RADIO SCREEN STAGE PRICE Publlihed WMkly at iH Wait 48th' 6tmt,'N«.« T6Tk,'N.VT» by '.Variety,, ina Annual anbKrlptlon, tli), B1d(I« eopM IS oenta. Enterad aa aecond-elaaa matter Dscerabfr ^t,- ItOS, at tll6 Pogt Oftica at Naw Tork. N. T., undar fot-ol Uaroli I, liTt. ' . COrrBIOHTr BT.TABJgiyy, DtO,^ AIX BICHTfl BESKBTBD. • , VoL 133 No. n NEW YORK, WEDNESDAY, MARCH 1, 1939 66 PAGES Atldnsoa Walk, Lockridge Top N. Drama Critics in Agency Importance From ■ ticket broker stuadpolnt th« three most Influential- New Yoric legit critics are Brookr Atkinson, of the Times; Richard- Watts. Jr» of the Herald-Tribime, and Richard Lock- ridge, of the Sun. It's pointed out that other critics, Including those on magazines, and the various column- ists, commentators^ etc^ have a sec- ondary effect, but that the above- named three exert the most imme- diate force. According to William IiIcBrlde, of the McBride agency, a favorable review from Atkinson or Watts brings an instantaneous flurry of calls for tickets as soon as the office op'ens in the morning. Approving no- tice from Lockridge draws a similar flood of orders during the late after- noon and early, evening. lIcBride explains that the com- parative failure of the other review- ers to be felt at the b.o. Isn't a re- flection on their critical ability, but simply results frotn the fact that their papers haven't the 'class' cir- culation of the Times, Trlb and Sim. Or to put it another way, the ma- jority of theatregoers who patron- (Continued on page 54) bdiar and Brisson's International Theatres For Paris and London Paris, Feb. 28. Paris will have an International theatre. In name at least, if the plans of Ernst Lothar, Viennese writer, critic and theatre director, pan out. Director of the Joseph theatre In Vienna, and a victim of the ansch- luss, Lothar has setUed In Paris with his wife, the actress, Adrienne Gessner, and is presently sounding out the town. His idea Is to present to' Paris audiences where possible the best international hits of the year regardless of where they orig- inate. Brisson's Int'I Theatre liOndon, Feb. 28. Carl Brisson, Danish musical com- -cdy stari- is planning-to' establish an International theatre here. His idea is tc present plays, to be changed monthly, by world-famous authors. Legit Clacqnes? First nlghters at the Broadway premieres during the past month or so strongly suspect that claques are J>eins employed. It's been noticed that some amount of cheering fol- lows the final curtains and ob- servers believe It's comhig from plants. The bravos have been emanating chiefly from the rear rows. '39 Hilarity Axiom going around in the ex- ecutive end of Broadway show biz is to the effect: 'It used, to be a lot of fun to make money; nowadays. It's a lot of fun for a business man it he breaks even.' FEMMES DO N. Y. FOR COLLEGE CREDITS Stevens College, of Columbia, Mo., will have 520 of its girl imdergrad- uates in New York this weekend (4) for a five-day round of the opera, legit theatres and night clubs, \?lth the tour coming under the head of extra-curricular education. Barry Kolloway, former NBC p.a. and now doing a similar chore for the college, was in last week making the w- rangeihents. This is the Institution where Maude Adams has been giving a course in dramatics and where Sheila Barrett delivered a series of lectures on the art of the diseuse. MASQUERS FRAME AIR SHOW, COLLIER AS M.C. Hollywood, Feb. 28. Masquers, Coast counterpart of the Lambs club, have of a sudden become radio conscious and a committee is at work to see if a plan for a show of their own Is feasible and if there are any loose sponsors lying around. Checkup of talent revealed that there is more than enough to go around. If It comes to a head, Willie Collier will m.c. Charles Vanda, brother Masquer, is slated to produce. Dave Thompson, committee head, is anxious to get started and have a series in shape for summer replace- ment of one of ihe biggies. Success of Screen Guild show for Gulf is said to have awakened Masquers to the vast possibilities of radio. Fairbanks, TJnltd. ■ Salt Lake aty, Feb. 28. The Fairbanks family, reputedly listing among other w.Ic personages the film stars, Douglas Sr. and Jr., Saturday (25) incorporated In Salt Lake county. Formal tag of the non-profit cor- poration, formed for 09 years, is the Fairbanks Family of the West No. 1 Gayway Grosser la Undraped Sideshow — Snake Show and Ripley Also OK B.O. — Expo Grabs Almost 500,000 Payees First Week PEELER WOOS N. Y. San Franciscoi Feb. 28, Frisco exposition attendance the- first seven days, exclusive of pass^, totaled 452,393; Approximately 40,- 000 kids attended the Fair on dime day, Washington's Birthday (22). Top draw on the Gayway (mid- way) is Sally Rand's Nude Ranch, which grossed $40,000 In eight days. CUfl Wilson's Snake Show has played to over 0% of fair's total attendance at a dime a head. Robert Ripley's Oddltoriimi with a $3,500 weekly nut grabbed around $8,000. Infant In- cubator concession took about $5,000. 'Cavalcade of Golden West,' expb- financed specta'.-le, is a slow stai'ter, i'ust about made its nut which is 1,400 a day. N. T. DIeker Sally Rand may go into the New York World's Fair, having conferred Monday (27) with Maurice Mermey, director of concessions, and John Krlfflsky, director of entertainment She outlhied several ideas which will be considered by the exposition's amusement board in the next few days. ' Miss Rand was taken on a tour of inspection of exposition grounds. She planed back to the Coast Monday night ' She has her own D(n)ude Ranch operating at the San Fran- cisco fair, but this would not inter- fere with her personal appearances at the N.Y. expo. Shortly before leaving for Frisco Monday (27) night Miss Rand was served with papers in a If- su- preme court suit by Billy Rose charging that her (D(n)ude Ranch at tb S. F. expo is an infringement of an idea owned by Rose, and put on by him at the Fort Worth Texas Centennial in 1936. N. Y. Fair's Handling Of the Press WiU Be Host Elaborate Details for handling the press at the New York World's Fair have been worked out by Perley Boone, exposition's advertising - publicity chief; Grover Whalen, president of the fair, and a committee represent- ing New York newspaper men. Writ- ers and photographers covering the fair will have a full floor in the re- (Continued on page 55) SlunvoodOJLV Early FUiig Of 'Abe' as Trafler fw Demooracy Quick Poison iicho Marx, reputedly al- f'fo Columbia pictures, was steered into' a Hollywood pre- view party and, of all things, it happened to be a Harry 'Cohn special. No sooner was the ini- tial title flashed when Groucho turned to his companion and observed: 'Drags, doesn't it?' PRIIE FIGHT'S TELECASTING IRKSEXHIBS London, Feb. 28. British .exhibitors are jittery over what the newspapers regard as a highly successful televising of the Eric Boon-Arthur Danahar flght Thursday (23), shown for public exhibition In three London picture houses. Showmen regard this as a breach of truist by the British Broad- casting Corp., but BBC states it's merely an experiment and not to be regarded as a precedent Understood Gaumont-Britlsh, using the Baird system, paid $5,000 for the television rights and $1,250 for the newsreel rightq. Jack Davis re- ported having paid $1,000 for visio rights to his one house, using the Scophony system. Likelihood Gaumont will float a stock issue on the Baird system. New slant on permit given to G-B to televize the Boon-Danahar flght is that boxing promoters see In this a possible way of raising bigger (Ck>ntinued on page 2) ROCKEFELLERS TO EASE ALL AGENTS OUT OF R.C The Rockefellers put the frown on the talent agents occupying Radio City, particularly the RKO Bldg. It's now made plain by the K.C. rent- ing agents that no more talent reps will be rented space in any of the development's structures. What's more, those agents now occupying office space will have to move when present leases expire. Reason for the present and future ban on agents is, according to offi- cials, that an undesirable element (meaning actors and musicians) are cluttering the buildings' corridors and elevators. It's giving Radio City a very cafeteria flavor, th6y say, whereas the Rockefellers want to keep R. C. in the uppercrust class. Robert E. Sherwood has decided to permit release of the fllm version of his play, 'Abe Linc9ln In iUinois,' next October. Reason Is that ha believes the International situation is too serious for. Lincoln's sen- , timents about democracy to be with- held from the sci^een's vast world audience. Decision Is seen likely to cost the dramatist upwards of $100,- ()00 in royalties. . ■ Sale of the playts film rights to Max Gordon Plays and' .Pictures^ Inc., for $275,000 is set as reported here foUr weeks- ago. Only impor- tant changes in the deal are the ear- lier release date,'and"{he decision to produce' the picture oti the Coast instead of on Long Island. As stated before, RKO will participate in th* financing of the screen rights' pur- chase and the production budget a* well as distribute the picture. Be- sides doing the adaptation, Sher- wood will okay the choice of di- rector. Previous plan had been to withhold release of- the fllm until the play had exhausted ..its run on both Broadway and the r^ad. Now flgured on producing ttie picture this sum- mer, using' Rayiootid Massey in tha lead and a- number 'of the original cast then resumlpg the run at tha Plymouth N. Y. Instead of sending out a rdad company, as first planned, the idea is to send the present com- pany on tour when New York busi- ness slackens. Since release of tha fllm In Chicago will be delayed until April of next year, an extended run of the play there is indicated. Although It Is thought likely that the original company would not ba hit so much by- a screen version (Continued on page 20) Jitterbug Turnover Creates a New Kind Of Giveaway for Kids House managers' trouble in cop? ing with the jitterbug trade is get- ting more acute lately. The Fox, Philadelphia, with Artie Shaw's band as the current attraction, is resort- ing to a trick to stop kids from staying for two and three shows. It's giving away pennants with Shaw's picture to youttgsters who stay for only one show. .. In' New York, complaints from pa- trons forced to wait too long for seats resulted in management pleading for a break from the stage of the Strand, last week, where Kay Kyser holds forth. Americanism Stuff 'American Way* candy bar is to be put out by Charms,. Inc. Already bought rights to the play title. Hershey is putting small Ameri- can fiags in all candy bars. After collecting a hundred, buyer can ob- tain a real sUk flag. VARIETr PICTURES Wednesday, Marcli. I, I939 Baird Visio to Enter U. S. Dnring N. Y Jain WiU InM Theatres Baird Television, in which Gau mont-British holds a controlling in terest, announced it was making plans to enter the television field in the U. S. last week. Announcement by Ian Javal, commercial director of Baird, was tied in the revelation that Gaumont-British equipped three London theatres with television ap- paratus and successfully showed 75 minutes of the British lightweight flght (of Feb. 23) on theatre screens. Javal said negotiations have been ■tarted to acquire a Broadway thea- tre for showing Baird television dur- ing the New York World's Fair. Scale of prices not revealed, but it was explained that programs shown oa theatre screeh would be furnished by the Baird transmitter and port- able television outfit It was not ex- plained how FCC approval was go- ing to be obtained for this. Great Britain Is ahead of all coun- tries in television, according to Javal. He said that there were about 2,000 gets in use in England at the present time, with about 40% of these Baird cets. It was explained that the success of the Baird large screen had decided Isidore Ostrer, head of Gaumont- British, to equip the full G-B circuit o< about 400 theatres with television as soon as possible. Javal said that Baird Intended to manufacture tele- vision equipment in this country, and that first test equipment would arrive in N. Y. in a few weeks. . Baird theatre television screen is 12 by 15 feet in size. Although the system uses a cathode-ray tube, it is actually smaller than those on many hmne sets, the giant image being ob- tained through an eiriiorate system of optical lens enlargements. Par-DmnoBt's Visio Trailers; Ldnnans' (1,000,000 Bond Issue Coincident with decision to ex- ploit Paramount pictures through spedally-produiicd television trail- ers, it was reported yesterday (Tues.) that Lehman Bros.,' down- town banking house, had under con- sideration a prospective bond issue of $1,000,000 for the Allen Dumont Television Co., of which Par is a 50% owner. Bonds, if and as issued, would be cwvertible into stock un- der certain conditions. .Announcement yesterday afternoon (Tues.) concerning special trailers for televising that would, be in the nature of merchandising Par prod- uct came from Nell F. Agnew, sales V. p. Two Par pictures now being figured as starters are 'Union Pacific' and 'Midnight' Dumont ^has. a license covering an experimental transmitter at Mont- dahr, N. J., where it makes head-, quarters. This transmitter as well as other broadcasting outlets would he used for the trailers. Dumont receiving sets are now on sale in some New York stores. Hunt; Up to Bum Hollywood, Feb. 28. Hollywood players are devel- oping an inward sunburn over a quip on the air by Jimmie Fid- ler. Commenting on high-strung actors, he wound up his evening stint 'with, 'no actor could be strung up high enough to suit me.' • Some of the boys and girls of the film colony are demanding that the Screen Actors Guild hop on the radio chatterer. Mae West's Unit, As Yet Unformed, Set For Flock o' Dates Mae West comes into New York late this week from the Coast to confer with th« William Morris of- fice on the framing of a stage unit aroimd her. Unusual feature of this is that several dates, calling for guar- antees and percentages, have already been contracted for despite the fact that the show is istill only a thought ' Unit has been booked to open March 17 at the Fox, Brooklyn. This house, a straight .picture spot, is booking the West unit as a special attraction. From Brooklyn, Miss West goes to the Paramount, New- ark, and then plays the Paramount, Atlanta, week of April 8. Interstate circuit in Texas gets the unit for three weeks, opening Hous- ton April 17, with San Antonio and Dallas following In that order. Defi- nite bookings have also been set with RKO f6r the^ Palace theatres in Chi- cago and Cleveland, but the dates are stiU .tentative. Hollywood, Feb. 28. Mae West trained east Monday (27) to open a personals' tour. James Timony, her biz manager, accom- panledJ Roach's 2-Mo. Eclipse Hollywood, Feb. 28. Hal Roach lot goes dark today (28) for two months with wadiup of 'Cap- tain Futy.' Personnel stripped down to skele- ton crew imtU 'Water Gypsies' gets under way in May. LEGAL IDTEBlIEIiT Los Angeles, Feb. 28. Myron Selznick's profit-sharing production plans were officially buried with the filing of a certifi- cate dissolving Ernst Lubitsch Pro- ductions, Inc. ' Company was organized last Au- gust with LUbitsch, Selzhick, Vivian Lubitsch and Nat Deverich named as directors. Telecasting (Continued from page 1) SAIUNtiS April 26 (London to New York) Charles Tucker (Normandie). March 2 (London to New York) Godfrey Tearle, Margaret Rawlins, Anthony Ireland, Lauier Lister, Marda Vanne, H; G. Stoker, Felix Aylmer, Roger Maxwell, Desmond Roberts, Leo Genn (President Hard- ing). Feb. 25 (New York to London) Mr. and Mrs. Yehudl Menuhln, Har- riet Cohen, Richard Collet, Mrs. Moshe Menuhin (Queen Mary). Feb. 25 (London to New York) Boris Morros, Bnmo Walter, Vi Bradley (Aqultania). purses for future battles. Fee they receive from the theatres for the visio. rights would assure a healthy sum over and beyond the actual • gate. Already angling with this bait is J. E. Harding, general manager of National Sporting CHub, who plans by selling visio rights of the fight to raise $175,000 with which to tempt Joe Louis to this side. There are only three visio screens, but G-B is raring to go with bigger installations as . soon as question of further permits can be cleared up with the British Broadcasting Corp, Scophony, too, is readying to switch into the Odcon in Leicester Square as soon a it sees which way the \vind is blowing. SKEWABT-WINTEB TO WFJ) Hollywood, Feb. 28. Donald Ogden Stewart and Lenore Winter have filed notice in Ventura, Cal.', of. intention to wed.' She is widow of Lincoln Steffens. NO FORCING OF SHORTS INM As a sop to the Government mo- nopoly suit and exhib charges of unfair selling practices, shorts will be divorced from the sale of feature pix by major distribs next season, according to plans presently under discussion. Short subjects, tuder the projected scheme,, will be lifted en- tirely out of the block-booking cate- gory, each one being sold on its owa One of the results of the new pol- icy will be a slash in the number of shorts produced. At Paramount, Lou Diamond, chief of shorts production, lias already received word from his sales department that if it is neces- sary to sell each film separately, the number produced will have to be cut down. Same, it is expected, will apply at other companies. Although not designed primarily for that reason, new single-film sales policy will give all concerned a chance to study on a small ' scale the workings of such a plan. There are, of course, many more complica- tions in the feature aspect of such a policy than in shorts, but it is felt nevertheless, that the experience will be valuable if and when any of the current anti-block booking bills should eventually pass. Reports that WB, and perhaps other studios, would cut out shorts production altogether after April 15 because of the monopoly suit, have been denied. Warners regularly ceases production during the sum- mer. Shutdown this year, as usual, will take place in May or June, when production is completed on the pres- ent schedule. Others companies will go right ahead. Particularly big this season are band shorts made in the east With terrif Interest all over the country in swing, In all its forms, and the organizations which provide it, these shorts have been ■ in constant de- mand. Par stuck to the usual 15 per year it produces at Long Island, while WB has upped by five its nor- mal schedule of. 13. Just completed at Far are shorts featuring Hoagy Carmicbael and Artie Shaw. Carmichael pic, in which he batons Jack Teagarden's crew through eight of his own com- positions, will be released during the summer. Shaw flick may be held as the opener for the next sales sea- son. Diamond is currently ogUng Charlie Barnet, now at the Fa- mous Door, 52d street, N. Y., swing spot,~for his next band film. ARRIVALS (At the Port of Weto York; Katherine Brown, Sonja Henle, Marc Connelly, Lee Shubert, John Shubert, Mr. and Mrs. J. J. Sha bert, Gloria Swanson. BBC CENSUS CHECKS ON GROWTH OF VISIO London, Feb. 20. With a view to checking on the growth of visio and building a ready index to size of the field, the British Broadcasting Corp. is starting a vol- untary register of . home viewers, planning additionally a census among all receiver owners. Campaign began last week with an announcement put on the screens during normal programs, when viewers were invited to submit their names and addresses to the BBC Television Director. Also hidicated that register will be made the means of checking likes and dislikes. Other News of Interest to Films Franco seen favoring dictator countries Page 13 Lulse Rainer's London play ....Page 13 New Priestley play falters Page 13 Viennese like U. S. film origir^l.': page 13 Bob Goldstein bankrupt,. Page 25 Burns, and Allen east .Page- 25 Lasky's 'Gateway' renewed... Page 27 Skip worth package Page 27 Radio reviews: Al Jolson, Raymond Paige-Hildegarde, Johnny Green, Fred Allen, Miliza Korjus, 'Good News,' Helen Hayes, Hedda Hopper, Burns and Allen, Bob Crosby, Henry Fonda ' .Page 28 Jack Haley may go off Pagfe 30 New acts: Tony Martin, Frank Albert.^on : ....Page 42 Legit review: 'Rebellion in Shadow' (Elissa Landi). ....;....:Page 50 " ■■ ■ ■ ' ' •■ ' ■ ■ Reason Enoi^ to Stay East Murray Silverstbne, general manager of United Artists, was smitten with a new finding on hli recent Coast vlsit^^tliat almost all of the studio biihch seem aiudoui about the way their pictures open in only tbrea spots, and then the Interest seems to wane. These high spots are naturally first on Broadway; then, bow they're doing in Hollywood's back-yard, meaning Los Angeles, and the third spot is the surprise- how they fare on the Paris boulevards. No explaining the Paris thing, says Silverstone. Why It's not Lon- don, or, more logically, Chicago, the second largest key, finds no answer. This goes not only for UA's producers, but the colony in general, 'And that,' says Silvarstone, 'is the best answer why film executive headquarters will never shift to the Coast, as some proponents have hoped for, off and on. When the producers have that conception of distribution values, that's the best reason why distribution had better remain headquartered in New York, as is.' U. S. Revenue Man Amplifies On Deductable Items by Pirof essionals Two GN Sales Heads Hollywood, Feb. 28. Morris Safler and Sol Edwards were upped to temporary jobs as western and eastern sales managers for Grand National. Pair will work directly under Proxy Earle W. Hammons until he appoints a successor to Ed Alperson, resigned distribution head. Jim Tolly's Allergic; To MMy, Wben Not Aothorized; 50G Suit Jim Tully on Thursday (Feb. 23) filed a blD of particulars in the N. Y. Federal Court listing the publica- tions in which, he was stated to be connected with William K. Howard's indie production of 'Home Town' (shice retitled 'Back Door to Heaven'). Tully's bill asserts that the publicity matter linking him with the film was released by the Odessco and Paramount's publicly departments. He claims that more publicity emerged from a p.a. oflice at the instigation of Howard or Odessco. Tully claims that over 1,000 papers throughout the country printed the story. In conjunction with the filing of the bill of particulars, Tully filed a demand for a jury trial. He is suing Howard, Odessco Pro- ductions, Inc., and Paramount Pic- tures, Inc., for $50,000 charging the u^uthorized use of^Ws name in connection with "Home Town," The Master's Touch Hollywood, Feb. 28. Editing of 'Man of Conquest,' most important picture produced by Re- public, will be supervised personally by Herbert Yates, chairman of the board. Yates is vacationing' in Arizona and is due in Hollywood Friday (3) when the shooting on '(inquest' winds up. L. A. to N. Y. Edward Arnold. Mary Astor. Mel Berns. Nate Blumberg. Rodney Bush. Regina (jannon. Trem Carr. Earl Carroll. CJharles Correll. Jack Chertok. Ramos Cobian. Lester Cowan. Charles E. McCarthy, Jack Lait Laurence Olivier. Flora Robson. Ann Ronnell. Roy Rowland. James Timony. Gene Towne. . James UDman. Mae West N. Y. to L. A. Emile Boreo. Joseph I, Breen, Doris Dudley. Douglas Fairbanks, Jr. Clifford Goldsmith. E. W. Hammons. Sonja Henie. S. R. Kent. Wayne Morris. Maurice Rapf, Budd Schulberg. Milton Shubert PhyUU Welch. By H. Wayne Pierson f General Deputv Collector o/ InttTMiX Revenue) While on duty at the VAntETY of- fice during the income tax filing sea- son last year we listed the questions asked most frequenUy. To obvlato these questions this year . and to allow the Taxpayer to assemble his ■ data before coming to the Vadiett office for free a^stance, we are arranging a list . of questions- and answers that should help. Q. What are my personal exemp- tions? A. If single .or separated from wife, $l,0Od exemption (alimony or separation allowance not consid- ered). If children, $400 for each child under 18, or if mentally or physically luflt, may be over 18. Must be chiei support of child, how- ever. Others chiefly dependent; whether related or not, even though not living with taxpayer, may be considered as a $400 deduction. U married, living together, $2,500, plus $400 for each dependent Q. 'TJhat business expenses are deductable? A. Cost of accountant; autoihor. bile, if used for business; attorneyi^ fee^ if connected with profession; managers', booking agents', or brokers' commissions; costumes, ' in- cluding up-keep; depreciation on musical Instruments or stage equip- ment; dues for professional member- ships and labor imions; entertain- ment of newspaper representatives' [not Including VABiEnr muggs]; ex- penses of consultations with authors and directors; taxi fares and general expenses when playiiig benefits; ex- pense of musical arrangements; in- surance On practically all items ' but . life insurance; all publicity expenses. Including lobby displays, fan mail, theatre tickets, flowers, etc.; sub- scriptions for trade papers and mag- azines; acrobats may charge off gym- nasium expenses, if required, when laying off; all studio costs and office rental; salaries of secretary, substi- tute performers, supplies (includ- ing stationery, postage, sheet music, phonograph records and printed forms). The main items of travel- ling expenses while away from home are all deductable. They include railroad fares, hotel, meals, transfer, telegrams and telephone, tips, pass- port fees and Pullman fares. It is often the rule rather than the exception that professional people are asked to explain in detail their deductions. It is well, therefore, to keep a set of books so that all items may be audited by the Tax Depart- ment if you are called on to explain any . of your deductions. A .small cash book kept up daily ■will elimi- nate a lot of trotdile and possibly an extra assessment The tex service in the New 'York office of Vahiety, 154 West 46th Street, will be in effect from now until March 15, from 9 until 4:30 daily. The service is free, and all forms are available. WB's Talent Load HoUywood, Feb. 28. Latest checkup at Warners shows 65 players and 14 directors cur- renUy working. Personnel list car- ries 53 writers, chiefly on a week- to-week basij, with only a few on term contract. Warners plans to feature a dozen young players, headed by Wayne Morris, John Wayne, Eddie Albert and - Jane Bryan, in • "Two Weeks Vacation.* William McGann ij slated to direct the picture, based on Kenyon Nicholson's play. Wednesday, March 1. 1939 PICTURES VARIETY t FIX BIZ'S SELF-SHAKEUP 'Code Doesn't Crimp Any Producer/ Rebnttal to Wanger's Diatribe Walter Wanger's denouncement of the Hayes office production code as antiquated and outmoded brought prompt reply from other picture ex- ecutives and^ unofllclally, from Hay- slans themselves. Summary of opin- ion was that there would be ho change from the present production code and that if Wan;ger. wanted to make propaganda pictures he could do it today under the code, just so the films were not dirty George J. Schaefer, head of RKO, made it clear that any picture pro- ducer has the right to make politic- ally controversial pictures If he chooses, but 'he should make- them with his own money and show them In his own theatres.' Schaefer Indi- cated that such producer has no right to use stockholders' coin for propa- gandizing. Hayslans quickly pointed out that the production code does not bar propaganda but that in such cases the Hays office does not take re- sponsibility for the picture. Hays organization long has contended that It is up to the individual producer and. distributor to decide what type of film he wants to make, the FCA officials merely advising what may happen to certain films In specific territories when completed. 'If a producer has an axe to grind. It is merely a question of whether he can get the money necessary to instill his ideas into a production,' one Haysian said. 'Such pictures •ometimes play to empty houses be- cause after all the public Is Inter- ested in being entertained — they want no lectures or morals taught to them by the screen. I think that is fhe principal reason major com- panies don't make outright propa- ganda pictures; they don't like empty theatres.' DIeta««r SensltiviUes As to the question of making anti-dictator productions, Hayslans pointed out that much of the foreign market has to be considered. It Is not Just a question of losing the Italian and German market but los- ing out in Roumania, Cliina, Japan, most of Central and South America, Mexico, Turkey, the Near East, Poland and numerous other nations where dictator forms of government txlst One foreign department executive was dubious if anti-dictator films would be tolerated even in the Brit- (Continued on page 38) New Condor Reorg Plan Los Angeles, Feb. 28. Hearing on reorganization plan for Condor Pictures is set for April 3 before Federal Judge George Cos- grove. Submitting the plan is a committee composed of R. S. Rodgers, Paul Atkinson, Simeon Aller, Consolidated Film Industries and Smith & AUer. Company was organized in De- cember, 1936, and went into 77B in November, 1937; PAR^S 500G PAYOFF ON $1388^68 SUITS Settlement of two suits aggregat- ing $1,388,368 for $500,000 by Para- mount Pictures, Inc., was revealed in the N. Y. federal court yesterday (Tuesday) when Federal Judge Al- fred C. Coxe signed an order ap- proving Special Master John. E, Joyce's report and OKd the deal, which was approved by the Para- mount board of directors. ■ The first claim was for $786,255 by Prudence Co., through the City Bank Fanners Trust Co., as trustee of Prudence Bonds Corp.'s first mort- gage collateral bonds, seventh series. This claim was based on a lease guaranteed by Paramount on Flor- ida theatre property,' for ir^' y^^^^ from March 31, 1927, at an annual rental of $200,000. Paramount sub- leased the property to a subsidiary which defaulted. This claim will be paid off at $250,000 as of Jan. 1, 1935, by Issuing $250,000 of 20-year 6% Sinking Fund debentures. The second claim is also by Pru- dence Co., and is for $602,113. It is based on a guarantee by Para- mount of a lease on St. Petersburg, Fla.; property as of Aug. 20, 1926, for a period of 12 years at $150,000 a year. This property also was leased to a subsidiary which defaulted. It wlU be settled by the issuing and payment of 2,500 shares of first pre- ferred stock of Par, having a par value of $100. SEE ANTI-TRUST GOVT SUITS VS. CHAINS Washington, Feb. 28. The trust-busting division of the U. S. Attorney-General's office is seething with reports of a series of suits being mulled or readied against several theatre chains, all on alleged restraint charges, and all stemming from the major anti-in- dustry action currently pending in New York Federal District Court Thurman Arnold, in charge of this work. Is reluctant to divulge much, although hinting that evidence for civil and criminal proceedings has been in process of ' assemblage. Some of his aides, however, hint that the elements of U. S. purse- strings to further these actions, and manpower must l>e importantly con- sidered. Asst' Attorney-General Arnold makes light of this aspect The Justice Dept avers that it has plenty of 'ammunition,' but hasn't made up its mind as yet what to do with It New York legalists, attached to the Federal service, have hinted that rather than be faced with sup- plying elaborate bills of particulars in the N.Y. suit— as has been or- dered in the Chi B&K proceeding— the Department may take this means with a series of 10 to 20 separate suits in diverse parts of the country, all more or less stemming from the theatre restraint idea. NAT ROSS, GEO. STEVENS SET INDIE BANKROLLS Hollywood, Feb. 28. Two picture financing deals. In- volving raising of $550,000 in Wall Street were consummated this past week by Attorney William B. Jafle. One deal is for a Nat Ross film for Columbia release, starring Walter Connolly, to cost $200,000. Produc- tion starts in two weeks on this one. Remaining $350,000 is for William Stevens, who has a tentative deal with RKO to do three films In the •Dr.... Ghrlstlani. series.- -.-Einal. -conr tracts will be signed in New York this week. 'Esther' Next Biggie For DeMilie at Par Hollywood, Feb. 28. Cecil B. DeMilie retimis to the Bible for his next Paramount pro- duction, based on the Book of Esther, one of the most dramatic stories of the Old Testament 'Esther,' with a budget of more than $1,000,000, follows 'Union Pa- cific' on DeMille's slate. His last Biblical picture was 'King of Kings.' ON B.O. LULL Picture Industry Taking Stock of ItMlf— Why the Stotic Bozo£Fice 7 — Audi- ence Tastes Shifting 7— Story Appeal, 'Escapist' ThemeSf Boy -Meets -Girl, Etc STIMULUS NEEDED By SOKE WEAB In an effort to check the reasons for the static conditions of the pic- ture box offices and possibly evolve an Industry plan for ticket-purchas- ing revival, major filmdom is taking stock of audience tastes, shifting trends in story appeal and investi- gating what steps, if any, can l>e taken to revive Interest in screen en- tertainment The picture: business is asking many questions on the sub- ject Just how much entertainment tastes have changed since 1929? What constitutes an Ideal screen subject today? What is needed to obtain ad- ditional patrons? And what new methods must be employed to meet the current situation? Weekly attendance at picture the- atres in this country has remained stationary for nearly three .years. In the meantime, the nation's popu- lation has grown from about 120,000,- 000 In 1930 to 130,000,000 In the pres- ent year. Youngisters of nine years ago are rated as adult patrons today, obviously witii different tastes In en- tertaiinment from their parents. . Plctiire officials are asking if the saturation point in audience attend- ance has been reached. And if so, what are the picture companies going to do about it? There seems little doubt but that both radio and non-theatrical diversions have cut into what should have been a normal hike in patrons. SatusUMi PoiniT If the saturation point has been hit picture executives are beginning to realize they must adjust their pro- duction sl^ts. Added factor is that the returns from the foreign market remain doubtful and cannot be re- lied upon for any scientific percent- age of revenue per picture, as was possible to estimate heretofore. With the industry built basically on the theory of continued expansion, opin- ion appears unanimous that new methods or changes must be made to appeal more to the public. After all, the only excuse for $1,000,000 or more costly productions has l>een that the audience constantly is ex- panding and revenue continuing on the upgrade. Criticism of the industry's prod- uct now is regarded as having brought about the Motion Pictures' Greatest Year campaign, being in part an answer to this new critical attitude on the part of the public. The film business has discovered that this same public Is shopping about for Its entertainment. Entire problem is one which has not been overlooked by the Hays or- ganization. WiU Hays pointed out nearly a year ago that experimental polls indicated that there are about -26,000(000-peopl&-over-12-years-of-age- who attend the film theatre less than Ave times annually and that there are millions more who cannot be considered as regular patrons of pic- ture shows. Fonr Thonghts On the doUar-and-cehts basis, in- dustry check indicates four possible means of handling ' the situation. One is the trimming of production costs, more difficult now than ever because of labor unions, etc. An- other is the use of more freelance artists and fewer term contracts for expensive film players, directors, writers, et al. A third suggested means is that of turning out the bulk of a year's program with low-budget (Continued on page 47) Despite Bitter Ming, Judge Bondy Indicates MO Reorg ^ Odium, Schaefer, Depinet top Men RCA and RKO In addition to the $500,000 re- ceived by Radio Corp. of Amer- ica in 1938, through sale of its RKO securities to Atlas Invest- ing Corp., under the -option which expired June 30, last bal- ance of RCA's holdings in RKO will be; converted this year lu- der tesms of reorganization. RCA is . to get 44,855 shares of new RKO preferred stock; 316,- 820 shares of new common and 555,254 option warrants for the remaining block of RKO securi- ties it still holds. FILM COS. WOO WORTHY PK MATERIAL Screen material is getting hard to find. Winter book catalogs contained little 'that was considered worth- while and as for the play market those worthy of possibilities are priced too high - or- are hemmed In with too many restrictions. Scenario editors consequently have started an Intensive hunt and are no longer sitting back waiting for agents to come to ° tbeni with literary gems on golden platters. At 20th-Fox, the company has as- signed Henry Le Cossett and Peggy Purdell of the eastern story depart- ment, under Franklyn Underwood, to woo publishers, magazbie editors, authors and agenti for an advance gander at forthcoming stories. No legitimate expense is stinted in these deliberate and frank efforts to estab- lish favorable contacts. Literary teas and social functions are regularly held several times a week. ' Companies like Paramount and Metro consider the matter Important enough for heads, of story depart- ments to play the social game per- sonally in an effort to ascertain what the publishers intend to bring out on spring and summer lists. Story buys pick up in a big way around convention time when com- panies are In need of titles to com- plete picture portfolios for their sales forces. RKO HOLDS McCAREY AS PROD.-DIREaOR Hollywood, Feb. 28. RKO has amended Leo McCarey's term deal to that of producer-direc- tor. He stays < at the studio two years, with options for two more. On each two year term he is committed to produce-direct two pictures, and to produce three others. Arrangement gives him salary and percentage of profits on all pictures he-handles; McCarey recently completed "Love Affair' and postpones his China trip to start on his new contract Imme- diately. Cliff Reid started work yesterday (Mon.) on a one-year renewal of his producer contract at RKO. First production under the new deal Is 'The Second Shot.' Despite a bitter fight on the part of the three main olqectors to th« RKO plan of reorganization. Federal Judge William Bondy oh Monday (27) stated that after reading tha submitted papers, he .planned to overrule objections and' to- confirm the .plan. Throughout the day Joseph Cohen, representing the Independent Stock- holders Protective Committee, John S. Stover, representing Ernest W. Stlm of Milwaukee, Class 'A' stock- holder, apd Nathan Rosenberg, rep- resenting H. Cassel ,8c Co., broker- age house, holders of $175,000 of de- bentures, hammered away at tha plan. Cohen, who was the first speaker, attacked the appointment of Ferdi- nand Eberstadt to . tWe board of di- rectors on the ground that Eber- stadt's committee for the .protection of stockholders ■ was financed by RCA, and had done nothing during the years the plan 'has been pending In the court Cohen asked for other representation and also stated that his committee had been promised representation by N. Peter Rathvon if they withdrew their objections to the plan. Judge Bondy, after' listening to argument pro' and cori on this mat- ter, asked Interested parties to try to get together on another selection whlc'h might prove mutually agree- able. If not Eberstadt will probably be approved as the proponents, who are for him, control over 40% of tho stock. -Stover then spoke, repeating hlg objections outlined at almost every previous hearing, and objected strongly to Floyd Odium's proposed position as chairman of the board. This objection was later overruled by -Judge Bondy, who Indicated ho would approve all directors, with the exception of Eberstadt Cant Gnarantce Underwriting Rosenberg then asked for a guar- antee from Atlas (Odium) that It would underwrite the new stock is- sue for $1,500,000 at a specified date. This was objected tj strongly by (Continued on page 22) Shearer Improved Hollywood, Feb. 28. Norma Shearer is reported Im- proved at the Cedars of Lebanon hospital after running a high fever that caused alarm. ' She was stricken last week with a bad throat Trad* Mark R«c(ater4d FOONDBD BT SIHJS SILVERMAN rnbllihed Wecklr bj TABIKTX, iBe. Sid Silverman. Praaldent. 1S4 West 4ath Street New T6rk City SUBSCRIPTION Annnal tlO PorelcD Ill Single Coplea 21, Canti VoL 133 .MO No. 12 INDEX Bills 46-47 Chatter. 63 Concert 60 Dance Bands ; 38-39 Exploitation 8 15 Years Ago 40 Film Booking Chart. , . 16 Film Reviews. 15 Forum 55 JlduscReviews... .^»^.-,-.-.-.44-46 Inside— Legit 50 Inside — ^Music 37 Inside — Pictures ....... 18 Inside— Radio 30 International News....... 13 Joe Laurie 18 Legitimate ..48-51 Literati 52 Music 37-39 New Acts 42 Night Clubs 40-43 Obituary 54 Outdoors .i 55 Pictures 2-24 Radio 25iS6 Radio Reviews. 28 Radio — International 34 Unit Review 42 Vaudeville 40-43 VARIETY PICTURES Wednesdajf March 1, 1939 (Warners Grab Otf Seven Oscars, MG Five; Capra, Davis, Tracy Repeat Hollywood, Feb. 28. That old song, 'Oscar Is. Coming to Our House,' was warbled more vol- ubly by Warners this year than by any other motion picture tribe. Seven Oscars in the Warner glee club outvoiced five in the Metro choir^ with Frank Capra and Walt Disney singing duets in the offing. It was a grand and glittering chorus at the annual fiesta of the Academy of Motion Picture Arts and Sciences, but there were a couple of two-timers and one three-timer lend- ing zest to the general harmony. Frank Capra was the three-timer, the first in King Osear's reign. His gold-plated statuette, awarded for the directorship of 'You Can't Take It With You,' is added to the twins he had fathered in bygone years to dec- orate his mantelpiece. The two-time winners were l^tte Davis and Spen- cer Tracy. Miss Davis won' her Oscar in a part that few stars would dare to ' play. She made the world understand 'Jezebel,' a feat in psychology as well as acting. Tracy played the difficult role of a clergyman and made It not «nly symbolic but human ('Boys* Town'). ■ 'Jezebel' got an extra kick by the election of Fay Bainter as the best supporting actress. Miss Bainter al- most played a doubleheader, with an honorable mention as the best player In 'White Banners.' She and Walter Brennan, who won the male support- ing Oscar, took a bow and faded out With a brief and modest thank you.' Like good troupers, they realized that the fat lines were reserved for the stars. Only Their Votes Were There It was a great night for the extras — the great American electorate who dominated the campaign, although they couldn't afford to attend the Inauguration. They were at home with their famlUes, spending the lavish outflow of wages that flooded the labor market during Academy Week. It seems the studios were overtaken with a sudden impulse for mob scenes, requiring extras. For three days Central Casting w6s overwhelmed with demands for atmosphere players. In that time there were more than 6,000 urgent Invitations to work, recalling the simple days when political candi- dates wept on the shoulders of the workingmen along about the first Tuesday after the first Monday in November. One outstanding exception to the electioneering was RKO, which may or may not have had an Influence on the outcome. RKO was the only major studio to wind up with a blank. Naturally the players held the spotlight, but other important phases . the fllin industry were given their due Oscarization. Chief of them was Hal B. WalUs, production exec at Warners, who won the Irving Thal- berg Memorial Award for his gen- eral activity in turning out high- grade pictures. George Bernard Shaw, a recent convert to the Hollywood cult, ac cepted an Oscar by proxy of the screen play and dialog for 'Pyg- malion,' filmed in England, with Meti-o getting credit on the rebound as the American distributor. Decision to Inkers Walt Disney took two bows — one for 'Snow White and the Seven Dwarfs,' which .was officially rated as 'significant.' Meaning that agi- tated ink can draw more customers than .a flock of live players. The other bow was for 'Ferdinand the Bull,' which has made beef on the hoof popular. Americanism was approved in a special award to Harry M. Warner ....in...T.efi(^3ijtion of . h^^ production of pateiotlc shorts. Paramount lilted in with a pleas- ing note as producer of the best cinema song of the year, the work of Balph Rainger and Leo Robin. The ditty is 'Thanks for the Memory,' and that's how the gang felt when the dinner ended. Tracy's Own Award Spencer Tracy had his statuette inscritted "To Father Edward J. Flanagan, whose great human quali- ties, timely simplicity and inspiring courage were strong enough to shine through my humble efforts,' and sent it on to Father Flanagan- at Boystown, Neb. It arrived there yesterday (Tues- day). Box Score by Stndios Warner Bros. Hal Wallis, Irving Thalberg Memorial Award (Special Award). Bette Davis, actress. Fay Bainter, supporting a'c- • tress. C^I Weyl, art direction. Ralph Dawson, film editing. Erich Wolfgang Korngold, original music score. 'Declaration of Independence,' two reeler. Metro' Spencer Tracy, actor. Dore Schary and Eleanore Griffin, original story. Ci«orge Bernard Shaw, screen play. Joseph . Ruttenberg, cinema- tography. . "That Mothers Might Live,' one reeler. ColmnbU ' •You Can't Take It With You,' best production. Frank C^pra, feature direc- tion. 2«tli-fax Waiter Brennan, supporting actor. Alfred Newman, musical scor- ing. Paramoont Ralph Rainger and Leo Robin, song composition. Goldwyn T. T. Moulton, sound record- ing. Walt Dtency •Ferdinand the Bull,' cartoon. The Winners WB March 13-14 Sales Convention in New York WiH Beat Other Majors Warner Bros, annual sales conven- tion will beat the gun this year, get- ting under way ahead of the other majors on March 13-14. Earliet in- tention had been to set it some time after the Grad Sears drive finishes, April 15. Action of 20th-Fox in ad- vancing date of its . convention to April 1-2 may have caused change In Warner plans. Warner sales forces will meet in New York at the Waldorf-Astoria. Gradweil Ll Sears, general sales manager, will keynote the opening meeting by announcing production of 48 features for '39-'40. Of these, 36 will be As and 12 Bs. It Is the company's intention to release two top-bracket pictures a month, start- ing the new season in September, 24 in all in this category now being planned. A recent Innovation planned by the company, designed to hasten gradual elimination of dual feature programs by production of the so- called 'short feature,* is developing into a significant part of the sales lineup. There will be 12 of these featurettes made with top directors, talent, etc. More Jobs Ulan Extras, Studios Use Up 6,000 Hollywood, Feb. 28. For the first time in months Cen tral Casting was stymied by a labor shortage, more jobs than extras. More than 6,000 were put to work in three days lost week while the studios pleaded for more. Chief demands came from Para- mount, where 'Invitation to Happi- ■ness* •required— up- -to- - liSOO- atmos phere players. Film coin to extras in February reached $253,000 for a hew three year high. Supes called for 23,500 jobs during the short month. Boom is expected to continue another 30 days. Wortzd's Two Dozen Hollywood, Feb. 28. Sol M. Wurtzel's quota for the 1939-40 program at 20th-Fox is 24 pictures, four less than previous commitment With two films In production, Wurtzel has only one more on his 1938-39 slate. Irving Thalberg Memorial Award Hal B. Wallls for his cointribution to the screen through Hobln Hood,' •Dr. Glitterhouse,' 'Angels Wl* Dirty Paces,' 'Boy Meets Girl,' 'Brother Rat,' "Cowboy From Brooklyn,' 'Dawn PatroV "Four Daughters,* 'Four's a Crowd,' 'Garden of the Moon,' 'Going Places,' 'Go\i Is Where You Find It,' 'Cjolddiggers in Paris,* 'Hard to Get,' 'Jezebel,' 'Racket Busters,* "The Sisters,* 'Slight Case of Murder,' 'Valley of the Giants' and 'White Banners.' Prodaetlon •You Can't Take It With You,' Co- lumbia. Pcrfermanees Actor: Spencer Tracy, 'Boys Town,' Metro. Actress: Bette Davis, 'Jezebel,' WB. Supporting Actor: Walter Bren- nan, 'Kentucky,' 20th-Fox. Supporting Actress: Fay Bainter, Jezebel,' WB. ' Direoilon Frank (Tapra, "You Can't Take It With You,' Columbia. Original Story Dore Schary and Eleanore Griffin, 'Boys Town,' Metro. Screen Flay and Dialog George Bernard Shaw, ' 'Pyg- malion,' Metro. (Adaptation: W. P. Lipscomb, Cecil I^ewis and Ian Dalrymple.) Art DlrecUen Carl Weyl, 'Adventures of Robin Hood,* WB. Cinematography Joseph Rutt^berg, 'Gr«at Waltz,* Metro. Sound ReeordlM T. T. Moulton, 'Cowboy and the Lady,* Samuel (Soldwyn. Film Editing Ralph Dawson, Hobin Hood,* WB. Original Mnsle Score- Erich Wolfgang Korngold, Itobin Hood,* WB. Scoring Alfred Newtnan, 'Alexander's Rag- time Band,* 20th-Fox. B«s( Song Ralph Rainger and Leo Robin, ■Thanks for the Memory,* from 'Big Broadcast of 1938,* Paramount Short Subjeots One Reeler Tliat Mothers Might Live,' Metro. Two Reeler: 'Declaration of Inde- pendence,' WB. Cartoon: 'Ferdinand the Bull,' Dis- ney. SPECIAL AWABDS Color Cinematogcophy Oliver Marsh and Allan Davey, 'Sweethearts,* Metro. Jovenile Player* Deanna Durbin and Mickey: Rooney, Universal and Metro, re- spectively, for their significant con- tributions in bringing to the screen the spirit and personiflcation of youth, and as juvenile players set- ting a high standard of ability and achievement* Fatrlotle Service Harry M. Ylatntx, Warners, 'in recognition of his patriotic service in the production of historical short subjects presenting significant epi- sodes in the early struggle of the American i>eople for liberty.* Screen Innovation Walt Disney, for "Snow White and the Seven Dwarfs,* recognized as a significant screen innovation which has charmed millions and pioneered a great new entertainment field for the motion picture cartoon.' Special Effects Gordon Jennings and his assist- ants, Jan 'Domela,. Dev Jennings, Irmin Roberts and Art Smith, 'Spawn of the North,' Paramount > Transparencies Farlcot Edouairt, assisted by Loyal Griggs, 'Spawn of the North,' Para- mount Special Sound Effects Loren. Ryder,...assIsted...by....Harry. Mills, Louis H. Mesenkop and Wal- ter Oberst 'Spawn of the North,' Paramount Color Film Advancemeni. J. Arthur Ball; Technicolor execu- tive. Mnsio Hall to Grand Opera - The first appearance of JanPeerce, Radio City Music Hall's tenor, in grand opera in New York will take place at the Academy of Music, Brooklyn,, March 25, when he will shig the Duke in Verdi's 'Rigolet- to.' In the same cast with Peerce will be Robert Weede, Music Hall bari- tone, and a member of the Metro- politan Opera Co., in the Utle role. Britidi Frrn s Damage Action Agahist IICA, ERPI R^ded as Important Stndio Contracts Hollywood, Feb. 28. Alexander Hyde signed as orches- tra manager at Metro. Arnold Gillespie drew new ticket as head of Metro's special effects de- partment Metro contracted Hariy Ruskin, scripter. Mary Taylor inked player pact at Metro. 20th-Fox hoisted writer options on Horace Jackson and Viola Brothers Shore. Cliff Edwards signed for six west^ erns at Grand National. Ellen Drew handed new player ticket by Paramount Edith Head inked new deal as Paramount*s chief fashion designer. Court okayed Metro contracts with Laraine Johnson and Mary Beth Hughes, minors.. Martin SpeUman inked five-year player pact at Monogram. Fay Bainter §lgned with Charles R. Rogers. Samuel Goldwyn handed player ticket to Margot Stevenson. Republic renewed George Sher- man's director pact Court approved Irene Dare*s con- tract with Sol Leaser. Warners lifted Maris ^rixon*s player option. WUCOX-RKO SET UNIT FOR ANGLO-U^ PROD. Tentative plan of operation for the new Imperadio Pictures was decided on between Herbert Wilcox and RKO officials before Wilcox sailed last Saturday (25) for London. British interests and RKO Radio Pictures, Inc., each will nominate three direc- tors while Dr. A. H. Giannlnl, the seventh director and neutral mem- ber of the board, will serve as chair- man. George J. Schaefer, head of RKO, who huddled with Wilcox during his thr^week stay in the U. S., is the first nomination of the picture com- pany while Wilcox is. the first nom- ination for British interests, and will serve as managing director. Tentative plan is for Imperadio to make three, or four expensive fea- tures annually In England and pos- sibly Hollywood. First is sure to be made in Hollywood, with Anna Neagle as star. Story will be picked after Wilcox arrives in Great Britain. Miss Neagle leaves London for Hol- lywood in about two weeks. Tale about Lord Kitchener will be the Initial British film. Busy Month Ahead At RKO, Seven at Barrier Hollywood, Feb. 28. RKO put two pictures in work today (Tuesday) and plans to start five more before the end of March. Two rolling today were 'The Second Shot' and 'G-Dog.' •The Girl From Mexico* rolls March 1; -The Saint in London,* March 15;. 'The Dove,' March 16; a George O'Brien starrer March 23, and '^Five Who Came Back.' March 27. Blumenthal Appeals From Par Decision Ben Blumenthal is filing an ap- peal today (Wednesday) in N. Y .5ypwme...c.oM..frm..J«KtJice..SamueI. I. Rosenman's decision in favor of Paramount which sued to enjoin BJumenthal from proceeding with a breach of contract suit against Par in England. If Blumenthal's appeal is denied (hearing comes up in two weeks), he will have to transfer his suit to American courts, a costly procedure or abandon the British acUon and' commence a new suit in this country. Santell Pilots Burns Hollywood, Feb. 28. Al Santell directs the next ]Bob Bums starrer at Paramount due to start in about three weeks. Piece Is still untitled. Wilmington^ Feb. 28, Hearings have just been' held here before Judge John P. Nields in U. S, District Court on patent suit of BriU Ish Acoustic Films, Ltd., wholly owned subald of Gaumont-British, against RCA Manufacturing Co, Inc., and Electrical Research Prod- ucts, Inc. Some $10,000,000 to $20,- 000,000 damages are alleged by Brit- ish Acoustic. Suit Is based oh two patents for Improved mechanism to feed film through sound head on projectors. Action assumed special importance as attorneys figure a decision for the plaintiffs would .mean a wide re- alignment of the whole equipment field. Arnold Poulsen, an inventor of 0>penhagen, Denmark, and Jan Cremieu-Javal of Iiondon, managing director of Acoustic, here for the trial. Metro's Tiegfehl Follies,' but Sh Abo Staging Revne Hollywood, Feb. 28. Metro will star Eddie Cantor and Fanny Brice In 'Zlegteld Follies,' budgeted at around $2,000,000. Mer- vyn IteRoj will produce the filmu- slcal, set to start grinding in August so that Cantor will be able to go east to fill a four-week date at the New York World's Fair. Bights to the titie were arranged for about a year ago, Lee Shubert and Blllle Burke making the . deal with the studio. Studio has only the screen rights to - bing, hypoed with gentle love, mad brawls for the protection of honor and 'curse you. Jack Dalton' villains has been budgeted. Action personi- fied in breechclouts, coonskin caps, chaps or miner's boots, depending on the picture, will predominate. From the Alamo to the Canadian border the boys with quick tempers and fast draws will rule the screen. 'Thar's gold In them thar reels,' and so far Hollywood has found nothing to per- manently supplant them. It is the inevitable cycle that the biz falls into when it takes a gander at what the guy next door is doing. It's a tossup whether Cecil B, De Mille with his 'Union Pacific' at Paramount, or Darryl Zanuck with 'Jesse James' at 20th-Fox revived the cycle on the 1938-39 program. It did not take long for other studios to fall In line, however. 'Jesse' teed off first and from present returns at the b.o. the picture seems destined to be one of the top grossers of the year. 'Union Pacific' is not far be- hind in cost and cast, though a long way from being ready to release. It has been rolling with from one to three units shooting since last No- vember and is now in' the home- stretch. Both the Indian and Chi- nese extras got a workout oh the picture, with many a redskin biting the dust as the Chinamen laid the ties of the first transcontinental rail- road. On the Warpath Par has three more big westerns to go this spring and summer. First will l>e 'Geronimo,' yam of the last of the great Apache Indian chiefs. The title of the picture will be changed, but the boys with the scalp- ing knives will be tiie main dish just the same. 'Buffalo Bill' will be made by Harry Sherman for Par this spring, using locations in the Jackson's Hole country, Wyo. It will be his first Class A western produc- tion of the year. Par execs admit they are looking favorably at other early western stories in order to capitalize on the. surge of American- ism sweeping the country. The third definitely slated is 'Lives of a Texas Ranger,' sequel to 'Texas Ranger' made two years ago. Fred Mac Murray and Lloyd Nolan' will play the leads, film to go this summer. RKO will put 'Virginia City' to work in the next few weeks. The title may be changed. It is a yarn of the Comstock Lode in Nevada and is one. of several such stories around the studios. It is likely that Richard Dlx will play the lead. Columbia is hof gbihg 'to' b'e left beHind.' "'Ari- zona,' tale of the Tombstone days, is getting dressed up by Claude Binyon, the scripter making his headquarters in Tucson. The original is by Clar- ence Buddington Kelland and Wes ley Ruggles will produce. It will be Ruggles' first effort for Col since leaving the Par tepee. Universal rolls 'Destry Rides Again' when the snow is off the mountain slopes, with James Slewart playing the lead. 'Destry' is a remake of the picture of that title. Republic, whose stock in trade is westerns, went overboard on 'Man of Conquest,' the life of Sam Houston. It is from 'Wagon Wheels,' by Harold Shumate, (Continued on page 20) On die Heels of die Radio Showdown, Exhibs Would Now Batde Night Baseball's Increasing Competition Mugg*s Luck Minneapolis, Feb. 28. Walt Raschicl^ Variety's St. Paul mugg, won $10 prize In Movie Quiz contest On his way to the theatre last night (27) via auto to play stooge to Sol Fisher, manager, who announced the huge haul, Raschlck isuffered a flat tire and one smashed fender. If .luck holds out, he flgures he will just about break even after everything is paid up. Hollywood, Feb. 28. WiU Wayne, who won $5,000 prize in Movie Quiz contest, is a former L. A. newspaperman now between jobs. Miriam Lundy, short story editor of the N. Y. Daily News aiid wif« of Todd Wright ('Trader* on tha News), won $500. • Helen Bernard, stenog In NBC's New York headquarters^ won one of the $1,000 prizes. ESTIMATE U'S 1ST QUARTER PROFIT 250G Universal'! first quarterly report for the company's fiscal year, which began last fall, will be out In about two weeks, according to latest es- timate. This first three-month report on earnings is expected to show net profit of approximately $250,000 for the period ended Jan. 31, last. Earn- ings are ciurently estimated at even a higher rate per month than this, with expectation that tha April quarter will bring tha first six months' total up to nearly $600,000. Dividend of $1.75, taken from operating surplus, was declared last week by Keith-Albee-Orpheum on 7% preferred stock. Dlwy covers the quarter ended June 30, 193S. It is payable April 1 to stockhclders on record March IS. BOA'S $7,412,e7t Profit Annual report of Radio Corp. of America, sent to stockholders this week, shows net profit of $7,412,072 for 1938, or approximately $1,600,000 less than in the preceding year. Com- pany's loss In revenue Is shown by the fact that gross income dipped from $112,630,498 in 1937 to $99,- 968,110 in the past year. RCA actually made a better show- ing with Its gross Income than if did in 1936 when the total gross amounted to $101,186,310, yet the net profit was only $6,155,930 or nearly $1,300,000 less than In 1938. Radio Corp. of America declared two preferred dividends at the regular meeting of directors Feb. 24. Corporation declared the 87%e'regU' lar quarterly on the first preferred and $1.25 on the B preferred, both covering the first quarter of 1939. Both diwys afe'payaBle Apfin fo stock on record March 8. Chicago, Feb. 28. Having tasted some victory in their' battle to keep star talent off the radio, exhibitor associations are now girding for a tussle with night baseball this coming season. Circuits and indie theatres are agreed that they must work to> gether against a mutual bugaboo and have gotten together in several in- stances for the raising of a fund to battle the forces of electric light baseball. Theatres are planning to get ball fans into- the theatres by using tha sides of their theatres on which to erect electric playboards that wlU give the games play-by-play, whlla other houses will install these boards in lobbies or foyers, These latter houses then, will advertise that patrons can see and hear the ball games and yet stay for the regular picture shows for the same price. Theatres expect to plug this 'added attraction' with plenty of ballyhoo in an effort to get back some of tha coin lost heretofore to night base- ball games. Particularly will the circuit houses In the big league towns get to work on this angle, since they feel that, with the big leagues going into night games as an important item this year, the opposition will be stronger than ever. Can. Co.'s Profits Montreal, Feb. 28, United Amusement Corp., Ltd., operating 15 second-run film houses here, shows net profit for year ended Dec. 31, 1938, at $106,404, before in- come tax, against $100,170 in 1937 Net working at $144,601 represents, decline of $20,354 from previous year. £. A. Cousins, president, attributes to taxes and licenses the heavy drain on gross receipts and hopes that some relief may be obtained from briefs submitted to Tax Revision Board of the province. Par Now Also Plans To Follow Headfines For Screen Material Paramount is reported setting up a so -called spot news department, similarly to that of Warner Bros., with plans to alter the production policy for the making of pictures based on current news or headlines, Warners has followed the headlines for many years now, and has foimd the policy to be generally successfuL Such a policy for Par would place it in direct competition with WB oa pictures covering thhigs that ara happening In the news. Up to now some other companies have done this In a lesser way, hera and there turning out a picture that has been In the nature of having t>een inspired by news or other cur- rent events. Bosworth Stricken In St. Lonis on RKO Chore St. Louis, Feb. 28. Hobart Bosworth, vet screen star, who came here last week to serve as a judge in RKO's 'Gateway to Hoi- lywood' contest to select 'John Archer' and 'Alice Eden,' Is seriously ill in the Deaconess hospital here, suffering from Influenza and com- plications. While his condition has improved he is not entirely out of danger. Bosworth, who Is 72 years old, was worn out by the strain of a month's travel His wUe flew hera i.rom Hollywood. Kay Francis at RKO Hollywood, Feb. 28. Kay Francis, former Warner star, is set for the Carole Lombard pic- ture, 'Memory of Love,' at RKO. Production starts March 15 under John Cromwell's direction. FOB TflE CAUSE! Hollywood, Feb. 28. Brian Donlevy is in a Yuma, Arlx, hospital with a shoulder wound as result of being stabbed by Ray ItliU land while doing a scene on location for 'Beau Geste.' Not serious. VARJETT PIGTII1IE8 Wcdnesdajt March 1, I939 Tnple-Censorship Tangle Gives WB N. 1 Bookmg Headache On Daughter/ "Blackwell' Devils Isle A triple censorship tangle over the past weekend created an ahnost baN fling booking problem for Warner Brds. and the Globe theatre, N. Y, XOxup was one of the most unusual •ituatlons ever to come up in the in' dustry, involving the French Gov cmment as well aa tiie N, Y. State Censor Board.- - The theatre had previously booked and was scheduled to open with War- ners' 'Devils Island' last Saturday (25) afternoon. Before the morning was over, and after approximately #3,000 had been spent by the theatre In advance advertising and exploita- tion, marquee and lobby front, etc. this picture was suddenly cancelled by WB; a second picture, 'Black well's Island,' was hastily booked in and announced, only to be with- drawn also when it was discovered It hadn't been passed by the N. Y. censors. Whereupon a third plctture, 'Darling Daughter,' finally was screened, day-and-dating with the WB Strand, a block away. Having nothing else for the Globe, WB was . forced to give the house this picture. Daughter* became available finally after the N. Y. censors le-reviewed the revised edition, as detailed be- low. Last Friday (24) WiU Hays re- ceived a protest from the French ambassador in Washington against the showing of Warners' 'Devil's Island' film In the New York and Washington, D. C, territories, de- manding its immediate withdrawal from exhibition. Picture had only one date set for New York, the Globe, but about 50 dates had been booked out of the Washington ex- change. Picture ran afoul of the French government three months ago. Pro- test, advanced at that time was that the harsh treatment of prisoners at Devil's Island shown in tiie film was objectionable to that government Warners finally convinced - the French embassy in Washington that It had previously produced such pic- tures as '20,000 Years in Sing Sing,' 'Alcatraz,' 'Fugitive From a Chain Gang* and others which depict penal conditions in America, and that whaV happens in a French prison was similar to what happens, in all prisons. French authorities then withdrew their prot^ but an 11th hour about- face, last week, brought a threat of reprisals from France if Devil's Is- land' was exhibited; that the Paris government would ban Warner film in France 'and its possessions, etc. Whereupon Hays phoned Harry M. Warner on the Coast last Friday, who immediatdy ordered the pic- ture shelved. How 'Kackwell's Island' was made available for the Globe showing Without a censor seal on it is one of those things. Picture was originally slated first-run for the Strand, War- ners' Broadway house, at a future date. When 'Devil's Island' was kayoed, something had to be done quick. Warners figured 'Blackwell's Island' would get a perfunctory once- over and didn't count on any holdup of the Globe opening. Picture was therefore submitted to the Censor Board on Saturday morning, as well as to the theatre, k Twenty minutes before 'Black- ■well's* was due to open there was mam. no censor okay. Warners there- Upon arranged to play 'Darling Daughter' day-and-date at the Strand and the Globe. 'Blackwell's Island' was finally passed by the Censor Board on Monday (27) and goes into the Globe today (Wednesday). Daughter' continues at the Strand going into a second week on Satur- day (4). Joe'Breen Sat In •Daughter^ was screened for the Regents last Thursday (23) and briefs and arg— aents presented alter the showing. Irwin Esmond, who took the original initiative in having the Censor Board bar- the film argued against permitting its ex- hibition, while Stanlelgh P. Frled- ' man, of Warner Bros. legal depart- ment, Albert S. Howson In charge of censorship matters for the company, and Joseph I. Breen, head of t!ie in- dustry's production code adminislra- ' tlbn, represented the producers. Warners submitted a revised, ver- lion of the picture with further minor changes made, after the pic ture was originally screened for the regular licensing permit Charles A. Brind, Jr., of the Education Depart- ment's law division, confirmed this by stating the objectional 'week-end' interlude had been altered and nade less attractive to audiences. Picture was immediately shot into the Strand^ N. Y., on Saturday (25) for Its first showing in N. Y. State, and all newspapers plastered with a 3-column 164-llne announcement in bold 120rpt. type. The Globe, on Broadway, the same day also started day-dating it with the Strand. . New York Censor Board chopped 11 minutes from the Sacha Guitry French film production, 'Champs Elysee,' which opened at the Little Carnegie, N. Y., Saturday (25). Pic- ture is now running 89 minutes In- stead of 100. One scene eliminated was that of a man hung by the neck and roasting over a fire. Other al- legedly sexy scenes and some dialog also thumbed, out Daa^ter* Revised Albany, N. Y., Feb. 28. The action of the Board of Re- gents in granting Warner Bros, a license for a revised version of 'Yes, My Darling Datighter' was not a re- versal of Director Irwin Esmond of the State Education Department's motion picture division, department officials say. Certain publicity to the contrary notwithstanding, the film had been toned down since Esmond rejected it on the grounds a week- end interlude between a young man and a young woman was portrayed 'so attractively that It constitutes an invitation for young couples .who see the picture to do likewise— a sort of trial marriage.' During the week's postponement requested by Warners, this , part was modified to meet Esmond's main objections. Emphasis was dilfted somewhat from the character of the daughter to that of the mother (more in line with the original legit production). Neither the Regents, nor their predecessor on film appeals, Com- missioner Frank P. Graves, have yet overruled Esmond. His judgment on the censorship of pictures is con- sidered by Education Department officials as ' dependable. Court rec- ord, with no reversals to date, naturally buttresses the opinion. Not claimed, however, that he is in- falUble. Incidentally, Education Depart- ment spokesmen pooh-pooh the story that Jimmy Fldler's Hollywood broadcast on the 'obnoxious' angle of 'Yes, Darling Daughter,' made several days before Esmond gave his ruling, played any part in that decision. Said they were In- igno- rance of the air shot and of fact Fidler had commented adversely on the picture. In re: Sally Band The Board of Regents must decide wiiether Sally Rand's 'peacock dance' shall be eliminated btiCore a license is granted to Grand National Pic- tures' 'Sunset Murder Case,' origi- nally submitted and okayed, with the dance sequence excised, under the title "Sunset Strip Case.' Irwin Esmond approved a permit for 'Sunset Strip Case,' minus the diS' puted dance Dec. 12. When the film was advertised to play the Le- land, a local Fabian house, on Dec, 24, the feather manipulation num- ber was ballyhooed as part of the feature. 'Whereupon churchmen are said to have complained to District Attor ney John T. Delaney. The Albany County prosecutor relayed the beefs to Esmond and brought police In tervention. The film was yanked be- fore the first showing and another picture substituted by the Fabian management Grand National Is then said to have withdrawn the film from exhibition, put a stop order on the advertising and sur rendered the license certificate. After revision, the company again submitted picture under the title, 'Sunset Miurder Case,' according to papers at Education Department Esmond claims that the mooted dance sequence had been shifted from Reel 2 to Reel 3, ordered it scissored as 'indecent' under Section 1,082 of the Education Law. He found The dance as portrayed -COU' veycd the impression of nudity of the woman's body or, at best an inadequate covering of wide mesh More on Censors 'Vagaries of censorship, par< tlcularly in the foreign lands, are detailed in this Issue on Page 13. netting.' Charged the 'obvious pur pose was exploitation of apparent nudity.' . GN in its appeal last w^k from Esmond's ruling on cutting of dance sequence, said the censor was 'in' fluenced and prejudiced' by nation- wide publicity Miss Rand received on her standard fan dance. Miss Rand has been panned by the Cath olic press and clergymen, as well as by ministers of other denominations. The Porltan' (French) Nixed Artiiur. Garfield Hays, counsel for Lenauer International Films, is ex- pected to carry to the Appellate Division the matter of a license for The Puritan' ('Le Puritan,' In the aU-French version), thumbed down by the Board of Regents after a sub- committee of two reported that the film showed 'solicitation oh the street lewd dance halls, indecent acts of prostitution and culminates in a scene where The Puritan is ar- rested for a murder in the private bedroom of one of them.' Irwin Es- mond, head of the motion picture division, had nixed a permit for the film on the grounds it was 'indecent immoral, inhuman, sacrilegious, will tend to corrupt morals and incite to crime.' He described The Puritan as a 'religious fanatic with a sadis- tic mania.' Pa. Censors CmmUbsT PHtsburgh, Feb. 28. Old Pennsylvania board of cen- sors, with its term practically at an end and due to be kicked . out al- most any moment for new Gov. James' appointees, has been letting its hair down and making life a pleasure and a joy forever for the state exhibs. Board, usually known for its strictness, not only .passed WB's 'Yes, My Darling Daughter* without a cut but also put through Charles Boyer'a French flicker, 'Orage' ('Rage') w.ithout a single elimination. Latter was scissored plenty even In New York state. James is expected to appoint bis new film okayers within next couple of weeks, when former Giov. Earle's appointees, who are still serving, will get the air. Nix en 'Back Steeet,' Oldie Harris theatres here last week ran across cutious fact. when It tried to book reissue of U's 'Back Street' Into one of its downtown spots. Learned that although flicker was generally okayed everywhere , originally. Hays office has since refused to give it a production code seal. That's hap- pened, howiever, to flock of films turned out in olden days by major studios, but they're playing around because of fact that prints and rights have been peddled to Indie distribu- tors not associated with producers' association. DetroH OK*s Daagbtec* Detroit Feb. 28. Local film censors have given "Yes, My Darling Daughter* (WB) an official blessing, with only minor deletions, and United Detroit theatre officials are awaiting dates for local showing. They may hold it till after Easter to pick up the post-Lenten trade. Both Sergt Joseph Kollar, police censor, and Commissioner Heinrich A. Plckert who previewed flicker, okayed the. mooted bedroom scene and found only few ioinor objec- tions. ' Long Beach's Problem Long Beach, C^l., Feb. 28. City council has postponed in- definitely hearing on objections raised by theatre Interests against proposed revision of amusement cen- sorship ordinance that has been in effect here for past 20 years. Ob- jections raised to revised measure, as drafted by a Works Progress Ad- ministration project that has been modernizing all Long Beach ordi- nances, is thiat hew Taw; if 'enacted,' would give persons outside of mu- nicipal family too much leeway in bringing objections to pictures, plays and other amusements. Ordinance now names as city cen- sor board the chiefs of police and fire, the city manager, city prosecu- tor and superintendent of social welfare. Proposed new clauses would add two citizens to the board, and also force a- hearing on exhibition of ainy film or play against which a single citizen submitted a written protest Interests working for retention of present ordinance and elimination of objectionable clauses, would have a France Nixed Devil s Island* French government was dissatisfied with the completed version of 'Devil's Island.* As a penalty, the government withdrew censorship certificates fot Warner Bros, for two months. This is Intended to prevent any WB plctui« entering France or its colonies. Foreign companies get these certifloatss for a period of six months at a time, and it was not clear whether under such circumstances It would work as a handicap to Warners. One foreign official Intimated that it might keep four or five 'WB features from enterhig France for distribution during that two-month period. U such was the case. It would cut materially into distribution plans la that country. Other Industry officials believed that the French ruling would not interfere with orderly distribution since the company apparently has sufficient numlwr of certificates on hand to care for current product 'Devil's Island' deals with the French penal colony and was regarded is painting it in an unfavorable light by France. All other dates on 'Devil's Island' are befaig suspended, with picture to bb shelved due to the strong protest against it by the French. Although 'Devil's Island' went on release Jan. 7 and has played most parts of the country, it hadn't previously been ogled by French officials. A member of the French consulate saw it in Hollywood wheret^on tiie French ambas- sador asked that it be withdrawn. Picture was originally made by Warners when the French government announced it was iiving up Devil's Island, as a penal colony. After WB had produced it based on this determination by France, the government later decided not to wash itself up with the notorious penal colony. When that occurred, WB temporarily shelved the picture but later also recon- sidered and stucE it back on the releasing schedule for Jan. 7. It had been ready a month before. 'Devil's Island* Is a 'B' picture, turned out for 'WB by Bryan Foy, with Boris Karlofl heading the cast 'Blackwell's Island,* based on corruption unearthed a few years ago at Welfare Island, was pro- duced by Foy, also. Its cast is headed by John Garfield and RosMaary Lane. Release date on 'Blackwell's' is March 25 but there happened to be prints in New York Siaturday (25) when efforts were made to rush it Into the Globe. France cost Warners high potential pripflts In French territory two years ago when Xife of Zola' was kept out Since 'Devil's Island' has played a large number of dates and didn't cost much to make^ reportedly having been brought in at substantially less than $500,000, the loss that may be ultimately, sustained on this one. If permanently shelved, could not amount . to so miicii. to KO N. Y. Censors on Way, But Mich., Del and Iowa Want 'Em N. Y. State Senator Elmer F. Quinn will Introduce a bill in the legislature this wedi: to repeal state censorship of motion pictures. N. Y. Censor Board banning of 1>arling Dau^ter* and a threat to withhold an cdiibition license also on War- ner Bros.' 'Blackwell's Island' last Saturday (25) is said to have mo- tivated SenatOT Quinn's action. Censors' (Ejections to scenes of prison brutality in the 'Blackwell' film almost resulted in a repetition of the 'Darling Dau^ter' incident Picture, finally got by when Warners convincied the board that the pro- duction was' authentic In every re- spect and that everything depicted can and does happen in such prisons. The production, starring Jolin Ciar- field, was supervised by former New York .Deputy Commissioner of Cor- rections David Marcus who had con- siderable experience at Blackwell's Island prison. Del.'s Ccnaor Plan Wilmington, Feb. 28. Legislative r^rters expect a bill, introduced in Dover to create a- Del- aware State Board of Censors, will hit the statute books during the cur- rent session. Measure arises from recent protests of clubwomen. Lions Club at Claymont Del., and the Delaware Better Films Council over Tlie Green Lantern, a 200-seater at Claymont which opened to Chester, Pa., and Philadelphia auto trade clause hiserted providing that any picture carrying seal of National Board of Review would be eligible for showing in any local theatre. Much of agitation to change pres- ent censorship ordinance is due to recent running of several sex films in grind houses on The Pike, local amusement zone, and to the booking of the legit Tobacco Road,' at the High School Auditorium a year ago. Prov. Appeals an 'Mamlack' Providence, Feb. 28. Despite announcement by Provi- dence Bureau of Police and Fire up- holding Capt George W. - Cowan's censorship of 'Professor Mamlock,' William H. Edwards, of the Ed- wards Si Angell law firm, has an- nounced pUins challenging legality of the police ban. Edwards declared, 'we intend to use all available legal remedies to the end that this picture may be shown publicly in Providence. Ap- proval by the Hays office would seem among other things to indicate how unjustified any suppre-ssion or censorship of this film would be and ought to Induce the Bureau of Police and Fire In the first instance to re- consider its previous decision.' 'Mamlock' is a Russian-made anti- Nazi film. with 'Sbrljuana Madness,' Vbama,* and others on 'the Hays disapproved list Claymont is on tbe V»oxmyU vania Una. Delaware at present has no ««n» sorship of any kind, traditionally depending on the Pennsylvania State Board of Censors. Plenty «t opposition to the Idea of a Delaware board, and It has been tried I9 previous sessions and defeated; but there has always been a demand for official o^ing and the opposition over the Green liintem policy comes at * strategic time for the eensor advo> cates. Just at th« opening of «ta current session. XUeh. Also PlaniUiif Lansing, Feb. 28. Michigan solons soon will eooiider measure setting up a censorship «f all films. Iowa's Censer Prepesal Oes Moines, Feb, 28. Iowa plx would go before a state board of nine censors picked from religious, women's and patriotic or- ganizations before being shown If a bill Introduced In the state senate last week Is enacted. The biU was introduced by Senator A. E. Augus- tine (Dem.), Oslcaloosa. The pre- amble stales that films are becoming an important Influence on American life, and criminologists have some- times traced crime to ideas young- sters have got from the films. The nine persons to be appointed by the governor to the state board of censors would receive not more than $4,500 a year and each would have tlixee-year terms. They would represent the Jewish, Protestant and Catholic faiths, Federation of Women's Clubs, Parent-Teacher As- sociation, Daughters of the American Revolution, American Legion, WtMTJ and Association for Prevention of Crime. Lipstone Retunes Par Hollywood, Feb. 28. Dropped from the Paramount stu- dia music staft. in. jfiorgni»j?!9tion by headman Lou Lipstone were Arthur Franklin and Sam WineUnd, music advisers, and Maurice Lawrence, scorer, Victor Young is back at the plant as composer-conductor. Timing Jackie's 17th Hollywood, Feb. 28. Bootii Tarkhigton's 'Seventeen' li slated by Paramount as a starrer for Jackie Cooper, to be released on h>s 17th birthday next faU. Studio made it as a silent , Film is second xmder Coopers tb'ee-picture deal with studio. First is 'What a Lif^.' Wednesday* March 1, 1939 PICTURES VARceTr Majors Oppose Any 'GHisenf Ideas, Heartened by N. D. Divorcement K.O. Battle cry of major distributors lind producers today has become, 'No consent decree in any foriii.' No pflicial statement, naturally, has been made to that effect but it is the general sentiment in the trade. . Legal lights and industry chief- tains have become convinced appar- ently that a -consent decree is out of the question. Previously, their at- titude was understood to be slightly Wavering, one group believing some favorable consent decree stipulation would solve the entire anti-trust suit, situation. Even then, there were nearly as many others who felt that the major companies should see the Government civil action through to the finish. Now, this front has shifted to one entirely against any consent decree. Part of this more solidified front can be traced to what happened to theatre divorcement in North Da- kota as the whole law was wiped off the books and swept out of the U. S. Supreme Court Boosters for fighting the Government suit to a final decision also were heartened by the neutral attitude taken by Judge Charles Woodward in the Chicago suit involving Barney Bala- ban, Balaban & Katz, and seven major distributors.. In this case the judge upheld the defendants' de- mand for a full bill of particulars, quashed subi>oenas demanding the appearance - of Individual defend- ants, and nixed any motion to im- pound documents and books of de- fendants. They saw In this action every indication that this particular court was' going to see this suit tried according to its idea of what con- stituted good legal procedure, and not according to the Government's notions. Attitude of numerous trade lead- ers is. that too many vital matters are tied up in the big Government anti-trust suit to have it lightly handled by means of a consent de- cree, which might Incorporate the V. S. Attorney-General's ideas, but which -might be overruled subse- quently by some court action. They think that a court decision, and ■ nothing else, will do, because of im- portant factors tied up in the 'case. Another Divorcement BUI Seattle, Feb. 28. House Bill 300 has been intro- duced in the state legislature at ' Olympia by Representative Gholson (R.) of Yakima, calling for divorce- ment of producing and diistrib com- panies from operating theatres. The bill prohibits operation of motion picture theatres which are 'owned or controlled directly or in- . directly' by any film producer or distributor. Donlap-Carr East For Monogram Board Meet Scott R. Dunlap, v.p. over produc- tion, and Trem Carr, producer and member of the board of Monogram, arrived in the east Monday (27) to attend the annual meeting of Mono stockholders slated for today (Wed.). W. Ray Johnston's statement of operations to stockholders was re- leased a week ago. While east it is also expected that discussions will be held concerning the 1939-40 production plans, when an increased program will be sched- uled. George W. Weeks, general sales manager, who has been in Florida, relumed to New York Monday (27). Carrier Co.'s $2,000,000 Anti-Trust Suit vs. RCA A suit for $2,000,000 on Sherman anti-trust law allegation was brought In the N. Y. Federal Court on Thurs- day (23) against RCA by the Inter- national Carrier Call & Television Corp. The plaintiff seeks damages on two counts. Theft of patents dealing with a 'new two-way intercommu- nicating system for power circuits' is charged. International Carrier also claims that it is half owner of 1,- 600,000 shares of stock of the Amer- ican Carrier Call Corp., which had been formed to exploit and sell the above mentioned patent. It is claimed that, by restraint of trade on the part of RCA, this corporation was forced Into T7Bb Big Lumber Man . ' Sacramefnto, Feb. 2B. Charlie McCarthy entered the capitalistic class as a $75,000 cor- poration through the filing of papers by Edgar Bergen inter- ests. Object of the company is to supervise all Charlie McCarthy activities and by-products, such as toys, novelties, pictures, radio and stage exhibitions. Trailer Co/s Suit Termed Tempest In A Teapot' l)y Court Arguments In the suit of National Screen against Trailer-Made, Inc., Isador Schwartz and Pathe Film Corp., were heard last week' before Judge Coxe in N. Y. federal court Application for an injunction was made to prevent Trailer-Made from distributing certain trailers on the ground that the' musical backgrounds were an infringement of National Screen music. Injunction against Pathe Film is sought because it makes prints in its lalMratories of tlie trailers. Louis J. Vorhaus, attorney for the plaintiff, claimed that the musical backgrounds made up an Important part of the trailers. Trailer-Made contended, through its attorney, Saul Rogers, tliat the backgrounds . came from a company which Trailer-Made had bought Louis Nizer, representing Pathe, asked that no injunction be issued against Pathe because, as a labora- tory, it is a completely innocent par^ in this dispute. Nizer also moved to strike out that part of the complaint which requested a dis- covery of records of defendants. Further argument of Nizer was that National Screen had failed, to comply with the copyright law be- cause it did not file notice in Wash- ington under Section I-E of the copy- right law which referred to mechani- cal reproductions. . Since there was no notice or other designation on the negatives, Nizer contended that the failure to file this notice was fatal to the plaintiff. Judge Coxe referred to the plain- tiff's complaint as a tempest in a tea- pot, and reserved decision. N. Y. OPS WAGE TUT STILL UNADJUSTED Wage scale adjustments -for Local 306 Motion Picture Operators (N. Y.) are stalemated again. Up for settle- ment last August an arbitration board was to have ironed the matter out last week but after the Inde- pendent Theatre Owners Association had chosen its arbitration delegates, the union decided against submitting to arbitration at this time. Instead, the matter was left -to labor committees of both union and the association. At a meeting on Feb. 20, 306 agreed to cut its orig- inal demand of a 48% increase in booth costs in half and took the stand it couldn't go any lower than 24%. Theatre owners' viewpoint was that based on slumping business conditions and poor box office re- sults, there can be no consideration of increasing costs at this time. They want present booth expense, per the- atre, to continue as is, for another two-year period. The matter will have to come to arbitration . inasmuch as . some in- crease is mandatory, as provided for in the contract.- A compromise ad- justment has yet to be worked out. Saving in the Process Hollywood, Feb. 28. Further reduction in location costs is made possible by new de- velopments In process work, re- ported by the Research Council of Academy of Motion Picture Arts and Sciences. Fifty process technicians, headed by Farciot .Edouart, put in 2,000 working hours on the labor saving developments. THEATRE FIRES $15,M« Loss In Pitt—Other Razed Houses Bebnilt Pittsburgh, Feb. 28. Few months after new owner had completely refurnished house, State theatre in Liberty, near here, was swept by flames last week during coldest spell of season, and com- pletely destroyed at an estimated loss of $15,000. One fireman was seriously injured when' a section of the front brick wall collapsed. Spot was purchased less than a year ago by George Geinzer, who spent several grand remodeling the place. Cause of blaze was undeter- mined, $10,(HM Blaie Oakland, Cal., Feb. 28. A stubborn three-alarm fire swept through the Granada theatre early Saturday (25) morning. A pre- liminary estimate placed the dam- age to the interior of the theatre at more than $10,000. The fire started in the loge sec- tion of the theatre balcony, apparent- ly from a smoldering cigai^et Heavy smoke and water damage occurred. Hangings, seats and rugs were burned. The projection room with its store of inQammabie film was untouched. John Peters is the manager. The- atre is part of the Golden State chaia Bebnlldinc Bated House Atlantic C:ity, Feb. 28. Rebuilding of the Palace, gutted by a $10,000 blaze this week, has al- ready been started and will be rushed to completion so . that the theatre may reopen for the Easter holidays. Announcement to this ef- fect was made by Samuel H. Tahnen- baiun, owner, this week.- The fire, which threatened the downtown area until firemen finally got it under control, was caused by a defect in the wiring. Few Houses For Sale; New Theatre Bldg. Continues Theatres-, available for pur&hase or leasing through brokers or direct with owners, if of any value at all, are difficult to find anywhere in the United States. Those that are closed, according to theatre realty men, are out of operation for good reasons and thus are not even being offered, ex- cept rarely. During the past two weeks, one of the largest of the chains, which Is usually offered theatres regularly, has received not one single bid from a broker or owner with a house to unload. The brokers are in the habit of first soliciting partners of chains, depending on the territories, when getting a theatre for sale or lease. Real estate men in the picture in- dustry declare there are lots of thea- tres available, most of them closed, some for as long as 10 years, but in most such cases the houses are run down and owners are seeking an operator who would spend upwards of $10,000 to put the property into shape. Also, most of these theatres are located in situations where film supply ' would be dubious and the competition dangerous. During the past 10 years, since de- pression, the majority of worthwhile theatres in existence have t>een gobbled up by local indies as well as large chains. What's left now repre- sents the dross. Those .who would venture forth as exhibitors in large situations or In small communities are tho^e mostly who are building new houses, very often in communi- ties which have been built up of late years, or to which population has shifted. New 1,000-Seater Palnesville, O. Feb. 28. Construction of Palnesville's new 1,000-seat picture theatre has been started. . Built for A. G. Schwartz and J. H. Shulman, of Cleveland, who operate the Park and Utopia theatres here and the Lyric at near- by Falrport Post-Mortems on N. D. Divorcement Discloses Indies, More Than Par, Favored Repeal; U. S. Atty s Angles Lone State Major distrib trying to count up the number of anti-trust suits filed in the Industry claimed he knew of one state in U. S. with- out a single anti-truster— Nevada. But, of course, Reno has al- ways had its divorcement N. C. Exhib Banned On Both 'Baby' Fihn And Tobacco' Road' Play Charlotte, N. C, Feb. 28. Plans for showing the picture, "Birth of ■ a Baby,' and the play, 'Tobacco Road,' in Greensboro, N. C, struck an official snag. City otficlals took a hand in stopping the cinema production, meeting Sunday after- noon and informing J. B. Webster, operator of Criterion, that he would be subject to arrest and revocation of his license it he showed the sched- uled and advertised film. A week previous, an audience of between 50 and 75, representing medical, church, business and school groups, attended a preview of the legit show, and, ac- cording to- Webster, gave a favorable reaction. Raleigh booking, agents announced that "Tobacco' Road' would play Greensboro's Senior High School auditorium March 8-9. M. D. Teague, business manager of the school, sub- sequently stated that the tentative rental was canceled and the deposit posted had been returned to the agent C. E. Newsom. He said the date was cancelled due to a later de- veloped conflict with school pro- grams, however, admitting that the 'reputation of the play had bearing' on its. cancellation. Tobacco Road' is scheduled for Raleigh's Memorial . auditorium March 10-11, despite the fact the mayor of that city had issued a ban against it City Manager C. W. Smedberg said the theatre owner was requested to abandon plans foi- showing 'Birth of a Baby' in view of an . jreement made by local theatre operators sev- eral years ago on request of school groups. The agreement is under- stood to prohibit showing of films of a medical character. Question of obscenity or vulgarity did not enter into the request to halt the show, Smedberg said. house for five years. Purchase price put at $25,000. New owners plan to spend several thousand dollars re- modeling the theatre. Installing air conditioning system and enlarging marquee. More in L. A. Los Angeles, Feb. 28. Ben Bronstein, currently operat- ing the Carmen, Lux and Arlin the- atres here, building another. William Swanson, operating the Ojal theatre at Ojai, reopens the Beaux Arts in L. A. next month. M. G. Sinift owner of the Doty, has started a new house, the Del Mar. Okia, Expanding Oklahoma City, Feb. 28.- Oklahoma is set for some healthy expansion during the current year as a number of new houses are be- ing put on the planning boards and remodeling bids are being asked from almost every section of the state. . It is expected that some new cap- ital may also Cotiie Into state theatre business as a result of the way in- dustry has weathered bad times in the area. Akron Nabe Sold Akron, O., Feb. 28. Five Points, Akron nabe, 650 seats, sold by R. C. Wahl and David Col- lins, to Lorenzo Buzzelli whose son, Arthur, will manage the house, Wahl and Collins have operated the Philly's New 1,200-Seater Philadelphia, Feb. 28. A new theatre will be built in the I Mount Airy section at Sprague street and Vernon road by a syndicate, in- cluding Abe Sablosky, J. J. Cohen and E.. Margolin. Seating capacity 1,200. O'Neill, Neb's, New One O'Neill, Neb., Feb. 28. Plans for a new theatre here an- nounced by Mrs. Georgia O. Rasley, who operates the Royal. Minneapolis, Feb. 28. With the North Dakota legislature scheduled to adjourn this week, all hopes have been- abandoned for the passage of a new theatre divorce- ment law or a licensing bill designed to prohibit further theatre construc- tion in the state. At the same time, plans were be- ing pushed by Northwest Allied for the introduction of a . theatre di- vorcement measure in the Minne- sota legislature and Gov. John Moses of North Dakota Issued a statement explaining and defending his action in signing the repeal bill that took the 1935 divorcement law off tha statute books, permitting the Para- mount Northwest circuit to continue to own and operate its 15 theatres. The Minnesota state legislature has been in session for nearly two. months, and no divorcement bill has been introduced yet although Northwest Allied Is committed to efforts to obtain its enactment. Moreover, Gov. H. B. Stassen has Ignored the organization's request to urge its passage. Gov. Moses says that one of.tho important factors influencing him to sign the bill was the receipt of nu- merous requests from North Dakota independent exhibitors, urging such action.. Incidentally, legislators who voted for repeal declare that independent theatre owner constituents had asked them to do so. These independent exhibitors insisted that conditions at no time justified the law's passage. They asserted that the Paramount Northwest circuit's competition has been fair .and decent at all times, and that they would have more to fear if the Paramount theatres fell' into the hands of some of the inde- pendent chain operators said to hav* had designs on them. In explaining why he delayed signing the repeal bill until five min- utes before It would have become a law anyway, by reason of failure to act Oh it within the prescribed three- day limit following its receipt from the legislature. Gov. Moses said he wished to give federal operatives as much time as possible to determine if any illegal -tactics were involved in Its passage, or if there was any evidence that film producers had conspired illegally to wipe the law . off the statute books.* A Gov. Admits D. C. Quli ^ Gov. Moses revealec that Thur- man Arnold of the U. S. attorney general's office had told him that the government was interested in cir- cumstances surrounding - the law's repeal and was investigating. Whea h-! heard nothing further from Washington, however. Gov. Moses said he signed the bill and notified the U. S. Attorney General to that effect U. S. Attorney General Frank Murphy had asked the gover- nor to give full consideration to the effect repeal would have on pending federal litigation.. U. S. asst district attorney Arnold admitted to Gov. - Moses over the- telephone from Washington, he says, that the signing of the repeal bill would be an 'inconvenience' rather than an- injury to the feder 1 gov- ernment's anti-trust suit against a group of major distributor-pro- ducers, aiming, among other things, at separation of Aim production and theatre ownership. That he had carefully studied the many ramifications of the repeal ac- tion before signing the bill, was Gov. Moses' assertion. 'I particular- ly weighed the effect the bill would have in North Dakota and the ques- tion of whether it would be a good thing for this state rather than for another state, or upon litigation pending in the U. S. supreme court,' the governor said. The governor pointed out that the failure in the legislature's lower House of a resolution asking him to return the bill unsigned 'places ad- ditional weight on the natural as- sumption that the legislators wer* cognizant of the measure's effect' The speedy passage in both branches, he felt, 'would indicate a clear-cut decision and a determination that the repeal bill, was highly desir- (Contlnued on page 22) « VARJETY PICTURES Wednesday, Mareh ], I939 HLM SHOWMANSHIP By John C. Flinn First class showmanship by the Warners' home office and the Strand theatre (N.Y.) management launched "Yes, My Darling Daughter' on a crest of boxoilice excitement Saturday (25). In the general mixup of withdrawing 'Ofl the Record' from the Strand screen to make way for 'Daughter,' the Warner h.o., the flhn exchange and the operators of the Globe theatre, engaged In early morning huddles, which resulted in a complete switching also of the Globe's attractions, including the postpone- ment of two new features, and the cutting short of the 10-week run of The Vanishing Lady' (G-B). By noon both the Strand and Globe were settled down to the routine of SRO, with 'Darling Daughter' as the single-bill attraction in each house. New York State Board of Regents passed favorably on the Warner ap' peal from the censor hoard ruling of the previous week which banned 'Daughter' from showings witlua the state. Not only was there intense Interest in. the trade as to the appeal outcome, but Warners had capital- ized the situation with some hefty . publicity releases that had drawn at- tention in the New York dailies. It remained for the showmen, however, to top their victory with the best piece of newspaper display advertising lhat has appeared in many months. Without mentioning the legal diffi- culties and censorship tangles, and without crowing' over a victory before the appeal board which carries much significance bieyond the immediate issues of the one fliih, the advertising copy writer, under something of an Inspiration, simply underscored the word YES (the censors had said, 'No'.), and the 'Saturday dailies appeared with smash displays, stating, "'YES, My Darling Daughter* Now— Strand." Day and dating at the Globe was not accomplished without some con- fusion, involving not only 'Lady Vanishes,' but two WB pix, 'Devil's Island' arid 'Blackwell's Isldnd.' Saturday dailies carried announcement that 'Devil's Island' was the new attraction at the Globe. A sub-line de- scribed the prison isle as the 'dungeon of the damned.' Due to protest against 'Devil's Island' by the French Embassy in Washington, Warner.; withdrew the booking and the exchange so notified the Globe management early in the day. They would send over, they said, another picture, 'Black- well's Island.' Meanwhile, the boxoSice had opened and the operators were. sending The Vanishing Lady' into its 11th week as a dual with the latter film. But the line of customers outside the Strand, scarcely a block away from the Globe, had grown to proportions requiring some police super- vision, and it was then suggested that the best way to handle the- involved bookings at the Globe was to get another print of 'Daughter.' Within an hour aU advertising had been changed on marquee and front of the house, and the Globe and Strand were playing the same picture. ' There were some refunds of admissions at the Globe from customers who insisted they were entitled to see two features instead of one, having entered the house In the earlier hours. Two Broadway first runs playing day-and-date is a rarity. A conspic- uous example was when Howard Hughes-some years ago rented the Gaiety and the Cohan for simultaneous two-a-day showings of 'Hell's Angels.' OUTDOOR ADVERTISING DIPPED \n IN 193 Outdoor advertising, billboards and the electric sign business took 10% drop in 1938 fMm total of net billings the previous year. Revenue in 1939 may be adversely affected through passage of various bills in N. Y. state and other legislatures. F. T. Hopkins, president of the Na tional Outdoor Advertising Bureau, Inc., states that in view of all con' ditions that outdo<>r advertising has had to contend with,' results last year were better than expected. Frontier Is Revived For Cagney Premiere DEFDHTION OF SHOWHANSHIP Accepting the definition of. showmanship as the art of converting enter- tainment into cash' there is ample proof in the country-wide rental returns on Tail Spin' (20th-Fox) to indicate that the ballyhoo which preceded the general release of the film has been effective from a boxoffice angle. Two chartered airplanes made cross-country trips, with numerous stops at key cities, at which the young women passengers appeared at lunch- eons and on theatre stages, making- a' special point to describe the values in Tail Spin.' The rewards from such enterprise are said to be most gratify- ing in terms of theatre attendance, far beyond the sections visited by the planes. There must be some meaning and moral in this. Perhaps the answer Is that the public's interest is in direct proportion to the producer's sales- manship enthusiasm. Many films possessing wider appeal as entertain- ment than Tail Spin' have started their exhibition careers without buildup . and have been disappointing grossers. Every film possesses some angles of Showmanship, and the astute showman constantly strives for the tm- usuial and different advertlshig approaches, finally discovering through eliminations and trials what is the best formula. Too ' often the first effort, when not immediately successful, is followed by discouragement and apathy. GOOD JOBS OH 'PTGHAUON' Which brings up the altogether excellent exploitation job which has been done on the New York and Los Angeles first runs on 'Pygmalion,' by the Loew organization. It Is true there are sales points in the film. But the gay and high spirited advertising copy has kept pace with the word of mouth comment on the picture, which now is in Its 13th week at the Astor .on Broadway, and its ninth stanza at the Four Star, on Wilshire boulevard. Of the three English-made films which last December were in competi- tion on Broadway, only 'Pygmalion' remains as a continued first run. 'Lady Vanishes' (Hitchcock-20th-Fox) has finished a highly profitable engagement at the Globe, and Charles Laughton in IThe Beachcomber' (Par) is playing Id neighborhood houses this week. American audiences have shown a distinct liking for British films when they possess quality direction, acting and story telling. The three men- tioned by no means are the only good ones that have come over in the past several years, but 'Pygmalion' Is one of the few which has had the backing of big time showmanship and sustained exploitation. Importance of handling is demonstrated in the disappointing single week's business which '^^dy Vanishes' attracted at the Garrick (B&K) in Chicago. Given a light advertising budget and a routine copy send-off, the Hitchcock picture lasted a week at the Garrick, whereas the Broadway run galloped along to 10 weeks. There still may be pay-dirt in 'The Lady Vanishes' in Chicago, and the management of the World Playhouse, which plays foreign language flhns chiefly, is giving the film a second chance as a first run. DETROIT CRITIC ON SHOWMAWSHTP Film showmanship and theatre salesmanship are subjects of vital interest in secUons other than the major markets of New York, Chicago and Ixk Angeles. Comes a clipping from the Detroit Free Press containing a con- tribution by Stanley Fields, who writes: 'After all, the most important critic of the movies today is the public MHTthat if-rs-premy-show^se-ln-ltrjudBment.ijf-entcrtatflmem-^ is proven by the rise and fall in theatre attendance as the quality of the pictures fluctuates. There are only two things necessary to get the public movie-conscious today. The first, of course, is good pictures, and the second is the proper presentation of them to the public. 'A good motion picture is one from whose presence no audience escapes quite heart whole. It has that certain something that causes a throb in your throat,, which vibrates on down and seems to teeter on your wish- bone. It fills one with realistic illusion, it gives you the urge to stand up and cheer. You are aware you are looking at one when your conflicting nerve impulses become tangled, causing a short circuit in your skeleton.' LOEW ECLIPSES PAR ON MARE TWAIN With a barrage of trade paper and national magazine copy, 'Huckleberry Finn' is poised for first runs. Through various channels the libew ex- ploitation has created a distinct anticipation in the adaptation of the Mark Twain novel. Considerable free space in the dailies was grabbed off by Oklahoma City, Feb. 28. An entire city park will be trans- formed into a ^ontler camp of 1889 as a welcoming' gesture to Rosemary Lane, Humphrey Bogart and Donald Crisp, visiting Oklahoma City, March 3, for the world premiere of 'Okla- homa Kid.' Under the supervision of Park Commissioner Donald Higglns, Wiley Post Parki on the banks of the Canadian River, is rapidly taking the form of a pioneer encampment as it might have been on the eve of Okla- homa's land rush 'fifty years ago. Buffalo are being shipped in from the city's zoos. This will be the scene for a bar- becue attended by 150 socially and politically prominent Oklahomans in cowboy costume, in honor of Miss Lane, Bogart and Crisp. Following the - barbecue, the as- semblage will parade to the theatre, mounted on horseback. In the line will be 25 different types of horse- drawn vehicles, fifty members of Ok- lahoma's exclusive Roundup Club, the Amateur Cow Girl's Association, debutante members of the Embassy Club and many other organizations. The C^ritertoii Theatre, scene of the world premiere, has been trans- formed into an Indian trading post. Amateur Camera Shots Draw Crowd of 40,000 Salt Lake City, Feb. 28. Charley Pincus, manager of the Centre, town's newest deluxer, re- vealed that nearly 40,000 persons viewed the second annual photo arts show on exhibition in the theatre's lobby. Exploitation earned ample space In burg's leading newspapers, since the Salt Lake Tribune and Telegram cosponsored the tyro bulb shooters' efforts. Collection included 136 snapshots, contributed by leading simon-pure phbtogs from every section of the United States. Slept in Shiriey's Bed Boston, Feb. 28. When 'Little Princess' was booked into the Keith Memorial suddenly, the press department, directed by Jack Granara, had four days to pro- duce a campaign. Film had its premiere Tuesday night (21) at the theatre. As part of the advance buildup, a special preview was arranged for the Cath- olic Home for Destitute Children in this city. Three Daughters of Bos- Mayor Tobln were hostesses at this party. A 'princess for a day* stuht was promoted to break simultaneously with the opening day. A local seven, year-old girl was selected for the honorr ahd at the theatre's expense she v/as given a 24-hour spree which Included staying overnight with her Graphing the Press Blurbs The Hays office iias prepared 10 charts showing the trend in pre.ss comment regarding the film industry, the past year producing only 60.9% favorable comment as against 66.8% favorable in 1937, and 58.2% in 1936. This unfavorable showing in 1938 was reported despite the Greatest Picture Year campaign and expenditure of $1,000,000 by film companies and exhibitors, most of it in newspapers. Trends were charted from newspaper clippings received, ' Past year was outstanding In that there waa more editorial comment on the film business than in the previous two years. Statement from Hays office did not reveal exactly what the charts were supposed to prove or what even the analysis of them was supposed to establish. mother in the same suite occupied by Shirley Temple at the Ritz Carlton when the star visited Boston a few months ago. The 'princess for a day' was given a complete new outfit of clothes, a press dinner, and a tea party which her brothers and sisters attended. She was 'guest of Shirley Temple' at a showing of the film in the theatre, and during her big day was given the use of a limousine, chauffeur and two uniformed guards, RKO's Tmies Sq. Electric Sip for Fair Ballyhoo RKO pictures will be plugged on the second largest illuminated sign on Broadway starting April 30. It will be timed to attract attention nf the World's Fair crowds. Construction has been started on a 40 x 25 foot, 27,000 lamp moving figure sign, which will be two stories in height and cover the front of the Palace Theatre Bldg. It is being erected by the Wondersign Corp. Sign will not only compete with the Douglas Leigh animated illumi- nated system right next to it, which employs the photo-electric cell prin' ciple, but is also said to exceed it in novelty. The Wondersign is based on a French patent, Luminograph recently exhibited at the Paris fair; employs use of colored as well as white-lighted and rapid-moving fig' ures; has a greater range of mobility in use of figures and will bum only small 14-volt lamps instead of 110- volts resultinf in substantial ecbU' omy of' operation. '' RKO pictures will use two adver- tising units nightly, with weekly changes of copy, at an approximate cost of $13 a night, or $4,500 a year, exclusive of rental and erection cost. basketball Toomey Ob Theatre Stage Hastings, Neb, Feb. 28. A new wrinkle in stage shows will be offered here by Orville Rennie, manager of the Rivoli, when he pre- sents a basketball tournament be- tween showings of the first and sec ond film features March 8-9-10. Four teams, two from Hastings and. two from nearby, villages, will com- pete for a trophy. The stage will be converted into a basketball court One game each night Is scheduled. Free Birthday Shows Oklahoma City, Feb. 28. The 10th birthddTy celebration of Joseph Cooper, Jr., son of the Stand- ard Theatres Corp. prexy, last Satur- day (26) was the occasion of free 9 a.m. shows in all the local Standard theatres for all boys and girls who cared to attend. Advertislog the Opposlsh Baltimore, Feb. 28. Unusual ad. used by Mac Wein- berg, to sell G-B's, The Lady Van- ishes,' at the Little theatre, played up quotes from article by Gilbert Kanour, crick of Evening iSun in which he coupled film to The Beachcomber/.fiurjrently at the Stan- ley. Ad mentioned both films and houses. Stanley is directly across the street from Little. ha^eTe^dSr^e^^^n^eir' screening^Perhaps this is the' firffySi SnB(L)lIRBIANA wp«'Ti?i^i?"»^ suburban railway staUon plaU6rm in Westchester county were the following three-sheet boards: Music Hall (NY).— 'Made fcfr Each Other' Embassy (Port Chester).— The Dawn Patrol ' Roosevelt GriU (NY).— 'Dance with Guy Lombardo' Bi?l^ash Si^J*'''*"*^*"*^'''' ^^"^ Wednesday Night Shaw's Tygmalion' Gets Bis Sendof f in St. L St. Louis, Feb. 28. Midwestern premiere of George Bernard Shaw's 'Pygmalion' at Loew's followed a sock exploitation campaign that ranged from a re- served seat attendance, first in the history of the house, to a street bally engineered by Manager 'Chick' Evens and Jimmy Harris, p. a. One of the highlights of the campaign was the use, for the first time here, of a full- page half-tone co-op ad in the Globe. Democrat, the town's only a.m. rag, that represented an expenditure of $1,000 by the. co-opers. A swell street broadcast tieup was. made with station KXOK in which those of the burg's upper bracket mob were in- veigled to talk ovei the mike before entering the theatre. Representatives of the Better Films Council, Board of Education, St Louis and Washington universities and the mayor were among the guests. Mailing lists ol the Ameri- can Theatre and Municipal Theatre Assn. were the medium through which 5,000 natives were acquaint- ed with the opening; 10 prominent hotels permitted the use of table cards liberally sprinkled with "Pygmalion' and theatre copy and the street bally, used for three' days before opening, consisted of half a dozen sandwich men made up as Shaw, with fiowing whiskers, top hats and frock coats, meandering all over the downtown district and at- tracting gobs of attention. All of this was in addition to the usual rou- tine. Loew's hangnrates Stage Quiz in B'klyn Jo Ranson, radio editor of the Brooklyn Eagle, is conducting ■ series of weekly quiz programs on the stage of the Loew's Boro Park here. Stunt started Washington's Birthday. If idea catches on Loew's may bring Ranson into other Brook- lyn houses on various nights. Hanson's questions cover every conceivable subject including politics; sports, stagey screen, etc. Contestants get (ash prizes and are drawn from local organizations. STORY BUYS I^ollywood, Feb. 28. Paramount purchased Ethel Hous- ton's novel. The Honorable Uncle Lancy.' Ed Finney bought John Rathmell's 'Red Man' for Monograrik Endre Bohem sold his original, The World on Parade,' to Para- mount Grand National bought 'Include Me Out' by Rolph Passer and Ly- ford Mooje. Universal acquired 'Jail Baby,' an original by Hannah Lees. Daniel Fudis sold his yarn. "The Day the Bookies Wept' to RKO. RKO purchased "Timber Stam- ])ede,' a western, by Bernard Mc- Conville. Universal bought James Ronald's mag serial. They Can't Hang Me.' Metto acquired William' Faulk- ner's novel, "The Unvanquished.' Columbia has purchased Tree of Liberty,' current best seller ' by Elizabeth Page. TITLE CHANGES Hollywood, Feb. 28. "Unmarried' is release title for Paramount's "Night Spot Hostess,' originally 'Me and My Gal.' , 'The Right Way' is latest tag on Dr. Martin Comes Home,' at War- ners. Bal Roach changed It's Spring Again' back to its original title, 'Ze- nobla.' •The Story of Alexander Graham Bell' got call over 'Alexander Gra- ham BeU' at 20th-Fox. Wednesdaj, March 1, 1939 'Girl Downstairs' Bi^t 14G In Chi, but tayk-Vaude Blah PICTURE 6ROSI VAUETr m 'Stagecoach' Fast 17G Chicago, Feb. 2S. There's a better tone ia Uis loop this week, particularly at the straight flicker spots where new pic- tures are evidencing an ability to whirl the wicket following several sessions of b.o. doldrums. Especially bri^t are the State Lake and the Roosevelt with 'Girl Downstairs' plus vaude, and 'Stage- coach,' respectively. The latter is uie type of up-to-date western that al- ways get money. Labeled as fin 'his- torical document,' it is nevertheless composed of all the basic elements of the boss opry mellers that have been the foundation of the picture busi- ness, going back to The Great Train Kobbery.' The Chicago is having another tough week of it on the Taylor flicker. For some reason there has been a sudden reaction away from Robert Taylor on the part of the femmes, and he has plummeted down from his former hl0i b. o, po- sition. The reaction is due, it seems, not to the pretty-boy taft but to Metro's ixew. decision to make him a rough-and-tumble guy. On the stage the Llttlefleld ballet is not adding a nickel to the gate. 'Gunga Din' goes into lts\fourth and final week at the Palace, and has had a great run of it. 'Pygma- lion' is a honey in its third week at the Apollo,' EstlBMtes tor This Week ApalU (B&K) (1.200; 35.-55-65-75) — •f^'gmalion' (M-G) (3d wk). Has been a terrific winner in tills house and will go to a nifty $9,000 cur- rently, foUowlng walloping $10,500 take in second session last week. Chloiwa (B&K) (4,000; 35-55-75)— 'Stand Up' (M-G) and stage show. Llttlefleld ballet on stage and get- ting plenty of billing, but no b.o. draught. Combination is pretty much of a blooper, and will gamer an- other set ot headaches at $26,000. Last week 'Beachcomber' (Par) and vaude, was even poorer at the wicket with $23,700. Garrlok (B&K) (900; 3 5-45-55)-^ 'Beachcomber' (Par). Was a busteroo In the Chicago last week, and won't do any better here at indicated $4,- 600, mild. Last week 'Idiot' (M-G), fairish $5,900. Oriental (Jones) (3,200: 25-40)— 'Spy Hunt' (Col) and 'Gambling Ship' (RKO) and vaude. Combination will get some coin this week at $14,- aOO. Last week 'Pride Navy' (Rep) and 'King Underworld' CWB), nifty $16,100. Palace (RKO) (2,500; 36-55-65-75) —'Gunga' (RKO) and vaude (4th- flnal wk). Has had a great stay, and win get $16,000 for the wlndup, a hangup take, after snagging hefty $20,100 last week. BMMevcIt (B&K) (1,500; 35-55-65- 75)— 'Stagecoach' (UA). Opened Sat- urday (25) and looks for good coin gallop, starting with $17,000 for the initial stanza. Last week 'St Louis' (Par), turned in one of lowest fig- ures In history of house with brutal $5,700 for single session. Slate-Lske (B&K) (2,700; 25-40)— 'Girl Downstairs' (M-G) and vaude. Good $14,000 for session. I^ast week 'Swing Sister' (U), good $13,400. United Artists (B&K-UA) (1,700; 3S-SS-6S-7S) — 'Freedom' (M-G). Opened Saturday (25) and is headed for only $11,000, mild, from opening indications. Last week "Honolulu' (M-G), weepy $9,300. WICK Fllffi' REVELS IN SNOWY DEI^12G Denver, Feb. 28. Despite . worst snowstorm ot the winter only one house, Denham, appears to be in the doldrums. "Cafe Society' there is drawing better than ao-so $6,500. 'Huckleberry Finn,' dualed with 'Pacific Liner,' is drawing big $12,- 000 at the Orpheum. Estimates tor This Week . Aladdin (Fox) (1,400; 25-40)— 'Each Other' (UA), after a week at the Denver. Good $4,000.- .Last week 'Tailspin' (20th), below aver- age at $2,500. .Broadway (Fox) (1,100: 25-40)— •Honolulu' (M-G) and 'O'Connor' (M-G), both after a week at the Orpheum. Nice- $3,000. Last week Gunga Din' (RKO). good $3,000. .^Denham (Cockrill) (l-,750; 25-35- 40)— 'Cafe Society' (Par). Not draw- ing much at $6,500. Last week (2d), St. Louis BlUes' (Par), good $7^00. Denver (Fox) (2,525; 25-35-50)— Stagecoach' (UA). Good $10,000. Last week 'Each Other' (UA), good $8,000. Orpheum "(RKO) (2,600; 25-35-40) — Huck Finn' (M-G) and 'Pacific Liner' (RKO). Big $12,000. Last week 'Honolulu' (M-G) and 'O'Con- nor (M-G) strong $11,500. Paramount (Fox) (2,200; 25-40)— 'Off Record' (WB) and •CHiarlle Chan' (20th). Good $4,000. Last week 'Son Frankenstein' (U) and Torchy Blahe' (WB), fine $4,500. Blalte (Fox) (678; 25-40)— 'Son Frankenstein' (U), after week at Paramount, and 'Homicide Bureau' (Col). Getting okay $2,500. Last week 'Jesse James' (20th), after a week at each the Denver, Aladdid and Paramount, and 'Crime Holiday* (Col), strong $2,500. lOMAN AGAIN,' DUCHINlSi^ WWASH. Washington, Feb. 28. Three new shows this week, and tops Is 'There's That Woman Again' (Col) plus Eddie Duchhi's orch at the Earle. 'Topper Takes a Trip' (UA) and Phil Regan are running second at the CapitoL EstlBMtes. ter This Week Capltel (Loew) (3,434; 25-35-40-66) — Topper' (UA) and vaude. Phil Regan and Benny MeroS helping some, but not able to offset . Eddie Duchin at opposition Capitol. Fair $17,500. Last week 'St Louis Blues' (Par) and Mitzi Green p.a;, fairish $16 500. Colombia (Loew) (1.234; 25-40)— 'Jesse James' (20th) (2d run). Back on main stem after two stanzas at Palace and looking to average $4,500. Last week 'Honolulu' (M-G) (2d run), good $5,200. Earle (WB) (2.216; 25-35-40-66)— 'Woman Again' (Col) and Eddie Du- chin's orch. Latter helping to lead town with nice $18,500. Last week 'Let Us Live' (Col) thanked Gus Van and minstrel show for most of Ught $14,500. Keith's (RKO) (1.830; 35-55)— 'Gunga Din' (RKO) (4th wk). Hold- ing up to okay $5,500. Last we^ (3d), good $9,800. Met (WB) (1,600; 25-40)— 'Beach- comber' (Par) (2d run). Return downtown after big stay at Earle will see good $5,000. Last week 'King Underworld' (WB), good $5,000. Fabce (Loew) (2,424; 35-55)— •Trade Winds' (UA). Only new pic in straight flicker spot; okay $14,- 500. Last week (2d) 'Idiot' (M-G) built to good $10,000. Dorsey-'Nancy Drew' B« Despite hdpk Epideiiiics, Storm, Lent Indianapolis, Feb. 28. Tommy Dorsey's orch, plus 'Nancy Drew, Reporter' at' the vaudfllm Lyric, is pounding out a near-record gross in the face of heavy snow- storms, smallpox and flu epidemics, and the beginning of Lent. Circle, however, is faltering with Russ Morgan's orch and Mitzi Green on the stage, plus 'Pride of the Navy.' The only real~' contender currehUy is Loew's, which is doing sturdy biz with 'Pygmalion' and 'My Son Is a Criminal' dual. Tailspin' and 'Pardon Our Nerve,' twin bill at the Indiana, are doing only fair. Scare headlines in the daili^ about smallpox and flu epidemics brought formal protests to the editors from a committee representing all thea- tres in the city. Estimates for This Week Apollo (Katz-Dolle) (1,100; 25-30- 40)— 'Honest Man' (U) dualled with 'Gambling Ship' (RKO). Moved over from Circle for second week and faring passably at $3,200. Last week's revival of 'Waikiki Wedding-' (Par) and 'Plainsman' (Par) was n.g. at $1,900. Circle (Katz-Dolle) (2,600; 25-30- 40)— 'Pride Navy' (Rep) and Russ Morgan's band on stage plus Mitzi Green. This is the first of occasional stage shows here. On wrong side of ledger at $8,100 in view ot increased nut Last week. 'Honest Man' (U) and 'Gambling Ship' (RKO), nifty $7,800. Indiana (Katz-Dolle) (3,100; 25-30- 40)_Tailspin' (20th) -and 'Pardon Nerve' (20th). Former pic given extra ad campaign, but results are mild at $6,000. Last week (2d), 'Giinca Din' (RKO) faded to so-so $3,800 after swell $10,200 in initial session. Loew's (Loew's) (2,400; 25-30-40) -'Pygmalion' (M-G) and 'Son Is 1st Rods on Broadway (Subject to Change) Week ot March 2 Astor — 'Pygmalion' (M-G) (13th wk). Capitol — 'Huckleberry Finn* (M-G). Criterion— "Persons in Hiding' (Par). (Rewtetoed In VABiEtT, Jan. 25) Globe — 'BlackweU's Island' (WB) (1). Mnsio Hall— 'Stagecoach' (UA). Ponmonot — ' Cafe Society ' (Par) (2d wk). BUIto— 'Secret Service of Air* (WB) (1). (Reviewed in Current Issue) BiToU— 'You Gan't Ch?at an Honest Man' (U) (3d wk). Boxy— 'Wife, Husband and Friend' (20th) (2d wk). Strand — -Yes My Darling Daughter* (WB) (2d wk). week ef March 9 Astor — Tygmalion' (M-G) (14th wk). Capitol— 'Huckleberry Finn' (M-G) (2d wk). CrHerloa — 'Fast and Loose' (M-G). Globe — 'BlackweU's Island' (WB) (2d wk). Masie Hall— 'Stagecoach' (UA) (2d wk). Fsnunonnt — ' Cafe Society ' (Par) (3d wk). Blalt*- 'Saint Strikes Back' (RKO). Bivell— 'Spirit of Culver' (U) (8). (Jlevteioed vhich went eigbt days with Kay Kyser, but fail^ to bolster Kyser's draw,, had closed its first week at less than $36,000, dis- appointing in view of cost ot show, and on extra (8th) day got an addi- tional $2,500. Kyser, with 'Daughter* on tiie- final six days ending tomorrow night (Thurs.), will be about the same as the first week, the six days looking about $31,000. The addiuonal day for a full first week for Daughter' will thus probably not top $35,000. Because of the jam-up. Will 'Os- borne and Sheila Barrett replace- Kyser Friday (3), which will be the seventh day for 'Daughter.' .Latter holds over and may get a little lift with the withdrawal of the picture from the Globe last night (Tuea.) after four days there at around $7,- 000, very good; Having received an o.k. from Uie censors on 'BlackweU's Island,' this picture opens at the Globe today (Wed.). Lent began Washington's birthday (22) and rahi Sunday as well as yes- terday (Tues.) was no help, but the holiday business .(22) -was very heavy everywhere. Music HaU came within $13 of its best Washington's birthday to date, while the Par, at $13,000 on day, had its best business for that holiday in six years. Other houses correspondingly were over expectations. x:afe Society.' with a two-fisted stage show In Hal Kemp eind Tony Martin, at the $13,000 start Wednes- day (22) and a preview last night CTues.), finished the first seven days at $53,000, excellent Kemp is draw- ing the jazzhounds and Ilartln is drawing a lot Of women. The auto- graph leeches are around in heavier numbers than usual. Show inaugu- rates holdover today (Wed.). Neither 'Wife, Husband and Friend,' at the Roxy, nor 'Honolulu,* at the Capitol, are creating any ex- citement. Latter did not have bene- fit of Washington's birthday, and wiU grobably he under $42,000 on week, ut holds over. Cap pushed' 'Hono- lulu' In on the hohday, got a |ood break on the opening, Stays eight days to and then dipped badly. Stays eight d] get back to regular Thursday open- ing, and on that period wiU be lucky to hit $20,000. 'Huckleberry Finn' opens tomorrow (Thurs.). Second week of 'Made for Each Other,' at Music Hall, looks about $68,000, considerable of a drop from the first week's $102,000, but Initial seven days included Washington's birthday, which makes a big dlfler- ence. 'Staijecoach' enters HaU to- morrow (Thurs.). Criterion is doing weU with 'Four Girls in White,' also opened on the holiday and maybe $9,000, best in long time here. Second-run State is taking a back seat with 'Beachcomb- er,' and, on stage. Lucky MUllnder, Frank Albertson and Estelle Taylor, at $17,000. Rialto closed '12 Crowded Hours' last night (Tues.) to $7,000. o.k.. and today (Wed.) opens 'Secret Service of the Air.' Estimates tor This Week Astor (1,012; 25-40-55-65)- "Pyg- malion' (M-G) (12th week). (3ot a lift last week (11th) with Washing- ton's birthday to finish at $13,400, and currently (12th lap) may gM up to $11,000. Here Indef. Capitol.. (4.520; 25-35-55-8Sr$1.25)^ 'Honolulu' (M-G). In for eight days ending toni(;ht (Wed.), but getting nowhere, $20,000 tops. Final six days on third week of .'Idiot's DeUght' (M-G), $19,000. okay. Criterion (1,662; 25-40-55)— "Four Girls in White' (M-G). Given a pre- view, with . 'Mutiny of Elsinore' Wcdnsday (22) and with good start may hit $9,000, very good. 'Mutiny' (Prin). in ahead, got over $7,000, all right Globe (1.274: 25-40-55)— 'Black well's Island' (WB). Opens here this morning (Wed.) alter being held up by censors. It succeeds the sudden booking of 'Darling Daughter' (WB), day-and-date with Strand; This one on four days, ending last night (Tues.), around $7,000 here, equiva- lent to an average good week for house. The final (6th) week of 'Lady Vanishes' (20th-GB) approxi- mately $6,000. Palace (1,700; 25-35-55)— 'Gunga Din' (RKO). Opened here smgSs yesterday morning (Tues.) 'Wings ot Navy* (WB) (2d run), and 'Fisher- man's Wharf (RKO) (1st run) on six days, only S7.200. 'Jesse James* (20th), solo, was a severe disappoint- er, doinjg less than $8,000 on six days. Paramennt (3,664; 25-35-55-85-99) —'Cafe Society' (Par) and Hal Kemp band, plus Tony Martin, Judy Starr and others in person (2d week). Away to smart start Washington's birthday and -maintaining strong pace, first seven days' business end- ing last night (Tues.) talUed $53,000. very , pungent The second week ot 'St Louis Blues' (Par) and Vincent Lopez, plus John Boles, was $29,000. no kicks. Radio City Mnsic Hall (5,980; 40- 60-84-00-$l.e5) — 'Made for Each Other* (UA) and stage show (2d- flnd. week). Ploughed through to $102,000 last week (its 1st), with heavy play Washington's birthday counting plenty, and on holdover currently wlU be about $68,000. suitable. 'Stage Coach' (UA) opens tomorrow (Thurs.). Lent may be expected to get felt a little more here than at some of the other houses which cater to the jitterbug mob. Blalto (750: 25-40-55) — 'Secret Service of Air' (WB). Moves In here this morning (Wed.) after a week of '12 Crowded Hours' (RKO) which got $7,000, fair enough. Six days ot iRenegade Ranger' (RKO) a bit over $5,000, not so forte. BlvoU (2,092; 25-55-75-85-99)— 'Can't . Cheat Honest Man' (U) (2d week), nie count looks like about $12,000 on the holdover (2d week) at hand, and remains four more days, with 'Spirit of Culver* (U) opening March 8. First seven days was $21 000 Boxy (5,836: 25-40-55-75)— 'Wife, Husband' (20th) and stage show. Will have to stretch to hit $42,000, just good enough to rate a holdover. Last week, "Three Musketeers' (20th) got $44,600, however, but didn't hold. State (3,450; 35-55-75)— 'Beach- comber'- (Par) (2d run) and stage show including Lucky MUllnder, Frank Albertson and EsteUe Taylor. Apparently vaude bill Isn't strong enough to make up for what picture lacks after five weeks first-run at the Rivoll, which - took plen^ ot dough out of it: lucky if hitting $17,000. very disappointing. Last week 'Stand Up and Fight' (M-G) and Rudy Vallee scored SS30.000.' nice. Strand (2,767; 25-40-55-75-85-00)— •Darling Daughter' (WB) (1st week) and Kay Kyser (2d week). Rushed in Saturday (25) after censor re^ versal and much publicity but set nothing on fire.. Night business tmder expectations, Kyser drawing 'em in day hours, and first week for picture probably not over $35,000. Kyser is held over six days with 'Daughter* at same cost ($12,> 600). He and 'Off Uie Record' (WB) on the first week less than $35,000, with extra days Friday (24) tor . 'Record' and Kyser meaning an addl-»^ tional $2,900. Treedom/ "Each Other* Good 6G Each in Port Portland, Ore., Feb. 28. 'Made for Each Other' at Parker's Broadway, and 'Let Freedom Rln^ at United Artists are topping the burg's grosses this week. 'Gunga Din' is stUl okay In third week at Paramount, which seldom holds a film longer than two weeks. Estimates for This Week Broadway (Parker) (2,000; 30-3&- 40)— 'Each Other' (UA) and 'Last Warning'. (U). Connecting for good $6,000. Last week (2d) Topper* (UA) and 'Nancy Drew* (WB), okay $4,200. First strong $6,300. Mayfalr (Parker-Evergreen) (L- 500; 30-35-40)— 'Honest Man' (U). Good $3,000. Lest week 'Huck Finn* (M-G) and 'O'Connor' (M-G) good $2,300 in second wk. First we«k at. the tTA okay $5,000. Orpheum (Hamrick - Evergreen) (1,800; 30-35-40) — 'Beachcomber* (Par) and 'Off Record' (WB). Good $5,500. Last week 'Musketeers' (20th) and 'Moto' (20th). average $4,300. Paramount (Hamrlck-Evergreen) (3,000; 30-35-40) — 'Gunga Din' (RKO) and 'Lone Wolf (Col) (Sd wk). Still okay at $4,000. Second week $5,200. First week, great $8,000. Bivoll (Indie) (1,100; 20-25)— 'Great Waltz' (M-G) and 'Vacation Love' (M-G), Average $1,800. Last week 'Stablemates' (M-G) and 'Boo- loo' (Par), so-so $1,000. United Artists (Parker) (1,000; 30- 35-40)— 'Freedom Ring' (M-G) and 'Dramatic School' (M-G). Great $6,000. Last week 'Honest Man' (U> and 'Fast Loose' (UA), nice $4,600. i 10 VARIETY PICTUBE GROSSES Weddesdajt March 1, 1939 musketeers -Crazy Show Only Fair $16,000 in Cleve.; Topper' Nice 14G Cleveland, Feb. 28. Following 'Folies Bergere,' a lolly popper which gave Palace the ripest harvest it's had since snow began to fly, the BKO de luxer is tumbling down to average figures with cur- rent Crazy Show on stage and 'Three Musketeers,' Much was expected of Nat Holt's all-nut unit, but ragged opening and weak flicker are hurt- ing biz. Plenty doctoring is being done on the revue for an RKO tour. Exhibs are yippiiig about double- crossing from Movie Quiz pre-re- leased letters to winners. Estimates for This Week Alhambra (Printz) (1,200; 10-20- 35)— 'Woman Doctor' (Rep)- plus 'Smashing Spy Ring' (Col). Shift to flrst-runners getting only fair four- day play, $1,900. Last week. 'Pride Navy^ (Rep) and 'Gang Bullets' (Mono), three days, mild $1,100. Allen (RKO) (3,000; 30-35-42-55)— •King Underworld" (WB). Just or- dinary $3,500, if that. Last week, •Chan' (20th) in for poor $1,300 for three days, with 'Arizona Wildcat' <20th) on previous four taking un- important $2,000. Circle (Marmorstein) (1,900; 15- 35)— 'Crooked Mile' (Par). Going so slowly it might be cut to half a stan- za, $1,200. Last week, "Swing, Sister* (U), okay $3,100. - Hipp (Warner) (3,700; 30-35-42-55) — "Gunga Din* (RKO) (2d wk). Holding up steadily for excellent $13,000. Initial week ran away with $21,500, grand. Palace (RKO) (3,200; 30-35-42-55) —Three Musketeers' (20th) and Crazy Show on stage. Unit pro- duced here lacking punch and b.o. names, but helpful enough to collect satisfactory $16,000, weather permit- ting. Last week, 'In French' (Par) fot terrific hypo from staged Tolies lergere' and pocketed trifle over $24,000. State (Loew's) (3,450; 30-35-42-55) —Topper' (UA). Not hitting any remarkable mark, but $14,000 okay. Special preview of 'Stagecoach' (UA) Thursday (2). 'Honolulu' (M- G) on last chapter «oUldn"t shake It up to more than a very light $11,000. SUllman (Loew's) (1,972; 30-35-42- 65)— 'Pygmalion' (M-G) (3d wk). Easily worth ,good $5,000 on third episode after nabbing $8,00— ■ •North Shanghail' (Col) and 'Head- ^ ley's '(BF), split with 'Pride of Navy: . (Rep) and 'Fighting Thoroughbreds' (Rep). Normal $2,100. Ditto last week on 'Arizona Legion' (RKO and Convict's Code' (Mono), split with Uttle Pal' (Mono) and 'Moto' <20th). Grand (RKO) (1,200; 25-40)— •Honolulu! - -(M-G) (3d -run). Fair $2,200. Last week, 'Girls White' (M- G) (2d run), slow $2,200. Keith's (Libson) (1,500; 35-42)— • "Fast and Loose' (M-G), eight days. Swell $6,000. Last week, 'Wings Navy' (WB) (2d run), six'days, poor $2,800. Lyrlo (RKO) (1,400; 35-42)— .♦Gunga Din' (BKO) (2d run). Big $5,500. Last week, 'Arizona Wildcat' (20th), season's low at $2,000. Palace (RKO). (2,600; 35-42)— •Musketeers' (20th). Sorry $7,000. Last week, *Huck Finn' (M-G), great $14,500. Sbnberi (RKO) (2,150; 35-42)— •Pygmalion' (M-G) (3d wk). AU right $4,500. Last week (2d), socko $8,000. Pitt B.O. Potent; Topper'-Lopez Paying $19,000 Pittsburgh, Feb. 28. March is coming in like a lion, with 'Gunga Din' iat the .Penn roar- ing the loudest and heading for a smacko gross, while 'You Can't Cheat An Honest Man,' at Fulton, is jump- ing that spot back into the big coin again after a long drought They're topping the town by wide margin, although the combo -of Vin- cent Lopez and Patricia Ellis on stage is peppering Topper Takes a Trip' at Stanley and enabling burg's lone flesh spot to keep head above water. ''PygtaaUon' continues to hold up well and in second week at Warner (third downtown since class hit previously played the Penn) will finish out run strong. Spot geb another h. o. from Penn Friday in 'Gunga Din.' At Al- vin, "Let Us Live,' despite fine no- tices, and 'Swing, Sister, Swing,' are getting nowhere and will come out two days ahead of schedule for 'Wife, Husband and Friend.' 'Lady Van- ishes,' at Senator, is taking big drop after strong opening stanza. Estimates for This Week Alvln (Harris) (1.850; 25-35-50)— 'Let Live' (Col) and 'Swing, Sister' (U), Cricks went overboard • for liive* but subject matter is too grim for general appeal and getting little coin. Moves out tonight (28) after only five days and will hardly snatch $3,200. if that 'Wife, Husband and Friend' (20th) opens tomorrow (1) and management hopes to get nine days in order to maintain rem^lar Thursday getaway. Last week, 'Mus- keteers' (20th).' major disappointment at under $6,000. - Fnlton (Shea-Hyde) (1,700; 25-40) ■'Honest Man' (U). Plenty of mar- quee dynamite in Fields and Mc- (Jarthy-Bergen names and they're registering heavily, shooting Fulton up higher than it's been for almost a year now. Looks like around $8,- 000. and that means h. o., with pos- sibly even a third week. Last week, second of Tailspin' (20th), fair $3,000. Pena (Loew's-UA) (3,300:25-35-50) —'Gunga Din' (RKO). Can hardly miss big $23,000 and chances are it'll eyen go ahead of that. Flicker moves to Warner Friday (3) for continua- tion of downtown run. Last week, 'Wings Navy' (WB). way under ex- pectations at $10,800. Senator (HarrU) (1.800; 25-40)— 'Lady Vanishes' (GB) (2d wk). There's little action oh the h. o. and it comes out after six days for an- other brace of reissues, 'Imitation of Life* (U> and 'Lloyds of London' (20th). Will be lucky to hang up $1,800. Last week plenty okay at $4,600. tops here so far this year. Stanley (WB) (3,600; 25-40-60)— Topper* (UA) and Vincent Loper PaMcia EUls. Flicker minor con- sideration, with Lopez still notent b. o. figure and name value of Miss El- lis helping a lot, too. At around $19,000, they'll pay their way. Last week, 'St Louis Blues' (Par) and Tommy Dorsev; pulled up just short «e>$22,000, good. Warner (WB) (2.000; 25-35-50)— 'Pygmalion' (M-G) (2d wk). Class flicker one of the genuine surorises of the year. Will do neat $5,000 on top of last session's great $9,000. Plus the $24,000 it eot orevlously at Penn, that means $38,000 total talce for run, - - (850; 32-37-42)— 'Jesse James' (20th) ^4th wk). Good $2,500. Last week, same film, $3,200, big. Collseom (Hamrick • Evergreen) (1,900; 21-32)— 'Cowboy and Lady' (UA) and 'Spring Madness' (M-G). Getting okay $2,800. Last week 'Hardys' (M-G) jnd 'Dr. Kildare' (M-G), $2,700, good. Fifth Avenne (Hamrick-Ever green) (2,349; 32-37-42)— 'Huck Finn' (M-G) and 'Dramatic School' (M- G). Expect big $8,500. Last week •Tailspin" (20th) and 'Marry' (RKO), $4,800, poor. • Liberty. (J-vH) (1,800; 21-32-42)— 'Each Other' (UA) (4th wk). Taper- ing off, but still good at $4,000. Last week, same film, dandy $5,100. Musio Box (Hamrick-Evergreen) (850; 33-37-42)— This week dark. Last week 'Honolulu' (M-G). and 'Moto' (20th), four days, $1,900, n.g. Orpheum (Hamrick - Evergreen) (2,600; 32-37-42)r^'Wings Navy' (WB) and 'King Underworld' (WB); Anticipate good $7,800 in nine days. Last week 'Devils Island' (WB) and "Off Record" (WB), five days, $2,800, slow. Falomar (Sterling) (1,350; 16-2'r-' 37-42)— "Dark Sands' (Ind) and 'Forged Passport' (Rep), dual, plus vaude. Looks to reach $4,000, aver- age. Last week 'Flirting Rate' (M- G) and 'Miss X' (Rep), dual, and vaude, slow $3,500. Paramount (Hamrick-Evergreen) (3,039; 32-37-42)— 'Gunga Din' (RKO) (2d wk) and 'Inside Story' (20th), first week. Latter replaced Torchy Blaine' (FN) as . second feature. Paced for big $6,000. Last week plus "Chinatown," stupendous $15,000, new house record. Roosevelt (Sterling) (800; 21-3i2) — 'Artists and Models' (Par) and 'Peck's Bad Boy' (RKO). Looking for $2,200, good. Last week 'Youth Fling' (U) and 'Stotm' (U); $2,000, okay. Lent No Dent To 'Honest Man' In L'viHe,OK$l800 Rooney, $8,500, 'Wings,' $7,800, Seattle's Toppers Seattle, Feb. 28, 'Gunga Din' is hitting a nifty pace in second week after . surpassmg all estimates for initial stanza. Early guesses fell short of the $15,000 the opus garnered. Biz looks okay for 'Wings of Navy,' at Orpheum, and 'Huckle berry Finn' at Fifth. Music Box is still dark for renova tlons, but due to open Friday (3) with 'Pygmalion' (M-G). Estimates for This Week Bine Moose (Hamrick-Evergreen) . Louisville, Feb. 28. Nice brand of product all around Is helping to distribute grosses pretty evenly. Despite the Lenten season, biz at all doymtown houses Is hold- ing to a satisfactory level. 'Pygmalion,' at lioew's State, and Can't Cheat Honeet Man.' at Rlalto, both on dual bills, are running about even StepHfen, although Ijoew's got off to an early start Thursday (23) with a reserved seat showing of the Shaw opus. 'Beachcomber,' at Strand, dualled with 'Disbarred,' is drawing the arty trade, but 'Devil's Island,' at Mary Anderson, la making only a nuld showing. Estimates for This Week Brown (Loew's-Fourlh Avenue) (1,500: 15-30-40)— 'Gunga Din" (RKO) and Oxford Movement pic, •Youth" Marches On.' Pointing to ordinary takings after moveover from Rialto. Getting some help from youth groups and religious organizations on short subject but indications are for medium $2,000. Last week, 'Hono- lulu' (M-G) and 'Homicide Bureau' (Col), okay $2,300. Kentucky (Switow) (900; 15-25)— ■Kentucky' (20th) and Thanks Everything* (20th). Fairish $1,500. Last week. Tough Guys" (U) and 'Artists Models' (Par), split with 'King Underworld' (U) and 'Exciting Night' (U), aU right $1,600. Loew's State (Loew) (3,100; 15-30- 40)— 'Pygmalion' (M-G) and 'Son Criminar (Col). Shaw, opus well liked here and off to fine start with special show Thursday (23), all seats reserved. On eight-day stanza will grab oke $8,000. Last week, 'Each Other' (UA) and 'O'Connor' (M-G), satisfactory $6,800 in six days. Mary Anderson (Libson) (1,000; 15-30-40)— 'Devil's .Island' (WB). Limited appeal for this one. Take will be under par, probably $2,800. Last week (2d), 'Wings Navy' (WB) tallied $2,000, low. Ohio (Settos) (900;' 15)— "King Al- catraz' (Par) and 'Tropic Holiday' (Par), split with 'Escape Night' (Rep) and 'Barefoot Boy' (Mono). Mild -$1:200.— Xalt - we€k, -^CFiihe School' (WB) and 'Campus Confes- sions' (Par), split with 'Bar— 20 Jus- tice' (Par) and 'Happy Landing' (20th), fair $1,400. Rlalto (Foiirth Avenue) (3,000; 15- 30-40)— 'Honest Man' (U) and 'Gam- bling Ship' (U). Combo of Charlie McCarthy and W. C. Fields proving potent here. Should tally oke $7,800. Last week, 'Tailspin' (20th) and 'Pardon Nerve' (20th), fair $6,000. Strand (Fourth Avenue) (1,400; 15-30-40)— 'Beachcomber' (Par) and 'Disbarred' (Par). Laughton pic re- ceived nice notices and picking up some class trade, but nature of pic a little over heads of rank and file. Windup .should be fair $3,000. Last week. 'Man Votes' (RKO) and 'Pa^ ciflc Liner' (RKO); weak $2,000. Shrine Circus, Sports, Snb-Zero Temp. Slough Mpls.; Heart' Big 8^26 Key City Grosses Estimated "iotal Gross ThU Week |1,668,60« (Based on 27. cities, 183 thea- tres, chie/Iv ^rst runs, Includinff M. y.) Total Gross Same Week Last Tear $l,862,Se« iBased on 23 cities, 164 theatres) Rooney, $7,800, Forte in Omaha Omaha, Feb. 28. 'Wings of the Navy,' dualed with 'King of the Underworld' at the Or- pheum, is getting the big take here this week. 'Huckleberry Finn' Is also getting good' support from the natives,- who were won over , by. Mickey Rooney when he was on lo- cation here for "Boys Town' last summer. "Gunga' Din,' still running solo. Is slumping in. its second week after a big first round at~-the Brandeis. - Estimates for This Week . . Avenue - Dundee - Military (Gold- berg) (950-810-650; 10-25)— 'Dawn Patrol' (WB) and 'Cowboy and Lady' (UA), dual, split with 'Gangster's Boy' (Mono), 'Service De Luxe" (U), and 'Marry' (RKO), tripler. Good $2,300. Last week 'Algiers' (UA) and 'Hard Get' (FN), dual, split with 'Great Waltz' (M-G), 'Woman Again' (Col), dual, good $2,300. Brandeis (Singer-RKO) (1,250; 10- 25-35-40)— 'Gunga Din' (RKO) (2d wk). Fair $3,800. Last week smash $7,500. Omaha (Blank) (2,200; 10-25-40)— ■Huck Finn' (M-G) and 'O'Connor' (M-G). Good $7,800. Last week Each Other' (UA) and 'Submarine Patrol (20th), superb $9,000. Orpheum (Blank) (3,000; 10-25-40) —'Wings Navy' (WB) and 'King Un- derworld' (WB). Very good $9,600. Last week 'Honolulu (M-G) and Disbarred' (Par), socko $11,500. Town (Goldberg) (1,250; 10-20-25) ■'Arizona Legion (RKO)' 'Gang- ster's Boy' (Mono) and 'Star Re- porter' (Mono), tripler, all first-runs, split with 'Buckaroo' (Mono), 'Cow- boy and Lady' (UA) and 'Hard Get' (WB), tripler. Good $1,800. Last week 'Prairie' (Rep), 'Man Hunt' (Rep) and "Navy . Secrets' (Mono), tripler, first-runs, split with 'King Arena' (U), 'Algiers'^ (UA), and 'Al- ways Trouble' (20th), tripler, good $1,800. No Selling in Mont'l; 'Gnnga' Good $8,000 Montreal, Feb. 28. Lack of exploitation seems to be at the root of low grosses in this city for the past few months, a con- dition that is not improved by Lent Pictures that are making big money elsewhere fall much below expecta- tions here. "Gunga Din,' at Palace, Is doing well, but not likely to exceed $8,000. Estimates for This Week Palace (CH") (2,700; 25-45-55)— "Gunga Din' (RKO). Best in town and, will likely run couple weeks. Pacing for possible $8,000. okay. Last week, 'Idiot' (M-G), disappointing $6,000. Capliol (CT) (2.700; 25-45-55)— 'St Louis' (Par) and 'Boy Trouble' (Par). Weekend biz hampered by very heavy skiing exodus. Not much above $4,500, so-so. Last week, 'Tail- spm' (20th) and 'Up River' (20th), poor $4,000. Loew's (CT) (2,800; 30-40-60)— Tough Guys' (U) and Benny Davis' Stardust Revue.' Won't see better than $6,500, fair. Last week, Soth- ern-Pryor in person and 'Secrets Ac- lr.e5s'_l.wa), disappQlnting.$7,ooo Princess (CT) (2,300; 25-34-50)— "Son Frankenstein' (U) and 'Down on Farm' (20th). Poor $3,000 is best in sight. Last week, 'Man Votes' (RKO) and 'Marry' (RKO), dlsap- poinUng $3,50a Orphenm (Ind) (1,100: 25-40-50)— 'Kmg Turf (UA) and 'Pride Navy' (Rep). Shaping for nice $3,000 on best ballyhoo in town. Last week, repeat session of 'Each Other' (UA). so-so $1,500. (France-Film) (600; 25-50)— 'Le Patriot' Looks like clicking for nice $2,000. Last week's repeat of 'Alerte' poor $1,000. St Denis (France-Film) (2,300; 20;34)— 'Adrlenne Lecouvreur' and *^'d Sud.' Should return okay $6,000. Last week, 'Prince de Coeur' and 'Rois du Sport,' very good $8,500. Minneapolis, Feb. 28. Recurrences of sub-zero tempera^ tures and Shrine circus and sports events* opposition have been raising havoc with local grosses. It takes super-special pictures to chalk -up really respectable figures. This weelc with only an ordinary lineup ' of films for the most part loop houses are havhig a hard tinje get- ting by. The single newcomer to attract - any considerable attention is 'Young in Heart' ai the State. There are plentjr of raves for this one and hlz is building, The sole h;o. 'Man to Remember,' Is in its seventh week at the World, and shows no sign of slipping. . An adverse factor has been the prolonged cold wave, with the tem- perature down 10 to 20 below zero 'most of Feb. It not only tends to keep prospective patrons hugging the firesides, but is a drain on purse- strings, causing much money that ordinarily might be expended at the theatires to go for fuel. Estimates for This Week Aster (Far-Singer) (900; 15-25)— 'Ambuih' (Par) and 'Secrets Nurse' (U), dual first-runs, split with 'Arl- zona Legion' (RKO) and 'Torchy Blane' (FN), also dual first-runs. Looks like fair $1,500. Last week 'Tom Sawyer* (Par) and "Sunset Trail' (Par), dual first-runs, $1,600, fair. Century (Par-Singer) (1.600; 25- 35-40)— 'St Louis' (Par). Newspaper reviews none too favorable. Will be lucky to get light $3,000 in six and half days, 'Pygmalion' opening Thursday night (2) with special pre- miere. ' Last week 'Gunga Din* (RKO), $5,500, pretty good after big $12,000 in 10 days at Orpheum. Gopher (Par-Singer) (998; 25)— 'Pacific Liner* (RKO). This picture not quite up to the quality that has been maintained here, and which, to- gether with price policy, has mad* hous€f so successful. Current takings may slip to mild $2,500. Last week 'Persons Hiding* (Par), $3,000, pretty good. Orphenm (Par-Singer) (2,800; 25- 35-40)— 'Son Frankenstein' (U). Get- ting some play from the kids and de- votees of horror films but only $5,000, mild, in prospect. Last week 'Mus- keteers' (20th) and Major Bowes' unit on stage, $12,000, good. SUt« (Par-Singer) (2,300: 25-35-40) —'Young Heart' (UA). Heaps of praise from the critics and plen^ of word-of-mouth boosting by cus- tomers. Building nicely and should wind up with good $8,500. Last week 'Honolulu* (M-G), $5,000, light Time (Berger) (290; 15-25)— 'I Was Captive of Nazi Gejmany' (SR). Splprge on newspaper advertising and attractive house front failing to help, only $800, poor. Last- week, 'Sunset Murder Case' (GN), $700. mild. Uptown (Par) (1.200; 25-35)— •Kentucky* (20th). First neighbor- hood showing. En route to pretty good $2,500. Last week 'Dawn Pa- trol' (WB), split with "Sweethearts' (M-G), $2,800, good. World (Stefles) (350; 25-35-40-55) —'Man Remember' (RKO) (7th wk). Continues its remarkable run. Lit- tle variation In highly profitable gross from week to week. Pointed toward fine $2,200. Last week $2,400, big. ROONEY TOPS PROY., $17,000; 'GUNGA' SUPS Providence, Feb. 28. \Huckleberry Finn' is giving Loew's State its biggest biz in months, with two late shows thrown in to ac- comodate heavy crowds. 'Gunga Din,' in third week at Albee, is slowing down considerably. WPRO's Housewives' Serenade Or- chestra was on stage yesterday (Monday) as an added attraction. Estimates for This Week Albee (RKO) (3,300; 25-35-50)— .'Gunga Din' (3d week). Headed for fair $3,500. WPRO's Housewives' Serenade Orchestra on stage Mon- day (27). Last week (2d), nice $6,500. Carlton (Fay-Loew) (1,400; 25-35- 50)— 'Each Other' (UA) and 'Spy Hunt' (Col) (2d run). Looks like nice $6;000. Last week,-'Jesse-James' . (20th) (2d run), neat $5,500. Fay's (Indie) (2,000; 25-35-40)— 'Pardon Nerve' (20th) and vaude. Paced for swell $7,500. Last week, 'Off-Record' (WB) and vaude, peppy $7,600. MaJesUo (Pay) (2,300: 25-35-50)— 'Musketeers' (20th) and 'Inside Story' (20th). Creeping along to tepid $5,500. Last week, Tailspin' (20th) and 'Chan' (20th), fair $6,000. Slate (Loew) (3,200; 25-35-50)— 'Huck Finn' (M-G) and 'Girls White' (M-G). Socko $17,000 in sight Last week, 'Each Other' (UA) and 'Spy Hunt' (Col), nice $12,000. Strand (Indie) (2,200; 25-35-50)— 'Persons Hiding' (Par) and 'Boy Trouble* (Par). Weak $4,000. Last week, 'Ambush* (Par) and 'Woman Doctor' (Rep), so-so $5,000. Wednesday, March 1» 1939 PICTURE GROSSES VARIETY 11 Art Shaw^ailspm Wham $30,000 In Pli%; Adnush Slash Helping Philadelphia, F«b. 28. The new low-price policy that went into effect Friday (24), plus a lineup of good product, Is proving a combo that's spelling socko b. o. in central city WB houses here. AX- though it's a little early tor ofacial comparisons, house managers report they were running at least 30% ahead of the corresponding yreek last year. Leading the league In the goldien shower is the Fox, with its new . stage-Aim policy featuring Artie Shaw's orch and Tailspln.' Consist- ent day and night capacity crowds will ring up smash $30,000. Only Benny Goodman's $34,000 at the Earle last year topped this figure for a name band show. Estimates for TUa Week Aldlne (WB) (1,303; 32-42-57)— 'Stagecoach' (UA). New prices bringing gang of kids to this de luxer to view blood-and-thunder western, which is notching socko $14,700. •Each Other' (UA), in its second sesh last week, brought weak $8,200 after terrific $15,600 for its opener. Boyd (WB) (2,350; 32-42-57)— •Pygmalion' (M-G) (2d wk). StiU riding high for $14,400 after ringing up $10,800 in initial week. Earle (WB), (2,768; 28-32-42)— 'Jesse James' (20th) (3d run). An eye-opener with nice $11,000 for the first week for this house as a straight filmer. Last ' week, Eddie Duchin's orch plus "Man Votes,' so-so $19,100. Fox (WB) (2,423; 32-42-57-68)— •Tailspin' (20th) with Artie Shaw's orch. Socko $30,000, despite weakie film. Last week, 'Musketeers' (20th), poor $12,200. Karllon (WB) (1,008; 32-42-57)— •Each Other' (UA) (2d run). Run- ning ahead of fondest hopes with pretty $6,100. 'Idiot' (M-G) also rang the ball last week with $6,000. Keith's (WB) (1,870; 32-42-57)— •Wings Navy' (WB) (2d run). Sour note with poor $4,100. Last week, •Gunga' (RKO), good for $5,800. Palace (WB) (1,000; 26-42)— 'Boy Slaves' (RKO) plus a raft of shorts. First week as a first-run house looks like profitable $5,000. House, for- merly third run, used to average less than $3,000. Stanley (WB) (2,918; 32-42-57)— •Huck Finn' (M-G). Mickey Rooney still corralling customers, and loote like strong $15,300. Last, week, 'Hon. olulu' (M-G), fair $13,000. Stanton (WB) (1,467; 28-32-42)— Tast Loose' (M-G), Also . on the money band wagon with swell $6,- 600. Last week, 'Son Criminal' (Col), fairish $4,100. mCECOACH' RIDING TOOK$W00INO.C. Oklahoma City, Feb. 28. ..Stagecoach' is off to a very good $5,500 at the State. Last week bad weather sank all but 'Gunga Din,' -which nearly doubled the average gross at the Midwest. Estimates for This Week Criterion (Stan) (1,500; 25-35-40) —Huck Finn' (M-G). So-so $4,300. fast week, 'Idiot' (M-G), $4,800, be- low average. Liberty (Stan) (1,200: 20-30)— fisherman's Wharf (RKO) and Moto' (20th). No better than aver- age $2,500. Last jveek, 'Devil's Is- /IHl '''^^'> and 'Comet Broadway* (FN) split with 'Pirates Sky' (U) and Secrets Nurse* (U), so-so $2,400. Midwest (Stan) (1,500; 25-35-40)— •Honest Man* (U). A bit over aver- age at $5,000. Last week, 'Gunga Dm (RKO), smashed $8,500 in eight days. (Stan) (750; 25-35-40)— Idwt' (Jt-G). N.g. at Criterion and on moveover here only low $1,400 in f'eht Last week (2d), Tailspin* (20th), $1,700, slightly under aver- age. Stale (Noble) (I.lOO; 25-35-40)— Atagecoach* (UA). Good smash $5,500. Last week (2d), 'Each Other* (UA), okay $3,500. Tower (Stan) (1,000; 25-35-40)— Gunga Din' (RKO). Moveover from Midwest getUng very good $3,500. Last week .'SweetheartsV - (M-G)-, noundered in three days to poor $600 and 'Has Nancy' (20th) no better in lour days with $800. 'Gunga' Hot 5G, 'Coach* Nice $3,000 in Lincoln Lincoln, Feb. 28. ■ci "8* Din' is away out in front btagecoach' is its biggest opposlsh. Both pics were brought in with a national ad barrage. >ij town is on the so-so side. Weather is the biggest biz namperer of late. Temperatures Mmpa£t ^° quickly, flu is Esiininles for This Week Colonia (mi - Noble - Monroe) (750; 10-15)— 'Santa Fe Stampede' (Rep) and 'Couldn't Say No' (WB), split with Thundering West' (Col) and 'Mr. Chump' (WB). Fairish $900. Last week 'Frontiers* (Col) and Torchy' (WB), split with 'Trigger Pals' (GN) and 'Over WaU' (WB). so-so $900. „ lllwty (NTI-Noble) (1,000; 10-15- 25)— 'Mr. Wong' (Mono) and. 'I Am Criminal' (Mono). House is slightly off balance with this bill, which is an actlorier. Light $1,400. Last week 'Boy Girl' (WB) and 'Girls Proba- tion* (WB), good $2,000. Lineoln. (LTC-Cooper) (1,600; 10- White' (M-G) and •O'Connor' (M-G), plus mentalist AJano Dass on stage. Pretty good $2,700. Last week %ade Me Crim- inar (WB) and 'Doodle Kicks' (RKO), $2,400, fair. , S*»K* (LTC-Cooper) (1,900; 10-25- 40)— 'Gunga Din* (RKO). Can hardly pull up short of $5,000, very good. Last week 'Honolulu' (M-G). oke $3,800. .Varsity (N-H-Noble) (1,100; 10-25- 35)— 'Stagecoach' (UA). Slow start- er, but nice $3,000 in prospect. Last week (2d) 'Each Other' (UA), slim $1,500. TEMPLE TORRID $30,000 IN HUB Boston, Feb.- 28. •Little Princess' is zooming to a high take at the Memorial; 'Idiot's Delight' earned a holdover and is holding a fair pace at the Orpheum and State. •Beachcomber' is okay at the Met Translux switched from straight newsreel-and-shorts policy to single feature and shorts last week (23). 'Peg of Old Drury' is the opening feature. Estimates for This Week Boston (RKO) (3,200; 20-30-40)— •Am Criminal' (Mono) and 'Headleys Home* (Imp), dual, plus vaude, for five days; and 'Frankenstein* (U) and •Exciting Night* (U) (both 2d run), double, for three days.. Aiming at dandy $8,000. Last week (five days) •Convicts* Code' (Mono) and 'Arizona Legion' (RKO), plus vaude, very good $8,500. Fenway (M&P) (1,332; 25-35-40- 55)— 'St Louis' (Par) and 'Persons Hiding' (Par). Fair $6,000. Last week, 'Jes.50)— 'Gunga Din; (RKO). Kipling opus plus Dis- ?2?„*J!.'*'^* house magnificent $25,000. Last week, 'Jesse James' (20th) (2d wk), nice $18,000. Fox (4,089; 25-50)— 'Off Record' (WB) and 'Frankenstein' (U). Opened Monday (27) after 'Ambush' (Par) and 'Fisherman's Wharf (RKO) were figured for 10-day run; only the usual week to $12,000. ^ ^MX^X 25-35-50)— Topper' (UA) and 'O'Connor' (M-G). Nitty $17,500. pleasing all concerned. I^ast week '^d Up' (M-G) and 'Pirates Sky* (U), good $17,500. PBramonat (4.126; 25-35-50)— •Wings Navy' (WB) and 'Homicide Bureau' (Col) (2d wk). Satisfactory $15,000. Last week, fine $18,000. Strand (2,870; 25-40)— 'Dr. Meade* (Col) and 'Nancy Drew' (WB), plus 'Lone Ranger.* Will do quiet $5,500. Last week, 'Torchy Blane' (WB) and Ted Lewis* orch, good $14,000. 600DMAN-RITZ BROS.33GIN DETROIT Detroit, Feb. 28. Benny (xoodman*s band has 'em swingin' up to the Fox wickets in droves and, coupled with "Three Mus- keteers,' may eclipse his former rec- ord here. 'Wings of the Navy,' ballyed strongly on a state-wide radio hookup, is getting a nice play at the Michigan, while 'Gunga Din,* held for two neat sessions at the Fox, moved over to the Adams for an- other profitable stanza. Flu scare. Lent and several auto strikes are not helping to ease the local scene. Estimates for Tbis Week Adams (Balaban) (1,700; 30-40)— •Gunga Din' (RKO) (2d run) and 'Marry' (RKO). Following two hefty stanzas at Fox, Kipling opus figures to bring home the bacon again, for nice $8,500. Last week, okay $5,000 for 'Youth Fling' (20th) and 'LitUe Tough Guys' (U). Fox (Fox-Mich.) (5,000: 30-40-65)— Three Musketeers' (20th) and Benny Cioodman's band. Goodman pulling the jitterbugs in droves and may top his previous mark here; at any rate a territ $33,000 coming up. Last week, second, good $22,000 for 'Gunga Din* (RKO) and vaude, following swell $33,000 first stanza. Hiehifan (United Detroit) (4,000; 30-40-65)— 'Wings Navy' (WB) and 'Nancy Drew' (WB). Flying film backed up by heffy radio and news- paper bally, including state-wide broadcasts, and should be better than disappointing $13,000. Last week, fair $13,000 for 'Beachcomber' (UA) and 'West Point' (UA). Palms-State (United Detroit) (3,- 000; 30-40-50)— 'Beachcomber* (Par) (2d run) and 'Convicts Code' (Mono). Laughton opus moved here from Michigan; paced for fair $5,500. Last weelc, okay $5,900 for Tersons Hid- ing* (Par) and 'Pride Navy' (Rep). United ArUsU (United Detroit) (2,000; 30-40-65)— 'Huckleberry Finn' (M-G). Set for iibout $9,500. fair. Last week, second, around $8,000 for 'Honolulu' (M-G) following okay $11,000 first stanza. Daughter Brings Home $24,000 In L A.; 'Bhies' Happy $19,000, lade' N.G. I71/2G, Ian Votes' 12G Los Angeles, Feb. 28. There are several bright spots cur- rently, with 'Yes, My Darling Daugh- ter' and 'St . Louis Blues' leading tht parade. Warners' controversial ^m 18 getting a satisfactory gross at the Downtown and' Hollywood on first week, while 'Blues,' with personal appearance of Maxine' Sullivan^ is giving the Paramount a profitable stanza. 'Blues' holds over. 'Made for Each Other' is failing to come up to expectations at State and Chinese, same also for 'Great Man "Votes* coupled with "Let Us Live* at Pantages and RKO. Move- over of 'Honolulu* is adding close to another $12,000 to last we^'s take, and Four Star, with 'Pygmalion,' has nothing to worry about for at least another month. Estimates for This Week Chinese (Grauman-F-WC) (2,024; 30-40-55-75)— 'Each Other* (UA) and 'Pardon Nerve' (20th). Looks like very ordinary $8,500. Last week, 'Honolulu* (M-G) and 'Girls White* (M-G), fine $12,800. DawnUwn (WB) (1,800; 30-40-55- 65)— 'Darling. Daughter* (WB) and 'Torchy Blane* (WB). Controversial film .okay $11,500 in eight days and BUFF. HEALTHY; ROONEY FIT 14G Buffalo, Feb. 28. The b.o.'s are staging a strong comeback this week, with plenty of business showing at most of the downtown theatres. 'Honest Man,' at the Lafayette, Is taking good money and is good for a holdover. Huckleberry Finn,' at the Buffalo, is- also getting a neat gross. Estimate* for This Week Bulbl* (Shea) (3,500; 30-35-55)— •Huck Finn' (M-O). Nice going, with figures probably reaching fine $14,000. Last week, 'Each Other' (UA), very satisfactory at nearly $14,000. Ceatary (Shea) (3,000; 25-35)— 'Jesse James' (20th) (2d run). Eight days toT this should see excellent $8,000. Last week, 'Persons Hiding* (Par) and 'Marry* (RKO), poor $4,000. Great Lakes (Shea) (3,000; 30-50) —'Wings Navy' (WB). Looks like weakest in town; so-so $6,000. Last week, 'Gunga Din' (RKO) (2d wk), near $8,000, very nice. Hipp (Shea) (2,100; 25-40)— 'Pyg- malion' (M-G). Showing strong, probably excellent $9,000,- Last week, 'Girls White' (M-G) and 'Bull- dog Dnunmond' (Par), fair $6,000. Labyett* (Ind.) (3,300; 25-35)— •Honest Man' (U) and •Exposed' (U). Running on high for over - $12/100. Last week, •Secrets Nurse' (U) and 'Long Shof (GN), poor $4,600. . Frisco BaOeS Fed Fair s Inroad, But Fidds-Bergen Good San Francisco, Feb. 28. After last week's upset, theatre men agree that most anything can happen here during the life of the Golden Gate Expo. Everyone pre- dicted that business would be way off during the first few weeks of the Fair, with most of the natives spending most of their time and dimes on TT^ure Island until the novelty wore off. But just the oppo- site happened. The natives stepped to one side during the first few &a!js of the fair to make way for the folks from the rhubarb towns. However; on " Washington's birth- day, San IVanciscans took to the is- land, and theatre biz dropped off ac- cordingly. ' Although the Orpheum theatre won't gross top money this week, the house will show the best increase in biz over previous bills, with 'You Can't Cheat an Honest Man.' Estimates for This Week Fox (F-WC) (5,000; 35-55-75)— 'Wings Navy' (WB) and 'Arizona Wildcat' (20th). Pretty good. fare,, but not sock at the b.o. Sailing along to $16,000. Last week 'Huckle- beriy Finn' (M-G) and 'Crooked Mile* (Par), $14,500, not so bad con- sidering preem of expo. Golden Gate (RKO) (2,850; 35-55) —'Man Votes* (RKO) and vaude, plus March of Time. Won't get over $10,000, mild. Last week (3d) 'Gunga Din' (RKO) and vaude, wound up hefty run with excellent $11,000. Orpheam (F&M) (2,440; 35-55)— 'Honest Man' (U) and 'Son Is Crim- inal' (Col). Teaming of Fields with Bergen and McCarthy creating con- siderable interest, which is reflected in good $11,000 draw. Last week 'Let Live' (Col) and 'Dr. Meade' (Col), poor $5,500. rsramrant (F-WC) (2,740; 35-55- 75) — 'Beachcomber' (Par) and 'Boy Trouble' (Par). Paramount opened a day earlier than usual with this .pair. — However^.-doesn*!. -anticipate, more than fair $11,000. Last week (2d) 'Honolulu' (M-G) and Mr. Moto' (20th) okay $7,000 in six day& Si Francis (F-WC) • (1,470; 35-55- 75)— 'Pygmalion* (M-G) (2d wk). Word of mouth publicity a great help and biz is fine at $8,000. Last week good $9,800. United Artists (Cohen) (1,200; 35- 55-65)— Topper' (UA) (2d wk). Okay $8;000 in sight for second stint. Last week, good $10,300. Warfleld (F-WC) (2,680; 35-55-75) —'Darling Daughter' (WB) and 'Par- don Nerve' (20th). Publicity given New York censorial objections to 'Daughter' has piqued curiosity of local showgoers. Anticipate fair $12,- 000. Last week 'Made Me Criminal' (WB) and 'O'Connor' (M-G), very satisfactory $14,000. holds. Last week, 'Wings Navy* (WB), second week, fair $6,000. Four Star (F-WC-UA) (900; 40-55) —'Pygmalion' (M-G) (10th week). No letup in sight, with ninth week hitting $4,600 and setting new house record for $50,000 take in that period. This week will earner another $4,200. HoUywood (WB) (2,756; 30-40-55- ' 65)— 'Darling Daughter' (WB) and 'Torchy Blane' (WB). Profltabl* $12,500 on eight days. Last week, 'Wings Navy' (WB), second stanza, okay $5,500. Orphenm (Bdwy.) (2,280; 25-30-35- 40)— 'Mr. Moto* (20fh) and 'Arizona Legion' (RKO), dual, and vaude. Switched back to double first runs currently, with ainswer okay $7,200. Pantages (Pan) (2.812: 30-40-55)— •Great Man Votes* (RKO) and 'Let Live' (Col). Couple of previews rushed in so week will end with around $6,000, fair. Last week; •Gunga' (RKO), fourth week, good $5,600. Paramount (Par) (3,595; 30-40-55) —'St Louis Blues' (Par). Hitting very profitable $19,000 on first stanza, aided by Maxine Sullivan (of cast) on stage, and holds for second weelL Last week, holdover of 'Beachcom- ber' (Par), very profitable $12,000. BKO (2.872; 30-40-55)— 'Great Man Votes' (RKO) and 'Let Live' (Col). Garnering fair $6,200 on singls stanza. Last week (fourth), 'Gunga' (RKO), sweet $7,100. State (Loew-Fox) (2,414; 30-40-55- 75)— 'Each Other' (UA) and 'Par- don Nerve* (20th). Not so forte with $9,100. Last week, 'Honolul i' (M-G) and 'Girls White* (M-G), very good $17,000. United Artists (F-WC) (2,100; 30- 40-55)— 'Honolulu' (M-G) and 'Girls White' (M-G). Neat $3,900 on move- over and holds. Last week, 'Stand W (M-G) and 'Woman Doctor* (Rep), not very profitable $3,100. Wilahlre (F-WC) (2,296; 30-40-55- 65)— 'Honolulu' (M-G) and 'Girls White* (M-G). Very excellent $6,400 on moveover and holds. Last week (2d), 'Idiot' (M-G) and 'N. Y. SleepsT (20th), very good $5,000. lEimooo HONEY INIC Kansas City, Feb. 28. Total take along theatre row is In an ordinary vein, though several bright spots are apparent Of the new films, 'Honolulu,' at Midland, and 'You Can't Cheat an Honest Man,' day and dated In Uptown and Esquire, are out in front 'Gunga Din' stays on at the Orpheum for a third week, best bit of celluloid in this house in months. Fox Tower Is bidding adieu to vaudeville after nearly five years of continuous op- eration. Policy announced for next week is double features, but house also has couple of name bands set for early dates. Estimates for This Week Esqahre and Uptown (820 and 1,- 200; 10-25-40)— 'Honest Man' (U).. Comedy 'combo of Fields. McCarthy and Bergen the draw here. Good $6,500. Last week Tailspin' (20th), nine days, good $7,000. Hidbnd' (Loew's) (3.573: 10-25-40) —'Honolulu' (M-G) and 'Spy Rin^ (Col). Ciood $13,000. Last wedc 'Idiot' (M-G) and 'Dr. Meade' (Col), $10,000, acceptable, but not up to ex- pectations. Newmaa (Paramount) (1,900; 10-29- 40)— 'Beachcomber' (Par). Wednes- day <4>ening giving icouple of days jump on other new bills. Early start helping to $5,300. average. Last week 'Wings Navy' (WB), C7,300, nice. Orpbewn (RKO) (1.500; 10-25-40) —'Gunga Din' (RKO) (3d wk). Presently looks for $5,000, good in v tew^o f previous $7,000 and $10,000 Tmrer (Fox-Midwest) (2.050; 10- 25-40)— 'Musketeers' (20th) with Jack-Fultoo- heading stage bill. Biz light at $6,500, marking closing week of vaude here. Last week 'News- boys' Home' (U) and stage show, poor $6,000. ♦Uve'-Stander, $11,000, Rooney, 12G, OK in Balto Baltimore, Feb. 28. No gauge yet as to the possible effect of Lent on local biz, with h.o.s and shifting opening dates compli- cating de luxe setup. 'HucUlcberry Finn, at Loew's Century, and 'Wife^ Husband and Friend.' at the New, holding solid pace after promising, openings. Good exploitation behind 'Let Us Live,' coupled to vaude lay- (Contlnued on page 47) n VARIETY Wednesday, Marcb 1, I939 W. G. VAN SCHl^US, MANAGING 1>I.RECT0R 6F feADlO/GlTY MUSIC HALL, where 300,000 people 8aw;])aTid O.^Selziiick*s great hit! during its two week hold-over eogagementr**Will be among the best'' pictures of 1939", prophesied the Evening JPo8t.?!A sure-fire, hit!* said' the Evening Sun.^ jr. YON HERBERG, LIBERTY THEATRE, SEATTLE. One of. the .northwest's outstanding showmen whose inspired handling of a .fine picture has hisured it a FOURTH WEEK HOLD-OVER. E. V. DINERMAN, First Prize Exploitation Winner in Motion Pictures! Greatest Year, who put his best showmanship' Into a superlative campaign that sent "Miide For Each Other*' into, the top brackets at the ALBEE, CINCINNATI. SIDNEY MEYERS, eminent showman of the South whose astute management of the world premiere at the LINCOLN THEATRE^ MIAMI BEACH, created a new season's" high and resulted , in. a 'move-over to the MIAMI and the STATE for a continuous first run. EVERY SHOWMAN who knows it pays to put added effort behind a picture that prospers^on word-of-mouth commendation and sends every patron, out of the theatre singmg its praises. (It paid in BRIDGEPORT, HARTF0RD« JWN HAVEN and PROVIDENGE where **Made For Each Other" is one of the few top ^ictureajjltecent years to earn a H0LD-QV£R!) ^^^^^^^^^^^^^^^ ^ j^fivMH^ ^Jfofcvt Cn^Hnv^ jj ftwj i t j ^hy jto ^Nfttrifty INTERNATIOlfAL NEWS Cable Addrtsir TABIKIT, lANOOM Tel«»hMW Tcapl* MU-SMS VAGARIES OF CENSORSHIP NEW PRIESTLEY PUYFETERS IN LONDON London, Feb. 28. Though Basil Dean has given J. B. Priestley's 'Johnson Over Jordan' a pretentious production, the morality play appeared an unlikely entrant in its debut at the Nev here last Wednesday (22). An excellent cast, headed by Ralph Richardson and Edna Best, Is push- ing the play to good business pres- ently, but the libraries are skeptical and as yet have made no deal. Recently tried out at • Sunday performance, Michael Egan's com- edy, To LoVe and to Cherish,' opened Tuesday night (31) at the ^ngsway and was well received. 'Asmodee,' translation from the French of Francois Maurlac's domes- tic comedy, was splendidly acted at the Gate Thursday night (23) and well received. However, It showed itself to be too French in theme for general English appeal. GOUHN BOSSES NEW PARIS BOOKING COMBO Paris, Feb. 20. The first lizeable film, radio, musla hall and theatrical booking combo In Paris gets Into swing shortly under the direction of Rot- tenburg and Mitty Goldin, opera- tors of the ABC, variety, house here. Hans XiOndon will bsmdle the film bookings; Albert Tavd, former indie, will join the association and Harry Salzman, American, associated with the Goldin office for .several years, will take care of radio bookings. Maurice Detaille, who has such French stars as Marie Dubas and Charles Trenet under, personal man- agement, will work through flie or- ganization. The entire^ will be under Goldln's guidance. Hungary Issues New Restriction on Actors Budapest, Feb. 18. Further restriction of actors has been announced by State Secretary Zsindely, who declared that in the futur* on^ graduates of the State Stage Academy will be admitted as members of the Stage and Film Chamber, except in very exceptional cases. Since only members of the Cham- ber ere allowed to show, this means that none but Academy graduates will get contracts in future. This, of course, spells ruin to private stage schools and individual tuition. French Go H'wood Paris, Feb. 20. The French are planning an Acad- emy of Motion Pictures to be modeled on the similar group in America. ' Aim of the organization would be the same as its American forerunner, naming the best native and foreign production of the year, etc. Hunter Aussie to L. A. • Harry Hunter, Paramount's man- aging director in Australia, is due to arrive on the Coast from Sydney about March 20." He plans to go directly to his home >n the state of Washington before coming to New York for homeoffice confabs. OLD VIC CO. IN ITALY Milan, Feb. 18. Under the auspices of the British Council, London, and the Public De- •partajent for Popular Culture, Home, the Old Vic Company of London is touring Italy, playing in Milan, Florence, Rome and Naples. A tour of Egypt follows. 'Snow Wbhe' Gete Dutch OK After Censor Wrangle The Hague, Feb. 18. After being reviewed by the cen- sors four times, 'Snow White' has been admitted for universal exhibi- tion in Holland. First three verdicts sanctioned it only for those above 14 years of age but the final one ap- proved it after the picture took sev- eral more cuts. 'Gangs of New York' (Rep), 'Angels With Dirty Faces' (WB) and The Lady With the Blue Fox' (Ufa) have been banned. Reinterpretation (tf British Quota May Halt Revamp Amendment of the British quota law this month in London may be avoided through discovery of new interpretation on the way the statute reads on high percentage features, according to word received In New- York by American film companies. Re-interpretation of this part of iguota act, expected from the Board of Trade this month, may stall de- mands for overhauling the law to bolster dwindling production' in Great Britain. Last November the Board of Trade ruled that foreign companies (main- ly U. S. distributors) must fill out their quota requirements with only '50% . single-credit or low-cost pic- tures. If this part of the quota is interpreted to mean that American companies may fulflU all their quota requirements with double and triple quota (hi^-budget) pictures. Brit- ish picture people believe It will naturally increase the num]>er of ex- pensive pictures in production on the British Isles. They also think that it might leave the w£. open for a quantity of low-cost features strictly for English consumption and limited distribution. New Interpretation on quota with its upping of the number of big money-making pictures is taken to mean that British producers would secure enough additional revenue return to re-establish their old pro- duction routine, at least on a limited scale. Corrent London Plays (With Dates When Opened) 'Me and My Girl,' Victoria Palace —Dec. 16, '37. 'Room for Two,' Comedy — Sept. 6, '38. 'Dear Octopus,' Queens— Sept 14, •38. 'The Com Is Green,' Duchess — Sept. 20, "SO. men We Are Married,' St. Mar- tin's—Oct 11, '38. 'Quiet Wedding,' Wyndham's— Oct 14, '38. 'Goodness, How Sad,' Vaudeville— Oct. 18, '38. 'Geneva,' St. James— Nov. 22, '38. 'Under Your Haf Palace— Nov. 24, •38. 'No. 6,' Aldwych— Dec. 21, '38. 'Queen of Hearts,' Lyceum — Dec. 24, '38. They Walk Alone,' Shaftesbury— Jan. 19, '39. 'Magyar Melody,' His Majesty's^ Jan. 20, '39. 'Design for Living,' Haymarket— Jan. 25, '39. Tony Draws a Horse,' Criterion- Jan. 26, '39. 'C^aslight' Apollo— Jan. 31, '39. 'Worth a Million,' SaviUe— Feb. 2, '39. 'French Without Tears," Piccadilly -Feb. 5, '39. 'Little Ladyship,' Strand— Feb. 7, '30. 'To Love and to Cherish,' Kings- way— Feb. 21, '39. •Johnson Over Jordan,' New— Feb. 22. '39. FEENCH CINEMjIS UP Paris, Feb. 20. In France and the colonies during 1938 there were 81 new houses opened compared to 45 in 1937 and 38 in 1936. FOREIGN IDEAS There'd Be Nothing Left in Cellaloid If All Nations Comliined Thdir Tabus Uniformly — Sex O.K., but Gangsters Not — Religibso, Aesthetic, Humane (Ani- mals) and Other Hurdles ANYWAY, A HEADACHE . Growing tendency of censorship boards in America to become more severe on feature pictures — some film men suspect in order to justify their political existence — re- cently called attention to the di- verse methods and differing rules both In U. S. and in foreign field. Estimated that if a compilation of all the various censoring ^stems, with bans and exaggerated notions on morals, could be made into a single code, it would leave the film Industry deaf and dumb. Idlosjmcrasles peculiar to each censorship system often are In no way related to other methods.. They may vary from state to state; city to city, and certainly are different from country to country. There are certain privileges of thought re- tained exclusively by <;ach. Europe and other foreign nations difler on censorship from U. S., but are harsh as a rule in accordance with their own special ideas. Rea- sons given for deletions, when they are given,- often are as strange as the cuts themselves. Recent actions by censors ii' Amer- ica indicate that the censor boards possibly have been reading up «p slashes made to American product in the world market However, the trade is hopeful that neither munic- ipal nor state censoring will' attempt to frame a code, complied from all quirks of foreign censoring bodies, and push It down the throats of Ameritan producers. Nudity, which seldom has been frowned on in France, Is barred in tlie U. S. Recently French produc- ers have supplanted spicy situations and dialog for franker nudity. On the other hand, the French minister of inferior has told the censor board not to pass any more U. S. gangster pictures. The British Idea Generally, Great Britain and the colonies follow nearly the same rules in censoring pictures, but pro- ducers must be cautious to watch for certain -special rules appying to such territories as Canada and Australia. For instance, England is touchy about no cruelty to animals, being particu- larly careful to see that horses are not mistreated. But Canada is more watchful of dialog and all violence, and seldom squawks about animals. England'.- censors have rigid restric- tions on religious deference. They recently eliminated a scene in which a blessing was said in Latin. They also scissored a scene in an operat- ing room, except for a brief flash. Australia and England are tou^ on morbid material, although the latter goes for sex suggestion to some extent Among the countries harsh on anything they believe will ' be harmful to juveniles are Japan, Australia, England and Canada. Gunplay has been bannM to a large extent by the Aussies, although not fussed about until a machine-gun holdup In Australia back in 1030 brought the change. Canadian censors watch dialog with care, eliminating .such words and phrases as 'blasted,' 'sUnks,' 'by gad,' 'Mein Gott' and 'danm.' They also asked that the expression 'Jam in the guts' be deleted, although' a new British-made feature permitted the word, 'guts,' repeatedly. Canada also trimmed a wrestling scene from a newsreel and a fight between girls in a feature. Japan not only slashes every i scene in which there Is kissing, but I Franco Gov't Seen Favoring Italy, Germany on Distribution in Spain Heartbreak House Most recent peculiarity In British censoring occurred with 'Boy Trouble,' forthcoming re- lease, which will also be known as 'Two Weeks with Pay' in England. One of most powerful scenes in the picture shows Charles Ruggles reading a psalm as an emergency prayer for the recovery, of his son. British censors, always circumspect on religion, decided that the entire sequence must come out because the film is classified as a com- edy. Action taken despite Par's con- tention that it was a vital scene, and dramatically important "to the picture. - Becent Bans Jamaica, B.W.I.— 'Dead End' and 'Fury.' Greece — 'Prisoner of Zenda,' 'Amateur Gentleman,' 'Dead End.' Singapore— 'Angels With Dirty Faces.' Ban lifted on 'BloAaie' by : Bulgaria, and approved for dis- tribution first of this year. Australia made distributors change 'bloody theme' to 'puppet theme' in a recent film. Viennese Squawk Oyer Synchroidzed American Films; Prefer Original Vienna, Feb. 18. Vienna filmgoers are complaining about the synchronization Of foreign Aim imports. While formerly almost all foreign films, mostly American, English and French, were shown in their origi- nal make, with German sub-titles, there's now the tendency to syn- chronize all. One of the reasons claimed for the good business of foreign pictures was that the audience preferred to see and hear the original make. BoxoSices have dropped consider- ably lately and cause Is laid to the qoiQOs. It's 'unnatural' to bear Clark Gable, Carole Lombard, Loretta Young and others talk Ger- man, the customers complain. Plans to Reconstruct Tel Aviv Into Resort Tel Aviv, Feb. 15. Transformation of the Tel Aviv beach into a resort similar to those in Nice and Cannes, is being sought by the city's engineer, D. SchliTman, who wants Tel Aviv to give him ^350,000 to begin the work. He says lie'll get private capitalists to invest a couple of million more. He plans to ' erect hotels,, play- grounds, swimming pools, boule- vards and cafes in lavish style. o' late has cut out dialog reference to osculation. Japanese also elimi- nated a scene where a policeman is shown eating a banana. Egypt de- leted a sequence showing an escape from an orphanage because 'it sets All violence, torture, threats of a bad example for school girls.' death and murder are eliminated in Belgium, as are romantic scenes if slightly suggestive. British Colum- bia, like England, cuts scenes of horses falling, considering that as cruelty to animals. Latvia okayed a glbrlfled western musical, but made 11 eliminations, including a scene 1; wLicb a poker game is played. Holland is watchful of the relig- ious angle, banning pictures alto- gether when there are religious ob- lections. Probably (be most liberal are the Latln-Americah countries. Almost anything goes because, until recently, they have not had time to think of censorship. Paris, Feb. 28. Complete Franco victory In Spain, now apparently a certainty as a re- sult of developments during the past few days, is expected here to bring a slow but steady recovery of show business in that country. Even if unfavorable restrictions are placed against U. S. pictures, the situation nevertheless would be a big improvement over present dis- tribution In the war-ridden penin- sula. It's held. American companies have carried on for about two years in Spain at a loss and without new product entering the country for ap- proximately 18 months. With Barcelona in Franco's hands, regular showing of pictures in that metropolis and restoration of print shipments Is counted on shortly. However, Informed sources believe U. S„ French and British product may not get the break given Italian and German pictures since the latter two countries are held to be mainly responsible for the Franco success. However, others purportedly in close contact wlUi Franco and his policies forsee Impartial regulation of all foreign picture product, at least until the new regime is restored to a normal operation. Continual shelling of Madrid In recent weeks resulted in many the- atres being damaged. But despite this, about 40 houses are reported operating In the Madrid sector on a hit and miss schedule even though films are oldies. Before the Franco drive against Barcelona, it is estimated that 50- 6S% of cinemas In that city ran on vaiying schedules of one to three nights weekly. It depended on what pictures were obtainable and if the electric power was available since much of It was conunandeered for war industries. . The distribution was in the hands of the Federation of Anarchistic Iblrlque, which expelled regular picture people, paid wages to employees and pocketed the pro- ceeds for war needs. Distributors who attempted to desert government (loyalist) terrl- tory for Franco-controlled provinces found themselves branded as Com- munists and could 'not do business | there whUe the FAI and other simi- 1 lar orgsnlzatlons took the business out of their hands if they remained In governmental Spain. LUISE RAINER'S LONDON PLAY NOW IN DOUBT London, Feb. 26. Theire are two conflicting versions here on whether or not L se Rainer will take the lead In 'Spears Against Us,' in which she was reported sev- eral weeks ago to have agreed to star for Basil Dean. One version state? that while cur- rently in Paris, she's coming over to look over the script. Another says that she has already turned it down. Rene Borgia's Spanish Prodaction at Astoria Several Spanish films are sched- uled for production soon at the Eastern Service Studios, Astoria, L. I., ■ according to Rene Borgia, Spanish writer-director, who will both produce and direct one such series. Active on the Coast in production of Spanish features, Borgia wound up shooting last week in Mexico City on an untitled Spanish flicker set for RKO release. NEW HEX CO.'S PS00R4U Mexico City, Feb. 28. Five features, all Spanish talkers, this year is tlie program of Mex> inema, newest domestic picture maker. Company is building its own studios here. 14 VARIETY Wednesday, March 1, I939 BESTS Best Art Directton Carl Weyh for ADVENTURES OF ROBIN HOOD Best Filiii Editing Ralph Dawson, for ADVENTURES OF ROBIN HOOD Best Original Score Erich Wolfgang Komgold, for ADVENTURES OF ROBIN HOOD ^ednesdaj, Marcb 1, 1939 FILM REVIEWS VARiETr ' 15 12 CROWDED HOURS rKO raleaM of Robert Blak production. Mian Richard DIx: (wturei IaicIII* Bal), Allan Lane, Donald MacBrlde. Directed by liw Ijanders. Screenplay - br John Twiet fiim alory by Garret Fort and Peter ^furic- editor. Harry Marker: camera, KKiaa Muauraca. At RIalto, N. Y., wie" Feb. 22. '8». Running time: M MiN9. Kti^w Qreen Richard Dlx Jiula sSndi™: l-ucme Ball Dave Sanrtora • ,• AUen Lone In" pector Keller. ..... . ... Donald MacBrlde ^>■9taln Cyrua W. Kendall McBwSn- • aranvlllo Bate. John Arledge Tom Miller ....Bradley Pnge 4i,elina Dorothy Lee Bpraulat Addlaon Rlchanta ?H?n. . .. . . .Murray Alper iimmr John Qalaudet BovUch. . Joaeph de Stephanie In view of the current case of Jimmy Hines In New York, this action-thriller is a timely entry. One of the better B's from Tlobert Sisk's division on the RKO lot, the story of policy and murder should give a faiAy good account, of Itself m the Bmaller singles and on the tag end of duals in the larger houses. Richard Dlx's name also helps, while the exploitation angles are numerous and obvious. It's a good production, good direction and, in the major part, a plausible story. Per usual with Hollywood, the news- paper office and newspapermen are ridiculously exaggerated. The lat- ter, plus some of the police work assigned Donald MacBrlde, are this picture's only major faults. Film moves fast and breezes home in 64 minutes. Story revolves around Cyrus W. Kendall who, as Costain, portrays a well-fed, mur- derous policy king. When three of his collectors try to scram with $80,- 000, he neatly murders them by having a specially built truck crash Into their cab. A city editor, how- ever, is killed at the same time, which puts Dix, star reporter, on Costain's trail. He had meanwhile become Involved with the under- world through trying to save his fiancee's kid brother, Allen Lane, from the gang's clutches. Lucille BaU is the love interest and is fairly effective without having very much to say or do. Dix plays the reporter and does the best possible to overcome the ecript's handicaps. Picture's best Serformance, however, Is that of (acBrlde, who first went to Holly- wood for RKO's 'Room Service' from the stage play of the same name. MacBride is a refreshingly new screen detective, though that bit of placing one criminal in the custody of ' another Is a major absurdity. Kendall's racketeer portrayal is forte, and John Arledge does nicely with the comedy role of a copy boy. Rest of the cast Is unimportant to the story or action, this including the featured Allen liane. Lew Landers' direction la com- mendable for Its tempo, and the photography hits a fair average.' - Scho. sonable action by all principals than in the initial flhn. Still retains much fantastic melo- drama, but it seems fairly plausible as handled by the present corps of thespians. Doubtlessly the skfll of the director also helped. If the for- mula can be retained as well as George Sanders in the lead, RKO appears to have a neat package for |roup of detective yams. >anders, who has made his way slowly but consistently on the Hol- lywood screen since coming from Sngland, blooms as a full-fledged lead in this production. Character of the lone-woU Sherlock appears cut to order for him. Despite an adroitly handled romance with the femme gangster lead, he retains his Identity as a diligent student of crime at the blowofl. Miss Barrie, as che beaut who starts her own gang to avense the frame - on her father, is excellent in the more mov- ing passages as well as in the few love episodei. Jonathan Hale, the Detective Far- nack of the first 'Saint' picture, again keeps this role, making it appear reasonable even In moments where he Is overshadowed by the super- human efforts of the crack sleuth. Nell Hamilton, Barry Fitzgerald, Russell Hopton,. Edward Gargan, Gilbert Emery and Robert Strange head the well-balanced support Aside from Farrow's capital direc- tion, the editing and the pungent dialog stand out. Robert Sisk has given It strong production for a yam of this sort Wear. The Saint Strikes Back RKO relcaae of Robert Siek production. P«ature> GeorKe Sanden and Wendy Bar- rie. Directed By John Flarrow. Screenplay by Jobn Twiat (ram novel by Lealle Chnr- terla; editor. Jack Hlrely; mualcal direc- tor, Roy Webb: camera. Frank Redmnn. Revlawed In Projection Room, N. T., Feb. 2*. '89. Runnlns time: 67 MIN8. Blmon Templar George Sandera Valerie Tiavera Wendy Barrie Henry Femack Jonathan Hale Cullls Jerome Cowan Allen Breck Nell Hamilton ' ZIppec Dyaon Barry Fltzserald Webgter Robert Elliott Harry Donnell Ruiaell Hopton Pinky Budd Bdward Gargan Commlaaloner Robert Strange martin Baatman Gilbert Emery Secretary Jamea Burke The Saint' is back on the screen, this time apparently to stay as part of a series I>ased on the exploits of Leslie Charteris' fictional character. RKO's 'Saint In New York,' first in group, made last May, has virtually a different cast New the 'Saint' character has been made a "super- sleuth who aids the police or handles enemies of society as he sees fit sin- gle handed. _ New adventures of this modem Robin Hood, who Is depicted as a smooth worker not adverse to some lone pilfering from those with too much money, are carried on by George Sanders. Co-featured is Wendy Barrie, who fits splendidly Into the romantic seml-gangstress role. Deft scripting by John Twist and equally agile directing by John Far- row have made this ostensibly pro- gram production a topflight 'B' fea- ture. Given better known names for .. ..the marquee and it- might well -have, soared above this classiflcation. Even as is the film will go down as the type of whodunit, gangster meller . that is popularly received. It duclcs the gangster odlimi by treating gangland methods as haphazard, or showing them up through the me- dium of the 'Saint's' clever activity ^also by having him on the side of the law. 'Saint Strikes Back' shows him en- terlne an Involved crime tangle In San Francisco as a friend of a New York detective and eventually prov log to the misguided beauty— tem ^. porarily, gone lawless to avenge a a frameup on her father — that crooks in the police department brought about her parent's downfall. There Is less of the silly courage In dan- gerous spots displayed by The Saint' In this story, and more rea- Nancy Drew — Rejporter Warner Broa, producthn and releaee. Featurea Bonlta Granville, John Lltel, Frank Thomaa. Jr.. Mary l,ee. Directed by William Clemena. Original acreenploy, Kenneth Gamet; baaed on atorlea by Caro- lyn Keene: camera.. Arthur. Edeaon; mualc, H. Reemheld; dialog director. John Lan- iran^ editor. Frank Deivar. At Strand, Brooklyn, N. Y.. Feb. 24, 'St. dual. Run- ning time: 65 MINS. Nancy Drew Bonlta Granville Caraon Drew John Lltel Ted Nlckeraon Frank Thomaa, Jr. Mary Mary Lee Bonnie Lucaa Sheila Bramley MIlea Lambert ..Larry Williams Eula Denning Betty Amann Boatwlck Thomaa Jackaon Killer Parklna Dickie Jones Sergeant Kntwhiatle Olln Howland- Captaln Tweedy Frank Orth Another of the series taken from Carolyn Keene's stories, this one is great stuff for the moppets, but featherweight for adults. Booked on that basis, it's a likely piece for the multiples, although even then it will need a hefty running mate. Yarn is so implausible it's virtu- ally a satire on newspaper pictures— and on juvenile hero films, too, for that matter. Bonlta Granville, con- tinuing her Nancy Drew character- ization, is a demon reporter to ob- literate the memory . of Richard Harding D^vis, as well as a sleuth to send J. Edgar Hoover back to play- ing cops and robbers with the neigh- borhood urchins. Nothing like the story could ever happen on land or sea, but the kids will lap It up: Script splutters with action and hoked situations, and is sprinkled with typical Hollywood gags. Young Miss Granville, now quite grown up, is the lawyer's daughter who wins a newspaper's circulation-b u 1 1 d 1 n g contest to try out as reporter. Scorn- ing th? limits of probability, she covers an inquest solves a murder, captures the killers and saves the unjustly accused beauty in distress. AU strictly" comic-strip thriller stuff and guaranteed to keep the juve ele- ment hoppln;; 'or your money back by return post Miss Granville- Is a realistically en- ergetic young heroine; Frank Thom- as. Jr., is convincing as her not-too- willing accomnlice; Mary Ijee and Dickie Jones are properly obnoxious as kid-sister and kld-brottier nui- sances, while Larry Williams and Sheila Bromley are acceptable men- aces. Direction has that character- tic Class B surface slickness. Hobe. I AM A CRIMINAL Monogram rotense of E. B. Derr pro- duction. Features John Carrall. Kay LInaker, M.irlln Spellman. Craig Rey- nolda. Directed by William Nigh. Based on orlelnal Idea hy Harrison Jncoba: atory and adaptation. John Krafft: editor. Rua- aell flchoengorth: ramera. Paul Ivano. At Central. N. Y.. dual, week Feb. 23. '89. Running time: 74 MINS. Brad McArlhur John Carroll Linda f »>' J''""'?!'' Hint ReynoldB Craig Reynolda Bobby Martin Spellman George Lester Mathewa Alice Martin Mary Kornmnn MasBic Collins Robert Flske Miniatdre Reviews '12 Crowded' Bonn' (RKO). Nice B action-thriller about pol- icy game; stars Richard Dix. 'The Saint Strikes Back' (RKO). Second in 'Saint' who. dunlt series, with George - San- ders starred. Slick programmer, . 1 Am a Criminal' (Mono). Ac- tion material of fair value, suit- able for single bills in some situ- ations. . 'Spirit of Calver* (U). Jackie Cooper, and Freddie Bartholo- mew in military' school. Mild entertainment for duals and kids, 'Bum "£01 Up O'Connor' Metro). Fast action drama of the auto racetraclcs. Will fill better half of duals for good b.o. 'Whispering Enemies' (Col). Good 'B' on scandal racket. Jack Holt and Dolores Costello in fair dualer. handles himself well in a dramatic role. -Although she doesn't have a heavy assignment and fails to get into the footage until the last reel, Mary Komman is another who registers in this film. Alumna of the Our Gang comedy troupe, she is .a sweet, wholesome type who should also come along. Derr's production is above aver- age for the indie field ^nd William Nigh's direction, backed by years of turning 'em out. Is fully capable In eVery respect The story and adap- tation are also by a rather seasoned hand, John KraSt Yarn has fairly good pace and maintains suspense to the end. It effectively builds up the admiration of the newsboy for the racketeer wliich originally sought to use him as a publicity stunt to help ward off a coming trial for manslaughter and, by degrees, convincingly 'devel- ops the love of the tough £jys for his little friend. ' Spellman is one of the most natural kid actors to come to notice and he should forge ahead rapidly. He is a 10-year old. Photographing well, the Icid also has a good screen voice. Kay LInaker, with an imp.ortant part done well, plays the racketeer's girl friend, out to take him. She is thwarted in her scheme by the kid Spellman. A press agent' in ca-' hoots with Miss LInaker U played by Cr.alg Reynolds. He's okay. . . Title of the picture may be con- ftised with Warner's 'They Made Me a Criminal,' recently sent on release. At least they shoiildn't be spotted on the same bill where doubles is the policy. Char, 'I Am a Criminal' is an action Item of modern merit, which is im- portant in that it brings forth a very promising kid personality in Martin Spellman. It is the lad's sec- ond picture. He had a three-minute part in 'Boys' Town,' but steps out for a real test in this production, turned out for Monogram by E. B. Derr. Spellman looks a find all over and should go on from 'Criminal' to much better things. 'Criminal' also offers another fu- ture box office possibility in John Carroll. He has his first straight dramatic role here, that of a gang- ster whosfe heart Is softened by the little boy, formerly selling papers, who comes into his life. Carroll has been doing singing roles up to now. He Is a handsome, robust type who SPIRIT OF CULVER (WITH SONG) Hollywood, Feb. 25. . Universal release ot Burt Kelly 'produc- tion. Co-4tars Jackie Cooper and Freddie Bartholomew, Directed by Joseph Santley. Sterejenplay by Natbanael West 'and Whit- ney 3olton; atory by George Green, Tom Buckingham and Clarence Marks; song, Frank Skinner, Charles Henderson; cam- era, Elwood'Bredell: editor, Frank Gross; technical advisor, Brigadler-Gen. L. R. GIgnllllat, Previewed at Pnntages. Feb. 24, 'SO. Running time, '.S» MINS. . Tom Allen.; :.Jdckle Cooper Bob Randolph Freddie ■Bartholomew Captain Wilson Tim Bolt 'Doc'' Allen: Henry Hull 'Tubby'.....' I An4y Devlne Carruthera. .'. .' Gene Reynolds June Macy .' Kathtyn Kane Perkins '. Jackie . Moran Hank : Walter Tetley Captain Wharton Pierre Watkln Major White John Hamilton Jackie Cooper and Freddie Bar- tholomew march through . Culver Military Academy as first year plebes in a picture which is a good argu- ment for advantages of military school training for boys, but mild on the entertainment side. With Cooper and Bartholomew teamed for., first time, pic will attract the juvenile trade in the dualers. Story develops along routine lines, is sketchy In its unfolding, and halts in -several spots to present routine and tralhing of Culver cadets. Off to a rather Promising start for pic- ture of Its tvne, it sags in the middle and winds ud with a corny and un- impressive chase. Major faults could be eliminated by trimming 20 min- utes from running time and insertion of better ending. Homeless Jackie Cooper Is. award- ed American Legion Post scholarship to Culver. Rough, tough, and rebel- lious at the discipline imposed, he is gradually transformed. Roommate Freddie Biartholomew" does much' to smooth the way and pair become pals. Coooer's father, Henry HuU, reported killed in action during the war and recipient of the Congres- sional medal, suddenly turns up in .shell-shocked condition. Treated at the 'Veterans' Hospital, under as- sumed name, he meets his son. Later Jackie discovers his Identity, and aft^r pair start for the west, the boy is persuaded to return and finish school wh"s Hull takes a new grip on life. Coooer and Bartholomew provide fine contrast as the two roommates, both making the most of material provided. Tim Holt gives a manly oerform- ance as the senior class officer and mentor to the plebes, while Hull and Andy Devlne are okay in respective roles. Kathrjrn 'Sugar* Kane Is the only fern member of the cast; on for one song and a brief sequence. Tune, 'You Are the Words to a Song' is only fair. Much of the picture was shot on campus of Culver Academy. It's a good trailer for the school. Bum 'Em Up O'Connor Metro release of Harry Rapf production. Features Dennis O'KeeCe, Cecilia Parker, Nat Pendleton. Harry Carey. Directed by Edward Sedgwick. Adapted by Milton Berlin and Byron Morgan from book by Sir Malcolm Campbell; camera, Leatcr White: editor, Ben Lewie. At Loew'a Met- ropolitan, Brooklyn, dual, week o( Feb. S3. '80. Running time: 76 MINS. Jerry O'Connor Dennis O'Keefe Jane Delano Cecilia Parker Buddy Buttle Nat Pendleton P. a. Delano Harry Cany Ed Rberhart Addison Richards .'Doc' Heath Charley Grepewin Jose 'Rorks' Rivera i...;A1an Curtis 'Hank' Hogan Tom Neal 'Lefty* BImraona Tom Collins Tim McEIvy ......Prank Orth Jim Nixon Frank M. 'rbomaa Mr. Jenkins :..;... SI Jenka The Headleys at Home standard Pictures release of B. W Rlcli> ards production. Featurea Grant Mllchell, Evelyn Venable, VInce Barnett, Bennr Rubin. Directed by Chria Beute. Adapted by Carrlngton Morth and Nlcboloa Belft from original by North and William MIIA; camera, Harry Forbea; editor, Holbrook Todd. At Arena, N. T.. Feb. U, '80, duaU-; Running time: m HINS. Pamela Headley : Evelyn Venabia Bmeat Headley Grant Mitchell Bide Murphy Uobert Whltiiey Louisa Headley.. Hetty Roadman VInce Bergson VInce Barnett Dr. McLevy Benny Rubin Alicia Headley , Alicia Adama Hyacinth .....Louise Beaver* '.Smooth' Adair... Kenneth Harlan Van Wyck Schuyler.' Edward Earl* Rowland Perkins Jack Hatneld Mn. Brawn Ethel Clark In silent days it was the Wallace Reid-Byron Morgan combination which produced a cycle of auto race pictures which projected both to fame. Now it Is Morgan and Den- nis O'Keefe who carry on the cycle. 'Bum 'Em Up O'Connor' Is the first of a new series ot spott pictures Metro Is producing, (jff to a good start, series may hoist O'Keefe to top rungs, as the first one is 95% O'Keefe, in a tailor-made, stream- lined part which fits him 'almost as well as such parts suited -Reld. He breezes through the film In. fast- talking likeable style. It Is his best part to date. Film Is an 'excellent dualer. .v.' 'Morgan has constructed' another fine racing plot based on a book by Sir Malcolm CampbellT celebrated speed king. It Is prime full of ac- tion, whizzing wheels, crashes, spills, thrills and chills. Action begins on midget-cat race tracks and jumps from mere tp the big-tlro« speedways of Indianapolis and Roosevelt Field, N. Y.-. Plot mo- tivation Isn't exacUy new, v;lth a builder of racing cars (Harry Carey) out to break records, no 'matter how many of. his drivers get kiUed in^ meet after meet Along comes a hay- seed hick with a lAanla for speed that nothing will deny. Kid driver (O'Keefe) breaks into the -midget racing .game; Is picked for the big time by Carey, (md falls in love with Carey's daughter (Cecelia Parker). Doc Heath (Grapewln) Is the vil- lain and the denouement is sklUfulIy shielded until the final?. Although a- trusted friend and co-worker of Carey's, it tiums out that- he had been deliberately lUnding Carer's drivers by doping their drinks. His motive is revenge for Carey having once encouraged Heath's -son to enter the racing game and ultimately meeting his death on the tracks. O'Keefe and . Pendleton, deter- minted to break the Carey stable .linx, fliially 'stumble on the solu- tion and expose the Doc. Boy wins the race and girL Finish. ' Cecelia Parker, teamed with O'Keefe, Is a disappointment in this one, suffering from pooF direction and slight avoirdupois. She goes through her paces withnntanimation OF personal' charm. Carey, Grape- win and Pendleton . offer fine .sup- porting characterizations. Pendleton, overplaying a dumb-cluck, comedy role, wUl click- with the tens in the mechanic role. Hls.emntlpnal scenes in the climax are effective. ' Producer Rapf cast a trio of hand- some' yoimg" actors' as daredevil drivers. Alan Curtis, Tom Neal and Tpm Collinff have enough on the ball to warrant future attention. Picture is expertly photographed. Racing scenes and crashes are thiilllngly gotten over, although there is an abundance of it Exhibitors have something here for full exploitation campaigns, with plenty of angles calctilated to drag em- in. SOVIET BORDER (RUSSIAN MADE) Anlklno release ot Lenflim praductlon. Directed by A, G. Ivanov. Bcenarjo by A. G, Ivanov, from narrative by Peter Pavlenko. At Cameo, N. T., Feb. 18, Running time: St UIMS. Stepanlda B. TIapklna Varvara B. Fedorava Commandant... N. Krluctakov Anton S. Kriloy Erof el Vinogradov Volkov E. Oarin Numata i...J, Lnvrov (In Russian, with English Titles) .-- Fascist coimtries aren't the only sabre-rattlers. -As proof, this pic- ture presents the U.S.SJt doing the same stuff. Supposedly a factual explanation of the recent Manchu- kuo-Sil>erlan border clashes between the Soviets and Japs, It's simply a violent harangue that clarifies noth- ing. ' Even excellent direction and fine acting can't redeem the corny story- telling, frenzied tub-thumping and hyper-length. As propaganda, 'So- viet . Border' is Ineffective because its obvious bias could persuade only those who already sympathize. And as commercial film entertainment it's 'just so much tiorscht. Whaf s behind the Sovlet-Jap bor- der snarling Is something that nasn't yet been clarified from the maze of (Continued on page M) First and last of a series made for the state-right marts, fashioned along lines of small-town life where nothmg over liappens. That Is, until - the bank Is robbed and a case of* mistaken Identities finally unmasks the bandit as the cuest-of-honor at a dinner party. WiU do as a filler for duals in towns where audiences aren't particular. Otherwise an un- distinguished piece of work even for an independent producer, handl- capped by a small budget Story ambles along peacefully with Grant Mitchell, Robert Whitney and Kenneth Harlan striving to inject some reality into a tiresome, unin- teresting comedy-drama. Yam deals with sodaUy-ambitlous wife of small-town banker and~^her hen- 1 )ecked husband. News of arrival in he town of a big-shot banker from N.Y. . spurs Louisa Headley (Betty Roadman)' and she goads Mr. Head- ley (Grant Mitchell) into spearing the Imptirtant visitor for a dinner in honor of the event Headley doesn't even know him. ' Bide Murphy (Robert Whitney), reporter for local sheet and sweet on Miss Headley (Evelyn 'Venable), ;ets Mitchell out of his predicament ly hiring an- actor to impersonat* the big banker. .As it turns out the spurious 'Van Wyck - Schuyler (Ken- neth Harla'n), turns out to be the bank robl)fer who holds up Head- - ley's bank th'e day of the dinner, Headley recognized him at the din- ner by a scar on his liand and sends for the gendarmes: ' The loot Is re- covered and Mrs. Headley put in her place by Mitchell, ' Comedy, iqles are carried by Benny Riibin 'and Vince Barnett as a .pair of quarrelsome local doctors^ constantly af odds. Barnett helps the .story considerably but Rubin's acce'ht and role is incongruous. He worlcs hard, -but is badly miscast Settings, photography and editing are adequate. .alQiough bearing the unmlstakabl'e '.-touch of an anemic budget. -Priitclpally-, it's the subject matter and adaptation from the orig- inal play which makes it unsuitable. Considerable Rootage is devoted to a moppet (Alicia Adams) who dis- plavs a falf camera, presence and some abUlty...but. not miich. Louise Beavers could have done mOre with the part of the. colored slavey, but was held down. All in all, this one will do' If there is a shortage of product . i WHrSPERIN6 ENEMIES Columbia protfuctlon and raleaaa. Stan Jack Holt: natures- Dolores Coatello, Ad- dison RIchaMs. Pert Kelton. Directed by Lewis p. XSolltns. Adapted by Gordon RIgby and Tom Kllpatrlck from story by John Rawlins and Harold Tarahls; camera, James S.. Brawn, Jr.. editor. Dwigbt Cald- well. At Central, .N, T., dual, week Feb. 2U, '88. Rpnnlng time: 62 MINB. Stephen Brewater..i Jack Holt Laura Crandall Dolores Coatello Red .Barrett. Addison Richards George Harley Joaeph Crehan ■ Frod Bowman Donald Brigga Virginia Daniels Pert Kelton. Warden Paul EvertOB Unpretentious 'B' produced with skimpy materials, as far as set dress- ing and interiors go, but . long on story entertainment value. Cast isn't a large one and without names, save for Holt who has. his following. It should do in-between business. Audience interest takes hold very slowly due to expository nature of the buildup dealing with commer- cial rivalry of co&metlc firms. Once the director gets past laying his groundwork and' starting with open<^ ing scenes in which Miss Costello appears, a battle of wits between her and Holt whets the ajppetlte for more. Picture Is about whispering cam- paigns and their 'insidious workings. First one business firm is ruined through spreading of scandal about poisonous nature of fosn^etic prod- uct Turn about is fair play and after Brewster's (Holt) business had been driven Into . receivership, he employs the Same' method to' ruin his destroyer. In turn. Miss Costel- lo's biz is being ruined by Holt's organized methods of spreading ru- ' mors about her products. Unaware . of developments, only just having returned from a vacation abroai^ st- ! gathers evidence against :r un- known rival. Holt's performance ne . :r varies, no matter what role lie plays. By certain standards he is acceptably convincing and tough enough' to suit the muggs. Pert Kelton, tisually as- sociated with comedy parts, plays straight in this one with good re- sults. ' Miss Costello aU. but steals the picture from Holt . Several mob scenes and the prison sequence, while not according to Hoyle, serve to hlghll^t an other- wise placid picice of film fare. 16 VARIETY PICTURES Wednesday, March 1, 1939., FILM BOOKING CHART '(For information o/ theatre and film exchange hookers, Variett presents a complete chart of feature releases of all the American distributing companies for the current quarterly period. Date of reviews as given in Vabiety OTid the rtinniTtg time of prints, ore included.) COPTOIGHT. 