, arose to fct to the court's question as ■judicial." ndge Knox's question came at the Husion of Bioff's cross-examina- hy U. S. District Attorney Math- DF. Correa. To Correa, Bioff admitted that had testified falsely twice ifore in legal proceedings and nat he had also falsified an pplication for insurance. He Iso admitted under Correa's \amination that he had not iven an accurate story about is employment under his own iwyer's direct examination. orrea, after getting Bioff to admit : he had never been a stagehand, {Continued oil pope 6) ihn Paid $145,600, SEC Report Shows ffarry Cohn, president of Columbia itures Corp., was paid $145,600, in- iling expense allowance, during the |r ended June 30, 1941, according h report of the Securities and Ex- inge Commission. George Stevens, 5ctor, received $174,359. and Irene nne was paid $135,000. "be report stated that as of Oct. 1941. the company bad borrowed (Continued on page 6) "alley* Is Given Broadway Opening ji n an atmosphere dominated by the lited States Navy, both in theatre oration and in the person of many those in attendance, 20th Century- x last night opened "How Green Ss My Valley" at the Rivoli The- e on Broadway. The premiere, at- ded by a group of invited Naval leers, film executives and represen- ives of New York society and ier notables, was for the benefit of Navy Relief Society. With service pennants strung across oadway and searchlights playing on (Continued oil page 3) Chicago, New Haven Exhibitors Win Cut In Zone Clearance Exhibitor plaintiffs in Chicago and New Haven won clearance reductions through arbitration actions at the local boards yesterday. Meanwhile, in Philadelphia, the clearance complaint of Lewen Pizor, president of the United M.P.T.O. of Eastern Pennsylvania, Southern New Jersey and Delaware, on behalf of his Tioga Theatre, Philadelphia, was withdrawn. The complaint named Paramount. 20th Century-Fox and Warners and was scheduled for hear- ing at the arbitration board there to- day. The Chicago clearance adjustment results from the settlement by RKO of a complaint brought by K & S Theatre Corp. for its Sheridan The- atre, North Chicago. 111. Under the settlement, the Sheridan's former run of second week of general release is restored to it. The house alleged that it had been deprived of the run by RKO and Warners some time ago and subjected to clearance in favor of the Times, Waukegan, which is two (Continued on page 6) Empire Union Signs Bronx House Pact The Empire State Operators Union has signed a contract with the Tre- mont Theatre Corp. for projectionists at the Tremont Theatre in the Bronx, after a week of picketing. The con- tract carries the same terms as under (Continued on page 6) Further Film Probe Delay Seen Likely Washington, Oct. 28.— Fur- ther postponement of hear- ings on alleged motion picture propaganda is believed likely here with the Senate isola- tionist group, members of which are sponsoring the films hearings, now occupied with the neutrality revision bill under debate in the Senate. Chairman D. Worth Clark of the investigating sub-com- mittee said after holding his long-awaited conference with Senator Charles W. Tobey to- day regarding future hear- ings, that he would issue no statement disclosing what had been agreed upon until to- morrow. Chairman Clark previously had stated that he planned to resume the hearings next Monday. Expect 175 at Dinner Of Pioneers Tonight Approximately 175 members have made reservations for the Hallowe'en dinner of the Picture Pioneers at Toots Shor's restaurant tonight Wendell L. Willkie will be guest of honor. The largest number of can- didates the organization has inducted into membership at one time will be initiated. Jack Cohn will be the ini- tiating officer. Among the new members will be : Harry Cohn, Harry Moskowitz, Charles W. Koerner, Louis Rosen- (Continucd on page 6) "How Green WasMy Valley" [20th Century-Fox] 'TP HERE is no question that Darryl Zanuck's production of the popu- lar and widely read novel, "How Green Was My Valley," by Richard Llewellyn, is an achievement in the art of the screen of which 20th Century-Fox and all connected with the film may well be proud. It is a moving, dramatic story of the drab lives of the people of a Welsh mining town, personified in the Morgan family, deeply attached to their once green and charming valley, turned tawdry and smoke- laden by the coal mine which gives sustenance — but hardly enough — to the townspeople. The production had been beautifully mounted, and directed with rare skill by John Ford, who hereby adds another feather to an already well-filled cap. There is quality enough for praise to go completely around. Too much cannot be said of the performances. There is little to choose among them, so consistently excellent are they all, including Donald Crisp, as Mr. Morgan ; Maureen O'Hara, his daughter ; Sara Allgood, his wife ; Walter Pid^eon, the preacher ; Anna Lee, wife of one of Morgan's six sons; Roddy McDowall, the small son; John Loder, the eldest; Barry Fitzgerald, contributing high comedy with his accent (Continued on page 3) Bernhard Is Warner Bros. Vice-President Kalmenson Will Appoint Three District Heads Joseph Bernhard was elected vice-president of Warner Bros. Pictures, Inc., at a meeting of the company's board of direc- tors yesterday. He will retain the presidency o f W a r n e r Bros. Circuit Manage- ment Corp., the theatre company, in addition to handling greater execu- tive duties in his new post. Joseph Bernhnrd the company stated. Bernhard will appoint an assistant in the theatre department within the next few days. The appointment will be made from within the Warner ranks, he stated. Bernhard's election to the new post was forecast exclusively in Motion Picture Daily on Monday. The new post is said to carry with it executive (Continued on page 6) Iowa Group to Give 16mm. Data to I.T.O. Des Moines, Oct. 28.— The com- mitte of representative members of the film industry in Iowa, appointed to investigate the 16mm situation in the state, has decided to turn over all material and evidence to Leo F. Wolcott, president of the Allied ITO of Iowa and Nebraska, completing the work of the committee. It was recommended that Wolcott present the situation to the next gen- eral exhibitor meeting, and that if ad- ditional data were required a new committee be named, to consist of ex- hibitors onlv. Metro to Show Four Films Nov. 10 and 12 M-G-M yesterday announced trade showings of four new season pictures. "Kathleen" and "Design for Scan- dal" will be shown in all exchanges on Nov. 10, and "H. M. Pulham, Esq., and "Tarzan's Secret Treasure" will be shown on Nov. 12. Motion Picture Daily Wednesday, October 29, 1! Coast Flashes Hollywood, Oct. 28 MONOGRAM Pictures Corp. to day announced that its unaudited report for the first quarter ended Sept. 27 shows a net profit of $39, 459 after provision for all taxes. • Signal Corps Reserve officers, in- cluding Lieut. Col. Darryl Zanuck, Col. Nathan Levinson, Major John Aalberg and Capt. Gordon S. Mitchell are expected back late in the week from Washington where they are to confer on production of training films. • Ralph Murphy will succeed the late Victor Schertzinger as director of "The Fleet's In" for Paramount, it was announced today. Schertzinger had virtually completed the picture when he died last weekend. • The Pacific Coast Section, Society of M. P. Engineers, will be guest of the department of cinema of the Uni- versity of Southern California Thurs- day evening. Dr. Albert S. Rauben- heimer will preside. • Hal Forbes, executive vice-presi- dent of Sunbeam Productions, left for New York today for conferences in connection with a series of westerns planned by the company. e Paramount today announced the purchase of 'The Stars Shine On," story of a mail order house employe, by _ Marion Parsonnet and William Thiele. Personal Mention H ERMAN WOBBER returned last night from California. Irving C. Jacocks, Jr., Connecti- cut MPTO head, is back at the Bran- ford Theatre, New Haven, after sev- eral days' sick leave. • Jules Lapidus, Universal district manager, left yesterday for Philadel- phia. He is expected back early next week. • Ernest Morrell, head of Loew's transportation department, is recuper- ating at Jamaica Hospital following an operation. • Maxwell Weinberg, manager of the Little Theatre in Baltimore, has returned from a visit in Atlantic City. • Morris Cohn of Columbia in Al- bany will return there as a salesman in November, having been released from the Army. • Roy Sullender, assistant manager of Warners' Stanton, Philadelphia, be- came the father of a son last week. \J[ ARY PICKFORD left for the Coast last night with stopovers at Cincinnati and Kansas City. • James P. Clark, head of Highway Express Lines, Philadelphia, was named association chairman of the local 1942 United Charities Cam- paign's industry and finance depart- ment. • Harry A. Ross, president of Ross Federal Service, has returned to his office after being ill with pneumonia. • Leo Trainor, manager of the Rial- to, Allentown, Pa., has been named head of the industry committee for the annual Community Chest charity drive. • Sylvia Kalickman, secretary to David Milgram, head of Affiliated Theatres, Philadelphia, has announced her engagement to Michael Cohen of Pittsburgh. • Katherine Spencer of Warner Theatres is confined to New Haven Hospital with pneumonia. Newsreel Parade Grainger Reports Deals James R. Grainger, Republic presi- dent, has returned here from a three- week tour of the country. While in St. Louis he closed a new season product deal with Fanchon & Marco and the St. Louis Amusement Co., covering first-run and neighborhood houses. 5 W COOL, COMFORTABLE WAYS TO GO TO Los Angeles New Musical Will Make Bow Tonight A new musical comedy, "Let's Face It," with Danny Kaye, Eve Arden, Benny Baker, Mary Jane Walsh, Edith Meiser and Vivian Vance in featured roles, opens tonight at the Imperial. The book is by Herbert and Dorothy Fields. Songs are by Cole Porter. Vinton Freedley is the producer. PRESIDENT ROOSEVEL ■L takes the lead in the midweek i sues in delivering his Navy Day a dress. Football is given the usual < tention. The reels and their content MOVIETONE NEWS, No. 15.— Roo yelt's speech. Parachutist in six-mile jut in Chicago. Beaverbrook and Harriman Moscow. British troops arrive in Sing pore. Flying fortresses in Hawaii. Gia windmill in Vermont. Minnesota -Michig; Notre Dame-Illinois football. NEWS OF THE DAY, No. 213— Rocs velt's Navy Day address. Troops in Sing pore. Football: Northwestern-Ohio Stat Alabama -Georgia'. PARAMOUNT NEWS, No. lS-Floo in Canada. New defense tax in New Yor Electric windmill in Vermont. Record pa achute jump in Chicago. Chattanooga i fant does calisthenics. Action at shipyard John L. Lewis calls strike. Roosevell speech. Football: Minnesota-Michigan; N. tre Dame-Illinois; Pittsburgh-Duke. RKO PATHE NEWS, No. 18-Roos velt's speech. Flood in Kansas. Dougl; Fairbanks, Jr., in the Navy. Giant win< mill in Vermont. Football: Minnesot; Michigan; Navy-Harvard; Alabama-Geo gia. Bishop Tucker in Washington. UNIVERSAL NEWSREEL., No. 27 Roosevelt's speech. Japanese forces in Indc China. New Japanese cabinet. Britis troops in Iran. Kansas City negroes ir herit fortune. Football: Minnesota-Mich gan; Northwestern-Ohio State; Mississipp Xulane. THE MERCURY (Two Sections' THE THE SOUTHERNER THE SUN COUNTRY SPECIE *rr;Los Angeles . LAVrDaUa^tW°rth Ax. Los Angeles . • Lv. New Y°rkWotth Ar.Dallas-ft > 11:15 pm g-24 am 3:12 pm 6:45 am 4:41 pm 12:45 am Pittsburgh Club to Hold New Election Pittsburgh, Oct. 28.— The loca. Variety Club will not introduce its new officers at its annual banquet Nov. 2 in the William Penn Hotel. The coming year's executive board will not have been elected despite the club's having held an election Oct. 13. The reason is that the recent election of directors has been declared invalid because of insufficient notification about a change of place for the elec- tion. Another election will be held Nov. 10 in the club's quarters. Ar.Los Angeles AMERICAN AIRLINES 0™. ROUTE OF THE FLAGSHIPS Lasky Sets Budget On Mark Twain Film A tentative production budget of more than $1,000,000 has been set for "The Adventures of Mark Twain," which will be Jesse L. Lasky's next production for Warners, the producer said on his arrival here from the Coast yesterday. Lasky said the pic- ture would go before the cameras shortly after the first of the year. Lasky plans to remain in New York about two weeks. H or lac her Name Changed Philadelphia, Oct. 28.— Horlach- er's Delivery Service, film delivery service^ headed by James P. Clark, has officially changed its name to Highway Express Lines, Inc. Several Speakers For Ampa Meeting Jesse L. Lasky and Douglas c! Cole, Canadian Government Trad« Commissioner, will be guests a: the Ampa lunch at the Hotel Edisoi today, when J. J. Fitzgibbons, presi-' dent of Famous Players Canadiar Corp., will be principal speaker. The luncheon will start at 12:45 P. M. Austin Keough, Paramount general counsel, will introduce Fitzgibbons. Mort Blumenstock, Eastern advertis- ing and publicity head for Warners, will introduce Lasky. Kilgore Denver Partner Memphis, Oct. 28.— Robert Kilgore has resigned as manager of Loew's Palace here to accept a partnership in the Victory Amusements Co., which operates two theatres in Denver. Boyd Fry has been transferred from Loew's United Artists in Louisville to takei over management of Loew's Palace. 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 Picture Almanac and Fame. En- tered as second class matter, Sept. 23, 1938, at the post office at New York, N. Y., under the act of March 3, 1879. Subscrip- tion rates per year $6 in the Americas and $12 foreign. Single ccpies 10c. idnesdav. October 29, 1941 Motion Picture Daily 3 "HowGreen WasMyValley" (.Continued from pane 1) and appearance; the Welsh Singers; Patric Knowles, the ex-boxer, and all the rest. It is a sharply etched picture of this town and its people, done with consummate skill in art direction, photography and settings to provide a depth of realism rarely matched. It is true that the film at times moves slowly, but that is quite in keeping with the lives and manner of the people concerned. There is little of preachment, other than an occasional sharply drawn contrast between mine owners and workers, and a cry for the necessity of union- izing for the benefit of the miners. The story is told from the first person viewpoint of the small son, recounting his early years in the valley, which form the basis of the story. Pictured is the flow of life of the Morgan family, dutiful, respect- ful, hard-working, making much of little things, saddened by the hypoc- ricy of the scandal-loving gossips, who feast upon the love of the preacher and Miss O'Hara. Highlighting the picture are the denunciation by Miss Allgood of the men who would ostracize her husband because he protests their union activities; the boy's first days in the national school, when he is bullied by older, wealthy boys and a tyrannical and brutal school- master, and the delightful bit in which the ex-boxer and Fitzgerald administer a sound thrashing to that schoolmaster ; the fire and explosion in the colliery, which kill Morgan, in the unending scheme of life in the mining town. The film is fully worthy of every effort exhibitors can put into its sell- ing, as a fine and distinguished example of what the screen can ac- complish. Running time. 118 minutes. "G."* Charles Aaronson "Riders of Black Mountain" (Producers Releasing) nrHIS is lacking in effectiveness. Flaws in sound and photography 1 combined with generally poor staging are chiefly responsible. What appears to be the western's sole asset is the name of Tim Mc- Coy, who has the lead, that of a marshal posing as a gambler while in- vestigating a series of stagecoach holdups. The yarn is strictly routine. Sigmund Neufeld produced the picture, which was directed bv Peter Stewart. Rex Lease, Edward Peil, Sr., Frank La Rue and Pauline Hadden are in supporting roles. Running time, 59 minutes. "G."* Eugene Arneel Valley' Is Given (Broadway Opening (Continued from page 1) '[. theatre front, which was designed i accordance with the theme of the in, the premiere was impressive. (ie opening also was a tribute to llin Ford, the film's director, who is lehrating his 25th anniversary in ^ industry, and is now on active ,[ty with the Navy. »Roar Admiral Adolphus Andrews, fcnraandant of the Third Xaval Dis- jct, headed the Navy contingent at- liding. iDarryl F. Zanuck, vice-president in large of 20th Century-Fox produc- pn, attended from Hollywood. |Others in attendance included : Her- jui Wobber, Will H. Hays, Ned E. epinet, Jules Brulatour, Mr. and r-. Martin Quigley, Mr. and Mrs. Uvin Brown, Jack Cohn, Joseph •;rnhard, Sam Shain, William Ger- an, George and Spyros Skouras. •seph Vogel, Leon Netter, Charles oerner, A. M. Botsford, William ichel, Morris Kinzler, Mrs. Edwin Weisl, W. C. Gehring, W. J. Kup- ;r, William Sussman, Joseph Mos- .owitz, Sigrid Cndset, Sonja Henie, ' ene Dunne, Herman Shumlin, Mrs. jshing Roosevelt and others. Eve' Hits $13,000; Toronto Week Big Toronto, Oct. 28.— "It Started Kith Eve" took $13,000 at the Up- ■)\vn, and "Hold Back the Dawn" at ie Imperial registered $12,800 in a rong week. Estimated receipts for the week . iding Oct. 25 : Quiet Wedding" (British) lEGLINTON— (1,086) (18c-30c-48c-60c) 6 tHys, 2nd week. Gross: $2,800. (Average, fy,500) Hold Back the Dawn" (Para.) IMPERIAL— (3,373) (18c-30c-42c-60c-90c) 6 bys. Gross: $12,800. (Average, $9,000) Honkv Tonk" (M-G-M) LOEW'S— (2,074) (18c-30c-42c-60c-78c) 6 hp> s, 2nd week. Gross: $9,500. (Average, Nothing But the Truth" (Para.) SHEA'S— (2.480) (18c-30c-42c-60c-90c) 6 .ays. Gross: $12,000. (Average. $9,000) Here Comes Mr. Jordan" (Col.) The Richest Man in Town" (Col.) TIVOLI — (1,434) (12c-30c-48c) 6 days, -ross: $3,700. (Average. S3.900) It Started with Eve" (Univ.) j UPTOWN— (2.761) (18c-30c-42c-60c-90c) 6 >>s. Gross: $13,000. (Average, $9,000) ndianapolis Gives 'York' Big $16,000 ' Indianapolis, Oct. 28.— "Sergeant "ork" took a smash SI 6,000 at the "ircle. "Smilin' Through" and "Dr. lildare's Wedding Day" did $9,200. Estimated receipts for the week ;nding Oct. 24: Sergeant York" (W.B.) : CIRCLE— (2.800) (28c-33c-44c) 7 davS. ,.ross: $16,000. (Average. $6,500) New York Town" (Para.) .Henry Aldrich fcr President" (Para.) I IN'DIANA— (3.200) (28c-33c-44c) 7 davs. .ross: $5,600. (Average. $7,000) Smilin' Through" (M-G-M) :fDr. Kildare's Wedding Dav" (M-G-M) I-OEW'S— (2.800) (28c-33c-44c) 7 days ,".rc»ss: $9,200. (Average. $8,000) A Yank in the R.A.F." (20th-Fox) 'Charlie Chan in Rio" (20th-Fox) LYRIC— (2.000) (28c-33c-44c) 7 days, 2nd /eek. Gross: $5,500. (Average, $4,500) Resume Standard Time ^ South Bend, Ind., Oct. 28.— South 3end, Mishawaka and several other 'orthwestern Indiana communities eturned to Standard Time Sunday, ibout a month later than the rest of he state. *"G" denotes general classification. 'Mexico' and Show Lead Kansas City Kansas City, Oct. 28. — "Down Mexico Way" and a stage show feat- uring Smiley Burnette, drew $8,700 at the Tower. "Unfinished Business" drew well at the Esquire and Uptown in nine days. Estimated receipts for the week end- nig Oct. 21-24: "Unfinished Business" (Univ.) ESQUIRE— (800) (30c-44c) 9 days. Gross: $4,100. (Average for 9 days, $3,000) "Smilin' Through" (M-G-M) "Dr. Kildare's Wedding Day" (M-G-M) MIDLAND — (3,600) (28c-44c) 7 days. Gross: $8,800. (Average, $8,500) "Navy Blues" (W.B.) "Smiling Ghost" (W.B.) NEWMAN— (1,900) (28c-44c) 7 days. 2nd week for "Navy Blues." Gross: $7,000. (Average. $7,000) "Sergeant York" (W.B.) ORPHEUM— (1,900) (40c-55c) 7 days, 3rd week. Gross: $5,500. (Average, $5,000) • "Down Mexico Way" (Rep.) TOWER— (2,200) (30c-50c) 7 days. Stage: Smiley Burnette 2 days, Hoosier Hot Shots 5 days, plus other acts. Gross: $8,700. (Average, $6,000) "Unfinished Business" (Univ.) UPTOWN — (2,000) (30c-44c) 9 days. Gross: $6,000. (Average, 9 days, $5,000) St. Louis Club Plans St. Louis, Oct. 28.— The local Va- riety Club is planning a party at its new quarters in the Coronado Hotel Nov. 15. Arrangements are being made for at least one affair a month at the club. New officers are scheduled to be elected Nov. 7. 'York' in Baltimore At Record $32,000 Baltimore, Oct. 28. — "Sergeant York" broke all records for the first week of its engagement at the Stanley here with $32,000 at a slight increase in prices. "Father Takes a Wife" plus a stage show at the Hippodrome drew $21,000. Estimated receipts for the week end- ing Oct. 23: "Honky Tonk" (M-G-M) CENTURY— (3,000) (28c-44c) 7 days, 2nd week. Gross: $10,400. (Average, $10,000) "Nothing But the Truth" (Para.) KEITH'S— (2,406) (15c-28c-33c-44c) 7 days, 2nd week. Gross: $14,000. (Average, $9,000) "A Yank in the R.A.F." (20th-Fox) NEW— (1,581) (15c-28c-35c-55c) 7 days, 2nd week. Gross: $8,000. (Average, $7,000) "Sergeant York" (W.B.) STANLEY — (3,280) (40c-44c-55c-66c) 7 days. Gross: $32,000. (Average, $12,000) "Father Takes a Wife" (Col.) HIPPODROME — (2,205) (15c-28c-39c-44c- 55c-66c) 7 days. Stage show featuring the Four Ink Spots and Louis Prima with his orchestra. Gross: $21,000. (Average, $14,000) GTE Shows Quarter Profit of $393,304 General Theatres Equipment Corp. and subsidiaries, excluding Cinema Building Corp., yesterday reported for the three months ended Sept. 30 con- solidated net profit of $393,304 after provision for depreciation and esti- mated Federal income and excess profits taxes. This compares with net profit of $173,797 reported for the corresponding quarter last year. 'Smilin' Draws $35,500 at 2 Boston Spots Boston, Oct. 28. — "Smilin' Through" coupled with "Tanks a Million" gave Loew's State and Orpheum a total gross of $35,500. "The Little Foxes" plus "Unexpected Uncle" held up well for the second week at the Keith Memorial with a gross of $19,000. Estimated receipts for the week end- ing Oct. 22-25: "Burma Convoy" (Univ.) KEITH BOSTON— (2,697) (30c-44c-55c- 65c) 7 days, stage show including "The Follies Bergere of 1942." Gross: $12,000. (Average, $8,000) "The Little Foxes" (RKO) "Unexpected Uncle" (RKO) KEITH MEMORIAL— (2,907) (30c-33c- 40c-55c) 7 days, 2nd week. Gross: $19,000. (Average, $16,000) "Unfinished Business" (Univ.) "The Smiling Ghost" (W. B.) METROPOLITAN— (4,367) (28c -30c -40c- 55c) 7 days. Gross: $14,300. (Average, $15,500) "A Yank in the R.A.F." (20th-Fox) "Charlie Chan in Rio" (20th-Fox) PARAMOUNT— (1,797) (28c-30c-40c-44c- 55c) 7 days, 2nd run. Gross: $9,200. (Aver- age, $7,500) "A Yank in the R.A.F." (20th-Fox) "Charlie Chan in Rio" (20th -Fox) FENWAY— (1,320) (28c -30c -40c -44c -55c) 7 days, 2nd run. Gross: $6,100. (Average, $4,500) "Sun Valley Serenade" (2ttth-Fox) "This Woman Is Mine" (Univ.) SCO'LLAY— (2,500) (28c-30c-40c-55c) 7 days, 3rd run. Gross: $4,700. (Average, $4,000) "Smilin' Through" (M-G-M) "Tanks a Million" (U.A.) LOEW'S STATE— (3,000) (30c-40c-44c- 55c) 7 days. Gross: $16,300. (Average, $12,000) "Smilin' Through" (M-G-M) "Tanks a Million" (U. A.) LOEW'S ORPHEUM — (2,900) (3Oc-40c- 44c-55c) 7 days. Gross: $19,200. (Aver- age: ' $17,500) 'Honky Tonk' Best In Detroit, $14,000 Detroit, Oct. 28.— "Honky Tonk" and "Dr. Kildare's Wedding Day" grossed $14,000 at the United Artists, "A Yank in the R.A.F." and "Moon- light In Hawaii" had a second good week for $20,000 at the Fox. Estimated receipts for the week end- ing Oct. 23: "Badlands of Dakota" (Univ.) "Mob Town" (Univ.) ADAMS— (1,600) (15c-39c-44c-55c) 7 days. Gross: $5,000. (Average, $5,500) "Moon Over Miami" (20th-Fox) "Out of the Fog" (W.B.) FISHER— (2,700) (15c-39c-44c-55c) 7 days. Gross: $6,400. (Average, $7,000) "A Yank in the R.A.F." (20th-Fox) "Moonlight In Hawaii" (Univ.) FOX— (5,000) (20c-44c-55c-65c) 7 days, 2nd week. Gross: $20,000. (Average, $15,000) "Nothing But the Truth" (Para.) "Buy Me That Town" (Para.) MICHIGAN— (4,000) (15c-39c-44c-55c-65c) 7 days, 2nd week. Gross: $14,000. (Average, $12,000) "Underground" (W.B.) "Devil Dogs of the Air" (W.B.) PALMS— (2,000) (25c-39c-44c-55c) 7 days. Gross: $7,000. (Average, $7,000) "Honky Tonk" (M-G-M) "Dr. Kildare's Wedding Day" (M-G-M) UNITED ARTISTS— (2,800) (20c-39c-44c- 55c.) 7 days. Gross: $14,000. (Average, $10,000) Mexico Bans 'Billy* Mexico City, Oct. 28.— On the ground that it contains material ob- jectionable to Mexico and her people, the Federal Film Supervising and Censoring Department has forbidden exhibition in this country of "Billy the Kid," M-G-M film. 6 Motion Picture Daily Wednesday, October 29, 1941 Bioff Admits Giving False Testimony, Grilled by U.S. Bernhard Is Warner Bros. Vice-President (Continued from page 1) duties in the distribution department. Bernhard will be among' the home of- fice executives who will attend the meeting of Warners' branch mana- gers here Friday and Saturday. The meeting was called by Ben- jamin Kalmenson, newly appointed general sales manager, who is sched- uled to make several appointments to fill existing vacancies in executive posts in the sales organization, among them three district managerships cov- ering the South and Southwest. Bernhard joined Warners in 1929. In addition to heading the theatre subsidiary he is a member of the board of Warner Bros. Pictures, Inc., and a vice-president and director of the Stanley Co. of America. He was as- sociated with the latter company be- fore joining Warners. He became head of the theatre department in 1931 after a period as head of the company's real estate department. He is chairman of the theatre di- vision of the Motion Picture Com- mittee Cooperating for National De- fense and chairman of the USO The- atre drive. In 1938 he was named by Governor Harry Moore of New Jer- sey to serve as chairman of the Un- employment Relief Commission, and until recently was a member of the Health, Welfare and Recreation com- mittee of the New Jersey Defense Council. Complete Plans for Capital Club Party Washington, Oct. 28. — With Car- ter T. Barron, Loew's zone manager, as general chairman, plans are near completion for the Variety Club's eighth annual banquet at the Hotel Willard Nov. 15. Committee chairmen include : Frank LaFalce, publicity ; Harry Anger and Gene Ford, entertainment ; Harry Somerville, special talent, hotel reser- vations and dinner ; Sam Wheeler, tickets ; Sidney Lust, program ; Arch Engel, printing ; Herbert Sauber and Max Rosenberg, decorations ; Fred Rohrs, reception ; Guy Wonders and Joseph Morgan, distinguished guests ; Clarke Davis, night club entertain- ment; James A. Pratt, projection; John Allen, out-of-town contacts ; An- gie Ratto and Wade Pearson, uni- form personnel ; Rudolph Berger, raf- fle; A. Julian Brylawski, finance, and the Revs. John K. Cartwright and John C. Palmer and Rabbi Norman Gerstenfeld, chaplains. Harriet Hoctor, Fred Keating and Harrison & Fisher are among the stage stars who have been enlisted in support of Gracie Fields at the Va- riety Club's British War Relief bene- fit in Constitution Hall Saturday night. One Formed, 2 Dissolved Albany, Oct. 28. — Vigor Motion Picture Corp. has been chartered here by Sanford Greene, Jerome Edwards and Lillian Schwarz, New York. Williston Theatre, Inc., and Washton Amusement Corp., New York, have been dissolved. (Continued from page 1) pointed to testimony given by the de- fendant before a California legislative committee in which he had testified that he had been a stagehand and a member of the IATSE since 1923. Bioff answered flatly that he was never a stagehand or a member of the union. "Then why did you tell the com- mittee that you were?" Correa de- manded. "I said it for the benefit of a bunch of Communists," was Bioff's reply. "You mean the California legisla- tive committee was a bunch of Com- munists?" Correa continued. "I never was stagehand," answered Bioff. Admits Falsehoods Correa persisted in his questioning along those lines until Judge Knox insisted that the witness give a di- rect answer. Bioff thereupon ad- mitted that he had not told the truth to the committee. Correa questioned Bioff with re- ference to his testimony that his first employment in the labor movement was as driver of a car for Jerry Leahy in Chicago. Producing testimony given in habeus corpus proceedings in Chicago on March 6, 1940, in con- nection with Bioff's 1922 pander con- viction, Correa pointed out that Bioff there testified under oath that he had been employed by Mike Galvin and had not mentioned Leahy. Bioff admitted that he had not told the truth in that case. Asked why he had given false testimony, he stated that Mike Galvin had been a promi- nent Democratic leader in Chicago and that he had wished to convey the impression that he was a friend. "Were you trying to impress the judge?" Judge Knox demanded. Bioff hastily replied that he was trying to impress friends of his who were sitting in court and who might not remember him because he had put on weight since he had left Chicago. Defense Objects Correa followed this by asking whether Bioff had subsequently dropped Galvin's name in his direct testimony in the present case because Galvin had been killed in a Chicago gang war but this was ruled out after defense objections. Following this, Correa introduced an application for a life insurance policy certified as true by Bioff in 1926 in which he stated that he had been employed as superintendent of a brick yard in St. Joseph, Mich, for 10 years. Bioff explained that he thought it was necessary to be em- ployed to obtain life insurance and had falsified the application for that reason. He said he had been em- ployed in that capacity for about six months "on and off" in 1926. Philip D'Andrea was owner of the yard. Following Judge Knox's question about whether the defendant felt bound by the sanctity of an oath, the court recessed until this morning when Bioff's cross-examination will continue. Earlier, on direct examina- tion, Bioff had given flat denials of any threats or demands for money from industry executives and had stated that his co-de- fendant, George E. Browne, president of the IATSE, had never known of the payments of money by industry executives for delivery to Joseph M. Schenck, as Bioff had previously testified, nor had Browne ever been present on such occasions. Browne knew nothing of the Smith & Aller deal for raw stock commissions, Bioff also said. Toward the close of his direct testi- mony, Bioff told how he had been arrested on Thanksgiving Day, 1939, on 1922 pander charges, just as an ultimatum given to producers on a strike was about to expire. On cross- examination, Correa asked whether Bioff had meant to imply that the pro- ducers had caused the arrest. Bioff replied that he thought that some of the producers who were unfriendly to him had caused the arrest. Bioff later admitted that he had told trade paper reporters at that time that Joseph M Schenck had caused the arrest. Bioff, however, admitted also that he had continued to act as "messenger" in the delivery of money for Schenck after his return from jail. Relates Stock Deals Most of the day was taken up with Bioff's testimony of how he had been aided in stock deals by Joseph M. Schenck and of his friendly relations with Harry M. Warner, president of Warner Bros. Bioff said he closed out his stock account at the request of Schenck when the latter complained that tax agents were bothering him about a $100,000 loan. In addition to dividends, Bioff, said, he made about $1,500 on the transaction and returned the money advanced to Schenck. He said the latter "declared me in" on card game winnings of $8,000 in 1937 and $4,375 in 1938, how he received a sun cabinet in 1936, and that he had received about $20,000 in all in gifts from Schenck. Bioff also told of attending religious services with Warner, of being a guest at Harry M. Warner's home two or three times a week, of clock- ing horses with Warner, and of being permitted to buy stock in the Holly- wood Turf Club and similar incidents. He said S. R. Kent arranged for Charles G. Russell, former head tax commissioner, to handle income tax details for him. Invited by Warner Bioff said that Harry M. Warner had invited him to attend a meeting at which the industry organized to oust Communists and Bundists from the industry. He said that Nicholas M. Schenck, president of Loew's had told him that it was necessary to "take advantage" of the 7y2 per cent commission offered by Smith & Aller on the raw stock deal and that Nicholas M. Schenck made the arrangements with Louis B. Mayer, Loew's studio head. All com- missions collected were turned over to Bioff who turned them over to Joseph M. Schenck after deductions for salaries and income taxes, Bioff testified. Russell and Ruth Nolander, Joseph M. Schenck's secretary, are scheduled to be called as defense witnesses, it was indicated yesterday. ' Chicago, New Havei Exhibitors Win Cul In Zone Clearance (Continued from page 1) and one-quarter miles distant. War I ners was eliminated from the corn I plaint three weeks ago after restorin; I the run requested by the Sheridan. At New Haven, A. A. Ribicoff, ar ] bitrator, ruled that the existing clear I ance for the New Newington Theatre I Newington, Conn., operated by Frei I Quatrano, is unreasonable and estab I lished a maximum clearance for tb'l house of 21 days after New Britain! first run. The case named all fiv I consenting distributors. Since War I ners' Strand and Embassy in Newfl Britain were interested parties, th< I arbitrator's award does not apply t( I the clearance which that company al I lows those houses on its own product I Costs were divided equally among thi I parties. In its complaint the New Newing I ton had set forth that some distribu I tors had offered it 30 days' clearana I after New Britain first run and other: I had offered it 37 days. The theatn I had sought a reduction of clearance tc.J seven days. The arbitrator held tha i even though the award is likely tc I give the New Newington a clearance ! prior to the Palace, a New Britair I second run, that fact "will not be det- I rimental to the latter theatre's revenues! nor to the revenue of the distribu- I tors." Expect 175 at Dinner Of Pioneers Tonight I (Continued from page 1) bluh, Nathan Hirsh, W. C. Michel"! Harry C. Arthur, Jr., H. S. Eskial H. E. Rosenquest, Nathan E. Gold- 1 stein, William R. Ferguson, Haskell I M. Masters, Phil Hodes, Hal Home, Jack Levin and Russell C. Roshon. Pete Smith of Hollywood and Max Lefkowich of Cleveland will be in- ducted in absentia. Cohn Paid $145,600, SEC Report Shows (Continued from page 1) $2,650,000 from banks under a loai* agreement dated March 26, 1941, cov-" ering a total of $3,000,000 of loans from these banks. The loans are to1 mature Feb. 28, 1946. Abe Montague, general sales man- ager, has an option to purchase 7,88(1 ; shares of stock at $7.62^ cents a, share at any time before Aug. 10, 1946, according to the report. Empire Union Signs Bronx House Pact (Continued from page 1) the previous operation of the theatre i by George Stamatis, who sold the house recently. The contract provides for two men- in the booth, 35-hour work week, two- weeks vacations with pay and salary ; of $40 per week. Heads Warner Club Chicago, Oct. 28. — Steve Fitzger- ald, manager of the Stratford Theatre here, is the new president of the Warner Club of Chicago. He suc- ceeded Al Blasko, who resigned when he was transferred to Milwaukee, which is out of the club district. — ■nwday, October 29, 1941 Motion Picture Daily 7 Self Defense St. Louis, Oct. 28 riMVERSITY of Missouri U students at Columbia, icho celebrate victories of their football team with an invasion of the town's the- atres, will be admitted free upon presentation of student council membership cards. Heretofore a gridiron tri- umph signaled a mass inva- sion of the theatres by the student body, marked by dis- regard of cashiers and door- men. week lonky Tonk' Hit in •ittsburgh, $25,000 Pittsburgh, Oct. 28. — "Honky pnk" almost doubled average busi- es at Loew's Penn with $25,000, tile "Sergeant York" set a new i>ldover record for the Warner, $12,- 10. Estimated receipts for the iding Oct. 23 : t Started With Eve" (Univ.) FULTON— (1,700) (30c-50c) 7 days. Gross: .TOO. (Average, $5,000) Hooky Took" (M-G-M) LOEW'S PENN— (3,400) (28c-39c-55c) 7 avs. Gross: $25,000. (Average, $13,000) A Yank in the R_A.F." (20th-Fox) SENATOR— (1.800) (28c-39c-55c) 7 days, • id week. Gross: $5,500. (Average, $5,000) Flying Blind" (Para.) Highway West" (W£.) RITZ— (800) (28c-44c) 7 days. Gross: 1,700. (Average. $3,000) Navy Blues" (W.B.) STANLEY— (3,600) (28c-44c-66c) 7 days, hi stage: Benny Meroff's "Funzafire." iross: $16,000. (Average, $18,000) •Sergeant York" (W.B.) WARNER— (2.000) (30c-44c-66c) 7 davs, nJ week. Gross: $12,000. (Average. $5,000) York' Is Strong in Newark at $20,000 Newark, Oct. 28. — "Sergeant ¥ork" set the season's record at the 3ranford, scoring $20,000. "Hold Back the Dawn" registered $14,400 n the third week at the Paramount- Newark. Estimated receipts for the week end- ing Oct. 22-24: Sergeant York" (W.B.) WARNER'S BRANFORD— (2,840) (30c- «40c-55c-66c-75c) 7 days. Gross: $20,000. (Average, $14,000) "Lydia" (U.A-) "Tillie die Toiler" (Col.) LOEW'S STATE— (2,589) (30c-44c-55c-65c- -75c) 7 days. Gross: $13,800. (Average, $13,800) • The Little Foxes" (RKO) "Hurry, Charley, Hurry" (RKO) ; RKO PROCTOR'S— (3.389) (25c-33c-44c- ? 55c-65c-75c) 7 days, 2nd week. Gross: $15,100. (Average, $14,500) "Hold Back the Dawn" (Para.) PARAMOUNT - NEWARK — (2.200) (30c - 44c -55c -65c -75c) 7 days. 3rd week. Gross: $14,400. (Average, $13,750) "No Greater Sin" (University) LITTLE— (299) (33c-44c-55c) 7 days, 5th week. Gross: $1,000. (Average, $1,800) Notes from Hollywood Hollywood, Oct. 28 TO Kathryn Grayson and John Carroll have gone the biggest roles of their careers, and good ones in anyone's, for that matter — the leads in "Rio Rita," Abbott and Costello vehicle at M-G-M. The picture, rights to which were acquired from RKO, will be directed by S. Sylvan Simon who, likewise, draws die most important assignment he has had. Pandro S. Berman is producing the de luxe musical. Valentine Davies, playwright, has reported to 20th Century- Fox to work on "Greenwich Village"; Eugene Thackrey has been given a term writing con- tract there, and Ben Hecht checked in to work on "Ten Gentlemen from West Point." . . . Clarence Brown is not go- ing to England to direct "Ran- dom Harvest" for M-G-M. • • Richard Cromwell, John Miljan, Jack C. Smith from the stage, and Mary Ruth head the cast of Mono- gram's "Riot Squad," being produced and directed by Edward Finney . . . Leo Robin and Ralph Rainger have assigned to the U.S.O. the rights to their patriotic song, "Uncle Sam Gets Around" . . . For its high budget pic- ture "Lady for a Night," Republic is using 1,200 extras, a record for the lot . . . RKO has made a Marine Corps recruiting trailer with Victor McLaglen and Edmund Lowe play- ing their Marine parts from the pic- ture, "Call Out the Marines." The trailer will be distributed by the Ma- rine Corps and given free to exhibi- tors. • • Production has started on "Des- tiny." high budget horror-melodrama at Universal. Cast are Claude Ratns, Warren William, Ralph Bellamy, Evelyn Ankers, Patric Knowles, Bela Lugosi, Dick Foran, Lon Chaney, Jr., Maria Ouspenskaya. George Waggner will produce and direct. • • Warners has purchased "Ethan Frome," novel by Edith Wharton, as a vehicle for Bette Davis. Ray- mond Massey will co-star with her, according to plans . . . Van Heflin joins Robert Young and Marsha Hunt in "Joe Smith, American," at M-G-M . . . "Shut My Big Mouth" is the new title for "I'm No Cowboy," Joe E. Brown picture at Columbia which Charles Barton will direct under producer Robert Sparks. Adele Mara, Latin starlet and singer, will have the feminine lead . . . James Seay has been set for "Tor- pedo Boat," Pine-Thomas picture starring Richard Arlen . . . Joan Woodbury goes into "Dr. Broadway," at Paramount . . . The executive board of the Screen Writers Guild has named Allan Scott to head the clearing house committee for the dis- tribution of writers' sketches to the nation's army camps. • • Warners has extended the contract of director Irving Rapper, as the result of his guidance of "One Foot in Heaven." He next will do the remake of "Humoresque." . . . Henry Blanke has been as- signed production reins on "Rhapsody in Blue," life story story of the late George Gershwin, and "Treasure of the Sierra Madre," at the War- ners. . . . Shirley Temple has been named "colonel" of the junior brigade of the motion picture division, Los Angeles Community Chest. • • Republic executives have decided to >tar Fay McKenzie, who appeared in "Down Mexico Way," in "Women with Wings," story of airline host- esses . . . Jerome Cowan gets an assignment in MGM's "Mr. and Mrs. North." . . John Howard has been given top role in Columbia's "The Man Who Returned to Life." To Show Film on Ship "Ships With Wings," produced in England by Michael Balcon, and which will be released by United Art- '■- ists, will be shown to the crew aboard the Ark Royal, British aircraft car- rier, now in England, prior to its opening at the Gaumont Theatre in London on Nov. 9, U. A. announced yesterday. Theatre for Mill Workers Charlotte, N. C, Oct. 28.— E. E. Wade, who owns theatres in nearby Belmont, is equipping a building for a film theatre for textile mill workers at North Belmont. Lewistown Houses Raise Price Scales Lewistown, Pa., Oct. 28— Local theatres all have raised admission prices. Taxes included, the Embassy and Rialto increased adult admissions to 39 cents evenings and 28 cents matinees with children prices corre- spondingly 17 and 11 cents. In addi- tion, both houses scaled the box-office at half price for all service men in uniform. New Pastime prices were raised to 22 cents evenings and 17 cents matinees for adults, children 11 and five cents, respectively. Screen Milk Subject "Penny a Day," documentary film on the milk program of the New York City schools, will be released tomor- row for showing in theatres in the five boroughs. The one-reel subject is presented by the Market Administra- tor of the metropolitan milk market- ing area. It was produced by Frank Donovan and is narrated by Lowell Thomas. 'U' Plans Exhibitor Contest on Shorts Universal will conduct an "Exhibi- tors' Goodwill Short Subjects Con- test," from Nov. 1 to Jan. 31, with prizes to go to the exhibitors for out- standing promotion on shorts and se- rials. The contest was announced by B. B. Kreisler, short subject sales manager. Trade paper editors and exhibitors will act as judges. The exhibitors in- clude : Edward Alperson, Sam Dem- bow, Gus Eyssell, Si Fabian, Edmund Grainger, John Harris, John Hattem, Irving Lesser, Arthur Mayer, John Nolan, Eugene Picker, Sam Rinzler, Harry Rosenquest, Herbert Scheftel, George Skouras and John Wright. The trade paper representatives in- clude : Terry Ramsaye and A-Mike Vogel, Motion Picture Herald; Sam Shain, Motion Picture Daily ; Chester Bahn, Film Daily; Mau- rice Kann, Boxoffke ; John E. Flinn, Variety; Jay Emanuel, The Exhibi- tor; Charles E. Lewis, Showmen's Trade Review; Mo Wax, Bulletin, and Lionel Toll, The Independent. 'York' Leads Philadelphia Gets $18,500 Philadelphia, Oct. 28. — Down- town theatres enjoyed good business. "Sergeant York" led the field at the Aldine, at slightly increased prices, taking $18,500. "Honky Tonk" at the Stanley drew $19,500 in the second week. Estimated receipts for the week ending Oct. 21-24: "Sergeant York" (W.B.) ALDINE— (1,400) (46c-57c-75c) 7 days. Gross: $18,500. (Average, $6,900) "New Wine" (UA) ARCADIA— (600) (35c-46c-57c) 5 days, 2nd week. Gross: $1,800. (Average, $2,600) "Hold Back the Dawn" (Para.) BOYD — (2,400) (35c-41c-46c-57c-68c) 7 days, 2nd week. Gross: $11,000. (Average, $13,000) "Blondie in Society" (Col.) EARLE — (4,000) (35c-41c-46c-57c-68c) 7 days. Vaudeville including Charlie Barnet's orchestra, Ford Leary, Bob Carroll, The Quintones, Lowe-Stanley & Hite, Billy Rayes and Pinky Tomlin. Gross: $18,000. (Average, $14,000) "We Go Fast" (20th Fox) FAY'S — (2,190) (15c-29c-35c-46c-57c) 7 days. Vaudeville including Sherry Britton, Ross & La Pierre, Anita Jakobi, Monroe & Grant, Ec|uillo Brothers, Andy Arcari, Gae Foster Roxyettes and Billy Klaiss' orchestra. Gross: $6,900. (Average, $6,900) "Weekend in Havana" (ZOth-Fox) FOX— (3.000) (35c-41c-46c-57c-68c) 7 days. Gross: $15,000. (Average, $13,000) "You'll Never Get Rich" (Col.) KARLTON— (1,000) (35c-41c-46c-57c-68c) 7 davs, 2nd run. Gross: $4,500. (Average, $3,000) "A Yank in the R.A.F." (ZOth-Fox) KEITH'S — (2,200) (35c-41c-46c-57c-68c) 7 days, 2nd run. Gross: $4,800. (Average, $4,500) "Honky Tonk" (M-G-M) STANLEY— (2,700) (35c -41c -46c -57c -68c) 7 days, 2nd week. Gross: $19,500. (Average, $14,000) "Texas" (Col.) STANTON— (1,700) (35c-46c-57c) 7 days. Gross: $6,500. (Average, $4,500) 'Honky Tonk' Pulls $19,200 in Buffalo Buffalo, Oct. 28— "Honky Tonk" at the Hippodrome established a rec- ord with a smash $19,200. "A Yank in the R. A. F." in a third week at the Great Lakes drew $8,300. Estimated receipts for the week ending Oct. 25 : "Nothing But the Truth" (Para.) "Buy Me That Town" (Para.) BUFFALO— (3,489) (35c-55c) 7 days, 2nd week. Gross: $9,400. (Average, $12,000) "A Yank in the R.A.F." (ZOth-Fox) "The Smiling Ghost" (W.B.) GREAT LAKES — (3,000) (35c-55c) 7 days, 3rd week. Gross: $8,300. (Average, $7,500) "Honky Tonk" (M-G-M) HIPPODROME— (2,100) (35c-50c) 7 days. Gross: $19,200. (Average, $6,800) "No Greater Sin" (University) "Three Sons O'Guns" (W.B.) TWENTIETH CENTURY— (3,000) (35c- 55c) 7 days. Gross: $7,000. (Average, $7,500) "This Woman Is Mine" (Univ.) "Mob Town" (Univ.) LAFAYETTE— (3,000) (30c-50c) 7 days. Gross: $6,000. (Average, $6,300) Menken Flew 35,000 Miles in Six Months Arthur Menken, Paramount News cameraman, traveled 35,000 miles dur- ing a six-month tour of the Orient and Antipodes, from which he re- turned this week. He shot more than 50,000 feet of film during the trip. He reports having been bombed 34 times during a week in Chungking. All but 5,000 miles of the total he covered was by air. He left San Francisco last March and visited all important Far Eastern and Australian centers. RESULTS OF 11,143 TH ITRES MADE THIS AD i 12 Motion Picture Daily Wednesday, October 29, Music Peace Is Due Today; Webs to Sign NBC and CBS were reported late yesterday to be prepared to sign the new Ascap licensing agree- ments today. It was indicated that in the event the often delayed sign- ing takes place as expected, NBC will be prepared to re- sume the use of Ascap music on its stations beginning to- morrow morning. CBS, however, is reported consid- ering a wait of one week after sign- ing to permit its sponsors to plan their programs with the knowledge that the new music will be avail- able then. It was reported that both networks have received notice of acceptances of the new Ascap contract from con- siderably more than 90 per cent of their independent affiliated stations, but that neither network has received 100 per cent acceptances yet. In addition, numerous minor points involving the new pacts are said to be still in dispute. However, to facili- tate the signing of the agreement by the networks today, it has been agreed that covenants covering the subjects in dispute will be placed in escrow, permitting their settlement after the formal signing of the con tracts themselves. Ascap music has been off the two major networks since Jan. 1 of this year. It was returned to the Mutual network under a separate agreement last May. THE CONTINENTAL Lv. 5:10 pm. Thru Mainliner sleeper to Los Angeles. No change of planes. Fly the cool, scenic Main Line Airway. Arrive Los Angeles 8:30 am. Four additional day- light and sleeper flights. ★ Call travel agents, hotels or UNITED AIR LINES Airlines Terminal: 80 E. 42nd St. 649 Fifth Ave. 69 Wall St. -Pennsylvania Hotel Phone MU-2-7300 Off the Antenna p RESIDENT ROOSEVELT'S "the shooting has started" speech Mon- 1 day night drew an audience of about 45,000,000 in this country, it was estimated yesterday by CBS after a survey report by C. E. Hooper. The survey showed 51.9 of all sets tuned to his voice during the speech. The "unlimited emergency" speech of May 27 drew a rating of 70, according to Hooper surveys; the "shoot first" talk, Sept. 11, drew 67.4, and the fireside chat of Dec. 29 on national security drew 59. Monday night's speech was heard around the world. • • • Purely Personal: Samuel Chotzitwff, NBC music director, lias been ap- pointed by President Roosevelt as a member of the advisory committee on vrmsic to assist the State Department in its program of cultural relations among A-merican republics. . . . Jim Moran, former Fred Waring press agent and more recently with Paramount Pictures, is nozv broadcasting a regular series of programs over WJSV, Washington, similar in content to those he once broadcast over WHOM. . . . Vincent Lopez, Tommy Tucker, Al Rave- lin and Erskine Hawkins have awarded Pvt. Hugh Ward. Jr., a song zvriter, first prize in Broadcast Song Hits magazine contest, for his song, "Sentimen- tal Serenade." • • • The second of Mutual's semi-annual program directors' meetings will be held at the Hotel Stevens, Chicago, Nov. 11 and 12, it was an- nounced yesterday. Adolph Opfinger, the network's program director, will preside. • • • Program News: Coca Cola has renewed "Pause That Refreshes on the Air" over 115 CBS stations. It was announced this is the largest hookup of CBS stations for any program, past or present. . . . "The Goldbergs" will complete its 12th year on the air Nov. 20. Procter & Gamble, the sponsor, will add 17 stations to the CBS hookup carrying the show on that day. . . . "Myrt & Marge" will celebrate its 10th anniversary Monday over CBS. . . . Sherwin Williams Co. will sponsor "Metropolitan Auditions of the Air" over NBC short wave for 22 weeks, starting Sunday. • • • XEQ, Mexico City, will hold a large stage and radio fiesta in Mexico City on Friday to celebrate the third anniversary of the establishment of the station. AFM Edict Brings Show Cancellation Pittsburgh, Oct. 28. — Stage shows at the Stanley Theatre have been can- celled after Oct. 30 as result of the ban by James Petrillo, AFM presi- dent, on name bands in theatres until the Social Security issue is settled, ac- cording to Joseph Feldman, Warner Theatres publicity head here. The Stanley shows feature Max Adkins' house band and several vau- deville acts, even when a name band is the attraction. However, Feldman believed the no-stage-show edict would stand unless the AFM permits travelling bands to play. Xavier Cugat had been booked for the week start- ing Oct. 31. RCA Photophone in Deal RCA Photophone will service 11 preview rooms of RKO, according to a deal just made. Adolph Goodman, RCA assistant service manager, and A. A. Schubart of RKO negotiated. Durr Is Approved By Senate Groui Washington, Oct. 28.— Nom ination of Charles J. Durr t< be a member of the Federa Communications Commissi*,) for a seven-year term begin ning last July 1, was approve* today by the Senate Interstate Commerce Committee ant sent to the Senate for thi formality of ratification. NBC Affiliates Meei To Talk Operatio Station affiliates of NBC-Blue | meet with network representatives! New York today and NBC-Red i resentatives will meet here tomor: to discuss network operations. N Trammell, NBC president, will h charge of the meeting. Among the topics to be discus it was announced, are : Developrr of a coordinated plan of operation insure maximum efficiency in cooj ation with defense agencies ; study plans for maintenance of public i rale and physical well-being dur any "unexpected emergency," maintain normal broadcasting as as possible in the event of emergen, study of the effect of an emergency! open war on NBC and its affilia stations ; problems in handling | news ; the effects of priorities on tion operation. Start Milwaukee Stud, Milwaukee, Wis., Oct. 28. — 1 Milwaukee Journal has started cl struction of its new $750,000 Raj City here. Decide Radio Band Cost in Pittsburgh Pittsburgh, Oct. 28. — Radio sta- tions WJAS and KQV, principal par- ties in the recent controversy with the. American Federation of Musicians that resulted in temporary bans on band remotes over CBS and NBC, have agreed with President Claire Meeder of Local 60, AFM, on $29,560 as the amount of money to be spent aggregately by the two stations for staff orchestras during the year. Details will be worked out by Meeder and officials of the stations. Both are owned by H. J. Brennen. Garfield to Tour Camps John Garfield is due from the Coast today by plane preparatory to taking off on Friday in a U. S. Army bomb- er on a two-week trip to Army and Navy bases. With other actors he will put on shows at camps and posts in Florida, Trinidad and the Carib- bean. =~~1 MOTION PICTURE QP t% A ¥ ¥ AT" # tuition I ^ |T Accuh^ Justry J Jtm^^ mm J L J Ih/^ L NEW YORK, U.S.A., THURSDAY, OCTOBER 30, 1941 lumen stock ew National 87.B. Ad Chief | if eld to Announce Post I j Meeting Tomorrow lort Blumenstock. in charge of ,|rners Bros.' advertising and licity in the East for the past four years, is to be named national man- ager of adver- tising and co- ordinator o f all sales pro- motion, m e r - chandising and exploit a t i o n activities for the company, it was d i s - closed yester- day. Blumenstock's a p p o i n tment, |cli carries with it new and broader (Continued on page 8) lort Bltimen-tuck ?nate Film Inquiry i Again Postponed Washington, Oct. 29. — The antici- W postponement of further hear- b on alleged motion picture propa- Ida, was announced today by Sena- I D. Worth Clark of Idaho, chair- h of the sub-committee in charge of J Xye-Clark Senate resolution. I'lark said, in a very brief statement, |t the committee had decided to hold further hearings until after the (Continued on pane S) Ascap Music Back On Air as Networks Sign New Contract The music war between the major networks and Ascap which has kept the society's music off the leading radio stations since Jan. 1 ended yes- terday with the signing of new Ascap licensing agreements by NBC and CBS. XBC authorized its stations to re- sume Ascap music immediately. CBS wired its stations that Ascap could be returned to the air beginning today. The contracts are for an 18-year period and provide tor payment by networks to Ascap of 2^4 per cent of their annual net billings. Clearance at the source is provided, and under it individual stations pay 2% per cent. The Mutual network, which signed with Ascap last May on a three per- cent royalty, will be entitled to the lower rate. It has been estimated that the new radio contracts will yield Ascap ap- proximately $3,000,000 annually, as compared with an estimated $5,000,000 which the society received from radio last vear. Pidgeon Is M.C. at Capital Relief Show Washington, Oct. 29. — Carter Barron, Loew's zone manager here, and chairman of the local Variety Club's British war relief benefit show to be held Saturday night, has an- nounced that Walter Pidgeon, Holly- wood star, will act as master of cere- monies. Gracie Fields, English musi- cal comedy star, will head the show. Report Small May Leave U.A. Roster Hollywood, Oct. 29. — It is reported in authoritative cir- cles that Edward Small and United Artists are discussing a separation of their affairs. These discussions are re- ported to have developed out of recent financial talks be- tween the parties. No posi- tive action has as yet been taken, however, it is asserted. In the event of Small's de- parture from U. A., the com- pany's roster will comprise Alexander Korda, David O. Selznick, Hal Roach and Arn- old Pressburger. Bioff s Messenger Role Followed on Short Acquaintance William Bioff, on trial with George E. Browne on extortion charges in the Federal Court here, testified en cross- examination yesterday that he had spent only a maximum of six and one- half hours with Nicholas M. Schenck before the latter suggested that Bioff act as "messenger" in carrying large sums of currency to Joseph M. Schenck. These six and one-half hours, Bioff told Judge John C. Knox and a jury under questioning by Mathias F. Correa, U. S. Attorney, were spread over a period of about six (Continued on page 8) Fitzgibbons Describes War Role of Canadian Theatres Circuits and AFM Settle Band Dispute Executives of Warner, Para- mount and RKO circuits yes- terday agreed with James Petrillo, American Federation of Musicians president, to sign standard union contracts for name bands at theatres, sub- ject to revision on amend- ments. The payment of So- cial Security by the theatres for the bands led to a dispute which caused the canceling of bands at Warners' Stanley in Pittsburgh pending settle- ment of the issue. Camp Shows Circuit Starts in Caribbean Washington, Oct. 29. — The first of a series of camp shows arranged by the Citizens Committee for the Army and Navy with the cooperation of the Motion Picture Committee Cooperat- ing for National Defense, will take off from New York Monday in an Army transport plane for a 10-day tour of camps and stations at bases in the Caribbean, the War Department announced today. Making the trip will be John Gar- field, who will act as master of cere- (Continued on page 8) By SHERWIN A. KANE Describing the wartime role of the theatre industry in Canada, J. J. Fitz- gibbons, president of Famous Players Canadian Corp., told the Ampa luncheon meeting at the Hotel Edison yesterday that all industry must be prepared to justify its right to exis- tence in a nation at war. Fitzgibbons, Douglas C. Cole, Can- adian trade commissioner, and Jesse L. Lasky were guests of honor at the meeting. Lasky related the "inside story" of how Alvin C. York was persuaded to authorize the use of his life story for the picture "Sergeant York." _ Fitzgibbons asserted that admission (Continued on page 8) TEN CENTS Sales Heads, Allied to Meet On Unity Plan Kirsch and Samuelson Talk with Rodgers Jack Kirsch and Sidney Samuel- son, members and representatives of the Allied States committee on industry unity, are scheduled to meet today and tomorrow with sales executives of all distribution companies here to exchange views on the formation of an all-industry committee. Kirsch, who is head of Allied of Illinois, arrived from Chicago yester- day and with Samuelson, who came here from Philadelphia, conferred with William F. Rodgers, Loew's vice- president and general sales manager, during the day. Rodgers has publicly expressed his interest in and hopes for the development of the proposed all- industry committee which, represent- ing production, distribution and ex- (Continucd on page 8) Firms Leave Eighth Of Fund in England Major company representatives de- cided yesterday to permit one-eighth of the estimated $16,000,000 which they are authorized to withdraw from their blocked funds in Britain under the new monetary agreement to re- main in London as a revolving fund. As a result, only an estimated $14,- 000,000, or seven-eights of the total, of blocked funds will be withdrawn by the eight major companies, it was decided by their representatives at a meeting at MPPDA offices yesterday. Indications are that the $20,000,000- (Continued on page 8) Illinois, Va. Cases Filed on Clearance Chicago, Oct. 29.— William Pearl, operating the Alcyon, Highland Park, 111., today filed a clearance 'complaint for arbitration. He claimed Para- mount, RKO and 20th Century-Fox have granted unreasonable clearance to theatres in Lake Forest, Wilmette and Libertyville, nearby towns. Washington, Oct. 29. — The 10th arbitration case for the Washington board was filed today by the Bayne (Continued on page 8) Motion Picture Daily Personal Mention TJ J. YATES is expected next *■ *■ • week from the Coast. • Gabriel Pascal, Rutgers Neilson, Archer Winsten, Ray Bolgek, Al- bert Delacorte, Jack Lewis and Irving Shiffrin formed a table at the Circus Saints and Sinners luncheon at the Hotel Astor yesterday. Wil- liam S hirer was "Fall Guy." • Thomas Hargrave, Eastman Ko- dak president and a farm owner, has been named honorary chairman of the 1942 Western New York Apple Blos- som Festival and Patriotic Pageant. • Vivian Moses of RKO was dis- charged from the Roosevelt Hospital yesterday after an operation. • Norman Elson has left for Atlanta. He is due back on Monday. Grace Quambusch, secretary to William Bishop, M-G-M exploita- tion representative in Chicago, has been married to Walter Irving. Thursday, October 30 Review "Blues in the Night" (Warners) A CURIOUS mixture of tune and tragedy has been woven in this picture, which recounts the adventures of a group of young instru- mentalists imbued with a desire to interpret the voice of America as found m the "blues" jazz music. That desire and attempt to "get some- where leads them through a series of adventures which add up to satis- factory entertainment. The jazz renditions should appeal to the vouneer generation especially. The weakness in the film is its inconclusive ending, which finds the group back in a freight train box-car, presumably happy with one other but without purpose. In featured roles are Priscilla Lane and Rich- ard Whorf, she as the wife of one of them, and he as the leader Whorf, a newcomer, offers a performance indicating considerable ability In good support are Betty Field, Lloyd Nolan, as the gangster and his girl, with whom the band become seriously entangled; Jack Carson Elias Kazan, Peter Whitney and Billy Halop, members of the band and Wally Ford, in a fine bit as the cringing hanger-on at Nolan's cafe' Pace, speed and action have been imparted in the direction of Anatole Litvak, while Henry Blanke was associate producer. An outstanding technical bit is provided in the picturization of the disturbed mental state of Whorf while delirious during a severe illness. Running time, 88 minutes. "G."* ' Charles S. Aaronson *"G" denotes general classification. Phila. RKO Exchange Is Officially Opened Philadelphia, Oct. 29. — Acting Mayor Bernard Samuels officially opened the new RKO exchange build- ing today and more than 300 exhib- itors visited the new quarters. Nat Levy, district manager, and Charles Zagrans, branch manager, were hosts. A buffet luncheon was served. Ned E. Depinet, RKO distribution chief, headed a group from the home office, including S. Barret McCor- mick, Robert Mochrie, Harry Michal- son, William Savage, William J. Mc- Shea, M. G. Poller, Harry Gittleson and A. A. Schubart. Pallos Leaves on U.A. Exchange Trip Steven Pallos, Alexander Korda's Eastern representative, left yesterday for a tour of United Artists ex- changes. The first leg of the tour will include Cleveland, Chicago and De- troit. Pallos will return to New York next week, and after a brief stay will visit other U. A. branches. WdwaTplays Charlotte Club Will Hold Banquet Nov. 8 Charlotte, N. C, Oct. 29. — Sena- tor Albert Chandler of Kentucky, Governor Len G. Broughton of North Carolina and General Hugh A. Drum of the First Army, now engaged in Southern maneuvers, are scheduled to attend the annual charity banquet of the Charlotte Variety Club Nov. 8, at the Hotel Charlotte. Robert J. O'Donnell, first assistant national chief barker, and Paul Short, chief barker of the Dallas club, also .will attend. Pat O'Brien is scheduled to appear at the after-dinner enter- tainment, and General William Mc- Graw of Dallas will make the chief dinner speech. Barney Rappe and his orchestra will head the floor show. "BRILLIANT! . . . MIRACULOUS!" — Danton Walker, News GERTRUDE LAWRENCE in the Musical Play "LADY IN THE DARK" ALVIN, 52 St. W. of B'way— Mats. Wed. &. Sat Mall Orders Promptly Filled Ontario Lifts Ban On Russian Films Toronto, Oct. 29. — The ban on Russian films has been lifted by the Ontario censor board after a three- year prohibition, with the approval of the film, "Volga Volga," Soviet musi- cal comedy feature, with minor dele- tions. The film has Russian dialogue with English subtitles and is scheduled to open at the Hollywood Theatre here on Monday. The house is a unit of the Allen Circuit, affiliated with Famous Players Canadian Corp. The film is distributed here by John Cohen, who has the Canadian rights. Board of Review to Meet Here Nov. 13-15 The National Board of Review of Motion Pictures will hold its 18th an- nual conference Nov. 13-15 at the Hotel Pennsylvania, with "Movies m a Democracy" as the theme of the meeting. James Shelley Hamilton ex- ecutive director, will preside. A special session will be held at the Museum of Modern Art Film Li- brary, with Lt. Col. M. E. Gillette of the Signal Corps as the speaker, in a discussion of Army training films Approximately 300 delegates are ex- pected. The annual luncheon will be held Saturday, Nov. IS. Para.Plans$100,0; 'Purchase' Campai Paramount Pictures, under dirtd of Robert M. Gillham, director off vertising and publicity, ' intend' spend an estimated $100,000 on ex , tation and advertising of "Louis1' Purchase," in trade papers, nati: magazines and newspapers, it learned yesterday. This campaiaf is said, will be one of the most] tensive undertaken by the comffl Buchanan & Co. is the advertil agency for Paramount. There will be full-page, four-^ advertisements in some of the per icals and two-column color adveri ments in others, emphasizing Technicolor aspects of the picture dionally it is Gillham's intention utilize the radio. Much of the ni advertising, it is reported, will cei around Bob Hope's sponsored p, gram. The cast of the film inclv* Victor Moore and Vera Zor among others. "A GREAT SHOW" — Herald Tribune 50C. $1 & $1-50 PLUS TAX NO HIGHER 2ND YEAR— 2ND EDITION of the - Sensational Musical Icetravaganza It happens on ice at America's Only Ice Theatre Center Theatre. Rockefeller Center. CO 5-5474 Eves except Monday. Mats. Sat.. Sun. & Tues. 501 Seats for Every Perf. 50c. EVG8 AT 8-40 Rodger s to Address ITOA Meeting Today William F. Rodgers, vice-president of Loew's in charge of distribution, will be the principal speaker at a luncheon meeting of the Independent Theatre Owners Ass'n at the Hotel Astor today. Exchange Union to Talk Chicago Pact Chicago, Oct. 29.— Authority has been given by the IATSE to the Chi- cago Film Exchange Employees' Union, Local B45, to negotiate its own contract. Local exchange managers have "been notified that their two-year contract with the union expires on Nov. 30 opening the way to negotiations for a renewal or the signing of a new pact. Annual election of the union will take place at the Steuben Club on Nov 6 Col. Office Employes To Vote on CIO Tieup A consent election by Columbia Pic- tures office employes on whether the Screen Office & Professional Em- ployes Guild, CIO, shall act as bar- gaining agency is expected to be held within a week, Guild officials said yesterday after meeting with represen- tatives of the company. Theodore Kosen is president of the Columbia chapter of the SOPEG Jersey Allied Unit To Meet in Camd The South Jersey unit of New J' sey Allied will hold a "round ts conference" next Tuesday at the \\ Whitman Hotel, Camden, at whj members will decide whether to h j such meetings weekly, it was nounced yesterday. The New Jersey allied state org. ization recently started such meetin the second having been held on Mi< day. At that session representati. of supply dealers advised the memb ship that the Theatre Equipm Dealers Protective Association is gotiating with the Supply Prioriti and Allocation Board on the matter obtaining theatre equipment. New Jersey Allied has a social „ together on schedule for Nov. 13 the Ritz restaurant, Passaic. Buck for Cohan at Catholic Guild Fei. Gene Buck, president of Ascap a vice-president of the Catholic Act? Guild, will take the place of Geor, M. Cohan, president, who is ill welcoming guests to the guild's anm dance Sunday night at the Hotel A tor Roof. Joins RKO Exchange Indianapolis, Oct. 29.— Paul Leath- erby, formerly of Des Moines, is the new booker for RKO here. He suc- ceeds Donald Cox, who was honored at a farewell party by fellow employes in the Variety Club. Club Plans Milk Fund Indianapolis, Oct. 29.— The local Variety Club will meet Monday night to discuss the possibility of supplying milk to underprivileged children in Indianapolis schools. The Board of School Commissioners is conducting a survey to determine the extent of the need. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday j Tnr wnl- 9uU'f,ey Ashing Compa: inc., 1270 Sixth Avenue, Rockefeller Cenl New York City Telephone Circle 7-31 Cable address, "Quigpubco, New York." M tin Quigley, Editor-in-Chief and Publish, Colvin Brown, Vice-President and Gene Manager; Watterson R. Rothacker, Vi President; Sara Shain, Editor; Alfred Hnestone, Managing Editor; James , Cron Advertising Manager; Chicago Bure; 624 South Michigan Avenue, C. B O'Ne Manager; Hollywood Bureau, Postal Uni I-ife Building, William R. Weaver, Editc , ?"Frled™an' Manager; London Bure? 4 Golden Square, London Wl, Hope W liams. Manager, cable address "Quigpubi London. All contents copyrighted 1941 I Ouigey Publishing Company, Inc. Oth Ouigley publications: Motion Pictu Herald, Better Theatres, Internation Motion Picture Almanac and Fame. E terad as second class matter, Sept 23 19' at the post office at New York N S under the act of March 3, 1879. Subscri1 tion rates per year $6 in the Americas at $12 foreign. Singrle copies 10c. ETTY IflELD MCHARD J l/VHORE 'ith .LOYD NOLAN JACK CARSON Directed by ANATOLE LITVAK Screen Play by Robert Rossen :rom a Play by Edwin Gilbert K Warner Bros.-First Nat'l Picture 5A/£W SOA/GS played by 4 2 GR6AT B*A/PS JIMMY LUNCEFORD'S and WILL OSBORNE'S HOW GREAT i Magnificent production rich in box office potentialities which will be included in the album of out- standing films of all time... 'How Green Was My Valley' glows with greatness!" —The Film Daily HOW GREEN WAS MY VALLEY '"How Green Was My Valley' is a film conceived and executed with dignity, honesty, thorough- ness and superlative compe- tence." — Cecelia Ager, PM 'Richard Llewellyn's moving and eloquent novel, 'How Green Was My Valley/ has been translated to the screen with consummate artistry! ft is a distinguished and enormously absorbing narrative. Once again, the director of 'The Informer' and other notable produc- tions has enriched the screen." — Rose Pelswick, N.Y. Journal-American '"HOW GREEN WAS MY VALLEY' IS SUPERIOR MOTION PICTURE ENTERTAINMENT!" — Phil Koury, Kansas City Star "'How Green Was My Valley' is one of the year's better films, a sure- fire critic's picture and, unlike most features that draw kudos from crix, this one will also do business. It's a film that holds much to remember and it is this reminiscent quality that should create a very valuable word-of-mouth. Walter Pidgeon is excellent; Maureen O'Hara splendid; Donald Crisp and Sara Allgood inspired; Anna Lee equally expert; and above all, there is a potential new boy star in Roddy McDowall. An ultra-production." — Variety "'HOW GREEN WAS MY VALLEY' IS A SPLENDID ACHIEVE- MENTl" — Kaspar Monahan, Pittsburgh Press "THIS IS ONE Of THE BIG IMPOR- TANT PICTURES OF THE YEAR AS WELL AS ONE OF THE MOST DEEPLY EN- 1 JOYABLE." 1 — Archer Winsten, New York Posi "Under John Ford's in- tuitive direction, 20th Century-Fox has brought Richard Llewellyn's fine, dramatic novel, 'How Green Was My Valley/ to the screen in one of the outstanding film produc- tions of the year. An ex- traordinarily interesting* picture, one that warms the cockles of the heart ...it is 20th Century-Fox's finest production of the year and one of the direc- tor's best." — Kate Cameron, N.Y. Daily News HOW GREEN V E TH RAVES ! RFECT PRODUCTION! — Lee Mortimer, N. Y. Daily Mirror i "How Green Was My Valley' s a stunning masterpiece. You :an never expect to see a film more handsomely played. Oarryl Zanuck, John Ford (and their associates at 20th Century-Fox have fashioned a motion picture which may truly be regarded as an out- standing film of the year!" — Bosley Crowther, The New York Times "JOHN FORD'S MASTERPIECE. WITH SUCH A STIRRING FILM IN TOWN THE THING TO DO IS DROP EVERYTHING AND RUSH TO SEE IT, BECAUSE YOU WON'T SEE ANOTHER ONE LIKE IT FOR A LONG TIME!" — William Boehnel, N. Y. World-Telegram If "'HOW GREEN WAS MY VALLEY' IS A GREAT PICTURE!" — Keith Wilson, Omaha World-Herald "A WONDERFUL PICTURE!" — Anne Mcllhenney, Buffalo Courier- Express "EXCELLENT! FINE! GREAT!" -Bruce Palmer, Daily Oklahoman "Scenes as fine and moving as anything the screen has produced. Certainly, 'How Green Was My Valley' is one of the few films of which it can be said you will be denying yourself a rich experi- ence by missing it." — Howard Barnes, N. Y. Herald Tribune a i ii n t h i You will be denying yourself a thrilling ex- perience if you miss 'Ho w Green Was My Valley'!" — Buck Herzog, Milwaukee Sentinel "I know all the fans of this country are going to be thrilled!" — Lucia Perrigo, Chicago Herald-American "A REAL THRILL! A FINE FILM!" — Mitch Woodbury, Toledo Blade HOW GREEN WAS MY VALLEY' IS ONE OF HOLLYWOOD'S TRULY GREAT ACHIEVEMENTS! ANOTHER MILESTONE IN MOVIE-MAKING !" — Joyce Dana, Boston Sunday Advertiser // / How Green Was My Valley' was a book for everyone to read. Its screen translation is a beautiful and genuinely emo- tional film/' — Eileen Creelman, N. Y. Sun MY VALLEY / WAIT DISNEYS FULL-LENGTH FEATURE PRODUCTION IN TECHNICOLOR [0 • Th KATE CAWEROH/ H.Y. 0«W umbo- J eh-racter creo*?» ;c iS shee minute of the delight-' UE MORTWtR, ■I y DoiW Mirror: •uvenina ever |ti i u rti/Sr* ,0UM' is bisne/s best. ROSE PEISW»CK, Disney Sties Gave the Tipl H0.7 _-u.Tribune: ..A„ UlM* BOEHNEl, Y World Telegram: 11 more dynamic DUMBO' has «or^ J pred- •,iianee *;°«aTrii b"»»* w,*h ' >ve even t bit »ur- h0Uldn't be w ^ become* something1- BOSIEV a**™*' M.Y. Times: no The most gemo». ^ precious fe°*"I m0fllca« brushes emerge from ♦be rnoq ^^. o4 Walt ing ortisfs .ever forget. unWlRD BARNES, u Y Hero\d-Tribone: ..WaW Disney 0« 'SNOVV u l-aical lo"9»°5f . The S&Bfi! ,DUhS!°wMci, is so completely he m,ttake • 7i5rSr«»^W* '* ARCHER WNSTEN, N Y. Post: • Disney technique brought to ♦ion." N Y. morning Telegraph- ••You'n go -MS?.. -!2S It's Disney a* h.s «» de,ighTful. H wonderful. CjH ^ nnd „ ,oy. enchanting, a drea +<> be ap. ;se T'oTmBO'.- ^ UVttH CREElmM*, H'V- SUnt delights ore Tin •DUMBO'eMost o< « present m +here IS also (S sheer fun . • more real oathos • • • x serious pic- ^"established m ^ °< Broadway »ce«e. CtttW M*R, PW: -A treat that's ••"•»%|MV ^^IsVwTndest Disney yet- is the nicest. K.na ^ » haS thC "or, ion sW... res- rc'hlntingondendeonngofthe Disney output.' IE CORN 8 Motion Picture Daily Thursday, October 30, 1 Blumenstock New National W.B. Ad Chief {Continued from page 1) duties in the company's advertising and merchandising operations, will be announced by Charles Einfeld, direc- tor of advertising and publicity, at the home office meeting here tomorrow of Warner branch managers and sales executives with Benjamin Kalmenson, new general sales manager. Joseph Bernhard, vice-president and general manager, meanwhile, has called a meeting of Warner theatre zone managers, which will be held here today. Sales Changes Expected At the sales meeting, Kalmenson is scheduled to announce a number of realignments. Among those who are expected to be given wider and more important duties, it is reported, are the following managers : F. M. Jack, Dallas ; Rud Lohrenz, Chicago ; Henry Herbel, Los Angeles ; Robert Smeltzer, Washington, and R. L. McCoy, At- lanta. Blumenstock's new post will include control of advertising budgets and full charge of the national field exploita- tion force. The appointment, the com- pany said, relates to broader plans for special picture campaigns, closer co- operation with exhibitors on picture merchandising, and increased adver- tising expenditures. Will Name Publicity Head Blumenstock's elevation will neces- sitate appointment of a national pub- licity manager, who will be named within the next week, it was stated. Mitchell Rawson, Eastern publicity manager, will continue in his present capacity, the company announcement said. Blumenstock joined First National Pictures in 1926 as a writer. Sub- sequently he directed several pictures for Paramount and other companies, and in 1932 joined the Warner-First National advertising department. He has held the post of Eastern advertis- ing and publicity head since 1937. Fitzgibbons Describes War Role of Canadian Theatres Illinois, Va. Cases Filed on Clearance (Continued from page 1) Roland Corp., operator of the Bayne Theatre, Virginia Beach, Va., against Warners. The complaint seeks the elimination of 21 days clearance over the Bayne granted the Newport Theatre, Nor- folk, by the distributor. Asserting that the Bayne is a first-run house, the complaint describes the clearance as unreasonable and burdensome. The clearance complaint of the Linden Theatre, Baltimore, has been set for hearing Nov. 5 at the local board, with Milton King as arbitrator. Warners, RKO, Paramount and Metco Theatres, Inc., of Baltimore, are named in the complaint. (Continued from page 1) prices in Canada may be regulated under the Dominion's new price con- trol law. Referring to the existing 20 per cent admission tax in Canada, he said that while no theatre operator believes or has requested that his busi- ness should be exempt from such a tax, most feel that it is higher than necessary and hope for some relief. The FPC president related that the theatre industry, employing its own showmanship methods, did a national sales job for the Government on War Savings Stamps. Slogans and na- tional advertising were used, theatre marquees were sold to merchants for advertising use for as much as $1,500 per day in war savings stamps ; thea- tres throughout Canada donated an evening's receipts to the purchase of stamps by patrons ; employes used the night's wages for stamp purchases, and allied industries contributed ma- terials and services in carrying out the national sales campaign through the theatres. Famous Players Canadian is collecting reading material at its theatres for distribution to service men, he said, and nu- merous other war activities are being engaged in to justify the industry's existence in a war economy. "Don't wait until you're asked to help," he advised his American audi- ence. The industry's advertising men here can convey to the public in all the copy they prepare the American in- dustry's role in the national defense program, Fitzgibbons suggested. Greetings were wired the FPC head by the Mayor of Toronto, by Prime Minister Mitchell Hepburn and by John Grierson, head of the Canadian Film Board. Among those in the audience were : Barney Balaban, Adolph Zukor, Aus- tin Keough, Leonard Goldenson, T. J. Connors, Haskell Masters, Max Cohen. Leon Netter, Sam Dembow, Claude Lee, Hal Young, George Dem- bow, Bert Sanford, Arthur Israel, Lou Pollock, Mort Blumenstock, Rob- ert Weitman, George Weltner, Stan- ton Griffis, Jack Pegler, John Nair. R. J. O'Donnell and Carl Bamford. Senate Film Inquiry Is Again Postponed (Continued from page 1) close of the neutrality debate now go ing on in the Senate. He reached his decision after con- ferring with Senator Charles W. Tobey of New Hampshire, who re- turned yesterday after a long absence from Washington, and after talks with other members of the committee. Fight Back, Willkie Urges Film Industry "No industry which has been in- vestigated by a Congressional com- mittee in the last 10 years has come through it with the same quality of spirit as the motion picture industry," Wendell L. Willkie told the Picture Pioneers at the organization's Hal- lowe'en dinner at Toots Shor's res- taurant last night. Willkie is counsel to the industry in the Senate sub-com- mittee investigation. "The motion picture industry has gained stature as a result of the in- quiry," Willkie said. "This should demonstrate to it the lesson not to take maligning lying down but to adopt a more aggressive attitude and fight back." James J. Walker, former Mayor, initiated 20 new members. Jack Cohn was chairman. About 160 members attended. Standard Reopens House Kenosha, Wis., Oct. 29.— Standard Theatres Co. has reopened the Chief Theatre here after being dark for a number of weeks. Sauter Gets Civilian Defense Press Post Col. Franklin D'Olier, regional di- rector of the second defense region of the Office of Civilian Defense, has named James E. Sauter, public rela- tions counsel, as regional information officer, serving as a volunteer. He will be in charge of press relations, radio and newsreel activities for the area, effective immediately. Sales Heads, Allied Meet on Unity Plan (Continued from page 1) hibition, would work jointly on mat ters of industry-wide importance. Although no statement was mad' following yesterday's meeting, it is understood that Rodgers expressed the view that the Allied committee should first contact other estabilshed exhibitor organizations, so as to ob- tain a nationally representative char- acter for the unity movement before requesting the distributors or produc- ers to form committees. In the meantime, Kirsch and Sam- uelson will meet with other sales ex- ecutives to acquaint them with the aims of the committee and seek their cooperation in advancing its objec- tives. The idea of the all-industry committee already has been approved by Abe Montague, Columbia; Arthur W. Kelly, United Artists; W. A. Scully, Universal, and by Rodgers and Paramount. Camp Shows Circuit Starts in Caribbean (Continued from page 1) monies; Oliver Hardy and Stan Laurel, Chico Marx, Mitzi Mayfair. Jane Pickens and Benay Venuta. Active operation of the camp shows will be handled by .Camp Shows, Inc., which filed incorporation papers in New York today, with Eddie Dowb'ng as president. The directorate will in- clude Bert Lytell, president of Actors Equity Association, and Y. Frank Freeman, president of the Associa- tion of Motion Picture Producers. A talent pool composed of leading film players is being established in Hollywood and a pool of legitimate stage and variety talent is being formed in New York, to be drawn upon for a steady flow of shows to be sent out at the rate of one every two weeks on a grand circuit of 186 Army and Navy camps. Bioff Tells o Being Assignee MessengerRol (Continued from page 1) months and consisted of only "three four" meetings. Bioff said he spent about a ■ hour on the first occasion and t\ hours on subsequent meetings. I said he was not certain whether the were three or four meetings befo the matter was first discussed. Du ing these preliminary meetings, Bic said, many matters were discusse including the affairs of New Yo:' theatre projectionists. Weakness for Flying Asked by Correa whether he heil F. ARiirw dgers Explains Policy to I.T.O.A. strict and branch managers of -M have virtually unlimited au- ty to deal with individual ex- Dr problems as they arise, and to Verms that are equitable in each 'tion. William F. Rodgers, gener- ics manager, emphasized yester- (Continued on page 9) *ara. Decree Plea To Be Heard Today Paramount's application for n exemption from the sales rovisions of the consent de- ree to permit it to operate n Minnesota under the state nti-block-of-five law will be teard by Federal Judge Henrv V. Goddard in U. S. District ourt here today Indications are that other ompanies will not oppose the ipplication, although there •ave been reports to that ef- ect. It is reported that the >ther consenting companies *ill not file such actions, pre- erring to await the outcome )f the Minnesota test cases. $200,000 Paid U.S. Agent, Bioff Tells Court at His Trial Declaration by William Bioff, dur- ing his testimony at his trial with George E. Browne on extortion charges, that Joseph M. Schenck had told him that he needed $200,000 in currency to give to Murray Garrson, an investigator at that time for a Congressional committee, and efforts by U. S. Attorney Mathias F. Correa to link the start of Bioff's collections to the murder of Tom Maloy, former head of the Chicago projectionists' union, Local 110, IATSE, were high- lights of Bioff's cross-examination yesterday. As Bioff mounted the stand yes- terday morning he told Judge John C. Knox that he was ready to name an investigator for a Congressional (Continued on page 8) Ostrer Resigns as Chairman of G.B. London, Oct. 30. — The resignation of Isidore Ostrer as chairman of Gaumont British Pictures Corp., Ltd., was formally announced today follow- ing the completion of the deal where- by J. Arthur Rank and General Film Distributors took over control of Gau- mont British. The resignation sub- stantiates earlier reports. Rank has been appointed chairman of the Gaumont company, as also was indicated. Rank, C. M. Woolf, Gen- eral Film Distributors managing di- (Continued on page 8) Labor Council Hits Senate Film Probe Kokomo, Ind., Oct. 30.— The Kokomo Trades and Labor Council today sent a copy of a resolution to Sen. D. Worth Clark of Idaho, chairman of the Senate sub-committee in- vestigating alleged film propa- ganda, condemning the in- quiry as "an effort to muzzle freedom of speech and de- signed to breed religious and racial discord." Harry Kalmine W.B. Assistant Theatre Head Harry M. Kalmine, Warners' Pittsburgh theatre zone manager for the past nine years, yesterday was named assistant general mana- ger of the Warner Circuit. It is reported that Robert S. Taplinger, head of Warner studio publicity since 1937, will be appointed pub- licity manager for the company. Kalmine's appointment was an- nounced yesterday by Joseph Bern- hard, vice-president and general man- ager, at a meeting of Warner theatre zone managers and home office ex- ecutives here. The appointment is effective immediately. His successor at Pittsburgh has not been announced. Taplinger will be succeeded at the (Continued on page 8) $450,000 Film Arbitration Budget Seen for Next Year Eight Distributors Indorse 'Unity' Plan Eight companies have approved Al- lied States' plan for a joint indus- try conference, Sidney Samuelson and Jack Kirsch, members of Allied's com- mittee, stated yesterday after talks with distribution heads. They said that indorsement has been given by 20th Century-Fox, Univer- sal, Columbia, Republic, Monogram and Producers Releasing, in addition to M-G-M and Paramount which ap- proved the idea earlier. Samuelson and Kirsch, who consti- (Continned on page 9) The new budget for the operation of the industry's arbitration system for the year beginning Nov. 20 is ex- pected to be set at approximately $450,000 within the next few days by the budget committee of the Ameri- can Arbitration Association. Under the new budget no reductions in the number of local arbitration boards will be made, it has been de- cided. The existing 31 boards will be continued despite the fact that at the end of their ninth month of operation three boards have had no complaints filed and many others have had but two or three. However, economical operation of the boards since their opening last (Continued on page 9) Junior 'Hays' Group Formed By Producers James Allen, U.S. Official, Will Head Association Hollywood, Oct. 30. — Samuel Gold- wyn, David O. Selznick, Alexander Korda and Walter Wanger are re- ported to be the principal figures behind a "junior Hays Office." They are said to have completed plans for a new independent producers' organi- zation and have even selected a leader to guide them. The man chosen is reported to be James Allen of the Department of Justice. He is now in Washington, and according to authoritative sources has been named to head the planned association. Korda has been in New York, it is said, paving the way with Selznick and the others toward organizing the group. 39-Week Para. Net Put at $7,450,000 Paramount yesterday estimated its earnings for the 39 weeks ended Oct. 4 at $7,450,000, after interest and all charges including provision for all Federal income taxes. The result compares with net of $4,810,000 for the corresponding 39 weeks last year. The company's estimated third quar- ter earnings were $3,071,000, com- pared with net of $1,726,000 for the corresponding quarter last year. Included in the 39 weeks earnings is $1,300,000 representing the com- pany's share of undistributed earnings of partially owned and non-consoli- dated subsidiaries, while included in (Continued on page 9) Order Current Saving At Southeast Houses Washington, Oct. 30. — Exhibitors and other commercial users of elec- tricity in the Southeastern States were asked by the Office of Production Management tonight immediately to discontinue sign and window lighting, as the Government moved in on a se- vere power shortage due in part to long continued drought. Orders were issued by the OPM calling for a 30 per cent cut in cur- rent use by large industrial and com- (Continucd on page 9) 2 Motion Picture Daily Friday, October 31 Personal Mention WILLIAM J. HEINEMAN, Universal assistant general sales manager, leaves today by plane for a two-week hunting trip in Montana. He will tour exchange cities in the Northwest before returning here. • Matthew Fox is expected from the Coast next week. • Neil Agnew, Leonard Goldenson, Charles Reagan and Sam Dembow, Jr., of Paramount attended the Com- erford Circuit managers' meeting at Buck Hills Falls, Pa., yesterday. • Morris Mechanic, owner of the New Theatre, Baltimore, is in town. • Lou Jackson, head of Anglo- American Pictures, left for London by clipper yesterday after a six weeks' visit here. • Ned E. Depinet, C. E. Koerner and S. Barret McCormick will leave for the Coast today to see the new- Samuel Goldwyn production, "Ball of Fire." Harry David of Paramount^ Southio theatres, is visiting here. • Nate Goldstein of Western Massachusetts Theatres is in town. 'High Kickers,' Jessel Show, Opens Tonight George Jessel, Harry Ruby and Bert Kalmar open their new musical, "High Kickers," at the Broadhurst tonight. Jessel is featured in the show along with Sophie Tucker, Chic York, Rose King, Lois January, Betty Bruce, Billy Vine, Lee Sullivan and others. Songs are by Kalmar and Ruby. NEW YORK THEATRES RADIO CITY MUSIC HALL Rockefeller Center FRED ASTAIRE • RITA HAYWORTH "YOU'LL NEVER GET RICH" A Columbia Picture ON GREAT STAGE: "UP OUR ALLEYS' — a gay, spectacular revue, produced by Leonidoff Symphony Orchestra, direction of Erno Rapee. 1st Mezzanine Seats Reserved Circle 6-4600 Paramount u Presents B0D Mope Paulette Goddard "NOTHING BUT THE TRUTH" IN PERSON THE ANDREWS SISTERS JOHNNY LONG AND BAND PARAMOUNT TIMES SQUARE RANDOLPH GENE SCOTT • TIERNEY "BELLE STARR" ROXY 7th Ave STAGE SHOW & 50th St. B'WAY & 47th St. PALACE Irene Dunne — Robert Montgomery] "UNFINISHED BUSINESS" & "9 LIVES ARE NOT ENOUGH' Ronald Reagan — Joan Perry Continuous From 9:30 A. M sPOP. PRICES 35* TO 1 P.M Child BROADWAY Pro- Democracy Unit Asks Films* Support The motion picture division of the Friends of Democracy sponsored a luncheon at Toots Shor's yesterday at which Dr. L. M. Birkhead of the na- tional organization described its work in combating directly public figures who have espoused anti-Democratic or pro-Nazi teachings. He appealed for support from the motion picture industry. Among those at the luncheon were: Joseph H. Hazen, Gradwell L. Sears, chairman of the motion picture divi- sion of Friends of Democracy ; Joseph Bernhard, Ned E. Depinet, Malcolm Kingsberg, Carl Leserman, Sam Mor- ris, Jesse L. Lasky, Cresson Smith, Charles Koerner, Leon Goldberg, Charles Einfeld, Harry Buckley, George Skouras, George Dembow, Mort Blumenstock, Mitchell Rawson, Herman Robbins, Samuel Rinzler, Pete Harrison, Martin Quigley, Jr., Chester Bahn and Maurice Kami. 'Birth of the Blues* Premieres Tonight Premieres of Paramount's "The Birth of the Blues" will take place tonight at the Saenger Theatre, New Orleans, and the Malco, Memphis. The Hollywood contingent sched- uled _ to attend the New Orleans premiere, Paramount announced, in- cludes Charles Ruggles, Patricia Morison, Dona Drake, Jean Wallace and Frances Gifford. They will par- ticipate in parades, civic dinners, re- ceptions and radio broadcasts during their stay in the city. At the Memphis premiere will be Jean Parker, Richard Arlen, Eva Gabor, Phillip Terry, Martha O'Dris- coll, Ellen Drew, Albert Dekker and Phil Regan. They will be entertained at a Variety Club ball, a party at the residence of M. A. Lightman, head of the Malco circuit, and will appear at the premiere and a party following at the Peabody Hotel. Office Union Seeks Loeufs Designation The Sc reen Office & Professional Employes Guild, Local 109, CIO, yes- terday announced that it had filed a petition with the NLRB seeking designation as sole collective bargain- ing agency for office employes in the home office of Loew's, Inc. The union claims that it has a majority of the 500 employes within its jurisdiction. Veteran Producer Dies Los Angeles, Oct. 30.— Hamilton Smith, 54, producer, director and scenarist, died yesterday at Wildwood Sanitarium at Newhall after a long illness. He had been in the film busi- ness many years, coming to Holly- wood in 1916. B 'way Enjoys Week Of Good Grosses 'Rich' Gets $91,500 Broadway generally enjoyed a sub- stantial income this week, although business at some spots was reported to have been adversely affected by the cold weather during the week and on Monday night by President Roose- velt's radio address. The weather reports varied, however, as some thea- tre men found the descending temper- atures encouraging to theatre-going. The week's grosses were boosted con- siderably by the big weekend turn- over. 'Never Get Rich', $91,500 The Music Hall had a strong week with "You'll Never Get Rich" and a stage show which drew an estimated $91,500 and started its second week yesterday. The week ending tomor- row night at the Broadway, playing Disney's "Dumbo," is expected to bring an estimated $24,000. The fifth and final week of "A Yank in the R. A. F." with a stage show at the Roxy was good for an estimated $40,000. "Belle Starr" opens at the theatre today. "Honky Tonk" completed its fourth week at the Capitol Wednesday night with an estimated $18,500 and is now in its fifth week. "Target for Tonight" grossed an estimated $9,000 in its sec- ond week at the Globe and begins a third today. "Sergeant York" with Phil Spitalny's orchestra in its sec- ond week at the Strand grossed an estimated $36,000 and the show con- tinues. 'Soldier' at Astor M-G-M's "The Chocolate Soldier" opens today at the Astor following the three-month run of "Dr. Jekyll and Mr. Hyde." The new picture will be presented on a continuous run basis. "International Lady," Edward Small production which United Artists is releasing, will make its Broadway bow Tuesday at the Cri- terion with military officials, film and theatrical stars, and others attending, it is planned. Newsreel Parade TJS INDSORS with Pre si Roosevelt in Washington! siege of Odessa, the U. S. destrX Kearny in port after sea "incid\ the coal strike and football games] among the subjects covered hit weekend issues. The reels and contents follow: MOVIETONE NEWS, No. 16.— K<| in port. Troops in Canada. Tornac Arkansas. Windsors in Washington. I sas City girls study aviation. O under siege. Livestock show in San ] I cisco. Columbia-Army football. Girl Florida. NEWS OF THE DAY, No. 214-Sie Odessa. Mrs. Churchill in England. Ti] in Canada. LaGuardia and O'Dwyer I paign in New York. Coal strike. KJ City co-eds learn about airplanes. \\I sors in Washington. Football. PARAMOUNT NEWS, No. 19-H chutists in Rio de Janeiro. Kansas J brothers inherit fortune. Massachui girl recovers after being lost eight 1 Windsors in Washington. Coal strike 'I ation. Kearny reaches port. John l3 brough marries in New York. New 1 children do Red Cross work. RKO PATHE NEWS, No. 1»-Keal in port. Coal strike issue. Odessa u| siege. Windsors at the White Hci New anti-aircraft guns in Holyoke, M Gypsy Rose Lee, authoress, in New yl Floods in Rio Grande Valley. Pointer I trials in New York. Pig race in San Fl cisco. UNIVERSAL NEWSREEL, No. I U.S.S. Kearny in port. Siege of Od( Buffalo chimp goes hunting. Windsor Washington. New York girls learn „ boats. Kansas City girls learn about planes. Horse show in Hollywood. F ball: Fordham-Texas Christian; Army- umbia. Rosenberg Appoint C ol.ExploitationHet Frank Rosenberg, acting head the Columbia exploitation departm for the past month, has been perr nentlv appointed to that post, the cc pany announced yesterday. Rosenb has been with the company for past 12 years. He succeeds Fra McGrann, who resigned recently. O'Dwyer's Campaign Reel in N. Y. Houses More than 200 theatres in New York City are running a one-minute trailer for William O'Dwyer, Demo- cratic candidate for Mayor, according to Charles L. Welsh who is booking the film. The reel presents O'Dwyer in a talk on tolerance. Among the theatres showing the film are houses operated by William Brandt, Nelson & Renner, Interboro, Abe Leff and others, Welsh stated. Allen Resigns from Canada Circuit Post Toronto, Oct. 30.— Raymond S. Allen resigned today as general su- pervisor of the Allen circuit here. He declined to comment on reasons for his withdrawal or on his future plans. No successor has been named. Metro Screening Toda, M-G-M today at 4 P.M. at the ll seum of Modern Art will hold a coi tail party in connection with a previ of the short subject, "The Tell-T Heart," based on an Edgar Allan story. 'Billboard' Editor Dies Cincinnati, Oct. 30.— Albert C. Hartmann, 49, editor of Billboard, died in Christ Hospital today follow- ing an operation. His widow and three daughters survive. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday . holidays by Quigley Publishing Compa Inc., 1270 Sixth Avenue, Rockefeller Cenf New York City. Telephone Circle 7-31 Cable address, "Quigpubco, New York." M tin Quigley, Editor-in-Chief and Publish7! Colvin Brown, Vice-President and Gene Manager; Watterson R. Rothacker, Vf President; Sam Shain, Editor; Alfred Finestone, Managing Editor; James Cron, Advertising Manager; Chicago Bure 624 South Michigan Avenue, C. B. O'Ne Manager; Hollywood Bureau, Postal Un> Life Building, William R. Weaver, Editt Leon Friedman, Manager; London Bure; 4 Golden Square, London Wl, Hope W. Hams, Manager, cable address "Quigpub London." All contents copyrighted 1941 Quigley Publishing Company, Inc. OtF Quigley publications: Motion Picti Herald, Better Theatres, Internatioi Motion Picture Almanac and Fame, i tered as second class matter, Sept. 23, 19 at the post office at New York, N. t under the act of March 3, 1879. Subscn tion rates per year $6 in the Americas a $12 foreign. Single copies 10c "?aaT t m":i i PICTURES HA IS THE BESTl OF THE BOXO EXHIBITORS I CENTURY-FOX EAT 20" CENTURY-FOX I DONE AND ARE DOING (POSSIBLE EXEMPLAR CE AND SHOWMANSHIP Y EXPECT FROM 20th URING 1941-42! Richard Llewellyn's HOW GREEN WAS MY VALLEY Produced by DARRYL F, ZANUCK • Directed by JOHN FORD in LAUDETTE COLBERT REMEMBER THE DAY with JOHN PAYNE • Directed by HENRY KING n DON AMECHE • JOAN BENNETT in ii ii CONFIRM OR DENY Directed by ARCHIE MAYO BETTY VICTOR CAROLE (SUABLE • MATURE • LANDIS / HOT SPOT" Directed by H. BRUCE HUMBERSTONE in TYRONE POWER "SON OF FURY" The Story of Benjamin Blake with Gene Tierney, George Sanders and Frances Farmer Produced bY DARRYL F. ZANUCK • Directed liy JOHN CROMWELL GINGER ROGERS »"ROXIE HART" wm GEORGE MONTGOMERY . ADOLPHE MENJOU Directed by WILLIAM WELLMAN BETTY VICTOR JACK GRABLE • MATURE • OAKIE SONG OF the ISLANDS IN TECHNICOLOR • Directed by WALTER LANG iii ii in - Forthcoming fiom TWENTIETH CENTURY-FO: Arid talr* ***** §J£zr October 31, 1941 Motion Picture Daily ihort Subject reviews t the Stroke of Twelve" >adway Brevities) _ inters) DAMON RUXYON yarn ui (gangsters and murder in this in- ce has been fashioned into a film xtraordinary interest whose only shortcoming is its briefness, tten in the true Runyon style, it is story of a gangster on trial for life, dramatically acquitted by the I mony of a rich old lady whom he ■ iended while fleeing from his en- las of the underworld. It is splen- y plaved by Knox Manning, Craig .ens, Elizabeth Risdon, Howard da a and others. The short will btless contribute considerably to program. Running time, 20 mins. «ase, Nov. 15, 1941. *erils of the Jungle" -oadway Brevities) 'anters) ;ommander Atillio Gatti and his sa- penetrate the dense Belgian Congo search of a rare animal called the iapi, which looks like three other imals. The short has nothing that unusual on view, except the Okapi, ich is finally trapped, but it is well iied and has an interesting commen- y by Knox Manning, which, with subject matter, makes for a rthwhile short. Running time, 20 ns. Release, Oct. 18, 1941. White Sails" 'vllyurood Novelties) Varners) This is a good pictorial subject and s interest and excitement. It fol- ks the voyage of an aged sailing ssel from Australia to England with good deal of the footage given to severe storm during which the ship lashed from all sides, but with the eak of dawn it is clear sailing again, unning time, 10 mins. Release, Nov. 1941. Rich' and Show at $18,500 in Capital Washington, Oct. 30. — "You'll cer Get Rich" and vaudeville at Earners' Earle, did $18,500 to lead in week of ideal weather. The second eek of "Honky Tonk" at Loew's alace brought $16,000. Estimated receipts for the week end lg Oct. 22-23: This Woman Is Mine" (Univ.) RKO-KEITH — (1,834) (39c-55c) 7 days. toss: $7,500. (Average, $10,000) International Lady" (U. A.) LOEWS CAPITOL — (3,434) (28c-39c-55c- •6c-77c) 7 days. On stage: Hal Sherman. *csita Rios, Les Jevelys, Mimi Kellerman, ■{hvthra Rockets. Gross: $15,500. (Aver- se, $15,500) 'One Foot in Heaven" (W. B.) WARNER'S METROPOLITAN — (1,600) .'28c-44c) 7 days, return engagement. Gross: $7,500). (Average, $3,500) "YouTl Never Get Rich" (CoL) WARNER'S EARLE— (2,300) (28c-39c-55c- 66c-77c) 7 days. On stage: Willie West & McGintv, Phyllis Colt, the Billingtons. Roxyettes. Gross: $18,500. (Average, $15.- HUO) "Honky Tonk" (M-G-M) LOEW'S PALACE— (2,300) (39c-55c) 7 days, 2nd week. Gross: $16,000. (Average, SI 2,000) "SmUin' Through" (M-G-M) _ LOEW'S COLUMBIA — (1,250) (28c-44c) 7 days, return engagement. Gross: $4,200. (Average, $3,500) Critics9 Quotes . . . "HONKY TONK" (M-G-M) An epic that provides plenty of amorous overtones for those who expected them but is otherwise a pretty baffling proposition. — Nezvsweek. A good picture, not because of any story brilliance, but because its cast is smart and excellently directed and because the dialogue is durable and strong. — Robert W. Dana, New York Herald Tribune. A crowd-catching midway exhibit in which Miss Turner gives a com- petent, if limited, performance and Mr. Gable again shows off his muscles. — New York Times. The double-barrel "oomph" of Clark Gable and Lana Turner is not mag- netic enough to draw "Honky Tonk" from the mediocre level of its banal writing and ordinary story. — Wanda Hale, Arezv York News. The fans are going to go for this film in a big way. — Lee Mortimer, Nczv York Mirror. An "audience picture" anyway you look at it. — Nelson B. Bell, Washing- ton Post. It is so frankly, unabashedly, unapologetically itself that "Honky Tonk" earns your admiration, makes you forget that it is another lusty, lavish Western. — Jay Canncdy, Washington Star. We couldn't defend "Honky Tonk" on artistic grounds, but it shapes up as a rousing entertainment. — Henry T. Murdock, Philadelphia Ledger. "YOU'LL NEVER GET RICH" (Columbia) It is bound to have a tonic effect on box-office returns as well as soldier and civilian morale; and it is one of the big films of 1941.— Donald Kirkley, Baltimore Sun. A completely gay and spontaneous entertainment. It is not so heavily underlined with farce situations as were the recent Abbott and Costello and Bob Hope ventures in the same direction, but it is higher in chuckle content. — Henry T. Murdock, Philadelphia Ledger. It is a new Cole Porter musical Columbia utilized to demonstrate the intact- ness of the Astaire agility and suave charm and it comes off as handsome en- tertainment, marred by some rutty spots in the story and overlength. — Jay Carmody,]Vashington Star. A musical, and by gosh, it's one of the best we've seen in a long time. . . . It moves briskly, is filled with amusing situations, and has the distinction of a fresh, original approach to the overworked story of Army draftees. — Bernie Harrison, Washington Times-Herald. "HOLD BACK THE DAWN" (Paramount) A tender and moving romance, full of understandable heartaches and laughter, done with extreme delicacy and sympathetic understanding ... a glowing entertainment.— William Baehnel, New York World-Telegram. An absorbing story, perfectly cast players, slick dialogue and expert han- dling make "Hold Back the Dawn" outstanding entertainment.— Rose Pels- wick, New York Journal-American. An amazingly poignant picture, rich in humor, heart and subtle ironies.— Bosley Crowther, New York Times. No landmark in picture making but it handles a conventional theme so strikingly that it becomes a stunning show.— Howard Barnes, New York Herald Tribune. When at the fade-out the audience vociferously applauded, there could be no other verdict but "Hit." . . . This is sure-fire box-office for both sexes. — Lee Mortimer, New York Mirror. "IT STARTED WITH EVE" (Universal) A captivating comedy ... a triumph for Durbin and Laughton, artfully contrived by a smart producer and a knowing director.— Howard Barnes, New York Herald Tribune. Has what it takes to make a fresh and pleasing film ... it skips to a cheery tune and should please— as they say— both young and old. It's the perfect "8-to-80" picture— Bosley Crowther, New York Times. May not be one of Deanna Durbin's best pictures but it has enough of that same charming quality to make this one a winner at the box-office — Kate Cameron, New York News. A rib-tickler that will have customers rolling in the aisles, the cinema is also splendidly sensitive and as light and gay and bubbling as pre-war pink champagne. — Lee Mortimer, New York Mirror. "A YANK IN THE R. A. F." (20th Century-Fox) From the isolationist point of view, this ... is super-charged with propa- ganda. . . . The public at large, however, will accept it as a showmanlike and timely variation on the aviation epic— Newsweek. Aimed right at the box-office. Women will like it just as well as the men do. The picture ought to be a smash hit for 20th Century-Fox.— Har- rison Carroll, Los Angeles Herald-Express. It ought to have varied enough interest apart from the usual warfare views to please, and that's in spite of a very much regulation plot.— Edwin Schallert, Los Angeles Times. Few motion pictures based on the war have so much to offer.— Louella O. Parsons, Los Angeles Examiner. "LADIES IN RETIREMENT" (Columbia) A good cinemadaptation of a recent Broadway success of the same name long on dialogue and plot, short on action. — Time. Moviegoers who liked "Night Must Fall" will appreciate the expert collaboration that makes this psychological horror story an unusual and engrossing film. — Newszveek. 'York' Frisco Leader with $19,500 Gross San Francisco, Oct. 30. — "Ser- geant York" was far ahead with $19,- 500 in the first week at the Warfield, with "The Little Foxes" getting $16,- 000 in the second week at the Golden Gate. The weather was cool. Estimated receipts for the week ending Oct. 21-23: "The Little Foxes" (RKO) GOLDEN GATE— (2,850) (39c-44c-55c) 7 days, 2nd week. Stage: Vaudeville. Gross: $16,000. (Average, $15,000) "Niagara Falls" (U.A.) "International Lady" (U.A.) UNITED ARTISTS— (1,200) (35c-40c-50c) 7 days. Gross: $8,200. (Average, $8,000) "You'll Never Get Rich" (Col.) "Harmon of Michigan" (Col.) ORPHEUM — (2,440) (15c-35c-40c-50c) 7 days, 2nd week. Gross: $7,500. (Average, $8,000) "Smilin' Through" (M-G-M) "World Premiere" (Para.) PARAMOUNT— (2,740) (15c-35c-40c-50c) 7 days. 2nd week. Gross: $9,500. (Average, $11,500) "Weekend in Havana" (ZOth-Fox) "Riders of the Purple Sage" (Zftth-Fox) FOX — (5.000) (15c-35c-40c-50c) 7. days. Gross: $15,500. (Average, $16,000) "Honky Tonk" (M-G-M) ST. FRANCIS— (1,400) (15c-35c-40c-50c) 7 days, 4th week (Moved over from War- field). Gross: $5,000. (Average, $4,500) "The Stars Look Down" (M-G-M) CLAY— (400) (15c-35c-45c) 7 days. Gross: $1,100. (Average, $1,000) "Sergeant York" (W.B.) WARFIELD— (2,680) (25c-50c-65c) 7 days. Gross: $19,500. . (Average, $12,000) Minneapolis Gives 'Kane' $6,500 Tally Minneapolis, Oct. 30. — "Citizen Kane" took $6,500 at the Century. "Honky Tonk," in its second week, attracted §9,000 at the State. Estimated receipts for the week ending Oct. 24-25 : "Honky Tonk" (M-G-M) STATE— (2,300) (28c-39c-44c) 7 days, 2nd week. Gross: $9,000. (Average, $6,000) "Citizen Kane" (RKO) CENTURY— (1,600) (28c-39c-44c) 7 days, 2nd week. Gross: $6,500. (Average, $4,000) "Devil Dogs of the Air" (W. B.) WORLD— (350) (28c-39c-44c-55c) 7 days. Gross: $1,700. (Average, $1,600) "The Feminine Touch" (M-G-M) ORPHEUM— (2,800) (39c-44c-55c) 7 days. Gross: $6,500. (Average, $5,500) "This Woman Is Mine" (Univ.) GOPHER — (998) (28c) 7 days. Gross : $2,300. (Average, $2,500) "Blonde from Singapore" (Col.) 3 days "Scattergood Meets Broadway" (RKO) 3 days "Mob Town" (Univ.) 4 days "Tillie the Toiler" (Col.) i days ASTER— (900) (17c-28c) 7 days. Gross: $1,800. (Average, $1,800) 'Rich' Is Montreal Winner at $5,000 Montreal, Oct. 30.— "You'll Never Get Rich" at the Capitol drew $5,000. "Belle Starr" and "Dressed to Kill" scored $3,000 at the Princess. Estimated receipts for the week ending Oct. 23: "Lydia" (U. A.) ORPHEUM — (1,000) (30c-40c-60c) 7 days. 2nd week. Gross: $3,900. (Average. $4,000) "The Little Foxes" (RKO) LOEW'S— (2,900) (35c-47c-67c) 7 days. Gross: $6,800. (Average, $7,000) "Belle Starr" (2»th-Fox) "Dressed to Kill" (20th-Fox) PRINCESS — (2,200) (30c-40c-53c)- 7 days. Gross: $3,000. (Average, $2,500) "Hold Back the Dawn" (Para.) PALACE— (2,200) (30c-45c-62c) 7 days, 2nd week. Gross: $6,500. (Average, $7,000) "You'U Never Get Rich" (Col.) CAPITOL— (2,800) (30c-4Sc-62c) ' 7 days. Gross: $5,000. (Average, $4,000) 8 Motion Picture Daily Friday, October 31, 194 j Harry Kalmine W.B. Assistant $200,000 Paid to Federal Agent, Bioff Tells Court Theatre Head (.Continued from page 1) studio by Alex Evelove, his assistant for the past year, it is stated. The Taplinger appointment is in line with the company's realignment of its pro- motion organization and follows the advancement of Mort Blumenstock to the post of national manager of ad- vertising and coordinator of all sales promotion, merchandising and exploi- tation. Supervision by Einfeld The national promotional activities of the company will continue unde the supervision of S. Charles Einfeld, national director of advertising and publicity. Taplinger recently signed a new three-year contract with Warners. He is due from the Coast tomorrow and will attend the home office meeting of Warner sales officials and branch managers, which starts today. Jack L. Warner, vice-president in charge of production, left the Coast for New York yesterday and is scheduled to attend the sales meet- ing. Kalmine has been in theatrical busi- ness since 1915, and was successive- ly music boy, stage hand, treasurer, manager and roadshow manager. At the close of the last war he operated his own theatre and later was placed in charge of 16 New Jersey theatres by Louis Rosenthal. He was district manager for Fabian, then joined War- ners and served in managerial capaci- ties and as head booker for the cir- cuit here. He was appointed zone manager for Warners in New Jersey and then at Pittsburgh. Those at Meeting Those attending the theatre meet- ing included James Coston, Chicago ; Nat Wolf, Cleveland; I. J. Hoffman, New Haven ; Don Jacocks, Newark ; Moe Silver, Albany; Ted Schlanger, Philadelphia ; John Payette, Washing- ton, and home office executives includ- ing Clayton Bond, Stewart McDonald, Sam Morris, Harry Goldberg, Leon- ard Schlesinger, Abel Vigard, Harry Rosenquest and Frank Phelps. Para. Stockholders Sue on Bioff Fund A stockholders' suit against Para- mount Pictures, Inc., its officers and directors was filed in the U. S. Dis- trict Court yesterday by Lillian S. Raber and G. Arthur Peck, seeking an accounting of $100,000 allegedly paid by Paramount to William Bioff and George E. Browne. The complaint claims that the pay- ments were wrongfully concealed from stockholders by the use of "sur- reptitious padded vouchers," and that the acts of Paramount's officers were illegal and invalid. Two suits have been previously filed as a result of the Bioff-Browne case against 20th Cen- tury-Fox Film Corp. and one against Loew's. Ross Leaves on Tour Harry A. Ross, president of Ross Federal Service, Inc., has left for a tour of South and Central America. Clifford B. Ross, vice-president, is ac- companying him. (Continued from page 1) committee who had received $200,000 from Schenck but Correa refused to ask who the investigator was "from a man of Bioff's credibility who has thought this up over night." When questioned about the incident by his own lawyer, Michael Luddy, Bioff said that Schenck had told him that he needed $200,000 in currency to give to Garrson, at that time working for the Sabath Committee investigating the film industry and receiverships. Correa brought out that Maloy had died shortly before Bioff began his admitted collections from Chicago the- atre operators. And Sudden Death "Maloy died in February, 1935?" Correa asked. "Yes, sir," replied Bioff. "Suddenly?" pursued the U. S. At- torney. "Very sutidenly," was the answer. "And you started collecting from the Chicago theatre owners a few months after Mr. Maloy's death?" Correa continued. After several ob- jections and further questions, Bioff admitted that this was so. Bioff de- nied that he knew of any collections from theatre owners by Maloy. Charles T. Russell, income tax consultant and former Deputy Commissioner of Internal Rev- enue, called as a defense wit- ness, testified that Schenck had suggested in 1938 that the late Sen. William Gibbs McAdoo be asked to intercede for Bioff in Washington. Russell produced a cablegram re- ceived from Schenck on July 31, 1939, while the latter was in Europe. The cablegram read : "B. is to testify Sacramento. He intends withholding information. I suppose at request of Mac. If he does at least he should get promise from Mac to intercede Washington to stop persecution." 'B' for Bioff Russell identified "B" as Bioff and "Mac" as Senator McAdoo. The Sacramento testimony referred to a grand jury investigation and the Washington intercession requested was with the income tax authorities, Russell said. He added, however, that he did not see Senator McAdoo and the latter made no intercession. At one point in the cross-examina- tion, as Correa attempted to show an- other in a series of perjuries, Judge Knox sustained a defense objection. "There have been a number of con- tradictory statements made," said the court. "I undertsand, your honor," Henry A. Uterhart, one of Bioff's lawyers, rose to say, "that you are referring to witnesses for both the prosecution and defense." "I am referring to the contradictory statements by the witness here," re- turned Judge Knox, indicating Bioff. Correa ended the cross examination by challenging Bioff : "Can you name any single proceeding within the past 10 years in which you have testified, where you told the truth, the whole truth and nothing but the truth?" Strenuous objections by the defense counsel were sustained by the court and Bioff did not answer. On redirect examination, Luddy questioned Bioff to show that his real name was Morris William Bioff and that he had not assumed that name for purposes of obtaining a passport as intimated by Correa. Luddy stated that Bioff's brothers and sister were in New York and that they would take the stand as witnesses for him. Tells of That $100,000 Ruth Nolander, Schenck's former secretary, another defense witness, testified yesterday that Schenck had counted out $100,000 in currency in the presence of herself and Bioff in June, 1937, and that the money was placed in Schenck's personal box in Schenck's office. Correa, on cross- examination, brought out that Miss Nolander did not know whether this money had been given by Bioff to Schenck. Bioff had previously testi- fied that he had returned the $100,000 lent to him by Schenck about this time. Russell testified that he had first heard of Bioff in April, 1938, when Schenck told him that he had a "friend, William Bioff," who had in- come tax difficulties and suggested that Russell get in touch with him. Russell testified to having conferences with Bioff and Joseph M. Schenck at the latter's home and office about the $100,000 loan. Several other cable- grams were introduced to show Schenck's interest in the Bioff case. Bioff was admonished repeatedly by Judge Knox to give direct answer to the questions of Correa. 'Told to Hold Cash' Bioff, on cross-examination, testi- fied that he received $50,000 each from Nicholas M. Schenck, president of Loew's, and Sidney R. Kent, presi- dent of 20th Century-Fox, in New York. He said he was told to hold the cash until Joseph M. Schenck re- turned from Europe. "Didn't it strike you as ex- tremely odd that they asked you to hold this money?" Correa asked. "I can't help what they think or what they had in mind but the fact remains that's what they did," Bioff responded, add- ing later, "The whole setup struck me as odd." He testified that he had never been asked what facilities he had for hold- ing the large amount of currency and that he took out no insurance against its loss by fire or theft. Correa ques- tioned him about Samuel Brenner, a Chicago attorney who, Bioff said, made some of the payments on behalf of the producers. After getting from the defendant the statement that he knew Brenner for about two years before the incident, Correa produced a sworn passport application submit- ted by Bioff in which Brenner had stated that he knew Bioff for 30 years. Bioff denied that these payments con- stituted "a local shakedown" in Chi- cago. Bioff also denied that Nick Dean, also known as Nick Circella, had been appointed collection agent in Chicago after Bioff moved to the coast. Bioff reiterated that Browne, his co-defendant, was not present when Ostrer Resigns as Chairman of G.B., Succeeded by Ran] (Continued from page 1) rector, and Leslie Farrow have be named to the Gaumont board of rectors. Woolf has been named joint rm aging director of Gaumont Briti with Mark Ostrer, who continues that post. Metropolis & Bradt'c Trust Co., the holding company wh controls Gaumont, and whose sha were purchased by the Rank- Wo interests, has announced the resigi tion of Isidore, Mark and Maur Ostrer, and the appointment of Rai Woolf and Farrow. Complete financial details of I transaction have not yet been mi public, and it is understood the de. was occasioned by the need of obta ing approval from 20th Century-Fi which has an interest in Gaurm British. Such approval is understc to have been given. Plan S. A. Branches For Mexican Filn Mexico City, Oct. 30. — Arran; ments for the establishment of < changes for Mexican pictures in \ Latin American cities are being m; by Studio Workers' Local 2 of ' National Cinematographic Work Union, it was announced by its sec tary general, Enrique Solis, during fiesta here that commemorated 1 seventh anniversary of the local's i ganization. Aid of President Manuel Avila ( macho in establishing these exchanj and in the organization of a picti workers' bank here and the insti tion of an academy of cinematograp arts, to encourage the best works s players, is to be enlisted, Solis said. Clergy in Pa. Town Hits Visiting Shot Nanticoke, Pa., Oct. 30.—The cal clergy has united against all c cuses, carnivals and road shows ai where within town limits and < manded Republican and Democra nominees for city offices commit the selves on the issue. In the petition it was stated { "vast amount of money carried aw by such carnivals and road sho brings upon our business men irrep; able loss." Noel Coward Fined $8C London, Oct. 30. — Noel Cowa was fined $800 and $80 costs tod for violation of Britain's wartime nance regulations, based upon faih to report United States assets to t Government. Theatre Opens Tonigh The Park Theatre on Columb Circle will inaugurate its new fill policy with a special program tonigl any collections were made but a mitted that Browne was present wh Norman Thor Nelson showed h: bankbooks proving that commissio received from Smith & Aller we deposited. There will be no trial session t day. The hearing will resume Mo day with Russell continuing his dire testimony. •riJa\. October 31. 1^41 Motion Picture Daily ; [odgers Explains .Metro Sales Policy At ITOA Meeting (Continued from page 1) a\ in an explanation of the M-G-M pies policy before the New York TOA, meeting at the Hotel Astor. Rodgers appeared at his own re- mest to respond to exhibitors' views •n the company's sales policy as out- aned to Rodgers at a recent meeting with Harry Brandt, ITOA president, Brandt told the meeting. Brandt, in nt reducing Rodgers, stressed the value of round-table discussions to iron out iroblems of distribution and exhibition. Rodgers asked the independent ex- libitors present to trust M-G-M, stressing the company's past record of »'air dealing with exhibitors. Respond- ing to the contention that too many percentage pictures are offered, Rodg- !ers pointed out as an example that in the first two groups of M-G-M films tfor the new season, totaling seven films, only one, "Honky Tonk" has been designated as a percentage pic- ture for subsequent runs in the New- York territory. Answers Reports on Terms In answer to the asserted report that some circuits here were getting all Metro product on a flat rental basis, the M-G-M sales chief assured the ITOA members that such was not the case, nor was it true anywhere in the country. He declared that no picture will be designated as percent- age unless in the honest judgment of the company sales heads, such designa- tion is justified by the quality of the film. He pointed out that negative costs have risen tremendously, from an av- erage of $350,000 to $750,000 over a period of years, most of the increase developing within the past few years, and that if negative costs are cut, the quality of the product must necessarily suffer accordingly. Production costs make it necessary that certain pic- tures be sold percentage, he said. Comments on Adjustments At the conclusion of his exposition of the Metro policy, Rodgers answered questions from the floor. He pointed nut that adjustments on contracts on individual pictures were sometimes necessary and emphasized that the ex- hibitor should feel entirely within his rights in asking for such adjustments At the meeting were the following M-G-M executives: T. J. Connors, Eastern, Southern and Canadian divi- sion manager ; E. K. O'Shea, Central division manager ; Jack Bowen, New York district manager ; Edwin W. Aaron, assistant to Rodgers ; Ralph Pielow, New York branch manager and Ben Abner, Newark manager Max A. Cohen, president of the Cinema Circuit, also attended. $450,000 Film Arbitration Budget Seen for Next Year (.Continued from page 1) Feb. 1 has made it possible for the American Arbitration Association to hold costs to a figure comfortably un- der the $490,000 maximum set by the consent decree for the initial operating period. This was accomplished despite non-recurring costs involved in the establishment of the boards for such terns as purchase of furniture and equipment for the 31 local offices. §465,000 Maximum The decree sets the maximum bud- get for the second operating period of the boards at §465,000, but present indications are that the actual budget will be slightly less than that amount. The economical operation during the initial period eliminated whatever dis- position there might have been to seek the reduction of some of the boards at this time on grounds of economy. It was felt that the small amount which might have been saved would be more than offset by the inconveni- ence to exhibitors which would result from the elimination of any of the boards. It is pointed out, also, that the fact that three boards, Des Moines, In- dianapolis and Seattle have had no complaints may mean no more than that potential arbitration cases were satisfactorily settled but that com- plaints requiring arbitration may arise at any time. Warburg Budget Chairman Paul Warburg of the A. A. A. is chairman of hte budget committee and Joseph H. Hazen of Warners represents the consenting distributors. The costs of the arbitration boards are divided among the five consenting companies. Paramount to Sell Away from National (Continued from page 1) fered by the Skouras enterprises for such top Paramount pictures as "Hold Back the Dawn," "Nothing But the Truth," "Birth of the Blues" and "Skylark." Agnew said further, in a company statement released yesterday, that Paramount, in a long series of nego- tiations with the Skouras Brothers, operating heads of National Theatres, had presented several alternate plans for their consideration, but had been unable to reach an agreement which the distributing company considered would yield an adequate film rental for their product based on grosses. Ed Zabel, head film buyer for the National Theatres here, declined to comment on the Paramount state- ment. Defer Arbitrator Selection Chicago, Oct. 30. — The time limit to select an arbitrator in the clearance complaint of the R & G Corp., Cicero, 111., operating the Olympic Theatre, has been extended to Nov. 17 by stip- ulation of the parties involved. Baltimore Store Time Hits Theatre Gross Baltimore, Oct. 30. — First run the- atres in the downtown district here de- clare a new ruling by the department stores to remain open until 9 P.M. on Thursdays is affecting business on that evening each week. Store managers claim the extended hours are to ac- commodate thousands of defense plant workers in the city. Exhibitors state people are too tired to go to the theatre after shopping and that the store employes, likewise, hasten home. Heads Show Builder Unit Ken Prickett has been named spe cial representative in charge of M-G-M's "Show Builder" Unit No. 1, by William R. Ferguson, exploitation manager. Prickett has been manager of El Rancho Theatre, Victoria, Tex. Books Stage Play Chicago, Oct. 30— Larry Stein, Warners Theatres district manager, has booked the play "Tobacco Road" for showing at the Paramount The- atre, Hammon, Ind., Nov. 27-29. Eight Distributors Indorse 'Unity' Plan (Continued from page 1) tute a subcommittee, will confer with Warners, RKO and United Artists to- day or Monday. They will report later to the committee. They said that the discussions have related to methods of procedure with the aim of calling a meeting of all industry branches in the near future to form a joint committee and that actual unity objectives have not fig- ured in the talks. 39-Week Para. Net Put at $7,450,000 (Continued from page 1) the result for the corresponding 1940 period was $1,355,000 share of un- distributed earnings of such subsidi- aries and 888,000 profit on purchase of debentures. After provision for preferred divi- dends, the result for the 39 weeks represents $2.60 a share on the com- mon stock, compared with $1.60 a share for the corresponding 1940 period. The result for the third quar- ter is equal to $1.10 a share on the common, compared with 58 cents a share for the third quarter last year. GE Named in Trust Action Over Lamps An anti-trust suit for $1,500,000 triple damages was filed yesterday in the U. S. District Court against Gen- eral Electric Co. by the Sonolux Co., formerly engaged in the manufacture of incandescent lamps used in film studios and theatres. The plaintiff contends that in 1933 it had such accounts as Paramount, Warners, and Skouras Theatres, but that it lost these customers because of alleged threats of litigation by the defendant. General Electric has a large number of patents relating to products similar to those manufac- tured by the plaintiff, the complaint alleges. Army Boosting Film Service To 555 Houses Lee to Speak in Midwest Claude Lee, Paramount public rela- tions head, will address the Minneap- olis Advertising Club Nov. 5 on "The Romance of the Motion Picture In- dustry." He will speak the follow- ing day before the Duluth Rotary Club. The United States Army Motion Picture Service plans the operation of 555 film theatres at 277 posts throughout the country, in a program of wide expansion resulting from the national emergency. The service, which is an Army function apart from USO activity, is making 2,120 feature bookings weekly for 3,516 film show- ings. The number of theatres in operation is increasing rapidly, it is said. Tent theatres for the most part are being- replaced by more permanent housing, and the remaining out-of-doors show- ings shortly will be discontinued until next Spring. Control of the extensive Army film service is centered in national head- quarters in Washington. Raymond B. Murray and Fred Bund, Jr., are gen- eral manager and assistant manager, respectively. Thomas H. Martell is chief booker. Six district offices are located in St. Louis, Dallas, Atlanta, New York, Washington and Seattle. The Army film service at present is arranging for 9,211 bookings monthly. The Southeastern and Southwestern districts contain the greatest number of Army posts, each with 53 ; the Eastern has 48, the Southern, 36; Central, 36; Western, 45, and inde- pendent posts number six. Greenblatt Holding Eastern PRC Meet Arthur Greenblatt, Producers Re- leasing general sales manager, is holding an Eastern sales conference here preparatory to leaving tonight on a tour of 15 exchanges and a visit to the studio. Attending are the following fran- chise holders : Herbert Given, Phila- delphia ; Harry Asher, Boston ; Wil- liam Flemion and Ann O'Donnell, Detroit ; George Gill, Washington ; Milton Lefton, Pittsburgh ; Lee Gold- berg, Cleveland; G. B. Topper, Chi- cago, and Bert Kulick, New York. Bjorn Foss has been named branch manager of the Los Angeles exchange of Producers Releasing Corp. by Sam Decker, franchise holder there. Birdwell Office in London Russell Birdwell's publicity office announced yesterday that he had opened an office in London. Paul Brewster will be in charge, the an- nouncement stated. Birdwell is ex- pected back in several weeks. Order Current Saving At Southeast Houses (Continued from page 1) mercial users in Alabama, Georgia, Tennessee, Eastern Mississippi, North- western Florida and Southeastern South Carolina, including Charleston, effective Nov. 10. Consumption in North Carolina, where there is adequate production but a drain caused by efforts to sup- ply defense plants in Tennessee with current, is to be cut five per cent. Operator Pact Signed The Howard Theatre, Brooklyn, operated by Levco Theatre Corp., headed by Abraham Levy, has agreed to sign with United Theatrical & Mo- tion Picture Service Employes Union operators, following State Labor Re- lations Board hearings. The theatre agreed to disband the Alliance of Mo- tion Picture Operators. CO 55 < co *» S S O) ^| 00 2 3.S1 .V) >.S CU V x x | J < CO > 5 a „ - •gfS co X! (4 _ H « \ . /-> * i oP ; s o co o§CJ $> § g-§2 cu s B re s O Q ~ £~ 2 v X H 2 Co"** < •a 3 5 ^ re u 5 " C O N •a w S * a 1 §s re wo c re S hwCN fiv. re _>> u 103 o O 9 S ^. C.2 S O .2 m 3 [0 e.% 12 o Pm ■ H o Q ~ 4) 8 ■E "-1 «*< r/J <2 0 «re-|^ i> * 2 v O a o 0> * 00 gP re s- || fit- x o »— I Q < « O M K kl »H "S cm tCJ f 'gO J 2 re^ E-i w pq S 5 PQcmJeT re _, 013 * 3 ^ c3^ .2 o ? ? n sat1 » u<^ ^ — « t re "0 v> •s ? fifS -a re " •a «*> CO O CM >1 o XI CM 00 /-N (M O cm fly ■«■ OS >_/ « ^ eu * p ^£ S3 Ph H GO O CM a o bj . So §^2 oO so 5-§Sg.2 32^SS2 reo %~ CO 1 re =31 05 S O 55^^2 00 to re 53 ON ^ N -^^ " SO 12 to C) c a c-i H cu X! r? fi a iv « o e o Ph fl s re o <"Q ^2 re > ^ P < Jungle Man 126 (D) Buster Crabbe (1940-41) Hard Guy 205 (D) Jack LaRue (1941-42) Billy the Kid Wanted 257 (O) Buster Crabbe (1941-42) Mr. Celebrity 114 (D) Buzzy Henry James Seay (1940-41) Lone Rider Fights Back 168 (O) George Houston (1940-41) Miracle Kid 213 (D) Vicki Lester (1941-42) Nothing But the Truth (C) 4101 Bob Hope (1941-42) Henry Aldrich for President (C) 4104 . Jimmy Lydon (1941-42) New York Town (D) 4105 F. MacMurray Mary Martin (1941-42) Birth of the Blues (M) 4109 Crosby - Martin (1941-42) Skylark (C) 4107 Colb ert-Milland (1941-42) Glamour Boy (C) 4110 Jackie Cooper (1941-42) . .... Among the Living (D) 4108 Albert Dekker (1941-42) c a .0 a CO ■b " P >o 1 CM X) go CQ V CM X! " .O °M H a 2 < Ph re a js ^> « HP Y.^rM^;? s |?-«s PQ M in t3 t: 12 X re i* M3AO1, 2reB5C o o a .So re ») w _ « ^pq co * fi c?c iJ OS o HO co «P-2 E?c1 f (11 (0 ? H O M J3 <3 ^ «P (0 kO co °d o * o •4 cu S3 |P few O |H |H O PQ ^> J. ' S a 1 — I cu «« o ^ 2 >, |- o s PQ I X bfl 3 O vO H 0 X cm H cS g co ^ a ^^5 X u 3 c ^ •go to £0 ss^l X^ sCo -2 HQ ~H ~< CO co s u o fi a ■s tg* 1 re S o K xws,-i & to 4> ^ OgN S fi ^ S CO •a ^ re «cm § CP o o g^N 2S , i vg ^ ; s § s C re ;g J ^ 2 c-i ft oa s~ cott:^ ± re ■« * p o 8.9 s»* pq.fi co §. 2.2 * fi u a — * 0^ I ■c o a ac. CO 0£ |B cu o t>5 T2 X H .spl| S 5 C - r" • ^ 0 OS c <-> . CO >> eu o O a ^> CM 53) ^ u u SCs| f o fe^ ; CO *-»CQ 3 i-l 3^ 3P O w s o CO a eft y s ^3 6* M 2 O o o ^ o 8 S o 55 00 W IT) 8 tN 3 OS Q H £iia>. October 31, 1941 Motion Picture Daily 11 ermits Sought for (Three New Stations; Grant FM Approval [Washington, Oct. 30. — Construe- on permits for three new standard loadcasting stations have been asked the FCC. I The applications were filed by J. Talter Tison for a 600-kilocycle, OUO-watt station at Jacksonville ; leveland Broadcasting, Inc., for a 300-kilocycle, 5,000-watt station at leveland, and Ralph W. S. Bennett >r a 1,450-kilocycle, 250-watt station Sandusky, O. Applications Received The commission also received ap- ications from Stations WBRK, I ittsfield, Mass., for change of fre- luency from 1,340 to 1,150 kilocycles I id increase of power from 250 to ■ 1.000 watts; KXA, Seattle, for in- l -ease of power from 1,000 to 10,000 I -arts; WJPA, Washington, Pa., for Ihange of frequency from 580 to 640 lilocycles and increase of power from 1 .000 to 50,000 watts, and WFTL, I fort Lauderdale, Fla., for change of Irequency from 1,400 to 710 kilo- I ycles and increase of power from 250 10,000 watts. The commission authorized Stations CVOS, Bellingham, Wash., to change ts frequency from 1,230 to 790 kilocy- cles and increase power from 250 to I ,000 watts, and KTXJ, Grand Junc- >ion, Colo., to change frequency from j' ,230 to 920 kilocycles and increase I sower from 250 watts to 500 watts fright, 1,000 watts day. Approve Chicago FM Station A construction permit for a new 'FM station to operate on 47,900 kilo- :ycles, covering 10.800 square miles, «.vas issued to the Oak Park Realty & \musement Co., Chicago. Authority ,.o increase its power from 5,000 to 50.000 watts was granted Station KIR, Seattle. ) The commission ordered hearings >n the applications of Charles P. Blackley for a new 1 ,240-kilocycle, 250-watt station at Staunton, Va. ; Paul Forman Godley for a new 1,230- I kilocycle, 250-watt station at Newark, N. J. ; Beauford H. Jester for a new 1.230-kilocycle, 250-watt station at Waco, Tex., and Roy Branham Al- baugh for a new 1,230-kilocycle, 250- watt station, also at Waco, Tex., and the request of Station WFAS, White Plains, X. Y., for change of fre- quency from 1,240 to 1,230 kilocycles. Reagan WillAddressITPA Charles M. Reagan, Paramount as- sistant sales manager, will be a speaker at the I.T.P.A. of Wisconsin and Upper Michigan convention, to be held at Milwaukee next Tuesday and Y\ ednesday, Paramount announced yesterday. Chicago Party Dec. 5 Chicago, Oct. 30.— The Warner Club of Chicago will hold its annual party at the Morrison Hotel Dec. 5. Steve Fitzgerald, manager of the Straford Theater, is president. Laurel and Hardy Arrive Stan Laurel and Oliver Hardy ar- rived from the Coast yesterday. They will be in the group of actors who will leave Monday to entertain at V. S. Army bases in the Caribbean. Review "The King" (Trio Films) HP HIS French film is not for the family. The king of a mythical coun- *■ try, seeking escape from the humdrum affairs of state, visits France, which he knows from past experience, it is explained, offers attractive diversions. The story thereafter is strictly a boudoir farce. Product of the pre- Vichy France, but unmarred by its age, the satire is liberally flavored with the so-called Continental spice. Thus past re- action should serve as criterion in determining where the film would be appropriate. The risque element is much in evidence. Two of France's foremost stars share the lead, Victor Francen, as the king, and Raimu, as the French democrat, whose wife is naive and an easy victim to the charming approach of the regal visitor. Running time, 93 minutes. "G."* Eugene Arneel *"A" denotes adidt classification. 'Dakota' and Show $19,000, Cleveland Cleveland, Oct. 30. — "Bad Lands of Dakota" drew $19,000 at the RKO Palace, with Bill Robinson heading the "Harlem Revue" on the stage. "Sergeant York" drew §16,000 in its second week at Warners' Hippo- drome. Estimated receipts for the week ending Oct. 23-24: "Little Foxes" (RKO) ALLEN— (3,000) (33c-39c-47c) week. Gross: $6,500. (Average "Sergeant York" (W. B.) WARNERS' HIPPODROME— (3,800) (44c- 50c-60c) 7 days, 2nd week. Gross: $16,000. (33c-39c-47c Average, $11,000) "Bad Lands of Dakota" (Univ.) RKO PALACE— (3,100) (33c-47c-55c) 7 days. Bill Robinson and "Harlem Revue" on stage. Gross: $19,000. (Average, $13.- 500) "Smilin' Through" (M-G-M) LOEWS STATE— (3,500) (33c-39c-47c) 7 days. Gross: $10,500. (Average, $11,000) "Nothing But the Truth" (Para.) LOEWS STILLMAX— (1.900) (33c -39c- 47c) 7 days, 2nd week. Gross: $7,000. (Av- erage. $4,000) 7 days. $4,000) 2nd 'Smilin' Through* St. Louis Winner St. Louis, Oct. 30. — Overcoming stiff competition from a rodeo and circus, local theatres did well. Loew's, with "Smilin' Through" and "Tank-, a Million," grossed $14,500. Estimated receipts for the week ending Oct. 23 : "Week End in Havana" (20th-Fox) "Sailors on Leave" (Rep.) AMBASSADOR— (3,018) (30c-40c-50c) 7 days. Gross: $12,500. (Average, $11,500) "Yank in the R.A.F." (20th-Fox) "Unfinished Business" (Univ.) FOX— (5,039) (30c-40c-50c) 7 days, 2nd week for "Yank." Gross: $11,800. (Aver- age, $11,000) "Sergeant York" (W.B.) MISSOURI— (3,514) (40c -50c -60c) 7 days, 4th week. Gross: $4,800. (Average, $4,000) "Kiss the Boys Goodbye" "Aloma of the South Seas" ST. LOUIS— (4,000) (35c-45c) 7 days. Gross: $3,000. (Average, $2,600) "Smilin' Through" (M-G-M) "Tanks a Million" (U.A.) LOEWS — (3,162) (30c-40c-44c-56c) 7 days. Gross: $14,500. (Average, $13,000) Drop Seattle Policy Seattle, Oct. 30. — Hamrick-Ever- green's policy of operating their Mu- sic Hall theatre every Friday, Satur- day and Sunday as a first-run return engagement house has failed to prove satisfactory, and the theatre is again closed except for special rental oc- casions. Kodak Employes Get Defense Bond Plan Rochester, Oct. 30. — A plan to buy Defense Savings Bonds from their earnings has been offered employes of Eastman Kodak Co. by Frank W. Lovejoy, board chairman. Under the plan, employes may au- thorize payroll deductions of any de- sired amount. Two Companies Formed Sacramento, Oct. 30. — Two theatre companies have been incorporated here to operate in California. They are Hi-Ho Theatre, Inc., San Francisco, by L. S. Hamm, B. E. Kagen, Jesse Feldman and F. E. Cannon, and In- way Theatres, by R. G. Sobel and L. B. Goodman. NBC, CBS Sue For Injunction On FCC Rules Attacking the new FCC network regulations due to go into effect Nov. 15 as "arbitrary, capricious and con- trary to public policy" and beyond the powers of the commission, CBS and NBC filed suit in U. S. District Court here yesterday to enjoin enforcement of the rules. A hearing will be held next Friday at which the networks will request a temporary injunction pending final dis- position of the action. Also sought will be the convening of a statutory court of three judges to review the ruling of the FCC. Although CBS brought its suit by itself, NBC was joined by Woodmen of the World Life Insurance Society, owner and operator of WOW, Omaha, Neb., and Stromberg Carlson Tele- phone Manufacturing Co., owner and operator of WHAM, Rochester, N. Y., as co-plaintiffs. Both networks had previously an- nounced on Oct. 11, the date the rules were promulgated, that they intended to bring the suit. Last minute confer- ences this week with Assistant At- torney General Thurman Arnold failed to produce a satisfactory settlement, it was reported. Affidavits of William S. Paley, CBS president ; Niles Trammell, NBC president, and Herbert V. Akerberg, CBS vice-president in charge of sta- tion relations, accompanied the filing of the suits. 4GENE AUTRY SMILEY BURNETTE FAY McKENZIE • HAROLD HUBERT SIDNEY BLACKMER Joseph Santley — Director Screen Play by Olive Cooper • Albert Duffy Based on a story by Dorrell & Stuart McGowaa DOWN MEXICO Buy. U. S. Defease Bands ^CHESTER JOHH SCO^ ^ AND HIS 0*> ©0 FS BOX OFF/C SED £ TO 52,500,000 LISTENERS OVER 70 STATIONS OF THE MUTUAL BROADCASTING SYSTEM AND ITS AFFILIATES! Don'f forget to tune in Saturday, Nov. 1st, 9:00 to 9:30 P. M., f. S. T. NOTR i MOTION PICTURE DAILY First in and Impartial , I 50. NO. 88 NEW YORK. U.S.A.. MONDAY. NOVEMBER 3. 1941 TEN CENTS r.B. Appoints district Heads •ranch Chiefs "hnitzer Is Metropolitan District Manager Edward M. Schnitzer, Warner istern district manager, was imed Metropolitan district man- (€r with supervision over New ork, New Jersey and Brooklyn, it is announced Friday. Other appointments giving added ties and wider authority were an- ■unced by Ben Kalmenson, Warner •neral sales manager. They include obert Smeltzer, central district mail- er with supervision over Washing- n, Philadelphia, Pittsburgh, Cincin- Cleveland and Detroit ; Fred ck, Southwestern district manager, .pervising Dallas, New Orleans and klahoma City ; Ralph McCoy, South- stern district manager, supervising (Continued on page 4) XX Assures Station Status in Rules Fight Washington, Nov. 2. — The Fed- fal Communications Commission riday adopted an order assuring that roadcasters contesting the network •emulations will be kept on the air ntil the issues are settled, whether y court action or Commission de- ision. The order also announced formally aat while the regulation prohibiting ne operation of two or more stations vith substantially overlapping service reas was not suspended, the Com- ni>sion will postpone indefinitely any tttion to prevent dual station opera- ion if it is shown that the operation )f two staions in any city is indis- (Continued on page 4) f500 at Pittsburgh Variety Club Fete i Pittsburgh, Nov. 2. — About 500 I persons attended the 13th annual ban- [iquet and show of the Pittsburgh | Variety Club here tonight. Among those who participated were Xavier Cugat, Leighton Noble, Jack j Coffey and Maurice Spitalny and their J orchestras, Ethel Shutta, Raul & Eva Reyes, the Stuart Morgan dancers, Evelyn Farney, Sibyl Bowan. Hall H Sherman, Mary Martha Driney, the , Ken Christie Choir, the Juvellys and I Sharky the Seal. Mart May was mas- ter of ceremonies. IATSE Deposes Browne, Report George E. Browne has been relieved of the IATSE presi- dency and Thomas Murtha, until recently an international repre- sentative of the IA on the West Coast, has been named to re- place him, the Daily Mirror stated in a copyrighted story over the weekend. The action was taken secretly by IA officials late last week due to disclosures in the Fed- eral court trial of Browne and William Bioff on racketeering charges, the report stated. Union officials declined to confirm or deny the story. Allied to Complete New York Meetings On Unitv This Week Sidney Samuelson and Jack Kirsch, constituting a sub-committee of the Allied States industry unity commit- tee, conferred Friday with United Artists, the ninth company with which the two have met to discuss methods of advancing Allied States' plan for an all-industry committee. Samuelson is expected to return from Philadelphia this week to con- fer with Warners and RKO. with (Continued on page 2) PARA. GETS DECREE ESCAPE' FOR MINN. London Sees G.B. -Odeon Merger Move London, Nov. 2. — Financial circles here believe that the recent acquisition of Gaumont British control by General Film Distributors will eventually re- sult in a merger of Gaumont British with the Odeon Circuit. This would combine two of three largest circuits in the United Kingdom. Authoritative sources report that the possibilities of such a merger are being explored. J. Arthur Rank and Leslie Farrow, directors of General Film, who have been appointed chairman and director of Gaumont British and the Metropolis & Bradford Trust, G. B. holding company, are also directors of Odeon. It is understood here that General Film is willing to acquire the 49 per cent interest of 20th Century-Fox in Metropolis & Bradford and that ap- proaches have already been made. It is reported that 20th Century-Fox might be willing to sell under appro- priate conditions. Twentieth Century-Fox officials could not be reached for comment over the weekend. 1 0 Mon tits' Arb itra Hon Cost Is $190,000 Under Estimate The American Arbitration Associa- tion will end the first 10 months oper- ating period of the 31 industry arbitra- tion boards at approximately $190,000 under the maximum budget of $490,- 000 allowed by the consent decree for their operations, the budget committee reported over the weekend. The committee consists of Van Yechten Veeder, member Of the na- tional appeals board for the industry arbitration system ; Joseph H. Hazen of Warners, and Paul F. Warburg of the A. A. A. [Motion Picture Daily re- ported Friday that the A.A.A. would end the first period of the boards' operations "comfortably (Continued on page 4) Conn. Allied to Poll Members on Decree New Haven, Nov. 2. — Allied The- atre Owners of Connecticut will meet at luncheon Tuesday at the Hof Brau Haus Restaurant, with Dr. J. B. Fish- man presiding. A poll of all indepen- dent exhibitors in the territory on their reactions to the consent decree and its operation will be set in mo- tion at this meeting. Exhibitors will be asked to give the organization anonymously a detailed account of the operation of the decree with respect to their theatres. Resignation of Lawrence C. Cap- Ian as executive secretary will be considered and a successor elected. Will Be Exempted from 5 -Block Sales Method; U. A. Starts Sales Federal Judge Henry W. Goddard is expected to sign an order today relieving Paramount of complying with the sales provisions of the Fed- eral consent decree in Minnesota so that it may resume selling in that State without violating the Min- nesota anti-block-of-five law. Meanwhile, Ralph S. Cramblet, United Artists manager in Min- neapolis, announced Saturday that he had received instructions to begin selling under the terms of the law. Paramount also is expected to start sales in Min- nesota early this week. Following a hearing in U. S. Dis- trict court here on Friday at which the Department of Justice opposed Para- mount's application for a release from the decree provisions, Judge Goddard directed attorneys for Paramount and the Government to agree on the form of an order relieving Paramount, and (Continued on page 4) Russell Continues As Bioff Witness Charles T. Russell, income tax con- sultant and former Deputy Commis- sioner of Internal Revenue, will con- tinue on the stand this morning as a defense witness when the extortion trial of George E. Browne and Wil- liam Bioff is resumed in Federal Court. Members of Bioff's family are also due to give testimony that Bioff's real name is Morris W. Bioff. Because of the holiday tomorrow, little likelihood of the trial ending this week was seen by attorneys. Browne has not indicated whether or not he will take the stand. If he does, the trial is almost certain to extend into next week. Home Offices Close Half Day Tomorrow Home offices of the major companies will close at 1 P.M. tomorrow, Election Day, with the exception of 20th Cen- tury-Fox, which will be closed the entire day. i 2 Motion Picture Daily Monday, November 3, 1( Personal Mention $3,000,000 Annual Business in Minn. Indicating that the six ma- jor companies affected by the Minnesota anti-decree law do $3,000,000 annual business in the State, Paramount dis- closed to Federal Judge Henry W. Goddard on Friday that its 1940-'41 business there amounted to $522,934. In an affidavit by Benjamin Blotcky, Paramount district manager at Minneapolis, the company reported that it had $410,934 in feature contracts and $112,000 in short subjects and newsreel contracts in Minnesota last season. The company sold to 290 of the 475 theatres in the state. Set Plans for Drive Of Comerford Circuit Scranton, Pa., Nov. 2. — Four dis- trict managers and six house man- agers of the Comerford Circuit will receive all-expense trips to Holly- wood in the annual Comerford The- atres Managers drive which began yesterday. Final plans for the nine- weeks campaign named in honor of Y. Frank Freeman, Paramount vice- president, were made at an all-day meeting of managers and officials at the Inn, Buck Hill Falls, Pa. Among the guests at the meeting were Postmaster General Frank C. Walker, Neil Agnew, Leonard Gold- enson, Sam Dembow and Charles Reagan of Paramount ; John J. O'Leary, general manager, John No- lan and Charles Ryan of the Comer- ford circuit. Although previously divided into four divisions, the circuit's houses are aligned in six for the 1941-'42 drive, thus giving two more managers a chance to win an award. Mayer Sees Record Coast Charity Drive Hollywood, Nov. 2. — Louis B. Mayer, chairman of the motion pic- ture division of the Los Angeles Community Chest, addressed stars from all studios and executives rep- resenting all guilds and unions, at a luncheon at the Assistance League. Mayer expressed the belief that the 1941 drive, which opens tomorrow, will bring total contributions exceed- ing last year's record of $467,061, established under Mayer as chairman. BROADWAY PLAYS "GRAND-SCALE SMASH HIT!" — Life Magazine GERTRUDE LAWRENCE In the Musical Play "LADY IN THE DARK" ALVIN, 52 St. W. of B'way— Mats. Wed. &. Sat. Mail Orders Promptly Filled "A GREAT SHOW" — Herald Tribune ^(]C $1 & $1 .50 PLUS TAX ) 1 * NO HIGHER 2ND YEAR— 2ND EDITION of the _ Sensational Musical Icetravaganza IT HAPPENS ON ICE at America's Only Ice Theatre Center Theatre. Rockefeller Center. CO. 5-5474 Eves, exwnt Monday. Mats. Sat.. Sun. & Tues. 501 Seats for Every Pert. 50c. EVGS. AT 8:40 RUBE JACKTER, Columbia assis- _ tant sales manager, attended the Variety Club banquet in Pittsburgh last night after returning from the company's regional sales meeting at San Francisco. • Walter Wanger plans to remain in New York another week. • Henderson M. Richey left yester- day for Milwaukee and will visit Charlotte, Dallas and New Orleans. • A-Mike Vogel has returned from Pittsburgh. • Wesley Kent, Altec Service engi- neer in the New York district, is the father of a boy, Wesley Kent III. Grainger Leaves For Republic Meet James R. Grainger, president of Re- public, left by plane yesterday for New Orleans, to preside at a regional sales meeting for Southern offices, to be held at the Jung Hotel Wednesday and Thursday. From there Grainger will go to Chicago for a Midwest ses- sion at the Drake Hotel Friday and Saturday. The final regional meeting will be held here at the New York Athletic Club on Nov. 12 and 13 for Eastern branch staffs and home office execu- tives. Grainger will return here Nov. 10. 'Blues' Given Dual Opening in South New Orleans, Nov. 2. — "Birth of the Blues," Paramount feature star- ring Bing Crosby and Mary Martin, was given a premiere at the Saenger Theatre here Friday night with a Hollywood studio group participating. A parade led by Gov. and Mrs. Sam Jones of Louisiana and a broadcast over WNOE were among the day's events. Opening in Memphis Memphis, Nov. 2. — Ellen Drew, Richard Arlen, Albert Dekker, Mar- tha O'Driscoll and Phillip Terry were in the group of Hollywood players who attended the opening of Paramount's "Birth of the Blues" at the Malco Theatre here Friday eve- ning. A luncheon, banquet, parades and receptions preceded and followed the premiere. W. C. Handy, "father of the blues," received an ovation at the premiere. Name Technical Staff For (Night of Stars' Marvin Schenck, chairman of the production committee of the "Night of Stars" benefit show at Madison Square Garden Nov. 26, has named the technical staff for the show. The staff includes : Sidney Pier- mont, Loew's, staging ; Arthur Knorr, Roxy, and Lester B. Isaacs, Loew's, amplification and lighting; Don Al- bert, Station WHN, head of the 100- piece orchestra. 'Swamp Water' to Globe "Swamp Water," 20th Century-Fox picture, will go into the Globe on Broadway, following the current run of "Target for Tonight." TV/fR. and MRS. ABE LASTFO- IV J GEL are in town from the Coast. • Louise Phesay, secretary to Al Margolies at United Artists, has an- nounced her engagement to Frank Finn. • Sidney Lax, formerly with Colum- bia in New Haven, has been dis- charged from the Army, as has William Nutile, formerly with Paramount in New Haven. • Mary Worstell of the M-G-M ex- change, New Haven, is on sick leave. • William Sirica, operator of the Lido, Waterbury, Conn., is back at his theatre after a siege of the grippe. The development of the short-story film is a positive approach to the elim- ination of the second feature, Arthur DeBra of the MPPDA told an audi- ence at the Museum of Modern Art on Friday. He spoke connection with a screening of "The Tell-Tale Heart," M-G-M short based on the Edgar Allan Poe short story of that title. "The Great Train Robbery," vintage 1903, was shown as a curtain raiser for contrast. Edgar Allan Poe, Jr., a Baltimore attorney and writer and kinsman of the author, was in the audience. Also present were representatives of the Edgar Allan Poe Society and Arthur Stoughton, president of the Bronx So- ciety of Arts and Sciences. Among those present were Si Sead- ler, Art Schmidt, Maureen O' Sulli- van, Herbert Morgan, Melvin Hey- mann, Jesse Zunser, Iris Barry and George Avis of Loew's, Baltimore. Allied to Complete Meetings on Unity (Continued from page 1) which the sub-committee was unable to meet last week. Kirsch, who returned to Chicago over the weekend, will prepare a re- port on the New York conferences for the Allied committee. Both commit- teemen said they were encouraged by the reception given them by the dis- tributors. They were optimistic for prospects of an all-industry confer- ence in the near future to discuss the formation of a permanent committee to handle problems of the industry as a whole. Pressburger Due Today Arnold Pressburger, producing for United Artists, is due here from the Coast today. He has signed Josef von Sternberg, director, to a three- year contract for one film a year. The director just finished work on Press- burger's production, "The Shanghai Gesture." Ilona Massey Celebrates Ilona Massey and Alan Curtis will be hosts at a cocktail party at the Stork Club on Wednesday to celebrate Miss Massey's receipt of first citizen- ship papers. Durr Sworn in as Member of F.C.C. Washington, Nov. 2.— Clif- ford J. Durr, whose nomina- tion to be a member of the Federal Communications Commission was confirmed by the Senate last week, was sworn into office Saturday morning, completing the Com- mission membership for the first time since July NBC Affiliates S< Operations Prograi A four-point program was de\ oped Friday following a meeting NBC officials with a committee rep senting Red network stations. A sii lar meeting was held Thursday w a Blue station committee. N Trammell, president of NBC, p sided at the meetings. The program calls for the devel ment of a coordinated plan of ope tions by the network and its statii to insure maximum efficiency of s vice through effective cooperat with all national defense agenci study plans for the maintenance public morale and physical well be; during any emergency; maintenai of normal broadcasting schedules far as possible in the event of em gency, and establishment of a clear house of information to expedite p curement of equipment and repla ment parts. It was decided to hold regu meetings quarterly. Armstrong Award i Radio to H. W. Horn I The fourth award of the Armstrc Medal for "outstanding contribute to the radio art" was made Fric night to Harry William Houck, N: York engineer and radio pioneer, : the 32nd annual dinner of the Ra Club of America. J. L. Callahan, club president, p I sented the award. Rear Admiral S. Hooper, director of the radio liaii division, Office of the Chief of Na Operators, was guest speaker. Leaves Warner Brand Al Barabas has resigned as assij- ant booker at the Warner exchai here to join his brother in Washii ton. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday 'i holidays by Quigley Publishing Comp; , Inc., 1270 Sixth Avenue, Rockefeller Cen I, New York City. Telephone Circle 7-3 I Cable address, "Quigpubco. New York." 1 1 tin Quigley, Editor-in-Chief and PublisI I Colvin Brown, Vice-President and Gen \ Manager; Watterson R. Rothacker, V - President; Sam Shain, Editor; Alfred . Finestone, Managing Editor; James . Cron, Advertising Manager; Chicago Bun . 624 South Michigan Avenue, C. B. O'N , Manager; Hollywood Bureau, Postal Ui l Life Building, William R. Weaver, Edi I Leon Friedman, Manager; London Bur< , 4 Golden Square, London Wl, Hope \ • liams. Manager, cable address "Quigpul I London." All contents copyrighted 1941 I Quigley Publishing Companv, Inc. Ol r Quigley publications: Motion Pict ,e Herald, Better Theatres, I"ternatic I Motion Picture Almanac and Fame. - tered as second class matter, Sept. 23, 1 f at the post office at New York, N. !, under the act of March 3, 1879. Subset- tion rates per year $6 in the Americas 1 $12 foreign. Single copies 10c Short-Story Film Is Screened by M-G-M ■ The Face on the Cutting Room Floor en David Wark Griffith and Billy Bitzer at Biograph were teaching the camera to tell stories they used many close-ups. They found that a twitching lip. distraught hands twisting a kerchief, the furtive finger in the discard, the like of that, some- times could tell more than a stage full of actors. (Competitors, jealously unhappy, were sarcastic. ^JTriffith chops his actors up into pieces, they said scorn- fully He hires the whole actor and he ought to use him, they argued. he ridiculousness of the notion serves, however, to stress a certain logic which it overstates. This comes to point here in that policy of Republic Pictures Corporation which insists that what it buys must be delivered on the screen. ]R.epublic has the unique policy of buying a story only when it is to be used, employing players when they are to be cast, hiring directors when they are to direct. A set is built after it is in the script, and the script is what the picture is about. Changes of mind and shifts in construction are made on paper, not on the stage. This makes it unnecessary for the editing department to leave costly sequences, and faces, on the cutting room floor. Republic production is not exploratory, not experimental. Shooting begins when it has been decided what is to be shot at. A consequence of that shows up in the bookkeeping. There is no dead horse to be buried in the cost sheets, no inventory to be charged off there and passed on to the trade in sales quotas. The cost is the cost of the picture and the pictures are for the picture, on the screen, not on the cutting room floor. This is becoming widely known. Ernest Heyn, editor of Photo- play-Movie Mirror, recently wrote concerning "the intriguing example of Herbert Yates, who . . . can make a picture for $100,000 that will cost a major $250,000 because of overhead so cleverly avoided by Yates. N o marquee ever sold overhead with success. The customers can't see it. REPUBLIC PICTURES CORPORATION BUY U. S. DEFENSE BONDS 4 Motion Picture Daily Monday, November 3, 19< Court to Grant Para. 'Escape' On Minn. Law {Continued from page 1) said he would sign it as soon as it was completed. Attorneys indicated over the week- end that the order should be ready for Judge Goddard's signature today. None of the other four consenting companies gave any indication in court or after the hearing that they intended to follow Paramount's course and also seek exemptions from the decree for Minnesota operations. Two of the companies indicated that they would not do so and the remaining two merely stated that "no decision has been reached." Say Paramount 'Unique' One pointed out that Paramount was in a unique position insofar as Minnesota operations are concerned in that the decree permits it to sell to its own theatres there in the manner pre- scribed by the state law. The com- pany would be in a difficult and con- spicuous position, it was stated, if it continued selling to its own Minnesota theatres without making any effort whatever to sell to other theatres in the State. The other four consenting distributors have no theatre affilia- tions in Minnesota and are not con- fronted with the same problem. Paramount's application was made by Thomas D. Thacher, who told the court that the criminal actions already started in Minnesota for violation of the state laws by Paramount, RKO and 20th Century-Fox are regarded as test cases which will determine the constitutionality of the Minnesota anti-block-of-five law in the speediest and most definitive form. He in- dicated that the equity case originally started by the major distributors to attack the state law's constitutionality will not be pressed. Judge Goddard expressed the belief that it would be advisable for the Gov- ernment to intervene in the test cases and lend its help to the distributors in contesting the state law. However, Robert L. Wright, special assistant to the U. S. Attorney General, said the Department of Justice has no plans for intervening at this time. Government Opposition In opposing the Paramount measure, Wright contended that Section 23 of the decree, on which Paramount's ap- plication for a release was based, con- templated an exemption from the de- cree only when "valid" state laws con- flicted with the decree provisions. He argued that the Minnesota law is not valid until the courts have so held, and until that time the court should not grant Paramount a release from the decree. He said that the Government con- tends that block booking as proposed under the Minnesota law is a viola- tion of the Sherman Act and that the state law, therefore, is invalid if the Government is right. Thacher remarked that he saw no merit in the Government's contention because theatre operations are intra- state and therefore subject to state legislation of that kind. Judge Goddard ruled that Section 23 of the decree applied to a situa- tion where a state law imposed an obligation on a consenting distribu- 10 Months' Arbitration Cost Is $190,000 Under Estimate {Continued from page 1) under" the maximum budget figure.] The indicated $300,000 operating ex- pense for the boards covers the period from January to the end of this month. The committee's budget for 1942 still is under consideration and, although it will be for a full 12 months period it should be well below the $465,000 maximum authorized by the decree, since the first budget included the cost of furnishing and equipping the 31 local offices. Because of the eco- nomical operations there has been no effort to eliminate any of the existing boards. 138 Complaints In Nine Months There were a total of 138 arbitra- tion complaints filed in 28 arbitration boards at the end of their ninth month of operation on Friday. Three boards, Des Moines, Indianapolis and Seattle, have had no complaints. An average of about 16 cases per month was again maintained. Of the 55 awards which have been FCC Assures Station Status in Rules Fight Pending Settlement (Continued from page 1) pensable to the continued operation of two networks by one organization. Commission officials said the order was not prompted by the suit filed by NBC and CBS but had been on the calendar for some time. Papers in that suit were filed on the FCC on Friday. CBS Will Prosecute Suit, Seek New Law CBS will not only prosecute its suit against the FCC "vigorously," Wil- liam S. Paley, president, declared in a telegram to affiliated stations Friday, but will also "continue its efforts for the enactment of a new radio law which will recognize the present status of the radio art and the impor- tant part networks now play in Amer- ican broadcasting ; also a law which will clearly specify the powers of the Commission and thus safeguard the interests of broadcasters and the pub- lic alike." Meanwhile, Mathias F. Correa, U. S. Attorney here, has disqualified him- self as Government representative in the NBC-CBS action against the FCC and has asked the Attorney General to designate some one else. Correa was chief assistant to John T. Cahill, NBC counsel in the action, when the latter was U. S. Attorney. A hearing on the broadcasters' re- quest for a temporary injunction has been set for Nov. 7. tor which was in conflict with the obligations imposed upon it by the de- cree, and he was therefore compelled to grant Paramount's application. The order will release Paramount fiom only the trade showing and blocks of five provisions of the decree in Minnesota. It will be effective until the validity of the Minnesota law has been determined. made to date, 30 have been in favor of exhibitors and 25 in favor of dis- tributors. Seventeen cases have been appealed and eight have been decided, of which six were in favor of distribu- tors and one for an exhibitor. The other was not decided on the merits and has been reinstituted. Joelson Seeks Bronx Clearance Reduction New York's 25th and 26th arbitra- tion complaints were filed at the local board on Friday by Julius Joelson on behalf of two Bronx theatres. The 25th was by J-J Theatres, Inc., against Vitagraph, RKO and 20th Century- Fox. It contends that the seven-day clearance of the Skouras-operated Valentine over the complainant's Ava- lon, Oxford and Jerome is unreason- able as to time and area and asks that it either be eliminated or reduced to the day following the Valentine. The 26th complaint was brought by Joelson's Kingsbridge Theatre, Inc., against the same distributors and thea- tre, and seeks the same relief for the Kingsbridge Theatre. AAA Will Arbitrate Ascap-Nets Dispute Disputes involving NBC and CBS under the new Ascap contract for roy- alty payments signed by the networks will be arbitrated through the ma- chinery of the American Arbitration Association, the principals to the con- tract have agreed. W.B. Appoint District Head Branch Chief (Continued from page 1) Atlanta, Charlotte and Memphis; E' Lohrenz, Midwestern district rru1 ager, supervising Chicago, Milw^^'j Minneapolis, St. Louis, Indian^Bi Kansas City, Omaha and Des mWP-I and Henry Herbel, West Coast c trict manager supervising Los Ange! , San Francisco, Portland, Seattle, D ver and Salt Lake City. Doak Roberts replaces Jack Dallas as branch manager ; Sid R ' replaces Lohrenz as Chicago disti manager ; Fred Beiersdorf repla Smeltzer as Washington district m; 1 ager, and W. E. Callaway repla Herbel as Los Angeles district nx ager. Roy Haines, Eastern ; Canadian division manager has had rect supervision of the Boston, N, Haven, Buffalo and Albany branc added to his duties. Charles Einfeld, director of adv tising and publicity, announced promotion of Robert S. Taplin from studio publicity manager to tional manager of publicity, and Alex Evelove of the studio publi( staff to studio publicity manager. 'Harvesf Set for Coatl Hollywood, Nov. 2. — M-G-M make "Random Harvest" here inst of in England, as originally planri Greer Garson and Ronald Colman have the leads. ™ fltent/c, is one ^ ( Released thru United Artists ert, do not priwinvF. MOTION PICTURE DAILY . 50. NO. 89 NEW YORK, U.S.A.. TUESDAY, NOVEMBER 4, 1941 TEN CENTS 4 President een Named [n Few Days iznick Due to Leave for Coast Thursday Javid O. Selznick expects to ,clude negotiations for a new |ied Artists president within the next few days, it was stated yesterday. Selznick has asserted he w i mid remain in New York until a new company head has been chosen. He now plans to leave for the Coast on Thursday. If the current ne gotiations for a president are fruitless, it is understood that Jnpany administration will be placed lithe hands of a management board to designated on Selznick's return to . Coast. \rthur W. Kelly, acting head of lited Artists, arrived on the Coast ^terday for a week's stay. While :re he is scheduled to confer with iarles Chaplin and view new prod- i. He will also check an inventory assets of Walter Wanger Prod., :ently acquired by the company and ited to become a new United Artists loducing organization. David Selznifk loskowitz, Costen Refute Willie Bioff Expect Broadway Gross Boom Today After Big Weekend Broadway business is expected to boom today, Election Day, after a great box-office weekend. The legiti- mate theatres as well as the film houses played to packed houses Satur- day and on Sunday, too, as hundreds of thousands poured into the city from early Friday, for the big football spectacles, including Army - Notre Dame, Columbia-Cornell and Ford- ham-Purdue, and stayed through un- til Monday. It is estimated that more than 500,000 out-of-town visitors were in town during that period. Hotels were taxed to capacity. At the Center Theatre, a 3,500-seat house, where "It Happens on Ice" is holding forth, there were more than 200 standees reported on Saturday night, and at the Alvin, where "Lady in the Dark" is doing capacity busi- ness right along, the business on a comparative basis was equally as great- , , . On the film side, Broadway s inter- est is focused particularly this week (Continued on page 4) Majors Get 7 Million Of British Currency The eight major distributors have received slightly less than $7,000,000 from London during the past few days as their share of the first release of their blocked British funds under the new monetary agreement. An additional amount aggregating just under $1,000,000, and representing one-eighth of the released sum, has been set aside as a revolving fund from which payments will be made as renuired in the event later auditis show that any one of the eight companies (Continued on pafie 5) English Tax Total Put at $35,983,600 London, Nov. 3— The enter- tainment tax in England last year brought to the British Exchequer £8,995,905 (approxi- mately $35,983,600.) The budget estimates were for a revenue of £7,200,000. Court Signs Escape Order On Minnesota With George E. Browne declining i take the stand or call any witnesses m William Bioff concluding his de- nse effort by offering depositions ade by witnesses in California, the ial moved into its last stages yes- rday as the Government started with buttal testimony. Charles C. Moskowitz, executive in large of Loew's metropolitan New (Continued on page 4) ?elder Is Reported Mono. Branch Head Joseph Felder, former assistant to )avid A. Levy, manager of the New -7ork exchange for Universal, it is eported will be named exchange man- ger for Monogram in New York. An order relieving Paramount of compliance with the sales provi- sions of the consent decree in Min- nesota was signed yesterday by Federal Judge Henry W. Goddard, clearing the way for the company to resume selling in Minnesota im- mediately. The Department of Justice, which had opposed the granting of the order at a hearing be- fore Judge Goddard last Friday, included in it a provision that the court's action does not prej- udice the Government's right to challenge the validity of the Minnesota law on the grounds that it violates the Sherman Anti-Trust Act, if it sees fit to do so later. Robert L. Wright, special assistant to the U. S. Attorney General, in op- posing the order last week, asserted that the Government regards compul- sory block booking as a violation of the Sherman Act, and stated that, if the Government is right, the Minne- sota law is invalid for that reason. Judge Goddard indicated that he thought the Government should inter- (Continued on page 4) Ceiling Is Fixed on Picture Theatre Admissions in Canada for Duration Ottawa, Nov. 3.— The Canadian War Time Price and Trade Board today set the "ceiling" admission to be charged by motion picture theatres as the maximum admission applied during the period between Sept. 15 and Oct. 11, for the war's duration. A few theatres across Canada recently raised their prices one or two cents to get away from "the odd copper" change nuisance, and as this was done after the basic period, during which the ceiling was set, they will have to drop their prices back to the original admission charge. The new order goes into effect Nov. 17. Opinion is that Federal and provincial authorities will not increase or impose new gross taxes for the duration. Theatres were not expected to come under the scope of the price board. Other than film theatres, other types of entertainment are not included in the order, as was the case with the Federal admis- sion tax last Spring. Rockefeller, Odium See No RKO Changes Scotch Report Schaefer to Be Replaced Washington, Nov. 3. — Reports that George J. Schaefer may be succeeded by someone else as presi- dent of RKO were depre- cated today bv Floyd B. Od- ium and Nel- son A. Rocke- feller, two of the company's biggest stock- holders. Odium, a dol- lar-a-year man in the Govern- ment's defense program, said that while the s h a k e u p has been "gossiped about for months, I know nothing of an impending change." Atlas Corp., of which Odium is president, is reputedly the largest (Continued on page 4) George Schaefer Silver Heads WB Pittsburgh Zone M. A. Silver, formerly in charge of the Albany theatre zone for Warners, yesterday was named zone manager for the Pittsburgh area by Harry Kalmine, assistant general manager of the Warner circuit, whom Silver suc- ceeds in the Pittsburgh post. _ C. J. Latta, who was assistant to Kalmine at Pittsburgh, was named to succeed Silver in the Albany post. Joseph Feldman, in charge of public- ity at Pittsburgh, was named assistant to Silver in charge of theatre opera- (Continued on page 5) 20th-Fox Sets Trade Shows on Next Block Twentieth - Century - Fox has set trade showings for Nov. 13 and 14 on the company's next block of five fea- tures, according to Herman Wobber, general distribution manager. The five films and showing dates are: "Marry the Boss' Daughter," "Con- firm or Deny" and "Cadet Girl," Nov. 13, and "Rise and Shine" and "The Perfect Snob" on Nov. 14. 2 Motion Picture Daily Tuesday. November 4 New Mortgage on 16 Warner Houses Philadelphia, Nov. 3. — Sixteen theatres owned by the Stanley Com- pany of America, and operated by the Warner circuit, are covered by terms of a $4,660,000 first mortgage secured by the company from the Equitable Life Assurance Society. Bearing in- terest at 4% per cent, the mortgage, which expires in 1956, is applicable to the following theatres here : Earle, Stanley, Stanton, Victoria, Alahambra, Broadway, Colonial, Cross Keys, Har- rowgate, Imperial, Logan, Place, Savoy, 333 Market, Riviera and New Palace. The mortgage replaces an original one of $10,000,000, reduced to approxi- mately $6,000,000, known as the C. Benton Cooper Stanley real estate bonds. The issue, dated 1925, had a maturity date in 1945. It is being called for payment Dec. 1. May Show Features The Little Carnegie management is considering a feature policy instead of the present newsreels. NEW YORK THEATRES RADIO CITY MUSIC HALL Rockefeller Center FRED ASTAIRE • RITA HAYWORTH "YOU'LL NEVER GET RICH" A Columbia Picture ON GREAT STAGE: "UP OUR ALLEYS"— a gay, spectacular revue, produced by Leonidoff. Symphony Orchestra, direction of Erno Rapee. 1st Mezzanine Seats Reserved Circle 6-4600 Paramount d.l u„„„ Presents B«D Mope Paillette Goddard "NOTHING BUT THE TRUTH" PARAMOU IN PERSON THE ANDREWS SISTERS JOHNNY LONG AND BAND vjT TIMES N 1 SQUARE RANDOLPH GENE SCOTT • TIERNEY "BELLE STARR" PLUS A BIG r> f\ v V 7tn Ave- STAGE SHOW It U A T & 50th St. B WAY & 47th St. PALACE Ann Sheridan - Jack Oakie "NAVY BLUES" plus 'MOON OVER HER SHOULDER' Lynn Bari Continuous From 9:30 A. M. &.POP. PRICES 35' TO 1 P.M^ 48* BROADWAY 20th Century-Fox presents "HOW GREEN WAS MY VALLEY" United W% I W I I Broadway Artists If I V \J L I at 49th St. Continuous Pop. Prices. Midnight Shows. Personal Mention MRa» and MRS. JACK L.WARNER are in town. Jerry Lewis of Warners home office publicity department is in Tennessee. • Stanley Hand, Altec Service staff representative, has returned from a four-week trip through the Midwest and Southwest. • W. Durwood Thompson, manager of the Strand in Duluth, Minn., has left his post to join the Army. • Sonny Shepherd, manager of the Lincoln Theatre, Miami Beach, accom- panied by Gordon Spradley, manager of the Center Theatre, Miami, were visitors here yesterday. • Myron Blank of Tri-States The- atres, Des Moines, and Mrs. Blank are the parents of a son, their third child. • Abe L. Einstein of Warner The- atres, Philadelphia, has been named a member of the public relations com- mittee for the 1942 United Charities Campaign there. • Lillian Reittenmeyer, manager of the Casino, Des Moines, for the past 12 years, has left for her home in Iowa City. • Neil McGill, manager of the Caro- lina, Charlotte, has been called to ac- tive duty in the intelligence depart- ment of the Naval Reserve in Charles- town. A/T ARTIN MULLIN and Sam i*** Pinanski of M & P Theatres, Boston, and Earl Hudson of United Detroit Theatres, are scheduled to ar- rive here today for Paramount home office conferences. • Hunter Perry of Dominion The- atres, Virginia ; Carl Bamford, Ashe- ville, N. C, and Fred Kent and Frank Rogers of Jacksonville, Fla., left New York over the weekend after Paramount home office conferences. • H. J. Yates, Republic chairman of the board, left Hollywood by plane for New Orleans yesterday to attend a regional sales meeting there. • Russell Holman, Eastern head of Paramount production, and Dick Murray of the short subject depart- ment are visiting the Fleischer studio in Miami. • Eugene Zukor, who was recently commissioned Lieutenant Commander in the Navy, has been detailed for active duty in the U. S. Navy. • Claude Lee, director of public re- lations for Paramount, left yesterday for Milwaukee, Minneapolis and Du- luth to fill speaking engagements. Arthur Hurley Dies Los Angeles, Nov. 3. — Arthur Hur- ley, veteran director and producer of both films and legitimate plays, died at his home here yesterday. He was associated with the Fox Film Corp. and with Warners. 5 SERVICES DAILY VIA SOUTHERN SUNSHINE ROUTE TO Los Angeles ii. Los Angeles • 4.30pman.d4:^ 1;28am anq 7: :47 am and THE NVlRCUtff lTwo Sections! THE THE SOUTHERNER THE SUN pm 2-18 am 8:47 am 5:25 pm 2:55 am 9;47 am 11:20 pm 8:52 am 4:02 pm 6:30 am 4:58 pm 1:26 am 6-5000. Airlines AMERICAN AIRLINES One ROUTE OF THE FLAGSHIPS 'Little Tomatoes' | A Symbol of Bosto Variety Club Woi! Boston, Nov. 3. — He's a littl of a kid, with wide, trusting eye- a couple of years ago he walker the heart of big Johnny Durvin trict manager for United Artis the Boston district, and, because A \ friends in the business call Jul \ "Tomatoes" for some mysterious son, they call the boy "Little T toes." Because he is what he i lias acquired half a hundred fathers, all members of the V« Club. It's a strange sight to see shopping for him in Summer tin that he can go properly to a camj « his vacation. So, over the months and the y "Little Tomatoes" has become a of a symbol for the type of ch; work the Variety Club does, caring for underprivileged young: such as he is, with $2,000 turned recently to Mayor Tobin's Milk Fj Tonight the club opened new quarters at the Hotel Sta Olsen and Johnson were there, so were Alan Dinehart, Lyle Talb every actor and actress of not< town, because the Variety Clul made up of their kind of pec agents, theatre managers, distribu staffs and the like. And "L Tomatoes was there too, as the s bol of all the good work the tries to do. The club bought out Olsen and Johnson show, "Sun: Fun" last night at $5.50 per tic and turned the proceeds over to Mayor's Milk Fund. Lytell Calls Senate Probe Unity Thre The existence of the Senate committee investigating alleged propaganda is denounced as a ' tinued threat to our national unity tree culture" in a letter to be today to all members of the Senate' Bert Lytell, chairman of the 5 Film Censorship Committee. Lytell, who is also president Actors Equity Association, urged Senators to dissolve the subcommi as a rebuke to its Senate sponsors, view of an overwhelming expres: of public opinion against their act ties." MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday holidays by Quigley Publishing Comp Inc., 1270 Sixth Avenue, Rockefeller Ce< New York City. Telephone Circle 7< Cable address, "Quigpubco, New York." tin Quigley, Editor-in-Chief and Publis Colvin Brown, Vice-President and Gei Manager; Watterson R. Rothacker, President; Sam Shain, Editor; Alfrec Finestone, Managing Editor: James Cron, Advertising Manager; Chicago Bui 624 South Michigan Avenue, C. B. OT Manager ; Hollywood Bureau, Postal V tti Life Building, William R. Weaver, Ed I Leon Friedman, Manager; London Bui I 4 Golden Square, London Wl, Hope !1- liams, Manager, cable address "Quigpi I London." All contents copyrighted 194 y Quigley Publishing Company, Inc. Cji Quigley publications: Motion Picljf Herald, Better Theatres, InternatiJ* Motion Picture Almanac and Fame. A tered as second class matter, Sept. 23, VM at the post office at New York, N. K.» under the act of March 3, 1879. Subs'* tion rates per year $6 in the Americas ;d $12 foreign. Single copies 10c. fOTE THE STRAIGHT WARNER TICKET! or For For For For For For )LD- TOP RIGHT NEXT THE WEEK THANKS- MERRY ERS MONEY NOW WEEK AFTER GIVING XMAS RNERS' $ (GEANT ORK $ WARNERS' $ "THE MALTESE FALCON WARNERS' TARGET FOR TONIGHT $ WARNERS' $ BLUES IN THE NIGHT WARNERS ONE FOOT IN HEAVEN $ WARNERS' THEY DIED WITH THEIR BOOTS ON $ WARNERS'* THE MAN WHO CAME TO DINNER (07E &&?V $-f7S mWERSf 4 Motion Picture Daily Tuesday, November 4 C. C. Moskowitz and Costen Refute Bioff's Testimony Expect Broadw Gross Boom Tod; After Big Weekei Court Signs Escape Order On Minnesota (Continued from page 1) vene in the pending criminal informa- tions against Paramount, 20th Cen- tury-Fox and RKO at St. Paul for alleged violations of the Minnesota anti-block-of-five law and argue its contention there. The fact that the reservation was included by the Gov- ernment in the order signed by Judge Goddard yesterday would indicate that the Department of Justice may inter- vene in the St. Paul cases. Minn. Allied Leader Files Some Run Complaint Bennie Berger, Northwest Allied leader, has filed a some run complaint against Paramount at the Minne- apolis arbitration board, charging in- ability to obtain . a run of the com- pany's product under Section six of the decree for his Lyceum Theatre at Duluth, Minn., the American Arbi- tration Association headquarters here was advised yesterday. Northwest Allied was the sponsor of the Minnesota anti-block-of-five law, under which the consenting com- panies were unable to sell in Minne- sota without violating the decree. The arbitration action was filed prior to Paramount's application to the Fed- eral court here for a release from the sales provisions of the decree to per- mit it to sell in Minnesota. Filing of the arbitration action is regarded as having been a test move to determine whether either arbitra- tion or Section six of the decree, which directs distributors to offer some run to exhibitors, offer any relief in the face of the state law. In the meantime, however, Paramount re- ceived its exemption from the decree and now is free to sell in Minnesota under the state law. Rockefeller, Odium See No RKO Change (Continued from page 1) RKO stockholder. In his Govern- ment post, Odium is chief of OPM contract distribution. Rockefeller's position was learned from an unimpeachable source. The Coordinator of Cultural Relations Be- tween American Republics, he is cog- nizant of the persistent rumors involv- ing Schaefer and looked into them when he visited the West Coast re- cently. Rockefeller Center, Inc., which Rockefeller heads, is one of the three biggest stockholders in RKO. Rockefeller forsees absolutely no change in the RKO presidency and he is reported to regret that the recurrent reports may be "hamstringing" Schae- fer. Open Theatre in Rio Loew's new Cine Metro Copacabana Theatre in Rio de Janeiro will be opened today, it was announced here yesterday. Seating 1,800, the house is similar to the circuit's recently erected Metro Tijuca in Rio. (Continued from page 1) York theatres, and James E. Costen, Warner theatre zone manager in Chi- cago, were the first rebuttal witnesses and both told of new threats by Bioff in 1935 and closely linked Browne to the alleged activities of his co-de- fendant. Moskowitz told of having an ap- pointment with Browne late in the Summer of 1935 but finding Bioff and Nick Dean in the hotel room instead. "He told me he was responsible for Browne's election," Moskowitz said. "He said he had been told that there would be a couple of million in it for him. I started to leave but he pushed me back to my chair. He told me he expected this money and was going to get it." Demands $150,000 About a week or 10 days later, Mos- kowitz continued, he met with Browne and Major Leslie E. Thompson, RKO theatre executive, to ask Browne's aid in avoiding a Local 306 strike. "Browne said we would have to pay him $150,000 before he would inject himself into the situation," Mos- kowitz related. After several meetings, a method was suggested for the payments whereby Loew's agreed to pay the money to Mort Singer, circuit opera- tor, and the latter would pay it over to Browne. "It's a deal," said Browne, Moskowitz testified. Loew's paid $105,000 as its share, plus income taxes for Singer and $2,000 for rail- road fares, making $165,000 in all, Moskowitz said. In 1937, Browne made a further de- mand, declaring that it would cost Loew's $100,000 to stop "sabotage" by operators, Moskowitz said. He de- scribed the "sabotage" as showing pic- tures without sound, sound without pictures, playing reels out of order and showing the picture upside down. Moskowitz said he agreed, and paid $25,000 in currency to Browne at Dinty Moore's restaurant in October. 1937, and $15,000 in April, 1938. Mos- kowitz denied asking Bioff to act as messenger, and declared that all pay- ments were made because of threats to close the Loew theatres. Cross-exami- nation by Martin Conboy, Browne's attorney, was brief. "Did you ask Mr. Browne for assistance?" was the ques- tion. "Yes," responded Moskowitz. Costen Meets 'Berger' Costen told of meeting Bioff for the first time in 1928 when he was intro- duced by Browne as "Willie Berger." The next meeting was in February, 1935, Costen said, when Bioff told Costen that money had been paid for the elimination of extra operators in Chicago and that if these men were to be reinstated Warners would be com- pelled to pay a good deal more money. A week later, Costen continued, Bioff called him again and declared that the Chicago Exhibitors' Association would have to pay $100,000 of which War- ners would have to pay $30,000. Browne was present at both occasions, Costen testified. When Costen de- clared that his superiors would enter into such a deal, it was arranged for Browne and Bioff to accompany Cos- ten to New York, Costen said. Upon their return to Chicago, Cos- ten continued, he called on Bioff and told him that the money would be sent to Chaplin & Cutler, Warner Chicago attorneys, and a $30,000 check was subsequently sent to the firm. Costen then told of a subsequent demand in May, 1936, for $11,000, and of giv- ing Bioff $8,500. In September, 1936, Bioff was paid approximately $14,000, Costen said, and after Bioff left for California, Costen paid Nick Dean $9,600 in the Fall of 1938 and another payment was made in December, 1940. "Too Big" When Bioff was recalled to Chicago on the 1922 pander charges, Costen continued, the defendant boasted that he was "too big a figure" to go to jail and added that "Joe Schenck will be right next to me" if he, Bioff were jailed. Later, Costen added, Bioff said that other big men had gone to jail, including Josef Stalin and Adolf Hitler. Several days after this meet- ing, Bioff telephoned and became abus- ive in demanding further payments, Costen said, and $9,600 was paid over in cash at the Bismarck Hotel. Cross- examination of Costen will be begun tomorrow when the trial will be re- sumed. Bioff's attorneys said that some short testimony may be introduced to- morrow, although they have rested their case formally. Charles T. Rus- sell, income tax consultant, who was the first witness yesterday, said he had received $31,180 from the IATSE special assessment fund, although most of his activities had been on be- half of Browne, Bioff and Harry Holmden, an IATSE vice-president. Transfers Stock Jack Rabin, a stock broker con- nected with Mervin Ash & Co., testi- fied that in October, 1937, his firm had transferred $202,837 worth of stock from the account of Joseph M. Schenck to Murray W. Garrson, a Congressional committee investigator, and J. M. Moskowitz. Rabin said that the transfer was made because of an error by the California office of the firm. Rabin did not have the Cali- fornia records with him and will be recalled tomorrow. Rabin was fol- lowed by a series of Bioff's friends and relatives who testified that Bioff was known in his youth as Morris. The defense introduced a check by Schenck to a travel agency in the sum of $1,405 which paid for Bioff's trip to Rio de Janeiro in February, 1938. By stipulation, the testimony of Joseph H. Rosenberg, a vice-president of the Bank of America, was introduced by a deposition. Rosenberg stated that Schenck had borrowed $100,000 on an unsecured note on June 18, 1937 and that five days later, Schenck came to the bank with $100,000 in cash and had repaid it. The testimony of John B. Codd, 20th Century-Fox controller, was sim- ilarly introduced. Codd said the $100,- 000 borrowed on June 17 or 18, had been transferred to New York, and that on June 21, 1937, Nicholas M. Shenck. president of Loew's, under a power of attorney from Joseph M. Schenck, paid $135,956 to the United Artists Theatre Circuit, Inc., for rights in life insurance policies on Joseph M. Schenck's life. Codd also told of drawing papers for the loan by Joseph M. Schenck through Arthur W. Stebbins to Bioff. (Continued from page 1) on "How Green Was My Valley :j the Rivoli, where the film is doin | unusually good business, grossing! proximately $28,000 in five days. | film opened on Tuesday night an< j entire proceeds were turned o^ia the Naval Relief Society, that* I ning. "Nothing But the Truth" is I too. With the Andrews Sisters 1 Jimmy Long's Orchestra on the s I this film at the Paramount The I over Saturday and Sunday, grosse I estimated $28,000. It is now ill second week, and it is expected J it will gross about $58,000 fori seven days. "Dumbo," the new Walt Di;l RKO picture, is also doing ni 1 grossing about $10,000 over Satul and Sunday. The night busine 1 reported comparatively weaker I the matinee trade, but altogether, .1 good. At the Radio City Music '. I "You'll Never Get Rich" in its se'l week, grossed about $55,000 J Thursday through Sunday, whic-l not far behind the first week's .1 lar period. It is to be followe< i Thursday by Universal's "App t ment for Love." 'Sgt. York' Good "Sergeant York" and Phil Spita ji orchestra had a good Friday- Su i; weekend estimated at $20,000. 1 show is now in its third week * starts a fourth Friday. "Belle S'ir' at the Roxy with a stage .4« grossed an estimated $26,000 Tl I day through Sunday and bows ji Thursday night to make way fl "Weekend in Havana." "Target for Tonight" brought it Globe an estimated $2,200 Satu i> and Sunday. The picture is it ■ third week. "Honky Tonk" enl five-week run at the Capitol to :r row night and will be replacec )> "Ladies in Retirement." The ie- miere of Edward Small's "Intel tional Lady," originally schedulec I today, has been postponed to \' Alonday at the Criterion. In following the usual procei 1 some first runs will have electior e turns announced from the stage at a ular intervals. These will be hi Paramount, which also will flasr e turns on the screen between picl 4i when "something substantial" cc I in ; the Roxy, which also will ha [ ; bulletin board in the lobby ; the St k and the Capitol. The Music Hall il have a radio in the lounge for ti who would care to listen in. $8,000,000 Para. Bonds Exchang ( Approximately $8,000,000 of P I mount's 3% per cent convertible den tures, or about three-fourths of I entire issue outstanding, have Is offered to date in exchange for I company's new four per cent bi ji of 1956, Stanton Griffis, chairman the executive committee, annou {« yesterday. The company expects that subs I tially all of the old bonds will be {■ changed for the new prioj; to t Monday evening, the expiration 1 of the offer. *djy, November 4, 1941 Motion Picture Daily 5 et Up New Studio Union Organization Chicago Exhibitori Files Trust Action Hollywood. Nov. 3. — The Con- tnce of Studio Unions, to which all IF. of L. locals having complete au- •omy and including the 10 IATSE |ls, will be eligible to become mem- (s, was formed here today. (The purpose of the conference, ac- ding to its constitution, is "to unite ti' in picture unions for the protec- of the automany and democracy «ach" and "to advance through joint isultation and action the economic I Hare of motion oicture unions and ir members." The constitution also provides that i-mbers of all unions belonging to the inference must respect the picket les established by other member iions in the event of a strike under .nalty of expulsion. Each local will ve three representatives on the con- rence board. Moving Picture Paint- Local 644 has formally approved ■e by-laws and constitution of the •nferencc. This is the third attempt since 1937 form an inter-union organization bv •jllywood locals. lajors Get 7 Million )f British Currency (Continued from page 1) ias received less than it is entitled to l the original division of the first layment of unfrozen funds. 1 The total sum released and remitted Represents one quarter of the funds the , ompanies had blocked in England. l\nother 25 per cent will be released jo them April 1, next, completing the -release of half of their frozen monies ■is provided for in the new agreement. The approximate division of the re- eased money, subject to later audit and adjustment out of the $1,000,000 "evolving fund, is as follows : Loew's, $2,000,000; 20th Centurv-Fox, $1,400,- ;00i>; Paramount. $920,000; Universal $800,000; United Artists, $750,000; RKO. $485,000; Columbia, $265,000. and Warners, $250,000. ! In addition, the companies will re- ceive $5,000,000 per quarter during the pn.-uing 12 months out of future British earnings unde- the new agreement. Edington Contract With RKO Settled Hollywood, Nov. 3. — A settlement of Harry Edington's two-year contract with RKO, which had but two months more to run, has been effected. Edington, who first was made execu- tive producer, then producer at RKO, withdrew from the company imme- diately following the settlement. No announcement of his future plans was made. Shift Exchange Men Des Moines, Nov. 13. — Paul Leatherby, booker at the RKO ex- change here, has been promoted to booker at Indianapolis, and Robert Leach, head of the shipping depart- ment, has been promoted to booker here. Irwin Godwin, assistant shipper, is now head of the shipping depart- ment with Mehvin Wiese as assistant. Chicago, Nov. 3. — Thomas A. Mur- ray, former owner of the Thalia here, has filed an anti-trust suit against dis- tribution and theatre companies for $1,000,000 damages in the U. S. Dis- trict court here. The action charges that the de- fendants conspired over a period of years to prevent the booking of first run films by the Thalia with the re- sult that the house eventually was forced to close. The action alleges that the competing Milo Theatre was given booking advantages formerly enjoyed by the Thalia. Named in the suit are the Balaban &: Katz Mid City Theatres, Inc., Para- mount Pictures, Inc., Paramount Film Distributing Corp. ; Barney Balaban ; Morris G. Leonard ; Louis Rein- Milo Theatre Corp. ; John L. Frank L. Reif ; Van A. No- mikos ; Loew's, Inc. ; Metro-Goldwyn- Mayer Distributing Corp., 20th Cen- ury Fox Film Corp., United Artists Corporation ; Warner Bros. Pictures, Inc.; Vitagraph, Inc.; First National Pictures, Inc. ; Universal Pictures, Inc.. ; Universal Film Exchanges, Inc. ; Columbia Pictures Corp. ; Re- public Pictures Corp. ; Monogram Pictures, Inc. ; Monogram Pictures. Inc. of Illinois ; Henri Ellman ; Cap- itol Film Exchange, Inc. ; RKO Radio Pictures, Inc., and Publix Great States Theatres, Inc. heimer : Manta ; Silver Heads WB Pittsburgh Zone (Continued from page 1) tion and publicity, and Harry Fein- stein, his assistant, was placed in charge of booking and buying. Silver, according to the Interna- tional Motion Picture Almanac, be- came associated with the industry as bookkeeper with the Moe Mark inter- ests in New England in 1915 and was general manager of the New England Theatres in 1927. In that year, he became general manager of the Stan- ley-Mark-Strand Corp., and when that company merged with the Stan- ley Co. of America, became genera manager of the merged company. When Warners acquired the Stanley Co. of America, he was assistant to Spyros Skouras. In 1932, Silver was assistant manager in New York to Joseph Bernhard. With Warners' decentralization plan. Silver took over the N. Y. State division of Warner Theatres with headquarters in Albany. UA Realigns China Sales Organization Alfred Katz has been named Shang- hai branch manager for United Art- ists, Harry Odell will be manager in Hongkong, and Genady Fryberg man- ager in Tientsin, all under the super- vision of Morey Marcus, newly ap- pointed U.A. general manager in China. The Marcus appointment com- pletes the realignment by Walter Gould, U.A. foreign manager, of the China territory. Marcus, formerly Far Eastern man- ager for M-G-M, succeeds Joseph Goltz, who arrived recently for a va- cation, and will be given another as- signment. Marcus, who will leave shortly via Clipper, will make his headquarters in Shanghai. Londoners Attend Films on Sundays London, Nov. 3. — More people in London go to the films on Sunday than did be- fore the war, according to the findings of the London Coun- ty Council, which used the figure to answer exhibitor re- quests that the Sunday film tax be lowered. 5-Blocks Topic at Texas Allied Meet Dallas, Nov. 3. — The block-of-five selling procedure under the consent decree will be the chief subject of dis- cussion at the annual convention of Allied Theatres of Texas, which will be held at the Adolphus Hotel here to- morrow and Wednesday. Col. H. A. Cole, president of the unit and also president of national Al- lied, will preside at the meeting. Cole declared here today that he believes .he five-block sales method is unpopu- lar with exhibitors, but prefers to give it a six-months' trial before ex- pressing an opinion. The convention also is expected to hold a discussion of the theatre oper- ating overhead in relation to film costs to the exhibitor. The consent decree and arbitration also are expected to come up for discussion. Young Succeeds Busch Hollywood Nov. 3. — Collier Young, who resigned recently as story head at RKO, has been named story editor for Samuel Goldwyn. 'York' Takes Good $9,500, Seattle's Best Seattle, Nov. 3. — "Sergeant York" at the Orpheum was the best grosser of the week, taking $9,500 at slightly increased price. Other first runs were below recent weeks. The weather was mild and clear. Estimated receipts for the week ending Oct. 24 : "Nothing But the Truth" (Para.) "Henry Aldrich for President" (Para.) BLUE MOUSE— (950) (30c-40c-5Sc-65c) 7 days, 3rd week. Moved from Paramount. Gross: $3,700. (Average, $4,000) "A Yank in the R.A.F." (20th-Fox) FIFTH AVENUE— (2,500) (30c-40c-58c- 65c) 7 days, 2nd week. Gross: $6,500. (Average. $7,000) "Citizen Kane" (RKO) LIBERTY — (1,800) (30c-40c-50c-65c) 5 days, 2nd week. Gross: $3,900. (Average, $5,000) "Major Barbara" (U.A.) MUSIC BOX— (950) (30c-40c-58c-65c) 7 days. Gross: $3,200. (Average, $4,000) "Sergeant York" (W.B.) ORPHEUM — (2,450) (30c-40c-58c-65c) 7 days. Gross: $9,500. (Average, $6,000) "Law of the Tropics" (W.B.) PALOMAR— (1,500) (20c-30c-40c) 7 days. Stage: Vaudeville. Gross: $4,900. (Aver- age. $5,000) "Father Takes a Wife" (RKO) "Parachute Battalion" (RKO) PARAMOUNT — (3,050) (30c-40c-58c) 7 days. Gross: $5,300. (Average, $6,000) MacEwan Now Producer Hollywood, Nov. 3. — Walter Mac- Ewan, assistant to Hal B. Wallis, executive producer at Warners, has been named associate producer, with Paul Nathan, formerly MacEwan's assistant, becoming aide to Wallis. DOWN MEXICO1 WAY 6 Motion Picture Daily Tuesday, November 4 Ten New Films Finished; 39 Now in Work Hollywood, Nov. 3.— Thirty-nine pictures were before the cameras this week, as 10 were finished and 10 started. Thirty are being prepared, and 79 are being edited. The tally by studio : Columbia Finished : "The Lady is Willing." Started: "The Devil's Trail," "Ellery Queen No. 5." M-G-M Finished : "Johnny Eager," "Woman of the Year." In Work : "Joe Smith, American," "China Caravan," "Born to Sing," "Mr. and Mrs. North," "I Married an Angel," "We Were Dancing." Monogram Finished: "Borrowed Hero." In Work : "Riot Squad." Started: "Lone Star Law Men," "Boy of Mine." Paramount In Work : "Dr. Broadway," "The Fleet's In," "The Girl Has Plans" (formerly "The Lady Has Plans"). Started: "This Gun for Hire," "True to the Army." RKO In Work : "Syncopation," "Mexican Spitfire at Sea," "Sing Your Worries Away," "Joan of Paris," "Valley of the Sun." Started : "The Magnificent Amber- sons." Republic In Work: "Red River Valley," "Lady for a Night," "Mr. District Attorney and the Carter Case." Started: "West of Cimarron." Small Finished: "Twin Beds." / n Work : "Heliotrope Harry." 20th Century-Fox Finished : "Tales of Manhattan," "Remember the Day." In Work : "Song of the Islands," "Roxie Hart," "Blue, White and Per- fect," "On the Sunny Side," "Son of Fury." Universal Finished : "Keep 'Em Flying," "Road Agent." In Work : "The Panama Kid." Started: "Destiny," "'Frisco Lil." Warners Finished: "Wild Bill Hickok Rides." In Work : "Arsenic and Old Lace," "Juke Girl," "Always in My Heart." Vacate Flynn Suit Writ N. Y. Supreme Court Justice Julius Miller has vacated a levy of attach- ment obtained against Constancia de la Mora in connection with the $1,- 000,000 libel suit brought against her, Harcourt Brace & Co., Inc., and Quinn & Boden Co., Inc., by Errol Flynn, actor. Flynn is seeking $1,- 000,000 damages claiming that de la Mora's book, "In Place of Splendor," stated that Flynn had gone to Spain during the civil war as a publicity stunt. Riskin Joins M-G-M Hollywood, Nov. 3. — Everett Ris- kin, who resigned recently as an asso- ciate producer at Columbia, has joined M-G-M as producer. His first assign- ment will be "Merrily We Roll Along." Reviews T Obliging Young Lady" (RKO) Hollyivood, Nov. 3 INY Joan Carroll, as a poor little rich girl fond of putting tacks on chairs for people to sit on, pushing flower pots off window sills and complicating the lives of her adult associates generally, supplies a ma- jority of the numerous laughs generated by this comedy of manners, situations, gags and characters. The film fits into no single category of contemporary product but has a kinship with those early and highly profitable coarse-weaves in which Shirley Temple rose to an all-time peak of box-office magnetism. Adults who surround Miss Carroll in the picture, not explicitly as support but also as entertainers involved in various complications of their own as her making, are Edmond O'Brien, Ruth Warrick, Eve Arden, Robert Smith, Franklin Pangborn, Marjorie Gateson, John Miljan, George Cleveland, Louis Alberni, Jed Prouty and many more. The script casts Miss Carroll as a child of rich parents in process of divorce who compete for her custody. Miss Warrick is seen as a lawyer's secretary who spirits the child away to a mountain resort and is followed by an amorous reporter who poses as the child's father until a reconciliation of the parents is achieved. The others in the cast play a variety of comedy character roles which piece out the humor. Production by Howard Benedict and direction by Richard Wallace are for laughs throughout and, on the -basis of a preview, they appeared fairly successful. Running time, 78 minutes. "G."* Roscoe Williams "Miss Polly" (Roach-U.A.) Hollyivood, A7oi>. 3 FOURTH in the Hal Roach series of short length features made ex- pressly for supporting programs on double bills, "Miss Polly" is 44 minutes of riotous clowning, mainly by such veterans as Zasu Pitts, Slim Summerville, and Kathleen Howard, with assistance by Brenda Forbes, Elyse Knox, Dick Clayton, Dink Trout and others. The standouts are Miss Pitts, as the small town spinster who gets ideas of emancipating the youngsters of the town from the prudish reign of the Civic League, and Summerville, as her gardener who specializes in inventing devices that work disastrously. Fred Guiol's direction makes the most of the opportunities afforded by the script, which leads to a clambering climax. There is no smoothed finish, which may be the subject of patrons' comments. The content, otherwise, is adeptly handled. The story has the spinster, striving to aid the elopment of the daughter of the town's civic leader, finding inspiration for the deed in a bottle of old wine. Running time, 44 minutes. "G."* Vance King Sf"G" denotes general classification. District Heads of Para, Meet Nov. 21 Barney Balaban, Paramount presi- dent, will head the contingent of home office executives who will attend the meeting of the company's district man- agers at the Drakp Hotel, Chicago, Nov. 21 and 22. Neil Agnew, vice- president and general sales manager, will preside. The company will hold the first trade screening of "Louisiana Pur- chase" at the Esquire Theatre, Chi- cago, Nov. 21, in conjunction with the meeting. It will be trade shown in all other exchange cities a week later. Nessell Supervises Coast Inland Circuit Chicago, Nov. 3.— P. J. Dee, presi- dent of the Alliance Theatre Corp., and S. J. Gregory, vice-president and general manager, have returned here following a stay of several weeks in Washington State where they acquired the Inland circuit of 10 theatres from Frederick Mercy, Sr. Ferd Nessell has been transferred from manager of the State, Anderson, Ind., to Walla Walla to supervise the circuit. Film Library Starts New Historical Cycle The Museum of Modern Art Film Library on Saturday began the pres- entation of the second half of its "Cy- cle of 300 Films," highlighting the history and development of the mo- tion picture from 1895 to 1940. The first half, which began last Tune 30, was completed last week. The entire series includes 107 pro- grams. The second half is made up of 45 programs and will continue through January. The programs are shown daily, and twice on Sundays. The programs later will circulate among other museums, colleges, schools and study groups. Pressburger Here To Prepare New Film _ Arnold Pressburger's next produc- tion for United Artists release will be "Vitamin for Love," he said on his arrival from the Coast yesterday. The film, a comedy by Frederick Kohner and Joe May, will be directed by Joseph von Sternberg and is expected to start in February. He is here to work on preparations for the new film. Short Subje Reviews ; "The J ell-Tale Heart" (M-G-M) REMINISCENT of the s ' films in its paucity of speech ' in letting the action largely speak itself, "A Tell-Tale Heart" is a ' , ferent" kind of short. In poinj compression, Jules Dassin, the dl | tor, has skillfully translated a s ; story to the screen in literal f< I From a viewpoint of entertainn discriminating audiences will p ably be more impressed than the j i eral. The story is Edgar Allen P famous study of the psychological : actions of a murderer. Action, spe silences and sound effects in comb tion develop the story and sustai definite mood. Joseph Schildkrau the taunted servant, Roman Bol the brutal master whom he mure )k The novelty of the film and the na !1 of the author and leading actors t| merchandising assets. Running t 20 mins. Release, Oct. 25, 1941. "The Candy Kid" (Stranger Than Fiction, No. 98 ( Universal ) This exceeds the average of | series in interest. The lead sublt is an Evanston, 111., girl who is offi .1 taster for a candy company. Ol r items, each affording a bit of en tainment, are an intricate rocklj chair with 200 compartments, a station proprietor who performs n riages on the side, a Georgia gn yard with wierd headstones, an< I Pennsylvania professor who teat . co-eds and tames lions. Running ti 9 mins. Release, Oct. 27, 1941. "Man's Best Friend" (Walter Lantz Cartune) (Universal) Few chuckles are to be had vfi this, a generally humdrum cart!n lacking sparkle. It concerns Snoo i a hunting dog, and his master, botl i whom are almost exhausted afte a day's expedition, but only the ma: I is able to sleep it off as the dog is disturbed throughout the night. R - ning time, 7 mins. Release, Oct. 1, 1941. "Water Sports" (Sports Parade) ( W arners) This has a spot of burlesque p I vided by comic diver Bil Lewin ;jl a fair amount of entertainment in \i assortment of aquatic demonstrati s by more graceful performers. We I skiing and surf board riding, p usual, also are a part of the subj t matter. Running time, 10 mins. la lease Nov. 1, 1941. "Carioca Serenaders" (Melody Master) (Warners) This is one of the more enjoya musicals dealing in La Conga. Din I Rego, accompanied by Humbe > Herrera and band, handles some tu I ful Latin numbers in a wholly • gaging manner. Settings and cii tumes give it an authentic atmospln j. A choice short. Running time, if mins. Release, Oct. 25, 1941. FAME SCREEN CONCERT RADIO EIGHTH ANNUAL EDITION NOW IN PREPARATION BY THE WORLDWIDE STAFF OF QUIGLEY PUBLICATIONS EDITED BY TERRY RAMSAYE QUIGLEY PUBLICATIONS ROCKEFELLER CENTER, NEW YORK 8 Motion Picture Daily Tuesday, November 4 FCC Not to Delay Chain Regulations Washington, Nov. 3. — The Fed- eral Communications Commission is not considering any postponement of the effective date of its recently issued rules and regulations affecting chain broadcasting, Chairman James L. Fly said today. The new rules, which become effec- tive on Nov. 15, he said will go into effect as ordered regardless of any court action taken by any of the chains. At the same time Fly revealed that the commission intended to complete all phases of its television studies so that the industry could "go full speed ahead," after the present European conflict is over. The television indus- try, he said, should be in an excellent position to step in and take up the un- employment slack which will set in during the post war period. "We want television on the best basis possible," he said, "when the time comes for it to be properly mar- keted." The chairman said that he had been encouraged by the progress of the De- fense Communications Board in meet- ing its various problems, and indicated that the industry had been more than helpful in cooperating with Govern- ment officials. 2 Venezuela Units Join CBS Network Two stations in Maracaibo, Vene- zuela, have joined the CBS Latin American Network, it was announced yesterdav. The total of such affiliates is now 74. The stations are YV1RV, on 1,350 k.c. with 250 watts, and YV1RA, on 4,750 k.c. with 250 watts. Both stations plan to start operations on 1,000 watts as soon as construction and engineering work now under way are completed. Pa. Trust Suit Set For Hearing Nov. 17 Philadelphia, Nov. 3. — The anti- trust suit of Henry Sork and Harry Block, operators of the Rio Theatres upstate in Reading and Schuylkill Haven, has been listed for hearing in U. S. District Court here on Nov. 17. The suit, originally filed on the day the consent decree was handed down, is directed against the major distributors and the Warner and Comerford theatre circuits. Typesetters Strike At Filmack Trailer Chicago, Nov. 3. — Attempts to unionize typesetters at the Filmack trailer offices here resulted in a strike of nine employes today. Picketing is in progress. The workers are members of Chi- cago Typographical Union, No. 16, an independent union which is asking wage increases from $32 to $57 weekly on a sliding scale over two years. Appeal Patent Verdict _ Cincinnati, Nov. 3. — The Hazel- tine Corp., Jersey City, has filed an appeal in the Sixth U. S. Circuit Court of Appeals here from the decree of U. S. District Judge John H. Druffel, who on Aug. 8 last held that the Cros- ley Corp., had not infringed either of two patents of the plaintiff company. Film Critics Elect Mishkin President The New York Film Critics in ses- sion at the Artists and Writers Club yesterday elected Leo Miskin of the Morning Telegraph president of the organization, to succeed Bosley Crow- ther of the Times. Herbert Cohn of the Brooklyn Eagle was reelected secretary, while two new members were admitted, Louis Levitas of PM and Milton Meltzer of the Daily Worker. The meeting set Jan. 4 for the critics' annual cocktail party at which a plaque and scroll will be presented to the producer and director of the film which they vote the year's best. Krasna Play Opens At Belasco Tonight "The Man With Blond Hair," a melodrama by Nor- man Krasna, opens tonight at the Belasco with Eleanor Lynn, Rex Williams, Curt Conway, Alfred Ryder, Coby Ruskin, Robert Williams and others in the cast. Frank Ross is producer of the play, which Krasna staged. Legion Approves 15 of 18 New Films The National Legion of Decency has approved 15 of 18 new films, classifying seven as unobjectionable for general patronage and eight as un- objectionable for adults. The remain- ing three were found objectionable in part. The pictures and their classifi- cation follow : Class A-l, Unobjectionable for Gen- eral Patronage — "Arizona Cyclone," "Gentleman from Dixie," "The Stork Pays Off," "Target for Tonight," 'Three Cockeyed Sailors," "Tonto Basin Outlaws," "Top Sergeant Mul- ligan." Class A-2, Unobjectionable for Adults — "Jungle Man," "The Miracle Kid," "Moon Over Her Shoulder," "Public Enemies," "Sha- dow of the Thin Man," "Sundown," "South of Tahiti," "You Belonsr to Me." Class B, Objectionable in Part —"Blues in the Night," "Three Girls About Town," "Unholy Partners." Carolina Meet Is Delayed to Jan. 18 Charlotte, N. C, Nov. 3. — The Theatre Owners of North and South Carolina has changed the annual con- vention dates from Dec. 7 and 8 to Jan. 18-19, according to Mrs. Walter Griffith, secretary. Mrs. Griffith says the dates were changed because of conflict with other meetings in De- cember. Thomson Resigns Film Society Post Hollywood, Nov. 3. — Kenneth Thomson has resigned as executive secretary of the Motion Picture So- ciety for the Americas, to be effective as soon as a successor is selected. Thomson declared he is withdrawing in order to devote all his time to his post as executive secretary of the Screen Actors Guild. RKO Group Delayed; Due on Coast Today Hollywood, Nov. 3. — Its plane grounded by inclement weather at Cheyenne, Wyo., the RKO executive party consisting of Ned Depinet, Charles W. Koerner, Terry Turner and S. Barret McCormick is scheduled to arrive here tomorrow by train. Increases FM Power Milwaukee, Nov. 3.— The FCC has authorized W55M, the Milwaukee Journal's FM station, to increase its power from 1,000 to 3,000 watts. The station will remain on three kilowatts until its new 50,000-watt transmitter at Richfield, Wis., is completed. Minnesota Circuit Personnel Shifted Minneapolis, Nov. 3. — A number of changes have been made by John J. Friedl, president of Minnesota Amusement Co. They include : Frank Sohner, from treasurer, State the- atre, Minneopilis, to assistant manager, Paramount, St. Paul; Howell Kadrie, as- sistant manager, St. Paul Paramount, to manager, Grand Forks, N. D., Paramount; Cecil Thornton, from Uptown, Minneapolis staff, to assistant manager, Minneapolis Rialto; Bud Schmid, from assistant man- ager, Rialto, to assistant manager, Uptown; Robert James, from assistant manager, Uptown, to assistant manager, Minne- apolis Century. Donald Palmquist, from assistant man- ager, Century, to manager, Duluth Strand; J. M. Ames, from Sioux Falls, S. D., State, to assistant manager, St. Paul Strand; William Laird, from assistant manager, Urban, Mankato. Minn., to manager, Man- kato Time; William Thompson, from as- sistant manager, Grand Forks Paramount, to manager. Rochester, Minn., Empress; Woodrow Praught, from manager, St. Cloud. Minn., Eastman, to manager, Eau Claire, Wis., O'Klare. Len Fried, from manager Eau Claire O'Klare, to manager Huron, S. D.; James Eshelman, from manager Huron to man- ager, St. Paul Paramount; Walter Van Camp, from manager, St. Paul Paramount, to manager, St. Paul Centre; George Aurelius, from manager, St. Paul Centre, to Tucson, Ariz.; Earl Long, from man- ager, Duluth, Minn., Garrick, to manager, Duluth Norshor; Dan Hudson, from man ager Duluth Strand, to manager Duluth Garrick; Everett Olsen. from manager, Fargo, N. D., State, to manager, Duluth Lyric; Louis Peldo, from manager Grand Forks Paramount, to manager Fargo State. t Stock Participatkj Extended by Mutuj Stock ownership in Mutual been extended, it was announce* W. E. Macfarlane, president, to additional stock to six companies, bringing their participation up tc equal of the three original stcj holders. The six whose stock holdings v? increased includes : Baltimore Rz Show, Inc., WFBR, Baltimore; i cinnati Times Star Co., WKRC, C- cinnati ; Colonial Network of 1 England ; Pennsylvania Broadcas Co., Inc., WIP, Philadelphia; Un Broadcasting Co., WHK-WC1 Cleveland, and WHKC, Columl O., and WCAE, Inc., WCAE, Pi burgh. The three original stockh< ers are Bamberger Broadcasting J vice, Inc., WOR ; Don Lee Broada ! ing System of California, and WC! Inc., WGN, Chicago. The latest move further extends stock participation move initiated Mutual in September, 1940. Crescent Leases Warner Building Nashville, Nov. 3. — Crescent Amusement Co. today leased the 12- story Warner office building here from Warner Bros. Pictures, Inc., at $25,000 annually for 10 years, with an agree- ment calling for the construction of a theatre adjacent to the building as soon as conditions make construction materials available. The lease includes an option permit- ting Crescent to buy the property at any time prior to nine months before the lease expires on Oct. 31, 1951. In its current anti-trust suit against Cres- cent, the Government seeks to have the court supervise future acquisitions by the circuit outside of Nashville, but Crescent's local operations are ex- cluded from the Government's aims. Dale Named NBC Information Het Albert E. Dale, former polit writer and managing editor, named director of the NBC deps ment of information yesterday, announcement was made by N Trammell, president, and it was plained that Frank E. Mason will c tinue as vice-president on leave charge of the department. Mason active in U. S. Navy radio publicit} After serving various New Yi papers as legislative correspondent ; political reporter, Dale joined Hearst organization in 1929 and ser as editor of Detroit Times, Wiscon News, Pittsburgh Sun Telegraph Chicago Evening American. In 19 Dale was Sund-~ editor and manag editor of the Washington Times H aid, and in 1940 became director public relations for the Greater Nf York Fund. Crosley 9-Month Profit Is $980,368 Cincinnati, Nov. 3. — The Crosley Corp., operating WLW, WSAI and international short wave station WLWO, and manufacturing radio re- ceiving sets and other electrical ap- pliances, reports a net profit of $980,- 368 for the first nine months of this year, ending Sept. 30, after a charge of $300,000 in normal Federal income tax, compared with a net loss of $500,910 for the like period of 1940. Net profit for three months of this year, ending Sept. 30, was $181,733. Torres Begins New Infringement Su Hollywood, Nov. 3. — Miguel Torres, Mexican film producer, fi' another $1,000,000 Federal Co' plagarism action against Warners day charging that "Juarez" infrinj' on his "Maximilana y Carlotta" ff made in Mexico and later made ; English in the U. S. In this s« Torres included as co-plaintiffs named IATSE members who, said, had wage interests in his Engl version. Torres said $1,200 in salar. remains unpaid as a result of the leged infringement. Phila. Party Thursday Philadelphia, Nov. 3. — More th 1,500 are expected to attend a meeti1 at the Broadwood Hotel here Thu' day evening at which the Projection! and Theatrical Square Club of N(i York, Masonic order, will be gue1 of the Golden Slipper Square Club this city. A special train .will bri the members of the theatrical prof' sion from New York. 'Village* Appeal Set The New York State Board of P gents on— Nov. 12 will hear the appi, from the censor board ban of the fil "The Forgotten Village." thei^tion cture dustry MOTION PICTURE DAILY First in L 50. NO. 90 NEW YORK, U.S.A., WEDNESDAY, NOVEMBER 5, 1941 TEN CENTS ritish K.R.S. ote Against Flat Rent Ban ject Plan as Contrary To Group's Policy o.NDON, Nov. 4. — The Kinemato- ph Renters Society (distributors) decided following a discussion not ote a resolution committing mem- to book only on percentage. The u>sion arose following complaints certain distributors were per- $ng exhibitors to book on a flat basis. he great majority of KRS mem- operate under a verbal agree- nt not to book on flat rental, but le do. It was the concensus of nion that it would be contrary to MS policy to commit members to a id ruling on trading terms. The organization also decided not iaccept the Army Council invitation appoint members to work with Paul mberley, newly appointed director (Continued on page 4) tai rge Television Aid •y U.S. for Defense The appointment of a special Gov- nment television committee, perhaps ider the auspices of the FCC, to aid e television industry' in its work for itiunal defense, was urged at a con- rence yesterday at the office of Nor- .an D. Waters, attended by television dustry representatives. Such a committee as is recom- iended would be non-partisan and on-political, having no connection ith commercial television, and would (Continued on page 8) Skouras, Agnew to Milwaukee on Deal Neil F. Agnew, Paramount sales head, left for Milwaukee yesterday with Spyros Skou- ras, head of National The- atres, to discuss a newr season product deal for Fox Wiscon- sin Theatres. It marks the resumption of negotiations between Paramount and a National unit since Agnew announced last week that Paramount had been unable to get together on terms with Fox West Coast and sub- sidiaries and planned to sell awav. Complaint Filed by N.J. Theatre Local Board's 27th Case The New York arbitration board's 27th complaint was filed yesterday by Strand Theatre Operating Co., Plain- field, N. J., against all five consenting companies. The complaint names the Para- mount, Loew's, Branford and Proc- tor's Palace, all in Newark, as inter- ested parties and asserts that the 14 days' clearance which they are given over the Strand, in Plainfield, is un- reasonable. The complainant seeks an award either eliminating the existing clearance or reducing it to one day after the Newark first runs. Sets New Clearance In Award at Dallas Dallas, Nov. 4. — S. .1. Hay, arbi- trator, ruled in a decision handed down at the local arbitration board, (Continued on page 4) Examine Coston as Bioff Trial Resumes James E. Coston, Warner zone manager in Chicago, who testified that William Bioff demanded payments from Chicago theatre operators after the death of Tom Maloy in 1935, will face cross-examination by defense counsel when the trial of Bioff and George E. Browne is resumed in Federal Court this morning. The time consumed by the Govern- ment in rebuttal evidence will depend, in large measure, on the length of the cross-examination. In courtroom circles, it was said that there is a possibility of the evidence being com- pleted this week. WB, Para. Houses At Odds on (York' It is reported in authorita- tive trade circles that War- ner Bros, and Paramount's theatre partners are at an impasse over terms for "Ser- geant York." RKO, in the meantime, has purchased the film for showing in all of its metropolitan New York the- atres, beginning Nov. 20, Thanksgiving Day. RKO has agreed to raise the box-office scales to 40 cents, matinees and 55 cents at night, to play the picture single, and give it minimum playing time of sev- en days, Warners announce. 