193», BT VAMETT. INC. AVL BIGHTS BESEKVEP ' WEEK OF EELBASE 12/23/38 TITLE rKODUCEB DISTBIB. TTPB TALENT DIBECTOB THEBE'S THAT WOMAN AGAIN THE GIRL DOWNSTAIRS WILD HOR SE CANT ON TOH SAWTEB, DBTECTIVB FIGHTING THOROUCiHBBEDS SHINE ON, HARVEST HOON RED RIVER RANGE THANKS FOR EVERTTHINO TRADE WINDS . NEWSBOYS' HOME THE DAWN PATROL B. B. KahaiM C»l Bom-Dr Harry Rapt M-G Drama Robt Taosey Mono Western E. T. Lowe Par Rom-Dr Armand Schaefer Rep Rom-Dr C. E. Ford Rep , Western Wm. Berke . Rep Western H. J. Brown ZOth Musical Walter Wanger CA Rom-Dr Ken Goldsmith 17 Drama Robert Lord WB . Drama M. D«n(U8-V. Braee F. Gaal-Tone-W. Connelly . Jack Randall D. O'Conner-B. Ooek B. Byrd-M. Carlisle B. Bocers-M. Hart J. Wayne-R. Corrlgan-M. Terhone A. Menjon-J. OaUe ' F. Haroh-J. Bennett 3. f^Mper-W. Barrle E. Flynn-B. Rathbone Al Hall Norman Taurog Robert Hill Louis King Sidney Sallcow Joe 'Kane Geo. Sherman 'Wm. A. Seiter Tay Garnett Harold Young Edm'd Gouldlng WHEN TIME ' REVIEWED MIN8. Br VARIETT 10 1/U 86 12/28 01 1/19 UV 2/15 l/Io 65 ■ 55 l/ll 19 12/7 93 12/21 13 1/25 103 12/14 62 1/18 120 12/21 60 1/11 90 11/2 64 1/11 95 12/21 107 12/21 85 1/11 99 1/11 58 1/U 16 12/28 61 12/21 96 8/31 62 12/7 12/30/38 SMASHING THE SPT RIMO ' ' CLIMBING HIGH SWEETHEARTS TOUGH KID ABTISTS and MODELS ABROAD FEDERAL MAN-HUNT KENTUCKY DUKE OF WEST POINT GOING PLACES Irving Briskin ' Col .Meller GB GB Comedy Hunt Stroml>erg M-G Musical Lindsley Parsons Mono Meller A. Homblow, Jr. Par Musical Armand Schaefer Rep Gene Markey 20th Rom-Dr Edw. Small UA Rom-Com Barney Glazer WB Musical F. Wray-R. Bellamy J, Mathews-M. Bedrtave J. MaoDonald-N. Eddy F. Darro-J. Allen - S. Benny-J. Bennett R. Llvlntstan-J. Travis L. Yoone-R' Greene L. Hsyword-J. Fentolne D. Powell-A. Lonlse Christy Cabanne Carol Heed W. S. Van Dyke H Bretherton Mitchell Leiscn Nick Grinde Davjd Butler Al Green Ray Enright 1/8/39 STAND UP AND FIGHT DISBARRED PACIFIC LINER WHILE NEW YORK SLEEPS LADY VANISHES LAST WARNING DEVIL'S ISLAND Mervyn LeRoy M-G Rom-Dr R. Taylor-F. Rlce-Beery W. S. VanDyke Stuart Walker Par MeUer G. Patrlok-O. Kmeer Robert Florey Robert Sisk RKO Drama V. McLaflen-C. Morrls-W. Barrle Lew Landers Sol Wurtzel 20th Melodrama M. Whalen-J. Ropers H.B.Humberstone GB 20th Mystery M. Lochwood-M. Redgrave Alfred Hitchcock Irving Starr U Mystery P. F4»ter-F. Robinson Al Rogell Bryan Foy WB Melodrama B. KarloS-N. Harriean Wm. Clemens 1/18/39 THE THUNDERING WEST Irving Briskin Col Western BURN 'EM UP O'CONNOB Harry Rapf M-O Com-Rom ZAZA Albert Lewin Par Rom-Com MYSTERIOUS MISS Z Herman Schlom Rep Mystery THE GREAT MAN VOTES Clifl Reid RKO Comedy CHARLIE CHAN IN HONOLULV John Stone 20th Mystery TOPPER TAKES A TRIP Hal Roach UA Comedy SON OF FRANKENSTEIN Rowland V. Lee U Melodrama THEY MADE HE A CRDHNAIi Ben Glazer WB Drama C. Starrett-L Meredith D. O'Keefe-C. Parker C. Colbert-H. MarshaU M. Whalen-M. Hart X Barrymore-P. Balden S. Toler-P. Brooks C. Bennett-R. Y«nne-B. Bnrke B. Karloff-B. LaeresI J. Garaeld-C. Rains Sam Nelson Edw. Sedewick Geo. Cukor Gus Meins Garson Kanln HJS.Humberstone Norm. Z.McLeod Rowland V. Lee Busby Berkeley FRONTIERS OF '49 CONVICT'S CODE AMBUSH ARIZONA LEGION SMILING ALONG MOTO'S LAST WARNING GAMBUNG SHIP . OFF THE RECORD Col Col Western B. ElUott-L. De Aleanlc E. B. Derr Mono Melodrama B. Kent-A. Najrel-M. Ebnme Wm. Wright Par Rom-Dr G. Swarthont-L. Nolan Bert Gilroy RKO Western G. O'Rrlen-L. Johnson Robert T. Kane 20th Mus-Com G. Fields-M. Maeoire Sol Wurtzel 20th Mystery P. Lerre-R. Cortes Irving Starr U Drama B. WUcox-H. Mack Sam BiscboS WB Comedy P. O'Brien-J. Blendell Sam Levering Lambert Hillyer Kurt Neumann Dave Howard Monty Banks Norman Taurog Aubrey H.Scotto . Jcmes Flood 1/27/39 LONE WOLF'S DA UGHTE R FOUR GIBLS IN WHI1X IDIOT'S DELIGHT QBIFTING WESTWARD PABIS HONEYMOON PRUDE OF THE NAVY JESSE JAMES KING OF THE UNDERWORLD THEY MADE ME A CRnONAli Jos. SSstrom Col Nat Iievine ' M-G Hunt Stromberg M-G Robert Tansey Mono Harlan Thompson Par Herman Schlom Nunnally Johnson 20i Biyan Foy Wi» Benjamin Glazer WB Meller W. Willlam-I. Lnplno Rom-Dr A. Marshall-F. Rice Com-Dr Shearer-Gable Western ' Jaek Randall Rom-Com B. Crosby-F. Gaal Rom-Dr J. Dnnn-R. Hudson Drama T. Power-N. Xelly-Fonda Drama H. BogartrK. Francis Melodrama J. Garfleld-Deod End Kids Peter Godfrey S. Sylvan Simon Clarence Brown Robert HiU Frank Tuttle Charles Lamont Henry King Lew Seller Busby Berkeley 6T- 83 62 70 65 80 94 92 3/1 1/4 1/25 1/U 12/28 1/4 1/18 1/25 54 63 61 68 85 11 62 10 2/2 2/22 2/15 12/14 1/25 1/25 2/22 12 100 41 83 65 105 69 92 1/25 1/25 2/15 12/21 2/1 1/11 1/11 1/25 2/3/39 ' HONOLULU SUNDOWN ON THE PRAIBIB ST. LOUIS BLUES FISBEBMAN'S WHARF THE ARIZONA WILDCAT PIBATES OF THE SKIES TOBCHY IN CHINATOWN Jack Cummings Ed Finney Jeff Lazarus Sol Lesser John Stone Barney Sarecky Bryan Foy M-G Mono Par RKO 20th U WB Com-Rom Western Mus-Rom Con^-Dr Comedy Action Melodrama E. Powell-R. Yonnitr T. Bttter-D. Fay-C. King L. Nolan-D. Lamenr B'. Breen-L. CarrlU* J. Withcrs-L. Carrlll* K. Taylor-B. Hadson O. Fanrell-B. MaoLane Eddie Buzzell Al Herman Raoul Walsh Bernard Vorhaus Herb. I. Leeds Joe McDonough Wm. Beaudine 2/10/39 TEXAS STAMPEDE NORTH OF SHANGHAI HUCKLEBERRY FINN NAVY SECRETS PERSONS IN HIDINa BOY SLAVES WOMAN DOCTOB HOME ON THE PRAIRIB TAIL SPIN MADE FOR EACH OTBEB WINGS OF THE NAVT Irving Briskin W. MacDonald J..Mancklewicz Wm. Lackey Edw. T. Ix>we P.. J. WoUson Sot C. Siegel Hairy Grey Harry J. Brown D. O. Selznick Lou Edelman Col Col M-G Mon* Par RKO Bep Bep 20th UA WB Western Drama Com-Rom Drama MeUer Drama - ' Drama Western Drama Rom-Com Drama C. StarreU-L Meredith B, Famess-J. Craig M. Booney-W. Connolly I. Wlthers-F. Wray-D. Robinson L. Overman-J. C. Nalsh A. Shirley- A. Daniel F. Inescort-H. Wilooxon G. Antry-S. Bnmette A. Faye-C. Bennett-C. Farrell C. ' Lombard- J.' Stewart G. Bren(-0. de Havlland Sam Nelson D. R. Lederman Richard Thorp* H. Bretherton Louis King P. J. Wolf son Sidney Salkow Jack Townley Roy Del Ruth John Cromwell Lloyd Bacon 85 85 11 68 2/1 2/8 2/8 11/9 12/28 51 88 62 69 10 65 83 90 88 2/19 1/25 1/18 2/19 2/1 2/1 1/18 2/17/39 FAST AND LOOSE ' ' LirCLE PAL BOY TROUBLE OUNGA DIN THE THREE MUSKETEERS KING OF THE TURF TOU CANT CHEAT AN HONEST BEAN NANCY DREW, REPORTER F. Stepbanl M-G Com-Dr Mono Mom Drama Wm. Wright - Par Comedy George Stevens RKO Drama Raymond Griffith 20th - Mus-Com Edw. Small UA Rom-Dr ^ tiester Cowan U Comedy Bryan Foy WB Melodrama R. Ilontgomery-B, Rnssell H. Booney-B. Bellamy C. B«celes-H. Boland O. Gra|it-D. Fairbanks, Jr. D, Ameehe-Bits Bros,-B. Barnes A. Menjon-D. Coetelio W. C. Fields-Edgar Bergen B. GranvlUe-J. LItel Ed Marin Reginald Barker Geo.Archainbaud Geo. Stevens Allan Dwan A. E. Green Geo. Marshall Wm. Clemens 18 66 70 120 71 88 79 67 2/15 1/29 2/8 2/15 2/22 3/1 2/24/39 LET US LIVE Wm. Perlberg Co! Rom-Dr LET FREEDOM BiNO Harry Rapt M-G Mus-Dr STAR REPORTER E. B. Derr Mono Drama ONE THIRD OF A NATION Harold Orlob Par Drama SUNSET TRAIL Harry Sherman Par Western FORGED PASSPORT . John H. Auer Rep- Meller BEAUTY FOB THE ASKING B. P. Fineman RKO Rom-Com PARDON OUB NERVE Sol Wurt2el 20th Com-MeL SOCIETY SMUGGLER S Ken Goldsmith U Drama YES, MY DARLING DAUGHTER Ben Glazer WB Comedy H. Fonda-M. O'SolUvan Nelson Eddy-V. Bmce W. HaU-M. Hunt S. Sidney-L. Erlekson W. Boyd^3. Synters P. K«Uy-J. Lang . L. Ball-A. Lane L. Bari-J. Gale-6. Williams P. Fostcr-I. Hervey P. Lane-J. Lynn John Brahm Jack Conway H. Bretherton Dudley Murphy Les Selander John H. Auer Lew Landers II.B.Huml>erstone Joe May Wm. Keighley 69 87 62 90 64 64 61 10 85 2/22 2/22 2/15 2/22 2/15 2/8 2/8 8/3/39 ROMANCE OF Th£ REDWOODS PYGMALION • BIYSTERY OF MR. WONG CAFE SOCIETY. I WAS A CONVICT TW ELVE CROWDED HOURS WIFE> HUSBAND AND FBIEND STAGECOACH BI5KY BUSINESS 8ECBET SERVICE OF THE AIR Irving Briskin - Col Drama G. Pascal M-G Comedy Wm. T. Lackey Mono Mystery Jeff Lazarus Par Rom-Dr Herman Schlom Bep MeUer Robt Sisk RKO Melodrama Nunnally Johnson 20th Rom-Dr Walter Wanger UA Rom-Dr Bert KeUy U Melodrama WB WB MeUer C. Blckford- J. Parker L. Howard-W. HiUer B. Karloff-D. Tree M. CarroU-F. MacMnrray B. McLane-B. Roberta R. Dix-L. Ball-J. Aldrldge L. Yoong-W. Baxter C. Trevor-J. Wayne G. Morphy-D. Kent B. Regan-J. LItel King Vidor A. . Asquith Wm. Nigh E. H. Griffith Aublrey H. Scotto IjOw Landers Gregory Ratofl John Ford Arthur Lubin Noel Smith 8/10/39 BLONDIE MEETS THE BOSS ICE FOLLIES OF 19S9 - SKY PIRATE THE BEACHCOMBEB . ROUGH RIDERS' ROUND-UP SAINT SiniKES BACK INSIDE STORY PRISON WITHOUT BARS SPIRIT OF CULVER THE OKLAHOMA KID Robt Sparks Harry Rapt P. Malvern Erich Pommer J. Kane Robt Sisk Sol Wurtzel Alex..Kord£^. . Bert Kelly Sam Blschotr Col M-G Mono Par . B«P RKO 20th UA. . U WB 3/17/39 LONE STAR PIONEER Col Col SEBGEA1IT MAbDEN J. W. Rubin M-G TRIGGER SMITH Robert Tansey Mono Kmc OF CHINATOWN Par Par „™,— PRINCESS Darryl Zanuck 20th MYSTERY OF THE WHITE ROOM Irving Starr U ADVENTURES OF JANE ARDEN Mark HeUhiger WB 8/24/38 W RISPE BING ENEMIES Col CoT • WITHIN THE LAW L. Ostrow M-G UNDERCOVER AGENT E. B. Derr Mono ' .. MIDNIGHT. Arthur Ho^fenblow Par , JIY WIFE'S RELATIVES Sol Siege! ~ Rep ' MEXICALI ROSE H. Grey Ren UNTITLED Bert GUroy RKO EVERYBOD/-'S BABY Sol Wurtzel 20th - tHREE sniART GIBLS GROW UP Joe Pasternak U - BLACKWELL'S ISLAND Bryan Foy WB Comedy P. SIngleton-A. Lake Rom-Dr J. Crawferd-J. Stewart Action J..'n«Bt-P. A. Yonng Drama O. Langhton-E. Lanchrater Western R. Rogers-M. Hart Drama G. Sanders-N. Hamilton Drama M. Whalen-J. Rogers MeUer • - C. Lnobalre-E. Best Rom-Dr J. Cooper-F. Bartholomew MeUer J. Cagney-B. lane Frank Strayer R. Schunbzel Geo. Waggner Erich Pommer J. Kane John Farrow "Ricardo Cortez Zoltan iCorda • Joe' Santley Lloyd Bacon ,. Western Bill EUIoU Drama W. Beery-A. Cnrtls-T. Brown Western . Jack Bandall MeUer A. M. Wong-A. Tamlraff Drama s. Templc-A. Devlne Mystery B. Cabot-H. Mack Meller R. To wne-W. Gsrgan Drama J. Holt-D. Costello Meller R. Hnssel-J. King-P. Kelly MeUet S. Dean-R. Gleason Comedy C. Colbert-D. Ameche Comedy J. L. and R. Gleason Western G, Antry-N. Beery Western G. O'Brlen-L K^tlh Comedy J. Pr6Bty-B. Gleason Mus-Rom. n. Dnrbln^. WlmiDiger Drama - Peter Freuchen, who wrote 'Es- kimo,' draws the writing assignment on cable acceptance from Denmark. Nick Indicted For 2d Time in SL Lonis' lATSE-Exhib Mess (Continued from page 5) Add: Theatre Tax Tap Youngstown, O., Feb. 28. Representative William Glass of Youngstown has Introduced a bilt in the house which would authorize a 3c. tax on admissions from 15c. to $1, with a similar impost on each addi- tional $1. The measure is designed to raise an estimated $4,000,000 for relief purposes. Oliio exhibitors now pay a 3% tax based on the gross business. SUght Switch Santa Fe, N. M., Feb. 28. A proposal outlawing theatre bank ni^ts has been changed by the house of representatives into a 10% tax on theatre admissions for the day. of a drawing. Amendment would provide revenue for State Dept. of Public Welfare, wheretrom -flows old «ge i>enslons and direct relief. Ia.'8 Crop of Bills Des Moines, la., Feb. 28. Strong opposition is forming here against unfavorable legislation that would strilce stiff body blows to the picture industry in Iowa. Present )ntinued, from page 1) ^ with the same players, Jt Is con- ceded that the earlier release of the picture wUl shorten the play's run. On the basis of Sherwoods' straight 10% royalty setup, it's estimated that curtailment will probably cost him $100,000. . ^ . Playwright's change of mind in re- gard to the release date was brought about by his recent South American trip. While visiting the various Latin-American countries, he was deeply impressed by the widespread uneasiniess over the growing world tension and the increasingly violent threats against the democracies by the dictator nations. So, although he and his fellow-members of the Play- wri^ts' Co. have dedicated their or- ganization to the stage and despite the heavy loss invol /ed in the earlier release date, he has decided Lincoln's, message must not be withheld from tile greatly increased circulation of the screea Although details of the deal were not completed until early this week, general terms have been tenta- tively set for nearly a month, but Gordon's -nit producing arrange- ment with RKO was not ironed out imtll nearly a week ago. Gordon firm is understood to be raising some of the necessary coin on its o-wn, a large Coast banking house, being nientidned^ as the source. Walter Wanger, who alf o had been hot af ter^ the 'Abe' ri^ts, was unable to clinch the deal and returned last week to Hollywood. 'American Way' Also Understood Gordon, likewise in as- sociation with RKO, is also dicker- ing for the rights to the George S. Kaufman-Moss Hart patriotic spec- tacle, *The American Way,' which he co-produced with Sam H. Harris and which is a standout grosser at the Center, N.Y. Gordon Is said to have an edge in the bidding so far, with the tentative price reported in the neighborhood «t $250,000 on a per centage arrangement Warners is also actively in the bidding and at least one other studio is believed to have made an offer. Thought likely Fredric March, star of the play, would repeat his part in the pic. RC' lease date and production location are also unsettled. As result of favorable reaction to feelers cast out in a few houses on Washington's Birthday, the en- tire nationwide Loew circuit will open and close each day with the strains of "The Star-Spangled Ban- ner.' National Anthem audience par- ticipation is encouraged by projec- tion of the lyric on the screen. Latin American Accord Largely through the influence of show business, there is a growing unity between the U. S. and Latin America, Sherwood observed on his return last week. Particularly films, but -to some extent the theatre and radio have stimulated interest in and friendship for this country. Playwright added that South Americans have an extraordinary knowledge of the U. S. and sympathy with our point of view. They are keenly Interested In Hollywood and Broadway, and enthusiastic about American showmanship. Sherwood is equally enthusiastic about Latin America and hopes to visit there again. When his ship docked at Buenos Aires the dramatist was greeted by a swarm of reporters and was sub- sequently interviewed by six papers there. Fact that his visit occasioned any notice at all amazed the play- 'Wright who explains that his ar' rival in Chicago, St I,ouis or any U. S. city never cause comment or press attention and that local papers in European cities are apparently never aware of his presence. Situ- ation indicates the remarkably ac-. tive interest Latin American coun- tries take in U. S. show business, he believes. Well Informed on U. S. According to Sherwood, the ques- tions of Buenos Aires newspaper- men showed ttiey are remarkably well informed on current develop ments and thought in the U. S. Most of the scribes asked about this sea- son's plays on Broadway and several of them were curious about 'Abe Lincoln -in . Illinois,' and the Play- wrights' Co. One - reporter . wanted to know about 'American Landscape,' ex- plaining that- he is an intense ad- mirer of Elmer Rice, its author. Ex- tent of the scribe's knowledge was immediately apparent from his next statement, that he considers Rice's 'The Adding Machine,' - the .second most significant experimental play in the history of the American stage, his first choice being Percy Mac- Kaye's "The Scarecrow.' Fellow add- ed that he had read all of Rice's plays except 'Landscape.' Films As an Advaaee Agent Contrary to the; situation existing In most larger U. S. cities, films rather than legit are the highbrow entertainment medium in Buenos Aires. Stage productions are com- paratively crude aind the most popu- lar plays generally parallel In con- tent and writing the type of -melo- drama and problem dramas of about the. 1010-15 period in New York. On the other hand films are usual-' ly recent Hollywood releases and are patronized by the smarter set Picture premieres are festive occa- sions, drawing fashionable and dressy audiences. However, an ex- ceptioil to the above situation is the Spanish-language production of Clare Boothe's "The Women,' which is the reigning hit of the season. Although he received a number of offers for the Spanish languiage rights to 'Abe Lincoln in Illinois,' 'Idiot's Delight* and others of his plays, it was as the auttior of the picture ver- sion of 'Tbe Pdtrlfled Forest' that Sherwood was- greeted in ' Latin America. Argentine has a number of native dramatists, but not many adaptations of U. S. plays have been produced. British companies occa- sionally -visit there to give reper- tories of Shaw and' other standard English dramatists, but no U. S. company has made the trip. Badio To* Sherwood believes a first-class troupe of Broadway players could not only clean up a profit on such a tour, but would be of tremendous value in spreading knowledge of and friendship for this country. And he Is convinced that U. S. radio will ultimately blanket the Latin-Amer- ican airwaves, just as Hollywood has dominated the screens. lA'S COURT BATTLE FOR STUDIO CONTROL Hollywood, Feb. 28. lATSE studio locals are jockeying for control of those groups fighting for autonomous control In the courts. A tmporary .injunction was issued Saturday (25) by superior. court re- straining officers of Technicians Local 37 from using the union's funds for other than operating expenses. March - 0 date has seen set by the court to determine if the injunction becomes permanent and pass on an application for appointment of a re- ceiver for Local 37. Tippetts Denied Plea To Dismiss U's 2706 Suit An application to dismiss Universal Fictiires' $270,000 suit against John D. and Eugene T. TIppett was de- nied yesterday (Tuesday) by N. Y. Supreme Court . Justice Samuel I. Rosenman. Defendants had sought the dismissal on the ground of fail- ure to state a cause of acti6n. They are being sued for alleged excessive profits in the sale of' raw fllin stock toU. It Is alleged that Carl Laemmle was in on. the conspiracy to defraud the company and split the profits with the Tippetts. Laemmle, how- ever, is not a defendant. John D. Tippett has. a $600,000 ac- tion pending against Universal for breach of an agreement on raw film stock purchases. Par Raids 'Husbands' Hollywood, Feb. 28. Talk of war caused Paramount to substitute 'Aid Raid', .for 'Are Hus- bands Necessary' on the production sked, starting March 15, with Edward H. Griffith directing. Madeleine Carroll and Fred Mac- Murray, originally cast for 'Hus- bands,' were shifted to 'Raid.' Betty Field's Par 'life' Betty Field, femme lead in 'What, a Life,' at the Biltmore, N. Y., will leave in three or four weeks to make, the flhn version foe Paramount Has a one-picture deal with options, but must be allowed six months off a year to do legit. Pact stipulates that she be permitted to return to Broad- way by next Aug. 15. •Life' wiU be her first film tiy. ADULT ENTERTAINMENT! —L» 4. Examiner "FOR EVERYONE-MOTHERS, FATHERS, GRANDFATHERS AND III I fcKpU VI 9 1 -Dorothy Kil gallon "ADULT AUDIENCE SCREAMED WITH EXCITEMENT!" -Boston Globe "EQUAL APPEAL FOR ADULTS, AND CHILDREN!" -M.p.Da/iy 22 VARIETY PICTURES Wednesdajt March 1, I939 Pililly's Hap Realigned, Prices Slashed; $1 Top Legit a Factor I PhUadelphia. Feb. 28. ' All Philly midtown houses put drastic admish slashes into effect last Fiiday (24), coincident with a gen- eral shakeup of policy. With the exception of two very minor spots, all of the theatres are operated by Vamer Bros. There were several reasons for the Kale cuts and the policy shifts, pri- mary one, of course, being poor biz. It is hoped that the new setup will stimulate b.o.'s. Too much typing of the houses has been recently men- tioned as cause of the desultory grosses. Another reason for the price backing, not so much from the com- petition standpoint as the lesson it has pointed, is the %l flat-price wtiicb Is being successfully experimented ' With in Philly' legit houses. Principal policy shift has been in 4Witching stage shows from the Stan- l^-Warner-owned Earle to the War. ner-Ieased Fox. Fox will get fairly strong pix with the vaude — not the case when flesh was at the Earle — and is getting the highest admish in town. Earle goes into second-runs of demonstrated pulling power. Fox is m 2,400-seater; Earle, 2,800-seater. On the price situation, the Satur- day and Sunday differential has been wiped out. It's the same everyday now. Fox, which with straight cellu- loid, used to get 68c weekdays and 75c weekends, now is getting 68g all along. That's the smallest slash, al- though, of course, the flesh has been added. Earle, when it had stage shows,- used to do big before-t pjn. biz with its 26c admish. Fox, how- ever, is shieing away from that by demanding bottom of 37c. New top for the Aldine, Boyd, Earle, Stanley, Stanton, Karlton and Keith's is 57c Top at the Palace, on new flrst-run, three-hour show pol- icy (no duals) is 42c. Early in the day prices for second-runs and lesser Srst-runs varies. Initial-runs used to get 68c weekdays and 75c week- ends. Scicond-runs got 57c and 68c. ' Reason for the shift of flesh from the Earle to the Fox is the fact that lease on the latter house expires this summer and Warners is very anxious to retain it to keep its 100% grasp on the major downtown situations. House has done very badly since Warners took it over from AI Boyd management three years ago and there was little attempt to pump it out of its continual doldrums by the type of films which were fed it. It is owned by 20th-Fox. ¥big Drops for Five h Two Montlis at CoL Hollywood, Feb. 28, Columbia announced starting dates for five features within the next two months, starting with "Good Girls Go to Paris, Too," March 15. 'Our Wife" rolls March 27; *Mr. Smith Goes to Washington,' April 1; 'Coast Guard,' April 15, and 'Prison Farm,' May I. Brothers Unier tlie Sim Hollywood, Feb. 28. Douglas Fairbanks, Jr., and Basil Rathbone share top spots in Univer- sal's 'The Sun Never Sets,' a yarn of Great Britain's diplomatic corps,, due to roll March 13. They do a brother act FASHVILLE'S SOUSAT FIX Nashville, Tenn., Feb. 28. Nashville saw its first Sunday moving pictures in history the past weekend. The City Council has ap- proved Sabbath Day cinemas by a vote of 15 to 11. Gov, Prentice had earlier in the week signed a bill which allowed pix on Sunday in municipalities by a mere majority of the City Council. Previously Chattanooga and Mem- phis had circled the state law by having special laws passed In the Legislature. A four-fifths majority in the Nashville City Council was heretofore necessary for allowing films in the capital city. Divorcement (Continued from page 7) New York Theatres THERE'S A BETTER SHOW AT THE PARAMOUNTs^lS'i:^ HELD OVEK •(2^P£ IN PEIIMH. SOCIETY" with Fred MacMgnrny B(ad«UM Cuwtl HAL KEMP •Bd ma OBVHBSTBA Jny HirUi SS^'^MUSICHALL "smcoAcr Spectacular Stage Productions, 7tli A*. A SOIh St. ROXY fiBATS 25* "Wife, Husband and Friend' — On the SU^e — New Stage Show nr. C OHABUB XDOAB FIELDS-McCARTHY- BERGEN "YOU CANT CHEAT AN HONEST MAN" DNITED Rllini I Broadway' ABTI8IS niVULI attBtbSL 0Mr» OMa »^ AM. MIONITE SHOWS able for North Dakota, and that is the legislature's duty to decide.' Relative to discussion in the House of charges of bribery money being paid (mention having been made of an alleged $25,000 'payolT) in connection with the repeal bill's passage. Gov. Moses declared that 10 days elapsed after the measure was approved by the legislature 'and not a single legislator came to me with any evidence of ansrthing that would indicate titat I should act to override the legislature's action. 'On the other band,' the governor averred, "representatives of indepen- dent theatre owners had strongly urged upon me the approval of the repeal' The law alrea^ had (wst North Dakota at least $2,000 and might have cost several thotisand dollars more 'with no api>arcnt benefit to the state,' the governor pointed out There was no good reason to con- tinue expenditures along this line in defending Its validity, he felt Ex-G*v. £safci^ Dealsb From former Gov. William Lan- ger, proponent of the original law, has come an answer to a claim that one of the reasons for the fight by some of his Non-Partisan League friends against the repeal was that he'd lose $8,000 in attorney fees be- cause the Paramoimt suit before the U. S. supreme court would be auto- matically terminated. 'Any person who says I am the re- cipient of any fee depending upon passage, defeat or veto of the repeal bill is simply an lumitigated liar,' declared Langer. 'Moreover, I was unaware of being -in line to receive $8,000 for attorney services in con- nection with the suit before the U. S. supreme court 'From a financial standpoint it was entirely immaterial personally how repeal fared. I originally was in- terested in this legislation, passed during my term as governor, be- cause it fits into and dovetails with President Roosevelt's drive on un-. conscionable monopolies.* President W. A. Steffes of North- west Allied has maintained an abso- lute silence since the repeal passed, asserting 'any statements must come from the Federal Bureau of Investi- gation.' However, Bennie Berger, a former Northwest Allied president and former North Dakotan, who still owns and operates several theatres in that state and who played a prom- inent part in the fight to get the di- vorcement law through the 1935 leg- islature, is saying plenty. Berger was vacationing in Cali- fornia during the repeal fight and burned up the telephone and tele- graph wires in a futile endeavor to prevent the divorcement's death. Now he says he's so disgusted and discouraged as a result of the turn of affairs that he wishes to retire from the theatre business. He de- clares his chain of 15 theatres is for sale. 'I want to get out as an individual theatre owner and go over to the right side," says Berger. 'I haven't any more confidence in anything.' TODAY OMLX I Chailea IiACGBTON "THE BEACH- COMBER" In penon Locky MUXIMDEB and OmIi. , aiyto Thn^ay^ Varsant 8ULU1VAN "Hie HHIM- niO HOUB" Ncb.'s Divorcementitls Lincoln, Feb. 28. Breakdown of the monopoly situ- ation relative to producer ownership of theatres in Nebraska as is being tried in Senator Neubauer's divorce- ment bill, may see an amendment when it strikes the floor, which will make the measure' a two-edged sword. Amendment, which is being talked for by the indie groups, is to make dual billing illegal. Indies claim refusal to allow dual billing would be the easiest and quickest 'way "to break chain control in the state, especially in the smaller towns with one or two theatres, which busily dual features with triple splits per week to use the product Non-circuit lads say at least half the pictures now being used would have to be thrown on open market. If the dual billing nix were to be tacked onto the divorcement bill— a cinch to cradc the producer con- trol even if two different organiza- tions were setup as per the Par plan. Senator Neubauer, after being told of Foxwesco moves in his district, has been giving it the fish-eye. Fox- wesco went Into McCook, Neb., one of his district's towns and has opened. ■ second theatre, a move Neubauer says was made to lessen the heat, but still doesn't aet the house in order in Nebraska. His launching thj divorcement bill In th* first place same when Fox- wesco clamped shutter on all the McCook houses save one, and then upped their price. No date has been set for the committee bearing on his sales regulatory measure, and the divorcement bill pertaining In both cases to the film business. RKO Reorg (Continued from page 3) Hamilton C. Rickaby, attorney for Atlas on the grounds that no invest- ment house will guarantee to under- write an Issue, isix months in ad- vance except at an exorbitant rate. Besides Rickaby, those who spoke in favor of the confirmation were Carlos Israels, representing tuise- cured creditors, Richard Hunt, rep- resenting the debentures, and Law- rence Bennett; representing Rocke- feller Center. It was also disclosed by O. C. Doering, attorney for Irving Trust, that Rockefeller Center, Inc., and RKO have entered Into an agree- ment, subject to confirmation of the plan, the gist of which is that an additional 15,000 shares of stock will be taken from Rockefeller Center, Inc., thus reducing its claim to 400,- OOO shares, or approximately $4,000,- 000, in return for which RKO will relin4uish any and all claims it mi^t bring or have already brought against Rockefeller Center. The hearing was then concluded with an open date set for the next one, which will be March 13. There is nothing to discuss on that day, but should something arise that- needs tt": court's attention, the date is set Several of the New RKO Board of 13 a Surprise Pursuant to Chandler Act require- ments, proponents of the RKO plan of reorganization last Friday (24) submitted a list tA officers and direc- tors to Federal Judge 'William Bondy, in N. Y. Federal court, prior to con- firmation. Names supposedly carry approval of a majority of stock- holders. This is tantamount to elec- tion, although no actual formal meet- ing to take action on the matter will be held until formation of a new company. Of the full board of 13 names, sev- eral selections were a surprise to the trade. Choice of Floyd B. Odium and N. Peter Rathvon for Atlas; Major Gen. James G. Harbord and Luhsford F. Yandell for RCA, and W. G. "Van Schmus for the Rocke- feller interests was expected, but Conde Nast, John E. Parsons, Ferd- inand Eberstadt and Thomas P. Durell were unlooked for. Parsons, an attorney, is unofficially said to be connected with the Rocke- feller interests; Durell, of Whiter Weld & Co., Wall street house, has acted as financial counsel for 'Time, Inc., and the Atlas group; Eberstadt heading his own brokerage house is representing common stockholder^ and Nast is probably on the board to protect his own RKO holdings. Opinion is divided on whether the Atlas group will submit its imder- writing proposition to the Court at this time or withhold it imtll after all appeals from approval and con- firmation are determined. Many hold the latter opinion will prevail. Selection of Schaefer as new presi- dent of the RKO Corp., Depinet as v.-p. and William Mallard, as secre- tary-treasurer carries the approval of proponents and creditors. 'When the new board of directors holds its first meeting after the new company charter is filed, formal approval wiU occur at that time. The Beard Floyd B. Odium is proposed as chairman of the board of RKO, with George J. Schaefer as president Ned E Depinet as v.p. and WiUiam Mal- lard as secretary and treasurer, ac- cording to the petition filed in the N. Y. Federal Court Friday (24) by Simpson, Thatcher & Bartlett, attor- neys for Atlas Corp., proponents of the plan of RKO reorganization. These will be submitted to Judge Bondy Monday (27). Other members of the board would be Thomas P. Durell, of White, Weld & Co., Ferdi- nand Eberstadt,, investment bankers, and chairman of the RKO Stock- holders' Protective Committee; Fred- erick L. Ehrman, of Lehman Bros.; Lawrence Green, attorney associated witL Maurice Goodman, former gen- eral counsel of RKO; James G. Har- bord, chairman of the board of RCA and RCA Communications, Inc.; PLENTY OF N.Y. BINGO, QUIZ Albany, Feb. 28. More than half of the 40 N. Y. State cities, questionnalred by the Bureau of Mtuiicipal Information on the subject of bingo end like games replied, tlirough their police depart- ments, that bingo is being operated there. Usually under the sponsorship of churches, veterans' groups or fra- ternal organizations. Police chiefs of 13 cities declared that bingo, lotto, keno, etCi are not permitted in their respective communities. 'Oc- casionally,' 'not to our knowledge' and 'not at this time* were the re- plies from three. Eighteen cities gave a "yes* answer on bingo. Sev- eral offered more detailed answer:;, naming sponsoring organizations, limiting play to 'private clubs,' etc. One replied affirmatively as to bingo, but added, 'We do try -to elim- inate any prize angle.' Some Belief Detroit Feb. 28. Local film exhibs, plagued . by Lent drop In automotive employ- ment, strikes, et al., are getting some rdlef through police raids on com- mercial bingo games, etc. On order from Police Supt. Fred Frahm, police the past week raided the 2,000-seat Moose Temple, where big-time bingo at SOc a throw and $100 prizes have been running wide open for some time. Irate femme patrons rioted, sending several per- sons and a newspaper cameraman to the hospital. Police warned other bingo spots of similar treatment un. lesi stuff is stopjsed. RKO-Schine Invades Syracuse, N. Y. Nabes Syracuse, N. Y., Feb. 28. With control of four of the five major downtown houses already in its hands, the RKO-Schine organiza- tion has made its first incursion in the Syracuse nabe field, taking over the Palace, one of the largest in the city, effective Bilarch 1.' Arrange- ments for a 10-year lease were made between Alfred Di Bella, owner and manager of the Palace Theatre build- ing, and Gus Lampe, managing di- rector of RKO-Schine interests In Syracuse. No policy for the 1,400- seater has been announced but at least $20,000 will be spent in renova- tions and eventually it may be estab- lished as a first-runner. Di Bella said he expects to lake over the Roxy in East Syracuse early in March. Ihiting Up Deanna Hollywood, Feb. 28. It's a Date' is the latest story lined up for Deanna Durbin at Universal, making a total of four. Producer is Joe Pasternak, with Ralph Block and Frederick Kohner doing the screen play. BeeiTB Divorcing Hollywood, Feb. 28. The Wallace Beerys have .sep- arated after 15 years of married life. Mrs. Beery announced she would get a Reno divorce as soon as a property settlement is made. '' Carol Ann, adopted daughter, will spend six months a year with each. Conde Nast, publisher; John E. Par- sons, attorney, with Winthrop, Stim- son, Putnam & Roberts; N. Peter Rathvon, preside.it of Rathvon & Co., Inc.; W. G. Van Schmus, managing director of Radio City Music Hall, and Lunsford P. Yandell, assistant treasurer of RCA. The application to the court states that holders of a majority of the vot- ing securii'is under the plan have approved these men in their selec- tion to the board and their official positions on it fledace "washroom INTECTION'' Onliwon Towels and Tissue Write A. P. W. Service, Alhsnf, N. Y. m \^ednesdaj, March 1, 1939 VARIETY 2S TOP ONE DAY'S GROSS IN 6 YEARS OVER $13,000 ON FEBRUARY 22nd PARAMOUNT, NEW YORK CITY . . . FIRST WEEK'S TOTAL OVER $53,000 1^ ROBERT WEITMAN— Managing Director, Paramount, N. Y., says: "Tony Martin is big boxoffice and his drawing during this Lenten season is phenomenal. He has stopped every show cold, and can come back whenever he wants." DAVID M. IDZAL, Managing Director, Fox, Detroit, says: "Tony Martin gave us record- breaking weeks at the theatre. In Tony's third appearance here with- in 6 months he gave us one of the biggest weeks of the year, and the enthusiasm of the audience was greater than at his previous ap- pearances." TONY MARTIN "... Gold Stare ... To Tony Mar- tin for his rendition of songs which leaves the Paramount audiences breathless." Dorothy KUgallen, New York Journal- American. "... Tony MarUn's fans are packing the Paramount." Danton Walker, N. Y. Dally New.i. "... One of the most entertaining voices heard on a New York stage la many y*ars ..." „ „ _ . — Leonard Lyons, N. Y. Post. "... On the Paramount's stage, Tony Martin Is the show stopper." —Irene Thlrer, N. Y. Post "... Tony Martin Is causing lines outside of the Paramount Theatre these days!" Ted Lloyd, "Or Scoops Daly of Radio Dally." "Tony Martin, the cinema lad. Is stop- ping the show with his swell singing . . . the audience goes wild with applause." — D. K„ N. Y. Sunday American. "Tony Martin— sock show stopping singer at the Paramount ... He steps before a mike and gets so hot he stops each show cold" ... .. ^ , — Hy Gardner, Brooklyn Dally Eagle. "Tony Martin, making his first personal appearance In New York, Is thrilling the audience with his warbling of sentimental ballads on the stage of the Paramount." —Kate Cameron, N. Y. Dally News. "CITATIONS — To Tony Martin whosa grand voice has the Paramount patrons cheering this week." —Robert Coleman, N. Y. Dally Mirror. Due to previous commitments, New York Paramount engagement for 2 weeks only Management, NAT GOLDSTONE ★ LIMITED PERSONAL APPEARANCE TOUR Dir. MUSIC CORPORATION OF AMERICA VARIETY Wedneedaj, March 1, 1939 5 BLUE RIBBONS /or M-Q-M*s producuon FREEDOM RING FOR NELSON EDDY! His performance as "The Wasp" is the most exciting on the screen today! FOR THE ALL-STAR CAST! Imagine these great personalities in one picture: NELSON EDDY, VIRGINIA BRUCE, VICTOR McLAGLEN, LIONEL BARRYMORE, EDWARD ARNOLD, Guy Kibbee, Charles Butterworth. FOR THE GREAT STORY! It is the most rousing patriotic musical romance that ever set your pulse beating. The original story and screen play is by Ben Hecht. (He gave you "Viva Villa!") Directed by JACK CONWAY. Harry Rapf, producer. FOR THE MUSICAL THRILLS! Crammed with soul-stirring fervor is its music. Never such a wealth of love songs, of patriotic songs as Nelson Eddy pours from his singing heart ! FOR THE BIG PRODUCTION! M'G'M has again given the screen a mighty entertainment. One after another they come, the Big Attractions of the screen, winning the public anew for the hits of the Friendly Company! Wednesday, March It 1939 RADIO VARIETY 25 CBS MULLS SUMMER RULE Use Fred Men Prc^jram to Test Midi^lit iw Commercial Broadcasts NBC is .fllving th« Fred Allen- Bristol Myers show a fre« ride on WJZ, New York key for the blue link, between midnight And 1 ajn. Wednesdays to find out whether there's an apprec:able audience tat a variety program at thia time of the night. Listening data collected on this experiment will be used, if favorable, to build a aalea case for tba station involving tht periods alter 11 p.m. Allen stanza goei over WEAF, N. Y., local red key, three hours earlier the same evening. To get It over WJZ, NBC merely plugs the ■tation in on the rebroadcast which if going out to the Coast. If the Alien test shows results NBC will build one of its own va- riety shows for airing between 11 end midnight and try to find a spon ■or for it Quick Recovery Ted Sampler, CBS art di- rector, was rushed to a New York hospital last week for an emergency appendectomy. Com- ing out of the- ether the first thing he saw was a good-look- ing nurse. He smiled: 'Not bad for a blind date.' SAYS HE WAS CALLED NAZI SUES Milwaukee, Feb. 28. Charging that he was slandered, Bert Weisflog, real estate man and travel bureau operator, lought dam- ages of $50,000 In a suit filed in the circuit court Thursday (23) against the Milwaukee Broadcasting Co., operator of WEMP, and station man' ager, Charles Lanpbier. Weisflog, who is prez of the Ger man-American Citizens Alliance, charged that in Nov. '38, he lost his position as sales repres entat ive of the 'German Hour' on WEMP be cause of 'false and malicious' state' ments made about him by Lanphler, Lanphier, it was charged, made public statements 'linking the plain' tiS (Weisflog) to Nazism' an d In dl- cated that Weisflog had used WEMP for 'disseminating Nazism.' Weis- flog, however, denied this saying he was not a Nazi and never had used WEMP for 'Nazi propaganda.' MUZAK EXPANDS Transcribed Musle Comes Home Eleetrle Clrcnlts Over Muzak, wired entertainment ser- vice, has an installation in the new Niagara hotel, Niagara Falls, N. Y, Transcribed music outfit is, contract- ing to install units in other hostel- ries on a leased basis, with Muzak nabitenance men operating and keeping tabs on the equipment Gives patrons 16 hours a day of varied music. Installations require no feed lines, being a central unit making use of the recently perfected 'carrier cur- rent' method of shooting the jive into house power lines, room units pick- ing It out via wall plugs. Ask Atlas Reorg Los- Angeles;- Feb. 28; Creditors of Atlas Radio Corp. have petitioned federal court for reorganization of transcription out- fit under bankruptcy laws. Liabilities listed at $32,257. Bick Todd Off Old Gold Dick Todd, vocalist dropped off th» Old Gold-Robert Benchley show on CBS after last Sunday's (26) broadcast Todd was on his second 13 weeks on the program and was scheduled to remain at least untU March 19 when the program shifts to the Coast Contractual difficulties forced Todd's dropoff, singer wanting a new pact and more dough to go out to we Coast which was nixed. Bob Goldstein Files Joreplcf Fetitioii; LialiilHies of $64,630 Robert Goldstein, former film and radio agent, now a WMCA salesman, filed a voluntary petition of bank' ruptcy in tite N. Y. federal court last week, listing liabilities of $64,.630 and assets of $62,500, latter compris ing two insurance policies of $26,000 each (claimed exempt) and 35c in the Irving Trust Co. Among the creditors are Fifl Dor- say, who has a $2,100 judgment; Clifford Odets, who Is owed $3,430 for royalties due on the London production of 'Goldm Boy,' which Goldstein produced there last sum- mer; Norman Miller, $3,{i00 commis- sions due on the sale of a film script in May of 1036; LUlian E. Terry,- 131 East 66th street. New York, who is owed $20,500 on a loan; O'Bryne, Linnett & Dunfee, London legit producers, $11,000 on breach of a contract In connection with 'Golden Boy'; the Beckhardt Theater Ticket Office, Inc., $26 for tickets pur- chased; Motion Picture Club, $175 for dues. Goldstein was long Identified with Blackett, Sample & Hummert's ra- dio shows until recently, when he became a time salesman for WMCA. He also sold talent for pictures. Bums and Allen Dated For N.Y. Expo Broadcast Hollywood, Feb. 28. Burns and Allen have a May date at New York fair for their Chester- field program. Deal also Is In nego- tiation for an origination at the Frisco expo: Comics (dieck out for tlie summer In early July. Their resumption for sponsor is indefinite. Ike and Leon Levy, owners of WCAU, Philadelphia, returned to the station Monday (27) from a va- cation in Palm Beach. LUTING ITS ON SKIPS Several Alternative Policies Under Consideration — Volume and Importance May Determine Privilege of Fall Reservations for Warm Weather Layoffs NBC'S POLICY Columbia's board of strategy may decide this week just how far the network wlU go this season In stem- ming the usual exit of accounts for the summer. Under discussion are several proposed policies: One of them is to refuse to reserve the old time for any one. Another would have the layoff periods predicated on the .number of hours and stations used by an advertiser throughout the year. NBC's policy allows for no time holding. They either stay on for 52 weeks or .take a chance on losing what they've got William S. Paley called together a group of ad agency men a couple weeks ago and advised them that CBS was considering, closing down on summer time holding. He out- lined certain variations of policy that might be applied to the situation and received suggestions from the time buying coterie. While Columbia was wide open on the vacation thing last summer, NBC made but one exception to the rule against letting 'em get off the roost That exception was Maxwell House Coffee. Letter's contract with MGM made the exit of 'Good News' for nine weeks mandatory. WOO LADY ESTHER Cosmetio Network Collecta Bates Sans Cemmlsh FnU Chicago, Feb. 28. Agencies are pounding down the office doors of Alfred Busiel in an attempt to corral. the_Lady Esther account since it mOVed out of Lord & Thomas. Menwhile the networks carrying the cosmetic show are billing Lady Esther direct and are pocketing that extra 15% which would ordinarily accrue to an agency. ALLEN EEBB JOINS IBS AUen Kerr has replaced Line Sl- monds on the sales staff of Interna- tional Radio Sales in New York. Kerr comes from Free & Peters. NBC Home Office Won't Sanction Taknt Search in Musical God Kay Thompson's Cards Kay Thompson, currently In the Ethyl show (CBS), carries four union cards. Latest addi- tion to her collection is the ticket issued by the American Federation of Radio Actors. Her other memberships are In the American Federation of Mu- sicians, Screen Actors Guild and Actors Equity Association. For those holding membership in the latter two organization's there's a, fee discount allowed by AFRA. Cmmit. Victor in Snit Orer/CabaHero'; Slnlkret, Dnnhani, Stabler Testify Finding that Frank Crumit had In no way used the words of 'Her Old Spanish Shawl' in either .song or speech. Federal Judge Samuel Man- delbaum. In N.Y. on Monday (Feb. 27) dismissed a $50,000 action brought by Adelina Francis Ryan against Crumit and Batten, Barton, Dur- stlne & Osborn. The plaintiff had sought the dam- ages on the grounds that the words of her song were stolen by Crumit for use in 'The Gay Caballero.' Trial of action started on Feb. 24 with the plaintiff as her own main witness. The defendants besides hav- ing Crumit take the stand placed Jack Shillcret Edward Dunham, pro- duction executive at NBC; Kenneth Webb, N. Y. U. protessor; William Stuhler of A. and S. Lyons, on the stand. The judge, besides finding no plagiarism found the. plaintiff guilty of laches (undue delay in asserting right). Marian Jordan (Molly) Is Due Back in Few Weeks HoUywood, Feb. 28. Marian Jordan (Molly) is expect- ed to return to the Fibber McGee program within the next few we^. She's due In thia week to rest up from her long Illness. Neil Barrett Resins Neil Barrett has resigned as v.p. of the Texas Network. "^yXi becomes effective March 15. Barrett has been with the '-'N since its organization by Elliott Roosevelt AFRA Defines Treak Bookings ' Which Have One-Time-Only Card Exemption Status of 'freak' radio guesters has been tentatively defined by AFRAt but no hard and fast rules are being applied. Individual cases are being decided on circumstances and union execs explain they are attempting to be reasonable. Under' the loose' regulations, spe- cial guesters, such as celebrities and leaders from other fields of endeavor are not required to become AFRA members in order to make a single appearance before the mike. How- ever, It is explained that such 'freaks' must have acquired their reputations in fields other than the amusement industry. Such guesters will be permitted to make a single appearance without joining the union, but subsequent ■ dates will necessitate talcing out membership. Also explained that in general those who have no public reputation will not be permitted to broadcast without joining AFRA and persons celebrated In other amusement field will also be held to the Guild shop ruling, although some exceptions will iM made when circumstances war- rant. Audience participation shows, quizzes, vox pops and forum pro- grams will also be excepted and for the present ai least, concessions will be granted for such biz names on audience . participation . shows, . pro- vided such people merely appear itt the role of non-professionals and do not sing, recite, act or otherwise per- form. Adjustment of the rate for an- nouncers on participating programs was made by the American Federa- tion of Radio Actors last week after NBC, CBS and WOR, Newark, bad complained that they would have to drop this type of show if the union scale were applied to the letter. Un- der the revised plan an announcer working in a participating stanza will receive $75 for five innings a week and $65 if it's a sixrday sched- ule. Introduction of the union scale has already caused Uie elimination of several plug-reading announcers on local commercials emanating from the major New York outlets. Case in point is the Uncle Don series on WOR. He will now have to do all his own plug dishing and also forego the explanatory services of the guy who tells the kids that Uncle Don and his autogiro have just landed on the roof and that Uncle Don will be with them In a moment It means opening cold. With the meetings between the Radio Writers Guild and AFRA still In progress on the Coast, the (3uild has sent two of its council mem- bers, Henry Flske Carlton and Mrs. Ruth Adams Knight, to take part Sessions took place all yesterday (Tuesday) and were to continue last Light, according to word received In New York. Howevier, no indication was available regarding the prog- ress being made. Mrs. Emily Holt, AFRA national executive secretary, is just back from the Coast. Issue involved is the jurisdiction of radio writers on the Coast. Both AFRA and RWG claim the repre- sentation. Schenectady, N. Y., Feb. 28. Breslau Bros., furniture chain, will have to drop its 'Talent Search' Idea on WGY Saturday mornings after the current conunitment between the account and the station has expired. The show runs counter to the pattern which NBC, which manages the sta- tion, wants to maintain for the daily Musical Clock period which comes before 9 a.m. While clients are per- mitted to substitute live talent for the Thesaurus library recordings during this stretch, the home-office policy makers feel that 'Talent Search' does not fit in with the spirit and theme of the Musical Clock. Same account is using an Italian comedy character, Gastouche (Ed Flynn), during the other early half hours it has under contract during the week, but this Is okay with New York whose opinion it is that the m.c. Is consistent with the period's policy. *Talent Search,' which Is open to professionals as well as ama- teursr was introduced about two weeks ago. The hunt was to last six weeks, at the end of which the win- ner would be given a contract at lo- cal standard rates for the like period. BABBITT MAY DROP PAanc REBDCAST Rather than add $450 to Its talent pasrroll for the rl^t to record the series from the NBC line, B. T. Bab- bitt, Inc., Is considering dropping the spot airings of 'David Harum' from WOR, Newark; KNX,- Los An- geles, and KPO, San Francisco. In the case of WOR It's a repeat broad- cast for this area, since WEAF| N. Y., carries it earlier in the day as part of a red hookup. As for the Coast, Babbitt is merely interested in bitting the L. A. and Frisco marr kets and sees no economic sense in paying full rebroadcast prices for only two spots. Account, through lU agency, Blackett-Sample-Hummert, will de- cide this week whether to cancel all three spot arrangements. The show is fed daily to WOR's recording service and that station clears it in the afternoon. Two other stencil- lings of the same installment are shipped out the same day to the Coast stations under contract PROCTER & GAMBLE'S 5TH Adda 'Manhattan Mother' to Across- ihe-Board Scripts Procter St Gamble entrenched it- self still further on Monday (27) as the country's biggest user of net- work time by inking in its fifth across-the-board daytime script show and its sixth web program current- ly running. New member of the P. 8c G. family will be 'Manhattan Mother' for Chipso on a 10-station CBS hook-up Ave days a week from 0.15 to 9.30 a.m. Unveils March 6. Pedlar ti Ryan is the agency. While P. & G. will "be using a total of 6% network hours weekly on Co- lumbia, Lever time adds up to 4^ hours. General Foods beats the lat- ter for runner-up by 15 minutes a. week. 'Manhattan Mother', originally pro- duced on WBBM and WGN, Chicago, for American Family Soap (also P&G) will continue to be produced in Chicago by the Kastor agency. Web billings go through Pedlar & Ryan. Peg Maloney, WKRC, Cincinnati, publicity director, motored through southern Ohio and Indiana last week, contacting radio editors of dailies and editors of w-sckly news- papers. t6 VARIETT RADIO Wednesdaj* March 1, 1939 Associated Press Free Service To B'dcasting Provokes Speculation: Eventually May Go Conunercial? Columbia will likely Install a set of . Associated Press tickers this week. Acceptance of AF's offer, of tree service on a strictly sustaining basis had been deferred by CBS un- til it became certain of the meaning In the third paragraph of a letted Which Kent Cooper, AP general manager, had addressed to the vari- ous networks on' the subject of this service. ' CBS wasn't certain whether the paragraph concerned imposed the obligation that no other siervlce but that of AP could be used for ■ustaining purposes.' ' Cooper's letter gave assurance that AP will not sell its service or at- tempt to compete for commercial - business with the other services now catering to .radio. Cooper also stated that the networks or stations accept- ing tiie AP service would have to assume all liability for its contents. ' Notwithstanding Cooper's, assur- ance the impression prevalent In - aome quarters of radio is that the AP has gone in for a form of sam- pling. These skeptics are of the opinion that after AP printers have been thoroughly sprinkled among radio stations the AP's board of di- rectors will be induced to enter into (ome arrangement of news selling for sponsored purposes. At the pres- ent moment the AP board is moti- vated by the belief that through the free service idea radio's help can be enlisted to bolster the sale of AP pewspapers. won, Newark, installed a set of AP printers last week and the ques- tion of Mutual accepting the serv- ice Is now under discussion by this network's officers. 'Lewis Fight Looks Good Washington, Feb. 28. Creation of special broadcasting galleries in the Capitol— denting the half -century press monopoly on Con- gressional coverage— looked probable this week following. Senate Rules Committee airing of pros and cons about admission of microphone gab- bers to the press quarters. . Matter probably wiU have to be voted by both branches of the national legis- lature, which will be under strong pressure from rival media. Led by Fulton Lewis, Jr., daily •pleler for Mutual, the radio forces argued that the horse-and-buggy rules need modernization, complain- ing against discrimination In favor of publishers. Fight brewing for several weeks since Iiewis first Bought admission to the regular re- porters' rooms, where he used to • move as he pleased representing the Hearst wire services. On the theory the regulations mean entry can be granted only to describers whose aC' ' counts go Into print, the Standing ' Committee of Correspondents — five members representing press associa- tions and metropolitan rags — re- jected his application last month. Whereupon Lewis appealed. Jack Benny gets a sheepskin for ■omethlng or other on Lum and Ab- ner's program March 3. . Army's Radio Reserve Washington, Feb. 28. Importance of America's army of licensed amateur radio opera- tors was recognized last tveek by the FCC in an announcement calling attention to the assist- ance which 'hams* can give to the military and naval services. More 'than 91,000 operators — many of them affiliated with the Naval Communications Reserve and the Army Amateur Reserve System— are standing by to handle emergency communica- tions In' -floods, . storms, ship- wrecks and' other disasters, Com- mish pointed out Practice drills and Instruction from the Army and Navy are helping the hams to Improve their technique and develop accuracy and speed. WLWDEFEATED IN IITH HOUR PLEA '.Vashington, Feb. 28. U. S. Circuit Court of Appeals refused to grant the plea of WLW, Cincinnati, for a say of the Federal Communications Commission's order reducing the' station's power .from 500,000 to 50,000 watts, effective in the morning (Wednesday). WLWs dramatic eleventh-hour fight came to an end 'with the coiurt's' turndown ruling at 6:45 p.m. today (Tuesday). Spurt of sudden acUvity around the courthouse broke .-'at ' 4:30 pjnl, a half hour after usual closing time, when the appeals bench asked the commission that it delay putting its WLW order Into effect -for 24 hours. Court was advised that the commish didn't have a quorum available to legalize such action. The- FCC was then advised to get an attorney over to the courthouse within a h : hour as the judge intended. to determine why the commission- shouldn't - be temporarily stopped from enforcing the order. ' In a counter petition which the FCC filed with the court last Sat- urday (24) it was stated that the appeals ' court would, by acUng on WtiWa plea, Intrude on the admin- istration of something over which It had no' jurisdiction. Lottridge Joins WHO Des Moines, Feb. 28. J. Buryl Lottridge has been named successor to Ross' Wallace In the regional sales department of 'WHO, •Des Moines. Lottridge was formerly sales manager for Central States Broadcafting Co. (Omaha, Council Bluffs and Lincoln). I NOW IN EDITORIAL AND ADVERnSING PREPARAHON Yonng Meets Eventsmei Special events and news repa et NBC, CBS and Mutual get together with John S. Young, director of ra- dio at the New York World's Fair today (Wed.) to discuss needs of the trio and iron out other questions of radio At the fair. Abe Schechter of NBC, Paul 'White of CBS, and Mu- tual's G. W. Johnstoiie meet with Young. Confab will, be in N. Y. rather than at the fair grounds. . Schechter got back Monday (27) from a hop to Miami after looMng Into the Wal- ter 'Wlnchell broadcasts from 'WIOD. Rival TedmiqiKS iii Snrveying Newly-InqMHrtaiit Fann Andieiice Sdrs Adrertisii^ Controversy TERRIBLE RESPONSIBILITY vIbieit Used In Badla Claisca at University of WashlngtoB Strike Threats End with Pay msforlBEW St Louis, Feb. 28. Strike threats by approximately SO members of DEW, Local No. 1, employed as 'amplifyer and trans- mitter technicians In Six local radio stations and one In East St IjOuIs were squelched' by national officers in Washington, before wage add hour contract 'which will cost the stations approximately $40,000 more per year, was signed last week. Under the terms of the pact the IBEW members will receive a flat 10% Increase in wages, a 40-hour week, two weeks vacation with pay and double time for overtime which will amount to $3.30 per hour and the highest rate in the United States. The contract which is as of Feb. 15, will run untU Nov. 15, 1941, and contains a clause which permits the union to reopen the wage scale only by giving 60 days notice prior to any Nov. 15 during the life of the agreement 'While' the old contract expired Nov. 16 last It 'was extended 90 days by international officers on the recommendation of Harry M. Brady,, who succeeded the late Ar- thur T. Schadlng as business repre- sentative. Schading was guimed to death by two unapprehended day- ers as he 'was leaving the IBEW headquarters last October. A series of conferences on the. new pact that began about Jan. 1 was frequently punctured ,by the strike threats, some, of which were to have been called within an hour, and the stati6n execs were given' bad cases of jitters and kept the long distance phone lines hot appealing to the in- ternational officers in Washington to halt the proposed walkouts. - A six-hour huddle that resulted In the signing of the pact was held In the office, of George ; M. Burbach, gen. mgr. of the St Loiiis Post- Dispatchy owner of XSD. Others who attended besides . Brady ~ and Bur- bach were Al- S. Foster, WEW; L. A. Benson, 'WIL; Robert . T. Convey, KWK; Merle S. Jonas. KMOX,^^ and John C, Roberts, Jr., KXQK (Star- Times). William West of WTMV, East St Louis, was .absent from, tlfe finals, because of illness, but gave his verbal oJc. to the pact which he later inked. KELSEY-HAYES-AUBREY SHOW DUE FOR EXPO San Francisco, Feb. 28, New weelcly audience show, 'Jubilee Revue,' over KGO (NBC blue) may shift origination to Golden Gate International Exposi- tion when the radio building Is com- pleted. Forty-five minute show, now being presented at the Community Playhouse, is being produced by Ned Tollinger. Cast includes Walter Kelsey's . orchestra; Clancy H^es qs emcee; warbler, Dorothy AUen; Will Aubrey, Kenney GiUum; the Knick- erbocker male quartet and a group of actors in a playlet ' Linkletter Sponsored San Francisco, Feb. 28. With Art Linkletter in the role of roaming reporter at the Golden Gate International Exposition, a new series of half-hour programs entitled 'World's Fair Party' Is being aired Saturday nights at 6 pjn. PST over KFRC and 11 other Mutual-Don Lee outlets in California, under the ban- ner of the Roma Wine Company (table wines). Linkletter directed pre-openlng radio activities for the fair. His resignation from expo staff' Is effec Uve April 1. - . SeatUe, Feb. 28. Theodore B. Bell, Instructor of radio drama at University of- Wash- ington, is now using 'VxaiErr as sup- plementary materia Says reactions from the . students have sho'wn that the' publication can do a part of his Job a lot better and, equity impor- tant a lot quicker, than he can. In commenting on the usefulniess. Bell added: 'Many of pur radio stu- dents are majoring In 'NTabiety lingo.' Kentaeky's Cenrse. . . Louisville; Feb. 28. . .University of Kentucky at Lexing- ton is scheiduling a new radio course. It will offer three ' credits, and Is scheduled' for summer session at the 'imiyerslty, under direction of Elmer G. .Siilzer. Members of WHAS sta'.' will co- operate^ with W. L. Coulson giving outlines of broadcast structure; Robert Kennett program produc- tion; Dudley Musson, continuity; Crrln Towner, radio equipment; as well as special subjects handled by Credo Harris, Neal Cline, Edwafd Barrett and Joe Eaton. DANISH H-UP BY PRINCETON A Danish research man will be brought to' tiie United States In the near future on Rockefeller funds to Spend six ' months studying radio checking techniques. with the Prince- ton Foundation for Radio Research. Dane will then return and apply technlquies to cross-check foreign radio listening under a government- owned system. A similar' arrangement may also be worked out with Holland and France at a later date. hs, Oots, Ups at WXYZ Detroit Feb. 28. Two new assistant dramatic direc- tors, Ted Robertson and Al Hodge, top staiB changes at WXYZ here. Both will aid Charles Livingstone, dramatic chief. _ Robertson's s'ound Job handed to Fred Flowerday, and I ent situation, as reported last week. NBC has been uaing the results of a rural postcard survey made last spring. CBS also has been utillz- ing farm data gathered in a surveys of its own -made about the same time. What bllmaxed. the situation was the ' formal publication a fortnight ago of . the CBS data. Under the title "Co-, lumbla's RSJi. Audience' it was re- vealed in a brochure to the trade at large that CBS had re-plowed the 96 counties originally selected by the Joint Conunittee job, co-financed by! both webs, using the same field or- ! ganlzatlbn, Hooper-Holmes, but ask-' ing competitive questions where the' previous JCRR visits had put non- competitives questions. NBCs reaction was that CBS was attempting to ride the prestige of the Joint Conmilttee's much-publicized activities. Criticism was expressed that the 96 counties which were ap- propriate to the Joint Committee's purposes of throwing light on gen- eral rural listening habits were in- adequate as a basis for evaluating specific agricultural audience divi- sion of some 270 network stations. Part of JCRB Ken Dyke, NBC sales executive, comimehted on the 'Vabiety story as follows: "NBC completely endorses the . . Joint Committee Study. In fact we participated very largely in Its preparation. Since the Joint Committee 'was not interested in analyzing competitive station or network listening habits and. -preferences. It was not neces- sary to choose the rural coun« ties with regard to their geo* graphical placement In relation-, ship to the transmitters of net- work stations. But when any- body uses these same counties for a competitive study it is a very different matter. About one-third of all the radio fam- ilies in the United States— in- cluding a large majority of the rural listening families — are in the rnral areas of remote re- eeptlott. Therefore, there is some question whether any rural study which is so largely con- fined to rural counties which are near large towns or cities can give an accurate picture of na- tion-wide rural station or net- work preferences.' CBS, which calls the post card method Inferior and the NBC sample meager, defends Its own farm sur- ■ vey as better done via 11,000 field calls in 96 counties against NBC's ; post card sampling of 500 counties. Vic Ratner sums up for the CBS ; camp: *The results, of any survey are - no better than the techniques used.' > Blow Williiig to Renew Ws My Namer Bat Price flit QaDse Resisted Although the -time on Mutual has been renewed, effective March 17, the: 'What's My Name?', program is not set to continue under the Philip Morris banner. Milton Blow, agency on the account and Rockwell- O'Keefe, agent for the quiz stanza, are having a tough time getting to- gether on the renewal price. Series will by March 17 have com- pleted a year's consecutive run on Mutual and there's a clause in the contract which provides for a salary tilt on the second year. Orphan Qpera^eddled Chicago, Feb. 28. Program based upon the life stories of famous orphans is being readied by Patricia Ann Manners. Would bring to the microphone famous personalities who were sans parents. Wednesday, Marbb 1, 1^39 RADIO VARlETr Some^ More to Worry About IVashington, Feb. 28. Recent U. S. Supreme Coun decision in a vital copyright case— whether delayed filing nulllfles plagiarism charges— may hold much grief for broadcasters. View taken by court majority is that no hurry In flUng copies Is required In order to obtain protection against in- fringement Novel Interpretation of the statute was rendei-ed in the tiff between Drew Pearson and Bob Allen, authors of the Washington Merry-Go- Round, and' the editors of the defunct Washingtooian. Latter claimed the former poached, with the Merry-Go-Rounders retorting that delay In filing copies with the Copyright OSice negatived the asserted misuse. Applied to broadcasters, this principle means that composers, can taKe their own time about letting the library of Congress kiiow who ' wrote any specific lyric or concocted any particular tune. Consequently, station managers conceivably could learn months later they bad tres- passed. " . In recent years about 30,000 pieces of original music have been reg- istered with the Copyright Office— at $2 a copy— and users have been able, via Washington sleuths, to find out whether they were infring- ing. Following the reasoning of the court majority, future tune- makers can take as much time as they please about notifying the Library but still can demand reparations for Infringement PEDAGOGSSEE RCA FACSIMILE Cleveland. Feb. 28. WTAM baptized its new RCA fas- ■Imile equipment last week in a demonstration for educators attend' Ing the National Education Associa' tion convention. . School lessons and bulletins were flashed by Charles 3. Young, re. search engineer. Into four schools as well as civic audltoriunL' where prexys were meeting. Cleveland school system's new diort-waver, WBOE, was used to pipe tbem from WTAM. Langworth Stock Fills In NAB. Non-Cop Ubrary; 200 More Hrs. Promised Washington, Feb. 28. Langworth (Langlois • Wenth' worth), has taken over the obliga tion to' provide NAB members with a tEix-free supply of music. Con- tract tentatively initialed last week requires lessee to provide. iOO-plus hours of waxed entertainment Treaty stipulated that Langworth will take over the NAB orders, that call for 100 hours of recorded music and in addition will record. In the next two years an additional 200 hours. With 20 hours already plat terized, tiangworth will adhere to the $10 price scale mentioned in con tracts by which the NAB sold Its customers. ' The. remaining 80 hours will come from the present L-W stock. After all subscribers have re- ceived their first 100 hours, L-W will produce more platters, to be sold at $10 per hour plus added costs attributed to demands of the Amer- ican Federation of Musicians, but with a $15 top. Trade association was assured the 200 hours will in' dude 'a substantial percentage of new, original dance music with lyrics.' NAB will supervise the re- cording via an advisory committee. Griffin Shoewhite Dickers For Return of Hal Kemp Bermingham, CasUeman St Fierce, Inc., agency on the GrlSin shoewhite account Is still negotiating with NBC for a half -hour in which to start Hal' Kemp this April. Griffin's Kemp program was on the blue (WJZ) link last season and ran on 24 stations from May to Novem- ber. 'Gateway' Stays Open Hollywood, Feb. 28. Jesse Lasky last week drew an- other 13-week hitch for bis amateur program, 'Gateway to Hollywood.' Show Is produced by - Charles Vanda, on leave from his berth as program director for Columbia on the Coast Atlass to Coast Chicago, Feb. 28. In .connection, with . 'Gateway ■ to Hollywood' renewal fot another 13- week jaunt for Wrigley account Les Atlass, Columbia v.p. here, planed to and from the Coast over the week-end for a quick o.o. of the show. Jesse Lasky was in town last week for the monikering. Proposed State Packaged Goods Law Has Clanse ;er's Name HEARINGS ENLIVENED; WEISS RAPS UNION AND COPYRIGHT AS 'SEMI-PARASfnCAL' Jolm Shepard, 3rd^ Defends Right to Cnuade for 'Good Government' — Not Doing It Now, but Won't Promise to Refrain— More. Fiscal Details Albany, N. Y. Feb. 28, A stringent Uniform Food, Drug and Cosmetic Act has been intro- duced in the New York Legislature by Senator William Bewley, Lock- port and Assemblyman Herbert A. Rapp, Genesee. Designed to prevent adulteration, misbranding and false advertisement in intrastate com' merce. Contains a provision that 'no publisher, radio-broadcast licensee^ advertising agency, or agency or medium for the dissemination of an advertisement except the manufac- turer, packer, distributor, or seller of the article to which the advertise- ment relates, shall be subject to the penalties (imprisonment for not more than 30 days, or a fine of not more than $50, or both, with im- prisonment up to 90 days and a fine up to $500, it violation is committed after a conviction), unless he has re- fused on the request of the adminis- trator to furnish the name and ad- dress of the manufacturer, packer, distributor, seller or advertising agency in the United States, who caused him to disseminate such false advertisement' The term 'adver- tisement'- is defined to mean 'all representations, other than by label- ing, for the purpose of inducing, or which ar6 likely to induct, directly or indirectly, the purchase of food, drugs, devices or cosmetics." NBC GOES LAH-DE-DAH FOR FRISCO CROWDS San Francisco, Feb. 28. Evening attire Is being donned after six o'clock by all artists, mu- sicians and announcers at the KPO- KGO studios here and special uni- forms are being worn by members of the mail and messenger, and guest relations staffs for the benefit of visitors to the Golden Gate In- ternational Exposition who also take a gander at the local NBC ouUets while in town. Mail and messenger clerks are garbed in gray with silver trimming, while the guest relations staff mem- bers wear dark blue imiforms with li^t blue cord and NBC insignia on one shoulder. Rathbone Circle Proxy Hollywood, Feb. 28. Basil Rathbone has won a per- manent berth as prexy of the Kel- logg Circle. Gavel, however, may fall into other hands it Ronald Col- man and/or Cary Grant decide to drop in occasionally for a guest whirl. - — . . Rose Bampton does a repeat on the program March 5, as doeis Marion Anderson the following week. Lawrence Tibbett due back on the show later. Skipworth Package Alison Skipworth is beug offered to radio agencies with a script show built somewhat along the lines of the late Marie Dressler's 'Min and Bill' characterization. Bob Goodhue doing the offering. Spot opposite Miss Skipworth was waved at W. C. Fields but it was turned down because of previous commitments. Dudley Digges may take Uie spot' < v ' " = * - . Wshington, Feb. 28. Yowls about the continuous shake- downs by . 'temi-parasitical' organ!-, zations wielding a club .over broad- casters were aired to the FCC last week as the chain-monopoly probe got around to regional webs. First details on sectional chains were ob- tained from executives of the Don Lee and Colonial-Yankee combos. First Instance of wailing about the operating costs due to unions and copyrlght-owiiers occurred while Lewis Allen Weiss, v.p. of Don Lee, was in the witness chair. Some of his sentiments later were echoed by John Shepard, 3d, head of the New England skeins. In an indirect appeal for^govem- ment aid and sympathy, Weiss pic- tured the harrassed broadcasters as perpetually engaged in a fight of self-defense. The government tax collector is on one side, while the actors, technicians, musicians, and copyright-holders batter from the other. These 'semi-parasitical' out- fits will be the death of small net- works and independent stations if somebody doesn't apply curbs, Weiss intimated. Radio 'Victimized,' Weiss Declares; Rainy Day Fears Higher operating costs due to the demands of the unions and ASCAP will lead to an inevitable jacking of rates that may drive sponsors away from microphones and to other media. Radio is being 'victimized,' with between 20% and 25% of the take siphoned by these groups. Under present Federal tax policies, broadcasters cannot save up for rainy days — a precaution which the highly risky nature of the business necessitate^and whenever they do collect a litUe cash the 'parasites' begin waving clubs again. Using the FCC as a wailing wall for the first bleat of this kind since the probe opened, Weiss said the 'arbitraiy' demands of the American Federation ot Musicians are a 'very substantial drain' on the Don- Lee outfit No relation to ability to pay. lioad on small stations is propor- tionately heavier than on big com- petitors. In Don Lee's case, the pain Is unusually sharp because the web always has-been extremely generous in hiring talent with the idea of ren- dering highest quality program ser- vice. Instead of the 6.49% of the net which others are compelled to pay, the tunesters snatch nearly 10% of D. L.'s gross. Weiss coinplained that no credit is allowed for pay- ments for rehearsals, overtime, or casual employees. Result of the Federation attack, the Californian declared, is that the Don Lee crew must spend an addi- tional $1,500,000 a year over a two- year span for musical talent. Expen- diture for KHJ, Los Angeles, last year topped $100,000, he estimated. Although not as indignant, Shep- ard. also yelped about the unionj and ASCAP but differed with Weiss as to the results from the tunesters' view-point Policy ot requiring sta- tions to maintain staff orchestras may help relieve unemployment, in some smaller communities, though it is of doubtful benefit to the union members in big spots. He thought there was some justice in the AFM demands, although he remarked that nobody took care of the buggy-whip makers when the automobile came along. Getting picture of the Don Lee structure, the Commish learned that the web keeps no books, with the costs being borne by the three com- ponent stations, KHJ, tios Angeles; KFRC, San Francisco; and KGB, San Diego. Explained that KDB, Santa Barbara, is owned directiy by the Don. Lee estate, .so that Thomas S. Lee, principal heir, actually controls all four enterprises. When CBS set up its own Pacific Qoast organization and the McClat- diy group went over to. NBC, the Don Iiee combo was left in an awk- ward spot which prompted the af- filiation with Mutual, he explained. Tou^ Job of rebuilding the regional skein was related, with Weiss point- ing out no high-powered outlets were available so that reconstruc'- tion necessarily was based on re- gional and local OuUets. . He described Don Lee . as a philanthropist who smoothed the way'for networks wlQi transcontinental ambitions. Weiss Disagrees With Mutual on Exclusivity Defense of exclusivity In fietwork- affiliate relations was bolstered by Weiss. In disagreement with the atti- tude of Mutual executives,' he justi- fied placing restrictions In contracts as a means of self-preservation. Particularly' tor a group of mediuin and low powered transmitters con- fronting major league competition. Other chains on the Coast 'sell power,' while D. L. sell* service. Although Mutual is wUling to waive the clause which assures Don Lee none of its features will go to other outlets than Don Lee mem- bers,- Weiss was not agreeable. In view of the contribution toward maintenance ot the transcontinental lines— Don Lee pays five-eighths of the cost of the Chicago-San Fran- cisco link— and the competitive sit- uation, he could not see why the wires should be used to feed rival transmitters. If stations were permitted to pick programs here and there indis- criminately, they would lose their identity and an enterprise such as the Pacific combo would be injured, Commish was Informed. Further- more, exclusive pacts stimulate competition and enterprise between various chains. $100,000 in the Cup On Television Experiments Telling about operations, Weiss revealed Don Lee has sunk $100,000 in television experiments, in a typi- cal week took only 10.6% of the time ot affiliated ouUets— of which five-sixths went for D. L. commer- cials — pays the wire costs inside California, and has a unique agree-, ment with the -Pacific Broadcasting Co., which services the Washington and Oregon ouUets. Under this pact Don Lee is to provide 18 hours of commercial and sustaining programs daily, with Pacific paying for tele- phone lines beyond the California border. It the business on these sta- tions via the web exceeds the line cost Don Lee gets a 15% cut Be- sides its contribution to the Mutxial cross-country circuit D. L.'s tele- phone bill runs around $18,000 monthly. The gross billings on Don Lee last, year showed a $400,000 rise. In- cluding Mutual accounts, the figure went from $1,210,143 In 1937 to $1,668,488 in 1938. Special treatment for Don Lee, Inc., automobile agency, was brought to light, Companion concern buys announcements on a 'floating or run- Ot-station basis,' taking time not otherwise sold but subject to sale at any moment They- pay 50% of the regular rate. Weiss considered this time a 'by-product' The auto- mobile firm pays in cash, not through any credit arrangement. Compensation to the web takes the form of discounts for network of- ficers and employees buying auto- mobiles. LitUe duplication by^the iJon-Lec transmitters, according to the tech- nical picture drawn by E. C. Page, consulting engineer. California's unduplicated population is 4,240,l00, he estimated, of which 92.1% ot people within the haU-millivolt area hear only, one Don Lee station and in the two millivolt area the single- signal coverage hits 08.3%. Snarled corporate relationships of various Shepard enterprises . took two days to unravel, through the medium of dozens of charts and tables. Commish members and at- torneys had hard time comprehend- ing reason for maintaining the two hook-ups and getting the financial picture straight Dual .webs, which -because' of peculiar operating methods make only one actual network, occasioned by sales problems and physical ar- rangements, the Yankee-Colonial proprietor explained. Due to vary- ing desires of advertisers, plus the affiliations with other networks of some members of the old Yankee combo. Necessary to have two Bos- tan outlets because of MTNAC's III^ with NBC, which makes it impos- sible to satis^ all requests tor cov- erage in the baked bean center. Yankee is owned 100% by Winter Street'. Corp., a realty holding firm completely controlled by John Shepard, Jr., his dad, the chain exec testified, while Colonial Is owned 50-50 by his brother, Robert F. Shepard, and himself. Since -ior- m^Uon, Yankee's dividends hav« totaled $136,600. Rsproving attitude with which the Commish has been viewing Shei>- ard's political ventures was re- flected in the proceedings, with Commissioner Paul A. Walker dig- ging persistently into policy matters. Exec denied Yankee News Service is opinionated, after explaining need LOT a regional news-gathering serv- ice which, he disclosed incidentally, paid legmen $41,726 last year. Tossed around . biecause the Shepard, sta- tions have- been accused of taking sides, Shepard defended conduct which resulted in complaints that never have been disposed ot by the > CC. Won't Promise to Reftain From Radio Crusading Claiming the right to crusade, the Bostonian said he is not broadcast- ' Ing editorials oyer W.AAB currently but would not promise to retrain from resuming If conditions war- rant His chief interest in campaign- ms on his own behalf was - to pro- mote good government. Denied he plays favorites between rival offliie- - seekers, but said he saw only -one sids to arguments over right and virtue in public affairs. He is a Re- publican. Questioning ' disclosed Shepard does not review scripts of candidates but insists on ogling speeches of state and municipal of- ficers. He denied any violation of . the anti-censorship provisions in Ihe Communications Act On operating questions, Shepard tcsiiried the majority of affiliates donate no free time to either Yan- Iv-es or Colonial, admitted the webs tal:e a 30% cut ot the revenue from sponsors buying the combos, and explained there are many varia- tions in the relationships with the different stations. Most of the af- filiates pay for their lines— and in these cases the webs get 30% of the gross card rate— but a few -pay for their own wires and in turn are, paid more liberally for all commer cials, notably WNLC, WLNH, WRDO, WCOU, and WHAI. Certain amounts ot gratis time available to the webs over WLBZ, WSAR, WNBH, WLNH, WSPR, WTHT, and WATR. Special breaks for WTIC, Hartford, and WTAG, Worcester, two ot the larger non-Sbepard-owned network units. The Hartford plant gets 40% of the revenue for Its facilities, with the proportion rising to 50% 'be- tween 7:30 and 8 p.m. The Worces- ter outlet gets 40% on sales ot the same hours. Shepard emphasized that actually the bulk ot stations get about 50% of the webs' actual take^ ■since compensation to affiliates Is based on the gross billing while the webs, of course, receive only the balance after deduction of commis- sions and discounts. The exclusivity question Is handled in a one-way fashion by Colonial and Yankee, the Commish learned. Majority of contracts pre- vent affiliates from joining other webs but legally impose no resbic- tions on either of the Shepard en- terprises. In answer to question whether Yankee or Colonial serves rivals of affiliates in event time is hot available on the regular 'outiets^ Shepard said 'we wouldn't do W without consent of the affiliates in- volved. i CBS on Frisco Exchai^ Sacramento, Feb. 28.. Class A and B stock issues fA Columbia Brqadoasting System, Inc., were admitted ^o the list of the Saa Francisco Stock Exchange \this week. ' The listing comprises 984,296 shares of class A stock, $2.50 par value, and 948,674 .shares of class B stock, $2.50 par value. The Issues will have the ticker Symbols CBSA and CBSB; trading will be ia nnitS- of 100 shares. 28 VARIETY RADIO REVIEWS Wednesday* March I, 1939 BATHOND FAIOE-HILDEOAItDE •89 Uen » Girl' MBsle,. Sonea S* Mlns. V. S. BITBBBBu . Wednesday, M p. m. WABC-CBS, New TOrk ^Campbell-EtoaU) Raymond Paige, from Los An-, geles, where he has been Identified y^ith various- radio programs. Is con- ducting this manunoth orchestra of S9 men from a CBS playhouse in .New York. A musician who is also a showman, Paige tackled a tough assignment and on his first broad- cast last Wednesday (22) emerged brilliantly. Paige made out a strong case for volume. It has been customary to regard the radio orchestra as re- quiring never more than . 40 men. Symphonies, of course, were con- ceded to be exceptions. Paige now shpws that effects, can be drawn out of undertone-dominated arrdnge- ments which will fntroduce fresh SosslblUties to popular music ren- ered in the grand manner. An or- chestra need not have 99 men, but If it does and they are under au- tboritative. direction and manipu- lated for massive harmonies, the en- tertainment result can be music that Vill stand out above the common- place virtues of the monotonously good, average radio en<;embles. That's sun-clear. . Perhaps the train effect, as the regiment barged into a Dixie med- ley, best illustrated what blends and colorations can be extracted from the interplay of choirs of four and eight men per instrument This was a stand-up-and-cheer novelty. Other rich tone Innovations came In the Gypsy Airs, where the 24 fiddles caipe In like roses on the June zephyrs. The half hour, jn fact, was on wings. HUdegarde (SeU) was the skirted minority In the '99 Men and a Girl' title. (A compromise when Univer- sal wouldn't okay use of Its Durbin- Stokowski '100 Men and a Girl' tlUe). This was easily her finest radio op- portunity. Both as a showcase for tier talents and as a bright radiance In ballyhoo possibilities, this booking goes down as her dream-chance: . She came through the first broad- cast with a neat click and, in the weeks to tome, ought, by all the omens, to find herself on the esca- lator. Although prominent for some time In radio and in the class New York, Paris and London niterles, im- tll now she's been an In-and-outer. Dan Seymour, an agreeable a- nouncer, made the bowing of heads In honor of the sponsor a well-man- ' nered reminder. hand. TOH HOWABD, OEOBOE SHEL- TON With Bay Blooh's Qrcheetra Oai;*, Voeab^ Hqale 30 Mtns. V. S. TOBACCO ' Monday, 8:30 p. m. WABC-CBS, New York (KviZner) This one is right from the crib— com. 'I don't feel up to snuif re- marks George. Sbelton, 'Which is nothing to sneeze about,' comes back from Tom Howard, ^juick-like. 'The chiropractor kneads your back,' ex- plahis Shelton. T need it more,' puns the othei: half of the team. They kick around that knead-need routine like a- soccer tnatch and come back again with a prolonged discussion of 'ditto.* -It's unabashed, low I.Q., ton of bricks comedy. 'Bears the caption 'Model Minstrels,' but the minstrel formula is. faint - Show is heavily-cargoed with ^e Old Apple Tre^' kind of hillbillylsh music ' played ' with workmanlike gusto by the Ray Bloch (consplca ously unmentloned in credits) house orchestra. It gallops along.' This program, which replaces Pic end Pat, has Its eye steadily on the 10c audience for pipe tobacco. It's «mall time, small town,' backwoods entertainment Biit lt,s clear, con- sistent forceful, unmistakably In true pitch, even though a low pitch. Frank McMann Is the producer. Land, CABET WILSON Talk MAXWELL HOVSfi WEAF-NBC, New York ° (Benton ft Boiole<) Carey Wilson, writer and also a commentator on Metro shorts,' guest- ed last Thursday night (23) on the 'Ciood News* show from Hollywood. Has an excellent radio voice, fine diction and clear mike personality. Both in style of writing anc' talk, Wilson sounds not unlike Alexander WooUcott though without the let- ter's preciousness. Spiel was a story of the unknown man who first planted seed to raise frain. As Wilson told It that dim gure out of the past was the dis- coverer of agriculture, by which man developed tiie precarious existence Of a nomad to the security of home life and an established family. Both scripting and delivery were concise and vivid. Hobe. JACK JACKSON Ukke a Ohanoe.' wlita Etfle Atherton, Hoffh E. Wright. Comedy with mule. 86 BUns. Tncsday, 8 p. m. BBC, London. Jack Jackson, one of radio's- top band leaders here, made his debut as ah actor, which was the only point at which this Ught and slight stufl rates ' mention. Jackson has done a spot of spouting In his band shows, which was what drove producer Max Kester to cast him in. a full- length role. Not that his Job as a somewhat hysterical young- physical culture expert condemned to live in the same house as ia girl he loathes (at first) wasn't competently done, with- in limits. But he made the charac- ter at time so - bumptious and ex- uberant that any sympathy dissolved into thin air. However, he's still a good band leader, and his boys, with Bill WU- llamson deputizing at the waggle stick, put some' pep Into a thin story. LYN HUBKAY 'Moods for Modems' with Genevieve Bowe, Earl Bogers, Fenr Clnbmen and Walter Gross 3» Mins. ' Snstatning Satarday, 1:M pjn. WABC, New York Musical show, with chorus and orchestra of 37 conducted by Lyn Murray, is one of the International Exchange programs which CBS is trading with BBC in England. Show Is thus pumped abroad as well as into the domestic web, so an attempt is made to present typically Ameri- can works and folk tunes, which re- sponse from abroad has Indicated click well with foreign audiences. Music Is of the light classic style, with nice variety shown in intro- ducliig an inoffensive comedy num- ber each week. It's entirely class from gabber Charles Stark's intro- ductions to the manner of pi'tsenta- Uon. Orch, when caught, was slightly heavy on the string side, but not Objectionably so. Soprano Gene- vieve Rowe, tenor Earl Rogers, the Four Clubmen and the chorus were all good. Aside from standard bal- lad and folk stuff, standout was the comic number by the Clubmen, There's a Hole in the Old Oaken Bucket' (and there wouldn't be if ma hadda took better aim when tossin' It at pa). Well done and good contrast CBS got in a good plug for Itself with three portions of the Tjcnox Avenue Suite,' written on its com- mission last year by William Grant StilL Two parts, uist .d of three, would have been sufficient here. Show, produced by George Zach- ary, swell for its purpose. Leslie Atlass sitting in for Donald Thornburgh at KNX (Hollywood) while latter east for NAB board meet and huddles with William S. Faley. Follow-Up Comment •SHOLINa JACK* Cerlal 16 Mlns. VOOTSIE BOLLS ' M-W-F, 6:30 p. m. WOB-MBS, New York. (Milton Biow) Tootsie Rolls (Sweets Co. of America) Is trying out the radio with an experimental. three-market (New York, Chicago, Boston) hook- up via Mutual. Its entertainment ' choice is a newspaper syndicate mel- odrama, 'Smiling Jack,' which is as full of action as an anthiU. Episode caught concerned the ar- rival of two airplanes on a° frozen waste and the hi-]acklng of one plane by a couple of nasty Neds bearing the names of Dude and Top Hat But In stealing the one good ship, their Ignorance of how to get off from an Ice' runway wrecks the second gondola. That creates the standard stock situation of .'Smiling Jack'— the good guys and the bad guyfi sharing a comnjon predicament ' — bu^ the worms always in charac- ter :' It's broad, hokey, obvious and con- sistently Incredible. But Just the kind of foolish exaggeration kids usually Iflte. Rather well done as to clarity Of dialog 'and movement Land. Helen Hayes and Kate Smith en- gaged in a. reminiscing spree on the latter's CBS stanza for General Food last Thursday night (23) after Miss Hayes had completed her chore in a dramatic sketch. The twosome re- called tiieir amateur efforts- In Wash- ington, when Miss Hayes had ambi- tions to become! a singer and lAIss Smith wanted to hoist the drama. The chatter led up to a wisecrack In which Miss Sniith made herself the target She referred to their past meetings as two ships passing In the night 'me the ocean liner and you (Miss Hayes) the canoe.' Pas- sage woimd up with Miss Hayes try- ing to shig and her contemporary tackling Stokespeare. - The sketch, itself, 'Molly Stevens,' was one of ,those maudlm moi^sels. A girl meets, a boy she knew in their orphanage' dajr^ - She kids him Into believing 'that things have been pros- perous for her until hunger over- comes her and she faints. After that there's recognition -that they're made for each- and talk of marriage. Spen- cer Bentley gave a highly Ingratiat- ing performance In the part of the boy. ' Besides acting talent Bentley has a voice that conveys lotd of per- sonality. Hedda. Hopper's "Brentwood' serial on NBC.Blue Saturday nights at 8:30 adds up to a rather 'boring half hour. Sixth episode (25) dealt with at- tempts to gather material for a biog- raphy of the life of Barbara La 'Vere, the sale of which,, once it got Into print would' keep Miss Hopper's publishliig firm in the running. Char- acterizations are convincingly done, but the subject seems too weak and esoteric to hold listeners on Satur- day at 8:30. Pre-program ucplanation clarifies preceding events, but even so the thread is sometimes hard to follo\7. Miss Hopperls voice stands out above the other okay members of the cast Johnny Green's music held nice change of pace and 1939 arranging when heard on the Philip Morris cigarette stanza Tuesday (21) on the NBC red. Genevieve Rowe sang helofuDy. . This particular Max Marcin mur- der quickie was not too good in that the smell of the typewriter was un- mistakable. Syntiietic .composition left the listener expecting more than the script delivered,' and there was leakage in the logic Involved. Un- pleasant too, that a wife, with not very much justification, should spring on a murder opportunity and carry it through with unsympathetic cold- ness. Al Jolson's program '(Lifebuoy, CBS, Tuesday) was hot a model of a nifty radio revue when heard last week (21) with Dolores Del Rio and Margery Wilson as guest personali- ties! To the contrary, it was a poorly organized entertainment running on the frowzy side as regards humor and zip. It was neither broad enough to be good slapstick, nor fast enough to be deluxe amusement Cluttered with puns and such sillylsms as nam- i^g a perfume 'Stool Pigeon's La- ment' Heavy going was especially appar- ent in the sequence with Miss Del Rio, who was figuratively left strand- ed in a balcony box, where the spot- light picked her out and kept ner standing doing nothing while Jolson, Martha Raye and a stooge dropped back into the small time. Puns took the form of word play- ing on Liberty and -Life (magazines), on •'Valley Fudge' (Washington's Birthday topical), and there was half a dozen dragged-in-mentions of Ruby (Keeler)- which Inevitably must strike' many ears as aping Cantor's questionable display of filial pride, a', question in good taste that quite literally divides the nation. - Script is the obvious weakness. It Is not drawing cl6an-'cut character- izations. Martha Raye is made to mouth such phrases as fmiitilate my earmuSs with crep^ siuette.' Guest stars are not Integrated with the comedy. Indeed, the whole enter- prise sounded as if it had been on a toboggan lately, with -slackness noted in all departments. - Parky'akarkas was down to a couple' of minutes and running ' on the battery. Margery Wilson, charm expert was made to seem less than charmlhg. Indeed, her treatment was faintly Ringed with belitUement Entertaiimient score not snappy. Easy Aces continue to amuse their followers in behalf of Anacln on NBC Red. Current neatly written theme, in serial form, has the pair separated, most of the' time but still trying tb outwit each other. For modernization, and a few laughs, the game angle is covered by Mrs. Ace being partner, unknown to Mr. Ace, in a tea shop made profitable by Bingo. Etheir picture of the hulabaloo of Bingo, its money counting aftermath, and the idea of Mr. Ace trying to' recall the shop's lease, granted at a low figure, in order to lease it to a prospective tenant at a lucrative fig ure without letting on that -the white elephant niece of real estate had turned valuable, all congeal as enjoy- able entertaljnment. . BIng Crosby and his cohorts were In fettle Thursday (23) on Kraft's WEAF Music Hall. Hour turned up Henry Fonda, Who first found him- self between Bob Bums and Crosby In a comical sequence .based on Fonda's Missouri experiences while making the film 'Jesse James.' Bit, of course, dragged in Bums' Arkan- sas locale, isecond place involved Ellen Drew, featured in recent Crosby films, and 'pictured Fonda as a bashful hillbilly lover (accent and all) seeking advice from Cupld-as- sisting Miss Drew. Fonda also, toted In his trumpet for a dual session with Burns' bazooka. Sounded like Tin Pan Alley in full offkey blast and was good for more laughs. 'Good News' show from Hollywood via NBC red last Thursday night (23) was an - In-and-out edition in the usual pattern. Guests included Miliza Korjus and Carey Wilson, with Gertrude Niesen joinhig the troupe as regular singer. Latter of- fered two solo$, then joined' Mere- dith Willson and his orch In a dem- (Continued on page 62) DOC BOCKWELL'S BBAIN niVST With Al Both orebestra, Joseph Liiley elMlr, Fred Irving Lewis, Eonloe Hyde, Ian Martin, Agnes Meorhead, Elsie Hay Gerdon, Sally Ward Comedy, Mnsle 30 Mlns. Snatalnlng Tnesday, 9:30 p.m. WJZ-NBC, New York Doc Rockwell, a bright and origi- nal comedy mentality, has Concocted an engaging formula that has the makings of a popular entertamment subject to the if— big— that the ele- ment- can be brought together bet- ter. Imperative is the drastic Im- provement of Rockwell's comedy as- soclates— assistaAts would be the wrong word — who must be clarified as characterizations and strength- ened as lines in the script The comedy was on a sprained ankle every time the professor or the club- woman character spoke. The third member of Rockwell's lunatic brain trust, a businessman, did not emerge from the typewriter smudge on the sheets of paper in the hands of the cast This became a ca$e of the come- dian sounding big timey and the feeders sounding like fugitives from OPEW, Podunk. In . fairness to the performers Involved, it must be recorded that the script damned them in advance, although miscast- in : can scarcely be disputed. Im- pression was that competent radio character actors had been tlirust int9 comedy stooge -roles requiring specialized talents. Painful contrast of Rockwell himself with his strug- gling, but sunk, support has to be ended before this program can go places. Meanwhile, basically it's a good- natured spoof on our deep thinkers, a quiz show to culminate all quizzes, a fancy-free blend of scientific pat- ter and vaudeville nonsense. NBC is producing the program as an ex- periment to build up the blue net- work, which needs more good pro- grams. -The bu,dget is way beyond sustaining averages and, most sig- nificant of all, the stations are com- mitted and NBC is committed to hold time inviolable for 13 weeks. Rockwell, of course, is doing it the hard way. Gagging. about glands and .Inferiority complexes Is suffi- ciently bold. It's talk, and it stands or falls as talk. ' That makes the future of the' stooges vltaL Without characterization and inter-play it's just a Rockwell monolog, and 30 minutes is a long soliloquy from chimes to chimes. The music of Allen Roth's orchestra, was helpful and nicely arranged. There was a bit of pleasant choir singing, too. Show had considerable zip despite the uneven progress of the gab. 'Which fact bespeaks the sturdy shoulders of Rockwell. But he can t carry the whole load all the time, or the brain trust will develop' brain fag. Land, ALLEN BOTH Orchestra With Glenn Darwin, Karen Kemple Moslo, Songs 30 Mina. Snstalning Sat, 3:30 pjn. WJZ-NBC, New York It's a more dignified Allen Roth billing for this sprightly Saturday afternoon half hour with Glenn. Dar- win and Karen Kemple as vocalists. The musical portion is in the same suave orchestral manner which first distinguished Al Roth's baton when CBS brought his 'St Louis Blues' show east on a national hookup,' He's since veered over to- NBC as a staff maestro, debuting* last week also with Doc Rockwell's . variety pro-, gram. This 30 minutes comprises slick orchestral wOrk by a full-bodied combination, aided by Glenn Dar- win, baritone, ^nd Karen Kemple, soprano. Their vocal chores run to the concert platform or - oi>eretta school; Roth's dansapation Is chiefly culled from the temporary pop's. Combination of the two makes for a nice weekend blend. Abel. MILIZA KORJUS Songs MAXWELL HOUSE Thnrsday, 9 p. m. WEAF-NBC, New York (Benton & Bowles) Metro's Viennese import, who made her U. S. picture debut In 'The Great Waltz,' has a pleasant so- prano voice,, but iteeds more ^ mike experience to become a radio bet Is apparently ill at- ease on the kUo- cycles, on one occasion even cough- ing nervously just before her selec- tion began. She concentrates - oh concert style of number, which also limits her popular appeal. On last Thursday's (23) stanza she offered a Rimslcy-Korsakov selec- tion. The Rose Has Charmed the Nightingale,' for the opener and wound up with 'The Gypsy and the Bird,' latter being a coloratura se- lection with fiute obbligato and plenty of trill stuff. Her voice is softer In the low registers and a trifle hard on the high notes. That her recording technique is not wanting has already been favor- ably evidenced on her Victor wax- Ings of 'Great Waltz' excerpts, ' so It^s seemingly- chiefly a radio mike ■ diortcomlng— at least judging from this performance . Hobe. LIFE AND LOVE OF DR. SUSAN With Eleanor Phelps Dnunatte Serlal IS Mlns. LUX FLAKES AND SOAF Dally, 2:16 p. m. WABC, New York. (/. Walter Thompson) Since the advent of The Life and Loves of Dr. Susan' the writers of several other daytime serials have advanced the claim that 'Dr. Susan,' In characters, theme or plot, has much in common with their own works. Writers concerned must be short on memory as to the sources of their material. If those respon- sible for 'Dr. Susan' are guilty of anything. It's in foUowlnjg Its recent daytime predecessors in gleaning from successful serials and building a composite. set- of characters, theme, and plot that, because of easy fa- miliarity, assures quick Ingratiatlon with the housewife. Characters and theme of 'Dr. Su- san' were given the mosaic treat- ment within the J. Walter Thompson agency, and the job of daily script was farmed out to Edith Meiser, one of radio's standby craftsmen In this particular field. Everything about tiie show hews closely to the estab- lished formula for daytime serials. Hardly any tried and cllcksome de- vice, is passed up. Added to these factors Is a high standard of acting and production, with the combina- tion Indicating a substantial and faithful following. Story has to do with a Dr. Susan (^ndler, who, after losing her hus- band-doctor- In South America, re- turns with her twins to their father's home town; The plot so far tells of the stiff opposition she encounters when she tries to crash local medi- cal research and practice. Though' Inclined to maintain a permanent air of high tension, Eleanor Phelps makes the central character gener- ally absorbing. The supporting cast Is of the upper grade. Plug pursues- Lux's ' peculiar s^le of rationalized sales appeal. 'What does a woman want' most? Love; romance. With romance goes charm; and no charm counts without dainti- ness, and for true daintiness there's Lux and the daily beauty bath. A crooner weaves in at this point with a bit of dainty yodeling. Another angle, of course, is that nine nut of 10, screen stars use Lux. Odec. A. L. ALEXANDEB'S 'ABBITRA- TION' Andlenee Partlolpatlen 60 Mlns.— Loeal Snstalning 9 p. m., Frt, WHN, New York ^ A. L. Alexander, whose Good Will Court caused so much controversy' among legalltes that it was finally forced off the air by the Bar Asso- ciation three years ago, comes up with a new Idea much along tha same lines, but this time on WHN. Good Will Court started on WMCA before getting a brief networ': com-' mercial. 'Arbitration* looks like a certain- ty to attract a large listener-follow- ing. It's probably the first program dealln'g ; with - himan relations to present both sides of a dispute; It's arbiters on the first broadcast were outstanding personalities, including Dr. Frank Kingdon, president of tho University of Newark; Kenneth Col- lins, general manager of the N. Y. TImies,-and Deputy Welfare Commis- sioner Edward (^rsL The onus of competition with tha. profession of law is somewhat re-, moved in 'Arbitration' via the expe- dient of settling disputes on human' aspects rather than giving legal ad-, vice. Alexander also made it clear that the program was working hand- in glove with lawyers, '\^ho, he claims, In many Instances prefer in- formal settlement of controversies rather than going to court The liti- gants assertedly sign an agreement to abide by the radio arbiters' deci- sions before going before the mikes. The program, however, has one. major and dangerous fault by per- mitting both sides to hold the mike at the same time. . In two of the four cases presented on the first broadcast for Instance, tVe litigants got into heated disputes and began spewing some serious recriminations. The danger of libel and criminal slander that might involve the sta- tion are too great to permit a situa- tion of this Und. One way to side- step this would be to permit only one side to have the ihlke at a time, plus time for rebuttals and re-ques- tioning by the arbiters. One of Alexander's chief, draw-, backs on the Good Will Court his propensity for sllnginig verbiage in large doses and a tendency to pomp- .ousness appeared' to be missing this . first broadcast He naturally spent: some time at the opening detailing the program's purpose, but from there on wisely remained in the background, subordinating himself. The intelligence of the arbiters was a marked feature of the teeoff, also the worthiness of the four cases heard. All of them were heavily driamatlc, but sounded legitimate and holding clear-cut Issues. If the 'average Is maintained this program looks like a click. It Isn't, for in- stance, as tongue-in-cheek as John J. Anthony's 'Good WiU . Hour* (sponsored) on WMCA, and Its pro- cedure Is as matter-of-fact as a Serv- ice of this sort should be. Scho. Wednesday, March 1, 1939 RADIO VARIETY 29 DETROIT POSTPONES RADIO Cheery Tone in New York New business picture for spot broadcasting brightened appreciably lest week with the campaigns under discussion? around the agencies in- dicating a much stronger entry of seasonal lines this spring and sum- mer then prevailed last year. One of the cheery notes was the surge of activity from Sweetheart Soap. It's buying news broadcasts oh a basis of three quarter-hours a week In all sections of the country. Franklin Bruck is the agency. Johnston Candy Co., of Chicago, is placing a campaign of 13 quarter- hour musical transcriptions on 14 stations. NBC. has the recording job. Spot Campaigns (New, Renewed, Regional) Frigldaire Blurbs Due -Chicago, Feb. 28. Lord & Thomas agency getting more. visits from the spot reps than the office has seen in many years due to the scheduling of announcements for Frigldaire. Cooler using some 45 spots coast- to-coast tied In with weather reports. Sensation elKareta (LoriUcrd) may take on. a crosscountry hookup for • show other than the one, 'Don't You Believe It,' that it has been bankrolling over Mutual, Don Lee and some 30 spot stations. In the case of states where a lOci cigaret Is not merchandisable the program's local break-in annoimcements would plug another IjOriUard brand. Lennen & Mitchell is the agency. Anto-Bad Supply Is sponsoring 'Champion Sparkers,' transcribed popular mtisic series of 13 Sunday evening 15-minute programs, WSAI, Clncy. Fitty-Hilrd Union Trnst Co., Cin- cinnati, on WKRC for 26 weeks with the 'Sun-up Jamboree' conducted by Merwyn Love^ Mondays through Saturdays, 7 to 7:30 a.m., has re- newed for one year. . Proeter A Gamble (Camay), started Feb. 27 on WKHC with new tran- scribed serial, 'Manhattan Mother,' for 52 weelcs, Mondays through Fri- days, 1 to 1:15 pjn. Through Pedlar & Ryan, Inc. Bodolph Worlltzer Co., through Schwimmer & Scott agency, Chicago, on WKHC March 1 for 13 weeks yi thrice-weekly 15-minute transcribed music programs. Loose-WIIes Biscuit taking daily news broadcasts on WTMJ, Milwau- kee, beginning March 13. Placed by Newell-Emett's New York office. ■ Transamerlean has arranged to have the. new Dr. Caldwell's Syrup of Pepsin series produced and re- corded at WLW, Cincinnati. Armstronc Cork Is renewing the Heart of Julia Blake' series for an- other 52 weeks, effective today (Wednesday). The list takes in 18 stations. This was the script show that B.BJD. & O, put on a commercial basis a year ago after testing it out as a Eustainer on some 20 stations. Haif-honr disc show has just been placed with WCAE, Pittsburgh, by Beatrice Creamery Co. through Lord & Thomas. Airs once weekly, On Friday evenings. ] B. J. Beynolds Co. (George Wash- ington tobacco) using 100-word an- nouncements, daily for 13 weeks, through WUUam Esty. KJB Gets Wheaties Seattle, Feb. 28. KJR got the baseball plum Sat (18) when Wheaties and Goodrich Tire jointly signed to use this sta- tion on all Pacific Coast league games of Seattle Rainiers home games and road. Outlet is readying a merchandis- ing campaign for these accounts when the ball season opens. . Borden HUk on KOMA, Oklahoma • City, for "Breakfast News of ' The • World' five days per week at 7:30 . a.m. Jimmy Todd handling. WOB, Cleveland, New BIc Vmtex Mfff. Co, two spots weekly. through .Humphrey Prentke, Cleve- land. . Manhattan Soap ' Co., three spots weekly, through FrankUn Bruck Co., New York. Standard Vltainln Corp. (Candl- cod), ;four spots weekly, through Peck Agency, New York. ' Personal Flnanee Co., five spots wee!::y, through Blackett, Sample & Hummert, New York. E. B. Mailer COb (chicory), three spots weekly, through Charles A. Ma- son & Assoc., Detroit. Cleveland Trust Co^ ' seven spots weekly (renewal), through Meldrum tt Fewsmlth, Cleveland. .Ironlied- Teast, one transcription weekly, through ' Ruthraufl & Ryan. Pfbffmaa Co. (noodles), six spot programs weekly, through Hubbell Ad. Agency, Cleveland. Honey Tar Congh Syrap, five daily spots, throxigh Foley Co., Chicago. Semtan, three one-half hour tran- sc:-iption, through Austin-Spector. . Chicago Engineering Inst, ten 15- minute transcription^ ' through United Broadcasters. Washington State Apples, ten spots Hoiuewife Stuff Clicks Chicago, Feb. 28. Fit2patrick Bros, has renewed Its two shows on WBBM here for , another full year. First is "Meet the Missus,' which are confabs . with the gals in the clubrooms of the city, and the other is 'Mis- sus Goes to- Market,' which is kibitzing with the gals in the stores. Evidently' It's', great stuff be- cause it's sold a lot of Kitchen Klenzer for the Fitzpatrlcks. ' weeldy for 26 weeks, through J. Walter Thompson. Tip-Top ' Beer, . six 15-minute pro- grams weekly over WCLE,' through Gordon 'Vlchek Agency, Cleveland. Socony 'Vaenam, 26 15-minute transcriptions over WHK, placed di- rect WEEI, Boston, New Bis UUIIiles Engineering Initltnto (correspondence course), Chicago. 15-min. live and transcribed pro- grams, once weekly. Through First United Broadcasters, Cliicago. Albany Carpet Cleaning Co., Bos- ton. Participations in E. B. Hideout weather service. Through Dickie- Raymond, Boston. 'H. S, Maoomber & Co., Boston (tires), tie-in announcements with U. S. Rubber Co. program. Direct Edward S. Qnirk Co., Watertown, Mass. (tires), tie-in announcements with U. S. Hubtier program. Direct . Ma£y-Morrla Desk . Company, Bos- ton ' (furniture), participations in Carolihe Cabot Sh()ppin^ Service. Direct. E. T. Slattery Co., Boston (wo- men's apparel), participations in (Caroline Cabot Shopping Service. Through J. Clifford Heilly Co., Bos- tori. Snnshlne Cnrtaln Co., Boston (cur- tains), announcements on Caroline Cabot Shopping- Service. Through Mina Lee Simon, Boston. Walter M. Hateb, -Inc. (oriental mi^rchandise), Boston. Announce- ments on Caroline ' Cabot Shopping Service. 'Direct Gordon, Mfg. Co., Framingbam, Mass. (apparel), announcements on Caroline Cabot Shopping Service. Through David Malkiel agency, Bos- ton. E FOR PAPERS, MAGS Bi|t Looks Like Broadcasting Should Get Automotive Nod in Autumn Unless New Crop of Labor Strife Breaks Out DAILIES' EDGE Detroit, Feb. 28. Majority of auto companies cur- rently are opening the purse strings for the biggest spring advertising splurge in many years, but meage? amount figures to roll into radio cof- fers, according to survey here. That is, exclusive of coin already set by Chrysler and Ford for the current network shows. Small portion of this spring's heavy outlay, designed to stimulate car sales when -lure of the rdad is greatest, will trickle into spot an- nouncements but vast majority will go into newspaper and' magazine copy. This will be due to several factors: First of all. It's too late in season to think alMut network or local shows, which require a buildup and fairly ' extensive run to . warrant in- itial outlay for talent etc. News- papers particularly, magazines sec- ondarily, are much easier to cancel out .when things may not be going so good. And auto makers are play- ing a cautious game nowadays. Metropolitan newspapers have been doing a pretty nifty job in the past year of selling auto-ad dis- pensers on idea that sheets have In past, and 'arcmudr better able in future, to reciprocate with a little, or lots, of free publicity and art This angle, in addition to radio's inflexibility, apparently has exerted its effects. .Labor' Angles Third angle is that current In- ternecine strife in United Auto Work- ers, may eventually work up Into lotta wildcat strikes when warfare comes to head at two UAW conven- tions in. Iklarch and employee fac- tions start sitting down on - each otner in plants. This latter- situation could very easily kill gobs of prospective sales for any number of companies, so latter are laying ad- vertising plans accordingly. However, radio prospects' for next fall look the brightest they have in about two years, from, an automo- tive standpoint, providing, of course, nothing intervenes to halt the for- ward march of auto sales started last fall. With N. Y.'s National Automobile Show in Grand Central Palace moved up to Oct IS, three weeks earlier than last year, and with auto companies certain to bring out 1940 models much earlier next fall to catch the tail-end of both world fairs, it's highly .probable that several car makers will re-enter the network show field again. Probable among these will be General Mo- tors and its' various divisions, es- pecially Chevrolet, Pontiac and Buick; also several of the inde- pendents, including Studebaker and Packard, as well as continuance of the Ford and Chrysler programs, although latter's type may be changed, - - ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ I Station Ideas ♦ ♦♦4»«4««»« 4 ♦♦♦ ♦ ♦ 'Selling America' Shreveport La., Feb. 28. 'Selling America to Americans' new series of two-a-week, fifteen minute shows starting on KWKH here, based on recent statement of Boake Carter, 'Why do so many of us in America try to sell the product of democracy to American citizens at large by continually howling hbout the- defects of all the alien isms that have the world in a state of super Jitters?' Program refreshes the memory on historical events affecting American civilization. Edward Murphey, of KWKH-KTBS production staff, In charge 'Advertiser s Pet Aversion May Del^t Millions,' State Rndirauif & Ryan Repeat Saleii Clinic Akron, O., Feb. 28. Sales Institute, which was set up by the Ohio Broadcasters As- sociation last year, will meet in Columbus April 1, Fred Bock, sales manager of WADC. Canton, suggested the Idea-exchange panel and Leon- ard Relnsch, general manager of 'WHIO, Dayton, and the OBA's prez, proposed that it get to- gether annually. Amos V Andy Shift To CBS Rumored; Easy Aces Growing as Opjiosition A rumor with credentials that Campbell iSoup Is contemplating moving Amos 'n' Andy from NBC to Columbia emanated over the past weekend from the west coast CBS' New York sales division stated yes- terday (Tuesday) that as far as it knew no such switch was in prqs- pect Angle going with the rumor is that the account would like to get A & A away from the. opposition of 'Easy Aces.' Understood Ward Wheelock agency some time ago discussed pos- sibili^ of adding 'Easy Aces' to' the payroll with the view of having the latter act follow A & A on the same hookup. If the reported shift takies place It will be the first time that Amos ' n' Ahdy 'Will have been away from NBC since the team went network over nine years ago. ADVERTISING AGENCY SPQIDS OWN MONEY Fort Worth, Feb. 28. Rowland Broiles' Advertising Agency of this city is using Sunday quarter hours on KGKO for only show of Its kind in this area. Pro- gram Is known as 'Rowland Broiles —The Ad Man.' Wax music interspersed with spiels about the agency and its facilities for handling any type of ad cam- paign. Walt Lochman Baseballing On KMBC for Gen. Mills Kansas City, Feb. 28. . Walt Lochman is new sportcaster at KMBC. Replaces Jack Starr. Announcer Is under contract to Knox-Reeves agency of Minneapolis which handles baseball for General Mills. Previous two seasons base- ball games have tieen aired over KXBY (now KITE) but switch this year Is to KMBC on the Missouri side arid to KCKN on the Kansas side. WCCO's 500-Seat And St Paul, Feb. 28. Pure Oil Co.'s-new half-hour show tonight (Tuesday) officially opens the northwest's first auditorium studio, a new wrinkle at WCCO. Seats nearly 500. Former top capac- ity of any WCCO studios was 75. Demand of sponsors on several of the station's larger shows made the new auditorium necessary. 'Don Winslow* Ducking Chicago, Feb. 28. Kellogg Is dropping its "Don Win- slow of the Navy' strip, off the NBC blue web on March 31. Show was placed through the Hays MacFarland agenc; locally, Iiikely that kid scrli^t will return to the etner in the autumn. Ruthraufl & Ryan has Incorporated ita philosophy of merchandising goods by radio In a pithily written and enlightening booklet tagged 'HumanI Handle with Care.' The work is marked by Its frank, realistic approach to the subject Booklet spoofs at advertisers who insist on measuring the entertain- ment value of a program. by their personal likes and dislikes. 'Unlike yourself (the advertiser),' states the booklet, '95% of American adults must think all day long of the time- clock or the dishpan. They may not have your anxieties, but they en- dure monotony, which has even greater effect upon desires when work is over for the day. They want release— escape into glamour, adven- ture, gaiety, tears, laughter— into a world ruled by emotions they enjoy, however superficial and meretricious those feelings may be— they are the elements that grip the movie-goer and tabloid reader who sits, at the receiver.' What may be the advertiser's pet aversion, continues the booklet, may be the 'delight of miiUohs of listeners who bolt their very food not to miss a single syllable of what seems to them the acme .of melody and wit,* Other excerpts on the same theme foUow: 'Remember always that you (the advertiser) are not the final judge — riot if you're in business for a profit You're only the fellow who is doing his best to make an 'understanding selection for the approval of a hun- dred thousand— or a million — or ten milliori— or more — ^people with a dead level of taste and sophistication which is bound to be below your own. 'Make no mistake about it . The worst adviser on earth— when It comes to radio shows— is often your most cultivated associate. ^adio knows no social 'register, no. ■right' or 'wrong' side of the rail-! road tracks, no distinctions of wealth nor position. It doesn't even stop to' inquire, 'Can you read?' Neither do foods, beverages, tobacco, soaps, household articles, nor any of - the, great mass-produced articles of American ' commerce.' Mntnal Prefers Station Contact; OldalMm W(!A|< Asked Contract Cfaiige Mutual doesn't like the Idea of shifting contractual obligations aa far as the Oklahoma Network is con- cemed.'_ Group t>ehlnd the latter re- gional wants the O. N. made the other party to the agreement, . but Mutual prefers to have KTOR, Oklahoma City, remain the lone re- sponsible contractee. Transfer is regarded as unneces- sary by Mutual. It would rather deal with the key station hi a re- gional group and let that source serve as the contact between the regional and the national network. Spadea, Rdter Merge Joe Spadea, who goes off the Ed- ward Petry staff today (Wednes- day),- is forming a sales rep part- nership with Virgil Reiter, former Transamerlean exec, who now has the Chicago representation of WCAU, Philadelphia. Spadea will establish an office in New York. Reiter will be the Chicago wing. Firm is tagged Reiter & Spadea. MacMurray Joins NBC Chicago,, Feb. 28.' Ted MacMurray of the Columbia production staff joins NBC here on March 1 as director and production man. ^ MacMurray will start on 'Vic and Sade' but will be handed other -dra- matic assignments within a few weekr. Jimmy Oercey on Fitch Band- wagon over NBC Studay, March Stb. 80 VARIETY RADIO "WkAneaAaji March 1, I939 WHITE'S C0UNTER-PR0P0SAI5 CARRY LONGER UCENSE, SLAFDOWN CHAIRMAN Maine Senator's Radio Law Would Differ Substan- tially from McNincb-Blessed Measure — 11-Man Commish with 'Public' Communications Separate Washington, Feb. 28. An alternative piaq to the Mc- Ninch bill for reorganizing FCC ad- ministrative machinery is before Congress this week. Second scheme by which much of the criticism could presumably be removed was offered by Senator Wallace E. 'Vhlte, Jr., Republican, of Maine, who co-au- thored the 1937 Radio Act and is re- puted to be best-informed lawmaker on broadcasting problems. In marked difference to the recipe written by Chairman Frank R. Mc- Ninch and sponsored by Rep. Clar- ence F. Lea of California and Sena- tor Burton K. Wheeler of Montana, the Democr'atic chairmen of the House and Senate interstate com- merce committees, -White suggests a set-up which would reduce the dan- ger of political dictation and .gov- ernmental domination, without sac- rificing protection of tlie public in- terest via Federal supervision and air-wave policing, i. Congressional approval of his ideas, in the view of communications industry observers, would assure all branches of sym- pathetic treatment at the hands of individuals best acquainted with the peculiarities of each. Would Derive Chairman Of Political Dominance The chief feature of the bill is the provision setting up tw . divisions of Ave men each, one dealing with ^uh- lic' and the other with 'private' com- munications, and stripping the chair- roan of the power to lay down policy and dominate Interpretation of the statute. Many other changes are suggested, none dealing with such policy questions as networks,' power, ownership, or programs. While refraining fro j policy re- vision, the Maine solon would make numerous clarifications in clauses that now perplex licensees and would standardize procedure in many regards. His bill rewrites the provisions dealing with political equality, takes cognizance of the -dilemma created by the no-censor- ship features and the responsibility for libel, and makes hearhigs man- datory on applications for permits to shift control and ownership. Longer License Implicit In White's Proposal Longer licenses would be an au- tomatic result of the White bill, while he still would afford the com- mish leeway in fixing terms. Mini- mum franchise period would be one year, instead of the present six- month base, although experimental ticlrets might bt of shorter dura- tion and the commish could hand out briefer certificates 'for other good cause.' Vital Changes in Legal Mechanics Is Provided ViU} changes are proposed in tl.e legal mechanics,, notably those per- taining to reheariiigs and court re- view. The bill prohibits appeals from either division to the whole commission— which was often em- ployed when the FCC was split Into three branches— and makes a request for rehearing operate as an auto- matic stay of any order or decision. Presently commish orders become effective unless positively postponed even if rehearing is sought. Longer time is aUowed for both rehearings and appeals— 30 days in place of 20 as now provided. Important procedural point that would be cleared up is whether courts can review .commish decisions on petition for permission to transfer licenses or controlling stock, Bill would make an appeal to the D. C. court possible In matters of this Ddture. Rewriting of the present clauses on the subject 0/ ' censoriship and po- litical neutrality is one Important ob- jective of the White bill Without upsetting the obligation to allow rl- . vals access to . microphones, the Maine solon clarifies these features by (1) limiting censorship power of Ilcenseholders, but at the same time (2) providing protection against libel suits ,and (3) requiring disclosure of sponsorship for t^lks on controverted political or public questions. Station executives could 'demand and receive a complete and accurate copy' of proposed scripts whenever apprehen- sive that speakers may use slander- ous or libelous language or other- wise endanger the station: Deletions would be automatic, subject to rules which the commish would be direct- ed to promulgate. No .station could 'censor, alter, or in anyway affect or control the political or partisan trend' 6f talks. Except for 'public officers' any. person -using a station for discussion of public and. political issues must previously make -a' written statement of the name or names of the person oc persons or organization upon whose Instance or behalf such broad- cast is to be made or conducted,' while formal announcement of this info must be made before and after the microphone appearance. In the case of 'public officers,' announce- ment must. state his identity, office and how he got his positioa Unused free-competition feature of the present- law would be deleted, paving the way for broadcasters to acquire their own wire lines.- White seeks to knock out section saying that no person engaged in broadcast- ing shall acquire an interest in a wire carrier where the effect would be to lessen competition or create a monopoly. Briggs Hoffman, St. Louis, On Texas Web's Board St. Louis, Feb. 28. Briggs A. Hoffman, local insurance man, has. been appointed to the Board of Directors of the Texas State Net- work. As Chairman of the Public Rela- tions Committee of the Insurance Board of St Louis Briggs originated a radio program series 'Captains in Peril' aired each Monday p.m. over KSD. More FCC Shmgles Washington, Feb. 28. Several more barristers admitted to practice before the Federal Com- munications Commission last week. Newcomers were as follows: Alex- ander M. Heron, Bynum K Hinton and William L. Owen, Washington, D. C; Beverly C. Briley, Nashville, Tenn.; Louis F. Carroll, New York; Henry J. Schintz, Ctiicago, and John G. TuUoch, Ogdensburg, N.. Y. N.A.B. Statement Washington, Feb. 28. ' N. A. B. board took cognizance .today (Tuesday) of the radio leg- islation pending before Congress with the issuance of a statement Latter Indulged more in general- ities than in direct criticisms or suggestions, but it did indicate that the N. A. B. board preferred the measure of Senator Wallace White -to the revised FCC setup as provided for in Senator Bur- ton K. Wheeler's bill. Chairman Frank McNinch cp- authored the latter work. Jettabee Hopldiis, After 10 Years in Nebraska, Waxiog Her Show in N.Y. Omaha, Feb. 28. Jettabee Ann Hopkins, author and lead. of WOW serial. The Jangles,' will start recording her program in New York April 1 tor about 10 sta- tions in behalf of the J. C. Penney Ca She will assemble a new cast and retitle the show. Miss Hopkins' move to N. Y. came after 10 years of radio work in Nebraska. Series bad 26-week test run here locally for Penney, with the account gradually expanding it to other stations via transcriptions. Pedlar & Ryan has the business. Haley May Go Off Jack Haley's Wonder Bread pro- gram's continuance after April Is uncertain. Benton & Bowles agency mean- time is experimenting with a guest star policy in an effort to hypo the C.A3. rating. Bye-Bye for Hal Wolf Seattle, Feb. 28. Hal WoU; for eight years chief announcer for KOMO'-KJR and more recently head of special events of the two stations, was' given -big send- off before the mike -on his permanent departure .for NBC spot In San Fran- cisco. Special 15-minute program In his honor by Dick Keplinger. his suc- cessor. Iirade Stuff-Radio Myrtle . WUllams, head of the transcription department of WHO, Des Moines, Is a sure enough Nor- wegian heiress — she just received $3.76 from the estate of a Norwegian ancestor — after all the counsel fees, taxes, etc. had been deducted. She bought a bracelet with the money— on which she had engraved 'skoV West Texas Syndicate Loses by 4-3 On Rehearing Bid; McNinch Dissents Washington, Feb. 28. Rehearing was denied last week in the stormy west Texas case, which for the better part of two years has been a severe political headache for the FCC because of the interest taken by numerous Demo- cratic potentates, including members of Congress and influential New Deal' executives. Commish reaffirmed its finding that the Wichita Broad- casting Co., originally launched by the father of 'ex-Congressman Wil- liam D. McFarlane, is best qualified 'of three contenders and that other Outlets will not be adversely af- fected. . Reciting several of its original findings last June, the FCC by a 4 to 3 split, rejected petitions of West Texas Broadcasting Co., syndicate of Wichita' Falls businessmen, and of WTMJ, Milwaukee. Former crew claimed the evidence did not justi^ many of the findings, while the Mil- waukee Journal protested its appli- cation for higher power might be jeopardized by the grant because of technical considerations. Widespread Interest has been aroused by the wrangling, chiefly because the Commish originally granted permission for Amon G. Carter, potent publisher and poli- tician, to move KGKO from Wichita Falls to Fort Worth because the for- mer town could not support a local transmitter. Within a surprisingly short time, however, the regulators somersaulted and, in granting the Wichita Broadcasting Co. plea, said there is ample need and promise of revenue to justify flUing tlie hole left when KGKO was uprooted. Politics filled the subsequent pro- ceedings. Despite denials that he was interested, McFarlane was re- vealed to have urged the Commish to favor the application filed by the concern conceived by his dad and later sold to the present owners. Documents in FCC files showed that the elder McFarlane stepped out of the picture just prior to the hearing.^ Intervention of other members of the Texas delegation In. Congress-' w^'s solicited by rival parties. Dissenters— who wanted to give the losers another chance — were Chahman Frank R. McNinch and Commissioners Eugene O. Sykes and Thad H. Brown. Orson Welles is using a novel techniqu* In arranging and staging Friday night radio programs In New York since he left town with the Theatre Guild-Mercury's "Five Kings.' Outfit Is currently In Boston where it opened Monday (27) but went to the Hub last week for final rehearsals, Wella coming to tiie studio by plane on the day of the broadcast Drama of the week is rehearsed In his absence and then recorded. When reaching the studio, Welles listens to the record and then decides what part he will play. Stated that the young actor-director does not select fat ports. That has made quite a hit among the legiters In his supporting company. 'Kings' is slated to play out of to^vn for some weeks and similar preparation of the programs will be followed. Mercury Theatre group, headed by Welles and John Houseman, failed with 'Danton's Death' early this season and sub-leased their theatre, the former Comedy, on 41st street In making, the radio deal with Campbell Soups, Welles is credited with assigning most of the air coin to Mercury, to recoup the losses, group planning to' go on Its own again late this season or next. Robbins Music Corp. and Ferde Grofe, publisher and composer of the 'Grand Canyon Suite,' have been splitting $125 a week for the commercial radio usage of the 'On the Trail' movement on the Philip Morris radio program. Of this, the major NBC program fetches $100 weekly and $25 is from the MBS dramatic sketchy which likewise uses that strain. When Robbins demanded $25 weekly royalty from the Easy Aces for Louis Alter's 'Manhattan Serenade' strain, long Identified with that script show, the sponsors balked and substituted another theme. Similarly, CBS* Sunday night sustainer, 'This Is New York,' utilizes themes from Grofe's 'Metropolis' and Alfred Newman's 'Street Scene' by special understanding with conductor Leith Stevens that as soon as the diow is sold the music must bring a specific fee,- being a grand' right; while the show Is sustaining permission Is granted. Rev. E.' Howard Cadle, 'personal' pastor of more than 300 churches located in- the mountains and remote spots of 10 states, from Florida to Ohio, will celebrate the fifth anniversary of his series of Sunday 12 to 12:30 p.m. sermons on WLW March 6. Termed the 'radio minister' and claimed ' to have the world's largest church congregation, the Rev. Cadle is a prosperous business man. His interests include farming, fruit growing and real estate. He originaites hit air talks in the Cadle tabernacle, Indianapolis, and has contributed receiv- ing sets and furnishings for th^ churches whose people hear his messages weekly. Last year, It Is said, the expense exceeded $100,000, most of which he financed Appearance of Ignace Paderewski on RCA's 'Magic Key' hour last Sun- day (26) involves an unusual bookkeeping arrangement when It comes to compensation, i Hie date was regarded In large measure as an exploita- tion stunt for the master's concert tour of the United States so that the payoff for the broadcast wUl be a percenage of the NBC Artists Service's overall commission from the tour. The NBC Artists Service, which is managing the tour and is part of the RCA group underwriting tiie Sunday series, will likewise be charged with an appreciable share of the particular program's hookup. George Fischer, KHJ-Mutual commentator, kicK^d up quite a fuss when he attempted to sneak a broadcast of Academy whmers in Los Angeles last week. C^usht hot-handed In the light booth above Etiltmore Bowl, Fischer got away. with about 10 minutes of the proceedings before he was nabbed and plugged out Now Aciademy Is talking to lawyers to see if there are any grounds' for legaraction. For years networks have tried to tie .up the banquet without success. KNX attempted to pull a sneak last year but gave It up as si bad' job after a brief flurry. Some tallc that next year rights will be sold lor sponsorship with the coin turned over to Motion Picture Relief Fund. The New York home office of one of the major networks has a mystery man. He's been there three years without any convincing, explanation of why. Originally he was supposed to be doing a learned thesis on radio's place In the status quo, but, after years of hanging around, as far as any- body knows, none of his stuff was used by the network at the recent mo- nopoly 'hearings! He sefems to know everybody, but nobody knows any- thing about him. Apparently he's on the company payroll and he has ths run of the ship. Curiosity is slowly devouring the staff. When queried for personal info, the mystery man is as evasive, as a"banKer. Ken Fickett, who is now doing production for William Esty St Co., has yet to receive any trade recognition, excepting this Instance, for' his part in the program, 'March of Minnesota,' which won B. B. D. & O. an ad- vertising award a couple weeks ago. Fickett put the show on WCCO, Minneapolis; and stayed on the spot with It for 30 weeks. 'When the series folded his job did likewise. No nod of 'glad-we-did-lt' or similar pleasantry has been extended his way by the agency which was designated as being responsible for the 'b^t produced program of the year.' Fowel Crosley's holdings in Crosley Corp. were pared by Christmas gifts to undisclosed recipients, according to report published last week by Securities & Exchange Corp. Wife Gwendolyn, who died Sunday (26) in Sarasota, Fla., also played Santa Claus with some of her holdings. Head of the Cincy concern gave away 063 shares of common in December, cut- ting his poke to 150,406. Late Mrs. Crosley, who owned 10% of the cor- poration, unwrapped 1,158 shares, hanging on to 128,374. B. B. D. & O. no like the idea of Andre Kostelanetz's press agents send- ing out releases about the guest artist setup of the Ethyl show (CBS). Main point of the objection is the phrasing of these releases. They stats that 'Andre Kostelanetz's guest artists will be . . .' Program also stars Walter O'Keefe, and the agency not only thinks the self-spotlighting out of order but it prefers to do its own announcing and thereby maintain I>eace within the program's ranks. Contract which WOR, Newark, signatured with the American Federa- tion of Radio Actors contains the saine scale and conditions Which apply to WABC, WJZ and WEAF, the CBS and NBC keys. In all cases the net- work code psevails but with the imderstanding that if any modifications are made for one all will benefit Only exceptions to the network struc- ture as far OS prices are concerned Involve participating and flve-minuts programs. Lou Ruppel, new p.a. for CBS, was taken gently over the 'accuracy* hurdle by his contemporary at NBC, Clay Morgan, on a claim to the first remote from Albania. Morgan's letter to Ruppel cited that the NBC Red network carried a broadcast of folk music direct from Tirana at 11:30 a.m, Nov. 27, 1937.. A nasty-minded >i!f?nkst6r made things unpleasant for WKRC, Cincin- nati, staff members last week. -Worst stimt was shocking wife of Al Bland, announcer, by telephone message that he had been killed in an auto acci- dent and then ordering two hearses to the Bland residence. February Issue of the Journal of AppUed Psychology, hlghbr6w period- ical, Is entirely devoted to radio. . Wednesday, March 1, 1939 VARIETY tl "I hdvttnt «»0n d movio in 3 yeors . , . I've nevor mcI a Ixift seller , . . I*ve never teen « ploy . . * f ve never teen Howard syndicated column un- der the heading 'Radio in Dan- ger' last week, characterized th« pending McNinch-Wheeler FCC reorganization measure as: 'A bill to get rid of Commis- sioners George Henry Payne and T. A. M. Cravea' against another Federal unit. There's that much sloppiness. Chief questions which Murphy's advisory group will seek to answer include (1) to whst extent the courts should have power to review the actions of the regulatory boards, (2) possibility of adopting uniform pro- cedure for all the quasi-ludicial out- fits, (3) providing safeguards which will minimize the merging of judge- jury-prosecutor functions, and (4) cooperation between enforcement units. Increases Costs The study is almost certain to re- sult in airing of lawyers' complaints against the new FCC procedure adopted last November as conse- DERICK WULFF ...these things foo, we think are part of the story of WLW ITednesday, March 1, 1939 quence of the abolition of the exam- ining department Possibility that broadcasters will benefit, since the present routine materially increases costs of pressing applications besides making the outcome more ccrjec- tural. Among the principal squawks of FCC practitioners are the failure of Commish lawyers to come out Into the open— they never file any exceptions or take part in oral argu- ments; they prepare the digests of evidence for members supposed to study the record; they guide and ad- vise in the reaching of decistona after having taken part in the or- iginal evidence-taking maneuvers. The present FCC system is notably different from that of similar outfits which perform work of the same kind, especially the Interstate Com- merce, Securities 8c Exchange, and Federal Trade Commissions, where there is a clear differentiation be- tween the examiners and the law- yers who present evidence at hear- ings and investigations. President Roosevelt stamped ap- proval on Murphy's suggestion for a review of this matter. Hoped the survey will remave weaknesses and point the way for material improve- ments. Committee consists of Assistant Attorney General James W. Morris, head of the D. J. tax division; As- sistant Attorney General Carl Mc- Farland, head of the D. J. lands division; Golden W. Bell, Assistant aollcitor General; Chief Justice D. Lawrence Groner of the D. C. Court of Appeals; Arthur T. Vanderbllt, past president American Bar Asso- ciation; and. Dean Acheson, former Undersecretary of the Treasury, WBIG Tower Blown From 20-Stor7 Perch Charlotte, N. C, Feb. 28. Extraordinary speed by engineers hai^tsdio station WBIG, Greensboro, operating with unimpaired strength within an hour's time after violent wind squall crumpled the station's 160-foot steel tower atop 20-st6ry building, Tower crumpled, falling across the top of the building with. Its top sec- tion whipping down the north wall and breaking several windows. A cleric 'was cut by flying glass but not seriously hurt. Benchley Trek Delayed Robert Benchley show on CBS originally, skedded to ahifi to the Coast following the airing of March 19, will hold in New York untU March 26. Broadcast there will be from stu- dios on Warner Brothers' Sunset lot, according to present plans. PBEVIEWina THOSE UDS Nancy Turner of WMCA, New York, did a stunt Monday in connec- tion with her women's program. Had a jury of 12 men with Actor Eddie Albert as foreman looking over the spring hats for the ladies. Episode took place at the Park Lane hotel, N.Y, KWKH's Leeal Baseball Shreveport, La,, Feb. 28, Station KWKH wlU air all Texas League games of the Shreveport baseball club during the forthcoming season. Jerry Bozeman will handle. A January, 1939, listener interest survey revealed that WWJ led the other three network stations in Detroit by Such leadership merits the most carefm consid- eration of advertisers in the Detroit market. mulj Own«f and Operattd by J Tht Detroit Ntw$ KtprMmttd NtKontHy. by Gee. P. Helllngbery Co. N«w Yo>l; Clikiga: Dtfroilt Ktntu City: Stn Frtnchco: AthnU Wednesday, MarcB 1, 1939 VARIETY AND HIS HAL KEMP ORCHESTRA Beat All Opening Day Band Records at the Paramount, New York (Feb. 22nd) with $13,000-0ff to a First Week's Gross of $53,000 . . . . Hal IfLemp (left) is congratulated by Robert Weitman, Managing Directoi; of the New York Paramount, after establishing a new record * Concluded a series of record-break- ing engagements — Drake Hotel, Chi- cago, broke all records. At the Palace Theatre, Columbus, broke all dance band records. At National Tobacco Festival, South Boston, Virginia, played to 10,000 people in one night! Returning to the Air this Spring for a Second Season with "TIME TO SHINE" for the GRIFFIN MANUFACTURING COMPANY. Produced by BERMINGHAM, CASTLEMAN & PIERCE, Inc. HAL KEMP And His ORCHESTRA Featuring JIDY STARR • BOB ALLEN • SAXIE DOWELL • JACK LeMAIRE • MICKEY BLOOM • EDDIE KUSBY OPENING MARCH 29 EMPIRE ROOM THE WALDORF-ASTORIA NEW YORK Paramounf, New York February 22, thru March 7 Shubert Theatre, Newaric - - - Week of March 8 Fox Theatre, Philadelphia Week of March 1 7 RECORDING EXCLUSIVELY FOR RCA-VICTOR Personal Management - - ALEX HOLDEN, RKO BIdg., Radio City, New York Direction - - Music Corporation of America S4 'VABIETY'S' U>NDON OCTICB S St, Hsrtln'a Haea, Trmfalcnr Bqnar* INTERNATIONAL RADIO fhble AddfMi TABIETf, MNDOU Telcphom TtnpU Bar BOIl-SMS Three U. S.-Owned Oudets Broadcast Under American Law in Shanghai; Chinese City Has 40 Radio Stations Shanghai, Feb. 3. Offhand, about the worst place in the world to own a commercial radio station would seem to be Shanghai, China. This great com' mercial city, with a poimlatioh of 3,500,000, has nearly 40 radio stations competing for an estimated 250,000 radio sets. It has, in fact, more radio stations than any other city in the world— and that includes Ha- vana, Cuba, which has over 30. When the Chinese were in control of Shanghai, they ordered the stations to gfve 20 minutes out of every hour to the government for 'education' and propaganda, plus the period TO COVER GREAT KilTAIN TOU HC8T CSE RADIO NORMANDY Fall Parilrolan of Air Time and Talent from ' International Broadcasting . Company, Ltd. 37, Portland Pla'ee, London, W.I. Ezolulve European Ascnta: CANADIAN BBOADOASTDia COBF. from 8 to 9 p.m. for rebroadcast of government programs from Nan- king. Now the Japanese are more or less in control, and the station owners are still on the same old hot seat from another direction. However, Shanghai is a pretty good place to own a station if the control rests in American (or other foreign) hands. Right now there are three American-owned stations in the city, plus one French-owned outlet. This quartet doesn't have to live up to the local government radio regulations, The American fraternity operates under- the laws of the District of Columbia (but not under FCC statute). What this comes down to, is that the Amer- ican-owned group does just about what it pleases, so long as it doesn't run afoul of decency considerations or libel laws. One of 'the stations — XMHC, owned jointly by the- Over- seas Broadcasting Co. and the Post Mercury Newspapers (U. S. firms) — broadcasts uncolored news without fear of any recriminations, for Amer- ican law guarantees freedom of speech and press. Furthermore. t,he American out- lets have snappier power than their Chinese contemporaries. Some of the latter operate on such small wattage that they can't be heard outside a 10-mile radius. While this How to describe a Champion in 77 words nt CHJUiPIOR: KMOX,St.Loia9 LISTENEBS: Crossley, Inc. and Irwin & Irwin coincidental studies prove that KM OX enjoys more listeners than the five other St Lonif. stations combined. MTEBTISERS: EMOX carries 42.3% more local and national spot business than the other two network stations combined. DEftLEBS: Typical conunent of typical retailer (J. T Westfall^ Executive Secretary of Missouri Retail Grocers' Association) : "KMOX has the wholehearted ' and enthusiastic support and cooperation of grocers both in St. Louis and in the surrounding trading area." KMOX - a 50,000 Watt Columbia Network originating station . . . with the kind of local service that makes "The Voice of St. Louis" an exact description of the station! 50,000 WATTS A CBS STATION peep-squeak wattage today isn't as big a drawback for the Chinese as it used to be (isolation of Shanghai makes coverage outside the city of less value than before the war), the Chmese still are a long way from delivering satisfactory signals. Translated into hard cold dollars, all this means the following for XMHC (cited here as an example of an American-owned outlet): Sevens-two clients, many of them agents or outlets for American firms seeking a Chinese market. Among this list would be Ford, Buick, Ca- dillac, Wrigley, KUm Milk, Carna- tion MUk, Philco, Zenith, WesUng- hous^ Frigidalre, Lifebuoy, Camay, etc. XMHC has a base rate (eve- ning half hour) of $250. That's in Chinese bucks, which are worth about ,17c U. S. money. Emphasizes News As just about everywhere else in the world, music is the biggest pro- gramming ingredient in Shanghai. XMHC, however. Is somewhat dif- ferent froin the other stations in harping strongest on news because of its newspaper ownership, and its ability to broadcast uncensored stuff. At that, music consumes more hours, howevw. Programs gener- ally are split because Chinese dialects (Mandarin and Cantonese) and foreign languages. Also plenty of remotes from the niteries and ballrooms. Not to forget; so far as the U. S. stations are concerned, that inevitable tSrogramming. feature: puffing industry. XMHC right now is running a series of 32 sketches called 'Stories of American Indus- try' (supplied by the U. S. Depart- ment of Commerce). Also heavily in use are recordings and transcriptions, due to lack of much local talent except in the niteries. Cofin Scrimgeoor Arrives Mar. 21 from New Zealamt Auckland. N. Z, Feb. 7. Colin G. Scrimgeour. controller of New Zealand's commercial broad- casting system, will arrive in San Francisco March 21 for a look-see at American broadcasting methods and programs. Scrimgeour has been the operating' head. of the network since its inception in 1937. Government owns and operates both the non-commercialj and the commercial . networks. With the entry of the latter Installation of sets jumped to point wh^ they are now to be found in 75% of the Domin- ion's homes. Succ^ of the com- mercial setup is largely credited t<» the introduction Of such American programs as "Easy AcesT and "The House of Peter McGregor.' Iiast checkup gave the commercial link 71.3% of the total listeners. Owned and operated by Columbia Broadcasting System. Repr«- ■ented by Radio Sales: New York, Chicago, Detroit, St. fnonis, Gin* cionaUt Milwankee, Charlotte, N. C Los Angeles, Swf Francisc* OPEN HONOLULU OFFICE Georg* B. Richardson and Sen Carney Frisco Appefaited Honolulu. Feb. 28. Joint offices have been opened here by Bowman, Hoist,- Macfarlane, Richardson, Ltd., advertising agency and Pan-Pacific Press. Fan-Faciflc Press has been affiliated with B. H. M. R. for two years and both are affiliated with the Bowman, Deute, Cummings, Inc., agency, whose head- quarters are in San Francisco. George B. Richardson, who was formerly vice-prexy of the San Francisco firm, is now secretary of the Honolulu organization. In charge of radio production is Kenneth B. Carney, former NBC program direc- tor in San Francisco. QUEBEC INDIES PASS AROUND SHOW IDEAS Montreal, Feb. 28. Pre-tested radio programs will be offered to members of the recentiy formed Association of Private Radio Stations of the Province of Quebec as, a means of improving program service to communities. Members of the APRS will report to the execu- tive on all programs which click In their respective communities so that same shows can be used by all member stations. Latest development is in line with a broad institutional exploitation campaign launched by the associa- tion for the purpose of making the public conscious of community serv- ices rendered by . privately owned stations. APRS is also reported .working closely in cooperation with the Ca- nadian Association of Broadcasters toward a solution of problems whidi are currently affecting mend>ers of the national as well as the provincial association. - AlUiough the APRS of Quebec dif- fers from the P-anpriian Associatimi of Broadcasters in.that stations affil- iated with the government networiE are ineligible for membership, pro-, vincial association execs report that they are working with the national l>ody of broadcasters I>ecause of identity of interests. MEXICAN STATIONS PROD SENATE OKAY Mexico City, Feb. 28. Mexico will avoid plenty grief and advance her radio biz at home and abroad if ishe falls, in line pronto with air covenants that were made by North American countries at Ha- vana and Elsewhere in the recent past, the Association of Mexican Radio Stations Operators told the senate in urging that it reconsider its recent action in passing up ratifi- cation of these pacts. The association argues that ratifi- cation of these pacts is not only a patriotic duty of Mexico, but it will eliminate misunderstandings, with regard to radio, with the U.S. and other countries. BBC Condescends To Debate Own Perf eclioi London, Feb. 20. Going hotfoot for listener criticism of another aspect of its programs, BBC invited direct comment on talk given Sunday (19) aimed at ventilating standardized 'Wng^*''^ speech as practised by Its an- nouncers. All staff speakers on corporation's roster are required to use set pronunciation of words with alternative renderings, as indicated in list drawn up by, special com- mittee on spoken English, of which Prof. A. Lloyd James is chairman and George Bernard Shaw a mem- ber. In this broadcast, Prof. James will debate in favor of standardized lan- 'guage with T. Thompson, an au- thority on dialect and local speech, who will argue the reverse - case. Listeners are then .invited to cast a vote by means of ballot form printed in BBC's official lurogram publication, 'Radio Times.' BBC Gets a Hint Of What Blurbing Would Accomplish London, Feb. 21. Radio comicker Arthur Askey Iq his 'Band Waggon' act has a gag about an (maginary chemical prod- uct called 'Askeytoff,' which he al- leges is capable of cleaning - any- thing. Idea is a crack at BBC's bar against mentioning names of ad- vertised goods on the air, so when he dragged in this fake product in his last broadcast he carefully explained, 'I mnstii't tell you what it is, because that would be advertising.' Promptly next morning, big Lon- don drug store reported to BBC it had received an order for a dozen botUes of 'AskeytoR,' and could Corp. tell them what it wast It Speaks Their Language CKAC MONTREAL • It takes three radio theatres to acxxjmmodote cdl. the enthusiastic Montrealers who care to see CKAC's live shows each weeL • This popularity is easily ex- plained: 1. Three-quarters of Montreal spedk French. 2. CKAC speaks French. Canada's Busiest Station HUaHES, EX-BBC, ON WTHJ Milwaukee, Feb. 28. John William Hughes, former member of the British Broadcasting staff, is pinch-hittlng at WTMJ for Nancy Grey, during her sojourn at Sua Valley, Idaho. Until recently Hughes was an am- bulance driver and newscaster in the Spanish war zones. On WTMJ he is describing some of his adven- tures and presenting the Britisher's impressions of America. International Chemical Co.'s new bookings on Radio Normandy for Limestone Phosphate and Lavona inakes their total time from this sta- tion two hours weekly. Their other products thus advertised are Bis- mag, Freezone, Anne French Cleans- ing Cream, Pineate Honey Cough Syrup. C. Mitchell Si Co. acted as agents for the new contract with IBC. WELCOME, WELCOME LEWS!' > ... says the audience ihor Ibtens to her J SINGING BEE every Wednesday night _J«I from 8:00 fo 8:30... Here's a show that ~7\/y' ho* everything: music, comedy, quizzes, prizes. More than thot, it has the show- manship of Welcome lewis. Some smart adver- hser will want this program. Write W H N today.' WHNl DIAL 1010 Wednesday, March 1, 1939- RADIO VARIETY 35 CANADIAN PROBE E IT Parliamentary Radio Com- inittee Whitewashed Got- emment Radio Network Last Year — ^Whole Issue Now Politically Embar- rassing ANGLES Montreal, Feb. 28. Parliament is all set to start in- vestigating radio this week (27) but the Hadio Committee this year has Indicated that proceedings may ftir- nlsh a decided contrast to the basty whitewash of CBC policies which ■was jestingly referred to as an in- vestigation last year. Private broad- casters as well as other individuals who have complaints to make about the Canadian Broadcasting Corp. will be given a hearing at Ottawa during the next week or two, accord- ing to C. D. Howe, Minister of Transport. Canadian radio is no longer a tech nical or amusement problem. Basic principles are now involved and con- troversy has resolved into an attack upon the Canadian Broadcasting Corp. and the Liberty party by pow- erful publishers, charging the Gov emment with attempts to muzzle free speech. Policy of the CBC in hamstringing private stations and refusing to sell George McCiiUagh, publisher of the Toronto Globe and Mail a CBC net- work, has en^arrassed Prime Min- ister Mackenzie King politically. And unless CBC policies are modified, es- pecially with regard to private sta- tions in the province of Quebec, some of Premier King's most influen- tial friends will be even further alienated. With Federal elections due in the near future it is conceivable that the Government may consider modifica- tion of the stranglehold which the CBC has on private broadcasting. In the province of Quebec the CBC has incurred the displeasure of such radio station-owning publishers as Hon. p. B. du Tremblay. and Hon. Jacob Nicol, staunch supporters of the Liberal party, who are both grieved and somewhat astonished that an administration which they helped into power should hamper the free operation of their radio sta- tions, when a former Conservative administration was less restrictive of their freedom. Tremblay controls La Presse (250,000) and La Patrie (75,000), two local dailies, and Sta- tions CKAC and (JHLP. Nicol owns several newspapers and radio sta- tions throughout the province. , Domineering Aside from the political implica- tions in this province the domineer- ing methods of the CBC have been hotly resented in other parts of the country, both by broadcasters and publishers. And all attempts of Transport Minister C. D. Howe to disclaim Government responsibility for a Government agency will scarcely be credited. It is significant that the hulabaloo about American radio programs com- ing over Canadian airwaves, out of which viewers-with-alarm tried to make a .national issue last year, has been completely forgotten. In the investigations starting in the House of Commons &t Ottawa Tuesday (28) prominence will most likely be given to the refusal of the CBC to permit use of the Government net- work by McCullagh. Publisher McCuUagh circumvented the CBC ban by making transcrip- tions of his speech for use on out-of- town stations. The Radio Commis- sion, if approving the CBC ruling, may recommend legislation making such evasion by transcription methods illegal for the future. L. W. Brockington, chairman of the board of governors; Gladstone Murray, general manager, and other executives of the Canadian Broad- casting Corp. are scheduled to meet here around March 20. Understand- ing is that independent broadcasters from various parts of Canada will be given a chance to air grievances anent CBC restrictions which have deprived privately owned stations of major sources of revenue and pro- grams. Reports here indicate that the As- sociation of Private Radio Stations of the Province of Quebec may be represented by counsel before the CBC heads. Name of Aime (^oflrion, K. C, one of the most prominent at- torneys in Canada, with a rep as a brilliant pleader before the Privy Council in England, has been men- tioned in this connection. Among the most important issues to be taken up by M GeofTrion, in- volving French language stations in this province primarily, will be the matter of leasing telephone Unes to privately owned stations for network broadcasting purposes, it is under- stood. Canadian Broadcasting Corp. consistently refuses private stations use of telephone lines for hookup purposes when the CBC network in this province was being overlooked by sponsors in favor of the selected stations with their far greater lis- tener audience. In refusing lines to the private stations the government has virtual- ly forced sponsors to take CBC net- work here or stay oft network broadcasts. Radio Character So Popular in England Newspaper and Fiction Adopt Him I^ndon, Feb. 21. Likely to go down to posterity among the immortals of drama and literature is BBC character, 'Mr. Walker,' now rating as most popular act in variety programs. Brainchild of scripter Ernest Dudley, character is a wandering junk merchant who highspots weekly 'Band Wagon" pro- grams by narrating real life conun- drums he has run against, posing them to listeners who are invited to mail their solutions, which they do in thousands each week. 'Mr. Walker' is played by Syd Walker in a fruity Cockney voice, rich in personality and picturesque slang, and BBC variety department is trying to devise how to retain the character when 'Band Wagon', folds for keeps in March. But meantime, Star, London evening newspaper, has signed author Dudley for weekly series of further adventures, and latter has also authored a first novel written aroimd 'Mr. Walker.' Zenith of fame is that character is also being introduced into deathless series of novelettes written around famous Sexton Blake, Detective, idea coming to Dudley after he had scripted a radio serial on the adven- tures of the fictional gumshoe hero. Job wiU be done in collab with Berkeley Gray. BLACK HOSSE ALE RECASTS Montreal, Feb. 28. Frank Baker and Eleanor Bowers, vocalists, are replacing Russ Titus and Jean Mundy on 'Tonight at Eight* (Black Horse Ale). Baker has film experience. Richard Mnrdoeh, BBC comicker, successfully sued for divorce from his appendix. miTHOUWFOOTLIGHTS • KLZ has the men, methods and machin- ery that produce the kind of drama preferred by advertisers ... the drama of cash regis- ters tinging ... the drama of buyers buying.. The record of the dranutic pitch to which KLZ facilities and performers are tuned is written in KLZ's files for 1938. A national food product sponsor writes: "(5ur business has shown a steady increase in Denver since we have been using KLZ." A local packer says: "Our 1938 sales are 8% over 1937. Since we ve spending 75% of our appropriation on KLZ we shall give you credit for 75% of this increase." A Denver furniture dealer sends in his renewal contract for the third consecutive year and comments : "Our liiban and niral business has held up remarkably well this year which we believe is directly due to our KLZ advertbing." KL2^ too, has a market that inspires such nMrchaadising draoaa ... a market that com- prises 78% of the entire population of Colo- rado ... a listening audience that embraces 80% of this thickly populated "business side" of the sute. KLZ mvet CBS AFFILIATE — 560 KILOCYCLES ArriLlATED IM MANAGEMENT WITH THE OKLAHOMA PUBlISHtNO COMFANT AND WIY. OKIAHOMA C I T Y - B E P II E S E N T E D BY THE KAIZ AGENCY, INC. METROPOLITAN STATION COSMOPOLITAN AUDIENCE 36 VARIETY RADIO Wednesday, March 1, I939 Anzac Performmg Rights Soc. m 3-Way Tiff Over Licensing Canberra, Feb. 8. • The Australian Performing Rights Association is engaged in a three-way controversy with the commercial and national broadcasting units and the federal authorities over the framing of a new licensing agreement. Post- master General Cameron, who is also controller of radio, has meanwhile arranged to have the contract be- tween the APRA and the Australian Broadcasting Commission, which op- erates the non-commercial stations, extended until such time that all three groups can get together for the discussion of a solution.' m lUT THt RHAPSODY IN BLU PAUL WHITEMAN and hit ALL-AMERICAN BAND Sma$hed AU Records at Fori Wayne, ind. Thouiand* packed the Para- mount, Fort Wayne, Fab. 18th, 19th, 20th.. Management booked band for aingla day repeat, Feb. 23rd. Results: ALL RECORDS SMASHED. BROADCtSTINO FOB CHESTERFIELD Wediwtdar*, <:3« to tm, EST -Booked EzdwlTelr ■ ArtiaU Managementf Inc. 17 East 46th Street NEW YORK, N. Y. (»l«phoBa mTirar HOI Z-18M F. C. C's WASHINGTON DOCKET ^ ♦♦♦♦♦♦♦♦t»»««»f« «♦♦♦#♦»«»♦«♦♦♦♦««♦♦■»»<♦♦♦♦«»»*♦*♦»»»*»«♦♦»»♦♦♦♦♦*♦ ♦>»♦♦♦ MAJOR DECISIONS JOHN BLAIR i-CO. lOOO NIGHT NBC JOSEPH RINES and Hia Orohestra HARRY RICHMAN'S ROAD TO MANDALAY WU.UAH H0RKI8 AGEMCV WnshlnEtnn, Feb. S8. IlaumrliOMtdi: N'lx (or 'Wr'OP, IlOHtun, on Its eflorts to awltcli from rcRlonal treoqciuy of 1120 ki'. to clear channel (1130 kc.) now uacd b,v KSI,. .Salt I.alio Clt>'. Boaton corporation la onncd by Arile Bulova, Netr fork, watchmaker, who holds a, 000 out oC the COOO sharea or com- mon stock. Harold A. Latount. (ormor chairman o( the old Federal Radio Uommlsh. has l.ICO shares. 600 shares bolonic to the estate o( Joseph KIrby and renialnlni; CO tickets are held by Oeoree Cohen. Of 600 shares of preferred stock — with par value of 1100 per share — Bulova has 416 -and La- tount 84 shares. Applicant, In January, 1937, listed total assets of )69,T87 and liabilities, exclusive of outstanding stock, of 14,637. Ben S. Fisher represented -applicant. ' Ohio; Petslateht efforts of a food terminal market to con- struct a transmitter at Cleveland acaln upset by the Com- mlsh, although only thrca - Commissioners ' voted to dony ap- plicant's petition- for rohearlne. Chairman *JIcWlnch and Commissioner Payne did not partlrlpato; Commissioners Brown and Walker dissented, and Commissioners Craven, Case and Sykes niotcd out the unfavorable decision. Food Terminal Broadcasting Co. — owned by Ave stockhold- ers of the Northern Ohio Food Terminal — already setting a record as a repeater, priglnal roqueiit made In November, 1936, and denied In February, last year — after applicant had taken exception to an unfavorable examiner's report and been granted oral argument. Thrown down by the Commlsh,. It filed a petition for rehearing or reargiimont In March, 1938. On June 2, reargumcnt was heard by Commissioners Craven, Sykes, Brown, Walker and Case, and In September Chairman McNInch and Commissioners Payne, Sykes, Craven, Brown and Case sat In on the second denial — Walker and Brown dissenting. Tills proceeding repeated when applicant asked for a cliance to present additional testimony and pointed out 'certain errora and Inaccuracies' In the Commlsh statement of facts. Case was remanded this month lo the five Commlsh members who heard It last June, following new plea to reopen hearings. Alleged 'inaccuracies' In Commlsh statement were caused 'solely by Inadvertence' It was claimed, and applicant felled to dig up any new evidence of a character which has not already been placed In the record. Squabble hinges, on whether the Northern Ohio Food Ter- miner would not profit on the aide from operation of the proposed transmitter. Outfit proposes to give detailed In- formation to clients who rent market space on the quantity, quality and prices of food stulTs on hand — with the intention of causing consumers to 'purchase greater quantities of par- ticular food items at the time when those Items are most abundant and of best quality, thereby expanding the market for particular foods at particular times and eliminating market gluts'. Commlsh nlxera held out for a 'broad, general public serv- ice,' rather than a service predicated upon the needs of the public food terminal and Its clients. Commissioners Walker and Brown were of the opinion that the service proposed was worthwhile. Dissent, written by Walker, said In part: '...there appears to ba ft place In Cleveland for another high-class local pro- gram service. In addition, the applicant offers a needed and vital service to producers of (arm products, to house-holders, and to consumers of these products. This service is unsLvall- able through any other practicable source. .. .The application should be granted, because, In addition lo ottering a worth- while program service along the lines of current conven- tional requirements, the applicant will furnish a necessary ln(ormation service, not otherwise practicably obtainable, to the (armera About where and how to market produce, and to the consumers on where and how to secure seeded food products'. Broadcast company had requested a daytime transmitter with operation on 1600 kc. and power ot 100 watts. Repre- sented by Arthur W. Spharfald and Philip Q. Loucks. Texas: Bevy ot rehearing petitions, seeking reversal ot Wichita Broadcasting Co.'s okay tor a new station at Wichita Falls, denied by the Commlsh, though Chairman McNInch and Commissioners Sykea and Brown diasented. Other members o( the Commission tossed out complaints of West Texas Broadcasting Co., another applicant tor the same privilege; okayed change-ot-mtnd on the part ot Faith Broadcasting Co., Inc., which asked to withdraw its applica- tion tor a new station, and disposed ot outside squawks trou stations objecting to Wichita Broadcasting granL Attorneys for Wichita Broadcasting were Paul D. F. Spear- man and George S. Smith. , MINOR DECISIONS Alaska: KOBU, Ketchikan, present license extended tern- porarlly, nendlng Commlsh determination, but not longer than April 1. KFQD, Anchorage, granted renewal ot license on tem- porary basis, aubject to action on application tor renewal and transfer ot control. Ariuna: KUMA, Albert H.- Schermann, Tuma, license o«- tsnded temporarily tor a period not longer than April 1. Arkansas: KAKK, Little Rock, granted Increase In night power from SOO walls to 1 kw.. using directional antenna sys- tem tor night operation en S90 kp., 1 kw. days. Elorldat WaUN, Bt Petersburg, present license extended temporarily, to April 1 only; WAXO, Tallahasses, present re- lay broadcast station license extended temporarily to April 1, pending action on renewal- application. nilnnis: Mutual Broadcasting System, Inc, Chicago, granted temporory extension of authority lo transmit program to CKI.W, stations owned and operated by the Canadian Broad- canting Corp., and stations, licensed by Ihe Canadian Min- ister of Trsnsport, through the facilities ot the American Telephone and Telegraph <'n., subject to Commlsh action on Mutual's ponding application for extension ot said authority; W0X13S, National Tlrbadcasting Co., Inc., Chicago, granted license on en rxperimentnl ' ba.sls only, authorizing changes In equipment, move of transmiller locally, and Increase In power from CO to 100 watts. Mnlne: WRDO, Augu.aarl: W9XSP. Star-Times Publishing Co., St. I.ouls, present (acsimile broadcast 'license extended temporarily to April 1, pending action on renewal application. New Slexico: KOB, Albuquerque, -Kranted extension ot special temporary authority lo operate unlimited on 1180 kc with 10 kw, using directional antenna after sunset at Fort- land, Ore., to March 23. Now York: NBC. New York, granted special temporary authority to transmit network programs, to Havana, Cuba, tor rebroadcast- on standard broadcast station CMX, operat- ing on l:!60 kc with approximately 4 kw, for a period ot 30 days. In order to continue service to Havana listeners heretofore provided by (:M(), which service has been sus- pended because of interference; WjXH, Qeneral Electric Co., Schenectady, granted experlmehlal license for visual broad- cast station on 42000-6COOO kc, visual transmitter 40 watts; WBBK. Buftslo, granted extension of special experimental' authorization to operate regular broadcast transmitter for the experintental transmission ot facsimile signals trom 1 to 6 a.m.. using 1 kw, from March 1 to Sept. 1. Ohio: W8XB, Cleveland, present (acsimile broadcaat ex- perimental license extended temporarily to April 1, pending determination on ronewsl plea. Oregon: KEX, Portland, granted unlimited operation on 1180 kc with C kw to March 23. rennsylvanln: W3XE0, WCAir Broadcasting Co., Philadel- phia, granted modiflcatlon o( license to roduce power In ex- perimental relay broadcast station (rem CO to 6 watts, experi- mentally; WIOXWB, Philadelphia, and WlOXWP, Pitts- burgh, Westlnghouse Electrical and Manufacturing Co., granted reduction In experimental relay station power from $00 to CO watts, and 60 to 16 watts, respectively; WSXPF, Farnsworth Television, Inc., ot Pennsylvania, Springfield, present television broadcast license (experimental) extended on temporary basis to April 1, pending determination on re- newal application. . Booth Dakota: WNAX, Tankton, present license extended on. temporary basis only, pending action on renewal applica- tion, but In no case longer than April 1. Texas: KFDM, Beaumont, present license extended temporarily pending receipt ot and determination ot renewal plea, but tor no longer than April 1, NEW APPUCATIONS Calltonia: World Peace Foundation, Oakland, new Inter- national broadcast station to be operated on 6040, eClO and 11890 kc, with C kw. Emission A-3; Mollln Investment Co., Palm Springs, new station to be operated days only on 120(1 kc with 100 watts. Connmtlcut: WTIC, Hartford, Install directional antenna tor night use. Florida: Tom M. Bryan, Fort Lauderdale, new station to be operated ou 1370 ko with 100 wstta nigbta, 260 watts days. New Jersey: Neptune Broadcantlhg Corp., Atlantic City, new station to be operated on ICOO kc with 100 watts nights. 2C0 watta days. • Now York: WBBN. Inc., Buffalo, new tacslmlle broadcast station (experimental), using equipment of high trequency broadcast station W8XU. on 31600, 86600, I860» and 41000 kc, with 100 watts, A-4 Emission. Fennsyljanla:. WKBO, Harrlsburg, authority, to transfer control ot corporation trom the Telegraph Press, Inc., to J. H. Stelnman and John F. Stelnman. SET FOR HEARING Kansas: W9XAK, Kansas State College ot Agrlcalture and Applied Science, Manhattan, renewal ot television experi- mental license- designated (or hearing sines applicant ap- pears to be using equipment 'behind the present state of the art J granted temporary license subject to Cammlsh «ctton on renewal application). North Oarolina: WFTF, Raleigh, Install new eqalpment, boost power from I to 10 kw, nslng directional antenna sys- tem tor night operation. Texast KRBC, Abilene, night power boost from 10» to 260 watts. I WasbiBgton Lobby Washington, Feb. 2B. Aspect ol the McNinch reforma- tioa most irritating to industry ob- servers Is the idea of having a com- bination propagandist - researcher. As outlined by the scheme's con- cocter, the mouthpiece also would keep the proposed regulatory' board abreast of audience reaction to pro- By JANE WEST NOW RADIO'S MOST POPULAR f FAMILY BRINGS YOU MORE AUGHTER JeARS and |-| E ART-THROBS Prespnled by Ivory Soap ■ 99" .oo' t pure grams and public's valuation on services rendered b7 broadcasters. This is deemed opening wedge to one-man censorship. Old hands at watching- how regu- latory agencies operate predict such an individual— in order to justify his existence and keep on the payroll — would gumshoe around, seeking criticism of industry operations. Enough trouble already, with the FCC woodshedding stations which carry programs ttiat don't suit the tastes of single members of the Commlsh or the staff, and the figure hounds in the accounting department calling for more and more data to keep themselves entertained and occupied. poratiqn which reportedly Is destined to get the license from NBC, IICTFM TWICE DAILY liWIEl^ MBC Red Netwe INa. NBC Red Network, 12:16 to 12:30 KM. EST COAST TO COAST Dir. COHPTON ADVERTISING AflRNTT MGT. EO WOLF— RKO BLDG, NEW YORK CITY r Inquiry into the NBC acquisition of WPTF, Durham, N. C, is being agitated in the Senate, with insinu- ations that Chairman McNinch is a party to politics. Station originally licensed to Durham Life Insurance. Co., became the nominal property of WPTF Radio Co. in 1933, a wholly- owned subsld. Then asked addition- al hours, although occupying a clear channel allotted to KPO, San Fran- cisco. The NBC outlet kicked, but finally gained an option to buy the Tarheel plant Nothing happened until last October, when the oppor- tunity viras seized and request for transfer of control to the web reached the FCC, with a $210,000 check in escrow' pending approval. Reported the Life Insurance Co. tried to talk NBC out of it, but po- litical heat was applied. Another angle regarded suspiciously is that North Carolina politicians, former allies of McNinch, set up a new cor- Qaestion of letting radio legmen into the CongressionsI press seats — first break on the newspaper mo- nopoly—is before 9 subcommittee of the Senate Rules Committee. Pe- tition of Fulton Lewis, Jr., spieler for Mutual, complaining the present eligibility test is a relic of horse- and-buggy days, was turned over to Senators Guy M. Gillette, Iowa Democrat, and W. Warren Barbour, New Jersey Republican, both of whom are said to favor modernizing the code. Bill Card at N. Y. Expo Bill Card, former assistant to Philips Carlin at NBC in New York, becomes assistant to John S. Young, director of ' radio at the New York World's Fair. Appointment is '.effective March L M Waggon' Unlikely To Go Third Season BBC; Conuc Problem Too Toogh London, Feb. 21. 'Band Waggon,' easily most popu. lar of light BBC shows, which has done two- seasons, folds March 15 It is not likely to be renewed next fall, as strain on permanent comick- ers Arthur Askey. and Richard Mur- doch is terriflc, calling for fresh ma- terial week in and week out, with undue repetition heavily frowned on by BBC. Series is to be replaced for six weeks by 'Fol de Rols* concert party, already veterans of radio, and John Watt is planning a magazint feature on lines of 'In Town To- night* or -The World Goes Round' to follow. Folding in May will be 'I.i Town Tonight' itself, as also 'Monday Night at 7.' Former program has beea running six seasons, and ends with a 200th performance which producer Mike Meehan plan? to do on celebra- tion lines. ANDY KIRK And Bis CLOUDS OF JOY Featorlnr MARY LOU WILLIAMS Southland, Boston Feb. 27, ttr Twe Weiki Mirtssl Htmrk. Ce»l-t(-Ceut Teerttfty anS Friday IO-.M-II A.M. EST • Managemeat JOE GLASEIL Inc. RKO BIdr, Badlo CItr. Mow Toih MnoM nimimu ivB : EDiMMPniar A ca: ON IHE NBC RED NETWORh Bait Bet for Agancy and Rscordini Exacutivas Taoo la Krery Hoa., Tues., Wod., 7 P.M. B9T WIIN AL SMATNE Badlo's Ambassador ot Sons "A inat •Isstr •! longt thit ' mk* ttij linrttuto Usttw — Lodit Sebsl Hct. WHN Artbt Bureaa WBAL means iiUineU Our Washington Station Selection Is Easy— the Audience Does It for Us— WRC Wednesday* Murch 1, 1939 MUSIC VARIETY 37 OBERSIWS NEW DISC FIRM 15 Best Sheet Music Sellers (Week ending Teb. ts, 1939) Umbrella Man .....Harms Deep Purple Robbins Penny Serenade ■. Shapiro •You're a Sweet Little Headache . Paramount ♦I Have Eyes Paramount Deep in a Dream ..Harms I Cried for You MiUer *Funny Old Hills , Paramount God Bless America Berlin Hurry Home '..Spier ' Little Sir Echo Bregman I Promise You ABC ♦Jeepers Creepers Wltmark You're the Only Star Shapiro tMy Heart Belongs to Daddy .' Chappell * Indicates filmusical song. t Indicates staoe production song. The others are pops. Inside Stuff-Music Jack Robbins credits Doris Rhodes, CBS sustaining artistr^^nd inci- dentally the wife ol a competitive music man, Jonie Taps, professional head of Shapiro-Bernstein — with, making 'Deep Purple' the popular hit it now seems destined to be. - This Peter de Rose piano solo comprises four themes but Miss Rhodes sought' out the Robbins Music head with a copyright re- quest privilege to extract the theme which is now known as 'Deep Purple' (pop song) and use it on her CBS sustainer. The song has sold 75,000 in 30 days, which is quite a pace in present-day standards. As a piano solo, first published in 1934, the composition has sold 100,000 copies which, also, is unusual for an instrumental. - ' This extracting of one theme strain is nothing very new in the music . business. Iiarry Clinton's 'My Reverie,' based on the Claude Debussy ' (French) work Is merely a rhythmic evolution of the first four bars; the rest is Clinton's. That's sold 241,000 up to Feb. 16. Debussy's French music publishers gets Ic. a copy royalty as a condition for not stymieing ythe broadcast of the tune into Canada, as big radio commercials had at ' first encountered copyright technicalities when it was discovered that Debussy is protected In Canada, although In the public domain so far as the U. S. is concerned. Incidentally, the song is likewise restricted for England, Australia, etc., where the copyright protection is still in force. Miss Rhodes, after using what is the present main theme of 'Deep Purple' as a lyric-less strain, received requests for the title of that song. This prompted the Mitchell Parrish lyric, latter also having contributed the words to Hoagy Carmichael's 'Star Dust,' to which 'Deep Purple' is now likened. Turner- Layton, songwriter and vaudevillian who has made England his home for some time, is bringing- legal pressure to bear on the Broadway Musk Corp. In connection with back royalties on 'After You're Gone,' a tune he co-authored with the late Henry Creamer in 1916. Layton is hold- ing Broadway accountable even though the song has been published by jfoe Davis, Inc., since 1930. Broadway assigned the copyright to Davis during that year for a re- ported |2,50O. Deal provided that Davis pay the writer royalties. Sophie Tucker credits 'After You're Gone' as marking the turning point upward In her career. The Metropolitan Opera Company of N.Y. for the first time since Its annual 'Surprise Party* was instituted in 1933 will have none this year.' The party is held at the Met the last Sunday of the season with all artists partlcipatinig, presenting burlesques on opera and themselves. The occa- sion has always been a complete sellout, gross receipts going to the Met's reserve fund.- Instead, this year the Metropolitan Opera Guild will hold a party in one of the N. Y. hotels on Sunday, March 12, which will be attended by the entire company, proceeds going to the same fund. Song featured In the pic 'One-Third of a Nation' is called That's How Dreams Should . End,*' although it is not announced in the billing. Harold Orlob, producer of Par film, wrote both the tune and lyrics. Schirmer is publi^ilng it. Music Notes Johnny Borke and Jimmy Monaco turned in 'Hang Your Heart On a Hickory Limb,' to be sung in Uni- versal's 'East Side of Heaven.' William Lava and Cy Feuer did scoring on three Repiiblic pictures. 'My Wife's Relations,' 'Rough Rider Patrol* and 'Mexlcall Rose.' Eddie Cherkose and William Lava cletfed 'I Wanna Sing' for the Re- public fihn, 'Street of Missing Men.' Georgle stoU and Roger Eden do- ing the score fo? Metro's 'Balalaika.' Frank Loesser and Frederick Hol- lander deScd 'Strange Enchantment' for Paramount's 'Man About Town. Savitt Oou Dee made. Some members favor 25 years while others hold that 10 years should be sufficient SIMON VAN LIER DUE IN N. Y. FROM LONDON Simon Van Lier, general manager of Keith Prowse & Co., is due over from London the latter part of this week. It's his annual American buzz-around. Besides New York he will make stays in Chicago and Toronto. Sears, Roebuck & Co. wants the publishers in the popular field to underwrite a monthly" bulletin of sheet music that the msillorder house is considering putting out As explained in a circular letter re- ceived by such publishers, the bul- . letin would be mailed to all custom- ers upon request and also Included with each order of music. Letter further stated that the mailorder house has no setup for the compUing or printing of listings of this sort and that the job ui» not be done unless the pubs are agreeable to paying for it Also that standard tunes could . be included, as well as special instrumental ar- rangements, with the pubs charged according to the titles listed. Opinion in the trade on the Sears - Roebuck project ranges from ready assent to amused skepticism. Liat- ter are leery about the current value of the mailorder house as an outlet for sheet music and also point out that if the pubs start underwrit- ing mailorder house bulletins they soon find themselves paying the printers' bills for • the jobbing houses which make a practice of is- suing monthly bulletins. The pubs useato advertise in mailorder cata- logs tmtil the federal authorities stepped in and held that it fostered unfair trade practices. ASCAP Pedsion Failed To Emerge Monday (27) From Ui. Supreme Court XT. S. supreme court failed last Monday (27) to hand down a de- cision In the cases involving the American Society of Composers, Au- thors and Publishers and Washing- ton and Florida states. The findings are expected to have an un- precedented bearing on ASCAP's operations since the questions before the court deal not only with state rights but with monopoly of copy- rights. One legalite who has been excep- tionally active In copyright litigation forecasts a three-way split in tho decision. SHIPPING BUREAU MERITS LOOKED INTO Committee appointed by Walter G. Douglas, chairman of the Music Publishers^ Protective Association, will meet next week to consider the advisability of establishing a central shipping source to service syndicate stores. Members of the committee are Saul Immerman,. of the Warner Bros, group; Louis Bernstein, Jack Bregman, Lester Santly and Abe Olman. Hot Gobs May End Commodore Music Tieup United Hot Clubs, which now has around 25 branches and 5,000 . mem- bers, may not continue' its present arrangement with the Commodore music shops In Manhattan, Latter specialize in re-issues of swing classics, or In specialty records of its own origin. Club members have enjoyed a discount Question being considered now Is whether the United Hot Clul>;3, as an organization, will in the near future make records under its own labels: Esotcrlc releases press an average of SCO discs, but demand items some- times go to 2,000, or better. 38 VARIETY MUSIC— DANCE BANDS Wednesday, March 1, 1939 On the Upbeat Gene Ksupa's swingsters open March 4 at College Inn, Chicago. Joe Frasetto's orch opens at Jack Lynch's Walton roof, Philadelphia, tomorrow night (Thursday), replac- ing Jeno Donath. Dance remotes beginning to air from Chicago last week over Mutual include Orrin Tucker from the Pal- mer House, Bob Crosby from the Blackhawk, Ina Ray Hutton from the Rose Bowl cafe,. Dick Jurgens from the Trianoa Billy Tates, out of Pittsburgh, opened at El Tivoli in Dallas, Tex., Tuesday (28) for indefinite stay after rounding out two months at Chez Ami in Buffalo. Bemie Cnmmtns' option at Wil- liam Peim hotel's Chatterbox, Pitts- burgh, picked up for additional four weeks and likely to stay until Urban Roof opens in May. Nelson Maples and his KQV, Pitts- burgh, staff group booked into Web- ster Ball hotel there for week-end dancing, replacing Buzzy Kountz band, with latter staying on as m.c. Jimmy. Peyton crew just renewed for third successive year at Plaza cafe, Pittsburgh. New deal's for six months. Joe Bavell band moves into New Penn, Pittsburgh, March 6, for foui- weeks, with Mike Riley taking to road afterj two-month stay. Glenn HlUei- orchestra, which opens a four-week stay at Meadow- brook, Cedar Grove, N. J., March 5, opens the season at the Glen Island Casino, N, Y., about May 15. Abe Lyman orchestra and Lyn Murray's chorus record a series of San Francisco Fair aimed tunes this week for Decca. Doing 'Golden Gate,' 'San Francisco,' 'California Here I Come' and 'Home ia Pasa- dena.' Horace Heldt made 16 transcrip- tions for Associated Music Publish- ers which will be distributed to AMP radio subscribers. Platters ar* first Heidt has made, with more expected to follow. Gray Gordon makes a second set of 12 transcriptions for NBC March 15. Band stays at the Hotel KdisOn, N. Y., until April 4. Nan Wynn, radio sustalner and recording singer, indefinitely at the Famous Door, N. Y. BANDMEN'S CONVENTION In Town of tZfitt Where Assn. President Lives Cedar Rapids, Feb. 28. Bandmen from many places are meeting in Fort Dodge, la., this week for annual convention of National Bandmasters' association. Karl King is president of association. A 60-piece band has been recruited for a concert during the meeting. Awarding of the convention to Ft. Dodge, which has a population of 21,- 895, was tribute to King, who lives there. CONGRATULATIONS TO LEO ROBIN AND RALPH RAINGER FOR HAVING RECEIVED THE ACADEMY AWARD FOR THE BEST SONG OF 1938 Thanks for the Memory • Their Current Songs from Poramount's *TABIS HONEYMOON" Starring Biiig Crosby Are Making History "I HAVE EYES" "YOU'RE A SWEET UHLE HEADACHE" "THE FUNNY OLD HILLS" "JOOBALAF' Paramount Music Corp., 1619 B'way, New York Network Flags, 8 A.M. to 1 AJH. Folloioind is a totalization of the combined plugs of current tunes on NBC iWEAP and WJZ), and CBS (WABC) computed for the week from Monday through Sunday (Feb. 20-26). Total represents accumulated performances on the two major networks from sa.m.tol a. m. In 'Soured column, * denotes film song, t legit tunes, and pop' speaks for itself. GRAND TITLE. PUBUSHEB. SOURCE. TOTAL. Deep Purple Bobbins Pop 61 Penny Serenade Shaoiro Pop 35 Gotta Get Some Shuteye Berlin Pop 34 Could Be ; Santly Pop -31 This Can't Be Love Chpppell tBoys from Syracuse 28- You're a Sweet Little Headache Paramount 'Paris Honeymoon 28 I Get Along Without You Very Well Famous Pop 26 I Have Eyes Paramount *Paris Honeymoon 26 Umbrella Man Harms Pop 26 Heaven Can Wait Remick ......Pop 23 Jeepers Creepers Witmark ♦Going Places 24 We've Come a Long Way Together Feist Pop 24 This Is It Chappell tStars in Your Eyes 24 I Cried for You Miller Pop ; 23 Thanks for Everything... .....Bobbins ■ 'Thanks for Everything. ..23 Hurry Home Spier Pop , 23 Hold Tight.. Exclusive ....Pop 22 I Promise You ABC Pop 21 I Go for That „ Famous *St. Louis Blues \ > 21 Between a Kiss and a Sigh Santly Pop 21 Chop Sticks , Shapiro Pop ; 21 This Night Bregman 'Honolulu 20 We Speak of You Often Olman Pop ; 20 Bainbow Valley Morris Pop 20 Good for Nothing Witmark Pop 19 Room with a View Bregman Pop 19 I Long to Belong to You Red Star Pop ig Masquerade Is Over Crawford Poo ig Deep in a Dream Harms Pop ig My Heart Belong^ to Daddy Chappell tLeave It to Me 17 Honolulu Bregman 'Honolulu 17 They Say Witmark Pop , ig. We'll Never Know Berlin Pop , 15 Get Out of Town .Chappell tLeave It to Me 05 Let's Stop the Clock Remick Blame It On My Last Affair Mills .... Annabelle Feist Begin the Beguine Harms... It Took a Million Years Lincoln.., Little Sir Echo..... Bregman. Never Felt Better MUler. .Pop .Pop , Pop , Pop •Pop , Pop .Poo You Must Have Been a Beautiful Baby. . .Remick 'Hard to Get. Among Those Sailing.. ' Marks Pop I Must See Annie Tonight jBregman Pop 15 14 14 14 14 14 13 13 13 F.D.R. Jones. ~ ........... .\\..].\ Chappell. ................ ..tSing Out the News! i i ! i ; i i i I .' 10 10 10 10 10 10 My Reverie Bobbins Romance Runs in the Family Ager.. I Want My Share of Love Harms. Singin' in the Saddle Powell Lovely Debutante. ....Fox... , Pop . Pop .Pod , .Pop . Pop Band Bookings Jimmy Dorsey one-nites March 18 at Philly's Penn A. C. Ballroom, moves to the Flatbush theatre, Brooklyn, April 7 and takes in two weeks theatre dates starting April 28 with a one-weeker at the Circle, Indianapolis. Red Nichols to Netherland Plaza Hotel, Cincinnati, March 14, four weeks, for ROK. Freddie Fish,er, Lookout House, Covington, Ky., four weeks, March 8. Jack Fulton . at the Orpheum, Springfield, 111., March 10-11 thence to Lincoln, Decatur, 111., on the 12th via ROK. Charlie Agilew, Michigan theatre, Ann Arbor, Mich., March 19-20. Frank Dailey, Paramount, Ft. Wayne, March 14-16 for ROK. Claude Hopkins, U. of West Vir- ginia, Morganstown, W. Va, March 3. Joseph Sudy, Nicollet Hotel, Minn. April 8 indefinitely. Closes Cosmo- politan Hotel, Denver, April 6. Rita Rio, Freeport theatre. Free- port, L. I„ today (1) to Friday. Rudy Bundy, Henry Grady Hotel, Atlanta, March 24 for six weeks. Lou Breese, U. of Iowa, Iowa City, Friday (3). Earl Hines, one-nighters, St Joseph, Mo., and Sioux City, Iowa, March 11 and 12. Larry Clinton leaves Meadow- brook, Cedar Grove, N. J., March 4 for one-nighters carrying him through east and south till April 21. Claude Hopkins, Trianon Ballroom, Fort Lauderdale, Fla., April 8. Har- lem Square club, Miami, April 9. Benny Carter, Yale U. Ball, New Haven, March 17. Canadian Set Sales Off Washington, Feb. 28. Radio set sales in Canada slumped during 1938, according to reports reaching the Commerce Department from Ottawa. Dominion dealers took only 211,470 units worth $17,- 119,850 in comparison with 232,343 sets worth $20,039,146 in 1937. In- ventories were down over 8,500 at the year-end. Production schedule for the first three months of 1939 is for 19,799 sets, including 1,450 automobile re- ceivers and 4,150 battery sets Rebuff Wanger (Continued from page 3) Ish market because It has been In- dicated In the past that such a sub- ject was regarded as too delicate to be treated on the screen. Industry heads also pointed to the big money-makers at the box office in recent months, and could put their finger on no illm that even hinted of being propagandistic. In defending the present produc- tion code, HaysTans~cBimed that it required three or four years to pre- pare so that a producer could tell what he could do and could not do. They said there Is little chance for changing tho - wording of the code as long as the public shows that It wants it 'Every so often some producer,' said one official 'makes out that the PCA forbids realism. But if they would take the trouble to read the code, which, after all, is a published document, they would realize that it is possible to mak« realistic pro- ductions under it. It Is simply a question of gettinj Intelligent enough writers to turn It out. But, of course, such realistic films can't be dirty. 'A producer could make a picture attacking the newspaper business, making it out as thoroughly bad. This is possible under the code, but the producer would have to take fuU responsibility and stand on his own feet because PCA officials would advise against such a produc- tion. However, if he makes a film complying with the code and then the producer is atUcked for permit- ting profanity or filth, he would be defended because the Hays office knows that no such thing would get Into a film under the production code.' Joseph I. Breen, production code administration head on the Coast, stopped ofl in New York on his way back from a' trip to the West indies, but did not talk business or the code. JHe shoved oft for th( Coast Saturday (25) afternoon. amongthosesahing YOU ASKED FOR rr^ (YOU COT IT) NIGHTMUSTFAU SntANGE ONE SIDE OF ME A BALLAD IS BORN (Based on Claude Debussy's "Ballade") A 'NaturaP If There Ever Was One "Heavy, Heavy Hangs Over My Heart" AND A Really *Differene Novelty "Bennie, the Bumblebee, Feels Bom'' Om Victor Bccord tOIBIS VANGUARD SONGS 6411 Hollywood Blvd. HOLLYWOOD, CALIF. AND 1776 Broadway NEW YORK, N. Y. I OLD SONG SUGGESTIONS JIMMY McHUCH'S "DICA DIGA DO" hhjls udsic, inc. A Tisket A Tasket — My Reverie — Deep Purple — And Nt THE MOON IS A SILVER DOLLAR Lync hy MITCHELL PARISH ROBBINS MUSIC CORPORATION Music by SAMMY FAIN 7 9 9 SEVENTH AVENUE NEW YORK ^ednesdaj, March 1, 1939 DANCE BANDS VARIETY 89 UNION SPANKING Disc Reviews (Orilv th« untutMl revi«io«d hence/orth. Including the uniuuallv bad.) ' Best recordings ot the new Harlem Jive tune, 'Hold Tight,' into which some of the cats and 'gators, Inci- dentally, have sought to read dou- ble-entendre meanings, are by the Andrew! SIsten (Decca) and Fats Waller (Victor), but Tcaimy Dor- nr'a foxtrot version, on Victor 26163, Is more ot a s>vingo. Coupled with •Symphony in Riffs* (Benny Carter), it's strictly for the jitterbug disciples. Dorsey's solo trombone work, Pee- Wee Irwin, Jebnity Mlnee and •Skeeto' Harfnrt, latter Dorsey's comedy vocalist and sax exponent, scintillate individually. Speaking of the Andrews, their newest on Decca 2290 is a scat ver- sion of 'Begin the Beguine' from the Jll-fated 'Jubilee'; and for the re- newed popularity of which Cole Porter owes plenty to Artie Shaw. Latter revived this, and now it's virtually a brand new hit all over •gain. 'Long. Time No See,' paired with 'Beguine,' is in the three An- drew Sisters' best swing-sing man- ner. Shaw's Victor album Nos. 10124-28 ot swingology is super- jive, culling some of the best stage and fllmusical excerpts, done in the 52d street man- ner. Couplets are 'Carioca' with 'My Bill'; 'Donkey Serenade' and 'My Heart Stood Still'; 'Lover, Come Back to Me' and 'Rosalie'; 'Ziegeuner'- ' 'Supper Time'; 'Man I Love'-'Villa,' which is the cream of the crop of works by Rodgers and Hart, Ijehar, Coward, Romberg, Kern, Gershwin, Friml, and Youmans. The album idea Is a new form of wax works showmanship. Decca's Jack Kapp has been a strong advo- cate of this, and he's done remark- ably well. - The new Deanna Du- bln sextet, with Charles Frevln's orchestra supporting that Universal star, includes 'Les Filles de Cadix'- •My Own'; 'Someone to Care for Me'-'U Bacio'; 'Raining Sunbeams'- Traviata' excerpt And, of course, all done in that brilliant young so- prano's top vocal manner, plus some ' skillful baton assistance from Previn. Capitalizing on the Cafe Society vogue, Decca Album No. 37 comprises 10 waxings by Bnby Newman's crack Rainbow Room orchestra, with Bay Morton and Adelaide Moftelt split- ting the vocals. They offer such smart-spot dan:sapation faves as •Smoke Gets in Your Eyes,' 'I Get a Kick Out of You'; 'Night and Day'- •Just One of Those Things'; 'Love for Sale'-'By Myself; '111 See You Again'.'Who'; 'Wild About Harry'- 'Darktown Strutters Ball.' But for the last couplet, the other eight are really the most consistent reprise re- quest dance tunes and in Newman's best 'society manner' with his or- (Chestra, which means that the rhythm and melody - are suavely blended, and that cacapbony and swing are left to others. ' Hugues Panassie, the French swing savant, whose 'Le Jazz Hot' enjoys some distinction in jive circles, knows his American jazzique strictly from the dislcs. While here on a visit he worked with Men Mcxzrow's band and supervised quite a few advanced gutbucket waxmgs. 'Royal Gar- den Blues'-'If You See Me Comin" on Victor 10087 by the Meiwow- Iiadnler Qtiintet is a sample, employ- ing Tommy Ladnler, Fr^ps Foster, Manzle Johnson and Teddy Bnnn, The reed, horn and guitar work is especially distinctive. The fuller MUton 'Meai' Mezsrow orchestra, in the first of the series, does a two- part jam session called 'Comin' on With the Come On.' It's on Victor 10085, the septet recording tliis in their own New Orleans style. Mezz- row's licorice stick and Ladnler and Sidney de Paris on the horns stand out against James P. Johnson's pian- ology; Elmer James oii the bass; Teddy Bonn, guitar; Zntty Slngle- *on, drums. Larry Clinton, who pioneered swmging the operatics, gives atten- tion to Gilbert and SulUvan with two operetta excerpts from 'HMS Pmafore' and 'The Mikado,' respec, employing 'Sweet Little Buttfercup' ««1 Jl^^e Got a LitUe List' Since uie WPA, et aL have been discussing not Mikados for the stage, Clinton has transplanted the idea onto the wax. Ford Leary and Bea Wain give a new lyrical tang to Clinton's own arrangements that will un- doubtedly surprise the D'Oyly Carters, but won't shock them too much. Victor 26161. Eddie Sontti, the colored virtuoso of the violin, shows his string artis- try even amidst the swingo version of the traditional Hungarian dance; 'Hejre Kati' and 'Marcheta,' both scatted into medium fast rhythm tempos. Smooth swingology. Victor 10138, Ever since the 52d streeters dis- covered that new Cafe Society hot- spot in Greenwich Village, Meade Lux Lewis, Peter Johnson and Al- bert Ammens have come to renewed attention. Vocalion (Brunswick) grabbed 'em fast and Nos. 4606-7-8 feature their 'boogie-woogie' style on the uprights. The trio performs a two-part 'Boogie Woogie Prayer' on the first; Johnston with Joe Tu- ner vocalizing, contrasts a slow and fast blues on No. 4607, titled' 'Goln' Away Blues' and 'Roll 'Em Pete'; and the third disk has Ammons solo- ing 'Shout for Joy' and Lewis ditto- ing 'Bear Cat Crawl.' Blelurd Hhnber's 'rhythmic pyra- mid' style— Al Kavelin calls his . the 'cascading rhythms'— manifests much novelty on Victor 26l64. It's another in Hlmber's Parade ot the Bands. This is Part 5-6 and the third edi- tion takes up themes by Whiteman, Duchin, Bob Crosby's Dixieland style, Artie Shaw, Clinton and Count Basie. It's a dandy novelty, with announcements— not by Himber — identifying who is who, just in case you don't know your band styles or theme songs. Jackie Heller Disbands But Will Try New Combo Pittsburgh, Feb. 28. Band which LitUe Jackie Heller took from William Penn hotel here to Benny the Bum's in Philadelphia few weeks ago has been disbanded, with 'diminutive maestro sailing few days ago on South American cruise. MCA, which is booking him, intends to build a new style outfit around Heller and expects to have it ready for rehearsal upon his return from voyage. Heller organized original outfit in Chicago last summer and played spots, there and in New Orleans, Memphis, here and Philly before giv- ing it the air. Reason was that half- pint singer figured he needed more of a swing crew around him instead of stable, sweet-played orch. ' NEW TRIAL ORDERED BIf Apple EJeetion Case HIneea on Extent ot Victim's Injury Omaha, Feb. 28. District Judge Charles Leslie Tues- day ordered another airing in the damage suit of Jack Mackay, Omaha, against the Chermot ballroom. Mackey recently was awarded $5,000 against the ballroom and Rudy Mueller, Fred Christianson, special officers, and AI Wolf, manager, for being allegedly beaten after he was put off the floor for shagging. Mackay's claim of abdominal in- jury following the assault was bumped by defense attorney, who produced affidavits before the judge contending that he had Mackay's written admission that he had tiie injury previous to the alleged assault. Judge ordered the verdict set aside for another hearing. Houck's Eastern Preem Chick Webb's jive at the Cocoanut Grove of the Park Central Hotel, N. Y., for the past five weeks, will be supplanted tonight (Wednesday) by Curt Houck and his Catalina Island Orchestra making their in- itial eastern appearance. Houck has had three seasons at the Catalina Casino to his credit and recently wound up a nine month stay at the Hollywood Roosevelt Hotel. Also exiting with Webb is Ella Fitzgerald. Enrico and Novello move in to fill out the show. John Scott . Trotter, Shep Fields, and Matty Malneck are slated for Santa Anita ball at Biltmore Bowl in Los Angeles lilarch 4. Trotter and his Kraft Music Hall crew also set for the Palm Springs Charity ball March 18, \ ^ FIRMS ON SPOT Local 802 Completes Investi- gation — Avers Widespread Under-Scaling and Chisel- ing Practices — License Revocation Up to Inter- national SHOW CAUSE Executive board of the American Federation of Musicians will be asked this week to revoke the li- censes of some 20 New York band bookers as the result of an investi- gation conducted by the New York musicians union. If the internation- al agrees to the request it will be the first wholesale deanout of agents since the AFM put the licensing de- vice into effect three years ago. Inquiry extended through Friday and Saturday of last week with Local 802's trial board examining oyer 40 band leaders and some 20 agents. Probe is reported to have disclosed a wide variety of chiseling practices with all of them simmer- ing down4e a case of the band's re- ceiving underscale payments for their engagements. Many instances were found in wliich the agent col- lected the scale fee, but advised the leader that the spot or date had paid less. Show Cause Before the international board will move to act oh the local's com- plaints it will serve notice on the agents involved to show cause why their AFM licenses should not be re- voked. The union expects the disen- franchised agents to .resort to the courts for relief, but it is confident that such procedure will not get the group far since the license is issued without charge and with the agent's agreement to surrender it in the event the AFM deems him guilty of. violating its rules and regulations. Local 802 is also ' investigating what it describes as a growing prac- tice among secondary name units of using various subterfuge^ ' to get around payment of the 10% tax on traveling engagements. Another current drive by this local effects those bands that have neglected to relay to the union's treasurer the $3 collected per man for remote broad- casts. In the cases of some bands the delinquencies amount to thou- sands ot dollars. The union views such holdingouts as a serious offense, with the result that the leaders in- volved are making frantic efforts to borrow the money from their book- ers and other sources. Vincent Travers, Lucky Millinder's iBIcniptcies Vincent Travers (Vincenzo Tra- vascio), musical director of the Para- dise restaurant, N, Y., and 'Lucky' (Lucius) Millinder, colored orches- tra leader, current a . the State, N. Y., hied voluntary petitions of bank- ruptcy in the N. Y. federal court in the past week. Travers lists no assets and liabili- ties of $4,995; while Millinder has $150 in exempt assets and $9,300 in liabilities. DEAN HUDSON TO ABCHEA Chicago, Feb. 28. Dean Hudson orchestra set for the Archer ballroom circuit, starting March 15. Before starting the ballroom tour will play two weeks of midwest vaude dates. All placed through the Gus Edwards agency here. New Definition Jack Osterman, since becoming a 52d street boniface at his Little .Club, has discovered a new nocturnal hearts-and-flowers. It goes like this: 'A minimum — for me — Jackie?' Artie Shaw May Film Warners' IWaldiig of A Band' While on Coast Artie Shaw orchestra will prob- ably make a picture while on the Coast with the Robert Benchley-Old Gold pi'ogram which it rejoins in Hollywood April 23. Shaw's crew also goes into the Palomar Ballroom, L. A., April 19. Ciggle program does its last broadcast from New York March 19. picking up on the Coast following week. Several film makers are reported after Shaw,, among them Warner Bros.j which wants him for a pic- ture which would flickerize ' the building of an orchestra, tentatively labelled The Building ot a Band.' It would use WB players. Show re- cently completed a short for' Para- mount Plan was afoot to charter 'a plane to fly Shaw's crew to the Coast from Clevdand, " where it closes April 13, in order to be on hand for the airing of the 16th, but it was dropped. Hell do that shot from Chicago, inasmuch as he's ' been picked up from the road past few weeks. BEN BERNIE AT ASM ON TOURIST HUNCH Ben Bernie goes into the Astor .roof, N.Y., July 3 for indefinite stay. Booking was set by Music Corp. of America on basis of Bernie's click some years ago at the Chicago fair, with the idea he may repeat with this year's tourists. Vallee will precede Bernie at the spot, opening May 20. Originally it was Bernie and MCA's idea to operate their own spot, hav- ing their eye on the new taxpt^er on the site of the George M. Cohan theatre — Leblang's 43rd street and Broadway corner, which will also house Robert L. Ripley's Oddltorimn. Bernie is slated to close at the Hotel Pennsylvania March 15 but may be extendec'. to April 6 when Kay Kyser comes back. Tommy Dorsey is set for the Pennsy roof berth. Paul Kapp Probahly Joining RockweU-O'K Paul Kapp is leaving Consolidated Radio Artists March 15. He is now negotiatinj a possible affiliation with Rockwell-O'Keefe. Kapp came in from Chicago a year and a half ago to become manager of a radio talent division of the band-booking office. He is a brother of Dave and Jack Kapp of Decca records. Consolidated contemplates farming out its radio placements through commission-sharing deals with out- side talent offices, a suggestion made to Charles Green by Kapp himself. Les Brown Plays Prom, But Outside the Campus itochesterVTeb. 28. Feud l>etween Rochester Musicians Union and University of Rochester students which cancelled two prin- cipal dances at the University last year was compromised last week for Junior Prom. Union permitted stu- dents to hire r.ame band provided they hold dr.nce off the campus, so Les Brown's I^uke University or- chestra played at the Oak Hill Coun- try Club. Trouble started more than year ago when students declined to listen to union's attempt to place union musicians for small weekly parties in frat houses. Union tbsn banned all union musicians from campus af- fairs. MCA MAY CUT TALENT LIST Within the next couple ot months Music Corporation of America ex- pects to drop between 15 or 20 semi- name crews from its orchestra list Though unnamed, those to get set adrift are crewu which MCA deenia unable to compete with high- bracketed .utfits. One of the reason^lTor the slices is MCA's intention to concentrate more on the building of new talent Several new outfits have been formed in the past few months and more are due to follow. Compara- tively obscure crews rated to have the stuff and already active, also come under that heading and are slated for hypoing. Whiteman Heads SL L Variety Cfaib Benefit St Louis, Feb. 28. Paul Whiteman and his entire band and Joan Edwards and eight acts of vau4^ have been booked for a special benefit show at Fancbon & Marco's 6,000 seater Fox for Satur- day night, March 4. The perform-, ance, whi;h will include a preview of a newly released screen opus, is sponsored by the local Variety Club for the relief of German refugee children. Proceeds ot a dinner-dance the same night at the Coronado Hotel will go' to charities sponsored by the local Variety Club. Tom Doisey Won't B'cast If Second Mike Omitted Pittsburgh, Feb. 28. WCAE had to make a quick sub- stitution on its weekly Star Dust pro* gram from Stanley theatre backstags when Tommy Dorsey refused to go -on because station hadn't provided him with two mikes. Program Is a station-theatre tie-up, with WB sup- plying the talent for 15 minutes on every opening day and WCAE giv- ing tiie time and announcers. Half hour before program was scheduled to hit the air, Dorsey put in a request for an extra microphone. Everybody at station was tied up at time, feeding a couple of shows to Mutual web and nobody on engineer- itag staff was available to take care of Dorsey's demand. Station hastily substituted flock of recordings. First time since co-op program was laimched by WCAE and Stanley that it's failed to come through. DOUBLE FEATURES Film-Style Conpllnea Tried By Turn,, pike Casino Lincoln, Feb. 28. Terp trade gets a new shuffle here, with competlsh advanced to the film biz pattern. R. K Pauley's Turn- pike Casino is starting Friday night buildups by installing dual- features. First was. Jack Crawford, sharing billing with Lee Dixon's band Feb. 24. Next will be Rudy Bundy and Dick Barrie March 10. There'll be more of the same if it clicks. Ellington Sailing Duke Ellington is slated to sail March 24 for a European concert tour. His contract with the Reuter & Reuter agency calls for his open- ing in Stockholm April 4, and guar- antees him four weeks. Irving Mills, the band's mailager, plans to leave March 15. Ellis flg- luies that he will be able to spot more European dates for Ellingtoa after the orchestra has completed ita obligations to R & R. 40 VARIETY VAUDE— MIGHT CLUBS Wednesdajt March 1, I939 Colored Philly Pianologist Cause Of Benny the Bum s Suit Vs. Bernie - Request lor a preliminary lnjunc-[ tion to prevent DeLoyd McKay, ' eepia warbler and ivory-thumper with Ben Bernie at the Hotel Penn- sylvania, N. Y., from appearing there further has been startled in New York supreme court by Benny Fogel- j man, operator of Benny the Bum's, | Philly nitery. Fogelman said he , would file another suit later to re- cover damages from Bernie for 'stealing' the gal. Miss .'McKay has worked in Benny's Philly spot for the past 20 months and is under contract to Fogelman for three years and four months more. She was 'loaned' to Bernie for the Hotel Pennsy appearance af- ter the maestro admired her work during a social visit to the Bum's while playing at the Earle, I^illy, a month ago. Hearing on the temporary Injunc- tion will l>e held today (Wednesday). Demand for a permanent testrainer will be made later. Although Foifelman avers that the feiiime's refusal to return to work for him is the result of Bernie entic^ Ing her with an offer of more coin, Maurice Speiser, Fogelman's at- torney, admitted the band leader was in the clear. He said it was en- tirely a matter between the buxom pianologist and Fogelman. , Philly nitery op loaned' Miss McKay to Bernie at no cost to the maestro or the Pennsylvania, par- tially as a plug for his spot and par- tially to build her . up into a more valuable asset because he owns . a portion of her Income. He guaran- tees her $3,000 a year and splits 50-50 with her of> anything she makes over $60 a week. He is demanding $10,000 cash for the sale of her con- tract it she doesn't return to him, or $350 a week. Fogelman first turned his wrath on Bernie because he claimed be failed to give Benny the Bum's a mention In introing her. Bemiie dedUtres that on only one night did tie get absent- minded. Second beef by Benny was: 'Bemle's billing the girl as one of his finds, after I spent nearly two years and plenty of dough building her up.' (Actually she was given favorable reviews in Variety from London as far back as 1924.) Bernie said he was highly pleased when, after admiring Miss McKay's work, Benny said to him: Take her with you, I'll pay her salary.' Trouble started, Bernie declared, af- ter she had been at the Pennsylvania just two days and Fogelman de- manded her return because his cock- tail room business was falling oS without her. Bernie kicked because of all the advance. billing which he had given her and which would put hiin In an embarrassing spot with the hotel if she left He said he was willing to let her go, however, but she had deposited her card with the N. Y. I/fusicians Local, which de- manded she get the regulation two weeks' notice. As- for Fogelman's charge that Bernie offered her more coin to stay with him, stick-swlsher declared Benny refused to come through with the femme's salary the first week and so he felt obliged to make it good, paying her the $125 which Benny told him she was getting. • 15 YEARS AGO< (mm VhssBct) With Washington's Birthday the pivotal point, Broadway legit, in- cluding $100,000 for the Met Opera, chalked up a record $960,000 for the week. SaranacLake By Happy Banway Marya Blake, Will Rogers ozoner, has entered a N. Y. hospital for ob- servation, Jean Price is set to do the same.- Among new arrivals at the Rogers are Paul Dean, Warner Bros. N. Y. office; Kitty Horan. WB, Philadel- phia, and Mrs. Marie Froom', N. Y., all imder observation. ' Art Guild class has been started at the Rogers. Patients are leaping at the chance to . learn typing, short- hand, knitting, etc. ' Sid Davidson In from New York. Teddy Bodwell has been appointed to manage the Rogers library. Frank Cronin, who used to manage theatres In New England, here for fishing and a checkup. Chicago was clamping .down' on 'indecent' shows, provoked by 'Inno- cent ^es' at the Apollo. A. L. Erlanger proposed that the Broadway managers engage a per- cenUge of Equity members for their shows. Echoes of the 1919^trike were heard with Equity's retu^ Management of the Illinois, Chi- cago, was adamant in nixing the the- atre's showing of The Birth of a Nation' because he claimed it was Ku Klux Klan propaganda. He final- ly capitulated; Elsie Janis was at the Palace, Herb Williams at the Riverside, Frances Arms played the State and Crawford and Broderick were at the Broad- way, all New York vauders. Elisabeth Bergner was signed to play the title role in Bernard Shaw'ii •St Joan' in Berlin. She was the most popular German feminine star of the day. Williamson and Tait were expand- ing their vaudeville activities in Australia. The Foklnes were smash at the Met Opera House, N. Y., with their American ballet. "The Moon-Flower,' starring Elsie Ferguson and featuring Sidney Blaclaner, was given a Broadway overhauling by the critics, while Antony and Cleojpatra, with Jane Cowl and Rollo Peters, was a click. Radio and films were asking for the free tise of copjrrighted music in a bill introed In Congress. After 30 years of acting, Godfrey Tearle was turning manager In Lon- don. His first production was The Fairy Tale.' A Salute to Yesterday By BiU Halligan We were looking over the Tbla Week's Bills' on another page for somt of the old familiar names and wondering whatever becam* of the pala we had in the days gone by. Once In a whU» we recognized a companion of the long winter nights In a motion picture but before we can definitely place the fellow he is. gone Into the, shadows. Bit players average one line so you see there Isn't much time to peg them. I was thinking about George Austin Moore and the first time 1 ever saw him. It was at the Olympic theatre In Chicago and he was singing •Under the Bamboo Tree* and doing It very weU Indeed. George, got hit middle name from his home town, Austin, ITexas, and maybe he U running a prosperous gas station or a pub down there now. Then we recall Walter Brower, a great monologist in his day, and Stuart Barnes, another single, formerly Barnes and Sisson. Then tljere was Hal Davis, who worked with Inez McCauley, and that great Irishman, Andrew Kelly, who used to own a shoe store In Cleveland before he aspired to Frank Fogarty'a niche In the twb-a-day Hall of Fame. Wt haven't seen little Al Lloyd, who worked with Chappitf Avellng, a knockout sidewalk act if there ever was one, and Billy Gaston. Clever man that BiU GastonI Then there was 'Skins' Miller, who only needed a break to become one of America's top comics, and Henry Clive, the artist-magician, who waa second to none. They have all passed out of the picture. Remember Henry Sharrock^ the mind reader, and Mercedes, another headliner, who mystified audiences all over the country. Where Is little Benny Ryan, George White's former partner, hiding all his natural talent^ and where are Bee Palmer and Dainty Marie today? We miss John R. Gordon and Al Fields and the DiUon Bros., McCue and CahiU, Trlxla Friganza and Jock McICay and his bagpipes. We liked to pal around with the quartets In the days gone by and cut in with some barroom harmony after the show nights In the little bistroi that were famous in the variety towns. The Bison City Four, That Quar* tet the Empire City Four, and the Avons— how they used to brintf tha houses down. , Then there were the Irish comics: Tom Nawn, Charlie Burkie, Lawler and his daughters, and Johnny Carroll from Greenpoint We don't sea any of their names in VABiBrY today. Hundreds of them got In their little flivvers and headed for Hollywood and the cutting room Draculas. They took a lot of atmosphere with them when they left If you don't think so look around the grillrooms of the Lambs, the Friars and the Players; they certainly put a crimp in the Great White Way. Once In a while wa see them in some B picture but the spaces are too far apart Broadw&y doesn't miss them because they took Broadway with them when they left The street Is empty without the likes of Felix Adler, Violinsky, Juliua l^nnen, Eddie Kane, LitUe Billy, Jack Kennedy, Donald Kerr, Pat West; Lew Brice, Joe Bernard, John T. Murray, Sidney Jarvis, Walter Van Brtut, Johnny Stanley and all the rest of the happy-go-lucky lads of tha two-a-day. You just can't jump out of an art you have given your Ufa to .and start selling Fuller brushes. Once an actor always an actor. It'a In the blood. One day the casting directors on the West Coast will do more to help the lads who really have something on the ball, men who have spent their lives In the theatre, many of whom are stUl waiting for the telephone to ring Again -THANKS A MILLION" For IJnanimous Acdaim BENNY FIELDS CUBRENTLY CHEZ PAREE "World's Finest Theatre Restaurant" CHICAGO DAILY NEWS-C. J. BULLIET TRIBUNK Benny Fields, melancholy clown of the big eyes and deep reao- nant'volce, who would have ap- pealed to Lautrec, the world's suii.reme recorder of the cabaret cannot be duplicated, in America, riclds, who made the most sen- sational "comeback" In contem- porary entertainment on the floor of tills same Chez Paree three years ago, has been im- provins amazingly ever since. A great entertainer in a great show. Fields has reached a point where ha can be called "great." Humor and pathos mi^ in every- thing he does with throbbing ef- fect He will take the town. Ted Weber, Chn PoblloUr IMraetor HERALD A EXAMINER— CAB BARRETT Benny Fields, minstrel man par excellence, for sheer entertain-, ment outdoes his co-stars. His showmanship, style and rich bari- tone set all within hearing to swaying in rhythmic response. Bis delivery of "Umbrella Man" left nothing to be desired, and when yoiir Minstrel Man sang that one about three unpronounceable Israelites, It stayed aiinB. TIMES— YANK TAYLOR Altho vaudeville has passed Into oblivion, one name remains twinkling In the bright lights. That name is Benny Fields, a cafe star of the same magnitude of hla old two-a-day routines. A terrific entertainer. DIRECTION WM. MORBIS AGENCY VARIETY Benny Fields background In the entertainment world has given him the ability to play his cards well and smartly; to know what to slrig and how to put It over. Fields has a manner and style that are professional and fin- ished. Remarkable at the show caught was Fields' ability to sell a strictly patriotic number to a cafe audience, and, to top that get them all on their feet with the "Star Spangled Banner." This, in itselt is a departure In show stuff in peace time, and the manner in which Fields carried it off Is a credit to hla aurehand- ed sense of showmanship. AMERICAN —DOROTHY DEERE In the syncopated phraseology of your. Minstrel Man, Benny Fields, tha Chez Parse goes the "American Way" In lt« newest spotlight session — and if you think this Is any flag-waving trick for applause, you don't know your Benny Fields. Last night he had proved himself so voluptuous an offering the audi- ence pounded Its palms red, white and blue, long before the stirring finale (to the first show) was reached .... Head man in a show of head- liners, Benny Fields, Chicago's own son of syncopation, is loaned only to New York and other points East and West so they can see what we're tumin' out in the Windy City ..... .... Unaccustomed as he la to public rehearsing, Benny com- plied with new songs as well as the old favorites. "Sweet LltUe Headache," "Walking Stick, "Shaddrack," "Alexander's Kaff- tlme Band" (the same Alexander arrangement that brought Irving Berlin to his feet) mode it n Fields day for the customers. ^e^esdayt March 1, 1939 ▼AUDE— NIGHT CLUBS VARIETY 41 IngaUs S^s Davies Tie to Head MCA Stage, Cafe Bookmgs; Other Changes utiles Ingalls splits his agency partnership with Jack . Davies and moves into Music Corp. of America (Wednesday) as head of that outfit's stage and nitery talent de- partments in New York, Chicago and on the Coast Chief purpose for bringing in Ingalls Is MCA's desire to build its Ust of specialUes and acts. The agency hasn't had any- body in the past for the primary purpose of bringing in new talent Davies continues on his own,. with Milton Berger as associate. IngaUs brings Lillian Weiss to MCA with him, as well as the boolting of the Beverly Hills Country Club, New- port, Ky. With the addition of Ingalls, who moves in on a one-year contract the MCA talent departments undergo a general realignment Herman Stein will work under Ingalls in N. Y., handling foreign bookings in con- Junction with the London office. Harold Hackett has been appointed en executive v.p. in charge of radio activities of all offices, with Jimmy Saphier, who recently closed his own offices, handling the Hollywood end. Bart McHugh will assist Hackett in New York. James L. Stirton, for- mer manager of Saphler's N. Y. of- fice, has become head of NBC Ar- tists Bureau in Chicago. Lou Wasserman, formerly con- nected with publicity and sales from N. Y. offices, is now In Hollywood to handle film negotiations and spe- cial events. Hogan Hancock moves up from tlie MCA Dallas office to Chicago to operate the midwest fair dept. Formerly with Consolidated Ra- dio Artists in Chicago, Dick Stephens comes into the MCA Chicago branch in complete charge of small 'cock- tail' band units, bringing about 100 ■uch outfits with him. Jack Dia- mond Is in charge of the literati de- partment in Hollywood, agenting plays and other story material. Blanche Wolfe, Diamond's assistant in the office the latter closed to af- filiate with MCA, joins MCA's story department in N. Y. Walter John- son remains in radio sales in Holly- wood. TMAT SETTING DEAL WTTH BOWES' UNITS "Theatrical Managers, Agents and Treasurers' union Is entering a basic agreement with the Major Bowes en- terprises, calling for a material in- crease in the pay of people ahead -and back with, the amateur unit ■hows. Deal is expected to provide berths for legit company managers and advance men. Agreement calls for latter to receive ^125 weekly, with managers getting $100. Re- ported previous pay for the jobs was around $60. There are four Bowes units on tour and three more that are ex- pected to t>e assembled. Iridium Room to Be Open In iSummer Due to Fair Iridium Room in the Hotel St. Regis, New York, will remain open throughout the . summer, an innova- tion due to the World's Fair. Vin- cent Astor management figures enough extra support around for a class formal spot on the ground floor In addition to the usual St Regis Roof, which will operate as heretofore. Charles Baum Orchestra ■ con- tinues in the Iridium Room. Ja.ck. Lavm office may get the upstairs booking, too, although matter is strictly compeUUve. Baum's Iridium tenure dates from October and is now straightaway into 1940. 2 New Madison Cafes Madison, Wis., Feb. 28. Two nlteries open here this week. Julius GiUer and Louis Wigonltz {«t the Hd on the Flame having booked Francis and Marjorie Slight- ham indefinitely, while the Club of- ws Nelson Balenger's orchestra "JlghUy, except for Monday layoffs. Jail Bouche in Havana On Stranding Chaise Havana, Feb. 26. Albert Bouche, night club im- presario, was jailed here last week charged with tryfaig to strand his troupe of 25, After an engagement at Fausto theatre, the court ordered confisca- tion of his bank account uc. dept. drive onille(;al VAODE License Commissioner Paul Moss of New York Friday night (24) closed the Skouras' Granada theatre. Corona, for two days after finding that spot guilty of playing stage shows without a theatrical license. House last week played an Italian opera, with the performers appear- ing in costumes and singing, which is contrary to the motion picture. li- cense the spot holds. Same house. Moss claims, had been previously warned when staging jit- terbug dance contests. Two-day closing, the License Commissioner explained, was in the nature of a fine.' Motion picture licenses only per- mit speakers and- instrumentalists on the stage, not dancers, singers and performers In costume. Moss says he Is Instituting a drive on nabe the- atres now using stage shows of Some sort without applying first for a the- atrical permit N. Y/S 21 REPORTED DUDE RANCH-MINDED Sacramento, Feb. 28. Reported In Monterey that Jack Kriendler of New York's 21 Club and associates are negotiating for a 10-year lease on the luxurious 23,000 acre Rancho San Carlos in Carmel Valley. Purpose of the would-be lessees. It was said, is to convert it into a super-dude ranch. The estate, owned for many years by George Gordon Moore, former Pennsylvania coal baron, has large Spanish style buildings, swinuning pool, polo and aviation fields, and an artificial lake. Reported bidding price for the lease is said to l>e $250,000. Near-Capacity Advance For Fay^s Yande Preem Frank Fay reports a near-capacity advance sale for the preem of his straight- vaude venture at the 44tb Street, New York, tomorrow - night (Thursday). He has cut the top from the originally planned $3.30 to $2.75, including tax, after receiving letters from people stating they couldn't af- ford the higher figure. Fay's show, which will Include Eva LeGallienne and Elsie Janis, be- sides himself, will play eight shows weekly, seven nights and a Satur- day matinee. There's no set limit for the shows, the grosses to deter- mine when a change of layout la ■necessary.- At the $2.75 top Fay claims that the house can gross $27,000 weekly at capacity. He wouldn't divulge the first show's nut Fay also claims he owns the venture 100%. Previ- ously it was reported that John W. Bonney, lawyer, had a piece of the show. BUND INTEESUTTER'S P.A.Sf .. Isidore Greenbaum's leap to the speakers' platform at the. German- American Bund meeting in New York last-week- has-a flock of agents after him for a p.a. tour. He's willing, he states, but only If they don't make a 'freak' of him. Leon, Jr^ Joins Biz Leon and Eddie's S2d street New York, spot eoes on a scientific basis In June. Leon Enkeh's son at that time will finish four years' study in Cornell's school of hotel and restaurant man- agement and hell be taken in by his pop to show the oldsters how to do things. PA. CAFES TOLD TO EXIT STRIPS Philadelphia, Feb. 28. The State Liquor Control Board sent a warning this week to all night club operators in the state to either eliminate strip-tease dancers and other 'obscene acts' or face closing. Clyde Smith, head of the Board's law enforcement pointed out that night club operators could have their amusement licenses forfeited if they persist in violating the Board's orders. A second infraction would cause the Board to cancel their liquor licenses and force .shuttering without court action. . The word went around Philadel- phia spots Saturday night (25) that agents were on the prowl . in the city. Several midtown spots hastily yanked strippers, while, others or- dered the gals to don more clothes. A few, however, kept the nudles. Smith's ukase only applies to spots where liquor is sold, and will not affect burlesque theatres. Kyser, Goodman, Shaw May Tangle on Coast; Bandmen's Pitt Dates Los Angeles, Feb. 28. Battle of name bands is in pros- pect here. Deals are being nego- tiated for Kay Kyser to open the season at Catalina and Benny Ciood- man to go into the Cocoaniit Gro.ve. temporarily closed by a strike. Artie Shaw is set to follow George Olsen' at the Palomar next month. Shep Fields has another week to go at the Biltmore Bowl and then heads for Texas and Oklahoma dates. Tliere's some talk that the BUtmore may close the room due to poor biz. Benny Talk Artie Pittsburgh, Feb. 28. Unwilling at first to take Benny Goodman week March 10 because that comes right on heels of Artie Shaw's engagement Stanley, WB deluxer, had to back down since that was only date in Immediate future Goodman had open. Result will bring country's two leading swing outfits here ia. a row, situation management tried to avoid. Shaw was asked to set back his en- gagement few weeks but turned proposition down. Understood he was eager to get In ahead of Good-- man. It's a first tims for Shaw in a theatre here, and Goodman's third stretch at Stanley. Shaw broke in his present outfit in Pittsburgh, play- ing Willows, roadhouse, summer be- fore last JAMES BARTON SIGNED FOR 30 WEEKS BY ROSE James Barton has been signed for 30 weeks by Billy Rose to lead the return of the Casa Manana, New York, from vaude presentations to girlie shows for N. Y. World's Fair visitors. Current 'Streamlined Va- rieties' will continue until about March 27, when the revue headed by Barton replaces, Latter is the only name signed so far. Revue will. be. staged by John Murray Anderson, settings by Al- bert Johnson and costumes by Raoul Du Bois. It went into rehearsal this week. Barton recently com- pleted eight weeks at the Casa with a Rose vaude presentation, doubling from "Tobacco Road,' In which he starred at the Forrest He exited 'Road' recently following repeated wrangles with members of the cast Wire Walker Injured Detroit Feb. 28. Failing in her back .somersault Naio Nailto; (Chinese tight wire artist fractured her arm last week at the annual Shrine Circus in the state fair coliseum. Expected back on the Job shortly. AFAWiHQiiizN.Y.LiceiiseDept On Sanction of Vaude at Majestic Roxy, N. Y., Yanks 2 Acts; Bates and Barra Replace Two acts that didn't fit the show were pulled out of the Roxy, New York, . opening day (24) this weefc Youman Bros. (3)', fugitives from a Bowes amateur unit and Miaco, magiciazis, going out after the sec- ond show. Cappy Barra harmonica ensem- ble (8) moved into the show Fri- day night (24), while Pegleg Bates, one-legged colored dancer, slipped in the following day as replacements. AFA SUSPENDS HILDEGARDE 90 DAYS The American-Federation of Actors last week imposed a 90-day suspen- sion .on HUdegarde, singer, from its membership for failing to fulfill a two-week booking at the Colony Club, Chicago, which was to have started Feb. 15. Hlldegarde claimed she had an oral agreement with the club, which, permitted her to cancel the date in the event she got a radio, twoking, but the AFA's trial board stated that it could not take cog- nizance of any agreement not con- tained In the contract HUdegarde last week (22) started on the "99 Menr and a Ciirl' program on the Columbia network, being the only femme in the show featuring Rajrmond Paige, maestro. AFA's suspension of Hlldegarde continues past the SO days in the event she doesn't reach a settlement with the Colony Club. If the sus- pension continues a full year she can then apply for reinstatement and, if that's granted, shell have to pay a fine of $100 to the AFA charity fund. ROBITSCHEK CO. SUED FOR AGENT'S COMMISH Guy Martin, through Attorney I. Robert Broder, last week filed suit In Municipal court, New York, against French American Productions, Inc., for $179 commissions claimed due him. Kurt Robitschek, head of French Americiin Productions, Inc., last week opened his 'Laughter Over Broadway' straight vaude unit sit the Maryland, Baltimore. Martin was associated with French American Productions In the agent- ing of talent Cafe Pianist Jailed For Violation of Probation Cleveland, Feb. 28. Helen E. Le Breton, pianist was yanked out of the Avalon Club and jailed last -Week for violating proba- tion rules placed upon her a year ago. Ivory-beater was first brought to court for writing rubber checks in her mother's name. Hearing she was the daughter of Dr. J. O. Engleman, former prexy of Kent State Univer- sity, and that she had been influ- enced by nitery fair-^weather friends, the judge suspended sentence. She was placed on probation with the stipulation that she stay away from niteries. . . Nitery Op Sentenced In Ga. on Two Counts Columbus, Ga., Feb. 28. O. L. Dowdy, owner of a road- house here, last week was sentenced on two counts' by Superior Court Judge C. F. McLaughlin. ' Dowdy was found guilty of sell- ing liquor without a license, for which he was. given an alternative sentence of six months in jail or a $300 fine, and for operating a gam- bling house, for which he w?s given the alternative of six months or a $200 fine. "The American Federation of Ac- tors is delving deeper into the fold of the straight-vaude try at the Ma- jestic, New York, several weeks, ago, in wliich the performers did not i«- ceive their full salaries. It wiU ask for an explanation from the License Department which issued a license for the Majestic, despite the fact that Kurt Robitschek, prominently con- cerned in the venture, had not paid, off a claim against him in connec- tion with his previously announced straight-va\ide show at the Palla^ dium (Cine Roma), N. ". Claim against Robitschek involved the booking of a 24-girl Chester Hale line for the Pallalium. When Robitschek failed to open the show at that house Hale filed charges with the License Department and a settlement of $1,000 was agreed upon. Later this .vas cut to $500, of which only $100 was paid .by Robitschek. Hale and his general manager, John Hickey, brought this to the atten- tion of the License Department when the Majestic show was first an- nounced, but a new licei sc was is- sued regardless. Hale later oSeried to turn back his own license, claim- ing the department was not offering the proper protection to licensees, i What form the AFA's investiga- tion into the matter wiU take has not yet been determined by Ralph Whitehead, executive secretary of the actors' group. Fli^t he wants to get the License Department's side of the issue. THE SHUBERT, BmYN, TURNS TO VAODHJII The Shubert theatre, Brooklyn, road legiter, goes vaudflim March 10, coupling five acts with minor pic- tures three days -a week. Flesh goes in Friday, Saturday . and Sunday, films carrying it alone the other four. Prices scaled 40-5Sc. . Opening bill Is -an N. T. G. unit' House will be booked by Al Rogers, Tonkers Vaude New Broadway theatre, Yonkers; Walter Reade, Jr., house, starts • weekend stage policy. March 10, us- ing name bands. First orchestra set Is George' Hall's for two days. Mai Hallett's band goes in the fol- lowing week.' Re^de vfHce in N. Y. Is booking, the two-day st^d. Fetdiit Nbied on Pay A^ance, Oot After being refused his full salary a day in advance, Steplni Fetchlt col- ored comedian, walked out of the Rivera, Brooklyn, Saturday (25). Comic bad been headlining at the vaudfilmer since Wednesday (22) and was due to close Sunday (26). When no full payoff was forSicom- ing, Fetchlt wired the manager 'that 'doctor's orders prevented his- ap- pearance.' He came In' during that afternoon with a. no-pay-no-work ultimatum, which the house's man- ager again' refused. Latter Is said to have been imder orders of Walter Batchelor, comic's handler, not to pay off 'till date was closed. No ex- planation was offered for Batchelor's request Al Rogers, booking the house, says he. intends to start suit against the comedian for breach of contract. Wilmington Roadhouse Gutted by $50,000 Ftre Wilmington, Del.. Feb. 28. The Black Cat Casino, roadhouse here, was gutted by fire Sunday morning (26). Damage was estimated at $50,000. Part of the spot was con- verted into, a skating rink two weeks ago. Fire was discovered shortly ^ter the last skaters left Bocbester. N. T., Fire Rochester, N. Y., Feb. 28. Early morning fire in Terrace Gardens, night club operated by Mrs. Sophie Martin,, caused $2,000 damage and , closed place. In- definitely. Three employes sleeping in the basement smelled smoke and found main floor in flames. Firemen' blamed defective ' wiring fpr the fire. 42 VARIETY TAUPE— NIGHT CLUBS Wednesdaj, March 1, I939 Night Club Reviews COLOSIMO'S (CHICAGO) Chicago, Feb. 24. " Harrv Rose, Pat Rooney, Janet Jl^ade, Twllah & Miy, Betty Rohm, Marion Vinoy, Tyler, Thome & Post, Henri Gendron's orch, Mike Potson has given his custom- ers plenty of solid entertainment in this show. With names such as Pat Rooney and Harry Rose on the floor, there is a guarantee of value and an assurance ot ability. Rooney, tor instance, is as staple in vaude as Geo/'ge M. Cohan is in legit, and the orchestra need only start 'Rosie O'Grady' to bring a round of applause that is a con- vincer that people don't forget their favorites. Rooney is as agile and smooth as ever. He's doing three routines, opening, curiously . but wisely, with his oft -repeated •O'Grady' number. Then into a modem tap routine and winds up with a strut. The act on any stage as' lone as he comes in armed with that 'O'Grady* melody is his ticket of. admission to any aiudlence's warm approval. Same goes for Rose. With Sarah and with 'Pagliacci,' Rose is as safe as' a babe in mother's arms. That's for his own turn, which he delivers with sure-handed ability and with surefire results. In addition. Rose works hard as m.c,' keeping the show moving and the audience re- sponsive. Rose is to be commended for his fine introductions, giving, all acts a good and proper buildup In- stead ot merely pulling the sour bromide of asking the audien'ce to 'give 'em a hand.' Also registering solidly' is- the knockabout dance turn of Tyler, Thome and Post. The two xpfoy and Sirl -make a good abpearbnce'. in evening dress 'and 'in'Cila" 'wallop through with a drunk ahd then a burlesque adagio number. All the falls and business are worked out in fine fashion and gamer a flock of laughs. Finally there is Betty Robin, ex- stooge, out now a comedy dancer with plenty on the ball. She has a load of stage wisdom and her cur- rent routine is a cinch for any nitery or presentation house. Teamed with a good straight she would be capable of turning in a powerful comedy vaude turn, Janet Reade manages to get away with a couple of pop tunes pass- ably. She tries 'm Bill.' but shouldn't because that only .makes people think of Helen Morgan. Ma- rion Vinay plays the violin, tossing off some Russian dance routines at the same time. ' Okay for her spot Billed for the sex twist are Tul- lah and Miy, who are ballyed as Egyptian coochers. They cooch and evidence considerable mobility of hips and other portions of their an- atomy. They have a couple of nifty figures and their wiggles are sure- fire for anybody not myopic. Gold. STAGE ONE (LO^ ANGELES) Los Angeles, Feb. 24. Shemp Howard. CtiUv Richards, Henry Gatante, Billy Young, Four Squires. For those with a few on board and easy to please, this drop-in spot on the edge of Beverly Hills serves the purpose. To the stone sober and dis- criminating it's no go. Rowdy, rough, carefree and come-what-may, there s ho rhyme' or reason to the Stage hi- ■jlnks. . ' • . Cully Richards performs the m. c. duties and he rates a better break. He has a warming personally and knows how to drop off a gag. With only a handful of payees in the room (Sunday night) he was oit for an egg-rolL He's a good bet for one of the better grottoes and with some fresh material should rock 'em in their chairs. ■ , , . Shemp Howard, one of the original stooges, runs the joint with Jack Edel- stein, onetime Long Island entrepre- (Continued on page 47) TheTHEATRE of the STARS New Acts TONT HABTIN Songs IS Mlns. Paramonnt, N. T. .... Tony Martin should easily match on the stage the standing that he has developed in radio and films. Besides looks and the manner that coimts, he's endowed with a voice that's both sturdy and a seller. The impression he's making at the Para- mount is excellent for all age levels. The choice of pop ditties couldn t be better. , , . About the only negative side to the occasion was his tendency to keep reminding his audience that he's the fellow that's married to Alice Faye. As a performer and personality, Martin is certainly strong enough in his own right "The connubial references could be minimized with more effective re- sults all around. Odec. FRANK ALBEBTSON (3) ytitb. Jimmy Cross and Les Clark Comedy. Songs, Dance 8 Mtns.; One. Two State, New Tork Frank Albertson, best known for 'Brother Rat' stage and screen, is on a sabbatical from the Warner lot and fills in nicely with a bright it Ugbt routine of small talk and song-andr dance hokum, tptter is chiefly con- tribiited .by his aides^ Jimmy Cross and Les Clark. They come on as in- terrupters after the personable juve has indulged in some Hollywood chatter kidding the community, more or less along familiar formula. Albertson essays 'Jeepers' and 'Beautiful Baby" vocally, heckled by the Interrupters, who also participate in a lovemaking hoke sequence. It's a frothy eight minutes in sum total, getting by passingly and pas- sively, but not altogether a stage- wait Abel. BOOKING AGENCY GENERAL EXECUTIVE OFFICES LOEW BLDG. ANNEX 16j9 :ip$T 46™ ST. NEW^ YORK LU BIN i^CNfRAl MANAGE* . SIDNEY H. PiERMONT BOOKtrtO Mi AN AO Et DANNT GBATSON Danslng 5 Mins. Stanley. Pittsburgh Danqy Grayson's a young hoofer who\^hould go places. His tap stuS is tops and he nas a lot of comedy falls up his sleeve to keep the ball rolling once his legit terping is es- tablished. Good-looking, personable youngster starts out with session of loose-limbed legmania, th6n goes in for the rhythm stuff sans music, and makes the hardwood talk back to him. In later, stages his. unbalanced stumbling across the stage, with the Inevitable tall, is reminiscent of both Will Mahoney and Ray Bolger, with many of the best qualities of each. He's a cinch for niteries. Cohen. SUNSHINE SAMHT. and SLEEPT ' . WIttlAHS. - Daoolng ' T Hlu^ Fan 'ApoUo, N. T. . : Sunshine Sammy an4 Sleepy Wil- liams have been around, in vaiiders anjl niteries. but are not In the. New Act flies, Sammy had a small, imit some years ago,, organizing it shortly aft^ir he grew out of the Our Gang Comedy class. Theiy're attired in tails and do ;80me :brisk aero- and - soft-shoe taps, but; got little favorable response firom this audience opening night (Fri,). . B 6 Unii Review Laughter Over Broadway (MARYLAND, BALTO) Baltfanore, Feb. 25. PresenUd by Julian Fyhs; staged by Kurt Robltschefc; with .Don & Bud Gilbert, Ginger Dulo, Nat Na- zatro, Jr., JMourice & Maryea, Kath- leen Harris, Elaine Arden, Bennv Ross & Maxine Stone, Ruth Londi, Bucfc & Bubbles. The Royol WWrl- uilnds (S). ^ Announced as a forerunner of an attempt to bring back 'blft-time vaudeville to the Maryland theatre here, formerly rated one of coun- try's outstanding two-a-day houses, 'Laughter Over Broadway is just fair vaudeville, nicely handled by Kurt Robitschek and making up in quantity, at least what it lacte in quality. Layout as constituted at presenli needs sock and name value to even approach the standards ot what once constituted big-time vaude. All the other extra currlcu- lar trimmtogs are supplied; all seats are reserved, two shows are pre- sented daily .-except Sat and Sun., when three ' shows are presented, and films are entirely eliminated. Scale calls for 60c. mats and $1 top nocturnal tap. Opening with a special song writ- ten by Abe Burrows, Frank Galen and Robert Katscher, tiUed. 'Vaude- ville Marches On', Ruth Landi strikes a hopeful note, which Is picked up by Don and Bud GUbert nice working Aero duo in okay rou- thie of bar work and hand balanc- ing. Nat Nazarro, Jr., m.c, introduces Ginger Dulo, who fives out 'with strenuous swing vocals of 'Short- ning Bread,' 'I'm Sick of Swing' and an .impression of Martha Raye, Youngster has improved consider- ably since last seen here, but needs polishing and change of pace. Is foUowed by Nazarro again in some fairish gags and a session of acro- batic hoofing that sends him off solidly. Smart ballroom stuff by Maurice and Maryea, interlaced with some bunchy toe-tapping by Kathleen Harris, makes for nice change of pace. Dance duo looks well and sells smartly. Set good spot for Elaine Arden, utilizing Greek dia- lect to crossfire with Nazarro for only a few laughs. Some of her ma- terial is a bit blue for family trade. Benny Ross and Maxine Stone, in' standard routine ot well-timed comedy, give matters a nice lilt which holds with vocal contribu- tions by Ruth Landi of 'Sing,' 'Get Out of Town' and ■ 'MusIceQ Travelog.* Latter offers opportunity for foreign language interpolations. Hampered some by mike trouble on show caught singer nevertheless, has considerable appeal and an en- gaging personality. Buck and Bubbles, in next-to- closing, are okay with melange play- ing of piano, vocals and comedy hoofery. Royal Whirlwinds, excel- lent skating trio, close strongly after Interpolated blackout, which could be eliminated to good advantage. Reintroductlon of all acts, for ren- dition of 'Star Spangled Banner* is the finale. Very able musical direction by comlM, is a standout But tLaughtcs UNION WRANGLE SHUTS COCOANUr GROVE, LA Los Angeles,. Feb. 28. Union trouble closed the Ambas- sador Hotel's Cocoanut Grove here Saturday night (25). Freddie Martin's orchestra walked when waiters and culinary -vorkers pulled strike. The VeloK and Yolanda opening was postponed. Boreo to Frisco For Fischer's Expo Show Efflile Boreo, Just back In New York from an Australian tour, is en route pronto to the Coast He Joins Cliff 3rd C. Fischer's 'Folies Bergeres* revue at the Frisco Fair March 10. Boreo went from Aussie to Lon- don and Paris, where he signed with Fischer to m.c. the show at the Golden Gate exposition. Marcella Hendricks, soprano, who recently finished a series of pro- grams on WOR-Mutual, has been booked indefinitely Into the Dunes Club, Pinehurst N. C. Over Broadway' will not bring back big-time vaudeville. The best bet for the gentlemen behind this' ven- ture is a salvaging of a portion of the material at hand Into a briefer unit terial at hand into a briefer unit ' aimed at the combo bookings still available. Idea of Robitschek and Fuhs Is to tour this show as a straight-vaude unit playing the key cities prin- cipally. However, It needs much more than it holds now to achieve that purpose successfully. Biz. n.s.g. Burm. FOUR FRANKS Dr«ned by SIDNEY FISHER 76/77 Shaftesbury Avenue PICCADILLy. LONDON, ENa Best Coffee. in J^nglcmd Qu Amy INN Leicester Square LONDON, WEST-END -THUNKS- Large Block— New en4 BKs^nvVmH H&K Theatrical Trunks, »10J)0 up Taylor Theatrical Trunks, 7.60 up Alno Hartmann*. Oshkoah and othwa Alrrlu* u4 ERillik UtHM RwwoabI* SAVOY LUGGAGE M EAST BMh ST., N. Y. O. 'VOL B-1184 ^ Meet me at your favorite bar-r-r. . . an' Vll shoiuyehow good a Scotch can be! It's sensible to stick with BORN 1820... Still going strong KED LABBU ■ Tear* old. BLACK LABEL, UTMiradW.. Johnnie Walker BLENDED SCOTCH WHISKY CANADA DRY GINGER ALE, INC, NEW YORK, N. V-j SOLE DISTRIBUTOR WUh Compliments to Manager JACKDAVIES Accompanist DAVID LE WINTER And H. V. HOPE EDDIE MINOR and ROOT HOTEL BRITISH COLONIAL NASSAU, B. W. I. Wednesday, March 1, 19%9 VARIETY Ncrcr before such glamorous entertainment in Hollywood . . . Complete sellout nightly! IN IT'S 10 EARL CARROLL THEATRE • RESTAURANT HOLLYWOOD, CALIFORNIA A GALAXY O F STARS The Most Spectacular Interior In America! The Only Double Revolvmg Stage In the World! Two Internationally Famous Orchestras! Five Hit Songs! « ARREN ud BROOERICK _ Optr* ■■ tut Rafl • PAUL OERRITt SkiMr-Humtriit- Muter tl Chysio'gnomy and himself Is a sartorial study in bro.wn. The sepia color scheme is wisely carried through with the rest of the personnel from the 14 band- men unto Sal^ Gooding's getup, as well as that of the Four Step Bros, Latter are hoof in' foolis. Miss Good- ing Is a highbrow Maewest In per- sonal suggestion. She gives out with a scat version of 'Old Man Mose' and the newer 'Hold Tight' To teke the onus off the swingo mayhem of the classics, Millinder wisely emphasizes that their version of Rachmaninoff.'s 'Prelude in C- Sharp Minor' has been jived with th6 idea of keeping the basic melody up- permost and not distorted beyond recognition. His combo comprises six brass, four reeds and four rhythm. Biz good opening night (Thurs.). Abel. RIVERA, B'KLYN novelty of ogUnK * film r^rsonBlity seeming!- ..oon wearhig away for the payees. Comes on- to 'Lazy Bones,' which is a natural: Over- does it, though, to point where a valet comes on stege and changes his cotton field getup, .worn over street clothes, to r Harler outfit Tries a weaiy tap and a' running Routine explained as from the film 'David Hartun,' then off. Valet takes the bows, good for more giggles. Bob Carney and his two d-ughters try hard, but don't get much more response than their predecessors. He Sets off a few fast gags in Yiddish lalect that are satisfactory, one being too fast for thfi neighborhood. His daughters' taps don't add any lustre to the turn. Tt^ey vocal 'Hold Tight' at the Opening fairly well. They later Intro an elderly lady as their grandmother and top mentor, latter immediately going into a terp routine. As she says, 'it's, pretty good for an- old woman.' Four terp off together. Carney does his drunk bit somewhere during the turn, overdoing it a bit, but clicking. Five Elgins close with their familiar hat transfers ahd Indian club routine, and are easily the click of the bill. Smoothness with which they work and all-around smart ap- pearance of the turn makes it stand out far above the' rest of the bill. SHUBERT, NEWARK Newark, Feb. 28. Ted Lewis' orch with .Snowball WMtMer, Sftelton Brooks, (Sale Sex- tet, Loretta & Lane, Radio Aces; 'Storm in a Teacup' (GB).- Strongly on. the sentimental side, Ted Lewis' orch is the attraction at the Shubert this week and he Is draw- ing a decidedly older audience than_ previous name bands. Celebrating' his 30th year as a . baton wielder, Lewis sings a sentimental ditty to his pal, the clarinet, as a birthday cake is presented to him. The true and tried Lewis gestures, topped by the battered hat, are followed through for good, results in 'When My Baby Smiles at Me' and other old tunes. With him is his colored shadow. Snowball Whittier, who does an ace impersonation of the maestro in 'Me and My Shadow,' followed by 'I Wonder What My Shadow Thinks of Me' with the aid of a white and a colored girl in a shadow bit . , Radio Aces, a trio of harmony and swing-singers, are okay when they were harmonizing, but become brash and over-energetic in the loud num- bers, particularly th^' operatic med- ley, Dann^ White, a . panto dancer, does a. familiar turn in n)isAt clothes, and the Gale Sextet, evenly mixed, do some of the fastest ballroom danc- ing with acrobatic novelties that has been seen here in a long while. Shelton Brooks, composer of 'Soihie of These Days,' ambles on for a talk- fest with Snowball Whittier and then wins the patrons with piano bits of his hits. He could stey longer. Troy and Lane, clever dancers, complete this fast tempo layout Date, HIPP, BALTO Baltiinore. Feb. 26. Collins & Peterson, Cass Daley, Lionel Stander, Carlton Emmy & Mad Wags, Roxyettes (16); 'Let Us Live* (Col), Grace Lee, Guy Martin Co, (5) with De Lite & Van Twins, Al Shayne, Stepin Fetchit, Bob Carney (4), Five Elgins, Ted Eddies house orch (9); 'Shanghai Madness^ (Rep). Though the ' customers are ap- parent^ satisfied and the lineup looks okay on paper, this bill is one of those things. Class of the layout is the juggling closar, the Five El- gins. in between the opening Guy Mirtin turn and the Elgins it's a series of dull thuds. Ted Eddy's house orchestra opens with a poor arrangement' of 'Hold Tight,' following which the maestro Introduces a localite, Grace Lee. She vocals poorly and encores with an equaUy limp 'Blue Heaven.' Martin gets going with the Van Sisters in a tap. Though obviously handicapped by Eddy's background- ing, the sisters do a nice job of uni- son terping of standard routines. Pair come back later for a fast tap with ankles linked. Both tries are nicely costumed, De Lite Twins toss in a short' aero stint It's ordi- nary and unbecomingly dtessed, Martin, who does a tep that could- be shortened for better effect, looks good in teils and handles himself smoothly. Entire company in on for the fadeoff. Al Shayne gives himself a buildup from backstege via the mike before openUig with his 'Marta' theme, Shayne, who says he hails ' from Brooklyn, never lets customers for- get it— or his current WHN, N. Y_ sustehier. Since his voice Isn't what it used to be, he's now concentrating on selling himself via a delivery a la Richman. Gives the entire bit an aura of com. Uses topper and cane and even tries a few terps. Selec- tions could be better, best of he lot being "They Say.' CaUed for en- cores. Poor public address system harms him. Stepin Fetehit Is In tie trey. His stuff gets monotonous af ^--p a -while. Somewhat lengthy show has In It considerable telent, but doesn't pW as well as paper lineup would indi- cate. Double m.c: stint throughout by Collins and Peterson Is possible drag, and three so-so routines to^ed in by the Gae Foster Roxyettes are not helping move matters either. With cuts generously applied and general speeding up all around, lay- out may shape up better. Collins and Peterson start from the very outset with obvious and hammer and tongs gagging, intro- ducing, the Roj^ettes in. a boogey woogey routine. A decided lift comes next via Carlton Emmy and his pups, a good act of its kind and a decided bell-ringer here. Sets a top flight pace, which is held in sock fashion by C^s Daley lit following niche. Comedy scat singer and mug- ger wangs out 'Spreadin' Rhythm' and a medley -of pops In clever' fashion, coming back for 'Ants In My Pants' and again with 'Old Man Mose.' Equipped with a definite .comedy style and a surefire knack for scat singing, she ties matters up tightly. After more of Collins and Peter- son, and the Roxeyettes In a one- tWO-three-kick cakewalk routine, Lionel Stender breezes on to faint response. Tries hard with some fair material, winding up_wlth an im- Sression of Louis Wolheim in a ramatic scene from an early CNeil wagedy. Stander would do- much " straight man in some skillfully pointed dialog, or in a sketch. Going Into the bulk of their regu- lar act - Collins ■ and Peterson take hold here for the trumpet business, Marty ColUns' hoofing and Peter- son's strenuous feeding. Score nice- ly and stay on to annou.ice closing number by line, the good old 'Poet and Peasant' on tbe hoof. It's girls' best sUnt, but unfortunately comes too late. Biz just fair. Burm. ROXY, N. Y. Henny roungman, Pegleo Bate» Florence & Alvarez, Cappu Barn! harmonica band ($), Gae FmZ Girls (24), Paul Ash's house b^M. 'Wife, Husband and Friend' (ZOthV reviewed in Vawbiy, Feb. IS. Standout at the Roxy when caught at the last show Friday (24) was tiie work of the- line. It presents a pair of routines that are tops for imaginative ahd attractive produc- tion, aside from the usual precision performance of the femmes. Both girl numbers clicked with the house far and away above anything els& not altogether due to much last-mini ute switching, pulling ahd subbing when a couple of the turns orig- inally booked failed to click In the expected manner. Miaco and Youman Bros. (3) were the two acts pulled. For the final two shows Friday, Ray Royce, comic drunk, was in their stead. He in turn was replaced by Pegleg Bates on Saturday. The Cappy Barra har- monica troupe (B) went in for the final show Friday and remains for the week. Florence and Alvarez, terp duo, also underwent some changes in routining after the first day. Henry Youngman was forced by ali this to fill in the breach with two turns, both of which were far overboard on' length, and his results weren't good. . Show's opener is a railroad station scene with info clerks shouting dope on ski trains, which serves to set the idea when the Foster gals troop on carrying bags. Following some &ain effects by the band, femmes. create similar sound effects of a locomotive pulling out through clever heel and toe work. As the clincher, lights all drop, first femme unleashes a head- light, last one a red light and the 'giJs In the middle turn their bags around to reveal little windows. Ivs very effective. Second - routine by the line Is the holdover bicycling, a frequently re- peated sock. Gals are garbed as New York's finest (but in ^torts). Best bit is half of them balanced stand- ing uprl^t on the rear mudguards as the other gals peddle. Youngman suffers principally from material, customary with comics de- pendent on gab. Entire session (re- duced to one appearance after Fri- day), from beginning to end, is old stuff, the same .Yoimgman's been using in p. a.'s for the past two years. To those who haven't heard his gags before,' there are undoubtedly many that are funny, but the reaction here was far from terrific. Barra troupe, when caught, showed okay despite their hurried entrance. Apology at the start, nevertheless, might well have been eliminated. Lively lads, they toot harmonicas of all sizes, sing and shoot some patter. Florence and Alvarez presents two routines. First is rather tame In its lack of Snappy Ufts or turns, almost a requisite in a tremendous spot like the Roxy, where their flawless ball- room, technique can be observed by no more than a few rows. Second number, a modem terp, is more in- teresting. Ray Royce, In his two perform- ances, did only about three miniites of acTO-drunk work. Got In a couple of good twists and clicked mildly in an early spot Pegleg Bates, who replaced Royce, Is a standard one- legged hoofer. STATE, HARTFORD Hartford, Feb. 25. Sunny Rice, John Boles, Emmett Old/Ield & Eddie Ware, Roger Pry- or's orch with Arm Sofhem, Lane Truesdale, Sam Kaplan's house orch; 'Prtde of NavyT (Rep). Trio of film names, John Boles and the Roger Pryor-Ann Sothern combo, has the customers filing In this week. Ptyor's unit is bolstered by the addi- , tion of two acts, putting the show m the bell-ringing class. ,. Boles' appeal to the f emmies can t be questioned. The moment the singer appears on the boards the ap- plause gets underway and there is no cessation until he has taken an encore and several bows. He vocals •See Your Face Before Me,' 'Rio Rita, 'One Alone' and 'Waiting at the Gate for Katy,' latter in character. He had to beg off. . . , Pryor is personable and amiable and puts on a good mike front; chat- ° tln^nd gabbing aU the time, all ol whFIs weU timed for the laughs. ForTts opener,- the band plaXS, " good swing arrangement of 'Whisuer and His Dog.' Instrumental s9loists get their Innings and band's imita- tions of other orchestra styles_are solid. They're tagged as suiy Symphonies.' . . Miss Sothern (Pryor's wife) does nicely with three ballads in the clos- ing spot, after some friendly patter with hubby. Tunes are 'Deep in a Dream,' 'Song in My Heart,' and "But You're Sweu!' Unit's other chir^er, Lane Truesdale, blonde looker, reg- isters with 'You're Not thfe Kmd of b Boy for a Girl Like Me.' . BiU's opener Is Suitoiy Rice, whr scores with speed tapping. Next spo is taken by Emmett Oldfield an Eddie Ware, who garqer laughs wit hoke aero stuff and pantomime. Biz good opening day (24). Eck. Wednesdays, March 1, 1939 VARIETY HOUSE REVIEWS VARIETY 4S PALACE, CLEVE. Cleveland, Feb. 25 Do»« Bene** girlt. Owe Chase riidetjhe & Ashour. Rot/ Holbein Wilre Bros. (3), Cinel5 it . 'suave swing'— has taken place with him easily and effectively. He's retained a flock of his old trade- marks, particularly the keyboard wizardry winding up with the in- evitable 'Nola,' and at the same time caters to the modem . Idiom safely and sanely. It's not the beating, blaring type of music, but a melodic coimterpart that soothes the ear and tlneles the feet at the same time. The old Lopez tradition is plenty evident at the comers, and he's wise in staying right on the fence, pre- pared for the Dusb in- the other di- rection when the time comes. For the swingsters he's , also . carrying weight particularly in that bundle of human dynamite named Betty Hut- ton. Vocal and physical energy of the gal is dumbfounding and she's bread and butter to the jitterbugs. In addition, Lopez has a flock of first- class soloists equipped to jam their way to town, which they do on sev- eral occasions. So he keeps the two styles well balanced and pacifies both extremes In music appreciation. Show starts with Umbrella Man,' then goes into slick arrangement of 'Swinging with the (Soons,' featuring a socko clarinet quartet that leads into Danny Grayson's (New Acts) hoofliig session. Lad mops up easily with his loose-jointed legmania and sets things nicely for Patricia Ellis. The cinema ingenue's developing into an okay song stylist and knows how to use both her voice ai\fl oody. What's more, she packs Plenty of s. a. iii that strapless evening gown, and sails through four numbers. "You Ap- peal to Me,' "My Heart Belongs to Daddy.' "Cant C^et Started with You' and 'Sing for Your Supper.' Lopez follows with a hot clatter of an original composition, "Napoleon Bonaparte.' which gives drummer Johnny Morris a . chance to go to town, but could be. shortened to ad- vantage, and then shoots right into a medley of 'Deep purple.' featuring Nick Pisani's educated fiddle, "You Must Have Been a Beautiful Babv* and Thanks for Everything.' with Dick Wharton stepping down from the stand to warble the latter. Guitarist Is all right for sound, too. Mob's ripe for laughs at this point and they get them from Abbott and Costello. Comedy stars of Kate Smith's radio hour grind out 10 min- utes of solid guffaws with their bright fresh material and^ unlike the usual radio teams,' boys know what to do on a stage as well. Steady click all the way and had to prettr- Please to get away. Their exit sits Lopez down at the piano for a ses- sion of his. .crackeriack flngerwbrk and his final flourish Is the cue for Miss Hutton; She winds up the show, where she belongs, because following her would be too tough. Blonde bombshell gives 'em "Where Has My Little Dog Gone,' 'Old Man Mose Ain't Dead.'., Eddie Rosenwald house band; 'Am Criminal' (Mono). 'Headleys at Home' (Indie). . Good variety here this week, opening with a slightly dance fiash 'and closing with a peppy acro- adagio group, (^medy department is . handled by Bert 'Walton, next- to-shut assisted by his pale singing stooge. Though this act has visited here many times. It still wows 'enk Walton also mx. s weU. Jack Lenny and Statler Twins un- load laudable taps.' Girls' costum- ing aids, they worlc well in two-'pre- cision numbers with . Lenny and once on their own. Lenny is easily best of the trio, and his solo bit cli- maxes the turn. Three Harvards follow with com- edy juggling. - They handle the clubs smartly and offer a diversified, fast- moving routine. Obviously no' sure- fire comedians, they intelligently handle that phase of their work lightly. Randall Sisters, formerly with Al Pearce's radio sbow, swing "Rhythm in Nursery Rhymes', 'Alexander' and' -"Old Apple Tree.' Tunes are well arranged and they have to en- core. The encore, 'When Pa Courted Ma,' with comic Interpolations, is- their best number. Variety Gambols (7) close the bill with acrobatics and adagio stuff. They're four boys and three girls. (3ood, clean-cut act unfortunately, unable to do their trampoline work here because of an injury to one of the boys. Fox. FOX, PHILLY Philadelphia. Feb. 24. Artie Shaw's orch (14), Helen Forrest, Tony Pastor; Craig & Rich- ords, Robert Williams & "Red Dusf; 'Tailspin' (20th).. The Fox theatre resumes as a vaudfilmer this week with a sfnash stage attraction backed by a much- baHyhooed pic— a combo that packed 'em in opening day. Artie Shaw's name is magic at the b. o., bringing the kids in droves through the wick- ets. Night biz, a sore spot at the Earle, was also away above par on Friday (24). Shaw's gang comes here fresh from the historic 'battle of swing' in New- ark. They received a riotous wel- come at the teeoff show, but the crowd was much .better behaved than the jittcrbu|: fandangoes at thia Earle. They applauded and whistled after each number, but there was lit- tle of the stomping that used to mark the Earle shows. . The swing cus- tomers seem a little overawed by the more sedate surroundings at the Fox. Band opens on a moving stage with Shaw's theme tune, "Nightmare,*' the leader out in front piping the high ones on his clarinet Crew then swinjgs out with the choicest morsels in the Shaw bill -ot fare, 'Carioca^' 'Shoot the Licker to Me, John Boy,' 'SofUy as a Moming Sunrise,' and The Chant' Tony Pastor and Helen Forrest handle all the vo^l work and ca- pably. Former does a snappy bit with his lone number, "Indian Love CalV Miss Forrest a willowy lass,' had to swing three songs before they let her get away—Deep Purple,' t Cried for You,' and "Old Folks.' Tlie last one Is particularly socko. Shaw's crew finales with a hodge- Sodge arrangement Including "Bel llr,' "Joseph, Joseph,' a couple ot Russian tunes and a -few Ylddldi froellchs. If s an almost Identical bit to the cinrtainer of Benny (Soodman, who appeared at the Earle two weeks ago. There are only two outside acts currently. Craig and Richards, a young shag team who seem a bit weak in routining, and Robert Wil- liams and 'Red Dust' dlever animal act Williams had trouble getting the Shaw-hungiy crowd with him, but once his pooch began acting up he clicked. Shaw handles the show well, giv- ing virtually every musician a chanc* to strut his stuff. Les Jenkins, George Arus, Sid Weiss, Chuck Pet- erson and drummer Buddy Rich get across easily. It's Shaw's first visit to Fhflly since he scaled the diszy heights, his' only previous appearances here be- ing at college proms. Shal. EMBASSY, N. Y. (NEWSBEELS) Editors at this newsreel houso show neat skill and Ingenuity in maintaining audience Interest in news matter handed them by the' newsreel companies this week. It took considerable trimming to pack' this maximum number of topics into Its running time and make up for dearth of Intriguing stories. News- reels still focus attention on Franco's victory In Barcelona and the sweep- ing operations that pushed loyalist forces over the French border, or into a narrow strip near France. Both Fox Movietone and Unlvers'al tfve It adequate coverage, latter andlng varied footage and most gripping scenes. For runner-up spot Embassy staff has strung together a series of war' preparations and similar Mars-llk« stuff. News of Day supplies photo- graphically thrilling shots of cavalry maneuvers near Fort Bliss; plans for building air defense are explained by U. S. army general (U and N. of D.). Universal also displays trim pictures of a 42-pB8senger plane that's supposed to- give U, S. air supremacy. This reel also covers the tank parade up Broadway, N; Y, and loading of planes for France. N. of D.' shows American plane fac- -~- tories working overtime filling con- tracts. U also shows Chinese New Year celebration In N. Y., linking It up with drive for funds in Sino-Jap war. Paramount has first actual news- reel pictures of crowds and scenes in Rome following the death of Pope ' Plus. The only other Item that matters much Is - the handling of the two world's fairs. Universal shows the opening of the San Francisco show, while - Fox has Billy Rose and his beauties in a ceremony at the New York fair site. Same reel also does a trim job showing how the electrical Voder machine creates hum?.n speech, at the Frisco exposition. Pathe ex- plains how Chicago Is progressing on its new subway. Roosevelt is shown starting on his battleship cruise and making a farewell speech (N. of D.). . Jack Dempsey. an(b Jess Willard are depicted clowning in Florida by ' ' Paramount reel backing this up with library clips of the Toledo title bout ' that willard lost Same newsreel preludes baseball training camp pic- tures with past-season diamond scenes and then comedy views of the . school for umpires at Washington. Par also remembers the anniversary of woman suffrage. A polo fatall^ in a match In California is ca»Pht by Fox. Wear. 46 VARIETY Wednesday, March I, I939 NEXT WEEK (March 3) THIS WEEK (Feb. 24) Numerals in eonnectlon with bill* balow indieate opening day of ahow, whetlior full or split week NKTI' YOBK cm State m Milton Berle Mary Jane Walah Jo* MoirlsoD Smart Set Al Gordon Co 6 Janslaya WASHDTOTON Capitol <8) Rhythm Rockata Lathrop Broa & I> Hariorle Gatiuw'rth Trlxla Prank Albertson Ellaan O'Connor Ken Wltmar NBW YORK cm PaniinouDt (1) Hal Kamp Oro Tony. Martin Troy Sc Lynn Paul Sydall Co CHICAGO rbfoxte (S> Roger Pryor Ore Ann Sotliern J ft L Bailer Jarkle Oreen State (S> Ultzia Oreen Toy * Wins Britt Wood 4 Pranks HIBBIKO Slat* <3^) Major Bowes Co OKA HA Ofvlwam O) Tan Oait>er Ore ST. CLOUD FanmouBt (1). Major Bowes Co TIRMINIA Stat* (IM) Major Bowea Co SEW iroiiK com Moale Hall (2) Dean Murphy Sara Ann McCabe Ted Lester Rockettes Corps de Ballet Brno Rapee fjymph BOSTON . Keith (£-S) 4 Novas Smoothies Herman Hyde Co Don Rice Saul Orauman CHICAGO Fala*e (S) Blackstone Bobby Brean (it) Chester Hale Ola Bdna Jauls Sid Marlon Co CI.CTEI.Ain> Falac* <3> Sddle Duchln Ore (24) Chaz Chase Luolenne & Ashour Rolf Holbein Wlere Bros CInda Glenn West & McGlnty COUJHBIIS PBlaoe Artie Shaw Ore Williams & Dost (24) Vincent Lopes Oro Patricia Ellis Betty Hntton Abbott * Coatello WA8HIKCTON Bade (3) Beatrice Howell Coquettes Emerald Sla Caaa Daley Qae Foster Qla (24) Eddie Dachin Ore VEW YORK CITY Boxy (3) Peir JitK Bates Henny TounRman Plorcnre & Alvarez On* Foster Gla Paul Ash Ore ATLANTA Boxy (4) Don Franclsro Barr £ E.ites Ward & Van Kay Unmlltnn BALTIMORE Hippodrome (3) Vincent Lope:; Ore Betty Hullon Patricia Ellla Danny Drayson Stntr (2-4) Mart Duo Golden & DeRlta Everett ft R Rev (C-S) R * V PIckert CHICAGO Oriental (3) Jordan 3 Roy Rngscrs Ted WoMman & 3 HiPkey Bros & A Bob Kins I BaniuclH & H OD. ISLAND Capitol (3-3) ' Folles D'Amonr HABTFOBD State (1-S) Bill Robinson LoulS' Armstronc Or NEWARK Paramonnt (3) Mai Hallot Ore Red Nichols Ore HASTINGS BItoU <4) . Follea D' Amour INOLINAPOUS Lyrlo (3) Benny Goodman Or Walter Dare Wahl Eunice Hcalev (24) Tommy Dorsey Ore Lowe, RIto Sc S Mary Jane Orown LAFAYETTE Blars (4) Calllncr All Stars -MEMPHIS Orpheiun (3-0) . Jim Luncefonl Ore MILWAVKEE Rlvemlde (24) Red Donahue Jack Leonard 2 St. Johns Una Cooper Cath WestOeM Jane Turner H'wood 12 NEWARK Bbabert (8) John Boles Steven Evans 12 Aristocrats Barry, Breen tc W Bobby PIncus ' PATBB90N HaiestIc (M-S) 3 Waltons Chappelle ft Reyde Trade 2 Brans ft Mayer Ted Adair Rev <3-e) - (Three to flit) Ra.v Wllbcrt Stone ft Victor Rpv PmLADELPHIA Carmea (3) Ben Tost Co _ Fnrs (2) Payne ft Foster Paul KIrkland Art Mathuea Bob Carney Co Pat Johnstone.. Lonergan Ola PITBIAN Bfoadw'r (4th onlyy H'nr'e ft Adams Sis Abbott & Arlene 4 Vespers (One to All)' PBOVIDENCR Bays (3) Lorraine Rogman Loyls £ Van Inga . Nelson Flagg ft Arlan Victoria Tr Playlwase (1) Bozo Snyder Francis Renault Roger Donnelly 4 Arleys . STAMFORD Palace (3-4) Goodrich ft Nel-- R ft V Plekcrt Carlton Emmy Nick Luras ' Lew Pnrkcr Co Ted Adair Rev IBKBE HAITI-. Iniliflna (2-3) Calling All SUrs Provindal Week of Febnuty 27 ABERDEEN TlvoU Loll Park Gladys Church . Young ft Rellly 3 Aberdonlans KDINBimCH Boral Bower ft RutherCrd Velvey Attwood Chris Ambrose Peggy Carrington Stevens ft Marka Foster ft Clarke Bettlna Rlrhman Pearce ft Grnnden LoDis Barber Co . Olive Miles Don Lewis Bobe Phillips GLASGOW PaWUoB Elmer Cleve Jack Joyce Go Prince Mercado Co Jan Van Albort ft S Marianl Co Elroy Rene Made Co Peter Stnclare Co UVBBPOOL Shakespeare Bill Campbell Co Sybil Stanford Co Harold Walden Hylda Baker Edna Ashby Tracadero Beet. Gaston Palmer Ken Harvey Stone ft Lee Raymond Newell' . Ehime Adam ft Tree Ore Cabaret Bils NEW TOBK CUT Anaaada's Baddy Clarke Ore Marie Spauldlng Dick Chapman Baner aallaat's Frank Craven Angela Velez Carter ft Bowie Tom Patrlcola Joe Howard Clyde Hager Mangean Tr Delia Llnd Emma Francis Lulu Bates Willie Solar Harry Armstrong NOW TOURING EUROPE MARION DANIELS VIA MARK J. LEDDY Nellie Paley Terrace Boys Bm BertoletU'e Angelo'a Rh'mba Bd Elaine Spencer Chita. Bni's Gay tva ' Jim Phillips Florence Herbert Billy Lorraine John Panler John Bllot Spike Harrison Rudy Madison Bin .Qucntmnrer Steven Isles Bemte Oraner Harry Donnelly Arthur Behan Harold Wlllard ' Dob COrtez Charlea Touchette Ozzle Nelson Oro* Harriet Billiard Jay Freeman Oro Willie ft B Howard Andrews Sis Gene Austin Oil Lamb The Jnvelya Debonalrs Mario ft Floria Gloria Gilbert Bob Howard Briek Chib- Don Bruce Oro Jack Laurie Sylvia Joann Frances Leslie Betty Babette Peggy Jansen Dorothy Brown Naomi Slmone Frankie Bartell Bay Janus Pat Rogers Chateau Moderae Paul Bass Oro Gabriel Lynn Russell . Marlon Farrar George Rlson Chez FIreboose Chick Howard Orr ChrlsUe Gillespie Milt Hertb Trio ■ einb IS Jack White Pat Harrington Jerry Kruger Judy Rndle Frankie Hyers Leila Gaynea ' Beala Bt Boys G Andrews Ore Clab Gaavbe Chas Macula On- Pancblta Villa Tarrant ft Dacltn ' Tereslta La MarlU Pedro Valll Felicia Florea Maria Del Carnipi, 3 Gauchoa CsttoB Chib Cab Calloway On NIcholaa Broa Berry Bros W C Handy Dandrldge Sis Slater Tharpe Mae Johnson Tlmmle A Fredil. June Richmond .llgsaw Jackson Vodery Choir } . Diamond Borseslm. Noble Slssls Orcr Don McOrane Orr Fritzl Schelt Buddy Doyle I Frank Ubuss BUzabeth Murray . Et (Alco Ellseo Orenat Ore Fantasia Novla- Joylta ft Maravllla Romero Gomez Pamiita Domlnguez Dorlta ft Valero Bl Marocca Ernie Hoist Ore KamoBS Deer Charley Barnet Oro Nan Wynn Hazel Scott Creeawleli TlUaga Don Ravel Ore Dorothy James Roslta Royce Dolores Farrls * Mata Monterla June Havoc t Musical Maniacs Tommy Bruno Benny Martini Joe lAne « Village Glam' GIs HaTaaa-HairM Nano Rodrigo Ore Juanlfo San'bria Or Ceaar ft Lydia Corday ft Trlano Roslta Ortega Diana Del Rio Bickaiy Hoaaa Jo* Marsala Oro Hotel Ambassador Dick Qasparre Ore Vincent Bragala Ore Happy Powers Marty Golden Rosalean ft Seville H'tel Bdmeat-Plasa Joe Venutl Ore Adrian RoIUnl t Lucille Johnson Hotel Blitmora Horace Heldt Ore Larry Cotton Bob McCoy Lysbeth Hughes Art Carney Red Ferrington Henry Dick Jenn Forney Hotel Comi Sammy Kayo Ore Hotel Edisea Gray Gordon Ore Ruth Bradley Hotel Bases Hoase N Brandwynns Ore Dale Sherman Hotel Got. Ollalaa Eddy MayeboH Ore Betty Gala Hotel LtarolB Jan Savttt Ore Tllo'a Swingtette Hotel MeAlplB J Messner Oro Raclmo 3 Hotel New Torhe> Jimmy Dorsey Ore Lyda Sue Bob Rlpa Mark Plant Duval Helen Myera Hotel Park Cenlrm Curl Houck Ore Enrico ft Novello Hotel Park Lane Freddie Starr Ore Bob Lido Al Harrla Hotel PeansylvnnHi Ben Bernle Ore Dolores McKaye Mary DooMy IQulntonea Hotel Pierre ! Harnlil Nagel Oro Hotel Plaz» ' Jack Marabard Ore : N l>'AmIco Ore '; V & O Ilartmnn Jane Pickens Hotel RoooeTOl* (auy Lombardo Ore I Hotel Navo>--Pla«a I (Irrry Morton Oro ' Ulldegarde I Hotel St, MorKa Basil Fomeea Oro June' Forrest Manya ft Zanetto Hotel St. Beau (IrMlBm Boom) Charles Baum Oro Som Jarvls- Erie Heller .Tana Nicholson Don Marten Oro Simpson Sla Dorothy Lewis . (MahieBoHo .BooM Mathey Ore Eya Ortega Boris Belnstozky Serge Abagoll Hotol Tan Rnoch Mght Oro Pegxy ' felann Oorce nines Smith Howard Light Brigade Hotel Waldorf. AatoHa (Kmplre Bean) Glen Oray Ore Lurelta Lee Maurice. Hotel White Iiou Lang Ore Nancy Noland Prank McFarland MIml Francis . Jlmssy Kelly's Joe Capello Ore Inga Borg Gladys Faye Prliiceas Aloma Mary Lane Tanya I.ee Leslie Curler & Schaub Terry Shannon Pee;;>- de la' Planto Vflli»rle Vance. Monlmartre Boys Danny Hlgglns Sid Mawklna Vaugh Comfort Gonz'lea ft Christine John Rockwood Gene Waltera tana Rddle Davis Ore .ToKopli Smith Ore Orazlella Parraga Le (.'eq Roogo Geo Stemey Oro Anne Frnncine Tlsdale 3 Lo Ulraso Ray Carnavan Oro Reed Lawton Powers, R'berta & B Le Bobas Blem Herbert Jacoby Alleen Cook Marianne Oswald Marie Eve Mabel Mercer LeoB * Eddie's Lou Martin Oro Rags Ragland RunKell Trent J Harold Murray. 3 Playboys Ginger Manners Maurice ft Betty Ada Alvarez Wally Wanger ( Andrew Sla Balabanow 4 Haines, Beat ft B Little Club Roger Steels Ore Frances Williams Agnes Dwyer Scat Powell Jack Osterman Meyer's Cellar (HoboVeB) Howard Ulolne Rosaline Lewis Martha Kovaca Gypsy Lopez Barbara Eyion LydIa Ehrenberg MldBlglit Baa Buddy Wagner Ore Clilqulta Vonezia Geraldlne Roes Mildred ft Maurice Mary Johnson Sylvia McKay Has Paris Charlie Murray Oro Mary Cohan Jimmy Rogers BIoBto Cario Ted Siraeler Oro Bob Knight Oro Lee Wiley Dick Smart . Onyx Clok John Klrby Ore Judy Cordova Teddy Grace Leo Watson paradise Vincent Travcrs Or FlacO' Elegaats Bill Farreli Benn Kaut Tommy Mills Joe White Wally Sholan Leo Laaaro .Oro Qoeen Mary Joe Ellla Ore Eileen Mercedes Balabow: UrIU McFarlands Ore Judy Abbott Marlynn ft^ HIcBaet RalBbow Room Ruby Newman Oro John Hoyeradt (lower ft Jeanne Eddie Le Baroa Ore Joan Corkier Bsalaa KretcbBW Mlaba Vzdanolt Nastia Pollakova Darla BIrae Mamsla Sava Hermino Michel Claudia Capellova Senia KaravaeS Michel Michon Serge Ignatenko Volodia Kntov . Genia Pobedlna Show Bar (Foicot Hills) Sleepy Hall Oro Carol Horton Patricia O'Day Marcia Hunt Bill Hansen Btork Clnb Biehard Warren Or Jose Lopez Ore Eleanor French TorsaUles H Berxere Oro Basohlto Ore Deane Janis O'Avalos Oancen VUliuro. Bara Teddy King Oro Patay Ogden Bryce Santry Gwen Williams ThBTSton Crane DeMay, Moore ft M Texas Jim Lewis LOS ANGELES Beverly WUshln Bray Sla Howard Gerrard Harry Owens Oro BDtmoro Bowl Annabelle Jerry Stewart Sunny O'Dea Hank the-Mulo Hal Darwia Frakson Moray Amsterdam' 3 Blltmorettes Shep Fields Ore Cate Callento ' Diana Castillo Julio Gervaute r,eo Luz DasQuez Eddie Agullar Ore Cafe La Mazo Park Ave. Boys Mnxine Sullivan Mutly Malneck Ore crab Ball Pharlcn. Lawrence Brux Fletcher Clnb VenalUea. Jerry Lester Diane Denleso Theodores Mas PIdlcr Ore Coroaant Grove 9 Abbott Dancers Rnt^Hell Swann Freddie Martin Orr . Earl CarroB Paul Gerrlts Arren ft Broderick. A Robins Harrison ft Fisher Vivien Fay Susan Miller Beryl Wallact . 3 Sophisticated Gla Dorothy Oerron Reginald Craig Den lee Archie DIeyer Ore Horeatlne OardeB Maurice KosloS Co Emit Baoso Ore Prank SeboatlaB'B CobnBola ' Bduardo Chenez Roy Del Ore Grace Ilayea Lodge Grace llnyes Llnd Hajea Joo Frisco chnrllo Fey U & J Hatch Ore nnuralinn Pandhie Lorcttn Walker Dnve Marshall I'rlnrewi Luanna Andy, lone Ore Indigo Cafe Sid lirowii Jimmy Kllnrd Jack Frost Val Harris It CafO Diana Cayle Anlwa Boys Oro Jerry's wt»i«J-t«y Geo Surprenant Jr Neville FleesoB Nonle Mitchell Hal Chancellor Oro Jimmy Kerr ft Boys flttetbag HoBSs Doodles Weaver Bob (Killer) Dado Hello Demons Peggy Dale La Conga Don Jeri Spike Featherstono Tommy Wonder Jerry Gallan LaCnga Rh'mba Bd Lake Shore Cafe Terrls ft Masters Bob Belnsco Ore . Little Clab Jane Jones' Tiny Meredith Paul Kendall Walter Dyson. Little Hnngary Valeseo's Gypslos Marcel La Haze Leonard Keller Ore Marcus Daly Kay Gregory Joey Lee Ore Omar's Don«^ Kenny Gardner Edith Davis Lois Graham Hal Brown Ted Welle pre Patomar Bennett Sis Leslie's Den Donna ft Di - Hudson Metzger • Clyde. McCoy Or Paris Id a Dolly Hobson Dosolnlo Beth Love Dorothy Beck Thora Hathlasoi Anita. Clark Marguerite ft U Ken Henryson Chuck Henry Oi Seven Seas Danny Kawanni. Ray Silver Lillian Gibson Al Mclntyre Bddio Bush 4 Slapsy llusk- ■ Slapsy Mnxle Jack .Waldron Joe PlotUsi Andy -Sorrclll Virginia Mnthcwi Moore ft . Lewis . Tommy RelUy Or> Bonterset Hoaso Harry Rlngland Art Tatnm Jack Owens Lynn Martin Stage '1' Cafe Cully Richards Shemp Howard 4 Siiulres Swanee laa Gladys Benlley Walter Johnson Blraer Arlett Jon Jackie Cherry Marjoria Raymond Marjorio WaldOB Dolores Oayle Talia Dorothy Brandon Chuck Foster Oro Victor HBgo Charlie Boome Sktnnay KUnla Oro Carmine CHICAGO Ambassndor Hotel (Pomp Room) H McCreery Ore BoU Ball Ralph Cook • Louise Shannon Billy Storey Mildred Parr JImmIe Green Oro BISBiarek Hotel (WalBot Room) Art' Kassei Ore Marlon Holmes Betty Grey Frances Wills Billy Learli Darlene O'Day Blaekkawk Frederic ft Yvonn Bob Crosby Ore Terry ft Walker Marlon Mann Dorothy Claire Gil Rodin Don Pedro Qrc Orrin ft Betty BlackaloBo. Hotel (Ballnese Rm) Pllner ft Earl Ore Mildred Fenlon Bloo floose Evelyn Waters A I Lauo Melody. King Buck Hum 4 Hits a a Miss Brovoort Hotel (Crystal Room) Florence Schubert . Charles Baldwin Grace Katrol Norma Ballard BroadBOBl Herb Rudolph Oro Wanda- Benson Flo Polus Elinor Johnson JImmIe Reld Sylvia Tucker Jack Reld Betty Jerome Evelyn Harris Lollta Mert Lund Ore Bdgowator Bcaok Hotel (Hsriao. Besa) Mary Fran Sackley Eugenia McOee Ramos ft Nanette Stuart Frazer Jay Mills Oro. Harriet Smith Ols 8SS CiBb Eddie Varzos Ore Luclo Garcia Johnny Howard Carlos ft Mercedes Grace McCarthy El Danpo 3 1,0080 Screws Laurene No Vol Hay Stiles Shirley Handler Ray Sllebera Oro Sam Badls Peggy Lester Dot Keith GIs niBioas Door Bsthor WtritUngtoB Bryan Wolf Florette Sis Danny Ross June Thompson Al ZImmey Al Morley Ore rraako'S CaslBO Phil Barnard NIcki ft V ColUns Joan Glynn Blllle Fane- Connie* Rosa Jean Moore Casino Gla Dirk Hnrdin Buddy KIrblo Rocke Ellsworth Bob TInaley Orn Oar Ms Lew King TIP, TAP and TOE Ta4 Fnsir Fr Joe Vera (PompellsB Bm) Irnng MargralT Drake Hotel (Geld Coast BoiHwi Wayne King Ore June Lorraine Poul Gordon Robert Neller Bob Rich botch's John BIIIoll Carlos ft Dolores' Mllllcent Do Witt O'Orady 2 Helen Green l< Chleagoaos Sandy Debon Bob 9anden Jr Oro Gmad Tenpae Jean Brady Tondelaya ft Lopes Dotty Solten. Ted Smith Leonard Reed Ols F Henderson Oro (OlBsa Hoasa Baal Toaaty Pall Oro Carl Bock Maxine Kirk Lorraine Voas Harry's N T Cab'ral Roscos Alls Betty Lewis Del Ohrel Tommy Jones Renee Villon ° Chas EngelB Oro Art Buckley Al Wagner Blllle Myen Lee Berling Dorothy^ Johnson HIcIiory laa Kay Dare Joan ft Eddie Tom Garvey S«-lngcopatora Ore HI Hat 3 Llnd Bros Roberta Rober s Helen Carol Ouanos Allen Gale Kretlow Ols Sid Lang Ore HIppodroBM Paulette LaPlerre Bobby Dan art Janet ft Loretta Blllle Banks Jerry Glrard Grover Wllklns Ted Pearlman Olo Joe Hahn Oro iTaahoo Helen Snmnera if Iloe MunaoB 4 Hawallana Earl Hoffman Ore I/AWoB Mary W Kllpatrick Kuseblo Conclaldi Don Quixote Oro Ennio Bolognlnl Or Hotel Lm (telle (Mae Front Boooi) VIbra Stuff Smith Oro Oladye Madden Jonah Jones Liberty Inn Laurene Novelle Millie Erdman Dick Hugos Colleen . Koranova Pam Adair JImmIe O'Nell Barl Wiley On- I'lBMhOBSO Bob Tank Oro UcGraws Al Copeland Lillian Barbeaux Eve Bvon ateen Bright i.ixio Dee Avis Doyle Phil Chlnnrd Chuck Andrews MeiaogMlns Irv Doernfleld Jerry Gerard Ruth Dean Val Brwin suit ley Ray Jules Novlt Oro Holody Hin Tiny Hill Ore Allan DeWltt Harold Qsboroo UllMoBO Ann Millstone Flo Whitman aa:e Lawrence Betty Harris Delia Bartell Jack Roland- Ore Nyra Lou Muriel Joseph Slssle Robblns Genevieve Val Sharone Ulnnot Clob Natasha . Olga Anton Lew Broek Marge Oayln Art Fisher Ore HonlseB Hotel . (Hostoa Oyster Hoaao) Uanfted Gottholt Naiaeless Cafs Julian Stockdnio Sol Lopez Ore . Ona Mayo Carole Cleveland Margie Strong Evelyn Reed Bd Leon Napipo Oardeas Lois Hallen Geneyleve Jacyaa Helen Coyle ' Vivian Hall Jean ft Wharton Frances Van Juno West Sally Sharratt Roma ' Noble Sol Stocco Oro OM HoMelbers Old Heidelberg Co Octet ' Robert Kesster Winn Stractae Herr Louie ft W Herble Ore Paddock Clab Dick Buckley Patsy Thomas Kay Carol Jay Hills Esthsr Madden Lee Francis Oro Keith Ols Palmer House (Empire Room) Orrln Tucker Ore Franklin Crawford Joseph Coskey. Paul LePaul Jack Williams Jose Castro Beverly Allen Maehle 2 Abbott Dancers Phil Dooley Oro Parody Clnb Freddie Abbott Marie Thomas Sarah TIebold Eddie Jaxon Oro Boss. Bo;nl Ina Ray Hntton Or Joe ft J McKenna Elaine Merritt Oladya Palmer Patsy O'Mara Beyale nolica Dolly Kay Uddle White Bartel-Hunt 4 Evelyn Farney Jack Hllllard Al Trurk Ore Hark Fisher Ore Jack Billiard Frolics Ens Nismaa Botal (CoDSflO IBB) 4 Woodsons Dorothy Dawn 4 Jitterbugs Carl Marx Prince Omar Al Trace Oro Dome Shirley Lucko Spinning Tope Tbny Marks Estelle Creasy BUI Baird Sunny Mack Louis Tops Jimmy Blade Jerry Gllddon Kay Nichols Sllhouetle Ann Clelm Joey Conrad Oro Bllror Clood Jimmy Ames 4 Commodornbtes Katzy ft Kay Saxon Sis Bob Barnes Flo ft Arby VI Gore Sam IJarl Rhythm tils Hazel Zalus Nord RlrhardsoB Johnny McFail Ore Silver rrellcs Joan Dawn Balalne Rabey MIckeySharon Stan Walden Abbot Carroll Fay Wallace Art Freeman ew Club Billy Carr Miirg Faber GIs Joel ft Annette DIetrlchs Margery Lane Inez Scott Eunice Hill Aloha Jessie Rosella Dagniar Dolly sterling Ruby Bennett Patricia Perry Collette Carmen Sol Lake Ore Tripoli 3 Shy Boeket Marjorle Whitney Dictators Matliewa ft Shaw 4 icings Stovoas Hotel (Coatlnenlal Room) Rhylhm Bovs Ore Rod DriRo ft F Byton GIs Sabway Ginger DIx I«ls Moran Kay Marshall Opal Adair Roslcka Cardoz Connie Rogers Edith Rms Billy Kent Henry Ssx Ore SbM-<| Pinky Traccy Jane IjoVonne' MaNlles . Helen Dove Nell Clark Verne Wilson Oro SwIaglBBd H Henderson Oro Viola Jefferson Tbompoon'o 18 Clab Ray Reynolds Joy Kalese Cookie Seldel Bralk Sll- Helen DuWayne Marah McC'urdy Sammy Frisco Oro Three Deaceo Baby Dodds Charles McBrlde Llll Armstrong Lonnle Johnnop (Off Boat Boom) WIngy Mannone Anita O'Day Lennle Balerdall Jimmy McPartland Tower laa Mollle. Manner Brnle Rich Inez Gonan Rhythm GIs 3 Hawallans Frank Davis Oro Town Clob Kitty Ellla Mae DeFele Patsy Adair Hal Barber Marilyn Browa Moo ft Joe Maurice Walker 5 Bebutantes BUl WrIghU Oro Trooadoro Gloria. Romano Adolle St Clair Terry Circle Roy Rankin Oro TUIa Boderao Tony Cabot Oro ' niBona Ctardeas Stan Carter Olgl Rene Doiores Lee Diane Laiawn Jack Adcock Ore Club 209 . Pat Dougherty Princess Zulleka Mildred Boyer Hal Cal Oro El Chico Senlorlla Nina ICalse Carr Ruth Tentpleton Bubbles Shelby Ann Rollins Arlett Withers Joyanne Shear Margaret Marshal Muriel Harrison EI Chlco Oro Joan Tasbman Cynthia Hare Billy Maple Johnny Parrlsli AIna Constant Kay Tolond Nina Oria Carolyn Knlglit Al Moore Ore Pedro Blanco Or* George Clifford Bvergraea Oaslne Beth Chains Joe HlllkoDf Ore 1923 Club Swing King Ore Consuela Flowerton Wednesday, March 1, 1939 VARIETY 47 Tommy Monrot Polly Barrlaon Bia feppo' G'r.*' 1. K»» McCullonith p;iore« Merrill Juno Davl« illtil X>ane Klorenco Holm»n CIIS Conrad Sirlon 4 Wblto Harrison Sl» Pops ft L« Roy Tvonettoa W _ Bobtiy Morrow Or« Androy ft Price 4 Baria Hani* Tavera Alabama Corlnne Bobby Lyong Greta iJiMarr Setty Thonioa aildebrand'a Joe Smyttae Charlie Neld Dolores Merrill Frances Russell Franlile Milton - Bella Belmont Paul & Phylla Dadlne Lydla White Blchard Bacb Bobby Lee Ore Adelphto . (Cafe Hucoety). Frank Caeene Or« Ann Klncade John Devant aordon Smith Bernhardt & O Frank Rand* 3 Suns Dob ADiellna Ore Botel rniladclphia Daniel Crawford ■Wayne Miller Casper ft Bother Bill Harris' Bonnie Stewart De MayoB Tonlo Bradle . Joe Frasetlo Ore Jack Lyoch'a Charles Smith Herb Dubrow Jeno Donath Ora TiBoent Blue Ora Barney Zeeroan Mona Reed Holland ft Hart Dorothy Tanner Jimmy Blake Frazee Sis (2) J Lynch 01s (16) Ghezzls (2) Charles Fredericks Betty Keane I^tlaacr Clab ' 'ln Smith . Knight ft Dae . Sunset Clob Eddie Apple Tie Top Tap Joey Feldatein- Oro Ken Leslie Natalie ft Howard Tillllan Renee Sally Joyce Billy Hubert Town and Ceoatry Olab Robertoa Luclene Virginia Davis Madeline Gardiner Betty Harger Alleen Ronda Edith Rae Toy's Case Landls Oro 2«th & North Club Kay Crandell Oro Trocadero Mlron Stuart Oro Tiny Gorman Sally Danidnd Ruth Phillips Ford ft Barnes Mary Dou Mann Jane Rubey Frank DoVoo Shutta ft Kent Dolly O'Dea WIrtb's Fatnrlstle Bill Schweitzer Oro Jack'Fexer Vallle Jay Oro Maureen Roasr nogan ft Mann Wisconsin Boof Steve Swedish Oro M Merrymaker Oro N!c Harper Oro Tom Sheridan Cappy Lewis Joan Demarls Arnold Dupre honker Gardens Skipper Leone Oro CLEVELAM) Alpine VUlace Otto Thurn Ore DeNove Sis Zang ft Todd Chlqulta Puppets Margaret Aemmer Herman Plrchner Avalon Hy Barron Oro Ethel Mae Myers Bert Gilbert Carol Chapelle Cedar Oardena Duke Melvln Ore Slim Thomas Princess Wee-Wee Prince Albert Susay Brown Chatean Pete GeracI Oro Al Schenck Jean Lee Ann Baron Eight O'clock Clab Bill Miller Oro Sammy LIpman Co Freddie's Cafe Tony Emma Ore Lee Early Frank Reynolds Enid Miriam Kreplowllne .u Len Ensign Hotel Cleveland Manny Landers Ore Walt Bergen Oro Jules DeVorson Jack! Webb Hotel Fenway Ball Wlllard Potts Oro Bottle Allen Hotel Sterling Marty Lake Ore Lucky ft Tracy Hotel Holleadea Sammy Watklns Or Robinson 2 Owynne Parker ft Porthole Pritlkin ft MasoD Botel Statler Dick Stabile Oro Evelyn Oakes Glover ft LaMae Jack * Eddle'B Chick Williams Henry Rubertlha Bess Evans . Dona Wamby Harold Thomas Lindsay's Sky-Club Bonnie Lavonne Marlon Bowen Art Cutllt Monaco's Cafe Jacques Pollack Or Marllynd Maynard Honnds CInb Orvelle Rand Oro Hoathern Tavern Paul Burton Oro Don Kaye Nick Uontomps Ubangl CInb Tommy Barnes ore Jlcrtel Collins Ethel Avery Rose Morgan Sonny Carr FITTSBiniaE Anchorage Hughle .Morton Ore Maynard Deane Arlington Lodge Joe Ravell Oro Laverne KIdd Jack Keller BaKonadea Don Palmer Ore Kay Denton > Bill Green's Sterling Toting Oro Bobby Ennis Ull Dagenals CInb Fetlla Freddie Castle Oro NIta Norman Lowry ft Davis Fanchone Cork and BotUe Jack Davis Eddie Peyton's Joey Hatch Ore llarlem Caelno Sherdlna Walker Ur George GouM Sparky George llhythin Pals Mercia Marquez Willie Knight Ilarlemettes (S) Larry Steele Ozzle Dial . Hotel Benry M Contreras Oro Conchlta Botel Beoaevelt Buddy Russell I Botel Bebenler Howard Baum Ore Buzz Aston Jack Rogers Hotel William Penn (Chatterbox) Bernie Cummins Or Connie Barleau Walter Cummins (Continental Bar) Larry Murphy 4 (GrIU) Bavarians Italian Oardena Etzl Covato Ore Bernie Perella Chlckle ft Ross Phyllis Merle Dick Smith . Betty Nylander New Penn Mike Riley Ore Marlon Miller Maurice .ft Faye Betty Hurst ' Artie ' Dann Sam De Bonis Nixon Cafe Al Kaveiin Oro I'otti Morgan Al Shelleday Collette ft Barry Angelo Dl Palma Claire Ray Gls Not Bens* Al Sherman Jack Lewie Boogy-Woogy Harry Nosokoll < Chet Clark Al Mercur Jim Buchanan Flasa Cafe Jimmy Peyton Ora Adele Curtis Lenore Rika - Moran Sis Billy Cover Blvlem Joe Lee Oro Show Boat Jay Starr Oro Millie Wayne Freddy Billiard Betty La Vonne Wllma Douglas Line (S) Webster Ball - Nelson Maples Oro Buzzy Kountz Will Ward George Weber Unkih Grill Tony Lombardo Art Tagello Frank Nataie Self Shake-up (Continued from page 3) pictures. A fourth way is the pro- duction of fewer films. The exhibi- tors' idea is that a fifth way would be to 'turn out consistently strong features with the. present sameness eliminated. Right now, many majors have in- dicated that fewer pictiires and trimmed budgets will be employed as a solution. Many exhibs claim that the major need is to meet the shifting demand in entertainment tastes. They, as well as distributors and producers, believe this can be done without any Hays production code tampering. While producers admit that some new methods must be devised to re- vive interest in .the screen, there are any number of theories as to the type of story. They must deci(le whether 'escapist' entertainment .is needed or not. 'Whether it might not be a good idea to get more timely stories, having to do with cvuTent national, politico and inter- national problems. It is up to them to make a decision on whether the 'boy meets girl' angle has not been done to exhaustion. Another point they eventually probably wiU have to rule on, whether admitting it officially or not, is whether screen scripters should be allowed to 'write to please themselves and others in Hollywood, or to turn out yams which execu- tives, having to meet the payrolls, think best suited for the world market One crying need today, one top ex- ecutive avers, is to get away from time-honored plots and extravagant backgrounds when they are not backed up by strong stories, direc- tion, casting and. acting. The tend- ency of producers to go in cycles has not proved emininently successful in recent years. Success of one avia- tion picture doesn't mean that copies, made by other producers will prove even partly successful. And besides, the official contends. It sours po- tential audiences forced to sit through so many of the same sort of stories. Same is true of musicals, 'family' stories, gangster films, and the rest BALTIMORE Continued from Page 11) out by p.a. of Lionel Stander, help- ing some at combo Hipp. Daytime action still, better than nocturnal play downtown, with ex- hibs blaming nabes. Subsequent run boys, however, decrying squawk, point to no extra bullish takings for their efforts, either. Estimates for This Week Centory (Loew's-UA) (3,000; 15- 2S.40)— 'Hucklebeny Finn' (M-G). Holding strong, particularly on day- time trade; pointing to okay $12,000. Last week 'Honolulu' (M-G) dropped off toward end of run, to fair $9,200. Hippodrome (Rappaport) (2,205; 15-25-35-40-55-66) — 'Let Us Live' (Col) plus vaude headed by p.a. of Lionel Stander. Making most of good exploitation to $11,000. Last week 'Spy Hunt' (Col), owing it all to extra heavy selling power and plugging of Phil Spitalny and all- girl orcn, built strongly, to almost $14;000, nifty. Keith's (Schanberger) (2,406; 15- 25-35-40) — 'Dark RaDture' (U). Opened Monday (27) after 12 days of 'Can't Cheat HOnest Man' (U) to best biz here In recent weeks; a good total of $11,300. New (Mechanic) (1,558; 15-25-35- 55)— 'Wife, Husband' (20th). Hold- ing good pace to satisfying $7,000. Last v/eek 'Musketeers' (20th) weak- ened after fair getaway, $5,100 the final count Stanley (WB) (3,250; 15-25-35-40r 55)— 'Beachcomber' (Par) (2d wk). Maintaining fair momentum to $6,000 after strong initial session to $10,400. Night Club Reviews STAGE ONE, L. A. (Continued from page 42) neur, Howard does a shirt-tearing turn with Billy Young that's just as funny as it ever was. It's the old gag of meeting up with a pal and moping about the clunk that made off with his frau, then putting on the works to show what he'll do with the boss thief if he ever catches up with him. Sheinp, of course, plays the sucker. Four very unfunny fellows are the Sciuires, who dish up the music via piano, guitar, bull fiddle and trumpet Behihd them is a stage full of props, mostly hats, which they utilize for laffs that don't come. They -should be made to play and leave the horse- play to those who know how. The hat thing should be left for tired businessmen at house parties. Henry Galante is a run-of-the-mine bari- tone. He ivories his own accompani- ment at intenpish. It looks like a losing struggle for the Howard-Edelstein combo imless they can get dancing. Bevhills burghers recently petitioned it under.- No matter how bad the music, or how small the floor, the celebrants must have their terping. It's the shank to the evening's fun, or are they going to change nature. ' To carry out the name, one cor- .ner of the room is a rough imitation of. a picture set. There's table space for 300, but it's a waste of acreage. Minimum, tariff is $1 a head and plain drinks fetch 50c. Helm. ROSE BOWL (CHICAGO) Chicago, Feb, 25: Ina Ray Hutton's orch, Elaine Merrick, Alice' Kavan, Joe & Jane McKenna. With the Ina Ray Hutton orches- tra, the Rose Bowl inaugurates a name policy and ups its budget above the $2,000 figure. It figures to do business. Miss Hutton's crew is a novelty In a spot like this, but must learn to mute a bit as the present brass setup is too forte in a small room like this one. No need for all that blasting, especially with the p.a. system. Orch 'works hard, as does Miss Hutton, and they figure to gather favor and patronage. Do a work- manlike job of a short show and then toss off some real danssapatlon. Elaine Merrick is the singer with the band and is in addition to Miss Hutton's warbling. Miss Merrick is on for a quickie and specializes in swing tunes which she manages to get over well enough. Joe and Jane McKenna never ap- peared to better advantage than they do in this circumscribedf area. The audience is right on top' of 'em and the team's knockabout and pratt- falls are very effective. The audi- ence can almost feel the bumps this team takes. As a result the boke knockabout registers solidly. For excellent dance work there is Alice Kavan, who does a particu- larly impressive job with her Span- ish cape number. It has grace, beauty and excellent handling. Miss Kavan has a fine ap))e'arance on the floor and her work is far above nitery par. She opens with a snappy tap routine that Is pointed and ef- fective. Gold. VOGUE ROOM (CLEVELAND) Gwynne, Robinson Tioina, Rov Parker & Porthole, Pritikin & Mason, Sammy Watkins' orch. The HoUenden Hotel's Vogue Room is getting an edge on the reg- ular niteries and is stealing a measurable amount of their trade with its new Saturday luncheon shows. Dropping stereotyped ball- room teams, Dick Marsh gives his current opera . a double shot of vitali^ in form of a ventriloquist and magician. Former is Ray Parker, on his initiial safari here with a dummy tagged Porthole. Patter is so acutely bright and stooge's own gestures so uncanny that audience overlooks the obvious mechanical phases.. Gwynne fills the magic bill with a set of illusions that are more am- bitious and flashier than -the average presto acts seen here. He pulls them off slickly, building up the stock rabbit' and chicken-disappearances with two assistants and flossy cab- inets. His silk work seems just con- ventional until he does his original specialty — conjuring a bowl of live goldfish out of a scarf in the middle of the small floor. i Red-headed Robinson Twins whip out speedy jitterburg steps. Girl is cute and the two mix smart acro- batics with a rube-costumed parody on farmer's daughter that lends variety to their performance. Priti- kin and Mason are sandwiched in for a dash of instrumental music, doubling between sessions around tables. Sammy -Watklns' dansapatlon is ideal for the intimate room. Pullen. BLACKHAWK (CHICAGO) Chicago, Feb. 28. Bob Crosby orch,- Marion Mann, Dorothy Claire, Terry and Walker, Orrin and Betty Lou Wellington. From near and far come the hordes of shag-artists to stomp awhile to the swingeroo of Bob Cros- by. For the Blackhawk is the home ' of the agile youngsters who never get tired and who have iron-plated ear-drums. For them, the Crosby orchestra is meat and drink, pudding and pie. They jam the rather small floor, and pummel each other around by the hour, apparently never weary- ing of Crosby's red-hot rhythms. Since they come primarily for the hot licks of the Crosby outfit they aren't too critical of the - so-called floor show that is dished up to 'em. It holds little in either quality or quantity. Terry and Walker are a man and . woman comedy ballroom dance team with little comedy or novelty. They have a certain exhuberance. The jitterbug team of Orrin and Betty Lou Wellington, who shag around for the show get-away, would have trouble topping some of the kids in the audience. Two singers are in the show. Ma- rlon Mann is with the orchestra. She has a capable and strong pair of pipes for the pop tunes, but could . use some Improvement in wardrobe. Dorothy Claire is a little singer who shags around the microphone to put ■ .over her numbers. It so happens that much of th« ; view of . the floor . is obstructed by large posts. Maybe it's for the best Though it's rather silly for the Blackhawk to put something like this on, and then sit back smugly, con- vinced that it Is giving the customers a floorshow. Crosby's orch Is the real reason for the Blackhawk's draw at present. Crosby has. <;ome along far in the past year and there is every evidence that he is continuing on the upswing. He's to be commended for giving his musicians opportunities tb share plenty of the spotlight for solo work. Cold. CASINO, L. A. Los Angeles, Feb. 23. Cook & Key, Lea wynn, Les Dunn, Fronfc Worth, Felicia, Lela Cross, Mozelle, Russ Jtfartin, George Will- iams orch (17), Line of Girls (6). This favorite slumming spot of Hollywooders is deep on the wrong side of the tracks. (Operators prefer to call what they strut across the dance floor burlesque. If that's what it is, then this generation wasn't bom too late. Acts are - strictly from hunger and right out of the com field. ' Joint make no pretense at anything but catering to the Main street mob, and fusses up things for the orchidaceous ladies who come down to see how the other half gets on. Burley takeoff Is in the chorines and comics. It's a poor imitation of some of the shows of the old wheels. Routines are of ancient vintage and the funny fellows be- long lust where they are. Soot is a springboard to theatric oblivion, Pealers and warblers are all over the place and bad, too. Spot right off the street can rustle up accommodations for 350. It's flanked on one side by a bar easily a block long. Everything else is In keeping with the locale, where a bodyguard is a handy guy to have around. Just a piece down the street from the burley houses, it's a sorry com- mentary on this form of s)ert and Sullivan operettas have been done by WFA for several seasons, but mostly away from Broadway and did not affect attendance of the D'Oyly Carle group at the- Beck. The two "Mikados* will exhibit a wide ticket divergence, the WPA -show having a top of $1.10, while Todd's will be $3:30. Latter figures that his production will be on a higher plane than the reliefer's' and also counts on weight of peifbnn- ers, he having Bill Boblnson in the cast, which will make it a name at- traction. That the two 'Mikados' are virtually the same is not denied. LeaKBe Btay^ BBttte WFA . Todd has applied for membeiship In the League of Mew Yoik Theatres and, if joining the managerial gro, is expected to obtain the support of the League in the probable demand for withdrawal of the WPA show, . slated to play for at leaft four weeks. The WPA people, too, appeared to have changed their minds about the relief 'Mikado,' which attracted at- tention in Chicago. After announc- ing ' that two local showmen had secured the rights for N. T, they shifted and decided to send the show to. the metropolis under WFA auspices. A number of managers are out of town, because of which a quonmi of the. league's board is not obtainable, but It's known those managers, .who are away have been sent teliegrams asking their opinion 'of protesthig the showing of the relief attraction in competition witti the commercial show. Before re^onses were- re- ceived Todd took down his League admission .'fee money. Although there is divergence In the price of tickets for the two Different Now Havana, Feb. 28. CliiTord Odets was feted last week by the local Keporters Club upon his return from a motoring trip to the interior. Carlos Montenegro, editor of the Communist daily here, was host. Ill 1935 Odets was promptly deported after two hours ashore, when he headed a commission to investigate Machado's regime. AltoD to Stage London Dorchester Show b N.Y^ Sherek's 2 Phy Deak Robert Alton has been signed by Henry Sherek to stage the next show at the Dorchester House, London. Cast is being recruited and will .be rehearsed ia New York, then taken to London in about six weeks. Sherek has also signed Jessica Tandy and Jack Hawkins for the leads in the London production of the Clifford Odets drama, 'Rocket to the Moon.' Miss Tandy is currently in 'The White Steed,' at the Cort, N. Y., while Hawkins is in .'Dear Octopus,' at the Broadhurst, N. Y. Both are English players. The Lon- don rights to two other Broadway shows are also being negotiated for by Sherek, but nothing is definite yet. English showman sailed back to London last week (21).. "Mikados,' matter of salaries may not be as great, except for tite prendent showman, producing a musical called "Top Hole.' It failed to click and he dropped his savings.' For the past two summers his name was attached to contracts for out- door revivals at Randall's Island, but he represented J. J. Shubert In the deal with Fortune Gallo. Caryl was married to Clare Stratton, formerly In musical comedy. Widow and two children survive. Corrent Road Shows (Week of Feb. 27) 'Abie's Irish B«se,' Ford's ^Baltt- more. 'Amphitryon.' os- sibly for good.^ Hitch was the re- fusal of the Dramatists Guild to okay the suggested distribution of the pic- ture rights. Under the proposed setup, Rosen would' have gotten 40% of the rights, with Lillian Saunders, the author, and Eva LeGallienne, who first pro- duced the play at her Civic Reper- tory theatre, N. Y., each giving up 20%.- However, in agreeing to re- linquish her 20%, Miss LeGallienne stipulated that the film ri^ts must be sold within nine weeks of pro- duction. Since 'Hope' wa first done under the old minimum basic agreement, Mrs. Saunders and Miss Le Gallienne each hold 50% . of the screen rights, instead of a 60-40 setup as would apply under, the present basic agree, ment. Guild was figured ready to okay a revised scale of royalty pay- ments because Rosen's share from a possible nim sal would be less than normal, but it refused to permit the author to give up more than the 50% of the picture rights stipulated un- der the basic agreement. Pointed out that since Mrs. launders would -have to give': half Her 50% to the oWginal author (because 'Hope' was aoB^d from a novel), she would have i«tain?d only 5% if she were to give 20% to the producer. OFF TO BUFFALO Opened Feb. 21. "SS. Majecity •f critics hnrrahed- Joe Cock's retom to Broadway, but not the play. Anderson (Jonmal) said It left Cook "a fumy feUow In need of a g«od show.' Coast FTP Flonnders Hopelessly; Schnitzer Takes Temporary Charge Kids Lose Oat Lynchburg, W. Va., Feb. 28. Because so many grownups have been coming to see what was sup- posed to have been strictly a juve show, the Little Theatre here Is do- ing the first holdover business In its history. The piece Is. 'Jack and the Beanstalk.' Put on by the Junior- League as a charity project, show is filled with beauts who. attract predominantly male audiences and make it dlfllcult for kids to find seating room. It has run two weeks already. "Miss Swan Expects,'^ Cort, was paired with "Buffalo' in getting a weak press and was taken off after playing eight times. SBSS SWAN EXPECTS Opened Feb. 20,. '39. Boview- ers labelled Mr ansteady. Lock- rldee (Sun), ^ a wh^e H is pointless and pretty dlasy.' Watts (Berald Trib), 'meohanlcal farce poasessliif arinimnm of wit and hnmor.' Variety (Ibee) aatd, 'deesnH held its pface. UMavor- abte.' 'Jeremiah' will close at the Guild this week, with a limited engage- ment of five weeks. Ambition pres- entation did not draw more than sub- scribers' money. jbbehdah Opened Feb. 3, "SS. Critics ffave this sbart ihtlft. Atkinson (Times) oaUed iti 'Ponderoos and hackneyed drama.' Whipple (World-Tele), for aU its power and strength It will be a voice crying In the wilderness.' Variety (Hobe), 'GuUd sUIl seeks Its first hit of the season. Brief stay.' Coast May Get Town' Hollywood, Feb. 28. Jed Harris is here negotiating for a production of 'Our Town' here and in Trisco. Several local producers are eager to do the Pulitzer prize play. No deal has been set yet for pic- ture rights. Brown Has |1 Stock Idea, bnl Will Stage Benefit to Raise Coin a permanent stock' company, oper- ating on a. subscription basis with' a $1 top, is planned by Chamberlain Brown, legit costing agent Idea is to open late In April, about con- currently with the start of the New York World's Fair, using a small Broadway house, possibly th6 Mer- cury. Policy of guest stars, particu- larly young Hollywood- players tem- porarily in the east, is contemplated. Benefit show to launch the ven- ture is slated for Stmday night (5) at the Vanderbilt, N. Y., and has been okayed by the Theatre Author- ity and Equity. Idea of the show Is to raise coin and stir interest- Formal approval of the stock project has not yet been sought from Equity, but that will be undertaken when a start- ing production fund is raised. Alkntown Gets 1st Stock in 10 Years AUentown, Pa., Feb. 28. After_a lapse of 10 years, stock Is again being tried at the Lyric here. The Broadway Players, under the direction of Edgar Mason, opened last week (22), with 'Yes, My Darl- ing Daughter,' playing four days. This week the presentation Is Ter- sonal Appearance,' also for four days. This policy wUl probably be followed. Last stock company here was the John B. Mack Co. It met with little success. Los Angeles, Feb 28 T. P. Schnitzer, of PhUadebhia. has been named by Hallie FlanaMa to take temporary charge of the Southern California District's Fed- eral Tbeatre Project He replaces James Ullman, who bowed out three weeks ago. Rudderless since the recent resig- nation of James R. Ullman as South- em California director, who quit be. cause his hands were hopelessly tied by red tape and higher-ups In Wash- ington, the Federal Theatre Project here Is floundering like a ?'oIple33 ship at sea. Its ranks torn with strife, constant bickerings and tur- moH, the project has developed Into a mess that may require many months to straighten out Ullman came out here, from New . York last fall as successor to Chartei Gerwing, and for a time whipped the project Into a workable proposi- tion, with personnel more at ea% than at any time since its founding. But Washington interference soon gained the upper hand and the prqj. ect once more became a hotbed of political intrigue: Primarily a producer, Ullman stood the gaff just as long as 'he could and then submitted his uncondition- al surroider. It was originally to have taken effect on Feb, 12, but at the request of Mrs. Hallie Flanagan, national director, he consented to stick until today (Tuesday). Mrs. Flanagan came west 10 days ago to supervise the opening of the FTP ventures at the San Francisco Fair, and Ullman was summoned north for conferences, during which a number at attempts to name his suc- cessor were made. The fly In the ointment appears to be that persons recommended for the job by project execs were unsat- isfactory to Mrs. Flanagan, and thoso suggested by her were not favor- able to Works Progress Administra- tion execs and project officials here. Equity Probe Local project right now Is in midst of a probe being made under aus- pices of Actors Equity Association, in an eSa!rt to determine if the in- tent of the project that not more than 5% of amateurs be Included at any one time in personnel, has been violated. Actors and others Identi- fled with the project have been made to sign questionnaires and to be subject to verbal Inquisitions, by which It Is hoped to clarify once and for all whether non-pros hav* been getting the call over deserving professionals. Ullman pulled out Sunday (26) for New York. Sidney Lumet Philip Loeb, Art Smith, Claire Niesen, Harry Brats- burg, James O'Rear, Wendell Phil- lips, Loren Gage, 'My Heart's in the Highlands.' Josephine McKImi, Max Leavltt Lois Jameson, Lois Austin, Judith Anderson, Margaret Webster, Eve- lyn Varden, Leonard Elliot Hugh Rennie, Bram Nossen, Philip Cool- idge, Kathryn Grill, Norman Stuart Tom Ewell, EUla Guy, Philip Trnex, Ruth Chorpenning, Virginia Camp- bell, Guy Spaull, James Harker, William Foran, Ronald Reiss, Will Lee, Neal Beriy, 'Family Portrait' (complete cast). Glenn Anders, Lee Patrick, Walter Gilbert, Donald Cook, Horace Sin- clair, William David, Robert Burton, Olga Hansen, Ann Drlscoll, 'Sky- lark.' William Roselle, Eva Condon, Draja Dryden, 'West of Broadway.' Fvtnre Plays 'Saturday Nlghf a new play by Vicki Baum and Benjamin Glaser, has been acquired by Lewis E. Gen- sler, who plans an October opening. Settings will be designed by Robert Edmond Jones. 'Please, Mrs. Garibaldi,' comedy by Mary McCarthy, Universal Pictures scribe, Is skedded for an opening March 16 at the Belmont according to Hall Shelton, its producer. Re- hearsals started tiiis week, with Giuseppe Sterni and Ruth Amos cast as leads. 'I Want a Lawyer,' a new play \>y^ Richard Maibaum and formerly held by Harry H. Oshrin and Chester Erskin under the title of 'Bright Shingles,' Is now In the folio of Robinson Smith, who contemplates production early In April. Equity's New Committee Equity has appointed a new WFA committee, following the complaints from members In the relief outfit and some of those let out that the origi- nal committee was not getting enough action from the New York project heads. First committee claimed, however, that it was obtain- ing results and pointed to the num- ber of reinstatements. Reformed committee, 'wtilch In- cludes one or two from those first as- signed to the task, conferred with George Kondolf, director on the project In the metropolis, and is ex- pected to report to the council this week. Merton Ho^e Seeks U.S. Production of 4 Plays Merton Hodge, English playwright arrived in New York last week to dicker for U. S. production of four of his plays. They include two lion- don successes, 'Story pf an African Farm,' adapted from the Olive Schreiner novel, and 'The Island,' be- sides two new scripts which he de- clines to reveal. Will' remain a month or more, but must return to London in time for the tryout of an- other new play of his there this summer. Dramatist's The Wind and the Rain' was produced on Broadway five years ago. Harvard U's Show Boston, Feb. 28. Hasty Pudding Club of Harvard U. presents its 93d annual production, 'Fair Enough,' at the Clubhouse in Cambridge March 27. Opening night is for graduates exclusively. . Troupe then comes to Copley here March 28-29 for public performances. Edward C. Lilley is directing. Wednesday, March 1« 1939 USGimiATE VARIETY 49 MAY RAISE ACTORS' PAY New Specs' Quk^ Headadie A crop of new ticket speculators appeared alone Broadway last week, but none of the boxoSlce staffs' appeared to know their origin. Group floured thM tickets for Washington's Birthday matinees would be a soft . touch, but were evidently disillusioned. The men offered th«ir tickets on the sidewalks adjacent to theatries housing the more favor^ shows. Most of the locations were in th^ balcony and not in center sections, showing that they were obtained by digging methods. .One of the would-be sellers frankly stated the tickets were purchased -at the boxoffice. As treasurers did not Identify . the men, intermediaries were probably used. Understood that 'the„new specs attempted to dump tickets into cut rates when they discovered that the holiday crowds were intent on applying to the boxoffices direct lliey also sought to dispose of their bundles to other agencies without success. Premium brokers found the going tough, as the out-of-towners were seeking moderate priced admissions. Broadway S^widng^ hot &osses And Haying Weeks Ahead of %^ Despite widespread complaints in Broadway circles that current legit business is way under normal, a sur- vey of the figures Indicates that grosses are actually running far ahead of last year. Edge has been evident all season, but has been par- ticularly marked since the Christ- mas-New Year holiday period and has been even more noteworthy in the last three weeks, when the squawlcs about bad business have been loudest Difference was especially clear last week, when the estimated total gross for 32 shows reached $449,000, the highest for any week in several sea- sons, even including Christmas-New Year holiday stanzas. Figure for the corresponding period last season was $353,000 on 27 shows. Total gross for the last nine weeks, including the Cliristmas-New Year canto, was $3,387,000, as compared to $2,895,000 for the . corresponding nine weelcs last season. Total gross for the 38 weeks since the season began last June comes to $8,306,600, while for the similar stretch of last season the flgilre was $7,609,600. Not only in total grosses, but in playing' weeks and number of new productions, the present season Is topping last Last nine weeks this season have totalled 240 play- ing weeks, compared with 231 for the same period last season. Grand total of playing weeks for this season to date is 727, as against 655 for the cor- responding time in '37-38. All fig- ures are based on VARipnt's boxoffice estimates. - Mere Soccesses ■While the grosses and number of playing weeks indicate the legit situ- ation since the first of the year is above last year, the percentage of successful new shows is likewise on the favorable side. There have been 21 entries, including such miscel- laneous items as the D'Oyly Carte Opera and the One-Act Repertory. Of that number, present indications •re that four are hits, five arie mod- erate successes, four are in doubt and eight have been failures. Even if all the doubtful shows ultimately show a loss, nine successes out of .21 tries « well above the normal average. In view of these figures, there is some question of why complaints of bad business have been so universal. One showman expressed the opinion uiat Broadway almost always thinks business is disappointing. Possibly bearing out that, theory, a casual glance at the files reveals that the »»ne cry was being heard at this tiine last season, even though grosses •t that time were running ahead of the preceding weeks. Bard Follows Ballet Chicago, Feb. 28. The Federal Theatre ballet opens ,° *ne Blackstone tomorrow <. Wednesday). It's scheduled for a three-week run and then will be re- placed by a Shakespearean reper- tonr session headed by Ian Keith. The FTP'S Shakespearean presen- tations will be 'Othello,' 'Hamlef merchant of Venice' and Ulacbeth," starting the first week in April. Barton Before Eqidty Equity's council Is slated to hear charges against James Barton next Tuesday (28), it being alleged he used lurid language to an actress in Tobacco Road,' Forrest, N. Y., short- ly before he withdrew from the run drama. Matter was up for a hearing at last week's session, biit a post- ponement was granted in order that the comedian could appear at a bene- fit show in MlamL Reported that Equity was asked to set back the hearing date at the request of Broadway showmen, wintering at the resort It is the same local charity affair sponsored by managers for years. Late Joe Leblang was formerly an active sup- porter. GROUP READIES SABBATH LEGIT Group Theatre is readying two plays for special showing on Sunday nights at tlie Belasco, N. Y., Irwin Shaw's 'Quiet City,' now being in rehearsal, while 'My Heart's in the Highlands,' by William Saroyan, starts next week. A boy actor will be used in the latter cast as the lead. Group currently has 'The Gentle People,' Belasco, and 'Rocket to the Moon,' Windsor, regularly showing. Starting Tuesday (7), a revival of 'Awake and Sing' will split the week with 'Rocket' Some of the players in 'People' and 'Rocket' will appear in the Sun- day night specials, in addition to others. All are to receive rehearsal pay of $20 weekly, plus two-eighths of one week's salary for the extra performances, Equity requirement calling for an extra eighth for Sab- bath appearances. JORKLAND'S EX-WIFE TO HYPO 'SOMEONE' Although jack Kirkland, author- manager of -'I Must Love Someone,' Longacre, N.Y:, obtained generous publicity for the show through spat- ting with the critics, attendance has not perked up, but he will attempt to hypo tiie boxoffice by replacing Martha Sleeper with Nancy Carroll, his former wife and screen actress, who joins the cast next week. Show has been operating in the red since opening. Kirkland, how- ever, figures that if Tobacco Road' could develop into a long stayer after it was on the Verge of folding dur- ing the first month or so, the same thing might liappen to 'Someone.' Kirkland dramatized 'Road' and is interested in the managerial end. Drama makes only a small profit in New York, but has been cleaning up on tour. Council Has Proposal to Boost Equity Members' Minimuin Pay from Cur- rent $40 — ^PoinU to Otker Theatrical Unions Having Higher Basic Wage Scale CONTROVERSIAL What may become a highly con- troversial issue within Equity was indicated by the introductioh in council of a proposal to raise the legit actors' minimum salary from $40 to $75 weiekly. The motion was accepted unanimously, but. a vote deferred at this time. It was de- cided thfit the entire council be sent the full text of the resolution and the reasons advanced for its accep- tance. Known that the move has already aroused distinct differences of opin- ion among the association's leaders. Those opposed figure that the vol- ume of production, already restrict- ed in recent seasons, may' be fur- ther diminished.' Proponents of the idea declare that raising the mini- mum would principally affect the shoe-string type of prpducer, argu- ment I>eing that the better managers engage players who command bet- ter pay. In presenting the resolution, said to have been introduced by J. K. Blunicall, who was an independent candidate to head Equity two years ago and who is On the council, it was put forth that other stage unions had considerably higher wage scales. Instances are the stage hands and musicians' getting higher base pay than actors. More recently, the Theatrical Managers, Agents & Treasurers Union established scales of more than double and even triple that in Equity. Maaagcrc* Comeback On the other hand, it is feared that if a $75 minimum was estab- lished, it might start a trend on the part .of managers to set that level as a maximum for players who now (Continued on page 52) Bettelhenn, Treasurer, Left $122^6 Estate; Richest B'way B.O. Man The will of Spencer D. Bettelheim, Broadway legit treasurer, who sui- cided Nov. 5, 1937, imparts no trace of the reasons for .the act His net estate is placed at $122,226, most of which goes to his widow and does not include life insurance. The as- sets are chiefly stocks and bonds, substantiating his claim of having t>een fortunate in investments. It's clearly indicated that he was one of the wealthiest boxoffice men on Broadway. Bettelheim, assistant and then treasurer of the Music Box, also was ce-Ieasee of the Lyceum theatre. He shot himself in his office there, leaving no messages. It appears that he had threatened to do away with himself during marital arguments. Known, too, that he still suffered effects of being gassed in the World War. During several months, Bettel- heim suffered financial reverses, in- cluding payments to the government on claims pertaining to money re- ceived from agencies. Estimated that he dropped around $60,000. Edwin S. Bettelheim, his father^ who was a theatre trade piper edi- tor, was bequeathed $5,000, but did not live long after the son passed away. Widow, Helen S., receives a life interest in the residue, with Jane and Beverly, daughters, to get the remainders. A brother receives $2,000; Dorothy B. Healy, sister, gets $3,000, as does Gladys S. dii Treil; Joseph S. Sheridan and wife get $2,000 each. Equity Mulls Ei^omies Foflowing Loss of 12G Yearly hcome hm SAG; May Sdl N. ¥. Headqtrs. Lunts' Big Profit The Lunts continue to clean up in the South. Tonight (Wednes- day) they play the Bailey high- school auditorium, Jackson, Miss., it being an unusual wild- catted date and sold out a week in advance, ' The hall cost $50, advertis- ing $150 and $200 goes to Ar- mand 0>ulett for handling the tickets. It's a total of $400 in. expenses as against an estimated $3,600 gross. Show for the evening is 'Idiof s DeUghf REFEREE GETS ACME VS. CODE DISPUTE Acme Ticket Agency's case against the League of New York Theatres and Equity, on allegations that the ticket code is in restraint of toade, nearly came a cropper last Thursday (23) in N. Y. supreme court before Judge Samuel J. Hofstadter. Conten- tions of the ticket people hardly im- pressed the court who surprised council for both sides by ordering the case before a referee, Morris (>>oper, Jr., of the law firm of Riegleman 8c Nordlinger, being ap- pointed. Addressing Murray C; Spett of the law firm of Weisman, Qiiinn, Allan & Spett Judge Hoffstatter said: 1 will give you twoJ)ites of the cherry. 'When the findings of the referee are submitted, I will decide whether to hear the case, or accept such findings as sufficient' Understood that both sides were anxious to go to trial and were disappointed at the court's action. Judge, however, stated that he did not believe the action merited taking up the court's time and the people's money for what is indicated would be a week-long trial. He frequently stopped Spett to interpose comments, or counter the contentions set forth in the complainant's brief. It ap- pears that both sides conceded the facts set forth in briefs, so tliat as only a few points of law were in- volved, in the court's opinion. Fig- ured that tlie hearings will take about two weeks. Agency seeks a writ of permanent (Continued on page S3) Newman Agcy. Loses Appeal; Bloom, Guryan To Each Serve 4 Mos. Ways and jneans of further cutting . down Equity's operatiiig outlay is being considered by the association's leaders. Council appears to have become jittery when it was learned that the association would terminate tlie arrangement with the Screen Actors Guild, which has been kick- ing back the amount of Equity dues on its higher-bracketed members. It's understood that this coin from SAG will not be payable after next November. Equity's collection from this source is said to average- about $12i000 yearly. Although it was indicated by the annual report that Equity operated on a profit even without the SAG coin, a new committee on -efficiency and economy has been appointed and is carefully scrutinizing the organi- zation's finances. The last .fiscal year showed a net revenue amount- ing to more than the amount re^- mitted from Hollywood, but Equity- ites aim to guard against the future. Having relinquished future claims from the picture end, and having turned over radio to the American Federation of Radio Artists, Equity's jurisdiction has been greatly con- stricted and must depend on legit alone for sustenance. With the amount of production on the down- grade for several seasons, associa- tion'jB officers aim to. arrive at a budget where it can function without eating into the surplus. Reduction of salaries in headquar- ters, which calls for most of the out- lay, is not believed to be under con- sideration at this time. Salaries were reduced on at least two occasions and are regarded as being at the minimum. Last season there were a number of economies effected, in- (Continued on page 53) The Circuit Court of Appeals on Monday (27) upheld a decision of the Federal Court in N. Y. and found Leo Newman's "Theatre Ticket Office, Inc., Philip Guryan and Samuel Bloom guilty of violation of the U. S. Code in failing to keep proper tax records and pay taxes on theatre ticket premiums. Affirming of the decision means that Guyran and Bloom, of the agency, will be required to serve -four months each in the federal pen. In sentencing the men, the court staggered the terms, so that the bus- iness would not unduly suffer by both being absent Suggested they toss a coin to see which one would serve first. Yesterday (Tuesday) neithe^ was aware the appeal had been denied. ' In addition to the sentences, each y/as fined $2,000. and the agency was fined $2,500. Mbiiatnre Paris Opera For Hartford, Cobh; Kath H^bimn In oo It Hartford, Feb. 28. Group of local socialites, includ- ing Katherine Hepburn, are mulling a plan to transport the interior and fixtures of the Haddam Opera House, located at Haddam, Conn., to here some time this spring or early sum- iner for use as a legH house and sum- mer strawhat Present plans call for the erection of a shell for the interior and fixings on the outskirts of the city. Would also include a wing for a theatre arts museum. Unused since 1911, the opera house Is an exact duplicate in miniature of the Paris Opera House. Has a seat- ' ing capacity of 600. Miss Hepburn at one time had planned to transport the interior walls, lioxes, footlights, front of stege, and proscenium to the west coast but had found the cost prohibitive. Opera house is located on the sec- ond floor of the Haddam -Town Court Its existence has been prac- tically unknown. Expected to bridge the gap between the Avery Memorial and BushneU Memorial here. For- mer is too small for the production of legitimate shows and latter to large. Avery has a 300 seating ca- pacity and Bushnell a 3,300. Definite plans for the erection of the shell and transporting of the opera interior will be made this week following a trip of inspection by members of the group today (Tuesday) to Haddam. Purchase price of opera house is one of para- mount subjects under consideration ^t present time. Known to be Interested in the venture besides Miss Hepburn are Chick Austin, director of the Avery Memorial; Paul W Cooley, Morgan Brainard, James Soby and Thom C^nroy, director of the Little Thea- tre of Hartford. Tentative plans call for Conroy to be director of the project -and Austin director of the museum. VARIETr LEGITIMATE Wednesday, March 1, 1939 Plays Out of Town FIVE KINGS (PAST ONE) Boston, Feb. 27. Dmma In tivo parts by 'William .Shaka> •IHure; preaeiiled by the ThKatre Guild In ■iiBCM'latlon with the Mercur>- Theatre; (ea- tuien Oraon Welles, Bureees Meredith, Rol>ert SpealEht, Edgar Barrier, Lora Bax- ter. Mnrria Ankrum, John Emery, Law- renoe Kletc4ier: started by Welles; munlc, Aaron Copland; eettlnga, Janiea Morcum; cnsiumes, Mlllln Davenport: at the Color nial, Boston, Feb. 27, '39. Chorua .'.^Robert Spralght BollnRbroke , . . tisrria .Ankrum- Prince Hal Burgeaa Meredith Clarence Richard Baer Glouce.'ler .Guy KlnKsley Hotspur John Emery Northumberland Eustace Wyatt Worcester ., .Macitreffor Glbb WestmnrelamI Jolin Adair Warwick Lawrence Fletcher Bxton William Bishop Vernon John Straub A liOrd .Wllllnm Mown* Archbishop or Canterbury. , .Fdffar Barrier Bishop of T.\y Georee Duthle Lord Chief Justice Ersklne flantord Sallsbur)- .Stephen Roberta Bmcy John Wlllnnl Falstarr Orson Welles Bardolpii ...Qua SchllllnE PolnS John Berry Peto William Alland Pafte Edfferton Paul Cndshlll .Sanford Slesel Wan Gerold Keen Pistol Eustace Wyatt Shallow EdKar Kent Silence Fred Stewart Rultcair... Stephen Roberts Mouldy William Herx Feeble John Wlllard Shadow James Morcom Davy Francis *Carp6nter Court Fred Stewart Bates John Wlllard Williams Richard Wilson Gower John Straub Fluellen Edgar Kent Servant to Hotepur Stanley Poss King of France William Mowry French Queen .Ellen Andrews Hontjoy, Ambassador ot France Gerold Kean Lady Percy ...Lora Baxter Mistress Quickly...,. Alice John Mistress Doll Grace Coppin Katharine Margaret Curtis Alice Rosemary Carver French Lady ' Ann Saka Orson Welles has bitten off a big hunk in his production of 'Five Kings,' and he will have to do a lot of chewing during the tryout here. However, Shakespeare fans will en- joy it Part one in three acts, 18 scenes, condenses ICing Henry IV (parts one and two), and ICing. Henry V,' and opens with the btirial scene from lUng Richard H.'.. With aU this boiling down the show ran an hour overtime tonight (Monday). Mechanical troubles with a slow, revolving stage and many bungled cues on lighting were largely responsible for this, slowing down the pace ot the entire production. First act will have to be cut con- siderably before It reaches Broad- way. Henry IVs death scene mid- way in the second act would be more Impressive, as the final scene of that act Welles plays Falstafl with gusto and' predsion, coming, off easily with top honors. Burgess Meredith is a satisfactory Prince Hal and a better Henry V. . Morris Anknun, John. Emery and Robert Speaight also do excellentlv along with Schilling, Alice John and Margaret Curtis. Outstanding scenes are in the tav. em. recruiting of Falstaffs troops, Henry IVs admonition to his son, death of Henry IV, Hotspur's tirade outside the palace, and Henry Vs war speech in the third act The all-wooden sets are unique. Fox, THE DOCTORS "Drama In three acts by Qalr* and Paul sifton: preaented by th» Playahop ot the Jolins Hopkins TlnlveFSlty: staged by Paul HInricha; setting. Tom Powers, and Gayls Arnold; at the Playahop, Baltimore. Opal Kane Maiy Jane Stockham Doc Bobbins Louis Streb Dr. Wesley Longfellow Wingate, n... _ • • • Aahley .Qgden Dr. Lalla WIngete Leola^yeia Sgt. Jim Brandon William Ob«rle Sally Gorham PattI SIngewald Dr. Glastonbury Harold Waxman Grocery Clerk Charles Lipscomb Reporter ...Elsie Kane Dr. Armstrong... Sidney Paul This play by Claire and Paul Sif- ton lias some Broadway prospects. Although timely in subject matter and briefly effective in spots. The "STARS IN YOUR EYES" Hct.! LOV CLAXTON Doctors' needs considerable ' paring and adroit handling to take it out of the amateur company it's keeping here. The story is about the husband and wife M.D.'s who are trying to get a start in a section bogged down by unfair hospital restrictions and trade practices. Dr. Wingate, the husband (Ashley Ogden), is a bril- liant and promising youiig surgeon. But without a hospital in which to operate, his talents are going to waste. Dr. Laila Wingate, his wife (Leola Myers), can snare an occa- sional case or two. But hubby isn't content to depend oh the sparse in- come of his wife, aiid thoroughly defeated by the closed imion tactics of his competitors, flnds his only way out In a colorless and pot-boil- ing niche in the research labora- tories of a medical center. What is a struggling young physi- cian to do, confronted by this crip- pling . and demoralizing 'system'?. Socialized medicine is ; answer, and The Doctors' is a conversttional dissertation on its virtues and com- pensations. Through Opal Kane (Mary Jane Stockham), a bacteriolo- gist, forced by lack of employment in her chosen profession to become a domestic in the household of the Wingates, the reward's to. be itieted out to the oncoming generation of healers by state controlled medicine are expounded and elucidated. A further debate on professional ethics and practices is introduced via a sec- ondary theme, of the doctor's sup- posed traditional secrecy in matters of social disease even when It af- fects the future and well-being of dear and beloved friends. Dialog is bookish and unnatural. As sketched at present Dr. Wiiigate is unbelievable. Some faL-ish writing hr.s gone into tiie development of Sally Gorham, a friend of the fam- ily, up against an age-old problem, and Dr. Armstrong, a friendly col- league of the Wingates. The rest need plenty of polish. Production, a bit halted generally, is fair, with Patti SIngewald, Wil- liam Oberle, ■ Leola Myers, Sidney Paul and Miss Stockham performing creditably. Bum. Rebellion in Shadow Maplewood. N. J., Feb. 27. Drama In two acts (5 vcenea) by Mady Francis; stars BUssa Liandl; staged by Anton Bundsman; settings. Joseph R. To- lano; at Maplewood theatre, week ot Feb. 27, -se. Katharine Marshall. Ellsaa Land! Vivian Walters Bugenia Rawls Emma ......Bomlce Vert Ernest Graves Wilton Graff Felix Foulkea Sherllng diver Nellaan..> -..Sherllng Oliver Christine Bugenia Ba'Rls Frances ........John -Baby Allan Vincent Copeland Honor...: .Fiances Held lady Molloy Ann Tyrell This Is the first new play to be presented at the Maplewood theatre, where for the last 40 weeks Broad- way revivals have been presented. Hebellion in Shadow/ programmed as being authored by Mady Francis, actually has been written by Elissa Landi, who's also the star. The story concerns an authoress and her love for one ot her fictional heroes. Katherlne Marshall (Miss Landi) Is entertaining a party, Indud* ing h6r sweetheart Ernest Graves (Wilton Graff), an attorney; the dashing Felix Foulkes (Sherllng OU- ver) and 'Vivian Walter (Eugenia Rawls), his. girl friend. She's writ- ing a book, and Felix and 'Vivian be- come fictional character to her. A touch of the Frankenstein theme creeps In when Katherine finds her' helf obsessed with a sudden love for Felix. This almost results in tragedy. Miss Landi has hit on a novel Idea, but has only scratched the surface. Generally the play is lightweight It rims only about an hour and a half, during which there's some scintillat- ing dialog. Miss Landi makes the most of her novelist being on the stage nearly all the time. Sherllng Oliver and Eugenia Rawls are ex- cellent But the play falls short of Broadway requirements. The two settings by Joseph R. To lano are iii good taste. Dalz, Where the Blue Begins Pasadena, Feb. 25. Community Playhouse production .of Ctarlstuvher.Morley's novel; Ollmor Brown, supervising director: Eva Fry, director; Fred Huxley, tecelaney Joe COok- Gabby O'Keefe Otto- Hulett Maxle Kromnt. .....Nat Cantor Fanny Famum ; Fay Courtney Gill Henry Tobias Bloom Harold Whalen Blossom Peggy Chamberlain Lottie Joan Engel Pep« Brothers Martell Brothers Flying Martels. .William and George Dewey Phil Gordon James Kelso Delivery Boy Burton Lewis Johnson Dudley Clements Laundry Man,.....'. ^ Albert West Attention PLAYWRIGHTS: Borr Osso, ■ playbroker tor thirty years, willing cooperats with aspiring writers by reading, analysing and handling their plays It sulUble for produetlon. OfOce "ColD d« Tnnet," 14 W. 48tb SlNct, K. T. 0. leLi BB. '9-m5 Some years ago Christopher Mor ley's fantasy on humans acting like animals kicked up quite a few sales. Apparently if -it held anything for the theatre it would have been poimced on long before this. No on6 gave it a tumble and now Pasade- nans have discovered they're bark- ing up the wrong trees. First-night- ers weren't so sure they laughed ht This Max Llebman-Allen Boretz opus had a long and rocky trip to Broadway. But unlike 'Room Serv- ice,' which Boretz wrote with John Murray and which also had consid- erable trouble en route, 'Off to Buf- falo' Is a ddubtful bet Possibly George Abbott's script-doctoring and direction might have salvaged . this, as it did in the case of 'Room Ser- vice,' but as it Is, 'Buffalo' looks as decrepit as the vaudeville it seelks to glorl^. ' Play was talked about nearly two years ago. At first it was called The Flying Ginzburgs,' a title George S. Kaufman and Moss Hart had been muttering about for years. Script made the rounds for some time and (Continued on page. 54) Gigli Blast at the Met, U. S. Concert Biz Laid To Unprofitable Tour Reason offered In New York con- cert circles for beniamino GIgli's outburst last week against the Met Opera Co. and U. S. concert biz on his return to Rome from a U. S. concert-opera-radio tour was that the tenor had not profited from his four-and-a-half months' stay In America. Although he was paid about $80,000 for 43 dates, the singer paid the entire amount in back debts, penalties, interest, expenses, etc. Opening his tour Oct. 2, the Ital- ian tenor was paid a lump sum for five performances with the Met seven with the San Francisco opera, three with the Chicago opera, tiiree broadcasts and 25 concert dates. Be- cause of the ambupt • money tied up in advance, Columbia Concerts Corp., which booked Gigli, insured the tour with a London company. It was the first time the agency had done such a thing. Officials of the age: -y state that although the tour failed to show a profit it managed to break about even, without paying the Interest on the investment On that basis, the venture was a disappolntn.ent From his $80,000 fee, Gigli settled for around $25,000 an old Income tax claim by the government around $0,000 or a $13,500 judgment held by a bank as receiver for an apart- ment house on an unpaid lease, paid the federal tax on the $80,000 in- come, besides paying expenses for his. brother-in-law and a valet who travelled with him. Inside Stuff-Legit Philip Barry's The. Philadelphia Story,' trying out in Philadelphia this week, contains several characters said to be based on actual persons. Ont is a magazine publisher, identified by those in th» show as patterned on Henry R. Luce, owner of Time, Fortune, etc. Character is discussed at some length, but never appears on stage. Prominent woman Bhotog. rapher, played by Shirley Booth, is being identified as Margaret B6urke« White, of the Time staff. Reporter, played by Van Heflin, is said to be a composite of several Time writers. The Philadelphia family of the play has not been identified, but is said to include former friends ot Barry? Locale is Radnor, fashionable subivb of Philly. Two sets, representing the living room and porch of the home, are said to have been copied from the clubhouse of the Radnor Hunt Club. 'Story,' which will be the Guild's fourth subscription offering of tha season, was well regarded in New Haven, where it preemed Feb. 16. Tin Guild is understood to own only a moderate share of the show, major por- tion being owned by Barry and Katharine Hepburn, with director Robert Sinclair also reported holding a small piece. After its two weeks in Philadelphia play will probably be taken to Wash- ington, Pittsburgh and Boston for Guild subscribers there and be brought to New York early in April. This opening date won't give 'Story' much time for a Broadway rim, but Miss Hepburn is reported ready to play ihrough the hot weather if the show clicks. Frank Fenton went into an important role in the play with; only threa days' rehearsals.. Commuted between New York and New Haven rehearsals and a stand in Boston, where, he was appearing in 'Susan and God.' Left 'Susan' following the Tuesday (14) performance and reported for drea rehearsal In New Haven the following day. Barry wrote 'Story' specifically for Miss Hepburn. He had two p\ayt in mind and outlined the stories for the actress some months ago on tht Coast She expressed a preference for this one, so the playwright went ahead With it Although the piece was finished in outline a couple ot months ago, the third act was not completed in final form until rehearsals had started. Only minor changes are being made during the tryout tour. Channing Pollock, who formerly devoted his tiine to writing hit dramas and is now giving lectures, besides penning magazine articles and books; has completed his latest volume, *The Adventures of a Happy Man,'. pub- . lished by Thomas 'Y. Crowell. In a thumb-nail biography, it is revealed that PoUock won his first short story prUe at the age of 14 and, while ■ very young man, was critic of the Washington Times. He entered show business as press agent for Anna Held and says: 'Ziegfeld fired me for In- competence but I got even by writing two Ziegfeld 'Follies'.' Of his varied works there are included lyrics for 200 songs, best known of which is lly Man.' He has lectured nearly 2,000 times, getting into stride on the platr form circuits during the run of his The Fool.' The new book is a volume of essays. About himself Pollock says: 'If I was born with a gold spoon in my mouth, I. must have swallowed it My best lUck is that I never had any luck I didn't make for myself.' Though Maurice Schwartz Is listed as the co-producer, with Ignate Son, of the Yiddish Bande, Polish players, the Yiddish producer-star is only in on a percentage as the lessor of the house to Son. Troupe is in the United States for three months, ot which four weeks are to be at Schwartz's Yiddish Art theatre, N.- Y. Schwartz was mainly responsible for their im- port ha'iring seen them last year In Paris, where they played simultane- ously with bis touring 'Brothers Ashkenazi.' Schwartz, incidentally, has a couple of irons in the fire for the World's Fair, but it's pretty definite that 'Yoshe Kalb'^and 'Ashkenazi,' which had been talked of as possible Fair revivals, won't be part of his plans. Jerry Horwin, co-author with Katherlne Turney of 'My Dear Children,' states that the real reason for Brock Pemberton relinquishing his righti to the play — with John and Elaine Barrymore to be starred— 'was not because of any question of script revisions, but a frank desire to get hit 'Kiss the Boys Goodbye' road companies rolling before 'Gone With tht Wind' Is released. Pemberton's 'Kiss the Boys' Is a travesty on 'Wind,' and after' he had the 'Children* script some 10 weeks the authors and tht Barrymores decided to give it to Richard Aldrich; who is currently pro* ducing it The ticket scale for Married An AngeV which ended a long run at the Shubert N. Y., Saturday (25), was curiously manipulated. For tht final four weeks of the date the top was reduced from $4.40 to $3.30, but the first four rows in the gallery were raised from $1.10 to $1.65. During the show's entire run up to the lower floor scale revision, the lower latt applied to the top shell - An excellent advance sale was reported for 'Angel' In Pittsburgh, 'wheit it opened Monday (27). Although Katharine Cornell will have a 51% Interest in 'No Time for Comedy,' the Play wrigfils Company whose S. N. Behrman wrote the play, will control all business and managerial arrangements, although the star's jiame will come first in the presentation credits. Margalo GiUmore has been added to the cast. •Comedy' starts rehearsals Thursday (2). It will play two weeks out surprising sprinkling of stiff shirts, indicating those of carriage trade who turned up noses at it before were finally worn down by 'six years on Broad- way.' House is dark this week, but gets under way again Monday (6) with pre-Broadway engagement of Kath- arhie Hepburn in the Theatre GuUd's 'The Philadelphia Story.' Then if s 'Five Kings,' March 13; Cornelia OUs Skinner in 'Candida,' March 20, and D'Oyly Carte Opera Co., AprU 3. Esthnato fer Last Week Tobacco Xoad,' National (1,698; $1.65 top). Fourth local engagement drew close to big $12,000. LUNTS DO BIG $12,600 IN 2 SOUTHERN STANDS Atlanta, Feb. 28. Alfced Lunt and Lynn Fontanne, alternating 'Idiot's Delight' and 'Amphitryon 38' at three perform- ances here Thursday (23) and Fri- day (24), did an amazing $8,000. All three shows were sellouts, Just as they were in Chattanooga before Uie Atlanta date, where gross hit $4,600. Company left here for dates in Montgomery and Birmingham and then into Jackson, Miss., where show will be presented in a school whose stage is too small for scenery. Company's business manager was in- formed before leaving Atlanta that Jackson was already sold out Simon Vice Manntz Bernard Simon has succeeded Theodore Mauntz as press agent for the WPA Theatre Project attractions in New York. He agented a number of BroadWay attractions, including those of Gilbert Miller for one sea- son. Job calls for $3,000 annually. P.a. is on the board of the Theatri- cal Managers, Agents and Treasurers' union. Shows in Rehearsal 'No Time (or Comedy'— Kath« arine Cornell-Playwrights. - -My Dear ChUdren'— Richard Aldrich and Richard Myers. . 'Close Qaarters'— Edward An- derson, Ann Seranne, 'Hat Mikade'— Michael Todd. 'Please Mrs. Garibaldi'— Hall EheltoD. 'Awake and SInt' . (revival) — Group, The Family ForttalV— Craw- for, Tuttie, Skinner. Tell My Story'— F r e e m a O Theatre. 'Skylark'— John Goldea 'West ef Broadway'— Albert Lewis. 'Bachelw (HrChi 4'/^G, Fdlds; lim Boys' U|i, $13,000 Chicago, Feb. 28. 'Bachelor Born' quit towh Satur- day (25) after two miserable weeks at the Selwyn. House remains dark until March 12 when 'Angela Is 22' comes in. On Sunday (26) 'What a Life' got away at the Erlanger at $1.50 top. Advance was meager. 'Kiss the Boys Goodbye' maintains ite highly profitable pace. After 22 weeks here the swing 'Mikado' scrammed out of the Great Northern, being shunted east by the Federal Theatre. 'Big Blow * will replace in the house shortly. FTP ballet geta away at the Blackstone tomorrow (Wed.) for three weeks, to be fol- lowed by a Shakespearean repertory group ' headed by Ian Keith, who clicked in the lead of The Copper- head' for the FTP earlier this sea- son. 'I Married an Angel' arrives at the Grand Tuesday (7). Estimates for Last Week 'Bachelor Born,' Selwyn (2d-final wk) (1,000; $2.75). Tour ended with show's folding Saturday (25); $4,600 for finale. 'Kiss the Boys Goodbye,' Harris (Sth wk.) (1,000; $2.75). Coming along well; again better than $13,000. WPA The Mikado,' Great Northern. Col- ored swing version closed here Satur- day (25) after 22- week capacity run. Switehes to New York. LITTLE LADYSHIP London, Feb. 18. Comedy by Ian Hay, (nun the Hungorlair of Bgketfl and S(«lla; prucntxl by StepboB Mitchell, In aiwoclutlon with H. Saltenbuts; staged by Gardner Davles; at the Strand, London. HiKclnson Iris VaDdeienr Eve Lim Palmer Mtb. Jewup Benee Kelly Mr. JexBup Aubrey Matber Judy Blngley Joan White Sir John Brent Cecil Parker Mrs. Cynthia BIngley Norma Varden Oravea Sam Iiyaons Colonel BIngley Archibald Batty After a few weelis of marriage a young womaii, with the mental de- velopment of a child, steals away to school during the day in the hope of receiving a certificate of scholarly merit so she can surprise her hus- band. It's presumed he regards her as a moron. Offhand, one would re- ject the plausibility of such a theme, but in reality, this situation actually occurred in England within the last year. The idea is funny for a brief spell, but peters out D^ite some highly amusing dia- log, a well-knit cast and production, indications are that the play will fail to draw. Situations are han- dled well but they aren't sufflcientiy self-sustaining. Interest is centered in Uie central character, played by Lilli Palmer, Hungarian actress, who makes her third attempt here in as many dif- ferent types of roles. She does re- markable characterization. Outstanding comedy is contributed by Joan White, in a role similar to that which she enacted' in the liOn- don production of 'Housemaster' ('Bachelor Born' in America). Among the relative newcomers is David Tree, grandson of Sir Herbert in the role of a. youthful, ingenious tutor. Jolo. ♦Wives' to Tour Detroit Feb. 28. Local Federal theatre project, having rehearsed many months ite most ambitious undertaking, The Merry Wives of Windsor,' discovered last week that national federal the- atre officials won't appropriate money for the renting of a theatre because of the current economy pro- gram. Washington's Birthday Ups B'way; W Leads, $44,000; Toxes' 16G. Hdlz,' leave It,' 'Stars' Over M While two new arrivals on Broad- way fell by the wayside, business was partly up to Wasliington's Birth- day-week expectations. In some in- stances takings Jumped more than anticipated. Decline was evidenced early this week and the dip will douotiess continue until the Federal Income tax deadline of March 15. Biggest improvement was regis- tered by front- running 'American Way,' which eased past $44,000 in eight performances. Figure topped the previous week; wheii an extra matinee was played, and may be the high mark of the run, which is ex- pected to extend well into the World's Fair period. Actual increase over the patriotic -drama's pace was $5,000, aided by the heavy holiday matinee. The Littie Foxes' draw was fully up to indications, with the first full week close to $1B,000. That spots the new drama' as rtmnerup to the straight show leader, 'Abe Lincoln,' which drew close to $23,000 in nine performances. 'Hellzapoppin' again was the mu- sical leader with over $30,000, but it played two extra matinees, while the others held to eight periorin- ances, 'Leave It To Me' was slightiy up, topping $32,000. 'Stars in Your E^es* stood up with the leaders, quoted at over $30,000, though it can get considerably more in a bigger ouse. 'Miss Swan Expects,' at the C^rt, and 'Off ' To Buffalo,' Barrymore, tailed to get press welcome, and both were taken off S.-.turday (25) along with 'Dear Octopus' at the Morosco. 'Jeremiah' stops at the Guild this week. Due next week: 'The Family Por- trait' Morosco; . 'Close Quarters,' Golden; 'Awake and Sing' (revival), Windsor, and Tell My Story,' wholly cooperative, Mercury. . Estimates for Last Week 'Abe Lincoln In DUnols,' Plymoiith (20th week) (D-1,036; $3.30). Nine performances again and another corking gross for the drama leader, $23,000. 'Boys from Syra«iise,' Alvin (15th week) (M-1,255; $4.40). Moved for- ward and looks slated to run well into World's Fair period; quoted arotmd $25,000. 'Dear Ootopns,' Morosco. Closed Saturday (25) after eight weeks; im- port from London did not fare well; pace was around $5,000; 'The Family Portrait' next week. 'Gentle People,' Belasco (9th week) (C-1,107; $3.30). Strong matinees helping along with picture names; business rated over $12,000. •Hellsapoppin',' Winter Garden (24th week) (R-1,671; $3.30)i Played four matinees again; Friday after- noon (24) did not sell out being first performance here under capaci- ty; however, gross up over $39,000, uded by holiday scale boost 1 Host Love Someone,' Longacre (4th week) (C-1,019; $3.30). Some doubt about continuance; Nancy Carroll joining cost; gross very low to . date; $2,600. 'Jeremiah,' Guild (5th week) (D-914; $3.30). Final week; as indi- cated engagement limited to sub- scription period; $8,500; little coin other tiian from subscribers. 049; $3.30). Mod- erate grosser from the start; $6,500, with theatre parties a factor. 'Set to Music,' Music Bo» (7th week) (R-1,000; $4.40). Getting very good money, but it's cased off some- what; $23,000 in nine times. 'Stars In Tonr Eyes,' Majestic (4th week) (M-1,717; $4.40). Held to eight performances, and. Ilk- most of the others, inq)roved; over $30,000 claimed. The Amerlean Way/ Center (Oth week) (D-3,483; $3.30). Broadway's leader considerably topped previous week, which had an extra matinee; over $44,000. ■The Little Foxes,' National (3d week) (D.1,164; $3.30). Looks like itil stay; early promise upheld and first full week's takings were nearly $16,000, making it runner-up among straight plays. 'The Primrose Path,' Biltmore (Oth week) (CD-991; $3.30). Eight times did better than nine on Lnlcoln'a Birthday week; gross apiiroached $9,000 after a strong Saturday. . The White Steed,' Broadhilrst (Oth week) (D-1,107; $3.30). Also moVed upward and should last well into the spring; quoted around $12,000. Tobuseo Bead,' Forrest (273d week) (D-1,107; $1,66). Witii pace holding to profitable level, long-tun drama is likely to outlast most others on the list; strong holiday and over $6,000 claimed. 'What a Ufe,' Mansfield (46tix week) (C- 1,050; $3.30). Some per- formances were surprisingly well at- tended; looks sure to exceed year's mark; better last week at $5,000, profltabte. Bevlvals D'Oyly Carte Opera Co., Beck (9Ui week) (M-1,189; $3.30). An- other week for hl^ily successful Gil- bert and Sullivan troupe; averaging better than $19,000. 'Henry IV,' St James (5th week) (D-1,520; $3.30). Not getthig as much as previous Shakespearean re- vivals at this spot but satisfactory at $17,000. 'Outward Bound,' Playhouse (11th week) (D-e73; $3.30). Profitable with comparatively small cast; re- ported slated into the spring; $11,000 indicated, 'The Importance of Being Earnest,' VanderbUt (Sth week) (C-900; ' $3.30). Final week; goes to road under new management; modest $4,000 estimated. Added Tins- and Needles.' Labor Stage (66Hi week). Bettering even break; up last week; over $6,000 to som* profit 'Naughty Naught,' American Musia Hall. Night spot meller getting by with bar and dance adjuncts. WPA 'Swing Mikado.' New Yorker; opens tonight (1). 'Androcles and. (ha LIm,' Lafay- ette, Harlem, 'PInocolilo/ Rltz. 'Awake and Sfaig,' Daly's (Yid- dish). mm ALONE IN HUB, 2D WEEK BIG 121000 Boston, Feb. 28. •Susan and God,' running without ' compeUsh a second week, was helped by we holiday (22) in registering a better figure than for opening week. Oppoaltion arose yesterday (Mon- day), however, when Orson Welles opened Us Shakespearean production of 'Five Kings,' co-starring with Bur- gess Meredith. This ia Part One of an intended two-parts. Second half will be produced later in the season it this one clicks. WPA has extended the four-week run of 'Macbeth' to an extra two weeks (ending March 11) because of a heavy response from schools. Gertrude Lawrence is now re- hearsing 'Skylark,' which debute here niarch 13, opposed by Katharine Hepbimi in 'Philadelphia Story.' EstlButo for Last We^ 'Snsaa and God,' Shubert (2d week) (1,590; $2.75). Boomed to big $21,000. One of the best drama grossers here this season. One more week. 'Angela' Builds in Det^ Okay $10,000 for Week Detiroit Feb. 28. Off to slow start, 'Angela Is 22' fin- ished at the Cass, here last week. House dark currentiy, but relighto Monday (6) with 'Candida.' Estimate tor Last Week 'Angete Is 22,' Cass (1,500; $2.75 top). Backed by big bally Sinclair Lewis and Fay Wray-authored opus built strongly for satisfactory $10,000. Ballet Big 9& in Port. Portland, Ore., Feb. 28. The Ballet Russe de Monte Carlo played three nights and two mate at the Auditorium here last week. Gross wrs big $9,000. 52 VARIETY UTERATI Wednesday, March 1, 1939 Seldes* Libel Suit An application to dismiss' a bill of complaint brought by Angelica Bala- banoff bgaiiist George Seldes was de- nied Seldes Saturday (25) In N.Y. Federal Court by Judgei Alfred C. ' Coxe, who ordered' the plaintifl to serve an amended bill of complaint but refuse!^ to dismiss the original ' imtil the amended paper is filed. The plaintifl seelcs $200,000 dam- ages for alleged libel against Seldes, claiming that he approached her for articles for a book, 'Sawdust Caesar,'- which he was writing. After having given him the articles he changed them so as to make her ridiculous, she asserts. The articles were also published in Ken, In May, 1938. A similar suit against Ken was settled and discontinued in N.'Y. Fed- eral Court last week; Seldes pro- tested the settlement of this action, reportedly for $1,000. Federal Judge William Bondy, however, overruled the objections and discontinued the action. KepobUsh Freedman Novel Seen as atoning for a couple of iis recent novels regarded as reflecting on the Jewish race, Simon & Schuster has taken from Harper rights to 'Mendel Marantz,' by the late David Freedman, and is repub- lishing the. novel. 'Marantz' was responsible for Freedman's rise as a scribbler and which, up to the time of his un- timely death, resulted in his becom- ing one of the highest-priced of con- temporary writers. The novel, a study of Jewish life, came to the attention of Eddie Cantor, who was 80 impressed that he made Freed- man one of his writers. Rise of Freedi&an was phenomenal from then on. Turned out a mis- cellany of matter and become known as a writing factory. Freedman subsequently broke with Cantor and had a suit pending against the co- median at the time of his sudden death. His Day A femme reporter asked Sin- clair Lewis what he would do If his better-half-heck'ler, Dorothy Thompson, were ever elected president on a woman's ticket, Lewis replied: - That would be swell, I might get a crack fit writing 'My Day'.' Beverse in Book Beprlnts Reverse In book reprints to be undertaken by. Modern Age Books. Generally books originally published to sell for $2 or more subsequently reappear In cheaper editions, some of' them for as little as 39c. Reprint plan of Modem Age Books, most of which sell for 50c and 75c, is' to re- Issue some of them at and $3. Reprints will be Issued tmder a new Imprln^ that of Utarllng Press. It has been foimd by Modem Age Books that some book buyers, and especially libraries, want or need more substantially bound books than the paper ones gotten out by that publishing house. Hence the Star- ling Press cloth edition reprints, and at cloth edition prices. Judge's Financial Snag Judge failed to publish a February Issue t>ecause of reputed financial trouble. Publisher is Harry L. New- man. Whether it will suspend de- pends on a pending deal between him and Samuel Ungerleider, Henry Caplln and others. Newman is also publisher of the new political weekly, Senator, Issued in Washington and bankrolled by former Govemor Earle of Pennsyl- vania. While RepubUcan chieftains at the Capital are applauding Thomas E. Dewey, New York Dis- trict Attomey, whose prosecution led to the conviction of Jimmy Hines, the Senator will carry a blast on him In' this week's issue, due on the stands Friday (3). Editor Gronp'a Annnal Farley Seventeenth annual convention of the American Society of Newspaper Editors will be held in Washington, AprU 20-22, with Roy A. Roberts, m. e. of the Kansas City Star, as program chairman, and Grove Pat- terson, editor of the Toledo Blade, and David Lawrence, editor of the United States News, aiding. Feature of the conclave will be re- vival of organization's annual formal banquet. Affair Is set for the 21st Otherwise, the customary shop talks . and an. oS-the-record conference with President Roosevelt binding, called 'Zounds, the Hounds!' In preparation is 'Biographies,' giv- ing the lowdown on a varied group of people. This will be a nickel seller, for the chain stores. Bonica also editing his new under taking. Loses Firht on Hitler Book Federal Judge Alfred C. Coxe In New York yesterday (Tues.) denied an application by Houghton Mifllin Co. for a temporary injunction against Stackpole Sons, Inc., and the Telegraph Press, to prevent them from publishing an unexpurgated edition of AdoU HiUer's 'Meln Kampf.' The plaintifl claimed to have en- tered into an agreement with Franz Eher Nachf of Munich, for the rights to the book. They plan pub- lication this month. They sought a permanent, injunction, to prevent the defendants from publishing a sim- ilar book using the same title. The defendants' book was sched- uled for publication yesterday (Tues.). They claim that the Hit- ler opus is in the public domain in the U.S. and that they have all rights that the plaintiff may claim. Maoy Adds to Chain - Westchester County (N. Y.) dailies published by J. Noel Macy will be increased to eight on Saturday (4) when the Macy organization begins publication of the Evening Dispatch in 'White Plains.' New paper will compete with The Daily Reporter, published by Lee Tuller and Walter V. Hogan. Benjamin H. Carroll to serve as city editor of the new daily, and TTiomas E. Duffy as advertising man- ager. Staff will be recruited for the most part from the other Macy pa- pers. lesMM for Hob Dally Reorganization plan has been filed by the Boston Transcript, whereby the daily gets $200,000 in additional capital. Follows financial reorgani- zation which put in Lincoln O'Brien as top man. O'Brien stays under the new set- up as exec editor, but Richard N. Johnson, who heads the group put- ting in the new funds, moves in as prez and biz manager. Paper is to get a new plant and new equipment shortly. Sontli Bend's New Sheet South Bend, Ind., gets a second daily this month. Arrangements completed by A. Johnson, of the Starke County (Ind.) Hamlet Guar- dian, to start a competing paper to the South Bend Tribune. Financing and staff reported completed. Johnson is not to be confuted with the Tribune's city ed, R. P. Johnson. "Gets Out Low-Prlced Books Gotham Publishing Co, has been formed by Joseph Bonica in N. Y, tti get out various types of low-price' books from 5 to 60c. Starter is an Illustrated .book on dogs in spiral Mayflower's Plans When negotiations are concluded with a literary name to serve as editor,- Mayflower Publishers gets started in N. Y. and will issue a regular series of fine and limited editions. . Heading Mayflower Is Benjamin Koodin. Limited editions will be necessary because type and prices of Mayflower books preclude mass sales. Okla. City News Folds With its issue of Feb. 24, The Oklahoma News, Scripps-Howard evening ne'wspaper in Oklahoma City, suspended publication, leaving only the Daily Oklahoman and Okla- homa City Times combo in ttte ' field. Action came after 30 jfdars of pub- lication. Courier and came to N. Y. in 1889. Served on the Sun, later going to the old Recorder and in turn to the Her- ald. Went to the Times in 1922, re- maining there since. Sister survives. Wife died a year ago, Eugene S. Leggett, former Wash- ington correspondent for the Detroit Free Press, died in the Capital, Feb. 19 of pneumonia. He was Washingf ton correspondent for the Press frpm 192S till his appointment as an exec- utive officer of the National Emer- gency Council in 1933. He was a former president of the National Press Club. Eugene J. Toung, 64, cable editor of the New York Times, and writer of mag articles . on international af- fairs, died Feb. 22 at his home in N.Y., of a heart attack, Grandson of Brigham Young, Mormon leader, Yoiing served on the old N.Y. World and N.Y. Herald besides the Times. Born In Richfield, Utah, he began newspaper work on the Salt Lake City Herald. Was for a time Wash- ington correspondent for the In- dianapolis Herald and other dailies before coming to N.Y. Widow, sis- ter and four brothers survive. Charles Bertcl Carson, 48, 'writer of circus stories and for 18 years on the staff of the Youngstown (O.) 'Vindicator, died Feb. . 19, in Vet- erans' hospital, • Aspinwall, Pa. He knew personally . most prominent circus executives and spent his va- cations visiting - circuses each sum- mer. . Thomas Fanntleroy, 50, chief edi- torial writer for the Memphis Com- mercial Appeal, died Sunday (26) in Memphis of pernicious . anemia. Fauntleroy was on the Appeal 28 years. FolloW'Up Comment CHATTER LITEBATI OBITS THIS WEEK WlllUm J. Egaa, 67, former sports .writer, editor' and publisher, died last week in St. Louis. One-time sports editor of the old Chicago Inter- Ocean, he served on a number of dailies, throughout the country. William F. Flanagan, 66, veteran AP man, who retired on a pension two years ago, died last week of heart diseas6 at his home in N;-Y. With the exception of a two-year period on the old Kansas Ci^ World and service in the Spanish-American War, Flanagan served the AP for 45 years. Dempster MacMnrphy, 42, Chicago Daily News business manager, died in Battle Creek, Mich., Feb. 21. He had been ill for some time. Mac- Murphy joined the News in 1932 after serving ac v. p. in. charge of advertising and publicity for the In- sull interests. Robert W. Curtis, 72, day assistant sports editor of the N. Y. Times and veteran bascLall writer, died last week at his home in New York after a . week's illness. Began newspaper work in New Haven on the Joiirnal- Andre Maurois in New York. Beverley Nichols retmiiing to London. Harold Bessling back from Miami with a new novel. D. D. Beauchamp sold his stoty, 'Fire At Nighf to Collier's. George Fitzgerald reappointed edi- tor of the New Mexico Magazine. E. B. White gets in from Maine this week for a few weeks* hang- around. 'American Idyl,' P. Hugh Herbert's novel, starts serially In the ^ay Redbook. Morris Ernst, theatrical attorney, Is a pulp writer under various pseudonyms. Carl Van Doren wed on the Coast Bride Is the former Mrs. Jean Wright Gorman, C. S. Forester, the British scrib- bler, cocktailed in N. Y. by a num- ber of literateurs. John F. Chapman, foreign editor of Business Week, off on one of his periodic European trips. William Sloane, who heads the trade department of Holt the book publisher, is doing a novel. Barrett Kiesling sold British pub- lishing rights to his book, 'Talking Pictures,' to E. & F. Spon, London. John W. Hiltman, chairman of the board of Appleton-Century, and Mrs. Hiltman to .the Coast by boat C. Raymond Everitt Little Brown editorial head, back from abroad with U. S. publication rights to a brace of British' novels. Irwin Shaw to conduct a class In short story -writing at the Writers' School, N. Y., sponsored by the League of American Writers. Dick Spong, Harrisburg (Pa.) mugg, now doing radio as well as film column for Harrisburg Eve. News. Former runs without byline, however. Nelson Antrim Crawford, ed of Household Magazine, will talk on mag writing and editing to the jour- nalism class of Kansas State College next month. Felix M. Cornell, one-time seaman and now prominent bookseller, formed the Cornell Maritime Press, N. Y., to also issue books on salt- water subjects. James Madison, who refers to himself as 'Dean of the Gag Writers,' also publishes The Collector's Guide, for dealers and collectors of rare editions, Americana and the like. George Burford Lorimer, son of the late George Horace Lorimer, the Satevepost editor, honeymooning aboard his yacht with his bride, the former fidith Virginia Lenington. Anna Jane Phillips and Harry Ko- dinsky, both Pittsburgh Post-Ga- zette reporters, who have collabed on detective stories for the pulps, have formed, a writing corporation. J. B. Lipplncott the Philadelphia book publisher, has joined with Hod- der & Stoughton, Ltd., of London, in looking for the best first novel, for vhlch there's a prize of $2,500, travel award with all expenses paid and guarantee of $2,500 a year for four years from date of book's publica- Uon. (Contliiued from page 28) onstratlon of the Chestnut Tree, which the maestro envisions as the successor to the Lambeth Walk. Un- less there's a lot more to the dance than meets the ear, Willson is either underestimating the age level of U.S. dancers or is trying to spoof the dear listeners. As for Miss Niesen's two solos, her own lyric to Raymond Scott's Twilight in Turkey' couldn't turn an orchestra novelty iiito vocal ma- terial, while 'Get Out of Town' was hardly the sultry tune to show her to best advantage. Fanny Brlce contributed two bits of Baby Snooks comedy, -both good for chuckles, and Robert Young and Frank Morgan offered more of their customary cross-ribbing. Studio au- dience seemed on the verge of com- plete hysteria at every hint of com- edy, though it hardly rated that via the air. Maxwell House commer- cials, though unnecessarily long, at least weren't driven iacross with a sledgehammer, 'Swing Songs,' 4S-minute variety show from London last Wednesday afternoon (22) over Muttial, was far far above the standard British pop stuff. Ben Frankel's orchestra showed smooth tone and stirring rhythm. New composition, 'Rhap- sody in Swing,' annotmced as having its first performance, was particu- larly impressive. With composer Arthur Young playing solo clarinet parts, the piece had interesting contrasts of tempo and, particularly in the slower por- tions, definite . lift. Dorothy Carless supplied vocal ballads and Dorothy Ault (spelling by sound) the scat stuff. Rhythm Brothers contributed several vocal choruses. John Charles Thnnas was guest soloist and Eugene Ormandy batoned the symph orchestra Sunday night (26) on the Ford hour over WABC- CBS. It was an Unusually, strong edition of the series, not only for Thomas' undeniably colorful radio personality and vocal artistry, but for general showmanly program ar- rangement Selections were shrewdly chosen for contrast and variety and were well arranged as to mood and climax. Standouts were the baritone's singing of pieces from 'Zaza,' 'Dam- nation of Faust' and 'Old Folks at Home.' OnAandy's conducting was generally proficient but seemed to lalter somewhat on the final move- ment from Tschaikowsky's E minor symphony. William J. Cameron did his customary bag-punching 'inter- lude' midway. Bums and Allen, Melvyn Douglas and Shirley Ross teamed Sunday night (26) in a burlesque sketch from T^e Shining Hour' on the Screen Guild show (CBS) for Gulf. One of those on-paper naturals and spotted near the end of the program, it nevertheless turned out to be below the rest of the stanza for entertain- ment wallop. Main fault seemed to be that the humor was too forced. Slight overemphasis of the yarn's melodramatic romaactf situation might have been funny, but the out- right farce and Grade Allen's broad playing overshot the mark. Other- wise the program was strong. Miss Ross soloed impressively with 'Deep Purple' and dueted with George Murphy on an up-to-the- minute 'You're the Top.' Rufe Davis clicked with one number, while the incidental comedy throughout was lively. Fred Allen went In for so much ad libblng on last week's show that he occasionally turned the session into a bedlam. At one point the come- dian, Portland Hoffa, Harry Von Zell and Peter van Steeden must have dropped their scripts or indulged in a s<|uare dance, for they all were obviously almost beyond reach of the microphone. Some of the fooling was laughable stuff, but some of the mugging to the studio audience drew blanks for the home listeners. Last portion of the show, a burlesque of an opera per- formance, became so broad it was virtually a shambles. But it was overboard on length and grew tire- some. Guest a virtuoso glass blower named Karl Schumann, provided chuckles and interest ' Horaoe Heldt presented a promis- ing guest on the amateur spot of his Wednesday night sustainer show last Wednesday night (22). Tyro was Constance Shelton, described as an 18-year-old graduate student of music at a New York hlghschool. Girl has a pleasantly melodic and flexible coloratura soprano voice, which she handles with skill for a beginner al- though somewhat quavery at times on trills. Fritz Somebody (who never did get his surnam,e across the airwaves), a schoolmate, supplied a flute obli- gate. . Nice touch for such a pro- gram, with Heidt's suave emceeing. Edwin C, Hill took the occasion of Washmgton's birthday (22) to reach across with some right jabs at the leftists, using tha technique of sun. posing how the Father of His Coun- try would stand on the question it he were alive today. " Commentator stumbled badly in his own spielage at One point an. parently due to unfortunate cholca of Ungle-tongue word combinations If he writes his own stuff, he should have learned about simple phrase, ology for the kilocycles by this tim«. If he doesn't do his own air script- ing, he must havo changed ghosti lately.. Indianapolis Symphony Orchestra sUnza for a solid hoUr Wednesday afternoons over CBS is a natural target for the symph bugs. PJanted in the middle of the week, it's an oasis in a vast expanse of swing and sweet music, gabfests, variety stwwa and pap 'serials. Fablen Sevitzky's batoning may t>e somewhat taiin* compared to the Inspiring interpreta- tions of Toscanlni Or Stokowski and the orchestra may seem a bit slug- gish alter -the NBC crew, but Bach; Beethoven and Brahms are still overpowering stuff. 'Swinging Strings,' platter presen- tation of Louis Chico's outfit Wednes- day afternoons over 'WMCA, New York, is a welcome breather from the waist-deep bilee of the surround- ing dramatic serials. Outfit in which fiddle, guitar, piano, harp and cc- cordion are recognizable, play in- fectiously rhythmic versions of pops, oldies and classics, without leaning too 'far for the jive. stuff. There should.be enough daytlm* listeners allergic to hoke dramatiza- tions to attract attention. Jack Beroh's tenoring (Sweetheart Soap. Friday, 7:45, WEAF) Is aimed strictly at the femmes to peddle a scented bath wash. It'll probably do as such, though he doesn't own a standout voice. In some ranges, in fact, it's rather shaky. Berch sings the current romantle pops calculated to please the distaff side, but on this broadcast (17) in- cluded 'Way Out West in Kansas,' a definite misfit for both his audience and voice. Commercials are straight sales talks, the one halfway in the show being overlong. Actor Pay Tilt (Continued from page 49) are contraeted for much higher salaries. Equity formerly steered clear of minimum wages. It being once one of the few labor unions sans a pay scale. The $40 thing was started by the NRA legit code. 'When the latter was abandoned. Equity adopted the minimum-pay regula- tion. Movement proposes that In set- ting the new minimum, managerf would have the privilege of using junior members at the $40 level, but not more than two out of each 10 players In any one show. Equity still maintains a junior membership rating, but the current minimum i> $40 weekly, that figure being set be- cause it was felt that some show- men would cast juniors in prefer- ence to others \t the scale was kept at $25, as orljginally. Juniors do not qualify for senior rating until being two years in the profession and hav* had at least SO weeks of stage ap- pearances, including rehearsals. Chorines Boosted Most recent 'minimum wage raise on Equity's part was with the chorus branch. Last summer the stock rnusical scale was upped $5, but the benefits were questionable. In out- door musicals the number of chor- isters was promptly reduced, so that while those retained were paid more, there were fewer people engaged. The New York scale was also raised for the chorines, minimum being $35 weekly. That was no deterrent In musical production, as shown by th« increased number of such shows on the boards. However, the average Broadway producer has paid that much and higher for show girls right along. The increased minimum cannot become effective until the expiration of the basic agreement with the League of New York Theatres, which will expire at the end of the season. It's possible that a compromise fig- ure will be set though the matter is sure to be opposed by those who believe that show business is getting no better faster. Understood that the plan resulted after a show recently opened out of town, the salary guarantee, includ- ing return transportation, being so low that it aroused the ire of Equity- ites. Indicated that every member of the cast was engaged at the mini- mum of $40. Wednesday, March 1, 1939 CHATTER VARIETY 5S Broadway L. Lawrence Weber recovered from pneumonia. Bonnie Ames left Saturday (18) by MT lor Miami and Key West. Fla. Hufus LeMaire, east on bi2, heads back to the Coast in another week "'oeorge Lalt is in PolycUnlc bosr gltal for observation of possible in- >mal disorders. The 10th annual ball of the Press Photographers' Assn. slated for the * wJlte?liiiIibull. assistant to WiU Hays back in office after being " bedded with grippe. Ben Oakland, tuneclefter, in from Hollywood with Tony Martin while Sie latter personals at the Par. Doug Fairbanks, Jr., «hoved off to the Coast and RKO yesterday (Tues.) for immediate assignment Block and Sully's New York home fUrni^Dgs on the auction block, rreparatory to headquarterinjj west, Edd Johnson, World-TeUy feature writer, goes over to Collier's as as- sistant managing editor to Charles . Colebaugh. P. K. Thomajan, who .was with- Motion Piclwes Greatest Year cam- paign, has joined^ the Bladistonj; agency as copy chiel Ed Wolfe was given a surprise din- ner dance at the Belmont Plaza Saturday (25) in celebration of his 10th year as radio agent. jjois January planed in from the Coast to start roiearsals on 'Streets of Paris,' Shubert musical contem- plated for the World's Fair. > Independent Theatre Owners As- sociation of N.Y. sixth annual ball will be held at Hotel Astor March 16. Eli Danzig band dated in. .. The N. Y. Paramount has installed a new -type Neon light in its inner lobby. Probably will be used in the majority of the Par theatres. Bill Halligan thinks Jack Kirk- land's saga of the Florodora sextet, 'I Must Love Someone,' should be re- tlUed, "Tell Me Pretty Moron.' . With almost everybody promoting things for the hoped-for Worlds Fair cleanup, -each promoter is out auditioning or casting new backers. Cresson E. Smith, southern-west- ern sales manager for RKO, «n route to Miami, will cover some exchange points on the way back in two weeks ""^Arabian Nights club, nee the Yumurl, flnaUy slated to open next Thursday (9), with Joe ZeUi as a host or front-man, but not flnanaally Interested. . , ~, „ Joe E. Howard, vet of 60 years to show biz and composer of 'I Wonder Who's Kissing Her Now' observed his 7Sth birthday as a niember of Billy Rose's Diamond Horseshoe show* Frank Mathews (and Ada Ayres, who is Mrs. Mathews) have a new ham-and-eggery on West 52d. Benny Coodman's brother, Harry, recently Sreemed his Pick-a-Rib spot, also on wing street „ . . . , Mary Martin, of "Leave It to Me, and Winthrop RockefeUer won the tlOO merdjandise prize at El Mo- rocco Sunday night for Tiandson^st couple.' Now they're aU kiddmg the latter because, of all people, the poor kid needs that 100 bticks in free food and drinks.' . Charles LeMaire, who will design and produce the forthcoming Ring- lin" Bros., Barnum & BaUey circus, is in New York to confer with John Ringling North, head man of the show. Circus will open Apru 7 at Madison Square Garden, N. Y, using the billing 'The World Comes to the World Fair.' SL Lonis By Sam X. Hurst George Lloyd, chief of Symph orch b. o., abed with influenza. Maurice Marechal, cellist was guest artist with St. Louis Symph Friday (24) and Saturday (25). Hobart Bosworth told of some of his experiences under Kleig lights at meeting of local Optimist club. Jimmy Huddleston, treasurer, at FicM's Ambassador, participated in local Golden Gloves tournament Fanchon & Marco will handle an- ual police circus starting April 14. 'roceeds go to cops' benefit fund. Brooklyn club, successor to Hyde Park club, across Mississippi from here, has added nightly floor shows. Chester B. 'Tiny' Benler, program director at KMOX, playing role of Mayor in 'The Front Page' at Little theatre. Metro's 'Ice Follies of 1939' due for a four-night engagement start- ing March 8, at Arena. House scaled from 75c. to $2.20. Mardoni, magician; The Gearharts, adagio team, and Frances Wills, tapster, headliners at Club Conti- nental, Hotel Jefferson. Combo wrestling and boxing show at Arena, sponsored by local Shriners and under managem«it of Tom Packs, attracted gate of $19,021.80. Frances Buss, member of local Little Theatre group, has joined 'An- Sela Is Twenty-Two' company as un- erstudy to Flora Campbell, who has title role. Johnny Perkins wDl m.c. Paul Whiteman benefit show at Fox the- atre March 4 and then hie to Cbl- P] cago to open engageipent at State- Lake theatre. \ Samuel Goldenburg and compiany of 18 appeared in Yiddish musical play, 'AU in a Lifetime,' in opera house' of Municipal auditorium, at- tracting banner attendance: 'Mary' and 'On Your Toes' have been added to sked for St Louis Municipal Theatre association, spon- sor of alfresco entertainment in For- est Park. Seasoii opens June 2. The Opera Club of St Louis, made up of former members of the chorus of the Municipal Theatre association, held a reunion last week. Program was in the informal spirit of a For- est Park rehearsal. Laszio Halasz, who will direct the music of three grand operas- to be presented under sponsorship of re- cently organized St Louis Metropoli- tan Grand Opera Assn,, in to^wn se- lecting native chorus. . Lauritz Melchior, Marjorie Law- rence, Irene Jessner, Bertha Glatz, Fred Destal and Dezzo Ernster have been inked for principal roles In 'Die Walkure,' first of three operas to be presented by St Louis Met- TOlMlitan Grand Opera Association in Municipal Auditoriumi April 17. Paris By Hue:* Speck Ray Goetz in for. look. Rina Ketty topping Bobino bUJ. ' Jane Mamac winter sporting at St Moritz. Serge Rachmaninoff in on the Aquitania. Mistinguett off for Belgian tour with revue. Arthur Kelley In for European look around. Naro Padlo featured at Monte Cristo nitery. Arlette Marcbal cocktailing for Gloria Swanson. Jean-Pierre Aumont top bill at Club de Vedettes. New troupe of Helena Greasley Girls at the Cirque Medrano. Tino Rossi signing for month Of March with the Scala, Berlin. Harry Lachmann scheduled to di- rect 'Dardanelles' for P. Albert Femahd Gravet up from Riviera for opening of The Great Waltz.' Will and Gladys Ahem headlin- ing at Tabarin Variety Casino, Nice. Jean-Jacques Doumergue, known for his "personality nudes,' to Amer- ica. — Jean Renoir whipping script . of "La Regie de Jeu' into shape for early shooting. Jacques Fevrier, in from Belgium, planning Paris recital before Cen- tral European tour. - - Monique Bert to Marseilles to take femme lead in 'Berlingot and Com- pany' starring FernandeL. Pierre Benoit and Jean George Auriol adapting latter's 'Iain?' Franco propa-. ganda film; was wildly razzed at Its' premiere at the Phoenix, with the customers nearly wrecking the joint. Paramount's fllmizatlon of 'French Without Tears' will be made at Sound City studios, with company dickering with Michael Redgrave for lead. The Citadel' has been booked for the entire John Maxwell circuit Arthur Jarratt G-B booker, could have had it but thumbed It down as too grim andi-*- b. Horace Collins \ .a framing a show to open at the Suakespeare, Liver- pool, intending to call it 'Hellzaoop- pin,' when Harry Foster stopped* him as agent for the copyright owners. ' The Flashing Stream' cast that closed at the Lyric Saturday (25) after seven months, sails from here March 3 for its Canadian tryout, prior to its New York production. Entire London cast will be trans- ferred. Marquis de Casa de Maury, who operates the Curzon Cinema, opens the Paris, new Continental 500- seater, March 15 with French hit, 'La Bete Human' ('Human Beast'), starring Jean Gabin and Simon Simone. Cast of Mayflower's production of 'Jamaica Inn' includes Charles Laughton, Leslie Banks, Emlyn Wil- liams, Jeanne de Cacalis, Wylie Wat- son, John Longden, Basil Radford, Robert Newton, O: B. Clarence and Bromley Davenport Vi Bradley's song. Temporarily,' has been bought by Irwin .Dash Music Co. for publication here, and will be featured by Frances Day in George Black's new revue, 'Black and Blue,' which opens at the Hippo- drome next Wednesday (8). ety club dinner. Adrienne Ames honor guest 'Hy' Chapman,! Columbia branch manager, nursing several badly bruised ribs following skiing. J. Reg. Wilson, Monogram home- office executive, here from New York on swing aroimd mid-west branches. Harry Hirsch en route home from Tucson, Ariz, and California to re- open Gayety (stock burlesque) March 24. Moe Levy, 20th-Fox district man- ager, back from New York, where he was appointed 1939-40 S. R. Kent Drive leader. World premiere of Ice Follies' scheduled by M-G-M for Palace, Su- perior, Wis, home of Bess Erhardt one of stars. , Lois Abi ams, daughter of Morrie, M-G-M exploiteer, got in plug tor 'Honolulu' and 'Idiot's Delight' when Sueried by WTCaj during street ra- io broadcast Acme V8. Code (Continued from page 49) injunction against the League and Equity in applying the code, oh the grounds that the two bodies are in conspiracy to deprive the agency from doing business. Bench ap- peared to be dubious about that argu- ment indicating it favored any plan for the protectMn of the public, as contended by the defendants to be sufficient reason for the code. When it was claimed that other brokers had been coerced into -sign- ing the code, the judge again de- murred and remarked: "You cant prove coercion in this court' Tlie agency's attorney, in reply to the bench's question as to how many witnesses he has' supboenaed, re- vealed that all-! those brokers who signed the code had been served to appear. It was at that point that Judge Hofstatter ordered the case to a referee. Stated that during the latter's hearings he is to confer with the court as to the procedure. Proceedings appear to have been costly to the Acme people, for, be- sides the attorneys fees, a flock of witnesses have been called. In ad- dition to the 28 'accredited' brokers, many boxoffice treasurers were also served. This season agency was nicked by the government on claims pertaining to admissions taxes, con- tention that the levy was a pyra- mided tax not being upheld by the Internal. Revenue Department Pending the final settlement of the action, there has been little activity concerning the code regulations. This subject and otlters, however,- will be threshed out Friday (3) at a lunch- eon session by committees of the League and Equity, in the Astor hotel, N. Y. By Les Rees Ted Karatz, of Ultraphone, back from Florida. Joe Numero, accessories man, off for Florida vacation. Local earment workers' union pre senting 'Idiot's Delight' L. R. Abbott Motiograph vice president in from Chicago. George Turner, M-G-M salesman, spending fortnight in Florida. Bill Cameron, of M-G-M, end the wife sojourning in New Orleans. Joe Jacobs, Columbia salesman, to Omaha to assume . branch manager post Bill Elson, m.c„ at Twin City Varl- Equity Economy (Continued from page 49) eluding operating expenses in Chi- cago and oh the Coast No Salaried Frei Now What may be considered the elimination of .one major expense was doing away with a salaried president, dating from the time when Frank Gillmore withdrew to head the Associated Actors and Artistes of America. His salary was $12,500 annually. Burgess Meredith, who was prez pro-tern, did not receive pay, nor does Arthur ■ Byron, the present head. It was proposed to appoint a salaried executive direc- tor, but no .such appointment has been made. There was a material saving made in the legal department also. Last year efficiency people sur- veyed Equity and made a number of recommendations in an 87-page re- port, the suggestions being virtually the same as that made in a two-page report submitted by an Equity coni' "mittee. The longer, detailed survey is known as the- Lazarus report and the new committee is again examin ing it. One of the recommendations being mulled is the sale of the building housing the offices on West 47th .street , but the possibility of an up- turn in realty has delayed final de- cision. It's believed that space in a modern structure would be less costly than operating present ' quar- ters, as well as make for efficiency. Termination of the SAG arrange- ment came after th^t union revealed that it operated i|t,a deficit last year and has made plans for retrench- ment Screen organization will greatly reduce its membership with the idea of' increasing employment It expects a lower income and will reduce operating costs by nearly 50%. HoSjTwood Frank Whitbeck to Florida. Pat O'Brien building r.sw home. Sol Lesser celebrated a birthday. Mickey Roohey back from Miamt John Houston back from Broad- way. Louise Campbell back from Chi- cago. Fred Datig vacationing in Ari- zona. Betty Grable checked out of hos- pital. Bob Hope going to London next stimmer. Irene Dunne on vacation In (Georgia. Charles McCarthy in for studio huddles. Bill Powell taking sun treatments in desert Inez Courtney hospitalized for ap- pendicitis. (joraldine Spreckels recovering from bums.. Bill Powell strong enough to take daily strolls. Jack. Brower crulched with sprained foot Maxie Rosenbloom's nitery yegged for two grand. Dick Fortune in from Pittsburgh for interviews. Jeanette MacDonald silenced by infected throat Norma Shearer to hospital with throat infection. Margaret Sullavan and infant home from hospital. Warner Gland's relatives dropped contest over his will. Lewis Stone tumed\ down legit offer from Broadway. ^ Fied Acott.on four-week personal appearance tour of Texas. Charlie Goss moved from Hal Roach -fllckery ' to Columbia. Marie Seton in i^om Manchester, Eng., to write about film people. Joan Blondell to hospital with flu. Herbert Yates sunning in Tucson. Carroll Tornroth peddling talent for NBC artist service in Hollywood. Johnny WeissmuUer announced his engagement to Beryl Scott non- pro. Bob Baker extended his personal appearance tour to North and South Carolina. Meredith WiUson optioned for an- other stretch as 'Good News' musi- cal director. John Hoffman here from Chicago to look over Hollywood from sport editor's angle. Dinty Doyle, N. Y. radio ed, waa a guest speaker at Authors Club while in Hollywood. Sandy Bantett Lux scrlpter, goes off tlie deep end March 10. She's Roberta Black, airline stewardess. Sydney By Erie G«rrtck Larry Adler has been booked by Hoyts for Adelaide and Brisbane. Ernest C. Rolls is readying produc- tion of "Casino Revue" for early pres- entation in Melbourne for ANZT. During the recent Victorian hect- wave Hoyts dropped around $50,000 in one week. AU other chains took a heavy sock. Hoyts top films for Regent Syd- ney, Includes- 'Cowboy and Lady* (UA), 'Suez' (20th), 'Kentucky' (20th) and 'Gunga Din' (RKO). Movie Quiz introduced in '^''ictorla by Charles Munro for Hoyts is prov- ing a real b.o. winner. Scheme will be worked in New South Wales in March. Norman B. Rydgc, boss of Greater Union, following the resignation of Arthur Gillespie to join Metro, has appointed John Evans as chairman - of the GUT management committee. Allen Doone has been booked by Hoyts to appear in a stage presenta- tion at the Embassy, Sydney, in as- sociation with 'Man to Remember' (RKO). . Doone will, feature Irish songs. If idea clicks he'll be spotted around the chain. Chicago Sam Lutz home for a quick vi.sit Sid Strotz the latest to tussle with the flu. Frank Burke in with the Paul Whiteman orch. Mort Singer off on his regular jaunt to the Coast Stage Friends Club elected Sophia Schaefer Carlo, president Eastern vaude bookers in . for • squint at local acts and units. Phil Fein to Toronto to direct' a couple of civic opera productions. Harry Grel>ea is the late.st agent to be bitten by the Mexico-vacation urge. Sam Gerson to and back from the east on Shubert confabs for local shows. .Tony Owens on a quick plane ride to' Los Angeles and back over the week-end. Harry Mintum, FTP chief here, to New York for the getaway of the colored 'Mikado.' Ballyhooers meeting each Thurs- day for lunch in the Terrace Casino at the Morrison hotel. George Cruickshank made a short stop-over on way back to Seattle after ski meet promotions in the east 54 VARIETY Wednesdaj, March 1, 1939 OBITUARIES . JOE BBANDT . Joe B^dt, 60, film Industrr vet- eran, died Feb. 22 at hU home in Beverly Hills after • long illness. He was organizer and first presi- dent of the C3.C. Sales Corp., which later became Columbia Pic- tures. Native of Troy, N. Y., Brandt was admitted to the New York bar in 1906 and entered pictures as private secretary to Carl Laemmle two years later. He aided in the forma- tion of Universal and resigned as general manager in 1919 to form National Film Corp. In 1920 Brandt joined with Harry and Jacic Cohn in what Is now Co- lumbia, selling out his Interests to Harry in 1932. Since then he had not been active in ' production but did have a hind in some foreign distribution of Italian pix. Leaves his widow and a son, Jerry. Inter- ment in New Yoric DOBOTHEA SAINTE CLAIB Dorothea Salnte Clair, 28, musical comedy dancer featured in the 'Zlegfeld FolUes,' 'Whoopee,' "Rio Rita' and other Broadway shows prior to her retirement in 1933, died in St Vincent's Hospital, New Brighton, Staten Island, Thursday (23). Her marriage name was Mrs. Dorothea Salnte Clair Cardlllo Col- lins. Daughter of a vocal Instructor, she was at one time an advertising model OEOBGE GOLLVriTZEB George Gollwitzer, 72, veteran Pittsburgh musician, died last week after a long illness. He came to this country from Austria at 18 and got a Job playing the French horn Im- mediately in PitUburgh's old Grand Opera house. Also played in pit for legit attractions at both Alvin and Nixon theatres and was a violaist for the first Pittsburgh Symphony Or chestra. Gollwitzer helped to organize Pittsburgh local of the Musicians' Union. He leaves his wife and two daughters. CEDBIC WELLEB Cedrle Weller, 37, actor and son of S. MacLeaiy Weller, Walter Hamp- den's personal manager, died Sun- day (26) at his home in New York City following a protracted illness. Weller's first stage appearance was with Hampden In 'Cyrano de Berg- erac' A member of the company for several years, he later assisted his father in conducting Hampden's road tours. Hampden delivered an eulogy at the funeral services yesterday (TueS' day). Surviving are Weller's father and three s'sters. WILFBED T. VAN TOBX Wilfred T. Van Yorx, 68, vocal in- structor for Billie Burke, Dennis King, Frank Mtmn and Alice Brady, among others, died of a stroke J* McCarthy and recently operated a florist shop at Oakwood, Staten Island. Her parents, her husband, a son, a sis- ter and two brothers survive. JOHN J. CBOITT John J. (Jack) Crotty, 62, legit player, died in poverty Feb. 22 at the Goodfellow House in Milwaukee. Twenty-five years ago, one of Mil- waukee's theatrical favorites, he played stock at the Schubert, Juneau and Crystal theatres. ■ Later hi held supporting roles with Henry Miller in •The Great -Divide'; with WUton Lackaye in The Pit^ and Mrs. Fiske- fat 'Caprice.' Unless relatives are found, Crotty will be burled in potter's field. Thursday (23) In his home In Mi Vernon, N.Y. Van Yorx had appeared as a solo- ist on five occasions with the Boston Symphony orchestra' and for many years sang Ip New York churches. He had a studio in New York for the last 25 years. Widow and two sons survive. BOBEBT GLECKLEB Robert Gleckler, S2, whose per- formance in 'Broadway' and other New York stage . pl^ attracted Hollywood attention and won hhn considerd>Ie picture work during the past 10 years, died Feb. 26 in North Hollywood of uremic poison- ing, ninesfl ncently forced bim to withdraw from a part in 'Gom With Wind.' Gleckler leaves his widow, former Adelaide Kendall, legit player, and three children. BICHABD COPLEY Richard. Copley, 63, New York concert manager, died of a heart attack in Toronto Feb. 27. He was in Toronto arranging bookings for several concerts at the time of his death. Late Mme. Schumann-Helnk, Mischa Elman and Josef Hoffman all performed under his manage ment at various times. Survived by a daughter, with whom he lived in Hackensack, N. J. BENNY BEBMAN Benny Berman, 41, recently Coast professional manager for Bregman- Vocco-Conn, and with many other publishers in his 25 years In the music business, died Feb. 24, of pneumonia in Los Angeles. He was a familiar figure in Hollywood and enjoyed the friendship of most music directory 'and radio singers. He leaves a wife and daughter. JAMES DAWSON James (Jimmy) Dawson, 40, or- chestra leader, died Feb. 21, in Cleveland, after an Illness of a year and a half. For the past 12 years Dawson headed his own danQ$ band, which played in ballrooms and stmmier resorts In Ohio. Be- fore that he was a vocalist with Griff Morris' orchestra. His widow and a son survive. FBANZ' SCHBODT Franz Schmidt, Austria's foremost opera composer, died on Feb. 12, Bom in Pressburg, near Vienna, in 1874, his most famous opera is 'Notre Dame,' which has been pro- duced In almost all countries of Eli- rope and in America. Sclimidt began his career as 'cello player in the state opera. JAMES DAWSON After an Illness of 18 months, Jimmy Dawse business in this country, are somewhat distorted and do not give an accurate account of the workings M this agreement The contents of Jhese articles would give the im- pression that the Japanese Govern- ment is not living up to its under- takings, which is contrary to fact We wish to state here. most .em- phatically that for all practical pur- poses the Japanese Government has so far lived up to every promise made to the American motion pic- ture distributors .In Japan. The accumulated funds as agreed upon have been .remitted to the United States; about half the num- ber of pictures permitted under this agreement have elready b^ im- ported, dnd we have good reasons to believe that the agreement will be lived up to in its entirety. May .we, .therefore, ask you to be good enough . to give this letter prominence in your columns. AMERICAN MOTION PICTURE ASSOCIATION OF JAPAN. (Chairman: J. D. Hermann.) Impression in the U. S. film indus- try is that the Japanese government has lived up to the full letter of its agreement with major film com- panies regarding shipping pictures' into Japan and- placing funds in San Francisco. In fact film officials ar- riving in New York from Japan have regarded the trade agreement dra'Wd up was about as fair and impartial as could be given under existing cir' cumstances. No officials in New York could be found who felt that Japan was trying to get out of the contract or even temper the agree- ment Vabiety in a recent Issue related how all funds agreed on had been paid into the Yokohama Specie Bank in San Francisco, Previously it had explained how films had entered Japan, RADIO CITY RUNNER^UP ASAN.Y.FARMIIST Radio City has been pegged as the No. 2 attraction to the N. Y. World's Fair for visiting tourists ly two lead- ing travel agencies handling trip tickets to the exposition. Bott American Express and Cook's have it on these trip tickets as the out- standing attraction after the fair has been taken in. Visitors are offered the NBC radio studio show and its television tour or Rockefeller Cer.ter Observation roofs. NBC is counting on getting 15% of the 50,000,003 expected at the fair, or approximately 2|72O,O0O visitors. American Express has' tied up some 10,000 hotel rooms in N; Y. for its trip ticket or package tour ducats for the fair. These include taxi fare to hotels, charge for hotels, admis- sion to fair and the Radio City tours. Express company has bought largest advance block of exposition tickets of any firm. Both American and Cook's all-expense (outside railroad fares) ducats range from about $9 for 2-day (cheapest hotel) to $52 for 7-day visits, latter being at the ex- pensive hotels. Opening Week s fk GoMen Gate Fair Forecasts Fmancial Success Spanish Bctngce Film San Diego, Calil Editor, Variety: I see by the Feb. 16 Issue that a HoUjrwood studio la about to make a refugee picture. Doesn't say what kind, of refugees but that still leaves 'em one year behind Mexico. They've turned out a picture down there called Hefugees in Madrid.' I saw it in a little Mexican bouse here and was surprised to find it had English subtitles. It Is a long picture, too, but so interesting it seems short Although the title is 'Madrid,' the - story would fit any embassy anywhere at the opening of any war. Film shows how all types of people are thrown together in a neutral zone, from spies to opera singers, as they seek refuge from conflict It's as good, as plenty of U. S. productions Fve seen. I don't know if Variety had any- thing to do with it or not but some time ago you published a letter of mine in which I wondered why someone didn't try a world-film pol- icy in this town; now it's being done, and we've had such films as 'Grand Illusion,' 'The Cheat' 'Beethoven,' etc. Karl Wyllis. Seek Chatbam (Cartwrlght) Flushhig, L. I., N. Y. Editor, Vabiety: Am trying to locate my father. The last I heard from him he played In the 'Girl from Paris,' His name is James Hoyt Chatham, sometimes known as Cartwright I do not know if an actor at his age would still be; in existence. He would now be about 60. Robert W. Chatham. CARNIVALS NIXED IN DETROIT, SALT LAKE Detroit Feb. 28. Outlawing all carnivals within city limits, regardless of sponsorship, common council last week acceded to Councilman John C. Lodge's, long fight against street shows. Action was precipitateid by request from local Veterans of Foreign Wars post to- sponsor carnival with pro- ceeds to go for welfare and relief purposes. Surprise move was pro- vided by Councilman Eugene Van Antwerp, who's, also national com- mander of V. F. W., when he argued against the idea because 'the carnival people are the only ones to benefit isince the carnival ordinarily would have to pay $50 for a city permit and that's all it's offering the spon- soring organization.' Salt Lake City, Feb. 26. Peelers and 'unwholesome side- shows' were . principal reasons cited by the Salt Lake City commission in flatly tabooing carnivals here for re- mainder of 1939. ActlQn was . greeted with disap- proval by severaj^',. organJ^^ioos. Press at Fair (Continued from page 1) cently completed $200,000 Working Press building. It is probably the most elaborate setup ever arranged for newsmen covering an exposition or any show of this type. More than 23 offices, rooms and headquarters for different w6rking newspapermen, besfales reception rooms, a modern recreation hall, showers and other facilities have been established for the Fourth Es- tate in this Working Press building, which Is situated near the Adminis- tration building entrance and the Press-Promotion building. Fair suggested cooperation of N.Y. dailies and a committee of city ed- itors, consisting of Edmund Bartnett of the Sun, chairman; Charles Mc- Lendon, Herald Tribune, and Walter Lister of the Post conferred with Whalen and Boone on their needs for extensive fair coverage. After out- lining requirements this committee met with wire service representa- tives, photograph indicates and the N. Y. City News Association to map further details. Check showed that New York daily papers each would assign three to el^'t men regularly to cover the fair. Newspapers were asked the amoimt of space needed, rated ac- cording to number of men working, and this was allotted. Figured that 12,000 square feet of space would be required, which Is space In new structure. The largest newsrooms are suited for seven or eight men. Separate rooms have been provided for all New York dailies. Another press- room, 400 square feet in size, has been established for out-of-town cor- respondents. Another Is set aside for foreign. Dark Booms, Etc. In addition wire associations such as UP, AP and International News also have separate quarters. There also is a room for Long Island news- men and quarters for visiting pho- tographers. Cameramen with daUy N.Y. papers have been given space with the publications they represent a dark room connected to each. The four picture syndicates, Wide- World, Acme, International News and Associated Press, each have sep- arate offices, equipped with dark rooms and facilities for developing and printing photographs. Building has been laid out so that wire-pho- tography apparatus can be Installed where wanted. AP has its wirephoto and camera division immediately ad- jacent to. the AP newsroom in a combo office, dark rooms being in- cluded in alignment Newsreel dark rooms will be spotted on.the ground floor of some centrally located build- ing because of heavy equipment of crews. Cameramen will be able to rush completed prints to New York via Long Island railway's 10-minute ser- vice or can be sent by motorcycle carrier to North Beach airport for more distant shipment by plane. New York Journal has made ar- rangements to fly negatives by .car- rier pigeon from the roof of the Working Press building. Both Postal and Western Union will have offices in this structure. Building also has a large reception hall at the top of the stairs with a big office, for the fair's publicity rep- resentative on duty each day. The Press JgMmqtipn building will con- San Francisco, Feb. 28, Huge financial success is predicted for the 1939 Golden Gate Interna tlonal E:q>osition by officials who are gleeful over the response of the thousands who flocked to Treasure Island, .^ite of the Fair, diiring the opening week. Weather has been perfect ■ Exposition Visitors so far have spent just twice as much per person as the optimistic experts estimated. According to the office of H. C. BortoS, chief of operations, visitors are spending about $2.40 per person,- which is twice the anticipated per person expenditure. At the 1915 Fair, the expenditure was 67c per person and. at Chicago's World's Fair the per person expenditure was $1.17. The opening two days of the ex- position topped Chicago's attendance figures by 50,220 paid admissions. About 250,000 camr to the Fair on the first two days. Washington's Birthday dreW jusV a few hundred less than the opening day's take. Attendance was set to break the 600,000 total over the weekend. Expo execs are amazed at the amount of real dough which is be- ing taken at the turnstiles; 55% of those admitted on opening day put hard cash on the line in order to get by the gate. A single ticket from the $10 scrip book costs the owner 20c while one from a season book runs little better than 7c. Based on this breakdown It would have taken 300,000 ticket admissions to equal the first day's actual cash income at the boxoffice. It is this cash which will enable the exposition to spend some money for other attractions for the Island. It is generally believed that the many stories run in the local papers about the traffic jam expected on the first two days on the Island were the reason for maqy of the natives staying away from the Fair for sev- eral days. Traffic problems have proven to be a myth. The 'bring your lunch' warning also cut down attendance consider- ably. The five-day Fiesta celebra- tion heralding the openhig of the exposition, . instead of helping, hurt attendance by localites during the first two days. There were about 50 celebrations in honor of the open- ing of the Fair, some of which ran Into the small hours of the morning. One of the first ills to be corrected and one that has already been the inspiration for a blast over KYA, local Hearst radio station, is the ex- orbitant prices that are being charged In some of. the restaurants tlnue as Boone's headquarters and that of the press department Editors and writers froin out-of- town, covering the exposition, will be given short-term passes, while those at the fair only for one day will receive ducats on presentation of credentials in the rotunda of the Administration building. This struc- ture will be outside the fair grounds proper when the show opens April 30. Boone has assured the press that no working newspaperman will be turned away. Those going to the fair by the BMT-IRT or Long- Island railroad will land near the Admin- istration building where credentials may be readily presented: This Is close also to the biggest parking area of the fair. Those entering via the Independent subway entrance Will be conducted through the grounds to the main Administration building credential booth. There will be three forms of pass- es. One is. the season ducat, given editors or publishers. These are non- transferable, having photos attached for identification. These also will be given reporters and photographers; assigned regularly to the Fair grounds. Second class is six-day, short-term pass for editors, scnbes and cameramen from out of town. These also have photos attached and are non-transferable. Third form is for one day, obtainable only at the grounds in the Administration building. Grover Whalen, Head of the fair, is sending letters to all editors and publishers throughout the world, thanking them personally for the 'fine press' they have given the ex- position. He gives full credit to them for helping put the fair over. on the Island. Some of the eating places undoubtedly took advantage of the shortage of dining facilities by upplng the prices, However, Expo officials are looking into the situation, which undoubtedly will be corrected with the increase in dining accommodations from the present 4,000 to 14,000. Plans for a 9,000 capacity dining room oh the Gayway are already drawn. Food concession men are said to have stalled a. bit in erection of dihinc facilities not wanting to carry too many on their staffs during the lean months. The Owl Drug Co., which is win- ning plenty of good will by serving meals at mainland prices, is think- ing about doubling its space to ac- commodate eaters. The Happy Valley Ranch, a three- acre barbecue emporium, opened this weekend with facilities to hand out hickory ■ barbecued sandwiches to several thousand people at a' time. Singer's MidKcis Folds Biz was not so forte with the Stamp Exhibit and the replica of Mark Twain's' home so the gate has been removed and these two con- cessions ate being operated on a contributing basis. Difficulties with- in the organization and some finan- cial trouble caused the sudden fold- ing of Leo Singer's Midget 'Village after two days of . operation. Al- though this is said to be in line for reopening, wise ones opine that this show wUI remain shuttered. The Monte Carlo mystery show also has been a poor draw. Other attrac- tions on the Gayway have done big biz. A fresh batch of concessions Is springing up in empty lots through- out the fun zone. New Sideshows Newcomers on the midway Include a 160-foot crane which will give a view of the Fair from the air. The crane has two long arms, at the end of each of which is a wire globe equipped with bei.ches. A replica of an oldtime village in Scotland is rapidly nearing completion on a loca- tion near the cow palace. This Is expected to be conipleted early this week. Also new to the section is a theatre designed to Illustrate the technical side of the moving picture industry. Newsreels and short sub- jects will be sbown and all- the machinery used in projection will be exposed to view behind a huge sheet of plate glass. The largest horse' tat the world, weighing 3,200 pounds, is now on ex- hibitioa. He - measures' 40 hiches around his collar and 10 feet 2 Inches around his middle. Greenwich Village, a $100,000 ven- ture backed by Harry Seber and oc- cupying 34,000 square feet will be ready within the week. 'Cavalcade of the Golden West' mammoth outdoor pageant financed by the expo company with a cast of more than 150, has been slow in getting started but Is expected to build. Scaled from 55c to $1.10, 'Cavalcade' is being presented three times daily, running approximately an hour and a quarter. Insuiffldent advance ballyhoo contributed to slow start, but the pageant is now getting good word-of -mouth pub- licity. Ski juinp, which cost the expo $25,000 to build, sc^ne of several skiing exhibitions daily, drew heav- ily on the crowds during the first, two days and on Washington's Birth- day, and wound up an eight-day run last Sunday. Top admlsh for this was $1.65. Too many pohits of vah'. tage from which to see the exhibi- tions cut into attendance conslder- erably at the 9,000-capacity sports stadium. The fair's department of conces- sions is negotiating' for a thrill jump by parachute as a special attraction. Thirty days, according to Major Oscar Keatings, chief of the foreign participation division, should see all pavilions in the foreign section open. Fair's Palestise Exhibit Jerusalem, Feb. 15. Thirty thousand dollars In World Fair exhibits represent the total out- lay of American Jews in the' Pales- tine Pavilion of the New York expo. A. Elhananl, chief architect of the pavilion and director of the exhibits, faccompaoied by his assistant D. Buchbinder, are supervising the erection of the show in N. Y. RADIO SCREEN STAGE Published Weekly at 1B4 West 4Mh Street, New YorK, N. Y.. bjr Variety, Inc. Annual eubeorlptlon, 110. Slnsle coplee. 