4U' Sales Meet in Chicago Saturday, New York on Nov. 14 William A. Scully, vice-president and general sales manager of Uni- versal, has called a special sales meet- ing of the company's Western district and branch managers for the Black- >tone Hotel, Chicago, Saturday and Sunday. A similar meeting for the Eastern forces will be held here Nov. 14-16. Scully said the meetings are to ac- quaint the sales force with the qual- ity of new product and properties ac- quired since the program was orig- inally announced earlier in the year. Nate J. Blumberg, president, will head a home office group including : Matthew Fox, J. J. O'Connor, E. T. Gomersall, Fred Meyers, F. J. A. (Continued on page 4) Metro's Exhibitor Forum In Columbus on Nov. 25 M-G-M will hold its first exhibitor forum at the Deshler-Wallick Hotel, Columbus, O., Nov. 25, immediately preceding the annual convention of the ITO of Ohio, which opens the fol- lowing day at the same hotel. The invitations are going out to all exhibitors in the Indianapolis. Cleve- land and Cincinnati territories. The purpose of the meeting is to discuss ways of increasing theatre patronage. The meeting will feature William A. Greene of the Bureau of Advertis- ing of the American Newspaper Pub- lishers Association, speaking on "Good Newspaper Advertising." Gov. John W. Bricker of Ohio is expected to welcome the delegates. William R. Ferguson, Metro exploitation mana- ger, will talk on "Exploitation Ideas That Work," while members of his staff will display the company's ex- hibitor aids. Exhibitor spokesmen scheduled to lead the planned round-table discussion will be Edward Salzberg of Bluefield, W. Va., and Martin Smith of Toledo, O. Representing the Metro sales de- partment will be E. K. O'Shea, Cen- tral division manager ; J. J. Maloney and H. P. Wolfberg, district mana- gers, and E. M. Booth, Cincinnati, and F. D. Drew, Cleveland, branch mana- ger. H. M. Richey, in charge of exhibitor relations, will conduct the meeting. Estimate 'U' Net for Year At $4,000,000 Compares to $2,390,772 Profit Last Year Wall Street sources estimate Universal's earnings for the fiscal year ended Nov. 1 at approximately $4,000,000, before Federal income and excess profits taxes. The result is believed to be one of the best in the company's history. It compares with net profit of $2,390,772 last year, after Federal taxes, and profit of $1,153,321 for the fiscal year ended Oct. 28, 1939. For the fiscal year ended Oct. 29, 1938, which was the first report fol- lowing the inception of the company's present management headed by Nate J. Blumberg, president, Universal re- ported a loss of $591,178, and for the two preceding fiscal years the com- pany's loss amounted to almost $3,000,000. The $4,000,000 earnings estimate for (Continued on page 4) U.S. Studies Data For Schine Trial Department of Justice representa- tives headed by Seymour Simon, as- sistant U. S. Attorney General, have begun an inspection of majors' home office records, it is reported, for data on trial of the Government's pending anti-trust suit against the Schine The- atres. Although Columbia, Universal and United Artists are the only distribu- tor defendants in the case, the Depart- ment officials are extending their ex- amination of data to the other major companies' files also. The Government anticipates the setting of a trial date for the Schine suit for early January in U. S. Dis- trict court at Buffalo. Paramount Names Third Block of Five Neil Agnew, Paramount sales head, yesterday announced the company's third block of five films for the new season. Screenings will take place at the exchanges on Dec. 4 and 5. The films include : "Bahama Pass- age," "Mr. Bug Goes to Town," Fleischer cartoon feature ; "Sulli- van's Travels," "No Hands on the Clock" and "Midnight Angel." Motion Picture Daily Wednesday, November 5, 194) j New Coward Play Will Open Tonight Noel Coward's latest play, "Blithe Spirit," opens tonight at the Morosco. The "im- probable farce," as it is de- scribed, has Clifton Webb, Peggy Wood, Leonora and Mildred Natwick in the fea- tured roles. John C. Wilson produced and staged the show. Copyright Suit Is Filed in Milwaukee Milwaukee, Nov. 4. — Loew's, Inc., has filed suit in Federal District Court here, charging the Pol-Shil Theatre Corp., with copyright viola- tion in showing "Art Gallery" at the Ogden Theatre without authorization. The plaintiff seeks an order restrain- ing the theatre from further alleged copyright violations and an award of not less than $250 damages. Personal Mention Form Theatre Firm Sacramento, Nov. 4. — James E. Bednar of Los Angeles and Louise Hightower, James E. Ludlam, Clay- ton Straub and Harold H. Straight, all of Santa Barbara, have incorpo- rated the State Theatre of Santa Bar- bara. Plans Ottawa Stage Unit Ottawa, Nov. 4. — Judson Bernard, representative here of Paramount News, is putting under contract Boyd Hills' 18-piece orchestra, a choir of 20 girls, a trio and a feminine vocalist, which he plans for a stage unit to play theatres in the Ottawa district. THE CONTINENTAL Lv. 5:05 pm. Thru Mainliner sleeper to Los Angeles. No change of planes. Fly the cool, scenic Main Line Airway. Arrive Los Angeles 9:25 am. Three additional day- light and sleeper flights. ★ Call travel agents, hotels or UNITED AIR LINES Airlines Terminal: 80 E. 42nd St. 649 Fifth Ave. 69 Wall St. Pennsylvania Hotel Phone MU-2-7300 TAMES MULVEY, vice-president *-* and Eastern representative of Samuel Goldwyn, Inc., is expected to leave Doctors Hospital at the end of the week after an appendicitis opera- tion. • Lieut. John Leonard Meakin, son of Hardie Meakin, manager of the RKO Keith in Washington, has been transferred to Arlington Can- tonment as assistant provost marshal of the Washington Provisional Bri- gade. • Howard Dietz left the Coast last night for the M-G-M home office. Arthur A. Lee will leave for Toronto today. RUDOLPH BERGER, M-G-M district manager in Washington, has become a member of the Rotary Club there. He was presented by Carter Barron, zone manager for Loew's. • Harry M. Bessey, secretary-treas- urer of Altec Service Corp., has re- turned from a month's trip through the Midwest and to the Coast. • Leo Bonoff, exhibitor of Saybrook and Madison, Conn., is back at home after a few weeks in Florida. • Al Goldberg, manager of the Lib- erty Theatre, Manhattan, and Ruth Sablotsky were married yesterday. Wisconsin Meeting Hears Plea for Unity Milwaukee, Nov. 4. — Discussions from the floor on insurance re-rating, priorities, the consent decree and the Federal defense tax occupied the major portion of the opening session of the ITPA of Wisconsin and Upper Michigan convention today at the Hotel Schroeder. A call for unity was sounded by J. E. Flynn, Chicago, district manager of M-G-M, who declared : "One of the fascinating things about our business is that it changes so rapidly and it is certainly apparent many changes are taking place in the business today — changes I cannot help but believe are to be for the benefit of everyone. Certainly the attacks from the outside, as witness the smear campaign re- cently in Washington, have had a ten- dency to drive all elements of the in- dustry clpser together. "Thus there is much talk these days of unifying the industry. Strong per- sonalities are striving toward a com- mon objective." Discussion leaders included F. J. McWilliams, A. C. Berkholz, Presi- dent William L. Ainsworth, and Sec- retary Harry Perlewitz. The convention will conclude tomor- row with the election of officers. S. S. Broidy, general sales manager of Monogram, also addressed today's Waxman Appeals Atlantic City Case Philadelphia, Nov. 4. — Harry I. Waxman, Atlantic City exhibitor, to- day filed an appeal in the U. S. Cir- cuit Court of Appeals here in his anti- trust suit against Columbia, Warner Theatres and Weilland Lewis Circuit. The appeal is on the motion for an injunction denied by Federal Judge Guy K. Bard in the U. S. District Court last September. The action in- volves clearance and run on Columbia product in Atlantic City. Waxman's theatres are the Hollywood and Astor there. Seeks 306 Nomination Herman Gelber, recording secretary of Local 306 for more than six years, is a candidate for the nomination as president of the operators' union, op- posing Joseph D. Basson. Texas Allied Talks Decree Operation Dallas, Nov. 4. — An explanation of the operation of the consent decree bv Pete Wood, business manager of the ITO of Ohio, featured the open- ing day's session of the annual con- vention of Allied of Texas at the Adolphus Hotel here today. Following reports by H. A. Cole, president, and A- W. Lilly, treasurer, addresses were made by Arthur Kelly, operating head of United Artists; H. M. Richey, in charge of exhibitor re- lations for M-G-M, and George Dem- bow of National Screen Service. The united effort of every branch of the industry is necessary to achieve profit and security, the convention was told by Richey, who stressed the need for unity and a better understand- ing within the industry. Extra effort by exhibitors is re- quired in the merchandising of films, Richey declared, and in pointing out the value of assistance to small town exhibitors in exploitation, he cited the use of the new "Show Builder" units being placed in operation by M-G-M. Tomorrow's concluding session will feature a round-table discussion on the decree, block-of-five selling and other problems, with the election of officers closing the meeting. Ampa Meet Nov. 13 Devoted to Shorts The Ampa luncheon meeting on Nov. 13 will be devoted to the short subject, and Mrs. Besa Short, organ- izer and head of the short subjects de- partment for the Interstate Circuit, Dallas, will make the chief address. Representatives of the short subject departments of the major companies are arranging the program with Vin- cent Trotta, president of the Ampa. The meeting will be held in the Grand Ballroom of the Hotel Edison. Canada Circuit Pays Dividend of 40 Cents Montreal, Nov. 4. — United Amuse- ment Corp., Ltd., which owns or has an interest in 25 theatres in Montreal and Quebec Province, has declared a dividend of 40 cents per share, pay- able Nov. 29 to stockholders of record Nov. 15. The last dividend was in May, 1939, when 30 cents per share was paid. Outstanding shares number 67,708. Newsreel Parade AIRPLANE disasters, President SI Roosevelt urging greater civilian defense effort, and the Army's seizure of the Bendix, N. J., aircraft plant comprise the more important news items. The Army-Notre Dame game stands out among the football games covered. The midweek reels and them contents follow: MOVIETONE NEWS, No. 17.-Roose- velt proclaims National Defense Week. Army takes over airplane plant in Bendix, N. J. Airplane crashes in Minnesota, Ohio and Ontario. Turkeys in California. R. A. F. and England's King and Queen. American planes in England. Football: Army-Notre Dame, Navy- Pennsylvania, Texas-Southern Methodist. NEWS OF THE DAY, No. 215.— King and Queen with R. A. F. in England. General de Gaulle inspects tanks. Russo- Japanese boundary agreement. Turkeys in California. Peanut festival in Suffolk, Va. Roosevelt urges more defense effort. R. A. F. cadets in California. Army-Notre Dame, Navy-Pennsylvania football. PARAMOUNT NEWS, No. 20. — Army ends Bendix, N. J., aircraft strike. Lind- bergh and "America First" in New York. Roosevelt on national defense. Duke of Windsor in Dearborn, Michigan; the Duch- ess in New York. Air tragedies in Ontario and Minnesota. Doll show in Philadelphia. Peanut festival in Virginia. Chimps in Philadelphia 200 with a rowboat. Notre Dame vs. Army, Stanford vs. Santa Clara. RKO PATHE NEWS, No. 20.-Roosevelt urges defense work. American planes with R. A. F. Student pilots graduate in Cali- fornia. Minnesota and Ontario plane di- sasters. Duke of Gloucester in Gibraltar. Football: Army-Notre Dame, Navy-Penn- sylvania, Minnesota-Northwestern. UNIVERSAL NEWSREEL, No. 29.- Roosevelt calls for more defense effort. Army seizes plane plant in Bendix, N. J. Air crash in Minnesota. R. A. F. cadets graduate in California. Cruiser launched in Camden, N. J. Chimps and rowboat in Philadelphia zoo. Army-Notre Dame, Min- nesota - Northwestern, Harvard- Princeton football. Joins Trans-Lux Board Herbert Scheftel, president of Tele- news Theatres, Inc., newsreel theatre circuit in the Midwest and on the Coast, has been elected to the board of directors of Trans-Lux Corp. Scheftel is a member of the N. Y. Stock Exchange. Associates Meet Today The Motion Picture Associates will hold a luncheon meeting at the Hotel Lincoln today, to complete plans for the annual dinner and dance on Nov. 19. Joseph J. Lee, president, will pre- side today. 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 Buigley Publishing Company, Inc. Other uigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. En- tered as second class matter, Sept, 23, 1938 at the post office at New York, N. Y., under the act of March 3, 1879. Subscrip- tion rates per year $6 in the Americas and $12 foreign. Single copies 10c. MEET YOUR THANKS- GIVING GUESTS! It's easy as PIE to figure WHY- 360 THEATRES will enliven the Thanksgiving holidays with day- and-date engagements. (Act fast! Book it now!) The first'Thin Man1 picture in 2 years and it's brim- ming with box- office! Happy holidays, America! William POWELL • Myrna LOY SHADOW OF the THIN MAN a picnic for your public- a banquet for your box-office! 4 Motion Picture Daily Wednesday, November 5, 194 Estimate 'IT Net for Year At $4,000,000 (Continued from page 1) the 12-month period just ended indi- cates earnings of $1,250,000 before Federal taxes for the final quarter. Universal reported a net of $2,751,- 000 for the first three quarters of the last fiscal year. The company has included in its earnings statements its blocked sterl- ing in Great Britain at prevailing rates of exchange, hence the recent release of 25 per cent of Universal's blocked sterling under the industry's new monetary agreement with the British Treasury, applicable to the report for the last fiscal year, will not affect the annual statement in any way. Foy Joins Hanson Canadian Company Toronto, Nov. 4. — James C. Foy has resigned as general manager of Sovereign Film Distributors, Ltd., to join the new film company of Oscar R. Hanson, who was previously the head of Sovereign, Empire-Universal Films, Sterling Films and other com- panies controlled by N. L. Nathanson. A previous resignation from Sov- ereign was that of George Oullahan, Ontario branch manager, who has joined Hanson. Dewey McCourt and Keith Wilson, theatre managers of Famous Players Canadian Corp., have reseigned as well to take positions with Hanson's Pioneer Films, Ltd., and Foto-Nite Film Distributors, Ltd. KRS Opposed to Flat Rentals Ban (Contimted from page 1) general of the council Film Section. The KRS objected to Kimberley's appointment, on which they were not consulted, and point out that distribu- tor representatives are already active on an existing committee, and that while they are willing to cooperate in supplying films, they see no need of further action. The Cinematograph Exhibitors Association has accepted the invitation to appoint members to serve on Kimberley's committee. Profit Drive Started By Famous Players Toronto, Nov. 4. — Famous Players Canadian Corp. has launched a busi- ness drive, running from Nov. 3 to the end of the year, for theatre staffs, unit managers and home office work- ers, with Canadian Government bonds as prizes. The drive will honor J. J Fitzgibbons, president of the circuit. Based on profits, the competition will be among the five divisions into which the theatres have been divided. Shifts Weekend Prices Chicago, Nov. 4. — The Studio The- atre in the downtown district has ad- justed weekend admission prices. Sunday prices, which were 35 cents until 2 P.M., 40 cents until 6 :30 P.M., and 50 cents thereafter, are now 40 cents until 2 P.M. and 50 cents there- after, all plus tax. Complaint Filed by N.J. Theatre Local Board's 27th Case (Continued from page 1) that the existing clearance of 60 to 120 days in favor of the Glenn and Strand, Overton, Texas, over the Overton Theatre is unreasonable and established the maximum clearance at 14 days. The theatre had asked an award permitting it to play day and date with the Glenn and Strand. The com- plaint named Loew's, RKO, 20th Cen- tury-Fox and Vitagraph. Boston Arbitrator Reduces Clearance Boston, Nov. 4. — The 28-day clear- ance of the Strand and Alhambra, Quincy, Mass., over the Weymouth Theatre, Weymouth, was reduced to 21 days in an arbitration award handed down at the local board. In- volved in the complaint were Loew's, Paramount, 20th Century-Fox and RKO. Complaint Dismissed By Board in Atlanta Atlanta, Nov. 4. — The clearance complaint of the Parkway Theatre, Miami, operated by Aaron H. Cour- shon, which named 16 S. A. Lynch- Paramount theatres in Miami as in- terested parties, has been dismissed by Harold T. Patterson, arbitrator, at the local arbitration board. Patterson ruled that the existing clearance of the Lynch-Paramount houses over the Parkway is not un- reasonable and assessed costs of the case against the complainant. Para- mount, Loew's and Vitagraph were named in the complaint. Courshon's Parkway has a second complaint pend- ing here against 14 Wometco theatres in Miami and 20th Century-Fox, also on clearance. Hearing Starts Today On Baltimore Complaint Washington, Nov. 4. — An arbitra- tion hearing will open here tomorrow on the complaint of the Linden The- atre Co., Baltimore, against Metco Theatres, Inc., and Grand Co., Balti- more, and Paramount, RKO and Vita- graph. The complaint is on clearance and is being handled by James V. Hayes and Robert E. Sher, formerly associated with the Department of Justice in the drafting of the consent decree. Consolidated Film Profit Is $208,758 Consolidated Film Industries, Inc., has reported net profit of $208,758 after taxes for the quarter ended Sept. 30, last, equal to 52 cents per share on the $2 preferred stock. For the nine months ended Sept. 30, the profit was $587,876, equal to $1.47 per share. In the similar quarter of 1940 the net income was $163,497, or 41 cents per preferred share, and in the nine- month period of last year the profit was $538,265, or $1.34 a preferred share. Building Indiana Theatre Huntingburg, Ind., Nov. 4. — A new theatre is being built here for I. R. Murphy, railroad man. There's Gold — Sutter Creek, Calif., Nov. 4 INCREASED activity in the 1 gold mines of this vicinity brought an announcement from Tarn Pierovich that he will reopen the Sutter The- atre here for performances on Sunday, Tuesday and Fri- day. Pierovich also operates the Amador Theatre in Sutter Creek. 4U' Sales Meet in Chicago Saturday (Continued from page 1) McCarthy, B. B. Kreisler, J. J. Jor- don and F. T. Murray. The group will leave for Chicago Friday night by train. In attendance also will be : District Manager J. E. Garrison and branch managers Lou Levy, Des Moines ; Jack Langan, Kansas City ; W. H. Sherman, Omaha, and Harry Hynes, St. Louis. District Manager A. J. O'Keefe and branch managers Sam Milner, Den- ver ; C. J. Feldman, Los Angeles ; R. O. Wilson, Portland; Lon Hoss, San Francisco; C. R. Wade, Salt Lake City, and Foster Blake, Seattle. District Manager P. F. Rosian and branch managers Harry Young, Cin- cinnati; E. S. Olsmith, Dallas; L. J. McGinley, Indianapolis ; J. E. Hobbs, Oklahoma City, and Jack Bannan, spe- cial representative out of Cincinnati. District Manager M. M. Gottlieb and branch managers Barney Rose, Chicago ; Frank Mantzke, Milwaukee ; Edward Heiber, Detroit, and L. J. Miller, Minneapolis. Name Three Officers Of Ruthrauff & Ryan Frederick C. Bruns, Herschel V. Williams and S. Heagan Bayles have been named vice-presidents of Ruth- rauff & Ryan, Inc., advertising agency, by Frederick B. Ryan, president. Bruns, coming from the Federal Advertising Agency, joined the com- pany as account executive in 1938. Williams supervises the agency's day- time and Canadian radio work, joining the company in 1937, and Bayles is assistant director of the radio depart- ment, and has been with the agency since 1931. 3 Join Red Cross Film Service Staff Lou Guimond, formerly with United Artists ; Homer Ellison, formerly with RCA Photophone, and Fred Kisling- bury, formerly with Paramount, have joined the staff of the American Red Cross to handle its hospital film serv- ice under the direction of Hampton W. Howard. The service provides film entertainment in all Army hos- pitals. Guimond will be in charge in the East, Ellison in the Midwest and Kislingbury on the Coast, including Alaska. Reopen Berkeley Theatre Berkeley, Cal., Nov. 4. — Under the direction of Arch Bowles, north- ern California manager of Fox-West Coast, the 1,250-seat Campus has been reopened as the Four Star Campus. Sale of Loew Stock By Rubin Reported In SEC Summan Washington, Nov. 4. — Dispositio of 3,300 shares of Loew's, Inc., com 1 mon stock by J. Robert Rubin, vice president, was reported today by th Securities and Exchange Commissio in its first semi-monthly summary c September transactions of corporatif : officers and directors in the stocks* ! their companies. At the close of thf month, Rubin still held 14,415 share of stock. The SEC summary also carried belated report on Monogram Picture showing that in June the Pathe Intet national Corp. disposed of its Monc gram interest of 65,867 shares of corr mon and 6,017 options for commoi the latter being canceled. Among the September transaction reported was the acquisition by Jac L. Warner, vice-president, of 4,40 shares of Warner Bros, common stocl bringing his interest to 102,960 share; Atlas Gets RKO Shares A report on Paramount Picture showed the sale of 10,000 3% per cen convertible debentures by the Manu facturers Trust Co., New York, re ducing its holdings to 3,192,800. In Radio Keith Orpheum, the Atla Corp., Jersey City, acquired 1,40* j shares of common, bringing its port folio to 823,423 shares held direct am 268,230 shares held through fhi American Company. Other transactions reported include< the purchases of 58 shares of Loew' Boston Theatres common stock b' Loew's, Inc., giving it a total of 118,' 567 shares, and the acquisition of It shares of Keith Albee Orpheum com mon stock by Radio Keith Orpheun Corporation, New York, giving it ; total of 1,205,675 shares. A report on Columbia Broadcastinj System showed that H. Bayard Swop> disposed of his 500 shares of Class ? common stock held through the Kee waydin Corporation, and Leon Levy Philadelphia, disposed of 518 share of Class B common stock by gift, re ducing his holdings to 40,844 shares. Grierson to Speak At Review Meeting John Grierson, Film Commissions of Canada, will speak at the Nationa Board of Review conference, schedule! for the Hotel Pennsylvania here Nov 13-15. His topic will be "The Co operation of the Film Industry Witl the Government Under War Condi tions." Takes Radio Time San Francisco, Nov. 4. — Herberi Rosener, owner of the Clay and Lar- kin, showing foreign films exclu-l siyely, has taken a 26-week contract! with KYA for a Sunday night musid and commentary program to advertise; his theatre programs. Form Reel Theatre Firm Sacramento, Nov. 4. — Southern' California Newsreel Theatres, Inc.] has been incorporated in Sacramento! by five San Franciscans — Fred Her-| rington, Martin Dinkelspiel, F. Rj Rogers, Jean Church and Margaret Gaffney. WHEN YOU WEAR THE MANTLE OF LEO- M-G-M presents with joy^- ^ rue in "Sntllln cfkrouqh" Photographed in Technicolor with Ge Raymond, Ian Hunter • A Frank Borzag Production • Screen Play Ly D ona Stewart and JoLn Baldereton • Based o tLe Play Ly Jane Cowl and Jane Murfir Directed Ly FRANK BORZAG1 Produced Ly VICTOR SAVILL! A Metro-Goldwyn-Mayer Picture Business is great, thank you. The Friendly Company set out to make the new season a memorable one. Tke results speak for tLemselves. We re par- ticularly proud of iSmilin Through. America adores this love story. How exquisitely it has heen told now with Technicolor. And A^usic ! J eanette A^lacDonald sings as never before! It is a production that registers with your patrons. And with your box-office. A1.-G-A1. is currently topping its all-time high with one glorious entertainment after another. And future releases com- pleted and previewed, in California, assure you that the best is yet to come. Whe n you wear tke mantle of Leo, you're covered with glory and ¥ 4 I tnesday, November 5. 1941 Ihort Subject Reviews Motion Picture daily "he Trail of the uccaneers" ariety Views) iniivrsal) his spends some time with the tch promenaders at St. Petersburg, goes along on a boat race to .vana, and finally takes the audience j a brief tour of that city. As vclogue material, it rates about ;rage in entertainment. Running ne, 9 mins. Release, undetermined. Whafs Cookin' " • alter Lantz Cartoon) hwersat) Woody Woodpecker decides to stay me and brave the winter winds len his neighbors retreat to the nuth. His experiences with a hungry uline are thereafter the concern of ,e cartoon, which is generally dull, unning time, 7 mins. Released, Nov. 1941. Robinson Crusoe, Jr." Looney Tune) Warners) This is a zany, satirical account of .obinson Crusoe's experiences first board ship and then on the island 'ith his man Friday. With Porky 'ig as Crusoe, the cartoon has many mgh situations and should amuse. I Running time, 7 mins. Release, Oct. 5, 1941. 'The Bug Parade" Merrie Melodic ) Warners) Here is a travesty on insects in heir way of life, cleverly contrived or laugh purposes. The Leon Schles- inger cartoon in color is short and -nappy and more than adequate to fit the bill. Running time, 7 mins. Re- ilease, Oct. 11, 1941. Omaha Gives 'Truth' Good $9,100 Gross Omaha, Nov. 4. — "Nothing But the Truth," dualled with "Bullets for O'Hara," was good for $9,100 at the Omaha. The weather was cold and rainy. Competition was heavy from sports and social events. Estimated receipts for the ending Oct. 28-29 : "International Squadron" (W. B.) "Mexican Spitfire's Baby" (RKO) BRANDEIS— (1,200) (30c-44c) 7 Gross: $4,200. (Average, $4,000) "Nothing But the Truth" (Para.) "Bullets for O'Hara" (W. B.) OMAHA — (2,000) 30c-44c) 7 days. -^y.lOO. (Average, $6,000) "Weekend in Havana" (20th-Fox) "Parson of Panamint" (Para.) ORPHEUM-(3,000) (30c-44c) 7 Gross: $7,300. (Average, $7,000) "New Wine" (U. A.) "A Yank in the RAP" (20th-Fox) PARAMOUNT — (3,000) (30c-44c) "iank" 2nd week. Gross: $4,300. ■ige, $5,000) week- days. Gross : days. 7 days. (Aver- K. C. Theatre to Reopen Kansas City, Nov. 4.— The 2,500- seat Mainstreet Theatre here will re- open Thursday evening, with a stage show and film policy, on continuous run. It has been taken over by Main- street Theatre, Inc., headed by Albert bchoenberg. Will J. Harris will direct the stage shows. Notes from Hollywood Hollywood, Nov. 4 \\7 ILLIAM HAWKS has gone to Mexico City to supervise work of a location unit shooting a 400-year-old religious ceremony there for "The Gilded Pheasant," which he will produce for RKO. . . . Brenda Joyce and Cornell Wilde go into 20th Century-Fox's "You Can't Always Tell." . . . Judy Can- ova's next picture at Republic will be "Miss Jesse James," in which young Bill Shirley will get a featured role. . . . J. Carrol Naish and Rose Hobart have been set for 20th Cen- tury-Fox's "A Gentleman at Heart." . . . Frank Craven has one of the leads in Warners' "In This Our Life," starring Bette Davis, Olivia de Havilland, George Brent and Den- nis Morgan. . . . Martha O'Dris- coll has the feminine lead in "Out of the Frying Pan," Robert Benchley vehicle at Paramount. • • Jane Wyman and Jack Carson will play romantic leads in War- ners' "The Night Before Christ- mas," starring Edward G. Rob- inson. . . . Leslie Charteris is polling members of the "Saint" clubs in this country and En- gland to determine the actor to play "The Saint" role in the pic- tures the author will produce. . . . With Robert Kent and Vir- ginia Vale in the romantic leads, P. R. C's production of "Blonde Comet" got under way this week. • • S. P. Eagle, former European pro- ducer, has been made associate pro- ducer for Boris Morros at 20th Cen- tury-Fox on "Tales of Manhattan," . . . Don Ameche will be in 20th Cen- tury-Fox's "My Gal Sal." . . . Orson Welles has started shooting on "The Magnificent Ambersons," at RKO- Pathe. Not playing a role himself, Welles is directing the cast of Joe Cotten, Dolores Costello, Tim Holt, Anne Baxter, Agnes Moor- head, Ray Collins, Erskine San- ford and Richard Bennett. . . . Paramount will shortly produce "The Glass Key," Dashiell Hammett novel. . . . Charles Brackett and Billy Wilder have resumed work on the script of "The Polonaise," which Authur Hornblow, Jr., will produce tor Paramount. P. R. C. has launched its new series of six westerns, co-starring Lee Pow- ell and Bill Boyd, the latter a cow- boy radio and recording star of Dallas and not to be confused with Harry Sherman's Bill Boyd, "Hopalong Cassidy." Sherman Scott is direct- ing the first, "Frontier Marshal," from a script by Odgen Kingsley. . . . Patricia Dane has been cast in M-G-M's "Rio Rita" and "Some- where I'll Find You," the latter a Clark Gable vehicle. . . . M-G-M has purchased "Sunday Punch," orig- inal by Fay and Michael Kanin. • • Johnny Downs and Gale Storm have been signed for leading roles in "Freckles Comes Home," Monogram pic- ture from the Gene Stratton- Porter story. Lindsley Parsons is the producer. . . . Bernadene Hayes has been set for "This Gun for Hire," Paramount. . . . George Stevens checked in at Columbia to direct "Mr. Twi- light," Jean Arthur-Cary Grant starring picture. . . . Paramount has changed the title of "The Morning After," to "Night in New Orleans." • • The King Brothers' next picture for Monogram will be "Unofficially Yours," which Phil Rosen will di- rect. . . . Breaking a precedent, Leon Schlesinger has turned to outside sources for material for his cartoons. He has purchased "Horton Hatches the Egg," by Dr. Seuss, author of nonsense poem books, for a "Merrie Melodie" cartoon. . . . Evelyn Keyes goes into the feminine lead of Colum- bia's "Martin Eden." . . . Freddy Martin's orchestra and June Havoc go into "Powder Town," Victor McLaglen vehicle at RKO. . . . Par- amount has extended the directorial contracts of Stuart Heisler and Hugh Bennett. 'Truth9 at $11,000 Kansas City Best Kansas City, Nov. 4. — "Nothing But the Truth" was the leader here, with a strong $11,000 at the Newman. "Weekend in Havana" took $3,500 at the Esquire and $5,000 at the Uptown. Estimated receipts for the week ending Oct. 28-30 : "Weekend in Havana" (20th-Fox) ESQUIRE— (800) (30c-44c) 7 days. Gross: $3,500. (Average, $2,200) "Our Wife" (Col.) "Ladies in Retirement" (Col.) MIDLAND (3,600) (28c-44c) 6 days. Gross: $6,700. (6-day average, $7,400) "Nothing But the Truth" (Para.) NEWMAN — (1,900) (28c-44c) 7 days. Gross: $11,000. (Average, $7,000) "Sergeant York" (W. B.) OR PHEUM— (1,900) (40c-55c) 7 days, 4th week. Gross: $5,000. (Average, $5,000) "Badlands of Dakota" (Univ.) TOWER — (2,200) (30c) 7 days. Stage: The Cappy Barra Boys with Shirley Gay; Harris and Howell; Plato and Jewell; Kathe Joyce; Tom O'Neal, etc. Gross: $6,000. (Average, $6,000) "Weekend in Havana" (2 12.000) "All That Money Can Buy" (RKO) HIPPODROME— (2,205) (15c-28c-39c-44c- 55c-66c) 7 days. Stage show featuring Tony Pastor and his Orchestra. Gross: $1(>.000. r Average, $14,000) Showmanship Flashes Tieup with Wine Firm Aids Run of 'New Wine' San Francisco, Nov. 4. — The re- opened United Artists Theatre staged an unusual promotion stunt for the opening of "New Wine," tying up with Petri Wine Co. to send bottle of vintage port to every critic and news- paper columnist in the bay area. Two downtown windows also were ar- ranged, showing stills from the film and a variety of Petri products. Snow Float Used On 'Serenade' in New Orleans New Orleans, Nov. 4. — To pub- licise the opening of "Sun Valley Serenade," the Saenger Theatre staged a one-float parade down the city's main street, with beautiful girls mounted on an ice-covered float throwing snowballs of crushed ice to onlookers, who found in them passes and other prizes. The stunt zvas a success in this snowleSs metropolis. Reopen in San Antonio San Antonio, Nov. 4. — The Sam Houston Theatre has reopened, with Richard Corneilson as manager. Uses Stagecoach As Bally for 'Dakota' Sioux Falls, S. D., Nov. 4.— Joseph Floyd, manager of the Holly- wood here, went to Pierre, state capital, to borrow the state's only surviving stagecoach for use in ex- ploiting "Badlands of Dakota." Floyd exhibited the coach in front of his theatre during the run of the picture and also paraded it on the main streets, drawn by four horses. RAF Trainees Assist At Opening of 'Yank' San Francisco, Nov. 4. — Thirty American fliers training for the RAF were quizzed over KFRC, KROW and KGO as ballyhoo for "A Yank in the RAF" at the Fox Theatre here. In the lobby the local Blood Bank solicited donations, to be sent to Eng- land for war use, and British socie- ties and all American fliers in the area were opening night guests. The Daily News cooperated in staging a model plane contest for youngsters. W.B. Tieup With University On "Died With Boots On" Warners has arranged a tieup with the University of Kansas on the film, "They Died With Their Boots On." The stunt calls for the University to provide the studio with the stuffed remains of the horse ridden by an officer at General Custer's last stand in the Indian wars. The horse will be shipped about the country in con- nection with the run of the film. Graves, Tombstones Are Ballyhoo for Horror Bill McAdoo, Pa., Nov. 4. — For a dou- ble feature horror program featuring "The Invisible Ghost" and "King of the Zombies" Manager William Elli- ott of the Palace Theatre set up graves on either side of the lobby with tombstones made out of board over each. Green spotlights were fo- cused on the tombstones at night to produced a wierd effect. The tomb- stones read "Victim of the Invisible Ghost." Raise Rates for 8 NBC Blue Station Betty Grable Doubles Contest Used on 'RAF' Utica, Nov. 4.— C. C. Gordon of the Olympic Theatre here, on "A Yank in the R.A.F.," ran a Betty Grable double contest, shopping around stores, etc. for a likeness. The winner, located in the Utica area, was feted on her staged arrival at the railroad station, with a parade led by Mayor Vincent Corrou from, station to the theatre highlighting the cere- monies. Indoor Ski Meet Used For 'Serenade' Promotion San Francisco, Nov. 4. — Promo- tion of an indoor ski meet at a downtown warehouse, rented and fitted for the occasion, highlighted the ballyhoo for "Sun Valley Sere- nade" when it played the Fox Thea- tre here. Scores of sports enthu- siasts and socialites took part, and sports and society columns of four local dailies covered the event, which also was broadcast ovei KYA. 'Parachute' Opening Tied in With Defense Activities San Francisco, Nov. 4. — Opening of "Parachute Battalion" at the Golden Gate theatre was tied with western defense activity, with the Army air base at Hamilton Field setting up an enlistment booth in the lobby, and a parachute jumper present with full equipment. Network rates for eight NBC Bli stations will be increased beginnii Dec. 3, it was announced yesterd; by Edgar Kobak, vice-president charge of Blue network sales. St. tions and changes in rates for tl standard _ evening hour (rates f< other periods are increased in propo tion) are as follows: WSYR, Sy cuse, from $220 to $240; WH^f Rochester, from $380 to $1 WTCN, Minneapolis and St. Pj. from $180 to $220 ; WSGN, Birminj ham, from $120 to $140; WXY Detroit, from $360 to $400; WCB]\ Baltimore, from $140 to $160; KEC/j Los Angeles, from $240 to $30;i WENR-WLS, Chicago, from $720 $750. Five daytime power increases arj 10 at night have been granted Re Network outlets since last Apr when its current rate card was issue In addition the FCC has authorize 24 additional power increases, one fr quency change and 20 equipment in provements for Red Network station; Five stations have been added to tli Red since April. They are : KDK7 Pittsburgh ; WBAL, Baltimore" WCRS, Greenwood, S. C. ; WHI Bluefield, W. Va. Journalism Class Aids 'Citizen Kane' Opening Great Falls, Mont., Nov. 4. — Clarence Colder, manager of the new Civic Center Theatre here, arranged a tieup on "Citizen Kane" which in- cluded the journalism class of the local high school. The class, under the instructor, covered the opening of the theatre and the film by setting up a "city room" in the lobby of the the- atre, and working for the Great Falls Tribune. Three CBC Governors Receive New Terms Ottawa, Nov. 4.— J. T. M. Thor- son, Minister of National War Services, has announced the reappointment for three-year terms of the three members of the Board of Governors of CBC. Reappointed are J. Wilfred Godfrey and the Rev. Canon W. E. Fuller, both of Halifax, and Adrien Poulet of Quebec City. A vacancy on the board remains unfilled. Elsa Maxwell to Telecast Elsa Maxwell has been signed by Telecast Productions, Inc., for spon- sored television programs, according to Myron Zobel, president of Tele- cast. Miss Maxwell will appear in her own show, "The Game." Urge Television Aid By U.S. for Defense (Continued from page 1) act as a central clearing house to help the industry perform the maximum accomplishment as a defense communi- cation medium, it was said. One of the aims of the committee would be to determine the recommen- dations on priorities for the industry, in view of its defense uses, it was declared. Attending the meeting at Waters' office were : F. A. D. Andrea, Andrea Co. ; Mortimer Loewi, DuMont Co. ; Norman Kersta, NBC ; Leonard Hole, CBS; D. W. May, General Electric, and representatives of Paramount and WOR. 'Truth' Draws Big $13,700, Cincinnati Cincinnati, Nov. 4. — "Nothir But the Truth" had a smash $13,7(1 week at the RKO Palace, and "Intel national Squadron" gave Keith! $6,400. "Sergeant York" pulled $6,7(1 in its fifth week at the RKO Capit at advanced prices. Estimated receipts for the week em ing Oct. 29-Nov. 1 : "You'll Never Get Rich" (Col.) RKO ALBEE— (3,300) (33c-40c-50c) t days.. Gross: $11,500. (Average, $12,000)1 "Nothing But the Truth" (Para.) RKO PALACE— (2,700) (33c-40c-50c) I days. Gross: $13,700. (Average, $10,000) [ "The Parson of Panamint" (Para.) RKO SHUBERT— (2,150) (33c-44c-60c) days. Stage: Mildred Bailey and ad ! Gross: $10,000. (Average, $10,000) "Sergeant York" (W. B.) RKO CAPITOL— (2,000) (44c-50c-60c) days, 5th week. Gross: $6,700. Averag at 33c-40c-50c, $5,500) "Weekend in. Havana" (20th- Fox) RKO' GRANDM5,000) (33c-40c-50c) days, 2nd week. Gross: $4,300. Avera $5,000) "Honky Tonk" (M-G-M) RKO LYRIC— (1,400) (28c-33c-42c) days, 3rd week. Gross: $4,700. (Averag $4,500) "Gentleman From Dixie" (Mono.) "Jungle Man" (P.R.C.) RKO FAMILY— (1,000) (15c-28c) 4 day Gross: $1,100. (Average, $1,200) "The Bandit Trail" (RKO) "Charlie Chan in Rio" (ZOth-Fox) RKO FAMILY— (1,000) (15c-28c) 3 daj Gross: $800, (Average, $800) "International Squadron" (W. B.) KEITH'S— (1,500) (33c-40c-50c) 7 dav Gross: $6,400. (Average, $5,000) Suspend Grombach Jean V. Grombach, independei! radio program producer, yesterday all nounced the suspension of Grombacj Productions, Inc., for the duration A the national emergency. Grombach e> plained that he was called into servic a year ago but that his connection wit I the service has now been made perma nent. Remodel Calif. House Haywood, Cal., Nov. 4. — The Ha; ward Theatre, operated by the Goldc State Circuit, is being remodeled at | cost of $85,000. HOW WAS MY VALLEY IT'S THAT LONG GREEN AT NEW YORK'S RIVOLI WORLD PREMIERE RUN! FIRST WEEK-END'S BUSINESS IS BIGGEST OF A RECORD-BREAKING RIVOLI YEAR! Ellery Queen and The Murder Ring / TOPS F /"Series attains its peak! Rates ^ with the best in its field!" k — M P. DAILY ^ y"Tops predecessors in series. * Should please all classes of patronage!" ► -SHOWMEN'S TRADE REVIEW ^ "Swell mystery-meller is best of series! Okay for any play date!" -FILM DAILY RELEASED NOV. 18th RALPH BELLAM as Ellery Queen with MARGARET LINDSA as Nikki Porter m ELLERY QUEE AND THE MURDER RIM with CHARLEY GRAPEWIN Mona Barrie • Paul Hurst * James Burk Blanche Yurka Screen play by Eric Taylor and Gertrude Purcell Story by ELLERY QUEEN ■ Directed by JAMES HOGA A COLUMBIA PICTU to the iVkjtion •icture idustry MOTION DAILY First in 50. NO. 91 NEW YORK, U.S.A., THURSDAY, NOVEMBER 6, 1941 TEN CENTS \ole Scores Rental Terms As Excessive leads Texas Allied for His 19th Term >1 Dallas. Nov. 5. — The high film ptals demanded on a percentage have made profitable operation of the small town and sub- sequent run theatre virtu- ally impossible, Col. H . A . Cole, president of Allied of Texas and of national Allied, told members of the organ- ization today at the concluding day's session of the annual con- vention at the Adolphus Hotel here. The new system of selling in blocks- l-five as required under the terms of le consent decree has brought the verage small exhibitor a very serious roblem in the operation of his house, ■ol. Cole declared. Allied is interested in any plan that (Continued on page 4) H. A. Cole issociates Charity Fund Totals $1,000 Industry executives and members of ne Motion Picture Associates have bade personal donations totaling 1,000 to the MPA charity fund, it ras announced yesterday by Joseph J. i*e, president of the organization, at luncheon-meeting at the Hotel Lin- oln. Lee urged greater effort on he part of the membership in obtain- ng advertising contracts for the MPA ournal, one of its chief sources of evenue, issued in conjunction with he annual dinner and dance Nov. 19. Settlement Reached In Detroit Complaint Detroit, Nov. 5. — The clearance complaint of the Gale Theatre, Gales- Btirg, Mich., was dismissed today without prejudice as the parties to the complaint reached a settlement. Re- spondents were Paramount. 20th Cen- tury-Fox, Loew's and Warners and Butterfield Kalamazoo theatres. The Booth Theatre case hearing, scheduled before the local board to- morrow, has been adjourned to Dec. 2. Wis. Court Affirms Bank Night Lottery Milwaukee, Nov. 5. — The Wisconsin State Supreme Court has reaffirmed its de- cision holding Bank Night to be a lottery, in dismissing a suit for $1,007.50 brought by Affiliated Enterprises, Inc., Denver, against the Miner Amusement Corp., Rice Lake, Wis., for alleged failure to pay fees on the chance game. Wis. ITPA Would Aid Minn. Allied Milwaukee, Nov. 5. — The L T. P. A. of W isconsin and Upper Michi- gan convention today authorized the organization's board of directors to ascertain from officers and directors of Northwest Allied at Minneapolis what action the latter would like the W isconsin organization to take in aid- ing them in their anti-consent decree activities. The action is believed to have been the result of widespread reports in Wisconsin that some Minnesota thea- tres may be forced to close for lack of product if relief is not forthcoming soon. Only four major companies are selling in Minnesota because of the state's anti-block-of-five law, spon- sored by Northwest Allied. The board was authorized to act in ac- cordance with the response from Northwest Allied. The convention renamed W. L. Ainsworth president ; A. C. Guten- berg, vice-president ; A. C. Berkholtz, treasurer, and Harry Perlewitz, busi- ness manager. Mark Morgan was elected secretary succeeding Max Krofta. The following directors were (Continued on page 2) Minn. Exhibitors Warned to Spread Cancellation Use Minneapolis, Nov. 5. — Minnesota exhibitors were warned today by Northwest Allied, sponsor of the Minnesota anti-block-of-five law, that new season film deals which restrict the 20 per cent cancellation right to the lowest price bracket is "illegal" under the state law. The organization said that such a restriction "obviously tended to de- feat the legislative intent of the law," in that the statute was designed to protect the exhibitor from being forced to exhibit pictures injurious or damaging to his business, and the pub- lic from pictures "offensive on racial, religious or moral grounds." The cancellations, it was pointed out, should be made proportionately among the several price brackets when the exhibitor has received notice of (Continued on page 4) KAO 39-Week Net Equal to $368,418 Keith Albee Orpheum Corp. and subsidiaries for the 39 weeks ended Oct. 4, last, has reported net profit after all charges of $368,418, which compares with net profit for the sim- ilar period last year of ,$489,259. Profit for the 1941 period before provision for depreciation and income taxes amounted to $1,021,245, com- pared to SI, 148,766 in the 1940 period. Depreciation was given as $490,962 this year, and $510,597 last year, while income tax provision was set at $161,- 865 for the 1941 period and $148,910 last year. Federal income tax is based on a rate of 31 per cent this year com- pared to 24 per cent last year. 15 Pa. Towns Vote Down, 6 Approve Sunday Films Harrisblrc, Nov. 5. — Partial re- turns from election districts through- out Pennsylvania available late today showed that proposals to legalize Sun- day shows were defeated in 15 com- munities, townships and counties and were approved in six. Sunday show proposals were re- jected by the following: Uniontown, Lansdale, York, East McKeesport, Aspinwall, Perkasie, Montrose, Avon- more, Scottdale, Suterville, Dunbar, Mill Creek Township, Shade Township and Lebanon and Somerset Counties. Among those that voted to lift ex- isting bans on Sunday shows w:ere : Ramsey, Clearfield, Green, Milford and Pike counties and Morgan Town- ship. The comparatively small number of communities voting on the issue at this election was attributed by Rev. William D. Forney, general secretary of the Lord's Day Alliance of Penn- sylvania, to the fact that the number of petitions required to place the question on the ballot in any commun- ity was increased by the last legisla- ture from five to 20 per cent of the highest number of votes cast for any candidate in the preceding election. Browne-Bioff Case to Go to Jury Today Summations Are Begun By Defense Attorneys The BiofT-Browne extortion case in Federal Court is expected to go to the jury some time today. At- torney George Breslin, counsel for Bioff, summed up the case yester- day for his client. Speaking for four hours, and today, Martin Con- boy, counsel for George Browne, is expected to make his summation on behalf of the IATSE president. "The truth has not been told," Breslin told the court as he scored Government witnesses for not "telling the whole truth." After Conboy makes his appeal to the jury, U. S. Attorney Mathias Correa is scheduled to make the Government's plea, to be followed by Judge John C. Knox's charge. Breslin declared that there was a "deal" indicated by the evidence but contended that the jury had not re- ceived enough of the story to form an opinion beyond "a reasonable doubt." "We can't deny that Bioff got some money. That's before you," he said. (Continued on page 2) Ia.-Neb. Allied Will Convene Nov, 24-25 Des Moines, Nov. 5. — The Allied- Independent Theatre Owners of Iowa and Nebraska will hold their annual meeting here Nov. 24-25. Subjects to be considered and acted upon are film rental terms, portable circuits, 16 mm. and free shows, pos- sible increase of membership, election of officers and directors and adoption of a legislative program. Leo F. Wol- cott of Eldora, Iowa, is president of the association. Wobber Leaving On Exchange Trip Continuing his tour of 20th Cen- tury-Fox branches, Herman Wobber, general manager of distribution, leaves here tomorrow for Pittsburgh, In- dianapolis, Chicago and Milwaukee. William C. Gehring, Central divi- sion manager, will join Wobber in Indianapolis on Sunday and will ac- company him on the trip thereafter. Both are scheduled to return here Wednesday. 2 Motion Picture Daily Thursday, November 6, 194 Browne-Bioff Case to Go to Jury Today (.Continued from page 1) During his address to the jury Breslin stressed the fact that none of the industry executives had com- plained to the proper authorities, or told the stockholders or directors about the payments. He pointed out that Correa himself had started the prosecution. "Who was it who brought the evi- dence to the U. S. Attorney?" Breslin asked. "Who was the informer? None of the Government's witnesses brought the matter to the U. S. At- torney." Breslin, however, ignored Bioff's testimony except to state that his re- lationship with Joseph M. Schenck in- dicated that the money was given voluntarily. Breslin declared it "strange" that Nicholas M. Schenck had never dis- cussed it with his brother, Joseph M. Schenck, or with executives other than Sidney R. Kent. Breslin ac- cused Government witnesses of being "coached" by attorneys before taking the stand and said that they were too "shrewd" to be subject to the type of extortion charged. He declared that there would have been many oppor- tunities to trap Bioff in the five years. "I can't believe that Bioff, if he was in on an extortion deal, would be run- ning in and out of offices like that, making telephone calls which could be listened to. I can't believe he was that dumb," he said. The testimony ended unexpectedly s«~>on after court opened with the de- fense waiving cross-examination of James E. Coston, Warner zone man- ager in Chicago. Joseph H. Mosko- witz took the stand for a few minutes to state that Joseph M. Schenck had made a $202,837 loan to Murray Gars- son and himself on Nov. 4, 1937. Garsson purchased $130,000 worth of 20th Century-Fox stock and Mosko- witz, the balance, he testified. Sub- sequently, Moskowitz said, Garsson's stock was sold for §110,000 and Schenck received the proceeds. Named "U" Club Head Pittsburgh, Nov. 5. — Francis J. Guehl has been elected president of the Universal Club here. Other offi- cers are P. C. Quiter, secretary, and Angelo Marino, treasurer. BROADWAY PLAYS "GRAND-SCALE SMASH HIT!" — Life Magazine GERTRUDE LAWRENCE in the Musical Play "LADY IN THE DARK" ALVIN. 52 St. W. of B'way— Mats. Wed. & Sat. Mail Orders Promptly Filled "A GREAT SHOW" — Herald Tribune <^ftc $1 & $1.50 PLUS TAX OU , "l T" NO HIGHER 2ND YEAR— 2ND EDITION of the _ Sensational Musical Icetravaganza IT HAPPENS ON ICE at America's Only Ice Theatre Center Theatre, Rockefeller Center. CO. 5-5474 Eves, except Monday. Mats. Sat.. Sun. & Tues. 501 8eats for Every Pert. 50c. EVGS. AT 8:40 Personal Mention VyATTERSON ROTHACKER, » " Hollywood vice - president of Quigley Publications, leaves here to- day on his return to the Coast after a brief stay here. • Owen Lightstone, manager of the Orpheum Theatre in Montreal, is in town with Mrs. Lightstone. • Herman Morgan has returned to his post with Affiliated Theatres in Indianapolis after an illness. • William Kapourelas, former man- ager of the Family Theatre, Fort Wayne, Ind., has joined the Army. Roger Scherer has replaced him. • Ed Kelley, former assistant to Vic Gaunlett, advertising manager for the Hamrick-Evergreen Circuit, Seat- tle, has returned to his post after a year's service in the Navy. "tp ARL HUDSON and Jack Kee- gan of United Detroit Theatres will leave for Detroit today. • T. Newman Lawler, member of the O'Brien, Driscoll and Raftery law firm, is the father of a daughter, born on Mondav. • Gertrude Merriam of the Man- agers Round Table department of Motion Picture Herald will leave the Park West Hospital today after an appendicitis operation. • Frank M. Phelps, Warner Thea- tres labor contact, left yesterday for Boston and Lynn, Mass. He expects to return over the weekend. • William J. Heenan, Paramount salesman in Philadelphia, is recover- ing at Jefferson Hospital after an ap- pendicitis operation. Bennett President Of Warner Clubs Martin F. Bennett yesterday was elected president of the National War- ner Club by delegates in annual ses- sion at the home office. Other officers, all of the home office, are : Bernard Goddman, vice-president ; R. A. Mc- Guire, vice-president, membership ; Harry Mayer, vice-president, social activities ; Ruth Weisberg, vice-presi- dent, welfare ; F. L. Gates, vice-presi- dent, claims ; Robert Salomans, treas- urer ; Sam Wolowitz, assistant treas- urer ; Stuart H. Aarons, secretary. Elected to the finance committee were Sam Schneider, chairman ; Samuel Carlisle, T. J. Martin, and W. S. McDonald. Ilona Massey Is Hostess at Party Ilona Massey and Alan Curtis were hosts at a cocktail party at the Stork Club yesterday in observance of the receipt of Miss Massey's first citizen- ship papers. Among those present were : Oscar Doob, Si Seadler, Monroe Greenthal, Ernie Emmerling, Colvin Brown, Mr. and Mrs. Terry Ramsaye, Alfred Fin- estone, Sam Shain, Al Margolies, Ar- thur Jeffrey, Bruce Cabot, Cecelia Ager, Robert Ritchie, Mr. and Mrs. Charles Moss, Ruth Morrow, Lee Mortimer, Dave Goulding, Herb Golden, David E. Weshner, Marian Rogers. RKO Fetes Visiting Argentine Solons Phil Reisman, RKO foreign man- ager, was host at a cocktail party in the Radio City Music Hall studio yes- terday to a group of members of the Argentina Chamber of Deputies who are here on a trade and good-will visit. In addition to the guests of honor, George J. Schaefer, W. G. Van Schmus, Gus Eyssell and R. K. Hawkinson attended. Warner Party Nov. 21 New Haven, Nov. 5. — The Warner Club will hold its annual Fall dinner- dance Nov. 21 at Waverly Inn, with Russell Clark as chairman. About 400 are expected to attend. Wis. ITPA Would Aid Minn. Allied (Continued from page 1) elected : Charles W. Trampe, George Fischer and Lucille Forbes. Hold- overs on the board are : Gutenberg, F. J. McWilliams, Ben Marcus, Morgan, Berkholtz, Ainsworth, John Adler and William Smith. Sidney Samuelson and Jack Kirsch, members of national Allied's unity committee, explained the unity plan at the final session. They reported the results of their recent meetings with home office distribution executives on the plan. To Open (U9 Film in Detroit on Nov. 19 Universal will hold the premier of the Abbott and Costello film, "Keep 'Em Flying" at the Fox Theatre here Nov. 19. Making personal appear- ances will be the two stars, as well as Arthur Lubin, director, and Carol Bruce and Dick Foran, of the cast. Others are expected to be included in the Hollywood contingent. Working with David Idzal, Fox manager, on preparations for the opening, are Dan Thomas, Robert Moak, Thomas McLeod and John Baker, Universal exploitation and publicity men. Goldenson, Netter Are in Philadelphia Leonard Goldenson, in charge of theatre operations for Paramount, and Leon Netter, Paramount Theatres vice-president, are in Philadelphia to- day on business, after which Golden- son will leave for Detroit to join Sam Dembow, Jr., Paramount theatre ex- ecutive, in conferences tomorrow with Earl Hudson of United Detroit Thea- tres and other Paramount partners there. Siegel En Route East M. J. Siegel, Republic president, is en route from the Coast to Chicago to attend the company's Midwest quarterly sales meeting there, Nov. 7 and 8. He will come to New York thereafter for a home office visit of several weeks. 'Ships With Wings' Called Spectacular London, Nov. 5. — "Ships With Wings," produced at Ealing Studios for United Artists release, previewed here today in advance of its West End premiere, is a spec- tacular production which dra- matizes the operations and adventures of the Aircraft Carrier Ark Royal, with personal story interwoven. Authentic sequences filmei aboard the Ark Royal provide' exciting entertainment in a documentary vein. There is a vigorous action climax de- picting an attack on a Nazi- controlled harbor with ac- companying air battles. De- spite a thin and indifferent romantic element and slow- paced opening action, the pic- ture has box-office qualities exploitable on both sides of the Atlantic. Flanagan. :t i, Totman in Feldman Post in Pittsburgi Pittsburgh, Nov. 5. — James To man has been named advertising ar publicity director for the Warm Pittsburgh zone theatres, succeedin Joseph Feldman, appointed assistai to M. A. Silver, zone manager. To man formerly was assistant to Fek man. The Pittsburgh Variety Club planning a testimonial dinner 1 Harry Kalmine, former zone mat aerer, who has been made assistai general manager of the Warner cii cuit. B&K Shifts Policy At Chicago Hous Chicago, Nov. 5.— Charles CottL manager of the State-Lake Theatr and Miles Concannon, manager of tr Roosevelt, have changed places. Tffl latter house will be known as a un exploitation house, with double bil' playing there booked over the entii] Balaban & Katz circuit as a uni Heretofore combinations have bee broken up for neighborhood runs. Nate Piatt has taken over supei vision of the Roosevelt from Davi Wallerstein, district manager. W. Apollo, also a B & K house, wi switch to duals on Nov. 14. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday at holidays by Quigley Publishing Compan Inc., 1270 Sixth Avenue, Rockefeller Cente New York City. Telephone Circle 7-310 Cable address, "Quigpubco, New York." Ma tin Quigley, Editor-in-Chief and Publishe Colvin Brown, Vice-President and Gener Manager; Watterson R. Rothacker, Vic President; Sam Shain, Editor; Alfred Finestone, Managing Editor; James . Cron, Advertising Manager; Chicago Burea- 624 South Michigan Avenue, C. B. O'Nei" Manager; Hollywood Bureau, Postal Unio Life Building, William R. Weaver, Edito Leon Friedman, Manager; London Burea 4 Golden Square, London Wl, Hope Wi liams. Manager, cable address "Quigpubc London." All contents copyrighted 1941 t' Quigley Publishing Company, Inc. Oth. Quigley publications: Motion Pictu; Herald, Better Theatres, Internation Motion Picture Almanac and Fame. E: tered as second class matter, Sept. 23, 1 9; at the post office at New York, N. Y under the act of March 3, 1879. Subscri' tion rates per year $6 in the Americas an $12 foreign. Single copies 10c. 4 Motion Picture Daily Thursday, November 6, 19j King-Trendle FM Station Approved Washington, Nov. 5. — Construc- tion of a new 47,300-kilocycle FM sta- tion by the King-Trendle Broadcast- ing Corp., Detroit, and a 1,450-kilo- cycle, 250-watt standard station by the Coastal Broadcasting Co., Inc., New Bern, N. C, have been authorized by the FCC. Also approved were the applications of Stations KWBW, Hutchinson, Kans., for increase of power from 100 to 250 watts; WCAZ, Carthage, 111., for increase of power from 100 to 250 watts; KMYC, Marysville, CaL, for increase of power from 100 to 250 watts, and WFIG, Sumter, S. C, for increase of power from 100 to 250 watts. The commission designated for hearing the applications of Bob Jones College, Inc., for a new 550-kilocycle, 1,000- watt day station at Cleveland, Tenn. ; Herman Radner for a 680- kilocycle, 1,000- watt day station at Dearborn, Mich. ; Edward E. Reeder for a 1,560-kilocycle, 250-watt station at Seattle, and Station KPMC, Bakersfield, Cal., for change of fre- quency to 1,560 kilocycles and increase of power to 10,000 watts. CBS Net for Third Period $1,3-97,348 CBS yesterday reported a net profit of $1,397,348 after all deductions for the third period, as compared with $983,867 for the same quarter last year. The first nine-months total was $3,815,434, as compared with $3,477,- 586 for the same period in 1940. Net time, talent, line and record sales for the first three-quarters of the year was $31,334,850 as compared with $25,770,665. The board yester- day declared a dividend of 65 cents per share on Class A and B stock payable Dec. 5 to stockholders of rec- ord on Nov. 21. Reviews Freedom Committee Hits Refusal of Time As an outgrowth of last Thursday's broadcast by Mutual of the America First Committee meeting, the Fight for Freedom Committee has protested to the FCC that the network has re- fused it time to answer the America First speeches. In response to a request for infor- mation by FCC Chairman James L. Fly, Mutual explained yesterday that the network does not originate pro- grams but picks them up from mem- ber stations. WOR, in this instance, has denied the Fight for Freedom Committee time to answer, it was ex- plained. Fight Jurisdiction In FCC-Web Action The FCC filed a special notice of appearance in Federal Court here yes- terday in the injunction suit brought against it by the NBC and CBS to restrain enforcement of the new net- work regulations. The notice speci- fied that the commission did not con- cede that the New York court had jurisdiction. Mutual yesterday also moved to in- tervene in the suit as "a friend of the court." Mutual favors the new regu- lations. "A Date With the Falcon" (RKO) EORGE SANDERS again plays the title role in this second "Fal- con" picture produced by Howard Benedict and directed by Irving Reis. Formerly he was seen in a number of the "Saint" films, in addition to roles in other pictures. The "Falcon" is a detective who is as effective charming the ladies as he is in solving crimes. The chief suspense in this story is whether or not he actually will marry his fiance, played by Wendy Barrie, and leave his detective work long enough for a honeymoon. There are a number of delays and she pursues him while he is solving a rather obvious mystery about the disappearance of a chemist who has just per- fected a formula for manufacturing imitation diamonds which cannot be distinguished from the genuine. James Gleason is the chief police detective who blunders in the usual fashion, even arresting twice the "Falcon" and finally is presented with a completely solved case. Allen Jenkins aids the "Falcon" in keep- ing peace with his fiance and in catching the criminals. Mona Maris is the woman member of the gang. Others in the cast are Victor Kilian, Frank Moran and Alec Craig, who plays the chemist around whom the mystery revolves. Actually, the "Falcon" determines that the murdered man was really a twin brother of the chemist. During the course of his adventures the "Falcon" is captured by the gang and pretends not to be on the side of the police. The cast did very well with the material presented, but the story was not suitable for more than an average detective picture. What humor there is, is mostly that of situations rather than the type resulting from smart dialogue. Running time, 63 minutes. "G." M. Q., Jr Cole Scores Rental Term^ As Excessive i "Four Jacks and a Jill" (RKO) A/f ANY musicals have too little plot ; this one has a bit too much, which might be explained by the fact that this is the first picture, as a producer, for John Twist, a screen writer for RKO for nine years. Jack Hively was the director. Ray Bolger and Anne Shirley have the leading roles. He is very effective when dancing — one routine of a mock prize fight is particularly unusual — and less satisfactory as the romantic hero. She is very at- tractive in this film and shows considerable development. The several songs she sings are by Mort Greene and Harry Revel and are about average for this type of musical. Chief support is given by Desi Arnaz, who, rather surprisingly, does not sing or dance in this picture; June Havoc who appeared in the play "Pal Joey," performs one number and Jack Durant, also from that play, as her gangster friend. The "Four Jacks," a small orchestra led by Bolger, fear that they will lose their job in a small tavern because Durant wants to marry their dancer, Miss Havoc. Bolger meets Miss Shirely, who finds a job for the boys after pretending that she is the favorite singer of an exiled king. Arnaz poses as the king, and after a number of complications, leaves with Miss Havoc before the king himself shows up. And by that time Bolger and Miss Shirley have patched up their quarrel. Running time, 68 minutes. "G."* M. Q., Jr. * "G" denotes general classification. Increase Rates on 5 NBC Red Stations Station improvements and increased coverage have increased rates on five NBC-Red stations, effective Dec. 3, Roy C. Witmer, vice-president in charge of Red sales, will announce today. The stations and their basic rates are : KARK, Little Rock, from $120 to $140; KMJ, Fresno, $120 to WTAR, Norfolk, $140 to WAVE, Louisville, $200 to $220, and WDAF, Kansas City, $380 to RCA Third Quarter Profit Is $2,063,671 A net profit for the third quarter ended Sept. 30 of $2,063,671 after all deductions was reported yesterday by RCA. Earnings for the first nine months were reported at $7,370,165 as compared with $5,209,043 last year. Delay Conn. Allied Meet New Haven, Nov. 5. — Allied The- atre Owners of Connecticut has post- poned its regular luncheon-meeting from yesterday to next Tuesday, at the Hofbrau Haus. Plans for the state-wide poll on the consent decree will be completed at that time. Get Exchange Posts New Haven, Nov. 5. — Shirley Gerell, formerly with the RKO ex- change here as secretary, has been appointed to the M-G-M staff, while Shirley Gordon has the post at the RKO office. (.Continued from page 1) will bring about an increase of b ness at the box-office, the exhibit leader said, "but so far nothing specific and immediate relief has presented to us. Unless and until a scheme is in sight, the only recourj for our theatres is to bring film rel tals within the possibility of our prei ent income." Cole Reelected Cole was reelected for his ninl teenth term as president of Texl Allied. Other officers are : A. VI Lilly, secretary - treasurer ; R u b ii Frels, P. V. Williams, Mrs. Martljj McSpadden and R. N. Smith, vic| presidents. Directors elected werj C. M. Cooper, Will Dorbandt, L. I Tidball, H. R. Bisby, M. D. Stewaj Lonnie Legg, B. R. McLendon, 1 Ford Taylor, W. J. Chesher al James Golding. In adopting a resolution approviil national Allied's industry unity effo the convention cited Paragraph sev of the unity program as most impc tant, asserting that the subject Government or other legislative tej dencies to supervise the industi should receive immediate attention. The problem of theatre operatic overhead and its relation to what t| exhibitor can afford to pay for pro! uct was the subject of a round-tat discussion this afternoon. The convention concluded with banquet and dance in the Centu Room of the hotel this evening. Minn. Allied Warns On Cancellatioi (Continued from page 1) availability, and after he knows som thing about the pictures. Exhibito were advised not to agree to accej cancellations until they knew abot; product and its suitability. Lloyd Plans 'Spoilers' Frank Lloyd and Jack Skirball have purchased Rex Beach's "The Spoil- ers" from Charles Feldman, for pro- duction about Dec. 15. Universal will release it. Lee Marcus will be asso- ciate producer. Loew, 20th-Fox and RKO Plan No 'Escape' Plea Loew's, 20th Century-Fox an RKO have no plans at this time fc; petitioning the Federal court for release from the sales provisions (( the consent decree to permit them t resume selling in Minnesota as w£j done by Paramount, company repn: sentatives said yesterday. Warners has made no decision y< as to its procedure, a company off cial stated. United Artists, which, although nc bound by the consent decree, oppose the Minnesota anti-block-of-five lai as a bar to its operations in the stat and planned to withdraw from Mir nesota several weeks ago, is selling if product there now in the customar manner, that is by individual contracl for each producer's output, rather tha a single contract for all of the com pany's new season releases. It wa the latter method that the compan feared at first it might have to adop in order to comply with the state law DREADED. . . A brilliant criminal lawyer. . . maddened by the love of a beautiful woman for another . . . seeks his quarry 'mid the insect infested swamps of the Florida Keys f/, v V from the oove The Story of Two Novembers. . j This is November — and our Birthday Month: The Fifteenth Birthday of Network Broadcasting — But this isn't just a story about us. This story is about some things that grew up with us Between two Novembers, 15 years apart ... a story that's bigger than we are, And we know it. It isn't only something on a calendar. And it isn't the sort of thing that you can analyze By counting the colored counties on a map. Though a map's one way to look at it . . . A map can show you how, for instance, In nearly every county of America, We can bring our people together, as into one room — Out in Montana, down in Rhode Island, across the plains of Texas — When the President speaks to the people . . . when the destiny of the nation rests with the people ... or when the people want to be told The facts that a people should hear. Yes — and a map can make you feel, perhaps, How rich and poor, strong, weak, young, old (But Listeners all!) Are gathered today into a transcendent unity Beyond achieving in that other November 15 years ago. We have removed forever Cracker-barrel sectionalism . . . misunderstandings between City and City, State and State. And something has been born that was not here before. Other generations may have dreamed What these last 15 years have made come true: The pioneer, rolling westward through days of dust And days of snow, May have dreamed how some day we should end The isolation of geography, Binding New York, to Cheyenne with the speed of light: hurtling darkness and storm,- and through wind and lightning speaking From the Atlantic to the Pacific, with One voice To one nation Indivisible! * * * But the story isn't only in the maps . . . It's in the people, after fifteen years. It's a pattern in the people. One-fourth of our people have lived with Network Broadcasting Since the day they were born . . . And more than a third of us have lived with it Since we were five years old. Count that, when you measure The strength, the power, the influence Of Network Radio today On the minds of Americans! It's a pattern in the people . . . Look around you. It's a pattern in their living: their waking, their work- ing: their leisure and laughter: their dancing and buying. They get up to network radio, and they go to bed to network radio. It's a habit . . . and you can't erase it. * * * During these 15 years, the National Broadcasting Company has become a part of America. It belongs. Let's say it simply: — For 15 years, the National Broadcasting Company has been proud of its job. It's been a big job, and we've tried to give our best to it. We must have. For today, as every day since November 15, 1926, more American families listen to NBC programs than to those of any other broadcasting system! NATIONAL BROADCASTING COMPANY A Radio Corporation of America Service These are the simple facts. In the first eight popular priced engagements in Los Angeles, Richmond, Norfolk, Milwaukee, Toledo, Dayton, Harrisburgand Reading, SUNDOWN grossed 127% of the previous highs established by Walter Wanger's hit attraction, "Foreign Correspondent"! WALTER WANGER'S Great \d\entvrotnance of Today UN DOWN starring GENE TIERNEY BRUCE CABOT • GEORGE SANDERS • HARRY CAREY • JOSEPH CALLEIA Reginald Gardiner, Carl Esmond, Marc Lawrence and SIR CEDRIC HARDWICKE Directed by Henry Hathaway • Prom the Saturday Evening Post story "Sundown" and screenplay by Barre Lyndon A HENRY HATHAWAY PRODUCTION RELEASED THRU UNITED ARTISTS MOTION PICTURE DAILY 50. NO. 92 NEW YORK, U.S.A., FRIDAY, NOVEMBER 7, 1941 TEN CENTS omedy Note ♦ominatesNew eason Films .P.Daily Booking Chart Lists 42 to Xmas By EUGENE ARNEEL (Producers are concentrating a Od diare of their attention on the jduction of comedies, it is in- bted by a study of the booking art of Motion Picture Daily, I Iblished today on page 8. The definite trend to comedy Is shown in the chart's listing of no less than 42 comedies scheduled for release between Oct. 10, last, and Christmas. Iln addition, others on which (Continued on page 1 1 ) Tamers Consider Minn. Escape Plea Warners sales and legal officials ■ studying the advisability of mak- |jg an application to Federal Judge . i.enry W. Goddard for an exemption ora the sales provisions of the con- rnt decree to permit the company to :sume selling in Minnesota as was one by Paramount, a company offi- al said yesterday. While it was stated that no deci- on had been reached yet, the official aid that the order signed by Judge ioddard giving Paramount a Minne- 'ota exemption from the decree has leen under study and a decision may y reached soon. Loew's, RKO and 20th Century- "ox are not considering an exemption pplication at this time, company rep- e^entatives assert. .Valley', 'Soldier' lop Big B 'way Mark Strengthened by brisk business over the weekend and again on Tuesday, Election Day, Broadway grosses this week were substantial in most spots. The Astor. with "The Chocolate Sol- dier," and the Rivoli, with "How preen Was My Valley," both had standout weeks. "The Chocolate Soldier," M-G-M musical teaming Nelson Eddy and IRise Stevens, was unusually big at Ithe Astor, with a first week's gross (Continued on page 5) Browne, Bioff Guilty as Charged; Face 30 Years Six New Plays Will Open on Broadway Within Next Week Six play openings are slated for the legitimate side of Broadway be- ginning tomorrow night and running through next Saturday. It appears that the producers are anxious to get under the tape before Thanksgiving. This will bring to 28 the total num- ber of stage offerings on Broadway, provided that in the meantime none of the present crop discontinues. Tomorrow night's entry will be a comedy by A. N. Langley titled "The Walrus and the Carpenter" at the Cort. Tuesday will bring "Spring Again" at Henry Miller's Theatre. This is a Guthrie McClintic produc- tion, written by Isabel Leighton and Rertram Bloch, and co-starring Grace George and C. Aubrey Smith. Mc Clintic also is the director. On Tuesday comes Shakespeare's "Macbeth," under the sponsorship of Maurice Evans, at the National. Evans and Judith Anderson will have the top roles in the play, directed by Margaret Webster. "Theatre," by Somerset Maugham and Guy Bolton, will be presented by John Golden at the Hudson Wednes- day. The play stars Cornelia Otis Skinner. Thursday opening will be "Little (Continued on pane S) 7,841 Theatres Collected $943,684 in U.S.O. Drive $30,000 Fines Possible; Will Be Sentenced On Wednesday; Judge Knox Refuses Bail, Both Men Are Jailed George E. Browne, president of the IATSE and until last month a vice-president of the American Federation of Labor, and William Bioff, his personal representative and an IATSE representative as well, were found guilty on all three counts of an extortion indictment by a Federal Court jurv last night. They face maximum sentences of 30 years in jail and $30,000 in fines. Both were remanded to the Federal House of Detention to await sen- tence from Judge John C. Knox Wednesday. Judge Knox refused pleas of defense counsel to continue bail pending sentence, and likewise denied motion-, made nn 14 grounds to set aside the verdict. Neither Browne nor Bioff made any statement, although their counsel de- clared that appeals would be carried to the U. S. Circuit Court of Appeals. The jury received the case at 3 :48 P.M. and filed in with its ver- dict at 6:02. Judge Knox thanked the jury for its verdict. "To my mind," he said, "you have performed a very excellent job. I want to express both official and personal appreciation and grati- tude for the time, attention and thor- oughness that you have given in this case. It is a highly important case and I am quite certain your verdict will let fresh air into a lot of homes in this country. Certainly that is something that is eminently desirable. Now, I don't believe that there is a firmer believer in labor unions than myself. All labor will doubtless be glad to have their unions purged of such individuals. If union labor is to endure, it must rid itself of men who stand ready to sell out labor when it suits their purposes." Both men were led away by the U. S. Marshal, after Judge Knox fin- ished. Earlier in the day, the defendants (Continued on page 5) Kalmenson Elected Vitagraph President Benjamin Kalmenson, Warner gen- eral sales manager, has been elected president and a director of Vitagraph, Inc., the Warner distribution com- pany, it was announced yesterday by Harry M. Warner, president of War- ners. It was stated that in his new ca- pacity Kalmenson will be in full charge of Warner distribution in the United States and Canada. Joseph Bernhard, vice-president of Warners, will act in an advisory ca- pacity in setting up matters of dis- tribution policy, and Kalmenson will consult with him whenever it is deem- ed necessary, it was stated. A check for $943,684, representing collections to date from 7,841 theatres for the U. S. O. Drive, was presented to Thomas E. Dewey, chairman of the national U. S. O. Campaign, by Joseph Bernhard, chairman of the theatre drive. It is anticipated that the theatre col- lections will aggregate more than SI, 000,000 when complete returns are in, since 10,605 theatres were enrolled in the campaign. Collections from 35 theatres amounting to $2,712 are in transit and it is estimated that an ad- ditional $60,000 will be received from the remaining 2,729 theatres which have still to report. A breakdown of the contributions received to date shows that indepen- dent theatres, as a group, contributed the largest amount, $492,639 having been remitted by 5,676 independent houses ; Paramount was second, remit- ting $173,133 for 1,151 theatres; War- ners, with 470 theatres, was third with $172,141, for the highest average re- turn per theatre. Fourth place went to 20th Century- Fox's National Theatres, with 451 houses remitting $96,130. RKO re- mitted $47,099 for 50 theatres outside the New York Metropolitan area, and Loew's remitted $14,450 for 43 houses outside New York. The RKO and Loew's houses in Greater New York (Continued on page S) Defer Action on Tax On Salary at Source Washington, Nov. 6. — The House Ways and Means Committee today temporarily deferred action on the Treasury's request for immediate con- sideration of revenue legislation which would make a taxpayer out of every employer in the film and radio and other industries. Treasury officials are not discussing their new tax plans, but committee members disclosed that they include a tax, possibly as high as 15 per cent, (Continued on page 5) 2 Motion Picture daily Friday, November 7, 1{| See No Increase in Quota for Some Time London, Nov. 6. — It is au- thoritatively understood here that there will be no increase in the existing quota percent- ages for some years. No of- ficial statement on the matter is expected. The information is believed to indicate the prob- able attitude of the Govern- ment toward any demand of exhibitors for amendment to the existing quota figures. Selznick Remaining On U.A. Head Talks With current conferences looking to the naming of a new United Ar- tists president reported to be making satisfactory progress, David O. Selz- nick has abandoned earlier plans for returning to the Coast this weekend and will remain here another week or 10 days to continue the conversations, it was learned yesterday. The current conferences, it was said, despite their present promising nature, show^ no indication of reaching a decisive stage immediately. Personal Mention JOSEPH I. BREEN, RKO studio »J head, is expected to arrive from the Coast today for a home office visit. • Howard Dietz, Loew's advertising and publicity director, is due back from the Coast today. • Arthur W. Kelly will arrive from the Coast this weekend. • Norman Moray, short subjects sales head for Warners, returns Mon- day after a business tour. DAVID ROSE, Paramount man- aging director for Great Britain, and John Ojerholm, head of the company's British laboratory, are ex- pected to arrive from London toward the end of the month. • Leo F. Samuels, foreign managei for Walt Disney Productions, is re- cuperating in the Park East Hospital following an operation. • Leah Klar, formerly Roxy's secre- tary for many years, has resigned her position with RKO. NEW YORK THEATRES RADIO CITY MUSIC HALL 50th St. & 6th Ave. CHARLES BOYER . MARGARET SULLAVAN "APPOINTMENT FOR LOVE" A Universal Picture ON THE GREAT STAGE: "AUTUMN LEAVES" — a merry fall festival . . . produced by Leonidoff. Symphony Orchestra, direction of Erno Rapee. 1st Mezzanine Seats Reserved Circle 6-4600 Paramount 0llk u Presents »0D Hope Faulette Goddard "NOTHING BUT THE TRUTH" PARAMOU IN PERSON THE ANDREWS SISTERS JOHNNY LONG AND BAND UT TIMES PM SQUARE CARMEN CESAR ALICE JOHN MIRANDA ROMERO FAVE-PAVNE WEEK-END in HAVANA' PLUS A BIG D Y V 7th Ave. STAGE SHOW KvAT & 50th St. Name Committee on Canada Price Rule Toronto, Nov. 6. — A committee headed by J. J. Fitzgibbons, president of Famous Players Canadian Corp., was appointed at a meeting of all branches of the industry here to deal with the orders of the Dominion Gov- ernment pegging admission prices and wages for the duration of the war. No resolution of protest was drawn up covering either subject, but the committee was empowered to nego- tiate with the War Time Prices and Trade Board and the Labor Control Board on the developments. General regulations have been received, but the industry has not yet had specific or- ders for the application of the control, when the theatres would be in a posi- tion to present their case. It is understood the maximum ad- mission order, effective Nov. 17, would not include film rentals. The committee comprises the officers of the Motion Pictures Section of the To- ronto Board of Trade, of which N. A. Taylor is president, Louis Rosenfeld of Columbia is vice-president, Harry Alexander represents exhibitors and J. P. O'Loghlin distributors, in addi- tion to Ben Geldsaler of Famous Players, and F. T. Tolchard, Board of Trade secretary. B WAY & 47th St. PALACE Ann Sheridan - Jack Oakie "NAVY BLUES" plus 'MOON OVER HER SHOULDER' Lynn Bari BROADWAY d™ 20th Century-Fox presents "HOW GREEN WAS MY VALLEY" United KIU f\ I I Broadway Artists K I ▼ W L I at 49th St. Continuous Pop. Prices. Midnight Shows. Indiana AT O Will Meet on Nov. 17-18 _ Indianapolis, Nov. 6.— The Asso- ciated Theatre Owners of Indiana will hold its 15th annual convention at the Hotel Antler here Nov. 17 and 18. Industry leaders are expected to discuss current exhibition problems. On Monday evening, Nov. 17, the Variety Club of Indianapolis has ar- ranged a cabaret and supper party. Business sessions will be held on both Monday and Tuesday, and the con- vention will close with the annual banquet Tuesday evening in the ball room of the hotel. Complaint Is Filed With Phila. Board Philadelphia's fourteenth complaint was filed at the arbitration board there yesterday by Lewen Pizor and Herman Coane, operators of the Col- onial Theatre, Phoenixville, Pa. The complaint names all five con- senting companies and seeks a reduc- tion to 21 days of the Colonial's pres- ent clearance of 28 days after Phila- delphia first runs. The complaint is the second filed by Pizor, a local exhibitor leader and an officer of MPTOA. The first, on behalf of his Tioga Theatre, was withdrawn last week following a settlement. Services for Einfeld Kin Held Here Today Funeral services will be held at 11 A.M. today at Universal Chapel, 52nd St. and Lexington Ave., for Samuel Band, 71, father-in-law of S. Charles Einfeld, advertising and publicity di- rector for Warners. Band died Wednesday in New York Hospital after an illness of two months. He was one of the founders of the steam laundry business in New York. He is survived, in addition to Mrs. Einfeld, by his widow, Annie; two sons, Philip and Emanuel, and two other daughters, Mrs. Sylvia Rosner of Washington, and Mrs. Ruth Silver- stein of Flushing. Cincinnati Club Will Elect Officers Nov. 17 Cincinnati, Nov. 6. — The local Variety Club will hold its annual election Nov. 17, with installation of officers on Dec. 1. As a means of stimulating activity in the club, the board of trustees has decided to extend an invitation to members of casts of legitimate shows playing here to attend a midnight lunch in the club's quarters on Friday nights. Club members will participate in the affairs. Leo Braun Funeral Will Be Held Today Funeral services for Leo Braun, manager of Paramount's film library at the exchange here, will be held at 2 P.M. today at the Cooke Funeral Home, 190th St. and Jerome Ave., with burial following at the Mount Hope Cemetery, Westchester. He had been with Paramount for 22 years. Braun died Tuesday, which was his 49th birthday, at his home in the Bronx. Surviving are his wife, Mrs. Hattie Martins Braun ; a son, Stan- ford C. Braun ; two sisters, Gussie and Sylvia, and two brothers, Charles and Rudolph. Newsreel Parade HP HE weekend issues have a star. ■*■ out subject in a naval air pair with a North Atlantic convoy. Amoi the sports items is the corn husk in contest in Tonica, III. The reels afi their contents : MOVIETONE NEWS, No. 18-Air p. m North Atlantic. Secretary Knox on / pirates" in Virginia. U. S. submarine^ the Allies in Connecticut. Japanese in Si tie from Nippon. Corn huskers in Ulino Fifth Avenue fashions. Packers-B football. Champion horses on Pacific : Roller skating derby in Chicago. NEWS OF THE DAY, No. Z16— No Atlantic convoy. Mayor LaGuardia elected. Soviet war films. Duke of Glouc ter in Gibraltar. East side kids a Duchess of Windsor in New York. Co husking in Illinois. Steeplechase at Be mont. PARAMOUNT NEWS, No. 21 — U. transfers submarines to Allies in Connect cut. British cruiser in Rio port. Coi huskers contest in Illinois. Japanese evaci ate San Francisco. Mt. Rushmore Memc rial completed. LaGuardia wins third terr. Auction metaphysician's estate in Oakd N. Y. North Atlantic patrol. RKO PATHE NEWS, No. 21 — Nan planes on convoy duty. Allies receive U subs in Connecticut. Nazi prisoners Russia. New Japanese cabinet. Japane. quit San Francisco. Finish Mt. Rushmot Memorial. Corn husking in Illinois. Ska ing derby in Chicago. UNIVERSAL NEWSREEL, No. 30 Naval air patrol in North Atlantic. Japa ese cargo arrives in Brazil. Washingti troops in review. Fashions in New Yor Chimpanzee and turkeys in Buffalo. Roll skating in Chicago. Corn husking in III nois. Steeplechase at Belmont. Carmer President Of Authors' Guih Carl Carmer has been elected presi dent of the Authors' Guild for a two year term. Manuel Komroff was elected vice-president, and Helet Hull, secretary. Named to the guild council are Bernard DeVoto, Walter D. Ed monds, Henry F. Pringle, Carl Sand burg, Oscar Schisgall, Emma G Sterne, Arthur Train, Jr., Mark Var Doren, Margaret Widdemer, Thyra S. Winslow, Arthur L. Zagat. Guilt representatives elected to the Authors League council are: Louis Adamic Stephen Vincent Benet, Elmer Davis Inez Haynes Irwin, Will Irwin, Dennis T. Lynch, Albert Maltz, Wil- liam Brown Meloney, Nathanie Peffer, Oscar Schisgall, Lymar Beecher Stowe, John Vandercook. Ostrow Leaves 20th-Fox Hollywood, Nov. 6— Lou Ostrow, associate producer at 20th Century- Fox, will leave the studio this week. Ostrow produced four films for the company. Cancel 'Chan' Series Hollywood, Nov. 6. — A decision to cancel the "Charlie Chan" series with a final one, "Castle in the Desert," was announced by 20th Century-Fox today. 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 Picture Almanac and Fame. En- tered as second class matter, Sept. 23, 1938 at the post office at New York, N. Y., under the act of March 3, 1879. Subscrip- tion rates per year $6 in the Americas and $12 foreign. Single copies 10c. with Irene Bordoni Dona Drake featuring 100 Louisiana Belles • Directed by Irving Cummings • Screen Ploy by Jerome Chodorov & Joseph Fields* Based on the Musical Comedy byMorrie Ryskind • From a story by B. G. De Sylva Music and Lyrics by Irvina Berlin ' m Friday. November 7, 1941 Motion Picture Daily s (Theatres Collected ($943,684 for U.S.O. Browne, Bioff Guilty on All Counts, Face Thirty Years (Continued from page 1) {participated in the original campaign jat the time of the formation of L'. S. O. Slid, therefore, did not take part in the Kter U. S. O. theatre drive. RKO Pathe News photographed (the presentation of the check to Dewey Bd that theatre patrons will have an jlUAiruinity to learn in the theatre of r^ftesults of the drive and their con- Nmtions. I Bernhard credited the success of the ■ampaign to the support of the trade Kapers and to the 31 teams of co- phairmen. Each team was made up of jan outstanding exhibitor and branch Sianager in each of the 31 key cities. ■ ho directed the U. S. O. committees i in the held. The campaign also was Kited as the most successful industry- Bide endeavor on record, both in thea- Bre enrollments and in net money sjaised. I Ed Kuykendall, Martin G. Smith land Nathan Yamins were co-chairmen mi the drive. Other officials were : ,Abe Montague, chairman, distribu- ters' committee ; Maurice Kann, chair- pan, trade paper committee ; Herman Robbins, chairman, trailer committee. IStf'd Leonard Goldenson and Montague iCowthorpe, treasurers. A. P. Wax- man was chairman of the ways and cieans committee and Harry Goldberg fj*as vice-chairman. 'Valley', 'Soldier' Top Big B'way Mark (Continued from page 1) estimated at $18,000. The film starts its second week today. "How Green Was My Valley" for its first week ending Tuesday night rolled up an estimated $40,000. | At the Music Hall, "You'll Never Get Rich" with a stage show ended its second week with an estimated $81,000 and was replaced yesterday By Universale "Appointment for Love." "Belle Starr" with a stage ■how at the Roxy had an estimated I $41 ,000 and bowed out last night. "Week-End in Havana" opens today. I "Ladies in Retirement" opened at Kie Capitol yesterday following the five-week run of "Honky Tonk," fthich in its last week drew an esti- mated $16,500. The third week of "Sergeant York" and Phil Spitalny's orchestra at the Strand was good for jan estimated $29,500. The show be- gins its fourth and final week today. "International Squadron" is scheduled (to open Xov. 13. The third week of "Target for To- right" at the Globe brought an es- timated $4,200. The film plays an extra day today and will be replaced (tomorrow by "Frightened Lady." "Never Give a Sucker an Even Break" completes its second week at ithe Rialto tonight with an estimated If 5,000 expected. "South of Tahiti" Ifoes in tomorrow. Discontinue Spaeth Suit I Discontinuance of a $500,000 libel luit brought by Sigmund Spaeth against Warners has been filed in sLj. S. District Court. No reason for the discontinuance was disclosed. Spaeth claimed a part in the film. "Naughty But Nice," was a take-off which ridiculed him. (Continued from page 1) heard Mathias F. Correa, U. S. At- torney, denounce the defense argu- ments as a series of "spurious issues and red herrings." Correa made 1 ointed and repeated reference to the fact that neither the attorney for Bioff or Browne in summation had adverted to Bioff's testimony that he had acted as "messenger." Correa characterized Bioff as a "raving egomaniac" and said the defendant had taken a "leaf out of Hitler's book in deciding to tell a lie so big some people might believe him." Correa charged that Bioff himself had urged the com- panies to use expense vouchers to cover up the extorted pay- ments. "Bioff was writing a little insurance for himself for the day when Browne's power failed. Then it would be black- mail instead of extortion." Care- fully tracing the course of the testimony, Correa asserted that it "is my claim that the whole story was concocted after they heard the Government's case." He said he did not justify the fail- ure of industry executives in not re- porting the extortion to the proper authorities but said he could under- stand it because "they knew they were dealing with the boys from Chicago." As for the social relations, Correa told the jury: "Put yourselves in the place of these men. They had to do with a racketeer — a Chicago hoodlum. What could you do if a Chicago hood- lum came to the house for a cup of tea?" Correa said that he thought the payment by Joseph M. Schenck of Bioff's transportation to Rio de Jan- iero and Europe was part of a "petty shakedown," not a gift, and that the $100,000 transaction was not a loan but part of the general extortion pat- tern. Correa said that he did not know what the stock transaction with Murray W. Garrson was but said it "might have been a tax dodge." The prosecutor did not spare Browne. He pointed out that Browne Stars at Premiere Of 'Lady* Monday A number of industry personalities are expected to attend the opening of the Edward Small-United Artists production, "International Lady," at the Criterion Monday night. Among them are Walter Wanger, Lana Tur- ner, Bruce Cabot, Adrienne Ames, Lanny Ross, Hildegarde, Linton Wells, Sheila Barrett, Louis Hay- wood and Desi Arnaz. Ilona Massey, will make a personal appearance. Schenck Appeal Dec. 15 Argument of the appeal from a ver- dict convicting Joseph M. Schenck and Joseph H. Moskowitz of charges of tax evasion was postponed yester- day by the U. S. Circuit Court of Appeals to Dec. 15. Metro Buys Story Hollywood, Nov. 6. — M-G-M has acquired film rights to "Shadow of a Lady," unpublished story by the Hun- garian writer, Laidslaus Fodor. brought Bioff into the IATSE and said the union president supplied Harry Beatty as the man to whom Smith & Aller could make payments. Correa noted that the testimony con- cerning Browne was uncontradicted and that Bioff used Browne's name in extorting money from C. C. Mosko- witz. Judge Knox charged the jury in a steady, low voice. He made little ref- erence to the testimony in the case and concerned himself mainly with the rights of defendants in criminal cases. He charged the jury that if they thought industry executives had bribed the defendants, instead of hav- ing the money extorted under threats, then the verdict must be an acquittal. There was a brief flurry about half an hour after the jury filed out to deliberate but it was found that the jurymen wished to inspect a copy of the indictment. Each count calls for a minimum of one year and a maxi- mum of 10, plus the fines. The sen- tences may be ordered to run con- secutively or concurrently, within the discretion of the judge. Stockholder Sues W. B. Officials on Bioff Money Los Angeles, Nov. 6. — A suit to recover from William Bioff $181,000 allegedly paid him by Warner offi- cials was filed in Los Angeles Supe- rior court by Lester Rankin, a War- ner stockholder. The action seeks an accounting from Warner officials preparatory to a re- covery of the money from Bioff, which, Rankin's suit charges, was paid the IATSE representative to "pre- vent physical damage" to Harry M. Warner. Named in the suit in addi- tion to Harry M., Albert and Jack L. Warner, were Joseph Bernhard, Rob- ert W. Perkins, Waddell Catchings, Morris Wolf, Sam E. Morris, Sam- uel Carlisle, C. S. Guggcnheimer, di- rectors, and several "John Does." Rankin charges that the Warner board of directors authorized the pay- ments and was under the domination of Warner Bros. 'Skylark9 to Open Red Cross Center Paramount's "Skylark" has been se- lected by the National Red Cross as the picture which will open the Red Cross recreation center at Fort Mon- mouth, N. J., on Tuesday, Armistice Day. The center is the first of many to be opened for shut-ins. The open- ing ceremonies at Fort Monmouth will be attended by high Army offi- cials, Red Cross notables and screen personalities. The film opening was arranged by Hampton WT. Howard, director of the Hospital Motion Picture Service for the National Red Cross, as part of a deal whereby major companies will supply films for the recreation centers. Altec, Roxy in Deal Altec Service has been appointed to service the sound projection equip- ment of the Roxy Theatre. Irving Lesser, managing director, and Jerry H. Littenberg, Altec supervisor, nego- tiated the deal. Quebec Blackout Set for Tuesday Montreal, Nov. 6.— The test blackout of Quebec has been scheduled for next Tuesday, Remembrance Day in Canada, from 9:45 to 10:30 P.M. Penalties will be levied for failure to cooperate with the Civil Protection Committee. An important test, it is ex- pected to have an effect on theatre grosses. Defer Action on Tax On Salary at Source (Continued from page 1) on all salaries and wages, to be col- lected at the source through employ- ers in the same way as Social Se- curity taxes now are collected. The proposed new system would re- place the present one of having tax- payers account for all income after the close of the year. Provision would be made for the deduction of per- sonal exemptions in the computation by employers of the amount of tax to be deducted from pay checks, but details have not yet been made pub- lic. The Treasury is seeking immediate consideration of the proposal so that the new tax could go into effect next Jan. 1. The program also provides for an increase in the Social Security taxes of one per cent each on em- ployer and employe for old-age in- surance and the imposition of one per cent on employes for unemployment compensation. Scope of the program is variously estimated at from $4,500,000,000 to $6,000,000,000 and would run the tax burden of the country up to 18 billion or better. So far as can be ascer- tained, no consideration is being given to further increases of the admission or other nuisance taxes. Six Plays to Open On B'way in Week (Continued from page 1) Dark Horse," an adaptation by Ther- esa Helburn of a French play, at the Golden. Donald Blackwell and Ray- mond Curtis are the producers. Ce- celia Loftus and Walter Slezak are in the cast. Reginald Denham's production of "Play With Fire," by Edward Percy, opens next Saturday at the Long- acre. Top billing goes to Henry Hull and Horace MacMahon. UA Closes Midwest Deals With Circuits A number of circuit deals have been closed in the Chicago territory on United Artists product, accord- ing to Charles Stern, district man- ager there, reporting to Haskell M. Masters, Western general sales man- ager. Ben Eisenberg is Chicago branch manager. The circuits signed include : F. W. Anderson, Reinheimer, Jack Rose, Jacob Lasker, Joseph Stern, Van Nomikas, Essaness, Great States and Warners. A deal also was completed with the Balaban & Katz first run houses in Chicago. 6 Motion Picture Daily Friday, November 7, 1941 'Business' at $10,900 Gets Denver Lead Denver, Nov. 6. — "Unfinished Busi- ness" on a dual bill at the Fox Denver drew $10,900, while "Nothing But the Truth" at the Denham in its third week took $8,000. Estimated receipts for the week ending Oct. 28-31 : "Sergeant York" (W.B.) ALADDIN— (1,400) (40c-50c-60c) 7 days, 2nd week. Gross: $4,00. (Average, $2,000) "Lady Be Good" (M-G-M) "The Gay Falcon" (RICO) BROADWAY— (1.040) (40c-50c) 7 days, 2nd week. Gross: $2,300. (Average, $2,500) "Nothing But the Truth" (Para.) "Flying Blind" (Para.) DENHAM— (1,750) (25c-35c-40c) 7 days, 3rd week. Gross: $8,000 (Average. $6,400, "Unfinished Business" (Univ.) "Tanks a Milion" (U.A.) DENVER — (2.600) (25c-35r -40c) 7 days. Gross: $10,900. (Average, $8,700) "Honky Tonk" (M-G-M) "Mexicar Spitfire's Babv" (RKO) ORPHEUM— (2,600) (25c-35c-40c) 7 days. Gross: $9,000. (Average, $8,700) "Never Give a Sucker an Even Break" (Univ.) "Flying Cadets" (Univ.) PARAMOUNT— (2200), (25c -40c) 7 days. Gross: $4,800. (Average, $3,800) "Weekend in Havana" (2flth-Fox) "Blond from Singapore" (Col.) RIALTO— (900) (25c-40c) 7 days, 3rd week. Gross: $2,500. (Average, $2,100) Charter Ford Company Sacramento, Nov. 6. — Articles of incorporation have been filed by Charles E. Ford Productions to pro- duce motion pictures. Directors are Stanley N. Gleis, Mark E. O'Leary and Helen Wells, all of Los Angeles. Review "Playmates" (RKO) HERE both Kay Kyser and John Barrymore continue with the roles they have been playing in their recent pictures. Kyser is the com- bination band leader and comedian and Barrymore has a grand time playing Barrymore and making a fool of himself. Although he despises Kyser, Barrymore finds it necesary to attempt to teach him how to play Shakespeare. David L. Butler, the producer and director, stretched out the situation for over an hour and a half of running time. Some of the early scenes are dull but many audiences will enjoy the comedy, and the five musical sequences, which are worked into the plot with more than usual dex- terity, will satisfy all. The tWo highpoints of the film are a dream sequence in which Kyser is a matador and fights a bull having the head of Barrymore and the finale in which a modernized play of Shakespeare is presented. The cast includes Patsy Kelly, Barrymore's press agent; Lupe Velez, who dances one number ; May Robson, playing Kyser's grandmother ; Peter Lind Hayes, George Hayes, featured members of the band — Harry Babbitt, Ish Kabibble, Sully Mason and Ginny Sims, the singer, who does very well, singing in a pleasing manner several songs. "Humpty Dumpty Heart," "How Long Did I Dream," "Thank Your Lucky Stars and Stripes," "Romeo Smith and Juliet Jones" and "Que Chica" are the featured songs. Running time, 96 minutes. "G."H M. Q. Jr. *"G" denotes general classification. To Try Stage Shows New Haven, Nov. 6. — The 2,348- seat Paramount will have a stage show on Dec. 5, starring Jimmy Lunceford and Bill Robinson. The show is an experiment which may re- sult in occasional vaudeville shows at this house. 'Business,' 'Blues' Set Pace in Detroit Detroit, Nov. 6. — "Unfinished Busi- ness" and "Great Guns" at the Fox grossed $17,500 during the past week while the Michigan grossed $14,500 with "Navy Blues" and "My Life With Caroline." Estimated receipts for the week ending Oct. 30 : "A Yank in the R.A.F." (20th-Fox) "We Go Fast" (20th-Fox) ADAMS— (1,600) (15c -39c -44c -55c) 7 days. Gross: $7,000." (Average, $5,500) "That Hamilton Woman" (U. A.) "Here Comes Mr. Jordan" (Col.) FISHER— (2,700) (15c-39c-44c-55c) 7 days Gross: $6,500. (Average. $7,000) "Unfinished Business" (Univ.) "Great Guns" (20th-Fox) FOX— (5,000) (20c-44c-55c-65c) 7 days. Gross: $17,500. (Average, $15,000) "Navy Blues" (W. B.) "My Life With Caroline" (RKO) MICHIGAN— (4.000) ( 1 5c - 39c -44c - 55c - 65c) 7 days. Gross: $14,500. (Average, $12,000) "Nothing But the Truth" (Para.) "Underground" (W. B.) PALMS— (2,000) (25c-39c-44c-55c) 7 days. Gross: $7,500. (Average, $7,000) "Honky Tonk" (M-G-M) "Wedding Day" (M-G-M) UNITED ARTISTS— (2,800) (20c-39c-44c- 55c) 7 days. Gross: $10,000. (Average, $10,- 000) w Released thru United Artists 'Truth' and 'York' Big in Indianapolis Indianapolis, Nov. 6. — "Nothing But the Truth" and "Buy Me That Town" did $9,500 at the Indiana. "Sergeant York" in its second week at the Circle took the the same sum. The weather was cool. Estimated receipts for the week ending Oct. 31 : "Sergeant York" (W. B.) CIRCLE— (2,800) (28c-33c-44c) 7 days, 2nd week. Gross: $9,500. (Average, $6,500) "Nothing But the Truth" (Para.) "Buy Me That Town" (Para.) INDIANA— (3.200) (28c-33c-44c) 7 days. Gross: $9,500. (Average, $7,000) "Our Wife" (Col.) "Ladies in Retirement" (Col.) LOEWS— (2,800) (28c-33c-44c) 7 days. Gross: $6,500. (Average, $8,000) "A Yank in the R.A.F." (20th-Fox) "Charlie Chan in Rio" (26th-Fox) LYRIC— (2,000) (28c-33c-44c) 7 days, 3rd week. Gross: $3,800. (Average, $4,500) 'Falcon' Gets Good $17,000 Philadelphia Philadelphia, Nov. 6— With hold- overs and second runs dominating the downtown activity, grosses were down. "The Maltese Falcon" led the field, giving the Fox $17,000. "Sergey York" was strong and "Honky JcG, > at the Boyd drew $15,000 in its tfiW week. Estimated receipts for the week ended Oct. 28-31 : "Sergeant York" (W. B.) ALDINE— (1,000) (46c-57c-75c) 7 days. 2nd week. Gross: $14,500. (Average, $9,000) "When Ladies Meet" (M-G-M) ARCADIA— (600) (35c-46c-57c) 9 days, 2nd run. Gross: $3,400. (Average, $2,600) "Smilin' Through" (M-G-M) BOYD — (2,400) (35c-41c-46c-57c-68c) 7 days. Gross: $12,000. (Average, $13,000) "Father Takes a Wife" (RKO) EARLE — (4,000) (35c-41c-46c-57c-68c) 7 days. Vaudeville, including Ted Lewis' or- chestra, George Rogers Dancers, Blair Sisters, Jean Blanche, Dorothy Roger, Louise Glenn, June Edwards and Charlie (Snowball) Whittier. Gross: $18,000. (Aver- age, $14,000) "Three Sons O'Guns" (W. B.) FAY'S — (2,190) (15c-29c-3Sc-46c-57c) 7 days. Vaudeville, including Georgia Sothern, Bert Walton, Ben Yosts Six Mimic Men, Spencer & Foreman, Martin Bros. & Elaine, Gae Foster Roxyettes, Billy Klaiss' orchestra. Gross: $7,600. (Average, $6,900) "The Maltese Falcon" (W. B.) FOX-(3,000) (35c-41c-46c-57c-68c) 7 days. Gross: $17,000. (Average, $13,000) "Lydia" (U. A.) KARLTON — (1,000) (35c-41c-46c-57c-68c) 7 days, 2nd run. Gross: $4,000. (Average, $3,000) "A Yank in the R.A.F." (20th-Fox) KEITH'S— (2,200) (35c-41c-46c-57c-68c) 7 days, 2nd run, 2nd week. Gross: $4,000 Average, $4,500) "Honky Tonk" (M-G-M) STANLEY— (2,700) (35c-41c-46c-57c-68c) 7 days, 3rd week. Gross: $15,000. (Average, $14,000) "Texas" (Col.) STANTON-(1,700) (35c-46c-57c) 7 days, 2nd week. Gross: $4,500. (Average, $4,500) 'Honky Tonk9 Gets $11,500 in Buffalo Buffalo, Nov. 6. — A good week found "Honky Tonk" still on top with $11,500 in a second week at the Hip- podrome. "The Gay Falcon," aided by vaudeville, took $14,700 at the Twentieth Century. Estimated receipts for the week end- ing Nov. 1 : "Belle Starr" (2ftth-Fox) "Great Guns" (20th-Fox) BUFFALO— (3,489) (35c-55c) 7 days. Gross: $10,000. (Average, $12,000) "When Ladies Meet" (M-G-M) "Niagara Falls" (M-G-M) GREAT LAKES— (3,000) (35c-55c) 7 days. Gross: $10,000. (Average, $7,500) "Honky Tonk" (M-G-M) HIPPODROME-(2.10O) (35c-50c) 7 davs. 2nd week. Gross. $11,500. (Average, $6,800) "The Gay Falcon" (RKO) TWENTIETH CENTURY-(3.000) (35c- 55c) 7 days. "Pan American Follies" on stage, with Count Berni Vici and orchestra. Meyer Balsom and orchestra, Paul Kirk- land & Co., Smith, Rogers & Eddy, Keat- ing & Armfield, Sandy Lang & Co., Da- nille & Corinne, Mary Pojo, Jack York, Jerry at the Novachord and Charlotte at the electric organ. Gross: $14,700. (Aver- age. $7,500) "You'll Never Get Rich" (Col.) "Harmon of Michigan" (Cel.) LAFAYETTE— (3.000) (30c-50c) 7 days. Gross: $9,000. (Average. $6,300) WB Two-Reelers Planned Hollywood, Nov. 6. — Warners will take two series of story properties, formerly used for features, and make them into series of two-reelers. They are the Penrod stories by Booth Tark- ington and the Torchy Blane stories by Frederick Nebel. B. Reeves Eason will direct the subjects. TEAMWORK ALL three Eastman negative films con- tribute to the over-all excellence of today's productions. Although they specialize in different fields, they join forces readily because of one impor- tant attribute enjoyed in common — unvarying high quality. Eastman Kodak Company, Rochester, N. Y. J. E. BRULATOUR, INC., Distributors Fort Lee Chicago Hollywood PLUS-X SUPER-XX for general studio use when little light is available RACKGROUXD-X for backgrounds and general exterior worh EASTMAN NEGATIVE FILMS 1 WARNERS International Squadron (D) 106 Ronald Reagan (1941-42) The Maltese Falcon (D) 107 H. Bogart Mary Astor (1941-42) One Foot in Heaven (D) 108 Fredric March Martha Scott u t be t *■ t«S* 31 |_ O 01 Blues in the Night (M) Priscilla Lane Betty Field nQ41.49\ i UNIVERSAL Never Give a Sucker An Even Break (C) W. C. Fields (1941-42) Burma Convoy (D) South of Tahiti (D) (1941-42) Flying Cadets (D) 6028 William Gargan Edmund Lowe (1941-42) Appointment for Love (D) Charles Boyer M. Sullavan (1941-42) Swing It Soldier (C) Ken Murray F. Langford (1941-42) Paris Calling (D) Scott-Bergner (1941-42) Moonlight in Hawaii (C) 1941-42 Quiet Wedding (C) M 04 1.491 Keep 'Em Flying (C) Abbott-Costello Martha Raye Don't Get Personal (C) Hugh Herbert (1941-42) Destiny (D) Claude Rains Bela Lugosi (1941-42) Melody Lane (C) Road Agents (D) (1941-42) Hellzapoppin' (C) Olscn-Johnson (1941-42) < S3 New Wine (M) Ilona Massey Alan Curtis (1941-42) Niagara Falls (C) (Streamliner) Tom Brown (1941-42) Sundown (D) All American Co-Ed (C) (Streamliner) Corsican Brothers (D) Miss Polly (C) (Streamliner) (1941-42) Twin Beds (C) Fiesta (M) (Streamliner) (1941-42) The Gold Rush (Re-Issue) Chas. Chaplin (1941-42) 20TH-FOX Great Guns (C) 212 Riders of the Purple Sage (1941-42) Weekend in Havana (M) 214 Faye-Miranda (1941-42) Moon Over Her Shoulder (C) 215 Lynn Bari Small Town Deb (C) 217 Jane Withers Jane Darwell (1941-42) Hot Spot ! (D) 216 Grable-Landis Vic Mature (1941-42) Rise and Shine (C) 219 Jack Oakie Geo. Murphy (1941-42) Cadet Girl (D) 220 Marry the Boss' Daughter (C) (1941-42) Swamp Water (D) 218 Huston-Brennan Dana Andrews (1941-42) Confirm or Deny (D) 222 Don Ameche Joan Bennett (1941-42) Perfect Snob (C) 223 Lynn Bari Cornell Wilde (1941-42) RKO RADIO Bandit Trail (O) 281 Tim Holt (1941-42) All That Money Can Buy (D) 205 Arnold-Huston (1941-42) Gay Falcon (D) George Sanders 206 (1941-42) Dumbo (Disney Feature) 293 (1941-42) Unexpected Uncle (C) Chas. Coburn Anne Shirley (1941-42) Suspicion (D) 208 Cory Grant Joan Fontaine (1941-42) Look Who's Laughing (C) Edgar Bergen McGee & Molly (1941-42) Mexican Spitfire's Baby (C) Errol-Velez Dude Cowboy (O) 282 Weekend for Three (C) 211 (1941-42) Playmates (C) 212 Kay Kyser Band J. Barrymore (1941-42) REPUBLIC Mercy Island (D) 110 Ray Middleton Gloria Dixon (1941-42) Down Mexico Way (O) 042 Jesse James at Bay (O) (1941-42) Gauchos of Eldorado (O) 162 3 Mesquiteers (1941-42) Public Enemies Philip Terry Wendy Barrie (1941-42) The Devil Pays Off (D) /. E. Bromberg (1941-42) Sierra Sue (O) 143 Gene Autry Smiley Burnette (1941-42) Missouri Outlaw (O) 173 Don Barry (1941-42) Tuxedo Junction (C) The Weavers (1941-42) Behind Broad- way Lights (D) James Ellison (1941-42) Red River Valley (O) Roy Rogers Gabby Hayes (1941-42) West of Cimarron (O) 3 Mesquiteers (1941-42) PRC Jungle Man 126 (D) Buster Crabbe (1940-41) Hard Guy 205 (D) Jack LaRue (1941-42) Billy the Kid Wanted 257 (O) Buster Crabbe (1941-42) Mr. Celebrity 114 (D) Buzzy Henry James Seay (1940-41) Lone Rider Fights Back 168 (O) George Houston , (1940-41) Miracle Kid 213 (D) Vicki Lester (1941-42) Swamp Woman 230 (D) Ann Corio Jack La Rue (1941-42) Billy the Kid's Kound-Up (O) 258 Buster Crabbe (1941-42) Law of the Timber (O) 215 Monte Blue (1941-42) Blonde Comet (D) Virginia Vale Robert Kent (1940-41) PARA. Nothing But the Truth (C) 4101 Bob Hope (1941-42) Henry Aldrich for President (C) 4104 Jimmy Lydon (1941-42) New York Town (D) 4105 F. MacMwrray Mary Martin (1941-42) Birth of the Blues (M) 4109 Crosby-Martin (1941-42) Skylark (C) 4107 Colbert-Milland (1941-42) Night of January 16 (D) 4106 Preston-Drew (1941-42) Glamour Boy (C) 4110 Jackie Cooper (1941-42) Among the Living (D) 4108 Albert Dekker (1941-42) MONO. Stolen Paradise (D) Tonto Basin Outlaws (O) (1941-42) Top Sergeant Mulligan (D) Nat Pendleton (1941-42) Spooks Run Wild (D) Bela Lugosi (1941-42) Riding the Sunset Trail (O) Tom Keene (1940-41) Siren of the South Seas (Re-issue) (1941-42) Underground Rustlers (O) Range Busters (1941-42) Forbidden Trails (O) Rough Riders (1941-42) Borrowed Hero (D) Florence Rice (1941-42) Boy of Mine (D) John Boles (1941-42) Riot Squad (D) R. Cromwell (1941-42) M-G-M Honky Tonk (D) 204 Clark Gable Lana Turner Married Bachelor (C) 205 Robert Young Ruth Hussey Smilin' Through (M) 206 /. MacDonald Gene Raymond Feminine Touch (C) 207 R. Russell Don Ameche . The Chocolate Soldier (M) 208 Nelson Eddy Rise Stevens Unholy Partners (D) 209 Edw. G. Robinson Edw. Arnold Shadow of the Thin Man (D) 210 Wm. Powell Myrna Loy Two-Faced Woman (C) 211 Garbo -Douglas COLUMBIA Texas (O) Wm. Holden Claire Trevor (1941-42) Blonde from Singapore (D) Roaring Frontiers (O) (1941-42) 3 Girls About Town (C) Joan Blondell Binnie Barnes (1941-42) You Belong to Me (C) B. Stanwyck Henry Fonda (1941-42) The Stork Pays Off (C) M. Rosenbloom Rochelle Hudson (1941-42) Secrets of the Lone Wolf (D) Warren William (1941-42) xne men in Her Life (D) Loretta Young Conrad Veidt (1941-42) Go West Young Lady (C) P. Singleton (1941-42) Supper (C) /. Falkenburg Buddy Rogers (1941-42) 3 Bedtime Story (C) Fredric March Loretta Young (1941-42) Harvard, Here I Come (C) M. Rosenbloom (1941-42) i o o i £ O o ^ O n 1" 5 s 2 W IT) Q | a rt THESE THREE have made RKO RADIO'S great Thanksgiving Week attraction for first runs everywhere! The most exciting and suspense ful love story ever to thrill the nati^n c* on s millions GCARY rant JOAN • rontaine From the Novel, " Before The Fact " DIRECTED BY Alfred HITckcock With SIR CEDRIC HARDWICKE NIGEL BRUCE • DAME MAY WHITTY Screen Play by Samson Rapnaelson, Joan Harrison, Alma Reville A love story as deep as the human heart —as exciting as your favorite mystery story! BACKED BY SENSATIONAL NATIONAL CAMPAIGN OF FULL-PAGE ADS REACHING 70,000,000 READERS OF 14 MAGAZINES INCLUD- ING LIFE, LOOK, RED BOOK, COLLIERS AND FAN PUBLICATIONS. HO RADIO , Friday, November 7, 1941 Motion Picture Daily 11 The Safe Way Montreal, Nov. 6. nURGLARS broke into the -D Centre Theatre yesterday morning and walked off with a safe weighing 350 pounds. The intruders forced open a fire exit and apparently de- parted, safe and all, the same way. The management placed the loss at several hundred dollars in cash in addition to .business papers. See 3rd Dimensions Likely on New Film Cambridge, Mass, Nov. 6. — A new film material which makes practicable the presentation of third dimensional motion pictures with the present stan- dard theatre equipment has been de- veloped here recently, according to Edwin H. Land of the _ Polaroid Corp., Cambridge, in an article in the J ntrnal of the Optical Society of Am- erica. Land states that the new film, being kept secret by the Government for military reasons, requires the use of viewing glasses, which he believes can be made at very' little cost. In the process of achieving the third di- mension, he states, two different photographs are placed on the new film, one on top of the other. One is developed on the front side of the film, which is transparent, and the other on the back. Using the spec- tacles, one eye can see the first pic- ture and the other eye can see the sec- ond. Unless the glasses are used only a blur is visible. In taking the pictures a camera ' with two lenses, spaced about the same distance apart as the human eyes, is used. Thus, each lens takes I a separate picture. The photos are developed separately and then trans- ferred one on top of the other to the new film. Touch' St. Louis' Best with $15,000 St. Lot'is, Nov. 6. — Considerable rain had a dampening effect on the box-office. "The Feminine Touch" and "Unholy Partners" scored $15,000 t at Loew's. Estimated receipts for the week ending Oct. 30: "It Started With Eve" (Univ.) "Unexpected Uncle" (RKO) AMBASSADOR-(3.018) (30c-40c-50c) 7 days. Gross: $10,500. (Average, $11,500) "Unfinished Business" (Univ.) "Yank in the R.A.F." (ZOth-Fox) FOX— (5,039) (30c-40c-50c) 6 days, 3rd week for "Yank." Gross: $7,000. (Aver «s?e. 7 days, $11,000) "Weekend in Havana" (ZOth-Fox) "Sailors on Leave" (Rep.) I Missouri— (3.514) (30c-40c-50c) \ Ooss: $5,000. (Average. M.000) "Bad Lands cf Dakota" (Univ.) "Burma Convey" (Univ.) St. Louis— (4.000) (25c-35c) 7 days S3 600. (Average. $2.*00) "The Feminize Touch" (M-G-M) "Unho'y Partners" (M-G-M) LOEW'S — (3.162) (30c -40c -44c -56c) Gross: $15,000. (Average, $13,000) da j days. Denied Voting Machines Newark, N. J., Nov. 6. — Vice Chancellor John O. Bigelow here de nied the application of six members of the local operators union for voting machines in their election, and named W illiam J. Brennan, Jr., to supervise nominations and elections Dec. 9. Comedy Note Is Dominant In New Season Product (Continued from page 1) release dates are not yet set, will be added during the period. Columbia has seven comedies slated, beginning with "Three Girls About Town," with Joan Bennett and Binnie Barnes, on Oct. 24. Subsequent to that are "You Belong to Me," Henry Fonda and Barbara Stanwyck ; "The Stork Pays Off," Maxie Rosenbloom and Rochelle Hudson ; "Go West Young Lady," Penny Singleton and Glenn Ford ; "Sing for Your Supper," Buddy Rogers ; "Bedtime Story," Fredric March and Loretta Young, and "Harvard, Here I Come," Maxie Rosenbloom and Arlene Judge. M-G-M's list for October and November includes : "Married Bach- elor," Robert Young and Ruth Hussey ; "The Feminine Touch," Rosalind Russell and Don Ameche, and "Two- Faced Woman," Greta Garbo and Melvyn Douglas. These are in addi- tion to two musicals, "Smilin' Through," Jeanette MacDonald and Gene Raymond, and "The Chocolate Soldier," Nelson Eddy and Rise Stevens. December dates have not vet been set but it is expected that "Design for Scandal," Rosalind Rus- sell and Walter Pidgeon, will be re- leased in that month. Paramount has : "Nothing But the Truth," Bob Hope and Paulette God- dard ; "Henry Aldrich for President," Jimmy Lydon ; "Skylark." Claudette Colbert and Ray Milland, and "Glam- our Boy," Jackie Cooper, all comedies, and a Bing Crosby-Mary Martin musical. "Birth of the Blues. Republic, which injects ample por- tions of music and humor in virtually all its Westerns, has a Weaver Family vehicle, "Tuxedo Junction." coming up Nov. 28, while the RKO program from Oct. 31 to Dec. 25 comprises "Dumbo," the Disnev fea- ture : "Unexpected Uncle," Charles C'burn and Anne Shirley; "Look Who's Laughing," Fibber McGee and Molly and Edgar Bergen ; "Mexican Spitfire's Baby," Lupe Velez and Leon Errol ; "Weekend for Three," Dennis O'Keefe and Jane Wyatt, and "Play- mates," Kay Kyser and orchestra and John Barrymore. Comedy fare from 20th Century- Fox includes : "Great Guns," Laurel and Hardy ; "Moon Over Her Shoulder," John Sutton and Lynn Bari ; "Small Town Deb," Jane Withers and Jane Darwell ; "Rise and Shine," Jack Oakie and George Murphy ; "Marry the Boss' Daughter," Betty Joyce and Bruce Edwards, and "The Perfect Snob," Lynn Bari and Cornell Wilde. The company also has a musical, "Weekend in Havana," with Alice Faye and Carmen Miranda. United Artists will reissue a comedy of years back, Charlie Chaplin's "The Gold Rush," to which sound is being added. Hal Roach's "Streamliners" in the UA lineup include : "Niagara Falls," Marjorie Woodworth and Tom Brown, first on the list ; "All American Co-Ed," Frances Langford and Johnny Downs ; "Miss Polly," Zasu Pitts, and "Fiesta," a musical with Armida and Antonio Moreno. "Twin Beds," Edward Small film with George Brent and Joan Bennett, also is on the U. A. schedule. Universal lists : "Never Give a Sucker an Even Break," W. C. Fields ; "Swing It Soldier," Ken Murray and Frances Langford; "Moonlight in Hawaii," Mischa Auer and Jane Frazee ; "Quiet Wedding," Margaret Lockwood ; "Keep 'Em Flying," Abbott and Costello ; "Don't Get Personal," Hugh Herbert; "Melody Lane," Baby Sandy, and "Kellzapoppin' " with Olsen and Johnson. Warners will have available for Christmas its adaptation of the Broadway comedy success, "The Man Who Came to Dinner," with Monte Wolley, Bette Davis and Ann Sheridan. Technical Problems Slow B&K Television Chicago, Nov. 6. — William C. Eddy, chief engineer for the Balaban & Katz television station here, has returned from Washington where he discussed with officials the problem of priorities on television receivers. Technical problems have slowed the completion of the station more than shortage of materials, Eddy said. It is now on the air on an experimental basis 45 minutes daily, five days a week. Don Lee Television Using Film Footage Hollywood, Nov. 6. — The Don Lee television station, W6XAO, broadcast its first film transmission from the transmitter located atop Mount Lee, near here. A large library of film, mostly shorts obtained from commer- cial advertising film companies, and Canadian war film footage, has been obtained. The station uses 16mm. footage and occasionally makes its own newsreel for the telecasts. The station next month will celebrate its 10th anniver- sary of telecasting. Ohio 1TO Meeting To Be Held Nov. 25 Columbus, Nov. 6. — The I.T.O. of Ohio will hold its ninth annual con- vention at the Deshler Wallick Hotel here, Nov. 25 and 26, according to an announcement by P. J. Wood, secretary of the organization. Ask Approval for Southern Stations Washington, Nov. 6. — Applications for construction permits have been filed with the Federal Communica- tions Commission by John D. Ewing, for a 1,060-kilocycle, 50,000-watt sta- tion at New Orleans, and the Florida National Building Corp., for an 1,170- kilocycle, 5,000-watt station at Miami. Starts Dual Policy Cincinnati, Nov. 6. — The 1,400- seat RKO Lyric, heretofore playing moveover weeks at 28, 33 and 42 cents, has inaugurated a double feature pol- icy, with changes each Thursday. Matinee scale will be 25 cents, with a 25 and 36-cent rate evenings. Prices are plus Federal tax. 'Honky Tonk' Seattle Lead With $8,800 Seattle, Nov. 6. — "Honky Tonk" at the Paramount took a strong $8,800 co top the town and earn a holdover. The second week of "Sergeant York" at the Orpheum continued above par and the picture goes into a third week, setting a new season's record at this house. Weather was clear and cool. Estimated receipts for the week ending Oct. 31 : "Nothing But the Truth" (Para.) "Henry Aldrich for President" (Para.) BLUE MOUSE^(950) (30c-40c-58c) 7 days, 4th week. Moved from Paramount. Gross: $3,600. (Average, $4,000) "Lydia" (U. A.) "Tanks a Million" (U. A.) FIFTH AVENUE — (2,500) (30c-40c-58c- 65c) 7 days. Gross: $6,850. (Average, $7,000) "International Lady" (U. A.) "Tillie the Toiler" (Col.) LIBERTY — (1,800) (30c -40c -50c -65c) 7 days. Gross: $4,800. (Average, $5,000) "A Yank in the R.A.F." (ZOth-Fox) MUSIC BOX — (950) (30c-40c-58c-65c) 7 days, 3rd week. Moved from Fifth Ave- nue. Gross: $3,250. (Average, $4,000) "Sergeant York" (W. B.) ORPHEUM — (2,450) (40c-50c-65c) 7 days, 2nd week. Gross: $7,800. (Average, $6,- 000) "The Pittsburgh Kid" (Rep.) "Gentleman from Dixie" (Mono.) PALOMAR— (1,500) (20c-30c-40c) 7 days. Stage: Vaudeville. Gross: $5,200. (Aver- age, $5,000) "Honky Tonk" (M-G-M) PARAMOUNT — (3,050) (30c-40c-58c) 7 days. Gross: $8,800. (Average, $6,000) 'Business,' Show $21,000, Cleveland Cleveland, Nov. 6. — A personal appearance by Simone Simon on the stage of the RKO Palace aided "Un- finished Business" in rolling up a smash $21,000, while "Great Guns" reached $7,500 at the Allen. Estimated receipts for the week ending Oct. 30-31 : "Great Guns" (2ftth-Fox) ALLEN— (3,000) (33c-39c-47c) 7 days. Gross: $7,500. (Average, $4,000) "Sergeant York" (W. B.) WARNERS' HIPPODROME— (3,800) (44c-50c-60c) 7 days, 3rd week. Gross: $10,- 500. (Average at 33c-39c-47c $11,000) "Unfinished Business" (Univ.) RKO PALACE — (3,100) (33c-47c-55c) Simone Simon and "Continental Varieties" on stage. 7 days. Gross: $21,000. (Aver- age, $13,500) "Fenrinine Touch" (M-G-M) LOEW'S STATE— (3,500) (33c-39c-47c) 6 days. Gross: $10,600. (Average, 7 days, $11,000) "Smilin,' Through" (M-G-M) LOEW'S STILLMAN-(1,900) (33c-39c- 47c) 6 days. Gross: $3,000. (Average, 7 days, $4,000) Van Dyke IRE Head Arthur F. Van Dyck, manager of the industry service section of the RCA Laboratories, has been elected president of the Institute of Radio Engineers, it was announced yesterday. The IRE has 7,000 members in 74 countries, it was said. If 8 Autry, Okla. Berwyn, Okla., Nov. 6 S~*ENE Autry, singing West- v-7 ern star of the screen, has a new distinction — a town named after h;m. The Carter Cowita Commissioners at a saecial session, aptiroved the change of name of this town to Gene Autry, Okla. ■HIM Never has any company had so many attractions playing on Broadway at one time as 20th Century- Fox has right now! AT THE RIVOLI . . . "HOW GREEN WAS MY VALLEY" v"ry!- RE*T Was "y ( says Walter Wincnell AT THE ROXY . . ."WEEK-END IN HAVANA" In Technicolor { 2it*T"k**''- "A welcome surprise!" — N.Y. Herald Tribune "You can't do better!" —N.Y. Daily Mirror Zane Grey for boxoffice action ! AT THE PALACE . . ."MOON OVER HER SHOULDER" AT THE NEW YORK . . . "RIDERS of the PURPLE SAGE" AT THE MAYFAIR . . ."WILD GEESE CALLING" ( And "Wild Geese" is going and "GREAT GUNS" Gre* Guns! AND COMING TO THE GLOBE . . ."SWAMP WATER' soon will sock New York! MOTION PICTURE DAILY First in 50. NO. 93 NEW YORK, U.S.A., MONDAY, NOVEMBER 10, 1941 TEN CENTS Minn. Product Situation Seen As Acute Now AmusementDivision Pledges Support to Federation's Drive Warners Ask Exemption From State Law Minneapolis, Nov. (>. — Univer- sal, Columbia and United Artists re reported to be doing record isiness in Minnesota as the prod- :t situation throughout the state ■•comes increasingly acute, despite le resumption of selling last week ,by Paramount and United Artists. Paramount reportedly was off to a slow start on its selling in the state, but United Artists did a heavy opening business. Uni- versal and Columbia, unaffected by the state law, have been sell- ing without interruption and are said to have tripled their busi- ness in the state as exhibitors clamored for product to keep their theatres open. Columbia is usually serviced with 3ur to eight prints tor this territory. (Continued on page 9) Production Plans Topic at 6U' Meet Chicago, Nov. 9. — A two-day meet- i ing of Universal's Western and I Southern district and branch man- agers was concluded here today with I discussions of the company's produc- tion plans for the balance of the new > ■ season. William A. Scully, vice-president I and general sales manager, presided at j; the sessions which were attended by about 40 sales officials, home office and studio representatives. In addi- tion to Scully, the meeting was ad- dressed by Nate J. Blumberg, Uni- versal president; Matthew J. Fox, ' vice-president and Blumberg's studio (Continued on page 9) Settle William Fox, Fox Theatres Suits Long litigation between Fox Thea- tres Corp. and William Fox reached a final settlement on Friday when N. Y. Supreme Court Justice Louis A. Val- ente approved a compromise submitted by Kenneth P. Steinreich and Leopold Porrino, trustees of the theatre com- pany. Under the terms of the settle- ment Fox is to pay $25,000 to the theatre company and releases are to (Continued on Page 9) The Motion Picture, Theatrical and Amusement Division of the New York and Brooklyn Federations of Jewish Charities pledged full support to the federation's 1941 campaign for funds, at a luncheon meeting at the Hotel Astor on Friday. Major Albert Warner and David Bernstein, co-chairmen of the division, conducted the meeting, which was the first in the campaign for this year. At another meeting on Nov. 25 the co- chairmen will name the committees within the division which will carry on the work of the campaign. George Z. Medalie, president of the New York Federation, and Paul Felix W arburg, chairman of the Business Men's Council of the campaign, spoke briefly. The federation functions on behalf of 116 institutions in Greater New York. Major Warner and Bern- stein pledged full support of the amusement industry here. "We have always done the job, and {Continued on page 9) IS Theatre Firms Dissolved in N. Y. Albany, Nov. 9. — Papers of disso- lution have been filed for 16 theatre companies in New York State. They were : Westdale Theatre Corp., Lictor Theatre Corp., Leander Theatre Corp.. Throggs Neck Theatre Corp., Ward Amusement Corp., Lydig The- (Continucd on page 9) Decide Film Probe Course This Week Washington, Nov. 9. — With the neutrality legislation out of the way. Senator D. Worth Clark of Idaho plans to call his propaganda sub-committee together on Wednesday or Thursday to determine the course of the film investiga- tion. The Senator explained that he does not believe it possible for the group to meet tomor- row. If the Committee gets to- gether Wednesday and decides to continue its hearings, it is possible sessions will resume Nov. 17, but it is more likely that they will be deferred until Nov. 24. Hold British Quota At Level 3 Years Lonuox, Nov. 9. — The British Board of Trade is expected shortly to announce that the existing quota percentages for exhibitors and dis- tributors will remain in effect for the next three years without change. The expectation confirms Motion Picture Daily's story of Friday that no changes are antici- pated for some years. The present percentage on quota is 17^2 per cent for exhibitors and 22y2 per cent for distributors. The figures, it is understood, are open to revision (Continued on page 9) Marquee, Shop Window Power Cut Aids Theatres Charlotte, N. C, Nov. 9. — Con- servation of power in the Southeastern states which calls for a blackout of electric signs, lobby and window dis- plays, is not hurting the motion pic- ture business in the Carolinas, accord- ing to reports from the office of Mrs. Pauline Griffith, secretary of the Theatre Owners of North and South Carolina, and from theatre managers. [The Office of Production Man- agement has postponed for one week the 30 per cent power con- sumption cut scheduled to be- come effective Nov. 10 in six Southeastern states. Heavy rains permitted the delay. The five per cent cut in North Caro- lina has been postponed.] On the contrary, business goes on as usual and in some instances the- atre men express appreciation of the fact that the "blackout" cuts down their lighting bill. In Charlotte the- atre-goers and window shoppers miss the brilliant signs and marvel at the step backward to kerosene lamps, lanterns and candles. The curiosity thus aroused tends to increase rather than diminish theatre attendance. On the first few nights of the black- out here, which began under Federal orders Nov. 1, there were lines of fans filing slowly into the dimly lighted entrances and lobbies of the- atres. There was something mysterious about it and those who went out to window shop among displays lighted with candles and lanterns decided to go to the films. Demand Seen For Browne's Replacement AFL Not Interfering in IATSE Situation A rank and file demand for a special convention to name a suc- cessor to George E. Browne, con- victed IATSE president, was indi- cated over the weekend in many union circles here. Although Browne has not yet resigned his office, many believe that there will be considerable pressure upon him to do so, even if he is admitted to bail pending an appeal after sen- tence is pronounced by Federal Judge John C. Knox Wednesday. An IA official on Friday said he "would be very much sur- prised" if Browne resigned be- fore his appeal is decided. The IA constitution provides two methods for selection of a new president in the event of resig- nation or other disqualification. The first is the appointment of a successor by the executive council and (Continued on page 10) Odeon, GFD Plan No Theatres Deal London, Nov. 9. — Both the Odeon Circuit and General Film Distribu- tors deny reports of a theatre merger involving Odeon and Gaumont Brit- ish, following the assumption of con- trol of Gaumont British by the Gen- eral Film interests headed by J. Ar- thur Rank. It is also denied that any discussions have been held. However, following the Gaumont British deal, a new organization, (Continued on page 9) Report Reisman to S. A. Relations Unit It is reported that Phil Reisman, RKO foreign department head, will supervise the distribution of 16mm. films to be made by the Film Division of the Committee for Cultural Rela- tions Between the Americas. John Hay Whitney is chairman of the Film Division. It is reported that Reisman is leav- ing his executive post with RKO in order to undertake the new work. The reports did not indicate when Reis- man would leave to assume his new duties. He has been with RKO in various executive positions since 1932. 2 Motion Picture Daily Monday, November 10, 194 Personal Mention Para, and National Renew Deal Talks Paramount has renewed new season product negotiations with National Theatre units, as was indicated by Motion Picture Daily on Wednesday. Neil F. Agnew, Paramount distribution head, returned Friday from Milwaukee, where he conferred with Spyros Skouras, National Theatres head, and H. J. Fitzgerald, Fox Wisconsin chief. It was indicated negotiations are progressing, but have not yet reached a definite stage. Charles M. Reagan, Para- mount Western sales man- ager, is accompanying Skouras to the Coast from Milwaukee to continue the talks. Bonuses Unaffected Under Canada Edict Toronto, Nov. 9. — A company which has regularly given Christmas bonuses to employes may continue to do so under the new restrictive regu- lations of the Wartime Labor Control Board stabilizing wages and salaries for workers receiving less than $3,000 per year, it has been ruled by the Ca- nadian Department of Labor. New bonuses are prohibited as an evasion of the control of personal earnings, to which can only be added cost of liv- ing allowances to be fixed periodically by the Government. Baltimore Club Sets 3 Weekly Features Baltimore, Nov. 9. — The local Va- riety Club has inaugurated a new pol- icy of installing theatrical night each Tuesday evening. Artists appearing at local theatres and night clubs will be invited as guests. Stage Night, also, has become a weekly feature with a different mem- ber as "King for a Night" each Mon- day. The club is now holding dances each Saturday evening, with a local orchestra in attendance. Operators Ball Today Milwaukee, Nov. 9. — The Motion Picture Ball, an annual affair until its discontinuance a number of years back, is being revived at the Eagles Club Ballroom tomorrow, by the pro- tectionists' union. Local 164. Roy J. Bernier heads the arrangements com- mittee. BROADWAY PLAYS "GRAND-SCALE SMASH HIT!" — Life Magazine GERTRUDE LAWRENCE in the Musical Play "LADY IN THE DARK" ALVIN, 52 St. W. of B'way— Mats. Wed. & Sat. Mail Orders Promptly Filled "A GREAT SHOW" — Herald Tribune Zftc $1 & $1.50 PLUS TAX 0\J , VX VJ- NO HIGHER 2ND YEAR— 2ND EDITION of the _ Sensational Musical Icetravaganza It happens on ice at America's Only Ice Theatre Center Theatre. Rockefeller Center. CO. 5-5474 Eves, except Monday. Mats. Tues., Sat. &. Sun. 501 Seats for Every Pert. 50c. EVGS. AT 8:40 ROBERT M. GILLHAM, director of advertising and publicity for Paramount, returns to the home office today after a visit in Washington. • Lieut. Jack MacDougall, for- merly with Associated Screen News, Ltd., Toronto, has been named officer in charge of the mobile motion picture unit with the Canadian forces in England. • Phil Sherman, formerly with Monogram in New Haven, now War- ner Montreal manager, was a New Haven visitor over the weekend. • F. E. Deschenes, owner of the Park Theatre, Preston, Ont., since 1921, has retired and gone to Florida. • Alec Moss returned to the home office at Paramount Friday after a brief Southern trip. • Frank Durkee, circuit operator in Baltimore, has returned from a Mexi- can trip. Rice Elected As Drama Guild Head Elmer Rice was reelected president of the Dramatists Guild for a term of two years at the annual meeting held Friday at the Lyceum Theatre. George Kaufman was named vice-president and Richard Rodgers, secretary. An amendment to the minimum basic agreement with legitimate stage producers was approved which ex- tended the period during which a pro- ducer shares in motion picture rights to a play from 10 to 18 years, but with diminishing percentages during the last eight years. Another amendment approved was an exemption from the requirement for membership in the Guild to foreign playwrights writing in a foreign language and living abroad. Elected to the Guild council were Philip Barry, Edward Childs Car- penter, Marc Connelly, Rose Franken, Lorenz Hart, Howard Lindsay, John Monks, Jr., Arthur Schwartz, George Sklar and Victor Wolfson. Representatives of the Guild who were elected to membership on the council of the Authors League of America, the parent body, were Irving Berlin, Connelly, Russel Crouse, Frances Goodrich, Moss Hart, Sidney Kingsley, John Howard Lawson, Kenyon Nicholson, Arthur Richman. A. E. Thomas, Rita Weiman and Stanley Young. MITCHELL MAY, Jr. CO., INC. INSURANCE • Specializing in requirements of the Motion Picture Industry 75 Maiden Lane, New York 510 W. 6th St. Los Angeles KENNETH McKENNA, M-G-M story editor, is due here today from the Coast. • John A. Schwalm, manager of the Northio Rialto, Hamilton, O., who has been a member of the City Coun- cil since 1934, was reelected Council- man last week. • Leon Back, chief booker for the Rome Circuit, Baltimore, leaves shortly for a California vacation. • Gordon Spradley and Sonny Shepherd of the Wometco circuit, Miami, are en route to their posts by motor after a visit here. • Robert S. Benjamin, attorney, left for the Coast on Friday and is ex- pected back early this week. • Irving C. Jacocks, Jr., Branford, Conn., exhibitor and president of the Connecticut MPTO, his wife and their daughter, Nancy, are visiting in Boston. Detroit Complaint Is Adjourned to Nov. 17 Detroit, Nov. 9. — The hearing of the arbitration complaint of Irving A. Moss, operator of the Parkside The- atre here, against the five consenting companies, started Friday and was adjourned to Nov. 17. Argument Fri- day centered on whether Wilber M. Brucker, arbitrator and former Mich- igan governor, had jurisdiction. Moss claims four houses of Co- operative and United Detroit Thea- tres are given preference on features which the consenting companies would not license to him, and asks for those pictures seven days after the key houses. Brucker will rule on the question of jurisdiction on Nov. 17. Warner Pittsburgh Zone Meeting Today A meeting of Warner Pittsburgh zone theatre managers and depart- ment executives will be held in Pitts- burgh today with Harry Kalmine, as- sistant manager of the Warner Cir- cuit, and M. A. Silver, Pittsburgh zone manager, presiding. Harry Goldberg, Warner Theatres advertising and publicity manager, also will attend the one-day meeting. There will be a screening of "One Foot in Heaven" and merchandising plans for the film will be discussed. hunt Play Sellout for Date in Chattanooga Chattanooga, Tenn., Nov. 9. — "There Shall Be No Night" was sold out at the Bijou three days before seats actually went on sale. Reserva- tions began coming in for the Alfred Lunt and Lynn Fontanne show the day their play was announced. They will present one performance next Thursday evening. Orchestras at All Shows Bogota, Colombia, Nov. 9. — The Municipal Council here has approved a ^resolution of Councilman Rafael Miranda that requires motion picture theatres to employ orchestras for all shows. Albany Variety Club Will Honor Silver Albany, Nov. 9. — Despite the transfer of M. A. Silver from Albany zone manager to Pittsburgh zone manager for Warners, the newly formed local Variety Club plans to elect Silver chief barker, in recognition of his work in organizing the club here. Reade Completes 3 Real Estate Deals ! Walter Reade, circuit head, com- pleted three real estate deals, it is said, one of which will result in the construction of a $150,000 theatre in Munsey Park, Long Island, which he will operate for the owner, May Nora Shea. The theatre will seat 1,200 and will be ready for operation in Septem- ber, 1942, it is expected. In another of the deals, Reade pur- chased a square block in Asbury Park, N. J., where he will construct a large swimming pool which will feature aquatic performances similar to the "Aquacade" at the World's Fair. Purchase price for the property is said to have been $400,000. The third was a personal investment in other prop- erty in Asbury Park. PRC Sets Several Circuit Contracts Producers Releasing Corp. has closed a number of circuit deals for the new season product since Nov. 1, according to Arthur Greenblatt, gen- eral sales manager. Circuit deals in- clude : Charles Morse, Boston ; Mutual Theatres, Detroit; John Servaas, Manny Marcus and Rex Carr circuit, Dudley Williston, Sam J. Switow, In- dianapolis ; Lewis Theatres, Houston ; Clearfield Amusement Co., and Al- pine Theatres, Pittsburgh ; Theatres Service Corp., New Orleans ; Com- munity Theatres, Cooperative The- atres, Charnas Theatres, Shea Cir- cuit, Cleveland; and Bijou and Ava- lon Theatres, Toledo, O. Music Hall Dates RKO's "Suspicion" or Warner Bros.' "One Foot in Heaven" is scheduled to follow "Appointment for Love," Universal feature, currently playing at the Radio City Music Hali. 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 7-310O. 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, Internationa! Motion Picture Almanac and Fame. En- tered as second class matter, Sept. 23, 1938 at the post office at New York, N. Y., under the act of March 3, 1879. Subscrip- tion rate*; ner vear $6 in the Americas and $12 foreign. Single copies 10c THE THIRD FIVE FOR 1941-42 Y KAY KYSER : 'PLAYMATES" JOHN BARRYMORE LUPE VELE2 G'NNY SIMMS MAY ROBSON • PATSY KELLY pETER LIND HAYES and KAY KYSER'S BAND /eofur/ng Harry Babbitt ■ lsh KnW.uu, , Produced and n j Kabibble • Sully Mason "cedand Directed by DAVID BUTLER Scree" ""y by j„mes V Kem JOAN O'BRIEN EVE ARDEN Produced bV Jg-^RD Verted W *\„hRy«r.<»" Screen play by d Bert Graf121 Off*- Broadway's child sensation brings to the screen what she had to wow New York in the stage smash, "Panama Hattie." '4? \ Oe„„fs 0,K pQngb0 Pr°duced t bY Ta ""8 Re A showman* s booking worries fly out the window when a sure-fire comedy, like this comes along I . heat wave of entertainment J. singing, dancing, comedy, \rama, romance . . . A top racket show all the way , £2* f FOUR JACKS AND A JILJ- RAY BOLGER ANNE SHIRLEY Produced by JOHN TWIST Directed by JACK HIVELY Sceeen Play by John Tiui'st JS JENKINS w0N „„„»•> I the Character THE THIRD FIVE FOR 1941-42 f\L>nda\. November 10, Motion Picture Daily 9 Minn. Product Bette Davis First Woman Situation Seen To Head Coast Academy As Acute Now (Continued from page 1) i(but this season the company is keep- ling 16 to 20 prints constantly em- LjSyed. Universal reported that it is Hiing difficulty obtaining an adequate ^IRpplv of contract forms. Northwest Allied officials admitted Ithe product situation is becoming in- creasingly serious. The Paradise Theatre at Faribault, an "A" house, is i definitely scheduled to close Nov. 21. Other houses throughout the state are operating on part-time schedules and several closings have been reported. Northwest Allied officials, in an- swer to an inquiry, received a denial from Governor Harold E. Stassen that the calling of a special session of the legislature to repeal the anti-block- of-five law is contemplated. The next regular session of the legislature will he January. 1943. Warners Asks Exemption From Minnesota Law Warners has applied for an exemp- tion from the Federal court here from the sales provisions of the consent de- cree to permit it to resume selling in Minnesota and hearing on the applica- tion has been set for Friday by Fed- eral Judge Henry W. Goddard. Motion Picture Daily disclosed on Friday that the company had the move under consideration. Granting of the order by Judge Goddard is regarded as a certainty, .-ince the court evidenced no disposi- tion to question the right of Para- mount to an exemption tor Minnesota operations when that company came before him 10 days ago with an iden- tical request. Judge Goddard, in fact, stated that under Section 23 of the decree, which offers relief to the con- senting companies when decree pro- visions come into conflict with state or other laws. Paramount was clearly entitled to a release. The exemption of Warners would leave onlv three companies, Loew's, RKO and' 20th Century- Fox, not sell- ing in Minnesota because of the state's anti-block-of-five law. Warners stated its intention of pressing a test of the constitutionality of the Minnesota law and expressed the hope that the next session of the state legislature will repeal the law. Hollywood. Nov. 9.— Bette Davis, five times nominee and twice winner of the outstanding actress award, has been elected president of the Academy of Motion Picture Arts and Sci- ences, the first woman to hold that post. The new Academy board of governors at its first meeting named Miss Davis and the following offi- cers : Walter Wanger, retir- i n g president, as first v i c e - president ; Ed- ward Arnold, second vice-president ; Rosalind Russell, third vice-president ; James Hilton, fourth vice-president; Jane Murfin, secretary ; Nat Finston, assistant secretary; John Aalberg, re- elected treasurer ; Pete Smith, assis- tant treasurer. The new board also reaffirmed Don- ald Gledhill as executive secretary. The board shelved plans for a new Academy building, a project which had been planned for some time, when Sam Wood, committee head, reported priorities prevented the obtaining of the necessary materials. Bt-tte Davis Settle William Fox, Fox Theatres Suits (Continued from page 1) be exchanged. Fox drops a claim for $7,000,000 which he filed against Fox Theatres, and the latter abandons its suit for many millions of dollars against Fox. The trustees of the company pointed out in their application that the wip- ing out of Fox's claim will release S85.00O now held as a reserve for gen- eral distribution to creditors of Fox Theatres Corp. The agreement with Fox is part of a settlement with all of Fox's creditors under which pay- ment is to be made of $885,000 by Fox. 20th Century-Fox Film Corp., one of the creditors, will receive $39,500 in the general settlement. 16 Theatre Firms Dissolved in N. Y. (Continued from page 1) atre Corp.. and Kasil Theatre Corp., filed by Kelley and Connelly, New York ; Benog Theatres, Inc.. Eton Leasehold Corp., Fleethold Corp., Forumhold Corp., Maxlau Theatres Corp. and Sedgwick Amusement Co., Inc., all filed by Charles Segal, New York ; Seventh Producing Corp.. filed by Select Theatres Corp. ; Troy Amusement Corp., by Leon Samuels, and United Moving Picture Exhibi- tors, Inc. Sign Miss Rogers, Fonda Hollywood. Nov. 9. — Ginger Rog- ers and Henry Fonda have been signed to star in two of the episodes of "Tales of Manhattan" at 20th Centurv-Fox. Centi Odeon, General Film Say No Theatre Deal (Continued from page 1) called British Film Makers, has been formed, representing Oscar Deutsch, Odeon head, and Rank of General Film. It is believed the new organ- ization will sponsor large-scale pro- ductions, of which the first is "The Day Will Dawn," now being produced at the Denham studio by Paul Soskin. It is indicated that Rank is financing the production, General Film will handle distribution, and Odeon will guarantee the theatre outlet for the picture. Hold British Quota To Level 3 Years (Continued from page 1) at the end of three years. Under the Films Act. the exhibitor quota should ultimately reach a maximum of 22!/2 per cent, and the distributor quota a high of 27y2 per cent. The plan is expected to be presented to the next meeting of the Films Council, the date for whose meeting lias not yet been set. The council gener- ally advises the Board of Trade on such matters, and the former is ex- pected to approve the quota plan. Hitchcock to Direct Lloyd-Universal Film Frank Lloyd and Jack Skirball will produce and Alfred Hitchcock will direct a story by Hitchcock titled "The Saboteur," under arrangements completed on Friday. Universal will release the film. The cast will be headed by Priscilla Lane and Robert Cummings. New Comedy Will Make Bow Tonight "Spring Again," a new com- edy by Isabel Leighton and Bertram Bloch, opens tonight at Henry Miller's Theatre with Grace George and C. Aubrey Smith handling the top assignments. Guthrie McClintic is producer. AmusementDivision Pledges Support to Federation's Drive Cut Matinee Prices Cincinnati, Nov. 9. — The Times, downtown subsequent run, operated by the Isaac Libson interests, has reduced the matinee price to 20 cents including taxes. (Continued from page 1) will try to do it better than ever this year," said Major Warner, while Bernstein stressed the particularly vital need now of strengthening the home front by the support of such charities. Preliminary plans were dis- cussed at the meeting. In attendance at the meeting were : Jack Alicoate, Barney Balaban, Jos- eph Bernhard, Max B. Blackman, Harry Brandt, William Brandt, Leo Brecher, Irving Caesar, Max Cohen, Oscar Doob, M. J. Fessler, Leopold Friedman, Louis Frisch, Leon Gold- berg, Milton Green, Monroe W. Greenthal, Toby Gruen, Marcus Hei- man, Arthur Israel, Jr., Henry Jaffe, Joseph Kaufman. Also Malcolm Kingsberg, Bertram Lebhar, Sam E. Morris, Paul Moss, Louis Phillips, Sam Rinzler, Herman Robbins, Harold Rodner, Samuel Rosen, Sam Schneider, Max Selig- man, Charles Sonin and A. P. Waxman. Production Plans Topic at 'U' Meet (Continued from page 1) representative, and Bernard Kreisler, short subjects manager. Also present from the home office were J. J. O'Connor, assistant to Blumberg ; W. J. Heineman, assistant sales manager ; E. T. Gomersall, Fred Meyers, F. J. A. McCarthy, J. J. Jor- dan. F. T. Murray and Lou Pollock. 10 Motion Picture Daily Monday, November 10, 1 Demand Seen For Browne's Replacement {Continued from page 1) the other is by special convention. Only the council can call the special convention, but there is some belief in union circles that the council could not, in the present circumstances, re sist strong pressure by the locals if these locals attempt to exert it. The regular convention, held biennially, is not due until June, 1942. Seen as one of the leading candi dates was Louis Krouse, general sec retary-treasurer. Normally, of course, the first vice-president would serve until the next regular convention. However, it was pointed out, Harland Holmden is the incumbent first vice- president and little likelihood was seen in union circles of Holmden accepting or being offered the post. Holmden May Refuse In the first place, it was said, Holmden may refuse the presidency on the ground that its duties are too strenuous for a man his age, and there may be opposition because of his close association with the present adminis- tration. William Covert, the second vice-president, also is not regarded as eligible because he is a Canadian. This leaves Richard F. Walsh, of the stagehands local in Brooklyn, as the next in line, but there is some doubt whether the designation of Walsh, who is now a third vice-president, will be as routine as it would be in the case of the designation of an eligible first vice-president to the presidency. AFL Keeps Hands Off in Browne-Bioff Situation Washington, Nov. 9. — The fate of George E. Browne and William Bioff as labor leaders rests with the organ- ization with which they are directly connected and not with the national labor body, according to officials of the American Federation of Labor. Expulsion as a result of their con- viction rests with the IATSE, it was said, under the laws and rules of the international unions. It was pointed out that the question of expulsion was dealt with at length by the AFL exec- utive council in its report to the an- nual convention at Seattle last month, in which the individual unions were called upon to rid themselves of offi- cials "who for selfish purposes seek to utilize the labor movement for the sole purpose of promoting their ma- terial welfare." However, it was stressed, neither the AFL president nor members of the executive council have any authority to remove officials of any international unions. Coast Unions Leave Matter to IA Board Hollywood, Nov. 9. — Still involved in straightening out contracts with producers, the 10 IATSE locals here looked to the IA executive board for any action to replace George Browne as IA president. The general attitude was that the majority of locals, all of which have autonomy, have embarked on a pro- gram of conducting their own nego- tiations, and increased wage scales and better working conditions are their major concern. No officials would hazard a guess as to the action of the IA executive board. Reviews "Sierra Sue" (Republic) HP HIS stars Gene Autry in a Western whose story is modern and *■ which has a minimum of plot and an abundance of song-. In one scene, Smiley Burnette, the human cannonball, is ejected from a piece of carnival artillery and soars through the air. Although the action is rather limited until the final sequences, it appears sufficient. The pic- ture on the whole is entertaining and doubtless will score a solid hit with Autry fans, particularly. Snow-capped mountain peaks and tall timber form a colorful back- ground to the story, which actually does not have an outlaw in it. Instead Autry of the Agricultural Commission finds his opposition in the stubbornness of a rancher who refuses to have his devil weed-infested property chemically treated. The numerous vocals by Autry are pleasant and neatly spotted. Fay McKenzie in the feminine lead has more to do than is usually the case and does it well. Frank Thomas, Robert Homans, Earle Hodgins and Dorothy Christy are in the cast. William Morgan directed and Harry Grey was associate producer. Running time, 64 minutes. "G."* Eugene Arneel "I Killed That Man" ( M onogram — K-B Productions) Hollywood, Nov. 9. GIVING the picture a maximum of production quality, Maurice and Franklin King (formerly Kozinsky) made of "I Killed That Man" a crime melodrama aptly suited for its designed supporting program duties. However, there are several story lapses which are not connected properly at the denouement. Ricardo Cortez, as an assistant district attorney, and Joan Woodbury, as a newspaper reporter, have the principal roles. Others in the cast are Pat Gleason, George Pembroke, George Breakston, Iris Adrian, Herbert Rawlinson, Ralf Harolde, John Hamilton, Harry Holman, Jack Mulhall, Gavin Gordon and Vince Barnett. A condemned man is murdered minutes before his scheduled execu- tion when he is about to address the witnesses and reveal the name of his superior in crime. The district attorney's office trails down the sus- pects one by one, through another murder, to the climax. Phil Rosen obtained the most out of the players and the mounting, and but for the inconsistencies, did an admirable job. Running time, 71 minutes. "G."* Vance King : "G" denotes general classification. Asks Impeachment Of Ex-Judge Davis Washington, Nov. 9. — Failure of two juries to convict former Federal Judge J. Warren Davis for his part in an alleged criminal conspiracy for which William Fox pleaded guilty had repercussions in Washington Sat- urday when Attorney General Francis Biddle disclosed he had recommended to the House Judiciary Committee that it institute impeachment proceed- ings against the retired jurist. Judge Davis retired from the Third Circuit Court of Appeals in April, 1939, and in March of this year was indicted for conspiracy to obstruct justice and defraud the United States. On October 9, the Attorney General announced that since two trials of the judge resulted in a disagreement by the jury, the Government would drop the case. To Act on Bulova Plea Washington, Nov. 9. — Final action may be taken by the FCC Wednesday on the application of Arde Bulova for exchange of call letters between Sta- tions WOV and WNEW, New York. NBC Party Wednesday Roy C. Winner, vice-president of NBC Red network sales, will be host at a luncheon at the Hotel St. Regis Wednesday to celebrate the 15th an- niversary of the Red network. 'Foxes' Captures $9,800, Montreal Toronto, Nov. 9. — "The Little Foxes" grossed $9,800 at the Imper- ial against holdover weeks at other big theatres, with "Honky Tonk" tak- ing $9,000 at Loew's for its third week and "It Started With Eve" netting $9,500 for a second week at the Up- town Theatre. Estimated receipts for the week end- ing Nov. 1 : "The Maltese Falcon" (W. B.) EGLINTON — (1.086) (18c-30c-48c-60c) 6 days. Gross: $5,800. (Average. $4,500) "The Little Foxes" (RKO) IMPERIAL— (3,373) (18c-30c-42c-60c-90c) 6 davs. Gross: $9,800. (Average, $9,000) "Hraiky Tonk" (M-G-M) LOEW'S— (2,074) (18c-30c-42c-60c-78c) 6 days, 3rd week. Gross: $9,000. (Average, $9,000) "Nothing But the Truth" (Para.) SHEA'S— (2,480) (18c-30c-42c-60c-90c) 6 days, 2nd week. Gross: $8,000. (Average, $9,000) "Sun Valley Serenade" (ZOth-Fox) "Dressed to Kill" (ZOth-Fox) TIVOLI— (1,434) (12c-18c-30c-48c) 6 days. Gross: $4,300. (Average, $3,930) "It Started With Eve" (Univ.) UPTOWN — (2,761) (18c-30c-42c-60c-90c) 6 days. Gross: $9,500. (Average, $9,000) Weber Leaves NBC Tommy Weber, NBC chief pho- tographer, has resigned effective next Saturday to start a commercial pho- tographic agency. He operated a photo news service before joining NBC and, prior to that time, was a photographer with the Neio York Journal- American. Fly Hits Alleged Pressure on FCC Washington, Nov. 9. — Efforts on the part of Arthur Lucas, Atlanta circuit operator, al- legedly to bring political pres- sure on the FCC brought from Chairman James L. Fly Satur- day a reminder that "deci- sions are to be made on their merits." The commission made public correspondence con^, cerning the application m WGST, Atlanta, for license r* newal. Lucas has an interest in the station. The request was for depositions in connec- tion with the application hear- ing, and was denied. To Delay FCC Web Rules to December li Attorneys for the FCC and CE and NBC negotiated over the wee end for a stipulation postponing e forcement of the network monopo rules until a statutory Federal Cou of three judges can pass on the vali ity of the rules after a hearing D( 15. The attorneys are to advise Fei eral Judge Henry W. Goddard tod: | whether an agreement has bei reached. If the stipulations are n agreed upon, Judge Goddard will co , vene the statutory court immediate to decide whether a stay shall granted until the Dec. 15 hearing. The rules were scheduled to go in effect next Saturday. The motions the networks for a temporary injun tion were postponed Friday by Jud; Goddard, who announced that tl statutory court would be composed : Presiding Judge Learned Hand of til U. S. Circuit Court of Appeals, Fei| eral District Judge John Bright ai himself. Moves to Dismiss Net Complain Assistant U. S. Attorney Samu j Brodsky, representing the Governmeii and the FCC, disclosed that he hd filed a cross-motion to dismiss tl networks' complaint and for summai' judgment without trial in favor of tli FCC. Brodsky expressed the opinic \ that the ultimate decision would 1 1 rendered without a trial because £ the facts are on record and the so] question remaining is the legality | the FCC rules. Judge Goddard stated from tl bench that he would be inclined n grant a stay pending the Dec. 15 hea | ing if the attorneys could not agni on a stipulation but added that 1: could not speak for the other few judges. Metropolitan Asks Television Permi Washington, Nov. 9. — A construj tion permit for the commercial open tion of its television station W2XM was asked of the FCC Friday by Me ropolitan Television, Inc., of Ne York. The application asks for Chai nel No. 8 with 500 watts aural ai 1,000 watts visual power. 1 Alert. InteWget to the lyrotion Picture Industry MOTION PICTURE DAILY First in and Impartial 50. NO. 94 NEW YORK, U.S.A., TUESDAY, NOVEMBER 11, 1941 TEN CENTS 150 Canadian Schine Circuit Files Sealed Answers to U.S. in Trust Case Theatres in Test Blackout Montreal Gross Reported Normal for Evening By FAT DONOVAN Montreal, Nov. 10. — The Do- minion's most extensive test black- out passed tonight with exhibitors in Montreal reporting attendance find receipts about normal. Offi- fcials stated that the exhibitors' co- operation in making the half-hour blackout a success was 100 per cent. Approximately 150 film theatres in the Province of Quebec were affected by the blackout, which was the larg- est ever attempted in North America. (Continued on page 4) Lawyers Lectured By Appeals Board In granting a reduction of clearance to the American Theatre, Canton, W. Y., the national arbitration appeals board in a decision handed down yes- terday, diverged sufficiently to lecture attorneys in arbitration cases for con- .tributing to unnecessarily lengthy rec- ords and failure to help arbitrators who are uninitiated in the ways of the business. The appeals board reversed in part tthe award of Morton J. Hall, arbi- trator at the Albany board, who elim- i inated the 14 days clearance of the Strand, Ogdensburg, over the Ameri- can last July. The board's decision (Continued on page 4) Buffalo, Nov. 10. — Sealed answers to the Government's interrogatories in the anti-trust suit against the Schine Circuit and the Little Three were filed lor the theatre company in U. S. Dis- trict court here today by Willard S. McKay, Schine counsel. The unusual request that the an- swers be sealed and accepted person- allv by Judge John Knight was granted by the latter on McKay's ex- planation that he did not wish the in- formation to become public at this time for fear that competing theatre interests would obtain access to them. Seymour Simon, special assistant to the U. S. Attorney General, applied for permission to examine correspond- ence of the Shine company relating to its theatre operations and film con- tracts. "If we can obtain this data I believe (Continued on page 3) RKO Officials Assert Reisman Not Leaving Reports that Phil Reisman, foreign department head for RKO, would leave his position were indicated at the RKO home office yesterday as with- out foundation. Reisman is undertaking su- pervision of the distribution of 16mm. films made by the Film Division of the Com- mittee for Inter-American Relations, which is headed by John Hay Whitney, as extra-curricular activity only, it is said. He has been co- operating with the Inter- American group for some time. Daugherty Head of Capital Variety Club Washington, Nov. 10. — Vincent Daugherty of the Paramount sales staff was elected Chief Barker of the local Variety Club today, succeeding Hardie Meakin. manager of RKO Keith's. Sam Wheeler and John Allen were chosen assistant chief barkers, Eddie Fontaine secretary, and Sam Galanty was reelected treasurer. Carter Bar- (Continued on page 3) Film Heads to Hear Nelson Rockefeller Film company heads will hear Nelson A. Rockefeller speak on the industry's share in his work as Coordinator of Inter-American Relations to- morrow night at the Links Club. John Hay Whitney, film division chief, invited the film executives. Whitney and his aides, Francis Altstock and Ken- neth MacGowan, conferred last week with Spyros Skou- ras, John J. O'Connor, Mat- thew Fox and Phil Reisman on feasibility of casting import- ant stars in 35mm. features and shorts on Latin America, for possible release here as well as in Latin America. 'Dumbo' Is Good Draw in Strong Broadway Weekend Visitors here for the big football games in addition to resident New Yorkers provided most of Broad- way's first runs with a weekend of strong business. Walt Disney's "Dumbo" is one of the top box-office performers, bringing the Broadway an esti- mated $22,100 during the week end- ing Sunday night. Also continuing to draw heavily is "How Green (Continued on page 3) Coast Exhibitors Urge Films To Army Ahead of Theatres Phila. Trust Suit Settlement Is Seen Philadelphia, Nov. 10. — Settle- ment of the Harrison Bros, anti-trust suit against the Warner Circuit ap- peared imminent today when defense counsel appeared before Federal Judge J. Cullen Ganey and asked for a dismissal, explaining that agreement on all major points had been reached. However, Arthur Arnold, entering the case for the first time as counsel for the plaintiffs, contended that he had had insufficient time to acquaint himself with a supplementary state- ment filed by the defendants last week and asked for further postponement. The court put the case over until Wednesdav. Hollywood, Nov. 10. — The Pacific Coast Conference of Independent Theatre Owners today recommended that prints of all pictures be made available to Army posts prior to their national release date in the interests of morale, provided that Army thea- tres admit only service men. The resolution adopted by the or- ganization instructed member exhibi- tors "who may be hurt because of the particular clearance that an Army post may have" to send a report of the matter to Robert H. Poole, executive secretary, for forwarding to Francis Harmon of the MPPDA, coordinator of the industry's National Defense committee. It was also recommended that the latter committee appoint a sub-committee on clearance to handle such complaints. Richard Walsh Chosen as New HeadoflATSE Executive Board Selects Him to Succeed Browne Richard F. Walsh, third vice- president of the IATSE, has been elected president to succeed George E. Browne, its was announced yes- terday. The action was taken at a meeting of the general executive board in Atlantic City late Sunday night. It was revealed that Browne resigned as president after his j conviction in U. S. District Court here last Thursday with William Bioff on extortion charges. Browne offered his re- signation effective as of last Saturday. Walsh will hold office until next June, when the regular IATSE con- vention will be held. Bioff's post as West Coast International representa- tive will be taken by Carl Cooper. Walsh has been president of Local 4, Brooklyn stagehands' union, for a number of years. He joined that (Continued on page 4) Albany Variety Club Names First Officers Albany, Nov. 10. — The local Va- riety Club has named M. A. Silver its first Chief Barker. Silver, who was Warner zone manager here until his promotion to the Pittsburgh zone manager, will resign as soon as the Variety Club here is functioning on a permanent basis. The membership unanimously de- cided to honor Silver, who labored untiringly all summer to form the new tent, despite his transfer from this territory. Silver accepted on the basis that" he could relinquish the post (Continued on page 3) Seven Home Offices Closing at 1 P.M. Warners, Paramount, M-G- M, 20th Century-Fox, Univer- sal, Columbia and RKO will close at 1 P.M. today, Armis- tice Day. United Artists and Republic will be open all day. National Screen Service will be closed the entire day. Motion Picture Daily Tuesday, November 11, 194 i! Maurice Evans in Revival of 'Macbeth' Maurice Evans' revival of Shakespeare's "Macbeth" opens tonight at the National. Evans plays the title role and Judith Anderson that of Lady Macbeth. Others in the cast are Viola Keats, Herbert Rud- ley, Philip Huston, Abby Lewis, William Hansen and Harry Irvine. Margaret Web- ster directed the production. Para. Extends Time For Bond Exchange The time in which Paramount's 2>Ya per cent debntures may be ex- changed for the new long term four per cent debentures has been ex- tended from yesterday to Dec. 5 by the company's executive committee. Stanton Griffis, chairman, announced yesterday. To date, $10,200,000 face amount of the old debentures, or more than 80 per cent of the amount outstand- ing, have been exchanged. NEW YORK THEATRES RADIO CITY MUSIC HALL 50th St. & 6th Ave. CHARLES BOY ER . MARGARET SULLAVAN "APPOINTMENT FOR LOVE" A Universal Picture ON THE GREAT STAGE: "AUTUMN LEAVES" — a merry fall festival . . . produced by Leonidoff. Symphony Orchestra, direction of Erno Rapee. 1st Mezzanine Seats Reserved Circle 6-4600 Paramount Presents Bob Hope Paulette Goddard NOTHING BUT THE TRUTH" PARAMOUNT IN PERSON THE ANDREWS SISTERS JOHNNY 10NG AND BAND TIMES SQUARE CARMEN CESAR MIRANDA-ROMERO-FAYE-PAYNE WEEK-END in HAVANA PLUS A BIG D^YV 7*h Ave. STAGE SHOW KvA I & 50th St. PALACE B'WAY & 47th St. Tyrone Power — Betty Grable "A YANK IN THE R.A.F." — and — "HURRY, CHARLIE, HURRY" with Leon Errol 4th Big BUMBO I BROABWAY 20th Century-Fox presents "HOW GREEN WAS MY VALLEY" United W% I W ^\ I I Broadway Artists Kl T WLI at 49th St. Continuous Pop. Prices. Midnight Shows. Personal Mention JAMES MULVEY, vice-president and Eastern representative for Samuel Goldwyn, Inc., and Mrs. Mulvey will celebrate their 17th wed- ding anniversary today. • E. K. O'Shea, Central division manager for M-G-M, will leave today for Oklahoma City. • Gertrude Merriam of the Man- agers Round Table Department of Motion Picture Herald, is recuperat- ing at home after an appendicitis op- eration. • Ernest Koenig, formerly European manager for Universal with headquar- ters in Paris, who has been in a sani- tarium near Barcelona, Spain, was due to sail from Bilbao for New York today. • Tony Masella, former assistant at the Globe, New Haven, was given a dinner on the occasion of his promo- tion to assistant at the Poli, New Haven. THOMAS J. CONNORS, Eastern, Southern and Canadian division manager for M-G-M, leaves today for Toronto. • Abe Montague, Columbia general sales manager, returned from the Coast yesterday. • Ned Depinet, Cresson Smith and S. Barret McCormick are back from the Coast. • Kay Nayfa, manager of the Em- pire Theatre, Placerville, Calif., will enter the Army on Dec. 1. • Dorothy Day, Tri-States Theatres publicity director in Des Moines, spoke on films before a group repre- senting Des Moines women's clubs last week. • Dr. J. B. Fishman, president of Allied of Connecticut, serves on the publicity and finance committees of the Committee to Defend America, in New Haven. To Certify Union as WB Employe Agency Formal certification of the Warner Bros. Associated Office Employees Union as collective bargaining agency for clerical employes in the home office will be made by the NLRB in Wash- ington in two or three weeks, Charles Kramer, trial examiner, said yester- day. The union won an election by a vote of 451 to 112. Buffalo Manager Hurt Buffalo, Nov. 10. — George H. MacKenna, manager of the Lafayette Theatre, was severely hurt yesterday when he was struck by an automobile in Niagara Falls. Approve Sunday Films Rochelle, Ga., Nov. 10. — Sunday films have been approved by a unani- mous vote of the Town Council. The proceeds will go to charity. 5 SERVICES DAILY VIA SOUTHERN SUNSHINE ROUTE TO Los Angeles (Two Section' THE THE SOUTHERNS Tic^t Offices^ gtreet at Par ^^^^^^^ % Los Angeles 6:30 am 4:58 PW 1:26 am .5000. irlines AMERICAN AIRLINES ROUTE OF THE FLAGSHIPS Van Schmus Head Red Cross Roll Cal W. G. Van Schmus, managing d rector of the Radio City Music Hal has been named chairman of the M t i o n Pictun Group in tt roll call of tf New Y o r chapter of tl American Cross driwSi ' FollowingV acceptance c the appoint ment, Va Schmus d e clared : ''Re Cross activitii are maintaine b y voluntat c o n t ribution This year, order to can on its national defense activities, tl American Red Cross needs two-am a-half times as many members as 1940. I urge all to join during th Roll Call, Nov. 11 to 30. "By supporting the Red Cross this year's Roll Call, one can make definite contribution to national d" fense. Red Cross workers serve all military and naval stations, givir aid to the personnel, while in hon communities they help needy famili J of service men. "By and through the Red Cro 1] $47,087,000 in war relief has beJ shipped overseas. New York Chapt< \ alone provided 360,479 garments aii 2,225,000 surgical dressings ; helpi If 15,000 New Yorkers seek word 34,000 relatives in 51 war-affect^ i. countries ; forwarded 9,000 orders i deliver food packages to war prisoner in German camps; its disaster call teen fed 1,500 child refugees arrivii(i here." W. G. Van Schmus Republic Meet to Be Held Here Tomorroi James R. Grainger, president of R public, returned yesterday from rj gional sales meetings in Chicago ai i New Orleans. The last of the serii of meetings will be held at the Nej York Athletic Club tomorrow aii Thursday. While in New Orleans, GrairigS and A. C. Bromberg, Southeaste I franchise holder, closed a deal for R1 public's new season product with Jit Houck and Film Service circuits. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday aJ holidays by Quigley Publishing Compai j Inc., 1270 Sixth Avenue, Rockefeller Cent New York City. Telephone Circle 7-31 '< Cable address, "Quigpubco. New York." M tin Quigley, Editor-in-Chief and Publish I Colvin Brown, Vice-President and Gene Manager; Watterson R. Rothacker, Vi President; Sam Shain, Editor; Alfred Finestone, Managing Editor; , James Cron, Advertising Manager; Chicago Bure 624 South Michigan Avenue, C. B. O'Ne Manager; Hollywood Bureau, Postal Un Life Building, William R. Weaver, Edit Leon Friedman, Manager; London Bure; 4 Golden Square, London Wl, Hope W Hams, Manager, cable address "Quigpub London." All contents copyrighted 1941 Quigley Publishing Company, Inc. OtI Quigley publications: Motion Picti I Herald, Better Theatres, Internatio Motion Picture Almanac and Fame. 1 1 tered as second class matter, Sept. 23, IS at the post office at New York, N. under the act of March 3, 1879. Subscr ! tion rates per year $6 in the Americas a $12 foreign. Single copies 10c. Hf>da\. November 11. 1^41 Motion Picture Daily D umbo' Is Good Iraw in Strong Iroadwav ^ eekend (Continued from page 1) t'as My Valley" at the Rivoli, now I its second week. The film tossed an estimated $20,800 Fri- ar through Sunday. new 20th Century-Fox mu- "Week-End in Havana," | pored a big opening at the Roxy. J liking an estimated $38,320 during :fls first three days beginning Fri- f By. The film, with a stage show. ; | till be held. At the Paramount, j (Nothing But the Truth" with the 'I tndrews Sisters and Johnny Long's :\ fenestra had another good week- ^jind, estimated at S25.000. The show 'tnishes its third and final week to- IJight with an estimated $46,000 ex- -jlected. Going in tomorrow will Tie "New York Town" with Bill :| Robinson and Jimmy Lunceford's ) orchestra on the stage. "Appointment for Love." with a |tage show, brought the Radio City Music Hall an estimated $56,500 Thursday through Sunday and fehecks out tomorrow night. War- pers' "One Foot in Heaven" goes m Thursday. "Sergeant York" ivith Phil Spitalny's orchestra gar- hered an estimated SI 7.100 at the Strand Friday through Sunday and Completes a four-week run Thurs- day night. Following on Friday will be "International Squadron" and Teddy Powell's orchestra. Albany Variety Club Names First Officers (Continued from page 1) ■in honor of the first assistant barker. Lams R. Golding of Fabian Theatres. Named besides Silver and Golding were: second assistant barker, Clay- Oijtton Eastman ; dough guy, Charley : Smakwitz; property master. Herman L. Ripps. Canvasmen named were ' J. Myer Schine, Si H. Fabian, Wil- ^:liam Smalley, M. N. Grassgreen, S. ;. E. Aronowitz and Fred Archibald. Establishment of headquarters in a Hotel Ten Eyck suite will be ac- 0 complished within the next two weeks . with the installation of officers to be \i celebrated at a banquet late this v, month. Daugherty Head of Capital Variety Club (Continued from page 1) ron and Abe Lichtman were elected delegates to the 1942 convention in Los Angeles, with Galanty and Ru- dolph Berger as alternates. Xew members of the 1941-42 board of governors are John J. Payette, Xate Golden, Fred Kogod, Harry Lohmeyer, Galanty, Barron, Berger. Fontaine, Daughertv, Wheeler and Allen. Reviews "Kathleen" (M-G-M) 'M. P. Daily* Albany Writer a Councilman Albany, Nov. 10. — Richard J. Con- ners, correspondent here for Motion Picture Daily, has been elected to a four-year term as Alderman on the Common Council, bv a vote of 2.177 to 175. Hollywood, Nov. 10 ET ready to rub your eyes, Ladies and Gentlemen of Show Busi- ness, and your palms, when you meet "Kathleen." For "Kathleen" is your old friend and favorite box-office attraction, Shirley Temple — which means that child whose way with the telling of a straight story about a child and her problems kept you and your customers happy during the four years in which you voted her Number One Money- Making Star. Yes, folks, this is a simple little story about a little girl. Her mother is dead. Her father is preoccupied with other matters, delegating servants to care for her. Her governess abuses her confidence. Her only friend is an old man who runs a second-hand store. A slick lady is about to marry her father for his money. Then a woman doctor, who happens to be young and pretty, is brought into the household, adjusts the child's emotions, finds her own a bit affected by the child's father and, of course, winds up by marrying the parent and making everybody happy. Simple, direct, modernized to the extent of some references to child psychology and the introduction of some literal materializations of juve- nile fancy, the story is in the groove of the dozens of stories in which Miss Temple entertained her millions. The story keeps the narrative plain enough for mass consumption. Herbert Marshall as the father. Laraine Dav as the personable ladv doctor and Gail Patrick as the woman with designs on the paternal monies play up to and never around or over the child star, and support is provided by Felix Bressart, Nella Walker, Lloyd Corrigan, Guy Bellis and half dozen others. No mobs of soldiers, angels or goblins are per- mitted to clutter up the proceedings and no earthquakes, tornadoes, forest fires or volcanic eruptions occur. George Haight, who produced the film, must have remembered that it was in homespun that Miss Temple made her fame. Director Harold S. Bucquet may have turned memory back, too, to some of the young lady's top-grossing beginnings, for he kept his cast within the bounds of her early triumphs, letting the distortions occur where they'd do the most good, and attempted no subtlety, nothing too fancy for the multitude. Doubtless there will be some temptation for showmen to bill "Kath- leen" as a "Shirley Temple comeback." That would be an inaccuracy, an offense against fact and, by the records pertaining to that type of billing, self-defeating. "Kathleen" is not a "Shirley Temple comeback." It is a coming back to the screen of the Shirley Temple type of motion picture, with Shirley Temple in it. Probably the best way to bill it is : "Shirley Temple in 'Kathleen.'" Running time, 85 minutes. "G."* Roscoe Williams "Design for Scandal" (M-G-M) Hollyivood, Nov. 10 Hp O use a colloquialism, M-G-M's "Design for Scandal" is a hum- 1 dinger. The picture has everything that makes for entertainment for all types of patrons — excellent portrayals, side-splitting comedy, a keenly developed story, and the usual fine mounting associated with M-G-M productions. For marquee embellishment are the names of Rosalind Russell, Walter Pidgeon and Edward Arnold, who do splendidly in their respective roles of judge, news photographer and news service head beset with alimony troubles. The support includes Lee Bowman, Jean Rogers, Mary Beth Hughes, Guy Kibbee, Barbara Jo Allen, and Leon Belasco, each of whom delivers more than adequately. Sophisticated but clean and studded with sharp dialogue and delight- ful situations, the story deals with the efforts of a photographer to involve a woman judge in scandal in order to influence her to free his boss of huge alimony payments. The matters become complicated when the judge and the photographer really fall in love with each other. Turning in one of his best directorial jobs, Norman Taurog skill- fully guided the characters, gleaning the maximum for each situation and line of dialogue. Producer John W. Considine, Jr., gets another feather in his cap. The picture at its preview won unrestrained applause and kept its viewers in a constant state of merriment. Running time, 82 minutes. "G."* Vance King Schine Files Answer in U.S. Trust Action (Continued from page 1) it will indicate how Schine licensed its films in closed and open towns," he said. He expressed a desire to learn whether the circuit opened what he termed "fighting theatres, to discour- age or fight a competitor." Judge Knight reserved decision on the request as he did on several others advanced by Simon. To the latter's request for informa- tion pertaining to admission prices charged by Schine theatres since Aug. 7, 1931, McKay said he would supply the scales for any specific date but that to comply fully would require "someone spending a lot of time on a big job." Simon also asked for the cost of each theatre acquired by Schine, to which McKay replied : "Let them tell us what particular theatre they want to know about and we'll tell them." Simon also sought information con- cerning the gross film rentals paid by Schine each year over a period of six years, but McKay suggested it would be much easier to obtain such infor- mation from the distributors. He gave the same reply to the Govern- ment's request for percentages paid by Schine on all pictures leased by the circuit during the same six-year period. McKay told the court a corporation can not be compelled to compute such wide information from its records, that his client is entitled to "objected facts." The Government was given 10 days to reply and briefs were ordered filed. In the interim the sealed answers by Schine will be opened by the Govern- ment. Trial of the case is scheduled to open early next year. 'International Lady* Opens at Criterion "International Lady," Edward Small production released by United Artists, had its premiere amid crowds and lights last night at the Criterion Theatre on Broadway. The list of personalities in attend- ance was headed by Ilona Massey, feminine lead of the film, which also stars George Brent and Basil Rath- bone. Among those present were Walter Wanger, Alan Curtis, Erroll Flynn, Hildegarde, Lana Turner, Bruce Cabot, Linton Wells, Louis Hayward, License Commissioner Paul Moss, Sheila Barrett and Desi Arnaz. Adrienne Ames interviewed Miss Massey and other guests from the lobby of the theatre over WHN. "International Lady" was reviewed bv Motion Picture Daily on Oct. 13. *"G" denotes genera] classification. 'Gesture* Roadshow Planned in 10 Cities United Artists plans to open "The Shanghai Gesture," Arnold Press- burger production, on a roadshow basis in 10 key cities, starting in January, Arthur W. Kelly, vice- president, said yesterday on his re- turn from the Coast. 4 Motion Picture Daily Tuesday, November 11, 19 150 Canadian Theatres in Test Blackout (Continued from page 1) The total number of theatres in the province is placed at 180, but some of these, rural establishments, were un- affected. According to rules prescribed by the civilian defense officials, the 80-odd theatres in the Montreal metropolitan district were directed to give pass-out checks to patrons wishing to leave the theatres for a glimpse of the darkened city when the "alert" sounded at 9 :45 P.M. The test took place from 10 to 10:30 P.M. After marquee, lobby, lounge and running lights had been extinguished at 10 P.M., ushers with flashlights were stationed at exits and no one was permitted to leave. This ruling was for the safety of patrons. Emergency battery lighting plants were kept in readiness in case of necessity but were not needed. Police had cautioned the public against pickpockets and holdup men and theatres provided protection for patrons against prowlers. Theatre outer lobbies were crowded with pedestrians who were urged by the police to seek shelter in doorways. Despite the excitement, evening thea- tre business, as reported by managers, was unaffected. The combined seating capacity of all Quebec houses affected by the blackout is estimated at 120,000. Con- tributing to this total are 73 houses in Montreal, 11 in Quebec City, four in Three Rivers, and a total of 90 in other Quebec cities and towns. The blackout affected practically one-sixth of Canadian territory. Civil Protection Committee officers and local police supervised the blackout. All traffic came to a standstill, with lights extinguished. During a blackout in Montreal earlier in the year, exhibitors reported no noticeable effect on box-office re- ceipts. NBC Luncheon Tomorrow Commemorates 15th Year Ted Weber Joins New Chicago Daily Ted Weber, CBS assistant director of publicity, resigned yesterday to be- come amusement advertisement man- ager for the new Chicago morning newspaper to be started shortly by Marshall Field and Silliman Eveans. Weber will fly to Chicago today to assume his new duties. Weber, originally from Chicago, has been assistant to Louis Ruppel, CBS director of publicity, for the past two years. Previously, when Ruppel was managing editor of the Chicago Times, Weber was in charge of the amusement advertising department. As part of the celebration of the 15th anniversary of NBC, Roy C. Witmer, vice-president in charge of NBC-Red sales, will be host to r e preservatives of 18 trade pa- pers at a lunch- eon at the Ho- tel St. Regis to- morrow. Highlight of the celebration will be the spe- c i a 1 broadcast Saturday night from 11 :15 to 1 A.M. in which 2,000 perform- ers will partici- pate and which will be carried by all 243 stations of the combined Red and Blue networks. This pro- gram will be broadcast to Europe by short wave and to about 100 stations of NBC's Pan-American Network. Will Dedicate Studios Simultaneously with the broadcast, NBC will dedicate several new studios in Radio City. Niles Trammell, presi- dent, will make the welcoming address and Secretary of the Navy Frank Knox will participate. Among the host of artists will be Jack Benny, Bob Hope, Rudy Vallee, Benny Goodman, Kay Kyser, Burns & Allen, Edmund Lowe, Victor Mc- Laglen, Fibber McGee & Molly, Frank Munn, Bing Crosby, Lowell Niles Trammell ■Thomas, Milton Cross, Graham Mc Namee, Horace Heidt, Fanny Brice, Conrad Thibault, Vivien della Chiesa, Xavier Cugat, Eddie Cantor, the "Quiz Kids," "Johnny" of the Philip Morris show, Ralph Edwards, Ted Steele, Paul Douglas, Upton Close, Walter Winchell, Irene Rich, Frank Black, Lucille Manners, and the U. S. Army, Navy and Marine Bands. Among those from NBC attending the luncheon tomorrow will be Tram- mell, Witmer, Frank Mullen, execu- tive vice-president ; Mark Wood, treasurer; Albert Dale, John McKay, Edward Hitz, A. E. Showerman, George Frey, Charles Brown and Clayland Morgan. Press at Luncheon Trade paper representatives will in- clude Doris Hillman, Martin David- son, M. H. Shapiro, Norman Weiser, Marvin Kirsch, Sid Weiss, Ted Lloyd, Robert Landry, Benjamin Bodec, Paul Dennis, Irwin Robinson, Judith Cor- tada, Arthur Robb, Richard H. Dobie, Allan Finn, Manuel Rosenberg, Rosa- line Greene, F. C. Kendall, Raymond Bill, Lawrence M. Hughes, Herbert J. Stoeckle, Merle Thorpe, Eldridge Peterson, Sam Shain, Edward Greif, James P. Cunningham, John Stuart, Jeannette Samuelson, David Freder- icks, Ellen Hess, Reginald Clough, Dr. Robert L. Swain, Daniel Renick and Ralph Smith. On Nov. 15, 1926, the date of the first NBC broadcast, the hookup was composed of 19 stations, in contrast with 243 next Saturday. Lawyers Lectured By Appeals Board In Deciding Cas (Continued from page 1) reduced the clearance to three da and limited its application only * future contracts entered into wi, Warners and RKO, the respondent rather than to existing contracts, 1 well, which Hall's award errone^i included. refj" Referring to the part of attorar in the case, the board's opinion said |l part : "If, as often happens in arbitr tion proceedings under the decre counsel attempt in opening to argi on the effect of facts before they ha- been proved, the arbitrator is mo likely to be confused than aided. Th case affords a conspicuous exampl Counsel on both sides opened tfl hearing with elaborate arguments c all conceivable aspects of the case. 1 the result, much of this argument wi irrelevant, some of it misleading, ar the bulk of it was out of place in j opening statement. "An arbitrator endeavoring to c justice in an unfamiliar field, partici uarly, as in this case, a layman, is ei' titled to far more light and less coi fusion from the efforts of counsel tha this record discloses." The board apportioned one-third file briefs by Dec. 9 when oral argu ment will be heard. J. Noble Braden, director of arlff tration tribunals for the Americai Arbitration Association, will discus operations of the motion picture arbi1 tration system at a meeting of th'f Erie County Bar Association in Buf falo tomorrow. MOTION PICTURE DAILY First in and Impartial NEW YORK. U.S.A., WEDNESDAY. NOVEMBER 12, 1941 TEN CENTS e'll Clear Matters Up,' Walsh Says we Us a Break/ New MA Head Pleads By EDWARD GREIF There will be no general changes i the IATSE. Xo general changes re needed. We've been in exis- tence for 52 years and this is the first re- flection on our record, (live us a chance and we'll clear that up with our actions." Thus spoke the new presi- dent of the IATSE, Rich- ard F. Walsh, receiving vis- itors for the first time since -uming his new post last Sunday successor to George E. Browne. {Continued on pane 6) Ruhartl Wsil-li 4scap Election to Be Test of Strength The Ascap board of directors may meet within the next few weeks to elect officers for the ensuing year. The .election is expected to provide a test •of the strength of Ascap directorial and membership elements which re- portedly favor one or more changes in the roster of Ascap officers as a result of the warfare with the major networks over new Ascap contracts. No definite date for an election meeting of the board has been set yet. but there is a likelihood that the tmeeting may be held before the end (Continued on page 8) Equity to Require Dues from Agents Actors Equity, beginning Dec. 1, will require employment agents and personal representatives to pay an initiation fee of $100 and dues of $25 a year, the Equity council ruled yes- terday. Thirty-two agents now licensed by Equity will not have to pay the initiation fee. The new ruling will apply to applications for agents' per- mits, 23 of which are pending. Broadway Enjoys Smash Armistice Day Business Taking advantage of the observance of Armistice Day, with many business houses closed, in addition to a school holiday, New Yorkers yesterday brought a box-office boom to Broadway theatres. Other key cities reported similarly strong business for the day. Yesterday's matinee business was Stockholders Of RKO Will Meet Jan. 15 The first meeting of RKO stock- holders since the company's emer- gence from reorganization almost two years ago is scheduled to be held about Jan. 15, it was learned yesterday. The meeting will elect a new board of directors, since the terms of all 13 members of the present board will expire Jan. 26. The present board was des- ignated for a two-year term by the Federal court at the con- clusion of the RKO reorganiza- tion. Under the company's by-laws, holders of RKO preferred stock will be entitled to elect one-third of the members of the new board, or either four or five of the new total. The by- laws provide that whenever accumu- lated unpaid dividends on the pre- ferred amount to $7.50 or more a share, that class of stock shall be en- titled to elect one-third of the board. (Continued on page 6) counted little short of tremendous by him houses as well as the legitimate theatres on Broadway. Standees and the SRO sign were the cheerful order of the day for managers up and clown the street. The throngs in the downtown sector, many of whom found their way into theatres, however, were al- most entirely the domestic product, since air lines and railroads reported no unusual influx of visitors. While business tended to slacken off a little at the film houses in the eve- ning, as is usual on the night of a holiday when a working day follows, the legitimate theatres enjoyed a highly successful evening as well as matinee trade. Only eight legitimate shows played matinees yesterday, most of them not deviating from their usual weekly matinee clays, and the eight uniformly reported prodigious busi- (Continued on page 9) Browne and Bioff to Hear Sentence Today George E. Browne and William Bioff will appear for sentencing be- fore Federal Judge John C. Knox at noon today on the three counts of an extortion indictment of which they were found guilty by a jury last Thursday. Both men have been in the Federal House of Detention since the verdict because Judge Knox re- fused bail. Roosevelt's Armistice Day Address Estimated Heard by 30,000,000 in U. S. One of the largest audiences ever to listen to a speech de- livered in the daytime heard President Roosevelt's Armistice Day address from Arlington Cemetery, approximately 30,000,000 in the United States alone, CBS declared yesterday following a survey made by C. E. Hooper, Inc. The survey, which was conducted while the speech was still on the air, showed that 30 per cent of all re- ceivers were tuned to the President. The address began at 11 A.M. Radio executives said the listening audience was increased by the fact that the talk took place on a national holiday, but stated that it was remarkable because it occurred before noon and lasted only about 10 minutes. A number of calls came into NBC offices as a result of a mishap to the network's microphone. As the announcer was introducing the President, someone struck the microphone, thus causing the last syllable of the word "Washington," to be repeated four or five times. The listeners demanded to know whether saboteurs were attempting to keep the President off the air. NBC calmly reported that it was only somebody kicking the microphone at the wrong time. Trial in Minn. 5 -Block Case Starts Dec. 15 Preparation Is Cause of Delay from Nov. 24 Trial of the criminal actions against Paramount, RKO and 20th Century-Fox for alleged violations of the Minnesota anti-block-of-five law in county court at St. Paul is scheduled to start Dec. 15 under an agreement made by company coun- sel with state and county authori- ties, home office legal departments were advised yesterday. At the time of the arraign- ment of defendants, trial was tentatively set for Nov. 24, but preparation of the cases will re- quire additional time, necessi- tating the setting back of the trial date, it was stated. The original equity actions begun by the consenting distributors in an unsuccessful effort to obtain an in- junction to halt enforcement of the state law pending a test of its con- stitutionality will be left in abeyance pending the outcome of trial of the criminal actions. The latter are ex- pected to provide a quicker and more definitive test of the Minnesota anti- (Continucd on page 6) Skouras on Coast ForFWC Parleys Hollywood, Nov. 11. — Spyros Skouras, head of National Theatres, arrived here last night with his brother, Charles, from Denver, where the latter, Fox West Coast president, presented awards in the Spyros Skouras showmanship campaign. Both brothers will address a meet- ing of the executive personnel of Fox West Coast tomorrow morning and present awards to local winners. Later tomorrow they will go on to San Francisco to distribute drive awards there. Benchley to Be M.C. At Ampa Tomorrow Robert Benchley will act as master of ceremonies at the Ampa short sub- jects luncheon at the Hotel Edison to- morrow. Mrs. Besa Short, head of the short subjects department of In- terstate Theatres, Dallas, will be the guest of honor and chief speaker. Among the personalities who are scheduled to appear are : John Kieran, (Continued on page 6) Motion Picture Daily Wednesday, November 12, I'M Personal Mention Newsreel Maugham Comedy Will Open Tonight "Theatre," a new comedy by Guy Bolton and Somerset Maugham, produced by John Golden and starring Cornelia Otis Skinner, opens tonight at the Hudson. Arthur Marget- son, Viola Roache, Helen Flint, John Moore and Fran- cis Compton also are in the cast. Hertz, Jr., Travelers Aid Fund Chairman John D. Hertz, Jr., of Buchanan & Co., advertising agency, is chairman of a committee of IS advertising, pub- lishing and publicity executives who will assist in the $50,000 emergency appeal of the Travelers Aid Society of New York. The Hertz appointment was made by Donald S. Stralem, soci- ety president. The 14 named by Hertz are : Martin Quigley, Quigley Publishing Co. ; Lou Thomas, the Biow Company ; Cald- well Swanson, J. Walter Thompson Co. ; Richard Berlin, Hearst Maga- zines ; Wendy Iglehart, Harper's Ba- zaar, John W. Alicoate, Film Daily; James M. Cecil, Cecil & Presbrey, Inc. ; Erwin Swann, Lord & Thomas ; Thomas H. Beck, Crowell-Collier Co. ; Fulton Oursler, Liberty maga- zine ; William Randolph Hearst, Jr., New York Journal- American; Tom Fizdale, Tom Fizdale, Inc. ; Gardner Cowles, Jr., Look magazine, and Conde Nast of Conde Nast Publica- tions. OSCAR A. DOOB, advertising and publicity director for Loew Theatres, is in Cleveland. • Walter Gould, United Artists for- eign manager, was confined to his home by illness yesterday. • Jack Segal, Columbia assistant for- eign manager, arrived from Buenos Aires by plane yesterday. J. A. Mc- Conville, foreign manager, will re- main in South America for some time. • Leon Netter will leave for Atlanta today. Conn. MPTO Plans Trade Dinner Dec. 9 New Haven, Nov. 11. — The Con- necticut MPTO will sponsor a first annual formal dinner-dance for repre- sentatives of all branches of the film industry on Dec. 9, at the Hotel Taft. Dinner will be followed by dancing and entertainment. George H. Wilkinson, Jr., is gen- eral chairman of the event ; Samuel Seletsky, treasurer ; Herman M. Levy, secretary ; Harry F. Shaw, chairman of decorations, music and lighting ; Lou Brown, publicity ; Lou Schaefer, entertainment ; Maxwell Hoffman, tickets and seating, assisted by Edwin S. Raffile, Samuel Rosen, Irving C. Jacocks, Jr., Peter Perakos, Adolph G. Johnson, Lawrence C. Caplan and Joseph F. Reed. Dougherty to Resign One Club for Other Washington, Nov. 11. — Vincent Dougherty announced today he will give up the presidency of the District of Columbia Motion Picture Sales- men's Club in order to give maxi- mum time to his forthcoming duties as Chief Barker of the Variety Club, to which he was elected yesterday. He will be presented to club mem- bers and guests Saturday night by Hardie Meakin, outgoing chief bark- er, at the eighth annual banquet and dance at the Willard Hotel. He will be installed early next year. Carter Barron, chairman of the banquet program, announced that the stage shows of Warner's Earle and Loew's Capitol theatres have been added to the entertainment bill. The headliners will be Abbott & Costello. Boston House Plans Stage Show Series Boston, Nov. 11. — Xavier Cugat and his orchestra will open a week's engagement on the stage of the Metro- politan Theatre on Friday. His ap- pearance will mark the first in a new series of in person presentations to be featured at the Metropolitan when- ever outstanding names are available. Featured with Cugat during his en- gagement will be Carmen Castillo, in songs of Latin America ; Lina Romay, Miguelito Valdes, and Larry Adler, harmonica virtuoso. Republic in Trinidad Albany, Nov. 11. — Republic Pic- tures (Trinidad), Inc., has been char- tered here, for the operation of the company's own exchange in Trinidad. GEORGE WELTNER, Paramount assistant foreign manager, is en route to South America. Edward C. Raftery of the O'Brien, Driscoll & Raftery law firm is in New Hampshire on a combined business and rest trip. • Isabelle Austin of the publicity staff of the Roxy Theatre leaves to- morrow for a 10-day Florida vacation. • Roberto Socas has returned from South America. Zanuck Reappointed Coast Council Head Hollywood, Nov. 11. — Bette Davis, new president of the Academy of Mo- tion Picture Arts and Sciences, has named Darryl F. Zanuck, vice-presi- dent in charge of 20th Century-Fox production, to serve a third term as chairman of the Academy Research Council. While the appointment is usually made near the end of the year, the advance selection of Zanuck for 1942 was voted by acclamation by the Academy board late last week, in recognition particularly of Zanuck's work in the supervision of training films for the Army. Straus Gives Party For 'Night of Stars' Nathan Straus, U. S. Housing Au- thority Administrator, was the host at a cocktail party at the Hotel Astor to members of the "Night of Stars'' committee, of which he is chairman. Straus was presented a drawing by Arthur Szyk, Polish art- ist, for the cover design of the United Palestine Appeal yearbook, published for the event to be held at Madison Square Garden Nov. 26. Marvin Schenck, producers' committee chair- man, was one of the speakers. (Pulhamf Opens in Boston December 4 The M-G-M feature, "H. M. Pul- ham, Esq.," will have its premiere on Dec. 4 at Loew's State and Loew's Orpheum in Boston, chief locale of the story by J. P. Marquand. 20th-Fox Union Joins CIO The 20th Century-Fox Employes Guild has become the sixth independ- ent union in home offices to join the Screen Office & Professional Em- ployes Guild, Local 109, CIO, it was announced yesterday by CIO officials. The vote, taken at a meeting- Mon- day night, was "almost unanimous," it was reported. Capital Leads 'U' Drive Washington, Nov. 11. — The local Universal film exchange has been no- tified that it has won first place in the company's current contract cam- paign. Nationally, the Washington branch's salesmen ran one-two. First was Joseph Young, of the sales staff, followed by Sam Tabor. Parade HP HE launching of the new g'w, -*- Navy plane; the Mars, in Mar-_ land, captured wide newsreel at to Hon in the midweek issues, while th film industry USO collection also zcc featured. As' the football seaso reached its peak, the outstandi weekend games are pictured. f ■ reels' contents: ^ MOVIETONE NEWS, No. 19.— La/ oil tanker at Norfolk, Va. Navy's { fi plane, the Mars, launched in Mary Train wreck kills 12 at Dunkirk, O. T Roosevelt takes consumer pledge ag I waste. Film industry turns over $9- USO collection. Windsors leave Miam Bahamas. Bathing girls seen in Flo, [ Party at San Francisco zoo. Footh I Notre Dame-Navy, Harvard- Army, Pit.| burgh -Fordham. NEWS OF THE DAY, No. 217— Gia, Navy plane is launched. Launching of ■ tanker at Norfolk, Va. Nurses arrive Iceland to join U. S. armed forces. US film industry collection turned over Thomas Dewey. San Francisco zoo Ie down the bars. Football: Pittsburgh -Fori ham, Notre Dame-Navy. PARAMOUNT NEWS, No. 2Z^Natioii horse show at Madison Square Garde] New York. USO industry collection turnl over to Thomas Dewey. Miami bathii' girls on parade. New giant Navy plane launched. Twelve dead in Ohio train wrec More U. S. troops arrive in Iceland. Br zilian submarines are tested. Footba Pittsburgh -Fordham, Notre Dame-Navy. RKO PATHE NEWS, No. 22.— Kearn; survivors seen in Iceland. Cameraman a companies convoy in North Atlantic. Mi) Roosevelt takes consumer pledge again* waste. USO collection of film industry t tals $943,684. Army jumpers featured horse show in New York. Football: Ha vard-Army, Notre Dame-Navy. UNIVERSAL NEWSREEL, No. 31 n Kearney survivors land in Iceland. N< giant Navy plane launched in Marylar Anzac fliers in Honolulu. Windsors lea Miami for Bahamas. USO industry colle tion check goes to Thomas Dewey. Civili Defense Week marked in Washingta Jewelry fashions shown in New Yot Horse show in New York. Football: Not Dame-Navy. Arbitration Clerk in Milwaukee Resign J. L. Loell, arbitration board clei at Milwaukee, has resigned his pos I Sam Perry of American Arbitrate) Association headquarters here left f( I Milwaukee yesterday to appoint a su< I cessor. James Murphy of AAA headquai! ters is en route to the Coast on a vis 1 to industry arbitration tribunals. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday ai holidays by Quigley Publishing Compan Inc., 1270 Sixth Avenue, Rockefeller Cente New York City. Telephone Circle 7-31CI Cable address, "Quigpubco, New York." Ms , tin Quigley, Editor-in-Chief and Publishe Colvin Brown, Vice-President and Gener Manager; Watterson R. Rothacker, Vic President; Sam Shain, Editor; Alfred Finestone, Managing Editor; James . Cron, Advertising Manager; Chicago Burea 624 South Michigan Avenue, C. B. O'Nei j Manager; Hollywood Bureau, Postal Unii | Life Building, William R. Weaver, Edito Leon Friedman, Manager; London Burea 4 Golden Square, London Wl, Hope W Hams, Manager, cable address "Quigpubc i London." All contents copyrighted 1941 1 1 Quigley Publishing Company, Inc. Oth Quigley publications: Motion Pictu Herald, Better Theatres, Internatiori Motion Picture Almanac and Fame. E > tered as second class matter, Sept. 23, 19. at the post office at New York, N. \ under the act of March 3, 1879. Subscri tion rates per year $6 in the Americas ai I $12 foreign. Single copies 10c, THE CONTINENTAL Lv. 5:05 pm. Thru Mainliner sleeper to Los Angeles. No change of planes. Fly the cool, scenic Main Line Airway. Arrive Los Angeles 9:25 am. Three additional day- light and sleeper flights. * Call travel agents, hotels or UNITED AIR LINES Airlines Terminal: 80 E. 42nd St. 649 Fifth Ave. 69 Wall St. Pennsylvania Hotel Phone MU-2-7300 ain't Funny, McGee... Radio's Four Fun Aces... Together for the First Time! 4. « % THEY'U you ^They're forty time as funny on the screen • • • droopy drip from Wistful Visti and that willowy fugitive froi a termite ! . . . Four of the names you ever had — in THi LAUGH LIFTOF THE YEAR 4 PRODUCED and DIRECTED BY ALLAN DWAN STORY AND SCREEN PLAY BY JAMES V. KERN Wednesday, November 12, Motion Picture Daily 5 York' Holds Frisco Pace With $17,000 Reviews "The Stork Pays Off' {Columbia) ' I ^ HIS lias a frothy yarn about racketeers and a children's nursery. *■ An ex-beer baron inadvertently conies into possession of the "Storks' Club" and assigns a comic trio of henchmen to watch over the young- sters. The developments thereafter are amusingly preposterous and are good for many laughs. The racketeer finds his new property to his liking when he discovers the girl in charge is Rochelle Hudson. With the assistance of Maxie Rosenbloom, who answers to "Brains," and others, he supports the nursery to the full. An underworld rival presents a problem when he plants the defunct body of "Six Fingers Stimson" in the kitchen closet just as a children's welfare committee is checking up. "Brains" and his colleagues have a hectic time covering up but are successful, and all goes well again. Victor Jory is the racketeer who turns children's benefactor. It is all played for laughs. Running time, 70 minutes. "G."* Eugene Arneel Double Trouble (Monogram) Hollyivood, Npv. 11 THIRST of a proposed series of comedies starring Harry Langdon " and Charles Rogers, "Double Trouble" drew its quota of laughs at its Hollywood preview where its slapstick and buffoonery apparently pleased a mixed audience of young and old. The veteran film funsters are supported by Catherine Lewis, showing promise in an ingenue role ; Louise Curry, Benny Rubin, Dave O'Brien, Mira McKinney, Frank Jaquet and others. A bean cannery owner agrees to care for what he believes to be two youngsters from England for the "duration," and when they arrive, they turn out to be dim-witted adults. They complicate the affairs of his family and his business, winding up by permitting a $100,000 diamond to be mistakenly sealed in a can of beans. Business prospers when customers hope to buy the can which contains the gem, and the major portion of the story is devoted to efforts to get back the jewel. William West directed the picture for producer Dixon R. Harwin and his associate, Barney A. Sarecky. Running time, 63 minutes. "G."* Vance King "The Devil Pays Off" ( Republic) 1"*HE story here is of the traitorous operator of an American steam- ship company whose mercenary inclinations bring him under the influence of "foreign powers," and of a U. S. Navy investigator seeking to solve the mystery of diverted cargoes. The script contains a number of humorous lines in dialogue, which relieve the melodramatic sequences with a quick change of mood. Some- what unusual for such fare is the employment of what appears to be a psychological study of the guilty party, who becomes unnerved at the sight of one of his captains whose death he had decreed. The story is adequately performed by J. Edward Bromberg, Osa Mas- son, William Wright, Margaret Tallichet and others. John H. Auer directed. Albert J. Cohen was associate producer. Running' time. 70 minutes. "G."* Eugene Arneel K \n Francisco, Nov. 11. — "Sergeant ork" held its pace with $17,000 in e second week at the Warfield. "The ^ tie Foxes" in its third week at the len Gate, with vaudeville, drew ^,500. "Honky-Tonk" drew $4,800 :he fifth week at the St. Francis.^ , stimated receipts for the week I ing Oct. 28-30 : i .e Little Foxes" (RKO) S .OLDEN GATE— (2,850) (39c-44c-55c) 7 r 5, 3rd week. Stage: vaudeville. Gross: : 2 500. (Average, $15,000) Niagara Falls" (U. A.) International Lady" (U. A.) UNITED ARTISTS— (1,200) (35c-40c-50c) I days, 2nd week. Gross: $6,800. (Aver- age $8,000) 'Unfinished Business" (Univ.) Moonlight in Hawaii" (Univ.) 0 R PH EUM — (2,4-40) (15c-35c-40c-50c) 7 lavs. Gross: $9,000. (Average, $8,000) •Unholy Partners" (M-G-M) •Ice-Capades" (Rep.) PARAMOUNT— (2,740) 15c-35c-40c-50c) ' days. Gross: $12,800. (Average, $11,- 100) '•Weekend in Havana" (20th-Fox) "Riders of the Purple Sage" (20th-Fox) FOX— (5,000) (15c-35c-40c-50c) 7 days, en.l week. Gross: $13,000. (Average, r.16.000) 'Honky-Tonk" (M-G-M) ' ST. FRANCIS— (1,400) (15c-35c-40c-50c) ' days. 5th week. Gross: $4,800. (Aver- age, $4,500) The Stars Look Down" (M-G-M) CLAY— (400) (15c-35c-45c) 7 days, 2nd week. Gross: $1,000. (Average, $1,000) 'Sergeant York" (W. B.) WARFIELD— (2,680) (2Sc-50c-65c) 7 days, gnd week. Gross: $17,000. (Average. i?12.000) Business' Scores $14,000 in Capital 1 Washington, Nov. 11. — Despite ompetition from sports and an indoor benefit circus, receipts held up well. RKO-Keith's had $14,000 with "Un- inished Business." Estimated receipts for the week ?nded Oct. 29-30: "Honky Tonk" (M-G-M) I.OEW'S PALACE -(2,300) (39c -55c) 7 days, 3rd week. Gross: $11,500. (Aver- >g«. $10,000) "Great Guns" (20th-Fox) WARNER'S METROPOLITAN-U.600) <(28c-44c) 7 days. Gross: $7,500. (Average, $4,000) "Unfinished Business" (Univ.) RKO-KEITH'S— (1,834) (39c-55c) 7 days. IGross: $14,000 (Average, $10,000) "Major Barbara" (U. A.) I.OEW'S CAPITOL— (3,434) (28c-39c-55c- |66c-77c) 7 days. On stage: Frank Gaby, M:inan Belett & English Bros., Capi- tolians. Rhythm Rockets. Gross: $14,000. ' < Average. $15,500) "Ladies in Retirement" (Col.) W ARNERS' EARLE— (2,200) (28c-39c- «c-66c-77c) 7 days. On stage: Equillo Bros., Fayne & Foster, Four Samuels, Jackie Miles. Roxyettes. Gross: $15,700. •Average. $15,000) "Sun Valley Serenade" (20th -Fox) I I.OEW'S COLUMBIA-0.250) (28c-44c) 7 days, return engagement. Gross: $4,800. ''Average, $3,500) Three Firms Formed Albany, Nov. 11. — Three new companies have been incorporated here. They are : Fama Pictures Corp., New York, by Nat Wachsberger, Mary Crystal and Hannah Gurson ; Gutta Theatrical Productions, Inc., Brooklyn, by Gutta and Samuel Goldenberg and Arnold Fleitman, and Polski Teatr Narodowy, Inc., New York, by Ruth Handler, Gertrude Fried and Beatrice Loeb. *"G" denotes general classification. Snowstorm Dampens Business in Omaha Omaha, Nov. 11. — Adverse weather topped by a weekend snowstorm cooled business here. "Honky Tonk" got $8,100 at the Omaha for the best of a mediocre week. Estimated receipts for week ending Nov. 5-6: "You Belcng to Me" (Col.) "Ellery Queen and the Perfect Crime" (Col.) BRANDEIS — (1.200) (30c-44c) 7 days. Gross: $4,200. (Average, $4,000) "Hcnky Tcnk" (M-G-M) "Private Nurse" (20th-Fox) OMAHA — (2.000) (30c-44c) 7 days. Gross: $8,100. (Average. $6,000) "Sundown" (U.A.) "Buy Me That Town" (Para.) ORPHEUM — (3,000) (30c-44c) 7 days. Gross: $7,500. (Average, $7,000) "Nothing But the Truth" (Para.) "Week End in Havana" (ZOth-Fox) PARAMOUNT— (3.000) (30c -44c) 7 days, 2nd week. Gross: $3,600. (Average, $5,000) 'Yank' Is Montreal Smash With $11,000 Montreal, Nov. 11. — "A Yank in the R.A.F." played to S.R.O. for the first few nights of its showing here at the Palace, and topped local receipts with $11,000. Estimated receipts for the week ending Oct. 30 : "Lvdia" (U. A.) ORPHEUM — (1,000) (30c-40c-60c) 7 days, 3rd week. Gross: $3,500. (Average, $4,000) "The Little Foxes" (RKO) LOEW'S— (2,900) (35c-47c-67c) 7 days, 2nd week. Gross: $5,500. (Average, $7,000) "Married Bachelor" (M-G-M) "Down in San Diego" (M-G-M) PRINCESS — (2,200) (30c-40c-53c) 7 days. Gross: $3,000. (Average, $2,500) "A Yank in the R.A.F." (20th-Fox) PALACE— (2,200) (30c-45c-62c) 7 days. Gross : $11,000. (Average, $7,000) 'The Feminine Torch" (M-G-M) "Too Many Blondes" (Univ.) CAPITOL— (2.800) (30c-45c-62c) 7 days. Gross: $5,000. (Average, $4,000) 43 New Films Now Shooting; 12 Completed Hollywood, Nov. 11. — Forty-three pictures were before the cameras this week, as 17 were started, 12 finished and one suspended. Twenty were be- ing prepared, and 82 were being edi- ted. RKO was the busiest studio, with eight in work. The tally by studio: Columbia Finished : "The Devil's Trail." In Work: Ellery Queen No. 5. Started: "The Man Who Returned to Life," "Martin Eden," "Shut My Big Mouth," "Lawless Plainsmen." M-G-M Finished: "Mr. and Mrs. North." In Work : "Joe Smith, American," "China Caravan," "Born to Sing," "I Married An Angel," "We Were Dancing." Started: "Mrs. Miniver." Monogram Finished : "Lone Star Law Men." //;. Work : "Boy of Mine," "Riot Squad." Started : "Freckles Comes Home." Paramount Finished: "The Girl Has Plans," "The Fleet's In." In Work : "This Gun for Hire," "True to the Army," "Dr. Broad- way." RKO Finished : "Joan of Paris." In Work : "The Magnificent Am- bersons," "Syncopation," "Sing Your Worries Away," "Valley of the Sun," "Mexican Spitfire at Sea." Started: "The Mayor of 44th Street," "The Falcon Takes Over," "The Tuttles of Tahiti." Republic Finished: "West of Cimarron," "Red River Valley," "Behind Broad- way Lights" (formerly "Mr. District Attorney and the Carter Case.") In Work : "Lady for a Night." Started: Untitled Don Barry west- ern. 20th Century-Fox Finished: "Blue, White and Per- fect." In Work: "Song of the Islands," "Roxie Hart," "On the Sunny Side." Started: "To the Shores of Tripoli," "A Gentleman at Heart," "You Can't Always Tell," "Tales of Manhattan" (sequence number two). Suspended: "Son of Fury." Universal Finished : "The Panama Kid." In Work : "Destiny," '"Frisco Lil." Started : "Temporary Bride." Warners In Work : "Juke Girl," "Always in My Heart," "Arsenic and Old Lace." Started: "In This Our Life," "The Night Before Christmas." Conn. Allied Official To Make Decree Poll New Haven, Nov. 11. — Allied Theatre Owners of Connecticut today announced plans to have its newly elected secretary, Maxwell Alderman, canvass independent exhibitor opin- ion in this territory on workings of the industry consent decree. Law- rence C. Caplan, the retiring secre- tary, has been given a vote of thanks by the organization. 6 Motion Picture Daily Wednesday, November 12, 194 Trial in Minn. 5 -Block Case Starts Dec. 15 'We 11 Clear Matters Up, Give Us a Break, 9 Asks I A Chief {Continued from page 1) decree law, it is believed by company attorneys. In setting the date for start of trial in the third week of December, pro- vision was made for a recess over the Christmas and New Year's holidays, indicating that the first round of the trial is not expected to be completed before the end of the year. Meanwhile, Warners is scheduled to go before Federal Judge Henry W. Goddard on Friday to argue its appli- cation for a release from the sales provisions of the decree insofar as its Minnesota operations are concerned. That the application will be approved is taken for granted by industry at- torneys., inasmuch as Judge Goddard, in approving an identical application by Paramount over the objections of the Government two weeks ago, as- serted that the consenting companies are entitled to the relief sought under Section 23 of the decree. The section provides that they shall be relieved of compliance with the decree when any of its provisions come into conflict with state or other laws. Loew's, RKO and 20th Century- Fox have no plans for following the Warner-Paramount lead on Minne- sota selling at this time, so far as could be learned yesterday. Missouri 'Some Run' Complaint Dismissed St. Louis, Nov. 11. — The some run complaint of Floyd Lowe of the Star, Lebanon, Mo., was dismissed today by Arbitrator William H. Stead, Washington University professor. Lowe originally had named all five consenting companies, but had settled with Warners and 20th Century-Fox before hearing on his complaint started. Stead said Lowe's contention thai he had not been able to buy any oi the companies' pictures was not borne out by evidence submitted. The ar bitrator held Lowe had never mad application for their product before the arbitration started. Stead assessed charges against Lowe. Baltimore Clearance Hearing to Resume Washington, Nov. 11. — The Lin- den Theatre, Baltimore, clearance hearing will be resumed Thursday b Milton W. King, arbitrator. Session consuming a total of 13 hours wen held last week. The complaint ii against Vitagraph, Paramount, RKO, Metco Theatres, Inc., and the Grand Co. November 26 has been set for hear ing of the clearance complaint by th Charles Theatre, La Plata, Md., against Loew's. John H. Taylor, op erator of the Charles, cited the Marl- boro Theatre, operated by Sidne Lust, as receiving undue clearance. FPC Renews Operation Toronto, Nov. 11. — Famous Play- ers Canadian Corp. has renewed an agreement with the Franklin Hershon Theatres, Ltd., for the operation of seven houses in the Maritime Prov- inces. {Continued from page 1) "There are over 50,000 men look- ing to the IA for protection. Give us a break," he pleaded. "We'll go along and clear things up." Asked about the two per cent as- sessment fund which had been under Browne's exclusive jurisdiction, Walsh declared that "we're looking that over." He explained that it had been discontinued more than a year ago but that he knew little about it as Browne had controlled it himself. Will Help if Asked Walsh said that, with all IA locals having complete autonomy, there is no occasion for the IA to negotiate any contracts or step in on local situa- tions. "We'll give them all the help they need if they ask for it," he promised. The first specific job Walsh will undertake is to help the IA locals on the Coast to obtain their contracts from the studios. The locals there have been ne- gotiating themselves and have an offer of a 10 per cent in- crease under advisement, he ex- plained, and the IA will offer them as much help as they need. Jurisdictional disputes among IA locals will be adjusted by the I A be- fore any contracts are signed, he said, but where an IA local has a dispute with a local of another international or independent union, it will be either a matter for the AFL to determine or left to the local to iron out, except where aid from the IA is specifically requested. Financially, he said, the IA is in the best position it has ever been. No change is planned in the manner of rendering financial statements, he said, as each local receives quarterly re- ports. It is not planned to publish these reports generally, he said. Executive Board to Meet Walsh cleared up reports that he will hold his post only until the next convention. He explained that the IA constitution had been amended and that when Browne had been elected in 1940 the first four-year term had gone into effect. However, the executive board will meet in January to make plans for the regular biennial conven- tion to be held in 1942, he said. Asked whether he would take any steps about the dual union situation existing between Local 306 and the Empire State Operators Union in New York City, Walsh repeated that the IA would not interfere with local matters unless aid was requested. Re- ferred to the repeated pleas for aid from Local 702 in its efforts to or- ganize Eastern laboratories, Walsh declared that all Eastern laboratories would be in the IA fold in the near future. All exchange workers' locals were granted the right to negotiate their contracts individually at the Oct. 25 meeting of the IA executive board, Walsh said, and nothing would be done to interfere unless a local asked for aid. Walsh said there is no need for taking measures to restore membership confidence in the IA leadership. "We have that con- fidence right now. Not a single communication has been re- ceived from any local asking for changes," he said, pointing to a pile of letters and telegrams stacked on his desk. Walsh is a stocky, clean-shaven man. He is married and lives in Brooklyn. The Walshes have no chil- dren. He joined Local 4, the stage- hands' union in Brooklyn, in 1917 as an apprentice electrician. In 1924, he was elected president of the local and became its business agent in 1926, a post which he held until 1937 when he moved to IA headquarters. He was elected an IA vice-president in 1934 and was its third vice-president up to last Sunday. In 1939, his local again named him president, an unpaid post. Studio Locals Look To Walsh for Peace Hollywood, Nov. 11. — Locals of the IATSE here today looked to the administration of president Richard F. Walsh for action on the long seething jurisdictional disputes which have in- terrupted the locals' affairs since 1933. Most important of all is the fight be- tween the American Society of Cine- matographers and Studio Photog- raphers Local 659 over first camera- men who must be ASC members on the major lots and must hold I A cards on independent lots and on loca- tion. Sound Equipment Dispute Second is the dispute between the IA Sound Technicians Local 695 and Local 40 of the International Brother- hood of Electrical Workers over which group should have control over certain workers on sound equipment. Among other jurisdictional disputes are those between IA Property Men's Local 44 and Studio Carpenters Local 946, over prop makers, and between IA Laborers Local 727 and Studio Utility Employes Local 724 of the General Construction Workers Inter- national Union, over back-lot laborers. The electricians, carpenters, and gen- eral construction workers international unions are all part of the studio basic labor agreement. All but the dispute with the General Construction Workers International Union had their origin in the ill-fated IA strike in 1933 when the IA locals' membership dispersed to other AFL units or did not carry union cards. The fight with the Studio Utility Em- ployes came as a result of the 1937 Federated Motion Picture Crafts strike after which the IA took over about half of Local 724's membership. Stockholders Of RKO Will Meet Jan. 15 Early Xmas Buying Starts in Cincinnati Cincinnati, Nov. 11. — Exhibitors here are anticipating an early start of the usual pre-Christmas buying slump, with the official opening of the shop- ping season. Mayor James G. Stewart, acting on the plan proposed by the Retail Mer- chants Association, has proclaimed the opening of the Christmas season this week, and all local stores are decorated in holiday fashion. {Continued from page I) On Nov. 1, the accumulated unpaid dividends on the preferred amounted to $10.50 per share. However, transfer of that vot? privilege to the preferred stock is n' j expected to result in any chan: which would not have occurred in / election of directors entirely by col mon shareholders, since the Atli Corp. -RCA interests, which togetht hold a majority of the preferred, like wise hold a majority of the common The new board will probably mee-' late in January to elect officers. Officers Reelected By Chicago Uniot Chicago, Nov. 11. — All executiv officers of the Chicago Film Exchang> Employes' Union, local B45, hav been reelected. Votes were cast b; 150 of the 215 members. Reelecte were Sam Lamasky, president ; Ro Rodman, vice-president ; Kennet Siem, Secretary-treasurer, and George W. Busch, business manager ; Jame Castle, sergeant-at-arms. The new executive board is com1 prised of Anna Birhanzle, Ted Butler Joseph Baron and Mary Sitton. Nev trustees are Jajnes Tobin, Dorotlr Crawford and Olivia Kennedy. Cartoonists to Join Studio Union Grou\ Hollywood, Nov. 11. — The Scree Cartoonists Guild, affiliated with th Painters Brotherhood, last night vote to join the Conference of Studi Unions, intra-industry organizatio being formed of A. F. of L. local having complete autonomy. Benchley to Be M.C. At Ampa Tomorroi {Continued from page 1) Juanita Juarez, Don Terry, Grantlan Rice, Sterling Holloway, Fanm Hurst, Craig Wood, Billy Vine, E East and Polly, and Paul Dougla The Quiz Kids will be heard in specially recorded broadcast pokir fun at the film industry. Plan Bomb Sight Film Hollywood, Nov. 11. — RKO plar to make "Bombardier," a story i Army Air Service bomb sight open tions, with the cooperation of tl U. S. Army. Reeves Espy, who wi produce, has gone to Barksdale Fiel near Shreveport, La., to confer wil Major Ralph Jester of the Am General Staff on plans. World Acquires Produc World Pictures Corp. has closed five-year deal with Esquire Films the United States, Inc., for the di tribution of Esquire films in the U. and possessions. In the first groi are 14 films, including "This En land," "The Great Horizon," "Cot mon Touch" and others. ■ 8 Motion Picture daily Wednesday, November 12, 1941 Notes from Hollywood Hollywood, Nov. 1 1 T anet Blair has been given the feminine lead in Columbia's "Trini- " dad," opposite Pat O'Brien and Brian Donlevy. The compara- tive newcomer, under Columbia contract, replaces Claire Trevor, tied up on "Martin Eden," another Columbia picture. Miss Blair's only other role of prominence was in "Three Girls About Town." Twentieth Century-Fox has pur- chased "Road to Yesterday," unpub- lished novel by Stanley Russell, and M-G-M acquired "The Harvey Girls," by Eleanore Griffin and William Rankin, dealing with five waitresses in the famous Harvey Houses. . . . Don Terry, who plays the title role in Universal's serial, "Don Winslow of the Navy," is on a personal appearance tour in connec- tion with the opening of the chapter play in Eastern cities. . . . Henry Wilcox on has been added to the cast of "Mrs. Miniver" at M-G-M. . . . Hal Forbes, vice-president in charge of production for Sunbeam Film Pro- ductions, and Nate Watt, director, have returned from New York. . . . Three new musical numbers have been written for M-G-M's version of "Rio Rita." • • Cantinflas, stage-screen star of Mexico, has arrived here to discuss with RKO Producer Pare Lorentz his first American film. . . . Al Rogell has been as- signed by Republic to direct "Moonstruck," Judy Canova pic- ture formerly titled "Chatter- box.". . . Irene Manning, opera singer formerly known as Hope Manning, has been given a con- tract by Warners. . . . Univer- sal's "Temporary Bride" has Robert Paige and Jane Frazee in the leads. Charles Lamont is directing. . . . Borrah Mine- vitch and his Harmonica Ras- cals have been set for Warners' "Always in My Heart." • • Paramount will star seven-year-old Carolyn Lee in "Mrs. Wiggs of the Cabbage Patch," Kate Douglas Wiggins story. Last time the picture was made in 1931 with Virginia Weidler in the girl role and Pauline Lord and W. C. Fields playing the adult leads. . . been given a Paramount. . director, turns . Brian Donlevy has contract extension by . Charles Brabin, to acting in "I Mar- ried an Angel," M-G-M. . . . Para- mount has borrowed Norman Taurog from M-G-M to direct "Mr. and Mrs. Cugat.". . . The studio also extended the contract of director Lewis Allen. . . . Robert Rossen is working on the script of "Sea Devil" at Warners. . . . Stuart Erwin joins the cast of 'Martin Eden" at Columbia. . . . Charles Lederer, film writer, shortly will turn director. M-G-M has given him his first megaphone assignment in "Fingers at the Window," murder mystery. • • Ann Ayars, newcomer, gets the lead opposite Conrad Veidt in M-G-M's "Salute to Cour- age." . . . William Holden, Susan Hayward, Eddie Bracken, Jim- my Lydon and Robert Benchley head the cast of Paramount's "Out of the Frying Pan." . . . Supporting Carole Lombard and Jack Benny in Korda's "To Be or Not to Be" are Robert Stack, Felix Bressart, Lionel Atwill, Stanley Ridges, Charles Halton, Esther Dale, Tom Dugan. Ruth Warrick and Eddie Foy, Jr., have supporting roles in RKO's "Powder Town.". . . Mantan More- land goes into Monogram's "Freckles Comes Home.". . . Frances Farmer gets the feminine lead in Harry Sherman's "American Empire," op- posite Richard Dix. . . . Reginald Owen will support Greer Garson and Walter Pidgeon in "Mrs. Mini- ver," M-G-M. . . . Paramount is planning a picture based on the life of the late Helen Morgan, with B. G. De Sylva, executive producer, taking active charge. . . . Joseph Calleia gets the role of El Sordo in "For Whom the Bell Tolls." Mutual Shows 59.1 Increase For 10 Months Mutual yesterday resumed the practice of releasing its gross bill- ing figures after having discontin- ued them last January by agree- ment among the networks. The figures announced showed that Mu- tual has increased its normal busi- ness, excluding political billings, by 59.1 per cent for the first 10 months of this year over the same period in 1940. No explanation was given by Mu- tual for the resumption of the dis- closure of business figures. For the first 10 months of 1941, Mutual gross billings were $5,393,522, an increase of 51.4 per cent over the total of $3,562,509 for same period last year. However, the increase amounts to 59.1 per cent when the political billings are disregarded. October Comparison The gross for October, 1941, was $839,829, a rise of 37.3 per cent over the total of $611,794 for October, 1940, not including political business, and seven per cent over the $784,676 total including political billings. Because of the holiday, it could not be learned yesterday whether the other networks also planned to release figures. At the time it was decided to discontinue the figures, the principal reason given was that gross billings, which do not reflect discounts, are not an accurate indication of business. In some circles it was said that the radio industry feared a taxation move if the constantly mounting revenues were published frequently. At the time, the National Associa- tion of Broadcasters undertook to de- velop a plan for units of sponsored time to be reported but the method was never formulated. Subsequently, in May, during the course of the As- cap fight, Mutual and many of its affil- iated stations, withdrew from NAB. AMERICAN RED CROSS RED CROSS ROLL CALL - NOV. 11-30 FCC Network Rules Await Writ Decision A stipulation between NBC and the FCC has been filed in the Federal Court postponing the effective date of the new network monopoly regula- tions from Nov. 15 until after a de- cision on the motion for a temporary injunction made by the network. A similar stipulation with CBS is sched- uled to be signed and filed today. The court will hold a hearing on the motion Dec. 15 at which time the FCC will counter by asking for dis- missal of the suit. Attorneys who will handle the suit for the FCC and the Government are Samuel Brodsky, Telford Taylor and Thomas Harris. Brodsky said yesterday that he did not believe that Asistant U. S. Attor- ney General Thurman Arnold would take part in the action but stated that it was "a possibility." Four Stations Ask Power Increases Washington, Nov. 11. — Increases in power have been asked by four broadcasting stations in applications filed with the FCC. Stations WAAT, Jersey City, N. J., asked an increase from 1,000 to 5,000 watts ; WKRC, Cincinnati, asked change in frequency from 550 to 640 kilocycles and increases in power from 1,000 watts night, 5,000 watts day, to 50,000 watts ; WDBO, Or- lando, Fla., sought an increase in day power from 5,000 to 10,000 watts, and KHQ, Spokane, Wash., asked for a similar increase in day power. FCC Delays Hearing Washington, Nov. 11.— The FCC has ordered postponement until Nov. 27 of the hearing scheduled Nov. 13 on newspaper ownership of broadcast- ing stations. Ascap Election Is Expected Shortly As Test of Strength (Continued from page 1) of the month. It is probable also that the board may defer an election until after a general Ascap membership meeting which is scheduled to be held in December. Segments of the Ascap board and^ membership reportedly favor a change of officers to map a campaign to open up new revenue sources to the society to offset the lower annual income' from radio under the new long-term contracts with networks. How wide- spread that feeling is and how much strength it could muster in an election of Ascap officers is not apparent at this time. $57,277 Judgment Is Set Against Erpi Federal Judge John C. Knox has ordered a judgment totaling $57,277 against Erpi and in favor of John G. Paine as agent and trustee for more than 40 music publishing houses. The judgment granted on stipulation of the parties is the result of a suit filed in 1936 in which Erpi was charged with the use of a large number of musical compositions for recording in foreign countries without the consent of the publishing houses. Judge Knox in 1939 after ruling in favor of the plaintiff ordered a refer- ence to determine the amount of the liability on the part of Erpi. The suit involved the question of law of whether music in which the plaintiffs held U. S. copyrights could be re- corded in other countries where the compositions were in the public do- main. The suit originally sought $149,948, but was scaled down by the court. Rorke Named Aide To Ruppel at CBS Hal B. Rorke has been named as- sistant director of publicity at CBS, Louis Ruppel, publicity head, an- nounced yesterday. Rorke, who will assume his new duties about Dec. 1, succeeds Ted Weber who resigned to become amusement advertising man- ager of the new Marshall Field news- paper in Chicago. Rorke is the pub- licity head of the CBS Pacific net- work and has been with the West Coast staff since 1937. Before that he was managing editor of the Los Angeles Illustrated Daily News and with the M-G-M publicity department. Trade Press Men in 'Battle of the Sexes' Representatives of the trade press tried valiantly to uphold the honor of their sex last night against four com- ediennes in the "Battle of the Sexes" program in the interests of Molle shaving cream, over the NBC Red from 9 to 9 :30 P.M. The trade press men were : Herman Pincus, radio advertising manager of Motion Picture Daily ; Edward Flynn, Downbeat ; Paul Ackerman, Billboard, and Sid Weiss, Radio Daily. Their opponents : Ann Thomas, Pert Kelton, Betty Garde and Min- erva Pious. Motion Picture Daily Broadway Enjoys Smash Armistice Day Business 'Business9 at Wednesday, November 12, 1941 'Soldier' and Show Boston Best, $23,800 Boston, Nov. 11. — With business generally off at most of the downtown houses, a stage show headed by Bill - Robinson and Jimmy Lunceford and Efiiis orchestra plus "Swing It, Soldier" fat the Keith Boston topped box-office I receipts with $23,800. I Estimated receipts for the week a ending Nov. 5-6 : ' "Swing It, Soldier" (Univ.) KEITH BOSTON — (2,697) (3Gc-40c -44c- I 55c-6Sc) 7 days. Vaudeville including Bill Robinson, Jimmy Lunceford and his or- chestra, James Young, the Miller Brothers and Lois and Velma Middleton. Gross: $23,800. (Average. $8,000) "Belle Starr" (20th-Fox) "They Meet Again" (RKO) KEITH MEMORIAL— (2,907) (30c-40c- 44c-55c) 7 days. Gross: $14,000. (Average, $16,000) "Week-End in Havana" (20th-Fox) "Great Guns" (20th-Fox) M ETROPOLITAN — (4,367) (28c - 30c -40c - 55)c 7 days. Gross: $16,780. (Average, $15,- 500) "Our Wife" (Col.) "Bullets for O'Hara" (W. B.) PARAMOUNT— (1,797) (28c -30c -40c -44c- 55c) 7 days. Gross: $7,000. (Average, $7,500) "Our Wife" (Col.) "Bullets for O'Hara" (W. B.) FENWAY— (1,320) (2Sc-30c-40c-44c-55c) 7 days. Gross: $3,800. (Average, $4,500) "Nothing But the Truth" (Para.) "Buy Me That Town" (Pan-a.) SCHOLLAY— (2,500) (28c-30c-4Oc-44c-55c) 7 days, 3rd run. Gross: $3,100. (Average, $4,000) "You'll Never Get Rich" (Col.) "Tilhe the Toiler" (Col.) LOEWS STATE— (3.000) (30c-40c-44c- 55c) 7 days. Gross: $14,200. (Average, $12,- 000) "You'U Never Get Rich" (Col.) "Tillie the Toiler" (Col.) LOEWS ORPHEUM— (2,900) (30c-40c- 44c-55c) 7 davs. Gross: $18,100. (Average, $17,500) Legion Approves Six New Pictures The National Legion of Decency has approved six new films for the current week, three for general pat- ronage and three for adults. The new films and their classification follow. Class A-l, Unobjectionable for Gen- eral Patronage — "Buy Me That Town," "Ellery Queen and the Mur- der Ring," "Riding the Sunset Trail." Class A-2, Unobjectionable for Adults — "Appointment for Love," "Hot Spot," "Swamp Water." Broidy Back on Coast Hollywood, Nov. 11.— Samuel S. Broidy, general sales manager for Monogram, returned here today, after a trip to key cities, during which he reported 175 theatres have been added to the company's list of ac- counts. Nor manly Leaving 'U' Hollywood, Nov. 11. — James Nor- mally, for the last five years general business manager of the Universal studio, will leave his post next Sun- day. He plans a vacation until Jan. 1. He formerly was with the Bank of America. Lift Laurel-Hardy Option Hollywood, Nov. 11. — Twentieth Century-Fox has exercised an option on Stan Laurel and Oliver Hardy, following the film, "Great Guns." The contract calls for 10 pictures in the next five years, the next to be "Pit- falls of the Big City." (Continued from paye I) ness, ranging in verbal report all the way from "very big" and "tremen- dous" to "complete sellout — SRO" and "one of our biggest matinees." At the Broadway film houses, busi- ness was unusually strong all the way. Some of the houses reported long lines of standees from the morning hours extending well into the afternoon. The Music Hall, for example, re- ported an SRO matinee, with 500 standing in line at 1 P. M. The Broadway reported a capacity-plus matinee, with a line of standees out- side of the house which was not dissipated until 4 P.M. The Roxy, Rialto, Astor, Paramount, Strand and Rivoli all reported substantial busi- ness throughout the day, with several having standees. Chicago Loop Houses Report Capacity Crowds Chicago, Nov. 11.— With thousands of people thronging the Loop, since most business houses shut down for all or part of the day, and with the schools closed for Armistice Day, all houses in the Loop reported capacity business. The Chicago and State-Lake Thea- tres reported holdouts at noon, and other theatres filled rapidly. Balaban & Katz charged holiday prices in the Loop houses, the first time that has been done on Armistice Day. Prices were 55 cents to 1 P.M., 65 cents and 75 cents thereafter. Holiday Business Is Strong in Los Angeles Los Angeles, Nov. 11. — With cloudy skies and high temperatures, Armistice Day theatre business was off to a strong start here today. The usual influx of holiday visitors to the city was augmented by 10,000 soldiers from Ford Ord and Camp San Luis Obispo, plus service men on leave from San Diego and other camps. Business held generally strong at the local theatres, with "Birth of the Blues" at the Paramount and "Citizen Kane" at the Hawaii on Hollywood Boulevard appearing to be the strong- est attractions. Armistice Day Brings Good Grosses in N. O. New Orleans, Nov. 11. — Theatres and amusements generally reported unusually good business here today, as the Armistice Day observance caused many business houses to close, some all day and others a half day. Ex- ceptionally clear weather also helped at the box-office. Evening business at downtown houses, however, was affected by an elaborate night parade, which lasted several hours. Boston Reports Big Box-Office Boston, Nov. 11. — Film and legiti- mate houses reported record grosses for the Armistice Day holiday, with downtown theatres announcing stand- ing room at a premium and motion picture houses turning customers away. A big parade drew an esti- mated 150,000 visitors to the city. Toronto Business Reported as Good Toronto, Nov. 11. — Matinees today found suburban theatres packed and downtown theatres well filled, and evening attendance was heavy every- where. Theatres charged the usual scales. Raw weather and sleet dis- couraged outdoor activities except two parades. Retail stores were closed in the morning for observance of the of- ficial program, and morning theatre patronage was off. Banks and schools observed the full holiday. Montreal Builds To Normal Gross Montreal, Nov. 11. — After a slow day in which Armistice exercises kept this city's population occupied, eve- ning theatre business picked up and in most instances was normal, managers reported. A parade in the morning killed opening business entirely, with the city turning out en masse to wit- ness wreath laying ceremonies. Pro- jectionists suspended showings during the two-minute silence at 11 o'clock, as is the custom. Many business houses observed a whole or half holiday. Exhibitors reported afternoon business picked up and built steadily in the evening. Rochester Stage Show Rochester, Nov. 11. — Ted Lewis and his band will play a four-day stage run at the RKO Temple here beginning Dec. 2, according to Man- ager Lou Mayer. Big $20,000, Los Angeles Los Angeles, Nov. 11. — "Unfin- ished Business" and "Moonlight in Hawaii" scored $10,000 at the Hill- street and the same at the Pantages, for a total of $20,000. Other grosses were down. Estimated receipts for the week ending Nov. 5 : "Smilin' Through" (M-G-M) "Dr. Kildare's Wedding Day" (M-G-M) CHINESE— (2,500) (33c-44c-55c-75c) 7 days. Gross: $9,500. (Average, $12,000) "Sundown" (U.A.) 4 STAR— (900) (44c-55c) 7 days, 3rd week. Gross: $5,000. (Average, $3,250) "Citizen Kane" (RKO) HAWAII— (110) (33c-44c-55c-75c) 7 days, 3rd week. Gross: $8,000. "Unfinished Business" (Univ.) "Moonlight in Hawaii" (Univ.) HILLSTREET— (2,700) (33c-44c-55c-75c) 7 days. Gross: $10,000. (Average, $6,500) "Smilin' Through" (M-G-M) "Dr. Kildare's Wedding Day" (M-G-M) LOEWS STATE — (2,700) (33c-44c-55c-75c) 7 clays. Gross: $13,500. (Average, $14,000) "Unfinished Business" (Univ.) "Moonlight in Hawaii" (Univ.) PANTAGES — (3,000) (33c-44c-55c-75c) 7 days. Gross: $10,0000. (Average, $7,000) "Nothing But the Truth" (Para.) "Henry Aldrich for President" (Para.) PARAMOUNT— (3,595) (33c -44c -55c -75c) 7 days. "Truth" 3rd week. Stage: "Glamour Girls of 1942." Gross: $16,000. (Average, $18,000) "International Squadron" (W.B.) "The Smiling Ghost" (W.B.) WARNER BROS. (Hollywood) - (3,000) (33c-44c-55c-75c) 7 days. Gross: $12,600. (Average, $14,000) " International Squadron" (W.B). "The Smiling Ghost" (W.B.) WARNER BROS. (Downtown) — (3,400) (33c-44c-55c-75c) 7 days. Gross: $13,300. (Average, $12,000) Successful football teams mix 'em up . . . dazzle fem with variety . . . play them off their feet. A line buck ... a lateral pass ... a play around the ends. Kicks, forward passes, off-tackle plays . . . In show-business, too, you've got to mix 'em up . . . Keep pounding away with Trailers, Posters, Heralds, Lobby Displays, 24-Sheets . . . everything in the advertising bag and you're bound to come out on top. A good team plays for the final score ... a good showman plays for the year's receipts. Let advertising pave the way for you just as the interference clears the field in football. Carry that ball with those three great ball car- riers . . . Standard Accessories . . . Special Ac- cessories . . . Trailers . . . nnnorifu Cj&WCfl service {^yPRUE BRBY OF THE INDUSTRY Alert, MOTION PICTURE A B, P. PRODUCERS & DISTRIBUTORS OF AW., INC 28 WEST 44TH ST. , REV YORK, N. Y. (3 COPIE ILY First in and Impartial 50. NO. 96 NEW YORK. U.S.A., THURSDAY, NOVEMBER 13, 1941 TEN CENTS [ajors Named In Nebraska 4nti-Trust Suit Climaxes Trust Actions Involving Theatres A cross-fire of anti-trust actions involving almost every Omaha the- atre was climaxed this week with die filing in state court at Lincoln 3i an anti-trust suit against the R. D. Goldberg Theatres and the major di>tributors by the State At- torney General. Indications were that the distributors iad been caught in the middle of an Omaha exhibitors' controversy, in- volving the A. H. Blank and Sam lEpstein Omaha theatres as well as 'the Goldberg circuit, leaving the dis- tributors as defendants in two result- ling anti-trust suits. Details of the action charging the [Goldberg Omaha theatres and the dis- ributors with violations of the Ne- braska anti-trust laws had not been (Continued on pane 10) Open Film Tribunals For Other Disputes Buffalo, Nov. 12. — The 31 indus- ry arbitration boards in the key cities throughout the country will be opened Ito all forms of industrial complaints and will no longer be exclusively mo- ion picture tribunals, under an agree- ment reached with the film industry recently, J. Noble Braden, executive secretary of the American Arbitration Association, disclosed in an address before the Erie County Bar Associa- tion here today. Braden indicated that the reason for the opening of the boards to all types of industrial disputes was the com- paratively few arbitration complaints filed under the film industry consent decree since the boards were launched (Continued on parie 10) Mrs. Sydne Silverman Dies at 37, Long III Harrisox, N. Y., Nov. 12. — Mrs. Sydne Silverman, wife of the pub- lisher of Variety, died here today at t ieir home on Pleasant Ridge Road, after a long illness. She was the for- mer Marie Saxon, featured dancer in Broadway musical shows. She was 37. Besides her husband and a son, Sydne, Jr., aged 10, she is survived by her mother, Mrs. Pauline Saxon, and a brother, Robert Landry. Interest of Exhibitors in Shorts Seen Increasing By SAM SHAIN Distributor representatives report a mounting exhibitor interest in short subjects due to the fact that improved production and more careful selection of production subjects , has sharpened the public's taste and interest in these subj ects. This greater interest trend is be- lieved proved by the holding of to- day's special A in pa session which will be devoted to the short subject field. Also, Motion Picture Daily in this issue presents a section devoted to short subjects and in which principal distributors of these films are repre- sented. Already, these distributor represen- tatives report that about 130 of the 5S5 promised subjects for the year are The Ampa luncheon meeting at the Hotel Edison today, de- voted to short subjects, will hear an address by Mrs. Besa Short of Interstate Circuit. Robert Benchley will be master of ceremonies, and guests will include John Kieran, Grant- land Rice, Sterling Holloway, Abbott and Costello and others. in release. Shorts with timeliness of theme and exploitable elements are the most desired, they say. Norman Moray, Warner Bros, chieftain, reports that in instances the- atres have begun to drop the second feature in favor of a single feature program with shorts. He also reports that his company's business in short subjects has risen by about 25 per cent. Bernard Kreisler, who heads the short subject field at Universal, re- (Continued on pa fie 5) RKO,20th-Fox AskExemption On Minn. Sales RKO and 20th Century-Fox made applications yesterday to Federal Judge Henry W. Goddard for ex- emptions from the consent decree's sales provisions to permit them to resume selling in Minnesota under the state's anti-block-of-five law. Hearings on the applications are slated for tomorrow, concurrently with the Warner petition for Minne- sota exemption. Loevv's officials said yesterday that the company will reconsider its pre- vious decision to refrain from selling in Minnesota under the state law but added that they were "not at all sure" that any change of policy would re- sult from such a reconsideration. They said that the fact that all of the other consenting companies had de- cided to reenter the Minnesota field "forced!1 them to reconsider their pro- cedure but this did not necessarily mean that they would take the same action. A motion by 20th Century-Fox also was filed with Judge Goddard yester- day requesting a ruling on the appli- cation of Section IS of the decree to certain franchises for the company's product. Section IS exempts fran- chises entered into prior to June 6, 1940, from the decree's provisions. Hearing on that motion has been set for tomorrow. Quit Picking on Films, 9 Says Detroit 'Free Press Detroit, Nov. 12. — "The movies are more respectable than a good many newspapers and magazines, and far more decent than most of our best- selling books. And as for culture and art they rank in intelligence above most of the popular Broadway shows." These words are from Malcolm W. Bingay's column titled "Good Morn- ing," in today's Detroit Free Press. Bingay is a noted magazine writer and editorialist. His column is syn- dicated and read by millions. "Certainly there is something wrong with the movies," Bingay writes, in part. "It would be a remarkable thing if there were nothing wrong with the movies. There is something wrong with everything else in the world. . . . "Right now there is a rash of news- paper and magazine comment about the decline of the movies. Gilbert Seldes comes right out and says he is really scared about their future. Go- ing to demnition bow-wows — and as usual, blames the producers, what a (Continued on pape 10) Sentence Bioff To Ten Years, Browne Gets 8 $20,000 Fines for Each; Will Appeal at Once Federal Judge John C. Knox yes- terday sentenced William Bioff, former IATSE representative, to 10 years in jail and $20,000 in fines, and George E. Browne, former IATSE president, to eight years and $20,000 fine. In addition, the court ruled that both will be placed on probation for five years after completion of their jail terms. Both men were immediately re- turned to the Federal House of De- tention after Judge Knox refused bail and a stay of sentence. Notices of ap- peal were filed and application will be (Continued on pane 8) M.P.T.O.A. Doubts 100% Unity Assent Doubt as to whether distributors are prepared to cooperate in formulat- ing a trade practice program as part of an all-industry unity movement is hinted in an MPTOA bulletin sent to members yesterday over the signature of E. L. Kuykendall, president. The bulletin makes a distinction be- tween the "defensive" and trade prac- (Continued on page 8) U. S. Probing Local IATSE Situations U. S. Attorney Mathias F. Correa, in addressing the court yesterday on sentences to be imposed on William Bioff and George E. Browne, re- vealed that an investigation is under way of local IATSE situations. He declined to name the cities but is un- derstood to be concentrating on New York, Chicago, Los Angeles and Joliet, III., all named by Bioff. Correa also disclosed that he is seeking certain associ- ates of Bioff and Browne and said that both men had been under questioning in the Fed- eral House of Detention since their conviction last Thurs- day). Both have refused to reveal the identity of these associates, Correa said. 2 Motion Picture Daily Thursday, November 13, 1941 Coast Flashes Hollywood, Nov. 12 REPUBLIC expects "Down Mex- ico Way," Gene Autry special, to exceed the Autry accounts record of 11,143 set by "South of the Bor- der." The studio announced today that the new picture, in its first five weeks of release, played 1,000 houses and thus far has been set for 5,000 ad- ditional bookings in the next four months. • Federal Judge Leon Yankwich today took under advisement the plea of Leo Morrison, agent, that the Screen Actors Guild be restrained from sub- jecting him to discipline under the Guild's agency franchise agreement. The court indicated that it would con- sult authorities on such matters. The application is an upshot of Morrison's suit against Charles K. Feldman, an- other agent, and Marlene Dietrich for allegedly influencing John Wayne to leave his client list for Feldman. • Charles Starrett, Columbia cowboy star, suffered severe facial injuries to- day when thrown from a horse when making scenes for "Lawless Plains- men" on location. Bergman Agent for Pierre van Paassen Maurice Bergman has been named sole representative on films for Pierre van Paassen, journalist, author and lecturer, who is now engaged in pre- paring a screen story on the life of Clemenceau, World War premier of France, with whom he was well ac- quainted. There is also under con- sideration a series of shorts based on chapters of "That Day Alone," his latest book. He is the author of "Days of Our Years" among other books. Bergman is a former advertising and publicity director of Columbia Pictures, and more recently was ad- vertising and publicity manager of 20th Century-Fox Film Corp. Promotion Heads of UA Flying to Coast - Monroe W. Greenthal, United Art- ists advertising and publicity director ; David E. Weshner, exploitation direc- tor ; Albert Margolies, publicity direc- tor, and Morris Helprin, head of ad- vertising and publicity for Alexander Korda, plan to leave for the Coast by plane on Sunday to see new product and confer with producers on cam- paigns. BROADWAY PLAYS "GRAND-SCALE SMASH HIT!" — Life Magazine GERTRUDE LAWRENCE in the Musical Play "LADY IN THE DARK" ALVIN, 52 St. W. of B'way— Mats. Wed. & Sat. Mall Orders Promptly Filled "A GREAT SHOW" — Herald Tribune 50c, $1 & $1-50 -Wtax 2ND YEAR— 2ND EDITION of the _ Sensational Musical Icetravaganza It happens on ice at America's Only Ice Theatre Center Theatre, Rockefeller Center. CO. 5-5474 Eves, except Monday. Mats. Sat.. Sun. & Nov. 20 501 Seats for Every Perf. 50c. EVG8. AT B:40 Personal HERMAN WOBBER has re- turned from a tour of 20th Cen- tury-Fox exchanges in the Middle West. • Leonard Goldenson left for At- lanta yesterday. John D. Hertz, Jr., has left for California. • Ben Kalmenson is on a trip through the South, from which he is expected to return late next week. • Jesse L. Lasky is en route to the Coast from New York. William S. Hart arrives here to- day from the Coast. • Jack Goldsmith, Warners South- ern field publicitv representative, has returned to Atlanta after a New York visit. • Irving Salzburg will be inducted into the Army today. Eastman Votes Stock And Wage Dividends Rochester, Nov. 12. — An extra stock dividend of $1 a share and a record-breaking wage dividend for 1942 of $4,200,000 based upon com- mon stock dividends, was announced today by Eastman Kodak Co. The extra stock dividend is in ad- dition to a quarter dividend of $1.50. The wage dividend is $645,000 high- er than the previous largest amount distributed to emploves, $3,555,000 in 1937, and is $1,575,000 more than last year's wage dividend of $2,625,000. It will be distributed in March. The $1 extra dividend on the com- mon stock brought declarations for the year to $7, an increase of $1 over last year. The wage dividend voted today is the 30th since the plan was inaugu- rated in 1912 and will bring the total Kodak wage dividend payments since that time to a sum in excess of $51,- 000,000. 'Appointment' Gave Music Hall $93,000 "Appointment for Love," Univer- sal^ Boyer-Sullavan picture, moves from Radio City Music Hall today, owing to that theatre's booking sched- ule. Warner Bros.' "One Foot in Heaven," starring Fredric March and Martha Scott, opens today, to be fol- lowed next Thursday by RKO's "Suspicion," starring Cary Grant and Joan Fontaine. "Appointment for Love" grossed an estimated $93,000 on the week ending last night. Canadian Veteran Dies Toronto, Nov. 12. — -Isidore Axler, pioneer owner of the Victory Theatre here, and former president of McCaul Street Synagogue, died suddenly in his office at the theatre from heart failure. The theatre, formerly known as the Strand, had only recently been reopened after being remodelled. The Victory was closed one day for the funeral. Myer Axler, maintenance manager of 20th Century Theatres, is a son. Mention MELVIN EVIDON, Columbia manager in Des Moines, and Mrs. Evidon are the parents of a girl born last Monday. • Haskell Masters, United Artists Western sales manager, is in St. Louis. • F. J. A. McCarthy, Universal Southern and Canadian sales man- ager, is expected to arrive from To- ronto today or tomorrow accompanied by Clair Hague, head of Empire- Universal Films. • Walter Wanger is scheduled to leave for the Coast by plane tomor- row. • William A. Scully is due from the Midwest today or tomorrow. He was in Des Moines early this week. • Evan Jacobs, 20th Century-Fox head bookkeeper in Des Moines, and Mrs. Jacobs are the parents of a girl. Edmund Grainger to Leave W.B., Report Edmund Grainger will end his as- sociation with Warner Bros, on Sat- urday, according to reports. The pro- ducer, who is the son of James R. Grainger, president of Republic, and nephew of E. C. Grainger, president of the Feiber & Shea Theatres, has been with Warner Bros, for two years. In that time he made 12 pic- tures for W.B. release. He has just completed "Wild Bill Hickok," and another of his films, "International Squadron," will open today at the Strand on Broadway. Following his departure from W.B., the producer plans a vacation in New York before engaging in new work. Senators Postpone Film Probe Meeting Washington, Nov. 12. — Members of the Senate propaganda probe sub- committee today did not expect to be able to get together until next week to map the future of their investigation of motion pictures. Senator D. Worth Clark of Idaho, chairman of the sub-committee, said he was "snowed under" by correspon- dence on the intervention issue and would have to work his way out be- fore taking any steps to further the probe. Other isolationist members of the group also are understood to be engaged in replying to the letters which their fight against revision of the Neutrality Act brought in. Mrs. J. J. Murray Rites Scranton, Pa., Nov. 12. — The funeral of Mrs. John J. Murray was held here with burial in the Cathedral Cemetery here. The deceased, wife of the veteran Comerford manager of the Manhattan Theatre here, died in Scranton State Hospital after a week's illness. Music Hall Reception A reception in honor of Dr. Daniel A. Poling and Dr. Norman Vincent Peale, who advised on Warners' "One Foot in Heaven," and Casey Robin- son, who prepared the screenplay, will be held at the Music Hall today. Well known sons of ministers will attend. French Comedy to Open Here Tonight "Little Dark Horse," Ther- esa Helburn's adaptation of a French comedy by Andre Birabeau, will be presented tonight at the Golden with Cecilia Loftus, Walter Slezak and Lily Cahill in featured roles. Donald Blackwell and Raymond Curtis are the pro- ducers. SPG Vote Rejects Affiliation With CIO A referendum vote in the Screen Publicists Guild has rejected affiliation with the CIO, it was announced yes- terday. The affiliation, which was backed by many SPG officials, was disapproved because "many members believed such a move not necessary to the securing of a speedy and accept- able contract," an executive board statement said. The board refused to disclose the tabulation of the ballots. A large num- ber of votes were challenged but they cannot affect anything except the closeness of the result, it was said. The statement also said that coopera- tion with the Screen Office & Profes- sional Employes Guild, Local 109, CIO, would continue and that the "membership is prepared to take what- ever steps are necessary to secure its contract." John J. Stanley, secretary-treasurer of the United Office & Professional Workers of America, parent union of Local 109, said the refusal to affiliate was "deeply regretted." "The results of their referendum will delay but not prevent the establishment of maximum unity among all white collar workers in the motion picture industry," he said. P. R. C. Conducting Regional Sessions Arthur Greenblatt, general sales manager of Producers Releasing Corp., will conduct a regional sales meeting in Dallas this week, followed by another at Oklahoma City next Monday. From there he will visit Kansas City, Omaha, Denver and Hollywood, before returning to the home office. Sales conferences will be held in all of the cities. 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 Picture Almanac and Fame. En- tered as second class matter, Sept. 23, 1938 at the post office at New York, N. Y., under the act of March 3, 1879. Subscrip- tion rates per year $6 in the Americas and $12 foreign. Single copies 10c. TODAY THE GREAT CURTAINS OF RADIO CITY WILL OPEN ON WARNERS' NEWEST SUCCESS FREDRIC MARTHA MARCH • SCOTT ; NE FOOT IN HEAVEN' 'ith BEULAH BONDI • GENE LOCKHART LISABETH FRASER • HARRY DAVENPORT AURA HOPE CREWS • GRANT MITCHELL Screen Play by Casey Robinson Music by Max Steiner Directed by IRVING RAPPER NTHE SPOTLIGH .AUGHS INTERSTATE'S BESA SHORT 'Bugs Bunny, you kill me!" 3H0RTLES THE N. Y. TIMES: "Bugs Bunny. . . delightful nonsense . . . laugh pro- voking tricks ... so comical . . . look sharp for him!". . . ASSOITS BUGS BUNNY: AO/A* (Afi^Kt Produced by LEON SCHLESINGER •5ft SHORTS, J Thursday. November 13. 1941 Motion Picture Daily 5 Timely, Exploitable Shorts Lead Demand Short Subject J^epartment Heads « Norman Morav WARNERS Fred Quimbv M-G-M Bernard Kreisler UNIVERSAL Harry Michalson RKO M. J. Weisfeldt COLUMBIA Short Subject Reviews Georgetown, Pride of Penang" ( Fitzpatrick Traveltalk) i M-G-M) The camera tours the harbor and streets of Georgetown, capital of Penang. Malayan island, with inter- 1 1 sting and picturesque results. Ex- cellent color contributes materially to the reel and the commentary is in | a pleasant, informative vein. The -ubject is equal to the high standard maintained bv the series. Running time, 9 mins. Release, Nov. 15, 1941. 'Mitt Me Tonight" (All-Star Comedies) i i (Columbia) Some musical numbers, comedy and fisticuffs make up this two-reeler set against a collegiate and nautical back- ground. A free cruise is offered to students who attain honor grades but I one of them is tricked by having a rival steal the examination paper and substitute incorrect answers. Never- theless, he manages to get on board as IJ a stowaway to engage his rival in a tight. Included in the cast are David Durand, Sidney Miller, Doodles Weaver, Lorraine Miller and George Offerman. Running time, 16 mins. ! Release, Nov. 11, 1941. "Come Back Miss Pipps" 'Our Gang Comedy) {M-G-M) An amusing subject which depicts the means by which the school chil- dren depose a despotic school board chairman and reinstate the teacher who was ousted for giving birthday | parties in the classroom. Excellent for children's matinees and satisfac- tory on any program. Running time, 11 mins. Release, Oct. 25, 1941. "Alaska Tour" (Columbia Tour) {Columbia) Andre de La Varre conducts a tour of some interesting points in Alaska. The salmon packing industry at Ketchikan ; Juneau, the capital ; the Lynn Canal ; Skagway and the Yukon are among the places visited. The shots of the glaciers and the Alaskan mountains are excellent. Running time, 10 mins. Release, Nov. 7. "Women in Photographg" ( ( ine scope) (Columbia ) The technique of four outstanding women photographers is described here. Margaret Bourke-White, Ber- nice Abbott, Ruth Nichols and Toni Frissell are shown at work in their studios. The meticulous precision of their work should interest audiences and the reel is made more attractive by showing not only the posing of the models but also the finished product. Running time, 10 mins. Release, Nov. 7. Interest of Exhibitors in Shorts Seen Increasing "Screen Snapshots, No. 3" (Columbia) Hollywood stars at play and a bar- becue for exhibitors make this an en- tertaining reel. John Hubbard acts as guide to a young girl from Geor- gia. Among those seen are Leo Car- rillo, Jean Parker, Rochelle Hudson, Johnny. Mack Brown, Maxine Jones, Gracie Fields, Jackie Cooper, the "Three Stooges," Edgar Bergen with Charlie McCarthy and a number of others. Running time, 10 mins. Re- lease, Nov. 11. "Jungle Fishing" (Sport ReeV (Columbia) Big game fishing, the oft-photo- graphed sport, is again material for a reel which should be enjoyed by fish- ing fans. This subject was photo- graphed by Jack Etra in jungles off the coast of Cuba and Bill Stern has provided the commentary. Sting rays and tarpoon are caught, with two anglers testing the relative effective- ness of their respective lures. Run- ning time. 11 mins. Release, Oct. 10. "The Crystal Gazer" (Phantasy Cartoon) (Columbia) A black-and-white cartoon, this reel has little to offer. A mystic offers to predict the future and invites the audi- ence to submit questions. One lady offers a query, there is an involved flashback to Egypt and its mummies, but the mystic finally tells the lady not to mix whipped cream with potato salad. Running time, 10 min. Re- lease, Oct. 10. (Continued from page 1) ports an increase in business of about 22 per cent. Edward Aaron, assistant to William F. Rodgers, general sales manager of M-G-M, also observes that showmen are becoming "shorts conscious." Harry Michalson, RKO short sub- jects head, declares that his company's business is the "best in years" and that exhibitor interest in RKO shorts is "definitely on the increase." Max Weisfeldt, Columbia short sub- jects chief, also avers that there is a "decided increase" in national sales on short subjects for his company. Warners' Ballet Shorts New this season on the Warner pro- gram, it is stated, will be two shorts featuring the Ballet Russe which will be released as part of the "Technicolor Special" series of six two-reelers in color. Of this series one, "The Tanks Are Coming," already is in release. Those forthcoming include "Soldiers in White," which concerns the army medical corps, and another military subject dealing with Winter warfare. The sixth probably will have a mili- tary theme also. Of the company's "Broadway Brev- ities" series of 12 two-reelers, three are in release. These are "Minstrel Days," "Perils of the Jungle" and "At the Stroke of 12." In the "Sports Parade" classification are 10 one-reel shorts, of which "Kings of the Turf" and "W ater Sports" are now available. M-G-M's 78 M-G-M has on schedule 78 shorts, it is said with seven more than last year. Included are six "Two Reel Spe- cials" of which "Tell Tale Heart" is now ready ; 12 Fitzpatrick "Travel- talks," of which three are available, "Glimpses of Florida," "Inside Pas- sage" and "Georgetown, Pride of Penang." Also, 10 "Miniatures," the first of which, "Changed Identity," has been released ; 16 cartoons in color ; 14 Pete Smith "Specialities," two of which are in release, "Army Cham- pions" and "Fancy Answers" ; 10 "Our Gang" comedies, of which "Helping Hands" and "Come Back, Miss Pipps" are available ; and 10 "Passing Parade" subjects, one of which, "Strange Tes- tament," is completed. Universal has 56 on the regular schedule with one special, a two-reeler, "Cavalcade of Aviation," available for Christmas, according to inquiry. The short will have its "premiere" in Day- ton. Thirteen "Color Cartoons" are scheduled with three already released. Also on the books are 15 "Stranger Than Fiction," 15 "Variety Views," and 13 two-reel musicals. The RKO program numbers 86, in- cluding 13 issues of "March of Time," three of which have been distributed, it is indicated. Walt Disney is scheduled to provide 18 cartoons. The schedule also calls for 13 "Information Please" reels, two of which are in release; 13 "Sportscopes," two of which have been released; 13 "Picture People" shorts, two of which are in release ; and 16 two-reel comedies, of which seven are in release. Columbia Has 140 Columbia, it is asserted, has 140 shorts on its schedule. Of these, 30 are two-reel comedies and six are "Inter- national Forum" subjects. The come- dies are divided into three separate classifications. These are "Glove Sling- ers," one of which, "Mitt Me To- night," is in release ; eight "Three Stooges," of which three have been issued, "Ache in Every Stake," "Some More of Samoa" and "In the Sweet Pie and Pie" ; and 18 "All Stars," of which these are in release : "Love in Gloom," "Half Shot at Sunrise," "Gen- eral Nuisance," "Blitz Kiss," "Lov- able Trouble" and "She's Oil Mine." Columbia's single reels include 32 cartoons, eight "Cinescopes," 12 "Pan- oramics," six historical cartoons with Raymond Gram Swing, 12 "Word of Sports," 10 "Community Sings," eight "Tours," 10 "Screen Snapshots," and six "Quiz Reels." Club Helps Children Philadelphia, Nov. 12. — The local Variety Club and Sam S. Stiefel, op- erator _ of Fay's, played host to the city's infantile paralysis child victims from hospitals, schools and homes at a special show at the theatre. The club provided the buses to transport the children. Party for Carol Bruce Bud Abbott and Lou Costello will be hosts at a birthday party for Carol Bruce at the Hotel Astor tomorrow. MR. OSTRICH, WAKE UP TO THE PROFIT IN M-G-M SHORTS! <— Listen tO the Experts (Bob O'Donnell and Besa Short of Interstate Theatres, Texas): In our annual survey of Shorts Most Valu- able at the Box-Office, we list M-G-M FIRST with 5 distinguished Shorts and for an ace-in-the-hole, the dependable, never- They make more money with Shorts than any exhibitors in America. Take their advice. failing Pete Smith/' (And now see next page — *-) "THE TELL-TALE HEART "A NEW M-G-M TRIUMPH! "It is one of those rare shorts which will live . . . like a swell and luscious bon-bon coming sud- denly out of a candy slot machine . . . exhibi- tors and their audiences who appreciate solid shorts of enduring worth will give this three rousing cheers." — FILM DAILY "Surely 'The Tell-Tale Heart' will merit a Special Academy Award for elevating the qual- ity of the short subject beyond that of most features, for setting a new standard in short subject production, direction and acting ... in- deed a miniature masterpiece ... if proof is needed that the short subject is becoming a powerful and persuasive force in screen enter- tainment, 'The Tell-Tale Heart' can readily supply it; a few more subjects of this calibre and so-called 'second features' will be doomed." —SHOWMEN'S TRADE REVIEW "A different kind of short . . . the novelty of the film and the names of the author and leading actors are merchandising assets." — M. P. DAILY " 'The Tell-Tale Heart' is superb . . . another unusual short from M-G-M." —VARIETY "Consider this subject when a dubious double bill looms . . . the audience that is not satisfied will be quite the rarity." — BOXOFFICE "This is aces for class houses ... all in all the type of short which should be encouraged . . . excellent." —THE EXHIBITOR QUALITY PRODUCT! It is an acknowledged fact that M-G-M spends more pro- duction money on Shorts than any other company. We pledge anew our willingness to create quality entertain- ments for your box-office. Play them all: CRIME DOESN'T PAY; PETE SMITH; JOHN NESBITTs brilliant PASSING PARADE human-interest subjects; M-G-M MINIATURES (in- cluding CAREY WILSON's "Nostradamus" and others); M-G-M CARTOONS IN TECHNICOLOR (watch for our Christmas gem, "The Night Before Christmas"); OUR GANG COMEDIES; FITZPATRICK TRAVELTALKS IN TECH- NICOLOR. Take the advice of Bob O'Donnell and Besa Short. M-G-M Shorts are FIRST! 8 Motion Picture daily Thursday, November 13, 194 Review "H. M. Pulham, Esq." (M-G-M) Hollywood, Nov. 12 \jt AKING the best selling novel, "H. M. Pulham, Esq.," and giving it an outstanding cast and a velvety production mounting, M-G-M has turned out a love story of universal appeal, a picture to rank as an outstanding grosser in all situations. It is moving, gripping in its telling of the affairs of the heart; it is light, frothy in its numerous comedy moments. The title role is played by Robert Young, who gives his most out- standing performance; Hedy LaMarr plays the role of Marvin Myles, the sweetheart he doesn't marry, and Ruth Hussey that of the woman Pulham weds. The trio, who do exceptionally well in their characteriza- tions, are assisted by an able cast including Charles Coburn, Van Heflin, Fay Holden, Bonita Granville, Douglas Wood, Charles Halton, Leif Erickson, Phil Brown, David Clyde and Sara Haden. Director King Vidor, who with Elizabeth Hill wrote the screenplay, has extracted from each scene the ultimate in audience possibilities, plac- ing his characters in such juxtaposition that each situation works itself out in a life-like manner. The dialogue, which preserved the spirit of J. P. Marquand's book, effectively contrived to the tempo of each of the sequence of events in the life of the scion of the staid Boston family whose background prevented him from breaking away and marrying the girl he loved. Told by means of flashbacks, the narrative depicts the young man's life through childhood, through World War I, his working in a New York advertising agency where he meets the girl with whom he falls in love, the taking up of his late father's business, and the clash between the life represented by Marvin Myles and the society girl whom he marries. Running time, 117 minutes. "G."* Vance King Sentence Bioff To Ten Years, Browne Gets 8 (Continued from page 1) made at 4 P.M. today to the U. S. Circuit Court of Appeals for a stay of sentencing pending" determination of the appeals. The sentence for Bioff, as pro- nounced by the court, was 10 years and j> 10,000 fine on the first count ; 10 years on the second to run concurrently with the first ; and 10 years and $10,000 fine on the third, to start after the first two are completed but to be suspended, if the fines are paid, and the defendants are to be placed, in- stead, on probation for the maximum period of five years. Charge 18 Errors The appeals filed listed 18 alleged errors, including one that the sen- tences imposed were excessive and beyond the maximum permitted by law. Principal basis of the appeals, however, is expected to be that the anti-racketeering statute under which both men were convicted is unconsti- tutional and that the crimes were not prosecuted within the time permitted by the statute of limitations. Meanwhile, from Los Angeles came word that U. S. Attorney William F. Palmer said yesterday that he would present to the Federal Grand Jury there, at the earliest possible moment, evidence adduced at the New York trial and ask for a new indictment on income tax evasion against Bioff. Bioff is presently under indictment for tax evasion on approximately $85,000 but Palmer said the new indictment would include the amounts revealed at the trial here. Would Press Tax Trial Palmer said he would insist that Bioff go on trial in Los Angeles on the income tax charges before his commitment on the New York sen- tence. In New York court circles it was considered possible that the U. S. At- torney in Chicago might also file in- come tax charges against Browne. Both men are entitled to three days off per month for good behavior dur- ing the early years of the sentence and five days during the later years. They also will be eligible for parole at the completion of one-third their sentences. In Bioff's case this would be at the end of three years and four *"G" denotes general classification. months and, in the case of Browne, at the expiration of two years and eight months. However, parole is rarely granted at the end of the mini- mum period and considerable doubt was expressed in courtroom circles that Bioff would be granted any at all. Browne, on the other hand, was de- scribed by Mathias F. Correa, U. S. Attorney, in his discussion of the sen- tences to Judge Knox, as a man who might be rehabilitated. In any event, if parole is granted, they will be re- quired to report on parole until the end of the maximum term and then will face the probationary period. Judge Knox, in pronouncing sentence, declared that he would have given both men equal sen- tences but was influenced by Correa's remarks that Browne's sentence should be less. Judge Knox, however, did not accept Correa's recommendation that separate sentences be imposed on each count, pointing out that the acts constituted only one crime. Correa asked for 15 years for Bioff and 10 years for Browne with an additional five years on probation for the lat- ter, plus $30,000 each in fines. There was considerable speculation yesterday whether the defendants would be sent to Alcatraz or the East Lewisburg, Pa., penitentiary. In view of the fact that both men were con- victed of racketeering there is a pos- sibility that they may be sent to Alcatraz. Their plea for a stay of sentence to the Circuit Court today is expected to hinge on the weight given to their points on appeal. If that court regards the statute of limi- tations defense as important, it may grant the stay. More favorable for the defense, however, is the fact that the U. S. Supreme Court has recently agreed to consider the constitutionality of the anti-racketeering statute. There have been only about six such prose- cutions since the law was enacted and several phases of the law are under question. The men will remain at the Federal House of Detention until their appeals are decided, if the stays are not grant- ed, Martin Conboy, attorney for Browne, said yesterday. They will not receive credit on their sentences while there but apparently decided they would prefer to remain pending appeal. Judge Knox denounced the acts of the defendants as "heinous" and said "they have signally betrayed the trusts that were committed to their care." He called them "recreant to their trust, dishonest in heart, mind and action." Plea for Leniency Henry A. Uterhart, attorney for Bioff, termed the latter "a victim of circumstances and environment rather than of his own evil nature." Conboy asked for leniency because of the fam- ilies and said the men were made "scapegoats" by newspaper commenta- tors opposed to the Wagner Act. Correa said that Browne's "was the greater crime, although Bioff is the greater criminal." Correa justified his calling Bioff a "Chicago hoodlum" and linked Bioff to the gangster kill- ings of Jack Zucco and Tom Maloy, whom Correa described as Chicago racketeers. He also pointed to the fact that in 1925, Bioff had said he was employed in the St. Joseph Val- ley Brickyard, and that his business was "a front" for the Al Capone gang. He said the chances of Bioff being rehabilitated are "practically negli- gible." As for Browne, he said little was known of his background except that he was formerly a respected labor leader but that he "sold out," probably in 1925. In that year, Browne was taken to a Chicago hospital with a I bullet wound but refused to name his MPTOA Hints Lack of 100% Unity Support (Continued from page 1) tice phases of an all-industry pro- gram, pointing out that while ther should be no question concerning t participation of any industry eleme in a program designed to present a united front against unjust legislation, taxation and public condemnation of the industry, there still remain grounds for doubting whether distrib- utors will cooperate as fully in de- vising a trade practice program foi strictly internal application. "The easy alibi of risk of anti-trust prosecution if they (the distributors) cooperate with each other to end in- dustry abuses and improve the busi- ness is readily available for those who want to avoid responsibility," the bul- letin states. Backs Allied Move Although critical of several phases of the proposed all-industry commit- tee's makeup, the bulletin makes it clear that the MPTOA is willing to participate in the Allied States-spon- sored unity program. It claims that the objectives of the program are the same as those which MPTOA has championed in the past, without suc- cess for one reason or another. The bulletin reveals that MPTOA continues to regard the consent de- cree with active disfavor, asserting that the decree has solved no problem of major interest to the exhibitor and that it merely has burdened the in- dustry with "a huge, unproductive ex- pense and is working a real hardship on exhibitors, who were ignored in the framing of the decree." The bulletin warns exhibitors of the prospect of new tax measures by Congress after the first of the year and advises them to make adjust- ments now in their admission scales commensurate with new taxes and local purchasing power. WB to Trade Show Five on Dec. 1 and 2 Warners will trade show five fea- tures in exchanges throughout the country on Dec. 1 and 2. The films are : "The Body Disappears" and "They Died With Their Boots On," Dec. 1, and "All Through the Night," "Steel Against the Sky" and "You're in the Army Now," on Dec. 2. Brazilian Dancer Due Eros Volusia, Brazilian dancer, is due on the Argentina on Monday for a part in M-G-M's "Rio Rita." assailants, Correa said. Correa also pointed to the two per cent assessment fund which he estimated as over $1,000,000 but added that Browne "is a weaker character and undoubtedly under the influence of Bioff and Bioff's associates whom neither of the men have been disposed to name. Hollywood, Nov. 12. — On record for asking for the resignation of the entire IATSE executive board, Film Laboratory Technicians Local 683 to- day reported that it had no reply yet from its resolution forwarded to the executive board. Rockefeller Tells Meeting About S.A. Behind closed doors of the exclusive Links Club, motion picture executives last night heard Nelson A. Rockefeller on what his Committee on Inter- American Relations is accom- plishing, particularly the mo- tion picture division under John Hay Whitney. Rocke- feller recently visited the Coast, one of the few "offi- cial" visits he has made since Rockefeller Center, which he heads, acquired an interest in RKO. On the recent visit, however, he went as a U. S. defense official. re and more individual eatres, as well as great circuits, realize the necessity of a continuous flow of fine short product, and the desir- ability of assuring its continued quality. Worthy short product, like all worthy film, must earn its own way. Far-seeing ex- hibitors try to make it pay profits for themselves and producers by advertising it. RKO RADIO has the honor of dis- tributing some of the finest short product in the history of the industry: THE MARCH OF TIME ♦ WALT DISNEY PRODUCTIONS INFORMATION PLEASE* RKO PATHE NEWS* • PICTURE PEOPLE* SPORTSCOPES* LEON ERROL COMEDIES • EDGAR KENNEDY COMEDIES RADIO RAY WHITLEY C0MEDIES Tj^ynf?' 'RKO PATHE subjects Motion Picture Daily 'Quit Picking on Films, 9 Says Detroit 'Free Press 9 10 Majors Named In Nebraska Anti-Trust Suit (Continued from page 1) received by home office legal depart- ments up to late yesterday. An absurdity enters the situation in that the distributors, charged with , conspiring with the Goldberg- circuit against the Epstein theatres in the Nebraska attorney general's action, are also charged by Goldberg with conspiring with the Blank theatres against his. The litigation apparently began sev- eral weeks ago when the Blank Omaha company brought an action against Goldberg, who operates six Omaha theatres, for infractions of a lease. Goldberg responded with an anti-trust suit charging Blank and the major distributors with conspiring to put him out of business. On Monday of this week, the Ne- braska attorney general's action was filed charging Goldberg and the major distributors with conspiring to put Sam and Louis Epstein, who also operate six Omaha theatres, out of business. While information reach- ing home office legal circles was that the state's action is unrelated to the other two cases, some sales officials professed to see in all actions a boil- ing over of the spirited exhibition competition in Omaha. Blank operates the three largest Omaha first runs and several subse- quent runs. In all, a total of more than 20 of the city's 32 theatres are involved in the actions. (Continued from page 1) dumb stupid outfit they are, not pro- ducing better pictures, better stories, better actors and better photog- raphy. . . . "Every boy fresh out of college thinks it is not only his inalienable right but his God-ordained duty to raise hell with the movies. Well, I've watched the thing grow from its nickelodeon days down to the present, and it is my belief that the movie has improved as steadily as any institu- tion in our civilization. And in many respects it has far surpassed the pub- lishing itself — books, magazines and newspaper — in its social and cultural responsibilities." . . . "They have done an heroic job in creating a new art form and providing entertainment for countless millions of people in every cross-road of the National Board to Open Meet Today The National Board of Review of Motion Pictures will open its 18th annual conference at the Hotel Penn- sylvania here today. The theme of the three-day meeting is "Movies in a Democracy." John Grierson, Film Commissioner of Canada, will address the delegates this afternoon on "The Cooperation of the Film Industry with the Govern- ment Under War Conditions." Dele- gates will attend Dr. Frederic M. Thrasher's film course at New York University this evening. world. Give them credit and quit picking on them. War has taken from them their European markets, and, in the present economic maladjustment, they have suffered as have all other trades. Call Will Hays to the stand. . . . "I would like to have a fellow like Will Hays, f'rinstance, tell us what the motion picture industry thinks of American movie critics and the atti- tude of the press in general toward the flicker trade. . . . "Once ... I was on the program committee for the American Society of Newspaper Editors. ... I sug- gested that the editors who spend 52 weeks of the year telling everybody else their faults set aside one of these weeks to have the other folks come to our meeting and tell us to our faces what they thought about us." WOV, WNEW Get Call Letter Shift Washington, Nov. 12.— The FCC today granted the application of WOV and WNEW, New York, to exchange call letters. Harold A. Lafount, general man- ager of Arde Bulova radio interests, said yesterday that the Greater N. Y. Broadcasting Corp., now owner of WOV, would broadcast under the WNEW call letters with WNEW programs, while Wodaam Corp., owner of the present WNEW, would broad- cast under the WOV call letters with the latter's programs. Under the switch, the new WNEW will broad- cast with 10,000 watts on 1,130 k.c. and will be eligible to apply for a 50,000 watt transmitter, while the new WOV will broadcast with only 5,000 watts on 1,280 k.c. Lafount said Bu- lova was the sole owner of the stock in Greater N. Y. Broadcasting Corp. and that Bulova was also majority owner in Wodaam with Richard E. O'Dea as minority owner. Officials of the present WNEW said a statement would be forthcoming shortly but would not comment other- wise. It was indicated, however, that the corporate setups of the two sta- tions had not been finally settled and that there was also some question whether the present WNEW would move to the present WOV studios. Settle Lansdowne Anti-Trust Action Philadelphia, Nov. 12. — The Har- rison brothers, former operators of the suburban Lansdowne theatre, set- tled their anti-trust suit against War- ner Theatres and the major distribu- tors out of court today when the hear- ing was continued this afternoon be- fore Judge J. Cullen Ganey in U. S. District Court here. Morris Wolf, at- torney for the defendants, advised the court that all parties have agreed to go through with a settlement and for- mal motions to dismiss the actions will be filed in a few days when the me- chanics of the settlement are com- pleted. Thursday, November 13, 19+j Will Use Film Tribunals fori Other Disputes (Continued from page 1) last Feb. 1. Fewer than 150 cases] or a nearly 10-month average of les than five cases per board, have b^ filed by the industry. "I remember asking a theatre mar at the time the boards were opene< how many arbitration cases we migh expect," Braden related. "The repl; was that there are 16,000 theatre throughout the country, 50 per cen of which are Independently operated so that we might expect 8,000 dis putes to settle." It was pointed out that the board: have been available for the past sev eral months for the settlement o labor and other disputes in nationa defense industries. It was learned that under tht agreement with the motion picture in dustry, the A.A.A. will participate ir the financing of the 31 board's up keep hereafter, instead of their entire maintenance being borne by the five consenting distribution companies. Because of the comparatively few complaints filed with the boards tc date, there had been some sentiment in the industry in favor of reducing their number, but action in this direc- tion is obviated by the new plan. Illinois Clearance Complaint Is Filed Chicago, Nov. 12. — A clearance complaint, the 11th of record at the local arbitration board, was filed to- day by Ray Jarman, operator of the Don Theatre, Downers Grove, 111., against the five consenting companies. The complaint charged that the clearance over the Don held by the B & K Tivoli, Downers Grove, and the Westmont, Westmont, 111., should be reduced. An intervention in the Alcyon, Highland Park, 111., clearance com- plaint was filed today by AJB The- atre, Inc., operating the Liberty, Lib- ertyville, 111. Pathe-DuPont Deal Approved by SEC Approval of the proposed exchange of Pathe Film Corp. holdings in Du- Pont Film Manufacturing Corp. for E. I. du Pont de Nemours & Co. com- mon stock was given yesterday by the Securities & Exchange Commission and the Commissioner of Internal Rev- enue for the Treasury Department, it was announced by Phillips, Nizer, Benjamin & Krim, counsel for Pathe. The Treasury's ruling held that the proposed exchange of securities under the plan constitutes a non-taxable re- organization, which was one of the conditions on which consummation of the plan was based. As a result of the rulings the plan will be placed in oper- ation immediately, following which Pathe Film Corp. will be dissolved. Using Usherettes Hartford, Nov. 12. — The Allyn is the latest house in the territory to take on usherettes because of the shortage of young men. MOST POPULAR ACTION STAR OF ALL TIME . . . IN HIS FIRST ADVENTURE- THUNDERING SERIAL! HOLT OF THE SECRET SERVICE with EVELYN BRENT Original Screenplay by Basil Dickey, George Plympron, Wyndham Gittens • Directed by JAMES W. HORNE A COLUMBIA CHAPTER PLAY at It 4ft Special "CAVALCADE AVIATION" (2-reels of \ Air Thrills/ packing the power of a feature production . . . The story of the pioneers and heroes of aviation! • NATIONALLY RELEASED DECEMBER 17 WORLD PREMIERE IN DAYTON, OHIO w7 WALT LANTZ CARTUNES STARRING ANDY PANDA - WOODY WOODPECKER • AND THEIR PALS • (IN TECHNICOLOR) FEATURING TOP-HIT TUNES AND NEW COMEDY TREATMENT OF "MOTHER GOOSE" RHYMES than FICTION (IN SEPIA TONES) Greater exploitation value than ever before . . . Indi- vidual titles for each subject! A^URRIETV VIEWS (5 IN FULL COLOR) Shorts with definite marquee power . . . Boxoffice titles that invite public interest! /W PERSONALITY * NAME-BAND MUSICALS Rel. NOV. 5 rSKVUI1E SEREnnDE' STARRING TED FIO RITO & ORCHESTRA & KINGS MEN Featuring CONCERTO in Bb MINOR Rel. NOV. 26 nDOIN' THE TOWN* STARRING OZZIE NELSON & ORCHESTRA HELEN PARRISH BUTCH & BUDDY He!. DEC. 24 "jingle belles1 STARRING GLORIA JEAN MKT HERTH SWING TRIO • /? Special XmcU Release 4 "SUPERIOR" CHAPTER-PUTS AdiM tU Welt pensa to the^k Picture 'industry tion MOTION PICTURE DAILY First in . 50. NO. 97 NEW YORK, U.S.A., FRIDAY, NOVEMBER 14, 1941 TEN CENTS BC, Mutual ove to Drop Berlin Talks Assert Censorship Kills Value of News Reports XBC and Mutual yesterday took keps to eliminate broadcasts from Serlin unless censorship restric- tons are lifted. Alex Dreier, NBC | Correspondent, notified his network [jesterday that the ban on his talks lad been lifted but NBC stated pat none of his broadcasts will e accepted until assurances are ieceived against ''undue censor- tiip." John Paul Dickson, Mutual's cor- espondent, in a telephone report to (Continued on page 7) 20th-Fox 39-Week Profit $1,549,164 Twentieth Century-Fox Film Corp. •tsterday reported a consolidated net dofit, after Federal income tax, of '1 .549.164 for the 39 weeks ended JJast Sept. 27, after providing a re- fl.trve for foreign assets of $3,150,000. i This compares with a loss of $1,075,- |{oll for the first 39 weeks of 1940, af- j :er a comparable reserve of §2,200,000. These improved earnings, observers ieel, are reflected from the progressive ; increase in sales shown by the com- pany with the new season, j For the third quarter ended Sep- . umber 27, the consolidated net profit, after all charges, including provision of $1,650,000 of reserve for foreign assets was $687,886. This compared w ith second quarter profit of $457,189, after a reserve of SI, 150,000, and a Iks of $1,192,824 for the third quar- (Continued on page 7) Unity Meeting Seen For Early December A meeting of representa- tives of all branches of the industry to discuss the for- mation of the unity com- mittee proposed by Allied States is in prospect for the first week in December. Rep- resentative industry figures are being canvassed as to the place and date. Either New York or Chicago are said to be favored as the meeting place. Republic Plans 16 3rd Quarter Films, Meeting Informed Republic has nine features, seven westerns and four serials on its schedule for the third quarter of the new season, which begins about the first of the year, it was announced yesterday at the close of a two- day Eastern re- gional meeting at the New York Athletic Club. Titles of the films will be disclosed soon, it was said. Following a .J. R. GriUiifirer luncheon James R. Grainger, presi- dent, declared that Republic is enjoy- ing the most successful year in its his- tory. Grainger said that Republic began selling new season product in April (Continued on page 3) RKO 39-Week Net Is Up to $664,774 RKO yesterday reported consoli- dated net profit of $644,744 after all charges for the 39 weeks ended Oct. 4. The result compares with net profit of $318,385 for the correspond- ing period last year. Operating profit before the usual deductions for the first three quar- ters of 1941 amounted to $1,971,201, compared with $1,867,691 last year. (Continued on page 7) Para, and National Circuits Close Deal Paramount has closed deals on the first two blocks for the new season with Fox West Coast, Fox Midwest, Fox Intermountain, Fox Wis- consin and Evergreen State Theatres, Neil Agnew, dis- tribution chief, announced yesterday. The deals followed resump- tion of negotiations between Paramount and National The- atres units, and were nego- tiated by Charles M. Reagan, assistant sales manager, dur- ing a trip West. Discussions were held between Agnew and Spyros Skouras, head of National, late last week. Films' Strength Is In Entertainment, Grierson Declares "The strength of the film indus- try lies precisely in the fact that it is an entertainment industry. What is most valuable to the State in time of war as in time of peace is that it commands a vast audience who go genuinely and spontane- ously for the emotion stimulus which the movies give them," John Grierson, Canadian Film Commis- sioner, told the annual convention of the National Board of Review, meeting at the Pennsylvania Hotel yesterday. Defining the policy of the Canadian Government with respect to films during time of war, he said : "We (Continued on page 7) Short Subjects Have Their Day at Big Ampa Meeting Kaufman Slate Is Renamed in Newark The entire administration slate of Newark's operator union, Local 244, was renominated at a meeting attended by 140 of the local's 160 members early yesterday. George Gilligan, who has brought a receivership suit to oust the incumbents and Louis Kauf- man, indicted business agent, was named to head an opposition slate. Elections will be held Dec. 9. Applause greeted the statement of administration supporters who de- (Continued on page 7) By SHERWIN A. KANE "If short subjects are worth pro- ducing, they are worth buying, and if they are worth buying they are worth selling," is a maxim pro- pounded by R. J. O'Donnell of Inter- state Circuit. It was elaborated upon by Besa Short, head of the short sub- ject department of the Southwest's largest circuit, for the consideration of several hundred persons at the Ampa short subjects luncheon yester- day at the Hotel Edison. Observers said the meeting was one of the largest and liveliest in Ampa (Continued on page 7) $319,000 Year Budget Is Set On Arbitration Credits to Majors Under Expansion Plan A budget of $319,000, of which $25,000 is a contingent fund, has been set for the operation of the 31 arbitration boards for the en- suing 12 months under the new plan by which the boards are being opened to the arbitration of general industrial disputes as branch offices of the American Arbitration Asso- ciation, rather than as exclusively motion picture tribunals. Under the new plan, the five consenting distributors, respon- sible for the maintenance of the boards under the consent de- cree, will receive 50 per cent of the fees aid into the local boards by parties to arbitra- tion cases. Their share of the fees will be credited to their budget obligation. The consent decree allowed a maxi- mum budget of $490,000 for the first (Continued on page 7) Univ. Opens Sales Meeting Tomorrow Universal's second mid-season sales meeting is scheduled to open at the Hotel Astor tomorrow, with W. A. Scully, vice-president and general sales manager, presiding. Home office officials and district and branch managers from the Eastern and Southern territories will attend. On the speakers' list are : Nate J. Blumberg, president ; J. Cheever Cow- din, chairman of the board ; Matthew (Continued on page 7) Report Masters Talks Odeon Circuit Post Toronto, Nov. 13. — It is re- ported here that Haskell Mas- ters, Western sales manager for United Artists, is discuss- ing a deal with N. L. and Paul Nathanson whereby he will become general manager of the Odeon Circuit in Canada. Haskell Masters was re- ported last night in Detroit en route to Toronto. He could not be reached for comment. 2r Motion Picture Daily Friday, November 14, 19 'Ceiling' on Canada Scales Is Delayed Ottawa, Nov. 13.— The ef- fective date of the "ceiling" on admission prices to mo- tion picture theatres in Can- ada, set by the War Time Price and Trade Board, has been postponed from Nov. 17 to Dec. 1, Finance Minister J. L.. Ilsley announced. The "ceiling" has been fixed at the maximum charged by any theatre during the period from last Sept. 15 to Oct. 11. Browne-Bioff Bail Hearing Up Today The application for bail pending appeal by William Bioff and George E. Browne was postponed by U. S. Circuit Court of Appeals Judge Thomas W. Swan yesterday after- noon until this morning. Judge Swan explained that the full bench of three judges should hear the motion. Only Martin Conboy, attorney for Browne, appeared in court on behalf of the defendants. NEW YORK THEATRES RADIO CITY MUSIC HALL 50th Street & 6th Avenue FRFDR1C MARCH . MARTHA SCOTT "ONE FOOT IN HEAVEN" A Warner Bros. Picture ON STAGE: "THE WALTZ KING" — melodies of Johann Strauss . . . produced by Leonidoff. Symphony Orchestra direction of Rapee. 1st Mezzanine Seats Reserved Circle 6-4600 Personal Mention WG. VAN SCHMUS, managing • director of the Radio City Music Hall, is convalescing after a short illness. • George L. Carrington, Altec Ser- vice general manager, and E. Z. Wal- ters, comptroller, have returned from the Coast. • Lester Krieger, assistant to Ted Schlanger, Warner Theatres zone chief in Philadelphia, is recovering from an illness. • Clayton Casbergue with Warners in New Orleans and Walter Des- forges with 20th Century-Fox in the same city have been called to the Army. • Jack Frost, with National Theatre Supply in Des Moines, and Mrs. Frost have named their new son Stanley Allan. • Theodore Rosenberg, of Affiliated Theatres, Philadelphia, is ill at his home. ROY DISNEY is in town from the Coast. • James P. Clark of Philadelphia has bought a farm at nearby New Hope, Pa. • James H. Kaylor, Warner booker in Indianapolis, will be inducted into the Army Nov. 24. • R. M. Savini is on a trip through the South and Midwest, and is due back next Monday. • Ben Rosenthal, Columbia booker in Philadelphia, had his appendix re- moved at Hahnemann Hospital, e Nick Sanderson, assistant to Rich- ard Kemper, manager of the Erlanger Theatre, Buffalo, will have three oil paintings on exhibition at the Buffalo Arts Fair next week. • Edward Rosenbaum, Columbia ex- ploitation representative in Philadel- phia, is confined to the Jewish Hos- pital. Fred MacMurray Mary Martin Robert Preston IN PARAMOUNT S "NEW YORK TOWN" PARAMOL IN PERSON Bill Robinson J immie Lunceford and band [NT T,MES 1> 1 SQUARE CARMEN CESAR ALICE JOHN MIRAHDA-ROMERO-FAYE-PAYNE WEEK-END in HAVANA PLUS A BIG B A YV 7th Ave. STAGE SHOW R V A I & 50th St. B'WAY & 47th St. PALACE Tyrone Power — Betty Grable "A YANK IN THE R.A.F." — and — "HURRY, CHARLIE, HURRY" with Leon Errol BUMBO / otitic i BBOADWAY OcomOp*" C.6-53S3 20th Century-Fox presents "HOW GREEN WAS MY VALLEY" United B I W A I I Broadway Artists Kl T ULI at 49th St Continuous Pop. Prices. Midnight Shows. Will Speed Making Of Training Films Washington, Nov. 13. — ■ Produc- tion of training films for the Army will be speeded as a result of confer- ences just concluded here, it was an- nonunced today by the War Depart- ment. Present at the meetings were Col. Nathan Levinson, Lt. Col. Darryl Zanuck, and Major John Aalberg, who are officers of the Signal Corps and members of the Motion Picture Section of the Chief Signal Officer's advisory council. Details of the discussions were not made public, but it was said they will result in accelerating the flow of pictures used for the training of sol- diers. About one-third of the films are being produced commercially in Hollywood, but the greatest volume comes from the training film produc- tion laboratories at Fort Monmouth, N. J., and Wright Field, Ohio. Buchman Elected President of SWG Hollywood, Nov. 13. — Sidney Buchman has been elected president of the Screen W riters Guild, suc- ceeding Sheridan Gibney. Other of- ficers are Ralph Block, vice-presi- dent ; Robert Rossen, secretary, and Lester Cole, reelected treasurer. The executive board includes : Claude Binyon, Block, Marc Con- nelly, Joseph Fields, Richard Mai- baum, Gibney, Mary McCall, Jr., Allen Scott, Rossen, Stanley Rubin, Dwight Taylor, Harry Tugend. The bargaining committee will meet again Monday night with producers on the contract agreed upon in prin- ciple some time ago. M rs. Sydne Silverman Funeral Rites Today Funeral services for Mrs. Sydne Silverman, wife of the publisher of Variety, who died at her home Wed- nesday following a long illness, will be held this afternoon. The services will be private. Tie in 'U' Premiere With Army Program Universal's premiere at the Fox in Detroit next Wednesday of "Keep 'Em Flying," Abbott and Costello film, will be tied in with the Army Air Corps Keep 'Em Flying Pro- gram, beginning Nov. 27. A large group of Hollywood personalities, in- cluding the film's stars, will attend. Mayor Jefferies of Detroit has pro- claimed Wednesday as Keep 'Em Flying Day. A City Hall rally will open the activities, followed by a parade. A mass flight over the city, originating at Selfridge Field, is planned. The premiere is expected to be broadcast by Mutual from the lobby. Hollywood and New York press representatives will attend. Opening of Play Is Delayed to Sunday "Little Dark Horse," adap- tation of a French comedy by Theresa Helburn, which was scheduled to open at the Golden Theatre last night, has been postponed until Sun- day night. Donald Blackwell and Raymond Curtis are the producers. Ascap Will Conform To Washington La\ Seattle, Nov. 13. — Ascap official reached an agreement with State At torney General Smith Troy here to day under which the society will con- ply with the so-called state anti-Asca law. The agreement paves the wa for Ascap to resume licensing c Washington theatres, radio station and other music users and to coi lect fees accrued to Ascap in the laS four years. Under the agreement, Ascap wi: file a list of its compositions with tli secretary of state as required by tli statute and will abandon its appe; to the U. S. Supreme Court of tb Federal statutory court's decision up holding the validity of the state lav1 The appeal had been scheduled fc; hearing in the high court on Dec. S Washington theatres and radio sts tions have paid no Ascap fees sine enactment of the state anti-Ascap lai in 1937. Under the agreemer reached they will not only be n quired to again obtain licenses bu presumably, will also have to effec agreements with the society on pa\ ments for any Ascap music used b them during the four-year period, is believed here, however, that som compromise on the latter will be el fected. Several Comer ford Managers Shifted Carlisle, Pa., Nov. 13. — Richard Ranck has been promoted to manager of the Strand Theatre here. Other Comerford circuit changes include : Joseph Clifford, to manager of the Ritz Theatre, Hawley, Pa. ; Walter Yanovich, to Lyric Theatre, Hones- dale, Pa. ; Charles Collins, Columbia Theatre, Bloomsburg, Pa. ; Donald Neff, Savoy Theatre, Northumber- land, Pa. ; C. J. Carroll, Freedman Theatre, Forest City, Pa. ; Jack Weber, Colonial Theatre, John Monahan, Capitol Theatre, Sam Scott, Jackson Theatre, all of Leb- anon, Pa. Richard Pitman Dies Richard Pitman, an actors' agent and a former actor and Broadway stage manager, died yesterday at the Mary Immaculate Hospital in Ja- maica, L. I. Pitman had been ill since May. He had appeared in a number of stage hits. M. P. Associates to Meet Motion Picture Associates will meet tomorrow at the organization's club rooms in the Hotel Lincoln. Jo- seph J. Lee will preside. Wohber and Gehring To Visit 3 Branche Herman Wobber, general manage of distribution for 20th Century-Fo: and William C. Gehring, Centra- division manager, will leave by plan, tomorrow on a visit to the Dt Moines, Omaha and Minneapol branches. They expect to return be fore Thanksgiving. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday ar. holidays by Quigley Publishing Conipan Inc., 1270 Sixth Avenue, Rockefeller Cente New York City. Telephone Circle 7-310 Cable address, "Quigpubco, New York." Ma: tin Quigley, Editor-in-Chief and Publishe Colvin Brown. Vice-President and Gener Manager; Watterson R. Rothacker, Vic; President; Sam Shain. Editor; Alfred \ Finestone, Managing Editor: James Cron, Advertising Manager; Chicago Burea' ' 624 South Michigan Avenue. C. B. O'Neii Manager; Hollywo-d Bureau, Postal Unit Life Building. William R. Weaver, Edito Leon Friedman. Manager: London Burea 4 Golden Square, London Wl, Hope Wi Hams, Manager, cable address "Ouigpubc London." All contents copyrighted 1941 t Quigley Publishing Company, Inc. Oth< Quigley publications: Motion Pictui Herald. Better Theatres, Iiternation Motion Picture Almanac and Fame. Ei tered as second class matter. Sept. 23. 19^ at the post office at New York. N. Y under the act of March 3. 1S79. Subscri' tion rates per year $6 in the Americas an $12 foreign. Single copies 10c. Motion Picture Daily Reviews "Confirm or Deny" (20th Century-Fox) ""THERE are timeliness, punch, and plenty of thrill in this newspaper yarn, set against a background of London in the period of the worst of the Nazi air blitz raid on the English capital in September of 1940. With Don Ameche and Joan Bennett heading the cast, and with set- ting depicting bomb-ravaged London giving a strong stamp of authen- ticity, the exhibitor should have a really exploitable picture here. Young Roddy McDowell, the small boy who scored so heavily in "How Green Was My Valley," again proves that he is a young actor of exceptional talent and wide appeal. The support otherwise includes Raymond Walburn. Eric Blore, Arthur Shields and John Loder. Archie Mayo, who directed, imparted to the film pace and a well- knit development, while Len Hammond, responsible for the produc- tion, saw to it that the picture had technical values of the best. Ameche is the go-getting head in London of an American news syn- dicate, who by sheer drive forces his staff to function despite constant air raids. He meets Miss Bennett, teletypist for the Ministry of In- formation, during a blackout, and the two are attracted to each other. When the syndicate offices are bombed out, he usurps the wine cellar of a hotel, wrangles help — and Miss Bennett — from the Information Ministry, and continues his work. McDowell, remaining on the roof of the syndicate offices to watch for a pigeon message from the Con- tinent, gets it but is killed in the raid. Miss Bennett and Ameche are trapped in the cellar with a live time bomb, Ameche cancels his invasion story in order not to give information to the enemy, and the couple finally are rescued, with a romantic conclusion apparent. Running time, 73 minutes. "G."* Charles S. Aaronson "Tarzan's Secret Treasure" (M-G-M) HIGH adventure in the African jungle, where the redoubtable Tarzan rules supreme in his own Utopian world, is the backbone of this latest chapter in the stories of the characters based on the creations of Edgar Rice Burroughs. Once again, Johnny Weissmuller appears in his familiar Tarzan role, racing through the tree-tops, swimming under crocodile-infested rivers and frightening hordes of natives in protecting his wife and son, and their home from the inroads of civilization. Maureen O'Sullivan again is seen as Jane, Tarzan's wife, and John Sheffield, as their son, displays remarkable ability in the water, a pleas- ing personality, and commendable capability as a young actor. Reg- inald Owen, as the leader of a scientific expedition, and Tom Conway and Philip Dorn, as members whose thirst for gold almost brings disas- ter to Tarzan's family, are in support. A special word is due Barry Fitzgerald, Irish truck driver for the group, who assists Tarzan's wife and son, and whose comedy touch is a highlight in the production. Given excellent production values by producer B. P. Fineman, and directed with swift and unflagging pace by Richard Thorpe, the picture should offer plenty of opportunity for the exhibitor. It is, of course, a natural for the younger generation, and there is no reason why the elders cannot find much to enjoy in this film of delightful unreality. Running time, 81 minutes. "G."* Charles S. Aaronson rriday, November 14, 1941 Republic Plans 16 3rd Quarter Films, Meeting Informed {Continued from page 1) iw hen other companies were faced ivv ith uncertainty of consent decree op- ic rations. At present, he said, Re- |l ublic has contracts with every in- idependent and affiliated circuit in the |lk '.in try with two exceptions and Hpls with those two arc expected TuT be closed within two weeks. The percentage increase over last year, 1 e said, is 40 per cent. Foreign Business Doubled Discussing the foreign market, Herbert J. Yates said that business Jin England. Australia and New , Zealand is about double last year. Morris J. Siegel, head of Republic j Productions, told of an "expensive ef- ' fort and campaign" which Republic will get under way immediately to build up its stars. He said all Gene Autry vehicles will have "special premiere" budgets as did "Dows Mexico Way." Siegel will remain here until the end of next week. Those in Attendance Branch managers and franchise- holders attending the session includ- ed: Arthur Newman, Albany; M. E. Morey, Boston ; Jack Bellman, Buf- falo ; Sam Seletsky, New Haven ; Morris Epstein, New York ; Nat L. Lefton, Cincinnati and Cleveland ; Sam P. Gorrel, Cleveland ; George H. Kirby. Cincinnati ; Max Gillis, Philadelphia; J. A. Alexander and Sam A. Fineberg, Pittsburgh ; Jake Flax, Washington, and Sam Sep- lowin, Detroit. From the home office were Grover C. Schaefer, Walter Titus, J. J. O'Connell, Seymour Boris. Harry Marcus, Jack Pindat and Charles Reed Jones. Grainger left last night for Boston. He will return on Monday. Ask Canada Music Royalty Increase Ottawa, Nov. 13. — An increase of fees to be collected from radio has been proposed by Canadian Perform- ing Rights Society, Ltd., (Ascap) and BMI Canada, Ltd., for 1942, it was revealed today when the pro- posed schedule was published in the Canada Gazette. PRS was permitted to collect $107,- 612 for 1941 and the proposed 1942 schedule calls for $203,660. Persons having objections to the new fees must file particulars with the Secre- tary of State before Nov. 30. The objections will be studied by the Copyright Appeal Board and hear- ings are expected to be held early in December. PRS suggests that in 1942 a semi- annual fee of $20 be paid for each portable sound producing and motion picture projector, and an annual fee of $10 for coin phonographs. BMI proposed for 1942 a levy of $38,792 from radio as compared with $13,451 for 1941. btit makes no pro- posals for fees other than from broadcasters. The BMI request is equivalent to one-third of $116,377, this amount being computed en the basjs of eight cents for each of the 1.454,717 sets licensed in Canada on March 31. *"G" denotes general classification. Station-Break Rule Is Revised by FCC Washington, Nov. 13. — The FCC today revised its regulations to per- mit station identification announce- ments to be made at the quarter-hour before or after the hour instead of only on the hour and half-hour. It was explained that this will place all half-hour programs on a parity so far as station breaks are concerned. The FCC also formally announced that the network regulations had been postponed in accordance with stipulations filed in the CBS and XBC suits for injunctions. Kestenbaum in PRC Post Samuel S. Kestenbaum, formerly in charge of prints for Producers Re- leasing Corp., has been named assis- tant to Joseph O'Sullivan, director of advertising and publicity. N.Y. Collects Fee on Public Television Following the recent installations of coin-in-the-slot film machines in New York City, License Commissioner Paul Moss has started a drive to col- lect $2 monthly fees not only from these machines but from television sets installed in public places as well. The demand is based on an old or- dinance providing for licenses for -"a display on a screen or other device of pictures or objects in motion or rapidly changing scenery." Moss said about 50 television set operators had taken out licenses. He would not estimate the number in the city and added that no effort would be made to collect from home receiv- ers, although the ordinance covers homes also. A legal test of the com- missioner's right to collect the fees is expected from television set manufac- turers. 3 Exhibitor Interest On 'Swamp Water'; B'way Grosses Big "Swamp Water," 20th Century-Fox picture opening at the Globe tomor- row, holds New York exhibitor inter- est. The picture comes here after an exceptional campaign and record business in St. Louis. Similarly in San Francisco the picture brought in a gross of reportedly record propor- tions. This gives 20th Century-Fox three films on Broadway, with "Week-End in Havana" at the Roxy and "How Green Was My Valley" at the Rivoli, thus dominating the Main Stem. Broadway Week Strong Broadway had a week of generally big grosses. Strong business over the weekend and on Armistice Day ac- counted for much of the income. Grosses slackened somewhat at most houses after the holiday. Top business of the week was reg- istered at the Roxy, playing "Week- End in Havana," and the Radio City Music Hall with Universal's "Ap- pointment for Love." "Week-End in Havana" with a stage show rolled up an estimated $(.2,(.)ii0 in its first week and starts a second week today. Be- cause of a crowded booking schedule "Appointment for Love," with the stage presentation, checked out of the Music Hall after an estimated $93,- 000 week, a gross that ordinarily would warrant extended playing time. Warners' "One Foot in Heaven" opened there yesterday. 'Valley' $38,700, Second Week At the Rivoli, "How Green Was My Valley" continues to draw heav- ily. It finished its second week Tues- day night with an estimated $38,700 and is now in its third week. "The Chocolate Soldier" had a second week at the Astor estimated at $14,000 and begins a third week today. "International Squadron" started at the Strand yesterday with Terry Powell and orchestra on the stage after the run of "Sergeant York." The latter with Phil Spitalny's or- chestra grossed an estimated $21,800 in its final six days. The film played one day short of four weeks. "Frightened Lady" bows out of the Globe tonight with a gross for the week expected to reach an estimated $4,000. "South of Tahiti" finishes its first week at the Rialto with an esti- mated $7,200 expected and holds over. Fowler With News Service Paul J. Davis, president of Theatre Communications, Inc., named R. Clif- ford Fowler as sales manager. The company plans to serve spot news to theatres through Altec Service Corp. The service and equipment are free to theatres, with national advertisers sponsoring. Fowler formerly was a radio producer. Union Election Monday New Haven, Nov. 13.— Local 273 of the projectionists union will hold its annual election meeting on Mon- day, with Anthony Basilicato presid- ing. Final ratification of operators' new contracts with circuits in this territory is on the agenda. JNL/MITED ! • ALL OVER THE COUNTRY EXHIBITORS ARE MAKING ROOM !| TO LET THOSE ABBOTT AND COSTELLO GROSSES ZOOM! WORLD PREMIERE FOX THEATRE IN DETROIT, NOV. 19! Abbott & Costello, Carol Bruce, Dick Foran, Martha Raye, Maria Montez — IN PERSON! NETWORK BROAD- CAST OF PREMIERE COAST-TO-COAST! MAYOR DEDICATES DATE AS "KEEP 'EM FLYING" DAY! 15,000 POSTERS DIS- TRIBUTED THROUGH- OUT DETROIT! BIG RECEPTION AT FORD PLANT! UNIVERSAL PICTURE NATIONAL RELEASE NOV. 28 th WARNERS The Maltese Falcon (D) 107 H. Bogart Mary Astor (1941-42) One Foot in Heaven (D) 108 Fredric March Martha Scott (1941-42) Target for Tonight (1941-42) Blues in the Night (D) Priscilla Lane Betty Field (1941-42) UNIVERSAL Burma Convoy (D) South of Tahiti (D) (1941-42) Flying Cadets (D) 6028 William Gargan Edmund Lowe (1941-42) Appointment for Love (D) Charles Boyer M. Sullavan (1941-42) Swing It Soldier (C) Ken Murray F. Langjord (1941-42) Paris Calling (D) Scott-Bergner (1941-42) Moonlight in Hawaii (C) 1941-42 Quiet Wedding (C) (1941-421 Eos ^ _ M. id and not given away. "We were el ling it commercially, because if it asn't good enough to sell commer- ially, we weren't any more inter- sted in it than the industry. In :t'ier words, we decided to put our Irork on a normal entertainment iasis, and use that as a measuring tick of our success in public infor- nation." As proof of the commercial luccess of the series, he said that ibout 90 per cent of the theatres in Tanada have bought it. One a Month Enough "My most difficult job as Commis- jsioner," he said, "is not to keep the ridustry in line but to explain to the various Government departments, who are howling for screen space that one issue of the series a month is enough high pressure." In conclusion Grierson said in gen- Bra] the business of production jnd distribution should be left to those h ho know it by experience and the Government film body should main- tain intimate, cooperative, continuous fand creative contacts with the in- dustry. The Board of Review conference will conclude tomorrow. Short Subjects Have Their Day at Big Ampa Meeting RKO 39-Week Net Is Up to $664,774 (Continued from page 1) Depreciation for the 39 weeks this year is listed at $997,658; provision for income taxes, $289,266, and pro- vision for dividends on the preferred stock of Keith-Albee-Orpheum in the hands of the public, $39,501. For the 53 weeks ended last Oct. 4. the company and its subsidiaries show a net loss of $661,801 after all charges. The company reported net profit of $485,605 for _ the first half oj the current year, indicating net for the third quarter of $159,169. (Continued from page 1) history, crowded with talent and executive names and marked by a spontaneous ovation to William S. Hart, who was singled out among the many who occupied a double dais. The Interstate Circuit's department which Miss Short heads was created by O'Donnell eight years ago for the purpose of booking short subjects, building shorts programs of merit, and selling the subjects with the atten- tion usually given to features. Billed With Feature "Many subjects." Miss Short said, "are given equal hilling with the fea- ture and some are billed above the feature in our campaigns." "Sneak" previews, world premieres and special advertising and publicity campaigns are staged by her depart- ment for the glorification and busi- ness returns of the short subject. A short on a men's cooking contest landed 20.000 lines of publicity in the papers of Interstate's theatre area, and the campaign itself was not unusual in the department's custom of making box-office material, of short subjects. And along with the cash returns, Miss Short pointed out, a perfect defense against "the short sub- ject's worst enemy — double features," has been set up. Numerous personalities and acts featured in the shorts of the major companies attended the meeting and many of them contributed to the en- tertainment. Door prizes, souvenirs, decorations and short subject char- acters enlivened the proceedings which were kept on the move by Robert Benchley as master of ceremonies and Vincent Trotta, Ampa president, as chairman. Hammons Introduced Among the many dais occupants in addition to those mentioned were : Earle W. Hammons, introduced as "the father of the short subject" ; short subject sales managers includ- ing Norman Moray, Oscar Morgan. Bernard Kreisler, Max Weisfeldt, Harry Michalson and William Clark; John Kieran. Graham McNamee, Jack L. Warner, Grantland Rice, Craig Wood, Bud Abbott and Lou Costello. Don Baker and Juanita Juarez. Univ. Opens Sales Kaufman Slate Is Meeting Tomorrow Renamed in Newark . . (Continued from page 1) OCUlly tO FreSlde clared it would be "a fatal mistake" ^ to change officers now. Kaufman, who is charged with having extorted more than $1,000,000 from four major companies, still has two years to go on his seven year term as business agent. He is under Federal indict- ment with Nick Dean, alias Circella, of Chicago. William J. Brennan, Jr., special master in chancery, who was ap- pointed to supervise the nominations, declared in his report that 99 per cent of the membership was employed and the other one per cent could be em- ployed except that some regarded it as "beneath their dignity" to work for less than §70 weekly. Incumbents renominated were Harold Shadbolt, president ; Daniel Oliner, vice-president ; Harry Oppen- heimer, recording secretary, and Wil- liam C. Uessler, treasurer. Opposing are Gilligan, for president ; Charles Strong, vice-president, and William Nugent, recording secretary. Uessler is unopposed. An appeal for unity was made fol- lowing the nomination. (Continued from page 1) Fox. vice-president and studio rep- resentative; J. J. O'Connor, vice- president ; F. J. A. McCarthy, South- ern and Canadian division manager ; Fred Meyers, Eastern division man- ager ; E. T. Gomersall, Western di- vision manager ; E. L. McEvoy, spe- cial representative ; Jules Levey, Bernard Kreisler, short subjects man- ager; J. J. Jordan, F. T. Murray. A. J. Sharick, Morris Alin and Lou Pollock. Here from Canada to attend the meeting are : Paul Nathanson and A. W. Perry of Empire-Universal Films. From the field will be : Dave Levy, New York branch manager ; Harry D. Graham. Southern district man- ager, and the following branch man- agers : W. M. Richardson. Atlanta ; J. A. Pritchard. Charlotte; H. I. Mansfield, Memphis ; Leroy Brauer, New Orleans; Dave Miller, district manager, and branch managers J. J. Spandau. Albany ; J. J. Scully, Buf- falo ; J. V. Frew, Cleveland, and P. T. Dana. Pittsburgh ; Jules Lapidus. district manager, and branch man- agers Paul Baron. Boston ; J. V. Pavone. New Haven ; George E. Schwartz. Philadelphia, and Max Cohen. Washington. Set New Army Show Washington, Nov. 13. — A new revue for Army camps in the Capital area will be produced bv Harry Anger, manager of Warners' Earle. Reception at Music Hall At a reception at the Radio City Music Hall vesterday, Dr. Daniel Poling, technical advisor on War- ners' "One Foot in Heaven," an- nounced the formation of an organi- zation for ministers' sons and daugh- ters. Among those present were Casey Robinson, Gus S. Eyssell, Mort Blumenstock. John Harkins and Mitchell Rawson. 20th-Fox 39-Week Profit $1,549,164 (Continued from page 1) ter of 1940, also after providing a reserve of $1,400,000. No portion of the earnings of Na- tional Theatres Corp. is included in these figures since no dividends were declared by that company during the first 39 weeks of either year. The corporation is not liable for excess profits tax on the earnings for this period, it was stated. Directors of 20th Century-Fox yesterday declared a dividend of 37^ cents a share for the fourth quarter of 1941 on the preferred stock, pay- able Dec. 4 to stockholders of record Dec. 10. $319,000 Year Budget Is Set On Arbitration (Continued from page 1) year of the board's operation, 10 months of which was completed at a cost of $300,000, including furnish- ing and equipping the new offices. The decree allows a maximum budget of $465,000 a year for subsequent years of operation. The AAA will call clerks of the 31 local boards to New York during the next few weeks to instruct them in their added duties in handling complaints other than those of the film industry. Only the theatre com- plaints will have recourse to the national appeals board. The AAA on its own initiative will open other arbitration offices in sev- eral sections of the country, apart from the 31 key cities, under its ex- panded operating plan, but these will not be available to exhibitors. No diminution of arbitration service to members of the film industry will re- sult from the expanded operations, Cornelius V. Whitney, president of the AAA. stated. Members of the budget committee are Joseph H. Hazen of Warners, for the industry ; Paul Felix War- burg for the AAA, and Van Vechten Veeder of the national appeals board. New Cicero, 111., Clearance Complaint Chicago, Nov. 13. — Benjamin and Albert Bartelstein, operating the Annetta, Cicero, 111., today filed a clearance complaint against the con- senting companies. Lasker & Son's Villas Theatre and Schoenstadt's Pai- ace are named as having unreason- able clearance. The complaint of the R & G The- atre Corp., operating the Olympic, Cicero, against the consenting com- panies was dismissed today at the complainant's request. The Villas and Palace theatres were named. Hearing of the Portage Theatre clearance complaint has been post- poned to Dec. 8 by stipulation of parties. NBC, Mutual Act to Drop Berlin Talks (Continued from page 1) Adolph Opfinger, MBS program di- rector, suggested that his reports be discontinued as "censorship has made them useless at this time." Opfinger canceled all pickups from Berlin. Dickson complained that radio cor- respondents were not given the same treatment accorded newspapermen, that broadcasters were frequently in- structed to report material from offi- cial propaganda agencies, and simi- lar matters. At CBS, it was said that broad- casts from Berlin are continuing as usual. Will Discuss Arbitration Dr. Wesley A. Sturges, Yale law professor and a director and mem- ber of the executive committee of the AAA, will discuss operations of the motion picture arbitration sys- at Northwestern University, Chi- cago, on Monday. 9 NOT Ktr a the lyjotion icture dustry MOTION PICTURE DAILY First in 50. NO. 98 NEW YORK, U.S.A., MONDAY, NOVEMBER 17, 1941 TEN CENTS tate to Air Irust Charge In Neb. Soon Quiglev Discusses Film Contribution to Democratic Ideal ruse Nine Distributors Of Conspiracy Omaha, Xov. 16. — The State's jirges in the Nebraska anti-trust X against the R. D. Goldberg cir- it and nine distributors will be led at a preliminary hearing, the e for which is expected to be set J state court within the next few Republic Pictures Midwest, :., is included as a defendant. The action, brought by Nebraska torncy General Walter R. Johnson, irges* the circuit and distributors kh conspiring in violation of the ti anti-trust laws to put out of bus- is.- the Epstein Theatres Corp. first [(sequent run houses, and the A. H. ( Con M'n i< i- Quigley Publishing Company, Inc. Othei Quigley publications: Motion Picturt | Herald, Better Theatres, Internationa i Motion Picture Almanac and Fame. En tered as second class matter, Sept. 23, \93i\ at the post office at New York, N. Y. under the act of March 3, 1879. Subscrip tion rates per year $6 in the Americas anc | $12 foreign. Single copies 10c. Monday, November 17, 1941 Motion Picture Daily 3 York' Holds Chicago Pace With $30,000 Chicago, Nov. 16. — "Sergeant York" lontinued to lead the State-Lake The- >tre with $30,000 in its second week. ie Oriental did $16,500 playing "Mob wn" and a stage show. The Palace k $15,500 with "It Started With C"ive" and "Burma Convoy." Estimated receipts for the week — 'nding Nov. 6: •Hold Back the Dawn" (Para.) APOLLO— (1,400) (30c-40c-59c) nbross: $6,500. (Average, $5,000) Navy Blues" (W. B.) CHICAGO— (4,000) (35c-55c-75c) Stage: Artie Shaw's Band. Gross ;.\verage, $32,000) 'Nothing but the Truth" (Para.) GARRICK— (1.000) (35c-55c-75c) !f2nd week. Gross: $5,500. (Average Tr. 7 days 7 days. $33,500. Reviews 7 davs, $5,001)) Mob Town" (Univ.) ORIENTAL — (3,200) (25c-35c-40c-50c) 7 (days. Stage: Milt Britton's Band. Gross: $!6,50O. (Average, $9,000) ''The Little Foxes" (RKO) "Mexican's Spitfire's Baby" (RKO) 1 day, 4th week. • It Started With Eve" (Univ.) "Burma Convoy" (Univ.) S days. PALACE— (2,500) (30c-40c-60c) 7 days. Cross: $15,500. (Average, $13,000) "The Feminine Touch" (M-G-M) "Buy Me That Town" (Para.) 5 days "The Married Bachelor" (M-G-M) "Down in San Diego" (M-G-M) 2 days ROOSEVELT— (1.500) (30c-40c-59c) 7 days. Gross: $13,500. (Average, $11,000) "Sergeant York" (W. B.) STATE- LAKE — (3,700) (40c-44c-55c-75c) 7 days, 2nd week. Gross: $30,000. (Average, $14,000) "Dr. JekyU and Mr. Hyde" (M-G-M) 1 day, 4th week "Lydia" (U. A.) 6 days K! UNITED ARTISTS— (1,700) (30c-40c-59c) 7 days. Gross: $13,500. (Average, $14,000) 'Kildare,' Tucker $12,200, Milwaukee n Milwaukee, Nov. 16. — The week's best grosser was Orrin Tucker's band and the film, "Dr. Kildare's Wedding Day" with $12,200 at Fox's Wiscon- sin. The Jumbo Circus Revue and ' Tanks a Million" collected $10,400 at the Riverside. Estimated receipts for the week ending Nov. 5-6 : > "Honky Tank" (M-G-M) "The Feminine Touch" (M-G-M) PALACE— (33c-44c-55c) 6 days, 3rd week. Gross: $4,000. (Average, $4,000) "A Yank in the R. A. F." (ZOth-Fox) "You'll Never Get Rich" (Col.) 1 STRAND — (44c-66c) 6 days, 2nd week. Gross: $1,500. (Average, $1,500) : "Sundown" (U. A.) "Nine Lives Are Not Enough" (W. B.) WARNER— (30c-40c -55c) 7 days. Gross: $5,800. (Average, $4,500). "Tanks a Million" (U. A.) RIVERSIDE — (30c-40c-50c) 7 days. Stage: Tumbo Circus Revue. Gross: $10,400. (Av- erage, $6,500) "Dr. Kildare's Wedding Day" (M-G-M) ■ WISCONSIN— (33c-44c-55c) 7 days. Stage: Orrin Tucker. Gross: $12,200. (Average, t 55,500) "Cadet Girl" (20/A Century-Fox) SEVERAL good songs pleasantly sung plus some good acting and a passable story, put this film at the top of its class. Sol M. Wurtzel, executive producer, gave the picture plenty of production values and Ray McCarey's direction kept the acting moving and worked in the music naturallv. Carole Landis carries out well her singing and acting assignments and George Montgomery fits the popular notion of what a West Point cadet should be. John Shepperd gives a fine supporting perform- ance as the older brother. The cast also includes William Tracy, Jams Carter, who sings one song. Robert Lowery, Basil Walker, Charles Tannen, Chick Chandler and others. . There is nothing very new or novel about the story. A West Point cadet while on Summer vacation falls in love with the singer in his brother's orchestra. The brother wants the boy to return to the academy to fulfill their father's ambition. Miss Landis, the singer, decides she will marry the cadet at the end of his vacaiton, meanwhile singing in an orchestra he starts. Finally at a special Army camp show she" realizes that he should return to West Point and not marry her. The boy is inspired to go back by a song which his brother sings, "Uncle Sam Gets Around." Other songs Happened. It's^Over,' TeCs" Forget," and "She a Good Neighbor Several of the numbers may be expected to be popular. Running time, 69 minutes. "G"* M. y., JR. Gets Around. 's by Leo Robins and Ralph Rainger included m the picture i Man Was An Army Man," "I'll Settle For You," "It "Marry the Boss's Daughter" (20//i Century-Fox) I^UED bv the remark of Prof. Robert E. Rogers of the Massachusetts ^ Institute of Technology that "the only way for a young man to get ahead these days is to marry the boss's daughter," Thornton Freeland who directed, has whipped together a light little comedy on just that thBrenda Joyce, Bruce Edwards, George Barbier and Hardie Albright give entirely satisfactory performances but their effectiveness is limited by a thin plot. Briefly, the story is of a young man (Edwards) who eets his big chance when he returns a lost dog to Miss Joyce. She «ts him a job with her father's firm but the young man takes his work too seriously and the boss's daughter not seriously enough. Eventually he learns better, marries the aforesaid daughter and becomes a vice- president. m:niirec "G "* Edward Greif Running time, ou minutes, kj. 'Battalion' and Show $26,500, Philadelphia Philadelphia, Nov. 16. — TheDown- town theatres suffered a slump with the best business registered by the vaudeville houses. "Parachute Batta- lion" at the Earle, with a variety show on the stage, gave the house $26,500. Estimated receipts for the week ended Nov. 4-7: "Sergeant York" (W.B.) ALD1NE— (1,400) (46c-57c-75c) 7 days. 3rd week. Gross: $13,000. (Average, $9,000) "Hold Back the Dawn" (Para.) ARCADIA— (600) (35c-46c-57c) 7 days, 2nd run. Gross: $4,400. (Average, $2,600) "One Foot in Heaven" (W.B.) BOYD— (2,400) (35c-41c-46c-57c-68c) 7 days. Gross: $15,000. (Average, $13,000) "Parachute Battalion" (RKO) EARLE— (4,000) (35c-41c-46c-57c-68c) 7 days. Vaudeville including Dolly Dawn's orchestra. The Three Stooges, Nicholas Brothers, Four Mill Brothers, Frank Ross and the Play Boys. Gross: $26,500. (Av- erage, $14,000) "Man at Large" (20th-Fox) FAY'S— (2,190) (15c-29c-35c-46c-57c) 7 days. Vaudeville including Ann Corio's unit, Gae Foster Roxyettes and Billy Klaiss' orchestra. Gross: $8,400. (Average, $6,900) "The Maltese Falcon" (W.B.) FOX— (3,000) (35c-41c-46c-57c-68c) 7 days, 2nd week. Gross: $12,000. (Average, $13,000) "Honky Tonk" (M-G-M) KARLTON— (1,000) (35c-41c-46c-57c-68c) 7 days, 2nd run. Gross: $8,000. (Average. $3,000) "Week-End in Havana" (ZOth-Fox) KEITH'S— (2,200) (35c-41c-46c-57c-68c) 7 days, 2nd run. Gross: $4,000. (Average. $4,500) "The Femininei Touch" (M-G-M) STANLEY— (2,700) (35c-41c-46c-57c-68c) 7 days. Gross: $12,500. (Average, $14,000) "International Squadron" (W.B.) STANTON— (1,700) (35c-46c-57c) 7 days. Gross: $7,000. (Average, $4,500) *"G" denotes general classification. Falcon' and Show Capital $17,600 in Nov. 16. _ "The vaudeville at $17,600. "A Kanin Urges Films Be Contemporary (Continued from pape 1) surance of American safety, he said. He urged production of films reflect- ing contemporary American thought. Election as president of the group of Quincy Howe, Simon & Schus- ter executive and commentator on WQXR, was announced Saturday at a luncheon at the Hotel Pennsylvania concluding the three-day conference. Morris Ernst and Howe spoke. Three hundred attended. for the week Washington Maltese Falcon" and Warners' Earle drew Yank in the R.A.F." at Loews Pal- ace took $17,000. The weather was excellent but there was considerable competion. Estimated receipts ending Nov. 5-6 : "Unholv Partners" (M-G-M) LOEW'S CAPITOL-C3.434) (28c-39c-55c- 66c-77c) 7 days. On stage: Gaudsmitn Sros., Harry Stevens. Billy Wells & Four Fays, Rhythm Rockets. Gross: $14,000. (Average, $15,500) , "Unfinished Business' (Univ.) RKO-KEITH'S-(l,834) (40c-55c) 7 days, 2ndweek. Gross: $9,000. (Average, $8,000) "The Maltese Falcon" (W. B.) WARNERS' EARLE-(2,200) (28c-39c- 55c-66c-77c) 7 days. On stage: Mirmc Men, Gil Maison, Hermanos Williams Trio, Roxyettes. Gross: $17,600. (Average, "The Feminine Touch" (M-G-M) LOEW'S COLUMBIA-0,250) (28c;44c) 7 days, return engagement. Gross: $4,0UU. (Average, $3,500) "Hold Back the Dawn." (Para.) WARNER'S METROPOLITAN-0,600) (28c-44c) 7 days, return engagement. Gross: $6,300. (Average, $4,000) "A Yank in the R.AJF." (20th-Fox) LOEW'S PALACE-(2,300) (39c -55c i 7 days. Gross: $17,000. (Average, $15,000) 'Love' Accounts for $14,000 in Baltimore Baltimore, Nov. 16. — Business was strong for the week. "Appointment For Love" took $14,000 at Keith's while "The Little Foxes" plus a stage show scored $16,000 at the Hippo- drome. Estimated receipts for the ending Nov. 6 : "International Lady" (M-G-M) CENTURY — (3.000) (28c-44c) 7 Gross: $10,000. (Average, $10,000) "Appointment for Love" (Univ.) KEITH'S— (2,406) (15c-28c-33c-44c) 7 days. Gross: $14,000. (Average, $9,000) "Week-end in Havana" (ZOth-Fox) NEW— (1,581) (15c-28c-35c-55c) 7 days, 2nd week. Gross: $8,500. (Average, $7,000) "Sergeant York" (W. B.) STANLEY — (3,280) (15c-28c-39c-44c-55c) 7 days, 3rd week. Gross: $19,500. (Aver- age, $12,000) "The Little Foxes" (RKO) HIPPODROME— (2,205) (15c-28c-39c-44c- 55c-66c) 7 days. Vaudeville, including Ben Yost's New Yorkers; Jay and Lou Seiler; Bob DuPont and others. Gross: $16,000. (Average, $14,000) week days. Photophone Shifts Owens James H. Owens, RCA Photophone salesman in Baltimore, has been trans- ferred to the home office of the RCA Manufacturing Co. at Camden, to specialize in theatre screen sales. 'Rich' Draws Big $22,000, Detroit Detroit, Nov. 16. — "You'll Never Get Rich" and "Ladies in Retire- ment" grossed $22,000 at the Fox. Estimated receipts for the week ending Nov. 6 : "A Yank in the R.A.F." (ZOth-Fox) "Sing Another Chorus" (Univ.) ADAMS— (1,600) (15c-39c-44c-55c) 7 days, 2nd week. Gross: $7,000. (Average, $5,500) "Shepherd of the Hills" (Para.) "Pot O' Gold" (U.A.) FISHER— (2,700) (15c-39c-44c-55c) 7 days. Gross: $6,800. (Average, $7,000) "You'll Never Get Rich" (Col.) "Ladies in Retirement" (Col.) FOX — (5,000) (20c-44c-55c-65c) 7 days. Gross: $22,000. (Average, $15,000) "New York Town" (Para.) "Barnacle Bill" (M-G-M) MICHIGAN— (4,000) (15c-39c-44c-55c-65c) 7 days. Gross: $14,000. (Average, $12,000) "Navy Blues" (W.B.) "My Life With Caroline" (RKO) PALMS— (2,000) (25c-39c-44c-55c) 7 days. Gross: $7,500. (Average. $7,000) "Honky Tonk" (M-G-M) "Dr. Kildare's Wedding Day" (M-G-M) UNITED ARTISTS— (2,800) (20c-39c-44c- 55c) 7 days. 2nd week. Gross: $10,000. (Average, $10,000) Masters on Odeon Report: 'It's Rumor' (Continued from page 1) sion of the circuit on the Pacific Coast, and may remain there perma- nently. Paul Nathanson, head of Odeon, who was in New York over the week- end, declined to comment on the re- port concerning Masters. "Ask Masters," he said. t/se 7#/S STB/*/' R lift » » » Th e story of the irresistible Lina . . . who loved dangerously and paid the price! Her story may shock most men... but every woman will un- derstand it... and every showman will hail it! Motion Picture Daily Monday, November 17. 194! Loew's Decides Today on Minn. Decree Escape (Continued from page 1) show provisions of the decree, after hearings on those companies' applica- tions. Loew's is the only company of the six affected by the Minnesota law not to seek exemption to date. Paramount and United Artists resumed selling in Minnesota two weeks ago. ■ Judge Goddard also upheld the valMity of a three-year franchise made by 20th Century-Fox and the Sude- kum Circuit of Nashville. The deal involves 100 Crescent Amusement Co. theatres and, although it was not for- mally signed, according to the Gov- ernment's contention, until after June 6, 1940, the decree deadline for such deals, the distributor produced deal sheets to show that preliminary agree- ments had been reached prior to that date. Seymour Simon, special assistant to the U. S. Attorney General, opposed the validity of the franchise under the decree. A stipulation therefore was entered permitting the Government to appeal from Judge Goddard's deci- sion at any time within the next six months. The same procedure was fol- lowed several weeks ago when Judge Goddard approved a similar franchise deal between Loew's and the Mullin & Pinanski Circuit of Boston. Government Consents Simon consented for the Govern- ment to the release of Warners, RKO and 20th Century-Fox from the decree provisions which are in conflict with the Minnesota law, but opposed a fur- ther release sought by 20th Century- Fox from Section 7, which permits exhibitors to cancel films on religious or moral grounds. The distributor contended that the section should not apply in view of the 20 per cent can- cellation given exhibitors under the Minnesota law. The court concurred with the Gov- ernment in opposing this phase of the 20th Century-Fox application and de- nied the request without prejudice to its renewal in the event it appears necessary later. Kalmenson 'Happy' Benjamin Kalmenson, general sales manager of Warner Bros., in a state- ment issued on Friday said he was happy over the order of the court and glad that the company will again be able to sell in Minnesota. Rise and Shine (20th Century-Fox) A SPRIGHTLY, lively and tuneful comedy with music is "Rise and * A Shine," a burlesque on the big and powerful, but extremely stupid football hero with the unpronounceable name. Based on the book by James Thurber, "My Life and Hard Times," the film was produced by Mark Hellinger and directed by Allan Dwan, with "singable" lyrics and music by Leon Robin and Ralph Rainger. It has been given an elaborate and well-mounted production, technically all that is required, and features a handful of names, which with its timely foot- ball theme, should supply the exhibitor with considerable material for exploitation. Jack Oakie plays the big, extremely sleepy, and amazingly stupid Clayton football hero, with the support including George Murphy, Linda Darnell, Walter Brennan, Milton Berle, Donald Meek, Ruth Donnelly, Raymond Walburn and Sheldon Leonard. The latter is the big-time gambler who sends Murphy, orchestra leader and ex-football star, down to Clayton to keep his eye on Oakie, who is responsible for Clayton's victories, and hence responsible for Leonard's winnings. Miss Darnell is the feminine Clayton cheer-leader, and daughter of Meek, professor in whose home Oakie stays so that he may have both rest and an opportunity for study. Murphy falls in love with her, while Grandpa Brennan of the eccentric household makes a "play" for Miss Donnelly, part of Murphy's entourage under Leonard's orders. When Leonard tries to get Oakie out of the way, to cross his bets, Murphy gets him back in time to win the game in an amusing finish. Running time, 92 minutes. "G."* Charles S. Aaronson *"G" denotes genc-ral classification. Quigley Discusses Film Contribution to Democratic Ideal Settle Arkansas Theatre Complaint The some run complaint filed by the Cotton Boll Theatre, Lepento, Ark., has been withdrawn at the Mem- phis arbitration board following a settlement, American Arbitration As- sociation headquarters here reported Saturday. The complaint named Paramount, RKO, 20th Century-Fox and War- ners, and the Strand at Lepento. New Hartford Critic Hartford, Nov. 16.— Charles Niles is new dramatic and film editor of the Hartford Times, succeeding Julian Tuthill. (Continued from page 1) and strengthens a people. Vicious en- ;ertainment corrupts and weakens. People who give themselves to diver- sions which violate decency, honor and morality are in danger of losing even their national power. Entertainment based on right moral standards con- stitutes a bulwark of democracy. "The organized motion picture in dustry in the United States has rec ognized the existence of the moral in fluence of the film and has accepted the attendant responsibility. There is to be found in that record an attitude and an accomplishment that is unique in the history of business. "When in 1930 the industry entered upon a systematic program of main- taining right moral standards in its entertainment, it was the first time in the age-old history of theatrical en- tertainment that any such responsibil- ity was so recognized and so provided for. "The goal of good motion pictures — good in moral character and good in entertainment value — is not easily obtainable. It can be reached by no simple fiat despite much that has been said to the contrary. Good pictures must be supported, because if good pictures are not supported they will not be made. Alongside of the politi- cal axiom that a people get the kind of government it deserves, it may also be stated that a people get the kind, of public entertainment it deserves." / Columbia Film at Roxy "You Belong to Me," Columbia pic- ture costarring Barbara Stanwyck and Henry Fonda, has been booked by the Roxy Theatre on Broadway to fol- low "Week-End in Havana," now playing. Training Films Are Shown in England London, Nov. 16.— The directors of the Army Kinematograph Committee have privately previewed three Army instructional films, made by trade units but sponsored by the Army Council. Observers declared all were of high quality. The Army film unit, it was stated, already has produced 45 films and an- other 65 are in production by industry units. The Cinematograph Exhibitors Association has agreed to provide the- atres for the showing of instructional films for the Army as well as civil defense groups. It was announced the Cinema- tograph Exhibitors Association has accepted the invitation of the Army Council to select members to serve on the new film committee, and has sug- gested the delegates already appointed to the existing Army films commit- tee, which has not met as yet. The Kinematograph Renters So- ciety decided last week not to appoint delegates, contending the existing committee and other collaboration by distributors is adequate. State to Air Trust Charge In Neb. Soon* (Continued from page 1) Blank-Green Admiral Theatre, a new house scheduled to open shortly. The state's bill of complaint charg, that the distributors have agreed™* accept higher film terms from Gold berg, in return for which the Epsteir houses, which formerly played day anr date with Goldberg's, will be rele gated to a playing position after th Goldberg houses, as will the Admira, The latter is a neighborhood hous< operated by the Blank Omaha inter ests, and the first new theatre to b< built here in 15 years. The equity action seeks an injunc tion to restrain the contemplated filn deals and clearance revisions It i charged that the Goldberg houses al ready have raised admissions from 3(* to 35 cents as a part of the alleget ' conspiracy. The state's action is in direct con flict with an anti-trust suit filed bj| Goldberg charging the major distribu tors with a similar conspiracy witl the Blank theatres against Goldberg the Blank interests are affiliated witl Paramount, which is one of the dis tributors charged by the state witl conspiring with Goldberg agaim Blank's new Admiral. Kennedy Manager Of Sovereign Films Toronto, Nov. 16.— Walter J. Ken- nedy, veteran official of Empire-Uni- versal Films, Ltd., has been appointed general manager of Sovereign Film Distributers, Ltd., succeeding James Foy, who resigned Nov. 1 to become associated with Oscar Hanson's new company here. Empire-Universal and Sovereign are Nathanson companies. Fisher Gets Ad Post Cleveland, Nov.- 16— Ed Fisher, press,, representative for United Art- ists/ ttas been named publicity and advertising director for Loew's here. He succeeds James Harris, who leaves to become a flying instructor at Ran- dolph Field, Tex. Bail Denied, U. S. to] Quiz Browne, Biofl (Continued from page 1) the U. S. Marshal to produce botl men in court for the examination^ They will be sworn in open court, bu their examination by Assistant U S Attorney Martin Klein will be pri- vate. Following the denial of bail then was some speculation in courtroon circles whether the convicted mei would elect to remain in the Federa, House of Detention here or be seni to the penitentiary. They have the right to remain here until their ap- peals are decided, but they will re- ceive no credit for time served unless they go to the penitentiary. In opposing bail, U. S. Attorney Mathias F. Correa declared that nc amount of bail would keep the men within the jurisdiction. He said that Browne's $50,000 bail before trial had been furnished by the Chicago opera- tors' union, Local 110, but he has been unable to learn who furnished Bioff's bond. M iami Sees Record, Houses Open Early (Continued from page 1) ters to patronage along Miami Beach's famous Lincoln Road, at a cost of $10,000. Opening date for the Sheridan the- atre in Miami Beach, will be Thanks- giving day, with Irwin Waite a manager. The Surf theatre, of the WometcoJ enterprises, located in the north end of Miami Beach, will open early in December. ft) sss#sa^' ^ .... *9> i ■Do 8 Motion Picture Daily Monday, November 17, 194 'Truth' Pulls $18,500, Best Frisco Gross San Francisco, Nov. 16. — "Noth- ing But the Truth" at the Fox drew a big $18,500. "Sergeant York" took $13,800 in the third week at the War- field. Estimated receipts for the week ending Nov. 6: "Ail That Money Can Buy" (RKO) GOLDEN GATE — (2,850) (39c-44c-55c) 7 days. Stage: vaudeville. Gross: $13,900. (Average, $15,000) " Appointment for Love" (Univ.) UNITED ARTISTS— (1,200) (35c-4Oc-50c) 7 days. Gross: $9,200. (Average, $7,500) "Unfinished Business" (Univ.) "Moonlight in Hawaii" (Univ.) ORPHEUM — (2.440) (15c-35c-40c-50c) 7 days, 2nd week. Gross: $6,500. (Aver- age, $8,000) "Unholy Partners" (M-G-M) "Ice-Capades" (Rep.) PARAMOUNT — (2.740) (15c-35c-40c-50c) 7 days, 2nd week. Gross: $10,500. (Aver- age, $11,500) "Nothing But the Truth" (Para.) "Nine Lives Are Not Enough" (W. B.) FOX— (5,000) (15c-35c-4Oc-50c) 7 days. Gross: $18,500. (Average, $16,000) "Hcnky-Tonk" (M-G-M) ST. FRANCIS — (1,400) (15c-35c-40c-50c) 7 days, 6th week. Gross: $4,600. (Average. $4,500) "The Stars Look Down" (M-G-M) CLAY — (400) (15c-35c-45c) 7 days, 3rd week. Gross: $1,000. (Average, $1,000) "Sergeant York" (W. B.) WARFIELD— (2,680) (25c-50c-65c) 7 davs, 3rd week. Gross: $13,800. (Aver- age, $12,000) 'Swamp Water' Hits $17,500 in St. Louis St. Louis, Nov. 16. — Overcoming inclement weather that included sev- eral days of continual rain, the Fox chalked up most impressive business in weeks with "Swamp Water," and "Great Guns," taking $17,500. Estimated receipts for week ending Nov. 6 : "Lydia" (U. A.) "Dr. Kildare's Wedding Day" (M-G-M) LOEWS— (3,162) (30c-40c-44c-56c) 7 days. Gross: 1$2,S00. (Average, $13,000) "Appointment For Love" (Univ.) "Swing It Soldier" (Univ.) AMBASSADOR— (3,018) (30c-40c-50c) 7 days. Gross: $9,500. (Average. $11,500) "Swamp Water" (2ttth-Fox) "Great Guns" (2Gth-Fox) FOX— (5,039) (30c-40c-50c) 7 days. Gross: $17,500. (Average, $11,000) "It Started With Eve" (Univ.) "Unfinished Business" (Univ.) • MISSOURI— (3,514) (30c-40c-50c) 7 days. Gross: $4,700. (Average. $4,000) "Navy Blues" (W.B.) "Gay Falcon" (W.B.) ST. LOUIS— (4,000) (25c-35c) 7 days. Gross: $4,200. (Average, $2,600) 'Foxes' Gets $7,800 Indianapolis Gross Indianapolis, Nov. 16. — "The Little Foxes" and "Parachute Battalion" took $7,800 at the Indiana. "Sergeant York" in the third week at the Circle was good for $7,600. The weather was chilly. Estimated receipts for the week end- ing Nov. 7 : "Sergeant York" (W.B.) CIRCLE— (2,800) (28c-33c-44c) 7 days, 3rd week. Gross: $7,600. (Average, $6,500) "The Little Foxes" (RKO) "Parachute Battalion" (RKO) INDIANA— (3,200) (28c-33c-44e) 7 days. Gross: $7,800. (Average. $7,000) "Lydia" (U.A.) "Texas" (Col.) LOEWS — (2.800) (28c-33c-i44c) 7 days. Gross: $6,400. (Average. $8,000) "Nothing But the Truth" (Para.) "Buy Me That Town" (Para.) LYRIC— (2,000) (28c-33c-44c) 7 days, 2nd week. Gross: $4,000. ( Average, $4,500) 'York' Providence Leader, $18,000 Providence, Nov. 16. — "Sergeant York," playing the Majestic at ad- vanced prices, pulled in $18,000. Busi- ness elsewhere was satisfactory. Estimated receipts for the week ending Nov. 5-6 : "Unfinished Business" (Univ.) "Burma Convoy" (Univ.) RKO-ALB EE— (2,239) (28c-39c-50c) 7 days, 2nd week. Gross: $6,000. (Average, $6,000) "The Feminine Touch" (M-G-M) "Unholy Partners" (M-G-M) LOEWS STATE— (3,232) (28c-39c-50c) 7 days. Gross: $11,000. (Average, $11,000) "Sergeant York" (W.B.) MAJESTIC— (2,250) (44c-55c-65c) 7 days. Gross: $18,000. (Average, $7,000) "Ladies in Retirement" (Col.) (5 days) "Two Latins from Manhattan" (Col.) (5 days) "Birth of the Blues" (Para.) (2 days) "Mercy Inland" (Rep.) (2 days) STRAND— (2,200) (28c-39c-50c) Gross: $7,500. (Average, $6,000) "Down Mexico Way" (Rep.) FAY'S — (1.8C0) (20c-33c-44c) 7 days. Stage show with Rollo and Vernon Pickert; Ken Whitmer; Richard Lane and Puppet; Keith Clarke; Ritter Brothers; Eleanor Bowers; Barbara Belmore. Gross: $5,800. (Average. $5,000) "Emergency Landing" (P.R.C.) METROPOLITAN — (3,045) (30c-39c-55c- 75c) 3 days. Stage show with Charlie Barnet and Orchestra; Ford Leary and Hazel Bruce; Tito Guizar; Think-a-Drink Hoffman; Wil- key and Dare; and the Marten Brothers and Fayne. Gross: $7,100. (Average, $5,000) "Weekend! hi Havana" (ZOth-Fox) "Men At Large" (2flth-Fox) CARLTON— (1,526) (28c-39c-50c) 7 days, 2nd week. Gross: $2,400. (Average, $3.5CO) "Dr. Jekyll and Mr. Hyde" (M-G-M) (3 days) "Parachute Battalion," (RKO) "You'll Never Get Rich" (Col.) (4 ^ays) "Bad Men of Missouri" (W.B.) EMPIRE — (1,200) (20c-28c) 2nd run Gross: $1,800. (Average, $1,800) 'Heaven' Garners $6,200, New Haven New Haven, Nov. 16— "One Foot in Heaven," dualled with "Three Sons O'Guns" at the Roger Sherman, took $6,200. Estimated receipts for the week ending Nov. 6 : "Ladies in Retirement" (Cod.) "Down in San Diego" (M-G-M) COLLEGE — (1,499). (40c-50c) 7 days. Gross: $3,200. (Average, $2,700) "Smilin' Through" (M-G-M) "Tanks a Million" (U. A.) LOEW-POLI— (3,040) (4Oc-50c) 7 days. Gross: $7,000. (Average, $8,000) "Nothing But the Truth" (Para.) "Flying Blind" (Para.) PARAMOUNT— (2,348) (40c-50c) 7 days, 2nd week. Gross: $4,000. (Average, $4,- 500) "One Foot in Heaven" (W. B.) "Three Sons O' Guns" (W. B.) ROGER SHERMAN-(2,200) (40c-50c) 7 days. Gross: $6,200. (Average, $5,000) 'JekyW Captures $9,000, Montreal Montreal, Nov. 16. — BoxToffice re- ceipts were strong here. "D'h Jekyll and Mr. Hyde" at Loew's drew $9,000. Estimated receipts for the week ending Nov. 6 : "Fantasia" (Disney) HIS MA.TESTY'S-(l,20O) (43c-66c-88c) 7 days. Gross: $4,000. "International Lady" (U. A.) ORPHEUM— (1,000) (30c-40c-60c) 7 days. Gross: $4,200. (Average, $4,000) "Dr. Jekyll and Mr. Hyde" (M-G-M) LOEW'S— (2,900) (35c-47c-67c) 7 days. Gross: $9,000. (Average, $7,000) "Texas" (Col.) "Two Latins From Manhattan" (Col.) PRINCESS— (2,200) (30c-40c-53c) 7 davs. Gross: $4,000) (Average, $2,500) "A Yank in the R. A. F." (Z0th-Fox) PALACE— (2,200) (30c-45c-62c) 7 days. Gross: $7,000. (Average. $7,000) "The Maltese Falcon" (W. B.) "Law of the Tropics" (W. B.) CAPITOL— (2,800) (30c-45c-62c) 7 days. Gross: $7,000. (Average, $4,000) Paper Restriction Hits British Houses London, Nov. 16. — English film houses have been severe- ly hit by new restrictions on the use of paper. The new ruling, in effect today, limits poster use to 10 for each film program. It is based on a demand for a reduction of 50 per cent from the amount currently used. Throwaways and other advertising media also will have to be seriously curtailed. 'Truth' Cincinnati Winner at $5,800 Cincinnati, Nov. 16. — "Nothing But the Truth" collected $5,800 in its second downtown week at the RKO Grand, and "Mexican Spitfire's Baby" did $12,000 with the assistance of "Follies Bergere" at the RKO Shu- bert. Estimated receipts for the week ending Nov. 5-8 : "Hold Back the Dawn" (Para.) RKO ALBEE — (3,300) (33c-40c-50c) 7 days. Gross: $12,000. (Average, $12,000) "The Feminine Touch" (M-G-M) RKO PALACE — (2,700) (33c-40c-50c) 7 days. Gross: $9,300. (Average, $10,000) "Mexican Spitfire's Baby" (RKO) RKO SHUBERT— (2,500) (33c-44c-60c) 7 days. Stage: "Follies Bergere." Gross: $12,000. (Average, $12,000) "Sergeant York" (W. B.) RKO CAPITOL— (2,000) (40c-50c-60c) 7 days, 6th week. Gross: $5,000. (Average, at 33c-40c-50c, $5,500) "Nothing But the Truth" (Para.) RKO GRAND— (1,500) (33c-40c-50c) 7 days, 2nd week. Gross: $5,800. (Average, $5,000) "Honky Tonk" (M-G-M) RKO LYRIC— (1,400) (28c-33c-42c) 7 days, 4th week. Gross: $2,800. (Average, $4,500) "Three Sens O'' Guns" (W. B.) "Tonto Basin Outlaw" (Mono.) RKO FAMILY— (1,000) (15c-28c) 4 days. Gross: $1,100. (Average, $1,200) "Flying Blind" (Para.) "We Go Fast" (20th-Fox) RKO FAMILY — (1,000) (15c-28c) 3 days. Gross: $900. (Average, $800) "You'll Never Get Rich" (Col.) KEITH'S — (1,500) (33c-40c-50c) 7 days, 2dn week. Gross: $3,600. (Average, $5,000) 'York' Is Buffalo Smash at $22,500 Buffalo, Nov. 16. — "Sergeant York" was a hit at the Great Lakes with $22,500. "Honky Tonk" continued its draw at the Hippodrome with $9,100 in the third week. Estimated receipts for the week ending Nov. 8 : "Smilin' Through" (M-G-M) "Married Bachelor" (M-G-M) BUFFALO — (3,489) (35c-55c) 7 days. Gross: $10i500. (Average, $12,000) "Sergeant York" (W. B.) GREAT LAKES— (3,000) (35c-5Sc) 7 days. Gross: $22,500. (Ayerage, $7,500) "Honky Tonk" (M-G-M) HIPPODROME— (2,100) (35c-50c) 7 days. 3rd week. Gross: $9,100. (Average, $6,800) "All That Money Can Buy" (RKO) "Mexican Spitfire's Baby" (RKO) TWENTIETH CENTURY— (3,000) (35c- 55c) 7 days. Gross: $6,100. (Average, $7,500'<| "You'll Never Get Rich" (Col.) "Harmon of Michigan" (Col.) LAFAYETTE— (3,000) (30c-50c) 7 days. Gross: $6,100. (Average. $6,300) Lift 'Village' Censor Ban .... The State Board of; Regents on Friday reversed the State Education Department's ban of "The Forgotten Village," John Steinbeck's film of Mexican folk life. The Regents re- jected the recommendation of a sub- committee. The vote was described as "rather close." 'Rich' Scores $8,900, Best Seattle Gross Seattle, Nov. 16. — "You'll NeveJ Get Rich" took a strong $8,900 at th< Liberty. "Burma Convoy" at thi Palomar, aided by a strong stag<* show, drew $5,800. The weather w^ fair. " Estimated receipts for the weel ending Nov. 7 : "Nothing But the Truth" (Para.) "Henry Aldrich for President" (Para.) BLUE MOUSE^(950) (30c-40c-58cJ 11 days, 5th week. Moved from Paramount Gross: $3,300. (Average, $4,000) "Week-End in Havana" (ZOth-Fox) "Lady Scarface" (RKO) FIFTH AVENUE— (2,500) (30c-40c-58c ' 70c) 7 days. Gross: $7,200. (Average. $7,000 "You'll Never Get Rich" (Col.) "Eilery Queen and the Perfect Crime" (Col.) LIBERTY— (1,800) (30c-40c-50c-65c) days. Gross: $8,900. (Average, $5,000) "A Yank in the R.A.F." (20-Fox) MUSIC BOX— (950) (30c-40c-58c) 7 days 4th week. Moved from Fifth Avenue j Gross: $3,500. (Average, $4,000) "Sergeant York" (W.B.) ORPHEUM— (2,450) (30c-45c-65c) 7 days 3rd week. Gross: $6,200. (Average, $6,000 "Burma Convoy" (Univ.) PALOMAR— (1,500) (20c-42c-50c) 7 days Stage: "Revue Copacobana." Gross: $5,80C (Average, $5,000) "Honky Tonk" (M-G-M) PARAMOUNT— (3,050) (30c-42c-58c) days, 2nd week. Gross: $6,300. (Average, $6,000) 'Kane' Tallies Big $13,000, Toronti Toronto, Nov. 16. — "Citizen KaneS swept to $13,000 at Shea's Theatre']! while "Target for Tonight" at th vue" as the stage attraction. Estimated receipts for the weel- ending Nov. 6-7 : "Sergeant York" (W. B.) ALLEN— (3,000) (44c-50c-60c) 7 days, 5tl | week. Gross: $7,500. (Average at 33c - 39c ■ 47c: $4,000) ,! "You'll Never Get Rich" (Col.) WARNERS' HIPPODROME — (3,800|1 (33c-39c-47c) 7 days. Gross: $10,0001 II (Average, $11,000) "Naw Blues" (W. B.) RKO PALACE— (3,100) 33c-47c-55c) days. "Hollywood Sweater Girls Revue' U on stage. Gross: $21,000. (Average. $13, ■ 500) "Chocolate Soldier" (M-G-M) LOEW'S STATE— (3,500) (33c-39c-47c) days. Gross: $10 000. (Average, $11,000) I "Smi'in' Through" (M-G-M) LOEW'S STILLM AN— (1.900) (33c-39c 47c) 7 davs. Gross: $5,000. (Average. $4. 000) VE IT OR NOT/ GENE 9t'l Anotlt&i RepulUic Record! SHOWMEN TELL THE WORLD REPUBLIC AGAIN BREAKS THEATRE RECORDS WITH ITS GREATER IDEAS IN ACTION! REPUBLIC'S BOXOFFICE RESULTS ARE UNTIED AND UNEQUALED BY ANY OTHER COMPANY, STAR OR GROUP OF WESTERN STARS. THE TOPS BACK IN THE SADDLE (Rep.) . . 175% SINGING HILL, THE (Rep.) . . . 170% RIDIN' ON A RAINBOW (Rep.) . . 165% MELODY RANCH (Rep.) .... 160% UNDER FIESTA STARS (Rep.) . . 160% DOWN MEXICO WAY (Rep.) . . 155% RIDE, TENDERFOOT, RIDE (Rep.) . 140% SUNSET IN WYOMING (Rep.) . . 135% AND REPUBLICS 32 GREATER IDEAS IN ACTION MAINTAINED THE COLOSSAL AVERAGE OF 114% BAR** THE GOODS BUY U DEFENSE BO N D S 10 Motion Picture Daily Monday, November 17, 1941 Radio Lauded By F.D.R. in NBC Message President Roosevelt on Saturday sent "congratulations and best wishes" to Niles Trammell, NBC president, on the occasion of the 15th anniver- sary of the network. The text of the President's letter follows : "On the occasion of the fifteenth anniversary of the National Broad- casting Co., I wish to extend my con- gratulations and best wishes. "Radio has contributed greatly to the culture of the American people during the past two decades, and has been a factor of incalculable value in making them the best informed people in the world through the dissemina- tion of information affecting their welfare. "We are living in a time of gravest national emergency, and no one can foretell the demands this emergency may make upon all of us in the future. We do know, however, that radio will be called upon to play an increasingly important part in domestic and world affairs. I have no doubt that the members of the broadcasting industry- realize the responsibility which is theirs and that they will meet that responsibility by rededicating their vast resources to the maintenance of our democratic traditions, while at the same time they work with redoubled zeal to make our American system of broadcasting the best in the world." Off the Antenna THE NBC research division grew reminiscent over the weekend as the net- work celebrated its 15th anniversary and highlighted some interesting con- trasts between 1926 and 1941. Time costs have risen about 2,000 per cent. Production of programs has tripled. Music constituted about two-thirds of all program material as com- pared with one-half today, but there are twice as many music-hours on the air today as in 1926. The morning exercise periods have disappeared from the network but two new types of shows have appeared, the quiz programs and news and special events. Chiefly because of the advent of daytime serials, dramatic shows have increased from three hours weekly to 65. Talks and discussions have increased from approximately five hours weekly to 27. The average number of station-sponsored hours on the Red has increased from 149 to 3,709 weekly, and on the Blue, from 24 to 1,443. The average number of stations used on each sponsored program has gone up from nine to 55 on the Red and from three to 57 on the Blue. Sponsored programs filled 15 per cent of all broadcast time in 1926 and 27 per cent in 1941. • • • Purely Personal: Edward Longstreth, former director of radio for Col- gat e-Palmolvue-P eet , and Bruce Chapman are writing two daytime serials designed to incorporate the commercials in the dialogue. . . . Wallace Brock- zvay and Herbert Wrinstock had their book, "The Opera," published by Simon & Schuster last zveek. . . . Herbert Bayard Swope, Jr., CBS copywriter, tvill leave the network Nov. 24 to become an ensign in the Naval Reserve. . . . William Bivens, WBT, Charlotte, N. C, announcer, has resigned to become advance man for "Vox Pop." . . . John E. Fogarty, WCPO, Cincinnati, news commentator, and Agues Devanny were married last week. . . . Jack McCarthy, NBC announcer, became father of a girl Friday. • • • Latest station to experiment with all-night operation is WABC. Last Friday, Arthur Godfrey conducted his record show over the station from 1-5:15 A.M. and for the next few Fridays he plans to conduct it from 1-6:15 A.M. This is in addition to his program from 6:30-7:45 A.M. over the same station, and another show starts over WJSV, Washington, at 7:45 A.M. • • • Program News: Liberty magazine will sponsor Paul Sullivan's newscasts over 22 CBS stations Tuesday and Thursday 6-6:10 P.M. beginning tomor- row. . . . "Auction Quiz," heard over NBC-Blue, has become a syndicated weekly newspaper column. Questions used on the broadcasts make up the column. . . . Campana Sales Co.'s "First Nighter" will start its 12th year on the air Friday, Nov. 28 on CBS. More than 500 programs have been pre- sented on the station. NIGHT OF NIGHTS 22nd ANNUAL CHARITY DINNER DANCE MOTION PICTURE ASSOCIATES WEDNESDAY EVENING, NOVEMBER 19th (THANKSGIVING EVE) HOTEL ASTOR CONTINUOUS MUSIC — DANCING TILL DAWN TWO ORCHESTRAS KNOCKOUT SHOW — GUS VAN M. C. MOTION PICTURE STARS PROCEEDS TO MOTION PICTURE CHARITY FUND DINNER AT EIGHT TICKETS: $7.50 per person Make reservations NOW with SEYMOUR FLORIN TWENTIETH CENTURY-FOX EXCHANGE, N. Y. Ascap Members Meet Dec. 1, Board Later Ascap's semi-annual mem- bership meeting has been set for Dec. 1 at the Astor Hotel. The meeting of the board of directors to elect officers is expected to be called soon after the membership meet- ing, according to present plans. CompromiseExpected On Wash. Ascap Fees Seattle, Nov. 16. — It is estimated $250,000 in fees is due Ascap for the period since 1937 when the Washing- ton anti-Ascap law became effective. About half the amount is due from radio, and most of the remainder from exhibitors. A compromise payment is expected to be worked out by all parties. Ascap officials met with state theatre interests Friday to work out an agree- ment on license fees, following an agreement with State's Attorney Gen- eral Smith Troy by which Ascap will comply sufficiently with the state law to permit resumption of business. As- cap also agreed to drop its appeal to the U. S. Supreme Court on the valid- ity of the state law. John G. Paine, Ascap general manager, and Herman Finkelstein, attorney, left here for Chicago over the weekend after the talks and are dlue in New York Wednesday. U. S. Fails to Prove Charge, Says Crescent (Continued from page 1) W. H. Mitchell, representing an asso- ciated defendant, Muscle Shoals The atres. J. D. Mosby, of counsel fi Universal and United Artists, said hi clients' brief would be filed in 10 days. Final arguments in the Crescent anti-trust trial, which consumed seven weeks in Federal Court during late Summer, have been set for Dec. 1. Complaints Brought Suit Crescent's main brief declared the anti-trust action was the result of complaints made to the Department of Justice by Tim W. Smith, W. F. Roth, Fred Gorman and Mac Buchan- an. The brief commented that Judge Elmer Davies, the trial judge, "ob- served the manner and demeanor of these witnesses while on the witness stand and on more than one occasion, in substance, stated that Smith was entitled to little or no credence — that he appeared to be anxious to give answers which he thought would meet with the approval of counsel for the j plaintiff." The 124-page brief asserted that Section 2 of the Sherman Act is not | applicable, declaring : "All of the com- ' plaints against the defendant exhibi- tors have come from so-called in- dependents and have not concerned the quantity of pictures but quality and dating. The charge is that the defendant exhibitors have bought and played the best pictures or that they have been able to play them earlier. It is perfectly obvious that the de- fendant exhibitors have not 'monop- olized' the supply of films in any sense of the word." Deny Agreements The brief also declared that there had been no division of territory by the defendant exhibitors, nor any agreement not to compete with each other. Claiming Crescent operations exert- ed no unreasonable restraint on inter- state commerce, the document said, "it is absurd to say of such a com- modity that the buyer in one locality 'controls the market' even if he be the only buyer in that locality. Prints may be shipped in one direction as easily as in another and the distribu- tor alone controls the market. The Department of Justice engages in pure sophistry when it speaks of control by exhibitors of a local or geographical market. . . ." 12% Wage Increase Averts RCA Strike A strike by RCA Communications employes was averted Friday and a new two-year contract, calling for wage increases of about 12 per cent, was agreed upon after two weeks' mediation. The cornerstone of the new RCA Laboratories was laid Saturday with Major Gen. J. G. Harbord, RCA chairman of the board, officiating. David Sarnoff, president, spoke by radio from the Matsonia en route from Honolulu to San Francisco. TEAMWORK ALL three Eastman negative films con- tribute to the over-all excellence of today's productions. Although they specialize in different fields, they join forces readily because of one impor- tant attribute enjoyed in common — unvarying high quality. Eastman Kodak Company, Rochester, N. Y. J. E. BRULATOUR, INC., Distributors Fort Lee Chicago Hollywood PLUS-X S17PER-XX for general studio use when little light is available BACKGROIJND-X for backgrounds and general exterior work EASTMAN NEGATIVE FILMS ALEXANDRE DUMAS' STRANGEST STORY OF TWO BROTHERS WITH BUT A SINGLE SOUL! TWINS . . . invisibly bound to each other for life— yet worlds apart and enemies to the death! . . . living, loving, fighting as one man! When one brother holds a beautiful jvoman, the other thrills to her love! When one brother writhes under the lash, the other feels his pain! Dumas' most unusual, most exciting drama — now dwarfs all previous achievements of the adventure screen ! Ji 1 ALEXANDI IMAS' masterpiece of adventure and romance STARRING OBUBIAS FAIRBANKS, m RUTH WARRICK • AKIM TAMIROFF • 1. Carrol Naish ■ H.B.Warner Henry Wilcoxon ■ John Emery • Gloria Holden - Veda Ann Borg * Gregory Ra'toff Screenplay by George Bruce • From a free adaptation of the Dumas story ^ by George Bruce and Howard Estabrook • Released through UNITED ARTISTS This is a reproduction of an ad on YOUR BIG Chmo i i»imo Ml I KALI ION that will appear in Life, on newsstands December 19th, as well as a 4-color ad in Look, on the newsstands December 16th — and then a whole barrage of ads in five additional national magazines! (Alert. inteUi-ger Lnffy -wiispensal to the^ktion Picture Industry MOTION PICTURE DAILY J>L. 50. NO. 99 NEW YORK, U.S.A., TUESDAY, NOVEMBER 18, 1941 TEN CENTS )nly 7 of 521 Condemned in fear by Legion trong Diocesan Effort on Films Is Urged Washington', Nov. 17. — Only Ken of 521 motion pictures re- twed by the Legion of Decency jring the year ended Oct. 31 were need in the condemned class, it as reported at the annual meeting ; the Catholic Hierarchy, just iiat/SSm^^^^ .3000. irises Editor, Motion Picture Daily : Your issue on Monday, Nov. 1( quoted me as saying that the cuts i power for marquees and shop win dows (in Charlotte) have aided the atre grosses. I have made no state ment whatsoever and I am in no po. . tion to render an opinion due to th short length of time the order h. been in effect. Mrs. Pauline Griffit.. Secretary, Theatre Owne. of North and South Carolina Charlotte, N. C th) a Hitler Pittsburgh Variety Club Heat Pittsburgh, Nov. 17. — Josepl Hiller has been named chief barker 0 the local Variety Club. Other officer are: Brian McDonald, first assistant Tony Stern, second assistant; Jame Alexander, treasurer; Al Weiblinger secretary. Directors are: James Bal mer, Peter Dana, Harry Feinstein Mark Goldman, Harry Hendel, Byro Stone. The testimonial banquet for Harrj Kalmine will be held Nov. 24 at th< William Penn Hotel, with more tha 1,000 expected. Honorary banquet cc chairmen are John H. Harris an„ Moe Silver. General chairman is C. Q Kellenberg, assisted by Jerry Deasey Elmer Ecker, Joe Feldman, Josepl Silverstein, Ed Stirling. New Officers Elected I By Club in CharlotU Charlotte, N, C, Nov. 17.— New officers of the local Variety Club, an] nounced at the recent first annua" charity banquet of the local unit, are headed by H. M. Everett, chief barker Others are : Phil Longdon, first asfl sistant ; Lester Sipe, second assistant I H. F. Kincey, dough guy ; J. A. Bach man, property man. Directors are : Q, Dillon, Scott Lett, John Vickers Thomas Little, Robert Simpson an George Roscoe. i 20th-Fox Team Here The 20th Century-Fox basketbal team from the studio arrives here to-' day to participate in the Golden Jubi- lee Basketball Tournament to be held at Madison Square Garden tomorrow and next Monday. AMERICAN AIRLINES 0™. ROUTE OF THE FLAGSHIPS MOTION PICTURE DAILY {Registered U. S. Patent Office) Published daily except Saturday, Sunday anc 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 TJniot 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. Othet Quigley publications: Motion Picturd Herald, Better Theatres, International Motion Picture Almanac and Fame. Enj tered as second class matter, Sept. 23, 193q at the post office at New York, N. Y.J' under the act of March 3, 1879. Subscript tion rates per year $6 in the Americas and $12 foreign. Single copies 10c. OA/iy |). \picWr5. dsSeV \°comes be* record \steviv fci-4£^ M S /HOW'M I DOING? J/ftfFS YOUR ANSWER! SWAMP WATER TREMENDOUS FIRST TWO DAYS EQUAL TO A FULL WEEK'S BUSINESS AT GLOBE THEATRE, NEW YORK VIEWS OF THE ITERRORIFIC FRONT OPENING DAY CROWDS! And in St. Louis — Biggest Week's Business Since "Jesse James"! in Atlanta — 20% Ahead of "Yank"! in San Francisco — Biggest of the Year I 4 Motion Picture Daily Tuesday, November 18, 194 Appeals Board Revises Award On Clearance The arbitration appeals board yesterday handed down a decision revising the award of a Washing- ton arbitrator in the clearance case of the K-B Amusement Co., Wash- ington, as an appeal was taken in a New York case, a new complaint was filed in New Haven and a Portland, Ore., complaint was with- drawn. In the appeals board decision, the original award of the arbitrator held that the complainants' theatre, the Apex, is not in competition with either the Calvert or Uptown and directed that the clearance granted the latter two by Warners and Loew's should be eliminated entirely. The appeals board held that the testimony as to the absence of competition was largely "opinion," while facts disclosed that competition does exist between them. The board ruled that the seven days clearance of the Calvert over the Apex should be limited to five days and the clearance of the Uptown, which has ordinarily immediately followed the Calvert, also should be limited to five days over the Apex. The New York case appealed was that of the Alvin Theatre against the five consenting companies, on clear- ance, and was appealed by the Wilbur Amusement Co., an intervenor. The clearance complaint of William Graeper, owner of Graejer's Egyptian, Portland, Ore., against all five con- senting companies, was withdrawn by stipulation following a settlement agreed upon by the parties involved. The Grand Theatre Corp., New Haven, filed a complaint involving clearance and withholding of prints against Loew's, RKO, 20th Century- Fox and Warners. The complaint asks that a maximum clearance of seven days be allowed the Pequot over the Grand. Ascap and Wash, ITO Confer on Fees Due Seattle, Nov. 17. — Ascap attorneys failed to agree with the ITO of Washington on a settlement of fees allegedly due Ascap from the four- year period in which the state anti- Ascap law was in effect, it was learned today following weekend con- ferences. James Hone, executive secretary of the exhibitor organization, and a com- mittee received proposals from John G. Paine, Ascap general manager, and Herman Finkelstein, attorney, but withheld a decision until the proposals can be placed before the entire board of the exhibitor organization. Reviews "This England' Baltimore Club Will Give Hospital Room Baltimore, Nov. 17. — The board of directors of the local Variety Club has approved a memorial committee's proposal that the club furnish a room in the Sinai Hospital here in memory of its late chaplain, Rabbi Edward L. Israel. The furnishings will in- clude a sound-proofed floor, in addi- tion to the usual furnishings. (British National Films — World Pictures) TP HIS picture from England has as its title and takes as its text Shake - speare's lines from "Richard II,'" "This precious stone set in the silver sea . . . This England." Here is a documentary film with a real dramatic punch. Some may like it more because of its propaganda, and some less, but it is a moving narrative nonetheless. Director David MacDonald has selected for his story the Norman conquest, the battle with the Spanish Armada, the Napoleonic wars and the first World War. The Englishman's willingness to fight and his love for liberty carried him through before and it is the theme of this production that England will come through again. The episodic telling of the story begins with the appearance of a young girl reporter from New York in the village of Claverly on the Channel coast. She is seeking "color" for her story of a nation at war and the four flashbacks effectively tell why England fought before and why the nation is fighting again. MacDonald skillfully has given the story a unity which might otherwise be lost in four isolated episodes stretched over a thousand years, by using the same locale and the same characters. These leading characters are, of course, the succeeding generations who populated the village. Emlyn Williams, Constance Cummings and John Clements have pre- viously been seen in outstanding box-office attractions. Roddy McDow- all, who contributes a fine performance in "How Green Was My Val- ley," made his film debut in this picture and is seen in one of the episodes. Other supporting roles are of uniform excellence. Running time, 80 minutes. "G."* Edward Greif "Wings of Victory" (Artkino) "AIRINGS OF VICTORY," most recent release of Artkino, Ameri- * * can distributor of Russian films, is the story of a Soviet aviation hero, Valeri Chkalov, the man who led the flight from Moscow to the state of Washington in 1937 when a young man. Chkalov was dismissed from the Russian Army Air Corps for reckless flying. Later he was a test pilot and helped develop modern planes. Finally he became chief long-distance flyer of the U. S. S. R. Besides flying, much of the film is concerned with the efforts of Olga, his wife, and his former Army squadron leader, to prevent him from being discouraged. The technical standards of the film are not high. Parts of it are well directed and acted and parts of it very poorly done. The pace is rather slow. If the running time were cut a half hour or more, the film would be improved. Chief propaganda elements are several scenes in which Stalin is por- trayed as a kind and gentle man and some other parts of the picture in which the glories of the Soviet Union are sounded. The film has nothing to interest general American audiences. The few that see it will get a laugh at the Soviet representation of how Americans receive transoceanic flyers. In Russian, English sub-titles make it possible to follow the ac- tion. Running time, 99 minutes. "G."* M. Q., Jr. "The Perfect Snob" (20th Century-Fox) DOY, Cornel Wilde, meets girl, Lynn Bari. He is usually apathetic where girls in general are concerned. She, abetted by her mother, seeks to land a rich husband of social distinction. After some entangle- ments with one of her prospects, Alan Mowbray, and his best friend, Anthony Quinn, the boy and the girl in the case find true love in each other. The plot set-up is basically of the usual boy-meets-girl variety with minor variations. It is light, featherweight in fact, and breezy and always pleasant to take. As a supporting feature, it seems completely adequate. Charlie Ruggles and Charlotte Greenwood are the parents of Miss Bari. Mother and daughter take to Hawaii and undertake to find a desirable mate for the latter. Ruggles follows. The complications then set in. Director Ray McCarey gave the film a snappy pace and com- mendable treatment on the whole. Walter Morosco is the producer. Running time, 62 minutes. "G."* Eugene Arneel *"G" denotes general classification. 10 New Films Completed; 42 Now Shooting Hollywood, Nov. 17 — Forty-twc pictures were before the cameras thi: week as nine started and 10 finished1 Twenty-eight are being prepared, aB 78 are being edited. ^ The busiest are M-G-M and 20tlj Century-Fox, each with eight in work! The tally by studio : Columbia In Work: "Martin Eden," "Th(J Man Who Returned to Life," "Shu' My Big Mouth," "Lawless Plains man." Korda (U.A.) Started : "To Be Or Not To Be." | M-G-M Finished: "Joe Smith, American." In Work: "Mrs. Miniver," "Chin;i Caravan," "Born to Sing," "I Marriec An Angel," "We Were Dancing." j Started: "Out of the Past," "IT Take Manila," "Rio Rita." Monogram Finished: "Freckles Comes Home,' "Boy of Mine," "Riot Squad." Paramount Finished : "Dr. Broadway." In Work: "This Gun for Hire.il "True to the Army." Started: "Out of the Frying Pan.', RKO Finished: "Sing Your Worries Away," "Mexican Spitfire at Sea." In Work: "Mayor of 44th Street,' "The Falcon Takes Over," "The Tut- ties of Tahiti," "The Magnificen Ambersons," "Syncopation," "Vallej of the Sun." Republic Finished: "Born to the Saddle." In Work : "Lady for a Night." Roach (U.A.) Started: "Brooklyn Orchid." Small (U.A.) Finished : "Heliotrope Harry." 20th Century-Fox In Work: "Tales of Manhattan,' "To the Shores of Tripoli," "A Gen-; tleman at Heart," "You Can't Al- ways Tell," "Song of the Islands,\ "Roxie Hart," "On the Sunny Side,' "Son of Fury." Universal Finished: "Frisco Lil." In Work : "Temporary Bride,' "The Wolf Man" (Formerly "Des- tiny"). Warners In Work: "In This Our Life,' "The Night Before Christmas," "Juke Girl," "Always in My Heart," "Ar- senic and Old Lace." Ritchey Sets Mono. Argentine Release Norton V. Ritchey, vice-presidem in charge of foreign activities for Monogram, has closed a deal wit! Distribuidora Panamericana to dis- tribute Monogram product in Argen- tina, according to word received hen from Ritchey, now in Buenos Aires Ritchey also has named Nat Liebes kind, former RKO South America! supervisor, as Monogram special representative in Argentina, Uruguax and Paraguay, with headquarters ir Buenos Aires. WORD - DF- MOUTH! The success of a single short subject series, John Nesbitt's 'PASSING PARADE," pro- iuced by M-G'M, is doing this industry more good than reams of editorials and testimonials. To have good pictures they must be supported. To do fine things on the screen requires the co- operation of the theatres. All credit to the exhibitors of America for their judgment in booking and supporting the "PASSING PARADE" series. The public has indicated its ab- sorbing interest in these shorts that tell of the little events that make living an exciting experience. The sincerity of their production, the sound manner of their exposition in the best magazine tradition, the span of their source material across the by-ways of life make them subjects of extraor- dinary human appeal. To those thousands of showmen who have already taken John Nesbitt's "PASSING PARADE" to their hearts, we are grateful. To others who have not yet given their au- diences the opportunity to experience the warmth and inspirational thrill of these brilliant little entertainments, we urge an immediate booking. Try them once and you will become an enthusiast for one of the best offerings the screen affords. GROWTH! Percentage increase in circulation since start of JOHN NESBITT'S "PASSING P A R A D E" For instance/ these John Nesbitt gems: Just released : "STRANGE TESTAMENT" On the xvay: "WE DO IT BECAUSE—" Recent "Passing Parade" Hits: "Hobbies" • "Willie and the Mouse" • "Out of Darkness" "This is the Bowery" • "Whispers" 6 Motion Picture Daily Tuesday, November 18, 1941 SearsNew U.A. Sales Head; Raftery Named President Laudy Lawrence Arthur W. Kelly Only 7 of 521 Condemned in Year by Legion {Continued from page 1) 9.6 per cent, in Class B, as objection- able in part. The report pointed out that there has been a continued increase in the number of films rates as objectionable, in part or in their entirety, and em- phasized the necessity of strong dio- cesan organization to implement the work of the national office for whole- some pictures. Renewal of the pledge of the Legion of Decency in all churches was set for Dec. 14. ' Ban on Ism Groups Favored by Equity (Continued from page 1) out. About a third of the 4,000 were ineligible to vote because they were not in good standing or for other disqualifications, officials stated. Twen- ty-nine of the ballots were ruled in- valid. The referendum was in the nature of an advisory vote to the council. Twice before membership meetings have urged the adoption of such amendment. Those who voted in the affirmative on the first question were asked, in view of the difficulty of de- fining "sympathizer," whether that word should be included in the amend- ment. Defense Increases Spending in Frisco San Francisco, Nov. 17. — Thea- tres are feeling influx of extra money into workers' pockets here, due to de- fense activity, which has been mani- fested also in the opening of six new night clubs, indicating the public has more to spend. The Tivoli Theatre will reopen here Nov. 25 with the San Francisco Civic Light Opera committee in charge. First production, scheduled for a two- week run, will be Rudolf Friml's "The Firefly." Loew Decision on Minn, Is Delayed Loew's decision on its future opera- tions in Minnesota, scheduled to be decided yesterday, was delayed due to the absence from the city of William F. Rodgers, vice-president and gen- eral sales manager. The decision may be made today following Rodgers' re- turn from Philadelphia. Glennan Joins Goldwyn Hollywood, Nov. 17. — T. Keith Glennan, formerly manager of the Paramount studio, has been appointed manager of Samuel Goldwyn Studios. WANTED Young man, draft exempt, with ac- counting experience. Familiar with na- tional motion picture circuits and inde- pendent exhibitor accounts. Must be able to compile records, set up state- ments, etc. Salary $30 to $35. Box 203, MOTION PICTURE DAILY, Rocke- feller Center, New York. (Continued from page 1) Alexander Korda, Charles Chaplin and Mary Pickford. The deal with Sears was arranged last week. The company will establish a new production committee in Hollywood to be headed by George Bagnall, for- mer general manager of the Para- mount studio and more recently gen- eral manager of Alexander Korda Films, Ltd. The committee will con- sist of four members in addition to Bagnall, one each to be designated by Chaplin, Pickford, Korda and Selz- nick. Selznick has appointed Daniel T. O'Shea, executive vice-president of his company, as his representative on the committee, and the remaining com- mittee members are scheduled to be named within the week. Will Include Financing The new production committee will have charge of the company's finan- cial interests in its productions and will direct the operation of United Artists Productions, Inc., the former Walter Wanger production company recently acquired by United Artists and destined to become the company's own producing organization. Under the plans of the execu- tive reorganization, it is ex- pected that United Artists will appreciably increase its release schedule by signing independent producers who will work through the company's own pro- ducing organization. Arrangements for such additional productions will be made by the new committee, on the advice of Sears and the New York executive committee and will, in turn, be passed upon by the United Artists board only on the joint recommendation of these groups. Sears will assume his new post on Monday. The other appointments are effective immediately. Raftery has been identified with the company in legal capacities for 19 years. He will maintain headquarters, he said, in both the United Artists offices and his present law offices and will make periodical visits to the Coast for conferences with owners and producers. The presidency of United Artists has been vacant since Dr. A. H. Giannini relinquished it about five years ago. In the interim, Mary Pickford, George J. Schaefer, Mau- rice Silvers.tone and Kelly have acted as temporary administrative heads of the company. Sears said that it was his intention to retain the present United Artists sales setup in both the home office and the company's 32 exchanges in the United States and Canada. However, it was widely reported yesterday that Carl Leserman, formerly assistant to Sears at Warner Bros., who resigned with Sears two weeks ago, would shortly join United Artists. In this connection it has been established that the Nathanson interests in Canada have in- vited Haskell M. Masters, United Artists general sales manager for the West and Canada, to become general manager of their new Odeon Circuit in Canada. Harry Gold is Eastern and South- ern general sales manager for United Artists. Lawrence said that Walter Gould, foreign manager, will remain in charge of that department and that no immediate changes are contemplated in the personnel of the 27 exchanges abroad. The number of U. A. productions to be made by the company's new pro- ducing unit is scheduled to be set by Sears in the near future. In the meantime, the company was said by Kelly to have $1,200,000 in assets and the exclusive ownership of "To Be Or Not To Be," the Alexander Korda production, starring Carole Lombard and Jack Benny, and directed by Ernst Lubitsch, as well as the last Wanger production, "Sundown." The Korda production is owned by United Artists through Romaigne Prod., a wholly owned subsidiary which has the rights to the picture, Raftery said. Announcement at Party Announcement of the executive re- organization was made late yesterday at the Waldorf-Astoria suite of David O. Selznick, who has been the princi- pal figure in the negotiations under way here for the past six weeks. In the course of those negotiations, the names of not only Raftery and Sears entered the picture, but also that of William F. Rodgers, vice-president and general sales manager of United Artists. The announcement yesterday was made something of a gala occasion, in the form of a cocktail party, with not only all of the United Artists home office executives in attendance, to- gether with trade and daily press rep- resentatives, but also many well known executives of other companies. Among the latter were Nicholas M. Schenck, Joseph M. Schenck, Ned E. Depinet, Carl Leserman, Malcolm Kingsberg, Charles W. Koerner, John Hay Whitney, Lowell Calvert, Sam Rinzler, Colvin Brown and Leo Spitz. Defense Challenges Position of U.S. in Crescent Suit Brief (Continued from page 1) plaintiff deduces therefrom are accu- rate, applicable statements of the law." The 86-page reply, supplementary ' to Crescent's 124-page main brief filed last Friday with Federal Jud^| ji Elmer Davies, stated the main brH I was filed "purposely" because the de- fendants desired to get before the "court" the facts and law without at the same time discussing the conclu- sions drawn by the plaintiff from the facts." It was argued in the reply brief that Crescent's franchises with Para- mount, Warners and 20th Century- Fox "cannot be invalidated for want of necessary parties." Pointing out the three distributors were missed from the Crescent suit following the consent decree, the brief declared, "it is impossible, therefore, to invalidate these franchises at this time because it would adversely affect the right of j parties not before this court." With respect to agreements Cres- cent had with independent exhibitors not to compete with Crescent after selling their theatres, the brief as- serted "it is well settled that reason- able agreements not to compete made in connection with the sales of a busi- ] ness do not violate the (Sherman) | Act." Defendant exhibitors, the brief de- : clared, have not made unreasonable use of whatever circuit buying power of films they may possess. Cincinnati Reports 256 October Games Cincinnati, Nov. 17. — Total at- I tendance at 256 chance games parties J here in October was 295,893, accord- 1 ing to report of Police Chief Eugene } T. Weatherly, in a report to City i| Manager C. O. Sherrill, who issues J the permits. Gross receipts were $211,- 978 and prizes, $49,321, leaving net of $162,657 to the sponsoring organiza- tions. Average net cost per player i was 54 cents. Plaintiffs Withdraw Reading Trust Suit (Continued from page 1) agreed to a dismissal, which Benjamin Sork, attorney for the plaintiffs, af- firmed. Meanwhile, the anti-trust trial of j Milton Rogasner, operator of the Iris here, against Warners and the major • distributors, also scheduled for today, was continued by agreement until the next term of court, probably in Jan- 1 uary. B & K Takes Three Chicago Theatres (Continued from page 1) five consenting companies and the B & K Belpark, Will Rogers and Gateway theatres. It is expected that j the deal will automatically dispose of the complaint. Hart Has Operation William S. Hart, veteran actor, un- derwent an operation for cataracts yesterday at the Columbia-Presby- terian Medical Center. ASK YOURSELF THIS QUESTION: • Theatre managers who have adopted High Intensity projection know that the increased screen light means IMPROVED PICTURE QUALITY BETTER AUDIENCE RESPONSE INCREASED ATTENDANCE MORE PROFIT The new "'One Kilowatt" High Intensity arcs supply 50 to 100 per cent more screen light than low intensity lamps at practically the same operating cost. Ini- tial cost is also low. Ask your dealer to give you the figures and a demonstration of this modern pro- jection light. THE NEW "ONE KILOWATT" ARCS USE "NATIONAL," "SUPREX" AND "OROTIP" CARBONS 1881-1941 The sixty year record of "National" carbons is one of steady progress and improvement. Further progress and continued leadership in the Motion Picture Indus- try are assured by constant research and an intensive development program. The words "National," "Suprex" and "Orotip" are trade-marks of National Carbon Company, Inc. . . . Carbon Sales Division, Cleveland, Ohio NATIONAL CARBON COMPANY, INC. general offices Unit of Union Carbide and Carbon Corporation 3° East 42nd Street, New York, N. Y. ||| 3 3 BRANCH SALES OFFICES N ew York, Pittsburgh, Chicago, St. Louis, San Francisco s Motion Picture Daily Tuesday, November 18, 194 'Swamp Water' Gets $7,500 on Weekend, Big Broadway Draw (Continued from page 1) show is now in its second week and will hold for a third. At the Rivoli, "How Green Was My Valley," now in its third week, grossed an estimated $16,000 Friday through Sunday and starts a fourth week tomorrow. The Radio City Music Hall with "One Foot in Heaven" and a stage show had a Thursday through Sun- day gross estimated at $60,000. The film ends a one-week run tomorrow night to make way for "Suspicion." "The Chocolate Soldier" at the Astor did an estimated $6,200 Friday through Sunday and that picture, now in its third week, also holds over. "They Died With Their Boots On" starts at the Strand Thursday with Woody Herman's orchestra on the stage. The theatre's present film, "International Squadron," with Teddy Powell's orchestra, brought an esti- mated $19,500 Thursday through Sun- day. Another new picture to make its Broadway debut this week is "Sky- lark," which opens at the Paramount tomorrow with Harry James' orches- tra and Ray Bolger on the stage. The current attraction, "New York Town" with Bill Robinson and Jimmie Lunceford's orchestra on the stage, ends a single week's run tonight with an estimated $37,000 expected. Sat- urday and Sunday business was esti- mated at $19,000. "The Forgotten Village" will open today at the Belmont Theatre. Ticket Tax Voted By Alabama Town Bessemer, Ala., Nov. 17. — The Bessemer City Council has imposed an amusement tax of one cent for tickets of 10 cents or under, and two cents on all tickets over 15 cents. Motion pictures, football games and any other class of public amusement will fall in the classification. The amusement tax was vigorously opposed by operators of motion pic- ture houses, who claimed that it was unfair to tax one business alone and attempted to show that where the tax was collected in the state there had been a sharp decrease in receipts. Ban Quebec Child Aluminum Matinee Montreal, Nov. 17. — Provincial authorities of Quebec on Saturday refused permission to Robert Johnson, manager of the Kent Theatre, to stage a special aluminum matinee for children with an article of aluminum as the admission fee. Authorities re- fused to relax the Quebec provincial law forbidding children under 16 to attend film theatres, despite the na- ture of the special showing. Sacramento Gross Hurt by Taxi Strike Sacramento, Nov. 17. — A citywide taxi strike is being blamed by local motion picture operators for a drop in box-office receipts. Drivers for all seven major cab companies are de- manding their minimum guarantee be increased from $1 to $4. BMI Adopts New Eight-Year Pact Broadcast Music, Inc., yes- terday announced a new eight- year contract offered to suc- ceed the current one, which expires March 12, 1942. Fees will continue to be based on a sliding scale in relation to gross income. Rates are re- duced so that stations in the lowest income brackets will pay 3A of one per cent in- stead of 1 per cent, and those in the highest group 1.2 per cent instead of 1.66 per cent. The new scale is estimated by officials to bring in more than $1,000,000. 'U' Will Release New Wanger Production The deal by which Universal will release Walter Wanger's "Eagle Squadron" was signed on Saturday, coincident with the company's mid- season meeting of Universal's Eastern and Southern district and branch managers, home office and studio offi- cials at the Hotel Astor. The deal confirms Motion Picture Daily's story of yesterday The picture is scheduled to be made at the Universal studio and back- ground shots are now being made by a Wanger production unit in Eu- rope. Shooting is scheduled to start by Jan. 5 and the picture is slated for release in the Spring. (Continued from page 1) company heads to discuss plans for production of the films. During his trip through the South- ern Hemisphere, Whitney said he had discussions with President Vargas of Brazil, Foreign Minister Rossetti of Chile and with officials of other coun- tries on an extensive program of in- terchange of shorts and 16 mm. films between the United States and the Latin nations to aid in the familiariza- tion of each people with the other. Everyone expressed a desire to see more of the United States way of do- ing things, Whitney said of his trip. He disclosed that Brazil's Minister of Education, Roquette Pinto, told him he is anxious to develop the use of educational films in Brazil's schools and wants United States-made films for the purpose. In Chile the foreign minister is setting up a special com- mittee to cooperate with the Coordi- nator's office. The films sent to Latin America will be made under the supervision of Kenneth Macgowan, 20th Century- Fox producer, on loan to the Coordi- nator's office, Whitney said. Distribu- tion, wholly non-theatrical, will be handled through an organization being set up by Phil Reisman, RKO foreign manager, who has been lent "part- time" to Whitney's office by George J. Schaefer, president of RKO. Reis- man's setup will handle distribution of 35 mm. Latin pictures reduced to 16 Bergen Program Tops Hooper List Edgar Bergen's Charlie McCarthy tops the list of big audience programs with a rating of 30.1, according to the latest Hooper ratings. Fibber McGee & Molly are in second place with 29 and Walter Winchell is a close third with 28.6, having moved up from seventh place in the last re- port. Jack Benny is in sixth place with 27.6, just behind "Aldrich Fam- ily" with 28.2 and Bob Hope with 27.7. Others in the first 15, are "Lux Radio Theatre," 26.4; "Maxwell House Coffee Time," 23.3 ; Eddie Cantor's "Time to Smile," 19.3 ; "Mr. District Attorney," 18.3 ; Orson Welles, 18; Major Bowes, 17.4; "Kraft Music Hall," 17.3; Kate Smith, 16.8, and "One Man's Fam- ily," 16.8. Red Skelton, with 20.6, leads the programs with regional, rather than coast-to-coast, hookups. Set Chicago Plans For Basket Party Chicago, Nov. 17. — A meeting was held by Morris G. Leonard and Jack Kirsch, co-chairman of the Chicago Movie Basket Parties, which was at- tended by representatives of exhibi- tors, the unions and the press. Plans for the annual party were discussed and committees assigned to handle ar- rangements. The Seventh annual party will be held at all participating theatres at 10:30 A.M. on Dec. 23. Business Men Give Aid Against Axis During his recent trip to South America, John Hay Whitney said yesterday he found groups of American business men in Argentina and Brazil have done effective work in cutting down the playing of Axis films in houses not actually controlled by the Nazis. mm. form, in this country as well as the U. S. pictures in South and Cen- tral America. Technical aides to help improve the quality of South American shorts made for United States distribution are being sent to Brazil, Argentina and Chile by his office, Whitney re- vealed. Whitney also disclosed that Walter Wanger will succeed to the post re- cently vacated by Kenneth Thomson as executive secretary of the Motion Picture Society for the Americas, the Hollywood group which works with Whitney's office on production. Thom- son found it necessary several months ago to devote more time to the Screen Actors Guild, of which he is execu- tive secretary. David Hopkins has been named the Coordinator's repre- sentative on Wanger's staff. ATOI Convention Elects Directors Indianapolis, Nov. 17. — Associate Theatre Owners of Indiana, affiliau of Allied, today elected new directors at the organization's convention here Officers will be elected tomorrow. The directors chosen are: Alex Manta, Maurice Rubin, H. Lisk Kreighbaum, Douglas Haney, A. H Borkenstein, Roy Kalver, Marc Jt Wolf, William Studebaker, J. W Dixon, Leonard Sowar, P. H. DiclSa son, Sam Neall, Abe Kaufman, J. B. Sonce, Stanley Cooper, Walter Eas- ley, Roy Harrold, Trueman Rem- busch, S. J. Switow, Oscar Fine, Harry Kornblum, H. H. Johnson, HM P. Vonderschmitt, A. B. Thompson, Dudley Williston, Fred J. Dolle and Carle Niesse. Jack Kirsch, president of Allied of Illinois, urged the setting in motion of Allied's plan for industry unity im- mediately. Other speakers were H. M. Richey of M-G-M ; Claude Lee, of Para- mount and George B. Loy, head of the Indianapolis office of the U. S. Secret Service. Speakers tomorrow include Abrani F. Myers, general counsel of Allied States and Jacob Weiss, ATOI coun- sel, among others. 7 of 11 New Pictures Approved by Legion Of 11 new pictures reviewed and classified by the National Legion of Decency this week, seven were ap- proved, five of them for general patronage and two for adults ; three were classed as objectionable in part, and one was condemned. The new films and their classification follow. Class A-l, Unobjectionable for Gen- eral Patronage — "Billy the Kid's Roundup," "Land of the Open Range," "The Royal Mounted Patrol," "Sierra Sue," "Spooks Run Wild." Class A-2, Unobjectionable for Adults —"Cadet Girl," "Weekend for Three" Class B, Objectionable in Part — "Es- cort Girl," "Man Who Seeks the Truth," (French), "Swamp Woman." Class C, Condemned — "Le Roi" ( French) . Morrison Loses Suit To Halt SAG Action Hollywood, Nov. 17. — Federal Judge Leon Yankwich has rejected the petition of Leo Morrison, agent, who sought to restrain the Screen Actors Guild from taking disciplinary action against him over his suit against Charles K. Feldman and others for allegedly influencing John Wayne to drop his agency contract with Morrison. The court held the SAG's agency franchise agreement carried sufficient remedies and that the court was in no position to grant re- lief. Delay Date for Trial Chattanooga, Nov. 17. — Date for trial of the copyright suit of six ma- jors against Dixie Theatres Co., for $4,750, will be set in Federal Court here after Dec. 1. The plaintiffs al- lege unauthorized showing of 19 films at the circuit's Volunteer Theatre here. Plaintiffs are: Loew's, Colum- bia, Warners, 20th Century-Fox, Par- amount and LTniversal. Films to Latin America to Be Truthful, Says Whitney Alert, MOTION PICTURE DAILY 50. NO. 100 NEW YORK, U.S.A., WEDNESDAY, NOVEMBER 19, 1941 TEN CENTS Average Cost Of Arbitration Put at $87.87 Vo/\ Sturges Discusses Decree at Chicago Chicago, Nov. 18. — The average 0--t of an arbitration proceeding during the first nine months the in- jstry tribunals were in operation Vas $87.87, including $58.23 ex- ibitor's cost and $29.64 to the dis- ibutor, Prof. Wesley A. Sturges if the Yale Law School disclosed jtere yesterday. Prof. Sturges, a member of the Kecutive committee and a director of ':ie American Arbitration Association, iiiscussed the film consent decree and rhitration system at Northwestern diversity. The cost figures he presented in- lude filing costs, arbitrators' fees (Continued on page 6) -i danger UA Return Under Discussion Negotiations for Walter Wanger's teturn to United Artists as a produc- er under the company's new manage- lent are reported to have been opened nd are scheduled to be resumed here n about three weeks when Wanger is xpected to return to New York. The negotiations, it is expected, will k conducted by Edward C. Raftery, liew United Artists president, and i jradwell L. Sears, vice-president in barge of distribution. Raftery took over his new duties vith the company yesterday, as did ^audy Lawrence, vice-president and [{executive coordinator, and Arthur W. xelly, vice-president and new chair- | man of the finance committee. Sears Mill assume his new post on Monday. David O. Selznick, who concluded (Continued on page 6) Indiana Exhibitors Reelect All Officers Indianapolis, Nov. 18. — Officers of Associated Theatre Owners of Indi- ana were reelected by the board of directors as the organization's 15th annual convention closed today at the Hotel Antlers here. Roy E. Harrold of Rushville begins his third term as president. Other of- ficers are H. H. Johnson, Madison, vice-president ; Marc J. Wolf, Indian- apolis, treasurer ; Don Rossiter, ex- (Continucd on page 6) USO Shows Set for 206 Camps; BVay Plays Are Slated The shows planned by USO Camp Shows, Inc., for the enter- tainment of men in the Army and Navy will reach a total of 206 Army camps and Naval stations, and will continue until next April 18, it was announced yesterday. The first four shows on the circuit will open at Army camps and Naval stations on Nov. 27, according to Eddie Dowling, president of USO Camp Shows, Inc. Four others will open Dec. 3, Dowling announced, and a total of 13 are expected to be ready by Christmas. The first four shows include : "Fun- zafire," "Ada Leonard and Her All- American Girl Revue," "hollow the Crowd" and "Bring on the Girls." According to plans, an all-Negro show will go into production shortly for inclusion on the Winter program, and three Broadway plays also will he presented. The major show circuit will play only 65 Army camps and Naval sta- tions where complete theatre and stage facilities are available. Other units will go into 141 camps and sta- tions which have inadequate stage properties for elaborate shows. New Yorkers to Be At Dinner to Silver Albany, Nov. 18. — Film and the- atre executives from New York, Buf- falo, Boston and Pittsburgh are ex- pected to attend the testimonial dinner at the Ten Eyck Hotel here Dec. 8, given by the newlv formed Albanv Variety Club, Tent No. 9, for M. A. Silver. Warner Theatres zone mana- (Continued on page 6) FCC Official Pro-Red, Charge by Rep. Dies Washington, Nov. 18. — Goodwin Watson, broadcast analyst of the Federal Com- munications Commission, to- night was charged by Rep. Martin Dies of Texas with be- ing a "propagandist for Com- munism and the Soviet Union." Dies made his charge in a letter to FCC Chairman Fly in which he declared he was deeply concerned over Wat- son's appointment as, he said, it clearly demonstrated what he has frequently said in the past, that there is a definite influx of Communists and "fellow travelers" in the Gov- ernment service. Dies listed Communist front organizations with which he said Watson is affiliated. Group Leaves for Detroit AIT Opening A group of New York trade paper representatives left last night for De- troit to attend the opening at the Fox Theatre there tomorrow night of Uni- versale "Keep 'Em Flying," starring Abbott and Costello. The stars, Carol Bruce and Arthur Lubin, director, will attend, as will Dick Foran of the cast, who left here with the New York representatives. A parade, greeting by city officials, radio broadcasts and a reception have been planned for tomorrow preceding the opening. The New York group will return here by air Thursday morning. Times' to Furnish WMCA With News Periods Daily In one of the most important moves toward newspaper and radio coopera- tion, the New York Times has under- taken to furnish WMCA with news periods every hour on the hour from 8 A. M. to 11 P. M. every day ex- cept Sunday, when four periods will be furnished. The arrangement will start Dec. 1. The first and last periods each day and all the Sunday periods will be of eight minutes duration, while all others will be of three minutes. The Times will prepare and edit all the (Continued on page 7) M.P. Associates Hold Annual Fete Tonight Motion Picture Associates' 22nd an- nual dinner and dance will take place tonight at the Hotel Astor with about 5C0 persons expected. Among those invited are Paul Lucas, Rosemary Lane, Mischa Auer, C. Aubrey Smith and Bruce Cabot. Gus Van will be master of ceremonies. Jack Ellis is chairman of the arrangements com- mittee. Joseph Lee is president of the organization. Minn. Houses Seek Films to Avoid Closing Allied Asks Early Release For Subsequents By ROBERT E. MURPHY Minneapolis, Nov. 18. — With the product situation in Minnesota acute because of the extended delay in selling' by six major companies as a result of the state's anti-block- of-five law, Northwest Allied today appointed an emergency booking- committee which will attempt to negotiate immediate release of films by first runs in order to avoid clos- ing of subsequent run houses be- tween now and the time new prod- uct will become available to them. Donald O'Reilly of St. Paul was named chairman of the committee. The other members are Fred Strom, executive secretary of Northwest Al- lied, and Sidney Wolk of Minne- polis. Meanwhile, many independent ex- hibitors assert that they will be forced to raise admission prices in order to pay the higher terms being asked by the companies which have resumed selling during the past two (Continued on page 6) WB Note Guarantee Is Reported by SEC The Securities and Exchange Com- mission made public yesterday a guar- antee of payment by Warners on a $4,660,000 note issued by the Stanley Co. of America, a Warner subsidiary, to the Equitable Life Assurance So- ciety of the U. S. The note provides for interest at 4% per cent and quarter-annual pay- ments of $104,850, with a final pay- ment to be made Oct. 1, 1956. Warners also reported, according to the SEC statement, that it had concluded a new employment contract with Joseph Bernhard as vice-presi- dent and general manager, for five years ending Oct. 31, 1946, at a sal- ary of $2,500 per week plus $500 a week for expenses. No Paper Tomorrow Motion Picture Daily will not be published tomorrow, Thursday, Thanksgiving Day. 2 Motion Picture Daily Wednesday, November 19, 194 Coast Flashes Hollywood, Nov. 18 M-G-M today borrowed John Gar- field from Warners and Akim Tamiroff from Paramount to work with Spencer Tracy in "Tortilla Flat." • John J. Gallagher Productions to- day established headquarters at the Hal Roach studio, announcing plans to make "Gypsy Cavalier" for Col- umbia release in English and Spanish versions. Edwin Martin was ap- pointed advertising and publicity head for the company. • Members of the short subjects branch of the Academy of M. P. Arts & Sciences will meet next Tuesday to plan procedure on voting in the annual awards competition. Pete Smith is branch chairman. • RKO announced today the purchase of "Father Malachy's Miracle," Brian Doherty play produced on Broadway in 1937. • Marcus Goodrich today asked the Federal court to enjoin M-GM from producing a film under the title "Delilah," from a Ferenc Molnar play, which is the title of his novel. If an injunction is denied, he asked the court to grant damages based on an accounting. Personal Mention PAT CASEY plans to leave for the Coast tonight. Paul Nathanson left for Toronto yesterday. Mervyn LeRoy is due here today from the Coast for a vacation. Julian Johnson is expected from the Coast for a New York visit. \/l J. SIEGEL plans to return to * the Coast Friday. • Jack Hart of the Riviera Theatre, Scranton, Pa., has been called into the Army. • Robert M. Savin i has returned from a trip through the Midwest, South and Southeast. Greendale Play to Open Here Tonight "Walk Into My Parlor," a play by Alexander Greendale, opens tonight at the Forrest with Rosina Galli, Nicholas Conte, Silvio Minciotti and Hildegarde Halliday among the cast members. Luther Greene is the producer. Will Dissolve GCS Circuit in Chicago Chicago, Nov. 18.— Mort Goldberg, president of the GCS Circuit, said today that disposal of the circuit's three de luxe houses, the Portage, Drake and Admiral, to Balaban & Katz means the dissolution of the circuit and the retirement of the cir- cuit heads after the first of the year. Negotiations are now on for the sale of GCS circuit's Fox, Jeff and Revue theatres, all seating- less than 750. Danziger Leaves Metro William Danziger yesterday re- signed from the advertising depart- ment of M-G-M after seven years with the company. He plans to sail for Rio de Janeiro Dec. 19 with Mrs. Danziger for an indefinite stay. BROADWAY PLAYS "GRAND-SCALE SMASH HIT!" — Life Magazine GERTRUDE LAWRENCE in the Musical Play "LADY IN THE DARK" ALVIN, 52 St. W. of B'way— Mats. Wed. & Sat. Special Matinee Thanksgiving Day Phila. Variety Club Banquet on Dec. 14 Philadelphia, Nov. 18.— The local Variety Club will hold its annual ban- quet on Dec. 14 at the Bellevue Strat- ford Hotel. James J. Walker, former mayor of New York, is expected to be toastmaster. Postmaster General Frank C. Walker and Mayor Bernard Samuel of Philadelphia are scheduled to attend. Entertainment, to feature numerous stage and screen personalities, is in charge of Sam Steiffel, and chairman of the dais committee is Ted Schlan- ger. The banquet will honor the retiring chief barker, Earle Sweigert, and Dr. Leon Levy, former chief barker. Censorship Urged By La. Methodists Shreveport, La., Nov. 18. — The Louisiana Methodist Conference, meeting here, went on record as fa- voring control and censorship of mo- tion pictures by the state board of education. The _ resolution stated that films, which it terms the greatest teaching agency in America today, should be examined as to their moral value by state boards of education. Move to Level Off Prices in St. Louis St. Louis, Nov. 18. — A move to level off admission prices ^mong sub- sequent run houses in St. Louis is under way, according to Fred Wehr- enberg, head of a circuit of neighbor- hood houses and president of the MPTO here. Wehrenberg said the movement has been endorsed by the St. Louis Amusement Co. and inde- pendent owners are likewise agree- able, except for one in South St. Louis and one in West St. Louis. The "leveling off" will entail a slight increase in admission, but will include Federal and State taxes, Wehrenberg said. State taxes here are paid in mills, and the movement has a slogan of "No Mills and No Pennies." For example, many of the subsequent run houses are charging 28 cents, and this will be increased to 30 cents. Those charging 22 cents will increase to 25 cents. Wehren- berg said the plan was tried recently at his 24 theatres and was success- ful. "A GREAT SHOW" — Herald Tribune 50C $1 & $1.50 PLUS TAX , VA N0 HIGHER 2ND YEAR — 2ND EDITION of the Sensational Musical Icetravaganza HAPPENS ON ICE at America's Only Ice Theatre Center Theatre, Rockefeller Center. CO. 5-5474 Eves, except Mon. Mats. Thurs., Fri., Sat. &. Sun. 501 8eat» for Every Perf. 50c. EVGS. AT 8:40 It WB Stockholders Will Meet on Dec. 8 The annual meeting of stockholders of Warner Bros. Pictures, Inc., will be held in Wilmington, Del., on Dec. 8. Six directors have been nominatad for reelection by the preferred stock- holders for two-year terms. The six are: Joseph Bernhard, Waddill Catchings, Robert W. Perkins, Albert Warner, Harry M. Warner and Jack L. Warner. Dual Opening in Pa. Is Set for 'Valley' A dual opening of "How Green Was My Valley" is scheduled for the Comerford, Wilkes-Barre, and the Strand, Scranton, next Wednesday, it was announced yesterday. The book- ings are the only ones except for the world premiere run at the Rivoli here to be scheduled for the picture during the remainder of this year, according to 20th Century-Fox. The twin bookings were made be- cause of the large Welsh population and mining interests, it was stated. RKO WiUScreen 3 Westerns on Dec. 8 RKO will hold trade screenings of the second block of three Tim Holt westerns in all exchanges on Dec. 8. The three will be "Land of the Open Range," "Come on Danger" and "Thundering Hoofs." The single ex- ception is St. Louis, where the screen- ing will be held on Dec. 9. Newsreel Parade rT1HREE important events are n'l_ -*- .ported in the midweek issues, th signing of the new neutrality lau\ the arrival in Washington of Japa' nose Envoy Karusu, and the coc\ strike crisis. Football games also ar \ given attention. The reels and contents follow: \ W MOVIETONE NEWS, No. 21-Japanes j envoy arrives. Neutrality bill signed. Co; strike crisis. Bridge over Pit River, Cali- fornia, completed. Oklahoma town name i Gene Autry. Michigan grandmother pilot airplane. Army nurses at Fort Bragg. N. C Girls in California. Swordfish saddled a j Marineland, Fla. Notre Dame vs. North! western, Minnesota vs. Iowa, Texas Chrisl tian vs. Texas, football. NEWS OF THE DAY, No. 219— Co: crisis. Japanese envoy arrives. Ship-armin bill passes. Notre Dame-Northwesterr | Michigan -Columbia, Texas -Texas Christiar football. PARAMOUNT NEWS, No. 24— Co; | strike. Neutrality Act revised. Japanese voy here; Premier Tojo in Tokyo; Briton'j evacuate Yokohoma; U. S. Marines qui Shanghai. Football: Notre Dame-North western, Minnesota-Iowa, Michigan-Colum I bia. RKO PATHE NEWS, No. 24.— Coal crisi Japan's envoy in Washington. Block part for soldiers in Milwaukee. Complete bridg ' over Pit River, California. Michigan-Col'l umbia, Notre Dame-Northwestern footbal UNIVERSAL NEWSREEL, No. 33 Japanese envoy arrives. Neutrality bii passes. Coal strike. Anti-strike legislatioi urged in Washington. Finish bridge ove' Pit River, California. Screen comedians iii Washington. Football: Washington State Stanford, Notre Dame-Northwestern, Min nesota-Iowa, Michigan-Columbia. Trade Board Will Study KRS Selling London, Nov. 18. — Sir Andrev; Duncan, president of the British Board of Trade, declared in th< House of Commons today in response to questions that he would watch th. trade practices of distributors in th< interest of independent exhibitors. Several members raised the poin that Kinematograph Renters Society, members book only on a percentage basis, which, it was implied, is harm-! ful to exhibitors. Duncan contradicted the percentage contention but agreecJ to watch the distributors' "combine 'n The KRS has called an emergenc) ( meeting for tomorrow to consider thtj new situation brought about by thei| necessity of conserving film stocks. From Army Show Group Sacramento, Nov. 18. — Parties Unlimited has been incorporated here by a group of Hollywood women to sponsor entertainments, dances and shows for the men in the Army and Navy. The directors include Phyllis Brooks, Claire Trevor, Edith Wilker- son, Martha Mature, Priscilla Still- man, Helene Bowman, Mary Briggs Ma rjorie Hall and Daisy A. Seiler. Legitimate Play Booked Columbus, O., Nov. 18. — The RKO Grand, first run house here, will present "Life With Father" the week beginning Dec. 1. This is the first venture of the kind for this house. Slesinger to Hollywood Stephen Slesinger flew to Holly- wood yesterday to confer with Frank Orsatti, his Coast representative, on "Maxwell House," which Slesinger has tied up for novels and films. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday anc- hohdays 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 by Quigley Publishing Company, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. En- tered as second class matter, Sept. 23, 1938 at the post office at New York, N. Y , under the act of March 3, 1879. Subscrip- tion rates per year $6 in the Americas and $12 foreign. Single copies 10c. feJnesdav, November 19. 1941 Motion Picture Daily Guns/ Cugat Philadelphia Best, $18,900 Philadelphia, Nov. 18. — Business as sluggish in spite of the influx of .invention visitors and out-of-town ds for the football games, ng the first runs, "Great Guns" Xavier Cugat's orchestra took 18,900 at the Earle. "Sergeant icrk" continued big at the Aldine tith $13,000 for its fourth week. Estimated receipts for the week end- kg Nov. 11-14: Sergeant York" (W. B.) ALDINE— (1.400) (46c-57c-75c) 7 days, 4th •eels. Gross: $13,000. (Average, $9,000) Hold Back the Dawn" (Para.) ARCADIA— (600) (35c-46c-5"c) 7 days, 2nd bn, 2nd week. Gross: $3,300. (Average, lean) Unfinished Business" (Univ.) ISOYD— (2,400) (35c-41c-46c-57c-68c) 7 pvs. Gross: $13,800. (Average, $13,000) Great Guns" (20th-Fox) ! EARLE— (4.000) (35c-41c-46c-57c-68c) 7 (ays. Vaudeville including Xavier Cugat's Tchestra. Carmen Castillo, Lina Romay. JJiiruelito Valdes, Ken Christy Choir, Raul kivatts ; WMC, Memphis, for increase jbf day power from 5,000 to 10,000 juvatts, and WAPO, Chattanooga, for ..ncrease of night power from 1,000 ,to 5,000 watts. Buys Four Theatres Torxoto. Nov. 18. — R. S. Allen of "Toronto, who has launched an inde- pendent theatre circuit in Ontario, has (purchased the four M. J. O'Brien • theatres in the Ottawa district for- imerly operated by the Ottawa Val- ley Amusement Co. The group, lo- 'cated at Arnprior, Almonte, Renfrew t.and Pembroke, has been added to his first acquisition, the Queen's Theatre •at Hespeler, in western Ontario. Comerford Paper Out Scraxton, Pa., Nov. 18. — The ) Comerford Reporter, house organ of the Comerford Circuit, has reappeared for the annual Theatre Managers i drive in honor of Y. Frank Freeman, . Paramount vice-president. Harold Bell returns as editor, assisted by Mary Nealon and William Graff. (Continued from page 1) copy and furnish it to the station and the programs will not be available for sponsorship. A special staff will be employed by the Times for the pur- pose and the programs will come di- rect from the Times' newsroom. "The decision of the New York Times to establish a radio bulletin service every hour on the hour is due primarily to a desire to keep the Times reader in particular and the newspaper reader in general up to the minute with the news,'' according to a statement by Arthur Hays Sulzberger, publisher. Edward J. Noble, owner of WMCA. hailed the move as the latest in a series of public service programs offered since he took over the sta- tion. Will Drop Non-Commercials The station has more than 30 spon- sored news periods. What the ulti- mate fate of these programs will be was not disclosed yesterday, but sta- tion officials said they will continue on the same basis, as many listeners may prefer a 15-minute summary in the middle of the day or evening. The reaction of the sponsors to the Times' sustaining broadcasts cannot be judged until the programs have been tested by actual operation over the air, it was pointed out. All sustain- ing news programs, except those of the Times, will be dropped after Dec. 1, it was said, and arrangements have been made to shift commercial shows which start on the hour. The Times was interested in es- tablishing an FM station early this year but the matter was dropped about the time the FCC started its in- quiry into joint ownership of news- papers and radio. WOR to Dedicate FM Transmitter Nov. 30 W71NY, the WOR FM station, will dedicate its new 10,000 watt transmitter Nov, 30, with a special program featuring Mayor LaGuardia, Maj. Edward H. Armstrong, devel- oper of "the FM system, and army and navy officials. The new transmitter will have a radius of approximately 52 miles from its location at 444 Madi- son Avenue. Chicago added its third FM station this week when Wr67C, owned by CBS, went on the air. In Philadel- phia, W53PH, owned by WFIL, started operations last week. Felix Meyer lias been named program su- pervisor of W53PH. 'Bolivar* Completed Mexico City, Nov. 18. — "Simon Bolivar," story of the Liberator of Venezuela, has been completed here by Miguel Contreras Torres, veteran producer-director, and Jesus Grovas, president of Grovas & Co., former Paramount manager here. This is the longest picture ever made in Mexico, running 25 reels. Booker Shifts Post New Orleans, Nov. 18. — Herbert Schlesinger, first booker at the M-G-M exchange here, has resigned to take a post with 20th Century-Fox in Charlotte. No Criticism Seen of War News Programs Washington, Nov. 18. — Investiga- tion of the manner in which war news has been handled has given no cause for criticism of broadcasters, it has been disclosed by Federal Com- munications Commission Chairman James L. Fly. Fly said the inquiry, ordered by the Senate Interstate Commerce Commit- tee some months ago during its hear- ings on the White Resolution, was nearing completion and a report might be submitted before the end of the year. The investigation has been a tre- mendous job, he said, involving the sending of questionnaires to all station operators and intensive studies by the commission staff. While he could not speak for the commission, he ex- plained, it was his own view that lit- tle had been developed for which the industry could be criticized. Transferred by CBC Ottawa, Nov. 18. — Reginald Hor- ton of the CBO staff of the Canadian Broadcasting Corp. here has been transferred to Toronto, and has been replaced here by James H. Book of Sudbury, Ont. Independent Outlets Form Organization Chicago, Nov. 18.— A per- manent organization for In- dependent Broadcasters, Inc., is being worked out here to- day and tomorrow in a meeting at the Drake Hotel of representatives of 150 in- dependent stations affiliated with networks. Eugene C. Pulliam, presi- dent of WIRE, Indianapolis, is temporary chairman, and William J. Scripps, WWJ, Detroit, temporary secre- tary. Copyright problems have been discussed with Ascap representatives and others. Officers will be elected tomorrow. A drive against super-power stations is reported planned. NBC Representative Probes Nazi Air Ban NBC headquarters here said that Charles Lanius, head of the continen- tal European staff of the network, had been sent to Berlin to investigate the ban of all American radio correspond- ents by German authorities. Lanius, formerly in Berlin, now makes his headquarters in Berne, Switzerland. Form Producing Firm Sacramento, Nov. 18. — Incorpora- tion papers have been filed by A. K. Barbee Productions to make pictures in Hollywood. Directors will be A. K. Barbee, J. Stanley Mullin and George R. Richter, Jr. The threat is real, but you can meet it this intelligent way Scarcer, with every passing day, become the metals on which the operation of 5'our projection room depends. The threat is real, but you can meet it this intelligent way: put the Altec Service man on your side. Entrust him with the job of getting the most — the fullest possible life-service — out of every part in the equipment that you now pos- sess. With every passing day, an Altec Service agreement becomes more essential to an exhibitor's business security. mi To prevent obscure dislocations from developing into major breakdowns involving heavy replacement ex- tense, every Altec service man car- ries ultra- sensitive electrical instru- ments (30 times more sensitive than the human ear) with which he detects 250 West 57th St. • New York City troubles in their incipient stages. ALTEC SERVICE SAVES, PROTECTS, PRESERVES THE EQUIPMENT AND ALL ITS PARTS -JtO^ ,.t»4 C^1 S office or«e' sit** *° m HEFTY PATRONAGE. • coWE0Y HAAND Mer" NONSENSE • • ' . THAT HAS EVERYTHING'. "RISE AND SHINE- IS A TOUCHDOWN PARADE OF LAUGHS! LOADED FOR STRONG GROSSES EVERYWHERE! FILLED WITH MER. RIMENT AND WILL SCORE! — The Film Daily ANO *H'Ntf" SP,,,6H MUS,C • • W COM»^ WITH MPIOITATIONI M*T«'Al for ""'■■"^••HSr i fit? Robin ''RISE AND SHINE" RIDES THE AIR -WAVES! MARK HELLINGER AS GUEST OF FRED ALLEN'S PROGRAM ON CBS! LINDA DARNELL AS GUEST OF ILKA CHASE'S PENTHOUSE PARTY ON NBC! BOTH GUESTS OF THE "TREASURY HOUR" PROGRAM NOV. 25! MILLIONS OF LISTENERS FROM COAST TO COAST! Alert. Intelligent. Indispensable to the flotation Picture Industry MOTION PICTURE DAILY i . 50. NO. 101 NEW YORK. U.S.A.. FRIDAY, NOVEMBER 21, 1941 TEN CENTS isagreement Delays British Fund Division Loew's Opposes Billings As Basis for Shares Division of the $20,000,000 al- owed to be withdrawn from Brit- sh revenue during the ensuing 12 tooths by the eight major com- lanies has been delayed due to op- •osition by Loew's to the formula or apportionment of the remit- ftnces among the companies, it was ie ported. Seven distribution companies favor pportionmcnt of the remittances on 1 le same basis as last year, that is on percentage equal to each company's hare of gross billings in England for |fce year before. Loew's opposed this formula last car and tbe question went to arbi- (Continued on Page 4) Republic Acquires Bromberg Franchise James R. Grainger, Republic Pic- lures president, has announced that ihe company has purchased the fran- liise agreement beld by A. C. Brom- ■ H rg of Atlanta for the Soutlieast divi- >ion. Bromberg. who has been in the ndustry since 1906, stated that he :>lans to retire from business. Tbe Bromberg organization has dis- ributed Republic films since the latter -"mpany's inception and held the fran- -liise for Atlanta. Charlotte, Memphis. New Orleans and Tampa territories. Grainger said that the personnel of he branches will remain. Bromberg, •vho was in New York on the deal, »\hich was announced Wednesday, paid he plans to leave shortly after the first of the year with Mrs." Brom- berg for an extended tour of South America. Masters Heads Odeon And Empire Firms Haskell M. Masters resigned Wednesday as Western and Canadian sales manager for United Artists and will head the new Odeon Circuit in Canada and Empire-Universal Films, with headquarters in Toronto. Motion Picture Daily reported exclusively that the Odeon post had been offered to Masters. The resignation is effective imme- diately. It is believed that Carl Les- {Continued on page 4) Ascap Sets Officers' Terms to Next April The Ascap board of direc- tors on Wednesday voted to extend to April 1* 1942, the terms of all officers headed by Gene Buck, president. The annual election of of- ficers is scheduled for April 1. The board's action was taken because no election was held last April due to the radio-music 'war.' Paramount Opens Sales Conference In Chicago Today Chicago, Nov. 20. — Barney Bala- ban, Paramount president, and Adolph Zukor, chairman of the board, will address the company's two- day sales meet- ing which opens at the Drake Hotel here to- morrow. Bala- ban will leave for the Coast at the conclusion of the session. Neil Agnew, vice - president in charge of distribution, will preside at the meeting at Neil F. Agnew which general sales problems and sales plans for "Louisiana Pur- chase" will be discussed. The picture (Continued on page 4) 20th-Fox Claims Rights to Musical Twentieth Century-Fox has taken cognizance of reports that Vinton Freedley, producer of "Let's Face It," is offering the film rights to the play. Edwin P. Kilroe, copyright attorney of the company, has written Freedley regarding the matter, it was learned over the weekend. The musical show (Continued on page 4) Report Max Cohen to Take Squire Theatre It is reported that the Squire Thea- tre, on Eighth Avenue at 44th Street, will be taken over by Max A. Cohen, head of the Cinema Circuit. The house has been closed for several months. It formerly was a part of the old Consolidated Circuit. HOLIDAY GROSSES STRONG OVER U. S. Business SRO On Broadway Broadway film houses hung out the S.R.O. sign yesterday afternoon and didn't take it down until after the last show. Despite unseasonably mild weather and a record 70-de- gree temperature at 2:30 P. M., many of the estimated 1,000,000 persons who viewed the annual Macy parade made a full day of it at the Broadway theatres. Business at the early shows was slow because of the two-hour parade which started at 11 :45 o'clock at 106th St. and went down Broadway. By 3 o'clock, however, most houses were filled to capacity and remained so throughout the day. The Paramount with "Skylark" and Harry James' orchestra and Ray Bol- ger drew an estimated $11,600 for the day. This was reportedly better than the three previous Thanksgivings. "They Died With Their Boots On," another new picture, with Woody Herman's orchestra, brought the Strand its biggest Thanksgiving since the present policy was adopted four years ago, it was stated. The day's gross was estimated at $7,600. 'Suspicion' Opens with $19,500 At the Radio City Music Hall, "Suspicion," which opened yesterday, with the stage presentation drew an estimated $19,500, topping last year's figure by about $1,000. "Week-End in Havana" with a stage show at the Roxy garnered an estimated $10,000, about equal to last year. "The Chocolate Soldier" at the Astor grossed an estimated $2,100. The Capitol with "Shadow of the Thin Man" and the Rivoli with "How Green Was My Valley" did a capacity business from about 3 o'clock on. Four of the 21 legitimate theatres giving matinees reported standees, but many of the 26 shows experienced a lull in the evening. Outstanding were "It Happens on Ice" at the Center, which was packed at both perform- ances and grossed an estimated $7,500, and "Lady in the Dark" at the Alvin, which reported 76 matinee standees and capacity in the evening. New Product, Favorable Weather Help Many Key First Runs Exhibitors in the 32 states ob- serving Thanksgiving yesterday gave thanks for a healthy box-office. Few exceptions were reported last night, and these were due chiefly to bad weather. Winter roared over parts of the West and heavy rain fell in much of the South. With strong product avail- able, numerous key city first runs moved up their opening a day to garner the holiday trade. Football, parades and other events were counter-attractions for matinees in many cities. St. Louis reported S.R.O. at most first runs, with business exceeding last year's. "Keep 'Em Flying" at the Fox was a standout. Downtown Providence was capacity by 4 P. M., with "Keep Em Flying" also here leading the parade. Chicago, Los Angeles Big Holdouts were the rule in Chicago's Loop. Los Angeles business was big with an array of strong product and, for the first time in years, no heavy holiday competition. Cincinnati, In- dianapolis, Denver and Seattle re- ported matinees above normal and big night business. Boston theatres, quiet in the morning because of a parade which attracted 500,000 spectators, and football games, had a capacity rush beginning in the afternoon. Milwaukee, where family celebra- tions held sway, reported first runs slightly above average and subsequents spotty. Expected good business was ruined in Buffalo by a driving rain- storm, a celebration, rodeo and foot- ball, but "International Squadron" at the Hippodrome and "Shadow of the Thin Man" at the Great Lakes held up well. Defense Holiday Booms Baltimore Baltimore,Nov.20. — A holi- day at defense plants today brought record attendance at downtown film houses. Mild, springlike weather helped. Most theatres opened new pictures today. 2 Motion Picture Daily Friday, November 21, IS 'Seventh Trumpet' Will Open Tonight Tonight's new addition to Broadway's roster of stage plays is "The Seventh Trum- pet," written by Charles Rann Kennedy. The cast includes Ian Maclaren, Peter Cushing, Carmen Mathews, A. G. Mathews, Leslie Bingham and Alan Handley. The play is a presentation of The Seventh Trumpet, Inc., of which Ken- nedy is the principal. Cut British Release To Save Film Stock London, Nov. 20. — The eight major American companies here will elim- inate one February release, thus ef- fecting a saving of approximately 4,250,000 feet of film. The decision was taken at a meet- ing of the Kinematograph Renters So- ciety (distributors) following con- sultation with the Eastman Kodak Co. and a comprehensive survey of the shortage of film raw stock. An all-industry conference may be held in the near future to study the present production situation and to agree on a united plan to safeguard the industry's position during the period of the war. The lead for the meeting was taken by the technicians' association. NEW YORK THEATRES RADIO CITY MUSIC HALL 50th St. & 6th Ave. CARY GRANT . JOAN FONTAINE "SUSPICION " An BKO-RADIO Picture ON THE GREAT STAGE: "NICE GOING" — Leonidoff's gay spectacular revue. Symphony Orchestra under the direction of Erno Rapee. 1st Mezzanine Seats Keserved Circle 6-4600 CESAR MIRANDA-ROMERO-FAYE-PAYNE WEEK-END in HAVANA PLUS A BIG VV 7th Ave. STAGE SHOW W\ >■» A * & 50th St. Personal Mention B WAY & 47th St. PALACE GARY COOPER os "SERGEANT YORK" Joan Leslie — Walter Brennan BUMBO 20th Century-Fox presents "HOW GREEN WAS MY VALLEY" United D I V A I I Broadway Artists It I ▼ W L I at 49th St. Continuous Pop. Prices. Midnight Shows. H ERMAN ROBBINS has gone to Florida for two weeks. Edward M. Fay has returned to Providence after a visit here. Frank C. Walker spent Thanks- giving in town. • J. J. Fitzgibbons, president of Famous Players Canadian, has re- turned to Toronto. • Frank Sculli, M-G-M salesman in Philadelphia, is the father of a daughter born to Mrs. Sculli this week. • H. E. McFarland, manager in Brazil for Western Electric Export Corp., has arrived for a visit of sev- eral weeks. SAMUEL GOLDWYN is expected from the Coast Monday. • Rube Jackter will leave for Mem- phis Sunday to confer with M. A. Lightman. • Max J. Weisfeldt will begin a tour of Columbia exchanges on Mon- day. • Morty Gerber of Warners and Marjorie Loth have announced their engagement. • W. R. Widenor, Philadelphia super- visor for Altec Service, has been given a leave of absence to do defense work. • Norman H. Moray is expected back Monday from the Midwest. 'Flying' Given Big Opening in Detroit Detroit, Nov. 20. — Two mass ralllies, a parade and a flight of Army planes over the city featured the day's activities here yesterday as Universal's Abbott and Costello film, "Keep 'Em Flying" opened at the Fox Theatre. The comedy stars, and Carol Bruce and Dick Foran, of the cast, and Ar- thur Lubin, director, attended. Army Air Corps recruits were sworn in at a City Hall rally, with Mayor Edward J. Jeffries welcoming them, and later in the day a defense rally was held, followed by a parade of motorized military equipment. Army planes flew over the city in a blaze of anti-aircraft lights before the opening. Army cars took the stars and visiting newspaper men to the theatre, where the premiere of the film was preceded by a half-hour broadcast over the Michigan state net- work of NBC. 'Flying' at Criterion Wednesday "Keep 'Em Flying" is scheduled to open at the Criterion on Broadway next W ednesday. M-G-M to Screen Six Pictures in December M-G-M has set dates for trade showings of six new films in the 31 exchange centers between Dec. 2 and 16. The showings are as follows: Dec. 2, "The Vanishing Virginian" and "Dr. Kildare's Victory" ; Dec. 9, "Johnny Eager" and "Babes on Broadway" ; Dec. 16, "Mr. and Mrs. North" and "The Bugle Sounds." Odeon Year Profit Put at $2,573,148 London, Nov. 20. — The Odeon Cir- cuit has reported gross profit for the year ended June 21, last, of £643,287 (approximately $2,573,148). A total of £79,470 was appointed for ARP and War Damage Act contributions, and _ £96,892 (about $387,568) was carried forward. Canada Circuit Dividend Montreal, Nov. 20. — Confederation Amusements, Ltd., has declared a dividend of $4 payable Dec. 18 to shareholders of record Nov. 29. Olive President of New ITOin Capital Washington, Nov. 20. — Indepen- dent Theatre Owners of the District of Columbia, Inc., is the name of a new organization of local exhibitors. Founded for the purpose of present- ins: a front in tackling problems of municipal regulation, the group has elected Charles Olive as president. Abe Tolkins is vice-president ; Ashley Abendschein, secretary, and Lloyd Wineland, treasurer. Charter members of the ITO in- clude Harry Bachman, Louis Bern- heimer, Frank Storty, Sidney Lust, Ike Notes, Henry Hiser, Abe Licht- man, Samuel Ashman, Fred S. Kogod, E. Lawrence Phillips, Urie Hollings- worth and Don Freeman. Samuel M. Boyd is general counsel. Plans have been drafted for estab- lishment in the near future of a central information bureau, which will be a clearing house on all matters of mutual interest. Hague Resigns Post In Canada Pioneers Toronto, Nov. 20. — Clair Hague yesterday relinquished the presi- dency of the Canadian Picture Pioneers which he has held for the past two years. His resignation was announced at the annual meeting, at- tended by 60 members of the organi- zation. The following directors were elect- ed : Hague, Syd Taube, Arch Laurie, Oscar Hanson, Ray Lewis, Harry Alexander, Leo M. Devaney, Jack Arthur, Ed H. Wells, Ben Cronk and Charles Mavety. The directors will meet next week to elect officers. J. J. Fitzgibbons, head of Famous Players Canadian, and Hon. Earl Lawson were speakers at the meeting. The annual "frolic" of the organiza- tion was cancelled because of the war. U. A. Signs Hecht To Make 'G-String' United Artists has signed Ben Hecht to produce "The G-String Murders" as the first picture under its production arrangement, it was an- nounced. Hecht's contract also calls for him to write and direct the film. The story will be based on Gypsy Rose Lee's murder mystery novel, film rights to which are reportedly owned by David O. Selznick. Urges School Film; For Sex Teachin Philadelphia, Nov. 20. — Extensi use of motion pictures in pub j school to teach children coneernitj love, sex and marriage, was urg by Judge Lois Mary McBride of 1 1 Pittsburgh County Domestic Con in an address yesterday at the anm meeting of the Philadelphia Motk. Picture Forum at the Bellevue-Siei'j ford Hotel. {ft Recognizing the screen as sNP^ in importance only to the printij press, she said the films could be potential force for good as a mea j of education for a better and strong family life, a unit essential for re democracy. While admitting th ; educating adolescents for marriage "a job of the home," she declared th a second-best solution was to use m tion pictures in schools to train your people "to be married and stay ma ried." Charges Films with Laxness She accused the screen of contribu ing to juvenile deliquency, increasii i divorces among young people and fo tering a moral laxness among adole \ cents. At the meeting, attended by mar local exhibitors in addition to tl 500 members of the Forum, Jud^i McBride urged the women to canj paign for better type of films for chi j dren and to "plan the movie liv« of the children." She declared thJ until mothers insist that the screa deliver the proper variety of screa entertainment, the mothers must aj as family film censors, shoppers arl guides for their children. Arthur Beach, editor of the Nf tional Board of Review Magazinl also addressed the meeting, descril ing some of the recent picture r^ leases. Taylor Forms Twinel Company in Canadl Toronto, Nov. 20.— N. A. Taylol general manager of 20th Centut Theatres, has incorporated the ente: prise under company charter ; Twinex Century Theatres Corp. Tl group of 40 theatres, affiliated wit Famous Players Canadian Corp., of erated with partnership and poolin contracts although it had not bee legally formed as a company, it wj stated. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday ai holidays by Quigley Publishing Compan Inc., 1270 Sixth Avenue, Rockefeller Cente New York City. Telephone Circle 7-310 Cable address, "Quigpubco, New York." Ma tin Quigley, Editor-in-Chief and Publishe | Colvin Brown, Vice-President and Gener i Manager ; Watterson R. Rothacker, Vic President; Sam Shain, Editor; Alfred Finestone, Managing Editor; James j! Cron, Advertising Manager; Chicago Burea 624 South Michigan Avenue, C. B. O'Nel Manager; Hollywood Bureau, Postal Unic Life Building, William R. Weaver, Edito Leon Friedman, Manager; London Burea 4 Golden Square, London Wl, Hope Wi liams, Manager, cable address "Quigpubc London." All contents copyrighted 1941 t Quigley Publishing Company, Inc. Othi Quigley publications: Motion Pictu Herald, Better Theatres, Internation Motion Picture Almanac and Fame. E: tered as second class matter, Sept. 23, 1 9 j at the post office at New York, N. Y under the act of March 3, 1879. Subscri tion rates per year $6 in the Americas ai: $12 foreign. Single copies 10c. IS it I ERROL FLYNN . VIA DeHAVILLAND IEY DIED WITH THEIR BOOTS ON" HUR KENNEDY • CHARLEY GRAPE WIN GENE LOCKHART Directed by RAOUL WALSH Iriginol Screen Play by Wally Kline and THEY DIED WITH THEIR BOOTS ON OPENED TO THE BIGGEST THANKSGIVING BUSINESS IN WARNERS' HISTORY! 4 Motion Picture Daily Friday, November 21, 1<> Network Affiliates Organize, Pulliam First President Chicago, Nov. 20. — The Associa- tion of Network Affiliates, Inc., was formed here at a two-day meeting at the Drake Hotel by representatives of nearly 100 independent stations af- filiated with networks. Initial steps were taken to organize a drive against permitting super-power operation by existing clear channel stations in ex- cess of 50,000 watts. The organization holds that an in- crease in power beyond that point would create a monopoly of broad- casting power in the hands of a few, so that the independents would be un- able" properly to serve their communi- ties. A legislative committee was named to handle that and other mat- ters. The organization has pledged itself to cooperate with the FCC. Questions involving Ascap contracts with local stations were clarified. Taft Named Vice-President Eugene C. Pulliam, WIRE, In- dianapolis, was elected president to serve until the first annual meeting in April, probably here. Hulbert Taft, Jr., WKRC, Cincinnati, is vice-presi- dent. The board of directors, to serve until April, includes : Red Net- work affiliates, Ed Craney, KGIR, Butte ; W. J. Scripps, WWJ, Detroit, and Pulliam. Blue Network affiliates, Ronald Woodyard, WING, Dayton ; Luther Hill, KRNT, Des Moines, and E. J. Brennen, KOV, Pittsburgh. CBS affiliates, Hoyt Wooten, WREC, Memphis, John Kennedy, QCHS, Charleston, W. Va., and Edgar Bill, WMBD, Peoria, 111. Mutual affili- ates, Donald Davis, WHB, Kansas City ; Taft, and Leonard Kapner, WCAE, Pittsburgh. Scripps also was elected secretary-treasurer. Canvasmen Named By Cincinnati Club Cincinnati, Nov. 20. — Harris Dudelson, Al Kolitz and Albert Weinstein have been elected canvas- men of the local Variety Club. Re- elected were : Allen S. Moritz, Wil- liam Devaney, Peter Niland, Saul Greenberg, James J. Grady, F. W. Huss, Nat Kaplan and Andrew Nied- enthal. These men, with William Onie, chief barker, Arthur Fruden- feld, Joseph J. Oulahan and Harry J. Wessel, past chief barkers, will serve for the coming year. Moritz and Niedenthal were elected delegates to the national convention, with Onie and Devaney alternates. Moritz also was reelected as national canvasman. Set Promotion Plans On Six U.A. Pictures Hollywood, Nov. 20. — Plans for exploitation and advertising cam- paigns on six forthcoming United Artists films are being made here by U. A. promotion executives, headed by Monroe Greenthal, advertising and publicity director. They will remain here for a week. With Greenthal are Morris Heplrin, Al Margolies and David Weshner. The films are "Shanghai Gesture," "Corsican Brothers," "Twin Beds," "Heliotrope Harry," "Jungle Book" and "To Be or Not to Be." Review "Keep 'Em Flying" (Universal) C CORE another for Bud Abbott and Lou Costello, for Universal, and ^ for the exhibitor. Keyed to the present-day interest in defense and the air corps, brightened with tuneful songs, containing a climax thrill sequence in the air, plus a touch of romance and drama, in addition to the dominating thread of comedy, the film should click at any box-office in the land. This picture takes the comedy pair, Abbott and Costello, into the air via an Army Air Corps training school, as a couple of carnival barkers who join their pal, Dick Foran, stunt flier who enters the air school Romance is offered by Foran and Carol Bruce, stationed at the school as a USO hostess. The Costello comedy is abetted by Martha Rave in the dual role of twin-sister hostesses, and William Gargan and Charles Lang assist in the dramatic development. Arthur Lubin, director, and Glenn Tryon, associate producer, pro- vided an elaborate and effective air corps background and a lively, entertaining pace. Best of the songs are "Let's a Keep 'Em Flying," by Don Raye and Gene de Paul, and "I'm Getting Sentimental Over You," one of several sung effectively by Miss Bruce. Carrying the film, and never out of it for more than a few minutes, Abbott and Cos- tello pile gag on gag and funny situations one on the other to make a laugh fest for any audience which should cause a merry jingle in the theatre's cash register. Running time, 86 minutes. "G."* Charles S. Aaronson *"G" denotes general classification. Camp Openings Set On First USO Shows Eddie Dowling, president, and Lawrence Phillips, executive vice- president of USO-Camp Shows, Inc., have announced the Army camps and Naval stations at which the first eight streamlined shows for the entertain- ment of service men will open. The four opening on Nov. 27, will be : "Funzafire," at the U. S. Marine Base, Quantico, Va. ; "Ada Leonard and Her Ail-American Girl Revue," at Camp Elliott, San Diego ; "Bring on the Girls," Camp Claiborne, Clai- borne, La., and "The Beachcombers of 1942," Fort Lewis, Tacoma, Wash. The four opening on Dec. 3 will be : "Follow the Crowd," at Camp Bark- ley, Abilene, Tex. : "The Laugh Parade," Charleston Navy Yard ; "Thumbs Up," Camp Davis, South Carolina, and "Happy Go Lucky," Fort Bliss, El Paso, Tex. Edward Arnold and Kenneth Thom- son representing the Screen Actors Guild were here conferring on the shows. Rule Stage Acts Not Employes of Theatre Albany, Nov. 20. — In a decision by the Appellate Division of the N. Y. Supreme Court made on a claim for credit under the unemployment In- surance Act by Radio City Music Hall, New York, it has been held that members of vaudeville acts engaged for weekly periods are not employes of the theatre within the meaning of the law and therefore escape the in- surance tax. The court ruled, four-to-one, that "such special acts and the individual performers working in them are held to be independent contractors and the disallowance of the claim for credit for contributions paid on their wages is reversed and the claim for credit is allowed, with costs and disburse- ments to the appellant against the In- dustrial Commissioner." Clearing 'Charley' Title for Canada Toronto, Nov. 20. — Negotiations are in progress here between 20th Century-Fox and Empire-Universal Films for clearance of the film title, "Charley's Aunt," for Canada. Empire-Universal holds a prior right to the title in the Dominion through its release of a British pic- ture of that name. Pending outcome of the negotiations, 20th Century-Fox has not released the picture in Can- ada. Heads Musicians Union Atlantic City, Nov. 20. — Alfonso Porcelli has been reelected president of the local musicians' union for the 10th consecutive term. Peter Russo was elected vice-president and Wil- liam Rinaldi was reelected secretary- treasurer. 