2S centa. Entered aa oecond-olass matter December it. 1906, at the Post OKIce at New York. N. Y., undir the act ot WArch ». ijVJ. ■ COPTBICHT, IBM, BY TARIETX, INC. • Al-t, ftlGHTB BESEByED, Vol. 133 No. 13 NEW YORK, WEDNESDAY, MARCH 8, 1939 64 PAGES Half of Pittsburgh's Cafes May Fold Due to Inability to Pay for Lcenses Plttsl>urgh, lAay 7. Nltery biz here Is worst In years and present indications are that cates will be cut more than haU after May- 1. Applications for new booze li- censes in this district, which must be filed within next co\jple of weeks, are more than 50% less than they were at same time last year. Lot of the niterles have been un- able to raise the $640 necessary for new licenses. There's an additional $120 charge if a spot has music or entertainment. Operators of the smaller spots are complaining, and there's been some talk of organization to register pro- tests before the state legislature. They claiAi it's not fair to charge them, the same as the bigger places. Frisco Niterles Rap Sacramento, March 7. More than 95% of Sail Francisco's bai^s, cocktail lounges, night clubs aiid similar establishments face eradication under provisions of a proposed law now pending before the legislature. The bill, introduced by Senator John Phillips, provides that 'no retail liquor license for premises located within 1,500 feet of a pub- lic school, parochial school, chil- dren's playground, public library, church or hospital shall hereafter be Issued, renewed or transferred.' The measure is said to have been Introduced at the request of the Cali- fornia Congress of Parents and Teachers. Umbrella Man Paris, Feb: 2S. The latest dance here is the ' Chamberlaine. It's being done with an um- brella. FILMS TO SPACE LEGIT AS STRAWHAT B.O. AID Films may be used at organized on the lines, of New York's . Town Hall, the Players were formed in. 1B29 under the direction of Charles Flato. Lilian Arnold, the present director, sue- ' ceeded him the following year and has guided the policy from the usual amateur predilection for classic re- vivals to plays of 'peace, labor and general contemporary t>roblems.' Local authors are also encouraged to submit originals. Members all work during the day and meet at night The director is a librarian, the business manager a lawyer. Players' eventual hope Is a permanent community theatre, play- ing professional repertory and filling a 'long-felt need' for Boston legit They believe that half-baked tryouts dumped on Boston have spured the public, but that a serious and sin- cere group could win support. Hanging Hurts A $25,000 damage suit was filed Friday (3) in the N.Y. supreme court by Boris Demltroff, wrestler and ac- tor, against Universal Pictures for personal injuries suffered while ap- pearing in a scene for Universal Newsreel last year. Plaintiff claims that he was sup- posed to be hanged in the scene, which was shot in N.Y. As a result Demitroff claims he suffered a neck infection. Vlie Horn 0$ Oumh 34 GIRLS andONEMAN Phil Spitalny and His All Girl Orchestra VARIETY PICTURES Wednesday, Marcb 8, 1939 Suit Charges Loew s Execs Hurt OwnCo.byHelpnigOrgaiiize20th Wilmington, Del., March 7. A conspiracy to defraud Loew's stockholders in the organization of 20th Century-Fox Pictures is charged in a suit filed in Chancery by Arnold Hermann, New York, tioew's stockholder. Exorbitant salaries and bonuses, and granting relatives concessions and privileges, at too high salaries, is charged in the complaint, which also asserts Darryl F. Zanuck was induced to resign froih Warners and use. his influence to persuade George Arliss to enter employment of the new company. . Defendants named are: Loew's, Inc., David Bernstein, Isadore Frey, Leopold Friedman, William A. Phillips, J. Robert Rubin, Nicholas M. Schenck. David Warfleld, David Loew, Arthur Loew, Louis B. Mayer, Darryl F. Zanuck, Joseph M. Schenck,. William F; Goetz, J. E. Searle, J. R. Hazel, George N. Armsby and William A. Parker. In the organization of 20th-Fox plaintiff charges the defendants, es- pecially Nicholas Schenck . and Mayer, with inspiring loans and pro- viding the capital funds for a com- pany which has become the 'strong- est competitor' of Loew's. Alter or> ganlzation, bill charges, the defend- ants, loaned actor^, artists, directors, writers, and other talent from' Loew's to 20th for grossly Inade- quate compensation.' Suit asks that the defendants be enjoined from disposing of any 20th Stock they hold; that their stock be sequestered to compel appearance; that the 2Qth ptock of the defendants be Impressed with a trust in favor of Loew's and be decreed Loew's property; th^t the defendants ac- count for alleged misappropriation of money and for loan of Loew's stars .and other talent to Selznick, Inc. J m COMMnTEE TO STUDY VISIO In order that the picture industry may develop a policy of cooperation with television, when the latter passes from experimental to com- mercial operation, the Hays organi- zation has named a committee, with 3. Robert Rubin, chairman, to in- vestigate and recommend.. Hays office also has engaged Courtland Smith; formerly head of Pathe News and one-time secretary of the Motion Picture Producers & Distributors Assn, to conduct a full survey for the committee. Smith also was editor of Fox Movietone and is known in the trade as an inventor entirely familiar with the technical phases of television. He will conduct his survey mainly from New York. The Hays office made a television survey several years ago. The pres- ent one consequently is to inform the picture industry oH its current status, it anything important has de- veloped that should be laid before film executives and any phase of television that may effect the film . business. 17 VISIO UCENSES ISSUED IN AMERICA Washington, March 7. There are 17 television plants cur- rently conducting experiments in vis- ual transmission, according to most recant FCC check. Revision of li- cense lists showed six more transmit- ters in course of construction, due to take the air in the immediate future. List was headed by General Elec- tric; which recently has been awarded four construction permits for image plants at Bridgeport, Schenectady and Albany. RCA had tickets for three stations, NBC and Philco for two each. Others cata- loged were: CBS, Don Lee, Allen B. DuMont Laboratories, Farnsworth Television, Inc., First National Television, Inc., General Television Corp., Kansas State College of Agriculture, Purdue Universl^, Radio Pictures, Inc., Uni- versity of Iowa, and Zenith Radio Corp. Power assi^uneiits vary widely, from 15 watts in the case of the PhUco plant at Philadelphia, W3XP, to the 30 kw outlet of RCA, W3XEP, at Camden. Including construction- permits in existence, nine of the ex- perimenters are using 1 kw or more juice. LESLIE HOWARD PROD. TO BE BACKED BY RKO RKO's Net '38 Profits Placed at |173,578 The consolidated net earnings of RKO for the year ended Dec. 31, 1938, was $173,578, as against $1,821,- 165 the year previous, according to O. C. Doering, attorney representing Irving Trust, «^o disclosed the fig- ures In an application for allowances to Federal Judge William Bondy on Monday (6). The judge reserved decision on the ^plication of $85,000 for Irving Trust and $95,000 for William J. Donovan, attorney for Irving Trust, who are seeking ad-interlm fees for their services covering the period of Oct, lS37-Oct, 1938. SAILINGS April 15 (Los Angeles to Tahiti), Del Lord (Haraki). March 11 (New York to London), George Sanders, Morris Helprin (Queen Mary). March 4 (West Bidiea Cruise), Mr. and Mrs. Abel Green, Mr. and Mrs. Arthur "Buns' Baer, Arthur Schwartz (Champiain). March 4 (London to New York), Charles P. Skouras, Alfred Hitch- cock, Eric Boon, Sid Hulls, Sir Har- old Wernbar (Queen Mary). March 3 (London to New York), Eddie ''Peabody, Dorothy Buccola (President Harding).' March 3 (Los Angeles to Hono lulu), Brskine Caldwell (Lurllne). March 3 (New York to Paris), Claire Luce, Tchelitcheff, Henry Hector Bolitho, George White, Rene T.,e Roy, E. L. 'Curly' Lambeau, Count and Countess von Tripp (Noirmandie) . March 2 (Los Angeles to Sydney), Jan Rubint. (Mariposa). London, March 7, Phil Reisman, foreign manager for RKO, has announced that his New York office has approved a deal whereby his company will finance a Leslie Howard unit here on the same basis as Imperadio Pictures. Impe- radio, an English producing com' pany, is reported here to have been entirely financed by RKO, which will distribute at cost, the producer getting the first coin and the dis- tributor participating after the pro- duction cost Is out of the way. Im- peradio will make several features in Great Britain annually and one or two in Hollywood. Anne Neagle lis set to appear in the Initial U. S. film, and sails shortly. First feature in England will be "Kitchener of Khartoum,' In color, with many Hollywood stars tised. Imperadio was form^tTfib'tlKat Her- bert Wilcox could continue making fihns for RKO release. Wilcox ar- rived here with Reisman March 3. wB's mm '39 LOAN PLAN Official confirmation of a bank loan to swing its 1939 bond exchange plan was made by Warner Bros, yes- terday (Tuesday) in a letter to bond- holders. Company has finished ar- rangements for a bank credit agree- ment covering a secured loan in maximum amount of $6,00O,()00, ma- turing in varying amounts every six months storting April 1, 1940, and ending April 1, 1944. How much the loan will be depiends on how many bonds have not been exchanged when the 6% convertible deben- tures come due next September. Copy of the agreement has been filed with the Securities & Exchange Commission, Statement to holders of bonds showed that $19,266,000 principal amount of debentures have been de- posited under the plan of exchange, annotmced last July, certificates of deposit having been issued in that amount It also stated that the com- pany has purchased in the open mar- ket $471,000 principal amount of these certificates to be used for sink- ing fund purposes for the proposed new debentures, also bearing 6%. Company also has purchased in the' open market $3,102,000 principal amount of debentures, of which $1,- 700,000 have been retired and the remaining $1,402,000 held in the treasury for retirement in due course. WB's statement was that after al- lowing for these purchases, there re- main outstanding $25,827,000 princi- pal amount of certificates of deposit and debentures. Same statement eS' timates that second quarter earnings for the three-month period ending Feb. 25, this year, will be in excess of the similar quarter last year, when they totalled $1,139,018. Keaton's Comeback Hollywood,. March t. Buster Keaton is trying a come- back as a comic in a new deal with Columbia. Pact calls tor a pair of two-reelers, with options for additional shorts. Neagl( ARRIVALS (At the Port of New York) Bruno Walter, Margaret Williams, iStcU Anderson, Ogden Nash, God- frey Tearle, Leo Genn, Roger Max- well,. Eve Curie, Anthony Ireland, Laurier Lister, Patricia Godfrey, George Cross, Karl Schnabel, Mar- iiaret Rawlings. Chaplin and DA May Examine French Tohis An application by Charles Chap lin, Chaplin Film Corp. and United Artists to examine the president and secretary of Films Sonores Tobis, S. A., before trial was granted last week by Federal Judge Alfred C Coxe in New York. Chaplin and UA are being sued for ap injunction. and an accounting on 'Modern Times,' which Tobis claims plagiarizes 'A Nous La Liberte,' . French film produced by Films Sonores Tobis. e in Title Role Of TWarie Lbj'd' in London London, March 7. First Hollywood feature to be made by Imperadio Pictures, RKO- EngUsh production company, will be story of Marie Lloyd, English music hall entertainer. Anne Neagle is set for the femme lead, with negotia- , tions now on for Cary Grant to cOr star. Film will be in color. Miss Lloyd attracted attention in -America as early as 1007. Her songs won her acclaim at the Palace, N. Y., and. elsewhere in the U. S. She .again appeared at the Palace' in No- - vember, 1913, six years after her act was originally reviewed by Variety. A sister, Alice Lloyd, is still head- lining In English show biz. Other News of Interest to Films Norman Rydge, C.V.T. chief, enroute to N. Y Page 23 Threaten French curbs on U. S. films .Page 23 ASCAP vs. Radio skirmishing Page 39 Amos 'n' Andy shift to CBS .Page 41 Loew's WHN suggests NBC form 'White' network Page 41 Radio income for February Page 41 Hazy status of AFR A- Writers Guild relations Page 42 Radio reviews: Joe Cook, Gloria Dickson, Bonita Granville. ..Page 48 Hepburn's 'Philadelphia Story' record gross Page 59 Visio Prize %ht Clicks liOndon, Feb. 28. Boon-Danahar fight, as seen on theatre television, was a thrill, and has got the whole film industry Intensely worried with Its Indication of a virile new form of entertainment that may change the whole structure of the business. Show was seen on two systems, Balrd, at Marble Arch Pavilion, and Tatler, Scophony. at Marble Arch Mon- seigneur. In comparison, Balrd Is easily tops for size of picture, using a screen 15 by 12 feet as against Scophony's « by 5 feet but latter won by a clear k.o. where clarity and brilliance was concerned. Quality of reproduction, though, didn't matter; what counted was that the theatres were jammed to the roofs with rabid fight fans, who sat the battle through, yelling their heads off, just as If they were at the ringside. Non-Commercial Television (Continued from page 1) prizefight a fee of some hundreds of pounds for permission to reproduce the contest on their screens. Hulls andi Harding grabbed the dough without hesitation, promptly told BBC If it wanted vIsio righta It would have to pocket Its pride and let G-B use the. broadcast. So, rather than lose a good program, BBC fell for it though endeavoring to cover Itself by issuing a .ttean- ingless Press statement the conces- sion was not to be regarded as a precedent If It was not that they gave no indication of what they thought It. might be. Exhibitor Complicated Even at that there might have been further delay in crystallizing the situation, determining how and when public reproduction of pro- grams might be permitted. But ex- hibitor Jack Davis, who, If be makes a living out of his theatres, certainly Hays' 17th Anni Will Hays quietly observed his 17th year as head of the Motion Pic- ture Producers tc Distributors Assa Sunday (5). Hays became the first president of the MPPDA on March 5, 1922. His present contract runs until March, 1941. L. A. to N. Y. Don Ameche.- Robert Armbruster. Rose Bamptoii. Binnie Barnes. Russell Bennett Edgar Bergen. Pandro Berman. Arch Bowles. Jack Brower. Dorothy Brown. Arthur Bryan. W. E. Calloway. Henry Fiske Carle. Diana Carlson. Howard Chandler. Max Cohen. Lester Cowan. Donald Dickson. Sam Eckman. Steve Hannagan. Moss Hart Milt Howe. Paul Kelly. Ruth Adams Knight. Cal Kuhl. Dorothy Lamour. Laudy Lawrence. Abe Lastfogel. Arthur Loew. Dick Mack. Clem McCarthy. Laurence Olivier. Sam Rinzler. Flora Robson. Wynn Rocamora. James Roosevelt Richard Rosson. WUliam A. Scully. J. J. Sullivan. Joe Seider. Jack Skirball. Homer Tasker. Olcott Vail. Anthony 'Veiller. Roy Webb. George White. Jock "Whitney. N. Y. to L. A. Neil F. Agnew. Barney Balaban. William A. Brady. Trem Carr. Bob Colwell. Scott R. Dunlap. Grace George. Sonja Henie. Sidney Howard. Jack Kapp.- . S. R. Kent Bert Lahr. Elliot Nugent William F. Rodgers. Louis Schurr. doesn't command the resources be- hind G-B, threw a chestnut in the fire by demanding similar facilities for a new translux type of cinema he was just opening, and which he had had fitted with a Scophony big screen a'ppiaratus. And the BBC turned him downl They said they had no power to grant him permis- sion, because they understood Hulls and Harding had sold exclusive' rights to Gaumont Davis let oiit a yell, Immedtately charged BBC with abetting a com- mercial monopoly by allowing state- owned services to' b« exploited by G.-B., and threatened to carry the matter to Parliament At ibe same time he so pestered Syd Hulls that eventually latter accepted a price so that Davis could use the broadcast too. Funny end of- the situation is, both Davis and G.-B. get publicity worth many times the- cost Syd Hulls geta a nice rake-off, but BBC gets not a sausagel Moreover, in a. letter to Jack Davia over signature of Ita television dir rector, Gerald Cock, BBC had opened the dopr wider by revealing it was ready to consider further pub- lic broadcasts on stated conditions. These were that only remote broad- casts, such as those of sporting eventa, would be eligible, and that permission of the promoters must naturally first be got This offers the theatres a wide range of valuable screen material, such as Interna- tional football games, athletic events, the Derby, Oxford and Cambridge boatrace, fights. Ice hockey contests and so on. So theatre television Is in. Both Gaumont-Britlsh and Jack Davis are ready to jump in with installations at more theatres. G.-B. ready to put Balrd units In 20 or 30 London cine- mas, Dav4s playing ball with Sco- phony, who could service 10 houses for hhn in a short time. Scophony, too, must eventually go into the Odeon theatres, but at this time It lags slightly behind Baird with its big screen equipment and ita larg- est practicable size is about 8 ft, which is suitable for a small ca- pacity news theatre, but useless for the 2,000 seat Odeons. Company is near ready with a 16 ft screen sys- tem, but meanwhile Baird has the more practicable job, which gives an image up to 15 ft in dimension. Until the bigger job is complete, Deutsch and Scophony obviously will willingly tag along with Jack Davis, which means when future events are televized threata of a price war are already brewing. That means G-B. vs. Odeon, and when John Maxwell, brings his Associated British chain into, the fray, ' possibly by linking with another major radio concern like E.M.I.-Marconi, who have, dickered with big screen stuff, there'U be fun and games for all. Meantime, exhibitors are already seeing the red light The fact all three theatres relaying the . fight had the S.R.O. boards well in evidence— with a $5 top at that— pointa to a big market for this form of enter- tainment, and that means the whole face of the industry might change overnight. London exhibs, natural- ly, have' got the jitters worst be- cause the developmenta ' threaten them directly at this time, and their section of Cinematograph Exhibitors Ass'n is already demanding the par- ent, body set up and maintain a live committee to wateh every step taken by visio and protect them against its onslaughta. Newsreels, like\yise, are on some- what of a spot, and their first re- action was to boycott the event com- pletely. But because that might look like cutting off their nose to spite their face, G.-B. decided to. combine the righta for which they, had paid, and put the show on their reel as well, at the same time handing prjnts over to Universal News, which is its stable companion. Other reels were offered footage, but failed to reach agreement on terms. Wednesday, Marcli 8, 1939 PICTURES VARIETY FEWER FILMS IN 20th's Studio Expansion Up at Coast Huddles; Skouras Chiefs Go East Hollywood, March 7. Sidney Kent is resting at Joseph Schenck's desert retreat prior to the 20th-Fox sales session later in the week. Also here for the product huddles are Herman Wobber and Les Whelan, director ot foreign pub- licity. Parleys with Schenck, Darryl Zanuck and William Goetz are ex- ' i>ected to last two weeks, with the program formulated for the sales meet in Chicago March 30. Studio eiipansion will also be discussed dur- ing Kent's stay. Skdaras Chiefs East' Arch Bowles, acting head of the Fsx-West Coast circuit, leads that BiU Bpi> division chiefs east to meet Charles Skouras on his return from two-month trip abroad. joining Bowles eh route will be Frank Ricketson, of Denver, Elmer Bhoden, of Kansas City, and H. J. Fitzgerald, of Milwauk' Si They will report on circuit activities and mull product buys for New season. ' -New York session may last two weeks, after which Skouras and Bowles return to the Coast MORROS' DEAL FOR FRENCH PK SET Boris Morros, former Paramount producer, has closed a joint produc- tion and distribution deal with Leon Siritzky, French picture producer, for the release of seven French pic- tures In the U. S. Morros also ar- ranged for acquisition of American remake rights on two completed and four uncompleted French produc- tions. Pictures involved in deal include liC Roi S'Amuse' (The King Amuses Himself), an Emil Natan production which has just finished a 15-week run in London; 'Quai de Brumes' ("Port of Shadows'), a Gregory Rabinovitch production; 'Hotel du Nord,' a Lucashevitsch production with Annabella and Louis Jouvet. These three, Morros considers the outstanding pictures among the 34 films he screened in Paris and Lon- don. Morros is also dickering with Metro for its rights to the James M. Cain story, 'The Postman Always Rings Twice.* Picture, was never produced here, due to ban of the Hays organization, but has been made into a French film by Smadja. If censorship angles can be cleared up, Morros will import the film for this country. Two American companies, one a producing and the other distributing, are now being formed here' and a .Marivaux theatre will be opened in New York as an outlet for pictures Morros is bringing; over. from France. Morros will Open N. Y. headquar- ters before returning to the Coast the end of the month. Office will be in charge of Samy Siritzky, who ar- rives from Europe Thursday (9). A Big, Wide Boo Hollywood, ^rch 7. 'Spook House,' a ghost comedy, is Joe E. Brown's first starrer under his recently signed contract with Columbia.' Bryan Marlow is . adapting the play from a story by Robert Flouroy. Chllnp Suit Settled Los Angeles, March 7. Suit for $76,050 over the death of Jiggs, chimpanzee, against Par- amount, was settled out of court. Jacqueline Gentry, owner of Jig'gs, claimed her chimp died of pneu- monia brought on by • work during inclement weather at early morning hours on Paramount locations. Einf eld Stays East Until WB CoDTentiofl Finale Charles Einfeld, Warner Bros. v.p. in charge of publicity-advertising, is expected to remain In New York until the end of the annual sales convention, March 16-17. He came east two weeks ago to supervise the handling of 'Yes, My Darling Daughter' wnen it came up before the State Board of Regents. BRISKIN'S COL STOCK DEAL NOW COLD Washington, March 7. Anticipated public sale of Colum- bia Pictures stock promised by Sam J. Briskin, v.-p. of Columbia, was called off last week when the studio withdrew a petition for Securities & Exchange Commission approval of registration statement covering an- other 37,500 shares of no-par com- mon and equal number of voting trust certificates. After having be- come automatically effective through failure to file another in the series of postponements, the statement was taken back Wednesday (1). Orig- inally docketed Oct. 26, 1938, with the last stopper submitted Feb. 7. Batch of paper inclHded 25,625 shares reserved for Briskin under an option allowing him to buy at $13.56 and sell at the market level. Re- maining 11,875 shares were to be !<;- sued in the event the total outstand- ing tickets were increased, since Briskin's bargain agreement allowed a further option if this state of af- fairs developed. Stock would not have been handed over, in actuality, since v.t.c.'s were to have been issued simultaneously. CONS. FILM STRESSES REPUBLIC'S BIZ GAINS Healtliy pickup in the business of Republic Pictures during the past year, when James Grainger was president and in charge of sales, was stressed by Consolidated Film In- dustries, Inc.. in its annual statement for 193B, mailed to stockholders last week. Gross income of Republic rose nearly $1,100,000, while con- tracts signed for the showing of Re- public pictures increased 28V4%, or $1,987,093. Consolidated has a heavy invest- ment in Republic. Report also showed that Consolidated is oiit of the record business as a result of the sale for $690,100 of American Record Co. holdings to Columbia Broadcast- ing System. New earnings of Consolidated totalled $616,696,. after all charges, as against net of $605,755 in 1937. Earnings for past year were equal to $1.54 per preferred share as com- pared with $1.51 in the preceding year. Company paid $1 per pre- ferred share in dividends during 1938. Consolidated earned surplus of Consolidated Film as of Dec. 31, 1938, amounted to $3,584,199. Inventor Sues UA Over Patents on Fog Effects Los Angeles, March 7. Howard H. Batt has filed suit against United Artists, charging in- fringement of his patent for produc- ing fog and smoke effects in pictures. The Federal action demands a permanent 'injunction and an ac- counting to determine damages. 1ST TO CUT SCHEDULES Some of the Other Majors May Follow — Unsettled Foreign Situation, Thea- tre Divorcement, Ten- dency Toward More Im- portation, Scare Factors in Holding Down U. S. Pro- duction ENGLAND BECKONS The likelihood is strong that the nationally-organized producing-dis- tributing companies will schedule fewer features for the 1939-40 sea- son than for this year due to un- settled foreign situation, the con- cern oyer chain divorcement, which would upset the domestic market, and the tendency toward importation of more product from the other side. Also, the American companies may turn more importantly to the pro- duction of their own pictures in England. During the past year, Metro and- Paramount have joined Warner Bros, and Twentieth-Fox in produc- ing their own films on English soil. Understood 20th will increase Us schedule in England for 39-40, spend- ing about $5,000,000 over there. Monogram discussed a plan to pro- duce a half dozen or so in London during the coming - year, but has tabled the thought for the time be- ing. W. Ray Johnston, president, is going across in the spring, at which time the matter will be further dis- cussed, he states. For this season (1938-39), the 11 nationally setup producers, including Grand National, scheduled a total of 577 pictures. GN scheduled 68, but due to difficulties it is doubtful whether this company will be able to deliver and also very uncertain what its 1939-40 plans may be. 10 Cos.' 509 Features The other 10 companies, Cplumbia, Metro, Monogram, Parainourit, RKO, Republic, 20th-Fpx, United Artists, Universal and Warner Bros, sched- uled a total of 509 features for the current season. Indications for 39-40 are that the total for these companies will run somewhere under 500 and possibly as low as 475. This decrease in the total for the big 10 is likely in spite of the fact that Monogram, which finally came . out of the red last fall, is increasing its list by 12 pictures. In addition to Warner Bros., which plans 48 for the coming season as against 52 this year, and 48 for RKO as against 54 this year, some of the other majors may cut their schedules due to conditions, which, for five of them, include the danger of losing their theatres. These companies are Paramount, Twentieth, RKO, Metro and Warner Bros. Paramount, with around 1,700 theatres, depends very importantly on its own houses and may not feel inclined to maintain the same large program of features as in the past. This company, as well as others, depends not only on its own chain but on the theatres of the others as film outlets. Par this season (38-39) scheduled 59 pictures, while 20th-Fox is deliv- ering' 55 and RKO 54. Republic in- creased its program for the 38-39 semester to 59 and, as rigged, may schedule a like number for the com- ing season. Columbia went to 56 last year. This company, always late in lining up its new program, may be among those reducing. VA's Possible Reduction UA is also a question due to the fuss Sam Goldwyn is having with the company. Should he withdraw following the suit which he filed for that purpose last week, his walk would mean the loss of around six pictures which he schedules each year. The only official announcements of 39-40 . programs so far made are those of Monogram and WB, with 54 and 48, respectively. WB has a (Continued on page 01) Goldwyn s Suit Vs. UA Brings Quick Reply from Silverstone; Control of Co. Appears Issue Bondholder's Suit Vs. Par Now Definitely Cold The Appellate Division of the New York supreme court Friday (3) unanimously affirmed a four-year- old decision, by Supreme Court Jus- tice Salvatore A. Cotillo, and dis- rnissed a. suit' brought by Robert S. Levy, holder of $5,000 of Paramount bonds, against Paramount Publix Corp., the Chase National Bank of N. Y., CBS, William S. Paley, 24 officers and directors of .Paramount, and eight N. Y. banks. \ Suit charged , misconduct and con- nivance between the directors, the banks and CBS and sought to re- cover damages the bondholders al- legedly suffered. PAR-RKO TIEUP OBJEQED TO BYSTIRN John S. Stover, as attorney for Ernest W. Stirn of Milwaukee, RKO Class. A stockholder, has filed addi- tional objections to the confirmation of the RKO plan pf reorganization in the N. Y. federal cpurt. Stover repeated his former , accusations that the plan had not been approved by two-thirds of the creditors, or a ma- jority of the stockholders, and charges that the plan makes no pro- vision for a normal consumption, after confirmation. Stover claims that 30 days should be the time allowed to elapse. Or, In lieu ~ of this, it is suggested that Atlas Corp. give security in the amount of $1,500,000 towards its agreement to secure an underwriter for the new b-tnds. He charges bad Tjith on the part of Atlas in failing to include this $1,500,000 in its deficit column in the annual report of the corporation, and hints that it means Atlas will never go through with its promise of im- derwriting, . He objects to Floyd B. Odium, N. Peter Rathvon, Conde Nast and Frederick Ehrman on the board of directors, because they represent the Atlas-Lehman Bros, interests, who have representation on the Para- mount board. This, he claims, is in violation of the U. S. monopoly suit against the major companies pend- ing in the N. Y. federal court now. BOB GULHAM MAY GO INTO PAR PROD. DEPT. Bob Gillham, adverti.'^ing-publicity chief of Paramount, at present Qn the Coast, may go into production in an executive capacity as yet not worked out. He is said to have long been interested in entering that branch of Par activity. Post may be assistant to Y. Frank Freeman. While west, the home office de- partment which Gillham has headed for several years is in charge of Alec Moss and Al Wilkic, former over advertising-cxploitation-press books, latter over all publicity mat- ters. . . An action for a declaratory .Judg- ment, naming the • United Artists Corporation as defendant, was com- menced last week, March 1, by Sam- . uel Goldwyn and Samuel Goldwso), • Inc. Summons and complaint wer6 served on Edward C. Raftery, secre- tary of the UA corporation, and legal counsel also. Coast producer's law suit came ° - with startling swiftness on the heels of rumors emanating from the Coast ever since stockholders of the com- ' pany held their annual meeting in January. These rumors, according ° to statements now made public, were to the' effect that Goldwyn had , sought a greater control of United °' Artists and was seeking absolute domination of its affairs. Serving of legal papers brought an immediate response from UA the following day ("). On behalf of the defendant company and four of its five owners, Mary Plckford, Douglas Fairbanks, Charles Chaplin and Alexander Korda, general man- ager Murray Silverstone stated: Sllverstone's Statement 'Mr. Golawyn has brought an ac- tion against us, asking the Court to cancel his present exclusive contract ' . and to reinstate his previous non-ex- clusive contract. 'Goldwyn . bases his clajm upon.' three grounds: First, iia' -we have, breached our contract with him by ' consenting to the formation by ' • Kor4a.'and Fairbanks of separate prod.ucing companiies \o facilitate production of pictures by them for release through us. Goldwyn claims that this consent, given to two of our stockholders, constitutes a breach of his contract, since such consent was given over his objection. 'The second ground is that under Korda's contract with our company, he must render his services exclu- sively to us. Goldwyn claims that Korda has become Interested la other pictures in England, with our acquiescense, and that this consti- tutes a breach of Goldwyn's con- tract. 'The third ground is the claim of Goldwyn that UA permitted Korda (Continued on page 4) Warner to Sales Meet Hollywood, March 7. J. L. Warner and Hal Wallis will attend Warners sales convention in New York March 13-14. W. E. Calloway and N. H. Brower, Coast distrib heads/ also go along. Trade Mark RcfflaMred FOUNDED BY SIME SILVERMAN PobllHlieil WmkiT Iit TARIKTX. Ioc. Hia Sllvorinan, rresldant nt Weat itlh Street, Now. Tork City SUBSCRIPTION Annual 110 Forelso Ill Single Coplea 2C Centa Vol. 133 120 No. 13 INDEX Advance Production Chart, 29 Bills 55 Chatter 61 Concert 68 Dance Bands 49-50 Exploitation 8 15 Years' Ago. . . . . 52 Film Reviews 18 Forum 63' House Reviews 26-27 Inside— Legit .56 Inside — Radio , . . ; 44 International News 23 Joe'Laurie 6 Legitimate 56-59 Literati 60 Music ..49-50 New Acts 52 Night Clubs .....51-54 Obituary 62 Outdoors 63 Pictures 2-38 :iadio 39-48 Radio Reviews _ Radio— International "47 Unit Review 52 Vaudeville 61-54 VARIETY PICTURES Wednesaaj, March 8, 1939 lATSE Putting Pressure on Distribs To Boycott Non-Union Theatres In a move wliich is interpreted in the trade as placing unprecedented pressure on producer-distributors, their studios and the theatres they control, the International Alliance of Theatrical Stage Employees is at- tempting to get distributors to can- cel all film service to certain non- union exhibitors which the lATSE, or its afliliated unions, are trying to organize. Pending conferences, first of which was held yesterday (Tuesday) after- noon, it is not known in film circles just how far the lATSE may go in its campaign to force the unioniza- tion of theatre circuits, or individual exhibs, which have refused to fall in line. For some time certain indie chains in the east, notably in the Greater New York area, have stead- fastly sUyed out of the lATSE. Through Local 306, N. Y., Moying Picture Machine'Operators, alTiliated with the lATSE, efforts have been made to oust a rival indie union. Empire Operators, from A. H. Schwartz Century and Springer- Cocalis hou.ses. Various of these theatres are still being picketed by 306. Home ofTices of producer-distribu- tors were reported to have been thrown into somewhat of a panic Monday (6) when telegrams came in which sought their cooperation toward unionization of houses and circuits which have continually re- sisted negotiations looking to em- ployment of lATSE members. Meet- ing to discuss the situation was held yesterday afternoon (Tuesday), but not known that any decisions were reached. Question which arises out of the unique lATSE move is what the lATSE or its aflilated unions, in- cluding operators and stagehands, as well as possibly lATSE men in the studios, will be asked to do in the event distributors should not re- fuse film service to non-union the- atres. The exhibitors, regardless of •whether they recognize the lATSE or not, have contracts with the dis- tributors, but these theatres, how- ever, are playing union-made film. That angle may figure In the pres- ent alarming situation. COL/S PRE-CONVENSH SALES POWWOW IN N.Y. lindy's Late' J3y BILL HALLIOAN Abe Montague, Columbia Pictures sales- head, called all his divisional sales managers into home office con- ference last Thursday ■ find Friday .(2-3) for the purpose of discussing selling problems of the '39-40 season lineup. Plan in calling men in, be- fore going into general convention, followed the same proceedure set by 20th-Fox recently, yiocessitated by unusual number of^ expensive 'A' productions planned.' Columbia this year will spend from f-.J.OOO.OOO to So.OOO.OOO over and above its ordinary budget require- incnis. in the production of "A' pic- tures. Pvcper sales handling of this t\pe oi proSucl requires a. different ?.iies appr«ieh tlian that heretofore ak\p!:ed lo a preponderant quantity ; f Bs. C>>luiDbia's British contingent was c&lkd together by Joe Friedman and Ma:: lliorpe for a three-day con- clave ia London starting Miurch '4. PAR HITS PEAK; STEAM UP 0N8 Hollywood, March:7. Paramount hits its spring produc- tion peak this month with eight new pictures due to roll and three al- ready in work. Newcomers on the schedule are *Mr. and Mrs. Bulldog Drummond,' •Million Dollar Legs,' 'North of Sing- apore,' 'Us Americans,' 'Air Raid,' •What a Life,' 'The Ster Maker' and •Happy Ending.' Currently, in work are 'Great Enemy,' 'Gracie Allen Murder Case' find 'The Magnificent Fraud.' Chapiin Pic Stali«d Hollywood, March 7. David O. Selznick's loan of Paul- ette Goddard to Paramount for "The Cat and the Canary' indicates further delay in the start of the Charles Chaplin picture, "The Dic- tators.' Announced to play opposite Chap- lin in his comedy. Miss Goddard will be kept busy on the Paramount lot until late in April. 'Dictators' was supposed to roll this month PAR, 20Ta M-G EXECS WEST ON SALES Neil F. Agnew, Par distribution chief tais, heads west with Barney Balaban to discuss product setup for the 1939-40 season, probably shoving off by the end of next week. Pending huddles on the Coast with Y. Frank Freeman, William Le Baron and others, no sales convention plans have been tentatively set up. Com- pany held regionals last year. S. R. Kent, who will be met on Coast by Herman Wobber, now in Miami, left Friday (3). A produc- tion meeting at the 20th-Fox studio is set for March. 16, t>reiiminary to the Chicago sales convcntioii of the company March 30. On the same train west with Kent, WiUiam F. Rodgers is going out also for production conferences. He will stop off at Chicago on the return trip to conduct the Metro sales meet- ing there March 10. PAR'S UFE' CREATES SWITCHES IN PLAY U's Cfommersh Pix Hollywood, March 7. Universal is making commercial films, with two three-reelers already completed for the Denver & Rio Grande R.R.. while another for Sea- board Airline is slated to roll this week. tTnderstandjng is that films will be shown only at business gatherings and not used in regular theatre bills. Production of the film version of 'What a Life' by Paramount is neces- sitating various adjustments to two Broadway legit , shows and to the Kate Smith radio program. Clifford Goldsmith, author of the play, went to the Coast last week .to work on the screen adaptation on a one-pic- ture deal. Betty Field, who created the part of the schoolgirl heroine in the play currently at thf Mansfield, N. Y., and who subsequently withdrew to go into George Abbotts' other produC' tion, .'Primrose Path,' at the Bilt more,'N. Y., leaves the latter play this week to repeat her 'Life' role in the Paramount film. She is being replaced in Trimrose' by Mary Mason. Vaughn Glazer likewise leaves 'Life' this week to do his high school principal charactei'lza- tion in the picture, being replaced by Fleming Ward, of the same cast. Latter's sub has not been selected. James Corner, originally in the Goldsmith play but who since left the cast, will also be in the film. Swansdown radio program has re newed its option on the 'Henry AU- drich' series for another 13 weeks beginning in April, picking up Ezra Stone's ticket for the title part, Betty Field's part will be written out, at least during her stay on the Coast Cooper's 'Sew Contract Hollywood, March 7. . Samuel Goldwyn handed Gary Cooper another term contract Coopeir'i» next Goldwyn picture is The Real Gloi^,' an outdoor yarn about the conquest of the Phillp- Bnrns' 3 R's Hollywood, March 7, Jack Yellen is scripting the. 'Amer- ican School Teacher' as a Bob Burns starrer at RKO. Studio is also readying 'Salute to Hate' for Cliff Reid production. They sat around the table punch- ing the bag and tirinking coffee. . . Two Tin Pan Alley alimony-payers and a kibitzer. It was 3:30 in the morning, and a waiter stood off at a disinncc and eyed them with evident distaste. He wished they would go homo. His feet hurt him. 'Bi-ing me another cup of Java,' said one of the trio. 'I ought to be home in bed,' ho concluded aimlessly. 'You're telling me,' thought the waiter as he nvoved away. •The . trouble with, the ASCAP.' the kibitzer cut in, 'is that it is full of polities.* 'Maybe you're right at that," said one of the writers. •I wrote three hot tunes last year, and what did it get me?. Magnolia, they ain't no dough in sheet music any more, and the mechanicals pay ollt in the dark.' He borrowed a cigaret from the other writer. 'Last year I gave away $2(j0 worth of cigars to swing band leaders for xinas. One of them tried to shove one b.tck at me this afternoon.' 'Them muggs are riding the crest of the wave,' said the other writer. He was a tired-looking thin man with a bass voice. When tie spoke, you looked at him twice to be sure where the sound was coming from. The waiter put the coffee on the table and added 10c for the check. 'Ten grand is a lot of cabbage for a swing band, even, if they don't get it. ..But I know a certain party who saw the contract.' The waiter looked at him without interest 'Who gets that kind of n^oney,' he inquired listlessly. 'That clarinet player from south of the Smith & Weston line,' said the songwriter, naming the ' swing king, That's a lot of dime tips, ain't it?' kidded the kibitzer. 'I just got one from the lad you are talking about,' said the waiter. 'He's sitting back there in a booth with a gal. I think she sings with his band, because I heard them talk- ing about a number she wanted to do. He said it was ' dated. ' What's that mean?' 'It's old timey,' said the lad with the bass voice. . 'Well, he promised to let her sing it, anyway,' said the waiter. 'He said he would hop it up.' 'What's the name of the song,' the coffee drinker asked. The waiter told him the name of a number that had been famous from coast to coast 25 years ago. 'Gee, that was a smash hit,' said the kibitzer. The waiter moved silently away. 'I wish I had never written it,' he thought, as he went into the kitchen. Meet Bulldog's Missus _ Hoilywood,.cM8rfih_3... 'Mr. and Mrs. Bulldog Drummond,' currently at work at Paramount, is the eighth and last of the series to be made on the home lot. Plan is to shift production to the Par studios in England, with an all- British cast working with co-opera- tion of Scotland Yard. Stndio Contracts Goldtvyn^s Suit Vs. XJA (Continued from page 3) Hollywoodi March 7. Twentieth-Fox signed James Ed- ward Grant, writer. RKO extended Leo McCarey's pro- ducer-director deal for two years. Robert Thoeren inked writer pact at Metro. Warners handed player contract to Julie Stevens. Universal, renewed William Lun- dagan's player ticket. Metro hoisted Sam Moore's scrlp- ter option. Warners handed Harold McCord new pact' as head of studio editing department Eddie Moran inked Writer deal at 20th-Fox. Metro renewed Noel Langiey's scriptcr ticket. .Max Stciner signed another com- poser pact at Warners. Warners hoisted Stanley Fields' option. David Niven handed nev/ contract by Samuel Goldwyn. RKO picked up Jane Woodworth's player option. 20th-Fox renewed Darrell .Ware's writer pact for one year. Edward Small filed minor's con- tract with Diana Lewis. Universal asked court permission to lift options on Harris Berger, Hally Chester, Charles Duncan and David Gorcey, minors. to dispose of certain of' his pictures in war-stricken Spain directly, in- stead of lhrou.<;h our company, ■'There is.no foundation whatso- ever in any of Goldwyn's coriten- tions. "At the last meeting of our stock- holders, he demanded a voting trust of which he or his designee would be the sole trustee, thereby giving him control of the company. The other stockholders of the company considered this demand ridiculous and unanimously turned down Gold- wyn's proposal. 'The stockholders thereupon . of- . fere'd to cancel Goldwyn's contract and to release him from all further obligations thereunder, if he would turn back to the company his stock interest therein for which he had made no monetary payment. This proposal Goldwyn t irned down. 'In the opinion of the company the suit has no merit wha'tsoever and will be vigorously resisted. The suit will not have the slightest effect on the company , or its operations, or on the impojrtant progi-am of pic- tures which it is now releasing, and ^yill release In ' the coming 1939-40 s- .ison. 'The company will adhere to its established, policy of keeping its doors ;Wide open to all producers of merit 'whose pictures will be given the same effort and -opportunity as given to its present producers. Such pictures will be distributed on the merit plan of distribution now in effect' Goldwyn's Side . Goldwyn's dispute centers on the following principal allegations, as listed in his formal complaint served on the company: 1. Opposes right of the com- pany's stockholders and the board of directors, who voted 4 to 1 against Goldwyn to authorize and permit Alexander Korda and the liondoh Film Productions, Ltd., to become associated with others in a new English corporation known as Omnia Films, Ltd., now pur- portedly engaged in distributing pictures, in which Korda is said to be interested in certain foreign territories. 2. Opposes right of UA. to au- thorize and permit Korda and Lon- don Film Prods., Ltd.* to become associated with others in an Eng- lish corporation known as Hare- field Prods., Ltd., now said to be producing and distributing pictures which have not and will not be delivered to UA. 3. Opposes right of the UA Corp. to enter into an agreement to dis- tribute pictures to be made by Douglas Fairbanks through a new —corporation, Fairbanks Interna- tional Pictures. 4. Opposes adoption and ratifi- cation by the UA board of direc- tors of the so-called Silverstone plan of refunds to UA producers, only insofar as 'outside' activities of Fairbanks and Korda disqualify- them from benefits of the plan. 5. Opposes rnodification of the- 'favored-nation' clause in contracts of the UA partners, which would permit special distribution terms on pictures UA producers would make, but not intended for distri- bution in this country. Says Contract Breached By reason of these acts, Goldwyn feels United Artists has breached his contract and has permitted Fair- banks and Korda to breach their contracts with the company. He asks the courts (New York County) to establish his rights under his original and modified contracts with UA; seeks further relief, whether declaratory, injunctive, co- ercive or consequential; right to terminate his agreement of 1936 (10- year agreement to exclusively de- liver pictures until Sept. 2, 1945); and previous rights and privileges under his 1925 and 1927 contracts be con- tinued in full force and effect, except as modified by the July,. 1936, agree- ment on 1*ie production of pictures only for UA. Goldwyn spokesmen emphatically deny that the producer is - out to dominate the company. Instead, he wants to eliminate an unfair and un- balanced .partnership situation in UA whereby some of the inactive partners have failed to consistently deliver product. He Is also said to have shown no desire for control of UA when he suggested the formation, of a Voting Trust setup of three trustees, having offered to withdraw as a director and trustee, in favor of leaving de- ciding vote to' a third trustee, not of his exclusive choosing. He may be hitting - at the ac- tion of Douglas Fairbanks in form- ing the Fairbanks International Pic- tures Co. recently, with reported financing being- done by Sir' Adrfan Baillie, British capitalist, unknown Swiss copitalists and possibly John Hay Whitney and David Sclznick. Reports from the Coast are that Goldwyn feels that Fairbanks, Pickr ford and Chaplin have been too in- active in the' productibii of pictures for UA release- arid- Goldwyn is therefore entitled to a greater meas- ure of control of the corporation's policies. Fairbanks is reported hav- - ing coinmented on Goldwyn's actioh, stating he was sorry to learn Gold- wyn was suing to cancel his distri- buVjon contract and thut the real trouble seems to he that Goldwyn 'apparently wants to run the entire business.' As to Goldwyn's complaint again.st Korda, the latter has often publicly stated that he had not formed any outside producing coiripanies (other than London Films) and ..would not . produce or distribute pictures for, or through, any other medium than UA, as prohibited by his contract as a UA partner. Partners' Stock Holdinga The five UA partners each hold • 4,000 shares of cofnmoh. This is a new stock issue, as differentiated from the original blocks of preferred and common issued when the corpo- ration was formed. More stock was distributed in 182St2G. Goldwyn In 1926 held 1,000 shares of preferred, for which he paid $100,- ' 000. This preferred was later re- . deemed and repaid by the company. Goldwyn also had another block of 1,000 shares of common, awarded ' him for completion and delivery of pictures his contract called for. - - His represerilaives emphatically deny that any offer wds made by the corporation to Goldwyn at the Jan- uary stockholders' meeting to turn his present stock back to the com- pany if he was dissatisfied With the conduct of its affairs. As to allegations that the stock he holds did not cost him anything, spokesmen say this is -incorrect. The common stock unit, said to represent a $2,600,000 value each, was ° not tendered the partners as a bonus, but rather as a just return on their in- vestments and - contributions. Goldwyn offices here are not fully informed as to Goldwyn's intentions to deliver balance of three pictures for remainder of this season. They doubt if Goldwyn has committed himself one way or the other in this regard, but feel certain that 'Wuth- ering Heights' will be delivered. 'Oe- cision on the other two will no doubt be decided by outcome of Goldwyn's suit. - — -, As to the Harefield Prods., Ltd., it is understood that this company was formed to produce Columbia Pic- tures British quota pictures at Den- ham Studios by Korda's associate, Irving Asher. Columbia executives are in the dark as to who controls Harefield. Omnia Films, Ltd., is a continental distributing company. According to Goldwyn's complaint, London Film Prods., Ltd., has a financial interest in Omnia, contrary to Korda's con- tract with UA, which does not permit Korda to have any distributing or producing interests outside of UA. Silverstone Also ConciUatory Close study of Silverstone's an- swer to Goldwyn conveys the im- pression that while it. is a vigorous defense of the company's, procedure to date, and of its rights, the intent is in reality conciliatory and de- signed to pacify internal conflict that militates against its policy of keep- ing doors wide open to all producers of merit. S.ilverstone's attempt to mollify Goldwyn seems to have had the other affect, however, according to . informants in United Artist To the contrary, Goldwyn is reported 'biirned up' at SUverstone's revela- tions of what went on at the Janu- ary stockholders' meetings. All attempts to elicit a statement from responsible Goldwyn' officials, or from his counsel, as to how Gold- wyn views UA's answer, have met with failure. Matter is passed right back to Goldwyn, as far as any dis- ' cussion of the suit- is concerned. No official answer to Goldwyn's suit has been filed by U.A. to date. Routine board meeting was held yesterday (Tuesday), Silverstone, who is scheduled to sail Friday (10) for England, will very likely postpone his departure indefinitely. / Wednesday, March 8, 1939 PIGTURCd VARIETY DIREaORS' 3-YEAR DEALS Goldwyn Shelves Air-Crash Yam When Government AppUes Pressure Hollywood, March 7. Yielding purportedly to Govern- ment pressure, Sam Goldwyn dropped his plans to film 'Thirteen Go Flying,' based on the recent crash of the English amphibian, Cavalier, on service to Bermuda. It's claimed the picture would be damaging to aviation progress in this country. BrouKht In J. Boosevelt Washington, March 7. Quiet application of Federal pres- sure followed political and business displeasure over Samuel Goldwyn's plan to use the recent tragedy , in^ volvihg the British trans-Atlantic clipper Cavalier as cinematic in- spiration. Official n.g. on 'Thirteen Go Flying* was commiinciated via the Hays' organization. • Disclaiming any knowledge whether James Roosevelt, had been enlisted, George S. Messersmith, as- sistant secretary of State, Saturday (4) conceded he wrote Hays that the diplomatic wing of Government thinks it would be indiscreet to con- coct a film story based on the crash, in which several pasisengers and crew members lost their lives, while plane was en route from New York to Bermuda. Letter was a 'personal and informal' suggestion that Gold- wyn be asked to shelve his script Reported that State Department also 'Whispered to James Roosevelt, deli- cately suggesting that the President would be upset if the flicker ever reached the screen. . Federal intervention — which of- ficials deny can be construed as cen- sorship—was prompted by Pan American Airways, which is about to debut in the U.S.— European trade after bridging the Pacific. In Gov- ernment quarters. Pan American is regarded as an unofficial ambassador of the U.S. and a good-will builder. Anything which might undermine public confidence in oversees flying would not be relished by Govern- ment agencies any more than by the airline. Hays Office Denies Pressure The Hays' office in New York de- nied that any censorship clamps haid been exercised by the Motion Pic- ture Producers & Distributors Assn. at the behest of the state department, or the British Government. ' Any protests from the British Gov- ernment would be made to the pro- duction code administration office in Hollywood. As in other cases of this sort when a foreign government makes known its displeasure regard- ing a story that might reflect on its nationals, the Hays' office PCA ac- cepts such protests and forwards them to the company concerned. Then It is left entirely Up to the producer to decide whether or not he wants to go ahead with the picture la -question, risking loss of revenue In the foreign field. With the case -of 'Devil's Island' (WB) when French consuls protested both before and after the. picture was completed, fresh in mind, the trade was not surprised to learn of Gold- wyn's decision to withdraw plans to produce the flying boat yarn. War- ner Bros, lost two months' supply of film censorship certificates in France as a result of producing and releas- ing 'Devil's Island.' Rather than in- cur further displeasure of the French Government and loss of additional playing time certificates • in France, WB has withdrawn the picture from world distribution. No print had been shipped to foreign countries. 'Justice' Ahead cfW Hollywood, March 7. 'Justice Ran Last,' latest entry on ine Selznlck-International lot, is picked by studio handicappers to finish ahead of 'Gone With the Wind,' which is having trouble rounding the first tiurn. 'Last' is still in the paddock, beinR .^ripted by Martin Berkeley and □avid Lamsoa RUSH ON ETON M-G Sending Four Players to Eng- land For School Pic Hollywood, March 7. Metro will send abroad this sum- mer Mickey Rooney, Freddie Bar- tholomew, Billie Burke and Virgin -i Weidler for 'Yank at Eton.' John Considine, Jr., produces, and Norman Taurog is the likely choice for di- rector. Picture is slated to get underwaj' in London in July. PAR SETS DEAL ON LAUGHTON TRIO Paramount has closed a deal with Mayflower Pictures of London, head- ed by Erich Pommer and Charles Laughfon, for the distribution rights throughout the world, excepting the United Kingdom, of three pictures in which Laughton stars, two of them completed and a third yet to be made. Contract with the Pom- mer-Laughton company follows the results Par has obtained with 'Beach- comber,' which it took for the domes- tic market sev'eral months ago. Es- timated that this picture, starring Laughton and Elsa Lianchester (Mrs. Laughton), will do a 'gross rental of around $1,000,000 in this country. . New ParrMayflower deal calls for the rights outside of England and possessions of 'St. Martin's Lane,' in which Laughton appears opposite Vivien Leigh; 'Jamaica Inn,' which lias Laughton and Maureen O'Hara, pnd the next Mayflower production, 'The Admirable Crichton,' in which Miss Lanchester will appear with Laughton. Production on last-men- tioned starts early this siunmer. Associated British, John Maxwell's company, has the rights to the May- flower pictures throughout the United Kingdom. THE WOMEN' READIES UNDER GEO. CUKOR Hollywood, March 7. George Cukor returned to the Metro lot to direct Norma Shearer in 'The Woman,' due to roll late this month. He recently withdrew as pilot of 'Gone With the Wind' at Selznick- International. Shooting was resumed on the latter after a week's halt, with Victor Fleming replacing Cukor. Brown's New M-G Deal; Piloting 'Rains' at 20t]i Hollywood, March 7. Under his new deal with Metro, Clarence Brown works as director on two pictures and producer-di- rector on a third. Browii moved over to the 20th- Fox lot yesterday (Monday) to pilot 'When the Rains Came' before sterling his hew pact. It is only the second time Brown has worked off the Metro lot in 12 years. Mrs. Gable Files Melter Hollywood, March 7. Having completed legal six-weeks Nevada residence, the wife of Clark Gable flled suit for divorce in Las Vegas, Saturday (4). Her complaint charges desertion. E FOR ILL AIDES Pic Buy of Thila. Story' Kept Under Cover; May Involve Hepbnrn-Hughes ■I Pilots Will Have Say-So on . Scripts, Casts and Oversee Rough Cuts — ^Aim at Elim- ination of' Associate Pror ducers PLAGIARISM OUT 80% GUILD SHOP Hollywood, March 7. A three-year' working agreement between producers and Screen Di- rectprs Guild will be inked this week.' Pact calls for substantial increases for assistent directors and unit man- agers and gives directors more say in preparation and editing of their pictures. - - Unit managers will get a minimum wage scale' of $150 a week under a separate contract to be signed with the major film companies. Another contract will be signed with SDG, providing for a weekly minimum of $137.50 for first-assistant directors. First assistants under contract will be paid a minimum of $125/ Second assistant directors, who work on an hourly basis, will be guaranteed a weekly minimum of $61.20. Hours did not figure in negotia- tions between the two groups, which reached an amicable settlement at 4 am. Friday (3) after an all-night session. Directors and first assist- ants are classified as professionals, with no regulations as tb hours. Sec- ond assistants, come under the new 44-hour wage law. Directors will be permitted to. sit in with writers in preparation of scripts, will bo given a voice in se- lection of casts and will be permitted a reasonable time to cut pictures. In firal analysis the directors probably will be allowed to supervise first rough cuts of pictures in order that the front office can get a clear pic- ture of what the director intended to produce. Gradual elimination of associate producers is the aim of Screen Di- rectors Guild, which technically will continue to represent both the assist- ants and unit managers. This was indicated several weeks ago, when the directors sterted signing con- tracts as producer-director, being re- sponsible only to the production de- partment and top studio executives. Draft Ready for .Ratification When the agreement ^yas reached vwk was turned over to Edwin . J. Loeb, counsel for producers, and Mabel Walker Willebrandt, attorney for SDG, to draft an accepteble con- tract Draft was practically com- pleted over the weekend, and tenta- tive membership meetings of the Guild and Association of Motion Pic- ture Producers have been scheduled for this week to ratify the agree- ments. Y. Frank Freeman, Al Lichtman and Pandro Berman handled negoti- ations for' the producers. E. J. Mannlx originally was on the com- mittee, but because of illness asked that Lichtman be substituted. The SDG negotiating committee was com- posed of Frank Capra, chairman; W. S. Van Dylte, Howard Hawks, Roland V. Leigh and Frank Lloyd. Assistant directors were represented by. Joseph McDonough, Hal Walker, Horace Hough, Harvey Starkey and Frank Shaw. Contracts provide for .80% Guild shops. Tentetive agreements have also been reached with the Society of Motion Picture Film Editors, Screen Set Designers and Script Clerks Guild. Details of these pacts will be ironed out this week at conferences between the negotiating committees and Pat Casey, producer-labor con- tact. Editors Will be reclassified to give film librarians a higher tating and automatic pay increase. Studio Utility Employes Local 724 has filed a demand with the produc- ers for a pay hike to 82V4c. an hour. Men now receive 75c. an hour, while Class B grips of International AlU- (Continued on page 34) Suit vs. Metro on 'Penthoose' Dis- missed In N. T. Suit of Robert Brister and Harry T. Bliven, ■ writers, against Metro- Goldwyn-Mayer Pictures Corp., and Metro Distributing (Torp., was dis- missed ' by Supreme Court Justice Charles B. McLaughlin in N. Y., Mon- day (6) on default . Plaintiffs had sought an injunction, damages and ah accounting of .profits of the Metro picture, 'Penthouse,' claiming it plagiarized the title of their play. WRITERS-PRODS. ON VERGE OF TRUCE Hollywood, March 7. At a hearing before the National Labor Relations Board today (Tues- day) on the complaint of the screen writers against the producers, Homer Mitchell, attorney representing the producers, stated the producers were ready to recognize the Screen Writers Guild as the exclusive bargaining agency for the writers and are will- ing to sit down and attempt to work out a pact with them. Mitchell told the Board the pro- ducers had appointed him, Mendel Silberberg, (George Cohen and Alfred Wright all attorneys, as a committee to work out a plan for a basic pact between SWG and the producers. This committee, in turn, had appoint- ed a subcommittee of producers to work with it, comprising Darryl F. Zanuck, Eddie Mannix and Hal Wal- lis. The producers' committee asked the Board to adjourn hearings for two weeks ' to permit them to sit down and talk things over and that if this recess was granted they wi?re confident a satisfactory plan could be worked out. Adjournment 'was finally granted after a squabble with James Batten, who is conducting the hear- ings on behalf of the Labor Board, and who saw no reason for stalling things for another two weeks and didn't want to grant any such ad- journment He felt the whole 'thing could be worked put in a couple of days. DREIFUSS MOVES PROD. OF SHORTS TO N. Y. Arthur "Dreifuss, Friday (3), com- pleted plans for the transfer of his Coast producing organization, Musi- cal Shorts, to N. Y. The only mem- ber of the Coast staff to be retained is William C. Kent executive v.p., who, with Harry Engel, Lou Straus and Elizabeth Meyer, will comprise the N. Y. office. Dreifuss' first picture in the east will be shot week of March 20. Drei- fuss will direct and Nathaniel Shil- kret will score. It will be the third of a series of 19 shorts for Colum- bia release. Film rights to Philip Barry's 'The Philadelphia Story' have been sold . to an undisclosed purchaser. It is the first instance of a picture buy being consummated during a play's pre-Broadway tryout. Another 'unique ' angle is that the deal is said to be on a percentage basis, appar- ently with a guarantee and heavy . advance payment involved. Although the identity of the pur- chaser is a closely guarded secret it is believed the film is intended as a vehicle for Katharine Hepburn, who plays the lead in the' Theatre Guild production currently at the National, Washington. - She bought back her contract from RKO some time ago and is not now tied to any studio. It is believed Howard Hughes may be the buyer of 'Story,' with the Idea of producing the picture on his own and starring Miss Hepburn. Neither Barry nor Miss Hepburn could be reached for. comment, while directors of the Theatre Guild and officials of the Dramatists Guild re- fused to confirm the sale. However, existence of the deal became known when representatives of a major studio sought to make a bid on the play, only to be told it had already been sold. Fact that the sale was consum- mated before 'Story' reached Broad- way is believed °to have occasioned several unprecedented problems. Producer's usual' 40% share of the film purchase price is predicated on a run of at least three' weeks in New York, or 75 performances out of town, and when the deal was about to be signed, the ■ Guild made in- quiries about its rights in the mat- ter. Reported the directors were told the organization would get its regular 40% of the film sale, the amount to be determined on a per- centage of the picture's profit. Percentage angle In pic buys of plays is one that is likely to become increasingly frequent, with the stu- • dios trying to cut down on extrava- I gant prices for legit properties. Un- ' der the percentage setup the pay- ments can be spread over a longer period and the bulk of the amount dependent on the film's boxoffice success. 'Abe Lincoln in Illinois,* which was sold by Robert E, Sher- wood last week to Max Gordon Plays and Pictures, Inc., was also a per- centage deal, but with the 'advance, and guarantee the price is expected to be about $275,000. Milestone's 'Mice* Deal Hollywood, March 7. Percentage deal, first of its kind to be negotiated, is in the works for Lewis Milestone to produce and di- rect the picture version of John Steinbeck's 'Of Mice and Men' for Hal Roach. If the contract goes through, it will call for Milestone, who holds an option on the. play, to get a share of all income from the film after fixed charges are paid. Steinbeck is also in for a share. 'Mice,' which won the New York Drama Critics' Circle prize last sea- son, was adapted by. Steinbeck from his own novel. ' It was produced by Sam H. Harris and directed by George S. Kaufman. Milestone ac- quired the screen rights only a few months .ago, as. the j play- was gen- erally regarded as too outspoken for film adaptation. Jimmy Cagney Playing Purvis in G-Man Pic Hollywood, March 7. Jimmy Cagney gets the role of Melvin Purvis, G-man, in . Warners' 'John DlUiriger, Outlaw.* George Raft will play the title role. Picture rolls late this, month. LeMaire Holding Over In N. Y. for Talent Quest Rufus LeMaire, head of RKO's Coast talent division, who came into New York recently after helping on the 'Gateway to Hollywood' radio program campaign for new talent, plans remaining in the east about a week longer. He will be the chief talent execu- tive in' charge tomorrow (Thursday), when finals in the 'Gateway' drive arc held for the New York area at the Roosevelt hotel. VARIETY PICTURES Wednesday, March 8, 1939 Heedless of Cost to Industry, Politicians in Nine More States Ask Film Censoring This Year Despite the enormous cost of 'mu- nicipad and state censorship in the U. which has mounted steadily with uptrend in business since .1932 and increase in double features, eight states seek censorship at some type or other In current legislature sessions. Proposal in Missouri al- ready has been defeated. There already are six states with film censorship, with the cost sad- dled on the film industry, while 14 states have 31 cities in which there is some type of picture overseeing and clipping. Kansas,. Maryland, New York; Pennsylvania, Ohio and Virginia presently censor all enter- tainment pictures. Maryland, Ohio and Virginia even censor newsreels. It is not alone the cutting, but the various moral formulas and stand- ards governing the scissoring that are taking a heavy toll in entertain- ment value, the industry believes. Actually this means a loss in box- office dollars which the film business has no way of reckoning. Besides this monetary loss at the ^boxoifice window caused by hap- hazard trimming, each distributor has to foot a million-dollar bill an- nually in censorship fees to the six states alone. Added to this is the municipal censorship assessment, which ranges from a negligible amount per reel to $6 for each origi- nal negative of 2,000 feet and $2 for each duplicate print of same length, in Chicago. Los Angeles charges 25c for every reel exhibited. Following are the fees per 2,000- foot reel: State. Origi- Du- nal. plicate. Kansas $4 $4 Maryland 4 .2 New York ....... 6 4 Pennsylvania .... 4 4 Ohio 6 6 Virginia 4 2 State Standards Standard under which New York state operates, as fixed by law, are that no motion picture will be li- censed for exhibition' which may be classified, 'or any part thereof,' as obscene, indecent, immoral, inhu- man, sacrilegious, or which is of such a character that its exhibition would tend to corrupt morals or in- cite to crime. The state motion pic- ture commission was originally cre- ated by the legislature in 1021. It operates under the education depart- ment. Board of regents, which may pass on a rejected film on appeal, also is appointed by the regents on the riecommehdation of the conuniS' Bioner of education. In Virginia the three censors are appointed by the attorney-general, all having equal power. If only two members are censoring a film, the superintendent of public instruction may be called in to decide a dead lock. Besides being morally okay the picture? must not be inhuman, Appeal may be taken to the district court in the state. Same standards ' apply as to advertising on a. House is waking up out of doldrums of past few weeks and in- dicates considerable perk in activity. Looking for all b.o. exploitation an- cles and biz novelties. Last week, 'Spy Hunt' ■ (Col) and 'Gambling Ship' (U) fair $14,400. Palace (RKO) (2.500; 35-55-65-75) —'Wharf (RKO) and vaude. Black- stone on stage and accounting for the real portion of the business here this week, probably $17,000. Last week, 'Gunga Din' (RKO) closed four-ses- sion stay to walloping $17,400. Roosevelt (B&K) (1,500; 35-55-65- 75)— 'Stagecoach' (UA) (2d wk). Going through to splendid $12,000 after excellent $17,300 last week. State-Lake (B&K) (2,700; 25-40)— *New York Sleeps' (20th) and vaude. Fine $14,000 gait. Last week, 'Girl Downstairs' (M-G) $14,200. United Artists (B&K-UA) (1,700; S5-55-65-75) — 'Huck Finn' (M-G). Started on Saturday (4) with indica- tions for good $17,000. Last week, 'Freedom' (M-G) so-so $10,100. TIGHr-TASr TOP HUB. 22G Boston. March 7. Most interesting development this week is that an opposition house Is playing M-G product and out- erosslng the two Loew stands. 'Stand Up* and 'Fast and Loose,' two M-G films rejected by Loew's here because of a backlog of pix on the sheU to run, are tallying well at the Metropolitan. 'Topper' arid 'Four GUIs in White' at the Orph and State are' tepid. 'Little Princess' held over for sec- ond stanza at the Memorial, grossing okay. 'Tail Spin' on dual bill at the. Par and Fenway, alsp all right. . ' 'Goand Illusion' now in ninth week at the Fine Arts. Estimates for This Week Boston (RKO) (3,200; 20-30-40)— 'Smashing Spy Ring' (Col) and 'Sil- ver Sage' (Par), dual, plus vaude, four days; and 'Thanks Everything' (20th) and 'Torchy M».n' (WB) (both 2d run), three days. Headed for okay $8,000. Last week. 'Am Criminal' (Mono) and 'Hcadley's' (Imp) plus .vaude, five days; and 'Frankenstein' (U) and 'Exciting Night' (U) (both 2d run), dual, three days, $8,000. Fenway (M&P) (1,332; 25-35-40- 55)— 'Tail Spin' (20th) and 'Flirting Pate' (M-G). Good $7,000 pace. Last week, 'St. Louis' (Par) and 'Persons Hiding' (Par), $6,000. _ Kellh Memorial (RKO) (2,907; 25- 35-40-55)— 'Little Princess' (20th) (2d wk) and 'Saint Strikes Back' (RKO) (1st wk). On six days good $13,000 sighted. Last week, 'Little Princess' (20th) and 'Chan' (20th), smash $27,500. Metropolitan (M&P) (4.367; 25- 35-40-55)— 'Stand Up' (M-Gl and Fast and Loose' (M-G), Very good $22,000, Last week. 'Beachcomber' (Par) and 'Boy Trouble' (Par) swerved badly, $12,500. - ' Orpheum (Loew) (2,900; '25-35-40- 55)— 'Topper' (M-G) and 'Four Girls' (M-G). Medium $13,000. Last week, 'Idiot' (M-G) and 'Son Crimi- nal' (Col) (2d wk), ii.s.g., $11,500. Paramoant (M&P) (1,797; 25-35- 40-55)— 'Tall Spin' (20th) and 'Flirt- ing Fate' (M-G): Okay $9,000 gait. Last week, 'St. Louis' (Par) and 'Persons Hiding' (Par), pallid $7,400. Scollay (M&P) (2,538; 25-35-40- «0)^' Jesse James' (20th) (3d run) and 'Woman Doctor' (Rep) (1st run). Okay $6,000 pace. Last week, 'Cowboy and Lady' (UA) and 'Dis- barred' (WB) (both 2d run), $6,200. State (Loew) (3,600; 25-3S-40-55) —'Topper' (M-G) and 'Four Girls' (M-G). Okay $10,000 on way. Last week, 'Idiot' (M-G) and 'Son Crimi- nal' (Col) (2d wk), $8,000. 'PARIS* -SHAW COMBO n% Pin Pittsburgh, March 7. . So far Lent hasn't struck- and may not until Holy Week, same as last year, when expected drop during 40- day stretch didn't materialize until the wind-up. In fact, biz seems to be running a bit above average, with ace b. 0. attractions levelling oft the pace nicely. Stanley way ahead of the pack currently, with Artie Shaw and 'Paris Honeymoon' headed for a slick $24,500. Not altogether a panic, but far above recent takes at this spot and best since Kay Kyser's record-breaking session several months ago. Big news blasts over censor trouble on 'Yes, My DarUng Daughter,' although It passed in this state without a cut, isn't helping film much at Penn, and will do only so-so week. 'Wife, Husband and Friend' put- ting Alvin back into, black, with 'Gunga Din' at Warner after big stanza at Penn, still showing plenty of stuff. EsUinates for This Week AlvIn (Harris) (1,850; 25-35-50)— 'Wife, Husband' (20th). Shoved In two days ahead of time when 'Let Live' (Col) didn't click. Taking $7,- 000 on the eight days. 'Spirit of Cul- ver* (U) opens tomorrow (8). Last week 'Let Live' (Col) and 'Swing Sister' (U) in the dumps, and yanked after Ave days to miserable $3,200. Fulton (Shea-Hyde) (1,750; 25-40) —'Honest Man' (U) (2d wk). Con- tinues to display strong draught m h.o. Clipping $5,000. Holds for half of third session, with 'Little Princess* (20th) getting under way Saturday (11). Opening stanza brought better than $6,000. Penn (Loew's-UA) (3,300: 25-35- 50)— 'Darling Daughter' (WB). Al- tliough press saw to it that cus- tomers knew this was the film New York censors originally banned, pub- lic seems moderately cold to all the fuss. Not pulling as expected on strength of wide ballyhoo, and will , wind up at $12,500. just aboutr aver- age. Last week 'Gunga Din' (RKO) all right at S20,0d0. Senator (Harris) (1.750: 25-40)— 'Imitation of Life' (U) and 'Lloyds of London' (20th) (reissues). Taking it plenty on the chin, and out after four days to under $1,000. House brought in 'Woman Doctor' (Rep) and 'Mystery Plane' (Mono) prior to opening Friday (10) with revival of 'Can't Take It' (Col) as result of Academy awai-d. Last week, sec- ond of 'Lady Vanishes' (20th) off at $1,900 in six days. Stanley (WB) (3.600: 25-40-60)— 'Paris Honeymoon' (Par) and Artie Shaw. Ropes up. for Shaw every afternoon, Isut night trade off be- tween 6 and 8 p. i., which will keep take down to around $24,500. That's still head and shoulders above anything house had had re- cently and a joy all around. Will be spot's best gross since Kay Kyser. Last week 'Topper' (UA) and Vin- cent Lopez around $18,500. good. Warner (WB) (2,000; 25-35-50)— 'Gunga Din' (RKO). Pencilled in here after easily meeting h.o. figure at Penn and looks Mke there are plenty of downtown customers left for this one. Knockini; off pretty close to a grand daily an will have no trouble at all touching $6,500. Last week, third of 'Pygmalion' (M- G). finished strong at $6,000, giving Aim around $38,000 on downtown run, first week of which was played at Penn. First Runs on Broadway (Subject to Change) Week ot March 9 . Astor — 'Pygmalion' (M-G) (14th wk). Capitol — 'Let Freedom Ring' (M-G). ' (Reviewed In Vawcty, Feb. 22) Criterion — 'Fast .and Loose' (M-G) (8).. (Reviewed in Vamcty, Feb. 2) Globe — 'Blackwell's Island' (WB) (2d wk). Music Hall— 'Stagecoach' (UA) (2d wk). Paramount — 'Never Say' Die' (Par) (8). . , . (Ret>lewcd in Current issue) Klalto — 'Saint Strikes Back' (RKO) (8). (Reviewed in VARUTr, Mar. 1) . Rlvoll- 'Spirit of Culver' (U) (Reviewed in VAniEir, Mar. 1) Boxy—Little Princess' (20th) (10). (Reviewed in Variety, Feb. 22) Strand— 'Oklahoma Kid' (WB) (10). Week of March 16 Astor — 'Pygmalion' (M-G)' (15th wk). . Capitol— 'Ice FoUies of 1039' (M-(3). ' (Reviewed in Current Issue) Globe — ' Blackwell's Island ' (WB) (3d wk). . Mnslc Hall — 'Love Affair' (RKO). Paramoant — 'Never Say Die' (Par) (2d wk). Rlvoll- 'Spirit of Culver' (U) (2d wk). Boxy- 'LitUe Princess' (20th) (2d wk). Strand— 'Oklahoma Kid' (WB) (2d wk). 'Stagecoach' $85,000, 'BiackweOs Both Good, but Other Bway Spots Need Afibis; 'Huck' Poor 18G 'Cafe Dual $6,1 In Rsuny L'ville; Daughter' $5,500 Louisville, March 7^ Usual Lenten slowup felt Jnis week, although not enough to<^ing out the crying towels. Heavy rain- fall Saturday (4) hurt mat and night .business, keeping quite a portion of patrons at home. . 'Darling Daughter' at the Mary Anderson came m for must attention by cricks, but 'Cafe ' Society' on a dual at the Rialto is heading for the best gross, edging by . a small margin 'Topper' at Loew's State. Elsewhere the trade is on the slow side. Estimates for This Week Brown (Loew's-Fourth Avenue) (1,500; 15-30-40)— 'Honest Man' (U) and 'Gambling Ship' (U). Headed for ordinary takings after profitable session at Rialto. Sighting $1,900, mild. Last week, 'Gunga Din* (RK(D) and Oxford Movement pic, 'Youth Marches On,' medium $2,000. Kentucky (Switow) (900: 15-25)— 'Dawn Patrol' (WB) and 'Up River' (20th). Average potency indicated by this pair at $1,500. Last week, 'Kentucky' (20th) and 'Thanks Everything' (20th), on seven day stanza apcounted for $1,900, all right. Loew's SUte (Loew) (3,100: 15-30- 40)— Topper Takes Trip* (UA) and 'Dr. Meade' (Col). Aiming toward $5,500. fair; Lest week, 'Pygmalion' (M-G) and 'Son Criminal' (Col), under expectations on eight days at $7,000. Mary Anderson (Libson) (1,000: 15- 30-40)— 'Darling Daughter' (WB). Received most attention in hcw.s- papcr reviews, and pacing for ample $5,500 and possible h.o. Last week, IDevil's Island' (WB) $2,800, under par, .Ohio (Settos) (900: 15)— 'Arkansas Traveler' (Par) and 'Mysterious Rider' (Par), split with 'Professor Beware' (Par) and .'Gold Diggers in Paris' (WB). Feeling the Lenten slowup, and creeping along to tepid $1,100. Last week, 'King Alcatraz' (Par) and 'Tropic Holiday' (Par), split with 'Escape Night' (Rep) and 'Barefoot Boy' (Mono) mild $1,200. Blalto (Fourth Avenue) (3.000; 15- 30-40)— 'Cafe Society' (Par) and •Persons in Hiding' (Par). While not in smash category, will be good enough to out-distance others this stanza at $6,000. fair enough, Last week, 'Honest Man' (U) and 'Gam- bling Ship' (U) easily led the town at $8,000, and rated, moveover to Brown for seven-day continuation. Strand (Fourth Avenue) (1.400: 15- 30-40)— 'Moto's Last Warning' (20th) and 'Three- Musketeers' (20th). Should wind up with fair enough $3,500. Last week 'Beachcomber' (Par) and 'Disbarred' (Par), fair at $3,300. I 'Stagecoach,' which is covering con- i siderable ground at the Music Hall, and 'Blackwell's Island,' at Harry Brandt's grind Globe, are Broad- way's biggest business-getters this week. Neither weather,, including Saturday's rain, and the Lenten pe- riod, are killing either off. Those things are alibis for' some of the other houses, possibly proving that nothin:: stops the pictures the pub- lic wants. There are no alibis for the kind of business the Capitol, Criterion and Rialto are doing. They simply haven't got anything of importance to offer. The high-class western current at the Hall will get $85,000 or dose. Notices and word-of-mouth may get- it a comparatively strong second week. 'Blackwell's Island,' into the Globe Wednesday (1) after much hulabaloo in the papers over censor trouble, is packing the house to its utmost. The gross will be somcv/here arotind $16,000, best this house has done since Brandt took it over about five years ago. The Rialto got 'Secret Service of the Air' from WB. It ended its week last night (Tues.) with around $5,800. blammg the lack of names foir not doing .better. Same situation is also true of 'Persons in Hiding,' rated worthy of more than $6,500 at the Criterion, but again hwe there are no names for draught. Cap's 'Huckleberry Finn.' however, has the name of Mickey Rooncy and isn't getting anywhere. This ap- parently is. a case where the public smelled out a poor picture and is passing it up no matter who's in it. 'Huck' was produced before by Para- mount in 1031 and was also a fiop then. It will be lucky to end at $18.- 000 on finishing its lone C&p week tonight (Wed.). Theatre moves in 'Let Freedom Ring' tomorrow (Thurs.). Strand is in its second (final) week of 'Yes, My Darling DaJUghter.' Pic- tures goes six days, being reolaced Friday (10) by 'Oklahoma Kid.' On the six days of the holdover, 'Daugh- ter' will be about $23,000. satisfac- tory. Will Osborne, who came into the Strand Friday (3) to run coupled with 'Daughter' on its holdover, is remaining over with 'Oklahoma Kid.' The changini» of bands in the middle of film bookings was neces- sitated because of two-week com- mitments on both Kay Kyser and Win Osborne. 'Daughter' was rushed in on Kyser's second week in order to cash in on the publicity attending the Warner victory over the censors. State is doing rather well with •Shining Hour' and a vaude bill headed by Milton Berle, indications pointing to $23,000, or better. Final, second week of 'Cafe Society,' Hal Kemp and Tony Martin at the Par ending last night (Tues.). at $39,000, was good enough for a third stanza, but house was committed to bring in Chick Webb, Ella Fitzgerald and 'Never Say Die* today (Wed.). Otherwise it would have held at this kind of coin during Lent. Roxy's second week of 'Wife, Hus- band and Friend' is comparatively slow at $34,000, but, with $42,500 garnered the first week, the com- bined total represents a fair profit. Rivoli brlnps in 'Spirit of Culver* today (Wed.)lhe Criterion 'Fast and Loo.se' and the Rialto. 'Saint Strikes Back.' The holdovers amon.-; current shows will be 'Stagecoach,' 'Black- well's' and 'Pygmalion'. Estimates for This Week Astor (1.012; 25-40-55^65) — 'Pyg- malion' (M-G) (13th week). Remains very firm, this week probably SIO.- [.■iOO or better. Last week (12th), 312 000. Capitol (4;520: 25-.r5-3.'5-85-S1.25)— I'Huckleberry Finn', f M-G). Mickey jRoonpy gels but one week at $18.- jOOO. or Ics.s. very disappointing. I 'Honolulu' (M-G) wns in for cif.ht ■ r'.nys oyer Woshington's birthday. : but only S20.000 on that run. 'Let Freedom Ring' (M-G) opens- tomor- row (Thurs.). Criterion (1.602: 25-40-55)— *Pcr- .ver. Last week, second of 'Made for Each Other' tUA), $65,000, good enough. Rialto (750: 25-40-55) — 'Saint Strikes Back' (RKO). Arrives here today (Wed.) after a mildish week of $5,800 for 'Secret Service of the Air! (WB). Prior to that house played '12 Crowded Hours' (RKO). getting $7,000. Blvoll (2.092: 25-55-75-05-99)— 'Spirit of Culver' (U); Opens today CWed.). succeeding "You Can't Cheat an Honest Man' (U) after 18 days. Concluding . four days was S5.0:}0, following a second full week of $11.- 000; Boxy (5,836: 25-40-55-75) — 'Wife, Husband and Friend (20th) and sta.-je shpw (2d-final week). A rather slow-goer, possibly $34,000 this week (2d) after a first seven days of $42,- 500. Fnir profit on the two weeKs. 'Little Princess i20th) moves in Fri- day (10). Slate (3,450: 35-55-75) — 'Shining Hour' (M-G) (2d run) and vaude topped by Milton Berle. Consider- able improvement here this week; .^23.000. or over, good. Lnst week, 'Beachcomber' (Par) (2d run) and Luckv Millinder, Frank Albnrtson and Estelle Taylor, $17,000. n.g. Strand (2,707; 25-40-55-75-35-99)— 'Yes. My Darling Daughter' (WB) (2d-flnal week) and Will Osborne, plus Sheila Barrett (l.st week), pic- ture remains six days on its hold- over, in that period with a new stage show, looking in vicinity of $23,000, not big but o.k. The first week of 'Daughter.' with Kay Kyser going six da.ys with it, . $35,000, under hopes but satisfactory. Osborne and Miss Barrett . hold a second week with 'Oklahoma Kid' starting Friday (10). 'HUCK' $22, m BIG 21G, DC. OK Washington, March 7. Town,, which has been getting average of two or three new pics a week for months due to hold-overs and repeat policies, had chance to shop between five newcomers this week. Two, however, are definitely n.s.h. One was vanked yesterday (6) and other may be tomorrow. Tops is 'Huckleberry Finn' with Frank Albertson p.a. at Capitol, and kids packing mats. Second is 'Pyg- malion,' which bowed Wed. night at Palace with reserved seat premiere. Only other moneymaker Is 'Yes My Darling Daughter,' doing nicely at Earle. 'Ambush' wallowed three days at Met and gave way yesterday (6) to return of 'You Can't Take It Witti You' prompted by Academy Award ballyhoo. 'Spirit of Culver' at Keith's is hanging on bravely, but may come out tomorrow (Wednes- day). Estimates for This Week Capitol (Loew) (3.434; 25-.15-40-60) — 'Hi?ck Finn' (M-G) . and vaude. Frank Albertson p.a. heloing tav.;?.rd .swell $22,000. La.st week, 'Topper' (UA) and Phil Regan on stage weak $15,300. Columbia (Loew) (1.234; 25-40)— 'Idiot' (M-G) (2d run). Back on ma iristem- after two big wc-.ks at Palace with okay $4,000. Last week 'Jesjsc James' (20th) (2d run) good $5,000. Earle (WB') (2.216: 25-35-'!i0-e6)— 'Darling Dr.ughler' (WB) and vp.i'de. Nice $18,000. Last week, 'Woman Again' (Col) and Eddie Duchin orch big $l9,fl00. Keith's (RKO) (1.830: 35-55)— 'Spirit of Culver' (U). Can't buck 'Huck Finn.' Poor $4,500 if it lasLs. Last week 'Gunija Din' (RKO) (4tb wk) $5,000, all right. Met (WB) (l.COO; 25-40)— 'Can't Take It' (Col) (revival). Shoved in (6) to capitalize on Academy Award and set for good $2,500, four days. 'Ambush' (Par) opened Friday (3) ' and lasted three days for llopno $1,300. Last week, 'Beachcomber* (Par) (2d run) took big $5,000. Palace (Loew) (2,424; 35-55)— 'Pygmalion' (M-G). Bowed Wednes- day night with sellout reserved seat premiere which collected- $1,200. at re:!ular prices. Holding on beauti- fully- for big $21,000 for eight days and premiere. Last week, 'Tradei Winds' ■(UA)-for week minus two performances satisfactory SA 1 .finn VARIETY PICTURES Wednesday, Mareh 8, 1939 FILM SHOWMANSHIP 'UNION PACinC GETS BIG OMAHA BALLY Omaha, March 7. World premiere of Cecil B. De- Mille's 'Union Pacific,' co-starring Barbara Stanwyck and Joel McCrea, which takes place simultaneously in three flrst-run theatres in Omaha, April 28, will be ushered in by a $50,000 advertising campaign spon- sored, by Paramount, a. similar ex-, pcnditiire by the Union Pacific r.r. and advertising co-operation from 10 leading commercial companies. In addition to the advertising cam- paign of both Paramount and Union Pacific, fuU-page ads exploiting the picture will appear in national maga- zines by 'the following commercial companies co-operating in the cam- .paign: Hamilton Watch Co., Pennzoil, International Silverware, Western Union, American Express .Co., Conti- nental Baking Co., Wonder Bread, the Tea Bureau, controlling national tea disti-ibution and .. the Aluminum Company of America; . Union Pacific is extending Para- mount full cooperation in. conjunc- tion with the film's premiere by run- ning special advertising in all U.P. timetabies, displaying special cards In all railroad terminals, placing special cards on t^e tables in diners and special stickers on all courtesy newspapers, magazines and the direct mail literature issued by the U.P. Convention of . the Union Pacific Oldtimers has been timed to coincide with the world premiere, while the city of Omaha will participate to the extent of erecting oldtime western false fronts along the main streets and encouraging citizens to dress In oldtime western costumes. Holly- wood will be represented at the pre- miere by DeMille, Barbara Stan- wyck, Joe McCrea, Akim Tamirofl, Lynne Overman, Evelyn Keyes and others of the cast Record Crowd Attends 'Cafe Society' Premiere Miami, March 7. Premiere of Paramount's 'Cafe So- ciety,' co-starring Madeleine Carroll, Fred MacMiirray and Shirley Ross, was shown %t the Sheridan theati'e with an exploitation campaign that created' unusual interest and ac- counted for a record crowd in' at- tendance. The campaign got under way days in advance of the opening, with George Hoover, manager of Sheridan, getting exceptional story and art breaks in the . Herald and Daily News. Advance campaign Included spot announcements broadcast four times daily over stations WIOD, . WQAM and. WKAT. Special trailers and one sheets, heralding the Sheridan's pre- miere, were used on the screen and in the lobbies of 13 other Florida Theatres, Inc., houses. More than 300 window cards were used locally and all trolleys carried .special cards announcing the film's premiere. Spe- cial kites were flown over the night club section. Tieups were arranged with the leading nite clubs on a contest idea, which offered tickets to the premiere to the winners. Clubs which partici- pnted in the stunt, included the 5 o'clock club. El Chico, Dempsey. 'Vanderbilt, Roney Plaza, Club Con' tinentalc, 'The Drur\ Riptide and the Little Club. An airplane, carrying a huge ban- ner announcing the ' premiere, was U!:ed three times daily covering both tlie Hialeah racetrack and Miami Eeach. WESTERNS' NATURAL B. 0. A good western picture never miiscs at the boxo/fice. From the earliest film days of the one and two-reelers, the western has held its place against all other types of popular stories. There have been times when the majors have left the field to the independent producers. But they return. Then the western, produced on the grand scale, is revived and invariably, v.-Jien well done, is handsomely rewarded. There is an affinity be- tween the camera and the great open spaces that strikes a common chord of entertainment in all kinds and all ages of theatre-goers. The western picture is the Ameracan picture.' There's showmanship in 'Stagecoach' (Wangcr-UA),. current at the Radio City Music Hall, Pushing through the foyer crowds one is struck by the wide range of its appeal. Old people and. children find similar values in the film. It is the same audience which followed Ihu hectic career of Jesse James. 'Stagecoach' has the feel of the west, the glaiit. vistas, the dust and the wind, and it is peopled with characters .(he audience understands and .sympathizes with. There are Indians on the war-path, U. S. cavalry to the res- cue, and a shooting duel that is exciting and convinc- ing. 'Stagecoach' is all western — one of the be.'st. .Showmanship too often is regarded as something which a film acquires unto itself some time after it has left the studio and starts its- career through the maze of first and subsequent-runs in the circuits and inde- pendent houses. It is nearer the truth to state that showmanship is, or isn't, an ingredient of a picture at the moment when the decision first is reached to film a story. ^ Lacking the element of a sound common denominator of audie'nce interest, a picture cannot ac- quire simply by advertising, heavy money expenditure, or artificial device, the quality of popular appeal if that quality is not in the' texture of the film. Either a picture has 'heart' or it hasn't. Bereft of basic emotion, it is cold and unresponsive to exploita- tion. When possessed of .the attribute of general ap- peal, its commercial and artistic career knows no , bounds.. The flame already burns; smart handling and enthusiastic advertising are the fuel which make the conflagration. AUDIENCES GROWING UP Film producers are pondering the causes for the static condition of picture theatre boxoflices, and are seeking the reasons why the number of ticket buyers is not increasing annually at the rate which attendance graphs recorded the upward surge of the past two decades. Have entertainment tastes changed so radically in so short a time, or, have films reached something ap- proaching, a saturation pointT Those who are interested in finding a partial, if not final, answer to the attendance problem will do well to contemplate an article by Stuart Chase in the At- lantic Monthly, and republished in condensed form in the current issue of The Readers' Digest, it is titled, 'Population Going Down,' and the opening paragraph reads: — "There are more than a million empty deslcs in our elementary schools this year. The 1930 enrollment was 21,300,000; it was 20,000,000 in 1938. If present trends continiie, by 1960 there will be 10,000,000 empty desks in schools and colleges.* But the army of people over 65 will be 8,000,000 greater than it was in 1930.' The population is growing, and the consensus of ex- pert opinion expects a peak by 1960 of 140-150,000,000. Present census is about 130,000,000. The curve, how- ever, shows that the trend is towards an alarming lessening of youth, in ratio to the total, and an even greater increase of oldsters, men and women past 65 years. . Further, the writer states:— 'Finally, we come to migration rates. From 1900 to 1913 net migration into America averaged close to 1,000,000 persons a year, mostly young persons. We By John C. Flinn now show a net movement put of the country of 50,000 per.s-ons a year.' . All of which may not aftect patroiiage at the Elite theatre next week, but films, as well as other indus- tries which have thrivecl in an expanding population, may be compelled soon to face readjustment This much is certain, a.ssuming the facts to be correct, that the changing tastes in entertainment, demanding more mature themes, are likely to be felt sooner in motion pictures than in most other types of merchandizing. Perhaps the pressure already is on. Such trends do not take place rapidly, but show business, which Is clc-sc to the masses, always is in constant change and flux. Comparison of types of themes in the successful legitimate attractions of this season with the romantic plots of the Winchell Smith-Augustus Thomas-David Belssco era reveals a distinct departure from the re- cent past Films of today are aimed primarily for a youthful audience. Ilonce the careful mothering and story coddling which finds expression iri self-imposed pro- duction codes and political cehsorsnip in eight States. In a. national survey of exhibitin|( conditions last summer, theatre men frequently bemoaned the loss of young people as regular attendants. They longed for a return to the good old days, when youngsters flocked to bbxo0ices in groups of four to 10. It would seem that the job ahead is not to attempt to reclaim the diminishing youth, but to capture and hold a more adult type of theatre-goer. • If this is true, there is a great and brilliant future for fllm$. They will begin to grow up, escape from the boy meets girl for- mula, and deal wit^ mature characters and themes. In 1960, Shirley' Temple will be 30 years old and probably at the height of hei: boxofTice draw in a series of films dealing with problems of old age pensions. ' Twenty years also may see the end of government ariti- .trust suits and the adoption, at. long last, of a code of trade practices affecting distributors and exhibitors. DIGGING POR GOLD Charlie Chaplin used to tell. a. story about an ex- hibitor who told him he had 'made Chaplin' - in his home town because he had played the comedian's films as fast as they were released. Which is like the pres- ent-day showman who congratulates himself when he does t)usiness with 'Gunga Din,' 'Snow White,' 'Boys' Town,' 'Angels with Dirty Faces' and 'Alexander's Bag- time Band.' Tests of good showmanship . might better be gauged by the amount of business a theatre can dig up for itself on the good 'B' product, which possesses enter- tainment angles without benefit of star billing, or heavy pre-release advertising campaigns by distributors. Millions of boxofCice dollars are lost in the course of a year by an industry that is too much concerned with the pushovers made to order for theatres, and too little enthused over many good films which require advertis- ing push and bustle to get their values before the pub- lic. Let 'the prizes for enterprise and alertness go to theatres which do smash business on 'Alcatraz,' "Twelve Crowded Hours,' The Girl Downstairs,' 'Ambush,' 'Spirit of Culver,' 'Crime School,'. 'Persons in Hiding' and 'A Man to Remember.' Of course, the reason why many good films are passed, up is because, the major producers themselves concentrate on their biggest and best, and many a de- serving, but small-budget film, is shot out to the ex- changes without so much as a letter of introduction to its own salesmen and branch managers. Enthusiasm is accumulative and must spring from a sense of eager excitement It is too much to expect an exhibitor to discover the hidden values in product How frequently one hears a theatre man say, 'If I had only known how good that film was, I would have gotten behind it and boosted hell out of it The people who saw it said it was great, but I had only half a house.' There's gold in many films that is never discovered. It takes showmanship to dig it tiut Coal fiHine Galatea Has A Fiing at Seattle Hi-Life Seattle, March 7. With re-dolled Music Box (Ham- rick-Evergrecn) reopened, the ad- vertising department headed by 'Vic Gauntlett went to the races for 7ygmalion,' selecting from the coal camp of Black Diamond the 'Queen' of the week. Daughter of a coal miner got the call. She was en- throned for the week prior to the opening and was hostess at the Mu- sic Box on opening night Occupying an apartment - in the ' swanky Ol^plc hotel, given a swell wardrobe, feted and jeweled, she was queen for a week and then went back to the coal mln^. Plenty of stories and art broke in the news- papers. 'ALEXANDER BELL' FILM PLAYERS TO FRISCO FAIR San Francisco, - March 7, A special train from Hollywood will bring the cast of 20th-Fox's 'The Story of Alexander Graham Bell' here for the world premiere show- ing of the picture on Treasure Is- land, site of the Golden Gate Ex- position, March 29. Darryl Zanuck. has invited Holly- wood newspapermen and women to accompany the cast on the trip here. Making the trip will be Don Amcche, Loretta 'Voung, Henry Fonda, Spring Byington, Sally Blane, PoUy Ann 'Voung and Georgiana 'Voung. The day at the Fair has designated as 20th-Fox Day.. been Films and Broadcast Combination Attraction Charlotte, N. C., March 7. New combination theatre and ra- dio feature was inaugurated at the State theatre here. It's the Kiddie Klub, organized as a program for the youngsters during Saturday morning shopping and marketing hours. Theatre opens at 9:45 a.m. and the show starts at 10 o'clock. Following a half hour of pictures there is a haU hour broadcast, with Fred Bear- den, manager of the theatre, as m.c. First 150 youngsters to attend each Saturday receive special gifts. Li?e Stunts Boost Tyg' and 'Stagecoach' Atlanta, March 7. Loew's Grand is stepping out with exploitation of films that's pay- ing dividends. Eddie - Pentecost manager, got behind 'Pygmalion,' effecting a tieup with lovelorn col- umn writer of Hearst's Georgian and Sunday American. 'Newspapers dug up a 'Galatea,' for whom theatre bought finery from Rich's, leading department istore, which in turn, plugged pic in daily display space. Pentecost got Emory frat boys to 'sponsor' Galatea and she was es- corted to various spots where she- would be in public eye. Daily stories preceded opening of pic, a special showing with all seats reserved with state and city dignitaries present; name of mystery girl being an- nounced and femme introduced from stage. . 'Stagecoach' also was given spe- cial bally, theatre importing 11 full- blooded Indians from Cherokee Reservation in N. C. Failure to get a legit stagecoach tailed to deter management who dug up an old- time tallyho. Indians were introed from stage at special opening per- formance, proceedings being aired by WGST. Theatre also tied in with Atlanta Constitution with an old clipping contest climaxed by dinner for 71 persons who owned clippings from Constitution printed many years ago. Old-timers were special guests at first showing of pic. N. Y. STORE PLUGS DARLING DAUGHTER' For Warners' dual engagement of 'Yes, My Darling Daughter" at the Strand- and Globe theatres. New York, the company arranged a tieup With Saks Fifth Avenue, where the latter used a flve-column ad in the Sunday Herald-'Tribunie carrying copy plugging the picture. In ad dition flve windows were used in publicizing the picture. The newspaper ad used the title of the picture as a streamer, with the- atre and play-date credit in the bcdy matter. The windows also in- clude theatre and play-date credit during the picture's engagement on Broadway. DiggmgUp Those Old Honeymoon Snapshots Charlotte, N. C, March 7. The Carolina got on the front page of the Charlotte News, afternoon daily, with another tie-in story be- tween the house and the newspaper, this time searching for old hon'fey moon pictures. The' invitation to send in old honeymoon ' pictures was given in connection with the appearance at the Carolina of 'Made for Each Other.' There Was a prize of $10 for the oldest honeymoon picture submitted. K. C. MAYOR PROCLAIMS TM FROM MO; HOLIDAY Kansas City, March 7, World premiere shoyring of Ttif from Missouri' is set for the New- man, local Par outlet, beginning March . 16. Film , centers around the American Royal stock show annually staged here and makes use of some local spots. Gladys George, of the cast and Ted Reed, director, come on from Hollywood along with Jack Mofiitt, scripter, who returns to his former post of film critic on the Star fol- lowing the sendofi for the film. Mayor Bryce Smith is proclaiming premiere day as 'I'm From Missouri' day and film is getting heavy local endorsements from Chamber of Commerce, American Royal, Muehle- bach hotel and town in general. Pic- ture is already being plugged on American Royal radio stock reports daily and is to be boosted by co-op newspaper ads, - a quarter twenty- four sheet coverage, all stockmen's- publications and. by radio dramatiza- tions via WHB. Station KCMO is set to broadcast the premiere itself. Join the Navy and See ^ WorJd from Airships Scripps-Howard newspaper chain, is getting behind WB play-dates on 'Wings of the Navy,' Warner^ tied in with the Scripps-Howard Aeronau- tical Scholarship competition, which. - the newspaper chain inaugurated weeks ago in conjunction with the' government's plan to train, civilian aviators. In 16 key cities where the contest is being run, the local news- paper cooperated with the local ex- hibitor on his showing of 'Wings of the Navy.' Local entrants in the newspapers' scholarship contest were invited to witness a. morning showing of the feature. Newspapers played up the tie-up with photographs in both news and feature sections. Cities where this tieup has been successfully effected, are: Birming- ham, San Diego, Sah Francisco, Den- ver, Washington, Evansville, Coving- ton, Albuquerque, Cincinnati, Cleve- land, Oklahoma City, Pittsburgh, Memphis, El PasO, Fort Worth and Houston. Store's Co-op Spreads Hypo Trincess' in St L St Louis, March 7. Shirley Temple's first technicolor screen opus was the provocation for Fanchon & Marco's exploitation de- partment and Famous-Barr Dry Goods Co., one of tlie town's depart- ment stor'cs, to utilize' the store's op- tical division ior a co-op tieup. In three ads that totalled 900 lines, at no cost to the theatre, the line read, 'You'll enjoy Shirley Temple in The Little Princess' at the Fox 7'he- atre, especially if you don't suffer e.f.' The explanation of the abbre- ' viatlon (eye fatigue) was printed beneath the line. Theatre copped pictorial breaks in all local dailies on the strength of the technicolor treatment of the pix and also upped its national co-op ads to 800 lines, the ' greatest ever budgeted here for any Temple film. Twenty windows in various spots in town Were grabbed for Temple dolls and other displays. Boy Scouts and Elks United in Time Plugs New Orleans, March 7. Gar Moore, Orpheum theatre blurbist, tied 'up the showing of the March of Time, which contrasted Boy Scouting in America with youth activities in nations under dic- tators, with the annual financial drive of the New Orleans Area Council, Boy Scouts of America, and garnered considerable space in the local dailies;. Moore also tied in the film with the Americanization Week campaign of the New Orleans Lodge of Elks, netting additional plugs. Besides news space, Moore planted pictures of Boy Scouts attending the theatre, distributing circulars and other art. yfeinosdaj, March 8, 1939 PICTURE GROSSES VARIETY Daughter -Weems Terrific $31,1 PMIy; Eddy UG, We Philadelphia, March 7. The second week of Warner's new low-piice policy finds the downtown iheatres playing to packed houses. Grosses are away above last year's figures for this date. As usual the Fox is leading the nack at the b. o. with sensational biz for 'Daughter' an^ Ted Weems orcli Combo looks like a teriffic S31000 for the week— even topping the' smash $30,000 hung up last week by Artie Shaw arid 'Tailspin.' Press blurbs anent temporary New York ban of 'Daughter' undoubtedly the come-on that's bringing thism in. Other films ringing the dinner bell are 'Freedom Ring' at the Stanley, and 'Wife, Husband' at the Boyd. Estimates for This Week Aldine (WB) (1,303; 32-42-57)— •Stagecoach' (UA) (2d wk). Unable to hold the pace of its opening week. Dismal $8-,000 for second sesh; First one, $U,000. Boyd (WB) (2,350: 32-42-57)— •Wife, Husband' (20th). Hitting a pretty $16,000, but will not be held over. Last week 'Pygmalion' (M-G) was socko $15,000 after a glorious $19,800 for. its opener, 'Little Prin- cess' (2t)th) in Friday. Earle (WB) (2,758; 26-32-42)— 'Idiot' (M-G) (3d run). House con- tinues making money as a straight fllmer, hanging up a nice $10,000 de- spite the fapt that .'Idiot' has had four weeks downtown previously. Last week 'Jesse James' (20th), $10,000. Fox (WB) (2,423; 32-42-57-68)— •Daughter' (WB) with Ted Weems brch. Advance ballyhoo on pic taboo is jamming the house to its gills. Sockeroo $31,000. L^st week Tail Spin' (20th) plus Artie Shaw band, $30,000. Karlton (WB) (1.006; 32-42-57)— Tail Spin' (20th) (2d run). Better- than-par $4,800. Last week 'Each Other' (UA) sweet $6,500. ■ Keith's (WB) (1,870; 32-42-57)— •Musketeers' (20th) (2d run). Even price slash didn't help this one. Pal- lid $3,800 in offing. Last week 'Wings Navy' (WB) poor $4,000. Palace (WB) (1,000; 26-42)— 'Four Girls' (M-G) plus five short sub- jects. Doing a nice $6,000 in second sesh as a flrst-run house. Opener brought $5,000 for 'Boy Slaves' (RKO). Stanley (WB) (2,918; 32-42-57)— •Freedom Ring' (M-G). Plenty nice $17,000. Last week 'Huck Finn' (M- G) hit par for $15,000. SUnton (WB)- (1,457; 26-32-42)— "Let Live' (Col). Strong $6,000 on ti>e way. Last week 'Fast and Loose" (M-G) also cliclced heavily fpr $6,500. UUGHTON 8G. BUFF. BUUISH Buffalo, March 7. Takings are continuing above nor- mal for the current stanza and al- though there are no peaks in evi- dence the general level remains high due to. heavy offerings. Two English- made productions are the compara- tive standouts among the film fodder. Daughter' at the Buffalo is not espe- cially exciting despite the censorship baUyhoo. 'Beachcomber' at the Lakes and 'Pygmalion' in its second stance at the Hipp are both high. Estimates for This Week , Buffalo (Shea) (3.500; 30-35-55)— Darling Daughter' (WB). Just fair and hardly living up to excitement. Looks for $12,000. Last week, 'Huck Finn' (M-G), so-so $11,800. „<:entnry (Shea) (3,000; 25-35)— TCing Underworld' (WB) and 'O'Con- nor' (M-G). Fine $9,000. Last week, •Jesse James' (20th) (2d run), $8,- 000, nice second runtakings. Great Lakes (Shea) (3,000; 30-50) --Beachcomber' (Par). Very nice business. Shooting for $8,000. Last week, 'Wings Navy' (WB), fairish $6,000. Hjpp (Shea) (2,100; 25-40)— 'Pyg- malion' (M-G) (2d wk). Holding to strong business after great first week. Nice at $8,500. Last week, swell $13,000. Lafayette (Ind.) (3,300; 25-35)— Honest Man' (U) (2d wk) and 'Stand Accused' (Rep). Average $6,000. Last week 'Honest Man' (U) and 'Ex- posed^ (U), $12,000. very nice. . Dix Hurt, Slows Pic Hollywood, March 7. Shooting on Republic's 'Man of i-onquest' was halted for a week due Jo an injury to Richard Dix's riijht hand. Two small bones were fractured oy a blow from a tomahawk in an Indian battle. Key City Grosses Estimated Total Gross This Week $1,567,700 ' (Based on 26 cities, 177 fhea- . tres, chiefly first runs, tncludlng N.Y.) Total Gross Same Week Last Tear ...$1,524,800 (Based on 22 cities, 158 theatres) "Daughter-Fields Dual Heads For Milwaukee. March 7. . Town's freak weather of summer one day, snow the next, has exhibs tearing hair here. Indies, however, take it calmly. •Gunga Din' was held oyer until Tuesday (26) while waiting for cen- sor okay on 'Darling Daughter,' which runs through Thursday (9) at the Warner. Bally insures excel- lent b.o. pickings. Second big grosser Is 'Cafe So- ciety' at the Palace. Pic looks good for a h.o. at the Strand. "Pygmalion' did nice biz at Palace last stanza and goes into second flnal session at the Strand on a dual with 'Moto.' Disappointment of no p.a. from Nel- son Eddy lets the Wisconsin grab any loose cash with 'Freedom Ring.' Estimates tor This Week LlUle (Indie) (1,050; 35-50)— 'Peg of Old Drury' (GB). Getting only mild $3,300. Last week, 'Monastery' (Indie) (2d wk), $3,800, okay. Palace (Fox Wisconsin) (2,400; 35- 50)— 'Cafe Society' (Par) and 'Tom Sawyer" (Par). Looks set for hefty $8,500. Last week, 'Pygmalion' (M-G), $7,600, satisfactory. Riverside (Indie) (2,800; 25-30-35) — 'Homicide Bureau' (Col) and vaude. Doing better this stanza, with fair $9,000. Last week, 'Gam- bling Ship' '(U) and vaude $8,500, so-so. Slraiid (Fox Wisconsin) (900; 35- 50)— 'Pygmalion' (M-G) and 'Moto* (20th). Sighting good $6,000. Last week, 'Idiot' (M-G) and 'Smiling Along' (20th). $6,300, swell. Warner (WB) (2.400; 35-50)— 'Darling Daughter' (WB) and 'Hon- est Man' (U). Will stay 10 days. Socko fare has over $9,500 in stove. Last week, 'Gunga Din' (RKO) (2d wk), acceptable $7,200. Wisconsin (Fox Wisconsin) (2,800; 35-50)— 'Freedom Ring' (M-G) and 'Flirting Fate' (M-G). Garnering profitable $9,000. Last week, 'Tail- spin' (20th) and 'Moto' (20th), nice $9,200. WE, HUBBY' IIG, DENVER PLENTY OK Denver, March 7.. . Weather here conducive to theatre going, and all first runs are gleaning above-average b. o. Three films get a moveover to other houses as result of okay biz — 'Stagecoach,' 'Wife, Husband' and 'Fast and. Loose.' Estimates for This Week Aladdin (Fox) (1,400; 25-40)— 'Stagecoach' (UA), after a week at the Denver, Behaving beautifully with $4,500, big, and shifting to the Rialto. Last week 'E.ch Other' (UA), $4,000, nice. Broadway (Fox) (1,100; 25-40)— 'Huck Finn' (M-G) and 'Pacific Liner' (RKO), both after a week at the Orpheum. Doing neat $3,500. Last week 'Honolulu' (M-G) and. 'O'Connor" (M-G), after a week at the Orpheum, good $3,000. Denham (Cockrill) (1,750; 25-35- 40)— 'Third of Nation' (Par). Con- troversial angles, worked on to pro- duce ia good $6,100. Last week 'Cafe Society' (Par), nice $6,500. Denver (Fox) (2,525; 25-35-50)— 'Wife, Husband' (20th) with stage band. Getting fine $11,000 here, and moving to Aladdin for mor«. Last week ^Stagecoach' (UA) very good $12,000. Orpheum (RKO) (2,600; 25-35-40) —'Fast and Loose' (M-G) and 'Four Girls' (M-G). Hitting $10,000. Mov- ing to Broadway. Last week 'Huck Finn' (M-G) and 'Pacific Liner' (RKO), big $12,000. Paramount (Fox) (2,200; 25-40)— 'Musketeers' (20th) and 'New York Sleeps' (20th). No complaint with $4,000. Last week 'Oft Record' (WB) and 'Charlie Chan' (20th), nice $4,000. B'KLYN STRONG 'Gunga' H,0. $20,000 ^ 'Lady' Great $18,500 Dual Brooklyn, March 7. Spotlight currently, centers on RKO Albee holding 'Gunga Din' sec- ond week to first-rate results, and Loew's Metropolitan with 'Lady Vanishes' and 'Four Girls in White.' Paramount safiifactory with 'St. Louis Blues' and. 'One Third of a Nation.' Estimates for This Week Albee (3,274j 25-35-50) — 'Gunga Din' (RKO) (2d wk). Drawing nifty $20,000 after swell $25,000 last week. Fox (4,089; 25-50) — 'Off Record' (WB) and 'Frankenstein' (U) .(2d wk). Neat $17,000. Last week, same »"o. preceded in part by 'Ambush' (Par) and 'Wharf (RKO), $12,000. . Met (3,618; 25-35-50)— 'Lady Van- ishes' (20th) and 'Four Girls' (M-G). Plenty rave notices for pair. Great $18,500 in store. Last week, 'Top- per' (UA) and 'O'Connor' (M-G), nice $17,500. Pmmonnt (4,126; 25-35-50) — 'St Louis Blues' (Par) and 'Third of Na- tion' (Par); Okay $17,000. Last week, 'Wings Navy" (WB) and Homicide Bureau' (Col) (2d wk), satisfactory $15,000. Strand (2,870; 25-35-40) — 'Tough Kid' (Mono) and 'North of Shanghai' (Col). Mild fare will bring in quiet $6,500. Last week, 'Dr. Meade' (Col) and 'Nancy Drew' (WB), peaceful $5,500. 'Beanty'-Vande 15€; 'Each Other' $11,000, Daughter' lOG, Balto Baltimore, March "7. No noticeable Lenten dent into current de luxe doings here with good product the probable answer. Stage portion of Hipp.'s combo bill, featuring strong lineup of Vincent Lopez, Abbott Se Costello and Patri- cia Ellis, running 'Beauty for the Asking,' into town's top money. 'Made for Each Other' at Loew's Century, holding a pleasingly steady pace,, closely followed by 'Yes, My Darling Daughter' at Warner's Stan- ley. Latter got a censorial trim- ming, but no obvious effect on b. o., with a second week indicated on strength of pace being set. Estimates for This Week ' Century (Loew's-UA) (3,000; 15- 25-40)— 'Each Other' (UA). Off to a pleasing $11,000. Last week 'Huck Finn' (M-G) kept them coming, par- ticularly in daytime, to strong $11,- 800. Hippodrome (Rappaport) (2,205; 15-25-35-40-55-66)— 'Beauty for Ask- ing' (RKO) with Vincent Lopez, Abbott and Costello and Patricia Ellis. Leads town with $15,000. Last week 'Let Us Live' (Col), plus vaude headed by Lionel Stander, failed to click at $10,400. Keith's (Schanberger) (2,406; 15- 25-35-40)— 'Spirit of Culver' (U). Opened today (Tues.). Last week 'Dark . Rapture' (U) nice $7,900 for eight days. New (Mechanic) (1,558 lD-25-35- 55)— 'Wife, Husband' (20th) (2d wk). Holding steady pace to satisfactory $5,000 after okay opener to $7,300. Stanley (WB) (3,250; 15-25-35-40- 55)— 'Darling Daughter' (WB). Not hurt by censorial trim and heading into bullish $10,000. Last week, sec- ond of 'Beachcomber' (Par), added fah-ish $5,200 to good opening take of $10,400. 'Princess $23,700, Fields-Bergen USM for Top 1. A. Coin; Duke Wobbly at llGrOrph's Pair. $7,000 Broadway Grosses Estimated Total Gross This Week.. $275,800 (Based on 12 theatres) Total Gross Same Week Last Tear. . $273,100 (Based on 12 tlieatres) ' Me'-Jan Garber SweQ M On Flesh Yen, (hnaha ' Omaha, March 7. Jan Garber and his. orchestra arc headlining the Orpheum stage show here to a smash $16,000 -for the week's biggest take. Flesh starved natives are responding in droves. Lee Bennet, vocalist with the band, and George Givot, botb former Omahans, are a boost and the whole bill is getting big play. 'Duke of West Point' on the screen. 'Trade Winds' dualed with The Girl Downstairs' at the Omaha and 'Blondie Meets the Boss' split with 'Let Us Live' at the Brandeis are suffering somewhat from the com- petish. Trade Winds' is pulling a nice $7,000, however, and 'Blondie' with hometowner Henry Fonda in 'Let Us Live' a good $5,000. Estimates for This Week Avenue - Dundee - Military (Gold- berg) (950-810-650; 10-25)— 'Artists and Models' (Par) and 'Going Places" (WB), dual, split with 'Say French' (Par), 'Storm' (U), and 'King Alca- traz" (Par), tripler. Fair, $2,000. Last week, 'Dawn Patrol' (WB), and 'Cowboy and Lady' (UA), dual, split with 'Gangster's Boy' (Mon), 'Serv- ice DeLuxe' (U), and 'Marry' (RKO), tripler, good $2,300. Brandeis (Singer-RKO) (1,250; 10- 25-35-40)— 'Blondie' (Col) and 'Let Live' (Col). Good $5,000. Last week, •Gunga Din' (RKO) (2d wk) $3,800, fair. Omaha (Blank) (2,200; 10-25-40)— 'Trade Winds' (UA) and 'Girl Down- stairs' (M-G). Good, $7,000. Last week, 'Huck Finn' (M-G) and 'O'Connor' (M-G) $7,800, good. Orpheum (Blank) (3,000; 35-55)— •Duke West Point' (UA), and Jan Garber orchestra with stage show. Smash, $18,000. Last week, 'Wings Navy' (WB), and 'King Underworld' (WB), very good, $9,600. Town (Goldberg) (1,250; 10-20-25) —'Sunset Trail' (Par), 'Dawn Patrol' (WB), and 'Convict's Code' (Mon). tripler, split with 'Prairie Justice* (U), 'Artists and Models' (Par), and '(^ing Places' (WB), tripler. Good $1,800. Last week, 'Arizona Legion' (RKO). 'Gangster's Boy' (Mono), and 'Star Reporter' (Mono), tribler, all I first runs, split with 'Buckaroo' (Mono), 'Cowboy and Lady' (UA), land 'Hard to Get' (WB), tripler, I good $1,800. 'Stagecoach' Hauls Hefty 17G, Cleve.; 'Great Man'-Duchin Mild, 'Wings OK Cleveland, March 7. Lent not such a jinx this year, at least not to 'Stagecoach,' which is carrying a heavy chest full of gold into the State at a gallop. It's showr ing far more speed than next door Palace, where 'Great Man Votes' and Eddy Ducbin's crew on the stage iare faring rather mildly. 'Wings of Navy' held down to com- paratively low altitude at Hipp. After two swell stanzas there, 'Gun^a Din's' move-over to Alleii for h.o. is justifying it with one of sweetest grosses it's had this month. Estimates for This Week Alhambra (Printz) (1,200; 10-20- 35)— 'Homicide Bureau' (Col) and 'Gambling Ship' (U); Pleasant $2,200 for four days. Last week 'Woman Doctor' (Rep) and 'Smashing Spy Ring' (Col) on ditto run, $2,000, okay. ■ . Allen (RKO) (3,000: 30-35-42-55)- educators' 'Gunga Din' (RKO). Excellent $6,000 i average, nv> "(tVtift fv>nM TXinn fi\T> 4kii*i4 \ttoa\r ' C^lllm Kildare' (M-G). Fair' half -week. $1,600. Last week, 'Crooked Mile' (Par) for four days, $1,200, very tepid. Hipp (Warner) (3,700; 30-35-42-55) —'Wings Navy' (WB). Not strong, but doing well enough at $10,000 with help of favorable notices. ' Last week 'Gunga Din' (RKO) proved to be sockiest h.o. of ttie season, $12,000. Palace (RKO) (3,200; 30-35-42-55) ^'Great Man' (RKO) with Eddy Duchin's band. Earning excellent notices, but trade is off. Doesn't size up better than $14,000. X,asf week, 'Say French' (Par) plus 'Crazy Unit' vaude, nice $16,000. State (Loew's (3,450; 30-35-42-55) —'Stagecoach' (UA). No trouble at all in copping $17,000, fine, as result of shrewd ballyhoo and special pre- view which took $1,200. Last week, Topper' (UA) skidded in spite of convention to Los Angeles, March 7. . Several better than average grosses in store this week, with 'Can't Cheat Honest Man' and 'Little Princess,' leading parade. Temple opus run- ning around 100% better at Loew's State-Chinese than .previous picture, 'Just Around .' Corner';- about 50% ahead of 'Little Miss Broadway,' and 25% over her 'Rebecca' and 'Winnie Winkle.' 'Can't. Cheat Honest Man' heading for neat $25,000 on initial stanza at Hillstreet and Pantages, and will stick two weeks or longer. Holdovers, 'Pygmalion' and 'St. Louis Blues." showing strength, with former good for at least another month, Estimates for This Week Chinese (Graumari-F-WC) (2.024; 30-40-55-75)— 'Little Princess" (20th) and 'Girl Downstairs" (M-G). Con- siderable improvement over previous week, and very good Shirley Temple biz, with'$10,!)00 in sight. Last week, 'Each Other' (UA) and 'Pardon Nerve' (20th), nsh. $8,700. Downtown (WB) (1,800; 30-40-55- 65)— 'Duke West Point' (UA) and 'Nancy Drew' (WB). Weak $6,000. Last week, 'Darling Daughter' ' (WB)' and Torchy Blane' (WB) eight days, okay $10,500. Four Star (F-WC-UA) (900: 40-55) —'Pygmalion' (M-C^) (11th wk). An- other- $3,400 on top of 10th 'week's healthy $4,100. Hollywood (WB) (2,756; 30-40-55- 65)— 'Duke of West Point" (UA) and 'Nancy Drew" (WB). First U.A. pic for this house in several months is getting weak $5,000. Last week, 'Darling Daughter' (WB) and 'Torchy Blane' (WB) eight days, good $12,000. Orpheum (Bdwy.) (2,280; 25-30-35- 40)— 'Smiling Aloni;' .(20lh) and 'Gambling Ship' (U) plus vaude. Ordinary $7,000. Last week, 'Moto* (20th) and 'Arizona Legion' (RKO), $7,000. Pantaees (Pan) (2,812; 30-40-55)— 'Honest Man" (U) and 'Dr. Meade* (Col). Fields-Bergen opus looks set for neat $12,000, insuring holdover. Last weelt, 'Great Man Votes' (RKO) and 'Let Live' (Col), fair $6,000. Paramount (Par) ' (3,595; 30-40-55) -^'St. Louis Blues' (Par) and stage show (2d wk). Holdover week likely, with strong $11,000, after first week's bi" S18,000. EKO (2,872; 30-40-55)— 'Honest Man" (U) and 'Dr. Meade' (Col). Runnine somewhat ahead of its day- dater (Pantaces) and should reach . big $13,000. Last' week, 'Man- Votes* (RKO) and 'Let Live' (Col). .$6,500. State (L<}ew-Fox) (2,414; 30-40-55- 75)— 'Little Princess' (20th) and .'Girl Downstairs' (M-G) dual. Headed for neat $13,400. which is 100% better than last Shirley Temole opus at house. Last week, 'Each Other' (UA) and 'Pardon Nerve' (20th), not hot at $9,300. United Artists (F-WC) (2,100: 30- 40-55)— 'Each Other' (UA) and 'Par- don Nerve' (20th). Continued weak- ness on moveover at' $2,800. Last week 'Honolulu' (M-G) and 'Four Girls'— (M-G). okay $3,800. Wllshlre (F-WC) (2,296; 30-40-55- 65)— 'Each Other" (UA) and 'Pardon Nerve' (20th). Okay $4,600. on con- tinued first run. Last week 'Hono- lulu' (M-G) and 'Four Girls' (M-G), very good $6,200. 'Heart'-Dass $3,000, Best in Fair Lincoln Lincoln, March 7. With Alano Talca Dass on stage, Lincoln with 'Young in Heart*' is do- ing excellently awa^ from .dual Tea- tures for the first time in months. Stuart's 'Let Freedom Ring' is away under, hopes. 'Stagccoaclv did okay the first week and is fair on I the h.o. at' the. Varsity. I Opening of the Nebraska has been I set back again. House probably won't open until last week in March. I Estimates for This Week Colonial (NTI-Noble-Monroe (750; on shift from Hipp for third week. Stillman (Loew's) (1,972: 30-35-42- 1 $4,900, T.ast week 'Kine Underworld' (WB) 55)— 'Fast and Loose' (M-G). Shade I Van 10-15)— "When Born! (WB) and 'Har- vest MoOn' (Rep) split with '.Run- down Prairie' (Mono) and 'Accid-nts Will Happen' (WB). Avsra-c, C*00. Last week, 'Santa Fe Stampsde' (Rep) and 'Couldn't Say No' (VB) split with Thundering West* (Col) and 'Mr. Chump' (WB) fair S900. Liberty (NTI-Noble) (1,000; 10-15- 25)— 'Girls School' (Col) and 'North of Shanghai' (Col). House has slimmed off badly lately, and this won't boost much at. $1,100, sc-so. Last week.. 'I Am Criminal' (Mono) and 'Mr. Worn;' (Mono) light Sl,300. Lincoln (LTC-Cooper) (1.600; 10- 20-25)— 'Young- Heprf (UA) and Alano Dass on siiage. Very "lod $3,000. Last wcik 'Girls W'^te* (M-G) and 'O'Connor" (M-G) fair $2,600. Stuart (LTC-Cooper) (l.lOO: 10-25- 40— 'Freedom Rinu" (M-G). Only $12,000. 1 $3,000, 'very d'srippoipting. Last ' weak. 'Gunga Din' (RICO) sw«ll Last week, 'King Underworld' (WB) $2,500, n.g. Circle (Marmorsteih) (1,900; 15- 35)— 'Nancy Drew' (WB) and 'Dr. 55)— 'Fast and Loose' (M-G). Shade I VarBlty (NTI-Noble) (1.100: in.'?5- above ordinary at $4,000. Last week, 'Pygmalion' (M-G) (3d wk) very satisfactory $5,000. 35)— 'Staitecoach' (UA) (2d wk). Fair $2,700. First week, very gi/oi $3,300. 10 VARIETY PICTURE GROSSES Wednesday, Miirch 8, 1939 'Pyg' $10,000, Mpk; 'Each Other 5G; 'Man Remember in 8th Rosy Week Minneapolis, March 7. Going great b.o. guns, 'Pygmalion' is stealing the spotlight and monop- olizing most of the public attehtion here currently. Off to a whirlwind start, it looks set lor a good run at the Century. Tremendously «f- lecttve exploitation and advertising campaign helped. Otherwise, honorable mention goes again to 'Man to Remember/ still traveling at a profitable pace in its eighth week at the sure-seater World, with no end to the run in sight yet This one's sensational box- office performance is the talk of the industry here. 'Made for Each Other' is hitting under hopes for the State, and the Orpheum's Tail Spin' is the same, the takings leaving much to be de- sired. Redemption of Twin City Variety club refugees' relief fund tickets cut severely into grosses last week; The Orpheum ushers in a fortnight of stage shows Friday (10) with Jan Garber, who will be followed by Lou Breese. 'Ice . Follies of 1939' .opens a nine-day run at- the Arena March 17 and Lunt-Fontanne come into the Lyceum for four nights, starting March 22. Estimates for The Week Aster (Par-Singer) (900; 15-25)— 'Chan in Honolulu' (20th) and 'Pi- rates Skies' (U). Headed for pretty good $1,800. Last week, 'Ambush' (Par) and 'Secrets Nurse' (U), split with 'Arizona Legion' (RKO) and Torchy Blane' (WB), $1,400, mild. Centnry (Par-Singer) (1,600; 25- 35-40)— 'Pygmalion' (M-G). Sold to a fare-thee-well by fine advance campaign in a town made to order for this sort of 'class' fare. Critics' raves and customers' word-of-mouth boosting bound to keep take at high level. Opened with 'first nighter pre- view* (two shows) Thursday night. Should continue for at least three weeks, with two a cinch. Big $10,000 indicated. Last week, 'SL Louis Blues' (Par), $2,500, bad. Gopher (Par-Singer) (998; 25)— 'Great Man Votes' (RKO). Mixed opinions regarding picture and out alter $800 - on four days. 'Blondie Meets Boss' (Col) opens today (Tiies.). .Last week, "Pacific Liner' (RKO). $2,4nn. fair. Orpheum Par-Singer) (2,800; 25- 35-40)— Tail Soin' (20th). Pointing .to mild $5,000. Last week, 'Son Frankenstein' (U), $5,000, light. State (Par-Singer) (2.300; 25-35- 40) — 'Each Other* (UA). CJood notices from crix. Film's title and favorable word-of-mouth may build picture beyond light $5,000 indicated. Last week, 'Young Heart' (UA), $8,200, good, but would have gone close to $10,000. except for refugee benefit tickets taken in in lieu of ccsh. Time (Berger) (290; 25)— 'Assas- Bln of Youth' (Indie). After a brief whirl at double features for a dime, house has this first-run sex picture. What'U come next is mystery. Pic- ture opened Tues'day (7). Lost week, *I Was Captive of Nazi Germany' (SR). $500, noor. Uptown (Par) (1.200; 25-35)— 'Stand Up' (M-G). First neighbor- hood showine. Fair $2,300 indicated. Last week, 'Kentucky' .(20th), $2,400, fair. World (Steffes) (350: 25-35-40-55) —'Man Remember' (RKO) (8th week). Goes on like Tennyson's brook. Little variation In week to week take $1,400 clip being highly profitable. Last week, cash receipts considerably oft because of large number of refueee relief tickets taken in at box-office, but $1,600 still plenty good. 'C^tinga' H.O. $10,000, Rest of Montreal N.G; Davis 'S.ardust' review not io good, $5,500. Princess (CT) (2,300- 25-34-50)— 'Stand Up' (M-G) and 'Girl Down- stairs' (NI-G). At $2,500, poor: Last weelc, 'Son Frankenstein' (U) and 'Down on Farm' (20th) $3,000. ditto. Orpbenm (Ind) (1,100; 25-40-50)— 'King Turf (UA) and 'Pride Navy' (Rep) (2d wk). Disappointing re- ception' with $1,200 best in sight La^t week below . expectations at $2,500. Oliiema de Paris (France-Film). (600; 25-50)— 'Le Patriote' (2d wk). Pacing for eqUal of first week's $2,000. St. Denis (France-Film) (2,300; 20- 34) — 'Princesse Tarakhanova' and -Champion de France.' House pack- ing them in at all times and' shaping for excellent $6,500. Last week, 'Adrienne Lecouvreur* and 'Piste du Sud,' very nice $6,800. 'BEACHCOMBER' FINE $11, CINCY Frisco Expo Okay San Francisco, March 7. Treasure Island had a bang-up w.eek-end attendance. Around 126,000 persons went through the wicker. This was 10,000 better than previous week-end. 'Camel Caravan Revue' Is playing at the big California Auditorium at pop prices of 25c to 75c. Eddie Cantor is emcee. Up to March 5, some 752,000 .^jaid to attend the expo. Plenty of tourists from out of State, but expo is resigned to March-April letdown in crowds. Montreal, March 7.. 'Gunga Din' in a second stanza at Palace currently is shaping for socko $10,000 after best gross since 'Snow White' here, with $12,500 last week. This is oiily Ijright spot in town among Enqlish houses. Loew's closes out vaude week after next Other houses spotty to poor. Estimates for This Week Palace (GT) (2,700; 25-45-55)— ♦Gunga Din' (RKO) (2d wk) Shapmg for smash S' 0.000 on repeat and liable to be held for third ses- sion, after very fine $12,500 last week. Capitol (CT) (2,700; 25-45-55)— ♦Made Criminal' (WB) and 'Comet firoadway' (WB). Another poor week at $4,000, Last week, 'St Louis Blues' (Par) and 'Boy Trouble' (Par), poor $3,500. Loew's (CT) (2,800; 30-40-60)— 'Hard to Get' (WB) .-.nd Rachel Car- ley. ' Set for barely fair $6,000. Last week; Tough Guys' (T^ and Benny Cincinnati. March 7. 'Beachcomber' at the Shubert and 'Little Princess' at the Albee are head-and-head for front money cur- rently. Temple pic's night biz is disappointing, 'Duke of West Point' is fetching fairly good returns for Keith's. Tail Spin' at the Palace and 'Persons in Hiding.' at the Lyric, n.s.g. RKO's smallie Family, which re- cently adopted duals on a split-week run, has upped the scale from 15-25 to 20-30 cents. Change has resulted in a slight gross tilt Week-end trade suffered from a hard rain Saturday (4) night and advance Of spring warmth Sunday (5). Estimates for This Week Albee (RKO) (3,300; 35-42)— 'Lit- tle Princess' (20th). Juve trade okay only in afternoons. Very light biz after 7 p.m. Disappointing $11,000. Last week, 'Each Other' (UA) very good $13,500. Capitol (RKO) (2,000: 35-42)— 'Each Other' (UA) (2d run). Good .^5.000.. Ditto last week with 'Huck Finn' (M-G) (2d run). Family (RKO) (1,000; 20-30)— 'Pirates Skies' (U) and 'I Am Criminal' (Mono), split with 'Boy Slaves' (RKO ) and "Home on Prairie' (Rep). Okay $2,300. Last week, 'North Shanghai' (Col) and 'Head- ley's' (BF), split with 'Pride of Navy' (Rep) and 'Fighting Thoroughbreds* (Rep), normal $2,100. Grand (RKO) (1,200; 25-40)— 'Gunga Din' (RKO) (3d run). Fair $2,500. Ditto last week on 'Hono- lulu' (M-G) (3d run). Keith's (Libson) (1.500; 35-42)— •Duke West Point* (UA). Fairly good $5,000. Last week, 'Fast and Loose' (M-G), eight days, swell $6,000. Lyric (RKO) (1,400; 35-42)— 'Per- sons in Hiding' (Par). Bad $2,500. Last week, 'Gunga Din* (RKO) (2d run), very good $5,000. Palace (RKO) (2.600; 35-42)— 'Tail Spin' (20th). Poor S7,500. Last week 'Musketeers' (20th), six days, sad $6,000. Shubert (RKO) (2,150; . 32-42)— 'Beachcomber' (Par). Excellent $11,000 and will hold. Last week, 'Pygmalion' (;M-G) (3d wk) $4,500. all right 'Beachcomber* $7,500, Tyg' $5,500, Seattle Seattle. March 7, Music Hall starts new policy this week, being billed as a 'four-star' theatre.' House has been dorte over by Hamrick-Evergreen from front to screen, and looks class for smaU- sCater. 'Pygmalion' opener is set for an extended run of five or six weeks.' Big campaign an aid. 'Beachcomber' has nice sailing at the Fifth to the tund of $7,500. 'Stage- coach' getting plenty of exploitation for Paramount theatre- showing, gar- nerin ; $7,300. Estimates for This Week Bine Moose (Hamrick-Evergreen) (850; 32-37-42)— 'Gunga' (-K0) (3d wk) on moveover from Paramount Good $2,800. Last week fourth for 'Jesse James' (20th), $2,500. Collsenm (Hamrick - Evergreen) (1,900: 21-32)— 'Sweethearts' — 'Wife, Husband' (20th). dav and dating with Tower at S3.7nn. good. Last week. 'Honest Man' because he insisted on buying ■ Metro films for the Paradise, local neighborhood theatre owned by him and President W. ' A. Steffes of i Northwest Allied, and showing them ' at lower matinee admission prices ahead - of other independents. Be- cause of this situation a number ot prominent Twin City independents are threatening to cut loose from Northwest Allied ..nd form their own rival organization, and it is indicated there'll be a showdown on their score when the body holds its annual convention here June 12. 'Snow White' went into the Crys- tal, lower loop "lOc subsequent-run double-feature grin' house, as one- h.ilf of a twin bill', Tiiough the house raised its admission to ISc for this atfr^ction, a number of the indies are squawking. They claim RKO insisted that the Disney classic wouldn't be shown in the territory on any double feature program, or at less than 20c admi.ssion. They're also sore becaiise approximately only two weeks have clcpsed since they showed the p;cture at 25c admis- sion. The exhibitors now complaining were hold-outs last year against the RKO 40% dcmcnd tor 'Snow White." RKO at the time declared emphati- cally that it never would sell the picture for loss, but by holding off for more than a year, the Twin City indie neighborhood Hbuses were able to buy if for 30%. Although President Steffe,s, ot Northwest Allied, Is mum, other or- ganization leaders here are voicing their resentment over the North Dakota theatre divorcement law re- peal. They charge that the- distrib- utors s.lippcd the repeal through and they say they want to discontinue present 'peace' negotiations at trade practice conferences, in which the (Continued on page 31) 18 VARIETY FILM REVIEWS Wednesday, March 8, 1939 ICE FOLLIES OF 1939 Hollywood, March 7. lletro nienee of Harry Rapt production. Stun Joan Crawford; features Jiimea btew- art, Low Ayrea, Lowla Htona, International Ice Folllca with liesa Elirhanlt, Koy and Eddie Shlpgtad, Oacar Johnaon. Directed by Relnhold Schunzel. Scivenpluy by Ir I'Mcns. SknIlnR choregraiiliy, Frances Claudet, Vul Itaset. Camera. Jo- seph Ruttenberg; editor, \V. Donn Hnycs; technicolor photogruphy, Oliver Mnnih; vocnl and orchestral nrrnnKcments, Leo Ar- naud, Ueorge Xnssman, I'revlcwed nt TCesl- nood Vllloge, March 2, 81 MIKS. '30. Running time, Mary McKay Joan Crawford Lnny Hall James Stewart £ddle Burgess Lew. Ayrcs Douglas Tolllvcr, Jr Lewis Stone Kitty ,Shecm;in Bess Khrliardt Mort Hodges ..Lionel Sinndor Burney Charles D. Drown ture of comedy and dramatic ele- ments is workmanlike throughout. Entire production was given most elaborate mounting. Both olack-and- white and Technicolor photography hit high marks in their respective fields. Metro successfully accomplishes the difficult task of welding two rather extended appearances of the International Ice Follies troupe into this production — withal keeping both story and ice show in separate grooves where one does not detract from the other. Film is an attractive package of entertainment, displaying smart showmanship in both execu- tion and overall production. It car- ries factors which assure healthy grosses for all bookings. Joan Crawford has a clear-cut role better suited to her talents than has been provided in several years past ' She takes full advantage of oppor- tunities to be sincere and glamorous. If recent pictures have dropped her rating with the paying public, this one will swing Miss Crawford right back to her former position. But, as the tiUe suggests, it's the Ice show and spectacle that count It's expertly assembled to maintain speedy tempo in presentation — cnockful of specialties in the first section, .and decidedly eye-appealing in theTechnicoIored Cinderella spec- tacle for finale. The ice show num- ' bers are new and novel material for screen presentation. Not exactly a flimuslral, but yet an elaborate show on tee. The International Ice Follies toured the country the past year, but no- where could .the- show be staged with all of' the color, speed, effectiveness, scenic investitures and facilities .as. Srovlded by Metro in this produc- on. First half of the Ice show presents specialty acts and ensembles expertly Interwoven into a high- geared siequence running about IZ minutes. It includes specialties, by Bess £hrhardt Roy Shlpstad, Eddie Shipstad,. Oscar Johnson, Harris Legg and La Verne Busher; in addition to three appearances by boys and girls of the skating ensemble in peasant, Scotch and Indian routines. There's fine spacing .of the comedy, solo numbers and ensembles. Materially assisting in highlight- ing the effectiveness of the first part of the Ice show is the camera and technical aid provided. The reflec- tions in the fee as the performers glide through their numbers will quickly catch audience attention. Camera movement and angles add much to impress the individual and ensemble routines, while the rink se- quences have been tinted and toned in laboratory printing to eliminate any glare from the ice surface. Second appearance of the Ice Fol lies nms about 17 minutes in the Cinderella fantasy finale. It's a beautiful color production sequence that combines the land of make- believe with reality. It's a fitting climax. Story is only a framework on which to build the Ice sequences. Rather light it would have had trouble unfolding on its own tor seven reels.. Joan Crawford marries James Stewart and when he finds tough sledding in securing skating engagements, former conveniently nabs a film stock contract Miss Crawford gains to stardom in her first picture and Stewart goes east to generate interest and backing in his Ice Follies idea. The venture dick!!, byt when Miss Crawford hits New York for a pei-sonal appearance she has little time for her husband. After Miss Crawford asserts deter- raJnation to, give up her film work for Stewart the conflicting careers are brought together nicely by studio head, Lewis Stone, who hires Stew- art as b film producer, Stewart gives a believable per- formance as the husband-skater and ^ carries heftiest role in the picture. B Lew Ayres and Stone are okay and 1 nicely grooved as Stewart's skating W partner and nroducer; respectively. Despite all of the advance pub- licity generated on the oredicted ap- pearance of Joan Crawford on skates, player keeps off the blades throughout the nicture. In Cinderella \ finale, she is only one without skates, but situation is kidded several times during the film stanza for some healthy comedy dialog. Three songs recorded by Miss Crawford for the picture have hit the cutting room floor — with excep- tion of a very short chorus retained in the Cinderella spectacle. Star is given fiulher glamor via a Hedy LaMarr hair-do. Many femme fol- lowers of Miss Crawford may take exCGDtlon to ber . falling back on another's specialty makeup, in view of the fact that similar hairdress . was retehtly worn by Joan Ben- nett In 'Trade Winds'. Direction of the story section of the Dieture was capably handled by Relnhold Schunzel. His intermix- NEVER SAY DIE (WITH SONG) Los Angeles, March 7. Paramount release of Pnul .Tones prognn Tom Dugan ncrt the Beetle Joseph Colts I»lg Time Tim Jim Toncy ITie Canary Tommy Macii Mayor Jones Brandon Tynan Qeorge Watson George Meeker Offering a novel switch to the ac- cepted formula for racketeer pic- tures, 'The Lady and the Mob' is an enjoyable and amusing piece that will catch the fancy of audiences generally. It's a strong programmer, with opportunities for extensive ex- ploitation, and word-of-mouth will assist materially after it gets roil- ing. With Fay Bainter the only sell- ing name, this picture nevertheless will get some attention as a topper in the key duals, but should hold its own solo very nicely in the subse- quents and lesser operations. Novel twist to a familiar yarn Is provided by reversing regulation racket-buster procedure. Fay Bain- ter, rich, staid arid aristocratic old lady, goes after a gang engaged in a cleaners' racket When the payoff boys brush her aside, she acquires a mob of her own to rout the gang- sters. The adventure carries' her through a series of dizzy situations imtil.she accomplishes her purpose. Miss Bainter provides 'an excep- tionally fine characterization in role of the old lady, who is gradually transformed from a mid-Victorian granddame to a vigorous and' ag- gressive crusader. Ida Lupino and Lee Bowman are okay as love inter- est, while Henry Armetta presents his standard Italian characterization. Miss Bainter's mob is a broad- sketched conglomeration of thugs, providing much of the comedy -ele- ments in both dialog and situations. Soprano-voiced Tommy Mack, for instance, is a nice bit of casting. After establishing the old-fash- ioned procedure of Miss Bainter, pic- ture swings into high gear to pick up speed as it rolls along. It's neat dovetailing of a tight script and. competent direction. Laughs are nu- merous and nicely spaced. Inserted in the script is a timely plea for Americanism delivered by Miss Bainter, deftly introduced to compare freedom of America with dictators of other countries. Entertainment factors of the pic- ture rise far above the moderate budget provided for its making. BLACKWELL'S ISLAND 'Warner Bros, release of First National Production. Stan Jnles Oarflcid; featota Stanley Fields, Rosemary Lane, Dick Pur- caU. Victor Jory. Directed by 'William McOann. Adapted by Crane '\vllbur from original by Wilbur and Lee Katz; camera, Sid HIcox: musical director, Leo F. Forb- steln; editor, Doug Oould. At Globe, M. Y., waek .March 1, ^80. Running Ume: 71 HIKS. Tim Haydon John Garfield Sunny Walsh. , Rosemary Lane Teny Walsh Dick PureeU Thomas UcNalr ; Victor Jory Bull Bransom Stanley Fields Stove Cardigan Morgan Conway Warden Stuart Granger,... Granville Bates Brower Anthony Averlll Pearl Hurray Peggy Shannon Benny Chariey Foy Xlike Garth ..Norman Willis Rawden Jo« CUnnlBghain chant for practical macabre jokes, to dominate the proceedings more effectively than Garfleid. Romantic interest is slighted and only sketchily worked out Rose- mary Lane has the part of the mur- dered copper's daughter and has little chance to show anything, Vic- tor Jory as the Commissioner, Gran- ville Bates as the warden, Dick Pur- cell as the cop, and Charles Poy, a punk mobster, do all that could be expected of them. As to Garfield, his wc "c, though effective, is getting to look typed and could benefit by the producers mixing up his roles. His style is emotionally too intense and re- pressed. Film can be exploited to the hilt as all the possibilities are there. Boxoffice will depend on the way It is. handled. Secret Service of the Air Warner Bros, ncoductlon anJ release.. Features Ronald Hengan, John IJtel, Ha Ithodcs, James Stephensoti and Bddio Foy, Jr. Directed by Noel Smith, Based on ninterlnl comnlled liy W. H. Moran; story imd ndnptatlon. Raymond Shrock: editor, Doug Giiuld: photography, Ted McCord, AK Rlalto, N. T.. week ttarch 1, '30. ■tunning lime. SI MINH. Lt. 'Brass' Bancroft Ronald Reagan .Snxbv John LItel Pamela Schuyler Ha Rhodes Jim Cameron James Stephenson Gabby Watters .liddle Foy, Jr. Zelma Warren Rosella Town*. Dick Wayne Larry Williams Joe LeRoy John Rldgely Hafcr. Anthony Averlll Hamrick Bernard Nedsll Uoc Frank M. .Thomas One of the better prison mellers in the Warners' penaf cycle, spiced and garnished this time with factual recording of almost- unbelievable condltioDS ' in a penal institution. Picture has three elements suffi- ciently outstanding to establish 'box- office power. Tliese are enough to outweigh script and production de- ficiencies which might have made the picture much stronger. Pulling power comes from stand- out work of John Garfleid and Stan- ley Fields, a strongly exploited title and a portrayal of incredible events taken from real life. Story, in pert is satirical, but otherwise a true conception of cor- rupt politicians and scandalous con- duct oy penal authorities. It is a flagrantly bitter portrait which Di rector McGann and Crane Wilbur have etched of the way sinister forces can take over a prison, tiim it into a private club for gangsters, and transform the warden into a lackey for its star -boarder, a mtir- derer and ex-con. Yarn closely follows the news- paper expose of . conditions found on Blackwells Island by the N. Y. Commissioner of Corrections in 1934. Then it was discovered that the prison was imder virtual command of a ruthless criminal who ran it to enrich his own pockets by exacting tribute from its inmates. Of the 1,700 prisoners on the 'Island' only those who were able to. pay for it were decently fed or housed, while the kingpin and his henchmen lived sumptuously and even ran an organ- ized gambling joint. With this as the kernel of the plot it is further embroidered with the familiar formula of a newspaper- man's efforts to unmask a gang prey- ing on waterfront shipping. A cop- per and barge-owner are brutally murdered by Bull Branson (Fields) and his mob. Scribe's headline sto- ries Anally send Branson's mob to Blackwells for a 'stretch,' To prove Branson ordered the killings, scribe (Garfleid) gets him- self committed to the Island, and When he has enough evidence tips off reform-ticket Corrections Com- missioner, A two-flsted raid ensues which puts an end to rampant vice conditions in the prison and Bran- son's mob is Anally put away for good. As the star, Garfleid handles the part in earnest and capable fashion, but he Is much stronger than, the role assigned him. Moreover, script writers permit Stanley Fields, as the uncouth strongarmer, with a pen- Exhibitors will find 'Secret Serv- ice of the Ai'* a satisfactory booking for secontJary theatres where play- ing alone, and siiltable for better double bills as the No. 2 feature. Since the latter are always bought flat this one may be worth a bit more than the run-o'-the-mill melo- drama. There are no marquee names, but the picture, a well-made B, is based on a better than average story of its kind and arouses con- siderable interest through the ex- citing action, fighting, flying, etc. It doesn't lag at any point. Casting and direction by Noel Smith are capable. Some of the fight scenes, as well as air sequences, have been expertly piloted. Smith may go on to bigger things. Ted McCord's fine photography is right behind him in this Instance. Shots in the air are exceedingly well done. Story is based on material which was supplied by W. H. Moran, ex- chief of the. U. S. Secret Service, who no doubt furnished a case his- tory of one of the successful ex- ploits the Government men. Ray- mond Shrock's adaptation, crammed with plot Is always smootii. Ronald Reagan impresses as the XS-man. He handles his fists for ftillest results in a couple scrap scenes, one aboard a plane. The love interest is held down severely. The attractive Ila Rhodes is the No. 1 girl, and Rosella Towne, plane hostess, sub-romance. John Lltel plays a Government man who fol- lows through as Reagan's superior, giving a seasoned performance. Leasers are mostly smugglers, ex- cepting for Eddie Foy, Jr., who is in there pitching rather strongly for laughs. Char. Blondie Meets the Boss Lincoln, March 4. Columbia production nnd release. Fea- tures Penny Singleton, Arthur Lake. Larry Sims. Directed by Frank R. Strayer; screenplay. Richard Floumoy, from story by Kay Van Riper nnd Flournoy; camera, Henry Freullch: editor. Gene Havllck. Re- viewed In Projection Room. Lincoln. Ne- braska. Running time: 76 MIN8. Blondie Penny Singleton Dagwood Arthur Lake nnby Dumpling Larry .Sims Dithers Jonathan Halo Alvin Danny Hummert Dottle Dorotry Moore Don Don Bedoe F. R Linda Winters .Shaw Sunlcy Brown Had JOel Dean Dick Richard FIsko Singer Inez Courtney Chic Young's comic strip charac- ters, Blondie, Dagwood, and Baby Dumpling, go another step in Colum- bia's 'Blondie' series. It's amusing only in spots, and will find itself mostly relegated to duals and the nabes. Scripter Richard Flournoy takes Dagwpod (Arthur Lake) over the jumps in this effort letting his frau take his job and allowing' him to go on a fishing trip which finds him framed into a compromising posi. tion. Principal faults are the recur ring gags from the previous 'Blon die.' Dagwood's ever present triple- decker sandwich gets a play, and the dash for the morning car also gets a dual call, once before he loses his job and then again for Blondie when she takes over for him. Film has a bit of this and that —business deals, amorous shenani- gans, a jitterbug contest— all woven into one vehicle. Lake and Penny Singleton are in the same step as m the series' opener. Larry Sims, moppet, is cute, but his delivery is dull even for a kid, same going for Danny Hummert (Alvin). Best bit IS the interpretation of Blondie's jealous mind by a clip of a newsreel bombardment (Jbviously a low cost film, but may fli.d a ready audience in the family theatres. Bam. The Flying Irishman Hollywood, March 1. RKO release of Pnndro Berman produc- tion, .Stars Douglas Corrigan. Directed by Leigti Jnaon. Screenplay by Rrneat Pagano and Ualton Trumbo. Commcnutnr, Knox Manning; asst. director, Kdward' Kllly; camera, J, Roy Hunt; special ef- fects by Vemon L. Walker; editor, Arthur K. Roberts. Previewed at Pantages, Feb. L>H, 'SU. Running time: TO MIKS. Doug Douglas Corrlgnn Btttch Paul Kelly .loc Allien Robert Annstning Clyde (nine yenr^J Ucn* ReynoMs Thompson Donald Mi'JIrlde Henry Eddie Oullinn Mr, Corrigan ,,jJ. M. Kerrigan Mrs, Corrigan Dorothy Pctoi-son Henry (seven years) Scotty llrckelt Sally Joyce Compton MaybeUe,. Dorolhy Appleby Personnel MKnager Minor Watson Mrs. Thompson Cora Wltherspoon .Smedley Spencer Charters Edith. . . : Peggy Ryan Rather late for RKO to take ad- vantage of the brief popularity and public adulation Douglas Corrigan enjoyed last year for his wrong-way flight across the Atlantic. Picture must be tabbed as a novelty attrac- tion, gathering light coin in a few spots where interest in Corrigan can be revived by exploitation, but gen- erally slipping into the lower duals where the kids will give it a healthy response. The Flying Irishman' Interests mainly as a biography of the young flyer, sketched from age of nine un- til tour of various cities in his crate after landing in Ireland. Corrigan's early struggle and experiences' to obtain a plane of his own «re remi- niscent of the fictional heroes of Horatio Alger. Sympathy for the youngster's experiences and ultimate suct^ss is spread on ratiier thick- he continually works against over- whelming odds while helping to sup- port a. mother, brother and sister. Corrigan's attempt to re-create his early experiences before the camera is decidedly amateurish. He's self- conscious to an extreme, delivering dialog in a nasal monotone. Script confines his dialog to a minimum, which helps somewhat Story opens with welcoming com- mittee at San Antonio air field. Radio announcer, awaiting arrival of Corrigan, cuts back with narrative to early life of the flyer. As a kid of nine, parents separate, the mother struggling to bring up two sons and a daughter. Family moves to Los Angeles, where Corrigan works to help support the faralqr until death of the mother, when he takes over, stu(^ing flying with, meagre funds left aftei* putting brother through college. Acquiring an antiquated plane, he barnstorms the country, finally taking off from San Diego on non-stop to New York and following with the hop to Ireland Corrigan had much to say about . the' script, and sidetracked many story angles the studio wanted to use in the picture. It Is interesting, however, at this late date and ap- parently with Corrigan's approval, that tiie entire trip across the At- lantic was planned by the flyer well in advance of his takeoff from the Coast, and he treats the 'wrong- way' billing rather lightly in the picture. After getting past early years of Corrigan's life, picture moves at a fast tempo. Obstacles are continu- ally placed in the way of the flyer towards his goal of being a transport flyer, and his determination to over- come financial obstacles is dominant throughout Capable supporting cast, including Paul Kelly, Robert Armstrong, Don- ald McBride, Eddie Qulllan, J. M. Kerrigan and Dorothy Peterson, further Impresses that Corrigan is a neophyte in too-fast thespic com- pany. I WAS A CONVICT Republic release of Herman Sdilom pro- duction. Features Barton MacLane, Bev- erly Roberts and Clarence Kolb. Directed by Aubrey Scotto. .Screen play by Bon Mnrkson nnd Robert D. Andrews from original by AndnMvs; editor. Murray Kel- deen; musical dlreclor, Cy Fauer; camem, Edward Snyder. Reviewed In Projection Room, X. Y,, March 'J, '39, ' Running time: VI .niNS. Ace King Barton MncLnne Judy Beverly Iloberls- J. B. Harrison Clarence Kolb Mrs. Harrison Janet Bcecher Missouri Smith Horace MacMahon Rocks. Ren Weldfin Jackson Leon Amea Aunt .Sarnh t t'lsra Bemllck District Attorney Russell Illrks Matty John Harmon £:vans Chester Cliite So full of action, finger-biting epi- sodes and climaxes that ' it suffers from an over-abundance thereof, this meller Is slated for the sustainer portion Of the multiples. Plot line is slim and there is so much hung on it it's bound to sag. Obstacles and climaxes come' in such quanti- ties they give the audience an un- pleasant case' of jitters. A many-times-told yarn, it's im- plausible from the start and gets more so as it moves along. Never- tlielcss, it should be said for author Robert D. Andrews it's the type of stuff Rep chaws up for its accounts, so he was justified. Also in the pic's fkvor Is the direction. It's sprightly, and, as stated, fast-moving when the quantity of action doesn't get in its way. Tale is of a millionaire manufac- turer (Clarence Kolb) who, upon being released from jail on an in-' come tax charge, takes a couple of (Continued on page 29) Wednesday, March 8, 1939 VARIETY 19 I 1 ' 1 f 1 1 J i They're . . . and they're all from PARAMOUNT! 20 VARIETY Wednesday, ]\Iarch 8, 1939 1 ITS ^ "CAFE SOCIETY" It*!! new . . . it's news . . . it's the screen's first story of the glam- orous *'400" of the night clubs. With a big-name cast headed by MADELEINE CARROLL, FRED MacMURRAY'^nd SHIRLEY ROSS. Directed by Edward H. Griffith. '*THE BEACHCOMBER" CHARLES LAUGHTON'S triumphant comedy of romance in the South Seas — now blaz- ing a box-office trail from coast to coast. A Mayflower picture with Elsa Lanchester, produced and directed by Erich Pommer. "MIBNIGHT" CLAUDETTE COLBERT and DON AMECHE head the prize cast of the season in *'Midnight", the prize roman- tic comedy of the year. With JOHN BARRYMORE, Francis Lederer, Mary Astor, Elaine Barrie. Directed by Mitchell Leisen. "SUDDEN MONEY" Hilarious story of sweepstakes winners, sure to get big money. With a hand-picked comedy cast, built for laughs, including Charlie Ruggles, Marjorie Rambeau, Charles Grapewin, William Frawley. Directed ^y Nick Grinde. "KING of CHINATOWN" AKIM TAMIROFF, whose roles have made screen history, delivers his best performance as Frank Baturin, strong man of a city of sin. With Anna May Wong, J. Carrol Naish. Directed by Nick Grinde. Wednesday. March 8, 1939 VARIETY 21 "I'M FROM MISSOURI" • . . Starring the one and only BOB BURNS . . . and topping " "The Arkansas Traveler" in every department. With GLADYS GEORGE, Gene Loclchart and Samson, the only mule ever to spend a night in a Turkish bath. Directed by Theodore Reed. "NEVER SAY DIE*' The laughs come fast and furious when MARTHA RAYE and BOB HOPE go on a funny-honey- moon...withANDYDEVINEaIong as (haperon, and Alan Mowbray as jealous lover. Gale Sondergaard and Ernest G>ssart round out a perfect cast. Directed by Elliott Nugent. "BACK DOOR TO HEAVEN The first of the much-heralded, long-awaited Bernard Steele eastern presentations.. . . already winning the plaudits of the critics. "Hit as box-office melodrama. A triumph!" says Hollywood Reporter. With Wallace Ford, Stuart Erwin, Patricia Ellis, Aline McMahou. Produced and directed by William K. Howard. » CECIL B. BeMILLE'S "UNION PACIFIC" The BIG picture you've been waiting for with a cast of thousands, headed by BARBARA STANWYCK and JOEL McCREA-.and an exploita- tion and advertising campaign that will blanket every town in America. Paramount, gives you Cecil B. DeMiUe's "UNION PACIFIC"! urn VARIETY Wednesday, March 8, 1939 JJ 'THE LADY'S FITOM KENTUCKY" ...GEORGE RAFT and ELLEN DREW, beautU ful star of "Sing You Sinners" and "If I Were King" in a heart-pound-^ ing, pulse-racing story of the turf . . . with Hugh Herbert and ZaSu Pitts in support. It's one for the money . . . sure to lead the field. Directed by Alexander Hall. "UNMARRIED" > . . Paramount showman- ship stars BUCK JONES, most popular of cowboy stars, in his first dramatic role. A hard-hitting action drama of down-to- earth folks, with HELEN fwELVETREES and DONALD O'CONNOR, kid star of "Sing You Sinners." Directed by Kurt Neumann. ' "HOTEL IMPERIAL" . . . Glamorous, excitmg ISA MIRANDA, in her, first American screen role . . . co-starred with RAY MILLAND in a powerful drama of strange adven- ^ture and strange people^ behind the gates of Hotel Imperial. With Reginald Owen, Gene Lockhart !and J. Carrol Naish. Dir-. ected by Robert Florey., "STOLEN LIFE" Elisabeth BERGNER; the magniHcent . . . the incomparable . . . the first dramatic actress of our; time — in her greatest tri- umph ... a picture for every woman in America, and the men they bring with them to your theatre! A Paramount release, produced and directed by Paul Czinner. STOLEN LIFE IT PAYS TO PIM ft PARftMOttHT PICTURE! •VAIWETirS' LONnON OFFICE 9 St. HHrtlD's Plum, Trnfalicar Hqoara INTERNATIONAL NEWS Cable Addrms: TARIETT. TX)NnON Trlrplioiie Trmpls Bnr S04I-!KMS 23 D.S. FACES FRENCH CURBS Increased Anglo Production Seen Hvough Reduced British Quota London, March 7. The. Films, Council, set up by Great Britain's quota law, met last week with the result that the proposed ((f.ota increase this year may be obnndoned. Producers, distributors and exhibitors are being asked to consider a reduced quota designed to encourage increased British pro- duction. Idea also has been advanced that the minimum labor cost requirement of $37,500 per film be eliminated, v.'ith such quickies to qualify for quota credits. There also is a pos- sibility that the exhibitors' quota in England will be reduced. British exhibitors are credited with complaining that there are not enough American loy/-rental features being shipped into Great Britain for their needs or even their quota re- quirements. While this tendency to reduce the usual year's program al- lotment for Great Britain is natural, U. S. companies' claim the number hsr not been materially decreased, if at all, in many cases. Exhibitors here, especially the smaller houses, are complainiiif; about lack of product. In order to stvengtlien their campaign for quota relief they have enlisted the support of labcrites. With the labor party involved, the big demand today is for more production in Great Brit- ain, with no qualification ns to its ccst or class — just so there is lots o£ it. Even now both U. S, picture people and British leaders admit that the new British quota law, which be' came effective in April, 1938, is dif- licult to understand and still is not clear on several vital points. An example is the current Question raised over hhw foreign (U.S.) dis- tributors may! secure quota picture credits. Legal experts and veterans in the business profess that they are not sure whether all quota credits can be obtained by means of double and triple-quota pictures (high bi-.dget films) or only half can be secured this way. American officials have been told to go ahead and line up their quota productions in Great Britain on the assumption tliat the present Board of Trade ruling, which stipulates that only half of quota credits can be obtained by means of double or triple credit pictures, will not be ch&nged. But the attitude of U. S. companies is that it is too vital a matter with which to take any chance. Spokesmen for these com- panies claim they can't tie up money on $1,000,000 productions or on any number of features if the law stands to be reinterpreted so that they would stand to lose considerable. For instance, U. S. producers don't wfint to start too many hiph-budgol features if the rules in the quota arc to be altered to allow a lot uC quickie productions. At the same time they do not like to produce too many low-cost Alms if they can lake a chance on one bis feature which might return a profit in the world market. . Full gist of present arguments over the British quota (new higher quota percentages go into eflcct next month) simply is that the Quota Act is not working out with the glowi:ig results anticipated by the trade. U. S. MAJOR COS. STILL FIRM ON ITALY DISTRIB Italy stiiris getting no major com- pany pictures for distribution, de- spite many attempts made by Italian reps to interest them in recent weeks. Reported at industry headquarters (Hays office) in New York that a number of official and semi-official spokesmen are striving to heal the breach and get U. S. films back into Italy. The companies pulled out Dec. 31 rather than accede to the Italian gov- srnnrent's monopoly of foreign dis- tribution. 'Grand Illusion' Cracks *Mayerlmg' Mark in N, Y. 'Grand Illusion' begins its 26th week at the Fllmarte, New York, today (Wednesday) establishing a new record for a French, picture at this house and topping the 25-week mark established by 'Mayerling.' 'Illusion' ' closes March 14. 'Crossroads,' Tri National picture, and then 'Bizarre Bizarre,' a French comedy handled by Lenauer Inter- national, follow 'Illusion,' in that order into the Filmarte. Capeks Play Gets Good Reception In London Bow London, March 7. Karel Capek's 'The Mother,' his last play before his death last year, was generally well-received in its West End debut here Thursday night (2). Adapted by Paul Selver, the play came to the Garrick after i suburban tryout. Though there were some rave notices, the play's theme, a morbid treatise on maternal sacrifce, is not the usually accepted idea of enter- tainment. 'The Mother' is said to have been written at a time when Capek sus- pected -the possibility of a German attack on Czechoslovakia. Although the locale of the play is an imaginary country, indications are that it was his own, for Capek was a Czech. Adaptor Selver is of the Czech lega- tion here. Heading the cast are Eliot Malce- ham. Anthony Hawtrey and Ray- mond Lovell. Miles Malleson pro- duced. 'The Jealous God' opened Wednes- day night (1) at the Lyric, but first- nighters generally slated it for a short stay. It's a serious dis.sertation on a bromide subject, ineffectually designed as drama. Current London (.With Dates When Opened) Plays 'Me and My Girl,' Victoria Palace —Dec. IC, "37. 'Room for Two,' Comedy— Sept. 6. '38. 'Dear Octopus,' Queens — Sept. 14. '38. 'The Corn Is Green,' Duchess — Sept. 20. '30. 'When We Are Married," St. Mar- tin'.s— Oct. 11, '33.. 'Quiet Wedding.' Wyndham's — Oct. 14. '38. 'Goodness. How Sad.' Vaudeville— Oct. 18, '38. 'Geneva.' St. James— Nov. 22, '38. 'Under Your Hat," Palace— Nov. 24, '38. 'No. 6.' Aldwych— Dec. 21, '38. 'Qucsn of Hearts,' Lyceum — Dec. 24. '38. 'They Walk Alone,' Shaftesbury— Jan. 19. '39. 'Magyar Melody,' His Majesty's— Jan. 20. '39. 'Design for Living.' Haymarket— Jan. 25, '39. 'Tony Draws a Horse,' Criterion- Jan. 20, '39. 'Gaslight,' Apollo— Jan. 31, '39. 'Worth a Million,' Saville— Feb. 2, '39. 'Nora,' Duke of York's — Feb. 3, '39. 'French Without Tears,' Piccadilly —Feb. 5,. '39. 'Little Ladyship,' Strand— Feb. 7. ■39. 'To Love and lo Cherish.' Kings- wav— Feb. 21-. '39. 'Johnson Over Jordan,' New— Feb. 22. '39. 'Jealous Gods,' Lyric — March 1, '39. ' The Mother,' Garrick — March 2, '39. SEE NEW L ESCAPING PACT Franco - American Trade Treaty Would Not Be Vio- lated as Bill Is Slated to Get Around Provisions — Receipts to Be Controlled, Dubbing to Be Taxed and Programs Would Be Lim- ited SUBMITTED SOON Paris, Feb. 28. That ., long awaited 'Statute ■• du Cinema,' as the French call. the law that will be the future 10 command- ments for the industry in this coun- try, is just about ready to be sub- mitted to the Chamber for ratifica- tion. According to all reports, it's going to sting the Yanlcs badly. Exact measures new law will em- body are being scrupulously guarded but general lines point towards new difficulties for foreign concerns ex- ploiting films in this country. Al- though the Americans still have the Franco-American trade treaty to fall back on to assure them no worse treatment than those enjoyed by French and other foreign films, new bill is expected to get around those stipulations. "Three measures expected to be in- cluded in the new bill which will affect the Yanks is a control of re- ceipts, tax on dubbing of films and the limitation of program length. A central control olfice to collect all returns throughout the country has long been talked, particularly dur- ing the first Popular Front govern- ment under Leon Blum. The idea then was to take a small percentage of all receipts to subsidize the French industry. Even if that percentage is not included in the new bill it means the Americans will still have to deal through a state-controlled central office in conducting their business. A tax on the dubbing of films would hit the Yanks hardest. Since it has been necessary for all FrenCh- dubbed films to be dubbed in France the American have built their own dubbing business here. The limitation of program length is the shot to cut out double fea- tures. Yanks also get booted there, especially in the nabes and the provinces, where double feature pro- grams hit highest billing, with the second feature in many cases being American. A limitation would force operators to run shorts or docu- mentary films and cut out the second feature entirely. There was once talk of making documentary films a must for all programs, which would also cut out the second feature, but this idea seems to have been dropped for the meterage limitation. Finishing touches ' are now being put on the bill and Minister of Edu- cation Jean Zay is expected lo table it for discussion by the Chamber shortly. French Producers See American Market Waning for Their Pictures French Demands Foreign film distribs in the U.S. are concerned over insist- ence of numerous French pro- ducers' demands for $45,000 to $50,000 for their features. They point to the fact that original distribs of . 'Mayerling,' top French grosser to date, only paid around $17,000, Distribs in New York believe that $2,000 to $5,000 is plenty for French features, v;hich, they say,' was all that was asked a couple of years ago. Norman Rydge, G.U.T. Ckirman, To N. Y. Confab Sydney, March 7. .Norman Rydge, .chairman of Greater Union Theatres, has joined four other Australian picture men sailing on the Monterey tor the U. S. Party is due to reach the U. S. March 20. Rydge is making his first business visit to America. His purpose is to clinch product deals. On the same boat is Harry Hun- ter, Paramount manager for Aus- tralia; N. Bernard Freeman, Metro general manager in the same ter- ritory; Clay Hake, 20th-Fox repre- sentative in Aussie distribution, and Dan Carroll, manager of the Prince Edward theatre. Par showcase here. Carroll is also managing director for the Birch-Carroll circuit, Queens- land, so his visit to New York is believed to have some significance. It is generally known in trade cir- cles that Norman Rydge's visit to the U. S. is prompted by the so-called in- tolerable production situation for his circuit in Australia. Greater Union is only getting first call on product from Universal, Republic and Mono- gram, and occasionally from Par- amount. His circuit also, gets some Metro features, but seldom first choice, because M-G has six theatres of its own in Australia and is near- ing completion on a seventh in Ade- laide. Other major companies have pacts ■ to supply product to Hoyts' circuit. Present problem in New South Wales, biggest theatre state in Aus- tralia, is traced to the bitter fight waged by GUT against Hoyts for al- leged unfair domination of Austra- lian business by the latter and 20th- Fox. which has a workin."! a literally tore a sympathetic au- dience apart. She's on long, but wel- come, practically her entire routine being devoted to a song about pres- ent times being better than former years and entailing numerous) ex- pertly done satirical imitations. John and Ethel Barrymore, Cohan, Helen Hayes, Bea Lillie, Sarah Bern- hardt, Fannie Bricj and Will Rogers are included, and her cartwheels in- sure a smash click. Nolan Cravat is her piano accohip. Show's third standout, including Smith and Dale, immediately follows Miss Janis in the . personage of Johnny Barnes -(New Acts). He rates. as one of the top hoofers in the business. Fay, with Abel Baer at the piano, closes. For the finale whirl. Fay has a stripper on the stage and six stooses planted in the audience, in- cludmg Fred Hillebrand, as a heck- ler, and Harry Hines, once a stand- ard vaude single on his own. Plus Pedro and Luis, one of whom does tight- MUSIC HALL, N. Y. rope backwards iip to the balcony I m.c; th,e burdens tell both on himself and the audience. The latter isn't givon the chance at any time to for- get Fay's multiple importance and Fay is too busy protecting his invest- ment to be the flippant Fay this show requires and misses. Estimates place the show's first week's salary tiut at around $12,000. Plus this, Fay was plenty in the bag grlor to opening, for advertising, re- earsals and other production ex- penditures. That there was no stint- ing is evidenced by the nicely draped stage, there, being several tasteful eyes, side-pieces and drops. Chances of its getting back the in- vestment look slim. Opening night (3). the show ran an hour too long. Cutting should be simple. Spotting is poor, but that's something also easily fixed. But the Fay dilemma is quite acute. How to make him forget his investment is probably impossible but he can readily get booking and staging ad- vice, and he needs both. As for Miss LeGallienne's sketch, only an inter- mission, which follows her, could make a stage less inanimate. One of Fay's innovations is the complete absence of microphones. He got his answer quickly opening night from the balconyites, who kept calling for hiin to talk up, but instead Fay' asked the lower floor customers if they wouldn't prefer to see actors moving around unhamp- ered by the p.a. system. They could hear and naturally applauded In the affirmative, but the shelf seats will gather a lot of dust if Fay persists in' playing only to the top-price pews. „ . - The circusy George Harmeford . Family (5) tee off with their stand- ard equestrienne turn, but, except for the nostalgia it arouses, is hardly ft hurricane getaway before an adult audience, Irs corny; the comedy of Hanneford's tramp character may be okay in a sawdust setting, but in a Broadway theatre he might be bet- ter off doing his forte tricks straight, as, for instance, the other two men and good-looking girl. Mrs. Hanne- lord wields the whip. Here Fay puts in his first appear- ance. It's a sfieech about himself and his connections with the show. It's overlong, and only a first-night audience could have received it as kindly as (his one did. Then follows Glen Pope, magician, with more talk. He gabs about the stunts he has performed before European royalty and then* in order to demonstrate his pipe trick, walks down into the audi- ence and leaves the stage entirely empty. It gives the customers a chance to study the blue traveler, but doesn't help the entertainment pace. His subsequent cigaret and thimble sleicht-of-hand is good, as is the encore clothes-snatching bit with a femme assist. Pope is young and personable, but that audience stroll is a stage wait. Some comedy cross- fire with Fay at the bows is also a luU. Avis Andrews is a nice colored sineer, but her selection of songs, •with the exception of 'Begin the Be- guine,' could be better. She ap- § eared hand'>aor!r-i bv a cold at the rst show. Then Fay brings on four girls from the Chester Hale line for a debutante comedy routine, that misses fire, chief.y because the girls can't talk. It's an appropriate cue, however, for the first of the line's two routines in the show. This one is a neat top hat-tails prance on toes. In the second half they click with a fan routine do..e in black, svelte eve- nine gowns. Helen Leitche is the soloist, and excellent Show's first real comedy comes with Smith and Dale's familiar 'Dr, Kronkheit' bit, their trademark for. years and a never-failing howl. That the audience was starved for comedy may have been a factor -in S. & D. tieing up the show the way they did, biit the laugh response they achieved ■ "Was legitimately deserved. They give the show a definite lift, but the subsequent harmony singing of the Merry-Macs, a feature of Fred Allen's radio program, drops it right ■back into the trou.fh. Three Mc- Vichael brothers and Helen Carroll dispense a nice sSaning interlude and don't seem .to miss the mike for tone, but they are as stationary as if an amplifier was staring into their and then does a death-slide down. Rose Kessner, Corinne Doyle and Nino 'Verela. this closing act is a laugh riot that comes too late. A good part of the audience had al- ready walked by the time Fay trotted out ' in liis .tails, which fur- ther indicates how much cutting the show can take. In addition to the stooges in the finale portion, Fay has two audience stooge bits in the -first half of the show. They are reminiscent of those in Olsen and Johnson's 'Hellzapop- pin,' but not copies -'^ . plenty funny on their own. One is a photographic bit; in the other, a blonde becomes emotionally aroused when 'Waring, in flowery language, describes Fay s' love for her. Final impression of the show is that it may look better if the first half becomes the last half, and the latter took a trimming. That b.o. tap of $2.75 top also looks too high nowadays for a vaudeville show, es- pecially since legit managers now want to cut straight dramas down to S2.20 because of wanip" grosses. "The Palace theatre's top was $2i0, which is something Fay might also remem- ber. Also, those stooges in the audi- ence applaud and 'bravo' too loudly and long. Claques were passe long ago. Scho. APOLLO, N. Y. Sandy Bums, George Williams, George Wiltshire, Delores Brown, Jean Starr, Vivian Harris, Modene Jones, Al Cooper Band, Chuck & Chuckles, Buddy Saunders, Pegleg Bates; 'Gambling Ship' (U). This is another off week for the ApoUo. Since it's the colored name bands that primarily draw 'em to this Harlem house, the management has fallen short in picking a local crew, Al Cooper's Savoy Ballroom- ers, to head the show. Cooper's is the type of orchestra that's okay for sto'mpin' at the Savoy but as a stage unit it hasn't the qualifying earmarks. While the ag iregation is a possible draw for the Harlemites, there's the white audi- ence to be considered. The house draws a host of them, particularly Saturday nights, when upwards of 75% are whites. To this crowd the Cooper name means little. Manner of presentation is wanting this week, too. ' An m.c. seems to be the prime need since the turns are on and off without much pac- ing. Then again there's the matter of those grips: they can easily be seen by the audience as they ply their duties back of the band stand despite attempts to conceal them- selves. The house line is back after being off for one week. Modene Jones, girl contortionist, works hard but lacks, the pro touch. She's seem- ingly just a filler, which is poor booking, as . is . Buddy Saunders, white mandollnist-singer, who's ob- viously in a strange setting and doesn't hurdle the disadvantage. He's the only white act on the card. Chuck and Chuckles, the gaudily costumed tapsters, are smash, while little Jean Starr dances, and sings pleasantly. Cooper's band Is nine pieces on the stage, but when it plays for the first half of the bill, in the pit. It includes - three more men, as re ouired by the m'usicians' union. Cooper occupies an unobtrusive spot as one of the saxers on the stand Rudy Williams, unbilled saxer, gar- ners the gravy with his hot solo licks. For a headliner there's Pegleg Bates, the one-legged dancer, who is surprisingly agile despite the handicap. But the patter buildup to his dancing could best be eliminated, Delores- Brown, singer, opens slowly with her torchers but only when she swings out does she click. In opening sketches. George Wilt- shire. Sandy Burns, George' Williams and Vivian Harris borrow some stuff from burley, none too good, particu larly because of the indigo, and also because the material Is old. 'A Wedding Rhyme,' produced by Russell Markerl; M. H. Sjmph- di- rected by Erno Ropee,- Glee Club Bollef, Rockettes, Sara Ann McCabe, Dean Murphy & Ted Lester; 'Stage- coach' i.UA), reviewed in Variety, Feb. 8, '39. With cowboys 'n* Indians gallop- ing across the screen this sesh, the Music Hall, by way of contrast, turns to lavender and old lace for its stage show. Tagged 'A Wedding Rhyme,' the production is better suited to June balm than roughriders. Aside from the standard stage at- tractions, ballet, glee club and Rock- ettes, two acts have been inserted into the production. They are Dean Murphy, mimic, and Ted Lester, who pulls all sorts of musical instruments from his opera cape. and plays them. As usual at Radio City., the whole affair cries for a touch of comedy and the single standout is the sole routine by the Rockettes. Opener is Sara Ann McCabe, seat- ed in a boiidoir-like setting in a side niche, singing 'Something Old, Some- thing New, Something Borrowed, Something Blue'. She's a looker, has a nice voice and a good tune to sell. She introes the chorus in a scene tabbed 'Something Old'. Group is colorfully dressed in the manner of a past era and placed in an old- fashioned parlor. Open with 'AH Through the Night' and then, curi- ously enough, go into a version of 'Heigh-ho' from 'Snow 'White.' Tunes have some native portions that are similar, but the audience' can hardly be expected to appreciate that, and it's out of character.. Miss McCabe's boudoir is relighted while she sings 'Something New*. The ballet follows in a striking set- ting, but instead of going into the modern routine expected, they do a Javanese-like number to Oriental music. It's Miss McCabe again to keynote 'Something Borrowed'. The. tag s not bad here, because the borrower is Dean Murphy in imitations of film personalities. Murphy's an oke mimic and is aided considerably by the stills of the person he's working on shot on the backdrop, but he does all the standard carbons, and they are beginning to wear badly. 'Something Blue' brings Miss Mc- Cabe out of her cubby hole onto midstage. She's backed by the Glee Club, made up of 20 males in morn- ing clothes, in a reprise. Then they step back, the ballet comes out, and with them Ted Lester. Lester, who recently completed a tour with Ben- ny bavis' 'Stardust Revue,' has a smart turn. Garbed in tophat and evening clothes, he brings forth Addle, clarinet, saxophone, harmon- ica and a flock of other instruments, doing a short bit on each. The Rockettes follow in one of their swell precision turns. It easily scores the most audible click in the proceedings. Entire company ap- pears for the reprise finale. •The house 'was fairly well-filled opening night: beinc recognizable. It's great for the cats, but puzzling to the majority of the auditors. Hampton is spark plug of both trio and quartet, giving tlie beat and working hard on anlmatM improvising at both drums and vi- braphone. . _ , . Biz good at third show Friday, with standees in lobby. Kiley. EMBASSY, N. Y. (NEWSREELS) Outstanding subject of this week's bill is the new Pope. While the actual election and the current hap- penings in Vatican City could not be brought to New York in time for current showing, the newsreels have achieved a remarkably inclusive and cogent coverage via the libraries. Fox has . trotted out a variety of scenes of the Vatican and Rome dur- ing different ceremonies. Then a last-minute flash clip was added Thursday night (2), a few hours after the election of Cardinal Pa- celli. Shows the new Pontiff during his visit to the U. S. plus participa- tion in various rites in Rome. Much more alive than most such library revivals. Fox contributes a vivid clip of air raids in China, ishowing planes tak- ing off, then flying over and drop- ping their bombs. This series is highlighted by shots taken from the bombers themselves as they drop the missiles. Explosions below are dramatically caught Pathe clip deals with the Hines con- viction, showing the defendant leavv ing court after the verdict, but not affording much Of a look at him, and then a brief spiel by De.wey. Landing of the Clipper at Balti- more (Fox) after a trip from the Coast gives a fair idea of the ship's size, but would be much more ef- fective if a closeup were included to highlight the contrast between the giant ship and an ordinary plane. Paramount supplies a clip of scenes frorh the WPA 'Swing Mi- kado,' of timely interest. Same out- fit also offers a bit on the birthday of the tiny Italian prince, easily topping, the artificiality of most roy- alty scenes. Other better-than-average clips include an auto race on ice (Uni- versal), wreckage after a North Carolina tornado ' (Fox), smashed street car in Roxbury, Mass. (U); Glenn -Cunningham winning a 1,500- metre run (U), and Paramount and Pathe clips of the amateurs punch- ing each other in the Golden Gloves Ijoiits to increase newspaper circu- lation. - Most of the balance is the usual assortment of novelties and staged subjects. Hobe. STATE, N. Y. LYRIC, INDPLS. Indianapolis, March 4. ' Benny Goodman orch, Eunice Healy, Wolter Dore Wohl, Martha Ttlton, Lionel Hampton, Ziggy El man; 'Secret Service of the Air' (WB). It's strictly a session for the cats with Benny Goodman providing 59 minutes of solid sending on the stage. With the band divided into four trumpet four sax, two trombone and four-piece rhythm sections, accent is on rhythm from the start, and gates have audience swinging along with them all the way. During many of the tunes, band sticks to melody for chorus or so, then takes off into un- recognizable jam, getting back to melody once more for the finish, Those tunes which may be recog- nized from start to finish are liked best by the Ickeys in this town, but the jamming also seems to have its followers, with many of the jitter- bugs going out of this world during penprmance. Only two extra acts are present on stage, Eunice Healy doing a nifty tap routine in eye-filling costume shortly after opening, and Walter Dare Wahl, apjpearing in a two-man team of familiar aero comedy mix- ups. The rest of the time is given over to music, band opening with 'Hold Tight,' followed b.v Ziggy El- man, given the spot for some of the hottest trumpet playing heard in these parts on 'And the Angels Sing.' Elman is a standout . on the brass throughout Band hits a high spot on 'One. O'clock Jump,' followed by JMartha Tilton who sings 'Deep Pur- ple,' 'Cuckoo in the Clock,' and "Hurry Home,' effectively. Goodman takes off for a solo flight on 'Sing Sing Sing,' bringing cheers from the more rabid swing fans.. Lionel Hampton comes on to take over the skins, joining Jess Stacey at the mothbox, and Ooodman for some hot trio work o'- 'World Is Waiting for Sunrise,' following with 'Body and Soul.' Hampton then transfers to vibraphone, while drummer re- turns to make it a quartet' jamming out a strictly swii-t- tune. Encore with -Tlat Foot Floohte,' ■with 'Don' Be That Way' for. begoff. - Quartet work is strictly swlngaroo with only few bars of tunes played STATE-LAKE, CHI Chicago, March 4. Toy & Wing, Ed Ricfcert, Britt Wood, Peplto, Mitzi Green, Novak & Fay, Audrey Corley's Batoneers . (6) , Al Kvale orch; 'New York Sleeps' (20fh). House gives its customers plenty of bargain for their money, both in volume and in entertainment Head- lining the current bill is Mitzi Green, a grown-up performer who some- what unwisely is endeavoring to for- get the stuff that ma'de her a click when she was a youngster. She is splendid performer basically, which she proves with her comedy material and her clever impersona- tions of Fannie Brice, etc. But she does, not 'fit in with any straight warbling of such numbers as 'Get Out of Town'. Miss Green has a natural gift for comedy, and that should be the foundation of her routines. Toy and Wing, Chinese dance team, open cleanly and to the point. Make a fine appearance and clip through with a highly pleasing ballroom and hoofing routine. - Can play almost anywhere to guaranteed results. Ed Rickert brings back the shadowgraph to the variety stage, but his hand- shadow stuff is only so-so. Slow and skimpily routined. Act needs polish and considerable revamping. Through the years Britt Wood re- tains a great stage personality and a solid sense of showmanship. His talk is rather dated and could be brightened up considerably for pres^ ent-day usage; but the .harmonica playing is still surefire, as is Wood's shrewd handling of the audience. Had to encore and speech away. Also registering solidly is Pepito, the clown. Gives *em a smattering of everything . from acrobatics to juggling and vocalizing, mixed in with regulation clown comedy. Good variety stuff. Another click provided by Novak and Fay with their burlesque hand- to-hand work. Had the audience rolling and also had to -plead away. For the finale, six young Batoneers give a bit of sight flash, but mean nothing in entertainment on their baton-twirlers. Too much repetition and no sense of routine. It isn't an act but merely a little novelty stunt that , doesn't quite come off. Kvale continues as m.c, and man- ages to keep the audience well in hand, though he is beginning to stretch out. his announcements. Business flne at the supper show Friday (3). Gold. Milton Bcrle, Mary Jone Walsh. Five Jansleys, Joe Morrison, The Smart Set; 'The Shininig Hour* fM-G;. • Plenty of laugKs this week in the Loew top spot, Milton Berle being on hand again, and Friday night it seemed like he had his gang with him. Big house in tor the final stage show. There are comparatively few peo- ple' on the bill, for there is much of Berle during the 65 minutes. Per- haps the comic is workinjg more in- tensely ti-ying to forget, that five G's he dumped into 'Off to Buffalo,' a le- git show that stopped fast Anyhow he is recouping on the coin by this engagement - alone, and he made no mention of the flopperoo. Berle is using a trailer as m.c. for his emceeing. He goes into a lyric that might be called 'Roosevelt La Guardia and Me.' Part of the mel- ody is from 'Franklin D. Roosevelt Jones,' the standout number from Max Gordon's revue, 'Sing' Out the News,' the fall tenant at the Music Box. There is more from 'News', for on hand is Mary Jane Walsh '(New Acts) one of two warblers in the current Berle assemblage. Comic an- nounced Miss Walsh would sing the 'Jones' number, which he claimed she introduced in the legiter. That is incorrect 'Jones'. Jiavlng been a colored ensemble affair that high- lighted the show. . ■The Five Jan.sleys risley turn is made into one of the best laugh in- terludes of the Berle gang. The pedal acrobats have been going in for comedy for some time on night club floors and that element is as important as their feats, if not more so. Berle in playing stooge and clowning with the comparatively tiny toD-mounters, had the house bub- bling in good humor. Before Berle went into his get- away stuff he brought on Joe Mor- rison, young baritone, who clicked strongly. Lad started with 'Begin' and followed with 'Deep in a Dream,' flnlshing with his standard "The Last Roundup.' For an encore Morrison gives 'l Have Eyes,' the comic clown- ing throughout this time mostly leading the orchestra in the pit. Berle did not introduce the fir.<4 act apparently forgetting the bill- ing. Turn is the Srnart Set a double quartette of dancers, They start with an acrobatic waltz and finale with adagio. Routine is cut because of the show's running time. (which also ' is the reason for dropping Al Gor- don and his Rocketeers, dog act Gordon goes in tomorrow CThiirs- day) due to accident to act of Har- ris Twins and Loretta.) Berle leaves 'em laughing with a parodied medley and no mention of Hollywood. Ibce. KEITH'S, BOSTON Boston, Morch 2. The Smoothies (3), Hcnnon Hyde and Thelnia Lee, Don Rice, Four Novas, Saul Grauman Company (5), Eddig Rosentvald house orc/i; 'Spy Ring' (Col) and 'Silver on SagcT (Par). One of the best stage shows here this season brings in a quota of good comedy, hoofing, and action. Fea- tured act Is the Smoothies, talented . swing trio that socks with swell ar- rangements af such pops as 'Um- brella Man,' 'Cowhand,' 'F.D.R. Jones' and 'Hold Tight.' 'Jones' is a' good encore, but 'Tight' sounded lilte their best offering, when caught Two boys and a gal sell their stuff solidly. Herman Hyde, an old fave around here, is currently working with Thelma Lee, who replaces Sally Burrill (his wife and regular part- ner), very capably. In addition to some of the familiar dizzy musical instruments displayed here on previr ous occasions, Hyde brings in a very seedy harp, with loose strings, a stuffed squirrel, and a mess of stuff hidden in the butt end of the thing. Another new fillip to the Hyde act is a gag of raising his partner's skirt - by a hidden string, and^ another one on his own pants. . Saul Grauman's 'musical Staira- tone' provides a good flash finish for this show. After some preliminary tapping by the four girls (and a sen- sational aero specialty by triple- jointed Betty Jane Walters), Grau- man and his partners tap up and down a musical staircase, punctu- ating the orchestral .background with single notes and chords from an electrical bell-ringing device atop the stairs. - Good novelty. Four Novas, differing from other teeter board acts in that it has three women and one man. open the bill with some gasp-getting dives and somersaults, One of the women acts as groundman, and added interest is found In the fact that one of the top girls is quite tall. Don Rice, in his single turn, un- corks some oft-heard gags, and good impersonations of Roosevelt _ and Mussolini; but as an m.c. he misses. Criticizing a morning audience for being cold, during most of h'S in- troductions, became tiresome. Fox. Wednesday, March 8, 1939 VARIETY HOUSE REVIEWS VARIETY 27 STRAND, N. Y. Will Osborne orch (17), Li/jin Davis, Dick Rogers, Milt Herth Trio, Gloria Rich, Sheila Barret;, 'Yes, My Darling Danghier' (WB). Combination of Osborne and the rest of this bill is one of ttie best the Strand has offered since bring- ing on the stage policy. Hoiise'i booker has lined up a tight, swiftly paced hour that almost never lets up in entertainment qualities. Cojn- bincd with the much discussed 'Darling Daughter,' it should acquit itstlt plentifully. Osborne aggi'cgation hasn't exact- ly been overlooked in the band sweepstakes; but heretofore quite a bit of the prestige it enjoyed was. based on the leader's vocal ability. Here it's reversed, with the stick- swisher condning him.xclf to two Humoresque,' but get down to busi- ness on 'Getting Sentimental Over You' and 'Serenade.' Had to beg off. . iriame scarf dance by Roxyettes, HIPP, BALTO Ba(ti7nore, March 4. . ^ ^ , Vincent Lopci orcJi (14), Abbott featuring Joan Wells, line captain, os Costello, Pntricia Ellis. Betty Hut- Berdi Shaw, Norma Duss and Aileen Jordan, clicked, with variegated lighting rating an extra mention. Done to 'Night and Day* and effec- tive. toil, Danny Graysori, Nick Plsani, Dick Wharton, Johnny Morris; 'Beawtv /or tfie Asking' (RKO). One of best stage lineups here In weelts, Vincent Lopez Is back asain , with a supporting combb of 14, plus such interpolated specialties as Ab- bott and Costello, Patricia . Ellis, Betty 1-Iutton and Danny Grayson, nings the bell in lusty style with . . . , ■ «... ! h.b. response equally satisfactory. iJ^^L^? ^}Z'^>Jf?^ii1^ ^^0"''^^ ' Vet bandsman has taken on a bit of a brighter stage. pTesen9e and Kay Hamilton, swing singer, also scores. Femme, peppery and per- sonable,' sings 'Jeepisrs Creepers,' '01 Man River,^ and 'Hold Tight* and returns to encore with 'Old Man Mose.' rack* 'Jeepers C.jepers,' with Arm- strong vocalizing and trumpeting, "Sksleton in the Closet' and 'Ti'jer Itcg.' In the latter number the band's instrumentalists are ..spoiisd. ■ Eefc. Barr and Virginia Estes in a song and dance turn. Man works in one to do his stilT legged comic dance, and IS joined by femme, attired in nashy green silk flowing dress for more dancing.. She taps and then joins partner in a comedy tanso, into quick tonsil tries, one talk-sin;; I which is worked a deal of funny styled, and allowing the; band to busine.ss. Over solidly, ' prove itself among the best of the outfits which lend themselves well to stngc presentations. Screwball informality, led by the deadpan humot' and comical herd' rldlni; over . the . antics of the band by Osborne, coupled with an excel- lent femme vocalist and punchy pi- anist Dick Rogers, pyramid giggle upon giggle. Band lacks little in- strumentally, but not much can be said about that phase as it gets little opportunity for legit sending. How. ever, in one or two of the early . numbers, the drums overshadow rest of crew. Osborne features a 'slide trombone' technique that's different but not sufficiently so to label it a very distinctive style: Uses minia ture trombones built like trumpets occasionally to further the 'glisten.* Lynn Davis handles the vocals end is across in two numbers which earn her a response seldom accorded band .vocalists. Does the current 'My Heart Belongs to Daddy' and 'Devil and Deep Blue Sea.' She's an asset to the crew not only from ' the tune delivery angle, but also from appearance. Osborne waits until late to spring Dick Rogers on ah unsuspecting house. He bangs a second piano. Whether he's in for his pianology or comedy isn't apparent, but he sells his whacky bits in a manner that stops the show. Starts off slowly with a vocal of 'Hold Tight' and has customers In a prolonged laugh state before capping with 'Dinah,' deliv- ered in various accents. His exub- erance helps plenty. ' Milt Herth Trio . clicks big and is a standout contribution. Herth and his electric organ come up out of the pit while the drum and piano come out of the wings, all situated to the left of the stage. Not as ad vantagcous as center, but necessary here. Herth's a master . of the in. strument, his intentionally spotlight, ed work on the pedal keys being instantly appreciated. Dick Rtdgely on the drums and. Frank Froeba at piano stand out in breaks, and com- bined three are a plenty rhythmic combo. Sheila Barrett also goes big once she gets past her 'Goody Goody* number. Latter is tepid, and could be forgotten without much efforts Impression of a southern belle in a Florida nitery acquiring a slow jag, dropping down the scale froiii mar- tini to corn likker- is funny, but that Is in turn topped by an alternated Impression of W. C. Fields and Fan- nie Brice doing imaginary scenes as Rhett Butler and Scarlett O'Hara respectively. Gels her off to a salvo. Osborne fades the hour with his at times too vindictive imitations of other bands. One is Shep Fields (not jiamed) and his 'Cripply Rhythm.* Too shat-p. Guy Lombardo and Clyde McCoy bits arc well done. Bit is reminiscent of Milt Britton style of skullduggery without break- age, crew members arguing and slapping each other. changed his previous tradcmarked style of sweet stuff, to a lilting, nicer ly controlled swing. (Justomers here seemed to like it better> Handling announcements as well as the baton, Lopez takes his crew through a bright . opening . number ! nnd follows with an original, 'Sv/ing. Finale is Frankie number by ' mg With the Goon."!.' in which Johh- Rojjyettcs. a rliylhm tap bv girls in j ny Morris, peppery drummer, hits morning attire and formal male nicely done. Biz at opsner Sunday was off, no doubt, to spring weather outdoors and Lent, since this show stacks up well alongside of others that have packed 'em into this house. . . . Luce. STANLEY, PITT PittsbwToh, March 3. Artie Sl\aw orch (15), Robert Wtl- liduis Sc Red Dust, Craig & Ricliards, Helen Forrest, Tony Pastor; 'Paris Honci/iiioon' (Par). ROXY, ATLANTA Atlanta, March 5. Cae Foster house line (16), Fox Harris, Don Francisco, Ward & Van, Ray Hamilton, Barr & Estes, Mike Segal's house band (11) ; 'A Man to Remember" ^^RKO). There's plenty of talent In this show, standard acts being worked into three exceptionally well done rotitines by.Roxyeltes for a show that moves swiftly through its 50 minutes, including overture of love songs by house band, featuring sing- ing of 'Without a Song,' by masked usher, Fox Harris. ■ • Roxyettes get things going with a lunchbox number done to 'Where Do You Worka, John.' Fcmmes are garbed in flashy overalls and there's scaffolding on stage, girls doing a lot of hammering and sawing during routine. Stage is all set for Dan Francisco's tight- wire act and girls pose as he stumbles' down stairs to do his turn. Wire-walker does eight minutes, never leaving wire, to line results. Tony Ward, harpist, and Angelo Van, violinist, follow with their comedy and music. They clown through 'A Tisket, A-Taskef ' and Artie Shaw's the Cinderella man in the band biz so far as Pittsburgh is concerned. Summer before last, he launched his present band here at Willows, one of the town's rank- ing warm-weather spots. Got over just so-so, dance mob complaining arrangements were too brassy. To- day they're swooning in the aisles at the same type of music, proving what a rep will do. True, there's been some improve- ment since the Willows episode in the outfit, but now, just as then, chief feature is Shaw himself with that blazing clarinet. That's something Shaw's always had, only he's capital- izing on if more. ' Too much, it seems, occasionally. He*s doing those sizzling hallelujahs and molten hosannahs practically every number throughout the hour session. Better showmanship would be to give 'em less and make 'em 'want more. It should be. a b.o. panic ait the Stanley this week. First time in al- most a year the management thought it necessary to stick in five shows opening day. This foi^esight was vindicated when the ropes were up for noon opener. House stuck in a neat screen assist,, too, in 'Paris Honeymoon',. (Par); figuring Bing Crosby would hold up the night biz when jitterbugs go mto temporary retirement. Opening afternoon the swing salaamers were going through the eenie-meenie-mlnie-mo of ecstasy, rocking the balcony and yelling so wildly Shaw*s announcements as m.c. fell on deaf ears. Didn*t faze him in the least, however, and he kept the show goin^ at a dizzy clip just the same, shooting directly, from one number to another aiid cutting right into the middle of the palm- pounding. Good thing, too, for had he hesitated a moment, Shaw would have been lost and layout would have consumed at least time and a half. Shaw's crew Is one of the hardest- working around. Boys don*t let up for a moment, no doubt taking their cue from Shaw, wh'o*s a trojan for lip-work. Vocals are handled by Helen For- rest and saxist, Tony Pastor, latter socko with his yeah-man version of 'Indian I,ove Call.' " It's one of Shaw's best recordings and crowd apparently knew it, for the first bars had the day-time payees in a dither. Miss Forrest only fair on the bipes. but Shaw helps her over with his clarinet interpolations during gars three - numbers, 'Deep Purple," 'I Cried for You" and 'Old Folks.' Layout also carries twp acts. First is Craig and Richards, couple of hoofers with more energy than tal- ent. First routine's ' supposed to be a fast tap, but clicks against the hardwood are drowned out by the brass. Shag encore just average. Other turn is Robert Williams, with the dog. Red Dust. Over big: Wil- liams seems to be working a little too hard on his own. however, for laughs these days, and might relax just a bit. For finale, Shaw .and the drummer team up for a two-man jam session with an international medley, ring- ing the bell all the way on an eight- minute marathon. Arrangements are scored smartly witlj an eye to Shaw's own clarinet wizardry, with that socko 'Begin* still leading the field by a wide margin. Stanley*s turning 'em ovei fast; giving "em only Shaw, the pic, an abbreviated newsreel and the trailer on Benny Goodman, who follows his swing rival. Applause for the Good- man announcement heavy, proving swing clan is obviously legion. Cohen. rome heated licks. Pace holds v/ith Donny Grayson, youthful hooter, v/ho handle.- his dogs Icgitimhtely and works for good comedy e.lect. Lad. has a pleasing way and sells his eccentric tappery to the hilt. Nice spot for Patricia. Ellis, mak- ing , a p.a. after a stretch in pictures. Hr.ndlcs series of vocals in nice style and utilizes her looks to ad- vantage. Another original by band, 'Napo- leon Bonaparte," employs all solo chairs and gets into the groove. Wisely selected change of pace of- fers a nlea.iiantly blended medley of 'Deep Purple," with Nick Pisani han- dling a nice fiddle;. 'Beautiful Baby' and "Thanks For jEverything' with Dick Wharton butting down the gui- tar for a pleasing vocal. Abbott and Costello, standards here, whip out a bagful of laughs with their well-timed routine of gags, to tie matters up with a beg off speech. Comics have taken on considerable stature since their first appearance here some years back, which attracted radio attention and subsequent step-up to important recognition, . Would make hard spot t/> follow, ordinarily, but Lopez wisely takes hold with bis session at the ivories, solid throughout. Betty Hutton, blond swingeroo of the band, follows with hectic rendi- tion of 'Old Man Mose' and 'Hold Tight," giving the jitterbugs present a Roman holiday and herself a stren- uous workout. Biz on show caught (Saturday) very big. Burm. STATE, HARTFORD Hartford, March 5. Bill Robinson. Louis Armstrong orch, Midge Williams, Sunny Woods, 'Spoons' Broum, Tim & Freddie, Sam Kaplan house band; 'Sky Pirate" (Mono). Put two and two together and you get four. Put Bill Robinson and the Louis Armstrong unit on the same bill and you get a bell ringer. That"s why the customers have been filing in at the State this week. Show opened Wednesday (1) with the largest number of payees in attend- ance at that house in recent years for an opening day. Continued strong throughout the week ending tonight (Sunday) with a gross of $12,150 for the five days which is a runner up to the house record set by Kay Kyser last month. The di- vertissement is solid and 'well paced. Tee-off is the Armstrong unit (14) swinging out in several of their best recordings.. Stick swisher makes his appearance after the band has prac- tically completed one number. - Armstrong doesn't depend entire- ly on the auditory responses to his torrid truinpeting to make the pa- trons believe that he is still master of that instrument He goes in for the visual also, notably with a white backdrop showing a huge trumpet over which is a crown. First specialty is 'Spoons' Brown, who does nicely with .a pair of spoons with which he simulates tap- dancing effects. Midge Williams, Armstrongs', songster, spotted next. Sells herself with 'What Have You Got That Ciets Me," 'Heart Belongs to Daddy* and' 'I Cried for You.' Tim and Freddie, attired in. yellow and green suits and wearing red shoes, whack out solidly with, com- edy tap dancing. Duo starts out with patter and ends up with challenge work. Next is Sonny Woods, band's Qt^ier chirper, registers with 'Get Out of Town,* and a medley of 'My Own* and 'You're My Everything.' Robinson in the next to closing spot has everything under control with his gags and terping. Former have been heard before, but s(ill reg- ister. He opens with a soft shoe number ar 1. then follows with his usual rou- tine. Demonstrates that he is still ai agile as ever, despite bis advanc- ing years. On Tuesday and Friday shows he was forced to delete stren- uous parts of his routine because he had hurt his recently operated on knee after an attempted attack on him Wednesday (story elsewhere). Band Is in the groove with 'Shad- RIVERA, B'KLYN Leaciit & Lockwood: Kirk & Law- rence, .Jean Arnold. Evelyn Wilson, Dave Schooler & Swinghearts (16): 'Female Fugitive' (Mo?io), Vaudeville in the raw and along lines of a bygone day, though in somef respects a little smalltime; makes up an hour's show here this week, with Dave Schooler and his girl band, billed as Swinghearts, featured. The house, a good -sized nabe, was formerly a link in the eld Keith vaude chain.- It is now attempt- ing to keep the citizens in its im- incdbte midst from going elsewhere by IcEoping to a 40c top. At this price, even if the shows cannot com- naro with those at the. dov.'.ntown Procdway stands, the policy has a chance. Coming In with his band this week, Schooler replaces the regular house orchestra. He has 16 girls in his outfit, but the drop that's be- hind them looks like a spectre from the past. It is a sky and moon drop, the cheapness of which detracts from the otherwise okay appearance. Schooler's girls may have to go a way yet to become seasoned— some of the orchestrating leaves much to be desired— but they look well on the stage. Musical aggregation opens in a rather clumsily-played niimber, fol- lowed by Jean Arnold (New Acts), who is announced as coming from the air. She does two songs at this point returning for another later on. Another band number, well , lit in which the girls sing with Schooler, precedes the Kirk and Lawrence act. This turn, together -with Leavitt and Lockwood, Schooler himself and Evelyn Wilson, all impart a tang of the vaude fiavor of - another day. . It is a welcome tang. Doug Leavitt and Ruth Lockwood, assisted by Bert Raybum, in particular, are very much the oldtime vaude'ville. Miss Wilson, doing a singing and gagging stew, is also a pleasing re- Oet from the more modern type of entertainment She has long been a very engaging drunk turn. The Kirk-Lawrence combination, with prop horses, deverly producing the effect of being on horseback, is a novelty that becomes somewhat dimmed through the poor material employed, the horn-tooting, etc. Schooler plays Second Hungarian Rhapsody at the piano about mid- way, but what his girl musicians do to the classic, in coming, in for por- tions, is a pity. Enchanted forest number by the band is its best wh'le another along novelty lines, that gets good results is the arrangement un- der which seven different pop num- bers are blended. Char, FOLIE 39, PARIS Paris, Feb. 26. Permane Cousins, Sandro. Carre^ ras, Hc-iirlette Dslannoy, Henri Luap, GlTIS. i i AUDITORIUM, FRISCO (GOLDEN GATE EXPOSmON) San Froncisco, March 3, Eddie Cantor's 'Camel Caravan Rewte," ;Ann Miller, Burt Porfcs, Bert Gordon, Kay St. Germain, Sidney Fields, Edj^ar Fairchild and Adam CarrollT Fanchon and Marco Girls, Walt Roesner's California Audito- rium orchestro. First of the name attractions to play on Treasure Island at the Fair here, Eddie Cantor is filling a week"s engagement in this 3,200-seat audi- torium, the only fully equipped the- atre on the grounds. The comedian brings with him the cast of his radio program, plus several additions, do- ing four shows a day, with five on Saturday and Sunday. Each per- formance runs about 75 minutes. With the house scaled at 25, SO and 75 cents, box office take on the open- ing day (Friday ) was around $3,000, less than anticipated. However, the show clicked solidly with the audU ence and is expected to build dur- ing the rest of the week"s run. Opening by Roesner*s musicians consists of a medley of tunes from Cantor shows, followed by a well- executed can-can dance by a line of 16 good-looking -.girls in pink and black costumes. Cantor dishes out his usual type of comic chatter, although some of his gags about Rudy Vallee, whom he describes as one of hisibest friends, seem in poor taste. He includes a couple of his inevitable Hitler jokes, sings several ditties, does a turn in a Shirley Temple ■ costume-r-blond curls and all — which he revives from' a previous stage act, and winds up with a burst of patriotic fervor such as Cantor audiences have come to expect He's heckled by Sidney Fields as 'Mr. Guffey,* a dead-paii cynic who evokes generous laughs, and tops the show's comedy with a rib-tickling dialogue with Bert Gor- don, the 'Mad Ru.ssian," whose dialect is familiar to Cantor radio audi- ences. Burt Parks displays a good com- edy sense in hie banter with Can- tor, and a pleasant voice and ex- cellent singing style in a solo num- ber and a duet with Kay St. Ger- main. Miss St Germains featured tune is 'Jeepers Creepers,^ which she puts over in topnotch fashion. Her (Continued on page 62) 'A spectacle only, Foli: 39 will last on.iy L'.; Ji.ns as the novelty laiJts un- j I'.j-; simo rssl talent is shoved in .a sr.ve tn o.'n.nir.-y show. Low flat price of 23 cents for afterhoons and 35 cents for evenings can be - de- ncndcd on alone to save this spot. l=or the 450 seating capacity won't i/.x'.wi tlie r.ullsy unlc.s-j continually packed. This possibility is ruled ouE by the S3-30 offering. Credit must be given Alexandre Gay, operator of spot however, for \ys .itlempt in ihc face .of tha talent available. Bringing a continuous shcv/ to the boulevards is com- mendable. Paris cau'd stsnd a show of this typo if talented and geared covoo'iy. Po iv.;;iie Cousins, Continental act, is fi-itured in two spots. Mediocre clownin.'- with r.ome balancing that dc.i.H not bilPRcc, dIus some old gags. S.-'.Pdro Cavrcras is a local songster wha has a fair voice but can't sell', it to tlic atidience. Henrletto Delon- noy, blonde v/arbler, is on the same nl:>ne, although .<;ho does better than Cnr.'cras. Hr.s better voice in com- oaris.in and accordingly, gleans better. Bright spot is provided by the newcomer Henri Luap, who will go places if correctly handled. Of typi- cal Fr?nch music hall vintage, ne writes his own stuff, which includes some fair gauild that needed love, interest Miss Rob- erts, on - her end, works hard, but gels nowhere without the right kind of help. Kolb looks the part he plays and gives a good, well-re- strained portrayal. While some of the supporting cast is standout for its' bad work, real shiner in the whole troupe is Horace MacMahon as one of the pals given a job. With his mug good for a laugh, from the start, he exhibs quality in both comedy and. the heavier business for which he is sometimes called. With prison pics in vogue now, title should not be confused with Mono's 'I Am a Criminal! and other 'convict' flicks recently released. NORTH OF SHANGHAI ' r'olumbin prbilucdnn nnt) relohsf. Fen- lny by Maurice KapC nnil 1Lhi*o1«I Iluch- nmn: cninorn, Pran« Planer; etIUor, Al Clark. At Stranti, Rrooklyn. dual, week o( March S, Ml). Running time: 5V MINK. .leil Howard.... > ...Jamiu Orali; Helen Warner.'