20th-Fox Claims Rights to Musical {Continued from page 1) is one of the current hits on Broad- way. Kilroe's letter follows : "We have noticed in the trade pa- pers that you are offering for sale the motion picture rights to the play 'Let's Face It.' "Please be advised that the Twen- tieth Century-Fox Film Corp. owns the world-wide silent, dialogue and talking motion picture rights in and to the play 'The Cradle Snatchers' upon which the play 'Let's Face It' is based. "We respectfully ask you to refrain from offering for sale the motion pic- ture rights which we own." Equity Will Draft Ban on Ism Groups The Actors' Equity council at a meeting next Tuesday will appoint a committee to draft an amendment to the association's constitution which would ban Communists, Nazis, Fascists and their sympathizers from holding office in Equity. Paramount Opens Sales Conference In Chicago Toda} (Continued from pane 1) will be given a trade showing in cor junction with the meeting. Among those who will attend t\ sessions are : district managers W. t Erbb, Boston; M. S. Kusell, Z York; H. H. Goldstein, QevefH E. W. Sweigert, Philadelphia ; ATi$ Usher, Chicago; R. C. LiBeau, Kar sas City; M. A. Brown, Denver; I- W. Braly, Los Angeles ; H. Owei Dallas ; J. F. Kirby, Atlanta, and J. Donohue, Chicago branch manager. In addition to Agnew, Balaban an Zukor, the following home office off cials will be present : Charles M. Res gan, J. J. Unger, G. A. Smith, Osca A. Morgan, C. J. Scollard, G. B. Frawley, Robert M. Gillham, A. Mos F. A. Leroy, H. J. Lorber, A. Dunne, M. R. Goodman, J. Phillipsoi J. Roper and Claude Lee. Del Good man in charge of sales in Canada, an G. C. Parsons of Honolulu, will als be present. Masters Is Head Of Odeon Circui (Continued from page 1) erman, former assistant to Gradwel L. Sears at Warners, will be named l succeed Masters as soon as Sear takes over his new duties Monday a vice-president of United Artists ii charge of domestic distribution. Masters' new posts will be those o president and general manager o Empire-Universal and vice-presiden and general manager of Odeon Cir cuit, which operates 85 Canadian the atres. Both companies are controllei by N. L. Nathanson and Paul Nathan son. Masters has been associated witl United Artists since 1919, and wa Canadian sales manager for the com nany with headquarters in Toront< for many years. He was appoints Western and Canadian sales manage for the company on the resignation o L. J. Schlaifer about a year ago. Disagreement Delays British Fund Sharinc (Continued from page 1) tration with a decision in favor of tin other companies. Loew's served no tice then that it would not agree tc the same formula again, advocating instead a formula based on net earn ings in Britain, rather than billings. The $20,000,000 allowed for remit- tance this year is payable in equa quarterly installments. The firsi $5,000,000 may be remitted aftei Jan. 31. Philco 3rd Quarter Profit Is $733,93i Consolidated earnings of Philcc Corp., excluding its Canadian sub- sidiary, for the third quarter of 1941 amounted to $733,939, after provisior of $1,125,000 for taxes, according tc an announcement by James T. Buck- ley, president. This is equivalent to 53^ cents on' each of 1,372,143 shares of common stock outstanding, as compared to 53 cents in the same period last year. HOW GREEN was «r VAUey T«e RfVOLf kcNTURY W"K-ENO Wcot<"" J J«EE* OH MM««" WATER WARNERS One Foot in Heaven (D) 108 Fredric March Martha Scott (1941-42) Target for Tonight 109 (1941-42) Blues in the Night (D) 110 Priscilla Lane Betty Field (1941-42) The Body Disappears (C) 111 Lynn-Wymam ' (1941-42) Steel Against the Sky (D) 112 Alexis Smith (1941-42) You're in the Army Now (C) 113 Jimmy Durante (1941-42) They Died With Their Boots On (D) Errol Flvnn (1941-42") All Through the Night (D) 116 Bogart-Veidt (1941-421 UNIVERSAL Flying Cadets (D) 6028 Gargan-Lowe (1941-42) Appointment for Love (D) Charles Boyer M. Sullav^n (1941-42) Swing It Soldier (C) Ken Murray F. Lang ford (1941-42) Moonlight in Hawaii (C) Quiet Wedding (C) (1941-42) Keep 'Em Flying (C) Abbott-Costello (1941-42) Sealed Lips (D) William Gargan (1941-42) The Wolf Man (D) Claude Rains (1941-42) melody JLane (C) Road Agent (D) (1941-42) Hellzapoppin' (C) Olscn-Johnson (1941-42) North to the Klondike (D) ^Srod. Crawford m (1941-421 U. A. Sundown (D) All American Co-Ed (C) (Streamliner) (1941-42) Miss Polly (C) (Streamliner) Zasu Pitts (1941-42) Corsican Brothers (D) Fiesta (M) (Streamliner) (1941-42) Hayfoot (C) (Streamliner) Love on the Dole (D) (1941-42) The Gold Rush (Re-Issue) Dudes are Pretty People (C) (Streamliner) (1941-42) Twin Beds (C) Joan Bennett Gcarge Brent (1941-42) 20TH-FOX Moon Over Her Shoulder (C) 215 Lynn Bari Small Town Deb (C) 217 Jane Withers Jane Darwell (1941-42) Hot Spot (D) 216 Grable-Landis Vic Mature (1941-42) Rise and Shine (C) 219 Jack Oakie Geo. Murphy (1941-42) Cadet Girl (D) 220 Marry the Boss' Daughter (C) (1941-42) Swamp Water (D) 218 Huston-Brennan (1941-42) Confirm or Deny (D) 222 Don Ameche Joan Bennett (1941-42) Perfect Snob (C) 223 Lynn Bari Cornel Wilde (1941-42) RKO RADIO Gay Falcon (D) George Sanders 206 (1941-42) Dumbo (Disney Feature) 293 (1941-42) Unexpected Uncle (C) Chas. Coburn Anne Shirley (1941-42) Suspicion (D) 208 Cary Grant Joan Fontaine (1941-42) Look Who's Laughing (C) Edgar Bergen McGee & Molly (1941-42) Mexican Spitfire's Baby (C) Errol-V elez (1941-42) Dude Cowboy (O) 282 Weekend for Three (C) 211 (1941-42) Playmates (C) 212 Kay Kyser Band J. Barrymore (1941-42) REPUBLIC | Gauchos of Eldorado (O) 162 3 Mesquiteers (1941-42) Public Enemies (D) Philip Terry Wendy Barrie (1941-42) The Devil Pays Off (D) /. E. Bromberg (1941-42) Sierra Sue (O) 143 Gene Autry (1941-42) Missouri Outlaw (O) 173 Don Barry (1941-42) Tuxedo Junction (C) The Weavers (1941-42) Red River Valley (O) Roy Rogers (1941-42) The Carter Case (D) James Ellison (1941-42) West of Cimarron (O) 3 Mesquiteers (1941-42) Born to the Saddle (O) Don Barry (1941-42) PRC Billy the Kid Wanted 257 (O) Buster Crabbe (1941-42) Mr. Celebrity 114 (D) Buzzy Henry (1940-41) Lone Rider Fights Back 168 (O) George Houston (1940-41) Miracle Kid 213 (D) Vicki Lester (1941-42) Swamp Woman 230 (D) Ann Corio (1941-42) Billy the Kid's Round-Up (O) 258 (1941-42) Law of the Timber (O) 215 Monte Blue (1941-42) Blonde Comet (D) Robert Kent (1940-41) Texas Man Hunt (O) 251 Bill Boyd (1941-42) Lone Rider and the Bandit Girls' Town (D) 202 PARA. j Henry Aldrich for President (C) 4104 Jimmy Lydon (1941-42) New York Town (D) 4105 F. MacMurray Mary Martin (1941-42) Birth of the Blues (M) 4109 Crosby-Martin (1941-42) Skylark (C) 4107 Colbert-Milland (1941-42) Night of January 16 (D) 4106 Preston-Drew (1941-42) Glamour Boy (C) 4110 Jackie Cooper (1941-42) Among the Living (D) 4108 Albert Dekker (1941-42) MONO. Spooks Run Wild (D) Bela Lugosi (1941-42) Riding the Sunset Trail (O) Tom Keene (1940-41) Siren of the South Seas ( Re-issue) (1941-42) Underground Rustlers (O) Range Busters (1941-42) I Killed That Man (D) Ricardo Cortez (1941-42) Borrowed Hero (D) Lone Star Law Men (O) (1941-42) Riot Squad (D) R. Cromwell (1941-42) Boy of Mine (D) John Boles (1941-42) Forbidden Trails (O) Here Come the Marines (D) (1941-42) Freckles Comes Home (D) Johnny Downs (1941-42) Thunder River Feud (O) Range Busters (1941-42) M-G-M Honky Tonk (D) 204 Married Bachelor (C) 205 Smilin' Through (M) 206 Feminine Touch (C) 207 The Chocolate Soldier (M) 208 Nelson Eddy Rise Stevens Unholy Partners (D) 209 Edw. G. Robinson Edw. Arnold Shadow of the Thin Man (D) 210 Wm. Powell Myrna Loy Two-Faced Woman (C) 211 Garbo-Douglas H. M. Pulham, Esq. (D) Hedy Lamarr Y oung-Hussey Kathleen (D) Shirley Temple Herb. Marshall Design for Scandal (C) Rosalind Russell Walt. Pidgcon Tarzan's Secret Treasure (D) /. Wcissmuller M. O'Sullivan COLUMBIA 1 3 Girls About Town (C) Blondcll-Barncs (1941-42) You Belong to Me (C) B. Stanwyck Henry Fonda (1941-42) The Stork Pays Off (C) 3036 M. Rosenbloom (1941-42) Secrets of the Lone Wolf (D) Warren William (1941-42) The Men in Her Life (D) Loretta Young Conrad Veidt, (1941-42) Go West Young Lady (C) P. Singleton (1941-42) Sing for Your Supper (C) Buddy Rogers (1941-42) 3 Bedtime Story (C) Fredric March Loretta Young (1941-42) Harvard, Here I Come (C) M. Rosenbloom (1941-42) o * o ^ 1" o 2l z • 1^ 1 • & IT) Q & ON P * Q ^ • >-> § ON I #iJa\. November 21, 1941 Motion Picture Daily Blues' Leads !Los Angeles With $30,000 (is Angeles, Nov. 20. — Armistice | crowds swelled total first run mess here to a general 25 per cent Wrease over average. "Birth of the fcfll- was the standout w ith $30,000 ^Jf^-the week at the Paramount. ^Kstimated receipts for the week hiding Nov. 12: •Lydia" (U. A.) •Married Bachelor" (M-G-M) CHINESE- I 2,500) (33c-44c-55c-75c) 7 days. ;ioss: $10,500. (Average: $12.00U) •Sundown" (U. A.) 4 STAR— (900) (44c-55c) 7 days, 4th week. Gross: $5,300. (Average, $3,250). 'Citizen Kane" (RKO) HAWAII— (1,100) (33c-44c-55c-75c) 7 days, Ith week. Gross: $7,300. 'Unfinished Business" (Univ.) 'Lady Scarface" (RKO) iriLI-STREET— (2,700) (33c-44c-55c-75c) 7 I fS. - Business", 2nd week. Gross: $9,000. Average, $6,500) 'Lydia" (U. A.) 'Married Bachelor" (M-G-M) LOEWS STATE— (2,700) (33c-44c-55c-75c) f days. Gross: $14,000. (Average, $14,000) 'Unfinished Business" (Univ.) Lady Scarface" (RKO) PANTAGES— (3,000) (33c-44c-55c-75c) 7 liiys. "Business", 2nd week. Gross: $8,000. < Average. $7,000) "Birth of the Blues" (Para.) PARAMOUNT — (3,595) (33c -44c -55c -75c) 7 ld;iys. Stage: Freddie Martin. Gross: $30,- «0L (Average. $18,000) "You Belong to Me" (Col.) "Nine Lives Are Not Enough" (W. B.) WARNER BROS. (HOLLYWOOD)— '(3.000) (33c-44c-55c-75c) 7 days. Gross: i$: 5.600. (Average. $14,000) "You Belong to Me" (Cel.) "Nine Lives Are Not Enough" (W.B.) WARNER BROS. (DOWNTOWN) - l(.;.40O) (33c -44c -55c -75c) 7 davs. Gross: $15,- 3'0. (Average. $12,000) 'Dawn' Cincinnati Best with $5,800 iji Cincinnati, Nov. 20. — "Hold Back , the Dawn" had a $5,800 second week ;.at the RKO Grand, and "Sergeant N York" grossed $6,000 in its seventh consecutive week at the RKO Capitol at an advanced scale. Estimated receipts for the week ending Nov. 12-15 : "One Foot in Heaven" (W. B.) RKO ALBEE— (3.300) (33c-40c-50c) 7 days, 'iross: $10,300. (Average. $12,000) "Ycu Be'ong to Me" (Col.) RKO PALACE— (2,700) (33c-40c-50c) 7 •iays. Gross: $10,000. (Average. $10,000) "The Night of January 16" (Para.) RKO SHUBERT— (2,500) (33c-44c-60c) 7 ( 'lays. Stage: "Hawaiian Nights". Gross: S12.000. (Average. $12,000) "Sergeant York" (W. B.) RKO CAPITOL— (2.000) (40c-50c-60c) 7 , 'lays. 7th week. Gross: $6,000. (Average. • at 33c-40c-50c. $5,500) ; "Hold Back the Dawn" (Para.) ; RKO GRAND— (1,500) (33c-40c-50c) 7 I lays. 2nd week. Gross: $5,800. (Average. o.OOO) "Law of the Tropics" (W. B.) S'rg Another Chorus" (Univ.) RKO LYRIC— (1.400) (28c-40c) 7 davs. | Gross-: S3.200. (Average. $4,500) The Pittsburgh Kid" (Rep.) •Dangerous Lady" (P.R.C.) RKO FAMILY— (1.000) (15c-28c) '^ross: $1,000. (Average. $1,200) "Two Lrtins from Manhattan" (Col.) "Secrets of the Wasteland" (Para.) RKO FAMILY— (1.000) (15c-28c) liross: $800. (Average. $800) "Ladies in Retirement" (Col.) KEITH'S— (1.500) (33c-40c-50c) 7 Gross: $3,500. (Average. $5,000) 4 davs. da da: 'Letter' to Music Hall "A Letter from Home," short pro- duced by Carol Reed in England, and being distributed by United Artists on a non-profit basis, has been booked into the Radio City - Music Hall, starting Nov. 27. ■ 0 ' - Notes from He )llywood Bollywood, fcov. 20 PARAMOUNT has taken ai| option in the magazine serial, "Dark of the Moon," by MargaJ&:t Bell Houston, a's/.n vehicle for Dorothy Lamour, MacDonHEd Carey and Brian Donlevy. . . . Joan Bennett and Franciiot Tom: will he co-starred* in Columbia's "Highly Irregular," story of a' British pilot grounded in Holland. Written by Gina Kaus and adapted by Miss ECaus and Jay Dratler, the film will be directed by Richard Wallace. . . . Frank Morgan will support Spencer Tracy in M-G-M's "Tortilla Flat." . . . American Magazine, which publishes Clarence Buddington Kelland's "Scattcrgood Baines" ser- ies, will exploit the series of films being made for RKO by Jerrold Brandt's Pyramid Pictures. . . . Paramount has given new writing contracts to Billy Wilder and Theo- dore St. John. . . . Bert Lahr, just finished in RKO's "Sing Your Wor- ries Away," will support Eleanor Powell and Red Skelton in "I'll Take Manila," M-G-M. • • Duncan Renaldo, Akim Tamiroff and Fortunio Bonanova have been east in roles in Paramount's "For Whom the Bell Tolls." . . . Warners has purchased Howard Hill's latest archery short, "With Bow and Arrow- in the Everglades." . . . Richard Whorf, stage player whom Warners has groomed, will play in "Yankee Doodle Dandy." • • Republic has cast Margaret Lindsay in "Woman in the Dark," mystery comedy which Joseph Santley will direct. . . . That studio also assigned Kay McKenzie to play opposite Gene Autry in "Cowboy Serenade." The next picture for Mono- gram to be produced by the King Brothers will be "Unoffi- cially Dead," which gets under way Dec. 1 with Phil Rosen directing from George Bricker's script. • • Kent Taylor and Frances Lang- ford will be teamed in "Mississippi Gambler" which John Rawlins will direct for Universal. . . . Republic has signed Gloria Dickson to do three pictures this season. . . . Robert Siodmak will direct "The Night Be- fore the Divorce," starring Lynn Bari. at 20th Century-Fox. . . . "The Palm Beach Story" '-'ffaA been set as the title for the Ci.Ai'UKrTL Colbert- Joel McCrea vehicle to be directed by Preston Sturges at Paramount. It was formerly known as "Is That Bad?". . . . Preston Foster will be cn-star with Richard Dix in Harry Sherman's "American Empire." • • Jack Hively has been assigned to direct "The Black Curtain" at Para- mount. . . . Monogram has changed the title of Edward Gross' produc- tion 'The Yard Bird" to "Snuffy Smith, the Yard Bird." . . . Margaret Drake, newcomer, gets the feminine lead of RKO's "The Tuttles of Ta- hiti" Islin Auster draws the production reins on RKO's "Chey- enne," which will star Eddie Albert. P.R.C. has set "Texas Manhunt" as the title for the first in its Frontier Marshal western series. • • Edgar Buchanan, dentist- character actor, goes into Col- umbia's "Mr. Twilight." . . . Samuel Goldwyn has signed Arthur Kober to work with Nat Perrin on "Treasure Chest" to star Bob Hope. . . . Irving Starr, New M-G-M producer, has been assigned "Fingers at the Win- dow," "Sunday Punch," and "Once Upon a Thursday." . . . The last is an original by Isabel Lennart and Lee Gold. • • Christine Maclntyre has been set for the feminine lead of Monogram's "Forbidden Trails," next in the "Rough Rider" western series. . . . Republic plans to put 11 pictures be- fore the cameras in the next seven weeks. . . . Charles Grayson, writer, is working on the script of Warners' "Biography of a Bad Man." . . . Ernest Pascal draws the script as- signment on Columbia's "A Young Girl's Fancy." . . . Bobby Connolly, dance director, has had his contract extended at M-G-M. . . . Bruce Manning, Universal producer, has been given the reins on "The Life of Thomas Newsome," on which Felix Jackson will be his associate. 'Foxes' New Haven Winner at $8,200 New Haven, Nov. 20.— "The Little Foxes." dualled with "Nine Lives Are Not Enough" at the Roger Sherman took $8,200. "It Started With Eve" and "Buy Me That Town" took $7,500 at the Paramount. Estimated receipts for the week ending Nov. 13 : "Smilin' Through" (M-G-M) "Tanks a Million" (U. A.) COLLEGE— (1.499) (40c-50c) 7 davs. 2nd week. Gross: $2,400. (Average. $2,700) "The Chocc'ate Soldier" (M-G-M) "Tillie the Toiler" (Col.) LOEW-POLI— (3.040) (49c-50c) 7 days. Gross: $6,500. (Average. $8,000) "It Started With Eve" (Univ.) "Buy Me That Town" (Para.) PARAMOUNT — (2.348) (40c-5Cc) 7 davs. Gross: $7,500. (Avemee. $4,500) "T"-e Little Foxes" (RKO) "Nine L:ves Are Not Enough" (W. B.) ROGER SHERMAN— (2,200) (40c-50c) 7 days. Gross: $8,2C0. (Average, $5,000) 'Town/ Carroll Show Get $15,200, Omaha Omaha, Nov. 20. — The Orpheum's stage-screen bill drew top business, getting $15,200 with "New York Town" and Earl Carroll's show. The weather was clear and cold. Estimated receipts for week ing Nov. 12-13 : "Three Girls About Town" (Col.) "Law of the Tropics" (W. B.) HRANDEIS — (1.200) (30c-44c) 7 Gross: $3,700. (Average, $4,000) "The Feminine Touch" (M-G-M) "Down in San Diego" (M-G-M) ( IMAHA— (2.000) (30c-44c) 7 davs. *6.200. (Average, $6,000) "New York Town" (Para.) ORPHEUM — (3.000) (40c-55c) 7 Stage: Earl Carroll's Vanities. $15,200. (Average. $14,500) "Hcnky Tonk" (M-G-M) "Sundown" (U. A.) PARAMOUNT— (3.000) (30c-44c) 2nd week. Gross: $3,800. (Average, end- Gross days Gross : days, 5,000). 'Wife/ Show Get $22,300, Frisco Lead San. Fr^icisco, Nov. 20. — "Father Takes a Wife," with Duke Ellington's band on the stage, drew $22,300. Estimated receipts for the week ending Nov. 11-14 : "Father Takes a Wife" (RKO) GOLDEN GATE— (2,850) (39c -44c -55c) 7 days. Stage: Duke Ellington. Gross: $22,300. (Average, $15,000) "Appointment for Love" (Univ.) UNITED ARTISTS— (1,200) (35c-40c-50c) 7 davs, 2nd week. Gross: $8,500. (Average, $7,500) "Texas" (Col.) "Two Latins from Manhattan (Col.) ORPHELTM — (2,440) (15c-35c-40c-50c) 7 days. Gross: $13,700. (Average, $8,000.) "International Squadron" (W. B.) "The Smiling Ghost" (W. B.) PARAMOUNT— (2,740) (15c-35c-40c-50c) 7 days. Gross: $9,800. (Average, $11,500) "Nothing But the Truth" (Para.) "Nine Lives Are Not Enough" (W. B.) FOX — (5,000) (15c-35c-40c-50c) 7 days, 2nd week. Gross: $14,000. (Average, $16,000) "Unholy Partners" (M-G-M) "Ice-Capades" (Rep.) ST. FRANCIS— (1,400) (15c-35c-40c-50c) 7 days, 3rd week. (Moveover from Para- mount). Gross: $4,600. (Average, $4,500) "Sergeant York" (W. B.) WARFIELDM2.680) (25c-50c-65c) 7 days, 4th week. Gross: $12,000. (Average, $12,- 000) "La Charrette Fantome" (Foreign) CLAY— (400) (15c-35c-45c) 7 days. Gross: $900. (Average, $1,000) 'York' at $14,200 Providence High Providence, Nov. 20. — In its second week at advanced prices, "Sergeant York" brought the Majestic $14,200. The Strand did $12,000 with "Birth of the Blues" and "Mercy Island." Armistice Day business was brisk. Estimated receipts for the week ending Nov. 12-13 : "It Started With Eve" (Univ.) "Week-End for Three" (RKO) RKO- ALB EE — (2,239) (28c-39c-50c) 7 da-* s. Gross: $11,500. (Average, $6,000) "The Chocolate Soldier" (M-G-M) "Three Girls About Town" (Col.) LOEWS STATE— (3,232) (28c -39c -50c) 7 days. Gross: $11,000. (Average, $11,000) "Sergeant York" (W. B.) MAJESTIC— (2,250) (44c-55c-65c) 7 days, 2nd week. Gross: $14,200. (Average, $7,000) "Birth of the Blues" (Para.) "Mercy Island" (Rep.) STRAND— (2,200) (28c-39c-50c) 7 days. Gross: $12,000. (Average, $6,000) 'Moon Over Her Shoulder" (20th-Fox) FAY'S — (1,800) (20c-33c-44c) 7 days. Stage show: Stanley Twins; Bert Lynn; lohn Fogarty; France and La Pell; Johnny Barnes; Winnie Mae; Max and His Gang. Gross: $5,700. (Average, $5,000) "Gay Vagabond" (Rep.) METROPOLITAN — (3,045) (30c-39c-55c- 75c) 4 days. Stage show: Ted Lewis and Orchestra; George Rogers Dancers; Blair Sisters; Jean Blanche; June Edwards; Louise Glenn; Dorothy Roger; Snowball Whittier. Gross: $7,000. (Average, $5,0C0) "The Eternal Gift" (Lamont) AVON— (519) (28c-39c) 7 days. Gross: $1,200. (Average, $1,000) "The Feminine Touch" (M-G-M) "Unholy Partners" (M-G-M) CARLTON— (1,526) (28c-39c-50c) 7 days, 2nd week. Gross: $2,900. (Average, $3,500) "Citizen Kane" (RKO) (3 days) "Highway West" (W. B.) (3 days) "Belle Starr" (Zftth-Fox) (4 days) "My Life With Caroline" (RKO) (4 days) EMPIRE — (1.200) (20c-28c) 2nd run. Gross: $1,900. (Average, $1,800) Named Arbitration Clerk J. M. Carney has been appointed clerk of the Milwaukee arbitration board by the American Arbitration Association, succeeding JL T. Loell, resigned. After playing "SKYLARK, They sing with beaming pans . . • BRIAN A Paramount Picture with BINNIE BARNES • WALTER ABEL • Mona Bar Ernest Cossart • Grant Mitchell • James Rennie a MARK SANDRICH Production • Screen Play by Allan Scott Adaptation by Z. Myers • Based upon a Play and Novel by Samson Raphaelson ****** *lert, nteWiger r)l r^fispensa to the^rotion Picture Industry MOTION PICTURE DAILY First in 50. NO. 102 NEW YORK, U.S.A., MONDAY, NOVEMBER 24, 1941 TEN CENTS rull Authority To Schaef er in RKO, Report I'olicy and Setup Changes By Board Due Today By ALFRED FINESTONE RKO's board of directors is heduled to meet today for purposes t reorganizing the company's policies and setup under the full author- ity of George J. Schaefer, it is reported. The latter, as presi- dent, is to be offered a new contract. T h e board may be reduced in membership to make it a more workable body. Also, the board will have the opportunity to decide whether to continue the xecutive committee. Some kind of realignment of the •oard's functions and the services of •oard members is expected to result, ince at today's meeting the directors kill be called upon to consider recom- nendations along such lines by a pecially designed committee of di- ectors. May Share Functions The various functions of the board nay be distributed among committees if directors which are to be set up, 't is said. Schaefer is expected to eave for Hollywood following the i neeting. Joseph I. Breen will continue in full "harge of production although some :hanges are expected as a consequence if the director's recommendations which will be made today. Richard C. Patterson, chairman of the board, is expected to figure more prominently in the reorganized setup. X. Peter Rathvon, chairman of the executive committee, may be given a new post. Also, the board may set up its own I policy, operating and finance com- mittees. George J. Schaefer Report McDonough Leaving Hollywood, Nov. 23. — It is re- ported here that James R. McDon- ( ugh, RKO studio executive, is leav- ing the company. $50,000 Check Is Film Contribution to Red Cross Roll Call Washington, Nov. 23.— Will H. Hays, president of the MP PDA, has sent a $50,000 check to the American Red Cross for "war emergency wel- fare work," Norman H. Davis, Red Cross chairman, announced here to- day. The check represents part of the proceeds from the distribution of the film, "Land of Liberty," produced originally as a joint industry venture for the New York and San Francisco world's fairs. It subsequently was generally released with the net pro- ceeds to go to war emergency work. In his letter, Hays asked that the $50,000 be added to the current Red Cross roll call. "Our organization," Hays wrote, "wants to show its ap- preciation of the splendid work which /our organization is doing and there- fore makes this voluntary contribu- tion, hoping it will be of help in con- nection with your current Roll Call." Davis, in accepting, asked Hays to thank the industry for the contribu- tion, and expressed appreciation for the cooperation which the film indus- try always has given the American Red Cross. Bernhard Leaves On Exchange Tour Joseph Bernhard, vice-president and general manager of Warners, left last night on a tour of company exchanges, his first since assuming his new post with the film company. He will be accompanied by Mort Blumenstock, recently named national manager of advertising. 'Unity' Invitations Go Out This Week Chicago, Nov. 23. — Invita- tions to the all-industry con- ference under Allied States' unity plan are scheduled to be sent out this week by the Al- lied committee, it is learned. The invitations will be sent to industry leaders and repre- sentative members of indus- try organizations. The meet- ing will be held here in De- cember. A definite date is expected to be announced early this week. Larger Scope Set for USO Camp Shows By EDWARD GREIF With a considerably enlarged board of directors, the USO-Camp Shows, Inc., on Friday announced the opening of Hollywood offices under the direction of Edward Arnold, Screen Actors Guild presi- dent and vice-president of Camp Shows, in addition to the New York headquarters headed by Eddie Dowling, president. Besides touring shows for the Army and Navy camps, a talent pool has been formed in Hollywood and an- other will shortly be organized here to provide additional, entertainment for the men in service. Eight musical shows and stage comedies are ready for presentation, it was said, four of (Continued on page 6) I A Locals to Get Report on Finances and 2% Assessment 'Night of Stars' to Be Held on Wednesday Scores of screen, radio and stage personalities will assemble at Madison Square Garden Wednesday night to take part in the eighth annual "Night of Stars" show for refugee relief and Palestine resettlement. Marvin Schenck is chairman of the producing committee. Included in the roster of entertain- (Continued on page 6) A financial report showing the status of the IATSE treasury as well as the special fund raised by a two per cent assessment, which previously was under the exclusive control of George E. Browne, former president, will be forwarded to all locals of the union, Richard F. Walsh, president, declared over the weekend. Walsh added that the question of making the report public in advance of the con- vention scheduled for next Summer was being studied. All defense fees for Browne and (Continued on page 6) Connors Will Be Assistant to Sidney R. Kent Nicholas Schenck Grants Executive's Release By SAM SHAIN Sidney R. Kent, president of 20th Century-Fox, is bringing in Tom Connors as his assistant, under a pro- posed long-term deal. This deal, informed sources aver, will not change the operating setup of the company's do- mestic, foreign or theatre de- partments. An- nouncement of the appointment by Kent awaits formal closing of terms, which is expected Tom Connors sometime this week. Connors will be responsible to Kent in his new post, and, it is said, will act for Kent in the latter's absence. Connors is one of the best known ex- ecutives of the industry. He is presently Eastern, Southern and Canadian sales manager of M-G-M. His services are known to have been sought by nearly every other major company, in recent months. His join- ing Kent is looked upon as a tribute to Kent's leadership in the industry. That Kent is bringing Connors in with the prior consent of Nicholas M. Schenck for the release of Connors from M-G-M, is taken for granted by the trade, familiar with Kent's methods of operations. Kent would not have it otherwise. Connors is expected to join Kent after details of his deal are worked out and following the M-G-M sales meeting over the week- end in Chicago, which he will attend. A native of New York City, Con- nors, after attending Commerce High School and Manhattan College, be- came a salesman of cotton goods and steel products. He entered the in- dustry as a salesman for Pathe in New York, later joining Metro. He became assistant branch manager and branch manager for Metro. In 1924 he was appointed assistant general sales manager, in 1925 Southern sales manager, and in 1933 Canadian sales manager. Later he was appointed Southern and Canadian sales chief and in 1935 became Eastern, Southern and Canadian sales manager. Motion Picture Daily Monday, November 24, 194 'Scarf ace' Alright For Chicago Now Chicago, Nov. 23. — After be- ing banned by the Chicago censor board for more than nine years, "Scarface," the United Artists crime pic- ture starring Paul Muni and George Raft, opened at the Woods here late last week. The picture was originally released in April, 1932. Dis- tribution rights are now held by the local Monogram ex- change. Mayor Edward J. Kelly or- dered the issuance of a per- mit for the picture after it was screened for him recently. Basilicato Heads New Haven Union New Haven, Nov. 23. — Local 273 of the operators union, which covers New Haven, Ansonia and Derby, has reelected Anthony Basilicato president for a second term. John Griffiths, Jr., is vice-president, Ernest V. DeGross, secretary, Edward W. Boppert, treas- urer, and Matthew W. Kennedy, business agent for the seventh year. Nicholas Villano heads the finance committee, and A. Nelson Frazier and Frank Perry, in addition to the officers, comprise the executive board. 'Two-Faced Woman9 On Legion's 'C* List The National Legion of Decency has placed "Two-Faced Woman," M-G-M's new Greta Garbo picture, on its "Condemned" list. The Legion gave as the reason for the classifica- tion its belief that the picture is "im- moral and un-Christian in its attitude toward marriage and its obligations ; impudently suggestive scenes, dialogue and situations ; suggestive costumes." Open 'SwampWoman' In Detroit on Friday Producers Releasing Corp. will hold the premiere of "Swamp Woman," starring Ann Corio and Jack LaRue, at the Cinema Theatre, Detroit, on Friday. "Mr. Celebrity," another PRC film, will be on the same bill. Bookers Meet Tonight The N. Y. Bookers Club will meet tonight at the Hotel Lincoln. Harold Klein will preside. BROADWAY PLAYS "GRAND-SCALE SMASH HIT!" — Life Magazine GERTRUDE LAWRENCE In the Musical Play "LADY IN THE DARK" ALVIN, 52 St. W. of B'way— Mats. Wed. & Sat. "A GREAT SHOW — Herald Tribune 50C, $1 & $1.50 NPoLUHS|GTHAEXR 2ND YEAR — 2ND EDITION of the _ Sensational Musical Icetravaganza It happens on ice at America's Only Ice Theatre Center Theatre, Rockefeller Center. CO. 5-5474 Eves, except Mon. Mats., Sun., Thurs. &. Sat. 501 Seats for Every Perf. 50c. EVGS. AT 8:40 Personal Mention GEORGE J. SCHAEFER will leave for the Coast by plane to- night. • Leon Schlesinger, Harry Gold- berg, Harry Mayer and Harold Rodner have left for Pittsburgh to attend the Variety Club's testimonial linner for Harry Kalmine tonight. • Max Factor, former manager of the Pioneer Theatres office in Des Moines, has left for the Coast, fol- lowing his resignation. Mervyn LeRoy and Mrs LeRoy are here from the Coast. DAVID O. SELZNICK is due from White Sulphur Springs, W. Va., tomorrow after spending the weekend there with Mrs. Selznick and Mr. and Mrs. William S. Paley. He plans to leave for the Coast in about a week. • Ben Kalmenson, Warner general sales manager, has returned from a trip to the South and Midwest. • Mrs. Harold Wengler, wife of the publicity representative for Altec Service Corp., left the Fifth Avenue Hospital over the weekend after an appendicitis operation. Deny Muscle Shoals Crescent Affiliation Nashville, Nov. 23. — The Govern- ment's belief that Muscle Shoals Theatres was an affiliate of Crescent Amusement Co. instead of an inde- pendent partnership is the explanation for the inclusion of the small circuit in the Federal anti-trust suit against Crescent and the "Little Three," a brief filed by Muscle Shoals in U. S. District court here late last week asserts. The brief, filed on behalf of Louis Rosenbaum and Nettie Sudekum, part- ners in Muscle Shoals, by W. H. Mitchell, counsel, charges that Max Buchanan, who opened a competing theatre in Athens, Ala., supplied the Government with information concern- Muscle Shoals' alleged relationship to Crescent which led to its inclusion in the action. The brief charges that Buchanan's operation was started solely for its "nuisance" value. "No theory of public welfare can justify bringing Muscle Shoals Thea- tres into this case," the brief asserts. "So far as we are concerned," it adds, "this action was brought by the United States against Muscle Shoals Thea- tres to protect the welfare of one Max Buchanan." Named District Head For Central States Burlington, Ia., Nov. 23. — L. J. Wegener, manager of Central States Palace Theatre here, has been named district manager for this territory with supervision of 10 of the circuit theatres. F. C. Ingram, manager of the Cresco Theatre at Cresco, Iowa, the past year, has been transferred to manage the King Theatre at Albia, Iowa, and Jack Slingless, formerly manager of the Zephyr Theatre at Burlington, will manage the Cresco. MITCHELL MAY, Jr. CO., INC. INSURANCE Specializing in requirements of the Motion Picture Industry 75 Maiden Lane, New York 510 W. 6th St. Los Angeles 'Hot Spot' Reverts To Original Title "Hot Spot," Bette Grable-Victor Mature-Carole Landis film, will be released under its original title, "I Wake Up Screaming," 20th Century- Fox announced Friday. Reportedly as a test, "I Wake Up Screaming" was used in opening the picture at the Wisconsin Theatre in Milwaukee on Thanksgiving Day, and the day's busi- ness, which was big, prompted offi- cials to revert to that title for national release, it was stated. "I Wake Up Screaming" is the title of the Steve Fisher novel on which the film is based. Universal Sets Two S. A. Sales Meetings Joseph H. Seidelman, Universal vice-president and foreign manager, will leave for Rio de Janeiro by plane today to conduct the first of two Latin American sales conventions. C. C. Margon, Latin American su- pervisor for the company, who is now in Brazil, has completed arrange- ments for the Rio convention starting Dec. 5 and a second meeting to be held in Buenos Aires starting Dec. 13. Al Szekler, general manager for the Brazilian territory, will attend, as will all of the company's Latin American representatives. Fray ne Reelected Coast SMPE Head FIollywood, Nov. 23. — J. G. Frayne has been reelected chairman of the Pacific Coast Section of the Society of Motion Picture Engineers, it was an- nounced. Hollis Moyse, John Hilliard and W. Ray Wilkinson were named managers. Charles Handley was re- tained as secretary-treasurer. Goldsmith Due Here Isador Goldsmith, president of Grafton Films, Ltd., London produc- ing company, is scheduled to arrive here from England early next month. He will bring with him a print of "Hatter's Castle," produced from the A. J. Cronin novel. Leaves Morris Agency E. Henry Lewis has resigned from the William Morris Agency's legiti- mate theatre department and plans to enter the film talent field. He will leave for the Coast in about two weeks. October Tax Total Rises to $6,812,27= Washington, Nov. 23. — Federal admission tax collections in Octobe , totaled $6,812,275, an increase o $367,325 over the September revenu of $6,444,950 and $183,845 above th $6,628,430 received in October, 194< it was reported over the weekend b the Internal Revenue Bureau. The month's collections brought^; total for the first 10 months offf year to $65,995,923, compared wxi $29,705,178 in 1940, when the 40-cer exemption was in effect for the fir.' half of the year. A large part of the increase be1 tween September and October wa experienced in the Third New Yor (Broadway) District, where tot; collections increased from $739,831 t $882,332, but the latter figure n mained considerably under the Octc ber, 1940, level of $1,103,233, it bureau announced. There was a general improvemet in conditions along Broadway, it wa indicated, box-office collections ir creasing from $693,586 to $822,460 receipts from tickets sold by broker jumping from $3,964 to $7,107, an revenue from admissions to roof gai dens and cabarets advancing froi $42,281 to $52,451, in addition t which $314 was secured from pei manent use or lease of boxes an seats, from which nothing was re ceived in September. Admission tax collections are du to increase sharply in the bureau November report as a result of th further reduction of the exemption. Associates Nominate Officers Wednesdai Motion Picture Associates wi nominate officers for 1942 at a meet ing Wednesday at the organization club rooms in the Hotel Lincoh, Also a financial report of the MP- annual affair at the Astor last Wed nesday night will be made. Josep J. Lee is MPA president. Dave Fleischer Hurt Albuquerque, Nov. 23. — Da\ Fleischer, director for Fleischer Stt dios, was injured in an automobil accident near Lordsburg, N. M., o Friday. Taken to a nearby hospita he was reported to have suffered tw fractured ribs, in addition to cut and bruises. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday at holidays by Quigley Publishing Compan Inc., 1270 Sixth Avenue, Rockefeller Centc New York City. Telephone Circle 7-310 Cable address, "Quigpubco, New York."_Ma tin Quigley, Editor-in-Chief and Publishe Colvin Brown, Vice-President and Gener Manager; Watterson R. Rothacker, Vic President; Sam Shain, Editor; Alfred F'inestone, Managing Editor; James Cron, Advertising Manager; Chicago Burea 624 South Michigan Avenue, C. B. O'Nei Manager; Hollywood Bureau, Postal Unic Life Building, William R. Weaver, Edito Leon Friedman, Manager; London Burea 4 Golden Square, London Wl, Hope W Hams, Manager, cable address "Quigpubc London." All contents copyrighted 1941 1 Quigley Publishing Company. Inc. Oth Quigley publications: Motion Pictu Herald, Better Theatres, Internation Motion Picture Almanac and Fame. Er tered as second, class matter, Sept. 23, 19.T at the post office at New York. N. V under the act of March 3. 1879. Subscri tion rates per year $6 in the Americas arj $12 foreign. Single copies 10c. "BBS1 To All Exhibitors! The title of the 20th Century-Fox Picture has been changed to n a i * ♦ .-V *• • • ••••• ••••• t2### ••••• •••• • ♦ • •••• ••••• • ••••2 • * • \ • • • • ••• • • • • ••• ••••• ••••• •••• ••• •««« ••••••• %• ••• • • • • ••••• •••• ••••A 2! • ♦ • • • ••••• • • ©• •••••• *2 22 \ #^ r •••• Watch the trade papers for further details THE GREATEST SHOW ON EART P Now in its fifth sensational week on Broadway doing "Snow White" business. Already set as the gala holiday attrac- tion in more than SO key cities coast to coast M HOLIDAY PLAYING TIME! Contact your RKO Exchange immediately Motion picture Daily 6 Ask Civil Suit Be Tried First In Minnesota Minneapolis, Nov. 23. — Dis- tributors' plans to test the validity of the Minnesota anti-block-of-five law by trial of the criminal actions against Paramount, RKO and 20th Century-Fox were complicated at the weekend by the reported insis- tence of James F. Lynch, Ramsey County Attorney, that the civil ac- tions instituted by the five consent- ing companies and United Artists against the law be disposed of first. The distributors regard the criminal actions charging the three companies with violating the state law by selling films contrary to its provisions as a quicker and more definitive means of testing the validity of the statute. The criminal actions have been set for trial Dec. IS, while the civil ac- tions could be reached by the district •court between Dec. 5 and 10, it is said. The equity actions were instituted by the six companies originally to ob- tain an injunction restraining the State from enforcing the law, but their application for a temporary in- junction pending trial was denied. Lynch is said to insist that the civil actions be tried first so that the crim- inal cases may be nolle prossed if the law is held unconstitutional. Appeals will be taken to the Supreme Court in either case, but the distributors believe that an appeal in a criminal action would be heard more quickly. Northwest Allied, sponsor of the law, has asked the court for permis- sion to intervene to defend the statute. Home office legal departments said that while they had not been informed of any opposition to their plan to try the Minnesota criminal actions first, they believed that the failure of their counsel in Minneapolis so to advise them indicated that the opposition was not irreconcilable. The time in which the distributors could take an appeal from the St. Paul court's denial of their application for a temporary injunction against the Minnesota law expired over the week- end without action being taken. Exhibitor Wins in St. Louis Complaint St. Louis, Nov. 23. — An arbitration award in favor of Mrs. Mildred Karch, operator of the Ritz, Rolla, Mo., complainant in a some run case against the five consenting companies, was handed down at the local board by John J. Nangle, arbitrator. The award is the first won by a complain- ing exhibitor in the six cases heard here. Chicago, Nov. 23. — The clearance complaint of the G. C. S. Circuit, op- erating the Portage here, against the five consenting companies, was dis- missed at the local arbitration board Friday by agreement of all parties. The withdrawal followed the deal last week by which Balaban & Katz will take over G. C. S.'s Portage, Drake and Admiral. Hi Gang' Is Called Effervescent Film London, Nov. 23. — The Gainsborough production, "Hi Gang," previewed here at the Shepherd's Bush Pavilion, is an inspired film which scored a preview bullseye. The BBC program stars, Bebe Daniels, Ben Lyon and Vic Oliver, are seen in an effervescent com- edy devised around the rivalry between Miss Daniels and Lyon and American broad- casting companies. The effec- tive setting is chiefly in the U. S. The performances are packed with vitality, and there is excellent use of comedy and music. A BBC show is the climax. Apparently certain of box-office success here, the film also should do well in the U. S. market. Maurice Ostrer and Ted Black produced. Flanagan 'Purchase' Will Be Offered Separately Chicago, Nov. 23. — Paramount will sell "Louisiana Purchase" separately, it was announced here yesterday at the company's sales meeting at the Drake Hotel. National release will be Dec. 25 to obtain holiday playing time, with the exception of Chicago, St. Louis, Boston, Philadelphia and De- troit, where the stage show is booked. Paramount will not ask exhibitors to raise admissions on the picture, it was stated, but will reportedly insist on preferred playing time after key runs. The picture will be given a newspaper and magazine campaign on which about $100,000 will be spent, it was stated. The meeting was told that exchanges will use 350 prints on the film, 100 more than the usual number for the United States. The number is the same as used for "Northwest Mounted Police." Neil F. Agnew, general sales man- ager, presided at the meeting, which ended yesterday following discussion of the company's third block-of-five and matters pertaining to consent de- cree selling. 'Night of Stars' to Be Held on Wednesday (Continued from page 1) ers is Mayor F. H. LaGuardia, whose chore for evening will be leading an orchestra composed of outstanding band leaders. Also slated to appear are the Music Hall Rockettes, the Roxy's Gae Foster Girls, and the stars of five Broadway musical^. Also on the program are an international news roundup, a skit featuring Groucho Marx and Gloria Stuart, the Hollywood "Sweater Girl Revue," Ralph Edwards of the "Truth and Consequences" radio program, Fred Waring with his orchestra and glee club, and others. 20th-Fox Party Today Twentieth Century-Fox will hold a preview of Mark Hellinger's film, "Rise and Shine" this afternoon at Toots Shor's Restaurant, in conjunc- tion with a cocktail party. Griffis Acquisition Of Para. Stock Is Reported by SEC Washington, Nov. 23. — Acquisi- tion by Stanton Griffis, chairman of the executive committee of Para- mount Pictures, of 1,000 shares of that company's common stock in September is reported in the final summary for that month by the Securities and Exchange Commission. The SEC report showed also that Griffis made an exchange of 1,000 shares of Paramount second pre- ferred stock for 900 shares of com- mon, and that Maurice Newton, director, exchanged 2,810 shares of the second preferred for 2,529 shares of common. At the close of Septem- ber, it was reported, Newton held 10,647 shares of common stock and Griffis 7,500 shares direct and 22,900 shares through four trusts. The only other September transac- tion reported was the sale of 200 shares of General Theatres Equip- ment capital stock by R. B. Larue, leaving him with 400 shares. Locals to Get I A Financial Report {Continued from page 1) William Bioff were paid by Browne under special by-laws passed at the 1940 convention, Walsh said. Noth- ing further has been paid since Browne resigned, Walsh asserted. Bioff has filed an election to start serving his sentence, it was learned, although Browne is still insisting on his right to remain at the Federal House of Detention pending determi- nation of his appeal. Time spent at the House of Detention is not credited to the sentence. However, if a pris- oner elects to do so, he may be trans- ferred to a Federal penitentiary where he receives credit for time spent if the conviction is ultimately upheld. Televise Title Basketball The 20th Century-Fox studio bas- ketball team, winner of the 1941 A.A.U. championship, will meet the Philips 66 team, winner of the 1940 title, in a championship game for the Golden Jubilee cup at Madison Square Garden tonight. The game will be televised by NBC and the final 15 minutes of the play will be broadcast by CBS. WNEW Changeover Dec. 1 Changeover of wave lengths and power between WNEW and WOV will take place Dec. 1, it was an- nounced over the weekend. Both sta- tions will retain their present studios and officers, it was said. Rites for Exhibitor Grapevine, Texas, Nov. 23. — Fu- neral services were held here for J. K. Buckner, 44, owner of the Palace here, and vice-president of Tarrant County National Bank. His wife, two sons, and a sister survive. Buehrig in Cleveland Cleveland, Nov. 23. — Adolph Buehrig, Jr., formerly manager of Loew's theatres abroad, is the new manager of Loew's State here, suc- ceeding Chick Evens. Monday, November 24, 194 Larger Scope Set for USO Camp Shows (Continued from page \) which will open Thursday. Approxil mately $850,000 has been made avail 9 able by the USO for the Camp Sho^i, I program. 9 Present funds will allow for 11' * I 14 road companies but efforts are be] ing made to provide 20 or 25 suclj shows. Special programs arrangecj outside the regular schedules will cos I little as featured players in the talen I pool will donate their services. Al| unions involved have agreed to lowel their minimum scales from 15 to 3j per cent, it was said. Lastfogel, Doob Aides Oscar Doob, publicity and advertis | ing head for Loew's Theatres, wil handle national publicity. Abe Last fogel, representing the Artists Man agers Guild of Hollywood, will tak I an unsalaried but active post as assisj tant to Dowling. Morgan Wallao will be assistant to Arnold. In recognition of the unions i accepting lower minimums, I Camp Shows has promised con- ' tinuity of employment. Three j package shows have been pur- J chased at average prices of | $2,200-$2,300 a week it was said. | New members appointed to th | board were Arnold ; Lawrence Tib j bett, American Guild of Musical Art ists president ; George Schaefer, RK( president ; Morton Downey, America | Guild of Variety Artists president Mark Woods, NBC treasurer ; Charle Koerner, RO Theatres general man ager ; Joseph Hazen, Warner attor ney ; Henry Jaffe, union lawyer ; Em] ily Holt, American Federation o Radio Artists executive secretary Emil Friedlander, theatrical cos! turner; Lawrence W. Lowman, CB! vice-president ; Brock Pembertor theatrical producer, and Edwar Johnson, Metropolitan Opera genera manager. Others on Board Other members of the board ar Dowling ; Frank Gillmore, Associate Actors and Artistes of America presi dent ; Lastfogel ; Harper Sibley, US( president; Walter Hoving, US( chairman of the board ; Bert Lytel Actors Equity president ; Lee Shuber theatrical producer ; Y. Frank Free man, Paramount vice-president i charge of production and Association of M. P. Producers president; Gar ence Michalis, Seaman's Bank, an; Lawrence Phillips, Camp Shows eN ecutive vice-president. Theatres Give USO Largest Contribution Motion picture theatres accounte for the largest single contribution t the United Service Organization' drive, Thomas E. Dewey, nations drive chairman, revealed in a lette to Joseph Bernhard, chairman of th theatre drive committee. Acknowledging receipt of the the atre's drive check for $943,684, Dewe wrote : "This is a grand result The committee rendered a very gres service both to the LISO and, f be lieve, the nation." "US** V>9 r^ear ^ t I'm o5 otv« co^e it w T \t6 at* ^ar?^ 9eve* 3\>SS de is tW^V^' allege 10 OTVS be NisYveS, Do you rely entirely on one method of advertising? If you do, DON'T! You'll never hit the high-spots unless you hit hard everywhere. Lots of people out for a walk will "go for" a good: poster display or a dramatic 24-sheet. Lots of peo- ple out for a stroll look in windows. Lots of people ambling along are attracted by bright lights and colorful display. Don't put all your advertising eggs in one basket ! Spread them around. Yell your head off with good readable, colorful, peppy posters, banners, flyers! snipes, novelties, displays. Use your head. It will show on the BLACK side ir your box office. Rfi fififlTfi ™*h nn™onnigQ(%em SERVICE lispensabl the Motion 'icture Industry MOTION PICTURE DAILY First in and Impartial II.. 50. NO. 103 NEW YORK. U.S.A.. TUESDAY, NOVEMBER 25, 1941 TEN CENTS Skylark' and [Havana9 Big; B Vay Strong \fudents' Holiday Helps Maintain Pace A ith a school holiday Friday, oadway generally had a weekend of grosses, while the income at jr first runs, the Music Hall, Para- bunt, Roxy and the Strand. main- Bed the pace set Thursday, Thanks- zing Day. when all box-offices ex- rienced a boom. "Skylark" with Harry James' or- k>-tra and Ray Bolger brought the [aramount an estimated $27,000 Sat- iday and Sunday. The first week lich ends tonight will be good for an timated $66,000, it is expected. Columbia's "You Belong to Me" will n at the Roxy Friday following the ^ree-week run of "Week-End in avana." The latter with a stage Bw did an estimated $24,400 Friday Tough Sunday. Suspicion" with a stage presenta- on at the Radio City Music Hall an unusually high mark estimated (Continued on page 6) ^egion Cites Gain in )bjectionable Films The National Legion of Decency esterday issued a statement pointing [j> a decrease in the number of films .assified as unobjectionable for gen- ral patronage during the past five "fears, and an increase in those rated bjectionable in part. The statement jollows : "During the period from February. ,036, to November. 1941, there has ieen a decrease of approximately 10 er cent in the number of films classi- *ed by the Legion of Decency as un- bjectionable for general patronage. )ver the same period, there has been (Continued on page 6) Vo Successor as Yet To Connors at M-G-M Hollywood, Nov. 24. — William F. dodgers, Loew's vice-president and general sales manager, said today he las "nothing to announce at the mo- ment" concerning a successor to T. J. ..onnors, who is resigning his post of lastern, Southern and Canadian sales manager for Loew's to become as- sistant to Sidney R. Kent, 20th Cen- ury-Fox president. Rodgers and Nicholas M. Schenck irrived today for studio conferences mi new product and release dates. Decision Today on Leserman to U.A. As Sales Manager A decision whether Carl Leserman will join United Artists is expected to be made today. Should he join the company he will be general sales man- ager under Gradwell L. Sears, vice- president in charge of distribution. A decision regarding Leserman has been in abeyance pending his deter- mination whether he would associate with another company. It appeared, however, that he would yield to Sears' wishes. Leserman formerly was as- sistant to Sears when the latter was general sales manager of Warners. Whether Charles Stern, Chicago district manager for U. A., will be appointed Western and Canadian sales manager to succeed Haskell Masters is as yet undetermined. Stern arrived yesterday from Chicago. Cresson E. Smith, Western division manager for RKO, resigned yesterday to become associated with United Art- ists in a new sales post under Sears. David Gricsdorf, United Artists branch manager at Los Angeles, has resigned and will become associated (Continued on page 6) Exempt Radio Time From Price Measure Washington, Nov. 24. — Spe- cific exemptions of radio time, newspapers and periodicals is contained in the corporation licensing provision restored to the price control bill today by the House Banking Commit- tee. The exemption is seen as strengthening the Adminis- tration intent not to make price controls applicable to advertising. Otherwise, the bill permits the Government to place virtually every busi- ness under a rigid licensing system to enforce price con- trols. Foreign Department Managers to S. A. Arthur M. Loew, vice-president of Loew's in charge of foreign activities, left yesterday for South America. He departed by train for Miami, where he will take the clipper. Joseph H. Seidelman. Universal vice-president and export manager, left for Rio de Janeiro yesterday by plane to preside at sales meetings there and in Buenos Aires. George Weltner, assistant foreign department of manager of Paramount, has been in South America for about two weeks. RKO Realignment Reported to Board A committee of the RKO board of directors reported to the full board yesterday on the proposed reorganiza- tion of the company's policies and setup under the full authority of George J. Schaefer, president. No action is reported to have been taken by the board and the matter remains in status quo until Friday, Dec. 5, when the board is scheduled to meet again. Schaefer left last night for the Coast. It is reported that certain changes are to be made in the studio's executive personnel, under Joseph I. Breen. It is said that the committee's re- port called not only for realignment of the board's functions and services of members, but included recommen- dations regarding a reduction in the number of directors. The report also is said to contemplate dissolution of the executive committee. Monogram Product Now Available for Television Milstein to Reveal New Affiliation Soon J. J. Milstein, formerly personal representative for Edward Small and David Loew, United Artists producers, has returned from the Coast. Except to state that he is considering a couple of propositions, he said that he has no immediate plans. He said that he expects to announce a new affilia- tion in the near future. First of the national distribution com- panies to make its product available to television is Monogram, it was learned vesterday, which has made a deal with NBC for its 1937-'38 product and will continue with its more recent pictures. A number of Monogram films already have been screened by WNBT, the NBC television station here. Until recently, NBC has had to rely exclusively on independent product and old films which were distributed by one of the national distributors but (Continued on page 8) Metro Forum, ITO Meeting In Ohio Today Theatre Clinic Highlights Columbus Session Columbus, O., Nov. 24. — The ninth annual convention of the ITO of Ohio will get under way at the Deshler Wallick Hotel here tomor- row, and at the same hotel in con- junction with the ITO meeting- will be held the first M-G-M Exhibitor Forum, designed to assist smaller exhibitors, particularly, in increas- ing theatre patronage. Advance registration for the two-day ITO convention indi- cates a large exhibitor attend- ance representing about 500 houses in Ohio. Exhibitors at- tending will be the guests of M-G-M at luncheon tomorrow. The ITO banquet will be held to- night, with Martin G. Smith, presi- dent, presiding, and P. J. Wood, sec- retary, as toastmaster. Carol Bruce, Universal player, will be guest of honor. Abram F. Myers, general counsel of national Allied, will be the chief speaker, and state officials are (Continued on page 6) 700 at Pittsburgh Dinner for Kalmine Pittsburgh, Nov. 24. — About 700 persons attended the testimonial din- ner here tonight to Harry Kalmine, Warner theatres executive and former zone manager for the circuit here, at the William Penn Hotel. John Harris, national chief barker of the Variety Clubs, presented the guest of honor with a check for $3,500. net proceeds of the dinner, to be used to build a Kalmine recreation hall at Camp O'Connell for under-privileged boys, and a diorama of the camp as a (Continued on page 6) Allied Unity Meet On Dec. 9, Report Des Moines, Nov. 24. — The all- industry conference sponsored by Al- lied States has been called for Dec. 9 at the Blackstone Hotel in Chicago, it was reported here at the convention of Allied Independent Theatre Own- ers of Iowa and Nebraska. The convention opened with a luncheon at the Savery Hotel attended by 125 exhibitors, film men and cir- (Continued on page 6) 2 Motion Picture Daily Tuesday, November 25, 19*: Approve Sunday Films in N.C. Town Salisbury, N. C, Nov. 24.— The City Council here has unanimously approved Sun- day films, with theatre opera- tion from 1:45 to 6 P.M., and from 8:45 to midnight. The clergy had protested the Sun- day plan. During the recent war maneuvers in this area, local houses were permitted to open on Sunday. Browne Elects to Start Prison Term George E. Browne has followed the lead of William Bioff and has filed an election to start service of his sentence at once, it was learned yes- terday. Bioff filed his election last week. Unless such an election is filed, the prisoners are kept at the Federal House of Detention here until final determination of their appeals, but get no credit for time spent. Neither Bioff nor Browne is expected to be transferred to the penitentiary for about two weeks, it was said yester- day, as they are being examined by the U. S. Attorney's office concerning their financial ability to pay the $20,- 000 fine imposed on each. NEW YORK THEATRES RADIO CITY MUSIC HALL 50th St. & 6th Ave. CARY GRANT . JOAN FONTAINE "SUSPICION" An RKO-RADIO Picture ON THE GREAT STAGE: "NICE GOING" — Leonidoff's gay spectacular revue. Symphony Orchestra under the direction of Erno Rapee. 1st Mezzanine Seats Reserved Circle 6-4600 CLAUDETTE COLBERT RAY MILLAND BRIAN AHERNE in Paramount': SKYLARK IN PERSON HARRY JAMES AND BAND Extra: RAY BOLGER PARAMOUNT Times Square CARMEN CESAR ALICE JOHN Ml RAND A- ROMERO - F AYE - PAYNE WEEK END in HAVANA PLUS A BIG Dirt W 7th Ave. STAGE SHOW R WA I & 50th St. B'WAY & 47th St. PALACE GARY COOPER "SERGEANT YORK" Joan Leslie — Walter Brennan 20th Century-Fox presents "HOW GREEN WAS MY VALLEY" United Bill Al I Broadway Artists KIV ULI at 49th St. Continuous Pop. Prices. Midnight Shows Personal Mention BARNEY BALABAN and Stan- ton Griffis have arrived on the Coast for a two weeks visit at the Paramount studio. • Samuel Goldwyn, delayed in his departure from the Coast last weekend now is scheduled to arrive in New York Thursday. • David Rose, Paramount managing director for Great Britain, is in Lis- bon awaiting a plane to New York. • Max Milder, Warners managing director for Great Britain, is scheduled to leave London early next month for New York. • Larry O'Toole, Paramount man- ager in Panama, arrived here yester- day. • A. A. Schubart of RKO left for Detroit last night. • Vincent R. McFaul, president of Buffalo Theatres, Inc., has been elect- ed a director of the Liberty Bank of Buffalo. ARMANDO, head of the art de- partment of the Buchanan adver- tising agency, received his final citi- zenship papers yesterday. • Arthur W. Kelly, United Artists vice-president and finance committee chairman, plans to leave for the Coast at the end of the week. • Will H. Hays arrived on the Coast yesterday. • Monroe Greenthal, David E. Weshner, A. Margolies and Mor- ris Helprin arrived from the Coast yesterday. • Stanley Chase, Paramount spe- cial representative in Mexico City, ar- rived by plane yesterday. He will return to Mexico City about Dec. 10. • Frank Grill, former assistant man- ager of the Astor, Reading, Pa., has been inducted into the Army. • Joseph Martello, assistant man- ager of the Saenger in New Orleans, has been called to the Army. Ampa Will Honor Harris, O'Donnell John H. Harris of Pittsburgh, na- tional chief barker of the Variety Clubs of America, and R. J. O'Don- nell of Dallas, national assistant chief barker, have been invited to be guests of honor at an Ampa meeting here Dec. 11, it is reported. S.P.G. Talks With Majors Broken Off Negotiations between the Screen Publicists Guild and home office pub- licity departments have been broken off, the S. P. G. announced yesterday. "The S. P. G. will now take appro- priate action on all public and labor fronts," the announcement stated. 5 SERVICES DAILY VIA SOUTHERN SUNSHINE ROUTE TO Los Angeles 11:20 pin 8:52 am 4:02 pro 6:30 am 4:58 pm 1:26 am m ■ • counwr snow * ^ssi Terminal, <** ,^^^^^0^^^^^^^ AMERICAN AIRLINES 4*c ROUTE OF THE FLAGSHIPS High Court Refuse! Nick, Weston Review Washington, Nov. 24. — Refusirj to upset a verdict of the lower Fe eral courts, the U. S. Supreme Cou?| today refused to review the convin tions of John P. Nick, internation I vice-president, and Clyde A. Westo business manager, of the St. Lou IATSE, found guilty of racketeerir and sentenced to five years' imprisoi ment and $10,000 fine. ( Nick and Weston were charged wl i having taken over the St. Louis loc'j and with asking the exhibitors of th city for new contracts at what til Government described as "ruinotj wages." They settled for much low wage rates and, it was charged, a sured the exhibitors there would 1 no trouble if they paid off. They we charged with asking for $10,000 pi house, but the Government brief cit< a "payoff" of $6,500 in one case, whit was made through a third party. The appeal of the two unionists w; based on a challenge of the constit tionality of the anti-racketeering la and contentions that hearsay testimot \ was accepted by the court. The t\» men contended that their activiti- had never interfered with the distr bution of films. Hellinger Picture Shown for Pres An attendance of about 125, inclu ing newspapermen, sports editors ai sports celebrities, attended a screenii of "Rise and Shine," 20th Centur Fox football picture, at Toots Shoi Restaurant yesterday afternoon, reception for Mark Hellinger, pr ducer of the film, and Don Amecl and Linda Darnell was held followii the showing. Among those present were Gran land Rice, Bill Corum, Jack La Felix Jenkins, Harvey Day, Sr., Wi liam Clark, A. M. Botsford, To. Wenning, Gradwell Sears, Glad; Glad, Joe Di Maggio, Hank Dai ning, Jack Alicoate, Richard Vidme Jimmy Powers, Bob Considine, Dd Parker, Burris Jenkins, Joseph Co nolly, William Boehnel, Harry Hers field, Lou Little, Frank Sulliva Clem McCarthy, Ted Husing, Jol Lardner, Danton Walker, Jack Siche man, Irving Kahn, Earl Wingart, Ir ing Maas, Jack Bloom, Joe Shea, B< Higgins and Ramos Cobian. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday holidays by Quigley Publishing Compai Inc., 1270 Sixth Avenue, Rockefeller Cent New York City. Telephone Circle 7-3K Cable address, "Quigpubco, New York." M tin Quigley, Editor-in-Chief and Publish* Colvin Brown, Vice-President and Gene Manager; Watterson R. Rothacker, Vi President; Sara Shain, Editor; Alfred Finestone, Managing Editor; James Cron, Advertising Manager; Chicago Bure 624 South Michigan Avenue, C. B. O'Ne Manager; Hollywood Bureau, Postal Uni Life Building, William R. Weaver, Editt Leon Friedman, Manager; London Bure; 4 Golden Square, London Wl, Hope W Hams, Manager, cable address "Quigpub London." All contents copyrighted 1941 Quigley Publishing Company, Inc. Otl Quigley publications: Motion Picti Herald, Better Theatres, Tnternatioi Motion Picture Almanac and Fame, tered as second class matter, Sept. 23, 19j at the post office at New York, N. 1 under the act of March 3. 1879. Subscn tion rates per year $6 in the Americas aj $12 foreign. Single copies 10c. 4 Motion Picture Daily Tuesday, November 25, 19 Notes from Hollywood Twentieth Century-Fox pur- chased the novel, "My Friend, Flicka," by Mary O'Hara, for a possible Roddy McDowell ve- hicle. M-B-M bought "Journey for Margaret," story of a Lon- don child evacuee by W. L. White, foreign correspondent and son of William Allen White. It is thought that Robert Young might have the male lead. • • Universal gave Patric Knowl.es, late of the Royal Canadian Air Force, a term contract. He's now working in "The Wolf Man," formerly titled "Destiny." . . . Maureen O'Hara will play opposite Thomas Mitchell in RKO's "One Hour of Glory," Mary Roberts Rinehart story which that studio obtained from Warners. . . . Dorothy Lovett, the feminine lead of the abandoned "Dr. Christian" series, has been given the lead of "Powder Town" at RKO. Joan Leslie, the feminine lead of "Sergeant York," draws the lead opposite James Cag- ney in "Yankee Doodle Dandy," at Hollywood, Nov. 24 JN the production news of Hollywood stars and featured players were cast, directors assigned, writers given assignments and stories pur- chased. George Montgomery, being rushed to prominence at 20th Cen- tury-Fox, will be given star billing in "Ten Gentlemen from West Point." John Howard was set for "That Certain Lady" opposite Mar- caret Lindsay at Republic. Look- ing into the 1942-'43 season, RKO signed Tim Holt to do six more westerns, first of which will be shot in March. He has finished three of the current year's program. At the same time, that studio also made a deal with 20th Century-Fox for the services of George Sanders, to insure his appearance in the "Falcon" de- tective stories next year. Warners. In that picture, too, will be- Irene Manning, light opera and concert star recently signed. • • Leon Schlesinger's Merrie Melodies and Looney Tunes cartoon workers are working on a short featuring Bugs Bun- ny singing "Any Bonds Today?" which will be given to the U. S. Treasury Department for use in the defense savings drive. • • Howard Estabrook has been signed by Warners to adapt the best seller, "Country Lawyer," by Bellamy Partridge. . . . Veda Ann Borg and Frank Jenks join the cast of Colum- bia's "Martin Eden." Evangeline Russell Blackton, widow of J. Stuart Blackton, industry pioneer, makes a comeback in Paramount's "Out of the Frying Pan." Rudy Vallee will have a character role in "The Palm Beach Story," Preston Sturges picture starring Claudette Colbert and Joel McCrea. • • Monog ram has 11 pictures com- pleted ahead of schedule and await- ing release dates. Four more pro- ductions will be completed before Christmas, making a total of 16 fea- tures and nine westerns. . . . Tommy Dorsey and his band have been set for M-G-M's "I'll Take Manila." . . . Warners has changed the title of "The Night Before Christmas" to "Larceny, Inc." Title of "Doan of the U. S. A.," once known as "Steel Cavalry," is now "The Bugle Sounds." Studios Start 10 New Films; 44 Shooting Hollywood, Nov. 24. — Forty-four pictures were before the cameras this week as 10 started and eight finished. Twenty-six are being prepared, and 76 are being edited. Paramount started five during the week, making a total of eight in work on that lot. The tally by studio : Columbia Finished : "The Man Who Re- turned to Life," "Lawless Plains- men." In Work : "Martin Eden," "Shut My Big Mouth." Started: "Trinidad." M-G-M Finished: "China Caravan." In Work : "Out of the Past," "I'll Take Manila," "Rio Rita," "Mrs. Miniver," "Born to Sing," "I Mar- ried an Angel," "We Were Dancing." Monogram Finished : "Snuffy Smith, the Yard Bird." Started : "Forbidden Trail." Paramount Started : "Holiday Inn," "Mr. and Mrs. Cugat," "My Favorite Blonde," "American Empire," "I Live on Danger." In Work : "Out of the Frying Pan," "This Gun for Hire," "True to the Army." RKO Finished : "Valley of the Sun." In Work : "Syncopation," "The Magnificent Ambersons," "The Tut- tles of Tahiti," "The Falcon Takes Over," "The Mayor of 44th Street." Republic Finished : "Lady for a Night." Roach (U. A.) In Work : "Brooklyn Orchid." 20th Century-Fox Finished : "On the Sunny Side," "Son of Fury." In Work : "Tales of Manhattan," "To the Shores of Tripoli," "A Gentleman at Heart," "You Can't Always Tell," "Song of the Islands," "Roxie Hart." Universal In Work : "Mississippi Gambler," "The Wolf Man," "Temporary 1»ride." Started: "Tough As They Come." Warners hi Work : "In This Our Life," jke Girl," "Always in My Heart," Arsenic and Old Lace," "Larceny, Inc." (formerly "The Night Before Christmas") . Mirror's' Medal to Flynn on Thursday The Sunday Mirror Magazine's rao- jon picture medal of merit, won by Errol Flynn in a popularity contest sponsored by the publication, will be presented to the actor by Lee Morti- mer, Mirror film critic, on the stage of the Strand Thursday evening. Bette Davis, who won the top hon- ors in the feminine division of the contest, will be awarded a medal later this month in a Coast ceremony. St. Louis Grosses Are Generally Off St. Louis, Nov. 24. — Grosses fell off here, principally due to competi- tion offered by "Hellzapoppin" at the American. "Hot Spot" was the only film to do better than average. Estimated receipts for the week ending Nov. 19 : "International Lady" (U.A.) "Married Bachelor" (M-G-M) LOEWS— (3,162) (30c-40c-44c-56c) 7 days. Gross: $11,500. (Average, $13,000). "You Belong To Me" (Col.) "Mexican Spitfire" (RICO) AMBASSADOR— (3,018) (30e-40c-50c) 7 days. Gross: $9,500. (Average, $11,500). "Maltese Falcon" (W.B.) "International Squadron" (W.B.) MISSOURI— (3,514) (30c-40c-50c) 7 days. Gross: $3,800. (Average, $4,000) "Hot Spot" (ZOth-Fox) "Never Give A Sucker An Even Break" (Univ.) FOX— (5,039) (30c-40c-50c) 7 days. Gross: $11,500. (Average, $11,000). "Week-End in Havana" (20th-Fox) "Yank in the R. A. F." (ZOth-Fox) ST. LOUIS— (4,000) (25c-35c) 7 days. Gross: $2,200. (Average, $2,600). Heenan Rites Today Philadelphia, Nov. 24— Funeral services will be held here tomorow for William J. Heenan, 58, Para- mount salesman, who died last Thurs- day in Jefferson Hospital following an operation. He is survived by his widow, Nellie ; a daughter and a son. 'SkylarV at $13,000 Is Baltimore Winner Baltimore, Nov. 24.— "Skylark" did well with $13,000 for a second week at Keith's. "Sergeant York" took $17,500 in the fifth week at the Stanley. Estimated receipts for the week ending Nov. 19 : "The Chocolate Soldier" (M-G-M) CENTURY— (3,000) (28c-44c) 7 days. Gross: $11,000. (Average, $10,000) "Skylark" (Para.) KEITH'S— (2,406) (15c-28c-33c-44c) 7 days, 2nd week. Gross: $13,000. (Average, $9,000) "Great Guns" (ZOth-Fox) NEW— (1,581) (15c-28c-35c-55c) 9 days. Gross: $8,500. (Average, $7,000) "Sergeant York" (W.B.) STANLEY— (3,280) (40c-44c-55c-66c) 7 days, 5th week. Gross: $17,500. (Average, $12,000) "Texas" (Col.) HIPPODROME-(2,205) (15c-28c-39c-44c- 55c-66c) 7 days. Stage show featuring Charles Barnett & Orchestra. Gross: $17,- 000. (Average, $14,000) Allen Takes Four Canadian Houses Ottawa, Nov. 24.— Four theatres operated by the O'Brien Ottawa Valley Circuit have been purchased by Raymond Allen of Toronto. The transaction is one of the largest deals in Eastern Canada in some time. The theatres concerned in the sale are located in Renfrew, Arnprior, Amonte and Pembroke. Short Subjec Reviews 1 "Main Street, U.S.A." (March of Time) (RKO) This latest subject in the March Time series centers its attention Manchester, N. H., taken as a typi American small town, to picture i effect of the war's impress upon ' United States. Lacking something the dramatic movement characters of many of the series, it nonethel offers a significant and timely thet Forceful and effective is the device picturing what life under Hitk new order would be like in M;j Chester, N. H., by showing sto troopers in action, censorship, ratii ing, racial discrimination, concent tion camps and mass executions in American setting. The contrast w the American way of life is sha and tells its own story The reel 1! an essential value in pointing up jj necessity of an unflinching defense fort by the whole country, and she ing the manner in which a typi, family, that of Bill Davis of M; Chester, responds to its countr need. Running time 18 mins. Rele. Nov. 21, 1941. " Satin' Pretty" (Grantland Rice Sportlight) (Paramount) This offers crisp and thorough c< erage of how to ride a horse. It done in an interesting and enlight ing fashion, showing the varied te< niques of experts in the field. i reel opens with the American Ind: riding without a saddle, and then f lows through on the lightweij' jockey atop a thoroughbred, stude and instructors at a New York sch of horsemanship, bronco busting, ti ber topping, and finally trick ridi It is a good sports short, which, course, will impress amateur equ trians especially. Running time, mins. Release, Oct. 31, 1941. "Viva Mexico" (Miniature Series) (M-G-M) Camera glimpses of the more p; turesque centers of Mexico, from s ports to the capital, done in co with good descriptive commentary the Fitzpatrick crew, provide t reel with enough material to make an acceptable addition to any p gram. Running time, 9 mins. 1 lease, Nov. 1, 1941. "Popular Science, J 1-2" (Paramount) Five subjects are the concern this and each offers modest enterta ment, making for a short that cc pares favorably with its predecess in the series. It begins with highway connecting Pittsburgh ; Harrisburg. Following are an ul modern kitchen, a microscope wh magnifies atoms, an amusing raorai with "Professor Oakes" and anot of his crackpot inventions, and finf the U. S. Forest Service in actii'. Running time, 11 mins. Release, NL 7, 1941. it >j.n November 25, 1941 MOTION PICTURE DAILY Cadets', Show Boston Gross Hits $25,500 Boston , Nov. 24. — Despite the I'tleu appearing at the Boston Gar- en grosses held up well. Kay Kyser lid his orchestra coupled with "Fly- Cadets" at the Keitli Boston drew strong $25,500. | Estimated receipts for the week nding Nov. 12-14 : F'ying Cadets" (Univ.) KEITH BOSTON— (2,697) (30c- 40c -44c 55c 'pc) 7 days. Vaudeville including Kay Ky- ler and his orchestra. Cross: $25,500. LA vera se. $8,000) It Started With Eve'- (Univ.) I Man at Large" (2Cth-Fox) KEITH MEMORIAL (2.907) (30c-40c-44c- Bcl 7 days. Gross: $16,400. (Average. ht>.00U) Birth of the Blues" (Para.) ■ Among the Living" (Para.) METROPOLITAN — (4,367) (2Sc-30c-40c- ■4c-55c) 7 days. Gross: $19,000. (Average, 1.15.500) I urrational Squadron" (W. B.) 'New Wine" (U. A.) , PARAMOUNT — (1,797) (28c -30c -40c -44c- 15c) 7 days. Gross: $9,900. (Average. $7,- "Intematicnal Squadron" (W. B.) "New Wine" (U. A.) FENWAY— (1,320) (28c -30c -40c -44c -55c) 7 Jlays. Gross: $6,400. (Average. $4,500) 'The Maltese Falcon" (W. B.) 'Our Wife" (Col.) SCOLLAY— (2,500) (28c-30c-40c-44c-55c) 7 days, 3rd run. Gross: $4,200. (Average, 64.000) 'You Belong to Me" (Col.) "Texas" (Col.) LOEWS STATE— (3,000) (30c -40c -44c -55c) 7 days. Gross: $15,600. (Average, $12,000) 'You Belong to Me" (Col.) 'Texas" (Col.) LOEW S ORPHEUM-(2,900) (30c-40c-44c- p5c) 7 days. Gross: $18,800. (Average, $17,- 'Jekyll' Captures $16,200 in Newark ji Newark, Nov. 24.— "Dr. Jekyll and -Mr. Hyde" at Loew's drew $16,200. while "A Yank in the R.A.F." at Proctor's chalked up $15,800. p Estimated receipts for the week end- ing Nov. 11-13 : "It Started With Eve" (Univ.) "Harmon of Michigan" (Col.) I WARNERS' BRAN FORD — (2,840) (28c- 33c-44c-55c-65c-75c) 7 days. Gross: $14,800. (Average, $14,000) "Dr. Jekyll and Mr. Hyde" (M-G-M) "Tanks a Million" (U. A.) LOEW'S STATE— (2,589) (33c-44c-55c- <6?c-75c) 7 days. Gross: $16,200. (Average. ($13,750) "Nothing But the Truth" (Para.) , "Doctors Don't Tell" (Rep.) r P ARA MO U NT- N E W A K K — (2,200) (33c- 1 44c-55c-6Sc-75c) 7 days, 3rd week. Gross: . $13,400. (Average. $13,750) : "A Yank in the R.A.F." (20th-Fox) "Unexpected Uncle" (RKO) 1 RKO PROCTOR'S— (2,289) (33c-44c-55c- } 65c-75c) 7 days. Gross: $15,800. (Average. SI4,500) "Dcwn Mexico Way" (Rep.) ADAMS— (2.100) (33c-44c-55c) 7 days. Stage: Ina Ray Hutton and band. Gross: $13,000. (Average, $12,500) ! "Pepe Le Moko" (Mayer-Burstyn) LITLE— (299) (44c55c) 7 days, 3rd week. | Gross: $1,200. (Average, $1,800) U.A. Acquires S. A. Film United Artists has acquired the Latin American rights to "Sinfonia Argentina," musical to be produced in Buenos Aires by Sur Art Films, Wal- ter Gould, U. A. foreign manager, has announced. Blake Finishes Short The second of a series of "Kitchen Quiz" shorts, starring Ed East and Polly, and produced by B. K. Blake tor Columbia, has been completed. Review "Old Mother Riley's Circus" {Anglo- American) London, Oct. 30 (By Mail) /\ LTHOUGH the comedy of Arthur Lucan has no obvious appeal out- side these isles, it should illustrate a study of what British audi- ences laugh at and why. Lucan, who has expanded from small time vaudeville to radio and music hall fame, is today among the box-office leaders. Probably only a country where pantomime has come to mean something at the theatre will understand the wherefor. This latest and probably most ambitious of his comedies is wrapped around a circus which in the end turns out to belong to Old Mother Riley herself. There is a shy shaft of maternal sentiment and note of romance, but the whole development is slapstick, with the grotesque old dame in the tattered skirt and faded bonnet, prancing and prattling away in the garb of a fortune teller, a Countess, a cinema usherette and a cir- cus clown. Not for a moment does the electric vitality of Lucan wane, never for a Hash does he aim any further ahead than the bleachers. Production qualities are adequate, but the direction by Thomas Bent- ley, a pioneer among British directors, will not ruffle Hollywood. Running time, 70 minutes. "G."* Auhrey Flanagan *"G" denotes general classification. 'Havana' Tally Is $20,500 in Capital W ashington, Nov. 24. — The Arm- istice holiday contributed toward grosses above average. "Week-End in Havana," with vaudeville at Loew's Capitol, led with $20,500. Estimated receipts for the week ending Nov. 12-13 : "lou rietorjg To Me" (Col.) WARNERS EARLE— (2,200) (28c-39c- 55c-66c-77c) 7 days. On stage: Pinky Tom- lin, Great Gretonas, Geraldine and Joe, Roxyettes. Gross: $18,400. (Average, $15,000) "Hcnky Tonk" (M-G-M) LOEW'S COLUMBIA— (1,250) (28c-44c) 7 days, return engagement. Gross: $6,500. (Average, $3,500) You'li Never Get Rich" (Col.) WARNER'S METROPOLITAN — (1,600) (28c-44c) 7 days, return engagement. Gross: $6,600. (Average, $4,000) "It Started With Eve" (Univ.) RKO KEITH'S— (1,834) (40c-55c) 7 days. Gross: $15,000. (Average, $10,000) ' Week-End in Havana" U6th-Fox) LOEW'S CAPITOL— (3,434) (28c-39c-55c- 66c-77c) 7 days. On stage: Smith and Dale, Gypsy Markoff, Mata and Hari. Grace Mc- Donald. 16 Rockets. Gross: $20,500. (Aver- age, $15,500) "A Yttnk in the R.A.F." (ZOth-Fox) LOEW'S PALACE— (2,300) (39c-55c) 7 days, 2nd week. Gross: $10,500. (Average, $12,000) 'Love* in Toronto Draws Big $11,500 Toronto, Nov. 24.— "Appointment for Love" at the Uptown Theatre grossed $11,500. "Target for To- night" and a second feature brought $9,200 to the Imperial for the second week. Estimated receipts for the week ending Nov. 15: "The Maltese Falcon" (W. B.) EGLINTON— (1,086) (18c-30c-48c-60c) 6 days, 3rd week. Gross: $4,000. (Average, $4,500) "Target For Tonight" (W. B.) "New York Town" (Para.) IMPERIAL— (2,074) (18c-30c-42c-60c-90c) 6 days, 2nd week. Gross: $9,200. (Average, $9,000) "Lady Be Good" (M-G-M) "Dcwn in San Diego" (M-G-M) LOEW'S— (2,074) (18c-30c-42c-60c-78c) 6 days, 2nd week. Gross: $9,000. (Average, $9,000) "Citizen Kane" (RKO) SHEA'S— (2,480) (18c-30c-42c-60c-90c) 6 days. 2nd week. Gross: $8,500. (Average, $9,000) "A Yank in the R.A.F." (20th-Fox) "We Go Fast" (20th-Fox) TIVOLI— (1,434) (12c-18c-30c-48c) 6 days. Gross: $4,700. (Average. $3,900) "Appointment for Love" (Univ.) UPTOWN— (2,761) (18c-30c-42c-60c-90c) 6 days. Gross: $11,500. (Average, $9,000) 'Duanes' and Show $8,000, Kansas City Kansas City, Nov. 24. — "Last of the Duanes," plus a Major Bowes unit on the stage of the Tower, drew $8,000 in a week of only fair grosses. Estimated receipts for the week ending Nov. 11-13: "It Started With Eve" (Univ.) ESQUIRE-(SOO) (30c-44c) 7 days. Gross: $3,000. (Average, $2,200) 'The Feminine Touch" (M-G-M) "Unhcly Partners" (M-G-M) MIDLAND— (3,600) (30c-44c) 7 days. Gross: $8,500. (Average, $8,500) "Nothing But the Truth" (Para.) "Henry Aldrich for President" (Para.) NEWMAN— (1,900) (30c-44c) 6 days, 3rd week for "Truth." Gross: $5,500. (Aver- age for 6 days, $6,000) "The Little Foxes" (RKO) "Hurry, Charlie, Hurry" (RKO) ORPHEUM— (1,900) (40c-55c) 7 days, 2nd week for "Foxes". Gross: $4,500. (Aver- age, $5,000) "Last of the Duanes" (20th-Fox) TOWER— (2,200) (30c) 7 days. Stage: Major Bowes Revue, etc. Gross: $s.unu. (Average, $6,000) "It Started With Eve" (Univ.) UPTOWN— (30c -44c) 7 days. Gross: $5,000. (Average, $4,000) 'Week-End' $7,600 Indianapolis Gross Indianapolis, Nov. 24. — First runs did fair business, with "Week-End in Havana" and "Man At Large" taking $7,600 at the Indiana. Estimated receipts for the week end- ing Nov. 13-14: "You Belong to Me" (Col.) "Lady Scarface" (RKO) CIRCLE— (2,800) (28c-33c-44c) 7 days. Gross: $6,900. (Average, $6,500) "Week-End in Havana" (20th-Fox) "Man at Large" (ZOth-Fox) INDIANA— (3,200) (28c-33c-44c) 7 days. Gross: $7,600. (Average, $7,000) "The Feminine Touch" (M-G-M) "Unholy Partners" (M-G-M) LOEW'S— (2,800) (28c-33c-44c) 6 days. Gross: $7,300. (7-day average, $8,000) "Sergeant York" (W. B.) LYRIC— (2,000) (40c-44c-55c) 7 days, 4th week. Gross: $5,200. (Average, $4,500) Plan San Antonio Office San Antonio, Nov. 24. — Gustav Mohme, who already has established an exchange for Spanish dialogue films in Los Angeles and is planning another in Denver, is preparing an office here. Mohme was general manager of Mexican distribution for 20th Century-Fox. Seattle Gives 'Blues' Strong $8,700 Gross Seattle, Nov. 24. — "Birth of the Rlues" at the Paramount took a strong $8,700. The second week of "You'll Never Get Rich" drew $6,400 at the Liberty. The weather was rainy. Estimated receipts for the week end- ing Nov. 14 : "Week-End in Havana" (20th-Fox) "Lady Scarface" (RKO) BLUE MOUSE— (950) (30c-40c-58c) 7 clays, 2nd week. Moved from Fifth Avenue. Gross: $3,800. (Average, $4,000) "Smilin' Through" (M-G-M) "Mcon Over Her Shoulder" (20th-Fox) FIFTH AVENUE— (2,500) (30c-40c-58c- 70c) 7 days. Gross: $7,200. (Average. $7,000) "You'll Never Get Rich" (Col.) "Eilery Queen and the Perfect Crime" (Col.) LIBERTY— (l.SOO) (30c -40c -50c -65c) 7 days, 2nd week. Gross: $6,400. (Average, $5,000) "Hcnky Tonk" (M-G-M) MUSIC BOX — (950) (30c-40c-58c-70c) 7 days, 3rd week. Moved from Paramount. Gross: $3,700. (Average, $4,000) "Unfinished Business" (Univ.) "Sing Another Chorus" (Univ.) ORPHEUM— (2,450) (30c-40c-58c) 7 days. Gross: $5,900. (Average, $6,000) "Badlands of Dakota" (Univ.) PALOMAR — (1,500) (20c-30c-40c) 7 days. Stage: Vaudeville. Gross: $4,800. (Average, $5,000) "Birth of the Blues" (Para.) "Charlie Chan in Rio" (ZOth-Fox) PARAMOUNT— (3,050) (30c -40c -58c) 7 days. Gross: $8,700. (Average, $6,000) 'Havana' Scores $22,000 in Detroit Detroit, Nov. 24. — Ideal weather helped with the Fox reporting $22,000 for "Week-End in Havana" and "Moon Over Her Shoulder," and the Michigan $14,000 with "The Maltese Falcon" and "Kisses For Breakast." Estimated receipts for the week ending Nov. 13 : "You'll Never Get Rich" (Col.) "Ladies in Retirement" (Col.) ADAMS— (1,600) (15c-39c-44c-55c) 7 clays. Gross: $7,000. (Average, $5,500) "Kiss the Boys Goodbye" (Para.) "Tom, Dick and Harry" (RKO) FISHER— (2,700) (15c-39c-44c-55c) 7 days. Gross: $6,800. (Average, $7,000) "Week-End in Havana" (2Gth-Fox) "Moon Over Her Shoulder" (20th-Fox) FOX — (5,000) (20c- 39c -44c -65c) 7 days. Gross: $22,000. (Average, $15,000) "The Maltese Falcon" (W. B.) "Kisses for Breakfast" (W. B.) MICHIGAN— (4,000) (15c-39c-44c-55c-6Sc) 7 days. Gross: $14,000. (Average, $12,000) "New York Town" (Para.) "Ba-nacle Bill" (M-G-M) PALMS— (2,000) (25c-39c-44c-55c) 7 days. Gross: $7,000. (Average, $7,000) "Hcnky Tonk" (M-G-M) "Dr. Kildare's Wedding Day" (M-G-M) UNITED ARTISTS— (2.8C0) (20c-39c-44c- 55c) 7 days, 3rd week. Gross: $10,000. (Average, $10,030) Close Mono. Deal For Chile, Bolivia Norton V. Ritchey, vice-president in charge of foreign operations for Monogram, now in Santiago, Chile, has concluded a deal there with Alros Distributors, headed by L. Alberto Robles Sotomayor, under which the firm will distribute Monogram prod- uct in Chile and Bolivia, according to word received here from Ritchey. The deal calls for handling of 24 Monogram films this season by the Chilean company. Richey plans to go from Chile to Peru, Ecuador and Colombia. 6 Motion Picture Daily Tuesday, November 25, 194 Metro Forum, ITO Meeting In Ohio Today (Continued from page 1) expected to attend. Business sessions will be held tomorrow afternoon and Wednesday. All exhibitors in the territory served by Cleveland and Cincinnati exchanges have been invited to at- tend the M-G-M Exhibitor Forum, with H. M. Richey, assistant to Wil- liam F. Rodgers, general sales man- ager, in charge of exhibitor relations, presiding. William A. Greene of the Bureau of Advertising of the Ameri- can Newspaper Publishers Association will speak on "Good Newspaper Ad- vertising." Gov. John W. Bricker of Ohio is expected to welcome the ex- hibitors. Ferguson to Speak William R. Ferguson M-G-M ex- ploitation manager, will talk on "Ex- ploitation Ideas That Work," with field staff men on hand. Smith of the Ohio ITO and Edward Salzberg of Bluefield, W. Va., will act as ex- hibitor spokesmen. Representing M-G-M also will be E. K. O'Shea, Central division manager ; J. J. Ma- loney and H. P. Wolfberg, district managers, and E. M. Booth and F. D. Drew, Cincinnati and Cleveland branch managers, respectively. Ken Prickett, in charge of the M-G-M mobile exploitation unit, "The Show Builder" will be present. Ferguson will preside at a Central division con- ference of M-G-M field staff repre- sentatives at the hotel on Wednesday. 'U' Party for Air Corps Universal will be host to Air Corps officers from Mitchell Field and re- cruiting officers at a supper party Wednesday evening at the Hotel As- tor, following the local premiere of "Keep 'Em Flying" at the Criterion. AMERICAN RED CROSS RED CROSS ROLL CALL - NOV. 11-30 Cincinnati Baseball Club Drew 1,237,537 Cincinnati, Nov. 24. — The extent of theatre competition from national baseball here and elsewhere, was seen at the annual meeting of the Cincinnati Baseball Club Co. here, when it was disclosed that the combined home and road attendance at the Cin- cinnati games was 1,237,537 in 1941. The attendance figures for 1940, however, were 1,517,- 064. Powell Crosley, Jr., president of the Crosley Corp., was reelected president and a director of the base- ball club. 700 at Pittsburgh Dinner for Kalmine (Continued from page 1) personal gift. The camp was begun several years ago by Kalmine, Frank Harris, former Senator, and Ira Cohn for the local Variety Club. Speakers at the dinner included : Mayor Cornelius D. Scully of Pitts- burgh ; Joseph Bernhard, Warners vice-president ; former New Jersey Governor Harold Hoffman ; James H. Greene, executive of the Chamber of Commerce ; Edward R. Stirling, na- tional vice-commander of the Ameri- can Legion ; Claire Meeder, president of the musicians local, representing the unions ; Al Abrams, sports writer, for the Dapper Dan Club, William Finkel, James Alexander and C. C. Kellenberg, chief barker of the local Variety Club; M. A. Silver, Rev. Homer Flint, Rabbi Solomon B. Free- hof, Rev. Lawrence O'Connel and Stanley Kann. Entertainment was provided by acts from local night clubs and the Stanley Theatre. Among the out-of-town guests in attendance were : Al Schwal- berg, Harry Goldberg, Mort Blumen- stock, Leonard Schlesinger, George Dembow, Lou Goldberg, A. W. Smith, Jr., Robert Mochrie, Jack Cohn, Charles Kurtzman, Mike Cullen, Harry Mayer, Phil Spitalny and Abe Weiner. Raftery to Nashville On Crescent Action Edward C. Raftery, United Artists president and general counsel, will leave for Nashville Friday to represent the company in the closing arguments in the Government's anti-trust suit against the Crescent circuit, United Artists and Universal in Federal court there on Monday. Raftery will be accompanied by Benjamin Pepper of the O'Brien, Driscoll & Raftery law firm, which also represents Universal in the Nash- ville suit. Columbia won a dismissal from the Nashville court at the close of the trial last September. Fights City Operation Cincinnati, Nov. 24. — Hyman B. Rose, a taxpayer, who recently filed injunction proceedings to enjoin the city from purchasing the 3,500-seat Music Hall, in bankruptcy proceed- ings, has withdrawn his suit, and sub- stituted a challenge of the city's plan for operating the property, which it purchased a few weeks ago. Decision Today on Leserman to U.A. As Sales Manager (Continued from page 1) with Empire-Universal Films and Odeon Circuit in Canada under Mas- ters, who now heads these companies. Griesdorf was Eastern representative for James Roosevelt when the latter was producing for United Artists. Previously he was United Artists branch manager at Winnipeg. J. T. Mclnerney, United Artists branch manager at San Francisco, has tendered his resignation but it has not yet been accepted by the home office. Sears did not disclose what Smith's new post with the company would be, but it is assumed that it will be with the West Coast sales organization since Smith's resignation from RKO is known to have derived from his wish to make his home on the West Coast, where he recently purchased a ranch. Smith has been with RKO as Western manager for the past eight years. Prior to that he was Chicago district manager for United Artists. Sears has taken the office at United Artists formerly occupied by Maurice Silverstone, while Edward C. Raftery, new United Artists president, is es- tablished in the office formerly occu- pied by Arthur W. Kelly. The latter has new quarters adjoining Raftery's. Legion Cites Gain in Objectionable Films (Continued from page 1) an increase of one and six-tenths per cent in the number of films rated as objectionable in part. "In appraising the moral status and trend of the motion picture, statistics alone do not provide adequate and final measurement. Statistics should be considered in conjunction with other factors such as the kind and amount of objectionableness in a film rated in any given objectionable or condemned category. The evaluation of the situation must be based on qual- itative as well as quantitative consid- erations. The present grave concern arises out of the unfortunate trend under which a considerable number of films rated objectionable in part have approached the point of condemna- tion." Legion Approves Six Of Seven New Films The National Legion of Decency for the current week has approved six of seven new pictures reviewed, two for general patronage and four for adults, while one was condemned. The new films and their classification fol- low. Class A-l, Unobjectionable for General Patronage — "Kathleen," "They Died With Their Boots On." Class A-2, Unobjectionable for Adults — "Date With the Falcon," "Design for Scandal," "Men in Her Life," "Rise and Shine." Class C, Con- demned— "Two-Faced Woman." Plans Sports Reels Chicago, Nov. 24. — Sports Produc- tions, subsidiary of Teletone News Corp., has been formed here, to pro- duce 52 single reels annually on sports, featuring Bob Elson. 'Skylark' and 'Havana' Big; B Vay Strong (Continued from page 1) at $73,000 for the four days beginninj Thursday. The Thursday through Sunda- "take" at the Strand, playing "ThJ Died With Their Boots On" wis Woody Herman's orchestra, is esti mated at $30,000. The show will b held over. 'Thin Man,' $24,500 "Shadow of the Thin Man" wem over well at the Capitol, grossing ar estimated $24,500 Thursday througl Sunday, and will hold for a seconc week. "Swamp Water" at the Glob( is holding up strongly, drawing an es timated $5,500 Saturday and Sunday Now in its second week, the picture will continue. At the Rivoli where "How Greei Was My Valley" is in its fourth week business Thursday through Sunday amounted to an estimated $16,200 This film also will hold over. "The Chocolate Soldier," now in it fourth week at the Astor, took an es- timated $5,700 Friday through Sun- day and will remain. "Mob Town' finished a week's run at the Rialtc last night with an estimated $4,300 an( is to be replaced today by "A Dat< With the Falcon." 'Flying* Opens Tomorrow Universal's new Abbott and Costelb comedy, "Keep 'Em Flying," will bov, in at the Criterion tomorrow. Caro Bruce, who has the feminine lead ii the film, is scheduled to make a per- sonal appearance in the evening Others of the cast expected to be pres ent are Martha Raye, William Gar gan and Dick Foran. Last night New York's traditiona most important first night was ob served when the Metropolitan Oper; held the premiere of its 59th season The presentation was Mozart's "Th( Marriage of Figaro." New York's oldest families minglec with foreign ambassadors and fashion able opera goers. It was a sellout, a: usual. Hearing on Schad Action Set Jan. 2i Philadelphia, Nov. 24.— Fina hearing on the anti-trust action o: J. H. Schad, Reading, Pa., exhibitor has been listed for Jan. 29 befon Federal Judge J. Cullen Ganey ir U. S. District Court here. The ac- tion is directed against Warners, 20tf Century-Fox, Warner Theateres anc the Wilmer and Vincent Circuit. Thf preliminary hearing was held ir September. Allied Unity Meet On Dec. 9, Repor\ (Continued from page 1) cuit heads. At a business session fol lowing, present officers were reelected L. F. Wolcott, president, will serve his eighth year as head of the organ ization. Myron Blank and Wolcott were ap pointed delegates to the Allied unit: meeting in Chicago. The meeting ad journed to early in January. FAME IN PREPARATION THE EIGHTH ANNUAL EDITION ■ BOX OFFICE CHAMPIONS OF 1941 Presented with complete analysis and personnel credits. THE SEASON'S MONEY-MAKING STARS Evaluated and reported upon by the exhibitor showmen of the world. THE RADIO CHAMPIONS OF 1941 As polled by Motion Picture Daily among the editors of the daily news- papers of America. One Dollar the Copy EDITED BY TERRY RAMSAYE QUIGLEY PUBLICATIONS ROCKEFELLER CENTER, NEW YORK 8 Motion Picture Daily 1 Tuesday, November 25, Off the Antenna WHN will dedicate its new 50,000-watt transmitter with a program next Monday from 9 to 10:30 P.M. Among those scheduled to appear are Bert Lytell, Frank Fay, Dinah Shore, Dick Todd, Adrienne Ames, A. L. Alexander, Fulton Lewis, Jr., Fulton Oursler, George Hamilton Combs, Clem McCarthy, Bert Lee and Dick Fishell. A new WHN choral group and an enlarged orchestra directed by Dick Ballou and Don Albert will provide the music. The program will originate from the Barbizon-Plaza Theatre. • • • Purely Personal: Bill Bcrns of the Warner publicity staff will resume his program, "The Camera Turns with Bill Berns" over WPAT, Paterson, N. J., at 2:15 P.M. today. . . . Steere Mathew was appointed assistant manager of the NBC traffic department yesterday. . . . M auric o Rappei has been named Jewish program director for WWRL. . . . Rise Stevens, who performed at the Metropolitan Opera opening yesterday, will be guest on "Treasury Hour" tonight and the Coca Cola show Sunday. . . . George Fuerst, formerly man- ager of the KGO-KPO , San Francisco, traffic department, has resigned to join the KPO salas department, and his former assistant, Bob Sands'trom, succeeds him in the traffic post. . . . John Gunther, if he returns from Europe in time, will substitute for Raymond Gram Swing when the latter starts a three-week vacation Christmas Day. Gunther-, however, is seeking admission to Russia and another substitute will be needed if he obtains the zisa. . . . Bob Reichen- bach of the KMOX, St. Louis, promotion staff has resigned to organize the Disco Recording Co. Harry Cheshire, "hillbilly" director for KMOX, and Gordon Sherman, engineer at the station, will join him in the venture. • • • Network officials breathed easier yesterday as word came that the threatened long distance telephone strike had been called off by the Fed- eration of Long Lines Telephone Workers after an agreement had been reached granting wage increases and setting up boards to adjust remain- ing differences. The networks, which would have been crippled by a strike, made few preparations to meet it, presumably on the assumption that it would be settled in time. • • • Norman D. Waters, head of the advertising agency bearing his name, yes- terday demanded "prompt action" on his proposals for greater use of television by Government and defense agencies. In a telegram to Lowell Mellett. director of the executive office of the President, Waters pointed out that he had seen FCC Chairman James L. Fly on Oct. 31 and had held a conference of television executives at his office Nov. 4 but little had been done to start the program moving. He asked for fact finding board to study the problem. • • • NBC yesterday released the Cooperative Analysis of Broadcasting stand- ings for half -hour evening shoivs. In the order of their standing they are: Edgar Bergen; Jack Benny; Fibber McGee & Molly; Bob Hope; "Maxwell House Time," with Fannie Brice; "One Man's Family" ; "Fitch Bandwagon" ; "Mr. District Attorney" ; "Time to Smilo," with Eddie Cantor and Dinah Shore; Burns & Allen; Rudy Vallee and John Barrymore, and "Truth or. Consequences." • • • In an effort to build a good children's program, NBC-Blue on Satur- day, Dec. 6, 11:30 to noon, will start the first of a weekly half -hour series in which a 15-minute program from WJZ will be paired with a similar show from a station in another city. Each group will run for 13 weeks. The first two programs will be "Fables for Fun," from WJZ, in which an original fairy tale will be dramatized, and "Ask Young America," from WLS, Chicago, with school children participating in an open forum on current events. Monogram Product Now Available for Television British Film Council Will Ask Quota Cut To 15-20 Per Cent London, Nov. 24. — The Films Council is understood to have con- sidered British Board of Trade sug- gestions that the film quota be re- tained at its present levels, and to have decided to ask for reductions. It is believed the Council will ask the Board of Trade for reductions to IS per cent for exhibitors and 20 per cent for distributors, with a sim- ilar reduction for short subjects. Although the Board of Trade has the final decision, it is believed it will not ignore the recommendations of the Council, since the latter functions as an advisory board. Short subject producers and film unions will oppose the Council suggestion for quota cuts. Pinewood Studio May Reopen London, Nov. 23. — The Pinewood Studios, closed since the start of the war, will be reopened in January as the center of Government film pro- duction, it is reported. Pinewood is controlled by the General Film-Gau- mont British interests. The Army film unit has taken over the Curzon Theatre in Mayfair. Paul Soskin will join the Gaumont- British-Gainsborough producing com- pany as a resident producer on the completion of his current film. Triple Features in 6 St. Louis Houses St. Louis, Nov. 24. — Triple bills have spread to four independent houses in St. Louis, bringing the total of houses now featuring such pro- grams to six. Fred Wehrenberg, head of the MPTO, who has led the fight against multiple features, said the theatres now using triples occa- sionally are the Osage, Ozark, Gem and Beverly. The Pageant and the Aubert of the St. Louis Amusement Co. were among the first to have such programs. Harry C. Arthur, Jr., president of Fanchon & Marco, recently announced he had no intention of discontinuing triple bills in the St. Louis Amuse- ment houses. Disney's Features Setup Is Realigned Hollywood, Nov. 24. — Walt Disney Productions today realigned its pro- duction setup on features, scheduling "Peter Pan" to follow "Bambi," now nearing completion, instead of the pre- viously announced "Wind in the Wil- lows," work on which has been halted. About 150 employes will be tem- porarily laid off because of the change, leaving about 530 on the payroll. Pro- duction will continue on two other features, "Bongo" and "Cinderella." No letdown in shorts production is contemplated. Para. Sued on Title Paramount has been named defend- ant in a suit filed in N. Y. Supreme Court by Jewel Productions. Inc. The plaintiff seeks to restrain Paramount from releasing "Forgotten Man," which, it is alleged, infringes the title of Jewel's film, "Forgotten Men." An answer by Paramount declares the title is in the public domain. (Continued from page 1) reverted later to the independent pro- ducers. During the radio fight with Ascap, feature films virtually could not be shown over the television station be- cause it was impossible to separate the music from the dialogue in most in- stances. However, with the settle- ment, WNBT resumed its film pro- gram and has stepped it up to three or four features each week. In addition to the features, there are advertising films, some independent shorts, defense films released by Government agencies and the like. Among the independent product booked by NBC are five old pictures released through Grand National and now controlled by Mohawk. These in- clude one with James Cagney and an- other with Stuart Erwin. NBC is also negotiating with Harold Orlob for "Back Door to Heaven" and pos- sibly "One Third of a Nation." Two pictures have been contracted for with Arthur Lee and about four more are in the negotiation stage. Max Alex- bander also has a number of westerns which NBC may use, it was said. A aroup of short subjects, "Music of the Masters," is also being televised. Since July 1, NBC has been operat- ing its television station on a com- mercial basis which requires 15 hours of operation weekly and the use of films is an important factor. Audi- ence reaction to feature product, de- spite its age, has been satisfactory, it was reported. O.P.M. Names Radio \ Advisory Committee Washington, Nov. 24. — A ra- dio industry advisory commit- \ tee, consisting of 29 represen- tatives from as many manu- facturing companies, has been named by the Office of Pro- duction Management to co- operate with Sidney J. Wein- berg, chief of the Bureau of >j Industry Advisory Commit- tees, in working out problems involving radio manufacturing L in connection with priorities. J FCC Here Monday On NBC Television, Washington, Nov. 24. — Members ( of the FCC and their staff will be in New York next Monday to see recent 1 developments of NBC in the field of ' television, particularly color, it was ' disclosed today by Chairman James L. Fly. The trip will be short, Fly said, and it is not intended to attempt a review of the work being done by all of the j companies. In view of the lack of progress ! which is being made with the synchro- nous impulse, he said, it is not likely that the commission will undertake I the clarification of standards tenta-> tively set for Jan. 1. No move in that direction will be made until the com- j panies report that they have developed ) satisfactory methods which can be! generally adopted. Station in Indiana Increases Power Washington, Nov. 24. — Broadcast- ing Station WAOV, Vincennes, Ind.,, has been authorized by the FCC to in- crease its power from 100 to 250 ■ watts. At the same time, the commission ] ordered hearings on the applications [ of James F. Hopkins, Inc., and the f Washtenaw Broadcasting Co., Inc., ! for new 1,050-kilocycle, 1,000-watt i day stations at Ann Arbor, Mich. ; , Bernard N. Walker for a new 1,400- kilocycle, 250-watt station at Concord, ,| N. C. ; Chattanooga Broadcasting Corp., for a new 1,450-kiIocycle, 250-[ watt station at Chattanooga, Tenn.,,! and Station KWKW, Pasadena, Cal.,',i for change of frequency to 830 kilo- 1 cycles. £ Hearing Today on News Strike Writ N. Y. Supreme Court Justice Ed- ward R. Koch yesterday adjourned until today a hearing on an application of Attorney General John J. Bennett, Jr., for an injunction to restrain the; Newsdealers Federal Labor Union.i Local 22,371, from boycotting seven morning and afternoon newspapers. Attorneys for the union declared, they had insufficient time to prepare an answer to the Attorney General's allegation that the union had entered into a conspiracy. Assistant State At-i torney General Martin J. McLaughlin declared no labor dispute between workers and employers is involved. Jacob Rosenheim Dies Jacob Rosenheim, brother of the former Mrs. Marcus Loew, died here Sunday. Services will be held at 2 P.M. today at the Riverside Chapel, 76th St. and Amsterdam Ave. o the lotion °icture ndustry MOTION PICTURE DAILY and Impartial E 50. NO. 104 NEW YORK, U.S.A., WEDNESDAY, NOVEMBER 26, 1941 TEN CENTS lent Closes Cith Connors; )eal Revealed 'is Duties Will Cover All 20th-Fox Departmetits Sidney R. Kent yesterday an- ■unced the closing of a five-year ■ntract with Tom Connors to he S personal assistant. In his state- lent, Kent reveals that Connors (till assume his new post within e next few weeks. Also, that Con- ors will accompany Kent on a trip the Coast about Jan. 1. Kent's statement follows : "I have known Tom Connors since he came into the indus- I ' try. I have admired his ability pjjr and integrity as a man and I ) have made the choice after careful consideration of several j men. I, myself, have come up through distribution and I natu- rally looked to that field for an ,• assistant. Mr. Connors' duties, however, will not all be in dis- tribution, but will cover other departments as well. "This move is in no wise a move to appoint a successor to Herman Wobber. Mr. Wobber will remain just as long as he desires to do so. I have made this appointment to give the sales and other departments more help and of a kind that I have been unable to give myself lately. This move will in no way change the company's policy of promotion from within the ranks, which both Mr. Connors and I agree on. "I am especially pleased at the re- ction to this appointment. Many important exhibitors from all over the iiountry have voluntarily phoned or Jvired me praising the appointment. I wnow this will be pleasing to Mr. '.Connors as well." $28,000 Subscribed in Federation Drive j A total of $28,000 already has been -subscribed by the Amusement Divi- sion in the 1941 campaign of the New ^ork and Brooklyn Federations of fewish Charities, Major Albert War- ner, co-chairman with David Bern- stein, announced at a luncheon meet- ing of the division at the Hotel Astor ' 'esterday. Major Warner, presiding, yesterday (Continued on page 8) LesermanAppointed U.A. Sales Manager; Chaplin Plans Three Carl Leserman was appointed gen- eral sales manager of United Artists yesterday by Gradwell L. Sears, vice- president in charge of distribution. He will assume his post immediately. At the same time it was announced in Hollywood that Charles Chaplin plans to produce three pictures for U. A. during 1942. The Coast announcement said that one of the Chaplin films will star himself as Landru, the French Blue- beard. The subject matter of the other two is as yet undecided. Shooting on the first is scheduled to start in Janu- (Continued on page 8) Columbia Quarter Net Up to $261,705 Columbia yesterday reported net profit of $261,705 for the first quarter ended Sept. 27, after all deductions, as compared with $153,878 with sim- ilar deductions for the same period last year. No provision has been made for restricted currencies in England. The working capital amounted to $11,619,219. The report shows $14.- 207,784 current assets and $2,588,565 current liabilities. "Results to date for the second quarter indicate a con- tinued improvement in earnings," Harry Cohn, president, stated in an- nouncing the earnings. Washer to Be Ad Head for Goldwyn Ben Washer will soon join the Samuel Goldwyn organi- zation as Eastern advertising and publicity director, it is re- ported. Announcement of his appointment is expected shortly. Washer, former pub- licity manager of United Ar- tists, it is reported, has re- signed from his executive position at Donahue & Coe, advertising agency, to assume the Goldwyn post. In the lat- ter post he will succeed Lynn Farnol, who resigned, it is said, because of service in the U. S. Army. Farnol holds a commission as captain. Wash- er is among the best known publicists in show business, in the opinion of the trade. Gov. Bricker of Ohio Stresses Films' Duty To Bar Propaganda Columbus, O., Nov. 25. — The "grave responsibility" of presenting the truth on the screen without propa- ganda belongs to the leaders of the film industry, Governor John W. Bricker of Ohio told the 1TO of Ohio convention luncheon at the Deshler- Wallick Hotel here today. Several hundred persons are attend- ing the sessions, in conjunction with (Continued on page 8) Nicholas M. Schenck to Head Film Committee for 1942 March of Dimes Nicholas M. Schenck, president of Loew's, Inc., has accepted appointment as chairman of the Motion Picture Committee for the 1942 March of Dimes, held annually in connection with the President's Birthday Ball for the Paralysis Foundation. Schenck de- clared that it is planned for the industry to play a much greater part in the campaign than ever before. Named as co-chairmen with Schenck are C. C. Moskowitz, Loew's theatre executive; Joseph Bernhard, vice-president of Warners, and Harry Brandt, head of Brandt Theatres. Oscar A. Doob, advertising and publicity di- rector of Loew's Theatres, is national public relations advisor for the film committee. It is planned to obtain the participation of all branches of the industry in the campaign, both in the East, in Hollywood and through- out the country, it was stated. The proceeds are devoted to the National Foundation for Infantile Paralysis, which helps sufferers at Warm Springs, Ga., as well as in local institutions. Nicholas M. Schenck Majors Named In Atlanta Suit For $1,592,785 Lucas, Jenkins Also Are Cited in Trust Action Atlanta, Nov. 25. — Charles Mion and W. T. Murray, operators of the downtown Rialto and three neighborhood houses here, have filed a $1,592,785 anti-trust suit against Lucas & Jenkins, Inc., Paramount circuit affiliate, Para- mount, Loew's, RKO, Warners, 20th Century - Fox, Universal, United Artists and various sub- sidiaries, in Federal Court here. Actual damages alleged are $530,728 but the complaint asks that this amount be tripled under the anti-trust act. Ar- thur Lucas and William K. Jen- kins are also named individually as defendants. Mion & Murray charge that they suffered damage in the operation of the Decatur, Little Five Points and East Point houses as the result of a conspiracy to deprive them of prod- (Continued on page 8) Branson New RKO Western Manager Walter Branson, RKO Midwest district manager, was appointed West- ern division manager yesterday by Ned E. Depinet, vice-president in charge of distribution. Branson succeeds Cresson E. Smith, who resigned recently to make his home in Southern California. Smith will be Los Angeles branch manager for United Artists. The U. A. post was vacated recently by David Gries- dorf, who is returning to Canada Branson has been with RKO in the Midwest for about 15 years as sales- man, branch manager and district manager. Ayers, Seed Named W.B. District Chiefs Norman J. Ayers and Harry Seed have been promoted to district mana- gers by Warners and a mid-Atlantic district was created with Robert Smeltzer as manager, it was an- nounced yesterday by Ben Kalmen- son, general sales manager. Ayers, formerly Boston branch manager, will head the Eastern dis- (Continued on page 8) Motion Picture daily Wednesday, November 26, 19 Marches Open in Guild Play Tonight Fredrie March and Flor- ence Eldridge will return to the Broadway stage tonight in a new play by Sophie Tread- well titled "Hope for Harvest" and described as an "Ameri- can comedy." The play, a Theatre Guild Production, will be presented at the Guild Theatre. FPC-Nathanson Suit In Canada Settled Paramount yesterday announced the settlement of a Canadian court action brought by Famous Players Canadian against N. L. Nathanson interests in- volving ownership of the Broadway Theatre at Timmins, Ont. The company's statement follows in part : "Famous Players Canadian Corp., Ltd., legal action against certain of the Nathanson interests — namely, Em- pire Universal Films, Ltd., Associated Theatres, Ltd., and against Oscar R. Hanson and Broadway Theatre (Timmins, Ltd.) — has been settled out of court with the defendant ad- mitting Famous Players' claim, J. J. Fitzgibbons, president of Famous Players Canadian Corp., Ltd., an- nounced today." Hanson Takes Alliance Toronto, Nov. 25. — According to report, Oscar R. Hanson, who broke with N. L. Nathanson three weeks ago to organize his own group of dis- tributing and theatre companies, has taken over Alliance Films of Toronto, an independent exchange, and also Colonial Pictures, Ltd. 4 I I I 1 I I I n i i i i i i i i i i i i i i i FLY to LOS ANGELES over the BUSINESS ROUTE of the NATION More passengers, mail and express fly United's central, year 'round Main Line Air- way than any other coast-to- coast air route. 5 Mainliners to Los Angeles daily. UNITED AIR LINES Airlines Terminal: 80 E. 42nd St. 649 Fifth Ave. 69 Wall St. Hotel Pennsylvania MU-2-7300 or travel agents, hotels Personal Mention HUNTER PERRY of Dominion Theatres, Virginia, is in town for Paramount home office confer- ences. • Sam Pinanski is here from Boston for conferences with Leonard Gold- enson, head of Paramount theatre operations. Frank Rogers and Fred Kent of Florida State Theatres are in town from Jacksonville. • Ernest Lambarri of Western Electric Export Corp. has left to take over his new post as assistant engi- neer at the Panama office. FRANCIS HARLEY, 20th Cen- tury-Fox managing director for Great Britain, is scheduled to leave Lisbon Dec. 4 by clipper for New York. • Charles Smakwitz, Warner Thea- tres assistant zone manager in Albany, has returned from Pittsburgh. • M. J. Siegel is due today on the Coast from the East. Terry Turner has returned from the West. • Larry Germaine, Warner Theatres booker in New Haven, is ill at New Haven Hospital. Producers Oppose English Quota Cuts London, Nov. 25. — Production groups are actively opposing a reduc- tion in the present quota percentages, as suggested by the Films Council. The producers voted today to ask the Board of Trade to leave the quotas as they are, declaring that, despite the re- duction in the total of films registered for quota, a substantial volume is now awaiting registration. They forecast a drop in production if the quotas are cut. They suggest that the exhibitors can meet their present quota by in- creasing screening time. The shorts producers will meet tomorrow and are expected also to oppose the council suggestion for quota reductions. They contend there is no need for reduction, since exhibitors are screening more than their required percentages. Labor interests also are expected formally to oppose the reductions. It was in- dicated today that the Board of Trade may make a statement on the quota situation this week.. ' Golden Wings' Is Scored by Critics Washington, Nov. 25. — The most withering critical blast to greet a new play this season appeared in the local press today on "Golden Wings" which opened last night at the National. Commented Nelson B. Bell (Post), "Swirling dialogue frosted on its wing- tips." A "triumph of dullness," re- acted Jay Carmody (Star). Don Craig (News) called it "sloppy, corny and embarrassing," while Bernie Harrison (Times-Herald) cited "too much weight," "uninspired plot" and said the William Jay-Guy Bolton story of the R.A.F. "never gets off the ground." Fay Wray, Signe Hasso and Owen Lamont have the leads. Para., W.B. Sued On Payment to Bioff Paramount and Warners were named defendants yesterday in two more stockholders' suits filed in the N. Y. Supreme Court as a result of evidence of payments made to Wil- liam Bioff and George E. Browne in their trial. Philip Greenberg, Para- mount stockholder, suing the com- pany, its officers and directors, seeks an accounting of all monies paid. A similar suit was brought by Henry L. Hirscher, Warner stockholder. District Heads for Variety Club Named John H. Harris, national chief barker of the Variety Clubs of America, has made the following dis- trict appointments : Sam Galanty, for Washington, Bal- timore and Philadelphia ; Marty Mul- lin, for Boston, and to organize New Haven and New York ; Elmer Rho- den, Kansas City and St. Louis ; Mike Shapiro, Pittsburgh, Cincinnati, Cleveland, Columbus and Dayton ; Alex Schreiber, Detroit, Milwaukee and Minneapolis ; Edward Shafton, Omaha and Des Moines ; Paul Short, Dallas, Atlanta, Memphis, Oklahoma City, Los Angeles and Charlotte ; C. J. Latta, Albany, Buffalo and Indian- apolis, and R. J. O'Donnell to organ- ize New Orleans, Chicago, Portland, Denver, San Francisco, Seattle and Salt Lake City. These district representatives will cooperate with existing tents in the cities assigned to them and will assist is organizing new tents. Coast Meet onS. A. Hears Hays, Whitney Hollywood, Nov. 25. — Will H. Hays and John Hay Whitney today addressed the Motion Picture Society for the Americas as the first step in working out Hollywood cooperation with the film program of Nelson Rockefeller's Office of Inter-American Affairs. Whitney told details of his South American trip, which he pre- viously related to New York execu- tives. Open Chicago RKO Building Tomorrow Ned E. Depinet, RKO vice-presi- dent, will head a group of home office executives leaving this evening by train to attend the opening tomorrow of the company's new exchange build- ing in Chicago. Also attending from the home office will be Walter Bran- son, Harry Michalson, A. A. Schubart, William Savage and John Wood. 'York' Lower Price Release Set July 4 "Sergeant York" will not be re- leased in the United States at regular admission prices until July 4, 1942, Ben Kalmenson, Warner general sales manager, said yesterday. The film is now playing at minimum of 55 cents for evenings and 40 cents matinees. It was released generally Sept. 27. Univ., U.A. Reaffirm Right of Selection Nashville, Nov. 25.— United Artists and Universal Film Exchanges maintained today in stronger terms than here- tofore their right to select their customers in the distri- bution of films "for any rea- son or reasons." U. A.'s and Universal's brief in the Cres- cent anti-trust case, filed in. Federal Court by John Tl j Mosby of Nashville, asserted 1 that in the selection of a cus- 1 tomer "there can be no more valid and legal reason than their (the defended distribu- tors) financial advantage." Gov't Favors Apri For 'Little 3' Trh The Department of Justice favc an April trial date for its anti-tn suit against Columbia, United Arti and Universal in U. S. District coi here, Department officials revealed New York yesterday. The Government has indicated tl it expects to begin trial of the Sch suit in late January or early Febi ary, but counsel involved in the c; | say they have prior trial commitmei j at that time and prefer a late Febi j ary or March date instead. 'Night of Stars' Is At Garden Tonigi The curtain goes up at 8:40 night on the eighth annual presen tion of the "Night of Stars" show Madison Square Garden, the proce to be turned over to the United Jf ish Appeal on behalf of the Joint E tribution Committee, the United P estine Appeal and the National Re gee Service. More than 20,000 persons are pected to witness the presentation, which hundreds of entertainers \ participate. It will open with singing by Lucy Monroe of the tional anthem and "Hatikvah," Jewish anthem. This will be follov by an overture by a 100-piece orch tra and an address by Mrs. Franki D. Roosevelt, who will be introdu il by Nathan Straus, chairman of I affair. The entertainment will tl | get under way. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday holidays by Quigley Publishing Comp; Inc., 1270 Sixth Avenue, Rockefeller Cen New York City. Telephone Circle 7-3: Cable address, "Quigpubco, New York." ~bt tin Quigley, Editor-in-Chief and Publisl Colvin Brown, Vice-President and Gen Manager; Watterson R. Rothacker, V President; Sam Shain, Editor; Alfred Finestone, Managing Editor; James Cron, Advertising Manager; Chicago Bun 624 South Michigan Avenue, C. B. O'N Manager; Hollywood Bureau, Postal Ur Life Building, William R. Weaver, Edil Leon Friedman, Manager; London Bure 4 Golden Square, London Wl, Hope V liams. Manager, cable address "Quigpul London." All contents copyrighted 1941 Quigley Publishing Company, Inc. Ot Quigley publications: Motion Pict Herald, Better Theatres, Internatio, Motion Picture Almanac and Fame, tered as second, class matter, Sept. 23, 1 at the post office at New York, N. under the act of March 3/ 1879. Subsc tion rates per year $6 in the Americas -\ $12 foreign. Single copies 10c. THE PRINT WILL BE READY FOR NEW YEAR'S! Electrifying news for this industry! The greatest New Year's attraction any company ever had is now set to reap the holiday fortune. Of course it's "BABES ON BROADWAY"! Everybody knows how truly sensational is this MICKEY ROONEY, JUDY GARLAND, M-G-M musical extravaganza. It will be trade-shown December 9th. 400 prints will be available for day-and-date bookings to welcome 1942 with joyous shouts and jingling shekels. Happy New Year from The Friendly Company! MICKEY ROONEY . JUDY GARLAND in "BABES ON BROADWAY" with Fay Bainter • Virginia Weidler . Ray McDonald • Richard Quine • Donald Meek • Alexander Woollcott • Screen Play by Fred FinklehofFe and Elaine Ryan • Original Story by Fred FinklehofFe • Directed by BUSBY BERKELEY • Produced by ARTHUR FREED * A Metro-Goldwyn-Mayer Picture ARE TH CAMPAIG —and the sensation The industry read this item in Film Daily. Here, step by step, is the story of 20th's "new wrinkle in test runs." THE SOCK CAMPAIGN WAS KEYED TO THE "I WAKE UP SCREAMING" TITLE . . . MELODRAMATIC ELEMENTS WERE STRESSED IN ADS, FRONT, STUNTS. THE FRONT sold it as Terrific New Thriller! Typical Newspaper Ad (powerful, unusual) STUNT BALLY "... on this trailer's P. A. system, a girl screamed, plug followed! IIGH LIGHTS OF 20TH N "I WAKE UP SCREAMING" results in Milwaukee! OPENING DAY HAD MILWAUKEE ON ITS EAR! BIGGEST THANKSGIVING DAY IN SIX YEARS! From morning to night, crowds like these . . . THE FIGURES TELL THE STORY! RUNNING AHEAD OF "TIN PAN ALLEY'S" THANKSGIVING GROSS... AND BEATING "CHARLEY'S AUNT"! the0tibl«r featured relies. Paramount today sued Bob Burns in Federal -court, seeking $32,738-dam- ages allegedly incurred in preparing "Joan of Arkansas," scheduled to start Nov. 3, in which, according to the complaint, Burns refused to ap- pear. • The shorts subject branch of the Academy of M. P. Arts & Sciences last night reelected Pete Smith chair- man. Gordon Hollingshead, Jules White and Smith were reelected to the executive committee. The group wired Mrs. Besa Short of Interstate Thea- tres, Dallas, commending her efforts in behalf of shorts. Personal Mention Federal Writ Halts 'Tobacco Road' Ban Hammond, Ind., Nov. 26.— Federal Judge Thomas W. Slick today entered a temporary restraining order to pre- vent the City of Hammond from ban- ning a road company from presenting "Tobacco Road" at the Paramount here. He set Friday for a hearing on whether the order should be made permanent. The company, which had scheduled six performances, beginning tomorrow, asked the restrainer after Mayor Frank R. Martin threatened to "stop the show if obscenities were used." Balaban Due from Coast Tomorrow Hollywood, Nov. 26. — Barney Bal- aban, Paramount president, will leave by plane for New York tomorrow af- ter studio conferences. Stanton Grif- fis, chairman of the executive com- mittee, and Austin Keough, general counsel, will leave tomorrow by train. Preston with Interboro Lew Preston, for the past seven years with the Endicott Circuit, Brooklyn, has resigned to join the Interboro Circuit, in charge of the Bay Ridge and Bensonhurst territory under the personal direction of Stan- ley Kolbert. VyiLLIAM F. RODGERS is * v scheduled to , leave the Coast today for New York. Phil Laufee, publicist at Loew's Criterion here, and Mrs. Laufer, leave tomorrow for a two-week va- cation in Florida. • John A. Schwalm, manager of the Northio Rialto, Hamilton, O., is visit- ing in Pennsylvania. • Irving Martin, publicist . for the Stanley Theatre, Baltimore, is spend- ing the weekend in Richmond. • Joseph Forte, manager of War- ners' Parker, Darby, Pa., will be feted at a testimonial party to mark his elec- tion as president of the local Lions Club. C1 J. A. MCCARTHY, Southern and * • Canadian sales manager for Uni- versal, has left for Dallas, and! is due back next week. Alfred Hitchcock is expected from Hollywood today. Arthur Greenhlatt has arrived in Hollywood. Richard Lane, ventriloquist, makes his professional debut at the Roxy to- morrow. He is a nephew of Irving Ludwig, manager of the Skouras' For- est Hills. • Les Kaufman, head of the Fanchon & Marco advertising and publicity de- partment, St. Louis, is in charge of the newspaper division of the St. Louis Civilian Defense Committee. Mayer Far Eastern 20th-Fox Sales Head Charles E. Mayer, now manager for 20th Century-Fox in the Dutch East Indies, with headquarters in Batavia, has been named supervisor for the Far East, covering Japan China, the Philippines, Federated Malay. States and the Dutch East In dies, with headquarters in Manila Mayer, now here, will leave next week for his territory, Mayer replaces A. G. Doyle, who will return from Manila to the home office soon for a new assignment. BROADWAY PLAYS "GRAND-SCALE SMASH HIT!" — Life Magazine GERTRUDE LAWRENCE in the Musical Play "LADY IN THE DARK" ALVIN.52 Sti W. of B'way— Mats. Wed.'& Sat. 'Valley' Campaigns Judging on Tuesday The five winners in the "Sun Val ley Serenade" exploitation contest con ducted by 20th Century-Fox will be decided next Tuesday, it is disclosed by A. M. Botsford, the company's ad- vertising and publicity director. The judges are scheduled to meet at Toots Shor's Restaurant. The theatre man agers or advertising men adjudged the winners will each be given two trips to Sun Valley. 'U' Party Follows 'Flying' Premiere Universal was host at a supper party at the Hotel Astor last night follow- ing the premiere of "Keep 'Em Fly- ing" at the Criterion. The party was in honor of Army Air Corps and re- cruiting officers and their wives who were guests at the premiere. "A GREAT SHOW — Herald Tribune 50c, $1 & $1.50 np0luhsigthaexr 2ND YEAR — 2ND EDITION of the _ Sensational Musical Icetravaganza IT HAPPENS ON ICE at America's Only Ice Theatre Center Theatre, Rockefeller Center. CO. 5-5474 Eves, except Mon. Mats., Sun., Thurs. & Sat. 501 Seats for Every Perf. 50c. EVGS. AT 8:40 CORRECTION! M-G-M TRADE SHOWING "BABES ON BROADWAY" The New Date is * December 5th / Dec. 2nd for New York \ \ and New Jersey Districts I Shift W.B. Theatre Men in Phila. Zone Philadelphia, Nov. 26. — Several changes in Warner theatre manage- ment have been made here. George Kemble, former manager of the Ori- ent here, has been shifted to the Le- voy, Milleville, N. J., replacing Harry Orlow, moved to the Clementon, Cle- menton, N. J. Harold Branson has been moved from the Leader to the Diamond, replacing Gerald Weissler, promoted to the Columbia, in place of John Sassenroth, shifted to the Orient. In Pittsburgh, Kenneth Robertson, former manager in State College, Pa., has been named assistant advertising manager for Warner Theatres here, assisting James Totman. Price Increases Not ' Ur gen f : Ohio I.T.O. Columbus, Nov. 26. — The ITO of Ohio deferred action at the organization's conven- tion here today on a proposal recommending general in- creases in admission scales throughout the state. The convention committee which considered the proposal held that the need for general ac- tion is not urgent at this time and recommended that the subject be left open for dis- cussion at a later date. Huss Is Cincinnati Variety Club Heat Cincinnati, Nov. 26. — F. W Huss, president of Associated The- atres, Inc., has been elected chie: barker of the local Variety Club, tcj succeed William Onie. Andrew J j Niedenthal and William Devane\ were named first and second chie: barkers, respectively. Saul M. Green berg was reelected property master and Peter Niland was named dougl guy. Canvasmen, in addition to Onie Arthur Frudenfeld, Allan S. Moritz Joseph J. Oulahan and Harry J. Wes-| sel, past chief barkers, are : James J Grady, Harris Dudelson, Nat Kaplan Al Kolitz, Albert Weinstein, Huss Niedenthal, Devaney, Greenberg and: Niland. The installation dinner will bt held next Monday. Seek Age Limit Rise On N.O. Child Price New Orleans, Nov. 26. — A move to obtain half-price admission for children until they are 17 years old has been started by the New Orleans Federation of Clubs. Children are now admitted for half price only until the age of 12. The Federation maintains that chil- dren under 16 cannot work and earn money to pay the present price be- cause of existing laws. Prints Go Out on New Trailer for Defense Prints of "Pots to Planes," three- minute trailer on the reclamation of scrap aluminum for airplane manufac- ture, produced by the Office for Emergency Management Film Unit, have been shipped to exchanges throughout the country under the au- spices of the Motion Picture Com- mittee Cooperating for National De- fense. Priorities Hit Frisco House Renovations San Francisco, Nov. 26.— Priori- ties are hindering numerous local! deals for new neighborhood houses plus several repair deals. Aaron Gold- berg, owner of a local circuit, ha.' dropped plans to remodel the Egyp- tian. Golden State circuit's Granada has been without a marquee since July, owing to inability to get steel to finish a job started at that time. Fox West Coast's California, down- town, has a torn-up lobby and half- finished marquee, for the same reason. English Film to World "Laburnum Grove," produced in England by Basil Dean, and starring Edmund Gwenn, will open at the World Theatre on Monday. Dismiss Ben Roman Suit The $250,000 damage action of Ben Roman against Paramount, charging breach of an oral contract on two eissues, was dismissed yesterday by N. Y. Supreme Court Justice Dineen after a three-day trial before a jury. Louis Nizer represented Paramount. The two films were "Morocco" and The Spoilers," on which Roman claimed to have the rights in the New York Metropolitan area. MOTION PICTURE DAILY (.Registered U. S. Patent Office) Published daily except Saturday, Sunday am 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 j. F'inestone, 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,1 London." All contents copyrighted 1941 by Quigley Publishing Company, Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. En- tered as second class matter, Sept. 23, 1938 at the post office at New York, N. Y., under the act of March 3. 1879. Subscrip- tion rates per year $6 in the Americas and $12 foreign. Single copies 10c. IT'S THE SAME WITH PICTURES...FOR NEW YEARS! Why buy an unknown quantity when you can get the picture that ; BROKE EVERY HOUSE RECORD AT THE WARNER, MILWAUKEE i OUTGROSSED "DIVE BOMBER" AT THE STRAND, NEW YORK DOUBLED "DODGE CITY" BIZ AT THE ROGER SHERMAN, NEW HAVEN Motion Picture daily U.S. Decree 'Unworkable' Myers Says (Continued from page 1) that it was written without exhibitor approval and said there are many de- fects in its makeup. "Any way you look at the decree, the consenting companies can choose their own selling method after June 1, 1942," Myers declared. Myers, in expressing hopes for the success of the all-industry unity meet- ing at Chicago, Dec. 9, said that it of- fered exhibitors the opportunity of formulating a trade practice policy which would be acceptable to them and to the distribution companies and which might replace the consent de- cree. In discussing the unity movement, Myers emphasized the industry's need for a united front to protect itself against unfair taxation. P. J. Wood, secretary of the ITO, submitted a report to the convention which showed that 110 exhibitors in replying to an organization question- naire on experiences with the decree selling system had charged one or more distributors in the Ohio terri- tory of violating the decree by de- manding the purchase of short sub- jects and newsreels in advance of dis- cussions of feature picture deals. Others charged that distributors had refused to sell them subsequent pic- ture blocks unless the prior blocks were bought first. All officers of the organization were reelected and only two changes were made in the directorate. The new directors are Henry S. Fickinger and Willis Vance. The convention adopted a resolution expressing appreciation to M-G-M for conducting an exhibitor forum on trade building problems in connection with the convention. NSS Talks Union Pact Motion Picture Laboratory Tech- nicians Union, Local 702, this week started negotiations with National Screen Service for a contract cover- ing laboratory workers, the union disclosed yesterday. About 13 men are involved, it was said. No FCC Power to Halt Theatre News Washington, Nov. 26.— The FCC reports that it has an- swered an inquiry from a Maine theatre owner that there is no provision in the Communications Act or FCC regulations to prevent a radio receiver being linked to the- atre sound equipment for am- plifying of newscasts by a lo- cal broadcasting station. The exhibitor was not named. The commission made no mention, however, of a recent injunction granted to Mutual against Muzak, Inc., prevent- ing the latter from picking up World Series broadcasts and transmitting the description over its own leased lines to restaurants and hotels. Providence Police Bureau Upholds Garbo Film Ban (Continued from page 1) cation of Loew's State yesterday, stated he based his action on the Le- gion's condemnation. This was be- tore he had seen the picture at the M-G-M exchange in Boston. The Bureau acted today after receiving a confidential report from Cowan after he had seen the picture. The Providence Journal in an edi- torial today censured Cowan, stating in part : "The Legion of Decency is perfectly proper and perfectly valid in rating pictures and making its recom- mendations for the information and guidance of its members. In doing this, it is using moral suasion. "But it is something else again when the officials of a community, who are servants of people of all faiths and creeds, invoke the police power to enforce the recommendation of a sectarian organization and im- pose the judgment of this organization as the official judgment, backed by the police authority. "The police censor and the Bureau of Police and Fire are to be blamed for this wrongful exercise of power. They have made it to appear that a private sectarian organization is the censor of this moving picture. We have not seen the picture but we feel that the principle of public authority involved in the issue is the important thing." An editorial expressing similar views appeared in . today's Brown Daily Herald, Brown University un- dergraduate publication. Jack Simons, manager of Loew's State, received instructions from the home office to withdraw all advertis- ing on the film, but a company state- ment added that "this does not mean we have no intention of showing the film in Providence." Amplification of the statement was refused. The cen- sorship action has received page one prominence in the Journal and Eve- ning Bulletin. Hollywood, Nov. 26. — M-G-M ex- ecutives today declined to comment on the action of the police censor in Providence in holding up "Two-Faced Woman." RKO Makes Further Sales Staff Changes (Continued from page 1) Sam Gorelick, Chicago sales manager, was named to succeed Osserman. Emmet Cashman, home office rep- resentative, has been promoted to the post of assistant to William Dahler, in charge of sales approval for the Eastern division. A. A. Schubart, manager of ex- change operations, announced a re- alignment of territories for other home office representatives. Jack de Waal will be in charge of New York, Philadelphia, Pittsburgh and Wash- ington ; Dan Nolan, Boston, New Ha- ven, Albany, Buffalo and Toronto; A. F. Braeunig, Cleveland, Cincin- nati, Indianapolis and Detroit ; John B. Wangberg, Charlotte, Atlanta, Dallas, Memphis and New Orleans ; William A. Burke, Chicago, Milwau- kee, St. Louis, Kansas City and Den- ver ; Elmer Sedin, Minneapolis, Sioux Falls, Omaha, Des Moines and Okla- homa City ; and J. J. Schmitzer, Los Angeles, San Francisco, Portland, Seattle and Salt Lake City. Senate Film Probe Is Off Indefinitely {Continued from page 1) there are "too many pressing matters" pending in Congress for the committee to resume its propaganda investiga- tion. Isolationist members of the sub- committee have refused to say that the probe has folded, but nothing has been done since the hearings recessed Sept. 28 nor have any of the allegedly prop- aganda pictures been screened despite repeated promises of committee mem- bers to see them. Shift Metro Showing M-G-M will trade show "Babes on Broadway" on Dec. 5 instead of Dec. 9, as previously scheduled. In New York the film will be shown on Dec. 2, along with "Dr. Kildare's Victory" Final Pleas Monday In Crescent Trial (Continued from page 1) not a violation of the Sherman Act," the brief stated. Citing the Interstate Circuit case in Texas, the brief declared: "This does not mean that the defendant dis- tributors may also agree with their customer to impose restraint on the freedom of a third party in the oper- ation of the latter's own business." In a "summary of argument," Uni- versal and U. A. suggested that "the principles proposed by the Govern- ment" that "yielding to buying power" in the choice of customers is illegal or wrong involve the court in judicial legislation of far reaching conse- quences." Rodgers Slated as Minn. Suit Witness (Continued from page 1) company is anticipated. Loew's is the only company not selling in the state at this time. Home office attorneys foresee no difficulty in obtaining a trial of the criminal informations first despite re- ports from St. Paul that the coun- ty attorney there would insist upon trial of the equity action brought by the consenting companies in an effort to obtain an injunction against en- forcement of the Minnesota law ahead of the criminal cases. The latter are regarded by distributor counsel as 3ffering the quickest and most defini- tive test of the constitutionality of the Minnesota law. F.C.C. Newspaper Hearing Off to Dec. 4 Washington, Nov. 26. — Hearings on newspaper ownership of radio sta- tions scheduled for tomorrow were postponed until Dec. 4 by the FCC to- day. The postponement was ordered to give counsel time to prepare exhib- its to be submitted. Mexico Made 273 Films in 11 Years Mexico City, Nov. 26.— The Association of Mexican Pic- ture Producers reports that from 1930 to Aug. 31, 1941, this country made 273 features. The modern phase of the in- dustry began in 1930 with the production of the first talking films. Only two features were made in that year, the next poorest to 1940, when the out- put was but 27. It is predicted that 1941 will end with the completion of about 40 fea- tures. Johnston Holdings Reported by S.E.C. Washington, Nov. 26. — The acqui- sition of common shares by W. Ray Johnston, president of Monogram Pictures, has been reported by the Security and Exchange Commission in a report on transactions. Johnston received an aggregate of 959 shares of Monogram common stock in August as payment on a| loan, giving him a total of 24,232 shares held direct, while through Monogram Film Distributors of Kansas City he acquired 1,918 shares,, disposing of them as payment of a; loan ; through Monogram Pictures of Cincinnati he acquired 3,285 shares, and through Monogram Pictures of| St. Louis 1,778 shares. In the same company, John W.' Mangham, Atlanta, director, acquired 5,670 shares of common through Monogram Southern in June, 1,03C shares in July and 5,571 shares in Au- gust; Howard W. Stubbins, director, acquired 2,588 shares through Mono- gram Pictures of California and; 1,295 shares through Monogram Pic- tures of the Northwest in August, and in the same month Charles W. Trampe Milwaukee, director, received 2,306 shares from Monogram Midwest Film Co. in settlement of a debt. Meehan Holdings Reported A late report for June showed that Michael J. Meehan acquired 8 shares of Keith-Albee-Orpheum pre- ferred stock and sold 16,023 shares tc Radio-Keith-Orpheum Corp., leaving him with 63 shares at the close of the month, and a report on closed-end in- vestment companies showed that Robert R. Young, director in Pathe Film, disposed of 6,500 shares of Pathe common stock in September, leaving him with 13,997 shares. Reports on holdings of persons be- coming officers or directors of regis- tered corporations showed that Wil- liam F. Rodgers, vice-president, held no Loew's, Inc., securities direct but held 67 shares of common stock- through a holding company when he became an officer Sept. 3. Salutes to WHN on Increase in Power WQAM, station owned by the city of Miami, will salute WHN tonight in honor of the latter's going to 50,000 watts tomorrow. The Republic of Cuba will honor WHN by special broadcasts over its long and short wave stations tomorrow, and WWRL, New York, will have a salute pro- gram tomorrow evening at 10:45. ■rsdav, No\ ember 27, 1941 Motion Picture Daily Squadron' at $6,400 Tallies Best in Seattle Reviews Seattle, Nov. 26. — "International uudron" at the Orpheum took $6,- t. Other grosses were down. "The (tie Foxes" at the Fifth Avenue Mv $7,100. The weather was cold dry- £stimated receipts for the week end- I Nov. 21 : -nilm' Through" (M-G-M) con Over Her Shoulder" (ZOth-Fox) -iLl'E MOL'SE— (950) ( 30c - 40c -58c- 70c > 7 Es 2nd week. Moved from Fifth Avenue, ts: $3,600. (Average. $4,000) he Little Foxes" (RKO) lying Cadets" (Univ.) "I FTH AVENl"E-(2,500) (30c-40c-58c- ) 7 davs. Gross: $7,100. (Average, $7,000) cull Never Get Rich" (Col.) llery Queen aad the Perfect Crime" .1 BERTY — (1,800) (30c-40c-58c-70c) 7 *s. 3rd week. Gross: $5,600. (Average, «"> ienky Tonk" (M-G-M) .IL'SIC BOX— (950) (30c-40c-58c-70c) 7 4th week. Moved from Paramount. o>s: $3,200. (Average, $4,000) itematioival Squadron" (W. B.) fhe Smiling Ghost" (W. B.) )RPH EL" M— (2,450) (30c-4i>c-5Si o>s: $6,400. (Average. $6,000) op Sergeant Mulligan" (Mono.) ailors on Leave" (Rep.) 'ALOMAR— (1.500) (20c-30c-40c) age: Vaudeville. Gross: $5,200. e. $5,000) iirth of the Blues" (Para.) harlie Chan in Rio" (ZOth-Fox) PARAMOUNT — (3,050) (30c-40c-58c) / ry>, 2nd week. Gross: $5,900. (Average (000) days. 7 days. (Aver- Heaven* Gets Big $12,500 in Toronto j Toronto, Nov. 26. — "One Foot in eaven" stepped up to $12,500 at the 'nperial, while "You'll Never Get frich" proved a popular draw at hea's Theatre with $12,300. ' Estimated receipts for the week end- jg Nov. 22: rhe Maltese Falcon" (W. B.) >EGLINTON — (1,086) (18c-30c-48c-60c) 6 w.ys, 4th week. Gross: $4,000. (Average Foot in Heaven" (W. B.) | IMPERIAL— (3,373) (18c-30c-42c-60c-90c) 6 I Us. Gross: $12,500. (Average. $9,000) ' 3miLn' Through" (M-G-M) Tar' § e S3 O y-l ^ «4* CM +J ■*-» co .C bo bo 5" u "S 2 co a rr o 2rt «-e O a £v is o « ffl S^^-i CO rt * a H co •HQ co n-/ bo **< V i-h <0 CO 0} *r 5-3 co 45 $ * § O co g ~ f ■§ * £ 2 ffl J- CO bo-H 5^5 »5 to < CO to > •2 fc« E.2^ §? bo fi ft °< Q.2.2 o Eo & _ Mfa s j ,S3 CM ■ofl =J OQ 2? c CO >.b O C o B *r ft s is /-s o in -St ffl* 2^ E^ § S fa C 8 w 13 •rr cm " n 1° CS S SQ §2 CM •-1 cm O JT ^ — "5 to to to w ■a ^ t ^ pie 3 CO CO * ^"3 J. CO ■3 3 CO O £ 3 ° o -w a oi rH Co fa— ,S o ■w 5 CO S • O fo 10 .2 E° 2 2 « fa CrS 3 c ^ 2 u o to to •c. on * - cy o k-3 1 <° 2 ^? a-s|| c-co 0)2 •-•fa •"2 ° S 2 a E ^ O r-l k3 ffl ■Is •o co a cm C ^ CM urx O On fa - tj JS Q 2 CO T3 fa ww o «u h-)ffl us Si CM g 3 > S3 ^ to < to o a CO i-i -3 5^^2 •a co q ffl t3 s • ~ CM M O ^ M i— I .A ^» CO ^- ^ o> M c2 to c3 ° 2d" t; i ^. •a cs S ♦ bO 3«So o M2 Eo IS S boP a ^ 2 bo J-E ?5 ^ S3 E l ^ 2 a o * 3 r; «> o M ale fa O o CO CO bo .« co w « 2 a o 4) to •a co_ ** CO o ^> ° .2« co pKn a o--s-' ■op 2 a o O 2 CJ u co a s Pfa ^ CJi (0 2 co y> «S§s7 1) >rt . ■«■ ■3 3^2 a co a^ C 5fa § •a iv H ^ I O ciS^l •a w a to O ^ o co ^3 ^> a 2 §3 a a ^ CO S C3 V fa^te;^ a |tq t> cu 5 B-'X ?) CO « CM § MX 53 CO — ^ iJCM -a > coil; .5f"ncM^3 'w a .a co co -2 "s 3 cm te) a ^ co cd N CO i-i 1- m to O u ffl^c^ 2 O «»5; &CO o fa CO 5? ^ g T oo g; wWt§ 2 P"i » ^53 bo a w 3 s g'Z ^ 2 o U 3/-s °0 S3) ^ h(,*3t O co .5 w to SI 3 i-l •5^ ^ 3 3Q ov ' a o X f 5 -a S3) ci a» a IS -2 go C3 te) 53 8 2 o 00 cj ^ ON •-1 rsday, November 27, 1941 Motion Picture Daily ,atins,' Show 'ull $28,000, Philadelphia I ii iladelph ia, Nov. 26. — Combina- | of Artie Shaw's band on the stage lie Earle with "Two Latins From Mhattan" on the screen brought a >28,000. The Thanksgiving holi- I has been deferred here until Nov. mid the national observance meant K to any of the downtown houses, .stimated receipts for the week end- Xov. 18-21 : ■geant York" (W. B.) JJINE— (1.400) (46c-57c-75c) 7 days, 5th k. Gross: $11,000. (Average, $9,000) uILV Through" (M-G-M) RCADIA— (600) (35c-46c-57c) 7 days, 2nd Gross: $4,200. (Average. $2,600) e Chocolate Soldier" (M-G-M) )YD— (2,400) (35c-41c-46c-57c-68c) 7 days, ps: $13,000. (Average, S13.000) 'o Latins from Manhattan" (Col.) \RLE — (4.000) (35c-41c-46c-57c-68c) 7 Vaudeville including Artie Shaw's kestra. Orrin "Hot Lips" Page. Dave Igh, Georgie Auld, Les Robinson, Jack iv, Paula Kelly, Jack Conniff, The Col- s, and Bob Dupont. Gross: $28,000. .erage, $14,000) •y Me That Town" (Para.) AY'S— (2,190) (15c-29c-35c-46c-57c) 7 s. Vaudeville including Dian Rowland, ■cellita, The Three Sailors, Richard e. Jim Wong Troupe, Eddie Shayne & rlotte Armstrong, Gae Foster Roxyettes Billy Klaiss' orchestra. Gross: $6,900. erage, $6,900) Dt Spot" (ZOth-Fox) OX— (3,000) (35c-41c-46c-57c-68c) 7 days, kss: $13,000. (Average. $13,000) ie Feminine Touch" (M-G-M) U\RLTOX— (1,000) (35c-41c-46c-57c-68c) 6 s. 2nd run. Gross: $4,300. (Average, ■0') ou Belong to Me" (Col.) :i:iTrTS— (2,200) (35c-41c-46c-57c-68c) 6 s. 2nd run. Gross: $3,500. (Average, »>) nholy Partners" (M-G-M) TANLEY— (2,700) (35c-41c-46c-57c-68c) 7 ■s. Gross: $10,500. (Average. $14,000) id Lands of Dakota" (Univ.) TANTOX— (1,700) (35c-46c-57c) 7 days. : $6,000. (Average, $4,500) Soldier' and Show Big in Milwaukee Milwaukee, Nov. 26. — A twin tge bill — Blackstone the Magician d Major Bowes' Prize Winners of 41 — with the film, "Swing It Sol- Br" connected for $12,900 at the verside. "It Started with Eve" and 5adlands of Dakota" drew $11,800 ; the Warner. 'Estimated receipts for the week end- 's Nov. 19-20: Veek-End in Havana" (20th-Fox) ireat Guns" (ZOth-Fox) PALACE— (2,400) (33c-44c-55c) 6 days, d week. Gross: $4,000. (Average, $4,000) .milin' Through" (M-G-M) Tie Feminine Touch" (M-G-M) 5TRAXD — (1,400) (44c-65c) 6 da i900. (Average, $1,500) t Started with Eve" (Univ.) Jadlar.ds of Dakota" (Univ.) WARXER-(2,400) (30c-40c-55c) IJX'Ss: $11,800 (Average, $4,500) ,rhe Chocolate Soldier" (M-G-M) *lan at Large" (20th-Fox) WISCOXSLX— (3,200) (33c-44e-55c) 6 davS «-oss: $8,700 (Average, $5,500) Swing It Soldier" (Univ.) RIVERSIDE — (2,700) (30c-40c-50c) 7 days ■-a%e: Blackstone the Magician and Ma r Bowes' Prize Winners of 1941. Gross 2.900 (Average. $6,500). rs. Gr lys Sue on Accident Deaths Buffalo, Nov. 26. — Mrs. Jennie Jaimo and Mrs. Johanna Metildi, -hose husbands were killed May 1, 940. in the collapse of a theatre on hich they were working in Canan- aigua._have brought suit for damages f $76,500 each. They allege the state ailed to inspect the work properly. Texas' and 'Rich' Hit in Los Angeles With $31,500 Gross Los Angeles, Nov. 26. — "Texas" and "You'll Never Get Rich" scored well here, with a total of $31,500, tak- ing $16,000 at the Hillstreet and $15,- 500 at the Pantages. Other grosses were fair. Estimated receipts for the week end- ing Nov. 19 : "Hot Spot" (20th-Fox) "Small Town Deb" (20th-Fox) CHIXESE— (2,500) (33c -44c -55c -75c) 7 days. Gross: $8,600. (Average, $12,000) "Sundown" (U.A.) 4 STAR— (900) (44c-55c) 7 days. 5th week. Gross: $3,000. (Average, $3,250) "Citizen Kane" (RKO) HAWAII— (1100) (33c-44c-55c-75c) 7 days, 5th week. Gross: $6,500. "Texas" (Col.) "You'll Never Get Rich" (CoL) HILLSTREET— (2,700) (33c-44c-55c-75c) 7 days. Gross: $16,000. (Average, $6,500) "Hot Spot" (ZOth-Fox) "Small Town Deb" (ZOth-Fox) LOEWS STATE— (2.700) (33c-44c-55c-75c) 7 days. Gross: $12,000. (Average, $14,000) "Texas" (Col.) "You'll Never Get Rich" (CoL) PAXTAGES— (3,000) (33c-44c-55c-75c) 7 days. Gross: $15,500. (Average, $7,000) "Birth of the Blues" (Para.) PARAMOUXT— (3.595) (33c-44c-55c-75c) 7 days, 2nd week. Stage: Freddie Martin. Gross: $18,000. (Average, $18,000) "Blues in the Night" (W.B.) "You Belong to Me" (Col.) WARXER BROS. (Hollywood) (3,000) (33c-44c-55c-75c) 7 days. "Belong" 2nd week. Gross: $12,500. (Average. $14,000) "Blues in the Night" (W.B.) "You Belong to Me" (Col.) WARXER BROS. (Downtown) (3,400) (33c-44c-55c-75c) 7 days. "Belong," 2nd week. Gross: $12,900. (Average: $12X00) 'Girls,' Ben Bernie Cincinnati Leaders Cincinnati, Nov. 26. — "Three Girls About Town" and Ben Bernie took $13,400 at the Shubert. "Birth of the Blues" gave the RKO Albee $13,500. "The Maltese Falcon" grossed $11,000 at the RKO Palace. Estimated receipts for the week end- ing Nov. 19-22 : "Birth of the Blues" (Para.) RKO ALBEE— (3,300) (33c-40c-5Oc) 7 days. Gross: $13,500. (Average. $12,000) "The Maltese Falcon" (W.B.) RKO PALACE— (2,700) (33c-40c-50c) 7 days. Gross: $11,000. (Average, $10,000) "Three Girls About Town" (Col.) RKO SHUBERT— (2,150) (33c-40c-50c) 7 days. Stage: Ben Bernie and acts. Gross: S13.400. (Average, $10,000) "Sergeant York" (W.B.) RKO CAPITOL— (2,000) (40c -50c -60c) 7 days. 8th week. Gross: $5,800. (Average, at 33c-40c-50c, $5,500) "One Foot in Heaven" (W.B.) RKO GRAXD— (1.500) (33c -40= -50c) 7 days. 2nd week. Gross: $3,600. (Average, $5,000) "South of Tahiti" (Ur'v.) "Nine Lives Are Net Enough" (W.B) RKO LYRIC— (1.400) (28c-40c) 7 days. Gross: $2,400. (Average. $4,500) "Top Sergeant Mulligan" (Mono.) "The Lonesome Rider Ambushed" (P.R.C.) RKO FAMILY— (1,000) (15c-28c) 4 days. Gross: $1,100. (Average, $1,200) "Spooks Run WDd" (Mono.) "Jesse James at Bay" (ReD.) RKO FAMILY — (1,000) (15c-28c) 3 days. Gross: $800. (Average. $800) "Unholy Partners" (M-G-M) KEITH'S — (1.500) (33c-40c-i:0c) 7 days. Gross: $4,700. (Average, $5,000) Leaves PRC Exchange Chicago, Nov. 26. — Charles H. Mil- ler has resigned as manager of the Producers Releasing Corporation ex- change here to return to Superior Pic- tures. Inc.. as general manager of the company's Midwest exchanges. He is succeeded by George Topper, former exhibitor, who recently bought t the Chicago PRC franchise. 33 Comerford Men In Nation's Service Scranton, Nov. 26. — The honor roll of the Comerford Circuit here, including the- atre employes in the armed services of the country, now totals 33 men. 'Sundown' $13,000 Is Providence Best Providence, Nov. 26. — "Sundown" and "Ellery Queen and the Murder Ring," a new program at Loew's State, got $13,000. "Birth of the Blues" on a dual took $8,000 at the Strand. Estimated receipts for the week ending Nov. 18-20: "It Started with Eve" (Univ.) "Week-End for Three" (RKO) RKO- ALBEE— (2,239) (28c-39c-50c) 6 days, 2nd week. Gross: $6,500. (7-day average, $6,000) "Sundown" (U.A.) "Ellery Queen and the Murder Ring" (Col.) LOEW'S STATE— (3,232) (28c-39c-50c) 7 days. Gross: $13,000. (Average, $11,000) "Appointment for Love" (Univ.) "Never Give A Sucker An Even Break" (Univ.) MAJESTIC— (2,250) (28c-39c-50c) 6 days. Gross: $7,100. (Average, $7,000) "Birth of the Blues" (Para.) "The Pittsburgh Kid" (Rep.) STRAND— (2,200) (28c-39c-50c) 7 days, 2nd week. Gross: $8,000. (Average, $6,000) "Nine Lives Are Not Enough" (W.B.) FAY'S— (1,800) (20c-33c-44c) 7 days. Stage show with Harriett Walker; Don Rice; Clierie and Tomasita; Bobby Longdon; Ted Lester; Fenwick and Coooke; and Al jahns orchestra. Gross: $6,200. (Average, $5,000) "Zis-Boom-Bah" (Mono.) M ETROPOLITAX— (3.045) (30c-39c-55c- 75c) 3 days. Stage show with Dolly Dawn and her Orchestra; Desi Arnaz; the Mills Brothers; Al Trahan; Martez and Delita. Gross: $6,800. (Average, $5,000) "Sergeant York" (W.B.) CARLTOX— (1,526) (44c-55c-65c) 7 days, 3rd week. Gross: $5,300. (Average, $3,500) 'Held Back the Dawn" (Para.) (3 days) "Harmon of Michigan" (Col.) (3 days) "New York Town" (Para.) (4 days) "Down in San Diego" (M-G-M) (4 days) EMPIRE— (1,200) (20c-28c) 2nd run. Gross: $1,700. (Average, $1,800) week days. 'Touch' Sets Pace In Buffalo, $12,000 Buffalo, Nov. 26. — All houses did fairly well in the short week before Thanksgiving. "The Feminine Touch" and "Unholv Partners" at the Buffalo drew $12,000. Estimated receipts for the ending Nov. 20: "The Feminine Touch" (M-G-M) "Unholy Partners" (M-G-M) BUFFALO— (3,489) (35c-55c) 5 Gross: $12,000. (Average, $12,000) "Sergeant York" (W.B.) GREAT LAKES-(3,000) (35c-55c) 5 days, 3rd week. Gross: $7,000. (Average, $7,500) "Week-End in Havana" (ZOth-Fox) "Henry Aldrich for President" (Para.) HIPPODROME— (2,100) (35c-50c) 5 days, 2nd week. Gross: $5,000. (Average, $6,800) "Target for Tonight" (W.B.) "Major Barbara" (U.A.) TWENTIETH CENTURY — (3,000) (35c- 55c) 5 days. Gross: $7,300. (Average, $7,500) "It Started With Eve" (Univ.) "Raidirs Of The Desert" (Univ.) LAFAYETTE— (3.000) (30c-50c) "It Started With Eve" 2nd week $6,400. (Average, $6,300) 6 days, Gross: Audit Service Expands Film Audit Service, of which Sam- uel Hacker is general manager, has opened an office in Dallas, which pro- vides the company with complete cov- erage of the country, according to Hacker. Branches are in 19 cities in this country and in Toronto. Hacker has been identified with the industry for 10 year's, and formerly was with First National, Columbia and Repub- lic. 'Business' Is Chicago High With $44,000 Chicago, Nov. 26. — Week-end foot- ball crowds and Thanksgiving Day aided grosses considerably. The Chicago with "Unfinished Business" and Orrin Tucker's band on the stage took $44,000. "Chocolate Soldier" took $18,000 at United Artists. Estimated receipts for the week ending Nov. 20: "International Lady" (U.A.) "Niagara Falls" (U.A.) APOLLO— (1,400) (30c-40c-59c) 7 days. Gross: $6,200. (Average, $5,CO0) "Unfinished Business" (Univ.) CHICAGO — (4,000) (35c-55c-75c) 7 days. Stage— Orrin Tucker Band. Gross: $44,000. (Average, $32,000) "You'U Never Get Rich" (Col.) GARRICK— (1,000) (35c-55c-75c) 7 days. Gross: $5,500. (Average, $5,000) "Flying Cadets" (Univ.) ORIENTAL — (3,200) (25c-35c-40c-50c) 7 days. Stage — "The Beachcombers" unit. Gross: $20,000. (Average, $16,000) "All That Money Can Buy" (RKO) "Swing It Soldier" (Univ.) 6 days "Suspicion" (RKO) "Week-End For Three" (RKO) 1 day ' PALACE — (2,500) (30c-40c-60c) 7 days. Gross: $15,000. (Average, $13,000) "New York Town" (Para.) "Badlands of Dakota" (Univ.) ROOSEVELT — (1,500) (30c-40c-59c) 7 days, 2nd week. Gross: $11,000. (Average, $11,000) ''Sergeant York" (W. B.) STATE-LAKE— (3,700) (40c-44c-55c-75c) 7 days, 4th deek. Gross: $20,000. Average, $14,000) "The Chocolate Soldier" (M-G-M) UNITED ARTISTS— (1,700) (30c-40c-S9c) 7 days. Gross: $18,000. (Average, $14,000) 'Man,' Show Good Kansas City Tally Kansas City, Nov. 26. — "Man at Large," plus "George White's Scan- dals of 1941," on the stage of the Tower, drew a strong $13,000. "The Maltese Falcon" took $10,000 at the Newman. Estimated receipts for the week ending Nov. 19-20: "Hot Spot" (20th-Fox) ESQUIRE — (800) (30c-44c) 8 days. Gross: $2,400. (Average, 8 days, $2,600) "The Chocolate Soldier" (M-G-M) "Three Girls About Town" (Col.) MIDLAND — (3,600) (30c-44c) 7 days. Gross: $7,000. (Average, $8,500) "The Maltese Falcon" (W. B.) NEWMAN — (1,900) (30c-44c) 9 days. Gross: $10,000. (9-day average. $9,000) "Father Takes a Wife" (RKO) "Parachute Battalion" (RKO) ORPHEUM — (1.900) (30c-44c) 7 days. Gross: $4,500. (Average, $5,000) "Mar. at Large" (Z&th-Fox) TOWER— (2,200) (30c-50c) 7 days. Stage: "George White's Scandals of 1941." Gross: Shi. 1)00. (Average, $6,000) "Hot Spot" (ZOth-Fox) UPTOWN-(2.000) (30c-44c) 8 days. Gross: $4,000. (Average, 8 days. $4,500) Mexican Firm Starts First of Six Pictures Mexico City, Nov. 26. — Production has started on the first of a series of films by Mexico-Espana Films, S. A., new Mexican Company organized by Gen. Juan F. Azcarate, ex-chief of the Army Air Service, just before he left for Berlin, where he is Mexican Minister. The picture is "La Isla de la Pasion" ("Island of Passion") and concerns Clipperton Island, an islet in the Pacific that was a bone of contention between Mexico and France. The film is to be released this Win- ter. It is the first of six that Mexico- Espana will make in the1 1941-42 sea- son. ANTICS/ ro*. ANY «">'eNCB ! sV With JINX, the magazine cover beauty pre-sold by millions of dollars worth of publicity! And BERT GORDON, the Mad Russian, known to millions of radio fun fans! RELEASED DEC. 4th MOTION PICTURE DAILY 50. NO. 106 NEW YORK, U.S.A., FRIDAY, NOVEMBER 28, 1941 TEN CENTS Joston Bans Garbo Film; Pa. Approves 'roducer Ass'n Discusses Situation with Hays Boston yesterday banned "Two- laced Woman," M-G-M's new reta Garbo picture, following tbe sample set by Providence, as criti- ism of the film arose in other •jarters. The situation was - a hajor topic at a meeting of the Association of Motion Picture 'roducers in Hollywood, attended y Will H. Hays and several com- any presidents. City Censor John J. Spencer of >oston banned the picture after a rivate showing. He stated : "After iving careful consideration to the neme and content, I feel that the film objectionable, and permission will (Continued on page 4) ^gree to Appeals Ruling in K-B Case Stipulations by all parties involved n the K-B Amusement Co. clearance omplaint, agreeing to accept the Na- tional Appeals Board decision in the jase without further action, were sub- mitted yesterday, ending an incipient Inove by the complainant for recon- sideration of the case by the appeals hoard. I The application for a reconsidera- tion was the first to be made under (Continued on page 5) Metro Executives To Chicago Today M-G-M's home office delegation Mill leave today for Chicago to attend f.he company's mid-season sales con- erence for district and branch man- agers at the Blackstone Hotel begin- ling tomorrow. In the home office delegation are : T. J. Connors, Howard Dietz, E. K. 3 Shea, Si Seadler, William Fergu- son, E. W. Aaron, A. F. Cummings, M. L. Simons, Joel Bezahler, H. M. Richey, Harold Postman, Tyree Dil- ard, Art Schmidt, J. A. Gove, I. Hirsch, C. Deesen, W. Madden and I. Helfont. William F. Rodgers, vice-president and general sales manager, will arrive in Chicago from the Coast tomorrow to conduct the meeting, which may continue into Monday. Goldwyn Uncertain Of Future Release; Is Pleased with RKO By SHERWIN A. KANE While stating that he does not know what his future distribution arrange- ments will be, Samuel Goldwyn yes- terday paid high tribute to the RKO sales or- ganization o n his arrival from the Coast. Goldwyn plans to remain in New York until the end of next week. He will not discuss future distribu- t i o n arrange- ments w h i 1 e here, he said. His two-picture d i s t r i b u tion deal with RKO will be fulfilled with the delivery to the company of his latest production, "Ball of Fire." The picture will be previewed at the RKO (Continued on page 5) Samuel Goldwy]! OPM Asks Studios For Materials List Hollywood, Nov. 27.— All pro- ducers have been asked to prepare inventories and a list of items they use which are on priority or may become so, for forwarding to the OPM Division of Civilian Supply for determination as to future orders. Studio executives have been informed of short- ages and told to prepare lists for "balancing needs against what is available." 20th-Fox Fights Use Of Film Title on Song Declaring 20th Century-Fox is ready to make a test case of the "pernicious activity" of using the titles of popular pictures as titles of songs, Edwin P. Kilroe, copyright attorney for the company, has written the Lincoln Music Corp. concerning (Continued on page 8) Warner Bros, Year's Profit Is $5,429,302 Warner Bros. Pictures, Inc., showed a net operating profit for the fiscal year ended Aug. 31 of $5,429,302, after all deductions, which is almost double the $2,747,- 472 for the previous year, Harry M. Warner, president, reported yesterday. Earnings were equiva- lent to $1.36 per common share, compared with 63 cents for the 1940 period. Gross income, after elimination of inter-company transactions, was $102,- 293,170, compared with $100,337,092 the previous year. Write-offs of negative film costs again was accel- (Continued on page 4) CBS Seeks F.C.C. License For Commercial Television By EDWARD GREIF Despite the uncertainty of the im- mediate future of television, which will depend in large measure on the priority status given the new indus- try in Washington, CBS has applied for a commercial license from the FCC, Adrian Murphy, CBS executive director of television revealed yester- day. CBS has been meeting all the re- quirements of a commercial permit since July 1 by operating on a regu- lar 15-hour weekly schedule under a program test authorization and has not opened its programs to commer- cial sponsorship heretofore. The network is in agreement with others in the industry that color tele- (Continued on page 8) Walker Toastmaster For Dinner to Silver Albany, Nov. 27. — James J. Walker, former Mayor of New York, will be toastmaster at the testimonial dinner to be given for M. A. Silver by the newly organized local Variety Club at the Ten Eyck Hotel on Dec. 8. A local committee making arrange- ments for the dinner includes : S. H. Fabian, chairman ; Myer and Louis Schine, Mike Kallet and William Smalley. Among those expected from New York are Joseph Bernhard, Harry Kalmine, Ben Kalmenson, Roy (Continued on page 4) Place Ceiling On Film Rental For Dominion Expect Monday Will Be Effective Date Toronto, Nov. 27. — A ceiling has been placed on film rentals in Canada under the Dominion's price control law for wartime, trade of- ficials here learned today. Details of the regulation were not available immediately and it was not known late today at what level rentals have been frozen. There was con- siderable speculation in the trade as to whether the ceiling designated is the prevailing price level for films or some other standard, such as the pre- vailing rentals of a year ago or the average for a period of years. Indications are that the trade will be formally advised of the regulations promptly, however, inasmuch as the orders establishing price ceilings gen- erally in the Dominion is scheduled to become effective Dec. 1. It is be- lieved that the order applying to film rentals is intended to be effective simultaneously. The ceiling on admission prices set by the Canadian War Time Price and Trade Board several weeks ago was the maximum charged during the per- iod from Sept. 15 to Oct. 11. A level has also been placed on wages. BVay Grosses Big; 'Suspicion' Strong Broadway's first runs scored im- pressive grosses this week, with the impetus of capacity business during the greater part of the Thanksgiving weekend. It was a smash week for two films, "Suspicion" at the Radio City Music Hall and "They Died With Their Boots On," at the Strand. Reports from key cities in states celebrating Thanksgiving Day yester- ( Continued on page 5) ITO Accepts Bid To Unity Meeting The New York ITOA has accepted the invitation of the Allied States unity committee to attend the all-in- dustry conference in Chicago on Dec. 9, it was disclosed yesterday following a meeting of the local group at the Hotel Astor. Harry Brandt, presi- (Continued on page 4) 2 Motion Picture Daily Friday, November 28, 1 S.A. Films Give New Competition to U. S. Films produced in Latin America today offer greater competition to Hollywood in Latin American countries than do German or French films, it was stated by Fred Lange of Paramount's foreign department, on his return yesterday from a trade sur- vey in Central and South America. He said Mexican and Argentine pictures are in- creasingly popular. Theatre business is excellent in the territories he visited, he re- ported. Grierson Gets Full Commissioner Post Montreal, Nov. 27. — John Grier- son has been appointed National Film Commissioner of Canada for three years, it was announced today by J. T. Thorson, Minister of War Services. Grierson had been acting commis- sioner, but now will devote all his time to the post as head of the National Film Board. It is expected that the Dominion's program of public infor- mation films promoting travel, com- merce and the like will be carried on more extensively. NEW YORK THEATRES RADIO CITY MUSIC HALL 50th St. & 6th Ave. CARY GRANT . JOAN FONTAINE "SUSPICION" An RKO-RADIO Picture ON THE GREAT STAGE: "NICE GOING" — Leonidoff's gay spectacular revue. Symphony Orchestra under the direction of Erno Rapee. 1st Mezzanine Seats Reserved Circle 6-4600 CLAUDETTE COLBERT RAY MILLAND BRIAN AHERNE in Paramount'8 "SKYLARK IN PERSON HARRY JAMES AND BAND Extra: RAY BOLGER PARAMOUNT mmea Square BARBARA HENRY STANWYCK • FONDA 'YOU BELONG TO ME' PLUS A BIG BS%VV Ave. STAGE SHOW KwA T & 50th St. PALACE B'WAY & 47th St. 'BAD MEN OF | 'INTERNATIONAL MISSOURI' I SQUADRON' 20th Century-Fox presents "HOW GREEN WAS MY VALLEY" United QPW A| | Broadway Artists HIT W la I at 49th St. Continuous Pop. Prices. Midnight Shows Personal Mention [ R. GOLDING, Fabian division 1— '» manager, and Charles Smak- witz, Warner Theatres executive in Albany, have been named production managers for the city's official Christ- mas celebration. • Robert Goldstein of WMCA is recovering from a tonsil operation at LeRoy Sanitarium. • George Burow of the Guaranty Trust Co. has returned from the Coast. • Frank Kovaletz, manager of the Granada Theatre, Olyphant, Pa., re- cently became the father of a son. F\AVID ROSE, Paramount man- aging director for Great Britain, sailed from Lisbon yesterday and is due in New York about Dec. 6. • Val Lewton, story editor for Davtd O. Selznick, has left for the Coast after a New York visit. • Rita Andre arrived from London yesterday. Gilbert Kanour, film critic of the Evening Sun, Baltimore, is recovering from a broken ankle. Alfred Hitchcock is in town from from the Coast. Knoepfle Reelected By Cincinnati Club Cincinnati, Nov. 27. — Rudy Knoe- pfle, Republic salesman, has been re- elected president of the Cinema Club of Cincinnati, and Peter Niland suc- ceeded himself as secretary and treas- urer. Al Kolitz was named first vice- president, suceeding Marc Cummins, and Lef Bugie was chosen second vice-president, replacing Joseph Mc- Knight. Trustees selected were : Irving Sochin, Milton Gurian, Wil- liam Devaney, John Eifert, Ross Wil- liams and McKnight. The installation dinner will be held Feb. 20. First USO Camp Unit Opens in Alabama The USO-Camp Shows circuit had its premiere last night with the open- ing of "Follow the Crowd" at Camp Claiborne, Alexandria, Ala. Tonight "Funzafire" will open at the Naval Air Station, Norfolk, Va. "Ada Leon- ard and her All-American Girl Re- vue" will bow tomorrow at Pine Camp, Watertown, N. Y., while "Beachcombers of 1942" will open at the same time at the Navy Yard, Bremerton, Wash. Four more shows will open next week on the circuit of 206 Army camps and Naval stations. 'Tobacco Road' Shuns Hammond on Threat Hammond, Ind., Nov. 27. — Though armed with a Federal court restrain- ing order to combat Mayor Frank Martin's threat to close "Tobacco Road" if obscenities were presented, the touring company packed up today and moved to St. Louis. The show was to have gone on tonight for six performances at the Paramount Thea- tre. Fear that the Mayor's protest would cause the show to play at a loss was given as the reason for the change in plans. Sues WB on Bioff Money Gertrude Pelham, who claims to own 100 shares of Warner Bros, com- mon shares, sued yesterday in N. Y. Supreme Court, seeking an accounting of monies paid by the company to Will iam Bioff and George E. Browne. This is one of several similar suits filed against the companies involved. Lubin Host to Press Arthur Lubin, director of "Keep 'Em Flying," Abbott and Costello picture, will be host today to the press at his Essex Hotel suite. Tax, Labor Mexico Theatre Problems Mexico City, Nov. 27. — One of the most serious problems facing the op- erators of Mexico's 1,009 theatres is taxation, both in the amount of the impost and in its calculation. It is ex- pected that early next year exhibitors will petition for a reduction in the tax rate and simplification of the method of calculation. Labor expense is also a problem, but little can be done, it is believed, since labor organizations are particu- larly strong in the country. Some ef- fort is being made by the Government to protect employers. The tax is 15 per cent of gross receipts for the Mu- nicipal Government and nine per cent of the remainder for the Federal Gov- ernment. Payments, made daily, are computed on the basis of seating ca- pacity. Thus, a 3,000-seat house charging 50 cents pays tax on $1,500 daily gross, whether that actually is attained or not. This sometimes re- sults in an actual daily tax of 50 per cent, and on the average amounts to 25 to 35 per cent. With the opening of the Cine In- surgentes, seating 4,000, and the re- opening of the Cine Palacio, there are 69 houses operating in Mexico City. 2 Rochester Houses Ask Assessment Cut Rochester, Nov. 27. — A reduction of $300,000 is sought by the Rochester Palace Corp., operator of the Palace Theatre, in the $828,000 city assess- ment on the house. B. F. Keith Corp. and Moore- Wiggins Co., Ltd., owners of the Temple Theatre, seek a $119,- 700 reduction on a $469,700 assess- ment. New Chicago Office Is Opened by RKO Chicago, Nov. 27.— The formal opening of the new RKO exchange building here today attracted an es- timated 500 persons, including film men and exhibitors, who visited the offices during the day. Representa- tives were present from the home of- fice. F oulk Joins Paramount Hollywood, Nov. 27. — R o b e r t Foulk, formerly with George Abbott and more recently dialogue director at Warners, will join Paramount Jan. 5 as assistant to William Meiklejohn, supervisor of talent and casting. Newsreel Parade A NUMBER of military subjc •fl are in the weekend issues, incL ing the arrival of U. S. arms' in Mideast, the arming of merchant sh here, survivors of the "Reuben Jam in New York, and tank and parach demonstrations. The full contentsi MOVIETONE NEWS, No. 24— U. S.' supplies in Iran. Survivors of the "Reu" James" in New York. Train wreck Mississippi. Netherlands Minister Lou talks in Washington. Gun crews train ! ships armed. Parachute drills at Fort B ning, Ga. 20th Century-Fox basket team wins title. Horse race in Austr; Monkey performs in Australia. NEWS OF THE DAY, No. 222— "Reu James" survivors. U. S. supplies in Ii Vichy army chief buried. Manhatt; opera season opens. Merchant ships an here. Tank demonstration at Fort Le\ Wash. Fordham-St. Mary's, Giants-R skins football. PARAMOUNT NEWS, No. 27— Am can plane supplies in R. A. F. dep. U. S. arms unloaded in Iran; war mate en route to Russia. Opera season opens New York. Chilean president dies. Ns tanks at Fort Lewis, Wash. Paramo-. News picks "All-American" football te; RKO PATHE NEWS, No. 27— Milit supplies arrive in Iran. "Reuben Jam survivors in New York. RAF war stc in England. Train wreck in Mississii Navy arms U. S. merchant ships. Soldi in Hawaii have a party. Air cadets drill Randolph Field, Tex. Water skiing Miami. Metropolitan Opera opens r season. UNIVERSAL NEWSREEL, No. 3) U. S. supplies in Mideast. Speed arming U. S. ships. "Reuben James" survivors New York. Confiscated guns crated h for England. Parachutists at Fort B ning, Ga. Tanks at Fort Lewis, Wa Mississippi train wreck. Girls and hats Seaside, Ore. Navy -Princeton, Fordha St. Mary's football. Photophone Closes Florida Circuit Da RCA Photophone has closed a l newal deal with Florida State Tl atres, Inc., for the servicing by RC of the circuit's 100 houses, accordi to W. L. Jones, RCA national servi manager. Negotiations were handl by Jack Dumestre, RCA Atlanta rt resentative, and M. C. Talley, tre; urer of the circuit. Mrs. Mabel Bigelow Dl Hollywood, Nov. 27. — Mrs. Mat Cooper Bigelow, 36, mother of Jack Cooper, died early today following lingering illness. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday a holidays by Quigley Publishing Compai' Inc., 1270 Sixth Avenue, Rockefeller Cent I New York City. Telephone Circle 7-3P' Cable address, "Quigpubco, New York." M ! tin Quigley, Editor-in-Chief and~ Publish. Colvin Brown, Vice-President and Gene Manager; Watterson R. Rothacker, Vi President; Sam Shain, Editor; Alfred F'inestone, Managing Editor; James Cron, Advertising Manager; Chicago Bure; 624 South Michigan Avenue, C. B. O'Ne Manager; Hollywood Bureau, Postal Uni Life Building, William R. Weaver, Editc Leon Friedman, Manager; London Bur«/ 4 Golden Square, London Wl, Hope W Hams, Manager, cable address "Quigpub. London." All contents copyrighted 1941 Quigley Publishing Company, Inc. Otl Quigley publications: Motion Pictv Herald, Better Theatres, Internatiorr Motion Picture Almanac and Fame. Ef tered as second class matter, Sept. 23. 19 at the post office at New York, N. |1 under the act of March 3. 1879. Subscri tion rates per year $6 in the Americas a,« $12 foreign. Single copies 10c. Maybe it isn't the funniest picture ever made...but^weVe never seen (or nla'de) ^ a funnier one! 4 Motion Picture Daily Friday, November 28, 1 Boston Bans Garbo Film; Pa. Approves (Continued from page 1) not be granted for any showing- in the theatres of Boston." Meanwhile, the Pennsylvania cen- sor board approved the film, which opened at the Boyd, Philadelphia yes- terday, but in a special message to the MPPDA asserted that it "looks with disapproval on this type of pro- duction." Commenting on the board's action, Mrs. Edna R. Carroll, chair- man, remarked that "the situations in the film are more silly and impossible than fallacious, in the opinion of the board." Yamins Bars Film Nathan Yamins, former president of Allied States Association, said he would "make no attempt" to show the picture at any of his six Fall River, Mass., theatres because of the "C" rating given it by the Legion of De- cency. Bishop James E. Kearney of Roch- ester warned Catholics in his diocese against seeing the film, which is scheduled to open a week's run today at Loew's Rochester. His warning was contained in a letter to pastors which referred to the picture as "im- moral, indecent and impudently sug- gestive." In Providence, where opposition to the film was touched off by the ac- tion of police censors in refusing to license it because of the Legion of De- cency rating, the Better Films Council of Rhode Island met to consider ac- tion in the situation yesterday, but made no public announcement. Dietz Defends Picture The New York Times today pub- lishes a statement in which Howard Dietz, M-G-M advertising and pub- licity director, defends the picture. It follows : "We have read Archbishop Spell- man's statement. It is regretted that the Legion of Decency has seen fit to condemn this picture. It has al- ways been our endeavor to produce quality motion pictures which will not offend good taste or decency. There is no exact science in the production of motion pictures. People do at vari- ous times differ as to the effect of a given line or scene, particularly in a picture such as this, which is a com- edy and designed primarily to amuse. "It is only fair to point out that the picture "Two-Faced Woman," was presented to the Motion Picture Pro- duction Code Authority and received an approval seal from that organiza- tion. It has likewise been presented to all state censorship boards and, with slight alterations in a few cases, had been passed by every one for pub- lic presentation. Also, the National Board of Review of Motion Pictures has classified the film as 'especially worth seeing and above the average.' " In_ Hollywood, Hays said the "mat- ter is under consideration" but de- clined comment on the situation at this time. M-G-M studio officials also declined to be quoted in any way. It was learned that Hays had as- sembled data on the picture prior to the meeting of the Producers Ass'n. Film Industry Ranked 14th In Business Volume in '37 The motion picture industry ranked 14th in volume of business for 1937 and 11th in total assets among Amer- ican industries, according to a com- pilation made by Dr. Leo C. Rosten, analyst, from recent Securities and Exchange Commission surveys of 18 leading industries. The figures, however, do not include public utilities, railroads, communica- tions, textiles, insurance companies, banks and some other industries. Had these been included, it was pointed out, the position of the motion picture industry would be proportionately lower on the list. Rankings Listed Dr. Rosten's industrial ranking by volume of 1937 business was as fol- lows : 1. Oil Refiners $4,122,155,556 2. Steel 2,847,988,476 3. Meat Packing- 2,719,084,404 4. Automobiles 2,604,667,667 (excluding Ford) 5. Mail Order Houses 1,038,598,068 6. Chain— Grocery, Food 1,028,195,100 7. Department Stores 1,003,406,953 8. Cigarette Manufacturers... 938,922,674 9. Chemicals and Fertilizers.. 934,084,497 10. Tires and Rubber Products 784,723,113 11. Chain— Variety 782,866,328 12. Agricultural Machinery.... 598,196,252 Containers and Closures... 455,371,874 Motion Pictures 406.855,095 (includes theatre and distribution operations of majors, excluding United Artists) Rank by total assets: 1. Oil Refiners $6,880,858,481 2. Steel 4,181,765,978 3. Chemicals and Fertilizers.. 1,688,231,343 4. Automobiles 1,525,435,062 5. Meat Packers 825,807,223 6. Cigarette Manufacturers... 734,231,460 7. Tires and Rubber Products 724,271,752 Agricultural Machinery 691,658,262 Department Stores 662,421,723 Mail Order Houses... 544,720,716 Motion Pictures 520,950,444 However, motion picture executives are paid, both as a percentage of the net profits and as a percentage of the total volume of sales, on a scale only second to tlie top. Fig- ures are for 1937 also. Executive remuneration as a percentage of net profits 13. U4. 9. 10. 11. Department Stores 32.10% 2. Motion Pictures 18.96% 3. Meat Packers 16.11% 4. Chain — Groceries, Food 15.58% 5. Cement 14.18% The automobile industry is 18 replace priorities. Under the allocations system, pro- .ucers will be able to plan continuous •roduction schedules in 1942 for at t i s t three montlis abead and possibly )-\vice that length of time, and will (Continued on pane 13) Moskowitz, Brandt To 'Dimes' Meeting diaries C. Moskowitz, Loevv's The- atres executive, and Harry Brandt, iiead of the Brandt circuit, who are co-chairmen of the Motion Picture Committee of the 1942 March of pDimes campaign, and Oscar A. Doob, Loew's Theatres advertising and pub- licity director, who is national chair- man of publicity for the campaign (Continued on paae 13) Executive Salaries Frozen in Canada Ottawa, Nov. 30. — Finance Minister J. L. Ilsey has an- nounced that all managerial and executive salaries have been frozen at the rate estab- lished on Nov. 7. The order applies to all employes above the rank of foreman or a com- parable post. Some salary increases will be allowed but will require approval of the Minister of National Revenue if they would bring the total salary- above $7,500. Cost - of - living bonuses are prohibited to all earning more than $3,000 a year. Opposition to Garbo Film Grows; Church Leaders in Protest Further opposition to the exhibition of "Two-Paced Woman," M-G-M's new Greta Garbo picture, was voiced over the weekend. Archbishop John J. Glennon of St. Louis advised Catholic pastors in that strong Catholic community to warn parishioners that the film had been placed in the condemned classification of the National Legion of Decency and to "unite in protesting against the showing of the picture." In Hartford, Conn., Roman Catho- lic Bishop Maurice F. McAuliffe placed "Two-Faced Woman" on the church's "forbidden" list and notified all pastors in the Connecticut diocese to urge their parishioners to bovcott the film. Rex Williams, manager of Loew's in St. Louis, said that the picture will (Continued on page 10) RCA to Form New- Firm for Blue Net RCA shortly will set up a separate and wholly owned subsidiary corpora- tion to control the Blue Network, leaving the National Broadcasting Company to operate the Red Network alone, it was reported over the week- end. The purpose of the move, it was ?aid, is to facilitate the sale of the Blue Network, as required by an or- der of the FCC, enforcement of which order has been suspended indefinitely (Continued on pane 12) Ampa Would Send Unity Meet Delegate Permission to send an Ampa representative to the Allied States-sponsored all- industry unity meeting in Chicago, Dec. 9, has been asked of Abram F. Myers, Al- lied chairman and general counsel, by Vincent Trotta, Ampa president. The request points out that since one of the major ob- jectives of the unity effort is the improvement of the indus- try's public relations, the or- ganization of advertising and publicity men should have a representative at the meeting. Arbitration Cases Drop To 9 in Nov. Only nine arbitration complaints were filed in the industry boards during the month of November, the smallest number for any month since the boards were inaugurated last Feb. 1. The nine November complaints compare with an average of 16 new cases per month for the preceding nine months of the boards' operations. It brings the total for the 10 months of op- erations to 147 complaints. Last month's new cases included (Continued on page 10) O'Shea Eastern M-G-M Head, Flynn Central Rodgers Reveals Changes At Chicago Meeting Chicago, Nov. 30. — William F. Rodgers, vice-president and gen- eral sales manager of M-G-M, to- day announced the appointment of E. K. O'Shea as Eastern division manager and John E. Flynn as Central division manager. The realignment follows the resig- nation of Thomas J. Connors, East- ern, Southern and Canadian sales manager, to join 20th Century-Fox as assistant to Sidney R. Kent, presi- dent. O'Shea has been Central sales man- ager, and will be succeeded by Flynn in that post. Flynn has been district manager with headquarters in Chi- cago. Rodgers announced the changes at the company's mid-season sales meet- ing of district and branch managers at the Blackstone Hotel here. Gov't Weighs Priority for 25, 000 Television Receivers Ascap Membership Meets Here Today Ascap's first general membership meeting since the close of the radio- music "war" will be held at the Astor Hotel today and, according to fore- casts, may result in a spirited airing of grievances and criticism of admin- istrative action. The only formal business before the meeting will be ratification of by- laws changes of a minor nature, one of which will provide for semi-annual meetings for Ascap members on the Coast. Discussion from the floor is expected to occupy most of the ses- sion. By EDWARD GREIF Government priorities officials are considering aid to television during the emergency by granting manufac- turers piiorities on supplies to build 25,000 receivers and 10 television transmitters during 1942, it was learned over the weekend. Morti mer W\ Loewi, executive vice-president of DuMont, declared that "I am more optimistic about the immediate future of television than I have been for some time. All we need is a little Government backing to re- store the public's confidence." Loewi, who has made several trips to Washington in an effort to obtain (Continued mi pane 12) Crescent Decision Seen Before Xmas Federal Judge Elmer Davies has indicated to counsel in the Govern- ment's anti-trust suit against the Cres- cent circuit, United Artists and Uni- versal that he will hand down his de- cision in the case in U. S. District Court at Nashville before Christmas, it was learned here over the weekend. Final arguments and rebuttal will be entered in Nashville Federal court today and are expected to be con- cluded some time tomorrow. Columbia (Continued on page 10) Paramount Partners To Meet in Chicago A meeting of Paramount's North- ern and Western theatre partners will be held in Chicago Wednesday with Leonard Goldenson, head of theatre operations, presiding. Operating problems and product will be discussed. Among those sched- uled to attend the meeting are : Sam Dembow and Leon Netter, home of- fice executives ; John Nolan and J. J. O'Leary of the Comerford Circuit ; Sam Pinanski, Harry Nace, Earl Hudson, John Balaban, Walter Im- merman, Tracy Barham, Harry David, M. A. Lightman, A. H. Blank, Ralph Branton, J. J. Friedl and Jules Rubens. Motion Picture Daily Monday, December 1, 194 j Olsen and Johnson Show Opens Tonight Olsen and Johnson come to town tonight in another com- edy with music, "Sons O' Fun," which will be presented at the Winter Garden. The show has Carmen Miranda and Ella Logan in featured roles. Their "Hellzappopin' " is still running, in its fourth year, now at the Majestic. Legion Approves 10 of 12 New Films The National Legion of Decency for the current week has approved 10 of 12 pictures reviewed, five for gen- eral patronage and five for adults, and classified one as objectionable in part. Another was separately classified. The new films and their classification fol- low : Class A-l, Unobjectionable for General Patronage — "Fighting Bill Fargo," "Marry the Boss's Daughter," "Secrets of the Lone Wolf," "Stage Coach Buckaroo," "Underground Rustlers." Class A-2, Unobjectionable for Adults — "Double Trouble," "H. M. Pulham, Esq.," "Keep 'Em Fly- ing," "Miss Polly," "The Perfect Snob." Class B, Objectionable in Part — "Escort Girl." "The Forgotten Village" has been placed in a separate classification, with the notation that the film con- tains "several short scenes deemed im- proper for the entertainment screen." Para. Union to Join Screen Office Guild The Paramount Employes Associa- tion, an independent office workers' union, has voted to join the Screen Office & Professional Employes Guild, Local 109, CIO, it was announced Friday. It is the seventh independent group to become affiliated with the SOPEG. Others were Loew's-M-G-M, Colum- bia, RKO, 20th Century-Fox and Na- tional Screen Service, all office work- ers' unions, and the Screen Readers Guild. Roxy Year Net $36,934 Roxy Theatre, Inc., has reported net income of $36,934 for the 52 weeks ended last Aug. 28. This compares with a net loss of " $42,289 for the previous 52 weeks. Personal Mention EDWARD C. RAFTERY, United Artists president, will go to the Coast from Nashville tomorrow. Gradwell Sears, vice-president and distribution head, and Arthur W. Kelly, vice-president, arrive on the Coast today. • Rube Jackter has returned from Memphis. • Sid Rechetnik has left for a two- week Carribbean cruise. • Capt. N. L. Mower, formerly with Altec Service, is taking command of the 122nd Intelligence Company at Fort Sam Houston, San Antonio. JAMES A. MULVEY, Eastern rep- resentative and vice-president of Samuel Goldwyn, Inc., is expected back Wednesday from Florida, where he went following an appendectomy. • Nicholas M. Schenck, president of Loew's, is due today from the Coast. • Charles Skouras is here from the Coast. • Norton V. Ritchey, Monogram vice-president in charge of foreign distribution, is now in Cuba after touring South America. Set Hollywood Stage Show on USO Circuit Edward Arnold, president of the Screen Actors Guild and vice-presi- dent of the USO-Camp Shows, Inc., has announced through the organiza- tion that a Fanchon & Marco stage show is being produced in Hollywood as one of the first contributions to the entertainment program for the Army and Navy. Harry Delmar, general production manager for USO-Camp Shows, Inc., leit New York over the weekend for meetings with commanding officers in all corps areas concerning the per- formances to be given on the two cir- cuits of camp shows. He will visit Atlanta, Chicago, Omaha, San An- tonio and San Francisco. BROADWAY PLAYS "GRAND-SCALE SMASH HIT! — Life Magazine GERTRUDE LAWRENCE in the Musical Play "LADY IN THE DARK" ALVIN, 52 St. W. of B'way— Mats. Wed. & Sat. "A GREAT SHOW — Herald Tribune 50C, $1 & $1.50 N0 HIGHER 2ND YEAR — 2ND EDITION of the _ Sensational Musical Icetravaganza It happens on ice at America'9 Only Ice Theatre Center Theatre, Rockefeller Center. CO. 5-5474 Eves, except Mon. Mats., Sun., Wed. & Sat. 501 Peats for Every Pert. 50c. EVGS. AT 8:40 Coast SPG Supports N. Y. Group's Drive The Screen Publicists Guild of Hol- lywood, in a telegram made public here Friday, declared that it was "heartily in accord" with efforts of the SPG here to obtain a contract. The wire was from Lesley Mason, presi- dent of the Coast unit, to Joseph Gculd, head of the Eastern group. The New York Guild at a meeting late Thursday night voted "full ap- proval and support to a complete cam- paign of action" for resumption of ne- gotiations but no details of the "cam- paign" was disclosed. Lasky to Be Guest At Twain Celebration Hollywood, Nov. 30. — Jesse L. Lasky, who will produce "The Ad- ventures of Mark Twain" for War- ners, has left for Hannibal, Mo., where he will be guest of honor to- morrow at the annual Mark Twain celebration in observance of the fa- mous author's birthday. Lasky will be heard on a broadcast from here over Mutual starting at 5 P. M. EST tomorrow. Hold Fete Tonight For Loew-Poli Men New Haven, Nov. 30. — Nat Rubin, new manager of the Lyric, Bridge- port, and Frank Manente, new assis- tant at the Globe there, will be guests of honor at a testimonial dinner-dance tomorrow evening at the Seven Gables Inn. Both formerly were at the Loew-Poli here. Morris Mendlesohn, Loew-Poli at- torney here, will be toastmaster and greetings will be presented by Harry F. Shaw, Loew-Poli division manager, Lou Brown, Loew-Poli publicity chief, and Robert E. Russell, manager of the Poli, New Haven, and chairman of the dinner. Prices in Milwaukee' Continue to Increase Milwaukee, Nov. 30. — Local the atre admissions continue to show ger eral increases with Fox discarding th 33-cent early bird price to 1 P. M. 3 the Wisconsin and Palace in favor 44 cents, formerly the admission aft': 1 P. M. The evening price after P. M. remains at 55 cents. The Warner has boosted its for: 27-cent price before 1 P. M. to cents, to make the total 33 cents w: tax. After 1 P. M. the price is no\j 44 cents and after 6 P. M., 55 centa including tax. An increasing number of neighbor1 hood theatres also are raising thei I admissions as much as seven cents jtl provide a figure which will eliminat : handling of pennies after the tax ha! been added. Neighborhood houses, toe] have advanced the time for the Sun'i day matinee early bird admissio deadline from 4 and 5 P. M. to P. M. Trade Contributes $15,000 to RAF Fund The Royal Air Force Benevolent Fund of the U. S. A., Inc., has re- ceived a contribution of $15,000 from the film industry through the MPPDA. In a letter accompanying the contribution, Will H. Hays, MPPDA president, explained that the money represents a portion of the pro- ceeds from the distribution of the film, "Land of Liberty." Recently a sum of money from the same source was contributed to the Roll Call of the American Red Cross. Barrist Buys Two Houses for Circui Philadelphia, Nov. 30. — Davi<- Barrist, operator of the local Ritz am Mayfair theatres here, who previ- ously announced he would set up a(j independent circuit, has completed hi plans with the purchase of the Majes tic and Criterion theatres in Bridge ton, N. J. Barrist bought the houses and th commercial properties connected wit! j them from the Linker family. Th houses have been operated by therf for the past 22 years. The Airpor; here acquired last month by Barrist i j being remodeled. His circuit will b known as the Materian Theatre Corp. Preview 'U' Air Short "Cavalcade of Aviation," Universal short subject, will be previewed Dec. 11 at a luncheon given by the Ban- shees to Capt. Eddie Rickenbacker. Following that the subject will open in Dallas and Dayton, home of the Wright Brothers. Warners Sign Massey Hollywood, Nov. 30. — Warners have signed Raymond Massey to a contract calling for three pictures a year. Producer Group in Britain Invites U. S. London, Nov. 30. — American or- ganizations producing in England will be invited to join the newly consti- tuted British Film Producers Associa- tion. The association, after recent meet- ings, has drawn up a new constitution on a wider basis and will endeavor to include all active companies, it is un- derstood. March's Father Dies Fredric March and his wife, Flor- ence Eldridge, appearing on the Broadway stage in "Hope for a Har- vest," it is reported will fly to Ra- cine, Wis., this week for the funeral of March's father, John F. Bickel, 82, who died in Centralia, Wash., on Friday. Raymond Hester Dead Birmingham, Ala., Nov. 30. — Ray- mond Hester, 48, manager of the Municipal Auditorium here and wide- ly known in the theatre business, died suddenly here. His widow, his mother and a brother, Douglas, survive. Church Elevates Rossi Ercole J. Rossi, named a Righ Reverend Monsignor by order of th Vatican, is the uncle of Columbi; Sileo, wife of Jimmy Sileo, theatrica photographer. Relatives and friend : gave him a banquet last night at th' Knights of Columbus. His investiture took place at St. Patrick's Old Cathe - dral on Mott Street. Drops Shows in Dayton* Dayton, O., Nov. 30.— The RKCj Colonial here has temporarily discon^j tinued stage shows, but plans to re, sume its combination policy Dec. 26. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday an holidays by Qutgley Publishing Company Inc., 1270 Sixth Avenue, Rockefeller Centei' New York City. Telephone Circle 7-310C I Cable address, "Quigpubco, New York." MatH tin Quigley, Editor-in-Chief and Publisher'? Calvin Brown, Yice-President and Genera Manager; Watterson R. Rothacker, Vicej President; Sam Shain, Editor; Alfred I| F'inestone, Managing Editor; James A\ Cron, Advertising Manager; Chicago Bureai ; 624 South Michigan Avenue, C. B. O'Neil' Manager; Hollywood Bureau, Postal Unio-| Life Building, William R. Weaver, Editor j Le n Friedman, Manager; London Bureau I 4 Golden Square, London Wl, Hope Wi~ liams. Manager, cable address "Quigpubcc London." All contents copyrighted 1941 b Ouigley Publishing Company, Inc. Othe Ouiglev publications: Motion Pictur Herald, Better Theatres, Internationa j Motion Picture Almanac and Fame. Er tered as second class matter, Sept. 23. 193 at the post office at New York, N. Y. under the act of March 3. 1879. Subscrir tinn rates per vear $6 in the Americas an' $12 foreign. Single copies 10c. • - landav, December 1. 1941 Motion Picture Daily Girls/ Show Boston High, Pull $21,500 Boston, Nov. 30. — "Three Girls bout Town" with the "Hollywood weater Girl Revue" on the stage of ,e Keith Boston, drew a strong $21,- , for the best comparative gross. Estimated receipts for the week Hiding Nov. 19-20: "Three Girls About Town" (Col.) K.E1TH BOSTON— (2.697) (30c-40c-44c- I5c-65c) 7 days. Vaudeville, including the 'Hollywood Sweater Girl Revue." Gross: 21,500. (Average, $8,000) "It Started With Eve" (Univ.) 'Man at Large" (20th-Fox) KEITH MEMORIAL — (2.907) (30c-40c- f4c-55c) 7 days, 2nd week. Gross: $12,900. (Average, $16,000) "Dr. Kildare's Wedding Day" (M-G-M) METROPOLITAN— (4,367) (28c-30c-40c- Hc-55c) 7 days. Vaudeville, including Xa- ri.T Cugat and his orchestra. Gross: $24,- KO. (Average, $15,500) 'Week-End in Havana" (ZOth-Fox) 'Great Guns" (ZOth-Fox) PARAMOUNT— (1.797) (28c -30c -40c -44c- t5c) 7 davs, 2nd run. Gross: $9,300. (Aver- age, $7,500) i'Week-End in Havana" (ZOth-Fox) Great Guns" (ZOth-Fox) FENWAY— (1,320) (28c-30c-40c-44c-55c) 7 Jays, 2nd run. Gross: $4,600. (Average, 64.500) 'International Squadron" (W. B.) 'Unfinished Business" (Univ.) SCOLLAY— (2,500) (28c-30c-4Oc-44c-55c) 7 days, 3rd run. Gross: $3,100. (Average, - .. go) "'The Feminine Touch" (M-G-M) ! "'Ladies in Retirement" (Col.) \i LOEW'S STATE-(3,000) (30c -40c Pe- lisse) 7 days. Gross: $12,800. (Average, $12,- "The Feminine Touch" (M-G-M) : "Ladies in Retirement" (Col.) LOEW'S ORPHEUM— (2.9110) (30c-40c- *44c-55c) 7 davs. Gross: $16,200. (Average, ($17,500) 'Soldier' Good for $7,300 Cincinnati |i| Cincinnati, Nov. 30. — "The Choc- fcolate Soldier" registered $7,300 at the RKO Grand, while "Shadow of the fThin Man" grossed $13,500 at the j RKO Albee. "Sergeant York" con- tinued strong in its ninth week at the . RKO Capitol with $5,300. Estimated receipts for the week ending Nov. 26-29 : ■ "Shadow of the Thin Man" (M-G-M) RKO ALBEE— (3,300) (33c-40c-50c) 7 Mays. Gross: $13,500. (Average, $12,000) "Suspicion" (RKO) RKO PALACE — (2,700) (33c-40c-50c) 7 :tdays. Gross: $10,000. (Average, $10,000) "Henry Aldrich for President" (Para.) RKO SHUBERT— (2,150) (33c-40c-50c) 7 -days. Stage: "Boone County Jamboree." Gross: $11,500. (Average, $12,000) "Sergeant York" (W. B.) RKO CAPITOL— (2,000) (40c-50c-60c) 7 days, 9th week. Gross: $5,300. Average, at 33c-40c-50c. $5,500) "The Chocolate Soldier" (M-G-M) RKO GRAND— (1,500) (33c-40c-50c) 7 I days. Gross: $7,300. (Average, $5,000) "Never Give a Sucker an Even Break" (Univ). "Burma Convoy" (Para.) ,' RKO LYRIC— (1.400) (28c-40c) 7 days. J Gross : $3,600. (Average, $4,500) "I Killed That Man" (Mono.) "Let's Go Collegiate" (Mono.) I RKO FAMILY— (1,000) (15c-28c) 4 days. Gross: $1,150. (Average, $1,200) "World Premiere" (Para.) "Secrets of the Lone Wolf" (Col.) RKO FAMILY— (1,000) (15c-28c) 3 days. Gross: $900. (Average, $800) "Birth of the Blues" (Para.) KEITH'S — (1,500) (33c-40c-50c) 7 days, 2nd week. Gross: $4,200. (Average, $5,000) Extend Bennett Pact Hollywood, Nov. 30. — Twentieth Century-Fox has extended the con- tract of Joan Bennett, holding her for two more pictures. Reviews "Tuxedo Junction" {Republic) HP HIS is the type of film with which Republic attained its position in *■ the industry, a modest production, but developed so completely that it affords a fund of entertainment for the theatre audiences for which it is designed. It is commendable work. Armand Schaefer and Frank McDonald guided the production as associate producer and director, respectively. The cast includes the Weaver family, Frankie Darro, Thurston Hall, Sally Payne and others. It is a light drama concerning a group of wandering boys befriended by a farmer and his family and their clashes with a wealthy neighbor, bubbling over with civic pride. The situation finally is straightened out nicely when the youngsters bring prominence to the town of Glenvale by winning the Tournament of Roses float competition. The film bears relation to the song of the title only in that it is played and sung by the cast members briefly. Running time, 71 minutes. "G."* Eugene Arneel "Laburnum Grove" {Anglo Films) HP HE play by J. B. Priestley, "Laburnum Grove," has been trans- planted to the screen with Basil Dean as producer and Carol Reed as director. These two able Englishmen, skillfully aided by a pair of brilliant English actors, Sir Cedric Hardwicke and Edmund Gwenn, have fashioned a picture in the clever image of the Priestley play, but it is strictly "English," and appears to have limited appeal for American audiences. It is too much a play and not enough a ''moving" picture for average American audience enjoyment, despite the fact that it is performed with rare skill by the two stars. The supporting cast is unfortunately weak, not approaching the stature of the two leaders. The picture tells the amusingly satirical story of the respectable busi- nessman and suburbanite, who frightens a couple of sponging in-laws and an unworthy suitor for his daughter's hand with tales of counter- feiting, and a gang of crooks of which he is a member. They believe him, and are terrified, then as their true colors are revealed, they learn it is a hoax, and leave the scene. An extremely clever denouement dis- closes that he really was telling the truth, and is in fact a crook. His verbal sparring with a Scotland Yard detective is the film's highlight. Running time, 64 minutes. "G."* Charles S. Aaronson *"G" denotes general classification. 'Boots' Scores Big $11,900, Milwaukee Milwaukee, Nov. 30. — "They Died With Their Boots On" and "All- All-American Co-Ed" scored a strong $11,900 at the Warner. At the Riverside, "I'll Wait for You" and "Earl Carroll's Vanities" on the stage took $14,800. Estimated receipts for the week ending Nov. 26-27 : "Lady Be Good" (M-G-M) "Unholy Partners" (M-G-M) PALACE— (2,400) (44c-55c) 7 days. Gross: $5,200. (Average, $4,000) "Week-End in Havana" (ZOth-Fox) "Man at Large" (20th-Fox) STRAND— (1,400) (44c-65c) 7 days. Gross: $1,700. (Average, $1,500) "I Wake Up Screaming" (20th-Fox) "Moon Over Her Shoulder" (ZOth-Fox) WISCONSIN — (3,200) (44c-55c) 7 days. Gross: $7,700. (Average, $5,500) "I'll Wait for You" (M-G-M) RIVERSIDE— (2,700) (33c-44c-55c) 7 days. Stage: "Earl Carroll's Vanities." Gross: $14,800. (Average, $6,500) "They Died With Their Boots On" (W.B.) "All-American Co-Ed" (U. A.) WARNER— (2,400) (33c-44c-55c) 8 days. Gross: $11,900. (Average, $4,500) Singer S. F. Ad Manager San Francisco, Nov. 30. — Lou Singer, treasurer at the Paramount Theatre here, has been promoted to ad- vertising manager to succeed David Richards, who resigned to study law. 'Blues' Pulls $9,000 Gross in New Haven New Haven, Nov. 30. — "Birth of the Blues," dualled with "Henry Aid- rich for President" at the Paramount grossed $9,000 in eight days plus a midnight show Thanksgiving Eve. "They Died With Their Boots On" took $8,900 on a single feature pro- gram at the Roger Sherman. Estimated receipts for the week ending Nov. 27 : "Week-End in Havana" (ZOth-Fox) "Great Guns" (20th-Fox) COLLEGE— (1,627) (40c-50c) 7 days, 2nd week. Gross: $3,500. (Average, $2,700) "Shadow of the Thin Man" (M-G-M) "Two Latins from Manhattan" (CoL) LOEW-POLI— (3,005) (40c-50c) 7 days. Gross: $10,200. (Average, $8,000) "Birth of the Blues" (Para.) "Henry Aldrich for President" (Para.) PARAMOUNT— (2,373) (40c-50c) 8 days. Gross: $9,000. (Average, $4,500) "They Died With Their Boots On" (W. B.) ROGER SHERMAN— (2,076) (4Oc-50c) 7 days. Gross: $8,900. (Average, $5,000) l9000th Par a. Film Is Released in Sweden The Stockholm opening of the Paramount film, "The Lady Eve," marked the one-thousandth Para- mount film released in Sweden since the company began distribution in that country, according to word received at the home office from Carl P. York, general manager in Scandinavia. 'Falcon' Gets Big $33,205, Los Angeles Los Angeles, Nov. 30. — Business was approximately 38 per cent over average for Los Angeles and Holly- wood's first-run theatres for the week which opened with the Thanksgiving holiday. All theatres showed consid- erably over the houses' averages. "The Maltese Falcon," coupled with "Target for Tonight," grossed a total of $33,205 at the local Warner houses, to become the leader. Estimated receipts for the week ending Nov. 26: "The Shadow of the Thin Man" (M-G-M) "Miss Polly" (U. A.) CHINESE -(2,500) (33c-44c-55c-75c) 7 days. Gross: $14,000. (Average, $12,000) All That Money Can Buy (RKO) t-4c^TA^~(S0:>) C4c-55c) 1 days. Gross: $7,500, (Average, $3,250) "Citizen Kane" (RKO) HAWAII— (1,100) (33c-44c-55c-7Sc) 7 days, 6th week. Gross: $7,000. "Texas" (Col.) "You'll Never Get Rich" (Col.) HILLSTREET-(2,700) (33c-44c-55c-75c) 7 $6 500) 2,1,1 WeCk' Gr°SS: $8'900' (Avera^e' "The Shadow of the Thin Man" (M-G-M) "Miss Polly" (U. A.) LOEW'S STATE — (2,700) (33c-44c-55c- 75c) 7 days. Gross: $18,500. (Average, $14,000) "Texas" (Col.) "You'll Never Get Rich" (Col.) PANTAGES— (3,000) (33c-44c-55c-75c) 7 days. 2nd week. Gross: $8,200. (Average $7,000) 8 ' "Skylark" (Para.) _ PARAMOUNT — (3,595) (33c-44c-55c-75c) «n^S- ,AStage: Skinna>- Ennis. Gross: $20,(11)0. (Average, $18,000) "The Maltese Falcon" (VV. B.) "Target for Tonight" (W. B.) WARNER BROTHERS — (Hollywood) (3,000) (33c-44c-55c-75c) 7 days. Gross' $17,288. (Average, $14,000) "The Maltese Falcon" (W. B.) "Target for Tonight" (W. B.) „yA?N?R BROS. - (Downtown) (3,400) (33c-44c-55c-75c) 7 days. Gross: $15,917. (Average, $12,000) 'Flying' Is Strong; Detroit Grosses Up Detroit, Nov. 30.— The Fox, with two days' receipts from the world premiere of "Keep 'Em Flying" with the personal appearance of the stars reported $14,000 gross for the two days and $15,000 for the other five The Michigan grossed $21,000 with a split-week of two and five days. Estimated receipts for the week ending Nov. 20: "Week-End in Havana" (ZOth-Fox) Moon Over Her Shoulder" (ZOth-Fovl ADAMS-0,600) (lSc-39c-44c-5SO 7 "ys 9L°S,V J?'000' Average, $6,500) * ' Hold That Ghost" (Univ.) "Belle Starr" (ZOth-Fox) FISHER-(2,700) (15c-39c-44c-55c) 7 days Gross: $7,500. (Average, $7,000) y Appointment for Love" (Univ ) ''S!T'!^|S A-0".* T«™" (Col.) 5 days Keep Em Flying (Univ.) "VX.J'erfect s"ol>" (ZOth-Fox) vm^~(5'm)- <20c-*>c-55c-65c) ($2.20- $1.10 for premiere) 7 days. Gross- $29 000 (Average, $15,000) «ross. ^,uuu. "J"e Ma,tes« Falcon" (W. B ) Kisses for Breakfast" (W. B.) 5 davs '[Birth of the Blues" (Para.) * The Big Store" (M-G-M) Z davs •JayS-vGr,as^- ^i;000- (Average, $12,000) New York Town" (Para.) .[Barnacle Bill" (M-G-M) S days _The Maltese Falcon" (W. B.) Kisses for Breakfast" (W. B ) 2 dav« rPALALS^2'(XX)) (25c-39c-44c 55c) 7 days Gross: $9,500. (Average, $7,000) y Honky Tonk" (M-G-M) Dr. Kildare's Wedding Day" (M-G-Ml 55c^N7HED ARTISTS-^2,8<») (!XcG39M?44c- erage' ^ *U>m- \ «w\ a'/, n'A WA * Today, in Carnegie Hall, an oboe again sounds its "a". . . and the 62nd successor to Ureli Hill raises his baton before the orches- tra of the Philharmonic-Symphony Society of New York. And behind him . . . before him ... all around him ... an audience of 10,000,000 awaits the opening theme. 10,000,000 people listening to the radio on a Sunday after- noon!... More than have heard the Philharmonic within the walls of a concert hall in the hundred years of its history. What finer tribute to the world's greatest orchestra on the begin- ning of its second century? What better evidence of an America musically come of age? JllM^/WU/I^W The oscillograph registers the wave pattern of an oboe's "a" sounded by the Philharmonic's Bruno Labate. Instruments in an orchestra traditionally tune to an oboe because its accurate pitch and penetrating tone are easily caught by the human ear. 100th Anniversary of the Philharmonic-Symphony Society of New York Broadcast exclusively for the past 12 years over THE COLUMBIA BROADCASTING SYSTEM 10 Motion Picture Daily Monday, December 1, 194 1 1 Opposition to Garbo Picture Is Spreading {Continued from page 1) open Thursday regardless of the Archbishop's action, because of book- ing commitments. Williams said that there would be a routine advertising campaign in advance of the opening. Letter to Priests Archbishop Glennon made known his action in a letter to the Catholic priests in which he pointed out the film has been condemned for its "im- moral and un-Christian attitude to- ward marriage and its impudently suggestive scenes, dialogue and cos- tumes." The Archbishop also recalled the pledge of parishioners on December 15, 1940, in which they promised to do all they could to strengthen pub- lic opinion against the production of indecent and immoral films and to unite with all who protest against them. "We wish you to make known to your people the condemnation of this film which offends not only the moral law but is an insult to the decent and fair minded citizens of our city," Archbishop Glennon asked the parish priests. Criticism in Press Criticism of the film appeared in the Catholic press. The Review, Catholic publication of Baltimore serving that city and Washington, in a front-page article referring to the Legion's con- demnation of the picture, declared : It is unfit to be seen by per- sons, Catholic or non-Catholic, who depend on the National Le- gion of Decency as a guide to the movies. "The Review hereby notifies the owners and managers of theatres that the presentation of 'Two-Faced Woman' will be considered by the Catholic Archdioceses of Baltimore and Washington and others as a distinct lowering of standards and an affront to them and will be resented as such." 'Road' Cancellation By Warner Circuit Chicago, Nov. 30. — "We're in the business 52 weeks a year and we're not going to defy public opinion," Larry Stein, Warner Theatres dis- trict manager here, declared in con- nection with the circuit's cancellation of the road show of the play, "To bacco Road," in Hammond, Ind., last week. Warner officials here called off the engagement, scheduled for the Para- mount Theatre in Hammond, at the request of Mayor Frank Martin and civic groups, although a Federal court order had been obtained to prevent the Mayor from closing the show on grounds of obscenity. Stein also commented : "We can just about tell when the pressure is enough to warrant a change in our policy." The cancellation is said to have cost the circuit $h,500. The company went from Hammond to St. Louis. "HOW GREEN WAS MY VALLEY" (20th Century-Fox) "How Green Was My Valley" has a quality and distinction inadequately described by calling it one of the year's best films. — Newsweek. This is a film conceived and executed with dignity, honesty, thoroughness and superlative competence. It is a full-bodied work. It has stature and completeness ; a maximum of cinematic skill, the minimum of movie trickery. — Cecelia Ager, PM {New York). A motion picture of great poetic charm and dignity, a picture rich in visual fabrication and in the vigor of its imagery, and one whch may truly be regarded as an outstandng film of the year. — Bosley Crowther, New York Times. One of the few films of which it can be said that you will be denying your- self a rich experience by missing it. — Howard Barnes, New York Herald Tribune. One of the outstanding film productions of the year ... an extraordinarily interesting picture, one that warms the cockles of the heart. — Kate Cameron, New York News. It is a perfect production. — Lee Mortimer, New York Daily Mirror. John Ford's masterpiece ... a ruefully tender, tragic, moving story ... a beautifully composed mosaic of photography, acting, directing, writing and music. — William Boehnel, New York World Telegram. "DUMBO" (Disney-RKO) Disney's fifth feature-length cartoon is as good as his best; technically, it is a good deal better. — Newsweek. Every minute of it is sheer delight . . . "Dumbo" has replaced "Fantasia" at the Broadway, and while the latter film represents greater accomplishment in the advancement of color, sound and light as applied to the screen, the former has more charm and entertainment value than its predecessor. — Kate Cameron, New York News. Once again Walt Disney has provided a delightful treat. . . . It's a succes- sion of entertaining scenes. — Rose Pelswick, New York Journal- American. "Dumbo" is the nicest, kindest Disney yet. It has the most heart, taste, beauty, compassion, skill, restraint. — Cecelia Ager, PM (New York). A show which is so completely captivating that you will be making the mistake of your film-going life if you miss it ... a Disney masterpiece. — Hozvard Barnes, New York Herald Tribune. The most genial, the most endearing, the most completely precious cartoon feature film ever to emerge from the magical brushes of Walt Disney's wonder-working artists ... a film you will never forget. — Bosley Crowther, Neiv York Times. The color of the picture, its technical facility in sound and sight, and above all the directorial boldness and assurance of narrative are as good as anything the Disney organization has ever produced. Therefore it is with extreme regret that this reveiwer has to note a remarkable failure of the inventive imagination. — Archer Winsten, New York Post. "YOU'LL NEVER GET RICH" (Columbia) With Cole Porter music, sensible settings and a solid blend of comic nuances supplied by Guinn Williams, Donald McBride and Cliff Nazarro, "You'll Never Get Rich" is not only a triumphal return-piece for Astaire, but one of the brightest of the service pictures. — Robert W. Dana, New York Herald Tribune. The material is exceptionally good for a musical comedy and, for the most part, except when army life is exaggerated for a reason, it is believable. — Wanda Hale, New York News. A lightly diverting comedy with music has been fashioned around Fred Astaire. — New York Journal- American. The film does sag in places and it rarely matches the better of the Astaire musicals. But it keeps monotony at a reasonable minimum, and with Robert Benchley to strew the script with sheepish gags and with Mr. Astaire and Miss Hayworth out in front most of the time, "You'll Never Get Rich" makes for a gay, lively and fanciful show. — New York Times. A pleasant little musical . . . Fred Astaire dances at the peak of his form. Rita Hayworth is excellent as his latest dancing partner, and Robert Benchley amusing as the moneyed wretch in the romantic machinery. The Cole Porter score is merely adequate. — Newsweek. "ALL THAT MONEY CAN BUY" (RKO) A ticklish job for adaptation to the screen, it has been handled with skill and good humor by Producer-Director William Dieterle . . . definitely superior cinema. — Time. Whether or not it clicks at the box-office, this 1936 Saturday Evening Post short story that won the O. Henry award is certain to prove an unusual experience for the critical moviegoer and add to the prestige of both RKO and William Dieterle, producer-director. — Newsweek. A film so beguiling that the devil himself couldn't resist it. — Donald Kirkley, Baltimore Sun. One of the year's outstanding achievements. — Gilbert Kanour, Baltimore Evening Sun. A rare motion picture achievement ... an absorbing novel and generally entertaining work. — Howard Barnes, New York Herald Tribune. By all the signs and portents, it should be one of the best pictures of the year. — Bosley Crowther, New York Times. The picture, under William Dieterle's direction, is beautifully made and finely acted by a cast that gave its best to the production. But the story is weighted with doom and is likely to have a depressing effect on a motion pic- ture audience. — Kate Cameron, New York News. Arbitration Cases Drop To 9 in Nov. (Continued from page 1) one at the Indianapolis tribunal, which was the first of record there. T\; boards, Des Moines and Seattle, s| have had no complaints. Of 59 awards made by arbitrators to date, 32 have been in favor of ex-3 hibitor complainants and 27 have been- in favor of distributor respondents. However, an appreciable number ofi cases which have been withdrawn prior to the making of awards in-i volved voluntary settlements whiclJ gave complaining exhibitors some relief. 10 Appeals Decided Of the 59 awards, 18 have been ap- pealed and 10 decisions have been made by the appeals board. Of thel latter, eight were in favor of dis-< tributors and two for exhibitors. Only 20 of the 31 local boards have complaints pending. Of the 20, nine boards have only one case pending, leaving only 11 boards with more than one undisposed of. New York con- tinues to lead in number of cases of record with a total of 27 ; Philadel- phia is second with 14, and Washing- ton third with 10. E. M. Loew Files On Boston Clearance Boston, Nov. 30. — The Boston ar- bitration boards' seventh complaint was filed yesterday by E. M. Loew's Strand, Boston, against Paramount, RKO, 20th Century-Fox and War- ners. The complaint seeks elimination of the seven days clearance over the Strand now held by the Rialto and a reduction to seven days of the 14 days clearance now held by the Bayliss over the Strand. Crescent Decision Seen Before Xmas (Continued from page 1) won a dismissal from the case at the close of trial in September. Attorneys reported that Judge Da- vies had informed them that his de- cision would be ready before he left Nashville for a Christmas vacation. The final arguments today will pre- sent the unusual circumstance of a president of one company, Edward C. Raftery of United Artists, defending another company, Universal, in the action. Raftery was retained as coun- sel by Universal, as well as United Artists, long before his recent elec- tion to the presidency of the latter company. He will be the only New York counsel at today's hearing in Nashville as his associate, Benjamin Pepper of O'Brien, Driscoll & Raf- tery, will be engaged here in prepara- tion of briefs for the coming trial of the Government action against the Schine Circuit and the Little Three at Federal court in Buffalo. Form Kentucky Firm Frankfort, Ky., Nov. 30. — The Brock Service Co., Louisville, has been incorporated here to operate the- atres. No 19. 1941 °* *<"«. to ",°*ia,'..'« Sojj and To 9*Pr£ that ~TieQ°os * *Wt •* -neat tAat x* HP t^t 09 «ttra or J *ant °>ot^> oT^ <*<>, • ' a* „ Pict. ^act *e<*2 t0 -*0°<* ••••to"" e**^ to. "id ^y^ s*w- to** S^aad »T * of i ■> you a to «lQd »«r». J •'oojt -i-**^at ei,V Bvt2i ot. "a*- Per; to «o. S2ac erej 12 Motion Picture Daily Monday, December 1, Off the Antenna WITH other independent stations in the New York area increasing their wattage, WMCA is preparing a campaign based on FCC engineering data to prove the importance of dial position. Based on these figures, WMCA will urge that the "progressive loss of power through ground absorption of signal strength among stations higher up on the dial" gives WMCA's 5,000 watts, the equivalent of much greater strength at higher frequencies. Using statistics for non-directional antenna, WMCA points out that 5,000 watts at 570 kc, the WMCA frequency, is the equal of 480,000 watts at 1,600 kc. • • • Purely Personal: Mrs. Franklin D. Roosevelt will be featured speaker on "America's Town Meeting of the Air" over N'BC-Blue Thursday. . . . Lily Pons will be guest on short wave stations WRCA and WBOS Wednesday during a Metropolitan Museum of Art lecture program devoted to opera. . . . Alfred W allenstein, IVOR conductor, has selected three of his musicians tO' lead the IVOR Symphony Orchestra as guest conductors for programs in January. They are Milton Katime, Harry Farbman and Frederick Dvonch. . . . Joan Edwards lias been chosen as vocalist on the CBS "Your Flit Parade." • • • An analysis of program material on W71NY, WOR's FM station, released over the weekend, reveals that only 5.4 per cent of its programs are the same as those of its parent station, WOR. The bulk of the material, 45.3 per cent, is high fidelity transcriptions. Mutual network programs not carried by WOR make up 29.6 per cent and W71NY originates 9.4 per cent on its own. The remaining 10.3 per cent is made up of recordings. • • • David O. Selznick will be guest on Kate Smith's noonday show tomorrow over CBS to receive the N . Y . Daily Mirror award as the "outstanding pro- ducer of motion pictures." Kenneth McCaleb, Sunday editor, will make the presentation and Selznick will be introduced by Miss Smith and Ted Collins, producer of the program. • • • Program News: Edwin C. Hill will take his program, "The Human Side of the News," heard over CBS, to the cmnual convention of the National Association of Manufacturers Wednesday and Friday for interviews with business men. . . . A series of six sustaining programs, "Defense and Your Dollar," prepared by the 20th Century Fund, will start over NBC-Blue Satur- day 3-3:15 P.M. . . . Bristol-Myers has renewed for another 13 weeks the news commentary by Frank Bingman over the NBC-Red Pacific Coast and Mountain networks. . . . Arthur Tracy, whose "Street Singer" program was notable on the networks, will return to the air Jan. 5 on 23 NBC-Blue stations 4-4:15 P.M., sponsored by Ex Lax. . . . Dogs will be offered for adoption over NBC television in a new weekly series starting Wednesday at 8 :45 P.M. • • • Rita Hay worth and Bob Hope will receive awards tonight from the Hollywood Photographers Association as the most cooperative screen performers of the year. Cecil B. DeMille will make the presentation over CBS during the "Lux Radio Theatre," 9-10 P.M. Theatre Changes U.S. Considers Priorities on Television Sets (Continued from page 1) the priority ratings, declared that re- action to the request is quite favorable and that he is "very hopeful." The plan calls for the release of materials to manufacturers for about 2,000 sets monthly. Additionally, there is a move afoot to induce the Government to purchase outright 10,000 receivers and to place them in strategic points in this city and other localities which have television transmitters. Would Aid in Training With telecasters cooperating by transmitting special defense programs, groups of civilians such as air raid wardens and similar defense organiza- tions could gather at places where sets are installed and learn their duties en masse, it was stated. Loewi places DuMont receiver sales since July 1, the date television was commercialized, at "slightly under 200." Recently, however, set sales have increased somewhat, Loewi said. He pointed out that many who would normally have purchased sets have refrained from doing so because they feared television would be forced off the air "for the duration" or that sets would be altered in the near future. The granting of priorities for televi- sion, however, would restore confi- dence and create a demand, according to Loewi. Average 14 Hours Weekly DuMont, which operates W2XWV as an experimental station, for the past two months has averaged about 14 hours of transmission weekly, he said. This has been on an irregular schedule, however, and has consisted mainly of test patterns and films. Last Thursday, a feature film was televised and Loewi is hopeful of setting up Thursday evenings as a regular night for programs as the first regular schedule for the station. The station still operates on a tem- porary antenna and hopes for delivery from the manufacturer of a permanent antenna have just about disappeared, he said. DuMont will probably build its own. Outdoor mobile equipment is ready, Loewi said, although it will not be used until a full program schedule is begun. RCA to Form New Firm for Blue Net (Continued from page 1) by the commission. However, the or- der may be reinstated at any time, and if that is done, NBC would be compelled to dispose of the Blue Net- work within six months thereafter. The new corporation set up for the Blue web is expected to make a sale easier, as all assets and liabilities of each network will be completely sepa- rated. When CBS disposed of its Artists Management Corp. recently, the fact that it was operated by a separate cor- poration made the sale easier to han- dle, while NBC, which had no such separate corporation, encountered many difficulties, and to date has failed to dispose of its artists bureau. Loew-Poli Men Are Shifted New Haven, Nov. 30. — Harry F. Shaw, Loew-Poli division manager, has appointed Nat Rubin, former as- sistant at the Poli here, to manager of the Lyric, Bridgeport following adoption by that theatre of a full-week policy. Frank Manente, former stu- dent at the Poli, New Haven, has been promoted to assistant at the Globe, Bridgeport, while Tony Masella of the Globe has been transferred to assistant at the New Haven house. Buys Out Philadelphia House Philadelphia, Nov. 30. — Henry Freedman becomes the sole owner of the suburban Lawndale, having bought out the interest of Harry Fried, who operates a group of independent subur- ban theatres. Freedman recently leased his suburban Lansdale to Warner Theatres. Open Miss. Drive-In Jackson, Miss., Nov. 30. — The new Drive-In Theatre, located east of Jackson, has opened. The new theatre will accommodate 350 cars. Under the management of the Kennington-Rich- ards Enterprises, it is the first of its type in the state. Commonwealth Acquires Three Kansas City, Nov. 30. — Common- wealth Theatres has taken over the Baxter and Ritz theatres, Baxter Springs, Kan., from J. W. Grantham. Commonwealth also has acquired the lease on the Elite Theatre in Baxter Springs, owned by Homer Garber. Shift Milwaukee Managers Milwaukee, Nov. 30. — Fox has named new managers for its Wiscon- sin and Palace, local first-run houses. Joseph Rosenfield, former manager of the Modjeska, heads the Wisconsin, and Louis Lutz, former manager at the Oriental, is the new Palace man- ager. Oakland Managers Moved Oakland, Cal., Nov. 30. — George Yost, former manager of the Dimond, has been named manager of the Pal- ace. Replacing him at the Dimond is Frank Hayward. Rebuild Burned Theatre West Point, la., Nov. 30. — Ben Brinck will have a new $12,000 theatre building to replace the one recently destroyed by fire, construction to be completed for opening at Christmas. WHN Gets Exclusive* Rights on Dodgery WHN announced over the weekend that it has obtained exclusive rights to all Brook- lyn Dodger baseball games-r next year. Old Gold Cigarettes will sponsor, through the J. Walter Thompson agency. | Red Barber will be the an- 1 nouncer. The broadcasts wi^J i start with the pre-seas^ games about March 15, afl the schedule will include an home and away - from - home I games. This is the first big WHN J contract announced since the station increased its power to 50,000 watts. House Hears FCC Official Pro-4Re< Washington, Nov. 30. — Carryl his anti-Communism campaign to t floor of the House, Rep. Martin D of Texas asserted Friday that Fi Chairman James L. Fly had evau the issue raised by the charge tH Goodwin Watson, chief FCC bro; cast analyst, is a "propagandist j Communism." "I hold in my hand unimpeacha j documents to establish the charge, si I intend to have a showdown w.J the chairman of the FCC as to | truth or untruth of this charge," D told the House. "I further charge, and I now rep'] it, that Goodwin Watson has beer propagandist for Communism and 1 Soviet Union. I have Watson's i disputed writings to prove tl charge." Fly "absolutely ignored" an offer I show him the evidence, Rep. Dies ; : serted, but replied to the charge saying that he had made an inqu i and had found the charge basele . "Instead of looking at our eviden 1 Chairman Fly wrote to me flj Goodwin Watson is a man of 1C generation American ancestry," commented. Cast of CBS Temple Holiday Series St< Warner Baxter, Robert Your Lionel Barrymore and Humphrey B. gart will be heard with Shirley Tei I pie in her series of four Christm plays Friday nights at 10 P.M., whi| start this week over CBS. The schedule follows : Dec. 5, ' Bonnet for Joan" with Baxter ; D< 12, "Mr. Ideal" with Young ; Dec. 1 "Christmas for Two" with Barr more, and Dec. 26, an unnamed pi with Bogart. Billy Artzt and a ha mony quintet, "The Quintones," w] furnish the music. Cast in *U* Serial Hollywood, Nov. 30. — Kent Ta' lor, Peggy Moran and Robert Arr strong were set today as the first ! the cast for Universal's serial bas on the "Gangbusters" radio prograi! Lupino in W. B. Picturi Hollywood, Nov. 30. — Ida Lupii: has been assigned to star in Waj ners' "The Damned Don't Cry." Tl; part originally was announced f Bette Davis. ■oJay, December 1. 