. Belly Fumcss Jimmy Dlley Keyc Luke )ln(t I,alrd... MurKan Conway chandler Joseph nnnnlng Howley..... nuiia«ll Hicks Sue. .DuinUiy OuDlvcc aihiK .Honorable Wu Advance Production Chart Hollytuood, f eb. 28. Studios ore cuTTentZ« hitting 9 record stride /or this time of the year, with 49 pictures facing the cameras, as of Feb. 24. Plants howe jiassei the half-way mark in delivering product for 1938-39 A fair-to-middlin' story is evolved from the current Sino-Jap fracas. Pictures Betty Furness as an ace re- porter in a - somewhat trite news- paper angle, while James Craig is. a newsreel cameraman covering the front It's for the duals. Tale is held back a bit by the un- easiness of Craig, a comparative newcomer. He's an in-and-outer in this, at times being very convincing, and others going , to tlie opposite ex- treme. Miss Furness proves capable, as does Keye Luke in a straight role at odds with his past comedy parts in the Charlie Chan series. Direction consumes plenty footage getting to the point— the. discovery and uncovering of a gang of spies working hand in hand with the head of 'the shanghai of Ace .of Miss Fur- ness' paper. Forced lo grab a vaca- tion following threats aimed at her fqr breaking an important scandal, she and Craig, meet on a boat headed for China. Story slips here in in- ferring that Craig is headed for the war zone, yet it isn't- till- the. boat hears it's destination that news of . hostilities comes. . Unaware of her newspaper affiliation, he wants to ship her home, but she accepts an assignment to cover the fracas. They combine with Luke, also a cameraman; and secret police to crack the spy ring. In the proceed- ings, Luke is killed. Film includes many excellent newsreel shots of air raids, hand-to- hand fighting and other aspects of the actual fracas now going on in the Far East But the- yarn holds too many implausible angles. The entire basis of the story is at odds with the- respective trades of the two leads. Camera work is good. THUNDERING WEST Columlila Plcturea pruduclltm and releaKC. .Slnm Charles SInrrett. DIrecteil by .Sam Nelxon: ' lici-eenplny. Itennell 11.. Cohen: camera. Tr - • f William Ludwig: photographed by Leslie White. Cast: Lewis Stoitj^i Micke^f Rooney, Cecilia Parker, Fay Holden, Sara Haden, Ann Rutherford,' Virginia Grey, Mathilda and Charles Smith. ^ •SERGEANT MADDEN,' produced by J. Walter Ruben; directed by Jdsf von Sternberg; based on a story by William A. UUman, Jr.; photograph^;'! by John Seitz. Cast: Wallace Beery, Alan Curtis, Tom Brown, LarraiiQj.: Johnson, Marion Martin. 'I TAKE THIS WOMAN,' formerly titled. 'NEW YORK CINDERELLAi":: produced by La-wrence Wcingarten; directed by Frank Borzage; origini^.r story by Charles MacArthur; photographed ' by Charles Lawton. - Ca^-.. Spencer Tracy, Hedy LaMarr, Walter Pidgeon, Thurston Hall, Carlos Va|i^: dez, Leonard Penn; Ina Claire, Marjorie Main, Louis Calhevn, Lana Turne;.', Mona Barrte, Willie Best Dwight Frye, Jack Carssn, Frank Puglia, 'Adr|'i: enne Ames. J'{ Metro Pix Now in Production \,' •THE WIZARD OF OZ' (Technicolor), produced by Mervyn LeRoS f directed by Victor' Fleming; bassd on story by Franit L. Bnum; photS:;^ graphed by Harold Rosson; for Technicoloi:. Allan Dazey. Cast: Fraoj^ Morgan Judy Garland, Ray B(il;>.?r. Bcrl Lrhr. .lack Haley, CharleFii Grapewin, BiUie Burke, Margaret Hamilton. Pat Walsh. ^^i •TARZAN IN EXILE,' produced by Sam Zimbalist; directed by Richai^S Thorpe; based on characters created by Edgar Rice Burroughs; photrfft graphed by Leonard Smith. Cast: Johnny Wcissmuller, Maureen OSulla| van, Henry Stephenson, Kenneth Hunter, Henry Wilcoxon, Frieda Inescorj^ Uriah Banks, John Sheffield. •GONE WITH THE WIND' (Technicolor), produced by David O. SeVU nick; directed by Victor Fleming, replacing George Cukor; screen play bm Sidney Howard and Oliver H. P. Garret from nov'sl by Margaret MitchelJ]|i photographed by Lee Garmes. Cast: Clark Gable, Vivien Leigh, Lesligfj Howard, Olivia de Haviland, Barbara O'Neil; Laura Hope Crews, Har McDaniel, Oscar Polk. Butterfly McQueen, Everett Brown. •CALLING DR. KILDARE,' produced by Lou Ostrow; directed by HarolB S. Bucquet; based on the Max Brand stories; photographed by Les Whltrf| Cast: liCw Ayres, Lionel Barrymore, Lynne Carver, Nat Pendleton, Samur» S. Hinds, Emma Dunn, Marie Blake. Lana Turner, Laralne Johnson. CUntoi; Rosemond, Bobs Watson, Alma Kruger, Rinie Riano, Walter Kingsforc^i Donald Barry. , Sm •PENTHOUSE,' produced by John W. Considine, Jr.; directed by Edwl;;;' L. Marin; no writing credits released; photographed by George Eolsejji.- Cast: Virginia Bruce, Walter Pidgeon, Leo Garrlllo, Lee Bowman. FranceL; Mercer, Edward Brophy. Tom Kennedy, Herbert Mundin, Paul GuilfoyW^^ Prank M. Thomas, Ian Wolfe, Clarence Kolb, Ann Morrlss, Eduardo CiarS- •nelli. „ 5t 'LUCKY NIGHT,' produced by Louis D. Lighten; directed by NormM. Taiirog; screen play by Vincent Lawrence and Grover Jones; primal b;!;; Oliver Claxton; photographed by Ray June. Cast: Myrna Loy,~R}berB< Taylor, Douglas Fowley, Berhadene Hayes, Bernard Nedell, Gladys Blaketj Charles Lane, Henry O'Neill. „ , „ , * j v„ ell 'THE KID FROM TEXAS,' produced by Edgar Selwyn; directed by E Sylva.i Simon; no writing credits released; photographed by Sid Wagnei Cast: Dennis O'Keefe, Florence Rice, Jessie Ralph, Anthony Allen, Budd; Ebsen, Rita Johnson, TuUy Marshall, J. M. Kerrigan Cast- Dennis O'Keefe, Florence Rice, Jessie Ralph, Anthony Allen, Budd; \ Ebsen, Rita Johnson, TuUy Marshall, J. M. Kerrigan. w,„„ ' •MAIDEN VOYAGE,' produced by Edgar Selwyn; directed by WilUan ; Thiele; original story by Godfried Reinhardt and Virginia FauUqiei i photographed by Clyde de Vinna. Cast: Robert Young, Anna^tV^®,- ^g^lw ) Connolly. Billie Burke, Samuel S. Hinds. Reguiald Owen. Virg nla Fldd Arthur Treacher, Charles Judells, Felix Bressart, Mary Beth Hughes, Al ' bert Morin, Roy Atwell, Renie Riano. . j v„ n,,,*^, •WITHIN THE LAW,' produced by Loe Ostrow; directed by <3ustai Macl aty- from play by Bayard VeUlw; photographed by George Lawton Cast: Ruth Hu«ey. John King. William Gargan Paul Kcl-'- Tom Nea Rite Johnson, Samuel S. Hinds, Paul Cavanagh, Lynne Carver, Jame: ^ "re's A WONDe'r^Il- WORLD,' produced by Louis D Li^^^^^^^^ bv W S Van Dyke; no writing credits released; photographed by OUve) Marsh Cast Claudette Colbert: James Stewart Nat Pendleton, Edgar Ken. nedv Guv Kibbee Frances Drake, Ernest Truex. , , x « '100 TO ONF SHO'T/ produced by Edward Chodorov; directed by Le.sU. FeitSn! no writing credUs released; photo.?raDhed by Jo^^h Rutten^g cr>«. Donald GaUaher, Mary Roland ErSIt Jfer^'ii.]^?te »uyji;!L''l»?J?'«y. Edward McW^de, Julius T^aT production; directed. by Paul Chief ThundeVdoSdr PrertonF rste^. gh^ ain'^n"^^^ RKO-Radio Reelect Mono Slate; ' Johnston and Dnnlap f Reject Salary TK «r!5^i?'^°n ^Zl^l DESERT,' produced by Harry Sherman; associate producer, J. D. Trop; directed by Leslie Selander; screen play by Norman Houston; additional dialog by Harrison Jacobs from original story by Zane Grey; photographed by. Russell Harlan, Cast: Donlld Woods, Robert Barrat, Evelyn Venable, C. Henry Gordon, Sidney Toler. RusseU Hayden, Paul Guilfoyle, Paul Fix. Willard Robertson, Reginald Barlow, J. 'Skins' Miller. 'HOTEL IMPEEIAL,' directed by Robert Florey; screen play by Gilbert Gabriel and Robert Thoeren; based on a play by Lajos Biro; photographed by William Mellor. Cast: Isa Miranda, Ray Milland, Reginald Owen, Gene Lockhart, J. Carrol Naish, Curt Bois. Michel Werboff, Henry Victor. Spen- cer Charters, Bodll Rosing, Betty Compson. (Wolfgang Zilzer. Egon Brecher. Bert Roach. Augustino Borgato. Paul EvCrtbn. George Magrill, Lee Shum- way, Davison Clark, Harry Tenbrook. Paul Kruger. Don Cossack Chorus, Robert Middlemass, Ernst Verebes, Albert Dekker. William Bakewell, Nor- man Phillips, Robert Frazer, Sheila Darcy, Norah Gale, Paula de Cardo. Judith King, Russell Hicks, George MacQuarrie^ Arthur Cernitz, General Savitsky, Joseph Marievsky, Andre Marsaudon, F. Schumann-Heink, Bull Anderson, Marek Windheiiji, Gustav Von Seyltertitz, Harry Holman. 'GRAND JUBT SECRETS,' produced by Sam Engel; directed by James Hogan; screen play by Irving Reis and Robert Yost; based on a story by Irving Reis and Maxwell Shane; photographed by Harry Fischbeck. Cast: John Howard, William Frawley, Gail Patrick, Jane Darwell, Porter Hall, Harvey Stephens, John Hartley, Morgan Conway, Elisha Cook, Jr.. Jack Norton, Richard Denning, Gordon Jones, Charles Jackson, Kitty Kelly, Tom Kennedy. HflDNIOHT/ produced by Arthur Hornblow; directed by Mitchell Lelsen; screen play by Charles Brackett and Billy Wilder; based on story by Edwin Justus Mayer and Franz Schuiz; photographed by Charles Lang. Cast- Claudette Colbert, Don Ameche, Francis Lederer, John Barrymore, Mary Astor, Elaine Barry, Hedda Hopper, Lionel Pape, Eugene Borden, Paul Bryor, Ferdinand Munier, Leonard Sues, Elspeth Dudgeon, Helen St Rayer, Eddy Conrad, William Eddritt, Billy Daniels. Wi FROM MISS01IBI,' produced by Paul Jones: directed by Theodore Reed; no writing credits released; photographed by Merritt Gerstad. Cast: Bob Bums, Gladys George, Judltti Barrett, William Henry, E. E, Clive, Doris Lloyd, Patricia Morison, Gene Lockhart, Lawrence Grossmith, Ernest Cossart, Dennie Moore, Tom Dugan, Ethel Griflies, James Burke, Spencer Charters, Raymond Hatton, Eddie Waller, Charles Halton, Richard Den- ning, Clarence Wilson, Morgan Banks, Harry Tenbrook, Frank Hammond, Martin Faust, Russ Powell, Harry Meyer, Lee Shumway, Carl Harbaugh, C. L. Sherwood, Phillip Morris, George P. Huntiey, PhiUip Warren, Billy Cook, Winifred Harris. Kenneth Hunter. 'FEDERAL OFFENSE,' produced by Edward T, Lowe; directed by Louis King; screen play by Horace McCoy and William R, Lipman from J. Ed- gar Hoover's 'Persons in Hiding'; photographed -by William Mellor. Cast: Lloyd Nolan. J. Carrol Naish. Shirley Logan, Heather Angel, Broderlck Crawford. Robert Wilcox, Richard Carle. SUnley Price, John Eldredge, George Meeker, Raymond Hatton, Philip Warren, Paul Fix, Richard Den- ning, Abner Biberman, Roy Gordon, Clem Bevans. Clarence Wilson, Monte " Blue, Grace Hayle, George Irving, Fern Emmett, Ottola Nesmith, Ivan Miller, Galan Gait John Maurice Sullivan. 'THE LADY'S FROM KENTUCKY,' produced by Jefl Lazarus; directed bv Al Hall; no writing credits released; photographed by Theodor Spark- uhl. Cast: George Raft, Ellen Drew, Hugh Herbert ZaSu Pitts, Louise Beaverrf, Harry /ftrler, Stanley Andrew, Carol Holloway, Hooper Atchley, Virginia Sale, Ley Payton, Cordell Tate, Jimmy Brlscow, Eugene Jackson, Fern Emmett 'UNMARRIED,' formerly' tiUed 'NIGHT SPOT HOSTESS,' formerly titled 'ME AND MT GAL,' associate producer, Mel Shauer; directed by Kurt Neumann; screen play by Lillle Hayward and Brian Marlow;. based on story by Grover Jones and William Slavens McNutt; photographed by Harry Fischbeck. Cast: Buck Jones, Helen Twelvetrees, Donald O Connor, Dorothy Howe, John Hartley, Larry Crabbe, Robert Armstrong, Ed Paw- ley, Sidney Blackmer, Philip Warren, Louise Carter, Kathryn Bates, Sarah Edwards, Gordon Hart 'SUDDEN HONEY,' formerly tlUed 'SWEEPSTAKES MILLIONAIBE,' formerly titled 'SUDDEN MONEY,' associate producer, William Thomas; directed by Nick Grinde; screenplay by Lewis Foster; based on a play by Milton Lazarus; photographed by Henry Sharp. Cast: Charley Ruggles, Marjorle Rambeau, Charley Grapewin, Broderlck Crawford, Billy Lee, Evelyn Keyes, Philip Warren, William Frawley. Mary 'Punkhis' Parker, John Gallaudet Stanley Price, Robert Brister. Dick Elliott Richard Den- ning, Charles Halton, Ethel Wales, Larry Blake, Emory Parnell. Paramoont Plx Now In ProdacUon ■UNION PACIFIC,' produced and directed by CecU B. DeMille; asso- ciate producer, William H, Pine; location director, Arthur Rosson; screen play by Walter DeLeon, C. Gardner Sullivan and Jesse Lasky, Jr., based on an adaptation by Jack Cunningham of a story by Ernest Haycox; photo- graphed by Victor Milner and Dewey Wrigley. Cast: Barbara Stanwyck, Joel McCrea, Robert Preston, Akim Tamiroff. Brian Donlevy, Lynne Over- man, William Haade, Regis Toomey, J, M. Kerrigan, Harry Woods, Fuzzy Knight Hugh McDonald, Mala, Noble Johnson. Anthony Quinn, Joseph Sawyer, Harold Goodwin, Sheila Darcy.- May Beatty, Nora Cecil, Julia Faye, Ruth Warren, Evelyn Keyes, Mike Driscoll. 'BEAU GESTE,' produced ahd directed by William A Welhnan; screen play by Robert Carson; from story by P. C. Wren; photographed by Theodor Sparkuhl. Cast: Gary Cooper, Ray Milland, Robert Preston, Susan Hay- ward, J. Carrol Naish, Broderick Crawford, Brian Donlevy, Donald Mac- Bride, James Stephenson. ■MAN ABOUT TOWN,' produced by Arthur Hornblow; directed by Mark Sandrich; original screen play by Morrie Ryskind; photographed by Ted Tetzlaft. Cast: Jack Benny. Dorothy Lamour. Edward Arnold, Binnie Barnes. Phil Harris, Eddie Anderson, Monty WooUey, Leonai-d Mudie, Her- bert Evans, Clifford Severn, Cyril Thornton, Kay Linaker. •INVITATION TO HAPPINESS,' produced and directed by Wesley Ruggles; screen play by Claude Binyon, based on story by Mark Jerome; photographed by Leo Tover. Cast: Irene Dunne, Fred MacMurray, Charlie Ruggles, Donald O'Connor, William Collier, Sr.. Burr Carruth, Charles Ran- dolph, Allen Wood, Don Latorre, Bob Evans, Mack Gray, Billy NeweU. 'SOME LIKE IT HOT,' associate producer, William C. ThoJnas; directed by George Archainbaud; no writing credits released; photographed by Karl Struss. Cast: Bob Hope, Shirley Ross, Gene Krupa, his drums and his. orchestra, Una Merkel, Ruft Davis, ■ Bernard Nedell, Wayne 'Tiny' Whitt Harry Harris, Frank Sully, Clarence H. Wilson, Dudley Dickerson. 'GRACIE ALLEN MURDER CASE,' produced by George Arthur; directed by Alfred E. Green; screen play by Nat Perrin; based on novel by S. S. Van Dine; photographed by Chavles Lang. Cast: Gracie Allen, Warren William, Kent Taylor; Ellen Taylor, Ellen Drew, Jerome Cowan, Judith Barrett, Donald MacBride, H. B. Warner, Horace MacMahon, William Lemarest, Al Shaw and Sammy Lee, Lillian Yarbo, Walter Soderling.- Lee Moore, Harry T^ler, James Flavin, Tiny Newlan, Willie Fung, Don Brodie, ■ Stuaio Sol Lesser Herbert Wilcox. Total '. Number Number of.Pix Corn- Pro jniccd 5» 3 1 pleied 22 3 1 ' Now Shoot- in? 1 0 » Now Balance to in Be Placed Stories in Cnttin^ Before Prepara- Rooms Cameras tlnn 6 21 21 0 .0 0 0 « 0 54 26 6 21 21 Pictures now in the cutting rooms or awaiting previews are "THE FLYING IRISHMAN,' produced by Pandro S. Berman; directed by Leigh Jason; screen play by Ernest Pagano and Dalton Trumbo; photo- graphed by J. Roy Hunt. Cast: Douglas Corrigan,. Paul Kelly. Robert Ai-mstrong, Donald McBride. Dorothy Appleby, Eddie Quillan, Joyce Compton, Peggy Ryan. Dorothy Peterson. THE CASTLES,' produced by George Haight; directed by Henry Potter; no writing credits released; photographed by Robert De Grasse. Cast: Fred Astaire, Ginger Rogers, Walter Brennan, Lew Fields. Edna May Oliver, Jack Carson, Esther Muir, Janet Beecher, Donald MacBride. Sonny Lamont Frances Mercer, Etienne Girardot. : THEY MADE HER A SPY,' produced by Robert Sisk; directed by Jack Hively; screen play by Jo Pagano; original story by George Bricker and Lionel Houser; photographed by Nick Musuraca. Cast: Sally Eilers. Allan Lane, Fritz Lieber, Peggy Shannon. Alex Craig, Leona Roberts, Jonathan Hale, Theodore von Eltz, Spencer Charters. ^ 'ALMOST A GENTLEMAN,' formerly titled -PICARDY MAX,' produced by Cliff Reid; directed by Less Goodwins; ' original - and screen play by Harold Shumate; photographed by J. Roy Hunt. Cast: James ElUson, Helen Wood, Robert Kent June Clay worth, Robert Warwick, Leonard Penn, John Wray, Brandon Tynan. Joe Bernard. •TROUBLE IN SUNDOWN,' formerly titled 'A KNIGHT IN A GHOST TOWN,' produced by Bert Gilroy; directed by David Howard; no writing credits released; photographed by Harry Wild. Cast: George O'Brien, Rosalind Keith, ChiU Wills, Ward Bond, Monty Montegue, Ray Whitley, Otto Yamanski. 'FIXER DUGAN,' formerly titled 'WHATtS A FIXER FOR,' produced by Cliff Reid; directed by Lew Landers; screen play by Paul Yawltz and Bert Granet; photographed by Roy Hunt. Cast: Lee Tracy, Peggy Shannon, Virginia Weidler, Bradley Page. Edward Gargan. William Edmunds^ Rite La Roy. Jack Arnold, Edythe Elliott Irene Franklin, John Dilson, Murray Alper, Netta Packer. RKO-Radlo Pictures Now in ProdacUon 'SORORITY HOUSE,' produced by Robert Sisk; directed by John Farrow; screen play by Dalton Trumbo from play by Mary Coyle Chase; photographed by Nick Musuraca. Cast: Anne Shirley. James Ellison, Helen Wood, Margaret Armstrong, Barbara Read, Doris Jordon, Adele Pearce, June Storey, Elizabeth Risdon, Sherrie Overton, Chill WUls, Phyllis Fraser. Now Balance to Number Number Now in Be Placed Stories In of Piz Com- Shoot- Cottinf Before Prepara- Promised pleted Inf Booms Cameras tlon Total 59 26 3 4 26 26 Pictures in the cutting rooms or awaiting previews: ■HOME ON THE PBAIBIE,' formerly titled 'BIDIN' THE RANGE,' pro- duced by Harry .Grey; directed by Jack Townley; screen .play by Charles Arthur Powell ahd Paul Franklin from original, by Paul Franklm; photo- traphed by Reggie Lannin'g. Cast: Gene Autry, Smiley Burnettie, June torey, George Cleveland, Jack Mulhall, Walter Miller, Gordon Hart, Ethan Laidlaw, Jack Ingram, Earl Hodglns, Hal Price. 'ROUGH BIDEB ROUNDUP,' formerly titled HOUGH BIDER PATROL,' produced and directed by Joe Kane; no writing credits released; photo- graphed by Jack Marte. Cast; Roy Rogers, Mary Hart Raymond Hatton, Eddie Acuff, Guy Usher. Jack Rockwell, George Meeker, Dorothy Sebas- tian, William Pawley. George Chesboro, Glenn Strange, Jack KUrk, Hank Bell, Jim Corey, George Letz, George Plues, Fred Bums, Howard Hickey, Bud Osborne. 'MEXICALI ROSE,' produced by Harry Grey; directed by George Sher- man; original screen play by Gerald Geraghty; photographed by William Noble, Cast: Gene Autry, Smiley Bum'ette. Noah Beery, Luana Walters, William Royle, Leroy Mason, Roy Barcroft, Burr Carruth, Henry Otho. 'HEROES OF THE DESEBT,' produced by WlUiam Berke; directed by George Sherman; no writing credits released; photographed by Jack Marte. Cast: John Wayne, Ray Corrigan, Max Terhuine, Ruth Rogers, Doreen Mc- Kay, George Douglas, Walter Wills, Sammy McKim, Tom Tyler, Kermit Maynard. Bepoblle Piz Now in Prodactlon 'MAN OF CONQUESTS,' formerly titled 'WAGONS WESTWARD,' pro- duced by Sol C. Siegel; directed by George Nicbolls, Jr.; screen play by Wells Root; E. E. Paramore, Jr., and Jan Fortune; ori^nal story idea by Harold Shumate; photographed by Joseph August Cast: Richard Dix, Gail Patrick, Joan Fonteine, Edward Ellis, George Hayes, C. Henry Gordon, Max Terhune, Victor Jory, Robert Barrat Robert Armstrong, Ralph Mor- ;an, Janet Beecher, Jason Robards, Kane Chandler, Ferris Taylor, Charles itevens. 'STREET OF MISSING MEN,' produced by Armand Schaefer; directed by Sidney Salkow; screen play by Leonard Lee and Frank Dolan; original by Eleanore Griffin and- William Rankin; photographed by Ernest Miller. Cast: Charles Bickford, Harry Carey, Tommy Ryan,.Guinn Williams, Mabel Todd, Nana Bryant John Gallaudet. FRONTIER EXPRESS,' produced and directed by Joseph Kane; no writing credits released; photographed by. William Nobles. Cast: Roy Rogers. Mary Hart Raymond Hatton, Monte Blue, Noble Johnson, William Royle, Donald Dillaway, Edward Keane. Stockholders of Monogram ' Picr'' tures Corp. ■at'tH8Tr'?itif(fi.anriial sion last week reelected all the pres4'' ; ent board of durectors. Two addi-|-'j tions to the board are Leon From-ry' kcss, treasurer, and Norton Vi' Ritchey, foreign sales manager. Wi; Ray Johnston reelected president^;' Edward A, Golden, v.p. in charge or', sales; Scott R. Dunlap, v.p. in chargeti. of production; Fromkess, treasurer/' and M.. S. V/hlte, secretary. In addi^K tion, directors . elected George -Wa'" Weeks a v.p. of sales. ' kif Most important proposal for stock^i holders to vote on was increase Inl'^' present compensation to Johnston!:^ and Dunlap of $200 a. week. In a';;^ surprise move, and before stockhold-|l';' or.'- were permitted to vote the mat^),! tC'i-, Johnston on behalf of- himself and Dunlap stated they had .given|'|j proposition of accepting increaswijj deep consideration and. their cdnclu-f|| sion was- that the company needs|l their support at this time ahd untU[|T it is on a stronger financial basis,||' hence it would be wiser for them top|l decline the offer. Proposal waa"iiji therefore witlidrawn. m\ Johnston! receives an annual sal-|Mi arj- of $25,000 and Dunlap $l5,600.RjJ Their contracts with the companyii'j/ rue until March. 1942. |-l Of the 360,586 shares Monogram;'}' stock outstending, 234,000 sharesS; j.' were represented at the meeting,!;; i' chiefly in the hands of a proxy com-i'^'j' mittee headed by Trem Carr in placer ( of Sol A. Rosenblatt They votedC ji a totel of 211,119 shares. \m Other action voted by the stock-tf^' holders was change in company's calendar business year to a fiscal year basis, stertlng July 1, and ehd ing on June 30, and increase in tiiQ directorial board from seven to nine. In view of the change to new fiscal year. Monogram's 1939 calendar bual' ness year will end on June 30; thus sfctting the next annual stockholders' meeting for S^tember, 1939, instead of March, 1940. Those attending stockholders' meet- ing in addition to Johnston, Dunlajf, Carr, Golden, Fromkess, White and Ritchey were O. Heniy Briggs, presl dent of Pathe Flhn Corp., the largest holder of Monogram stock; William B. Jaffe and Herman Rosenblatt, Monogram counsel; David Garrison Berger and representatives of Wall Street brokerage houses. 1 20tli Centory-Fox Totel Number Number of Fix Com- promised pleted 55 31 Now Balance to Now o in Be Placed Stories in Shoot- Cutting Before Prepara- ing Rooms Cameras tlon .6 7 II 11 Pictures in the cutting rooms or awaiting previews are: 'GIRL FROM BBOOKLYN,' formerly titled 'BY THE DAWN'S EABLY LIGHT' (for 1938-39 season), produced by Edward Kaufman; directed by Gregory Ratoff; original by Gene Markey; photographed by Karl Freund. Cast: Warner Baxter, Alice Faye, Charleis Winninger, Keye Luke, Arthur Treacher, Willie Fung. Doris Lloyd. Leonid Snegoff, 'ALEXANDER GRAHAM BELL,' associate producer, Kenneth Macgowan; directed by Irving Cummings; screen play, Lamar Trotti; original story by Ray Harris; photographed by Leon Shamroy. Cast: Lorette Young, Don Ameche. Henry Fonda, Charles Coburn, Gene Lockhart. Sally Blane, Spring Byington, Polly Ann Young, Georgiana Young, Bobs Watson. Harry Daven- port Elizabeth Patterson, Charles Trowbridge, Jonathan Hale, Lillian West Ottola Nesmith. •THE HOUND OF THE BASKERVILLES,' associate producer. Gene Mar- key; directed by Sidney Lanfleld; screen play by Ernest Pascal; photo- graphed by Peverell Mavley, Cast; Richard Greene, Basil Rathbonc, Wendy Barrle, Nigel Bruce, Lionel Atwill. John Carradine, Ralph Forbes. Beryl Mercer, Barlow Borland, Morton Lowry, E. E. Clive, Eily Malyon, Rita Page. •DANGER ISLAND,' formerly titled TERROR ISLAND,' formerly titled 'MR. MOTO IN PORTO RICO,' produced by Sol Wurtzel; directed by Her- (Contlnued on page 34) Duals at 10c (Continued i- -n page 17) parent Allied Si? . j is participating. They ' promise to make themselves heard plenty at the forthcoming con- vention. T» Press DIroreement Washington, March 7. Theatre divorcement legislation will be the principal topic at the an- nual convention of Allied States Ex- hibitors Assn. in Minneapolis next June. This was revealed By the- call for the session issued by Proxy H. A. Cole, Texas, fiery advocate of meas- ures to compel major distributors -to divest themselves of theatre hold- ings. The defeat suffered hi North Da- kdte, lyhere the legislature recently repealed a theatre divorce law be- fore it had become operative, will not deter Allied members. Cole pointed out Campaign will be launched to force N. D. lawmakers to reinstate statute at next coss.'on. - Plans will also be developed at tl. ■ .convention to intensify Allied's drive to persuade Congress' to enact legis- lation abolishing compulsory block booking and blind buying. . t •j r i Rag Waver for Bams 1 Hollywood, March 7. |< Bob Burns' next starrer at Para- ij^'i mount is a patriotic yarn. 'Us Amer- icans,' written by Jrvin S. Cobb for Will Rogers as 'So This is America' and acquired recently from 20th-Fox. Shooting starts late this montb with Al Santell directing under pro- duction guidance of George Arthur^ Bainter Attends 'College^] Hollywood, March 7. Warners is readying 'What Price I College?' campus yarn, with Fayl Bainter in the featured spot. Irving Fincman, professor at Ben- nington College, Vt., is doing the] screenplay. 132 VARIETY Wednesday, March 8, 1939 20th's biggest In the next twelve weeks 20tb Centmy'Fox wiU release aU of the great pictures on this page I totv' Piodueedin, CHABtES COBOBN • 6BN^ ^^^e. Diteded by imng « ttos I Wednesday, March 8, 1939 VARIETY 33 ARE STILL TO COME! 'designed to be (o » i — -rrr _ "'■•t "Ale«„de ""'h^"**? » 1939 Jil iJOSE or By Gregory Hatolf laon 'onald / "'^e ^ V fen- K FOX Danyl F. Zanuck Jn CharQe ol Production 34 VARIETY PICTURES Wednesday, March 8, 1939 Advance Production Chart photographed by Elwood Brendell. Cast: Barton MacLroe, Tom Brown, Eve Arden, Ed Sullivan, Frank Jenks, Clyde Dllson, Oscar Polk. (Continued from page 31) bert Leeds; no writing credits released; photographed by Ludan Androit. Cast: Peter Lorre, Amanda Duff, Jean Hersholt, Leon Ames, Robert Lowery, Warren Hymer, Richard Lane, Paul Harvey, Charles D. Brown. ^^JJiBB&^4MH-T IN HOLLTvrOOD,' associate producer, John Stone; — -TnfScted by Nul St; Clair; no writing credits released; photographed by Edward Snyder. Cast: Jed Prouty, George Ernest, June Carlson, Spring Byington, Florence Roberts, Kenneth Howell, June Gale, Billy Mahan, Marvin Stephens, Matt McHugh, William Tracey. 20th-Fox Fix Now In Production 'ROSE OF WASHINGTON SQUARE,' associate producer, Nunnally Johnson; directed by Roy Del Ruth; no writing credits i-eleased; photo- graphed by Karl Freund. Cast: Tyrone Power, Alice Faye, Al Jolson, Marie Wilson, Douglas Fowley, Hobart Cavanaugh, Moroni Olsen, E. E. Clive, William Frawley. 'STANLEY AND LIVINGSTONE,' produced by Kenneth Macgowan; directed by Henry King; no writing credits released: photographed by George Barnes. Cast: Spencer Tracy, Richard Greene, Nancy Kelly, Walter Brennan, Charles Coburn, Henry Hull, Sir. Cedrlc Hardwicke, Henry Travers, Hasson Said. THE GORILLA,'; produced by Harry Joe Brown; directed by Allan Dwan; no writing credits 'released; photographed by Edward Cronjager. Cast: Ritz Brothers, Bela Lugosi, Anita Louise, Lionel Atwill, Edward Nor. ris, Patsy Kelly, Wally Vernon, Joseph Calleia. 'SUSANNAH OF THE MOUNTIES,' produced by Kenneth Macgowan; directed by Walter Lang; no writing credits; photographed by Arthur Miller. Cast: Shirley Temple, Randolph Scott. Margaret Lockwood, Mar- tin Goodrider, Moroni Olsen, J. Farrell MacDonald, Maurice Moscovich, Victor Jory, Lester Matthews, Herbert Evans, Leyland Hodgson, Jack Luden, Charles Irwin. 'CHARLIE CHAN IN BENO,' produced by John Stone; directed by Nor- man Foster; no writing credits released; photographed by Virgil Miller. Cast: Sidney Toler,^ Sen Young, Phyllis Brooks, Ricardo flortez, Kane Rich- mondv Slim Summerville, Pauline Moore, Robert Lowery, Kay Linaker, Louise Henry, Iris Wong. 'NEWS IS MADE AT NIGHT,' produced by Edward Kaubnan; directed by Alfred Werker; original screen play by John Larkln; photographed by Ernest Palmer. Cast: Preston Foster, Lynn Bari, George Barbier Eddie Collins, Russell Gleason, Paul Harvey, Minor Watson, Charles Halton. TOLICE SCHOOL,' produced by John Stone; directed by James Tinling: no writing credit] released; photographed by Luclen Andrlot Cast: Jane Withers, Arleen Whelan, Richard Bond, Douglas Fowley, Robert Shaw, Robert Kellard, George Ernest. Minor Watson, Ted Plerson, Warren Hymer. • 'THE RETURN OF THE CISCO KID,' produced by Kenneth Macgowan; directed 'br Herbert I. Leeds; no writing credits released; photographed by Charles CHarke. Cast: Warner Baxter, Lynn Bari, Hetary Hull, Cesar Romero, Kane Richmond, C, Henry Gordon, Harold Huber. Warners Directors ' Deals New Balance to . In BePlaoed Stories In Cnttlne Before Prepara- Rooms Cameras Uon 13 8 8 United Artists Now BalaiKeto Nomber Number New In .Be Placed Stories In of Fix Com- Sheet- Cnttlng Before Prepara- ' Promised pleted lag Rooms Chimeras tien Samael GeldwyB. . . 4 1 1 9 2 2 SelzBlck 2 2 • • • • Walter Waiver 8 2 0 . • 8 6 ChapUn 1 • • • 1 1 Boaeh.... 8 2 114 4 London Films 6 2 • • '3 3- Edward Small 8 2 • 8 3 4( Total 33 11 2 1 ' 19 21 Pictures In thei Qitting room or awaiting previews are: TTS SPRING AGAIN/ produced for Hal Roach by A. Edward Suther- land; based on story, 'Zenobla's Infidelity,' by H. C. Runner; photographed by Karl Struss, Cast: Oliver Hardy, Harry Langdon, Alice Brady, BUlle ■Burke, Jean Parker, June Lang, James Ellison, Stepin Fetchit, Hattle McDanlel. 3, farrell MacDonald. United Artists PIx Now In PredncUen •WUTHERINO HEIGHTS,' produced by Samuel Goldwyn; directed by William Wyler; from novel by Emily Bronte; photographed by Greg Toland. Cast: Merle Oberon, Laurence Olivier, Hugh Williams, Flora Robson, Geraldlne Fitzgerald, Leo G. Carroll, David Niven, Donald Crisp, Cecil Humphries, Romalne CaUender. ' 'CAPTAIN FURT,' produced and directed by Hal Koach; so writing credits released; photographed by Noroert Brodine. Cast: Brian Aheame, Victor McLaglen, June Lane, Paul Lukas, George Zucco, John Carradine, -John Warburton, Claud Alllster, Will Stanton, Gibbons Gowland, Charles Mlddleton, Virginia Field, Lumsden Hare, Margaret Roach, Eddie Brian, Nichols Sussanin, Lieonard WiUey. New Balanse to Nnmber Number New In Be Placed Storle* la of Fix Com- Sheet- CntUng Before Prepara- Promlaed pleted Ing . Rooms Cameras Uon Features 48 24 4 3 9 9 Westerns 12 12 8 f 8 8 SerUls 4 3 8 1 8 8 Total 58 39 ' 4 4 9 9 Pictures In the cutting rooms or awaiting previews: 'BUCK ROGERS' (serial), produced by Barney Sarecky; co-directed by Ford Beebe and Saul Goodkind; screen play by Norman Hall and Bay Trampe from cartoon strip by Dick Calkins and Phil Nolan; photographed ' by Jerry Ash. Cast: I^rry Crabbe, Constance Moore, Reed Howes, Wheeler Oakman, Jackie Moran, Carleton Young, Henry Brandon, Philson Ahn. B 'BISKT BUSINESS,' produced by Burt Kelly; directed by Arthur Lubin; original story by William Anthony McGuire; screenplay by Charles Gray- son; photographed by Stanley Cortez. Cast: George Murphy, Dorothea ~ Kent, El Brendel, Grant Richards, Jess Lee Brooks. •MYSTERY OF THE WHITE ROOM,' formerly titled 'MURDER IN SURGERY,' Crime Club production; produced by Irving Starr; directed by Otis Garrett; vriginal story by James G. Edwards, M. D,; screen play by Alex Gottlieb; photographed by John Boyle. Cast: Bruce Cabot, Helen Mack, Joan Woodbury, Mable Todd, Constance Worth, Tom Dugan, Rowland Drew, Addison Richards, Tommy Jacksoa 'SOCIETY SMUGGLfeRS,' formerly titled 'KEY WOMAN,' produced by Ken Goldsmith; directed by Joe May; screen play by Arthur Herman; photographed by John Boyle. Cast: Preston Foster Irene Her.vey, Waller Wolff King, Fred Keating, Regis Toomey, Frances Robinson, Raymond Parker, Clay Clement, Milburn Stone. Robert Darrell, Harry Hayden, Eddie Acuff, Mme. Christine Tourneure, , Frank Reicher, Doris Rankin, Gerald Mohr, Michael Mark. Universal Pix' Now in Production 'THREE SMART GIRLS GROW UP,' produced by Joe Pasternak: dl M re'cted by Henry Koster; original screen play by Bruce Manning and Felix Jackson; photographed by Joseph Valentine. Cast: Deanna Durbin, Nan Grey, Helen Parnsh, Charles Winninger. William Lundigan, Ernest Cos- siart, Robert Cummings, Nella Walker, Robert Darell, Buddy Pepper, Bobbe Trefts, Jean Stewart, Roy Largay, Jack George, Graham Price, Leonard Sues, Grace Goodall. Dorothy Tennant. 'EASTSIDE OF HEAVEN,' no producer credit; directed by David Butler; screen play by William Conselman; original by David Butler and Herb Polesie; photographed by George Robinson. Cast: Bing Crosby, Joan Blon- dell, Mischa Auer, Jerome Cowan, Jane Goude, Sandy Henville, Herb Ashley, Joe King, Lelah Tyler. 'THE FAMILY NEXT DOOR,' produced by Max Golden; directed by Joseph Stanley; ori.i^inal screen play by Mortimer Offner; photographed by Milton Krasner. Cast: Hugh Hubert, Ruth Donnelly, Joy Hodges, Eddie Quillan, Juanita Quigley, Bennie Bartlett, Tom Beck. 'BIG TOWN CZAR,' produced by Ken Goldsmith; directed by Arthur Lubin; screen play by Edmund L. Hartmann; original by Ed Sullivan; Number Number Now of Fix Com- Sheet- Promised pleted inp Total 52 24 7 Pictures in the cutting rooms or awaiting previews are: 'BLACKWELL'S ISLAND,' produced by Bryan Foy; directed by William McGann: original screen play by Crane Wilbur and Dave Marcus;jhoto. graphed by Sid Hickox. Cast: John Garfield, Rosemary Lane^ ™?ji?S? Conway, Peggy Shannon, Dick Purcell. Lottie WiUiam^ Stanley Fields, Charley Foy, Norman Willis, Granville Bates, Raymond Barley, Jimmy O'Gatty. Wade Boteler. William Davidson. Walter Young. . ^ •TOKCHY RUNS FOR MAYOR,' produced by Bryan Foy; directed by Ray McCarey; original screen play by Earl Snell; photographed by Warren Lynch. Cast: Glonda Farrell. Barton MacLane, Tom Kennedy, Joe Cun- ningham, Frank Shannon, George Guhl, John Miljan, Joseph Downing, Charles Richman, Irving Bacon. 'CODE OF THE SECRET SERVICE,' formerly titled 'SMASHING THE MONEY RING,' produced by Bryan Foy; directed by Noel Smith; screen play by Lee Katz and Dean Franklin: photographed by Ted McCord. Cast: Ronald Reagan, Rosella Towne, Eddie Foy, Jr., Moroni Olsen, John Gai- laudet, John Lite!, June Gittelson, Steffi Duna. 'DODGE CITY' (in Technicolor), produced by Robert Lord; directed by Michael Curtiz; or:(j:nal screen play by Robert Buckner; photographed by Sol Polito; Technicolor photography by Ray Rennahan. (:ast: ^rol Flynn, Olivia de Haviiland. Ann Sheridan, Bruce Cabot, Frank McHugh, Alan Hale, Victor Jory. Henry Travers, John Litel, Henry O NeiU, Gwinn Wil- liams, Gloria Holden, Douglas Fowley, William Lundigan Bob Watson, Paul Guilfoyle, Elizabeth Risdon, Charles Halton, Cora Wltherspoon, Olin Howland, Russell Simpson. Thurston Hall, Robert Homans, Spencer Char- ters, Nat Carr, Cliff Clark, Joseph Crehan, Bud Osborne, Cnester Clute, '^•SWEEPSTAKES WINNER,' produced by Milton Shubert for the Bryan Foy unit; directed by William McGann; no writing credits released; photo- graphed by Arthur Edeson. Cast: Marie Wilson, Johnny Davis, Allen Jen- kins, Jerry Colonna, Frankie Burke, Charles Foy, Maxie Rosenbloom.. 'ON TbSal,' produced by Milton Shubert for the Bryan Foy unit; di- rected by Terry Morse; no writing credits released; photographed by Lou O'Osnnell. C^t: Margaret Lindsly, John Utel. Janet Chapman. Edward Norris, James Stephenson, Larry WUliams, Henry O'Neill, Gordon Hart, ^^NAUGHXT,''butWe,' formerly Utled 'THE PROFESSOR STEPS OUT,' formerly titled •ALWAYS LEAVE THEM LAUGHING,' produced by Sam Bischoff^ directed by Ray Enrlght; screen play by Jerry Waid Md Rldiwd Macaulfey; photographed by Arthur Todd. Cast: Dick Powel^^ale Page, Ann Sheridan, ZaSu Pitts. MaxleHosenbloom, Allen Jenkins, Jerry Colonna, Halliwell Hobbes, Granville Bates, Ronald Reagan, Helen Broderick. 'DARK VICTORY,' produced by David Lewis; directed by Edmund Goulding; screen play by Casey Robinson from Play J>y, ^^'^^Sf^ ^^^^1 Jr., and Bertram Bloch; photographed by Ernest Haller. (^: Betto Davis, George Brent, Geraldlne Fitzgerald. Humphrey Bogart;^ Ronald Reagan, Henry Travers. Dorothy Peterson, Charles Richman. LotUe Wil- liams. Virginia Brlssac, Frank Reicher. Pierre Watkins. •OKLAHOMA KID,' produced by Sam Bischofl; directed by LWyd Bacon; screen play by Robert Buckner, Jerome Odium and Warren Duff; from original by Edward Paramore; photographed by James Wone Howe. Cast: James Cagney, Rosemary Lane, Humphrey Bogart; Donald Crl^ Granville Bates, Charles Mlddleton, Hugh Sothem. Edward Pawley, Ward ^HE KID FROM KOKOMO/ formerly titled 'BROADWAY CAVALIER,' froduced by Sam Bischoff: directed by Lew SeUer; screen play by Michael essier from original by Dalton Trumbo. Cast: Pat O'Brien, Joan Blon- dell, Wayne Morris, Jane Wyman, Maxle Rosenbloom, Max Robson, Stanley Fields, Morgan Conway, Sidney Toler, Ed Brophy, Olin Howland, Jack Roper, Qem Bevans. . „ „, ^ ^ . x,. - 'HERO FOR A DAY,' produced by Gordon HoUIngshead for the Bryan Foy unit; directed by Crane Wilbur; no writing credits released; photo- graphed by Arthur Todd. Cast: Charles Grapewln, Jane Bryan, Henry O'NeUlj Elisabeth Risdon, Dickie Jones, John Russell, Fred Lozere, James •THE 'roaring road/ produced by Max Slegel; directed by Lloyd Bacon; no writing credits released; photographed by Sid Hickox. Cast: Pat O'Brien, John Payne, Gall Page, Ann Sheridan, Frank McHugh, Ronald Reagan, Granville Bates, Regis Toomey. . ■,• , •JUAREZ,' produced' by Henry Blanke; directed by William Dleterie: screen play by John Houston, Aeneas McKenzle, Wolfgang Relnant and Aben Ffakel; from story by Mrs,:Perdila Hardhig; photographed by "Tony Gaudie. Cast: Paul MunL Bette Davlis, Brian Ahem. Claude Bains, John Garfield. Donald CrispTOilbert Roland, Joseph Calleia. Montagu Love, Harry tkavenport, Henry O'Neill, Gale Sondergaard, WUUam Wilkinson, Pedro De Cordoba, John Miljan, Hugh Sothem, Robert Warwick, Georgia Calne. Warner PIx Now In Prednetlen 'HELL'S KITCHEN,'^ produced by Mark Bellinger for the Bryan Foy unit; directed by E. A. Dupont: no writing credits released; photographed by Charles Kosher. Cast: Dead find Kids, Margaret Llnds^, Stanley Fields, Ronald Reagan, Grant Mitchea Frank E. Burke, Charlie Foy, Rred Lozere. •EACH DAWN I DIE,' produced by David Lewis; directed by William Keighley; original by Jerome Odium; photographed by Arthur Edeson. Cast: James Cagney, George Raft, Jane Bryan, George Bancroft, Wlllard Robertson, Maxie Rosenbloom, Victor Jory, John Wray, Stanley Ridges, Louis Jean Heydt, Ed Pawley, Joseph Downing, Alan Baxter, Aldrleh Bow- ker, Fred Tozere, Charles Trowbridge. 'NANCY DREW, TROUBLE SHOOTER,' produced by Bryan Foy; directed by William Clemens; from original by Caroline Keene; photo- graphed by Lou O'Connell. Cast: Bonita Granville, Frankte Thomas, John Lltel, Charlotte Wynters, Aldrleh Bowker, Edgar Edwards, Erville Al- derson.' 'FAMILY REUNION,' formerly tlUed 'AMERICAN FAMILY,* produced by Henry Blanke; directed by Michael Curtiz: no writing credits released; photographed by James Wong Howe. Cast: John Garfield, Priscllla Iiane, Gale Page, Jeffrey Lynn, Fay Bainter, Claude Rains, May Robson, Lola Lane. Rosemary Lane, Dick Foran, Frank McHugh. •CONFESSIONS OF A NAZI SPY,' produced by Robert Lord; directed by Anatole Litvak; no writing credits released; photographed by Sol Polito. Cast: Edward G. Robinson, Francis Lederer, Paul Lukas, Dorothy Tree, Joe Sawyer, George Sanders, James Stephenson, Lya Lys, Grace Stafford. •GANTRY, THE GREAT,' produced by Bryan Foy; directed by William McGann; no writing credits released; photographed by Ted McCord. Cast: Edith Fellows. Jimmy McCallion, Granville Bates, DeWoIt Hopper, Frankie Burke. Fred Tozere. 'WATER FRONT,' produced by Bryan Foy; directed by Terry Morse; no writing credits released; photographed by James Van Trees, (jast: Dennis Morgan, Gloria Dickson, Marie Wilson. Sheila Bromley, Ward Bond, Arthur Gardner, George Lloyd, Aldrich Bowker. TITLE CHANGES Hollywood, March 7. 'The Real Glory' is latest title, for Samuel Goldwyn's 'The Last Fron- tier.' 'Mystery Plane' is final tag for 'Sky Pirate' at Monogram. 'North of Singapore* was substi- tuted for 'Island of Lost Men' at Paramount. Lind Touring Mono Recently appointed assistant to George W. Weeks, v.p. over sales for Monogram, Lloyd L, Lind left Satur- day (4) on a tour of midwestern branches of the company. Going directly to Kansas City, he will also stop off at the Omaha, De's Moines. Chicago and Cleveland of- fices. He will be away 10 days. STORY BUYS Hollywood, March 7. Warners ..purchased 'The Lady With Red Hair, story of Mrs: Leslie Carter. RKO bought "The American School Teacher,' by George Bricker and .William Dover. Sam Fuller sold his 'Bowery Boy' to Republic. 'Salute to Hate,' by Faith Thomas, bought by RKO, Paramount bought Frank O'Con- nor's story, 'Tempted,' and changed title to 'Madame Mystery.' Homer King Gordon sold his 'Two Gun Troubadour' to C. C. Burr for an Atlas production. Harry Sherman purchased 'Gun Chores,' by Jack Jungmeyer, Sr. Arcadia bought George Bruce's yarn, 'Born to Hang.' (Continued from page 6) ance of Theatrical Stage Employes are paid 82^c. an hour for doing the same work. SUE has been extend- ing Its jurisdiction on major lots and this action may result in a tiff with Technicians Local 37 of lATSE, which has divided into rank and file factions since return ' of autonomy and withdrawal of lA from Studio Basic Agreement. Producers have refused the request of the Jeff KIbre faction to put checkers on lots, stating work can be handled - by Lew Blix. business representative of the organization. Both SUE and Krbic have petitions before the National Labor Relations Board for an investigation of lATSE, but Kibre is said to be preparing to withdraw his action. 20th Co. Union Charged Complaint charging 20th-Fox with unfair labor practice for allegedly forming a company union of main- tenance employes has been filed with the NLRB by the Building Service Employes International Union. Lee Dumas, BSE representative, claims the union was organized by Earl Westopher. 20th-Fox executive. Following a cross check of film readers, NLRB has certified Screen Readers Guild as the bargaining rep- resentative for all screen readers at Columbia, Metro, Paramount, RKO- Radio, 20th-F6x, Universal and War> ners. Readers were represented by Attorney George Bodle, Columbia has inked a contract with. Society of Motion Picture Film Edi- tors giving filhi librarians minimum of $1.10 an hour. Librarians former- ly received from 62 Vic. to 67 Vic. an hour. Aaron Warner has assumed duties of regional director for the NLRB. Warner, head of the Denver office, will remain here until the board completes its investigation of charges against Dr. Towne Nylander, re- gional director, who was suspended last week. .Suspension followed a speech by director In which he was quoted as stating the employer never has a chance when we go into a hearing.' Dr. Nylander claims he was mis-quoted. A meeting of Artists Managers Guild, scheduled for today (Tues.), was called off pending further nego- tiations with Screen Actors Guild on licensing, plan for film and radio agents. Franchise plan Is held up while SAG asks the Assembly to amend State Labor Code to give SAG the right to arbitrate disputes between agents and their clients. This arbitration is now handled by State Labor Commissioner. Favor 5-D»y Week Several major studios have com- pleted arrangements to switch to • five-day week If the proposal is okayed at the Basic Agreement Con« ference scheduled this month. Aud- iting department at 20th-Fox said an accounting setup had been' establish- ed that would enable the company to make a switch on few hours notice. Plan has already been approved by mo^ of the labor crafts and majority of producers are in' favor of it Complaint charging that J. Buck- ley Russell, dress extra, has been blacklisted by Central Casting Corjf*. for six months because of tUs affilia- tion with Cinema Players, Inc., has been filed with the NLRB. Cinema Players now has a petition pending before the NLRB to be certified as bargaining' representative for extras, liatter must now be members of the £>creen Actors Guild in order to work in the industry. Musicians Locar47 has authorized appointment of a committee to select a site for new headquarters and to dispose of present property. Com- mittee will report back at general meeting of organization late this month. ' Mrs. Poucher's Escape Mrs... R. J._Poucher, wife of. v.p. and executive committee member of Consolidated Films, escaped death last week near her home in Plain- field, N. J., when . the ' auto she was driving was struck by a fire truck. Her car was turned turtle and pushed for 50 feet, yet Mrs. Poucher escaped with hardly a scratch. Poucher was fire chief of Plainfleld at one time. DISNEY'S OinCE SFBEAD Hollywood, March 7. Walt Disney moved his newspaper comic strip and book promotion de- partments to leased offices on Vine street, owing to crowded conditions at the main plai-.t. The new Disney studio in Burbank is expected to be ready for c'upancy in December. inK , Wednesday, . March 8, 1939 VARIETY 35 -Here Comes \bur Baby Full of zip . . . pep . . . dash and doing ! . . . the National Screen Trailer running in ad- vance of your show! Seen . . . heard . . . entertaining . . . carrying conviction to seat buyers while they're in the mood. The only advertising combining sight . . . sound . . . voice and the printed word! Action on your screen. Samples of what the picture is about. And how low in cost! How complete in coverage! How unique in appeal! How real a ticket- seller ! Big merchants,.,national advertisers would grab your screen in a minute. You've got it! Use it to the best advantage with ^ National Screen Trailers .86 VARIETY PICTURES Wednesdaj, March 8, I939 Chase National Continues Selling Of 20-Fox; SEC Also Lists Mono Buys Washington, March 7. Heavy buying In motion picture stocks during January was revealed today (Tuesday) in the blTicial sum- mary of the Securities & Exchange Commi sion. Largest acquisitions were made by Trem Carr and $cott R. Dunlap, ot Hollywood, who each purchased 16,629 shares ot Monogram Pictures Corp. common on Jan. 6 and fol- lowed it four days later with pur- chases of 6,194 shares— bringing their ti^tal holdings to 22,823 shares. Sol A. Rosenblatt, former NRA motion picture administrator, dumped 11,228 shares of the same — all but 1,000 shares of his holdings. All Mono- gram deals were carried out under option privileges. Percival K. Furber, of New York, listed purchase of 300 shares of Trans Lux common, bringing his holdings to 1,500 shares. Two other .overdue acquisitions were revealed under the name of Leslie E. Thompson, who re- ceived 1,000 shares in July, 1937, and the same amount a year latei:. Thompson, all of whose nest-eggs were listed as iompensation, gathered up 500 additional tickets in January, bringing his total to 3,500 shares at that time. Chase National Bank, which has sold several blocs of picture stocks recently, dropped 1,000 shares of 20th Century-Fox common, retaining 221,158 shares common and 671,916 $1.50 cumulative preferred. Another aim deal involved purchase of 2,000 shares of Warner Bros, common stock by Jack L. ' Warner, to give him 90,060 shares common, 14,884 shares of $3.85 cumulative preferred and 1,183,000 optioiial 6% convertible debentures. , - CALLS QUIZ IDEA HIS Edward Pfelfer Sues Donabae ft Coe Agency Blue-Blood Infusion Hollywood, March 7, Old world aristocracy crashed the 10% biz with the addition of Baroness Else von Koczian to the Paul Kohner- agency here as associate. The baroness recently arrived from Europe, where she had been a scout for Universal. Edward J. Pfeifer filed a N. Y. fed- eral court suit, yesterday (7) against Donahue & Coe advertising agency, and Edward J. Churchill, its head, for $100:000, claiming the plagiarism of an idea of his which was later developed into the 'Movie Quiz' by. the" defendants. Plaintiff claims the idea was sub- mitted but rejected. ASK MO. SUPREME C'T TO UPHOLD NICK OUSTER CONS. SEEKING PROXIES TO RE-ELEa DIRECTORS Proxies are being sought by Con- solidated Film Industries, Inc., do- ing majority of the printing for major producers, for the election of four directors at the annual meet- ing of the company scheduled for March 23. Four directors seeking re-election are Herbert J. Yates, Jr., president of the company; Ed- ward C. Dearstyne, Josepb L. Aller and Richard W. Altschiiler. In a proxy statement sent stock- holders, the Stock controlled as of Feb. 10 by the four directors seek- ing re-election for a term of three years each is listed. Ownership Is headed by Yates, with 7,782 pre- ferred and 202 common shares. Dearstyne, as of that date, had 900 preferred and 1,770 commoh, while Aller controlled 500 preferred and 2.117 common: Altschuler had no preferred and only four shares of the common stock. While the proxy solicitation by the company declares the annual meeting is to also transact such otiier business as may properly come beCorc it. J. E! McMahon, secretary ot Consolidated, states that the man- agement does not intend to present any other business . and does not know of any other business .which may come before the meeting. Would Limit Trailers St. Louis, March 7. The Missouri state supreme court last week heard arguments and sug- gestions filed in behalf ot 'Circuit Judge Ernest F. Oakley in opposition to the writ of {Srohibltion asked by John P. Nick, v.p. of lATSE and head of MPO Local 143, and Clyde A. Weston, business representative of the locaj, to prevent their being ousted from control of the local. It is declared . in the sugge$tions that ousting of Nick and Weston from 'wrongfully dominating Local No. 143' is desired by those who have a legal interest in the property in- volved, and the matter is not one subject to a writ of prohibition, but rightfully belonging to the Circuit Court. .'To be perfectly frank,' the argument says in part, 'the issue raised is whether racketeering shall be continued in a trade union and ^Yhether or not free-born American fflitizens are to have saddled upon .their shoulders a' reign of terror which does violence to every tenet of the doctrines upon which democ- racies are founded.' A few days previous, the Central Trades & Labor Union adopted a motion to regard the internal dif- ficulties of Local 143 as a 'closed in- cident.' The motion was passed fol- lowing the reading of correspond- ence between the Central Trades body and William Green,, president of the AFL. Central Trades had re- quested Greei> to obtain permission from GQorge Browne, international prez of lATSE, to allow the execu- tive committee to take charge of the reorganization of Local 143. Green replied that Browne refused the re- quest with the explanation that the theatrical union preferred to handle its own internal difTiculties. Nick is reported to have returned to Florida after furnishing a $5,000 bond to answer the second charge of extortion, which was retui-ned in an indictment by the local grand jury against him and Weston. Masters' Mother Dies In Fla. Auto Accident Haskell M. Masters, Canadian sales manager for United Artists, was sud- denly summoned to Miami Thursday (2) when word was. received that his mother was killed -in an auto acci- dent outside her hotel on Wednes- day (1). Masters brought the body back to Montreal. 285G Anti-Trust Suit "Aimed at 8 Cos. by Dixie Ops Atlanta, March 7. A suit for $285,000 damages was filed Thursday (2) in U.' S. district court ■ by John W. Peck, Sr., and Mrs. Gertrude W. Peck, charging eight major picture companies with violation ot the Clayton Anti-Trust Act in distribution ot films. Pecks claim that, as owners and lessees of two theatres in Sylacauga,' Ala., and one in Dublin, Ga., they were forced to liquidate at a loss because defendants contracted with a rival operator to supply feature pictures. Petition states that Roy Martin, chain operator, biillt opposi- tion houses in two towns named and soon afterwards defendant com- panies 'did conspire and ' agree among themselves and with said Martin not to sell, lease or license to plaintilTs any first-class feature film.' Companies named are Paramount Pictures Distributing Co., Inc., RKO Pathe Distributing Corp., M-G-M Distributing Corp., Vitarraph, Inc., Fox Films Corp., United Artists, Universal Film Exchanges and Co- lumbia Pictures Corp. A. C. Brom- berg, described as a distributor for some of the film companies, was also listed as a defendant. Pecks claimed they lost $45,000 in Sylacauga and $50,000 in Dublin. They seek triple damages and at- torneys' fees.' Wilmington, Del., March 7. Bill rolling around In the hopper of the Delaware Senate would limit trailers and all other advertising footage to three minutes a perform- ance, unless advertised conspicuous- ly on billboards and in newspaper ads. Would also make it unlawful 'for any theatre to cut into, Insert or display any advertisements, pre- view or trailer in any newsreel,' and the newsreel would have to be en- tirely of "news events.' Fines of $50 for the first offense and $100 for second are provided. Half of the fine would go to the in- formant leading to conviction. Errol Flynn's 'Juan' Hollywood, March 7. Eirrol Flynn Jilays the great lovci lu "The Adventures of Don Juan, scheduled at Warners for early summer. Michael Curtiz directs from screen play by Roland Leigh. Music May Soothe 'Em Jersey City, which has gained notoriety as a labor and political battle ground, is going arty. Jer- sey City. Philharmonic Symphony Orchestra has been formed and will give a series of four concerts at Snyder highschool this spring, J. Randolph Jones conducting. ' Mayor Frank Hague is understood to be one of the backers. Mrs. Piazza's Parents' 50th . Albany, March 7. Ben Piazza, v.-p. ot Major Pictures Corp., was here over the weekend with his wife and daughter, Rita, to attend the 50th wedding anniversary of Mrs, Piazza's parents, Mr. and Mrs., Garry Cappellano. Piazza's wife appeared with the old Bert Lytell-Evelyn Vaughn stock company at Harmanus Bleeckcr Hall here, and was playing 'Tiger Rose' in New Orleans when Piazza married her in 1920. v. S. Diggers Done Los Angeles, March 7. Uncle Sam's probers wound up two years of digging into local film exchanges iit quest of possible viola- tions of the anti-trust laws. Albert Law and Harold Collins, special assistant to the U. S. attorney general, are drafting Iheir' final re- port, to be transmitted to Thurman W. Arnold, assistant U. S. attorney general, in charge of anti-trust vio- lations. Al Rosen Must Pay Off Orlando for Symphonies Los Angeles, March 7. Superior court ordered Al Rosen to pay Guido Orlando half the profits he made on a deal whereby Paramount released six Symphonic featurettes. Pact called for an even split of commissions for release' of the pic tures, valued at $60,000. Hecht-MacArthur Oppose Exam, in Connie's Suit Attorneys for Ben Hecht and Charles MacArthur last week filed motion in New York supreme court opposing thie demand of Constance Bennett for examination of, the writers before trial in the suit she started a year and a half. ago. Charles Lederer, film writer and rep for Hecht and MacArthur, is also named as a defendant. Actress is seeking to recover $62,- 500 for alleged breach of contract. Writers were guaranteed $50,000 to write an original story for her, .and a $2,500 deposit paid to Lederer. No story was delivered. Miss Ben- nett claims she passed up $60,000 worth of picture oflers while waiting for her story to turn up. Howard Relnhelmcr, representing Hecht-MacArthur, claim her suit is without foundation, In that the con- tract was actually consummated be- twee.i the plaintiff arid A. C. Blumen- thal, and furthermore, is Illegal and In violation ot other commitments by the defendants. The $2,500 de- posit had also been o^cred for re- turn to Miss Bennett, but not ac- cepted. Schwartz Sc Frohllch repre- sent the actress. NASHVILLE'S BIG B.O. SUNDAYS; NOW OK Nashville, March 7. The residents of this seat of south- ern Methodism and the Baptist church have left little doubt that they favor Sunday films. For the first time in the history of the city picture theatres- are open for regu- lar performances and the residents are responding by jamming down- town houses to capacity— and nabes also report strong business. Sunday operations in. Nashville may liad to legalization of Sunday films in several other mid-Tennessee cities including Murfreesboro, Frank- lin, Springfield' and Clarlcsville. 'The showing ot the first Sunday pix here forced the city police de- partment to augrnent its traffic de- tail as autos jammed the downtown area and caused congestion. The fire dcpartm'ent also kept special patrols on duty at the theatres. . Sunday films became legal last week. ' Theatre' managers feared church leaders might attempt to combat the ordinknce through the courts but it is not believed that this win now be attempted. The city has had Sunday baseball for the past several years. Par $$4,096,000 '38 Net Profits; 20di,LoewDivvys Winding up the year in strong fashion, with the . fourth quarter earnings running to $2,200,000, Para- mount for the first quarter this year (1939) is comparatively powerful and is expected to substantially top the initial same three months (Janu- ary-March) of 1938. It is anticipated that the earnings will run somewhere between $1,000,000 and $1,500,000 the first quarter ending :April 1, giving the company a highly encouraging start for '39. Par's earnings for all of '38 is esti- mated by the company, prior to of- ficial announcement of - the figures by the -board- of directors, at $4,096,000. The final quarter of the year thus more than doubled the prior three quarters, this being due in part to year-end declaration of dividends by theatre subsidiaries which are owned wholly or partly by the parent com- pany. Earnings of the theatres to Par as a stockholder amounted to $1,215,000. Profits to parent company do not include $34O,0Ao representing net capital and non-recurring in- come, plus $87,000 profit on purchase of debentures of Par Pictures, Inc. Also not included is $445,000, repre- senting dividends received by Par and its consolidated subsids from non-consolidated subsidiary com- panies in excess of Par's direct and indirect net Interest as a stockliSlder in combined earnings for the last quarter, such excess repi;^nting a partial distribution of share of earn- ings of prior 1938 quarters. 20th and Loew Directors ot 20th-Fox declared a cash dividend of Sdc per share on the common and 37V4c on preferred at the meeting last Thursday (2), covering first quarter ot the year. Both payments will be made March 31 to stock ofi record March 15. Loew's also made- 50c declaration on common, payable March. 31 to stock on record March 14. Loew dividend maintains. $2 annual rate. Jones Loses Tax Appeal On WR Golf Reels' Com Atlanta, March 7. ^ Fifth U. S, circuit court of appeals ■^in New Orleans Friday (3) laid Bobby Jones; former amateur golf champ, a perfect stymie when they turned down his appeal to recover $51,815.17 In income taxes and inter- est paid on. incomes derived from a series of golfing shorts for Warner' Bros. In 1031 and 1933. Jones claimed he did not receive incomes involved, having sold his services to his father for $1,000 an- nually. Government contended that golfer's income was diverted, through his parent. Into trust funds for Bobby's three minor children. MOSS LOSES 1ST TRY TO BAN N.Y. BINGO Eitorts of N. Y. License Commis- sioner Paul Moss to secure a con- viction in Special Sessions court against the Jewel theatre on a charge ot running a lottery have failed. General Sessions Judge Morris Koe- nlg yesterday (Tuesday) removed the case to General from Special Sessions, on motion ot Harry Q. Kosch, attorney for the theatre. Judge Koenig also granted de- fendants a trial by jury, on the grounds that valuable property rights and exceptional circumstances of public interest ai;e involved, and because the ultimate decision would have a far-reaching elTect. The matter now goes ' before a grand jury and indictments will have to be found against the theatre and Its owner, the Belle Theatres, Inc, before case can be brought before a jury. Commissioner Moss had pinned his hopes on a conviction in Special Ses- sions, intending it to . be a test case on which he could revoke the 11. censes of all theatres and non-the- atrical organizations in Greater New York now playing bingo and other prize games. Wisconsin Bank Nleht Test La Crosse, Wis., March 7. Circuit Judge Robert S. Cowie, acting as a private citizen, filed a complaint in circuit court Saturday (4) to test . the legality of bank nights. Complaint names the La Crosse Theatres Co.. which operates five houses here, and the Wclworth Theatres Co., which has two. Complaint claims that the theatres were wilfully violating the constitu- tion and statutes of Wisconsin, It charges that large sums of money 'have been gambled, hazarded and lost by thousands of persons, In- cluding minors.' Judge CowIe stirred a tempest last November when he told the county board here that open gambling had given La Crosse the reputation ot being 'one of the most wide open cities in the stfitc.' Two months earlier the Wclworth Theatres to. had been acquitted of charges ot operating a lottery In the form of bank night. A similar complaint against the La Cro.sse Theatres Co, was also di.smissed at that time. Mich, Scions Plan Ban Detroit, March 7. The Michigan legislature is con- sidering a bill which would declare bingo, kcno and similar games a le- gal entertainment, if sponsored by churches, veteran and fraternal or- ganizations for their own purposes. A similar measure passed the legis- lature last year, but was vetoed by Gov. Frank Murphy. Bill declares that the rafiling of merchandise under tliese circum- stances 'shall not be construed as conducting a lottery, or as gambling, and shall not be in violation of stale laws.' The bill was apparently prompted by a police raid recently on the huge bingo nights held by Moose lodge here. 2 RKO Films in a Row Into R. C. Music Hall Radio City Music Hall has set two RKO pictures iii a row to follow 'Stagecoach,' which goes Into a sec- ond week tomorrow (Thursday). They are 'Love Affair.' opening March 16, and 'The Castles'. 'Dark Victoi-y' on which the Hall has been dickering with Warners is declared to be in doubt. 'King of the Turf (UA), ready for weeks now. Is also doubtful. Par 2 Up on Scribes Hollywood, March 7. Seven writers finished their chores and. checked off the Paramount lot as five more checked in. (Joing out were Ed Beloin, William Morrow, Charles Martin, Garneti Weston, Robertson White and Don- ald Ogden Stewart. Taken on were F. Scott Fitzgerald, Waller Fecris. Franz Schulz, Wllkie Mahoney 'Bna Marion Spitzer. .Wednesdayt March 8, 1939 I VARIETY «7 WIDE ACCLAIM FOR ALL THREE SETTING new standards of quality and per- formance, Eastman^s latest negative films have met with instant approval. Each makes its special contribution • . . fast, fine-grained Flus-X, for general studio work . . . high-speed Super-XX, for all difficult exposures . . . Ultra- fine-grained Background-Xf for backgrounds and all-round exterior work. All three offer the high reliability and photographic quality typical of Eastman sensitized materials. Eastman Kodak Company, Rochester, N. Y. (J. E. Brulatour, Inc., Distributors, Fort Lee, Chicago, Hollywood). EASTMAN Plus-X. . . Super^XX. . . Baekground^X 38 VARIETY PICTURES Wednesday, March 8, 1939 Pitt's No. 1 Stkkup Man Nabbed, But Unarmed; Mgr. Admits Thefts Pittsburgh, March 7. Pittsburgh's greatest wave of the- atre box-oltice robberies came to an end here Thursday night (2) when police nabbed 25-year-old George Plies as he attempted to hold up the Art Cinema, foreign film site. Youth, who said he graduated from Dart- mouth, where he studied journalism, admitted pulling sirnilar jobs at Al- vin. Regent . Scjuare, Liberty and Sheridan Square, all fllm houses, within past 10 days. Alertness of Catherine Smith, cash- ier at Art Cinema, resulted in Plies' *>«vrest. When he approached her booth, his hand inside a coat p3ikcf simulating a pistol, .and commanded her to 'hand it over,' Miss Sm-.lh flashed a light signal to Dorothy Welsh, ticket- taker in the lobby, and she in turn signaled a patrolman on duty inside. Bandit submitted to arrest immediately and it was then discovered he was unarmed. He in- sisted he didn't carry a gun on the other hold-ups, eitlier. For past week, city , authorities have had at least one plainclothes- man stationed at every theatre in town as a result of the recent deluge of robberies. It was the third time in the last year that the Art Cinema had been held up. Plies claimed he had nothing to do with the robbery last week of Beuna Vista Amus. Co. On that job, two gunmen forced their way into the office and forced a girl employee to open tlie safe,' which they relieved of $250. Mgr. Admits Thefts Buffalo, March 7. Edward Gwarek, 21, manager of New dakdale, southside nabe, ad- mitted faking a burglary at the house in order to cover thefts of candy, cash and silverware. Gwarek Is also charged with having split a $60 bank nite prize. ..<*< Detectives revealed that the lucky ticket was fastened in a crack in the keg from which the stubs were pulled. The prize was divided be- tween. Gwarek and a friendy Gwarek pleaded guilty to the charges. $1,000 Akron Fire Akron, March T. Stanley Fitz. operator, was over- come by fumes and $1,000 damage was done to the National theatre, downtown small ie, when Are broke out in the projection room. Only 75 persons were in the house at time, and most of . them remai:.id to watch firemen put out the ulaze. 2ms Ymmi Exhibs Prefer Day of Rest To Sunday Pix Okay Bennington, Vt., March 7. An odd angle of the Sunday film question, up for a vote' at town meet- ings throughout Vermont today (Tuesday), is that independent ex- hibitors in some of the small towns are said to have shov/n no particular desire to obtain an okay. Their in- difference, if not hostility, is predi- cated on the belief that they will gi-oss no more in seven days than in six. Several small town theatre owners are reported to have taken the attitude that they prefer Sunday as a day of rest. In the larger spots, theatre own- ers have helped to mobilize local sentiment for a favorable vote. This is true, too, in certain outer towns. In anticipation of approval by the voters, a number of theatres have tentatively lined up prodyct for screening Sunday (12). Lantz Sues Caravel Los Angeles, March 7. Walter Lantz Productions has flle'd suit for $2,490 against Caravel Films, Inc., as balance due on commercial cartoon made in 1936. Lantz claims Caravel paid only $23,100 on total price of $25,590. New York Theatres THERE'S A BETTER SHOW AT THE "THE SHINING HOUR" tnVCOV BEBLE In Feraon '"TOPPER TAKES A TRIP" Boland Toong CoDDtance Bennett IKUtv Carlisle j .. — Otliem — PARAMOUNTs?uTh'b Mnrtlin Bob BATE HOPE SAY DIE" CHICK WEBB Ana Bnnil Elln Fltzeerold "^"''^ MUSIC HALL CITT UELD OVER "STAGECOACH" Spectacular Stage Productions Till At. a DOtli St. ROXY ALIi OCo TO SEATS I'M. "THE UTTLE PRINCESS" — On tlio StOBO — New SteEo Show "THE SPIRIT OF CULVER" UNITED Dl\/ni I Brondn-nv ABTI8TS niVULI at40llifit. Doon Opts 9:30 A.M. MIDNITE SHOWS Old 'Year' Back Hollywood, March 7.' 'First Year' is being readied for filming at 20th-Fox for the third time, this time under Sol Wurtzel's supervision. Picture was made as a silent by Fox Films in 1926 and as a talker with Janet Gaynor and Charles FarrcU co-starred in 1932. 2 NEW WICHITA HOUSES; MORE BUILDING Wichita, Kan., March 7. Wichita is to have two new thea- tres, one now under construction and the other scheduled to start Immedi- ntely and ready for occupancy by June 15. T. H. Slothower will be the lessor and operator of the 700- scat Sandra, whose estimated cost is $35,000. Slothower now operates the Southern and State theatres here. Tlie 600-seat theater now under construction will be operated by Harold Gibbson and L. L. Gotlschick of Joplin, Mo. Thoy operated the Electric, Joplin, Mo., until its sale to Fox-Midwest. Two for Wilmington Wilmington, Del., March 7. Seaford, Del., south of here, where the DuPont Company has started construction on an $3,000,000 nylon yarn plant, has been getting along all right on; one theatre until an- nouncement of the plant. Now two more will be built. T. E. Ayres, owner of the Palace, has announce^ he .will build a new house on the site of a stone quarry. Schine Circuit will' build across the street. $30e Loot Milwaukee, March 7. Burglars broke into the Classic theatre safe in suburban Watertown early Thursday (2) and escaped with an estimated $300. Entry apparently was gained through a skylight. Trade Confabs (Continued from page 17) draft of the distributors and sub- mitted' one of its own, with subse- quent meetings held, states that 'no further proposals were received in time to permit Allied's Negotiating Committer to make a final report be- fore March 1, as required by the resolution of the Board of Directors.' With the committee having no fur- ther report to make, the board will not be. convened, Allied officially de- clares. The indie exhibitor organization states that as a result of authority expiring March 1, the distiibutdrs are free, however, to submit any further proposals to the general counsel of Allied, for forwarding by mail to the directors for such ac- tion as they may see fit to take. Prolonged Wai(7 Those in the industry who are aWaiting termination of the confer- ences to see conciliation placed in operation, appear to be in for a pro- longed wait. Cancellation, long a bugaboo of some in the business, was again brought out in the light for analysis by several trade, experts during- the past week. The old argument was revived that cancellation is going to cost the com- panies a lot of money. It was pointed out that exhibitors have broken down this thesis and have convinced veterans in the trade that ■cancellation mtghnoncfiivably in- crease revenue rather than cut into a distributors' take. Based on the theory that there are 16,000 regular run picture theatres in this country, averaging four' fea- tures weekly, advocates of the out- lined cancellation point out that there always are 64,000 playdates, whether the cancellation is 10% or 50%. Cancellation averages 10%, but it runs up to 20%. In actual practice, j 10% of the cheaper pictures would I be supplanted by more expensive ] product. It Is strictly up to the ex- jhibitor to decide whether he wants I to hold a picture over, cancel out some product or leave the setup as I Is. Theatres and Exchanges Everett Leaves Republic Refusing a transfer to New York, H. H. Everett, district manager for Republic in the southeast, headquar- tering at Charlotte, has resigned from the company. Rep wanted to bring him into the home office. Be- cause of future plans, npw not an- nounced, he wants to remain in Char- lotte. Clair Hilgers, special representa- tive in the south tor Rep the past six months, succeeds Everett. He will riiake his headquarters in Atlanta instead of Charlotte. '.Schlnc'a Switches Syracuse, March 7. - Another wholesale string of changes in upstate New York Schinc chain personnel has been c(Tect While' there was room lor doubt and debate, many watchers feared the enumeration of these items means the Commish will call on the carpet proprietors of stations which air such' material. It was noted that the majority report failed to define some of the terms— leaving broad- casters in a worse quandary than ever before — such as 'children's pro- grams,' 'liquor and cigaret advertis- ing,' 'too much advertising,' and 'too many recorded programs.' One wing of the radio-legal fra- ternity found dubious comfort in the fact that the majority did not state positively that violation of any of these canons should afford ground for punishment But even the most optimistic watchers agreed it is im- possible to ascertain exactly what was in mind when these possible offenses were listed. Heedle^ Publicity For Accused Stations Avoided By adopting the majority report, the Commish agreed that some re- forms are advisable in the campaign to improve the industry's conduct. Besides scrapping temporary licenses, the Commish decided to hush up preliminary inquiries — which have caused serious injury to many op- erators in .the past .and to avoid making unreasonable demands for information from statipn manage- ments. On the whole, however, there is no majof difference between the practice of the past few months and the -course recommended- and adopted for the future. The majority noted that, out of approximately 50. complaints weekly, about 90% deserve little or no con- sideration. Handling of the remain- ing 10% — those 'which on their face appear to warrant some investiga- tion' — was the principal subject of the memorandum, and the sole issue between the Sykes-Payne duo and Craven. Majority recommended the Law Department make such inquiry 'as may appear warranted' of the serious-looking criticism, finally recommending whether a' license- renewal plea should be carded for hearing or revocation steps should be taken. The wave of fear was due to the rejection of Craven's eight page mi- nority report, which emphasized the necessity of observing^jestraints im- posed by the Constitution as well as by the 1934 Act, and McNinch's de- nunciation of the latter. While he trailed with the majority as far . as they went, the former Chief Engi- neer advocated a much different pro- cedure in keeping the industry up to scratch, recommending abandonment of both past and present methods of punishing misconduct. Custom . of slating renewal pleas I NOW IN EDITORIAL AND ADVERTISING PREPARAHON for hearing because of listener com- plaints was roundly rapped by the lone dissenter, who echoed industry protests about the regulators' being both prosecutor and judge. He re- marked that often 'there is no real intention, of inflicting the extreme punishment,' even if the complaint turns out to be well-based, and that licensees have been 'subjected to severe punishment by the publicity and whispering campaigns carried on by rivals.' In such cases, 'the public, station employees, adverlis- ers, and competitors are naturally led to believe that the station's li- cense is in real jeopardy,' ex-naval officer observed. Principles advocated by Craven, conforming closely tci the ideas of legal advisors and many industry heads, are: 1. Turn over to the Justice .De- partment for analysis and possible court action all charges of conduct contrary to criminal provisions of the Act or in disregard of Commish regulations. 2. Refer to appropriate other agencies (Federal Trade Commission, Food and Drug Administration, Post Office Department, etc.) complaints about programs which may violate laws other than the Communications Act. . 3. Make a distinction between single or infrequent transgressions and 'serious and repeated offenses.' 4. Resort to either renewal hear- ings or revocation proceedings, only after investigation produces 'a prima facie 'case based upon such substan- tial evidence, secured over a period of time, as will indicate the actual program service of the station and consequently, the capability, of its licensee to operate the station in the public interest' Bringing the issue to a head. Cra- ven stressed the desirability of avoid- ing any. policies which have the. ef- fect of 'announcing or applying any standard likely to encourage or force licensees to exercise private censor- ship' or which would compel, di- rectly or indirectly, carrying of 'pro- grams which the Commission thinks best for the public' He advised that while the Commish may discipline station owners it is imperative to guard against any course which 'would tend to destroy ,the very life- blood of broadcasting in this coun- try and vitiate the ' value of this great, modern medium of mass com- munication.'- 'Minor or isolated offenses ^ould not be made the basis of exbeme forms, of discipline,' Craven asserted. 'Part of the price that is necessarily paid for the great liberty of freedom of expression is that it will occasion- ally be abused, but trivial or scat- tered offenses do not justify sur- rendering this freedom.' In the case of conduct which may look like disregard for public inter- est, or may be in violation of spe- cific acts or rules, Craven suggested this procedure: 1. A report from the Law Depart- ment as to the nature and serious- ness of tiie offense; the Commission's jurisdiction, and the sort o( action indicated. 2. Careful weighing of the facts before deciding to (1) file the memo with the station's record; (?) make formal investigation; (3) reference to the Justice Department; (4) ref- erence to appropriate other agency; (5) letter informing licensee of find- ings; (6) revocation proceedings; or 0) renewal hearing.' Chicle Talent Qnest May Tom to Actors Past 40; Wrigley, Atlass Pender Hollywood, March 7. Decision is. expected to be reached this- week at conferences between H. Leslie Atlass and P. K Wrigley in Chicago for a change of quarry on tht Gateway to Hollywood program. It's pretty d.eflnite that the hunt for youngsters will not be continued on the second quarter and that the ob- jects of the search will be character actors from -40 to 55 years old or singers of all ages.~ Although Rachelle Germano of Frisco was eliminated on last week's semi-finals, she drew a stock contract from RKO, 14 Types of Program Toison Wasliiiigton, March 7. FCC has hinted (sec story in adjacent coUitnu) the kifid of (jrograiu that will almost certainly evoke displeasure and involve possible discipline or deletion for ofTciiding sta- tions. Broadcasters are warned against; 1. Fortune telling in any form. 2. Astrology or other (ake sciences. 3. .Solicitation of funds. 4. False, fraudulent or misleading advertising. 5. Defamatory statements. 6. Failure to allow equal opportimit}' to di.scuss all sides of controversial issues. 7. Programs bordering upon tiie obscene. 8. Programs olTending religious or racial groups. 9. Taking sides (as broadcnsters) on political, religious or racial matters. 10. ClifF-hanger kid shows. 1 1 . Booze glorification. 12. Interrupting concerts or music to insert advertising announcements. 13. Too; much advertising in general. 14. Too many phonograph records. WLW to Seek Recovery of 500 Kw.; Puts Through \% Token Reduction' Altoona Times-Tribune Resumes Radio Column Latest example, of a newspaper abolishing its radio column as an experiment and reinstating it be- cause of reader sentiment, is the Altoona TimeS-Tribune. Few weeks ago the sheet cut out the daily stuff written by Paul LeRoy Lamade, radio ed, to see what would happen. Logs were left undisturbed. Move occasioned some disfavor with readers, so Lamade's gossip and chatter is being put back in starting tomorrow (Thursday). 'Jack Armstrong' Show To Knox-Reeves Along With Wheaties Account Chicago, March 7. 'Jack Armstrong' serial which Is currently sponsored by Wheaties through the Blackett-Sample-Hum- mert agency here will go with the General Mills account when Wheat- ies shifts completely to the Knox- Reeve^ agency on June 1. In view of the K-R acquisition of booking job on this program, B-S-H here is now casting about for a new kid show to uise for the General Mills Korn-Kix product which stays in the B-S-H fold. Currently B-S-H has 'The Happy Gilmans' pluggino, this new break- fast food, but the agency feels that the product, which is primarily a kid item, would do better with a show that appeals to youngsters as well as adults. 'Gilmans' is a family show aimed primarily at the matrons. ONE RADIO BILL OFF, OTHER STHl PENDS Boston, March 7. Introducers of a petition for a bill creating . a state radio commission with powers to license and regulate all Massachusetts stations were granted leave last week to -withdraw the paper. Under the measure a commission of three -persons would have been appointed by the governor and failure to obtain a license would mean a fine of $5,000 or a year in prison or both. Still pending before the same legis- lature is a bill bearing on the ques- tion of broadcast libel, defamation, profanity and obscenity. This bill would make it mandatory for the station to supply state authorities in advance with the transcription of a political or public affairs broadcast Stations would be required to shut off a broadcast if the speaker devi- ated from the transcril>ed version. Alfalfa on B'way Hollywood, March 7. With the race season nearing the finish, Lum and Abner are consider- ing a two-week broadcasting stand in New York. Rustics haye had several nags running at Santa Anita. Cincinnati, March 7. WLW will continue its fight to re- gain SOO,000-watt power. So states James D. Shouse, general manager of the Crosley Corporation's broad- casting division, to Variety. Last week the U. S. Circuit Court of Appeals in Washington refused to grant the station's plea for a stay of the FCC order, by which the - signal was reduced to 50,000 watts March 1. 'That action,' says Shouse, 'has not discouraged us. We feel that there is a fair chance for WLW to have its super power restored within a' month or so. The matter has ended with the Federal Coinmunications Com- mission and is now purely a legal case. There is no ill feeling between tlie FCC and our organization. Our next step, which will probably ba taken within two weeks, is to prie- sent arguments in tite U. S. Circuit Court of Appeals in Washington sup- porting WLW's cause for restoration- ot super power. Our counsel will take time to properly prepare such arguments.' ° Shouse indicated - that the case would be' taken to higher courts If need be. When WLW's power reduction was mr.dc effective, last w«ek, Shouse issued tlie following statement con- cerning the station's commercial' rates: 'WLW at 50 kw will make a gen- eral rate reduction of 10% to all current running accounts. This is pufely a token reduction, inasmuch a;; it establishes the base WLW rate lower than the $1,152 per evening hour rate in effect since Sept 1. 1930, also at 50 kws, since which time the average clear channel station rate increase has been about 70%. Bear- ing in mind our night time half mil- livolt line still includes Southern Canada and all of continental United States, north, cast and south, and is eft'ected on the west only by retrac- tion from Billings, Mont., to James- town, N. D., WLW thus established as more than ever the greatest buy in radio.'' Speaking about the effect the pow- er cut will have on the WLW staff, Shouse stated: 'Whatever personnel changes will be made will be minor ones. There will be no drastic rer ductions.' Shouse stated Monday not a singlo account had been dropped becau.se of power cut and that there were uo indications of cancellations. WNAXJankton,S.DalL99 Min. /Box Social' Charges 25c in City Anditorinni Yankton, S. D., March 7. Saturday night barn dance will be instituted by WNAX here, according to plans set by sales' chief Haydn Evans. Will get started on April IS and will be known as the 'Box So- cial' in order to get away from the much-used 'barn dance' moniker. Will play to regular audiences and has made deal for use of the big Civic auditorium, with admission to be set at 25c. per. Will air 30 min- utes ot the 90-minute show. Wednesday, March 8, 1939 RADIO VARIETY 41 Chain Income from Time Sales NBC 1939 1938 1937 1936 January $4,033,900 $3,793,516 $3,541,999 $2,681,815 February 3,748,695 3,498,053 3,295,782 2,714,300 ToUl ....$7,782,595 $7,291,569 $6,837,781 $5,396,115 GBS 1939 1938 1937 1936 January $2,674,057 $2,879,945 $2,378,620 $1,901,023 February 2,541.542 2,680,335 2,264,317 1,909,146 ToUl ; '•• $5,215,599 $5,560,280 $4,642,937 $3,810,169 MUTUAL 1939 1938 1937 January $315,078 $269,894 $213,748 February 276,605 253,250 231,286 Total ; $591,683 $523,144 $445,034 NBC s February Tally, $3,748,695; Columbia Net Grossed $2,541,542 NBC red (WEAP) link ran as much as 10% ahead oi Columbia in the gross billings of the respective networks last month. Otherwise the comparative income' setups fop NBC and CBS were very much liktj they have been ^ince April, 1938. NBC as a whole was up 7.2% as compared to February of last year, Columbia was 5.2% off and Mutual showed a gain ot 9.2%. Gross billings of NBC in February were $3,748,695, with the red ac- counting for $2,823,497 and the blue t on March 6. 1931. MARS, RALSTON PERK UP BLUE AND CHICAGO . Chicago, March 7. Latest advertiser to be added to the roster of NBC Blue web users is the Mars Candy Co., which will stiart a weekly 30-minute spread over a 14-station hookup starting on April 1. Mars is using a quiz type program with audience participation. Will be called 'Prof. I. Q.' and will utilize standard information questions of general interest. Time: 9:30 p.m., CST. Grant agency here set the deal. Ralston's 'Inside Story,' which was tested on the Coast on Columbia starts on March 14 over a coast-to- coast Blue web through the Gard- ner agency.. This show, as the Mars program, will originate in Chicago. On the fire for additional Blue web usage are a flour and a candy com- pany, with the contracts reported near signature. In nearly all instances the shows will be Chicago origination, mark- ing a spurt in Chicago production. Duchin, Kyser Broadcast Butt Shows from Cleve. Cleveland, March 7. Eddie Duchin is piping his Pall- Mail show through WTAM for two weeks while his band is playing dance dates in Cleveland territory. Morton Downey flew in Monday (6) for first broadcast and is coming back next Monday (13) for final one, allowing Duchin to play for. Western Reserve prom here March 24 as well as a split-week in Akron's RKO theatre. Kay Kyser is airing his Lucky Strike show over WTAM, too, dur- ing his vaude appearance at RKO Palace in Cleveland week of March 10. Kyser turned down station's ofler to use its biggest studio, and will stage his broadcast March 15 in Carter Hotel's Rainbow Room, which has capacity of 1,200. HILLBILLY STUFF BIG Consolidated Drug Products 14 Hours Weekly on WHAS WHN, DUE FOR 50 KW. UNDER HAVANA PACT, SUGGESTS WHITE NETWORK TO NBC Louisville, March 7. Hillbilly talent is finding plenty of employment on WHAS lately, with Consolidated Drug Products boosting its total hours on the sta- tion to 14^ weekly. First stanza is on for a solid hour, 7 to 8 a.m., titled 'Early Morning Jamboree.' After- riooii session is labelled 'Home Folks Jamboree' which hits the aU: from 3 to 4 p.m., Mondays through Satur- days. Asher and Little Jimmie, assisted by Jim's little brother, Buddie, hill- billy singing and guitar, are filling two 15-minute spots dally, Mondays through Fridays, on behalf of Peruna. Giveaways are a bible, calendar-thermometer, and photos of the Sizemore family. In addition to the Consolidated Drug airings, the station carries a lengthy hillbilly show each Satur- day night, Kentucky Play Party, on which the station's array of nasal vocalists- and guitar pluckers strut their stuff. PAUL SUUIVAN GOING TO WHAS, LOUISVniE . Cincinnati, March 7. Paul Sullivan, newscaster, who signed last week to join WHAS, Louisville, May 1, after expiration of his present contract with the Crosley Corp., has been taken off his twice-nightly spots on WLW and put on standby announcements on small- ie WSAL Peter Grant, chief of the WLW-WSAI staff of announcers and who has been doing newscasts for long, replaced Sullivan on WLW'«- 11 p. m. stanza. Highest-salaried spieler for all time on the Crosley stations, Sulli- van takes rank as radio's probable best-paid standby announcer by rea- son of the demotion, which does not lessen his contracted weekly compen- sation. Sullivan was signatured for the Louisville station by Bob Kennett, program director, who formerly was program director of WLW. On WHAS Sullivan will do' a newscaist at 10 p. m. CiST, nightly except Sun- day, which is the same EST time as he has been heard on WLW. He will be sponsored by the Brown & Williamson Tobacco Co. According to Kennett, Sullivan will spread to a CBS net broadcast after several months on WHAS. Unlikely That NBC Could Entertain Proposal Under Existing Conditions — Columbia Has Always Side- stepped Secondary Coverage Quick Twist Informed of a fractional drop in his C-A.B. rating, Goodnrian Ace quipped: 'People seem to be giving up good things during Lent' NEW YORK FUND DEMANDS 3-HR. CUFFO New York stations, particularly those releasing network programs, are disturbed by the suggestion of p.a.'s handling. the Greater New York Fund that the 6 to . 9 p.m. stretch Sunday, April 16, be set aside ex- clusively for the opening broadcast of the charity campaign. The broad- casters are in sympathy with the fund's idea of getting a peak audi- ence but they think that listeners might . not be so syinpathetic about being deprived of the week's top ratings shows. Last year the fund sequestered but 90 minutes for the same purpose. It was a Thursday evening, with the event starting at 9 p.m. and going over practically all New York sta- tions. Wurlitzer Retail Stores To Schwimmer & Scott Chicago, March 7. Schwimmer & Scott agency here has signatured as ad agency for all Wurlitzer retail store copy and billing on a one-year agreement. S. & S. has spotted Wurlitzer re- tail stores on the ether in some 12 cities across the nation and expects to add several more key cities to the list. . Rockwell-O'Keefe now repping Irene Beasley. SYKES READY TO QUIT FCC Washington, March 7. First break in the FCC ranks under fire from Congress and. out- side was indicated this week with forecasts that Judge . Eugene O. Sykes, veteran of more than 10 years' Federal service, is quitting at the end of the month to resume law practice. No verification, but all in- dications were the Mississippian, who served as chairman of the pres- ent agency at the outset, will hang out his shingle and upset the bal- ance of power. Departure of one of the. 'four musketeers' — Chairman Frank R. McNinch, Thad H. Brown, and Paul A. Walker are the others — who have dominated decisions and operations during the recent unpleasantness was reported due to disgust occasioned by the internal feuding and the con- tinued condemnation of the agency. Reports caused, universal surprise, although intimates have reported in recent weeks that Sykes was reach- ing the end of his patience and de- sired to step down into the relative quiet of the legal profession. He was said to have shown signs of doubt about the course the FCC has been following, although normally he has trailed along dutifully behind Mc- Ninch- in every important contro- versy. Outwardly Placid Widely known among members of the industry, Sykes has appeared outwardly placid during the shout- ing and shooting of the past three years.. In private discussions about the uproar, he has calmly remarked, 'I've seen them come — and I've seen them go' during his service with the old Federal Radio Commission, to which he was an original appointee, and with its successor. He and Com- missioner Brown are the only two of the FRC quintet who were carried over by President Roosevelt when the FCC was set up in the summer of 1934. Published reports of his decision to quit the Government drew no comment from the veteran this week. He answered inquiries with a genial 'nothing to say,' although some indi- viduals closely associated with him understood he was seriously consid- ering presenting his resignation. From Commish sources camie reports he will reach a conclusion in the next 10 days. Tri-City Network of Facsimile (Radio Newsprint) Begins Tryouts March 12 WHN, New York, is trying to sell NBC on . the idea of organizing a third link, to be known as the White Network, with the Loew station serving as the local key. WHN has the right under the Havana Treaty to boost its power -to 50,000 watts. It would, under the circumstan(;es, assume the status of a class B fre- qnency, using a diirectional antenna of north and south . persuasion and setting up a shield against radia-. tions toward the west. Under the suggested plan ttje White would become a secondary network, absorbing a majority of the Blue's atfiliations outside the basic area and in the supplementary groups. The Blue Network itself would be developed into a sort of magazine coverage proposition, lim- ited to around IS major markets. As for the Red Network, it would have its station lineup augmented to the point where in aggregate number and power it would rate as the country's biggest network. Belief around the trade is that, even if NBC were interested in the idea, it woudn't think of entering such undertaking at this time, chiefly since the Federal Communi- cations Commission has yet to hand down its findings on the recent monopoly investigation. In past years attempts have been, made by officials 'within Columbia's organization to sell William S. Paley on a junior network project, but the CBS prez at no time has shown an , inclination to pursue it beyond the '' on-paper stage. Sam Pickard, the former v.p. in charge of CBS sta- tion relations, was the last to sub- mit a elaborate presentation on the junior network, proposal. Amos 'n' Andy to CBS On Airril 3;tBS Summer Policy Still Not Set Amos 'n' Andy move over to a CBS hookup April 3. Switch was motivated by Campbell Soup's wish to garner a su);stantial discount by having all its business on the books of one network. Columbia itself con- trols the Orson Welles show which Campbell underwrites of . a Friday night ov.er that link. A & A will have comi^leted 10 years on NBC this .Aug. 19. CBS hasn't decided whether it will allow the Welles show and Amos 'n' Andy to go off for vacations during the coming summer. Understood that Edwin C. H'll, also now on NBC, washes up lor Campbell in April. $270,000 IN DIMES CLEARED BY RADIO By JOE KOlIiING - - Cincinnati, March 7. Now comes- a facsimile network! ' Plans for the setup, were being de- cided upon today (Tuesday) at a meeting here of Mutual Broadcast- ing System engineers from New York and Chicago and engineers of the Crosley Corp., Cincy. Co-op arrangement calls for use of the Mutual network's lines be- tween WbR, New York; WGN, Chi- cago, and WLW here to transmit an hour of copy each on designated nights, after regular sign-off time. First such joint broadcast will be made March 12. Persons with fac- simile sets in the proximitjCbf the three cities will thus be enabled to get nine feet of copy from three different points. Duplications will be avoided by the second and third stations checking on earlier copy.- How many times a week the'three- way transmissions will be inade is to t>e decided after the experiment has been tried for a short while. An expensive item of facsimile transmission is the setting of type and art work in the original copy. Co-op plan will be mutually advan- tageous by cutting such expense for the stations involved, allowing them a two-thirds savings jon a three-hour hookup. Further economy will re- sult from use of the Mutual sys tem's intra facilities. . Washington, March 7. Radio's pulling power for charity was established beyond doubt by the results of this year's infantile paralysis appeal. Check showed last week that stations handled a flood of $270,000 of donations in Ihe form of ten-cent pieces during i'\e 'March of Dimes.' More than th:-:e times as big as the collections in 1937. Praise for . the aid of microphone spielers was voiced by George E. Allen, one of the heads of the Birth- day Ball group. Figures tell the story .'better than words or congratu- lations,' Allen remarked. Rnppert Beer Folds . Ruppert beer folds its twice week- ly musical program on WEAP, N. Y., with the March 17 broadcast and will use Stan Lomax, sports commenta- tor, on WOR, Newark, starting April 1. It will be three quarter-hours a week. Run on WEAF will have been 26 weeks. . Same agency, ' Lennen & Mitchell, has the Tidewater Oil account which Lomax spiels for three other day& ot the week. 42 VARIETY RADIO Wednesday, March 8, 1939 AFRA Adjustments, If Any, W91 Be Made After Ample Data Is on Hand; Pacific Rates One-Third Less Reformed? Tiffany Thayer, who authored such flaming passion novel? as 'Seven Men,' 'Seven Women' -and 'The Old Goat,' has been doc- toring the 'Howie Wing' scripts at J. Waller Thompson. Before dippins into kiddie tare Thayer did radio commercial writing for the same agency. Babbitt Decides to Absorb $450 Cost AFRA Rebroadcast Scale Imposes Reports of wholesale cast reduc tions, rebroadcast cancellations and program discontinuances due to. the application of the American Federa' tion of Radio Artists code are scout ed by offlcials of the union and not borne out by independent observa- tion. Leaders indicate they will re- fuse to be stampeded by such stories, but will -wait for conditions to be- come thoroughly settled before con- sidermg any adjustment. Even then, ifSs explained, the problem will be studied carefully before any action is taken. It was expected that an immediate result of the code's enforcement would be the dropping of certain programs and cutting down on others. Numerous reasons are of- fered for such tactics. For example, it is conceded that some sponsors would become panicky at the pros- pect of increased costs due to the new code . and would cancel their shows or drastically reduce talent. In a few cases it was anticipated that sponsor or agency irritation at the AFRA victory might result in some cancellations. Also, it was thought likely that some, agencies might deliberately cut down as much as possible to create the impression that the code is injurious to the in- dustry. It is to allow any or all these factors to become properly adjusted that AFRA-'.is refusing to be hurried into making concessions. Meantime, the union may possibly undertake a survey of the situation from all an gles, as the basis for any future ac tion on the question. Dollars Vs. % As for specific reports of programs cancelling rebroadcasts tO; the Coast because of the increased fees, AFRA execs refuse to take them seriously. While the upped costs sound pro- hibitive if put in terms of percent- ages, the union claims the actual dollars and cents increase is negli gible compared to prices for network time and the potential market to be reached. For instance, it is explained that the rebroadcast fee for a IS minute show is $10, compared to $15 for the regular broadcast, or an ad- ditional cost of 65%. But the total boost for a 20-character dramatic show woiild amount to only $200. Compared to the cost for lime and the potential listening public on the Coast, the union regards that increase as trifling. Certain members of the AFRA na^- tional board admit privately, how- ever, that some specific scales in the code may be too high. They , refer particularly to the fee for large groups of singers. • For example, the Thank You, VARIETY! WSM is proud of this confirmation of her tradi- tional policy of service to her far flung audience. WSM asks only an opportunity to demonstrate how this service tradition can, and does, react to the advantage of WSM advertisers. scale for singers in choirs is $14, with an additional $4 an hour rehearsal fee. Coast Production Break San Francisco, March 7. New commercial scale for radio artists, appearing' on regional net- works in the U western states was discussed here last week in confabs between Emily Holt, executive sec- retary of the American Federation of Radio Artists, secretary Vie' Con- nors and other execs of the local AFRA chapter, and I. B. KornWum, executive secretary of the Los An- geles chapter. Scale agreed upon is said to be approximately one-third less than that set for . coast-to-coast commercial shows. All differences between the local and Los Angeles AFRA units were ironed out before Mrs. Holt left for New York, where the rates will be submitted to a standing committee organized by ad- vertising agencies to meet with AFRA to settle all such demands. Although no figures were divulged, local AFRA execs claim the Coast will get the break from sponsors under the proposed new set-up, be- cause the western scale will be so far below eastern rates that it will be to the sponsors' ad vantage, to try out on the Coast any shows being considered for national consumption. The Coast scale, it is said, will be such that it will enable sponsors to cover more territory for less money. Mutual Takes Basketball Nationals from Denver As usual. Mutual will air the Na- tional AAU championship basketball tournament from Denver Municipal auditorium, originating from station KFEL, Denver. Broadcasts will take place March 17-18. Shows will be taken by network stations on a local participating ar- rangement. Bill Welch and Joe Myers will handle the pass-by-pass description. Sheboygan Makes Power Boost a Civic Event Sheboygan, Wis., March 7. WHBL celebrated its boost of power from 250 to 1,000 watts last week with a banquet to 150 business and social leaders in the community. Walter J. Kohler,. former governor, turned the switch. Ed Cunnifl is the manager. Sta- tion is owned and operated by the Sheboygan Press. Libel Alleged Vs. KGLO Mason City, la., March 7. KGLO is defendant in $10,000 libel suit filed in district coUrt here by Helen Schultz Brewer, once Iowa's 'Bus Queen,' . now retired. She charges KGLO broadcast a -news story which said she had been ad- judged insane. She olso charges she •had enjoyed and had good reputa- tion in the community' before the broadcast complained of. Brewer suit asks $5,000 actual damages and another flye G's ex- emplary damages 'because of the malice in the publication thereof,' her petition alleging the story 'was known by the defendant to be false and untrue at the time the same was published and broadcast' Cosby Joins KXOK St. Louis, March 7. Clarence G. Cosby, who left KWK on Feb. 1 after having been asso- ciated with the station for nine years as gen, mgr., has joined KXOK, in charge of national sales. KXOK, owned and operated by the St. Louis Star-Times Publishing Co., publisher of the Star-Times, a p.m. rag, is the newest station here, having been in operation less than 12 months. B. T. Babbitt & Co. has withdrawn th^ cancellation order 'on the trans- cription broadcasts of 'David Harum' over WOR, Newar-k: KNX. Los Angeles, and KPO, San Francisco. The cancellation had been put iii when it was realized that the con- tract with the American Federation of Radio Actors would involve an addition of $450 to the serial's pay- roll. Babbitt has decided to absorb the extra talent : charges. WOR records the program from the same line that feeds the show to WEAF, N. Y., and the red link, and rebroadcasts the installnient later in the day. Other supplemental broad- casts of similar arrangement which WOR now carries are 'Myrt 'n' Marge,' 'Hilltop House' and 'The Goldbergs.' ETHEL HAWES-BEN LEVIN END 12-YR.PARTNERSHIP Haziness Marks AFRA-Writers Guild Dicker; On Again-Off Again Stuff Question of jurisdiction over radio authors, at issue for the last few months between the American Fed- eration of Radio Artists and the Ra- dio Writers Guild, grew much more involved this week. Reports from the Coast that the matter had been settled and a subsequent story , that the AFRA*^ national board had ap- proved the action were both denied. With the original statements being reiterated, the whole question is enveloped in a thick fog of conflict- ing claims and hush-huch tactics. According to word from the Coast, a meeting of a joint AFRA-RWG committee last Tuesday night (31) passed a resolution, subject to ap- proval by the AFRA national board, awarding national jurisdiction over all radio scripters to the Radio Writers Guild. Although the word- ing of the agreement was vague and open to misconstruction, it appeared to call for an altered setup of the Guild on a national scale, with the council increased to 30 members, of whom the Los Angeles, Chicago and New York areas would each name 10. Thoueht It All Set Arrangement for the transfer to the Guild within 60 days of all scripters now in AFRA was also set, with actual details left to a joint steering committee to be selected l-ater. Resolution stated in- fairly- clear terms that AFRA conceded the jurisdiction to the Guild. Henry Fiske Carlton and Mrs.. Ruth Adams Knight, who had been sent from New York by the Guild to sit in on the huddles, planed back east later in the week, apparently in the belief that the whole issue had been settled and that an outright break between the two organizations had been averted. AFRA national board considered the matter at its regular meeting Thursday night (2) and was reported to havfe approved the action of the Coast group and also to have passed a supplementary resolution pledging 'coopefttion' with the Guild. When word of the action of the two meet- ings was revealed, however, it was emphatically denied by AFRA rep- resentatives both in New York and Los Angeles. At both sources it was stated that no decision regarding jurisdiction had been reached, but that the matter had merely been 'discussed.' Guild officials expressed themselves as mystified. Wonder was expressed by individual AFRA members at the union's denial of the reports, while the reason for secrecy in the matter was also ques- tioned. Cleveland, March 7. Partnership of Ethel Hawcs and Ben Levin, who collabcd in home economics programs over WGAR and defunct WJAY for 12 years, blew up last week. Dissension rumored to be caused by conflicting policy opinions for their proposed Merchandise Mart, Inc., which has been postponing its proem Jjr the last six months. Her new partner may be Charles L. Burns, one-time owner of WJAY, who will take Levin's place as di- rector of the mart. Venture is a new wrinkle in displaying and pro- moting products of national manu- facturers, using a radio set-up for lectures, demonstrations, etc. Burns has been trying to crash into radio business since he sold WJAY to newspaper corporation, which renamed it WCLE. He and several food-terminal magnates re- cently applied to FCC for permit to open a fifth station in Cleveland, but were turned down on grounds that to.;n had enough stations. No,w.lels see ., . . Z we rece.ived an Amerjcani7.alion award . . won q Vanely Showmanship plaque . . and last week were presented wiih ihe "Award o( Repewal." for anolher year by Proctor d Gamble. Ol coors*. we receive Advertising "Awards oi Renewal-, quite often. . Il.'s onJy, natural, lor they are based on our "Sales AwoTci';- which Sponsors get every day" When Ihey exploil "The Italo-American Way! ' NEW YORK 1000 WATTS THE INTERNATIONAL aROADCASTINC CORP JJ jjSl NEW YORK 5000 WATTS r Wednesday, March 8, 1939 RADIO VARIETY 43 KXOK Got Its License on Phoney Promises, KSD Claims in FCC Rap St. Louis, March 7. Feud between the St. Louis Post- Dispatch and St. Louis Star-Times, rival p.m. rags, and operators of KSD and KXOX, respectively, burst forth anew last week when KSD filed a 43-page petition for general and special relief with FCC after KXOK had applied for 5,000 days, 1,000 nights on 630. Brief filed virtually implies, thirough. excerpts of testimony from past . hearings at FCC, that Star-Times misrepresented and mislead commish v/bcn station was granted 1,000 watts on 1250. Citing early history KSD's petition implies that Star-Times which also owns KFRU, Columbia, Mo., traf- flc'.ted in licenses. This action of KSD brings up an old feud between both rags and the Lutherans who operate KFUO and take some of KSD's time cream. In presenting Star-Times case for 1250, one J. 'Bill' Williams, testified that 38% of the time would be used for local, ciyic, labor, charitable, religious and. educational programs. After six months of operation KSD calls this in error. Also in tlie document: Star-Times stated that news broad- casts would be unsponsorcd and for the benefit of the community. Peti- tion alleges .that.' hews airings, are sold to breweries and clothiers. Statement that Dr. Henry J. Gcrlingi superintendent of the St. Louis Board of Education, promised to broadcast regular sked over KXOK also is challenged. St. Louis Public School programs are aired regularly over the St. Louis University .station, WKW. ■ All other stations in St. Louis, WIL. WEW, KFUO, KMOX and KWK have been advised of KSD's petition of action and the St. Louis radio pot is really going to boil, with WEW searching for full time; KFUO wanting a divorce from KSD; WIL injured because of law suits result- ing from its efforts to protect their right to increased power and time, and hints of trafficking in wave- lengths. Nature of relief requested by KSD recommends to the commish that it is entitled to 630 and suggests swap between KXOK- and KSD whereby KXOK would share time with KFUO instead of KSD. Both KFUO and. KSD have been trying- to be divorced for more than five years. In January KSD withdrew its appeal filed in the United States District CouKt of Appeals in Washington, D. C, after the FCC had denied its application for full time. J. Frank Burke of KFVD Gets California Position Sacramento, March 7. J. Frank Burke, president of radio station KFVD, Los Angeles, and former Santa Ana publisher and primary . campaign manager for Governor Culbert L. Olson, was named ' a member of the State Board of Control this week. At the same time Burke's daugh- ter, Mrs. Mary Burke King, for- mer newspaper womap, was ap- pointed a member of the board of trustees of the California Institution for Women. HOLLYWOOD CROWDED Program Influx Taxes Chain "Studio Facilities Helen Hayes is set for Edgar Bergen's first Chase & Sanborn show in N. Y; March 12, while the troupe is vacationing east. Hollywood, March 7. Heavy influx of programs from the east has network heads worried about studio accommodations. With Professor Quiz, Bob Trout, Ben Ber- nie and Robert Benchley either here or heading this way in the next six _ weeks, CBS is looking around for \ Regional Webs Reveal Operations As FCC Hearings Continue Washington, March 7. Operations and practices of radio's new remote spots or doubling up in ji'i brother networks— the regional their rental theatres. ' groups— highlighted by disclosure Oa'Jf^el^nnrTrUKith^^V,^^^ uiuautaoia auu nuuy vaiiee week's by FCC chain-monopoly probe March 16. letter's stand is indefi- 1 .. ... ,, „, . „ nite as^he has a picture to do at Shepard Hires Aide Boston, March . 7. Robert T. Bartley, former director of the telegraph division in the Fed- .e'ral Communications Commission, has been hired by John Shepard, 3rd, head of the Yankee Network, to be his executive secretary. Bartley takes over March 27. paraded across the witness stand, Informal business methods of Pacific Broadcasting Co., loose asso- ciation of 14 Oregon and Washington transmitters linked to provide outlets for Don Lee and Mutual webs in the Northwest, were related by Carl E. Haymond, owner of KMO, "Tacoma, and KIT, Yakima, and president of the organization. Plants were pre- viously unable to get network af- filiations because of high line costs. With Pacific underwriting, the monthly cost of phone lines connect- ing the various stations with Don Ijee — Mutual at San Francisco, runs at least $9,400 monthly, with 1938 out- lay totaling $131,324. The stations give seven tree night hours weekly instead of paying for wires, Haymond explained. ' From sale of the gratis time, the company had gross revenues in last fiscal year of $125,825 and expenses of $124,320, leaving profit of $1,504. Haymqnd puzzled the Commish by remarking that while no salaries were paid of- ficers each of three directors got dividends of a. little over $3,000. The $9,000 item was included in the ex- . pcnses, he explained. $100 Investment Virginia Broadcasting System, ac- cording to the S. C. Ondarcho, mana- (Continued on page 60) TRANSAMERICAN INTO NEW STUDIOS APRIL 1 Transamerican Broadcasting & Television Corp'. is moving April 1 to new. quartei-s. It has taken the three upper stories of the old Aeolian building in upper Fifth avenue. Two floors will be devoted to executive and general oft'ices while the top floor will be used for tlie production department and studios. Technical setup will be so ar- ranged as to allow for the feeding of Transamerican-produced shows di- rect to the networks. Two Trans- merk serials that are slated to orig- inate immediately from the new stu- dios are 'Life Can Be Beautiful' and This Day Is Ours,' both of which are backed by Procter & Gamble over CBS. WMCA, N. Y.'s studios are now being leased for this purpose. DUDLEY MUDGE AT B-S-H Chicago, March 7. Dudley Mudge has joined the Blackett-Sample-Hummert agency here as account exec. Not yet as- signed to specific client, however. Mudg^ w.as -formerly with the J. Waiter Thompson outfit. ns f| Mwiotui RiraESoinnvES : EDWARD PETM' A €0i '' ON THE NBC RED NETWORK ITH INCREASING MOMENTUM with each passing month ... a new star has been in the making at WLW. Tills new star is Peter Grant ... the best liked, most de- pended upon news commentator in aU WLW land. His increasing popularity first became evident in mail count studies. Round the clock coincidental surveys made at regular intervals during the past year showed his daytime shows for, such' advertisers as Hoosier Kitchen Cabinets, Olson Rugs, Best Foods, and Bond Gasoline were ptand-outs in an already dominant WLW schedule. Boscul Coflfee found Peter Grant's Sunday Evening Newspaper of the Air growing so fast in popularity that they placed it on NBC. Then just last week Peter Grant's three time a week Front Page Parade went commer- cial for Richman Bros. Clothing Co. on a Mutual Network. These things all gave added impetus to the widespread feeling that Peter Grant was becoming The Nation's Station's top news commentator.. In putting Peter Grant in WIjW's top news spot at 11:00 P. M« daily, WLW news shows will more than ever be the top news shows of the nation. WLW The Nation's Station National RepresenUtives: Transamerican— New York, Oiicago, Hollywood 44 VARIETY RADIO Wednesday, March 8, 1939 Inside Stuff-Radio After etght years the stockholders' suit which arose from the purchase by CBS of some $5,000,000 worth of Its own stock from Paramount Pictures Corp. has been completely buried. The Appellate Division of the N. Y. supreme court last week affirmed a lower court order dismissing the action brought against the network and Paramount in 1931 by Robert S. Levy, a Paramount stockholder, who objected to the transaction. The case remained unpress'ed by Levy until the early part of 1935 when CBS asked for dismissal of the suit and summary judgment against Levy. Some time after these mc^ions had be^ granted Levy entered an appeal against the dismissal. LfCter lilcewise remained dormant and again CBS forced a showdown. Mutual and WOR, its New York key, laid claim to a 30-second beat over the CBS and NBC outlets on the announcement of the election of the new Pope, Pius XII, Thursday (2). Mutual had been hooked up to the Vatican station, HVJ, when a Vatican spokesman announced that the choice had been made and the name would be revealed in a half hour. Because of this same connection Mutual was able to get in with the actual choice before Columbia, Latter was hampered by the fact that it had to depend on a relay from a shortwave pickup at Forest Hills, L. I. Mutual also garnered newsprint attention when the Associated Press credited it in a bulletin as the first source of the Papal selection. Baseball will be the champ free time grabber this summer due to the celebration of the game's 100th anniversary. In addition to a series of six programs from WSAI, Cincinnati, which many stations are carrying, there will be an open day in the big league schedules during June, at which time the Steve Hannagan publicity offices will ask broadcasters to pick up on the cuff the doings in Cooperstown, N. Y., where baseball' originated. Bob Hawk's People's Rally program on Mutual is currently devoting three sessions to propound the question of what face should go on the U. S. Government's baseball commemorative stamp issue. Misanthropic Note On March 13, Lynn Farnol, Jo Milward and Mrs. Jo Milward will appear before John McGuirk of N. Y. City to give their depositions in a $250,000 -suit brought by Cyril Charles Maison against CBS, Inc., and Pickford- Lasky Productions, Inc., in California. The suit claims the plagiarism of plaintiffs' script dealing with pirates In a broadcast over CBS on June 2, 1936, in which Errol Flynn appeared as a pirate. Farnol and the two Milwards wrote the script for the broad- cast, the defendants claim. Atmosphere is plenty tense on a Coast comedy show, what with the two leading zanys at each others throats and threatening to start punching at any time. There's a taut feeling among other members of the cast when, the warring airmen work together at the mike. Blowup came recently when everybody's option was taken up except one of the belligerents. Those on the program won't be at all surprised if the going-offer starts swinging at his adversary before he takes leaves of the show. Home offices of the American Tobacco Co. firmly denied Monday (6) the rumor that the combine was practically set on switching its Lucky Strike business from Lord & Thomas to Young & Rubicam. Statement from the ATC was that there was absolutely no foundation for the report Y & R has for some time been handling the combine's Half and Half tobacco and Pall Mall cig advertising. ^SS ree/pes from six I VUfJIfT 5mmi£fe$pats?HfAef€?\ \ofm/se/ Seattle, March 7. A surprise was thrown in the laps of the local industry when a recent survey was made for a sponsor. During the checkup one of the larger sections of the city showed that 68% of the dialers listened to political blah and only 12% tuned in when people with something to say had the air. DEPT. STORES GET CORDIAL INBALTO * And, of course, you can buy WMT in com- bination with W.NAX and KSO or KRNT at an exceptionaliy low rate. Between January 10 and 21, six 5- minute spots promoting a recipe contest (for a women's publication, mind you) produced 4,455 replies from WMT listeners. That is food response — ^where it counts. WMTs 600 kilocycle frequency puts a stronfi; sifpial into more than 69, 000 square miles of the richest part of the midwest. Cedar Rapids and Waterloo are only part of the picture. WMT's daytime, primary area population is 3,151,' 776—747,569 radio homes. Retail business is greater than $800;00€il' 000. You can buy a quarter hour on WMT for as little as 3 cents per thousand radio families. To produce sales at minimum cost in most of Iowa, Western Illinois, Southern Minnesota, Southwestern Wisconsin — it's WMT, of course. Cedar Rapids. Waterloo • NOKOoeyelet NB{ BiiM-linS * sera Watts LSL • lOM Watts Mght »*pffnU4 by THE KATZ AGENCY Baltimore, March 7. After a period of inaction the local department stores are again begin- ning to nod cordially in the direction of Baltimore stations. The retailers are asking for suggestions for air merchandising angles or themselves ideas for tieups that will lead to time buys. Instance of resurging interest is the bid that the Hub Store made to WBAL for the installation of the lat- ter's newsroom stunt in one of the Hub's street show windows, after the thing had clicked in another de- partment store window (Hutzler's). WFBR has just this week been asked by one of the swankier stores to work out something on a series of style broadcasts, WCBM is becoming intrenched in the buildup campaign of the basement section in still an- other .emporium. PRIORTTY CLAM PAID ON WOMATION, PLS/ Priority claim made by Peggy Decker, now a freelance continuity writer in New York, on the pro- gram, 'Information Please,'- has been settled by NBC through a cash pay- ment of $1,500. Miss Decker had created a pro-am alonjg similar lines on WRNL, Richmond, four months before NBC started to broad- cast its own version. Her stanza likewise offered 'to pay a prize for any question that she and her asso- ciated experts couldn't answer. Miss Decker brought the matter to NBC's attention last fall. Later she retained Julian T. Abeles as counsel to press the matter. NBC at no time denied the claim, and after a couple of months of inquiry and dis- cussion with all concerned the net- work submitted a settlement offer. Pitt. Has Its Own Pittsburgh, March 7. Program closely patterned after NBC's 'Information Please" has just been sold, to Peters Packing Co., makers of No-Link sausages, by Alan Trench, who'll produce, for WWSW, Pittsburgh. It's labeled 'The Authorities Answer' and will hit the air once weekly for half- hour over 13-week stretch. Show will be Fadimaned by for- mer Mayor William McNair and is to employ a regulair sUff of three ex- perts, with a guester in some par- ticular field on each broadcast Sponsor, in addition to paying $1 for each question used and $5 for those the wise guys can't answer, will also donate $50 each week to charity. Guester has the privilege of being the recipient of the half a century note. Ralph Allum, formerly with Blackett-Sample-Hummert, is ac- count exec engineering J. C. Penney company radio invasion of 16 mar- kets through Pedlar & Ryan agency. Jettabee Ann Hopldns scripts im- ported with their writer, from WOW, Omaha, will probably bear revised title of 'Jerry's Adopted Daughter* instead of "The Jangles as on WOW. 69.MI Syw WkfiflH ilCIEST MUT of tte MIIWEST DEFAMATION PROtECTION IMIssoarl Bill Would Exempt Stations For Speakers 'CracKs St. Loiiis, March 7. A bill to relieve Missouri radio stations from liability for defama- tory statements made as part of broadcasts by candidates for political offices and by office holders was in- troduced last week in the State Legislature by Senator Phil M. Don- nelly of Lebanon. The bill is in- tended to protect the stations from libelous statements made by speak- ers who depart from manuscripits which have been submitted and passed on by the station operators. While there have been no libel or damage suits, growing out of such cases, Missouri stations feel they are entitled to this protection. Spot Campaigns (Neto, Renewed or Pending) A. & F. Coin Coming Up Washington, March 7. Broadcasters will get a share of the huge sum— reported to be in the neighborhood of $1,000,000— which the A&P chain stores will spend in advertising as part of the fight against anti-chain legislation threatened in Congress. Prospect of being cut in on the melon was made known to NAB execs last week as understanding was reached over the attempted time chiseling of Carl Byoir, prominent propagandist, running the A&P campaign. First use of radio stations occurred in Pennsylvania last week, but broad- casters in other localities will lie given business as the crusade gains speed, NAB was told. No details yet as to amount of time, location of the micro- phone campaign, or the prospective revenue. Trade circles have been hearing for several weeks that Byoir will have a huge war chest for the good-will missionary work he is attempting with the idea of heading oft restrictive bill proposed by Rep. Wright Palman of Texas. Previously the propagandist indicated he. would confine ex- penditures to visual media, with the bulk destined to go to newspapers. Animosity developed when, following these hints, Byoir organization propositioned stations about carrying his Parade of Business feature as a sustainer. Copy for the controversial program was examined last week at a con- ' ference of NAB staffers and Byoir representatives. While no bindiiig agreement was reached, promise was given to consider the specific criti- cisms from the broadcasters' viewpoint and think about revisions to re- move the objections. Trade reports have Byoir getting between $25,000 and $50,000 monthly- believed close to $40,000 — from A&P for advisory services and super- vision of the campaign, . Publicity man is working closely \yith Paris & Peart agency, which handles grocery advertising, as- well as with other important store chains. 4 Boynton Hay ward, of Batten, Bar- ton, Durstine & Osborn, on road to look over station program availabili- ties and audition talent. PtelRer Brewing will again bank- roll Harry Heilmanns 'Baseball Ex- tra' program over WXYZ, Detroit. NBC Spot Sales, New York, has recently signed up nine new ac- counts on WEAF and WJZ, accord- ing to Maurice M. Boyd, local sales manager. . To wit: Modern Food Process Co. Revelon Nail Enamel Co. Reid's Ice Cream (Borden Co.). Charles B. Knox Gelatine Co. Breakstone Bros., Inc. W. L, Douglas Shoe Co. Scott Paper Co. Gruen Watch Co. Morris Plan Industrial Bank N. Y. of Con- An- WEEI, Boston, New Biz Scott Furriers, Inc, Boston, tinental Advertising Agency, nouncements. Rastcratt Publishers (valentines)i Badger & Browning, Inc. Albany Carpet Cleaning Co. (car- pet cleaning). Dickie - Raymond Agency. Wing cigarettes sponsoring John B. Hughes after April 1 in new quar- ter-hour newscasts over KSFO, San Francisco CBS outlet. Tom Wallace of the Russell-Seeds agency and Larry Allen,, manager of Consoli- dated Radio Artists, who represented Hughes, handled the deal. General Brewing Corp. (Lucky Lager Beer), through McCann Erick- son. Inc., San Francisco, announce- ments. Antrol Laboratories, Inc., of Los Angeles (Snarol), through J. Walter Thompson, San' Francisco, is partici- pating in Elma Latta Hackett's 'Friendly Homemaker? program three days weekly for 12 weeks over KSFO, San Francisco. Also using spot announcements on KPO. National Fanding Corp. (loans), through Smith & Bull, Los Angeles, announcements. MeRoskcy Alrflex Mattress Co., through Emil Brisachet &. Staff, Jias renewed through April 20 its weekly quarter-hour 'Sleep Serenade' pro- gram with reader Archie Prcsby, tenor George Nickson and organist Leslie Harvey over KPO, San Fran- cisco. Stayner Corp. of Berkeley (Cal.) (Minra water), through Ervvin Wasey & Co. with KSFO, San Francisco, for a weekly 'Spelling Bee' starting March 7. Gruen Watch has entered the mar. ket for time signals. Its initial buy involves the daytime schedule of WEAF, New York Key for NBC's red network. . With the entry of .Gruen there are watch manufacturers using time sig- nals ' in the local field. Others are Bulova, Benrus, Westfield and Lon- gine. KXOK, St. Louis, New Biz Monroe Cleaning Co., Si. I/>uis, 30 min., remote weekly (Voice of the People). Baldwin Piano Co., St. Louis (mu- sical instruments). 15 min., studio program weekly. Associated Retailers, St. Louis, re- mote. Joe Batt Agency, St. Louis, Burns Lee, coast publicity chief for Benton & Bowles, altar bound in June. ■ ■^eincadaj, March 8, 1939 RADIO VARIETY 45 McNinch Blows His Top Astonished Newspapermen Colony Buzzes with Speculation Following Attack on Craven Washington, March 7, policy disagreements within the fCC led to an unprecedented demon- stration oftitterness last week when Chairman Frank R. McNinch pub- licly blasted Commissioner T. A. M. Craven and simultaneously yelped about misrepresentation pf commish actions in the press. The sensational Bight ol one member of a federal agency openly damning a colleague — In a manner which startled veteran newspaper and political observers- followed a split , on the question of handling complaints (see separpte story) after months of study by a three-man cotnmittee whitih failed to agree on a single report. Incident was the outstanding evidence o? the extent of bitterness extending over a period of several months. Playing of Craven-^second instance In three weeks where McNinch open ly displayed animosity toward a col league— ^had a profound repercussion in political and industry quarters. General consensus was that the out- burst wiped out all chances Congress wiir approve McNinch's plan for re- organizing the commish, makes a sweeping Congressional inquiry more likely than ever, and may cause President Roosevelt to take drastic steps to end bickering.'. In many circles it was felt that instead of putting' Craven in a hole,. McNinch provided ammunition for his own critics who have charged the sole purpose of the reorganization drive is to purge members who differ with him and to have radio ruled by a set of rubber stamps. The blast was provoked by 'ar- ticles published in a limited number of newspapers, especially one cred- ited to the Chicago Tribune Press Service,' Wednesday (1), describing the effect of the commission's vote approving plan of Commissioners Eugene. O. Sykcs and George Henry Payne for handling complaints. Mc- Ninch charged the yarns were in- spired by 'gratuitous, alarmist state- ments' by Craven, whom he accused of attacking 'the intelligence, the in- tegrity and the motives of the other six conjmissioners' for the sake of making 'a grandstand play of devo- tion to free speech and opposition to censorship.' .After defending the ■ commish ac- tion and upholding the Sykes-Payne report, the irate chairman laid into Craven with extraordinary sarcasm. Dissenter was charged with going "miles further than was asked or ex- pected'_ of the .complaint committee, .with his minority report on- punish- inent procedure characterized as 'a stOinp spe,ech and flag waving.' " Recalls 'Horizon' Case In disregard of published facts McNinch angrily claimed Craven had B*n 'a party to . . . the only two ewes which- have even been conspic- UQusly attacked' as typical of cen- •oyship. Referred to the Mae West and •'Beyond the Horizon' rebukes. While' Craven declined to comment publicly on this indictment, friends pojntcjd out he reluctantly went along «4 the spanking which followed the flWst skit and strongly protested the mcivo:to punish WTCN, Minneapolis, fo^alring the Eugene O'Neill drama, j^ry in Variety Oct. 5, 1938, said ™pHatiQ protest against grundyism was filed by Comdr. T. A. M. Craven v/ho insisted the official minutes con- tein his . outspoken opinions on the latest, twist of the, crack-down cam- paign,' while daily press reported he voted against paddling the Minneap- olis licensee and the New York Daily (Continued on page 60) FAN MAjl^lNCREASE Sharp Reaction as WTAG Driginaline Some Local Shows Worcester, March 1. .WTAG is going in for local pro- grams in a big way since Edward E. Hill, managing director, took over the reins in December.' At least a dozen programs with Worcester talent have been aired and during the first six weeks of the year the fan mail was more than 50% of that during all of 1938. Chief increase in mail has been due to new 'Talent Discovery Pro- gram,' arrailged and m.c.'d by Chester Gaylord, chief announcer, Saturday nights at Plymouth theatre. Plymouth standing 'em in aisles since program was introduced. Mail votes one week hit the 3,000 mark. Everything Happens — N. C. Wavelen^ Scramble Charlotte, N. C„ March 7. North Carolina is in the midst of a scramble for new wavelengths. One move which is being bitterly fought by newspaper interests ' con- cerns the building of a station be- tween Concord and Kannapolis by an outside syndicate and a few local businessmen. Other seekers are Aubrey G. McCabe and Trim W. Adylett, trad- ing as the Albemarle Broadcasting Co., who have picked out Elizabeth City as the site and 100 watts nights and 250 days on 1,370 k.c. as their preferences on the spectrum. BIFFS FROM BUFF By Bod Reed Buffalo, March 7. 'Don'i call It showmanship' sez Variety of stunts in dubious taste. How about showroanslips? Edward ' G. (Bir Town) Robinson is a managing editor who seems to manage everything but editing. Benny Goodman doubtless refers to his chief menace as Artie Pshaw. Noel Coward doesnt like Ameri- can broadcasting, but he can be broad-minded about American dol- lars. 'Umbrella Man' is enabling Harms to put something aside for a rainy day. Dr. Rockwell is expected to cure the Blue network of low sales pres- sure and fallen options. Minneapolis, March 7. During Keystone Fence show on WCCO last Saturday evening (4) a young woman visitor stepped out from the studio audi- ence of about 80 persons and started disrobing. As the or- chestra went into a hot mazurka she got down to her undies and by the time the baiid had finished the number she was being her- self. The Bob o' Links, harmony group, were startled by the sight to the extent that they stopped in the middle of a number. Phone calls soon lit up the sta- tion switchboard . asking how come the Links' abrupt halt. Meanwhile, a studio attache dug up a spare overcoat and cov- ered the girl. She apologized profusely, explaining that hot music gets her that way, but the cops were called and she was re- ' moved to General hospital. She is still being held for observation. FCC SUPPED AS'CAPRiaOOS' Washington, March 7. Denial of application of Hannibal (Mo.) Courier-Post for a new local outlet was arbitrary and capricious, the District of Columbia Court of Appeals ruled Monday (6), virtually directing the FCC to issue a con- struction permit for a low-power transmitter using 1310 kc. Latest reverse, for the FCC was based on acceptance of the claim that the- record emphatically shows the need for local service in the Mis- souri town and the commish was en- tirely unjustified in holding a con- trary opinion on the crucial issue in an antiquated case; Matter has been hanging fire for several years. The decision, read by Associate Justice Fred M. Vinson, reviewed the proceedings, noting the examiner originally recommended favorable action ^ith power limited to 100 watts. Cominish rejected the recom- mendation, holding that Hannibal enjoys sufficient service from three stations. Adantic City s Chief Virtue For Convention: Near to Washington JACK HALEY OFF Joe E. Brown May Be Shifted Into Huskies Time Slot Hollywood, March 7. Continental Bread folds the Jack Haley show on CBS with the April 7 broadcast. Same -agency's (Ben- ton & Bowles) is dropping Joe Pen- ner from Huskies (General Food)! Post Toasties' Joe E. Brown (Sat.) show may be moved into Penner's Thursday spot. Nnnns Acqoire WCMI Aiihland, Ky., March 7. Gilmore N. Nunn and J. Lindsay Nunn have bought a controlling . in- terest in WCMI from B. F. Forgey and J. T. Norrls. The new owners have taken over the station's opera- tion and installed Robert MacKenzie as manager. Joe Matthews is pro- gram manager. The Nunns formerly owned and operated WLAP, Louisville. Tick' Before Grand Jury Poughkeepsie, N. Y., March 7. Andrew P. Malone, the 'Pick' of the radio team of 'Pick arid Pat' (recently with U.S. Tobacco) against whom State Police Corporal John H. Curran preferred a charge of possessing firearms without a per- mit on Feb. 8, testified before the Dutchess County Grand Jury last Thursday. Charge made after the entertain- er's automobile trip from. New York City to Fort Edward, N. Y., was in- terrupted at Rhlnebeck at the re- quest of William McMahon, an erh- ployee on a Fort Edward farm owned by Malonc. Curran quoted McMahon as saying Malone was carrying a gun. HOYT MALLINSON ILL Chicago, March 7. Hoyt Mallinson is taking a leave of absence, from the local Paul Ray- mer office. He's been ill ' and must rest for at least a year before he can return to work. Was at St. Luke's hospital for several weeks, but Is now at home. Lawrence Hynn Takes a Powder; John Shepard Out in Clear Washington, March 7. Lost nerve of the chief witness led the FCC Monday (6) to drop the proposed investigation of WNAC ind WAAB. Boston, and the conduct of John Shepard, 3rd. Renewal tick- eU;. on the spike since last summer, were issued by unanimous vote de- spite continued refusal of the com- mish lawyers to present a written recommendation. The sudden denouement in the backstage drama came after Law- rence Flynn, former Shepard em- ployee and sole complainant, had withdrawn his squawk which caused the FCC several months ago to de- cree, upon advice of the attorney.s, a hearing to see if the Bay State out- lets violated public interest in the hot Boston mayoralty fight last year, in crasading against dog racing and in the 1938 Congressional election.. With friends of the . Yankee- Colonial operator denying vehement- ly there was any pay-olTi Flynn last week asked the commish attorneys to return his exhibits and affidavits. When this was refused he wrote the regulators that he was walking out on his complaint. Without hope of a principal witness the commish had no alternative but to issue the reg- ular six-month papers. Washington, March 7. Site of the 1939 NAB convention— originally destined for San Fran- cisco—was fixed last week when the directorate decided to congregate at Atlantic City in July. Headquarters will be moved to the Ambassador Hotel, where the industry can keep an, eye on Congress, if the law- makers are still in session, and be prepared to jump if necessary to re- sist a hurry-up attempt to write radio control legislation. Dates are July 10 through 13. Making arrangements, the direc- torate slated program standards for thorough discussion and President Neville Miller named the commit- ee- which will draw up a code for consideration of the entire business. Group will review a mass of data that has been collected by staff em- Work or Play? Choice of Atlantic City for the annual convention of the Na- tional Association of Broadcast- . ers has inspired some trade com- ment that it's a .strange environ- ment for the 'first serious-minded convention' of N.A,.B. Atlantic City is strictly a playground, and proud of it. The preliminary organization of 17 district pow-wows to pre- date the invasion of the bathing beauty capital is expected to neutralize this criticism. ASCAP— that old,debbil again —will be the leading issue due to the new contracts coming up for signature in 1940. ployees and industry leaders, charged with the duty of boiling down a mountain of suggestions and scanning the principles now used tiy networks and individual stations. The other outstanding item on. the convention agenda— aside from leg- islation, which may or may not be a worry at that date— is copyright With contracts expiring next year and no sign of any change in the antiquated law which the trade has sought rep'totcdly to have modern- ized. Miller also named the com- mittee which will go over this sub- ject and lay plans for discussion at the beach. New York Committees The committees, due to begin head -scratching in New York two weeks hence, are: Program Standards— Edgar L. Bill, WMBD, Peoria; E. B. Cranoy, KGIR, Butte; Walter J. Damm, WTMJ, Mil- waukee; Earl J. Glade, KSL, Salt Lake City; Herbert Hollister, KANS, Wichita; Edward Klauber, CBS; Lenox R. Lohr, NBC; Paul W. Mo- rency, WTIC, Hartford; Samuel R. flosenbaum, WFIL, Philadelphia; Theodore C. Streibert, MBS; Karl O. Wylcr, KTSM, El Paso. Copyright— Edwin V/. Craig, WSM, r*a.shville; Walter J. Damm, WMTJ, Milwaukee; John Elmer, WCBM, Baltimore; Mark Ethridgc, WHAS, Louisville; Gregory Gentling, KROC, Rochester, Minn.: Edward Kl.iuber, CBS; Lenox R. Lohr. NBC; Theo- dore C. Streibert, MBS: Clair Mc- CuUough, WGAL, Lancaster; John Shepard. Ill, WNAC,' Boslon; and Harold Whcclahan, WSMB, New Or- leans. (ADVEKTISB.MENT) (AnVKRTI.SK.WKNT) UHUE DON WHAT'S THIS A800T ONCLE OON HOLDING THE BI66£$T 6 O'CLOCK AUDIENCE IM NEW YORK ON W O K ? ,^U&TTHAl! ANPWOB TEU$^\E •OON PUUED or THE STATION'S TOTAL A^AIL rOH 1998 OF COURSE A GUY CAN HAVE THE 81 66 EST AUDIENCE - GUT MAYBE HE DOEtNT SELL STUFF? PONT KID YOURiELF. ASK won TOR PROOF. BETTER VET ASK BORDEN.MALTEX, GENERAL FOODS. MAVBE UNCLE OON IS WHAT I NEED TO PUT OVERTHIS NEW KID FOOD. YOU CANT CO WRONG.WOH AND DON CAN SELL ANV- THINO TO KIDS, WQR AND D0>1 MAKE ONE OF THE SWELLE^T SELLIN6 TEAMS IN -RADIO. 46 VARIETY RADIO Wednesday, March 8, 1939 Beer Programs Doomed in Quebec- Biggest User of Canadian Talent; Debate Asking Public to Protest London Calling Sir Alfred Bntt, Herman Flnck, Maud Allan, Herbert Oliver, Doris Vane, Lewis Sidney and Ben Davles are among oldtimers . roped in ior broadcast story of Palace theatre, Feb. 28. Drama critic S. R. Little- wood, who did the script, will emcee. CMQ, Havana, Loses NBC Tie on U.S. Station Squawks; Pa^e Denied Cuba Montreal, March 7. Beer and wine pro-ams will be banned in the Province of Quebec after March 31 according to an an- nouncement in the House of Com- mons last week and advertising agency meni broadcaster^, news com- mentators, representatives of the AFRA and the Musicians Federation of Montreal (local 406 of the A. F. of M.) were scheduled to meet early this week (6) to discuss the latest radio headache. L. W, Brockington, chairman of the- Board of Governors of the CBC, stated before the Radio Broadcast- ing Committee last week that permis- sion for beer and wine radio com- mercials in this province would prob- ably be withdraXyn the end of this month. "Until now liquor broadcast- ing has been permitted in Canada unless prohibited by provincial leg- islation. Advertising . of hard liquor has never been permitted over the air. The ban on beer sponsors will af- fect the most popular radio programs in the province. Christopher Ellis, outstanding news commentator local- ly, and Frank Starr, spots commen- tator, are on the Molson Newscast in English, over station CFCF. Albert Duquesne and Bill Brosseau handle similar assignment for Molson's Ale in- French over station CKAC. Gratien Gelinas, French-language comic known as 'Fridolin,' who ap- pears on a Black Horse Ale program, is something of an idol among French-Canadians who take their na- tive entertainers seriously on the Eu- ropean-style. Elmer Ferguson, of the Montreal Herald, appears for Labatt's in Sports Digest in English;. Les Amour de Petit Joe, for Labatt's in French; Tonight at Eight,' variety show in English for Black Horse, will also be affected by the proposed CBC regulation. News commentators have discussed telling their lister.ers of proposed plan of the CBC 'to cut these pro- grams oft the air with object of rous- ing public protest against threaten- Ing legislation. In Old Kentucky Revival of 'Top Hat' in radio ver- ' sion being slipped in by BBC Feb. I • 24 in place of 'Moiite Carlo,' called j oft on account of copyright snag$. I Two stations that are in sym- pathy with the Compton agency campaign to get a 2% discount . for prompt payments are WPAD* . Paducah, and WCMI, Ashland, Ky. ' In a letter of congratulation to the two stations Murray Carpen- ter, Compton time buyer, wrote 'it is certainly encouraging^ to And that you have seen the jus- tice of our request,' and added: "This seems to be a banner, week for. Kentucky/ I Constance Impey, one of Carroll Levis's 'discoveries,' gets her first I professional radio engagement as a singer March . 8, on a program with j BBC orchestra. All-colored cabaret from Old Flor- ida club, with Adelaide Hall top- ping the ball, booked for 30-min. stint on BBC visio program March 6; team includes Marko Hlubi, Es- ther- and Louise, Eddie Lewis, and Felix Sowande's choir and orches- tra. WHITE ASKS RADIO 'REVIEf Adelaide Hall is with Billy Bissett Rinso program for 13 weeks on Ra- dios Luxembourg and Normandy and iilso guest star witl Joe Loss' band for the BBC. eUTTHE RHAPSODY IN BLU Tops in Texas ! PAUL WHITEMAN and his ALL-AMERICAN BAND BROADCASTING FOB CHESTERFIELD Iran Fcrt Worth, T« joined the Weed parade . . . and a man of letters is he! Experience proves that he, like the other progressive Selling Letters in the markets we represent, produces Results That Count! HUD coinpfloy H. G. WeUs Criticized Australian Radio; Hes Termed 'Quarrelsome Old Gent' NEW YORK • CHICAGO • DETROIT • SAN FRANCISCO Montreal, March 7. Fierce blast at privately owned radio stations and a threat to call for Parliamentary legislation which will curb profits of independent broad- casters was voiced by L. W. Brock- ington, chairman of the Board of the CBC, before the Parliamentary Ra- dio Committee last week at Ottawa, with result that private broadcasters fear complete obliteration if policies advocated by the CBC should be- come effective. Brockington's attack on 'profiteer- ing' broadcasters is interpreted by political observers here as an at- tempt to forestall criticism of the CBC policies from witnesses sched- uled to appear before the Parliamen- tary Committee. Informed sources interpret Brockington's move as an- other attempt to club broadcasters into passive acquiescence with fur- ther encroachments of the Canadian Broadcasting Corp. in the field of private enterprise. Charging that representatives of private stations which are making a tremendous return on invested capi- tal would come I>efore the Radio Committee to attack the CBC for the purpose of increasing their profits, Brockington said he would suggest to the committee that legis- lation be passed to limit rather than increase profits of franchise-holders. Brockington's Position Broadcasting circles are complete- ly mystified by Brockington's asser- tion that the CBC is not a part ol the Government of Canada or the I Civil Service. Brockington has as- sumed the position that once having been appointed by Parliament the Board of Governors of the CBC is not subject to control from any legislative or other power in the country. Brockington's claim that the CBC does not spend taxpayer's money is also paradoxical since a license fee of $2.50 from every owner of a radio receiving set in Canada is levied by the Government and used by the CBC. If Brockington's statement that the CBC acts only in the role of trustee for license-payers is to be taken seriously then taxa- tion of this kind may be construed as unconstitutional since it provides no equivalent representation in the affairs of the CBC by tax-payers. Brockingtons reference to the Aird Commission report of 1928, which led to the establishment of a Gov- ernment radio commission, is re- garded here as something akin to an authority as obsolete as the Ver- sailles Treaty. There was practically no broadcasting industry in Canada in 1928. Stations were ill-equipped and poorly managed. The infant radio industry was summarily tried and condemned by the Aird Com- mission at that time. Reports here indicate that mem- bers of the Radio Committee have private mental reservations as to Ihe validity of Brockington's arguments. And the attempt to justify the cre- ation of a gigantic radio structure, paralleling the acquisition of the unprofitable Canadian National Rail- ways properties, is viewed on Par liament Hill as an attempt on the part of the CBC bureaucrats to per petuate their regime. Reports here arc to the effect that I the Government actually welcomes ! the radio probe as a means of di- I verting attention from more vital legislative i.^sues and it is believed that the radio problem will be kept (Continued on page 48) Sydney; Feb. 10, During his stay here H. G. Wells had plenty to say to reporters con- cerning radio censorship and the like. At a dinner given in his honor by the Fellowship of Australian Writers prior to his departure for London, Wells made a further attack on the local censorship p)sitlon. In reply R. B. Orchard, one of the moguls of the Australian Broadcast- ing Commission, for whom Wells did some airings, stated in the press that Wells was a 'quarrelsome old gentle- man'. Orchard stated that the Britisher had lieen given every assistance dur- ing his stay; his scripts had not been censored, although they had beeii scrutinized. The remarks . made by Wells were characteristic of the bad taste he displayed since he came to Australia. Orchard further said that he strongly resented people coming to this country on a brief visit, ac- cepting hospitality, and then abusing it. Orchard concluded by stating that the idea of allowing people to say over the air whatever was in their thoughts was inconceivable. Wells got himself In rather bad soon after his arrival with top gov- ernmental officials by taking a heavy smack at Hitler and Mussolini. The Prime Minister (Mr. Lyons) issued a statement wherein he took Wells to task for making such utterances, Set Tax Cot Likely Toronto, March 7. Reduction of the ' anaidian annua! license fee from $2.50 to $2, plus a lifting of the burden from the owner of more than one set, is unJer the consideration of the Federal govern- ment and, as a sop to consistent squawkers, is expected to go Into effect when the present license tenure expires In .the fall. New proposal is to reduce the fee on additional sets to $1. \„^^^sai a radio program. On March 17th I will com- plete one full year on WOR-WLW-WGN (Fridays, 8 P.M., EST) for Philip Morris Cigarettes . ' . what's my name! I have achieved a Crossley rating of 8.0 on three stations, against the Cities Service Concert, Warden Lawes and Campana's First Nighter what's my name! I was fourth among all audience participation shows in the World'Telegram radio editors' poll, and the only non>net> work show to achieve a rating . . WHATSMYNAME? I have reached and maintained a mail average of 12,000 letters a week on these three stations, although only the prize* winners among these letters have been acknowledged by my sponsor . WHAT'S MY NAME? I am moderate in cost. For program talent, I require only a competent master and mistress of ceremonies and an orchestra WRAPS MY NAME? what's my name? WHAT'S MY NAME! "What's My Namer' becomes avail* able for other sponsorship, after Friday, March 17th. May we suggest that you listeti to one of the last two broadcasts, Friday, March 10th, or Friday, March 17th, at 8 P.M. on WOR or WLW, 7 P.M. on WGN, to refresh your memory on this remark* ably effective program and gs^ige its worth for one of YOUR clients? "WhaJ'j My Nome?" is fully copyrighted by Edward A. Byron and Joe A, Cross, its .originators, writers, and producers. g0 GENERAL AMUSEMENT CORPORATION NEW YORK . CHICAGO • DALLAS • HOLLYWOOD . LONDON Radio Station Representatives 48 VARIETY RADIO REVIEWS Wednesday, March 8, 1939 I 'MANHATTAN MOTHER' With Margaret Hlllias, Lonise Fltoh, Dan Snttor, Ken GrUAn Serial IS Mins. , CHirSO (P. tt G.) Dally, 9:15 a. m. WABC-CBS, New Tork ' . fPedlar & Ryan) •Oh, oh, oh,' trembles Patricia tocke (Margaret Hilllas), 'I am so utterly defenseless against your Kiss. This is at 9:15 in the morning lor the benefit oiChlpso, a soap In flake form that Is dandy for your underthmgs. Her husband, big gushing incred- ible Tony (Dan Sutter), has lust been whispering reckless things Into her ear. An ear which she continu- ously emphasizes is 38 years old— an ear that hears life going by her, and she's not the old driving she- executive she used to was. •Did I Temember to teU you, drools the exhibitionistic husband (Memo to Patricia— watch out for that guy-he's too glib!) 'that your little fingers are beyond compare? Don't forget its 9:19 In the morning and the orange juice has scarcely had a chance to regurgitete. The program has been led on liKe a child by the hand with this gem right off the masthead of Sloppy Stories— 'Cities are made of steel and stones— but human hearts are of dif- ferent stuff.' We give you Manhat- tan Mother.' , ^ j _ Then the characters introduce themselves. First the lead: 'I'm Pa- tricia, and I'm the mother of an adorable daughter now with a hus- band of her own. Tm poetically, divinely, soaplly happy with a prince of a guy— all-man and as pure as Ivory. But why am I so restless, so Itchy to do things? God knows and so does Procter & Gamble. You U have to wait for future episodes to tell you why I am so happily un- happy or, if you prefer, all wet with dry shampoo.' , Flub-dubby, lovable, leavable Tony introduces himself. He says: •I got to go to Montreal on business.' And so it goes. Nothing happens; but in a great big tremulous way. Nobody acts like real people; which is known as 'escape.' Retreat Into the soap-bubbles. ^Mabhattan Moth- er', is forever on the verge of tears. She can't stand up to the appalling thought that she's 38. Irene Klcb Is more sporting about it, but Pa- tricia Is the essence of self-pity dis- guised as something else; which is grobably why it will be a soap-box ox office success. , , ^ The whole-thing Is supposed to be, no doubt, 'good' slop and Veil done' flapdoodle. Nobody has anv lUu- sions. It is just frankly and. mag- nificently tawdry. Lond. 'EVENING IN PAXIS* With Charles Blobard, Naney Crttwne, Frederlek Streatley, Pierre ZepelU orchestra, Valalda Light Mnslo IS Mlna. BOVBJOIS PEBFCHE Sunday, 6:1S pjn. Badlo Normandy (Franoe) Transmitter went sour on this one half way through and a bad patch of fading and interference from sta- tions on nearby wavelengths didn't help either. Difficult, therefore, wholly to assess program's entertain- ment content, . though it does show snags under which commercial radio for U.K. listeners must operate as long as promoters are forced to broadcast from Continent. Sponsored on behalf of perfumes and po,wders for which program was named, show was recorded in Paris and had two commentators picturing hiRhliehts of the French capital, with Pierre Zepelli's orch added to play familiar airs associated with the spots described. With them was col- ored Valaida. who deputized for Josephine Baker, singing the num- bers the latter made famous. Inter- est angle was to interview at the mike an Enftlish Paris taxi driver. . Latter class is known to Americanr. and Englishmen as most daredevi! and seemingly recldess drivers in the world, and interviewee had some amusing anples on this. - Plug was left till tail end of show tieing up lingering memories evokec' by songs witli lingering values of the product. GEOBGE FOBMBT With Beryl Sonera, Laaghs 15 Mins. FEEN-A-MINT Sunday, 6 p.m, Poste Parislen (France) Show is built lor vnst ready-made British audience of Formby, whose dialect comedy has put him on top as No. 1 film star in U.K. He does dumb cluck stuff, swapping gats with his wife, Beryl, and additionally .sines a line of songs suitable to his act and risque enough to make 'em generally popular. Always finishes up with a UKe solo, and is nimble performer on this instrument. For a 15-min, stand it's bright arid easy to follow, and one of Sunday's key pro- grams from British audience angle. Plug was ladled out in the middle, being a -snappy but serious spiel at>out the product. Put over earn- estly by the announcer it sounded almoiit funny, especially as he had to extol merits of a laxative. Poste Parislen shows are handled by Anglo Continental Publicity, in association with IBC's Radio Nor- mancly. Tong^e-SIip Day Any casual listener around the network kilocycles la^t Sunday (5) might have remarked at the extraordinary number and va- riety of dialog fluffs, missed cues and similar tongue slips on many shows. Those on which such errors were noted included: 'Magic Key,' over NBC blue. 'Book Theatre,' over Mutual Philharmoriic Symphony an- nouncements, <|ver CBS. 'Tale of Today,' over NBC red. Jack Benny, over NBC red. C;hase & Sanborn, over NBC red. 'So This Is New York,' oyer CBS. Kellogg Circle, over NBC red. FOLLOW-UP COMMENT •HEADLINES OF THE PAST' 15 Mins.— Looal JOHNSTON FUBNITDBE CO. Thursdays, 4:45 WBT, Charlotte, N. C. What happened SO ye s ago each week is revealed in a new WBT show sponsored by Johnston Furni- ture Co. of Charlotte. Program is introduced with a combination of weird sound effects produced by a kettle-drum and Chinese gong com- bination. Then the commentator reads 'news' bulletins with the ominous staccato of the familiar radio news reporter: A cow. on the rails halted the progress of a train today, and Bismarck announces his plans for a Mlttel Eurona empire, while late election returns indicate the defeat of Benjamin Harrison for re-election to the Presidency. Program ha$ already attracted considerable attention. The com- mentator is manager of the spon- sor's Charlotte store, who makes his bow before the microphone in this series. His voice is clear 9nd com- pelling, and his diction entirely de- void of the Southern inflection to which so many local voices are ad- dicted. Script for the show is pre- pared by Dorothea Conne, a WBT stafl writer. A unique idea^ ably presented. Hard. THESE OUGHT TO BE A LAW DramaUe Sketch Sustaining 3* Mins. Thursday, 9:3« pjn. WOB-MBS, New Tork Conceived by the radio division of the Federal Theatre, this halt-hour sesh,' the sixth of a series, makes an ambitious attempt to dress up ex- ceptional court decisions into thumb' nail dramatizations. Written by Barry Williams and directed- by Al Garry, the loose ends are spliced to- gether by an anonymous barrister known as -"Lawyer Q,' who explains the quirks of each case aided by announcer Henry Morgan, While the 'Good WiU Court' found the disfavor of the Bar Association, little fault can be found by the most exacting with this chapter, as sketches are based only upon actual court records and audience partici- pation is not solicited. Illustration delineating a libel suit brought by the Ingenue Sisters (nee Cherry Sis- ters) against an Iowa critic and his paper packed the most punch. Sis- ters were insulted b> a review of their corny turn. Judge dismissed suit, holding 'any performance may be freely criticized if the commenU are true.' Thereby setting an inval- uable precedent' for other review- ers ever since. References to archaic blue laws are overworked and for the most part could be deleted for more timely material. Listener ap peal seems to be necessarily confined to students of Blackstone and the head of the house. Dry subject it tackles lays down an immediate bar- rier for the femmes. Program switches to the 8 p. m slot Saturdays on the next broad- cast. BICHAKD GOOLDEN With Susan Taylor Adventure 8 Mins. Monday, 7:40 p.m. BBC, London . New stunt has been added to 'Mon day Night at 7' series, replacing ro hiantic item Dulled last week. An gle is simple mystery-adventure ■stuff, and in'ention to build round diffident 'little man' personality of Gooldcii, who had. a big radio fol lowing in an earlier series. He plays as proorletor of a Chelsea art shop, and first episode shows him neatly outwitting crooks who try to milk him on a fake robber" rrc'-f* Subject was well built 'for inter- est, and had hero neatly turning the tables with a ga? when he blows snuff in the crook's face. Idea has been developed by Harry Pepper, who produces 'Monday.' and Erne.'st Dudley's script was cinematic and fast-moving. Goolden is good at this stuff, though forgot at times he was sup- nosed to have a cold in the head. Susan Taylor nlays his assistant with spirit, supooft parts being done anonymously. Series looks like heading for big popularity. Joe Cook stepped into the final eight minutes of the Rudy Vallee program last week for one of his monologs. He ran along m pleas- antly lunatic tempo and got funnier as he went It was, however, A case of doing It the hard way for radio, the, material requiring phi-like at- tentive listening and conveying only occasional mental pictures, the es- peranto language of radio. What emerges from these periodic air ap- pearances of Cook is a conviction that he has a lot to give radio, if the winning combination of writers and production brains can be mustered. It was an uneven hour prior to Cook's appearance. Most staple en- tertaininent merchandise put out was Vallee's own warbling. Richard Haydn's discourse on etiquette, with grotesque pronunciations and exag- gerated satire, was giggle-worthy before it got a bit dried out Ethel Waters and her assistants did a bit from her legit play, 'Mamba's Daughter,' which probably increased the circulation of the Kate Smith program on CBS. Novelties must be rai-e indeed to qualify a meandering episode into so-what dramatics such as this. There was a bit of nice chirping from Pauline Walsh, and Paloma (see radio reviews) added a Latin touch. Diiiy Dean served last .Friday night (3) as the forerunner of the guest celeb policy which the Won- der Bread show (CBS) has adopted In the hope of perking up listener interest Dean's entry worked out all to the program's ' good. Not only was the Cub hurler equipped with the cream of the evening's material, but he showed evidences of having been thoroughly and patiently coached. He fumbled but once, and that didn't amount to anything. The gags hand- ed him were timely and crisply funny. Balance of the show's com- edy fare ranged from the doldrtmis to the sprightly familiar. Joan Bennett is slated to exchange em with Jack Haley this Friday (10). Wayne King,, remoting from tiie Drake hotel, uticago, Sunday night (5) over CBS, offered a muoi more varied style of seliactions than when he aired for Lady Esther. Opened and closed with his characteristic waltzes, but otherwise played differ- ent rhythms of fox trots, rhumbas, etc. String and reed sections of the band present an agreeably smooth tone, in contrast to the blaring of swing outfits, and it's particularly pleasant listeniiig late at night However, King could profitably use a better vocalist than himself. Jimmy Dorsey guested Sunday night (3) on the Fitch show over NBC r^d, leading his orchestra, toot- ing several saxophone bits and an- swering questions by Henry M. Neeley. It was a reasonably enter- taining edition of the series, but hardly calculated to bounce the lisr tener out of his armchair. Dorsey's billing of 'world's gre'atest saxo- phone player' was plugged ad nauseum and his 'Interviews' with Neeley, besides being obviously read, were on the tepid side. It seems Jimmy's celebrated split with Tommy was not the occasion for a feud or bitterness, but merely resulted from the inevitable conflict of two such temperamental geniuses in a single organization. Brothers have always been the best of pals. Dorsey's music was the show. It was skilful and stirring. Fitch's four commercials, two of them long, were overboard for a 30-mlnute show. •Milkman's Matinee,' Stan Shaw's 2-7 a.m. doily recorded dance music stanza over WNEW, N. Y., has the dubious distinction of using much the longest signature-theme of 'any program on the air. Every broad- cast opens with the playing of a complete recording of 'Our Very Good Friend, the Milkman,' then fol- lows that with an entire recording of a sDCcial 'Milkman's Matinee' song. Two numbers probably run six or seven minutes without a pre- liminary aimouncemei^t or break. About the only thing that can be said for wasting so much time on playing the same old numbers (and not exactly sensational numljers at that) is that over a five-hour stretch Shaw may fltiire he has plenty of .time to waste. Lanny Boss does a concert shot with the New Haven Symphony or- chestra March 27. 'The Hot Mikado,' WPA produced show now. on Broadway, got itself a , plug on the 'Designed for Enter-^ tainment' stanza over WOR, Newark, Sunday night (5). The samples were skimpy, but they afforded a pretty good idea of what the all- colorad troupe in the Federal thea- tre production were c' ling. The two bits interoolated in the pre gram had the cast first doing Gilbert and Sul- livan straight and then giving It the jive treatment Harry Minturn, who produced the operetta's swing version, got him- self into the picture via a brief but not snappy interview. Benay Venuta, the program's regular emcee, asked the questions. Forget It, Sez BBC London, Feb. 28. BBC announcers, when read- ing news bulletins or other items, are instructed to scrap their script and fall back on their own Idiom if the words as printed don't fall easily off their tongues. Rule is one of several aimed at preventing staff speakers being classed as . Just talking machines. Prof. A. Lloyd James, who supervises training of BBC speakers, revealed this point in recent radio debate. MABEL COBB 'Book Theatre' with Jerry Lawrence, John Peek, Joseph' Cunningham, WUIIam Bca4)h, Herbert Goldman, Milton Moss, Edward Dawson, Maynard Doerfllnger IS Mins. Sustaining Sunday, Z p.m. WOB-Mutnal, New Tork Although this dramatized book re- view stanza has. a novel idea, it's limited in scope. Is of negligible value either as radio entertainment or as a guide to reading and it is uncertainly scripted. Seems a weak entry, particularly spotted in this early Sunday afternoon slot According to Mabel Cobb's blurb, th^ program *is designed to propel the slow and cautious to rush out and buy the new volume.' Disre- garding- the question ol whether the aim of book rcfvlewa should be aulte that simple^ It seems unlikely lat this show will have the desired result anyway. Session took nearly all the IS minutes to dramatize pain- fully trite bits of Spanish-American War ' history and left only about three sentences of actual opinion and comment about Gregory Mason's book, 'Remember the Maine.' There . are a number of funda- mental weaknesses in the whole idea of dramatized book reviews. It places undue stress on .books that lend themselves to radio adaptation, for one thing. Also the Important thing.about most books Is the style and quality of the writing- and adaptation can naturally give no hint of that Apparently .the prob- lem simply ''comes down to this: does the listener want book reviews or drama? By striving to combine the two, 'Book Theatre' achieves neither. It seems pertinent to wonder whether any single person can keep abreast of current literature and still find time to prepare a success- ful weekly radio show.. Miss Cobb is said to read the books herself, do her own scripting, select the casts and produce the program. On that basis she n)ay be admired for her energy, if hot praised for her show- manship. For if. 'Remeniber the Maine' is as shallow, transparent and hackneyed a volume of buncombe as 'Book Theatre' made it sound. Miss Cobb's literary taste is as faulty as her scripting. Considering the limits of his mate- rial Roger Bauer made the most of the directing stint Jerry Lawrence was announcer and the others listed in the credits were members of the cast Hobe. DICK HAB'HGAN Organist 16 MInsv— Local Sustaining WOKO, Albany Former Troy theatre consolist, broadcasting on an early afternoon sustainer, is tops among the' organ- ists playing studio Instruments here- abouts. In finesse of technique and in wideness of repertoire, he leaves the others b*ehind, particularly in field of popular music. Trojan is only organist heard on local radio who can really swing it, the draw- back being that small Hapimond electric sounds pumpy when ragged too. much. On some broadcasts Hartigan is inclined to emphasize fast tempoed numbers, rather than the slower, quieter, dreamier selec- tions best suited to most organs and certainly to WOKO's. Ks can do the latter in tip-top style — themer, 'Diane,' woven through the quarter hours, alone- proves this. Hartigan Is at home with the classics, too. When first caught he included a Sunday afternoon period leaning to heavier stuff. Jaco. PALOMA Singer STANDARD BRANDS Thursda'y, 8 p.m. WEAF-NBC, New Tork (J. Wolter Thompson) Answering only to a single name, this girl, possessor of a warm voice and a Portuguese song repertory, is from Brazil. She's a fugitive, or sue the press agent, from the duenna-ridden social world of Rio. Paloma comes over the radio most engagingly. Has fiexible timbre and torches a rhumba tune, or its equiva- lent, \vlth more than ordinary dis- tinction. In the persiflage with the m.c. there was some name-punning, he calling her 'Pal' and adding that she should call him 'Rude.' Chit-chat meant almost nothing, but at the same time it showed that the girl Isn't solely melodic. . A nice net impression; Land.' LET'S GO HOLLTWOOD With Gloria Dlokson, Bonlta Gran-* ■ vlUe, Frankle Thomas, Bryan Foy Owen Crump, Starlight Sere- naders, Leon Leonardl's orch. 30 Mins. — Regional FORD DEALEBS Friday, 8 p.m. KHJ, Los Angeles This one enters -the studio ex- ploitation vs, theatre exhibition up- roar as a prospective. Mutual net- work — Warner Bros, co-op. Just now it Is limited to 28 Coast trans- mitters and a regional sponsor, the Ford dealers of California, and must obtain a string of local sponsors as a prerequisite to spread east to Bal- timore and a couple of other towns where tie-in ouspices have already been tentatively arranged. Program will need this preliminary sales sup- port as a first step.: Sandwiched iii between musical . interludes and airy banter by Emcee Owen Crump was a sequence from a WB picture, 'Nancy Drew, Re- porter,' which brought on Bonita Granville and Frankle Thomas in a re-enactment of their film lOltSs. As an air trailer. Its undoubted Intent, it didn't strike home. At one junc- ture in the dramatics the music broke. Into the dlaloi; and the acting otherwise was perfunctory. Tunes played by Leonardl and vocaled by Starlight Serenaders are mostly from the Warner music cata- log. Crump does his usual good job of running the works and had' Gloria Dickson on for a crossfire of persi- flage and the bestowal of a medal for something or other. Each week Warners will book 'minor studio personalities on the program to hop up interest in sec- ondary pictures. Formula is stand- ard for this type of show with no attempt at freshening up the process. Inspired production might lift it out of the ruck. The dialer pays a stiff price for the listening, having to put up with a double dose of plugging. If it isn't Ford, it's a Warners piel ture. Helm, •HT EBBOB' With Curtis NieholsoD Quia SuslUnlag Saturday, 9 pja. WEVD, N.T. Another in the series of q, and a. programs and too clearly a copy of others to get anywhere. Poor speak- ing voice of Nicholson contrioutes largely to the bad impression. Voice is at times unintelligible and pro- nunciation slipshod. Questions them- selves are not clearly presented for listeners to follow and, if they were so inclined, beat the quizzed to the punch. Follows the lead of another big. show of its type iti allowing studio audience to answer queries when participants, who aren't allowed much time, miss out On show caught one question was promptly- answered with 'darned if I can re- member.' Method of scoring correct answers Is also rather vague. Cor- rect return is awarded one basket Yet at the halfway mark after many more 'baskets' had been scored the score was four to three. Tight game. Brockington (Continued from page 47) in the forefront of political affairs for some time to come. It is understood that one of the members of the Radio Committee may emerge as a national figure if his plans to query the efficacy of the CBC setup are permitted to go through. And even docile members of the Liberal Party are finding It difficult to swallow the CBC affront to the power vested in Parliament Liberal Party members who are di- rectly involved in the broadcasting controversy find it difficult to recon- cile the policies of the CBC with the promise of Prime Minister Mac- kenzie King in a radio address prior to his election in 1035 in which he stated that 'I am opposed to the cre- ation of any further monopolies.' In regard to the censorship of the George McCuUagh broadcast Brock- ington admitted that the Board of Governors had disagreed on barring the McCullagh broadcast from a pri- vate network of stations, although unanimous in their decision to kdep McCuUagh off the CBC net. The witness stated that there was noth- ing In the CBC regulations which bans the broadcasting of personal opipions on private networks, but added that there was no policy 'unequivocably forcing the CBC to permit such broadcasts. Brockington threw orchids to George McCullagh's 'engaging' per- sonality and professed himself in favor of 'free speech,' providing the CBC censored the material first Brockington is scheduled for ex- an^ination by members of the Radio Committee early this week. Wednesday, March 8, 1939 MUSIC— DANCE BANDS VARIETY 49 15 Best Sheet Music SeDers (Week ending March 4, 1939) Deep Purple Robbing Penny Serenade Shapiro Umbrella Man , .....Harms ♦Funny Old Hills Paramount I Cried for You Miller Little Sir Echo , , Bregman • *I Have Eyes Paramount •You're a Sweet Little Headache Paramount I Promise You ABC God Bless America Berlin I Get Along Without You Very "Well Famous Hurry Home Spier Deep in a Dream Harms You're the Only Star ...Shapiro tMy Heart Belongs to Daddy Chappell * Indicates filmusical song. t Indicates stage production' song. The others are pops. OVER-COUNTER SHEET SALES SNAPPY Sales situation in the sheet music business last weelc disclosed some- thing that hasn't happened in at least six years. Each of the three' top ' numbers rated as smash counter hits, Their aggregate sales for the weelc was 101,000 copies. 'Deep Purple' (Bobbins) had a turnover of 49,000 copies; 'Penny Serenade' (Shapiro-cefn jtein) ac- counted for 29,000 copies, while ' 'Umbrella Man' (Harms), in its sixth week as a major seller, figured for 23,000 copies. 'Purple' did 16,800 this Monday (6) and by press time yes terday. (Tuesday) had gone over 20,000 for the day. "Umbrella Man' has already sold 325,000 copies and looks set to go 60,000 more. 'Purple' and 'Serenade' •re expected by the trade to show similar, if not better results. A 300,' OOO-seller has been the rare 'excep' tlon in the business for some years. Shaw Stays with Victor, $2,000 Each for 25 Artie Shaw has signatured a con- tract which will keep him under RCA Victor's wing for another two years effective next Wednesday (15). Agreement, agented for him by Rockwell General Amusement Corp., guarai\tees him 25 records a year at $1,000 a side ($2,000 a record) against loyalties. ■ It's a $100,000 deal. Eli 01>ersteln, who quit Victor to organize a new disc company, offered Shaw a guarantee of $50,000 for one yeatv Decca Stock Moves Washington, March 7. Buying and selling of Decca Records, Inc., stock among officers and directors of , the corporation re- corded Tuesday (7) by the Securi- ties and Exchange Commission. Big- gest deal constituted purchase of 9,105 shares common by Alfred IJecker of Chicago, who held 3,205 shares at the end of last January. Decker also purchased 43 shares of 7% cumulative preferred stock on the same- day (Jan. 4), winding up with that number. E. P. Stevens, Jr., New York of- ficer and directoir, dropped 750 shares of common under gift classification —nature of ownership not reported. I^ft a large stockholder, however, with 12,821 tickets available. Ten shares of the 7% cumulative papers were picked up by the Decker "Tiust, SEC records revealed, in addi- tion to 2,650 shares common already held. ASCAP's Atlanta Branch American Society of Composers, Authors and Publishers has estab- lished its own office in Atlanta, with 1. T. Cohen as district manager. Area was formerly represented by a local lawyer, William Amaud. Borb Morros wrote title song for Walter Wanger's 'Winter Carnival.' College Bands Missing At Hockey; Part of AFMDeal St Louis, March 7. The ice hockey games between four college teams in the Arena last 'week were- played without the usual college bands being in action. Con- tract between Musicians Union and Arena prohibit rah-rah tooters per- forming unless at least 20 union tooters are hired. ' Sam Meyers, .prez of AFM, Local No. 2, put this through last fall, at the time the building was taken oft of the unfair list of the Central Trades and Labor Union. NIG. FINED m BY Niles T. Granlund has been fined $5,040 by the trial board of the New York musicians union for paying underscale wages to Jack Melvin and his band while the latter were em- ployed at NTG's nitery, the Mid- night Sun. Members of ihe combina- tion had previously been penalized. While NTG's case was pending the union banned the employment of Local 602 members in the spot un- less the band were paid off in ad- vance every night Al and. Lee Reiser, pianists, have been engaged by Ijibecty Records to record Arthur Schwartz-hit tunes from 'Leave It to Me,' current legit musical. Sam Coslow mked a one-picture pact with Metro to clefl three songs for Virginia Bruce, whoU warble 'em In 'Penthouse,' skedded for produc- tion soon. Tony Martin's Albom Tony Martin, who closea a two- week booking at the Paramount New York, yesterday (Tuesday), opens Friday (10) at the Paramount, Newark, with the State, Hartford, to follow. Singer set a deal last week with Jack Kapp to make Decca records. They'll be chiefly pops, but he'll also do an album of California classics for the Frisco expo trade. Filing Delay Issue Looms In Copyright New York music publishers have been advised that as a result of the U. S. supreme court's decision on the Washingtonian vs. Drew Pearson case Col. E. L. Bove, registrar of copyright has had a bill' introduced in Congress which would set a limit on the time that a manuscript would have to be deposited following pub- lication. Col. Bove's. measure would make it within 30 days for domestic compositions and 60 days for num- bers #bblished abroad. Violation of such prescribed periods would auto- matically place the number in the public domain. Decision in the Washingtonian case has had' a disturbing effect on some of the major . music publishers in New York, while the finding has proved of beheflt to other pubs. This issue is Expected to prove of con- siderable importance in the fight be- tween the Joe Morris Music Co. and Shapiro, Bernstein Sc Co. over the re- newal rights to 'My Melancholy Baby.' In the Washingtonian Publishing Co. matter the authors, Drew Pear- son and Robert Allen, had failed to fllie their copies of the articles until long after they had been published. The highest court held that such fail- ure to deposit did not invalidate the writers' copyright and that they might sue for infringement so long as the proper deposit had t>een made before filing the infringement action. Melrose Firm Files Albany, N. Y., March 17. Melrose Music Corp. has l^een chartered to conduct a business in sheet music, music scores, books, etc., with office in New Yorlc. Capi- tal stock is 100 shares, no par value. Nat Debin, Jerome Lewin and Muriel Sieger, 1619 Broadway, N. Y. C, are directors. Wm, R. Berlcson is filing attorney. AI.M. at 802 s Request Cancels Band Booking Licenses of 22 Spikes Cleveland Rumor Of Consolidated Folding Cleveland, March 7. Consolidated Radio Artists is not closing Its Cleveland office, declared Don Haynes, manager, in refuting rumors floating around here' about curtailment Reports were probably inspired by dropping of Norm Ken- dall, according to Haynes. Kendall had charge of club department Which was thrown tout because it couldn't buck local curbstone book- ers and bandmasters who have a virtual monopoly on talent-penciling for niteries. Only other change was letting out of one typist Morrey Davidson cori- tlnulng to handle Southern part of Cleveland territory for Consolidated, with Haynes covering Northern sec- tion and Phil Brown ' heading one' niters department Ira Arnstein b Court To Prove Music Indostry Conspires Against ffim Suit of Ira B. Arnstein on two causes of action, first of which is an accounting of profits, damages, esti- mated by the plaintifiV at over $2,- 000,000, and a decree forcing the American Society of Authors and Composers to admit him to memlier- ship, and the second charging con- spiracy on the part of ASCAP, The Miisic Publishers Protective Asso- ciation, The Song Writers Protective Association, NBC and CBS got under way in the N.Y. federal court before Judge Edward A. Conger on Mon- day (6). Other defendants named in the ac- tion include Warner Brothers Pic- tures, Inc., M Witmark & Sons, the Bgtfadway Music Corp., E. B. Marks Music Co., Mills Music Co., Harms, Inc., Sam. Fox Publishing Co., Na- thaniel Shilkret Emery Deutsch, Gene Buck,' John G. Paine, E. C. Mills, Harry Fox, Edwin H. Morris, A. M. Wattenberg, Louis Bernstein and Paul Jonas. The plaintiff, who claims the plagiarism of some 50 odd songs composed by him, spent the first day of the trial reciting his grievances. An indication ... to which way the wind was blowing was shown by the judge's remark toward the con- clusion of the morning session. He turned to the 30 odd attorneys in the room and stated, 'I am sorry to de- prive you men of a week's work.' Network Plugs, 8 AJW. to 1 AJH. FottoiDing is a totalization of the combined plugs ot current tunes on NBC (WEAF and WJZ), and CBS (WABC) computed for the week from Monday through Sunday (Feb. 21-March 6). Total represents accumulated performances on the Uoo major networks from i a, m. to 1a.m. In 'Source" column, * denotes film song, t legit tunes, and popf speaks for itself. GRAND TITLE. PCBLISHEB. SOURCE. TOTAL. Gotta Get Some Shuteye Berlin Pop 54 Penny Serenade Shaoiro Pop 37< Could Be Santly Pop '36 You're a Sweet Little Headache Paramount. *Pa;'is Honeymoon 36 Deep Purple Robbins Pop 34 Heaven Can Wait Remicfc Pop 34 This Is It. Chappell tStars in Your Eyes 32 This Night Bregman ♦Honolulu 31 I Have Eyes. Paramount *Paris Honeymoon °. ... 28 ICriedforYou Miller Poo , 26 I Promise You , ABC Pop . , 26 Get Along Without You Very Well Famous Pop 25 Jeepers Creepers Witmark •Goinc Places 24 This Can't Be Love Chappell tBoys from Syracuse Umbrella Man Harms Pop .'. . Chop Sticks Shapiro Pop We've Come a Long Way Together Feist Pop ..'; — Masquerade Is Over. ... Crawford Pop My . Heart Belongs to Daddy Chaopell „tLeave It to Me Between a Kiss and a Sigh Santly Pop Hold Tight.- ..Exclusive Pop Rainbow Valley.. Morris.. Pop I Long to Belong to You Red Star. ; Pop I Go for That Famous ................... *St. Louis Bluej Good for Nothing Witmark '. Pop Begin the Beguine ; . . Harms Pop 23 23 22 21 21 21 • 20 19 19 19 H7 17 17 Honolulu • Bregman .'•Honolulu' '.■ 16 Little Sir Echo. We Speak of You Often Blame It On My Last Affair. It's All Yours........ They Say Never Felt Better. . Bregman Pop . Olman .' Pop .Mills Pop .Chappell tStars in Your Eyes.. . Witmark Pon Miller Pod Romance Runs in the Family Ager Pop Hurry Home Spier Pop Deep in a Dream ... Harms . — Pop , Get Out of Town Chappell tLeave It to Me » 12 Annabelle , Feist Pop Cuckoo in the Clock Berlin Pop Moon Is a Silver Dollar Robbins , - Pop Among Those Sailing Marks 'i Pop Room with a View Bregman Pop Let's StOD the Clock Remick Pop I Want My Share of Love Harms Pop Undecided Leeds .. .^ .Pop Trial board of the New York mu- sicians union will by the end of the current week act on a second batch of band bookers, who are charged with engaging in underscaling prac- tices or violating various union rules and regulations. Next move will be to ask the American Federation of Musicians to cancel the. licenses of the guilty agents. Following the recommendation of the same trial board, the interna- tional .union last weelc advised 22 band agents the privilege- of book- ing ' AFM members has been with- drawn from them.' The agents com- prising this initial batch are as fol- lows: Charles Rapp. Al Rock. Carlton Hubb. Al Rogers. Louis Riccardi (National Radio it Entertainment Bureau). Sid Hall. Resort Entertainment Bureau. United Entertainment Bureau. Nevco Entertainment Bureau, Acme Booking Agency.. Percy Oakes. Nick Elliott Mike Hammer. Parker & Ross. Sylvan Amusement- Bill Robbins. Columbia Entertainment Bureau. Eddie Luntz. Ted- Crane. Tom O'Connell. Frieda Solomota. It's All So New to Me Feist. Ice Follies 10 JACK BOBBINS' 25YRS.INBIZ Jack^ Robbins, head of the Metro- Robblns publishing group,' celebrates his 25th year in the music business March 25. The occasion will receive attention on tbe air from band lead- ers on national hookups who will play medleys of Robbins hits. Th-sre will also be tributes from name v,o- calists and screen personalities. Among the composers that Rob- bins has either backed or introduced are Ferde Grofe, Rube Bloom, Thomas Grisselle, Lou Alter, Rudy Wiedoeft Blx Belderbecke and Frank SignorellL MILLS EXaUSIVES CINEPHONIC MUSIC For the first time since 1925 Mills Music, Inc., has entered into an ex- clusive representation contract with a London publisher. Reg Connolly, of Clnephonlc Music, Ltd., closed the deal by cable last week. Agreement is for two years, with options, and gives Clnephonlc first call on all Mills publications. Mills^ po'Ucy for the past 13 years was to place Its tune abroad with the high- est bidder. SOME PROGRESS MADE Encouraging First Steps In 'Cleanlor Up Bribe Evil ^Professional Music Men, Inc., and popular publishers got a step closer to an Rntl-bribery pact last week when it was agreed to hold a series of discussions 'for the purpose of drafting the terms of this pact. In- itial sessl'on of committees from the two camps will be held at the Music Publishers Protective Association of- fices this Friday (10). Group of pubs who met with a delegation i: i l / .n (, // / r i \ i o \ i i h DEEP PUR P I. E n<,r .M r S I C (.: 0 F{ P 0 R A T K) > . 7 9 9 > i; \ E .\ T H A N K NIK . n F. V \ u U K ^ AN OUTSTANDING SONG EVENT : LITTLE SKIPPER *, Words and Music by NICK KENNY and CHARLES KENNY ^ •k- ■ ^ LEO FEIST. INC, • 1629 BROADWAY, NEW YORK • HARRY LINK, Gen Prof, Mgr, Wednesday, March 8, 1939 ▼AUDE— MIGHT CLUBS VARIETY SI Phifly Booker, Act Groups End Feud Plan Joint War on Unlicensed Agents +- Philadelphia, March 7. The Entertainment Managers As- sociation, boolter group, and the 'United ' Entertainers Association (American Federation of Actors), long at loggerheads here, have joined in an effort to oust chiseling book- ers and 'foreign,' unlicensed agents from the state. .A cabaret division of the EMA has been set up under Roy Cross to sta- ' bilize wages and working condition^ of night club acts. The division is also drafting a measure to be pre- sented at the current session of the legislature to strengthen the present agent licensing act. ' 'Florence Bernard, president of the EMA, is one of the leading oppo- nents of unlicensed, out-of-town agents^ who operate here without paying the $110 fee required of li- censed bookers. . The new minimum scale set down by a joint UEA-EMA board follows: . $10 a night for chartered clubs; $18 for three consecutive days at caba- rets and $21 for three non-consecU- tive days. Agents who violate this scale will be liable for the forfeiture of a $50 bond . deposited with the board. Tom Kelly, Local UEA business agent, has announced he would start a drive within the next two weeks to get all agents, licensed with the AFA in conjunction with a similar nation-wide campaign of the actors' union. Most of the local bookers are showing a disposition to co-op- crate. Under the licensing plan agents agree to book only AFA mbrobers ' and at no less than A^A minimums. BEN V. HARRIS KIUED IN UPSTATE N. Y. CRASH A motor crash near Seneca Falls, New York, while coming east from Chicago, caused the death Sunday (5) of Ben V. Harris, 35, of the Harris Twin's and Loretta vaude act. Trio had only., recently returned . from Australia and were en route to play their, flrst date in this country in four years, at the State, N. Y., open- Inc being scheduled for tomorrow (Thurs.). Harris' twin, Bert, was only slight- ly injured in the accident, but his vife, who is X.oretta, is in serious condition, reports today from the Auburn (N.Y.) City hospital indicat- ing that she's paralyzed. Bert Harris was. driving the car when it crashed Into a truck. His brother leaves a widow. Al Gordon, who was pulled out of the current State show opening day last week (2) because the show was tec long, and tentatively set back for a week some time in April, has been, substituted for the Harris Twins and Loretta in. next week's show. Carroll Changes Acts Instead of New Revue Hollywood, March 7. Earl Carroll will bring new acts intermittently into his theatre-res- taurant instead of building an entire new revue as was flrst contemplated. Original idea was to give each new show, a three-month run. and then ship It east intact on an arrangement with New York niteries. New acts are being brought in to leplace Harrison' and Fisher, dance team, and the Three Sophisticates. Ballroom iao of Ygor and Tanya go in next week. Bojangles Wins Hartford, March 7. Arrested after they had allegedly • attempted to knife Bill Robinson and his valet, Harold Carter, at the State Wednesday (1), two local colored men received light sentences in po- lice court Saturday morning <4). Both were charged with breach of peace. Robert LaBelle was fined $10 and costs and given. 20 days in the city jail, execution suspended, and George Morse was fined $10. The men were arrested after they had crashed backstage at the State where the terper was p.a.'ing, and refused to leave on orders of Oscar' 'Sticks' Matarese, doorman. Robin- son and his valet subdued thenii' VAUDE GETS BREAK Seven Acts Signed for Sequence In ZOth-Fox's 'Square' Hollywood, March 7. Vaude gets a break in 'Rose of 'Washington Square' at 20th-Fox with the signing of seven acts for a the- atre sequence. Acts are Biltniorettes, Igor and Tarlya, Sophisticates, Stanley and White, Maxwell Turk, Lurline Uller and Marvin Jensen. AFA SIGNS TWO MORE PITT CAFES Pittsburgh, Mistfch 7. AFL's American Federation of Ac- tors continued last week to tie up town's niteries, signing closed shop contracts covering entertainers at the Plaza Cafe and Italian Gardens. Drive began recently when a local entertainers union announced it had becoine .affiliated with the CIO, first time this outfit has ever recognized a performer organization. George La Ray, international rep for AFA, said he expected to con- summate deals with several, other niteries within next few days. First to sign up was Nixon Cafe, and it's generally believed contract here was the signal for others to fall in line. Late signers had previously told LaRay that once Nixon fell into line, they would follow. That spot, operated by Tony Conforti, is town's No. 1 talent-user in the night club field. HiMegarde Suspension In Pact Violation Lifted Hildegarde's 90-day suspension by the American Federation oit Actors for failure to live up to a contract with the Colony club, Chicago, was lifted even before it was scheduled to begin, following an appeal to the AFA council by Martin J. Desmoni, her lawyer. Council set the suspension aside pending arbitration. Terper Wins Court Bout On Title to $7,000 Estate Rochester, N. Y., March 7. Bobby Newall, night club tap dancer, won a new name and title to a $7,000 estate in court actions, all in the same week. County. Court Judge H. Douglass Van Duser issued an order permit- ting her to use her professional tag for all purposes instead of her real one, Mrs. Elizabeth Ludolph Worden. Also, the niece of a friend of Miss Newall's accepted a $100 settlement of an action to break the will which left $7,000 fo the dancer and cut off the niece with $1. Swing WsM Readied In Ciiicago f or YaodeviDe Chicago, March 7. An all-colored 60-minute swing 'Mikado' for picture houses is being readied here by Harry Rogers. Cast of 75 has been recruited from vaude and legit and indications are the show .will open in a Loop house March 24 or April 7. James Staun- ton is staging. VAODEraVAL' FOLDS IN BALTO Baltimore, March 7. Ijaughter Over Broadway,' with which Kurt Robitschek and Julian Fuhs sought to bring back 'big time' vaude to the Maryland here, folded after one week. . Withdrawal of policy from the Maryland leaves that house again open for indie bookings in legit. Montreal, March 7. Vaudeville: may be discontinued at Loew's here within two weeks. Consolidated Theatre execs are mulling plans to adopt straight pic- ture grind policy at Loew's, using double features, after a losing season. Bad Biz, Union Row Force Shattering Of Niteries on Coast Los Angeles, March 7. Three of the town!s front line niteries have drawn the blinds. Trocadero, after several changes in management, gave up the ghost and reopening awaits a new bankroUer. Ambassadors Cocoanut Grove ran into union trouble and it's reported the hotel is in the fight to a show- down. Biltmore hotel's Bowl goes dark tomorrow (Wed.) due to tough sled- ding. When musicians union re- fused to adjust the scale for a bond to follow ,Shep Fields into the Bowl and Bob Keith's group into the Rendezvous, the hotel folded. MRS. 0. M. SAMUELS HOLDING N. Y. SHOW F&MHnlaUnit Los Angeles, March 7. Fanchon ° & ' Marco unit of 40, .headed by Rube Wolf, opens an eight-week tour of Hawaiian Islands Friday (10) .at Kings theatre, Hono- lulu. Troupe comprises orchestra, line of girls, Ole Olsen (not of Olsen and Johnson), Ruth Faber a\ 1 Lester the Great Trip is a honeys. .oon for four of the musicians. Nofvell's Tour Los Angeles, March 7. Bert Levey has booked Norvell, astrologer, for a country-wide tour. Opening in. Oakland, Cal., this, week, Norvell- covers the northwest before heading tostward. Mrs. O. M. (Helene) Samuels of New Orleans will hold a 'one-man'' show of her paintings at the Argent gallery, 42 West 57th street. New York, on April 11. A tea will follow. She's wife of Monte Samuels, well known in show biz and for 25 years Variety f.l. (for love) representative in the Louisiana metropolis.' PITMAN TURNS LAWYER Edaard 'Werner Admitted to Prac- tice — Played Theatres, Radio Detroit, March 7. Eduard 'Werner, for many years batoner of th^ Michigan theatre pit orchestra here and recently director of symph band at WXYZ, is enter- ing his third profession, law. Join- ing the local firm of Belanger, 'Wood, Jacquemain & Werner. In his youth a member of Hun- gary's arniy, 'Werner took up the violin and went to New York as a teacher. After a tour of the U. S., he settled down in Detroit to lead one of the country's . first film the- atre orchestras at the old Liberty here in 1914. Subsequently he di- rected bands at the Madison,. Adams, Capitol, Stale and Michigan- theatres, here, moving into radio last sum- mer when the Michigan dropped vaudeville. .While batoning at the Michigan he studied law and was admitted to state bar last June, Lombardo's 3-Week Date At Strand, New York City Guy Lombardo orchestra goes into the Strand, N. Y., for three weeks AprU 7. Lombardo will draw $10,000 which will cover the cost of the band end supporting show. . Makes another Music Corporation of America crew to switch from the Paramount to .the Strand. Norvo Preems New Band Poficy At the Hatbusli, Bldyn Jarch 17 SIGNS DEB SINGER Embassy, Phllly, Already Doing Good Biz with Bine Book Terper . PhiladelphU, March 7. The. Embassy club, ringing up good business in . the past three weeks by featuring .a debbie hoofer, Cynthia Wai^, yesterday (Mon.) signed Eleanor L. Piper, also, of the Blue Mook, as- a chirper. She debuts Thursday (9). Miss Piper has been singing on. a WCAU cufio program for the past couple of months. 4A^S INQUIRY OF AFA OPENS INN.Y. Probe of the Four A's into the operation of the American Federa- tion of Actors got underw.ay yester- day (Tuesday), when lawyer's and accountants started studying the AFA books in N. Y. The investiga- tion was requested by Ralph White- head, executive secretary of the AFA, following published charges that he dominated the vaudeville- nitery actors' union. Four A's committee appointed to investigate the AFA includes Flor- ence Marston, chairman of the prob- ing group and eastern rep of the Screen Actors Guild; Frank Gill- more, prez of the Four A's; Paul Turner o£ the Four A's; Paul DuUzell, of Equity; George Heller, of the American Federation of Radio Artists; Henry Jaffe, of. AFRA, and Benjamin D. Reis', an accountant Charges against Whitehead were originally contained in a letter, to the Four A's by Harry Calkins, or- ganizer for the AFA who had been dismissed for allegedly abusing, his power. Later, at a Four A's meet- ing, Whitehead demanded a full in- vestigation to clear his administra- tion. Helbach Reinstated As Onp Chb Director .Ousted several months ago. as a director of the Onyx Club,' New York, Joe Helbach, 'reputedly one of the 'Club's originators, "was ordered reinstated last week by, Judge Aaron G. Levy of supreme court, N. Y. Reason for Helbach's ousting was hot made known. He's the owner of the Onyx title and was planning to open another spot under that name if his reinstatement. suit was unsuc- cessful. Enright, Pitt, Returns To Weekly Am Shows Pittsburgh, March 7. The Enright, WB's big-seater In East. Liberty, near here, is returning t3 its Friday night amateur shows in an effort to bolster biz there on that day. Management has hired Brian McDonald and Jerry Mayhall to stage the shindig.- Both have been doing a sponsored tyro program over WJAS here every Sunday for last four years. There'll be eight acts on the bill every week to be picked earlier by audition. Cash prizes of $10, $5 and $2 will be awarded to the winners, to be judged by audience applause. Probable, too, that the best of them will also get a spot on the McDonald- Mayhall radio show. Eva Puck Divorced Santa Monica, CaL, March 7. ' Eva Puck, former vaude and mu- sical comedy player (Puck and White), was granted a divorce here March 1 from Robert Groves. She was granted alimony of $120 a month. New band policy for the Brandt Circuit Flatbush theatre, Brooklyn, starts March 17, Red Norvo band, . with Mildred Bailey, Cross and Dunn, Lorraine and Rognan and the Varsity Co-Eds are set for the band- film policy opener. House will have 5Sc. top week days ' and 75Ci week- ends. Benny Merbfl orchestra and the Andrew Sisters are booked for the week of March 25, and Jimmy Dorsey . is dated for the week of April 7. - Larry Clinton goes in later in April House will also have a standby or- chestra. The Flatbush, a B, F. Keith ace vaudeville house until 1928,- when RKO built the Kenmore across the. street will be completely renovated. - There will be four complete shows daily, -with five Saturday and Sun- day, Arthur Fischer and Milton Roemer are booking. . The Brandts are trying to work out a' deal with the musicians union - on the standby orchestra which . would permit the crew to be used outside the theatre. Plan is to farm the orchestra out to schools, depart- . ment stores, factories, commercial establishments, etc., whenever it is . idle. Circuit would continue paying sal- . aries and would . furnish the. enter- tainment gratis. In return for giv- ing services of the band, theatre fig-, ures Xt build good- will for its new ' policy. So far the union has nixed tht. idea. Pitt's Temporary Vande Pittsburgh, March 7. The Senator, Harris outfit's No. 2 downtown house, will go flesh again temporarily March 17 when it brings the Blackstone magic unit in for a . week. It. will be only the second time since house opened last Novem- ber that it's had a stage show. In- augural bill had John Boles. Both Harris first-runners go in for flesh occasionally on a spot basis. Alvin's last show was Jane. Withers oh New Year's week, but nothing's been on the boards since. Execs say ' if Blackstone clicks at the Senator, : units may be booked there oftener. Town's only permanent flesh spot is the WB SUnley. Band Shows for Madison . Madison, 'WJs,, March 7. The Capitol here inaugurates band shows Fridays and Saturdays in con- junction with films, beginning Friday (10). Manager Edward'Benjil has booked Dean Hudson and Charlie Agnew's orchestras for first two weeks. 16 FRISCO CAFES GET LIQUOR SUSPENSIONS Sacramento, March 7. Sixteen f .xi Francisco and - sur- rounding niteries had their liquor licenses suspended by the California State Board of Equalization action here last week. Suspensions are for five days, starting Monday (13), on charges of violating the 2 a.m. clos- ing law. Affected were the (Sub TlvoH, Royal Hawaiian, the Thirty-Niner, Ruby Stone Cafe, Embassy Club, Mu- sic Box, the 245 Mason Street 92 Sixth Street, Sloppy Joe's, The Breakers, Club . Moderne, Highway Inn, Dick's Tower, Out of Town Club, Brisbane and Fred Wood's Cloma. In all, the board suspended 34 state licenses, revoked 15, Issued 18 new permits and. denied .75 applications. Indiana Sets Curfew Indianapolis, March 7. Bin passed by Indiana legislature "arid 'slgna'tured by the ' gbverribr Thursday (2) cuts, an hour from previous legal closing time for night clubs, setting the deadline for sale ot liquor at midnight Monday, through Friday, and I a.m. Saturday nights. No sales are permitted on Sunday. Rose Books Debonairs For 30 Weeks at Casa Debonairs, dancing sextet now in the last ot Billy Rose's vaude pre- septations at the Casa Manana, New York, will be held over for new show set to open March 27. They're, set for 30 weeks, along with -James Barton, who was set last week. - Bill Miller booked. S2 VARIETY YAUDE—NIGHT CLUBS .Wednesday, March 8, 1939 Padula, PhiUy Cafe, Sued for Orch Pay; Seek to Setde Arcadia GOG Debts Philadelphia, March 7. ' Double trouble hit Art Padula, op- erator ot the Arcadia-International here, this week. First, a suit was filed against him by Oscar Moldauer, counsel for the musicians union, for $1,500 back pay, alleged to be owed to Bill Honey's orchestra,' which wound up at the Anchorage, owned by Pa,dula, last week. Padula said he refused to pay Honey because the union insisted on holding him personally respon- sible for salary owed Clem Williams' crew, which was holding forth at the Arcadia-International at the time' it closed. Padula claimed the two cafes were under separate cor- porations. Anchorage is now run- ning with Frank Quinn's orchestra, a non-union band. Padula's second wallop came on the same day when a constable sale was held at the Arcadia to satisfy $60,000 worth of debts. About $1,100 ■was realized at the sale of fixtm-es, silverware, etc. The Cooks, Bar- tenders and Waiters Union joint board alone has a claim of nearly $2,000 against the place. Padula has admitted it 'looked, al- most hopeless' that he would ever reopen the Arcadia. He declared- that the creditors were satisfied to allow him to run the place again but he was stymied by the demand of the landlord for an annual rental of $50,000. °It has been reported that at least a half dozen persons have been ne- gotiating for the spot. Among them are said to be Phil Barr,' operator of the 500 Club, Atlantic City, and Johnny D'Augustino, head of the Renault Wine Co., and partner wiith Frank Palumbo of the Renault 'Tav- ern, Atlantic City. Fields H.O. in Chi Chicago, Marcli 7. Benny Fields and other acts at the Chez Paree hold over for an addi- tional four weeks. Russ Morgan orchestra opened at the spot last week for four weekfr^ with options.. Replaces Lou Breese orchestra, which had been there for more than a year. WISCONSIN AUTHORITIES WAR ON CAFE GAMBLING Milwaukee, March 7, With the new drive on ' "mechan- ized gambling,' Ozaukee county joins the cleanup parade on Wisconsin niteries. Waukesha county has had an anti-vice grand jury functioning for a' year. Racine recently clamped down on its downtown gambling rendezvous and obtained several convictions. A two-day raid in La Cros-ie on alleged vice resorts and gambling establish- ments was followed Thursday night (?,) by warnings from authorities that there will be no letup in efforts to eliminate such places. The drive, resulting in the book- ing of 12 alleged violators, was started last week by Chief of Police Herman Rick. BKO, Boston, Starts Pro Auditions to Aid Vauders' Wanine Bookings Mario to Double On 2 N. Y. Nitery Dates Don Mario, who's producing 'Bag- dad on Broadway,' which opens Joe Zelli's Arabian Nights, New York, tomorrow night (Thurs.), ■ will double from the nearby Firenze. Mario has written the book and the music for the show. Arabian Nights opener will in- clude Roberta Jonay, who goes to London and Paris tor subsequent dates. WALl,.\C'K JANICK DILRONE and STARR Present Tlielr Dance Creation, 'White Flame' In tlie Universal Picture "PHARMACY FROUCS" Thanks to MAX RICHARD For Kaoklngii Address MXX RICHAHD, 1674 B'way, M.T.C. Clrole 7-4014 SALVATION ■ Boston, March 7. Professional Auditions every Fri- day evening at the RKO Boston was inaugurated last week by C. W. Koerner, New England division man- ager. Purpose is to aid vaudevilUans suf- fering from waning bookings, by awarding a week's^ engagement to the winner of each audition group. Philadelphia, March 7, The Entertainment Managers AS' sociation, org of bookers, will hold its second audition of acts at the Hotel Walton on Sunday, March 19 A meeting of the group will iollbw, Howard Wheeler, national EMA president, will speak. • 15 YEARS AGOt (From Vabiety; The Methodist Church was going into picture production. Shorts were being made for distribution through the Church's various parishes. The Ku Klux Klan \vas held re- sponsible for the moderate attend- ance of- a Canton, O., vauder owned by one Sam Bernstein, • Eflie Cherry, of the former Cherry Sister team, of vaudeville, back in the news. She was running for mayor of Cedar Rapids, la. Bands, picture arid musical com- edy turns were invading vaudeville, causing a weekly layoff of 1,000 vaude acts. Richard Bennett was continuing to rebuke audiences. He did it while playing in 'The Dancers' at the Adel- phi, Philadelphia. Radio was increasingly becoming a competitive dangier to show biz. Count Salm, who leaped into the headlines by his marriage to the oil heiress, Millicent Rogers, was being given star billing in revivals of films in which he had bit parts. Elsie Janis, Nance O'Neil, Lillian Leitzel, Florenz Ames and Ray Dooley were headlining at the Pal- ace. Jack Dempsey was asking $7,000 weekly upon being offered Keith time. Mrs. Jack Norworth, his third, was granted a divorce from the co- median. Nora Bayes and Louise Dresser were his first' two. Maurice Chevalier headed the bill at the opening of Paris' new music hall, the Empire. NEW ACTS EVA LEGALLIENNE With Blohard Warlnr 'Romeo and Jollet' 15 MIns.; Full (special). 44th Street, N. Y. - Eva LeGallienne's choice of the balcony scene from 'Romeo and Juliet' is not an altogether happy one for Frank Fay's straight vaude-. ville venture. It's a show slower- upper; an interlude so quiet that hardly any type of act can pick up the pace. It s out ol place on any variety show. Intermission follows it here. For her Romeo, Miss LeGallienne is employing Richard Waring. He doesn't add much to Shakespeare's verbiage, but later,' in a comedy act with Fay, acquits himself creditably. Once before, at the Palace in 1928, Miss Le Gallienne ' put a vaude au- dience to sleep. Set is nice, but dark. Robert Mil- Ion staged. Sctto. JOHNNY BARNES Dancing: 6 Mihs. 44th Street,. N. Y. Johnny Barnes looks like the best dancing bet to come along iii years. His infectious personality plus stand- out hoofing ability rate him plenty of attention from musical producers. In style and mannerisms he's an ofay Bill Robinson, the comparison being so close that Barnes may be an in- tentional takebff on the colored dancer; Barnes originally came out of Washington and jumped into a Dave Apollon unit. He hasn't been on his own long, and it won't be much longer before prominence catches up with him. Seemingly, lie has an endless array of routines. Almost all of them arc the- nerve-tap, strut type employed by Robinson, and were a solid click when caught in Frank Fay's straighl- vaude show opening night (3). Scho. UNIT REVIEW VODVIL VARIETIES (CAPITOL, ATLANTA) Atlanta, March 5. DeBarries' Birds (2) , Crj/.-Jtal Cook, Straub & Lee; Jimmy Fitzgerald, Griff & Hi. Nolle Tote & Co. (2), Enrico Leide's 'Capitbliaiw (7), Al Mendenfiall's unit bond (4). K. C. Vaude Reprieve; Armstrong, Tucker Set " Kansas City, March 7. Though the Fox Tower is current- ly on a double feature film policy, following nearly five years of vaud- films, it won't Ignore stage ' shows altogether. Name bands are being dated, with Jjouis Armstrong end Orrin Tucker already set. . Armstrong opens March 24 and Tucker comes in early in April. TheTHEATRE of the STARS BOOKING AGENCY GENERAL EXECUTIVE OFFICES LOEW BLDG. ANNEX 160 WEST ST. NEW YORK J . H . L U B I N GENERAL MANAGER. SIDNEY H. PiERNIONT BOOKING MANAGER This one debuted Sunday (5) un- der severe handicap when entire backstage lighting system, including p.a. system, went haywire and per- formers were forced to work in spot. Acts got over well, however, in spite of fact that . lightln'g was sorely missed. Show opens strong with DeBarries, hubby and wife, putting troupe of 15 cockatoos through their paces. Act is well mounted and flashy and birds well trained. Crystal Cook, personable songster, is in second spot and offers a song followed by a radium dance to 'Diga- doo' for good . results. Her voice, however, lacks power without aid of mike.. ^ ■ Jean Straub and Barbara Lee, man and wife banjo team, follow. Femme swings classics to man's accompani- ment and they finish effectively with Von Suppe's 'Poet and Peasant' over ture. Jimmy Fitzgerald, ' ventriloquist, managed to get over without aid of p.a. system, but he had to work hard to do it He uses a big dummy for main part of his act, and encores with a tiny one that fits over his hand. Grift and Hi CHayes Griffith and Cylde Smith) tied up show with their comedy act. Hi works in black- face and has good coon song voice, and Griff plays piano accompani- ments. Former sings 'Hula Lu' and parody on 'Blue Heaven,' encoring with a musical letter. Had to beg off. Nolle Tate, assisted by his wife, are in closing spot with their dog act. Man does some aero stuff to help things along, and pups are smart and have a full.t>ag of tricks. "All told there are 14 in company, counting band and not counting poultry and canines in first and last act. Show's clocked in" 56 mins., .about 11 minutes longer than usual stage bill here. Biz at this viewing hear capacity Luce. Nitery Notes Earl RlgginB has sold out his In- terest in the Brass Rail, Salt Lake City, to Paul Stephens, band leader currently spotted there. MILLIE WAYNE Coniedy Singing 12 Mins. Show Boat, Pittsburgh 'Whacky' is Millie Wayne's nick- name in billing and it'fits h6r like a glove. There isn't an ounce of dig- nity in the gal, but she's a fire- cracker comedienne who, with a little polish and some snappier ma- terial, should wander far. Right now her slot is the nitery belt, and the more intimate the .spot the bet- ter, but eventually musical comedy may find a place for her. She serves as m.c. here, kids the performers and the audience and makes both of them like it She's quicic on the trigger, too, and can make a heckler wisl\ he hadn't opened his mouth. Registers best of all, however, in her own specialty, which is a screwball vocal session accompanied by a baby piano. Gal. ad-libs all through her tunes, literally strangles the tnike and in- tersperses tlie straight lyrics with a running attack of patter: Some of it's a little off color. Her burlesqued imitation of Helen Morgan is a howl, with Miss Wayne showing a natural rowdy comedy talent all the way. Cohen. Joe Pertzborn's Top Hat, Madison Wis., celebrated Its third anni. JEAN ARNOLD Singing 5 Mins. Rivera, B'klyn. Backed assertedly by some radio experience, Jean Arnold has yet to develop consider^ably before making any impression on a stage. Lacking a voice of importance, she also is short on the selling. She makes a nice appearance, however. She is doing three songs. 