1941 Motion Picture Daily 13 rodncers to Jet Allocation On Materials : (Continued from page 1) longer be required to file indi- bal applications tor different essen- ■Ajy material needs, The necessary ■'is are now being distributed, cov- m)A requirements ior the first quar- 'of next year, bteel-consuming industries already te been asked to report their needs the metal for the first quarter of 12. The needs of all industries will totaled against the available sup- £ provision will be made for mili- ^ . y needs and then, through the Sup- • Priorities and Allocations Board, L-cific quantities will be allocated to e various consuming industries, ilhe allocations system, gradually to extended to all commodities under itriction, is designed to eliminate i red tape and delays incident to the ;uring of priority ratings which of *mselves have lost value because fey have been so generously distrib- ied that instances have been uncov- ed where the top ratings alone illed for more of a given commodity an was available. The allocations to the several in- «stries will be based upon their im- artance, first from the standpoint of dense and then from that of the pub- : need, which means that the film in- Sstry will rank high. e loskowitz, Brandt To 'Dimes' Meeting (Continued from page 1) [rill attend a meeting in Washington Tomorrow of the 48 chairmen repre- j :nting the general March of Dimes Dmmittees in each state. The motion picture committee rep- resentatives will present a brochure TO each of the state chairmen in which :'ne campaign plans of the industry I 'ill be outlined. Nicholas M. Schenck, 1 Tesident of Loew's, Inc., is chairman f the Motion Picture Committee of le March of Dimes' 1942 campaign. ; c President Franklin D. Roosevelt IJWll attend the meeting and is ex- pected to speak with regard to the ...orthcoming campaign, which is in 'observance of the President's birthday Iind for the benefit of the National .j, foundation for Infantile Paralysis and ocal institutional aid for paralysis ufferers. Showmanship Flashes . . . Clergy Invited to See 'Heaven' and 'Gift' Providence, Nov. 30. — Local clergy- men were invited guests at screenings here of "The Eternal Gift" and "One Foot in Heaven." The latter was screened for Protestant ministers at Fay's Theatre, the show being ar- ranged by Edward M. Fay and Mark Larkin, the latter doing exploitation work on the feature for Warners. Robert Grossman had a special show- ing of "The Eternal Gift" for an audience of priests and prominent Catholic men and women several days in advance of his opening. Family Portrait Contest Used for 'Foot in Heaven' St. Louis, Nov. 30. — As part of the exploitation campaign for "One Foot in Heaven" at the Ambassador, Harry Crawford, manager, con- ducted a drive — through ads in the daily press — for family portraits. Tickets were awarded to those ac- cepted for use in lobby displays. Resemblance Contest Promotes 'Belle Starr' Charlotte, N. C., Nov. 30. — The Carolina Theatre here staged a con- test in exploiting "Belle Starr," offer- ing the winner a cup and entertain- ment by the local Variety Club. The contest ivas for the girl most nearly resembling Gene Tierney, star of the film. Jack Austin is manager of the house. UA Sends Xmas Packages Of 'Corsican' Ad Campaign Monroe Greenthal, director of ad- vertising and publicity for United Art- ists, has sent to the heads of the lead- ing circuits of the country sets of proofs on the advertising campaign for "Corsican Brothers," Edward Small production which will be the United Artists Christmas attraction. The sets of proofs were elaborately packaged in Christmas wrappings. Blues' Omaha Hit Getting Big $7,500 ii Omaha, Nov. 30. — "Birth of the . 31ues," with $7,500. pulled most of the inrst-run business to the recently re- >pened Paramount. The weather was :lear and cool. Estimated receipts for the ending Nov. 26-27: 'Men in Her Life" (CoL) "Secrets of the Lone Wolf" (Col.) BRANDEIS — (1,200) (30c-44c) 7 Gross: $4,600. (Average, $4,000) "Unholy Partners" (M-G-M) 'Three Cockeyed Sailors" (U. A.) OMAHA— (2,000) (30c-44O 7 days. Gross: JO.300. (Average, $6,000) »"The Night of January 16" (Para.) y ORPHEUM - (3,000) (40c-55c) 7 days. Stage: Joe Sanders orchestra. Gross: $13,400. (Average, $14,500) "Birth of the Blues" (Para.) ■"Great Guns" (20th-Fox) PARAMOUNT— (3,000) (30c-44c) 7 days. Gross: $7,500. (Average, $4,000) week days. PRODUCT DICES Product Digest? It's the very thing every manager in America has been looking for since "Covered Wagon" days. It's tops. H. L. RICHARDSON Smalley's Plain Theatre Fort Plain, New York This is my 31st year in the Theatre Business and it is the best thing that has come along to help me intel- ligently book and exploit pictures. H. E. MILLER Miller Theatre Festus, Mo. / do my booking largely by its use. R. D. PAGE Maury Theatre Mt. Pleasant, Tenn. / refer to it most every day as your files have all the information and you don't have to look elsewhere. FRANK WOLF Center Theatre Philadelphia, Pa. / can truly say that I would not be without it. GEORGE LABY Victory Theatre Holyoke, Mass. We find your Product Digest as now being compiled very easy to use. J. G. CALDWELL Princess-Caldwell Theatres Aurora, Mo. Product Digest is in constant and daily use. ART BOWMAN Star-Arbo Theatres Kansas City, Missouri OP For quick reference of necessary in formation it has no equal. W. J. WILKE 1 Liberty Theatre ^ Graham, Texas It is a great asset in every respect especially for exploitation of pic tures. Your advance reviews am tips are great. J. G. SAMARTANO Loew Poli-Palace Theatre Meriden, Conn. We appreciate very much the ac curate, advance write-ups of the fea tures. It is a time-saver when doint our bookings. J. W. RICHLEY York Theatre York, Pa. Product Digest is complete, depend able and compiled in a splendic manner. It's not idle gossip when i say we will still be using last year'i Product Digest for the next few sea sons. JOSEPH A. FORTE Parker Theatre Darby, Pa. / think the Product Digest of the MOTION PICTURE HERALD u about everything a showman could: ask for. FELIX H. TISDALE Ga-Ana Theatre Georgiana, Alabama After using the Product Digest 1 don't see how anyone could get along without it. J. A. NEUMAN Beaux Arts Theatre St. Paul, Minn. a weekly feature t . everything a Showman could ask for" it is the best system I have ever used. WALTER BUENGER Pecos & Grand Theatres Fort Stockton, Texas Product Digest is one of the biggest helps in buying, booking and exploi- tation of pictures that has ever been put before an exhibitor. C. L FIRMAGE Firmage Theatre Milford, Utah It is possible to maintain this section 1 1 with a minimum of time and effort tiand it provides a maximum amount of information indexed in such a way that it is readily obtainable. W. CALDWELL Lyrice Theatre Scottsville, Ky. The idea, the system and the method of reference of your Product Digest is excellent. HUGH W. BRUEN Bruen's Whittier Theatres Whittier, Calif. / can say that it is the most complete and satisfactory way to keep up on pictures, offered by any paper. JIMMIE REDMOND Bonham Theatre Fairbury, Nebraska ) We use this feature all of the time and find it very helpful. LYLE BRIGHTBILL Auditorium Theatre Cando, N. D. / have learned to rely so much on my binder for booking and exploitation that I would be lost without it. L. C. LAMPO Avalon Theatre Jeanerette, La. Product Digest is a great and quick help to me. O. E. BAUMAN Classic Theatre Watertown, Wis. This new department has served us very well. FRED ZEKMAN Black Hills Amusement Co. Denver, Col. The Product Digest has been a very great help to me and I have on file all the issues since the beginning of this section. WALLACE W. DEUPIN Pic Theatre Woodbine, Iowa / find myself constantly referring to the information contained in the Product Digest and as booker for this circuit it gives me the informa- tion that I must have in doing my work intelligently. W. M. GRIFFIN I. W. Rogers Theatres Cairo, Illinois Your Product Digest has proved most helpful to us in the operation of our theatres. It has proved so satis- factory that we are keeping it right up to snuff every week. LESTER J. SACK Sack Amusement Enterprises Dallas, Texas We have found the short subjects re- view section of great value. PHILLIP E. REYNOLDS Strand Theatre Phoenix, Arizona AOTION PICTURE HERALD RED HOT DRAMA , tnriinng . . . epic - . . rony inousanu neii-roarmg Mnzacr charging savagely behind long, gleaming bayonets..! magnificent direction ... nothing more thrilling on any screen!77 — says the n. y. sum Here They Come! THE FIGHTING ANZACS WITH "Everything from genuine thrills to red-blooded ro- mance — from mad, wild military charges to passion- ate love in the moonlight! Wildly dramatic!" BOSTON DAILY GLOBE "A genuinely exciting film — soul stirring . . . will send your heart right up into your mouth . . . makes Hollywood seem pale and listless by contrast . . . feel you are watching history in the mak- ing." BOSTON HERALD "Scenes of unparalleled val- our and breathless excite- ment . . . fiery romance! Unequalled in its fierce com- bats. Will go down as one of the most exciting pictures of the year." BOSTON TRAVELER "Alive with all of the ro- mance and excitement of which real motion pictures are made , . . wildly thrill- ing situations . . . amazing achievement!" WASHINGTON POST The Picture that has: "One thrill — one laugh after another . . . dialogue frank, lusty . . . has the sweet music of reality." W. WARD MARSH "STIRRING! Has tine com- bination of drama, romance and action." CLEVELAND PRESS "EXCITING! Demands atten- tion . . . welcome addition to screen." CLEVELAND NEWS "BRILLIANT" offensive ac- tions of Anzacs . . . theme has irresistible power!" N. Y. HERALD TRIBUNE "One of those rare and pleasant surprises . . . excel- ling its advance notices . . . should be seen by every news-conscious person. Dra- matically woven!" PHILA. DAILY NEWS "Rip-roaring, hell-bent. Crammed full of action." SPRINGFIELD NEWS "YIPPEE — for a brawling boisterous entertainment." NEW YORK TIMES 3 WEEKS Warners Philadelphia (Followed by entire circuit) The Picture that will Skyrocket YOUR boxoffice to a NEW high NOW in its 2nd WEEK Paramount Bkh 2 WEEKS in Washington 2 WEEKS in Boston 2 WEEKS in New York 2 WEEKS in Providence and HOLDOVERS everywhere! Nationally Distributed by GOODWILL PICTURES, 630 Ninth Avenue, New York, N. Y. Date it now through these local exchanges: — METROPOLITAN AREA, EASTERN PA. and SOUTHERN N.I ~~~ Principal Film Exchange 630 Ninth Avenue New York City 1242 Vine Street Philadelphia, Pa. UPPER N. Y., WASHINGTON, D. C, and W. VIRGINIA Equity Film Exchanges S05 Pearl Street 203 Eye Street Buffalo Washington NEW ENGLAND Harry Asher, 12 Piedmont St., Boston OHIO— INDIANA— KENTUCKY Producers Releasing Corp. Cleveland, Cincinnati, Indianapolis ILLINOIS and WISCONSIN Teitel Films, 831 South Wabash Avenue, Chicago, III. MICHIGAN Producers Releasing Corp. 2310 Cass Avenue, Detroit ATLANTA— CHARLOTTE— NEW OR LEA Affiliated Producers 164 Walton Street, Atlanta, Ga. TEXAS Adams Film Exchanges Film Exchange Building, Dallas ARKANSAS Central Film Co. 108 S. Cross St.. Lit'le Rock OKLAHOMA E. L. Walker, 9'/2 N. Lee Street, Oklahoma to the% Picture Industry tion MOTION PICTURE DAILY First in I^L^. 50. NO. 108 NEW YORK, U.S.A., TUESDAY, DECEMBER 2, 1941 TEN CENTS See Failure of Minn. Law to Afford Relief Theatre Plight Blamed On Consent Decree Minneapolis, Dec. 1. — Intima- tions that the Minnesota anti-block- ot-five law has failed to bring the relief expected of it to the State's independent exhibitors is contained in a message to members of North- west Allied issued late last week by Fred Strom, executive secretary. "Exhibitors of the nation, as well as of Minnesota," Strom wrote, "have the consent decree to thank for their present plight. In view of the inor- dinate earnings and profits of pro- ducer-distributors, no exhibitor need question any longer for whose benefit the consent decree was written. It (Continued on page 6) Arrest Nick Dean In Extortion Case Nick Dean, associate of William Bioff and George E. Browne, was ar- rested yesterday in Chicago by FBI agents after a search since last July 9, the Department of Justice announced yesterday. Dean is under indictment with Louis Kaufman for allegedly ex- torting "upwards of $1,000,000" from ii the film industry. ! Dean, also known as Nick Circella, l is being flown from Chicago to New | York, and is expected here this morn- ing to face an arraignment in Federal Court. His apprehension is expected to speed the fixing of a date for his | trial on the extortion charge. According to the Government, Dean acted as agent for Bioff and Browne in the collection of tribute money from the film industry in local situations and particularly from Chicago theatre circuits. Kaufman is free on $15,000 bail. NBC Shifts Strotz To Coast Operations In a major shakeup at NBC, Niles Trammell, president, announced yes- terday the transfer of Sidney Strotz, now vice-president in charge of pro- l grams, to Hoi lly wood, where he will be vice-president in charge of Pacific Coast operations for the network. Strotz will be succeeded by C. L. Menser, now national production man- ager, while Don Gilman, now vice- president in charge of the Pacific (Continued on page 7) Ascap 's Distribution Drops To $2,700,000 This Year Ascap's total distribution to pub- lisher and writer members for 1941 will be about $2,700,000 as com- pared with $7,000,000 for 1940, Gene Buck, president, reported at the annual meeting at the Hotel Astor yesterday. The drop was oc- casioned by the "war" with the broadcasters which began Jan. 1. Operating expenses of the organiza- tion increased from a yearly average of about $1,000,000 to $1,600,000 this year, Buck said, attributing the rise to the radio "war". Because of the set- tlement of the feud with all the net- works and many of the stations. Buck expects to distribute between $2,500,- 000 to $3,000,000 from radio in 1942. Other revenue sources should bring the total to $5,000,000, he said. Buck received a rising vote of con- fidence from most of the approximately 550 in the audience after he had ex- plained his rejection of a $35,000 an- nuity offered him by a publisher group as an inducement to retire. Buck ex- plained that he would not retire unless (Continued on page 7) Equity Disturbed at Camp Ban on 'Eileen' Paul Dullzell, Actors Equity execu- tive president, stated yesterday that the union "is very much disturbed" over the decision of Camp Shows to cancel "My Sister Eileen." Members of the cast will receive three weeks' rehearsal pay and two weeks' salary. Dullzell declared that lack of technical equipment was given as the reason for (Continued on page 7) M-G-M's 'Virginian' To Have Premiere In Lynchburg, Va. Chicago, Dec. 1. — William F. Rod- gers, M-G-M vice-president and gen- eral sales manager, announced at the company's sales meeting h e r e that the "The Vanishing Vir- ginian" will be given a pre- miere at Lynch- burg, Va., on the same broad scale given "Gone With the Wind" at At- lanta. Rodgers told the meeting, which ended to- day, that the entire organiza- tion from Nich- olas M. Schenck, president, down, ex- tends to Thomas J. Connors its best wishes for a full measure of success in his new post as assistant to S. R. Kent, president of 20th Century-Fox. A dinner was given last night as a testimonial to Connors and to wel- come John E. Flynn into the divi- sional managers' ranks. Flynn has been appointed Central division man- ager, succeeding E. K. O'Shea, who (Continued on page 6) W. F. Rodgers Congressman Demands Withdrawa I of Gar bo Film Menken to Speak at Cinema Lodge Dec, 9 Arthur Menken, Paramount News cameraman, will be guest speaker at the first Fall meeting of Cinema Lodge of B'nai B'rith, on Dec. 9 in the Grand Ballroom of the Hotel Edison, Arthur Israel, Jr., president of the lodge, announced yesterday. Menken will show "Battle for the Pacific," resume of his travels on the Far Eastern front. Another speaker will be Judge Jacob Asher, president of District No. 1 of B'nai B'rith. Rabbi Nathan Perilman of Temple Emanu-El will offer the invocation. Washington, Dec. 1. — Charging that production of "Two - Faced Woman" was an "affront to Congress in view of the industry's promises to put out no pictures offensive to good taste and decency, Rep. Martin J. Kennedy of New York today de- manded of Will H. Hays that distri- bution of the Greta Garbo picture be halted. Kennedy's letter to Hays was based on criticism by Archbishop Francis J. Spellman of New York that the film was a "danger to the public morality." The Congressman asserted that in- dustry spokesmen had promised to eliminate offensive pictures at recent Congressional hearings, and that pro- (Continued on page 6) Univ. andU.A. Not to Attend Unity Meeting Raftery Reveals Decision For Both Companies By JOHN SHUMAKER Nashville, Dec. 1. — United Artists and Universal do not intend to participate in the all-industry unity meeting sponsored by Allied States at Chicago, Dec. 9, Edward C. Raftery, United Artists presi- dent and counsel for both com- panies in the Government's Cres- cent anti-trust suit here, said today. Raftery indicated that he regarded the main object of the meeting to be an attempt to formulate a system of distribution for use "after the consent decree is thrown out." It was be- lieved that the two companies' deci- sions not to participate in the meeting was for that asserted reason. Universal officials could not be reached for comment on Raftery's statement late yesterday. Counsel Make Final Crescent Arguments Nashville, Dec. 1.— Counsel for the Government, United Artists and Universal Film Exchanges today pre- sented final arguments in the Crescent Amusement Co. anti-trust action in Federal Court here, and indications were that the case, which consumed seven weeks of trial in the Summer, would be in the hands of Federal Judge Elmer Davies by late tomorrow afternoon. With one exception, all briefs are in. Robert L. Wright, special assis- (Continued on page 6) Edmund Grainger Republic Producer Hollywood, Dec. 1. — Edmund Grainger has been signed by M. J. Siegel, president of Republic Produc- tions, to a three-year contract as a producer. He will join Republic at once. His appointment is in line with the company's intention to offer com- petition for "A" playing time, Siegel said. Grainger, son of James R. Grainger, Republic Pictures president, and nephew of Edmund C. Grainger, head of the Shea circuit, was a producer 10 years with 20th Century-Fox and Universal, and last year with Warners. 2 Motion Picture Daily Tuesday, December 2, 1941 'Twelfth Night' On Broadway Tonight The Chekhov Theatre Play- ers' production of the Shake- speare comedy, "Twelfth Night," begins a limited en- gagement at the Little The- atre tonight, after which the company will resume its road tour. The play, directed by Michael Chekhov and George Shdanoff, has in its cast Bea- trice Straight, John Flynn, Sam Schatz, Mary Lou Taylor and others. 'Pulham9 Opens in Boston Tomorrow Boston, Dec. 1. — The world pre- miere of M-G-M's "H. M. Pulham, Esq." based on the novel of the same name by John P. Marquand, will be held at the Loew's State and Or- pheum, Wednesday evening. Both Robert Young, the star, and John P. Marquand, author, will make personal appearances at the theatres. Heads Milwaukee Club Milwaukee, Dec. 1. — R. W. Baker, Paramount, is the president of the newly organized Reel Fellows Club of Milwaukee composed of film sales- men in the Milwaukee exchange territory. G. W. Edgerton, 20th Century-Fox, is secretary-treasurer. NEW YORK THEATRES RADIO CITY MUSIC HALL 50th St. & 6th Ave. CARY GRANT . JOAN FONTAINE "SUSPICION" An RKO-RADIO Picture ON THE GREAT STAGE: "NICE GOING" — Leonidoff's gay spectacular revue. Symphony Orchestra under the direction of Erno Rapee. 1st Mezzanine Seats Reserved Circle 6-4600 CLAUDETTE COLBERT RAY MILLAND BRIAN AH ERNE in Paramount'! SKYLARK IN PERSON HARRY JAMES AND BAND Extra: RAY BOLGER Times Square BARBARA HENRY STANWYCK • FONDA 'YOU BELONG TO ME' PLUS A BIG n /*% V V 7th Ave. STAGE SHOW If WAY &. 50th St. PALACE B'WAY & 47th St. Starts Tomorrow 'THE MALTESE FALCON' Humphrey Bogart — Mary Astor 'MARRY THE BOSS'S DAUGHTER' 20th Century-Fox presents "HOW GREEN WAS MY VALLEY" United B I \# ^\ I I Broadway Artists KIT W LI at 49th St. Continuous Pop. Prices. Midnight Shows Personal Mention GEORGE J. SCHAEFER, presi- dent of RKO, returned yesterday from the Coast. • Nicholas M. Schenck, president of Loew's, Inc., returned to the home office yesterday from Hollywood. • Phil Reisman, foreign head for RKO, is back at the home office. • Max Milder, Warners managing director in Great Britain, is scheduled to leave Lisbon Dec. 18 by clipper for New York. • Sam Wood is expected today from Hollywood. • Ted Aber, manager of the Para- mount, and Zena Coopersmith, have set Dec. 28 for their wedding. • Mike Wolfish of Philadelphia has left for Buffalo. • Ned S. Seckler, RKO manager in Puerto Rico, has left for San Juan. • Louis Davidson is the father of a daughter, born to Mrs. Davidson at Woman's Hospital. MATTHEW W. FOX, vice-presi- dent of Universal, is in town from the Coast. Stanton Griffis and Austin Keough have returned from a visit to the Paramount studio. • Mort Blumenstock and A. W. Schwalberg of Warners have re- turned from a visit to a number of key cities. • James P. Cunningham, news edi- tor of Motion Picture Herald, is the father of a daughter, weighing eight pounds, born to Mrs. Cunningham at Westchester Square Hospital, on Sunday. The baby has been named Nancy. • Marvin Schenck left Hollywood yesterday for New York. • Fred Caldwell, projectionist at the Avenue, Philadelphia, and Ruth Morris were married last week. • Ben Rosenthal, Columbia booker in Philadelphia, is back at his duties after an appendectomy. 'Fire' Previewed In New Rochelle Samuel Goldwyn's new production, "Ball of Fire," was previewed last night at the RKO New Rochelle, with RKO officials and trade press repre- sentatives in attendance. A. C. Exhibitor Dies Atlantic City, Dec. 1. — Services were held here yesterday for Earl H. Wiernik, 51, operator of the local Lyric, who died last Thursday at the Naval Hospital, Philadelphia, follow- ing an illness of many months. He is survived by his wife, Gertrude. 5 SERVICES DAILY VIA THE SOUTHERN SUNSHINE ROUTE TO Los Angeles IAIRCURY (Two Sections) SOUTVttRNW Tttl SUN SPIC1M. COUNTRY Art. Los Angeles • Los Angers • a 4-45 pm 1:28 am »n, £.47 am 7.47 am and 8.4/ 5:25 pm . • • • 2:55 am . . • • 9:47 am 10:55 pm . • • • 8:52 am . • • - 4:02 pm 6:30 am . ■ • - 4:58 pm ' . . ■ • i:26am AMERICAN AIRLINES One. ROUTE OF THE FLAGSHIPS Train Mishap Delays N.Y. MGM Delegates Chicago, Dec. 1. — The home office delegation to the M-G-M meeting here reached Chicago four hours late but just in time for the Saturday after- noon session which began at 3 :30 P.M. A misdirected flare, thrown on the track in front of the Twentieth Century Limited near Buffalo, caused the engineer to lock thMk brakes, putting the train oi^B of commission. The New York delegates were forced out of their staterooms and into a hastily assembled slow train at Buffalo. Dallas Variety Club Headed by Griffith Dallas, Dec. 1. — R. E. Griffith has been elected chief barker of th< Variety Club here, succeeding Pau Short. Other officers are: Claude Ezell, first assistant; W. G. Under wood, second assistant; Ted Deboer dough guy; John Q. Adams, propert} master ; Ed Rowley, S. L. Oakley Ben Ferguson, Herman Biersdorf, Joe Jack, Justin Mclnaney, R. J. O'Don nell and Short, canvasmen ; J. O Cherry and Burt King, clowns; Jacol Lutzer and B. C. Gibson, alternates New officers will be inducted Dec 15. The report of Short showed 431 members, and that the club paid of $14,000 debt for a swimming pool aiu $5,000 in other charitable obligations Also, $14,000 was spent to operati Camp R. E. Griffith, where 698 under privileged boys spent Summer vaca tions on 600 acres donated by Griffith Kann's Mother Dies At 77 of Pneumonic Mrs. Bertha Kann, 77, mother o1 Maurice Kann, editor of Boxoffice died yesterday at Post Graduate Hos- pital of pneumonia. Funeral service; will be private. Also surviving are three other sons, George E., managei Loew's Willard, Woodside, L. I. : Solly and Benjamin, the latter of Bos- ton ; two sisters and two brothers. B. & K. Party Dec. 12 Chicago, Dec. 1. — The annua Christmas dinner dance given by the Balaban & Katz Employes' Club will be held at the Stevens Hotel on Dec. 12. MOTION PICTURE DAILY {Registered U. S. Patent Office) Published daily except Saturday, Sunday am 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 F'inestone, Managing Editor; James A Cron, Advertising Manager; Chicago Bureau 624 South Michigan Avenue, C. B. O'Neill Manager; Hollywood Bureau, Postal Uniot 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 b\ Quigley Publishing Company, Inc. Othei Quigley publications: Motion Pictun Herald, Better Theatres, Internationa Motion Picture Almanac and Fame. En tered as second, class matter, Sept. 23. 193.' at the post office at New York, N. Y. under the act of March 3, 1879. Subscrip tion rates per year $6 in the Americas anc $12 foreign. Single copies 10c. uesJav. December 2, 1941 Motion Picture Daily 3 Clearance Verdict In Jersey Upheld Bv Appeals Board in A reduction to seven days of the 21- av clearance of the Cort Theatre, .. itnerville, N. J., over the Raritan playhouse, Raritan, N. J., by Paul L. '•tzpatrick, arbitrator, at the New local board in September, was L|d on appeal in a decision handed yesterday by the Appeal Board. The original award, however, set even days as the maximum "avail- hility" for the Playhouse after the ."\>rt, and the appeals board modified it by making the award read "clear- \nce" instead of availability. Of the original award, the board taid: "The arbitrator filed an able an- alysis of the evidence. His findings J kre amply supported by the record. •JtHis conclusions from these findings J ire well reasoned and persuasive. We .jrtp'ncur with him that seven days is a -I -<.asonable clearance between the Cort md the Playhouse." ~(; The complaint involved Loew's, "\ Paramount, Yitagraph and 20th Cen- ttnry-Fox, and the appeal was taken >y the intervenor, Sompru Theatre O4V0., operator of the Cort. Costs were 1 divided equally among the parties in- B&ohed. Four Buffalo Complaints #! Four complaints were filed yester- - day in Buffalo, all on phases of some " run and clearance. They are: Ryan's •' Ithaca Theatre, Ithaca, naming the - Strand, State and Temple theatres, on some run and clearance ; Clyde Play- house, Clyde, naming Schine's Capi- tal, Newark, and the Ohman, Lyons, ion clearance; Cuba Theatre, Cuba, , charging the State, Palace and Haven, Si Olean, are favored, and the Astor Theatre, naming the New Family, , , Batavia. All consenting companies ... are named in all complaints, except . 20th Century-Fox in the Batavia ac- -.. tion. Dallas Case Dismissed A complaint dismissed at Dallas was the clearance case of B. R. Mc- Lendon, operator of the Texan and State theatres, Atlanta, Tex., against I.oew's, RKO, 20th Century-Fox and : Vitagraph. The Paramount-Richards' Strand and Paramount Theatres at | Texarkana, Tex., were named as in- [ terested parties and the case attracted vide attention when E. V. Richards, ':■ head of Paramount-Richards Thea- tres, refused to submit to the proceed- ing. J. B. Adone was arbitrator. Murphy Named Aide To Braden at AAA James J. Murphy, former regional ■ lirector for motion picture tribunals West of the Mississippi for the Amer- ican Arbitration Association, yester- day was appointed assistant to the ex- ecutive director, J. Noble Braden, and will be in charge of all tribunals throughout the country. Samuel S. Perry, former Eastern regional director of the film tribunals, has been named a regional director of the AAA's defense program and will handle general commercial and indus- trial disputes. The AA also announced that Har- old D. Conners, St. Louis attorney, has been named clerk of the local board in that city, succeeding C. W, Hudson, resigned. Reviews "Ball of Fire" ( Samuel Goldwyn-RKO ) OAMUEL GOLDWYN has compounded a highly entertaining motion ^ picture from a comic romance which embodies as implausible a col- lection of characters and incidents as playwrights are likely to devise for as competent a producer in this or any other year. It provides Gary Cooper with a role which theatregoers will compare with the best of his comedy portrayals, that of a young professor who is, compiling a section on American slang for a new encyclopedia on which he is working with seven other professors. In his search for the latest in slang he is brought into contact with Barbara Stanwyck, as Sugar- puss O'Shea, night club singer, at the moment at which she is forced to hide out from the police to avoid questioning in the case involving the demise of a gangster. Her boy friend is suspected of being a factor in the case. She takes refuge in the professional sanctum, maintained by a charitable foundation. In the four days she spends in the place engaged in aiding Cooper in his research work in slang, love blossoms and the guns of gangdom are un- able to keep them apart thereafter. A numerous and uniformly excellent cast contribute rich humor, mo- ments of sentiment, incidents of suspense and even excitement, but never quite succeed in making themselves or their freak lives entirely plausible. However, the result is one that should provide a full measure of enter- tainment for all audiences and with it, profit for the exhibitor. Outsand- ing is Howard Hawks' direction, the performances of Cooper and Miss Stanwyck, those of Richard Hayden, as the gangster; Dan Duryea and Ralph Peters as his aides, Allen Jenkins and the six professors. Running time, 107 mins. "G."* Sherwin A. Kane "The Body Disappears" ( Warners) THE novelty of bodies dissolving on the screen through the use of camera tricks is employed in "The Body Disappears," and the film is dependent to a large degree on that device for its comedy. The general production effort is creditable, especially in the amusing performances of Edward Everett Horton and Willie Best. Jeffrey Lynn and Jane Wyman are the top names in the cast. Lynn's is the body of the title and although heard a good deal he is seldom seen. D. Ross Lederman directed, Bryan Foy was associate producer and Ben Stoloff associate producer. The yarn is light but serves adequately, telling of the college profes- sor (Horton), whose serum restores life to the dead, and his experi- ences with the wealthy benedict-to-be (Lynn). The patient, who at the outset was intoxicated and not dead, is revived but suddenly disappears. He thereupon goes about as the invisible man, learns that his fiance is interested only in his wealth, meets the professor's daughter (Miss Wyman), and romance blossoms. Horton, who must administer an antidote within a certain time to Lynn, is suspected by his colleagues of suffering a mental disturbance and is taken to an institution. Lynn and Miss Wyman, who also takes it in the arm and is unseen thereafter, release him after some harum- scarum sequences. Horton proves his sanity and the efficacy of his serum when Lynn and Miss Wyman are returned to physical being. Best is Horton's frightened assistant. Running time, 72 minutes. "G."* Eugene Arneel Sealed Lips (Universal) Hollywood, Dec. 1 TT'RESHNESS of idea distinguishes this melodrama of crime, detection " and journalism from the welter of product exploiting these three insti- tutions of topical melodrama. Seed of the story is a situation, suspected at the start of the picture and verified subsequently, which has a notori- ous gangster who is completing a prison sentence turn out to be in fact a double coerced into serving the time for the criminal, who has con- tinued his nefarious activities meanwhile without interruption from the police. The idea is worked out adroitly with such angles as finger- printing and other expedients of identification effectively taken care of. Players in the film are John Litel, doubling as gangster and prisoner, William Gargan as the detective, June Clyde as the girl reporter, Anne Nagel, Mary Gordon, Ralf Harolde, Joe Crehan, Addison Richards, Russell Hicks, Ed Stanley and many others rounding out a cast which performs ably for the most part, but shakily in some instances. George Waggner, accountable for the original screenplay from which the film derives its chief strength, also directed the picture. Jack Bern- hard was associate producer. Running time, 62 minutes. "G"* Roscoe Williams 'G" denotes general classification. BVay Weekend Is Strong; 'Suspicion,' 'Flying' Out Front The new Abbott and Costello com- edy, "Keep 'Em Flying," at the Cri- terion, is repeating the box-office per- formance of their previous screen effort, "In the Navy." Leading the Broadway parade, the picture brought an estimated $17,900 since its opening Wednesday, through Sunday. This is about equal to the "In the Navy" busi- ness. Broadway generally had a good weekend with holdover films dominat- ing. Three pictures are now in a second week will be held over for a third. These are "Skylark" at the Paramount, "Suspicion" at the Radio City Music Hall, and "They Died With Their Boots On" at the Strand. "How Green Was My Valley" at the Rivoli goes into a sixth week tomor- row, while "Swamp Water" starts a fourth week Saturday at the Globe. 'Purchase' Opens Dec. 31 The Paramount has already set its New Year's Eve show. The show, which is the first ever to open on Dec. 31, will include the Bob Hope- Vera Zorina musical, "Louisiana Pur- chase," with Gene Krupa's band on the stage. "Suspicion" with a stage show drew an estimated $57,000 Thursday through Sunday and starts its third week Thursday. "They Died With Their Boots On" with Woody Herman's or- chestra grossed an estimated $24,600 Thursday through Sunday and also starts a third week Thursday. The second week of "Skylark" with Harry James' orchestra and Ray Bolger ends tonight with an estimated $43,000 ex- pected. 'Belong to Me' Big A new film, Columbia's "You Be- long To Me" with a stage show at the Roxy, went over big with an esti- mated $26,800 for its first three days beginning Friday. The picture will play only one week in spite of this, to be succeeded on Friday by "Rise and Shine." "How Green Was My Valley" gar- nered an estimated $13,600 Friday through Sunday. The Saturday and Sunday business at the Globe with "Swamp Water" amounted to an esti- mated $3,800. "A Date With the Falcon" finished a week's run at the Rialto with an estimated $4,200 and was replaced yesterday by "A Kid from Kansas." The Music Hall has booked Colum- bia's "The Men in Her Life," starring Loretta Young, to open Dec. 11. Frosch Will Head Club in Twin Cities Minneapolis, Dec. 1. — Maitland Frosch succeeeds Ben Blotcky as chief barker of the Variety Club of the Twin Cities. M. Frank McCor- mick is first assistant, Arthur Ander- son second assistant, Charles Rubin- stein treasurer, and Lowell Kaplan secretary. Directors are the officers and Max Torodor, William Elson, W. A. Steffes, Blocky, Eddie Ruben, Ben Berger, Roy Miller and Paul H. Mans. Induction is planned for about the middle of December. Retiring officers will make their final reports at that time. COLOSSAL! Terrific! SMASHC 0RPHEUM, ST. PAUL 125% of Previous Abbott & Costello Openings! "Rough an_ should tickle anyone's ribs?" m°S ~Sos/ey Crowtlmr, N- Y. Times PALACE, STAMF 17 Previous Mlo Openin "Outrageously funny... Abbott and Costello teriffic!" —William Boehnet, World -Telegram f OX, OEWOIT 150* of er Costello Openinj 5 ^otLs-. "Fast ami funny . . . one laugh after another!" —Rose Pelswick, Journal' A merican INDIANAPOLIS r° of Previous Abbott Costello Openings! ^ v/i\d comedy • ■ ; CIVIC, PORTLAND, ME. 215% of continual „EileenCreelman,N *'HUarious,M Previous Abbott & Costello Openings! A BUD KEITH'S, DAYTON Previous Abbott & Costello Openings. "Profitable attrac- tion." —Variety "Certain to send grosses zooming!" — Showmen's Trade Review wVOucosmw John True DV. .. ^Mmono >~ , UNIVERSALE CHRISTMAS GIFT Ul rUPENDOUS! Take your choice! BROADWAY, ORTLANO, ORE. 7 Previous Abbott & Costello Openings! U'*topS d gal id Co°rt STRAND, BINGHAMTON 160% Previous Abbott & Costello Openings* of TATE I ' w ■ -:ltcS«^eom BEDFORD 10% or devious Abbott & Costello Openings! MAJESTIC, PROVIDENCE 130% of Previous Abbott & Costello Openings! I "CosteMo is the funniest comediansinceChaphn." "U-» - -"I* Daily He is in a class by hi self" . Se"- -Archer Winst* "One of the funi^^ ,c* ever lived ! " 66 Morti<»er, DaHy Mirror as VinWe give* Keep UoC St-11 iyu'^ ^oar^g, mC- tare for and Vng h ST iS^SS What a RAVE from the New York Daily News ! sa U the it as nswer to a box-offrciT»r!' —Motion Picture Herald "Score another f Picture Daily "CAPACITY CROWDS :30 A. M." — As tor Theatre, Reading, Pa. Cos >5o% C°s*e//< Outings! MERKA'S EXHIBITORS! Now Dating! 6 Motion Picture Daily Tuesday, December 2, 1941 j Congressman Demands Withdrawal of Gar bo Film M-G-M's 'Virginian' To Have Premiere In Lynchburg, Va. Counsel Make Final Pleas in Crescent Case (Continued from page 1) tant to the U. S. Attorney General today filed the Government's reply brief to the defendant exhibitors' brief, and announced the reply brief to de- fendant distributors' brief, filed Nov. 25, would be filed Dec. 10. Judge Davies has announced he hopes to render a verdict by the last week of December. Wright today charged both defen- dant distributors and exhibitors with being at fault in the elimination of independent competition. Charges 'One-Way Deal' He described as "strictly a one way proposition" the alleged practice of distributors in negotiating for film contracts with independent exhibitors at the same time they were negotiat- ing with Crescent for a circuit deal to include the towns in which the inde- pendents operated. "The distributor," Wright said, "has everything to gain and nothing to lose by holding out the hope of a film contract to the independent when actually there is no hope if the dis- tributor and the circuit get together." Willard McKay, counsel for the Schine Circuit, whose anti-trust trial is expected to begin in February, was present for the arguments. Raftery's Argument Edward C. Raftery, president of United Artists and counsel for U. A. and Universal, insisted that a film franchise, per se, is a legal instrument. The distributor, he said, has a a real stake in making a fran- chise. A franchise may assure an outlet for films and it may help a distributor to establish an exhibitor in a position against another exhibitor, he said. The distributor, he said, wants to contract for more than a year's product. Declaring the Government was at- tacking merely the right of selection of customers, Raftery asserted U.A.'s output was only five per cent of the total films produced by the eight majors and asked, "How could we be a party even to substantial restraint of interstate trade?" Arguments Based on Briefs The arguments of Raftery and J. D. Mosby, of Nashville, also of U.A. and Universal counsel, were almost exclu- sively based on their brief filed last week. Mosby declared that "time and time again" independents admitted on the stand that Universal and U.A. sold them films on satisfactory - terms. U.A.'s 63 and 71-situation blanket deals with Crescent, he said, were made for "perfectly proper commer- cial reasons." Two cases of alleged discrimination by U.A. and one by Universal brought the comment from Mosby that these "isolated, sporadic and doubtful cases can't be sued either to set up intent to conspire or conspiracy." Allen A. Dobey delivered the longer argument on behalf of the Govern- ment. He commented that the defense in the course of the trial had clis- missed as "Tennessee horse trading" (Continued from page 1) duction of the film "must be consid- ered as an affront to the Congress of the United States." The column, "In the News," in the New York Journal-Amer- ican, which is understood to re- flect the personal opinion of William Randolph Hearst, yes- terday was devoted to the con- troversy. The editorial declares that there is no reason why films should be made that are subject to criticism, calls "in- decency the last refuge of in- competence," and scores the screen additionally for the al- leged misrepresentation of newspaper people on the screen. The Catholic Interest Committee of the Knights of Columbus in Man- hattan and the Bronx has protested against the film and denounced it as degrading entertainment. The New York State Council, K. of C, has protested to Will Hays. Ohio, N. Y. Approve The Ohio censor board passed the film with the elimination of only one line of dialogue, while the New York State censor board approved it with- out change. Irwin Esmond, New York's censor chief, declared no changes were deemed necessary. The Providence Journal censured the police censor there for using Le- gion ratings as a basis for banning the film, and called for revision of the censorship system in Providence. De- claring that a degree of censorship is necessary, the paper urged that police power no longer be exercised on the basis of the opinion of a "sectarian or- ganization." The newspaper proposes a panel of representative members of the community, upon which the police inspectors can call before arriving at a decision in the case of a doubtful film. A statement condemning the film was read in all Catholic churches in evidence of alleged Crescent practices in acquiring theatres. "They were not horse trading," Dobey said, "because Crescent could afford to operate at a loss in any situation up to three years. They possessed circuit buying power in the contracting for films, and the independent exhibitors could get only those pictures the defendents did not want." The Government's reply brief stated that exhibitor defendants "concede that they have intentionally monopo- lized exhibition in a wide area" and declared, "the result of this elimina- tion, a collection of affiliated theatre- operating monopolies in over 55 towns, is not open to dispute, although the defendants seriously urge that this method of arbitrarily fixing the price and character of the only motion pic- ture entertainment available to more than a quarter of a million people is outside the reach of the Federal anti- monopoly statute." Pathe Film Dissolved Albany, Dec. 1. — Pathe Film Corp. has filed papers of voluntary dissolu- tion with the Secretary of State. The move followed competition of a deal with Du Pont Film Mfg. Co. Indianapolis on Sunday, on orders of the Archbishop of the local diocese, and similar action was taken in churches in the Richmond diocese. In Newark the Archdiocesan Federation of Holy Name Societies adopted a resolution directing members to con- tact theatre managers to voice the or- ganization's protest against the film. The film has not yet been shown in Newark. The city motion picture commission in Milwaukee scrutinized the film closely, and ordered a portion deleted, but did not prevent the film opening at the Fox Wisconsin late last week. Exhibitors there have agreed to the request of Mayor Carl F. Zeidler that the commission be permitted to see doubtful films before they are shown to the public. Denounced in Philadelphia The Archdiocese in Philadelphia will take no official notice of protests against the film, which was denounced — but approved — by the Pennsylvania censor board. The film was de- nounced by some of the clergy on Sunday. At the regular monthly meeting of Methodist ministers in Philadelphia, Rev. T. W. McKinney of German- town denounced the distribution of heralds in local churches by the Orpheum Theatre urging attendance at the film, "One Foot in Heaven," charging it is a subterfuge to induce church people to attend the theatre. However, no resolution was adopted, and only a reference was made to the Garbo picture. Lord's Day Alliance Seeks Ban on Revues In a resolution adopted at the 53rd annual meeting of the Lord's Day Al- liance of the United States, Mayor F. H. La Guardia was requested to close variety revue shows in New York, which the organization branded as "obscene, vulgar and perniciously poisonous and a menace to national de- fense." Art Direction Award Committee Is Named Hollywood, Dec. 1. — Bette Davis, president of the Academy of Motion Picture Arts and Sciences, has, named a committee of art directors to con- sider rules to govern the awards for achievement in art direction. The committee includes : Bertram Teitelbaum, chairman ; Lionel Banks, McClure Capps, Ernst Fegte, Danny Hall, Al Herman, Russell Kimball, Richard Riedel, Stanley Rogers, Joseph Wright, and Gordon S. Mitchell, manager of the Academy technical bureau. Jane Withers Injured Hollywood, Dec. 1. — Jane Withers suffered a brain concussion and lacer- ations today when she tripped and fell, necessitating her withdrawal from "Not for Children," 20th Century-Fox film, for at least a week. Goldwyn Signs Ruth Babe Ruth has been signed by Sam- uel Goldwyn to play himself in the forthcoming Goldwyn production, "The Life of Lou Gehrig." (Continued from page 1) becomes Eastern division chief, suc- ceeding Connors. Rodgers plans to remain here until tomorrow for conferences with dis- trict managers. He said he plans t(> return here for the all-industry uggfr j meeting Dec. 9. M-G-M's percentage policy is mffi'l ing with approval of exhibitors, Rod-rj gers stated. He said that his experi- ence has proved that once the basis i for percentage is established with the exhibitor, he favors the sliding scale j plan because it makes him more or j less an M-G-M "partner," cashing in on the bigger profits if the picture is successful and having to pay a lower percentage if it is not. Quebec Church Ban On 'Theatre' Music Ottawa, Dec. 1. — Cardinal Ville- neuve on Saturday issued an edict banning the playing or singing in Roman Catholic institutions in Quebec Diocese of music "composed in a pro- fane style, or which is reminiscent of theatre motifs." The edict was based on the report of the Diocesan Sacred Music Com- mission, and the announcement stated that all colleges, convents, schools and other diocesan institutions must abide by the report of the commission. Prohibited selections are : Wagner's "Lohengrin Wedding March" ; Men- delsohn's Wedding March from "A Midsummer Night's Dream"; Schu- bert's "Ave Maria" ; Faure's "The Palms"; Granier's "Hosanna" ; Gou- nod's "Nazareth" ; Verdi's "Agnu> Dei" ; and "Le Crucifix." Say Minn. Law Fails To Help Exhibitor* (Continued from page 1) appears their policy, at least for tht present, to exact the last pound oi flesh from the independent exhibitor- and, so far as Minnesota is concerned to punish him for resistance to tht consent decree and for having exer-1 cised his right to enact legislation irj his behalf." He charged Universal, along witl | consenting companies, with asking, "exorbitant rentals," but praised Col- umbia and Republic for their policies ' which, he said, have earned them tht good will of Minnesota exhibitors. Chase ,Rubin to Speak At N. F. U. Film FeU Chancellor Harry Woodburn Chase of New York University will speak at the tea next Friday which will in augurate the university's four-yeat course in motion pictures. J. Roben Rubin, vice-president of M-G-M, wil reply for the motion picture industry Among those expected to be presen are Barney Balaban, Austin Keough Joseph Hazen and Bertram Block. Shorts Premiere Today A distinguished audience is expected at Fefe's Monte Carlo today for th< premiere of Warners' shorts featuring i the Ballet Russe. 'uesday, December 2, 1941 Motion Picture Daily 7 Illinois Allied to Use Air To Promote Attendance FCC Sees Test of Color Television The full FCC membership yesterday saw a color televi- sion demonstration here by NBC. Color was received on a standard size receiver and a somewhat larger model simul- taneously with black and white on the two sets for comparison. When commercial television was authorized last Spring, it was done with instructions to the licensees to prepare a re- port on color for Jan. 1. Yes- terday's visit was to inspect the progress made, although both the FCC and the indus- try are apparently in agree- ment that color should not be standardized at this time. Osborne in Tribute To New Camp Shows Brigadier General Freder- ick. Osborn, chief of the Morale Branch of the United States Army, commenting on the entertainment prepared for the armed services by the USO-Camp Shows, Inc., said, "The combined forces of America's entertainment in- dustry have accomplished a IfLf emendous task which will go r^tar to keep morale high." Equity Disturbed at DampBan on 'Eileen' (Continued from page 1) lie closing, and that this should be imedied promptly. Saying that he had received infor- nation that another reason for the • losing had been a question about "the 'u oral tone" of the play, Dullzcll xiinted out that it has been playing lor a year on Broadway, a road com- >any is operating and another is in he process of organization. "A fur- vher ironical comment on this object- ion,'' said Dullzell, "is furnished by - he fact that the New York City ■School Theatre Program set up by- Alfred Harding, Equity's editor, who ilso worked with Bert Lytell on the army entertainment program, is this very afternoon offering 'My Sister : Eileen' to 900 high school students at ■ the request of the schools themselves." ' Lawrence Phillips, executive vice- president of Camp Shows, denied flatly that any censorship by his own organ- ization or the Army was involved. 'He said the play required a two-story set which some camp theatres could not accommodate and it was decided "to substitute another play. New York City Drops Television Set Tax In response to a request from FCC Chairman James L. Fly, New York City has decided to drop the collec- tion of the $2 monthly tax on tele- vision receivers in public places. A .court test was pending but it probably ■will be dropped, too. Fly made his appeal to the city on the basis of "pub- lic service" and in the interest of an infant industry. Bickel Funeral Sunday Racine, Wis., Dec. 1. — Funeral \ services will be held here Sunday for John F. Bickel, father of Fredric March, who died last week at the home of a daughter in Centralia, | [ Wash. Besides March and Mrs. George Ripley, Bickel is survived by ( \ two other sons, Harold L. Bickel, Los , | Angeles, and John Bickel, Syracuse. Rites for Mrs. Hoy me Philadelphia, Dec. 1. — Funeral -crvices were held Saturday for Airs, if Vera B. Hoyme, for the past 17 years !'"! receptionist in the offices of the War- tn ner theatres circuit here. E. J. Callahan Dies Cincinnati, Dec. 1. — Edmund J. I Callahan, 63, veteran stage hand, died t" last_ night from blood poisoning fol- ■): lowing the amputation of his leg due iMo accident at the RKO Shubert in April. Ascap's Distribution Down to $2,700,000 (Continued from page 1) writer-members desired it. Billy Rose, the producer, supported Buck while Saul Bornstein, president of Irving Berlin, Inc., explained that the publishers wanted a "business man's" administration. Election of officers has been postponed to April. Buck appointed a 12-man board consisting of six publisher members of the board of directors and three each of writers and publishers from the general membership to consider reso- lutions and suggestions for reclassifi- cation of memberships and methods of fund distribution. Most prominent of these is the "Edgar Leslie Plan," a method which proposes that payments to writer-members on the basis of rat- ings be cut 50 per cent, with the other half paid on the basis of the number of radio performances of the writer's compositions. Davis to Preside at Dinner for Murrow Elmer Davis, CBS news analyst, will preside tonight at a dinner given by William S. Paley, CBS president, to Edward R. Murrow, chief of the network's European staff, at the Wal- dorf-Astoria. Murrow returned re- cently from London. A one-hour broadcast, starting at 9:30, will originate at the dinner. Murrow, Paley, Davis, Archibald MacLcish, chief librarian of the Li- brary of Congress, and William L. Shirer, former CBS correspondent in Berlin and now news commentator here, will speak. There will also be a dramatic sketch on the subject of free- dom of speech. Among those ex- pected will attend will be Leon Hen- derson, James L. Fly, Alfred E. Smith, Lt. Gov. Charles Poletti, Most Rev. J. Francis A. Mclntyre, New- bold Morris, Paul B. West, Kent Cooper, Joseph V. Connolly, Hugh Baillie and Robert Sherwood. To Use Orchestra At Buffalo Theatre Buffalo, Dec. 1. — Robert T. Murphy, manager of the Twentieth Century Theatre, has announced the theatre will install a full-time orches- tra Dec. 18. Musicians, with Meyer Balsom as director, have been signed for 10 weeks and, according to Murphy, their contracts will be re- newed. The new musical unit is planning a Christmas festival piece as an over- ture to "Dumbo" opening Dec. 18. Gossage Elected by AFM Local in Ottawa Ottawa. Dec. 1. — Harry Gossage has been reelected president of Local 180 of the American Federation of Musicians for the seventh year. Other officers elected by the musi- cians here are : vice-president, Don Lyon ; secretary, Fred Muhlig ; treasurer, Vivian Snowdon, and ex- ecutive members, Albert Mittlestadt, Dirk Keetbass, Charles Wimperis. Chicago, Dec. 1. — Allied Theatres of Illinois will sponsor a radio pro- gram as a promotional move to in- crease attendance at the members' the- atres, according to Jack Kirsch, pres- ident of the organization. The plan, presented at a recent meeting, was de- scribed by Allied members as a step in the right direction for the institu- tional merchandising of the theatre. It will be a paid program, the plan calling for all Allied theatres here to share in the cost. Complete de- tails probably will be worked out at the next general meeting. "For the first time," Kirsch said, "we plan to sell theatre seats, which are merely saleable merchandise, by using radio — the theatre's natural en- emy." The show will be under the direc- tion of Harry K. Snvythe of the Craig Dennison agency, and it is planned to use one hour a day, six days a week, over Chicago's new radio station WAIT, with Bill Anson, a popular Chicago radio entertainer, as master of ceremonies. It will embrace music, film reviews, Hollywood gossip, and promotional features designed to pro- duce box-office demand. A complete selling campaign to merchandise Al- lied Theatres is planned as part of the new radio show. Members of Allied will participate in the show at their own discretion, but it is reported that with the open- ing broadcast, on or about Dec. 15, the idea will have practically 100 per cent Allied representation. Restrict Carnivals In Milwaukee Bill Milwaukee, Dec. 1. — Local ex- hibitors are watching a proposed carnival ordinance now before the Common Council's Judiciary Com- mittee, which would assess a fee scale from $25 a day for the smaller carnivals to $150 per day for the larger shows. The proposed measure would fur- ther prohibit barking, loud speakers and other noises after 10 P.M. and no permit could be issued without ap- proval in advance of at least 75 per cent of the residents within a 500-foot radius of the carnival site. Revocation of the permit is provided for in event of non-compliance with city regulations. A bond must be posted to cover possible damages. Cincinnati Club Party . For 1,500 Children Cincinnati, Dec. 1. — Approxi- mately 1,500 children are expected to attend the annual Christmas party to be given for wards of various chil- drens' institutions by the local Variety Club, at the suburban RKO Orpheum, Dec. 24. Transportation will be pro- vided to and from the theatre, where a special picture will be screened, a stage show presented, and each child given toys, candy and fruit. To Manage KMYC Marysville, Calif., Dec. 1. — Harry E. Browne has resigned as manager of the State Theatre here to become manager of KMYC, local radio sta- tion. Browne formerly managed mo- tion picture houses in San Tose and Palo Alto. NBC Shifts Strotz To Coast Operations (Continued from page 1) Coast operations, will be placed in charge of public relations there. A. E. Nelson, assistant vice-president sta- tioned in San Francisco, will continue in his present post under the direction and supervision of Strotz. All ap- pointments will become effective Jan- uary 1. Strotz joined NBC in Chicago in 1933 as manager of the program and artists' service department. He be- came vice-president in charge of the Central division in 1939, succeeding Trammell who was then named ex- ecutive vice-president, and was made vice-president in charge of programs shortly after Trammell was elected president. Phila. Club to Give Paralysis Aid Fund Philadelphia, Dec. 1. — Highlight of the sixth annual Variety Club ban- quet on Dec. 14 will be the presenta- tion of $4,000 by retiring Chief Barker Earle W. Sweigert to Dr. Herbert Stoddard, superintendent of public schools, to be used to expedite and partially support medical work among spastic cases of infantile paralysis. A check for $1,000 to the Willis Martin Hospital to be used in spastic work for paralytics will be presented Wednesday by the Ladies Auxiliary of the Variety Club at a luncheon. At the speakers table will be Dr. Walter C. Cornell, director of public schools ; Dr. G. S. Mendelhall, di- rector of the Martin Hospital ; Frank L. MacNamee, of the Infantile Paralysis Committee; James P. Clark, Democratic city chairman ; Chief Barker Earle W. Sweigert and Jay Emanuel. KM A to Meet in Chicago Paul V. Galvin, president..- of the Radio Manufacturers Association, has called a directors meeting for Thurs- day at the Stevens Hotels, Chicago, to consider national defense coopera- tion, priorities and similar problems. Sues Abbott and Costello NBC, Bud Abbott and Lou Cos- tello, Standard Brands, Inc., and J. Walter Thompson Co. were named defendants yesterday in a plagiarism suit filed in U. S. District Court by Barney Gerard. - shes a #ffley/ (• she's a li/li// she's the queen She rocks the screen in this rhythm-roaring battle of gobs, gags and gals! r ilc uv> MOTION PICftfiUE DAILY L. 50. NO. 109 NEW YORK, U. S. A., WEDNESDAY, DECEMBER 3, 1941 TEN CENTS iCA Theatre television Off 'orEmergency defense Technical Needs Hinder Installation KCA, which demonstrated large ireen theatre television to the ni industry last May, has virtu- Jy abandoned plans for installa- dii of these receivers in theatres iring the period of the emer- ency, it was said yesterday. The principal reason given was the lack of engineering talent required for such instal- lations. Most engineers are vitally needed in defense work, it was pointed out, and it is difficult to obtain a sufficient number even for existing serv- ices. Other factors named were the lack I materials because of defense prior- (Continucd on page 8) aplinger Leaves WB Publicity Post Robert S. Taplinger yesterday an- ounced his resignation as Warners' ational publicity manager, the resig- ation to become effective within 10 lays. No successor was announced. Taplinger said he expected to an- ounce his future plans within a few (•ays. It has been reported that he nil return to the Coast. He was ransferred to New York several ceeks ago after having served as tudio publicity director since 1937. In connection with the resignation, . L. Warner, vice-president in charge •f production, now in New York, *aid : "Bob Taplinger leaves us car- "ying with him our high esteem and pur very best wishes for his future. He has made a fine record in the notion picture industry in the past four years. Good luck to him." Nick Dean Is Held In Bail of $25,000; Pleads Not Guilty Nick Dean, also known as Nick Cirella, a former representative of George E. Browne when the latter was IATSE president, was held in §25,000 bail yesterday by Federal Judge Henry W. Goddard. Dean in- terposed a plea of not guilty to the extortion indictment returned against him and Louis Kaufman, business agent of the Newark operators' local of the IA, in which Browne and Wil- liam Bioff are also named as co- conspirators although the latter two were not named in this indictment. U. S. Attorney Mathias F. Correa asked Judge Goddard to stipulate that union funds were not to be used for the posting of bail, as was done in the case of the §50,000 bail for Browne and BiofF and Dean's attorney agreed. Up to the time of closing of court yesterday, the bail had not been posted. At Correa's request, the trial date was set for Jan. 6 but it was indicated later that there is little likelihood that the U. S. Attorney will be ready to proceed on that date. Song Renewal Right Vested in Publisher The U. S. Circuit Court of Appeals yesterday in a test suit ruled that the renewal rights to a song copyright are vested in a publishing house which employed a composer rather than the composer himself. The court upheld a decision of Federal Judge Grover C. Moscowitz which awarded renewal rights to the song, "Come, Josephine," to the plaintiff, Shapiro, Bernstein & Co., as against the composers, Fred (Continued on page 8) Bergman Represents Ampa at Unity Meet Maurice A. Bergman has been designated by Ampa as its representative at the all- industry unity conference in Chicago Dec. 9, it was an- nounced yesterday. Allied States agreed to Ampa's re- quest to be represented at the meeting. Nathanson Handles M-G-M Canada Sales Chicago, Dec. 2. — "In recent months we have established our own distributing office in Canada, and the leasing of M-G-M product through- out the Dominion will be under the supervision of Henry L. Nathanson, our Canadian general manager," William F. Rodgers, M-G-M vice- president and general sales mana- ger, said here today. The Canadian territory formerly was supervised by Thomas J. Con- nors, Eastern, Southern and Ca- nadian sales manager, who is joining 20th Century-Fox. 1,000 Attend CBS Dinner to Murrow More than one thousand notables of the worlds of films, art, the press, music, radio, labor, industry and gov- ernment were guests of William S. Paley and CBS last night at a gala dinner in honor of Edward R. Mur- row, chief of European staff of CBS, at the Hotel Waldorf-Astoria last night. The program was broadcast over (Continued on page 8) \Name Winners in 20th-Fox Contest All-expense, two-week vacations for two at Sun Valley, Idaho, were awarded yesterday to the five winners f the 20th Centurv-Fox nationwide "Sun Valley Serenade" showmanship contest. The judges met at Toots Shor's restaurant. The five winners are: Dan Terrell, Loew's Palace, Washington ; Herman Kersken, Fox Theatre, San Fran- (Continued on page 5) Decree Takes Industry Out Of Judiciary, Court Hears Radio Music Fees Frozen in Canada Toronto, Dec. 2.- — Harry Sedgwick, representing the Canadian Association of Broadcasters, announced tonight that a settlement had been reached with the Canadian Performing Rights Society and BMI of Canada for con- tinuance of the 1941 license fees next year. The royalties will be maintained at (Continued on page 8) By JOHN SHUMAKER Nashville, Dec. 2. — By entering the consent decree, the Government sacrificed any principles of law it may have had in its anti-trust actions against the motion picture industry, W. H. Mitchell of Florence, Ala., counsel for some of the defendants, charged today in final arguments in the Crescent Amusement Co. anti- trust action. "The consent decree takes the in- dustry entirely out of the realm of the judiciary," declared Mitchell. He (Continued on page 8) Censor in NY Bans Only 8 Films in Year 4 Later Approved; Total Of Cuts Down to 503 By RICHARD J. CONNERS Albany, Dec. 2. — Only eight films were banned in their entirety, of 1,702 reviewed by the Division of Motion Pictures of the N. Y. State Education Department (cen- sor board) during the year ended June 30, last, according to the re- port of Irwin Esmond, director, filed with Commissioner of Educa- tion Ernest E. Cole. Of the eight banned, four were later licensed after revi- sion. In the previous year 1,762 were reviewed, of which nine were banned, with three later licensed after revision. The re- duction in the total of films reviewed was ascribed to the 177 fewer foreign-made pictures shown, those dropping from 488 to 311. In the more recent year, 503 elimi- nations of scenes, subtitles and dia- logue were ordered in 68 films on statutory grounds, compared with 926 (Continued on page 6) Denies William Fox Bid to Change Plea Philadelphia, Dec. 2. — Permission to change his plea of guilty to not guilty on charges of conspiracy to ob- struct justice and defraud the United States was denied William Fox today by Federal Judge Guy K. Bard in Federal Court here today. The judge also denied a petition to reconsider Fox's sentence, and Fox continues under bail until his appeal is heard by the United States Circuit Court of Appeals. United States At- torney Gerald A. Gleeson, who said he was acting under instructions from Attorney General Biddle, joined in the (Continued on page 5) Six Reviews Today "All Through the Night," "You're in the Army Now," "Steel Against the Sky," Page 4; "The Vanishing Virginian," Page 5; "Babes on Broadway," "Dr. Kildare's Victory," Page 6. 2 Motion Picture Daily Wednesday, December 3, 1941 Maybe He's AWOL Philadelphia, Dec. 2 /T happened to Samuel Rosen, Monogram branch manager. Sending the film, "Sergeant Mulligan," to In- diantown Gap to be shown for the soldiers there, he sent the following telegram : "Have baggage checked. Sergeant Mulligan to Lebanon. Please pick up." He received a re- ply from one of the com- manding officers at the camp which read: "We have no Sergeant Mulligan stationed here." 'Woman' Shown for St. Louis Officials St. Louis, Dec. 2. — A screening of M - G - M's "Two - Faced Woman," shrouded in secrecy, was held here to night for Prosecuting Attorney James P. Finnegan and civic leaders, includ ing Mrs. Jacob M. Lashly, president of the Better Films Council. Report ers were barred and no one would comment, although a conference of officials was held after the screening Newspapers are carrying large ad- vertisements announcing the film's opening at Loew's State on Thursday Garbo Film Boycott Is Asked in Albany Albany, Dec. 2.— The Albany Evangelist, Catholic weekly of the local diocese, this week editorially called for a boycott of "Two Faced Woman," Greta Garbo vehicle. Referring to the Legion of De- cency's condemnation of the picture, Father Kelly, diocesan director of the Legion here, is quoted as favoring it. Goldenson, Dembow To Southern Meet Leonard Goldenson and Sam Dem- bow, Paramount home office theatre executives, will leave for New Or- leans after the meeting of Paramount Northern and Western theatre asso- ciates at the Blackstone Hotel in Chi- cago today. In New Orleans they will meet with E. V. Richards, head of Saen- ger Amusement Co., and Leon Net- ter, home office executive, who has been in the Southwest on business. Selznick, Goldwyn To Coast Friday Mr. and Mrs. David O. Selznick and Mrs. and Mrs. Samuel Goldwyn, it is reported, will leave New York on Friday for the Coast. Returning with Selznick will be Whitney Bol- ton, his advertising and publicity di- rector, and others in his party. The group will occupy a special car, ac- cording to report, which will be at- tached to the City of Los Angeles streamliner at Chicago. Canadian Exhibitor Dies Toronto, Dec. 2. — Fred Guest, 77, pioneer theatre owner of Hamilton Ont., and Vancouver, died at Hamil- ton after an illness of some weeks. During the past few months he had sold his Stanley Theatre in Vancouver to Famous Players and three Hamil- ton houses to M. A. Milligan, former Canadian general manager of Para- mount Film Service. Personal Mention HARRY M. KALMINE, Leonard Schlesinger and Harry Gold- berg are expected today from Albany. • Morey Marcus, newly appointed United Artists general manager for China, will sail for Shanghai this week on the new President Polk. • David Rose, Paramount managing director for Great Britain, is sched- uled to arrive here Monday on the Exeter. He plans to spend the holi- days with his family on the Coast. John Kirby and Jack Trice of the Paramount Atlanta exchange were in Miami this week. • Gladys Rocks of National Theatre Supply Co., New Haven, is ill. GRADWELL L. SEARS, delayed in his scheduled departure for the Coast, plans to leave Friday. • Clarence M. Turley, executive of the St. Louis Amusement Co., has been elected president of the St. Louis Real Estate Exchange for next year. • Robert Goldstein of WMCA has left the hospital after a tonsil opera- tion. • Eugene J. Emmel, formerly with Comerford and now with Pathe Film, and Winifred Louise Murray were married recently in Scranton. • William F. Knott, Philadelphia, and Martha Muncie have announced their engagement. Ask Consultation on Canadian Film Edicts Toronto, Dec. 2. — President J. J. Fitzgibbons of Famous Players Cana- dian Corp. has come out with the sug- gestion to the Dominion Government that the Federal authorities should confer with representatives of the film industry in Canada before putting into effect any more orders affecting the business. This declaration was made in con- nection with a discussion regarding the new regulations which have placed a "ceiling" on all theatre admission prices for the duration of the war and have pegged the salaries of certain employes, provision being made for a bonus system governed by depart- mental statistics showing the cost-of- living trend. Officers Installed By Cincinnati Club Cincinnati, Dec. 2. — Approxi- mately 100 barkers and guests attend- ed the Variety Club installation din- ner in the club's quarters last night, at which F. W. Huss was inducted into office as chief barker. Others were : Andrew Niedenthal, first assistant, and William Davaney, second assistant; Saul M. Greenberg. property master, and Peter Niland, dough guy. Judge Carl W. Rich, of the Probate Court, was toastmaster. William Onie, retiring chief barker, was presented with a set of silver, and Ralph Kinsler, former dough guy, was given a gold pen and pencil set. Rep. Heads in Atlanta On Franchise Deal James R. Grainger, Republic presi dent, Herbert J. Yates and Meyer Lavenstein are in Atlanta completing final details for the purchase by the company of Arthur Bromberg's fran chise in the Southern territory, it was announced yesterday. Before return ing to New York later this week they will meet with branch managers from Atlanta, Tampa, Memphis, Charlotte and New Orleans. Grainger announced yesterday that he had completed deals for 1941 -'42 product with the Minnesota Amuse ment Co. of Minneapolis and the Lichtman circuit in Washington and Virginia. Gilbert Nathanson, Min- nesota franchise owner, assisted Grainger in negotiations with John Friedl of the Minnesota Amusement Co. Jake Flax, Washington franchise owner, assisted Grainger in setting the deal with A. E. Lichtman. Newsreel Parade Variety Club Heads Ampa Honor Guests The Variety Clubs and their na- tional leaders, John H. Harris of Pittsburgh and R. J. O'Donnell of Dallas, will be honored by Ampa at a luncheon meeting at the Hotel Edison, Dec. 11. Harris and O'Donnell have been asked to tell of the work of the Vari- ety Clubs in benefiting underprivileged children. Others active in Variety Club work also are scheduled to speak. A. W. Ensminger Dies Buffalo, Dec. 2.— Austin W. Ens- minger, 48,. owner of the Riel, Colo- nial and Colombia theatres here, died yesterday. He was connected with the theatre business here for 16 years. Funeral services will be held from his home Thursday. Hanson President of Canadian Pioneers Toronto, Dec. 2. — O. R. Hanson, former associate of N. L. Nathanson, has been elected president of the Ca- nadian Picture Pioneers for 1942 by the directors at a special meeting sub- sequent to the annual general meeting. Hanson succeeds Clair Hague, the first president. The vice-president is S. B. Taube and the secretary-treas- urer is Ray Lewis. J. P. O'Loghlin retired from the post of secretary be- cause of ill health. The new board of directors com- prises Ben Cronk, Charles J. Mavety, Jack Arthur, Ed Wells, Harry Alex- ander, Leo Devaney and Archie Laurie. Council of Equity Adopts 'Reds' Bar The Actors Equity Council yester- day accepted an amendment to the or- ganization's constitution which would bar any member of un-American groups or their sympathizers from holding office or being employed by Equity. The amendment will be sub- mitted to the next membership meeting on Jan. 9. 59 in Armed Forces Philadelphia, Dec. 2. — A reca- pitulation shows that 59 members of the Warner Theatres circuit here have joined the armed forces. /71 HE U. S.-Japanese crisis is thl leading subject in the midivcck is- sues. The Army vs. Navy football game highlights the sports material The reels' and their contents followX MOVIETONE NEWS, No. 25 — Japan! representatives in Washington ; British prel paredness in Singapore. Roosevelt Jjl Warm Springs, Ga. Livestock show I Chicago. Toy roundup in New York. Xev cathedral in New York. Alpine regimen at Fort Lewis, Wash. Army plays Nav; on gridiron. NEWS OF THE DAY, No. 223-Roose velt studies crisis. Livestock show in Chi cago. Planes for R. A. F. in Long Beacli - Cal. New cathedral in New York. Arm; vs. Navy football game. PARAMOUNT NEWS, No. 28 — Nav; mosquito boats in New York harbor. Live J stock show in Chicago. Mass tank produc i tion in Eddystone, Pa. New U. S. embass; in Rio; new military academy in Rezende Brazil. New cathedral in New York. To; collections in New York. President leave Warm Springs for Washington. Navy vs Army football game. RKO PATHE NEWS, No. 28— Navy Army football. Mountain troops at For Lewis, Wash. New York's new cathedral Australian troops in Malay jungle. Chi cago livestock show. Toys gathered ii New York. UNIVERSAL NEWSREEL, No. 37 Roosevelt in Warm Springs. Japanese rep resentatives in Washington. Australin troops in Malaya. Mountain troops i Washington. R. A. F. planes leave Long Beach, Cal. Navy's new "PT" boats ii New York. Livestock in Chicago. To; round-up in New York. Toyland parade it Philadelphia. Navy vs. Army, football. Five Coast Delegates To Industry Meeting Los Angeles, Dec. 2. — Five dele' gates will represent the Pacific Coas Conference of Independent Theatn Owners at the Allied States-sponsorer unity meeting in Chicago on Dec. 9, i' was announced here today. The dele gation will include Robert H. Poole executive secretary ; Jack Y. Berman Los Angeles ; L. 0. Lukan, Seattle Robert White, Portland, and H. V Harvey, San Francisco. Set N. H. Dinner Plans New Haven, Dec. 2. — George H Wilkinson, Jr., general chairman ol the first annual motion picture dinner- dance, sponsored by Connecticut MPTO and scheduled for Dec. 9 ai the Hotel Taft, announces the comple tion of arrangements. MOTION PICTURE DAILY {Registered U. S. Patent Office) Published daily except Saturday, Sunday an holidays by Quigley Publishing Company Inc., 1270 Sixth Avenue, Rockefeller Centei New York City. Telephone Circle 7-310C Cable address, "Quigpubco, New York." Mai tin Quigley, Editor-in-Chief and Publisher Colvin Brown, Vice-President and Geners Manager; Watterson R. Rothacker, Vice President; Sam Shain, Editor; Alfred I Finestone, Managing Editor; James A Cron, Advertising Manager; Chicago Bureai 624 South Michigan Avenue, C. B. O'Neil Manager; Hollywood Bureau, Postal Unio Life Building, William R. Weaver, Editor Leon Friedman, Manager; London Bureau 4 Golden Square, London Wl, Hope Wi liams, Manager, cable address "Quigpubcc London." All contents copyrighted 1941 b Quigley Publishing .Company, Inc. Othe Quigley publications: Motion Pictur Herald, Better Theatres, Internationa Motion Picture Almanac and Fame. En, tered as second class matter, Sept. 23. 193: at the post office at New York, N. Y. under the act of March 3. 1879. Subscrir tion rates per year $6 in the Americas an' $12 foreign. Single copies 10c. 1 I TALK ABOUT NEW YEARS! "How about celebrat- ing the holiday at a nice HISTORICAL picture?" "There's also an in- teresting PROBLEM picture we could go to." "I guess I know what you want! Some- thing gay, peppy, with music!" "Of course! The best of them all! Mickey Rooney, Judy Garland in 'Babes on Broadway'!" ^ jU V %rud? MEEK (%L«»Ar WOOLLC6tT MCTUBS u, BAINTER v^una WEIDLER McDONALD Xr/wQUINE 3w,> MtfcK ofL S&^M^r""*"" BUSBY BERKELEY <~ • ARTHUR FREED a (^et^^^O^^ I^^er i Above: The rousing 24- sheet shouts its gay message! 400 Prints for Happy Holiday Bookings! The first trade show of "Babes on Broadway" con- firms everything youVe heard! The news is sweeping every Film Row like wildfire! A fortune in receipts, a fortune in patron joy awaits 400 lucky theatres at New Years! Be friendly to your public with The Friendly Company's "Babes on Broadway!" 4 Motion Picture Daily Wednesday, December 3, 194 12 New Films Finished; 43 Now in Work Hollywood, Dec. 2.— Forty -three pictures were before the cameras this week, as 12 were finished and 11 were started. Twenty-six are being prepared, and 68 are being edited. The tally by studio: Columbia In Work : "Trinidad," "Martin Eden," "Shut My Big Mouth." Started: "After the Alamo." Korda (U. A.) In Work: "To Be or Not to Be." M-G-M Finished: "Born to Sing," "We _ Were Dancing." _ In Work: "Out of trie Past," "Til Take Manila," "Rio Rita," "Mrs Miniver," "I Married an Angel." Started: "Tortilla Flat," "This Time for Keeps." Monogram Finished: "Forbidden Trail." Started: "Thunder River Feud." Paramount Finished: "True to the Army." In Work: "Holiday Inn," "Mr. and Mrs. Cugat," "My Favorite Blonde," "American Empire," "I Live on Danger," "Out of the Frying Pan," "This Gun for Hire." Started: "The Palm Beach Story," "Take a Letter, Darling." RKO Finished: "The Falcon Takes Over," "Syncopation." In Work: "Lum and Abner No. 2," "Power Town," "The Mayor of 44th Street," "The Turtles of Tahiti," "The Magnificent Ambersons." Republic ( Started: "Pardon My Stripes," "Cowboy Serenade," "Man from Cheyenne." Roach (U. A.) Finished: "Brooklyn Orchid." 20th Century-Fox Finished : "A Gentleman at Heart." In Work: "Not for Children," "Tales of Manhattan," "You Can't Always Tell," "Song of the Islands," "Roxie Hart," "To The Shores of Tripoli." Started: "Moontide." Universal Finished : "Mississippi Gambler," "The Wolf Man," "Temporary Bride." In Work : "Tough as They Come." Started: "Temporarily Yours." Warners Finished: "Always in My Heart." ( In Work: "In This Our Life," "Larceny, Inc.," "Juke Girl," "Arsenic and Old Lace." 3 Companies Formed Albany, Dec. 2.— Three new com- panies have been formed here. They are: Lindenhurst Theatre Co., Inc., Bay Shore, L. I., by Sylvia Good- man, Lillian Dinney and Loretta Brown ; International Artists, Inc., New York, by Harry G. Kosch and others, and Park-Circle Theatre, Inc., New York by Clare Monosson, Ade- line Kaplan and Stella Dyke. Reviews "All Through the Night" {Warners) A Hollywood, Dec. 2 MELODRAMA of the moment, with violence, murders, fights, plots, counter-plots, mugs, thugs, and, finally, Nazi fifth columnists, this Jerry Wald production directed by Vincent Sherman presents Hum- phrey Bogart as a New York racketeer who becomes a front-page hero by turning his underworld talents and associates to the business of out- fitting saboteurs who plot to sink an American battleship on New York's doorstep. The picture has a world of gusto, a wealth of complications, lengths of slang dialogue and a maximum of conflict and struggle. Seen with Bogart are Conrad Veidt as the Nazi chieftain, Kaaren Verne as a girl in his power, Jane Darwell, Frank McHugh, Peter Lor re, Judith Anderson, William Demarest, Jackie C. Gleason Phil Silvers, Wally Ford, Barton MacLane, Ed Brophy and a dozen other dependables. The Nazi aspect is come upon about midway in the screenplay by Leonard Spiegelgass and Edwin Gilbert, from a story by Spiegelgass and Leonard Q. Ross, although its work has complicated the hero's ex- istence prior to that. It's a neat trick of development and goes far toward offsetting a running-time which requires a lot of story. Not to be confused with the everyday anti-Nazi film, nor the everyday metropolitan gangster melodrama, the production is timely, off the beaten track and is fast, save for some speeches. Running time, 105 minutes. "G."* Roscoe Williams Theatre Changes Plan Philadelphia Drive-Ins Philadelphia, Dec. 2. — Two opei air theatres, each with a car capacii ranging from 600 to 1,000, will I established here next Spring by tl E. M. Loew circuit. Larry Lasky, a sociate of Loew, was in the city clo ing real estate deals calling for drive-in to be established in Philadelphia and the other i northeast section. for > "You're In the Army Now ( Warners) TWO more zanies, this time Jimmy Durante and Phil Silvers, find themselves enrolled in the U. S. Army and make a shambles of discipline and regulations with their antics. It is all good fun of the tried and true slapstick variety and should please the cash customers, although the comedy bogs down on occasion. Mainly, though, the slapstick keeps moving along and includes such items as the rookie losing his clothes because they are too large; a tank running wild with Durante at the controls ; an innocent visit to the target end of a rifle range; a house being dragged through the streets by a tank while the occupants think an earthquake has struck ; the same house teetering on the edge of a cliff after an accidental explosion of shells has blasted away the foundation; officers trying to make speeches after a rookie has dropped alum in the lemonade; salesmen littering up the house in an effort to sell vacuum cleaners, and similar items all done before but still good for laughs. There is little to the plot. Durante and Silvers, two salesmen, try to sell a recruiting sergeant a cleaner, but wind up as enlistees. They find Jane Wyman as the colonel's daughter (Donald McBride is the colonel) and she asks their aid to convince her father to submit to mechanization of his outfit. Both Miss Wyman and Durante are heard in songs. Others in the cast include Regis Toomey, George Meeker, Joseph Sawyer and William Haade. Lewis Seiler deserves credit for the direction so ably suited to a comedy of this type. Ben Stoloff was associate producer Running time, 79 minutes. "G."* Edward Greif Takes Upstate Houses Albany, Dec. 2.— Mitchell Coner who operates a group of houses I Schoharie and Otsego Counties, N. Y has taken over the Casion in Wate town, N. Y., and a house in Gra Island, N. Y., from Victor Bunze Chicago Theatre Sold Chicago, Dec. 2. — The Oakk Theatre here has been sold by Lest« Retchin to the Bartelstein Bros, cii ruit. Acquires N. Y. State House Fort Edward, N. Y., Dec. 2- Harry Lamont, independent operate with theatres at Hudson, Greenvill Athens and Berlin, N. Y., has take over the Bradley Theatre here. Buy California Theatre Walnut Grove, Cal., Dec. 2.- Hazel M. Gilbert and Ray E. Hai vey have bought the Walnut Gro\ Theatre from Harriet Harvey. Shift Connecticut Managers New Haven, Dec. 2.— Nat Rubii former assistant at the Loew-Po here, has been named manager of th new Lyric, Bridgeport, Conn. Fran Manente, former student assistant i the Loew-Poli, has been promoted t assistant and Herbert Coleman of th Bijou has taken Manente's place z the Loew-Poli. Steel Against the Sky' Heads Phila. RCA Office Philadelphia, Dec. 2.— Ken P. Haywood ha- been placed in charge of a service office opened here for the first time by RCA Photophone. ( Warners) A NOTHER in a series of productions extolling the exploits of those whose dangerous day-by-day labor makes modern-day civilization possible. "Steel Against the Sky" tells the tale of men who build bridges. In it, A. Edward Sutherland, who directed, scores a smash climax with a sequence showing what happens when a derrick breaks loose on top a half-completed bridge during a driving snow storm. The fury of the winds, the danger lurking in every step on the ice- coated girders and the tremendous force of the loose derrick swinging m the gale are presented with breath-taking dramatic impact and are likely to be remembered as one of best sequences of its kind. Unfortunately, however, some weak comedy makes up the early part of the film and prevents the plot from getting off to a faster start The story concerns itself with three brothers, Lloyd Nolan, Edward Brophy and Craig Stevens, who live with their crippled father, Edward Ellis, and follow the trade he taught them, bridge building. Stevens, the young- est, is not of much account until he falls in love with Alexis Smith, whom Nolan also loves. Stevens and Nolan vie for her attentions and a serious family quarrel starts, but it is settled during the storm sequence and Stevens wins Miss Smith. Walter Catlett, as a "professor" con- stantly working on his worthless inventions, is responsible for the comedy. Edmund Grainger was associate producer. Running time, 68 minutes. "G."* Edward Greif Named Exploitation Manager San Francisco, Dec. 2.— Richar Romo of the Fox Theatre advertisin staff has been made exploitation man ager of the Warfield. Both are Fox West Coast Theaters. Named Assistant Manager \ Norfolk, Va., Dec. 2. — Olg Gibbs, cashier at the Colonial Thea tre here, has been named assistan, manager, succeeding Gerald Trout, who has entered the Navy. Assistant Manager Shifted York, Pa., Dec. 2.— Jerome Vai Brackle, assistant manager of War! ners' Ritz, has been transferred to mil circuit's Capitol here, succeeding Jacl Kinard as assistant to manager Harr>| Olmstead. New Theatre Firm Sacramento, Dec. 2.— Suburbai Theatres has incorporated here tc operate a California circuit with head quarters in San Francisco. Director are Robert L. Lippert of Alameda ant Leslie M. Kessler and Albert H, Kessler, both of Berkeley. * "G" denotes general classification. House Shifts to Duals Rochester, Dec. 2. — Departing from its long-established one-featurt policy, the Little Theatre will show "The Story of the Vatican" and "The Adventures of Chico" next week. p WcdnesJa\ . December 3, 1941 Motion Picture Daily Pizor in Complaint; Dismiss D.C. Case j An arbitration complaint on clear- ince was tiled at the Philadelphia ar- oitration board by Lewen Pizor, ex- nibitor organization leader, on behalf kf his Tioga Theatre, yesterday, while t Washington complaint was dis- missed and one was withdrawn in Jhicago. Second Complaint Pizor filed a clearance complaint a>t July on behalf of the Tioga, nam- ng Warners, Paramount and 20th Jentury-Fox, which was subsequently .Mthdrawn, following a reported set- ;k-ment. The new clearance complaint lames only Paramount and charges :hat the distributor ordinarily gives |he competing Warner Strand 30 to JU days clearance over the Tioga. It a>ks an award fixing the maximum clearance of the Strand at 14 days over the Tioga. The Keystone and Great Xorthern theatres are named as interested parties. The Chicago case withdrawn was that of the Ogden Theatre, operated by Ben Cooney and Harold McFar- land. It named all five consenting companies and alleged unreasonable clearance in favor of the Marshall 'Square Theatre. A settlement was reported to have been reached. Linden Loses Case At Washington, Milton W. King, 1 arbitrator, dismissed the clearance i complaint of the Linden Theatre, Bal- [ timore, against Warners, Paramount I and RKO, holding that the plaintiff ( had failed to uphold his contention i that the 14 days clearance granted the j Met Theatre over the Linden is un- reasonable. James Hayes and Robert Sher, former assistants to the U. S. Attorney General, who aided in the drafting of the consent decree, were counsel for the plaintiff in the case. Walsh Asks 702 Be Named at Para. Lab Richard F. Walsh, IATSE presi- '■if dent, has written Barney Balaban, lt| Paramount president, asking that Lab- oratory Technicians Union, Local 702 ■ of the IA, be recognized as the collec- tive bargaining agency at Paramount's Long Island laboratory, it was learned yesterday. At present, the company ; has an agreement with an independent union which does not expire until April 30. Denies William Fox Bid to Change Plea (Continued from page 1) request made yesterday by Fox's counsel. Fox was sentenced recently to a year and a day and a fine of $3,000 on the conspiracy charges. He was the leading witness against J. Warren Davis, resigned U. S. Circuit judge, during a recent trial on similar charges. After two disagreements, the indictment against Davis was quashed. Schenck Appeal to Be Argued Today Appeals from judgments of convic- tion on income tax evasion charges in • the cases of Joseph M. Schenck and Joseph H. Moskowitz will be argued in the U. S. Circuit Court of Appeals here today. Review "The Vanishing Virginian (M-G-M) TT ERE is a picture of unusual charm ; the charm of friendly, civilized *■ * people and their kindly way of life; the nostalgic charm of beliefs, traditions and loyalties of the days that are past but whose passing has enriched and endeared them in the memories of many. And it is a pic- ture which because of its substance, its lack of marquee glamor names and its unrevealing title challenges every exhibitor who plays it to get from it the rich rewards which are there waiting for real showmen. It will pay off only in proportion to the exhibitor's ability to realize what he has in it and to communicate that realization to potential customers. Whatever the effort in this respect, the picture merits it and the exhibitor expending it seems destined to meet pleased patrons and new patrons. There is in it no story that submits to critical analysis. It is an account of the days and the years of a family of Virginians of a genera- tion ago. The love of the parents, Frank Morgan and Spring Byington, and the long professional career of Morgan as public prosecutor in Lynchburg, Va., provide continuity rather than story and plot. Despite the absence of an easily recognized, standard plot, the picture is not episodic, at least, no more consciously episodic than everyday life. The family members are well-drawn characters who catch and hold audience interest, who succeed in making you care what happens to them this year and the next and the one after that. Wisely, Frank Borzage's direction has seen to it that not all that happens are high spots. He has caught the uneven tenor of family life, the humdrum as well as the joys, the sorrows and the loves. Yet scenes like the funeral of the old, colored family retainer, a rescue of children at play from an enraged bull, a family gathering on a porch-front at dusk, a reunion after father's defeat at the polls, and many others for their sheer human essence must catch and hold the sentiments of many. Kathryn Grayson, Natalie Thompson, Juanita Quigley, Scotty Beckett and Dickie Jones are uniformly appealing as the children. Lehigh Whipper, as the colored retainer, does an outstanding characterization. Louise Beavers is good as his wife. Lesser parts are capably handled. Edwin Knopf produced. Running time, 93 minutes. "G."* Sherwin A. Kane 'G" denotes general classification. Name Winners in 20th-Fox Contest For 4Sun Valley' (Continued from page 1) cisco ; Jack Matlack, Criterion Thea- tre, Medford, Ore. ; Ray Hendry, Centre Theatre, Salt Lake City, and Lige Brien, Belmar Theatre, Pitts- burgh. Honorable Mentions Honorable mention was awarded to : Dave Kamsky, Byrd and State thea- tres, Richmond ; Charles Meeker and Walter Henshel, Palace Theatre, Dallas ; Sterling Way, Boulder Thea- tre, Boulder, Col. ; David Sablosky, Norris Theatre, Norristown, Pa., and Harold Barnes, Capitol Theatre, Clin- ton, la. Terrell, Hendry, Brien, Kamsky, Way, Sablosky and Barnes are mem- bers of the Managers Round Table of Motion Picture Herald. Judges for the contest were, A-Mike Vogel, Motion Picture Herald, Chick Lewis, Showman's Trade Review, John Flinn, Variety, Sam Shain, Mo- tion Picture Daily, Maurice Kann, Boxoffice, Jack Alicoate, Film Daily, and Herb Miller, Jay Emanuel Pub- lications. 20th-Fox Staff Present Among those present at the lunch- eon were A. M. Botsford, director of advertising and publicity of 20th Cen- tury-Fox and Earl Wingart, Rodney Bush, Roger Ferri, Sid Blumenstock and Stephen L. Freeland of his staff. B & K Year Rent on Three Houses $50,000 Chicago, Dec. 2. — Recording of the leases reveals here that Balaban & Katz will pay a combined annual rental of $50,000 for the Portage, Drake and Admiral theatres, recently taken over from the GCS Circuit. This would make it a $1,000,000 deal over the 20-year period of the lease. The theatres, which have a total seating capacity of 4,950, will be re- modeled, with B & K planning to spend $30,000 on the interiors during 1942. GCS will maintain the fronts of the theatres during the period of the lease, planning to spend $15,000 on them before next June 1. Kozanowski Heads Buffalo Variety Club Buffalo, Dec. 2. — Stanley Koza- nowski has been elected chief barker of the local Variety Club. Other offi- cers are : Elmer F. Lux, first assist- ant ; Andrew Gibson, second assist- ant; W. E. J. Martin, secretary- treasurer. Martin was reelected for his seventh consecutive term Members of the board include the officers and Murray Whiteman, Mat- thews V. Sullivan, Jr., Syd Samson, Dewey Michaels, Ralph W. Maw, Irving Fried, and Nicholas J. Basil. Sarecky Joins Katzman Hollywood, Dec. 2. — Barney Sa- recky, formerly associate producer for Dixon R. Harwin, releasing through Monogram, today was named produc- tion manager for Sam Katzman's Banner Pictures Corp., also releasing through Monogram. THE THRILL SHOW OF THE YEAR! MR. DISTRICT ATTORNEY IN THE CRRTER MSE JAMES ELLISON* VIRGINIA GILMORE* franklin pangborn PAUL HARVEY* LYNNE CARVER • SPENCER CHARTERS • Bernard Vorhaus • Director Original screen play by Sidney Sheldon and Ben Roberts Based on the Phillips H. Lord Radio Program, "MR. DISTRICT ATTORNEY" A REPUBLIC PICTURE 6 Motion Picture daily Wednesday, December 3, 194 Censor in NY Bans Only 8 Films in Year (Continued from page 1) eliminations in 111 films the previous year. Statutory reasons were : indecent, 241 ; inhuman, 35 ; tending to incite to crime, 18; immoral or tending to corrupt morals, 195, and sacrilegious, 14. Reduction in rejections and elimina- tions was due, Esmond said, in part to frequent conferences between his division and license applicants, as well as with producers and exhibitors, whereby it was possible to suggest a plan of revision of pictures in order to relieve them of objections under the statute. Record Receipts in Year Gross receipts of the division for the year ending June 30, 1941, were the greatest in the 20-year history of the censor board. The income totaled $316,095 for the 12 months, as against $311,800 the preceding year. Expendi- tures were up to $68,418 as contrasted with $63,877, with a net revenue to the state of $247,677 against $247,922 for 1939-'40. Since the board's inception Aug. 1, 1921, to June 30, 1941, the state has received $4,710,170, expending a total of $1,446,521, with net revenue of $3,263,648. The revenue is derived chiefly from a charge of $3 per reel oh originals and $2 per reel on prints. From 22 Countries Although foreign pictures dropped sharply, Esmond reported the same number of foreign countries, 22, was represented, although they were not always the same countries. Foreign- made pictures reviewed were from : Great Britain and its possessions, Germany, France, China, Mexico, Czechoslovakia, Poland, Sweden, Hungary, Russia, Italy, Finland, Ire- land, Spain, Austria, Argentina, Nor- way, Cuba, Greece, Palestine, Puerto Rico and Siam. 300 at Screening of Warner Ballet Shorts "Spanish Fiesta" and "The Gay Parisian," Warner two-reel subjects featuring the Ballet Russe de Monte Carlo, were screened yesterday at Fefe's Monte Carlo for an audience of about 300 persons, including General Eleazer Lopez-Contreras, president of Venezuela ; many of New York's Social Registerites, film personalities and the press. Among those attending were Tam- ara Toumanova, Mrs. Leonore War- ner, Jeffrey Lynn, Monty Woolley, Dorothy Kilgallen, J. Reagan Mc- Crary, Irving Kolodin. Mark Hanna, Mrs. William Randolph Hearst, Jr., Tom Beck, A. G. Vanderbilt, and Lucius Beebe. Variety Club Elects In Baltimore Tonight Baltimore, Dec. 2. — Baltimore Tent, No. 19, of the Variety Club will hold its annual election of officers to- morrow night. A special party has been arranged for entertainment of the voters. Reviews "Babes on Broadway" (M-G-M) Hollywood, Dec. 2 WHEN the title-card reading "Mickey Rooney and Judy Garland in " Hashed on the screen of the Alexander Theatre in Glen- dale the paying guests shrieked their delight. When the next title-card announced "Babes on Broadway" they screamed anticipation of the entertainment to come and settled into their seats in a hush of expect- ancy. Thereafter they alternated between chuckles, howls, bursts of applause and stretches of restlessness, punctuated by a couple of touches of weeping, indicating by their behavior at the end that a lot of enter- tainment, perhaps even a bit too much, had been witnessed. It is a sort of omnibus-type property that M-G-M has fabricated for its No. 1 Star and his No. 10 associate (their rankings in last year's Motion Picture Herald-Fame poll) and the picture is, as is typical of its kind, very, very good in the good spots and quite to the contrary in the bad ones. It is great stuff when the entertainers are entertaining indi- vidually, dually and collectively, in songs, dances, impersonations and satires, and it is, perhaps in part by contrast, extraordinarily inept in the narrative stretches between these numbers. The story with which the players are occupied between musical num- bers is another variant of the tale about people who want to stage a show but lack funds. Fred Finkelhoffe and Blaine Ryan, who wrote it, de- vised a number of switches and angles, some good and some hard to take, but whatever virtue or cost there may be in audience recognition can be counted on to manifest itself. The names, as listed, are Mickey Rooney, Judy Garland, Fay Bainter, Virginia Weidler, Ray McDonald, Richard Quine, Donald Meek, Alex- der Woollcott, Luis Alberni, James Gleason, Emma Dunn, Frederick Burton, Cliff Clark and William Post, Jr. Rooney, top man in a trio which includes McDonald and Quine, sup- plies half a dozen sparkling sessions of song and dance, topping them and himself with a burlesque of Carmen Miranda which had the cus- tomers screaming. McDonald twice takes over complete command of camera and set, soloing in two dances — one of them interrupted three times by audience applause — which establish him alongside Fred Astair and Ray Bolger. It is as a musical, of course, that showmen will be exploiting the attraction and in doing so they are warranted in going the limit. They can say, for instance, that the picture contains 15 musical numbers, among them some of the best they've ever seen, and they can promise that Busby Berkeley, director of the picture, has seen it to that all of his past experience in the field of dance direction is reflected in the enter- prise. Produced by Arthur Freed, manifestly with complete liberty as to budget, the picture is strong enough in music and in solo performances to be forgiven its story. Running time, 118 minutes. "G."* Roscoe Williams A "Dr. Kildare's Victory" {M-G-M) NEW love in the person of Ann Ayars enters the life of "Dr. Kil- dare" to fill the spot made vacant by the "death" of Laraine Day in the previous issue in this series. While it may take some time for Miss Ayars to win the affection in the hearts of the audiences which Miss Day achieved over a period of time and many pictures, Miss Ayars gives every indication that she is entirely capable of filling the spot. At least for Miss Ayar's first picture in the series, Lew Ayers pays little attention to her wiles, apparently still mourning the death of his former sweetheart. Cast as a debutante glamour girl, Miss Ayars is brought to the hospital with a piece of glass piercing her heart. After a successful operation by Ayers (with Lionel Barrymore on the side- lines explaining what takes place), she has a rapid recovery and promptly falls in love with her doctor. The picture ranks well up with the rest of the series. A fellow-interne ( Robert Sterling) of Kildare's is dismissed for violating a rule which required him to bring Miss Ayars to another hospital because of a terri- torial division between the two institutions. Sterling plans to go ahead with his marriage to Jean Rogers, a nurse, but the latter is also dis- missed when she sends away a patient in observance of the same rule. Finally, Barrymore and Ayers succeed in planting a story of the episode in the newspapers and a more humanitarian rule is effected, together with the reinstatement of Sterling and Miss Rogers. Alma Kruger, Wal- ter Kingsford, Nell Craig, Edward Gargan, Marie Blake, Frank Orth and George H. Reed are among the rest of the cast. Major W. S. Van Dyke II directed. Running time, 92 minutes. "G."* Edward Greif * "G" denotes general classification. Housewife Matinee Philadelphia, Dec. 2 T OCAL theatres offer de- J—d fense worker matinees and children's matinees for the convenience of such patronage, and now the 56th St. Theatre comes forward with "Housewives' Matinees." To enable the housewife to come early and leave early, and still be able to see the whole afternoon show, the * new policy calls for the 1 matinees to start at 1 P.M., heretofore starting at 2 P.M. The policy will prevail from Mondays through Fridays. RKO Annual Drive Will Begin Dec. 2t The RKO annual billings drive wil be known as the 1942 Ned Depinc- Drive, and will run for 20 weeks from Dec. 20 to May 8. Depinet i vice-president in charge of distribu tion. Nat Levy, Eastern district man ager, will be drive captain, and witl Harry Gittleson, editor of Flash house organ, will start Monday on ; tour of exchanges. Sales Manager A. W. Smith, Jr. Eastern Division Manager Rober Mochrie, Western Division Manage Walter B ranson and Canadian Di vision Manager Leo Devaney wil join the trip at intervals during it visit to 38 branches in the Unite: States and Canada.. The various dis trict managers also will tour with th captain in their respective territories which include : Northeastern, Gu Schaefer ; Eastern Central, Charle Boasberg ; Southeastern, Davii Prince ; Midwestern, Jack Osserman Prairie, L. E. Goldhammer ; Rock Mountain, H. C. Fuller ; Western, j H. Maclntyre. Elliott to Do Jungle Film for Monogran Hollywood, Dec. 2. — Clyde E. El liott, producing director of Fran Buck's "Bring 'Em Back Alive," ha signed with Monogram to produce new adventure film in the Sout American wilds. He will leave shortly for a stay c several months in the jungles c Matto Grosso and the Amazon are; He plans to expose about 200,00 feet of film. The picture will trace th adventures of a young man explorin the jungles. The tentative title i "Catch 'Em Alive." PRC Expands Its Field Sales Ford The field force of Producers Re leasing Corp. has been expanded b Arthur Greenblatt, general sales man ager. New salesmen appointed are Oliver Wog, Los Angeles ; Georg Cooper, Milwaukee ; J. B. Cummin' Atlanta ; J. Brimmer, Omaha ; F. . Lee, Denver ; Mark Ross, Chicago. A number of new circuit deals i the Midwest, South and East hav been closed, according to Leon From) kess, executive vice-president. Form Producing Firm Sacramento, Dec. 2. — Capitalize at $200,000, ABC Picture Co. ha been incorporated here to produc motion pictures and television prr THE WORLDWIDE AUTHORITY ON TALENT VALUES QUIGLEY PUBLICATION The eighth annual edition of FAME is now in preparation. Edited by Terry Ramsaye, it will be published about January 1st, 1942, and will analyze and summarize the year's outstanding talent successes. Among its features it will present the box office champions of 1941 with complete 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 1941 as polled by Motion Picture Daily among the editors of the daily newspapers of America . . . Fame and Radio — an analysis of the extent to which the air waves lean on Hollywood for talent. F AM 8 Motion Picture Daily Wednesday, December 3, 1941 RCA Television in Theatres Off For Defense Emergency (Continued from page 1) ity regulations and the lack of any definite interest on the part of the industry- Although there were many discussions with exhibitors during the Spring and early Summer, no agree- ment was consummated. At the time RCA demonstrated theatre television in May, RCA stated that it had perfected the equipment and would be willing to have those with theatre experience handle the production and exhibition. However, it was under- stood at that time that RCA would arrange the production details if no others could be found. Meanwhile, DuMont has a large screen receiver developed. No dem- onstration for the trade has been arranged, however, and it is under- stood that none is contemplated at present. Scophony actually started instal- lation of a large screen set in the Rialto but the installation was never completed and the Rialto recently re- covered damages in an arbitration award. Song Renewal Right Vested in Publisher (Continued from page 1) Fisher and Al Bryan and the Fred Fisher Music Co. "Come, Josephine" was copyrighted in 1910 while Fisher and Bryan were employed by the plaintiff. Both the plaintiff and the defendants in 1938 sought to file a renewal of the copy- right, and the conflict led to the suit. Chief Judge Learned Hand overruled the argument of the defendants that Section 23 of the copyright law cover- ing renewal rights granted this right to an employer only when the latter had contributed some of the creative work. Leo J. Rosett, attorney for the plain- tiff,* stated yesterday that it was the first determination by a Federal court on the question of ownership renewal rights to a song. Leaves Canada Circuit Toronto, Dec. 2. — M. L. Axler has resigned as supervisor of maintenance with 20th Century Theatres, Toronto, to take over the management of the Victory Theatre in succession to his father, Isidore Axler, who died re- cently. The theatre is a downtown Toronto unit of the 20th Century chain, affiliated with Famous Players Canadian Corp. Raise Price for Show New Hatch, Dec. 2. — For the week's engagement of vaudeville at the Paramount, beginning Friday and featuring Jimmy Lunceford and Bill Robinson, the price schedule has been increased from the usual 40-50 cents to 50-65 cents, including tax. Mati- nees will be 35 cents to 44 cents, in- cluding tax, and children will be 25 cents at all times. Fishman-Union Deal Set New Haven, Dec. 2. — Fishman Theatres, Inc., has signed for three years with operators' Local 273, with increases provided. Decree Takes Industry Out Of Judiciary, Court Hears (Continued from page 1) represents defendants Louis Rosen- baum, Mrs. Nettie Sudekum and Muscle Shoals Theatres. He attacked the "theoretical ques- tion" of Allen A. Dobey of Gov- ernment counsel in final argument yesterday : "Can an independent buy against a circuit?" Dobey's question, Mitchell said, is a "contractual question." He maintained that reputable in- dependent exhibitors can and have bought films successfully "against a circuit," and cited the case of his own client, Rosenbaum, who before 1920 moved into a substantial Ar- kansas town, built a good independ- ent theatre business, and within five years a competing circuit theatre and another independent had left rather than Rosenbaum. The final arguments, continuing for a second day, made little headway as most of the day was taken up by another proceeding before Federal Judge Elmer Davies, the trial judge. Universal and United Artists today filed a supplemental brief in which they declared the Government, in its argument yesterday, made no seri- ous effort to controvert any of the distributors' findings of fact, on file since Oct. 15. "Only by innuendo and asser- tion of fact without factual basis, from which it draws wholly unjustifiable inferences," the brief declared, "does the Government seek to meet these facts and to establish its theory of liability, whatever that may be. "It is elementary that difficulty of proof is no substitute for proof ; nor do suspicious circumstances consti- tute proof. Furthermore, the proof as to intent or as to the fact of con- spiracy is dependent wholly upon cir- cumstantial evidence." Stromberg Sets Dividend Rochester, Dec. 2. — Stromberg- Carlson Radio Co. has resumed divi- dend payments on the common stock with directors voting 50 cents on that issue. The last dividend on the com- mon was in 1937, when three pay- ments of 12% cents were made fol- lowing a like payment in 1936. WNEW Increases Staff Two announcers and two engineers have been added by WNEW. The announcers are Bert Wayne, formerly of New England, and Harry Wood, last heard on KYW, Philadelphia. The engineers are Saul Osias and Murray Goldberg. To London for NBC Robert St. John, NBC newscaster, will leave by plane for Lisbon Dec. 15 to join Fred Bate's London staff of the network, it was announced yester- day by A. A. Schechter, director of news and special events. Radio Music Fees Frozen in Canada (Continued from page 1) eight cents per receiving set for the Society and one cent a set for BMI, based on coverage of individual sta- tions. The CPRS is an affiliate of Ascap. It is understood that both music organizations will drop their applica- tion to the Copyright Appeal Board for permission to increase the broad- casting fees but will still ask a higher fee for "juke" boxes and portable film projectors. Sedgwick intimated that the agree- ment between the radio and music in- terests was reached voluntarily be- cause of the Government stabilization plan freezing wages, retail prices and theatre admissions, as a war measure. 1,000 Attend Dinner to Murrow (Continued from page 1) CBS from 9:30 to 10 P. M. as a spe- cial program in place of the regularly scheduled "Report to the Nation." Paley introduced Murrow with tribute to him and all newscasters. Murrow gave his own reflections of the over- seas situations. Elmer Davis, CBS news analyst, was toastmaster. Also on the program were Lily Pons, with Andre Kostelanetz at the piano; William L. Shirer, CBS news analyst ; Archibald MacLeish, librar- ian of Congress, and Kate Smith, with Ted Straeter at the piano. Dinner music was by the Columbia String En- semble. Among the guests were Henri Bern- stein, Dr. Artur Rodzinski, Herbert Bayard Swope, David O. Selznick, Tom Connors, Sam Shain, Richard Berlin, David Lawrence, Edward J. Flynn and David Dubinsky. On the dais were : Albert L. War- ner, CBS Washington analyst; Joseph V. Connolly, president, King Fea- tures; Major George Fielding Eliot, CBS military analyst; John Benson, president, American Association of Advertising Agencies ; Kent Cooper, general manager Associated Press ; Bishop Francis J. McConnell ; Robert E. Sherwood, deputy Coordinator of Information ; Newbold Morris, presi- dent of the City Council ; James Fly, chairman, FCC; Most Rev. Francis A. Mclntyre ; Alfred E. Smith ; Lieu- tenant Governor Charles Poletti ; Ed- ward Klauber, executive vice-presi- dent, CBS ; Godfrey Haggard, British consul general ; Don Francisco, di- rector, Communications Division, Of- fice of the Coordinator of Inter-Amer- ican Affairs; Paul W. White, CBS director of news broadcasts ; Paul B. West, president, Association of Na- tional Advertisers ; Lyman Bryson ; Lindsay Wellington, British Broad- casting Corp. ; Rabbi Jonah B. Wise ; Hugh Baillie, president, United Press, and Linton Wells. Letters were received from Presi- dent Roosevelt, Secretary of State Cordell Hull, and Viscount Halifax, British Ambassador. Greene, Revel Form Music Unit With BMI In the first major move to obtain Hollywood song writing talent for BMI, that organization announced yesterday that Mort Greene and Harry Revel have formed a publishing firm in partnership with BMI. Although the exact stock ownership of the new company, which will be called Greene & Revel, Inc., was noj revealed, it is understood that BMt will own 50 per cent, with the re- mainder divided between the two writers. The company will special- ize in the publishing of film scores, although music from other sources will be used. The move is expected to aid con- siderably the exploitation of songs from films over the air. The first five songs to be published will be from the RKO picture, "Call Out the Marines." These songs will be "Be- ware," "Zana Zaranda," "Hands Across the Border," "The Light of My Life Went Out Last Night" and "Call Out the Marines." Both Ascap Members Although both Greene and Revel are Ascap members, the radio-music consent decree permits them to grant direct licenses to stations, provided that Ascap receives whatever money is paid for such direct license. The form the arrangement is expected tc take is that all Ascap licensees will be permitted to perform the songs under their existing licenses while BMI sta- tions will get direct licenses without charge so that no further payment to Ascap will be required. Since the music of other writers, not necessarily Ascap members, also will be pub- lished by the new firm, some of the songs will be exclusively BMI. Pro- motion offices will be opened in Chi- cago and New York, as well as Hollywood, it was said. N. J. Broadcasters Form Association Trenton, N. J., Dec. 2. — Officials of a majority of the radio stations in New Jersey have organized the New Jersey Broadcasters Association for the purpose of establishing statewide broadcasting policies regarding de- fense, governmental, charitable and other programs. A. Harry Zoog, president of WFPG, Atlantic City, was elected president of the association. Edward Codel, manager of WPAT, Pater- son, and O. L. Maxey, manager oi WSNJ, Bridgeton, were elected vice- presidents, and Walter Patrick Kelly of WAAT, Jersey City, secretary- treasurer. The executive board also will com- prise John C. Bird of WCAP, As-^ bury Park, and WBRB, Red Bank George V. Kelly, of WPAT, Pater son; George C. McGinley, of WTTM Trenton, and A. B. Schillin, vice president of WAAT, Jersey City. St. Louis House Burns St. Louis, Dec. 1.— The Maffit Theatre, third-run house in North St! Louis, which has been closed sinc< Sept. 10 because of a dispute with tin stagehands' union, was virtually de stroyed Saturday morning by a spec tacular three-alarm fire. The theatn was extensively remodeled last sum mer at a cost of $50,000. Fire official estimated the loss at $40,000. — Alert, -ilnteWgee €± to the^j Picture Industry tion MOTION PICTURE DAILY First in and Impartial |L. 50. NO. 110 NEW YORK, U.S.A., THURSDAY, DECEMBER 4, 1941 TEN CENTS \\°fo Slash In British Quota Is Proposed iatification Expected of Trade Board Plan London, Dec. 3. — The Board of Vade today proposed a two and ne-half per cent reduction in both xhibitor and distributor quotas in m order submitted to Commons, 'arliamentary ratification is ex- acted to follow the formal recom- mendations of the Board of Trade. The proposed new quota for exhibitors is 15 per cent, as compared with the present 17'/2 per cent, and the new distribu- tors' quota is 20 per cent, com- pared with the existing 22Vi per cent. American distributors and others lad hoped for a complete waiver of (Continued on page 5) NBC to Revise Beer Sponsorship Policy A basic revision of NBC program policies concerning the acceptabiliti- es sponsors selling beer or cathartics is in preparation and may be released over the weekend, it was reported yes- 'terday. The revision is expected to state clearly what has already been accomplished in fact — that such busi- ness is acceptable. Some speculation exists, however, on the question of the acceptability of ■this type of business on NBC's Red network. NBC-Blue has recently ac- cepted business from Ballantine Beer & Ale and Ex-Lax, Inc. Although de- sirable time on the Red is sold out (Continued on page 8) Nazi Propaganda Films Toned Down Ottawa, Dec. 3. — Nazi film propaganda films seized by the British indicate a change in their attitude since the war with Russia began, according to John Grierson, Canadian Film Commissioner. Films of the present campaign show the Nazis have dropped their cocksure attitude of the war on the Western front and that the conflict is now "a grim business." N.W. Allied to Talk With Sales Heads on Minnesota Problems Minneapolis, Dec. 3. — Representa- tives of Northwest Allied who will attend the all-industry unity meeting in Chicago next Tuesday plan to avail themselves of the opportunity to con- fer with sales executives of major companies on the serious product shortage and other problems in Min- nesota. Fred Strom, executive secretary of Northwest Allied, and Benjamin Ber- ger, who will head the organization's delegation to the unity meeting, em- phasized tbat the talks to be held with the sales managers who are expected in Chicago will not be officially rep- resentative of Northwest Allied but will be a voluntary effort on the part of individual members of the delega- (Continucd on page 5) Taplinger to Col., Harry Cohn Aide Robert S. Taplinger will become executive assistant to Harry Cohn, Columbia president, under a long- term contract with the company, Col- umbia announced yesterday. Taplinger, who announced his res- ignation as Warners' national public- ity director the day before, will make his headquarters at the Columbia studio, where he will report on Mon- day. Before coming to the Warner home office several weeks ago, Taplinger was in charge of Warner studio pub- licity for four years. Prior to that (Continued on page 5) Theatres Ask Probe Of Demand by Union The League of New York Theatres has asked State At- torney General Bennett to in- vestigate a demand by the United Scenic Artists of America that a scene painter be employed continuously dur- ing the run of a play. The union plans a referendum which would provide such terms in theatre contracts. The league claims such maintenance men would ask $90 a week minimum. The union claims the work is now done by members of other unions, called an infringement of the scenic artists' jurisdiction. McCoy Named W.B. Division Manager Ralph L. McCoy, Warners' South- eastern district manager and Atlanta branch manager, yesterday was named Southern and Midwestern division manager by Benjamin Kalmenson, Warners' sales head. McCoy arrived from Atlanta yesterday to establish his new headquarters at the home of- fice. Kalmenson announced that Henry Herbel, West Coast district manager, will be given additional duties in that territory, and that W. C. Williamson, Jr., former Warner branch manager at Memphis, has been appointed man- ager at Atlanta, succeeding McCoy. Henry Krumm, former salesman at the Dallas branch, was promoted to branch manager at Memphis. St Louis, Memphis Pass Garbo Film, Omaha Cuts Move for Control of Freelance Writers Hollywood, Dec. 3. — Plans to con- trol freelance publicity men and pho- tographers whose output reaches pub- lication without studio inspection will be discussed by the Studio Publicity Directors Committee tomorrow. A four-page layout in the current edition of Pic which depicts a danc- ing troupe in nightgowns with captions giving the impression that these are film people and the scene a motion pic- ture studio, which it is not, is re- sponsible for the move, it was said. St. Louis and Memphis censors yes- terday approved M-G-M's "Two- Faced Woman," Greta Garbo picture. The Memphis local censor board, which has been inactive for the past three years, passed the film after re- questing a special screening. In St. Louis, Frank Reller, chief probation officer for the Juvenile Court, approving the film, said the scenes were no more objectionable than those found in most pictures. Reller was a member of a selected group headed by Prosecuting Attor- ney James P. Finnegan which saw the picture privately tuesday. Rex Wil- liams, manager of Loew's State, said in a statement that the confidence of (Continued on page 8) Full Authority In RKO Given To Schaefer Conditions U nderHisNew Deal With Company George J. Schaefer was granted full operating authority over RKO by the company's board, which met yesterday. These condi- tions are under his new deal with the com- pany. Joseph I. Breen will be the over - all authority on production and the board of directors will Hereaf ter serve as a working board, meeting each week, in- stead of once a month as heretofore. Floyd Odium, president of Atlas Corp., attended yesterday's meeting. This full operating authority was recommended in a report on the com- (Continued on page 5) George J. Schaefer Pleas End, Crescent Case Goes to Judge By JOHN SHUMAKER Nashville, Dec. 3. — United Artists and Universal Film Exchanges shared the brunt of the Government's closing argument in the Crescent anti-trust case today, as Robert L. Wright, spe- cial assistant to the U. S. Attorney General, asked Federal Judge Elmer Davies not to let the two distributors go free. Judge Davies took the case under advisement this afternoon after a total hearing of nearly eight weeks. A decree holding both in violation of the Sherman Act should be en- tered, Wright declared. Columbia, third of the "Little Three" defend- ants, was dismissed during the trial last Summer. The Government's case as to Uni- versal and United Artists is admitted- ly narrow and is based, in the case of U. A., on alleged discrimination at Rogersville Tenn., and Athens, Ala., and 63 and 71 -situation deals with Crescent. The Government holds that Universal discriminated in film (Continued on page 8) 2 Motion Picture Daily Thursday, December 4, 1941 Alfred Hitchcock has returned to the Coast with his wife, Alma Re- ville. Jesse L. Lasky has returned to Hollywood from Missouri. Defense Booms Film Grosses in Norfolk Norfolk, Va., Dec. 3. — Concentra- tion of Army and Navy personnel and defense workers has brought a wave of big business to local film houses, with turnaways more and more fre- quent this Fall. The Norva smashed a 13-year-old house record Thanks giving with 6,200 admissions in a single day. Picture was "Birth of the Blues." The old record was estab lished by "Singing Fool." Para, and F. & M. Set Product Deal Paramount has closed with Fanchon & Marco for its first two blocks of pictures for first run showing in St. Louis, Charles M. Reagan, Paramount assistant sales manager, announced yesterday. The deal was negotiated by Reagan with Harry C. Arthur, Jr., vice-president of Fanchon & Marco. BROADWAY PLAYS "GRAND -SCALE SMASH HIT! — Life Magazine GERTRUDE LAWRENCE In the Musical Play "LADY IN THE DARK" ALVIN, 52 8t. W. of B'way— Mats. Wed. & Sat. Review "Paris Calling" {Universal) lV/f ELODRAMA concerning the underground activities in France of a group of French patriots whose every effort is designed in oppo- sition to the Nazis, this film has pace, movement and suspense to recom- mend it as first-rate entertainment. The implausability of certain situations and the conclusion tend to detract from the effectiveness of the melodrama, but in general the story is well told and well acted. As produced by Benjamin Glazer and directed by Edwin L. Marin, the film has been given ample production values, speed and excitement. Its timeliness, with much made of the "V" for Victory symbol, should be of value in selling the film. Elizabeth Bergner plays the fiance of Basil Rathbone, Frenchman who turns out to be in league with the Nazis after the occupation of Paris. When her mother is killed in a merciless strafing of French refugees, Miss Bergner joins the underground movement. She meets Randolph Scott, American flier with the RAF, who is left behind in the evacuation of France, and is pursued by the Nazis. Assigned to trap Rathbone, she contrives to obtain his papers, kills him and escapes to send the information to England via secret short- wave, using piano notes for code transmission. Scott, meanwhile, escapes the Gestapo to come to her aid. An RAF unit of Marines in a transport plane reaches the seaport town in time to effect a rescue of all concerned. Running time, 95 minutes. "G."* Charles S. Aaronson *"G" denotes general classification. 'Pulham' Has Double Opening in Boston Boston, Dec. 3. — The double world premiere of M-G-M's "H. M. Pul- ham, Esq." was held here tonight at Loew's State and Orpheum theatres following a full day of preliminaries which garnered plenty of space in local papers. The premiere audience was headed by Governor Saltonstall of Massachu- setts. Robert Young, star of the film, and J. P. Marquand, author of the story, made personal appearances at both theatres. Prominent in the audience, which included Boston's elite, were many members of Harvard's class of 1915, chief objects of Marquand's ridicule in the story. The picture was well re- ceived by local critics. Resume Paper Sale As Writ Is Granted The seven New York newspapers involved in the newsdealer dispute went back on the stands yesterday as a temporary injunction restraining the Newsdealers Federal Union from con- tinuing its boycott was granted by Supreme Court Justice Edward R. Koch. In granting the application, which was made by Attorney Gen- eral John J. Bennett, Jr., Justice Koch pointed to evidence which showed that the defendant union rep- resented only between 500 and 1,000 of the 14,000 newsdealers, in the city. Delay Schenck Appeal Argument on the appeal of Joseph M. Schenck and Joseph H. Mosko- witz in their tax cases was postponed yesterday in the U. S. Circuit Court of Appeals until today. Personal Mention ERNEST KOENIG, formerly manager in France for Universal, and Mrs. Koenig arrived yesterday from Barcelona on the Magallanes. • Ben Kalmenson and Ralph L. McCoy left last night for Chicago. • Leonard Goldenson leaves Chicago today for New Orleans. He is ex- pected back over the weekend. • James A. Mulvey will arrive from Florida today after convalescing from a recent illness. • Wolfe Cohen, Warners' Canadian district manager, left last night for Toronto. Steve Pallos, Alexander Korda's Eastern representative, left for To- ronto last night and will go to the Coast from there. "A GREAT SHOW. — Herald Tribune 50C, $1 & $1.50 NP0 HIGHER 2ND YEAR — 2ND EDITION of the _ Sensational Musical Icetravaganza IT HAPPENS ON ICE at America's Only Ice Theatre Center Theatre, Rockefeller Center. CO. 5-5474 Eves, except Mon. Mats., Sun., Wed. & Sat. 501 SeatB for Every Pert. 50c. EVGS. AT 8:40 CHANGE TO ALTEC SERVICE .A CHANGE FOR THE BETTER iLTEC 250 West 57th Street > New York City See Mexican Labor Peace with Studios Mexico City, Dec. 3. — Labor peace seems assured for several of the chief Mexican producer-distributors as they have signed with the National Cine- matographic Workers Union along lines similar to those followed by the eight major Americans on Oct. 11, allowing increased salaries and some other benefits, the amount and nature of which are not revealed. The employers signing this agree- ment are Grovas and Co., Film Trust, Raul de Anda, Films Mundiales, Ira- cheta and Elvira, and Lux Films. These producers-distributors are planning to break away from the As- sociation of Producers and Distribu- tors of Mexican Motion Pictures and form a truly distributors association. Each of them has put up $210 to pro- vide a fund for the new organization which is to begin functioning about the middle of January. 'U' Closes Warner Circuit in Chicago Chicago, Dec. 3. — Universal today closed a new season product deal with Warners Theatres in this area. The deal covers 47 features and all shorts and newsreels for the 55 Warner the- atres in Chicago, Indiana and Wis- consin. Universal was represented in the deal by E. T. Gomersall, M. M. Gott- lieb and Barney Rose, and Warners by James Coston and Alex Halperin. Robud Takes N. J. Theatre Robud Theatre Corp., headed by Robert Bernhard, son of Joseph Bern- hard of Warners, has taken over the Park Theatre, Caldwell, N. J., which was formerly operated by Rapf & Rudin. Newark Houses to Cinema Cinema Theatre Corp. is the new operator of the Congress and the Es- sex Theatres, Newark, formerly op- erated by Dan Goldbaum. 'Sunny River/ Gordon Show, Opens Tonight A new operetta, "Sunny River," with book by Oscar Hammerstein and score by Sigmund Romberg, will open tonight at the St. James. Max Gordon is the producer. Among the players are Muriel Angelus, Helen Claire, Robert Lawrence, Tom Ewell, Ethel Levey and Howard Freeman. Mexican Producers Form New Company Mexico City, Dec. 3. — Consolida- tion of their businesses to form one big production company has been started by the principal Mexican pro- ducers, Jesus Grovas, a few years ago the local Paramount manager ; Mauri- cio de la Serna, managing director of the Cine Teatro Alameda, one of the leading first run theatres here who has produced successfully on his own account; Miguel Conteras Torres, who with Grovas has just completed "Simon Bolivar", 25-reel biography of the Venezulean patriot; Juan Bustillo Oro, winner of a newspaper medal for the best contribution to Mexican pic- tures in the past decade ; Raphael Sevilla and Miguel Zacarias. This enterprise plans to make a minimum of 20 pictures a year. It is to be financed by some of the big- gest banks here and is expected to start during the Winter. Mier Plans Three Films Mexico City, Dec. 3.— Three fea- tures are to be started in February by Felipe Mier, former Warner manager here. Mier plans to make about eight features in 1942. Mexican Union to Open Meet Today Mexico City, Dec. 3.— The Na- tional Cinematographic Workers Union, with 1,000 delegates repre- senting its 45 chapters, is to hold a three-day convention in Torreon, cen- tral industrial town, starting tomor- row, to act on resolutions calling for fuller cooperation of the workers with the industry's and Government's pro- gram for more and better pictures and the establishment of a bank here ade- quately to finance the business. 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. F'inestone, 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 Picture Almanac and Fame. En- tered as second class matter, Sept. 23, 1938 at the post office at New York, N. Y., under the act of March 3. 1879. Subscrip- tion rates per year $6 in the Americas and $12 foreign. Single copies 10c. Off- This year you don't have to buy blindfolded for New Years. You don't have to hope that you've booked a hit. This year, you can know! Because this year— from Warners— you can get "They Died With Their Boots On"-the picture that right now is OUTCROSSING "DODGE CITY" AND "VIRGINIA CITY" AND "SANTA FE TRAIL" AND "DIVE BOMBER" AND, BROTHER, THAT AIN'T HAY! ERROL FLYNN OLIVIA DeHAVILLAND "THEY DIED WITH THEIR BOOTS ON" with ARTHUR KENNEDY* CHARLEY GRAPEWIN GENE LOCKHART Directed by RAOUL WALSH Original Screen Play by Wally Kline and Aeneas MacKenzie • Music by Max Steiner WARNERS 1 Target for Tonight 109 (1941-42) Blues in the Night (D) 110 Priscilla Lane Betty Field (1941-42) The Body Disappears (C) 111 Lynn-W yman (1941-42) Steel Against the Sky (D) 112 Alexis Smith (1941-42) You're in the Army Now (C) 113 Jimmy Durante (1941-42) They Died With Their Boots On (D) 114 Errol Flynn \ (1941-42) All Through the Night (D) 116 Bogart-Veidt (1941-42) UNIVERSAL Swing It Soldier (C) Ken Murray F. Langford (1941-42) Moonlight in Hawaii (C) Quiet Wedding (C) (1941-42) Keep 'Em Flying (C) Abbott-Costello (1941-42) Sealed Lips (D) William Gargan (1941-42) The Wolf Man (D) Claude Rains (1941-42) Melody Lane (C) Road Agent (D) (1941-42) Hellzapoppin' (C) Olsen-J ohnson (1941-42) Don't Get Personal (C) Hugh Herbert (1941-42) Jail House Blues (C) Robert Paige (1941-42) Paris Calling (D) Randolph Scott (1941-42) North to the Klondike (D) Brod. Crawford (1941-42) I U.A. ' 1 Miss Polly (C) (Streamliner) Zasu Pitts (1941-42) Fiesta (M) Armida (Streamliner) (1941-42) Hayfoot (C) (Streamliner) Love on the Dole (D) (1941-42) Corsican Brothers (D) Dudes are Pretty People (C) (Streamliner) (1941-42) Twin Beds (C) Joan Bennett George Brent (1941-42) 20TH-FOX Small Town Deb (C) 217 Jane Withers Jane Darwell (1941-42) I Wake Up Screaming (D) 216 Grable-Landis (1941-42) Rise and Shine (C) 219 Jack Oakie Geo. Murphy (1941-42) Cadet Girl (D) 220 Marry the Boss' Daughter (C) (1941-42) Swamp Water (D) 218 Huston-Brennan (1941-42) Confirm or Deny (D) 222 Don Ameche Joan Bennett (1941-42) Perfect Snob (C) 223 Lynn Bari Cornel Wilde (1941-42) RKO RADIO Unexpected Uncle (C) Chas. Co burn Anne Shirley (1941-42) Suspicion (D) 208 Cary Grant Joan Fontaine (1941-42) Look Who's Laughing (C) Edgar Bergen McGee & Molly (1941-42) Mexican Spitfire's Baby (C) Errol-Velez (1941-42) Dude Cowboy (O) 282 Weekend for Three (C) 211 (1941-42) Playmates (C) 212 Kay Kyser Band J. Barrymore (1941-42) REPUBLIC The Devil Pays Off (D) /. E. Bromberg (1941-42) Sierra Sue (O) 143 Gene Autry (1941-42) Missouri Outlaw (O) 173 Don Barry (1941-42) Red River Valley (O) 152 Roy Rogers (1941-42) West of Cimarron (O) 163 3 Mesquiteers (1941-42) Mr. District Attorney in the Carter Case (D) (1941-42) Arizona Terrors (O) 174 Don Barry (1941-42) Man From Cheyenne (Ol Roy Rogers (194J-42) Pardon My Stripes (D) William Henry (1941-42) PRC Lone Rider Fights Back 168 (O) eorge Houston (1940-41) Miracle Kid | 213 (D) Vicki Lester \ (1941-42) ramp Woman 230 (D) Ann Corio (1941-42) illy the Kid's Round-Up (O) 258 (1941-42) Law of the imber (O) 215 Monte Blue (1941-42) Blonde Comet (D) 116 Robert Kent (1940-41) Texas Man Hunt (O) 251 Bill Boyd (1941-42) one Rider and andit (O) 263 Girls' Town (D) 202 (1941-42) Duke of the Navy (D) 206 Ralph Byrd (1941-42) oday I Hang (D) 214 Mona Barrie (1941-42) m m H H PARA. Birth of the Blues (M) 4109 Crosby-Martin (1941-42) Skylark (C) 4107 Colbert-Milland (1941-42) Night of January 16 (D) 4106 Preston-Drew (1941-42) Glamour Boy (C) 4110; Jackie Cooper (1941-42) Among the Living (D) 4108 Albert Dekker (1941-42) Louisiana Purchase (M) Hope-Zorina (1941-42) MONO. Siren of the South Seas (Re-issue) (1941-42) Underground Rustlers (O) Range Busters (1941-42) I Killed That Man (D) Ricardo Cortez (1941-42) Borrowed Hero (D) Lone Star Law Men (O) (1941-42) Riot Squad „ (D) R. Cromwell (1941-42) Boy of Mine CD) John Boles (1941-42) Forbidden Trails (O) Here Come the Marines (D) (1941-42) Freckles Comes Home (D) Johnny Downs (1941-42) Thunder River Feud (O) Range Busters (1941-42) M-G-M The Chocolate Soldier (M) 208 Nelson Eddy Rise Stevens Unholy Partners (D) 209 Edw. G. Robinson Edw. Arnold Shadow of the Thin Man (D) 210 Wm. Powell Myrna Loy Two-Faced Woman (C) 211 Garbo-Douglas H. M. Pulham, Esq. (D) 212 -Hedy Lamarr Young-Hussey Kathleen (D) • 215 Shirley Temple HerL Marshall Design for Scandal (C) 213 Rosalind Russell Walt. Pidgeon Tarzan's Secret Treasure (D) 214 /. Weissmuller M. O'Sullivan COLUMBIA The Stork Pays Off (C) 3036 M. Rosenbloom (1941-42) Secrets of the Lone Wolf (D) Warren William (1941-42) The Men in Her Life (D) Loretta Young Conrad Veidt (1941-42) Go West Young Lady (C) P. Singleton (1941-42) Sing for Your Supper (C) Buddy Rogers (1941-42) Honolulu Lu (D) Lupe Velez (1941-42) Harvard, Here I Come (C) Riders of the Badlands (O) (1941-42) Bedtime Story (C) Fredric March Loretta Young (1941-42) i s z • sla © °° z * Q Q * Q * & * • * e *o »-> ursday, December 4, 1941 Motion Picture daily 5 [f% Slash In British Quota Is Proposed (Continued from page 1) e quota for the war period, because e difficulties of maintaining pro- on, due mainly to the shortage of rhnicians and other workers. However, production groups and me labor representatives opposed iv reduction in the quotas, and had me on record as favoring mainte- |mce of the existing quota percen- iges for the next three years. The Board of Trade's new percen- iges return the quota to the status it (»d in 1938 when the quota law went to effect. The 10-year law provides n graduated increases in the ex- bitor and distributor percentages up • a maximum of 22l/> per cent for diibitors and 27l/i per cent for dis- • ibutors. ^chaefer Gets Full Authority in RKO (Continued from page 1) (Bny's operations by a special direc- ors' committee which had been ap- ointed to survey the entire internal tuation of RKO. This committee oinprised Frederick Ehrman, Thomas '. Durell and \V. G. Van Schmus. The executive committee, it is re- orted, will be continued and the like- hood exists, according to authorities, hat N. Peter Rathvon, chairman of le executive committee, will be elected vice-president of the company at future meeting. Thin Man' Leads in Strong Buffalo Week Buffalo, Dec. 3. — Grosses were ealthy here as all houses reported bove-average figures. "Shadow of he Thin Man" was good for $15,300 t the Great Lakes. "Look Who's .;iughing" scored $12,100 at the wentieth Century. Estimated receipts for the week tiding Nov. 29: 'Birth of the Blues" (Para.) 'Among the Living" (Para.) BUFFALO — (3,489) (35c-55c) 7 days, jross: $15,800. (Average, $12,000) Shadow of the Thin Man" (M-G-M) Moon Over Her Shoulder" (20th-Fox) JREAT LAKES — (3,000) (35c-55c) 7 days, .oss: $15,300. (Average, $7,500) International Squadron" (W.B.) 'Miss Polly" (W.B.) HIPPODROME— (2.100) (35c -50c) 7 days, ross: $11,400. (Average. $6,800) •Look Who's Laughmg"' (RKO) The Pittsburgh Kid" (Rep.) TWENTIETH CENTURY— (3,000) . (35c- Gross: $12,100. (Average. |S5c) 7 days 17.500) 'You Belong to Me" (Col.) 'Naval Academy" (Col.) LAFAYETTE— (3,000) (35c-50c) 7 ross: $10,000. (Average, $6,300) days. New Pan American Reel Pan American Newsreels, formed here recently by Nicholas H. Ruiz and Nesto A. Lao to import newsreel material from Latin America, has re- leased its first subject, a clip of about 300 feet on the Peruvian National Exhibition of Arts and Crafts, now- being presented at the Embassy Newsreel Theatres in Rockefeller Center and in the Airlines Terminal Building. Notes from Hollywood Hollywood, Dec. 3 \17"ITH the fifth of the six sequences in work and the last being pre- pared, "Forever and a Day," British-American charities film, is nearing completion. The picture, for which actors, directors, and other talent have donated their services, will be shown throughout the country, with British and American charities each getting half of the proceeds. Director Edmund Goulding is guiding the fifth sequence, which has Robert Cummings, Merle Oberon, Roland Young, Nigel Bruce, Gladys Cooper, Elsa Lanchester, Una O'Connor, Sara Allgood and Robert Coote in the cast. Those who have already worked in the picture include Ann N eagle, Ray Milland, Claude Rains, C. Aubrey Smith, Gene Lockhart, Ray Bolger, Halliwell Hobbes, Patric Knowles, Charles Coburn, Jessie Matthews, Charles Laughton, Ian Hunter, Sir Cedric Hard- wicke, Buster Keaton, Reginald Owen, Ida Lupino, Brian Aherne, Edward Everett Horton, Wendy Barrie, Isobel Elsom, June Duprez, Eric Blore. • • . Warners has obtained the rights to Jack London's "Burn- ing Daylight," and James Gow has been assigned to do the script . . . The Screen Writers Guild is toying with the idea of having a national magazine con- test for writers in Army Camps who will be asked to submit stories suitable for magazine publication . . . Gene Autry and Smiley Burnette have had placed on their schedule at Republic "The Vanishing Pio- neers," story of the early days of Oklahoma. • • 20th Century-Fox has purchased "Sunset Graze," Luke Short west- ern, for a possible John Kimbrough vehicle. George Kane, reader, gets his first writing assignment on it following his promotion . . . Universal has set Clarence Muse and Theresa Harrs in "Tough as They Come," Dead End-Tough Guy kids picture . . . Eugene Pallette has been added to the cast of "Tales of Manhattan" at 20th Century-Fox . . . Milton Berle and Lynn Barri head the cast of 20th Century-Fox "Whispering Ghosts" . . . John Qualen has been added to the cast of M-G-M's "Tortilla Flat" . . . Edward Everett Horton and James Gleason go into "Arsenic and Old Lace," at Warners. Fred MacMurray will be starred in "The Forest Rangers," to be made by Paramount in Technicolor from T helm a Strabel's novel. George Marshall will direct and Robert Sisk produce . . . Bradbury Foote has been assigned by M-G-M to write the screenplay for his original, "What the Gods Provide" . . . Virginia Van Upp goes on the script of Paramount's "The Crystal Ball" . . . Benjamin Glazer has returned from New York where he conferred on release deals . . . Reginald Gardiner will support Ray Milland and Betty Field in Paramount's "Mr. and Mrs. Cugat." • • MG-M has purchased "Full Glory," story by director William A. Well- man and Lester Koenig . . . Robert Sterling and Ann Rutherford have the leads, and Virginia Weidler, Guy Kibbee, Spring Byington and Dorothy Morris the supporting roles of "This Time for Keeps," at M-G-M. Charles Riesner is to direct . . . The title of John Boles' vehicle at Mono- gram formerly known as "Boy of Aline" is "Road to Happiness." • • Walter Woolf King and Mona Barrie have been signed for the leads of "Today I Hang," Mer- rick-Alexander production for P. R. C. Oliver Drake directs from his original script . . . "Bad Man of Arizona" has been chosen for the title of Para- mount's "Tombstone" . . . Pro- ducer Robert Sparks is working on "Blondie Greets a Guest," 11th in the Columbia series. . . Ish Kabibble, Kay Kyser's comic singer, has been signed by Harold Lloyd for the Kyser ve- hicle, "My Favorite Spy." • • RKO is seeking vehicles out of the western category for Tim Holt, now appearing in Orson Welles' "The Magnificent Ambersons" . . . Republic has set Billy Henry and Sheila Ryan in "Pardon My Stripes," prison comedy . . . Paramount direc- torial assignments : William Cle- mens to guide "Washington Es- capade" ; Hugh Bennett to direct "Henry Aldrich, Editor" . . . Warn- ers and N. E. A. got together on a deal under which the story of "Kings Row" will be serialized in some 560 daily newspapers. N.W. Allied to Talk Minnesota Problems (Continued from page I) tion to help solve the Minnesota prod- uct difficulties. Meanwhile, independent exhibitors here assert that terms asked by major distributors for new product are pro- hibitive and say that some theatres have only two weeks' product supply on hand. The situation is described as prob- ably more acute than it was a month ago before four of the five consenting companies obtained authorization from the Federal court to resume selling in Minnesota. Few deals, they say, have been closed since selling began. Taplinger to Col., Harry Cohn Aide (Continued from page 1) he operated his own publicity organ- ization and was associated with CBS for eight years in publicity capacities. Taplinger was released from a Warner contract which had three years to run. In his new capacity, he will concentrate on developing closer relations between production and ex- ploitation, in addition to other duties as aide to Cohn. He plans to make periodic visits here. He is scheduled to leave for the Coast on Saturday. 'Yank' Tallies Big $48,000, Chicago Lead Chicago, Dec. 3. — Business in the Loop continues on the upgrade. The Chicago Theatre with "A Yank in the RAF" drew $48,000. The Palace took $17,500 with "Suspicion" and "Week-End For Three" and the Oriental with the Three Stooges in person, and Republic's "Sailors On Leave" did $19,000. Estimated receipts for week ending Nov. 27: "International Lady" (U.A.) "Niagara Falls" (U.A.) 6 days, 2nd week "Smilin' Through" (M-G-M) 1 days APOLLO— (1,400) (30c-40c-59c) 7 days. Gross: $5,200. (Average, $5,000) "A Yank in the R.A.F." (ZOth-Fox) CHICAGO — (4,000) (35c-55c-75c) 7 days. Stage: Variety show. Gross: $48,000. (Average, $32,000) "You'll Never Get Rich" (Col.) GARRICK — (1,000) (35c-55c-7Sc) 7 days, 2nd week. Gross: $5,000. (Average, $5,000) "Sailors On Leave" (Rep.) ORIENTAL— (3,200) (25c-35c-40c-50e) 7 days. Stage: "Hawaian Follies" and Three Stooges. Gross: $19,000. (Average, $16,000) "Suspicion" (RKO) "Week-End for Three" (RKO) PALACE— (2,500) (30c-40c-60c) 7 days. Gross: $17,500. (Average, $13,000) "New York Town" (Para.) "Badlands of Dakota" (Univ.) ROOSEVELT — (1,500) (30c-40c-59c) 7 days, 2nd week. Gross: $10,000. (Average, $11,000) "Sergeant York" (W.B.) STATE-LAKE— (3,700) (40c-44c-55c-75c) 7 days, 5th week. Gross: $16,500. (Average, $14,000) "The Chocolate Soldier" (M-G-M) UNITED ARTISTS— (1,700) (30c-40c-59c) 7 days, 2nd week. Gross: $12,500. (Aver- age, $14,000) 'Flying' at $16,400; Providence Strong Providence, Dec. 3. — Aided by ex- cellent Thanksgiving holiday business, all houses ran over average, with the Majestic's dual, "Keep 'Em Flying" and "Moonlight in Hawaii," running up a gross of $16,400. Estimated receipts for the week ending Nov. 25-27: "Suspicion" (RKO) "Unexpected Uncle" (RKO) RKO-ALBEE — (2,239) (28c-39c-50c) 7 days. Gross: $11,500. (Average, $6,000) "Shadow of the Thin Man" (M-G-M) "Miss Polly" (U.A.) LOEW'S STATE — (3,232) (28c-39c-50c) 7 days. Gross: $13,200. (Average, $11,000) "Keep 'Em Flying" (Univ.) "Moonlight in Hawaii" (Univ.) MAJESTIC— (2,250) (28c-39c-50c) 7 Gross S: 16,400. (Average. $7,000) "You Belong to Me" (Col.) "Mystery Ship" (Col.) STRAND— (2,200) (28c-39c-50c) Gross: $7,300. (Average, $6,000) "Law of the Tropics" (W.B.) FAY'S— (1,800) (20c-33c-44c) 7 Stage show with Barbara Blane, Blake, Arthur Robert and June David, Jack Lane, Monroe Brothers, and Jean, Jack and Judy. Al Jahns orchestra. Gross: $6,100. (Average, $5,000) "Hurry, Charlie, Hurry" (RKO) METROPOLITAN — (3,045) (30c-39c-55c- 75) 3 days. Stage show with June Preisser, Peter Lind Hayes, Mary Healy, Dick Baldwin, Baibara Pepper and Anne Nagel in "Hollywood Sweater Girl Revue," with Stuart and Taylor, the Kim Loo Sisters and Ed Drew orchestra. Gross: $6,100. (Average, $5,000) "Sundown" (U.A.) "Ellery Queen and the Murder Ring" (Col.) CARLTON— (1.526) (28c-39c-50c) 7 days. 2nd week. Gross: $3,800. (Average, $3,500) "Yank in the R.A.F." (20th-Fox) "Private Nurse" (ZOth-Fox) (3 days) "Smilin' Through" (M-G-M) "International Lady" (U-A.) (4 days) EMPIRE — (1,200) (20c-28c) 2nd run. Gross: $1,900. (Average, $1,800) days. 7 days. days. Larry They come to you fr< A United Artists with collective strength* ♦ ♦ ♦ an organization determined to delr EDWARD SMALL presents The Famous Stage Farce! GEORGE BRENT and JOAN BENNETT in TWIN BEDS with MISCHA AUER * Una MERKEL • Glenda FARRELL • Ernest Directed by Tim W helan • Screenplay by Curtis Kenyon and Kenneth inited United Artists* npany with a background and a backbone lportant pictures from great producers* Vice-President in Charge of Distribution UNITED ARTISTS CORPORATION e World's Great Laughing Picture! HARLIE CHAPLIN HE GOLD RUSH ITH MUSIC AND WORDS! ritten and Directed by Charles Chaplin ALEXANDER KORDA presents RUDYARD KIPLING'S THE JUNGLE BOOK (In Technicolor) with SABU and a cast of thousands Adapted by Laurence Stallings ■ Directed by Zoltan Korda ALEXANDER KORDA presents AN ERNST LUBITSCH PRODUCTION CAROLE LOMBARD • JACK BENNY in TO BE OR NOT TO Produced and Directed by ERNST LUBITSCH 8 Motion picture Daily Thursday, December 4, 19 Off the Antenna REVIEWS of film openings, with excerpts of the film, will be started over NBC television next Tuesday with a criticism by Adrienne Ames of the Walter Wanger-UA picture, "Sundown." The review is planned as a regular feature of "Radio City Matinee" a program produced by Ernest Colling and televised Tuesdays at 3 :45 P.M. Miss Ames, who has appeared in many films herself, now does a Hollywood "chatter" program over WHN, and has also appeared previously on tele- vision. During the review of "Sundown," scenes from the picture totaling six minutes' running time will be shown. Arrangements with major companies for reviews of important pictures are being made, it was said. "Sundown" will open at the Criterion on Broadway Dec. 12. • • • Purely Personal: Clinton Winant, brother of Ambassador John C. Winant, has been appointed CBS correspondent in Vichy. . . . Jack Shaindlin, musical director for Universal and Columbia short subjects, will conduct the symphony orchestra on "Democracy at Work" over NBC-Red Saturday at 2 P.M. when his ozvn original score from the film "Bomber" will be performed. . . . Allyn Corris ha£ succeeded Alan Courtney as master of ceremonies on WOV's "1280 Club." • • • WMCA and WQXR have leased space on the 54th floor of the Chanin Building for FM stations, it was learned yesterday. • • • WHN has received 13 additional contracts, following the power boost to 50,000 watts last week. Captain Tim Healy will be heard Monday through Friday, 6-6:10 P.M., sponsored by Hecker Products; "My Daughter Betty" will be sponsored three times weekly by I. Rokeach & Sons ; Simon Ackerman is sponsoring George Hamilton Combs, Jr., three times weekly ; Railway Express, Stanback Co., Readers Digest, Procter & Gamble, Old Dutch Mills, Welch Grape Juice and National Production Co. are using spot announce- ments ; Simon & Schuster are using five-minute talks for a book ; Paragon Oil will use station-break announcements, and Ritz Thrift Shoppe will use participations on "Grouch Club." • • • Clarence Wheeler, vice-president of WHEC, Rochester, was feted this week on the occasion of the 10th anniversary of his association with the sta- tion by others who have been there for a decade. These zvere Gunnar Wiig, Elizabeth Gledhill, Bernard O'Brien, John O'Brien, Ralph W. Barber, Made- line L. Cleary, Hovaard Mouatt and Mary F. Carroll. St Louis, Memphis Pass Gar bo Film, Omaha Cuts NBC to Revise Policy on Beer Sponsorship {Continued from page 1) almost solidly, the new policy state- ment is expected to clarify the situa- tion as to both webs. NBC has always taken the position that cathartic spon- sors who were on the network before the adoption of the policies would be permitted to continue indefinitely, but new business of this type was turned down. As for beer, it was accepted locally by NBC-owned stations but not on the network. What Manual Says At present, according to NBC's "Working Manual for Continuity Ac- ceptance," unacceptable business in- cludes "cathartics, including foods or beverages advertised for their value as cathartics. Also products generally known and used exclusively as cathar- tics, even when cathartic references are not made in broadcast advertising copy." Also : "Alcoholic beverages may not be advertised on any network program." The National Association of Broad- casters' code bans neither product. "Hard" liquor is proscribed, as is "continuity which describes, repellent- ly, any functions or symptomatic re- sults of disturbances, or relief granted such disturbances through use of any product." CBS Policy Cited The CBS "New Policies" states, in part, "many people prefer not to hear such advertising over the radio, re- gardless of the excellence of the pro- gram. The reason for this viewpoint is obvious ; radio broadcasting is heard by mixed and assorted groups of all kinds, in the home, in restaurants, and in public meeting places. In cer- tain groups a listener may find it distasteful to hear a discussion of some subject which under other cir- cumstances he finds wholly fitting; and proper. Similarly, we realize that the personal and often intimate qualily of the human voice, radio's medium of presenting its sponsors' messages, for- bids discussing subjects on the air in a manner which might be wholly acceptable when read in type." Minneapolis Reel House Minneapolis, Dec. 3. — The Esquire here, purchased recently by Lawrence Cohen of Los Angeles, will be re- opened shortly before Jan. 1 as this city's first newsreel theatre, it was announced today. Cohen plans to re- model the theatre. His Turn Now Norfolk, Va., Dec. 3 FREDERICK K. MARTIN, former assistant manager of Loew's State here, has been discharged from the Army bg virtue of the 28-year age limit. He goes to Harrisburg, Pa., to become assistant chief at Loew's, and the assistant manager there, Robert Gib- bons, goes into the Armg to take Martin's place as man- ager of the post theatre at New Cumberland, Pa. (Continued from page 1) St. Louisans in the management of the theatre would not be changed after seeing the picture. Williams' state- ment said that the opinion of the spe- cial group which saw the picture was that it would not offend decency or good taste. The film opens in Loew's theatres in Memphis and St. Louis today. Omaha Cuts Five Minutes Meanwhile, in Omaha, the City Welfare Board cut a five-minute divan scene from the picture, prior to its opening yesterday at the Omaha Thea- tre. The action, taken after a private screening, was the first change ever ordered in a film by the Welfare Board, which described the clipped scene as "improper." Miss Gordon Dissents Ruth Gordon, who supports Greta Garbo in "The Two-Faced Woman," in an interview in the New York World-Telegram yesterday, expressed herself as being "hurtfully shocked" at the National Legion of Decency's condemnation of the film. She said that the wishes of the Production Code Administration representatives in Hollywood were adhered to when- ever a question arose about a certain scene. "There have been so many other pictures that were considerably more I risque than this one," she is quoted as saying. "There is no tenable basis for action of this kind here." Shea Drops Garbo Picture in Buffalo Buffalo, Dec. 3. — Shea's Theatres, Inc., here will not show the M-G-M film, "Two-Faced Woman," which was condemned by the Legion of De- cency. The film was to have opened at the Great Lakes Theatre here on Friday. The decision followed a pro- test by Bishop John A. Duffy of the Catholic Diocese of Buffalo. Bishop Duffy said his protest was made "on information I received," not on the basis of his personally having seen it. He expressed his apprecia- tion for the "valuable cooperation" of Vincent A. McFaul, Shea general manager. Boston Expurgates Abbott's 'Pal Joey' Boston, Dec. 3. — John J. Spencer, city censor, today ordered "several profane expressions" deleted from "Pal Joey," George Abbott musical. Ask Assessment Cut Rochester, Dec. 3. — Greater Ro- chester Properties, Inc., owner of Loew's Rochester Theatre Building, asessed at $1,074,200, is suing the city for a $249,200 cut in the assess- ment. Crescent Case Goes to Judge As Pleas Enc (Continued from page 1) contracting in favor of Crescent ; ! Union City, Tenn., and, to a less(' degree, at Rogersville. r Wright again maintained that^L tributor-exhibitor franchises iuj illegal and create unreasonable r< straint on interstate commerce. William Waller and George I Armistead, Jr., Crescent counsel, pr< sented their final arguments toda; Waller charged the Government h; not proved conspiracy between the ej hibitor defendants and any distribi tor and said no coercion was brougl to hear on the distributors, separate! or as a whole. He maintained also that Crescent I franchises with 20th Century-Fo: II Warners and Paramount were not i II legal and did not prevent the distribi tors from selling second run to fh j opposition. "Furthermore," Waller said, " the Government thinks Crescent wrong in its interpretation of tl:| Paramount franchise, Crescent willing for the contract to be amende to provide expressly that the sellin of second-run is not prevented." Armistead declared the anti-trus action against Crescent was solel the outcome of complaints made ti the Department of Justice by W. I; Roth, Gallatin, Tenn. ; Max Buchanai formerly of Athens, Ala. ; Tim Smitl Knoxville, Tenn., and Fred Gormat formerly of Erwin, Tenn. 3 Resign Posts at Philco Televisio) Philadelphia, Dec. 3. — Nick Alex ander, who has been with the statio since its early experimental days, ha resigned as general manager c WPTZ, Philco television station. A the same time, production manage; Warren Wright resigned. B. R. Hen1 Philco executive who has headed vari ous departments at the plant durin process of reorganization, takes ove the operation of the television statio until successors are named for th vacated posts. In addition, Williar Shain has resigned as head of th publicity department, and until a suc- cessor is named, the desk will b filled by Herbert Riband of the ad vertising department. Raise Seattle Price Seattle, Dec. 3. — John Danz's Pa lomar Theatre, film-stage house, ha established a local first-run precedenj by increasing weekend prices. Nev- prices will be : weekdays, 25 cents t^ 5 P.M., 50 cents thereafter, including tax; Saturdays, 25 cents to 1 P.M.j 40 cents to 5 P.M., 58 cents there after ; Sundays, 25 cents to 1 P.M 58 cents thereafter. Increase Reel Prices Chicago, Dec. 3. — The Newsret Theatre here has increased matine prices from 15 cents plus two cent tax to 20 cents, including tax. Th house is operated by Richard Bed The evening price, from 6:30, remain at 25 cents plus tax. Alert, DO NOT REJjW MOTION PICTURE DAILY Accu and Impartial 50. NO. Ill NEW YORK. U.S.A., FRIDAY, DECEMBER 5, 1941 TEN CENTS .A. Churches Isked to Bar jarbo Picture nstructed by Archbishop Pending Revisions Los Angeles, Dec. 4. — Arch- «shop John J. Cantwell today in- ructed priests in the Los Angeles rchdiocese to request parishioners t next Sunday's services to refrain Dm attending exhibitions of "The "uo-Faced Woman" pending re- ision of the picture to meet Legion f Decency standards. It was learned that M-G-M executives who showed the pic- ture to the Legion reviewing group have offered to make any cuts or additions which the Na- tional Legion may suggest, in- cluding reshooting of scenes if necessary, and to effect such changes in all prints now in dis- tribution. It was also learned that M-G-M $ted contractual obligations which an be abridged only by reason of (Continued on page 6) holdovers Continue Well on Broadway With unseasonably warm weather irevailing, accompanied by heavy fogs ind occasional rains, business along 5roadway this week was mixed. Most )f the strong film attractions were loldovers, and there were only two ,icw pictures added. "Rise and Shine" will open at the ^>>xy this morning, and "Smiling Through" went into the Capitol yes- crday. Next Wednesday, "Birth of {Continued on page 6) Collins Indianapolis Variety Club's Head Indianapolis, Dec. 4. — Kenneth T. Collins, manager of the Indiana The- atre, has been reelected chief barker of the Indianapolis tent of the Variety Club and begins his second term. Other officers named are : Arthur Landes, first vice-president ; L. J. Mc- Ginley, second vice-president ; Al Blocher, treasurer, and Claude Mc- Kean, secretary. Directors elected are: Carl Niesse, Marc J. Wolf, Dick Frank, Fred Greenberg, A. C. Zar- i»g, Joe Neger, Curtis Butler, Harold Stevens, I. A. Fendrick, Morris E. Lefko and George Landis. Sears Holds First District Meeting; To Studio Today Gradwell L. Sears, vice-president in charge of United Artists distribution, and Carl Leserman, general sales man- ager, held a special sales meeting at the home office yes- terday, attended by all district managers in the United States and Canada and other home of- «. fice executives. ■ . Sears dis- cussed the line- ing U. A. prod- IAl. Cofli uct, strcsMiig merchandis i n g Gradwell Sears and selling an- gles on the next six films, scheduled for early release, including : "The Corsican Brothers," (Continued on page 6) Coast Unit Attacks Harmful Publicity Hollywood, Dec. 4. — The studio publicity directors committee today adopted a resolution condemning "publicity practices in behalf of in- dividuals without regard to the effect upon industry good will" as a step toward offsetting the effect of a re- cent Pic magazine layout, which was interpreted by the committee as the work of freelance press agents. No reference to freelancers was made in the statement issued by the (.Continued on page 4) McCraw to Act as Ampa Toastmaster William McCraw of the Dallas Variety Club will be master of ceremonies at the Ampa testimonial luncheon to the Variety clubs and their national leaders, John H. Har- ris and R. J. O'Donnell, at the Hotel Edison, Dec. 11. McCraw, former Attorney General of Texas, is now with the Office of Production Management. Paul Benjamin heads an Ampa committee handling ar- rangements. Para. Will Redeem All 2nd Preferred Stock February 3 directors of Para- Inc, of which Bar- president, yesterday The board of mount Pictures, ney Balaban is authorized t h e redemption on Feb. 3 of the entire issue of t h e company's second pre- ferred stock o u t s t a n ding, amounting a t this time to ap- p r o x i m a tely $4,250,000 face value. The board at the same time declared a divi- dend of 25 cents per share on the common stock and the regular quarterly dividends on the preferred (Continued on page 4) Barney Balaban Rules Theatre Has Right to Seek Writ on Jurisdictional Picketing Although denying a temporary injunction, N. Y. Supreme Court Justice Richard Koch ruled yesterday that a theatre owner has a good cause of action for an injunction where -a union pickets a house solely in retaliation for an opposition union picketing an- other theatre. The decision, in the opinion of observers, may have far reaching significance in the recurrent counter-picketing drives between operators' Local 306, IATSE, and the independent Empire State M.P. Operators Union. The suit involved the complaint of the No. 62 Delancey St. Theatre Corp., operator of the Delancey, in Manhattan, against Local 306. The Delancey employs Empire State operators, and the complaint alleged that Local 306 was picketing the Delancey as "retaliation" against Empire State. Justice Koch, although deny- ing the theatre's motion for a temporary injunction, refused the union's plea for a dismissal of the complaint. He ruled that if the theatre could establish its "retaliation" claim by evidence at the trial, a good cause of action for an injunction would be set forth. Schaefer and N. M. Schenck Approve Unity Committee of MPTOA to Attend Meeting Chicago, Dec. 4. — Nicholas M. Schenck, president of Loew's, and George J. Schaefer, president of RKO, expressed their approval here today of the industry unity plan sponsored by Allied States. Both executives plan to attend the initial meeting on the unity plan, scheduled for the Blackstone Hotel here next Tuesday. Asked his views on the meet- ing, Schenck said: "I believe that the theory of the unity plan as outlined is an excellent idea and my company is very much for it. I plan to attend the meeting and am hopeful that something will come out of it that will benefit the entire motion picture business." Schaefer declared: "My opinion- is that the industry will only begin to reap the real benefits when they finally get together and work out a plan such as proposed and contemplated." Asked if he thought such a plan could replace the consent decree, (Continued on page 4) Lehman Will Speak At Dinner to Silver Albany, Dec. 4. — Gov. Herbert H. Lehman of New York will be one of the chief speakers at the testimonial dinner at the Ten Eyck Hotel here Monday night for Moe Silver. De- tails were completed at a committee meeting today. James J. Walker will be toastmaster. Other speakers will include State Attorney General John J. Bennett and Mayor Herman Hoogkamp of Albany. Industry figures scheduled to speak include : Joseph Bernhard, Harry Kalmine, George Schaefer, Neil Agnew, Nate Blumberg, Si Fa- bian, C. J. Latta, Jack Cohn, Herbert Yates, E. K. O'Shea, Joseph Vogel, John Harris, Robert J. O'Donnell, Ned E. Depinet and A. J. McDonald. Special trains will leave for Al- bany on Monday from New York, Cleveland and Buffalo, with a con- tingent from Pittsburgh also expected. On Monday at noon the local Variety Club will install officers at a lunch- eon, with Harris and O'Donnell con- ducting the ceremony. Silver is chief barker, 2 Motion Picture Daily Friday, December 5, 19J M-G-M Flying Print To Africa in 3 Days When the Capetown Clipper makes its inaugural take-off for South Africa tomorrow, it will carry a print of M- G-M's "H. M. Pulham, Esq.," the company announced yes- terday. The print is expected to be in Johannesburg three days later, clipping the 45 to 60 days now required for the trip by boat. It is planned to show the film at the Metro, Johannesburg, simultaneously with the current Boston run, and before anywhere else in the United States. Chalmers, Publisher Of Film Paper, Dies James Petrie Chalmers, vice-presi- dent of Chalmers Publishing Co., pub- lishers of Moving Picture World prior to its consolidation with Exhib- itors Herald in 1927, died yesterday at his home in Greenwich, Conn., at the age of 98. Exhibitors Herald was merged with Motion Picture News in 1930 to form Motion Picture Her- ald. Funeral services for Chalmers will be held Sunday afternoon at the Pres- byterian Church in Greenwich. Bur- ial will be in the family plot at Mt. Kensico. NEW YORK THEATRES RADIO CITY MUSIC HALL 60th St. & 6th Ave. CARY GRANT . JOAN FONTAINE "SUSPICION" An EKO-BADIO Picture ON THE GREAT STAGE: "NICE GOING" — Leonidoff's gay spectacular revue. Symphony Orchestra under the direction of Erno Rapee. 1st Mezzanine Seats Reserved Circle 6-4600 CLAUDETTE COLBERT RAY MILLAND BRIAN AHERNE in Paramount'! SKYLARK- IN PERSON HARRY JAMES AND BAND Extra: RAY BOLGER PARAMOUNT Time8 Square Jack George Milton OAKIE • MURPHY • BERLE Linda Walter DARNELL • BRENNAN 'RISE and SHINE' ROXY " »* PLUS A BIG STAGE SHOW & 50th St. PALACE B'WAY & 47th St. 'THE MALTESE FALCON' Humphrey Bogart — Mary Astor and •MARRY THE BOSS'S DAUGHTER' 20th Century-Fox presents "HOW GREEN WAS MY VALLEY" United BIU A| I Broadway Artists HI T Vlil at 49th St. Continuous Pop. Prices. Midnight Shows Personal Mention WILLIAM F. RODGERS, M- G-M general sales manager, and E. K. O'Shea, Eastern division man- ager, have returned from Chicago. • Robert LaPlante, manager of the Pantheon, Vincennes, Ind., has been inducted into the Army. • Mrs. Ida Green, secretary to Stanley J. Mayer, 20th Century-Fox manager in Des Moines, is recover- ing from an appendicitis operation. M ARVIN SCHENCK has re- turned form the Coast. I. R. Holycross, operator of the Paramount in Anderson, Ind., is in Hamilton County Hospital at Nobles- ville, Ind., with a heart ailment. • Arthur Greenb>latt is en route here from the Coast. • William Waldholz, FHA film distribution chief, is back from Holly- wood. New Defense Film Previewed Today "Women in Defense," latest film ap- proved for exhibition under the aus- pices of the Motion Picture Commit- tee Cooperating for National Defense, will be previewed this afternoon. The commentary for the subject was writ- ten by Mrs. Eleanor Roosevelt and is spoken by Katharine Hepburn. The film was made by the Film Unit of the Office for Emergency Management and is the 23rd subject in the group. Six hundred prints will be shipped to exchanges in a few days. A three-minute trailer, "Food for Freedom," also has been approved and prints shipped to exchanges. M-G-M Signs Saroyan Hollywood, Dec. 4. — William Sa- royan, playwright, has been signed to a producer contract by M-G-M, it is reported. It is understood he will spend some time at the studio studying film technique before making a pic- ture. I I I I I I I FLY to LOS ANGELES over the BUSINESS ROUTE of the NATION I i More passengers, mail and rj P express fly United's central, year 'round Main Line Air- | I way than any other coast-to- m coast air route. 4 Mainliners H to Los Angeles daily. I I UNITED i i AIR L I N E S | ■ Airlines Terminal: 1 80 E. 42nd St. lJ | 649 Fifth Ave. 69 Wall St. § « Hotel Pennsylvania - . MU-2-7300 f or travel agents, hotels j ^ or trot 'Angel Street Opens At Golden Tonight "Angel Street," a new play by Patrick Hamilton, opens tonight at the Golden The- atre. Vincent Price, Judith Evelyn and Leo G. Carroll are in the top roles. Shepard Traube produced in associa- tion with Alexander Cohen. W. B. Circuit Shifts Chicago Managers Chicago, Dec. 4. — With the induc- tion of George Finley, assistant man- ager of the Rhodes Theatre, into the Army, Warner Theatres are switch- ing several assistant managers. Frank Riley, a newcomer to the or- ganization, becomes assistant manager of the Paramount, Hammond, Ind., and Fred Nichols, assistant manager of the Paramount, Hammond, moves to the Parthenon, Hammond, in the same capacity. Richard Fahey goes from assistant manager of the Parthe- non to assistant manager of the Cosmo, Chicago, and John Falco switches from assistant manager of the Cosmo to assistant manager of the Rhodes. Schenck's Appeal Delayed to Jan. 12 Chief Judge Learned Hand of the U. S. Circuit Court of Appeals yes- terday postponed argument of the ap- peal of Joseph M. Schenck and Joseph H. Moskowitz from a conviction for tax evasion to Jan. 12. The delay was caused, it was learned, because Judge Charles Clark, who is sitting in the December term of the court, disquali- fied himself from hearing the appeal on the ground his brother, Samuel Clark, is an official of the Internal Revenue Department. Universal Votes $2 Preferred Dividend Universal Pictures Co. board of directors yesterday declared a divi- dend of $2 a share on the company's first preferred stock, payable Jan. 1, 1942, to stockholders of record Dec. 23. The dividend is the third declared by the company on the preferred in recent quarters. Arrears on the stock following the Jan. 1 payment will amount to $68 per share. Sarnoff's Mother Dies Mrs. Lena Sarnoff Fox, 73, mother of David Sarnoff, president of RCA and chairman of the board of NBC, died yesterday at her home in the Bronx. Newsreel Parade /T1 HE commemoration of Bill < Rights Day by President Roosi velt in Washington is the highligl event in the weekend newsreel issui used by all reels. Aside from tht there are the usual defense items an miscellaneous general news ev The contents follow: MOVIETONE NEWS, No. 26-Far Ea situation tense as Japan threatens Thailan President names Bill of Rights Day. Maj< General Frank P. Lahn retires with mar honors at Randolph Field. North Carolir parachute troops seize airport. Fashiot for skiing are shown. A thoroughbred rac< horse in the making. Highschool girls i pillow fight at Harrisburg. NEWS OF THE DAY, No. 224— Actio pictures of tank war in Libya. Presider proclaims Bill of Rights Day. Parachut troops raid North Carolina airport. Tri; run of torpedo boat fleet at New Yorl f Army shows growing air strength. All I American football team of 1941. Red Cros 1 drive extolled. PARAMOUNT NEWS, No. 29 — Para I chute troops and air-borne infantry in man I euvers in North Carolina. President hail 1 Bill of Rights Day. Ladies' Night at Boy 9 Club in New York. Ten Irish setter pup make a record litter. Major Larson, foot \ ball coach, leaves Naval Academy; scene 1 after Army-Navy football game. Red Cros 1 appeal. RKOi PATHE NEWS, No. 29— Britisl initiate battle in Libya. President pro J claims Bill of Rights Day. Emergenc> bomb and fire defense train tested in] Massachusetts. Mediation averts rail strike. Irish setter has litter of 10 pups. , Entertainment for soldiers at Los Angeles. Beys Club in New York crowns "sister | queen." Paddleboard skippers compete off Santa Monica, Cal. RCAF drills in Boston. UNIVERSAL NEWSREEL, No. 38- President Roosevelt proclaims Bill of Rights Day. Sky troops in action in North Carolina. Pioneer Army pilot. Major Gen- eral Lahn retires at Randolph Field. Army nurses in gas mask drill at Fort Jay, ! N. Y. Southern styles shown. Boys Club in New York holds sister contest. Indians row against college men in Washington state. Dunkers exhibit their skill. Cali- fornia crop of racing horses on exhibition. Colored all-star football team is defeated in New York. Nick Dean Free on Bail Nick Dean was freed yesterday from confinement in the Federal House of Detention upon posting a $25,000 cash bond. Dean faces an indictment for extortion of $1,- 000,000 from major film companies, and is an alleged accomplice of Wil- liam Bioff and George E. Browne. 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 Picture Almanac and Fame. En- tered as second class matter, Sept. 23, 1938 at the post office at New York, N. Y., under the act of March 3, 1879. Subscrip- tion rates per year $6 in the Americas and $12 foreign. Single copies 10c. 450 EXHIBITORS STAND to see Paramount's Louisiana Purchase"! The Normandie Theatre in New York seats 589 persons. Paramount scheduled its New York trade showing of "Louisiana Purchase" at the Normandie. But when 1 1 a.m. Friday — screening time — came around, every seat was filled and THERE WERE 450 EX- HIBITOR STANDEES! And they all remained to applaud the fade-out! The answer? Word's gone around the industry that in "LOUISIANA PURCHASE," Paramount has served up a holiday show that has EVERYTHING. NAMES? Bob Hope; Vera Zorina; Victor Moore; Irene Bordoni; Dona Drake; Raymond Walburn! TUNES? Irving Berlin's best! GALS? A hundred Louisiana Lovelies — the Cream of the Crop! STORY? Buddy DeSylva's Broadway hit, translated to the screen under his own supervision! Slick direction by Irving Cummings; the finest Technicolor ever exposed! Read the trade raves; a few excerpts appear at right for your conve- nience. Then you'll know Paramount's not WISHING you but BRING- ING you a Happy New Year! 0,0* THAT HAS mitYTH,NGl . «<>* VERA V,CtT«%t. HOPi - ZORINA * M00& w»h Irene Bordoni • Dona Drake • Raymond Walburn and Those Louisiana Lovelies — The Cream of the Crop! Directed by IRVING CUMMINGS • Screen Play fay Jerome Chodorov and Joseph Fields • Based on the Musical Comedy by Monte Ryskind • From a Story by B. G. DeSytva Music and Lyrics by Irving Berlin 4 Motion Picture daily Friday, December 5, 194 Reviews "Sullivan's Travels" {Paramount) D RESTON STURGES, whose stories and pictures have maintained a *■ happy blending of entertainment and box-office values, picks up the argument whether pictures with a "message" are preferred by the public to pictures which are unadulterated entertainment. He picks it up and makes a good picture of it, and in so doing manages to deliver a film with a semblance of a "message" which still is highly entertaining. His chief foil is Joel McCrea, prized Hollywood director, who, after a series of successes built on flyweight themes, suddenly determines to do a picture of social significance, to bring to the screen the message of America's impoverished outcasts. He masquerades as a tramp and sets out from Hollywood to experience the hardships of those he would dra- matize. Twice, by comic misadventure, he is unwillingly returned to Hollywood without having accomplished his objective. On the first occasion he meets Veronica Lake, discouraged in her pursuit of Holly- wood success, who believes him to be a tramp and befriends him. She accompanies him on his final try at sharing the lot of the downtrodden. At its conclusion, McCrea sets out to distribute money to the outcasts who, he believes, have contributed much to his experience and under- standing. He is beaten, robbed and tossed in an outbound freight car. While his assailant is subsequently killed by a train and the body mis- takenly identified as the director's, McCrea is arrested and convicted for assault on a railroad policeman, and sentenced to six years in a work camp, ruled by a brutal overseer. On one occasion, he is taken with the other prisoners to see a film, and laughs with the broken, dejected men at a Walt Disney cartoon. Subsequently, his release is effected, he is reunited with Miss Lake, while the studio officials, who had tried to dissuade him from making the picture with a message, are convinced that, after his experiences, he could make a successful one. McCrea rejects their urging, voicing his new belief in the virtue of making people laugh. "Sullivan's Travels" is unique in conception, original in treatment. It is a picture which will be recommended to others by those who see it. It is not, however, an easy picture to sell and exhibitors will do well to give it special attention. Sturges' direction is excellent, and supporting roles are uniformly well played. Deserving of particular mention are Robert Warwick, Wil- liam Demarest, Franklin Pangborn, Robert Greig, Eric Blore and Jan Buckingham. Running time, 91 minutes. "G."* Sherwin A. Kane "Midnight Angel" (Paramount) AN interesting murder melodrama, against the background of the day's news, has been produced by Sol C. Siegel, who has used the setting of a test blackout in a large American city to give the story time- liness without making it another war yarn. As the vivacious and impulsive young telephone operator who snatches at excitement and romance wherever she sees it, Martha O'Dris- coll gives a first rate performance. The confusion created by an air raid drill and the typical crowd reactions have been caught amusingly by Ralph Murphy, who directed. Robert Preston, who plays the male lead, is convicted of murder by the testimony of a dancer (Eva Gabor), a woman he had never seen. As he is being driven to jail during the blackout the police van collides with an army truck and Preston escapes. Miss Driscoll sees him, decides he was innocent and undertakes to help. Preston is encumbered by hand- cuffs and the military police hamper his escape but he finally learns that a friend (Philip Merivale) on whom he had relied really is a foreign spy. In the end, Preston is cleared by a confession overheard by the police through an arrangement with Miss Driscoll's friend at the tele- phone exchange. Among those in the cast are Louis Jean Heydt, Thurs- ton Hall, Mary Treen, J. Edward Bromberg and Spencer Charters. Running time, 76 minutes. "G."* Edward Greif Schaefer and N. M. Schenck Approve Unity (Continued from page 1) Schaefer said: "If the exhibitor and distributor will see eye to eye and think alike, it is possible that a plan could be worked out that would be satisfactory to the Government and the public." MPTOA Executive Group Will Attend The entire MPTOA executive committee and possibly several mem- bers of the organization's board of directors, in addition, will attend the unity meeting. Ed Kuykendall, MPTOA president, has called a meet- ing of the group for Monday at the Blackstone Hotel, in advance of the all-industry meeting. Members of the organization's executive committee who are definitely slated to attend, in addition to Kuykendall, are: Morris Loewenstein, Oklahoma City; H. V. Harvey, San Fran- cisco; O. C. Lam, Rome, Ga.; Arthur Lockwood, Boston; Lewen Pizor, Philadelphia, and Fred Wehrenberg, St. Louis. At their separate meeting, the group will discuss unity proposals and formulate an organization policy with respect to recommendations to be made at the all-industry meeting. ITOA Calls Session A separate meeting also has been called by Harry Brandt, president of the New York ITOA, for Monday in Chicago. Representatives of exhibitor units which are not affiliated with either national exhibitor organization have been asked to attend. There are about a dozen such organizations, in- cluding those in Kentucky, Virginia, Montana, the Dakotas, District of Columbia, Portland, Salt Lake City, Des Moines and the Southern Cali- fornia section of the PCCITO. Allied States is expected to be rep- resented by a large delegation, com- prising its unity committee and many of its directors. In the delegation are expected to be : Abram F. Myers, H. A. Cole, Sidney Samuelson, Jack Kirsch, Roy Harrold, Martin Smith, Fred Strom, Ben Berger and Ray Branch. Executives to Be Present Company representatives scheduled to be present include, in addition to Schaefer and Schenck, W. F. Rodgers and H. M. Richey of Loew's ; Austin Keough and Claude Lee of Para- mount ; Joseph Bernhard and Ben Kalmenson, Warners ; Felix Jenkins, 20th Century-Fox ; Abe Montague, Columbia; James R. Grainger, Re- public ; O. Henry Briggs, Producers Releasing, and either W. Ray John- ston or Steve Broidy for Monogram. Others who may attend but have not definitely decided yet are : Barney Balaban, Paramount president ; Jack Colin, Columbia vice-president, and T. J. Connors and W. C. Michel of 20th Century-Fox. Maurice Bergman will represent Am pa. *"G" denotes general classification. Plagiarism Trial Starts Boston, Dec. 4— Trial in the $200,- 000 infringement suit of William O'Rourke, author, against RKO has started in Federal Court here before Judge George C. Sweeney. O'Rourke claims that the RKO picture "Con- demned Women" was "substantially similar" to his own "Girls Reforma- tory" which he submitted to RKO in 19.37. Photophone in Deal With Mass. Circuit RCA Photophone has closed a re- newal agreement on service with the Western Massachusetts Theatres, at Springfield, covering 17 houses of the circuit, according to W. L. Jones, RCA national service manager. Nate Goldstein negotiated the deal for the circuit, and RCA was repre- sented by J. P. Ware. Para. Will Redeem All 2nd Preferred Stock February 3 (Continued from page 1) stocks, amounting to $1.50 a share 01 the first preferred and 15 cents ;| share on the second preferred. Th dividends are payable Dec. 27 to com | mon stockholders of record Dec. J»l and to preferred holders of recMU Dec. 12. V The common dividend is the fourtl ; declared on that stock for the year giving it a 1941 dividend standing o | $1 per share. $10.06 Redemption Price The redemption of the second pre- ferred will be at the redemption prict of $10.06, and will apply as well tc the scrip for the second preferred shares at a proportionate rate. There are 412,200 shares of second preferred outstanding, including scrip, and some 22,600 shares in the Paramount treas- ury. The second preferred will be con- vertible into common up to Jan. 20 at the rate of nine shares of common for ten of preferred. Redemption of the issue will leave only first preferred outstanding, apart from the common, and conversion of the first into com- mon is being spurred by the increas- ing common dividends. $12,000,000 in Exchange Paramount's offer to exchange its 3% per cent debentures for the new 4 per cent debentures will expire to- day. Indications are that approxi- mately $12,000,000 face amount of the old debentures will have been ten- dered for exchange when the offer expires. Approximately $600,000 of old debentures remaining will be called by the company for redemption beginning Dec. 12. Coast Unit Attacks Harmful Publicity (Continued from page 1) committee and it is understood no ma- chinery for collective treatment of the matter was provided. Following an investigation con- ducted in cooperation with the local Better Business Bureau, the commit- tee turned over to police authorities information disclosing operations of a "studio visit" racket by which visitors denied studio access under the "no-visitor" rule were being charged $7.50 each on promise of a walk through studio premises. The name of one individual who had managed to smuggle in some visitors by misrepre- senting them as having business con- nections entitling them to admittance was turned over to the police. Publicity assistance for Camp Shows, Inc., was also discussed at the meeting and a report of the mailing list committee charged with reduction of waste in publicity departments was approved. 'Dumbo' Xmas Release Walt Disney's "Dumbo" will be re- leased nationally during Christmas week, it was announced yesterday. Disney's "Fantasia" will end a 20- week run at the New Gallery Theatre, London, Sunday and "Dumbo" will start a pre-release run there Dec. 21, it was stated. GENEROUS CONTRIBUTORS BECAUSE of their exceptional ability — each in its own field — to record completely the beauty of every scene, Eastman negative films have contrib- uted their part to the success of modern screen productions. Eastman Kodak Company, Rochester, N. Y. J. E. BRULATOUR, INC., Distributors Fort Lee Chicago Hollywood PLUS-X SUPER-XX for general studio use when tit tie tight is available BACKGROIJND-X for backgrounds and general exterior work EASTMAN NEGATIVE FILMS 6 Motion Picture Daily Friday, December 5, 1941 i L.A. Churches Asked to Bar Garbo Picture (Continued from page 1) legal action as the reason why the company cannot withdraw the film from circulation. Up to today the studio had not received notification of specific alterations such as the Na- tional Legion has suggested in pre- vious cases, notably "Strange Cargo," with a resultant change in Legion classification. Will H. Hays, who is expected to leave next week for Indiana and con- tinue on to New York, today main- tained his policy of silence with re- spect to the incident. "Two-Faced Woman" opened today at Grauman's Chinese and Loew's State following a newspaper advertis- ing campaign which utilized large space but did not connect the attrac- tion with Legion of Decency action or newspaper accounts of the situation. Loew's Postpones Run in St. Louis St. Louis, Dec. 4. — The showing of M-G-M's "The Two-Faced Wo- man" was postponed indefinitely here today following a last-minute decision by Rex Williams, Loew's Theatre manager, to cancel the showing in the face of protests from local Legion of Decency members. Williams said the picture may be shown after Christmas. "Design for Scandal," M-G-M film, and Columbia's "Secrets of the Lone Wolf" were substituted on the new bill, which opened today. Williams reached his decision to cancel the Greta Garbo picture about 11 o'clock last night, after conferring with the Loew's circuit home office in New York. This necessitated • quick statements to the press and new advertisements to catch the last edi- tions of morning newspapers. [A Loew's circuit official in New York said yesterday that the policy on showing the picture is guided by local conditions and that the product situation also is a factor.] Prosecuting Attorney James P. Finnegan was quoted this afternoon as saying the picture was "a little on the immoral side." This was his first statement since seeing the picture Tuesday evening as one of a selected group. Williams yesterday issued a state- ment to the press that "The Two- Faced Woman" would open today as scheduled. However, later in the day he received a number of protests from Legion of Decency supporters and the decision to postpone the showing in tin's strong Catholic community fol- lowed. Action 'Delights' Wehrenberg Fred Webrenberg, president of the local MPTO and co-owner of a cir- cuit of 23 subsequent run houses, in- dicated he would not play the picture unless objectionable portions had been eliminated. He said he was "de- lighted" by Loew's decision to "pull" the picture as "it would have been waving the red flag in the face of the church." Wehrenberg said he had learned from his patrons that priests last Sun- Reviews "Mr. Bug Goes To Town (Fleischer-Paramount) '"PHIS feature-length cartoon in Technicolor brings its audience to a new world of make believe, a fantasy depicting a community of bugs and their problems of life. It is an amusing fable that affords pleasant and amusing diversion for the young and old alike. Technically it is a splendid work, and it attests to the advancement of the animated cartoon art. That great care and skill were exercised in materializing the imaginative idea is evident. The animation and color work are consistently superior and are bound to draw praise from the technical observer. The character creations, particularly "Honey Bee," "Hoppity Grasshopper," "C. Bagley Beetle" and "Mr. Bumble," are quaintly charming. "Mr. Bug" is endowed further with a musical score of merit. The three songs by the Hoagy Carmichael-Frank Loesser combination titled "I'll Dance At Your Wedding," "We're the Couple in the Castle" and "Katy Did, Katy Didn't" are of the type that usually has the customer humming as he leaves the theatre. The fable has an amusing plot whose central character is "Hoppity," the hero, who seeks to provide the bug race with a refuge from "the humans," who trample through the community. "Beetle," who has de- signs on "Honey" and is jealous of "Hoppity," hampers the latter. After many shortcomings by which he loses favor with the community, "Hop- pity" eventually finds the refuge in a penthouse garden atop a skyscraper. It is all cleverly worked out with comedy effects. Running time, 78 minutes. "G."* Eugene Arneel iff Road Agent (Universal) T 7 NIVERSAL'S three adventure-seekers — Dick Foran, Leo Carrillo ^ and Andy Devine — find action, intrigue, fast shooting and riding and a bit of romance in this film which is a western endowed with more than usual production values for that type of picture by Ben Pivar, asso- ciate producer. The direction by Charles Lamont kept the story moving along and worked in several song interludes for Foran without disrupting the plot. Some humor is supplied by Devine and Carrillo. The cast also includes Anne Gwynne, Samuel S. Hinds, Richard Davies, Anne Nagel and Mor- ris Ankrum. The three companions recover a gold shipment captured from a stage coach. But they are suspected and just as they are about to be hanged Foran is made sheriff and his partners deputies. Finally they save the bank's deposits. In a gun battle the desperadoes are killed and the bank president learns that the three men were agents for the Wells Fargo Co., sent to the town to restore law and order. Running time, 60 minutes. "G."* M. Q., Jr. *"G" denotes general classification. day told parishoners to boycott any theatre which played' the picture even after the conclusion of the film's run. Archbishop John J. Glennon had is- sued a statement last week urging a united protest against the picture. Williams in a statement late today said "we were not requested by any church official or religious group to withdraw the picture until Tuesday afternoon." He stated that the group which saw the film Tuesday evening approved it, but on Wednesday, he said, he was informed that some per- sons, "who had not seen the picture, were protesting against its showing," and that prompted the postponement. The postponement "broke" on front pages of the local newspapers, the third time in less than a week that the situation has been given such prominence here. Para, in Circuit Deals Deals for Paramount's first two blocks-of-five were closed yesterday with the R. E. Griffith circuit, Texas; H. J. Griffith circuit, Kansas and Missouri, and the Griffith-Long cir- cuit, Arizona and New Mexico, Charles M. Reagan, assistant sales manager, announced. Tri-States Extends Use of Usherettes Des Moines, Dec. 4. — The Tri- States Theatres have replaced the men ushers at the Des Moines Theatre here with six usherettes and one di- rectress. The replacement is being made because of the scarcity of men ushers due to the draft and the higher-paying defense jobs. The Tri-States organization for years has had usherettes in the Omaha and Orpheum Theatres, and also in the recently opened Paramount at Omaha, and in two of the theatres at Waterloo, Iowa. Sears Holds First District Meeting; To Studio Today (Continued from page 1) "The Shanghai Gesture," "Twin Beds," "The Gold Rush," "The Jungle Book" and "To Be or Not to Be." In attendance at the meeting were Harry L. Gold, Monroe W. Gree thai, Paul Lazarus, Charles Ste Arthur Silverstone, C. E. Peppiatt7 Bert Stearn, John Dervin, J. D. Gold- har, Sam Glazer, Harry Kosiner, Phil Dow and Clarence Eiseman. A luncheon was held at Toots Shor's restaurant after the meeting. Sears leaves today on his first trip to the Coast since assuming his U. A. post. He will be accompanied by Edward C. Raftery, president, and Arthur W. Kelly, vice-president and chairman of the finance committee. They will discuss production plans with U. A. producers. On his re- turn, expected in about 10 days, Sears is expected to announce production plans for the coming six months. Plan Sequel to 'Babes' Hollywood, Dec. 4. — M-G-M plans a sequel to "Babes on Broadway," with Mickey Rooney and Judy Gar- land starred. Called "Babes in Holly- wood," it will be directed by Busby Berkeley and produced by Arthur Freed, who made the first. Joins Miami Circuit Miami, Fla., Dec. 4. — Charles Shaw, of Boston, has been made as- sistant to Tom Jefferson, publicity and advertising manager of Para- mount Enterprises here. Holdovers Continue Well on Broadway (Continued from page 1) the Blues" will open at the Para- mount. Leading the holdover attractions along Broadway was "Suspicion" at the Radio City Music Hall which, with the stage presentation, grossed an estimated $83,000 for the second week. The third week started yester- day. The film will be followed next Thursday by "Men in Her Life." At the Roxy, "You Belong to Me," sup- ported by a stage show, drew an es- timated $36,000 for the week "The Shadow of the Thin Man" brought an estimated $14,800 to the Capitol in its second week. The second week of "They Died With Their Boots On" grossed an estimated $36,000 at the Strand. The third week started yesterday with Woody Herman's orchestra still the stage attraction. Other long run fea- tures did a fair business. "How Green Was My Valley" now in its sixth week at the Rivoli, grossed an esti- mated $21,700 for the fifth. "Choco- late Soldier" drew an estimated $7,- 600 for the fifth week at the Astor and goes into the sixth week today. At the Globe, "Swamp Water" is expected to gross an estimated $6,200 for the third week which ends tonight and will be held over. Basketball League Opens First Season The Motion Picture Basketball League, recently formed, opened its season with three games Wednesday night at the Heckscher Foundation. National Theatre Supply beat BMI by a score of 32 to 23, Universal won over International Projector Corp., 37-32, and M-G-M vanquished Para- mount in an overtime period by 47 to 39. Further games will be played through the season. Para, to Do 'Merton' Hollywood, Dec. 4. — Paramount plans a remake of "Merton of the Movies" as a musical with an all-star cast. Sol C. Siegel will produce. Fridax. December 5, 1941 Motion Picture Daily 7 Short Subject Reviews Dick Tracy vs.CrimeJnc' I Republic) A SERIAL in 12 parts, this doubt- less will lend definite support to i ie weekend program. It is fantastic, rtj be sure, but presented in all serious- ijness by a company of experienced players, it abounds in thrilling action ft the sort that attracts and enrap- es the serial trade. In the cast are lph Byrd as the incredible "Dick ["racy," Michael Owen, Jan Wiley, John Davidson, Ralph Morgan, Ken- neth Harlan and others. The yarn has to do with "The Ghost," a fanatic i riminal character who with the aid of "science" can fade away into noth- ing and go along his criminal way, murdering and terrorizing. Based on the content of the first chapter, this is Mire-fire material. The first episode runs 28 minutes and the subsequent issues about 20 mins. Release unde- termined. "Changed Identity'' i Miniature Series) (M-G-M) This is a good miniature drama, well told in action, enhanced by scarcity of dialogue and possessing a pood, surprise ending. The story con- cerns the assumption by one fugitive of another's identity, only for the first to be apprehended for a crime com- mitted by the other. A substantial contribution to any program. Running time, 10 mins. Release, Nov. 8, 1941. "Twenty-One Dollars a Day Once a Month" (Walter Lantz Cartune) i ( 'nivcrsal) The characters in the toy depart- ment are seen marching and cavorting in time to the catchy tune of the title. The color cartoon is cleverly done and should satisfy. Running time, 7 mins. Release, Dec. 1, 1941. "Jingle Bells" (Personality and Name-Band Musical) i f 'nircrsal) Here's a good short attraction for the holiday season. In an effective Winter setting, it has the talented and widely known Gloria Jean, sparkling rhythm by the Milt Hearth Trio, and other entertainment bits by "The Sportsmen," male quartette ; Lee, Lynn and Lou, feminine trio, and a few others. A good musical that has names and the added advantage of timeliness. Running time, 13 mins. Release, Dec. 24, 1941. "Fancy Answers" (Pete Smith Specialty) (M-G-M) A quiz reel which, with pictorial asides and breezy commentary, offers a full measure of diversion and inci- dental information for any audience. The questions are not too difficult and the answers not too obvious. Audi- ences are allowed 10 to 15 seconds in which to decide the correct an- swers. Running time, 9 mins. Re- lease, Nov. 1, 1941. "In the Zoo" (Speaking of Animals) (Paramount) This is another in the series of humorous absurdities in which trick photography plays a part. Making the rounds at a zoo, the off-screen com- mentator has a little something to say about and to the residents. The trickery comes in as the animals, in turn, look up and retort. There is a lot of good fun in the short. Running time, 10 mins. Release, Oct. 31, 1941. "Road in India" (Fascinating Journeys) (Paramount ) Here the camera moves along a road in India, observing the different natives who to this day observe the traditions of their ancestors of cen- turies ago. The local rajah, in color- ful .clothing and the superstitious holy men of the land are typical of those encountered. The short is splendidly photographed in color, and should ap- peal particularly to the more serious onlooker. Running time, 11 mins. Release, Oct. 24, 1941. "Flying Bear" (Lantz Cartoon) (M-G-M) The disastrous experience of a flying bear who does his maneuvering above an army airport provides the story for this Lantz cartoon in color. The subject is mildly amusing in its more preposterous moments. Running time, 9 mins. Release Nov. 1, 1941. "The Quiz Kids, Ql-2" (Paramount) The youngsters whose store of knowledge by far exceeds their age are together again with Joe Kelly, who asks the questions and usually receives the correct answers. The new edition should easily pass as agreeable entertainment. Running time, 11 mins. Release, Dec. 5, 1941. "The Mighty Navy" (Popeye Cartoon) (Paramount) Popeye has a bang-up time in the Navy, utilizing strength rather than "modern design" in weighing the an- chor, handling the big guns and the like. When enemy craft encircle his ship he takes care of them, too. The reel is amusing in spots and should serve to brighten the program. Its chief appeal is to children, of course. Running time, 7 mins. Release, Nov. 14, 1941. "Quick Returns" (Sport light) (Paramount) Badminton and table tennis ex- perts demonstrate how it should be done in this, which rates about fair for the sports series. The reel is some- what lacking in excitement in spite of the fact that the games are fast and, no doubt, thrilling for the players Running time, 10 mins. Release, Nov. 28, 1941. "Hobbies of the Stars" (Picture People) (RKO-Pathe) This is an interesting assortment of shots of Hollywood personalities at leisure. Claire Trevor displays some ancient movies ; John Beal and Jean Parker are seen sketching likenesses of each other ; Alexander Korda. Mary Pickford, Charles Chaplin and David O. Selznick sign a "contract" for the camera, and Bob Burns at his home in San Fernando Valley tells a few stories about his dogs. Helen Broderick is the narrator. Running time, 9 mins. Release, Nov. 7, 1941. "Doiri the Town" (Personality and Name-Band Musical ) (Universal) Not outstanding but more than usually entertaining is this musical with Ozzie Nelson and orchestra, Helen Parrish, Butch and Buddy, Rose Ann Stevens and others. A few tunes are played and sung by Nelson and Miss Parrish, Butch and Buddy and seen briefly to advantage, and Miss Stevens tops it off nicely with an amusing ditty sung with Nelson. Running time, 16 mins. Release, Nov. 26, 1941. "Polo Champions" (World of Sports) (Columbia) Bill Stern, as commentator, traces the entire story of polo from the training of the ponies to some shots of championship matches. It is an in- teresting reel, both for lovers of the game and for those who want to learn what it is about. Pictures of the Meadowbrook stars and games are particularly good. Running time, 10 mins. Release, Nov. 11, 1941. "The Art of Skiing" (Disney Cartoon) (RKO-Pathe) Presenting "Goofy" in all sorts of contortions as he tries to demonstrate the proper technique of skiing, Dis- ney scores again with a real laugh provoker. Goofy's performance on the skis is good for almost continuous laughter. Running time, 3 mins. Re- lease, Nov. 14, 1941. 'Night,' Show Big $34,000, Philadelphia Philadelphia, Dec. 4. — With Thanksgiving Day heavy business was enjoyed by most of the downtown houses. Combination of Erskine Haw- kins band and the Ink Spots on the stage with "Night of January 16" on the screen gave the Earle $34,000. Estimated receipts for the week ending Nov. 25-28: "Sergeant York" (W.B.) ALDINE— (1,400) (46c-57c-75c) 6 days, 6th week. Gross: $9,500. (Average, $9,000) "Smilin' Through" (M-G-M) ARCADIA— (600) (35c-46c-57c) 6 days, 2nd run, 2nd week. Gross: $3,000. (Aver- age, $2,600) "It Started with Eve" (Univ.) BOYD1 — (2.400) (35c-41c-46c-57c-68c) 7 days. Gross: $13,500. (Average, $13,000) "Night of January 16" (Para.) EARLE — (4,000) (35c-41c-46c-57c-68c) 7 days. Vaudeville including Erskine Haw- kins orchestra, the Four Ink Spots, etc. Gross: $34,000. (Average, $14,000) "Moon Over Her Shoulder" (ZOth-Fox) FAY'S— (2,190) (15c-29c-35c-46c-57c) 7 days. Vaudeville. Gross: $7,000. (Average, $6,900) ''Skylark** (Para.) FOX— (3,000) (35c-41c-46c-57c-68c) 7 days. Gross: $15,000. (Average, $13,000) "Unfinished Business" (Umiv.) KARLTON— (1,000) (35c-41c-46c-57c-68c) 7 days. 2nd run. Gross: $4,000. (Average, $3,000) "Sundown" (U.A..) KEITH'S— (2,200) (35c-41c-46c-57c-69c) 7 days. 2nd run. Gross: $3,500. (Average, $4,500) "They Died With Their Boots On" (W.B.) STANLEY— (2,700) (35c-41c-46c-57c-68c) 7 days. Gross: $21,000. (Average, $14,000) "Target for Tonight" (W.B.) STANTON— (1,700) (35c-46c-57c) 7 days. Gross: $7,500. (Average, $4,500) PAUL HARVEY as Mr. District Attorney JAMES ELLISON* VIRGIN I A GILMORE* franklin pangborn PAUL HARVEY* LYNNE CARVER • SPENCER CHARTERS •Bernard Vorhaus- Director Original screen play by Sidney Sheldon and Ben Roberts Based on the Phillips H. Lord Radio Program, "MR. DISTRICT ATTORNEY' REPUBLIC PICTURE 8 Motion picture Daily Friday, December 5, 194 Off the Antenna NILES TRAMMELL, NBC president, yesterday announced the final results of elections in 13 of the 14 districts of the NBC Stations Plan- ning and Advisory Committees on National Defense. Seven districts have been laid out on both the Red and Blue networks, and affiliated stations voted for representatives on their respective networks. The committees will meet Jan. 6 and 7 and quarterly thereafter. The Red committee consists of Paul W. Morency, WTIC, Hartford, Conn. ; Tames D. Shouse, WLW, Cincinnati; Stanley Hubbard, KSTP, St. Paul; Harry Stone, WSM, Nashville; O. L. Taylor, KGNC, Amarillo, Tex.; Ed Yocum, KGHL, Billings, Mont, and Arden X. Pangborn, KGW, Portland, Ore. For the Blue, with District 6 unreported, the committee includes : Harry Wilder, WSYR-WTRY, Troy-Syracuse, N. Y. ; Allen Campbell, WXYZ, Detroit ; Earl May, KMA, Shenandoah, la. ; Henry P. Johnston, WSGN, Birmingham, Ala. ; Harold Hough, KGKO, Fort Worth, Tex., and Howard Lane, KFBK, Sacramento, Cal. • • • Purely Personal: Joe Howard, star of the CBS "Gay Nineties" shozv, has had his autobiography, "Joe Howard's Life — / Wonder Who's Kissing Her Now," accepted for publication by Scribncrs. . . . Bill Pcnnell, formerly of WIOD, Miami, has joined the WHN announcing staff. . . . John Flora, who has been assisting Stan Shaw on "Milkman's Matinee" for seven years over WNEW, will act ajt substitute for Shazv on Sundays and Mondays. The addition was made necessary by the shift of the station's frequency which permits it to be on the air seven days instead of six. . . . Lew Walker, WBYN announcer, is the father of a daughter. • • • Walter Murphy, college editor of the CBS publicity department, has been promoted to the post of publicity director of WEEI, the CBS station in Boston, it was announced by Louis Ruppel, the network's publicity head. Murphy succeeds Dorothy Drake, who died recently. • • • NBC short wave, beginning Monday, will add a Finnish program to its schedule beamed daily to Europe. The program will be broadcast from 1 :30-2 P.M. EST and will consist of news reports and commentary. It will also be carried by WBOS, 50,000 watt short wave station in Boston, Arvo Haapa, American-born newspaperman of Finnish descent, will handle the program. Finnish is the eighth language to be heard over NBC short wave. Others are English, French, German, Italian, Portuguese, Spanish and Swedish. • • • Program News: Walter WincheU's "Jergcn's Journal" will originate from WKAT, Miami, beginning Monday. . . . Cedric Foster, news analyst, will handle the WOR-Mutual annual roundup of the 10 best stories of the year. "1941 In Rez'iew," Sunday, Dec. 28. . . . Charles Hodges, war editor for Transradio Press and professor of government at N. Y. U '., zvill start a news commentary program, "Memo for Tomorrow," over WNEW Sundays 1-1 :15 P.M., beginning tins' week. Commercial Television Not Pushed by NBC: Morton 'Thin Man' in Seattle Takes Good $9,400 Seattle, Dec. 4. — "Shadow of the Thin Man" at the Fifth Avenue was the week's best bet, taking $9,400. "Sundown" at the Liberty and "It Started With Eve" at the Orpheum were good. The weather was mild. Estimated receipts for the week ending Nov. 28: "Birth of the Blues" (Para.) "The Little Foxes" (RKO) BLUE MOUSE— (950) (30c-40c-58c-70c) 7 days, 3rd week. ("Blues" moved from Paramount: "Foxes" moved from Fifth Avenue.) Gross: $4,100. (Average, $4,000) "Shadow of the Thin Man" (M-G-M) "The Parson of Panamint" (Para.) FIFTH AVENUE — (2,500) (30c-40c-58c- 70c) 7 days. Gross: $9,400. (Average, $7,- CCO) "Sundown" (U.A.) "Niagara Falls" (U.A.) LIBERTY — (1,800) (30c-40c-S8c-70c) 7 days. Gross: $7,200. (Average, $6,000) "International Squadron" (W.B.) "The Smiling Ghost" (W.B.) MUSIC BOX— (950) (30c-40c-58c-70c) 7 days, 2nd week. Moved from Orpheum. Gross: $3,600. (Average, $4,000) "It Started with Eve" (Univ.) "Swing It, Soldier" (Univ.) ORPHEUM— (2,450) (30c-40c-58c) 7 days. Gross: $7,100. (Average, $6,000) "Down Mexico Way" (Rep.) PALOMAR— (1,500) (20c-30c-40c-58c) 7 days. Stage: Vaudeville. Gross: $5,500. (Average, $5,000) "Hot Spot" (ZOth-Fox) "Great Guns" (ZOth-Fox) PARAMOUNT— (3,050) (30c-40c-58c) 7 days. Gross: $5,9CO. (Average, $6,000) 'Flying' Is Detroit Winner at $23,000 Detroit, Dec. 4. — During mild weather, the Fox reported $23,000 for "Keep 'Em Flying" and "The Perfect Snob." The Michigan did $18,000 with "Birth of the Blues" and "The Big Store." Estimated receipts for the week end- ing Nov. 27 : "Appointment for Love" (Univ.) "Three Girls About Town" (Col.) ADAMS— (1,600) (15c-39c-44c-55c) 7 days. Gross: $6,000. (Average, $5,500) "Charley's Aunt" (ZOth-Fox) "Ringside Maisie" (M-G-M) FISHER— (2.700) (15c-39c-44c-55c) 7 days. Gross: $6,800. (Average, $7,000) "Keep 'Em Flying" (Univ.) "The Perfect Snob" (ZOth-Fox) FOX— (5.000) (20c-44c-55c-65c) 7 days. Gross: $23,000. (Average, $15,000) "Birth of the Blues" (Para.) "The Big Store" (M-G-M) MICHIGAN— (4,000) (15c-39c-44c-55c-65c) 7 days. Gross: $18,000. (Average, $12,000) "The Maltese Falcon" (W.B.) "Kisses for Breakfast" (W.B.) PALMS— (2,000) (20c -39c -44c -55c) 7 days. Gross: $8,000. (Average, $7,000) "Honky Tonk" (M-G-M) "Dr. Kildare's Wedding Day" (M-G-M) UNITED ARTISTS— (2,800) (20c-39c-44c- 55c) 7 days, 5th week. Gross: $9,000. (Aver- age, $10,000) Recovering After Fire Dover, N. H., Dec. 4— Mel Morri- son, manager of the M. & P. Strand here, his wife and their three small children are recovering at Wentworth Hospital from injuries sustained when they escaped from their home here after it caught fire. Chet Stoddard, district manager, who was visiting them, escaped with minor bruises. Mitchell Is Signed Hollywood, Dec. 4. — Twentieth Century-Fox has signed Thomas Mit- chell for "Moontide" and "This Above All." "NBC doesn't want to push com- mercial television too fast. We'd rather do a good job for the sponsors we have and gradually increase them," Alfred H. Morton, NBC vice-presi- dent in charge of television, said yes- terday. "There is no problem in getting sponsors at this time," he continued. "If we wanted to do so, we could fill up every minute of the 15 hours of weekly program with sponsored pro- grams but we are not yet equipped to give them all satisfactory service." Four Regular Sponsors At present, WNBT— NBC's tele- vision station — has four sponsors on regular contract. They are Bulova, with one-minute time signals ; Botany Worsted Mills, with weather fore- casts on cartoon films ; Adam Hats, which sponsors the weekly wrestling bouts, and Goldmark Hosiery which sponsors a beauty contest each week. Thus, about two hours of the 15 each week are paid for by sponsors, Mor- 'dii pointed out. "Each week, listeners send us their ratings of programs," he stated. "Using 3 as a basis for unaminous rat- ing as 'excellent,' we find all three shows rated above 2.5 ever since they started. The entire program schedule hasn't been under 2.35 for the past six weeks." Two Improvement Factors Morton accounts for the improve- ment in program quality by two major factors. The first is the practice of planning the entire month's schedule at least one month in advance, thus permitting better production and longer time to obtain a suitable cast, and the second is the practice of a rigid schedule for rehearsals, thus as- suring greater time. "Television couldn't do these two simple things before, but we're on a steadier basis and 1942 will see even greater im- provement in programs," he declared. With the football season about over, most of NBC's television activi- ties in sports will shift to Madison Square Garden. There is a possibility that Pabst Beer may sponsor basket- ball from there, Morton revealed. Continue SWG Talks Hollywood, Dec. 4. — The nego- tiating committee of the Screen Writers Guild met today again with producer representatives. F.C.C. Authorizes Two New Stations; Gets Pleas on Four Washington, Dec. 4. — The FCC has granted construction permits for two new stations and received applica- tions for four others. The permits were granted to the Tar Heel Broadcasting System, In^ for a 930-kilocycle, 1,000-watt dO station at Washington, N. C, and the Baltimore Radio Show, Inc., for a 45,900-kilocycle FM station at Balti- more. The applications were submitted by , the Josh Higgins Broadcasting Co. for a 1,540-kilocycle, 50,000-watt sta- tion at Waterloo, Iowa ; the Sacan- daga Broadcasting Corp. for a 1,340- kilocycle, 250-watt station at Glovers- ville, N. Y. ; the Ludington Broad- casting Co. for a 1,490-kilocycle, 250- watt station at Ludington, Mich., and the Hawley Broadcasting Co. for a 46,500-kilocycle FM station at Read- ing, Pa. Seeks Frequency Change An application also was filed by Station WKBZ, Muskegon, Mich., for change of frequency from 1,490 to 1,450 kilocycles. The commission ordered hearings, on dates to be set later, on the appli- cations of S. Brad Hunt for a new 1,030-kilocycle, 1,000-watt day station at Alton, 111. ; Station WSON, Hen- derson, Ky., for increase of day power to 500 watts, and Station WIRE, In- dianapolis, for change of frequency to 1,190 kilocycles, increase of power to 50,000 watts and move of transmitter from Indianapolis to Zionsville, Ind. FCC Cuts Listing of Newspaper Stations Washington, Dec. 4. — The FCC today revised downward its estimate of the percentage of broadcasting sta- tions owned by newspaper interests, deleting from its list 49 of the 298 stations which earlier it had classi- fied as newspaper-owned. The Commission's action was taken at the resumption of hearings on newspaper ownership, but the new figure immediately was attacked by Harold Hough, of the Fort Worth, Tex., Star-Telegram, chairman of the Newspaper Radio Committee, who charged that many of the stations still listed should be eliminated. Hough pointed out that the new exhibit placed stations in two groups, one of which, he said, consisted of stations where the newspaper interest is so minor that the paper has no control of their operations. Para. Sets Ginger Rogers Hollywood, Dec. 4. — Ginger Rog- ers will be starred by Paramount in "The Major and the Minor," which Arthur Hornblow will produce. The film will precede the recently an- nounced "Crystal Ball" on Para- mount's schedule. Mathews-Berle Nuptials Beverly Hills, Calif., Dec. 4. — Joyce Mathews was married here to- day to Milton Berle at the home of his mother, Mrs. Sandra Berle. if i to the Picture Industry MOTION PICTURE DAILY 50. NO. 112 NEW YORK, U.S.A., MONDAY, DECEMBER 8, 1941 TEN CENTS U.S. Seeks to Speed Trial of Schine Action Will Demand Early Reply To Interroyatories Buffalo, Dec. 7. — The Govern- nent is scheduled to petition Fed- eral Judge John Knight in U. S. pistrict court here this morning •for an order directing United Art- ists, Columbia and Universal to supply answers to Government in- terrogatories in the Schine circuit iiiti-trust suit on or before Dec. 12. The move follows receipt of a com- Dimication from Louis D. Frohlich, of pounsel for Columbia, advising Sey- 'tiour Simon, assistant to the U. S. [Attorney General, that he will he un- able to agree to trial of the suit be- jre Feb. 15 at the earliest and that he will be unable to file answers to jovernment interrogatories before Ian. 15. The Government has endeavored to arrange for the trial to begin early in (Continued on page 3) W. B. Named in Ten Bioff Payment Suits Warner Bros, has been named de- [endant in a total of 10 stockholders' ■iuits arising from disclosure of extor- 5on payments allegedly made to \Yil- iam Bioff and George E. Browne, ac- cording to an application made on rriday by Warners to consolidate the -uits. N. Y. Supreme Court Justice ~<.rdinand A. Pecora reserved deci- sion on the application which included i plea for a stay of all examinations before trial of Warner officials. Justice Isador Wasservogel on Fri- lay ordered consolidation of eight ■suits pending against Loew's, Inc., Wrought on similar charges. All ac- tions seek an accounting by officers of :be payments, contending that they »vere illearal. See Olsen in Chicago Post Held by Browne Chicago, Dec. 7. — Frank C. Olsen, n ting business agent of the IATSE stagehands' local here several years, was appointed by a roll-call vote at a meeting Friday to continue until the union's regular elections in May. Ob- servers believe that Olsen will be elected at that time to the post of business agent, which formerly was held by George E. Browne. Atlas Corp. Owned SOLID FRONT AIM 43 % RKO Common In Oct., SEC Shows Washington, Dec. 7. — Atlas Corp. holdings in RKO amounted to ap- proximately 43 per cent of the com- pany's common stock, exclusive of warrants, and well over one-third of the RKO preferred - stock outstand- ing at the end of October, according to a Securities & Exchange Commis- sion report. Floyd B. Odium is presi- dent of Atlas Corp. During October Atlas purchased 10,800 shares of RKO common and 1,500 shares of convertible preferred, bringing its holdings at the end of the month to 843,223 shares of com- mon direct and 268,230 shares through the American Co., a subsidiary, in addition to 327.812 warrants for com- mon and 47.571 shares of preferred. There are 2,753,053 shares of common outstanding and 128,170 shares of con- vertible preferred. Some of the heaviest transactions in film securities in months were re- vealed in the report for October. Manufacturers Trust Co., New York, purchased $169,000 par value of (.Continued on pane 3) File 28th Complaint With Local Board The New York arbitration board's 28th complaint was filed Friday by Drake Amusement Corp., operator of the Central. Cedarhurst, L. I. The complaint names the five consenting companies and seeks an award estab- lishing maximum clearance after Far Rockaway and Lynbrook first runs at one or three days rather than the present seven days. The complainant also asks that dis- tributors be required to license both (Continued on page 3) OF CHICAGO MEET \ 60 Montreal Houses Cited on Child Laws Montreal, Dec. 7.— About 60 actions have been taken by the Quebec Attorney General's department against Montreal theatres on charges of admit- ting children under 16 years contrary to law, officials an- nounced over the weekend. The officials stated that such actions will continue. Twelve exhibitors have pleaded guilty. The majority of them were fined $10 and costs. Report U.A. Talks Milestone, Hitchcock Deal; Rogers Signed Lewis Milestone and Alfred Hitch- cock are among the reported producer possibilities for United Artists. On Friday, Gradwell L. Sears, vice-presi- dent in charge of distribution, an- nounced that the company had signed Charles R. Rogers for a releasing deal. David O. Selznick, producer-own- er of U. A., has postponed his de- parture for the Coast until today, it was learned over the weekend. His next picture, it is reported, will be "Keys to the Kingdom," with Ingrid Bergman. He is reported additionally (Continued on page 3) Chicago Chief Reverses Adult Rating for 'Woman Lift Restriction on Power in Southeast Washington, Dec. 7. — Heavy rains throughout the affected territory en- abled the Office of Production Man- agement to lift all restrictions on the use of power in the Southeastern states from North Carolina south on Friday, 10 days before the date set for the "Christmas lighting" of theatre marquees and store windows. For the first time in many months, it was said, the area had sufficient water in sight for normal pow:er. Police Commissioner James P. Allman of Chicago on Friday over- ruled the local police censor's "adults only" classification for ''Two-Faced Woman," and ordered the film be classified for general patronage. The censor had approved the pic- ture with the reservation after mak- ing two cuts, and the picture had been showing under these conditions at the United Artists Theatre. The Com- missioner attended a private screen- ing of the film Thursday night, and (Continued on page 4) Kent Desiynates Connors To Represent Him as First Official Task Chicago, Dec. 7. — Blending of exhibitor goodwill with distributor interest will be the principal aim of the all-industry unity conferences scheduled to get under way at the Blackstone Hotel here on Tuesday, in the opinion of observers. Cementing the links between the exhibitor ^nd the distributor will bring about that fundamental basis for unity whereby a united front thereafter can be achieved against problems facing the business from the outside. These problems are many, but principally they can be reduced to three divisions, taxation, legislation and publicity, these observers say. Sidney R. Kent, president of 20th Century-Fox, has desig- nated Tom Connors as his rep- resentative at the all-industry conference. This will be Con- nors' first official task for the company with which he recently signed a contract as personal assistant to Kent. Connors will attend the unity meet- ing with Felix Jenkins, general coun- sel of the company. Designation of Connors to attend the meeting was announced by Kent Friday in New York. His statement follows : "Mr. Connors and I are in full ac- cord on the program of industry co- (Continued on page 4) Oscar Deutsch Dies; British Odeon Head London, Dec. 7. — Oscar Deutsch, 48, chairman and managing director of Odeon Theatres, Ltd., one of the leading English circuits, died sud- denly on Friday. Odeon controls ap- proximately 300 theatres. Deutsch, an important figure in the ; British film industry for many years, entered the business in distribution, as chairman of W. & F. Film Serv- ice (Midlands), Ltd. He entered ex- hibition in 1925, but it was not until 1933 that he began to build the Odeon circuit. He was born in Birmingham, Aug. 12, 1893, and was educated at King Edward's School, Birmingham, and Ecole Universale, Luxembourg. He was engaged in the metal business be- (Continued on page 3) Motion Picture Daily Monday, December 8, 1941 'Golden Wings' to Open Here Tonight "Golden Wings," a play about the Royal Air Force by William Jay and Guy Bolton, will open at the Cort tonight. Heading the cast are Fay Wray and Sigrid Hasso. Rob- ert Milton produced and staged the play. Setting is bv Watson Barratt. Personal Mention Rubin, Zukor Speak At N.Y.U. Film Fete J. Robert Rubin, vice-president of Loew's, described as "most welcome" the new motion picture department at New York University, at a tea at the University's East Building on Friday which inaugurated the course. Rubin pledged that the industry will provide "the utmost cooperation and help in every way we can." Adolph Zukor, Paramount board chairman, who also addressed the gathering, said that the department will be helpful in creating new pro- duction talent. An address of Chan- cellor Harry Woodburn Chase was read. Other speakers were Dean Charles Maxwell McConn and Pro- fessor Robert Gessner. The meeting was attended by ex- ecutives and representatives of film companies including Barney Balaban, Carl Milliken, Austin Keough, John Byram, Al Wilkie, M. J. Weisfeldt, William Clark, Archie Patterson, Al- bert Dean, Rose Hirsch, William Fadiman, Hattie Baker and others. Seaman Is Elected Baltimore Club Head Baltimore, Dec. 7. — Bernard Sea- man has been elected chief barker of the local Variety Club for the ensuing year. He replaces William C. Hicks. Others elected include : first assistant barker, Edward Perotka ; second as- sistant barker, Rodney Collier ; secre- tary, Barry Goldman ; treasurer, Frank H. Durkee. The newly elected board of govern- ors consists of J. Louis Rome, Hicks, Joseph Grant, Howard A. Burman, Edwin A. Sherwood, Leonard J. Mc- Laughlin and Lauritz Garman. Film to Roxy Xmas Day The 20th Century-Fox picture, "Remember the Day," will open at the Roxy Theatre on Christmas Day, a Thursday. The theatre usually opens its new films on Friday. BROADWAY PLAYS "GRAND -SCALE SMASH HIT! — Life Magazine GERTRUDE LAWRENCE In tha Musical Play "LADY IN THE DARK" ALVIN. 52 St. W. of B'way— Mats. Wed. & Sat. "A GREAT SHOW — Herald Tribune 50C, $1 & $1.50 NPoLUHS,GTHAEXR 2ND YEAR — 2ND EDITION of the _ Sensational Musical Icetravaganza It happens on ice at America's Only Ice Theatre Center Theatre, Rockefeller Center. CO. 5-5474 Evet. except Mon. Mats., Sun., Wed. & Sat. 501 Seat« for Every Perf. 5()c. EVGS. AT 8:40 SAMUEL GOLDWIN left for Hollywood Friday night. • Gradwell Sears and Arthur W. Kelly left Friday for the Coast and are due there today. Edward C. Raftery arrived on the Coast Friday from Nashville by plane. e John Ojerholm, head of Para- mount's British laboratory, is sched- uled to leave Lisbon by boat for New York today. • James Mulvey, vice-president and Eastern representative for Samuel Goldwyn, Inc., has returned from Florida. • Samuel Palan, Monogram sales- man in Philadelphia, has recovered from an illness. ROBERT T. KANE, 20th Century- Fox British production head, and Francis L. Harley, the company's managing director in Great Britain, are due here Friday by clipper. • N. Peter Rathvon, chairman of the RKO executive committee, has left for the Coast. • David Rose, Paramount managing director for Great Britain, was ex- pected here from Lisbon over the weekend. 0 William S. Saxton, Loew's city manager, Baltimore, visited his par- ents in Long Island last week. • Morris Mechanic, owner of the New Theatre, Baltimore, spent the weekend in Atlantic City. 20th-Fox, Warners Set Trade Showings Twentieth Century-Fox and War- ners have announced trade showings on new pictures. On. Dec. 22 and 23, Warners will show five : "Danger- ously They Live," "The Man Who Came to Dinner," "Sons of the Sea," "Wild Bill Hickock Rides" and "Kings Row." Exact dates and times will be announced later. Twentieth Century-Fox will show six, as follows : "Blue, White and Perfect" and "Remember the Day," Dec. 19 ; "Son of Fury" and "Young America," Jan. 5 ; "A Gentleman at Heart" and "You Can't Always Tell," Jan. 6. Phila. Variety Club Names New Board Philadelphia, Dec. 7.