'Two Sleepy People,' opener, is n.g. on delivery. Another represents more noise over the p.a. system than voice. •Trees' is the finale. Char. MARY JANE WALSH 'Songs .12 Mins.; One • State, N. Y. - Mary Jane .Walsh Is one of the liveliest musical comedy soubrettes in some time. She was in radio and sang abroad with bands before at- tracting attention last season in 'I'd Rather Be Right' This season she was on Broadway again, appearing with the legit revue 'Sing Out the News.' Appearing in Milton Berle's 'show here, the attractive songstress is a swift cHck, despite the fact it is her debut in vaude. and regardless ot. song^' that could be more effective. Comic helps at the start: clowning ■ with Miss Walsh and giving her the laugh' lines. First number is 'Beautiful Baby,* then 'Get Out of Town.' 'F.D.R. = Jones' is her topper, the number be- • ing from 'News,' but. not handled byi her in that show. It was a colored ensemble's contribution to the re- ' vuc. Miss Walsh will doubtless work out a better routine. She is a per- ' sonality and handles songs ex- cellently. Ibee. ALANO taKa dass Mentelist 15 Mins.; One Lincoln, Lincoln Glass-baller Alano Taka Da.ss has a pan that's geared to intrigue the women and a line that traps 'em, but he takes a long time going into - his routine, with the usual patter about being no different tlian the audience except that he's psychic. He's liberal with gags, about every fourth insertion a standard that's phoney, but peps the crowd. Usually they're ncar-dirties. Dass works with the house lights full up and asks that the questioner raise a - hand when name is called, which clears him. of any accomplices. Bam. Saranac Lake By Happy Benway . Seymour Munn here ogling "sites " foV a cafe. Motored in from Detroit Kenneth Farmer of Chicago eyeing his brother Clifford, who is Rogers- ing to a comeback! After her successful operation, Lil- lian Mansfield shifted her address from here to N. Y.. where she's still improving. Isabelle Rook also on the mend, having left the Will Rogers for home. Harry 'Pop' Barrett now 80, for- merly ot the Juggling Barretts,' has ; been having trouble with his eyes. Ruth Hatch, Betty Huntington, Sal - Ragone, Doris Gascoigne, Bobby Kcarns, Joe Drobowski and William ■* Headley reported to be feeling aces . now that they've left here. (Write to those who are 111.) ARTHUR ON THE AIR WITH RUBIMOFF AND HIS ORCHE STflA BpoiiMrcd by Ten Thousand LIGGETT-REXALL DRUG STORES Oait'to. Coast Columbia Broadcosllnfl Systom Nalloiial Broadeutlng Systom M arcli-Aiirll- May Dir. COLUMBIA ARTISTS, Inc. FLORENCE and ALVAREZ Just Returned from 16 Successful Weeks in South America Now Playing Roxy, Ne-w York HELD OVER SECOND WEEK Thanks to MILES INGALIS JACK DAVIES - To the Remaimng Few— Who Have Any Donhts??? BOB HOWARD "THE FAMOUS GLIDER MAN" IS DOUBLDia IN THE WORLD'S NO. 1 NITE CLUP BIIX7 HOSE'S CASA MANANA At>PE.\1tIN Piilnee (10) Kay Kyacr Ore (8) Eddip nurhln Ore cotisini's Vroctor'a (10) Blackatono _ SClIENECTAnY Prortor'M (6-11) Benny Meroll Ore 3 Aberdonlana Mahoney Broa KDINBlKtiH Royal Hope & Lang Chlng Wu Co Ktanley King Dob ' Dyer • Arnele & Bobette Loll. Park Herechel Henlere DeReker & Kortz UT/AHOOW Pavilion Bower A RutherCrd Foster Sc Clarke Pearce & Qrundcn Viggy Carrlngton Bettlna Blchmaa Stevens & Marka UVERPOOI. Sliakespeara Dick Montague Nntana Eddie Fields Dolores Krlatlna. . Cora Craven Pletro Diego 'fv'Ino Monti 3 Stores .' Flack & Liucas Week of March 6 Astoria Ed Morollp UoinlnloD Florence Desmond Hoy Foy 3 '\Vliiter Sis CAMDBN.TOHN . Ciauihont Ai'naut Bros Hill Yatea Alamar Oarnien OIaAPIIAM Donovan «r Hayes Geiirjre 'Dolton Anilri^leva-Co Bobby Hoivoll Ore EAST HAM Omnailu tvor Vlntor Co 3 Shamvas Drury & Bamond ' Premier Jewell & Wnrrlss 3 Manloy Broa Beatrice ft Leon HAMMERSMITH <>aumont 6 Cleveres Norman Long BIlllnRs ft chaae' ISLINGTON niue Ilnll Ray Vaughan Hlntonl Bros LRWISHAM ' Ganmont Band Waggon SHEPH'RDS Bl'SH FnTlllon Norman Long 6 Cleveres Billings & Chase STRATFORD BrORiltvny Jowcll ft Warrlas 3 Mnnley Bros Beatrice ft I « Adrian Rolllnl 3 Holrl Hlltmure Horace Ileldt Oro Larry Cotton Bob McCoy Lysbeth Hugbei Art Carney Red Ferrlngton Henry Dick Jean Farhey Hotel Commodore Sammy Kaye Oro Hotel Edison Gray Gordon Oro Ruth Bradley Hotel Esses Hoow N Brandwynne Ore Dale Sherman Hotel Got. CIIbIod Eddy Mayeboff Ore Betty Gale Hotel Unroln Jan Savltt Ore Tito's Swlngtetts Hotel HcAlpla . J Uessner Oro Raclmo 3 Hotel New Yorker Henry Busse Ore - Don Dickson VI Mele Frazee Sis Flocla Ve'stdft Hotel Park Cnilrel Curt Houck Ore Enrico ft Novello Billy Vine Margie Greene Hotel Park Laee Freddie Starr Oro Dob . Lido Al Harris Hotel Pennsylvaiila Deii Bernle Oro . Dolorea McKoye Mary Dooley Qulntones Hotel Pierre Harold Nagel Ore Hotel Plez* Jack Marsliard Ore N D'AmIco Ore P ft O'Hartman Jane Plckenr' Hotel RooBCTelt Oily Tjombardo Ore Hotel HnToy-Plaza Gerry Morton Oro Hlldcgarde Hotel St. .Uorlts Basil Fomeeo Ore Juno Forrest >Ianya & Zanette Hotel St. Regis (Irldlom Room) Charles Baum Ore Sam Jarvis Erie Belter ^ane Nicholson Don Marton Ore Simpson sis Dorothy Lewis (Maisonette Busse) Mo they Oro Mill Monti Boris Belastozky Serge AbagoIT Hotel Ten Bnecb Light Oro Peggy Monn George Hlnes Smith Howard' Light Brigade Hotel Waldorf- Astorin (Empire Room) Glen Gray Oro Loretta Lee' Maurice Hotel White Lou Lang Ore DoirO'Dell Charlie Macy MIml Francis Jimmy Kelly's Joe Capello Oro Inga Borg tlla'dys Faye Princess Aloma ■ ^lary Lane Tanya Ja'o Leslie Carter ft Schauta Terry Shannon I'csgy de In Planle Valerie Vance Muntmartre Boys Danny Higglns Sid Hawkins Vaugli Comfort Gonz'ics & Christine John Rockwood Gene Walters I.Arae Eddie Daivls Oro Joseph Smith Oro Grazlella Par'raga l.« Coq Rouge Geo Sternoy Ore Anne Francino Tisdale 3 l« Mirage Ray Carnavara Ore Beed Lawton Powers, H'bertsft R Le Roban Bleo Herbert Jacoby Alleen Cook Marianne Oswald Marie Eve Mabel Mercer LeoD A Ediile'a Lou Martin uro Eddie Davis Iris Adrian Mickey ft M Ford Beryl Cooper Joan Grey Billy Burns James Keogan Wally Wanger 6 Uttle Club Roger Steele .Ore Frances Wllllaras Agnes Dwyer Scat Powell Jack Osterinan Meyer's Cellar (HnboKen) Howard Blaine Rosaline Lewis Martha Kovacs. Gypsy Lopez Barbara Eyton Lydia Ehrenbcrg Midnight Sua Buddy Wagner Ore Chlqulta Venezia Geraldlne Rues Mildred & Maurice Mary Johnson Sylvia McKay Mod Parle Charlie Murray Ore Mary Cohan Jimmy Rogers MoDte Curio Ted Straeter Oro Bob Knight Ore Lee Wiley Dick Smart Elaine Bassett Peggy Healey Anne Graham Anita Colby Evelyn Kelly Itosanne iUirray Onyx. Club John KIrby Ore Judy .Cordova Teddy Grace Leo Watson Piaradlse Vincent Travars Or Patsy, ft Bobby Place Elegante Bill Farrell Bean Kauf Tommy Mills Joe White Wally Shulan Leo Lazaro Oro <)aeen Mary Joe Ellis Ore Klliy Wright . Ilalnbon Grill McFarlands Oro Judy Abbott Marlynn & Michael Roifabaw Room Ruby Newman Ore John Hoysradt Gower ft Jeanne Eddie Le Baron Ore Joan earlier. Russian Kretehma Misha Uzdanoir N'astia Pollakova Darld Blrse Marusia Sava Herinlne Michel Claudia Cappllova Scnia KaravaeIC Michel MIchon berge Ignatenko Vnlndia Katov Genia Pobedlna - Show Bar (Forest Ullls) Sleepy Hall Ore Carol Horton Bill Hansen Peggy Marlowe Lucille Rich Jules Cassard Stork Club Richard Warreji Or Joso Lopez Ore Eleapor French Versailles M Bergere Oro Panchlto Ore IVane JanIa D'Avalns Dancers Village Haro Teddy King Ore Palsy Ogden I'axton Kenneth ft Denlse Polly Jenkins Co Ciippy Harm Co ■Gwen Williams LOS ANGELES Beverly Wllshire Bray Sis Howard Gerrard Harry Owens Ore Cafe Callente Diana Castillo Julio Gcrvanle I.fO Luz Dasquez Eddie Agullar Oro Cafe La .Uaze Park Ave. Boys .Martha Mears Malty Malneck Ore Club Ball George Yount Uruz Fletcher Club Versnllles Jerry Lester Gloria King Theodores Chlcco Ore; Earl Carroll Paul Gcrrlts Arren ft Broderick A Itoblna Harrison ft Fisher Vivien Fay Susan Miller Beryl Wallace 3 Sophisticated GIs IXiritthy Gerron Itpglhald Craig Denlse Archie Bleyer Ore Ed Duranl Ore Florentine Garden Maurice Koslolt Co Emll Basso Ore Frank .Sebastian's Cubuoola Eduardo Chenez Jno Harris Ore Grace Hayes I^idge Jackie Coglcn Grace Hayes LInd Hayes. Jno Frisco Charlln Foy Luu Sallue Oro Hawaiian Paradise Loretta Walker Princess Lunnna Joe Sullivan Ore Indigo Cafe' Sid Brown Jimmy Ellard Jack Frost Val Harris . It Cafe Don Rudolf Ore Jerry's .Wnadalay Marguerilo Padula Geo Surprenant- Jr Neville Fleeson N'unip Mitchell Hal Chancellor Ore Jimmy Kerr ft Boys Jitterbug House Doodles Weaver ■ Hob (Killer) Dade .Mello Demons Peggy DolO' l.a Conga Don Jorl Spike Feaiherslohe Hvolyn Steele Ji'rry Gsllan LaC'nga Ilb'mba Bd ' Little Club Jane Jones Paul Kend.ill Walter Dyson Little llungiiry Valcsc.o's Gy])SleB Mnrcel's Leonard Keller Ore .llorcus Duly Kay Gregory Joey Lee Ore Omar's Home Kenny Gardner Edith Davis Hal Brown Ted Wells Oro Pnlomur Loyce Grnliain Bennett Sis F ft .Tean Hubert Leo Lambert Hudson Metzger GIs Clyde McCoy Oro Paris lOB Dolly Uobson Dominic Beth Love Dorothy Beck Thorn Mathlaaon Anita Clark Marguerite ft M Ken Uenryaon Chuck Henry Ore Seven Seas Danny Kawanna Kay Silver Lillian Gibson Al Mclntyre Eddie Bush 4 Slapsy .Masle'i Slapsy Maxle Jack Waldron Joe PIntksl Andy Sorrelll Virginia Mathews Moore & Lewis Tommy Rellly Oro Somerset IIoum | Cockran ft Boss Harry Itlngland Art Tatuin Jack Owens Pat Kay Stage 'I' Cafe Billy Toung Henry GalantI shemp Howard t Squires fiwanee inn (Sladys Bentley Topsy's Elmer Arlelt Jon Taras & Masters . Tisurell Gains Jack Stary Uascas Dorothy Brandon Chuck Foster Oro vrctor Hogo ' Charlie Bourne Sklnnay Ennia Oro Carmine CHICAGO Ambassador Hotel (Pomp Room) - H ilcCreery Oro Ball BaU Ralpii Cook Louise Shannon Billy Storey Mildred Parr Jlmmie Green Oro . Bismarck Hotel (Walnut Boon) Marlon Holmes Betty Grey Charlie Schanka Or Adele, Trent ft S Patsy Marr Billy Leach Darlene O'Day Blachhawk Frederic ft Yvonn ' Bob Crosby Ore Terry ft Walker Marlon' Mann Dorothy Claire Gil Bodln Don Pedro Oro Orrln & Betty Blackstone Hotel (Ballnese Rm) Pllner & Earl Ore Mildred Fenlon Uloe Gooee Evelyn Waters Al Lane Melody King Buck Hunt 4 Hits & a MISS Breroort Hotel (Crystal Boom) Wayne King Ore Terry' ft Walker' Jean %Ionn Bernlce Parks Robert Neller Dutrb'e John Elliott ' Carlos & Dolores Betty Jerome Evelyn Harris Lnllta Mori Lund Oro Edgewater Heacb Hotel (Marine Room) Mary Fran flackley Eugenia McGee Ramos ft NAhette Stuart" Frazer Jay Mllia Ore Harriet Smith Ols 88S CInb Eddie Varzos Ors Luelo Garcia Johnny Howard 'Carlos 'ft Mercedes Grace McCarthy El Dompo 3 Loose Screws Laurene. No Vel Ray Stiles Shirley Handler Ray Stiebers Ore Sam Badls Peggy Lester Whorley GIs iflamons Door Esther Wblltlngton NELSON NOVELEHES Opening at DORCHESTER HOUSE LONDON MAllCH 13(h Via: MARK J. LEDDY Florence' Schutwrt Charles Baldwin Grace Kalrol Norma Ballard Broadmoot Herb Rudolph Oro Wanda Benson Flo Polus Elinor Johnson Jlmmie Held Sylvia Tucker Henry Simon Adorables Cararaa Eddie Gorman Rocke Romano Toddy O'Grady Don Morgan Dot ft Jerry Edna Leonard Carl .Scholtz Ore Chez Parse Paul Haakon Harris ft Shore Benny Fields Helen Morgan Gloria Day Everctte West Buss ..Morgan Ore Don Orlando Ore Evans Adorables Club Al Larry Ross Ginger Wuud Margie Marshal Felicia Dacca Oliver Harris Oro Club Alabam. Dorothy DeHoghton Ann Sulcr Sadie Moore Jack Irving Allen X'ole Ems Burton Bernle Adler Dave Unells Oro Chslk Robinson Ore Gddl* Rolh Orb Club Eiipana Harry Hynda Mob Durfree Dick Hauss Joe Hardy Bee Jones Buss LIndgren Ore Colony Club Peggy Fears Jose Mnn'zanares Or Lew FIdler Ore . Coloslmoe Tullah ft MIy Pat Rooney Janet Reads Tyler, Thorni ft P Lulu Gould Betty Robin Marlon VInsy Harry Hose -Pronaph GIs Holiywiind ( HsnrI Gendron Ore Club Uellsa Sam Robinson Henrlene Barker Crawford Price Saundra Ktki > Wllfon Rhythm Willie Charles Isom Parlelln Rls Red Saunders Oro Congress Hotel (Gins* Hat Rm) Johnny Banga Ore (Peacock Bm) Joe Vera (Puropellan Rm) Irving Miirgruft Drake Hotel (Gold Coast Koopi) Bryan Wolf Florette Sis Danny 'Boss June Thompson At ZImmey Al Morley Ore Fnnke's Casino Roberta Foster ft Adams Jerry Walker- Ann Saber Georgia La Beau Silly Martin Casino GIs Dick Hardin Buddy KIrbIs Rocke Ellsworth Beta TInsley Oro - Grand Tenace Jean Brady . Tondelaya ft Lopez Dotty Sniters Ted Smith . /.eonard R'eed GIs F Hcndorson Oro Oraemere Hotel (Class Hoase Rin) Toasty Pall Oro Carl Bock Maxlno KIrk Lorraine Vuss llarry's N Y Cab'ret Boscee Alls Hetty Lewis Del Ohrcl Tommy Jones Renee Villon Kitty Roth Rankin Ols Chas Engels Ore Art Buckley Al Wagner Hlllle Myers T,ee Berling Dorothy Johnson Hickory loa Kay Dare Joan ft Eddie Tom Garvey Gondoliers Ore HI Hat T.OU Holz Joan Travers Betty Atkinson Kretlow GIs Sid Lang Ore Hippodrome Paulelto LaPierre Bobby Dunarl Janet 'ft Lorella Dime Danks Jerry GIrard Grover Wllklns Ted Penrlman Ols Joe ' Hs-bn Ore ' ivanhoe Helen Suinners . Ilr4 Murison 4 Hawallans Earl Hoffmon Ore L'Alglnn Mary W K'llpatrick Kusablo Conclaldl . Spyros .Stamos Don Quixote Ore Bnnio Bolognlnl Or Hotel La HMlle (Blue Front Room) VI bra Stun Smith Oro Gladys Madden Jonah Jones Liberty Inn Laurone Novelle Millie Erdman Dick Hugos Colleen Karannva Pam Adair Jlmmie 0'N''II Earl Wiley Urc Umehoase Dob Tuiik Ore Llltle CInb Earl Rlckhrd Florence Meyers Ann Hagedon Harry Linden .Mo(>ra«re Al Copeland Lillian Barbeaux Eve E.von o-een Ilrlgbt i.ixlo. Dee. Avis Doyle Phil Chlnard Chuck Andrews MCljiucIillna Trv..Doernneld Jerry Gerard Ruth Dean Val Brwln S'li) ley Hay Jule's .'Cnvit Ore Melody 3IIU Tiny Hill Ore Allan DeWltt Harold Osborne Millstone Ann Millstone Flo Whitman. Ga:o Ij&wrence Betty Morris Delia Bartell Jack Roland Ore Nyra "Lou Muriel Joseph SIssle Bobbins Genevieve Val Sharone Minuet Club Natasha Olga Anton George Moore Irene Burke Margo Gavin Art' Fisher Ore .Morrison- Hotel (Hoeton Oyster House) Manfred Gotl belt Nameless Cafe Julian Stockdal) Sol Lopez Ore Ona Mayo Carole Cleveland Margie strong Evelyn Reed Bd Lioon Nappo Gardens Lois Hallen Genevieve. Jacyna Helen Coyle Vivian Hall . Jean ft Wharton Frances Van June West Sally Sharratt Roma Noble Sol Stocco Ore Old Heidelberg Old Heidelberg Co Octet Robert Kessler Winn Stracho Herr Louie A W Herble Oro Paddock Club Dick Buckley Patsy Thomas Kay Carol Jay HlllB Esther Madden Lee Francis Oro Keith Ols. Palmer House (Empire Room) Orrln Tucker Oro Franklin Crawford. Joseph Coshey Billy Raves Jack Williams Jose Castro Beverly -Allen Abbott Dancers Ptall Dooley Oro Parody CInb Freddie Abbott Marie. Thomas Sarah Tiebold Eddie Jaxon Oro Playhouse Pat McOowan Helen Hart Rita .Marie Virginia May Betty Mae Barry Hodges Ore Rose BonI Ina Ray Hutton Or Joe ft J McKenna Elaine Merrllt Gladys Palmer Patsy O'Mara Royale Frollea Dolly Kay liSddle White Dl Gatanos Bvelyn Farncy Jack Hllllard Al-Trurk Oro Mark Fisher Oro -lack Hllllard Frolics Ens Sherman Hotel (College Inn) Gene Krupa Ore 4 Woodsons Dorothy Dawn Carl Marx Prince Omar Dome Shirley Luche Spinning Tops Tony Marks Bstelle i>easy Bill Baird Sunny Mack Louis Tops Jimmy Blade Jerry Glldden Kay Nichols Rllliouctle Ann Clelm Joey Conrad Oro Silver CInnll Jimmy Ames Oommadorubles Katzy ft Kay Babe Barnes Alice Tanner LiCla Murray I.eah Andra VI Gore Hazel iSalus Nord Richardson Johnny Mi-Kail Ore Sllrer Protlce Ealalne Rabey Claire Pellow Bernle Fink. Roberto ft .MInto - Fay Wallace Art* Freeman 60« CInb Al ZImmey Sunny Carter Connie Fasesaw Dolores Levan ' Marg Fsber Ols Joel ft Annette Dletrlchs Inez Scott Eunice Hill Aloha Jessie Rosella Dagmar ■ ' Dolly Sterling Ruby Bennett Patricia Perry Colletts Carmen Sol Lake Ora Tripoli S Sky Rochet Marjorle Whitney ■ Dictators Mathews A Shaw 4 Kings Steveiu Hotel (Continental Boon) Rhythm Boys Ore Rod Drigo & F By ton GIs Sobway Ginger DIx Lois Moron Kay Marshall Opal Adair Boztcka Cardoz Connie Rogers . Edilh Ross Billy Webb Billy Kent Henry Sax Oro 8nsl-4) Pinky Tracey Jane LaVonne Ida Nlles Helen Dove Nell Clark .Verns Wilson Oro Thompson's 18 Clab Ray Reynolds 4. Joy Kalesa Cookie Seldel Dolores ft DeVego June Scott Jessie Garwood Helen DuWayne Marsh McCurdy Sammy Frisco Ore Tliree. Deacea Baby Dodds Charles McBrlde LllI Armstrong Lonnle Johnson (Off Beat Boom) Wingy Mannona Anita O'Day Jay McShann 3 T-.ennle Bst?rdall ' Jimmy McPartland '. Tower inn Molllo Manner Sam Haas Tnez Oonan Rhythm Ols 3' Hawallans^ Frank Davis Oro Town Club Chet Boswell .Mae Dl Fill 6 Chlcagoans Frankle Quatrel Ora Hal Barber Troeailera Gloria Romano Adelle St Ololr Terry Circle Roy Rankin Oro VllUi . Hoderne Tony Cabot Oro Wlaona Oardene GIgl Rene Virginia Woodall Lee Harmon Pat Allen Huzell Gregg Sally Reynolds Heinle Cramer Prank Snyder Oro Lucille Johnson PTTTT. A mtT.Pin A , Aoehorage Frank Quinn Ore Hellerue-ntratrei^ (Main Dining B'n) Merer Davit Ora - (Borgnndy Been) Prank Juele Ore Powers' ft Wiggins NIeland Dancers Ben, Franklin Hotel (Garden Terrace) Dave Mathews Bernlce Byers Harry James Jack Palmer Benny the Barn's Victor Hugo Oro Hollywood Debs- (8) I,ee Shelley Ore Ben Perry Muriel I'arker Henntto ft. Dolores Muriel Thomas Browning l.4ine Inn (Hellmuwr, S.J.) Lenny Uufn Joy Davis Mary Joyce 4 Top Halters Naomi Taylor VInce Norman Ore Cadlllao Tarern Dolores Laklo Tom O'Hiiylc. Lillian Stewart Darlene Jones Dean Edwnrda Charlie Arthur Eddie 'Thomas Joyce Henry (Continued Jack Newlon Sunny Ray H Reynolds Oro Hendrlque ft A CInb IS Dick Thomas Johnny Young Ore Jerry Macy Jimmy Lnckore Betty Mallon Princess Helen Amy Organ Joan Cortez Cafe MoroBey Hcarey Gavin Al Cubler Ginger Linn Lorraine Wiley Peggy Gas Tony Eddlng Louise Wright LIbby Neld Isabell Daniels Doris Fields Joe Fainllant Oro ( ■ Clob Parakeet Ginger Lynn Louise Wright Mae Burns St>!ppe ft Carlos Fran Caswell Dawn Gerlls Taylor Ore Club 200 Sam Borland Pat Dougherty Princess Zullelia Mildred Boyer Hal Cal Oro El Chlee Kay Loverly on page 62)- S6 VjStlETY LEGITIMATE Wednesday, March 8, 1939 Broadway Slates Fresh Summer Musicals, Topping Depresh Period For the first time sinr.e the depres- '$ion's start, there will be a numbev of musicals on Broadway this sum- mer. Three are definitely arranged for, but that number may be doubled. Previously, the major revues were generally aimed for summer trade, but the decline of- that type of at- traction had reached the vanishing point. For the past several seasons, one musical per summer has had the field to itself; Expectation of patronage drawn to the New York's World's Fair figures in the Increased production for the ccrttiing heated period. Another fac- tor is the increased musical produc- tion during the 'current ' .season. George White's 'Scandals,' formerly one of the major summer musicals, will have a new edition, due late in May. During that ' month Low Brown plans to present 'Yokel Boy ' Makes Good,' a title which he has been toying with for years' and which may be changed. The Shuberts skedded 'Streets of Paris' for the summer and among others may be one presented by Louis Gensler. In addition, some of the current musicals are expected to span the summer, leading candidate being 'Hellzappopin,' at the Wintei* Garden, which is figured to run ^yell into next season. 'Leave It To Me,' Imperial, is another outstander that's rated sure to be around with 'Stars In Your Eyes, Majestic',- and 'Boys from Syracuse,' Alvin, about completing the summer possibilities. The American Way,' spectacle drama at the Center, is drawing so strongly that it is counted on as a long stayer. Among the straight shows, survivors beyond the season ^re also fully expected. 'Abe Lin- coln in Illinois,' Plymouth, would lead such a group. Other possibili- ties will probably be added during thftspring, so that Broadway's sum- mer show fare should be the strong- est in a decade. 'Tobacco Road,' too, is one of the holdover possibilities. In addition fllm-vaude and cafe shows should provide plenty of diversion for visitors who take Broadway as well the Fair. Move to Dismiss Agent Suit Vs. Betty Bruce In the action against Betty Bruce, musical player, instituted by Harry Goldberg, agent, Phillips Sc Nizer, law firm representing Miss Bruce, last week moved for dismissal of tlie complaint. Goldbei-g is suing tor commissions. Motion was- made in New York municipal court on grounds that Goldberg is not licensed as an agent and that Miss Bruce was legally an infant at the time the contract was made, hence not liable. Court still had motion under consideration yesterday (Tuesday) . in Harris Seeks Fire ;es from Rail Co. for XauT Unit Damage (mo BUYING INTO ROAD GROUP Efforts will be made, by the Sam H. Harris office to collect damages from the Texas & Pacific Railroad for fire losses sustained last fall by the touring company of 'You Can't Take It With You' in Dalla... Indicated, however, that if and when a settle- ment is made, there will be. a down- ward revision of player claims. Show had closed its tour and com- •pany's 30-odd trunks were loaded in a baggage car which caught fire sometime after the car was sealed and ready to rolL ftailway sought to disclaim re- sponsibility on technical grounds pertaining to the typs of tickets used and so the claims v. are turned over to Equity. Latter then requested the mann;Ter to seek an adjustment, and last week the cast confsrred with Morris Jacobs, of the Harris office, who will seek payment from the line. Railway people are said to have placed the blame for the bl:;ze on csrelcKsns.is of -om actor. A realignment of the managerial setup of the Legitimate Theatre Corp., which will tour four attrac- tions in one-nighters from coast to coast next season, is in process, with Fortune Gallo understood to -have become the associate of Arthur M. Oberfelder, Denver showman, who formed tlie organization. Gallo, slated to be executive director, is arranging to buy out two Chicago advertising men who backed the en- terprise, one of whom, however, . is slated to remain with the outfit which will have headquarters in New York. Understood that 'Golden Boy,' one of the shows to be toured, was con- tracted for at an excessive royalty with -the Group Theatre. Reported, however, that the latter has agreed to a new deal, in light of the change in the management Reported that the road represen- tatives have already, contracted a fiock of 'dates, especially in the west Proposition, calls for each spot booked to guarantee $5,000 fur the shows during the season, permitting a profit for each stand. Figured that each show ' will show a gross 'of around $7,500 weekly. Those recently engaged to con- tract the show on the road are Ben Atwell, Charles Emerson Cook, Helen Hoei-le, Jack McNevin, Thoda Crocrof t and William McCurdy, lat- ter pair operating on the Coast Current Road Shows (Week of Haroh 6) 'Angela h 22' (Philip Mcrivale)— Nixon, PitUburgh. 'Candida' (Cornelia Otis Skinner) ^Cass, Detroit. 'Five Kings' (Orson Welle.*!, Bur- gess Meredith)— Colonial, Boston. 'I Married an Anfcl' (Dennis King, Vera Zorina)— Opera House, Chi- cago. Importance of ' Bdn; Earnest' (Clifton Webb, Estelle Winwood, Hope WilliamsJ- 'Erlaiiger. Philadel- phia. •Kiss the Boys Goodbye' (No. 2)— Harris, Chicogo. ■Kiss the Boys Goodbye' (No. 3)— Pliayhousc, Wilmington (C-7); Jeffer- son, Charlottesville, 'Va. (8); Lyric, Richmond (9-U). . . Lunt-Fontunne Repertory— Ryman Auditorium. Nashville (6r7); Audi- torium, Memphis (8); Hishschool, Little Rock (9); Convention Hall, Tulsa (10-11). 'Phlladelpbta Story' (Katharine Hopburh) — National, Washington. 'Sussn and God' (Jessie Royce Landis)— Erlanger, Buffalo (C-8); : Shea's, Bradford, . Pa. (9); Shea's, ' Jamestown, N. Y. (10); Shea's, Erie, Pa. (11). 'Tobacco Boad'— Playhouse, States- ville, N. C. (6-7); Highschool, Greensboro, N. C. (8-9); Municipal Auditorium, Raleigh, N. C. (10-U). 'West of Broadway' (Ruth Chat- terton)— Wilbur, Boston. 'What a Life*— Erlanger, Chicago! 'Whitco.nks' (Ethel Barrymore)— Biltmore, Los Angeles. 'Women' — Ford's, Baltimore. 'Yes, My Darling Daughter' — Werba's. Brooklyn'.''' Inside Stiitf-Legit Series of 100 old plays by representative U. S. authors at bygone days is to be published by the Princeton University Press, under the title ol 'America's Lost Plays.' Will be in 20 Volumes and priced at $75 a set« First volume Le Lincoln In Illinois,' at the Plymouth, for the summer. In order that the play might be filmed. The players oppose the Idea and ap- pear to question the altruism of the authors' group, whose purpose in fljming the play . Is ostensibly a pa- triotic gesture, a move to dissemi- nate Lincoln's message throughout the country. Understood that the matter was forcefully placed before Equity's council for preventive action, at least so far as the future is. con- cerned. Contention is that despite the purpose of the Playwrights' plan, the ' actor yrlU be made to suffer di- minished employment. That will apply to stagehands and other the- atre employes. Their respective unions may join Equity In protest- ing. Contrary to the claim of the Play- wrights that by curtailing the play- ing possibilities of the stage drama they win sacrifice money to be gained thereby, players point to the reputed fihn rights coin of $275,000 in support of their theory that the author-manager group isn't agreeing to an early film release date without recompense. Equity Backs Players Equity claims that its people are entitled to the full fruit of their ef- forts'. After waiting for years to appear in -a success It's felt that they should be engaged for the life of the play, estimated as good for at least a year's run on Broadway, and then for at least an equal period on tour, besides presentation In other countries, particularly England, where Lincoln's memory is revered. Fact that the lead, Raymond Massey, and some of the original cast will be engaged In making the film, does not alter the objections. Equity proposes to. adopt a new rule tor the purpose of preventing closing a stage show for picturlzation purposes. How it would .be made effective is not determined but with the close co- operation between the association and the Screen Actors' Guild, that is not expected to be a big problem. Other Interraptions No criticism is made against clos- ing hits for vacation periods and then resuming. Formerly such procedure was believed to be detrimental to the length of engagements, but that ha.s been proven fallacious by the irterrupted runs of 'The Barretts of Wimpole Street' and, more recently, 'Victoria Regina' and 'Idiot's De- (Continued on page 58) HARRY KAUFMAN SEEKS MEX REVUE FOR FAIR Harry Kaufman, Broadway agency man who's also associated with Lee Shubert musical show.*;, planed to Mexico Monday (6) to sign a native revue for the New York World's Fair, There are 150 people in the musical. Show is said to be subsidized by the Mexican Government. '2-a-Day* for Frisco ' Los Angeles. March 7. - Two-a-Day, 'Federal Theatre Proj- ect's biggest, local moneymaker, winds up here April 1 and moves to San Francisco a week later. Folding date at the . Hollywood Playhouse will complete, the vaude cavalcade's 22d week. ' Mixed Interpretation of Contract With Mgrs. Prompts TMAT to Seek Oianges on Road Co. Heads, PAs Coincidence Illness of Wendell Phillips last week necessitated his under- study, David Clarke, going on in the part of William Herndon in 'Abe Lincoln in Illinois,' at the Plymouth, New York. By coincidence, Clarke's parents were in N.Y. that night to see the show, having purchased their tickets eight weeks In ad- vance, but they didn't know of the change until their son came on stage. Raymond Massey, star of the show, held Clarke on stage with him for one curtain call after the performance. GROUP THEAM COTS TOP FOR 2 SHOWS Accompanying the revival of 'Awake and Sing,' which will alter- nate with 'Rocket to : the Moon' at the Windsor, New York, the Group Theatre has dropped the ticket top from $3.30 to $2.20. It is the first re- action since recent indications that a downward revision of admission prices would be considered by showmen. Group's action is individual and not regarded as starting a trend, the issue not having been formally placed before the managerial League of New York .'Theatres. During the spring the latter may seek confer- ences with stage unions with the idea of discerning the possibility of lowering operating expense. Be- lieved that such data would be necessary before a concerted re- establishment of 'the $2 theatre' could eventuate. Equity will be a vital factor in this move, particularly in light of a proposal to raise the minimum salary from $40 to $75 weekly. Reduction for the two Group shows is hardly what it seems, as the organization has used many the- atre parties to promote attendance and such group ticket sales were sold at reduced prices. Cut-rates have also been used. No mention has been made of cutting the scale for the . Group's 'Gentle People,' v/hich continues at $3.30 top at the Belasco. SHUBERTS SIGN SABLON FOR 'STREETS OF PARIS' Jean Sablon has been signed by the Shuberls for their 'Streets of Paris,' musical mentioned for pres- entation during the New York World's Fair. Deal was set by the William Morris office. French singer-actor returned to his homeland last week for a vaca- tion, but is expected back in a cou- ple of weeks to start rehearsals. 'Passing Show,' a new edition of the revue series of some seasons ago, is also planned by the Shuberts for Broadway during the Fair. It is aimed to follow 'Streets/ Harry Kaufman will handle both produc- tions. Irene Rich to Legit Los Angeles, March 7. Irene Rich is returning to the stage in a new comedy by Jacques Deval. Piece, still untitled, is in rehearsal for an opening in San Diego early next month, with Luther Greene producing. Theatrical Managers, Agents and Treasurers union has served notice on the League of New York 'Tieatres that certain changes would be sought in the basic agreemeni with the manT,,. agers. Indicated that such changeis principally would concern road c.im- pany managers and advance men. The present pact appears In need of ironing out When the agreement was sealed It was believed to be for a one-year period, with either side having the right to give 60 days' notice. Under- stood now that such notice will only apply to possible changes and that the basic working arrangement, or one similar to It will extend In- definitely. Union reports that It has around 900 paid-up members and that 80% , are working. As yet no deal has teen made with the N. Y. World's Fair people but the union claims jur- isdiction over all types of ticketr sellers there. The San Francisco Fair is using alKiut 45 TMAT people resi- dent in that city and from Los An- geles and Seattle. There were around 200 positions available but the union did have the requisite number of unemployed members on the C. Bree has been understudying Gax- ton for several seasons. ■ S8 VANETT LEGITIMATE-GONCERT Wednesday, March 8, I939 Concert Instrumentalists Not Exempt All Must Have A.F.M. Cards Despite Guild Mem- bership, Exec Board Rules American Federation ot Musicians has turned down the plea of the American Guild ot Musical Artists that concert instrumentalists belong- ing to the latter o'Sanization be made exempt from having to- jcin the AFM. Letter's executive board is reported to have taken the position that to grant AGMA's request would, be a case of one union surrendering its established jurisdiction to an- other. Under the AFM board's ruling all concert stars who play instruments will have to hold a card in a federa- tion local regardless of membership in AGMA.. Same applies to such name artists' accompanists, with the latter barred from appearing with their principals unless they lilcewise have an AFM card. Ban on Negress Stirs Symphony Men to Protest Philadelphia, March 7. Members of the Philadelphia Or- chestra last week announced they would urge the national office of the American Federation of Musicians to forbid any of its members to play In a hall that barred Negro musi- cians as a retaliatory move against the D.A.R.'s ban of Marian Anderson ''in the org's Constitution Hall in Washington. The action was revealed by A. A. Tomei, who plays a French Horn in the symph outfit, and is a former president of Local 77. Tomei; said the orchestra played at Constitution Hall last Tuesday night on a 'Jim Crow' contract which specifically provided for only white artists. The orchestra passed a resolution condemning the D.A.R. during a re- hearsal last week. 'The action of the D.A.R. is dis- graceful,' Tomei' said, 'It was in a way a violation of Constitutional rights of free speech, and assemblage. Race prejudice has no place in this country.' George Beimel, flrst violinist, arid chairman of the Philadelphia Or- chestra Men's Committee, said the discrimination against Miss Ander- son was a violation of American principles. He pointed out that the Negro singer had appeared with the orchestra here on several occasions. Thomas F. Gamble, assistant to AFM President Joseph N. Weber, said that any action would have to be taken at the union convention In Kansas City In June. 'There's trouble enough getting Jobs now,' he remarked, 'without passing such a ruling.' Ticket Code (Continued from page 57) presiding, resulted in the adoption of a proposal by Herman Shumlin to form a joint managers-actors (Equi^) committee to' further . sur- vey the ticket situation. At one time during the session, whlch^ was fol- lowed by a luncheon : where more discussion arose, Lee Shubert de- clared himself. It had been charged that two shows in houses he oper- ates did not retain the right percent- age of tickets for direct sale at the boxoffices. He said he was trying to operate under the code regula- tions and, if that was not satisfac- tory, the code would be out as far as he is concerned. ' Sa^eest London System Among the proposals v;as the use of the London library system. Show- men were . skeptical of that plan, however. En.^lish plah calls for the use of requisitions, patrons exchang- ing slips at the boxofAces. Variation of the. system has been in use on Broadway for some time and applies to tickets for the few shows in high demand. Those who also addressed the ineetlng included Milton Weinber- ger, League's counsel; Brock Pember- ton, who was largely credited with drawing up the code;. Max Gordon, Sam Grisman and Paul Turner, of Equity's legal staff. Most of the League's board are in Florida, and several were represented by their general managers. Other matters which Equity be- lieves would be helpful to theatre- going were due for consideration, but the meeting was confined to ticket talk almost exclusively. Support of the . so-called Spellman bill, to be passed on by the New York City Council, was endorsed. _ The meas- ure aims to make it .a misdemeanor for anyone to sell tickets to any place of admission for more than 7Sc over the established or boxofflce price. Difference of opinion over the legality of such an ordinance was expressed, also, over the feasibtility of a central ticket office. - plays and agreeing long In advance to. release dates that subsequently proved to be too early. 'You Can't Take It With You' and Three Men On a Horse' were examples. On the other hand, there ha^-e been three instances this season of touring' suc- cesses being taken off the boards \ when the stars declined to continue. ! As for the implication that Sher- wood or the playwrights' Co. some how stand to profit by the early re- lease of the film version of .'Abe,' that is flatly contradicted. Author's share of the approximately $275,000 purchase price will come to about $165,000, while the producing com- pany will get the other $110,000, Even without figuring the commis- sions, etc, it is evident that Sher- wood's straight. 10% royalties fi'om the play would more than earn back the amount of the picture sale. And in any case, it is pointed out, the matter of release date was not a vital factor in the film buy, so the author would still have been able to get his coin from that source even after tKe legit run had been extended to its limit, The problem is but one of several important matters reported consid- eied by the council Tuesday (7). Among the other matters calendared for disposal were the charges a.Qainst James Barton for his backstage con- duct while the star of 'Tobacco Road' (Forrest,. N,' Y.) arid, the report 6f the delegation' which met with the manage.rs to discuss more stringent administration of the ticket code. Council s decision in regard to. Bar- ton will be given Friday (10). Plays Out of Town iWEST OF maKD-WM .^^■ii,^,^^ Boston, March 6. Gates, Walter Herrlck and Linscott 20% ASK REFUNDS Faderewskl Re-Schednled Concert Holds 80% of Cleveland Sales Cleveland, March 7, Paderewski's concert at civic Music Hall, skedded for last Sunday. (S), was canceled when the pianist ar- rived here the day before suffering from a painful inflammation in his left hand. Mrs. Emll Brudno, handling the local concert, was hit hard by post- portement since every seat — 3,128 of •em-^was sold In advance. Less than 20% asked for refunds when pianist's rnanager, L. J. Fitzgerald, announced that his return appearance would be shifted tentatively to May 28. "STARS IN YOUR EYES" Ust.: LOO CI.AYTON . Actors and *Abe' (Continued from page 57) light.' As. for the latter the Lunts have been on tow with the latter show in repertory and, despite the showing of the picture version, has tared excellently. Equity figures that an exception and not the rule, al- though the New York run of 'You Can't Take It With You' continued for months after the film version was released. Mossey's Baincheck ' There is a possibility that the show will be kept on the boards, with Ma.ssey taking a raincheck to go to Hollywood to repeat the lead part, v/hile a substitute takes over the role ii^ N. Y. during his absence. But that would depend to .some extent on how well business holds up through the spring and early sum^ mer. Also since RKO holds an op tion to use any of the players in the original company, the matter' of wholesale replacements might neces' sitate interrupting the Broadway run. Equity's contention that Sherwood or the ■ Playwrights' Co. is under sortie sort of moral obligation to hpid 6ft release of the picture and there' by keep 'Abe' running is ridiculed by some Broadway showmen. No author or producer is under any compulsion, moral or otherwise, to keep a legit show on the boards, whether because of a film deal or for any other reason, it is argued Actors Scored If Equity aims to police the. ethics of show business, a prominent show man suggests, the organization might do well to begin with its own ranks, since actors, more than au- thors or producers, have been in clined to cause the closing of stage productions by walking out of the casts for personal reasons. Even in the case of film buys, it is. claimed, there have been few instances of playwrights consenting to early pic- ture release which might shorten the .run of their plays. Virttially all such cases have re- suited from authors' underestimat- ing the staying power of the legit Play on B'way CLOSE QUARTERS llplnarnnm In throe acts l>y GItbprt Len- nox; presfnioil by Ann Seronno nni KU- mund L. AnUerson; nOii|>tel Kappeler Clict...; Edmund Ulover Irv....i... John Monk Harry , .John Hewitt Jo:in Mnrahnll. Bvo DIokson Vivian CroK< Drnja IJryden Dwight Jamea % An Boas 'West of Broadway' has the ingre- dients of a tasty dish, but because of a slow first act and a slushy third it doesn't jell. Prospects of a short run for this one. Ruth Chatterton has a swell role and delivers it excellently. She's particularly adept in the second act, which would provide the author a perfect foundation for a rewrite. The play deals, with two legit stars (Miss Chatterton and Walter Abel), who have been living together hap- pily during-their lO successful years on the stage. The plays opens with them bidding farewell to their pub- lic after their final scene in '(jamillc.'- They retire to Abel's Iowa home- steald, with Anatole Seward (James Bell), an author and admirer of the actress, tagging along to take the attic room. • The rustic life agrees with them until a farmer's daughter (Jeanne Dante) attracts the roving eye of Abel. His common-law wife goes to work with feminine shrewdness and inveigles Abel into swerving from the rustic gal to herself and mar- riage. He starts divorce proceedings immediately after the ceremony, but she blocks this by threatening to co-star in a comeback with another actor. There are plenty of surefire sit- uations ' relatmg to show business and farm life, the laugh lines come thick and fast in the second act and the story of two egotistical co-stars sparring through these situations offer, much promise. ' Abel plays his somewhat hammy actor with persuasion, and Miss Chatterton romps through her part w/lth a light touch that contrasts happily with the long-suffering women she has portrayed on the screen. . Evan Condon, as a v.'itty mother- in-law to Miss Chatterton; Will Geer, as the twangy justice of the peace; Miss Dante and Mary Wilsey, as the servant girl, all register. Direction and sets are commend- able. Fox. HERE WE GO AGAIN New Haven, March 4. ' novuo In two nets, 23 scenes, by William Slucky and Doiiglasg Allen. Jr.; direction and lyrlca. Uurton G. Dhovelove; music, PeiTy Larrerty; settlnffs. Dean tioodelle: presented by Yale Drnmnllc Assoclutlim at Lnlverslty theatre. Sow Haven, Feb. 2S. March 2 and 4, '30. Tyler. Shevelove's direction main- tains a speedy pace and the entire production has a professional touctu Bone. Starting with a program note to the effect that it had no intention of becoming another Hasty Pudding Club, Yale's drama association broke precedent by staging its first original intiniate revue. Studes did an un- usually good job. Exccllerit settings form a flashy background for skits, ballets, traves- ties and a generally satiric expose of coUege life. Show deals with the life of an undergrad from the time he leaves home for campus life until he graduates. Interludes include a period of rushing Society's No. 1 glamour deb (a burlesque on Brendit Frazier); a college boy escort bureau and amusing sidelights on how an undergrad meets problems of study, sports and sex. Musically, the show is satisfactory. Team of Burton Shevelove and Perry LaCferty have written a fairly appeaUng score, with a trio of tunes, 'Where Can She Be?' 'I Wouldn't Give That for Love' and 'It's All Oyer Now,' having commercial pos- sibilities. Lyrics, too, are bright. Terps are well handled, with Ira Richards soloing in tap; J. Stephen Hinrichs and Nelson Schwab echoini t he Ha rtmans in baltolDm stuff anu a sizable group putting on a couple of effective ballets. Laughs predominate throughout and- it makes no difference to these lads on whose toes they step. Sally Clark (Henry Dodge) comes in for a hefty slam in a takeofl on her night club warbling, other notables get the works, and the studes even take plenty of pokes at themselves. Revues ace bellylaugh is a Radio City Music Hall trailer conceived and produced by Robert Dalzell and Spencer Berger. .It's a riot from beginning to end and compares favorably with similar material In big-time productions. PhiUp -W. Peck does a capable job as the stude who passes through the portals of learning, his principal support being Frederic Borsodi, Nor- man Paul, Thomas Goodyear, Rob- THE NUREMBERG EGG Drama by Walter Harlan, translated from tho original by \Vlnirred Kalzln; presented by the HedB»row Theatre; ataged by Rnu Sohulmnn; aelthii;, .Stanley Paukslolla and Michael Stuart; costumes, Stephanie Klein. Arrlmlntu Oulley; at tho Hedgerow. Medliu Pa.,' March 2, .'3U. . Hedgerow's 132d production In its ambitious repertory schedule is not new, having first been presented in Europe (German) in 1913 and re- vived there on several occasions since. This, however, is a new adaptation and translation. 'The Nuremberg Egg' is an ideal play for a small, artistic group like this. Its commercial chances are meagre but it is by no means ex- cessively "arty. In fact, its first night reception was one of more than ordi- nary enthusiasm. The story, laid in Europe (Nurem- berg) of the 16th century, concerns Peter Henlein, a master locksmith, who at the urgent request of a mar- iner sets out to invent a clock that will not be affected by ship motion or salt water. Working on the the- ory of the mainstring, and eliminat- ing pendulum and weights, he ac- complishes his task, and the finished product is called the 'Nuremberg egg.' Peter's greedy father-in-law ■ would, like to capitalize on tlie iii- vchtion, but the far-seeing lock- smith prefers to give mankind as a whole the benefit and the secret formulae of the invention arc sent to all master artisans throughout the land. Peter, however, does not live to see its widespread adoption. Early in the play we learn that he has cancer and that he knows it A friend — one of the best doctors in the vicinity — is convinced that it caught in its earlier stages the can- cer could be cured by an operation. Peter has faith in his medical friend but knows that there is always the chance that a slipping knife or scalpel would end nis experiments on his *egg' before they were suc- cessfully completed. So he prefers to flght-thc pain of the dread cl'.<:ease while he is completing his work. The contrasting characters of the generous-hearted Peter and the . mercenary father-in-law; the devo- tion -to Peter of his sister and wife, especially the former, and the mar- iner's salty geniality all provide ex- cellent character contrasts. Instead of Jasper Deeter doing his own direction. Rose Schulman han- dles It and does an excellent job. Deeter, however, has a part in the proceedings, playing the role of the noted if somewhat chesty medico. George Eseling has the leading role of Henlein and takes care of it staunchly, Miriam Phillips is prop- erly sympathetic as the sister and Gilbert Herman is always in the picture as the father-in-law. Harry Sheppard, one of the veterans of the company, gives his customary fine performance, ,thls time as the mar- iner. Carol March has the part of the wife. Wotcrs. WPA Play SWING MIKADO OiwretlA In two ucla by William Gil- bert and Arthur R'Jillvan; pruducllmi <■«.«• reived anil slagod by llnrry .MInturn: dani'oa, .'y H'lacI ■ Davis: vocal Ulrocllon, Vlnla Illll; swing armngemenls. (IciHry .Wai-den; coniluiifr, I'Mward . WurlKobnoh; sotllnffH. cllvo Ulckalmugh; costumes. .Tnlni Pritt; llKbl' Inir. .Oscar Jlyiin; swing oifhe.it r.a I Inn, t'liarlos Levy; prfxlui^tlnn .aupervlNUin. I3eori(o JackKiin. Kmll Xclgllck, Shirgni-ct Itand: presented liy Clili';!!;© Vedenl Tliea- Iro Project at .N'ew Yorker theatre, N. i.. Mnnh I, '3n; $1.10 top. .Vniiicl-l'oo Mniirlie f'onper I'Ish-Tush l.i-ivla Whilo Ko-Ko Herman GrciMio I'noli-nah. .William Kniiiklln Vum-Yum. . . . ... , (■lad.< s Jtini'-ree I'lUI-Slng. . . . ; rrankle FnmlTO I'eep-Bo Mabel t:arler Katlsha Mabel Walker Mikado Edward KrncHon Da'ncera, singers, noble's, guanls, etc.: Asa llarnes. Jaok Wright. James Harris, Martin I.ognn. I'niil Urmlney. Percy Grace, i_„ Airrcd Mean, John llean. .I-imcs Sinlili. 'nf Woody Wilson, Alico Hldillx, n-airlce nd-t-l.an«yr-li!ddle-M«e- Nwi ooi t; eHvlillno-4;i nrk , . Lulubelle Mushy. Alice lironks, I'Inra. fltrlcklnnd. Dololse Alexander, I^llllan Falls, Marlon UnHiks, Wllma IJowcn. .\»h- ton Gorham, George Jlaleman. James Arnold. William farr. William llurns, Joseph Clark, iiamuel Clark. Jnhn Hughes, Hcott Manning. Ilaymond Lowe. Ileulah Nance. Klvlro Johnson. Heltle Heeil, Lil- lian KallB, Hoso Long, Tllllo Johnson, Vivian Parker. Clara Uruwn. cleorgla <'ar- penlor. Helen Howard, IsiilHil Vuirell. Jiar- garcl Cross, lloberea Junes, Vivian Morri- son, Mercedes Taliaferro, -Mile Crawford, Albert Slandley. Harry Jones. Hmniet RIehanlson, Ernest Woodson. Irwin Itlili- ardson, Lloyd I'abell, Jiurlln Lucas, I'niH Williams, Shelby Mchids, Wllbird Orogg. Albert Glenn, Charles Johnson. Urnest Huberts. Ham- .Mitchell, Iloberl Monl- goraery, Theodore Ward. After five months of smash biL-:!- ness at the Great Northern, Chlcogo, the WPA has brought this, 'Swing Mikado' to Broadway to ignite a (Continued on page 59) ig^ednesday, March 8, 1939 UGITIMATE GROSSES VARIETY 59 flepbum-'Story' Does &6at 27G lnPh01yfWomenFmaIeBig$9i Philadelphia, March 7. Philactelphla Is resting this weelt a£ter the fourth sock legit smash of the season, which ended its second week at the Chestnut Street Opera House Sat. (4) with a great gross of $27,000. Theatre GuUd's produc- tion of Philip Barry's 'Philadelphia Story,' with Katharine Hepburn, in second week of its tryout here, also jp2ayed an extra, lifiatinee for Bryn Mawr college, of which. Miss Hep- burn is an alumna. Show is on American Theatre Society subscrip- tion, and consequently that held down the gross. The Women,' in its ninth and final week at the Forrest, did smoothly, although adversely affect- ed by the bad weather at the end. , . Maurice Schwartz's occupancy of the Locust with 'Three Cities' could easily have been prolonged beyond the single week, but other bookings lor the house forced .removal. ; 'Golden Boy,' held over at the last minute for a second f ill week (two and a half altogether) at the Er- langer, didn't reach expectations, but reported satisfactory at $5,500.. This week's only opening .is also a' the Erlanger, show being the re- vival of Oscar Wilde's 'The .Impor- tance of Being Earnest' with same cast that played in New York. . First mentioned for one week only, offer- ing may stay it biz permits. Monday (3) the D'Oyly Carle Co. starts its three-week stay at the Forrest in Gilbert and Sullivan rep- ertoire, and 'Knickerbocker Holiday' begins its single week's stay at the Chestnut. On March 20 'Five Kings' (1st haU) comes to the latte. house . and on the 27th Cornelia Otis Skin- ner's 'Candida' revival is due at the Locust Estimates for Last Week ■ The Philadelphia Story,' Chestnut (2d week) (1,600; $2.50). Zoomed over $30,000, record for the house. Show claimed over $54,500 in two weeks here. Exclusive of the extra per- formance, show did $27,000 . on the ■wetk. The Women,' Forre.st (9th week) (2,000; $1 ). Could very easily have stayed. Last week steady and po- tent at $9,000. Three Cities,' Locust (1,400; $2). Moved along to a nice gain, finishing with slightly over $8,400. 'Golden Boy,' Erlanger (3d week) (1,800; $1). Completed two and a half w.eel — Hall Shelton. 'Skylark'->Tohn Golden. Tell My Story'— Freeman Theatre. 'SUSAN' BIG 21fi. QUITS BOSTON; WS'lliG Boston, March'7. 'Susan and God' finished its third and final stanza of a very success- ful run here Saturday (4). Orson Welles' production of 'Five Kings' received rather spotty press on its opening here' Feb. 27, but- got good box office support from the. Theatre Guild subscription list Much time has been chopped since opening, which ran to a 12:20 curtaiii. Road company of 'Susan' moved out last weekend to ope:, in Buffalo Monday (6), with Jessie Royce Landis in the lead. Latter replaces Gertrude Lawrence, who opens here in 'Skylark,' a new play, March 13. 'West of Broadway,' starring Ruth Chatterton, bowed last night (Mon- day). Katharine Hepburn comes in as star of 'Philadelphia Story' Mon- day (13). 'Pinoccliio,' WPA, is slated Tor March 11 opening. Estimates for Last Week 'Susan and God,' Shubert (3d wk) (1,590; $2.75). Although word-of- mouth on this show has been de- cidedly divergent the business has been consistently good for • three weeks. Final frame dandy, $21,000. 'Five Kings,' Colonial (1st wk) (1,643; $2.75). First-nighters gener- ally disappointed by long, ragged production, but comments improved during week as show shaped up into more hopeful stature. First week, good $16,000. One more week to go. SWING MIKADO (Continued from page 58) squabble with commercial showmen. Meanwhile, Michael Todd is ready- ing another production along similar lines, but one which will operate commercially at much higher top. This relief show should clean up, appearing to have the stuff for a wide audience appeal. Idea of a jazzed-up version of the Gilbert and Sullivan classic, credited to Harry Minturn, of the Chicago Federal Theatre, calls for a Negro cast and interpolated hot sessions of certain, choruses. Most of the score remains as is, and the lyrics are virtually intact, but the settings and costumes are switched to make the locale a South .Sea isle instead of Japan. After the incongruousness of the first few rhoments has .'worh off, the show lapses into humdrum, except for the swing portions, but then it blazes into spectacular en- tertainment One of the main faults appears to be that the Negro players are un- able to cope with Gilbert's scintil- lating lyrics. Far from appreciating the subtleties of the words, they don't enunciate them to the lively tempo of Sullivan's score. Compared to the D'Oyly Carte troupe a few blocks away at the Martin Beck, it's distinctly disappointing. But wlien the diisky players reach the torrid parts of their score a riot breaks out on the stage and there's bedlam in the audience. The frenzied taps, shuffle, strut lindv hops, hi-de-ho.- ported for sale and a deal was said to have been talked between Harry Newman, the publisher, Ungerlelder, Henry Caplan and others. NEW PEBIOpicALS Toar Health, companion mag to Your Life and Your Personality, to be published soon by Wilfred J. Funk in association with Douglas L. Lurton. Will be digest-size, like the others, but will use only original, material. Lurton editing, as he does the other two. Fantastic Adventnres, one of two new mags being readied by' Ziff- Davis Publishing Co., Chicago, to appear March 21, dated May. Sci- ence fiction pulp, being edited by B. G. Davis, with Raymond A. Palmer as m. e. Tour and Travel Digest to preem next month. V. Lucille Gett Is pub- lisher and editor. Not a digest, de- spite title, and will carry original pieces on tour and travel. Bi- monthly as a starter. Win, monthly . digest, has been brought out for the first time. It will be devoted entirely to contests, with the mag handing out $5,000 a month to winners. Foto-Cratt, mag for' photogs, preems March 25 9s newest link in chain of periodicals gotten out by Hugo Gernsback. He's also editing, with Joseph H. Kraus as m.e. Pub- lication monthly. LITEBATI OBITS THIS WEEK Charles B. Molesphlnl, 66, former real estate editor of the N, Y. Amer- ican and of the N. Y. Evening Post, died last week of a heart attack while attending a dinner of the Eve- ning Post Alumni Association' in N. Y. Molesphini was treasurer of the organization. Son and daughter sur- vive. Edward Flicker, 69, publisher of the Bridgeport (Conn.) Post, Tele- gram and Sunday Post, died March 1. He was general manager of the' Cincinnati Inquirer for 30 years be- fore going to Bridgeport Survived by his widow, son, two daughters and a brother. Selden C. Smltb, 65, Coast man- ager of Gim> & Co., publishers, died Feb. 26 in Berkeley, CaU following a long Illness. Survived by his widow, two daughters and two sons. Henry Rising, 70, for 45 years edi- tor, of the Spokane (Wash.) Chroni- cle, died Sunday. Born in Iowa, he joined the staff of the Chronicle in 1893 and a year later became editor. Was made vlce-prez of the publish- ing company few years later, and in 1923 became head of the firm. Berlah Brown, 82, and regarded as dean of Pacific Northwest news- papermen, died Friday in Seattle after a long illness. Death followed by a few days that of a brother, James H. Brown, also a newspaper- man. Third brother, Ashmun Brown, a Washington, D. C, news- paper columnist. In his 60 years as a newspaperman Beriah Brown was associate editor of the Se5tUg_Post- Intelligencer, and owned a number of papers In the state of Washington. Thomas A. O'Hagan, 84, prose writer and poet and former news- paperman, died Thursday at his home in Toronto. Began newspaper work on the Duluth (Minn.) Daily Tribune, and edited the old Chicago New World from 1902 to 1913. Authored a dozen books, including a study of Shakespeare. James B. Clendenin, 41, editor of the Huntington (W. Va.) Herald-Dis- patch, died Saturday of pneumonia. Native of St Louis, Clendenin served on newspapers in that city, Washing- ton and Beaver Falls, Pa., before coming to Huntington in 1922. CHATTER Anthony Thorne going to England. iJorothy Canfleld Fisher to Miami. Ralph Bates gets back from Mexi- co soon. . Park Press formed by Joseph Woldorff. Harry Scherman and Bennett Cerf to Nassau. Dashiell Hammett has completed a new novel. No title as yet. Egon Steinberg now repping for- eifni T>ublishers and authors. Rafael Sabatihi back to England, and at work on a new novel. Robert Brosterman workmg out a new Anglo- Jewish publishing idea. Gregory Vance off on a world toui", during whfch he plans to do a novel. Joseph F. Dinneen, of the Boston Globe, rushing a biog of the new Pope for McBride. James M. Kahn, the N. Y. Sun sports scrivener, has a piece In the current Baseball Stories. . . Your Personality, which was launched , as a quarterly' in January, goes monthly with the next^issue. On -his way .back to the Coast Lloyd C. Douglas stopped In Chicago to sign for a lecture tour .next season. W. H. Auden and Christopher Isherwood here, latter for publica- tion of his novel, 'Goodbye to Ber- lin.' Muriel Lee Elsasser, ad exec, has formed Larwood Publishers in N.Y. to get out books on specialized sub- jects. Walter Wincheil sent out 531 copies of John L Spivak's .new book, 'Secret Armies,' and at his own ex- pense! Dalton Trumbo's third published novel, 'Johnny Got His Gun,' has been bought by Lippincott He's an RKO scenario writer. . Elizabeth Marion, whose first novel, 'The Day Will Come,' appears soon, is but 22, and did the book while holding down a WPA job. Frank Gilman Fowler, who does those Satevepost short stories under the name of Borden Chase, has filed a petition in bankruptcy. Richard F. Dempewolff, of the editorial staff of the Fawcctt mags, will wed Rita Fitzpatrick, who is on the Newsweek editorial staff. Helen Wayne Rauh, Pittsburgh radio and little theatre actress, signed by Sun-'Ielegraph, Hearst sheet, to do a weekly column on charm. Title of the forthcoming whodunit by Margaret Armstrong, 'Red Flash,' changed to 'Murder in Stained Glass.' Booksellers thought it was a dog' story. Alumnae of Randolph-Macon Woman's College, of which Pearl S- Buck is a grad, will give the Nobel Prize Winner in literature a feed today (Wed.). Dick Fortune named assistant to Kaspar Monahan, Pittsburgh Press dramatic editor, with Bill White as- signed to make up page in future. Fortune formerly on rewrite. Little, Brown issues next, week book on the theatre, 'The Changing World in Plays and Theatre,' by Anita Block, formerly foreign play reader for the Theatre Guild, Regional Networks Testify TMAT Contract (Continued from page 57) lists seven out-of-town theatres as being on the tmfair list: Mosque, Empire and Shubert Newark; Globe, Atlantic City; Hudson, Union City, N, J.; Shubert' and Trocadero, Phila- delphia, and also Halley's ticket office in that city. Managers listed as unfair: Fred Ayer, Jack Under, Izzy Hirst and J. Krimsky. Next general meeting will be held Thursday (9) when two by-laws adopted by the board will be sub- mitted for approval. One prohibits any member, such as a general man- ager or company manager, from negotiating a basic contract with any union on behalf of an employer, nor may any member sit on a labor board or committee of any associa- tion of employers, ' This regulation will rule out sev- eral members who have been acting on the managerial labor committee. The other by-law rules out members signaturing applications of persons working in the same organization or for the same employer. Also,, no member of the 'membership commit- tee shall sign any applications. (Continued from page 43) ger of 'WBTM, Danville, has no con- trac's, no regular wires, no compul- sion to take any programs, and sim- ply divvies receipts among the five member stations. For a "while the outlets were linked, but this was given up except for special oc- casions. Each station put up $100 at the outset three years ago. Empire State Network is virtually out of business and was used only during the recent State political campaign, Harold E. Smith, one of four incorporators, relatedi Promo- ters each bought 25 shares at $20. In order to have a New York City out- let, WHN was tied in with the up- state local plants, getting 20% com- mission on any sales. The members sold their time to the web at 30% of the card rate and donated two free hours each weekly. The Texas Quality Network fol- lows the same pattern as the Virginia outfit, although it maintains regu- lar lines. According to Martin Cam- obeli, general manager of 'WFAA, Dallas, it is a cooperative sales outfit rather than aii' operating chain and presently has only one regular sus- taining program. Also unincorporated, Inter-Clty has a more detailed tyjpe of organiza- tion,- William Weisman, v.p. of WMCA, the key outlet sUted. Line costs are shared proportionately by most of the members of the group, although- WPRO, Providence, and WOL, Washington— being' connected with national combos— are relieved of the burden when they are used for distribution of commercials. With WMCA serving primarily as the business-getter, "TniSEX., Boston, pays the bulk of the cost to New England; WIP pays for line between ' New York and Philadelphia; WCBM, Bal- timore pays for the link of Philly, and the others kick in toward the expense assumed by these units. In practice. 'WIMCA gets a commis- sion oh all timie sales, made at the customary card rates, on the .af- filiated outlets and in return allows the others to take any of its sus- tainers. The commission varies in some cases being as much as 65%, but the profit is only 10 or 15% be- cause WMCA pays salesmen, agen- cies, etc., out of its cut. Members of the group, with excep- tion of WPRO and WOL, are obli- gated to clear unsold time whenever WMCA asks for it for a commercial program, although as general policy the others are permitted to turn down Inter-City sponsored programs whenever any important local events interfere. The stations swap sustain- ers, with any other at liberty to ob- tain a sponsor without sharing the receipts. Trendle on Stand Most Important installment of the week came from George W. Trendle, president of King-Trendle Broadcast- ing Corp. of Detroit which owns WXYZ and leases WASH-WOOD at Grand Rapids and runs the Michigan Radio Network of nine stations. More formally organized than most State chains, though operations are limited. Network has free time on member stations, and in turn pays the wire costs. Time sold only in a block on the transmitters out in the State, with WXYZ at liberty to run on its own, although technically obligated to provide sustaining service. Unique agreements with the other outlets exertpt the Detroit station from the requirements of feeding sustalners during the 6 p.m.-midnight span If it is carrying local commercials. In practice, Jrendle emphasized, the key station does serve the affiliates even if it is not operating with them. Until last year King-Trendle never was able to peddle all of the free time on all stations, but in 1938 two of the affiliates got a return when the free time was used up. 'WBCM, Bay City, received $6,033, and WIBM, Flint, $2,895. Network revenues were $203,557. Some departures from the contract, such as the arrange- ments for airing Detroit ball games, with each affiliate getting part of $18,000 under a distinct deal. Telling of WXYZ's own Opera- tions, Trendle related that he and his partner sunk $300,000 of their own money in the enterprise after leav- ing CBS seven years back, and have been fully repaid, primarily because of the success of 'Ranger' and 'Green Hornet' programs. Last year King- Trendle spent $71,810 on talent out of their own revenues. Trendle esti- mated whole talent bill hit $200,000. Programs Explained Arrangements for airing the 'Ranger' and 'Hornet' programs over other networks puzzled the probers for a while, but eventually, with the aid of H. Allen Campbell, general manager, the details were unraveled! Under deal with NBC the progrS' is taken off the line In Chicago when it is fed to the West Coast and both NBC and King-Trendle peddle the discs to other subscribers. With NBC selling stipulated secondary markets. Kihg-Trcndle gets 50% of the rev- enue received from this source, it pays no royalty to NBC on the sales of recordinijs made ilself to stations: In the. major markets, buying the platters at a fixed rate. Agreement that neither King-Trendle nor NBC will compete with the other in ped- dling the platlersi Relations with Mutual likewise- are rather unusual. With some WXYZ ' programs being fed . to MBS, the originating station gets 'a 'talent fee' for either sustalners or commercials which the youngest national chain takes. The' Michigan web has little dupliv cation, Lynn C. Smeby, engineer, testified. Day audience within the % millivolt contour is 3,574,856 of whom 9% can pick signals; night au< dience, without material duplication, is 2,558,792. McCIatchy End Operations of the California Radiai^ System produced a slight profit last'' year after a major loss before Hearst . Radio gave up its part in the ven< ture, G. C. Hamilton, ' general rhan« ager of the McCIatchy radio enter- prises, related. ' . Lost in 1937 was' around- $56,000; last year the group operated In the black to the extent of an $8,000 profit. Relating that the net worth of the McCIatchy newspapers, parent cor- poration which controls the radio properties, was shown by books at $4.500,000i Hamilton conceded the actual value is in the vicinity of $8,-° 000,000 to $9,000,000. None of the stations are compelled by McCIatchy to take any commercial programs, he declared. ' The affiliates pay vari- ous wire costs and pay flat fees for being members of the combo. They are paid actual card rMes for sale of their time. Running out of witnesses, the Com- mish adjourned the hearings a day early last week, and expects to finish the network phase of the inquiry in. short order this week. Miscellaneous . groups, educators, etc., come on next as the proceeding goes into its fifth month, with the end still problem- atical. McNinch Blast (Contined from Page 45) News editorially pxaised him for his stand.) With Industi-y observers siding- overwhelmingly with Craven, vet- eran newspaper reporters were un- able to recall a comparable outburst of temper. Considerable 'amazement ', was expressed at the way in which the McNinch statement was dis- tributed to virtually every newspa-. per office, particularly since the FCC almost never sends handouts around by messenger. Press corps members could not think of a case where, dur- ing a family feud, government fa- cilities — paper, mimeograph and em- ployers — were used to make the pub- lic aware of personal differences. Belief that the flare-up will have a distinct effect in Congress was based largely on the. fact that Mc-- NInch earlier took to the microphone to roast Commissioner George Henry Payne, with whom he has had many differences. Less than a month ago the chairman castigated Payne for assertedly feeding material, to Stan- ley High for latter's Satevepost piece, although High and Payne both have denied emphatically there was any contact Although often they are on opposite sides of the fence, Payne and Craven frequently have dis- agreed with McNinch. They fought his proposal to remove civil service protection from all attorneys, the suinmary discharge of Hampson Gary, general counsel, and the later . firings of David G. Arnold, chief ex- aminer; Melvin H. Dalberg, depuW chief examiner, and G. Franklm Wisner, press chief. As a result of the two recent Mc- Ninch rages, speculation was lively about the President's reaction, espe- cially if Congress drops the reorgani- sation idea, which seems likely. Talk was heard that the explosions prove McNinch will not tolerate any ques- tioning of his policies or actions, a point used by Congressional oppo- nents of the scheme to prune tne agency to three members. Wednesday, March 8, 1939 CHATTER VARIETY 61 V. G, Van Schmus back from Ber- Herman Shumlin vacationing in flie. south. . . Binnie Barnes in town for vacash and to see plays. Bob Goldstein now associated with 1,8 Hill's Tavern. Alec Moss, a crackerjaclc at chess, kte pow taking up bridge. Jlonroe Greenthal one of the town's wiz's at contract bridge. . A deep tan came back with Harry Bubin from, his Caribbean cruise. Leon.Netter, Par theatre exec., sailed yesterday (Tues.) on a cruise. . Channing Pollock forced to. cancel "Several lectures because of throat Infection. B. W. Greve, director of purchases! for the N. Y. Fair, going out to ogle the S. F. expo. Sarah Burton, of .'Set to Music," at U>e Music- Box, has becoine an American citizen. Tom Kane, of Century Play, va- cationing in Florida.. Helen Hunt, is .doubling for him. Sohja Henie left Saturday (4) for the Coast to go into 'When Winter- Comes' for 20lh-Fox. Ben Bhimenthal is keeping name «if his big-rtime appeal lawyer in his Paramount suit a big secret. . Billy Rojse has wired Dorothy La- mQur an offer to appear in his Aqua- cade show at the World's Fair. Harry Royster returned to New York Monday (6) from a Miami business trip for Paramount James Roosevelt, Goldwyn v.p., has arrived in N. Y. to play an important part in battling Goldwyn's UA suit. Jane Froman guesting at the Press Correspondents' dinner for President Roosevelt in Washington Saturday (11). Bert Lahr, who was in lor a week, and Mack Miller, press agent, trek bBCk to the Coast today (Wednes- day). Margaret Becker, of the George- Abbott office^ going to San Fran- cisco witH her mother in couple of week,"!. Milton Lazarus and Clara Alexan- der Weiss admitted to membership of Theatrical Agents and Treasurers -union. ■Budd Rogers, American general manager for Mayflower Pictures, London, arrives March 14' from London. Al Wilkie left for Florida last week to contact Max Fleischer, who's pro- ducing a feature cartoon in color for Par release. Bowling team from 'The Boys from Syracuse' has token three straight drubbings from outfits representing rival musicals. Henry Senber, advance man for Tive Kings,' has been moving from town -to town so fast his own of Ace cant locate him. Eddie McEvoy going in for gym workouts and rubdowns, getting in shape for the charge against the ex- hibitors this coming sales season, . Aaron Rosenthal, who is associated with Boris Morros'^ new picture ac- tivities, is a brother of Ann Rosen-, thai, «x-Grand National attorney. Philip Barry leaves today (Wed- nesday) from Washington, where his The Philadelphia Story' is playing, to spend several weeks in Miami. Several 'What a Life' players last week suggested that since all buy their smokes at a tobacco store near the theatre, they might as well grab a share of the profits by buying a piece of the shop. Ralph Clark, WB manager in Aus- tralia, plans to remain in N. Y. for the annual domestic sales convention at the Waldorf-Astoria, March 13-14. Originally he had contemplated sail- ing for Sydney early this month. RKO dance this year at Hotel -Astor, March 20. will have Larry Clinton music Columbia's annual banquet-dance at the Waldorf, Feb. 25; WB shindig at same place Satur- day (11), with Artie Shaws band. Pittsburgh By Hal . Cohen Maxine Allen in the ho.spital get- ting over pneumonia. •Bob Leiber and Frances Fierst ■will wed next month. ..Jack Ostfeld in hospital convales- cing from a nervous crackup. Film director William K. Howard In town, for a few days last week, Billy Strayhorne has joined Duke Ellington's orchestra as a pianist. Bob Gill directing Racine's 'Iphi- genla' at the Carnegie Tech drama school. . .£tzi Covato changing name' of IlaN Ian Gardens to Tropical Gardens shortly. Barney Ro.'w will godfather the Bernie Cummins' heii; or heiress this summec. Playhouse will wind up ."season late next month with musical, 'Meet My Sister.' Betty La'Vonne has an offer to ap- pear in an Earl Carroll show at the Frisco fair. 'Valerie Parks went down with flu. and her hurley unit left town without her, Carnegie Tech drama- graduate. Ml Herz, in cast of Orson Welles' Tlve Kings.' Pitt Military Ball committee dick- ering with Kay Kyser outfit for March date. Pittsburgh Symph has outfitted $1,5Q0 dressing room for Fritz Reiner at the Mosque. . 'Vincent Lopez gifted his. songbird, Betty HuttOR, with an. amethyst ring oh her birthday. Tommy Ddrsey's going-away gift to the Stanley house band was a ping-pone table. Andy Picards (he's Al Kavelln's drummer) celebrating their Uth wedding anniversary. Republic exchange manager, Jim Alexander, to Florida for couple of weeks with his family. ' Lynn Chalmers has gone back to Chicago with closing of Billy Sher- man's band at Bill Green's. . Art Cinema plans to revive 'Moon- light Sonata' when - Paderewskl comes here for concert in May. . Fred Burleigh . reunionlng with 'Angela Is' 22' cast, most of which he directed last summer at Cohasset. Minneapolis By Lcs Rees . Peck Gommersall, Universal dis- trict manager, in town. ties Savage, Columbia homeoffice auditor, here for month. Heat on again and most of night clubs are closing at 1 a.m.' Warren Brianton, National Screen North Dakota -salesman, laid up with flu. -Max Mazur, new Columbia city .salesman from Chicago, back oh job after flu. Chief Barker W. A. Steffes, of Twin City 'Variety .club, vacationing in Chicago. J. H. Jacobs, salesman in Columbia exchange, succeeds .1. M. Weiner as branch manager. Moe -Levy, 20th-Fox district man- ager here, chosen next Sidney R. Kent drive leader. Rud Lohrehz, Warner district man- ager, and the wife shook off flu and returned to Chicago. Ray O'Brien and Paul S. Allison, ItKO homeoffice . rep and. ad sales supervisor, respectively, visitors. Don Buckley, Redwood Falls, Minn., exhibitor, stopped over en- route home from Florida vacation. Fred Holzapfcl back at his Broadr way. theatre, . neighborhood house, following recuperation ' from ap- pendectomy. Bill Shartln, Warner city salesman, promoted to Seattle branch manager and will be succeeded here by Max Mazur of Chicago. Phil Dunas, Columbia district manager, recovered from his. recent operation and paid his first local visit in several months. Miami Beach By -Arthur Thomson Irene Bordonl opened at the Dninri. Meyer Davis in on a biz-vacash trip. . James Barton taking a Palm Beach vacash. Joe E. Lewis still at the Conti- nentale. Carol Bruce into the Dempsey Vanderbllt- show. Tattee Martin, warbler, into the Five O'clock club. Abe Lyman held over another three weeks at the Royal Palm. Harry Stevens held over for fourth consecutive week at the Olympia. Dorothy Williams, Hannah Demp- sey's sister, won the rhumba contest at La Conga. Ed Sullivan and Louis Sobol joined the Fourth Estatcrs vacationing at the Rohey Plaza. Lovey Warren will do the Princess voice in forthcoming Fleischer fea- ture. "Gulliver's Travel.*'. Adelaide MofTett did a one-nlghter at the Brook club, before leaving for the Chez Paree, Chicago. Lillian Carmen, pop singer at the Conlinentale, opens at tlie Walton Roof. Philadelphia. March 23. Ralph Rblan. RKO exec, a.ssisted by Bryant "Washburn, conducted re- gional tests here for "Gateway to Hollywood' radio .show. Robert Yacopi of the Yacopi troupe, now at the . Royal Palm, was injured in a fall while working. Ex- pected back in the act soon. Chicago Sid Strotz to the Coast this week. Burton' Holmes back and again do- ing fine biz. Tony .Lada working on a new musical comedy. Nelson Eddy concert sold' out at the Opera House. Lou Ruppel in and gut on quick confab with local CBS execs. Haydn Evans of WNAX making quick agency tour in Chi and N. Y. Emlle Boreo In town for a few doys to break his jump to the Coast. Ros Metzger to L. A. for o.o. of new Tommy Rlggs origination set-up. Maj. Lenox tohr stopped off for biz confabs on trip through to SF Fair. Ada Katz booking for the Audi- torium for a flock of conventions and meetings. Charlie Washburn around town waiting for the Alfred Lunt-Lynn Fontanne troupe to catch up. London • 'Dawn Patrol' at Warners is pres- ently, the biggest film hit in the West End. Joe Grossman, studio manager for Associated British at Elstree, down with flu. The Buster Shavers reported ex- pecting an addition to the family in the summer. Jack Davis has opened his 'World's First Television News Theatre' at Marble Arch. Gordon Harker out of cast of 'Number Six' at Aldwych due to throat operation. Mrs. Jack. Harris, wife, of the maestro-owner of Giro's club, is now .the hitery -s booker. , Vi Bradley- returns here in May or October to work for Martlnus Poul- sen at the Cafe.de Paris: Brian 'Wallace, son of Edgar Wal- lace, obtained divorce from his nov- elist wife. Margaret Lane. Marie Burke -giving up her apart- ment and joining her husband In Australia, v/hei-e she is settling down permanently. After breaking records at Metro's Empire, "The Citadel,' transferred to Metro's sinallie. The Rltz, is again breaking records for this house. Jack (Giro's) Harris has signed with NBC for 13 weekly broadcasts, which are to be relayed on a nation- al hookup, in May. June and July. Eddie Oliver, former pianist- arranger . for Ben Bernie, has his own band, which opens an- eight- week season at I« Touquet from June 20. Ross and Bennett are replacing Barr and Estes in Tom Arnold's South African tour of 'Switzerland.' Company sails for Africa tomorrow (Thur). A. J. Balaban taking his family to live in Switzerland.. Had intended to stay here as iresident, but was told he would have to pay Income-tax on the amount he spent here. The final quarter of last year shows an Increase of membership in the Performing Right Society from 1,674 to 1,703.. This includes a num- ber of Continental refugees now re- siding in England. George Hale girls held over at the Cafe de Paris and Cafe Anglais for further five weeks. Poulsen Is bring- ing over a new troupe of 12 sex ap- pealers. They open March 20. Earl Leslie (MCA, London) did the fixing, which is for 10 weeks. Contrary to rumors. Will Hay has not been set for any picture work when his contract With Gainsbor- ough Films expires next month. He's holding out for a three-picture Seal for $200,000 ■ and has turned down offer from Jeffrey Bernerd to do one for $75,000. Congratulatory cables received by George Foster' on his golden wed- ding Include - those from Sophie Tucker, Eddie Cantor, Jeanette Mc- Donald, Ben- Bernie, Rudy 'Vallee, Jimniy- Durante. Paul Whlteman, Harry Rlchnian, Vincent Lopez. Lupc Velez, Cab Calloway, Morton Downey, Boswell Sisters, Ethel Bar- ry more and Ernest Truex. William Morris cabled case of champagne. back to N. Y. after month at Royal Worth hotel. Southland Inn opened under manr agement of James R. Knipe, of Sun Valley, Idaho. Four Freshmen quit the Pelican March 31. Everglades and Pelican shutter end of first week in April. Feiver Films (Continued from page. 3) SL Louis By Sam X. Harst Ray Curran, office manager for UA here, father of a son, yet un- Carl Lorch orchestra has moved to the Claridee hotel, Memphis, from Hotel Jefferson here. St. Louis Symph has garnered $90,000 in drive for $151,000 mainte- nance fund for next season. Harriett Foote Parker, of Fergu- son, Mo., formerly active in Little Theatre productions here has copped a contract with Warner Bros. Julian Beisman, 16, son of Man- ager Paul Beisman of American the- atre, bowed as a thesplan at the John' Burroughs School when he played In "Seven Sisters.' Oscar Strauss' 'Waltz Dream' is the 12th niece' penciled for 1939 Munici- pal Theatre Assn. season in Forest Park. Season opens June 12 with Ifl performances of "Ro.sc Marie' and I closes week of Aug. 21 with 'Victoria - and Her Hussar.' ■ Charle$ Kullman. Robert Weede. Lucv Monroe and Nicholas Massue of the Met Opero have been inked for roles in spring series of grand operas to be presented by St. Louis Metropolitan Grand Opera As.sn. in Municipal Auditorium next month. two-day sales session in New York starling Monday (13), to be followed by regional meets. None of the sales- men are coming in for the WB N. Y. meet, only the branch and - district rhanager.s. Metro Is. holding its sales conven- tion in Chicago March 17 and may not cut its program, which is 51 pictures this year, and 20th is hold- ing its meet in Chicago March 30. This is the third date change made by 20th. Company sources say that the lineup for 39-40 is not ready for :announcement. Although WB, 2Qlh and Metro are holding their sales meetings as early as last -year, majority of the com- panies are in no rush to start sell- ing after tha way buying lagged last summer.- Mono Is planning Its na- tlpnal sales convention in New Or- leans in Mayi when some others rhay be held. Columbia will hold Its con- vention late, as will RKO, latter planning on June in New York. Various others, possibly including Republic, Col, Parariiount, U and UA may also choose N. Y., if able to get hotel accommodations satis- factorily, so that their ne'ople may get a chance to see the World's Fair. Xr« Qeorce Clifford EnrcTMB Caalae- Betii Cballla Jo* MlllkoDf Ora 1523 Clob SwlnfT klnir Oro .Conauela. FlowerloD Tommy . Monroe ]3otty McUce - PoDper . Caret T.lttle Annie Kay McCullouKb Dolores Merrill June Davia iHtzi Lane Florence llolman Fninkle Falombo'c Cliff Conrad Marlon & White Harrison Sis Papa & LeRoy Yvonettea (6) Bobby Morrow Oro 3 Lunatlx . Harrlii Tavern Alabama Corlniie Ijobby Lyons Oreta LaMarr Betty Thoinaa HUdebrmml'i ,Tackle Small ' Cbarlle Nelil Mario & Marl* Franoea Ruaaell Frankle Milton Bella Belmont Beryl 'Vt'niker Lydia White Richard Bach Bobby Le* Oro Rat«l Adelphla (Cafe Harenny) Frank Oagen Ore Ann KIncade Pancho & Dolorea Don Annellna Ore Hotel Philadelphia Harry Taylor Oro Joe Farino Phil Fletcher Britell 2' Helen Doyle Artie Brooka & M Tonio Bradley Jack LyDCh'i Charles Smith Vincent RIsto Or* Barney Zeeman Mona Reed - Holland ft Hart Dorothy Tanner Jimmy Blake Frazee Sla (2) J Lynch Gla (16) Ghezzla (2) Charlea Fredericks Betty Keane Joe Frazetto Oro Latimer Olob (Blue Boom) Bvelyn Lampshlr* Ann Rush Virginia Hoivnrd Barbara Bradley Rh'unr.ba Oro Jerl Foster UttI* Bathakcllcf Jack Qrlffln Ore Jimmy & E Kip Roy Sedley Qaye Dixon Mickey & Clarion .Sharon Harvey Yvotte Open Door Cot* Nanette Bob Ridley Happy Tliompson Mickey Walker Rose' VenuttI bord & Janice Hawaiian Ore Ethel Mneder Viola Klaiss Oro rarrlsh Cat* Dot Jnckaon - Shorty Scott Marian Aiken Vernon Guy Johnny Holmoa Or Fniple Derbr Bobby Carr Sir Cecil Alexander Ulnger Dunn Jean Lemarr Marffle Mealle Moore & Burns Joe Burns Itay Allen Oro Dotty Moore Jimmy McVey BendeiTuiw Helen Shaw B S Pully & Gump Raymondes Itoss Irwin Thelma Nevlna^ Pearl 'M'llllams Bobby Hargraves HUmp'* Cat* Frankle RIcharde'n Paatlne & Marlyn Saddle & Lorraine Bert Leml'ah Oro Dot Landy Jack Hutchliiaon Johnny Welsh 3 Debs . Hhlrley Herman' surer l.ake Inn (ClemetftoB) Mickey Famllant 0> Alice Lucey. 'Fredez dc Lorenza Reynard & Marcia Georiro Reed Sky Top CiDb ' Cliff Bookman lieon 'Wriiiht Oro ~MiirJorle Johnson Blanche Suunders Strut & Struggles Tape & Dave Margaret Wataon iMInola Intkla'* Batliakaller Prasno & Fonton Frank PontI Beth Calvert Almce Joy Dancing Kennedys Eileen Fay Cleo Valentine Barbara Drent Bonnie' Stewart Ernie Kennedy I.oslie Sla Irving Braaloir Ore 20tb C*nlnr7 Bob & E 'Wayn* Lee Leslie Bob Shneffer' Tommy . Cullen Oro Venice Grill* Jack Rich Caslmlera Ola Fay Ray Marie Scliaeffer Joey Hayes Ore Viking Cafe Blllle Caltehan Henry Patrick Wynn Fisher Joe Kcnrns Grace O'Hnra Jerry Delroar Ore Ollle Jack Hallahan Cleo Valentine Tillage Bars Lenny Kent Bstollo Sloan Edle Lang . Johnny Hudglna- 2 Jacks Bobby Evans Teddy Oliver Or* Wagon Wheel Joe O'Shea NIkl Nikolai Peto Hayes Al. Wilson . Tommy Horn George Deber Al Baatlan Oro Weber'a Hof Brao (Camden) Foram Sis & Tom Senorlta Nina Use Hart Rudy Bruder Jules Fiacco Oro. Jerry Marcelle Helen Worthington Aoroway Duo Signer Karmlno Eddie Sheppard J & T Sliellonh'mer Internationals Bldorndlans Raoul & Helens Yacht Olab Kilty Helmling Ore Jimmle Bailey Madeleine St Denis Mildred King John Reno Roberta Ramaey Patricia Roblnaon - Gibson & Co Edna Thompson UILWAnEEE Athletic CiDb Hal Munro Ore Bert PhUllp'a Pep Babler Ore Bthel Seldel Blatx Palm' Oardea Eddie .South Oro Louis Mason Bine Hoon D Davidson Oro Virginia Rosen Jay Jayaon Gale Parker Cardinal Club Bud VIonI Oro Chnteon Clnb - Stan Jacobsen Oro Johnny Poat Jimmy & Nora Bell Jack Herbert June Carson Dorothy Mfiye Clorer Club Harry Welior Ore lluth Phillips Eva Thornton Margo Young Kloanor (lall .lean Hurley ' Flo Rndke Don Krnnlch Club Forest Virginia Orey Bcrdlne Dickson Helen Kaye Vera Welsh ■ Clnb ftladrld . Jimmy Rotas Ore Roland ft Franclnn Turty Stevens Lou Reynolds Rebecca Page Patricia Page Gla Marguerite Claudet Lollta Roche Clnb Sahara Gee Cerwin Oro Clnb Terrl* ■Gordon Oenschoro Mona Henderson Bthel Warren Phil Kestin Kathleen Kay* Claudia Ferris ' Congo Clnb Bob Freeman Mary Reed JelT. Thomas Leonard' Gay Oro Comles Ship . Ben Boo Ore Kaiph Lewis Onlley ft Lamarr . Devlnes Eagles nilly Baer Ore Hob Garrity Ore Mabel Drake- Dorothy Dale Red Roberta Oro Gloria Gale Jimmy Do Palma Howard Gelger lintel Srliroeder (Kmplre noom) Lawrence Welk Or Jerry Burke Walter Bloom Lola Beat Knrl Rntach'a Sopple Boch Ore Holone Sturn 'Walter llerhoff Ijamen'a Ray Meadowa Oro Last Round Dp Jimmy Roy* Oro Ken Keck Undy'i Rick ft Snyder Victor Log Cabin Carl Bergman Ore lUlamf Clab' Helen Holmea Ilalley Malone Evelyn Lee Miami S Peggy Geary Hazel ' Bitlley Gene Emerald' Harriet Cross Johnny Davla Ore MUwankeaa Bobby Maynard Oaal* Marty Gray Oro Snooks Hartman Old Ileldelbers Mary Beth (^ameo Ols Eddie ZIpp Ore Donna LuPae Allen Dunft Sallie Marshall' Ginger ft Louis* . Open Door TInney LIveng'd Or Larry ' Powell Packard nallroom ' Al Cavalier Ore Pnnidia* tiHrdcn* Bill KIngnley Oro Paris Joe Gumin Oro Leri Herrick Plantation Clab Bert Bailey Oro Mary Webb Plantation 6 Brown & Lyons Myrtle Thomas Uunky Brown RendexToiu Betty Mason Helen Oregna Carol Cleveland Dotty Norman Katharine Kay* Alma Grant Dob Mathoson Oro Reno Rudy Sager Orb Pat Marvin Helen Allen Romona Brownwell Barron Luncliauaen S«aler'8 Tony Bauer Oro Marie Kecky Jessie ft Viola Dorothy HamlHoa HIng Burdick Roma Ooatello ' Scbwarta Dob Bhorle Ore. Lee Leighton Oro - Six Point Clab . Caaper Reda Oro - Slat* (iardea* Earl Rlgg Ore Florence Dell ' Mildred Soeley Ann Helene . i Dale ft Dale Even Allen Irene Schrank Kin Smith Knight ft Dae . Sunset Club Eddie Apple Tie Top Tap Joey Feldstein Or*,', Natalie ft Howard * Marlon Parker Kleanor Leonard Al Gale Bert Gilbert Tmrn and Conntn Clnb ' . Robertos Luclene Virginia Davis Madeline Gardiner ,■ Betty Harger . Aileen Ronda "> Edith Rae Toy's i Case I..andla Oro Zeth « North 01^1 Kay Orandell Ore Trocailero Miron Stuart Or* Jane Rubey : - ^ Shutta. ft Keat ^' Dolly O'Dea i Bert Snyder Woodard Sis ' Wlrth'* Fntnrlstlo : Bill Schweitzer Oc« ^ Jack Fexer Vallle Jay' Oro ' J Maureen Rosey ' Regan ft Mann . ; Wisconsin Root < Steve Swedish Ore . M Merrymaker Ora' NIe Harper Ore Tom' Sheridan Cappy licwla Joan Demarls Arnold Dupr* 7^unkrr Gardeaa Skipper Leone Oro CLEVELAND Alpine Village Otto Thurn Oro Robey Fam Margaret Aemmer Herman Pirchner Avalon Hy Barron Oro Bthel Mne Myers Bert Gilbert Carol Chapelle Cedar Oardens Duke Melvin Oro Slim Thomna PrincesB Wee-Wee Prince Albert Susay Brown Chnteaa Pete OeracI Oro Al Schenck Jean Lee Ann Baron . Eight O'clock Clab Bill Miller Oro Sammy Llpman Co Freddie's Cafe Toiiy Emma Ore Lee Early Frank Reynolda .Tnaie Miriam Kretlowllne Eddie Bnrnea Oolden Gloir Paul SImonetll Ore T«B8 Peggy Margie Weat Zaza Gonrmet Clnb Louis CIna Oro Fr^lda Steffens Ilnttoii's Clnb Sherry Martin Lonny Colycr ' Bob Armatrong Rose-Marie llnnnn Grill Joanna Gordon Kay Bush ^ Don ft J.OU' Lcn Ensign Hotel Cleveland 'i. Manny Landers Ora * Walt' Bergen Ore < Hotel Fennay. HaB-v Wlllard Potia Oro • Battle Allen ' Hotel Sterllnr , Marty Lake Oro* Paul ft Uueta >, Hotel llolleadaa ' Sammy Watklna Or Robinson 2 Paul Nolan Parker ft Porthole Pritikin ft Mason ' Hotel SloUer- ^ Dick Stabile Ore Evelyn ' Oakes Glover ft LaMa* Jack ft Eddie** Chick Williams Henry Rubertlna IJeas Evans Dona Wamby Harold Thomas Lindsay's Sky-Clnk Bonnie Lavonn*.. Marlon Bowen Art Cutllt Monaco's Cafe Jacques Pollack Or. Marllynd MaynaM > Mounda. Clab ' Orvelle Hand Oro Sfulliern Taven Paul Burton Ore ' Don Kaye 'T Nick Bontempa i Cbnngl Clab Tommy Bnrnea Ord ' Mertel Colllna :- Ethel Avery f Rose Morgan Sonny Carr Downie Circus Sold To Georgia Showmen ^ Macon, Ga., March 7. Sale of Downie Brothers' Circtis by Charles Sparks was consummated here last week. It was purchased by . William -M. Moore 8c Co., a Georgia outfit Moore, of Denison, Tex., has . been in the circiis biz for more than •' 20 years. ■ Associated with him In'the ' deal are H. A, becker and T. Leo ' Moore, of Electra, Tex., and Paul M. ' Cpnaway, Macon attorney and news- *. paperman. Sparks said he would retire from " show biz with the purchase of the circus by Moore. Tent show was fo'ced to curtail its tour and return to winter quarters last summer after a siege of bad weather with . resulting punk biz. BIRTHS Mr. and Mrs. True Boardman, daughter, in Los Angeles, Feb. 28. Mother is former Thelma Hubbard, radio player; he's radio scripter of ' Silver Theatre. Mr. and "Mrs. Arthur Sileman, daughter, in Hollywood, March_ 1. Father is unit manager at Republic Mr. and Mrs. Laurence Stallings, son, In Bel-Air, Cal., March 6- Father la author and playwright ^eineeAeij, March 8, 1939 FORUM-^OUTDOORS VARIETY 69 WHAT THEY THENK Frisco Fair Ov«rhaiik Staff; Some Concessions Suffering Poor B.O. — ■ — ■ — ■ -f _ .. mtor, VABEExy: There are a number of Inaccura- ies In Kobe's review of 'Off to Buf- bIo' which I am sure you will want 0. correct— If only for the record. '6s to Buffalo' never made the ounds. Vinton Freedley was the Irst manager to read the completed aanuscrlpt and bought It several lays later. As to his casual refer- •nce to script doctoring on 'Room tervlce* which George Abbott Is upposed to have done— this ia en- iiely untrue. Mr. Abbott didn't vrite one line of 'Room Service' [co- iuthored by Mr. Boretz.— Ed.] nor lid he make any suggestions as to iny other changes— and I am sure ilr. Abbott will be glad to tell you ;o if you ask him. I have ho quarrel with your review >f 'Off to Buffalo,' although many istute showmen— among them Eddie Oowling and George M. Cohan— lidn't agree with you or the other reviewers at all ... nor your own Boston man, if you will look up his review, I would like to say, however, in ny own defense, that what started )ut to be a sentimental tale of a man K'ho had a hero who brought him nothing. but grief was torn, mangled, listorted, crippled, ripped, raped, polluted and finally, deposited in the ish-can; I was not in sympathy with ivhat was being done from the first jay of rehearsal and it was only my regard for the people who were de- pending on the production for much needed jobs that kept me from' as- lertlng my rights as a playwright and celling the whole thing off. My sym- pathy goes to Joe Coolc, a grand person and an excellent performer, R^ho.was hornswoggled into appear- ing in a pilay that was never made tor him, and the resulting mess that ippeared at the Barrymore theatre showed it I was in Cuba when he r/as engaged and the row I raised when I got back caused Mr. Albert Lewis to threaten to have me barred ti'om the theatre — ^thereupon T barred myself for 10 days. But enough of this. I am sure no one Is very much interested. But one more thing — about those Joe Miller- Ish lines, I do not have a file nor have I ever consciously used a line which even faintly smelled of moth- balls, . After a while the play de- veloped into a free-for-alL You can Imagine the rest Allen Boretz, Re: Barna Mantle Warrensburg, N, Y. Editor, Vadiety: Why is it that Variety Is' con- stantly going out of its way to be- little Burns Mantle, of the Daily News? ' In this ' week's issue, for one of Innumerable instances, a long story on the respective merits of the New York drama critics as a boxoflice influence would have playgoers be- lieve that Mantle's influence on the boxoffice Is far less than that of the critics of the Times, Herald Tribune and Sun, 'even though the News' circulation is so much stronger than that of the other three papers?' This, of course, is sheer nonsense. In this village alone this writer knows of 13 theatre-lovers who swear by Mr, Mantle, and even make trips to New York to see plays recommended by him. And most of these read the Herald Tribune and Times for other purposes. This is true of legitimate theatre- goers throughout the United States, where Mantle, through his daily critiques, his universally read. Ten Best Plays,' his .syndicated letters and his lecture tours, is justly rec- ognized not only as. the dean of Hrama critics, but is equally dis- tinguished by an amazingly happy facility for guaging 90% of the plays he reviews very correttly. . .cor- rectly, wlUle never losing his sense of fairness, of wit, of tolerance, and the element of self-effacement so sadly lacking by many other critics. Also, in this week's Vamety,' in a list of four plays closing in New York, every first-line critic in New York was quoted— Atkinson, Brown, winchell, Anderson, Lockridge, Watts, Whipple and Variety (which was quoted four times). All except Mantle. His name was not even mentioned, and yet he was correct >n his appraisal of every one of these plays. Time and time again Mantle has been relegated to a spot near last place, or in last place, in Variety's boxscore standings o£ drama critics. This, on the face of it, is ridicu- lously unfair, since Mantle very often gives to a play which he criti- zes adversely an extra half -star or star in deference to the production- values, the cast, direction and other factors considered by a critic who- knows his business. This should be recognized by Variety, in the future, especially since Mantle is the only New York legitimate critic employ* Ing the star system. If the allow- ances above noted were made. Man- tle's averages in Vamett would be elevated to a point more in keeping with his ability. Either do this, or discontinue ludglng by stars^ Mantle, of course, has no knowl- edge that this letter is being written and would prefer that it should not be. Tills 'writer merely feels that Vaubty would be better liked in this respect by stricter attention to fairness to a man who has done more for the living theatre than any critic now alive. And, Incidentally, Mantle furthet distinguished himself "way back in 1929 by refusing to agree with the crepe-hangers that the legitimate theatre .was 'on its way out' with about five more years to live,' and similar defeatism, . ,a belief shared by most drama critics. Mantle,' with his customary sagacity, merely stated in his wise and tolerant way that in the theatre there would al- ways be a 'human urge for human contact.' He even predicted cor- rectly the very year that the the- atre would begin to come back, not only in New York but on the road as well, proving once more that he is uncannily correct most of the Ume.' Af. S. Fife. (Story referred to was the. rating by a ticket agency broker 0/ the importance of the Weu> York drama critics' reviews to agency sales, and not the b.o. generally. Also, the quotes in the going out-boxei are chosen at random for their perti- nence to the shout's success or /all- ure, toith Vabibit a\vMy» quoted be- cause of its de/lnite b.o. ratings of plavs. So far as Mantle's star-sys' tern is concerned in relation to the annual boxscore, his star system, is THE guidance for the alleged mathe- matician's figures. There is no foundation to the thought that Va- RiEiY Intenttonallv, or otherwise, seeks to belittle Mantle— Ed.) BENNIES 8R0S. HGHT FOR MICH. FAIR DEAL Detroit March 7. Kennies Bros.' carnival, whose lack of a \mlon contract almost caused' a strike of performers at the 1938 state fair here, was granted a temporary court order here last week restraining the new Michigan state fair board from canceling Its con- tract with Hennies for the '39 fair. Federal Judge Edward J. Moinet In- structed the board to show cause this week why it should not be re- strained from entering into a con-' tract with Beckman ■& Gerety Co, to provide the carnival at next fall's fair. The order is an outgrowth of a complaint filed by Orville W. Hen- nies, catnival prez, who charged that pr, Linwood W, Snow, newly ap- pointed state fair manager, had can- celed his contract without authori- zation of rest of board members. Backyard Sideshow With Lions in Between Dates A Laurelton, L. I., residential neighborhood is going strong for the backyard trained lion act of Ernest Engerer, Jr., a high school student who is carrying on while his dad 'recovers in the hospital from a bad clawing. Three lions are stabled by the Engerer family while awaiting professional engagements, which have been infrequent lately. Engerers have exhibited- their cats to the neighbors, charging adults 25c and children 15c. Besides keeping the act in shape for that expected theatrical date, the backyard show helps keep the family in groceries and the animals in beefsteak. Giavatt Scouts Talent Atlantic City, March 7, Frank P. Gravatt, president of the Steel Pier Amus. Co., sailed for a five-week European tour last week during which he will scout for Euro- pean act.s for the coming summer's outdoor Steel Pier Circus. 51G Suit Vs. Ringing Hollywood, March 7. A damage suit for $51,000' by America Olvera, trapeze' performer,- against the Ringllng Bros. Circus, went to trial here yesterday (Mon- day). She charges that negligence by the circus caused her to suffer serious in- juries In a fall last year in Anthony, Kansas. A. C. Would Shutter Its $15,000,000 CouT. Hal IVbite Elephant' Atlantic City, March 7. The resort this week was urged to close down its $15,000,000 white ele. phant, otherwise known as the Con- vention HaU and Auditorium, to save the', taxpayers' money. With the Hall almost $60^000 In the red for the year's operation. Walter R, Dar- by, State Mimldpal Finance Com- missioner, stated it would be to the benefit of the taxpayers to drop what has been a disastrous season of ice hockey. The Hall which has never made money and which is allowed through a city budget appropriation a $30,000 deficit has' long been a thorn in the side jof the legitimate amusement interests in Atlantic City. They would Welcome this shutdown. The ice hockey season started last November has steadily gone from bad to worse with the Sea Gulls, the local hockey representatives, not able to get started or pile up any kind of a following. Other events in the Hall have likewise fiopped. Several taxpaying groups have also urged the close of the big Hall, originally built to bourse conventions but which has been the scene of all khids of amusement promotions. In- cluding, a week of opera that never got started and a summer run of the film, 'Ecstasy.' CARNEY^oklNGS $50,000 DAMAGE^ Atlanta, March 7. Mrs. Oscar H. Williamson, Jr., widow of the late superintendent of Atlanta's 6,000-seat Municipal aud, last week filed suit for $50,000 dam- ages in connection with death of her hiisband, who was . fatally Injured last October in an accident on a rid- ing device on midway of Southeast- ern Fair. Suit makes Rubin & Cherry, Inc., operators of 'Heydey' ride on mid- way, defendants, alleging negligence to provide safety devices, reckless speed and faUuie to warn William- son of its danger. Action was filed by Hewlett & Dennis, attorneys. Williamson was injured Oct 9, closing date of fair, and died two days later. He was 32, and as super- intendent of the auditorium, his sal- ary was $250 per month, according to petition. . Rubin & Cherry carney formerly wintered here at Southeastern Fair grounds, but this year holed up in Mobile, Ala. Injuries Hit Three In DeL Shrine Circus Detroit, March 7. Injuries sent three Shrine Circus performers to hospitals here last week, as the annual event termi- nated its two-week stand at the state fair coliseum. Grace Orton, who with her hus- band, Vernon, was taking part in a double trapeze ict with the Rooneys and Cook Sisters, fell 40 feet frac- tured both wrists and suffered inter- nal injuries. She is recovering in Highland Park General hospital. Margaret Strickler sustained frac- tures of the foot when her horse slipped and fell on her. Merven Cramer, keeper employed by Clyde Beatty, was clawed by a tiger when he tried to repair , a cage door. Ringling's Tax Appeal Washington, March 7. Ringling Bros.-Barnum Bailey Combined Shows, Inc., is seeking -to have Board of Tax Appeals rede- termine tax deficiencies totaling $117,435. Tax bites, assessed for period from Doc. 1. 1932, to Nov. 30, 1936, com- prise income and excess profits, taxes and penalties. 'DOC IN DUTCH Medicine Show Trooper Charged With Attempted Mnrder of Wife St Louis, March 7, 'Dr.' James Moore, 53, medicine show trouper, is being held without bond in Rockport, Mo., pending trial of alleged assault to kill his young wife who did a song and dance act with the show. Moore denies the charge and is expected to go to trial within the next week. Mrs. Moore was woimded seriously when the troupe was at Langdon, Mo., on Jan. 8. She was shot in the head and taken to a hospital in Ham- ilton, la,, but released after two weeks' treatment RAND DE^ PEPS UPN.Y.FAIR INTEREST Chief Interest in the New York World's Fair during the past week centered about the possibility that Sally Rand would either appear in person, or have a show at the ex- position. With the need for a name attraction apparent to officials of the fah:, setting of a deal is expected in the next 10 days. Miss Rand is reputed to have told the fair officials that she is pas^the day of showing at 25c per head; Uil- derstood, too, that her coDiract 'with -the San' Francisco fair m»kes it vir- tumbr lmpossiM5~ll)s her\to absent herseltentjFeify from theJZoast show. Amusement area at the N. Y, ex- position still has no official tag, be- ing, known variously as the 'amuse- ment area,' 'amusement zone' and midway. Althou^ actual progress indicates only 30% to 35% of all amusement area is in shape, or close' to being ready to operate, building is expected to foe accelerated from now until the opening April 30. Los Angeles, March 7. Two damage suits totaling $150,747 were filed against Sally Rand by C, Ray Stanford and Hazel Drain, with whom the dancer had a row over candid cameraing in a local the- atre last July. Miss Rand is cur- rently operating the Nude Ranch at the Frisco fair, Stanford seeks $75,697 and Miss Drain $75,050, $50,000 SUIT OVER N.Y. FAIR'S AD m' A $50,000 damage suit has been filed in the N. Y. supreme court (Tuesday) by . Nathan L. Kevess against the N. Y. World's Fair 1939, Inc. Plaintiff claims that on June 9, 1937, he communicated an idea of his to John Krimsky, director of en- tertainment and events of the fair. The idea was to have fioats of vari- ous designs of different Industries underwritten by those industries, and sent to dilTerent parts of the country , as advertising for the fair. He was promised compensation if his idea was adopted. He now claims that The Motor- cade,' or .'Fair on Wheels,' was adopted from his idea. He also seeks to examine Grover A. Whalen, John Krimsky, and Joseph Cohen, director of the department of pro- motion, before trial. Asks Roch. Carnival Ban Rochester, N. Y., March 7. Carnivals would be T>arred from residential areas of Rochester, and sideshows and games of chance would be entirely banned, under an ordinance introduced in city coun- cil and expected to pass. License fee will be raised from $50 to $250. Action follows avalanche of pro- tests on noise and nuisance laid to carnivals in northeast section last year. San Francisco, March 7. Overhauling of the Golden Gate International Exposition staff, now that the fair is open and settling down to normal operation, started last week with the dismissal of over SO employees, including several execs. Hit by the shake-up was Concessions Director Frederick W. Weddleton .and several members of Ms staff, Weddleton and top expo execs ha've differed over the opera- tion of the Gay way for some time and all parties concerned have been plenty outspoken. Several other key execs, some of them pretty close to the top, are ex- pected to be out shortly. Until the summer months come aloiig, when attendance is expected to pick up with the Increase In tour- ist trade, the expo will get along without 46 guides, let out last week at a monthly saving of $5,750. Ex- cess cashiers, etc., have also been given leaves of absence. Proxy Lenox R. Lohr of NBC, and former general manager of the Chi- cago Century of Progress, gave the fair the 0.0. during his two days' stay here last week In connection with the inflection of NBC stations KPO and KGO and the dedication of W6XBE, the general Electric short wave station at Treasure Island. On the special entertainment com- mittee of the N. Y. World's Fair, Lohr stressed the importance of the midway to any exposition, stating that one outstanding village can do more for a fair than any other single thhig. He said that entertainment at a fair doesn't mean entertainment people can find at home. It means seeing sights they've never seen be- fore. Concession BIc Poor Some concessions on the Gayway are lagging badly and a couple are rumored as ready to fold. Tom Wolfe, owner of Holy Land, is plan- ning to build another concession on the Gayway, Kindel & Graham have put in a bid for Lee Singer's Midget Village, which is still closed. The Baby Incubator show is still In- complete. BuUdii^ in the foreign section re- cenUy opened Include the Chile Pavilion and the French and Czechlo- 'vaklan exhibits. Formal opening of other foreign buildings follow: Italy, March' 12; Brazil, March 17, and Argentina,' March 21. Total attendance of Fair up until Friday (3) was 655,916, Gold weather and some rain set in last week and held attendance down con- sideraibly. During the opening 10- day period concessions took (n $424,000 ' and toll Collectors another $171,000. Some of the night clubs on the mainland had their licenses sus- pended for five days for violating the 2:00 a.m. closing law. Clubs have been anxious to pick up some extra coin from visitors here for Fair. License suspensions were ordered by the State Board of Equalization. - Improved services on the Island since its opening Include complete re- organization of the expo-owned restaurants and appointment of John Meany as head of eight large island eating establishments, also the iron- ing out of transportation difficulties to the Island from the East Bay. BYRD'S SHIP ON BLOCK IN BANKRUPTCY COURT Cleveland, March 7. Admiral Byrd's museum - ship, which battled its way from the North to the South Poles, sailed in- to Federal bankruptcy court here last week for a dry-docking on the auction block. One of the principal exhibits at the Great Lakes Exposi- tion, the City of New York Barque has been laying idle and decaying at a lakefront pier since the Expo closed nearly two years ago. Auc- tion was in answer to a $1,175 wage claim of Capt Ralph Von Suboff, her commander and custodian for seven years, and to Cleveland's $350 dockage claim. Only . two bids were offered, one by Von Suboff, and the highest $800, by Lawrence G. ' Jontzen,- v. p. of Jontzen Printing Co. Latter is own- er of the convict ship, Success, who plans to take the Byrd vessel to New York's fair. Although a mini- mum of $2,000 had been .ordered to cover all claims, Jontzcn's claim was tentatively accepted subject to ac- ceptance of Federal court. 64 VARIETY Wednesday, March C, I939 mORE COIIGGE PRoms IHHH HHV OIHER MS Bf cn sramPED WITH RPPBO^W «I THESE tOUe«*' ALABAMA POlYTECHWC CARNEGIE TECH GEORGIA TECH GEORGETOWN UNlVaSJTr MISSISSIPPI STATE COUEGE NOTRE DAME OHIO STATE UNIVERSITY RUTGERS STATE COUEGE. S. D. STATE COUEGE. PA. ST. JOHNS ACADEMY. Syracuse UNIVERSITY OF ALABAMA UNIVERSITY OF INDIANA UNIVERSITY OF lOV/A UNIVERSITY OF MARYLAND UNIVERSITY OF MICHIGAN University of Minnesota UNIVERSITY OF NEBRASKA university OF north CAROLINA UNIVERSITY OF PENNSYLVANIA UNIVERSITY OF THE SOUTH UNIVERSITY OF TENNESSEE UNIVERSITY OF WISCONSIN VANDERBILT UNIVERSITY VILIANOVA V.P.I. GERMAN CLUB V\RGINIA MILITARY INSTITUTE YALE and many othersi \ Styles for bonds in the U. S. ore set in the colleges. Joe Jitterbug* Harvard '42, writes double columns for Variety on the bands the boys and belles fancy, and is harder to please than the mugg who regularly writes the raps. But the bands that he and his fellow students of syncopation LIKE and BOOST and BUY ore the BIG BANDS OF TODAY AND TOMORROWI Mill OSBOnnE PIBVS mOBE tflllEGE PBBBIS THBB BHV OTHIH BBBDI Will Osborne — at top dough; come up to the «jffice and we'll show you the contracts— is TOPS with the prom> trottersi NO OTHER BAND has a prom list like his! Why? It's Osborne's terrific new bond — his sensational new "SLIDE MUSIC* style that all the other bands are slipping into their arrangements right up to the limits set by his patent on iti VDU DIDH'T GO TO COllECE BBD OOB'T THIBH VOU EUEB Ullll? YOU can catch Will Osborne and his band at the NEW YORK STRAND NOW (weeks March 3rd-10th-1 7th — definitely booked for three weeks before opening; not "held over"l). He packs 'em in those theatres, too. He set a new high record at the Paramount in Newark, the week of January 27th. VARIETY said: " . . . one of the fastest and best balanced stage shows seen here in a long time. Holds excellent music in the form of Will Osborne's orch . . . Paramount has the edge on the Shubert currently, if only for the trek of the jitterbugs to this house. They are here in droves, stamping, swaying and clapping to Osborne's slide music*." BILLBOARD said: "... took the town by storm . . . turned in a neat $18,000 dt the Paramount. This is by far the best biz turned in by the Adams house since the resumption of the stage, and screen policy." vou'RE nn niumnus? vou uiobh for nn rduertisirg rgercv? Will Osborne just played two shots on the Show of the Week on WOR-MBS, the only band that has played a repeat date on this program (his THIRD date is coming up on April 2nd). Don't YOU think it would be smart to grab the guy for a commercial? DECCA RECORDS • NBC TRANSCR/PT/ONS • >Hmm BROS. PICTURES * MUZAK TRANSCRIPTIONS *REC. U. S. PAT. OFF. No. 3fiS9.m ■iSJi en RADIO SCREEN PUBLIC UmAK\] 180681) ASTOn, LENOX- AND • TJLDjai FOUNDATIONB B • 1039 I PRICE Publlshsd Weekly at ICl West 4Ct4 Street, New York, N. T., by Variety, Inc. Annual aubscrlptlon, tlO. -Slnsle copies 26 centa Entered aa second-class matter December 22, Itoe, at the Poat Ofrice at New Tork. .N. Y., onder the act ot Uarch I, 117*. COPTBIORT, 1839, DT TABIETT. INC. ALT. BIGHTS BEBEBTED. Vol. 134 No. 1 NEW YORK, WEDNESDAY, MARCfi 15, 1939 66 PAGES iirtie Shaw Is the Mr. Cinderena Of Bomice Bands; in the Red 3 Mos. Ago Br BEN BODEC Artie Shaw, the newest thing !n tMUnce bands, who last week signa- tured a contract with RCA Victor which guarantees him an Income from phonograph records of $100,000 for thi next two years, can lay claim to- skyrocketing from behind the eight-ball Into the realm of big money within a period of three months. When Shaw took up his (tand at the Lincoln hotel, N. Y., last December he was In the red for $11,000. Today, besides the disc coin. hi'a good for a minimum of $6,500 a week In theatres, $2,250 In radio (Old Gold) and a $1,100 guarantee on one-nighters. It was only last fall that the Music Corp, of America let Shaw go be- cause it became convinced that the bandman's future was dubious. He esked for his release and It was given him with dispatch. Now Shaw Is considered by booking of- fices as one of the four top gold mines In the business. For revenue possibilities he rates in a class with Tommy Dorsey, Benny Goodman tnd liny Clinton. Shaw got bis original opportimity ts a batonlst from Rockwell-O'Keefe in 1037, when that office placed him (Continued on page 47) Sneak Money Chicago, March 14. First Instance of a conscience payment to a picture house oc- curred at the Uptown, Balaban tc Katz nabe spot, last'week when a kid came In and handed man- ager Ben Bloomfleld an envelope containing $5. He said it was part payment for the many times he had sneaked Into the house through the back door. Youngster had been to confes- sion and was told to make re- tribution. EDntt Rooseveh Ttot Withdrawing at Present' From Hearst Radio Org Ft Worth, March 14. Even though he has rempved the representation of h,is Texas State Network from International Radio Sales, Elliott Roosevelt stated Mon- day (13) In answer to an inquiry by Variety that he was 'not plan- ning on withdrawing at the present time' as president of Hearst Radio, Inc. It had been reported that the break between the TSN and IRS would soon be followed by Roose- velt's resignation from the Hearst organization. IRS Is the station rep- resenting division of Hearst Radio, Inc. Frank Fenton, who was formerly with IRS, wiU do the New York rep- resenUng of the Texas State Net- work. Roosevelt has had little to do with the operations of Hearst Radio dur- ">8 the past eight months. It was nimored last month that the Hearst heirarchy would not re-elect him president at a forthcoming board meeting of Hearst Radio, but this forecast did not materialize. Cronin's First Play London, March 14. Dr. A. J. Cronln, author of 'The Citadel,' whose filming won the .Academy Award, has written his «^st play, as yet untitled. It has been purchased by Henry Sherek for West End production In the Immediate futuve. FRENCH SHOWS GET GOOFY REQUESTS Montreal, March 14. Toughest of all radio program problems here Is admittedly the pro- duction ot French-language comedy shews. With but one exception a radio character known as Frldolin, v.'ho was developed and routined oy Yves Bourassa at CKAC, few of the French-language comics have t>een able to stay on top for more than a brief span. Radio gagging In French doesn't exist, comedy usually consisting of a play on words. With these diffi- culties in view sponsors are constant- ly throwing program producers into a panic with naive requests for comedy teams 'like Bums and Allen in French' or a 'French Fred Allen.' Another account asked why they couldn't get a French-language com- mentator a la Kaltenbom. And one agency offered to pay 'as high as $35 weekly for a French-language Lowell Thomas.' Payoff was a call from a local producer asking for a four-minute script 'like Jack Benny's —but funnier." For $10. EXHIBS, GET READY FOR SOME CONFUSION Hollywood. March 14. Two Stanleys beating the bush for two Livingstones Is a possibility this summer when 20th-Fox releases '.'s high-budget production, 'Stanley hkI Livingstone." James A. FItzpatrlcK. who makes Traveltalks for Metro, closed a deal with Harry Thomas, indie distributor, to release a picture of the same title in this country. Fitzpatrlck shot the film In Africa ifi 1937 and released it in England last year. Execs at 20th-Fox said they were not taking any steps to prevent the Fitzpatrlck release. TOO MUCH HOKE GIVEN AS 'NEWS' Film Biz Names Press Agent to Overcome Unfaymrable Publicity Hollywood and Industry Have Been Get- ting — Fault Lies in Own Backyard COPIOUS TRIVIA Holljrwood as a place and the film Industry as a business Is to have a press agent He's Kyle D. Palmer, former Washington correspondent of the Iios Angeles Times, who served with Joe Breen, the Industry's cen- sor, for three years. His new official and Imposing title Is chairman of the Committee for Public Relations and the Department of Public Informa- tion of the Motion Picture Producers and Distributors Assn. The latter is mora familiarly known as the Will Hays office. Behind the appointment Is a grow- ing realization In the trade that Hollywood and Its chief activity have been getting a bad press. That part of the bad press has been due to, or at least possible only with, the ac- tive collaboration of Holljrwood's (Continued on page 20) Theatres Moll Son. Nk[lit AUi Cut to F^t Radio's Name Sbdws Glorifying the Kid It's a big season for moppet songs In Tin Pan Alley. There are fiitir 'cdrrent releases which Include the word little' In the title and make the male young- ster of the species the object, of their sentimental regard. These tunes art IJlttle Sir Echo' (Bregman), TJttle Lad' (Lincoln), portahce or merits. Other preposals are for 'family, nights,' at vrhlcb all members of thf family would be admitted for a spe- cial low price. They are also itiidl« ing a boost in Sunday aftemooil\ scale and a reduction at night to^ fight the strong radio opposition. Twin City indies have been com- plaining for nearly two years that the Sunday night name radio pro« grams have been raising havoc wltii their attendance. Formerly Sunday was the theatretf best day of ths week. Now it is one of the worst, the exhibitors claim, with Thursday, also a tops for radio, badly off, too. The slough of theatre b.o,s Sunday nights by radio has become a na« tlonal problem. It is one of ths chief reasons for exhibitor squawks to the major companies, whose stars broadcast that night Stripper Doubles hto Own Laundry to Help Native CIdna $55 Worth Philadelphia, March 14. Amy Fong, burley peeler, opened a laundry last week in the basement of the Shubert theatre^ where . ah* was playing, to aid her native China. Femme, after her stint on the stage each day, laimdered the shirts of stagehands and musicians at $1 per. She made $55. Miss Fong said she bad thought of asking the audience for laundry, too, but feared that the prof esslonal laun- dries might get sore and picket tht house. MEXICO SETS PLANS FOR 1ST WORLD'S FAm Mexico City, March 14. Mexico's first World Fair is now a certainty. Chairman is ex-President Fascual Ortiz Rubio. The fair is to open some time in May, 1940, and run for seven months. Buildings are to be erected soon on a large site in Chapultepec Park; city's biggest public playground. Women Go Stag Philadelphia, March 14. A burley show for women only was staged here last week by El Brendel, Jr., son of the film comic, in the auditorium which he manages. More than 2,000 femmes attended the performance, which was a char- ity benefit and complete from th* very blue jokes of the comics to a couple of strippers. VAJRIETY PICTORCS Wednesday, March 15, 1939 Ostror Non-Literal Prophecy: lifell Bring Ovo' Omdl^ (for Vi»)) Brinss About BBC Bmshoff London, March 7. Isidore Ostrer doesn't stand in to good 'wUh BBC at this immediate time, due to alleged statements of his that he was planning to bring over Joe Louis, Bing ' Crosby and other major U.S. attiaictions &>r visio. pro- grams here, Ostrer was lined up with the radio people pretty nicely, and arrajigements for the theatre television of the Boon-Danahar fight by the Baird process showed agree- ment liad been substantially reached on the rediflusion angle. But, flushed with success of the shov^ag, Ostr«r ^dlce out to news- papermen on his ^eas for the future of visio as a theatre attraction; in citing names of Uv>linerB he was only voicing thoughts in his mind and not the concrete actuali^ the printed re- ports of his words conveyed. None the less for that, when they saw the clippings, BBC got dead sore, and cracked baolc in a high-faiutin' of- ficial statement Said they: 'We find it difficult to beUeve that Mr. Ostrer or anyone else can have made any statement that he was bringing over artists from the U.S. to- televise from Alexandra Palace to bis theatres. As far as the BBC is concerned there is no truth in such a statement, and the corporation is not in any way interested in any ludi negotiations.' Obviously Ostrer could not com- mit himself to any so definite a pro- gram unless he had tallced the thing right out witti the BBC and, more importantly, the Television Ad- visory Committee, which has the ac- tual sayso on visio policy. But at this time Lord Cadman, new chair man, is out of England for liealth reasons and other vital members are also scattered . around Europe for business purposes, and no meeting Is liliely over a matter of weeks. But imtil tliat time the mtsunder standing over Ostrer's intentions when he opei^ up. to the reporters Is Ukely to persist 75G PLAGIARISH SUIT VS. HAROLD LLOYD lenry Retngson Joins Myron Selznick Agcy. Hollywood, March 14. Beniy Benitfon, one time l^nlver- sal studio executive and later a Paramount and Metro producer, Joins the Myron Selznick agency today (Tuesday) •• general mana- ger. He'« new to percentary, but le given the American government HOWARD'S 3-WAY DEAL FOR 2 RKO LONDON PK London, Jfarch 7. Visio has its camera problems on scale unknown in film studios is what BBC production have learned by hard, experioiee at Alexandra Palace. Worst of them is that there can be no re-takes if lighting or composition are not okay. Make-up gives even bigger headaches. Special chart is t>repared for make- up experts each day on camera sen- sitivity, due to the fact the degree given by seven studio emitrons is not constant, but varies daily. But it is now stabilized that sun-tan make-up gives, excellent resiilts, as compared with' blue and yellow used in early visio days. Hairless cra- niums firie dusted with dark powder to avoid light reflection; musicians' instruments are- unpolished,' as otherwise they would cause hilation, As concerns costumes, emitrons dislike black' but like pastel shades and non-absorbent inateriaL Even- ing dress creates difficulties, solved by using yellow shirts, collars and ties. JA ConveBlio&s In i^; Execs Trek to Coast United Artists will hold two re- gional sales conventions this year. Dates and locations hav» not been fully determined, but likelihood Js they will take place in Chicago and New York in April, Hegira of company executives to the Coast started Friday (10), First to leave was James Booievelt, GoI3- wyn v.p, followed by Murray Silver- stone and Charles Schwartz, , UA counsel, eh Saturday Ctiange Is in midstream of the two- week booking of Chick Webb's or- chestra and Ella Fitzgerald, who are credited with drawing most of the $32,500 recorded the first week with 'Never Say Die.' lliis represents a small profit, and the N, Y. Par figures a change in picture is wiser than re- taining 'Die.' Southemaires, Lindy Hoppers and the Zephyrs, colored acts with the Webb - Fitzgerald t>ooking, which opened Wednesday (6); are being re- placed today (Wed.) by Jigsaw Jack- son and team of Chuck and Chuckles. Bob Weitman and booker Harry Kal- cheim are reroutining the whole show, putting in new numbers. This h the fii-st time the Par has changed pictures in the middle of stage bookings. Warners' Strand did it a couple weeks ago, when it dumped 'Off the Record' after one week with Kay Kyser, shoving in 'Yes, My Darling Daughter,' and then again Friday (10) threw this out after one week (picture's sec- ond) holding Will Osborne's band and bringing in 'Oklahoma Kid.' BUUe Burke Hurt, Radio Informs Her Daughter Philadelphia, March 14. Patricia Ziegfeld, daughter of the late Florenz Ziegfeld, and BUlie Burke, flew to Hollywood Friday (10) after learning that her mother had fractured her ankle ttiere. Slie first heard of the accident via a radio newscast. 'Lincoln' Starts at 20th Hollywood, March 14. •Young Mr, Lincoln' rolled yes- terday (Monday) at 20th-Fox, with Henry Fonda in the name role and Morjorie Weaver as his wife. . John Ford is directing. Oikr News of hterest to Fibs Head of Aussie Distributors Association to step down Page 14 Improved market In India for U, S. films Page 14 Still mull changes in British quota .,Page 14 Clubwomen warn radio on kid shows Page 27 CBS' Bencbley show to NBC Page 20 George Jessel snares two sponsors Page 29 ' II . ! ".; \ ' . ' ■ 1) < , . ' ! — li ' ■ ■ j ' li ' , ■' ' . 'I I '■ II I I ' I — First of French producers plan- ning to make modestly budgeted English language features in U. 8. aimoimced a definite setup this week. He is Robert Aisner, president of Heraut Films Corp., recently formed company financed by French coin, and will start work on 'Bricks With- out Straw,' Citarles Q. Norrls novel, in about six weeks at the Sastem Service studios, Aisner, who has produced about SO features in the last 12 years in France, is a veteran in the French cinematic industry. His pictures made here will be budgeted at $200,000 to (300,000, using French technique in producing. For Norris' best seller Irwin Shaw, author of 'The Gentle People,' will do the screenplay, and Marion Ger- Ing, under contract to Paramount, appears set to direct Sylvia Sidney is the only player mentioned thus far for a starring role, A distribution deal Is reported on with Paramount Because of the hours obtained for experimental television broadcasting by Du Mont in i^Ch Paramount controls 60%, the use of Hib medium for special trailers on Par pictures, as planned and anoimced two weeks ago by Nell F, Agnew, would mean putting them on tlie air between midnight and 8 a.m. Those are the hours granted to Du Mont during the past week. The Allen Du Mont Laboratories, Inc., headquartered at Passaic, N, J., Kceived permission at the same time to erect New Jersey's first television transmitting station. The license is for experimental purposea The Du Mont station is to be known as W2XVT, Visual and aural power of the Du Mont station will be 50 watts and broadoasting will be on frequencies of 42,000 to 56,000 kiIocycIe& Paramount obtained its 50% inter- est in Du Mont last summer at a re- ported- $200,000 and decided first use of the transmitter would be for the purpose of televising fecial trailers, longer than those Used for theatres and designed as entertainment types. With the time of midnight to 8 am. granted for broadcasting, the value of such trailers would be v.'rtually nullified, with result such plans may be dropped. Pending the beginning of experi- mental broadcasting, new financing for Du Mont is beinj discussed, and it is understood a meeting will be shortly called to consider steps which reportedly call for $1,000,000 in new securities through Lehman Bros,, whose Jolm D, Hertz is a director of Paramount The Du Mont stock. In over-the- counter trading, rose from less than $10 a share to mere than $30 follow- hig the 60% interest taken in it by Paramount New financing Is ex- pected to include conversion privi- leges. Report on Television May Be Feature Of Animal MPPDA Meeting 'Various departments of the Hays oflice are whipping their divisional statements together for presentation at the annual meeting in New York of the Motion Picture Producers Distributors Assil, set for March 27, It is possible that a summary of the television situation as it relates to the film business, will be ready for presentation, Cburtland Smith, who is making a summary of de- velopments in the last few years and preparing a report, has been engaged in his activities now for about two weeks. Two hdicled for Pic Cepyriglit Violations C^bicago, March 14. Grand jury here last week returned indictment against R. R. Gregg ai^ Barney Gold on charges of conspira- cy to violate the copyright laws by reproducing the picttire, "The Cat's Canary.' The complaint was made by the Van Beuren film company. In addi tlon to the conspiracy charge, Gregg was specifically named (or vtolation of copyright laws. YOUNG FAIRBANKS GIVEN TOPPQl IN PAR'S W&* Hollywood, March 14. Douglas Fairbanks, Jr., gets the star spot in Paramount's 'Ruler of the Seas,' slated to start April li with Frank Lloyd directing. Actor is also committed to Uni- versal's 'The Sun Never Sete' and Paramount's 'Knights of the Round Table,' SAILINGS March 21 (N. Y. to London) Sam Sax (Queen Mary). March 18 (New York to San Fran- cisco), Margaret Becker (City of Norfolk), March 18 (New York to London), Otto Kruger, Terence Ratigan (He de France). March IB (London to New York), Arthur W. Kelly (Queen Mary). March 15 (New York to Jamaica) Hume Cronyn (Jamaica), March 11 (New York to London), Flora Robson, Arthur Carron Cox, W, Somerset Maugham (Queen Mary). March 11 (New 'York to Paris), Ludwig Laurence, Denise Berley, Madeleine CieolTrey, Andre Barsacq, Maurice Meric, Herbert Alsen, Carola Kittel, Irving Mills, Rachel Carlay, Vicki Baiim (Paris). March 11 (West Indies Cruise), J. Fred Coots, June Walker, Norma Terris, Duke McHale, Phillip Huston, Helen Ford, Jesse Kaye, Lillian Shade, Beniamino Riccio (De Grasse), March ir (New York to Argen- tina), G, H Dairy mple (S, S. Argen- tina). March 10 (New York to London), Hugh Hunt (Manhattan). March 8 (London to New York), Irving Tishman, Buddy Rogers (He de France). March 8 (London to New York), Senator Murphy (lie de France). ARRIVALS (At the Port of Neto York) Gloria Swanson, Amy Johnson, J. J. Shubert VSmt. I>vers-Zeisler, Paul Schifl, Barend Broekman, Claire Alcee (Mrs. Andrews White), Miine. Yarmila de Daubek Novotna, Charles P. Skouras, T. K. Stevenson, Milton Krims, Irving Tishman, Buddy Rogers, Senatoc Mvxfitjt - .'• Wednesdajf March 15» 1939 PIGXURBS^ VARIETY WB Moving Sam Sax to England As Prod. Head; Bidyn Studio to Qose Sam Sax, head of Wama» Bros, ghorts production in the east, 'is being ghUted to the company's studios at O^ddinston, Kngland. and sails from Ifew York March 21 to head produc- tion there. . No successor to Sax has been se- lected, nor is It definite whether there will be another Vltaphone pro- duction head chosen. Vltaphone shorts production is being shitted to the Burbanlc, Cal., studio around April 15. No new short production will be started in the eastern studio. ' According to Sax, certain depart- ments in the studio may be dropped br closed, for the time being. Di- rectors, cutters, editors, etc., have schedules to complete and will be occupied at the studio until next July. The Vltaphone laboratory will remain open for feature print- ing. Jerome Jackson, in charge of Warner British production, has re- signed from the Warner organiza- tion, according to London cables. Jackson Qolta London, March 14. - Jerome Jackson, who succeeded Irving Asher as production head of Warner. Bros, studios here, has re- signed. No successor has been named, but there is a probability that Warners will import an American as top British producer. Indies Stan Suit Vs. B&K; Want to Keep Their Books Private Chicago, March 14. Further stalling on the indie ex- hibitors' suit against Balaban & Katz is evidenced by the' decision to post- pone hearings imtil April 18. On that date the Federal courts will rule on the question of whether the indie exhibitors must reveal the facts of their financial standings and open their books. The indies- have petitioned the courts to restrain the attorneys for the. defense from insisting on look- ing into the books of the theatres, claiming that such questions were de- signed merely to embarrass and harass the plaintiffs. The defense at- torneys, however, insist such in- formation is necessary in order to judge correctly in just what manner the exhibitors are being damaged by the alleged acts of the defendants. Goetz Coming Over With Print Ben Goetz, head of Metro British production, is sailing for the U. S. March 25 accompanied by his family. Gpetz is bringing over the print on Metro's Uitest English picture, James Hilton's 'Goodbye Mr. Chips.' . Robert Donat is starred and Greer Garson, Irish actress, has the fem- inine lead. Kord Back at Rep. Hollywood, March 14, Charles Ford, who resigned about two months ago as producer of west- erns and serials at Republic,, is back on the lot in his old capacity. . Besides producing, he may be given additional responsibilities. NEEDS NEW DIALECT Hollywood, March 14, •StricUy British' is the first of Par- amount's starring vehicles for Patrl cia Morison, stage actress recruited from Broadway because of her Gaelic background. Picture is based on Phyllis Bot- tome's novel, 'Danger Ahead,' an EngUiih whodunit WIRES OUTSIDE LIBEL A Conrt Bales Company Not B«- spoBslble for Slorrlnc Messaces Los Angeles, March 14, Nan Blair's $100,000 libel suit against Western Union was dismissed by Superior Judge Jesse Stephens, on the grounds that transmission of telegrams does not constitute pub- lication and therefor* outside the libel laws. The literary agent sued over an unsigned message transmitted from New York by WU. COHAN-METRO DEAL GOES COLD After, months of negotiations, which at one time reached the stage where a form of agreement was drafted, the proposed George M. Cohan musical cavalcade for Metro has been definitely shelved. It is said that every major point . in the contract, except one, had been quick- ly and amicably reached, but on the one point of 'final story approval' Cohan stipulated that he be tiie judge. The story material proposed for the film was based on Cohan's career since before the turn of the centuiy. Some footage necessarily would be devoted to the Four Cohans. On the question of what the film would contain of a biographical nature with respect to his mother and father, Cohan declared only he could make the decisions. Studio, however, held out for final approval on all matters in connection with production, with the result that the deal, went cold. All talks be- tween Cohan and Metro have been discontinued. BALABAN SKEDS CHI 0.0. ON WAY WEST Barney Balaban, who is going west with Neil F. Agnew on '39-40 prod- uct conferences the first week in April, is planning to stop off in Chi- cago on the way out to look in on Balaban & Katz operations. Stanton L. GriiTis, at present in Florida, may go along. Rush of business matters at the Paramount h. o. prevents Balaban and Agnew from going out earlier, as expected. In all probability, sales plans for '39-'40 and convention date will be set after conferences at the studio with Y. Frank Freeman and others. Pending Coast conferences and consideration of what Paramount has on Its lists for 1939-40 produc- tion, the number of pictures the company will offer for the coming season, plus convention plans, re- main undecided. Agnew indicates that the convention will probably l>e held in May. Stoloff Doaling for U Hollywood, March 14. Ben Stoloff moves over from Co- lumbia to Universal this week as producer-director to await an assign- ment. His last chore at Columbia was direction of the 'The Lady and the Mob.' Addition of Stoloff ups the pro- ducer-director set-up on the U lot to four. Other dualists are John Stahl, Rowland V. Lee and Richard Wal- lace. 1. .y. AUTHOIilZE CALL Resolutidn to Strike Aimed to Prevent Producer-Dis- tributors From Servicing . Non-IATSE Houses With Film — Negotiation Over- tures Likely Before Any Walkout NATL THREAT? Following a surprise move of the International Alliance of Theatrical Stage Employees, which has as its objective the elimination of film ser- vice by distributors to theatres in the Greater New York area that do not employ lA or affiliated union members, the distributors were faced yesterday (Tuesday) with the pros- pect of a strike action which may have disturbing ramifications. Bombshell came in the form of a vote of the membership of Local 306, Moving Picture Machine Oper- ators of New York, Monday (13) at midnight, authorizing a strike call, nature not indicated, against the pro- ducer-distributors. The form any strike may take is a question, and it also is a matter of theory whether this first move by one of the lA's largest locals will be restricted to New York, or mark the initiation of a campaign of national significance. 13M Vote The 306 membership numbers 2,200. ' Of this total. 1,800 attended the Monday midnight meeting to vote on a resolution placed before them for a strike call against 'film exchanges, studios, distributors and projection rooms.' The vote was unanimous in favor of the brief reso- lution. There being nothing in the resolution to indicate- when a strike would become effective, its calling is up to the executive board of 306, with final approval of the lA also required. Thus, the authority of the mem- bership having been obtained to call a strike, the presumption is that ne- gotiation will be immediately sought with the distributors in avoidance of calling out men wherever cov- ered by the resolution. The 306 membership vote on a strike call, followed by exactly one week the action of the lA in placing it up to the distributors to stop servicing film to theatres in the metropolitan New York district that do not employ members of the lA, or its affiliated locals, mainly 306. The threat implied many theoretical forms of action, if such service wasn't cut off by the exchanges, with the result that during the past week numerous meetings were held with union officials, including over the weekend. Meelln? Bnrrledly Called With the matter remaining status quo, the meeting of the 306 mem- bership was hurriedly called. Mem- bers got notice of the meeting, held at the old Manhattan opera house, early Monday morning (13). There are betvareen 75 and 100 theatres in the N. Y. area serviced by the exchanges at this point which do not use members of locals in the lA. Majority comprise the A. H. Schwartz Century circuit and the Springer Ic Cocalis chain, which em- ploy operators belonging to the Empire SUte union, a N. Y.-SUte chartered or so-called rump union. Local 306 'has sought for some years to oust Empire, or to affect a merger with it, to no avail. From time to time the Schwartz and Springer- Cocalis theatres, as well as scattered indies, have been subjected to pick- eting. Schwartz houses are still be- ing picketed. Distributors have film contractual obligations with these houses and, through' the developments of the past week, are placed in the awkward position of facing union trouble if living up to these contracts. If the situation should reach the poinL^ere the strike call of the' 306 me^Sership is Invoked, the union might pull its men out of film ex- (Continued on page 43) MPTOA Lauds Zanuck, Nick Schenck For Restricting Players from Air; Raps Radio Critics of Fix and Biz RADIO MAN TO PAR Bit Dark What Use Will Be Blade of W. F. Boberts Paramount Pictures last week signed Wilfred F. Roberts, asst. com' mercial program manager to Bertha Brainard of NBC, to a six-month contract for picture work. He is due on the Coast April .17 with Par so far keeping him in the dark as to where Uiey will use him. Roberts gets a six-month leave of absence from NBC. HEPBURN BUYS SCREEN RIGHTS TO PLAY Boston, March 14. Katharine Hepburn herself is the purchaser of the picture rights to ■The Philadelphia Story,' those close to the actress have revealed. Film star Is currently playing the lead in the Philip Barry , comedy, wliich.the Theatre Guild is trying out at the Colonial here before taking it to Broadway. Deal is said to be the first Instance of a player buying the screen rights to a legit show, as well as the first time a play has been bought on a percentage deal before production. Understood Miss Hepburn figures on transferlng the rights to a major stu- dio, with the stipulation that she re- peat her present role in the film. If that plan falls through she may produce the picture herself or in association with Howard Hughes, working out a releasing deal with a major distributor. Actress and Barry are said to own a large share of the legit produc- tion, with the Guild holding the major interest. Also understood that Miss Hepburn has a run-of-the-play contract with a clause providing for her to stay in the cast through the 1939-40 season, provided the show runs that long. Dr. Frenke Polk Sten Pic from GN; Seeks New Major Release Hollywood, March 14. Dr. Eugene Frenke, husband of Anna Sten and producer of her starrer, 'Exile Express,' cancelled his releasing contract with Grand Na- tional and is dickering for a major outlet. Break was the result of GN's fail- ure to pay Frenke $25,000) Another reason was the recent discharge of GN's sales forces. Pact provided company would keep its sales staff up to fixed manpower. Einfeld Back West In the east for a month, Charlie Einfeld is returning to the Coast < Friday (17). Jack L. Warner, ar- riving in New York more recently to attend the Warner sales conven- tion Monday (13) and yesterday (Tuesday), may leave the same time or stay on a week or so. Grad Sears y/iW probably visit the Coast shortly on his usual spring look-see and conferences. RKO Seals Stevens Hollywood, March 14. RKO sealed George. Stevens to a new producer-director pact. His last picture was 'Gunga Din.' Praise for Darryl F. Zanuck and Nicholas M Schenck for starting to restrict their stars and talent from radio is. voiced in the bulletin -IssuM by the Motion Picture Theatre Own- ers of America, which went out over the signature of Ed L. Kuykendall, president of the association. Com- mendation for 20th-Fox and Metro executives was given for trying to solve this difficult problem.' The MPTOA asked supervision of picture players on radio late in 1036, and more than a year ago it called attention of film producers to the alleged destructive b.o. effects result- ing from screen talent on the air. " , MPTOA statement hit particularly^ the prevalence of radio commenta- tors 'who try to build up a listening audience for their own advertise- ment by panning new pictures and smearing screen personalities.' State- ment adds: 'It is one thing for the press to appraise and review a motion pic- ture in its editorial columns, b\it quite another matter fo;- the hired agent of a commercial advertiser on a- sponsored radio program to urge the public not to buy a certain pieca of commercial entertainment be- cause in his personal opinlon .it is no good.' Regarding the whole radio-picture situation, the MPTOA bulletin said: 'It's about time that the stars wak« up to the fact that the easy money they get tm the side out of radio appearances comes out of .their own hide many .times by undermining their value and shortening their careers on the screen and stage.' FRANK ROSS AT ROACH TO ALIGN 6 FOR UA Hollywood, March 14, Frank Ross, production as- sistant for two years, was upped to vice-prez of Hal Roach studio to suc- ceed Miltcn Bren, who recently moved to Metro. As v.p., Ross will aid Roach in ar- ranging six-picture program for United ArUsts release. Trads Mnrk RpglaMred FOU.NDED nV 8IME HI I.VBItM AN PDhllalinl Wacltir bf TARIKTT. far. Sid !>llvsrinan, PreaUlent 164 Wont 40tb Street, New. York Ctlf ■BUB.SCniPTION Annual ItO Foreign Ill filnole Copies 2C Centii Vol. 134 No. 1 INDEX Bills 46-47 Chatter 53 Concert i.... 42 Dance Bands 39-42 15 Years Ago 47 Film Booking Chart 20 Film Reviews. 16-18 Film Showmanship 8 Forum , 55 House Reviews 45,48 Inside— Legit 50 Inside— PictiTes 22 Inside — Music 41 Inside — Orchestras ........ 43 Znsit'.e — Radio 28 International News 14 Joe Laurie 4 Legitimate ..49-51 Literati 52 Music 39-4" .7ew Acts 48 Night Clubs 43-':4 Obituary 54 Outdoors 55 Pictures 2-26 Radio ....;27-23 Radio Reviews 38 Radlo^International 35 Vaudeville 43-44 4 VARIETY PICTURES Wednesday* March 15, 1939 ' Lefty and Fandy to Take In World's Fair. If Abner Doeai't Lose Roll By Joe Laurie, Jr. Coolacres, Cal., March 14. . Dear Jo«: Well, Me, Junior, Aggie and her know-lt-all brother Abner are all set to start for the New York World's Fair next week. We were going to go to the Frisco Fair, but Abner talked us out of it He claims he knows Grover Whaleu personally and that he owes him plenty of favors and that we will be taken care of when we get there. I don't know if he's, telling the truth or not, but he's one of those guys that can lie and you Icnow he's lying and yet you kinda believe him. He's got the same kind of gift as a film salesman has. Anyway the gypsy in me and Aggie is getting the best of Us and we're kinda rarin' to go. I guess it's the old trouper blood in us that gets a.flowin' round springtime. I was down to the depot the other day to pick up my 'can of grief when one of the fast trains uent by, and its whistle sounded like an overture to me, and when I got a peek at the dining car with the waiters all in white standing 'round, and the conductors with their gold braid and the folks sitting on the obser- vation platform, it all kinda put a big. lump of hankerin' to travel in my throat Although we ain't going by train, I think the trip by car will be better because I'll have a chance to stop off at a lot of towns on o'ur way and get to talking to my fellow exhibitors and see ho\y they run things and maybe get a few good tips on how to make the red in my books look a little paler. Abner's Tip Backfires And talking about tips, Abner got a hot tip on the Santa Anita Handicap. He said he knew the jockey and the owner and it was in the bag. Well if it was it Avasn't in our bag.' I told Aggie I just bet a deuce, biit I really lost a double sawbuck, of which Abner is supposed to owe me half— -that is one thing I can rely on him doing, that is owing me. He is one of those guys that waits for the bank to close when he wants to cash a check. Any- way, I found out what Santa Anita means in English, 'You can't take it with you.' Monday was the last day of the meeting and Aggie sez it's the last chance bookkeepers and cashiers have to make their books balance. I played Shirley Temple in 'The UtUe Princess' last week and boy did she pack the house. She is still the' queen of the mortgage lifters; she makes 'em come in and cry and when the exhibitor reads the statements he laughs, so everybody is satisfied. The only trouble with playing a Temple picture is that after it leaves your house looks like the grandstand of a baseball field in winter. Aggie was telling me that when' she visited a friend of ours at the local hospital she saw a poster hanging up in the Maternity Ward saying 'Moving pictures are your best entertainment' The guy that put it there sure had a sense of htrnior. 'Who do you think won the $50 prize on the Movie Quiz in our town? Yop, you gues.scd it the banker. Aggie was sure disappointed as she was all set for the ijrand prize, now she will have to be reset Aggie's broQier has a great idea for a new thing in hot dog rolls. He is going to put a groove around It so the mustard don't run out over your clothes. He has declared me in for 50% of it which means I'll have to put up all the dough. He certainly has a lot of ideas, but no free ones. I got it all set for Vie to run the tiieatre while I'm gone on a percentage of the profits. He is a young feller and believes there are profits in the picture business. If there is It must be In the X-ray end of the picture business. That's about all for now. Looking forward to seeing you in New York soon. I see by the papers that Frank Fay is now trying to bring vaude- ville back. I think the only guys to bring vaudeville back are the pawn- brokers, because they've got everything the vaudevillians used to have, sez Your Pal, Le]tv. P. S.— Pat O'Brien sez: 'One place there la a lot of Idle talk la In an unemployment agency.' lA Coast Local Gains bjnnction Vs. Browne and All Natl Otficers Hollywood, March 14, Federal Judge William P. James last night (Monday) granted an In- junction on behalf of Jeff Kybre, for himself and in a representative ca- pacity in behalf of the membership of Hollywood and Culver City Local 37 of the International Alliance ot Theatrical Stage Employees, against George. E. Browne, Harold B. Smith, C P. Cregan, the lATSE and all Its officers, including Browne, president; John P. Nick, Richard F. Walsh, Har- land Holmden, James J. Brennan and Roger M. Kennedy, aU vice-presi- dents; Louis Krause, general secre- tary-treasurer; John Gattelee, Frank Strickland, John Duval and 20 John .Does. It restrains them temporarily and orders them to show cause why they should not be enjoined and restrained from taking possession of any pa- pers, records, flies, funds, premises or personal property in possession of - Local 37. Injunction also enjoins the de- fendants from destroying, transfer- ring, concealing or tampering in any nianner whatsoever with the books, records, accounts or property of the local. In addition it enjoins them from molesting, intlmida*.ing, inter' lerlng with the plaintiff or any mem bers or officers of Local 37, and from endeavoring or attempting, under claim of authority, to take oyer the affairs of the membership of the local and interfere with transactions of its business. The order likewise enjoins and restrains . the lATSE, during pend ence of the action, from attempting to hold any hearings other than in a court of competent jurisdiction, concerning the rights, ' duties, privl le^es, authority and power of duly elected officers of Local 37, who are John W. Carpenter, president; Wal' ter H. Grady, vice-chairman of the board of governors; Guy H. Cooper, recording secretary, and Ed Helm, financial secretary and treasurer. Defendants are also restrained from taking any action or proceedings, other than in a court of. competent jurisdiction, which. will tend .to Im- pair, impede or interfere with the rights and privileges of the member- ship of Local 37 from performing their work. Complaint on which the injunction is granted states that the controversy in the action involves in excess of $5,000 and concerns the constitutional and fundamental rights of citizens ot California, circumvent- ing proceedings pending before the NLRB, and that the suit it not a collusive one to confer on the court jurisdiction in the case over which it would not otherwise have cog- nizance. Amended FetlUon Amended petition to charges filed lasl November against the lATSE were being prepared today (Tues.) for the presentation to the NLRB by Attorney A. Brigham Rose for Jefif Kibre of Technicians local. Al- legation is that a fake emergency is being created in affairs of union which is to be used as a basis for International union to resume dicta- torship control. Also charged peti- tions are being circulated in studios by gang bosses to discredit officials of lA and asking international to tal:e charge ot local. - A conspiracy is alleged under way to destroy autonomy given studio locals by lA and reinstate 2% as- sessment. Board of governors of laOcal 37 suspended Lew Blix, busi- nix agent; Harold Roddan, Thomas Moore, members, but were rein- stated by international. 'BABY' OKAY WB Geta Nod on Former 'Lite BectDS* Hollywood, March 14. Warners got the green light from the Hays office on 'Give Me a Baby.' Film, previously made by the stu- dio under the title 'Life Begins,' was barred in England and Australia. Hayaites imposed certain restrictions. mNOUT AS DlSTRlB HEAD IN AUSSIE Sydney, March 14. Sir Victor Wilson, head ot the Mo- tion Picture Distributors Association in Australia, quits in June after 13 years of service. No explanation was given as to why he was stepping down. Studio Contracts Hollywood, March 14. W. P. Lipscomb inked new icrlpt- Ing deal at Universal. Warners lifted Robert Buckner's writer option. Charles R. Rogers banded moppet contracts to Joyce Arleen Novotny, seven; Jacqueline Zoria Ossko, nine, and Maude Tyler Sperl, five. Metro hoisted Virginia Weldler's player ticket John Langan inked new dialog di- rector contract at Warners. Frederick Jackson inked to one- year writing pact by Edward Small. 20th-Fox lifted Doris . Bowdon's player option. Metro renewed Greer Garson's acting contract Sam Messenheimer's composer op- tion picked up by Metro. Warners handed new designer pact to Paul Shoup. Metro hoisted Betty Jaynes' play- er option. Columbia picked up Rita Hay- worth's option. John Payne inked new actor pact with Warners. . Winston Miller signed as scrlpter at Selznick-International. Metro renewed Lynn Carver's player contract Kay Griffith's player option picked up by.20th-Fox. Universal signed Sandra Henville, 11 months old. Warners renewed Terry Morse's director ticket Richard Wallace pacted as pro- ducer-director at Universal. No explanation was officially forthcoming In New York as to why Sir Victor Wilson was leaving as head of the Australian Motion Pic- ture Distributors Assn. However, recent laws enacted in New South Wales, aimed at distributors for the benefit of exhibitors, - admittedly have not pleased American company homeoffices and it's believed that a more vigorous executive was thought necessary for the post. Stokowsld to Score Disney Pic in Pfailtf, Reticent About Garbo Philadelphia, March 14. Leopold Stokowski arrived in Philly from Hollywood last week to conduct the Philly Orch in a series of concerts and to use it for scoring the Walt Disney cartoon, "The Sor- cerer's Apprentice.' Maestro said he expected Disney here this week. Basement of the Academy of Mu- sic, where the orch plays, has been converted into a huge sound studio. Equipment insured at $150,000, and shipped from the Coast has been in- stalled. Stokowski said he would appear in another picture. He refused to name the film, or with whom he'll play. Podiumist also revealed that he will lead a symph orch . in Greta Garbo's hometown — Stockholm, Sweden— in May. Last May he was a guest at Miss Garbo's home there. Asked if Garbo would be there for his symph concerts this year, he dropped his voice to a whisper isind said, 'I never discuss personal things.' Jason Set as Lasky Xareer' Pilot at RKO Hollywood, March 14. Leigh Jason gets the directing job on RKO's 'Career,' film version of the Jesse L Losky air show, 'Gate- way to Hollywood.' Finals next Sunday (19) will de- cide winning youngsters lo be fea- tured with Anne Shirley. . Metro's Backlot Parge FLEISCHER HAS '(MIVER'SET TOGO Having laid out the picture. Includ- ing drawings and a musical score, latter prepared by Leo Robin and Ralph Rainger, Max Fleischer will begin shooting his full-length car- toon, 'Gulliver's Travels,* the end of April or early in May. He has Im- ported 75 animators from Hollwood and estimates that shooting will be completed in October, . so that the picture may be scheduled for the Christmas release. Fleischer is turning the picture out at his new Miami studio, one of the most modern in existence and in- cluding features for sound control as well as mechanical inventions of Fleischer's. Cartoon producer is go- ing to be able to furnish stills im- mediately through a new printing process for the purpose, with result Par will have these available on the cartoon, . as with regular features, prior to completion of the finished picture. Fleischer is making 'Gulliver* In color and will also einbody In the production the third-dimensional process which he invented and on which he holds the patents. He is already going through a mass of ma- terial in search of something that will shape up for another cartoon feature next year. 'Gulliver' will probably be sold separately by Par rather than under the regular contract, with delivery during the 1939-40 season. Eve Curie to Advise M-G on Pic of Motlier Hollywood, March 14. Eve Curie is due at Metro next month to discuss the filming of the biog of her mother, who discovered radium. Greta Ciarbo is set for the name role. Charity's Pic Committee Film committee on this year's (1939) Catholic Charities drive, headed by John J. O'Connor, g.m. of RKO' The- atres, includes Harry D. Buckley, Pat Casey, H.' M. Doherty, E. C. Grainger, J. R. Grainger, Austin C. Keough, E. L. McEvoy, C. E. Mc- Carthy, Joseph McConville, C. B. McDonald, John Murphy, William J. Neary, Dennis F. O'Brien, Charles L. O'Reilly, P. A. Powers, William T. Powers, William F. Rodger.s, George J. Shaefer, William' Scully, W. G. Van Schnius arid others. Frank C. Walker; of the committee, Is ^acting as treasurer. ' Hollywood, March 14. Metro Is shaking loose about 2,000 backlot workmen as a iresult of the completion of the 1938-39 production schedule. Employment was at a peak four weeks ago with 12 pictures in pro- duction. .Only three pictures -are working this week. Bader with MCA Hollywood, March 14. Dave Bader joined Music Corp. of America here yesterday (Monday) as assistant to Dave Diamond, story head. He takes with him story properties and author representation of his own recently disbanded firm. Rejuvenating 'Zorro' Hollywood, March 14. 'Mark of Zorro' is coming back as a re-make, this time at 20th-Fox, which bought the rights from Doug-- las Fairbanks several years ago. The preliminary script is com- plete. Clark Gable Divorced Las Vegas, Nov., March 14. Maria Gable was granted a di- vorce from Clark Gable here on the grounds of dcfcrtion. They were married in 1931 and parted in 1938. Property settlement h reported at $286,000. MAYER-BURSTYN GET DARRIEUX'S 1CATIA' Arthur Mayer and Joseph Bur- styn, distributors of the French film 'Ballerina,' have also acquired U. S. rights to 'Katia,* starring Danielle Darrieux and produced by E. A. Algazy. Distributors are negotiating for a Broadway run at the Astor. Connie Would Draw DiFrasso Into Suit New York supreme court justice Timothy A. Leary on Friday (10) reserved decision on an application by Constance Bennett to 'take the depositions of Countess Dorothy Di Frasso in Los Angeles. Miss Ben- nett who seeks $62,500, claims that Ben Hecht and Charles MacArthur, the defendants, had conversed with the Countess and told her that they had a contract with Miss Bennett to do a script for her, but that they were not going through with it Actress claims to have made the agreement with the defendants In December, 1935, and paid them $2,- 500 as a retainer. She was to pay $47,500 more for the completed script The writers failed to pro- vide the script and she is suing for the $2,500, plus $60,000 for loss of time. Santley's 4th at U Hollywood, March 14, Joseph Santley is slated to pilot 'Flying Cadets,' Jackie Cooper-Fred- die Bartholomew starrer, his fourth successive directorial job at Uni- versal Shooting starts' as soon as Santley returns from a Mexican hunting trip. * RKOREORGDUE FOR OK IN TWO WEEKS Federal Judge William Bondy stated Monday (13) at an RKO hear- ing in New York that he will ap- prove confirmation of the reorgan- ization plan as soon as he pcsses on the board of directors. Bondy has taken under advisement the selec- tion of Raymond Bill, publisher, as a member of the board of directors, replacing Ferdinand Eberstadt. April 11 was set as the date for the next hearing in case anything Important which requires the court's attention should arise, but allformial matters relative to the plan have been disposed of. Bondy's formal order of confirmation should be forthcoming within a fortnight Still No V Hollywood, March 14. Barbara Stanwyck has signed for the top femme role of Lorna Moon in 'Golden Boy,' slated to go into work April 15 at Columbia with Rouben Mamoulian directing. Selection of thespian for the name role will be made later. Morris Vice Flynit - .. Hollywood, March 14. Wayne Morris takes the star role originally intended for Errol Flynn in the Jack London story, 'Burning Daylight' Flynn has four other pic- tures lined up. 'Daylight' will be made In Techni- color. Wednesday, March 15, 1939 PICTURES VARIETY 8 AGENTS PAQ CUT 'N' DRIED IfB Sales Ino^ase f& Xi^lfjo Since Jan. 1 Ksclosed at Convention; Co. Plans 48 Hx at Cost of 52 Salfes Increase of 17.45% in revenue ■Ince Jan. 1, 1939, over the same pe- riod in '38 was disclosed by Cradwell L Sears, general sales manager, pre- siding at the opening of the Warner Bros.' '39-40 convention in New York Monday (13). Sears forecast a con- tinual improvement in business of the company. Jack L. Warner- out- lined the lineup of next season's product and promised sales forces the present quality of company's prtduct would be maintained with the new schedule of 48 features. Sobert W.' Perkins, company's gen- eral counsel, discussed the attitude of distributors toward industry legisla- tion and trade practice agreements now being worked out. Other ad- dresses were made by Sam Schnei- der, Joseph Bernhard, Mort Blumen- stock, Carl Leserman,' Sam E. Morris and Major Albert Warner. Norman Moray discussed short siiblect sales and Charles Einfeld talked on advertising and exploita- tion possibilities. Jack L. Warner announced the company would spend ' as much money, if not more, on the 48 pic- tures for next season as it did on the 62 features of the current season. As to the 12 B films on the new pro- gram, Jack Warner stated, 'We don't like to make B pictures. They are a phase of the double-feature -evil, vhlch is gradually being solved. We tivn out B's to accommodate certain theatre' situations where the dual system is so deeply rooted it cannot be done away with immediately. The system is definitely on the way out, however, and our general production structure Is being planned toward jOiat end.' The production head also stressed the intention of the company to make films that meet demands of a grown- up motion picture public for power- ful inspirational stories, 48 Featares At the Monday (13) session of the convention, Jack L. Warner outlined the lineup of '39-40 product to the company's sales force. Program calls for release of 48 features, 36 of which are classified as A productions end 12 as B's. Three pictures will star Bette Davis; three with James Cagney; three with Edward G. Robinson; three with Errol Flynn; three with Jules Garfield and one with Paul Muni. Other important pictures which Warner Bros, will contribute this coming year will be biographical productions based on the lives of Dr. Ehrlich, genius of medicine; John Paul Jones; Martin NiemoeUer; Knute Rockne, a remake of "Dis- raeU' and the life of Beethoven. Muni will star in the latter. ■ Warners program of shorts will consist of 18 two-reelers and 68 ^gle reels. Vitaphone will lean heavily on use of Technicolor, more than one-half of the shorts to be made in color. Lineup will include at least 12 short features in Techni- .color and running from 2,000 to 4,000 feet in length. These shorter features will get top-notch writers, directors and players and will run into B bracket budgets. What Bad Weather? Hollywood, March 14. Old Joe Weather takes another beating from Prof. Science in a portable sound stage, devised by Henry . MacRae, Universal pro- ducer. Knockdown structure Is used on location when raiii, snow or high winds halt outdoor cam- era work. MacRaie used his Invention to save four otherwise wasted days on location at Kernville for 'Ore- gon Trail/ METRO INVITING EXHIBITORS TO CONVENTION William F. Rodgers, Metro general sales manager, has invited represen- tatives of important exhibitor organ- izations to attend company's conven- tion in Chicago, which gets imder- way at the Palmer House there Sun- day (19). Invitations have been accepted by Col. H. A. Cole, president of Allied States Exhibitors Ass'n; Ed. L. Kuy- ken'dall, president of MPTOA, and Harry Brandt, president of ITOA, of N.Y. Latter will also represent Al- lied Independent Theatre Owners of Iowa and Nebraska^ Intermountain Theatres Ass'n of Utah, Rocky Mountain Theatre Owners and Man- agers Ass'n, and the Moving Picture Theatre Owners of Virginia, at the convention. Exhibitor representation at the sales gathering is said to have been the desire of Metro and Rodgers to invite discussion and gather .reac- tions of exhibitor leaders on the in- dustry's conciliation program and proposed new trade practice agree- ment W. K. Howard Revises His 'Back Door' Film , Following revisions suggested by Paramount, 'Back Door to Heaven,' Which William K. Howard turned out at Astoria, L. I., this winter, was previewed Thursday night (9) in Stamford, Conn. A showing in a theatre in New York is not possible gs yet dae to the fact the censors haven't seen 'Back Door.' '" Next step Is arrangement with Par for the distribution of the picture, if Wtlsfactory, and the scheduling of a release date sometime this spring. •Pm*s agreement for release is predi- cated on seeing the finished print and approving It CENTURY OF BASEBALL GLORIFIED BY WARNERS Hollywood, March 14. First 100 years of baseball is to be commemorated by Warners in a fea^ ture built around the pioneers of the game. Outstanding character in the film will be Connie Mack, oldest big league manager. Byran Foy, who has been confer- ring with Ford Ffick, president of the National League, has the produc- tion job, with Raymond Schrock scripting. Location scenes will be made at Cooperstown, N. Y., home of the baseball museum. Out West with Marxes Holly woo J, March 14. Marx Bros, will don satirical boots and spurs in 'Go West,' a burlesque or Hollywood boss operas, written by Bert Kalmar and Harry Ruby. Picture stai';s as soon as they finish 'A Day at the Circus,' skedded tor cameras April 17. Hitchcock to Yale Alfred Hitchcock, director of "The Lady Vanishes,' who arrived from Europe "last week; -probably - will -go to Yale to deliver a. lecture on pic- ture production before leaving for the Coast. Hitchcock just finished work a short time ago on Charles I,aughton's new starrer, 'Jamaica Inn,* in Eng- land. He may do a picture for Selz- nick-International while in the U. S. IIEADy TO ADOPT Fl Contract Limitation May Be Stretched to Three or Five Years — AH Other Bugs Out — Director Deal Set SCRIBS' PARLEY Hollywood, March 14. Senate action is scheduled this week on adoption of an amendment to the State Labor Code necessary for completion of the franchise pact between the Screen Actors Guild and film and radio agents. Proposed amendment will give SAG authority to arbitrate disputes between actors and their representatives. Favorable action is assured, since the measure has approval of SAG, Artists Managers Guild and tops in State Labor Department. With adop- tion of this amendment a mass meet- ing of AMG will be called to seal deal with actors. At present, the state laws require that all diSer- ences between private employment agencies and their clients be concili- ated by the state labor commissioner. Contract will call for few changes In original 19-point program of ac- tors. Only major change will be in clause limiting contracts between agents and their clients to one year. Compromise is certain on this, with limit being hiked to three or five years. Small agents favored 12 months maximum in hopes of grab- bing oS some top flight players, but big agencies contended limitation would not protect thousands of dol- lars they invested in developing an actor into the star bracket They also insisted that a chaotic situation would result with contracts of play- ers expiring every 12 months and agents fighting for new business. The deal will be rushed to com- pletion when code amendment is adopted and M. C. .Levee, AMG prexy, returns from New York in two weeks. Big agencies claim that without their support many of the smaller firms would have been un- able to pass necessary qualifications to. secure SAG licenses to remain in business. The AMG insisted that licenses be issued initially to all agents doing business when the SAG-AMG pact becomes effective. Amendment Proposed amendment to State Labor Code rpads as follows: 'Notwithstanding section 1657 of the Labor Code and section 1280 of the Code of Civil Procedure, where- ever a contract between an employ- ment agency and one dealing with an employment agency provides that any dispute under the contract, or as ' to its existence, validity, continu- ance or termination shall be de- cided by any fair means of arbitra- tion, and if such provision is in- serted in the contract pursuant to any regulation of such contracts by a bona-flde labor union, or pursuant to a contract between such bona fide labor union and an employment agency, then and in that event the arbitration provision shall be valid, and any such dispute shall be settled by such arbitration pursuant to the (Continued on page 25) COOGAN AND MOTHER TO SPLIT $250,000 Hollywood, March 14.' Jackie Coogan and his mother .have agreed to split equally the $250,000 in property, all that's left of the approximately $5,000,000 the former child star earned yeai-s ago. -Although -final papers haven't- been signed, it's expected that the formal agreement will be reached this week, ending the long court fight between Coogan and his mother, Mrs. Lillian Bernstein. . Coogan will receive about $125,000, most of which is in non-income real estate and rights to his old films. WB, 20th, Par. RKO Making '39-40 Film Deals Retroactive to Trade Practice Agreement If and When Terra Firmless Holljrwood, March 14. Another acre is being lopped off the Republic lot by flood con- trol workers straightening out kinks in the Los Angeles River. Four acres were lost in the big flood of 1938. U MAY BOOST SKED TO 43 FEATURES Universal may boost the number of features on its 1939-40 program by three or fotir,' according to latest indications. W. A. Scully, general sales manager, came in from the Coast last week following produc- tion huddles at the studio, and . esti- mated that there might be 43 fea- tures on next season's lineup. This would mean three additional fea- tures, represented by the three-pic- ture contract given Harry Edington. Entire total may not include west- erns and reissues. Edington probably will go Into work on 'Atlantic Cable,' first in his group, by next month. U probably will turn out 81 short features, the same as the present season. Annual sales meeting probably will not be set until after eastern confabs with prexy Nate Blumberg. Regional conventions of the national sales, staff likely will be held be- ginning early next month. Present array of product. It was pointed out by U officials, is the strongest to come from the studio in years. 'Spirit of Culver' (Jackie Cooper -Freddie Bartholomew), Three Smart Girls Grow Up' (Deanna Durbin), and 'East Side ol Heaven' (Bing Crosby-Joan Blon- dell), go to distributors within a month's time, last named being re- leased April 7. Company also has another 'Little Tough Guys' feature and a Douglas Fairbanks, Jr., picture coming along before the end of May. 200G LIBEL SUIT AIMED AT VARIEH A libel suit asking $200,000 dam- ages was filed against Variety in New York federal court Thursday (9) by Standard Pictures Produc- tions, Inc., and Standard Pictures Distributing Co. Action is based on a review of 'The Headleys at Home,' a Standard pro- duction. Defense Uses Newsreels To Win lOOG Libel Suit St. Louis, March 14. With the public barred, a Jury in United States district court in Joplin, Mo.i attended the Missouri theatre here and watched 12 newsreels made of Robert Wadlow, eight feet, eight inches tall, who last - week lost a $100,000 libel suit filed against Dr. Charles D. Humber, for stories the physician wrote and which were published in the American Medical Journal. The reels were used by the defense fo support its .contention that the 20-year-old Wadlow was a 'freak of nature.' During the trial Wadlow's father said he was muUIni' an offer from the New York WorlU's Fair for his son to appear ther«. He was with the Ringling Bros, circus for six weeks in 1937. Pending full accord on a trade practice pact, a re-drafted form Qf. which Is expected from film attor- neys shortly, aU distributors will In all probability go out to sell the new (1939-40) product with the under- standing that when and it an agree- ment is reached on proposals under consideration, they will be retroac- tive on contracts written. Warner Bros., first of the com- panies to hold Its convention, with sessions in New York, Monday (13), and yesterday (Tues.), Is committed to this policy and other distributors already are doing the same. These include Twentieth-Fox, which holds its convention in Chicago March 30; RKO, not holding its convention un- til June, and Paramount, ' which probably will have its sales huddle in May. Grad L. Sears, general sales man- ager of Warners, which has consoli- dated its score charges in rentals, eliminating the. charge on percentage pictures, . instructed at the conven- tion that the selling be on the same basis as last year, but that terms of any trade practice . agreement reached be made retr oact ive under sales made. With all WB distribu- tion heads, division managers, dis- trict managers and exchange heads present, Sears urged that dealings with exhibitors be on as fair a basis as possible, and that shorts be sold strictly on their own. Other DIstrlbs FoUow Suit While other companies . such as 20th, Paramount and RKO will in- . itiate their big contract-taking drives later, following conventions, these majors, on such deals as are being closed in advance, are assuring ac- counts the retroactive feature' will hold true; that if there Is a trade practice pact calling for sliding can- cellation privileges of 10 to 20% and other concessions, these are to gov- ern under the contract Immediately on adoption of the pact Presumption In some Industry quarters Is that Since the negotia- tions on the trade practice agree- ment are collective, there may be an early Industry announcement con- cerning the retroactive, understand- ings as film for 1039-40 Is being sold. One of the clauses of the tentative trade practice draft Is that the agree- ment will become effective with the 1939-40 product Prior to lUtimate adoption of ma- chinery for the self-regulation of trade practices, the same selling as last year, .with certain exceptions such as agreement not to force shorts, elimination of score charges, etc., will continue. However, every exhibitor buying now will know that the contract he signs is subject to the provisions of any trade practice concordat reached, even if it is months from now. Newly-phrased draft similar to (he first has been In the hand; of distributor attorneys for several weeks now and it's likely that there may be some meetings with Abram— F. Myers, general counsel of Allied States Assn., shortly In an effort to get Allied accord on the new word- ing and changes made. Because of the fact that the author- ity of the Allied negotiating commit- tee expired March 1, the procedure now will be the forwarding of pro- posals by Myers, following confer- ences with distributor representa- tives, to his Allied board of directors for their consideration. The fact that AUied's negotiating- committee ceased to function does not mean. Col. H. A. Cole, president, states, that there is no need for fur- ther conversations at this time. The Allied president declares that his or- ganization stands ready at any time to negotiate with those in authority regarding fair trade practices and that it is incorrect to assume Myers would not visit N. Y. to confer with attorneys regarding the shoping of a final draft VARtETY Mcxnitss Wednesday/ March 15, 1939 4 Henses Costing 500G Going Up h St L; Active BniUing NatHy St. Louis, March 14. Although this town Is notorious^ overseated four de luxe nabes. to cost more than $500,000, are being constructed or being readied tor erection and large sums are being expended in redecorating, renovat- Ing other nabes. The largest of the taew booses, a 2,500-seater, Is being built bs a syndicate h^ded by Sam iSchucart, prez of the Schucart Bealty Co. near Clayton and Big Bend roads, just outside of the city limits. This will be a $250,000 proj- ect- The recently formed Riverview Theatre Corp., headed by Nat Kop- lar, general contractor, is contem- plating a 2,000-seater In the northern part of the city at a cost of $90,000. The St Louis Amus. Co. (Fan- ehon '& Marco Interests, here) is readying a 2,500-seater on the site of the present Florissant Cinema Gar- den;, an outdoor theatre, in the northwestern part of the city. The cost of this house is expected to . run between $150,000 and $200,000. Thomas James, owner of the Strand and Douglas, catering to Negro trade, is planning another $100,000 bouse in a Negro district in the cen- ter of town. This house will be a l.OOO-sea'ter. Film row hears that St Louis Amus. plans other new houses while much is Iieing spent in redecorating and remodeling its Union aind Pageant west end nabes that have been shuttered for many months. ' 'The. Amusement Co. has made im' provements in most of its 31 houses that form the chain In the city and St Louis County. New Oblo Honse Shelby, O., March 14. Kemper Theatres, Inc., will build ■ new theatre in nearby Crestline The site already has been acquired Building and equipment will repre- sent an outlay of more than $30,000, with seating accommodations for 550. CenstonVs New One Canton, O., March 14 A $00,000 theatre wiU be erected this summer at North Canton, one of the largest towns in Ohio at pres< ent without a movie theatre for lease to the Inter-State Theatres, Inc., headed by A. G. Constant of Steubenville, O., operators of the Palace here and houses in many other Ohio cities. New Mobile House ' MobUe, Ala., March 14. Alex Gournaris, owner of three theatres, this week secured a permit for construction of a theatre on Ful- ton road. Construction is to start .Immediately and, when completed, will represent a cost of around $35,000. Gournaris is operator of the Roose- velt, Oakdale; Arlington, Arlington, and Rex, Frichard. Griffith's Twe Oklahoma City, March 14. Griffith Amuse. Co.'s new Campus theatre in Stillwater is rapidly near- ing completion. It will be a 500- seat house in modem type architec- ture. Griffith at present operates the Aggie and Mecca theatres in Stillwater. A new 700-seat theatre In Lubbock is being planned by Griffith as soon as certain zoning problems there have been cleared up. New l,SM.Seator Shcker Heights, O., March 14. Max Lefkowlch, head of Com- munity Circuit in Cleveland, will erect a new theatre here. According to present plans, house will have 1,500 seats and will cost approx'mately $350,000, to be com- pleted late this year or early in 1040. House Lessee Asks 150G Chicago, March 14. . Suit for $150,000 damages has been filed by Frank Ford, operator of the .Stadium theatre, Evanston, against Leo Solomon and the Lemar Corp., lessors of the property. In the suit, filed through the Jacobson, Merrick, Nelrman & SU- bert law firm, Solomon is charged with having used unfair and untruth- ful tactics in getting Ford to take over the house. Ford rented the house in 1038 on a 15-year lease, pay- ing $20,000 down and rental of $15,000 for the first three years and $18,000 annually thereafter. 4Sc Nicht's B.O. Minneapolis, March 14. What Is believed to be the lowest gross in the industry's history , was chalked up at the Pine theatre. Pine Island. Minn., near here, during a blizzard and 30 below zero weather when the house's entire takings for the ni^t wiere' 4Sc, representing one adult 35c and one children's 10c admission. Don Anderson, the theatre's owner, would have called off the show except for the fact that the patron had driven 35 miles tiurou^ the storm with his young son just to see the picture, 'Duke of West Point* Indies Fipre To Cash In On Western Vogue Indie producers with definite com- mitments on western features and dependence on' them for hefty rev enue are butwardly expnssing their pleasure over the way glorified west- ems of major companies are regis- tering at the boxoffice. Revival of historical' American screen dishes, such as 'Stagecoach,' Union Pacific,' 'OUahoma Kid,* 'Jesse James,' etc^ is focusing attention oh western out- door fare more than ever before in several seasons. Use of John Wayne in 'Stagecoach' is prompting at least two indepen- dents. Republic and Monogram, to go to town with this player. Mono gram Is dusting ofl a series of eight westerns In which John Wayne starred for the old Mono production outfit They are set for the 1930-40 program, and' doubtlessly will be rushed out as soon as prints are available.. Republi.c has 'Wayne tied up for a series of ll2^(iuiter& TnDtier'itcad^ L Hollywood, March 14. "The Real Glory,' nee The Last Frontier,' is slated to roll AprU 10, m^lfk^Ilg two pictures shooting at the same time on Samuel Goldwyn's United Artists schedule. The other Is the Jascha Heifetz starrer. The Restless Age,' which resumes production this week. Parl%uisExfra Revene Fiom Cartoon S»iorts A new department is being organ- ized by Paramount under Lou Dia- mond, who heads shorts and music, for the commercial licensing of prod- ucts based on cartoon characters de- veloped by Max Fleischer, producer of "Betty doop,' 'Popeye,' and Color Classics shorts. Fleischer now is also making his first feature-length in color. The department will be headed for Diamond by Harry L. Rbyster, long a Paramount theatre department executive, who returned last week from Miami after conferring with Fleischer on plans for the new diyi- slon of activity. Formerly a district manager for P^, during the past two years Royster has been in charge of commercial film in the company's theatres. Latter has now been de- veloped to the point where it will all in future clear directly through Par's own partners in the field. The licensing of commercials on cartoon . characters, developed to a, fine point by Kay Kamen for Walt Disney, with revenue on this by- product alone running into very high figures, will for Par include various characters from 'GuUiver'S' Travels,' plus 'Betty Boop.' The Pop- eye commercial licensing rights are retained by King Feattires Syndicate under the deal made when Fleischer obtained the character for cartoon shorts. COrS PROFITS OFF $416,000^1N 6 HOS. Columbia Pictures this week re- ported that its net profit for the slx- miobth period ending Dec 31 last, declined about $416,000, compared with the similar six months of the preceding year. Total net for the first half of Columbia's fiscal year was $34,596, as against $451,061 in the six months ended Dec. 25, 1937. Gross income for the company on tlie six months amounted to $10,- 379,858, with the earned surplus, as of Dec. 31 last, totalling $3,884,320. Columbia's baliance sheet showed current assets of $12,656,898 and cur- rent liabilities of $1,610,131. Work- ing capital was placed at about $11,- 000,000. HfyV New Lens Crew Hollywood, March 14. Ernest HaUer and his assistant, Arthur Arling, replaced Lee Garmes and his assistant, Roy Clark, behind the camera on 'Gone With the Wind' at Selznick-International. Switch was due to problems in handling new speed Technicolor fihn. Haller is said to be more familiar with color, having made the first extensive tests of the present proc- ess. Ray Renahan remains on the picture as Technicolor cameraman. Dnkoff to Coast Perma Processing Corp., which deals in waterproofing and moth- processihg of studio wardrobes, has appointed Ed Dukoil director of pub- lic relations. Perma was formed re- cently in New York. DukofI leaves for the Coast within 10 days to try to sell studios. Stunt has a tieup with the Hanover Fire Insurance Co. REPFALLSDITO 'A' PK PARADE Hollywood, March 14. Soft pedal on low-priced pictures and $1,000,000 added to the produc- tion cost of high-budget films is the plan announced by Herbert J. Yates, chairman of- the board at Republic. After eyeing rough cut of "Man of Conquest,' Republic's most costly pic- ture, Yates decided to abandon the Showmen's Group of low-bracket 'films and concentrate on A produc- tions. • Program for 1930-40 Is cut from 59 to 54 films. It Includes four Anni- versary Specials, at $750,000 each; six De Luxe Jubilee Specials; 16 Jubilee productions, eight Gene Autry west- erns, eight Roy Rogers, eight Mes- quiteers aiid four serials.. Steplieiis' Doc' Trio Hollywood, March 14, William Stephens moved Into the General Service studio to produce three 'Dr. Christian' features for BKO release. First is slated to roll early in June. Jean Hersholt, star of the radio series similarly titled, gets the top role in the films. Hearinir on FVench Fix Reorg Plan March 30 Hearing on the proposed plan of reorganization of the French Motion Picture Corp. was set for March 30 by Federal Judge Waiiam Bondy in New York Thursday (9). The plan was proposed by . the company's president, John S. Taper- nou, and proposes to pay creditors 15% in full settlement of claims. WE Votes Dividend Western Electric directors yester- day (Tuesday) voted a 25c cash divi- dend on its common stock, It is payable .>ri:rch 31 to stock on record Mar 'li Hie Siltinlf Contest Bt BiU Hallicu A band I never heard of was opening that night and Fitz wanted to ic« how good they were. Fltz was an agent, so we went over to GH 3bag'B Rendezvous to pass judgment It was during prohibition and I took .a quart of 'Vat 250 along as a. precautionary measure. .We tat aroimd for an hour or co punching the bag and sucking-on the Scotch and than tha band oame out .and started to play. It was George Olsen'a aggregatloa and they 'were 'fine. Fitz liked them. I went into the washroom and met Ring Lardner coming out 'Hello.* he said. 'Hcsllo,' 1 said. Tm with -Percy Haughton, the coach at Harvard but he's going home; How's about my joining you?' 'If you like Scotcll you're welcome,' I said, and he went out, Olsen's band played -some more and then Lardner came over and I in. troduced him to Fltz. We had a drink. "This Is mighty fine Scotch,' Ring said. 'W^ I have plenty of it' I told him. 'If you like I'll give you a bottle.' After -a while everybody, went home and Olsen came over and ' sat at our table. His piano player came over, too, and then he got up and when he came back he was pushing one of those baby pianos over to the table. He played an hour for us and then we ran out of Scotch. 'Come on over to the Friars,' I said, 'and I will get some more.' It -was thre« o'clock and when we got to the Friars grill room it was empty. I went upstairs and got two quarts and woke up Walter Donaldson. I showed him the booze .and he got up. 'Come on downstairs, I want you to meet a feUow,' I said. We went back in the comer where the piano was and Donaldson started to play some new songs. I(>n. getting okay newspaper brc.ilc<; for 'Stagecoach.' BIG CO^ CAMPAIGN mm um m St Louis, March 14. Because 'Made for Each Other' is a type picture that suggests commer- cial tieups, manager Chick Evans, p.a. Jimmy Harris and Berriie Evans, UA exploiteer, mapped out a co- operation campaign to attract cus- tomers to Loew's. The first tieup they made was with the A & P gro- cery store chain and through it dis- tributed 80,000 circulars to homes in the West End district the coSt of distribution being on a SO-SO basis and, the printing expense being borne by the grocery company. The next move was the distribution of 10,000 special heralds attached to each of which was a safety pin and copy suggesting, 'Pin this to your calen- dar so you won't miss seeing 'Made for Each Other' at Loew's.' Among several nice corop ads, the best was with the Pevely Dairy Co. for a half -page in all three daily newspapers, in which a half-tone photo of Carole Lombard shared equal space with the dairy company's health building copy. Another nice tieup was with the distributors of Kellogg Corn Flakes, 50 .trucks here and in East St Louis carylng copy. Theatre paid for three days' use of giant Greyhound bus that meandered all over the burg with 24's plastered on each side. Five hundred special window cards also were planted in strategic ^ots. Dodge City Preparing GhmoroHS Reception For WB Fdm Premiere Dodge City, March 14. This town, which once thrilled to the exploits at Wild BiU Hickok and Bat Masterson, is getting ready for an invasion of film celebrities on April 1 in connection with the world's premiere of 'Dodge City,' a new Warner film which has been booked for simultaneous exhibition in the three theatres on Main street Festivities for visitors are befaig planned for two days. A crowd of 10,000 is expected from the sur- rounding country. - Heretofore, the closest that local inhabitants have been to Holly- wood's glamour is during the mo- ments when tbe film greats and near-'greats have stepped off the Santa Fe -trains and switched their watches from mountain to central time. No less than 50 stars, execu- tives and newspaper writers are ex- pected to . attend tha flUn premiere. The Chamber of Commerce is spread- ing the news and, when proof is de- manded, a telegrajn from Charles Einfeld, advertising chief of the film company, is shown as sure evidence that the party is on. 'Fwo special trains will carry guests to Dodge City, one leaving Hollywood the morning of March 31, the other departing fro..i Chl- c. go with the New York and eastern contingent aboard. Among the. visitors will be Jack Warner. Hal Wallis, Grad Sears, Charles Einfeld, Mort Blumenstock, Bob TCtpUnger and Mitchell Rawson, from the executive staff of the com- pany. Players who will be here in- clude Erroll Flynn, Olivia de Havll- land, PrlscUla Lane, Marlene Diet- rich, Aim Sheridan, Bruce Cabot Anita Louise, Margaret Lindsay, 'Victor Jory, George Brent James Cagney, Jane Wyman, Rosemary Lanei Gale Paige, Glenda Farrell, Leo Carrillo, (^rge Bancroft Claire Windsor, Dorothy MacKaill, Rich- ard Dix and Hugh Herbert. Others are expected. Whole town will be given over to the premiere celAration, and invi- tations have been extr.nded to state officials and a few national figures Residents are planning to wear f ron« tier costumes, and stores and dwell- ings will be decorated in keeping with the atmosphere of pioneer days. PAST AND PRESENT UP. nUfliS AT N. Y. FAIR Coincident with national release of Cecil B. deMille's 'Union Pacific' set by Paramount for April 28, the company is getting behind a 'Union Pacific' day at the N. Y. World's Fair early in May. Arangements are be- ing set on that now. The U. P. railroad is bringing east from Omaha for exploitation on the way and exhibition at the fair a train which will include the latest streamlined cars, plus a train of cars of the vintage of 50 years ago. The two types of equipment will be hooked into one and make numerous stops on the way east as well as on the return west to Chicago. Train leaves Chicago April 30, and will take a -different route on the return than taken east Modernize Land Rush Gag for Cagney's lid' Oklahoma City, March 14. In both this community and nearby Tulsa, Irving Rubeine and Allan Glenn of Warner Bros.' publicity staff, with Jimmy Birge of Standard here, and J. C. Hunter of Talbot the- atres in Tulsa, worked up good pro- motion stunts on joint world pre- mieres of The Oklahoma Kid' (WB). Locally Birge and Rubeine lined up everything from parades and ro- deos to a governor's reception for Humphrey Bogart and Rosemary Lane, co-featured in the fibn. Head- lined was a barbecue party with western rodeo acts, display of equip- ment gathered from all over the state for a parade which followed, to which oldtime guests were invited by a cowboy on horseback deliver- ing a proclamation which declared a modern land rush. Wednesday, March 15, 1939 PICTURE GROSSES VARIETY 9 Honest Man'-Rhodes Fine $22,000, Danghter'-Vaade Lower Case 27G, Ciu Otherwke Fair; Scarce Chicago, March 14. Week got aWay satisfactorily, but fiaturdflv brought a discouraging downpour that killed off plent/ of aetlon for the downtowners. After a little trouble with the censor board that was finally straightened out •Yes. My Darling Daughter" is headed for what appears no better than 127 000 at the Chicago, where things bayen't been too perky during the past few weeks. . , ^ ■ Dif Acuity of most of the downtown houses'here has been the inablUty to eet pictures to hold up. They start out with a good pace, but then pister out after a few days. Houses like the XTnited Artists and Roosevelt vsei to four and six weeks with their pictures, but now one or two. sessions are the rule, with the one- weekers more in evidence than the fortnight kind. That is why 'Pyg- malion,' now in its fifth week in the Apollo, is the talk of the Chicago trade, and 'Gunga Din' a marvel for turning in a four-weeker at the Pal- ace. After a nice .first week, indications are that 'Huck Finn' will call it a run after the current session. 'Stage- coach,' which started out fine in the Boosevelt, bowed after the second week. Estimates for Thls^eek Apollo (B&K) (1,200; 35-55-75)— •Pygmalion' (M-G) (5th wk.). Has been a' great box-office item in Chi- cago, and is heading for excellent S6,000 iafter smash $7,200 last week. Chicago (B&K) (4.000; 35-55-75)— 'Darling Daughter' (WB) and stage show. After national publicity on censor difficulties, film looks for a take that will be disappointing at $27,000. Last week, 'C;afe Society' (Par) failed to excite much trade at $25,300. Garriok (B&K) (900; 35-55-65)— jCafe Society' (Par). Moved here from the Chicago, but not causing muQh s.tir at $4,000. Last week, 'Mus- keteers' (20th), okay $6,500. Oriental (Jones) (3,200; 25-40) — "Love from Stranger' (RKO) and 'I Am Convict' (WB),-plui vaude. Pair $13,500. Last week, 'Woman Again' (061) and 'Next Time Marry' (RKO), okay $14,900. PaUce (HKO) (2.500; 35-55-75)— •Honest Man* (U) and vaude, with Doris Rhodes. House again comes through with a good box-office mark io very satisfying $22,000. Holds Over. Last week, "Wharf (RKO) and vaude, good enough $16,500. Roosevelt (B&K) (1,500; 35-55-65- 75)— 'Wings Navy' (WB). Came in on Saturday (11), preceded by big ad space in the Hearst sheets. Fair pace despite rain, and looks for $13,000 on the session. Last week, 'Stagecoach' (UA) finished good two-weeker with $11,000, okay. ^ State-Lake (B&K). (2,700; 25-40)— •Offl Record' (WB) and vaude. Will manage $13,500, all right Last week, •New York Sleeps' (20th). $13,700. United Artists (B&K-UA) (1,700; 35-55-65-75)— 'Huck Finn' (M-G) (2d wk.). Slipping to $11,000 after cUck $16,200 during the initial stanza 'Kach Other' (UA) next. UUGHTON AT NIFTY IN MILWAUKEE Milwaukee, March 14. Top grosser this stanza is the ■Beachcomber' at the Palace, which is making up for several weeks of below average biz at that house. If ■ summery weather lasts out the week, all downtowners are In line for a general upturn in biz. ,_Yes, My Darling Daughter,' after 10 days at the Warner, shifted to the Strand for a final week and is doing favorably, while the Wisconsin is J>.sg. with 'Wife, Husband, Friend*. Critics judged It too arty and cus- tomers are staying away. .Estimates for This Week .J-'Wle (Indie) (1,050; 35-50)— 'Scar- i«t„Punpernel' (UA). Sighting poor $3,000. Last week, 'Old Drury' (GB), n)Ud $3,300. B^?*"?"* (Fox-Wisconsin) (2,400; 35- 50)r-;'Beachcomber' (Par) and 'Boy Trouble' (Par). British film is grab- fc'JS returns and will hit nifty ffl.200. Last week, 'Cafe Society' »:f£2 ^1"* Tom Sawyer' (Par), $8,500, okay. Uverslde (Indie) (2,80P: 25-30-35) —Pirates Skies' (U) and Happy Fel- lons orch on stage. Combo insures good $10,500. Last week, 'Homicide Bureau' (Col) and vaude, $9,000, fair, Strand (Fox-Wisconsin) (900; 35- M) — 'Darling Daughter' (WB) and King Underworld" (WB). Getting fxceUent $6,300. Last week. 'Pygma- 7S5Lys to big $10,400. Wueonsin (Fox-Wisconsui) (2,800; 35-50)— 'Wife, Husband' (20th) and 'Ambush' (Par). Only so-so $8,700. Last week. 'Freedom Ring* (M-G) and Tlirting Fate' (M-G), profitable $9,000. 'DAUGHTER' U SETS PAGE, DETROIT Detroit, March 14. Bally stemming from N, . Y. cen- sorship of 'Yes, My Darling Daugh- ter,' and Detroit's subsequent okay- ing of it is giving film a boost for its initial showing here at the Michigan. Will lead town without much trouble, coupled with 'Let Us Live,' despite return of slippery weather. Estimates for This Week Adams (Balaban) (1,700; 30-40)— 'Charlie Chan' (20th) and "Arizona Wildcat' (20th). Good $5,300. Last week 'Gunga Diii* (RKO) (2d wk) (2d run), coupled with 'Peck's Bad Boy' (RKO), okay $4,400 foUowing great $9,800 first stanza, after two big sessions at Fox. , Fox (Fox-Michigan) (5,000; 30-40- 65)— 'Wife, Husband' (20th) plus stage show. Poor $12,000. Last week 'Honest Man' (U) and vaude, good $23,000. Michigan (United Detroit) (4.000; 30-40-65)— 'Darling Daughter' (WB) and 'Let Us Live' (Col). Censorship bally hypoing to okay $15,000. Last week 'Cafe Society' (Par) and 'Boy Trouble' (Par ). fair $12,500. Palms - State (United Detroit) (3.000; 30-40-50)— 'Stegecoach' (UA) (2d run) and 'Torchy Blane China- town' (WB). Former film moved here from United Artists. Good $9,000. Last week 'Wings Navy' (WB) (2d run) and 'Prison Without Bars' (UA), fair $5,500. United Artists (United Detroit) (2.000; 30-40-65) — 'Freedom Ring* (M-G). Bad at $8,000. Last we& 'Stagecoach' (UA), $10,000. 'Danghter'-Vaode 9iG, 'Each Olher'-lel liye' $8,000, Indpls. Steady Indianapolis. March 14, Grosses are steady without being exceptionally strong In any particu- lar instance. 'Made for Each Other' and 'Let Us Live' on a dual at Loew's is registering a tidy profit, while 'Little Princess' and 'Everybody's Baby' are proving similarly satisfac- tory as a twin bill at the Indiana. Aided by talk of New York's cen^ sorship tangles. 'Yes. My Darling Daughter' is pulling along a vaude program at the Lyric to an okay take. 'Spirit of (Culver.' exploited along local lines due to location scenes in the film, is faring mildly at the Circle on a double bill with 'So- ciety Smugglers.' Estimates for This Week Apollo (Katz-DoIIe) (1.100; 25-30- 40)— 'Wharf (RKO) and '12 Hours' (RKO). One of the lowest first run .grosses this house has had at $1,200. Last week 'Happened One Night' (Col) and 'Mr. Deeds' (Col) (re- vivals), lightweight $2,200. Circle (Katz-DoUe) (2,600; 25-30 40)— 'Culver' (U) and 'Society Smug- glers' (U). Former pic given special premiere locally with visiting dele- gations from Culver military acad- emy near here as guests. Results tepid at $5,000. Last week. 'Wife. Husband' (20th) and 'Inside Story' (20th). fairly good $6,100. eight days. Indiana (Katz-Dolle) (3.100: 25-30- 40)— 'LitUe Princess' (20th) and 'Everybody's Baby' (20th). At $6,700. okay. Last week, 'Cafe Society' (Par) and 'Boy Trouble' (Par), mild $4,500. Loew's (Loew's) (2.400; 25-30-40)— 'Each Other' (UA) and 'Let Live' (Col). Clicking neatly at $8,000. Last week. Tooner' (UA) and 'Dra- matic School' (M-G). good $7,100. Lyric (Olson) (1,900; 25-30-40)— 'Darling Daughter' (WB) and vaude with Nick Lucas. Pic given hulk of credit for a good $9,500. due to news- paper stories of New York's censor- shin. Last week. 'Secret Service' (WB) and Benny (joodman band. $15,700. exceUent. ^■"^ ,fe*'c!5S^y Rain, Snow Swamp B way B.O.s; Week of Hareh 16 Astor — 'Pygmalion' (M-G) (15th wk). Capita— Ice FoUies of 1939* (M-G). ■ (Revletoed in VAioEir, March 8) Criterion — "Fast and Loose* (M-G) (2d wk): Glebe — 'Blackwell's Island' (WB) (3d wk). Mnsie Hall — 'Love Affair* (RKO). (Reviewed In Current Issue) Paramonnt — 'King of China- town* (Par) (15). BlvoU — "Three Smart Girls Grow Up" (U) (17). Boxy— 'Little Princess' (20th) (2d wk). * Strand— 'Oklahoma Kid" (WB) (2d wk). Week of March 23 . Astor — 'Pygmalion' (M-G) (16th wk). Capitol — 'Ice Follies of 1939' (M-G) (2d wk). Globe — 'Blackwell's Island' (WB) (4th wk). Music Hall — "The Castles' (RKO) (23). Paramonnt — 'I'm from l^is- aouri' (Par) (22). Blslto — . 'Risky Business' ' (U) (22). BIvoU — "Three Smart. Girls Grow Up" (U) (2d wk). Boxy— Hound of BaskerviUes" (20). Strand— "You Can"t Get Away with Murder. (WB) (24). TEMPLE $7,500, mVER' NG, Pin Pittsburgh, March 14. Several pix are handing in husky grosses, Shirley Temple swinging back into b. o. high again hi "Little Princess" at Fulton and getaway pres- ages run that should carry house right into Easter Week and "East Side of Heaven.' At Stanley, Benny Goodman is giv- ing 'Fast and Loose' neat hitch but against bad week-end weather break will have to' hustle to pass Artie Shaw's figure of previous session. 'Honolulu' swinging the Penn well into the black and should finish house well above danger mark. Major disappointment is 'Spirit of Culver' at Alvin with Cooper-Bartholomew starrer doing way below average. Estimates for This Week AlvIn (Harris) (1.850; 25-35-50)-^ 'Culver' (U). Management and ex- change worked out a good enough campaign, tying in with military or- ganizations and school alumni, but nobody's bujnng. Will be lucky to get $4,800 and that's in the doghouse. Last veek. 'Wife. Husband' (20th), pretty good $7,000 in eight days. FBlton (Shea-Hyde) (1,750; 25-40) —'Little Princess' (20th). Kid trade jamming the mats, and also getting strong night attention. Headed for around $7,500. plenty good here and indicates run that should easily ex- tend to three weeks. Last week. 'Honest Man" (U) got three days in third week and drew $2,500 for ab- breviated session, giving film better than $15,000 in 17 days. big. Penn (Loew's-UA) (3.300; 25-35-50) —'Honolulu' (M-G). Should have no trouble hitting $14,000. and that's satisfactory, and more, here at pres- ent. Last week. 'Darlinc Daughter' (WB) only so-so at $11,800. Senator (Harris) (1.800; 25-40)— 'Can't Take It' (Col) (reissue) and "Ferdinand' (RKO). House has been strapped for product lately and push- ing out as many reissues as possible. Present combo has an .edge followint! Academy awards, and may connect for $2,000. fair. Last week, 'Imita- tion of Life' (U) and 'Lloyds of Lon- don' (20th) yanked after three days, with 'Woman Doctor' (Ren) .and 'Mystery Plane' (Mono) eetting tho other four. Under $1,500 for both sets on the .seven da.ys. Stanley (WB) (3.600: 25-40-60)— 'Fast and Loose' (M-G) and Benny Goodman band. Same story with swing outfits here. Bie aftermon biz, and then just fair at night Mat trade, however, still big enough to account for $21,000. Last week. 'Paris Honfivmoon' (Par) and Artie Shaw. $23,800. Warner (WB) (2,000; 25-40)— 'Four Girls' (M-G) and 'Persons Hidinn' (Par). At $3,800. n.s.g. Last week. "Gunga Din' (RKO). on h. o. from Penn, good $6,000. Cagney-Osbome Nic&36G, Temple OK 45G, but 'Freedom' Sad lSG Rain, and snow over the weekend did the Broadway theatres no good, but hadn't the weather been what it was, it's doubtful just how much good most of the attractions would -be doing at the boxoffice anyway. Allowing, for the normal drop when snow files or rain falls, the dip this week is still too severe generally. •Oklahoma Kid.' brought into the Strand Friday (10) when Will Os- borne anid Sheila Barrett started on their holdover, is bucking things rather sturdily at $36,000, or a bit over, while 'Little Princess,' at the Roxy, is doing enough at $45,000 to warrant a holdover. Irving Ijcsser, who operates the Roxy. is encour- aged by the fact that the Temple picture is getting night business. A stronger stage show with the Cagney picture at the Strand would no doubt have helped there. Holdover of Os- bprne and Miss Barrett leaves most of the burden of draw on Cagney, good in view of the circumstances. 'Oklahoma Kid' will hold a second week, the Osbome-BarreU show re maining a third. Paramount is changing pictures today in the middle of the Chick Webb-Ella Fitzgerald sUge show, in for two weeks. House threw out Never Say Die' last night Tuesday, and today substitutes 'King of China- town.' A gross of $32,500 with 'Die' is credited largely to Webb and Miss Fitzgerald. "This is a little profit With the nut down oij the second week of the stage show, plus the new picture, there is a chance the house may pick up momentum on the holdover of Webb and Miss Fitz- gerald. New acts of Chuck and Chuckles and Jigsaw Jackson are (Wednesday y*** the pit show today 'Stagecoach'.' which got $83,000 last week, Its first wiU be about $64,000 on the holdover, a small profit and house opens 'Love Affair* tomorrow (Thursday). Away down in receipts are the Capitol and Rivoli. Former with Let Freedom Ring' doesn't look as much as $18,000. while the Rivoli. with 'Spirit of Culver.' in spite of a food ad campaign put on by John bright, is under $10,000 on the week. Culver is being retained two days more, however, in order thqt Friday .iP "^^^ openhig day for 'Three Smart Girls Grow Tip." Brighter spots are the Globe, on second week of "Blackwell"s Island,' and the Criterion with "Fast and Loose.' "Blackwell's' soared to $19,- 500 last week (1st) and is holding up stoutly for a possible $12,000." It goes a third. 'Fast and Loose' Is staying a second week at the Cri- terion on the strength of $10,000 the first seven days. , Rialto's 'Saint Strikes Back' ended its week last night (Tuesday) at $7,000, oke. and is being replaced to- day (Wednesday) by two re-issues. 'SUr at Midnight' and 'Lost Patrol.* The second-run State is in sad shape at what appears $13,500 tops with 'Topper Takes Trip' and Kitty Carlisle. This represents conslder- aole red for the house. Estimates for This Week Astor (1.012; 25-40-55-65) — 'Pyg- malion' (M-G) (14th wk). Still good, possibly $10,000 this week. The prior sUnza (13th). $11,000. Capitol (4,520; 25-35-55-85-$1.25) — 'Let Freedom Ring' (M-G). No ac- tion from this one, indications point- ing to no more than $18,000. 'I,ast week. 'Huckleberry Finn' (M-G), also a severe disappointer, under $17,000. Criterion (1,662; 25-40-55) — 'Fast and Loose' (M-G). Doing over aver- age here at likely $10,000 and is holding over. Last week, 'Persons in Hiding' (Par). $6,500, not so good. Globe (1,274; 25-40-55) — "Black- well's Island' (WB) (2d wk). Re- mains solid at probable $12,000 this week and stays third. Last week, the house packed 'em to the rafters to come out with $19,500. new high under grind policy In effect here around five years. Warner Bros, may be encouraged, to supply Harry Brandt with better product after see- ing what this picture is doing here. Palace (1.700; 25-35-55) — 'You Can't Cheat Honest Man' (U) (2d run) and 'Grand Illusion' (World) (2d run), doubled. Open here today (Wed.). Tail Spin' (20th) (2d run) and 'Everybody's Baby' (20th) (1st run), on six days, $6,800, mild. 'Gunga Din' (RKO) (2d run) on nine days g6t'$10,500. Paramount (3.664; 25-35-55-85-09) —'King of Chinatown' (Par). Opens here today (Wed.), while Chick Webb and Ella Fitzgeralc!. with new acts added to the pit show, begin a second (final) week. 'Never Say Die' (Par) and first seven dayis of Webb and Miss Fitzgerald, ending last night (Tues.). $32,500. a small profit. Picture was changed in order to protect the holdover of the stage show, The second week of 'Cafe So- ciety' and Hal Kemp-Tony Martin combination was $35,000, good. Badto Olty Mosle HaU (5.980; 40- 60-84-99-i$1.65) — 'Stagecoach' (UA) and stage show (2d-final wk). Gets by at $64,000 on the holdover, after pulling out $83,000 the first week, good for Lent and in view of fact this isn't a woman's, picture. 'Love Affair' (RKO) opens tomorrow (Thurs.). Blalto (750; ■ 25-40-55) — 'Saint Strikes Back' (RKO). Reissues of 'Star at Midnight' (RKO) and 'Lost Patrol' (RKO) today (Wed:) replaces this one after getting $7,000 on week ending last night (Tuies.). In ahead, 'Secret Service of Air* (WB), got $5,800, not so forte. Bivoll (2,092; 25-55-75-85-99) — "Spirit of Culver' (U). Finished ift first week last nifht (Tues.) at under $10,000, very disappointing, but is being carried two additional iays, with 'Three Smart Girls Grow u.i' (U) due Friday (17). Final four days on third week of 'Can't Cheat Honest Man' (U) was $5,000. mUd. Roxy (5,836; 25-40-55-75 ) — 'Little Princess' (20th) and stage show. Set'' ting nothing on fire, but doing all right at $45,000 and wUl be held a second week. The holdover of "Wife, Husband and Friend' (20th) slipped to $28,800. at which house just skinned through. State (3,450; 35-55-75) — "Topper Takes Trip' (UA) (2d run) and vaudeville topped by Kitty Carlisle. House is reaching for the aspirin this week, with the gross looking only about $13,500. red. Biz this nooth very rare here. Last week. 'Shining Hour' (M-G) (2d run) and MUton . Berle. $23,000, good. Strand (2.767; 2S-40-5S-75-85-99)— 'Oklahoma Kid' (WB) (1st wk) and Will Osborne, plus Sheila Barrett and others (2d wk). Cagney credited with , vast majority of the business, good at $36,000 or better, but it'd be more with better support from the stage. Picture holds as does Os- borne and Miss Barrett Last week, first for this stage bill and second for "Yes, My Darling Daughtei* .(WB), on six days, $22,500, good. 'Hues' Dnal Daughter' Sl^t $5,500, Omaha Off Omaha, March 14. Grosses feeling the affects of damp and sloppy weather with flu' and colds eating into receipts. Even "Yes, My Darling Daughter,' backed by a week of front page splurges as a result of censorship difficulties, is hitting below expec- tations at the Brandeis with a $5,500. The film is single featured which might explain the drop somewhat although all big blows at house have been singled in recent months. 'St. Louis Blues' dualed with 'Devil's Island' is setting the pace at the city's biggest house, the Or- pheum, with $8,500. "Let Freedom Ring' IS clanging a good $7^500 at the Omaha with "Four Girls in White' as the second. ' Estimates for This Week Avenae - Dundee - Military (Gold- berg) (950-810-650; 10-25)— "Sweet- hearts' (M-G) and 'Heart of North' (WB), dual, split with 'Dramatic School' (M-G) and 'Pacific Liner" (RKO). Fine $2,500. Last week, "Artists and Models' (Par) and 'Go- ing Places' (WB). dual, split with 'Say French* (Par), 'Storm' (U). and 'King Alcatraz' (Par), tripler, $2,000, fair. Brandeis (Singer-RKO) (1.250; 10- 25-35-40)— 'Darling Daughter' (WB>. Okay $5,500 but not uo to expecta- tions. Last week. 'Blondie' (Col) and 'Let Live' (Col), $5,000. Omaha (Blank) (2,200; 10-25-40)— . 'Freedom Ring' (M-G) and 'Four Girls' (M-G). Pleasing $7,500. Last week. Trade Winds' (UA) and 'Girl Downstairs' (M-G) $7,000, nice. Orpheam (Blank) (3.000; 10-25-40) —'St Louis Blues' (Par) and 'Devil's Island' (WB). Good $8,500. Last week. 'Duke West Point' (UA) and Jan Garber. smash $18,000. Town (Goldberg) (1,250; 10-20-25) —'Lone Star Pioneers' (Col), 'Sharp, shooters' (20th). and 'Stand Accused' (Rep).' tripler, all first runs, split with "Sundown Prairie' (Mon), 'Heart North" (WB). and 'Say French' (Par), tripler. Fair $1,600. Last week, 'Sunset Trail' (Par), first run, 'Dawn Patrol' (WB), and 'Con- vict's Code' (Mon), first run,- tripler, split with 'Prairie Justice' (U). first run, 'Artists and Models' (Par), and 'Going Places' (WB). tripler, $1,800. good. 10 VARIETY PICTURE GROSSES ITednesdayt March 15, 1939 Daughter -Kyser. $40,000. Record Oeve. Draw Despite Conventioiis ' Cleveland, March 14. Not . only is the national bowling convention pulling theatregoers into Lakeside Hall, but Arena Is hurting more with its 'Silver Skates Carni- val,' a charity stunt sponsored by the Press, which lured another 10,- 000 last Friday. For a third head- ache. Gene and Glenn, local radio faves, are giiest-starring in annual Food Show, tiatter event is cutting into lemme trad^ drastically, catch- ing 12,000 on opening and promising a new record. Even against all this competlsh Kay Kyser and 'Yes,. My Darling Daughter' are steaming to a red-hot $40,000. Combo drained every other house of its cream over the week- end and is on its way toward nearly doubling the gross of rival houses. 'Cafe Society' in State next door is getting overflow from Palace, but woivt have anythi:ig more than its nose above the water. 'Beach- comber' is in the same boat at Hipp and, despite raves, will have trouble In keeping up with State. . Estimates for This Week Alhambri (Printz) (1,200; 10-20- 35)— 'Risky Business' (U) and 'Prof. Mamlock' (Indie). Anti-Nazi film is getting phenomenal reaction .from polyglot nabe to $4>000, swell. tAst week, 'Homicide Bureau' (Col) and 'Gambling Ship' (U) satisfactory, $1,700. Allen (RKO) (3,000; 30-35-42-55)— 'Spirit of Culyer' (U). OriginaUy set for Palace, but shifted here with short build-up. Good $4,000 indi- cated. Last week, 'Gunga Din' (RKO), nice $3,000 on third session. Hipp (Warner) (3,700; 30-35-42-55) — 'Beachcomber' (Par). Getting the class play as result of week's best jDotices, but not hefty enough for more than ^$12,000. Last week, •Wings Navy' (WB), $8,000. bad. Palace (RKO) (3,200; 30-35-42-55) —•Darling Daughter' (WB) plus Kay Kyser's band. It's Kyser's first vaude appearance here, and with six-per- day. he's shooting past Benny Good- man's record and the Mae West mark. Terrific $40,000 sighted. Last week, 'Great Man' (RKO) and Eddy Duchin's band, smart $18,000. State (Loew's) (3,450; 30-35-42-55) ~-'Caie Society' (Par). Ordinary $12,000. Last week. 'Stagecoach' (UA), $16,000, fine. SttllDiaii (Loew's) (1,072; 30-35-42- 55)— 'Stagecoach' (UA) on shift-over from the State. Doing better here, comparatively, with- $7,500. Last week, 'Fast and -Loose' (Par), pleas- ant $5,000. Tyg* {ISMTempie 8iG, but BaltiiDore's B.O. Weak at Nigbt Baltimore, March 14. Smart handling of Tygmalion' at Loew's Century, sending that house into commanding lead after reserved seat opening Wednesday (8) night Rest of deUixers going along un- eventfully with "Little Princess,' at the New, holding a strong daytime pace. Keith's rushed In 'Blackwells- Island' yesterday (Monday) after six days of tepid takings for 'Spirit of Culver.' AU downtowners still cry- ing the night time blues. Estimates for This Week Century (Loew's-UA) (3,000; 15- 25-40)— 'PygmaUon' (M-G). Special openmg and . adroit exploitation riling up towii*s leading gross of 15,000, best here In moons. Last week, 'Each, Othei:' (UA) $10,800, flne. Hippodrome (Rappaport) (2,260; 15-26-35-40-55-66) — 'Blondie' (Col) £1js vaude. Just fair at $11,000: ast week, 'Beauty for Asking* (RKO) behind strong vaude lineup headed by Vincent Lopez, Patricia ElUs and Abbott and Costello, breezed In with satisfying $14,400. Keith's (Schanberger) (2,460; 15- 25-36-40)— 'Blackwells Island' (WB). Opened yesterday (Monday) after BIX days of mild reaction to 'Spirit of Culver' (U) at $3,300. New (Mechanic) (1,558; 15-25-35- B5)— 'Little Princess' (20th). Main- taining healthy daytime momentum toward $8,500. Last week, second of 'Wife. Husband' (20th), added fair $4,900 to okay opening, $7,400. Stanley (\*B) (3,280; 15-25-35-40- 55)— 'Darling Daughter' (WB) (2d Y'^L 1" steady fashion to $6,500 after strong Initial take of $9,800. Broadway Grosses Estimated Total Gross This Week $264,8M (Based on 12 theatres) Total Gross Same Week Last Tear $28«,2«* (Based on 12 theatres) TEMPLE $12,500 IN2K.CSP0TS SEOCEEB HULL Hollywood, March 14. 'Miracles for Sale' is the first of a series of mystery shockers to be di- rected by Tod Browning at Metro, featuring Henry Hull. Shooting starts Monday (20), with , Joe Cohn producing. Kansas City, March 14. Rash of double bills has broken out this week, although tendency has been away from such policy. Newman and Esquire, both habitual- ly using single films, currently show- ing duals and with only mild re- sults. Orpheum with a holdover of "Dar- ling Daughter' and Uptown with new Temple release are the only single houses among first runs. Mid- land and Tower are set up on doubles as regular policy. . 'Little Princess' at Uptown and at Tower giving good account of itself as is 'Huck Finn' at Midland. Vogue, foreign film outlet, moved In 'Tales of Vienna Woods' Friday to replace 'Grand Illusion,' which was expected to hold out for several^ weelis, but wound up with less than three-week run. New film here and flock of double bills makes nine new pieces of product along theatre row, tops in numbers during p$st several years. Rain Friday and Saturday broke into week-end takes. Estimates for This Week Esqaire (Fox Midwest) (820; 10- 25-40) — 'Down in Arkai^w' (Rep) and 'Inside Story' (20th). First dual since house was made deluxe outlet last fall. Biz mediocre at $3,000. Last week 'Honest Man' (U) (2d wk) fair, $3,300, Midland (Loew's) (3,573; 10-25-40) —'Huck Finn' (M-G) and 'Whisper- ing Enemies' (Col). Pulling very well at $11,500. Last week 'Each Other* (UA) and 'North of Shang- hai' (Col) $10,000, good enough, though not buxom. Newman (Paramount) (1,900; 10- 25-40)— 'Devil's Island' (WB) and 'Oil Record' (WB). First double bill here in several months. Mild $5,500. Last week, 'Cafe Society' (Par) In a likable groove at $6,500. Orphenm (RKO) (1,500; 10-25-40) -'Darling Daughter' (WB) (2d wk). Good $4,500 following opening week's $7,500. Tower (Fox' Midwest) (2,050; 10- 25-40)— 'Little Prhicess' (20th) and 'Fighting Thoroughbreds' (Rep). Good $8,500. Last week 'Wife, Hus- band' (20th) and' 'Gambling Ship' (U) nice $7,000. Uptown (Fox Midwest) (1,200; 10- 25-40) — 'Little Princess' (20th). Strong $i000. Last week 'Wife, Husband' (20th) $3,600, okay. 'BENGAL'-VAUDE {7,000 IN DROWSY MONMAL Montreal, March 14. Houses sufferhig from Lent, , with local hockey scramble biting deep into cash amusement funds. Estimates for This Week . PaUce (Crr) (2.700; 25-45-55)— •Gunga Dm' (RKO) (3d wk). StUl clicking for okay $6,000 after socko $8,500 second stanza. Capitol (CT) (2,700; 25-45-55)— 'Honolulu' (M-G) and 'Dr. Meade' ,(Col). So-so $4,000. Last week, 'Made Crimhiar (WB) and 'Comet Broadway' (WB), mediocre $4,500. Loew's (Crr) (2,800; 30-40-60)— •Storm Bengal' (Rep) and Dave Ap- oUon revue. Last week of vaude, with promise of calibre of pix and admish unchanged. House will likely close for summer. Currently click- hig for good $7,000. Last week, 'Hard to (Set' (WB) and Rachel Car- ley, n.s.h., $6,000. Princess (CT) (2,300; 25-34-50)— 'Wings Navy' (WB) and 'Torchy in Chinatown' (WB). At $2,600, poor. Last week, 'Stand Up' (M-G) and 'Girl Downstairs* (M-G), so-so, $2,500, Orphenm (Ind) (1,100; 25-40-50)— •Stagecoach' (UA). Shaping for good $3,500. Last week, 'King Turf (UA) and 'Pride Navy' (Rep) yanked Thursday . (9) after less than $1,000, bad. ..Cinema de Paris (France-Film) (600; 25-50)— "Le Patriote' (3d wk). Looks set for good $1,500 after very nice $2,00r second session. St Denis (France-Fihn) (2,300:20- 34)— 'Prisons Femmes' and 'Gar- gousse.' Lent not denting this house any and should gross $6,500, very good. Last week, Tbrakhanova* and 'Champion de France,' $6,00a 'HuckMG, a)aughter* $4,300 Lead Lincolit Lincoln, March 14. 'Huck Finn' and 'Darling Daughter* got away strong for a nip and tuck b.o. scramble, while rest of the town is doing moderate to average. Opening date on the Nebraska (formerly Orpheum) has been defi- nitely set for the 29th. This house will take the Stuart's 'A' and single feature policy, causing shift of Lin- coln's . duals to the Stuart and the Lincoln becoming a dual-splitter. Estimates for This Week ColonUt (NTI-Noble-Monroe) (750; 10-15)— 'Ride Cowgirl' (GN) and 'Penrod' (WB), split with 'Home On Range' (Rep) and Titans of Deep' (GN). Fair $800. Last week, 'When Born' (WB) and 'Harvest Moon' (Rep), split with 'Sundown Prairie* (Mono) and 'Accidents Happen' (WB), $800, so-so. Liberty (NTI-Noble) (1,000; 10-15- 25)— 'Blondie' (Col) and 'Homicide Bureau' (Col). Better than average $1,500. Last week, 'Girls' School* (Col) and 'Nprth of Shanghai' (Col), slim $1,100. Lincoln (LTC-Cooper) (1,600; 10- 25-35)— 'Tail Spin' (20th)." Standing alone after long strings of duals. Not bad $2,000. Last week, 'Young Heart' (UA) with Alano Dass on stage, good $2 900 Stoirt (LTC-Cooper) (1,900; 10-25- 40)— 'Huck Finn' (M-G). Very nice $4,300. Last week,' 'Freedom Ring' (M-G), $2,900, very bad. Varsity (N-H-Noble) (1,100; 10-25- 35) — 'Darling Daughter* (WB). Heading for $4,300. very fancy. Last week, second for 'Stagecoach' (UA), $2,600, okay. 'HONEST MAN' SOLO m. D.C. Washington. March 14. BaUny weather had boys plenty worried about early spring sending 'em scurrying onto the highways, but suddeii return of cold and ' rain dumped the weekend biz right back in their laps. 'You Can't Cheat an Honest Man,' which bowed iix Thursday night (9), Is giving Keith's twice its average gross and is taking proportionate edge oft other major spots, leaving 'em okay, but far from big. Resxilt is that Fields-McCarthy pic, playing a straight pic spot; 'Oklahoma Kid,' playing with James Barton p.a., and 'Fast and Loose/ with Jolm Boles p.a., are all battling about even ta gross. Estimates for This Week Capitol (Loew) (3,434; 25-35-40- 66)— 'Fast and Iioose' (M-G) and vaude headed by John Boles. Combo aiming at fair $16,000. Last week, 'Huck Finn' (M-G) and Frank Al- bertson p.a., nice $20,000. Colombia (Loew) (1,234; 25-40)— 'Trade Winds' (UA) (2d run). Re- peat' after okay weel: at Palace hit- ting average $4,500. Last week, 'Idiotf (M-G) (2d run), after two big weeks at Palace, okay $4,000. . EMle.iI7B) (2,216; 25-35-40-66)— 'Oklahoma Kid' (WB) and vaude headed by James Barton. Should see good enough $15,000. Last week, ^Darling Daughter' (WB), good $17,- Kelth's (RKO) (1,830; 35-55)— 'Honest Man' (U). Bowed Thursday night (9) and long build-up of Fields-McCarthy feud, plus hefty bally, shoving it toward beautiful $16,000. Last , week, 'Spirit of Cul- ver' (U) wallowed with weak $5,000. Met (WB) (1,600; 25-40)— 'Can't Take It' (Col) (revival). Brought back after Acadeiny Award bally. Opened cold Monday (7) and built to nice $5,500. 'Darling Daughter' (WB) (2d run) bowed today. Palace (Loew) (2,242; 35-55>— •Pygmalion' (M-G) (2d wk). Getting nice $11,000, Last week sweU $21.- 000. Temple, 'Culver/ Tollies' All Hoppo K. C/s Ist-Rnn Sitoash Becomes Quite Complex Kansas City, March 14. With the change of policy in the Fox Tower, the first-run situation here Is developing several new an- gles. Tower' is playing bigger films double feature, while first Tower fea- ture is playing day-and-date in the Uptown solo. This is in contrast to former set up, which had top re- leases day-and-date In Esquire and Uptown. / i. Esquire continues thus far as a first-run, but Is expected to become a moveover spot for the holdover films from the Tower and Uptown. Esquire seats 820 to the Tower's 2,050 and Uptown's 1,200. Key City Grosses Estimated Total Gross This Week $1,556,8'H (Based on 26 cities, 178 thea- tres, chiefly first runs, tncludinff w.y.) Total Gross Same Week Last Tear..., .$1336,(M (Based on 23 cities, 160 thefitres) rYG'DUAL34G. 2 HUB HOUSES Boston, March 14. 'Pygmalion,' on double bill with •Let Us Live' is the high scorer this week, jamming the Loew houses. 'Honest Man,' dualled with 'Beau^ for Asking is also hefty. Otherwise the grosses are medium and snowstorms over the weekenc. generally slowed down the pace. Joe Dinneen, local newspaperman, wrote basic story, for 'Let Us Live,' and this is getting some exploitation. Esttmotes for This Week BMton (RKO) (3,200; 20-30-40)— 'NaVy Secrets' (Mono) and 'Homicide Bureau' (Col), dual, plus vaude, for four days; and 'Kentucky' (20th) and 'Up River" (20th) (3d run), double, for three 'days. Satisfactory $8,000. Last week, 'Smashing Spy Ring' (Col) and 'Silver Sage' (Par), dou- ble, plus vaude, four days; and •Thanks Everything' (20th) and •Torchy Man' (WB), dual, three days, $8,000. Fenway (M&P) (1,332: 25-35-40- 55)— 'Wife, Husband' (20th) and 'King Underworld' (WB). Tepid $5,000. Last week, 'TaU Spin* (20th) and 'FUrting Fate' (M-G), $6,500. Keith MemorUI (RKO) (2.907; 25- 35-40-55)— 'Honest Man' (U) and 'Beauty for Asking* (RKO). Getting good response at $17,000. Last week, 'LitUe Princess' (20th) (2d wk) and 'Saint Strikes Back' (RKO), good $13,000 on six days. 'Metropolitan (M&P) (4,367; 25-35- 40-55)— tafe Society' (Par) and 'Pacific Liner' (RKO). Heading to- ward slushy $11,500. Last week, 'Stand Up* (M-G) and 'Fast and Loose* (M-G). very good $23,500. Orpheom (Loew) (2,900; 25-35-40- 55)— 'Pygmalion* (M-G) and 'Let Live* (Col). Very big $19,000 on the way. Last week. Topper' (UA) and 'Four Girls* (M-G). limp $12,500. Faramoant (M&P) (1,797; 25-35- 40-55)— 'Wife, Husband* (20th) and 'King Underworld' (WB). Soft at $7,500. Last week; TaU Spin' (20th) and 'Flirting' Fat? (M-G). $8,500. ScoIUy (M&P) (2,538; 25-35-40-50) —'Wings Navy' (WB) and 'St. Louis Blues' (Par) (both 2d run). Fair $5,000. Last week, 'Jesse James' (20th) (3d run) and 'Woman Doctor* (Rep) (1st run), $6,000. Stete (Loew) (3,600; 25-35-40-55)— 'Pygmalion* (M-G) and 'Let Live* (Col). Very good $15,000. Last week. Topper* (UA) and 'Four Girls' (M-G), n.s.h. $9,000. REFS 5-WEEK STYMIE FROM LACK OF YARNS Hollywood, March 14, Shortage of stories caused a five- week production slow-down at Re- public, with only one serial and two westerns on the shooting schedule. A payless holiday and reorganiza- tion of the producer setup were or- dered by Herbert Yates, board chair, man, after a huddle with James Grainger, sales chief, and Moe J. Sie- gal, production head. Closing of Mimiesota Improving Mpls. B. 0. Mihneapolis,.March 14. Paramount Northwest circuits downtown Minneapolis and St. Paul theatres have been on a profitable basis, since the abandonment of the 4,200-seat Minnesota here, it Is learned. Heavy losses from the Minnesota operation wiped out what- ever profits accrued from the other, loop houses. Moreover, since the Minnesota was unloaded and has been kept dark, trade has improved at the other situations. More than six weeks have elapsed since the Paramount circuit moved out of the Minnesota and its owners still are without any tenant pros- pects. Several inquiries are said to have been made regarding the possi- bility of obtaining subsequent-run product for the house, with the idea of operating it as a 25c grind spot Philadelphia, March 14. Snow and sleet over the week end plus a general apathy here tell the b.o. story for this sesh, with the Fox, under a new policy of stage shows and strong film fare, providing the one sensational exception. Otherwise it's a sad tale of disap- pointment right down the line. Screening at the Fox is 'Oklahoma Kid' and on the stage are Vincent Lopez and his band, Betty Hut^ and Patricia Ellis. They're set lor a terrific $29,000. That it's the pic- ture as much as the new stage pol- icy that's pulling 'em in, however, was proved on Sunday when, with the film aTone, house topped all others in town. Pennsy blue laws prohibit Sabbath flesh. Not exactly disappointing, but plenty bad, is the measly $10,000 'Little Princess' is clicking off at the Boyd. 'Ice Follies' with $14,000 at the Stanley is just about making the grade. It was set for two weelcs, but unless it perks up considerably, it will have to be pulled before then. 'Spirit of Culver' at the Stanton with $3,800 is dying. Estimates for This Week - Aldlne (WB) (1,303; 32-42-57)— 'King of Turf (UA). Strictly an also-run at very slow $7,500. Last week 'Stagecoach' (UA) (2d wk.) slipped badly from initial $14,000 to weak $7,500. Boyd (WB) (2,350; 32-42-57)— 'LitUe Princess' (20th). Sad $10,000. Unfortunate, also, in booking pic into the sophisticated Boyd instead of the Fox. Last week 'Wife, Husband' (20th), very miediocre $13,000. 'Love Affahr' (RKO) tomorrow (Wednes- day). Earle (.WB) (2,758: 26-32-42) — 'Each Other' (UA) (3d run). Satis- factory $9,000, for this giant house on this run. Last week 'Idiot' (M-G) (3d run), okay $10,000. Fox (WB) (2,423; 32-37-42-57-68)— •Oaklahoma Kid' (WB), with Vincent- Lopez, Betty Hutton and Patricia Ellis 01) the stage. New policy of quality pix plus flesh giving this house sensational $29,000, although pic itself, without the stage show, topped everything else in town on Sunday. Last week 'Darling Daughter' (WB) and Ted Weems orch, $20,500. 'Honest Man' (U) and Hal Kemp in on Friday. Karlton (WB) (1,066; 32-42-57)— •Wife, Husband' (20th) (2d run). Showing unusual strength for this house at $4,500, probably result of new low-price policy. Last week 'Tail Spin^ (20th) (2d run), weak $3 800 ■ kelih's (WB) (1,870: 32-42-57)— •Darling Daughter' (WB) (2d run). Strong biz at $5,000. Last week 'Musketeers' (20th) (2d run) well below par at $3,000. Palace (WB) (1,000; 26-42)— 'Saint Strikes Back' (RKO). Very nice $5,600. Last week 'Four Girls' (M-G) likewise good at $5,800. 'Third of Nation' (Par) due Friday. Stanley (WB) (2,016; 32-42-57)— 'Ice Follies' (M-G). Deflnite disap- pointment, and at $14,000 won't hold for the two weeks originally allotted it unless there's a sudden pickup. Last week Tjet Freedom Ring;' (M-G), sad, sad $9,000. Three Smart Girls' (U) skedded next Stanton (WB) (1,457; 26-32-42)— 'Culver' (U). Another one that's failing to respond to nice exploita- tion and Is sagging badly at $3,800. Last week 'LeVLive' (Col) sUght^ below par at $4,300. 'BlackwelTs-. Island' (WB) Saturday. 'IDIOr 18V^, B'KLYN TaU Spln>-'Baby> Okay $15,»M— 'Service' Dnal $14,5M Brooklyn, March 14. Excellent biz at Loew's Metropoli- tan with 'Idlofs Delight' on the screen. Fabian Parainount opens to- day with 'Yes, My Darling Daugh- ter.' RKO Albee okay with 'Tail Spin' and 'Everybody's Baby.' Fabian Fox wiU do nice biz with 'Secret Service of Air' «nd 'Woman Doctor.' Fox opens Friday with new show with Mae West in person. Estimates for This Week Albee (3,274; 25-36-50)— 'Tail Spin' (20th) and 'Everybody's Baby' (20th). Attractive $15,000. Last week 'Gunga Din' (RKO) (2d wk), nifty $20,000. .Fox (4.089; 25-35^50)— 'Secret Ser- vice' (WB) and 'Woman Doctor' (Rep). Good $14,500. Last week 'Off Record' (WB) and • 'Frankenstein' (U) (2d wk), flne $17,000. Met (3,618; 25-35-50)— 'Idiot' (M- G), Looks for splendid $18,500. Last week 'Lady Vanishes' (20th) and 'Four. Girls' (M-G), shining $18,500. Paramonnt (4,126; 25-35-50)— 'Dar- Itog Daughter' (WB), opens today (14). Last week 'St Louis Blues' (Par) and Third of NaUon' (Par) (2d wk), $14,500 for six days. Strand (2,870; 25-35-40)— 'Whil- perlng Enemies' (Col) and 'I Am Criminal' (Mono). Quiet $5,000. Last week Tough Kid' (Mono) and 'North of Shanirhni' (nnl\ on.cn tfiUlO Wednesdaj, Waxch 15, 1939 PICTURE GROSSES VARIETY 11 Xrhninal'-Garber Corkmg $15M Mpk; Tollies' ea'Bloiidiem Minneapolis, March 14. There's a rift in the clouds here th^ w«fc Total loop taldngs wUl S least attain more normal propor- fioif than tor sraie time past tfore fivorable weather as weU as a etrong itae-up ol attractions are the b.o. JJS^sters Opposlsh from the Bnild- M^^ow at ?he Auditorium is less severe than it was from the Shrlners Indoor circus and the Star cookmg "'fer and his revue, at the.Or- oheum, is the first stage show here Fn swSe weelcs and followers of live entertainment are welconung it roy- I"ly It has strong box-office aid in Thby Made Me a Criminal;. Fine impression made by 'Pyg- rtalion- is Wding it in good stead In ts second prpfiUble week at the CenUiry. Another holdover, "Man to Remember.' is concluding a pro^er^ Sus nine-weeks' run at the worfd. •Ice Follies of 1B39,' on the screen. Is beating the rink presentation of the same spectacle into town by a week and undoubtedly is benefiting bv the advance advertisme and ex- ploitation campaign staged for the *"*'^Estlmates for This Week Asler (Par-Singer) (900: 15-25)— 'Spy Hunt' (Col) and 'SmiUng Along' (20th), dual first runs, split with Boy Slaves' (RKO) and 'Pardon ^Nerve' (20th), also dual first runs. Moving toward satisfactory $1,700. Last^week, ^Chan in Honolulu' (20th) and 'Pirate Slcies' (U), $1,800, good. Century (Par-Smger) (1,600; 26- 35.40)-'Pygmalion' (M-G) (2d wk). Still traveling a fast clip after its speedy initial canto. Okay $5,000 indicated. First week, six and a half days, $8,900: fine. Gopher (Par-Singer) (998; 25) — •Blondie* (Col). Enruute to big $4;()00. Last week, 'Great Man' (RKO), out after four bad days. $900. Orphenm (Par-Singer) (2,800^35- 40-55)— 'Made Me Criminal' (WB) and Jan Garber orchestra. ^Both stage entertainment and film highly praised. Nice $15,000 in prospect. Lost week. 'Tall Spin' (20th>, $4,500,- ^'^State (Par-Singer) (2,300; 25-35- 40)— 'Ice FoUies' (M-G), Skating show, an annual visitor here, and due next week, includes in its personnel mostly Minneapolitans and NorUi- west ice stars, so that's helpine film to climb toward pretty good $6,000. Last week, 'Each Other' (UA), $5,500, very disaPDOinting. , , _ Time (Berger). (290; 15-25)— 'As- sassin Youth' (Indie). Marihuana film, sensationally exploited, with esr pecially flashy theatre front, attract- ing attention. Should reach good $2,000. Had subsequent-run double features at a dime last week. Uptown (Par) (1,200: 25-35)-- Idiof (M-G). First neighborhood ' showing. Good $2,800 gait Last week, 'Stand Up' (M-G), $2,400, okay. World (Stefles) (1.200: 25-35-40-55) •Man Remember* (RKO) (9th week). Will wind up sensational, run with $1,200. good. Last week, $1,400. Honest Man*-*Wluirf Pace Seattle, $6,500 Seattle, March 14. 'Stagecoach' won out- over 'Beach- comber' for the moveover to the Blue Mouse. Hamrick-Evergreen has but one spot for the grossers getting extended runs, now that the ' Miisic Box has gone highhat One effect will be that good ones that don't quite merit holdover or move- over will have more juice when they get second runs at H-E's Coliseum. 'Honest Man' coupled with "Fish- erman's Wharf lead at the b.o. this week with $6,500. 'Pygmalion's' going for all that had been expected thus far at the Music Box, and looks set for a run. Otherwise, Lent is felt all around. Estimates for This Week Blue Moose (Hamrick-Evergreen) (850; -32,37-42) — 'Stegecoach' (UA) aod 'Bulldog Drummond' (Par) (2d wk) moved over from Paramoimt Able to stand the shift and getUng good $2,900! Last week, 'Gunga Din* (RKO) (3d wk) $2,700, big, Coilseom (Hamrick - Evergreen) (1,900; 21-32) — 'Kentucky*. (20th) and 'Goes My Heart' (UA). So-so $2j{|0. Last week. 'Sweethearts* (M-G) and 'Thanks Memory' (Par), $2,300, n,g. Fifth Avenue ' (Hamrick - Ever- green) (2,349; 32-37-42)— "Freedom Ring' (M-G) and 'Four Girls' (M-G). Managing to get a fair $6,000. Last week, 'Beachcomber' (Par) and "Boy Trouble' (Par). $7,200, good. 'Liberty (J-vH) (1.800; 21-32-42)— Blondie' (Col) and 'North of Shang- han' (Col). Moderate $3,500. Last week, 'Let Live' (Col) and 'Spy Hunt' (Col), $3,800. mUd. Muste Box (Hamrick-Evergreen) (850; 32-37-42)— 'PygmaUon' (M-G) (2d wk). Big $4,500 after immense *5,200 last week. • ^Omhenm (Hamrick - Evergreen) (2.800: 32-37-42)— 'JHohest Man' (U) and 'Wharf (RKO). The $6,500 gross here is big enough to lead the town. Last week. Three Mus- keteers' (20th) and 'Chan In Hono- lulu' (20th), $4,100, moderate. FaloDur (Sterling) (1,350; 16-27- 37-42)— "Man Remember' (RKO) and Thoroughbreds' (Col), plus vaude. Slow $3,600. Last wedt, "Woman Doctor* (Rep) and Tom Sawyer' (Par), plus vaude, $4,500, good. IPanuBonnt (Hamrick-Evergreen) (3,039; 32-37-42) — "Cafe .Society' (Par) and 'Persons Hiding' (Par). Good $5,600. Last week, 'Stagecoach' (UA) and "Bulldog Drimunond' (Par), $7,700, big. Boosevelt (Sterling) (800: 21-32)— 'Dawn Patrol' (WB) and 'Heart of North* (WB). Okay $2,100. Last week, "Arigels* (WB) and 'Woman Again* (Col) $2,500, fine. TasfP/zClife' 6G, as Opposi^ Nips L'viOe B.O. Louisville, March 14. Current week is presenting a brighter picture than last, when none of the downtown houses grossed over the $6,000 mark. Kentuckiana Day, Thursday (9), boosted bi= to some extent but on the whole the stanza is still somewhat wobbly. 'Fast and Loose' on a dual at Loew.'s State and 'Wife, Husband and Friend,* twin at the Rialto are making the best showing. Film houses got competlsh Sat- urday (11) when Tommy Dorsey's band attracted 8,000 people to the State Fair Coliseum for the Presi- dent's Ball. Tobacco Road,' in for six days at the long, dark National, will also cop some of the biz ordi- narily going to the film houses. Estimates for This Week Brown (Loew's-Fourth Ave.) (1,- 500; 15-30-40)— 'Pygmalion' (M-G) and "Son Criminal' (Col). Continued strong on moveover at $2,400. Last week 'Honest Man' (U) and 'Gam- bling Ship' (U), mUd $1,900. Kentaoky (Switow) (900; 15-25)— "OH Record' (WB) and 'Paris Honey- moon' (Par). Ample $1,900. Last week 'Dawn Patrol' (WB) and 'Up River' (20th), split with 'Secrets of Nurse' (N) and 'Peck's Boy' (RKO), light $1,500. Loew's State (Loew's) (3,100; 15- 30-40)— 'Fast and Loose' (M-G) and 'Four Girls' (M-G). Resoonding in fair manner to various exploitation stunts, and while not in the smash class, will get fair returns to $6,500. Last week 'Topper' (UA) and 'Dr. Meade' (Col), no better than $5,500, mild. Mary Anderson (Libson) (1,000; 15-30-40)— 'Darling Daughter* (WB) (2d wk), H.o. stanza still showing a profit, with wind-up figure around the $3,500 mark, okay. Last week, same film tallied okay $5,500. No hints of censorship and the like here, which might have helped to build it bigger. Ohio (Settos) (900; 15)— 'Texans' (Par) and 'Lady Fights Back' (U). split with 'Chan at Monte Carlo' (20th) and 'White Banners' (WB). Set for so-so $1,200. Last week 'Arkansas 'Traveler' (Par) and 'Mys- terious Rider' (Par), split with 'Pro- fessor Beware' (Par) and 'Gold Dig- gers in Paris' (WB), light $1,100. BUIto (Fourth Avenue) (1,400; 15- 30-40)— 'Wife, Husband' (20th) and 'Inside Story' (20lh). Sighting fair $6,000, Last week 'Cafe Society* (Par) and 'Persons in Hiding' (Par), medium $5,800. Strand (Fourth Avenue) (1,400; 15- 30-40)- 'Third of Nation' (Par) and 'Boy Trouble' (Par). Traffic at b.o. is slow to under average $3,200. Last week 'Moto's Last Warning' (20th) and Three Musketeers' (20th), fair enough $3,500. TYC NICE $5,500 IN 0KLA.CITY;mU'6G Oklahoma City, March 14. 'Pygmalion' off to good start after well-planned ballyhoo at Midwest with good $5,500 in sight 'Honolulu' at Criterion and 'Let Us Live* at State set for average grosses. Estimates tor This Week Criterion (Stan) (1,500; 25-35-40) 'Honolulu' (M-G). -Headed toward slightly better than average $6,000.- Last week preem on 'Oklahoma Kid' (WB) $7,500. very good, b t a bit under expectations. Liberty (Stan) (1^00; 20-30)— 'Ari- zona Legion' (RKO) and 'Great Man' (RKO). Better than average, $2,900. Last week 'O'Connor* (M-G) and •Disbarred' (Par), split with 'Marry' (RKO) and "Society Smugglers* (U), cozy $2,700. Midwest (Stan) (1,900; 25-39-40)— "Pygmalion* (M-G). Nice $5,500 In sight Last week "Paris Honeymoon* (Par), so-so $4,200. Pisxa (Stan) (750; 25-35-40)— "Honest Man* (U) on moveover for second week. Average $1,900. Last week, "Buck Finn' (M-G), bit under at $1,700 for its moveover sesh. State (Noble) (1,100; 25-35-40)— "Let Us Live' (Col). So-so $2,700. Last week, second on 'Stagecoach* (UA), slightly under average at $3,000. Tower (Stan) (1,000; 25-35-40)— 'Oklahoma Kid* (WB). Moveover from Criterion getting good $2,700. Last week 'Musketeer? (20th) $2,100. m-LEfflS $20,000, BUFF. Buffalo, March 14. Ted Lewis is pepping up returns at the Buffalo currently, and gets major credit for one of the best weeks so far this year. Pic is 'Wife. Husband and Friend.' 'Stagecoach' is strong at the Lakes, and business elsewhere is well above average. Estimates tor This Week BoSalo (Shea) (3.500; 30-35-55)— "Wife, Husband' (20th) and Ted Lewis. Lewis strongly aiding this one toward swell $20,000. Ijast week 'Darling Daughter' (WB), okay $12,000. Century (Shea) (3,000; 25-35)— 'St Louis Blues' (Par) and 'Boy Trou- ble' (Par). Takings are above nor- mal with nice $7,500 indicated. Last week 'King Underworld' (WB) and 'O'Connor' (M-G), $7,500. Great Lakes (Shea) (3,000; 30-50) —'Stagecoach* (UA). Looks good at $10,000. Last week 'Beachcomber' (Par) shot up to fine $9,500. Hipp (Shea) (2.100; 25-40)— 'Three Musketeers* (20th). Okay $7,000. Last week 'I^gmalion' (M-G) (2d wk), $7 000. Latay'ettei' (Ind) (3.300; 25-35)— "Let Live' (Col) and "Flight to Fame' (Col). Strong $8,500 sighted. Last week 'Honest Man' (U) and 'Stand Accused' (Rep), $6,000, average. Tyg' Strong $11,000, iagle, Hawk' $8,400 On Reissue, Denver Denver, March 14. Aided by nice weather, most of the first-runs have nothing to com- plain about 'Pygmalion.' paired with "Boy Slaves,*^ is giving a swell account of itself by tallying $11,000, getting standees each eve. - Remarkable In the $8,400 being garnered by 'Eagle and the Hawk,* a reissue. Standees here. too. Estimates tor nUs Week Aladdin (Fox) (1.400; 25-40)— 'Wife. Husband* (20th), after a week at the Denver. Fair $3,000, Last week, 'Stagecoach* (UA), after a week at the Denver, $4,500, nice. Broadway (Fox) (1,100; 25-40)— 'Fast and Loose' (M-G) and 'Four Girls' (M-G). after a week at the Orpheum. Okay at $2,000. Last week, 'Huck Fhm' (M-G) and 'Pacific Liner* (RKO), after a week at the Orpheum, good $3,500. Denbam (CockriU) (1,750; 26-35- 40)-r-'Eagle and Hawk' (Par) (re- issue). Sensational $8,400 for this one', hauled out of the files of six years ago. Standees m"uch of the time. But unable to hold. Last week. Third of Nation' (Par), $6,- 100, better than expected. Denver (Fox) (2,525; 25-35-50)— 'Stageeoadi' $23J0, Topper' $23,000 (hdy L A. Bright Spots; 'Society' Weak 13G, Total Grosses Oir 25% "Wings Navy* (WB). Fair $8,000. Last week, 'Wife, Husband* (20th), good $11,000. Orphenm (RKO) (2,600; 25-35-40) — Pygmalion' (M-G) and 'Boy Slaves' (RKO). Hefty $11,000, with plenty of standees eveiy night . Last weeki 'Fast and Loose' (M-G) and •Four Girls* (M-G), Strong $10,000. Faramonnt (Fox) (2,200; 25-40)— 'Made Me Criminal* (WB) and 'Nancy Drew* (WB). Very good $4,000. Last week, "Three Musketeers' (20th) and 'New York Sleeps' (20th). nice $4,000. Rialto (Fox) (878; 25-40)— 'Stage- coach' (UA), after a week at each the Denver and Aladdin, and 'Moto's Warning* (20th). Paced at $3,000, okay. Last week this house reverted to a subsequent for seven days. Rainy Cincy B.O. Sttggy; 'Society' Leads at $10j Cincinnati, March 14. B.o. appeal and week-end biz dampened by rain Saturday (11) and Sunday (l2). Of the new product 'Cafe- Society* is the ace tugger, yet its pull is small potatoes for the big Albee. "Let Free- dom Ring* likewise is fetching muted returns for the Palace. "St. Louis Blues* is indigo for Keith's, and the Lyric is in bad with "Boy Trouble.* Among the holdovers, "Beach- comber* at the Shubert is shedding the only ray of light Estimates tor This Week Albee (RKO) (3,300; 35-42)— "Cafe Society* (Par). Fair $10,000. Last week, "Little Princess' (20th), just fair $11,000. Capitol (RKO) (2,000; 35-42)— 'Little Princess' (20th) (2d run). Light $3,500. Last week, 'Each Other* (UA) (2d run), good $5,000. FamUy (RKO) (1.000; 20-30)— 'Homicide Bureau* (Col) and 'Long Shot* (GN), split with "White Woman* (Ind) and "Miss X' (Rep). Average $2,200. Same last week for 'Pirates Skies*- (U) and 'Am Crim- inal' (Mono), split with 'Boy Slaves' (RKO) and 'Home on Prairie' (Rep). Grand (RKO) (1,200; 25-40)— 'Each Other' (UA) (3d run). Fair $2,500. Last week, 'Gimga Din' (RKO) (3d run), fairly good $2,800. KelUi*s (Libson) (1.500: 35-42)— "St Louis Blues* (Par). - So-so $4,500. Last week, 'Duke West Poiht' (UA), pleasing $5,000. Lyrle (RKO) (1,400; 35-42)— 'Boy Trouble' (Par). Brutal $2,200. Ditto last week on "Persons in Hiding' (Par). ■Palace (RKO) (2,600; 35-42)— Freedom Ring* (M-G). MUd $8,500. Last week 'Tail Spin* (20th), poor $7,000. Shubert (RKO) (2.150; 39-42)— 'Beachcomber' (Par) (2d wk). Okay $5,000, after nice $9,500 on the first stanza. 'Wife, Husband* $16,500, Corrigan laa 'Each Other $11,000, Frisco OK San Francisco, March 14. Best biz at the local downtown houses since the Golden Gate Expo had its preem a little less than a month ago is the rule this week. Strongest contender for top b.o. take is 'Wife. Husband and Friend' which is paired with 'Persons in Hiding' at the Fox. 'Made for Each Other' is a close runner up at the ■ Jnited Artists. Estimates tor This Week Fox (F-WC) (5.000; 35-55-75)— 'Wife. Husband' (20th) and 'Persons Hiding' (Par). SUong $16,500, Last week, 'Freedom Ring' (M-G) and 'Four Girls' (M-G) had a sinking spell when rain hit down after one of the longest February droughts on record, ending the week to tune of $13,000. Golden Gate (RKO) (2,850; 35-55) —'Flying Irishman* (RKO) and vaudeviue Without exception, every critic in town gave this pic a good notice. Biz on the upswing at $13,000. Last week,. 'Saint San Fran- cisco' (RKO) and vaudeville, fair $11,500. Orphenm (F&M) (2,440; a5-55)— "Honest Man* (U) and 'Son Criminal' (Col) .(3d wk). Iiack of product, and ability of 'Honest Man' to still bring them in responsible for decision to hold this pair for a third stint which looks set for $6,500. Last week, good $8,500. Paramount (F-WC) (2,740: 35-55- 75)— 'Freedom Ring' (M-G) and 'Four Giris' (M-G) (2d wk). Move- over from Fox looks okay at $6,300. Last week. 'Wings Navy' (WB) and 'Arizona WildcaF (20th) (2d wk), $6,500, okay considering the weather. St FrancU (F-WC) (1,470; 35-55- 75)— 'Pygmalion' (M-G) (4th wk). One of the sweetest money makers in town, this picture has been able te buck the Fair and the weather. Fourth session headed for $6,000 which-is just about as healthy as last week. United Artists (Cohen) (1.200; 35- 55-65)— 'Each Other' (UA). Healthy $11,000. Last week, Topper' (UA) (3d wk), $5,700, aU right Warfleld (F-WC) (2,680; 35-55-75) —'Ice FolUes' (M-G) and "Secret Service' (WB). Biz a bit better than usual, with a $13,500 gait Last week, 'Darling Daughter" (WB) (2d wk) and 'Pardon Nerve' (20th) $8,000, okay. Los Angeles, March 14. Spotty biz, with 'Stagecoach' and Topper Takes Trip* town leaders. Holdover of 'Can't Cheat Honest Man' at Pantages-RKO keeping firm, with moveover of 'Little Princess' okay; 'Cafe Society' did nose dive at -Paramount. 'Pygmalion' takinig first serious drop at Four Star. Town's combined take off about 25%. Estimates tor This Week Chinese (Grauman-F-WC) (2,024: 30-40-55-75)— 'Stagecoach' (UA) aiid 'Inside Story' (20th). Hitting neat pace for $10,300, despite one night downpour which cut in heavily. liast week, 'Little Princess' (20th) and 'Girl Downstairs' (M-G); good $10.- 800. Downtown (WB) (1.800; 30-40-55- 65)— 'Topper' (UA) and 'Secret Serv- ice' (WB). One of town's few bright spots, and profitable $11,000 in sight Last week, 'Duke West Point' (UA) and 'Nancy Drew' (WB), washout at $6,200. Four Star (F-WC-UA) (900; 40-55) — 'Pygmalion' (M-G) (12th wk.). First heavy drop last week, biz going to slim $2,900. with $2,500 in sight on current stanza. Hollywood (WB) (2.756; 30-40-55- 65)— 'Topper* (UA) and 'Secret Serv- ice' (WB). Neat $12,000. Last week, 'Duke West Point' (UA) and 'Nancy Drew* (WB), floppo $5,500. Orphenm (Bdwy.) (2,280; 25-30-35- 40)— 'Disbarred' (Par) and 'flirting Fate' (M-G) plus vaude. Nothing to crow over at $6,500. Last week, 'Smil- ing Along' (20th) and 'Gambling Ship' (U), $7,000. Fantages (Pah) (2,812; 30-40-55)— 'Honest Man' (U) (2d wk.) and 'Wharf (RKO). Holdover with new supporting feature looks good for $6,200, after corking $12,000 first week. 'Love Affair' (RKO) follows. Paramount (Par) (3,595; 30-40-55) — 'Cafe Society' (Par) and stage show. Despite bad biz, is holding for two extra days to weak $13,000. Last week, 'St Louis Blues' (Par) (2d wk.) excellent $10,500. BKO (2,872; 30-40-55) — 'Honest Man' (U) (2d wk.) and 'Wharf (RKO). Holding to about.50% of ini- tial week at $6,800. Opening stanza, $13,200, big. Stete (Loew-Fox) (2,414; 30-40-55- 75)-T-'Stagecoach' (UA) and 'Inside Story* (20th). Heaw and effective campaign pushing Wanger opus to proflteble $13,500. Last week, 'LitUe Princess' (20th) and 'Girl Down- stelrs' (M-G), $13,200, about what was expected. United ArtlsU (F-WC) (2,100; 30- 40-55)— 'Little Princess' (20th) and 'Girl Downstairs' (M-G). Moveover n.s.h., but satisfactory $3,500. Last week, 'Each Other* (UA) and 'Par- don.Nerve' (20th). just fair $2,700. Wllshire (F-WC) (2.290; 30-40-55- 65)— 'Little Princess* (20th) and 'Girl Downstairs' (M-G). Adding $5,100 to first-run take on moveover. Last week, 'Each Other' (UA) and 'Par- don Nerve' (20th), okay $4,700. Crawford Dual Big $12,500, 'Okla. Kid' 9G; ProY. Improving Providence. March 14. Better than average pic fare help- ing stands nicely despite Lenten sea- son and inclement weather. 'Ice Follies' dual at State. "OkU- hbma Kid' at Majestic and 'Cafe So- ciety' at Strand riding crest. Estimates for This Week Albee (RKO) (2,000; 25-35-60) — 'Honest Man' (U) and 'Secrets Nuise* (U) (2d wk.). Paced at so-so $3,500. Last week, pleasing $0,800. Carlton (Fay-Loew) (1,400; 25-35- 50) — 'Stagecoach' (UA) and 'Pride Navy' (Rep) (2d run). Nice $5,800. Last week, 'Huck Finn' (M-G) and 'Four Girls' (M-G) (2d rUn), whoop- ing $7,200. Fay's (Indie) (2,000: 25-35-40) — "Alexander's Band' (20th) (revival) and vaude. Nice $5,000 sighted. Last week, 'Gambling Ship' (U) and vaude, good $6,000 Majestic (Fay) (3.200; 25-35-50)— 'Oklahoma Kid' (WB) and 'Secret Service' (WB). Stepping along to poppy $9,000. Last week, 'Wings Navy' (WB) and 'Nancy Drew' (WB), $5,000, slow. State (Loew) (3,200: 25-35-50) — 'Ice Follies' (M-G) and 'North China' (Col). Breezing along to swell $12,- 500. Last week, 'Stagecoach' (UA) and 'Pride Navy' (Rep), hefty $14,- 500. Strand (Indie) (2,200; 25-35-50)— •Cafe Society' (Par) and 'My Son* (Col). Peppy $8,d00 sighted. Last week, 'Beachcomber' (Par) and 'Miss X' (Rep), swell $8,500. 18068H Deanna URBIN Nan xvith Helen SMART GIRLS with Robert Charles ^^^^^ **«WW*l*V*W^ AAA. . WedncsA^, Mareb IS, 193^ VARIETY It GROW Pre-release MARCH 24 Regular Release APRIL 7 Produced by JOE PASTERNAK A HENRY KOSTER production Original screenplay by Bruce Manning and Felix Jackson Directed by Henry Koster u •VABIBTXV lANDON OFFICB • St. Ilutla'a Flaw, Tnfalaw BqoM INTERMATIONAL MEWS CMto AMmmi TABIBTr. MMDOH TUaphrae XtBpla Bur BMt-SOM Reprement That Anglo Exhibitors Mast Show 12|^% Home Productions Brings Qaim They Can't Fdl Quotas with the Films Council, set up to regulate and ' operate the British ^ota law, refusing demands that the picture quota jpercentages (against foreign companies, principally U.S.) be Increased, American homeotfice officials are - watching the new struggle with keen Interest The quota on foreign distributors automatically Increases on April 1 from 15% to 20% the number of films they must either buy or make 4n England. Howiever, the laborites in England are seeking even higher percentages In hopes of increasing . production. One group wants to eliminate the $37,500 minimum labor cost per single-credit film. This naturally would vastly increase pro- duction in Great Britain because it would make possible a return of quickie films. The new quota law, which became effective, . last April, eliminated' quickie production by es- tablishing at $97,500 minimum labor clause or vlrtuaUy. setting up a total minimum of $75,000 per quota .'feature* . t Frodnetlon Down Figures from London show that production In England has dwindled under the new British QuotA law. Under the old Quota law, there were 225 features made in 1937. ^ 1^38 there were 220 features made (four months under old. law and eight un- der the new, rush for quickies early In 103B presyihably swelllhg .the to- tal). There were' 90 -features either finished or contemplated for 103d. . One recent development in Eng- land. Is that exhibitors claim .they haven't,-'«nough ..British features to .fill their. quotas! Ane'idilb In Eng- .land must Show 12{&%' British-made films' If he is using foreign pictures. ' There' is- no 'stipuIation.:that''he'must show foreign films 4ioWever. In con trast," American distributors in Great Britain must, make or buy a per oentage' of British films in order to distribute in England. Exhibitor group is said to haye eiv- listed the- support of the labor- party in order' to get changes in the. Quota law.' It- the quota is' changed, it now appears 'that the only -way it can be done is by lowering the minimimi re quirements 'at least half, or make it around $1.S',0D0 for labor costsi' Even then this additional production probably would have to' be financed by. Uj^,: capital in. other, ways. Brlttsh'produ'cers are. iexperlenelng extreme difficulty in getting backing. Consequently, the bulk of production in England. now is be^g financed by American cdln.. . Sallsfled wKh Qnola Conservatives in England are hi' dined to express satisfaction over the present Quota law- because It has Improved the quality of British pro- duction and has 'resulted in features .that, have made money outside of Enelend and enhancect^the' prestige of British-pictures- In. ^ world mar- ket 'When good pictures such -as •Pygmalion,' TTfie Beachcomber,' •Lady Vahjshes,' and "Yank at Ox ford' result from the current. Quota Act American officials can see no reason for - reviving the argument that the American market is closed to English films. They insist that if a picture has merit it will -- be -re- ceived a's favorably as In Britain British pictures now are getting into some of the best first-runs In the U.S;, it's held. ' If the .minimum Is knocked down for British quota pictures, it's Indi- cated that American companies would change' thfelr tactics in turn- ing out costly films in Great Britain. 'Whether they would make In Eng- land or buy from British producers minor films for spotting on programs in the U.S. as 'B' pictures remains in doubt . « - Canadian Bill Would Coordinate Govt Depts. Montreal, March 14. Co-ordination of the film activities of all Canadian government depart- ments under one board is provided for in a bill sponsored by Trade Minister Euler and discussed In pre- liminary resolution stage In the House of Commons last week. Bill would set up national film board of eight composed of two Cabinet members) three civil ser- vants and three others, none of whom would be salaried. Executive officer would be the only paid offi- cial, with Minister of Trade and Commerce the chairman. New Mex Film Tax Mexico City, March 14. Picture men have been jolted by a spe<^ Income impost Nick is 6% and must be paid by everybody who -makes money out of the ex ploltation of pictures. American distributors have takra BO ofiFlclal action as they are await lo£ < decision o£ the Ministry of Fin- ance oh 'the request for appeal of thiir law. i^ade by the Mexican ^c- ture PrMUc^ Assn. INDIA MARKET FOR U. S. PIX GROWING Calcutta, March 14. Although India is the biggest pro- ducer of motion pictures in the world next to U. S., as far as quantity is concerned (Japan outranks both), 220 of the 359 features distributed here In 1038 were American pro- ductions, or about 62% .of the totaL Indian-mfide films represented 22% of the total, and the British 16%. Significant part about this fine showing for U. S. distributors is that it reveals India as a splendid mar- ket Figures for 193jB show an .in- crease of 44 pictures over 1037, when 176 American features were dis- tributed. The 1936 total was 167. - Opening of the deluxe Metro the- atre operation here is proving to be a help to India house operators. It was the sole house in Calcutta area to do normal biz recently. Wave of resentment against building the Metro cinema by an American com- pany was stirred up by native ex- hibitors,, who realized that an up-to- date . house would probably force them to renovate their interiors. India societies were firm in voicing their resentment- but it 'was con- structed regardless.' . Payoff is that the native India ' theatres- npw are making more money than ever be- fore and the forced remodeling is held accountable. This so-called theatre Invasion, plus revelation of the progress made by U. S. distributors in this country, has produced increased agitation by the Indian Motion Picture Congress against the American film industry. Body now is asking a film institute modeled along lines similar to the British Film Institute. Laorence Saik Baclq Eckmaii Holds Orer Ludwig liaudy' Laurence, Metro Continental r^resentatlve with headquarters in Paris, sailed for France Saturday (11) after four 'Weeks of conferences In New 'York and Hollywood. Sales policies and picture conditions abroad were dis- cussed with Arthur M. Loew and other studio executives. Sam Eckman, manager in Great Britain who is also here conferring With Metro officials. Is not returning to bis post until after the company's convention In Chicago, starting March 19. Picture Biz Holds Up WeD in Spain Despite Warfare Film theatre patronage in war- torn Spain during the last few months has kept up amazingly, ac- cording to reports received in New York by Metro, Paramount and Warners. This situation prevails even though many films are so old and have been revived so frequently that they are foggy from usage. With the peace-time government expected soon, the continued popu- larity of American product Is de- scribed as encouraging for U. S. com- panies. However, tliis big business has meant nothing to American com- panies so far, because the money cannot be withdrawn from the coun- try. The coin also is of doubtful value, and even with the restoration of peace it's extremely questionable if it will ever approach its original face value on the exchange. U. S. SUBMITTED 403 PK TO AUSSIE IN '38 Sydney, March 14. American distributors submitted 403 features to the Australian market in 1938. The Commonwealth Film Censors report shows that a total of 467 features were submitted dtiring tiie year. Cuts were made in ap- proximately 46 pictures, compared with almost double that number in 1937. Censor body found a downward trend' in objectibnal material, at- tributing decrease chiefly to an Im- provement in American films. The percentage of elimination of English films doubled that of the American product McConville to Mex 'City J. A. McConville, Columbia's for- eign manager, left Friday (10) for Mexico City to confab with Mexico's manager, S. Kusiel, and- Charles Roberts, homeoffice supervisor for Latin-America. McConville will visit Havana, Porto Rico and Jamaica before re- turning to New York next month. Queensland South Aussie FoDow NJS.W. Trend to Restrict Distribs Sydney, Feb. 25. Queensland and South Australian exhibs are now yelling for distrib legislation similar to that operating la New South Wales. The Motion Picture Distrib. Assn., in order -to prevent such restrictions in other states, had almost agreed not to op- pose the 12%% right of rejection, a standard form of contract and ban on reissues here, but complete agree- ment could not be reached within its ranks, and so the proposals were dropped. One prominent N. S. W. exhlb stated that had the MPDA recently agreed to a 10% right of rejection for all exhibs,' the current trouble would not have c(opi>ed up. The short-sighted policy adopted by the MPDA had definitely tumed exhibs towards the government for assist- ance, he said.' The Motion Picture Exhib Assn. has become tremendously powerful 6( late, and it's understood that a working agreement has been made with the New Zealand Assn. cover- ing future plans against' any pos- sible inroads that might be attempted by the MPDA. The appointment of a films commission in N. S. W., plus the possibility of national legislation hookup, together with a New Zea- land Board of Control, shows just how tough things have become late- ly for the MPDA. There are many in the Industry here who agree that the MPDA misses an opportunity to stop gov- ernment interference in the picture field because of the failure of its members to pull together. For(^ Market I%ed in 193S, U. S. Commorce D^t ReiKHts; Biz Looms a$ Stable fw 1939 Running Riot' to Tour; Henson Set for S. Africa London, March, 7. Hunning Riot' which just fin- ished a run at -the Gaiety, will tour the sticks for 12 weeks, with Leslie Henson, the star, then taking a trip to South Africa to play a repertory season of musicals, with support to be lined up locally. Latter tour is expected to last another 12 weeks. On his return, Firth Shepherd, who presents Henson, Is expected to have a farce ready for him. Meanwhile, Shepherd does not in- tend to abandon the Henson sup- porting troupe, comprising Louise Browne, Richard Heame, Fred Em- ney and Roy Royston; These will stay intact dplng another musical, -with Stanley Lui;)ino replacing Hen- son. SEE FALURE OF MONOPOLY IN JAPAN Despite, alarmhig reports that have cropped up during the past year, lat- est information received in New York from Tokyo indicates that the plan to adopt a government film monopoly in Japan will fall through. Government monopoly proposed, which would' be patterned after the one .set up In Manchukuo, Is not re- ceiving the support anticipated. Proposal goes before the Diet which meets this spring, ' Japanese picture' industry officials are dissatisfied over the way the gov- ernment monopoly in Manchukuo has washed out Efforts have been made to get U.S. distribs to handle product for that territory, according to the monopoly terms. .The distribs, however, have turned it down, one of the main reasons for the failure of the monopoly. Kelly Coming Back Arthur Kelly, United Artists for- eign manager now in Europe, is ex- pected back In the U. S. March 23. He has been absent on business in Europe and South' Africa since the first of the year. Kelly is going over the situation in Central Europe and England at the present time preparatory to sailing in a few days. Cnrrent London Pkys (With Dates When Opened) •Me and My Girl,' Victoria Palace —Dec. 18, '37. ^Room for Two,' Comedy — Sept. 6,' •Dear Octopus,' Queens— Sept 14, '38. •The Corn Is Green,' Duchess — Sept 20, '38. 'When We Are Married,' St Mar- tin's— Oct 11, '38. •Quiet Wedding,' Wyndham's— Oct 14, '38. 'Goodness, How Sad,' 'Vaudeville— Oct. 18, '38. •Geneva.' St. James— Nov. 22, '38. ^^•Uhder Your Haf Palace-^Nov. 24, •No. 6,' Aldwych— Dec. 21, '38. They Walk Alone,' Shaftesbury— Jan. 19, '39. •Magyar Melody,' His Majesty's— Jan. 20, '89. 'Design for Llvhig,' Haymarket— Jan. 25, '39. •Tony Draws a Horse,' Criterion- Jan. 26, '39. •GasHght.' Apollo— Jan. -31, '39. •French Without Tears,' Piccadilly —Feb. 6, '39. ^^•Llttie Ladyship,' Lyric— Feb. 7, •To Love and to Cherish,' Kings- way— Feb. 21, '39. 'The Mother,' Garrick— March 2, 39 ^^ilobert's Wife,' Savoy— March 6, •We at the Crossroads,' Globe- March 7, '39. „'Black and Blue,' Hippodrome- March 8, '39. Washington, March 14. American films' preeminence in the foreiga exhibition field was off about 5% in 1938 as a consequence of the' rising tide of . nationalism around the world, 'plus heightening barriers in hitemational trade. Re- strictions mean - that U.S. product now is used only 65% of the time abroad, according to Nathan D. Golden, chief of the Commerce De- partment's motion picture division. Study of export trade reports shows that while American reels continue, to enjoy widespread popu- larity throughout the world, upset« ting factors — such as the Hitler grab of Czechoslovakia and Austria — re- sulted in a 6.1% slump i'n footage shipments of all types. Only increase was in exports of positive silents, which mounted 85.2% in volume. Obstacles In discussing the whole . foreign picture. Golden commented: The obstacles, which have been of diverse sorts, have more or less de- moralized the local amusement busi- ness. Transfers of territories have involved drastic changes in the cir- cumstances governing the motion picture trade. The intangible psy- chological factors of uncertainty and apprehension have had an appre- ciable effect In many cases, the spirit of nationalism has b^en height- ened to the disadvantage of a prod- uct such as American films, whose appeal is ordinarily designed to transcend geographical boundaries. •During the past year the ardent fanning of that spirit of nationalism has meant in numerous countries, an ever-increasing fervor and energy in the attempt to build up the strug- gling local film Industries — indus- tries which, despite their obvioua (Continued on page 64) LONDONOKAYS BUCK MUSICAL London, March 14. George Black's intimate musical, •Black and Revue,' clicked in its de- but at the Hippodrome here Wednes- day (8) night It's a low-comedy musical in several respects, pat- terned after Palladium •Crazy' shows, and stars Frances- Day and 'Vic Oliver. Bob Bromley, Max Wall and Cass, Owen and Topsy are fea- tured. •We at the Crossroads,' following a week's tryout In Brighton, opened at the Globe Tuesday night (7) but showed Itself to be unlikely. It's sincerely written by Keith Winter, who describes the play as a 'revolt against indifference.' H. M. Ten- nent Ltd., produced. Cooperative arrangement for con- tinuing •Jealous God' has proved im- successfuL The play closed Satur- day (11) at the Lyric after 10 days^ being succeeded by •LIttie Ladyship,' transferred from the Strand. Tony Draws a Horse,' currently at the Cri- terion, is switching to the Strand. 'Worth a Million' closed at the Saville Saturday after five weeks. It will be replaced March 21 by 'John- son Over Jordan,' which is reopen- ing. To Love and to Cherish,' scheduled to close' Saturday (11), stays on for one week because the cast volunteered to forego salaries. Laclunan's Dardanelles' Paris, March 14. RAC (Realization Arts Chiematog- raphie), French producer, has signed Harry Lachman to direct 'Darda- nelles.' Pictiue will be made at the Pathe Studios. Negotiations are on for signing Stan Laurel for a comedy role. Delay Cafe Opening Iiondon, March. 14. Despite Clore & Esdaile's an- nouncement that they're opening the London Casino April 8, it is under- stood that an official receiver is in- tervening. It's claimed that $80,000 la due Clifford C Fischer. • Wednesdaj. Much 15, 1939 VARIETY 15 APRIL 8 ; FLYNN! n HAVIUAND! AND IjOVO'sl TECHNICOlOft! mRlFIC ! ! I WARNERS! 16 VARIETY FILM REVIEWS Wednesday; Marcli 15, 1939 LOVE AFFAIR (WITH SONGS) Hollywood, March 9. HKO releaiw of MoCaw proOactlon. Stnra Uena Dunne and Cbarles Boyer. Dl- Kcied by Leo UcCarer- Screenplay by Delmar Daves and Donald Oitden Stewart; from story by MIldrcA Cram and l«o Mc- Carey. Sonso: 'WlshlnB,' by B. O. De- Sylvo; 'SUiB My Heart." by Harold Arlon and °i'cd Koehler: camera, Rudolph Mate; editors,' Edward Dmytryk and Qeorce HIveley. Previewed at Pontaces, Mandi 0, '30. Sunnlns time: B7 MINS. Tpprv , Irene 'Dunne Michel Charlea Boycr Orandraotber Maria Ouspensteoya Kcnnrth Uradley L«e Bowman Lola Clarke: .Aatrld Allwyn Maurice Cobert Maurica Moscovlch liCo McCarey's initial production for RKO as a producer-director of- fers an entirely new approach - to what has become accepted picture technique. Basically, it's the regula- tion formula of boy-meets-girl. First half is best described as romantic comedy, while second 'portion switches to drama with comedy. Mc- Carey attacks his subject with slow and deliberate tempo, allowing main story theme to progress in a straight line, while adding many sidelight in- cidents of drama and comedy along the way. If s b.o. chances look good. Attractive selling title, combined with marquee dressing of Irene Dunne and Charles Boyer to attract initially, indicates profitable grosses. If audiences accept the leisurely tempo maintatined throughout, pic- ture has. chance for some holdovers in the keys. MLss Dunne Is excellent in a role that requires both comedy and dra- matic, ability. Boyer gives a par- ticularly effective presentation of the mode^ Cassahova. His casual and sophisticated love-making will- easily catch attention of the femmes. The stars carry the major portion of the footage, with supporting cast appearing briefly. Maria Ouspen- skaya provides a warmly sympa- thetic portrayal as Boyer's grand- mother iu Madeira. Although pro- grammed support is limited to four players, several uncredited bits are sparkling ad4itions and rate atten- tion. 'Ferike Boros has one excel- lent 'scene as a boarding house keeper, and little Scotty Beckett stands out with a brief episode aboard ship. Frank McGlynn, Sr., as superintendent oi 'the orphanage, and ^|«e Bowman, as Miss Dunne's admirer, are both okay, while Astrid Allwyn and Maurice Moscovlch are on briefly. Aboard boat sailing from Naples to New York, Boyer stairts a flirtation with Miss Dunne. He is engaged to heiress Astrid' AUwyn, and she to Lee Bowman. ' Real romance blos- soms after pair visits Boyei's grand- mother during stopover at Madeira. They separate on docking with pact to meet six months later atop the Empire State building. Miss Dunne slips to Philadelphia to sing in a- night club, while Boyer applies himself to painting. While on her way to keep tryst on appoint- ed day. Miss Diume is injured in a traffic accident Faced with Ufe of a cripple, girl refuses to contact Boyer to explaia On convalescense, she secures job teaching singing to chil- dren 'Jn an orphanage, whue Boyer goes on to success as a painter. He finally discovers Miss Dunne for re- union, McCarey's direction rates atten- tion not pn^y for general excellence, but for his innovation of departing from accepted practice in presenting his siibjeci Rather daring Is his de- velopment of interest through com- edy passages, and then complete de- tour for a sidelight that u either serious, or hufnorous. Two songs have been inserted. Miss Dunne presents one, 'Sing My Heart,' by Harold Arlen and Ted Koehler, In night club setting, 'Wishing.' by B. G. DeSylva, is first simg by kid trio with uke. accompan- iment, and later by orphanage cho- rus. Tune is catchy. Production is of grade A quality all the way and the photography by Rudolph Mate maintains a high standard. ney's name and draw, rather than story or production, neither of which is commendable. All the unbelievable hoke of a small-time western are included in this film. To cap this, Cagney, the star and in the title role, plays a western Robin Hood without varia- tion of his Hell's Kitchen manner and it's incongruous in the chaps- ar.d-spurs. setting. A weak saeen- play and dialog, plus slow-pcced di- rection, don't help matters, and the film falls into the class of just an- other hoss opry. Failure ot the writers to main- tain the story's historical points, switching instead to blood-and-thun- der gun fights and boom-town vice, is a major fault- Film starts with the land rush m 1893 on the Chero- kee Strip in Oklahoma, one of the most dramatic features of RKO's 'Cimarron,' and the founding of the city of Tulsa. But once past the early footage the story falls into an exposition of law vs. hoodlumism; n series of scrapes between Cagney and organized banditry, the unmask- ing of Cagney as the blacksheep son of Tulsa's . banker and brother of Tulsa's sheriff;. Cagney's revenge on the hoodlums after they hang, his faUier end shoot his brother. Not even the love interest is maintained in its early tempo, the romance ba- tween Cagney and Jane Hardwick, originally his brother's sweetheart given something of a brushoff . Rose- mary Lane as Miss Hardwick is pretty, but not a convincing actress, iSome of the picture's bits are com- pletely unbelievable. For instance, that portion . where Cagney single- handedly cows a couple of hundred tough gentry in Humphrey Bogart's gambling casino. About 50 men are standing behind him when he draws his guns, but they all mefekly raise their liands and nobody takes ad- vantage of the target his back pre- sents, and despite the fact that there's a price on his head, Ca|ney comes and goes as he wishes; invades the jail to speak to his father, talks to the judge, kills simdry badmen, but nobody can arrest him. For the final clinch he gets a complete par- don from Oklahoma's governor. The picture's title could just as well have been 'The Miracle Man.' With the exception of Humphrey Bogart who plays his standard bad- man, nobody else in the film stands out in performance. Donald Crisp, as the ludge, Harvey Stephens and Hugh Sothern, as Cagney's brother and father, respectively, and Ed- ward Pawley, as a badman, are greatly limited by the script Others are unimportant to the story, but also similarly handicapped. Lloyd Bacon's direction is slow in this instance, but if s probable the screenplay also handicapped the pac- ing. Photography is only average. SchK Mimatore Reiiews acon; screenplay by War- ren Dure, Robert Buchner and Edward IS. Panimoro; story by Sdnard B. Paiamor< and W.illy Klein; camera, James 'Wonii Howe; editor. Owen Marks. At Stxand, . N. Y.. week Manh 10. '89. , Running time: Tho Oklaboma Kid James Ctiney •Whip McCord. Humphrey Bcgnrt Jane Hardwick Rosemary Lano Judce Hardwick Donald Crisp Nod lOncald. Harvey Stepbcns John Kincald Hugh Sotbem Alec Martin Cbarles Mlddleton Doolln..... .Edward Pawley Woi; llandley Ward Bond Curley........ Lew Harvey Inillnn Jack I'ns?o ..Trevor Bardette ?'ngn John Ulljan Judge Morgan Arthur Aylesworth Hotel aerk Irving Bairon Keely..: joe Devlin Sberlir..(. ^^^^ Wade Botelcr The Oklahoma Kid* Is another In the majbr companies' current vogue for westerns. It follows on the heels of 'Jesse James* (20th) and 'Stage- coach' (UA), and, though the cycle continues with 'Dodge City' and 'Union Pacific' soon to be released, the ty' is a nicely produced offering. It presents Bette Davis in a power- ful and impressive role, which will be mentioned in nominations for top performances of the year. With Miss Davis as top marquee attractor, and both George Brent and Humph- rey Bogart for underlines, this film will turn in a good accnunt of itself at the boxofflces, although not rating socko proportions. In play form several years ago, Tallulah Bankhead was not able to overcome the morbid dramatics of the piece and 'Dark Victoiy' had a brief Broadway run. FUm rights were originally purchased by David Selznick, but he shelved production plans some weeks before picture was due to hit the production stages. Warners subsequently acquired the property. Latitude allowed by expanded film script over play provides oppor- tunity for general lightening of the morbid and highly tragic undertone of the original. But Uiere still re- mains the big question of just how picture audiences will accept the heavily theatric plight of a girl doomed by an incurable disease. Subject is a cinch to bring out the femme trade that delights In long and lusty weeps. Ifs an exposiUon of feminine fortitude, courage and dc rmlnatlon that is always relished by the woimen. At the same time, picture hits close to the borderline of psychological and clinical re- search, which may prove too strong a dramatic concoction for - general audiences.' Patrons with friends or relatives suffering ■ from hopeless maladies will not care for the vivid reminder striking so close. Story unfolds the tragic . circum- stances of Bette Davis, gay heiress, afflicted with a malignant brain tumor which will snuff out her life in 10 months. A delicate operation by specialist George Brent is tempo- rarily successful, but when the girl finaiUy accidentally discovers ner true condition, she embarks on a wild whirl of barties. In love with Brent Miss Davis - quickly checks herself and marries the medic for a brief ' happiness on his 'Vermont farm. 'When death finally comes, she faces it with courage. M.or- trays her flighty matron character wiUiout variation. Romance is pro- vided by James Ellison and Jean Parker, while Stepin Fetchit squeezes in several laughs with his lazy dialog. Colored youngster, Phillip Hurlic, will be best remem- bered of support Kid's recitation of the Declaration of Independence catches attention. MIDNIGHT Hollywood,. March 8. Paramount release of Arthur Ilornblow, Jr., production. Stars Claudetto Colbert and Den Ameche: features John narry- more, Francis Zjedcrer. Mnry Aster. Blaine Rnrrle. Directed by Mitchell Leisen, .'frrcenplny by Charlon Brackrtt and Billy Wilder ; b.ised' on story by . Edwin Justus Mfiyer and Franz .Schulz. Camera. Charles Lanp. Jr.; film editor, Donne llurrison; Rsalstant director, Hal Walker, I'revlewed at Wrstwood Vlllsn March 8, "M. Run- Mog time: M iOHB. Eva Peabody Claudetto Colbert Tlbor Czcmy: Don Ameche Georgea Flammarlon John Barrymore Jncqnes Plcotn ...Francis Lederer Helene Flammarlon ..Mary Aster .SImone .Elaine Barrle Steptianle Heddu Hopper Mnrcel Rex O'Mollpy The . Judge Monty 'W'anlley IjObon Annand Kallz ZENOBIA Hollywood, March 11. ITnlted Artists relcnse of Hal Roach pro* ductlon. Stnra Oliver Hardy, Harry Lang- don, Blllle Burke, Alice Brady. Directed by Gordon Douglas. Produced by A. Ed- ward Sutherland. Screenplay by Corey Ford; story by Walter De Ia«on and Arnold BclRard. Camera, Karl .Slruss; editor, Bert Jordan. Previewed nt Alexander, Cilendnle, March 11. 'SO. Running time: 71 MIXS. Dr. TIbbItt Oliver Hardy Profe.w «( Don Ueibei^ mu proAuctl'aii. F>atai«a DoroUiy Mee, Savid O'Brien, Vlim Banctt. Dlreetcdby Bminuel DIcse. ScrMontey, ArUior HoeH; camen. Max Stongter: "aitor, G«w V. Thaj-w, Jr.; oonea, M Shermnn. Walter Kent. SUlUm Drake, At •*«■>»;, \a dual, Hatch «, '39. BunnlDE time: 06 MRiS. Shirley THaitlo .■ .Dorothy Page — - - .David O' for a large insurance company, and never takes anything seriously, even murder. He's ably partnered wiOi Edward Everett Horton as his brother in the farcical by-play. Others in the cast whose names mean something in America ar« Otto, Kruger and Jack La Rue. . ^ „. The story and its method of telling have in It innumerable surefire farci- cal ingredients, is played by a care- fully selected cast and is compe- tentW produced. It merits serious consideration for the' U. S. ' Story opens with a banquet given in honor of John Forrest (Buchan- an), who's retiring from his post as chief investigator for the Stamford Assurance Co. He intends to devote himself to the writing of detective novels. When he learns that his former firm's safe has been robbed of more than $1,000,000 in jewels be- longing to a foreign prince, he re- turns to the scent There are in- numerable ingenious ways in which he outwits the criminals, and some of them are screamingly funny. Jolo. t>'BTl» Bob Lawson. Mike .-. » ">« Tim Martin Bthan Allen Jntcens... Leonard Trainer ShSSt MefTllI McCormlck Robert ireytan. - Stanley JWoe Wiley....' Wnmer RKbmond Jodse , Lloyd Insrabam 'Water Rustlers' is a western cbeapie whose only redeeming lea- ture is Dorothy Page, who's being billed as the 'Singing C:owglr?.' Di- lecttqn and diak^ are poor, while the camera fails to take advantage of the tmtdoor shots at its disppeaL For the lower rung of the duals, at b^ Hiss Page, who's done radio sing- ing, may get by with further film sdMoling, bvi% ri^t now there's not enough stqiport bdiind her to ^ow oil whatever talent she may pos- sess. She sings pleasantly, tboiigh none of the tunes are topflight Supporting Hiss Page axe . David O'Bilen. as tiie love interest, and Vlhce Bamett, for the comedy re- lief, both of whom do as well as may be expected. Miss Page plays a ' randi-owner through tfae force of circumstances. Her father is killed by unscrupulous land-snatchers. so she takes over. O'Brien plays ner foreman, and is in. the final clinch after sloughing the thugs. Sundovm an the Pnoie (WITH S^miOS) nanogram release ot Edward Finney rroductlon. Stan Tex lUtter. Directed by AI Herman: nareenplay, WllUam Kolte and EdBiond Kelao; camera. B^rt Longenecker; editor, n«d Bain. At Colonial, T.lnfiOln, dual. Runnbig time: BS HUMS. Tw , ....Tnt Bitter Ananias Horace Morphy Rntti Dorothy Ety Hendrleke Karl Hackett Donan CharlCB King Hank... Hank Wordeo aack > .FMiik RUle aim ....Wally West Blacklo «• Rnle Adama Grnham Frank LaRne John Bdward Plel, Sr. ^id ' Musical Toroodoes, featuring Juaolta Street LET'S BE FAMOUS (BRITISH-MADE) London, March 4. Asaoelated British Kllm Distributors' re- lease of Asaoelntcd Tulklng Picture iirdduu- tlon. Stara Jimmy O'Dca, Betty Driver. Soonle Hale. Directed by Walter Forde. ScRcnplay, Robert Macdoucnll, Alinn Mnc- klnnonj camera, Ronnid Neamo,. Gordon DIoea. . At the Phoonix, liondon. Running time: 8S MINS. Jimmy Houlihan ....Jimmy O'Dea Betty PInbrlsht. .-. .Uetty Driver Finch..... ".i ..Sonnle Hale Johnnie Blnl;e .'.....Patrick Barr Albert Plnbrljitit.... .;Mllton Rosmer PoUy PInbrght ....Lena Brown WatzoD .BusI Radford MIND OF MR. REEDER (BBinSH-MADE) . London, March 4. Grand NaUonal prodoeUoB and r^M. 3tan Win Fyffo: «eatmya .I?y.J^«>«5: Directed by Jack Raymond. Adapted from story by Kdgar Wallace, by Rrlan Bdgar Wallace. Mnrjorle aaSney, Mlrhael Ho*n>n; rnmora, Oonrge -Stretton. At the Cnm- brldge, London. Banning J. G. .HeeJcr Miss Olllette.. Weirord George CorMn Blik Welford •".'•?5!" ^H^H Ted Bradior .'..John mnvick lira Ga^r. l-eolle Wareing Inspector Gaylor ...Romllly UinBO BradyTT. . riT. George Hoyos Barmaid. IX-W Astell Jeffrey Bernerd inaugurated his new Grand National distributing or- ganization hare with a trade show- ing of 'The Mind , of Mr. Reeder,' stSrrlng Will Fyffe. The central character is apparently a benevO' leiit old man, but is actoally an ace detective, • - _ ^. ■ Fyffe's Is a sort of Father Brown role, and might have been based on the G. K. Chesterton stories. The film Is strongly Unked In plot with 'Q Planes,' which stars Ralph Blch ardson, also as a detective, in a diar. acterlzation similar to Fyfle;s. As was neatly done by a capable group of thespians. . Because the film makes little pre-, tense ol being anything «f ceptP«3P- aganda for China in ite stnigee against Japan, this producUon should pro^e aomethinf of a boxofflce test for those advocaung outrl^t ptopa- gaiida on screens. Wear. Dukretion — Ehrensache (es from choir practice to win tiie competition. Sonnle Hale and Jimmy ODea han- dle the roles ' ot Finch and the am- bitious singer excellently. On the whole a worthy offering, Clem. Reeder. his job is to track down < gan» of counterfeiters. The picture is well produced, al- though a trifle too episodic, but the cast direction and photography, plus the reputation of the star, should gain Tsrofitable bookings. Fyffe has been stripped of his in- imitable, delightful Scottish dialect, and only once does he momentarily slip back into it This reduces his normally lush stage personality to a considerable degree, but he comes through despite this handicap. There's a competent supporting cast and plentiful comedy. Jolo. I MET A MURDERER (BRITISH-MADE) London, March 4. Grand National releaao ot Gamma Film Pro and Frlta Meyer; editor. Jnn Teualsm. At the City theatre, Ibe Hague, xraOc ot VWimaiy 24. '39, Running time: •1 KDia. winy VerfaHlit lily Bonwrneeatsr Herdo- Fanl Stccnbergen Hana tbto. Frenkel Frlta VeAolst... .....'. Nice Oc Jong jobnn Plet Koliler Do Rtind ' Louis GIrnherg Publicity Man..,. ...,Bo.) de Lanae Teacher .....Fie Kohler After 'Pygmalion' and 'Daddy Long Legs' this third Neerlandia produc- tion again has a good chance to score at the box office, thanks to the Dutch drawing power of Lily B^uwmeester. - Ifs liie ttory ot a student who, after her father's deatli, looks for work and gets a job as secretary to tije ' program-manager of a broad- casting corporaUon. One nl^t, when the anmnncer suddenly faints, she closes the broadcasting with a good- night Eoeech which makes a deep Impression all over the country. She becomes a famous radio nersonality and, after having been disappointed by a shallow-pated younonr<; camcn\, Claude FMcne-Greene. At Caml:rldge, Lon'don, Running Ume: 7S MIXS. John Foireet Jack Bochanan Alice Forrest Googlo Withers TreadtTCll ^ .-ard Scemt Horton Founce Syd Walker Mike Cbedvick Otto Kruger Albeml *...*.. ...Jack Ln Rue BerettI David Bonis Prince Homouska Walter BUIa Charles CnitnrlRht .....Charles Canon Harper Leslie Peirlns Spider Ferris Ronald Shiner In the present vehicle Jack Buchanan hais a role somewhat simi- lar to the one he had in 'Smash and Grab,' but in this one he's more at ease. He plays a private det^ctiv^ Irving Asher's first production here for Columbia. He took it to Hollywood; where they sneaked a preview for Harry Cohn, and then returned it here for the trade show- ing. There have been so many aircraft films of recent years that the edge has been taken off anything of the sort today. This one, however, is good enough and should qualify for gopular honors here, and as a possi- le second feature in the U. S. 'Q Planes', is exceedingly virile spy stuff, v^erein an ostensible sal- ■nge vessel shoots down planes with a powerful ray that incapacitates the aircraft's engines. .Film has an. ex- ceptionally able cast the principals being Ralph Richardson, Laurence Olivier and Valerie Hob^n, Olivier and Miss Hobson have rel- atively small parts and are thus dis- qualifled from scoring. Hie film is essentially a Richardson v^cle, in that he's cast as an eccentric Scot- land Yard detective whose theories on the disappearance of several planes during experimental trials, while pooh-poohed by everybody, torn tait to be correct He contrib- uted some excellent comedy relict Photography is competent, dialog crisp, but the direction falters at the start due to a too-speedy pace. Jolo. THE 400 MILLION Garrison Films releaae ot Jdrls Ivens and John Femo producUon. Commentary by Predrlc March; irrltteo by Dudley Nich- ols;, musical score by -Hanna Elsler; ed- itor. Helen Van Dongen; actors' voices heard In film, Morris Carnovsky, Alfred Ryder, Robert Lewis, Adelaide nedn and Sidney Lumet. At the Cameo, N. T., start- ing March T, '30. Running time, 60 MIN9. T^is picture was made to cash In on the enthusiasm, for China's cause in its struggle against Japan. It measures up okay in. comparison to similar documents made by Soviet producers and others,-, but for gen- eral consumption, even iif arty houses, it contains the minimum of entertainment It got careful scor- ing and dubbing of voices, and con- tains Fredric March's clear-dictioned commentary. Picture doubtlessly will attract numerous Chinese and sj^mpathizers, as it is doing' at - this theatre. But the compUation of newsreel, travelog and educational scenes become tire- some after the first few reels. Much ot it has been presented in the news reels a lot more graphically in recent months, - Original music and its reproduc- Uoa is excellent March's descrip- tion helps considerably in maintain- ing interest — in fact, the narration often is more Intriguing than the scenes on the screen. Dudley Nich- ols' scripting of the commentary is first-rate, altiiough obviously always favoring the Chinese. Entire producUon appears to have been shot as a silent with sound effects and voices dubbed In. Latter Another case of a good play being turned into a weak picture. With the leading highbrow dramatist, Lajos Zilahy, not only adapting his own play, but also active" in produc- ing, directing and casting, there was considerable beating of tomtoms that here was the first genuine and artistic Hungarian picture. Ifs noth ing of the sort and not a whit better than average. Fault lies, as with nearly all stage hits, in that it fol lows the stage version too closely and doesnt m^e any use of the plus possibilities of the picture. Re suit is it's dull and lacks ten^M. Point ot the story 'will hardly be appreciated in western democracies, where it wouldn't be considered sensational if a 'lady'— like the par son's daushter — married a peasant farmer. He meets her when she's dressed as a peasant for a part in an ^amateur theatrical, and musters up enough courage to niake love to her. When he learns his mistake he thinks she has been joking with him, feels hurt and nearly marries a rich farmer's daughter instead. But as usual. It turns out okay. Zilahy, determined to have every' thing genuine and smelling of the soil, chose an amateur of peasant stock for his leading man instead of a professional actor. Janos Olasz, an employe of the municipal gas works, whom Zilahy discovered playing the part in amateur theatri- cals, performed creditably, but noth- ing more. Alice Nagy lacks temper ament and initiative.. In spite heavy advertising, reception was in' different in first-run theatres. Jacobi (In German) The mysterious death of the Bel- gian banker, I,aewenstein, was partially adopted as the plot for an excellent tiiriller, Loewenstein, it will be recalled, disappeared from an airplane crossing the English channel. In 'Green ' Emperor' Miller Mylius leads a double life. Dis- appearing purposely from the plane results in his pilot and rival for the affections of Joana, being sen- tenced to three years for man- slau^ter. Years afterwards, Kar- sten, the pilot meets Mylius, who, _ ,_ , , — Nincsenek Veletlenek ('Aocldents Don't Happen') (HUNGARIAN-MADE) Budapest, March 2. Hunnia release of Hunnla-Mester produc' (Ion. Directed by T.aszIo KaJmar. Adapted from Endre Solt'a comedy: acreenplay, lalvan BekeHy; oamera. Istvan BIben, At Forum, Budapmt. Running time, U MCQB, Klarl Ida Toiay Slnko, her husband Joseph Jnhaax Pani Fataky., Latoo fizUaaay Zlta lanka Bzonbathelyl Akoa Laszio Pa1oc9 GIsella. . . J Uargit Aivad Mr. PaUky Bela. Mlhalytty Hunnia has translated the out- standing stage hit of last season to (Continued oh page' 2d) has married Joana, He's tried again and and of riieantime, kills him. acquitted. While most Ufa thrillers were formerly tiresome, 'Emperor' holds considerable interest though it lags shortly before the end. Gustav Dlessl, as Mylius; Bene Deltgen, as Karsten, and Carola Hbdin, as Joana, are excellent Hans Eberfs music is good and direction of Karl Schiiltz is above average for Austrian fllms. SZEGENY GAZDAGOK (Tlie Poor Btch') (BDNGABIAN-HADE) Budapest, March 2. Hnonia producUon and release. Adaiited ttom Maurice Jokal's novel by Istvaii Ksz- terbaa.' Directed by Jeno Osepreghy. Cam- era, btvan SIben. At Atrium, Budapest. Running time, 76 MJKB. Fatla Negro. 1 Theodore Vrny Henrletlc I.d«uasa ^ta Sxeleczky Bsllard Vamhldy .'.Tjiszio S'/llnssy Mrs. L'angal Margit Lukars Margarl, secretary Gero Moly Janes Lapussa ..,Sandor Pelhea Chaperone PIroska YiiKUiry Lajvyer Slpos Rcla MllinlylTy Amca ,.. llai'la KcrcszlcMy Marlon... ....Margit .\rpad Another example of a brilliant sub- ject badly handled because the play- wright adhered too slavishly to the original novel. This, as are all the works of the great story-teller, Jokal, is considered a classic in Hungary. 'Vbis early 19th century story of the villain, Fatia Negra— based re- motely on fact— has in it all the ele- ments of full-blooded melodrama, but in this version contrives to be so complicated as to. be almost dull. He was a wealthy and gallant aris- tocrat by day and a black-masked, highwayman and lover by night. The love of his wife for another finally prompted Negra to shoot himself, as the story goes. There are numberless intrigues, love affairs, duels, fights, pursuits, suicide attempts and what-not, in a Sequence of too-short flashes that al- low littie scope either for proper acting or direction. Hvadar Uray at least has the looks that give complete illusion in the double part of baron and highway- man. Zita Szeleczky is improving, but neither she nor any of the oth- ers gives an outstanding perform- ance. Jacob! . Wednesdaj, March IS, 1939 VARIETY 19 There are five youngsters visible in the photograph showing the line waiting to get in to see "The Little Princess" at the Roxy, N. Y. Can you find them? THE ROXY HOLDOVER, AS ELSEWHERE,* IS BASED ON ADULT APPEALS ^Already held over in Boston^ Richmond^ Cincinnati! Smash business reported in Son Antonio, Houston, Toronto, Miami, Pittsljurgh! Despite nationwide" flu" epidemic! THE KEYSTONI OF YOUR FUTURE 2» VARIETY Wedneedaj, Muech 15, 1939 hies Vs. Wa ftomsiii1%% Philadelphia, March 14. A clearance fight Is brewing here again. This time its being brought on by the recent slash In prices at the downtown Warner Bros, theatres. Indications are that a showdown- is near between indies, Warners, and the major exchanges. First indication of trouble was the anneuncement that former Con- gressman Benjamin F. Colder had joined Wamos legal staff. Colder was counsel lor the indie groups in their disputes against the majors and bad licked them on several oc- casions. His most notable victor? was in the double feature squabble, in which he was upheld by the U. S. Supreme Courts Colder admitted that his duties would include straightening out . tangles between independents and Warner Bros. Sec- ond straw in the wind was the hur- ried visit here by Henderson M. Richey, RKO e^ec, who huddled with exblb leaders, Including Sid Samuelson, buslneiss manager for the local Allied unit, and Lewen Pizor, UMPTO prexy. All declined to comment on what had transpirecL Third move is the meeting today (Tuesday) between Col. Harry A. Cole, national Allied head, with Samuelson and the clearance com- mittee of the local imit. Indie leaders said they would await the recommendation of the fair trades practice parley before taking any positive steps. All agree that a revamping of the clearance setup would have to be made within the near future. NICK LOSES ATTEMPT TO MJCK Cim SUIT St Louis, March 14. Hopes of John P. Nick, v,p. of the lATSE, apd Clyde A. Weston to es- cape defending the civil suit recently brought by 19 members of MFO Local 143, who seek their ouster troni control of the organization, were blasted last week when the state su- preme court denied an application for a writ of prohibition filed against circuit court judge Ernest F. Oakley from trying the case. The application for the writ, among other things, claimed that the cir- cuit court had no power or juris- diction to manage the affairs of a labor union, and that the court could not issue an effective injunction in thL<: case, as the international off! cers of the union, who placed Nick in charge, could appoint successors. The ouster suit also was directed against George E. Browne, interna- tional president of lATSE, but ser- vice was not obtained on him. Coun- sel for Nick and Weston said that because of that fact he could not be enjoined in the suit Nick, who is jointly charged with Weston in an extortion indictment and with state senator Edward M. Brady in another, is reported to be in Florida' where he is receiving medical treatment Following receipt of the supreme court's action ' Judge . Oakley tenta- tively set March 27 as the date on wliich he will begin testimony in the ouster suit FILM BOOKING CHART (For in/omatbm of theatre and jUm «xcfian«e boofcer*. VABntr presents a complete chart of feature release* of all the American distyibuting oonvantes for the current qiutrterly period. Date of reviews -as given in VABierr and the running time of primta are toclttded.) COPYRIGHT, 1»W, BT VABIBTX, INC. AIX BIGHTS RESEaVBD BeT. In Tar.— B«Tlewed la Vnlctr B. T. Uln.— Boaalag Tine la SUoatM OF MLEASB 1/6/39 1/13/89 1/20/39 1/87/89 B«v. la Var. 1/11 l/Il 12/28 I3/.Z1 8/31 12/7 3/8 3/1 1/4 1/2S i/ir 12/28 1/4 1/18 1/25 2/2 2/22 2/15 12/14 1/25 1/25 2/22 1/25 1/25 1/25 2/15 12/21 2/1 1/U 1/11 1/25 2/3/39 2/10/39 2/17/89 2/24/39 3/3/39 2 Oommersli Distribs On Verge of Merge Present developments point to completion within 30 days of a mer- ger of the two largest national dis- tributors of commercial film. Screen Braadcast Co., headed by Al ' Fair, and. National 'Screen Advertisers, of which M E. ^tterholm is head A ' pooling at the two companies, with accounts throughout the United States;, has been in the works for some time now. . An indication of the strides made by commercial film in theatres is gained from the fact that three years ago local and national advertising ran as low as 50c to $1.50 per 1,000 in theatre attendance, while today the range is from $1 to as high as $16 per tliousand. 3/10/30 3/17/39 3/24/39 3/31/39 2/1 3/15 2/8 2/8 11/9 12/28 8/8 2/15 1/25 1/18 2/15 a/1 2/1 1/18 2/15 1/25 2/8 2/15 2/22 3/1 2/22 2/22 2/15 2/22 2/15 2/8 2/8 8/7 2/8 S/8 3/1 2/15 a/8 3/8 3/8 8/8 »/30 3/1 10/5/38 3/1 3/15 2/22 3/1 3/15 3/8 11/30 11/22 3/8 3/8 ICTLB STAND Ur AND FIOBT DISBABBED PACIFIC LDIEK WmUE NBW -XOBK SUEP8 LADT VANISHES LAST WASNimX DEVn.'S ISLAND THB TBCMBBICING WEST BVBK nSU UP O'CONNO* ZAZA MTSVEBHMJS BOSS X THE 4jlBEAT MAN TOTES CHAN IN HONOLULU TOPPEB TAKES A TIP SON OF FRANKENSTEIN MADK tKE A CBIHINAL FBONTIEBS OF '49 ' OONVICrS CODE AUBUSH ABIZONA LEOION SMILING ALONG MOTO'S LAST WABMINa GAMBUNG SHIP OFF rm BECOBD LONE WOLPS SP T HUN T FOUB GBUjS IN WHITE roior s deught dbifumg westwabd pabis honexmoon pbidb of the navt. JESSE lAHES KING OF UNDEBWOBLD MADE ME A CRIMINAL HONOLULU SUNDOWN ONTSAIBIE ST. LOUIS BLUBS FISHERMAN'S WHAAF THE ARIZONA WILDCAT PIRATES OF THE SKIES TORCRT IN CHINATOWN TEXAS STAMPEDE NORTH OF SHANGHAI HUCKLEBERRT FINN NAVT SECRETS PERSONS IN BIDING BOY SLAVES WOMAN BOCTOB HOBIE ON THE PRADUE . TAIL SPIN BIADE FOR EACH OTHER WINGS OF THE NATT FAST AND LOOSE LITTLE PAL ROT TROUBLE GUNGA DIN THE THREE MUSKETEERS KING OF THE TURF CANT CHEAT HONEST MAN NANCT DREW, REPORTER Co.- TTPE M-O Par RKO 2«lll Z»tb V WB Cel M-G Par Sep RKO ZMh UA U WB Col Man* to RKO tMh 2«th V ws Col H-G M-G Mono Pw Bey ZOtk WB WB M-G SMM Par RKO Mth U WB Col Col M-G Mono Par RKO Rep Rep 2Mh UA WB LET US LIVE LET FREEDOM RING STAR «EPORTEB ONE THIRD OF NATION SUNSET TRAIL FORGED PASSPORT BEAUTY FOB ASKING • ' PARDON OUR NERVE SOCIETY SMUGGLERS YES, DARLING DAUGHTER ROMANCE OF REDWOODS PYGMALION MYSTERY OF MB. WONG CAFE SOCIETY I WAS A CONVICT TWELVE CROWDED HOURS WIFE, HUSBAND, FRIEND STAGECOACH RISKY BUSINESS SECRET SERVICE AIR . RLONDIE MEETS BOSS - ICE FOLLIES OF 1939 MYSTERY PLANE THE BEACHCOMBER ROUGH RIDERS ROUND-UP -SAINT STRIKES BACK INSIDE STORY PRISON WITHOUT BARS SPIRIT OF CULVER THE OKLAHOMA KID LONE STAR PIONEER SERGEANT MADDEN TRIGGER SMITH KING OF CHINATOWN UTTLE PRINCESS MYSTERY WHITE ROOM AD-V. OF JANE ABDEN M-G Mono Par RKO 20th UA U WB C«l M-G Man* Par Par Bep BKO 20th U WB Col M-G Mono Par Bep RKO 2*th UA U WB Col M-G Mono Par Rep BKO 2ath UA u WB Col M-G Mono Par 20th U WB WHISPERING ENEMIES WITHIN THE LAW UNDERCOVER AGENT MIDNIGHT MY WIFE'S RELATIVES TROUBLE rar SUNDOVIN EVERYBODY'S BABY THREE SMART GIRLS BLACKWELL'S ISLAND 4/7/39 3/8 3/15 8/18 LADY AND THE MOB KM FROM TEXAS STREETS OF N. Y. / ' SUDDEN MONEY SILVER ON SAGE ALMOST A GENTLEMAN MEXICALI BOSE HOUND OF BASKERVILLES FAMILY NEXT DOOR ON TBIAL BROADWAY SERENADE BOY'S REFORMATORY FM FROM MISSOURI THE FLYING IRISHMAN LOVE AFFAIR MB. MOTO IN DANGER IS'D EAST SIDE OF HEAVEN DARK VICTORY Cel M-G Mono Par Rep RKO 2«tb U WB C«l M-G Mmio Par Par RKO Bep Mtti U WB M-G Mono Rar RKO RKO i-lx V ■ WB Bom-Dr Uriodrama Drama Melodrama Mystery S&jstery Melodrama Western Com-Rom Rom-Com Mystery Comedy Mystery Comedy Melodrama Drama Western Melodrama Bom-Dr Western Mus-Com Ij^stery Drama Comedy Melodrama Rom-Dr Com-Dt Western Rom-Com Rom-Dr Drama Drama Melodrama Com-Rom Western Mus-Rom Com-Dr Comedy Action Melodrama Western Drama Com-Rom Drama Melodrama Drama Drama Western Drama Rom-Com Drama Com-Dr Drama Comedy Drama Mus-Com Rom-Dr Comedy Melodrama Rom-Dr Mus-Dr Drama Drama Western Melodrama Rom-Com Com-Met Drama Comedy Drama Comedy Mystery Rom-Dr Melodrama Melodrama Rom-Dr Rom-Dr Melodrama Melodrama Comedy Rom-Dr Action Dr&ma Action Drama Drama Melodrama Rom-Dr Melodrama Western Drama Western Melodrama Drama Mystery . Melodrama Drama Melodrama Melodrama Comedy Comedy Western Comedy Mus-Roni. Drama TALENT B. Xaylar-F. Biee^Bcety. G. Fatrlek-O. Braser . McLoclen-C. Marrls-W. Barrle BL Wholcn-J. Bog era M. LMkwoodrM. Bedgiavo P. Faater-F. BeklBMB r-N. HuTigan C. Starrett-L HereOHli D. O'Kecte-C. Parlnr C. Colbert-H. Mardwil M. Whalen-M. Har*. J. Ba njiu o te^ . W a Mmi S, Taler-P. Braaka C. Bennrtt-B Toong-B. Borke B. Barb*-*. Logml - J. GaificM-C. BalM B. EIHott-L. De Alcaals B. Kent^A. Nac«i-I(. Ebwne G. SwarthoaUL. N^aa G. OVrlea-L. lohasaa G. FleMs-H. Magairo P. Larre-'B. Certea B. WUeax-H. UiMk P. O'Briea^. W. WUIlaoi-L Laplea A. MarduU-F. Blee Shearer-GaUe jsek RaadaU B. Cr«sby-F. Gaal J. Oaaa-B. Hodsoa T. Pawer-N. KcUy-Fanda ' H. Bogart-K. Fraacis J. Garfield-Dead End Kids E. Powell-B. Yonag T. Bitter-D. Fay-C. Klag L. Nalaa-D. Lamoar B. Breen-L. Carrlllo J. Withers-L. Carrlllo K. Taylor-R. Hadsoa G. Earrell-B. MaeLaae C. Starrctt-L Meredith B. Farncss-J. Craig M. Raoney-W. Coanolly . WIthers-F. Wray-D. Robinson L. Overman-J. C. Nalsh A. ShIrley-A. Daniel F. Inescort-H. WUeoxea G. Antry-S. Baraette A. Faye-C. Beaaett-C. FarreU . C. Lombard-J. Stewart G. Breat-O. de HavUaad T. Mln. 8« «T U fS IV ss 18 N as 94 83 «1 Si •s 71 88 79 «9 72 199 47 83 99 198 99 92 53 85 71 99 S8 57 59 88 92 69 70 65 83 90 88 B. . loatgamery-B. BasscD . M. Booaey-R. Bellaiay C. Bnggles-M. Bolaad C. Grant-D. Fairbanks, Jr. Ameche-Rlts BraB.-B. Barnes A. Menjon-D. CoatcIIo W. C. Fields-Edgar Bergea B. Granvllle-J. Litel H. Foada-BL O'SalUvaa Nelson Eddy-V. Brace W. HnU-M. Haat S. SIdney-L., Erieksaa W. Boyd-C. Syatera P. Kelly-J. Lang L. Ball-A. Lane L. Barl-J. Gale-G. WUIIaaia P. Fostcr-I. Hervey P. Lanc-J. Lynn C. Biokford-J. Parker I« Howard-W. HUler B. KarloH-D. Tree M. Carroll-F. MaoMnrray B. HcLaae-B. Boberts B. DIx-L. Ball-J. Aldrldge L. Yonag-W. Baxter C. Trevor-J, Wayae G. Mnrpl^-D. Keat B. Regan-J. Litel P. S'ngleton-A. Lake . J. Crawford-J. Stewart J. Trent-P. A. Young C. T.l£u^'Cltnn-E. Lanchester R. Rtogers-M. Hart-R. Hatton G. Sanaers-N. Hamilton M. Whalcn-J. Rogers C. Luchalre-E. Best J. Coopcr-F. Bartholomew J. Cagney-R. Lane Comedy Western Melodrama Comedy Western Drama Rom-MeL Mystery Comedy Melodrama Mus-Rom. Drama Comedy Rom-Dr. Rom-Dr. Melodrama Mus-Rom. Drama Bill Elliott W. Beery-A. Cnrtis-T. Brown Jack Bandall A. M. Wai:g-A. Tamirotf S. Tcmole-A. Devine B. Cab3t-H'. Mack R. Townc-W. Gargan J. Hott-D. CesteUo B. Hnssel-J. King-P. Kelly S. Dean-R. Gleason C. Colbert-D. Ameehe J. L. end R. Gteuon G. O'Srlea-L Keith J. Proaty-B. Gleason D. Da'-b!--C. WInnlngcr J. Garfleld-B. Laae F. Balnter-L Lupino D. O'Keefe-F. Bice Jackie Cooper ■C. Boggles-H. Bambeaa W. Boyd-B. Rogers J. ElUson-H. Wood G. Aatry-S. Bamelte R. Green-W. Barrte H. Ik«rbert-J. Hodges M. Uadsay-J. Litel J. Mac3anald-L. Ayrcs Frankle Darro Bob Boms-G. George D. €orrigan-A. Appleby I. Dunne-C. Boyer P. Lorro-J. Hersholt B. Crosby-J. Blondell B. Davis-G. Brent 78 66 79 120 71 88 79 97 99 87 62 99 94 94 97 :70 95 .96 69 88 62 63 79 95 66 61 75 81 60 86 64 89 80 56 93 38 f,1 65 92 63 61 71 C9 66 73 87 105 Heeey Pheoey (Continued from page 1)' own press afents Is a circumstance not . overlooked. Palmer's big job won't be' with the outside world, but wMb the haUts ioslde the trade. Just iAiat tactics or tedlnlques £almer wlU adopt ia not known. Meantime, there ia more talk heard in the east that the -film business doesn't so much need 'better* fan publicity, as it needs leas, tegar^ss of the quality. It is the sheer' mass production of fan ballyhoo which in- evitably tempta press age&ts, fan magazines and columnists to keep up with the ou^nit no matter how. Manufactured news, phoney an- nouncements, fake illnesses, cut- fingers^ front-paged like a crushed vertebrae, only to be exposed, in- finitely multiplied so-what trivia is, all of it ostensibly in ' response to 'demand.' Tbe basic idea is that the fans moronic dumbness cannot be exaggerated. The wisdom of this 'sucker' approach is beginning to be doubted. ■Less intimate detail and more glamorous mystery' is what some easterners think would be a smart shift for Hollywood. Hollywood, which has. gotten accustomed to a goldfish bowl existence and been sold hard on the need and value of- press agent idiocies, may not be able to digest this thought - It stems from the notion that the old-school the- ories about 'preserving the illusion' had a lot of sound showmanship in them. Up Ut Hollywood Itself Unless and until Hollywood and the Dim business are prepared to curtail the flood-like outpouring of hour-by-hour reports of the private, family, social, and sexual lives of all its members, the question of pub- licity 'quality' gets lost in the stag- gering 'quantity' of make-believe news about make-believe people. That's the suspicioh that spreads. Publicity, threatens more and more to be a monster of Hollywood's own creation. Everybody worships pub- licity. Publicity can do very little wrong. It can lie, misrepresent, de- grade, render absurd, expose itself as quackery. It's okay— if they spell the name right. Major fllm S'candals now seldom occur. Hollywood is too scared to take those kind of chances. But in lieu of major scandals, there are thousands of little daily squibs about the boys and girls. Squibs that press agents tip off. Mean stories that the boys and girls, hypnotized by the love of publicity, even tell on them- selves. Always' the net result is to multiply, endlessly pile up, snido impressions of Hollywood and its people. Petty quarrels are magni- fied into the dimensions of an inter- national cause celebre under the vaunted fan publicity system. The eccentricities, the extravagance, the childishness of certein individuals become the accepted 'typical' of the industry. Palmer has quite a job ahead of him. Nincsenek Veletlenek (Continued from Page 18) the screen, with Ida Turay, the mas- cot of the stage production, in her orJjinal part The little bride, rushing about in her wedding attire in the middle of the night trying to prove to her hus- band that she is innocent has lost some of her quaint charm in the process of transit. But the raw ma- terial is really first-rate. Klari celebrates her wedding with her priggish husband in their hotel suite. Among the wedding piresents is a valuable ring with a letter thanking her 'for unforgettable hours.' Husband is sure that Klari, humble, little nursery governess, who, he figures, ought to thank her stars for the good luck of being mar- ried to him, has a lurid past Klari yamly argues that it is a mistake, the rmg can't have been meant for • L Husband casts her off; she goes, m her bridal gown, to- find the un- known sender of the ring to prove her innocence. After many amusing adventures she finds Paul, who had sent the ring as a parting gift to his erstwhile girl fnend, who lived in the suite next door, being bidden by his father to break with her and marry an heiress. Klari causes the most impossible complications and ultimateb^ finds in Paul a much more attractive hus- band. Laszlo Szilassy, who has also kept his stage part is rather wooden and 'constrained. Not a first-rate produc- tion but fairly good entertamment Jacobi. Wednesday, Marcli 15, 1939 VARIETY 21 ^^^^ SHOWIVIEN Here's your campaign ) approach to that I sniartlv titled ^o^^^)^.^! romance ZENOBIA iWho IS she'? Why, the girl who inspired Ha Roach's hilarious hit released thru UNITED ARTISTS J r The,' ^^^OtfaiQ^f 22 VARIETY PICrUBES Wednesday, March 15, 1939 Iowa BiO WonM Levy Sc Tax On Each Bank Nite Admisaon; Wise. Measure to Outlaw Games Des Moines, March 14. A bill which would legalize bank nights in Iowa, and then levy a tax of five cents on each bank night ticket sold, received approval of the ways and means committee of the Iowa house. The bill will probably get a dusting from the house sift- ing committee next week. Bill's original provision for a 10c. tax per' ticket was whittled down be- fore the committee recommended passage of the measure. Bank nights in Iowa now have legal status on the grounds that per- sons are eligible . to win awards without purchasing a ticket and at- tending the performance. / Judd's bill prohibits all free bank night registrations. Judd's bill would prohibit theatre operators from passing on the tax to the movie patrons by requiring that regular prices be diai'ged at bank night performances. He said he be- lieved the bill would yield at least $1,000,000 a year, the revenue to be used fbr the old age pension fund. Another bill, which would have outlawed bank nights and other sim- ilar games, was virtually killed when the house police regulations commit- tee issued an 'unfavorable' report. Wise Baak Nlcht BfU Milwaukee, March 14. Senator Paulson, La Crosse, Wis. Progressive, Thursday (2) introduced a tau to the state legislature out- lawing baidc nights and similar b.o, boosters. Bill fixes a minimum pen- alty of six months in jail, or a fine of $500,. or boO. Meastire makes it illegal to offer any money, che^ merchandise or artlcl* of value, where the prize is drawn by lot or chance as an iU' ducement tor attracting . people to theatres, etc. The attorney general's office ruled recently that the state lottery law is confusing as to its ef' feet upon bank night, and pointed oirt ttjrt juries in several cases liave refused to convict defendants under the lottery law. Paulson also sponsors a bill provid- ing tiiat buildings used for gambling or lotteries may. be closed one year under ttie nuisance statute. ODtlaw Job Night . Lincoln, March 14. 'Job Night,* off-spring of bank ni^it, for which a grave was dug by the supreme courtts lottery de- cision over a year ago,- was also ■called a lottery in a ruling this week 1^ Attorney-General Walter John son. Johnson, in his ruling, said it was « thinly veiled, attempt to get around the bank ni^t lottery decision, but was essentially the same Icind of lot teiy.' U Raises Salesmen In keeping with its policy of promoting from witiiin the ranks, Universal 'lias elevated several memljers of the sales staff and shifted others. R. O. Wilson, salesman in Portland territory for four years, goes into the managerial spot vacated by G. C. Craddock. Craddock, manager of the Portland exctiange, became manager of the Indianapolis ex- change. Floyd Brown, formerly Indian- apolis exchange manager, has resigned. W. M. Richardson, formerly manager at Charlotte, N. C, has been shifted to New Orleans where he will be the new branch manager. Richardson has been on special assignment to Harry D. Graham, district manager out of AtlaAta Cedar Rapids, March 1^ Union projectionists and stage- hands here and in 17 other Iowa towns are marshalling support to de- feat a bill introduced in the Iowa State legislature to abolish bank nites. George Hartnett of Des Moines, secretary of the State asso- ciation of lATSE, said that 22 ^nlons, totaling 3iOO members, were working with theatre managers to keep bank nite as is. It is estimated that 200 Iowa thea- tres run bank nites every week. Del Police Crack Down On Commercial Bingo Under 'Charity' Auspices Detroit, March 14. Prodded by civic organizations, Detroit police appa^ntly . are mak- ing an earnest effort to' drive out commercial bingo, keno and other games which have been heavily denting, theatre and nitery box offices. Police last week c acked down on two femmes \klio'v.- been running charity bingo throughout city tor the past several months. They were told to either halt the contests, or bo taken to court Police said the women ran games in various halls in names of charitable iiistitutlons, but that amount reaching the institu- tions often, ran as low as $3. Meanwhile, state police, under orders from Gov. Frank Fitzgerald, are continuing their war on gam- bling spots throughout Michigan, and tr similar drive is expected on De- troit niterles, which have been har- lK>ring slot machines, etc., of late, to help meet the rent in the face of brutal nocturnal biz here. UNIONISTS IN nCHT TO RETAIN BANKO Fke Fatal ToProjectiomst; Student Injured Syracuse, March 14. Flames that swept throu^ the projection booth in the Strand, Phoenix, last week claimed the life of'Hollls Haskell, 22, projectionist, seriously burned a highschool stu- dent, and endangered the lives of som;^ 50 patrons. Haskell died a short time later in a Phoenix sanitarium. Joseph Gard. ner, 17, friend of Haskell, who was in the booth at the time, escaped death by jumping from a window to the lobby floor. 10 feet below. He suffered severe bums about the head and face. While the patrons left the theatre In an orderly fashion, Edson Wilcox, 18, fought his way into the blazing booth to drag the unconscious opera- tor from the flames. He and others lowered Haskell down a ladder to the lobby floor. Firemen made short work of the blaze, confining it to the projection room. Mentana Hits Games Missoula, Mont, March 14. The first attempt to stop games in Montana theatres was made last wedc wlien prosecuting attorney Edwocd- Dussault filed a complaint In district court asldng Fox -Missoula Theatre Corp. be restrained from conductiBg bank nights. John Taylor, manager of Witana and (^Rialto theatres, aaiBCd in the action, along «wners of the buildings. the was with No-Payoff Snit St Louis, March 14. Claiming there was no - pay-off after he hit a $390 bank nite jack- ptft in 1036, at the Majestic, down- town deluxer in East St Louis, Clifton Reeves, a railroad man, last week filed suit for the coin, plus in- terest in the city court . Reeves, according to the petition, admits he got a check for $350, but claims the theatre manager, Milton D. Lewis, refused to countersign the dieck, preventing htm from collect- ing. STORY BUYS Hollywood, March 14. Metro purchased 'Music Is My Faith,' Marya Mannes' biography of ber father, David Mannes. Warners bought 'The Right Way,' by Dore Schary. George Broadhurst sold The Crim- son Alibi' to Warners. RKO bought 'Anne of Windy Gables,' novel by Ii. M. Montgomery, with an option on other 'Anne' tales. Akron Mgr. Arrested For Giveaway Stunt Akron, March 14. Akron neighborhood theatres* rush to climb on some sort of a giveaway bandwagon, along with double fea- tures, bumped sqtiarely into the law when Harry Brown, Jr., manager of the Highland, was arrested for oper- ating a game of chance. Brown*s hearing is scheduled for Thursday (16). He's under bond of $500. Brown*s arrest followed his laimch- ing of Hefund Nights.' Brown de- nies he violated any lottery laws, holding that he was merely present- ing patrons *with gifts in apprecia- tion of their patronage.' EOFALONG IR LATIN Hollywood, March 14. Hop'alohg Cassidy goes romantical- ly Latin-American in the forthcom- ing 'Double Dyed Deceiver,' with Tito Guizar singing baritone in sup- port of Bill Boyd. Shooting starts this week on loca- tion. TITLE CHANGES Hollywood, 'arch 14. 'The Puaring Crowd' is the release title for 'The Roaring Road' at War- ners. 'Sudden Money' is final tag for 'Sweepstakes Millionaire' at Para- mount Columbia switched from 'Plane No. 4' to 'Only Angels Have Wings.' . 'Oklahoma Trail' is new handle for 'Prairie Ni^ts' at Columbia. 'Heroes of the Desert* tiecame 'Night Riders' at Republic. 'Cupid Goes to Press' hits release sheet as 'When Winter Comes* 'at 20th-FQX. $25,M« V.C. Fire Kansas City, March 14. The Isis theatre, Fox-Midwest 'A* nabe, was gutted by fire -early last Thursday (9). Fire broke out in the theatre lobby about midnight spread tlirough the. air conditioning vents to a hollow ceiling and broke out anew on the stage. Following third alarm, 10 fire companies fought the flames more thaii eight hours. Loss is estimated at over $25,000, exclusive of damajge to the flve-story Wlrthman building which houses the theatre. Fire Destroys N. T. Star The New Star Casino, old New York theatrical and sporting land- mark in Harlem, was destroyed by Are yesterday (Tuesday). Front part of the building, originally erected as an armory in 1889, was occupied by the Star theatre, which played burlesque for a time. In recent years building was occu- pied by the Harlem Sporting. Club, and latterly used as a roUer-skating rink. Inside Stolf-Pktiires Showing of Paramount in the final quarter of 1038, after only lukewarm earnings in previous three-quartiers, resulted from deliberate planning for brilliant fourth-quarter profit showing, according to opinion in Wall Street Financial observers who have been following tha progress of Par during! the past year were aware that considerable picture costs were written off in the earlier quarters, indicating that, the company hoped to have clear sailing to pile up earnings in the last three-month period. Even so, the net profit in excess of $2,000,000 tor a single quarter was mudi greater than many had looked for. Rick Ricketson, Charles Skouras, Dick Dickson, Al Gould, Bill Lyris, Tom Berta, Wllford Williams, all associates of Fox theatres in the west and tar west, along with Gregory Duffy of Metropolitan Engravers and C. Watt Brandon, owner of .the Kemmerer CWyo.) Gazette, are the . dramatis personae of a book tagged "On the Big Game Trail,' which tells the story of a big game hunt In the Red Desert and Jackson Hole last season. Writtea by Brandon, it is a profusely lUustrated and descriptive book telling the various incidents and adventures that took place during the hunt Deal constmmiated recently with Underwood & Underwood covers all picture work at the tivtr York World's Fait-, as well as still photography. Sole exception is that U. & U. will not have say-so on regular newsreel coverage, the newsreels being protected to this extent However, the con- tract means that any picture company intending to make a short or feature using the N. Y. Expo for a background must receive permission from U. & V. This probably will keep several firms, intending to make features With the fair as a backgrouund, from carrying out plans especially if charged anything by the fair picture contractual firm. Owners of the 4,200-seat Minnesota theatre, Minneapolis, recently relin- quished by the Paramount Northwest circuit still have made no progress toward obtaining a tenant In ttie meanwhile they are getting no revenue from the property, but must dish out ground rental, taxes and Insurance aggregating more tiian $80,000 annually. Some wagers are being made in local sbow circles that the ^,000,000 showbouse never will be reopened, that the owners will be forced to hand it over to the ground owners to save ground rent and taxes and that eventi]^lly it will be torn down for a parking lot Paramount is swarming with foreign offers for the loan of Isa Miranda since the release of 'Hotel Imperial* in Europe. Latest Is from L'Herbier,- French producer, who wants the Italian actress for 'Dame De L'Ouest' to be made in Paris this spring. When La Miranda was lifted from the 'Taza' cast Paramount would have turned a willing ear to offers from France, or anywhere. Now the studio is rushing work on her next picture, 'Madame Mystery.* The Georgia senate last week unanimously adopted a resolution urging Metro not to produce its proposed pic memorializing Dr. William Morton, Boston dentist as discoverer of anaesthesia because it would be inaccurate in fact and a hoax upon the public. Resolution pointed out that Dr. Crawford W. Liong, Georgia medico, first used ether as an anaesthetic in an operation at Jefferson, 6^, on March 30, 1842, and that this fact is inscribed on his statue In Washington. Paramount Film Distributing Corp., a wholly-owned subsidiary incor- porated under the laws of Delaware, was formed last week by Paramount' Pictures, Inc. Paramount Pictures Distributing Company, Inc., the parent company's wholly-owned New Jersey subsidiary, was merged Into the new corporation, new company carrying on the distribution business of the old. Entire change was made to simplify the corporate structure and readjust it for easier handling on tax matters. A. K . Blank, Des Moines Paramount circuit partner operator there, has been approached with the proposal to build a television setup and to go Into the field on an experimental basis immediately so as to b« on the scene when picture-radio comes in commercially. ' Blank, however, indicates that he is not too hot on the general Idea at this time, failing to see how his organization will get off the nut on an investment that will run up to $250,000. Zmm GROUP RAPS BINGO AS CRIME HYPO Rochester, March 14. Prosecution of Bingo game opera- tors in Rochester looms following blast by Federation of Churches. Police chief Henry T. Copenhagen said he had received no complahits against the games, but would confer with safety commissioner Thomas C. Woods and the district attorney on procedure. The federation charges that Bingo is one of several forms al gambling that have become a menace to the community, encouraging dishonesty and leading to crime. ' Bingo now is operated in. connec- tion with several Catholic churches, clubs, practically all nabe theatres and four downtown houses. BOB THEATBE OPS Spartanburg, S. C, March 14. J. C. Holland, operating Lorman, Tucapau, S. C, theatres, was robbed of $200 receipts from both houses when he and his wife returned home at midnight after closing shows. The theatres are about 10 miles apart. Two armed bandits hid in their home and tjound -Mrs. Holland hand and foot when she entered carrying portion of receipts. They waited un' til Her husband came in and gave him the same treatment Lifting a load from studio flackeries. Academy of Motion Picture Arts and Sciences has taken on the job of answering iall letters addressed to prodttction companies for information about picture-making methods, These inquiries, coming from aU manner of educational institutions from universities to grade schools, have reached huge proportions In the la^ few years and clogged clerical business at the studios. Studio execs plan a heavy cut in preview passes, not only to whittle down expenses, but to get a more accurate public reaction to new pic- tures. Average preview Annie Oakley list is close to 1,000, more than half of which are paid for by the studio at b.o. rates. Preview audiences uiider the current system consist largely of claques from studios and agencies. Result is a biased instead of a popular reaction, One actor without Hollywood ambitions Is Martin Goodnight Blackfoot Indian moppet who had a feature role in Shirley Temple's 'Susannah of the Mounties' at 20th-Fox. Although he made a fine impression on Darryl Zanuck, the young redskin prefers the reservation to the studio. As soon as the retakes are washed up. Goodnight goes back to Montana with Father Cullen, head of the Indian Mission scfaooL Cecil B. DeMille's 'Union Pacific' will not be released outside of the United States under that tiOe. MHiile okay for domestic distribution. Para- mount realizes the titie is more or less meaningless abroad as to the part played by the railroad line in the development of the West Film probably will have several different tags in the foreign market Absence of 'leg art' stills of Norma Shearer to go with her co-starrlng role in 'Idiot's Delijght,' has prompted some city desks in the east to grab shots direcUy from the theatre screen. Claimed to have secured clear-cut photos by using candid camera and high speed paper, latter making extra llghtmg unnecessary. Hollywood influence caused British newspapers to change the old title, Peggy and Partner,' under which Chic Young's comic strip, Blondie, had been runnmg for years. With Columbia's picture, 'Blondie,* doing big busi- ness in London', the Daily Sketch adopted the American tag for the strip, and other English papers are following suit Cost of living was upped 10c. per meal at Uie Cafe de Paris on tiie 20th- Fox lot by 'William Koenig, production manager, in his drive to lift the eatery out of Oie red. Modernistic tables are being introduced to do away With white tablecloths and laundry bUls. Company's loss lant year was the heaviest since the cafe opened. » direct and hidden taxes Included in Uie price of Uie average ^f-^^-^V'^y^^ according to Dr. Winnie M. Sanger. Oklahoma City, of Oie National Consumers Commission. She said, 'More tiian 16% of Uie price of the average admission ticket is due to the imposition of 41 federal and 20 local and state taxes.' With its March issue, March of Time begins Its flfUi year, Oiis release Demg its SOth. Wednesday, March 15, 1939 PICTURES VARIETY 23 Pic Cos. Win Right to Info from Gov t On Chief Phases of Anti-Trust Suit Tha U. S. Government will bave to furnish particulars on the most Important phases of its anti-trust suit aeainst all the major producers, dis- trlbutors and aflUiated theatre cir- cuit operators; Federal Judge WU- liam Bondy, ia bis decision -handed down last week (8), granted the de- fendants' demands in respect to 51 specific requests for information, out of a total of 159. Broad general allegations of whole- gale violations by defendants will hot have to be particularized by the government attorneys. Where spe- cific violations, acts of monopoly, conspiracy or coercion are alleged, the defendants are entitled, however, to Have full information. Among specific points the defend- ants want particulars on are whether It is claimed defendants integrated production and exhibition facilities by contract or agreement and, if so, identification of each such attempt to monopolize; whether claim of monopoly in flrst-nm metropolitan theatres rests solely on defendants' holdings of theatres and location of theatres so controlled; whether de-^ fendants entered into any contract to exclude product of other pro- ducers from their flrst-run theatres; did defendants act by agreement in not going into competitive areas in acquiring theatre circuits, or in division or territories; specific ih- stances of coercion or distress methods employed against indie ex- hibitoi-s to compel them to sell their houses, and particular transactions complained of, Identification of specific areas in which defendants are alleged to have had an independent monopoly of the market; nature- of such monopoly and how long it existed; have defendants monopolized production and distribu- tion of all features, or only of features of the better grade and quality; were there any agreements between defendants to loan most val- uable stars and featured players un- der contract; specific and individual trade practices claimed by govern- ment to be harsh, onerous, unfair and ' which might have restrained trade. Have such practices been imposed oh indies only in situations where ex- hibitors are in competition with an affiliated theatre; name benefits or advantages obtained by defendants through agreements which put them In control of production, distribution and exhibition and which defendants received them. Classes UA As Prodncer Judge Bondy granted application of Columbia Pictures for particulars in 46 separate claims, but refused United Artists a stay of the Gov- ernment's request to examine the company's officers. He refused to strike out UA's claims that they are not producers, but only distributors and stated that this issue is still in doubt. If it turns out, during the trial, that UA is right, Bondy stated UA will not be prejudiced by its in- clusion as a producer at this time. In Bondy.'s decision, the Govern- ment was granted permission to fur- nish any particulars it doesn't now have, whenever it obtains the neces- sary information, but in no event shaU further particulars be furnished later than 30 days before trial. De- fendants must file their answer to the Government suit within 2Q days of the furnishing of the first bill of par- ticulars by the Government. Department of Justice spokesmen are now of the opinion that ihforma-. tion sought by defendants will be compiled and. furnished within a month and even sooner. They said Judge Bondy's decision was a middle •of the road course, Paul Williams, government trial counsel, expects to file particulars within the next fortnight. The Gov- ernment expects defense counsel to ask tor a further delay after partic- ulars are filed, to give them sufficient time for study of specific allegations, but will oppose a longer stay than 20 days. Ask UA Examination An order was submitted to federal judge William Bondy in N. Y. yes- terday (Tuesday) by the Depart- m.nt of Justice for the examination of Harry J. Muller, treasurer of United Artists, and Edward C. Raf- tery, secretary. Examination sought will take place befo- > W. G. Briggs, notary in the U, S. Federal Court building on March 21, if Bondy Srants the request. - This Is in connection with Judge Bank Wins Appeal Of 400G aaim Vs. Fox The Trust Co. of Georgia, trustee under a Fox Theatres indenture of 1938, was granted the right to appeal to the circuit court of appeals by Federal Judge William Bondy in New York Friday (10) from a de- cision of Circuit Judge Martin T. Manton last January, who okayed the plan of dissolution of Fox Thea- tres. The trust company has a $400,000 rent claim against Fox ' Theatres, which is treated as a general claim under the plan. It wants priori^. HAMMONS EAST TO SET GN IN ORDER E. W. Hammons, president of Grand National, will be in New York by the end of the week to. con- fer with J. H. Skirball, y.p. They will confer on plans for putting the GN house in better order. Wtiile financing of GN production on a par with the number of pic- tures announced by the company represents part of the difficulties, the tnain problem is said to be getting administration and production bet- ter organized. GN, taken over by Hammons and associates late last siunmer on its re- organization in 77B, ' scheduled a program of 66 pictures this season. A total of 11 have, been made to date and a 12th is set to start on Skir- ball's return to the Coast, probably Monday (20). This will be 'Main Street' Miracle,' for which Margo has already been signed. Creditors of GN are reported wait- ing to see what develops following Hammons' trip east. His excursion may mean additional immediate financing. ROCH. TO GET TASTE OF 'GOOD OLD DAYS' Rochester, March 14. Nostalgia for the 'good old days' of the Eastman theatre leads the Rochester Civic Music Association to recreate a 1929 show for two per- formances (17.-18). Event will cele- brate 10th anniversary of the asso-" elation, which has grown to nearly 6,000 members. Civic orchestra will play the- over- ture and accompany the film, just as in the silent days. Feature will be The Last Command,' with Emil Jannings. Oldie shorts and 1929 newsreel will be used. Stage show with Inez Quinn and Harold Single- ton, singers, and Thelma Biracree, Marion Tefft; Ruby Bohrer and Norina Barrett, dancers, of the old Eastman Theatre Co., also aims to bring back memories. Alice Couch, 73, retired wardrol>e mistress, will be backstage. The two evening performances will be free and limited to Civic As- sociation membership. Grainger Sets Four Regional Rep. Meets Hollywood, March 14. James Grainger, sales chief of Re- public, following discussions with prexy Herbert Yates, announced four regional sales conventions for company as follows: Houston, April 7-8; Chicago, 11-12; New York, 18- 19, and Frisco, 27-28. Grainger leaves tonight (Tuesday) for New York, making several stops en route. Bondy's order allowing the examina- tion of officers and officials of UA in order that the Goviernment may determine the status of the com- pany as a producer. BIG PUSH AT MONO; FIVE FILMS TO ROLL Hollywood, March 14. Five productions roll for Mono- gram In the next two weeks, begin- ning tomorrow (Wednesday) with •The Wolf Call,' co-starring John Carroll and Movita. 'Boys' Reformatory* and 'Prison Born' start Monday (20), 'BulleU and Blizzards' goes (23), and a Jack Ran- dall western (31). New Indie Spot To Get Product Despite Opposish Minneapolis, March 14. Local film exchanges have been notified by their legal departments that they must sell product to the newly constructed Grant, Eveleth, Minn, built by Sam Edelstein in opposition to the two houses al- ready being operated there by Wil- liam Krause. Exchange managers here took the stand that the Edelstein invasion of Eveleth' was unwarranted because, they felt, two theatres there were sufficient for the needs of a^ town of that size. Edelstein asked for first-run prod- uct or, in lieu of that, second-runs. The exchange heads argued that sec- ond-runs would injure Krause. Edel- stein then employed legal talent to assist him in getting his 'rights,' After some correspondence with the h. o.'s, instructions were forthcoming from the legal departments. PAR^OOPER MERGER SET A permanent partnership between Paramount and the J. H. Cooper In- terests on a SO-SO basis to cover the Nebraska string, which Cooper oper- ates for Par, may be closed shortly. Negotiations are being carried on in the east, where Cooper makes his headquarters. A lifetime partnership between Cooper and Par, as being worked out, does not include the Standard Thea- tres Oklahoma group,' in which War- ner %ros. is interested with Par and Cooper, U SPLiniNG SALES CONFAB THREE WAYS Universal is planning three re- gional sales confabs this ye^r instead of one big national convention, . They probably will be held next month in Chicago, San Francisco and in some eastern city. Plans were dis- closed tliis week by W, A. Scully, U's general sales manager, just back from product conferences on the Coast Of the 40 pictures which Univer- sal will produce for 1939-46 (three will be made for U by Harry Ed- ington), Scully said that 17 will be definitely budgeted as A films. Be- sides the 40, Universal will have seven Johnny Mack Brown westerns and seven outdoor melodramas fea- turing Richard Arlen and Andy De- vine. Frisco Appears Set For MPTOA Convention Motion Picture Theatre Owners of America probably will hold its con- vention this year in San Francisco. Meeting is set for September or Oc- tober, and will enable the visiting exhibitor delegates lo attend the Golden Gate exposition. Session last year was held in Ok- lahoma City. Talk of holding the convention in New York was dis- carded because of probability that hotel rates would be high and ac- commodations difficult to secure. WB Paints Bright Fmancial Future: May Resume Pfd. Stock Dividends Variety Chb's Conclave Now Set for April 28 Detroit, March 14, Conflict with previously skedded distributor-exhibitor district meets has necessitated ' moving national pow-wow of Variety Clubs back one week to April. Official headquar- ter: will be in Book-Cadillac hotel here. Annual formal stag dinner will be held April 22. Frank J. Downey is banquet chairman, while heading convention arrangements is John E. Flynn. WINTER SALES MEETS GET COASTOK Los Angeles, March 14. Spurred by the decision of a num- ber of major distributing organiza- tions to hold sales conventions con- siderably earlier this year than has been the custom in the past, dis- tributor representatives on the Coast are suggesting advisability of holding midwinter sales conferences and advancing the annual selling season from summer to winter months. Warners, with a sales powwow just completed this week in New York, earliest oh record, is setting pace for the majors this year. 20th Fox will hold its national sales con^ vention March 30 in Chicago, and other majors are seriously consider- ing moving customary May or June powwows ahead. Film companies years ago emU' lated legit theatres by launching new seasons in early fall. Sales con' ventions were held during summer months and new selling seasons put under way during June or July. In many parts of country, filmeries are frequently forced to close down dur- ing summer dog days, and all spots, regardless of improved air-condi- tioned theatres, are more or less hit during hot weather period. Distributor reps here advocate the idea of the film season being put on a calendar year basis, rather than the time-worn fiscal year plan. This, they point out, would bring film sell ing time to winter months, when ex- hibitors are in better frame of mind to discuss next season deals, due to general uptrend in business cus tomary during that period, and with market usually surfeited with high grade product GREENMAN BACK WITH F&MASDISTRICTMGR. St. Louis, March 14. • Harry Greenman, who left the Fanchon & Marco interests here sev- eral years ago to branch out as an indie operator, has returned to the fold and has. been made a district manager of the St. Ielieve there Is little likelihood the company would pay off almost $3,000,000 in accumu- lated back dividends and incline rather to the viewpoint that pre- ferred dividends are likely to be re- sumed instead. Security given by Warners for the $6,000,000 in loans from two N. Y. banks and one in Illinois involve pledging all the capital stock and all of the owned indebtedness of . Warner sub.<:idiary companies, such as Stanley Co. of America, First Na- tional Tlieatres Corp., and the North- eastern Theatres, Inc. ' Additional security, to be pledged when the indebtedness under the barking credit cont-act reaches $3,- 000,000, calls for WB executing and delivering a mortgage on its Coast studios. At the option of the banks .tliis mortgage may be increased to the total amount borrowed. 'Snow Wbite' on Dnd At 15c 'A Mistake/ After Exhibs Sqoawk Minneapolis, March 14. Exhibition of 'Snow White' as one end of a double feature program at the 15c Crystal theatre in the lower loop here was without authorization and without the knowledge of L. & Goldhammer, RKO branch manager, the latter asserts. Goldliaromcr has assured angry neighborhood exhibi- tors that 'it won't happen again,' The Crystal theatre contract dldnt call for any double featuring of 'Snow White,' but Irving GiUman, its proprietor, explains 'it was all mis- take.' The policy of the grind sub- sequent-run house is double features, he explains, and he thought 'Gold- hammer knew his intentions,' GUI- man leiarned differently, however, when the furious RKO branch man- ager called him on the carpet Relative to the reduction in per- centage terms from 40 to 30% after Goldhammer had announced that under no circumstances would the picture be sold for less in the- Twin Cities, the RKO branch' manager says that the 33% for the hold-out Minneapolis . and St Paul inde- pendent neighborhood exhibitors ap- plied only when the receipts failed to reach a specified figure. In - a number of instances under the 30% contract, RKO has received up to 60% for its share of the split ac- cording to Goldhammer. MONO'S TEACHES Hollywood, March 14. Monogram pactcd Fanchon Royer as advisor on a scries of six kid pic- tures featuring Jackie Moran and Marcia Mae Jones. First of group .goes into produc- tion In two weeks. $250,000 Suit Vs. lime Begins in N: Y. Trial of Lou Goldberg's $250,000 plagiarism action assinst T'm?, Inc., started in the New York supreme court Monday (13) before Justice Ferdinand. Pecora. Goldberg claims that In January 1933, he submitted the idea to Time of adapting its radio programs to motion pictures. It. is alleged that Roy E, J particular; is believed to have stirred the studios to action. Deal is not only- on a percentage of the picture profits (a type of contract Hollywood has previously nixed), but was ne gotiated before the play's premiere out of town. Fact that the buyer is Katharine Hepburn also raises the. possibility of similar actor or actor- author deals in the future, which might bring about an entirely new setup in the legit-film situation. Other percentage deals already set involve 'Abe . Lincoln in Illinois' and 'Of Mice and Men.' Undoubtedly a potent factor in the present picture is the new Gordon- HKO tieup. Through his Max Gor- don Plays and Pictures, the legit showman will head a imit production outfit for the studio, with' the latter advancing coin for legit buys, film production costs and subsequently releasing the completed pictures. Gordon bought 'Abe' under that ar- rangement and has a deal in the works for 'American Way.' In the latter case it virtually amounts to RKO backing Broadway legit pro- duction, as Gordon is co-producer of the Kaufman-Hart spectacle. Film Execs on Own Since any other studio could get around the 'secret agreement' by set- ting up similar unit production deals with Broadway showmen, it is evi- dent that the studio boycott of the Guild's Minimum Basic Agreement is now little more than a gesture. That is particularly so In view of the known fact -that even while the film companies themselves have refused to participate in Broadway financing, a number of their executives have invested, ostensibly, on a personal basis. Studio opposition to the Minimum Basic Agreement was obviously based on financial reasons, so it is evident that Hollywood will quickly resume legit production any time it seems profitable. As far as Warners is concerned, that company has ap- parently just about decided to re- enter the Broadway field, chiefly from a desire to produce the Kings- ley play. Pointed out, however, that Warners profited from its legit activ- ities under the old MBA, whereas some of the other- studios, notably Metro, incurred substantial losses. If and when Hollywood does re- sume legit financing under the MBA, the 'Philadelphia Story' deal has pointed the way for film buys to be set before production; with the actual price set on a percentage of the pic- ture's gross. .That is not the same method as would be used under the •Wharton plan,' which calls for the price to be based on the gross from Broadway run. House Mgr. Moves Up as Reade s Ass't; Theatres, Exchanges Active Fex-Mldwest Beopens House Kansas City, March 14. Fox-Midwest is reopening the Il- linois, Jacksonville. 111., this week, following a complete renovation and modernization of the former opera house. Ralph Bartlett is the man- ager. • Illinois is a 1,200-seater. Fox also operates the Majestic in Jackson- ville. , Lincoln Doings Lincoln, March 14. F. W. Anderson has reopened the Joyo here. Theatre has been dark a year. Joe Jacobs, Minneapolis, Is doing this territory as Col's new exchange manager in Omaha. He replaced iz Wainer. M. Biemond, manager of the Ord, Ord, Neb., is in the hospital with a broken collar bone after an auto wreck. Plans for building a new theatre are underway in O'Neill, Neb., by Sumner Downey. It will be operated by Mrs. CJeorgia O. Rasley, who op- erates the Royal here on a lease ar- rangement . -Pa. Honse Sold Pittsburgh, March 14. Roscoe theatre, Roscoe, Pa., near here, has been sold by Andy Batti- son to Sam Paletta, of New Kensing- ton. Battison, however, Isn't with- drawing from biz entirdy. He will continue wih his brother, an Export, Pa., exhib. Mike Karolcik, owner of Perry, nearby Perryopolis; Psl, soys, he'll be a candidate at next piolUng day for re-election as a Fayette county com- missioner. Harry Seed, head of WB exchange here, was named zone chairman for annual Will Rogers memo-ial drive. Coast Activities Los Angeles. George Smith is remodeling a mar- ket building to be opened shortly as Regal theatre. Smith also op- erates the Jade. Spyros Cardos and Harry Marx traded managerial jobs, Cardos shift- ing to Grauman's (Chinese, and Marx to Loew's State. Fox Uptown theatre reopened Fri- day (10) after reconditioning at a cost of $11,000. Gene Kohler, formerly at the Strand theatre, Pasadena, named treasurer of Grauman's Chinese, re- placing Lon Mengston, resigned. Vpsal, Phlliy, Changes Hands Philadelphia, March 14. Upsal theatre here has changed ownership to I. Edward Kapner and Sidney A. Kapner, both ops of other houses in this territory. It will be extensively altered and redecorated. Unique theatre, which, recently changed hands, reopened Saturday night (11) after undergoing renova- tions and modernization of equip- ment It is npw owned by I. Yaffe. Joe Jacobs, of Minneapolis, has assumed managership of the Colum- bia distribution offices here. He suc- ceeds I. M. Weiner. 32 INDIE SPOTS INBUYINGPOOL Columbus, March 14. A product-buying pool has been started hers with th« fonnatlMi of the Theatr* Service, Ific.,'' a non- profit Ohio corporation. Nina ex- hibitors, operating 32 houses in four Ohio cltl^ form the pooL Tem- porary offices have been opened In the Grand theatre building here. Virgil' A. Jackson la president F. W. Rowlands v.p., and Max Stearn secretary-treasurer. New York Theatres THERE'S A BETTER SHOW AT THE JAMES CAGNEY , "The OKLAHOMA KID** A Warner Bros. Picture ON THE STAQB WILL OSBORNE and Oreh. STRAND — 25c Braadmr ""d Street PARAMOUNTbSS^ •V. "King of Chinatown" Adm H>r Wons Akim Tamlroir la Penni' cmcK WEBB And Baad KUa ntzgerald ?i*xr MUSIC HALL lOVE AFFAIR" Spectacular Stag* Produotiona 7lh AT.A SMta St. ROXY AIjI oee TO SEATS 1 LPM. HELD OVKU "THELiniE PRINCESS" — On the Stas* — Nelr Btaie Sbaw "3 SMART GIRLS GROW UP" AKIIBT8 niVULI at4MhSL Deen Otm *Dt AJI. ■ IDNITE SHOWS MXLSON EDDY |fn"LET FREEDOM RING" I Comlair Tharndar "iCB FOLLIES OF 1039" Stwilsc JOAM CBAWFOBD • •••Ob. .... i.at«H«l«iM| k taU^.iMMMmBafiiMdStMw's TGMAIiION ISth Bis Week! AaMKI-MHIt Thmilajr [ TODAY SHKABBB ^ Clark OABUS "Topper Takes in "Idiot's a Trip'T Delight" | KITTT CABIJSLB In Pemon . Geo. HAI.I. Uk Ortb li P a tree. OEOSQE HAYNAXS'S BE£TH George Maynard, former musical director of NBC's "Musical America' program, was made director in NBC production Dept last week. Originally virith NBC till 1932 as a script writer, Maynard left that spot to go to Paris to study music, subsequently returning to become 'America's' director. Jack St^p to WSM Jack Stapp has' quit as assistant production manager for CBS in New York to become program manager of WSM, Nashville. Latter is his home town. NOW IN EDITORIAL AND ADVERTISING PREPARATION Meet Edgar Bergen Even thtfugh he rates as radio's No. X comedy act Edgar Bergen found out last week that 'he's pretty much of an unknown personal!^ to New York news- < , paper photographers. Incident occurred on the arrival of the Chase & Sanborn show's cast last Thiirsday (9) at the Grand . Central station. Bergen, because of indisposi- tion from a cold, was late in getting off the train' for a group picture. As he stepped before -tile battery of cameras, a pho* tographer, pointing at Bergen, yelled: 'Get that guy out of there.' Demand for ducats to Chase & Sanborn program last Sunday (12) when 'Charles McCarthy,' Edgar Bergen, Dorothy Lamour, et al, came to New York for broadcast topped all previous demand for studio tickets for a single air show, according to NBC officials. More than 14,000 demandb by telephone, letter and telegraph were received for studio that seats less than 1,500. Fact that there was no.sre- broadcast further complicated the matter. Although the entire cast moved In from the Coaist for two Sundays of broadcasting, big yen was to see the dummy, "Charlie McCarthy,' on his in- itial appearance. HOCKEY, BASKETBALL FLOP ON N. Y. RADIO Results of experiments with the airing of basketball games by New York stations indicate that the sport will go the way of pro ice hockey as far as weekly play-by-play calling of major college games from Madi- son Square Garden, N. Y., go. NBC, WMCA and WOR all have taken shots at airing the games from the Garden without any appreciable re- sponse. NBC recently dropped Tues- day night hockey airings after sev- eral attempts, coming in on last pe- riods at 10:45. Bill Stem did the spiels. Latest of* the trio to take a stab at basket calling was WOR which recorded last -Wednesday's ' (8) an- nual New York U.-City College game and later air6d it from midnight to 1 a.m. Station intended to continue airing the games from discs if the response was healthy enough, but has since dropiwd the idea due to negligi- ble returns.' Mutual will, however, carry the national AAU tournament from Denver March 17-18, feeding it to those of its affiliates that want the games. WMCA, WNEW AltenuUves WMCA, New York, wUl set up a two-hour recorded musical show in- terspersed with various personalities to combat the pull of baseball air- ings on most of the larger N. Y. sta- tions this rummer. Station did not carry b aseba ll last year either, WHN and WNEW only local outlets carry- ing it then. CBS, NBC, WOR, and WHN have scheduled diamond pick- ups this season, latter airing Brook, lyn games with WOR afternoons. WNEW, N. Y, which last year broadcasted season's card of Newark of the Inti League, is undecided about repeating with Newark this summer. Says games have been offered but station is loath to give up a sponsored two-hour musical show In the afternoon, same apply- ing to night-time which would have to be available for Newark which plays at least half its games undar the arcs. Jersey City, also of -the Intl League which last year aired over WHN, appears to be left out in the cold as far as a New York outlet is concerned. hside Stuff-Radio Cincy Execs on the Hoof Cincinnati, March 14. Execs of local stations are on the jump. Jim Shouse, general manager of Crosley's WLW and WSAI, was due back today (Tuesday) from a brief visit to New York. Bob Dunville, sales manager of the two stations, is in New York this week and slated for Chicago next week Dewey Long, WSAI manager, is dividing time this week between Washington and N. Y. CecU Carmlchael, WLW-WSAI pub- licity director, will spend next week Iri New York. Bill Schudt director of WKRC, lefi Friday (10) for a week's stay In New York to confer with CBS of- ficials and, time buyers. Diverting cross-up directed more than usual interest toward a recent new^per ad on Tender Leaf Tea, which account Is bandied by the J. Walter Thompson agency. The ad is of the testimonial -school and has one of the characters in 'One Man's Family,' Claudia Barbour Lacey, stat- ing that she 'can't imagine Nicky (her husband) and me -failing to icome to a perfect understanding over a cup of Tender ticaf Tea.' The same day that the ad came out the broadcast of "One Man's Family' (NBC) dealt with this same character's split-up with her husband. Obviously it was « case of the serial's scrlptist working In San Francisco, not knowing what had been cooked up by the copywriter, located 3,000 mQes away in New York. Broadway legit names are i^btained cuffo for "Peoples Rally,' Sunday afternoon audience participation show over Mutual. Among the stage players .who have recently appeared are Ole Olson CHellz-a-Poppin'), Ezra Stone ('What a Life'), Nancy Hamilton and Keenan 'Wynh ('One for the Money'), Wynn- Murray ('The Boys from Syracuse') and Janice Dre- mann CI Married an Angel'). Idea is .that the guesters don't perform, but merely answer "Qulxle. Doodle' questions on the quiz part of the show. Figured the names hypo the program and giye the legit shows an ether plug. Johannes Steel, International news commentator on WMCA, N. Y., is supplementing his broadcasts with a weekly news letter. The Insider,' which he sells on an annual basis for $10 per. Profiessor Charles Hodges of New York University, collaborates on the letter. The twosome apparently guessed a little wrong in their initial issue. The letter stated that the 'selection of a liberal or anti-Fascist Pope is highly remote. The best ersons all over the U. S. and Canada. "The Lutheran Hour,* as the program, is known, began six years ago over two stations. It is now on a special net of 66 stations of the Mutual Broadcasting System. Saturday night Swing Session, a CBS weekend feature since June of 1930, drops off after next week's (18) broadcast Session has had bands of Lelth Stevens, Mark Wamow and other CBS house crews. Walter CSross is cur- rent Cut is to offsiet cash CBS is tossing into its 'This Is New York' Sunday night show opposite NBC's Chase & Sanborn hour. Nut on "New York' Is said to nin around $3,000 weekly, big stuff for a sustainer. Roy Collins, Negro porter at WOR, N. Y., for several years and a song- 'writer In his spare time, had to send two of his compositions to another sta- tion to get them on the air. As a result the tunes are being played on th* "Lucky Break' program from 'WLW, but ethering out of WOR in the New 'York area. Series offers songs by tyro composers and tells how each got his "lucky break*. Unknown to most of the' members present 'recordings were taken of the proceedings at the Nazi Bund rally at Madison Square Garden, Ne'vr York, several weeks ago and shipped to (Germany. Platters were made by a local outfit and were said to be so fine, due to accurate placing of mikes^ that wax picked up every happening, even the outburst of Dorothy Thomp- son, for which she -was ejected from the building. Court Merges Five Suits Vs. RCA; AT&T and West ' New York supreme court justice Aaron J. Levy last week granted an application to consolidate five sepa- rate stockholder suits brought against Radio Corp. of America, General Electric Co, Westinghouse, American Telephone & Telegraph and 30 individual oiSicers and direc- tors of the defendants. The judge appointed Abraham L. Pomerantz as general counsel and Max D. Steuer as • special trial counsel for the stockholders. He denied an application to ex- amine the defendants, but gave the stockholders permission to renew their application after an answer Is filed. The suit charges waste, misman- agement transfer of a large block of RCA stock to General Electric and Westinghouse, and the loss of over $7,000,000 in underwriting an $11,- 600,000 RKO bond indenture. An accounting, dan^ages and a receiver for RCA is asked. suaHT postfoheuent Philadelphia, March 14. WCAU on April 3 wlU finally air Amt)s and Andy— just 11% years late. Stan Lee Broza, program director, had the boys skedded to air at the end of 1927. They were known then as "Sam 'n' Henry.' But before the show- got started, they got another job and a short time later went to the NBC web. Now, when the show switehes over to Co- lumbia, WCAU will finally get them. WBNY, BUFFALO, SIGNS WITH PANE UNION American Communications Asso- ciation, CIO affiliate, reiwrted Mon- day (13) that it had signatured WBNY, Buffalo, to a closed shop con- tract Makes the town 80% organ- ized. Only station holding out Is WBEN. Contract with 'WBNY calls for 40- hour five-day week, time and a half overtime, no crossing of picket lines; minimum staff of five men, four- week sick leave with full pay, regu- lar vacation -with pay, salary in- crease effective July 1 and men to make up weekly operating schedule. Fitch Show Adds 22 Chicago, March 14. Fitch Bandwagon show at 6:30 p.m. CST over the red NBC web adds 22 stations to the list on March 26. Stations added are primarily through the south with a couple out- lets joined to the north midwest link. Doo Iicvy Gets a Plaque PhUadelphia, March 14. Dr. Leon Levy, prez of WCAU, Is confined to his home with the grippe and will be imable to receive a plaque tonight from the president of City Council lA appreciation of the station's contribution of time re- centiy In allowln-, a speaker to pre- sent Council's side of the budget crisis, Doc's brother, Ike, v.p. of the out- let Is expected to accept the plaque In Doc's stead. Wednesday, March 15^. 1939 RADIO VARtETY 19 Those Stalliiig Ad Agencies Slow-moving. . traditional methods which characterize one of the major, advertising -agencies almost resulted last week In the loss to It of a goodly piece of radio business. Program had been offered it sev- eral weeks ago but because of the cumbersome routine that everything bas to go tbirough.the presentation hadn't yet got around to the execu- tive on the account for which the program had been suggested. Meanwhile the same program was submitted to a small agency, which had been gunning for the above account The small agency jumped Into action and sold the accoimt on the idea of buying the show. When word of this got to the major agency there was a sudden burst of ac- tivity. A check revealed that this same presentation had been in the major agency's flies all the time. Immediate reaction was a phone call to the program source demanding what the organization meant offer- ing a program to a small agency while It was being considered by the major agency. CBS Curtseys Lennen & Mitchell To Use on NBC tbe CBS BencUey Show Columbia has waived the obliga- tion it held on Robert Benchley's air services so that the humorist is free to work on NBC for Old Gold when the cig account moves its half -hour show to the blue (WJZ) link May 23. Old Gold has the spot following 'Information Please' Tuesday nights. Martin GOsch, producer of the Old Gold stanza, who is under contract to CBS, has likewise been flagged through. ^ T. 1.1 CBS had a paper from Benchley vhlch bound him from working on another network for a year. It was Columbia that sold Benchley to liorillard through Lennen & Mitch- ■ elL ' When' the -program blows from CBS it will have completed a 26- week run. • Benchley is slated to go ofl the show for an eight-week vacation either July 4 or 11. Under the new contract which Ij. & T. has just sig- natured with Artie Shaw the ac- count has the right to keep the band In the Tuesday night spot for either Old Gold or some other Lorlllard product Benchley and his cast will broad- cast March 26 from the stage of the Capitol theatre, Hartford, where Shaw will be playing a week's en- gagement Whdle the humorist will ' from the foUoWing week on work from Hollywood, Shaw will cut into the April 2 and 0 programs from other points. CLIENTS GET EXTRACUSHION ATWLW-WSAl Cincinnati, March 14. By a 'reciprocal trade agreement' put Into effect this week, the Crosley Corpi and Its employees have placed products advertised on WLW and WSAI on their "preferred* lists. Printed copies of sponsors, their pro- grams and products have been fur- nished the flrm's purchasing agents and employees in both the electrical appliance manufacturing and broad- casting division. More than 3,500 persons are on the' Crosley payroll. Advertisers on WSAI are now re- ceiving additional blurbs for their programs and products on cards in all street cars and busses operating In Greater Cincy, via. trailers in 16 neighborhood cinemas, an electric flash sign on a building at Sixth and Vine streets, in the downtown dis- trict and on a neon sign in the Dixie Teiminal, Cincy terminus for street cars and trolley cOaches servicing Covington, Newport and suburbs in northern Kentucky, across the Ohio river. Dewel Long, WSAI manager, esti- mates that the promotional ads come to the attention of more than 500,000 persons, dally. Harry Kerr to L A. Harry Kerr, head radio p.a. for J. Walter Thompsoni.in the east has been transferred to.Hbllywood to han- dle a special account assignment His local spot wiU b« filled by Wlck- IWe Crider. ^ Other Thompson travelers to the Coast this week are Lynn McManus and Gordon Thompson, writer and producer, respecUvely, of the Rudy VaUee ahow. Washington, March' 14. Certain top - hatters in AdmlniS' tration circles are still scowling over refusal of FCC majority to reopen the tangled Wichita Falls case. Re- sentment directed at one Commish member who had been expected to go along but on the test he failed to vote as wished. Explanation whispered around political circles is that pressure applied through the medium of two Senators caused the key Individual to balk at the idea of vacating last summer's decision favoring the Wichita Broadcasting Co. Industry observers in the know wonder whether In the event of an sippeal the political wire-pulling will be brought to public view. Demand of Rep. Richard B. Wigglesworth for time on Mutual to answer FCC Chairman McNinch has added to the uneasiness of network execs. In the' past chains have automatically genuflexed when ever a Commish member asked for per mission to approach the microphone. No censorship ever attempted, for fear of giving offense that might re- sult in a lost -vote on some future application. But with the Congress' man setting a precedent and nobody knowing who will be boss from one week to the -next the industry is mightily embarrassed about being friendly with everybody while at the same time keeping out of the range of fire. Understanding is that in the fu- ture the chainswill hint they want to see scripts, even of FCC members and solons, when there is a chance the speakers may expound views about radio. One beneficial result of all the FCC questionnaires will be decrease in legal costs for present licensees who endeavor subsequently to sell their transmitters. Having such a pile of statistical data, including financial reports and evidence as to corporate identities, in the files, the Commish has informally agreed that transfer applications will be set down for hearing henceforth only when examination of the papers shows a possibility some valuable additional info may be brought out by public inquiry. For the past couple of years, it's been the exact opposite. In view of criticism about what happened in the early days, Commish as general practice has made a record on virtually every proposed sale. Friends of Commissioner Craven are puzzled to explain why Chair- man McNinch complained the ex- chief engineer's minority report on complaint procedure went further than the committee was supposed to go. Especially since Craven some months- ago embodied his thoughts in a memo wWch was shown to Mc- Ninch, who pushed it back with the suggestion the proposition might properly be studied by the complaint procedure committee. Drive of indie web outlets for definite agreement establishing limitations on sponsor freedom has beeii temporarily sidetracked. Be- cause the NAB is touching on the subject in its attempt to write pro- gram standards and new code of ethics, IRNA group last week put on the shelf the comments of the chain affiliates regarding the pro- posed declaration of policy. COLGATE CANCELS WAXINGS FOR 50,000 WAimS; ADDS 22 CBS STATIONS STILL ASKING 'What's My NameT* Beplaeed by 'Where Are They?' Philip Morris is replacing its "What's My Name?' show over Mu- tual with another audience . quiz series, 'Where Are They?' beginning March 24. Charles Cantor and Nydia Westman will be featured with Budd Hulick holding over from the pre- vious series to m.c. Idea will be to have Cantor and Miss Westman describe their sur- roundings in some well-known spot (Metropolitan Museum, for instance) and then call up members of the audience to giiess where they're sup- posed to be. There will be a cash prize angle. Johnny Green's or- chestra will do the bridging, while Charles O'Connor will annoimce. Show will air from the Mutual play- house, N. Y. Blow is the agency. NBC has had a 'Name the Place' show since Feb. 12 on the blue Sun- days at 3:30. Arthur Perry and Allen Wilson control it Ernie Hare, Air Pioneer Entertainer, Dies at 55; Set Sondry Radio Tirsts* Ernie Hare, 55, the baritone part- ner of the team of (BUly) Jones and Hare, died of bronchial pneumonia in the Queens General Hospital, N.'V., March 9. 1939. The duo rated as the first singing and patter act to achieve national radio fame. Before going into broadcasting in 1021 the team appeared in many Broadway shows, including 10 Winter Garden produc- tions, and were top sellers in the phonograph record field. Jones and Hare claimed that they were the first entertaining combine' tion to get on the air payroll of an advertiser and also the first to in' corporate the sponsor into their mike billing.' The connection was the Hap' piness Candy Stores of New York and the tag. was the 'Happiness Boys.' The act was contracted to run on WEAF, now the NBC red's New York ^^y. 'or five weeks but remained for five and a half years. Later they tied up with Interwoven Hosiery and bUIed themselves as the Interwoven Pair, In 1933 NBC gave them a couple of weekly spots on the blue (WJZ) link to try out something that the boys had described as original for broadcasting. Three years later CBS put them on to lead a community sing program. Recently the team started a Sunday matinee stanza on WMCA, N. Y. When Hare became m three weeks prior to his death his 16-year-oId daughter, Marilyn, went in to pinch hit for him without any previous experience. Besides his daughter. Hare Is sur- vived by his widow, his mother and a sister. Burial was in Norfolk, 'Va., where he was bom. Mike Carlo of Legit Joins Leighton & Nelson Agcy. Schenectady, N. Y., March 14. Lelghton & Nelson, Schenectady, Ii9S added to its staff Michael Fusco of Binghamton, .who played on the legit Stage under the name of Michael Carlo and . who recently fin- ished a 13-week series for the agency at WHN on a program sponsored by the Musebeck Shoe Company, Dan- ville, 111. (Health Spot Shoes). Fusco is a classmate there of Ed Flynn, also with Lelghton & Nelson. Same Cost Approximately — Transcriptions Three Weeks Behind — People Picked Up High-Powered Stations, Complained 'We Heard This Before' That's Different IiOS Angeles, March 14. Pet hate of fnorning dailies. Times and Examiner, is radio. Both sheets are now staging cir- culation drives. Prizes are radio sets. LOHR 'ZEROS' RADIO-PIX HGHT WRBL Joins CBS Columbus, Ga., March 14. WRBL is latest recruit to Colunv- bia chain, joining net tomorrow (Wednesday). Station owned by J. W. Woodruff, Sr., of here, who also owns WATL, Atlanta, and WGPC, Albany, Ga., is managed by J. W. Woodruff, Jr. Bill Dougherty is program director. Tonne Vice GrUtin at KHl Los Angeles, March 14, Wayne Griffin resigned as con- thiuity editor at KHJ to johi local staff of Batten, Barton, Durstihe & Osborn as producer-writer. Dave Young comes up from San Diego's KGB to fill the «pot By JACK BELLMAN Hollywood, March 14, 'Who's fighting?' Lenox Lohr wanted to kno'w when tile press lads ganged up on him for a bulletin from the radio-pictures front Film studios surely can't be running around with a' chip on their shoul der because if . they've been hurt they wouldn't know who to blame. That's about how NBC's major domo has It sized up, but immiS' takably tongue-in-cheek. Tve talked to Will Hays and . visited socially with some of the film executives,' the chain chieftain let the pencil- poised news ferrets know, 'and everything's himky dory. Tills talk of radio fighting with pictures, why that's zero.' (The major does his denying with the word 'zero'). . 'What's tiie use of fighting?' chal- lenged the maj. 'Aren't we aU get- ting along swdl and doing a grand job for each other. Even were the picture studios to pull their stars off the air, we'd still get along al right No, I wouldn't call it a death blow. Hollywood is fixed as a pro- duction center, come what may. other Answers . Other expressions . from the ma- jors were that flag-wiaving along the kilocycles is great stuff and a pub- lic service; television is still a couple of years away, and that he has no intention of stepping down as NBC proxy to assume leadership of RCA's visio setup. Transfer of division chiefs is also zero, and Don Oilman stays put as chief spark of the west- em circuit • — Let film exhibitors rant and rail, NBC has no intention of breaking up its Sunday run of shows. More harm would come if the big pro- grams were scattered through the week, he believes. New code of ethics formulated by NBC Is how being prepared for agencies, sponsors and others, IiOhr said, but admitted it hasn't changed much in 12 years. Just a few changes here and there and some- thing for the boys to go by. The major rested up in Arizona before returning to New York. AIR'S OLDEST? Colgate-Palmolive-Peet Is dropping practically all transcription cam-: paigns in April after a run of 65 weeks. Stations affected by 'the can- cellation order are WLW, Cincinnati, WTAM, Cleveland, WSB, Atlanta, WTIC, Hartford, and WGY, Schen- ectady. In place of the latter 50,000- watters the account will use 22 ad- ditional stations on Columbia, with the cost being approximately the same. It's a radical change In policy for the soap company which found that the waxed version of a serial sketch can't run effectively three weeks be- hind the live broadcast overlapping coverage causing listeners to say 'I heard this. The two shows Involved are 'Myrt *n' Marge' and 'Hill Top House.' Procter & Gamble and Lever Bros, had at one time or ah-, other tried the spacing thing and en- countered the- same discouraging re- sults. These two soap combines then made it a policy of having the tran- scribed versions cleared day and date with the live broadcasts. The two serials are also aired via disc from WHO, Des Moines, an d WOR, Newark Elimination of WHO is stUl under discussion, while In the case of WOR the circumstances are different The WOR broadcast Is a duplicate of that cleared by WABC, CBS N. Y. key, earlier the same day. Benton & Bowles is the agency oa the account Gambllox's Mnslcal Clock Ticks Off 14th Annl on WOB Claimed to. be the oldest program on the air, John Gambling's musical clock show over WOR, N. Y., Wednesday (8) marked its 14th an- niversary of continuous etherlng. Six-a-week has been sponsored about 75% of the time and is currently baijcroUed three days a week by Childs' restaurants and the other three days by General Mills. Offering setting-up exercises, chat- ter, trivia and musical selections by a four-piece outfit the session runs 43 minutes from 7:15 a.in. Texaco Ponders Heat Texaco wont decide until May whether it will stay on the air for the summer or fade when Its pres- ent obligations expire. Time- com- mitment with CBS expires June 28. About the only year the account has held on through the summer was in 1937 when It had Eddie Can- tor. GEORGE JESSEL GRABS TWO SPONSORS George Jessel, after looking for ■ sponsor for three years; has suddenly acquired two of them. He will be heard over a regional loop out of WJZ, New York, starting today (Wednesday) for Reld's ice cream. With him on the summer program will be Dick Himber's orchestra, Mary Small and Ernest ChappeU. It's a Ben Rocke production running a half hour, and Jessel will write the material In collab with Sam Carlton, who will also stooge. Second Jessel program Is for VI- talls. Starting March 21, he will be the show's m.c. Both accounts are Pedlar & Ryan's.' LIBEL PROUCnON BUI INTRODUCED Albany, March 14. Legislation extending to broadcast- ing the same privilege and protection against slander and libel suits now accorded newspapers on a fair and true report of any judicial, legisla- tive or other public and official pro- ceeding, has been Introduced by Sen- ator Frederick R. Coudert Jr., and Assemblyman Abbot Low Moffat^ both Manhattan Republicans. Moffat chairman of the Assembly ways iand means committee, is one of the most influential lawmakers in Albany. Coudiert, a flrst-year man. Is related to and associated with Cou- dert Bros., New York-Paris law Arm. The bill adds a new section to the civil practice act MONTANA LIBEL LAW Exempts Stations from Llbc! by Political Speaker* Helena, Mont., March 14. Governor Roy E. Ayers has signed a bill which relieves radio broadcast- ing stations of liability for libel in connection with broadcasts of mate* rial over which they have no right of censorship. Ed Craney, of KGIR, Butte, helped push It through. so VARIETY RADIO Wednesday, March IS, 1939 Spot Campaigns 17% «f Stodebsker Goes to BadI* Detroit Radio wUl pocket about $250,000, or 17% ol the $1^000 to be went by Studebaker iu April, May and June to ballyhoo company's new Champion car, entered in the 'Big Three' (Ford, Chevrolet and Plymouth) price "'i-emainder of kitty vrtll be divided around $600,000 to newspapers. $300,000 to magazines and about $50,000 for direct maU pieces and dealer- maUed stuff. Roche, Williams &• Cunnyngham agency, Chicago, handlmg the first disbursement, which'U probably be augmented considerably if and when new model goes over. . Eiher bally wiU cor.sUt mainly of spiels by LqweU Thomas and Tea Hi'sing, bached up by Richard Himbev's band, and wlU blanket nation wish all 50,000-watters and others used frequently. Appearance of Him- bor's orcb oh recordings is taken as an indication that, should Studebaker relum to networks next fall-^d it probably will if early reception of Its new model is any criterion— company may again use Himber as foun- dation for show as it did some years back on the 'Richard Himber and his Studebaker Champions' 'program. Telephone Company's Experiment . PbUadelphia. Long Lines department of the American Telephone & Telegraph Co. is cooperating in an -experiment with the Michigan Bell Telephone Compaiy to promote long distance phone calls through a show originating on WXYZ. Detroii and being pumped to the Michigan Radio Network. It began an initial IS- week trial period yesterday (Tuesday). N. W. Ayer is the agency on the account, i xw » » Agency indicated that considerably more similar business In other states will probably be forthcoming if the show comes up to A. T. & T.'s expec- tations. The IS-min. program Tuesdays, Tliursdays and Saturdays is tabbed 'Here's Your Party,' Commercials will plug night phone rates which go into effect 15 minutes after the show leaves the air at 6:45 pjn. Music will be by an 18-piece orch and a dramatic group will give an original flve- minute-short short story each night They'll use, whenever possible, the use of a long distance phone to win the gal, close the crucial business deal or reunite the home. Opening commercials* will be carried by the network and be general in tone. Closings wUl be made locally from each station, giving a typical night rate from the city of origin to some othei: familiar point W. L. Deneias Shoe Co. wiU start a 'Man in the Street' show on WJZ on March 27. Program will be a 'question bee' participated in by passers- by in front of various Douglas retail stores. It will air from 5:45 to 6 p.m. Mondays through Fridays. Merchandise prizes will be given to participants as well as to those who send in' questions. Similar show has been aired by Douglas on WEEI, Boston, since last laa Others are being prepared for Philly, Detroit and Chicago. N. W. Ayer is the agency, -♦ ■ Fight Price Mention Hartford, March 14. Bill Introduced by the Con- necticut Retail Package Stores Association in the General. As- sembly would make it unlawful for any radio station to adver- tise the price of alcoholic ' liquors or make' reference to the price, of alcoholic liquors. Hearing on bill set for Wednesday (22). St Lonla— Lady walked into KWK and presented a ticket for the 'Frank and Ernest' program which has been discontinued for five years. New Tork City— Ptinning commercial over WOR, N. Sunday: 'Buy American wines made by the Italian Swiss colony on the banks of the Russian river, California.' Lewis Edwin Ryan, Inc.. Washington, C lOO announcements of .65 words each, six a week. George A. Bormel Co., meat pack- of Austin, Minn., has signed for three 15 mm. spots weeWy on a 21 station CBS hookup starting April No talent siet for time yet B3.D.&0., Minn, office cleared. Dr. I. Q,' new half-hour starting on the NBC Blue network Monday, April 10, goes by spec .1 lines from Chicago to WTMJ, : 'Iwaukee, the If ".ter basic Red. Sponsor is Mars, Inc. Grant Ad- vertising, Chijdgo, is the agency. After nearly six years under Mar- shall Field sponsorship the morning ■Musical Clock' on WBBM, Chicago, shifts to Sears-Roebuck on March 20. Deal set ' through Va.e McJiinkln agency here. Hartford-Comiectleiit Tnut Co. is sponsoring a 'Voices of Yesterday* program over WDRC Tliursday nights. Program uses recorded voices of famous persons of the past KDKA, PITTSB1IBGH, NEW BIZ Kroger Grocery & Baking Co., daily announcements for 13 weeks, throu^ Ralph H. Jones. Walker Remedy Co, morning disc dhots six times weddy- for four weeks, tbrough Weston Bamett Industrial Trainlog Corp, quarter- hour show once weekly for 13 weeks, throu^ James- R. Lunke. Blv*l Doy Paddni Co, weekly participation in Musical Clock for 52 weeks; tfaroti^ Charles Silver Co. Clearfield Taxidermy Co, Shopping Circle representation once weekly for 13 weeks, direct New England • Coafeetionery, six •nnouncMfients by transcription weeldy for 13 weeks, through Lavin Co. Beanty Prodacis Corp,. Shopping Circle Participation twice weeki^ for 52 weeks, Uirough Walker-Downing. John Morrell Co, Shopping Circle and Home Forum announcements four times weekly for 26 wedis, through Henri Hurst & McDonald. Climax Cleaner, disc announce- . m=nts three times weekly for eight wseks, through Roger Williams. DaPont de Nemovrs (Cel-o-Glass), disc announcements twice weekly 13 times, through BBDO. Thompson-Koch agency, six 100- word announcements we^y. ■ Duke Power Co, renewed through J. CaT'Son Brantley, IS-minute pro- grams weekly. Maytag (washing machines), through McCann-Erickson, six 50- word announcements weekly, 48 times. WWJ, DETBOrr, NEW BIZ Taystee Bread Co, Inc.. 'Ty Ty- sen's Baseball Preview' (disc), five m'nutes six times weekly, 26 weeks; p'-ced through Campbell-Mithun, In-., Minneepolis. ArmsiroBg Cork Co, The Heart of Julia Blake' (disc), 15 minutes three times weekly for one year, renewal; placed through B3.D.&0. ntehman Brothers Co, The Rich- men Reporter* with Bob Stanton's news oddities, five minutes five times weekly. 13 Weeks, new: placed through McCann-Erickson, Inc. Poban Plant Food Co, 'Friendly Gardener,' chats on city gardening plugging plant food; 15 nilnutes weekly, new; placed through Simons- Michelson Co. Melville Shoe Corp. (for Thorn McAn shoes), newscasts 'with Austin Grant 15 minutes six times weekly for 62 weeks, new; through Neft-Ro- gow. Inc. Washington State Apple Commls- Elon, 'Health Column of the Air' (disc) plugging apples, five minutes three times weekly, seven weeks, new; placed through J. Walter Thompson Co. WBT, CHABLOTTE, N. C, NEW BIZ Southern Bearings & Parts Com' pany (Norge Refrigerators) renewed half-hour weekly, throu^ Lee An- derson Adv. Co^ Nash-Kelvlnator, through Geyer- Cornell & Newell (Nash Motors), six ohe-mlnute HCs weddy, 80 times. Bgyer-Semeson Co, through WHO. DES MOINES, NEW BIZ Natrene Ullb, Kansas City, Kans, through Simmonds & Simmonds, Inc, Chicago, I60-word blurbs, three week. Simmons Hardware Co. (Keen Kutter), St Louis, Anfenger agency, St Louis, beginning March 14 for 26 announcements of one minute each, three a week. Climax Cleaner Hfg. Co, Cleve- land, Ohio, Roger Williams Co., Cleveland, beginning March 14 for 26 periods of five minutes each, three week. Handy Andy's Household Hints.* Carter Prodaots Co, New York City, through Spot Broadcasting Co. sbc periods per week t f. lironlied Teost Co, Atlanta. Ruth- raufl & Ryan, 26 periods of SO min- utes each. HnlUns Seed Co, Corwitb, Iowa, direct Beginning March 15 for 26 announcements of 100 words each/ Northwestern Bell Telephone Co, Des Moines, throqgh Coolidge Adver- tising Co, Des Moines, 52 periods of one minute each, for a week, stag- gered schedule. Earl Ferris Nnrsery, Hampton, Iowa. Lessing agency, Des Moines, one period of 15 minutes each 'week, portion Iowa Bam Dance Frolic. Olson Bog Co, Presba, Fellers Presba,' Chicago, 42 periods of 15 minutes each, six a week. 'Hilltop Harmpnizers.' Zoller Brew Co, Davenport Iowa, through R. A. Roritz Co., Davenport, beginning March 4 for 26 periods of one hour each. Live talent The Tavern in the Town.' John Iiitcas ft Co, Philadelphia, Omohaw-^immy Morgan, WAAW cowboy songs, got burning hot here right in the midst of bis airing. His guitar, rubbing against corduroy pants, set fire to a packet of matches in his pocket and Morgan sizzled. . Tip afire,* he shouted and no fooling. Seattle— KIRO.'s new juve stanza, 'Father Goose Comes to' Town,' written and produced by Dorothy . Mason, drew letter from a child listener. 'Young- ster wrote: 'We know that in the winter and q>ring you are. Father and Mother Goose, but near Christmas you are' Mr. and Mrs. Santa Claus.* Seattle — Claiming her ' husband was so Jealous that he threatened to throw the radio out of the house because she listened to Boake Carter, whom he thought was a local man, Mrs. Armenia Van Mechelen, mother of four children, has sought a divorce in the Si^rior court Utilities Blvrb Campaign . San Francisco. ' Ten-day radio campaign on behalf of CP. (certified performance) gas ranges starts tomorrow (15) over 25 northern and central California sta- tions under the sponsorship of the Gas Appliance Society of California. During the caiiHpai gn, w hich is being handled by the Jean~5cott Frlckel- ton agency, San Francisco, a total of 600 spot announcements will be used, in addition to five-minute participa- tions on home economics programs over 12 stations. Newspaper ads, dealer cards and contests and picture slides are also being usied. Similar campaign will be launched April 10, continuing .through May 6, by the Frickelton agency for the Electric Appliance Society of Cali- fornia. Spot announcements will be placed on approximately 20 stations to plug electric refrigerators. through Campbell-Ewald; 45 for Hexol, Inc.; 30 tor Washington State Apples, also 30 transcribed an- nouncements for Antrol Lal>orato- ries. Inc. (Snarol), both through J. Walter Thompson, Saa Francisco. Colonial Dames cosmetics, through Glasser agency, Los Angeles, partici- pating in Elma Latta Hackett's. ■Friendly Homemaker* morning pro-' grams over KSFO. San Francisco, for 13 weeks. Ditto Scott Towels, through J. Walter Thompson*s New York office. Longlnea Wateh, through Arthur Rosenberg agency, New York, is spotting six announcements weekly for one year on KSFO, San Fran- cisco. California Spray Chemical Co. SA Richmond, Cal. (plant spray), through Long agency, is using an- nouncements. Axton-Fisher Tobacco Co. (20 Grand cigarettes'), through McCann- Erickson, New York, on KFRC, San Francisco, with tlirice-weekly broad- casts of 'Fu Manchu.' quarter-hour platters. Through Aug. 4. Owl Drag Co., through MacWilklns & Cole. Seattle, weekly announce- ments. Spot annonnoemeats recently placed on KFRC, 'San Francisco, in- clude 40 for Oxo, Ltd. (beef cubes) through Platt-Forbes. New York; 90 for Sail Francisco Chevrolet Dealers ClnolniiaU— 'Nation's school of the air* series broadcast by WLW has been given a part in the Kentucky State Reformatory's daily educational curriculum.' .. . Woroester, Maw— Lew Rogers, WTAG announcer, did- an unexpected overtime stint during the broadcast of the l>ope;s coronation. Set to go at midnight with the control man left in charge, Rbgers decided to stick around to see what it sounded like.- 'Station*8' standbys had been recorded so he figured he' had no worry. However, 'when first 'records standby hit the air, he changed his mind in a hiury.' Record turntable had been speeded up and his voice went out as a cross between that of a gUshlng girl, and Donald .Duck. He stuck around and did the standbys in person. ' One listener even phoned in to say that 'she thought it 'was a disgrace to have drunken women announcers broadcasting.' Phlladelpbla^KYW aired the heartbeats of a boy who four months ago was stabt>ed and had his heart sewed'up. Half -hour show was Staged for' the community fund drive. Leon Livingston agency, San Fran- cisco, now handling national adver- tising for Nestle's Milk Products; previously, only on Coast Two Atlaona outlets. KVOA in Tucson and KTAR in Phoenix, will rdease the Wesson Oil and Snow- drift Company's Monday night drama, 'Hawthorne Hoi ■ :,' aired over an NBC-Red network on the Coast, starting March 27. Program originates in the KPO studios, ^isco, and is authored by Ted Max- well. FitzCierald iagency of New Orleans handles the account five times weekly ' for 62 weeks. Placed by Benton & Bowles. WCAE. Blchntan Bros. Co.^ quarter-hour dramatized news broadcast with Peter Grant three times weekly for 13 weeks. Placed by McCann-Erick- son. WCAE. Plttsbnrgh Brewing Co. (Iron City Beer) renewed Karl Krug's Talk of Town quarter-hour on WJAS. UnlMi Oil on the Coast, after audi- tioning a dozen or niore programs; has decided to spend their appropria- tion, for the time being, in outdoor advertising. Gaston Orlgnon, WISN Milwaukee station manager, has set contract for baseball season '30 and '40 with Wadhams Division of Socony- Vacuum Oil and General IblilU, the same Joint sponsorship for the past two years. 'Wadhams has bankrolled baseball broadcasUng since 1029. Frank Casey, advertising director of Wadhams, and Harry Scott of Scott-Telander Advertising Agency, negotiated the deal for Wadhams, while Henry Bellows, of General Mills, and James Kelly and Ken Torgenson of Knox-Reeves Adver- tising, Inc, represented General Mills. Farm implement companies are going air-minded throughout Sas- katchewan. Radio stations report biggest bookings in history. Rural type shows particularly wanted with lots of barnyard music. Fact com- panies spending heavy advertising dough for first time in nine years indicates belief Canadian biz Is pick- ing up at last Pittsburgh New Biz Ironlzed Teast Co, half -hour disc show once weekly for 52 weeks, through Ruthraufl & Ryan. WCAE. Dr. W. B. Caldwell, Ine, one-miur ute disc announcements twice daily. N.A.B. Bureau Will Attempt to End Tongue - Tied Local Radio Salesmen Washington, March 14. New Bureau of - Advertising, which has been authorized by the Board of the National Association of Broad- casters, will fundamentally be an attempt to -set up in radio a central fact-finding ' and fact -marshaling salesman's offset to the newspaper and billboard arsenals. This offshoot to N. A. B. has been partly inspired by the sales managers* group of Craig Ijawren^. It reflects a deep- seated con'viction that the average radio local salesman is -poorly equipped to go up against the care- fully-documented grenadiers of com- petitive media. N. A. B. wants to make available to its station mem- bers material of the kind the net- works assemble for their own use and from the network vie'wpofait Local stations are particularly handicapped in cracking department stores which, in the main, give black and white newsprint their loving cash devotion. One specific project of the N. A. B. Bureau of Adver- tising will be to tacMe this problem, to assemble the knoftn facts and to provide ready-made answers to the points usually raised. Hie aim is to abolish the tongue-tied salesman, Banks, utilities and other adver- tisers that duck radio will also be surveyed on a broad perspective for application to definite cases. N. A. B.'s innovation will be co- captained at the start by Paul F. Peter and Ed Kirby. KFBC, Columbia, Mo, New. Bis Intentate Nurseries, Hamburg, la. (Nursery plants), 15 min. studio pro- gram 'dai^. Drpg Trade Produets,' Chicago (Peruna-Kolor-Bak), 30 mhi. studio proj^rain. 5 weekly. Benson & Dall agency. Chicago. American Popcorn Co, Sioux City (Jollytime Popcbm), 5 min. studid program S weekly. Coolidge Adv. agency, Des Moines. AroUas Nurseries, Sedalla, Moi, (Nursery stock), 100 spot announce- ments. Direct WUherson Nurseries, Columbia, Mo, (nursery plants). 10 min. studio program daily. Direct WUIard Co, Chicago (Willard*s Tablets). 0 min. transcribed pro- grams 3 weekly. First United Broadcasters, C!hlcago. Mlohlgan Bell Telephone Co. Is starting a series of IS minute shows over WXYZ, Detroit tagged 'Here's Your Party.* Will be heard Tues- day, Thursday and Saturday at 6:30 p. m. ' Will use band, tagged Bell orchestra, and drama portion will be enacted by 'Bell Players.* Placed through N. W. Ayer & Son. NaUonal Grange Mutual LUblUty ft ¥lkt Insurance Co, headquartered at Keene, N. H., is plugging its auto- mobile liability policies for Grange (farmer) members, on WGY, Schen- ectady. Contract will run 13 weeks, with five spots weekly. Delsley Joins WWJ, Detroit Detroit, March 14. Rofcert Delsley, whose "Story of Tycho Brahe'. copped first prize in the Wayne U. .broadcasting guild's script writing contest (graduate divis ion), has joined writing staff at WWJ here. Idea behind contest, directed by Garnet Garrison, was not to encour- age educational scripts as such but to encourage experimentation in writing scripts with definite show- manship appeal. KOFF, Shawnee, Okla. Liebman Frozen Foods Co., three spots daily during Lent H. ft S. Implement Co., 30 minutes weekly with Rev. E. E, GiUentlne conducting devotional service. CUrke-KeUer. Seed Co, spot an- nouncements dally. Wednes day. March 15, 1939 RADIO VARIETY 81 PORT ABIB A SUMMER AH) • ' — — ' — '■ ~ ' '■ ' — ' — ~ ~ ■♦■ CBS SETS IIS lATUS' CODE Columbia's hew policy on summer vacations for its advertisers was received with mixed opinions In- agency circles last week. Some agencies considered the plan fair from all viewpoints, while others held that it would work a hardship «n accounts that are tightly budgeted end require a recess from radio so ttiat they can take their profits while the plug momentum is still there. It Is generally believed that NBC will t>e forced to adopt a similar policy tot its two networkSi since the new policy puts CBS in the position of Offering a more favorable proposi- tion. NBC states that it is consider- Irg a readjustment of its summer policy and may announce such change soon. The Columbia vacation play is likewise regarded as giving the breaks mainly to the big advertiser and making things that much tougher for the little fellow. The big multi- ple program buyer has little to worry about His aggregate time assures him anyway of the 25% discount and by the proper manipulation of his network programs he can apply his layoff privileges to the show that will, effect the biggest saving. A case in point could be Campbell Soup, By keeping Amos 'n' Andy on ail summer this account would pile up enough 'credits to withdraw its Friday night stanza, now the Campbell Playhouse, for a full 13 weeks. One comment on the plan indi- cated that CBS has jiot been ex- plicit in requiring that if a client contracts to return in the fall with • hookup of say 91 stations it must •bide by this number of stations for more than 13 weeks. Under the 'hlatais' plan CBS will retain a spot for a customer during the summer according to 'the size of the network with which the advertiser returns to the air.' Network wiU hold time .for a period of from four to eight weeks, with the length of the vacation de- termined by the numlter of stations used in each program period. The time involved is the 7 to 11 p.m. stretch and the vacation period will be charted as follows: Network. Hiatus. 40 to 45 stations 4 weeks 46 to 56 stations 5 weeks 66 to 70 stations 6 weeks 71 to 90 stations. 7 weeks 91 to more stations 8 weeks Time will not be held for net- works of less than 40 stations. New DIseonnt Strnotore With the new vacation plan CBS has introduced a new discount struc- ture, effective April 1 for those ac- counts not signed before that date or that go off for the coming sum- mer. Under the new discount struc- ture, an addiUonal 12% is allowed for 52 weeks of consecutive broad- casting. NBC is expected to revise Its own discount setup to meet this allowance, since that web now grants only 10% extra to year-round ac- counts. CBS' old discount structure start- ed with 6 to 10 stations per week at a discount of 2^% and ended at 15%, From AprU 1 it will have to oe a minimum of 10 to 15 stations per week to earn that deduction, R«st of the structure a^ to networks and discounts Is as foUows: Fifteen or more, but less than 25 station hours per week, 5%. Twenty-five or more, but less than 45 station hours per week, 7%%. Forty-five or linore, but less than 70 station hours per week, 10%. !>eventy or more station hours per week, 12%%. Advertisers using 8.750 or more nation hours or $1,500,1)00 gross bill- ""88 per year will earn the maxi- mum discount of 25% if they stey on wough the summer. If they take a vacation they will have to be con- 'nt with 20%. Seek Snmmer Shows Hollywood, March 14. Summer show shopping has begun earnest by Young & Rubicam How's Your Hiatus? Word lilatus,' which CBS pre- fers to 'vacation,' is a pet of Paul Kesten. It caused plenty of dic- tionary-consulting last week . among the CBS sales staff, Webster: 'a break, as in a man- uscript; a gap, a chasm." WRYA'S WHOOME-DO USHING IN 50 KW. Richmond, March 14. Official dedication of WRVA into 60;000-watts class is set for Friday (17th) with seven-hour inaugural show. In addition to array of talent and talks by Governor and Mayor, program goes to Washington and to practically every historic site within the Old. Dominion for pick-ups. Cov- ering plenty of territory, as no pick- up more than three minutes, CBS salutes link member with half-hour show and all other stations in Virginia are takliig at least five- minute bows that evening. News- papers, too, in salute, with consider- able black and white material slated tor appearance dedication day. Reason for friendly press attitude is that WRVA has always kept a cor- dial, cooperative spirit in dealings with both dairies and weeklies, work- ing out occasional air-for-space swaps. Station has been taking some space in newspapers throughout state to plug Increased wattage angle, and is taking full pages in both Rich- mond dailies Friday, Program starting at 8 p.m. with all commer- cials cancelled, of course. WCAU Skips Nite Games; WTP Feeds Special Loop Philadelphia, March 14. WCAU and WIP will carry all baseball here this season. Both sta-- tions will carry all games of both the American and National league teams. Sponsors on WCAU will b« Wheaties and Socony on alternate days, while Atlantic Refining will do all the b.r.lng itself on WIP. Last season WCAU aired only the Phillies, which is out In the cold this year, and WIP carried the Athletics. . With 14 of the 154 games skedded to be played at night, WCAU will probably have to skip , these due to network commitments. WIP, with considerable manipulation, plans to carry them all. Bill Dyer wil lagain be at the mike for WCAU and Byrum Saam for WIP. Latter station will also feed a nine- station network especially set up by Atlantic for the baseball broadcasts. Stations are WPG, Atlantic City; WEEU, Reading; WSAN, AUentown; WILM, Wilmington; WGAL, Lancas- ter; WORK, York; WEST, Easton; KBO, Harrisburg, and WASL, Hazle- ton. WCKY 50Kw. Delayed Cincinnati, March 14. Power boost of WCKY from 10,000 to 50,000 watts, which was intended to be put Into effect March 17, will be delayed for a couple of. months, allowing for complete, installation of improved transmission equipment L. B. Wilson; president of the sta- tion, is expected to return next week from his winter retreat near Miami. TOTING GETS ACQUAINTED Special events reps of. the indie stations of New York met yesterday (Tuesday) with John D. Young, di- rector of radio at the N. Y. World's Fair. Subject was the final ironing out of indie pickups during the expo, which opens April 30. Young met with reps of NBC, CBS and WOR-Mutual two weeks ago. ilaffers, Joe Steuffer, Clare Olmstead and Franklin Delano. At least three of the firm's Coast shows, Screen Guild-Gulf, Jack Benny and Silver Theatre, will have mid-year replace- ments. Also in the east Fred Allen and Kate Smith will take their hot V eather respite. Idea, programs are largely in de- mand as budgets will be trimmed for the summer quarter, the chief reason for remaining on the air being to hold their time. B. C. THOMASON LOSES Mast Answer Charoh Suit tor Ac- eonntlnff on KOCT Oklahoma City, March 14. . A' motion presented by B. C. "Thomason, former operator of KFXR here, to quash tile suit of the Ex- change Avenue Eiaptlst church was overruled in district court here. He was given five days in which to enter a pleading, or 10 days in which to file an answer, The church has asked for an order to force Thomason to produce books of the station from Oct 3, 1935, to May 20, 1938. The church doesn't think it got its 10% of the net in- come. Station, following its purchase from church by the Plaza Court Broadcasting Co., was completely re- modeled and call letters changed to KOCY. FCC STILL HAS NOFUNDSFOR 1940 Washington, March 14. Continuing animosity In Congress toward the FCC demonstrated by the cold reception given commish leg- men seeking immediate action on a deficiency appropriation for 1940. At the moment the regulators have no idea whether they wiU have any cash la the till after June 30, or how much they may receive In the event the flint-hearted purseholders even- tually loosen up. As things stand no provision has been made for financing the airwave cops after the present fiscal period closes less than four months hence. The House Appropriations Commit- tee, noting the agitation for an over- hauling, almost unanimously voted to strike out the item in the President's bvdget The Independent Offices Ap- propriation bill came out — and went through the House as presented, so far as the FCC is concerned— minus any provision for the commish. In turn the Senate committee failed to remedy this defect since imdcr par- liamentary restrictions all appropri- ations must 'originate' in the lower body. The measure Is still before Congress, since conferees have been urable to straighten out all conflicts, but there now is no chance to insert funds for the FCC. The significance of this unprece- dented action is not so much that the sum approved by the Budget Bureau was withheld but the failure of a single member to present an amendment on the House floor — which would have been possible — ' giving the commish cash for 1940. Remarkable evidence of the short- age of friends, even among the ad- ministration errand boys. Alarmed over signs that the reor- ganization bills are liable to wind up in a pigeonhole, emissaries from the FCC last week made-sub -rosa -ap- peals to chiefs of the House commit- tee for prompt action on a separate money measure. The answer was stunning. .The commish was told to 'go and get your remedial legislation first' In view of the developments, the commish may receive another grill- ing even if no general investigation is ordered. To get money now it yi'M be necessary for Chairman Frank R. McNinch, departmental heads, and possibly: other members of the body, to appear before another sub-com- mittee. One even more hardboiled than that which put McNinch over the jumps in January. The defi- ciency subcommittee is made up of veteran lawmakers, the heads of all the various departmental subcommit- tees,- and includes some of the most experienced, relentless cross-ques- tioners, whereas the group which heard the commish before was made up pretty largely of newcomers lack- ing in background. Maxwell Uaee, once connected with UP service, WGY, Schenectady, and WGAR, Cleveland, joined the NBC news and special events section last week. In Ad Biz, but Pals Sales staff in the various John Blair offices make a practice of pointing up the personal touch In their relationships by ex- changing photographs of them- selves every six months. The pictures of the boys in each branch are mounted collectively in a frame and a copy is sent to each office. Blair also circulates a picture of himself at like intervals. FAN LOYAL TO ALL THE BLURB BUYERS Height of loyalty to all of the sponsors pn a multi-sponsored par- ticipation program is revealed In a fan letter to Nancy Craig of WJZ, N.Y. It reads: 1 have been followlhg your broad- casts over WJZ, 0:15-9:30 a.m., since it started last September and am glad to see you have the advertising in it I have followed your suggestions for uses of Dany'a Hand tiotion for my face and hands. We also switched to Knox Gelatine for dessert several times a week. My grandchildren like to find It In the refrigerator when they come' home from school. We may start using the Breakstone whipped butter in case our two cows go dry at the :.driie time this sum- mer when the grass gets short Now about the Lactol Nail Oil bath — people would think I was in second childhood If I went to a beauty shop for a treatment Marries, Then Off to See How Qmey Reds Look Cincinnati, March 14. Harry Hartmain, ' baseball noUncer on WC70 since 1928, was married here Sunday (12) to Tillie Skurrow, non-pro of Baltimore, be- fore leaving for Tampa, Fla., to dou- ble honeymooning' with coverage of the Cincy Reds' training activities: Clair Weidenaar, lately with WKRC on special events, joined WC3>0 Monday (13) as an an- nouncer. SELLS 'MARY SOTHERN' Tnnsamerlean Disposes of Serial to Pedlar ft Byan Transamerican Broadcasting St Television Corp, yesterday (Tues.) closed with Pedlar & Ryan for the use of the "Life of Mary Sothern' serial under the banner, of Bristol- Myers. It will plug Ipana toothpaste. Show goes transcription for 13 or more weeks, eventually shifting to a network hooicup. Stations starting the series April 3 on a five-time weekly basis are WCCO, Minneap- olis; WHO, Des Moines; WOW, Oma- ha; KMBC, Kansas City; KOA, Den- ver, and WLS, Chicago, Don Becker will write and produce, WKRC Ymn-Yiiiiis Sked Cincinnati, March' 14, Starting April 3 the Colgate-Palm- olive 'Hilltop House' and Myrt and Marge programs will be carried by WKRC, giving the sponsor 45 min- utes of straight-running time on the local CBS station. Including the cur- rent 15-minute 'Stepmother' . series. Programs will be heard Monday through Friday from 10:15 a.m., EST, feeding through the CBS net At present the 'Hilltop House' and Myrt and Marge programs, waxed, are carried on 'WLW. Amos 'n' Andy, for Campbell's soups, also will \x heard on WKRC beginning April 3, when the series switches from NBC to CBS. That series has been outletted her^ for long through WLW. BENA7 VENUTA'S AGENT Currently m.c.'ing her own half- ■hour stanza on WOR, New York, Sunday nights, Benay Venuta was signed to a one-year managerial con- tract last week by Rockwell General Amusement It's effective immedi- ately. Singer-actress was tied to a verbal contract With Ralph Wonders, now pn the Coast for Rockwell, before officially joining the agency. MIIHO-SEPT. AlfDIENCE EYED Under the impetus provided last week by 'a new summer discount and layoff policy formulated by the Co- lumbia Broadcasting System (and with such further steps as NBC may take in order not to be at a com- petitive disadvantage),, the whole subject of hot weather broadcasting comes up again. This time the ques- . tion has sharper outlines. During the past season there has been introduced the portable dry-cell radio receiver with greatly improved reception. These are selling by th« . tens 6t thousands all over the coun- try and, added to the 6,000,000 radios now installed in automobiles, ■ gives the radio industry a swell answer to the' charge that people can't or don't listen in summer. Radios will be blaring on every beach and picnic grounds to prove otherwise. The networks have devoted a lot of attention in the last several years to summer radio. Originally the story was fragmentary and the im- pressions and inclinations of adver- tisers tmited to make the summer a problem. Under the Edgar Kobak sales regime at NBC, the non-stop clause was put through as a first effort to prevent the advertiser in- terrupting his own advertising. Surveys made la 1937 and again la 1938 Indicated that the daytime radio audience diminished remarkably little in suinmer. It is not figured to ' be more than 1.0-15% under vhe Sep- tember-May period. Baseball broad- casts on the hot afternoons swell the Playtime audience notably, bringing to the radio receivers many ears not attentive in winter. The night- time summer audience loss has, how- ever, ranged up to 40%. Automobile and portable sets are not clearly reflected in the listening habit surveys, but it is expected that both NBC and CBS will send down divers this year. Armed with data on actual listening habits as against ownership statistics, the radio in- dustry will be better able to build up Its summer story. Only 2% of the population Is on vacation at any one time, it is estimated. Daniel Starch in 1937 found that the July tally of set-owners showed. 74.4 tuned in 'some time during the day' as against 82.5 'some time dur- ing the day' dialing in January, the peak of the year's listening. (These samples are based on 10,000 inter- views per quarter.) Two points are made in behalf of Columbia's newly adopted rules: Viz (a) that the general tendency is to favor the supplementaries; (b) that if the advertiser will automatically elect to regard the total yearly dis- count (25%) In relation to the sum- mer 13-week span, the cost of the heat spell, even in ratio to a smaller audience (and a presumably cheaper entertainment), evens off. Argument nets to this: The advertiser . can keep the habit chain of time, dial position and advertising story and regard the matter as a good deal if his regular discount, plus the sum- mer ' bonus discount, Is taken to- gether. Baritone Succeeds Actor As Cereal Serial Spieler San Francisco, March 14. Commercial announcer on the Sperry Flour dramatic serial, 'Dr. Kate,' will be Armand G resigned to try radio In Hollywood. New Crown CeU Show Set Crown Cola starts Its new show oh Columbia March 31. Cast will consist of Robert L. Ripley, B. A. Rolfe and th^ Men About Town. It's the Friday 10:30 to 11 p.m spot S3 VARIETT WeAneaAajy March 15, 1939 Background Buzz ♦♦♦♦♦♦♦♦»♦♦♦»»»♦♦>♦♦#«♦ I Station Ideas ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦I SOUTH Th9 Tobacco Tags,' iormerly witH WSM, NashviUe, Tenn., and WPTP, Kaleigh, are personal appearing In North Carolina scliools. Future Farmers of ' America or- ganization is regularly on the air from WSTP, Salisbury, N. C, with local farm boys doing their stuff. Steve Fuld.'.CBS station relations man, visited with Lincoln Dellar, manager of WBT, Charlotte, N. C, Ifist wcgIc Lee kirby, WBT, Charlotte, N. C, sportscaster, bade after hospitaliza- tion with a stomach ailment. David Banks, formerly with KARK, Little R6ck, announcing for KLRA, LitUe Rocic Dick Crane, KLRA announcer, on staff of KGKO, Fort Worth. Bob Calen and Art Acers, guitar duo on WBAP, Fort Worth, doing series advertising Soutliwestem Ex- position and Fat Stock Show. Nan, Hazel and Dot Williamson new on WBAP, Fort Worth. 'Jam Pantry' show. Red Woodwards orch new on show also. Bill Arms, Fritz Kuler and Len Finger of KTAT, Fort Wortti, aired the Southwestern Exposition and Fat Stock Show for the 'Texas State Net- work. Frank Payne, baritone, added to staff of the Texas State Network. Paul McQuire, Australian lecturer and writer, given a special program by WWL, New Qrleans, upon his visit Alice Roberts and Louise Taylor added to staff of W WL, New Orleans. Louie Buck, WAGA, Atlanta an- nouncer, who specialized in sports, has joined spieling staff of WSM, Nashville. MIDWEST Hundreds of songs are submitted weekly to Josef Chemlavsli^ for consideration in bis 'My Lucky Break' series on WLW. Cincy, and Mutual. He and his assistants select the best 25 of the week for final choice by a special board of judges. Latter includes music and radio edi- tors from the local dailies, a record distributor, a sheet music counter gal, and two trade press scribes, one of 'em the Cincy Vabjett mugg. ' Jean Abbey, fashion commentator, has begun a new series over KSD, SL Louis. J. Roy Stockton, who was pinch hitter during vacation of Ttahk Eschen, program director, KSD, St Louis, has departed to report train- ing camp activities of Cardinals for Post-Dispatch, owner of station. Robert Finch, ga'bber under tag of Bob Lyle, KXOK, St Louis, father of a boy. Kossow, musical director, KXOK, St Louis, and staff violinist with St Louis Symph Orch, back from second tour of season^ Bob Sampson has been upper to national sales manager of KWK, St' Louis. Jack Grogan, announcer at WHB, Kansas City, and Germaine Wiljin. vocalist at the Rathskeller, won out in the district eliminations for the Gateway to Hollywood' broadcast- ing contest ttt™^ ^J}^' City stations, KMBG, KITE, KCMO. WHB and KCKN tied-up for simultaneous broadcast m behalf of the Boy Scouts' local campaign for funds. Chick Allison, KMBC p.a., handled In cooperation with Scout organization. Station WHB's 'Vine Street Va- rieties,' local visual show, chalked up its best attendance to date (1,450 on a paid gate) in homecoming cele- bration for Count Basie, orch leader, who started it all in Kansas Ci^. Grady Cantre ll, ev angelist philoso- pher, back at KWK, St Louis, after a year's absence when he was at KNX, L. A. Lee Chesley, radio editor, KWK, St Louis, in a local hospital for ap- pendectomy. John Harvey, formerly asst ac- count exec, for General Mills, has joined KMOX, St Louis, as salesman. George W. McElhinney, Jr., is latest addition to sales staff at KXOK, St Louis, and Allen Clark, warbler,, newest addition to talent staff. Jones Scovem, recently with the Los Angeles Times, has Joined KSD, St Louis. , . J. Howard Ackley last week ticked off his 11th anniversary as announcer for WOWO-WGL, Fort Wayne. EAST Auernin Bodycombe has just been named staff pldnist at KDKA, Pitts- burgh, by Mataager Sherman D. Gregory. ■ Streptococci has laid several of KDKA, Pittsburgh, personnel low for se\reral days, among them Ed Schaughency, Janet Ross, Derby Sproul, Billy Sherman- and Alberta Brennan. Derby Sproul's "Under Western Skies' dramatic script resumes this week on regular weekly basis on KDKA, Pittsburgh. Ellis Barrett former announcer at WABY. Albany, is now on the staff of W2XAF and W2XAD, General Electric Company's short wavers in Schenectady. Gene Zacher, pianist, added to WHAM, Rochester, staff as musical arranger. This is new job created to relieve Charles Siverson, musical director of station. Charles Lee, Boston booh re- viewer, begins guest author series with Ben Ames Williams over WEEI. WORL, Boston, has Miriam Miller, accompanied by Frankie Ward and Doris Terrell, thrice weekly. Jack Berry replaces George Crowell as announcer for 'WORL M-1 Reporter' and 'Normandie Time" this weeii, and also 'as station's pro- duction managei;. Crowell mean- while joins WTAG, Worcester. Jane Woodhouse also at WTAG. Bea Wain guests on the CBS Swing Session March 11. Morton Downey does a guester with the Girl Scouts on their speclial anni program on CBS March IS. Russell Russell, formerly of WGN and KMOX, is replacing Bromley House at 'WTAM, Cleveland. House recently resigned to join wife's ad agency. Russell, who co<'produced Kay Kyser shows in Chicago, will handle special announcements. WiUiam McNair, former mayor, bowe d . out of 'Authorities Answer,' WWSW, Pittsburgh, copy of 'Infor- mation Please,' at last minute, and Walter Sickles^ station's program di- rector, named to Fadiman the show. Bob McKee and Norman Twigger. of WCAE, Pittsburgh, 'previewing' their new sponsored news broadcasts In window of downtown department store (Gimbels). Marjorle Spriggs, p. a. for WORL, Boston, has taken over the 'Woman of 'Tomorrow' program, under name of Jean Allen. Jack Zaiman, Hartford, United ' Swearing In ClUiena Press correspondent, is being aired Philadelphia, March 11 five nights weekly over WDRC in a Taking advantage of the current sportscast Americanism wave, WFIL is plan- , hing a "Citizenship Day.' Aside from 1 flock of patriotic music, speakers I and flag-waving, major piece-de-re- sistance will be airing of ceremonies when new citizens are sworn in at WEST From announcer to construction business is the jump of James A. Peterson, former mikester of KVI, Tacoma, who bade friends farewell for trip to middle west, where he will be located. Peterson's best known radio sttmt was his voyage last year from Tacoma to Gloucester, Mass., aboard a Tacoma built fish- ing clipper, from which short wave broad^sts were made at intervals during the long cruise via the Pana^ ma Canal. James Saphier on the job in Holly- wood handling radio talent for Mu- sic Corp. Don Lee's KHJ tied up Hollywood Bowl for exclusive broadcast over Mutual of sunrise Easter services. Fibber McGee's air crew hitched for another 13 weeks by Johnson wax works. DeVere Zimmerman one of few femmes in Hollywood producing an airshow. Her entry is' Sanforized Nancy Dixon shopping program. Burns Lee, Coast pubhcist for Ben- ton & Bowles, called east to work on firm's legislative matters for spon- sors. Al 'WhHlock succeeds. Don Wilson entering 17th year in radio. Started with quartet in Denver. Columbia's program chief. Bill Lewis,, ready log Coast trip. Donald Thornburgh and Charles Vanda washed im their Chicago biz and back at KNX (Hollywood). Because he's a good golfer, l>oth Columbia and NBC scrapping over Jimmie Fidler's golf entry. He airs his picture gossip on both chains. Sam Hayes newscasting on KFWB (Hollywood). Keeps his commen- tary spot on KNX. Fanny Brice, Bob Hope, Martha Raye and Matty Malneck's orchestra on Screen Guild-Gulf program March 19. Betty Jane Rhodes getting a strong build with her own program on KHJ (Los Angles). Jack Fitzpatrlck. KLZ, Denver, newsman and sportscaster, leaves this week for San Francisco to re- port March 25, at the General Mills-Goodrich Baseball Announcers' school. the Federal court Lines will be strung into the court- room and each new American will be given an opportunity to tell -wliat his citizenship means to him. GallcnkaiBpiiig Out San Francisco, March 14. With' his sponsor's name, 'Gallen- kamp,' in large letters on the back of his coat. Bill Baldwin is airing th.-ee 'roving reporter' broadcasts weekly from the fair grounds on Treasure . Island over KSFO. A huge sign calling attention to the broadcast the station's call letters anr' the sponsor, Gallenkamp Stores Company (shoe distributors), is placed by the mike. Expo visitors who are quizzed by Baldwin during the program are given a bottle of shoe dressing. Three pairs of Gallenkamp shoes are awarded weekly to listeners sub- mitting usable jingles for tiie show, with the best jingle each month re- ceiving an additional prize of $10. Account is handled by Long agency, Phoney Best Bets PhUadelphia, March 14. Philly Daily News carries no hi^- light box on its radio page, so 'WFIL has created one. It uses ad space acquired in a swap deal to run a box simulating those in other papers of best bets on the air. Box is often spotted right under the radio log, making it appear to be the mccoy. Bes t bets, of course, are all on WFIL. Th9 fact that, the personnel of Radio station WOW Is oompetent is important to you. Each man and woman fills his or her Job efficiently. Some are .new, some are veterans, but they all work together with splendid team work. Actually, personal efficiency in- sures a better advertising "buy." Contact us or our representative, John Blair & Company, for complete details. John J. Gill in, Jr. .dee i SIAT Cincy Baseball Warms Up CinchmatI, March 14. This season, for the first time, WSAI Is airing play-4>y-play ac- counts, via telegraphic description, of all of the Cincy Reds' training ex- hibition games, 34 of which are scheduled. Dick Bray is doing the miking. S ome o f the broadcasts are relayed by WHIO, Dayton, O. Roger Baker, formerly of Buffalo, and successor to Red Barber, made hia local bow last week, doubling with Nixson J)ehton in an evening quarter-hour sports resume on 'WLW. He left Saturday (U) for the Reds' camp in 'Tampa, Fla., where he will make- five-minute transcriptions to t>e used on Denton's 'WLW spot and also on Bray's WSAI sports review for (Goodrich. When the National League season starts. Baker and Bray wiU announce the Reds' games. This year Bray will do the casting for three innings. Under Barber he miked only one inning. Westlimd Heads Ass'n San Francisco, March 14, Manager Art Westlund of KRE, Berkeley, is the new chairman of the Northern C^alifomia Broadcasters' Association, succeeding manager S. H. Patterson,- of KSAN, San Fran- cisco, who held the office for the past year. Philip G. Lasky, general manager of KSFO, San Francisco, succeeds L. D. West of KGMB, Honolulu, as secretary. Bee Strawway Be-Choied Cincinnati, March 14. Bee strawway, WLW merchandis- ing director, has assumed added post of promotions director with transfer of Wilfred Guenther from the pro- motions department to the station's television and facsimile division, of which Jerry Branch is assistant man- ager. Before joining the Crosley org Miss Strawway did merchandising chores for the Kroger grocery chain. Paul Jones, annoimcer, formerly with WCMI, Ashland, Ky., has joined the WLW-WSAI staff; Gesture t« Churches . Philadelphia, March 14. KYW, NBC-operated ouUet here, as a gesture of good-will put lines into three cathedrals Sunday morn- ing -so that coronation of tlie Pope could be heard by congregations without interference. Lines went in- to Sts. Peter and Paul's, St John's and St Patrick's. Two of the churches were able to feed the broadcast right Into their own p.a. systems, while the third was loaned amplifying apparatus by the station. Coronation was aired from 12:45 ajn. to 7:30 «.iii. Beqneatb KFVO $2,000 St Louis, March 14. KPUO, operated by the Lutheran Evangelican Synod of Missouri, Ohio and other states, and supported principally by contributions of its listeners, was bequeathed $2,000 by Louis H. Waltke, retired soap manu- facturer, who died several weeks ago. During 1938 KFUO received approximately $40,000 from appeals made during Its Sunday p.m. Luth- eran Hour program, the contribu- tions ranging from pennies to large amounts. Hour is broadcast over a Mutual net hookup. Dorothy Boblason, account execu- tive in the commercial department of WTAG, Worcester, recuperating from operation. 'REVENGE' IS SEEN IN SUDS CRACK-DOWN Montreal, March 14. With perforbiers on at>out 30 radio programs facing unemployment if the CBC ruling prohibiting beer- sponsored programs becomes effec- tive after March 31, broadcasting cir- cles here recall that the current beer problem dates back to the time when La Presse, which controls station CKAC, refused to accept CBC' adver- tising copy anent CBF, the 50,000- watt government transmitter. Hon. P. R. du Tremblay refused to permit use of liis daily to build up an opposition radio station. Reports immediately after the La Presse ac- tion were to the effect that the CBC would retaliate by t>anning beer prb- grams in this province. Dr. A. Frigon, assistant general manager of the CBC, when queried- at that time, stated that the beer question had not been brought to his attention and tliat the Board of Gov- ernors of the CBC would take no action iinless complaints ' should de« velop from other sources. Shortly after Dr. Figon's denial of rumors that the CBC was contemplating ac- ' tion against beer-sponsored programs the British United Press carried an apparently authentic story that the corporation planned to prohibit beer programs in this province. Embar- rassingly soon after the run-in with du Tremblay, the BUP report was also denied by the government Official statement on the CBC pol- icy with regard to beer commercials is scheduled to be heard before the Parliamentary Radio Committee to- day (14), Meanwhile, frantic efforts are be- ing made by representatives of the AFRA and the Musicians' union, to stall the CBC ruling and save the jobs of radio performers. Local Eng- lish radio performers have already been severely affected since the ma- jority of CBC programs in English now emanate from Toronto. Should beer programs be eliminat- ed the picture would . darken still further as it is generally conceded that most of the programs currently sponsored by breweries -would not find new sponsorship. JOHN BLAIR WCO« DAY lOOO NIGHT wow, Omaha, has Thayne Royce, tenor, newly on musical staff. WiU sing with Freddy Ebner's orchestra. m WHN md MUimiY Resnhs! Thefe leading advertisers do: Maxwell Houte (Good News of 1939) • Old Gold [Robert Bench/ey) • Lucky SWke (Kay Ko/ser) • Generaf Milts, Procter «. Gamble, Secony-Vocuum {Major league Boseba/f) nui>nintGO.Hc igTednesdayf March 15, 1939 RADIO VARIETY SS BBC Tekvision Exec, Gerald Cock Thinks Out Loud on Vido's Future London, March 7. Possibility of a five-year plan for expanding television on a nation- wide network throughout the United • Kingdom was hinted at by BBC tele- vision director Gerald Cock in some orognostlcations on the road this Lrvlce may take and hurdles it has to jump. As told to Vawetv. Cock'st Blan, which so far Uves in his own brain and has no official blessing, would have UJC. covered with series ct relay stations, all transmitting qne central program, so as to avoid duplication of staffs, plant or pro- grams. Does not envisage same continuity et television broadcasting as with radio, because greater concentration needed when watching the home re- ceiver imposes a strain such as the radio listener never suffers. Pro- grams, therefore, may remain re- stricted to several hours daily, per- taps little more than at present, but range of material and flexibility must be considerably wider. Vislo gives the public something in •actuality' broadcasts they can't get any other way, he holds, immediate close personal contact In their own homes with events happening at the came moment in real life at some re- mote spot and in different surround- ings. BBC must accordingly develop It's Television London, March 7. In self-defense against rubber- neck visitors who invariably pose him the question, 'What is television?', BBC's vislo chief, Gerald Cock, had Sir Stephen Tallents draw him up an official 'explanation,'* framed it and hung It in hi$ Alexandra Palace office. It runs: •Kxcited by impulses born on a carrier wave which vibrates 45,000,000 times a second, a spot of light one-tliirtysecond of an inch in diameter, traveling at the rate of 6,000 miles an hour, and varying in its illumination up to 4,000,000 times a second, traces 25 times a second in al- ternate lines a page of 405 lines on a sensitized end of a cathode ray tube. Vision and sound sig- nals are synchronized to within » quarter-millionth part of a second...' It's a k.o. every time! ■peed and flexibility in handling •uch programs; a 'flying squad' unit, with non-cumbersome equipment, ready to dash off at any moment to cover unexpected happenings. Is what Cock Indicates. Programs picked up this way would take precedence over pre-set broadcasts; the air would be cleared tor it because its topicality would give Immense appeal. Slim Baakrell Lamenting bankroll limitations, vlsjo director sighed for a corps of special writers for the service — an extremely expensive luxury for the future, he declared. Also insisted one program that would have to come shortly would be a dally Chil- dren's Hour. Denied the vislo service would ever be married to radio as general practice. Both forms of broadcast- ing have their own appeal and their own limitations. Some material is suitable for sound transmission alone, some has visual appeal. Rarity la that which is suitable for both mediums — such as the big Saturday variety bills. . Expressed satisfaction with stage now reached by the department in handling daily programs for a rapid- ly growing 'audience.' 