— The local Variety Club has elected the follow- ing to new board of directors for next year : Harry Biben, James P. Clark, Alfred J. Davis, Al Fisher, Charles Goodwin, William McAvoy, Edgar Moss, Ted Schlanger, Samuel H. Stiefel, David Supowitz and Elmer O. Wilschke. The following ex-barkers are auto- matically members of the board : Earle W. Sweigert, Jay Emanuel, Dr. Leon Levy, William J. Clark, Jack Beresin and Ben Amsterdam. Dnieper Story to Balcon Michael Balcon, production head of Ealing Studios in England, has ac- quired the film rights to a story by Sergei Nolbandov and M. Danischew- sky on the building and destruction of the Russian Dnieper Dam. MITCHELL MAY, Jr. CO., INC. INSURANCE • Specializing in requirements of the Motion Picture Industry 75 Maiden Lane, New York 510 W. 6th St. Los Angeles Albany Fete Honors M. A. Silver Tonight Albany, Dec. 7. — Several hundred persons are expected to attend the testimonial dinner to M. A. Silver, recently appointed Warner Theatres zone manager in Pittsburgh, at the Hotel Ten Eyck here tomorrow night. Delegations are expected from New York, Buffalo, Cleveland and Pitts- burg. Gov. Herbert H. Lehman is scheduled as one of the principal speakers. James J. Walker, former Mayor of New York, will be toast- master. Young, Marquand Honored at Party Robert Young and J. P. Marquand, star and author, respectively, of "H. M. Pulham, Esq.," were guests of honor at a cocktail party at the Shell Room, RCA Building, on Friday. The M-G-M film is scheduled to open at the Radio City Music Hall, Dec. 18. Among those present were Gus S. Eyssell, Alice Thompson, Terry Ram- saye, Si Seadler, Sam Shain, Art Schmidt, A-Mike Vogel, Eileen Creelman, Tom Rogers, Ray Bell and William Ferguson. Roach Drops Suit Over Metro Pacts Formal stipulation discontinuing the $1,289,000 damage suit of Hal Roach Studios, Inc., against Loew's, Inc., and M-G-M Distributing Corp. was filed Friday in U. S. District Court here. No details were given. The plaintiff had charged the defendants with violations of a series of distribu- tion contracts made between 1936 and 1940. Hawks Rites in Baltimore Funeral services for Wells Hawks, 71, well known publicity man, are to be held in Baltimore. He died in Pomona, N. Y., on Thursday. He represented many stage and screen stars, including Mary Pickford, and at one time was with Fox Film Corp. He had been an invalid since 1927. Phila. W. B. Club Party Philadelphia, Dec. 7. — The local Warner Club will hold its annual Christmas party Dec. 19 in the club rooms. Reorganize Film Board in Canada Ottawa, Dec. 7.— As a result ofl the appointment of John Grierson as. National Film Commissioner of the National Film Board in Canada for a 1 period of three years, there has been a 1 reorganization, necessitated by the absorption of the Motion Picture Bu- reau, formerly part of the Departrrr^: of Trade and Commerce. \ Ross McLean, who has been Grier- son's assistant, is now Assistant Na- tional Film Commissioner. Allan Mc- Leon, formerly in another branch of! the Department of National War Ser- vices, of which the Film Board is now a part, has been appointed controller and secretary of the board. There has been no change in other officers in their transfer to the Film Board. Conn. MPTO Dinner Is Set for Tomorrou New Haven, Dec. 7. — Plans have!! been completed for the Connecticut MPTO dinner-dance on Tuesday eve- ning at the Hotel Taft, to which all industry representatives in this terri- tory have been invited. Approximately ! 300 are expected. George H. Wilkin- son, Jr., is_ general chairman, Herman. M. Levy is executive secretary, and, Samuel Seletsky is treasurer. N. Y. A Hied Complaim About Shorts Forcing Albany, Dec. 7.— The New York] State unit of national Allied has writ-i ten to the five consenting companies — M-G-M, Warners, RKO, Paramount and 20th Century-Fox — at their Al- bany, Buffalo and New York ex- changes concerning complaints made by exhibitors as to the forcing of shorts and newsreels in alleged viola- tion of the consent decree. Para. Extends Time On Debenture Trade Paramount has extended to next' Friday its offer to exchange the out-3 standing 3% per cent debentures for-! new 4 per cent debentures due ir^ 1956. The offer previously was sched- uled to expire last Friday. Old de- bentures not offered for exchange will be redeemed at par plus accrued in- terest on and after Saturday. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday anc 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 Finesti me. 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; Leon Friedman, Manager; London Bureau, 4 Golden Square, London Wl, Hope Wil Hams, Manager, cable address "Quigpubco, London." All contents copyrighted 1941 by Ouigley Publishing Company, Inc. Othei Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. En tered as second class matter, Sept. 23, 1938 at the post office at New York, N. Y., j under the act of March 3. 1879. Subscrip tion rates per year $6 in the Americas and $12 foreign. Single copies 10c. ■« Jouda\. December 8, 1941 Motion Picture Daily Flying' Gets *f$994009 Lead Frisco Gross San Francisco, Dec. 7. — 'Keep in Flying" and "South of Tahiti" | on a comparative basis with ?9,400 e Orpheum, and the second week "Look Who's Laughing" drew ^4,800 at the Golden Gate. Estimated receipts for the week | i. ling Nov. 25-28: Look WWs Laughing" (RICO) GOLDEN GATE— (2,850) (39c-Wc-55c) 7 ^vs. 2nd week. Stage: Vaudeville, .ir'oss: $14,800. (Average, $15,000) Sundown" (U.A.) I NITED ARTISTS — (1,300) (35c-40c-50c) days. Gross: $8,500. (Average, $7,500) Keep 'Em Flying" (Univ.) South of Tahiti" (Univ.) ORPHEUM— (2,440) (15c-35c-40c-50c) 7 bvs. Gross: $9,400. (Average, $S,000) Birth of the Blues" (Para.) Parson of Panarnint" (Para.) PARAMOUNT— (2.740) (15c-35c-40c-50c) • lays. Gross: $13,500. (Average, $11,500) Shadow of the Thin Man" (M-G-M) 3 Sons o" Guns" (W.B.) FOX— (5,000) (15c-35c-40c-50c) 7 days. ■Cross: $15,500. (Average, $16,000) Hot Spot" (20th-Fox) >eat Guns" (20th-Fox) ST. FRANCIS— (1.400) (15c-35c-40c-50c) days, 2nd week (moved over from Fox). Jross: $4,700. (Average. $4,500) Chocolate Soldier" (M-G-M) Married Bachelor" (M-G-M) WARFIELD— (2.680) (15c-35c-40c-50c) 7 iavs. Gross: $10,500. (Average, $12,000) The Eternal Gift" (Servite Fathers) CLAY— (400) (15c-35c-45c) 7 days. Gross: W». (Average, $1,000) V. ) Thin Man' Scores High, Indianapolis V Indianapolis, Dec 7. — "Shadows of "the Thin Man" did a smash $15,000 at Loew's, with "Two Latins from Man- lattan" sharing the bill. At the In- diana, "Keep 'Em Flying" and "Mob Town" took $12,500. Estimated receipts for the week ending Nov. 27: The Maltese Falcon" (W. B.) Law of the Tropics" (W. B.) CIRCLE— (2,800) (28c -33c -44c) 7 days. Zross: $8,600. (Average, $6,500) "Keep 'Em Flying" (Univ.) 'Mob Town" (Univ.) INDIANA— (3,200) (28c-33c-44c) 7 days. 3ross: $12,500. (Average, $7,000) 'Shadow of the Thin Man" (M-G-M) 'Two Latins from Manhattan" (Col.) LOEW'S — (2,800) (28c-33c-44c) 7 days. Gross: $15,000. (Average, $8,000) "International Squadron" (W. B.) "Father Takes a Wife" (RKO) LYRIC — (2.000) (28c-33c-44c) 7 days, 2nd week. Gross: $4,000. (Average, $4,500) Report U.A. Talking Deal with Producers (Continued from page 1) endeavoring to obtain the services of Robert Donat for the principal male role in the film. It is expected by observers that Selznick will have completed this picture by the end of next year. It was announced that the new Rogers' organization will produce three pictures for U. A. The first will be "Three Blondes and a Red Head." The second, it was stated, will be a musical comedy starring Jessie Matthews, and the third "The Powers Girls." Lunch for Cresson Smith RKO tendered a farewell luncheon at Toots Shor's Restaurant on Friday to Cresson E. Smith, who resigned as Western division manager to join United Artists a^d make his home on the Coast. Ned E. Depinet was toast- master. Golden Calls Film Mightier Than Tank in Modern Time Washington, Dec. 7. — In modern times, it is the picture which is mightier than the tank, supplanting the pen which was mightier than the sword, Nathan D. Golden, motion pic- ture consultant of the U. S. Depart- ment of Commerce, declared in an article in Foreign Commerce Weekly, issued yesterday. Extolling the industry's role in do- me-tic commerce and the maintenance of morale, Golden also pointed to the contribution of motion pictures to foreign relations and world trade. Golden called the influence of films on foreign trade "noteworthy in many ways." Noting that 230,000,000 people see motion pictures every week, Golden called motion pictures an "an- imated catalogue" of the nation's goods. In normal times, he added, 70 per cent of all motion pictures shown in foreign markets were of IT. S. origin. "That American sales abroad were materially aided by that fact admits of no doubt," he ob- served. Of major significance, Golden said, was the contribution of films to morale. The U. S. Army M. P. Service operates 555 theatres at 277 army posts with an average attend- ance of 277,500 daily. There are 2,- 120 programs weekly with one fea- ture and at least two shorts and with frequent personal appearances of film stars. Neutral countries have indicated their preference for U. S. films, Golden said, pointing to the fact that in Swedish theatres 56.1 per cent of all product came from the U. S. in 1940 as compared with only 60.8 per cent in 1939. File 28th Complaint With Local Board (Continued from page 1) its Central and Lynbrook theatres on a single contract. Dismiss Para, in Chicago Case Chicago, Dec. 7. — Paramount was dismissed from the Alcyon Theatre, Highland Park, 111., clearance case on Friday at the complainant's request. The case was continued until further notice. Arbitrator Slater directed that briefs filed on a motion for dis- missal by counsel for intervening thea- tres on the ground that no clearance exists and the lack of arbitrator's jur- isdiction. Atlas Held 43% of RKO Common Stock (Continued from page 1) Paramount's 1947 debentures during the month and disposed of $3,341,- 800, leaving it with $20,000 at the end of the month. Jack L. Warner added 22,900 shares of Warner Bros, common, bringing his holdings to 125,860 shares at the close of the month. KAO Preferred Dividend Directors of Keith-Albee-Orpheum Corp. on Friday declared a dividend out of operating surplus of $1.75 a share on the seven per cent cumulative convertible preferred stock for the quarter ending Dec. 31. The divi- dent is payable Jan. 2. Mutual November Billings $958,935 Mutual's gross billings for November of $958,935 set an all time one-month record for the web, it was reported over the weekend. The increase was 52.8 per cent over the same month last year, and 85.7 per cent if 1940 political billings are deducted. The 11-month cumulative figure of $6,352,457 was also the highest ever set by the network during a similar pe- riod, topping the 1941 total by 58.1 per cent, and by 62.6 per cent if 1940 political billings are deducted. Flamm Seeks Permit For New York Station Washington, Dec. 7. — Donald Flamm, former owner of WMCA, New York, has applied to the FCC for a construction permit to build a new station in New York to operate on 620 k. c. with 5,000 watts, unlim- ited time. U.S. Seeks to Speed Trial of Schine Action (Continued from page 1) January, according to George L. Grobe, U. S. Attorney here. Simultaneously, the Government filed a 28-page supplemental bill of particulars. Restated in clearer form are 45 names and locations of theatres to which preference or protection al- legedly was granted by the distributor defendants. Listed are 27 theatres in four states which, according to the Government, were acquired by Schine after they were granted preference over competing theatres. Forty com- peting theatres over which Schine al- legedly obtained privileges are listed. Also given are 73 houses which, the Government charged, the distributors have refused to license on a local competitive basis. Reopen Brooklyn Theatre Kant Amusement Corp., of which Jesse L. Stern is president and Louis Kanturek secretary and treasurer, has reopened the Empress, Brooklyn, as the Brown Theatre. Oscar Deutsch Dies; British Odeon Head (Continued from page 1) fore entering the film industry, and was chairman of the Birmingham and Midlands Branch of the Cinemato- graph Exhibitors Association in 1931 -'32. Companies in which he was inter- ested included Sound Equipment, Ltd., Denham Laboratories, Ltd., Sco- phony, Ltd., and several others. He leaves a widow. They had no children. THE THRILL SHOW OF THE YEAR! MR. DISTRICT ATTORNEY IN THE CARTER CHSE J WPP- VIRGINIA GILM ORE as Terry Parker, reporter JAMES ELLISON* VIRGINIA GILMORE* franklin pangborn PAUL HARVEY-LYNNE CARVER-SPENCER CHARTERS • Bernard Vorhaus- Director OriginaJ screen play by S i d ney^hejd on and Ben Roberts Jased on the Phillips H. Lord Radio Program, "MR. DISTRICT ATTORNEY" A REPUBLIC PICTURE i 4 Motion Picture Daily Monday, December 8, 19 Reviews "Bahama Passage" (Paramount) *TP HIS film, produced and directed by Edward H. Griffith, gives the exhibitor a number of good selling points. There is a beautiful back- ground of sea, sky and a tropical isle, photographed magnificently in color. There is Madeleine Carroll, perhaps more attractive than ever before, and wearing costumes that suggest romance in the South Seas. Finally there is Stirling Hayden, a handsome blond who might easily become one of the most popular male stars. Beyond the pictorial elements, natural and human, this film offers little. An attempt was made to have a slightly different story and a couple of odd characters were created but the result was not a complete success. At the New York trade show a number of the exhibitor critics laughed a few times at the wrong places. Hayden is heir to Dildo Cay, a small island where his family has operated a salt business for generations. Flora Robson, his mother, hires an Englishman, Leo G. Carroll, to run the island, and his daughter, Miss Carroll, comes with him. Hayden's wife, who refuses to live on the Cay, threatens divorce. There is trouble with the natives, the mother dies of a heart attack and the Englishman is taken by the natives. Hay- den and Miss Carroll are alone. He resists her advances but finally falls in love. Running time, 83 minutes. "A."* M. Q., Jr. *"A" denotes adult classification. "No Hands on the Clock" (Paramount) AS mystery films accumulate and available plots which conceal the identity of the murderer to the very last become fewer, the tempta- tion to resort to by-plots in order to keep the audience in the dark appears to become proportionately greater. In the case of "No Hands on the Clock" this tendency has had unfortunate results in that it has produced confusion rather than mystery. So numerous are the clues introduced to lead the audience away from the culprit, and so unnecessary are many of them to the telling of the story, that even after the murder or murders have been solved and the goings-on explained, many in the audience are likely to remain as mys- tified as ever. Chester Morris, a private detective specializing in tracing missing persons, marries the object of one such search and has his honeymoon interrupted by an assignment to find the son of a wealthy Nevada rancher. Clues run in all directions ; murders, shootings, chases ensue, to say nothing of honeymoon misunderstandings. The unravelling of the mystery is accomplished mostly by Morris's elocution, rather than action, and is confusing and unsatisfactory largely for that reason. Jean Parker, James Kirkwood, Rose Hobart, Dick Purcell, Astrid Allwyn, Loren Raker, George Watts and Robert Middlemass are in principal support. Running time, 76 minutes. "G."* Sherwin A. Kane "Sing for Your Supper" (Columbia) \ T INX FALKENBURG, Charles "Buddy" Rogers and Bert Gordon, " known as the "Mad Russian," appear here in a rather unevenly placed light musical comedy, which is sufficiently amusing in its lighter moments but which moves sluggishly otherwise. It is at its best when Gordon, who has an expert sense of comedy timing, is on the scene wrestling with the English language. The script is not completely polished. Rogers is an orchestra leader in a dime-a-dance casino ; Miss Falken- burg is the heiress who takes the job of hostess because of Rogers, con- cealing her true identity. He eventually learns of her social status, but doesn't mind too much. Publicist Don Beddoe spreads the news to the newspapers and Miss Falkenburg, thinking Rogers responsible, departs in a huff. Beddoe finally patches things up in a rather implausible man- ner. Running time, 65 minutes. "G."* Eugene Arneel Industry Front Aim of Chicago Unity Meeting (Continued from page 1) operation, and his attendance at the Chicago meeting has been made pos- sible through the kindness and cour- tesy of Mr. Nicholas M. Schenck, who has allowed him to finish his work at M-G-M a week earlier than expected, in order to represent 20th Century-Fox at this coming meeting." Although at least two of the major companies, such as Universal and United Artists, will not be repre- sented, a welding of interest inter- nally in the trade among all divisions of the business will be attempted, it is said. Three 'Uns' a Target A unified front against "unjust tax- ation" "unfair legislation" and "un- favorable publicity" — the "Three Uns" — appears to be the slogan which may arise from the discussions to get started Tuesday. Similarly, the ad- vance guard of delegates feel that the slogan covers the three great di- visions of the industry — distribution, production and exhibition. Barney Balaban, Paramount pres- ident, and Neil Agnew, vice-president and general sales manager, will at- tend the meeting. Austin Keough and Claude Lee of Paramount were reported earlier as slated to represent the company. Balaban is the third major company president to accept an invitation to attend the meeting, Nicholas M. Schenck of Loew's and George J. Schaefer of RKO having accepted earlier. All Exhibitor Groups To Be Represented Washington, Dec. 5. — Every dis- tributing company except Universal and United Artists and every exhib- itor organization without exception will be represented at Allied's unity meeting, it was said tonight by Abram F. Myers, Allied States chairman. All participating distributors will be represented by several officials, Myers said. The exhibitor organiza- tions will be represented either di- rectly or through a national group. The meeting will be the first all- industry conference to be held since the motion picture trade practice con- ference in 1927, -Myers said, pointing- out that no general meeting of all branches of the industry was held even during the NRA days. Lab Union Extends Picketing in Strike Laboratory Technicians Union, Local 702, extended its activities in the five-weeks-old strike against Movielab Film Laboratories by start- ing secondary picketing against Com- monwealth Pictures and Guaranteed Pictures on Friday. Similar picket- ing will be started against Institu- tional Pictures today and against other customers in the near future, ac- cording to John H. Rugge, president. Serial in 15 Episodes Republic's serial, "Dick Tracy vs. Crime Inc." is presented in 15 epi- sodes and not 12, as was stated in Motion Picture Daily's review. *"G" denotes general classification. Assumes Bombay Post Charles O. Julian has arrived in Bombay to take his new post as man- ager of the RKO office in India. Far Eastern Manager Leon Britton has moved his headquarters to Singapore. Mankiewicz Rites Held Funeral services were held here Friday for Dr. Frank Mankiewicz, 69, father of Joseph L. Mankiewicz, M-G-M producer, and Herman J. Mankiewicz, screen writer. Chicago Police Head Reverses Local Censoi (Continued from page 1) the following day ordered the class'l fication change. Meanwhile, Archbishop John/S^-j McNicholas of Cincinnati, chair^H of the National Legion of Decency late last week issued a pastoral lette to all Catholic bishops condemnin the film. He ordered an active com] mittee of the Legion be formed, i one does not already exist, in ever parish to urge support of his con demnation. Pickets in Cincinnati Father Edward Kotter, of the loca parish in Cincinnati, placed two pick ets before the RKO Palace, where th« film was showing, and sent truck: through the streets, bearing banner: calling attention to the Legion's ban In Chicago, Mayor Edward J Kelly, after seeing the film at the pri vate screening Thursday night, de- clared the following day that no def-. inite decision had yet been formed Four members of the Catholic Arch- diocese, who attended the screening with the Mayor and Police Commis- sioner, reported to Archbishop Sam- uel A. Stritch, and on the basis of their reactions the Archbishop was considering a demand, such as made by Catholic clerics elsewhere, that the film be withdrawn. Comerford Theatres will not show the picture anywhere in the Scranton Catholic diocese, circuit officials an- nounced Saturday. Most of the cir- cuit's 100 houses are in the diocese, which covers Northeastern and North Central Pennsylvania. Buffalo Houses to Cut Some exhibitors in Buffalo will make several cuts in "Two Faced Woman" before showing it, according to report, although the film was shown at the first-run Century intact. The reason given for the decision to make deletions was that many more children attend the subsequent run showings. In Toledo, O., the Diocesan Council of Catholic Women protested the showing of the film at Loew's Valen- tine there. The group was said to represent a membership of 50,000. Newspaper reviewers in Los An- geles, where the picture opened at Grauman's Chinese and Loew's State to average business, criticized the pic- ture unfavorably. The Denver Catholic Register on Friday charged that the film was a "deliberate challenge" to the Legion of Decency. Cross-Picketing Ban Discussed at Hearing The New York State Joint Legis- lative Committee on Industrial Labor Conditions on Friday held a hearing on the question of cross-picketing by unions. All speakers, with the excep- tion of the CIO N. Y. State Council representative, favored some ban on cross-picketing. Sound films were exhibited to the committee to show how a picket line in front of Gimbel's department store was conducted. Alert. DO NOT MOTION PICTURE DAILY TTTTT First in >L. 50. NO. 113 NEW YORK, U.S.A., TUESDAY, DECEMBER 9, 1941 TEN CENTS CONCILIATION IS WAR NEWS CUT! UNITY MEET GOAL NATIONAL GROSS )ne National Association Of Exhibitors Also To Be Discussed By SAM SHAIN Chicago, Dec. 8. — The creation if a national conciliation board rep- esenting all elements of the indus- rv, to meet whenever necessary, Did the creation of a single ex- libitor body for the whole country aril] he among the matters to be aken up at the trade unity confer- ence >cheduled to begin here tomor- Abandon Film Probe Washington, Dec. 8. — With the United States catapulted into war, the Senate probe of alleged screen and radio propaganda was tacitly abandoned. Isola- tionist Senators who sponsored the probe said frankly they would consider nothing not di- rectly connected with the na- tional welfare. -i.w at tile Blackstone Hotel, it was •eported tonight. The local theory is that with many executives compelled to leave tomor- (Continued on page 6) 100 Honor Silver; Admiral a Speaker Albany, Dec. 8. — The Albany /ariety Club paid tribute to its first . Zhief Barker, Moe Silver, in a pa- riotic setting at the Hotel Ten Eyck onight before 400 motion picture >eople honoring his promotion to the 3ittsburgh zone managership for Aarner Theatres. Appropriate to the event, one of the 1 peakers was Admiral Yates Stirling, in old friend of Silver and the man (Continued on page 2) Minn. Civil Action Trial After Feb. 1 Minneapolis, Dec. 8. — Trial of the ivil action of the consenting com- >anies seeking a permanent injunction igainst enforcement of the Minne- ■ota anti-block-of-five law and a rui- ng on its constitutionality, was de- erred today until after Feb. 1 to per- mit trial in the meantime of the riminal actions for violations of the (Continued on pane 6) Industry Pledge to F.D.R. The industry's pledge of service and support to the President and the nation in war was sent President Roosevelt yesterday by Will H. Hays, MPPDA president, and George J. Schaefer as chairman of the industry's national defense committee. Hays' message embodied this resolution adopted yesterday by the MPPDA board: "The Motion Picture Producers and Distributors of America hereby pledge our service and support to the President and the nation, and reit- erate our resolve to maintain the continued flow of wholesome entertain- ment as an essential contribution to military and civilian morale and to national spirit." Schacfer's message to the President said: "The Motion Picture Committee Cooperating for National Defense, representing more than 12,000 theatre operators and the artists, producers, distributors, newsreels and trade press, reaffirms pledge of all possible service to you, the national Government and the people of the United States in this emergency." Schine Trial Will Start on March 3 Buffalo, Dec. 8. — Federal Judge John Knight today set March 3, 1942, for start of the Government anti-trust suit against the Schine Circuit, Col- umbia, United Artists and Universal in U. S. District court here. Seymour Simon, special assistant attorney general, said the Government will be prepared for trial on and after Jan. 15, but YYillard S. McKay, coun- sel for Schine, said the defense could not be ready by that time and the March 3 date was agreed upon. Judge Knight indicated he will hear the case without a jury. Columbia, United Artists and Uni- versal were given until Jan. 15 to file (Continued on page 6) Schaefer to Realign RKO George J. Schaefer, president of RKO, shortly will realign several de- partments of the company, causing these to report directly to him, in line with the full operating authority re- cently granted him by the company board. Observers believe that such realignment as he will make will be announced shortly. It is also learned that Joseph I. Breen, whose authority over the studio heretofore has been restricted by the company directorate, will now have full authority over that phase of the company's operations, subject to (Continued on page 7) Radio Goes on War Basis Washington, Dec. 8. — The Defense Communications Board today moved to put the radio industry on a war footing. First move was the order to the FCC to cancel all stations' monitoring schedules maintained for checking frequency stability, so that full use may be made of the stations for defense purposes. Censorship studies are being made by a number of Government agencies, Chairman James L. Fly disclosed later. The Navy yes- terday took over censorship of the international short wave sta- tions, including those in the island possessions, Fly said. He added that the Navy probably will need some of the proper- ties of the radio communications companies but there is no present indication that broadcasting properties will be taken over by the President under wartime powers granted in the Communications Act. Various industry committees shortly will be asked to aid. The War Department at 7 o'clock Pacific Time last night shut off and blacked out all but one radio station in the Pacific North- west. IRO, CBS station in Seattle, broadcast official news. [Radio's war coverage detailed on Page 4.] Subsequents Off as Much As 33%, While B'dway Remains Normal Neighborhood and small town! theatres throughout the country ex- perienced a decline of 15 to 33 per cent in box office receipts Sunday* while large city first runs were less affected by the national emergency. Business at most theatres veered back to normal or almost so yester- Theatre business is expected to take a heavy dip tonight as the President addresses the na- tion from 10 to 10:30 P. M. . About 60,000,000 persons in the United States heard the Presi- dent's address to Congress yes^ terday at 12:30 P. M., it was estimated by C. E. Hooper, Inc. This was the highest yet. Other i I estimates gave the total as 80,- 000,000. . „ , £-J day, according to reports from.i "key" cities. Seattle blacked out last .night and ; theatres closed at 10:30 P. M. San ; Francisco also blacked out. Business; was low. Broadway houses appeared to be lit-jj tie affected by the outbreak of hos-'j (Continued on page 4) See Far East Market Open War in the Pacific is not expected to close" the industry's Far Eastern j markets, in the opinion of a majority of foreign department officials. Although no definite information on shipping facilities is expected for an- other day or two, most export man- agers are confident that lanes to the Philippines, Australia, New Zealand, Malay, Hong Kong, Thailand and India will be kept open by the United States and Great Britain. The Far East market, exclusive of Australia and New Zealand, represents about $5,000,000 annual revenue to the in- dustry. The only countries which foreign managers are agreed will be closed to ; the industry are Japan, . occupied • China, French Indo-China and what- 1 ever other additional area Japan may i succeed in occupying. The loss of : (Continued on page ji) j Motion Picture Daily Tuesday, December 9, 1941 Loew, Univ. Give Holiday Bonuses Loew's and Universal yes- terday announced holiday bo- nuses to employes. In both instances they will be for those receiving $40 or less weekly. Universal will give one week's salary. Loew's will give two weeks' salary, not exceeding $50, to those employed a year or more and one week's salary, not exceed- ing $25, to those employed six months to a year. Morgenthau Backs Soldier Exemption Washington, Dec. 8.— Plans of members of Congress to revise the admission tax provisions of the revenue law to exempt soldier admis- sions to Army motion picture thea- tres have received the support of Secretary of the Treasury Morgen- thau. In a letter to Representative John W. McCormack, who inquired about the Treasury's position, Secretary Morgenthau said he would have no objection to lifting the tax so long as the net proceeds from such admis- sions are used exclusively for the welfare of the military or naval forces. NEW YORK THEATRES RADIO CITY MUSIC HALL 50th St. & 6th Ave. CXRY GRANT . JOAN FONTAINE "SUSPICION" An BKO-RADIO Picture ON THE GREAT STAGE: "NICE GOING" — LeenitfofTs gay spectacular revue. Symphony Orchestra under the direction of Erno Rapee. 1st Mezzanine Seats Reserved Circle 6-4600 CLAUDETTE COLBERT RAY MILLAND IRIAN AHERNE In Paramount'! SKYLARK IN PERSON HARRY JAMES AND BAND Extra: RAY BOLGER PARAMOUNT TimeB Square Jack George Milton OAKIE • MURPHY . BERLE Linda Walter DARNELL . BRENNAN 'RISE and SHINE' BAVV 7th Ave. ItW^V I &. 50th St. PLUS A BIG STAGE SHOW PALACE B'WAY & 47th St. Starts Tomorrow "WEEKEND IN HAVANA" Carmen Miranda — Alice Faye and 'CADET GIRL' 20th Century-Fox presents "HOW GREEN WAS MY VALLEY" United r% I W ^\ I I Broadway Artists R I " W L I at 49th St Continuous Pop. Prices. Midnight Shows Personal Mention DAVID ROSE, Paramount man- aging director for Great Britain, arrived from Lisbon by boat yester- day. • William C. Gehring, Central divi- sion manager for 20th Century-Fox, leaves today for Chicago. • Bernard B. Keeney, son of C. G. Keeney, manager of the Park, Read- ing, Pa., has won hrs ^'wings" in the Royal Canadian Air Force. JOSEPH HAZEN, Warner execu- tive, returned yesterday from the Coast. Francis Harley and Robert T. Kane, 20th Century-Fox British of- officials, who were to leave Lisbon by clipper Friday for New York will come by boat instead as a result of a Government order halting clipper flights by civilians. They are due here about Dec. 22. Suspend Garbo Film, Discussing Revisions M-G-M representatives are discuss- ing with Legion of Decency officials possible revisions in "Two-Faced Woman," Greta Garbo picture, it was stated yesterday at the home office. Meanwhile, the company is not taking any bookings beyond Dec. 16. The suspension, it was indicated, will be temporary. Hold Rites Today For Sam T. Lyons Hollywood, Dec. 8. — Funeral serv- ices will be held here tomorrow for Sam Theodore Lyons, 41, talent agent, who succumbled to a heart attack yes- terday. He had been in the agency business for 25 years here and in New York. He is survived by his widow, the former Joy Lynne, actress, and his brother, Arthur, with whom he was in business. Academy Awards Dinner on Feb. 26 Hollywood, Dec. 8. — The board of governors of the Academy of Motion Picture Arts and Sciences has set the 14th annual awards dinner for Feb. 26. Achievements eligible must have been in connection with pictures released during 1941, or first publicly exhibited in the Los Angeles area be- fore Jan. 12, 1942. U. A. Owners Meet At Pickfair Friday Hollywood, Dec. 8. — United Art- ists' annual meeting of owner-mem- bers and Eastern executives will take place Friday at Pickfair, Edward C. Raftery, president, announced here today. 5 SERVICES DAILY VIA THE SOUTHERN SUNSHINE ROUTE TO Los Angeles ,t...„ Sections) (Two Sections) COUNTRY SPEOM Ar. Los Angeles • ft. Los Angeles „na 4:45 Pffl 1:28 am ana £ affl 7:47 am ana o 5:25 pm . • • ' 2:55 am . . • • 9;47 am 10:55 pm . . • • • 8:52 am . • • - 4:02 pm 6:30 am . • • ' 4:58 pm 1:26 am AMERICAN AIRLINES Shc. ROUTE OF THE FLAGSHIPS 400 Honor Silver; Admiral a Speaker {Continued from page 1) who built the Pearl Harbor fortifica- tions. As Tent No. 9 gave a sendoff to Silver, Chairman Si Fabian presented the guest of honor with a desk set, scroll and motion pictures of the af- fair. Dinner receipts go to charity. With James J. Walker as master i^" ceremonies, industry executives aflP» state officials spoke. The speakers included : Walter T. Brown, secretary to and representing Gov. Lehman ; Attorney General John J. Bennett, Mayor Herman Hoog- kamp of Albany; Harry Kalmine, John Harris, James Balmer, Herman Robbins, Joseph Vogel, E. K. O'Shea, Si Fabian, chairman of the affair; C. J. Latta, Silver's successor as zone manager in Albany ; Jack Cohn, Ned E. Depinet, Myer and Louis Schine and Louis Golding. N. Y. Executives Attend The advance reservation list for the dinner included: John J. O'Connor, Harry Seed, Joseph Vogel, Abe Rach- lin, John Turtletaub, Albert Man- heimer, E. C. Grainger, Ben Sherman, Charles O'Reilly, Clarence Hill, Al Reid, Edward Goldstein, Ben Amster- dam, Jay Bennison, Jack Shea, Joseph Feldman, Mort Blumenstock, Frank Damis, Harold Rodner, Harry Kal- mine, Clayton Bond, Frank Phelps, Sam Morris, Leonard Schlesinger, Harry Goldberg, Jules Girder,, Harry Kaplowitz, Roy Haines, Arthur Saxon, Ben Worth, Max Brockman, E. A. Ullberg, Louis Kaufman, W. Stewart McDonald, Hary Mayer, Joseph Unger, Morris Wolf, Peter Dana, and others. At a luncheon today at the Ten Eyck, officers of the local Variety Club were installed by John Harris and James Balmer of the national Variety Clubs. Silver was installed as chief barker, to which he was elected before his transfer to Pitts- burgh. . . Immediately after the induction ot officers, Silver turned over the chief barker's office to Louis Golding. Rites for Wood's Mother Columbus, Dec. 8. — Funeral serv- ices were conducted Saturday for Mrs. Elizabeth Lillian Wood, 79, mother of P. J. Wood, secretary of the ITO of Ohio, who died at her home late last 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. F'inestone, Managing Editor; James A. Cron, Advertising Manager; Chicago Bureau, 624 South Michigan Avenue, C. B. ON Mil. 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 Picture Almanac and Fame. En- tered as second class matter, Sept. 23. 1938 at the post office at New York, N. Y., under the act of March 3, 1879. Subscrip- tion rates per year $6 in the Americas and $12 foreign. Single copies 10c. M-G-M NEWS IS GOO EWS! "Vanishing Virginian " Surprise Triumph More later! Take our tip now! Keep your eye on this "sleeper"! Rich with humanity, packed with power, it will enthrall every man, woman and child in the nation. Epic performances by Frank Morgan, Kathryn Grayson and a superb cast. Directed by Frank Borzage. "H. M. Pulham, Esq."' at Radio City Music Hall While the sensational Boston World Premiere continues to pack them in, the announcement of "H. M. Pulham, Esq." at Radio City Music Hall opening December 18th, gives thrilling evidence of the importance of this widely acclaimed production. Hedy Lamarr, Robert Young, Ruth Hussey, Charles Coburn head a perfect cast. King Vidor, director. "Shadow Of Thin Man'" Business 172% Nationwide Hold-overs are a habit! Mr. and Mrs. Paying Public agree that Mr. and Mrs. Thin Man are a happy national institution and that Bill Powell and Myrna Loy are just what the box-office craves. Major W. S. Van Dyke, II, directed. "Johnnie Eager" Will Make Film History It's in the air! When you see it, when you watch Robert Taylor and Lana Turner, your pounding pulse will tell you it's the most exciting drama that Mervyn LeRoy has directed since "Fugitive From A Chain Gang." Edward Arnold's in the powerful cast. Raves For Babes On Broadway, New Year's Hit Now you KNOW! Now the trade has SEEN it! Wherever you go, whatever trade paper you read, the news is Mickey Rooney, Judy Garland in ''Babes On Broadway" for a Happy New Year! 400 prints are ready to welcome 1942 with bulging bank-accounts! Director, Busby Berkeley. 4 Motion Picture Daily Tuesday, December 9, 1941 War News Slashes National Gross; B 'way Remains Firm Webs Ail-Out In Coverage Of War News Radio networks and independ- ent stations ripped program sched- ules to shreds Sunday, as word of the Japanese attack on Honolulu was received shortly before 2:30 P. M. All networks went on the air with the news flash, and con- tinued on 24-hour operation there- after, a schedule which will con- tinue indefinitely. Geared for Coverage All networks immediately offered their full facilities to the war effort, and geared themselves for intensive coverage. Commercial programs were frequently interrupted for bulletins and sustaining periods were given over almost entirely to news. Late yesterday NBC announced that the first minute of all quarter-hour shows ; the first two on half-hour shows, and the first and middle two minutes on hour programs would be used exclusively for news. Regular news shows will continue, and other programs will be subject to interrup- tion if the news is important enough. Operation of the Red and Blue will be' combined from 12:30-8 A.M. The network had an eye-witness report of the bombing of Manila by Bert Silen and Don Bell at 2:25 P. M. yester- day. Amateurs Silenced All amateur radio stations were si- lenced by an FCC order Sunday, ex- cept those authorized to act in con- nection with the war. BMI an- nounced that its patriotic music would be available to all music users without charge for the duration. . At the suggestion of Robert A. Catherwood, newly appointed WWRL general manager, all New York City foreign language stations will meet at WHOM this afternoon to set up a permanent organization and determine broadcasting policy. International short wave stations went on the air with broadcasts to foreign countries as soon as news of the bombing was received Sunday and continued throughout yesterday. The CBS station increased its broad- cast time to 24 hours daily with news an almost exclusive feature. Mutual is presenting news from Washington every hour on the hour and from the West coast on the half- hour. Browne's $20,000 Fine Paid in Cash The $20,000 fine imposed on George E. Browne was paid in cash yesterday by E. S. King, his Chicago attorney. William Bioff has not yet paid his $20,000 fine. Consolidation of the 10 stockholder suits brought against Warners as a result of alleged extortion payments to Bioff and Browne has been ordered by N. Y. Supreme Court Justice Fer- dinand A. Pecora. The court named former General Sessions Judge Alfred J. Talley as chief counsel for the plaintiff. (Continued from page 1) tilities, most managers reporting nor- mal Sunday business and average Monday attendance. Neighborhood houses in the metropolitan area were hard hit, however, as thousands re- mained at radios following news de- velopments. Few theatres used news flashes, the managers reasoning that theatregoers were seeking entertain- ment. In Los Angeles, programs were in- terrupted to notify police and firemen off duty to report to their station houses on Sunday and by night it was estimated business was off 15 per cent. Attendance remained subnormal yesterday with many fearing an air attack or sabotage at aircraft plants. Oakland had a partial blackout when rumors spread that an attacking force was in the vicinity of San Fran- cisco harbor. Grosses for the two days were off about 15 per cent in San Francisco and Oakland. Washington Slack Washington theatres experienced a marked setback Sunday as crowds paraded by the White House and the Japanese Embassy, and many thou- sands sat glued to their radios. Busi- ness continued slack until yesterday afternoon. Chicago Loop houses reported busi- ness off seven per cent Sunday, with the exception of the Oriental, which reported one of its biggest Sundays in history. In Cincinnati, Dayton and Colum- bus only a slight decrease was re- ported Sunday and some recovery was experienced yesterday. St. Louis first-run receipts dropped 15 to 20 per cent Sunday. Bulletins of the attack were announced to mat- inee audiences. Tri-States circuit headquarters at Des Moines reported grosses off about 33 per cent Sunday. Most suburban houses, however, reported business at average levels. First runs broadcast occasional news bulletins. Indianapolis business was not no- ticeably affected, managers said. A few houses reported attendance slightly off. Two or three had excellent busi- ness. Dallas reported no noticeable change either day. All Interstate Circuit houses interrupted programs for news bulletins. At Minneapolis, Sunday business was reported moderately off and many managers attributed it as much to a War 'Specials' Sent Out by All Newsreels All five newsreels yesterday sent by air express to all ac- counts "specials" on the dec- laration of war. The reels, approximately the usual length, are substitutes for the usual midweek issues. March of Time is preparing a new release, "Your America at War," to be ready for pre- release bookings Thursday through RKO. snow and sleet storm as to the war. Early Monday business, however, showed a noticeable drop, although the weather had cleared. Only one theatre in Providence re- ported business off. At Toronto, at- tendance showed a strong recovery yesterday after a poor Sunday. Man- agers believed reaction to war news and rain encouraged patrons to return to the theatres yesterday. Small Effect on Broadway Broadway grosses maintained a good level despite war excitement which kept thousands at their radios. "Rise and Shine," presented with a stage show, had a strong opening at the Roxy, bringing an estimated $29,500 for the first three days begin- ning Friday. It will hold over. Al- though in its third week the Radio City Music Hall show, "Suspicion," with a stage presentation, grossed an estimated $50,000 Thursday through Sunday. The film will be replaced Thursday by "The Men in Her Life." "Skylark" with Harry James' or- chestra and Ray Bolger on the stage finishes its third and final week to- night at the Paramount with an esti- mated $36,000. Saturday and Sunday the show brought an estimated $22,- 000. "Birth of the Blues" and Orrin Tucker's orchestra go in tomorrow. At the Strand, "They Died With Their Boots On" and Woody Her- man's orchestra drew an estimated $20,200 Thursday through Sunday. The show ends a three-week run to- morrow night to be replaced Thurs- day by "Blues in the Night." "How Green Was My Valley," now in its sixth week at the Rivoli, did an esti- mated $11,300 Friday through Sunday and continues. "Swamp Water" in its fourth week at the Globe grossed an estimated $3,000 Saturday and Sunday. See Far East Market Open Despite War (Continued from page 1) Japan is not considered commercially important by the industry. Because of its import permit system and c^J" rency restrictions, it has produced ™ 1 revenue for the past three years. Despite the hostilities, the eight major distributors collected their third payment, aggregating approximately $210,000, from the Yokahama Specie Bank at San Francisco over the week- end. The payment was under a pact with Japan which set aside $860,000 of the companies' Japanese revenue for that year for payment in four in- stallments beginning last September. The fourth and final payment is due in February. Few in Tokyo The outbreak of the war found few American film company officials still in Tokyo. Lewis Pepperman, United Artists manager there, was in com- munication with the home office from Tokyo last Friday. Harold Dunn and M. Shathin of Warners were last heard from there. Evacuation of Japan by American film employes has been under way for several months and skeleton staffs remain, for the most part. The Far East film colony is now concentrated mostly in Manila. I. Cohen of M-G-M, Charles Core, United Artists ; Larry DePrida, Uni- versal ; George Kallman, Cliff Almy, Warners ; James E. Perkins, Para- mount, and Dan Lederman, 20th Cen- tury-Fox, were among those in Man- ila when last heard from. Several others were last heard from at Shang- hai, among them J. D. Berman of M-G-M; Floyd Crowder, RKO; A. L. Kaplan, Warners, and Robert Perkins, Universal. Al Daff of Uni- versal and Sidney Albright of 20th Century-Fox are at Batavia, Java, and James Mcllhenny of 20th Century- Fox and Robert Lury, Universal, are at Singapore. Arthur G. Doyle, 20th's Far Eastern supervisor, is believed to be en route to the United States. A. Swemmelaar of Warners is at Hong Kong. Recalled to U. S. Morey Marcus of United Artists and Charles Mayer of 20th Century- Fox sailed for the Far East on the President Polk from San Francisco on Saturday. The ship was called back to port Sunday and arrived yes- terday. Japanese were removed from the accredited list of motion picture cor- respondents yesterday by major com- pany foreign departments. Recess Hearing on Press-Radio Tieups Washington, Dec. 8. — The FCC, which wound up its presentation of the newspaper-radio situation Friday, has recessed hearings to give news- paper interests an opportunity to pre- pare their evidence on the effects of newspaper ownership of broadcasting stations. No date was set for further hear- ings, but it was indicated no sessions probably would be held until after the turn of the year. Studios Take on War Aspect; Expect Change in Schedules Hollywood, Dec. 8. — Hollywood today took on a war aspect. All radio stations and virtually every studio were under augmented guard, with extra fire precautions taken. Rearrangement of shooting schedules is expected, particularly in case of distant locations, due to expected restrictions on large traveling units. All private airplanes have been ordered grounded, which is causing rewriting of scripts. The studios yesterday sup- plied the Army with 35 trucks, with 100 more available. The Army picked up all machine guns at studios. Citizens have been asked to stay home as much as possible. Republic has barred all visitors. Paramount demands identification from everyone. Fourteen AFL studio locals totaling 16,000 workers today pledged an implied "no strike" policy. THAT BOX OFFICE HOWL He's ready to outscream "Frankenstein" and * "Dracula" in that Pre-Christmas date! Here it is all set for you to sell hard . . . that horror magic that brings you hot profits out of cold shivers! CLAUDE RAINS WARREN WILLIAM RALPH BELLAMY PATRIC KNOWLES BELA LUGOSI MARIA OUSPENSKAYA EVELYN ANKERS and the new master character creator LON CHANEY as "The Wolf Man" Directed by GEORGE WAGGNER Associate Producer, GEORGE WAGGNER ¥ i **" > n L jfi| ■p\ ' Jj 6 MOTION PICTURE DAILY Tuesday, December 9, 1941 Leaders of Exhibition Assemble in Chicago Conciliation Is Aim of Meeting OnTrade Unity {Continued from page 1) row, the conference will not take any definite steps but that a committee will be appointed to tackle the propo- sals and report at a future meeting, after sessions tomorrow or Wednes- day. Such a conciliation board will con- sist of representatives of the various elements of the industry with equal representation to such elements, and such an exhibitor body will have a person of national prominence and The all-industry unity effort is viewed by Barney Balaban, Paramount president, as tak- ing on new significance and importance with the United States in the war. "In a sense, we can contribute to national unity by achieving unity within the industry," he said before leaving for the Chi- cago meeting yesterday. prestige as its leader, and a person of similar standing as its general counsel. Peace between factional exhibitor groups of the country is one of the principal objectives of the unity meet- ing. That such a peace is desired rather than the continuous warfare and prejudices of these groups is read- ily admitted by leaders already as- sembled here. Five separate exhibitor groups met here today to formulate their plans for the meeting. They were: Allied States, the Pacific Coast Conference of Independent Theatre Owners, MPTOA, Northwest Allied and groups representing regional exhibi- tor groups not affiliated with either national exhibitor organization. At the national Allied meeting were Abram F. Myers, H. A. Cole, Jack Kirsch, Sidney Samuelson, Roy Harrold, Martin G. Smith and Ben Berger. Cole, Allied president, said that Kirsch, head of Illinois Allied, would preside at the opening of the all-industry meeting tomorrow. Cole said that Allied has no inten- tion of dominating the meeting and that each exhibitor and distributor representative who wishes to do so will have the opportunity to be heard. War Overshadows Meet Preparation Chicago, Dec. 8.— The war partly overshadowed the all- industry unity meeting as industry representatives gath- ering here yesterday and to- day from all parts of the country gave as much atten- tion to radio bulletins and newspapers as they did to plans for the meeting. ABRAM MYERS Allied Chairman H. A. COLE Allied President ED KCYKENDAEE MPTOA President MAX A. COHEN MPTOA Director S. SAMCEESON New Jersey Allied F. WEHRENBERG St. Eouis MPTOA EEWEN PIZOR MPTOA Exec. Comm. O. C. LAM MPTOA Exec. Comm. He said Allied has a "definite idea on unity but the plan is new to other ex- hibitor organizations." At the MPTOA conference were Ed Kuykendall, president, and mem- bers of the organization's executive committee. Their first action was the adoption of a resolution endorsing President Roosevelt in the interna- tional situation and pledging the sup- port of the theatres of MPTOA units. Kuykendall declined to comment on MPTOA's position at the unity meet- ing. Attending the session in addi- tion to Kuykendall were H. V. Har- vey, Max A. Cohen, O. C. Lam, and Fred Wehrenberg. Lewen Pizor and Arthur Lockwood are expected to ar- rive tomorrow and Morris Loewen- stein will not attend, having been designated to represent Kuykendall at the convention of the Oklahoma The- atre Owners at Oklahoma City to- morrow. Coast Unit Has Plan The conference of PCCITO dele- gates was attended by Robert H. Poole, executive secretary ; L. O. Lukan, Jack Y. Berman, and H. V. Harvey. It was reported that the Pacific Coast group would recom- mend the adoption of the organiza- tion's 11-point program by the all-in- dustry meeting. At the meeting of representatives of regional organizations were Harry Brandt, Leo F. Wolcott, William F. Crockett, Harry C. Arthur, Jr., John Rugar, Poole, Berman, W. B. Bryant, Myron Blank, Robert White, Harvey and Robert Barton. E. L. Peaslee and Fred Strom of Northwest Allied considered proce- dure for presenting their views on the serious product situation in Minne- sota and complaints against product terms to distribution executives who are expected here tomorrow. Schine Case Trial Scheduled to Start In Buffalo March 3 (Continued from page 1) answers to the Government's inter- rogatories. Louis D. Frohlich of Schwartz & Frohlich, New York, ap- peared for Columbia, and Benjamin Pepper of O'Brien, Driscoll & Raf- tery, New York, for United Artists and Universal. Setting of the March trial date for the Schine anti-trust suit will make it impossible for the Government to be- gin trial of its New York action against the "Little Three" in April, as the Government announced recently it planned to do. The Schine trial is ex- pected to last at least a month and preparations for trial of the New York suit would require a minimum of another month, attorneys say. Minn. Civil Action Trial After Feb. 1 (Continued from page 1) law against Paramount, RKO and 20th Century-Fox. The criminal actions are scheduled for trial beginning Dec. 15 and involve what the consenting companies be- lieve will be a quicker and more defi- nitive test of the constitutionality of the law than would be provided by the civil action. The civil action had been scheduled for trial tomorrow but local counsel for the distributors reached an agree- ment with state officials. U.S. Decree 'Mess\MPTO Bulletin Says "The consent decree is a mess," the MPTOA asserts in an organi- zation bulletin which reviews the workings of the decree thus far. Issued yesterday, on the eve of the all-industry unity meeting in Chicago today, the bulletin makes the signifi- cant statement that while the indus- try already has been "dragged so far' into government regulation that it will have great difficulty in extricating it- self," and that "even if the coopera- tion and backing heretofore withheld can be secured now, it is a question whether self-regulation and self-dis- cipline can be undertaken by the or- ganized industry at this time." "Whether the consent decree can be rewritten during its three-year per- iod," the bulletin continues, "how long it would take to get it modified (even if everybody agreed upon the desired changes) and whether legislation (such as the Minnesota law) is the only way it can be changed, are ques- tions that require careful examination. In the meantime, the number of ex- hibitors who would like to see the consent decree busted up, for a variety of reasons of their own, is steadily growing." A selective contract offering a rea- sonable cancellation right, unham- hapered by conditions, is advocated in place of the block-of-five method. The bulletin criticizes the operation of the arbitration system. fuesday, December 9, 1941 Motion Picture Daily 7 THE CASE HISTORY OF A BIG PICTURE S. M. SCHENCK Loew's President BARNEY BALABAN Para. President GEO SCHAEFER RKO President T. J. CONNORS 20th-Fox Executive W. F. ROD(iKK« .oew's Sales Heiicl z 4ft NKII. AGNEW Para. Sales Head J. BERNHARD W.B. Vice-I'resident J. R. GRAINGER Repub. President 411 Theatres \re Affected By Arbitration Arbitration awards can be en- orced against theatres wliich re- use to intervene in a proceeding ly means of the arbitrator's power |o regulate clearance and other pro- visions of contracts of the consent- ing companies, the national appeals j)i>ard said yesterday in a decision tvising the arbitrator's award in he clearance case of the Squire Theatre, Great Neck, L. I. In its decision, the board increased he clearance of the Skouras Play- ouse, Great Neck, to 14 days over ■ he Squire, from the seven days clear- nce which had been set as a maxi- ium by George H. Spiegelberg, ar- bitrator, in making the original award. • n addition, the board gave the Little l\eck Theatre one day's clearance over 1he Squire, whereas Spiegelberg had ' bolished all clearance between the -wo. ] Spiegelberg made no award as to he Beacon. Port Washington, and the •lanhasset Theatre, which were named s interested parties on the ground hat, having failed to intervene in the :ase, he lacked jurisdiction over them, t was on this point that the appeals card ruled that they may be affected ecause of an arbitrator's power to set ne maximum clearance which a con- enting distributor may accord to heatres involved. The board gave the Beacon a maxi- mum clearance of seven days over the Squire and the Manhasset four days. Spiegelberg's award also was modified to limit it to future contracts entered into by the five consenting companies with the theatres involved and not to existing contracts. The appeal was taken by the intervenors, Skouras Playhouse and Northern Amusement Corp., operator of the Little Neck. The Playhouse, prior to the complaint, had 30 days clearance over the Squire, except from Paramount, which gave it 14 days, and the Little Neck had seven days clearance. Clearance Altered in Philadelphia Decision Philadelphia, Dec. 8. — Calvin H. Rankin, arbitrator, in an award en- tered here on Saturday permitted the 28 days clearance of Warners' Logan over A. M. Ellis' Broad Theatre, Philadelphia, to remain, but reduced the 21 days clearance of Hunt's Rock- land to 14 days and the 14 days clear- ance of Warners' Bromley to seven days. The seven days clearance of War- ners' Grange over the Broad also was permitted to stand, although no change had been sought in that situa- tion. Meanwhile, the clearance complaint of Columbus Stamper, operator of the Rivoli here, was withdrawn. Ampa Relief Fund Total Now $2,304 The Ampa welfare committee re- ported yesterday that $2,304 was col- lected for its relief fund during- the first six months of its existence. Be- cause of the need of those being aided, the committee recommended that pref- erence be given present and past mem- bers of Ampa. Schaefer Will Realign RKO Departments (Continued from paiic I) Schaefer's approval. Breen, it is also indicated, will make some changes. The realignment both here and on the Coast is for the purpose of coordinat- ing activities under the direct super- vision and authority of Schaefer. It is also indicated that N. Peter Rathvon will shortly assume the posi- tion of vice-president of RKO, in an operating capacity, subject to the su- pervision of the president. In the meantime, reports are that among the persons soon to depart from the lot is J. R. McDonough. Schaefer, it is said, intends to build a more closely-knit and cooperative organization, which will function smoothly and with the greatest coor- dination under his full authority. Para, Closes With Loew Metropolitan Paramount yesterday closed with Loew's metropolitan circuit for the distributor's first two blocks of new season's product. The deal has been in negotiation for months and has held up the playing of Paramount's new product in neighborhood houses of the entire metropolitan area. The negotiations were concluded by C. C. Moskowitz of Loew's and Neil F. Ag- new of Paramount. THOUSANDS of radio fans CLAMORED to see the adventures OF their favorite air-waves sleuth -MR. DISTRICT ATTORNEY— ON the screen I ...AND in RESPONSE TO their DEMANDS, Republic gave you THE first in a great new film series — "MR. DISTRICT ATTORNEY"... ALL America thrilled to this stirring TALE of the forces of law and ORDER arrayed against_the_ UNDERWORLD... AND they asked for_ MORE I ... So HERE'S a BRAND-new UP-to-the-minute ADVENTURE —"MR. DISTRICT ATTORNEY IN THE CARTER CASE . . and it's even more EXCITING than thefirst in theseries! YOU'LL cheer handsome JAMES ELLISON (remember him in "ICE- CAPADES"?)...and his sweetheart AND aide is lovely VIRGINIA GILMORE. The rest of the cast INCLUDES FRANKLIN PANG- BORN for laughs, beautiful LYNNECARVERforextra romantic EXCITEMENT, PAUL HARVEY, DOUGLAS FOWLEY, JOHN ELDREDGE and many more . . . i YOU saw "MR. DISTRICT ATTORNEY" or if you've heard HIS adventures on the air, you WON'T want to miss "MR. DISTRICT ATTORNEY IN THE CARTER CASE "...And if you HAVEN'T— then it will give you A brand-new thrill! It's A REPUBLIC PICTURE Make that your slogan and you'll profit handsomely . . . Advertise . . . because the very word "Showmanship" means show- ing off and the best way to show off is with advertising. Advertise. . . because advertising is news and people are hungry for news and information about enter- tainment. Advertise • . . because advertising and business success go hand in hand. Advertise . . . because motion pictures is a business of ideas, show- manship, glamour ... and adver- tising is made up entirely of ideas, showmanship and glamour and that's what makes people stop, look, listen and buy. Advertise . . . start with theTrailer and spread out in all directions with information about your show . . . Advertise with Standard Accessories. Speciai Accessories and Trailers because NATIONAL SCREEN SERVICE SeUs More Seats! Alert, I InteUiger \ and y [ to theN$ktion I Picture Industry MOTION PICTURE DAILY First in Accu and Impartial )L. 50. NO. 114 NEW YORK, U.S.A., WEDNESDAY, DECEMBER 10, 1941 TEN CENTS W ar Jitters Slash Gross Over Country Areas With Blackouts or 'Alerts' Hardest Hit Three days of war jitters, con- stant radio news bulletins, several tir raid alarms and the climax of he nationwide address by Presi- knt Roosevelt at 10 o'clock EST iast night, caused grosses to slump badly from coast to coast. .Many theatres moved to keep their audiences by making ar- rangements for reception of the speech somewhere in the house, or, in some instances, giving bulletins of the speech. A 10 P.M. house check at Broadway theatres revealed business fell as much lis SO per cent of normal, according to For war's effect on radio operations, see Page 7. .he managers. Neighborhoods report- ed not being affected as much. Chicago's Loop grosses were off an estimated 35 per cent yesterday, most (Continued on page 8) Hollywood Gears For War Safety Hollywood, Dec. 9. — Studio man- agers will meet Thursday to plan for (war-time protection of the studio .jroperties, it was announced today in the midst of numerous happenings on the West Coast incident to the war. Fred \V. Beetson, Producers' As- iciation executive vice-president, I railed the studio managers to the ."'inference, at which reorganization i of fire and police departments and [other matters of general community [protection will be taken up. The 20th Century-Fox studio today Wormed an emergency committee and (began training employes in air raid (Continued on page 8) Accept Shipment to Far East Markets Film shipments are being accepted to all major Far Eastern markets out- side of Japan and Japanese dominated territory, the Massce-Barnett Co., film forwarders, was advised officially yesterday by Pacific operators. Shanghai, Hong Kong and Thailand are the only new areas closed to ship- (Continued on page 8) Entertainment Only Is Theatres' Policy Broadway theatres and ma- jor circuits are planning to continue a policy of "enter- tainment only" in the emer- gency, with respect to inter- ruption of programs to pre- sent war news bulletins. A similar decision was reached yesterday by Warner circuit officials meeting in Philadel- phia. It was generally felt that theatres could do much to bolster morale by provid- ing uninterrupted entertain- ment. Metro Will Resume Minnesota Selling Rodger s Reveals Chicago, Dec. 9.— M-G-M will re- sume selling in Minnesota at the ear- liest opportunity as a concrete exam- ple of its willingness to contribute to industry unity and cooperation, Wil- liam F. Rodgers, vice-president and general sales manager of Loew's, an- nounced at the all-industry unity meeting here today. He said that the decision to resume selling had been made only today and at the request of a group of exhibitors representing Northwest Allied at the all-industry meeting. Details of the procedure by which the company will re-enter Minnesota have not been worked out, it was learned, but are expected to follow that taken by all other consenting companies in applying for an exemp- tion from the sales provisions of the consent decree in order that it can comply with the provisions of the Minnesota anti-block-of-five law. UNITY GROUP MAPS INDUSTRY PROGRAM Meeting Gets Under Way with Nearly 100 Trade Leaders Present; Committee on Ways and Means Reports Today By SAM SHAIN Chicago, Dec. 10 (Wednesday). — A permanent Motion Picture Indus- try Committee of 26 members to effectuate the program to be adopted by the all-industry conference will, according to report, be recommended by the ways and means committee at the 10 A. M. session today. The ways and means committee, 'Last Chance' To Unite, Kent Tells Meeting Chicago, Dec. 9. — In the most direct statement uttered at the all- industry unity conference, Sidney R. Kent, pres- ident of 20th Century - Fox, not only urged a blending of the interests of all branches of t h e business but warned gravely that this might be the last chance for the indus- try to stop its internal bick- e rings and unite, unless it expected to face (.Continued Sidney R. Kent even graver ob- on page 3) Unity Meeting Delegates Pledge Loyal Support to Nation in War Chicago, Dec. 9. — A pledge "to our country and our commander- in-chief" in the war effort was adopted today by the delegates to the all-industry unity meeting. In offering the resolution, Robert H. Poole, executive secretary of the PCCITO said, "What better purpose, what better keynote can we present to the trade and country at this time than our loyal pledge and our patriotic de- votion." The text of the resolution follows: "Resolved, that the representatives of the motion picture in- dustry here assembled in Chicago this 9th day of December, 1941, do hereby pledge wholehearted, patriotic and loyal effort of them- selves and the industry which they represent to our country and to our Commander-in-Chief, the President of the United States. "Be it further resolved that copies of this resolution be trans- mitted to the President of the United States, the Secretary of the Navy and the Secretary of War." ways and means which elected T. J. Connors chairman, completed its work after an all-night session. Its recommendation, adopted unanimously, it is reported, will be that the permanent committee shall consist of five representatives of Allied, five of the MPTOA, five un- affiliated exhibitors, and one repre- sentative each of all 11 distributors. Chicago, Dec. 9. — With an address by Abram F. Myers, Allied States- chairman and general counsel, which enumerated aims of the all-industry unity meeting here today, and a message of encouragement and warn- ing to the industry representatives from Sidney R. Kent, 20th Century- Fox president, the opening session swung into action by designating a (Continued on page 3) Garbo Picture Is Revised by Metro Hollywood, Dec. 9. — M-G-M last night completed and dispatched East a revised version of "Two-Faced Woman." Due to plane restrictions the film was shipped by train. The revision of the picture comes in sequel to objections against the original version registered by the Legion of Decency and represents an effort on the part of M-G-M to have the Legion's outright condemnation of the film lifted and placed instead in an unobjectionable for adults classifi- cation. Recall of Greta Garbo and Melvyn (Continued on page 8) Sees Dimes Setup In Future Drives The nation-wide organization of theatre men being built up by Nicho- las M. Schenck, as national chair- man for the industry's infantile paral- ysis drive, will provide an active mechanism by which the country's film houses can cooperate in many . (Continued on page 3) Motion Picture Daily Wednesday, December 10, 194] FPC Sends Gifts to Army Men Abroad Toronto, Dec. 9. — Famous Players Canadian Corp. is sending a New Year's greet- ing to each of the 48 circuit men on duty with the Cana- dian forces overseas, in the form of a box containing arti- cles difficult to obtain, such as razor blades, candy and the like. Each includes a letter of greeting from J. J. Fitz- gibbons, Famous Players president. Navy Film Service in Year Cost $447,000 Washington, Dec. 9. — Motion pic- ture service for the United States Fleet and the Naval shore establish- ments during the fiscal year ended June 30, last, cost $447,000, of which $197,000 was contributed by the Gov- ernment and the balance met from profits of ship's stores, ships' services and post exchanges, it was disclosed in the annual report of Rear Admiral C. W. Nimitz, chief of the Bureau of Navigation. During the year, the report showed, $219,415 was expended on new pro- jection equipment for ships and sta- tions. The Navy Motion Picture Ex- change cost approximately $10,000 for maintenance. The motion picture service is a "major element" in the Navy's morale program, Admiral Ni- mitz declared. No charge is made for admissions to the shows, which are held at all naval stations and marine posts and on all ships of sufficient size to provide the space necessary for projection, including those of the Coast Guard. Menken Addresses B'nai B'rith Session The first Fall meeting of the Cin- ema Lodge of B'nai B'rith was held last night at the Hotel Edison with several hundred guests and members attending. The program included a talk by Arthur Menken, Paramount News cameraman, and a screening of "The Battle of the Pacific," a film resume of his travels in the Far East. Menken broadcast from the meet- ing on the "We, the People" program, 9 to 9:30. Rabbi Nathan Perilman and Judge Jacob Ascher also ad- dressed the session. Arthur Israel, Jr., presided. Milliken to Appear On Iceland Treaty Washington, Dec. 9. — Carl E. Milliken of the MPPDA has been listed for time to present evidence on films at hearings set today for Dec. 15 on a proposed trade agreement with Iceland. The hearings will be held by the Committee for Reciprocity Information. Associates Elect Today Election of Motion Picture Associ- ates' officers for the new year will be held today at the Hotel Lincoln. Harry Buxbaum has been unanimous- ly nominated for president. Open Oklahoma Branch Dallas, Dec. 9. — Sack Amusement Enterprises on Jan. 2 will open its new Oklahoma City exchange, under the management of W, Burl Lovelace. Personal Mention DAVID O. SELZNICK and Myron Selznick left last night for Hollywood. • Will H. Hays left Hollywood last night for Chicago and New York. • Harry Spiegel of the Family Thea- tre, Scranton, Pa., has been elected commander of the Sandy Weisberger Post 165, Jewish War Veterans. • Fred DeRado, manager of the Capi- tol Theatre in Binghamton, N. Y., be- came the father of a girl, Judy Ann, born to Mrs. DeRado recently. • Charles Collins, manager of the Columbia Theatre, Bloomsburg, Pa., became the father of a girl recently. • Victoria Cusanelli, former War- ner booker in New Haven, was given a dinner following her marriage to William F. Leach and resigna- tion from her post. • Maurice Sherman, Monogram salesman in Philadelphia, was taken ill in upstate Pennsylvania and is confined to a hospital. NICHOLAS M. SCHENCK, George J. Schaefer and J. Rob- ert Rubin will arrive from Chicago by train this morning. • Abe Blank and Ralph Branton, of Tri-State Theatre Corp., Des Moines, were visitors at the Para- mount home office yesterday. • Nate Sandler, owner of the North- wood Theatres, Northwood, la., and Mrs. Sandler, have returned from a motor trip to Florida. • Max Felt, manager of the Allen, Philadelphia, is recovering from a serious nose infection. • E. O. Wilschke, Altec Service district manager in Philadelphia, vis- ited here yesterday. • Herbert Hillman, former student at the College Theatre, New Haven, now in service at the Air Base, Ban- gor, and Mildred Lichter have be- come engaged. • Helen Platt has returned to the Warner office, New Haven, after a month's leave of absence. Grant. Browne, Bioff Appeals Extension William Bioff and George E. Browne yesterday were granted an extension until Feb. 10, 1942, by Fed- eral Judge John C. Knox to file their bill of exceptions and assignment of errors on their appeal from conviction for extortion. The extension was made after Martin Conboy, defense at- torney, stated there were 2,180 pages of minutes to prepare. Five stockholder suits resulting from alleged payments to Bioff and Browne are pending against Para- mount, its officers and directors, it was disclosed by an application of the company for consolidation in N. Y. Supreme Court. Paramount in its an- swers to the suits contends that the three-year statute of limitations has expired, and also sets up a defense that officials of the company acted in their best judgment in making the payments. Says Curb on I. A, Heads to Be Sought Rochester, Dec. 9. — A curb on the power of IATSE officials will be sought by the New York State locals in the IA at the next convention tentatively set for next June, accord- ing to Michael J. Mungovan, business agent of the local here. The neces- sary revisions in the constitution and by-laws will be sought, Mungovan said. 'Pressure' Drive Planned by S.P.G. The Screen Publicists Guild has announced the establishment of "pres- sure campaign" headquarters at the Hotel Piccadilly. The "campaign" will be conducted against home offices here because of failure of negotiations, it was said. The Guild also volunteered its mem- bers' services en masse to civilian de- fense agencies. Edgar Moss Heads Phila. Variety Club Philadelphia, Dec. 9. — Edgar Moss has been elected chief barker of the local Variety Club. Other officers are : Charles H. Goodwin, first as- sistant; David Supowitz, second as- sistant ; Earle W. Sweigert, national canvasman ; Elmer O. Wilschke, sec- retary ; William McAvoy, Jr., treas- urer. Jack Beresin and McAvoy were elected national convention delegates. Samuel H. Stiefel is chairman of the entertainment committee, and Wil- schke chairman of the house commit- tee. Moss will preside at the club's seventh annual banquet at the Belle- vue- Stratford Hotel next Sunday night, with James J. Walker as toast- master. Barkers to Attend Ampa's Luncheon Chief barkers of a number of Vari- ety clubs around the country have ac- cepted the invitation to attend Ampa's testimonial luncheon to the Variety Clubs and John H. Harris and Robert J. O'Donnell, national officers, to- morrow at the Hotel Edison, accord- ing to Vincent Trotta, Ampa presi- dent. William McCraw of the Dallas club, former Attorney General of Texas, will be master of ceremonies. Delay Seattle Affairs Seattle, Dec. 9. — A dinner dance for the local industry scheduled for Dec. 12, has been postponed because of the unity meeting in Chicago. The annual meeting of the ITO of Wash- ington, also will await the outcome of the Chicago sessions. Nick to Ask Rehearing St. Louis, Dec. 9. — A motion for a rehearing on the action of the U. S. Supreme Court in denying a review of the conviction of John P. Nick and Clyde A. Weston, ousted heads of the local operators' union, will be filed Dec. 19, attorneys here stated. KRS Drops Aid to Army Film Council London, Dec. 9. — The Kinemato- graph Renters Society (distributors) today formally decided to extend no further collaboration to the new War Office Film Committee, despite the in- vitation of the Army Council. It with- drew the present mandate for society members to represent it on any War Office committee. The move is in reply to the pointment of Paul Kimberly as dire? tor of Army Kinematography without consultation with the KRS. The or- ganization today also discussed the rental situation and the value of the percentage only selling policy, but no decision was reached. A third Ameri- can company threatened to join two others in refusing to permit the KRS to dictate its rental terms, and the matter was put over. To Admit Soldiers To Chicago Houses Chicago, Dec. 9. — Through the ef- forts of the amusement and recrea- tional division of the Chicago Com- mission on National Defense, headed by James E. Coston, zone manager for Warner Theatres, arrangements have been made to admit more than 1,000 members of the armed forces free of charge to many amusement places in the downtown district. These include the six deluxe houses operated by Balaban & Katz ; the Oriental, RKO Palace, Woods, Clark, Monroe, Astor, and the two news- reel theatres, the Telenews and To- day. The defense commission is hope- ful that neighborhood theatres also will cooperate. Hollywood Unit of USO Starts Tour Hollywood, Dec. 9. — The first West Coast unit of the USO-Camp Shows, Inc., has left here on a four- month nationwide tour of Army camps and Naval stations. Known as the "Sunshine Review," the show was produced by Marco of Fanchon & Marco. Ohio Veteran Dies Dayton, O., Dec. 9. — James F. Potts, 73, operator of the first film house in Portsmouth, O., and later operating theatres in Cincinnati, died at his home here yesterday. 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 Ouigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. En- tered as second class matter, Sept. 23, 1938 at the post office at New York, N. Y., under the act of March 3, 1879. Subscrip- tion rates per year $6 in the Americas and $12 foreign. Single copies 10c. Motion Picture Daily 3 Harmony Keynotes All-Industry Conference Wl Enterprises in Canada Included In License System ^Toronto, Dec. 9. — All busines en- Bjjprises in the Dominion, manufac- turing, importing, wholesale, retail .nd service units, are to be brought inder the domination of a license sys- em, it has been announced by the .Yartime Prices and Trade Board, of vhich David Gordon of the Bank of Zanada is chairman. The move is in- iended to cover all companies and es- - ablishments under a control system, vhich have not already been brought ander the scope of the two Orders-in- Touncil for the freezing of retail >rices, theatre admissions and other :onsumer costs. Deadline Today Those already specifically men- ioned as coming within the scope of 'the regulations which became effec- tive Dec. 1 have been given until Dec. 10 to apply for their business operat- ing licenses and the board has an- njunced: "Other businesses should not apply for licenses until asked to lo so." It is anticipated that film dis- xibuting companies and importers of ;quipment and accessories will come jnder the widened licensing edict so :hat the releasing of films may even- tually be regulated. The official hint pf things to come contained the fol- lowing statement : "All persons com- ing within the provisions of the new Drder will be automatically licensed jnder its terms." Includes Related Services 1 In the including of "the exhibiting t)f motion pictures," the interpretation s made of the word "services" as fol- lows : "Services means the following ■specified services and any services as- sociated therewith or ancillary thereto, and also any activities or undertak- ngs that may hereafter be designated dv the board as services for the pur- puses of these regulations." Eleven services are designated in the order md one of them is the exhibiting of motion pictures. Whether control of film rentals is ntended to be a part of this require- ment or not is a matter of interpreta- tion, it is contended by film trade of- ficials. Film distribution can be called a service associated with the exhibi- tion of films and the wording of the offical interpretation also makes it possible for the board to say that film renting or any other activity can be brought under the scope of price level. Sees Dimes Setup In Future Drives (Continued from page 1) war drives that are sure to come, it was stated yesterday by C. C. Mos- kowitz, co-chairman with Schenck in the 1942 March of Dimes drive. First instructions were sent yester- day by Schenck to the state chairman for the drive, to be held Jan. 22 to 29. Moskowitz said that leading ex- hibitors throughout the country have volunteered their services and that a number of important circuits have agreed to cooperate. Collections will be taken in lobbies. Ways and Means Group Maps Industry Program (Continued from page 1) ways and means committee to set up an all-industry program. Representing exhibitors on the com- mittee are : H. A. Cole and Sidney Samuelson, Allied States ; Ed Kuy- kendall and Max A. Cohen, MPTOA ; and Robert H. Poole and Leo Wol- cott, representing units not affiliated with either national exhibitor organ- ization, such as the PCCITO, the ITOA of New York and others. Neil Agnew and T. J. Connors were named to represent decree consenting distributors and Steve Broidy of Monogram, to represent non-consent- ing distributors. The committee met tonight to draft a program of action and is scheduled to report back to the conference to- morrow morning. The committee was set up on a motion by Kuykendall to form such a group in order to simplify execution of the purposes of the con- ference and that the committee formu- late a program of action. Jack Kirsch, president of Illinois Allied, presided. The meeting at the Blackstone Hotel today was studded with nearly 100 trade leaders from all over the country. Many addressed the conference which started shortly after 1 :00 P.M., with the conscious- ness of the nation's entry into war overshadowing the thoughts of all. Top Executives Attend Among the leaders present were : Nicholas M. Schenck, Barney Bala- ban, George J. Schaefer, William F. Rodgers, J. Robert Rubin, Austin Keough, Felix Jenkins, Connors, Ag- new, Claude Lee, John Balaban, Jack Cohn, Abe Montague, James R. Grainger, Broidy, Joseph Bernhard, Harry Brandt, Ned Depinet, Charles Reagan, Poole, Eddie Rubens, Harry Arthur, Kuykendall, Cole, Samuelson, Cohen, Lewen Pizor, Oscar Lam, Fred Wehrenberg, H. V. Harvey, Jack Miller and Pete Wood. Myers, in his address, re- vealed that among the propo- sals advanced for considera- tion are the formation of a single, national exhibitor or- ganization, a new selling meth- od to replace the decree's blocks-of-five system and the establishment of a national con- ference and mediation board for the industry. Motion Picture Daily reported yesterday that these three proposals would be among the most important to be broached at the meeting. Myers informed the delegates that Allied's members are unwilling "at this time" to merge with or become a part of a single, national exhibitor organization. Asserting that the pro- posal required more thorough study, Myers said that without a background of experience in such a project and particularly because of financial and other requirements, Allied is unwilling now to relinquish its right to function independently when required to do so. Discussing Allied's motives in calling the unity conference, Myers said that it is Allied's conviction that Adjust Problems, Schenck Tells Meet Chicago, Dec. 9.— "Exhibi- tors and distributors should adjust all problems among themselves," Nicholas M. Schenck, president of Loew's, told the all-industry unity meeting here today. "All problems should be met by unity," he said. "Out of that cooperation will come unity, strength, friendship and security in our industry " the blocks-of-five sales method "has proved unsatisfactory to the great ma- jority of its members." He said that the conference was arranged without a concrete plan complete in details, and that for the time being Allied "has gone no further than to approve the simplest kind of industry organi- zation based upon the voluntary co- operation of all concerned, namely, a national, joint conference committee which would function as a voluntary planning and mediation board." In this connection Myers analyzed Allied's seven-point declaration of policy, uring it as being worthy of the consideration of such a board. That policy, as already reported, contem- plates an industry defense against un- fair taxation and outside attack ; the undertaking of goodwill activities, such as institutional advertising ; pro- tection of industry priorities on essen- tial materials; the replacement of the decree selling system with a more ac- ceptable one and the establishment of machinery for the discussion and pos- sible adjustment of practices opposed by any branch of the industry or sub- stantial portion thereof. William F. Rodgers, Loew's vice-president and general sales manager, said in addressing the meeting that in his 32 years' experience in the business he had attended no gathering which compared with this in importance and number of in- dustry leaders present. "More than ever before do we need unity, with attention being focused on the industry," he said. "There are no problems that cannot be ironed out at a round table". Offers Ampa's Aid A resolution giving Ampa's en- dorsement to a public relations pro- gram on behalf of the entire industry and offering the services of Ampa and its industry advertising, publicity and exploitation members to such a pro- ject was presented by Maurice Berg- man, Ampa's delegate. The resolu- tion proposed that the industry con- ference appoint a committee to formulate a public relations plan and that this committee submit a report on ways and means of carrying out such a plan within 30 days. Leo Wolcott of Iowa-Nebraska Allied offered resolutions, which were tabled. 'Last Chance' To Unite, Kent Tells Meeting (Continued from page 1) obstacles and more serious problems in the future. Kent presented his views in a letter addressed to Abram F. Myers, who read the missive to the assembled audience. Introduces Connors His letter introduced T. J. Connors, newly appointed executive assistant to Kent, who, he wrote, "will carry for- ward the conviction I have always had with regard to the great value of in- ter-industry cooperation." Kent also paid tribute to William F. Rodgers of M-G-M, asserting that if everyone else had done as much as he to preserve industry cooperation there would now be unity in the trade. Kent drew a comparison between the industry and the experience of American organized labor which, he recalled, after having been high in public favor for many years, now "faces the most drastic laws against any class ever intended in our coun- try." "We, as an industry, face the same thing if we continue with our internal agitations," he stated. "We will earn just what we will get." Traces Negotiations Kent traced the history of inter- industry negotiations from the old 5-5-5 pact up to the present. Assert- ing that "while the results which we obtained in the past were not always perfect, we kept together," Kent re- lated that ultimately "agitation took the place of good will and cooperation," and that, thereafter, "trade practice conferences failed and the decree, laws and lawsuits took the place of wise in- dustry counsel and cooperation." "This is our last chance to regain lost ground before we get more legis- lation and more lawsuits," Kent said. His letter reminded exhibitors that despite their cries that they are being driven out of busi- ness, "we all have survived and gone ahead." And he said that the distributor must go back to the realization that the inde- pendent exhibitor has a proper place in the business "and is an economic necessity and not a hardship." "As to the problem of chain thea- tres, it appears about to be tested in the courts and the final answer is now beyond either side," Kent stated. Foreclose in Baltimore . Baltimore, Dec. 9. — Keith's The- atre, 26-year-old vaudeville and film house, will go on the block in about three weeks under mortgage fore- closure proceedings instituted here in Circuit Court against the Maryland Theatrical Corp., which operates Keith's, by the Lexington Theatre Co., of which Morris Mechanic is president. H KRCH ^ WITH ROBERT BENCHLEY Screen play by Richard Flournoy • Story by Horace Jackson and Grant Garrett • Directed by ♦ ALLYN JOSLYN ALEXANDER HALI * Produced by B. P. SCHULBERG , A COLUMBIA PICTURE 6 Motion Picture daily Wednesday, December 10, 1941 'Honky Tonk' Chicago Best With $32,000 Chicago, Dec. 9. — "Honky Tonk" at the State-Lake took a big $32,000, and the Oriental with "Public Ene- mies" and the A. B. Marcus Revue on the stage garnered $24,000. Estimated receipts for the week ending Dec. 4 : days. days, Gross : 7 days. "Smilin' Through" (M-G-M) APOLLO — (1 ,400) (30c-40c-59c) 7 Gross: $9,500. (Average, $5,000) "A Yank in the R.A.F." (20th-Fox) CHICAGO-(4,000) (35c-55c-75c) 7 2nd week. Stage: Variety Show $36,000. (Average, $32,000) "Sergeant York" (W.B.) GARRICK— (1,000) (35c-55c-75c) Gross: $8,000. (Average, $5,000) "Public Enemies" (Rep.) ORIENTAL — (3,200) (25c-35c-40c-50c). Stage: A. B. Marcus Revue. Gross: $24,000. (Average, $16,000) "Suspicion" (RKO) "Week-End For Three" (RKO) PALACE— (2,500) (30c-40c-60c) 7 days, 2nd week. Gross: $12,500. (Average, $13,000) "New York Town" (Para.) "Badlands of Dakota." (Univ.) 1 day, 3rd "Swamp Water" (20th-Fox) "Great Guns" (2 b^um, who had been unanimous! nominated for the post, will succet Joseph Lee. Other officers are Matthew Caj&, second vice-president ; Moe Fra^ recording secretary; Charles Penst financial secretary ; Saul Traune treasurer ; Louis Kutinsky, sergean at-arms ; and Seymour R. Schuss and Moe Kurtz, trustees. Inductk of the new officers will take pla( about the middle of next month. At yesterday's meeting, the men bership voted a donation of $100 f. the Red Cross. A possible investmei of $5,000 in defense bonds also w; discussed. RCA Withholding Public Televisio St. Louis, Dec. 10. — RCA is vo untarily withholding public introdu< , tion of theatre television in order il meet national defense needs, Thomi F. Joyce, vice-president, told the S Louis Sales Managers Bureau. JoyJ said arrangements had been maq with Madison Square Garden, Warm; Bros., Mike Jacobs, the A.T. & 1 and others for the showing of tl ; Louis-Nova fight in Mastbaum Th<' atre in Philadelphia but the demoii stration was dropped. RCA's decision to drop theatre tel< vision for the duration was exclusive reported by Motion Picture Dah on Dec. 3. Heads Seattle Union Seattle, Dec. 10. — Charles C. CricI more has been reelected president the local stagehands' union Othe are : Ed Leach, vice-president ; E; Booth, recording secretary ; Albe McKay, sergeant-at-arms ; Erne Clark, reelected secretary for the 26 term, and Basil Gray, reelected bus ness agent for the 18th term. Columbus Veteran Diet Columbus, O., Dec. 10. — W. 1 Hartman, 74, property man at loc theatres for SO years, died at St. A: thony's Hospital yesterday. His wi and two daughters survive. MOTION PICTURE DAILY (Registered U. S. Patent Office") Published daily except Saturday, Sunday a holidays by Quigley Publishing Compai Inc., 1270 Sixth Avenue, Rockefeller Cent New York City. Telephone Circle 7-3 H Cable address, "Quigpubco, New York." M tin Quigley, Editor-in-Chief and Publish Colvin Brown, Vice-President and Gene Manager; Watterson R. Rothacker, Vi President; Sara Shain, Editor; Alfred F'inestone, Managing Editor; James Cron, Advertising Manager; Chicago Bure 624 South Michigan Avenue, C. B. O'Ne . Manager; Hollywood Bureau, Postal Un Life Building, William R. Weaver, Edit Leon Friedman, Manager; London Bure 4 Golden Square, London Wl, Hope V- liams, Manager, cable address "Quigput . London." All contents copyrighted 1941 Quigley Publishing Company, Inc. Ot Ouigley publications: Motion Pict Herald, Better Theatres, Internatio ' Motion Picture Almanac and Fame. <| tered as second class matter, Sept. 23, 1' I at the post office at New York, N. 9 under the act of March 3. 1879. Subsc: • tion rates per vear $6 in the Americas ; 1 $12 foreign. Single copies 10c. ■9-5 THERE IS A SANTA CLAUS, SAM DEAR! IT'S WARNER BROS! 50 MILLION FRENCHMEN WONT BE WRONGED! fez-' ilS4ff':J'r; EVERY DAY YOU CAN HEAR IT CALLING ON THE FRO THE WRAPS ARE OFF! TURN YOUR MARQUEE WHITE HOT WITH THIS ONE! PRINTS are READY NOW at UNIVERSAL! Right from under the heels of the Nazi heels . . . comes this blistering story of fifth horsemen vs. fifth columnists ! 50 hostages die for the deeds of one hero! the man with the gun fears the man with the heart! wny reprisal kiliings only breed more rebellion! WHY every morning hears a prayer — and every evening the executioner's fusillade! AGE OF YOUR OWN NEWSPAPER! A Charles K. Fddman Group Production starring Elizabeth BERGNER • Randolph SCOTT * Basil RATHBONE Edward CIANNELLI Lee J. COBB Gale SONDERGAARD Charles ARNT Original Screen Play by Benjamin Glazer and Charles S. Kaufman • Original story collaborator, John S. Toldy • Directed by EDWIN L. MARIN • Produced by BENJAMIN GLAZER A UNIVERSAL PICTURE The oboe sounds its "a" . . . and a New Century of Music begins A hundred years ago in the Apollo Rooms on Lower Broadivay, an oboe sounded the pitch . . . the sti'ings, the bj'asses and the wood- ivinds tuned... and a Connecticut Yankee raised his baton to signal the start of Beethoven's Fifth Symphony. Before him, at their high music racks, stood the first symphony orchestra in Amei-ica. Behind him an audience of some 400 sat upright in their pews. Today, in Carnegie Hall, an oboe again sounds its "a". . . and the 62nd successor to Ureli Hill raises his baton before the orches- tra of the Philharmonic-Symphony Society of New York. And behind him . . . before him ... all around him ... an audience of 10,000,000 awaits the opening theme. 10,000,000 people listening to the radio on a Sunday after- noon ! . . . More than have heard the Philharmonic within the walls of a concert hall in the hundred years of its history. What finer tribute to the world's greatest orchestra on the begin- ning of its second century? What better evidence of an America musically come of age? tfM^^i^The oscillograph registers the wave pattern of an oboe's "a" sounded by the Philharmonic's Bruno Labate. Instruments in an orchestra traditionally tune to an oboe because its accurate pitch and penetrating tone are easily caught by the human ear. 100th Anniversary of the Philharmonic-Symphony Society of New York Broadcast exclusively for the past 12 years over THE COLUMBIA BROADCASTING SYSTEM 8 Motion Picture Daily Thursday, December 11, 194 Reviews "Thundering Hoofs" (RKO) Hollywood, Dec. 10 RKO introduces a few new twists in the western formula with "Thundering Hoofs," another in the series of outdoor action pic- tures featuring Tim Holt, Ray Whitley and Lee "Lasses" White. Com- pactly made and tersely told, the story deals with the efforts of a stage line owner to induce his son to handle the company instead of becoming a rancher. The boy refuses, leaves home and stumbles onto a plot to discredit his father in the acquisition of an additional line. Lesley Selander, late of Harry Sherman's "Hopalong Cassidy" com- pany, directed the picture, cramming it full of mass and individual action. Whitley sings several of his own songs, including one from which the title is derived. Bert Gilroy handles the production well. Supporting the trio are Luana W7 alters, Archie Twitchell, Gordon De- Main, Charles Phipps, Monte Montague, Joe Bernard, Frank Fanning, Fred Scott and Frank Ellis. Running time, 60 minutes. "G."* Vance King "Confessions of Boston Blackie" (Columbia) a LTHOUGH certain of the phases of the picture are not altogether /\ convincing, through no fault of the cast, "Confessions of Boston Blackie" is satisfactory entertainment. The routine story has been given a substantial lift by good perform- ances, particularly by Chester Morris, the character of the title ; Rich- ard Lane, the police inspector who has a tough time matching wits with the elusive ex-safe cracker, and George Stone, as Morris' assistant. A murder is committed but the body is not found. The finger points at "Blackie," who is really innocent. In trying to clear himself, he searches for the body while dodging Lane. He finally proves his point but finds himself, Lane, Harriet Hilliard and others locked in the base- ment of a building with little chance of escape. The resourceful "Blackie," however, starts a fire, which attracts Stone, who summons a rescue party. Miss Hilliard and Morris provide the romance. Edward Dymtryk directed. Running time, 66 minutes. "G."* Eugene Arneel "Land of the Open Range" {RKO) „ . - THIS is a good western. It is a sufficiently sturdy yarn allowing ior a good share of action and excitement, all developed on the screen in the customarv manner of better Western films. Also it has brief musical numbers" by Ray Whitley which are pleasant and do not detract from the story. . Tim Holt plays the lead, as deputy sheriff, supported by \\ hitley, Lee "Lasses" White, Janet Waldo, Hobart Cavanaugh and Lee Bonnell. lhe story stems from the will of the town's late outlaw chieftain which stipulates that his property go only to ex-convicts who are to compete in a homestead race. The executor of the will is bent on obtaining the property near the water, planning a dam and making the ranchers pay tor irrigation. Holt upsets their plans. Edward Killy directed. Running time, 60 minutes. "G."* Eugene Akneel 44 Pictures Now Shooting; 73 Being Cut Hollywood, Dec. 10. — Forty -four pictures were before the Cameras this week as nine started and eight fin- ished. Twenty-four are being pre- pared, and 73 are in the cutting rooms. With the start of two pictures, M-G-M is the busiest studio, having a total of nine in work. The tally by studio : Columbia Finished: "Martin Eden,'' "Shut My Big Mouth." In Work: "After the Alamo," "Trinidad." Korda (U. A.) In Work: "To Be or Not to Be." M-G-M In Work: "Tortilla Flat" "This Time for Keeps," "Out of the Past," "I'll Take Manila," "Rio Rita," "Mrs. Miniver," "I Married an Angel." Started: "Then There Were Two," "The Courtship of Andy Hardy." Monogram Finished: "Thunder River Feud." Started: "The Man from Head- quarters." Paramount Finished: "I Live on Danger." In Work: "Palm Beach Story," "Take a Letter, Darling," "Holiday Inn," "Mr. and Mrs. Cugat," "My Favorite Blonde," "American Em- pire," "Out of the Frying Pan," "This Gun for Hire." RKO In Work : "Powder Town," "Lum and Abner No. 2," "The Mayor of 44th Street," "The Turtles of Tahiti," "The Magnificent Ambersons." Republic Finished; "The Alan from Chey- enne." In Work : "Pardon My Stripes," "Cowboy Serenade." Started : "Riders of the Sunset Trail," "X Marks the Spot." Roach (U. A.) Started : "Cubana." 20th Century-Fox Finished : "You Can't Always Tell," "Song of the Islands." In Work : "Moontide," "Not for Children," "Tales of Manhattan," "Roxie Hart," "To the Shores of Tripoli." Started : "This Above All," "Rings on Her Fingers." Universal Finished: "Tough as They Come." In Work : "Temporarily Yours." Warners In Work : "In This Our Life," "Larceny, Inc.," "Juke Girl," "Arsenic and Old Lace." Started: "Yankee Doodle Dandy." St. Louis Theatres Leveling Off Prices St. Louis, Dec. 10. — All but three of the 90-odd second and third-run houses in the St. Louis area have ap- proved the plan of leveling-off admis- sions to eliminate mills and pennies. It was indicated the others will ratify the proposal. Fred Wehrenberg said Ben Paulter, owner of the King- Bee Theatre, located in a low-cost housing area in the city, instituted the policy with favorable results. *"G" denotes general classification. Candidates Selected For Exchange Union Philadelphia, Dec. 10. — Candidates for the offices of Local B-7, Film Ex- change Employes Union here for the coming year have been selected. The election will be held Dec. 12. The nominees include : Harry Bache and Ferd Fortunate, president ; Edward Reckafus, vice-president ; James Mc- VYilliams, secretary ; Marie Hause, Marie Tracey, treasurer, and Harry O. Cohan, James Flynn, business agent. Named FPC Director Toronto, Dec. 10. — Howard P. Robinson of St. John, N.B., vice- president of the New Brunswick Tele- phone Co., and executive of other companies has been elected a director of Famous Players Canadian Corp. Defeat Midnight Ban Toronto, Dec. 10. — A proposed by- law to abolish Sunday or holiday mid- night shows at the theatres in Osh- awa, Ont., was voted down six to three by the City Council, the move being opposed by aldermen who de- clared that the late performances formed the only opportunity for war workers and soldiers on weekend leave to enjoy recreation. Stars at Chicago Benefit Chicago, Dec. 10. — Stan Laurel and Oliver Hardy, Allan Jones, Irene Hervey, Humphrey Bogart, Mayo Methot, Joe E. Brown and Jimmy Durante have accepted invitations to appear in person at Chicago's Christ- mas benefit "Night of Stars" program in the Chicago Stadium on Dec. 17, according to Barnet Hodes, execu- tive secretary of the affair. 'Skylark' Hits Good $7,400 Seattle Gross Seattle, Dec. 10. — "Skylark" at tl Paramount drew $7,400 and a un road show on the Palomar stage wit "New York Town" on the scrap drew §6,100. The weather was 0 and rainy. Estimated receipts for the wee ending Dec. 5 : "Birth of the Blues" (Para.) "The Little Foxes" (RKO) BLUE MOUSE— (950) (30c-40c-58c-70c) days, 4th week. Gross: $3,100. (Averag $4,000) "Shadow of the Thin Man" (M-G-M) "The Parson of Panamint" (Para.) FIFTH AVENUE — (2,500) (30c-40c-58 70c) 7 days, 2nd week. Gross: $7,3( (Average, $7,000) "Sundown" (U. A.) "Niagara Falls" (U. A.) LIBERTY— (1,800) (30c-40c-58c-70c) 7 day 2nd week. Gross: $6,900. (Average, $5,0C "International Squadron" ( W. B.) "The Smiling Ghost" (W. B.) MUSIC BOX — (950) (30c-40c-58c-70c) days, 3rd week. Moved from Orpheui Gross: $3,400. (Average, $4,000) "It Started With Eve" (Univ.) "Swing It, Soldier" (Univ.) ORPHEUM— (2,450) (30c-40c-58c) 7 day! 2nd week. Gross: $5,800. (Average, $6,00 "New York Town" (Para.) PALOMAR — (1,500) (20c -30c -40c -50c) days. Stage: "Glamour Girls of 1942! Gross: $6,100. (Average, $5,000) "Skylark" (Para.) "Buy Me That Town" (Para.) PARAMOUNT — (3.050) (30c-40c-58c) days. Gross: $7,400. (Average, $6,000) 'Thin Man' Scores $3,600, New Have, New Haven, Dec. 10.— "Shadow ( the Thin Man" and "Two Latir from Manhattan" at the College, dre $3,600, best on a comparative basis : a week of generally slow business. Estimated receipts for the wee ending Dec. 4 : "Shadow of the Thin Man" (M-G-M) "Two Latins from Manhattan" (Col.) COLLEGE— (1,627) (40c-50c) 7 days, 2i week. Gross: $3,600. (Average. $2,700) "The Men in Her Life" (Col.) 'Texas" (Col.) LOEW-POLI— (3,005) (40c-50c) 7 day- Gross : $8,000. (Average, $8,000) Birth of the Blues" (Para.) "Henry Aldrich for President" (Para.) PARAMOUNT— (2,373) (40c-50c) 7 day 2nd week. Gross: $4,500. (Average, $4,50 "They Died With Their Boots On" (W. B ROGER SHERMAN— (2.076) (40c-50c) days, 2nd week. Gross: $3,800. (Averag. $5,000) 'Thin Man' Omaha Leader With $7,20 Omaha, Dec. 10.- — "Shadows of tl Thin Man" at the Omaha drew $7,20 The weather was blustery and cold. Estimated receipts for week endir Dec. 3-4 : 'Suspicion" (RKO) Unexpected Uncle" (RKO) BRANDEIS— (2,200) (30c-44c) 7 da> Gross: $4,900. (Average. $4,000) "Shadow of the Thin Man" (M-G-M) "We Go Fast" (20th-Fox) OMAHA— (2,000) (30c-44c) 7 days. Gros 57.200. (Average, $6,000) 'Skylark" (Para.) 'Niagara Falls" (U.A.) ORPHEUM — (3.000) (30c-44c) 7 daj Gross: $7,400. (Average, $7,000) "Birth of the Blues" (Para.) 'Great Guns" (20th-Fox) PARAMOUNT— (3,000) (30c-44c) 7 day 2nd week. Gross: $4,100. (Average, $4,0C Sues Ascap on Royalty Vinyou, Inc., assignee of Vincei Youmans, has filed suit in N. Y. Si preme Court for $600,000 damag. against Ascap and Harms. Inc.. f< alleged royalties on songs. lursday, December 11, 1941 Motion Picture Daily P".S. Requests rit in Final Crescent Brief j; Nashville. Dec. 10. — The Govern- J tent's final brief in the Crescent anti- trust case, filed here today, charged U neither United Artists, Universal W^fn Exchanges, "nor any other I rivate group operating under the sys- | Em of free enterprise has any lawful ight to decree that the local inde- I endent operator shall be absorbed by i pe circuit or chain simply because the Hatter form of enterprise offers them greater opportunity to stabilize and ontrol the film business to their ad- vantage." Aim at Competition J: -Continuing, the brief said in part: h they have combined to suppress ompetition, the defendants have learly violated the act and are sub- ject to such an injunction as the court •elieves will make competition possible aid thus give effect to the act insofar r. s this particular struggle for survival ■' •'; concerned. 'The fact that the form of in- '.. auction proposed by the Government nay not be completely effective for uch purposes, due to the presence of ther factors not within the reach of a udicial decree, may be a reason for ejecting that relief in favor of grant- ng other and more effective relief but iOt for declining to grant relief. U' "The most it (an injunction) can ;iO is to provide a better opportunity r?pr competition than heretofore ex- x ;ted. No Choice, Says U. S. «*i "We respectfully submit that until nd unless the industry advocates and ecures for itself legislative recognition . hat it is a business which may render etter service without competition than ifith it. the Government and the courts ave no other choice in enforcing the iherman Act than to compel it to tperate as it claims to operate, that i :, upon a competitive basis." Among the brief's signers were As- ;;i>tant Attorney General Thurman \rnold and Robert L. Wright, in harge of the Crescent prosecution. Fox Wisconsin Sets Series of Lectures M Wilwaukee, Dec. 10. — Early in 1 "ebruary Fox Wisconsin Amusement "orp. will inaugurate a series of lec- ures, one a week for five weeks, at 0 houses in this territory. The lec- ures will conclude with public forums nd it is planned to sell tickets for he entire block lectures. No films ill be shown on the nights of the ' alks. Three Firms Formed Albany, Dec. 10. — Three new con- ems have been formed here. They re : Adro Productions, Inc., by Vrthur Leff, M.D. Bober and Sally Ihlubin, New York: Kafra Theatre "orp., by E. M. Phair, Sylvia Den- 5 nark and Gladys Barnett, New York, . nd Hall-Dell Productions, Inc., by V. E. Jordan, Barclay Shaw and iara Gilbert, New York. Industry Adopts Program As Basis for Trade Unity (Continued from page 1) which also benefited delegates from the interest in its purpose shown by such leaders as Sidney R. Kent, Wil- liam F. Rodgers, Nicholas M. Schenck, Barney Balaban, H. A. Cole, Tom Connors, Abram Myers, Neil Agnew, Abe Montague, Jack Cohn, George J. Schaefer, Joseph Bernhard, Ed Kuykendall, Max A. Cohen, Rob- ert Poole and others. Internal bickerings and outside agi- tations now, leaders believe, can be met by a united industry front. A report of the Ways and Means Committee was submitted to the meet- ing today by T. J. Connors, chairman. Harry Brandt moved for its accep- tance and Fred Wehrenberg seconded. The report was adopted unanimously. It provided for the appointment of a Motion Picture Industry Confer- ence Committee of 26 members, as forecast by Motion Picture Daily yesterday, and specified five main ob- jectives for a unity program. These dealt with taxation, industry defense against outside attack, institutional advertising and good will activities, obtaining priority ratings and concili- ation of internal industry complaints. Name Subcommittees Subcommittees were appointed to work on each of the five points. They follow : Taxation : Cole, Kuykendall, Brandt, Joseph Vogel, Spyros Skou- ras, Schaefer, Harry Kalmine. Industry protection : Sidney R. Kent, Schaefer, Balaban, Poole, Kuy- kendall, Cole, Brandt. Institutional advertising and good- will activities : Heads of advertising and publicity departments of all dis- tributors and Leo Brecher, New York ; Lionel Wasson, Des Moines ; Fred Wehrenberg, St. Louis ; Lewen Pizor, Philadelphia ; Leonard Golden- son, New York ; Pete Wood, Colum- bus ; Don Rossiter, Indianapolis, and Moe Rosenberg, Pittsburgh. Industry priorities : Joseph Bern- hard and members of his existing priorities committee, and Sidney Sam- uelson, Carter Barron, Washington. D. C, and William Crockett, Virginia. The main committee was designated to handle matters of internal industry complaint arising under Point 5. Organizations which were repre- sented at the meeting here are sched- uled to meet separately to ratify the action taken and report to Kirsch. When approvals have been received the MPICC and its subcommittees will begin to function officially. Text of Report Following is the complete report of the Ways and Means Committee: "In the interest of industry unity, this committee conveys to this assem- blage a message of unique importance. It offers a coordination of thought and purpose in that in all of its discussions and debate it found a complete under- standing in every direction. It is a pleasure to report to you that com- Add PRC Salesmen Additions to the sales staff of Pro- ducers Releasing Corp. have been made by Leon Fromkess, executive vice-president. They include: George Caldaus, Los Angeles ; John Mor- phet and Jack Weil, St. Louis, and C. Carpenter, San Francisco. plete harmony prevailed and we earn- estly look forward to the uniting of all interests represented here for unity in the motion picture industry. "With our unanimous approval we present to you the following program outlining a proposal of activities, in- cluding the forming of the Motion Picture Industry Conference Commit- tee. "(1) Coordination of policy and action in reference to taxa- tion. "(2) Coordination of policy and action in protecting the good name and integrity of the industry as a whole. "(3) Formulation of plans for institutional advertising and other goodwill activities. "(4) Protecting the necessary supplies of the industry by se- curing proper priority ratings. "(5) Formulation of a pro- gram providing, if possible, for the adjustment, or modification of the policies or practices of one branch or member thereof which are opposed by any other branch or a substantial portion thereof. "It is the recommendation of this committee that the forming of a Mo- tion Picture Industry Conference Committee shall be constituted as fol- lows : "Five members of Allied States As- sociation. "Five members of the M. P. T. O. A. Amusement Machine Output Cut by OPM Washington, Dec. 10. — Sharp cuts in the production of amusement ma- chines of all kinds were ordered to- day by the Office of Production Man- agement. " For the current month, the output of automatic phonographs and other machines, whether or not coin-oper- ated, will be reduced to 25 per cent below average production in the 12 months ended with last June. The curtailment will be increased to 50 per cent on Jan. 1 and the fol- lowing month to 75 per cent, and will be continued at that level until fur- ther notice. "Five members of independent ex- hibitor groups. "Distributor companies — Columbia, M-G-M, Paramount, Producers Re- leasing Corp., RKO, Republic, Mono- gram, Twentieth Century-Fox, War- ner Bros., United Artists and Uni- versal. "Further, it is the recommendation of this committee that inasmuch as the MPICC is a designated body drawn from the entire industry, it may proceed to set up such rules of con- duct as it may deem proper, and fur- ther, it may appoint such subcommit- tees as it feels may be necessary to carry out to fulfillment this industry's unity program. In the forming of the MPICC your committee took into consideration the all-embracing inter- industry program and recommends that voting power therein be excluded. Unity must be the aim and purpose of the MPICC for the benefit of all." PAYS OFF PICTURE WILLIAM WRIGHT, as Chris, and OSA MASSEN, as Valerie, two spies who hove a lot in common. mm DRAMA OF SPIES AND SABOTAGE AT SEA! J. EDWARD BR0MBERG OSA MASSEN WILLIAM WRIGHT MARGARET TALLICHET ABNER B1BERMAN JOHN H. AUER— Director Screen play by Lawrence Kimble and Malcolm Stuart Boylan Original story by George Worthing Yates and Julian Zimet Buy, U. $. defense Bond* MOTION PICTURE DAILY'S BOOKING CHART WARNERS Blues in the Night (D) 110 Priscilla Lane Betty Field (1941-42) The Body Disappears (C) 111 Lynn-Wyman (1941-42) Steel Against the Sky (D) 112 Alexis Smith (1941-42) i uu re in me Army Now (C) 113 Jimmy Durante (1941-42) They Died With Their Boots On (D) 114 Errol Flynn (1941-42) All Through the Night (D) 116 Bogart-Veidt (1941-42) UNIVERSAL | Moonlight in Hawaii (C) Quiet Wedding (C) ( 1941-42) Keep 'Em Flying (C) Abbott-Costello (1941-42) Sealed Lips (D) William Gargan (1941-42) The Wolf Man (D) Claude Rains (1941-42) Melody L,ane (C) Road Agent (D) (1941-42) Hellzapoppin' (C) Olsen-Johnson (1941-42) Don't Get Personal (C) Hugh Herbert (1941-42) Jail House Blues (C) Robert Paige (1941-42) Paris Calling (D) Randolph Scott (1941-42) North to the Klondike (D) Brod. Crawford (1941-42) Treat 'Em Rough (C) Eddie Albert (1941-42) < Miss Polly (C) (Streamliner) Zasu Pitts ( 1941-42) Fiesta (M) Armida (Streamliner) (1941-42) Hayfoot (C) (Streamliner) Love on the Dole (D) (1941-42) Corsican Brothers (D) Dudes are Pretty People (C) (Streamliner) (1941-42) Twin Beds (C) Joan Bennett George Brent (1941-42) 20TH-FOX I Wake Up Screaming (D) 216 Grable-Landis (1941-42) Rise and Shine (C) 219 Jack Oakie Geo. Murphy (1941-42) Cadet Girl (D) 220 Marry the Boss' Daughter (C) (1941-42) Swamp Water (D) 218 Huston-Brennan (1941-42) Confirm or Deny (D) 222 Don Ameche Joan Bennett (1941-42) Perfect Snob (C) 223 Lynn Bari Cornel Wilde (1941-42) How Green Was My Valley (D) 224 (1941-42) Remember the Day (D) 226 Colbert-Payne (1941-42) Blue, White and Perfect (D) 227 Lloyd Nolan (1941-42) Gentleman at Heart (C) 228 Romero-Landis (1941-42) Right to the Heart (D) 229 Brcnda Joyce (1941-42) Son of Fury (D) 230 Tyrone Power Gene Ticrney (1941-42) RKO RADIO Suspicion (D) 208 Cary Grant Joan Fontaine (1941-42) Look Who's Laughing (C) Edgar Bergen McGee & Molly ( 1941-42) Mexican Spitfire's Baby (C) Errol-Velez (1941-42) Dude Cowboy (O) 282 Weekend for Three (C) 211 (1941-42) Playmates (C) 212 Kay Kyser Band J. Barrymore (1941-42) REPUBLIC Sierra Sue (O) 143 Gene Autry (1941-42) Missouri Outlaw (O) 173 Don Barry (1941-42) Tuxedo Junction (D) The W eavers Frankie Darro (1941-42) Red River Valley (O) 152 Roy Rogers (1941-42) West of Cimarron (O) 163 3 Mesquiteers (1941-42) Mr. District Attorney in the Carter Case (D) (1941-42) Arizona Terrors (O) 174 Don Barry (1941-42) Man From Cheyenne (ON Roy Rogers (194J-42) Pardon My Stripes (D) William Henry (1941-42) Cowboy Serenade (O) Gene Autry (1941-42) PRC Miracle Kid 213 (D) Vicki Lester (1941-42) Swamp Woman 230 (D) Ann Corio (1941-42) Billy the Kid's Round-Up (O) 258 (1941-42) Law of the Timber (O) 215 Monte Blue (1941-42) Blonde Comet (D) 116 Robert Kent (1940-41) Texas Man 1 Hunt (O) 251 Bill Boyd (1941-42) Lone Rider and Bandit (O) 263 Girls' Town (D) 202 (1941-42) Duke of the Navy (D) 206 Ralph Byrd (1941-42) Today I Hang (D) 214 Mona Barrie (1941-42) PARA. Skylark (C) 4107 Colbert-MiUand (1941-42) Night of January 16 (D) 4106 Preston-Drew (1941-42) Glamour Boy (C) 4110 Jackie Cooper (1941-42) Among the Living (D) 4108 Albert Dekker (1941-42) Louisiana Purchase (M) Hope-Zorina (1941-42) 3 MONO. Underground Rustlers (O) Range Busters (1941-42) I Killed That Man (D) Ricardo Cortez (1941-42) Borrowed Hero (D) Lone Star Law Men (O) (1941-42) Riot Squad (D) R. Cromwell (1941-42) Boy of Mine (D) John Boles (1941-42) Forbidden Trails (O) Here Come the Marines (D) (1941-42) Freckles Comes Home (D) Johnny Downs (1941-42) Thunder River Feud (O) Range Busters (1941-42) ;] M-G-M The Chocolate Soldier (M) 208 Eddy-Stevens Unholy Partners (D) 209 Ediv. G. Robinson Shadow of the Thin Man (D) 210 Powell-Loy Two-Faced Woman (C) 211 Garbo-Douglas H. M. Pulham, Esq. (D) 212 Hedy Lamarr Y oung-Hussey Kathleen (D) 215 Shirley Temple Herb. Marshall Design for Scandal (C) 213 Rosalind Russell Walt. Pidgeon Tarzan's Secret Treasure (D) 214 J. W eissmuller M. O'Sidlivan COLUMBIA Secrets of the Lone Wolf (D) Warren William (1941-42) The Men in Her Life (D) Loretta Young Conrad Veidt (1941-42) Go West Young Lady (C) P. Singleton (1941-42) Sing for Your Supper (C) Buddy Rogers (1941-42) Honolulu Lu (D) Lupe Velez (1941-42) Harvard, Here I Come (C) Riders of the Badlands (O) r 1041-471 Bedtime Story (C) Fredric March Loretta Young (1941-42) 2 ^ W U") Q i <^ 8 On Q * Q N § ON. >-> s fi CO fi o « CO hursda>. December 11. 1941 Motion Picture Daily 11 Flying' Gets Big $33,500, Los Angeles Hillstreet town's lead- 200 British Houses Have Reopened in Year: Rose Los Angeles, Dec. 10.— "Keep 'Em Flying" coupled with "South of Ta- i.iti" grossed a total of $33,500 at the linages and the RKO Meatres to become the 1?g business getter. | Estimated receipts for the week end kg Dec. 3 : "Swamp Water" (20th-Fox) "Great Guns" (20th-Fo-x) CHINESE — 12,500) (33c-44c-55c-75c) 7 i v. Gro«: $11.C00. (Average. S12.000) A.U That Money Can Buy" (RKO) 4 STAR— V*M) (44c-55c> 7 days, 2nd week, jbross: $6,000. (Average, $3,250) , 'Citizen Kane" (RKO) i HAWAII— (1.100) (33c-44c-53c-/5c) 7 days, Ptta week. Gross: $6,000. | 'Keep 'Em Flying" (Univ.) , 'South of Tahiti" (Univ.) , HILLSTREET— (2.700) (33c-44c-5dc-oc) 7 Jays. Gross: $17,500. (Average: $6,300) Swamp Water" (20th-Fox) 'Great Guns" (20th-Fox) LOEWS STATE-(2,700) (33c-44c-55c-/=c) I davs. Gross: $16,000. (Average, $14,000) "Keep 'Em Flying" (Univ.) "South of Tahiti' (Univ.) PWTAGES — (3,000) (33c-44cooc-/3C) 7 days. Gross: $16,000. (Average, $7,000) "Skylark" (Para.) "Glamour Boy" (Para.) . PARAMOUNT— (3.595) (33c-44co3c-7ac) 7 days. "Skylark," 2nd week. Stage: Skinnay Ennis. Gross: $15,000. (Average, IS! $.000) The Maltese Falcon" (W.B.) Target For Tonight" (W.B.) W \R\ER BROTHERS (HOLLYWOOD) >000) (33c-44c-55c-75c) 7 days, 2nd week. Iross: $13 800. (Average. $14,000) The Maltese Falcon" (W.B.) Target For Tonight" (W.B.) _^,,rxTX WARNER BROTHERS (DOWNTOWN) -.400) (33c-44c-55c-75c) 7 days. 2nd week. Iross: $14,300. (Average, $12,000) 'Partners,' Show High in Milwaukee Minneapolis, Dec. 10. — "Unholy Partners," coupled with a stage show, crossed $14,000 at the Orpheum, "Shadow of the Thin Man" getting $9,500 at the State. Estimated receipts for the week i ending Dec. 5 : ' Parachute Battalion" (RKO) GOPHER— (998) (28c) 7 days. Gross: $2,800. (Average, $2,500) "Major Barbara" (U.A.) WORLD— (350) (28c -39c -44c -55c) 7 days, 2nd week. Gross: $1,800. (Average, $1,600) "Skylark" (Para.) „ , CENTURY— (1.600) (28c-39c-44c) 7 days, 2nd week. Gross: $5,000. (Average. $4,000) "Shadow of the Thin Man" (M-G-M) STATE— (2,300) (28c-39c-44c) 7 days. Cross: $9,500. "Unholy Partners" (M-G-M) ORPHEUM— (2,800) (28c-39c-44c-55c) 7 r ivs. On stage, Lawrence Welk and or- chestra. Dean Murphy, the Sellers. Gross: $14,000. (Average, S5.50O) "This Way Please" (RKO) 4 days "Ruggles of Red Gap" (Para.) 4 days "Lady Scarface" (RKO) 3 days ' Stork Pays Off" (Col.) 3 days ASTOR— (900) (17c-28c) 7 days. Gross: $1,700. (Average, $1,800) (Continued from page 1) untarily because of population evacua- tions and the establishment of re- stricted areas. Theatre business continues "excep- tionally good" in Britain, Rose re- ported! but added that it is now ex- periencing a seasonal decline due to shorter daylight periods and earlier blackouts. Action Expected Soon The Paramount official said that in the very near future he believes the British Treasury may take action to eliminate all restrictions on remit- tances of the film companies' revenue. While admitting that he has heard of no official consideration given the matter in London, Rose said British officials concede that films are essen- tial to national morale and believes more favorable currency treatment will be accorded the distributors for that reason. Rose pointed out that with the United States now in war this nation has an equal need for currency and that the British restrictions now in force constitute a measure which this country would not employ against England even as a war move. In addition to a shortage of techni- cians, players and materials, he said, studio space is severely limited. Res- ervations must be made for stages far in advance and there is no guarantee that they will be available even then, Rose said. 'Hatter's' Over Budget Paramount recently completed "Hat- ter's Castle" in England in 13 weeks instead of a scheduled seven, and at 60 per cent over budget, due to the difficult conditions. . The company plans to make "Quiet Weekend" next but has been advised that no studio space will be available before next April. Rose plans to be in this country about six weeks and will spend most of the time on the Coast. N.Y. Showmen to Get Air Raid Instruction (Continued from page 1) of circuit home offices and the Com- missioner's office in this regard. Meanwhile, Governor Lehman yes- terday ordered immediate test black- outs in all cities in New York State. This, however, does not apply to New York City, which, it is said, is under separate jurisdiction, but plans for a blackout here are being rushed. All outside illumination at places without night watchmen has been banned. In his order, Governor Lehman in- formed mayors of all municipalities that advance notice of the blackouts should be given to the people through the radio and press. Raftery Is Active President of U.A., Selznick Declares (Continued from page 1) definitely set for that cast at this time. Dorothy McGuire will play "Claudia" no matter when that film is produced, he said. Selznick stated Mary Pickford plans one picture a year and that Charles Chaplin has promised to start a new picture within the next few months. Selznick was accompanied by his wife, Mr. and Mrs. Mervyn LeRoy and Myron Selznick. He will attend a meeting of United Artists owners in Hollywood on Friday. War News Continues To Reduce Grosses Additional reports from the field of the effect of constant radio war bulletins on theatre grosses indicate heavy losses. In the Minneapolis area it was reported grosses were off in some cases as much as 75 per cent, with the average drop estimated at 50 to 60 per cent, although bad weather was partly responsible. Grosses in Cleveland were reported to have fallen off heavily at almost all theatres. Grosses Monday and Tuesday were more seriously affected than on Sunday. Los Angeles reported grosses off up and down the Coast. One San Fran- cisco neighborhood operator was re- ported saying that he had two patrons during Monday's blackout. Sears Says 'Gesture' May Be Roadshowed Hollywood, Dec. 10. — Gradwell Sears, U.A. general sales manager, said today following a screening of "Shanghai Gesture" that the film might be roadshowed in January in about 25 key cities before general release. Alexander Korda will give a lun- cheon for Sears tomorrow to which all company owner-members and ex- ecutives have been invited. Hamilton Sets Dividend Toronto, Dec. 10. — Hamilton United Theatres, Ltd., now a subsidiary of Odeon Theatres of Canada, Ltd., has declared its first dividend under the new auspices, a payment of \lA per cent on the outstanding preferred shares for the quarter ending Dec. 31. Take Fort Lee House Peter and Lillian Kriev are the new operators of the Fort Lee, Fort Lee, N. J. 'Blues' at $9,800 Indianapolis High Indianapolis, Dec. 10. — "Birth of the Blues" and "Among the Living" took $9,800 at the Indiana in a mod- erately good week. Estimated receipts for the week ending Dec. 4 : "One Foot in Heaven" (W. B.) "Nine Lives Are Not Enough" (W. B.) CIRCLE — (2.800) (28c-33c-44c) 7 days. Gross: $7,200. (Average. $6,500) "Birth of the Blues" (Para.) "Among the Living" (Para.) INDIANA — (3.2C0) (28c-33c-44c) 7 days. Gross: $9,800. (Average. $7,000) "Two-Faced Woman" (M-G-M) "Down in San Diego" (M-G-M) LOEW'S — (2.800) (28c-33c-44c) 7 days. Gross: $8,700. (Average. $8,000) "Keep 'Em Flying" (Univ.) "Mob Town" (Univ.) LYRIC— (2.000) (28c-33c-44c) 7 days, 2^ week. Gross: $5,000. (Average, $4,500) Mono. Sells 134 Houses Hollywood, Dec. 10. — Monogram has announced the addition of 134 the- atres to the total of its accounts, with deals closed for new season product with the following circuits : Ever- green, Lichtman Associated Theatres, Crescent Amusement and Rockwood Amusement Co. 'Heaven' at $9,800 Kansas City Gross Kansas City, Dec. 10. — "One Foot in Heaven" and "The Gay Falcon" drew $9,800 at the Orpheum. "Swamp Water" took $4,500 at the Esquire and $6,500 at the Uptown. Estimated receipts for the week ending Dec. 3-4 : "Swamp Water" (20th-Fox) ESQUIRE— (800) (30c-44c) 7 days. Gross: $4,500. (Average, $2,200) "Two-Faced Woman" (M-G-M) "Down in San Diego" (M-G-M) MIDLAND— (3,600) (30c-44c) 7 Gross: $9,000. (Average, $8,500) "Birth of the Blues" (Para.) NEWMAN— (1,900) (30c-44c) 7 days, week. Gross: $7,000. (Average, $7,000) "One Foot in Heaven" (W.B.) "The Gay Falcon" (RKO) ORPHEUM— (1,900) (30c-44c) 7 days Gross: $9,800. (Average. $5,000) "Moonlight in Hawaii" (Univ.) TOWER— (2,200) (30c) 7 days. Stage: Hawaiian Follies. Gross: $7,000. (Average. $6,000) "Swamp Water" (20th-Fox) UPTOWN— (2,000) (30c-44c) 7 days. Gross: S6.500. (Average, $4,000) "Her First Beau" (Col.) MAINSTREET— (3,500) (28c-44c) 7 days. Stage: "Manhattan Merry-Go-Round Gross: $4,500. days. 2nd Reverts to Single Bills Cincinnati, Dec. 10.— The 1,400 seat RKO Lyric, after three unsuc cessful weeks of double features at 28 and 40 cents, has reverted to its former move-over single bill policy at its previous scale of 28, 33 and 42 cents. 'Corsican' Opens In Capital Dec. 18 "The Corsican Brothers," Edward Small production for United Artists release, starring Douglas Fairbanks, Jr., will have its premiere at Loew's Palace in Washington on Dec. 18, U. A. announced yesterday. Leading capital figures are ex- pected to attend the opening, and plans call for a dinner and reception. The picture is set for a two-week run at the Palace. The film is slated to open in Loew houses in at least nine cities on Dec. 24. Steam Named U. A. Western Sales Head (Continued from page 1) manager of the district comprising Pittsburgh, Cleveland, Cincinnati and Indianapolis. Leserman stated that Steam's ap- pointment follows a long-established United Artists policy of making pro- motions, wherever possible, from within the ranks. Named Phila. Booker Philadelphia, Dec. 10. — Harry E. Weiner, Columbia branch manager, announces the appointment of Joseph Flood as new booker, now giving the local exchange four. Flood had been associated with various local indepen- dent exchanges. To Entertain Shut-ins Des Moines, Dec. 10. — The seventh annual theatre party for shut-ins given each year before Christmas by theatre men of the city is to be held at Tri- States' 1,600-seat Paramount on Saturday. Lou Levy, Universal manager, is general chairman. Mono. Peru Deal Set Norton V. Ritchey, vice-president in charge of Monogram foreign opera- tions, has advised the home office from Peru that he has closed a deal for Amauta Films of Lima to distribute Monogram product in Peru. 12 Motion Picture Daily Thursday, December 11, 194 j Defense Board Takes Over Radio Control Off the Antenna FOR the past three weeks, it was learned yesterday, the Westinghouse 50,000-watt short-wave station in Boston, WBOS, has been carrying the entire program of NBC short wave, with the exception of two hours. Since NBC has two 50,000-watt transmitters of its own, WRCA and WNBI, there are now three top power stations beaming out the same programs simultane- ously. • • • Purely Personal Stan Lomax, WOR sportscaster, yesterday was reelected to the board of directors of the Basketball Writers Association. Lomax is the only radio member of the organization, as he is of the Football Writers Association and Baseball Writers Assocation. . . . Sophie Tucker will be guest of Adrienne Ames on WHN at 7 tonight. Desi Arnez and Lucille Ball will be Miss Ames' guests Saturday. • • • The debut of the Barrymore name on television will take place Monday when Ethel Barrymore will read the Bill of Rights over the CBS station. • • • George J. Vogel, general manager of KZRM-KZRF, the CBS outlet in Manila, now in town for a visit, reveals that listening posts had been receiving misleading weather reports from the Japanese radio since last July. The nature of the reports was discovered in August. The network, up to a late hour yesterday, was still checking to determine the whereabouts of Cecil Brown, Manila correspondent, who was reported to have been on H. M. S. Prince of Wales when sunk. • • • Program News:i?. /. Reynolds Tobacco Co. has renewed the Xavier Cugat programs over NBC short-wave station, WRCA, and the Westinghouse short wave outlet, WBOS, Boston. The renewal is for 13 weeks, effective Jan. 15. . . . J. B. Williams Co. has renewed "True or False" for an additional 13 weeks over 63 NBC-Blue stations, effective Jan. 15. • • • More About Correspondents: Martin Agronsky, NBC Ankara corre- spondent, has been transferred to Singapore. . . . Howard K. Smith, until this week CBS Berlin correspondent, is now in Berne, Switzerland, and will broadcast from there. . . . William L. Shirer, another former CBS correspondent in Berlin and now a commentator here, yesterday became the father of a daughter. War Power Is Exercised By Roosevelt (Continued from page 1) emy raiders ; enables the board to regulate the operations of stations more closely from a defense stand- point, if necessary, and permits the board to turn stations over to the Army or Navy if such action is re- quired. The board's operations under the order will be conducted through the Federal Communications Commission. James L. Fly, FCC chairman, is also head of the DCB. No Immediate Plans Fly said after the issuance of the President's order that there are no immediate plans to take over private broadcasting facilities. Neville Miller, president of the Na- tional Association of Broadcasters, yesterday urged all stations not to create any unnecessary alarm. Meanwhile, following four hectic days of 24-hour emergency broad- casting, stations all over the country moved to prepare for actual war time conditions. Commercial program schedules were still in the discard, for the most part, and news was crowding almost everything else off the air. In New York, preparations were made to organize definite schedules for the broadcasting of alert, air raid and all clear signals. Texts were written for announcers in the event the signals are to be broadcast. Calm- ness and speed will be stressed. On the West Coast, arrange- ments have been made for the highest powered station on the lowest wave length to act as beacon for air raid signals. All other stations in the area are to monitor this beacon station and leave the air when the beacon station does. This system was followed in the early days of radio when all stations went off the air during an SOS. A false air raid alarm in Los An- geles caused radio stations to black out for 40 minutes at 12:20 P.M. yesterday. Notices on WNYC WNYC will be the first to receive instructions in this area when signals are to be sounded and will be the originating station for special notices to the civilian population. These will include police department requests, in- formation to parents of school chil- dren, addresses by city officials and Mayor LaGuardia in his capacity as civilian defense director and the like. WNEW, WMCA and WHN have installed direct lines to WNYC so that an announcement from the latter station can be carried simultaneously over the other stations. NBC pre- viously had a line to WNYC which was used for feeding network special events to the municipal station on occasion. Extra guards were placed at trans- mitters yesterday and CBS decided to restrict studio audiences to those originating outside its main building here. NBC discontinued taking visitors on the studio tour to the engineering floor, although the rest of the tour was continued. In Cincinnati, Cros- ley Corp., operators of WLW and WLWO, asked civil aeronautics offi- cials to declare Mason, O., a restricted area for air traffic. Mason is the site of WLW's 500,000 watt experimental transmitter, and WLWO's 75,000 watt international short wave trans- mitter. Ticker on Television NBC television placed a camera directly in front of an AP news ticker and carried it over the air as it was received. Increased emphasis was placed on civilian defense training classes. As for network operations, NBC declared that it was operating under "self-imposed censorship" and that only officials alerts and air signals would be broadcast. In a message read over the combined Red and Blue, it was urged that listeners re- frain from telephoning the networks or official agencies and use the radio for verification of reports. At the same time, John F. Royal, NBC vice- president in charge of international relations, declared that short wave operations would continue free of propaganda. Mutual announced that arrangements had been made for its Manila correspondent, Royal Arch Gunnison, to broadcast twice daily, with the Navy censoring his scripts. Operation on a 24-hour basis will continue as long as news reports war- rant continuous broadcasting, it was said, with CBS stating definitely that it would continue day and night at least until the end of the week. CBS set up a special news department in San Francisco. Robert A. Catherwood, WWRL general manager, sent wires yester- day to defense agencies urging that lew-powered stations be used to broadcast air raid alarms after mid- night. He said the stations would remain off the air but would go on immediately if needed. Thus, a civilian cculd sleep undisturbed but, if his set were turned on, would hear an alarm immediately. RCA Votes Dividends RCA has declared dividends of 875^ cents on first preferred, $1.25 on "B" preferred and 20 cents on common. Preferred dividends are payable Jan. 1 to holders of record on Dec. 18. The common dividend is payable Jan. 28, to holders on Dec. 19. Heads Mexico Producers Mexico City, Dec. 10. — Fernando de Fuentes has been elected president of the Association of Mexican Pro- ducers. Directors are : Raphael Se- villa, Maricio de la Serna, Santiago Reachi, F. Carrideo and Salvador Elizondo. Broadcasters Boost Defense Bonds Sale Washington, Dec. 10. — Broadcasters have thrown themselves whole - heartedly into the advertising of de- M fense bonds since the out-^»! break of the war, it was dis« I closed today by Treasury De-^l partment officials. Vincent Callahan, chief of j the Radio Section of the De- fense Savings Division, re- vealed that hundreds of tele- grams and letters have been received from broadcasters this week, pledging their fullest cooperation in financ- ing the war. Many made sug- gestions for promotion which are now being studied with a view to the adoption of any found feasible. FDR Air Audience Rated All Time Higli (Continued from page 1) all persons reached by telephone ail home for an interview yesterday re- ported having heard the address. Hooper, which conducted its sur-j vey while the speech was still on the air, gave the speech a rating of 7S per cent, an all-time high whictfl topped the previous record of 70 pei cent set by the President's unlimitec : emergency speech last May. The Hooper survey declared that 92.4 per cent of all persons reached replied that they were listening. The differ- ence between the 79 rating and the 92.4 percentage figure is explained by the fact that some persons did not, answer the phone and were therefore catalogued as not listening. Philco Television Executives Shiftea Philadelphia, Dec. 10. — Reorgan- ization of WPTZ, Philco television station here, places David Grimes, chief engineer, as general manager in, charge of both the engineering and program departments. C. J. Bingley, who had been a key man in the tele- vision engineering department, is the new station manager, acting as co- ordinator between the engineering and program department. B. R. Herr. Philco executive who serves in vari- ous capacities as "trouble shooter," will be the program manager tem- porarily until the position is filled. Increase in Power Authorized by FCC Washington, Dec. 10. — Station WQAM, Miami, has been authorized by the FCC to increase its day power from 1,000 to 5,000 watts. The commission ordered hearings! on the competing applications of Broadcasters, Inc., San Jose, Cal.;| the San Jose Broadcasting Co., San Jose, and Luther E. Gibson, Vallejo, I Cal., for new 1,490-kilocycle, 250- watt stations, and General Broadcast- ing, Inc., Miami, for a new 1,140- ! kilocycle, 5,000 watt station. Alert, to the Picture Industry tion MOTION PICTURE DAILY First in ^L. 50. NO. q&: m Study Radio Procedure in Raid Alarms NEW YORK, U.S.A., FRIDAY, DECEMBER 12, 1941 TEN CENTS Lisbon Routes Are Closed By New War Declarations Military Officials Seek To Prevent Panic Army and Navy officials here are working on plans to prevent panic or hysteria in the event of air-raid alarms over radio stations, it was revealed yesterday by Admiral Adolphus Andrews, naval com- mandant of the district. Admiral Andrews will confer with Lt. General Hugh Drum, head of the Army second corps area, and all sta- tions will be instructed how to pro- ceed. There has been considerable criticism of the manner in which the test alert on Tuesday was handled, it was pointed out, and efforts will be made to prevent repetitions. Meanwhile, Joseph Lang, W HOM general manager and head of a group of foreign language stations in the metropolitan area, made arrangements (.Continued on page 7) Studio Union Talks May Return to N.Y. Hollywood, Dec. 11. — Negotiations of new individual agreements with eight of the 10 IATSE studio locals may be returned to New York if it is found that procedure would hasten agreements, Richard Walsh, IA presi- dent, stated here today. Walsh reiterated that the I A studio locals will continue to exercise com- plete autonomy and that the Interna tional itself will not reenter the studio basic agreement. While lending the International's (Continued on page 2) Three Theatres in Yorkville Are Shut Yesterday's declaration of war against the United States by Germany and Italy brought swift repercussion here in the almost immediate closing of three film houses in Yorkville. the German section of New York. The three houses, the Casino, the Garden and the 96th Street Theatre, shut their doors as tenseness swept through Yorkville. It is understood the theatres may attempt to reopen with American films. Their business in recent weeks has been off because of the lack of (Continued on page 4) Declarations of war by Germany and Italy against the United States has shut off the mid-Atlantic sea and air routes to and from Lisbon, which have been used by industry executives between here and London, and for many film shipments. The New York-Lisbon passage was the only European run permitted under this country's neutrality law. Foreign department officials believe that air and sea passage to and from Britain will be reestablished promptly over the North Atlantic route. Ac- commodations will be available, they believe, for both passengers and film shipments. Spanish and Portuguese vessels may continue the New York to Lisbon run for the time being. The American Export Line, only L'nited States line operating between (Continued on page 6) Loew to Ask Minn. Escape Next Week Loew's will make application to Federal Judge Henry W. Goddard early next week for an exemption from the sales provisions of the con- sent decree to permit it to resume selling in Minnesota under the state anti-block-of-five law, it was learned yesterday. In doing so, the company will fol- low the same procedure as did the other four consenting companies when confronted with the Minnesota law. The Loew's application will be filed as soon as the necessary legal papers (Continued on page 6) Weigh Closing of 40 Frisco Houses San Francisco, Dec. 11. — The possibility of closing the 40 neighborhood houses in the Golden State and San Fran- cisco .circuits here is being discussed by officials, because of the depletion of attendance due to nightly blackouts. Last night's business was much better but still 50 per cent off normal. The circuits have decided to remain open through the weekend to de- termine if it would be worth while to stay open. Coast Studios On Day Shifts For Blackouts U.S. Making Last Effort on Little 3 Trial What is believed by industry at- torneys to be a last attempt by the Department of Justice to obtain a trial of the Government anti-trust suit against United Artists, Universal and Columbia prior to the decree es- cape clause deadline of June 1, 1942, was launched by the department here yesterday. The Government gave notice that it would seek an order to restore the (Continued on page 4) Ordered on 8 to 5 Work Schedule Dec. 15 Hollywood, Dec. 11. — All Hol- lywood studios tonight were or- dered effective Dec. 15 to go on an 8 A.M. to 5 P.M. daylight shift in order to give workers time to re- turn to their homes for blackouts. This was decreed at an emergency session of the Association of Mo- tion Picture Producers as part of a program designed for protection of employes and studio properties. All studio equipment and facilities were placed at the disposal of the War Department in conferences with Lieut. Col. Richard T. Schlosberg, of the Army Signal Corps, who returns to Washington tomorrow. Studio managers met earlier today to discuss reorganization of studio (Continued on page 4) Variety Clubs Aid Industry, National Chiefs Tell Ampa By SHERWIN A. KANE The charitable work of the Variety Clubs throughout the country have benefited the industry in many im- portant respects, despite the fact that they have not been intended to do so, Robert J. O'Donnell of the Interstate Circuit, Dallas, told the Ampa lunch- eon meeting yesterday at the Hotel Edison. The meeting was a testimonial to the Clubs and their leaders. Hon- ored were John H. Harris of Pitts- burgh, national Chief Barker, and O'Donnell, who is national assistant Chief Barker. O'Donnell said he would like to see (Continued on page 4) Woolf New Head of British Producers London, Dec. 11. — The British Producers Association today appoint- ed C. M. Woolf as chairman, replac- ing Major F. W. Baker. The appoint- ment is in line with the organization's new constitution and plans for a more vigorous policy. At a meeting on Monday with non- member producers, . the production situation will be studied, with a view to seeking Government assistance, with the backing of the Films Coun- - -(Continued on page 6) War Brings Slash In BVay Grosses The war has had a disastrous effect on theatre business along Broadway. After bringing in fairly substantial grosses over the weekend, all films played to the poorest business in months, Monday through yesterday. At the Radio City Music Hall, "Sus- picion," with the stage show, which had an estimated $50,000 weekend, fin- ished its third week with an estimated (Continued on page 6) Defense Committee Meets Here Today The industry committee co- operating for national defense is scheduled to meet here to- day to discuss arrangements for placing the organization on a war footing. George J. Schaefer is chair- man of the committee and Francis Harmon of the MPPDA is coordinator. Its members represent every branch of industry activity. Arrangements for gearing the organization for whatever wartime services it may be called upon by the Govern- ment to perform are expected to be made at the meeting. 2 Motion Picture Daily Friday, December 12, 1941 Personal Mention A M. BOTSFORD is scheduled to • leave for the Coast today. Anast Natopolous, Paramount theatre associate in Pennsylvania, vis- ited the Paramount home office yes- terday. Robert M. Weitman and Harry Kalcheim of the New York Para- mount Theatre were in Boston yes- terday. John Springer, publicity director of the Auditorium in Rochester, has been visiting here this week. • Mort Singer is in town. Leon Netter left for Charlotte yes- terday. • James Keefe, manager of the State Theatre, Spokane, Wash., is the father of a son, born to Mrs. Keefe this week. Kathryn LaValle of the Republic- New Haven staff has announced her recent marriage to Gregory Codomo of Newark. She will resign to live in Florida. NEW YORK THEATRES RADIO CITY MUSIC HALL 50th St. &. 6th Ave. LORETT A YOUNG "THE MEN IN HER LIFE" A Columbia Picture ON STAGE : "DO YOU REMEMBER" — Rus- sell Markert's bright colorful revue. Symphony Orchestra under the direction of Erno Rapee. 1st Mezzanine Seats Reserved Circle 6-4600 BING MARY CROSBY MARTIN in Paramount's "BIRTH OF THE BLUES" IN PERSON ORRIN TUCKER and Band featuring WEE BONNIE BAKER PARAMOUNT TIM SQUARE Jack George Milton OAKIE • MURPHY • BERLE Linda Walter DARNELL • BRENNAN 'RISE and SHINE' PLUS A BIG nS*\V V 7th Ave STAGE SHOW ROAT & 50th St. PALACE B WAY & 47th St. "WEEKEND IN HAVANA" Carmen Miranda— Alice Faye and 'CADET GIRL' 20th Century-Fox presents "HOW GREEN WAS MY VALLEY" United B| VAI I Broadway Artists ■» I ▼ W L I at 49th St. Continuous Pop. Prices. Midnight Shows What to Do When the Air Raid Alarm Sounds OFFICIAL air raid warnings sounded by sirens on fire appar- atus will consist of a long blast fol- lowed by a short blast repeated for about five minutes. The all-clear sig- nal consists of a series of short blasts sounded for about five minutes. The things to do when the signal sounds follow : IN CASE OF AN ALARM Above all, keep calm. Don't create panic. Get off the streets, but don't run ; walk. If five minutes from home, go there. If at home, stay there. Home is the safest place. Don't mingle with crowds. If more than five minutes from home, seek shelter in the center position of nearest building. Avoid top and lowest stories of build- ings. Stay away from windows and outside walls. Avoid elevators. Mo- torists should park cars and seek shel- ter. Stay out of subways. They are not safe. Put out lights. Avoid use of telephone, and again remain calm. IN CASE OF A RAID In case of a raid, shut off all gas ranges, heaters and furnaces. Turn off pilot lights. Fill bathtubs and buckets for use of firemen if mains break. Go to room with fewest win- dows and lie down. Keep radio turned on. Leave at least one window open. If incendiary bombs fall, spray water on them. Never use splash or stream of water, as the bomb will explode. Bomb will burn 15 minutes if left alone, only two minutes if sprayed. Don't use a chemical fire extinguisher on bombs. Cooperate with air raid wardens. Obey instructions. ABOVE ALL, KEEP CALM. Duties of civilians are as vital to the country's welfare as are those of the armed forces. Obey these instructions carefully. Don't get excited. Your safety as well as that of your family, your fellow workers, may deepnd on how you act. ALWAYS HAVE THESE INSTRUCTIONS WITH YOU Studio Union Talks May Return to N.Y. (Continued from page 1) weight to the negotiations of the IA locals under way with the studios, Walsh has not taken complete charge of the talks with producers, and is acting, it was stated, only upon the eight locals' request for assistance. They were unable to conclude agree- ments in their individual negotiations in New York last September and have made slight progress since the talks were resumed here several weeks ago. Walsh and Louis Krouse, Interna- tional secretary, said that something may be done shortly on the jurisdic- tional dispute between Photographers Local 659 and the American Society of Cinematographers. They are studying that situation. News Is Piped to Cincinnati Houses Cincinnati, Dec. 11. — WCPO, Scripps Howard station here, oper- ated by the Cincinnati Post, has com- pleted arrangements with nine local suburban theatres to pipe its 9 P. M. news broadcasts to the theatre audi- ences via loudspeakers. War Cancels USO Show for Iceland The troupe of players who were to depart this week to entertain soldiers in Iceland under the sponsorship of USO-Camp Shows, Inc., were notified by the War Depart- ment yesterday that the show has been cancelled because of the war. The announcement was made by Eddie Dowling, head of the organization. WB 16-Week Sales Drive Starts Dec. 16 Warners has set a "Vitagraph Drive of Champions" sales campaign for the 16-week period from Dec. 16 to April 11, with the Warner field forces competing for cash prizes, the company announced yesterday. The prizes will be distributed among the four winning district managers and the 10 branches making the best show- ing. A. L. Schwalberg is drive cap- tain, with the drive under the leader- ship of Ben Kalmenson, general sales manager. Newsreel Parade PRESIDENT ROOSEVELT'S X address by radio to the nation promising that the war will be won, but warning that it ivill not be easy, is, of course, the newsreel highlight of the weekend issues. Other mate- rial is for the most part related to the war situation. The contents: -Jm t MOVIETONE NEWS, No. 28— RooseiM addresses the nation. Army and Navy en listments soar. Plane factory opens in Columbus. New plane wing tested in Cali- fornia. Landing maneuvers at Fort Lewis, Washington. Soviet Ambassador arrives. Buenos Aires warehouse burns. New type lifeboat demonstrated in Seattle. Beauty parade in Miami. Attorney General out- lines alien policy. Baby deer found in Washington, D. C., street. Six-year-old is champion bowler. NEWS OF THE DAY, No. 226-Presi- dent speaks to the nation. American youth answers call to colors. Malaya on eve of attack. Ark Royal crew reaches home port. Army practices landing maneuvers at Fort Lewis; dive-bombers in action. Tank production in Pennsylvania. Coast Guard seizes Finnish vessels. PARAMOUNT NEWS, No. 31— President addresses the nation. Activity in military headquarters in Washington. Air-raid warnings in New York, San Francisco and Seattle. Toll mounts in Pearl Harbor at- tack. Recruiting offices crowded. Attorney General cautious on behavior toward aliens. F. B. I. arrests aliens. RKO PATHE NEWS, No. Jl— Roosevelt addresses the nation. Troops guard vital spots in this country. Navy planes in maneuvers. Chicago's new paper appears. New giant Navy plane burns. Attorney General advises public on aliens. Soviet envoy reaches United States. New plane wing demonstrated. UNIVERSAL NEWSREEL, No. 40— President addresses the nation. America goes to war: recruits flock to join up; air- raid alarms; Attorney General warns on alien activity. Two British warships sunk. Navy dive-bombers in action. Army tests new tank in Pennsylvania. Soviet Am- bassador arrives. New wing tested on Coast. Don't Use Phones When Air Raid Signals Sound, Lehman Warns Albany, Dec. 11. — Governor Lehman today issued the following statement: "When you hear an air-raid warning do not use your telephone. Tuesday's air-raid warning in the New York metropolitan area resulted in so many people using the telephone that the lines in some sections of New York and suburban areas were choked. Civilian defense authorities often were unable to reach air-raid wardens, and the full functioning of the defense organizations was retarded. "I ask every one when an air-raid warning is sounded to remem- ber that the telephone lines must be kept free for defense pur- poses. Only the most serious personal emergency warrants use of the telephone when you hear an air-raid warning. In the future, please refrain from telephoning until you are sure the all-clear signal has been given." Hays Honor Guest Of Indiana Society Chicago, Dec. 11.— Will H. Hays, MPPDA president, will be the guest of honor at the 30th annual dinner of the Indiana Society at the Stevens Hotel on Saturday. A burlesque skit, "Hays-a-Poppin" wiil be the feature of the program fo- cusing on Hays and on Hollywood. A specially prepared film, "Hoosier Boy Makes Good," will portray highlights in Hays' career with motion pictures. Hays is scheduled to leave for New York on Sunday. 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 Picture Almanac and Fame. En- tered as second class matter, Sept. 23, 1938 at the post office at New York, N. Y., under the act of March 3, 1879. Subscrip- tion rates per year $6 in the Americas and $12 foreign. Single copies 10c. GENE TIERNEY WALTER HUSTON • VICTOR MATURE • ONA MUNSON with Phyllis Brooks • Albert Basserman • Maria Ouspenskaya Eric Blore • Clyde Fillmore • Ivan Lebedeff • Rex Evans Directed by JOSEF VON STERNBERG Screen play by Jules Furthman, Karl Vollmoeller, Geza Herczeg RELEASED THRU UNITED ARTISTS Motion Picture Daily Review "Melody Lane" {Universal) T N this film secondary consideration apparently was given the story. * It is, in effect, several musical numbers, mostly a la jitterbug, strung together by a slight yarn about a swing group from Iowa brought to New York by an attractive agency promoter to broadcast for an eccen- tric sponsor. In its favor is its energetic presentation. In it are the Merry Macs, Leon Errol, Baby Sandy, Anne Gywnne, Robert Paige, Butch and Buddy, Robert Paige and Ken Douglas. Charles Lamont directed. Probably the most saleable element of "Melody Lane" is a combination of the tuneful vocal renditions and jive music by the "Rhythmeers," as they are labeled, and the fact that they are brought from the corn belt to the big city to promote a breakfast cereal called "Kornies." It has its possibilities. Running time, 60 minutes. "G."* Eugene Arneel Variety Clubs Aid Industry, National Chiefs Tell Ampa 4 Coast Studios On Day Shifts For Blackouts (Continued from page 1) police and fire departments for mutual protection. Four studios today formulated a policy of management during war con- ditions. Twentieth Century-Fox or- dered one production company to start at 7 A.M. and finish at 4 :30 P.M. as a test to determine whether all activi- ties could be confined to those hours. The laboratory was placed on a day basis instead of night work, making In Canada, Too Toronto, Dec. 11. — Gordon Conant, chief warden of On- tario, today ordered blackout regulations in the Toronto and Hamilton districts effec- tive Dec. 20. On completion of precautionary measures a total blackout will be effective some time in January. Special instructions are going to the- atre managers. rushes of the shots taken the day be- fore available the next afternoon. All 20th Century-Fox employes will be fingerprinted and photographed for identity cards which they must have on them at all times. Radios were banned. All Hal Roach employes were or- dered to leave the lot at 4:30 P.M. today in order to avoid the rush in getting home in time for the blackout. Study Safety Rules Charles Boren, Paramount studio manager, heads a committee of de- partment heads formed today to study recommendations for safety of em- ployes at the studio and at home and will release instructions this weekend. Paramount has one troupe starting at 7:30 A.M. and quitting at 5 P.M. to determine whether that schedule can be made general. Universal announced the organiza- tion of a studio defense corps as a unit of the California State Guard and a Red Cross unit primarily for defense of the studio. Windows have been painted and special lights installed in accordance with blackout specifica- tions. Personal radios have been banned. Remaining members of the Navy's Hollywood photographic unit will be called to active duty in a few days. The unit includes about 200 camera- men, electricians and sound men. Speed N. Y. Blackout New York City officials are speed- ing preparations to have the city thrown into darkness. The undertak- ing will be the greatest of its kind, re- quiring 29,000 wardens to turn off traffic signals and street lights, a job which must be done by hand. It is planned that Times Square will be completely blacked out for five min- utes, including the dousing of the smallest neon sign. Test blackouts in New York State were started Wednesday night. Buf- falo was blacked out last night. This was in response to Governor Lehman's *"G" denotes general classification. (Continued from page 1) a Variety tent established in New York. He paid tribute to the news- reels and to Ampa for their coopera- tion with the Variety clubs. The Dallas tent, headed by O'Don- nell, raised five times as much as the next highest tent for Variety ac- tivities, it was disclosed by Harris. Among the achievements of the Dallas tent was the building of a hospital wing to care for 2,500 children and a $25,000 swimming pool for under- privileged children of Dallas. Work such as this has the cooper- ation and appreciation of civic and religious leaders and the most influen- tial community elements, O'Donnell pointed out. It wins valuable friends and defenders of the industry in many communities and among law-making bodies, O'Donnell said, although it is undertaken without any such design. This result was termed by Harris a "by-product of Variety." Harris described the origin and work of the organization, relating that) it was begun about 13 years ago with the adoption by 11 Pittsburgh show- men of a foundling left in the Sheri- dan Theatre. Without plan or design, he said, it has grown to 25 tents and a national organization which raised $900,000 this year — despite a goal of only $400,000 — to bring assistance to order to mayors of all municipalities in the state to hold practice blackout. New York theatre men, as yet not fully certain about the part they are to play during an air attack, are to be instructed this morning at the Zieg- feld Theatre by Police Commissioner Lewis J. Valentine. This is an emer- gency meeting and all exhibitors and their staffs are urged to attend. The meeting will start at 10 a. m. Theatres throughout the city have had wardens on their staffs for some time, the number in proportion to the size of the house. The Radio City Music Hall, largest theatre in the city, has 22 wardens. Complete precautions for air raid warnings have been arranged at legi- timate theatres in the Times Square area, yesterday announced Robert K. Christenberry, general manager of the more than 750,000 ailing or under- privileged children. "The by-product of this," Harris said, "is the counteraction of many of the brickbats thrown at the indus- try." "Variety did not bring charity to show business," he said. "The indus- try always has been charitable. But Variety for the first time brought the industry the recognition it deserves for its charitable work." William McCraw, former Attorney General of Texas, was master of ceremonies. Among those present were : Barney Balaban, Vincent Trotta, Herman Wobber, T. J. Con- nors, William Clark, Max A. Cohen, Leon Netter, Leonard Goldenson, Sam Dembow, Louis Ruppel, Charles Free- man, Robert Savini, W. F. Rodgers, Edward Saunders, E. K. O'Shea, Ed- win Aaron, Abe Montague, Rube Jackter, Sam Shain, H. J. Yates, J. R. Grainger, Ned Depinet, Herman Robbins, J. J. Fitzgibbons, C. C. Pettijohn, Kenneth Clark, Dave Pal- freyman, Lou Pollock and Maurice Bergman. Also : Charles E. Lewis, Carl Les- erman, Earle Sweigert, Hardie Meakin, George Tyson, Jack Alicoate, Sidney Schreiber, Arthur Israel, Lester Thompson and F. J. A. Mc- Carthy. Oscar Wee Rites Today Wayland, Mass., Dec. 11.— Fu- neral services will be held here to- morrow for Oscar E. Wee, 60, who died in Cambridge Tuesday. Wee was a noted road-show producer for many years. He is survived by his widow, the former actress, Louise Price. Burial will be in the Natick (Mass.) Cemetery. Hotel Astor, who is air raid warden for the zone between 40th and 50th St., west of Fifth Ave. Managers, employes and actors will cooperate in reassuring audiences and protecting property, Christenberry said. After calming the audience, the play will be resumed with the lights on in the auditorium. Blackout measures will be taken. Friday, December 12, 1941 U.S. Making Last Effort on Little 3 Trial (Continued from page 1) suit to the trial calendar in U. S. Dis- trict court here. A hearing on the ; order was set for Dec. 17 before F^i eral Judge Henry W. Goddard, Hi it was indicated that Robert tZ < Wright, Assistant U. S. Attorney j General, at that time will ask the court to set the case down for trial in the early Spring, possibly in April. If the Government is unable to win J that action against the three com- panies, or failing that, to obtain from i them a consent decree substantially similar to the present industry decree by June 1, the selling and trade show provisions of the present decree could ' become inoperative. However, attorneys point out that the Government suit against the i Schine circuit and the "Little Three" i is now set for trial in U. S. District ! court at Buffalo on March 3 and that on the basis of their experience in the trial of the Crescent suit at Nashville, it may last several months. It was also recalled that Judge Goddard has ! on several occasions advised the Gov- ernment attorneys that he would not ; consent to start a trial here which would force the "Little Three" to de- fend two cases simultaneously. In view of these considerations, in- dustry attorneys say, there is little ; prospect of the Government obtaining an early Spring trial date or of meet- ing the June 1 escape clause deadline by a victory here over the three com- panies. Face Charges for Admitting Children Montreal, Dec. 11. — Additional charges have been made against the! operators of film houses for admitting children under 16 years of age. Sev-j eral will be tried next Wednesday and others next Thursday. Eugen* Savard, owner of the Theatre Na- tionale, also will face a charge of giv- ing Sunday shows in violation of the Lord's Day Act. Exhihitors who hav< pleaded guilty to such charges hav< been fined $10. Three Theatres in Yorkville Are Shw (Continued from page 1) German pictures, a number of whicl have been held in Customs, and the; have been forced to run reissues. Meanwhile, it was learned tha George Nitze, president of Ufa, th I company which for years has been th distributor of German films in thi country, has been taken into custod; \ \ by the FBI in its sweep across th country apprehending aliens. Nitze' whereabouts were unknown yesterda) Basketball Results In the second round of the Motio Picture Basketball League series hel Wednesday night at the Heckshe Foundation, Universal defeated Na tional Theatre Supply, 37 to 30 ; Ir ternational Projector Corp. beat Pai amount 44 to 38 and M-G-M bes BMI 36 to 17. The unseen star of August 6th, 1926 Helping you to please the ears of the world — through finer sound recording and reproduction — has been Western Electric') privilege for fifteen years. That night 15 years ago — when "Don Juan" had its world premiere — marked the first public acceptance of talkies. The great success of that night could not have been achieved without this little cone in the loud speaker. The cone made it possible, for the first time, to fill a theatre with high quality sound. This is one of many basic contributions Western Electric has made available to the industry. Electrical Research Products Division of Western Electric Company INCORPORATED 195 Broadway, New York, N. Y. Second of a series of advertisements covering basic developments in the art of talking pictures. 6 Motion Picture Daily Friday, December 12, 194 Rules N. C. Sunday Ban Unconstitutional Charlotte, N. C, Dec. 11.— The city ordinance banning Sunday films at Asheboro, N. C, has been ruled uncon- stitutional by Judge Felix Al- ley in Randolph County Supe- rior Court, and Francis White, Asheboro Alderman, operat- ing two of the town's three theatres, has been acquitted of charges of violating the city ordinance. The State of North Caro- lina has filed notice of appeal to the State Supreme Court. Lisbon Routes Are Closed By New War Declarations Loew to Ask Minn. Escape Next Week Of Judge Goddard (Continued from page 1) can be drawn up, probably by Monday or Tuesday. A hearing probably will be held by the end of the week and the company would resume selling in Minnesota immediately after an order had been signed by the court. The company's decision to resume selling in Minnesota was made by Nicholas M. Schenck, president, and \V. F. Rodgers, vice-president and general sales manager, as a contribu- tion to industry unity after they had been urged to do so by representatives of Northwest Allied at the all-industry unity meeting in Chicago this week. Northwest Allied was the sponsor of the Minnesota law. Trial of criminal actions for alleged violations of the law against Para- mount, RKO and 20th Century-Fox is scheduled to start Monday in Min- neapolis, and will provide a test of the constitutionality of the state law. Woolf New Head of British Producers (Continued from page 1) cil, against competitive services and restrictions on studio space. The new Army Films Council met today with the exhibitors promising all aid and the distributors refusing to collaborate. Meanwhile, it is understood the Board of Trade may prohibit all pub- lic display of stills as part of the drive to conserve paper. 100,000 Paramount Shares Converted More than 100,000 shares of Para- mount second preferred stock have been converted into common during the past three days, Stanton Griffis, chairman of the executive committee, reported yesterday. The company announced a week ago that it would redeem the second pre- ferred at $10.06 a share on Feb. 3 and that the conversion right, at the rate of nine shares of common for ten of preferred, will expire Jan. 20. There were 412,200 shares of the issue out- standing, and 22,600 shares in the Paramount treasury. (Continued from page 1) New York and Lisbon, yesterday an- nounced cancellation of sailings on Government order. The line's E.v- catibur is en route from Lisbon, due here Monday. John Ojerholm, man- aging director of Paramount's British laboratory, is the only known indus- _ry member on board. The same line's Excambion is scheduled to sail from Lisbon today and Francis Harley, 20th Century- Fox managing director for Britain, and Robert T. Kane, head of the com- pany's British production, are in Lis- bon with accommodations for that sailing. Officials of the American Export Line said yesterday they have not been informed that the sailing has )een canceled. The Portuguese Embassy at Lon- on announced yesterday that it dis- continued visas for civilian travelers between London and Lisbon. The American Government ordered discon- tinuance last Monday of accommoda- tions for civilian passengers on the clippers between New York and Lis- bon. Few American film company em- ployes are known to be in Portugal or Spain. Robert Kreier, manager for 20th Century-Fox in Spain, was in 'New York,' Lewis Leaders in Buffalo Buffalo, Dec. 11. — "New York Town" and Ted Lewis and his or- chestra on the stage drew $16,500 at the Buffalo. "Shadow of the Thin Man" in the second week at the Great Lakes took $10,000. Estimated receipts for the week ending Dec. 6 : •'New York Town" (Para.) BUFFALO-(3,489) (35c-55c) 7 days. Ted Lewis & orchestra on stage in Rhythm Rhapsody Revue, with Geraldine & Joe, Tune Edwards, The Blair Sisters. Gladys Tell, Louis Glenn and Charles (Snowball) Whittier. Gross: $16,500. (Average, $12,000) "Shadow of the Thin Man" (M-G-M) 'Moon Over Her Shoulder" (2ttth-Fox) GREAT LAKES — (3,000) (35c-55c) 7 days, 2nd week. Gross: $10,000. (Average, $7,500) •Birth of the Blues" (Para.) 'Among the Living" (Para.) HIPPODROME— (2,100) (35c-50c) 7 days, ',nd week. Gross: $7,000. (Average. $6,800) "Look Who's Laughing" (RKO) •The Pittsburgh Kid" (Rep.) TWENTIETH CENTURY— (3,000) (35c- 55c) 7 days, 2nd week. Gross: $6,800. (Aver- age, $7,500) "You Belong to Me" (Col.) "Naval Academy" (Col.) LAFAYETTE— (3,000) (35c-50c) 7 days. 2nd week. Gross: $7,000. (Average, $6,300) Rep. Studio Sets U p Film Report System Hollywood, Dec. 11. — Republic an- nounced today it has set up a system whereby salesmen and branch mana- gers will report daily to the studio on the reception of pictures through- out the country. The reports will be on other companies' product as well as its own, it was stated. This information will be sent from the field to San Francisco, Memphis, Chi- cago and Washington offices for com- pilation and then dispatched to tb* studio. Both public and exhibitor reactions to the type of entertainment wanted will be surveyed. Studio officials said they intend to use this informa- tion as a guide for its production pro- gram. that country when heard from by the home office recently. Universal's Ern- est Koenig, who had been stationed at Lisbon, arrived in New York last week. Max Milder, Warners' managing director for Great Britain, had been reported in Lisbon awaiting transpor- tation to New York, but the Warner home office said yesterday that Milder was still in London. Several home offices received word yesterday from company representa- tives in the Dutch East Indies, Manila and Singapore. Those heard from re- ported that they were safe but that travel was impossible. The Lurlinc of the Matson Line ar- rived at San Francisco yesterday from the Orient but Arthur G. Doyle, 20th Century-Fox Far Eastern manager, who is believed to be enroute to the United States, was not a passenger. Charles Mayer, who was on a ship en route to a Far Eastern post for 20th Century-Fox when the Japanese attack occurred, returned to New York from the Coast yesterday. The President Polk, on which he had sailed, was called back when one day out of San Francisco. Morey Marcus of United Artists also was a passen- ger on the vessel. War Brings Slash In BVay Grosses (Continued from Page 1) $65,000. "The Men in Her Life" opened yesterday. "Rise and Shine" with a stage show at the Roxy completed its first week with an estimated $40,000. The show grossed an estimated $29,500 during its first three days beginning last Friday. It will play another six days, to be followed Thursday by "Confirm or Deny." The third and final week of "They Died With Their Boots On" and Woody Herman's orchestra at the Strand brought an estimated $22,500. "Blues in the Night" with Count Basie's orchestra went in yesterday. "Smilin' Through" finished a week at the Capitol with an estimated $14,- 500 and was replaced yesterday by "The Feminine Touch." "The Choco- late Soldier" in its sixth week at the Astor grossed an estimated $5,200 and begins a seventh week today. "How- Green Was My Valley" drew an esti- mated $17,700 during its sixth week at the Rivoli and is now in its seventh. "Swamp Water" ends its fourth week at the Globe tonight with an estimated $4,000 and remains. Coast Blackout Ruins Business Los Angeles, Dec. 11.— Theatre attendance, off sharply since Sunday, was reduced to virtually nil in neigh- borhood and subsequent run houses last night as all Southern California under- went a complete blackout when enemy planes were reported overhead. As one theatre executive said, "We flight just as well have not opened our houses." Prior to Sunday busi- ness had been exceptionally good and then it dropped sharply. Another blackout took place tonight. 'Woman' Gets $22,000 Lead, Philadelphia Philadelphia, Dec. 11. — The Army Navy football game, coupled with tht State's Thanksgiving Day on Nov p 27 made for big grosses. "Two-F^g' \ Woman" at the Boyd took and "Birth of the Blues" gave tne Fox $20,000. Estimated receipts for the week ending Dec. 2-5 : "The Little Foxes" (RKO) ALDINE — (1,400) (35c-41c-46c-57c-6Sc ) days. Gross: $14,000. (Average, $9,000) "You Belong to Me" (CoL) ARCADIA— (600) (35c-46c-57c) 7 days! 3rd run. Gross: 2,600. (Average. $2,600) "Two-Faced Woman" (M-G-M) BOYD— (2,400) (35c-41c-46c-57c-68c) 7 dav^ Gross: $22,000. (Average, $13,000) "New York Town" (Para.) EARLE — (4,000) (35c-41c-46c-57c-68c) days. Vaudeville including Johnny Long' orchestra, Henny Youngman, Condos Broth ' ers, Sue Ryan, Helen Young and Bol Houston. Gross: $18,000. (Average. $14,000 "Tom, Dick and Harry" (RKO) FAY'S — (2,190) (15c-29c-35c-46c-57c) days. Vaudeville including Valerie Park^ Eddie White, The Kidoodlers, Olsen ^ ; Shirley, The Del Rios, Gae Foster's Roxy ettes and Billy Klaiss' orchestra. Gross" $7,800. (Average, $6,900) "Birth of the Blues" (Para.) FOX — (3,000) (35c-41c-46c-57c-68c) 7 days Gross: $20,000. (Average, $13,000) "Skylark" (Para.) KARLTON— (1,000) (35c-41c-46c-57c-68c) days, 2nd run. Gross: $5,000. (Average $3,000) "Sergeant York" (W. B.) KEITH'S— (2,200) (46c-57c-75c) 7 day* 2nd run. Gross: $11,000. (Average, $4,500 "They Died With Their Boots On" (W. B. STANLEY— (2,700) (35c-41c-46c-57c-68c) days, 2nd week. Gross: $14,000. (Average $14,000) "International Lady" (U. A.) STANTON— (1,700) (35c-46c-57c) 7 day*. Gross: $6,000. (Average, $4,500) Waters Named Head Of Television Societi Norman D. Waters, advertising ex ecutive, has been elected president o the American Television Society tc succeed Warren M. Caro, it was an nounced yesterday. Halsey V. Bar- rett was named assistant to the presi dent. Caro, who is now in Washingtoi with the Federal Works Administra tion, was elected chairman of th< board of governors. "What Television Can Contribute to Defense" will be the subject of e symposium at the next meeting to bt held Wednesday night at the new headquarters of the society at the Ho- tel Woodstock. NLRB Ruling Holds Attorneys' Attention A ruling of the National Labor Relations Board in Los Angeles is holding the atten- tion of industry attorneys. It is to the effect that employer organizations may be regard- ed as "employers" within the meaning of the Wagner Act when the organization acts for an employer in matters affect- ing employe relations. The spe- cific case, not concerned with the industry, involves em- ployer associations and the Independent Canvas Workers Union. •iJav. December 12, 1941 Motion Picture Daily 7 Study Radio Procedure in Raid Alarms {Continued from page 1) itli Morris Novick, director of "XYC, to advise the foreign lan- populations of raid warnings, municipal station will be the first s^t official warnings in this area »d will feed them to other stations, at foreign language stations will, of ►urse, be compelled to make their in announcements. Particularly during the early test arms will it be necessary to explain ■st ructions at length in languages hich every section of the population n understand, it was stated. The reign language stations have ac- >pted the responsibility of passing on i news but the details, such as which ations will handle the various lan- tages, or whether each will broad- ist in all the languages now heard | the station, have not been set. Miller Asks for Calm In a letter to broadcasters Wed- sday night, Neville Miller, National ssociation of Broadcasters president. - Films Leading Entertainment /VtArmyCamps Survey Shows Reliance On Screen Fare Motion pictures are the chief source of entertainment for the thousands of men in training at the Army camps of the nation, a survey iv Motion Picture Daily dis- closes. In most of the encampments of the country, now operating at capacity with enlisted and drafted personnel, one or more motion picture theatres, manned for the most part by service men, show the best of the in- dustry's product. It is fed to them by the Army Mo- tion Picture Service, with short sub- jects and newsreels making up the same type of full film program shown in the regular theatres of the country. At the same time, the increase in defense activities in various sections (Continued on page 6) NBC Sells Artists' Unit to Executives NBC on Friday sold its concert and talent divisions, including the Civic Concert Service, Inc., to a group of four network executives, including Alfred H. Morton, vice-president in charge of television ; Daniel S. Tut- hill, assistant director of the artists' service ; O. O. Bottorff , president of Civic Concert Service, and Marks (.Continued on page 7) I. A. Studio Talks Slated for New York Hollywood, Dec. 14. — The negotiations of eight IATSE studio locals on new contracts will be transferred to New York immediately after the first of the year, Richard Walsh, IA president, stated todav. Walsh left for New York with Lou Krouse, internation?l secretary, after a three-dav visit here during which he sat in on the negotiations. The locals will retain their auton- omy and will send business representatives to the New York negotiations. Cancel New Orleans Mardi Gras for 1942 New Orleans, Dec. 14. — For the third time since its incep- tion in 1827, the city's Mardi Gras, set for next February, has been called off. Decision to cancel most parades and balls was announced after a meeting of the governing com- mittees of the carnival organ- izations, because of the war. The carnival was called off during the Civil War years and in 1918 and 1919. Arbitrator Assails Decree and Buying Power of Circuits The consent decree itself and the buying power of large, established circuits is sharply assailed in an ar- bitration award handed down over the weekend by George S. Harris, dean of the Newark Law School, in the some run complaint filed at the local board by the Cedar Operating Co., owner of the Strand, Astoria, L. I. The arbitrator, however, dismissed the complaint without prejudice to its renewal at a time when factual, rather than opinion evidence can be pre- sented. In doing so, Harris held that the limitations of Section 6, the some run section of the decree, make it and the decree, itself, "woefully de- fective in protecting the rights of new theatre owners in a district where circuit theatres are already en- trenched." The complaint was dismissed, the arbitrator explains, because it was filed "prematurely" with respect to (Continued on page 3) ALL N. Y. THEATRES PREPARE FOR RAIDS FDR Will Get Censor Right Washington, Dec. 14. — Enemy- owned property, including copyrights and patents, in the United States is made subject to seizure by the Gov- ernment and broad authority is given the President to impose a censorship on all communications, in legislation w hich is expected to be enacted by Congress this week to give the Presi- dent sweeping war-time powers. The measure will include all of the authority given the Chief Executive during the first World War, with such additional authority as may be (Continued on page 7) Defense Report Will Be Made on Friday A report and recommendations of the industry committee cooperating for national defense will be made to the MPPDA board of directors at a meeting Friday on means of obtaining cooperation in placing the industry on a war footing for any service it may be called upon by the Government to perform. Members of the committee, of which Francis Harmon of the MPPDA is :oordinator and George J. Schaefer, :hairman, was held on Friday at the atter's office. No statement was is- ued following the meeting, which was iescribed as an "executive session." See U.S. Asking Extension Of Decree Escape Clause The Department of Justice, accord- ing to legal opinion in the trade, will petition Federal Judge Henry W. Goddard for an extension beyond June 1, 1942, of the deadline for the consent decree escape clause. On Wednesday, the Department is scheduled to apply to Judge Goddard for a reinstatement of the anti-trust suit against Universal, Columbia and United Artists to the U. S. District court calendar here. However, legal observers see little chance of the Gov- ernment being able to obtain a trial date for the suit before next May, at the earliest, due to the fact that trial of the Government's suit against the Schine Circuit in Federal court at Buffalo is set for March 3. Judge Goddard has informed the Government on previous occasions that he would not require the "Little Three" to defend two of the Depart- ment's suits simultaneously. There- fore, it is believed that, with the Schine trial consuming at least two months, trial of the New York suit could not be started before May and could not be concluded by the June 1 deadline. With the New York suit back on the court trial calendar here, however, attorneys believe that the Government (Continued on page 3) 750 Managers Are Given Rules; Times Square Set for Blackout By EDWARD GREIF Approximately 750 managers and their assistants gathered at the Loew's Ziegfeld Friday to receive instructions on how to handle thea- tre audiences in the event of black- outs, air raid warnings and possible attack. Meanwhile, from other sources, it was learned that arrange- ments were being completed to effect a blackout of the whole Times Square area within five minutes. A test blackout of the entire New York metropolitan area is expected shortly it is also reported. They heard addresses from police and fire department officials and repre- sentatives of the volunteer air raid wardens. The principal theme of the (Continued on page 3) Kent Will Leave for Hollywood in Week Sidney R. Kent, president of 20th Century-Fox, will leave for California in about a week. He will be joined there later by Tom Connors, his per- sonal assistant, who takes up head- quarters with Kent at the company's home offices today. A. M. Botsford, director of advertising and publicity, who left for the studios on Friday is expected to return before Connors leaves to join Kent. Morris Kinzler, of the Kayton-Spiero advertising agency, which handles the company's account, accompanied Botsford. Critics' Circle Calls Off Annual Party Because of the War, the Motion Picture Critics' Circle, in New York, has decided not to hold its customary recep- tion in connection with the annual polling of best pictures, producers, directors and actors of the year. The poll, however, among the metropolitan news- paper critics will be held as usual on Dec. 29. The recep- tion generally followed within a week after the poll was taken. 2 Motion Picture Daily Monday, December 15, 19 S.P.G. Invites Units To Defense Meeting Invitations have been sent by the Screen Publicists Guild to Ampa, Film Players Club, M. P. Associates, MPPDA, National Board of Review, Society of M. P. Engineers, MPTOA, Allied of N. Y., N. Y. ITOA, the trade press and operators, laboratory technicians, studio mechanics, Warner Bros, office employes, Screen Office & Professional Employes Guild, photog- raphers and exchange employes unions for a meeting Friday to discuss local industry cooperation in the war effort. The conference will be held at the Hotel Piccadilly and is not intended to conflict with the industry national defense committee, as the new group will operate locally and not nationally. In his letter of invitation to the meeting, Joseph Gould, S.P.G. presi- dent, said: "We in the motion picture industry have a special responsibility. ... It requires that we trade unions, employer associations, the press, wel- fare societies, social clubs — all unre- servedly and at once, pool our skills, our energies and our resources for the all-out job of preparing our nation for battle and for victory." Blumberg to Coast For Product Talks Nate J. Blumberg, Universal presi- dent, left for the Coast over the week- end and will remain at the studio most of the Winter. J. Cheever Cowdin, Universal board chairman, who is now on the Coast, will remain at the studio through January. The home office and studio executives will begin the planning of Universale 1942-'43 production sched- ule immediately after the first of the year. The company's current sea- son's schedule is now nearing com- pletion. Capra Halts Work; To Enter Service Hollywood, Dec. 14.— Frank Capra will discontinue production for the duration and expects to enter Army service, he stated over the weekend. Capra said he has applied for a commission in the Signal Corps and expects to be called soon. He is now completing "Arsenic and Old Lace" for Warners, his last picture at that lot. Capra had only recently closed a deal with 20th Century-Fox for re- lease of his future productions. BROADWAY PLAYS "GRAND-SCALE SMASH HIT! — Life Magazine GERTRUDE LAWRENCE In the Musical Play "LADY IN THE DARK" ALVIN. 52 St. W. of B'way— Mats. Wed. 4. Sat "A GREAT SHOW — Herald Tribune 50C, $1 & $1.50 NPoLUHS,GTHAEXR 2ND YEAR — 2ND EDITION of the _ Sensational Musical Icetravaganza It happens on ice at America's Only Ice Theatre Center Theatre. Rockefeller Center. CO. 5-5474 Evei. except Mon. M«t>., 8un., Wed. A. 8at. 501 8e«U fer Every Perf. 50e. EVGS. AT 8:40 Personal Mention of MPPDA, is due from Chicago YylLL H. HAYS, president today. • Sam Buchwald, general manager of the Fleischer Studios in Miami, left over the weekend to return to Miami. » Phil Engel of Warners left over the weekend for Syracuse and Albany. • Charlotte McGuigan, secretary to Harry F. Shaw, Loew-Poli division manager in New Haven, is ill. ABE MONTAGUE, Rube Jack- tee, Lou Astor and Max Weis- feldt of Columbia will return from Philadelphia today after attending the annual Variety Club banquet there last night. • Russell Birdwell is due here to- day on the Excalibur from England. • Marion B. Folsom, treasurer of the Eastman Kodak Co., has been re- appointed to the Unemployment In- surance State Advisory Council by Governor Lehman. Flynn Is Due Here For M-G-M Confabs Jack Flynn, recently appointed Cen- tral division manager for M-G-M, will arrive from Chicago today for his first home office visit in his new capacity. S. A. Shirley has returned to the Chicago office of M-G-M as district manager with supervision over Chi- cago, Milwaukee and Minneapolis, the post from which he was forced to withdraw several months ago because of illness. Also at M-G-M in Chicago, W. E. Banford has resumed his duties as branch manager after a two-month illness, and J. G. Kemptgen has been promoted to sales manager at the branch, which post he held during Banford's absense. 2,800 Attend W.B. Annual Xmas Party The Warner Club's annual Christ- mas party was held Saturday at the Vitaphone studio in Brooklyn with 2,800 children and adults attending. The entertainment was arranged in circus fashion with animal acts and the like, in addition to a "Santa Claus pageant" comprising 18 carts of toys and candy. The committee in charge included Ralph Budd, chairman, Morris Schiff, Harry Mayer, Don Sherwood, Martin Bennett, Milton Cohen, Bernard Good- man and Robert Salomons. Loew Defendant in Stockholder's Suit A stockholder's suit against Loew's, Inc., and its officers and directors brought by Edward F. Wagner was disclosed Friday in N. Y. Supreme Court when Loew's filed application to dismiss the complaint on the ground that the statute of limitations had ex- pired._ Wagner seeks an accounting claiming officials of Loew's made in valid payments to settle actions brought against it by other stock holders in 1936 and 1937. The com plaint listed four alleged instances of these settlements, where it is claimed a total of $17,000 was paid to four complaining stockholders. Short Subject Reviews "Our America at Home" (March of Time-RKO) C^OUR days after the internation conflict struck home — the "Mart of Time" had made available "Oi America at Home," a compel]^ treatment of something that is deeH the minds of all. Taken for the mo part from "The Ramparts V\ Watch," it draws a striking parall between the war activity of 1917 ar present-day reaction to aggressio Added to the war scenes from "Tl Ramparts" are President Roosevelt address to Congress, volunteei swarming to the enlistment depots an the like. It is presented in stirrin fashion, and is a most timely an^ valuable subject. Running time, 1: minutes. Release, Dec. 19, 1941. Fight Overcrowding In Ottawa Theatres Ottawa, Dec. 14. — A campaign has been instituted here by Allen M. Tay- lor of Toronto, Provincial Inspector of Theatres in Ontario, against the crowding of theatre aisles. As a re- sult of the drive, Sam Levinson of the Rialto Theatre and Donat Paquin of the Francais Theatre each has been fined $10 plus $2 costs in Magistrate's Court. Trade Gives $15,000 To China Relief Fund The motion picture industry has contributed $15,000 to the United China Relief, according to James G Blaine, chairman of the board of re- lief organization. The contribution was transmitted by Will H. Hays, president of the MPPDA, on behalf of the industry, and represented a portion of the pro- ceeds of the distribution of the film, "Land of Liberty." Conn. Allied Decree Survey Ready Soon New Haven, Dec. 14.— The Allied Theatre Owners of Connecticut sur- vey of independent exhibitors with regard to their reactions to the con- sent decree and alleged violations, is nrogressing, and will soon be ready for compilation of results, states Max- well A. Aderman, executive secretary. Almost 50 of the questionnaires have been returned, with an overwhelming majority in opposition, it is reported. Convert 151,220 Shares A total of 151,220 shares of Para- mount second preferred stock was converted into common during the first four days of last week, the company reported Saturday. There are now outstanding 255,601 shares of the issue outstanding. The company has an- nounced it will redeem the issue Feb. 3. Acquires Mo. Theatre Kansas City, Dec. 14— The Davis Theatre in Higginsville, Mo., has be- come a unit of Commonwealth The- atres. The circuit took over the house from J. W. Davis. Roger Mann is manager. WB Xmas Party Held New Haven, Dec. 14.— The annual Warner Christmas party was held Friday evening at Waverly Inn, Che- shire, Conn., with all employes of the theatre and exchange departments, and managers and bookers of other exchanges invited. The dinner was followed by dancing. I. J. Hoffman, head of the New Haven zone of the Warner Theatres, was host. Buys Delaware House Chester, Pa., Dec. 14. — Richard Edge has left his post as manager of the Lyric to take over operation of the Don at Claymont, Del. He has re- opened the house as the Pike with Norman Mumford coming in as house manager. "Women in Defense" (National Defense Committee) Produced by the Film Unit of th Office for Emergency Managemen this defense subject is distribute without charge to participating ex hibitors by the Motion Picture Com mittee Cooperating for National De' fense. With commentary written b.' Mrs. Eleanor Roosevelt and spokei by Katharine Hepburn, the subjec merely recounts the varied ways ii which women are of assistance in \hi defense effort. Neither commentar; or production are particularly inspire< or inspiring, although the subject mat ter hardly lent itself to extraordi nary effort. However, it doubtles will serve the purpose for which was designed. Running time, 10 mins "How War Came" (Raymond Gram Swing Historical) (Columbia) The popular radio commentator Raymond Gram Swing, undertakes b explain the beginnings of the war. For this explanation, Swing sketches thi background of events which preceder the outbreak in 1939. His points art emphasized by interesting, color ani- mations. Although the reel has nc reference to the U. S. declaration- of war, it is extremely timely anr' should be effective now. Running time, 8 mins. Release, Nov. 7, 1941' MOTION PICTURE DAILY (.Registered U. S. Patent Office) Published daily except Saturday, Sunday anc 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. Golden Square, London Wl, Hope Wil- liams, Manager, cable address "Quigpubco. London." All contents copyrighted 1941 by Quigley Publishing Company, Inc. Other Ouigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. En- tered as second class matter, Sept 23, 1938 at the post office at New York, N Y under the act of March 3, 1879. Subscript *?S Jatt run in Astoria, was one calculated o defeat the purpose of Section 6, te was obliged to dismiss the com- H .laint. Harris's opinion was critical of the decree provisions which exempted ' 'Oth Century-Fox from the complaint ' »ecause it has a franchise with the "jpkouras circuit, named in the com- ' daint as an interested party, which runs until 1948, and was critical, also, :! because the decree exempted RKO vhen it was shown that the company, hrough subsidiaries, controls 20 per ■ Cent of the stock of the Skouras op- •rating company involved. Criticizes Skouras He was critical of the Skouras cir- ! ruit for its failure to intervene in the :ase, concluding it "had complete con- idence that its interests would be am- Jly protected by the defendant dis- ributors." ,\ Suggesting that it would be "wise uid salutary'" for distributors to make 'conscientious efforts to reach equit- able results in all their dealings with . exhibitors," Harris's opinion observes i.ehat : "If the distributing defendants IjCan, by designating a run free from I, nterference of any arbitrator to a new j (theatre coming into an underseated udistrict which will not permit that theatre to subsist, then the distrib- uting defendants can throttle new en- terprise and can freeze existing en- terprises both of ownership and con- trol in the mould of their making." Files Clearance Case At Kansas City Board Kansas City, Dec. 14. — J. E. Penn- ington, operator of the Cozy Theatre, Topeka, has filed a clearance com- plaint at the local board naming all [i'five consenting companies and nine 'Topeka first run theatres as interested | parties. The complaint charges that the Cozy is required to follow Topeka J first runs by 120 to 128 days and as- . serting that this is an unreasonable clearance, asks that a maximum clear- ance of 50 days in favor of the first runs be established. Grainger on Tour James R. Grainger, president of 1 Republic, left by plane Friday night - for a country-wide tour including a stay in Los Angeles for the Christmas holidays and Toronto Jan. 12 to at- tend a salesmen's meeting. (Continued from page 1) meeting was that common sense is needed most. Staffs should be trained, equipment checked immediately and the show should be kept going unless something hits the theatre. The meeting was originally intended by C. C. Moskowitz, head of Loew's New York theatres, as a class of in- struction to his managers but he decided later to include all exhibitors. Harry Brandt presided. An attempt to exclude the press from this meeting by those in charge was ignored, the- atre managers present observing that such an attempt was com- pletely out-of-order. All speakers urged that audiences should be kept calm and made to understand that they are safer in the theatre than out in the street. Leader- ship of the audience should be as- sumed by some one in responsibility, it was stressed. It was suggested that trailers should be prepared for routine showing, explaining that the staff is equipped to handle all emergencies and advising the audience exactly what to do in the event of a raid or blackout. Speakers declared that no building was completely safe against a direct hit but that death or injuries from direct hits were relatively few, while casualties from shrapnel, spent anti- aircraft shells, flying debris and auto- mobile accidents during blackouts were greater than from direct hits. Those who spoke included Lieuten- ant Maley, of the Police Department ; Chief John J. McCarthy and Battalion Chief Donahue of the Fire Depart- ment; Captain Edward J. Kelly, of the Army chemical warfare division, Ed Sullivan, the columnist represent- ing the voluntary air raid wardens and Brandt. General instructions follow. Raid Instructions for Personnel of Theatres Don't send people into the streets in the event of a raid. Any building is better than no build- ing. Glass causes many casualties. If the audience doesn't know about the raid, don't tell them. They won't know unless they are close to the actual bombing area or near the sirens. Make a brief announcement, if necessary. Put the Do's and Don't's before your audience on the screen, and make them aware of what to do. Avoid lectures. Make them aware of their conduct, just as is done with notices about fire exits. Train the theatre personnel on what to do. Each building will have its control director. He will receive his instructions from the proper author- ities and he, in turn, should pass on the instructions to the staff. Retain children in the theatre during raids. Keep normal interior lighting on : shut off exterior lights, including ex- terior exit lights. If the house is filled, send persons on the street to other shelters ; where no other shelters are available, admit them but avoid over - crowding. Crowded theatres create additional hazards. In raids, the effort should be made to decentralize the population, rather than crowd them in shelters. No building is entirely safe from direct hits ; but any building will pro- vide some shelter against shrapnel, spent anti-aircraft shells, and flying- debris. Fireman Is the Boss Where a fireman is stationed at the theatre, he is in supreme command. Keep exits and aisles clear. Audiences should be led from the topmost balconies to lower levels, in orderly fashion. This rule should be applied particularly in houses with more than one balcony. Check your fire appliances and first aid equipment. The Fire Department will aid, if you call upon them for assistance. If there is no direct telegraphic con- nection box with the Fire Department, have one installed. Don't depend on street boxes. Make sure that all em- ployes know its location. In the event of difficulty, the first thing to do is to call for assistance. The entire staff should be subject to the direction of the fireman. Be more alert of the cleaning of courts and fire escapes of snow and ice. They are more subject to use now. If fire breaks out or a bomb strikes, and there is no fireman present, some one person should be in charge. Don't try to keep the people in the house, because they won't stay. Ask the audi- ence to file out slowly. If there are musicians present, they should assist by continuing the music. Wait for Orders Confer with the local police captain on the release of audiences after black- outs. There would be considerable confusion if all theatres in the Times Square area emptied simultaneously into the darkened streets. Hold your audiences in the house and keep them amused if possible. Some theatres have arranged to keep old songs handy and the audience will be encouraged to join in the singing. Aid the Fire Department by co- operating for enlistments in the Fire Department Emergency Auxiliary Corps. Nothing definite has been settled about rooftop watchers for incendiary bombs, but it will be arranged soon. Blacken with opaque paint, the sky- light over the stage, so that the show can continue. Arrange to install a small-powered auxiliary lighting system for emer- gency use in the event of a complete power failure. Keep a good quantity of sand in bags handy. Admit persons seeking shelter off the street in the event of a blackout, re- gardless of whether they have the admission price. You may ask them to leave later, for whatever effect that will have. Nothing has been considered up to now about camouflaging. Policeman in Charge If there is no fireman present, take orders from a policeman; if neither is present, encourage the cooperation of air raid war- dens. Do not conduct fire drills while any Washington, Dec. 14. — Motion picture production activities were at a peak in 1939, with 178 establishments expending $215,700,084 in the produc- tion of films, it was disclosed by the Census Bureau on Friday in a final report on that branch of the industry. The bureau figures indicated there were 95 more establishments operat- ing in 1939 than in 1937, and that the expenditure for production was almost exactly $18,000,000 greater. The total personnel engaged in the industry was 35,345 against 32,398 in 1937. The number of salaried officers and employes was 9,635 against 13,060, and the number of wage earners aver- aged 24,052 against 19,338; salary payments totaled $93,341,137 against $102,393,327 (the only item to show a decrease) and wage payments were $45,735,926 against $37,157,753. Of the total of 178 establishments reported, 93 were in California, 65 of them in Los Angeles City and 23 in the Los Angeles industrial area. Figures previously published by the Census Bureau showed that during the year 27 features costing $14,356,- 442 were produced in color ; 493 fea- tures costing $117,830,011, in black and white, 125 shorts costing $1,723,- 400, in color, and an unspecified num- ber of shorts, costing $4,251,624, in black and white. See U.S. Seeking Escape Extension (Continued front page 1) will ask Judge Goddard to extend the escape clause deadline from June 1, probably to the end of the year, as soon as it becomes obvious that there is no possibility of concluding the New York suit by June 1. If the Government has not won a court de- cision against the Little Three or ob- tained from them a decree substantially similar to the present one by that date, the trade show and block-of-five sales provisions of the decree may be abandoned. However, if Judge Goddard was to grant a Government application for an extension of the June 1 deadline, the two provisions would remain in effect for another selling season, it is believed. Observers are of the opinion that, if the consenting companies are unable to show that they have ex- perienced a substantial loss of revenue in favor of the non-consenting com- panies by the time that a Government request for an extension of the June 1 deadline should be made, the court might feel impelled to grant the Gov- ernment's request. of the audience is present. Allay fear about gas. The danger is not as great as it has been made to appear. If anyone is gassed, there are three things to do : Call for as- sistance; remove the injured to fresh air and keep them quiet. USE COMMON SENSE. CHECK EQUIPMENT AND TRAIN STAFFS IMMEDIATE- LY. KEEP THE SHOW GOING. A Pen and Pencil Study of Eversharp' s rrTake It Or Leave It in its second year on CBS These gentlemen were worried about selling an $8.75 Eversharp pen and pencil set in a market where you can buy a pen for 29 cents and a pencil for a dime. But not any more! . . . not since they put the entire Eversharp appropriation into radio about two years ago, went on the air over CBS with "Take It Or Leave It". . . . not since their sales jumped more than 1 00 per cent in less than a year. . . . not since they found out that radio could sell pens and pencils all year around— on St. Swithin's Day as well as at Commencement and Christmas. No wonder President Martin L. Straus of the Eversharp Company wrote to CBS : "Radio has raised sales to new peaks all over the country. Radio alone has enabled us to reach houseivives and college students; factory ivorkers and business men; farmers and city folk — for practically everybody listens9.9 For more than a year, Eversharp has been writing the script of this brilliant success story on CBS. It's a script long familiar to people who sell cars or sterling silver. It's a script for people who make mattresses or refrigerators or cameras. In fact, it's for all manufacturers whose products cost a lot . . . last a long time. Radio can sell them just as successfully as it sells "quick turnover" items — the soups and soaps, the cereals and cigarettes. Just as successfully and just as sur( CBS borroived a pen and pencil from Eversharp (as well as the facts) to produce a new booklet,"Take It Or Leave It." Copies may be obtained from CBS, 485 Madison Avenue, New York. THE COLUMBIA BROADCASTING SYSTEM 6 Motion Picture Daily Monday, December 15, 194 f Thin Man' Good for ,000 in Cincinnati Cincinnati, Dec. 14.— "Shadow of the Thin Man" collected $6,000 on its moveover week at the RKO Grand, and "Ice-Capades" with Orrin Tucker's orchestra and Bonnie Baker on the RKO Shubert stage pulled $15,000. Estimated receipts for the week ending Dec. 3-6: "I Wake Up Screaming" (2Cth-Fox) RKO1 ALBEE — (3,300) (33c-40c-50c) 7 days. Gross: $8,000. (Average, $12,000) "Keep 'Em Flying" (Univ.) RKO PALACE— (2,700) (33c-40c-50c) 7 days. Gross: $11,500. (Average, $10,000) "Ice-Capades" (Rep.) RKO SHUBERT— (2,150) (33c-44c-60c) 7 days. Stage: Orrin Tucker's orchestra with Bonnie Baker. Gross: $15,000. (Average, $12,000 "Sergeant York" (W.B.) RKO CAPITOL — (2,000) (40c-50c-60c) 7 days, 10th week. Gross: $4,600. (Average, at 33c-40c-50c, $5,500) "Shadow of the Thin Man" (M-G-M) RKO GRAND — (1,500) (33c-40c-50c) 7 days, 2nd week. Gross: $6,000. (Average, $5,000) "Suspicion" (RKO) RKO LYRIC— (1,400) (28c-33c-42c) 7 days, 2nd week. Gross: $3,600. (Average, $4,500) "Mercy Island" (Rep.) "The Rough Riders" (Mono.) RKO FAMILY— (1,000) (15c-28c) 4 days. Gross: $1,200. (Average, $1,200) "Man at Large" (20th-Fox) "Last of the Duanes" (ZOth-Fox) RKO FAMILY— (1,000) (15c-28c) 3 days. Gross: $800. (Average, $800) "Texas" (Col.) KEITH'S— (1,500) (33c-40c-50c) 7 days. Gross: $3,500. (Average, $5,000) 'Flying' Best Bet in St. Louis at $15,100 St. Louis, Dec. 14. — "Keep 'Em Flying," in its second week at the Fox, grossed $15,100. "Shadow of the Thin Man," in its second week at Loew's, took $12,000. Estimated receipts for the week ending Dec. 4 : "Shadow of the Thin Man" (M-G-M) "Two Latins from Manhattan" LOEW'S— (3,162) (30c-40c-44c-56c) 7 days, 2nd week. Gross: $12,000. "Rise and Shine" (20th-Fox) "Moon Over Her Shoulder" (2flth-Fox) AMBASSADOR— (3,154) (30c-40c-50c) 7 days. Gross: $7,700. (Average, $11,500) "Keep 'Em Flying" (Univ.) "Look Who's Laughing" (RKO) FOX— (5,038) (30c-40c-50c) 7 days, 2nd week for "Flying." Gross: $15,100. (Aver- age, $11,000) "Suspicion" (RKO) "One Foot in Heaven" (W. B.) MISSOURI— (3,514) (30c-40c-50c) 7 days. Gross: $5,400. (Average, $4,000) "South of Tahiti" (Univ.) "Down Mexico Way" (Rep.) ST. LOUIS— (4,000) (25c-35c) 7 days. Gross: $3,600. (Average, $2,600) 'Week-End' Garners $10,000 in Montreal Montreal, Dec. 14. — "Week-End in Havana" at the Capitol topped lo- cal figures with $10,000. "Suspicion" at Loew's grossed $9,000. Estimated receipts for the week ending Dec. 4: "Sundown" (U. A.) ORPHEUM— (1,000) (30c-40c-60c) 7 days, 2nd week. Gross: $3,300. (Average, $4,000) "Suspicion" (RKO) LOEW'S — (2,900) (35c-47c-67c) 7 days. Gross: $9,000. (Average, $7,000) "Week-End in Havana" (20th-Fox) "We Go Fast" (20th-Fox) CAPITOL— (2,800) (30c-45c-62c) 7 days. Gross: $10,000. (Average, $4,000) "Shadow of the Thin Man" (M-G-M) PALACE— (2,200) (30c-45c-62c) 7 days. Gross: $6,000. (Average, $7,000) "Great Guns" (20th-Fox) "Man at Large" (20th- Fox) PRTNCESS— (2.200) (30c-40c-53c) 7 days. Gross: $5,000. (Average, $2,500) Motion Pictures Leading Army Camp Entertainment (Continued from page 1) of the country has resulted in in- creased business to theatres located in nearby cities, and in some cases to the construction of new houses. Indicative of the extent of Army camp film theatre patronage and the building of houses in industrial de- fense areas, are the following reports from various cities. Tennessee Camp Has 4 Houses for 24,000 Men Nashville, Dec. 14. — Camp For- rest, 75 miles from here at Tulla- homa, Tenn., accommodates 24,000 men, and has four film theatres giving two shows nightly, three on Sunday, and averaging three program changes weekly. Each house seats about 1,200, and the programs generally include features, shorts and newsreels. Ad- mission is 20 cents, and 10 for chil- dren. Attendance is about 30,000 average weekly for the four houses, with each house having five program changes weekly. In Tullahoma, Cumberland Amuse- ment Co., affiliate of Crescent Amuse- ment Co., is building a 1,000-seat house, scheduled to open Jan. 1, which will be the circuit's third house there, charging 25 and 30 cents top, with three changes weekly. Crescent is building a 1,000-seat house in subur- ban Nashville, near two defense hous- ing projects, for the Vultee Aircraft plant. The house is expected to open March 1. New Powder Plant Brings House to Town in Alabama Childersburg, Ala., Dec. 14. — Na- tional defense has led to the establish- ment of the Coosa Theatre, a 1,200- seat house here, where the Govern- ment is building a $75,000,000 powder plant. It is a Martin house, uses cur- rent pictures and changes programs four times a week. Admission prices are 10, 15 and 25 cents for daytime and 10, 15 and 30 cents in evening. The show opens at 1 o'clock and is now giving a midnight show. Some 20,000 persons are engaged in building the powder plant. Fort Des Moines Soldiers Attend Modern Theatre Des Moines, Dec. 14. — The Fort Des Moines Army post located just south of the city has an up-to-date motion picture theatre operated five nights a week, for the benefit of the men at the post. No shows are held on Mondays and Wednesday nights. The theatre seats 390 and only first- run pictures are shown. There are approximately 450 per- manent enlisted men at the Fort and the attendance each night at the thea- tre averages 300. Admissions are 20 cents cash or the men can buy $2 cou- pon books for $1.40 and $3 books for $2.10, thus enabling them to see a show for an admission of 14 cents. Lieut. James H. Coffin is manager, and Private W. H. Woodward his assistant. 1,000-Seat Theatre Used by Air Cadets at Sacramento Sacramento, Dec. 14. — Four thou- sand flying cadets stationed nearby_ at Mather Field, Government flying school, show a preference for Western films. The theatre seats 1,000. Sacramento theatres report a con- tinuation of the heavy business which started last Spring when the Army camp was established. The El Rey Theatre, operated by T. & D. Enter- prises, is being rushed to completion after a fire. Blumenfeld circuit a month ago opened a 600-seat house, the Times, and has been doing con- sistently good business. Minneapolis Arms Plant Results in New Theatre Minneapolis, Dec. 14. — One new theatre is planned here because of de- fense work, at New Brighton, a sub- urb where a $30,000,000 small arms plant is being constructed. Construc- tion has not yet begun on the house. At Fort Snelling, bordering on the Minneapolis city limits, the Post theatre has operated for years. A 573-seat house, it operates at near capacity most of the time, changing pictures four times a week, with single-day runs Friday and Saturday. Runs are generally parallel to and in some case before, "A" runs in the Minneapolis loop. Single admission is 20 cents, but admission by ticket book comes to about 14 cents. Capt. J. A. Free is in charge, with opera- tion by service men. Theatres Function at 2 Army Camps Near Spokane Spokane, Wash., Dec. 14. — Two new theatres are in operation at nearby Army camps. They are man- aged by the U. S. Army Motion Pic- ture Service, with Army personnel operating them at extra pay. They are under the supervision of Lieut. W. T. Lockyer, base morale officer. The one at Geiger field, air base, seats 388, and the other at Fort George Wright, 288. They are open seven nights a week from 6 to 10 P.M., with matinees Saturdays and Sundays. There are two shows per night. Pro- grams consist of a single feature, newsreel and comedy. An occasional double feature bill is shown. Admis- sion is 14 cents by coupon books, or 20 cents straight. Martin Bomber Plant Is Expected to Boom Omaha Omaha, Dec. 14. — While the de- fense boom has just started to hit Omaha, there are no special theatres operating for that reason as yet. The Glenn L. Martin bomber plant, five miles south of South Omaha, is near- ing completion and when in operation will hire 10,000 men. A huge defense plant has just en- tered construction at Wahoo, west of Omaha, expected to benefit theatres at Wahoo and Fremont and also ex- pected to mean the building of at least one other theatre at Wahoo. Fort Oglethorpe's Two Houses Seat About 850 Chattanooga, Tenn., Dec. 14. — Two houses accommodate the 6,000 troops at Fort Oglethorpe, Ga. The older, known as the Sixth Cavalry Theatre, seats 400, and the second, for the 65th Medical Regiment, seats 450, and was opened three months ago. Two shows are run seven nights weekly, 6:15 and 8 P.M., with pro- gram changes five times weekly. Double features are occasionally 'Flying' Draws Gooc $ll,600,Providenc< Providence, Dec. 14. — Four house were holding for a second weel "Keep 'Em Flying" on a dual too $11,600 at the Majestic. Estimated receipts for the wee ending Dec. 3-4: "Suspicion" (RKO) "Unexpected Uncle" (RKO) RKO-ALB77 — (2,239) (28c-39c-50c) 7 dari 2nd week. Gross: $7,500. (Average, 6,1 "Shadow of the Thin Man" (M-G-M) ^ "Miss Polly" (U.A.) LOEW'S STATE— (3,232) (28c-39c-50c) days, 2nd week. Gross: $7,000. (Averagr $11,000) "Keep 'Em Flying" (Univ.) "Moonlight in Hawaii" (Univ.) MAJESTIC— (2,250) (28c-39c-50c) 7 day- 2nd week. Gross: $11,600. (Average, $7,000: "Skylark" (Para.) "Buy Me That Town" (Para.) STRAND— (2,200) (28c-39c-50c) 7 days1! Gross: $7,500. (Average, $6,000) "Marry the Boss's Daughter" (20th-Fox FAY'S— (1,800) (20c-33c-44c) 7 days. Stag show with Elisse Cooper and Her Rhythn Men; Emmett Oldfield; Tack McCoy! Raymond Wilbert; Paul Winick and Edn:j Mae; Jnue Hart; Al Jahns orchestral Gross: $5,200. (Average, $5,000) "Desperate Cargo" (P.R.C.) METROPOLITAN— (3,045) (30c-39c-55c j 75c) 4 days. Stage show with Bill Robin son, Jimmy Lunceford and Orchestra, Jame: Young, Elmer Crumbley, Miller Brother & Lois, Velma Middleton. Gross: $8,500 (Average, $5,000) "You Belong to Me" (Col.) "Mystery Ship" (Col.) Carlton— (1,526) (28c-39c-50c) 7 days, 2n< week. Gross: $1,900. (Average, $3,500) "Honky Tonk" (M-G-M) (3 days) "Married Bachelor" (M-G-M) (3 days) "Weekend in Havana" (20th-Fox) (4 days) "International Lady" (U.A.) (4 days) EMPIRE (1,200) (20c-28c) 2nd run. Gross $1,800. (Average, $1,800) 'Blues' at $19,400 Washington Gross Washington, Dec. 14. — "Birth of the Blues," in conjunction with the usual vaudeville bill, did $19,400 at Warners' Earle. Estimated receipts for the week ending Dec. 2-4: "Nothing But the Truth" (Para.) LOEW'S COLUMBIA— (1,250) (28c-44c) 7 days, return engagement. Gross: $5,500. (Average, $3,500) "Suspicion" (RKO) RKO-KEITH'S— (1,834) (40c-55c) 6 days, 2nd week. Gross: 9,000. (Average, $7,500) "Night of January 16" (Para) (4 days) "They Died With Their Boots On" (W. B.) (3 days) WARNERS' METROPOLITAN — (1,600> (28c-44c) Gross: $4,800. (Average, $4,000) "Rise and Shine" (20th-Fox) LOEW'S CAPITOL— (3,434) (28c-39c-55c- 66c-77c) 7 days. On stage: Jack Durant.' Bobby May, Francis and Grey, Sue Read,. Rockets. Gross: $14,000. (Average, $15,500) "Birth of the Blues" (Para.) WARNERS' EARLE— (2,200) (28c-39c- 55c-66c-77c) 7 days. On stage: Don Arres, Helene Gardner, Briants, Alan Carney, Roxyettes. Gross: $19,400. (Average, $15. 000) "Shadow of the Thin Man" (M-G-M) LOEW'S PALACE— (2,300) (39c-55c) 7 days, 2nd week. Gross: $12,000. (Average, $12,000) shown, and the films alternate between the houses. Generally they are shown at the fort three months after local theatres. Soldiers pay 20 cents, or with coupon books, about 14 cents for admission. Programs include feature, shorts and newsreels. Comedies and cartoons are the favorites. The post is eight miles from here, with bus service bringing hundreds into the city daily to patron- ize the city's three first-run and 10 second-run houses. Recently the sol- dier patronage has been increased with Coast Guard officers and enlisted men in training at the new Coast Guard Depot at Lake Chickamauga, near here. H>nda\. December 15. 1M41 Motion Picture Daily nbc Artists' Units Sold to 4 Executives (Continued from page 1) Levine, managing director of the NBC ioncert service. Noran Kersta, now sales head for television, will succeed Morton manager of that division. The tale and Kersta's new assignment be- jeme effective Jan. 1. Disposal of he services follows criticism by the ?CC in its monopoly report. CBS sold its corresponding services last "August. A new company will be formed, the National Concert and Artists Corp., .vith offices at 711 Fifth Avenue and ■j'branch offices in Chicago, Hollywood H-i'biid San Francisco. Civic Concert Service will become a wholly-owned subsidiary of the new company. In the new setup, Tuthill will be manager of the popular division ; . Levine will be in charge of the concert ■, department ; Bottorff will continue as "president of the CCS. and Morton >\ ill become chairman of the board pf the subsidiary. 1 Terms of the sale were not an- nounced, although it is understood that the purchase price will be paid, tat least in part, from profits from 1 operations. Approximately 400 artists r are involved in the deal. S. Hurok Attractions, Inc., which has given XBC exclusive booking rights to all concert artists managed by Hurok, will continue with the new company. -Screen Guild Show Renewed by Gulf Oil iJ Gulf Oil Co. has renewed "Screen (luild Theatre" through April 19 on . CBS. Since the sponsor pays the Motion Picture Relief Fund $1 0.000 weekly and all performers contribute their services, the total contributed l !)to the Fund will mount to $1,120,000. President Will Have Censorship Right (Continued from pat/e 1) necessitated by technological develop- ments of the past quarter century. It is probable also that quick action j will be taken on draft legislation , which will require the registering of all men between the ages of 18 and 65 and under which an Army of many milion men will be raised. CBS, NBC Prepare Theatres for Raids CBS and NBC have installed emergency equipment in their radio playhouses for black- outs and raids, it was revealed at the meeting of theatre managers at Loew's Ziegfeld Friday. Two stretchers, cots for those who become ill, and an emergency supply of drinking water should the blackout be of great duration are pro- vided. Ushers have white arm bands and are equipped with white-painted pails of sand. Dressing-room windows have been covered with opaque paint. Off the Antenna KXX, the CBS station in Hollywood, will stage a "full-dress rehearsal" blackout drill tonight. All glass brick walls have been covered with opaque paint and corridor windows have also been blacked out. The station will operate, during the rehearsal, on power from an emergency generator. On the assumption that telephone communication may be disrupted, the programs will be sent from studios to transmitter by short-wave radio, and the trans- mitter, too, will operate on power from an emergency unit. All activities w ithin the studio will be conducted with light from candles and oil lamps. • • • Purely Personal: Richard G. Spencer, editor of the NBC-Red Netivork Xcii-s, a publicity sheet, has been nanud photo editor and Sid Desfor has been named head photographer. . . . Irving Caesar, who lias been- composing and singing safety songs for children on IVOR, is now "writing tunes called ' When You Hear the Sirens Blow." . . . Cliff IJ'iJIiams and Wayne Nelson have joined the WIND, Chicago, announcing staff. • • • Mutual on Friday reduced operations to 18 hours daily. • • • WEAF and WJZ have set aside specific periods daily for the dissemina- tion of information to the general public and volunteer workers on war problems. It is intended that by scheduling the periods in advance, workers will be able to tune in for instructions from any convenient radio set, without disrupting their regular schedules. On WEAF, the periods will be from 5:45-5:55 P.M.. Mondays through Fridays; 5:00-5:05, Saturdays, and 11:45- 11:50 A.M. Sundavs. WJZ will broadcast these programs from 12:15- 12:20 P.M. Mondays through Fridays; 6:25-6:30 P.M. Saturdays, and 11:10- 11:15 A.M. Sundays. If necessary, it was added, Red and Blue network periods would be added. • • • Cecil H. Hackett, WINS managing director, announced over the weekend that he had secured permission from all sponsors on the station for the inser- tion of defense bond announcements during commercial programs. • • • NBC-Red over the weekend issued a new rate card. The card lists many technical improvements installed by Red affiliates. Costs are broken down by the zones and C. B. C. services are also shown. The new card is accompanied by a brochure. NAB Asks Foreign Shows Be Continued Washington, Dec. ance of foreign languaf American broadcastini 14. — Continu- e broadcasts by stations was strongly advised over the weekend by the National Association of Broad- casters. To end them at this time would "tend to demoralize large seg- ments of our population," a special NAB bulletin warned. "We believe it is of greatest im- portance that these people, who can best be reached in languages other than English, be kept reliably in- formed of developments as well as entertained, lest they turn to short wave propaganda of the enemy," said the bulletin. "A Government committee is inves- tigating the subject. We expect the policy of the Government will be to continue foreign language broadcasts. Stations will be immediately informed of any developments." In airing such programs, broad- casters were urged to follow these precautions : Positive establishment of the integ- rity and loyalty of writers and an- nouncers ; a double check in advance of all translations ; careful preserva- tion of either script or recording of each broadcast. The NAB pointed out that an esti- mated 15,000,000 persons can be reached most effectively by foreign language broadcasts. About 200 sta- tions over the United States broadcast foreign language programs. Heads Ottawa Cine Club Ottawa, Dec. 14. — Watson Balhar- rie has been elected chairman of the board of the Ottawa Cine Club. Di- rectors are : Dr. R. Payfer, vice- chairman ; Dr. W. G. McGregory, secretary-treasurer, H. Sedziak, and his son, Pearson Sedziak. Open Kelly Field House Sax Antonio, Dec. 14. — The com- pleted Kelly Field Theatre has opened near here, with 1,038 seats Webs' Action Against FCC Off to Jan. 12 Trial of the injunction suit brought by CBS and NBC against the FCC to restrain enforcement of the new network rules was postponed Friday until Jan. 12 by a U. S. statutory court composed of Circuit Judge Learned Hand and Federal Judges Henry W. Goddard and John Bright. The trial was scheduled to start today. The postponement, which was op- posed by FCC Attorney Thomas E. Harris, was granted at the request of Charles Evans Hughes, Jr., attorney for CBS. Hughes explained he had been retained only three weeks ago and the sudden outbreak of the war had prevented any conferences with network officials. John T. Cahill, NBC attorney, joined in the request. Harris asked that a stipulation signed previously, which postpones en- forcement of the new network rules until a decision is reached in this case, be vacated. Harris asserted that the stipulation had been signed with the understanding that the case would proceed to trial on Dec. 15. However, the court denied this request. Also denied was a request of the American Civil Liberties Union for permission to file a brief as a friend of the court. The ACLU is under- stood to favor the new rules because, in the organization's opinion, they will promote competition and therefore aid free speech. DEVIL PAYS OFF WILLIAM WRIGHT, as Chris, and MARGARET TALLICHET, as Joan, get together in a spy-hunt . . . and love. Buy, U. S. Defense Bonds 8 Motion Picture Daily Monday, December 15, 1941 Review "Red River Valley" {Republic) 'T"v HE homecoming of Roy Rogers and his company of musicians (the Sons of the Pioneers) occasions a celebration in the town of Red River, during which outlaws in cahoots with one on the inside depart with the funds for the completion of the all-important dam. The plot, which is suspended at times for musical interludes by Rogers and com- pany, is concerned with investigation of the matter and an assortment of battles and chases all leading to the capture of the persons responsible. Splendid photography, a good job of direction, especially the staging of the action scenes, standard performances and nicely handled musical numbers combine to make "Red River Valley" effective entertainment for Western audiences. The cast includes with Rogers and the "Pioneers" George "Gabby" Hayes, Sally Payne, Trevor Bardette, Gale Storm, Robert Homans and Hal Taliaferro. Joseph Kane was associate producer and director. Running time, 62 minutes. "G."* Eugene Arneel 'York' Takes Good$21,000, Boston Lead Boston, Dec. 14. — Grosses were only fair, with "Sergeant York" at the Metropolitan taking the lead with $21,000. Estimated receipts for the week ending Dec. 3-5 : "Week-End for Three" (Univ.) KEITH BOSTON — (2,697) (30c -40c -44c- 55c -65c) 7 days. Vaudeville, including Mar- tha Raye. Gross: $13,400. (Average, $8,000) "Suspicion" (RKO) "Moonlight in Hawaii" (Univ.) KEITH MEMORIAL— (2,907) (30c-40c- 44c-55c) 7 days, 2nd week. Gross: $16,000. Average, $16,000) "Sergeant York" (W. B.) METROPOLITAN— (4,367) (28c-44c-50c- 75c) 7 days, at advanced prices. Gross: $21,000. (Average, $15,500) "I Wake Up Screaming" (20*h-Fox) "We Go Fast" (ZOth-Fox) PARAMOUNT— (1,797) (28c-30c-40c-55c) 7 days. Gross: $9,500. (Average, $7,500) "I Wake Up Screaming" (20th-Fox) "We Go Fast" (ZOth-Fox) FENWAY— (1.320) (28c-30c-40c-44c-55c) 7 days. Gross: $4,800. (Average, $4,500) "Birth of the Blues" (Para.) "Among the Living" (Para.) SCOLLAY— (2,500) (28c-30c-40c-44c-55c) 7 days, 3rd run. Gross: $3,900. (Average, $4,000) "Shadow of the Thin Man" (M-G-M) "Naval Academy" (Col.) LOEWS STATE— (3.000) (30c-40c-44c- 55c) 7 days. Gross: $14,300. (Average, $12,- 000) "Shadow of the Thin Man" (M-G-M) "Naval Academy" (Colo.) LOEWS ORPHEUM— (2,9CO) (30c-40c- 44c-55c) 7 days. Gross: $18,900. (Average, $17,500) War News Dampens Baltimore Grosses Baltimore, Dec. 14. — Business made a substantial start over the weekend until war news broke. At- tendance then took a decided slump. "Keep 'Em Flying" took $9,000 at Keith's. Estimated receipts for the week ending Dec. 11 : "Sundown" (M-G-M) CENTURY— (3,000) (28c-44c) 7 days. Gross: $10,000. (Average, $10,000) "Keep 'Em Flying" (Univ.) KEITH'S— (2,406) (15c-28c-33c-44c) 7 days, 2nd week. Gross: $9,000. (Average, $8,000) "Swamp Water" (20th-Fox) NEW— (1,581) (15c-28c-35c-55c) 7 days. Gross: $6,000. (Average. $7,000) "Maltese Falcon" (W. B.) STANLEY— (3,800) (15c-28c-39c-44c-55c) 7 days. Gross: $10,500. (Average, $12,000) "The Men in Her Life" (Col.) HIPPODROME— (2,205) (15c-28c:39c-44c- 55c-66c) 7 days. Stage show, including Milt Hertha Trio; Jerry Cooper. Gross: $13,000. (Average, $14,000) 'Glamour' and Show Lead in New Haven New Haven, Dec. 14. — "Glamour- Boy," plus a stage show featuring Jimmy Lunceford's band and Bill Robinson, drew §8,500 at the Para- mount, comparatively the best gross. Estimated receipts for the week ending Dec. 1 1 : "The Men in Her Life" (Col.) "Texas" (Col.) COLLEGE— (1,627) (40c-50=) 7 days, 2nd week. Gross: $2,000. (Average, $2,700) "Twc-Faced Woman" (M-G-M) "Man at L^rge" (ZDth-Fox) LOEWPOLI— (3,005) (40c-50c) 7 d:iys. Gross: $11,500. (Average, $8,000) "Clamour Bey" (Para.) PARAMOUNT — (2,373) (50c-65c) 7 days. Stage show: Lunceford band and Bill Rob- inson. Gross: $8,500. (Average, $4,500) "Lydia" (U. A.) "Parachute Battalion" (RKO) ROGER SHERMAN— (2,076) (40c -50c) 7 davs. Gross: $4,800. (Average, $5,000) *"G" denotes general classification. Altec Closes Deal Altec Service Corp. has closed a deal for sound and repair-replacement service with Intermountain Theatres at Salt Lake City, covering five thea- tres. Blondin Rites Today Ottawa, Dec. 14. — Funeral ser- vices will be held here tomorrow for Emile Blondin, 48, ticket taker at the Francais Theatre, who died Thursday night. 'Flying' Draws Big $12,000, Milwaukee Milwaukee, Dec. 14. — "Keep 'Enr Flying" and "Father Takes a Wife" drew $12,000 at the Warner. Season's first cold wave cut grosses. Estimated receipts for the week ending Dec. 10-12 : "Rius and Shine" (2ttth-Fox) "The Parson of Panamint" (Para.) PALACE— (2,400) (44c-55c) 7 days. Gross $4,1C0. (Average, $4,000) "You Belong to Me" (CoL) "Great Guns" (2»th-Fox) STRAND— (1,400) (44c-55c) 7 days. Gross $1,700. (Average, $1,500) "Shadow of the Thin Man" (M-G-M) "Small Town Deb" (2©th-Fox) WISCONSIN— (3,200) (44c-55c) 7 days Gross: $7,500. (Average, $5,500) "Citizen Kane" (RKO) RIVERSIDE— (2,700) (33c-44c-55c) 7 day^ 2nd week. Stage: "The Gay 90's." Gross $8,700. (Average, $6,500) "Keep 'Em Flying" (Univ.) "Father Takes a Wife" (RKO) WARNER— (2,400) (33c-44c-55c) 9 days Gross: $12,000. (Average, $4,500) Richmond to Mono. Hollywood, Dec. 14. — Ted Rich- mond, after producing five pictures foi Producers Releasing Corp., has signec as a Monogram associate producer. "Entertainment ONLY is Theatres* Policy" SAYS MOTION PICTURE DAILY Here's Universalis tonic for the gala winter sports and holiday season! DATE IT NOW! Alert, tion Picture Industry MOTION PICTURE DAILY -J V LI, First in and Impartial m 50. NO. 118 NEW YORK, U.S.A., TUESDAY, DECEMBER 16, 1941 TEN CENTS Open Defense Case in Minn. Criminal Trial State Rests in First Day Of 5-Block Action Minneapolis, Dec. 15. — With the opening of trial of criminal actions against Paramount, RKO and 20th Century-Fox for alleged violations of the Minnesota anti-block-of-five law nere today the state completed its opening and the defense began its case. Attorneys predicted that the defense Avould require two weeks to present their case and arrangements have been n.ade with Judge Albin S. Pearson to continue through this week and then adjourn until after the holidays. The defense waived a jury trial. In the court room at the opening of 'the trial were Herman Wobber, 20th Century-Fox general sales manager ; Xeil F. Agnew, vice-president and distribution head of Paramount ; Col- onel Jason Joy. 20th Century-Fox I studio personnel head and scenario di- ll rector; Louis Phillips, Paramount home office attorney; William Zim- (Continued on page 6) Schenck Appoints 'Dimes' Chairmen National March of Dimes head- quarters has been established in the Hotel Astor here, and Nicholas M. Schenck, national chairman of the film industry's committee for the 1942 drive, has completed the organization of state chairmen. "The prompt and enthusiastic re- sponse encourages me to feel that our drive in January will be an outstand- ing success and a great factor in the fight against infantile paralysis," Schenck said. C. C. Moskowitz, co-chairman of the film committee, announced yester- day that Clark Gable has volunteered his services in the making of the of- (Continued on page 6) St. Louis Clearance Complaint Dismissed St. Louis, Dec. 15. — The clearance complaint of Victor Thien, owner of the third-run Palm Theatre here, against Paramount and 20th Century- Fox, was dismissed in an award enter- ed at the local board today by J. Wes- ley_ McAfee, arbitrator. The com- plaint was the first of record here. In his opinion, McAfee held that the 21 days clearance of St. Louis (Continued on page 7) War Information Under FDR to Be Revamped, Report Washington, Dec. 15. — A general shakeup of President Roosevelt's de- fense information setup to put it on a war basis is rumored here to be in the making, but officials who would be concerned tonight refused comment. It is reported that in the reorgan- ization John Hay Whitney, head of the film division of the Office of Co- ordinator of Inter-American affairs, would take over some of the duties of the Office of Facts and Figures, now headed by Archibald MacLeish, and that MacLeish would be given a new post. No confirmation of these reports could be obtained tonight, but that a general shakeup of the defense infor- mation setup is in the offing appeared creditable in view of the possible cen- sorship which may be adopted under the legislation now pending to revive the wartime powers of World War President Woodrow Wilson. CBS Employes Get Salary Increases All CBS employes earning up to $75 weekly have been granted auto- matic increases ranging from $104 to $221 annually, it was announced yes- terady by William S. Paley, president. The increases will go into effect Jan. 4 and affect all employes except those covered by union agreements and those who have received salary adjustments since Oct. 1. Each employe earning no more than $75 weekly will receive 10 per cent of the first $30 of his salary ; iy2 per (Continued on page 7) Paramount Theatre Starts Raid Drills In cooperation with the New York Civilian Defense organization, the New York Paramount, under the direc- tion of Robert M. Weitman, managing director, has start- ed intensive training of its staff of 160 to prepare for any emergency. Do's and Don'ts for the protection of patrons have been posted at strategic points in the theatre. Similar procedure will be followed at the theatres throughout the country owned directly by Paramount or affiliated with it, it was announced. Radio Setup To Remain in Private Hands Washington, Dec. 15. — Reten- tion of broadcasting facilities in private hands and as little interfer- ence with their operation as possi- ble is contemplated in the Adminis- tration's plan for war-time radio, it was asserted today by James L. Fly, chairman of the Defense Com- munications Board. However, Fly said, the war will raise new and serious prob- lems for the industry, and al- ready has done so on the West Coast. "I need not tell you that the DCB is simply not going into censorship," (Continued on page 7) Test Raid for Newsreels Clears Broadway Quickly Discuss Newsreel War Regulations War time regulations for the news- reels were discussed officially for the first time yesterday at a meeting of heads of the reels with Col. Mason Wright of the Army Intelligence De- partment at the Hotel Warwick here. The entire situation was canvassed in general discussions but no definite decisions were reached and no formal regulations were made known. Addi- tional meetings will be held from time (Continued on page 6) By EUGENE ARNEEL A test air raid alarm was sounded in the Times Square area of Manhat- tan at 10:10 A. M. yesterday and within three minutes the city's most congested thoroughfare — Broadway between 43rd and 46th Streets — was cleared of all pedestrians and vehicu- lar traffic was brought to a standstill. The drill was staged by the city expressly for the newsreels, the films designed to acquaint the public with the steps to be taken in the event of a raid. Cameramen were stationed in the Times Building awaiting the call. The alarm took Broadway by sur- (Continued on page 6) Management Officials to Be On U.A. Board Name Rafter y Chairman; Hold Production Plans Hollywood, Dec. 15. — United Artists owners have relinquished their places on the company's board of directors to manage m e n t officials in or- der to concen- trate on pro- duction activi- ties, it was an- nounced here today at the close of a four-day meet- i n g- of the owners and company exec- utives. Edward C. Raftery, presi- dent, was elected chairman of the board. Other new directors include Gradwell L. Sears, vice-president ; Arthur W. Kelly, vice-president and chairman of the finance committee ; Laudy Lawrence, vice-president and (Continued on page 6) Edward C. Raftery BVay Gross Shows Slight Improvement Broadway grosses showed a slight improvement over the weekend, indi- cating, say the theatre managers, that the public is gradually adjusting itself to the sudden change of events. Show- men yesterday expressed the belief that business will return to normal in time. At the Paramount, the new Bing Crosby-Mary Martin musical, "Birth of the Blues," with Orrin Tucker's orchestra on the stage, grossed an es- timated $20,000 Saturday and Sunday. Business for the first week which ends (Continued on page 3) Studios Inaugurate Daylight Operations Hollywood, Dec. 15. — All studios, for the first time, today started at 8 A. M. and closed at 5 P. M., with no grumbling or effects on studio op- erations noted. The area continued in a partial blackout. Warners zoned its studio and ap- pointed air raid wardens to see that (Continued on page 6) 2 Motion Picture Daily Tuesday, December 16, 1 9-4 i Coast Flashes Hollywood, Dec. 15 COLUMBIA announced today that cash bonuses in ratio to years of service will be paid employes vol- unteering for military service. • . The final report of the film division of the Los Angeles Community Chest will be made by Louis B. Mayer, chairman, tomorrow noon at the Bilt- more Hotel. Mayor Bowron and civic leaders will attend. • Edmund Goulding and a volunteer cast worked through Sunday to com- plete the fifth sequence of "Forever and a Day," which Sir Cedric Hard- wicke is producing for American and British war charities. U. S. entry into the war has caused some script revi- sions. The start of the sixth and final sequence will follow completion of these changes. Additional talent will, be enrolled, all contributing their services, and the roster will reportedly include virtually all marquee names in films. • Delegations from all studio art de- partments met tonight at the Academy of M. P. Arts and Sciences headquar- ters and conferred with Capt. George Hazenbush, commanding officer of the Camouflage Section, 604th Engineers. Voluntary collaboration by the indus- try for camouflaging aircraft plants, hangars and military objectives of all kinds in view of possible attack was discussed. NEW YORK THEATRES RADIO CITY MUSIC HALL 50th St. &. 6th Ave. LORETTA YOUNG "THE MEN IN HER LIFE" A Columbia Picture ON STAGE : ''DO YOU REMEMBER"— Rus- sell Markert's bright colorful revue. Symphony Orchestra under the direction of Erno Rapee. 1st Mezzanine Seats Reserved Circle 6-4600 BING MARY CROSBY MARTIN in Paramount's 'BIRTH OF THE BLUES" IN PERSON ORRIN TUCKER and Band featuring WEE BONNIE BAKER PARAMOUNT ™ SQUARE Jack OAKIE Linda DARNELL George MURPHY Milton BERLE Walter BRENNAN 'RISE and SHINE' PLUS A BIG STAGE SHOW Pft W 7th Ave. RVA I & 50th st. B WAY & 47th St. PALACE STARTS TOMORROW Cary Grant — Joan Fontaine "SUSPICION" 20th Century-Fox presents "HOW GREEN WAS MY VALLEY" United n I \# ^\ I I Broadway Artists HIT \J LI at 49th St Continuous Pop. Prices. Midnight Shows Personal Mention HERMAN ROBBINS, head of National Screen Service, is a grandfather. A daughter, Susan, was born on Saturday at Woman's Hospital, to Mrs. Allan Robbins, wife of the NSS executive's eldest son. It is their first child and Ropbin's first grandchild. • Nat Rubin, manager of the Lyric, Bridgeport, Conn., has been called to Washington, where his mother is ill. • Charles Stephenson, veteran Can- adian manager, has returned to the Century Theatre, Kitchener, Ont., af- ter recovery from a long illness. • Nat Cohen, publicity director of the Weilland-Lewis Theatres, Atlantic City, has returned with his wife from a motor trip to Canada. • Louis Lavorgne, projectionist at the Lincoln, New Haven, is the father of a boy, Paul, born at St. Raphael's Hospital. JT V. RICHARDS, president of *— Paramount - Richards Theatres, Inc., New Orleans, has turned over his two private yachts to the United States Coast Guard. • Dave Fleischer has recovered from his injuries and plans to return to California next week. • A. L, Pindat of Republic visited in Cincinnati over the weekend. • Hugh Thornton, manager of War- ners' Metropolitan Theatre, Chicago, is in the Provident Hospital there for a checkup. • Morton Goldstein, after a period in the Army, has returned to the Colum- bia sales staff in Philadelphia. • Mrs. Harry Weiner, wife of the Columbia branch manager in Philadel- phia, is recuperating after an opera- tion at the Jewish Hospital, Phila- delphia. Israels Married To Ruth Goldstein Carlos Israels, attorney, former counsel to Roxy Theatre security holders and unsecured bondholders of RKO, was married on Saturday to Ruth Goldstein. The ceremony was attended by a small group of family and friends. The couple will reside in New York. Israels is now among counsel for Associated Gas and Electric Co. Theatre Rally Nets $70,000 for Relief One thousand persons representing all branches of the legitimate theatre at a rally at the Hudson Theatre yes- terday heard speakers appeal for $100,- 000 to start the Theatre Wing War Service. A total of $70,000 was pledged by 140 of their number. The organization will coordinate all the theatre's war relief and other war ac- tivities. Rachel Crothers is president. 5 SERVICES DAILY VIA THE SOUTHERN SUNSHINE ROUTE TO Los Angeles (Two Sections) PlMNSIAM* SOUTHERNER Tttt SUN SPKIM. At. Los Angeles • Lv. New Ypfworth' Ar.Los Angeled • ■ At. Los Angeles • At. Los Angeles ■ a /1-45 Ptn 4.}0pmand4. m 1:28 am and £ am 7.47 am and »•«*' 5:25 pro 2:55 am 9.47 am 10:55 pro 8:52 am 4:02 pro 6:30 aro 4:58 pm 1:26 am Pepper Lauds Film Efforts for Morale Philadelphia, Dec. 15. — Unite] States Senator Claude Pepper of Flo ida last night lauded the motion pi; ture industry "in arming America wit a spiritual front for the struggle 1 come," in an address at the sevent annual banquet of the local Variel Club. The banquet, at the Bellevue-Sl^t ford Hotel, was attended by aMf 1,000 industry members. The part m< tion pictures are playing in buildin public morale also was extolled b Capt. Farrell Drew of the Britis warship Manchester. All the speech-making carried a s< nous tone. Other speakers, all toucl ing on the present emergency, includt Federal Price Administrator Lec Henderson, Chief of Civilian Healt Program John B. Kelly, Gov. Walt< Bacon of Delaware, Mayor Bernai Samuels of Philadelphia, and Williai McCraw, former Attorney General ( Texas. James J. Walker was toas master. The highlight of the evening wJ the presentation of a $4,000 check 1 Dr. Alexander J. Stoddard, Superii tendent of Public Schools, for use i the treatment of paralysis victims. Tl presentation was made b" Edgar Mos newly-elected chief barker. Others on the dais included Josej Bernard, ex-Governor Harold I Hoffman of New Jersey, Harry Ka mine, Mayor George B runner of Can den, N. J., Ted Schlanger, Mac G01 don, Abe Montague, Rev. Sylvestt McCarthy, James P. Clark, Williai J. Clark, Postmaster Joseph J. GaE lagher of Philadelphia, Paul Terr- Max Weisfeldt, Rube Jackter, Lou Astor, Arthur Silverstone and Davi E. Weshner. Rabbi Louis Wolse pronounced the invocation. AMERICAN AIRLINES 4Ja\, December 16. 1941 Motion Picture Daily 3 Review "Riot Squad" (Monogram) Hollyzvood, Dec. 15 "V/f ONOGRAM'S "Riot Squad" is a melodramatic story of a young doctor who joins a gang of criminals as their physician in order to trap them for the police. Due to his oath of secrecy he is unable to tell his fiancee of the plan and his private life becomes entangled with his public service. Richard Cromwell enacts the role of the doctor ; Rita Ouigley, his fiancee ; John Miljan, the leader of the gang, and Mary Ruth, a little girl whose actions supply some of the motivation. Others in the cast are Herbert Rawlinson. Mary Gordon, Donald Kerr, Jack C. Smith. Richard Clarke, Noel Cravat, Arthur Space and Spraky, the dog. Edward Finney produced and directed the picture, he being hampered, along with the cast, by an inept screenplay and large portions of stilted dialogue replete with cliches. The title has little connection with the story. Running time, 60 minutes. "G."* Vance King BVay Gross Shows |S light Improvement Some Key Cities Off (Continued from page 1) tonight is expected to reach an estim- ated $42,000. It continues. I The Radio City Music Hall show, '"'The Men in Her Life," with the stage .presentation, brought an estimated fc-J,000 Thursday through Sunday. ^Ke show will finish a week's run to- morrow night to be replaced Thurs- day by "H. M. Pulham, Esq." and the annual Christmas stage presentation. M-G-M's "Babes on Broadway" will (be the Music Hall's New Year's at- traction, scheduled to open Dec. 31. 'Rise and Shine,' $14,700 [ "Rise and Shine" in its second week at the Roxy with a stage show drew an estimated $14,700 Friday through Sunday. "Confirm or Deny" goes in Thursday. "Blues in the Night" and i Count Basie's orchestra gave the Strand an estimated $19,500 Thursday through Sunday. The show starts a . isecond week Thursday. "The Feminine Touch" grossed an estimated $7,800 at the Capitol Thurs- day through Sunday and will be re- placed Thursday by "Kathleen," the new Shirley Temple picture. "How Green Was My Valley," now in its > seventh week at the Rivoli, garnered an estimated $9,200 Friday through Sunday. At the Astor, "The Chocolate Sol- dier," also playing a seventh week, did 1 an estimated $9,200 Friday through Sunday. "Swamp Water" brought the ; Globe an estimated $1,800 Saturday and Sunday and concludes its fifth and final week Friday night. War Aggravates Pre-Christmas Slump Reports from various sections of the ! county continued to indicate for the most part sharply depleted grosses as j a result of the war and blackout sit- uation, with the annual Christmas -lump also a factor. The blackout depression caused three houses in San Francisco to close. The legitimate Alcazar may reopen . after the holidays, the subsequent run ' burlesque house, the President, has i been closed indefinitely, and the Cali- fornia, Fox West Coast house, prob- ably will reopen as the State after remodeling. Nightly blackouts in the Pacific Northwest have been discontinued by the Army, with all theatres and radio -rations resuming regular operation. However, theatre business remained well below normal levels over the weekend. New Orleans houses reported a 20 j per cent drop since the outbreak of I war. A blackout test in Rochester found theatres prepared with all staffs instructed in procedure. The usual pre-Christmas slump in the Cincinnati trade area has been ac- centuated this year by the war situa- tion. Suburban and neighborhood houses have been most seriously af- fected, with reports ranging from a 20 to 60 per cent decrease to "busi- ness being demoralized." In Nor- wood, O., the closing of the Chevro- let and Fischer Body plants has re- sulted in declining grosses. Business began picking up over the weekend in the Albany-Troy- Schenec- tady area.^after having been as much as 60 to 75 per cent below normal. *"G" denotes general classification. 'Suspicion' Holds Pace in Cleveland Cleveland, Dec. 15. — "Two- Faced Woman" at Loew's State and "Sus- picion" in its second week at the Al- len shared honors here, earning $15,- 500 and $7,000 respectively. Estimated receipts for the week ending Dec. 4-5 : "Suspicion" (RKO) ALLEN— (3,000) (33c-39c-47c) 7 days, 2nd week. Gross: $7,000. (Average, $4,000) "Keep 'Em Flying" (Univ.) WARNERS' HIPPODROME — (3,800) (33c-39c-47c) 7 days. Gross: $12,000. Aver- age, $11,000) "Yank in the R. A. F." (ZOth-Fox) WARNERS' LAKE— (900) (33c-39c-47c) 7 days, 3rd week. Gross: $1,600. (Average, $1,500) "Ladies in Retirement" (Col.) RKO PALACE— (3,100) (40c-60c-55c) 7 days. Stage: Ella Fitzgerald's band, Four Ink Spots. Gross: $17,000. (Average, $15.- 000) "Two-Faced Woman" (M-G-M) LOEW'S STATE— (3,500) (33c-39c-47c) 7 days. Gross: $15,500. (Average, $11,000) "Shadow of the Thin Man" (M-G-M) LOEW'S STILLM AN— (1,900) (33c-39c- 47c) 7 days, 2nd week. Gross: $6,500. (Av- erage, $4,000) Omaha Gives 'York' Good $9,700 Gross Omaha, Dec. 15. — At die Para- mount "Sergeant York" grossed $9,700 at increased prices. The weather was clear and cold. Estimated receipts for the week ending Dec. 10-11 : "Lock Who's Laughing" (RKO) "Lady Scarface" (RKO) BRANDEIS— (1,200) (30c-44c) 7 days. Gross: $4,300. (Average. $4,000) "Two-Faced Woman" (M-G-M) "Man at Large" (20th-Fox) OMAHA— (2,000) (30c-44c) 7 days. Gross: $6,100. (Average. $6,000). "Rise and Shine" (ZOth-Fox) "Mcon Over Her Shoulder" (20th-Fox) ORPHEM— (3,000) (30c-44c) 7 days. Gross: $7,200. (Average, $7,000) "Sergeant York" (W. B.) PARAMOUNT — (3,000) (40c-55c) 7 days. Gross: $9,700. (Average, $6,000) Para. Retires Last Of Debenture Issue Paramount retired the last of its 3l/i per cent debentures last weekend by purchasing out of its excess cash $1,336,300 of the debentures which re- mained outstanding at the termination of the company's exchange offer. During the exchange period, $11,- 344,700 of the debentures were offered in exchange for Paramount's new four per cent debentures due in 1957. To Exempt British Studio Technicians London, Dec. 15. — The Ministry of Labor has agreed to accept the find- ings of the manpower committee on production personnel, which is expect- ed to insure a protective minimum of technicians and labor for British stu- dios. The chief recommendation was that all technicians and skilled workers over 25 be exempt from military ser- vice, while certain classifications, where women may replace men, are open to negotiation. It was agreed that where possible women will be trained to replace men. Approximately 400 key technicians of military age will be exempt. The Labor Ministry agreed also not to do anything which would reduce the present volume of production or total of personnel employed, but it is said this is open to revision if the demand becomes acute. The Ministry likewise will not condone the employment in the industry of women registered for war work. Producers md unions have indicated their satisfaction with the Ministry's position. The manpower committee was ap- pointed to investigate the actual per- sonnel needs of the production branch of the industry following urgent trade pleas to the Government that the call- ing for military service of an unlim- ited number of technicians would ser- iously hamper the work of production. Home Publicity Staff ToHandle USO Shows The Hal Home publicity organi- zation has agreed to make available to USO — Camp Shows, Inc., members of its staff and its facilities for publicity and exploitation work on a non-profit basis, it was announced. The organization will cooperate with Oscar Doob of Loew's who is serv- ing as national director of public re- lations for USO — Camp Shows. The present publicity staff of the service entertainment organization will be transferred to Home's headquarters. USO — Camp Shows is completing arrangements for holiday entertain- ment at camp theatres, with all 11 touring shows to be used. Shortly after the first of the year some 15 additional shows will begin touring an added circuit of 150 camps, making a total of 215 camps served. Studios Have 48 Pictures Now Shooting Hollywood, Dec. 15. — Forty-eight pictures were before the cameras this week, as five were finished and nine started. The tally by studio : Columbia Finished : "After the Alamo." In Work : "Trinidad." Started: "Blondie Greets a Guest." "Canal Zone." Korda (U.A.) In Work: "To Be or Not to Be." M-G-M In Work : "I Married an Angel," "Mrs. Miniver," "Rio Rita," "I'll Take Manila," "Out of the Past," "This Time for Keeps," "Tortilla Flat," "The Courtship of Andy Hardy," "Along came . . . Murder," (form- erly "Then There Were Two."). Monogram Finished: "Man from Headquar- ters." Started: "Below the Border," "Frontier Law." Producers Releasing Started : "Broadway Bigshot." Paramount In Work : "The Palm Beach Story," "Take a Letter, Darling," "Holiday Inn," "Mr. and Mrs. Cugat," "My Favorite Blonde," "American Em- pire," "Out of the Frying Pan." "This Gun for Hire." RKO In Work : "Powder Town," "The Mayor of 44th Street," "The Tuttles of Tahiti," "The Magnificent Amber- sons," "Lum and Abner No. 2." Republic Finished: "Pardon My Stripes," "Cowboy Serenade." In Work : "Riders of the Sunset Trail," "X Marks the Spot." Roach (U.A.) In Work : "Cubana." Started : "About Face." 20th Century-Fox Finished : "Roxie Hart." In Work: "This Above All," "Rings on Her Fingers," "Moontide," "Not for Children," "Tales of Man- hattan," "To the Shores of Tripoli." Started : "The Night Before the Divorce." Universal In Work : "You're Telling Me" (formerly "Temporarily Yours.") Started : "Drums of the Congo," "The Mystery of Marie Roget." Warners In Work : "Yankee Doodle Dandy," "In This Our Life," "Larceny, Inc.," "Juke Girl," "Arsenic and Old Lace." 'Gesture' Opens at Astor on Xmas Day "The Shanghai Gesture," Arnold Pressburger production for United Artists release, will open at the Astor Theatre on Broadway on Christmas Day, it was announced yesterday by United Artists. The engagement will be on a continuous showing basis. Rylander Joins Columbia Al Rylander, formerly with the Tom Fizdale publicity organization, will join the Columbia exploitation staff assistant to Frank P. Rosenberg. and you'll kei w is happy to contribute impr i MARCH ROBERT BENCHLE1 Screen play by Richard Flournoy • Story by Horace Jackson and Grant Garrett • Directed by ALEXAND! WITH n working...fighting.../^i^^/ jVLLYN JOSLYN * EVE ARDEN * HELEN WESTLEY liLL Produced by B. P. SCHULBERG • A COLUMBIA PICTURE 6 Motion Picture Daily Tuesday, December 16, 19 Test Raid for Newsreels Clears Broadway Quickly Management Officials to Be On U.A. Board (Continued from page 1) executive coordinator, and George Bagnall, vice-president and chairman of the product committee. Harry Buckley and Harry Gold were not re- elected vice-presidents. Suspend Production Plan At the same time, it was announced that the company has suspended its plans for actively participating in pro- duction itself, but that United Artists Productions, Inc., successor to the Walter Wanger company, will con- tinue to be available for production setups such as the current Ernst Lubitsch filming of "To Be or Not to Be." The product committee was made a "permanent part of the United Artists organization" and will handle all deals for United Artists release. In addi- tion to Bagnall, members of the com- mittee are Kelly, and attorneys Daniel T. O'Shea and Loyd Wright. Head- quarters will be maintained here and Kelly will divide his time between here and New York integrating pro- duction and release schedules. Reports Six Deals Raftery disclosed that the commit- tee has "six important deals near com- pletion" but would not disclose with whom. The four company owners, Mary Pickford, David O. Selz- nick, Alexander Korda and Charles Chaplin, attended the meeting. The owners stated that they would not interfere with the new board and that operating control would be in the hands of the management. Raftery, in addition to being chair- man of the board and president, is general counsel of United Artists and attorney for Miss Pickford. Lawrence has been associated with Selznick ; Kelly is looked upon as representing Chaplin, and Bagnall is associated with Korda. Raftery, Sears and Kelly plan to leave for New York by train on Thursday. Industry Mindful Of War Task: Hays Chicago, Dec. 15. — "The motion picture industry is not unmindful of its responsibility in these days of tense nerves and all-out effort," Will H. Hays told the Indiana Society of Chi- cago at its annual dinner at the Stevens hotel here last weekend. Hays was guest of honor at the affair. "With the mental, physical and spir- itual health of so many at stake," Hays said, "the inevitable interference with normal life brings new entertain- ment problems as well as the other so- cial problems. The screen, nurtured in freedom, recognizes its obligation to freedom, and, as the principal amuse- ment of all the people, I declare its determined purpose to make certain the continual flow of the films so vi- tally necessary to military and civil- ian morale in the efforts for total de- fense." Schenck Appoints State Chairmen of 'March of Dimes' (Continued from page 1) ficial trailer, under the supervision of Frank Whitbeck. The state chairmen include: R. B. Wilby, Alabama and Georgia; Harry Nace, Arizona ; M. A. Lightman, Ar- kansas ; Robert H. Poole, Charles Skouras, A. M. Bowles, California; Rick Ricketson, Colorado ; I. J. Hoff- man, Connecticut ; Carter Barron, Del- aware and District of Columbia ; M. C. Moore, Florida ; Oscar Lam, Georgia; I. H. Harris, Idaho; Jack Kirschi, Illinois ; A. H. Blank, Iowa and Nebraska ; Elmer C. Rhoden, Kansas ; Fred Dolle, Kentucky ; Mar- tin J. Mullin, Maine, Massachusetts, New Hampshire and Vermont ; E. V. Richards, Louisiana ; Sidney Lust, Maryland; J. O. Brooks, Paul Schlossman, Michigan ; Edward Ru- ben, Minnesota ; R. X. Williams, Mis- sissippi ; Harry Arthur, Missouri ; Joseph English, A. M. Russell, E. K. Taylor, Stewart North, Montana. Others Appointed Mike Naify, Nevada ; Walter Reade, Don Jacocks, New Jersey ; Miles L. Hurley, New Mexico ; Fred J. Schwartz, Myer Schine, Charles Hay- man, New York ; H. F. Kincey, North Carolina ; Mike Cooper, North Da- kota ; P. J. Wood, Ohio ; L. C. Grif- fith, Oklahoma ; Albert J. Finke, Ore- gon ; Ted Schlanger, M. A. Rosenberg, Sidney Samuelson, Pennsylvania ; Moe Silver, Pennsylvania and West Vir- ginia ; E. M. Fay, Rhode Island ; H. R. Berry, George Parr, South Caro- lina ; Charles Klein, South Dakota ; Tony Sudekum, Tennessee ; Julius Gordon, R. J. O'Donnell, Texas ; John Rugar, Utah ; W. F. Crockett, Vir- ginia; Frank Newman, Sr., Wash- ington ; Harold Fitzgerald, Wisconsin ; E. J. Schulte, Wyoming. Discuss Newsreel War Regulations (Continued from page 1) to time as official regulations are de- cided upon. The reels were asked to provide Colonel Wright with data on all cam- eramen and, pending the issuance of special Army passes or the assignment of cameramen to action zones, each man will be investigated by the In- telligence Department, it is understood. It was indicated that a maximum of two cameramen might be permitted on assignments in action zones and that their material would be turned over to the Intelligence Department for scrutiny prior to release. The pool- ing of all war footage with its simul- taneous release to all reels by the Government, as is done in Great Brit- ain, was also mentioned as a possibil- ity. However, no final regulations have yet been placed in effect. ■ What material, if any, obtained by cameraman in the Pacific will, of course, be subject to Government cen- sorship prior to release. (Continued from page 1) prise. At 9 :55 a police sound truck instructed air raid wardens — about 150 policemen and 60 firemen served in that capacity — to hold themselves in readiness. Fifteen minutes later the sirens whined, the wardens rushed to their posts and directed the thousands of passers-by and the occupants of the curbed buses and automobiles to office buildings and theatres. Over 200 marched into the lounge of the Paramount Theatre. Police and fire emergency trucks also came on the scene. Two-Minute Halt Visible on Broadway were only those working in an official capacity. After a period of about two minutes the "all clear" was heard and the cor- ralled civilians released themselves. Although the drill was planned to include only persons in the streets, the personnel in some buildings, includ- ing Loew's home office at 1540 Broad- way, reportedly moved to the center floors in compliance with the regular air raid instructions. The demonstration was repeated about a half hour later and was pro- nounced even more successful than the first. A similar demonstration took place in the Gramercy Park vicinity. Bars Blackout Plan Meanwhile a plan to have a simul- teneous blackout in all theatres in the city was drawn up by the Stagehands' Theatrical Protective Union. The plan was to have been submitted to the Police Commissioner's office for ap- proval but late yesterday a spokesman at the office said that it had not been received. Without consulting either the Mayor's or Commissioner's office, the union had arranged for a test blackout Saturday night in a legitimate house on West 45th Street. Commis- sioner Valentine, however, turned thumbs down on the plan since it did not have official approval. A meeting of Times Square air raid wardens was held last night at the Hotel Astor. Robert Christenberry, zone warden ; Ed Sullivan and Robert M. Weitman, managing director of the Paramount, addressed the gather- ing. New Jersey Allied Meeting Thursday A meeting of the New Jersey Al- lied board of directors and another of the entire membership will be held Thursday at the Stacey Trent Hotel, Trenton, for the regular periodic dis- cussions of industry matters including air raid percautions in theatres and the all-industry unity meeting in Chi- cago last week. Harry H. Lowen- stein, president, will preside. In the evening the members will visit Mrs. Helen Hildinger s new Mayfair Theatre in that city, which is scheduled to open on that day. The house, closed for years, was formerly the Orpheum. Benefit Group Formed Meriden, Conn., Dec. 15. — Stage Employes and Moving Picture Oper- ators Benefit Association of Meriden has filed articles of association with the Secretary of State, naming John T. McGlew as agent. Open Defense Case in Minn. Criminal Tria (.Continued from page 1) merman, RKO home office attorne; and Frederick Lorenzen and Jamt Kennedy, New York counsel for Century-Fox. The defendants »fr represented also by Joseph Finley,5 Paul attorney, and David Shearer c Minneapolis. Ben Blotcky, Paramount Minnt apolis branch manager, took the stan first and admitted entering into a dei with David Ratner, operator of theatre at White Bear, Minn., for th leasing of a block of five picture without cancellation rights. Cancellation in Law A violation is charged in that th Minnesota law specifies an entire sea son's product must be sold in a singl block with a 20 per cent cancellatio right. L. E. Goldhammer, RKO branc manager here, also admitted he ha sold Ratner two blocks of five picture each. Ratner admitted receiving th contract. Both Goldhammer an Blotcky admitted they knew thei* companies would release other pie tures during the season. Jack Cohan, 20th Century - Fo salesman here, admitted having sold block of five pictures to Theodoi Hamm, operator of the Gem and 0>t ford, St. Paul. All testified that th' sales were made in accordance wit the provisions of the Federal conset decree before any of the compank had been granted court relief permit ting them to sell in Minnesota unde the terms of the state law. Perfunctory Questions Questioning in all instances wa' more or less perfunctory and for th record, since the actions admittedl are test cases. Shearer began the opening statemei for the defense late today, saying I hoped to prove that the state law : unconstitutional and in restraint i trade, and that his clients are nc guilty, therefore. On the conclusic of his statement, the long task of tal ing defense testimony will begin. \ A civil action in which six distribi tors are seeking a permanent injunc tion against enforcement of the stal law has been set down for trial ne> February. Studios Inaugurate Daylight Operation (Continued from page 1) workers in each of four zones retir to bomb shelters at the alert. B. V. Sturdivant, Fox West Coa: executive, has formed the Theatre De fense Bureau, on assignment from tr Office of Civilian Defense with corr plete surveillance over theatres, bow ing alleys, ballrooms and other place of amusement, for protection of pj trons during blackouts, alerts and a| raids. All amusements are represente in the bureau. Screen Writers and Publicists an Radio Writers' guilds' representative met tonight with Randolph Van Noi strand, head of the Defense Counc public information bureau, to plan program to educate the public in d< fense measures. Itsday, December 16, 1941 Motion Picture Daily ap Attack Brings Record Radio Use The highest number of "sets-in-use" Ier recorded for an entire evening by E. Hooper, was set during the eve- rig of Dec. 7, the day the Japanese Hacked Honolulu, it was reported fsterday. The figure, 47 per cent, ►mpares with 39 per cent set for the -Mnoarable Sunday last year and the ^sral seasonal average of 36.6 per Hi set during the Sundays in No- Tw.ber of this year. Edgar Bergen and Walter Winchell fed with ratings of 29.9 per cent as fc most popular evening programs of ovember, with Bob Hope third, rat- g 28.8, and Fibber McGee & Molly •urth, 28.7. The remaining 11 of the first 15 ere "Aldrich Family," 27.8; Jack enny, 27.1 ; "Lux Radio Theatre," 9 1 ; "Maxwell House Coffee Time," 1.7; Major Bowes, 18.9; "Fitch andwagon," 18.8; "Take It or Leave i" 18.5; "One Man's Family," 18.4; Time to Smile," 18.3; Kay Kyser's College of Musical Knowledge," J.2, and Orson Welles, 17.8. Red ikelton, with 22.3 per cent, continues J ) lead among shows not covered on a ational basis. j A Crossley survey made for WOR lowed that listening jumped "at least JO per cent" in metropolitan New '■'ork on the afternoon of Dec. 7, Jos- ph Creamer, head of WOR's promo- :on department, stated yesterday. Canada Board Hears Pleas on Music Fees : Ottawa, Dec. 15— Judgment was leserved after hearing today by the Copyright Appeal Board after argu- lent against proposed music licenses pr coin-operated music machines and lm projectors used for commercial urposes. Formal announcement was made hat Canadian broadcasters have cached an agreement with the Can- dian Performing Rights Society and SMI Canada, Ltd., to continue next ■ear the 1941 copyright payment ba- is, as was revealed earlier. The , resent rate is eight cents per set to •he Society and one cent to BMI. ?BS Employes Get Salary Increases (Continued from page 1) *nt of the next $10, and five per cent f the next $10. Thus a person earn- lg $25 will receive an additional $2.50 .'eekly, while one earning $50 to $75 .ill receive an additional $4.25 weekly. , Paley explained that the raise was 1 esigned to help employes in the mod- rate salary range meet the rising cost If living. He explained that past, I resent and future relations with un- pns justified allowing "our relations with unionized employes to remain >ithin the existing framework of such elations." ft. Louis Clearance Complaint Dismissed (Continued from page 1) Amusement Company's Union Theatre ■ver the Palm, and the seven days learance of the same circuit's Aubert •ver the Palm are not unreasonable. ~he complainant had asked for the limination of the Aubert's clearance nd a reduction of the Union's clear- ance. Off the Antenna WITH war news somewhat slackened, CBS and NBC shut down the net- work at 3 o'clock this morning. WEAF, WJZ and others on the net- work, however, continued to operate on a 24-hour basis. WEAF, on Sunday morning, was forced to remain off the air for 59 minutes because the strain of continuous operation blew a tube in the transmitter. Purely Personal: Albert A. Grobe, former manager of the N. )'. Broad- easting System (WINS) and radio director of Mayor LaGuardia's recent campaign, has joined U'QXR as night program manager and nezvscaster. . . . Wythe Williams has joined WHN as commentator. . . . Grcgor Zicmcr, W LW , Cincinnati, newscaster, will be guest speaker at the zvcekly luncheon of the Radio Executives Club tomorrow. . . . Jack H. Kerrigan, WHO, Des Moines, announcer, is the father of a girl. WHOM, which broadcasts in eight foreign languages, has begun making this announcement with the call letters each hour: "WHOM is owned and operated by American citizens, and broadcasting American programs in foreign languages with the knowledge and encouragement of the United States Defense Communications Board." First renewal since the outbreak of war was signed yesterday by CBS when Liggett & Myers Tobacco renewed Glenn Miller's thrice-weekly musical program over 99 stations for the full 1942 season. "The Missus Goes A-Shop- ping" on WABC Mondays through Saturdays was also renewed by both its sponsors, with Pepsi-Cola Co. renewing the Monday, Wednesday and Friday periods, and John Morrell & Co., the Tuesday, Thursday and Saturday periods. • • • CBS yesterday assigned air-raid wardens, alternates and assistants, for each of the 23 floors of its main building and for each of its studio and theatre buildings. Most of those appointed had prcz'iously been selected as wardens in their home neighborhoods. • • • In the formal announcement yesterday of the appointment of Noran E. Kersta as manager of NBC television (reported in yesterday's "Motion Picture Daily") it was stated that "Plans for NBC television include extension of television service to Philadelphia and Washington during 1942." Radio Setup To Remain in Private Hands (Continued from page 1) he said. "That is not its job and it has no plans and no desire to go into it. The same is true of the FCC. We are seeking only to get communica- tions generally in a state of military preparedness." Broadcasters should not become un- duly alarmed, he added. So far, he said, "they have done a fine job." Fly refused to speculate regarding" the immediate future of television, ex- plaining that so far no definite plans had been developed for any branch of radio. At best, however, he indicated, there can be but a "nucleus" of the nationwide commercial service toward which the industry has been working. Asked whether there would be any change in the monopoly situation as a result of the war, Fly said the easiest solution would be for the chains to accept the new rules and notify their affiliates accordingly. Kanin to Address Defense Meeting Garson Kanin, Office of Emergency Management film consultant, will be one of the speakers at the first meet- ing of the M. P. Emergency Defense Conference, a New York group> called together by the Screen Publicists Guild, it was announced yesterday. The meeting will be held Friday eve- ning at the Hotel Piccadilly. Warner Zone Heads To Meet Here Today Harry Kalmine, assistant general manager of Warner Theatres, will preside at a home office meeting of zone managers today, the first since he took over his post. Attending will be the following zone managers : James Coston, Chicago ; Nat Wolf, Cleveland; I. J. Hoffman, New Haven ; Don Jacocks, Newark ; C. J. Latta, Albany ; Ted Schlanger, Philadelphia; M. A. Silver, Pitts- burgh ; John J. Payette, Washington ; and Howard Waugh, Memphis. Home office executives participating will include : Clayton Bond, Harry Goldberg, Leonard Schlesinger^ Frank Phelps, Sam E. Morris, Abel Vigard, W. Stewart McDonald, Harry Rosen- quest, Louis Kaufman, Herman Maier and Frank Cahill. Harley, Kane Unable To Get Passage Here Francis L. Harley, 20th Century- Fox managing director for Great Britain, and Robert Kane, head of the company's British production, were unable to leave Lisbon for New York last week when the Excambion, on which they were to have sailed, was held in port. It has been reported here that the Portuguese Embassy has cancelled visas for civilian travelers between London and Lisbon. However, one Portuguese and one Spanish steamship line still are operating to New York. The 20th Century-Fox home office has not been advised of Harley's and Kane's plans. They had expected tc arrive here before Christmas. PAYS OFF PICTURE WILLIAM WRIGHT, as Chris, bon vivant and philanderer, who does a little spying on the side. DRAMA OF SPIES AND SABOTAGE AT SEA! J. EDWARD BR0MBERG 0SA MASSEN WILLIAM WRIGHT . MARGARET TALLICHET ABNER BIBERMAN JOHN H. AUER — Director Screen play by Lawrence Kimble and Malcolm Stuart Boylan Original story by George Worthing Yates and Julian Zimet . Buy U. S. Defense Bonds ASK YOURSELF THIS QUESTION: • Theatre managers who have adopted High Intensity projection know that the increased screen light means IMPROVED PICTURE QUALITY BETTER AUDIENCE RESPONSE INCREASED ATTENDANCE MORE PROFIT The new "One Kilowatt" High Intensity arcs supply 50 to 100 per cent more screen light than low intensity lamps at practically the same operating cost. Ini- tial cost is also low. Ask your dealer to give you the figures and a demonstration of this modern pro- jection light. THE NEW "ONE KILOWATT" ARCS USE "NATIONAL," "SUPREX" AND "OROTIP" CARBONS 1881-1941 The sixty year record of "National" carbons is one of steady progress and improvement. Further progress and continued leadership in the Motion Picture Indus- try are assured by constant research and an intensive development program. The words "National," "Suprex" and "Orotip" are trade-marks of National Carbon Company, Inc. NATIONAL CARBON COMPANY, INC. Unit of Union Carbide and Carbon Corporation lhjs 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 to thei^ Picture Industry tion MOTION PICTURE DAILY and Impartial )L. 50. NO. 119 NEW YORK. U.S.A., WEDNESDAY, DECEMBER 17, 1941 TEN CENTS Realignment of RKO Effected By Schaefer Rathvon V.-P.; Kingsberg, Goldberg in New Posts George J. Schaefer, president of iRKO, yesterday announced the first steps in his plan for realignment of the RKO or- ganization. He an n o u n c e d that N. Peter Rathvon, who has been chair- man of the ex- ecutive com- mittee, has ^^^^ been elected a A ak company, and I jG^M H that Malcolm Kingsberg will be elected pres- i d e n t of all RKO theatre subsidiaries in addi- tion to continuing as executive vice - president of Keith - Albee - (Continued on page 4) (ieoi-Re S. Schaefer Balaban Is Named Dimes Co-Chairman Barney Balaban, president of Para- ' mount, has accepted the post of co- chairman with Nicholas M. Schenck on the national Motion Pictures Com- mittee for the 1942 March of Dimes campaign. Others on the national film commit- tee are C. C. Moskowitz, Joseph Bernhard, Spyros Skouras and Oscar Doob. Harry Brandt, president of the I I TO A of New York and co-chairman ; of the drive, has established headquar- ; ters for the film committee of the campaign at the Hotel Astor. Ampa Testimonial To Hays in March Ampa will sponsor an industry- wide testimonial dinner to Will H. Hays, commemorating his 20th an- niversary in the industry, Vincent Trotta. Ampa president, announced yesterday. The dinner will be held at the Waldorf-Astoria, next March 6. (Continued on page 8) Defense Testimony Starts in Minnesota Case, Joy a Witness St. Paul, Dec. 16. — Defense at- torneys in the State's criminal ac- tions against Paramount, RKO and 20th Century-Fox today began lay- ing an elaborate background for its contention that the Minnesota anti- block-of-five law, which the compa- nies are accused of violating, is un- constitutional. This was the second day of trial in Ramsey County Dis- trict Court here. After long opening statements by David Shearer and Joseph Finley, defense counsel, the defense began its testimony. Col. Jason Joy, 20th Cen- tury-Fox studio personnel head and scenario director, was the first wit- ness. He testified that the industry operates under its own code, is self- (Continued on page 4) Loew's Minn. Escape Plea in Court Today Federal Judge Henry W. Goddard will hear Loew's application today for a release from the trade show and block-of-five sales provisions of the consent decree to permit the company to resume selling in Minnesota. The application was filed yesterday. Judge Goddard set the hearing to be held immediately following the one on (Continued on page 4) U.S. TO CENSOR COMMUNICATIONS M.P. Defense Unit Now War Activity Group The industry committee for national defense has changed its name to the War Activities Committee — Motion Picture Industry, and Francis S. Har- mon has resigned from the MPPDA to serve as a full-time executive for the committee, it was announced yes- terday by George J. Schaefer, chair- man. The announcement, for release today, follows : "George J. Schaefer, chairman of the coordinating committee of the Motion Picture Committee Cooperat- ing for National Defense, announced yesterday in behalf of the committee a change in title. The committee here- after will be known as War Activities Committee — Motion Picture Industry. "It also was announced that in view of changed conditions the com- mittee has decided to appoint a full- time executive to the work of coor- dinating the industry's war activities under the direction of the executive (Continued on page 4) Far East 55% 'Normal, 9 Offices Are Functioning French Film Supply In Montreal Gone Montreal, Dec. 16. — The supply of French films available for French Canadians here, which a year ago was thought to be enough for two years, has dwindled to nothing, and the effect of the shortage has been felt. France Film, operating French lan- guage houses here, has closed the Cin- ema de Paris, and other lesser houses are showing revivals, alternating with legitimate shows. The Cinema de Paris, seating 464, on Dec. 26 will re- open as a newsreel house, the first in Canada, and is expected to be open from 9 A.M. to midnight, charging 20 or 25 cents at all times. It is being taken over by Consolidated Theatres, according to report. While fragmentary reports to home offices indicate that business in the Far East is running at about 55 per cent of normal, on an over-all av- erage, "business as usual in Shang- hai" was the word received at Uni- versal's home office foreign depart- ment yesterday from Robert Per- kins of the company's Far Eastern staff. James Perkins, Paramount super- visor in the Orient, and father of the Universal representative, also re- ported to John Hicks, Paramount vice-president and foreign manager, yesterday that the company's office and personnel in Manila have es- caped Japanese bombings and are still servicing theatres there. Universal has now received word from all of its representatives in the Far East, except one at Hong Kong, (Continued on page 4) Radio, Cables Affected; President Expects Voluntary Effort Washington, Dec. 16. — Cen- sorship of radio, cables and other media of communication was im- posed tonight by President Roose- velt. Motion pictures were not mentioned specifically in the President's announcement. Ob- servers believe that, except for newsreels, the regulations may not apply to films, since the orders are definitely directed at communications carrying vital information. Byron Price, executive news edi- tor of the Associated Press, on leave from that organization, was named director of censorship, responsible di- rectly to the President. Admitting that censorship is ab- horrent to all Americans, the Presi- dent declared that the experience of the past few years has demonstrated that it is necessary in war time, add- ing, "and we are at war." So far as domestic radio is con- cerned, he indicated, a voluntary cen- (Continued on page 7) Canada Prohibiting New Year Price Rise Toronto, Dec. 16. — The War Time Prices and Trade Board today issued a ruling prohibiting Canadian theatres from increasing prices for special New Year's Eve perform- ances and from passing along to the public the 20 per cent Federal amuse- (Continued on page 4) Studio Workers Give $475,826 to L. A. Fund Hollvwood, Dec. 16. — A total of $475,826 was contributed by 30,000 studio workers to the Los Angeles Community Chest, according to a report of the Motion Picture Divi- sion today. Last year $467,- 062 was contributed. The re- port was made at ceremonies at noon in the Biltmore Bowl as the highlight of a half-hour broadcast in which Edward Arnold acted for Chairman Louis B. Mayer, who is ill. 2 Motion Picture Daily Wednesday, December 17, 194 Coast Flashes Hollywood, Dec. 16 PARAMOUNT today took ex- traordinary precautions to pre- serve property and lives in the event of bombings. Measures taken were designation of various basements as air raid shelters, filling of studio water tanks to capacity for fire fight- ing, distribution of sand around the lot and installation of alarm equip- ment. Blackout window coverings were placed about the lot in depart- ments which might be used at night. • ITO of Southern California and Arizona will meet Friday to hear a report by Robert H. Poole, executive secretary, and Jack Y. Berman, trus- tee, who attended the recent indus- try unity meeting in Chicago. • Monogram studio executives headed by W. Ray Johnston, president, and Trem Carr, production chief, left to- night for a franchise holders' meet- ing in Chicago, Dec. 19 to 21. The 1942-'43 program will be discussed. • Lou Harris, in charge of trailers at the Paramount studio, today was ap- pointed Cecil B. DeMille's associate producer. Commons Approves Reduction in Quota London, Dec. 16. — The House of Commons today formally approved the recent reductions in the exhibitor and distributor quotas by 2T/z per cent each, to 15 per cent for exhibitors and 20 per cent for distributors. The change, recommended by the Board of Trade, was approved by the House of Lords last week. Personal Mention Newsreel Parade JULIUS GORDON, circuit opera- tor of Beaumont, Tex., is expected in New York today. • A. M. Botsford and Morris Kinz- ler left the Coast yesterday for New York. Earl Hudson, president of United Detroit Theatres, and Jack Keegan were in town yesterday. • Leonard Goldenson and Leon Netter have returned from Boston. • Irving Martin, publicity chief of the Stanley, Baltimore, plans to spend the weekend with his family in Rich- mond. Herbert Lubin, manager of the Landis, Vineland, N. J., is on the gen- eral executive committee of the de- fense council of Vineland. • Walter Thimming, owner of the McNair, St. Louis, is ill. • Nicholas Mareemes, who sold his interest in the Roxy, New Britain, Conn., has gone to Florida to live. • Murray Greenfield of Loew's has enlisted in the Army. I I I I I I I I I I I I I I I I I I I FLY to LOS ANGELES over the BUSINESS ROUTE of the NATION More passengers, mail and express fly United's central, year 'round Main Line Air- way than any other coast-to- coast air route. 4 Mainliners to Los Angeles daily. UNITED AIR LINES Airlines Terminal: 80 E. 42nd St. 649 Fifth Ave. 69 Wall St. Hotel Pennsylvania MU-2-7300 or travel agents, hotels T M. RAPPAPORT, owner of the 1. Hippodrome, Baltimore, is a New York visitor. • Rube Jackter plans to leave for Charlotte tonight. • Joseph Seidelman, Universal vice-president and foreign manager, is scheduled to arrive from South America by plane on Friday. John W. Rogers is in town from the Coast. Ben Robins, United Artists branch manager in St. Louis, and F. J. Kaiser, salesman, were injured in a collision in Tennessee last week, but are recovering. • Shirley Smith, secretary to Les Kaufman, head of the Fanchon & Marco advertising department in St. Louis, and Don Norling, manager of the West End Theatre, will be mar- ried soon. • Robert Ryder of Fanchon & Marco, St. Louis, is the father of a daughter. • Otis Cowan, manager of the Ware- ham, Manhattan, Kan., has joined the Army. hotels J Air Raid Signals Test at 4 P. M. When you hear a series of short siren blasts at 4 P. M. today, don't be alarmed. New York City's new air raid master signal system will be tested, for 15 minutes. At 4:15 all local sirens will be tested. It is expected that theatre managers will reas- sure their audiences, as in- structed. In the event of a real alarm, all sirens will blast continuously. Paramount Theatre Stresses Relaxation The New York Paramount The- atre today and tomorrow will run in all New York daily papers large display ads pointing out the impor- tance of entertainment as a means of maintaining citizen morale. The ads, signed by Robert M. Weitman, managing director, are be- ing supplemented with trailers, also stressing the value of entertainment, and urging the importance of relaxa- tion. Heads Variety Legion Pittsburgh, Dec. 16. — C. C. Kellen- berg, retiring chief barker, has been elected commander of Variety Legion Post 589. Other officers are Brian Mc- Donald, senior vice-commander, new chief barker Joseph Hiller, junior vice-commander, James G. Balmer, ad- jutant, Joseph Misrach, finance officer, and Archie Fineman, sergeant-at-arms. William Humphrey Dies William P. Humphrey, managing- director of the British Colonial Film Exchange, Inc., died last week at his home at Port-of-Spain, Trinidad, according to word received here. Brylawski in OPM On Film Priorities Washington, Dec. 16. — OPM offi- cials disclosed today that A. Julian Brylawski, MPTOA vice-president, has been appointed to an important post in the priorities division, and made responsible for all priorities for the motion picture industry. It was revealed that Brylawski was approached more than a month ago with a suggestion that he under- take this work, and yesterday joined the staff of Donald M. Nelson, direc- tor of priorities. Brylawski will be in charge of the application of priori- ties on critical materials needed by studios, exchanges and theatres, it was stated. Metro Screenings Set on Six Pictures M-G-M yesterday set trade screen- ings on six new pictures, to be shown in exchanges during January. The films and the screening dates are : 'Woman of the Year" and "Joe Smith, American," Jan. 13 ; "China Caravan" and "We Were Dancing," Jan. 14 ; "Born to Sing" and "Out of the Past," Jan. 20. The first two will be shown in New York only on Jan. 6 and the second two here Jan. 13. John Comerford, 80, Dies in Los Angeles Scranton. Pa., Dec. 16. — Word was received here that John Comer- ford, 80, oldest brother of the late M. E. Comerford, founder of the Comer- ford Circuit, died last week at his home in Los Angeles. He was an uncle of Postmaster General Frank C. Walker and John T. Comerford, dis- trict manager for the circuit. He is survived by two daughters and a sister. FILMS of the Times Square a raid demonstration are present), in the midweek issues along with var ous other subjects dealing with tl war. Secretary Knox" Hawaii repo is included. Here are the contents: MOVIETONE NEWS, NO. 23— Knox Pearl Harbor. Pacific Fleet at sea. ifa chant marine gunners trained in Virg^ Tank production in Montreal. Healths girl and boy in Chicago. Christmas toj LaGuardia on air raids; Times Squa test. NEWS OF THE DAY, NO. 227— Kn delivers Pearl Harbor report. Broadw air alarm. Latin America declares w; Litvinoff in Washington. Subject on U. Marines. Bears and Packers football gan PARAMOUNT NEWS, NO. 32-Ame cas unite against Japan. British equipme in Turkey. West Coast prepares. Tin- Square cleared in raid drill. Bobby Fel and Hank Greenberg enlist. RKO PATHE NEWS, NO. 32— Germa and Italy declare war; Knox reports, Wa' ington on war basis. Civilian defense West Coast. Raid drill in Times Squa UNIVERSAL NEWSREEL, NO. 4 Knox tells Pearl Harbor story. Litvin talks about Japan. New draft propo= Mexican -Japanese relations severed. Bill Rights Day observed. Reindeer in Ra. City. Times Square air raid drill, cadets graduate at Mitchell Field. W' Coast war drills. Oregon in blackout. T destroyers launched in Boston. Para. Will Release 'Blackout' at Ont Paramount will deliver "Paci Blackout" to exhibitors for showin beginning Jan. 2 and, to exped bookings, will agree on terms wi exhibitors later, Neil Agnew, genei sales manager, stated yesterday. The film is the story of a Los A geles blackout. It was scheduled f release originally late in February a part of the company's third bloc The special arrangements are bei made to enhance the picture's tini liness, Agnew said. Merge Para. Bioff Suit Consolidation of the four stockho ers' suits brought against Paramot as a result of alleged payments William Bioff and George E. Brow was ordered yesterday by N. Y. S preme Court Justice Albert Smy The court appointed Alfred J. Tall' former General Sessions judge, trial counsel for the stockholders. MOTION PICTURE DAILY {Registered U. S. Patent Office) Published daily except Saturday, Sunday ; holidays by Quigley Publishing Compa Inc., 1270 Sixth Avenue, Rockefeller Cenl New York City. Telephone Circle 7-31 Cable address, "Quigpubco, New York." M tin Quigley, Editor-in-Chief and Publish Colvin Brown, Vice-President and Gent Manager; Watterson R. Rothacker, V President; Sam Shain, Editor; Alfred Finestone, Managing Editor; James Cron, Advertising Manager; Chicago Bure 624 South Michigan Avenue, C. B. O'Nt Manager; Hollywood Bureau, Postal Un Life Building, William R. Weaver, Edit Leon Friedman, Manager; London Bure 4 Golden Square, London Wl, Hope V Hams, Manager, cable address "Quigpul London." All contents copyrighted 1941 Quigley Publishing Company, Inc. Ot Quigley publications : Motion Pict Herald, Better Theatres, Internatic Motion Picture Almanac and Fame, tered as second class matter, Sept. 23. 1 ! at the post office at New York, N. under the act of March 3, 1879. Subsc tion rates per year $6 in the Americas ; i $12 foreign. Single copies 10c. CHIN UP AMERICA! There's a job to be done here at home and the film industry rises to the emergency with a cheer- ful and united front! Great entertainments are available from all companies to keep the morale of our people high for the effort ahead. 4 Motion Picture Daily Wednesday. December 17, 194 Realignment of RKO Effected Far East 55% 'Normal, ' Offices Are Functioning By Schaefer {Continued from page 1) Orpheum. (Schaefer is president of K-A-O.) Leon Goiuberg, who has been treas- urer of K-A-O, chief theatre subsid- iary of RKO, has been elected treas- urer of the parent company and addi- tionally will be treasurer of all RKO theatre and picture subsidiaries. Responsible to Schaefer All these officials will be directly responsible to the president. Charles Koerner will be elected a vice-president of the theatre companies and will continue as general manager under Kingsberg. Kingsberg replaces Major L. E. Thompson, who, it is reported, is headed for some other executive post in the company. Goldberg succeeds William Clark. Schaefer's announcement stated that all theatre activities will be consoli- dated under Kingsberg' s direction and that the companies of which he will be elected president include RKO Proc- tor Corp., RKO Midwest Corp., RKO Orpheum Corp. and RKO Service Corp. One Finance Head Regarding Goldberg's new posts as treasurer of the parent and subsidiary companies, Schaefer stated : _ "This move will centralize all financial op- erations under one head who will be directly responsible to the president." "The realignment," Schaefer stated, "will streamline the organization as well as more clearly and definitely fix duties and responsibilities." British Studios Ask Exemption of Talent Loxdon, Dec. 16. — A majority of producers and representatives of the British units of M-G-M, Columbia and 20th Century-Fox, in the British Producers Association, will seek the aid of the Ministry of Information in obtaining the release from military service of necessary talent. The producers plan to offer full documentary proof of their need, with technicians probably included, and the Ministry has promised to lend its as- sistance. The producers also are con- sidering a plan under which the asso- ciation would be a clearing house on the producers' clothing ration system, instead of the present method, under which each producer has coupons to take care of studio needs. Board of Trade approval will be sought. Extension to Jan. 5 In Pickwick Case New Haven, Dec. 16.— A second stipulation has been entered into by the attorney for the plaintiffs in the Pick- wick, Greenwich, anti-trust suit against the eight major film companies, and the attorney for 20th-Fox, granting extension of time in which 20th-Fox may answer the long interrogatories of the plaintiffs. The time has been ex- tended to Jan. 5, 1942, when answers will be expected as to corporation, clearance and personnel matters. Defense Testimony Starts in Minnesota Case, Joy a Witness (Continued from page 1) governing and needs no legislative regulation. bhearer, in his presentation, de- clared that production entailed strong competition, in which large sums were spent. "Uncanny judgment," in forecast- .ng public taste is a necessary func- tion of the industry, he said. "The ability to forecast what the public wants is one of the basic elements of motion picture success. Even then the producer cannot predict the fate of a picture. "No expense is spared in giving the public what it wants. Showman- ship is indispensable, and showman- ship is not subject to monopoly." Finley discussed distribution. He pointed out that competition forced companies at one time to try to beat each other on convenion dates, and the result was confusion. He pointed out that motion pic- tures are copyrighted and cannot be sold. He said that in 1941 fewer than 600 pictures were made, but print shipments totaled 10,000,000. Revenue, Finley said, is evenly di- vided from first run and subsequent run houses. "First runs are entitled to protec- tion," he said. "The distributor has his own choice of licensing." Loew's Minn. Escape Plea in Court Today (Continued from page 1) the Government's application to re- store its anti-trust suit against Co- lumbia, United Artists and Universal to the Federal court trial calendar here. It is believed that Loew's applica- tion will be granted by the court, since that was the experience of the other four consenting companies in making their Minnesota law applications. The Loew's petition follows the same form as those of the other companies. 'Gesture' Preview Set United Artists will hold a press preview of Arnold Pressburger's "The Shanghai Gesture" at the Astor Theatre, Dec. 23. Industry execu- tives in addition to press representa- tives will be invited, it is planned. (Continued from page 1) that they are safe and that their organizations are still functioning. Virtually all 20th Century-Fox rep- resentatives in the Far East also have been heard from. No casualties among industry personnel in the Far East have been reported to home offices. Hank Henry, manager of Para- mount's Manila exchange, who held a commission as Naval Reserve Of- ficer, was called to duty at the out- break of hostilities. Film shipments to the Orient are understood to be leaving from New York, instead of the West Coast, as formerly. Shipments are said to be going by way of the Panama Canal through the South Pacific to Aus- tralia and will be re-shipped to other Far East ports from there. Cashier's checks totaling $210,000 .on the Yokahama Specie Bank at San Francisco, which were received about a week ago in connection with the third payment on the major com- panies' 1937 Japanese revenue, have been returned to the companies un- cashed, as the San Francisco bank was taken over by the Alien Property Custodian following the declaration of war. In order to cash the checks, the companies, it is said, will have to obtain permits from the Treasury Department at Washington. Fawcett Readers Call 'Foxes' Best Readers of three fan magazines pub- lished by Fawcett Publications, Movie Story, Motion Picture and Hollywood, have selected "The Little Foxes" as the best picture of 1941, in a selection of 15. The others are: "Sergeant York," "The Philadelphia Story," "Citizen Kane," "A Woman's Face," "Here Comes Mr. Jordan," "Honky Tonk," "Kitty Foyle," "The Road to Zanzi- bar,"""! Wanted Wings," "Blossoms in the Dust," "Ladies in Retirement," "A Yank in the RAF," "That Hamil- ton Woman," "You'll Never Get Rich." St. Louis Paper Poll Designates 'Blossoms' St. Louis, Dec. 16. — "Blossoms in the Dust" was listed as the outstanding film of 1941 in a reader poll conducted by Colvin McPherson, Post Dispatch critic. Following in order, were : "Sergeant York," "Penny Serenade," "Gone With the Wind," "A Yank in the RAF," "Caught in the Draft," "Blood and Sand," "Kitty Foyle," "The Philadelphia Story," "Hold That Ghost." M.P. Defense Unit Now War Activity Group (Continued from page 1) group. Francis S. Harmon, who ha Deen acting as coordinator for th committee cooperating for nation defense, has been appointed to the jr sition and has been designated as eS ecutive vice-chairman of the Wa Activities Committee. Mr. Harmoi has resigned from the Motion Pictur Producers and Distributors of Amer ica, Inc., in order to devote full tim to the war activities of the industn "These changes were determine* upon at a meeting of the executiv group attended by representatives o exhibitors, distributors, producers, art ists and trade press. "A budget committee to study ani arrange for financing the cost of th industry's war activities was ap pointed, consisting of Si Fabian, R. I Wilby and Joseph H. Hazen." Academy Awards Committee to Meel Hollywood, Dec. 16. — The nev awards committee of the Academy c M. P. Arts & Sciences, of whicf Walter Wanger is chairman, wis meet for the first time tomorrow night in the organization's blackec out meeting rooms in the Taft Bldf; Committee Personnel The personnel of the awards com mittee, named by Bette Davi Academy president, includes : Joh Aalberg, Edward Arnold, Ann Bauchens, Charles Brackett, Ralp Byrd, Harry Cohn, Bette Davi Olivia De Havilland, Franciot Ec ouart, Nat W. Finston, Henry Fond; Y. Frank Freeman, John Garfiel< Tay Garnett, Donald Gledhill, San^ uel Goldwyn, Henry Hathawa; James Hilton, Talbot Jennings, Joh Leroy Johnston, Mervyn LeRoy, S< Lesser, Richard Macaulay, No< Madison, E. J. Mannix, Thorm Moulton, Jane Murfin, Frank Parto Rosalind Russell, Allan Scott, Wi | liam Seiter, Lesley Selander, Davi! O. Selznick, Pete Smith, Georg' Stevens, Bertram Teitelbaum, Dorotl 1 Tree, Joseph Valentine, Hal Wallii Cliff Work, Loyd Wright and Darr; Zanuck. Canada Prohibiting New Year Price Ris (Continued from page 1) ment tax in connection with admi sions for such performances. The ruling limits the admissic charge to the scales in effect for tl midnight nerformances last Ne Year's Eve and, due to the requir ment that the exhibitors must absoi the Federal tax, in addition, tl scales will represent a 20 per ce reduction to the theatre as compare with the prices charged last Ne Year's Eve. The ruling was made necessary b cause the regulations placing a ce: ing on admission prices do not cov special performances such as Ne! Year's Eve midnight shows. Treasury to Enlist Radio, Theatres For 'Minute Men' Bond Selling Drive Washington, Dec. 16. — The Treasury Department today revived the World War "Four-Minute Men" method of selling bonds, announcing that it was enlisting nationally known Americans to make one-minute selling talks on Government and nationally spon- sored network programs and over all local radio stations. Prominent citizens from the locality will be asked to speak over the individual stations while nationally known figures will be used on the chain programs and the Treasury's own presentations to urge the purchase of defense bonds and stamps. It is probable that, as in the last war, exhibitors also will be asked to lend their stages for short talks. IT PACKS THE POWER of a FEATURE-THRILLER An exploitation special timed for the minute Vividly portraying America's air- might as i shouts defiance at the ruthless aggressors IF" THRILL to the first flight of the "Kitty Hawk" . . . THRILL with America's first war ace, Capt. Eddie Rickenbacker, in action . . . THRILL and WONDER at the freak designs that helped America get its wings . . . THRILL to the first American air-bombers in action . . . THRILL ONCE AGAIN with America's air heroes — Byrd, Chamberlain, Post, Rogers, Earhart, Elder and others . . . THRILL to General Billy Mitchell's forecast of war in the air . . . THRILL to America's mighty air power blasting its enemies from the skies! cro* SEE Amelia Earhart as she appeared before her ill-fated flight over the Pacific ! SEE Ruth Elder, the first woman to fly across the Atlan- tic Ocean! SEE Ruth Nichols as she returned after setting a new alti- tude record ! SEE SEE Captain Eddie Rickenbacker, America's great- est war ace . . . see actual World War I combat! SEE Wiley Post and Will Rogers on the world-flight from which they never returned! Gen e ral Billy Mitchell as he forecasts the com- ing or air-war! World Premieres in Davton and Dallas ! - NATIONAL RELEASEJEECJEl^ 5 Motion Picture Daily Wednesday, December 17, 1941 • Short Subject Reviews • 'Flying' Gets Chicago Lead With $22,500 Chicago, Dec. 16. — Despite slow business for a couple of days due to war conditions the week ended strong. The Palace, with "Keep 'Em Flying^' pulled $22,500. "Honky Tonk" took $25,000 at the State-Lake. Estimated receipts week ending Dec. 12: "Smilin' Through" (M-G-M) APOLLO— (1,400) (30c-40c-59c) 7 days, 2nd week. Gross: $6,500. (Average, $5,000) "Skylark" (Para.) CHICAGO— (4,000) (35c-55c-75c) 7 days. Stage — "Folies Bergere" revue. Gross: $37,000. (Average, $32,000) "Sergeant York" (W.B.) GARRICK— (1,000) (35c-55c-75c) 7 days, 2nd week. (7th week in Loop). Gross: $7,000. (Average, $5,000) "Married Bachelor" (M-G-M) ORIENTAL — (3,300) (25c-35c-40c-50c). Stage — Johnny "Scat" Davis band and the Mills Brothers. Gross: $18,500. (Average, $16,000) "Keep 'Em Flying" (Univ.) "South of Tahiti" (Univ.) PALACE— (2,500) (30c-4Oc-60c) 7 days. Gross: $22,500. (Average, $13,000) "Swamp Water" (20th-Fox) "Great Guns" (ZOth-Fox) 6 days, 2nd week "Unholy Partners" (M-G-M) "Target For Tonight" (W.B.) 1 day ROOSEVELT — (1,500) (30c-40c-59c) 7 days. Gross: $7,500. (Average, $11,000) "Honky Tonk" (M-G-M) STATE -LAKE — (3,700) (40c-44c-55c-75c). 7 days, 2nd week. Gross: $25,000. (Average, $14,000) "Two Faced Woman" (M-G-M) UNITED ARTISTS— (1,700) (30c-40c-59c) 7 days, 2nd week. Gross: $16,500. (Average, $14,000) 'Havana' $15,500, Newark Gross Off Newark, Dec. 16. — Theatres ex- perienced a decided drop in receipts following the war, managers report- ing worst business since slump last Spring. "Week-End in Havana," however, drew $15,500 at Proctor's. Estimated receipts for week end- ing Dec. 8-10: "Appointment for Love" (Univ.) "This Woman Is Mine" (Univ.) WARNERS' BRANFORD— (2,840) (30c- 40c-55c-65c-75c) 7 days. Gross, $14,200. (Average, $14,000) "Shadow of the Thin Man" (M-G-M) "Broadway Limited" (U.A.) LOEWS STATE— (2,589) (35c-44c-55c-65c- 75c) 7 days.- Gross: $13,500. (Average, $13,- 750) "Texas" (Col.) "Buy Me That Town" (Para.) PARAMOUNT-NEWARK— (2,200) (35c- 44c-65c-75c) 7 days. Gross: $12,800. (Aver- age, $13,750) "Week-End in Havana" (20th-Fox) "Man at Large" (20th-Fox) RKO PROCTOR'S— (2,289) (35c-45c-55c- 65c-75c) 7 days. Gross: $15,500. (Average, $14,500) "Sins Off Bali" (State Rights) "She-Devil Island" (State Rights) LITTLE— (299) (35c-45c-55c) 7 days, 3rd week. Gross, $1,500. (Average, $1,800) News Announced at Rochester Houses Rochester, Dec. 16. — Latest war news is being featured at Schine houses here in a newspaper tieup. The paper furnishes the bulletins to be read .from the stage of each house at 10 P.M. Fire at Montreal House Montreal, Dec. 16. — Fire believed to have been caused by an overheated furnace caused an estimated several thousand dollars damage to the Fran- cais Theatre here early today. "Spanish Fiesta" ( Warners:) First of a proposed series, "Spanish Fiesta," is an uncommon type of screen entertainment, far in advance of the regulation subject from the standpoint of artistry. Transplanted to the screen under the direction of Jean Negulesco is the celebrated Ballet Russe de Monte Carlo featuring Ta- mara Toumanova, Frederic Franklin and Leonide, enacting the story of the gypsy girl who steals away from her camp and ventures to a party of the aristocracy. The entire troupe per- forms with great skill. The accom- panying music by Rimsky Korsakoff has a really fine quality, while the presentation, vividly colored, is com- pelling in its beauty. The subject is of an esthetic nature. Running time, 19 mins. Release, undetermined. "Hedda Hopper's Holly- wood, No. Zl-2" (Paramount) This is average "inside Hollywood" fare. As in the reel's predecessor, a good deal of attention is focussed upon Miss Hopper, who is first seen entertaining a few screen players and veteran William Farnum at her home. Subsequently it shifts to the Milwau- kee premiere of Miss Hopper's first "Hedda Hopper's Hollywood," then to the ground-breaking ceremonies at what is to be the Motion Picture Re- lief Fund home, and finally to the Mo- cambo, a Hollywood night spot. Run- ning time, 10 mins. Release, Dec. 5, 1941. "Unusual Occupations, Ll-2" (Paramount) Presented in color here are six in- teresting items, some of which have action in addition to interest, making for one of the better shorts in the series. Shown are a woman zoologi- cal director in San Diego; the art of coloring glass ; aquatic acrobatics ; musical instruments composed of ani- mal hides ; breeding of goldfish, and finally an exhibition of sharpshooting. Running time, 11 mins. Release, Dec. 5, 1941. "Kitchen Quiz No. 2" (Columbia Quiz Reel) (Columbia) Ed East and Polly, the network team, again give film fans the benefit of the household tips they have been broadcasting over the air. They illus- trate the removal of grease spots from clothing ; how to tell whether eggs are fresh without breaking the shells ; how to remove the excess salt or the burnt taste from food; how to collect hairs shed by the family dog, and such. Should interest both men and women. Running time, 9 mins. Release, Dec. 12, 1941. "The Gay Parisian" ( Warners) This subject with the Ballet Russe de Monte Carlo, while differing, of course, in choreography, is virtually the same as the first, "Spanish Fiesta," in execution and value for the theatre. It is rich and colorful and brings something new to the screen. The ballet company depicts the tale of the gay Peruvian adventurer in a Parisian cafe, pursuing the girls and creating amusing mayhem. Leonide Massine, Milada Mladova and Fred- eric Franklin are featured. The pres- entation is strikingly beautiful and in no small way is Jean Negulesco's di- rection responsible. His filming of one scene, in which a wall mirror reflects the dancers, drew applause at the pre- view. Running time, 20 mins. Release, Jan. 10, 1942. "Campus Capers" (Personality and Name Band Musical) (Universal) This is bright and tuneful, should rate with those who like a little music on the side. It opens with library material on the big football game and then shifts to the victory celebration. Jack Teagarden and his orchestra provide the music with songs by Susan Miller, an attractive and capable vocalist, and Kenny Stevens, young tenor. A few other acts also are on the program. Running time, 18 mins. Release, Jan. 7, 1942. "Peaceful Quebec — At War" (Variety Views) ( Universal) Here traces of the war are reflected only in the stepped-up production of wood pulp. The reel is a nicely filmed travelogue covering native oc- cupations and diversions, farming, in- dustry, the tourist trade at play, and a few spots of historical interest, all shown while the commentator talks about war. Running time, 9 mins. Release, Jan. 5, 1942. "Annapolis Salutes the Navy" (Variety Views) (Universal) This is a quiet, fairly interesting insight on Annapolis, which focuses particular attention on the relics of Colonial days, such as the homes of three signers of the Declaration of Independence, while the commentator recites their history. It is brought to a close with the naval cadets saluting Tecumseh with the traditional tossing of pennies. Running .time, 9 mins. Release, Dec. 8, 1941. "Strange Facts" (Cinescope ) (Columbia)) Three items make up this reel. The sea shell industry is shown prepar- ing lamps, jewelry and other orna- ments from a huge collection of shells ; a sculptor is at work making many things from fresh cocoanuts, and an unusual migration of shad takes over Silver Springs, Fla. Done in color, the reel holds interest. Running time, 10 mins. Release, Dec. 6, 1941. "She's Oil Wine" (All Star Comedies) (Columbia) Buster Keaton, aided and abetted by Elsie Ames, Monty Collins and Eddie Laughton, indulges in some old style slapstick. As a plumber, Keaton tries to help Miss Ames evade the courtship of an unwanted foreign nobleman. The latter becomes insulted and a duel is fought. There are the usual compli- cations attendant upon the plumber's trade and duelling but laughs are few. Running time, 17 mins. Release, Nov. 20, 1941. "Battlefields of the Pacific" (March of Time) (RKO) With the war developments, the "dated" news matter that forms "Bat- tlefields of the Pacific" has actually gained in value. It is a special March of Time issue compiled of materiaL- from three previous subjects whicjK1 dealt with what is now the chief foari , point of American interests — the Far East — and is frankly labeled as such. It is comprised of sequences from "Crisis in the Pacific," released De- cember, 1939; "The Philippines: 1898- 1946," May, 1940, and from "Spoils of Conquest," July, 1940. The film is an intelligent and informative analysis of the military strength, geographical significance and natural resources of the Philippines, the Dutch East Indies, Hong Kong and Guam. Running time, 22 minutes. Release, Dec. 19, 1941. "Rhythm in the Ranks" (Paramount) Disgraced because he tarried by the wayside for a flirtation with a pretty skater while the rest of the wooden soldiers marched off to maneuvers, the recreant redeems himself by re- pulsing an enemy army single-handed, but with the aid of invisible camou- flage paint. George Pal's new Mad- cap Models Puppetoon is a sprightly subject, pleasing to see. The color is particularly good. Running time, 10 mins. Release, Dec. 13, 1941. "How to Hold Your Husband — Back" (Pete Smith Specialty) (M-G-M) Several types of wives, all of whom love their hubbies not wisely but too well, are presented for audience amusement by Pete Smith in a new Specialty reel. The well-meaning but disastrous — to their husbands — efforts of the wives should garner a full measure of chuckles everywhere. Running time, 10 mins. Release, Dec. 13, 1941. "Who's a Dummy" (Leon Errol Comedy) (RKO) Devoid of subtlety, Leon Errol is involved in a series of preposterous situations stemming from his assump- tion that his wife, Vivian Tobin, is engaged in a torrid love affair with another, which in reality is a re- hearsal of a play. It is typical Errol comedy staged only for the laughs it will no doubt draw. In comparison with previous Errol efforts, this is about average. Running time, 17 mins. Release, Nov. 28, 1941. "Gaucho Sports" (Sportscope) (RKO-Pathe) This is an entertaining sports reel, whose subject, enhanced by good pho- tography, is the occupational and recreational activities of the gaucho on the Argentine Pampas. The great cattle herds, which, incidentally, cur- rently figure in international discus- sions, skillful riding and a unique method of roping are shown. It should go over well with most audiences. Running time, 9 mins. Release, Oct. 21, 1941. Wednesday, December 17, 1941 Motion Picture Daily 7 RadioPlaced On Censorship Basis by U.S. (Continued from page 1) ..Tship avoiding the dissemination of lotailed information of certain kinds, ^jch as reports of the movements ^ vessels and troops, probably will nieet the requirements of the situa- :ion. Definite censorship will be neces- sary, however, to see that valuable information does not reach the en- ;my, inadvertently or otherwise, rhrough the medium of the mails, adio or cable transmission, or by any ither means. Certain types of in- 'ormation, covered by long-standing iaws, also is to be withheld, he said. Revive War Powers The announcement that censorship .\ould be established followed by a few hours the quick enactment by L'ongress of legislation reviving World War powers of the President, ncluding that of censorship of inter- national communications. Domestic ->roadcasting was not included in the neasure, being already taken care of under Section 606 of the Communi- cations Act of 1934. Outlining the various steps which would be taken to prevent information from reaching the enemy, the President commend- ed the attitude of radio and the press toward the safeguarding of vital news. "The Government," he said, "lias railed upon a patriotic press and radio to abstain voluntarily from the dissemination of detailed information of certain kinds, such as reports of the movements of vessels and troops. The response has indicated a univer- sal desire to cooperate." Newsreel filming of military or laval activities already is under Strict control of the War and Navy Departments, as is the use of such scenes made in the production of fea- :ures. Urges Caution on Air News Reports I Urging the importance of accuracy n news reports, even at the expense of immediacy, A. A. Schechter, NBC news and special events director, yes- :erday sent a memorandum to all the letwork's news editors listing cau- :ions to be observed. He repeated the previously issued warnings igainst reading casualty lists, move- nents of troops, weather information Imd the like. Pointing out that the enemy fre- juently sends out false communiques to obtain information by denial or affirmance. Schechter warned against dissemination of such reports. He nade an exception, however, for com- nentators who, because they can ex- >lain the full meaning, may discuss :he communique in its proper light. Denies Receiver Plea > Scranton, Pa., Dec. 16.— Judge Samuel E. Shull refused a petition filed by Lou Pollar asking for the ap- 3ointment of a receiver for the Union Broadcasting Co., operator of WARM iere. Pollar is litigating a claim B gainst the company. Off the Antenna THE largest single contract with a wine sponsor was signed yesterday by WXEW with K. Arakelian, Inc., makers of Mission Bell Wines. The con- tract is for 52 weeks and is non-cancellable, even the usual war cancellation clause having been eliminated. The deal calls for 1,267 15-second cut-in announcements, 936 run-of-schedule announcements and 312 15-minute music periods during the year. Other new business includes a 52-week contract with the American Chicle Co. which has added three 15-minute periods weekly on "Make Believe Ballroom" in addition to the spot campaign which has been conducted exclusively on WNEW, and Hensler Brewing Co., which has extended a 30-week contract for three periods weekly on the "Ballroom" for an additional year. • • • Purely Personal: Robert Gerdy, CBS trade news editor, has resigned, effective Friday, to join the press dh'ision of the Office of the Coordinator of Information. . . . Edgar Kobak, NBC vice-president in charge of Blue sales, n-as host at a luncheon yesterday for the female employes of the Blue sales dh'ision. . . . James K. Breylcy of Music Corp. of America and Mrs. Breyley (Virginia Verrill, the vocalist formerly heard on "Uncle Walter's Doghouse") became parents of a boy this week. . . . Rudy Vallcc has signed Joan Davis as a per man-en t member of his cast. ... On again — off again — on again — has been the status of the annual East- West all-star football game originally scheduled to be carried by Mutual under the sponsorship of Gillette from San Francisco New Year's Day. When Army officials cancelled the game, it was shifted to New Orleans but Mutual still couldn't carry it because it had previously scheduled the Cotton Bowl game from Dallas, figuring that the difference in time zones would permit carrying both contests. It was all settled yesterday, how- ever, when the East-West game was postponed to Jan. 3. • • • Weather forecasts laded from the radio picture yesterday as just another war casualty. The War Department asked discontinuance of the reports which might aid the enemy. Stations are arranging with sponsors of these forecasts for other periods. WOR, which frequently broadcasts road condi- tions, is making arrangements with local police to continue such broadcasts but eliminate weather data. ... Program News: Col. Stoopnagle will return to the air next March over NBC-Blue under sponsorship of the Ontario Travel & Publicity Bureau. He will be heard Fridays, 7-7:30 P.M. . . . Sterling Products has reneivcd "Orphans of Divorce" and "Amanda of Honeymoon Hill" over 66 NBC-Blue stations Mondays through Fridays. . . . Effective Jan. 4, Standard Brands has renewed the Edqar Bergen shozv and "One Man's Family" heard Sundays over 84 NBC-Red stations. FDR Air Talks HoldingNation Close to Sets Huge audiences continue to stay close to the radio receiver when President Roosevelt is on the air, it was indicated again yesterday by a survey by Cooperative Analysis of Broadcasting which reported that 63.3 per cent of all set owners heard the President and the Bill of Rights program Monday night. CAB reported that the show it- self established an all-time high for programs using a regular radio tech nique and it was the fourth largest audience for the President. The President's speech the week before drew 83 per cent of set own- ers, according to CAB. C. E. Hoop- er rated the broadcast 79 per cent, an all-time record. The address to Congress, earlier the same day, drew 60 per cent, according to Hooper. Wisconsin Houses Air News Summary Janesville, Wis., Dec. 16. — Many theatres of southern Wisconsin have made arrangements with station WCLO here to have portions of newscasts on the loudspeakers in the- atres so that patrons may be informed of the latest news while watching the show. Fox houses here are sponsoring a news digest over WCLO twice daily— at 7 A. M. and 5:45 P. M — and a complete news summary at its Jeffris and Myers theatres at 9 P. M. Short Wave Shifts To Boost Coverage Starting today, the two NBC short wave transmitters and WBOS, the Westinghouse short wave transmitter in Boston which also broadcasts the NBC programs, will shift their en- tire schedules and frequencies to ad- just their language programs for the greatest amount of listening in for- eign countries. Both NBC and CBS continue to operate their short wave transmitters 24 hours daily. CBS reported yes- terday that it had received assurances from Latin American stations of whole-hearted support. Charles Malmstedt, Finnish - born American, yesterday joined the NBC staff as newscaster in Finnish. McLaughlin Resigns As W1BC Manager Indianapolis, Dec. 16. — C. A. Mc- Laughlin, vice-president and general manager of WTBC here, has resigned. He also reisgned as an officer and di- rector of the Indiana Broadcasting Corp., operator of the station. H. G. Wall, president of the cor- poration and a principal owner of the station, has assumed the management. The PAY! OFF PICTURE CHARLES D. BROWN, as Hunt, captain of a doomed ship. Pittsburgh Union Elects Pittsburgh, Dec. 16. — Claire Mee- der has been reelected president of Musician's Local 60. Edward G. En- berts is vice-president, Nick Hagarty, secretary, and Emil Bills, Hal Davis, Mike Hickly, Frank Panella, Gene Urban and George Wilkins, directors. mm DRAMA OF SPIES AND SABOTAGE AT SEA! J.EDWARD BROMBERG OSAMASSEN WILLIAM WRIGHT MARGARET TALLICHET ABNER BIBERMAN JOHN H. AUER— Director Screen play by Lawrence Kimble and Malcolm Stuart Boylan Original story by George Worthing Yates and Julian Zimet Buy. U. S. Defense Bonds 8 Motion Picture Daily Wednesday, December 17, 194] ] Reviews "The Bugle Sounds" (M-G-M) r~T~K HE final one-fourth of this production is crammed with action and *: suspense and does much to offset the laggard pace of the earlier phases. The difficulty seems to be that the real story does not begin until the picture is three-quarters over. That footage is devoted to depicting Wallace Beery as a hard-bitten cavalry sergeant, resentful of the new- fangled Army mechanization. Then a shipment of tanks is sabotaged and a runaway vehicle kills Beery's well-loved cavalry mount. Apparently resentful, Beery disap- pears and after a scene of insubordination when he is returned, he is court-martialed and dishonorably discharged. Chance apparently brings him in contact with the saboteurs and it is then the audience learns the discharge of the veteran was designed solely as a blind to track down the saboteurs. It is while on this mission that the picture achieves its stirring action. Its timeliness seems its greatest virtue. The supporting roles are ably handled by Lewis Stone as the com- manding officer ; Donna Reed as a trainee's young bride ; Marjorie Main as Beery's old friend ; George Bancroft, Roman Bohnen and Jerome Cowan as the saboteurs, and William Lundigan as a tank corps trainee. J. Walter Ruben produced and S. Sylvan Simon directed. Running time, 101 minutes. "G."* Sherwin A. Kane "Mr. and Mrs. North" (M-G-M) Hollywood, Dec. 16 T T'S Gracie Allen across the board for showmen playing this lively *■ comedy of murder and mystification, which is as funny as she is be- cause she is most of it. According to the preview audience which saw it last week in Glendale, that is funny enough. They laughed long, loudly and in all the right places. Players associated with Miss Allen in the complicated proceedings, which recall "The Gracie Allen Murder Case" without being too much like it for comfort, are William Post, Jr., Paul Kelly, Rose Hobart, Vir- binia Grey, Tom Conway, Felix Bressart, Millard Mitchell, Porter Hall, Lucien Littlefield, Inez Cooper, Keye Luke, Jerome Cowan, Stuart Crawford and Fortunio Bonanova. The story baffles synopsis. Production is by Irving Asher, direction by Robert B. Sinclair and the script by S. K. Lauren, all parties pitching to Miss Allen throughout. Running time, 67 minutes. "G."* Roscoe Williams "West of Cimarron" (Republic) ti\\ /"EST of Cimarron" is a routine Western, neither more nor less. * » It has the regulation company of characters, a yarn that is not always smooth running, and action. As they have done before, the Three Mesquiteers ride smack into trouble — post-Civil War Texans vs. tax-minded Union troopers — and waste little time in adjusting matters. The trio, Bob Steele, Tom Tyler and Rufe Davis, have with them in the film Lois Collier, daughter of the commanding officer who is unaware of his assistants' carpet-bag- ging; James Bush, leader of the battling victims, and others, including Guy Usher, Hugh Prosser, Cordell Hickman and Roy Barcroft. Steele, Tyler and Davis soon learn the facts, pretend to take sides with the troopers and eventually effect the expose. In a big concluding fight the Texans win. Director Les Orlebeck was not provided with the best of material. Louis Gray was associate producer. Running time, 56 minutes. "G."* Eugene Arneel War Blow to L.A. Grosses; 'Flying' Good Los Angeles, Dec. 16- -Strong business prior to the war declaration helped the week's totals, for grosses fell 50 to 35 per cent in first runs with blackouts and preparations play- havoc with business. "Keep 'Em Flying" took $22,200 at the Hillstreet and Pantages. Estimated receipts for the week ending Dec. 10 : "Two Faced Women" (M-G-M) "Marry the Boss' Daughter" (28th-Fox) CHINESE — (2,500) (33c-44c-55c-75c) 7 days. Gross: $13,000. (Average: $12,000) "All That Money Can Buy" (RKO) 4 STAR— (900) (44c-55c) 7 days, 3rd week. Gross: $4,000. (Average, $3,250) "Citizen Kane" (RKO) HAWAII— (1,100) (33c-44c-55c-75c) 7 days, 8th week. Gross: $3,100. "Keep 'Em Flying" (Univ.) "Burma Convoy" (Univ.) HILLSTREET — (2,700) (33c-44c-55c-75c) 7 days. "Flying" 2nd week. Gross: $12,700. (Average, $6,500) "Two Faced Woman" (M-G-M) "Marry the Boss' Daughter" (20th-Fox) LOEWS STATE— (2,700 (33c-44c-55c-75c) 7 days. -<5ross: $17,000. (Average, $14,000) "Keep 'Em Flying" (Univ.) "Burma Convoy" (Univ.) PANTAGES — (3,000) (33c-44c-55c-75c) 7 days. "Flying" 2nd week. Gross: $9,500. (Average, $7,000) "Appointment for Love" (Univ.) PARAMOUNT — (3,5951 (33c-44c-55c-75c) 7 days. Stage: "Meet the People". Gross: $16,000. (Average, $18,000) "One Foot in Heaven" (W.B.) "The Tanks Are Coming" (W.B.) WARNER BROTHERS (Hollywood) — (3,000) (33c-44c-55c-75c) 7 days. Gross: $12,- 100. (Average, $14,000) "One Foot in Heaven" (W.B.) "The Tanks Are Coming" (W.B.) WARNER BROTHERS (Downtown) - (3.400) (33c-44c-55c-75c) 7 days. Gross: $12,- 100. (Average, $12,000) 'Wife' Gets $9,000; Slump Hits Toronto Toronto. Dec. 16. — "Our Wife" grossed $9,000 at the Imperial during a week that was hit by the war news and the full effect of the Christmas slump. "Keep 'Em Flying" at the Uptown in the third week, took $7,500. Estimated receipts for the week ending Dec. 13 : "The Remarkable Mr. Kipps" (British) "Man at Large" (20th-Fox) EGLINTON— (1.086) (18c-30c-48c-60c) 6 days. Gross: $3,000. (Average, $4,500). "Our Wife" (Col.) IMPERIAL — (3,373) (18c-30c-42c-60c-90c) 6 days. Gross: $9,000. (Average. $9,000) "The Chocolate Soldier" (M-G-M) "The Devil Pays Off" Rep.) LOEWS— (2,074) (18c-30c-42c-60c-78c) 6 days. Gross: $8,000. (Average, $9,000) "Belle Starr" (20th-Fox) "Great Guns" (ZOth-Fox) SHEA'S — (2.480) (19c-30c-42c-60c-90c) 6 days. Gross: $8,000. (Average, $9,000) "You'll Never Get Rich" (Col.) "Ellery Queen and the Perfect Crime" (Col.) TIVOLI— (1,434) (12c-18c-30c-48c) 6 days. Gross: $2,800. (Average, $3,900) "Keep 'Em Flying" (Univ.) UPTOWN— (2,761) (18c-30c-42c-60c-90c) 6 days. 3rd week. Gross: $7,500. (Average, $9,000) Technicolor 25c Dividend Technicolor, Inc., yesterday de- clared a dividend of 25 cents a share on outstanding stock, payable Dec. 29 to stockholders of record Dec. 22, it was announced by Dr. Herbert T. Kalmus, president and general man- ager. "G" denotes general classification. Legion Approves 12 Of 14 New Pictures The National Legion of Decency for the current week has approved 12 of 14 new films reviewed. The new listing follows : Class A-l, Unobjectionable for Gen- eral Patronage — "The Blonde Comet," "Melody Lane," "Midnight Angel," "Mr. Bug Goes to Town," "Road Agent," "Sing for Your Supper," "Steel Against the Sky," "Thunder- ing Hoofs." Class A-2, Unobjection- able for Adults — "Dr. Kildare's Vic- tory," "Honolulu Lu," "King's Row," "Paris Calling." Class B, Objection- able in Parts — "Kliou," "The Alan Who Came to Dinner." Ampa Testimonial To Hays in March (Continued from page 1) Havs became president of the MPPDA on March 5, 1922 Ampa has appointed the following committee in charge of general plans for the dinner : Leon Bamberger, chairman ; Maurice Bergman, John Flinn, Rutgers Neilson, Kenneth Clark, Joel Swensen and H. M. Richey. Special committees will be named later. Among early plans for the affair is one for a coast-to-coast broadcast emanating from Hollywood and de- pktiner the industry's history for the past 20 years. Universal and RKO Security Deals Are ! Reported by S. E. C. j Washington, Dec. 16. — Disposition in October of 220 shares of Universal j Pictures first preferred stock by Uni- versal Corp. has been reported by thej Securities and Exchange Commission! in its final summary for the month." The report showed that Univer^ Corp., at the close of October, sjr held 230,927 shares of Universal Pic-H tures common and 20,000 share of sec-y| ond preferred stock. The only other October transaction., reported was the acquisition by Radio. Keith Orpheum Corp. of 70 shares of. Keith-Albee-Orpheum common stock, giving it a total of 1,205,745 shares to- gether with 7,476 shares of preferred. Report Monogram Trading A delayed report filed by M. A. Hulling, director in Monogram, dis-f closed the acquisition in August of 2,589 shares of Monogram commor through Monogram Pictures of Cali- fornia and 1,294 shares through Mono- gram Pictures of the Northwest, giv-'j ing a total of 5,223 shares held througf the former and 2,712 shares througl the latter. Reports on the holdings of person; becoming officers or directors of regis tered corporations showed that Loui: J. Barbano, New York, held no Col umbia Pictures securities when he be came a director in that company Oct 8, but that Herbert Scheftel, Nev York, held 5,500 shares of Trans Lu? common stock when he became a di rector in that company Oct. 30. A report on Coulmbia Broadcastin; System showed the disposition, b gift, of 10,000 shares of Class B com mon stock by William S. Paley, presi dent, leaving him with 244,356 shares. Studios Announce New War Picture, Hollywood, Dec. 16. — Republic plans to make "Remember Peari Harbor," an original by Alber' J. Cohen, associate producer, to star Dec. 29. The studio also liste< <■ "Yanks Over Burma Road," "Inter' J national Bandit, "Interceptor Com mand" and "Wings Over Alaska" fo early production. Paramount announced it plans tn - make "Wake Island," a story of th, defense of America's Pacific outpos; The studio also has announce " "Listening Post." The script of "Burma Road," 20t ' Century-Fox film, is being rewritte I to bring it up date, the studio disj H closed. Columbia has registered "Salute t - Tobruk," based on the title of the BB1 program. Killed in Hawaii Des Moines, Dec. 16. — Announo ment of the second death in the H; waiian fighting that affected film ro, here was that of Harry Hudgell, boatswain's mate first class, who; stepmother has been bookkeeper I Central States Theatres the past 2 years. R. I. Projectionist Dies Providence, R. I., Dec. 16. — Patrici T. McKenna, 45, veteran local proje' tionist, died today at his home : -. nearby Auburn. He had been an oj erator nearly 30 years. Alert. InteUiget 0 to the Picture Industry MOTION PICTURE DAILY — First in and Impartial )L. 50. NO. 120 NEW YORK. U.S.A.. THURSDAY, DECEMBER 18, 1941 TEN CENTS Willkie Cites Film Freedom In War Crisis Speaker at Inter-Faith Campaign Meeting By SAM SHAIN Whereas two or three months £0 the motion picture industry had o defend its right to show pictures depicting Xazi injustice and horror, no- body today w o u 1 d want the industry to d o otherwise than to bring to the Ameri- c a n public stimulation of their own ac- t i v i t i e s by films of the great struggle going on in the world, (Wendell L. Willkie said yesterday. He addressed a blue ribbon audi- -rice of about 60 men and women of {Continued on page 5) Wendell Willkie Complete 'Dimes' Committee Named I George J. Schaefer. RKO presi- i eat, and W. G. Van Schmus, man- aging director of the Music Hall, lave accepted co-chairmanships on he National Motion Pictures Commit- lee for the 1942 March of Dimes ampaign, Nicholas M. Schenck, hairman, announced yesterday. Their acceptances complete the per- onnel of the national committee Vhich includes, in addition to the three named, Barney Balaban. C. C. *Ioskowitz, Oscar A. Doob, Harry 3randt and 48 state chairmen. Coast Groups Plan Talent Service Pool Hollywood, Dec. 17. — An organi- sation to coordinate requests for free alent appearances was formed last light by film, radio, stage and talent groups. Fred W. Beetson. executive :ce-president of the Association of iM. P. Producers, was named chair- ran and the new group will be mown as the Hollywood Coordinat- {Continued on page 4) Alien Trading Is Industry Problem One of the problems facing the industry concerns the course which the companies must take with regard to trading with enemy aliens. Under the Trading With the Enemy Act, distributors are not permitted to deal with theatres owned or operated with Japanese, it was stated yesterday. Industry authori- ties are considering this situ- ation, according to report, and may act to obtain a close check of such houses, which are chiefly on the West Coast. 'Two-Faced Woman' Is Reclassified by Legion of Decency J. Robert Rubin, vice-president of M-G-M, yesterday revealed that the revised version of the film, "Two- Faced Woman." has been deemed by the National Legion of Decency suffi- cient to warrant the removal of the film from the "C" or "Condemned" classification to the "B" or "Objec- tionable in Part" classification. Rubin yesterday issued the follow- ing statement : "In response to criticisms which have been expressed relative to 'Two- (Continucd on page 7) WALKER HEADS U.S. CENSORSHIP STUDY Civil Defense Films Set by Studio Group Hollywood, Dec. 17. — The Army training film project of the Research Council of the Academy of M. P. Arts and Sciences in collaboration with the Signal Corps has been ex- panded to indued a series of civilian defense films, it was announced last night. The first of these films, all of which will deal with military information of vital importance and interest to civilian populations, will be on such subjects as safeguarding military in- formation, proper cooperation of civ- ilian populations with military au- thorities, proper preparations for blackouts, and the like, it was said. Prints will be distributed through the cooperation of the distribution and exhibition branches of the indus- try's national defense committee, now the War Activities Committee Mo- tion Picture Industry. The script for the first of the films has been com- (Continued on page 4) See U.S. Asking Extension Of Decree Escape for Year An extension of the June 1, 1942, deadline for the decree escape clause may be sought by the Government in the event it becomes apparent that a decision cannot be obtained in the New York anti-trust action against the "Little Three" by that date, Rob- ert L. Wright, special assistant to the U. S. Attorney General, admitted in U. S. District court here yesterday. The extension, attorneys indicated, would be for a year. [Motion Picture Daily re- ported on Monday that the Gov- ernment procedure under such circumstances probablv would be to ask for an extension of the escape clause deadline.] L'nder the decree escape clause, the trade show and blocks-of-five sales provisions will become inoperative after June 1 if the Government has not obtained convictions or substan- {Continued on page 4) 5-Block Law Hurts Sales, Wobber Says St. Paul, Dec. 17. — The Minne- sota anti-block-of-five law has a seri- ous effect on distribution in the Northwest territory, Herman Wob- ber, 20th Century-Fox general sales manager, testified today while under cross-examination in the State's crim- inal actions against Paramount, RKO Loew's to resume selling in Minnesota. See Page 4. and 20th Century-Fox for violations of the law. . Colonel Jason Joy of the 20th Cen- tury-Fox studio, continued his testi- {Continued on page 4) Special Unit of Cabinet Sifts Plans for War Agency Setup Washington, Dec. 17. — Plans for various Federal agencies for war time censorship are under study by a spe- c i a 1 cabinet committee headed by Post master General Frank C. Walker, it was revealed at the White House today. The committee w i 1 1 develop an overall pro- gram for sub- mission to President Roosevelt. Other members of the committee are Vice-President Henry A. Wal- lace and Attorney General Francis Biddle. Lowell Mellett, director of {Continued on page 4) Frank C. Walker Newsreels Release Pearl Harbor Films Films of the Japanese attack on Pearl Harbor are included in the newsreels' weekend issues which are being received by theatres today. Some of the shots show Honolulu under fire. The pictures were made available by the U. S. Army Signal Corps. The Signal Corps had previously col- lected all shots made by newsreel men who were on the spot when the at- tack occurred. The newsreel of- fices here are still in the dark about what arrangements have been made for their coverage in Hawaii. Radio Poll Tomorrow THE results of Motion Picture Daily's poll to determine the Radio Cham- pions of 1941, conducted among more than 600 radio editors in the United States and Canada, will be pub- lished tomorrow. Motion Picture Daily Thursday, December 18, 1941 -i Acknowledge Unity Meet War Pledge Chicago, Dec. 17 — Acknowledg- ments of the resolution adopted by the all-industry unity conference in Chi- j cago Dec. 9 pledging the service and support of the industry to the Presi- dent and the armed services, have beer received by Jack Kirsch, temporan chairman of the committee, from the White House and the office of tiij Secretary of the Navy. m The White House message, sigK by M. H. Mclntyre, secretary to th< President, said in part : "The message; which have been received have givet the President strength- and courage tclj carry out the will of the Americai I people. For the splendid assurano I conveyed in your message he is morJ appreciative than he can say." Lieutenant Alan Brown of Secretar; i Knox's office wrote in part : "Suci \ offers of cooperation are extremel; ij heartening and merit the appreciation of the entire Naval establishment." Personal Mention L EO SPITZ is en route to Cali- fornia. Louis D. Frohlich left for the Coast by train last night after having postponed his scheduled departure for a few days. • Ralph L. McCoy, Warners' South- ern and Midwestern division mana- ger, has returned from a trip to his territory. r Antonio Osio, owner of the Cine Olimpia, in Mexico City, is visiting in New York with Mrs. Osio. Dinner Tomorrow in Chicago forRKO Men Ned E. Depinet, RKO vice-presi- dent, and A. W. Smith, Jr., sales man- ager, will leave tonight to attend the testimonial dinner in Chicago tomor- row night for Walter Branson, West- ern division manager ; Jack Osserman, Midwestern district manager, and Sam Gorelick, Chicago branch manager. Chicago exhibitors, circuit execu- tives and others are expected at the Congress Hotel party. Jack Kirsch, president of Allied of Illinois, has ar- ranged an entertainment program. Ex- ecutives from other Midwestern cities also are expected. Club Endows Film Library in Denver Denver, Dec. 17. — The Rocky Mountain Screen Club, of which Rick Ricketson is president, has endowed and is sponsoring the Library of Mo- tion Picture Arts and Sciences of the University of Denver, as a reference source. The library is housed in a wing of the new library building. The official dedication will be part of the 27th anniversary of the Rocky Mountain Screen Club next March. Conn. Units Weigh Raid Precautions New Haven, Dec. 17.— The Con- necticut MPTO and Allied Theatre Owners of Connecticut met jointly to- day to formulate a plan of theatre air raid defense precautions, which will be submitted for the approval of the Com- missioner of State Police. BROADWAY PLAYS "GRAND-SCALE SMASH HIT! — Life Magazine GERTRUDE LAWRENCE In the Musical Play "LADY IN THE DARK" ALVIN, 52 St. W. »f B'way— Mats. Wed. & Sat. "A GREAT SHOW. "--Herald Tribune 50c, $1 & $1.50 NO HIGHER 2ND YEAR — 2ND EDITION of the _ Sensational Musical Icetrava^anza It happens on ice at America's Only Ice Theatre Center Theatre, Rockefeller Center. CO. 5-5474 Eves, except Mon. Mats. Sat., Sun. &. Xmas 501 Seats for Every Perf. 50c. EVGS. AT 8:40 Abandon Sneak Previews on Coast Due to Blackouts; Seek Papers' Aid Hollywood, Dec. 17. — Discontinuance of the long-standing prac- tice of "sneak" previews not intended for press review in Los Angeles suburbs was announced today by Y. Frank Freeman, presi- dent of the Association of M. P. Producers. Freeman asked the cooperation of Los Angeles editors in not printing reviews prior to specified review dates. He cited war conditions as making journeys to distant points dangerous in the event of blackouts. The zoning system thus ended was invoked several years ago to end a competitive conflict which raged between local publications at that time, to the dissatisfaction of all parties and considerable cost to the studios. Newspaper cooperation is expected to be uniform and spontaneous. Texas Exhibitor Files Arbitration Appeal B. R. McLendon, operator of the Texan and State theatres, Atlanta, Tex., has filed an appeal from the dismissal of his clearance complaint at tRe Dallas board, American Ar- bitration Association headquarters reported yesterday. The complaint named Loew's, RKO, 20th Century-Fox and War- ners, and the Paramount and Strand theatres at Texarkana, Tex. J. B. Adone, arbitrator, dismissed the case Nov. 30 after finding that the clear- ance granted the competing theatres was not unreasonable. The complaint attracted attention when Paramount-Richards Theatres, of which E. V. Richards is head, and which operates the competing the- atres, served notice that it would not intervene in the case and did not recognize the jurisdiction of arbitra- tors over its operations. Seek to Regulate L. A. Stage Shows Hollywood, Dec. 17. — Regulation of stage shows and theatre perform- ances other than motion pictures is proposed by the Los Angeles police commission in the draft of an ordi- nance sent to the city council. The proposed measure would em- power the commission, under the per- mit section, to take necessary steps "for the maintenance of public order, the promotion of public morals and the orderly conduct of such places." The measure was discussed by the City council today. Councilmen ex- pressed the view film houses should be exempt from all regulation inas- much as police now have the power to seize salacious films in theatres. The bill was referred to 'he Police and Fire Committee. 'Bahama' Booked by Loew's State Here Loew's State has booked Para- mount's "Bahama Passage" for a two- week first run engagement beginning Christmas Day. The booking was made possible because of a product jam at the New York Paramount resulting from extended runs, the dis- tributor said. Barron to Give Party Washington, Dec. 17. — Carter T. Barron, Loew's zone manager here, will give his annual party Saturday night at the Hotel Shoreham for the heads of theatres operated under his general direction. In attendance, with their wives, will be managers of Loew houses in Harrisburg, Reading, Wil- mington, Baltimore, Richmond, Nor- folk and Washington. Fine Two London Houses on Quota London, Dec. 17. — Two American owned houses in London's West End have been fined £50 each for failing to fulfil their quota obligations and screen 15 per cent of British feature films. They are the Carlton and the Plaza, both owned by Paramount. It was claimed in defense that over 100 British films had been rejected as unsuitable. The Magistrate, however, insisted that British films were obtain- able and it should not have been con- cluded that all the films rejected would have been failures. Van Dyke to Head Chicago Film Club Chicago, Dec. 17. — A. M. Van Dyke has been elected president of the Reelfellows Club here, composed of film salesmen, succeeding W. Wein- shenker. Other new officers are Nat Nathanson, vice-president, and Frank Young, secretary. Robert Funk was reelected treasurer and Al Kent is the new sergeant-at-arms. The club's annual dinner dance, to be held in the Gold Room of the Con- gress Hotel, has been changed from Jan. 30 to Feb. 6, in order not to con- flict with President Roosevelt's birth- day ball. Boston Club Elects Four as Trustees Boston, Dec. 17. — The local Variety Club has elected four to serve three- year terms on the board of trustees. They are : Joseph Levinson, Paul Baron, Murray Weiss and Harry Rogovin. The local club will sponsor the first night of the "Icecapades" on Dec. 29 at the Boston Garden, the proceeds to go to the club's charitable work. Levy Host to 'U' Staff Des Moines, Dec. 17. — Lou Levy, Universal exchange manager, will en- tertain 36 employes and their hus- bands and wives at a dinner and Christmas party at the Savery Hotel here Monday. War Stamps as Change Washington, Dec. 17. — Sidney Lust, operator of neighborhood the- atres here and in nearby Maryland, has inaugurated the policy of giving defense stamps to patrons who want them in lieu of change. 'Soldier' Ending Run "The Chocolate Soldier" will end its run at the Astor Theatre on Broad- way Sunday evening, after eight weeks. It will be followed by "The Shanghai Gesture" on Dec. 25. Gruenberg Named RKO District Heat L. S. Gruenberg, branch manage for RKO at Salt Lake City, has bee appointed by Ned E. Depinet, vice president, as Rocky Mountain distric manager, replacing H. C. Fuller, wh has been granted a leave of absenc because of ill health. Gruenberg wi move his headquarters from Salt Lak City to Denver. A successor will b named shortly. Griffith Chief Barkei Of K.C. Variety Clm Kansas City, Dec. 17.— H. J. Gri: fith has been elected chief barker c the local Variety Club. Other officei are: Fred Meyn, first assistant; Le Finkelstein, second assistant; A. h Cole, secretary, and W. G. McKinnej treasurer. Directors include tl officers and Charles Potter, Russe Borg, R. R. Biechele, C. A. Schult O. K. Mason and Lester Durland. Frisco Union Reelects San Francisco, Dec. 17. — Al Maa has been reelected president of Th atrical Employes' Union Local 1 other incumbents being reelect including Secretary-Treasurer Nt Joyce and Business Agent Willia Sutherland. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday a holidays by Quigley Publishing Corapai Inc., 1270 Sixth Avenue, Rockefeller Cent New York City. Telephone Circle 7-3 1( Cable address, "Quigpubco, New York." M tin Quigley, Editor-in-Chief and Publish' . Colvin Brown, Vice-President and GenejB Manager; Watterson R. Rothacker, Vi, President; Sam Shain, Editor; Alfred Finestone, Managing Editor; James Cron, Advertising Manager; Chicago Burea 624 South Michigan Avenue, C. B. O'Ne1 Manager; Hollywood Bureau, Postal Uni. Life Building, William R. Weaver, Edit* Leon Friedman, Manager; London Bure; 4 Golden Square, London Wl, Hope W C liams, Manager, cable address "Quigpub London." All contents copyrighted 1941 Quigley Publishing Company, Inc. Otl Quigley publications: Motion Picti Herald, Better Theatres, Internatio Motion Picture Almanac and Fame. 1 tered as second class matter, Sept. 23. 1" at the post office at New York, N. under the act of March 3, 1879. Subsci tion rates per year $6 in the Americas ; $12 foreign. Single copies 10c. for you. In every case, it's marked "Do Not Open Until Xmas!" In every case EXCEPT ONE ... That one is Warners' "They Died With Their Boots On" which opened in a limited number of spots Thanksgiving Day and has already earned \ THREE SMASH WEEKS AT THE N. Y. STRAND! J HOLDOVERS IN PRACTICALLY EVERY SPOT! iUSINESS WAY OVER "DIVE BOMBER " AND "DODGE CITY"! We opened it early so that you could know what 4 Motion Picture Daily Thursday, December 18, 19- See U. S. Asking Extension Of Decree Escape for Year Walker Heads Cabinet Group Censor Study (Continued from page 1) the Office of Government Reports, while not a member, is sitting in on the meetings of the committee. Stephen Early, the President's sec- retary, said that. Byron, Price, yester- day named director of censorship, is expected to arrive, in. Washington Fri- day to meet with the cabinet com- mittee. The proposed program will be de- signed to eliminate the evils and diffi- culties experienced with censorship during World War I, Early said, and news gatherers in Washington will probably have little contact with the censorship office. This office will seek to suppress at the source information which might be of aid to -the enemy. President to Approve Early said the committee has been sifting a number of plans developed by Government agencies before the outbreak of war and that the plan will be submitted to President Roosevelt for final approval. It is hoped that the plan will be ready for submission by the time the pending war powers bill is signed. Mail, cable and radio messages go- ing out of or coming in the country will be subject to censorship. Gov- ernment sources of information, how- ever, will remain open because the Government considers it "most im- portant" to transmit news from the source to the public with the least possible delay, Early said. Coast Groups Plan Talent Service Pool (Continued from page 1) ing Committee for Stage, Screen and Radio. A huge talent pool is planned for the rotation of names and for au- thentication of appeals for personal appearances. Committee members include Y. Frank Freeman, A.M. P.P. president ; Howard Strickling, chairman of the publicity directors' committee; Edward Arnold, Screen Actors Guild president and Holly- wood head of USO-Camp Shows ; Kenneth Thomson, SAG executive vice-president; Bert Allenberg, Art- tists Managers Guild president; Charles K. Feldman, an agent; True Boardman of the American Federa- tion of Radio Artists ; Don Gilman, NBC vice-president; William Forbes of CBS ; I. B. Kornblum of the The- atre Authority, and Jock Lawrence, who will serve as secretary. Feldman was named to head a sub- committee to set up a talent roster. Recently, studios have been flooded with requests for personal appear- ances, as many as 40 having been re- ceived in one day. Chicago Red Cross Unit Chicago, Dec. 17. — Forty-five wo- men employes of companies along Film Row here met last night to or- ganize for an active part in the new Red Cross theatrical unit being formed by Lucille Ballantine, booking agent. (Continued from page 1) tially similar decrees from Columbia, United Artists and Universal by that date. Acting on the Government's appli- cation yesterday, Federal Judge Henry W. Goddard restored the "Little Three" anti-trust suit to the day calendar of the District court here for February. It is likely to be called for trial within two weeks fol- lowing its restoration to the calendar. 'Anxious' for Decree In taking that action, Judge God- dard stated : "I am anxious to see the decree carried out. Too much work has been put into it by all of us to permit it to fall by default. Restoration of the suit to the cal- endar was objected to by Benjamin Pepper of O'Brien, Driscoll & Raft- ery, counsel for United Artists and Columbia, and Louis D. Frohlich of Schwartz & Frohlich, counsel for Columbia. They pointed out that the Government only recently moved for trial of the Schine circuit anti-trust suit, in which the "Little Three" also are defendants, in Federal court at Buffalo, with the result that the case was set down for trial on March 3. They contended that the trial will consume several months and re- minded Judge Goddard that on sev- eral occasions he has told them that he would not require them to defend two of the Government's actions si- multaneously. Judge Goddard responded that "this court will be fair," and indicated that he will not insist upon the New York suit going to trial when it is called in February, or later, if such a trial were to work an unreasonable hardship on the defendants. Wants Trial Limited Wright proposed that a trial of the New York suit should be confined only to the sections of the Govern- ment's complaint which relate to block booking and blind selling, which, he contended, would make possible a decision in the case by June 1. A Government victory in such a trial would meet the require- ments of the decree escape clause and would continue the decree in full force beyond June 1. Both Pepper and Frohlich objected to "a piece- meal trial" of that nature. They told the court that the Gov- ernment now found itself pressed for time in the face of the escape clause only because the Department of Jus- tice has been "remiss" in not bringing the New York suit to trial ahead of the Crescent and Schine circuit cases. Civil Defense Films Set by Studio Group (Continued from page 1) pleted by Nunnally Johnson and Owen Crump and production was started at 20th Century-Fox today under the direction of Irving Pichel. Army training films are shown only to armed forces and are restricted under military secrets and espionage acts. Raises Saturday Price Lancaster, Pa., Dec. 17. — Ray O'Connell, manager of the Capitol, has increased Saturday prices. Loew's to Resume Minnesota Selling; Given Law 'Escape' Loew's will resume selling in Minnesota immediately as a result of the signing of an order by Fed- eral Judge Henry W. Goddard yes- terday granting the company an exemption from the anti-trade show and block-of-five sales provi- sions of the consent decree. The exemption permits the com- pany to operate in Minnesota without violating the state's anti-block-of- five law. Stanley Thompson, Loew's home office attorney, presented the order, which had been agreed upon with Robert L. Wright, special assistant to the U. S. Attorney General. Loew's was the last of the five con- senting companies to seek and ob- tain the court exemption from the decree for Minnesota selling. All companies now are selling in Minnesota under the state law, which requires distributors to offer an en- tire season's output at one time with a 20 per cent cancellation right. "We shouldn't be penalized for that," Pepper said. "We can be ready to try this case," Frohlich said, "but not the Schine case at the same time." Frohlich indicated that the "Little Three" counsel might apply to Fed- eral Judge John C. Knight at Buffalo for a postponement of the Schine trial later in order to allow time for prep- aration and trial of the New York suit. Judge Goddard said that an- other conference on the trial date of the local suit would be held when the case is called next February. Stanley Thompson, Loew's home office attorney, who was present at the hearing, asked that notice be given the consenting companies in the event the Government decides to ap- ply to Judge Goddard for an exten- sion of the escape clause deadline. Both the court and Wright agreed to this. Thompson pointed out that any extension of the deadline beyond June 1 probably would mean another year of the trade show and b'ock-of- five provisions, since the companies begin their new production and sales seasons at that time, and could not reverse their policies in mid-season. Phila. Union Elects Philadelphia, Dec. 17. — Ferdinand Fortunate has been reelected president of Local B 7 of the Film Exchange Employes union here. Other officers are : Edward Reckafus, vice-president ; James McWilliams, secretary ; Marie Hause, treasurer ; James Flynn, busi- ness manager ; Harry Appell, ser- geant-at-arms ; Mae Radigan and John Wagman, board of trustees. English Film for PRC "Angel of Terror," Edgar Wallace mystery, is to be produced by Pathe in England, and will be distributed in ' this country by Producers Releasing. 5-Block Law Hurts Sales, Wobber Say^ (Continued from page 1) mony today. His testimony was sul stantially similar to Wobber's. Wobber pointed out that shew deals, spilt deals and spot bookirl were outlawed by the anti-block-o five statute and that all were convei ient and widely used practices througl out the trade. He also pointed oi that the Minnesota exchange territoi includes not only that state, whei the statute is in effect, but also Norl Dakota, South Dakota and part i Wisconsin, where the five consentir distributors must operate under tl terms of the consent decree. Th creates a problem within the branc office itself, he pointed out. Wobber Describes Distribution Wobber traced his 34 years ass<; ciation with the industry and d<\ scribed distribution functions. t testified the Minneapolis territoi normally is serviced with six to : prints of a film. The average pla; ing life of a feature is only nil months, he said, and cited one ca where license revenues ran fro $200,000 for the first 34 weeks of tl picture's run, to $10 and $12.50 abo 18 months later. He said that un the consent decree went into effe there was no uniform method of sale Joy testified that 35 to 50 per ce of a year's group of pictures requin work outside of California. He sa the footage cost out of that stai however, was of a much smaller pe centage. The exchange and borro\ ing of stars is on a friendly basis, testified, but that competition betwe< studios is keen and the trading pra tice doesn't lessen competition. > studio has enough stars under co tract to fulfill all of its needs in ce tain pictures, he said. Essaness Moves Several Manage) Chicago, Dec. 17. — Several ma ager and assistant manager chang have been made the Essaness Theatr circuit here. On release from Arr duty, Carl Levine, formerly with t company, was appointed manager of t Biograph Theatre, succeeding Isado Comode who replaced Roy Zermain manager of the "400" Theatre. Zerma became manager of the Buckinghai replacing Earl Silverman who we1 to the Vic Theatre. Walter Gessler has returned to tl circuit as assistant manager of tl Crawford. Raymond Kanoff we from there to assistant manager the "400" and Joe Winninger becar an assistant manager at the Nor Center Theatre. NLRB Certifies I A Washington, Dec. 17. — The N tional Labor Relations Board tod; certified the IATSE as the sole cc lective bargaining agency for the pr< duction employes of the Alexand* Film Co. and Alexander Preview O Colorado Springs, Colo. (Thursday. December 18, 1941 Motion Picture Daily 5 Willkie Cites Film Freedom In War Crisis (Continued from page 1) [he world of entertainment at the or- ganization luncheon meeting held at Ihe Hotel Astor hy the theatre divi- Ui'n of the National Conference of Blristians and Jews, in that society's ^e\v budget campaign to raise $300,030. Willkie was the chief speaker of the becasion. J. Robert Rubin, chairman )f the theatre division, was toastmas- |er. In attendance among the many acted people of the business were \Lirtin Quigley, Nicholas M. Schenck. fack Cohn, George J. Schaefer, Will Hays, Louis Nizer, Herman Robbins, John Hicks, William F. Rodgers, t> 1 UU I C 111 LUC Army Now (C) 113 Jimmy Durante (1941-42) With Their Boots On (D) 114 Errol Flynn (1941-42) All Through the Night (D) 116 Bogart-Veidt (1941-42) UNIVERSAL Moonlight in Hawaii (C) Quiet Wedding (C) (1941-42) Keep 'Em Flying (C) Abbott-Costello (1941-42) Sealed Lips (D) William Gargan (1941-42) The Wolf Man (D) Claude Rains (1941-42) Melody Lane (C) Road Agent (D) (1941-42) Hellzapoppin' (C) Olsen-J ohnson (1941-42) Don't Get Personal (C) Hugh Herbert (1941-42) Jail House Blues (C) Robert Paige (1941-42) Paris Calling (D) Randolph Scott (1941-42) North to the Klondike (D) Brod. Crawford (1941-42) Treat 'Em Rough (C) Eddie Albert (1941-42) Bombay Clipper (D) Jungle Fury (D) (1941-42) < & Fiesta (M) Armida (Streamliner) (1941-42) Hayfoot (C) (Streamliner) Love on the Dole (D) (1941-42) Corsican Brothers (D) Dudes are Pretty People (C) (Streamliner) (1941-42) Twin Beds (C) Joan Bennett George Brent (1941-42) X o to I H o N Rise and Shine (C) 219 Jack Oakie Geo. Murphy (1941-42) Cadet Girl (D) 220 Marry the Boss' Daughter (C) (1941-42) Swamp Water (D) 218 Huston-Brennan (1941-42) Confirm or Deny (D) 222 Don Ameche Joan Bennett (1941-42) Perfect Snob (C) 223 Lynn Bari Cornel Wilde (1941-42) How Green Was My Valley (D) 224 (1941-42) Remember the Day (D) 226 Colbert-Payne (1941-42) Blue, White and Perfect (D) 227 Lloyd Nolan (1941-42) Gentleman at Heart (C) 228 Romero-Landis (1941-42) Right to the Heart (D) 229 Brenda Joyce (1941-42) Son of Fury (D) 230 Tyrone Power Gene Tierney (1941-42) Young America (C) 231 Jane Withers (D) (1941-42) RKO RADIO Look Who's Laughing (C) Edgar Bergen McGee & Molly (1941-42) Mexican Spitfire's Baby (C) 210 Errol-Veles (1941-42) Dude Cowboy (O) 282 Weekend for Three (C) 211 (1941-42) Playmates (C) 212 Kay Kyser Band J. Barrymore (1941-42) A Date With the Falcon (D) 213 (1941-42) Four Jacks and a Jill (C) 214 Ray Bolger (1941-42) Obliging Young Lady (C) 215 Joan Carroll (1941-42) REPUBLIC Missouri Outlaw (O) 173 Don Barry (1941-42) Tuxedo Junction (D) The Weavers Frankie Darro (1941-42) Red River Valley (O) 152 Roy Rogers (1941-42) West of Cimarron (O) 163 3 Mesquiteers ri941-42') Mr. District Attorney in the Carter Case (D) (1941-42) Arizona Terrors (O) 174 Don Barry (1941-42) Lady for a Night (D) Blondell-Wayne (1941-42) Man From Cheyenne (OI Roy Rogers (194J-42) Pardon My Stripes (D) William Henry (1941-42) Cowboy Serenade (O) Riders of Sunset Trail (O) (1941-42) A Tragedy at Midnight (D) Lindsay-Howard (1941-42) PRC Swamp Woman 230 (D) Ann Corio (1941-42) Billy the Kid's Round-Up (O) 258 (1941-42) Law of the Timber (O) 215 Monte Blue (1941-42) Blonde Comet (D) 116 Robert Kent (1940-41) Texas Man Hunt (O) 251 Bill Boyd (1941-42) Lone Rider and Bandit (O) 263 Girls' Town (D) 202 (1941-42) Duke of the Navy (D) 206 Ralph Byrd (1941-42) Today I Hang (D) 214 Mona Barrie (1941-42) The Strangler (D) Judy Campbell (1941-42) Broadway Big Shot (D) Ralph Byrd (1941-42) PARA. Skylark (C) 4107 Colbert-Milland (1941-42) Night of January 16 (D) 4106 Preston-Drew (1941-42) Glamour Boy (C) 4110 Jackie Cooper (1941-42) Among the Living (D) 4108 Albert Dekker (1941-42) Louisiana Purchase (M) Hope-Zorina (1941-42) MONO. Underground Rustlers (O) Range Busters (1941-42) I Killed That Man (D) Ricardo Cortez (1941-42) Borrowed Hero (D) Lone Star Law Men (O) (1941-42) Riot Squad (D) R. Cromwell (1941-42) Road to Happiness (D) John Boles (1941-42) Forbidden Trails (O) Rough Riders (1941-42) Freckles Comes Home (D)_ Johnny Downs (1941-42) Thunder River Feud (O) Here Come the Marines (D) (1941-42) Snuffy Smith, the Yard Bird (C) Edgar Kennedy (1941-421 Man From Headquarters (D) F. Albertson (1941-42) Below the Border (O) Rough Riders (1941-42) Law of the Jungle (D) Manton Moreland (1941-42) M-G-M Unholy Partners (D) 209 The Chocolate Soldier (M) 208 Shadow of the Thin Man (D) 210 i wo-t1 aced Woman (C) 211 H. M. Pulham, Esq. (D) 212 Hedy Lamarr Young-Hussey Kathleen (D) 215 Shirley Temple Herb. Marshall Design for Scandal (C) 213 Rosalind Russell Walt. Pidgeon Tarzan's Secret Treasure (D) 214 /. Weissmuller M. O'Sullivan Babes On Broadway (M) 216 Rooney-Garland Dr. Kildare's Victory (D) 217 Lew Ayres Johnny Eager (D) 218 Taylor-Turner Mr. and Mrs. North (C) 219 Grade Allen The Bugle Sounds (C) 220 Berry-Main COLUMBIA The Men in Her Life (D) Loretta Young Conrad Veidt (1941-42) Go West Young Lady (C) P. Singleton (1941-42) Sing for Your Supper (C) Buddv Rogers (1941-42) Honolulu Lu (D) Lupe Velez (1941-42) Harvard, Here I Come (C) Riders of the Badlands (O) (1941-42) Bedtime Story (C) Fredric March Loretta Young (1941-42) Confessions of Boston Blackie (D) Chester Morris (1941-42) Blondie Goes to College (C) Singleton-Lake (1940-41) Cadets On Parade (D) F. Bartholomevo (1941-42) 5 S § U Q s~ u u .o Man Who Returned to Life (D) John Howard (1941-42) 1 • u Q *S ON i v) • § ON fi V© « 1-t >-> £ © « CO >-4 • THE PAY-OFF ON A BIG PICTURE ifcursdav. December 18, 1941 Motion Picture Daily Two-Faced Woman' is Reclassified by egion of Decency {Continued from page 1) •'i.ced W oman,' starring Greta Garbo nd Melvyn Douglas, Metro-Gold- fyn - Mayer has caused certain lianges involving additions and elim- inations in the production. The orig- Lfcil version will be withdrawn from I rculation following existing con- ractual commitments and the revised itrsion will be made available on all uture bookings. Affirm Moral Standards "M-G-M wishes, at this time, to af- irm its adherence to a policy of pro- Ming only motion picture entertain- nent of the highest artistic and en- ertainment quality, all of which is to K in conformity with reasonable '•tandards of morality and good taste. "To the end of maintaining right nigral standards in the entertainment produced by this company, it has ■•ten and shall continue to be our iwlicy to produce motion pictures in Accordance with the moral standards M the Motion Picture Production lr')de. 'The Production Code, which is he basis of the organized industry's .ystem of self regulation, represents ■ practical application to public ■.creen entertainment of the fixed ob- jective standards of morality which, after several years' experience has proven itself to be a reasonable and practical measure in the public inter- est" Statement by Legion The Legion of Decency issued the following statement yesterday: "Metro-Goldwyn-Mayer has made changes in the motion picture 'Two- Faced Woman.' These changes have involved additions and eliminations. "The Legion of Decency after re- view of the revised version has deemed the revisions sufficient to war- rant the removal of the picture from ;the 'C' or 'Condemned' classification tn the 'B' classification. "Metro-Goldwyn-Mayer is to with- draw the present version and substi- tute for all future bookings the re- vised version. "The Legion appreciates the co- operation of Metro-Goldwyn-Mayer in bringing about this result." Odeon Completes Building Program Toronto, Dec. 17. — Odeon Theatres, controlled by N. L. Nathanson, has finished its building program for the duration of the war in Eastern Canada with the opening of the 1,000 seat Odeon at Kingston, Ont., Gordon Bea- vis is manager. James Kadurka, former manager of the new Odeon at Sarnia, Ont., has heen appointed manager of the Avalon Ottawa, by H. C. D. Maine, Odeon supervisor, while L. M. Aloore is now manager of the Sarnia house. Moore formerly was at the Broadway, Tim- mins, recently taken by Famous Play- ers. Open Kansas Theatre Parsons, Kan., Dec. 17.— The Par- sons, new 1,400-seat house of the H. J. Griffith circuit, will be opened this week. Barnes Perdue is manager. Reviews 'Hellzapoppin' yy ( Universal) \ SCREEN foreword on this Mayfair production by Jules Levey points out that any connection between this and a motion picture is purely coincidental — and that is approximately correct. For those who like their comedy with music and an endless — and quite noisy — procession of antics, this should prove popular and amusing entertainment. All the bars are down on a conglomeration of completely insane non- sense, "suggested by" the apparently endlessly popular stage show of the same name featuring Ole Olsen & Chic Johnson. It would appear that the measure of success enjoyed by the stage show in various parts of the country would mark the measure of box-office success for the film. It must be sold as novel nonsense of the Olsen & Johnson variety. To attempt to indicate the sequence of occurrences — for that is all there is — appears virtually impossible. It is a story about a story about nothing, with a romantic thread which appears to serve merely to hold the com- ponent parts from flying completely apart. Olsen & Johnson talk to the audience; they disappear; chorus numbers appear, on a stage and in a swimming pool ; music is heard, songs are sung; the stunts run from Rube Goldberg cigar lighters and old- fashioned slapstick to new-fashioned horseplay. Supporting the cast lead- ers are Martha Rave, Hugh Herbert and Mischa Auer, specializing in the comedy, and Jane Frazee and Robert Paige, handling the romance and the songs. Glenn Tryon and Alex Gottlieb produced, and H. C. Potter directed, while the music was written by Don Rave and Gene de Paul. Running time, 84 minutes. "G."* Charles Aaronson *"G" denotes general classification. yy "Hatter's Castle (Paramount-British) London, Nov. 16 (By Mail) HP HE name of A. J. Cronin still means something to the British public *■ and it is probably on this and the pull of his novel that the British exhibitor will seek to sell this newest Paramount-British film. The subject is gloomy, and the film has been directed and acted with a deliberate inclination towards the melodramatic and somber. While it is in a sense escapist, since it is entirely removed from the present and preoccupations of war, it does not necessarily follow that jaded and nerve-strained wartime audiences will take kindly to its unrelieved solemnity. The performance of Robert Newton, as the egomaniac Mad Hatter, whose craze for power is the inspiration of the story, is a dominating one and marks the actor as one of the British films' leading artists. Others in the cast are Deborah Kerr, as the daughter ; Enid Stamp- Taylor, as the other woman ; Emlyn Williams and James Mason, all known to British audiences and all giving good performances. Although the essential theme in "Hatter's Castle" is the power mania of James Brodie, leading hatter of Levinford, the picture is heavy Vic- torian melodrama in a modern medium. The film is for the most part adequate technically, with the camera work a notable factor in this regard. Running time, 108 minutes. "A."* Aubrey Flanagan *"A" denotes adult classification. "The Royal Mounted Patrol" (Columbia) THIS action film should please the followers of that type of picture. Dealing in the first part with the lighter aspects of the Mounties' cur- riculum and subsequently developing into more rugged entertainment, the film is nicely balanced and away from routine. Charles Starrett, Russell Hayden and Lloyd Bridges join the service, train together, and have girl (Wanda McKay) problems. The scene shifts to the backwoods where Miss McKay's brother, Donald Curtis, and his crew are cutting too much timber. At this point comes the action. Starrett and Bridges, in charge of the district, are joined by Hayden, member of the air corps, bringing medical supplies for native children. Miss McKay comes to teach. After some minor run-ins. Curtis sets the forest ablaze as an excuse to move his timber. After escaping the fire, Starrett and the Mounties set out for Curtis, and eventually get their man. Lambert Hillyer directed. William Burke producer. Running time, 59 minutes. "G."* Eugene Arneel *"G" denotes general classification. HERE'S just an inkling of the THRILLING behind-the-news story OF Republic's "THE DEVIL PAYS OFF" — just enough to whet your APPETITE for one of the most AMAZING screen stories of the YEAR! . . . Hiding behind his cloak OF respectability as a shipping MAGNATE, Arnold de Brock (PLAYED to perfection by J. EDWARD BROMBERG) has < ► ► DEVISED c FIENDISHLY clev^T PLOT to sell ships to A THE United States & GOVERNMENT for / USE in the Atlantic ' LIFE-LINE to Britain— ^ AND then to make a DEAL with his country's ENEMIES so that they MIGHT destroy the SHIPS before they can BE delivered . . . An ALMOST unbelievable SCHEME— and yet, it MIGHT happen!... how HIS own beautiful wife (PLAYED by OSA MASSEN) unwittingly LEADS the traitor INTO the clutches OF the very forces HE seeks to DESTROY makes FOR tense excitement and ABSORBING drama!. ..In addition TO those already mentioned, IMPORTANT roles are filled by HANDSOME WILLIAM WRIGHT, BEAUTIFUL MARGARET TALLICHET and talented ABNER BIBERMAN ... If you're LOOKING for up-to-the-minute THRILLS and action, don't miss "THE DEVIL PAYS OFF!". . . It's A REPUBLIC PICTURE 8 Motion Picture Daily Thursday, December 18, 194 1 F.C.C. Authorizes New Iowa Station, Changes in Power Washington, Dec. 17. — The FCC has issued a construction permit to the Iowa Great Lakes Broadcasting Co. for a new 1,240-kilocycle, 100-watt station at Spencer, la., and authorized five stations to increase their power. The power requests approved were those of Stations WERC, Erie, Pa., for increase of night power from 100 to 250 watts; WMVA, Martinsville, Ya., for increase of night power from 100 to 250 watts ; WSBT, South Bend, Ind., for increase from 500 to 1,000 watts ; KOY, Phoenix, Ariz., for in- crease of day power from 1,000 to 5,000 watts ; and WWNY, Watertown, N. Y., for increase from 500 to 1,000 watts, extension of time from day to unlimited and change of frequency from 1,300 to 790 kilocycles. Orders Several Hearings The commission ordered hearings held on the applications of the Genesee Broadcasting Corp. for a new 600- kilocycle, 1,000-watt station at Flint, Mich. ; WTBS Radio Co., Inc., for a 600-kilocycle, 1,000-watt station at Toledo, O., and Stations WHEC, Rochester, N. Y., for change of fre- quency to 790 kilocycles and increase of power to 5,000 watts ; WGRC, New Albany, Ind., for change of frequency to 790 kilocyles and increase of power to 1,000 watts night, 5,000 watts day; and WKPT, Kingsport, Tenn., for change of frequency to 790 kilocycles and increase of power to 1,000 watts. A construction permit for a new 1,490-kilocycle, 250- watt station has been asked by the Ludington Broad- casting Co., Ludington, Mich. The commission also has been asked bv Station WGBI, Scranton, Pa., for an increase of power from 500 watts day, 1,000 watts night, to 5,000 watts, and by Station WJNO, West Palm Beach, Fla., for change of frequency from 1,230 to 1,430 kilocycles and in- crease of power from 250 to 1,000 watts. Toronto Executives See B. C. Blackouts Toronto, Dec. 17. — The war crisis on the Pacific Coast found a number of Toronto trade executives at Van- couver, B. C, where they gained first- hand information on the effect of air raid warnings and blackouts on thea- tre business. Among them were Presi- dent Paul Nathanson and General Manager Haskell Masters of Odeon Theatres of Canada, Ltd., and H. T. Long, general manager of Associated Theatres, Ltd., Toronto, who was looking after Odeon developments un- til the arrival of Masters on his first trip to the Coast as a circuit official. According to information received in Toronto, theatre patronage at Van- couver first run houses was at a mini- mum on the three nights of the total blackout. On the following night, when the street lights were permitted again, theatre receipts were equal to the combined take of the three black nights. Mono. Gets British Film Hollywood, Dec. 17. — Monogram U'day announced acquisition of "Con- tinental Express," British film featur- ing Rex Harrison, John Loder and Valerie Hobson. Off the Antenna FORMAL dedication of W53H, the FM station of WTIC, Hartford, will *■ take place some time in March when a new antenna now under construc- tion will be put into operation. The station made its bow as a commercial FM outlet Monday. Two sponsors have already been signed. . . . W2XQR, the WQXR FM experimental station, returned to the air yesterday from its new location atop the Chanin Building. The station, with 10,000 watts and renamed W59NY, will start commercial operation shortly, it was said yester- day. . . . W71NY, the WOR FM station, will be host to more than 100 advertising agency executives at an "FM party" to be given jointly by the WOR and W71NY sales staffs at noon today. • • • Purely Personal: George Lozvther, drama program director of the NBC recording division, has been made a member of the British- American Ambu- lance Corps committee in recognition of his production of a special souvenir Christmas program. . . . Una Merkel ivill be guest of Dorothy Killgallen on "The Voice of Broadway" over CBS at 11:30 P.M. Saturday. • • • Bill Berns, film reviewer for WBYN, has polled the film critics of all New York City radio stations, and will award what he designates as "Oscars" to winners on his WBYN program, 1:50-2 P.M. today. Awards will go for the best picture, production, direction, actor, actress, support- ing player, music photography and newcomer, and will be made in the name of the Film Critics of the Air. • • • New business reported by WHN includes sponsorship of "Newsreel Thea- tre of the Air" by Morris Plan Industrial Bank, renewal by Hearn Depart- ment Store of "Kiddie and Quiz Show," renewal by Paul Kaskel & Sons of participations in "Music Shop," spot announcements by Paramount for "Birth of the Blues," five-minute daily talks by Simon & Schuster for its tax instruc- tion book, and spot announcement contracts by Dill Co. and P. Duff & Sons. • • • Program News: Wrigley Gum has extended Gene Autry's Sunday night show over CBS from 25 mimvtes to 45 over 72 stations. "Melody Ranch" will therefore take up the entire 6:30-7:15 spot and "Dear Mom" will be discontinued. Wrigley will add another show on the network for Thursday nights some time in January. . . . Procter & Gamble has added 18 more NBC- Red stations for "Truth or Consequences," bringing the total to 63 stations, effective Jan. 3. . . . International Salt zvill sponsor "Wife Saver" Saturdays, 10:30-10:45 A.M. over 20 NBC-Red stations beginning Jan. 10. "America the Free," sponsored by Anacin, will shift from 10 :30-11 A.M. to 11 :30-noon. . . Cummer Products has renewed "Manhattan at Midnight" for another year over NBC-Blue, adding 10 stations and bringing the total to 60. Daylight Saving Time Proposed for Calif. Hollywood, Dec. 17. — The Los Angeles city council and county board of supervisors today recommended the pas- sage of daylight saving time legislation by the Legislature as a war time measure. Daylight saving proposals have been defeated about four times in the last 13 years in California. Theatre groups usually have headed the op- i position. Seattle FM Station Building Proceed, Seattle, Dec. 17. — Installation c the Pacific Northwest's first FA broadcasting station, for coordinate of Seattle and King County law en J forcement work, will proceed as pre viously scheduled. It was at first believed that Arm authorities might object to the installa tion, but word has been received city officials from Gen. Carlyle Wash of the 2nd Interceptor Comman that the Command "has no objectio to the continuous use of a FM radi station" for the use of Seattle polic and sheriff's offices. Heads Reading Union Reading. Pa., Dec. 17. — Frank ' Diefenderfer has been reelected pres dent of the local musicians' union fc his 22nd consecutive term. George i Haller was elected vice-president Edw ard A. Gicker, secretary ; Georg W. Snyder, treasurer. Western Pa. Park Gross Up for 1941 Pittsburgh, Dec. 17. — Amusement park business last Summer in west- ern Pennsylvania was from 15 to 35 ler cent ahead of 1940 grosses, a sur- vey of park managers indicated. Opinion was varied on the gate-pull- ing power of free acts and traveling name bands. Indications are that 1942 business, judging from industrial pay- rolls and advance picnic bookings, will be even better than this year's. Blessed with fair weather, most of the Summer, the parks enjoyed heavy attendance of booked outings, and brisk transient trade. Although none of the district parks exact gate ad- missions and therefore are unable to record the exact total attendance fig- ures, most park managers believed that per capita spending was up, as well as attendance. Nine amusement parks operated in this area last Sum- mer. Books Admission to 'Corsican* Opening At the opening of the United Artists- Edward Small film, "The Corsican Brothers" at the Palace in Washington today, anyone bringing books to the theatre between 10 A. M. and 1 :30 P.M. will be admitted free. The arrangement has been sponsored by the Newspaper Women's Club of Washington, and is designed to obtain books for the armed forces of the country. Many books already have been contributed since announcement of the plan. There is a mechanized defense against your subtlest enemy As essential as aircraft detection equipment to national defense, is the Altec Service man's electrical and mechanical equipment, by 'which hei diagnoses and cures hidden maladjustments before they cause breakdowns. The subtlest enemy to your invest- the forward-looking exhibito ment in good projection and sound faced with the effects of met;| is deterioration of the equipment shortages, Altec Service is, moi and its parts. You can checkmate than ever before, a prime essentu \ this enemy— by protecting your of good showmanship, projection room with Altec Serv- ■ ■ mtm-mm a ice. The accumulated scientific ex- n I L I perience of Altec Service is your J\ bl L W prime mechanized defense against ^BEJn33B33XH BIXM preventable replacement costs. To 250 West 57th St. • New York CitA ALTEC SERVICE SAVES, PROTECTS, PRESERVE THE EQUIPMENT AND ALL ITS PART, Picture Industry tion MOTION PICTURE DAILY and Impartial L. 50. NO. 121 NEW YORK, U.S.A., FRIDAY, DECEMBER 19, 1941 TEN CENTS 3ob Hope Is 1941 Winner Of Radio Poll ^hosen by 600 Editors In Sixth Annual Vote By EDWARD GREIF Make way for the new Champion if Champions, Bob Hope ! The funny ton of the Pepsodent show was ac- corded top hon- ors by the more than 600 news- paper radio edi- tors and col- umnists of the United States and Canada, participating in Motion Pic- ture Daily's sixth annual radio poll on behalf of Fame. Hope thus be- comes the third radio star to Bob Hope *in top honors in six years of voting. Edgar Bergen, aided by the wooden- The complete tabulation of the voting in the Motion Picture Daily poll is on Page 6. tcpped Charlie McCarthy, was named top man three years; jack Benny, u.io won last year, was also the leader in the first poll. This year's voting showed many shifts in the radio editors' tastes and, ■ if past polls are any indication, the results presage a change in the pub- ' lie's taste as well. Following Hope in the Champion of Champions classification, were Ben- ny, who has never been lower than , second, and Bing Crosby, another per- ennial favorite, who was also in the third spot last year and the year be- (Continued on page 6) See Ascap Dividend Rising to $3,500,000 Ascap directors have au- thorized a final quarterly divi- dend which, according to pres- ent indications will amount to between $800,000 and $850,000. The final computation has not been completed. The indicated dividend will make a total of approximately $3,500,000 distributed by the society for 1941, as compared with $4,500,000 for last year. S chine Will Seek Later Date Than March for Trial Buffalo, Dec. 18. — Defendants in the Government's anti-trust suit against the Schine circuit, Columbia, United Artists and Universal will be unable to begin trial March 3, "or at any time soon" thereafter, YYillard S. McKay, counsel for the Schine de- fendants, informed the Federal court here today in serving notice of a motion for reargument of an order setting the case for trial on that date. McKay said he had been unable to be present at the hearing when the March 3 trial date was set and that be had never received a letter notify- ing him of the motions for the date. His motion for reargument of the order will be heard Dec. 29. [Counsel for Columbia, Uni- versal and United Artists indi- cated in New York that they will petition the court at the Dec. 29 (Continued on page 10) War Group Theatre Unit Holds Session The theatres division of the War Activities Committee — Motion Pic- ture Industry met yesterday at the office of Joseph Bernhard, division chairman, to receive instructions and plan arrangements for transforming the organization's activities to a war time footing from its former function of national defense cooperation. No official statement was issued following the meeting but it is un- (Continucd on page 10) 'Carry On' Montague Urges Sales Forces The Columbia sales organi- zation was urged to "carry on with everything you have" in this emergency, by Abe Mon- tague, general sales manager, in a message sent department members yesterday. "You must know that there has never been a greater mo- rale builder invented by man than the motion picture," Montague said in part. "We in this business are obligated to see to it that nothing hap- pens to keep it from giving full benefits to the greatest number of people." War Cancels 1942 Academy AwardBanquet Hollywood, Dec. 18. — The board of governors of the Academy of Mo- tion Picture Arts and Sciences late last night cancelled the annual Acad- emy Awards banquet, which had been set for Feb. 26. War conditions were cited as the reason for the de- cision, which was reached by unani- mous vote. The step is in line with the can- cellation of the Rose Bowl football game, the Pasadena Tournament of Roses, the Santa Anita race meet and (Continued on page 10) Editors Tell What's Right —Or Wrong— About Radio By SAM SHAIN Newspaper radio editors and col- umnists throughout the country and in Canada were asked to express their views on the state of radio in con- nection with their own participation in Motion Picture Daily's sixth annual radio poll, conducted on be- half of Fame, the results of \yhich will be found elsewhere in this issue. What these men and women, keenest moulders of public opinion them- selves, observers and listeners of this most potent force in American life, think is right or wrong with_ radio follows, in sample form, sectionally broken down by states. The poll was taken before the Japanese war, and the answers there- fore in some instances do not reflect developments of the last two weeks in radio. New York : "Radio is a streamlined version of what our ancestors dreamed we'd be, educational, broad- minded, informal, informative, and matured. ... In season, when broad- casting football games, there is too much duplication. . . . The radio in- dustry can use good showmen to in- ject some originality and new talent." Texas: "Radio had one of it's worst years from the standpoint of listener appeal. The ASCAP-BMI fight knocked out the best music. Pro- grams were better organized although the leaning to quiz shows is still very heavy. Many variety shows are (Continued on page 11) Big New Year Business Is Seen onBVay Public Expected to Be Seeking Gaiety A New Year's Eve greater than any before is expected by Broad- way theatre men who will have top- notch product from all major dis- tributors for the holiday. Within the next two weeks, it is believed, the public will adjust itself to war conditions and will be in the mood for en- tertainment to welcome the new year. Most first runs will bring in new shows Dec. 31, although some will hold over feature and stage attrac- tions opening Christmas Day. All houses will give extra performances, some remaining open all night and others until four or five o'clock in the morning. As in previous years, most managers will keep the show going as long as there is business. M-G-M's big musical, "Babes on Broadway," with Mickey Rooney and (Continued on page 8) Grosses Reported Above Last Year's Despite the reaction of the public to the outbreak of war last week, na- tional grosses for the seven days from Dec. 7 through Dec. 13 were above the grosses for the corresponding pe- riod a year ago, according to the early business reports to home offices of national circuits. The decline in receipts for the week, compared with the preceding week, was sharper than the decline for the two comparative periods a year ago. The greater decline this year is attributed by circuit officials (Continued on page 8) Wobber Hits Legal Restriction on Films St. Paul, Dec. 18. — Herman Wob- ber, 20th Century-Fox director of distribution, continued on the stand today in the trial of the criminal ac- tions against Paramount, RKO and 20th Century-Fox for violations of the Minnesota anti-block-of-five law in Ramsey County district court here. Wobber's testimony again tended to support the defense contention that the film industry is not properly sub- (Continued on page 10) Motion Picture Daily Friday, December 19, 19§ Staff Buys Defense Stamps Each Week Chicago, Dec. 18.— The en- tire staff of the RKO ex- change here, numbering 46 employes, have pledged them- selves to buv approximate- ly $100 worth of U. S. defense stamps every week on a pay- roll allotment plan. The move was entirely voluntary on the employes' part. Circuits Distribute Data on Air Raids All major circuits are informing their managers in the field of air raid precautions and measures to be taken in event of blackouts, it was learned yesterday. Among these, Paramount, it was announced, has sent to its theatre affiliates a complete plan for air raid emergencies, includ- ing instructions for training of the- atre staffs. The plan was prepared by Henry Anderson, manager of Paramount's insurance department. In Buffalo, more than 60 Western New York theatre owners met yes- terday with Police Commissioner Austin J. Roche to make plans for darkening their houses on the night of Buffalo's first blackout, scheduled for Dec. 26 at 11 P. M. NEW YORK THEATRES RADIO CITY MUSIC HALL llH.M.PULHAM,Esq." An M.G.M Picture with HEDY LAM ARR • ROBT. YOUNG RUTH HUSSEY With the Music Hall's Great Christmas Stage Show 1st Mezzanine Seats Reserved. Circle 6-4600 BING MARY CROSBY MARTIN In Paramount's "BIRTH OF THE BLUES'' PARAMOUh IN PERSON ORRIN TUCKER and Band featuring WEE BONNIE BAKER IT TIMES SQUARE Don Ameche Joan Bennett 'CONFIRM or DENY' PLUS A BIG nAVV 7th Ave. STAGE SHOW ■*. W /V ■ &. 50th St. B'WAY & 47th St. PALACE CARY GRANT-JOAN FONTAINE in 'SUSPICION' 20th Century-Fox presents "HOW GREEN WAS MY VALLEY" United DIV Al I Broadway Artists K I V SJ L I at 49th St Continuous Pop. Prices. Midnight Shows Personal Mention E. V. RICHARDS is in town from New Orleans. Ed Kuykendall arrived here yes- terday and plans to leave for his Co- lumbus, Miss., home today. • Julius Gordon, circuit operator of Beaumont, Tex., is in town. R. B. Wilby of the Wilby-Kincey circuit will return to Charlotte today. • A. M. Botsford and Morris Kinz- ler are due today from the Coast. EDWARD C. RAFTERY, Grad- well Sears and Arthur W. Kelly are scheduled to arrive from the Coast over the weekend. • Arthur A. Lee plans to leave for Toronto tonight. • Morris Wolf, Warner attorney in Philadelphia, has been reelected presi- dent of the Federation of Jewish Charities in that city. • Terry Turner has left for Bos- ton. Pascal to Sign With U.A., RKO Deal Off Hollywood, Dec. 18. — Gabriel Pas- cal said here today he expects to sign a deal in the next few days for release of three pictures through United Artists, having failed to sign a contract for his recently announced distribution arrangements with RKO. The films include "Arms and the Man," for which Ginger Rogers and Cary Grant have been announced ; "The Millionairess," from the G. B. Shaw play, and "Snow Goose." 'Star' Talent Cast in Civil Training Film Hollywood, Dec. 18. — Don Ameche, Milton Berle and Thomas Mitchell are the "stars" of the first civilian defense training film being made by the Academy of M. P. Arts & Sciences Research Council in collabo- ration with the Army Signal Corps. The film is being shot at 20th Cen- tury-Fox, with Irving Pichel direct- ing. The picture will be shown in theatres. Davison New RKO Salt Lake Manager Gifford Davison has been appointed by Ned E. Depinet, RKO vice-presi- dent, as branch manager in Salt Lake City, succeeding L. S. Gruenberg, promoted to Rocky Mountain district manager. Davison has been an RKO salesman the past four years. Dolin WB Manager For Oklahoma City Walter Dolin has been appointed Warner Bros, branch manager in Oklahoma City, the company an- nounced yesterday. He has been of- fice manager and salesman at that branch. He joined the company in 1931 as salesman. KALTENBORN Edits the News H.V.Kaltenborn, America's most famous news analyst, answers the questions your patrons ask. Distributed by TR00B-BLUMENTHAL INC. 1560 Broadway New York City War Has Effect on Mexican Industry Mexico City, Dec. 18.— Although the new phase of the war has not hit the Mexican picture industry hard as yet, its effect has been felt. As one leading exhibitor here said, "The truth is we won't know just how we stand for at least six weeks." The entry of the United States into the conflict has decreased the theatres' business by about 25 per cent. People are more eager now to read the pa- pers, some of which get out extras almost every day, and to listen to radio than they are to see pictures. There are no demonstrations during the exhibitions of newsreels and pic- tures with a war tint. However, there is a marked undertone of sympathy with the United States, in accordance with the national policy of cooperat- ing to the fullest extent with Wash- ington. The studios are worrying. They fear that the war will curtail their working materials from the United States, their only supply source. There is some alarm that production will have to be sharply cut, though it is not thought that the whole busi- ness will be stopped, at least for some time. The National Cinematographic Workers Union has pledged its full cooperation to the Government in the emergency. The general opinion is that labor trouble in the industry has been stopped as part of this pledge. SPG Defense Meeting Will Be Held Tonight The first meeting of the Motion Picture Emergency Defense Confer- ence, so designated and sponsored by the Screen Publicists Guild, will be held tonight at the Hotel Piccadilly. Garson Kanin and Capt. John W. Green, radio relations officer of the New York State Guard, are sched- uled as speakers. To Institute Vaudeville Bridgeport, Conn., Dec. 18. — The Lyric here will open with a new part- week vaudeville policy Jan. 5, accord- ing to Harry F. Shaw, division man- ager. Films only will be shown Mon- day through Wednesday, while vaude- ville will be used during the rest of the week. U.A. Party Tuesday United Artists next Tuesday will give a luncheon in the South Lounge of the Rockefeller Center Luncheon Club, for Arnold Pressburger, pro- ducer, and Joseph von Sternberg, di- rector of "The Shanghai Gesture." Newsreel Parade THIRST pictures of the Japanl x attack in Hawaii as passed \ the Army and Navy censors are p\ sented in the week-end issues. 7 reels and their contents follow : i MOVIETONE NEWS, No. 30— Japar- attack. Labor -industry meeting in Wa ington. American flag production in P; delphia. Dog show in Chicago. Live; show in Chicago. Rabbit round-up. fashions. Sail fishing in Florida. Ro] in Los Angeles. Miami golf tourney opq NEWS OF THE DAY, No. Z2S-FiL from Hawaii. Japanese writer joins U] Army in Washington. San Francisco pares. Labor meeting in Washing American flags in Philadelphia. Lib< Statue dedicated in Chicago. Women defense service. PARAMOUNT NEWS, No. 33— Basl ball in New York. Louis-Baer sign bout. Skiing in Washington. War tivity in Washington, D. C. Axis ag< convicted in Brooklyn. New York woi join defense service. Enlarged zoo Memphis. Honolulu attack. RKO PATHE NEWS, No. 33— Ha attack. Holiday spirit in New Y Cuba rounds up aliens. Mexican -pi; in Arizona. Navy sets up press dep ment in Washington. Labor meeting Washington. Washington becomes b< town. UNIVERSAL NEWSREEL, No. ■ Japanese raid on Honolulu. New Y women learn defense methods. Congn men join Washington police force. Mi can planes arrive in Arizona. Sect Eagle Squadron in England. Willkie the White House. Defense stamp drivt Buffalo. New Navy repair boat in Brc lyn. American flag production in Ph delphia. Crandall to Handle 'U' Film Exploitatu i Milton Crandall has been assigi to handle national exploitation "Paris Calling," Charles K. Feldn : Group production being released Universal. Crandall was assigned Louis Pollock, Universal Eastern vertising and publicity manager, m handle key city openings and prep; I material for road men. Burns Jap Novelties New Philadelphia, O., Dec. 181 William Gillman, local exhibitor, Inc., 1270 Sixth Avenue, Rockefeller Cen'l New York City. Telephone Circle 7-31 1 Cable address, "Quigpubco, New York."_MB tin Quigley, Editor-in-Chief and PublisKjl Colvin Brown, Vice-President and GenaB Manager; Watterson R. Rothacker, Vtt President; Sam Shain, Editor; Alfred Jl Finestone, Managing Editor; James \ Cron, Advertising Manager; Chicago Burejl 624 South Michigan Avenue, C. B. 0'N.. over the weekend. Kuykendall said he favored such a I loposal but that directors of the | tganization would he consulted he- re final action was taken. The MPTOA president said he mild issue a bulletin to organization smbers covering proposals for ex- Jbitor cooperation on various activi- es relating to the war as soon as uni- •d plans have been formulated by in- i istry agencies. Meanwhile, he said, : favors the use of trailers made by tonally prominent figures instead of (Continued on page 4) Law Can't Overcome Films' Intangibles, Agnew Tells Court St. Paul. Dec. 21. — Additional evi- dence that the reaction of the public to Hollywood's production efforts is largely unpredict- able was offered on Fri day by Xeil F. Agnew, Paramount vice- president in , . charge of distri- H£ button, as trial of the criminal ac- v tions for viola- _ tions of Minne- a, " sota's anti-block- A "I -live law ended & \ ■ I Ramsey County ^^/| | I District here. Neil Agnew The trial, which Para- mount, RKO and 20th Century-Fox are defendants, was adjourned and will be resumed Jan. 7. (.Continued on page 10) laintain Films for J. S. Morale: Harmon Declaring that the film industry has een a beneficiary of freedom in this ountry, Francis Harmon urged the idustry should do its utmost to pro- ide an "uninterrupted supply" of imiis to maintain national morale, in i address to the Motion Picture imergency Defense Conference at the lotel Piccadilly Friday night. The meeting was called by the Icreen Publicists Guild, and was pre- (Continued on page 4) ■l Industry Ready to Serve, Says Hays The motion picture industry, through its War Activities Committee, is equipped and ready to devote its ut- most toward winning the war and pledges a regular supply of entertain- ment as its responsibility in the pres- ent emergency, Will H. Hays, presi- dent of the MPPDA, stated Friday following the regular quarterly meet- ing of the Association's board of di- rectors. The statement by Hays follows : "The motion picture industry in all its branches — production, distribution (Continued on page 4) Para., Monogram Pay Xmas Bonuses Paramount and Monogram have authorized employe bo- nuses. Paramount paid a Christmas bonus to home of- fice employes of a week's sal- ary up to $50 for all paid not more than $75 weekly, a bonus for exchange employes, and a "cost-of-living" bonus of four per cent of salaries for the past six months of home of- employes earning up to $100 weekly. Monogram will pay bonuses in the form of defense bonds and stamps to employes of the home office and the New York, Philadelphia and Wash- ington exchanges. FCC Reports Defense Chief Work of Year Washington, Dec. 21. — The time and funds of the Federal Communica- tions Commission have been largely devoted to defense activities during the past year, it was disclosed today in the Commission's annual report. No specific recommendations for legislation were contained in the re- port, it being explained that any new measures found necessary would be asked for as the need arose. The Commission announced that 915 standard broadcast stations were operating or under construction as of Nov. 1, and estimated the number of standard receivers in use at more than 50,000,000. On the same date there (Continued on page 13) Kaltenborn Accepts 'Daily' Poll Award H. V. Kaltenborn, NBC commenta- pr, yesterday was presented a scroll ommemorating his selection as Best •lews Analyst and Commentator in i>Iotion" Picture Daily's sixth annual •oil of radio editors on behalf of Fame. The presentation, which was made by -yle Van, took place at the opening of ■valtenborn's news program over "JBC-Red. He acknowledged the ribute "from my newspaper col- eagues," and added: "The praise of ellow craftsmen is praise indeed. Their friendly approval will stimulate ne to do my best in the great task bat faces us all." NAB Issues War Guide For Broadcasts of News Washington, Dec. 21. — The Na- tional Association of Broadcasters has issued recommendations "as a guide to wartime broadcasting," after con- sultation with the military and other Government branches. It was generally advised that broad- casts of news should be in a manner likely to cause neither undue opti- mism nor an atmosphere of defeatism. The NAB urged moderation in news broadcasts, avoiding sensational- ism, the exercise of extreme care in broadcasting enemy communiques, and care that those tuning in late do not get the wrong impression from news broadcasts. A list of "do nots" include the following: Do not broadcast rumors. Do not broadcast the movement of vessels or troop movements, unless of- ficially released, or facts about loca- tion of vessels or launchings. Do not broadcast figures on draft enrollments, or personal observations on weather conditions, even in con- nection with sporting events. Do not broadcast imperative re- (Continued on page 13) Blackouts of Marquees in Future Seen O.P.M. Warns of Need to Conserve Power Washington, Dec. 21. — Black- outs of theatre exterior lighting in many sections of the country not in primary danger of air raids may be expected next year and through 1943, it was warned today by the OPM. Explaining the great extent to which the production of alumi- num, magnesium, chemicals and other war materials is dependent upon huge supplies of electric current, the OPM revealed that surveys have shown that many sections of the country will not have enough power for those needs and for commercial and household use as well, despite the energetic efforts that are being made to construct new plants and extend existing ones. The blackouts recently imposed in the Southeastern states, it was warned, will be repeated there and in many other areas during the next two years, at least. "In order to assure vital defense (Continued on page 4) Clearance Schedule Is Set for Portland An arbitration award which sets clearance schedules on Paramount, RKO and Warner product for all runs in Portland, Ore., was entered late last week at the request of the parties involved. Meanwhile, New York's 30th com- plaint was filed here on "some run," the first case at the local board to be filed on any complaint other than clearance, and the complaint of the Colonial Theatre, Phoenixville, Pa., (Continued on page 10) Power to FDR Over All Communications Washington, Dec. 21.— Moving to complete the granting of powers to the President necessary for the conduct of the war, the House on Friday granted him the same authority over wire com- munications as he exerts over radio under the provisions of the Communi- cations Act. The legislation, plus the provisions (Continued on page 13) Motion Picture Daily Monday, December 22, 194 Report Comptroller To Be Named by RKO It is reported that with the RKO treasurer's functions hay- ing been settled and consoli- dated under Leon Goldberg, a comptroller to function under Goldberg's supervision will be announced by George J. Schaefer, president of RKO. following a board meeting to- morrow, in a further realign- ment of the company's de- partmental operations. Personal Mention Sees Trade Duty to Challenge Censors It is the duty of the industry to challenge in the courts the right of public officials to overstep their proper function in such instances as the ban- ning in Providence and Boston of "Two-Faced Woman," it is stated by Quincv Howe, president of the Na- tional" Board of Review of Motion Pictures, in an open letter to the in- dustry. ; , , , The "open letter' is devoted to a discussion of the Greta Garbo film and the Legion of Decency, which originally condemned the picture, then reclassified it as "objectionable in part" after revisions by M-G-M. Howe, drawing "general conclu- sions" from the incident, sustains the rio-ht of the Legion to ask its members to boycott the film, but questions that the public authorities or any part of the industry has any obligation to fol- low the advice of any such group as the Legion. It is Howe's contention that a public official has recourse to the courts if he believes a film violates the "laws of obscenity," but any other '•interference on the part of the public authorities constitutes censorship, he says. So. California ITO Calls Defense Rally Los Angeles, Dec. 21.-The board of directors of the ITO of Southern California has put in motion a pro- gram to organize all independent thea- tres in this area in cooperation .with Los Angeles civilian defense officials for air raids and other eventualities. A mass meeting of independents has been called for Dec. 29 to plan for action. The board also instituted a survey of the effects of the war on indepen- dent theatres and proposed methods to alleviate the situation. Reports ot Robert H. Poole and Jack Y. Berman, delegates to the recent industry unity meeting in Chicago, were heard and approved. BROADWAY PLAYS WILLIAM _ F. RODGERS, Loew's vice-president and gen- eral sales manager, left for Florida over the weekend. • Joseph H. Seidelman, Universal vice-president and foreign manager, has returned from South America. • Rube Jackter, Columbia assistant sales manager, has returned from Charlotte. c Emanuel Reuben of Loew's has enlisted in the Army. T OSEPH H. MOSKOWITZ of *J 20th Century-Fox is expected here today from the Coast. • Arnold Pressburger and Josef von Sternberg are due from the Coast to- morrow. • Sam Wood is expected today from the Coast. • Harold Dunn, Warners Far East- ern supervisor, is in Shanghai, he has advised the home office. He had not been heard from since the war started. "A GREAT SHOW." — Herald Tribune 50C, $1 & $1.50 no HIGHER 2ND YEAR — 2ND EDITION of the Sensational Musical Icetravaganza It happens on ice at America's Only Ice Theatre Center Theatre. Rockefeller Center. CO. 5-5474 Eves, except Mon. Mats. Xmas, Fri. &. Sa(. 501 Seats for Every Pert. 50c. EVGS. AT 8:40 Crescent Decision Seen by Year End The possibility of a decision before the end of the year in the Government anti-trust suit against the Crescent Circuit, Columbia, United Artists and Universal in Federal court at Nash- ville was enhanced with the decision of distributor defendants not to file answers to the Government's final briefs in the case. Distributors' counsel took the view that the final Government briefs raised no new points or issues not already answered or covered by trial testimony and were content to let the case rest. The court, therefore, was permitted to give its final consideration to the case without further delay. The attorneys' hope for a decision before Jan. 1 also was strengthened by the fact that Judge Elmer Davies has advised them he plans to take a holi- day soon and would endeavor to make his decision before leaving Nashville. 'Purchase' to Open in N on- Restricted Spots Paramount is precluded from selling "Louisiana Purchase" in at least five important territories during the holi- days because roadshow engagements of the stage play are current in those locations, Paramount announced Fri- day. The company, however, has ob- tained 226 holiday bookings for the picture in non-restricted territories, ac- cording to Neil F. Agnew, distribution head. Day and date Christmas openings have been set for the picture in 87 key cities and New Year's engage- ments in 139, Agnew said. Expect Harley, Kane From Europe Today Francis L. Harley, 20th Century- Fox managing director for Britain, is expected to arrive in New York from Lisbon by way of Brazil today, after having been stranded in Portugal for almost three weeks awaiting trans- portation. Although the 20th Century-Fox home office was not definitely advised, it was believed that Robert T. Kane, head of the company's British produc- tion activities, is with Harley. The two originally intended to fly to New York by Atlantic Clipper but the difficulty of obtaining civilian accom- modations forced them to book ship passage instead. The declarations of war by Germany and Italy then re- sulted in the cancellation of that sail- ing from Lisbon. Meanwhile, Portu- gal discontinued visas for civilians be- tween London and Lisbon and the two were unable to return to London. It is believed they finally succeeded in obtaining accommodations on either the Italian or German airlines from Lisbon to Brazil and are completing their journey by plane. 10,000 Houses Goal Of Industry's Drive In March of Dimen A goal of 10,000 theatres to cc operate in the industry's March c Dimes drive to aid infantile paralys: sufferers as part of President Roosti velt's birthday celebration has bee set by Nicholas M. Schenck, chai man of the industry drive committq it was announced Friday. 2,500 Houses Pledged Although the drive is only startinj more than 2,500 theatres already ha\ agreed to participate. "The motion picture industry Schenck said in a message address( to every American exhibitor, "ha been called upon to help many wortlj charity causes, but, in my opinio] none touches the heart more deep] than does the annual campaign raise funds for the fight against ifl fantile paralysis. This charity, spofl sored by President Roosevelt, is doir a noble, necessary work, more in] portant now than ever. "While in past years motion pictu theatres have aided this campaign, never before have attempted a tho ough, nationally-organized drive. Th year we hope to have at least 10,' theatres sign the pledge to give acti cooperation. Collections in Lobbies "Really, not too much is asked of We are merely asked to take coll tions in our theatre lobbies during week of Jan. 22-28. If we do th with the proper organization enough enthusiasm we can make worthwhile industry contribution the good cause." Callaway, WE Branch Head in L.A., Resigns W. E. Callaway, branch manager for Warner Bros, in Los Angeles, has resigned from the company, it was announced on Friday by the home office. MITCHELL MAY, Jr. CO., INC. INSURANCE Specializing in requirements of the Motion Picture Industry 75 Maiden Lane, New York 510 W. 6th St. Los Angeles Scully West Soon On Product Talks William A. Scully, Universal vice- president and general sales manager, will go to the Coast shortly after the first of the year to attend the com- pany's product conferences at the studio, at which the 1942-'43 schedule and budget will be taken up, the com- pany announced. Scully left here for Florida over the weekend on a combined business and pleasure trip. While in the South he will meet with officials of the Sparks Circuit at Jacksonville and the Wo- metco Circuit at Miami. From there he will go to the Coast. Barron Names Group For Capital Campaign Washington, Dec. 21.— The loc committee for the industry's March Dimes drive has been announced 1 Carter Barron, chairman of the cor mittee. Members of the committee ar John J. Payette, Sidney Lust, Fr Kogod, A. E. Lichtman, Louis Ber heimer, Frank Storty, Lloyd J. Wir. land, Hardie Meakin, Roland Robbir Edmund Plchn, Charles Olive, Frai LaFalce, Dan Terrell, William Hoy: Henry Hiser, Sam Galanty and Wi iam Vincent Dougherty. Rialto Makes Change With Defense Stamps The Rialto Theatre on Broadway last week adopted a plan of giving defense stamps for change, and re- ports a good response from patrons to the idea. The plan is being pro- moted by trailers and lobby displays. Gross Prepares Book Gerald G. Gross, Motion Picture Daily correspondent in Washington and of the staff of the Washington Post, is the author of the text, in verse, of "Zoo's Who," a souvenir book for visitors to the National Zoo- logical Park. MOTION PICTURE DAILY {Registered U. S. Patent Office) Published daily except Saturday, Sunday a holidays by Quigley Publishing Compar Inc., 1270 Sixth Avenue, Rockefeller Cent< New York City. Telephone Circle 7-3H Cable address, "Quigpubco, New York." M; tin Quigley, Editor-in-Chief and Publishe Colvin Brown, Vice-President and Genei Manager; Watterson R. Rothacker, Vic President; Sam Shain, Editor; Alfred Finestone, Managing Editor; James Cron, Advertising Manager; Chicago Bure.. 624 South Michigan Avenue, C. B. O'Ne: Manager; Hollywood Bureau, Postal Uni Life Building, William R. Weaver, Editc Leon Friedman, Manager; London Burea 4 Golden Square, London Wl, Hope W Hams, Manager, cable address "Quigpub London." All contents copyrighted 1941 Quigley Publishing Company, Inc. Otl Quigley publications: Motion Pictv Herald, Better Theatres, Internatioi Motion Picture Almanac and Fame. E tered as second class matter, Sept, 23. 19 at the post office at New York, N. 1 under the act of March 3, 1879. Subscr tion rates per year $6 in the Americas a $12 foreign. Single copies 10c. ' 4 Motion Picture Daily Monday, December 22, 194 Blackouts of Marquees in Future Seen {Continued from page 1) industries all the power they need, power for civilian uses will be cur- tailed," it was declared. "This will include blackouts of non-essential lighting, such as signs and show win- dows." Surveys by the OPM have indi- cated that blackouts probably will be repeated in the Southeast, that short- ages of power are possible next year in Texas, Arkansas and Louisiana ; a shortage may occur in Buffalo and also in St. Louis, and that the Pacific Northwest also is threatened with an insufficiency of power. Still other areas may have to be rationed, as power is drawn from them to sections where shortages are sufficiently seri- ous to threaten defense production, it was said. Maintain Films for U. S. Morale: Harmon {Continued from page 1) sided over by Joseph Gould, SPG president. A steering committee of five was appointed to coordinate the work of the conference with the War Activities Committee — Motion Pic- ture, the national industry committee, and to consider local problems. The committee includes : Paul Lazarus, Jr., Maurice D. Kann, Jonas Rosen- field, Jr., David Golden and Sal Scoppa. The steering committee will meet shortly. Harmon, who is executive officer of the War Activities Committee, stressed the need of the industry im- plementing the good neighbor policy in Latin America, and gave it as his opinion that the use of films in Army training will result in a vastly in- creased use of films in schools after the war. Kanin Urges Long Films Other speakers were Eugene Plishet, sector warden for Times Square, who spoke on theatre and building control ; Garson Kanin, who holds a Govern- ment defense post, and who urged longer defense films in theatres than the short trailers and shorts, and Capt. John W. Green, aide to the commander of the New York State Guard. Represented at the meeting were the following organizations : Ampa, Screen Publicists Guild and auxiliary, Local 306, of the operators' union, Local 109, of the Screen Office and Professional Employes Guild, Na- tional Film Board of Canada, Asso- ciation of Documentary Film Pro- ducers, Local 702, of the Laboratory Technicians, Film Exchange Em- ployes union, Local B 51, Local 52 of the Motion Picture Studio Mechanics, NYU Film Library, Municipal Civil Service Commission, the MPTOA, represented by Mark Finkelstein and A. F. Shanley, and the trade press. Resuming Stage Shows Cincinnati, Dec. 21.— The RKO Shubert, which recently discontinued stage shows in favor of straight films, will resume its combination policy Dec. 26, with Martha Raye as the headline attraction. Television Camera Needs No Artificial Light, Report A television camera so sensitive that it can operate without artificial lighting was reported over the week- end to have been developed by RCA engineers. The camera was described as being more sensitive than the human eye, thus permitting pickups under almost any conditions anywhere. Details of the new invention were withheld and a spokesman for RCA declared that there could be no com- ment at this time. Gives High Definition The new camera was said to be capable of giving excellent definition, despite the fact that little light is needed. It was described as being capable of picking up an image in a room without extra lighting, during day or night. The only lighting re- quired, it was said, would be to ob- tain extra highlights and spot lights and to eliminate shadows. According to the report, the camera is ready for use although tests are continuing to eliminate small technical deficiencies which usually are found in the first use of such inventions. The question of lighting has been one of the principal problems of tele- vision. Many actors refuse to appear before the standard television camera, the iconoscope, because of the extreme heat radiated by the lamps. The orth- icon camera can pick up a fairly good image using only a bank of neon lamps, which are cooler, but many television engineers use the iconoscope for studio pickups because the latter gives much sharper definition. The orthicon has proved the best for sports pickups because, although it has less definition, the fact that it works with less light has made it more desirable. Further, it was stated, the constant motion in sports activi- ties makes extreme definition unneces- sary. Nevertheless, even the orthicon has not proved satisfactory under all sports conditions. For example, the final period of football contests have frequently been played under daylight which is too weak for the orthicon to pick up. Scout British Reports Meanwhile, reports from England that John L. Baird, pioneer television inventor, had last week successfully demonstrated three-dimensional color television over the air were dis- counted here over the weekend. It was pointed out that the same results had been achieved here some years ago on an experimental basis and that Baird made no claim to anything but an experimental transmission. The Baird demonstration included trans- mission of a picture of a hand holding some flowers, and smoke rising from a cigarette and a pipe. British Projectionist ExemptionExpected London, Dec. 21. — Exhibitors are confident now that all chief projec- tionists at theatres throughout En- gland will be exempt from military duty, following" meetings late last week between representatives of the Cinematograph Exhibitors Associa- tion and officials of the Ministry of Labor. Those above the age of 35 already are assured of exemption under a new plan of the Government, and it is now expected that those under 35 years, although not technically exempt, are likely to have their military service deferred. The development greatly eases the manpower situation in film theatres, although the Government's plans for the use of women in industry and the new feminine conscription plan will deplete the reserves available for training as substitute film labor. Art Directors Form War Camouflage U nit Hollywood, Dec. 21. — Studio art directors have completed the organ- ization of a Motion Picture Camou- flage Unit, in cooperation with the United States Army, following a meeting at which Lionel Banks, Col- umbia art department head, was named chairman. Art departments of all studios were represented, and pledged full coopera- tion in perfecting defense work in the Pacific Coast defense area. The Army was represented at the conference by Capt. T. George Hazenbush, of the 604th Engineers. Jon Peacock, a member of Banks' staff, was appointed liaison agent to coordinate the work of the studio artists. Agfa-Ansco Indicted For Trade Restraint The General Aniline and Film Corp., I. G. Farbenindustrie, Herman Schmidt, Dietrich A. Schmidt, officers of Farben, and Ernst Schwarz, vice- president in charge of the Agfa-Ansco Division of General Aniline, were named defendants Friday in an indict- ment by a Federal Grand Jury here. They were charged with a conspiracy in restraint of trade in photographic materials and developers. The indictment claimed that through an agreement of March 19, 1928, which allegedly divided the domestic and foreign markets, Farben and Agfa-Ansco suppressed free competi- tion in the sale of photographic mate- rials and developers. The indictment said that Agfa-Ansco now manufac- tures 15 per cent of the materials used in the United States. O'Connell Reelected By New Haven Union New Haven, Dec. 21.— Local 74 of the stage employes union for the New Haven district has reelected John O'Connell president for the fourth consecutive term. Other officers elected are: Charles C. McBride, vice-president ; Harry Feldman, finan- cial secretary and treasurer John J. Miller, business representative, and Robert C. Watson, secretary. Trustees include the officers and William O'Connell, Morris Wasser- man, Joseph Dietle and Wallace Mil- ler, sergeant-at-arms. Head Mexican Union Mexico City, Dec. 21.— Salvador Carrillo has been reelected president and Enrique H. Mayorga secretary general of the National Cinemato- graphic Workers Union. MPTO Weigh* Abandoning Its Annual Meel {Continued from page I) so-called "four-minute men" draw from individual localities for the dis semination of wartime addresses t theatre audiences. Kuykendall said the MPTOA's ar? proval of the program and personne ; of the Motion Picture Industry Con ference Committee may be taken fo granted, since the poll of the organ- ization's directors now is more thai half completed and no dissentin opinions have been expressed. He views the next task of the com mittee as one of organization, and bt lieves that the next meeting, to b held early in January will concern it self with the election of a permaner chairman, the selection of a full-tim:. executive secretary, means of financ ing the committee's activities and d(. fining the subjects which may prop erly be handled by the committer- under its all-important Point That paragraph of the industry unit programs covers the internal affair which may be adjusted or modified o; complaint of any branch of the in dustry or members thereof. Industry Ready to Serve, Says Hay* {Continued from page 1) and exhibition — is enlisted for th duration. "Its slogan is : Win the war now- everything else is chores ! "Through its War Activities Con!' mittee, the entire industry is equippe and ready to give the greatest possib- service. "The screen, nurtured in freedon recognizes its obligations to freedon Its duty is to serve. In addition 1 direct assistance to our national Gov ernment, this means a regular flow quality entertainment films to hel maintain civilian and military moral' "Our industry pledges this supply 3 days "The Feminine Touch" (M-G-M) 4 days "Ice-Caoades** (Rep.) 4 days EMPTRE— (1.200) (20c-28c) 2nd run. Gross: $1/00. (Average. $1,800) Reviews "The Corsican Brothers" (Small-United Artists) HP HIS is a swashbuckling adventure story in the Edward Small man- A ner, a colorful exercise of the imagination in the tone and spirit of the same producer's "Count of Monte Cristo," "Son of Monte Cristo" and "The Man in the Iron Mask." Direct index of its box-office value in any given situation is to be had by referring back to the records of those pictures and adding to this the additional attraction in the name of Douglas Fairbanks, Jr., as star of this offering. Associated with Fairbanks, who portrays the two leading characters, are Akim Tamiroff, as their family enemy and the most forceful figure in the story: H. B. Warner, J. Carrol Naish, Ruth Warrick, John Emery, Henry Wilcoxon, Gloria Holden and many other capable per- formers. The script by George Bruce and Howard Estabrook, from a Dumas novel, distributes the effort interest generously among the sev- eral players. The story, directed with a flourish by Gregory Ratoff, is of Corsican twins, separated by birth when bandits murder their family and seize its estates, who are reunited on coming of age and set out to exact vengeance. It happens in the period when swordsmanship, personal resourcefulness and daring were the great levellers of combatants and there is a wealth of action, excitement and suspense in the presentation of the tale. Running time, 110 minutes. "G."* Roscoe Williams W "Mr. District Attorney and the Carter Case (Republic) 'TP HIS is another version of the theme of feminine reporter and detec- tive — or assistant district attorney, as here — working on the same case. The film, in a light vein, is entertaining. Leonard Fields was associate producer, and Bernard Barhous directed. Although three murders are committed before the final curtain, the preponderance of comedy lessens the effect of the mystery element. James Ellison and Virginia Gilmore have the leads while in support are Franklin Pangborn, Paul Harvey (the district attorney), Lynne Carver, Douglas Fowley and others. First to be murdered is Page, magazine publisher. Ellison and Miss Gilmore start on the case, he suspecting and convicting John Eldredge, whose wife and the victim were friendly. Miss Gilmore believes Eld- redge innocent and does her own investigating after losing her job through an erroneous story. Thereafter a series of active sequences lead to the discovery that Pangborn, general manager of the magazine, is really guilty. The last scene in which Pangborn tries to escape with Miss Gilmore and another suspect, Fowley, is comedy of the slapstick variety. Running time, 68 minutes. "G."* Eugene Arneel *"G" denotes general classification. 'Flying' at $14,000; Washington Slumps Washington, Dec. 21. — A gener- ally slow week saw the lead taken by "Keep 'Em Flying," which drew $14,000 at RKO Keith's. The slump was attributed to the outbreak of the Estimated receipts for the week ending Dec. 10-11 : "Keep 'Em Flying" (Univ.) RKO-KEITH'S— (1,834) (40c-55c) 7 days. Gross: $14,000. (Average, $10,000) "Confirm or Denv" (20th -Fox) LOEW'S CAPITOL— (3,434) (28c-39c-55c- 66c-77c) 7 days. On stage: Don Rice, Al- len & Kent, Shyrettos, Harland Dixon, Rhvthm Rockets. Gross: $12,500. (Average, $15,500) "ADuointmPnt for Love" (Univ.) WARNERS' EARLE— (2.200) (28c-39c- 55c-66c-77c) 7 days. On stage: Dave Apol- lon, Ben Yost, New Yorkers, Six Anteleks. Danny Dravson. Roxyettes. Gross: $13,700. (Average, $15,000) "Two-Faced Woman" (M-G-M) LOEW'S PALACE— (2.300) (39c-55c) 7 davs. Gross: $18,000. (Average. $15,000) "They Died With Their Boots On" (W. B.) WARNERS' METROPOLITAN— (1.600) (28c-44c) 7 days, return engagement. Gross: $6,400. (Average, $4 000) "The Chocolate Soldier" (M-G-M) LOEW'S COLUMBIA— (1,250) (28c-44c) 7 days, return engagement. Gross: $3,500. (Average, $3,500) 'Falcon' and Show $23,500, Cleveland Cleveland, Dec. 21. — "The Mal- tese Falcon" with Jan Savitt's orches- tra on the stage gave RKO Palace a big $23,500. Estimated receipts for the week ending Dec. 11-12 : "Keep 'Em Flying" (Univ.) ALLEN— (3,000) (33c-39c-47c) 7 days, 2nd week. Gross: $5,000. (Average, $4,000) "It Started With Eve" (Univ.) WARNERS' HIPPODROME — (3.800) (33c -39c -47c) 7 days. Gross: $10,000. (Aver- age, $11,000) "Suspicion" (RKO) WARNERS' LAKE— (900) (33c-39c-47c) 7 days, 3rd week. Gross: $1,900. (Average, $1,500) "The; Maltese Falcon" (W. B.) RKO PALACE— (3,100) (40c - 50c - 55c) 7 days. Jan Savitt's Orchestra and stage re- vue. Gross: $23,500. (Average, $15,000) "Sundown" (U. A.) LOEW'S STATE— (3.500) (33c-39c-47c) 7 days. Gross: $10,500. (Average, $11,000) "Two-Faced Woman" (M-G-M) LOEW'S STILLM AN— (1.900) (33c-39c- 47c) 7 davs. 2nd week. Gross: $8,500. (Av- erage, $4,000) Club Xmas Party Held Cincinnati, Dec. 21. — The Warner Club held its annual Christmas party at the Hotel Alms Saturday night, with Harry A. Seed, district manager, attending. Ralph Dunbar presided. Blackouts Hit Frisco Gross At All Houses San Francisco, Dec. 21. — Business fell off badly due to the surprise blackouts. Best of the week was "Gay Falcon" at the Golden Gate with $12,- 500, aided by Buddy Rogers on stage. Estimated receipts for the week ending Dec. 8-12: "Skylark" (Para.) "Sailors on Leave" (Rep.) PARAMOUNT— (2,740) (15c-35c-40c-50c) 7 days. Gross: $11,000. (Average, $11,500) "The Gay Falcon" (RKO) GOLDEN GATE— (2,850) (39c-44c-55c) 7 days. Stage: Vaudeville. Gross: $12,500. (Average, $15,000) "Rise and Shine" (20th-Fox) "We Go Fast" (ZOth-Fox) WARFIELD — (2,680) (15c-35c-40c-50c) 7 days. Gross: $9,000. (Average, $12,000) "Sundown" (U. A.) UNITED ARTISTS — (1,200) (35c-40c-50c) 7 days, 3rd week. Gross: $5,800. (Average, $7,500) "Keep 'Em Flying" (Univ.) "Sing Another Chorus" (Univ.) ORPHEUM— (2,440) (15c-35c-40c-SOc) 7 days, 3rd week. Gross: $6,000. (Average, $8.ax)) "Two-Faced Woman" (M-G-M) "Cadet Girl" (20th-Fox) FOX — (5,000) (15c-35c-40c-50c) 7 days, 2nd week. Gross: $12,200. (Average, $16,000) "Shadow of the Thin Man" (M-G-M) "Two Sons o' Guns" (W. B.) ST. FRANCIS— (1,400) (15c-35c-40c-50c) 7 days, 3rd week. Gross: $3,500. (Average, $4,500) "One Day in Soviet Russia" (Artkino) CLAY— (400) (15c-35c-45c) 7 days. Gross: $700. (Average, $1,000) 'Partners,' Show Lead Pittsburgh Pittsburgh, Dec. 21. — War effects almost killed night business at the- atres, but the Stanley, with "Unholy Partners" and a stage show of the Three Stooges, Johnny Long, Phil Regan and the Berry Brothers drew $23,000. Estimated receipts for the week ending Dec. 11 : "Keep 'Em Flying" (Univ.) FULTON— (1,700) (30c-50c) 7 days, 2nd week. Gross: $5,700. (Average, $5,000) "Birth of the Blues" (Para.) LOEW'S PENN— (3,400) (30c-40c-55c) 7 days. Gross: $13,000. (Average, $13 000) "Shadow of the Thin Man" (M-G-M) RITZ— (800) (30c-40c-55c) 7 days, 3rd week. Gross: $2,200. (Average, $3,000) "You'll Never Get Rich" (Col.) SENATOR— (1,800) (30c-40c-55c) 7 days, 2nd week. Gross: $7,000. (Average, $6,000) "Unholy Partners" (M-G-M) STANLEY— (3,600) (30c-44c-66c). On stage: Three Stooges, Johnny Long's Or- chestra, Phil Regan, Berry Brothers, 7 days. Gross: $23,000. (Average, $18,000) "They Died With Their Boots On" (W. B.) WARNER — (2.000) (30c-40c-55c) 7 days, 2nd week. Gross: $6,700. (Average, $6,000) RKO Shows Fourth Block Next Month RKO has scheduled trade screen- ings on the fourth group of five pic- tures in all exchanges, A. W. Smith, Jr., sales manager, has announced. The five are: "Joan of Paris," "Call Out the Marines," "Mexican Spitfire at Sea," "Valley of the Sun, "Sing Your Worries Away." "Call Out the Marines" and "Mexi- can Spitfire at Sea" will be shown in most exchanges Jan. 5, and in some Jan. 7. "Joan of Paris" and "Sing "Your Worries Away" are set for Jan. 6 and Jan. 8, and "Valley of the Sun" will be shown Jan. 7 and Jan. 9. WHEN ONE THEATRE SELLS MORE TICKE1 . . . and Thai EDWARD SMALL presents ^ /JUzG*td*e ^bumal' MOST IMAZING ADVENTURE ROMANCE! "One of the best of the cinema's romantic melodramas. All 1 action, romance, thrills and suspense that have made Dumas 1 infallible source of engrossing screen entertainment. Fairbanks, turns in an exceptionally deft performance in the dual role." — Washington P "A wonderful show for the holidays! A highwater mark in 1 happy combination of Dumas and Fairbanks. Mr. Fairbanks at his best." — Washington Times-Her One of the big, important pictu N fIVE THEATRES, iAT'S HEWS! 5 Story of Washington's World Premiere! Yes, at 8:45 Thursday night, Loew's Palace which seats 2,400 had 3,703 people in the house. ..1,300 standing I The box-office was forced to close for almost an hour —and at one o'clock opening day Loew's Palace had more people in the theatre than the combined audi- ences of five opposition theatres! The greatest record- breaking pre-Christmas opening in the history of Washinqton. Held over for a second weak, of course! Tony Martin and Lt. Commander Herman Spitzel, U.S.N., participate in the gala "Moun- tain of Books" stunt at Loew's Palace where 5,000 volumes were collected at the premiere for the Women's Newspaper Club to distri- bute to service men! Starring Douglas Fairbanks, Jr with RUTH WARRICK • AKIM TAMIROFF J. CARROL NAISH • H. B. WARNER • HENRY WILCOXON JOHN EMERY • GLORIA HOLDEN • VEDA ANN BORG Directed by GREGORY RATOFF • Screenplay by George Bruce From a free adaptation of the Dumas story by George Bruce and Howard Estabrook IT'S THE CHRISTMAS WEEK ATTRACTION IN MANY LOEW THEATRES THROUGHOUT THE COUNTRY! General Peyton March, former Chief-of-Staff, and Mrs. March were among the Washington celebrities to contribute to the "Mountain of Books" collection at the first performance! These senoritas from seven Latin American countries express Good Neighbor solidarity by selecting Douglas Fairbanks, Jr. as their favorite screen star! ling one right after another from UNITED ARTISTS Motion Picture Daily Monday, December 22, 1941 Short Subject Reviews "War Clouds in the Pacific" {Warwick-M-G-M) The Canadian Government com- pleted this film on the war danger in the Pacific just before the attack of Pearl Harbor Dec. 7. While it treats with Japan as a potential danger, the commentary, of course, makes no ref- erence to the outbreak of war. The friendliness of Japan to the Axis, the danger points in the Pacific and the fortifications and fleet ready to meet any threat are described at length. Shown, too, are Japanese factories makinp munitions, German officers in Japan and the general strategy of defense. The reel shows intense prepara- tions being made to ward off surprise attacks, with naval officers peering off into the horizon and furious prep- arations under way at Pearl Harbor — scenes which may make the audi- ence gasp in the light of what ac- tually occurred. Nevertheless, the reel is instructive and its unusual timeliness should make it popular with audiences. Running time, 21 mins. Release, Dec. 24, 1941. Reviews "Scenic Grandeur (FitzPatrick Traveltalk) (M-G-M) The camera finds picturesque back- grounds and a wide variety of natural beauty in the Northwest for this new FitzPatrick Traveltalk subject. Many of the glacial scenes are impressive, having been caught by the camera from both sea and air. Color makes a vital contribution to the subject, particularly in shots of light effects of the Midnight Sun. Running time, 9 mins. Release, Dec. 13, 1941. "Wedding Worries" (Our Gang Comedies) (M-G-M) Our Gang worries about what will befall one of its members when her father decides to present her with a stepmother, and decides to do some- thing about it. Their plans for pre- venting the wedding ceremony fail but leave considerable wreckage and some laughter in their wake. Run- ning time, 11 mins. Release, Dec. 13. 'Porky's Pooch" 'Looney Tune) ( Schlesinger- Warners ) An ex-hobo dog tells another canine still down on his luck how to find a master and live in style. The now wealthy dog describes how he picked Porky Pig as master and, after some difficulty, won the soft spot. Good for a few laughs. Running time, 7 mins. Release, Dec. 6, 1941. 'The Night Before Christmas" (Technicolor Cartoons) (M-G-M) Here is a swell cartoon for any holiday program. It resorts to many of the familiar animations of the cat and mouse chase reels but carries a good Christmas spirit message that provides a fine, original ending. Color adds materially to the eye- pleasing piece. Running time, 9 mins. Release, Dec. 6, 1941. "Fiesta" (Roach-United Artists) Hollywood, Dec. 21 \XT HEN this item in Hal Roach's sequence of "streamlined features" » » is devoted to the presentation of singing and dancing ensembles in the Mexican tradition, which is most of the time, it is a treat in Tech- nicolor for eye and ear. When it is devoted, between ensembles, to telling a tale about a for- tune-hunter intent upon wedding the daughter of the rancho, and being exposed as a fraud by her boyhood sweetheart and his pals masquerading as bandits, it is a strain upon credulity and a test of audience patience. It is as a novelty in Technicolor that the film has a chance with an audi- ence brought into the theatre to see another picture. Production and direction by Leroy Printz are effective in the musical moments, casual elsewise. Anne Ayars, George Negrete, Armida, George Givot, Antonio Moreno, Nick Moro, Frank Yaconelli, George Humbert, Paco Moreno, Betty Bryson, Carlos Valadez, Jose Arias and his Mexican Tipica orchestra and the Guadalajara Trio are the listed talent. Running time, 45 minutes. "G."* Roscoe Williams "Law of the Timber" (Producers Releasing) Hollywood, Dec. 21 TAMES OLIVER CURWOOD'S story, 'The Speck on the Wall," has been adapted for "Law of the Timber." Strong, melodramatic material, murders, a forest fire, fights and dynamite blasts are presented in the offering, whose story deals with the efforts of several men, through sabotage, to take over a lumber mill engaged in filling a national defense order. It hits the target of action fan patronage. Marjorie Reynolds, Monte Blue, J. Farrell MacDonald, Hal Brazeal, Sven-Hugo Borg and Earle Ebe head the cast. Effective technical re- sults are achieved by producer-director Bernard B. Ray and George R. Batcheller, Jr., in charge of PRC production, who gave the film quality which belies the budget. The dialogue and the acting are below par in some spots, however. Running time, 64 minutes. "G."* Vance King "Billy the Kid's Round-Up" (Producers' Releasing) TP FFECTIVE playing by the personable Buster Crabbe and a few *-* good action scenes help matters some, but beyond that the Western is of minor caliber. The yarn is typical and its presentation is somewhat shy of color. Al St. John offers the comedy, while in other supporting roles are Carleton Young, Joan Barclay, Glenn Strange, Charles King, Slim Whitaker and Dan Webster. The director is Sherman Scott and the producer Sigmund Neufeld. The skullduggery comes in when the sheriff is murdered and the usual group of bad men try to promote the election of the conniving deputy. Crabbe and Young counter by nominating St. John. The battle begins and St. John gets the job. Running time, 58 minutes. "G."* Eugene Arneel "The Lone Rider Fights Back" (Producers Releasing) T^OR those exhibitors whose patrons care more for fighting on the *■ screen than for what goes with it, this "Lone Rider" issue should be adequate. It opens with a barroom fray and many of the following sequences are similarly hardy. The smooth talking "Rider" with the lethal punch is George Huston. His comic partner is Al St. John. Others figuring in the story less prominently are Dennis Moore, Frank Hagney, Charles King and Frank Ellis. The yarn, which might have been told more directly, has to do with the murder of a ranch owner and attempts to wrest the property from the victim's daughter. Huston sees to it that the attempts fail. Sam New- field directed the Sigmund Neufeld production. Running time, 64 minutes. "G."* Eugene Arneel *"G" denotes general classification. Short Subject^ Reviews "The Mechanical Monsters" (Superman Cartoon) (Paramount) Well named is Superman, who ha; the speed of a discharged bullet, X-raj I eyes capable of penetrating metal, et| I In this, his second screen appearand ! for Paramount, he battles a smal army of robots controlled by a villain- ous inventor after one of the "me- chanical monsters" takes to the aiil with a $50,000,000 jewelry haul Upon defeating the army in shon order, Superman zooms through thfj air and effects a nick-of-time rescud of the pretty feminine reporter whej is suspended over a cauldron of liquic fire. The cartoon is cleverly done ii • color, is certainly exploitable, ancj should bring results where the fanf tastic makes for entertainment. Rum ning time, 10 mins. Release Nov. 21 1941. 'Nothing But Nerves" (Benchley Comedy) (Paramount) This is a quiet and humorous ses? sion with Robert Benchley who tell;: about a man (Benchley again) anl his case of the jitters. "Mr. Averagi Man" starts the day off with an wm successful attempt to steady hi: quivering hand at breakfast, become, repeatedly unnerved when the phom rings, the plumbers go to work oi the pipes, his cigar lighter actualh lights, and finally in his retreat hi locks himself in the stall shower onln to have the plumber release the water Benchley's comedy has a definib flavor. Running time, 10 mins. Rel lease, Jan. 2, 1942. Screen Snapshots No. 4 (Columbia) The entire reel, in this case, is givei over to Billy Gilbert who takes a da- \ off to visit San Francisco. He visit City Hall, speaks to the mayor, look in at the mint, drives a street car works as a chef, visits Chinatown am winds up with a personal appearance Should please the Gilbert fans. Runt- nil isr time, 10 mins. Release, Dec. 3 1941. * "Buying a Dog" (Sportlight ) (Paramount) This imparts some really wortW while knowledge about dogs in addii tion to providing entertainment. Witl Ted Husing narrating, the short showj a number of prize canines and theij proper care and tops it off with th! affection between a youngster and hi! newly acquired pal. It should registe with all. Running time, 10 min< Release, Dec. 26, 1941. "Rookie Revue" o b.come ,omilior special mm ESE ONE-SHEETS ON MARCH OF TIME SUBJECTS ARE NOW AVAILABLE AT ALL NATIONAL SCREEN ACCESSORY OFFICES 10 Motion Picture Daily Monday, December 22, 1941 J -1 Set Clearance For Portland; File N.Y. Case {Continued from page 1) was withdrawn at the Philadelphia board. The Portland award establishes the maximum clearance on the three de- fendant distributors' product for first runs over second runs at 42 days after the close of the first run or after the end of the third week of first run, whichever is the earlier. Clearance of second runs over third runs is set at 14 days ; clearance of third runs over fourth runs at 14 days and fourth runs over fifth runs at seven days. The award does not apply to pictures which had not completed its first runs at the time the award was entered. The agreement affects virtually every theatre in Portland, not only because the award involves everything down to fifth run but also because of the large number of theatre operators who intervened in the case and, there- fore, are affected by it. The complaint was brought originally by William Graeper, operator of Graeper's Egyp- tian, Portland, against all five con- senting distributors in an effort to have the 91 days clearance of first runs over his theatre reduced to a maximum of 45 days. The complaint was withdrawn early in November fol- lowing a settlement agreement among the parties. Subsequently, also by agreement of all parties, it was rein- stated and Irving Rand, arbitrator, was asked to enter a consent award embodying the availability schedule described. In the final award, the complaint was dismissed as to Loew's by agree- ment and as to 20th Century-Fox be- cause its affiliated theatres were in- volved as respondents. The 30th New York complaint was filed by Coy Operating Co., Savoy Theatre, Jamaica, L. I., on some run against Paramount, RKO and 20th Century-Fox. The Skouras Jamaica and Loew's Hillside are named as in- terested parties. The complaint charges that the Savoy was refused second run in its zone by the defend- ant distributors because of the circuit buying power of the two theatres named, which were given the run sought by the Savoy. An award is re- quested prohibiting the distributors named from licensing for second run in the zone other than by separate contracts for individual theatres. The Philadelphia complaint with- drawn was that of Levven Pizor and Herman Coane, operators of the Colonial, against all five consenting distributors, on clearance. It was the second complaint to which Pizor was a party that has been withdrawn at the Philadelphia board, although his first withdrawal, involving his Tioga Theatre, subsequently was refiled. Attorneys Employed in 86% of Arbitration Cases Attorneys have been employed in 86 per cent of the arbitration cases filed during the first nine months of the operation of the boards, a third quarterly report of the American Ar- bitration Association published in the current Arbitration Journal, reveals. During that time 139 cases were filed. The report shows that during only the first six months of the boards' op- eration costs of cases averaged $87.87, of which exhibitors paid $58.23 and distributors $29.64. The cost figures, reported in Motion Picture Daily Nov. 9, do not include attorneys' fees, costs of appeals or the distribu- tors' cost of maintaining the system. Another "EXTRA ATTRACTION" for "EXTRA GROSSES"! flftapoiis \ POPULAR VARIETY VIEW TIMELY FEATURETTE DESIGNED FOR MARQUEE BILLING! All America wants to see "Tomorrow's Admirals" strip the decks for action! DATE IT HOW! RUNNING TIME: 9 MINS, [TWf ANNAPOLIS ADMMS [C£RTAlNiy HAVE VOX WFfCE APPEAL ! IPMl TAUT) SO DOES' OUR) % g t-/ \jm ocEAft 5 days> "Strange Alibi" (W. B.) MAINSTREET - (3,500) 28c-44c) 7 days. j>tag?: Loie Bridge and company. Gross: $8,o00. days. days. days. Stage: (Average, Named Warner Booker New Haven, Dec. 21. — J. R. Mahan, Warner manager here, has promoted Sidney Levine, former assistant booker, to booker, succeed- ing Victoria Cusanelli, recently mar- ried and resigned. Jack Mullen moved up to assistant booker. ionday. December 22. 1941 Motion Picture Daily 11 Critics9 Quotes . "H. ML PULHAM, ESQ." (M-G-M) May prove a quiet affair for some tastes. On the other hand, Marquand's istrated people and their special problems have been presented with a good kste, subtlety, and conviction that easily makes up for the lack of dramatic ct ion . — Nezvsi^cek. I enjoyed the picture. . . . It's directed with care, set out beautifully and irted with superior ability. — Lee Mortimer, Nciv York Daily Mirror. J. P. Marquand's novel about a renegade Yankee, "H. M. Pulham, Esq.," as been made into a superior film ... a tremendously vital and entertaining fcreen record of an upper class Bostonian trying to escape from the clutch of 'tunily, tradition and an ordered pattern of existence. — Howard Barnes, New I erk Herald Tribune. In brief, Mr. Yidor has permitted his film to lose ironic point. . . . He has filed to make "H. M. l'ulham, Esq.," either a credible social document or m account of a truly pathetic life. — Bosley Croivther, Nciv York Times. j An adult and intelligent motion picture. ... Of necessity, the Marquand kory has been compressed in the translating. Neither the meat nor the savor as been lost in the process although the film is, strangely, less dramatic than Jhe novel. — Eileen Creelman, New York Sun. "CONFIRM OR DENY" (20th Century-Fox) With performances nicely taken care of by Don Ameche, Joan Bennett and edoubtable character actors and able direction by Archie Mayo, this 20th Century-Fox production blends tragedy with comedy expertly to make an interesting war drama with a funny side. — Wanda Hale, Nciv York Daily fews. With our own air raid wardens in the audience taking notes, "Confirm or t)eny" turns out to have a lot more sock than it knew it had. — Louise Lcz-itas, PM (New York). Essentially a drama, but it also seems so accurate in all the ramifications 1)1 its backgrounds and material that one must consider it as an interesting iocumentary as well as an entertaining melodrama. — Robert IF. Dana, New York Herald 'Tribune. Circumstance has provided "Confirm or Deny" with a dramatic intensity which obviously is not inherent in the scenario. — New York Times. Indeed, this is easily the screen's most vivid and well-considered melo- ilrama dealing with the conduct of people when the bombs arc dropping . . . he film, directed by Archie Mayo, is staged so convincingly that it might ust as well have been photographed in the London streets. — Donald Kirkley, Baltimore Sun. "SMILIN' THROUGH" (M-G-M) ' Neither much better nor much worse than its predecessors, the new film has lie double advantage of color and Miss MacDonald's voice, to which might tie added her justly famous red hair and ready smile. — Donald Kirkley. Balti- Viore Sun. It is a little long and tear-laden, and tin story dated; but its appeal is still obvious. This new version has mood and background, and in addition, several ,\ elcome innovations — the use of Technicolor, the beauty and voice of Jeanette ^ flfacDonald. — Philadelphia Rceord. There isn't much novelty left in "Sniilin' Through." And its sentiment has 'aimed so soggy that there seems very little reason for remaking it even with 'Miss MacDonald and the benefits of color photography. — Mildred Martin. Philadelphia Inquirer. A lachrymose, sticky, super-sentimental romance conceived and acted by Bane Cowl for the post-war U. S. of 1919. Its present revival differs from its predecessors in one respect: Technicolor. — Time. The chief trouble of the current version is that, despite Technicolor, songs, .and Jeanette MacDonald, it (lifters so little from its predecessors that you can't miss the dust and occasional cobwebs accumulated with the years. — m'ewsweck. i "ONE FOOT IN HEAVEN" (Warners) It is a notable adaptation. The lively, humane, very worldly doings of 'Parson Spence have been transferred to celluloid with intelligence and charm — Time. There is nothing preachy in this film story of the life of a Methodist preacher ... a camera drama that is humorous, deeply and sympathetically human, interesting and inspiringlv entertaining. — Nelson B. Bell, Washington iPost. Warners have succeeded admirably. It is not a fast-paced story, nor is it very carefully strung together, but in its separate anecdotes there is much amusement and much entertainment. — Helen Muchaltcr, Washington Nezvs. A picture to charm the heart with its sincerity and its simplicity. — Jay Carinody. Washington Star. "NOTHING BUT THE TRUTH" (Paramount) Although it is the weakest of Bob Hope's recent vehicles, it is good for a reasonable number of laughs. — Neivyiveek. An old turnip that was squeezed dry long ago . . . telling the truth isn't funny any more. — Time. The moment Mr. Hope makes his first appearance, the gags begin to go off like a string of firecrackers. He gives sparkle, zest and renewed life to a type i'f farce which many thought to be on the way to obsolescence. — Donald Kbklex, Baltimore Sun. Minneapolis Gives Flying' Big $8,500 Minneapolis, Dec. 21. — "Keep 'Em Flying," at the Orpheum drew $8,500, while "Suspicion" attracted $7,500 at the State. The war declaration de- pressed business. Estimated receipts for the week ending Dec. 11 : "Suspicion" (RKO) STATE — (2,300) (28c-39c-44c) 7 days. Gross, $7,500. (Average, $6,000) "Shadow of the Thin Man" (M-G-M) CENTURY — (1,600) (28c-39c-44c) 7 days, 2nd week. Gross, $5,000. (Average, $4,000) "Keep 'Em Flying" (Univ.) ORPHEUM— (2,800) (28c-39c-44c) 7 days. Gross, $8,500. (Average, $5,500) "Law of the Tropics" (W.B.) GOPHER— (998) (28c) 7 days. Gross, $2,800. (Average, $2,500) "Ladies in Retirement" (Col.) WORLD — (350) (28c-39c-44c-55c) 7 days. Gross, $1,800. (Average, $1,600) "Bandit Trail" (RKO) 3 days "Unexpected Uncle" (RKO) 3 days "Lady Scart'ace" (RKO) 4 days "The Stork Pays Off" (Col.) 4 days ASTER— (900) (17c-28c) 7 days. Gross, $1,700. (Average, $1,800) Opens Phila. Exchange Philadelphia, Dec. 21. — Murray Schwartz, formerly branch manager of the Peerless exchange here, has opened his own independent exchange to be known as Astor Corp. He has obtained the franchise for Astor Pic- tures, and in addition, will handle the product formerly carried by Peerless. Manages Toronto Theatre Toronto. Dec. 21. — Harry S. Dahn. for years with Famous Players Cana- dian Corp., has become manager of the Midtown Theatre, first run here of the 20th Century circuit. 'Swamp' Beats War Slump in Philadelphia Philadelphia, Dec. 21. — The out- break of war held down business at the downtown houses. "Swamp Wa- ter" at the Stanton took a big $10,000. Estimated receipts for the week ending Dec. 9-12 : "The Little FoxesT (RKO) ALD1NE — (1,400) (35c-41c-46c-57c-68c) 7 days, 2nd week. Gross: $7,000. (Average, $9,000) "The Chocolate Soldier" (M-G-M) "Unholy Partners" (M-G-M) ARCADIA — (600) (35c-46c-57c) 7 days, 2nd run, $3,000; 4 days, 2nd run, $1,100; 11- day average. Gross: $4,100, (Average, $2,600) "Two- Faced Woman" (M-G-M) BOYD— (2,400) (35c-41c-46c-57c-68c) 7 days. 2nd week. Gross: $13,000. (Average, $13,000) "Blues in the Night" (W. B.) EARLE— (4,000) (35c-41c-46c-57c-68c) 7 days. Vaudeville, including Shep Fields Orchestra, John Boles. Gross: $20,000. (Av- erage, $14,000) "Marry the Boss's Daughter" (Zttth-Fox) FAY'S — (2,190) (15c-29c-3Sc-46c-57c) 7 days with vaudeville including Jean Mode, Isobel Brown. Gross: $6,200. (Average, $6,900) "Birth of the Blues" (Para.) FOX— (3,000) (35c-41c-46c-57c-68c) 7 days, 2nd week. Gross: $9,000. (Average, $13,000) "Hot Spot" (2ftth-Fox) KARLTON— (1,000) (35c-41c-46c-57c-68c) 7 days, 2nd run. Gross: $3,000. (Average, $3,000) "Sergeant York" (W. B.) KEITH'S— (2,200) (46c-S7c-75c) 7 days, 2nd week, 2nd run. Gross: $7,000. (Aver- age, $4,500) "Keep 'Em Flying" (Univ.) STANLEY— (2,700) (35c-41c-46c-57c-6Sc) 7 days. Gross: $17,500. (Average, $14,000) "Swamp Water" (20th-Fox) STANTON— (1.700) (35c-46c-57c) 7 days. Gross: $10,000. (Average, $4,500) PAYS OFF PICTURE ABNER BIBERMAN, as Carlos, who spies on spies. DRAMA OF SPIES AND SABOTAGE AT SEA! J. EDWARD BR0MBERG 0SA MAS SEN WILLIAM WRIGHT MARGARET TALLICHET ABNER BIBERMAN JOHN H. AUER — Director Screen play by Lawrence Kimble and Malcolm Stuart Boylan Original story by George Worthing Yates and Julian Zimet vm Buy U. 5. Defette Bonds FAME FAME FAME FAME FAME FAME FAME FAME FAME FAME FAME FAME FAME On The Press! FAME FAME FAME FAME Edited by F A M E terry ramsaye F A M E FAME FAME FAME FAME FAME FAME A QUIGLEY PUBLICATION loada>. December 22, 1941 motion Picture daily 13 Off the Antenna FIVE NBC-Red stations have started or are about to start operations on increased power. YVJAR, Providence, is now on 5,000 watts nights, as is WWJ, Detroit. KG\Y, Portland, Ore., is scheduled to go up to that power on Dec. 26, while WTAG, Worcester, Mass., will boost its night time power to the 5,000-watt mark on New Year's Day. WTMA, Charleston, S. C, is expected to start operation with 1,000 watts, day and night, on Feb. 1. On the Blue, WAYS, Charlotte, N. C, is scheduled to go on the air New Year's Day. Technical installations have been completed and final tests for the FCC begun. • • • Purely Personal: Tom Braden, IVOR trade news editor, left Friday for military service. . . . Sheridan House zAll publish shortly "Men of War" by Johannes Steel, WMCA commentator, based on hij recent trip to England. . . . Brewster Morgan's script of the 54th "Report to the A'ation" will be used by the War Department for instruction to news and radio editors on hozv to deal with rumors. . . . Hudson Hazvlcy has resigned as nezi's editor of NBC short zcaz-c to become editorial assistant to Stanley Richardson, Coordinator of short wave broadcasting. . . . Fred Scott, formerly of WAVE, Louisville, has joined the announcing staff of UrJJD, Chicago. . . . David E. Patridge, formerly of KMBC, Kansas City, has joined WLW-W SAI , Cincinnati, as assistant to the promotion director. . . . Glenn Miller has accepted appointment as national chairman of the dance orchestra leaders'' diz'ision- of the Committee for the Celebration of the President's Birthday. • • • International Telephone & Telegraph Co. will sponsor a digest of Latin American news on WABC beginning Dec. 29. It will be heard 6:10-6:15 and there will be no commercials on the show, it being intended purely as a goodwill message. • • • Last minute war news Saturday afternoons direct from the scene of the battle will be featured in a new program, "War Correspondent,'' which Libby- Owens-Ford will sponsor over 30 NBC-Red stations. It will begin either Jan. 10 or 17. The starting date has not yet been decided. Ben Grauer will be master of ceremonies and any one or more of NBC's correspondents around the world will be picked up as the news warrants. The program is timed 5:45-6 P.M. to take advantage of the early deadlines of Saturday afternoon programs. • • • Program News: Al Pcarcc will switch to NBC-Red Jan. 8 and will be heard Thursdays 7:30-8 P.M. Xavier Cugat, now heard at that time, will go over to Wednesdays, 9:30-10 P.M. on the Blue, replacing, in turn, "Penthouse Party." Both Pearce and Cugat arc sponsored by R. J. Reynolds Tobacco. . . . Lezvii-Hozvc has renewed "Treasure Chest'' oz'er 77 NBC-Red stations for another year. . . . Fulton Lezris, Jr., Mutual commentator, is no?*.- heard over 53 stations on a commercial basis with 31 local sponsors. . . . Marlin Firearms will sponsor news 6:55-7 A.M. Monday through Saturday over WABC starting Jan. 5. . . . American Chicle has renewed for six months Don Goddard's "Your Morning News" over WEAF, 7:30-7:45 thrice weekly. R. J. Reynolds Tobacco will sponsor a new show, "Hozv Am I Doing,'' over 100 CBS stations beginning Jan. 9. It will be heard Fridays 7 :30-8 P.M. with Bob Hawks as master of ceremonies. . . . Nineteen stations have been added to the NBC-Blue hookup for "America's Town Meeting of the Air," bringing the total to 129. . . . "You Tell 'Em Soldier," with Jack Arthur as master of ceremonies, zvill start tonight over WHN, 9:30-10 P.M. It will originate at Fort Hancock, N. J. • • • Neville Miller, National Association of Broadcasters president, will be guest of honor at the annual dinner of the Poor Richard Club in Phila- delphia Jan. 17. Members of the club's radio committee are Roger W. Clipp, general manager of WFIL; John E. Surrick, WFIL sales man- ager; Leon Levy, WCAU president, and Leslie Joy, KYW general manager. • • • In Pittsburgh: Franklin Tooke has replaced George Heid as program manager of KDKA. He comes from WOWO-WGL, Fort Wayne, Ind. . . . Joe Mulvihill. formerly at WCED and WMBS, is a new announcer at WCAE. . . . Jack Logan, announcer at WJAS, has enlisted in the Navy, and Gifford Bixbee, WCAE engineer, has joined the Army. . . . Announcer Ray Spencer of WCAE has begun a "Cakes for Charity" drive over the station, offering 17 cash prizes for the best cakes donated. FCC Reports Defense Chief Work of Year {.Continued from page 1) fere 67 FM authorizations and 43 ap- (ications pending, with an estimated C0.000 FM receivers in public use. Ipplications for FM stations in New fork City far exceeded the available lequencies there, it was stated. In the television field, eight stations ad been given commercial authoriza- diis and a score of experimental sta- ons had signified their intention of oing commercial as soon as possible, was said. Defense activities were centered trgely in the National Defense Oper- rions Section, which established early 100 monitoring stations hroughout the country to detect vio- itions of laws, treaties or regulations, nd through which several hundred •legal transmitters were closed down ; He foreign broadcast monitoring serv- ce, which analyzes propaganda, news nd entertainment from foreign sta- jons, and the Defense Communica- 10ns Board, which has developed a (rogram for operation of communica- Lons services during the war. NAB Issues Guide On New Programs {Continued from page 1) luests to report for civilian defense. Chey should be qualified and not nade imperative. I Stick to facts, not underestimating ■nemy strength. Do not allow sponsors to use the lews as a springboard for commer- lials. Do not use sound effects on dra- mitic programs which might be con- tused with raid alarms or the like. Do not try to second-guess military •fikials, broadcast lists of casualties, •r permit speakers to say anything of Id to the enemy in the course of dis- unions. Do not broadcast the location of ihnts making war materials, and do lot take chances with ad lib pro- grams. Power to FDR Over All Communications {Continued from page 1) of the Communications Act, restores 'Owers held by the President during ■he first World War to close stations ind remove their equipment or author- ize the use or control of stations by iny Government department, with pro- vision for just compensation to the |tvner. Radio News in Theatre Cincinnati, Dec. 21.— WKRC here las arranged to send by telephone ines three newscasts daily to the RKO \lbee, 3,300-seat house here. The lewscasts are made by Garnett Marks it noon, mid-afternoon and evening. L. A. Station Owner Dies Los Angeles, Dec. 21. — Victor Dal- -on, 50, owner of KMTE, died here after an illness of three weeks. Ascap Signs WWL New Orleans, Dec. 21. — WWL, CBS outlet in New Orleans, has signed an agreement with Ascap, Studebaker Lucas, attorney for Ascap here, has announced. Other local net- work affiliates, WSMB of NBC-Red. WDSU of NBC-Blue, and WNOE of MBS, are still negotiating, he said. NewShortWaveMagazine A new magazine, Pan American Radio, devoted to short wave broad- casting, made its appearance Friday. The text is in Spanish and Portuguese, in addition to English. Wrigley Donates Air Time for Navy The William Wrigley, Jr., Co. on Friday donated time over 69 CBS stations to the U. S. Navy for a half- hour weekly series to be heard Thurs- days, 10:15 to 10:45 P.M. The program will be devoted to in- formational services of the Navy. It will originate from the Great Lakes Naval Training Center, near Chicago, and WBBM, Chicago, will feed the program to the network. Bobbie Brown will act as producer. 46 Stations Joined NBC Webs in 1941 Technical improvements and the addition of new stations featured the year for NBC, according to a year-end summary of activities re- leased by the network over the weekend. A total of 36 stations joined the Blue network, four were added to the Red and six stations joined as optional outlets for Red or Blue. Power increases were granted 79 stations and nine affili- ates received more favorable fre- quencies. Four stations left NBC during the same period. 330 Hours to Defense During the first 10 months of the year, 1,062 defense programs were broadcast, of which 338 were origin- ated by NBC and the remainder broadcast in cooperation with Govern- ment agencies. Exclusive of spot an- nouncements and local shows, 330 hours were devoted to defense, of which NBC donated 295 hours. At present, the schedule has been in- creased to more than 100 defense broadcasts monthly. News shows increased 65 per cent in volume during 1941. Two new listening posts were opened, one on each coast. The short wave network was started with 23 Mexican stations, and there are now three regular com- mercial accounts on that web. NBC also has five sponsors for its own two stations and WBOS, the Westing- house short wave transmitter in Bos- ton. The short wave staff increased from 40 to 70 during the year. On the educational front, NBC has started libraries of recordings for schools and other organizations and hopes to expand this service during 1942. About 600 hours of network time was devoted to women's shows, it was stated. Following difficulties with the American Federation of Mu- sicians, NBC-Red radically revamped its late evening shows. Four Million Visitors Visitors to Radio City were many. More than 350,000 persons paid for tours of the plant and another 1,500,- 000 visited the studios during the year. About 4,000,000 persons, it was said, have taken the tour since the sight- seeing trip was started some years ago. During the year, the short wave transmitter was rebuilt, new studios were added at Radio City, a new plant is under construction at San Francisco and studios were added at Chicago, Washington and Denver. The FM transmitter is being prepared for com- mercial use and ultra high-frequency links between various points have been installed for radio relays when tele- phone lines are cut off or are undesir- able for technical reasons. Television was, of course, a major step forward although its progress was hampered somewhat by the war. NBC became the first and only com- mercial television outlet in this area during the year and a staff of 80 was maintained. Although only 15 hours of weekly programs are required, De- cember's total is expected to reach 75 for the month. There are four spon- sors on the air regularly now. BOB HOPE CHAMPION OF CHAMPIONS HERE AT THE RED NETWORK I e cant even TJLUSfl any more ! (First, Second and Third Awards in Fame-Motion Picture Daily Poll Go to Red Network Programs) pott- ...... V **** r =3} FAME MOTION PICTURE DAitY POL I ND AWARD pOLL 3 RD ... The Experts, as well as the Listeners, Give NBC RED Top Honors -and That's no Blushing Matter! /^\F course we're happy about winning the top three honors in the Fame-Motion Picture Daily Poll — but the Red's fine showing all along the line means a great deal more from a practical angle than just the annual winning of popularity polls. It demonstrates, primarily, u/ry 36.9% wore radio families "listen most" to the NBC Red Network than to any other network by day. ..and 41.7% more by night ... as revealed by the listeners themselves in the All-County Census of Radio Listening Habits. • • • In addition to winning the top three places in the "Champion of Champions" classification, NBC Red programs took the lion's share of the remaining honors. In all, NBC Red shows won 14 first places — against 7 for the next network and 1 for the third — 12 out of 11 second places and 9 out of 19 thirds. • • • So, to the experts, for doing such a good job of reflect- ing the vast listening audience's preferences, thanks. . . to the winning artists and sponsors — congratulations! BOX-SCORE-1941 Fame-Motion Picture Daily Poll NBC RED took "three out of three" (first place, sec- ond place and third place) in these 5 classifications: Champion of Champions . . . Best Comedienne . . . Best Comedy Team . . . Best Master of Ceremonies . . . Best Variety Program. NBC RED took the "top two" (first place and sec- ond place) in these 3 classifications: Best Classical Male Vocalist... Best Comedian ... Best Dramatic Series. NBC RED took first place in these 14 classifications: Champion of Champions (Bob Hope) . . . Best Popular Male Vocalist (Bing Crosby) . . . Best Classical Male Vocalist (Richard Crooks). ..Best Comedian (Bob Hope) ...Best Comedienne (Fanny Brice)...Best Comedy Team (Fibber McGee & Molly) . . . Best Sports Announcer (Bill Stern) . . . Best News Commentator (H. V. Kaltenborn) ...Best Master of Ceremonies (Bing Crosby) ...Best Dramatic Series (One Man's Family) . . . Best Variety Program (Kraft Music Hall)... Best Quiz Show (Infor- mation Please) ... Best Daytime Serial (Vic & Sade)... Outstanding New Star (Red Skelton). The Network MOST People Listen to MOST (by the vote of the listeners themselves!) NATIONAL BROADCASTING COMPANY A Radio Corporation of America Service L . .. . . . J Alert. Ijto the^k ['Picture Industry tion Do MOTION PICTURE DAILY First In DL. 50. NO. 123 NEW YORK, U.S.A., TUESDAY, DECEMBER 23, 1941 TEN CENTS Procedure of IL.A. Houses in War Outlined [Defense Bureau Issues 'Important Points' Los Angeles, Dec. 22. — The llheatre Defense Bureau of the Los ingeles Defense Council over the eekend issued a set of "26 impor- Lnt pointers" for theatre operators tiring the emergency. I Number one on the list is that dur- lig air-raid warnings, blackouts and Hual attacks programs are to con- Inme uninterrupted and patrons are to rmain in the theatre. 1 The bulletin urges that semi-weekly "ills on panic prevention be held (Continued on page 6) p'way Theatres Regain Strength Broadway theatres regained much of ieir box-office composure which was ost with the first reaction to the war We that fateful Sunday in Hawaii There will be no restrictions on New Year's eve celebrations in Times Square, Police Com- missioner Valentine announced yesterday. -hen Japan attacked. Business was ood over the weekend almost all long the Main Stem, despite the pre- Ihristmas shopping rush which also (Continued on page 8) Networks Flash Churchill Arrival Fresh off the wire services, radio again had the privilege of flashing the world simul- taneously the thrilling news that Winston Churchill, Brit- ain's Prime Minister, was in Washington and in conference at that moment with Presi- dent Roosevelt. Inquiry re- vealed that NBC-Blue broad- cast the wired flash at 6:57 P.M. and CBS flashed it at about the same time, and NBC again at 7 P.M. Church- ill, broadcasts disclosed a few minutes later, had arrived in this country by plane, accom- panied by Lord Beaverbrook and naval, military and tech- nical experts. Three SkourasBros. Given New Contracts As Circuit Operators George P. Skouras has been given a 15-year extension of his present con- tract as operator of Skouras Theatres by Fox Metropolitan Playhouses, it is reported, as a reward for his services. Spyros and Charles Skouras have signed a new five-year contract as operators of National Theatres, it is reported. Their contract additionally includes a five-year option in favor of the company, according to report. Skouras Theatres Corp. operates houses in the New York metropolitan area. National Theatres operates more than 400 houses in the Midwest and on the West Coast. The Skouras brothers have long been prominent in circuit operation. Starting in St. Louis, where they were also active in distribution in the early days, they bought an interest in a circuit and eventually became first run (Continued on page 8) See Mono. Profit at $250,000 for Year Chicago, Dec. 22. — With an indi- cated profit of $250,000 for the fiscal year ending next June, Monogram will release 34 features and at least 16 Westerns during the 1941-'42 season, Steve Broidy, general sales manager, told a meeting of the com- pany's franchise holders at the Con- gress Hotel here over the weekend. For the first five months of the fiscal year, starting July 1, Mono- (Continued on page 8) Industry's 'Dimes' Drive Pleases FDR A message of appreciation from President Roosevelt to Nicholas M. Schenck, chair- man of the motion picture committee to help fight in- fantile paralysis, was received by Schenck yesterday in a letter from Keith Morgan, na- tional chairman of the March of Dimes campaign. Morgan wrote that the President was "gratified" that the industry is undertaking a nationwide effort to help the drive. "I am sure he will watch the motion picture campaign with keen personal interest," the letter said. "Please express our apprecia- tion to every person and the- atre cooperating." Loew's Plans Refunding of $18,000,000 Wall Street reports are that Loew's, Inc., is negotiating a re- funding loan of approximately $18,- 000,000, part of which will be on a long-term basis and part on a short- term basis, with a group of nine insurance firms. The funds it is reported are to be used for calling in all of Loew's out- standing $11,581,000 Zy2 per cent de- bentures due in 1946, and its $13,672,- (Continued on page 8) Kirsch Urges Patron Drive; Conn. Unit Opposes Decree New Haven, Dec. 22. — Approxi- mately 98 per cent of the independent exhibitors in this territory are op- posed to the consent decree and urge a return to the old block system of selling with adequate cancellation provisions, Allied Theatre Owners of Connecticut reports as the result of its recent poll on the decree. The result has been communicated to Abram F. Myers, chairman of the board of Allied States Association. The letter to Myers, written by Maxwell A. Alderman, executive sec- cretary for the organization, states : "The main objections of the indepen- dent exhibitors indicate that the con- (Continued on page 8) Chicago, Dec. 22. — The Motion Picture Industry Conference Com- mittee group in charge of institutional advertising and goodwill activities has been called upon by Jack Kirsch, temporary chairman of the commit- tee, to start a campaign immediately to get the public back to the theatre in the interest of national morale. In a letter to members of the sub- committee, Kirsch points out that the decrease in attendance since the declar- ation of war is especially serious now because it comes in addition to the pre-holiday slump. "It is not a good thing for the na- tional morale for people to neglect (Continued on page 8) Daylight Time Move Seen as Film Problem Radio Also Affected Time Is Shifted If Considerable interest was expressed yesterday in film and radio circles as to the effect of a resolution introduced by Senator Sheridan Downey of Cali- fornia expressing Congressional ap- proval of any action President Roose- velt may take to invoke daylight sav- ing time in any section of the country during the war. Although Majority Leader Barkley blocked immediate consideration of the measure, Downey pointed out that daylight saving on the West Coast would save fuel and power and would aid in the application of nightly black- outs. Barkley warned against taking any hasty action which might be re- gretted later and suggested that the resolution be studied before it was passed. Meanwhile, the California State Senate by voice vote yesterday tabled Sen. Ed Fletcher's resolution urging Congress to vote daylight time. Fletcher withdrew another resolution to place California on daylight time (Continued on page 6) Van Wagner Named Comptroller of RKO Garrett Van Wagner, who has been assistant treasurer of RKO and as- sistant to George J. Schaefer, presi- j dent, yesterday was appointed comp- troller of the company at a meeting of the board of directors. Robert H. Dann and William F. i Whitman were elected assistant sec- ' retaries of RKO. Van Wagner's appointment followed j approval by the board of the recom- ! (Continued on page 8) 'Time' Sues to Enjoin M-G-M Film on War Judge John Bright in U. S. District Court here yesterday signed an ap- plication by March of Time against Loew's, Inc., and Warwick Produc- tions, Inc., ordering them to show cause why they should not be res- trained from exhibiting "War Clouds in the Pacific," a two-reel film, unless scenes contained in that picture alleged to be the property of March of Time were removed. The film was compiled (Continued on page 8) 1 2 Motion Picture Daily Tuesday, December 23, 1941 Coast Flashes Hollywood, Dec. 22 M-G-M announced today it will make "Six Girls in Uniform," a story of women replacing men in na- tional defense factories, with Ann Sothern, Marjorie Main, Ann Ruth- erford, Virginia Grey, Virginia O'Brien and Patricia Dane. Twentieth Century-Fox also an- nounced a new war film, "Ground Pilots," the story of Army Air Corps ground crews, for early production. • Alexander Korda plans the produc- tion of a film based on "War and Peace," Count Leo Tolstoy novel, in which he will star Merle Oberon. It is planned to start production early next Summer, with release by U. A. expected toward the end of the year. • Lester Rankin, describing himself as a Warner Bros, minority stockholder, has filed a Federal court suit in Los Angeles against the officers and direc- tors of the company seeking the re- turn of about $181,600 allegedly paid William Bioff and George E. Browne, former IATSE leaders. He also asked for the return of other undis- closed sums allegedly advanced union men. W.B. Theatres Zone Meet Held in Albany Albany, Dec. 22. — C. J. Latta, new Warner Circuit zone manager here, presided here today over a meeting of the 16 Western New York mana- gers in Ralph Crabill's district. Accompanying Latta, who outlined Warners' policy for 1942 and the wartime emergency, was Charles A. Smakwitz, zone publicity head. NEW YORK THEATRES RADIO CITY MUSIC HALL "H. M. PULHAM, Esq." An M.G.M Picture with HEDY LAM ARR • ROBT. YOUNG RUTH HUSSEY With the Music Hall's Great Christmas Stage Show 1st Mezzanine Seats Reserved. Circle 6-4600 BING MARY CROSBY MARTIN In Paramount'] "BIRTH OF THE BLUES" PARAMOUr IN PERSON ORRIN TUCKER and Band featuring WEE BONNIE BAKER JT TIME3 SQUARE Don Ameche Joan Bennett 'CONFIRM or DENY' PLUS A BIG BAVV 7th Ave. STAGE SHOW ■» W I &. 50th St. : PALACE B«Tsf STARTS T 1 LOOKWHO'S 1 LAUGHING' 1 Edgar Bergen 1 Chat. McCarthy OMORROW 'ALL THAT MONEY CAN BUY' Edward Arnold Anne Shirley Personal Mention FRANCIS L. HARLEY, 20th Cen- tury-Fox managing director for Britain, and Robert T. Kane, head of the company's British production, ar- rived from Europe by clipper via Bra- zil over the weekend. • J. J. Milstein has arrived in Cali- fornia from New York. • Robert Prachett, former Para- mount booker at the St. Louis ex- change, now with the Army in Ha- waii, has sent word that he is safe. • Harry M. Bessey of Altec Service Corp. has returned from Detroit. MATHEW_ J. FOX, Universal vice-president, yesterday arrived in Hollywood from the East. • Sy Waxman, manager of the Hol- lywood and Cinema, Atlantic City, was called for active duty in the Navy. He will be stationed at the Philadel- phia Navy Yard. • Judge Joseph Varbalow, head of the Varbalow circuit in Southern New Jersey, has entered the Camden, N. J., hospital, for a checkup. • William Knott King of Philadel- phia, and Martha Muncie were mar- ried recently. Wiman Play Opens At Cort Tonight "Letters to Lucerne," a new play by Fritz Rotter and Allen Vincent, opens tonight at the Cort with Grete Mosheim, Katharine Alexander, Sonya Stokowski, Phyllis Avery and Nancy Wiman among the players. Dwight Deere Wiman is the producer. Taylor President Of IT A of Ontario Toronto, Dec. 22. — Nat Taylor, president of Twinex Theatres Corp., operating 20th Century Treatres in Ontario, has been elected president of the Independent Theatres Associa- tion of Ontario for 1942, the previous incumbent being Harry Alexander, owner of the Lansdowne, Toronto, who recently joined forces with Famous Players. One of the new directors is Harry Firestone of Firestone Theatres En- terprises, subsidiary of Odeon Thea- tres of Canada, Ltd. M. L. Axler continues as secretary of the associa- tion and A. Polakoff, also of Toronto, succeeded Tom Walton as treasurer. Jack B. Reith Dies Toronto, Dec. 22.— Jack B. Reith, 53, who came to Toronto from Chi- cago recently to take over manage- ment of the Midtown Theatre, died in Wellesley Hospital after a brief illness and his body has been shipped to Chicago for burial. He had been manager of RKO theatres in the United States for some years. Hold Cadoret Rites In Rochester Today Rochester, Dec. 22. — Funeral ser- vices will be held here tomorrow morning at the Blessed Sacrament Church for William H. Cadoret, 65, general manager of Monroe Amuse- ments, Inc., who died here Saturday following a heart attack. Burial will be in Bourbonnais, 111. Cadoret had been in the theatre business since 1909, and for many years was film buyer for the Comer- ford Circuit, with offices in Scranton, Pa., joining the circuit in 1921. He had charge of the Palace, Temple, Century, Regent, Capitol, and Monroe theatres here. One brother, Gerald Cadoret, is general field supervisor for the Comerford Circuit, and another brother, Arthur, formerly was asso- ciated with that circuit. William Cadoret is survived by his widow, and a daughter, Ellen. Linet Installed as Mason Lodge Head Hank Linet of Universal's advertis- ing and publicity staff last night was elected and installed as master of City Lodge No. 408 of the Free and Ac- cepted Masons. Delegates of the Ma- sons from the film industry attended. The installation was at the Masonic Temple. Mrs. A. P. Giannini Dies San Francisco, Dec. 22. — Mrs. A. P. Giannini, 72, wife of the board chairman of the Bank of America, and sister-in-law of A. H. Giannini, financier well known in the industry, died yesterday at the Mills Memorial Hospital here. From the London Office of Quigley Publications HOPE BURNUP and AUBREY FLANAGAN send Greetings to all their friends throughout the world and wish them A HAPPY CHRISTMAS VICTORY and PEACE in 1942 Phila. W.B. Circuit Gives Xmas Bonus Philadelphia, Dec. 22.— Man- agers and office employes of Warner Theatres Philadelphia zone were given a Christmas bonus equivalent to two weeks' salary. Action on bon- uses is taken by the individ- ual theatre zones and is de- termined by the individual earnings of each zone. < Nov. Tax Revenue Is Up to $10,411,19^ Washington, Dec. 22. — Admission! tax collections increased almost 5(1 per cent in the first month of ap-j plication of the all-admission lev)i which went into effect Oct. 1, it was reported tonight by the Internalj Revenue Bureau. The bureau announced that receipts from the tax in November aggregate* $10,411,197, compared with $6,812,27 in October and $7,124,225 in Novem- ber, 1940. For the first 11 months of the year! the report showed, admission tax col-3 lections reached $76,407,121, compared with $36,829,403 for the correspond™ period last year. The bureau's special report for tH Third New York (Broadway) Dis- trict showed collections of $2,600,825 against $1,497,707 in November, 1940 Collections at the box-office wen $2,502,018 compared with $1,419,524. it was stated, and $9,875 was col^ lected on tickets sold by brokers against $10,154; $70 on tickets sold by proprietors in excess of the established price, against $1 ; $174 on permanen use or lease of boxes and seats against $63 ; and $88,692 from admis- sions to roof gardens and cabarets against $67,965. Rites for John Shipman Philadelphia Dec. 22.— Funeral) services were held yesterday in Pitts- burgh for John E. Shipman, 69, ol the maintenance and repair depart- ment of the Warner theatre circuil here, who died last Tuesday. H« was the father of J. Ellis Shipman executive of the Warner circuit here Other survivors are his wife, daughter, a sister and a brother. MOTION PICTURE DAILY (Registered U. S. Patent Office) Published daily except Saturday, Sunday anc holidays by Quigley Publishing Companyi 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 TJnior, Life Building, William R. Weaver, Editor, Leon Friedman, Manager; London Bureau 4 Golden Square, London Wl, Hope Wil Hams, Manager, cable address "Quigpubco1 London." All contents copyrighted 1941 bj Quigley Publishing Company, Inc. Othei Quigley publications: Motion Picturt, Herald, Better Theatres, Internationa] Motion Picture Almanac and Fame. En- tered a9 second class matter, Sept. 23, 193! at the post office at New York, N. Y.! under the act of March 3, 1879. Subscrip tion rates per year $6 in the Americas anc $12 foreign. Single copies 10c. "Ushers! Get out the tape for Mickey Rooney, Judy Garland in M-G-M's ' Babes On Broadway'!" Here is a picture in the best traditions of show business which has 4 • just about everything needed to bring crowds to the theatre and joy to the hearts of patrons of all ages, and to the exhibitor. —M. P. HERALD One of the most palatable and substantial entertainments ever to find its way into celluloid. Talent and versatility are apparently boundless, and in this toe-tickling, heart-warming musical, are employed to their best possible advantage. There are enottgk breath-taking highlights in the film to have assured successful reception for three motion pictures. —BOXOFFICE Entertainment -laden money show. A showman's natural and can't miss being a big money picture. —EXHIBITOR Great show; sock entertainment. As great a job as has ever been put into one picture. Any ticket buyer will go out raving. A whale of a box-office attraction with Mickey Rooney, the na- tion's top male draw, and Judy Garland, heading the cast and doing the best jobs of their careers. The answer to every ex- hibitor's prayer. Boys and girls, it's a show, and what a show! —HOLLYWOOD REPORTER Just about everything the average movie fan could desire. Place "Babes On Broadway" right on top . . . the best Rooney-Garland co-starrer to date. Head and shoulders above all other recent musicals. Bound to be a hit with any audience, will shoot box- office grosses upward in every situation. —SHOWMEN'S TRADE REVIEW Should do as well as its predecessors, "Strike Up The Band" and "Babes In Arms," at the box-office — which was very good. -VARIETY (Weekly) In exploiting this attraction, showmen are warranted in going the limit. The picture contains 15 musical numbers, among them some of the best they've ever seen. Busby Berkeley, director, has seen to it that all of his past experience in the field of dance direction is reflected in the enterprise . . . Audience shrieked their delight. —M. P. DAILY Will be a box-office smash of the season. One of the most refresh- ing and enjoyable musicals to ever grace the screen. It has every- thing, and exhibs. can prepare for holdovers and top grosses. —FILM DAILY An avalanche of sure fire entertainment, paced by the certified box-office names of Mickey Rooney and Judy Garland. It has everything with which to mop up — youthful zest, heart-tug, in- fectious rhythm, constant amusement and excitement, stirring performances, substantial story interest, captivating music and lavish production. -DAILY VARIETY UOO HAPPY NEW YEAR DATES LAUNCH 1942 s FIRST TRIUMPH! T iesduN. December 23, 1941 Motion Picture daily 5 Review "King's Row" ( Warners) Hollywood, Dec. 22 OCENE of this picture is a small American city, the period is 1890- ^ 1910, and the story told with intensity and power is that of the town and its people, many of whom are counterparts of people in every com- munity and many of whom are psychopathic cases, neurotics and emo- tionalists of one kind or another. Under impressive direction by Sam Wood a large cast delivers an assortment of performances which combine to produce an over-all effect of extraordinary realism. The screenplay by Casey Robinson, from a novel by Henry Bellaman, gives each player plenty of opportunity in the course of a long and detailed accounting for what goes on in every department of a many-sided narrative. David Lewis, associate producer, distinguished himself in the handling of a subject which offered more problems than most. Robert Cummings, Ronald Reagan, Ann Sheridan, Betty Field, Charles Coburn, Claude Rains, Judith Anderson, Nancy Coleman, Kaaren Verne, Maria Ouspenskaya, Harry Davenport and Ernest Cos- sart are the principals in the adult cast. Ann Todd, Scotty Beckett, Douglas Croft and Alary Thomas are excellent juveniles enacting the early portions of the film. It is a somber story, 125 minutes in the screen telling, and it deals with the morbid, the psychiatric and the fanatic as casually as most melo- dramas deal w ith such items as the mortgage on the homestead and the uprising of the Indians. One character is a sadistic surgeon, described a- >uch in the dialogue, who goes about town using his scalpel as an instrument of moral discipline — this includes amputating the legs of a young man whose attentions to his daughter he objects to. Another is a girl kept indoors by her father, who kept her mother indoors for years before her death, until he becomes convinced of her insanity, whereupon he kills her and commits suicide. Tt is the stories of these, and of those whose lives they and their doings distort, that make up the master-narrative. So powerfully are these ele- ments stressed that some illicit love affairs conducted by some of the characters are made to seem no more than incidentally important. There is nothing in the picture for children and there is much in it that is not for them. The picture is not to be classified as "escapist" save in the sense that it provides a means of escape from real troubles to some unreal ones that are more sordid and terrible than most individuals have the misfortune to meet in their daily lives. It is a magnificent job of production, tech- nologically and by all the accepted rules of professionalism, and it is a theatre experience to be remembered, but it is a deadly earnest business making no gesture whatever toward imparting joy to the customers. Running time, 125 minutes. "A."* Roscoe Williams Dietz Hits Critics Of Hollywood in •Liberty' Article • "The movies didn't just happen. iThey are the result of hard work, in- spiration, and the good judgment of able men." So writes Howard Dietz, director of advertising and publicity of Metro- poldwyn-Mayer, in the Jan. 3 issue m>i Liberty magazine. Dietz takes to task those who criti- cize Hollywood. He expresses his views partly as follows : I . S. Films 'Best in World' "Over the years the Hollywood movies have become the best in the world, capturing the market where- ever they were shown. Despite bar- riers of language, more than 73 per :cent of the seating capacity outside I the United States is devoted to Amer- ican films "Somehow, some w:ay, it becomes clear to those who care that the men who make the movies have more sense than those who take them to • task. The movies are here to stay 1 and they got that way because this criticized leadership had investment courage in the pioneer stage and enough vision to share this leadership with the growing talent. "They believed in the movies, risk- ed their security for the movies, and stuck to their job with the tenacity .! of a sourdough in the days of the gold rush "The radio, faced with no alterna- tive, had to derive its revenue from commercials. It is significant, how- ever, that the criticized leadership of the movies, despite the most bewil- dering temptation, have refrained from using the screen as an adver- tising medium. Millions of dollars by commercial products have been offer- ed as bait, but the producers refused to violate the amateur standing of the >creen. This in itself has kept open every avenue of progress for the fu- ture of the cinema. 'Sordid Accusations' "Had they been greedy they would have fallen for this seemingly easy money, especially those companies which were on their last legs. This adherence to a principle gives the lie to many sordid accusations that have been thrown around when the linen w-as washed in public. The movie magnates, whatever their frail- ties and admitted mistakes, have been doing what they thought was for the best interests of the vast personnel involved and for the success of the screen itself. . . . "Why should every other art form lie judged by its exceptions and the movies only by the run of the mill? "When Dickens was a current best seller an awful lot of authors wrote hooks that no one bothered to re- member. "And a lot of canvasses were daubed while a Rembrandt was paint- ing 'The Night Watch.' 'And a lot of turkeys were pro- duced the same year that Ibsen wrote The Wild Duck.'" Fire Damages House Bath, N. Y., Dec. 22.— Damage estimated at more than $1,000 was caused by fire that broke out in the Rabcock Theatre here. *"A" denotes adult classification. Legion Approves Thirteen New Films The National Legion of Decency has approved 13 of 14 pictures re- viewed this week, eight for general patronage and five for adults, while one, "Two-Faced Woman" was re- classified from "Condemned" to "Ob- jectionable in Part." The new films and their classification follow. Class A-l, Unobjectionable for General Patronage — "Babes on Broad- way," "Borrowed Hero," "Corsican Brothers," "Land of the Open Range," "Lone Star Law Men," "Red River Valley," "Remember the Day," "The Vanishing Virginian." Class A-2, Un- objectionable for Adults — "All- Amer- ican Co-Ed," "Among the Living," "Ball of Fire," "Blue, White and Per- fect," "No Hands on the Clock." Plan Gifts for Soldiers Cincinnati, Dec. 22. — The Cinema Club of Cincinnati is making ar- rangements to provide local boys in the service with cigarettes, razor blades and similar commodities, with funds supplied from the club's treas- ury. When such funds are not adequate for the purpose, money- raising affairs will be staged to maintain the contributions. Gary Cooper Gets Gehrig Role in Film Gary Cooper has been selected by Samuel Goldwyn to play the role of Lou Gehrig in the forthcoming pic- ture based on the life of the late ball player, it was announced in Holly- wood yesterday. Sam Wood, who will direct the Goldwyn film, arrived from the Coast yesterday to spend the holidays with his daughter, K. T. Stevens, stage actress, following which he will re- turn to the Coast to start work on the Gehrig picture. Chicago, Dec. 22. — While here, en route to New York, Sam Wood said he favored Gary Cooper and Zorina for the leads in "For Whom the Bell Tolls," which he will direct for Para- mount after completing the Gehrig picture for Goldwyn. An "official" choice of players has not been made yet, he said. Laraine Day in 'Fingers' Hollywood, Dec. 22. — Laraine Day has been set opposite Lew Ayres in M-G-M's "Fingers at the Window," which Charles Lederer will direct. Studios Keep Pace Despite War's Crisis Hollywood, Dec. 22. — War or no, the business of making pictures for the nation's entertainment continued apace this week, as 11 pictures started, 10 finished to make a total of 49 before the cameras. Twenty-one are in the final stages of preparation, and 72 are being edited. M-G-M continues to be the busiest studio, with nine in work; Paramount is second, with eight. The tally by studio : Columbia In IV ork : "Canal Zone," "Trini- dad," "Blondie's Blessed Event" (for- merly "Blondie Greets a Guest"). Korda (U. A.) In Work : "To Be or Not to Be." M-G-M Finished: "Out of the Past." In Work: "Along Came . . . Mur- der," "The Courtship of Andy Hardy," "Tortilla Flat," "This Time for Keeps," "Rio Rita," "Mrs. Miniv- er," "I Married An Angel," "Ship Ahoy" (formerly "I'll Take Manila"). Started: "Tarzan Against the World." Monogram In Work : "Below the Border," "Western Mail" (formerly "Frontier Law"). Started : "Law of the Jungle." Producers Releasing Finished: "Broadway Big Shot." Started: "Girls Town," "Billy the Kid Trapped." Paramount In Work: "Palm Beach Story," "Take a Letter, Darling," "Holiday Inn," "Mr. and Mrs. Cugat," "My Favorite Blonde," "American Empire," "Out of the Frying Pan," "This Gun for Hire." RKO Finished: "Lum and Abner No. 2," "The Mayor of 44th Street." In Work: "Powder Town," "The Tuttles of Tahiti," "The Magnificent Ambersons." Started: "My Favorite Spy." Republic Finished: "Riders of the Sunset Trail," "A Tragedy at Midnight" (formerly "X Marks the Spot"). Started: "Sleepytime Gal," "South of Santa Fe." Roach (U. A.) In Work : "Cubana," "About Face." 20th Century-Fox Finished: "Not for Children." In Work : "This Above All," "Rings on Her Fingers," "Tales of Manhat- tan," "To the Shores of Tripoli," "The Night Before the Divorce," "Moon- tide." Universal Finished: "You're Telling Me." In Work : "Drums of the Congo," "The Mystery of Marie Roget." Started: "The Ghost of Franken- stein," "Saboteur." Warners Finished : "Juke Girl," "Arsenic and Old Lace." In Work: "Yankee Doodle Dandy," "In This Our Life," "Larceny, Inc." Leaves Ontario Post Toronto, Dec. 22. — After serving for more than IS years, A. H. Gray has resigned as inspector of theatres for the Ontario Government. 6 Motion Picture Daily Tuesday, December 23, 1941 Reviews "The Man Who Came to Dinner" ( Warners) Hollywood, Dec. 22 ' I * HE Warner workmen herewith hand to the motion picture ex- *■ hibitor virtually unchanged the George S. Kaufman-Moss Hart comedy which the legitimate theatre has presented with notable com- mercial success in most of the nation's larger cities. It would seem to follow that the film can be depended upon to produce a comparable inflow of dollars when presented in the cinemas of those centers. Whether the fame of the stage play in the cities may have carried over into the towns in sufficient force to guarantee a readiness for it there is a matter of conjecture. On the screen as on the stage, the comedy abounds in sophistication, the cast in sophisticates and the humor in expressions, connotations and references comprehensible and amusing to the aware and informed but sometimes meaningless to the casual and slow of wit. In retaining most of the original dialogue, with only such modification as screen purposes demand, the craftsmen in charge of the enterprise have retained also the form and largely the manner of the stage. To those who go to the theatre expectant of seeing a stage play, doubtless this will be a source of satisfaction, while those who go to see movement and the orthodox processes of screencraft may find it something else. Bette Davis, Ann Sheridan, Billie Burke, Jimmy Durante, Reginald Gardiner, Grant Mitchell, Laura Hope Crews and many other film names are at hand for marquee use. Monty Woolly, who starred in the stage version, plays the name role in the picture, supplying a command- ing performance and a billing-name with significance for the stage- conscious. A Beverly Hills, Calif., audience indicated by frequent and unrestrained laughter its approval of the picture. Jack Saper and Jerry Wald were associates to Executive Producer Hal B. Wallis and William Keighley directed from a screenplay by Julius J. and Philip G. Epstein, all parties concentrating on retaining in all possible essentials the characteristics of the stage play. The comedy is not pointed at children, its humor is for the most part beyond their years, and some of its lines are unconditioned to the juvenile ear. Running time, 150 minutes. "A."* Roscoe Williams *"A" denotes adult classification. "Dangerously They Live" {Warners) Hollywood, Dec. 22 ANEW twist to the espionage and counter-espionage story is given Warners' "Dangerously They Live," an excitingly told and well done melodrama. The refreshingly effective story has a band of Nazi agents in New York kidnap a girl operative of the British Intelligence who pretends to have amnesia in an effort to foil their attempts to gain information concerning a convoy rendezvous. Aiding her is a young psychiatrist who is used at first as an innocent dupe of the Nazis but who later is convinced of the girl's story concerning their danger and joins her cause. The picture ends with the bombing by British planes of the German submarines which have been given false information by their aides in the United States. John Garfield as the young doctor, Nancy Coleman as the girl operative and Raymond Massey, as the head of the spies, head a long cast. Miss Coleman, in her largest role to date, delivers exceptionally well. The original screenplay by Marion Parsonnet and the direction by Robert Florey maintain suspense throughout to achieve as excellent climax. Ben Stoloff was associate producer. Running time, 78 minutes. "G."* Vance King Procedure of L.A. Houses in War Outlined (Continued from page 1) among all personnel ; that at least two of the theatre's personnel, including the manager, take a course in first aid; that at least one manager serve on the defense council in each area, where such council exists ; a set method for extinguishing lights dur- ing blackout; installation of emer- gency lights ; staff instruction on alarms and signals, in addition to rules and regulations ; never to per- mit theatre to remain in operation without proper and responsible man- power ; that the staff should be cheer- ful, courteous and thoughtful ; emer- gency lighting switches should be painted white and encircled in red; more frequent box-office drains with a minimum of change funds ; check with Red Cross on first-aid require- ments ; check all exits before opening ; check all ceiling suspensions such as chandeliers. Refuge for Public Also, that theatres admit the public in the event of an attack; that im- promptu entertainment be prepared in the event that the power is inter- rupted; that only cheerful program material be used for children's mat- inees ; that no mention of armed forces' activity be made; that the na- tional anthem be played at least once during each complete performance ; that theatres be made available for morning classes of the Red Cross or similar organizations ; that an efficient "page" system be installed; that thea- tremen consider making vacant store space available to government and de- fense organization; that managers re- quest patrons to remain seated during troop movement or such, to avoid traffic congestion; that the American flag and national colors be displayed properly; care in handling film and elimination of fire hazards. "In summation," it was said: "Instruct your staffs constantly in every phase of your operation until doing the right thing be- comes habitual; remain calm and employ sound, common sense at all times. Make your theatre a respected leader in doing right thing at right time. You therefore will make an im- portant and vital contribution to the national effort." B. V. Sturdivant is director of the Theatre Defense Bureau. The follow- ing are councilmen : Tom W. Baily, L. E. Behymer, Benjamin Decker, Maurice M. Cohen, Sherrill C. Cohen, Marco Wolff, Louis J. Halper, Charles Prickett, Nat Holt, Clayton T. Lynch, Rodney A. Pantages, S. D. Perkins, Robert H. Poole, Charles P. Skouras and Gene Towne. Managers at Meeting ■ Los Angeles theatre managers to- day attended a meeting of the Thea- tre Defense Bureau which was ad- dressed by Fire Department battalion chiefs assigned to instruct them by Fire Chief John Alclerson in coopera- tion with the bureau director. . Instruction in dealing with incen- diary bombs and other possible air raid effects was given. Theatres were grouped by zones of six houses each denotes general classification. Reopen Bayside Theatre The Bayside, Bayside, L. I., for- merly operated by the Brandt circuit, has been reopened by No. 30 Theatre, Inc., and is being operated under the supervision of Skouras Theatre Corp. with the manager of one in charge of drills. Larger theatres employing large staffs will be organized separately under the same setup. The defense bureau will function along with the Fire Department in event of emer- gency. 3 Firms Chartered; Two Are Dissolved Albany, Dec. 22. — Three com- panies have been chartered here, and two have been dissolved. The new firms are : Pan-Am Newsreel Corp., by Ralph Bosch, Nicholas H. Ruiz and Albert V. Testa; Colonial Pro- ductions, Inc., by H. L. Crantz, Frances Carrier and Emmett Jones, and Troob-Blumenthal, Inc., by Le- Roy Blumenthal, Emanuel H. Rand and Lester Troob. Those dissolved are: Unicon Tick- ets and R. W. Productions. Daylight Time Move Seen as Film Problem (Continued from page 1) when he was advised that the subject matter was outside the scope of the Governor's special session proclama- tion. , May Offset Loss 1 Although exhibitors previously have opposed daylight time as an adverse influence on the box-office, it was pointed out by observers that in areas requiring blackouts, longer daylight hours may offset the loss of business attendant upon total darkness during evening hours. Also, these observers said, additional daylight may be an inducement to stay outdoors during Summer months but in cold, wintry weather there will be little tendency to stay out of doors whether there is day- light or not. In England, theatres have been compelled to close down early in the evenings because travel is diffi- cult in blacked-out streets. Daylight time, on the other hand, may offer exhibitors additional operating time if blackouts become necessary, it was observed. Opposition to daylight time centers around the fact that it is not yet defi- nite whether blackouts will be neces- sary as a daily precaution, and it was felt by some spokesmen, therefore, adoption at this time of a daylight saving measure may be premature. Would Not Affect Radio Radio listening falls off sharply dur- ing Summer months, as far as home study surveys have been able to de- termine, but among many radio execu- tives, too, it is felt that additional day- light will not affect listening during Winter months. Radio, of course, has a special problem and the industry long has advocated a Congressional bill which would fix the time on a na- tional basis, either with or without daylight saving. Time zones offer a constant problem to network programs but local or sectional daylight time areas complicate the problem to ex- treme proportions. Prepare Plans for Sign Blackout in Pa. Philadelphia, Dec. 22.— The Penn- sylvania State Council of Defense has approved a plan for immediate black- outs of all outdoor illuminated signs in the state in case of an air raid. The proposal, submitted by the Out- door Advertising Association of Penn- sylvania, calls for each large lighted sign to be equipped with a convenient cut-out switch so placed that it is conspicuous and accessible. Directions for blacking out the sign are to be posted so that clear instructions are easily available. Signs which cannot be so controlled will be turned off for the duration of the emergency. Para. Choristers to Sing The Paramount Choral Society, consisting of 54 Paramount home of- fice employes, will give a concert of Christmas carols in Grand Central Terminal from 5 to 6 P. M. tomor- row. AY1 OF J.EDWARD BROMBERG OSA MASSEN WILLIAM WRIGHT MARGARET TALLICHET ABNER BIBERMAN JOHN H. AUER-D-recfo/- Scr—n pWy by lowf««c» kmbu end Molcolm Swi iojlon Or*9*nol ttory by G*o*gm .% o- rti rg Yo*«« ond Jwl*on Zim«l PICTURE du* ft. 5. defuse Bonds Motion Picture Daily Tuesday, December 23, 1941 English Production Is Going Full Blast, Goldsmith Declares Production in England is running "full blast" and studio space is at a premium, Isador Goldsmith, inde- pendent British producer, who arriv- ed here recently, stated yesterday. There are seven pictures now in production in addition to production activities at studios which the Gov- ernment has taken over, he said. American companies are engaged in considerable production in London, he said. Large Risk Eliminated One of the principal difficulties, that of risk to investments in the event a studio or performer was injured as a result of war activity, has been eliminated by the Government's is- suance of indemnity insurance, which Goldsmith said, has been one of the main stimulants to production. But there is still a considerable shortage of technical help and talent, he ad- ded. The Government grants leaves when technical men are required for pro- duction but despite every desire to cooperate, there is still a great deal of difficulty, he pointed out. Leaves are granted for specific productions rather than for certain periods of time. In the case of talent, Gold- smith reported, similar arrangements have been made although many ac- tors flatly refuse to leave their posts except for pictures requested by the Government, Goldsmith said. In the latter case, it is not uncommon for an actor to refuse payment for his services, according to Goldsmith. Theatre Business Booms Theatre business, especially in the Midlands and the North, has never been better, he declared, pointing out that many workers have money which because of restrictions and ra- tioning cannot be spent except for such items as motion pictures. Goldsmith has completed "Hatter's Castle" for Paramount and a print is now en route here. In May, Gold- smith said, he plans to produce A. J. Cronin's "Grand Canary," for C. M. Woolf, with distribution by General Film Distributors in England. U. S. distribution on the film has not been set. He expects to spend six to eight weeks additional here and plans to see Cronin in Hollywood. Goldsmith left last night for the Coast. Loew's, Inc., Plans $18,000,000 Funding (Continued from page 1) 200 $6.50 no par preferred. The de- bentures are callable at 102^4 up to Feb. 15, 1942, and at 102 up to Feb. 15, 1943. The preferred is callable at 105. The negotiations have not yet been concluded but it is believed they may be finalized today. It is believed that part of the com- pany's refunding plan also calls for Loew's calling part of the issues in- volved from the firm's cash surplus, said to amount to about $30,000,000. Loew's negotiations are being di- rected by David Bernstein, vice-presi- dent and treasurer. Kirsch Urges Patron Drive; Conn. Unit Opposes Decree (Continued from page 1) sent decree retained all of the evils of the old block booking system with- out offering any relief ; that shorts and newsreels were forced upon the independent exhibitor, together with the forcing of prior blocks of pictures as a condition precedent to ' the pur- chasing of subsequent blocks ; that under the consent decree no provision has been made for any cancellation privilege, whereas under the old sys- tem, many contracts contained a can- cellation privilege of anywhere from 10 to 20 per cent." The exhibitors, according to the letter, suggest that an "alternative plan be evolved whereby we return to the old block buying, which should carry with it a reasoable cancellation privilege on all groups of pictures without any strings attached, and the elimination of the forcing of shorts and newsreels." The Allied unit will meet next Monday at the Hof Brau Haus here, with Dr. J. B. Fishman presiding. (Continued from page 1) amusement and recreational pursuits and spend too much time at the radio listening to somber accounts of the war," Kirsch's letter states. Urges Aid Solicitation "It seems to me," he continues, "that the committee as a preliminary step might enlist the aid of public officials and prominent personages in urging the people to continue their usual pastimes and diversions. All thoughtful persons recognize the need for respite from the strain and anx- iety of war. Why not solicit state- ments along this line from the Presi- dent, governors, mayors, famous ath- letes and others in the public eye?" "The chairman of the subcommit- tee," Kirsch concludes, "can appor- tion the work among the committee members and see that the results are duly publicized. Let's not wait for the next meeting. Let's get in our licks while they are most needed." See Mono. Profit at $250,000 for Year; 34 Films Scheduled (Continued from page 1) gram shows a profit, before taxes, of $101,000, Broidy said. Sales this season to date are in excess of total sales for the entire preceding season, he reported. Monogram plans to produce four features of a higher budget class than the company ever before has sched- uled, will increase budgets on several pictures now listed and may add a new series of Westerns to its release schedule, Broidy told the franchise holders. Plans were discussed at the meet- ing for special handling to be given the John Boles picture, "Road to Happiness." Speakers at the meeting, in addi- tion to Broidy, included Trem Carr, production head ; George Weeks, pro- ducer ; Alton Brody, West Coast rep- resentative for De Luxe Laboratory and a member of . the Monogram board of directors,, and Lloyd Lind, assistant sales manager. Oliver linger Gets New Hoffberg Pact J. H. Hoffberg, president of Hoff- berg Productions, Inc., has signed Oliver A. Unger, sales manager, to a five-year contract as vice-president in charge of sales. Unger also was elected to the board of directors, with Edward Souhami, who was named secretary. Denies Dismissal of III. Clearance Case Chicago, Dec. 22. — A motion to dismiss the clearance complaint of the Don Theatre, Downers Grove, 111., was denied by Thomas C. McConnell, arbitrator, following the start of hearings on the case here today. The hearing is to be resumed Dec. 29. 'Time* Sues to Enjoin M-G-M Film on War (Continued from page 1) by the National Film Board of Can- ada. The application was in connection with a copyright infringement suit in which March of Time alleged that the film was copied in part from material in five "Time" reels made between 1937 and" 1940. Loew's-M-G-M is dis- tributing the film, which was sched- uled to open tomorrow at the Capitol on Broadway. Moredall Realty Corp., a Loew's subsidiary which operates the Capitol, was made a party to the action. Louis de Rochemont, producer of March of Time, in a statement said that the film uses scenes recently taken by its cameramen in the Far East. Since the same scenes are in a special March of Time release, "Battlefields of the Pacific", new being released by RKO, "we have no choice but to seek an injunction," the statement said. March of Time, during the past three years, has given the National Film Board of Canada scenes from its films for Canadian government defense pictures, with the understanding, ac- cording to de Rochemont, that such pictures were for exclusive Canadian distribution or for the Government war archives. Museum Shows Films For Civilian Safety Twelve British-made films on "Safety for the Citizen" themes, deal- ing with air raid and other wartime precautions, will be shown daily by the Museum of Modern Art. The showings, which started yesterday, consist of six subjects each and will be shown alternately at 3 :00 P. M. daily, except Sundays. The facilities of the museum will be made available to the public in the event of air raid alarms, it was announced. Douglas L. Baxter, for- mer art director and chief of research for 20th Century-Fox, is in charge of the museum's air raid precau- tionary program. Three Skouras Bros. Given New Contracts As Circuit Operators (Continued from page 1) operators there. They sold out to Warner Bros., and Spyros and Charles became general managers of the Warner circuit. In 1930 they severed connections with Warners and affili- ated with Paramount. Later they took over Fox Metropolitan Playhouses in New York. For a number of years Spyros and Charles Skouras have operated the National Theatres circuit, comprising the Fox West Coast, Fox Inter- Mountain, Fox Midwest, Wisconsin Amusement Enterprises and Ever- green State Amusement Enterprises divisions and Fox Michigan Corp. Spyros Skouras is president of Na- tional Theatres. Charles Skouras is in charge of the Fox West Coast group. George Skouras is president of Skouras Theatres Corp., which is not affiliated with National Theatres. B'way Theatres Regain Strength (Continued from page 1) was renewed after a sudden decline for the same war reasons. The tempera- ture on Sunday was lower than on Saturday but proved no great deter- rent to theatre business, and yesterday the weather was slightly milder. "H. M. Pulham, Esq." grossed an estimated $62,000 at the Radio City Music Hall Thursday through Sun- day, with the stage presentation. At the Paramount, "Birth of the Blues" with Orrin Tucker's orchestra brought an estimated $19,000 Saturday and Sunday and finishes its second week tonight with an estimated $38,000 ex- pected. Business at the Strand, where "Blues in the Night" with Count Basie's orchestra is now in its second week, amounted to an estimated $14,- 000, Thursday through Sunday. The Roxy rang up an estimated $23,800 with "Confirm or Deny" and a stage show, Thursday through Sunday. The show is in its opening week. "How Green Was My Valley," in its eighth week at the Rivoli, drew an estimated $9,000, Friday through Sun- day. Van Wagner Named Comptroller of RKO (Continued from page 1) mendation of the management that all accounting and auditing activities of the organization be unified under the supervision of one official, who would become comptroller of the parent com- pany and its subsidiairies. Van Wagner has been associated with RKO for almost 10 years, having been on the staff of the Irving Trust Co. as trustee of RKO from 1932 to 1940. Subsequently, he was elected assistant treasurer and assistant to the president. Buy Two Minn. Houses Minneapolis, Dec. 22. — The Lake and State Theatres at Detroit Lakes, Minn., have been purchased by Wil- liam Elson and Gilbert Nathanson, from Andrew and Herbert Anderson. *hn * A PICTURE AS 1 ft. 1 1 ( ;;;/ Paramount filmed "PACIFIC BLACKOUT" under the title "MIDNIGHT ANGEL." It was originally set for February 2nd release, as a part of Paramount's third block. It was intended to was in script form, felt it might be toe TODAY ALARM IS Fl few days after the c! therefore, comes to ) title "PACIFIC BLACKOUT" while the picture eliminated this title, however, because we irming. . Blackout came to the Pacific Coast only a pletion of the picture. "PACIFIC BLACKOUT," I one of the most timely pictures ever made. PLAY "PACIFIC BLACKO LOST in negotiating for so we have decided if THIS PICTURE NOW and Krhemthe third block i hibitois who are not a1 is IMMEDIATELY AVAILA IT" WHILE IT IS HOT. We this hot box office shot WILL it ANY PARAMOUNT CUS1 lize the TIME ST DOLLARS MAY BUY be settled lay it JANUARY 2nd. Terms pictures is negotiated for. Foshose ex- present Paramount customers, the picture LE FOR SALE anf CAN BE PLAYED %N. 2nd. r,OOD BUSINESS .OUGHT TO DO GOOD WHEREVER »;nsPe^Smelodramo paced, susp de D* citing screen piay an exciting )Ut 0f the blackout' -D«y 01 ""•"ling,,. -SOLID ENTERTAINMENT THAT Lt PAY A HEALTHY PROFIT.. -when S«iHesW8ed.p»c5ic.b.acU.u* gave Hollywood a swell ,dea for a «„»lyex«Hi»« adventure move. uesdav. December 23. 1941 Motion Picture Daily 13 Off the Antenna BMI licenses are now held by a total of 792 stations, according to Carl Haverlin, BMI station relations director. Of these, 756 are commercial stations and 36 non-commercial. Haverlin declared that with the endorsement received last Friday from the Pennsylvania State Broadcasters Association, there is now 100 per cent approval for the long-term BMI contract which begins March 12, 1942, and runs for eight years to March 12, 1950. The expiration date, Haverlin noted, is about two and a half months beyond the date when the present Ascap contract with the broadcasters expires. • • • Program News: "Lux Radio Theatre," which has been on CBS since 1935, yesterday uvs renewed for an additional year by Lever Bros, over 68 stations. . . . Simon Acker man Clothes signed to sponsor John B. Kennedy's new Sun- day half-hour period, 6-6:30 P.M., over IV A7 E IV for a full year. . . . Scaltest has renewed the Rudy Vallee show for 53 zvceks over 75 NBC-Red stations. . . . E. H. Squibb has renewed Frank Parker for an additional year. Parker is heard over 49 CBS stations, Monday, Wednesday and Friday, 6:30- 6:45 P.M. . . . RCA has renewed for an additional year George Putnam's newscasts Sunday through Wednesday, 11-11:15 P.M., over WEAF, and "Music You ]Vant" over the same station Monday through Friday 11:15- 11 :30 P.M. . . . "Vic and Sadc," Monday through Friday serial sponsored b\ Procter & Gamble, returns to CBS Dec. 29. • • • Instead of the customary "WOV, Fifth Avenue," which has been the telephone salutation at that station for some months, the operator now responds with "WOV — for Victory." • • • War Notes: A plan for continued broadcasting during air raids has been suggested in radio circles whereby, upon signal, all stations in the danger area will switch to the same frequency and use the same program. With the same frequency, wavelengths will not offer any guide to enemy bombers and stations will be able to maintain morale and transmit vital information. . . . W53PH, the WI-TL FM station in Philadelphia, lias proposed that FM stations be used for air-raid warnings as telephone communications between AM stations and their transmitters may be disrupted during raids. . . . Jane Cowl, Eddie Dowling, Burns Mantle and Brock Pemberton will discuss "The Theatre and the War" over WINS Sunday at 1 :30 P.M. . . . An Italian anti-Fascist rally at Cooper Union Saturday will be broadcast by WHOM Saturday 8:30-9 and 9:30-10 P.M. . . . WBYN has inaugurated news every half-hour on the 15 and 45-minute marks. . . . WHEC, Rochester, has decided to continue foreign language broadcasts, according to Gunnar O. Wiig, general manager. • • • WBOC, Salisbury, Md., will join Mutual Thursday to become the net- work's \9Zrd affiliate. The station operates on 1,230 k.c. with 250 watts', unlimited time. . . . KGKO, Fort Worth, Tex., has notified NBC-Blue offices here that the station will begin operations with night poivcr of 5,000 'watts on Jan. 1. • • • Mutual has started a group insurance plan which gives each employe of more than three months' standing free life insurance of $2,000 and permits those in higher salary brackets to purchase more at their own expense. lector Can Collect On (Promise of Screen est, Court Decides Refusal by a him company to give la screen test to an actor under con- t act for that purpose makes the com- pany liable for damages, the appellate I term of the New York Supreme Court i uled yesterday in upholding a SI, 500 Judgment obtained against Loew's by I Conrad Noles, actor. The ruling affirmed a decision by ; \Tew York City Court Justice Frank A. Carlin, who had granted the judg- ment against the company in a test suit brought by the actor. The appellate term handed down no • ■pinion but based its decision on one by Justice Carlin. The City Court luling was to the effect that Loew's was obligated to give the screen test, although it was not obligated under the agreement with Noles to grant the latter a contract after the test. Because Noles was prevented under the terms of the agreement from seek- ing employment elsewhere, the court had said, the argument that Loew's was in no event obligated to give any- thing but a screen test was not avail- able to the defendant. The plaintiff had claimed in trial that he had been prevented from obtaining other em- ployment for a period of 10 weeks t'rom March, 1939, the date of the contract. According to Cecil A. Cit- ron, attorney for Noles, this is the rirst decision on the question. Ask Court Review of Opera on Tour Writ Washington, Dec. 22. — Reconsid- eration of the Supreme Court's de- cision that no Federal question was involved in the granting of an in- junction by the New York Court of Appeals to Opera On Tour, Inc., pro- hibiting the IATSE from interfering with the use of mechanical music, has been asked by the union. A petition for rehearing has been riled with the court. It seeks a de- termination whether or not the in- junction interferes with the right of free speech and freedom of assembly guaranteed by the 14th amendment to the Constitution. Opera On Tour produced the opera "Faust," in which recorded music was employed as accompani- ment for live talent singers. The IATSE called a strike of the stage- hands under a reciprocal agreement with the American Federation of Mu- sicians which had protested against the elimination of musicians. The in- junction was subsequently granted and affirmed on appeal by the New York high court. In November, the U. S. Supreme Court refused to re- view the case on the ground that no Federal question was involved. Lewis Is Elected an RCA Vice-President Edward E. Lewis has been elected vice-president of the RCA Manufac- turing Co., directing the activities of the company's finance and accounts division. The assignment will relieve F. H. Corregan, vice-president and secretary, for general executive work. Most recently Lewis has been direc- tor of priorities for the company. Review Board Selects 'Kane' as 'Best Film' The National Board of Review of Motion Pictures, in its 16th annual selections, has chosen "Citizen Kane" as the best American film of the year, with "Pepe le Moko" as best for- eign-language picture, and "Target for Tonight" as best documentary. "The Forgotten Village" was given honorable mention. The choices were made on "the basis of artistic merit and importance." Other American films cited, in or- der of preference, were "How Green Was My Valley," "The Little Foxes," "The Stars Look Down," "Dumbo," "High Sierra," "Here Comes Mr. Jordan," "Tom, Dick and Harry," "The Road to Zanzibar" and "Lady Eve." Also cited among documen- taries were "Ku Kan" and "The Land." Wis. Houses Admit Service Men Free Milwaukee, Dec. 22. — Exhibitors in various Wisconsin cities are ad- mitting service men home for the holidays free of charge between Christmas and New Year. Men must be in uniform to take advantage of the offer and are required to pay the defense tax on the admission ticket. Pa. Censor Passes Five Russian Films Philadelphia, Dec. 22. — Since the start of the war, the Pennsylvania censor has approved five Russian pic- tures, it was disclosed by Mrs. Edna R. Carroll, chairman of the censor board. The change in the board's attitude is significant in view of its stand against foreign propaganda pic- tures. A court action is still pending in Common Pleas Court here against the board, seeking an appeal on a ban on two Russian pictures submitted shortly after the outbreak of hostilities between Russia and Germany. Two of the five pictures approved, "A Day in Soviet Russia" and "View of the Soviet World," are admittedly propaganda pictures. The other three are musicals. Mrs. Carroll explained that the two approved pictures are considered documentary films of the Russian armied forces. And since such forces are now battling a com- mon foe, the pictures are classified as military propaganda. She said that such pictures would be approved, pointing out, however, that the board will not countenance any pictures that may be classified as Communistic propaganda. FCC Program To Be Adjusted To Censorship Washington, Dec. 22. — The work of the Federal Communica- tions Commission will be fully ac- commodated to the new Govern- ment censorship requirements, FCC Chairman James L. Fly declared today. A close liaison will be maintained by the FCC with the censorship set up under Byron Price, Fly said. He expressed the belief that the radio industry has not felt any great fear of censorship, being aware for some time that it was inevitable. He refused to speculate as to what action the Commission could take in the event of censorship violations by a station. Fly disclosed that he has been in communication with Price by letter, but that no personal meeting has been arranged. However, he said that the broadcasters will have some specific problems to deal with under censor- ship and he will discuss them with Price at an early date. 1,154 Features on WOR During Year A total of 1,154 special feature broadcasts, including spot news, sports and national defense programs, were carried by WOR during 1941, according to the annual report of Dave Driscoll, director of special fea- tures and news, issued yesterday. An aggregate of 322 hours and 34 min- utes was devoted to these programs. W71NY, WOR's FM station, car- ried 471 special features during 224 hours and 29 minutes, the report stated. Broken down by classifications, there were 164 features, given 74 hours 25 minutes; 111 national de- fense, 31 hours 48 minutes ; 333 spot news, 48 hours 31 minutes; 116 polit- ical, 41 hours 31 minutes; 136 top- ical, 34 hours 43 minutes ; 83 chari- table, 25 hours 19 minutes ; 104 sports, 48 hours 26 minutes, and 107 special features, 17 hours 51 minutes. CBC Not Carrying U. S. War Bulletins Ottawa, Dec. 22. — Newscasts of war bulletins originating in the United States are not carried by the Canadian Broadcasting Corp. because they are not considered authentic enough, CBS officials stated today. However, it is likely that Canadian listeners will be given these broad- casts when news services in the United States have been properly co- ordinated and become censorable, it was said. Para. Reel Man in Hawaii Joe Rucker, Paramount News cam- eraman, has arrived in Hawaii to cover the Eastern fighting front, Paramount disclosed yesterday. Rucker is believed by the company to be the first American newsreel cameraman to reach Hawaii from the United States since the beginning of the war. 14 Motion Picture Daily Tuesday, December 23, 1941 Los Angeles Gross Shows Slight Pickup Los Angeles, Dec. 22. — First run houses took a severe beating from wartime conditions, but managed to pick up a little as the initial shock of blackouts and threatened blackouts wore off. Estimated receipts for the week ending Dec. 17: "Rise and Shine" (2y2 per cent debentures ou^ standing, due in 1946, amounted t $10,456,000. The company's $6.50 n, par preferred outstanding amounted f 136,000 shares. The debentures ar callable at 102^ up to Feb. 15, 194; and at 102 up to Feb. 15, 1943. Th preferred is callable at 105. Set New Circuit of USO-Camp Show USO-Camp Shows, Inc., has an nounced that a second group of 1( new shows, to be known as the "Sta Spangled Circuit," will be launche from coast to coast on Jan. 12. Th new circuit will play 141 Army camp I and Naval stations, according t Eddie Dowling, president of USO Camp Shows. Dowling said leader of stage, screen and radio had place the operations strictly on a war-tim ! basis. More than 200 name bands hav I volunteered their services to USO ' Camp Shows, playing in more thai 100 Army and Navy posts. A spe j cial Christmas show for the personne at the Newport, R. I., Naval statior was staged last night at the Para mount Theatre, Newport. The talen was headed by Bert Lytell, newly ap pointed coordinator of entertainmen for shows in the embarkation area 24 Non-Theatrical Films Set for S.A (Continued from page 1) rection of Phil Reisman, RKO foreigi vice-president, with the aid of commit tees set up in each Latin Americai ! country by the State Department. Th subjects cover a wide field of infor mation on American material. The; I are sound-tracked in both Spanish an< Portuguese. Excerpts From A Lecture Delivered Last Night By fofessor ( Doctor of r PhD., B.W.B., Y.I.T.A.N. ar of 4 'You're In The Army Now' ) lefore the Class of Motion Picture Art at New York University The Subje fi H PART IN THE WAR EFFORT V/0/ *** In '©/• 'o, !*• ;«o7 the schnozzle. And nobody understands him either .Llf I hod more education, I could w Rut 1 never got pc a script wr..e, Bun «- «"* ft**** wos P'e'\l • •AND \\° ?.^*u,,.^°^ >ee sfcoo* t*o* oft evetV 'You're In the ^Wynew^ Youough, Army Now is 3 to see it. Everyone ought to see rt. The whole world ought to see it. How they will adore me!^9 66 This is my message. Keep ftove fee-,, HITS THIS WEEK! 6 Motion Picture Daily Wednesday, December 24, 1941 War and Xmas Bring Slump in Chicago Loop Chicago, Dec. 23. — The combina- tion of war news and Christmas shopping proved too much for grossses in the Loop houses, and all business was down. "Honky Tonk" in the third week at the State-Lake drew $15,000. Estimated receipts for the week ending Dec. 18. "Smiiin' Through" (M-G-M) 6 days, 3rd week "Confirm or Deny" (2f blackout or air raid. This was decided at a meeting of owners and operators of all Washing- ton theatres, film and legitimate, with John J. Payette presiding. Payette is general zone manager for Warner theatres and assistant air raid warden cor theatres here. At the meeting Col. Lemuel Bolles, civilian defense commissioner, stressed ">peed above all things in the training (Continued on page 4) Service Today for Hall, Reel Pioneer ■)[ Washington, Dec. 25. — Funeral services will be held at the Hines Funeral Chapel here today for Ray L. Hall. Chief of Xewsreel Liaison Bureau of Public Relations Depart- ment of the War Department, who died at Doctor's Hospital on Tuesday of uneunionia. Hall was 62. Burial v ill be in Kentland, Ind.. his birth- place. He is survived by his widow, three sons and a daughter. Hall was educated at Indiana Uni- versity and entered newspaper work in (Continued on page 4) 1,587 Pickups from 43 Foreign Points By CBS During 1941 With 1,587 short wave pickups from 43 points, and 2,536 sustaining news broadcasts which occupied 357 hours and 48 minutes, the CBS news depart- ment had one of its most hectic years, according to the annual network sum- mary released over the holiday. High- light of the year was Cecil Brown's eyewitness account of the sinking of the Repulse and Prinee of Wales. The CBS talks department sched- uled 441 speeches during the year for 184 hours of broadcasting, exclusive of those arranged by the special events department. National defense was, of course, a major activity and many im- portant programs were built specially to aid the various phases of the de- fense efforts. During the year, CBS signed 74 (Continued on page 10) Empire State Union Reelects Officers All officers of Empire State M. P. Operators Union have been reelected for additional two-year terms, it was announced. Formal induction into office will take place at a dinner at the Hotel Claridge, Jan. 6. The ad- ministration slate was elected by a ratio of three to one in the voting. Those reelected were : Abraham Kindler, president ; Nicholas Pitta, vice-president ; Leon Diamondstein, financial secretary-treasurer ; William Santarsero, recording secretary, and Peter Elarde. sergeant-at-arms. EXHIBITORS VOTE ROONEY CHAMPION Wins 3rd Consecutive Year in M. P. Herald- Fame Poll; Gable Is Second; Autry Leads Western Players Mickey Rooney, for the third consecutive year, was voted the top money making box-office champion by the combined vote of circuit and independent exhibitors of the United States and Canada in the annual Motion Picture Herald-Fame poll First Step in Split of NBC Is Approved Washington, Dec. 25. — First major step in the divorcement of NBC's Red and Blue networks was approved by the FCC yesterday when it granted consent to the voluntary assignment of licenses of four key stations in the Blue network. The commission stated that it was acting on the "stated willingness of the National Broadcasting Co. and the Radio Corp. of America" to dis- pose of one of its networks. The FCC announced that licenses for WJZ, New York; WENR, Chi- cago, and KGO, San Francisco, would (Continued on page 10) 'Hey Rube* Organization Plans to Incorporate as National Group Leaders of the show world have decided to incorporate the name of "Hey Rube," traditional rallying cry of show business, as a national organization, for the benefit of the men and women in show business and to unite them in the interest of the country's defense under that slogan. The list of charter members includes: George J. Schaefer, president of RKO; Barney Balaban, president of Paramount; Will H. Hays; E. V. Richards, head of the Saenger Circuit; Joseph Hazen, of counsel for Warners; William Morris and Abe Lastfogel, originators of the "Hey Rube" idea, and heads of the William Morris Agency; Leo Spitz, industry counsel; Edwin L. Weisl, of counsel for Paramount; Robert Christenbury, manag- ing director of the Hotel Astor, and head of the Broadway Asso- ciation; T. J. Connors, personal assistant to Sidney R. Kent; Max A. Cohen, president of New York Allied; Nicholas M. Schenck, president of Loew's; Sam Shain and Gordon Youngman, of counsel for RKO. Incorporation papers already have been drawn by Young- man at Schaefer's instructions. The "Hey Rube" idea got under way last Wednesday when the William Morris agency announced the slogan to the trade in adver- tisements in the trade journals. Campaign buttons will form the basis of financing the organization. These buttons will be sold and the funds devoted to the men and women of show business for defense of the country. to determine "The Biggest Money Making Stars of 1941." The first 10 stars, as evaluated by exhibitors in terms of their drawing power, together with the percentage of possible votes each drew, in the order of their ranking, are : 1. Mickey Rooney 51 Clark Gable 48 Abbott & Costello 35 Bob Hope 33 Spencer Tracy 31 Gene Autry 21 Gary Cooper 19 Bette Davis 18 James Cagney 16 Judy Garland 13 Rooney's record of three consecu- tive first places is exceeded only by Shirley Temple's, who was wanner for four years straight. Marie Dressier, who won twice and Will Rogers, who was the leading star in 1934, were the only other winners in the 10 polls. Gable, by placing second, became (Continued on page 4) 2. 3. 4. 5. 6. 7. 8. 9. 10. Executives Accept Unity Appointments Chicago, Dec. 25. — Endorsements of the program and aims of the M. P. Industry Conference Committee were given by leading industry ex- ecutives in accepting appointments to serve on subcommittees. The accept- ances were received here by Jack Kirsch, temporary chairman of the committee. George J. Schaefer, RKO presi- dent, in accepting the temporary (Continued on page 4) Gilliam Gets RKO Chicago Sales Post Chicago, Dec. 25. — Tom Gilliam will become sales manager of the RKO branch here Monday to succeed Sam Gorelick, who has been pro- moted to branch manager. Gilliam was manager of the Warner exchange here for years but was transferred to Atlanta. Recently he returned to Chicago and has been a member of the Paramount sales staff. Motion Picture daily Friday, December 26, 1941 Careful Censor Mexico City, Dec. 25.— The Federal Film Supervising and Censoring Department has or- dered deleted from the newest Mexican picture, "La Gallina Clueca" ("The Brooding Hen"), taken from an Argen- tinian stage comedy of the same name, the scene of a doctor's office in which a chipped movable wash basin was shown. The department considered that shabby furniture in a doctor's office would prompt unfavorable comment abroad about the tidiness of Mexican physicians. Writer Guild Names Defense Committee Hollywood, Dec. 25. — The Screen Writers Guild yesterday announced names of members of its war emer- gency committee to cooperate with the War Activities Committee-M. P. Industry. Members of the committee are : Ralph Block, chairman ; Sheridan Gibney, Sidney Buchman, Charles Brackett, John Larkin, Mary Mc- Call, Allen Rivkin, Robert Rosson and Harry Tugend. The following were named chairmen of local wartime committees by the Los Angeles Theatre Defense Bu- reau: Tom W. Baily, public rela- tions ; Maurice M. Cohen, ballrooms ; Benjamin Decker, bowling alleys ; Marco Wolff, film exhibition ; Nat Holt, communications ; Clayton T. Lynch, film distribution ; Rodney Pantages, panic prevention ; Robert H. Poole, coordination with fire and police departments ; Gene Towne, film production, and Charles Prickett, stage presentations.- NEW YORK THEATRES RADIO CITY MUSIC HALL "H. M. PULHAM, Esq." An M.G.M Picture with HEDY LAM ARR • ROBT. YOUNG RUTH HUSSEY With the Music Hall's Great Christmas Stage Show 1st Mezzanine Seats Reserved. Circle 6-4600 BING MARY CROSBY MARTIN in Paramount's "BIRTH OF THE BLUES" IN PERSON ORRIN TUCKER and Band featuring WEE BONNIE BAKER PARAMOUNT TIME3 SQUARE "Remember the Day" Ciaudette Colbert John Payne PLUS A BIG DrtW 7*h Ave. STAGE SHOW RVA I &. 50th St. 'Look Who's Laughing' Edgar Bergen- Chas. McCarthy | 'All that Money Can Buy' Edward Arnold- Anne Shirley Personal Mention BURTON ROBBINS, son of Her- man Robbins, National Screen Service president, was married yester- day to Gladys Kaplan of New Rochelle. The couple left for a two- week honeymoon in New Orleans. • Robert Riskin has arrived in New York from London and Lisbon on what was probably the last American ship sailing from the latter port for the war period. • John Grierson and Ross McLean of the National Film Board, Ottawa, were Christmas visitors here. • Jeanette Berliner, Republic book- er in New Haven, will leave for a short Florida vacation next week. • T. F. O'Toole, Ben Lourie and Hy Levine attended the Bar Mitz- vah of Allan, son of Harry Ol- shen, Columbia Boston salesman, Saturday. The reception was at Toby's Restaurant, Brighton, Mass. FRANCIS L. HARLEY, 20th Century-Fox managing director for Britain, left for Philadelphia Wednesday to spend the holidays with his family there. • William F. Rodgers will leave for Florida today on a delayed holiday. • Antonio de G. Osio, operator of the Olimpia Theatre, Mexico City, will leave New York tomorrow after a two weeks' visit here with Mrs. Osio. • Hal Roach is scheduled to arrive from the Coast by train on Monday. • Earl Wright, 20th-Fox salesman in New Haven, will spend a week in Waterville, Me., beginning today. • Adolph Johnson of the Strand, Hamden, Conn., and Mrs. Johnson spent Christmas with their son, Rob- ert, on active duty at Jacksonville. Mexican Theatres Aid First Blackout Mexico City, Dec. 25. — Theatremen of Tampico got their first experience in Mexico of a blackout one night recently when the oil port was plunged into darkness for an hour by orders of the military commander. The ex- periment was a complete success and the theatremen were praised for their cooperation. The Government has not as yet an- nounced blackouts for any other Mexi- can cities. It is expected that these experiments will not be made here or in any of the other larger communi- ties but will be confined to the ports. Frisco Operators Win Rise in Wage San Francisco, Dec. 25. — The projectionists' local here has won a five per cent wage increase, effective Jan. 1, from first run theatres, over the present scale of $2.10 per hour. Negotiations with operators of sub- sequent run houses are being contin- ued. Theatrical Employes Union, No. 18, is negotiating with operators for a 10 per cent wage increase for house employes of all local theatres. Heineman Gives Party William J. Heineman, Universal assistant general sales manager, will give a delayed Christmas party for orphans from the St. Joseph School for Girls at his Forest Hills home tomorrow. 'Dumbo* Is Toronto Hit, Taking $11,500 Toronto, Dec. 25. — "Dumbo" was the pre-Christmas hit here at the Im- perial with $11,500. "All That Money Can Buy" grossed $8,000 at Shea's Theatre. Estimated receipts for the week ending Dec. 21 : "Poison Pen" (British) "Moonlight in Hawaii" (Univ ) EGLINTON— (1,086) (18c-30c-48c-60c) 6 days. Gross: $3,000. (Average, $4,500) "Dumbo" (RKO) IMPERIAL— (3,373) (18c-30c-42c-60c-90c) 6 days. Gross: $11,500. (Average, $9,000) "H. M. PuUham, Esq." (M-G-M) "Miss Polly" (U.A.) LOEWS — (2,074) (18c-30c-42c-60c-78c) ( days. Gross: $7,800. (Average, $9,000) "All That Money Can Buy" (RKO) SHEA'S — (2,480) (18c-30c-42c-6Oc-90c) I days. Gross: $8,000. (Average, $9,000) "One Foot in Heaven" (W.B.) "Target for Tonight" (W.B.) TIVOLI— (1,434) (12c-18c-30c-48c) 6 days Gross: $3,000. (Average. $3,900) "Unholy Partners" (M-G-M) UPTOWN — (2,761) (18c-30c-42c-60c-90c) 6 days. Gross: $7,000. (Average, $9,0CO) Plan Charity Matinees New Haven, Dec. 25. — Fishman Theatres reports that the Rivoli, West Haven, and Howard here will have annual canned goods matinees in co- operation with the Salvation Army and the neighborhood church, respect- ively. SPG Party Tomorrow The Screen Publicists Guild Aux- iliary will hold a defense party to- morrow night at the New York Newspaper Guild Club. Uniformed men will be admitted free. 'York* Omaha Best Garnering $7,200 Omaha, Dec. 25. — Theatre grosses started an upward climb after drop- ping during the first days of the war. "Sergeant York" pulled $7,200 at the Paramount in a second week. Estimated receipts for the week ending Dec. 17-18: "Our Wife" (Col.) "EUery Queen and the Murder Ring" (Col.) BRANDEIS — (1,200) (30c-44c) 7 days. Gross: $4,100. (Average, $4,000) "H. M. Pulham, Esq." (M-G-M) "Nine Lives Are Not Enough" (W. B.) OMAHA— (2,000) (30c-44c) 7 days. Gross: $6,600. (Average, $6,000) "I Wake Up Screaming" (ZOth-Fox) "World Premiere" (Para.) ORPHEUM — (3,000) (30c-44c) 7 days. Gross: $6,300. (Average, $7,000) "Sergeant York" (W. B.) PARAMOUNT — (3,000) (40c-55c) 7 days, 2nd week. Gross: $7,200. (Average, $6,000) Suspend Licenses Of Two Ky. Houses Frankfort, Ky., Dec. 25. — For the first time since the state's amusement tax law was passed in 1936, the State Tax Commission has suspended the permits of two Kentucky theatres. They are the Dixie Theatre of Olive Hill and the Mills Theatre of More- head, both owned by L. H. Mills, Ward Oates, Assistant Revenue Com- missioner, said. The suspension starts Jan. 2. The tax commission sustaine/f I charges that the theatres failed to kee\l* written records, did not tear all ad- mission tickets in half after they were sold and failed to produce their rec- ords for Revenue Department repre- . sentatives as required by law. Under if the amusement tax law, all theatres are required to obtain state permits. There is no charge for the permits, but the theatres must post $1,000 bonds, Oates said. Benjamin Goetz Dies Cincinnati, Dec. 25. — Benjamin F. Goetz, 73, father of Joseph Goetz, assistant division manager for RKO Theatres here, died yesterday after a long illness. He was at one time connected with the Strand in Dayton, O. A daughter also survives. 'Heaven' $15,200; Newark Gross Off Newark, Dec. 25.— -Shopping and war news combined to result in slow business, with only "One Foot in Heaven" at the Branford drawing, with $15,200. Estimated receipts for the week ending Dec. 16-18: "One Foot in Heaven" (W. B.) "Swing It, Soldier" (Univ.) WARNERS' BRANDFORD-(2,840) (30c- 44c-55c-65c-75c), 7 days. Gross: $15,200. (Av- erage, $14,000) "Smilin' Through" (M-G-M) "Three Girls About Town" (Col.) LOEWS STATE-(2,589) (30c-44c-55c-65c- 75c) 7 days. Gross: $13,500. (Average: $13,- "Week-End in Havana" (2Bth-Fox) "Man at Large" (ZOth-Fox) RKO PROCTOR'S-(3,389) (33c-44c-55c- 6oc-75c) 7 days, 2nd week. Gross: $14,800 (Average, $14,500) "Night of January 16" (Para.) "Glamour Boy" (Para.) PARAMOUNT-NEWARK— (2,200) (30c- 44c-55c-65c-75c) 7 days. Gross, $14,000. (Av- erage, $14,500) Norfolk Exhibitors Raise $1£00 Fund Norfolk, Va., Dec. 25.— More than $1,200 was raised for the local Christmas Fund by the Theatre Man- ' agers Association here. They spon- sored an entertainment program at the Norva Theatre, consisting of the film, "Accent on Love," and 20 acts of amateur vaudeville. Pierre Boulogne, manager of the Norva, was chairman of the show committee. 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 Picture Almanac and Fame. En- tered as second class matter, Sept. 23, 1938 at the post office at New York, N. Y., under the act of March 3, 1879. Subscrip- tion rates per year $6 in the Americas and $12 foreign. Single copies 10c. il \ \ \ that EXTRA something that makes a winner belongs- in the motion picture industry- exclusively This particular sock is from Humphrey Bogart's new smash "ALL THROUGH THE NIGHT". There is, however, the same box-office impact in "THEY DIED WITH THEIR BOOTS ON", "THE MAN WHO CAME TO DINNER", "KINGS ROW" and every other picture Warners make ! 4 Motion Picture daily Friday, December 26, 1941 Reviews "The Shanghai Gesture" {Arnold Pressburger — United Artists) THE screen version of the John Colton play which will be remem- bered as a sensational stage "shocker" in its day is bereft of the more obvious luridness of the original, but in shedding some of its native sordidness it has neglected or failed to replace what was discarded with strengthening screen factors which have so often leavened a motion picture effort of this kind. "Mother Goddam", played by Ona Munson, and her house of assigna- tion, in the film become "Mother Gin Sling" and an elaborate gambling establishment with unmistakable sidelines ; while Poppy, played by Gene Tierney, becomes the victim of her gambling fever rather than of man's lust. Those are the basic concessions made by the film to the audience of the screen. There remain murder, principals without character, wit or morality and, therefore, without claim to audience sympathy, and the tawdriness of a tale lived and told largely within the confines of a "joint," notwithstanding the evening clothes which populate it. It may be said, however, that Producer Arnold Pressburger's film does make sin unattractive. Josef von Sternberg directed. In brief, the story is that of Poppy who comes to Mother Gin Sling's place in search of a thrill and becomes a victim of its vices and her own weakness. Her wealthy father, played by Walter Huston, endeavors to get her away from the place and from Shanghai and learns that Mother Gin Sling is the Chinese girl he married in his youth and the mother of his daughter. Informed of this, but unable to break Poppy's fascination for Victor Mature, a hanger-on at the dive, Mother Gin Sling shoots the girl. Running time, 100 minutes. "A."* Sherwin A. Kane *"A" denotes adult classification. "Forbidden Trails" (Monogram) AFTER hibernating in the penitentiary for some time, two desperados emerge with intentions of making even the score with U. S. Mar- shal Buck Jones, who sent them away. Marshals Tim McCoy and Ray- mond Hatton come to the aid of their colleague with the result that the two ex-cons cease to be and attempts of their partners of the under- world to rob stage shipments are likewise unsuccessful. The Western, another of the "Range Busters" series from Monogram, should go over well enough. In some spots the writers went slightly overboard in melodrama, as in extricating the trio from difficult situa- tions, but aside from this the yarn is acceptable. It has all and more of what is required in action and generally moves along after the opening sequences at a good clip. Moreover, the names of Jones, McCoy and Hatton have marquee value. Others in the cast are Tristam Hatton, Charles King, Glen Strange, Dave O'Brien and Christine Mclntyre. Robert N. Bradbury directed and Scott R. Dunlap produced. The photography is good. Running time, 67 minutes. "G."* Eugene Arneel Rooney Voted Champion in Exhibitor Poll {Continued from page 1) the only star to be placed among the leading 10 in all 10 years of the poll. The leaders are determined by the combined vote of both independent and circuit exhibitors. Tabulating the vote separately, Gable was in first place among circuit exhibitors, fol- lowed by Rooney, Abbott & Costello, Hope, Tracy, Cooper, Miss Davis, Autry, Cagney and Miss Garland, in that order. Among independent exhibitors, Rooney was first, followed by Gable, Tracy, Abbott & Costello, Hope, Autry, Cooper, Cagney, Miss Davis and Miss Garland. Autry led the Western stars for the fifth consecutive year. He was first in the combined votes as well as the separate groupings by circuit and in- dependent exhibitors. The 10 top Western money making stars, with their respective percentages of pos- sible votes, were Autry, 67 ; Bill Boyd, 57 ; Roy Rogers, 39 ; Charles Starrett, 20; Smiley Burnette, 19; Tim Holt, 17 ; Johnny Mack Brown, 16; Three Mesquiteers, 15; Bill El- liott, 14, and Tex Ritter, 10. Significant in the voting was the comedy trend which placed Abbott & Costello and Hope in the third and fourth positions, respectively. The comedy team made their first appear- ance among the top 10 while Hope moved up from 18th position last year. The remaining eight are consistent money-makers, all having placed in former polls. Hope was in first place in the Motion Picture Daily-Foot? "Champion of Champions" radio poll. Executives Accept Unity Appointments {Continued from page 1) chairmanship of the committee on protection of the industry from out- side attacks, wrote Kirsch : "I want to take this opportunity of compli- menting you on the magnificent effort of your group, the smoothness of the procedure and the general approach to the problem which means so much to all of us and our industry." Schaefer also accepted appointments to the sub-committees on Articles 1 and 4 of the all-industry program. Spyros P. Skouras, in accepting the temporary chairmanship of the subcommittee on industry taxation, Article 1, wrote: "I am in hearty ac- cord with the plan of action adopted and believe that with the proper co- operation of the appointed commit- tees it will result in greater efficiency within the ranks of the industry as well as the promotion of its best in- terests without." •Leonard H. Goldenson, head of Paramount theatre operations, who was appointed to serve on subcom- mittees for Articles 1 and 4, wrote : "I think you gentlemen are on the right track . . . and I am ready to help in every respect." Harry M. Kalmine, Warners the- atre head, wrote that he would be "very happy to serve" on the subcom- mittee on taxation. *"G" denotes general classification. Service Today for Hall, Reel Pioneer {Continued from page 1) Indianapolis and Chicago. For many years he was with Hearst's Interna- tional News Service in Chicago. When Edgar B. Hatrick organized the Hearst-Selig Weekly, newsreel to compete with Pathe Weekly, Hall was named editor. The connection con- tinued into the World War period. Hall subsequently was named editor of Screen Telegram, wartime news- reel organized by Terry Ramsaye for the Mutual Film Corp., and in turn with Capt. G. McLeod Baynes, Charles Urban and Ramsaye, the newsreel known as "Kinograms." Later Hall was editor of "Fox Vari- eties," and then went to Pathe News as editor, succeeding Emanuel Cohen, who went to Paramount News. In association with Marvin Mcln- tyre, Washington representative of Pathe News, Hall had much to do with the screen appearances of Gov. Franklin D. Roosevelt of New York. Patron Protection Planned in Capitol {Continued from page 1) of theatre employees to take care of theatre audiences in time of air raids and blackouts. The auditoriums of the theatres themselves are the safest place besides one's home or air raid shelter," he said. Payette asserted that a certain num- ber of theatre personnel will be given courses in civilian defense training and they, in turn, will impart their knowl- edge to other members of their re- spective organizations. Form Louisville Firm Louisville, Ky., Dec. 25. — Scoop Louisville Theatre, Inc., Louisville, capitalized at $24,000, has been granted a charter to operate theatres and other amusement places and conduct a thea- trical booking agency. Incorporators were Betty Myers, Isidor Block and Jacob Lichtenstein, all of New York. Loew's Sues Operators On Trust Charge (Continued from page 1) 306 members in all its 65 houses, its home office and exchange, that em- ployes in the shipping, poster and inJ spection department are members olj Film Exchange Employes Union, Local B-51 of the IATSE, and em- ployes in the developing department are members of Local 702, IATSE. Local B-51 men are under a contract which expired Nov. 30 but are con- tinuing to work under the same terms. Contract Expired On Aug. 31, 1940, the complaint continues, the contract between 306 and Loew's expired. On Dec. 11 of this year, during negotiations for re- newal of the contract, the complaint states, Loew's received a letter from the union demanding the fulfillment of three conditions as a prerequisite to a new contract. These demands al- legedly were that Loew's supply films only to exhibitors that employ 306 men ; that 306 men be not required to handle films not transported by IATSE members, and that films be delivered by IATSE members only. Loew's ships films through express, parcel post and common carriers. Must Comply The complaint further states that the union declared that Loew's must comply immediately with these de- mands or a strike would be called at once in the home office, the New York exchange, Loew's metropolitan thea- tres, the Culver City studios, and that Local B-51 would join the strike. All major companies will face sim- ilar demands, according to advice re- ceived by Loew's from the IA and 306 officials, the complaint states. Loew's points out that there are 300 independent theatres in New York serviced by it, of which about 20 per cent do not employ 306 men. If Loew's is prevented from servicing these independents, it is claimed, the company will lose $400,000 in the cur- rent season. In addition, a closing of the 65 Loew houses will mean a loss of revenue totalling $400,000 weekly, it is alleged. Loew's also asked for a declaratory judgment stating that the demands are illegal, in restraint of trade, that such contract would violate the consent de- cree and would require Loew's to in- terfere with the internal management of independent exhibitors. Nine Circuit Deals Are Closed by PRC Nine circuit deals for 1941-M2 product have been closed recently by Producers Releasing Corp., Arthur Greenblatt, general sales manager, an- nounced. The deals include Interstate Circuit, Texas Consolidated Theatres and Jef- ferson Amusement Co., Dallas ; Inter- mountain Theatres, Salt Lake City; Epstein Circuit, Omaha ; Fred Cole- man Circuit, Atlanta ; Affiliated Thea- tres, Philadelphia, and Van Nomikos Circuit, Chicago. New York first run for P.R.C.'s "Swamp Woman" has been set for the Central Theatre, starting today. # WW MS "Hi Mi 0 mm 0 x M mis ft Miii If* 5> -» off it* SI ill % Kay and his gang in a comedy heat-wave . . . kidding the tights off Shakespeare and beat- ing the laughs out eight to the bar! . . .The Old Professor's in the groove . . . Ginny's on the beat . . . John 's on the lam, and tape's on the loop for the tops in fun for '42 and the market's biggest money chance for you! ★ with E - LUPE VELEZ Y SIMMS-MAY MUM-NOT KELLY PETER LIND HAYES and KAY KYSER'S BAND featuring Harry Babbitt • Ish Kabibble • Sully Mason Screen Play by James V. Kern * M A ■ J * f M Si 5 TOP TUNES NOW SWEEPING THE AIRWAVES: "Humpty - Dumpty Heart' "How Long Did I Dream?' "Thank Your Lucky Stars and Stripes" • "Romeo Smith and Juliet Jones' "Que Chica" I riday. December 26. 194 1 Motion Picture Daily 7 Short Subject Reviews Montreal Swindle Montreal, Dec. 25 SOMETHING new and in- &3 genious in the way of de- ceiving theatre cashiers oc- curred at the Rose mount Theatre here during a rush period the other day. A middle-aged man wearing dark glasses approached the window hurriedly, thrust a $10 bill across the counter, and received a ticket and $9.25 in change. When the cash was counted, it was discovered that the man had split a $10 bill and a dollar bill, pasting the front of the dollar bill to the back of the $10 bill. Foxes' at $11,800 Big in Milw aukee Milwaukee, Dec. 25. — "The Little Foxes" and "Parachute Battalion" took $11,800 at the Warner. The combination of the "Folies Bergere" on the stage and the film "South of Tahiti" drew $12,100 at the River- side. Estimated receipts for the week ending Dec. 17-18 : 'Swamp Water" (2Gth-Fox) "Three Girls About Town" (Col.) PALACE— (2,400) (44c-55c) 7 days. Gross: •4.000 (Average, $4,000) "Shadow of the Thin Man" (M-G-M) -Rise and Shine" (20th-Fox) STRA.\"I>— (1.400) (44c-65c) 7 days. Gross: 51.500 (Average, $1,500). 'H. M. Pulham, Esq." (M-G-M) "Tarzan's Secret Treasure" (M-G-M) WISCONSIN-(3.200) (44c-55c) 7 davs. P Gross: $5,500. (Average, $5,500) "South of Tahiti" (Univ.) RIVERSIDE— (2,700) (33c-44c-55c) 7 days. Stage: "Folies Bergere." Gross: $12,100 (Average, $6,500) "The Little Foxes" (RKO) "Parachute Battalion" (RKO) WARNER— (2.400) (33c-44c-55c) 7 davs. Gross: $11,800. (Average, $4,500) 'Convoy9 and McCoy Kansas City Leader Kansas City, Dec. 25. — In a week of generally slow business, "Burma Convoy" and Clyde McCoy and his orchestra on the stage of the Tower drew $8,000. "AppcinmKnt for Love" (Univ.) ESQUIRE— (800) (30c-44c) 7 days. Gross: $1,900. (Average, $2,200) "The Men in Her Life" (Col.) "Secrets of the Lcne Wolf" (Col.) MIDLAXD-(3,000) (30c-44c) 7 days. Cross: $6,000. (Average, $8,500) •'Skylark" (Para ) "The Night of January 16" (Para.) NEW.\M.\'-(1 «UI v30--44c) 6 days. 2nd week. Gross: $6,000. (Average: 7 days, S7.000) "My Life With Caroline" (RKO) "Underground" (W. B.) ORPHEUM— (1,900) (30c-44c) 6 days. Gross: $3,500. (Average, 7 days: $5,000) "Burma Convoy" (Univ.) TOWER — (2,200) (30c-44c) 7 days. Stage: Clyde McCoy and Sugar Blues Orchestra. Gross: $8,000. (Average: $6,000) "A •-itTti-nt frr Love" (Univ.) UPTOWN — (2,000) (30c-44c) 7 days. Gross: $3,500. (Average: $4,000) "Fcrced Landing" (Para.) MAIXSTREET— (3.500) (28c-44c) 7 days. Stage: "Evervthing Goes" — Loie Bridge. Gross: $5,000. I Chicago Clearance Case Off to Jan. 16 Chicago, Dec. 25. — The clearance case of the Annetta Theatre, Cicero, scheduled for hearing; at the local arbitration board Dec. 30, has been postponed to Jan. 16. A postponement of the Don The- atre's clearance case from Dec. 29 to Jan. 6 also was agreed upon. "Information, Please, No. 3" (RKO-Pathc) The experts gather once more to answer the questions propounded by Clifton Fadiman. the interlocutor. In addition to the regulars, John Kieran, Franklin P. Adams and Oscar Levant, Cornelia Otis Skinner is present as guest. There is the usual wide variety of questions and high quality of the quips. As good as ever. Running time, 11 mins. Release, Dec. 12, 1941. "A Quiet Fourth" (Edgar Kennedy Comedies) (RKO) Edgar Kennedy sets out to cele- brate a quiet Fourth of July holiday but things get very complicated be- fore the day is over. Two of the neighbor's children join him on the picnic and pester him with fire crackers. Later, Kennedy chooses as picnic grounds the area which the Army has closed off for practise artillery' fii'e. He thinks the explo- sions are fire works until some of the shells drop nearby. Running time, 15 mins. Release, Dec. 19, 1941. "Crystal Flyers" (Sportoscope) (RKO-Pathe) A Swedish ski patrol demonstrates the fundamental techniques of skiing. With excellent photography and and unusual approach, this skiing reel should hold interest. The demon- stration is designed to teach the method of travelling cross-country over the snow, rather than the cus- tomary instruction of sportsmen. Running time, 8 mins. Release, Nov. 8, 1941. "Stars Day Off" (Picture People) (RKO-Pathe) The fans will enjoy seeing their lavorites in informal costumes and enjoying themselves. On her day off, Joan Carroll learns to skate from Jack Hamory. Shirley Ross, Frances Lang- ford, Felix Mills and Jon Hall go sailing. Joan Woodbury, Marian Marsh, Henry Wilcoxson and Eddie Morris spend their spare time sailing toy boats. Running time, 8 mins. Re- lease, Dec. 5, 1941. "Chef Donald" (Disney-RKO) Donald Duck bakes some waffles in accordance with instructions received by radio. He makes one error — put- ting rubber cement in the batter in- stead of baking powder. Donald is funny and there are lots of laughs. Running time, 7 mins. Release, Dec. 5, 1941. "Monsters of the Deep" ( Broadway Brevities ) ( Warners) The noted fisherman, Michael Ler- ner, goes angling for deep water fish off the coasts of Chile and Peru. Al- though somewhat long for this type of reel there are plenty of exciting mo- ments, particularly when a giant broadbill swordfish is landed. In- cluded, too, are under-water shots of a battle between an octopus and a shark. Running time, 20 mins. Re- lease, Dec. 13, 1941. "Strange Testament" (Passing Parade) (M-G-M) This story of the French immigrant, who became one of New Orleans' wealthiest merchants and landowners, and who provided in his will for gifts to be made to impoverished brides of the West Baton Rouge Parish because of his 50-year memory of an unful- filled romance with such a girl, is an unusual and highly interesting subject. Its natural drama and the skillful manner in which it is told here makes it a substantial contribution to any program. Running time, 11 mins. Release, Nov. 15, 1941. 'Carl Hoff and Orchestra' (Melody Masters) (11 (inters) Carl Hoff's band offers five musical numbers, including "I Could Use a Dream," "Blue Danube," "Dark Eyes," "I Knew That You" and "W hen Yuba Plays the Rhumba on the Tuba." There are some solo con- tributions from members of the band. The setting is the usual bandstand, but lighting and camera angles make for variety. Tuneful. Running time, 10 mins. Release, Jan. 3, 1942. "The Brave Little Bat" ( Merrie Melodies ) (Schlcsingcr-Warners) An altogether engaging character, a little bat who delivers all his sen- tences in one breath, is introduced in this color cartoon. Sniffles, the mouse, encounters the bat while seeking shel- ter from a storm. Very good, indeed. Running time, 7 mins. Release, Sept. 27, 1941. Providence Gross Lowest in Months Providence, Dec. 25. — War jitters plus the usual pre-Christmas slump were responsible for the worst busi- ness this town has seen in months. Estimated receipts for the week ending Dec. 17-18 : •Blues in the Night" (W. B.) "The Smiling Ghost' (W. B.) RKO -ALBEE— (2,239) (28c-39c-50c) 7 days. Gross: $6,000. (Average. $6,000) "The Men in Her Life" (Col.) "All American Co-Ed" (U.A.) LOEW'S STATE— (3,232) (28c-39c-50c) 7 days. Gross: $7,000. (Average. $11,000) "The Maltese Falcon" (W. B.) "Small Town Deb" (ZGth-Fox) .MAJESTIC— (2,250) (28c-39c-50c) 7 days. Gross: $6,100. (Average. $7,000) "The Night cf January 16th (Para.) "Wcrld Premiere" (Para.) STRAND— (2,200) (28c -39c -50c) 7 davs. Gross: $4,000. (Average. $6,000) "Swing It Soldier" (Univ.) FAY'S — (1.800) (20c-33c-44c) 7 davs. Stage show. Gross: $5,200. (Average, $5,000) "The Great Swindle" (Cel.) METROPOLITAN— (3.045) (30c-39c-55c- 75c) 3 days. Stage show. Gross: $5,800. (Av- erage. $5,000) "H. M. Pulham, Esq." (M-G-M) "Sing For Your Supper" (Cel.) CARLTON— (1,526) (2Sc-39c-50c) 7 davs, 2nd week. Gross: $2,400. (Average. $3,500) "Nothing But the Truth" (Para.) (3 days) "Ladies in Retirement" (Col.) "The Little Foxes" (RKO) (4 days) "Three Girls About Town" (Col.) EMPIRE— (1,200) (20c-28c) 2nd run. Gross: $1,500. (Average, $1,800) Buys Des Moines House Des Moines, Dec. 25. — John Love- ridge of Chicago, veteran theatre man, has bought the Casino Theatre here from Abe Frankle. 'Glamour' and Show $18,000, Philadelphia Philadelphia, Dec. 25. — Combin- ation of war and Christmas shopping held the boxoffice down. At the Earle, "Glamour Boy" and a Holly- wood revue on the stage drew $18,000. Estimated receipts for the week ended Dec. 16-19 : "All That Money Can Buy" (RKO) ALD1NE— (1,400) (35c-41c-46c-57c-68c) 7 days. Gross: $7,500. (Average, $9,000) "New York Town" (Para.) ARCADIA— (600) (35c-46c-57e) 4 days, 2nd run. Gross: $1,100. (Average. $2,600) "Shadow of the Thin Man" (M-G-M) BOYD — (2,400) (35c-41c-46c-57c-6Sc) 7 days. Gross: $12,000. (Average, $13,000) "Glamour Bey" (Para.) EARLE— (4,000) (35c-41c-46c-57c-68c) 7 days. Vaudeville including Phil Regan, June Preisser, Peter Lind Hayes, Mary Healy, Anne Nagel, Barbara Pepper, Dick Baldwin, Charles Stuart & Dick Taylor and the Three Kim Loo Sisters. Gross: $18,000. (Average, $14,000) "Flying Cadets" (Univ.) FAY'S— (2,190) (15c-29c-35c-46c-57c) 7 days. Vaudeville including Reggie White. The Watson Sisters, Stanley Brothers, Jane Rydal & Roy Mare, Bobby Baxter. Gae Foster's Roxyettes and Billy Klaiss' orchestra. Gross: $6,200. (Average, $6,900) "Rise and Shine" (20th-Fox) FON— (3,000) (35c-41c-46c-57c-68c) 7 days. Gross: $10,000. (Average. $13,000) "They Died With Their Boots On" (W.B.) KARLTON— (1,000) (35c-41c-46c-57c-68c) 7 days, 2nd run. Gross: $5,000. (Average, $3,000) "Sergeant York" (W.B.) KEITH'S— (2,200) (46c-57c-75c) 6 days, 3rd week. 2nd run. Gross: $5,000. (Aver- age. $4,500) "Keep 'Em Flying" (Univ.) STANLEY— (2,700) (35c-41-46c-57c-68c) 7 days, 2nd week. Gross: $11,000. (Average. $14,000) "Swamp Water" (20th-Fox) STANTON— (1,700) (35c-46c-57c) 7 days. 2nd week. Gross: $7,000. (Average, $4,500) "Sundown" Beats Slump in St. Louis St. Louis, Dec. 25. — "Sundown" was the only film to overcome the war jitters, grossing $14,000 at Loew's. Estimated receipts for week ending Dec. 18: "Sundown" (U. A.) "Niagara Falls" (U. A.) LOEW'S — (3,162) (28c-40c-44c-56c) 7 days. Gross: $14,000. (Average, $13,000) "Little Foxes" (RKO) "Melody Lane" (Univ.) AMBASSADOR — (3,154) (30c-40c-50c) 7 days, 2nd week for "Foxes." Gross: $5,500. (Average, $11,500). "Confirm cr Deny" "New York Town" (Para.) FOX— (5,038) (30c-40c-50c) 7 days. Gross: $9,800. (Average, $11,000). "Keep 'Em Flying" (Univ.) "Look Who's Laughing" (RKO) MISSOURI— (3,514) (30c-40c-50c) 7 days. Gross: $3,700. (Average, $4,000). "Swamp Water" (20th-Fox) ""Great Guns" ST. LOUIS — (4,000) (25c-35c) 7 days. Gross: $3,300. (Average, $2,600) Indianapolis Club Has Child's Party Indianapolis, Dec. 25. — The In- dianapolis Variety Club and the local Paramount exchange joined in enter- taining under-privileged children of the city at a Christmas party at the Indiana Theatre, a feature of which was the showing of "Mr. Bug Goes to Town." The entertainment was in addition to an indoor circus at B. F. Keith's Theatre staged by Indianapolis Tent No. 10 for children earlier. GO « W The Body Disappears (C) 111 Lynn-Wyman (1941-42) Steel Against the Sky (D) 112 Alexis Smith (1941-42) You're in the Army Now (C) 113 Jimmy Durante (1941-42) They Died With Their Boots On (D) 114 Errol Flynn (1941-42) All Through the Night (D) 116 Bogart-Veidt (1941-42) The Man Who Came to Dinner (C) 117 (1941-42) Wild Bill Hickok Rides (O) 118 Bennett-Cabot (1941-42) Keep 'Em Flying (C) 6001 Abbott-Costello (1941-42) Sealed Lips (D) 6038 William Gargan (1941-42) The Wolf Man (D) Claude Rains (1941-42) Melody Lane (C) Road Agent (D) (1941-42) Hellzapoppin* (C) Olsen-J ohnson (1941-42) Don't Get Personal (C) Hugh Herbert (1941-42) Jail House Blues (C) Robert Paige (1941-42) Paris Calling (D) Randolph Scott . (1941-42) North to the Klondike (D) Brod. Crawford (1941-42) Treat 'Em Rough (C) Eddie Albert (1941-42) h3 < CO Ph > Z 6 § O >— > « 9 S n « i I s w J) Ol u^t - V"1 W fa ^ o e o ~ o ffl u 13 CL — ' P 3*i •s I* a 3 x. "SP^fc •2P C3 on S gP §2 oo trj CM spll c >> a a X> o *4H £ 5S Ol ctf ,p 2 is g J3 hj > u «+■! • ll M CM 00 t; cm .<2 «CM-§ g /■>» O N g * C ^ a w qj rt p. <1> CM ^> 2p"? CM &h -.Si * P | „2 e w S a^ o K'ii (Tt ^cm?« * spy it 2 3 o O *~> o I— t Q < K O M Mexican Spitfire's Baby (C) 210 Errol- Velez (1941-42) Dude Cowboy (O) 282 Weekend for Three (C) 211 (1941-42) Playmates (C) 212 Kay Kyser Band J. Barrymore (1941-42) A Date With the Falcon (D) 213 (1941-42) Four Jacks and a Jill (C) 214 Ray Bolger (1941-42) Obliging Young Lady (C) 215 Joan Carroll (1941-42) 1 1 Tuxedo Junction (D) The Weavers Frankie Darro (1941-42) Red River Valley (O) 152 Roy Rogers (1941-42) West of Cimarron (O) 163 3 Mesquiteers (1941-42) Mr. District Attorney in the Carter Case (D) (1941-42) Arizona Terrors (O) 174 Don Barry (1941-42) Lady for a Night (D) Blondell-W ayne (1941-42) Man From Cheyenne (Ol Roy Rogers (1941-42) Pardon My Stripes (D) William Henry (1941-42) Cowboy Serenade (O) Code of the Outlaw (O) (1941-42) A Tragedy at Midnight (D) Lindsay- Howard (1941-42) Swamp Woman 230 (D) Ann Corio (1941-42) Billy the Kid's Round-Up (O) 258 (1941-42) Law of the Timber (O) 215 Monte Blue (1941-42) Blonde Comet (D) 116 Robert Kent (1940-41) Texas Man Hunt (O) 251 Bill Boyd (1941-42) Lone Rider and Bandit (O) 263 George Houston (1941-42) Duke of the Navy (D) 206 Ralph Byrd (1941-42) Today I Hang (D) 214 Mona Barrie (1941-42) Broadway Big Shot (D) Ralph Byrd (1941-42) o ffl m o Ph < < Ph o 2 ns P (in Glamour Boy (C) 4110 Jackie Cooper (1941-42) Among the Living (D) 4108 Albert Dekker (1941-42) Louisiana Purchase (M) Hope-Zorina (1941-42) Borrowed Hero (D) Lone Star Law Men (O) (1941-42) Riot Squad (D) R. Cromwell (1941-42) Road to Happiness (D) John Boles (1941-42) Forbidden Trails (O) Rough Riders (1941-42) Freckles Comes Home (D) Johnny Downs (1941-42) Thunder River Feud (O) Here Come the Marines (D) (1941-42) Snuffy Smith, the Yard Bird (C) Edgar Kennedy (1941-42) Man From Headquarters (D) F. Albertson (1941-42) Below the Border (O) Rough Riders (1941-42) Law of the Jungle (D) Manton Moreland (1941-42) Frontier Law (O) Tom Keene (1941-42) o o C-to a n n p t-i w G> « CM Design for Scandal (C) 213 Rosalind Russell Walt. Pidgeon Tarzan's Secret Treasure (D) 214 /. Weissmuller M. O'Sullivan Babes On Broadway (M) 216 Rooney-Garland Dr. Kildare's Victory (D) 217 Lew Ayres Johnny Eager (D) 218 Taylor-Turner Mr. and Mrs. North (C) 219 Grade Allen The Bugle Sounds (C) 220 Berry-Main Harvard, Here I Come (C) Riders of the Badlands (O) (1941-42) Bedtime Story (C) Fredric March Loretta Young (1941-42) Confessions of Boston Blackie (D) Chester Morris (1941-42) Blondie Goes to College (C) Singleton-Lake (1940-41) Cadets On Parade (D) F. Bartholomew (1941-42) Close Call for Ellery Queen William Gargan (1941-42) Man Who Returned to Life (D) John Howard (1941-42) £ o\ § « »-4 S vo C O ^"4 ♦ O u c a 3 /-v o *■> Great Christmas Stage Show 1st Mezzanine Seats Reserved. Circle 6-4600 Personal Mention BING MARY CROSBY MARTIN in Paramount's "BIRTH OF THE BLUES" PARAMOUR IN PERSON ORRIN TUCKER and Band featuring WEE BONNIE BAKER JT TIMES " 1 SQUARE "Remember the Day" Claudette Colbert John Payne PLUS A BIG Drt W 7th Ave. STAGE SHOW Kw^V I & 50th St. AT LAST IT'S ON THE SCREEN "HELLZaPOPPIN" OLSEN &. JOHNSON * MARTHA RAYE UNITED DIUAI I BROADWAY ARTISTS I* I ▼ W l» I & 49th ST. MIDNIGHT SHOW. DOORS OPEN 9:30 A.M. PALACE B'WAY & 47th St. Starts Tomorrow "HOW GREEN WAS MY VALLEY" WALTER PIDGEON MAUREEN O'HARA DAN O'SHEA, vice-president and general counsel for David O. Selznick Productions, is expected here today from the Coast. • Earl Wright, 20th Century-Fox; Peter De Fazio, Warners ; Henry Germaine, Paramount, and William Canelli, RKO, are among the sales- men of New Haven exchanges now- on vacation. • Alfred Lohman, auditor and of- fice manager for H. J. Griffiths The- atres at Kansas City, is the father of twin girls, born Christmas Day. • Carter Barron, Loew's zone man- ager in Washington, has been ap- pointed a captain in the city's auxili- ary police force by Police Superin- tendent Edward J. Kelly. • Ruth Hermann is secretary to Les Kaufman, Fanchon & Marco advertising head in St. Louis, replac- ing Shirley Smith, who is leaving to be married. LOUIS PHILLIPS, Paramount home office attorney, will leave for St. Paul at the end of the week for the resumption of the Minnesota anti-block-of-five law trial. • George Weltner, Paramount as- sistant foreign manager, will return from an extended South American business trip by plane in two weeks. • Steve Pallos, Alexander Korda's Eastern representative, plans to leave for South America at the end of the week on a six-week business trip. • Nate Goldstein, head of West- ern Massachusetts Theatres, is in New York. • Leon Schlesinger, cartoon pro- ducer for Warners, has arrived here from the Coast to spend two weeks. • Reginald Armour, studio assistant to George J. Schaefer, RKO presi- dent, will arrive from the Coast by train on Thursday. Coast Flashes Hollywood, Dec. 29 LIEUTENANT-Colonel Darryl F. Zanuck will leave for Washing- ton by plane on Thursday to confer with War Department and Army of- ficials on the production of Army training and civilian defense films by the Research Council of the Academy of M. P. Arts & Sciences. 306 Wins Award in J. J. Circuit Dispute Operators Union, Local 306, yes- terday won an award from Harry C. Kane, arbitrator appointed by N. Y. Supreme Court Justice Ferdinand Pecora, in a dispute with the J. J. Circuit operated by Julius Joelson, the union announced yesterday. According to the union, Joelson ac- quired the Consolidated circuit of 18 houses, employing about 100 projec- tionists,, seven months ago and shortly thereafter sought a reduction of $35,- 000 in the annual operators' payroll of approximately $200,000. Arbitration was resorted to under the terms of the basic contract with the union. Kane ruled that Joelson must continue to pay the scale set for Consolidated and, in addition, must grant the five per cent increase provided this Fall under the N. Y. ITOA agreement, the union said. Loew-Poli Men Are Promoted by Shaw New Haven, Dec. 29. — Harry F. Shaw, Loew-Poli division manager, has announced the promotion of Her- bert Coleman, former student assist- ant at the Loew-Poli Theatre here to assistant at the Bijou, replacing Michael Piccerello, who is the new assistant at the Loew-Poli, Spring- field. Boyd Sparrow, formerly at the Springfield house, has been trans- ferred to assistant at Loew's Aldine, Wilmington, Del. Herbert Alpert, former student at the Bijou, has been promoted to assistant at the Lyric, Bridgeport. 'Vanishing Virginian' Premiere Set Jan. 23 M-G-M has set the world pre- miere of "The Vanishing Virginian" for Jan. 23 at the Paramount, Lynch- burg, Va. The film is based on the biography by Rebecca Yancey Williams of her father, Captain Robert Yan- cey. Frank • Morgan portrays Cap- tain Yancey and Kathryn Grayson and Spring Byington are featured. Frank Borzage directed and Edwin Knopf produced. Merger of 20th-Fox Actions Is Sought Application by 20th Century-Fox Film Corp. filed yesterday in the N. Y. Supreme Court to consolidate all stockholder actions pending against it as a result of the alleged extortion payments to William Bioff and George E. Browne disclosed that a total of seven suits are now pending against the company. Twentieth Century-Fox will ask Justice Charles B. McLaughlin on Jan. 5 to stay the filing of any fur- ther suits, and to appoint a general counsel to represent all the plaintiffs in the action. Suits ask for an ac- counting by officials of the company, claiming that the payments were im- proper. SOPEG Hears Civil Defense Speakers The role of the civilian worker in America's war effort and in national unity was described to members of the Screen Office & Professional Em- ployes Guild, Local 109, by A. C. Cohen of the Office of Civilian . De- fense, and Frederick Myers, C.I.O. industrial counsellor, at a meeting last night at Fraternal Clubhouse. Theodore Rosen, chairman of the SOPEG defense committee, reported that the organization has reached its $500 defense fund quota. Films show- ing civilian defense activities were screened at the meeting. Fire Razes House Atlanta, Dec. 29. — The Tenth Street Theatre here was gutted by fire last week. Four firemen were injured, but all patrons escaped un- injured. At the same time, John R. Evins, 69, manager of the house, was buried. He had died the day before. Named Club Delegates Minneapolis, Dec. 29. — William Elson and Joseph Podoloff have been named by the Variety club of the Twin Cities as delegates to the na- tional convention. Alternates are Maitland Frosch and A. A. Kaplan. James A. Fitzpatrick left for WJ ington today to confer with J. Whitney, head of the film division of Inter-American Relations Commis- sion, on a proposed series of travel- ogues to be made in Pan-American countries and which would be distrib- uted by M-G-M. • William P. Weaver, Hollywood editor of Quigley Publications, has been named to the public relations committee of the Theatre Defense Bureau formed by Mayor Fletcher Bowron, as a division of the Los An- geles Defense Council. • "American Cavalcade," a history of America from Pilgrim days to the present, was set by M-G-M today as the next starring vehicle for Spencer Tracy and Katharine Hepburn. Sid- ney Franklin will produce. • Universal has borrowed George Raft from Warners for the starring role in a modernized version of "Broad- way," which was made by the com- pany first about 12 years ago. Bruce Manning will produce and do the script with Felix Jackson. Frank Shaw will be associate producer and William Seiter will direct. Coast L T. O. Favors War Rentals Relief Los Angeles, Dec. 29. — Relaxation of film rentals and playing terms for exhibitors in areas where blackouts and other war developments have af- fected patronage adversely was dis- cussed by the Independent Theatre Owners of Southern California and Arizona at a meeting here today. Fire department officials addressed the meeting and instructed the theatre owners in precautionary measures. The local area has been divided into 10 zones for purposes of preparedness. Robert H. Poole, executive secretary of the organization, presided. 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 Picture Almanac and Fame. En- tered as second class matter, Sept. 23. 1938 at the post office at New York, N. Y., under the act of March 3, 1879. Subscrip- tion rates per year $6 in the Americas and $12 foreign. Single copies 10c. SOME AND GET IT FROM WARNERS! 4 MOTION PICTURE DAILY Tuesday, December 30, 1941 Hellzapoppin' On BVay as Grosses Soar (Continued from page 1) "Big" is the word for the Main Stem's box-office. "Remember the Day," "H. M. Pul- ham, Esq.," "Hellzapoppin'," "The Shanghai Gesture," "Birth of the Blues," "Sundown," "Unholy Part- ners," "You're in the Army Now," "Tarzan's Secret Treasure" and "The Wolf Man" are pictures which are current on Broadway, and all are doing mighty well. And — the mightiest grosser for this week is "Remember the Day," which with the usual Roxy Theatre's stage show, is running full speed into a new house record of about $100,000, since this theatre embarked on its present presentation policy. The picture will shatter the mark set by "Alexander's Ragtime Band" last year. Among the festive occasions tomor- row, will be the opening of "Louisiana Purchase," at the Paramount The- atre. This picture will follow an un- usually healthy grosser, "Birth of the Blues," which even on its third week will have garnered an unusually ex- cellent figure of $46,000, according to present estimates. Accompanying this film, on the stage, is Orrin Tucker's band. "Louisiana Purchase" will share the program at the Paramount Thea- tre with Gene Krupa's band on the stage. Another festive moment to come tomorrow will be the opening of M-G-M's "Babes on Broadway," at Radio City Music Hall. Broadway's houses are opening at 9 o'clock in the morning these days to accommodate the increased patronage. "Hellzapoppin'," that Olsen and Johnson madcap musical is attracting excellent patronage at the Rivoli, where it is estimated the film will close its first week with a great $34,000. 'Gesture' Is Strong But — believe it or not (and the critics must bite the dust) among this week's Broadway champions is "The Shanghai Gesture," which is doing as great a business at the Astor The- atre as any film which has played there. Just capacity — that's all ! It's been S.R.O. since opening. By pres- ent ratings this means fully $22,000. "H. M. Pulham Esq.," M-G-M's picture at the Radio City Music Hall, accompanied on the stage by the tradi- tional Christmas show of this theatre will do conservatively, it is estimated, about $100,000 this week. That's as big as big can be. It's Christmas vacation for the kid- dies and they are coming in droves with the relatives and friends eager to get in almost any theatre, but many of them show a discriminating taste, the managers state. Good weather has prevailed, too, which has aided the box-office immeasurably — but chiefly, it's been good pictures. "You're in the Army Now," at Warners' Strand, with Will Osborne's band on the stage, has grossed an estimated $22,000 on the first four days, plenty good. JTomorrow, "The Man Who Came to Dinner," will fol- low, and Jimmy Dorsey's band will join the new program on the stage Thursday. At the Globe, "Unholy Partners," Clearance Award Affects Theatres In Oakland, Calif. (Continued from page 1) the Piedmont. Theatres involved in the case included those of West Coast Theatres, Transbay Theatres, Solano Theatre Corp., Oakland-Berkeley The- atres and Alameda County Theatres. The clearance complaint brought by Sol Winokur, operator of the Ritz, Watervliet, Mich., has been dismissed at the Detroit tribunal, the AAA was advised yesterday. The complaint named Loew's and Warners and the Heart Theatre, Hartford, Mich., and Loma, Coloma, Mich. Paul W. Voorhies, arbitrator, ruled that the clearance of seven to 15 days of the intervening theatres over the Ritz is reasonable. The houses are within a seven-mile radius of each other. Costs were divided among all of the parties. MPPDA Compiling List of Film Needs (Continued from page 1) ducers will give information regard- ing their consumption of various scarce materials, such as steel, cop- per, rubber and the like, in 1940 and 1941 and their anticipated needs for 1942. When all the information is in, A. Julian Brylawski, in charge of mo- tion picture priorities, will work with other branches of the OPM in set- ting up the quantities of materials which will be made available to the industry. Casey Due Today For Labor Parley (Continued from page 1) with cinematographers who are not members of the IATSE. Their fight is directed against the American Society of Cinematographers which has a contract covering first camermen at all major studios. The I A has jurisdiction over all others in camera departments and over cinema- tographers in independent studios and on locations. Representatives of all 10 IA studio locals are scheduled to leave for New York this weekend to participate in the negotiations here. the M-G-M picture starring Edward G. Robinson, got off to a walloping start with about $5,200 reported for Saturday and Sunday. This picture should do as much if not more for the remainder of the week, and that's a high-water mark. "Paris Calling" will open at the Globe Jan. 10. "Tarzan's Secret Treasure," at the Capitol grossed about $14,000 over the weekend, and at the Rialto, "The Wolf Man," is estimated to have grossed about $2,700, for the same period. There has been no information forthcoming from the armed services with regard to public protection plans over New Year's eve and the follow- ing day, but Police Commissioner Louis Valentine has let it be known that the city is taking no chances and will have the biggest detail of police, 2,100 men including their superior of- ficers, on duty in the Times Square area for the holiday, beginning tomor- row, besides air raid wardens through- out the city. Insurance Policies B & K Xmas Present Chicago, Dec. 29 — Christmas gifts in the form of insurance policies were presented to em- ployes of Balaban & Katz and the Great States circuit in Il- linois and Indiana. The gift marked the fourth annual re- newal of the insurance plan, the cost of which is borne en- tirely by the company. 'Love' and Stooges $17,000, Cleveland Cleveland, Dec. 29. — "Appoint- ment for Love" with the Three Stooges on the Palace stage earned $17,000. "Two-Faced Woman" grossed $6,500 here in its third week at the Stillman in a comparatively quiet week hurt by Christmas shopping. Estimated receipts for the week ending Dec. 18-19: "Keep 'Em Flying" (Univ.) ALLEN— (3,000) (33c-39c-47c) 7 days, 3rd week. Gross: $5,000. (Average, $4,000) "Week-End in Havana" (ZOth-Fox) WARNERS' HIPPODROME — (3,800) (33c-39c-47c) 7 days. Gross: $12,000. (Aver- age, $11,000) "It Started with Eve" (Univ.) WARNERS' LAKE— (900) (33c-39c-47c) 7 days, 2nd week. Gross: $2,000. (Average, $1,500) "Appointment for Love" (Univ.) RKO PALACE— (3,100) (40c-50c-55c) 7 days, Three Stooges, Carol Bruce on stage. Gross: $17,000. (Average, $15,000) "H. M. Pulham, Esq." (M-G-M) LOEW'S STATE— (3,500) (33c-39c-47c) 7 days. Gross: $10,500. (Average, $11,000) "Two-Faced Woman" (M-G-M) LOEW'S STILLMAN— (1,900) (33c-39c- 47c) 7 days, 3rd week. Gross: $6,500. (Average, $4,000) 'York' in Detroit Garners $28,000 Detroit, Dec. 29. — "Sergeant York" grossed $28,000 at the Michigan. The Fox reported $19?000 with "Swamp Water" and "Unexpected Uncle." Estimated receipts for the week ending Dec. 18: "You Belong To Me" (Col.) "Texas" (Col.) ADAMS— (1,600) (15c-39c-44c-55c) 7 days. Gross: $5,500. (Average, $5,500) "Sun Valley Serenade" (20th-Fox) "Whistling in the Dark" (M-G-M) FISHER— (2,700) (13c-39c-44c-55c) 7 days. Gross: $6,700. (Average, $7,000) "Swamp Water" (20th-Fox) "Unexpected Uncle" (RKO) FOX— (5,000) (20c-44c-55c-65c) 7 days. Gross: $19,000. (Average, $15,000) "Sergeant York" (W.B.) MICHIGAN— (4,000) (15c-39c-44c-55c-65c) 7 days. Gross.: $28,000. (Average, $12,000) "Shadow of the Thin Man" (M-G-M) "Shining Victory" (W.B.) UNITED ARTISTS— (2,800) (20c-39c-44c- 55c) 7 days, 2nd week. Gross: $8,500. (Average, $10,000) "Look Who's Laughing" (RKO) "Parachute Balltalion" (RKO) PALMS— (2,000) (20c-39c-44c-55c) 7 days. Gross: $7,000. (Average, $7,000) Speech of Churchill In Montreal House Montreal, Dec. 29. — Prime Minis- ter Winston Churchill's speech at a joint session of the Senate and House of Commons in Ottawa tomorrow afternoon will be heard by patrons at- tending the Newsreel Theatre here, from 3 to 3 :30 P. M. Special arrangements have been made for the speech to be reproduced directly from the screen of the theatre as it is received by radio pickup and transferred to the theatre sound sys- tem. War Effort to Occupy N.Y. Legislature (Continued from page 1) the defense formula, there is a general expectation that the blackout situation will impor*^ tantly concern places of publ^^ assembly, including theatres?^ Throughout the state, many ex- hibitors have offered their the- atres as emergency shelters. More stringent safety inspec- tion of places of public assem- bly may be in line. Heading the agenda of direct mo- tion picture legislation of a non-de- fense nature is consideration again • of a measure, certain to be intro- duced, it is thought there, to equal- ize the censorship fee on inspection of 16 mm. film. The 35 mm. film is of course subject to a levy of $3 per 1,000 feet on original film and $2 per 1,000 feet on prints, under the law of 1921 which set up the cen- sorship and review features. Since 16 mm. film requires more time for inspection, last year a bill was in- troduced to raise 16 mm. to a $6 per 1,000 feet fee for originals and $4 for prints. Designed as a revenue raiser for the state, the bill is understood to have the support of the State Edu- cation Department, under which film censorship operates. The bill was introduced too late last year for amendment. Introduction Likely Last year's bill was understood to have been modeled after the Mary- land law, but an amendment was needed to make it practicable here. With a year's additional study, its recommendation by the legislature as revenue for the state budget is quite likely. No action against the consent de- cree is anticipated, but the old omni- bus bill concerning chain stores and circuits may be reintroduced. The general feeling, however, is that little restrictive legislation will be consid- ered during the wartime emergency unless an imperative need for sup- plementary revenue arises. Legislation to straighten out the present restrictive penal law against radio and motion picture theatre stage appearances of children under 16 is expected to be reintroduced. Such a bill was passed by the 1941 legis- ture but vetoed by Governor Lehman. A new measure which meets the ob- jections raised in the executive re- jection is expected, as the present law is too stiff, educators say, adding that they are powerless to grant excep- tions. Abolition of fee-charging employ- ment agencies, always of interest to both motion picture and radio circles due to theatrical agencies, is expected to be proposed. For several years Governor Lehman has advocated re- strictions on billboard advertising near intersections and along scenic routes. This subject can conceivably be brought to a conclusion in 1942 if avenues for additional revenues are sought. The war has removed reasons for a change in the censorship to include newsreels, since enemy propaganda will no longer have any chance to get through in this form. The "Seig Im Westen" case is still in the courts. FLASH FROM MILWAUKEE! Here's the tip-off. In its first four days it's doing 243%, TOPPING EVERYTHING! 1942's ■ FIRST BLESSED EVENT! Mickey and Judy in "Babes on Broadway," their biggest show yet, is merrily launched with 400 New Year's engagements from Coast-to-Coast! Clear the calendar for your hold-over! MR. & MRS. LEO WILL KEEP 'EM ROLLING! SPENCE TRACY KATHARINE HEPBURN * AN of the More! More! More! "The Vanishing Virginian," the Surprise Triumph with Frank Morgan, Kathryn Grayson • Ann Sothern, Red Skelton in "Panama Hattie" • Greer Garson, Walter Pidgeon in "Mrs. Miniver" • Eleanor Powell, Red Skelton in "Ship Ahoy" »Spencer Tracy, Hedy Lamarr, John Garfield in "Tortilla Flat"»Mickey Rooney, Lewis Stone and all the folks in ' 'The Courtship of Andy Hardy. ' ' And More ! More ! More ! 6 Motion Picture Daily Tuesday, December 30, 1941 Headlines Record the Motion Picture Year January Jan. 2. — Key cities report biggest ISlew Year's theatre business since 1929. Indus- try faces new legislation and taxation problems as Congress and 43 state legis- latures prepare to convene. Jan. 3. — Government denies intention of set- tling its Milwaukee anti-trust suit against Ascap, BMI and networks. England com- pletes 57 films in nine months. Jan. 6. — A bill to prohibit block booking and blind buying is introduced in House. Court dismisses five consenting companies from Government's Nashville anti-trust suit. 2,500 theatres enroll in industry committee cooperating for national defense. Jan. 7. — British ratify new monetary agree- ment permitting major distributors to withdraw $12,900,000 from England dur- ing year. Universal exercises right to buy preferred stock tendered by its stock- holders. Jan. 8. — Begin negotiations to eliminate net- works and BMI from Government anti- trust suit, leaving Ascap a defendant. New York legislature receives varity of bills affecting industry. Jan. 9. — RCA arranges for demonstration of of theatre television. New five-year con- tract for Will H. Hays in preparation. Jan. 10. — Barney Balaban urges Ampa members to "sell industry to the public." Internal Revenue Department reports sharp gain in collections from the ad- mission tax in 1940. Jan. 13. — Loew's reports 12 months' profit of $8,908,469. W. R. Hearst reported having asked RKG* to shelve "Citizen Kane." In- dustry arbitration boards scheduled to be opened at end of month. Jan. 14. — Senator Wheeler, isolationist chair- man of the Senate Interstate Commerce Committee, threatens industry with legis- lation to curb alleged "propaganda" in letter to Will H. Hays. Jan. 15. — Nelson Rockefeller and John Hay Whitney begin organization of industry to' aid in improving relations among the Americas. American Arbitration Associa- tion establishes fees for industry arbitra- tors. Jan. 16.— 20th Century-Fox's 1940 British business set new record, Francis Harley reports on arrival from London. News- reels and radio plan coverage for Presi- dential inaugural. Jan. 17. — Will H. Hays denies films "incite to war" in reply to Senator Wheeler. Department of Justice urges exhibitors to support the consent decree. Jan. 20. — BMI makes bid for exhibitor sup- port in its war with Ascap. Nazis reor- ganize Holland film trade. Warners report $1,276,316 profit for the first quarter. Jan. 21. — Little decree effect on circuit film buying foreseen. First clerks for local arbitration boards appointed. See possi- bility of reopening British monetary pact to negotiate more liberal remittances. Jan. 22. — Paramount's 1940 profit estimated at more than $7,300,000, best for company in 10 years. New Jersey Allied reelects officers. Jan. 23. — Paramount completes sales organi- zation changes to begin operations under consent decree. RKO schedules meeting of sales executives to discuss decree op- erations. Northwest Allied proposes anti- consent decree law for Minnesota. Jan. 24. — Ascap considers counter-campaign to BMI for exhibitor support in music war. Frank Capra forms own production company in affiliation with David Selz- nick. _ RKO to make no changes in sales organization for decree operations. .'an. 27. --Bill introduced in Congress to free American fims from copyright royalty payments in countries where American currency has been frozen. Jan. 28. — BMI accepts consent decree end- ing Federal anti-trust suit. Allied States Association board considers new legisla- tive program. Jan. 29.— Ascap resumes consent decree negotiations with Government. Joseph Bernhard, presiding at annual Quigley Awards, cites their showmanship value. Universal reports 12 months' profit of $2,390,722 for highest in years. 20th Cen- tury-Fox to make no changes in sales organization for decree operations. Jan. 30— MPTOA challenges Government views that exhibitors should support de- cree. Universal plans earliest annual sales convention for Feb. 8. William Frei- day resigns as Universal director. Jan. 31. — Few arbitration complaints in prospect as 31 local boards prepare to open. Montreal theatres prepare for first test "blackout." February Feb. 3. — Arbitration boards open in 31 cities; no complaints filed the first day. Allied States supports Government plea to exhibitors to "police" the decree. Feb. 4. — Personnel of industry's arbitration appeals board is completed. RKO ends war emergency salary cuts. Columbia, United Artists plan early sales conven- tions like Universal's because of exhibi- tor concern over decree sales system. Feb. 5. — B. G. De Sylva named executive producer at Paramount succeeding Wil- liam LeBaron. Government to file anti- trust suit against Ascap at Milwaukee. Feb. 6. — Universal to start new season sell- ing in few weeks. Government anti-trust suit against Ascap is filed. Feb. 7. — United Artists re-purchases Sam- uel Goldwyn's stock interest in the com- pany and releases him from its distribu- tion contract. Ascap board to discuss consent decree with Government. Uni- versal's new season schedule listed at 42 to 46 features. Joseph Bernhard advocates admission price increases. Feb. 10. — Washington arbitration board re- ceives first complaint from a Baltimore theatre. Paramount's 1940 earnings placed at $7,617,000, or nearly double the preced- ing year. Nominations made for Acad- emy's 1940 Awards. Feb. 11. — Ascap approves U. S. consent de- cree in principle. Universal opens "earli- est" sales convention. Feb. 13. — Loew's stockholders approve new five-year contract for Nicholas M. Schenck; all directors, officers reelected. Distribution of industry's first national defense subjects is begun. Feb. 14. — President Roosevelt will address Academy Awards dinner by radio from White House. Senator Wheeler renews attacks on alleged screen and radio prop- aganda for war. Washington arbitration board receives second complaint, only ones filed in first two weeks of operation of 31 boards. Feb. 17. — Charge Nazis seek control of films in Argentina. Deal for United Artists purchase of Samuel Goldwyn stock in- terest to be for cash. Feb. 18. — Government files amended com- plaint against Columbia, United Artists and Universal in New York anti-trust case. George J. Schaefer, RKO presi- dent, takes complete charge of studio; to appoint J. J. JNlolan his assistant. Feb. 19. — American Arbitration Association selects 440 to serve as arbitrators of in- dustry complaints; complete panels may reach 1,200. Government estimates 1939 theatre gross at $673,045,000. Feb. 20. — Ascap' accepts U. S. consent de- cree. New York arbitration board re- ceives its first complaint. Nazis exer- cise strict control of films in France. Feb. 21. — Northwest Allied's anti-block-of- five bill is introduced in Minnesota legis- lature. Herman Robbins, National Screen Service president, urges increased and im- proved theatre advertising to Ampa mem- bers. Feb. 24. — New Federal amusement taxes under consideration in Washington. Ascap designates new negotiating committee to reopen talks with networks. Feb. 25. — Republic announces new season production plans. Feb. 26. — Government and Schine Circuit end consent decree discussions in dis- agreement on expansion of circuit; decrees in Crescent and Griffith suits also un- likely. Atlas Corporation's annual report reveals ownership at end of year of 39 per cent of RKO1 common stock and 28 per cent of the preferred. Feb. 27. — Federal court dismisses anti- trust suit against major companies in Wisconsin. RCA report shows large holdings of RKO' preferred and common stocks. Julius Joelson to acquire Con- solidated Amusement circuit. Feb. 28. — Academy Award winners an- nounced. Walter Wanger suggests meth- ods of industry cooperation for national defense; will preside at annual Quigley Awards. March March 3. — First month of operation of in- dustry's arbitration system sees only 17 complaints filed in 10 of the 31 boards. N. L. Nathonson reported forming new Canadian circuit as his contract with Famous Players Canadian nears end. Method of dividing year's remittances from Britain is decided by arbitrator. March 4.— MPTOA sets national conven- tion for June 2. H. J. Yates urges Gov- ernment to give industry free hand in making defense films. March 5. — Universal management officials given seven-year contracts. Trem Carr resumes charge of Monogram production. Federal court approves Ascap consent de- cree. March 6.--NBC makes experiment in color television with live talent. Income tax trial of Joseph M. Schenck begins. March 7. — Temporary National Economic Committee issues report on industry con- sent decree. William F. Rodgers makes plea for industry unity in Ampa address. March 10. — Company purchases of plays for film material at new high. Test black- out at Seattle hurts grosses. Hal Roach plans production of four-reel featurettes. March 11. — Legion of Decency at Minneapo- lis said to approve state's anti-block-of- five bill. Blizzard and bus strike hurt New York grosses. March 12. — National Legion of Decency dis- avows support for Minnesota anti-block- of-five bill. Deal for purchase of Samuel Goldwyn's United Artists stock is closed. Orson Welles demands that RKO release "Citizen Kane." March 13. — Minnesota anti-block-of-five bill wins support of House committee as simi- lar measure is introduced in Georgia legislature. March 14. — Georgia House committee re- jects anti-block-of-five bill. Ascap and its officers are fined in Government suit in Wisconsin. March 17. — First arbitration award under industry's new system is made in favor of exhibitor at Boston. Julius Joelson takes over Consolidated Amusement En- terprises. Delaware resumes Sunday shows following 200-year ban. March 18. — RKO reported to have made de- cision to release "Citizen Kane." Uni- versal reelects all officers. March 19. — Universal completes arrange- ments for $6,000,000 of new financing. Quigley Awards made on Coast. Legion of Decency makes annual report on films. March 20. — Minnesota Senate committee ap- proves state anti-block-of-five bill. George J. Schaefer named to head coordinating committee for industry's national defense cooperation. March 21. — Chicago arbitrator dismisses first specific run complaint. First vote due on Georgia's anti-block-of-five bill. March 24. — Georgia house defeats anti- block-of-five bill. March 25. — Federal wages and hours ex- aminer begins studio labor hearings. In- dustry starts Greek Relief drive. March 26. — Major companies abandon plans for short wave broadcasts to South Amer- ica. March 27. — Y. Frank Freeman reports Paramount plans 38-40 features for new season. Herman Wobber announces 20th Century-Fox's new season plans. March 28. — United Artists schedules five district sales meetings. First appeal of an arbitration award is filed at Chicago. Screen Actors Guild forbids members to give free radio performances, following Jean Hersholt's criticism of Louella Par- sons' air show. March 31. — William F. Rodgers reveals M-G-M's new season sales and produc- tion plans. Block booking and theatre divorcement bills are introduced in Con- gress. Leonard Goldenson named Para- mount theatres head. New five-year con- tract for Will H. Hays ratified; board to reelect all officers. William Fox pleads guilty to Federal charges. April April 1. — Screen is vital to defense, Will Hays says in statement. MPTOA meet- ing is planned for the Coast in June. Ex- hibitor wins split decision on clearance. April 2. — Few arbitration cases filed in cir- cuit strongholds. Censorship planned only in wartime. Hollywood correspond- ents ask earlier previews. April 3. — Film men will see television on theatre screen. All arbitration panels are now complete. Talks on again to buy Fairbanks United Artists interest. April 4. — Selznick to be prominent on U. A. production roster. 53 features are sched- uled by Monogram. April 7. — Anti-five bill approved by House in Minnesota. British exhibitors alarmed by plans of Ministry of Information. Arbi- trators see powers restricted. Youngman RKO general counsel. April 8.— A. A. A. to study arbitration sys- tem for possible improvement. 370 theatres are closed in Great Britain. April 9.— U. A. advances 1941 -'42 sales sea- son to May. Over 9,000 houses support defense, Joseph Bernhard reports. Film groups fight Minnesota anti-five bill. April 10.— Cannot protect chance gany4W| U. S. court holds. Television's futurd)^^ seen in theatres. Briskin named produS^ tion chief at Columbia. April 11.— U. A. producers accept 1941-'42 selling setup. Theatre building booms on Coast with 30 unit in work. Pat Casey coming East on new studio pact talks. Army orders 36 theatres for 29 camps. April 14. — Schine offer for consent decree in trust case refused by U. S. Films' weekly charity gifts total $30,000. April 15. — Coast unions demand 30-hour week. Study begun on arbitration im- provement. Trade against joining copy- right pact. April 16. — U. A. program will include 16 to 20 features. Kent planning 20th Century- Fox meeting for Chicago. Schine asks new complaint in trust suit. April 17.— Report Nazis take over Paris offices of majors. Max Cohen asks MPTOA stand on Axis films. Joseph Schenck found guilty on two tax evasion counts, Joe Moskowitz on one. April 18.— RKO' planning new $9,500,000 financing. Hays refutes Wheeler charge films incite to war. RKO meeting set for New York June 16. April 21. — First cases in arbitration filed on Coast. NBC testing film records on tele- vision. Industry contributes to Greek relief. April 22. — Anti-five block bill passed by Minnesota Senate. Harold B. Franklin dies in Mexico City. U. S. protests Nazi grab of majors' Paris offices. April 23. — U. S. will seek tax base of 10 cents. Paramount profit estimated at $2,- 600,000 for first quarter. Report Thurman Arnold to seek veto of Minnesota bill. April 24.— Early buying rush fails to ma- terialize. Schine case trial not possible before September. U. A. realigns sales staff. April 25. — Joseph Breen resigns as head of Production Code Administration. J. J. O'Connor and Fred Meyers, ranking ex- ecutives, leave RKO Theatres. Schenck, Moskowitz sentenced. April 28.— N. L. Nathanson status up at Famous Players Canadian meeting. Tele- vision for theatres to cost $30,000. Para- mount nets $7,633,130 in 1940. April 29. — Governor Stassen signs Minne- sota anti-five bill. Majors study plan of action in state. Admission tax rise ap- proval is anticipated. Schenck, Mosko- witz appeal filed. April 30. — O'Connor and Meyers to go to Universal. Admission tax of 20 per cent is proposed for Canada. Theatres re- placing men ushers with girls. May May 1. — Majors may service Minnesota theatres from outside state. A. A. A. meets to speed up arbitration system. Congress considering levy on radio sta- tions. May 2. — Abram Myers urges U. S. tax on all tickets. Paramount estimates quarter net at $2,475,000. Mutual and Ascap agree on contract. Twentieth Century -Fox ac- cepts Joseph Schenck's resignation as board chairman. May 5. — Television to go commercial on July 1. O'Conner to be assistant to Nate Blumberg, Universal president. All majors may join in test of Minnesota law. Esti- mate Universal half-year net at $1,700,000. May 6.— Majors take $12,900,000 from Eng- land under withdrawal deal. Justice De- partment gets radio monopoly data from FCC. To seek writ halting Minnesota law. May_ 7. — Sarnoff sees no commercial tele- vision in 1941. Joseph Breen approved by board as administrative head of RKO studio. Average cost of arbitration put at $39.04 May 8. — Oscar Hanson resigns as president of Hanson Circuit in Canada. Ed Kuy- kendall slated for reelection as MPTOA head. Minnesota not to enforce law pend- ing test. May 9. — Sixty -two arbitration cases on file in 24 boards. Theatre-size television Tuesday, December 30. 1941 Motion Picture Daily 7 Executive Changes Were Highlight of Year makes bow tonight. Louis B. Mayer tops 1*10 salaries. May 12. — Rental tax plan seen abandoned b> U. S. Trade gives $110,000 for Jewish appeal. Canadian tax stirs protest. May 13. — Congressmen get protests on plan to tax rentals. Reelection of Paramount board expected June 1". May 14.— Exhibitors are wary about thea- tre television. Joseph Breen signed as ~Sead of RKO studio. Nathanson reported ' resign Famous Plavers Lasky post. Janada 1940 gross total $J7,60O,C0O. May 15. — J. J. Fitzgibbons named Famous Players Canadian president. U. A. first quarter English gross is up 25 per cent. May 16.— S. R. Kent voted new five-year contract as 20th Century-Fox president. Company quarter profit $404,089. Loew's six-month profit $5,141,135. May 19.— Trade faces 1,200 bills in 43 states. U. S. seen reluctant to raise tax rate on admissions. G. W. Carver given Variety Club award. May 20.— Senator Mead to push Axis film ban in Washington. William Bioff is back in Hollywood as labor leader. Mav 21.— First theatre television to be in Broadway Rialto. 658 British theatres closed since 1939. Bill in Illinois would limit length of film programs. May 22.— M-G-M will handle its own sales in Canada. Michigan anti-five measure would hit "little three." Telecasting to start with 30 hours weekly. May 23— Allied States reports little benefit from decree thus far. Television in thea- tres may hit legal snag. May 26.— Major Bowes resigns as vice- president and managing director of Broad- way Capitol. Government indicts Browne and Bioff for extortion. Allied to study attendance drop. May 27.— Plan theatre organization for de- fense. FCC plans a revision of policy on television. Grosses down 20 to 30 per cent. Allied board is informed. May 28.— Twentieth Century -Fox sets sales meeting for July 9-11. Roosevelt radio speech sends grosses down. Varied causes for general decline in theatre business. May 29. — Maurice Silverstone resigns as operating chief of United Artists. Roose- velt has power to take control of radio. 12.000 theatres expected to enlist in de- fense drive. June June 2.— K-A-O refunding program is ready. Expanded United Artists is planned. Sev- enty-one complaints filed in four months of arbitration. June 3.— Universal board to act today on contracts for O'Connor and Meyers. Browne and Bioff out of IATSE negotia- tions. June 4.— W. J. Heineman is named assist- ant sales manager of Universal. Report Coast union demands Browne and Bioff resignations. Protection of free speech is called aim of FCC. June 5.— Trade ready for start of television in July. All-out drive planned for show- ing of defense films. U. S. decides on coast labor classifications. June 6. — Plan fight on Minnesota anti-five law in state court. E. T. Gomersall named Western sales manager for Uni- versal. Gross decline is chief topic before MPTOA convention. June 9. — Exhibitors gather for Coast MPTOA meeting. 103 pictures set for re- lease this Summer. RKO 1940 loss $988,- 191. Columbia outlines 40 of 48 for new season. June 10. — MPTOA meeting today consent decree has been of small benefit. RKO first quarter profit expected to exceed $600,000. June 11.— MPTOA demands priority on pre- views for exhibitors. AFM in drive for orchestras in film houses. Producers to pay $3,000,000 in back salaries. June 12. — Metro rentals on percentage only foreseen. U. S. told by court to clarify charges against Schine circuit. June 13. — Report Warners dickering for As- sociated British circuit in England. MPTOA hits previews by law critics. Al- lied calls for all-industry conference at convention in September. June 16. — New program to be outlined at RKO meeting. Warner operating profit for 26 weeks is $2,782,544. Warners will sell single features in larger situations. June 17.— RKO screens first block of five films at convention. DuMont weighs entry into theatre television field. June IS. — Paramount theatre operations gain, reports Balaban. RKO plans 40-45 features next season. Eight-hour, five- day week seen for studios. June 19.— RKO first block ready July 7. Senator Mead urges U. S. action on Axis film ban. June 20.— Paramount merges three ex- changes in New York area. Majors hold off on selling in Minnesota. Ben Cohen tells of Robin Moor sinking at sea. June 23. — Nine Chicago houses will ban triples. U. A. expected to announce 18 to 32 for new season. Will Hays names seven committees for MPPDA. June 24. — Draft laws to restrict Axis pro- duct here. U. A. lists nine pictures now ready for selling. Ascap board sets divi- dend of $1,000,000. Paramount will buy Sparks theatre holdings for $1,350,000. June 25. — Rodgers sets Metro product for Summer. Selznick to make two for U. A. Allied urges releasing big pictures in Summer. June 26. — Seek increases in remittances from England. U. S. plans $900,000 production fund for films aimed at South America. June 27. — Metro sets trade showings in 62 cities. Universal resuming dividend pay- ments on preferred stock. NBC and CBS ready to go on television. June 30. — Twentieth Century-Fox will sell singly and in groups. NBC has only commercial television license at start. Ap- prove K-A-O financing plan of $8,000,000. July July 1.— House approves 10-cent tax base. 84 arbitration cases filed in five months. 21 television stations plan commercials soon. Tuly 2.— Majors ready to file suit on Minne- sota decree. MPTOA calls on studios to stop previews. Applications, union moves mark start of commercial television. July 3. — RKO reveals details of its trade shows. Warners '"streamline" sales setup. July 7.— Broadway records go as holiday booms grosses. U. S. anti-trust suit against Crescent Amusement opens in Nashville. Industry USO drive starts. July 8. — Trade given priority on previewing. First 20th Century -Fox block -of- five set. Tuly 9. — First 20th Century -Fox trade shows set for July 21-25. Picture boom is seen for July, August. Coast critics at sea as preview privileges vanish. U. S. quietly barring Axis films. July 10. — New tax bill changes seen possible. Expect British houses to go to single bills. Music war halts films for television. July 11.— Paramount details initial block trade shows. Report M-G-M will resume British production. July 14.— Industry alert for trade shows. Decline halted at box-office, N. D. Golden says. Odeon claims 100 houses in Canada race with FPC. 20th Century-Fox sets 50 features in new season. July 15. — Small towns show greatest interest in trade showings. First sponsor for tele- vision program set. July 16. — UA plans to build circuit of first runs. Universal has 50 per cent of 1941-'42 lineup ready. 20th Century -Fox opens annual meeting today. July 17. — Trade showings' turnout blamed on apathy. Kent declares "sales speed" for 20th Century-Fox. July 18.— 20th Century -Fox and Warners launch trade shows during week. Screen Publicists Guild wins by wide margin in NLRB vote. July 21. — Three suits filed on Minnesota decree law. Screen doing defense part, Hays says. July 22. — Theatres start "V" drive against trade shows. Studio visits are banned on all lots. July 23. — Film, radio securities in British loan. Ascap loss at $20,000,000 in net- work fight. July 24. — House gets tax bill tomorrow. Sales heads study trade show reaction. Loew's profit in 40 weeks $7,206,466. July 25. — Rodgers offered U.A. presidency. Paramount starts trade shows next Mon- day. July 28. — Will seek to bar changes in tax bill. U.S. order cuts off Jap film trade. July 29. — Minnesota anti-five trial delayed to Aug. 8. Warners to set 48 features next season. M-G-M schedules 78 shorts. Court holds all involved in plagiarism re- sponsible. July 30. — Networks set peace, ending music "war." Warners to screen first three films on Aug. 12. July 31. — Warners announces titles of 36 for 1941 -'42. Concern over trade shows increasing. Roosevelt tells Lasky and Sergeant York, their picture thrilled him. August Aug. 1. — Six-month arbitration total 94 cases. Warner 39-week profit $4,433,445. Paramount estimates six-month net at $4,379,000. Allied disowns showings; "Are a bust," says MPTOA. "Sergeant York" to be sold to exhibitors at 50 per cent of gross, '. v. _. Aug. 4. — Play buys for pictures boom. Big box-office upturn in Fall seen by Sears. Film salaries for 1939 listed by U. S. Aug. 5. — Tax bill goes to Senate with 10- cent base. McCarthy, Bergman to leave 20th Century -Fox; Home joins staff. Aug. 6. — U. A. can't get Rodgers; stays in M-G-M post. FCC decrees station limit in each area. Government rests case in Crescent trial. Theatres suffer loss in Times Square "blackout." Aug. 7.— M-G-M to show next four in 31 key cities. Will continue with M-G-M, Rodgers says. "Tanks a Million," first Roach 50-minute film reviewed. Aug. 8. — Universal, Columbia seen as Crescent suit victors. Laraine Day wins "Future Star" ballot by Motion Picture Herald. U. S. may call Hays, others in war probe. U.A. 28-week gross above 1940, says Kelly. Aug. 11. — Columbia dismissed in Crescent suit. U.A. reins in Korda's hands. Allied seeks national group to map "post-decree" course. Decision on Minnesota law due by Sept. 1; court hearing held. Aug. 12. — Warners get Maxwell circuit in- terest. Talent exempt from Federal agency bill. Jap credits to be paid by Frisco bank. Sale of CBS talent units approved. Aug. 13. — See Universal profit for 39 weeks at $3,000,000. Republic sets plans at sales meeting here. Final talks held on Selz- nick-UA deal. Aug. 14. — Myers urges levy on all admis- sions. Paramount reveals pictures for second block. RKO profit estimated at $1,000,000. Eastman six-month profit $10,- 460,425. Hundred arbitration cases filed to date. T. Stuart Blackton dies. Aug. 15. — Newsreels of Roosevelt-Churchill talks await release. Whitney sets Latin- America film mission. 20th Century-Fox reports $861,278 profit for six months. Capra ends UA talks. $11,162,000 new the- atre projects for six months. Aug. 18.— All companies selling 1941-'42 films in Minnesota. Start defense in Crescent suit. U. S. coverage of seat talk called fiasco by reels. New wage scale for actors at major studios starts. Aug. 19. — Tax on price paid is urged by Kuykendall. F. P. C. starts legal action, names Hanson. Call 15 executives in propaganda quiz. Deny Roosevelt backing censor law. Aug. 20.— Start talks on British money pact renewal. FPC sues for writ against Odeon-Hanson. Studio locals act on pacts without IATSE. Hope for preventing Mexican strike fades. Aug. 21. — Commentators will he called by Senate quiz. Decision on Minnesota five- block to be delayed. Aug. 22.— Senate group seen favoring no exemptions. Industry will tell country of defense aid. Reflection of new world film order in 1941 -'42 Motion Picture Almanac. Aug. 25. — RKO secures new financing of $3,000,000. Japs control all U. S. film properties now. UA producers to finance own films in Great Britain. Paramount theatre partners meet here. India to halve film import quota by Sept. 1. Aug. 26.— Release dates by territory in new selling. Appeals board bars delay in offering run. Five per cent rise for 700 operators in N. Y. houses starts Sept. 1. Aug. 27. — Blumberg and Hays to testify before Senate. Richey urges trade defense against attack. See Willkie as probe coun- sel. Commentator trend away from gos- sip about screen. Aug. 28. — Senate unit votes to eliminate all tax exemptions. Companies aid blacklist for Latin America. Freedom of screen seen issue in Senate inquiry. Aug. 29.— All provisions of decree in effect Monday. Editorial blasts at motives in film probe. Crescent suit decision due in December. Senate raises tax to 15 per cent. September Sept. 2. — Senate unit sets scale on 15 per cent tax. Coast reports link Selznick with U.A. Willkie heads film defense before U. S. Senate. Crescent official free in U. S. trial; recess to December. Total of 106 cases in seven months; boards may be reduced. Sept. 3. — Ask only four film heads to Senate probe. Tremendous is word for Broad- way gross. L. A. Times to check upon inaccuracies of writers. Sept. 4. — $191,000,000 revenue seen from new tax. Studio union pact parleys here Sept. 20. Big Five now liable to penal- ties tor decree violation. Paramount votes 25 -cent dividend; highest since 1935. Sept. 5. — Senate kills 15 per cent tax; re- tains 10 per cent. Screen Actors Guild to "police" all free radio performances. Sept. 8. — Senate unit will probe forcing of propaganda films. London opens talks on U. S. currency pact. Senate passes 10 per cent tax with 10-cent base. Sept. 9. — Willkie attacks probe, questions legal authority. Oct. 1 will be effective date of ticket tax. Sept. 10. — Industry barred from cross-quiz at film inquiry. Loew's year net estimat- ed at $8,200,000. Companies to halt Mexi- co service if strike continues. Sept. 11. — Nye-Clark charge unproved: Willkie. Conferees set admission tax start Oct. 1. Sept. 12. — Willkie asks investigation be halt- ed now. Cooperative held trust law viola- tor. Sept. 15. — See prolonged industry probe for "publicity." Tax conferees accept Senate exemption cut. Monogram reports $10,897 year net. Sept 16. — End probe at once, McFarland insists. Tax confrerees vote levy on all admissions. Allied calls meeting all-indus- try forum. Sept. 17. — Allied condemns Senate film quiz. F. D. R. sees no propaganda in recent films. House votes approval of tax measure. Sept. 18. — Industry defense urged by Rod- gers. Botsford named ad and publicity head for 20th -Fox. Sept. 19. — Allied Officers resign in protest. Universal net is $2,751,864 for 39 weeks. Columbia reports year's profit as $552,743. Sept. 22. — New season's product deals on increase. Japan to make first payment to companies. Allied leaders foresee joint committee approval. Sept. 23. — Senator Downey will attack film inquiry. Renew studio labor pact for five years. August tax receipts set new record. Sept. 24. — Probers' charge false: Downey. IATSE locals conduct own negotiations. Columbia gets $3,000,000 new financing. Sept. 25. — Public influences pictures: Schenck. Downey to ask Congress to view "Liberty" film. Sept. 26. — Warner defends picture policy. Report drive in committee to stop probe. Sept. 29. — Zanuck attacks censor attempt. MPTOA committee named to confer on theatre complaints. Sept. 30. — New Federal tax begins at mid- night. Inquiry total failure, says Repre- sentative Costello. Grand jury indicts Dean, Kaufman under racket law in IATSE inquiry. Initial payment to ma- jors by Japanese is made in Frisco. October Oct. 1. — Allied units ratify resolution for a national joint committee to- promote all- industry relations. 16 arbitration com- plaints recorded in September. Oct. 2. — New Federal tax has no effect on grosses. Consent judgment bars Schine circuit in Kentucky from further opera- tion of chance games. Oct. 3. — Senate propaganda probe may be postponed. New England Allied ratifies joint industry plan. Oct. 6. — Minnesota's anti-block-of-five-law held constitutional. Browne, Bioff trial sheduled to begin Oct. 8. Oct. 7. — Majors study Minnesota's block-of- five ruling. Film industry to plan camp shows with Army and Navy. Republic expands production setup. Oct. 8. — Anti-block-of-five ruling prevents film sales in Minnesota. Exhibitors in Mexico have strike and product shortage problems. Oct. 9. — Senate propaganda probe postponed indefinitely. Government opens trial against Browne and Bioff. Oct. 10.— N. M. Schenck tells of deals with Bioff. Paramount debts to> be exchanged for one loan. Government order halts building of theatres. Oct. 13. — IATSE representatives absent from studio negotiations. Mexico's film workers strike settled. Oct. 14. — Exclusive run ruled out under (Continued on following page) 8 Motion Picture Daily Tuesday, December 30, 194] Radio Silence on Churchill Praised Washington, Dec. 29.— White House gratification over the voluntary censorship which broadcasters are following was voiced today by Presiden- tial Secretary Stephen T. Early. Saying the President was "delighted," Early handed the station operators a "well de- served, belated orchid" for maintaining silence regarding the fact that Prime Minister Winston Churchill was on his way to Washington, although it was well known among news men in the capital. Year's News in Review FCC Seeks Data on Foreign Programs Washington, Dec. 29. — Moving to bring up to date information compiled some months ago regarding broad- casts in foreign languages, the FCC has sent out a questionnaire to all sta- tions in Continental United States, Alaska, Hawaii and Puerto Rico, ask- ing for full information regarding the number of hours devoted to broad- casts in other than English and a list of languages used. The questionnaires, to be returned by Jan. 15, are to give information for the period from Nov. 7 to Dec. 6, and from Dec. 7, the date of the at- tack on Pearl Harbor, to Jan. 5, 1942. Broadcasters are required to state the reasons for any substantial or other significant differences in the figures between the two periods. CBS, NBC Renew Seven Programs CBS yesterday announced four re- newals, NBC-Blue, three, and NBC- Red announced the expansion of one program. The CBS renewals in- cluded : International Silver Co. for "Silver Theatre" over 57 stations ; Curtis Candy Co. has renewed the Jackson Wheeler newscasts Saturday and Sunday mornings 11-11 :05 A. M. over 41 stations ; Lever Bros, has re- newed "Bright Horizons" over 58 sta- tions, and Melville Shoe Co. has re- newed the John Allen Wolf newscasts over WABC Monday through Satur- day, 7 :45-8 A. M. American Home Products renewed two NBC-Blue shows, including "Easy Aces," and "Mr. Keen." Both will be heard over 72 stations, an addi- tion of seven. Sun Oil renewed Low- ell Thomas over 24 NBC-Blue sta- tions. Beginning Jan. 4, Kraft Cheese Co. will add 20 new stations to the NBC-Red hookup now carrying "The Great Gildersleeve." CBS Transmitter Opens Thursday CBS will dedicate the new 50,000- watt transmitter just completed for its short wave station, WCRC, with a full-hour program starting at the stroke of the New Year. William S. Paley, president, and Edmund Ches- ter, director of short wave and Latin American relations, will speak, Paley in English and Chester in Spanish. Juan Arvizu will act as master of ceremonies for the entertainment por- tion of the program which will fea- ture Latin American talent. (Continued from page 7) consent decree. Reaction to new FCC rule reported favorable. Oct. 15. — Report Britain to ease funds due U. S. firms. Money paid to keep labor peace, Schenck testifies at Bioff trial. Erpi to be division of Western Electric. Oct. 16. — Browne out as AFL vice-presi- dent. Wanger leave U. A. CBS musi- cians on strike. Oct. 17. — Film probe hit as censorship by Mayor LaGuardia. Paramount may ask decree escape on Minnesota sales. Oct. 20. — Michigan theatres launch Earl Hudson's plan of films buildup. Eleanor Roosevelt scores Senate probe of films. Oct. 21. — Minnesota sues majors on "anti- five" breach. Appeals board reverses awards in Manchester, N. H., and San Gabriel, Cat, arbitration cases. Oct. 22. — Invite Arnold to Senate propagan- da hearing. Harry Warner testifies at Browne, Bioff trial. Oct. 23. — Majors plead not guilty to Min- nesota charge. Paramount gave $100,000 to Bioff, Keough states at trial. Distribu- tors face Chinese money withdrawal prob- lem. Oct. 24— Majors to get $20,000,000 from England. Report Bernhard to be given wider duties at Warners. Oct. 27. — Kalmenson is Warners sales head; Sears resigns. Currency withdrawal from England for new year may aggre- gate $37,500,000, Hays Off ice reports. Oct. 28. — Kalmenson calls meeting of War- ner branch heads. Grosses boom on Broadway. Oct. 29. — Bernhard appointed Warner vice- president. Bioff grilled on false oaths. Oct. 30. — Sales heads to meet with Allied on unity plan. Blumenstock named na- tional ad chief for Warners. Ascap music returns to networks. Oct. 31. — "Junior Hays Office" formed by producers. Paramount to sell away from National Theatres units. Film arbitration budget expected to be $450,000. Para- mount 39 weeks earnings estimated at $7,450,000. November Nov. 3. — Paramount gets decree "escape" for Minnesota. Warners appoints new dis- trict heads and branch chiefs. 10-month arbitration cost estimated at $190,000. Nov. 4. — Odium and Rockefeller deprecate reports of Schaefer's leaving RKO. Ma- jors receive $7,000,000 from London. Set maximum theatre admission in Canada. Nov. 5. — Estimate Universal net for year at $4,000,000. Kinematograph Renters So- ciety, England, rejects resolution for per- centage bookings only.. M-G-M exhibi- tor forum set for Nov. 25. Nov. 6. — Browne- Bioff case to jury today. Cole scores rental terms as excessive. Keith Albee Orpheum Corp. reports 39- week net profit at $368,418. Nov. 7. — Browne, Bioff guilty as charged. Comedies dominate new season product. 7,841 theatres collected $943,684 in U. S. O. drive. Nov. 10. — Demand seen for Browne's re- placement in IATSE. Minnesota product situation seen as acute. Nov. 11. — Richard Walsh chosen as new IATSE head. 150 Canadian theatres in test blackout. Coast exhibitors urge films to Army ahead of theatres. Nov. 12. — Minnesota block-of-five trial set for Dec. 15. Walsh pledges IATSE clean- up. Broadway has smash Armistice Day business. Nov. 13. — Bioff gets 10 years; Browne sen- tenced to eight. Majors named in Nebras- ka, anti-trust suit. RKO and 20th Cen- tury-Fox ask exemption on Minnesota sales. Nov. 14.— $319,000 year budget is set on arbitration. NBC and Mutual move to drop broadcasts from Berlin. RKO re- ports 39-week net profit of $664,774. Nov. 17. — Loew's to decide today on appli- cation for exemption from Minnesota de- cree law. Martin Quigley discusses film contribution to democratic ideal. Nebraska to air anti-trust charges against Goldberg circuit and distributors today. Nov. 18. — Sears and Raftery head United Artists. Legion condemned seven of 521 films in vear. Films to Latin America to be truthful, says Whitney. Nov. 19. — Minnesota theatres seek films to avoid closing. Average cost of arbitra- tion put at $87.87. New York Times- WMCA in news broadast deal. Nov. 21. — Thanksgiving grosses strong over U. S. Disagreement delays British fund division. Republic acquires Bromberg At- lanta franchise. Nov. 24. — Connors will be assistant to Sid- ney Kent. Full authority to Schaefer in RKO, report. $50,000 is film contribution to Red Cross. Nov. 25.— M-G-M forum in Ohio today. Monogram product now available for tele- vision. Nov. 26. — Majors named in Atlanta anti- trust suit. Kent-Connors deal revealed. Leserman appointed N. A. general sales manager. _ Nicholas M. Schenck to head film committee for 1942 March of Dimes. Nov. 27. — U. S. decree "unworkable," Myers says. Yule bonus to thousands at Coast studios in retroactive wage rises. Sen- ate probe of films off indefinitely. Nov. 28. — Place ceiling on film rentals in Canada. Boston bans "Two- Faced Wom- an"; Pennsylvania approves. CBS seeks FCC license for commercial television. Warners' year profit is $5,429,302. December Dec. 1. — O'Shea becomes Eastern sales head of M-G-M; Flynn named manager of Cen- tral division. Producers to get allocations on defense materials. Government weighs priority for 25,000 television receivers. Dec. 2. — Universal and United Artists not to attend unity meeting. See failure of Minnesota law to afford relief. Ascap's distribution drops to $2,700,000 this year. Dec. 3. — New York censor bans only eight films in year. RCA theatre television off for emergency. Nathanson handles M-G-M Canada sales. Dec. 4. — Full authority in RKO given to Schaefer. Two and a half per cent slash in British quota is proposed. McCoy named Warner division manager. Dec. 5. — Schaefer and N. M. Schenck ap- prove unity. Los Angeles churches asked to bar Garbo film. Court rules theatre has right to seek writ on jurisdictional picketing. Dec. 8. — Solid front is aim of Chicago unity meeting. U. S. seeks to speed trial of Schine action. Oscar Deutsch dies. Dec. 9.— War news cuts national gross. Conciliation is goal of unity meeting. In- dustry pledges service and support to Roosevelt. Dec. 10. — Unity ^ group maps industry pro- grams. War jitters slash gross over coun- try. Garbo picture is revised by Metro. Dec. 11. — Industry adopts basis for unity. Call New York exhibitors to air raid meeting. Bert M. Stearn named U. A. Western sales head. Dec. 12.— Coast studios on day shifts for blackouts. Study radio procedure in raid alarms. Variety clubs aid industry, Ampa meeting told. Dec. 15. — All New York theatres prepare for raids. Films are leading entertain- ment at Army camps. See U. S. asking extension of decree escape clause. Dec. 16. — Management officials to be on U. A. board. Open defense case in Min- nesota criminal trial. Broadway cleared quickly in test raid for newsreels. Dec. 17 — U. S. to censor communications. Realignment of RKO effected by Schaefer. Universal hears that Far East is 55 per cent normal. Dec. 18. — Frank C. Walker heads Govern- ment group to study censorship. Willkie cites film censorship in war crisis. "Two- Faced Woman" given "B" classifica- tion by Legion of Decency. Dec. 19. — Big New Year business expected on Broadway. Bob Hope wins Motion Picture Daily radio poll. War cancels 1942 Academy Award banquet. Dec. 22. — Blackouts of marquees in future seen. MPTOA weighs abandoning its an- nual meet. NAB issues guide for broad- casts of news. Dec. 23. — Daylight time move seen as film problem. Procedure of Los Angeles houses in war outlined. Loew's plans refunding of $18,000,000. Kirsch urges patron drive; Connecticut Allied opposes decree. Dec. 24.— Lowell Mellett to head Govern- ment films. Loew loan of $18,000,000 is arranged. Release of Nebraska members by Ascap seen move for law repeal. Dec. 26. — Exhibitors vote Mickey Rooney box-office champion in Motion Picture Her'ald-Fame poll. Loew's sues operators' union on trust charge. To incorporate "Hey Rube" organization as national group. Dec. 29. — Ascap waives back royalties in Washington. Price names John H. Ryan censor aide on radio. Koerner realigns RKO divisions to aid supervision. Edwin W. Aaron named assistant general sales manager of M-G-M. manager. Pledge Little 3 Not to Defend 2 Suits at Once (Continued from pane 1) Little Three by June 1 the trade show and blocks-of-five provisions of the consent decree will expire. Hf. Sclieiick Kalcheim Resigns Para. Talent Post Harry Kalcheim, head of Para- mount's theatre talent booking de- partment, has resigned that post ef- fective immediately, Leonard Golden- son, in charge of Paramount theatre operations, announced yesterday. Kal- cheim has been in charge of the home office department since 1933. Harry Levine, Kalcheim's assistant for the past several years, has been named to succeed him as head of the department. Kalcheim's future plans are not known, but are expected to be dis- closed upon his arrival from the Coast today. Metro Will Resume Forums Next Month On the theory that exploitation and theatre sales efforts are more essen- tial in war than peace, M-G-M will resume exhibitor forums in various parts of the country in mid-January to give wider circulation to its selling aids, the company announced yester- day. Forums will be held at the Pea- body Hotel, Memphis, Jan. 13, and at (Continued on page 6) Holds 16mm. Showing Is Violation of Copyright Los Angeles, Dec. 30. — The exhib- ition of a copyrighted film for direct or indirect profit constitutes an in- fringement despite ownership of a 16mm. print, Federal Judge Ralph Jenney ruled today in granting a per- manent injunction against Edward Kohn, operator of the Movie Parade Theatre, who had been showing Charlie Chaplin films at his silent revival house. The court ordered Kohn to pay Festival Films, Inc., of New York, the plaintiff and owner of the copy- rights, $3,500 in damages, assessed on the basis of $250 for each day of un- authorized exhibition. It was estab- lished by the testimony that several firms are engaged in selling or renting 16mm. films but the court ruled that unless licenses were granted by the owners of the copyright for exhibi- tion for profit, such showings were in violation of the Federal copyright law. "This injunction," the court ruled, "shall not restrict private exhibitions (Continued on pane 8) Capital Grosses Off Slightly in Blackout Washington. Dec. 30. — Theatre business was only slightly below nor- mal tonight despite voluminous ad- vance notice of the blackout rehearsal which was held between 7 :45 and 8 P. M. During the alert period, house fronts were darkened and ticket sales came virtually to a standstill. Nothing eventful was reported by any of the downtown theatres, where few patrons, if any, noticed that the film sound was stepped up to drown out the warning sirens. It Was the first effective blackout test held in the capital. All theatre personnel were well pre- pared for the blackout. Following a plan which was adopted last week at a meeting called by John J. Payette, Warner Bros, zone man- ager and deputy air raid warden for (Continued on page 8) Unity Group to Meet In New York Jan. 21 Chicago, Dec. 30.— The sec- ond meeting of the Motion Picture Industry Conference Committee on all - industry unity has been called for Jan. 21 at the Warwick Hotel, New York, by Jack Kirsch, tempor- ary chairman. All members of the main committee and sub-committees have been in- vited. Financing and the plac- ing of the committee on a per- manent basis will be discussed and the appointment of a full- time executive secretary con- sidered. 'Citizen Kane' Is Voted Best '41 Film By Critics of N.Y. "Citizen Kane," written, directed and produced by Orson Welles for RKO, was voted the "best motion pic- ture of 1941" by the New York Film Critics, in their seventh annual vote. Gary Cooper was voted the actor who gave the year's outstanding per- formance, for his role in "Sergeant York," Warner film ; and Joan Fon- taine was named the year's "outstand- ing actress" for her work in RKO's "Suspicion," Alfred Hitchcock film. John Ford won the director award (Continued on page 6) Glazer Named Col. Chief in Canada Sam Glazer, Canadian general man- ager for United Artists for the past year and on the company's Canadian sales staff since 1923, has resigned to become general manager of Colum- bia Pictures of Canada, Ltd. Glazer succeeds Dave Coplan, who resigned several days ago. Senate Bill Authorizes President To Change Time Throughout Nation Washington, Dec. 30. — Legislation authorizing the President to change the nation's hours was introduced in the Senate today by Senator Burton K. Wheeler, chairman of the Interstate Commerce Committee. Wheeler submitted a bill which would permit the President to advance or retard the clock by not more than two hours at any time during the present emergency or for six months thereafter. Bioff, Browne Sued by Para. For $100,000 Cite Extortion Payments to Former I A Heads Paramount yesterday brought suit in U. S. District court here to recover $100,000 from William Bioff and George E. Browne which it allegedly paid the former IATSE officials "unwillingly and under duress." The complaint, filed by Simpson, Thacher & Bartlett, counsel for Para- mount, asserts that between May, 1936, and January, 1938, "the plaintiff, pursuant to demands of the defendants and under duress, paid to the defend- ants sums of money aggregating $100,- 000, which the defendants received and retained for their own use and bene- fit." The complaint charges further that the sums were obtained by Bioff and Browne by means of extortionate and illegal demands and by threats of strikes. Bioff and Browne are now serving prison sentences of 10 and eight years, respectively, following their conviction in Federal court here in November of extorting more than $500,000 from Paramount, Loew's, 20th Century-Fox (Continued on page 6) Coast ITO Seeks Duals Elimination Los Angeles, Dec. 30. — About 70 members of the ITO of Southern Cal- ifornia and Arizona voted unanimously at a meeting here last night in favor of abolishing double features under wartime conditions. The meeting also approved a reso- lution to sound out exhibitor senti- ment on the subject in other parts of the country with a view to the possi- bility of obtaining concerted action on a wide scale for the restoration of single features. In this area, where double features are rampant and grosses have been off considerably since the outbreak of war, many exhibitors reportedly be- ( Continued on page 8) No Paper Tomorrow Motion Picture Daily will not be published tomorrow. New Year's Day. 2 Motion Picture Daily Wednesday, December 31, 1941 Coast Cities Ban Welcome to 1942 San Francisco, Dec. 30. — As a civilian defense precaution, authorities of this city have joined Los Angeles in banning street celebrations on New Year's Eve. A similar ban will be in effect in Seattle. 300 N.E. Theatres In Dimes Campaign More than 300 New England the- atres have enrolled to make lobby col- lections in the industry's 1942 March of Dimes drive, Jan. 22-28, according to M. J. Mullin, New England chair- man. The county chairmen include : Maine— C. J. Russell, C. Stoddard, Charles Brooks ; Massachusetts — Hy Fine, J. Goodwin, R. Sternberg, F. McManus, H. Wasserman, John J. Ford, A. Garbose, Nathan Goldstein, Louis M. Gordon, Irving Green, Max Melincoff, Charles E. Kurtzman, Samuel J. Kurzon, Max L. Levenson, E. M. Loew, Francis C. Lydon, Jo- seph Methieu ; Harry McDonald, George A. Ramsdell, Herman Rifkin, Charles Morse, Philip Smith, Ralph E. Snider, Al Somerby, E. Harold Stoneman ; Rhode Island — W. Spragg ; Connecticut — Harry F. Shaw ; New Hampshire — John B. Eames, E. Fahey. Warner Will Employ Girl Ushers in Phila. Philadelphia, Dec. 30. — Warner theatres here will use girls as ushers shortly after the first of the year. The usherettes, now being selected by Jack Goldman, will be introduced at down- town houses. At the annual managers meeting of the zone several months ago, Ted Schlanger, zone chief, revealed that the circuit would employ girl ushers because of the shortage in male help. E. K. Bonus $4,200,000 Rochester, Dec. 30. — Eastman Ko- dak Co. here will pay a bonus to em- ployes March 13. The companv will distribute $4,200,000. Leaves RKO Post Indianapolis, Dec. 30. — G. L. Heinrich is resigning as booker of the Indianapolis RKO branch after 20 years with the comoany. BROADWAY PLAYS "GRAND-SCALE SMASH HIT! — Life Maaazine GERTRUDE LAWRENCE In the Musical Play "LADY IN THE DARK" ALVIN, 52 St. W. tf B'way— Matt. Wed. 4. Sat. "A GRE-XT SHOW." — Herald Tribune 50c, $1 & $1.50 no HIGHER 2ND YEAR — 2ND EDITION of the Sensational Musical Icetravaganza It happens on ice at America's Only Ice Theatre Center Theatre, Rockefeller Center. CO. 5-5474 Eves, except. Mon. Mats. New Year's, Sat. -Sun. 501 8eats for Every Perf. 50e. EVGS. AT 8:40 Personal AL LICHTMAN, vice-president of M-G-M, is in town from the Coast. • James R. Grainger is due from the Coast early next month. • J. R. McDoxough left Hollywood yesterday for Newark to attend his mother's funeral. • Hal Horne and Dick Condon are expected to leave the Coast today for New York. • Jack Darrock of 20th Century-Fox has arrived on the Coast. • George Dindas, manager of the Broadway Strand, is the father of a son, born to Mrs. Dindas at Poly- clinic Hospital. The baby weighed seven pounds, 11 ounces. • William K. Saxton, city mana- ger for Loew's in Baltimore, will spend the New Year holiday with his family on Long Island. • Clara Kraftsow, Paramount secre- tary in Philadelphia, has returned from Florida, where she recuperated from a recent illness. • Kathryn LaValle has left Repub- lic in New Haven to be married, and has been replaced by Mary Ber- nardo. Loew, Paramount Sponsor Contest Loews' and Paramount are sponsor- ing a contest among managers of Loew theatres in the New York area with prizes of $2,000 in defense bonds offered by Paramount to those showing the best results with eight of Paramount's current films. Additionally, $8,000 has been appro- priated by Paramount for special ad- vertising and for prizes for theatre- goers who will also figure in the con- test. It is known as the "Box-Of- fice Battle of the Boroughs." The contest opened Monday, Dec. 29, and will close when all eight pic- tures have been played in the com- peting theatres. The manner in which the public will compete is to be worked out shortly, it is said. Carolina Exhibitors Will Meet on Jan. 18 Charlotte, N. C, Dec. 30. — The Theatre Owners of North and South Carolina will hold its annual conven- tion at the Hotel Charlotte here Jan. 18-19, with Ed Kuykendall, MPTOA president, as chief speaker. Thomas A. Little of Charlotte is general chair- man of arrangements. Hawkinson Rites Held Funeral services were held yester- day at the Fairchild Chapel, Flushing, L. L, for Marie E. Hawkinson, 76, mother of Robert E. Hawkinson, Latin American division manager for RKO. Mrs. Hawkinson died last Sunday of heart disease at Flushing Hospital. Burial was in Flushing Cemetery. Four daughters survive besides the RKO executive, who is now in Buenos Aires. Mention SAM GALANTY, Mideast divi- sion manager for Columbia, at Washington, and Annabelle Lee Rousseau of Alabama were married at the Shoreham Hotel, Washington, on Christmas Day. • Frank Schiffrin of the Leo Brecher Circuit and Mrs. Schiffrin will celebrate their 25th wedding anniversary on Saturday. • Isador Perlin, manager of the Colonial, Atlantic City, has returned from a Washington vacation. • Mrs. Joseph Shulman of the Ri- voli and Webster Theatres, Hartford, Conn., is vacationing in Hollywood. • Ed Connelly of the Warner home office publicity department, has en- listed in the Army and leaves Jan. 6 for Fort Dix. • Elliot Rronish, formerly on the Loew-Poli staff in New Haven, has enlisted in the Army. • Norris J. Nelson, who recently re- signed as assistant manager of the Stanley, Baltimore, to become an ac- countant, has resumed his former post at the theatre. • Robert Anderson, doorman at the Fox theatre in Spokane, has enlisted in the Navy. Sues Joelson on Circuit Purchase Harry Thoens & Co., Inc., has filed suit in N. Y. Supreme Court for $50,000 in commissions allegedly made on the purchase of Consolidated Amusement Enterprises against Julius Joelson, circuit owner. The plain- tiff charges the breach of an alleged contract made in December, 1938, under which Thoens was retained by Joelson to obtain a New York the- atre circuit for purchase bv the de- fendant. The complaint alleges that Thoens negotiated the sale by Con- solidated of its theatres to J. J. The- atres, Inc., a corporation allegedly owned by Joelson. WB to Tradeshow Five Films Feb. 2, 3 Warners will nationally tradeshow five forthcoming features Feb. 2-3. Pictures which will be shown are : "The Male Animal" and "Always In My Heart," Feb. 2, and "Bullet Scars," "Juke Girl" and "The En- emy Within" on Feb. 3. "Captains of the Clouds" will be tradeshown by Warners Jan. 19. Show 'Fantasia' Jan. 19 RKO will hold trade showings of Walt Disney's "Fantasia" in all ex- changes Jan. 19, it was announced yesterday by A. W. Smith. Jr., sales manager. Show for Children Philadelphia, Dec. 30. — The local Paramount exchange plaved host to 800 underprivileged children from public institutions yesterday at War- ner's Uptown. Souvenirs were dis- tributed by Earle W. Sweigert, Para- mount district manager, and candy by Jack Beresin. Newsreel Parade TI/-INSTON CHURCHILL again rr takes the lead in the newsreels. He is seen with President Roosevelt at tlie White House and addressing Congress'. War news includes the ar- rival in California of a torpedoed freighter with 31 survivors. The reel*, and their contents: vli MOVIETONE NEWS, No. 3J-ChurcWT/ in Washington. Gary, Ind., steel mill blackout. Retread tires in Ohio. Freighter towed to California port after submarine attack. Gloria Vanderbilt weds in Holly- wood. Tennis at Madison Square Garden. Horse racing in New Orleans. NEWS OF THE DAY. No. 231-Churchill before Congress; Foreign diplomats at White House. Pearl Harbor heroes honored. Jap Embassy in Washington for rent. Gloria Vanderbilt takes a husband. Pandas from China in San Francisco. Torpedoed freighter towed into California port. PARAMOUNT NEWS, No. 36-Survivors of sub attack arrive in California. Cruiser "Atlanta" goes into service. Bing Crosby's sons buy defense bonds. Two pandas from China in San Francisco. Churchill in Washington. RKO PATHE NEWS, No. 36-Roosevelt, Churchill and Congress. Jap baby subma- rine in Hawaii. Pandas from China in San Francisco. Torpedoed freighter on West Coast. Tennis at Madison Square Garden. UNIVERSAL NEWSREEL, No. 4S Churchill before Congress; Foreign diplo- mats at the White House. Freighter on West Coast after sub attack. Jap baby sub in Hawaii. Tires recapped in Ohio. Gloria Vanderbilt's wedding in Hollywood. Basketball at Madison Square Garden. Theatre Ad Slogan Urges War Effort Philadelphia, Dec. 30. — Calling attention to pictures as a morale booster, and at the same time urging continued sales of defense bonds and stamps, William Gerst, manager of Hunt's Rockland, has adopted the fol- lowing slogan for all his newspaper advertising : "Let Nothing Stop Us! Keep Up the Morale by Attending Your Favor- ite Theatre ! Keep Up the Fight for Freedom By Buying Defense Bonds and Stamps !" Shubert Son a Producer John Shubert, son of J. J. Shubert and nephew of Lee Shubert, is listed as producer of "Johnny on a Spot," which is scheduled to open at the Plymouth on Jan. 8. Charles Mac- Arthur wrote and directed the play. 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 "Ouiepubco, London." All contents copyrighted 1941 by Quigley Publishing Company. Inc. Other Quigley publications: Motion Picture Herald, Better Theatres, International Motion Picture Almanac and Fame. En- tered as second class matter, Sept 23. 1938 at the post office at New York. N. Y., under the act of March 3, 1879. Subscrip- tion rates per year $6 in the Americas anr" $12 foreign. Single copies 10c. RBO DOUSLAS The public has accorded this delight- ful entertainment an enthusiastic reception. In her first picture since "Ninotchka" Miss Garbo again reveals her skill at delicious good fun. A bright spot in a serious world, this spirited M-G-M attraction is doing an out- standing business at the box-office. Wl CONSTANCE ROLAND BENNETT* YOUNG ROBERT RUTH STERLING -GORDON Original Screen Play by S. N. Behrman, Salka Viertel and George Oppenheimer Directed by GEORGE CUKOR Produced by GOTTFRIED REINHARDT A Metro -Goldwyn-Mayer Picture W ednesday, December 31, 1941 Motion Picture Daily 5 'Dumbo' Gets Fair $15,000; Chicago Slow Chicago, Dec. 30. — Loop grosses suffered from the usual holiday iner- tia. The Palace, with "Dumbo" and ' 'nexpected Uncle" drew $ 15,000, d "1 Wake Up Screaming" and fonv Martin in person at the Chi- cago gathered $36,000. Estimated receipts for the week ending Dec. 25 : "Confirm or Deny" (20th-Fox) APOLLO— (1.400) (30c-40c-59e) 7 days. Gross: $5,100. (Average, $5,000) "I Wake Up Screaming" (20th-Fox) CHICAGO— (4,000) (35c-55c-75c) 7 days. Stage: Tony Martin. Gross: $36,000. (Aver- age. $32,000) "Sergeant York" (W.B.) GARRICK— (1,000) (35c-55c-75c) 7 days. 4th week. (9th week in Loop). Gross: $5,200. (Average, $5,000) "Melody Lane" (Univ.) ORIENTAL— (3.200) ( 25c - 35c - -40c - 50c ) Stage: "Bowery Follies" unit. Gross: $16,- 000. (Average, $16,000) "Dumbo" (RKO) "Unexpected Uncle" (RKO) PALACE— (2,500) (30c-40c-60c) 7 days. Gross: $15,000. (Average, $13,000) "Unholy Partners" (M-G-M) "Target For Tonight" (W.B.) 5 days, 3rd week "Texas" (Col.) "Henry Aldrich for President" (Para.) 2 days ROOSEVELT— (1.500) (30c-40c-59c) 7 days. Gross: $10,000. (Average, $11,000) "Honky Tonk" (M-G-M) STATE-LAKE-(3,70O) (40c-44c-55c-75c) 7 days. 4th week. Gross: $11,000. (Average, $14,000) "Two Faced Woman" (M-G-M) 1 day, 4th week "One Foot in Heaven" (W.B.) 6 days UNITED ARTISTS— (1,700) (30c-40c-59c) 7 days. Gross: $15,000. (Average, $14,000) 'Wolf Man' $7,000 Cincinnati Leader Cincinnati. Dec. 30.— "The Wolf Man," with a $7,000 gross at the RKO Grand, was the only picture to get above average during Christmas week, which was marked by the tra- ditional holiday slump in attendance. The weather was mild. Estimated receipts for the week ending Dec. 24-27 : "New York Town" (Para.) RKO ALBEE— (3,300) (33c-40c-50c) 7 days. Gross: $8,600. (Average, $12,000) "Dumbo" (RKO) "Tanks a Million" (U.A.) RKO PALACE — (2,700) (33c-40c-50c) 7 days. Gross: S9.200. (Average, $10,000) "Swamp Water" (20th-Fox) RKO SHUBERT— (2,150) (33c-40c-50c) 7 days. 2nd week. Gross: $4,300. (Average. $5,000) "Design for Scandal" (M-G-M) RKO CAPITOL— (2,000) (33c-40c-50c) 7 days, 2nd week. Gross: $3,300. (Average, $5,500) "The Wolf Man" (Univ.) RKO GRAND— (1,500) (33c-40c-50c) 7 days. Gross: $7,000. (Average, $5,000) "Great Guns" (20th-Fox) RKO LYRIC— (1,500) (28c-33c-42c) 7 days, 2nd week. Gross: $2,900. (Average, $4,500) "The Masked Rider" (Univ.) "Buy Me that Town" (Para.) RKO FAMILY— (1,000) (15c-28c) 4 days. Gross: $1,000. (Average. $1,200) "Down Mexico Way" (Rep.) "Hard Guy" (PRC) RKO FAMILY— (1,000) (15c-28c) 3 days. Gross: $800. (Average, $800) "New Wine" (U.A.) KEITH'S— (1.500) (33c-40c-50c) 7 days. Gross: $2,900. (Average, $5,000) Hollywood, Dec. 30 D RODUCTION news of the week centered in the casting of top players by various studios in a number of pictures, Paramount hav- ing the largest numerical representation with the announcement of new roles for more than 10 players. Madeleine Carroll and Lynne Over- man join Fred MacMurray in the ~ ~ : ~ ~. TT ~ in the series being produced by Sam Katzman. Lieut. Commander Frank Wead, U.S.N, retired, a film writer spe- cializing on service aviation type pic tures, has been called back to active duty with the Navy. He leaves Jan. 15, expecting to complete the script of RKO's "Bombardier" . . . Republic has purchased "War of the Wild cats," story by Thomson Burtis of the oil fields in the 1900's. . . . Wil- liam Hawks, RKO producer, has signed Howard Hawks, his director- brother, to guide "Cheyenne," mark- ing the first time that the pair has worked together on a film. • • Paramount has given Phil Terry and Macdonald Carey, actors, and Muriel Roy Bolton, writer, new term deals. . . . Bradbury Foote is doing the script of "What the Gods Pro- vide" at M-G-M. . . . 20th Cen- tury-Fox has set James Glea- son on an exclusive term acting deal. . . . Director Al Green has obtained film rights to "Clown Alley," biographical novel by Len Clark, veteran clown. . . . Billy Bevan, famed comedian, goes into E. H. Griffith's "Out of the Frying Pan" at Para- mount. • • Max Gordon has reported at Columbia as producer on the film version of "My Sister Eileen." John Litel has been set in M-G-M's "Along Came Murder." . . . Jean Hersholt now may finally call him self "Dr." He was given a Doctor of Letters degree by the De Landas University, Santa Ana, Calif., i n recognition of his forthcoming com pilation of Hans Christian Andersen's works. . . . Jack Htvely, formerly a director at RKO, is at Paramount to guide "Washington Escapade." RKO producer J. R. McDonough is seek- ing George Murphy's original "The Chicago Method," a plot based on the activities of the British Commando forces, which raid the German-held Channel coast cast of "The Forest Rangers," to be made in Technicolor from the Thelma Strabel story. Burgess Meredith will be starred in "Black Curtain," from the best selling mystery by Cornell Wool- rich. Susanna Foster got two roles — one in "Dancing Debs" and the other in "Merton of the Movies." Constance Moore was set as Rosalind Russell's rival in "Take a Letter, Darling." "Washington Escapade" has as the first member of the cast Martha O'Driscoll, Richard Denning goes into "Wake Island," based on the heroic defense of the Americans there. Mary Astor was set for "The Palm Beach Story," Claudette Colbert- Joel McCrea vehi- cle. . . . Ellen Drew and Vera Vague will support Hugh Herbert in "Mrs. Wiggs of the Cabbage Patch." • • Alexander Korda announced he would star Merle Oberon in "War and Peace," from the great Tolstoy work. . . • Claire Trevor will support Cary Grant, Jean Arthur and Ronald Col- man in Columbia's "The Gentle- men Misbehave," formerly "Mr. Twilight." . . . Another Colum- bia casting was Melvyn Douglas in "He Kissed the Bride," which Alexander Hall will di- rect. Warners placed Ann Sheridan and Dennis Morgan in "Aloha Means Goodbye," from the Saturday Evening Post story. It deals with Jap espionage at Pearl Harbor and other Pacific points. . . . Humphrey Bogart's next vehicle for Warners will be "Escape From Crime," for- merly called "The World Is Ours," in which Brenda Marshall will have the co-starring role. . . . RKO borrowed Jane Wyman from War- ners for the second feminine lead in "My Favorite Spy." Virginia Grey gets the second feminine lead in M-G-M's "Tarzan Against the World." . . . Gabriel Dell, one of the original "Dead End" kids, joins Monogram's "East Side Kids" gang Metro Shifts Booker Chicago, Dec. 30. — Don Eckman, formerly of the M-G-M Milwaukee office, has been added to the booking department of the Chicago branch. Legion Approves 7 Of Nine New Pictures The National Legion of Decency for the current week has approved seven of nine new films, four for gen- eral patronage, and three for adults, while one was classed as objection- able in part and one was condemned. The new films and their classification follow : Class A-l, Unobjectionable for General Patronage — Lone Riders and the Bandit," "Riders of the Bad Lands," "West of Cimarron," "You're in the Army Now." Class A-2, Un- objectionable for Adults — "All Through the Night," "Hellzapoppin'," "Playmates." Class B, Objectionable in Part — "Bahama Passage." Class C, Condemned — "City of Sin." Managers to Be Own Conn, Raid Wardens New Haven, Dec. 30. — Connecti cut theatre managers will be air raid wardens at their own theatres, it has been decided, instead of the original suggestion of the State Police De- partment that each theatre employ a fireman or policeman as air raid warden. Managers and assistants will be required to attend a 20-hour course under Civilian Defense Committee supervision. Release (Beast of Berlin' Producers Releasing Corp. is re leasing "Hitler — Beast of Berlin" in New York State. The film had been released elsewhere under the title "Goose Step." 41 New Films Now Shooting; 78 Being Cut Hollywood, Dec. 30. — Forty-one pictures were before the cameras this week, as 13 finished and five started. Nineteen are being prepared, and 78 are being edited. The tabulation by studios follows : Columbia Finished: "Prairie Gunsmoke," "Canal Zone." In Work : "Camp Nuts," "Blondie's Blessed Event," "Trinidad." Korda (U.A.) In Work: "To Be or Not To Be." M-G-M Finished: "I Married an Angel." In Work : "Tarzan Against the World," "Along Came . . . Murder," "The Courtship of Andy Hardy," "Tortilla Flat," "This Time for Keeps," "Ship Ahoy," "Rito Rita," "Mrs. Miniver," Started: "Mokey Delano," "Fingers at the Window." Monogram Finished: "Below the Border," "Law of the Jungle," "Western Mail." Producers Releasing Finished: "Girls Town," "Billy the Kid Trapped." Paramount Finished : "This Gun for Hire." In Work : "Palm Beach Story," "Take a Letter, Darling," "Holiday Inn," "Mr. and Mrs. Cugat," "My Favorite Blonde," "American Em- pire," "Out of the Frying Pan." RKO Finished: "Powder Town." In Work : "My Favorite Spy," "The Tuttles of Tahiti," "The Mag- nificent Ambersons." Republic In Work : "Sleepytime Gal," "South of Santa Fe." Started: "Yokel Boy." 20th Century-Fox In Work: "This Above All," "Rings on Her Fingers," "Moon- tide," "Tales of Manhattan," "To the Shores of Tripoli," "The Night Be- fore the Divorce." Started: "My Gal Sal," "Ten Gen- tlemen from West Point." Universal Finished: "Drums of the Congo," "Mystery of Marie Roget." hi Work : "The Ghost of Franken- stein," "Saboteur." Warners Finished: "Larceny, Inc." In Work : "Yankee Doodle Dandy," "In This Our Life." Service Men Free At Cincinnati House Cincinnati, Dec. 30. — The 1,200- seat Strand, downtown subsequent run, which, on reopening recently under management of 531 Walnut Corp., subsidiary of Associated The- atres, Detroit, established a policy of remaining open until 3 A.M. for the benefit of defense workers, now is admitting free all soldiers and sailors in uniform. This is the first house in this area to have established either policy. I 6 Motion Picture Daily Wednesday, December 31, 1941 N. Y. Critics Vote 'Kane ' Best Production of 1 941 Loew's Year Net Profit Up to $11,134,593 (Continued from page 1) ended last Aug. 31 totaled $128,409,879, compared with $137,590,120 for the previous year. For the more recent period, theatre receipts, rentals and sales of films and accessories totaled $124,213,557; rent income amounted to $2,431,834, and miscellaneous was put at $1,764,488 Operating and general expenses amounted to $30,983,916. The net in- come before taxes totaled $15,301,188. Federal taxes were placed at $3,747,- 298, leaving net income of $11,553,890. Minority interests' share came to $419,297, leaving Loew's, Inc., share of net income at $11,134,593. Surplus, Assets Shown The consolidated earned surplus ac- count showed a balance at Sept. 1, 1940, of $58,715,616, and a balance at Sept. 1, 1941, of $59,017,813. The con- solidated balance sheet showed cur- rent assets at Aug. 31, last, of $77,- 563,845, and total assets of $164,153,- 031. The statement points out that the balance sheet shows $8,233,603 in for- eign countries, other than Continental Europe and the Far East, chiefly in England, subject to export restric- tions. Thus far, $2,440,000 has been received to Dec. 26, last, and an addi- tional $2,336,000 is due by arrange- ment with the British Government within four months. Net assets in all foreign countries other than Conti- nental Europe and the Far East amount to $18,910,633. Common Stock Options Of the 4,000,000 authorized common shares, 48,492 are reserved for options to an officer in connection with a per- sonal service contract, the statement says, exercisable at $40 per share. The redemption on next Feb. 16 of all 2>y2 per cent sinking fund deben- tures, and all preferred stock at $105 plus dividends, on Feb. 15, is noted in the statement. There has been cre- ated a funded debt of $13,000,000 three per cent sinking fund debentures ma- turing Dec. 15, 1956, and $5,000,000 2J/i per cent promissory notes matur- ing Dec. 15, 1946. Free Talent Plan Is Approved by AMPP Hollywood, Dec. 30. — The newly organized Hollywood Coordinating Committee for Stage, Screen and Ra- dio, official clearing house for all free talent requests, has been approved by the Association of Motion Picture Producers, following a directors' meeting last night at which Holly- wood's cooperation with the Govern- ment was discussed. Ralph Block, chairman of the Screen Writers Guild War Emergency Com- mittee, left today for Washington to coordinate the efforts of the screen writers with Federal agencies and ob- tain necessary information. Universal Signs Cline Hollywood, Dec. 30. — Universal an- nounced today it had signed Eddie Cline to a director contract. He will make "Wake Up and Dream." (Continued from page 1) for his megaphoning of "How Green Was My Valley," runner-up picture to the winner. Welles will receive a bronze plaque at a private dinner which the film reviewers will give on Jan. 10 at Leone's Restaurant. The cocktail party heretofore held on such occa- sions will be dispensed with because of the war, it was officially stated. Arrangements are now being made, however, to broadcast the presentation of the awards. No Foreign Film Award No award was made for the best foreign film nor was any "special recognition award" made. "Citizen Kane" won on the sixth ballot, 10 out of 18 votes being cast for the picture, after the two-thirds rule was dropped automatically fol- lowing the fifth ballot. The voting took place Monday afternoon in the private dining room of the New York Times. Cooper won on the first ballot. Miss Fontaine won two-thirds major- ity on the fifth ballot. Although "Two Faced Woman," Columbus Theatre Wins Two Appeals Fred Rowlands, Columbus, O., ex- hibitor, won two arbitration appeals, each involving a seven-day reduction of clearance for his third-run Parsons and Main theatres, in decisions by the national appeals board made public here yesterday, which reversed dis- missals by arbitrators who heard the cases originally. Both of Rowlands' complaints named all five consenting distributors and competing houses operated by J. Real Neth Theatres Co. Both the Parsons and the Main kad 52 days availability after Columbus first-runs, while Neth's competing Markham and Eastern had 30 days' availability after first-run. Rowlands' complaints were dismissed by arbitrators who found the clearance involved to be reason- able. Adjust Schedule In reversing the arbitrators, the appeals board emphasized that third- runs in Columbus which were not in competition with Neth houses were given an availability of 45 days after first-runs and, accordingly, held that the same availability should apply to theatres which were in competition with Neth. The awards reduced the availability of the two Rowlands houses from 52 to 45 days after first- runs. New Clerk Is Named At Cincinnati Board Lorenz Lemper has resigned as clerk of the Cincinnati arbitration tribunal and J. Vincent Aug, former- ly with the City Solicitor's Office, Cincinnati, has been named to suc- ceed him, American Arbitration As- sociation headquarters here revealed in an announcement yesterday. the new M-G-M-Greta Garbo picture, opens only today on Broadway, it was revealed nevertheless that Miss Garbo was among those who received votes for the "outstanding actress award" on the fifth ballot. Eighteen Critics Vote Sixteen reviewers from metropoli- tan New York daily papers partici- pated in the voting in person while two were represented by proxies. The 16 included Cecelia Ager, PM ; Howard Barnes, Herald Tribune; William BoehneL, World Telegram; Kate Cameron, Daily News; Her- bert Cohn, Brooklyn Eagle; Bosley Crowther, Times; Wanda Hale, Daily News; Louise Levitas, PM; Dorothy Masters, Daily News; Leo Mishkin, Morning Telegraph; Rose Pelswick, Journal-American; David Piatt, Daily Worker; Edgar Price, Brooklyn Citizen; Thomas M. Pryor, Times*; Theodore Strauss, Times, and Irene Thirer, Post. Robert W. Dana of the Herald Tribun-e, and Archer Winsten of the Post voted by proxy. Mishkin is president and Cohn secretary. Stamps as Change In Great Demand Chicago, Dec. 30.— Over $500 in de- fense stamps has been given in change to patrons of the Indiana-Illinois The- atre circuit in the past 10 days, ac- cording to Jack Rose, executive of the company, and the plan is going over big. "When we started," he said, "we gave ea^h theatre a $15 fund of stamps figuring there would be small response, but since putting the idea into opera- tion we find it hard to keep up with the demand and have run short of stamps on several occasions." All the circuit's 15 houses run a trailer telling the patrons to "Remember Pearl Har- bor" and to accept the stamps in change. Give Defense Stamps The Casino Theatre in the York- ville section is distributing defense saving stamp books with the first 10-cent stamp included, gratis to patrons. Studies Plan to Dub Korda Films for S.A. The advisability of dubbing Alex- ander Korda's productions in Spanish and Portuguese for the Latin Ameri- can market will be studied by Steve Pallos, Eastern representative for the United Artists producer, during a six- week visit to the principal Latin American countries. Pallos sailed for Rio de Janeiro last night. He will also make ar- rangements for South American openings of Korda's new production, "Jungle Book," while on the trip. Abandons Theatre Plan York, Pa., Dec. 30.— Charles R. MacDonald, operator of the Southern, announced abandonment of plans to construct a second theatre at suburban North York, because of inability to procure materials. Bioff, Browne Sued by Para. For $100,000 (Continued from page 1) and Warners. While no exact ac- counting of the total sums paid the union officials was developed at the. trial, Bioff testified that it might havU been as high as $2,000,000. v An aftermath of the trial was the filing of numerous stockholders' ac- tions against the four companies for accountings of the sums paid Bioff and Browne. Metro Will Resume Forums Next Month (Continued from page 1) the Coronado Hotel, St. Louis, Jan. 15. The company's first forum was in Columbus late in November. H. M. Richey, assistant to William F. Rodgers, Loew's vice-president and general sales manager, will conduct both forums. Speakers at the forums will include Joseph X. Gooris, Western manager of the bu- reau of advertising, American News- paper Publishers Association ; Besa Short, head of Interstate Circuit's short subjects department; William R. Ferguson, M-G-M exploitation manager; Edward Salzberg, Blue- field, W. Va., exhibitor, and M. L. Simons of the Loew's home office. Leaders to Attend R. X. Williams, president of Tri- States MPTO, and M. A. Lightman, president of Malco Theatres, will sponsor the Memphis forum. Fred Wehrenberg, president of the MPTO of Eastern Missouri and Southern Illinois, will sponsor the St. Louis session. John E. Flynn, M-G-M Cen- tral division manager; Harris Wolf- berg, district manager; John X. Quinn, St. Louis branch manager, and Irving Waterstreet, M-G-M local exploitation representative, will attend the St. Louis forum. Burtus Bishop, Jr., district mana- ger; J. Frank Willingham, branch manager at Memphis, and Todd Fer- guson, exploitation representative, will be at the Memphis forum. Pressburger Goes To Coast on Friday Arnold Pressburger will leave for the Coast on Friday to prepare his next film for United Artists release. Pressburger said yesterday that his next picture will be selected from several properties. One of these is a French musical which he intends to produce in the near future and an- other is an original story of the ex- periences of an American Jew in the present war. Baltimore House Opening Baltimore, Dec. 30.— The Roslyn, Baltimore's newest downtown, first run theatre, will open Jan. 16. It will be operated under the direction of Louis Schector and Leon Zalis, who also have the Times and Roxy here. Alert, InteWgea to ther^tion Picture Industry MOTION PICTURE DAILY First in and Impartial OL. 50. NO. 127 NEW YORK, U.S.A., TUESDAY, DECEMBER 30, 1941 TEN CENTS War Effort to Occupy N.Y. Legislature Opens Jan. 7; Little Film Legislation Seen By RICHARD J. CONNERS Albany, Dec. 29. — Prosecution of a successful war effort is the major concern of the 1942 New- York State legislature, which con- venes Jan. 7 to hear Gov. Herbert Lehman's annual message. The mo- tion picture industry has alread; indicated its enthusiastic suppor^ measures designed to aid in tl^j tional effort at home and and the feeling exists hibitors particularly wi real interest in legislat, While legislative, doubtedly have (Continued Clearance Award Affects TJ^ In OakiaB! A clearance decision affecti^ tually all theatres in Oaklajj was reported to American^ Association headquarter day by the San Frar^ The decision, h^ case brought bi at re, Oakland senting coj^ ber of abolish^ figurj| ch e je Ic- 0. Hellzapoppin' On BVay as Grosses Soar Record Visitors Influx Jams Show Places By SAM SHAIN £xtra planes, extra trains, extra |es thousands of private |re bringing thousands ;w York for New ■^ortation firms \ I Trade Q Laiii lishmej mentj tli« J OPi S hi Zell Today OdU(1 arrivt • rAd the p Monday o* \\d^#IATS'E ; litembet and Coast when J e reached. Th^ ended with aij jlied with only U\~ jdio locals arfd weH jrred to New York M the major companies'; 'pate and make final dl Studio Photographer 1ATSE is contempt yrtion" in its effort diction over all si ers, and plans to |J at next week's York that they j (Contiml Albany II Sets I'j ■ lis: A Mayfair Production • A UNIVERSAL RELEASE • A Hellzaprofitin' Booking! 8 Motion Picture Daily Wednesday, December 31, "1941 Off the Antenna LOUIS RUPPEL, CBS director of publicity, will accompany Edward R. J Murrow, chief of the network's European staff, on part of the latter's lecture tour through the country. The first stop will be in Boston next week. • • • Purely Personal: Ralph J. Glea-son, formerly with "Printers Ink," has been named CBS trade news editor to succeed Robert Gerdy who joined the staff of the Office of the Coordinator of Information. . . . Charles S. Holbrook has joined the NBC-Blue sales Staff. . . . Red Barber has been selected by the National League as commiienta'tor for "Safe At Home," the League's annual film, and Bob Elson has been selected by the American League for "The Ninth Inning." . . . Edith Dick has been named assistant general manager of WWRL. Dudley Connolly has been made program, director; Walter Kaner, director of publicity and promotion, and Fred Barr, night Studio manager. . . . Raymond Gram Siving, Mutual commentator, will move to Washington Jan. 12. . . . Florence Smith has joined the WFIL sales staff. • • • With the days growing longer, daytime stations which are required to go off the air at sundown will gradually start to increase their time. An extra half-hour will be added to the daily schedules of such stations on Jan. 1, with further increases until July. • • • Frank N. Stanton, CBS director of research, and Paul F. Lazarfeld, director of the office of radio research of Columbia University, have just pub- lished a new book, "Radio Research 1941." It is planned as the first of a series of yearbooks on radio research with Stanton and Lazarfeld as permanent editors. Subjects covered in the first issue are "Foreign Language Broad- casts over Local American Stations," "The Popular Music Industry," "The Radio Symphony," "Invitation to Music," "Radio and the Press Among Young People" and "Radio Comes to the Farmer." • • • Program News: Cities Service, the oldest network sponsor in radio, has renewed its concert series over NBC-Red for an additional year, effective Jan. 30. . . . Weather reports have been cancelled on WHN's "Let's Go Ski- ing" program but disclosure of the snowfall at the various resorts is still permitted. . . . "Saturday Night Serenade" will be heard over W ABC begin- ning Jan. 17 when Pet Milk enlarges the CBS network for the show to 57 stations. . . . Phillips Chemical has renewed "Waltz Time" over 61 NBC-Red stations. . . . Feigenspan Brewing will sponsor Red Barber over WOR in a five-times-weekly sports review 9:15-9:30 P.M. beginning April 9. His present thrice-weekly contract for the Same sponsor expires Jan. 6. . . . Pabst Beer will sponsor the Chicago Bears-Pro All Stars football game from the Polo Grounds this Sunday. . . . WOR has sold "Go Get It" to Krueger Brew- ing Co. which will start sponsorship W edneSday, Feb. 4. ... /. B. Williams Co. has renewed "True or False" over 63 NBC-Blue stations for an additional 13 weeks. • • • CBS television will present a "Visual Review of the Year," 8:15- 9:30 P.M. tomorrow. Included will be excerpts from the film, "Citizen Kane," produced by Orson Welles for RKO and winner of this year's New York Film Critics' award. Other features will be a fashion review by Saks Fifth Avenue; a television adaptation of William Saroyan's "The People With Light Coming Out of Them"; a demonstration of the "blood bank" technique; the year's three most popular songs, sung by Joan Edwards; objects of art loaned by the Metropolitan Museum of Art; a sports resume by Bob Edge; war news interpretations by Robert A. Smith of the "New York Times" foreign news department, and late war news bulletins. 'Penny a Plane' Drive on WHOM WHOM has started a "Penny a Plane" campaign on all its eight foreign language pro- grams. The idea is to have all listeners contribute a penny every time an official communique announces that U. S. forces have shot down an enemy plane. Hershl Le- vine, the Yiddish commenta- tor, suggested the idea on his program last week and en- thusiastic listener response resulted in extension to the other seven language shows. FDR Birthday Fetes Set for Washington Washington, Dec. 30. — After weeks of indecision due to the war, plans were announced today for the regular observance here on Jan. 30 of the President's birthday with the cus- tomary Hollywood star-studded par- ties. At a meeting of the arrangements committee, headed by District Com- missioner J. Russell Young, the green light was finally given for bringing the usual dozen or more screen players here to make guest appearances at hotel balls and downtown theatres. The 1941 parties raised $54,000 for the infantile paralysis fund. Edward Arnold, president of the Screen Actors Guild, attended the ses- sion and accepted an invitation to serve as liaison officer for procurement of the stars. Arnold reached Wash- ington today primarily to consult with Red Cross officials on plans for the forthcoming Red Cross fund campaign in Hollywood. He was accompanied by Jack Beaman, of the Los Angeles chapter, and Edward Blackburn, as- sociate of Jules Brulatour. Ball Programs Cut Summer Air Slump Baseball broadcasts have had the effect of reducing the annual Sum- mer slump in radio listening, accord- ing to the annual report of the Co- operative Analysis of Broadcasting, issued yesterday. The report covers the period from Oct. 1, 1940, to Sept. 30, 1941, during which nearly three- quarters of a million telephone inter- views were made. It was pointed out that radio's loss in daytime listeners last Summer was less than half the drop found among evening listeners. The daytime de- crease, as reported by CAB, was 13.5 7>er cent as compared with a 29 per cent drop for night audiences. Base- ball broadcasts closed the season with an average rating of 13.8 per cent. These broadcasts of both major and minor league games were heard in 30 of the 33 population centers where CAB conducts surveys. Aid Waste Paper Drive Scranton, Pa., Dec. 30. — Bundles of papers, magazines or other salvage are being accepted as admission to eight Comerford theatres in this area. The action was taken as the first in a civilian defense salvage campaign here. Coast ITO Seeks Duals Elimination (Continued from page 1) lieve single bills are a possible busi- ness stimulant under these conditions. Meanwhile, the organization today issued a statement to the effect that it had been unsuccessful in attempts to obtain a general modification or re- duction of rental terms from major distributors since the war began. Most companies answering tele- grams, the statement indicated, replied that they would be "glad to endeavor to solve each exhibitors' problem in- dividually, but that they would not consider granting general modification or reduction to meet the present emer- gency." The ITO statement declared that the consent decree "has very substan- tially increased rental prices" without a remedy to exhibitors. Capital Grosses Off Slightly in Blackout (Continued from page 1) theatres in the District of Columbia, marquee and lobby illumination was completely shut off and each staff member of every theatre fulfilled duties assigned with respect to crowd handling, preventing patrons from leaving during the period and keeping the performance moving smoothly. Those who cooperated in facilitating the blackout drill were Roland Rob- bins, Trans-Lux ; Sidney Lust, Lust Theatres ; Gene Ford, Loew's ; Hardie Meakin, RKO Keith's ; Louis Bern- heimer, Bernheimef Theatres ; Abe Lichtman, Lichtman Theatres ; L. Wimen ; Edmund Plohn, National Theatre ; B. Ferber, Gayety Theatre ; E. N. Reed, Harry Lohmeyer and Harry Anger, Warner Theatres ; Harry S. Brown, Republic Pictures ; Dan Peck, electricians ; Tom Read, projectionists ; and C. T. Trundle, stagehands. Short Subject Review "Cavalcade of Aviation" ( Universal ) The idea of a cavalcade of aviation, with its timeliness and wide appeal, is an excellent one, and as developed in this short subject by Thomas Meadegr and Joseph O'Brien, the producers, is a fine subject. Although some or"^ the scenes depicting the highlights in the history of aviation have been seen before — such as Lindbergh's takeoff for Paris, the burning of the Hinden- burg at Lakehurst, and the like — their presentation with continuity and in chronological order takes on new in- terest. The chronicle begins with the Wright Brothers at Kitty Hawk, N. C, and Byrd, Chamberlain, Ear- hart, Elder and others important in the development of aviation are shown along with shots of outstanding events, leading up to the importance of air power in the present war. There is, too, some amusing footage on experi- ments in aviation by radical inventors. Running time, 19 minutes. Release, Dec. 31, 1941. 16mm Showing Held Copyright Violation (Continued from page 1) in residences or such places where there is no admission charge but such films may not be shown in public the- atres, auditoriums or any other places of assembly where there is either di- rect or indirect profit" Herbert Silverberg, attorney for Festival, said several other actions are pending over the Festival-owned Chaplin films and added that, under the court's ruling, various jack-rab- bit shows in the Midwest may be stopped from using other films. The ruling also applies to church charity shows, according to Silverberg. Kohn had been operating the Movie Parade with revivals of important silent films for several years. Festival charged in its action that its contemplated re- vival of Chaplin shorts had been damaged by Kohn's exhibition. Chap- lin films involved in the action were "The Adventurer," "The Vagabond," "The Fireman," "Behind the Screen," "Easy Street" and "The Immigrant." Mutual Intervenes In FCC-Web Action The Federal statutory court which will hear the suits of CBS and NBC against the FCC to restrain the com- mission from enforcing the new net- work regulations yesterday granted the petition of Mutual for permission to intervene in the suit. Mutual will be added as a defendant. The hear- ing on the injunction will take place Jan. 12. Dismiss Plagiarism Suit Federal Judge John C. Knox has dismissed the plagiarism action of Beatrice M. Gottlieb and Bertrand Robinson against Warners for failure to prosecute. Suit claimed infringe- ment of an original story, "It's Your Fault," in the Warner film, "Racket Busters." HAILED ALIKE The Roxy's tenant, "Re- member the Day," broke all rec- ords for that theatre since its open- ing in 1927 when 89,749 persons paid a total of $58,858 during the four days ending Sunday night* The mark topped the previous rec- ord holder, "Alexander's Ragtime Band," by $4,748. AS THE GREATEST GROSSER EVER! And — the mightiest grosser for this week is "Remember the Day/' which with the usual Roxy Theatre's stage show, is running full speed into a new house record of about $100,000, since this theatre embarked on its present presentation policy. The picture will shatter the mark set by "Alexander's Ragtime Band". : Motion Picture Daily DECEMBER 30, 1941 'Gesture' Is Strong Among this week's Broadway champions is "The Shanghai Gesture," which is doing as great a business at the Astor Theatre as any film which has played there. Just capacity — that's all! It's been S. R. 0. since opening. THE Gestured L;4stor> "The ql $1?>000 if ,lflrstfour e*ces *M0 £°,v! *-» const first record Hut, week. for an the all. th to which time eatre. ■ I