'We feel we have broken the back of the main puzzle,* he claimed. 'For a year and a half we had to make bricks with- out straw; only in the last six months has real progress been possible.' WEAF Marred in Jersey Atlantic City, March 14. Mass protest is being urged on lis- teners here against a new Latin American outlet which is making the signal of WEAF uninteligible. Con- flicting station, using the same wave- length as the New York outlet, is be- lieved to be located in either Mexico or Cuba. Group of listeners is planning a . petition to the FCC asking it to take what action it can to dear up the situash> NBC Execs Visit Frisco San Francisco, March 14. After spending twj weeks here in confabs with Manager Lloyd E. Yoder and department heads of KPO and KGO, Alfred H. Morton, NBC vice-prexy in charge of managed and operated stations, left Saturday (11) for Denver in a continuation of his nationwide tour . of NBC- handled outlets. NBC prexy Lenox R. Lohr, who divided his time between the two NBC stations here and the exposi- tion; Roy Witmer, vice-prexy in charge of sales,, and "Walter G. Pres- ton, Jr., assistant to vice-prexy John Royal, who d rects the company's program activities, were othei' recent visitors. Clarence Pettit Follows Al Nelson to NBC, N. Y. Pittsburgh, March 14, ■ Clarence Pettit, for last two years head of KDKA's public relations de- partment, has just been named as- sistant manager of guest relations for NBC. He leaves for New York in two weeks to take up his new du- ties, which will consist in main of contact work with out-of-towners during expected eastern influx to Radio City among World's Fair crowds. Pettit came here from Denver In 1937 with Al Nelson, manager of KDKA at that time and now sales chief for NBC's Blue web. There will be no replacement for him on staff of local station, publicity chief Kay Barr assuming most of Pet- tit's old duties. John J. Anthony Associates, Inc., has been chartered to conduct a printing-publishing business in Man- hattan. Directors are: John J. Anthony, Etille Anthony and Eva Kessler, N. Y. C. FCC Monopoly Hearings Still in Sesh; ° Will Examine Hideaway Landlords Washington, March 14. Possible violations of the law or regulations by broadcasters who shift actual control over operation of their stations through leases, management contracts, and other arrangements will be ventilated in the coming fortnight when the FCC chain- monopoly inquiry turns to a new field. Several, important transac- tions, some of which have been un- der examination for months, will be x-rayed in at attempt to find out the real tiwners of properties in the hands of holding companies. The inquiry into leases and con- tracts is docketed to open Tuesday (21) with the study of ultimate ownership and multiple ownership following the next . week. Then discs. In both of these fields, sum- monses have been issued for li- censees whose responses to question- naires allegedly indicated an attempt to conceal true facts and whose con- duct is the subject of disagreement from a legal viewpoint. The Westinghouse-NBC relations, which have been assailed in Congress and were probed by the Commish law department a year ago, will be scrutinized next week along with the question of ownership and control of several smaller stations through- out the nation. Proposed lease of KSFO, San Francisco, by CBS, which is now pending in court, also will be exhumed. PanI Jones, recently with WCMI, Ashland, Ky., last week was added to the WLW-WSAI announcers' staff. •^ITH INCREASING MOMENTUM y/'ilh each passing month ... a new star has been in thejn|iw|g at WLW. This new star is Peter Grant . . .^^l^jAm^He- all WLW ^^I^^Jnng In mail count Indies. Round the at regular intervalj is^^K sToosier Kitchen Cabi ^^d-a ^^mt in ^^uH^Bliil^^ placed it on NBC. Thej ^^mfft^^ three time a week. cial for Ridm^n ^j^^^hin^^^^^H^ ]^Birmrhese thl^Fall K^^dc^Mm^s Mni^BftBpread feeling that Peter S^^Ml^^asBii^^|mi?Nation^s Station^s top news commentator, ^i^pitting Peter Grant in WLWs top news spot at 11:00 P. M. daily, WLW news shows will more than ever be the top news shows of the nation. WLW The Nation's Station National Representatives: Transainerican — New York, Chicago, Hollywood RADIO Wednesday, March 15, 1939 PRESDENT'S SON SAYS BLUNTLY WHAT RADIO MEN DARE NOT; RAPS CONDmONS ._ _ ' D * r*- ' makes no difference whether he Bankers Shy Off Radio So Long as roiiticians ^^^^^^^ ^ g^, or 20% return on his V price Holds Life and Death, Elliott Roosevelt Points Out in Frank Discussion Washington, March 14, Elliott Roosevelt gave the FCC last week a detailed explanation oi what's wrong with broadcasting and governmental regulation. Winding up the regional network phase 01 the chain-monopoly probe, Presi- dent's son: 1. Termed the Communications Act antiquabid, puzzling and unsatis- factory. " 2. Complained about excessive government meddling in the radio business. 3. Urged adoption of a different concept of broadcasting's obligations, privileges and functions. In a day-and-a-half spell on the witness stand, head, of Hearst Radio and the Texas State Network dif- fered sharply with the social ' and economic philosophy of Chairman Frank R. McNlnch and gave voice to the industry mutterings which previous witnesses have been re- luctant to express for fear of re taliation. After stethoscoping both the FCC and the Industry, Dr. Roose- velt prescribed a far-flung revision of regulatory legislation and of Com- mish policies. The President's son gave the FCC numerous concrete recommendB' tions, covering, a wide field ranging from transcriptions to licensing. Outstanding suggestion was that broadcasters be treated the same as various forms of transportation, which would give the badly-needed stability while still requiring licen' sees to serve the public interest. In place of the six-month licenses, Roosevelt advocated issuance of cer- tiflcates of convenience and necessity FIRST IN DETDOlt Owned and Opmud by TV Detroit Nnn 'Tftrlit^ St9um»miilt Awri, 19)$ Ba$/c JUi Uttmtk StaUau Rtprtwnltd Nttleiully by Gee. P. Helllngbery Ce. N«w Ywli: Clitugei Dtlrolli K*iiMi CItyt S«a Fruicbce: AiUirt* such as are given to airlines and trucking firms— running for an In- definite period and revocable for any failure to toe the mark. Under pres- ent conditions, operators are con- stantly on the chair-edge, yet the Commish in actuality cranks out re- newal papers on a routine basis in the normal case. Use of a franchise without time limits would merely be a recognition of facts and put an end to upsetting hocus-pocus. Argument was based on economic grounds. Bankers, not understand- ing the exact situation in the indus- try, think radio is a bad risk be- cause the government can ruin an investment at the end of any six- month period. The radio business today is prob- ably ■ the only business of its kind in the United States which is not able to obtain financing from banks,' he told the four-man investigating committee. 'There is a very definite reason why this business cannot ob- tain that financing and therefore the only people whq^have gone into the radio business liave been people who were willing to gamble rather large sums of money on a very short-lived expectancy of their business . . . The radio industry has apparently not as yet felt the stifling effect of lack of adequate financing, largely because of the stability and dependability of the ifersonalities who have associated themselves with our business.' . , The stringent control exercised by the FCC over transmitter sales is a barrier to development of the busi- ness, - Roosevelt ecomplained. "Un due restrictions* imposed by the regulators cause so much uncertainty about the possibility of liquidating investments that good business men fear to tie up their funds. Calls Bare Bones Theory Particularly Obnoxioiis ■ The bare-bones policy advocated by the FCC chairman was particu- larly obnoxious to the President's soa As llied by Unwins, well-known British growers, in return for a box top and 10c. The retail value of these seeds is In the region of 50e. If this offer brings results comparable In any way to those achieved in America Ben Cossman, B. A. Burns Join Stevenson & Seott Montreal, March 14. Ben Cossman, program producer, and B. A.' Burns, account exec, have switched from Associated Broadcast- ing to the Stevenson & Scott Agency. Cossman-Bums are placing series of French-language transcriptions for Ottewa Paints over stations CKAC end CHLP, starting March 23, with Quebec and Hull station time also being arranged fOr the same sponsor. Also buying dally q>ots for Holt, Renfew & Co. over stations CFCF and CKAC, starting March 27. It Is probable Ssrmlngtons will con- tinue the policy with other premi- ums. The MILT HERTH TRIO SAYS THANKS TOt Walter WInchall for: "N«w Yorchlda to the Milt H«rtb siflns-thrt* ...» bay-oo-te«-(ull blending." Niek Kenny, N. T. DAILY MIRROR, for: "One of the hotteat InatrumenUI trioe In mnelo today can b« heard over WBAF «a«h momlDS . . , offering a brand of awing maalc that mailt nerve as a dyDumlc 'eye-opener' tor rollllona" Ban Groas, N. T. DAILT NEWS, for: "Tb« trio headed by Milt Hertb. the awing organJnl. gave out with grand abandon , . . this tbreeeome .can bold lla own against any on the air." Can* Knight, N. T. JOURNAL-AMERICAN, for: "An unuBoal entertainment trio that coazea unuanal , mualc from organ; drama and piano, and leaves the cuatomem begging for more." Abal Graan, VARIETY, for: "Milt Herth Trio nan go onto a«y rostrum and clli'h as big In picture houaea as at the Chez FIrebouM." Sol Zatt, BILLBOARD, for: "Work on original arrangements and are decidedly a novelty entertainment Item for theatres and night clubs" Currently TRIPLING Between . . . THE NEW YORK STRAND CHEZ FIREHOUSE NBC RED AND BLUE NETWORKS (Seven Ttmea Weekly as "Omar (he Swlngnwker") OUR SINCERE THANKS to Harry Mayer, Harry Gourfaln, ZeO Epstein, Will Osborne and Irving Wlndlsch at the Strand; Andrew D. Weinberger for hln swell advice and guidance; John and Jerrold Krlmsky and MCA for the Chez Flrehouse; Austin Croom Johnson and air of NBC; Charlie Green and CRA for a new association; Irving Lehrcr for puhllclty, advice and many things, big and little. P.R.— We're malting Deceit R<«rda, NRC trahwriptlona and Wamet ahorta Addrcns All Conimunlcatlon.<) to ANDREW D. WEINBERGER, 67 West 44th St., New York City 36 VARIETY RADIO Wedneadaj, March 15, 1939 I Normandy, Poste Parisien Share Varions Commerciai Waxes Made in London-^ F. C. C's WASHINGTON DOCKET London, March 7. Two of the commercials operating from European stations for U.K. listeners operate a system for pool- ing programs. Radio Normandy is operated by the International Broad- casting Co., and Poste Parisien is controlled by Anglo Continental' Publicity, but both use identical material with the exception there is more from the \BC transmitter than comes out from Paris. All sponsored programs this side are pre-recorded owing to impos- sibility of getting artists out to the Continent to do programs there, so it is easy, to make two copies of re- quired programs and ship one to Normandy and the other to Paris. Curious result - is that keen listen- ers, after hearing a favorite pro- gram on one wavelength, can al- most immediately switch to' the other to hear it over. Difference between two sta-tions Is that IRC transmitter at Fecamp puts in many more hours daily on coAimercial broadcasts than ACP unit in Paris. Normandy averages 10 hours daily in the week and 13% hours Sundays, against -3 hours and >5 hours, resp>ectively, from Poste Parisien. This means latter station only takes key programs, but in its favor is that reception in London has. edge on Normandy. Latter is strongest in south of England. Spanisli Stars in N. Y. Amanda Ledesma and Alberta Vila,. Spanish film and radio stars, arrived in the U. S. from Argentina Monday <6). Couple enroute to the Coast to ap' pear in Spanish films ~f or Cobian Productions, to be released by 2(Hh- Fox. B. Watters, formerly of Emil Bri- sacher & Staff, is in charge of the re- cently opened San . Francisco office of David, Inc., agency of Minnesota. Trade Mark of Enterlmnmenl Satiafaclion PAUL WHITEMAN and his ALL-AMERICAN BAND Now Appearing With Sensational Success At the SOUTHWEST EXPOSITION and RODEO Tort Worth, Tozai BROADCASTING FOB CHESTERFIELD from Fort Wortb, Teus« Manlelpal Andltorlam Hwch IStU— 7:8d P.M., C.S.T. BOOKED KXCLTJSrVELT BT. Artists Management, Inc. 17 East 4Sth St. New York ■Drrar BlU t-1888 MAJOR DECISIONS \Vi(j«' London, on' a fuM- Omo bnnls reoelvod flnul CommJsli okay over plaints of WVVRI,, Wooilsildo, N. v.. and W.ME.V. lloston. Favornble examlner'8 report. Isuucil lani April, wan contonlrd by tlie outHlile Hinllons nnd rrhasli of the inntler licid In October. Substaiillal need exists In Now T.oiulon for the propowert service. C'ommlsli found. No nntlafnctory niRhttlmo service la received In the area; the applicant station tg'ciuallfled In all rex|>ectfi to Increane iin operation 'and no 'aiitatantlnl In- creaxe' In objectlonal Interference with e-^IiitlnK transmlttera would rcHult. New London station would be limited nlRliis l>.v WWRL to within Its approximate 3.l> millivolt per meter contour, however. Now ODeratlnR on luOO ke with 100 watts, the station Is a<1ce.ired on behalf of applicant. (leoririn: Grcwlns pains uf AVKRU, Grlfrin, atlHed with a denial of Its plea' to move to Mucon and extend operation from days to full-time. Macon Is admirably served by Commlsh pointed out. whereas the proposed move of WKBU would deprive Orlffin of Its only local primary broadcast service. Also considerable question a6' to flnnnclal support which the station' could pick up In Mncon, since no dcAnite contracts have been secured from prospective ad- vertlserp; certain mercliant.s have stated that they are satis- fled with the advertlslns rates of WMAZ and do not cars to support the proposed service, and no announcement has been made of the rates which '\VKBU would eharee. except Hint they will be 'sIlKhlly lower' than those of WMAZ. Transmitter, which requested a chanRe of frequency from lEOO to 1310 kc and operation with 100 watts nights and 200 watts days, was represented, by. Horace b Lohnes, E. D. Johnston and F. W. Albertson.- »w Jersey: Green light for the Press-Union Putllshlnj Co.. on Its plea to construct a new station at Atlantic City. Outfit, which publishes the leading newspapers in Atlantic City, will spend 122,000' for a transmitter and Intends to use 75?V live talent programs In day and night operation. Re- quested 1200 kc with 100 watts nights, 2(0 watts days. ^Vhlle the proposed transmitter will be limited to lis ap- proximate 3.2 millivolt per meter contour by 'WEST, Eaaton, Pa., Commlsh decided that 'no objectionable Interference wilt result to any existing broadcast station, nor will the pro- posed station receive objectionable Interference If this ap- plication Is granted.* Applicants were presented by Ben 9. Fisher, Charles V. Wayland and John Kendall. Kew ITork: Trials and tribulations of WARD and WLTH,- Brooklyn transmitters which have been battling tor existence over a period of years, prolonged last week by Commlsh denial of their Joint motion to strike the proposed findings of fact submitted against them by WBBC. Broklyn tangle stood this way, on March 6: Commlsh, currently pondering the 'WBBC proposed find- ings, gave WARD-WLTH 16 days In which to file an answer to the same; ordered that WBBC be allowed 20 days la wlilcli to file a reply to the WARD-WLTH answer. >'orth Carolina:. Reiteration of Its disapproval -was given' last week by the Commlsh on proposed nighttime operation of WAIR, 'Wlnston-Salem. Turned down early In January, on an application which would have given the station night power of 260 watts, to augment Its present assignment of 260 watts days, on liSO kc, C. Q. Hill, George D. Walker and Susan II. Walker, licensees of the transmitter, petitioned for a rehearing. Second Commlsh rebuff was given 'In order to more clearly state the grounds relied upon by the Com- mission In denying the application.' Decision — representing another of the hew-fangled Ideaj which have been recently adopted — was tagged 'Supplemental Statement of Facts, Grounds for Decision; and Order.' Serious Interference to applicant transmitter and to 'WNBW, New York, and 'WHBI, .Newark, was cited as principal rea- son why 'WAIR should not be permitted to operate nights. WInston-Salom would be stymied to within Its approximate 6.6 millivolt per meter nighttime contour and would not bo able to serve oil of the 'corporate limits of the city' (which Is from S\i to < miles wide) under the proposed change, Com.mlsh said. 'WNBW apd 'WHBI would be kept to their respective 2.4 millivolt per meter contours at night, and WDSCI. New Orleans, would be limited to Its 1.3 millivolt per meter contour. Commissioner Brown did not partlclpat* In final turn- down. Texas! In another supplement to a previous decision, Commlsh reiterated Its opinion that the application of W. C. Irvln, Amarlllo, should bo turned down. Grant to Amarlllo Broadcasting Corp., - of the same town, which received an okay laet fall on Its request for the assignment of 1600 ko with 100 watts, was re-upheld — mostly on grounds that tho stockholders were better qualified, by reason of their lonff residence and business afrillatlons In Amarlllo, to suprevlso the type of local program which would be of benefit to listeners In the area. W. C. Irvln, loser In tho tug-p'-war, was found to have funds 'only slightly In excess of tho amount required' to construct and operate the proposed sta- tion, while Amarlllo Corp. could give reasonable assurance of Its ability to carry on for the first tew months without commercial support. Issue of power— with Irvln requesting 260 watts days, 100 watts nights, on 1500 kc, and the Amarlllo Broadcasting out- fit asking same frequency with 100 watts day and night was an Issue In tho decision. Commlsh agreed, however, that:' 'It has not been shown In this case that public Inter- est, convenience and necessity will be better served by au- thorizing IrvlD's propossd station merely because It will operate with power In excess of that requested' by the Amarlllo Broadcasting Corporation, In view of the fact that the Amarlllo Broadcasting Corporation Is In other respects better qualified.' MINOR DECISIONS Florida: 'WJAX, City of jacksonvllte, Jacksonville, granted renewal of license for the period ending Sept. 1. Illinois: W9XTA. Schonert Radio Service, Harrlsburg, granted renewal of high frequency broadcast elation license on a temporary basis only, and designated application tor ==^^=^=-« ■ renewal of llronse for hearing, because itppllcant hoa not subniit.ted any tangible measurements pursuant to Rule lOSl', nnorary authority to operate with 6 kw nights, for a period of 30 days, using directional antenna In order to. over- come Interference from Cuban -station CMCT. Mississippi: WFOR. Forrest Broadcasting Co., Inc., granted day power boost' from 100 to 260 watts. Missouri: U'9XKR, Midland Broadcasting Co., KansAs City, granteil renetval of high frequency broadcast station license on temporary basis only, and designated application for hear- ing because applicants have not furnished . sufficient research or experimental record. New Jersey: WAWZ, Pillar of Fire, Zarepath, granted use of present directional antenna system tor daytime operation also. New York: Columbia Broadcasting System, Inc., New York, granted extension of existing authority expiring March 16, to iransrhlt programs to Canadian stations CFRB and CKAC, and to stations of the Canadian Broadcasting Corp., by means of wire facilities furnished by A. T. & T. ; National Broad-, casting Co., Inc., New York, granted extension of existing authority expiring March 16, to deliver recorded programs to Canadian stations under control of the Canadian Broad- castinir Corp.; WBEI4, inc.. Buffalo, granted license tor new facsimile statli^n, provided applicant request withdrawal of special experimental authorization of tacalmllo transmission over applicant's regular broadcast station; frequencies 31600, 30000, :SC00 and 41000 ke on an experimental basis only, con- ditionally; 100 watts power; Columbia Broadcasting System, Inc., New York, granted authority to transmit programs to a foreign station, CMCK, Havana, from CBS In New York, and other points throughout the U. S. where licensee maintains studios; W2XJI, Bamberger Broadcasting Service, Inc., New York, 'W8XH and WBBN, Inc.. Bulfalo, granted renewal of high frequency broadcast experimental license to April 1, 1940, on experimental basis only and subject to change or cancella- tion by Commlsh at any time; 'W3XL-W3XAL, NBC, New York, granted special temporary authority to transmit pro- grama consisting of Spanish News to be rebroadcast by Cuban Stations CMX and COCX, for a period not to exceed 30 days; WGXL, RCA Communications, Inc., New York, granted extension of authority to operate special experimental station on 31380 kc to June 7, subject to same conditions as In the present authorization; WCXJ-'WQV-WL.L, RCA Com- munications, Inc., Rocky Point, N. T.. granted extension of special temporary authority to communicate, using Its regu- larly assigned frequency with the Albanian radio station ZAA. tor contact control purposes In connection with reception of addressed program material, to April 14, subject to condition thot no Interference Is caused to regular point to point serv- ice for which the station Is licensed, and may be cancelled by the Commlsh. Tennessee: WSM, Nashville, granted extension of special experimental authority to operate as a facsimile broadcast station from 12 midnight to 6 a.m., CST, to Aug 1 Washington: KBJT-KBJU. Northern Radio Co., Seattle, granted operation of KBJT-KBJU (Selawlk, Alaska) on 2474 and 8092.2 kc. In addition to 24S« kc now authorized; also granted license for now station KIH, frequencies 2406, 2474. 8092.5 kc with 50 watts, . Wisconsin: WLBL, Board of Regents, University of WIs- SP-ISr"; S'o™ns Point, granted renewal of license to Sspt. 1; n 9XJL. Head of the Lakes Broadcasting Co:, Superior, granted renewal of high frequency broadcast station license until April 1, 1940. on an experimental basis only, subject to chango or cuncellatlon at any time. NEW APPUCATIONS 10*'t^"2'6o'watti'"'' *'""'"f»tc So ibe muiMt io whidi k ima OUahoou's bigot .ndio audience wiih the real McCoy in ou]tfr.bclicve . . . la ks abilitjr 10 build up one of die £nea louiid effects KtHipi ouui Jc ihc nawock cenon, WKY went to Hollywood for advice on its sound effects when the new studios were opened IB 1936. likewise k drew oa the eapcrience of the network cxpetis. Keeping up with copsbnt. ly tocnasing demands for sound tolisa in studio praduciioni is a job that 'WKY's own .taff bas done most admirably. But to WKY, its sound effects facilHics are ' .joply Symbolic of the faculty this siab'oa lus . always possessed for delivering the teal McCoy in serving the public interest, convenience and necessity of a million and a half people. tisteoen in Oklahoou seldom twirl dieir dials any more. Hiey are satisfied to stick to 900 kilocydes and enjoy WKYs star-suidded pro- giams eighteen houn a day. Advenisers have conclusive proof of this when a WKY-pioduced show brings 60,000 refiesis for song sheets in a single month. WKY i McCdagh s Organization Gets Obay WiA Four Minor Qualifications OWMlOMIDOPEUnDtTIBEOIUBOmruniSKIMeCO. « nr the per- former. He doesn't blame a waltz for not being a symphony, and he doesn't abuse a street fiddler for not being Mischa Elman.' ' 'Criticism' is not synonymous with fault-finding. A good critic is on the i'.lert, not only for faults, but for merits. He must be capable, not only of disapproval, but of enthusi- asm. He must be capable,' not only of saying that something is worth- less, but that it is wonderful, if it is. X^at sounds so self-evident that it's hardly worth saying. Neverthe- less, it's .one of the hardest parts of a critic's job. 'In my own brief experience of five years at music criticism, I found that one of the easiest things to do was to dissect a bad performance or a bad piece of music. Because that requires little more than an ex- ercise of one's analytical faculties. The difficult thing was to explain a great piece of music or a great per- formance. When you have to do that you have to communicate an emotion from yourself to a reader, And right here is where you must be not only an appraiser but a writer.' 'And there Is the last, and by no means the least of the .qualifications of an ideal music critic. He must be able to write. He must be able to recreate emotions through the power of words. He must be an enthusiast about music who can contrive to make his subject always interesting, regardless of what his topic of the moment may happen to be. If he is bored at a concert he roust be able to make even his boredom inter^t- ing. Otherwise he will not be read; and. a critic without readers is like a player without an audience. 'He must know how to structure a criticism, arranging his details so that the general impression of what he writes is the one he wanted to convey.' Taylor makes an important point in reminding critics that it is often much better to over-concentrate criticism on the good points of the. subject matter than the bad. 'It is fatally easy, in criticism, to devote so much space to minor flaws that there is no room left for the major merits.' 'A critical handicap is thie neces- sity of listening to or reading a vast quantity of material. The one luxury that is forever denied to a critic is that of being able to hear music. He must listen with his mind, every second of every minute that he spends at a performance if he is to do his job well. He can't just doze or let his mind wander until some- thing interesting commands his at tention. He must listen attentively to the bad as well as to the good.' Jack Norworth cued his hobby, coUectIng the world's smallest ob: jects, into the singing of his 'Shine On, Harvest Moon,' on Hobby Lobby. A tiny book, presented to the one- time musical comedy and vaudeville star, has printed within 'Harvest Moon' and Norworth's other classic, 'Take Me Out to the Ball Game.' Norworth sings 'Harvest Moon' with more pianissimo than the radio warblers, principally women, do it today. Noticeable because Hobby Lobby shot was the second, on which he had given the number such treat- ment-first was several months ago, on 'We, the People,' when marking the 25th anniversary of its introduc- tion by Nora Bayes, in Ziegfeld Fol- lies. Norworth's Hobby Lobby ap- searance was too' brief — handled himself well enough to rate a longer spot and one without the quick cut- off given him. Ed Boden, literary aggnt and Charles B. Driscoll given a buildup as columnist successor to O. O. Mc- Intyre, also miked. DriscoU's hobby, searching for hidden .treasure, was aired sometime ago on Cal Tinney's 'If I had a Chance.' Boden yarned about fad of collecting extraordinary but true coincidence-stories. Jimmy Jemall has been airing his street . interviews for several years and for as many different sponsors. Currently (WOR, 7:15, Thurs.) doing his bit from the lobby of the Para- mount theatre, N. Y., where he puts on guest stars as well as persons from the street. Program (9) which brought in Glen Gray, bandleader. Dr. Frank MoniAagn, Yale prof and director of research at the N. Y. World Fair, and Bob Lee, a profes- sional entertainer from the Wivel Restaurant, N. Y., was a nicely va- ried 15 mins. but the wealth of pro- fessional talent defeated the purpose of the program to some extent — that of garnerhig the opinion of the man in the street. Question Jemall offer- ed was what the status of the United States should be in the event .of war in Europe. ... Put on several bystanders but not enough to get any sort of cross-sec- tion of ideas. Followe4 it with more of a show for the Intended sidewalk interviewees by introducing Dr. Monohagn who gave a commercial spiel for the. Fair, Glen - Gray who told the inside story of his co-op or- chestra, revealing its trust fund should be close to $500,000 after al- most 10 years; and Bob Lee. Latter reversed the program's English by accepting questions from the audi- ence, rhyming them perfectly and not forgetting a plug for No-Rub. He did, however, start off by rhyming an answer to Jemail's war referen- dum question. 'Cavaleade of Amerloa' show for DuPont Monday night (13) over CBS, offered dramatized excerpts from the life of Marie Dressier. It was an enthralling halt hour, with steady pace, effecUve contrasts and moments of. choking emotion. , Too* the beloved comedienne from the age of 14, at a rehearsal for a shoe- string show In Harrisburg, Pq.. throuA the ups and downs of her career of stardom and privation on Broadway and in Hollywood. Wound up witii the actress winning the Academy Award for her perform- ance in 'Min and Bill,' but failed to include the role that really brought her to her greatest success, that of the rum-soaked old water-front hag in 'Anna Christie.' In the 'ugly duckling' leading role, Agnes Moorehead, turned in a su- perb performance, steadily changing from a diffident, youthful-voiced tyro to the celebrated and assured, but huge-hearted old woman. And her voice sounded quite like Miss Dressler's. Helen Lewis turned t'..e brief part of Jforma Shearer into a stunnmg bit while Elizabeth Rus- sell, Ed Jerome and Ray Collins also were effective. Ted Jewett's narra- tion was acceptable and Homer Fickett's direction was eloquent. It was a thoroughly adult show", but one with wide appeaL Radio's campaign of selling itself fo.the public was undertaken effec- tively last Sunday by R' .\'s 'Magic Key' program over NBC blue. With- out overplugging, but with undenl-^ able persuasiveness. Milton Cross delivered the first shot with a sim- ple statement of radio's value as en- tertainment and as a public servant Quoting David Sarnoff, he argued that . commercial broadcasting, with its sponsored programs, makes pos- sible the freedom of the air by bring- ing free to every listener the best shows that industrial concerns can offer. Alexander Woollcott, guesting on the stanza, offered the second plug, a tribute to radio as a means of rela- tives and loved ones, in distant places, achieving a communion of thought by listening to the same pro gram. Malcolm Dewees, one-time Pacific Coast manager of Kelly, Nason & Roosevelt joined the staff of Fletcher Udall & Associates, San Francisco. Ditto Don Dawson, formerly with Botsford, Constantine Sc Gardner. TO THE PUBLIC DANGER' With BasU Radford, Hcrmlone Ba4. deiey, Nprmaa Clarldge, Jofaa Deverell, WUIIam Devlin Play 56 Mins. Snnday, 9:40 p. m. BBC, London Patrick Hamilton, himself former victim of a nearifatal car smash, made this a searing Indictment of the road cad, &nd simultaneously produced a gripping radio drama in which the writing, atmosphere and suspense built to a. grim climax and a searching moral for those hogs at the wheel who flagrantly abuse their rights on the highway, A seri- ous contribution to the mike, it would adapt excellently for the American webs to fit into the pro- gram spots where they go " for straight drama. ' Norman Claridge and Hermlone Baddeley, a couple of small town hicks, in a roadside tavern get into company with BasU Radford and John Deverell, a couple of drunks whose flash car Is parked outside. After severely punishing John Bar- leycorn, the whole party go out for a joyrlde, Radford at the wheel being a reckless speed demon. In a country lane they hit a man on a bicycle, but Radford refuses to stop, although Clacidge demands they go back; the girl takes Radford's side. Clarldge almost frantically pleads for them to do the honest thing, but only after a piece of desperate trick- ery does he get out of the auto and dash into the night to telephone the police. Radford, with the girl and Deverell, who has passed out giies gaily on, until later, thinking the car is being followed, he crowds on reckless speed and scares the girl, who, attempting to. get at the con- trols, forces Radford to swerve, the car goes head-on at a tree, and all three are killed. In an epilog, the coronoi:, who has been holding an inquest on all three, points the moral, and discloses the ironic fact that the car had not hit a man, but only a bicycle parked at the side of the road with a siack bal- anced on the saddle. Basil Radford was powerful as the caddish driver, and Hermlone Bad- deley vivid as the cheap little fac- tory worker; Norman .Claridge, as her boy friend, was, however, even better, and he in fact had the force of the author's lines to carry. Wil- liam Devlin spoke in smooth, digni- fied tones as the coroner. Val Gielgud made a brilliant job of the production, his atmosphere, first in the inn and later in the car dashing at breakneck ' speed along narrow country roads, being real. He got a depth of sincerity out of all his cast, and handled the lines and situations in masterly style. - But tha play was Patrick Hamilton's, who caught his characters and put them under a pitiless magnifying glass. Story moved inexorably on to its onl:^ ending, with the car stacked against a tree, the grim silence broken only by. the car's radio on which a piwio is tinkling out a Bee- thoven' sonata. 'YOUR HEALTH* EdDoational 30 Mins. Snstalnlng Wednesday, 2 p. Ui. WEA:f-NBC, New York Your Health Is an American Medi- cal Assoclatlon-NBC Chicago pro> gram aimed primarily for school- room reception. It is educational, a fact which neither the format dia- log, nor production do too much to sugar coat Program is a combina- tion, not always smooth and com- pact — of narration, dramatization, summation (the latter by Dr. W. W. Bauer). Many of the health mes- sages would hold closer attention, via loudspeaker, if confined to lesser time. This would mean fewer epi- sodes and less direct Instruction, but. the streamlined version would be better radio. Showmanship Is and can be a factor of increasing importance in educational broadcast- ing. Fact "Your Health' has pro- duced results does not mean im- provement is unnecessary. Would be interesting to. note what big time, commercial-standard script- ing and production could do with a program of tUS kind. Jaco. DALE BAXTER It's Up to Yon' Qniz 30 Mins. Sustaining Saturday, 3 pjn. WJZ-NBC, New York Novel widening of the quiz for- mula. Provides an opportunity for contestants to exercise histrionic ability as well as memory. Should, when settled down, prove pleasant afternoon listening. There ave points that will bear fixing such as who tabs point scores and how they're arrived at in a section such as the opening bit wherein con- testants were asked to recite, 'Mary Had a Little Lamb,' as their favorite star personality would do it Lis- teners would no doubt like to know how the points are scored, inasmuch as it's based (on this airing anyhow; on various methods of doing the same thing, thereby eliminating com- (Gontinued on page 47) -Wednesday, Mych 15« 1939 MUSIC— DANCE BANDS VARIETY 89 "SOUL MORTGAGES' RAPPED London Sees BBC 10:45 German Talks As Hurtful to Radio Song Sales London, March 7. Music publishers are hollering In fite wilderness that the British Broadcasting Corp. is putting the final nail In their coffin by switching oft band music sessions at 10:45 p.m. to broadcast government propaganda in tiie German language. Interruption is supposedly for five to ten minutes, but sometimes lasts nearer 20 mln- nies, and exhaustive chedcing has proved that listeners don't return to the music program after this ear bombardment The other headache — special or- thestration fees to band leaders- may be lessened soon. Music piib- Ushers have noticed that Chappells vere getting big breaks on the ether, but that was due to this publishing eompany having promised the BBC tarly last year they would definitely Ignore the 'special orchestration' tamp if the BBC saw they were not discriminated against. Now all the other publishers have asked support from the BBC, which has been prom- ised them. So everything looks hotsy-totsy for the publishers tiU they begin to cheat on each other. Shipping Bnreao May Be Warner Sobsid; Latter Set 250 Stores Indications are that the Music Vublishei-s Protective Association Will solve its problem of finding a central shipping bureau for syndi- cate stores by assigning this funC' tlon to Music Sales' Corp., a Warner Bros, subsidiary. Latter would also ■ervice the American News Co., which is experimenting with station^ try and drug stores as outlets for aheet music. Music Sales Corp. last week ob- tained the music counter privileges tai 250 J. J. Newberry (chain) stores. It is understood that MSC >yill make available a specially devised music display rack to the stores handled by the American News Co. BARRY WOOD SEMI-SET WITH DANCE COMBO Barry Wood, CBS sustaining bari' lone, has formed a 13-piece band of his own to back him on his Brunswick recordings and play oc casional one-night dates around New York. Singer eventually hopes to bund a radio variety hour, which is one of the reasons for the set crew. He had been cutting for Brunswick with pickup outfits. Wood formerly played sax with Vincent Lopez, Abe LymaUi Buddy Rogers, and others, • CBS re-signed him to another year's options as a singer last Fri day (10). SEEKS INJUNCTION Wonid Stop Vogd From Re-Issolng 'Old Mill Stream' Forster Music Publisher, Inc., on Monday (13) filed a federal court suit against Jerry Vogel Music Co., Inc, and Earl K. Smith, seeking an in Junction to restrain them from pub lishing the song, 'Down By the Old Mill Stream.' The plaintifl claims to have se- cured the rights to the song from . the late TeU Taylor in 1831. They assert that the defendant, Earl Smith, claims to be co-author with Taylor of the words and music and that he has sold the renewal rights to the Vogel Music Co., which is about to publish it They seek a decree es tabllshing their ownership and an injunction to prevent the defendants from publishing it Zian Arthur will replace the Ted Eddy crew as house band at the Hlvera, Brooklyn vaudfilm ^ot, Ctew comes in in two weeks, foUow- li>8 MUt Britton band, which opens a (late there Friday <17). Paris Is Lovely, Too Philadelphia, March 14. Bick Beichner and Clay Boland recently completed 'How I'd Like to Be With You in Bermuda.' Last Saturday (11) they left for Bermuda— guests of the Island on' an all-expense toiir ar- ranged by Jack Carson of N. W. Ayer agency, who handles the publicity account Renewal Damages Sooglit After 27 Years 00 1911 Hit, HSy Melancholy Baby' Application for a bill of i>articu- lars from Maybelle Watson Bergman was granted the Joe Morris Music Co. and Ernie Burnett by Judge Vin cent L. Leibell in the N.Y. federal court last week. Move was in con- nection with Mrs. Bergman's claim to the renewal rights to 'My Melan choly Baby.' Mrs. Bergman is suing for $10,000 damages on the grounj that die co- authored the song 'Melancholy' with Burnett in 1911 and that the latter sold the publishing rights to Morris without her consent She filed her action after she had made a deal with Shapiro, Bernstein & Co. for her end of- the tune's renewal rights. Her name has not appeared on the title sheet of 'My Melancholy Baby' for the past 25 years. The 'Melan choly' lyrics which became popular were those written later by the late George A. Norton. Norton assigned his rights in perpetuity to the late Theron C. Bennett, publisher, for a cash consideration and when Morris acquired the song from Bennett 10 years later the former made a simi lar deal with Burnett In later years Burnett reinforced the pact by mak- ing a special assignment of the re- newal rights. Morris claims that Mrs. Bergman, formerly Burnett's wife, had noth- ing to do with the manuscript as published and questions her lawful right to seek damages after a pas- sage of 27 years. IBOI NOT Joseph N. Weber Reiterates and Amplifies A.F.M. At- titude on Splitting Up Earnings of Orchestras on Basis of Corporate Control WANTS 'EM 'FREE' Joseph N. Weber, American Fed- eration of Musicians prez, last week reminded the membership in a cir- cular letter that they must not allow employers to participate in future earnings or commissions. Warning is directed at those bands who in re- turn- for subsidies from hotel or ball- room operators have agreed to cut the latter in on their net earnings over a period of a year or more, AFM also objects to name band lead- er's subsidizing other bands under similar arrangements. Weber takes the position that any financial arrangement between a' band leader and his financial source should be strictly on a loan basis and that even personal reps must abide by this method. The AFM head doesn't care how the payofE is made so long as it is not based on a percentage of the band leader's fu- ture earnings. The federation is also discouraging the incorporation of newly organized bands. Music Notes Yip Harbnrg and Harold Arlen cleffed two songs for Metro's 'Babes in Arms,' 'God's Country' and 'tiet's Take a Walk Around.' Universal bought 'The End of the Road,' by Vivian Ellis, to be sung by Deanna Durbin in 'After School Days.' Simon Van Lier, general manager of 'Keith Prowse ii Co.'s music in- terests, will visit Toronto this week iand make a trip to Chicago before returning to New. York. Figures on getting back to London in two weeks. Blills Mosic, Inc., has acquired the American rights to 'There's a Moon in the Mountain' and 'My LitUe Rose' from Cinephonic Music, Ltd., Lon- don publishers. Stool to Chi Chicago, March 14. Joie Stool, of Harms Music Corp., heretofore stationed on the Coast, has returned here to head the Harms local organization. Transfer from Coast was made for family reasons. Bob Crosby's 'Concert' Chicago, March 14. Bob Crosby orchestra will do a publicity stunt concert at Orchestra Hall here within the next few weeks. First time for Orchestra Hall to house swing. Robt. Katsdser 1st Refugee To MakeASCAP Dr. Robert Katscher makes the first refugee from Nazi Germany or Aus- tria to be elected • member of the American Society of Composers, Authors and Publishers. Dr. Katscher, who composed the score of 'Wonder Bar* and such numbers as 'When Day Is Done' and "You'll Never Know,' established himself in this country eight months ago. He meanwhile obtained a release of membership in the Austrian per- forming society, AKM, which was liquidated by the Nazis when they took over Austria. Through his counsel, Sol A. Rosen- blatt, Dr. Katscher a couple months ago sequestered about $1,800 which the AKM had in a New York bank. The lien was treated as a part pay- ment on royalties due him from the Austrian society. Rumor Persists, CBS Denies Intention To Buy Music Biz; NBC Retired in 1932 Waltz Due Back? Jack Mills, head of Mills Mu- sic, Inc., believes that the waltz is due for another major come- back. He's going through his catalog digging up compositions of that classification which might be revived into hit propositions. Mills bases his expectations on three signposts:. (1) the goodly percentage of waltzes now in- cluded- in broadcast band pro- grams, <2) the rise of waltzes among sheet music as attested by 'Umbrella Man' 'Little Sir Echo' ' and 'I Promise' You' and (3) re- ports from hotel orchestra lead- ers about Uie large number of requests'" they have been receiv- ing of late from patrons. Committee Seated To Joi^e Essays on Why Copyright Law Is OK Committee of patent and copyright authorities has been selected to judge the best of the 40 prize-winning es- says submitted in the first annual Nathan Burkan Memorial Competi- tion which had been set up by the American Society of Composers, Au- thors and Publishers. These awards are made to the student in each law school graduating class, who, accord- ing to the dean, has written the out- standing paper on copyright law, the necessity for it and the wise public policy of enacting such legislature. Members of the finalist committee are Edward G. Sargoy, chairman of the copyright committee of the American Bar Association, Stephen P. Ladas, author on copyright law, Edward S. Rogers, lecturer on copy- right at Michigan University, Dr. Louis Charles Smith, of the Wash- ington copyright office, and Dean Emeritus John H. Wigmore of North- western University School of Law. 'BARBERSHOP CHORD' IN PUBLISHER TDT Rumor persists that the Columbia Broadcasting Sjrstem's next - acquisi- tion will be the music publishing business. The report has it that CBS is giving serlotis thought to round- ing out its broadcasting, concert, transcription, and phonograph record holdings by acquiring a few imports ant music catalogs. Such acquisition would make CBS eligible to mem- bership in the American Society of Composers, Authors and Publishers, and if the catalogs are important enough, acceptable to representation on ASCAP's board of directors. CBS officials have repeatedly denied that the orgamzation harbors any cov- etous Intentions in the direction of the music business but the musjc in- dustry continues' to believe other- wise. The report has aroused much spec- ulation in the publishing trade as to what after effects 'the entry of Co- lumbia could have. One of the two top users of music would be placed in odd comptitlve position, with the network able to give its own catalogs first choice when it comes to pro- graming or recording. Another point of speculaion is what would be NBCs reaction to such a situation; whether the latter network would again re- turn to the publidiing business from which it retired seven years ago on its own (Radio Music Go.) or by subtle but 'effective procedure see to it tliat the competitior's musical works didn't get themselves too solidly rep- resented on NBC programs. William S. Paley was faced with an opportunity to get into the music publishing business in 1936 alter Warner Bros, had pulled out of ASCAP. Harry M. Warner offered to sell all his catalogs outright to CBS or bring in the network on a 50- SO partnership basis. The two camps never got to talking details. Ira Amstein Wffi Be ThroDgh with Jod^e h Another Week Three music publishing firms are feuding over the copyright renewal rights to 'Play That Barbershop Chord,' with the result that the li- censing bureau of the Music Pub- lishers' Protective Association is put- ting all mechanical fees derived from the tune in escrow until the issue has been adjudicated. Trio, each claim- ing a piece of the composition, are E. B. Marks, Shapiro, Beirnstein & Co. and the Manus Music Co. The composition still has a high standard value and is frequently used for synchronization purposes. PuUishers Auditing Books of Disc Companies to Stop Discrepancies Mechanical rights division of the Music Publishers Protective Asso- ciation has arranged to make an audit of the books of all phonograph com- panies every other quarter. A firm of' accountants has already been re- tained for the job. - Recent audits have disclosed seri- ous discrepancies between company records and actual royalty payments in one of the phonograph disc films. Instead of demanding refunds, most of the pubs involved elected to make special song-usage deals with the ; company. It has been agreed by the • pubs that from now on the MPFA will be free to collect on these dis- crepancies, Urge Andiem's Use Philadelphia, March 14. Philly Musicians' Local last Thurs- day passed a resolution asking the A. F. of M. to recommend that in the future all Musical Sessions open and close with the 'Star Spangled Banner.' Resolution, suggested by A. Rex Rlccardi, secretary, was sent to the international exec board. Re^lution was passed the previ- ous week recommending that the A. F. of M. not allow musicians to work in the Daughters of American Revolution hall in Washington, D. C, because of the group's refusal to allow Marian Anderson; Negro con- tralto, to sing there. Ira A. Amstein has advLsed Fed- eral Judge Edward A. Conr!er that he will wind up his side of the c-n- spiracy and infringement case against manifold publishers, persons and or- ganizations in the music Industry this week. Amstein estimates his damages at $2,000,000 and wants a decree forcing the American Society of Composers, Authors and Publish- ers to admit him to membership. The court continues to give Arn- stein wide latitude in the presenta- tion of his case. At one point - of the trial last week he accused the battery of defendants' lawyers of bribing a' couple of violin players that he had retained for demonstra- tion purposes before the bar to slay away. Judge Congei: a.sked AnTstcin to point out the miscreant lawyers but Amstein refused to be pinned down. Amstein called Sismund Spaeth, who is appearing as an ex- pert for the defense, a 'shoemaker* and ordered him to leave the court- room. So far Amstein has presented 10 published songs which he clnims were lifted from manuscripts of his. The judge is reserving decision on all applications to dismiss for failure to conform with the rules of court procedure, copyright laws, etc. MERCHANDIZING MAN JOINS AMERICAN CO. Ralph P. Linder, former grocery and hardware trade paper man, has been made sales promotion and ad- vertising manager of the American Record Co. It's his first connection with the amusement field. He comes from the trade division of the Butterick Co., having been managing editor of Good Hardware and managing editor and promotion- manager of The Progressive' Grocer. 40 VARIETY BIU8IC— OANCiB BANDS Wednesdaf, March 15, 1939 BANDS and ORCHES'raAS Week of March 17 P«rman«nt addrMs of bandi and orchestra* ara publl«h*d_ with* out eharga. Whil* every effort ii made to insure aceuraey in this department cooperation in notifying errors will reduce mistakes to a minimum. Key to abbreviations: B — ballroom, C— cafe, CC— country club, H— Hotel, N—Night Clubr R— restaurant, T— Theatre. Booking Agencies: ARA, Associated Radio Artists, 1680 B'way, N. Y. C; CRA, Consolidated Radio Artists, 12S0 Sixth Avs., N.Y.C.; FB, Frederick Bros., 1270 Sixth Ave, N. Y. C; MCA, Musio Corp. of America, 745 Fifth Ave, N. Y. C; R-O'K, Reokwell-O'Keefe, 1270 Sixth Ave, N. Y. C. . Network Plugs, 8. AJILto 1 AJW. Fottowtng is a totolizaUon of the combined plugs of current tuna on NBC (WE AT and WJZ), and CBS (WABC) computed for the week from Monday through Sunday (March e-12). Total represents accumulated performances on the two major networks from sa.m.tola,m. In 'Source column, * denotes film song, t legit tunes, and pop' speaks for itself. GBAND TITLE. PCBLISHEB. SOURCE. TOTAL. ' AaronKn. Irvlni. c/o WHS, NTC.- ' Agnew, Charlie, Mlcblsan T., Ann Arbor, Hlcb. Albsrto. Don. El Chico N., NTC. Alport, Mickey. Bradford U.. Boston. Ambaasodora, Royale, Congreaa H.. CliL Andrews. Gordon. Club IB N.: NTC. Armstrong. Louli, Proctor's T., Schenec- tady, N. Y. Aah, PauL Roiy T.. NTC. ' Amhelm. Ous, R-O'K. Hollywood. . B»lley. Bert. PUntatlon Club. Milwaukee. Bamet. Charley. Famous Door, NYC. Baraett, Jimmy, o/o PB. . Banlo. Bill, Bluckhawk H., Davenport, la. Basle, Count, c/o MCA. _ Bauer, Tony. Scaler's N., Milwaukee. .Baum, Charles. St. Regis H., NVC. Becker, Howard. Rainbow B., Denver. Bergerc. Moximlllan. VersalUes N.. NIC. Blltmore Boys, Carteton H., Wash.. D. C. ' Blake, Lou, Atlanta-Blltmore H., At- lantn, Ga. Blanco, Pedro, Embassy C. Phllacjelpbla. Bleyer; Archie, Barl Carroll's R., H'wood. Bolognlnl. Knnio, L'Alglon R., Cbl. Bragale. Vincent, Ambassador H., NTC. Brandwynne. Nat. Elssex Hoasa H.. NTC. ' Brieode. Ace, Merry Garden B., Chi. .Buck, Verne, OrlonUl T., Cbl. ^ , • . ' Burkarth, Johnny, Plantation Club, Indi- anapolis. ™ , « Burton. Paul, Southern Tavern. Cleveland. Busse, Henry, H. New Yorker, NTC. Calloway. Cab, Apollo T.. . NTC. Camden, Eddie, Southern Mansions, K. C. Candullo, Jo<>, Veraalllea Club, Holly- wood, Fla. Carter. Benny, B-O'K, NTC. Cerwin, George, Club Sahara, Milwaukee. ' Chernlavsky, Joset. WLW, Cincinnati, Clark, Buddy, Armando's R., NTC- CUnlon, Larry, c/o R-O'K. Collins. Bemla, Ansley H., Atlanta, Ga. Cornwall. Joe. Newhonse EL, Salt Lake City. ' Courtney, Del. New Kenmore H., A)bany, Cromwell, Chauncey, Faxton H., Lincoln, Meb. Crosby, Bob, Blackhawk R., Chi. Cummins, Bemie, \Vm. Penn U., Pitts. DarlaSe, Gilbert. . Chateau-Frontenao H., Quebec. ' Davis. Eddie, Larue R., NTC. D'Andrea. Josepli. Pepper Pot N.. NTC. Davis, Johnny, Miami CInb. Milwaukee, De Lange, Eddie. - c/o William -Morris. Denn>-. .lack, c/o Wm. Morris. Donahue. Al, Stanley T., Pittsburgh. Sooley, Phil, Palmer H., Chl| Dorsey, Jimmy, State T„ Hartford. DuchiD, Eddy, Lyric T.. Indianapolis, - Duke, Jnles, Tntwiler H., Birmingham. E Ellis. Joe, queen Mary R., NTC. Ennls. Sklnnay, Victor Hugo's R., H' wood. Ernie. Val; Whitehall N., Palm Beach, Fla. F Fentberstone, Spike, La Conga C, Holly' Irood. Feldsteln. Joey, Tie Top Tap N., Mil- waukee. Folton. Happy. Riverside T.. Milwaukee. ' Fraietto, Joe, Jack Lvnch's Walton Roof, Fhllndelphla. FIdler, Lou, Colony Club, ChL Fields, Shep, c/o MCA. Fisher, Freddie, Ijookout House, Coving- Ion, Ky. Fisher, Mark, Royals Frolics C, Chicago. Fomeen. Basil, St. Morltz H., NYC. Foster, Chuck, Xopsy's N., Souttigate^ Calif. Frederic Marvin, Atlanta-Blltmore H., Atlanta. Frederics, Jan, Boulevard Tavern. Elm- hurst, N.T. Funk, Lart7, Frontenao Club, Detroit. The ItreaisHble HU mVY, HEAVY HANGS OYER MY HEARt AND A **Different'' NoveUy wm, THE BUMBLE- BEE, FEELS BUM' On Bluebird B«cord Bie48 VANGUARD SONGS 6411 Hollywood Blvd. hollVwood, calif. AND 1776 Broadway NEW YORK, N. Y. We've Come a Long Way Together. Deep Purple Gotta Get Some Shuteye Could Be .,. Umbrella Man Heaven Can Wait This Is It This Night Good for Nothing.. Penny Serenade. ..Feist ..Pop ..Bobbins .Pop ..Berlin Pop . .Snntly Pop . . Harms Pop . .Remick Pop . .Chappell '. tStars In Your Eyes. , , Bregman 'Honolulu . .Witmark Pop .Shaniro ........Pop 64° 42 39 '37- 35 34 Gaeen, Frank, Adelphia H., Pblla. Oaaperre. Dick. Ambassador II.. .STC, Gay, Leonard, Congo Olub, Milwaukee, Gendron, ilenri, Culoslmo'i N., Chicago. Gill, Emerson, c/o CRA, Qlllcn, Frank. Northwood Inn, Detroit. Gillette, Jack, c/o CRA. Golden, Nell, Stuyvasant H^ Buffalo. Golly. Cecil, Blltmore H., Dayton. Goodman. Benny. Barle T.. AVnsh. Gordon, Gray, Edison H., NTC. Grant, Bob, Book-Cadlllac H., Det. Gray, Ulen, Woldort-Astorla H.. NTC. Gray, Marty, Oasis N., Milwaukee. Gray, Ted, Oatlneau CC. Ottawa, Ont. Grenet, RIlseo. Bl Ghlco. NTC. GumIn, Joe, Chateau Club, Milwaukee. Haas. Alexander, 254 W. T5th St.. NTC. Hall, Geo, State T... NTC. Hall, Sleepy, Show Bar, Forest Hills, NYC. Hamilton, Bob, Malestlo B., Long Beach, Calif. Hardy. Bob, Flamingo N., Boston. Harlng. Bob. c/o R-O'K. Harper, Nlc, Wisconsin Root B., Mil- waukee. Harris, Phil. Wllshira Bowl, Los Angeles. Hart, Llttl« Joe, Club Greyhound, Jelter- Bonvllie, Ind. Hawkins, Bnklne, Savoy B.. NTC. Henderson, Fletcher, Grand Terrace, ChL Henry, Chuck, Paris Inn, I^A. Kelilt, Horace, BUtmoie H.. NTC Herbeck, Ray, Aragon B., Cleve. Hill, Tiny, Melody Mill B., Chi. . HImber. Rlctiard. H. Essex Bouse. NTC. Hohengarten, Carl. CBS, CbL Hoist. Emle, El Morocco N.. NTC. Hopkins. Lea, Chatean-Laorler B., Ot- tawa, Ont. Houck,' Curt, Park Central H.. NTC. Hudson, Dean, c/o Gns Edwards, First Nafl Bank Bldg., Chi. Button, Ina Bay, Rose Bowl, CtU. Jacobs, Howard, Wm. Moirla Agency. NTC. Jacobson, Stan, CInb Madrid, Milwaukee. Jalins, Al. Provldence-Blltmoro H.. Piov. James, Harry. H. Pennsylvania, NYC. Jay, Tallle, Wlrth's Futuristic B., Mil- waukee. Jur^ns. Dick, Aragon B., Chicago. Kaln, Paul, Wardman Park H., Wash.. D.C. Kavelln. Al, Nixon C, Pitts. Kaye. Sammy. Commodore H., NTC. Kemp. Hal. Fox T., Philadelphia. Kendls, Sonny, Stork Club, NTC. Krnney, Mart, Vancouver H., Vancouver, B. C. Kent. Larry, Rainbow Rendezvous, Salt Lake City. Kent, Peter, Book-CadllUo H., Detroit. Kerr. Jimmy, Jerry's Mandalay N., Hol- lywood. King. Llla. Esquire Club, Miami. King, Teddy, c/o ROK. King. Wayne, Drake H., Cbl. . King's Jesters, Clarldgo H., Memphis, Kinney. Roy, Lexington H., NTC. Kirk, Andy, Southland Club, Boston. Kogen, Harry, NBC, Chi. Krupa, Gene, Sherman H., ChL Kuhn. Dick. Astor U., NTC. Kvale, Al, State-Lake T., Chi. L Lally, Howard, Five o'Clock Club. Miami. Lang. Sid. Hl-Hat Club, Chicago. Le wron, Eddie, Ralntww Room N., NTC. Light. Enoch. Taft H., NTC. LIvengood, Tlnney, Open Door N., Mil- waukee. Lombardo, Guy, Roosevelt H., NTC. Lopez, Vincent. Palace T.. Cleveland. Lucas. Clyde, Beverly Hills, CC, New- port, Ky. Lyman. Abe, Royal Palmi Club, Palm Beach. Fla. Malneck, Matty, Cafe LaMaze, H'wood. Manzsnares, Jose. Colony Club. Chicago. Maples, Nelson, Webster Hall, H., Pitts. . Mario. Don, Flrenze R.. NTC. Marsala. Joe, Hickory House N., NTC. Marshard, Jack. H. Plaza, NTC. MartelL Paul. Arcadia B.. NTC. Martin, Freddie, Trianon B., Cbl. Martin. Lou. Leon & Eddie's N„ NTC. Masters, Frankle, Roosevelt H., New Or- leans. ' Matheson, Bob. Rendevous C, Milwaukee. Mayebolt, Eddie, Governor Clinton H., NTC. McCreery, H., Ambassabor H., ChL McCoy, Clyde, c-o Gus Edwards, First Nnfl Bank Bldg., Chi. McDonald. Billy. Hofbreu, Ban Diego. McPartlInd, Jack, S Deuces C, ChL ' Mellen, EarL Madura's Danceland, Whlt- |nir. Ind. Meroff, Benny, Proctor's T., Schenectady, N.T. Miller, Glen, Meadowbrook Club, Cedar Grove, N.J. . Mills,. Jay, Edgewater Beach H.. Chi. Mllllnder. Lucky, State Palace B., NTC. Mllllngton. Basso, Blfck Cat N.. NTC. Mints, Herbls, Oriental Gardens B., Cbl. Hojica, Looh, El Patio B., San Fran- cisco. Molina, Carlos, Sir Francis Drake R., San Francisco. Morgan, Russ, Chez Paree, ChL Morton, Gerry, H. Savoy-Plaza, NTC. Munro, Hal, AthleUo CInb, Milwaukee. Murrey, Charles, Mon Paris N., NTC. , N Nagel. Harold,. Pierre H., NTC, Newman, Ruby, Rainbow Room, NTC. 32 29 27 26 2&. 23 23 22 20 20 19 HoId'Tight Exclusive Pop ..; I Have Eyes Paramotmt. 'Paris Honeymoon I Cried for You Miller Pop Get Along Without You Very Well .Famous Pop Masquerade Is Over. ■. Crawford Pop Begin the Beguine '. Harms Pop Honolulu ; ..,Brecman 'Honolulu I Promise You ABC ; , Pop I Go for That... Famous 'St Louis Blues <18 I Long to Belong to You Red Star Pop is We Speak of You Often. Olman. .Pop 17 You're a Sweet Little Headache .Paramoimt 'Paris Honeymoon. , ; 17 Jcepers Creepers Witmark 'Going Places Ift^ KoTsnce Runs in the Family Ager .' Pop 15 ' Blame It On My Last Affair Mills Pop 14 Chob Sticks...; Shapiro Pop , 14 Funny Old Hills Paramount. 'Paris Honeymoon 14 13 •12 12 12 12 12 12 12 •11 U 11 11 How Strange Feist 'Idiot's DeUght 10 Little Sir Echo Bregman ...Pop Between a Kiss and a Sigh Santly Pop —..' Cuckoo in the Clock Berlin Pop Hurry Home Sbier Pop It's Never Too Late Berlin Pop Moon Is a Silver Dollar Bobbins Pop My Heart Belongs to Daddy Chappell ; tLeave It to Me. Rainbow Valley....; ^ Morris .Pop Get Out of Town Chappell tlieave It to Me. I Want My Share of Love .Harms P6p Never Felt Better .Miller .Pop Patty Cake Sam Fox J'op Nichols. Red, Netherland-Plaza H., CIncy. Knble. Leigbton. Rltz-Cnrlton H.. Boston. Noel. Henry, BS-II 28th St.. Lone Island City, N.T. O'Hara, Ray, Greenwich Village Casino, NYC. Olman. Val, c/o. R-O'K. Olm^n. Gen.. Palomar B.. L. A. Osborne, Will, Strand T.. NTC. Owens, Hairy, Beverly- Wllshire H., Los Angeles. Palmer, Bkeeter, Seneca H„ Rochester, N.T. Paul. Eddie. Columbia B.. Cleve., O. Pendarvls, PauL Palace H.. San Fran- cisco. Petti. Emile, Savoy-Plaza H.. NTC. Pevton. Jimmy, Plaza R.. Pittsburgh. Pllner tc Earl, Blackatone H.. Cbl. Prima, Louis, Jitterbug House, Los An- geles. Fryor, Roger, Chicago T., Cbl. Ramona, Muehlbach H., Kansas CItr. Rapp. Barney, Gibson H.. CInn. Ravazza, CarL Rainbow Rendezvous, San Fronclsco. Ravel,. Don, Greenwich Vlllaga Casino, NTC. Redman, Geo., Omar's Dome C. L.A. . Relchman, Joe, Mark Hopkins H., San Frnncleco. Renard, Jacques, Cocoanut Grove N., Boston. Relsman, Leo, ISO W. STth St., NTC Rhythm Boys, Stevens H., ChL Richards, 'Jimmy, Greystone B., Det. Rico, Don. Seville R., Boston. Robblns. Billy, Coronado H., Worcester, Mass.' Roberts^ Red, Devlnes . Eagles B., Mil- waukee. Rodrlgo, NaAo, Havana-Madrid N., NTC Rogers, Eddie, Syracuse H.. N. T. -Roland, Don; Marcus' Daly, Beverly Hills, Calif. Rolllnl. Adrian, Belmont-Plnza H.. NTC. Roth, Lee, Riverside T., Milwaukee. S Sabln. Paul. Chez Fare'. Omaha. Sanabria, Juanlto. Havana-Madrid, NTC, Sandera. Joe. Trianon B., Chicago. Savltt. Jan, Lincoln H., NYC Shanks, Charles, Bismarck H., ChL Shaw. Artie. Fox T.. Phlla. Sherman, Billy, Bill Green's Casino, Pit Is. • Shelley, Lee, Benny-the-Bum's, Phlla. Shields, Roy, NBC, Cbl. SlsBlOi Nobis, Paramount H.. NTC. Smith, Stun, La Salle H., Cbl. South. Eddie, Btatz's Gardens. Milwaukee. Spltalny, Phil, Pr.rk Central H., NYC. Squires. Four, Stage One. H'wood. Starr. Freddy, Park Lane H., NTC Stabile, Dick, Statler H., Cleve. StoelTler, Wally c/o FB. Straeter, Ted, Monte Carlo. NTC. Straight, Charles, White City B., ChL Strong, Benny, Brown H,. Louisville. Stuart, MIron, Trocadero N., Milwaukee. Sudy, Joseph. Cosmopolitan U., Denver, Swanson, Billy, c/o CRA. Teeter, Jack, Club Terrls, Milwaukee. Thai, Plerson, Milwaukee A.C, Mllw. ' Thela. Henry, c/o R-O'K. ' Thompson, Lang, Brown-Palace H., Den- ver. Trace, Al, Sherman H., CbL Tracy. Jack, Broadmoor CC, Dancer. Trnvera, T«d; Henry Grady H., Atlanta. Travera, Vincent, Paradise R.. NYC. Tucker. Otrln. Palmer House H.. Chicago, Turk, AL Royale Frolics N., ChL Van Gelder, Leon, Melody Club, Union City, N. J. Vaizos, Eddie, 88S Club, ChL VenutI, Joe, Belmont-Plnza H.. NTC. Vlonl, Bud, Cardinal Club, Milwaukee. W Wagner, Buddy, Midnight Sun, NTC. Waples. Bud, Marquette H., St. Louis. On the Upbeat Kay Kyser booked for one-nighter at University of Pittsburgh Military ball March 24 at William Penn hotel. BemIe C^ommliis closes two-month engagement at William Penn hotel Chatterbox April 1, pulling out for series of one-nighters in territory. Fred Warinc slated for week at Stanley theatre, Pittsburgh, April 14. Niok Harper, Milwaukee maestro, currently at Wisconsin Roof, with MCA. Joaquin Garay opened two-week engagement at Victor Hugo, Beverly HUls, CaL Victor Hugo crew doses at Benny the Bum's, Philly, tomorrow (Thurs- day) night' and opens following eve- ning at the Little Rathskeller, half- a-block away, Heplaces Jack Grif- fin's orch at latter spot. Ben BemIe Inked to play at shin- dig of the Philly News Photograph- ers Association in the Benjamin Franklin hotel April 21. Ted Travers opened Friday (10) in Atlanta for two weeks at Henry Grady Hotel's Spanish Boom, fol- lowing engagement at Meadow Brook, Long Island. He'll be followed by Rudy Bundy, who opens March 24. Bands that play this spot are aired on WATL. Idle Hoar CInb, Atlanta, has Ray Rice. Aee Brigode's contract at Merry Webb, Chick, Paramount T., NTC. Webber, Harry, Clover Club, Milwaukee. Weber, Henry, WON, ChL Weber, Marek, NBC, ChL Webster, Ralph, Tantllla Gardens, Rich- mond, Va. Weeks, Ranny. Club Maytalr. Boston. Welk, Lawnnca, Schroeder H., Milwau- kee 'Whtteman, Paul, Bouthwestem Bxpo, Ft. Worth. . Tex. Williams, Grlir, Victor Hugo's R., I,.A. Winston. Jack, Athena Athletic Club, Oakland, Calif. WInton, Barry, Rnlnbow Grin, NTC. Wlttlch, Dories, YaV R., Chi. Woods, Howard, Village Bam, NTC. Tates, Billy, Bl Tlvoll Supper Club, Dal- las, Young, Sterling, Bill Green's Casino, Pitts. ZIpp, Bddle, Old Heldelbers N., Mil- waukee. Zwerllnr. Ruby, Stato T., NTC. Garden ballroom, Chicago, has been extended to May 18. Woody Herman orchestra Is tenta- tively set to go into the Famous Door, N. Y, March 21 for thre« weeks with a three-week option. New Teddy Wilson orchestra is set to preem at the Door April . 24.' It's currently In rehearsal. BoOi -crews will have NBC wires. Harry James closes at the Benja- min Franklin Hotel, Phlla., March 18 to replace Ben Bemie the 16th in th« Pennsylvania Hotel, N. Y., until Kay Kyser in turn replaces It April 8. Tommy Dorsey Is set for the Penn's roof, opening in May and staying until Sept 17. Bed Norvo returns to the Benja- ^nin Franklin Hotel, Phila., April • for two weeks with options. Artie Shaw's first biography, writ- ten by Jerry Mason, will be part of the March 24 issue of Radio Mirror. Barry WInton, who opens at the Rainbow Grill tonight (15), is paced by a rarity. Winton plays a bass viol. Dalbar, Inc., has been chartered to organize and manage orchestras and bands, with office in New York, Directors are: Attorney Louis P. Randell, Harold L. Gamer, Rudolflns Schreiber. Capital stock is 100 shares, no par value. Frank Salto Bankropt Frank Salto, known as Frank Sol- leclto, musician, filed a voluntary pe- tition of bankruptcy in the N. Y. federal court Friday (10), listing lia- billUes of $2,496 and assets of $975. He's member of Will Osborne's orchestra. OLD SONG SUGGESTIONS JIMMY McHUCH'S "LOST IN A FOG" Robbina Music Corp. A Tisket A Tasket — My Reverie — Deep Purple — And Now' THE MOON IS A SILVER DOLLAR : c. M PAR M^^. c by SAMM^ rA!N .^GB.MNfb MUSIC CORP p, RATION 799 SEVENTH AVENUE ■ NEW YORK f Wednesday^ Marct IS,' 1939 ' MUSIC— DAKGE BANDS VARIETy 41 15 Best Sheet Music Sellers (Week endinff March 11, 1939) Deep Purple Robbins Penny Serenade • . Shapiro Ifmbrella Man Harms Little Sir Echo Bregman I Get Along Without You Very Well. Famous I Promise You ABC •You're a Sweet Little Headache Paramount •I Have Eyes Paramount God Bless America Berlin I Cried for Yoiw-... ...Miller Hold Tight . . . . .T Sxclusive Masquerade Is Over : . . . .IJrawford Could Be Santly You're the Only Star Shapiro •Funny Old Hills ; Paramount • iTidicotes filmxisical song. t Indicates stage prodttctton sonii. The others are pops. hside Stuff-Music 1^0 Feist, Inc., was ordered on Thursday (2) to submit agreements cover- ing the rights to the scores of 'Rio Rita' and 'Kid Boots' for examination before trial in connection with a suit brought by Edgar F. Bitner and the Estate of Leo Feist against MOM Pictures Corp., for $88,500, by Su- preme Court Justice Ferdinand Pecora. Plaintiffs claim that amount is due as the last payment for the sale by them of 1,450 shares of Leo Feist to Metro in October, 1935, these shares representing controL The defendant is counter-claiming for $128,000 on the grounds that cer- tain rights supposedly Invested in the estate were not actually owned by Feist, although they had been informed that they were. Synchronization and dramatization rights to 'The Rose of Washington Square' has been obtained by 20th Century-Fox from Shapiro, Bernstein & Co. at a reported price of $5,000. It's a high figure for this sort of deal. The song, written by Ballard MacDonald and James F. Hanley, was pub- lished in 1020. ' Al Jolson and Alice Faye are slated to star in the film version. 'Park Avenue' Fantasy,' instrumental by Matt Malneck and Frank Sig- Dorelli, will have its 'middle strain' extracted and developed into a pop long by Jack Robbins. A new title will also be used. This comes on the heels of the success met with T3eep Purple,' when one of Its four major strains was developed Into a pop hit. Only three tunes In the past week's list of 15 best sellers come from pictures and all three are in the score of Paramount's 'Paris Honeymoon.' Of the trio, "You're a Sweet Little Headache' and 'I Have Eyes' fall within the first 10. Tunny Old Hills' Is the remaining one of the threesome. PHILLY LOCAL MEMBERSCHIDE MCA,CRA Philadelphia, March 14. Blast against Music Corporation of America and Consolidated Radio Art- ists Is being prepared by tiie Philly .Musicians' local for presentation at fte national convention of the Amer- ican Federation of Musicians In June. Complaint Is that MCA and CRA, particularly the former, have purchased a monopoly on network time for remote, band airings that Is discriminatory agiiinst local orchs. Long felt to be hurting the tooters' chances of placing local bands, the Issue came to a head here a few weeks ago with the expiration of Jeno Donath's termer at the Hotel Walton Roof. Operator Jack Lynch, on urging from Uie tiotel, sought to replace Donath with an MCA crew. Inasmuch as it ia impossible to hit the webs with a local outfit. Hotels feel that three or four network plugs ■ week are Invaluable in building room trade. Inasmuch as . Lynch only rents the roof and has nothing %> do with the hotel, pressure from *e AFM got him to replace Donath with another local crew, Joe Fraset te's. Latter has a 25-week ticket. Charge to Advertising Union claims that MCA and Con ■olidated spend about $50,000 a year between them to- buy up all avail- able time for remotes, amounting to 20 half-hour periods a week. This "Mkes it impossible for a band to break In without their sanction. Rex Reggie Childs UBtied After complaining that he was not properly provided with work, Reggie Childs asked for and received a re- lease from his contract with Con- solidated Radio Artists last week. Bandleader was given several days to think it over, then was released Saturday (11). Two other batoneers are also seek- ing releases from CRA, both sound- ing out the band booking outfit on the matter with no indication of what will happen. They were Mike Riley of 'Music Goes Round' note, and Rudolph Friml, Jr. Bob Saunders and Aide . Leaving Consolidated Bob Saunders, who headed the shuttered Consolidated Radio Artists Dallas office, is out of the CRA or- ganization entirely after confabs last week with Charles Green, CRA head in New York, Cress Coiurtney, as- sistant to Saunders, also is out Dallas territory will be serviced by a road rep out of the CRA Chi- cago office. Latter is headed by Stan Zucker. NBC Financial Expert Assigned to Examine Consolidated Policies NBC has placed one of its financial experts in the offices of Consolidated Radio Artists, Inc. He is Charles Wall, who has been attached' to the NBC treasurer's staff. Mark Wood, NBC v.p., explained Monday (13) that Wall has been as- signed to work with Consolidated in straightening out financial matters. Relationship between Consolidated and NBC dates from 1936 when the American Federation of Musicians ruled that no employer of musicians could be also engaged in the band booking or management business. Consolidated assumed NBC's band management contracts and the net- work advanced. a loan to help Con- solidated get started. Musicians Union Vs. World s Fair A Running War with Many Battles New York Local 802 of the Ameri- can Federation of Musicians and of- ficials of the N. Y. World Fair are repeatedly coming to grips over pro- jected items at the fair involving mu- sic. Latest concerns the cavalcade of America which will be on view in- side the Fair's Perisphere. Idea is to provide appropriate musical back- ground for each scene depicting the progress of the United States which the Perisphere houses. Music would be on a sound on film track. Union nixed the idea saying live musicians would have to be used. Union and Fair are still at loggerheads over the matter. Several weeks ago a western ex- hibitor wanted to bring in a home- town band made up of employees of the company, and which took part in local company shows. Exhibitor claimed the band fitted into the ex- hibit in such a way that if it wasri't used, none could be used at all. Union nixed that also. St. Louis, March 14. Because of complaint made by Lo- cal No. 2, AFM, the McKinley High School band, skedded to lead Boy Scout parade as part of the 'Ameri- canization Week' observed by the Elks was nixed last week. The 55 high school pupils who had re- hearsed for two weeks had been as- signed to head the parade from the Elks' club to the Congress theatre, where patriotic films were shown. The night before the parade, C. A. Humfeld, music instructor at the high school, and a member of Local No, 2, was told to call the amateurs off. As school had been dismissed, Humfeld hired bicycle couriers to notify the tooters their services wouldn't be needed. The day was not lost -however as the 1,000 scouts marched to the music of a drum and bugle corps of the Walter Haltfeld Post No. 25, American Legion. Lo- cal No. 2, at a special meeting, had also vetoed plans of the Elks to util- ize the firemen's band in a patriotic parade and to have the Ellcs band from Washington, Mo., play at a din- ner dance. Instead, a imion group of tooters was employed. Al Marsleo, with Bob Carter doing vocals, opens jndef stay at Nixon Cafe, Pittsburgh,. March 25, succeed- ing Al Kavelin, who goes into Hotel Commodore Perry, "Toledo, O., for two weeks. Placed by Joe Hiller.' Ernie Fio-Bito and his semi-sym- phonic crew now airing the 'Studies in Contrast' program on WOR-Mu- tual, signed by Rockwell General Amusement last week. Riccardi, secretary of the local, said that Jules Stein, MCA prez, admitted this last year. Riccardi declared that, getting these plugs, it is apparent that it is advantageous to a hotel to hire a traveling band rather than local one. For one thing, he said, the expense is charged up against advertising, as the band indirectly serves to fill rooms. Network plea that local bands aren't good enough for national air- ing, Riccardi said, is so much boloney, because as soon as the band signs with MCA or CRA it suddenly improves in quality sufficiently to hit the webs. He declared that he is working out e deal with MCA as the result of his squawks and that the Hotel Walton crew may get network time on an amicable arrangement. Resolution compelling action on the entire situation will be Introed at the convention, Riccardi stated, jointly by the Pittsburgh, Cincinnati and. Philly locals. i»i Hit Cor^r . . . A l>«m«r(>il !kAn> ftwm «i> New Vnivenal riMiire, By JOai^NT B^IKI^E JIMMY MONACO EAST SIDE OF H Exquiaite Imt BaUiid """""""'Z7^^M, ^^^^^^^^^^^ ^^^^^^^^^^^ iMictcsMr to **l>OCKETFbL OF OREAMy* YOUR HEART ON A HICKORY LIMB ■JOY-SELEC^H wmm. €B£CAGO Grand Opera HooM B«iMiH|K HOtL3rW ^ opened OS mx. at Benny the Bum's, nitery here. THEATRE of rhe STARS with the tag of Cartnioe alteraates on the vo^l'. Ennis has the room all to himself on other nights, Sun- day being the only show tnne. Couvert at all times is one buck, with the dinner going for 12. Stndes get special tale on- Friday nights wfaaa they poor In en masse. Only grotto in town where everything else Is incitten t al, to the food, ^wt gets a terrific hmch and* buiMjucI play, and most of the picture and radio mob use the catenng sernce; Room- holds 400 and is restful in spite of its ornate appointments. Helm, CHASE CLUB (HOTEL CHASE, ST. LOVIS) St. Louis, March 10. Consoto & Melba, 3 Tt'oiaRS,.Buddv Moreno, Monte Kelly, Griff WtJ liams' orch (9). BOaKINa AGENCY GEMKRAL iXECUTIVK OFFICES LOEW BtDG. ANNEX MO WEST 4t™ ST. NEW YORK J. H. LU B I N •iNIIAl MANA»EK SIDNEY H. PIERMONT ROOKINO MANAOER With . Lent in tuU stride In this predominently Catholic town, niteries are doing their best to kieep biz on an even keei. Operalors jae not. go- ing 'overboard in botAlng talent, but are' resorting to the printed word to keep the customers coming. Popu- larity of ballroom dance teams with operator^ even though some cus- tomers' dissent, goes on unabated, and it's a rare- week when one of the three class ^ts doesn't have such a combo. . At this spot Consolo if Melba are eqionents of ban room terpsichorean routines, and except in one instance their work is no better or worse than predecessors seen during current sea son. The exception is an American version of the rhuml>a done at a dizzy pace. Limited by the small worldng space, the 3 Trojans, a tumbling act, show excellent timing by not somer- saulting into the laps of the ring- side diners. Buddy Moreno, a guitar- ist with the band, doubles nicely as singer, lieing particularly apt with 'Could Be.' Monte Kelly, trumpeter, also does some tenoring. Griff Wil- liams; who m.c.'s the snow with the fewest adjectives possible, has a sock turn on the ivories when the tooters pour forth 'Deep Purple.' Sohii. MARINE ROOM (Edgewater Beach Hote^ Chi.) CTiicoffo, Morch 10. RoTnos & ilTonette, JIfarv Saekley. Harriet Smith Girls, Herbert Foote, Stuart Fraaer, Billy Scott, Eugenia McGee, Jay Mills orch. For a big, class nitery In a big, class hotel this 1,400-seat room hard- ly gives its patrons the tyi>e of stuff that's needed. Fortunately Mills and his aggregation work so hard and so effectively that they manage to make up a great deal for the 'ineffectual floor ^ow. Latter consists of • fair ballroom team, Ramos and Nanette, who waltz, tango and rfaumba. Appear- ance is excellent, but ttt» routines could be brightened up consider- ably. House line is pretty good, coming through with some solid numbers, especially the dosing strut routine. Mary Sacldey is an eyeful, and a warbler with a satis^ing pair of tonsils used on novelty tunes which sh» puts over nicely. But for toe nlvation ol the- entire affair ther* is only the valiant work of the Jay Mills boys. They give out with real entertainment in spite of . sad handicaps. Room itself needs iflenly of zearrangement and redecoration. Staging is woefully vrealt and drab. That Mills is able to top most of these -disadvantages is distinctly to his credit Mills bims^ has plenty of personality and showmanship. In addition, he has assembled ian or- chestra that Is a novdty with its modulated instrumentation, stresjring. strings and reeds rather than brass. Stand-out item is the occasional use of seven violins. Including tme- played by .Ifills himself. Orchestra shapes- itself into a glee club fnmi time to time. It is good stuff, with Mills doing the- choral directing neatly. Ih the solo depart- ment; Eiigenia McGee is a^- class singer, with great p^ies in a low register. From the band, Stuart Fraser hits 'em with a tenor, while Billy Scott comes tfarou^ fli. a bari- tone. Both suitable. Herbert Foote plays tlie organ pleasantly- at -intermission time^ Gold. CAFE SOCIETY, N. Y. Meade Lvx Lewis, Pete Johnson, Albert Amman, Jack Gilford, Joe Tunter, fiiIHe Holtidav, Frank New- ton't orch. Designed as a satire on the up- town silver moon set, this Villaige Bpoi is attracting^ plenty of attention on another score. It has managed to gather under one roof, three top exponents of boogie-woogie, Meade- Luz Lewis, Albert Ammon and Pete Johnson.. Like the' two warblers, Joe- Turner and BilUe Hollidav, and Ftank Newton's band (8), they're all colored. Only' ofay portion of the show is Jack Gilford, m.c. Although the fame of the- trio of b.-w. pianologists is centered mainly in those lovers of hot jazz (not to be confused with jitterbugs) who have been listening to their discs for years, current Interest in this type of music and waxings is picking up apace and attracting trade. Even to those whose Icnowledge of boogie- woogie is as vague as thermody- namics or astrophysics, beat of the J llanos when the whole trio get go- ng together is irresistible. Their unusual playing is not only inter- esting, but good entertainment Gilford is over-gabby in his In- troes; although he might forget some of his other ^iel in favor of a short explanation to the iiatrons of exactly what it Is they are about to hear ami what to listen for. Inhlaown tiSr his material diows considerably mnr. thotight and Imagtaatioh than ih2 average m.c; but doesn't get him far Personable In a way, his forte is hS mimiciy, mostiv in pantomime For toe warbling of the two vocal- Ists, the mike is set aside, jo. Turner's pipes are strictly of the low-down school With its peculiar Rasing and lack of tune, this type shouting takes considerable cultivation of taste to be really an. preciated. Samef is true, althoush not so markedly, of BUlie HoUid»^ femme. Sho does 'Summertime' and 'JTeepers, Creepers' hi the more pop. ularvein; The hrory-thumpers wind up the show, each soloing at the start. Then in- duets, and finally two on one piano and the other on a second, all - together. Instruments bare their frcnts off, revealing hammers and ^ings, Johnson gets more tune into his worlc, while- Ammtm stands out for his line. teehnl<|tie and effortless (Continued on page 47) FORSYTHE. S€AMON and FAttRELL SimO FISHER 75/77 Shaftabury Avenue PICCADILLY. LONDON, ENG. Aire naMos . - . .-. TMtto, Canada, fab, Inislit abrat Ove te«t JSH Iii^M, bat- baud of U .New Korfc Oltr aboa* Wis, eoaOaettog-. maOr- TlO* traape -Jbn. KMk * CaMaaar." coaunaalcat* ai •■«» wHJh Jato W. Rawland. Bairiitcr-at-L«w, S3« Bin Stmt. Tavaota, CW aa ia . . Beat Coffee in En^aiid QUALITY INN Leioestar Square LONDON, WE8T-END AL ZIMMEY Pinch- Hittina 606 CLUB, CHrCACO Batting Average .350 Thanks to Sammy Clark Tm a MON ABOOT TOWN! Just ask for me at your favorite bar-r-r . . . and I'll gie ye a real treat! If*s sensible to stick with BORN1820,,. stiU going strong BED LABEL, BLACK lABBL, UrortoM. tH»U.ttrttf. Johnnie Walker BLENDED SCOTCH WHISKY CANADA DRY GINGER ALE, INC. NEW YORK. N. \.; SOLE DISTRIBUTOR . Booked and Now Playing Tlu'ough JACK DAVIES OFFICE MILTON BERGER, Associate Following Acts lOHNNT WOODS 1 PANSY THE HOB^^ BOXY, NEW YOBS THE STAFLETONS j COUNT BERNIVICI UNIT - - - . SHEA'S TOBONTO EDNICE HEALEY - - - ^ANLEY. PITTSBDBGH CABBOLL ond HOWE PALACE. CHICAGO OXFOBD BOYS - LOEW'S, MONTBEAL VIC HYDE LYBIC. INDIANAPOLIS CATHEBDIE WESTF1ELD LYBIC, OfDIANAPOUS GUS VAN KEITH. BOSTON BOBBINS BBOS. and MARGE - KEITH. BOSTON BOB BROMLEY HIPPODB(»IE. LONDON STILL AT Suite 2212, RKO BnildiiiK, Radio Gty, New York Phone Circle 6—7590^7591 Ygor and Tanya European Dancers Avpetaing at Earl Carroll's Hollywood Theatre Under Contract to 20th Century-Fox HOPE EDDIE MINOR and ROOT HOLLYWOOD BEACH HOTEL. FLA. FOR TWO WEEKS f Wednesday, March 15, 1939 ▼ARBBTY HOUSE REVIEWS VARIETY 45 STATE, N. Y. Al Gordon's Dogs, Rolf Holbein, KMU CarUsle, Ross & Stone, Walter omBeU's OTCh, Ruby Zwerhng's house o?X;'Toppei- Takes a Trip* (VA). Vaudeville with the vim omitted pcevalls this week at this Loew's house. Wallop Is never delivered. Banmr Ross with Maxlne Stone and Walter Powell's orchestra (New \"ts) are the comedy standbys. The timet turn has been around for a W time, Is amusing in an ambling, punchless, Ingratiatmg sWe, but not an act to rescue a Dill that can't exercise much potency in its own rleht Powell is an unripe fruit off Miat ti«e of hokum carefully brought to bright blossom over a period of years by Frank and Milt Jrltton, of whom Powell is an ■lumnus. The three-sheets mention only Kitty CarUsle (New Acts) as the jieadllner. She discharges her part of the entertainment with the solid eommand of an artist who uses a nice voice to telling advantage. Following Maestro Zwerling's ap- pearance in the trench, the program Sets started slowly with Al Gor- on's dogs. Slowly, because it's all comedy stalling the first half of the turn, which is entertainment ex- tracted from the situation of noth- ing happening. Gordon's showman- . Sip is clever and disarining, and, barring some repetltiousness be- yond the . point of amusement, his act Is in safe, broad ' terms of pop diversion. Act comes up to a lively ■team-kettle tempo for the finale, •lid got the best ' laughs on the bill In that f&st 120 seconds before the bends. There's a stage wait before the Rolf Holbein act. This stage wait Is partly a result of Benny Ross being in a state of emergency need ' for new material However great bis poise — and It Is great— he sim- ply cannot get any results for him- self or a vaude bill by ldl7 standing on 'a comer, so to speak, waiting for somebody to come along to In- spire a wisecrack. Of course, this stall Is probably primarily to set up the gadget^ used by Rolf Holbein. Even so, a comic around as long as Ross and called upon as often to fill in or m.c ought to be over the plate tight off. ' Rolf Holbein's novelty has been ■een too frequently to require ex- tended notice. Suffice that it pleased. Lond. EARLE, WASH. Washington, March 12. Ted Allen, Gene Sheldon, Carole Manners, Del Riot, James Barton, Roxyettes, house line; 'The Okla- homa Kid' (WB). Six acts hit a new high In novelty menu this week to give the house a Bsooth, varied and spectacular re- vue. Altogether either Gene Sheldon or .James Barton could have been Used as emcee, spot is sticking to its popular stunt of using sets of two, three and four line gals for multiple Introductions and background' atmos- phere. Line opens In gliigham dresses for »well hillbilly number, mixing born dance, rube taps and touches of can- can. Gals fall back on fuU sta«e for Ted Allen, champ horseshoe tosser, in satin cowboy garb with similarly costumed stooge. Allen Tuns gamut of barnyard golf stunts. Including pitching ringers with blanket between himself and pin. wind-up has stooge lying on back noming two paper hoops through Which Allen flings ringers. Trio of gals introduce Cfene Shel- aron, who wanders out before trav- S pantomime, including jat sticking on curtain. Spies banjo on chair and goes into pop medley, fcaturmg quiet, slow rhythms build- ??| *® spectacular finale. Gal in eve- eLSj^ on on l»ow and drags S.)™«°u:'?,';V'" more dope panto- mime, highlighted by nut sfunb syn- Wironized with drummer and rlot- Sifa*"^j°' P.*^*"? l>ajr from gal's nead and sewing fingers together. Carole Manners warbles 'Penny Serenade' and 'Gianina Mia' in ffSong, clear soprano to good results. Mia Manners next takes side mike i?„f o 'Deep Purole* during effective with gals on two tiers JI^J« °1 ostrich fan formations under changing lights, contrasts get- «ng repeated applause. Del Rios then ^ove out, two men In tuxedos and fni "* ™, evening-gown pajamas, sophisticated acrobatics. Trio sjnr^ around . conventional hand- stands, et al. to achieve swell balance and leverage poses, effect heightened KL""?,*?** "81 works In middle of rfi^l'^'Sh stuff. Finish has gal standing on shoulders with man do- ing handstand on her hipbones: Well received. James Barton barces out to go Into ?ow rhyttim warbling of 'Alexan- ders Ragtime Band.' Follows with enactment of 'Mike Donovan,* who has an imaginary fight with a mad ?,°8 and gets successively pie-eved, "t, stiff and numb in /tour of bar- rooms, one of longest sustained im- personaUons attempted in local vaude and one which holds audience throughout Finishes with slow rhythm tap and swell soft-shoe struts. Travelers open on full stage with gals in short blue and white ^gham dresses who climb atop eight-foot ladders for informal teeter number in which one gal who reiieatedly falls off has house in stitches. All tt^ple off for finale to good comedy close. Biz okay. Craig, PALACE, CLEVE. Cleveland.' March 11. Kay Kyser orch, SuUi/ Mason, Vir- ffinia Stmnis, Horry flobbitt, Ishkobib- ble; •Yes, My Darling Daughter* (WB). * ^ There's, no doubt that b6th Kay Kyser .and the Palace will wind up with a boom week, striking the richest pay-dirt of the season for this RKO de luxer. Backed by 'Yes, My Darling Daughter,' a natural because of censor publicity, it's a bonanza draw. Besides stampeding the young swingsters, Kay brings out a gang of comparative old-timers who remem- ber back to the 1920's when Charlie Tend boosted him into, big-time at the old Bamboo Gardens on his local bow. Slump threatened opening por- tion of Kyser's show on this viewing when for nearly five min- utes the bandmaster couldn't get any volunteers foe 'Musical Class' quiz. Afternoon crowd of youngsters was too awed or naive about such stunts tmtU Kyser turned on' a high-pres- sure stream of nutty gags, mugging and everything but nip-ups. That bowled 'em over, but I^ser has found out since that all matinee audiences in these pastures are as bad as Missouri mules in breaking down. Has to do a lot of quip-re- vamping to get the patrons sold, but once they're sold, they stay hot for the rest of show. Majority of quiz contestants picked by drawn ticket-stub num- bers proved to be either screwballs or dumbbells about musical matters. Made it tougher on Kyser, but re- sulted in unexpected laughs when he had to cut up monkeyshines to give them a hint Mix-up by judges was neatly covered by emcee going into mad jitterbug with a $3 win- ner. Although there weren't any stooges among contestants, one de- liberately planted for some straight horse-play would tide over the slower spots. This radio-patterned portion, de- spite its kidding and spontaneity, is too much of a contrast to musical section in pace. Band gets off with a high-geared version of 'F. D. R. Jones' and has a sock even in its standard numbers. Kyser originally emphasized clowning with alligators, but wisely cut It dovm later, not wanting to satiate the customers. 'Virginia Simms is easily the neat- er eyeful with warmest set of trained' vocal chords that house has had decorating a band this semester. High-lighting 'St Louis Blues' and 'Deep Purple' smartly, she also turns 'Umbrella Man' into a clicker with Harry Babbitt's top-notch help. Ishkabibble and SuUy Mason add a couple of able comedy numbers, but for chuckles they aren't up to Kyser's brand of mugging. Pullen. PALACE, CHICAGO Ch.ica0o, March 11. Doris Rhodes; Bud Harris & Co.; Gilbert Bros.; Carroll & Howe; Chester Hale Girls; "You Can't Cheat An Honest Man' (V). Current show consists of four vaude acts and a line of girls for a nice entertainment blend, Doris Rhodes carries the singing end and strongly. She has appearance, a pair of pipes, delivery, showmanship and a song called 'Deep Piirple,' which impressed the audience at this view- ing. The Chester Hale girls are be- ginning to go with the lease here. They are on three times with three fairish routines, but they are 24 strong and 24 girls make a fiash. Gilbert Brothers are standard and clean-cut with their bar acrobatics. They make a nifty appearance and work with neat precision, giving them a head start with any audi- ence. Are suitable for any vaude sta^e and can fit in on many a nitery floor. Pace and material are an imme- diate necessity for Carroll and Howe. Miss Carroll really has something to offer with her fine sense of comedy, but she must keep moving forward at this time. Should cut out. the kibitzing with the orchestra and tend to the job at hand. The team :has come along in good fashion with their crossfire and dancing during the past three years or so, but now they need a brush-up for that added lift Bud Harris and company are now four people and they turn in a fast colored comedy act which garners plenty of laughs. 'It's a general mix- ture of gags, songs and dances, but it all adds up to variety entertain- ment Business was okay at the last show Friday (10). Gold. ADELPHI, LONDON London, March 4. Max Miller, Florence Desmond, Maurice Colleono Co. (5), Cyril Fletcher, Stanley, Eddie & Mae. Ross & Bennett, Boy Foy, Batie & Foster, Morian Polo Co. (3), Adelphi Ballet, Tex Shamva Co. (3). Current show is ' practically straight vaudeville, and as such it has more than a fighting chance. Opening is The Powder Piifl,' just an opening flash, in which the Sher- man Fisher gals use white muffs for shadow boxmg. Ross and Bennett, who follow, are worthy of a better spot. Gladys Bennett is cutely zany, with a laugh that's infectious, while Joe Ross is a perfect foil. Following them is Boy Foy, who goes through the whole_juggling gamut atop a unicycle. The juggling alone would do nim credit on terra firma. Very good response. Florence Desmond In a series of mimicry is still the best in her line here. Best are her Bergner, Hep- burn, Courtneldge and Matthiews. In the last, which is her encore, she does a 'bum-up' with the o'l^chestra for playing too fast f6r her dance. Most outfronters' thought this was tactless. (Orchestra is led by Dick Crean. former Palladium maestro, considered one of the best in his line.) Pola, Trixle and Jean open with waltz, then Trixle goes into a con- tortion routine, fair, with Pola fol- lowing with steps to the 'Chauve- Souris' 'Wooden Soldier.' Act is a holdover from last week. Likewise holding over are Batle and Foster, colored duo, who gab a la Joe Miller. Their turn is redeemed by some good steps, especially by Batie. Stanley, Eddie and Mae, latter from the now defunct Kafka, Stan- ley and Mae act a former American standard trapeze turn, use a good part of the former routine, but arc nowhere as showmanly. Definitely belong to an opening spot. CyiH Fletcher, also here last week, is somewhat of a radio name. His pseudo Oxford accent was liked by a goodly portion of the house at this catching, out many looked askance. Maurice Colleano Co. (4) has been around here for a few seasons. Of- fering is a flash, comprising fast stepping, acrobatics and contortions of the best Maurice is the head man, supplying most of the comedy, which Is very effective. A laugh hit comedy balloon dance by Maurice, in femme attire, and George. Max Miller, in for a fortnight Is a natural in the next-to-closlng niche, Has that intimacy and aggressive- ness which the English love. Always on the blue side, but is so disarming it gets him away In most spots. Tex Shamva Co., man and two women, close with some lariat throwing and rope spinning that's ancient Rege, ORPHEUM, MPLS. Minneapolis, March 11. Jan Garter orch. (13) , VicM ilUen, Fritz HeObron, Frederic & Yvonne, Lee Bennett, George Gtvot, Three Ryans; "They Made Me a Cnminar (WB). This show, built around the Garber orchestra, lacks the flash and show- manship that give lustre and an at- mosphere of pretentiousness to simi- lar presentations of other name bands. Perhaps that's why it appears to evoke only a comparatively mild response, although irs pleasing en- tertainment As Garber himself ex- plains, it's very Informal. Even the orchestra arrangements and rendi- tions seem to eschew showiness, and Garber, in his capacity as nvc and conductor, refrains from all didoes. Aggregation, although heavy on brasses, confines itself almost entirely to the sweeter, quieter rhjrthm, play- ing the familiar old standbys in a rather conventional fashion. When it does go In for the swing stuff, how- ever, the jitterbugs find the proceed- ings much to their liking. Swing arrangement of 'Martha' is a good starter for the orchestra, fol- lowing which Vicki Allen, a looker, makes the first of two appearances, with difficult and novel tap routines ably executed. Later in the show she clicks with aero dancing featured by high back and front kicking and one-leg somersaults. Fritz Heilbron steps out of the or- chestra for an okay vocal during the Garber version of 'Jeepers Creepers,' Fredric and 'Vvonne, youthful and attractive, dancers, combine a bit of adagio work and whirls and twists with their ballroom gliding. Return- ing near the end of the show, this boy and girl team i;ive the hencats plenty to look at with some red-hot swinging, climaxed trucking and like terns. A comedy pianist has the orches- tra's assistance in musical tomfoolery that works out well enough. Then Lee Bennet robust baritone from the band, warbles 'Sav It Isn't So' and Down in New Orleans' in ace style. Orchestra's 'smooth rendition of a medley of pop numbers paves the way for George Givot who discourse.<; amusingly in scrambled dialect anent the 'international siiuatlon.' Patter Is irood for a succession of chubkles. .Some of his stories skirt the edge of Indigo, but they're not too offensive. Finishes with a sont; and dance -bit for an encore and stops the show. Garber solos Three o'CHock in the Morning' on the violin, preceding the Three Ryans, knockabout acrobatic comedians, whose burlesque adagio and slapstick provide plenty of belly laughs. Their oldish and bluishly tinged gags, however, are no asset to the act which undoubtedly would create a better Impression if it were restricted to the comedy spills, falls and rough physical stuff. For finale the band swings 'Sweet Sue,' but it's too tame for a finish and leaves the customers cold. Biz good at the late Friday mati- nee performance. ' Rees, EMBASSY, N. Y. (NEWSBEELS) It's practically all run-of-the-mill stuff, this week's collection of news dips. Were it not for a glimpse - of the Japs taking Hainan (Metro), with lots of smoke in the background, one might, gather the impression that all is well with the world, on both the foreign and domestic fronts. Any- way, it looks as though the camera- men are enjoying a respite from ex- citement The newsreel parade leads off with Paramount's version of the opening formalities of the CIO-AFL parley, with words of reassurance from spokesmen of either camp and the Secretary of Labor, Francis Perkins. The Hainan bit . comes soon afterr. ward, and then Fox takes over for a review of the Mediterranean situa- tion. First it's General Franco ex- changing salutes with his fleet and troops, and then the British King launching a ship. The projection of Franco's pan inspires the only dis- play of audience reaction during the runoff. Patriotic themes score from two quarters: Fox's report of Congress' celebration of Its 150th anniversary with excerpts from the speeches oi! President Roosevelt and Chief Justice Hughes, and Pathe's view of Massa- chusetts's Governor SaltenstaU put- ting the flnishlng touches to that state's ratiflcaUon of the BiU of Rights. It seems that Massachusetts had just discovered the oversight The disaster department is repre- sented by a shot of the Halifax flre In which 35 perished (Par), a freight train wreck In S. Wales^ N. Y., and Unlversal's clip of a disabled British submarine beingpounded by waves off the Isle of Wight On the silly side there's Lew Lehr (Fox) making dialect commentary for an exposition of chemically treated water on which even a duck can't float and the con- troversy between Maine and Phila- delphia chefs on how claim chowder should be . made (Par). Likewise there's the Inevitable parade of bath- lilg suit cutles and Miss Florida 103B (Fox). Baseball fans are reminded that spring is on the way through pick ups from the training camps,, with Pathe; Fox and Metro the contribu- tors. Other interesting spot bits are Fox's coverage of the Widener han- dicap (Hialeah) and the $100,000 Santa Anita race, plus Pathe's high- lights of the la'test (Solden Gloves slappery (Madison Square Gardeii) Odec ROXY, N. Y. Helen Reynolds SIcatinff Girls (8), PoTisy the Horse (3), Jayne Dover, The Stapletons (2), Johnny Woods, Goe Foster Girls (24), Paul Ash's house orch.; 'The Little Princess* (20th). revietoed in Variety Feb. 22. The Roxy couples a fast-moving, 49-minute stage snow with the tech- nicolor 'Little Princess.' There are no names, Shirley Temple in the pic ture figuring as plenty potent at the b. o., but there's entertainment for the customers once they're seated. One unusual feature of the flesh gortion is the comedy derived In a ouse of this size. First Pansy the Horse, standard for years, wows 'em: later Johnny Woods gets a good measure of laughs with a series of imitations nicely tied together In a narration to take the curse off an overdone routine. . Woods, incident- ally, was one of the first imitators of the radio well-knowns when In part- nership with one Jordan years ago. He's also a . quick repeat for this house, having played the Roxy only several weeks ago. The Stapletons, nice-looking mixed rhythm dancing team, on the order of Fred Astalre-Ginger Rogers, also stand out with two routines. They're just arrived from the Coast In the opening slot the Helen Reynolds Skating Girls (8), cued by the Gae Foster line, also on rollers, Insure an annlause teeoff with standout tricks and whirling. Foster girls have two routines, one. In picture hats and flossy gowns, is very slow and overlong at the half- way mark. The second (finale) is highlighted by excellent costuming In kilts and good rhythm tapping, but doesn't sustain the swing tempo set by Jayne Dover, the show's vocalist She's preceded by two male bag- pipers and gives out with a heated ^Old McPherson Is Rehearsin' to Swing,' making way for the line. Letter's dancing' and precision are both very good, but the Intricate hoofing slows 'em up, whereas a faster tempo would mean a smash curtain. Biz at last show openlhg night (Friday) was fair. Scho. PARAMOUNT, N. Y. Chicfc Webb orch, LtTidy Hoppers (6), Soufhemaires (4), Two Zephyrs, Ello Fitzflerold; . 'Never Say Die* (Par), reviewed in Variety, itiorch 8. Chi<^ Webb's band, despite Its high ranking as a name outfit bas primarily a jitterbug appeal not best suited to stage presentation, particu- larly with vaude acts. Also Webb himself lacks the lively personality of, say, an Ellington or a Calloway. Despite his skill as a drummer, that's bound to limit his popularity. Fur- thermore, partnered with such a weak picture as 'Never Say Die,' it adds up to a pretty tepid bill. Only partially filled house for the last show Friday night (10) is the answer. Webb's orchestra is an excellent example of the difficulty of taking a strong outfit out of its proper sur- roundings. Via the air or for a ball- room terping session the band is fiery stuff, calculated to send jitter- bugs into a frenzy. But where the visual element is present as in the- atre appearances, Webb is' at a dis- advantage. The aggregation makes only the tiniest gesture toward work- ing In comedy business and other bits of showmanship. Webb turns Iri a couple of torrid moments on the skins, but the rest of the time the boys just blast out rhythm. There's a batoner placed in front of the band to supply stlck-wavlng window dressing. Fellow otherwise acts as m.c., a stint at which he has much to learn. Music Itself la good of its kind. It's aU blarey hot stuff, stressing the six-man brass sec- tion, with few variations In style or tempo. ^ Featured vocalist with the band Is Ella Fitzgerald, heffy torcher with a rousing style of seUing a number. She has plenty of voice', sure rhythm sense, knows now to build up a tune and can get the most out of a mike. Also has a forceful personality, but shows a tendehcv to overdo the cute mannerisms. Also lingers too long; making not-so forte impression when she cats up away from the mike for a final hot stanza with the band. Offers four numbers on her own, of which 'F.D.R. Jones' would have been better if she'd stuck to the reg. ular tune. Even then it would be inferior to the original, a brilliantly staged production number in 'Sing Out the News.' Two Zephyrs,' young male comedy pantomlmics and dancers, scored a solid click at the show caught hold- ing attention for just over 12 min- utes with an original and highly ef- fective turn. Open with a so-so bit of slam-bang stuff on a washboard and tin washtub, then go into the meat of the act a slowrmotlon' panto- mime sketch 'of a couple of .dusky crap shooters winding up In a slug- fest and a razor and pistol -battle. Finale with an ultra slow hoofing routme. Including a clever bit on a large sheet of wrapping paper. Act would go equally well in niteries and Is a natural for spotting In a lerit revue. Southemalres, male quartet are a typical radio combo trying to make fihe grade in stage presentation. Their vocalizing Is fair enough, but thiey need much morie business to hold the eye to click In visual turns. When caught they offered four num- bers, which was just one too many. Opened with "My Blue Heaven,' fol- lowed with a novelty orangement of 'Boys of the Old Brigade' and then veered Into spiritual stuff, which was their best They feature a tenor with a falsetto style. Other act on the bill Is a flock of six LIndy Hop- .. pers, doing the usual hljlnks, except that the group works m a definite routine. Show went on about 13 minutes ahead of schedule, but followed fbi stated running time of OA minutes. Hobe. APOLLO, N. Y. Cab Calloway orch (15), June Richmond, Moone Armstrong, Berry Bros. (3), Johnny LaRue, Sandy Bums, George Wiltshire: 'Harlem Rides the Range" Undie). Calloway is In home port this week. Brakes are off, and the net result ranks among the best the Apollo has offered. Not from the angle of performers, . but from per-, formances. Act is essentially the same as on Calloway's other lecent theatre dates, but here it lets go and uncoils into an informal and eor thuslastlcally received 85 minuted, House production wisely keeps the line and comedians under semi- wraps, handing almost the entire running-time to Calloway. Band is onstage behind a drop for a line try which opens, and the subsequent lone comedy turn by Larue. Burns and Wiltshire. Latter Is laid in a funeral parlor and is based on the colored aversion to anything con- nected with graveyards. In short its an embalming scene with Burns and Larue as scary helpers to under- taker. WUtshIre, As entertainment i'-s than dubious, though it maA- a:-i.i r,3-:s laughs, and could easily be eliminated from the house list of skits. Calloway gets a kingly Intro from the line when he blossoms to a full stage. He's heralded by trumpeting pages, with the line supplementing that with vocal superlatives. Callo- (Continued oa page 48) 46 VARIETY Wednesdayt March 15, 1939 Vari ety B ills NEXT WEEK (M«ch 17) THIS WEEK (March 10) Numeral* In eennaetion with bills below indioaU opanino day of •how, whether full Or split week Loew VKW TOBK cm Slate (leT Oeorce Hall pre Solly Dawn Tomack &' R Broi llildle PeatMHiy Florence Hln- Law WASHIKOTOM CapKoI (M) Rhythm Ropket S Jaoaleya John Baton Co Clem McCarthy Lew Parker ParanHHmt NFW TOBK ,CITI VanmooBt (18) Chick Webb Ore Ella FitKcerald I'back & Cburklea JlKsaw Jackson CHICAGO Ohlca«e re Raclmo 8, Hotel Now torhat Henry Busse Ore Don Dickson VI Mele Frazee Sis Floria Vestoft Hotel FaA Ceotral Curt Houek Oro Enrico ft Novella Ullly Vine Margie Greene Hotel Pork Kane Freddie Starr Oro Bob Lido Al Harris Hotel Pennsylvania Ben Bernle Ore Dolores McKays Mary Dooley Qulntonee- Hotel Pierre Harold Nagel Ore Hotel Plaza Jack Marshard Oro N D'Amlfio Oro P ft G Hartman Jane Pickens Hotel Boosevett Guy Lombardo Oro Hotel Bavoy-PIaza Gerry Morton Oro HUdegarde Hotel St. Horita Basil Foraeen Ore June Forrest Mnnya ft Zanette Hotel St. Bcgla (Irldlam Boon) Charles Baom Oro Sam Jarvls Brie Relter Jane Nicholson Don Marlon Oro Simpson Sis Dorothy Lewis (Maisonette Bnsse) Nicholas Mathey Or lasha Nazarenko Charles Narl Vnsalllo Apostolldes Oedda Petry Michel Greben MIU Monti Hotel Taft Enoch Light Oro Peggy Mann George HInes Smith Howard Light Brigade Hotel Waldorf- Astoria (Empire Boon) Glen Gray Ore Loretta Lee Maurice Hotel White Lou Lang Ore Dell O'Dell Charlie Macy MIrol Francis jrimmy Kelly's Joe Capello Ore Inga Berg Gladys Faye Princess Aloma Mary Lane Tanya Lee Leslie Carter & Bchanb Terry Shannon Peggy de la Plan to Valerie Vance Montmartre Boys Danny HIgglns Sid Hawkins Vaugh Comfort Gonz'Iea ft Christine John Rockwood Gene Walters lame Bddie Davis Ore Joseph Smith Ore Grazlella Farrago La Coq Bongs O»o Sterney Ore Anne Franelne TIsdale 3 Le HIrace Mario ft Merln Ore Gay Adams Lucille Johnson Liana Marlow Jerry Williams Randolph Cox Flora Newman Le Bobon Blea Herbert Jaceby ' Alleen Cook Marianne Oswald Marie Eve Mabel Mercer Leon * EddVa Lou Martin Ore Bddla Davis Iris Adrian Mickey ft M Ford Beryl Cteoper Joan Grey Billy Burns James Keogan Sunny ft R Duval Ann Bronte Wnlly Wanger • Uttle (:iuh Roger Steele Oro Frances Williams' Agnes Dwyer Scat Powell Jack Osterman Heyer'a Cellar (Hoboken) Howard Blaine Rosaline Lewis Martha Kovacs Gypsy Lopez Barbara Eyton Lydia Bhrenberg UMnlgU San ' Buddy Wagner Ore Chlqulta Venezia Geraldlne Ross Mildred ft Maurice Mary Johnson Sylvia McKay Men Parle Charlie Murray Ore Mary Cohan Jimmy Rogers Sionto Carlo Ted Straeter Oro Bob Knight Ore Lee Wiley Dick Smart Blaine Baaaett Peggy Healcy Anne Graham Anita Colby Evelyn Kelly Rosanne Murray Onyx Club John Klrby Ore.' Judy Cordova Teddy Grace Leo Watson Paradise Vincent Travera Or Patsy ft Bobby <)aeeB Mary Joe Ellis Ore Kitty Wright Walter Walters Rainbow GrUI Barry Wlnton Ore Marlynn ft Michael UlUan Gibson Al Uclntyre Eddie Bush i Blapsy Maxto** Slapsy Maxls Jack Waldron Joe Plotkel Andy Sorrelll Virginia Mathewa ' Moore ft Ijewls Tommy Rellly Oro Somerset Honae . Harry RIngland Art Tatum Jack Owens I . Stage 1' Cafe I Wally Vernon Billy Toung Henry Oalantl Sherap Howard 1 Squires Simnee imm Eddie Beal Gladys Bentley Topsy's Elmer Arlett Jon Taras ft Mastera Nichols ft Lucas The Mercer Broa Dorothy Brandon Chuck Foster Ore Victor Hngo Joaquin Garay Sklnnay Ennls Oro Carmine CHICAGO Ruby Newman Oro John Hoysradt Gower ft Jeanne Eddie Le Baron Oro Joan Cartler Bngslan Kretchma Tasha.' 'NIkagosov Nastia Poliakova Darla BIrse Marusla Sava Hermlne Michel Claudia Capellova Senia KaravaeS - Michel MIchon Serge Ignatenke Volodia Katov (3«nla Pobedlna Show Bar (Foreet HUIs) Sleepy Hall Ore Carol Horton Bill Hansen Peggy Marlowe Lucille Rich Jules Cassard Stork Clnb Sonny Kendls Ore- Jose Lopez Ore Eleanor French Teiaallles M Bergere Oro Paaehlto Oro Marjorle Galnsw'rth D'Avalos Dancers VtUago Bam Howard Woods Ore Paxton Polly Jenkins Co Gwen Williams Noll ft Nolan Lou Valero Whirling Top Geo Morris Oro Irene Stanley Ann Gale Ruth LeClaIre Russell Drackea lOS ANGELES Beverly WUsblie Bray Sis Howard Gerrard Harry Owena Ore Cafe CoUente ' Pancho Diana Castillo Julio Gervante Iieo Luz Daequez Eddie Agnllar Ore Cafe La Haxe Park Ave. Boys Martha Mears Matty Malneck Ore Chab Ball George Tount Bruz Fletcher Club Versailles Jerry Lester (ilorin King Theodores Chlcco Oro Earl Carron Paul Gerrlts Arren ft Brod«rlck A Robins Igor ft Tanya Vlvjen Fay Susan Miller Oeryr Wallace 3 Sophisticated Gls Dorothy Oerron Reginald Craig Archie Bleyer Ore Ed Durant Ore Florentine Garden Maurice KoslofC Co Emil Basso Oro Frank Sebastian's Cobanola Eduardo Chen'ez Joe Barrls Ore Grace Hayes Lodge Jackie Coglen Grace Hayes Llnd Hayes Joe Frisco Charlie Foy Iau Sallee Ore Hawaiian Paraillae Loretta .Walker Princess Luanna Joe Sullivan Ore Indigo Cafe Sid Brown Jimmy Ellard Jack Frost Val Harris It Cafe Cabaneros Don Rudolf Ore Jerry's Maadalay Marguerite Padula Geo Surprenant Jr Neville Fieeaon Nonle Mitchell Hal Chancellor Ore Jlnuny Kerr ft Boys I* Conga Don Jerl Spike Featherstone Evelyn Steele Jerry Galian LaC'hga Rh'mba Bd Little Clab Jane Jones Paul Kendall Walter Dyson LMtle Rnngaiy Valeseo's Gypsies Marcel's Leonard Keller Ore Marcos Daly Kay Gregory Joey Lee Ore Omar's Dome Lillian Gibson Charles Elarla Hal Brown Ted Wells Ore Palomar Imogens Coca Tanner Sis Gloria. Monroe Kirk Allen Massey ft Miller Jerry Mumson Jimmy Brierly George Olsen Paris Inn Dominic Blane ft Elaine Ginger Weldon Katherlne Skldmiire Lillian Gilbert Eric Massey Henry Monett Marguerite ft M Ken Henr}-son Chuck Henry Oro ' Seven Seas Danny Kawanna Kay Sliver Ambassador Hotel (Pomp Boom) H McCreery Oro Boll Ball Ralph Cook Lytell 2 I'ntay Mac Salty Osmon Roy Dietrich Jimmie Green Ore BIsntarck Hotel ' (Walnnt Room) Bob Belmont Nanno Van Houton I'lazzo Betty Grey Charlie Schanks Or Adele, Trent ft B Darlene O'Day BInehhawk Frederic ft Vvonn Bob Crosby Ore Terry ft Walker Marlon Mann Doi'othy Claire Mary Jane Brown OH Rodin Don Pedro Ore Orrln & Betty Blackstone . Hotel - (Ballaese Bm> Pllner ft Earl Ore Bine Oseae Evelyn Waters Al Lane Melody King Buck Hunt 4 Hits ft a Misa Breroort Hotel (Crjratal Boom) Florence Schubert Dnteb'a John Blllott Carlos ft Dolorea Betty Jerome Evelyn Harris Lollta Mort J Princes Red Rock Frank Barber Sabwar Ginger DIx Opal Adair Connie Rogers Bdlth Marlowe Dolores Mac Jane Dare Clara ft DIanns Billy Webb Billy Kent Henry Sax Ore SasMt Bernle Green Jean Stone Fairy Cunningham Babe Carney Sam Barl Verne Wilson Ore ThoapaaB'e 16 Clab Ray Reynolds Joy Kalese Cookie Seldel Dolores ft DeVego June Scott Jessie Garwood Helen DuWayne Marsh McCurdy Sammy Frisco Ore Three Deaeee Baby Dedds . diaries McBride Llll Armstrong Lonnle Johnson (Off Beat Boom) Anita O'Day Jay MeShann 3 Lennle BatcrdAll Jimmy McPartland Tower laa Mollle Manner Sam Haes Inez Gonan Rhythm Gls 3 Hawalians Frank Davis Ore Towa Clab Cbet Boswell Mae Dl Flit Barbara Bow Val BrWin Moe ft Joe Bleaner Daniels Maurie Walker £ Chlragoans Frankle Quatrel Ore Hal Barber Trocadere Gloria Romano Adelle St Clalr Tarry Circle' Roy Rankin Ore Villa Hederne Tony (Ubot Ore Wlaoaa Oardeaa GIgl Rena Virginia Woodall Lee Harmon Pat Allen Margie Dale Nonnle Morrison Rita Sl'one Sally Reynolds Heinle Oi'amer , Frank Snyder Ore Lucille Johnson PTTTT.AHOT.iniT* Aaebsrage Frank Quinn Oro BeUorue-Stratford (Main IHab« Wmy Meyer Davis Ore (Bargaady Boom) Frank Joels Oro Powers ft WiRRlns Nlelsnd Dancers Ben Franklin, Hotel (Garden Terrace) Bernlce Byers Harry James Ore Jack Palmer Benny tba Baa's .Victor Hugo Ore Hollywood Debs (3) Glen Dale Wllma Douglas Renatto & Dolores Muriel Thomas Brownlog Lone Inn (Bellmairr, K. J.) • Lenny Ross Joy Davie Mary Joyce 4 Top Hatters Vlnce Norman Ore Cadlllae Tnvera Dolores Lakio Lillian .Stewart Darlene Jones Dean Edwards Charlie Arthur Bddle Thomas Joyce Henry Jack Newlon Sunny Ray H .Reynolds Ore Hendrloue ft A Clnb IB Dick Thomas Johnny Toung Orr Jimmy Lackore Bee Larry Helen Wilson Princess Helen Amy Organ cafe Uoioaey Scarey Gavin Al Cubler Ginger -Linn Lorraine Wiley Tony Edding Louise Wright Libby Neld . Isabell ' Daniels Doris Fields Joe Famllant Ore Club Paiakeet Ginger Lynn liOuTse Wright Steppe ft Carlos Fran Caswell Dawn Gertie Taylor Ore Clob M» Sam Borland Princess Zulleka Mildred Boyer Hal Cal Ore El Cbico KOy Laverly Sherry Lee Virginia Howard Barbara Bradley Toby Lee Glenda Hope Sonny Marceline Ruth Templeton BiAbles Shelby Arlett Withers Joj'anne Shear Ivan Tashmau Ore Billy Maple ■lolinio' Parrlsh nieanore Piper Barbara MacDonald Hdlth Boark ' -IBTednesday, March 15, 1939 VARIETY 47 tula Mallna Dolorea O'NelU Al Moor* Oro rtin BiMoo on Oeorf* CllSord mi 016b rwIdK KIde Oro c7nSS«l» PlowertOD Tommy Monro* Betty McGee PepDtr G»ret Kiy McCullouRh Dolorei Morrill June DavlB Mltzl Lano Florence Holin*B Jack Curtis NIIA Taylor Paul APaiilett* Baymonds Tvonettes (•) _ Bobby Morrow Or« Hanla TaTCtm Alabama Corinn* Bobby Lyon* Greta LaMarr Betty Tbomaa Hlldebraad'f Jackie Small Cbarlle Neld Yvette Sorls Elliott Norman I>ewlB France* Bussell Frankle Milton Blchard Bach Bobby L— On Betel Adelphls Mickey Famllant 0> Alice Lucey Fredez & Lorenza Peggy Eames Mary Monahan George Reed Sky Top Clab Ollft Bookman Leon Wright Ore Harjorle Johnson Blanche Saunders Taps A Dave Margaret Watson MInola )atklB'* BathskelUi Frank Fohtl Reynard & Marcia Ann Carroll David & D Cooper Olllo Irving Braslotr Ore XMh Ceatniy Bob & E Wayne, r^e Leslie Tommy Cullen Ore Venlca Grille Jack Rich Oaslmlera Gls Pay Ray Joey Hayes Oro Tlklng Cafe Blllle Callahan Joe Kearns Grace O'Hara Jerry Delmar Ore Ollle Jack Hallahsn Cleo Valentine VlUage Ban Tjenny Kent Edie Lang Wntson Sis Bobby Evans Teddy Oliver On WagoB Wheel Joe O'Shea NIkl Nikolai Pete Hayes Al Wilson George Deber Al Bastlan Ore Weber's Bet Bras llette ft Barry Angelo Dl Palma Claire Ray Gls Mat Hoos* Al Sherman Jack Lewis Boogy-Woogy Harry Nosokoff Chet Clark Al Mercur Jim. Buchanan Plasa Cat* Jimmy Peyton Ore Adele Curtis Lenore Rika Moran Sis Billy Cover Le Rol Blvlera Jo* Lee Oro Show Boat Tommy Carlyn Ore Millie Wayne PeeWee Walker Al Richards Pappy lahrael Wllma Douglas Line (C) Webster Hall Nelson MapleS' Orr Buzzy Kountz will Ward George Weber I'alon drill Tony. Lombard*! Art Tagello Frank Natale Mage ft Carr Nertbw**d laa Frank allien Oro John Hale Marian Kay Aimand ft Diana OaaU P Markofl Dancers Alton ft LaRue Harry Banlell Great Legery Barbara Dehaden Lillian LaMay Ore Josephine Campbell Palm Beach Amoa Jacobs . LeRoy ft Sharp Eddie Cappa Don Pablo Ore PUaUtlea Ctab Monette Moore Pete Nugent Moke ft Poke DAHoree Alexander Billy Ekatein SaOJal Don Albert Oro HouB* Lin* (i) rowataa Al Samuela 3 Alfred Latell Violet Love Sammy DIbert Oro Baka Don Harris Buddy Leater Alleen Marlowe (inrnett RIa Rita DeVere Geo Kavanagh Ore DETROIT Ambassador Ctab Jny Jason Mildred Rock Texas Rockets Geo Alfono Oro Book-Cadlltae H*t*l .(B*ek Caslae) Bob Grant Ore Elaine ft Barry Paul Roalnl lM*t*r Bar) Peter Kent Ore Cbeae-Trembley jimmy Gargano .Oi Harry Jarkey Curtla.1 ft Clare June Wren Lea Phllmere Barrett ft Smith Cammodor* Clab O Coalello Oro Le* D* Bain •■' - Oldtlmera t Rita ft Rubens Garland ft Franiey Clab FroBtfni:<' Larry Funk Ore Buddy Hayea Natalie Wynn Motter ft Davlgr Helen ft Holmes Ginger Sutton Hotel Btatler (Tenrac* Bwin.i Xavler Cugat (■ Carmen Caatlllo Judy Lane Bddle Aaherman Caatalino Rolon Imperial Clab Don Oarlnl (ieo Sella ft Jo '■ Bonnie NIehola* Fin LIvltes . Margo Wade Woody Moaher Frank Rapp Orr Neblolo Cafe Leonard 6**l Or" George Hale Polo .15 YEARS AGO< (FrornVMorcY) Publicity attendant to the strike talk of Equity against the managers was having an unfavorable effect on the boxofflces. John Philip Sousa's band termi- nated a 33-week tour covering over 12,000 miles, and showed a profit of $120,000. London censors nixed the title of the Elinor Glyn picture, Three Weeks.' They suggested it be changed instead to 'Almost a Month.' Failure of the Wagnerian Opera Co. in America stirred Berlin. Inti- mated that German-Americans were tired of supporting German organi- zations in America for patriotism's sake. House managers in New York were being accused of hiring acts on their bills to outside organizations under the guise of good fellowship, but really collecting for their ser- vices. • Music men estimated that radio would pay them at the rate of $1,- 000,000 annually in royalties to re- imburse them . for losses sustained through the inroads the ether had made on the music biz. Marcus Loew was reported linked in a picture deal with William Ban' dolph Hearst, which would take ef- fect upon completion of Hearst's first year with Goldwyn. June Caprice was contemplating a film comeback. She had retired following her marriage and mother- hood. Independent exhibs around N. Y. were trying, to break up the Loew practice of 'protecting' its entire cir- cuit on the playing of first-runs. Night Club Reviews CAFE SOCIETY, N. Y. (Continued from page 44) touch. Lewis, probably best-known of the trio because of his recordings, appears comparatively mild to the uninitiated. Whole show is wisely held down to a'bout 45 minutes, although one or another of the keyboard-beaters fills in the band lulls. Band, incidentally; is surprisingly sweet for the sur- roundings and good for both dancing and listening.' Spot, seating about 200 when full- up, Has been open since late Decem- ber, It was formerly the Four Trees Inn and later the Oliver Twist Ned Wayburn's 'Honeymoon Cruise,' Bae Samuels and Fritzi Ridgeway headlined the Palace. Ole Olsen and Chick Johnson clicked at the Fifth Ave., N. Y. Mr. Cinderella (Continued from page 1) in the Lexington hotel, N. Y. Things after that didn't pan out so well for him. His outfit then included strings. He couldn't make a go of it, and changed his style to conform with demand for hot outfits. It was Charlie Shribman, of the Boston ballroom operating firm, that next took a chance on Shaw, Shribman built a band around him and spotted him into his State ballroom in' Boston last spring, from where Shaw started to be heard from as a coming name. Shaw's stipend from Shribman was $65 a week, and that was only eight months ago. Soon afterwards Shaw's Blue Bird records started to click. It was his cutting of 'Begin the Be- guine' that helped build him to his present position. Then came the contract from Old Gold and the date at the Lincoln. It's been easy and rich sailing from then on. Rock- well General .Amusement 0>rp., suc- cessor to Rockwell-O'Keefe,' mean- while became Shaw's booking agent .Artie Shaw orchestra is currently being mentioned for a .major New York hotel spot next fall, either the Hotel New Yorker or the Pennsyl- vania, both of which are now imder consideration. Tentative arrange- ment has the crew opening at the Penn Oct 8. Penn is part of the Statler chain, which previously used only Music 'Corporation of America bands, but which is now a widie-open proposi- tion, as in turn is the New Yorker, formerly a closed Rockwell General Amusement spot but now open to MCA bands also. Rockwell handles Shaw. TOWN CLUB (CHICAGO) Chicago, March 9. Franlcie Qiuirtel orcli. Hoi Barber, Mae deFiZi, Val £ru>in, Barbara Bows, Chet Gilbert, Dorothw Carlson Girls. Luxuriously appointed nitery lo- cated out in Cicero, a tv;o-buck taxi jump from the. loop. Spot has sev- .eiral individual problems that must be solved to guarantee a sufficient patronage. - Cicero is still a gag in many vaudeville acts, and the out- of-the-way location makes it neces- sary to appeal to nabe people and the nearby wealthier suburbanites. In itself, this spot has much to of- fer. For surroundings there are few cafes that can top it.. Appointments are in excellent' taste and the gen- eral atmosphere is entirely in its fa- vor. Lighting, acoustics and stage set-up are all excellent and entirely suitable for the seating capacity of some 350. Bar operates in conjunc- tion with the cafe, and around the bar are slot machines which are not in evidence in the city of Chicago proper. Best entertainment item here is the Frankie Quartel orchestra, a fine musical aggregation which is of invaluable assistance to the show generally. Group manages to do more than Its share in the entertain- ment They do a great background Job for singer Mae d'^Fili, putting her over without depending too much on her tonsils. They make an exotic dancer out of Val Erwin and her Hawaiian number, and give her plenty cIbm on her waltz number. Hal Barber is m. c. but lacks a sense of pace. He's primarily a story teller, with the yarns, more often than not unnecessarily over the blue line. Barbara Bows rates mention for her novel monolog in- troduction to her stripperoo routine. Chet Boswell is a pop vocalizer and on the show caught whammed home with his solid tenor pipes. Dorothy Carlson's line turns in three good numbers on the show. They are pretty gals and their num- bers are' better than the average seen around Uiese niteries. Gold.. TERRACE ROOM (STATLEB, CLEVELAND) CleueUiTid. March 10. Wolter La Mae & Alice Glover, Evelyn Oaket, Johnny Drake, Dick 5tabtle's orch. Bothersome question of how to en- liven Statler Hotel's Terrace Room, without going over slim entertain- ment budget Is being answered by team of Glover and LaMae. This pair has been brought back to gal- vanize that deadly spell between dinner and supper shows. They are doing it so emphatically that half of the early diners are staying through to the neyj: session. Between them and Dick Stabile's orchestra^ in re- cently, the room Is becoming more of a profitable, warmer and intimate hang-out, and losing its rep as a snooty pink elephant Four appearances are made nightly by Walter LaMae and Alice Glover, but there's enough variety in their work to keep the late-stayers. When they slip into clowning for lau5h.s, it's well-mannered, frothy and not burlesqued to the point where pa- trons will feel ridiculed. . Latest gag the two are using Li a recording machine with a portable mike, used for vox pop pick-ups around the tables. LaMae corries it around, gagging - diners into com- mitting themselves oh goofy ques- tions like, 'Who would you rather be married to — Mac West or Garbo — and why?' Twelve-inch record is used, allowing plenty of coverage for inane replies, hemming, and wise- cracks by radio-minded diners. Loudest laUghs start when record is played back, with LaMae pointing out speakers as their stuttering voices come through amplifier. Wax impressions are handed to ones get- ting heaviest hand, with name of ho- tel and team minted on label. Dick Stablle''s outfit is building up .heavily with young crowd, although spot looks at two-bit coUesiates coldly. Unit has more swing than any of previous band. Ing bankroUer. John Jacobs m.c.d the program and Dan Donaldson handled the commercials, both sat- isfactorily. Sa7tu. 4S VARIETY VARIETy HOUSE REVIEWS Wednesday, Marcli 15, 1939 APOLLO, N. Y. (Contined from Page 45) .way's outfit, which has been together for a number of years and iQcludes several outstanding men, is a solid aggregation, its output based on ex- cellent arrangements. In contrast to the leader's style of exiting ' to an- other vocal world, and his show- manly gyrations while conducting, the crew stays on solid groimd as a rule where melody is concerned: Several salient setups of pop tunes used here rate a nod. One is the oldie, 'Sylvia,' - vocals. which are handled in okay style" by Benny Payne, pianist Second draws an un- usual response from the' audience, due more to .Calloway's vocal inter- polation, btit ifeveRheless is a great job in itself. Tune is the current. My Heart Beldngs to Daddy,' done for the first half under wraps in symph style, breaking into a swingy version. for Calloway's pipe bit Cus- tomers held up the show for an en- core from the leader and got it Crew bounces right back at 'em with an inspiring writing of 'Bate- mecue,' spotlighting Cosy Coles on the drums, also good for an encore, and on top of that comes Juqe Rich- mond. ']$and's hefty vocalist ' is a show stopper by herselt She ad- heres closely to tunes she's been do- ing elsewhei'e, but as mentioned be- fore, the Apollo is home, and both she and Calloway let their hair down for informal comedy, terps, etc., that go far toward making the bit iiocko. Starts seriously on 'One Alone,' a tipoH that itH wind up hot and it does. Next is "Where Has My Little Cog Gone?' Best though, is her combining with Calloway and pian- ist, Payne, for a try at 'Hold Tight' Maxie Armstrong,- tapster (New Acts) is up front in a well planned routine. He's in the groove with the rest of the combo in two tries, both being well Uked. Berry Bros. (3) come along just before the fade with their forte, a fast, body twirl ending in a double knee drop. It's now ac- complished by all three. Act takes on a knockabout aspect at times when the younger is intentionally bumped off his feet Three get in clever cane tossing routines to sup- plement soft shoe terps. Turn is so fast at times that it impresses as ? hodge-podge of leaps, spins and splits. It's appreciated. Fade, is the usual anti-climax, bringing on the line; which is at- tractively costumed in its limited tries, hooked to 'Cl(opsticks.' How- ever, finales will have to do until some other way is found for re-in- troduciog the cast. STANLEY, PITT Pittsburgh, March 10. Bennu Coodnuin's orch (14), Mor- via Tilton, Lionel Hampton, Boss wyse, Jr., & June Mann, Eunice Healev; 'Fast and Loose' (M-C). ard comedy team mops up easUy with some brisk chatter and flock of strenuous dancing gags, and even had the bandsmen on the stand howl- ing. That's not professional, but it's still good audience stuff and heart- ily contagious. Other turn is Eu- nice Ilealey, sex-appealing young- ster whose clever tapping skips the usual and looks almost classic in style. Still showy enough, however, to register big. . " . Finish, of course, remains Good- man's ace in the hole. Brings on Lionel Hampton on the drums and, with Jess Stacey also sending the ivories, trio thumps across a brace of numbers, leading off with 'World's Waiting for the Sunrise' that cues the jitterbug outburst It's the quar- tetting, Hampton r.ioving down to viBraphone and regular skin-beater slipping back onto stand, that piits the match to the explosive. From there on in it's chaos and Goodman dees nothing to restrain it. Dave Broudy's pit orch peddles an ear-flUing overture between feature and Par newsreel, with a 'Merrie Melodie' cartoon rounding oiit bill. Biz absolute capacity at opening show, with the ropes up at break. Cohen. ROXY, ATLANTA RIVERA, B'KLYN Pretenders to the throne notwith- standing, Benny Goodman is still swing's head man, insofar as this burg is concerned anyway. Mob all but tore the house down this after- noon (Friday). Management had flock of extra ushers stationed at strategic points just In case, but they were helpless when the cats meowed loose, Explosion came. during the quartet jam session that- consumes band unit's last quarter^our. In practically every section of the place kids went berserk, shagging up and . down the aisles to the encouragement of prac- tically everybody in the packed house. It was an asylum for 10 min- utes and no holds barred. First time that's ever happened in the w-B deluxer, and; once underway, there was no stopping it Psychologists or pathologists may have an explanation other than that o( wild hysteria, but whatever pro- duces it Goodman has oodles of the stuff. Those hot rhythms start in- nocently enough, but they grow into the relenUess savagery of a tom-tom chorus. Ifs a screwy era and Good- man seems to be its pied piper. Since Goodman's last swing around the circuit he's also rela:ted consid- erably. Not so ill at ease these days and has a self-assurance and en- gaging manner, that were lacking previously. He projects easUy across the foots now and lends a pleasant uiformallty to the slam-bang hour. Show's a soUd cUck aU the way, buildmg briskly from a moderately sock ""'^ start into a blistering Early highlights Include Ziggy El- man's trumpet bums with 'And the Angels Sing'; (Goodman's hot way with 'One o'Clock Jump' and the maestro's clarineting with drum ac- companiment Martha Tilton on the vocal end is of the modem idiom JSll'^ni ^^?P.T^^«'' 'Cuckoo S^^ J^^P^^ Creepers' and *<3otta Get Some Shuteye,' last ■Iter an Insistent session of palm- pounding, all count plenty. Those Goodman pbligatos, eilectively spot- ted, don't hurt her any either. Unit's • carrying two acts, Ross Wyse, Jr., and June Mann having replaced Walter Dare Wahl In show beginning with Pittsburgh. Stand- Don Redman orch (15), Laurel WaCkins, Evelyn Keyes, Nicodemus, George Dewey Washington, Sun- shine Sammy and Sleepy Williams; 'Port of Missing Girls' (Mono;. Rivera's giving its nabe trade a better than average show this week with Don Redman and Co. Spot sel- dom has presentations of this type, and in view .of the response could conceivably have more. Customers make no t>ones about enjoying, it, enthusiasm being most noticeable from the younger patrons. R> dman's crew replaces Ted Eddy's house band for the week. Redman wastes little time in get- ting the physical portion of the offer- ing on the boards. Gets going with his nicely styled jumo crew, then brings on Evelyn Keyes, tapstress, who clicks with well executed rou- tines. Footwork is clever and taps clear. Band comes in for several numbers before brineing on its vocalist, Laurel Watkins. She fol- lows a sock alto sax solo by Red- man of 'You Go to My Head,' with a swingy vocal of the same. Next is a like arrangement of 'My Own,' which registers in stout fashion. Finishes with an oldie, 'Just for You,' in hot style, interpolated by bit of boogie w.oogie terps. Nicodemus' familiar turn follows. His chatter is foiled by the' leader to good results, then eases into his 'Po'k Chop' vocai; followed by the usual terp'bits. Comedian's multi- syllabled fade speech gets him off on a solid note. George Dewey Washinigton is in the next slot fol- lowing a number by the band, but has a tough time for the first few minutes. Dubious tune selection Is responsible for early so-so impres- sion. Does 'It's a Lonely Trail,' n.s.g., 'Sing, Chillun, Sing,' more up his alley, and finishes with the Wash- ington topper, 'Chloe,' with dramatic interpolations. Gets faim a strong send-off. Sunshine Sammy and Sleepy Wil- liams break in with a 'Posin' vocal, then' mix up Harlemese tezps with aero and soft shoe routines to good advantage. Here, as well as through- out, the Redman crew shows up well in the background. Between-act hot serves are in the groove, one, a novel arrangement of 'Auld Lang Syne,' spotlighting fine brass instrumenta- tion. With Redman on stage, the house inaugurated a 'jitterbug night,' in- vlthig pew holders up to dance for a half hour after the show. Drew only three couples or so, but one pair consisted of two male hop- pers. They put on an impromptu act which couldn't have been staged —it was too natural. Going it alone, one gave an imitation of burley queen Margie Hart doing her stuff. Went too far into the blue occasion- ally, but the customers enjoyed his antics almost as much as ttie show. Saranac Lake By Happy Benway It took Chris Hagedom two months to kayo Kid Pneumonia. He's now downtowning. 'Ford Raymond, who left the WUl Rogers for California, is now in Phoenix and doing well, too. Dolph Singer here for his annual checkup. Katherine Keenan, .approved, can resume her job. Anne Comerford into the hospital, where Dr. Woodruff will operate on her. Elvira Fuller, Carleen Knight Dorrls Andrews, Hazel Coleman, Tom Butler and Raymond Williams, all Rogersites, on the mend. Alice Carman celebrating her fifth year as a fTneumothorax pa- tient She's doing well. (Write to those who are Ul.) ' Atlanta, March II. Joe Arena, Kio & Rita, Dom Bros. & Mary (3) , Stroud Twins, Gae Fos- ter House Line (16), Mike Segal's House Bond (11); 'The Affairs of Annobel' (RK O). Neatly welded into 53 minutes of entertainment including plenty, of good novelty, this show's a pleaser straight through from the overture to Roxyettes' flaShy l>each numtter finale. Clarence and Claude Stroud grab top honors from among four acts, but rest of performers draw their share of response from the cus- tomers. Following an opening flash by the house line, gal's . leader, Joan. Wells, brings on Clarence Stroud for in- troduction and act as emcee. Stroud, in turn, introduces each of Roxy- ettes individually, something that hasn't been done during nine weeks these personable femmes have been working this spot Line marches off to make way for Joe Arena, tumbling acrobat, who uses a lazy-looking bulldog, equipped with license plate and tail light in his act Arena uncorks a tipsy business plus comedy falls, get- ting laughs after each by producing from his pockets glasses full of liquid which he quaffs. Final mysti- fication comes when he brings forth a huge pitcher half full of beverage. Closes strong with fast tumbling turn with tMoch. Johnny Rio and Ruth Rita are spotted next in a novelty musical act Man plays harmonica and fenune toots the clarinet in hot ren- dition of 'St Louis Blues.' She then imitates pipe organ with licorice Stick in 'Roses of Picardy* while partner accompanies with violin tones produced through rubber tube. They go hillbilly on 'Golden Stairs,' man plucking guitar and playing harmonica and gal using sax, plus part-time vocalizing. They finish getting melody out of pair of bass drums with heavy cords stemming from heads of instruments. Over at this viewing. • Dorn Brothers and sister, Mary, a trio alike as three peas in a pod, follow another house line number with a harmony singing turn that stops the show. One of boys plays like accompaniments. Kids sing 1 Do Impersonations,' working in okay takeoffs on Tizzie Lisch, Stepin Fetchit, Wayne King's band, chant of tobacco auctioneer. Uncle Ezra, et oL Then warble 'Blue Heaven,' 'I Like Mountain Music' and 'How You Gonna Keiep 'Em Down on the Farm.' Did 'Darling Nellie Gray' for first encore and for a second, 'Old Apple Tree.' Had to beg off. Stroud'Twins follow, Claude com- ing onstage from audience. Boys chatter wins nice amount of laughs. Pair take liberties in front of stage mike they naturally wouldn't take on the air, working in plenty of ad lib stuff to good results. They finish hoofing to "Bye-bye Blues' to won- derment of local customers, who ap- parently do not know that twins are vaude performers from way back. They, too, had trouble getting away. Finale is colorful beach number by Roxyettes, providing good finish to show. Biz at last of four shows on open ing day Saturday (11) was full up, with plenty of standees. Luce. LYRIC, INDPLS. Indianapolis,' March 10. Nick Lucas, Vic Hyde, Hickey Bros. & Alice, Three Somuets & Harriet Hayes, Catherine West/leld Picchtoni Troupe (7); 'Yes. My Darl- ing Daughter (WB). Playing a percentage pic, house has turned to six acts to stay within nut sandwiching the 69 minute TOude turn between band bookings. Pic is given lion's share of billing, but- acts are all topnotch, hooking up stage end welL Open with Pic- duani Troupe, seven men who do 12 minutes of teeter board work and tumbling, giving the muscle enthusi asts something to look at. Vic Hyde, spotted next to closing for his one-man band turn, also acts as emcee. Makes no attemot to build up the part merely telling what turn IS next Catherine Westfield has a good novelty with a puppet routine, in which she dances figures about two feet tall, pulling the strmgs to emulate 'Alice Blue (3own,' Caesar Romero. Joe E. Brown and Donald Duck, last named a fast bit on skates, good for laughs and sure- fire. Hickey Brothers and Alice is a typical old-time vaude act with one comic heavy on clown facial make- up, the other in tan grease paint All the old business is in use, in- cluding tapping on head with tray, slapping with wet towel, crack on arm with barrel stave, descent into cellar for beer, and other Ume- proven laugh-getters. . Alice is tall redhead, who sings a couple of songs as butt of comic's jokes. It's ancient, but still manages to evoke some chuckles. Nick Lucas at show caught sang 'Jeejlers Creepers,' 'Penny Serenade,' "This Can't Be Love' and medley of tunes suggested by audience, clos- ing with fecial parody on 'Side By Side.' Voice, as always, very much okay, as is twanging a guitar. Nice' ly received. Vic Hyde combines comedy patter with his one man band tum. Does imitation of Busse, Lyman, Kemp, Dorsey, Waller and Armstrong, play- ing respective instruments of band leaders, while accompanying him. self on piano and drums. Then plays two trumpets at the same time, adding another to make it three. Does a tap dance while playing two trumpets, and finishes with four trumpets and baton twirling in band master fashion. Gags concern his home town of Niles, Michigan, and his family. They would get more laughs if Hyde would wear an out- fit m keeping with his country boy delivery, instead of morning coat, striped pants and wing collar. Three Samuels and Harriet Hayes finish with 13 minutes of polished dancing and comedy. Act is socko from start to finish, youths being clean looking and outfits eye-filling. Two boys and girl open with tap routine, followed by Harriet Hayes who does high kick number. The boys then do a military tap, joined later by the girl. All four come on for a comedy military drill, turning into a f6ursome tap finish. House' band works on stage throughout with members looking nifty in new blue coats. Biz good at third show Friday. Kiley. STATE, HARTFORD Hartford, March 11. Connie Boswell, Jackie Smith, Stanley Twins, Terry Howard & Jack Talley, Jimmy Dorsey orch. Bob Eb- erly, Ray McKinlev, Helen O'Con- nell, Sam Kaplan house orch; Vfom- an Doctor" (Rep). State is still sticking staunchly to its name band policy despite a re- cent two-day excursion into' straight vaude which brought excellent re- action and comment This week Jimmy Dorsey and Connie BosweU are bracing the marquee. Despite all efforts to keep the bill within a 75-minute running time, it is still going overboard each show.. One caught Friday night (10) lagged. IS minutes due to favorable response to the vocal department which sells itself to the hilt All thtee chirpers. Bob Eberly, Helen O'ConneU, and Miss Boswell were forced to beg off at that showing. Only low spot of the bill is the lack of showmanship of Jimmy Dor- sey, so far as his own stage presence is concerned. The vet bandsman has a dull stage appearance and' does poorly as m.c. Maestro fronts his band all the time, doubling between the sax and clarinet. Billed as 'world's greatest saxophonist,' he de- votes as much time to the clarinet as he does to the sax. Does a neat job. on both. Show is mainly jive, but has enough sweet in it to please the antis as well. Band opens with a swingy number which set the pace for Jackie Smith, youthful hoofer. Lad does well with fast rhythm taps. Stanley Twins, two |als, get over with a shadow acrobatic dance. One of the girls is dressed from head to foot in a tight-fitting black suit Dance would be better accentuated if a drop were used for effect Helen O'ConneU, band's newest addition to its chirping staff, is next Gal, statuesque and a looker, was formerly with Larry Funk. . First stage appearance. Joined Dorsey about three weeks ago. Registers with 'Why Not Take All of Me,' 'Ro- mance Runs in the Family,' 'I Cried for You.' Encores with 'Hurry Home.' Terry Howard and Jack Talley, boy-gal comedy team, spotted next Click with cross-fire patter in which the girl, appropriately attired, takes the role of a girl of kindergarten age. Bob Eberly, unit's other vocal- ist a baritone, sells hi iself with 'Masquerade Is Over,' 'Deep Purple,' 'Deep in a Dream,' and 'Room with a View.' Miss Boswell is well liked, and exudes fine personality. Sings six numbers before she begs off, list in- cluding 'Jeepers Creepers,' 'Deep in a Dream,' 'Lullaby in Rhythm,' Dinah, 'Martha,' which she claimed to have introed, and 'Heart Belongs to Daddy.' Band is in the groove with 'Flight of the Bumble Bee' with Dorsey at the sax, 'Hold Tight' and a novelty number. Taint What You Do, it's the Way That You Do It' Ray McKin- ley, trappist, Is swell in a drum solo of 'Dusk in Upper Sandusky.' Intermittent cold and snowy weather has kept attendance low. Ecfc. Nitery Notes Don Roland's orchestra succeeded Joey Lee at Marcus Daly's, Beverly Hills. KEITH'S, BOSTON Kay Parsons now at the Cafe Con- tinental, N Y. UntU recently she was at the Casa Manana. Earl Carroll's Hollywood theatre- restaurant in 10 weeks has hit $325,000 according to CarroU. Boston. March 9. Gils Van, Joe Besser ond Le« Royce, Wooljord's Pets^ Robbint Bros. & Marge,. Four Warners, Ro- berta Hines, Eddie Ro'senwald house orehr 'Homicide Bureau' (Col) and 'Navy Secrete (Mono). This bill reaches its zenith when Gus Van steps out X3 vocal a list of songs that look, on paper, something like a publisher's catalog. 'Walkine Stick,' 'Lady Make Believe,' 'Is Ths* Religion?' a Yiddish number, an Italian ditty about Joe DiMaggio, a 'Cavalcade of Broadway,' Tiger Rag< and a medley of songs from his earlier stage career. Van handles his routine with a masterful, show- manly touch, selling the numbers in rapid succession and winning a flock of bows and encores. Van gives his pianist, Harry dl Costa, a boost in a special song, in- troducin'g him as composer of Tiger • Joe Besser, in the trey, wakes 'em up with his comedy* but ishows lit- tle or no new material since his last date here. Lee Royce, his straight man, vocals 'Ol' Man River' nicely. Rbbbins Bros. & Marge provide a breezy finish tp the bill, with sen- sational flips by the two- boys in the finale; and a swell aero numt>er by Marge, who has plenty on the ball in the way of personality. The two Robbins also click in a smart pre- cision aero turn. Four Warners, in the deuce, do little to pep up the show. A boy fiddles and hoofs, simultaneously, and the girl vocals. Then they call out 'mother and dad' who pull off an eccentric dance number. Woolford's Pets, opening the bilL register fairly welL The pups are all dachshunds, which is a novelty. Two dogs on a slack wire, and a teeter-l>oard trick in which one pup tosses rubber frainkfurters into the teeth of another, are among the best tricks. Although the canines do not perform all their tricks smoothly, man and woman handle them pa- tiently and convey the right impres- sion across the footlights. _ Roberta Hines, winner of an audi- tion contest here last week, is an ex- tra. Local gal xylophones a couple of tunes and does some tapping along with them. Has okay stage pres- ence, and shows she's a better musi- cian than a dancer. fox New Acts WALTER POWELL ORCH. (12) WHh Bobble Trotter 16 MIns.; Fall State, N. Y. Powell, a hoke trombonist Is from the Frank and Mat Britton breakaway band, but has had his own_ orchestra and a two-act dn previous occasions. Present aggre- gation is supplemented by a giii smger, Bobbie Trotter, and Is only parUy dedicated to unabashed seltzer water and hoseplay. ' Act gets some laughs, but not enough. It is more often silly than funny, frequently awkward and honky-tonk in its devices. It messes up the stage, but does not make full use of nor adequately alibi the slapstick method. And because of inferior showmanship and staging, manifest from start to finish, it does not register a genuine click. Pointltes bits and a general tame- neffi to the proceedings, which end with buckets of water doused over ?u "couple of the musicians, causes the act to lack the sparkle and spon- taneity that could justify the dop- piness and sheer practical-joke ap- proach. It inevitably seems syn- thetic, smart-alecky, self-conscious fP all — unprofessional in craftsmanship. r,„^i? Sirl singer jitterbugs a hot number with some zing. Land. KITTY CABLISLE Songs 12 HiBs.; One State, N. T. From films and stage musicals (but not mentioning the fbct to the audience), Kitty Carlisle projects some half-dozen songs, all pops or semi-classics of the type known as familiar music' She uses a micro- phone, which anchors her centre- stage. She makes an attractive ap- ' pearance and easily conveys to her audience the fact that she knows what she's doing. A voice of pleasant timbre and considerable volume, she is an able star-vocalist They Uke her at the State. ^ Land. MAXIE ABMSTBONG Oanoing 8 Mlns.; Full Apollo, N. T. Maxie Armstrong is a smooth- working young tapst*r who's evir dently been around. He does two well-routined and executed taps here with the Cab Calloway orchestra and clicks with both. Opener is a rhyth- mic bit capped by a faster encore. Costuming is in the groove of col- ored dancers. It's white tails with purple lapels and similar vest adorn- ments. Wedncfldaj, March 15, 1939 LEGITIMATE VARIETY 49 Managers Have Sunday Yen The I.easue of New York Theatres has asked Equity to give Broad- way legits the same Sunday privilege accorded to productions under its jurisdiction at the N. Y. World's Fair, The managers point out . guch shows at the fair will have the right to play Sundays without the double pay impost that stymied Broadway when Sabbath performances were legalized in N. Y. . Showmen also want the right to give Sunday shows without being required to pay two-eighths of one week's salary. If nine performances are played one extra eighth would apply, but should a week-day show be cancelled, salaries would be the same as contracted lor. Equity CcHuid Seeks Acfo^ I&e Preposal; Sunday Hatter Up Agam as Fair Getis Sabbath Right At a special Council session held by Equity last week in New York, minimum salaries for the New York's World's Fair were discussed. However, no agreement was reached. After a tentative schedule was pre- ■ented, calling for salaries to be ■bofve the legit mioimums, the mat- ter went iiack to committee; Indicated that there's a growing tendency in the Council to get action on the recent proposal to boost the minimum of seniors from |40 to $75 weekly. The issue has not met the favor of Equity leaders, who have cautioned against so radical a Jump on the grounds tliat it would discourage production and because it's out of line with the proposals to rearrange budgets so that lower prices for tickets would be feasible. Trial S««fht at Fair One suggestion was to try out the Increased minimums .at the Fair. That brought opposition. It was pointed out that the players chose the wrong time to experiment with pay scales, since the Fair won't be part of the regular season and thus a study of the experiment couldn't be made as propitiously as if it were made during the regular season. Scale as proposed for the Fair's 'Railroads on Parade* calls for a $30 weehl/ minimum tor principAls, but thiere'fl no limit on how. much play- ers may obtain. Chorus would re- ceive $45 and extras $25. Railroad ■how will run about one hour and 10 minutes, four times daily and 20 times weekly. Around 250 are sched- uled to be used in the spec. Similar (Continued on page S2) BANK RECEIVES LYCEIM, N. FROM LESSEES Lease on the Lyceum, New York, which has been operating with legit chows independently for the past three and a half years, has 1>een turned back to the Bowery Savings Bank, N. Y., which acecpted cancel- lation because the tenants proved the operation was Iteavily in the red. Un- derstood the bank will operate the theatre, whose rental was claimed to be too high. The late Spencer Bettleheim and Otto Diehl were the lessees, using a corporate name. James F. Reilly, who formerly represented tlie Belas- co-Frohman interests and the bank on the property, is expected to be similarly concerned. No change in the front of the house is' antici- pated. Allen Schnebbe, manager, and Hugh MacGauIey, treasurer, have contracts for a year. HiistOD Play on Tour, N. Y. Fair Date Seen Walter Huston's 'Knickerbocker Holiday,' which closed its New York run Saturday (11), opened Monday (13) in Philadelphia and will play Buffalo, Cleveland, Pittsburgh, De- troit, Columbus, Cincinnati and Chi- cago (three weeks) in that order. "The play may be brought back to N. Y. for the World's Fair, depend- ing on business indications. Other- . wise, show may go to San Francisco for the Fair there. The only important change in the cast will be that of Hannah Lee Cbilds replacing Carol Deis tor the tour. Follows DaiTs Steps Vinton Freedley, Jr., Is co-lyricist of this year's Hasty Pudding Club production, Tair Enou^,' at Har- vard. Freedley's colleague on the lyric-wrlting is Savid Lanhon. Ed Lilley and BiUy Holbrook have been imported from New York to stage. GUILD. EQUITY IN EXPERMENTAL TiiEATREDEAL The Dramatists Guild is co-oper- ating with Equity regarding a pos- sible experimental theatre in New York. Committee consists of Rob- ert B. Sherwood, chairman; Cieorge Sklar .and Russell Crouse. Squid's committee includes Winifred Leni- han, chairman; Antoinette Perry, Margaret Webster, Hugh Rennie, Mary Morris, Worthington Minec- and Edward Fielding. Cooperation between the two groups resulted from an Equity suggestion to the Guild that the lat- ter sit in for conferences on the tab- ject. Guild hasr always tended to hold aloof from official participation in conferences of the various Broadway groups when the managerial end is represented. Case- in point is the American Theatre Council, How- ever, the experimental theatre proj- ect involves a subject in which the Guild is interested. Conferences are limited to actor .and .author repre- sentatives. GAITES, ALEXANDER SUSPENDED BY GUILD Joseph M. Gaites, Different, Inc., Alice Alexander and A. Alexander, Inc., all producing managements sig- natory to the Dramatists Guild's minimum basic agreement, have been. declared in bad standing with that organization. Guild members have been notified not to deal with any of the managements .until they have been reinstated to good stand- ing. Gaites, through Different, Inc., produced 'I Am Different,' in which Tallulah Bankhead appeared on the Coast last fall. Play folded after a short run there. Miss- Alexander, through A. Alexander, Inc., pre- sented the musical, 'Right This Way,' at the 46th Street, N. Y., last spring. It also had a brief stay. Four City Rotary Stock Starting at Easter Indef. O. E. Wee and Frank McCoy have completed deals for their rotary stock circuit due to open Easter. Four stands have lieen secured for indefinite dates that are expected to span the summer. Houses named are National, Washington; IJI^on, Pittsburgh; Cass, Detroit, and Plymouth, Boston. Admission scale will be $1.10 top. First show slated Is 'You Can't Take It With You.' JAMES BARTON IS CHIDED FOR CUSSIN' James Barton has beeti found guilty by Equity of using 'vile and abusive language' backstage at the Forrest, New York, at various times during his appearance there as the lead in 'Tobacco Road,' from which he withdrew, several weeks ago. Eddie Garr has since replaced him. Indicated that the Council, which heard the charges early last week and. made the' decision Friday (10), had a collective tongue in its cheek, for mild discipline .was ordered. Bar- ton, it's reported, will only be reprimanded. The Barton matter was the result of an attempt by most of the 'Road' players to make the actor conduct himself in a 'gentlemanly' manner baclcstage. However, some council- lors familiar with Barton, particu- larly his former seasons in burlesque, were skeptical of favorable results. Barton admitted he uttered the phrases substantially as complained about but said he could not under- stand how anyone concerned with such a luridly-dialoged drama as 'Tobacco Road' should take offense at his remarks^ There were around 25 witnesses, most of them support- ing the complaint of Ann Dere and Cynthiai Arden, who filed the charges against Barton. Since the list of witnesses exceeded the number in the play, it was explained that there were also character witnesses. Miss Dere and Miss Arden are still appeacing in 'Road.' Former was dismissed early in the winter at the insistence of Barton, She then tlureatened to sue him, but later dropped plans for the suit when she returned to the cast Council ruled that no malice was shown and as one member put it, tlie actor was 'just being himself.' .That would ex- plain the decision to mete out light punishment. Warlmg Hayers To Be Taxed For TMAT Upkeep At a general meeting of the The- atrical Managers, Agents and Treas- urers union Thursday (9) it was de- cided that an assessment of 1% of each working member's wage Is necessary to maintain the organiza- tion. Tliis would be turned over to an emergency fund to balance the budget The pending negotiations between the League of New York Theatres and TMAT are expected to provoke a protest from the managers because of .a by-law which the union recently adopted. This rule stipulates that no member of TMAT may act on a com- mittee or represent the manager in a dispute or adjustment of differ- ences with a union. Claimed by the league that such a regulation is in direct violation of the understanding made between the managers and the union when the basic agreement was in negotiatioa It was pointed out that several gen- eral managers who are piembers of TMAT have acted for the League on the labor boai-d. When the agree- ment was being discussed, the Ijeague questioned the inclusion of company and house managers who frequently act for the producer and operator in union matters. TMAT at that time declared there would be no difficulty over such situations and showmen were mollified by the plan to excuse such. members from union rules until the differences were adjusted. League now contends .that the by-law re- verses any such possibility. When TMAT was regenerated and many nejv members joined, there was considerable talk of assessments to help those without jobs, according to a plan similar to that of the stage- hands union. It's reported, however, that a big majority in the union is employed, and that there are more jobs than usual in sight for the coming sum- mer. Length of time the assessment would continue was not made cer- tain. Hearings on Met Code Concluded; Ruling on Acme Vs. Eqiuty-League Later as 4 Brokers Are Queried Stanley Young Play Tried Out in Cleve. "Nights 'Between the Rivers,' Stan- ley Young's dramatization of a novel by R, L. Duff us, is being tried out this week by. the theatre department of Western Reserve University, Cleveland. PUo^ preemed last night. (Tuesday) and runs through Sunday night (19). Young, author of last season's 'Robin Landing,' is one of the John Golden playwrighting fellowship holders. PUY. UMARY AGENTS PLAN POUONG stirred by the arrest of Eric S. Pinker of the Pinker & Morrison agency, on a grand larceny charge, leading New York play and literary agents are considering the formation of a restricted, self-policing associa' tion t6 deal with tiie ethical con slderations of the business. Although various ideas along similar lines have been suggested in recent years, drastic action is now expected shortly. Pinker, one of the better-known New York agents, was arrested Mon' day (13) in New York on complaint cf E. Phillips Oppenheim, He was charged with having misappropri- ated $10,000, less his 10% cemmis- sion, which he- had received for the author from the Crowell Publishing Co. Co. According to the district attor ney's office, additional charges against Pinker raised his shortages to $45,000 or $50,000. After a pre- liminary heating he was held with- out bail for a formal hearing Fri- day (17). Several of the leading drama and literary agents have been agitating for some time for a method of regu- lating the field. Incorporated So- ciety of Authors' Representatives was formed several years ago in N. Y. to deal with the situation, but some of the foremost agencies de- clined to join. It's now thought like- ly that the organization will dras- tically revive its regulatory setup, possibly with the cooperation of the holdout offices. Outfit has formerly been composed entirely of drama agents, but will probably now take in literary, reps as weU. It's expected that the Authors' League may take a hand in the sit- uation, forcing the ISAR to adopt a stringent self-policing code. Matter of agency regulation has long been a puzzle to the League. It is for- bidden by law from blacklisting agents, but would be empowered to license them under its own restric- tions. Organization has always re- fused to take the latter step, how- ever, since it could not enforce any standards as to efficiency, but only as to ethics and honesty. It was generally felt that to issue licenses to all ethical agents, the League would also have . to sanction the holiest but inefficient ones and would thereby seem to recomn^end the latter to its memliers. Reorganization of the ISAR along more .stringent re'gulatory lines, it's held, might solve the League's dif- ficulties, since it could then merely recommend that all authors deal with member agents. It would be ex- plained that such recommendation concerned only the ethics of (he agency, hot its capability. Lois January Signed For Lew Brown Play Lois January, film and stage player, was signed for the female lead in Lew Brown's "Yokel Boy Makes Good' in New York on Mon- day (13). The play goes into re- hearsal in May. Others signed so far are Jack Pearl, Judy Canova and Frankie Albcrtson. Miss January flew back to the Coast Monday night (13). Hearing in New York of the Acme Ticket Agency, which seeks to en- join the League of New York The- atres and Equity from enforcing the ticket code limiting, premiums to 75c. over the iMxoffice price, was com- pleted before Morris (hooper, Jr., referee, Thursday (9). However, the result of the proceedings will not be decided for at least three weeks. Referee gave counsel for both sides two weeks to file briefs. Indications are it wUl an additional week before he reports the finding to Judge Sam- uel H. Hofstadter, by whom he was appointed to conduct the hearing. . Though ticket men had figured . that pending disposition of the case there would be a tendency on the part of the League to let down in enforcement, four brokers were summoned yesterday (Tues.) by the League to answer questions concern- ing allegations that they breached the code. League-Equity's end of the litiga- tion cost will be defrayed by the League, as st^iulated when the code desl was made with Equity. The coin win come from ttie enforcement fund, which Is made up of levies paid by the agencies (S^te. per ticket). It was admitted that some brokers are paying the League and sMne are not No action has been taken against the latter as yet Indicated that the League is awaiting the outcome of the Acme case before acting. Acme and the League will split the referee'« fee, said to be $1,000. riaccs Sbme for Off BIc Brock Pemberton, who led the movement that resulted in the code, blamed Broadway's offish business on the approadh of the income tax deadline and the . "New Deal reces- sion' and not on the code, which has' been blamed in several circles for the lull. He differed with Frank Glllmore, former Equity head, who also figured in drafting the code. Gillmore said he thought the agen- cies shoidd I>e eliminated because, by overcharging, the brokers tended to lessen attendance and shorten en- gagements. He also averred that 'Abie's Irish Rose' and other long stayers were never aided by ticket 'buys,' whereupon he was advised that 'Abie' had an eight-week buy before it ever opened. Pemberton stated that brokers had a definite and necessary function, being salesmen from producers, with service facilities which managers have not matched. While opposed to buys because he felt that losses so sustained were md^e up by brokers overcharging for successes, . the showman conceded that some agencies might not operate out of the red with a 75c. maximum premium. Pemberton also said that a thea- tregoer who wants good locations on the last day or at a late hour also causes increased prices. Suggested that the manager hold back a cer- tain number of tickets for the last- day sale and for which sizable pre- (Continued on page 54) Advisors Selected For Dartmoidi Drama Fete Advisory committee for the annual summer drama festival to be' held at Dartmouth College, Hanover, N.'^K, has been named by the Dramatists Guild. Events, which are planned for the $1,000,000 theatre workshop and playhouse to be erected on the campus, will probably begin during the summer of 1940. Funds for the project are now being raised by a committee of alumni. Guild will direct the festival. Plant will be used for the college's drama course during the regular scholastic year. Aim is ultimately to make the festi- val a sort of dramatic Bayreuth of the U. S. Those on the advisory committee. -> include Maurice Evans, Ina. Claire, Alfred Lunt, Lynn Fontanne, Law- rence Langner, Donald Oenslager, Guthrie McClintic, Katliarine Cor- nell, Brock Pemberton, Helen Hayes, Brooks Atkinson, Harold Clurman, Sam H. Harris, Jane Cowl, Raymond Massey, .Bums Mantle, Theresa Hel- burn, John Ckilden, Rotiert Edmond Jones, Arthur Hopkins, Max Gordon, Arthur Byron, Orson Welles, .John Mason Brown, Jo . Mielziner, Lee Simonson, George M, Cohan and Walter Huston. 50 VARIETY LEGITIMATE Wednesdaf, March 15, 1939 Revision of Play Contracts Awaited Before Reorg of Rotating Circuit MgL Reorganization of tlie managerial end of the Legitimate Theatre Corp., formed by Arthur M. Oberfelder, of Denver, and two Chicagoans, is vir- tually set but awaib expected re- vision of contracts for the rights of tliree of the four plays slated to be sent out. Attorneys are working on the adjustment, whose principal problem is to lower the terms, said to have originally called for royal- ties of 20%. New outfit contends it could not operate with such an im- post. Fortune Gallo, who is to be execu- tive director, has agreed to take over certain financial details, including the engaging of agents who would be members of the Theatrical Man- agers, Agents and Treasurers union. It appears that although half a dozen were taken on, only two were sent into the field. Understood it has been agreed to settle claims of the others by payment to TMAT of $1,000, the coin to bn distributed equally to each of the four members who received no work. Another matter which the union is seeking to adjust concerns Ben At- well, one of those retained by the Oberfelder group. When the Chi- cago end of the corp. was shy of funds, Atwell put up $1,500, but when a change in the management was decided on, he demanded return of the money. Reports are that par- (Continued on page 54) SHAKEimL FTP; NESS SET Los Angeles, Uarch 14. Federal Theatre Project . Is to be reorganized insofar as severance of administrative and technical duties are concerned. Following temporary appointment of Ole Ness, regional di- rector, as acting Southern California director, announce^ment of a new organization charter was made - by Herbert C. Legg, Works Progress Administrator, and Mrs. HaUie Flan- agan, national FTP head. Under new setup administrafive functions of the theatre project will be taken over by WPA, with tech- nical phases to be handled under supervsiion of Ness and other local project execs. . Willis Lusher has been named technical co-ordinator under Linton Smith, state FTP di- rector. Permanent successor to James R. U llman as Southern Cali- fornia .JTP director Is expected to tie announced within 30 days. Mrs. Flanagan revealed that the XiOS Angeles project, as presently constituted, comprises 11% amateurs, but she held a brief for this repre- sentation on the ground that prom- ising amateur talent should not be overlooked. Equity Makes Exception In Afien Actor Ruling Exception In Its alien actor rule was granted by Equity yesterday (Tuesday) to permit Robert Flemyng, London juvenile, to appear in 'No Time for Comedy,' S. N. Behrman play which the Playwrights' Co. and Katharine Cornell are readying. Okay was granted at the request of Robert E. Sherwood, of Playwrights', and Miss Cornell. Flemyng was seen In 'Spring Meeting,' which, recently closed at the Little, N. Y. Similar request by another management for an excep- tion in Fleihyng's case was refused by 'Council two weeks ago. "STARS IN YOUR EYES" Mgt.l LOD CLAXTOM $1 Top for 'Women' Set For First Trial in Pitt Pittsburgh, March 14. DpUar-top legit experiment, which was launched in Philadelphia couple of months ago, will be tried here next week for the first time with 'The Women.' Show previously played here this season at $2 top and year ago at $2.75. All seats will be resierved with both downstairs and balcony going for $1, plus 10c tax, and the gal- lery seals for 50c. Results may de- termine whether or not Nixon be- comes a unit this summer in eight- city, touring stock circuit, which will sell established stage hits with guest stars at the same scale. Play on B'way FAMILY PORTRAIT Drama In three acU by Lenore ColTee and William .Toyca Cowen; preaefited by Clieryl Crawfopl In association with Day Tuttle and Richard Skinner: atan Judith Andeinon; staged by Margaret Webster: settlnca and costumes. Harry Homer: at the Morosco, N. T., Uarch 8, '39; {3.30 top. . Mar7.... Judith Anderson Dantel Ronald Relsa Joseph Norman Stuart K Shepherd ...Max Leavitt N'aomI Vltslnia Campbell Jiida James Harker Mary Cleoplias Evelyn Varden Reba..... Lois Austin Simon Tom Ewell Jaraos Philip Coolldge Mordecal Wllllatn Fnrari Sellma Kathr>'n Orlll Kben - Philip Truex Mathlas Hugh Rennle A Disciple Leonard Elliott Hepzlba ; Eula Guy Applus Hadrian Ouy Spaufl Anna Ruth Chorpennlng Rabbi Samuel. Bram tCoasen Mendel..'. Wilt Lee Woman of Jerusalem Lois Jameson Child Eugene Schlel Mary ot Magdala Margaret Webster Nathan.. Ronald Hammond Daniel Philip Truex Esther Josephine McKIm Leban ot Damascus Guy Spaull A play of ' biblical characters, though not in the phraseology of the world's greatest document, 'Fami^ Portrait' doesn't impress as being dramati.c . enough, though it may arouse general discussion. It is the story ot Jesus of Naka- reth, as- gleaned from his family. He does not appear, nor is there any reference to his birth, and- no claim by Mary that he was more than an average man. His father is men- tioned as a carpenter, a trade also followed by his brothers, who decry his wanderings and his appearances in the synagogue, for 'a prophet is not without honor, but (except) In his own cpimtry, and among hu own kin and in his own house,' so Jesus said (St Mark). Through the play parade names familiar to the Bible, but outstand- ing is Mary, wondering about her son who has gone amidst the people in the big cities and the hinterlands. The scene in the Jerusalem house is the most recognizable; it's that of •The Last Supper.' In the distance there are sounds of Pilate's trum- (Contlnued on page 54) New Masses' Satirical Revue Opens in N. Y. Club, but Eyes B'way Inspired by the success of "Pins and Needles.' New Masses mag has produced 'Sunday Night Varieties,' a group of satirical musical sketches, ■and is negotiating for a Broadway house . as a show window. In re- hearsal four weeks, the revue preemed Sunday (12) at the Key- note club, a small hall on West 52d street, N. Y. Performers, of whom all but two are strictly ams, never functioned as a body prior to being assembled by director Nat Lichtman. Exceptions are Danny Kaye, formerly with Abe Lyman's orch, who does most of the impersonations, and Claire ' Ver- monte, diseuse frequently spotted in niteries. John Latouche and Bernece Ka- zounoff, who've contributed music and lyrics for several numbers, also shared in scripting the book for 'Pins and Needles.' Among their current efforts are 'I Don't Want to Be Scar- lett— 1 Want to Be Red,' and 'Blase,' a takeoff on cafe society. An audience of about 200 witnessed the show's debut. A repeat per- formance is scheduled for next Sun- day night (19) at $1 top. Yiddish Troupe Takes Over Philly Theatre Philadelphia, March 14. Yiddish legit will take over the Walnut Street when the Federal Theatre Project leaves the theatre March 25. House will be operated by Joseph E. Becker, agent for the owners, with a repertory group from Kew York produced by Edwin A. Relkin. FTP may return to the house in May with Moliere's 'Would-be Gien- Ueman' and/or a mixed (colored and white) dance group doing 'Spirituals to Swing.' 'Spirochete,' dramatizing conquest of syphilis, is currently in the house; Biz punk. R. L HAGUE 59, SUCCUMBS IN N Y. The patron saint of the Lambs club, Robert L. Hague,. 59, died in New York March 8 following a hieart attack. He had been ill for some time with diabetes. Funeral services were conducted Saturday (11) at the Little Church Around the. Comer, N. Y., which was thronged with mourners. His benefactions were many and always done without publicity, and he was recognized as one of the most generous hosts on Broadway. After a varied career he madfe his mark iii San Francisco marine circles. He served later on the shipping board during the World War, then joined the Standard Oil Co. of New Jer- sey, becoming v.p. and manager of the largest fleet of tankers in the world. Hague had admittedly saved the Lambs from insolvency. He is said to have contributed from $25,000 to $50,000 innually to the club. He was once its treasurer, and when he wished to withdraw from that post a petition was signed by virtually every member asking that he re- main for another term, which he did. His parties before and after the club's annual Gambols at the Wal- dorf-Astoria, N. Y., were well known, It's been estimated that such parties cost Hague around $10,000 each. One of his best friends was Gene Buck, president of the American So- ciety of Composers, Authors and Publishers. A prominent clubman. Buck gathered the cream of after- dinner talent for an affair In honor ot Hague, several years ago at the Lambs. At that time Buck alluded to Hague as 'the stage-struck sailor' who married four times. Hague cor- rected him )>y saying 'five,' but no one seems to have learned the iden- tity of that mate. His widow, Mary Lewis, who went from the 'Follies' to the Metropoli- tan Opera Co., attended the fimeral They had been separated. Also pres- ent was Edith Bpbe, a modiste, to whom he had been previously wed. Latter was robbed of $100,000 in jewels one night after the couple had returned from an affair. Hague is also known to have been a silent backer ot lejgit shows. Many times he aided indigent members of the Lambs. William Gaxton, who headed the club for several years, was his favorite actor, and they were inseparable friends. Not infrequently, and blways aroimd the holidays, there were notices on the call board at the club to the effect , that all members were invited to dine at his expense. Last rites were attended by nota- bles in and out ot show business. His mother, 88, who is bVnd, planed in from Arizona to be present. Engagements Mary Mason, "The Primrose Path;' Whitford Kane, 'Hamlet' (road company). Alberta Perkins, Robert Fleming, 'No Time for Comedy'. Bill Robinson, Robert Parrish, Ed- die Green, Gwendolyn Reyde, Mau- rice JSllls, Rose Brown, J. A. Lillard, "The Hot Mikado.' Tala BireU, Philip Reed, Arnold Korfl, Lloyd Ckiugh, Otto Hulett, Dorothy McGuir«!, Lois Hall, Stiano Bragglotti, George Reynolds, Roland Hogue, 'My Dear Children.' Inside Stnff-L^ The late Robert L; Hague, Standard Gil Co. of New Jersey official, who died last week in New York, was one of the most active members of th« Lambs in addition to being a lay member of Equity. He had no participa- tion in Equity affairs other than paying dues. Equity's lay membership has been considerably reduced, but belonging are A. O. (Bert) Brown, former Shepherd of the Lambs, and Dudley Field Malone, the attorney. William Gaxton, also a former Lambs Shepherd, was perhaps Hague's closest Intimate. The magnate had a habit of sending the actor a $20 gold piece. on the opening night of all shows in which Gaxton appeared. When gold was ruled out as currency, Hague secured the double eagles from coin stores, paying nearly double the original value for them. There are two versions of what happened, if anything, to Dick Maney in a cafe recently. . He was at a table with Warden Lawes, of. Sing Sing, and it was reported the latter socked the press agent. Another report is that Maney leaned bn the table with his chin clipped in his hand, the elbow slipped off the edge and his kisser struck the table. Maney says it must have been another fellow. At least, he doesn't re- member the .incident Block sales ot tickets for The American Way,' at the Center, N. Y., ara generally available but under certain stipulations. Theatre parties ot not less than 200 call for a concession, such block sales being limited to tickets priced at $3.30, which is the top. If that many tickets are arranged for, a reduction of .25% is made. Biggest call for tickets applies to intermediata prices, and the advance for such extends well into May. 'Knickerbocker. Holiday,' which closed Saturday (11) at the 46th Street, N. Y., grossed approximately $360,500 for its 165 performances, not includ- ing two benefits, at that house and the Ethel Barrymore, N. Y. Maxwell Anderson-Kurt Weill musical copped an additional $37,000 for 25 per- formances during its tryout in Hartford, Boston and Washington. Show is in Philadelphia this week tor the first, stop on a second tour; Brock Pemberton, who stated at the ticket hearing last week that tha New Deal might, among other things, explain a recession in Broadway legit, has been a friend ot Alt T. Landon, the Republican presidential can- didate in 1936, since boyhood. Showman acted on a committee during the Kansan's campaign.- Hope Williams, who played Miss Prism in the recent j-evlval of "The Importance ot Being Earnest,' and is now touring with the company, runs a dude ranch in Cody, Wyo. This is her first stage appearance in four years. She has operated the ranch for .10 years, coming east each winter, however. Yiddisb Play The World Trembles Musical revue In two parts. SI acenes, prolog and epilog, TIddlsh Bande from Poland, presented by Maurice Schwartz In association with Ignatl Son: sketches and lyrics, I. Nozhlk. M. Brodhorson. M. Geblrtlg. S. Yanovsky. Zlsy Katz, J. Fried- man, M. Broyde, J. Weinberg, Joseph Goldstein, Itzig Manger. P. Kntz, Bruno Yasbtnsky, M. Zosbtchenko: music. Joseph Kamlnsky, David Begelman, M. Geblrtlg, U. Broyde, Manaaz Oppenbelm, H. Rubin, A. Kohn. I. Nozhlk; ataged by A. Stolsk- tcder; settings. A. Lleberman; musical di- rector, Sholem Becunda; at tlie Yiddish Art, N. Y., four weeks, opening Feb. ST, ■80; ^S.TS top. Cast: Lily Llllana, Ualvlna Rapnel, Leon Llebgold, Zlsy Katz, Chana Oroaberg, David Lederman, Isaac Rottman, Manasz Oppenbelm, Selma Karen. Maurice Schwartz has endowed his name to the presentation ot "The World Trembles,' but there ends the distinction ot this, so-called musical revue. IJnknown in this coimtry, though popular in its native Poland, the Yiddish Bande is showing noth- ing more than a series ot misfit sketches, generally trite lyrics and imdistlnctive music. This revue might perhaps have some appeal tor those with a knowl- edge of Old World theatrics, but in its modern form it's nothing more than a hodgepodge; an unsuccessful attempt to modernize corny Yiddish theatre into a modem hauteur. Here and there is a bit of poten- tiality, made so only because of the zest with which the cast performs. It's a sprightly bunch that works hard enough, led by m.c. Manasz Oppenheim, who's attired in tails, and who contributes some wit. and sparkle to the proceedings. The satire runs the gamut, from the chassidic plaint to the inevitable Third Reich. Ot the performers, Chana Grosberg, Oppenheim and Lily Liliana stand out. 'The first-night audience was very appreciative. Play Out of Town SKYLARK Boston, March 13. Drama In three acta by Samson RaphaeN son: stars Gertrude Lawrence: featurea Olcnn Andersi. Leo Patrick, Donald Cook; ataged by the author: settings. Donald Oenaloger; presented by Jolm Golden at the Shubert, Boston, March IS, '80; tS.TS top. Ned Franklin William David George Gorell ; Walter Gilbert Fauntley. Horace Sinclair Paulette Valentine ,I,.yalentlne .Robert nuHon J?"'. B'«lecause of Welles' radio ■how and the extra mat Thursday. Next is Cornelia Otis Skinner in Candida.' Estimate tor Last Week ' The PhlladelpbU Story,' National (1,698; $2.75 top). Soared at mid week to finish with $23,000. 'Angela' Way Off in Pitt, Barely Getting $5,200 Pittsburgh, March 14. The Nixon had a, lull last week with 'Angela Is 22/ show barely get- ting $5,200. Reviewers were fairly kind to the comedy and generally figured that Sinclair Lewis-Philip Merivale names would help some. Practically no window sale at all and only thing that saved it from complete disaster was advance sale to ATS subscrib- ers, who were Offered seats -at series of cut-fates, despite fact that 'An- gela* wasn't included in regular so- ciet? program. House has Cornelia Otis Skinner's 'Candida' current, with nice chimk of dough in b.o. at opening, also on sliced scale for ATS pew-holders. EMimate for Last Week . 'Angela. IB 2V Nixon (2,100; $2.75). Under $5 ,200. • InHib,$16m Cliatterton9G 'WOMEN' CLICKS, $7,500, IN BALTMORE REPEAT Boston, March 14. J'ive KIbjs,' the compressed caval- e from .SnakeKMare; produced by Orson Welles, became more concen- trated after its somewhat tedious opening, and business held up fairly well during its second week. 'West of Broadway,' starring Ruth Chatterton, didn't fare so well in its opening tryout week. Moves to Baltimore Saturday night (18), after two frames here. No Broadway booking had been announced by last weekend (11). 'Skylark,' starring Gertrude Law- rence, opened here last night (Mon.) as did 'Philadelphia Story,' starring Katharine Hepburn, backed by a very big advance. Estimates tor Last Week' ■Five Kings,' Ck>lonial (2d week) (1,643; $2.75). Supported by a sub- scription list . and relativeljr little transient trade, did okay in two weeks, finished with $16,000 for final frame. "Talk is that prosj^ts on Broadway are dubious. 'West of Broadway,' Wilbur (1st week) (1,227; $2.75). Openii^ got tepid press. First week around $0,000. SEE 'ANGELA' FOLDING IF BIZ DOESN'T IMPROVE Current Road Shows (WEEK OF MARCH 13) Angete Is 22' (Philip Merivale)— Selwyn, Cliicago. 'Candida' (ComeUa Otis Skinner) —Nixon, Pittsburgh. D'Oyly Carte Opera Co. — Forrest, Piiiladelphia.' Five KiBgi? (Orson Welles, Bur- gess Meredith)— National, Washing- ton. 'Flashing Stream' — His Majesty's, Montreal (14-18). 1 Married an Angel' (Dennis King, Vera Zorina)— Grand, Chicago. ' Importaocc of Being Earnest' (Clifton Webb, Estelle Winwood, Hope Williams)— Royal Alexandra, Toronto. 'Klsa Boys Goodbye' (No. 2)— Har- ris, C3iicago. 'Kiss Boys Goodbye' (No. 3)— Cox, Cincinnati. 'Knlekecbocker Holiday' (Walter Huston)— Chestnut, Philadelphia . Lnnt-Fontanne n^rtory — ^Forum, Wichita (13); Municipal Auditorium, Kansas City, Mo. (14-15); Shrine Auditorium, Des Moines (16); Iowa, Cedar Rapids (17);Orpheum, Daven port (18). ThUadelpbto Story' (Katharine Hepburn)— Colonial, Boston, 'Skylark' (Gertrude Lawrence) — Shubert, Boston. '£nsan and God' (Jessie Royce Landis)— Hartman, C>)Iumbus (IS- IS); Victory, Dayton (16); Memorial Auditorium, Louisville (17-18). Tobacco Bead'— National, Louis- ville. ■West of Broadway' (Ruth Chatter- ton) — Wilbur, Boston. "What a Lite'- Erlanger, Chicago. 'Wliitcoaks' (Ethel Barrymore)- Biltmore, Los Angeles.. 'Wosfien' — Shubert, New Haven. 'American Way Maintams B way I^,mOOO;W Sets Pace For M^ics^; Unc^' Toxes' Big Baltimore, March 14. Nothing current witii 'West of Broadway,' starring Ruth Chatterton, due at Ford's for three days, starting ' March 20. Last week, 'The Women,' at Ford's, garnered some profit in a repeat date. Estimate for Last Week The Women,' Ford's (1,900; $1). Matinee.q extra bullish for satisfac- tory $7,500, HELLZAPOPPIN' DEAL SET FOR ENGLAND? London, March 14, Before sailing for the U. S. last week, J, J. Shubert closed a .deal with l-l,ie4; $3.80). Looks set for run; attendance again Improved and gross quoted at $18,500. The Primiose Path,' . Biltmore (Uth week) (CD-991; $3,30). Stated to move and may continue well into spring, period, eaised off but okay at better than $7,000. The White Steed,' Shubejrt (lOtfa week) (D-1.387; $3 JO). Moved here from the Broadhurst although b»s\r ness has been on the downgrade; un- der $8,500. Tobacco Road,' Forrest (275tli week) (D-1,107; $1.65). Run leader turning some profit; $5,000 and aimed for another summer, 'What a Life,' Mansfield (48th week) (C-1,050: $3.30), Usbig cutrates but operating profitably, with takings approaching $4,500. Revivals 'Henry IV, St James (7tlf week) (D-1,520; $3.30). Last three weeks announced; along with 'Hamlet' will play on road; $15,000. 'Ontward Boand,' Playhouse (13th week) (D-873; $3,30), May top origi- nal -engagement's run and gross; $8,500, and stay indefinite. ' Added Tell My Story,' Mercury (1st week) (D-682; $2.75). Postponed from last week; opens tonight (Wed.). 'Fins and Needles,' Labor Stage (68th week). New numbers brought some improvement last week, wltta the gross bettering $4,500, satisfac- tory for intimate revue; more added numbers due and critics will again be invited. 'Nanghty Naught,' American Music Hall. Laying off; may resume after Easter. Vaudeville, 44th St; okay at week- end; quoted aroimd $11,000; pr<^t doubtful, - WPA 'Swing Mikado.' New Yorker; claimed big at $1.10 top. 'Androcles and Lion,' Lafayette, Harlem. 'Plnocchie,' Ritz. 'Awake and Siag,' Daly's (Yiddish). tasy by Bertram Bloch will star Ray | ^^^^^^ comedv-irama now Dooley (Mrs. Dywling) and will be i warded for six performances weekly directed by Dowling. I and should materially better the PHILA. LOOKS UP nilUdelphla, March 14. Next three weeks pi'omlse to b* Uvely for Philadelphia leglt D'Oyly Carte Opera Co. started lis three weeks' stay at the Forrest last night (Mon.) with an advance of al- most $50,000. At the Chestout 'Knickerbocker HoUday' opened a week's stay the same night Latter will be followed Mondav (20) by the Theatre Guild-Orson Welles produc- tion of 'Five Kings,' which will be in for two weeks. The Locust re- lights on March 27 with Cornelia Otil Skinner's revival of 'Candida.' 'Importance of Being Earnest' called it a run after a week at the Erlanger although up untU Thursday (9) there was still talk of an added week. Oscar Wilde play got $5,500. Skinner-'Candida' Big In Detroit with $15300 Detroit, March 14. Cornelia Otis Skinner, always a draw here, continued her stride at . the Cass here last week in 'Candida,' abetted by considerably good notices. House currently is dark, but re- lights March 26 with return of 'The Women.' EsMmote for Last Week 'Candida' Cass (1,500; $2.75). Nice $15,300 for nine performances. 'Susan' $6,500, Buff. Buffalo, March l4. Three-day engagement for 'Susan and God,' ieaivTlnf> Jessica Royce Landis, crossed fine $6,5(H> at the Er- Isnger here last week. Top was $2,50. 52 VARIETY LITERATI Wednesday, Marcb 15, 1939 Post Beported Over Bomp . New influx ol coin at the New Yorlc Post has given it another lease on l\te. First step under the hew order of things was restoration to employees of the 10% of their sal- aries which they were 'loaning' baclc to the paper each week. There are several reports as to where the new money came from. One Is that Vincent Astor, who al- ready has much sunk in the Post, put up the additional coin. Another is that Nathan Strauss, U. S. Hous- ing administrator and a close friend of the President, was asked to use his influence with advertisers. League Bulletin by Helen Christine Bennett, of the Guild Council. Deficit held to be not alarming, It being pointed out that it's only around $7.50 per capita. Expressed, remedy Is an increase In member- ship, article revealing that there are from 4,000 to 6,000 writers eligible to join the organization who are not now members. Article maintains that this In- creased membership would not only enable the Authors' Guild to pay its way, but would enable nmch more advantageous contracts from pub- lishers. More on Whodnnlts Whodunit book project, along new lines being undertaken by a new. or- ganization. Thrift Publishing Co., headed by David E. Toplitz and Harold HaimowitzL Details being guarded for the time being, but un- derstood to utilize mail order along extensive lines. Whodunits m book form still bread and butter' for many of the publishing houses. Never assume best-selling proportions, but most manage an edition or two. That rep- resents small but steady profit Digest Exeo Sues Time . A $50,000 libel suit against Time, Inc., was started in the, N. Y. fed- eral court by George F. Havell, pub- lisher of Th& Literary Digest, yes- teday (7). Suit involves articles 'written by Time in the March, 1938, Issue when the Digest appealed to iO,000 of its subscribers for aid to help continue publication. The plaintiff asserts that he was not rebuked by the Audit Bureau of Circulation, or ordered to return moneyi as reported .by Time. .Involved Fobllshlne Finance Federal Judge Arthur J. Tuttle has directed four . Michigan iiublish- ers, directors of the Federated Pub- lications, Inc., to surrender 33,500 shares of . corporation stock, valued at about $700,000, and to pay $45,246 to corporation. Involved are Albert li. Miller, president; Louis A. Weil, Sr., Louis A, Well, Jr., and Stanley W. McFarland. Order conforms with ruling of court of appeals at Cincinnati, in which higher court overruled Fed- eral Judge Edward J. Moinet, De- troit, the decision being based on a suit brought by Lewis Ashman, of Deerville, m., a stockholder. Al- though the four had originally been charged with fraudulent depressing of stock prices, the high court ruling noted that the fraud charge had been dropped and credits the four with having avoided a financial debacle by practicing strictest economies. Neal O'Hara Does Hnmor McNaught began syndication Mon- day (13) of a daily humorous topical dispatch by Neal O'Hara as a belated successor to Will Rogers. Agreement is for Id years, with more than 25 papers already contracted, McNaught claims. Type of feature not a new one for O'Hara. Did a similar one for the old N. Y. World for years until the paper folded. More recently has been doing a daily feature on unusual facts. 'Take It from Me,' which he will continue in addition to the new one. Co-incidentally, Waverly House, Boston book publisher, is preparing to issue a volume of O'Hara's news- paper columns under the title of •Take It from Me.' Bochester News' Tmstee George W. Hinman of Mt. Morris, former assistant managing editor of the Rochester Journal-American, has been named temporary trustee of the Rochester Evening News'. Order signed by Federal Judge Harold P. Burke on petition of employees, who it is imderstood, received httlei or DO pay. for ihree. weeks. Hinman wlU supervise the 'firm's business at least until April, "when .Its future status will be determined. News, which was established in August in the Journal-American building, had an agreement with employees , to take half of their pay In stock. Paper claims 25,000 circu- lation, but has been unable to sign up some of the larger- stores' adver- > tislng - or to get as' many of the smaller establishments as expected. Cathollo Paper Baps W. W. 'ScaUlons for WincheU' is the Utle of a blistering editorial in the cur- rent issue of The Evangelist, organ of the Albany Catholic Diocese. Paper berates him for a squib which appeared locally in Hearst's Times Union, that his 'most trusted source' tipped him three .weeks before that 'Pacelli would be the next Pope,' but he did not print It, to his sorrow. States The Evangelist: 'But it took the wise-cracking Peeping-Tom of American columnists, Walter Win- cheU, to tell the world he had had previous inside ' dope but out of courtesy had refrained from handing It to the public. Such consummate nerve is astounding but . not nearly so astounding as the fact that certain otherwise sensible people fall for his line. Some of your own pet seal lions to you, Winchell!' They Learned How Couple of young stage performers, Louise Howard and Jeron Criswell, hnvlng learned what It takes to reach Broadway, have put their findings between book covers. Book is called •How to Crash Broadway,' and they're publishing it themselves, Bound in paper, it has a foreword by Barrett H. Clark, director of the Dramatists Play Service of the Dra matists Guild. . . Two other book$ in similar vein being prepared by Miss Howard and Criswell, 'How Your Play Can Crash Broadway' and 'How to Crash Tin- Pan Alley.' Last-named is 'as told by Arthur Jones,' and will have . a foreword by Sammy Kaye. Authors' GnUd in Bed Authors' GuUd of the Authors' IiCague of America has a deficit of $29,619.59, with a membership of a little less than 4,000, according to an article In the - current ' Authors' New Social Group New organization of N. Y. news- paper workers, and declared by its sponsors as strictly foir social pur- poses, is the Progressive Newspaper Men!s Cliib. Prime movers are Ar- thur Langdon, James Martin, Ever- ett Moodhe, Gordon W. Hinman and Henry Foster. Officers to be elected shortly and by-laws drawn up, whereupon or- ganization plans to acquire dub- rooms in the Grand Central area. Present - membership wholly drawn frpm papers whose plants are situ- ated in that locality. . Onlld Loses Decision The Appellate Division, by a 3-2 vote, affirmed the decision of City Court Justice Charles J. Duncan, Al- bany, that 16 editorial-news em- ployees of ' the Press Company dropped in the merger of Gannett's Knickerbocker News (morning) and Albany Evening News (afternoon) July 1, 1937, are not entitled to va- cation pay totaling about $1,S00. They received severance pay, said to have been approximately $5,000, but sued for sums representing two weeks' additional vacation stipend. The closeness of the Appellate Division vote may lead to an appeal to . the Court of Appeals, the case rei>ortedly being considered very Important by the American News- paper iGuild. Stodgy Bookmen Electrified First instance of a press book a la film style gotten out in . connection with the publication of a book is that for Russell Birdwell's 'I Ring Door- bells,' published by Messner. Bird- well's idea, of course, and the work of his staff just sis if It were for a new film production. . More than 1,000 of the press books have gone out to booksellers, and said to be an eye-opener to the bookmen. Numerous suggestions for publicity, exploitation and advertis- ing in sharp contrast to the average book promotion, which rarely, goes beyond a showcard. Anthor-Pnbllsher In line with expansion of his pub- lishing activities, Ben Sussman, who's been publishing a number of special- ized books under his own name, has formed the Lujen Publishing Co, Continues at the same quarters, but with an increased sked. Change in imprint prompted by the fact that Sussman is also one of his own authors. Thinks it will look better if his name is not down both ways. MaoMlilan's eO-Centcrs Increasing popularity of low-priced books on topical subjects has lured Macmillan into taking a flyer into that field. CaUhig it the People's Library, with the volumes priced '9t 60c. Has three book subjects as a starter. People's Library books to be selected by a group comprising George P. Brett, Jr., the Macmillan head, and Charles A. Beard, Lyman Bryson and Morse A. Cartwrlght Savannah Writers Conference First of the regional writers' con- feirences set for the new season is that of the Savannah Writers' Con- ference to be held April 6-8 at Arm strong Junior College, Savannah, Ga Literature in general to be dis cussed, with Allen Tate, Caroline Gordon, Andrew Lyttle, John Peale Bishop, Samuel Gaillard Stoney and (George Stevens among the scribblers and literary mentors down for lectures. Astro DIstrIb Expands Astro Distributing Co., mag pub- lishers, which has been extensively adding to its list of periodicals of late, has formed a new affiliate, Guide Publishing Co. VTants to get exclusive use of the name nationally before employing it for an added publishing undertaking. Heading Astro are Arthuf; J. Ber^- hard and Morris SJ Latzen.' land, Mass., Demond served on the old N. Y. World, Chicago Herald- Examiner and Omaha Bee before go- ing to California for AP. Walter L. Doyle, 44, secretary and treasurer of the New Britain (Conn.) Record Co., and former publisher of the New Britain Record, -now de- funct, died in New Britain, March 7. Besides his widow, ha leaves his mother and a daughter. Willis Vernon-Cole, 57, American novelist and poet, died Thursday at Luynes, France, where he had made his home* for the past 12 years. Na- tive of Detroit, "Vernon-Cole was for many years prez of the Writers' Guild of America. Widow and a son survive. Charles E. Harrison, 70, formerly an editorial writer on the old Brook- lyn (N. Y.) Standard Union, died Friday at his home in N. Y. Born in Illinois, Harrison began newspaper work in Lowell, Mass. Served on the Standard Union for more than 30 years vmtil his retirement Daugh- ter survives. Bystander Press Starts . After some months in ironing out details, new book-publishing house. Bystander Press, finally getting started. Has quit its temporary Rockefeller Center quarters for per- manent offices on Fifth avenue, and has placed its first book on the presses for publicatipn late this month. Officers of Bystander Press are Jesse Sholkin, prez; Norman Laid- hold, treasurer, and Sidney Mehlman, sec. Sholkin also the firm's editor. NEW PEBIODICALS Key Magazine, mag of home enter- tainment with retail liquor store out- let, bows in April 20. Publisher is Key Syndicated Services Corp., headed by Paul White, who also edits. Victor Rosen, recently with Tom Fizdale, is managing editor. Periodical to appear mon^ly, with first issue to go to 100,000 copies. Photo Bevlew, new monthly sub- titled Headers Digest of Photog- raphy,' makes its bow April 1. Pub- lisher is Dagobert D. Runes, who has a number of other mags, with Margaret G. Kenney editing. Asso- ciated on the business end is CHiarles H. Desgrey, formerly prez of Phy- sical Culture Publishing Co. Initial print order is 80,000. Uncanny Tales, latest in current vogue for weird story mags, is new link in Red Circle chain of periodi- cals. Publication bi-monthly, with Robert Erisman editing. Hlnlatare Bailroadlng, monthly for the model railroad fan. Sponsored by Penn Publications, with Harold V. Loose editor, and Louis H. Hertz doing an assist. LITEBATI OBITS THIS WEEK George Bnohanan Fife, 69, N. Y. newspaperman, died Sunday in Queens, N. Y. Bom in CharlestoWn, Mass., Fife began his newspaper career in 1803 on the staff of the N. Y. Sun. Became assistant city editor of the old N. Y. Mail and Express two years later, and aside from a period as managing editor of Harper's Weekly served on the N. Y. Journal, Post, Times, old Evening World and Mirror. Also authored a couple of books and a play. At the time of his death was on . the pub- licity staff of the N. Y. World's Fair. Third wife survives. Henry BIsIng, 70, editor Spokane Evening Chronicle many years and dean of Pacific northwest news papermen, died March 6 at his Spokane" (Wash.) home from throm bosis. Hp joined Chronicle as re- porter iri 1893, became managing editor year later. C. Norman Stevens, 39, . manager of the Philadelphia office of Paul Block and Associates, died in St Agnes hospital, Baltimore, Friday (10) night following an operation, Stevens, who lived in Philadelphia, has been an executive of many papers, including the New York American, the Boston Record and the Washington Times - Herald. Widow, father and a sister survive. Gerald F. Marshall, 46, on the staffs of the Ahnenberg mags. Radio and Screen Guide, and former news- paperman, died last week at his home in Port Washington, L. I. For merly on the news staff of the N. "S Times, Marshall worked on mags ii N. Y. and CJhicago. Survived by wife, two daughters and mother. John Leonard Gregory, 76, veteran Atlanta newspaper advertising man died last week at his home. He had been connected with The Atlanta Journal and Constitution. Charles Taylor Demond, 82, -vet- eran newspaperman, died last week in San Diego, Cal. Native of Rut- CHATTEB Elspeth Huxley to London. Rosita Forbes to the Bahamas. John Erskine back from Florida. Westbrook Pegler at Coral Gables, Vincent Sheean going to the Coast .Van Ness Chilk back from Mexico. Elsa Heporauta, the Finnish novel- ist here. Maurice Hindus crossing the coun- try on a lecture tour, ■ The Sam Geisons' baby has been named Heywood, after Broun. Bess Streeter Aldrich getting ready to return to Nebraska. Henry R. Luce back in N. Y. from his South .C!af clina plantation. Third printing for Edna Ferber's autobiog, 'A Peculiar Treasure.' George Aitto gets his Aika Pub- lishing Co. started soon in N. Y. Spenser Prize . for distinguished poetry awarded to Lloyd Franken- burjg. True Story Magazine gets a com- plete rejuvenation with the next issue. Somerset Maugham back in N. Y., and returns soon to the south of France. Ray Flicker named v.p. and gen- eral manager. Balance of personnel unchanged. Harper has taken from Doubleday publishing rights to all the works of Aldous Huxley. Vincent Sheean to be hosted at a dinner at the Hotel Commodore, N. Y., tomorrow (16). Harold Strauss, who vraa editor for Covicl-IViede, joins the Knopf editorial staff April. 1. Mabel Manning has halted publica- tion of her mag. The Voice of Truth, and plans to do a novel. Joseph C. Hazen, Jr., associate editor of the Architectural Forum, and Helen Claire Stevens wed. Lazarus Monfried working out • new publishing idea under the han- dle of the Philamerica Publishing Ca Eugene W. Turner, of the N. Y. Times editorial staff, a newlywed. Bride is the former Margaret Earle Harris. Oscar Schlsgall, who does those weighty novels, also turns out prose cliffhangers under the pseudonym of Jackson Cole. Leigh Sanford, of Reno, was elect- ed president of the Nevada State Press Association at its annual con- vention in Reno. Biog of the late O. E. Rolvaag, the novelist by Theodore Jorgenson and Nora O. Solum, will be published April 22, Rolvaag's birthday. Jack R. Kupsick, the advertising agency head, interested in a new publishing undertaking in connec- tion with the N. Y. World's Fair. Paul Van Caimp has resigned edi- torial post with Pittsburgh Press to become publicity director for Penn- sylvania Railroad in Pitt division. Carlote, the poetess, otherwise Mrs.. Louis Oppenheimer, back in N.Y., and will remain until the pub- lication of her new book of rhymes. Joseph F. Dinneen of the Boston Globe was honored at Loew's Stete Monday night (13) when that theatre threw a party called "Dinneen Night' Marthedith Furnas, former fashion reporter for Women's Wear, will have her first novel, The Night Is Coming,' published this month by Harper. ' . WPA headquarters in Washington are making an Investigation of the Federal Writers' Project in PhiUy that is expected to break out any day into a whopper. Fred Walble, forme, newspaper- man and associate director of Elbert A. Wickes theatrical productions, now director of radio department of William C. Lengel, literary agent Sue. MacVeigh, who's been on the PhUadelphia Public Ledger ' and N. Y. World Telegram, has written her first novel, 'Murder Under Con- struction,' skedded for publication soon. Bobby Norris has quit as sports editor of Macon, Ga., Telegraph, to become business manager of Ameri- cus, Ga., club in Georgia-Florida League. Amerlcus is a Brooklyn farm. Rives Matthews has bought the Somerset News, a coun^ seat week- ly published in Princess Anne, Md, from F. C. Jones. Matthews will continue to syndicate his weekly column. James Branch Cabell, Mary Mar- garet McBride, Marjorie Kinnan Rawlings and Elizabeth Madox Roberts to Winter Park, Fla., for the annual Animated Magazine presenta-' tion there. ■ New officers of tbe Chicago Fic- tion-Guild are: j, Anson, prez; Mar- guerite Jacobs, vlce-prez; J. C. Schoenherr, treasurer; Mildred T. Reid, program chairman, and Ethel M. Hammer, sec. Book and Magazine Guild will give a Bookwbrms' Ball on April 15 at the Murray Hill Hotel, N. Y., with Harry Hansen, Malcolm Cowley, Lewis Gannett and Ralph Thompson among the sponsors. David G. Wittels, N. Y. Post- Philly Record writer, cracked his car up badly on a mounteln road near Easton, Pa., Saturday (II) while returning from an assignment He was only bruised. Florence Fisher Parry, Pittsburgh Press columnist who recently blasted Broadway drama critics for their 'leanings to the left' In New York seeing the shows and writing her. daily stuff from there. Maury Paul (Cholly Knickerbock- er), Dorothy Kilgallen, Alice Hughes and Thyra Samter Winslow have done some blurbs tor Morton G'U Clark's first novel, 'Grace I Give You,' which Morrow brings out next month. Boston Evening Transcript will drop its mid-week roto section, in- augurated Oct 12, 1938, after the Issue of March 16. Plans are to re- sume in -the fall with Richard An- thony as editor and. Richard Tucker as chief photog. Advertising news reporters in New York have formed the Adver- tising News Writers Club, with Wil- liam J. Enright Times, prez; Law- rence M. Hughes, Sun, v.p., and David A. Munro, Space tc Time, secretary-treasurer. George C. Waldo, editor-in-chief of the Bridgeport (Conn.) Post Sun- day Post and Telegram, elected prez of the Post Publishing Co., owner of the three papers, filling vacancy caused by the death of Edward Flicker. . Waldo continues in. his edi- torial capacity in addition. Fifth of this season's Book and Author Luncheons takes plac«° March 14 at the Hotel Astor, New York, with Harry Hansen, book crick of the N. Y. World-Telegram, presiding, and Alexander WooUcott John Gunther and Frederick F. Van de Water among the speakers. (Seorge Fort MUton was elected prez and gen. mgr. of Chattenooga News, Inc., new cor^ration which leased properties of CHiattanooga News Co., of which Milton was also prez. New outfit publishes Chat- tanooga News, as did old firm. Other officers of new corporation are J. J. Lynch, vice prez, Sam J. McAllester, sec'y, and Mrs. (Seorge Fort ItlUton, treasurer. Pay Rise Plan (Continued from page 49) scale was proposed for 'Fighting the Flames,' while the minimum for 'Merrie England,' Shakespearean tab, was set at $40 some time ago. Demand Sunday Shows Fact that Equity has sanctioned Sunday performances at the Fair has given legit managers a chance to demand a similar right That issue was considered by the League of New York Theatres board Monday (13) afternoon; Showmen sent word to Equity that Broadway be given the same privilege of playing Sundays during the Fair period. They ad- vanced Equity's pet theory, that any- thing for the betterment of the the- atre and the prolonging of engage- ments, should be tried. For years there has been an ex- odus of actors from Broadway to the rural summer show shops. Possible that there will be fewer pros in the hideaways provided they secure en- gagements at ' Fair shows or on' Broadway. Summer operators in the sticks don't appear to be concerned for the more they can operate with semi-pros'^ or amateurs the bettter they like it Many depend more on drama schools for payoff coin than they do on the boxofflce. Wedneeday* March 15;. 1939 CHATTER VARIETY SS Capt W. H. Fawcett in town. jlike Goldreyer in hospital tor minor clippine., Jonathan Cape, the British pub- lisher, baclc to London. ' Oswald Garrison ViUard will have his autobig- published soon. George Sanders, BKO player, in town on his way to Europe, Freeman Hammond - has been ■dded to Fortune Gallo's staff. Terence Ratigan, author of 'French Without Teirs.'^back to London. Harry Schiimer's daurtiter, Anne Hilda, will be married &mday (18). ' Ole Olseh invested some 'Hellza- poppin' profits in a 5th avenue tav- ern. George Walsh, Par's Netco (N. Y. (tate) operator, in town Monday ^'aI Rosen, manager of Loew's State, bedded all last weeic with griope. Arthur Michaud, handler of Gene Kurpa, recovering from slight flu attaclc. ,., J Maurice Bergman in weekly hud dies with chess-master Emanuel Iiasker. , , Harry Sherman recuping from anide mjury that had mm laid up 10 days. E. Paul Phillips, Par. real estate head, back from Florida after busi- ness trip. Frank Ward CMalley's widow, Grace, engaged to be wed to George MohlmiEui. Father Leonard, of St Malachy's, seriously ilL Iteasurers Club's 50th annual show will be held at the Winter Garden Sunday (18). Gene Meredith went into 'Hellz- apoppin* yesterday iTues.). He has ■n audience bit Jesse Kaye and the missus (Lillian Eliade)- sailed Saturday (11) on a West Indies cruise. Barbara Silverstone, daughter of UA general manager, recovering from appendectomy. Sir Harold Wernher, London the- atre operator, In New York for a show-going vacation. Meyer Beck. ex-UA p.a., handling special campaign for French version of 'Snow White* (RKO). Al Altman, Metro talent executive, returned last week from studio- tal- ent confabs on the Coast Bob Stephen, -radio editor of the Cleveland Plain Dealer, making his annual tour of radio row. Stage mothers will be glorified in a forthcoming series by Douglas Gilbert in the World-Telly. Publication of Katharine Cornell's autobiog, 'I Wanted to Be an Ac- tress;' postponed imtll March 29. Reminiscences of Channing Pollock appear April 12, under the title of *rhe Adventures of a Happy Man.' Roberta Becker, of the Maurice Evans office, will accompany the 'Henry IV. troupe when it tours this spring. Will also play walk-ons in both productions. Charles Presbrey, son of Charles Presbrey, ad agency man, discloses that he married Katherine Wait two years, ago. Lillian Jenkins, secretary to Ted Deglin, Madison Square Garden press agent, in Polyclinic for an operation. (^tie Moyer, who danced in Ziegteld's 'Follies* of 1910, fell in her N. Y. home Monday (13) and fractured a leg. Cal Swanson has become execu- tive on the Hal Roach account which the J. .Walter Thompson agency re- cently acquired. Monroe Greenthal's secretary, Grace Fiscliler, is now Mrs. Freder- ick Russel-Smith. She*s leaving UA to live in C^anada. Bianca Strook is designing the costumes for 'Mv Dear Children,' the John Barrymofe show. Ditto for •The Philadelphia Stoty.* Warner Bros. 10th annual dinner- dance, with Artie Shaw's band, fur- nishing the music, was held Satur- day night (11) at the Waldorf. Henry Herbel and W. E. CaUoway, Warner sales - executives, enroute to New York convention, were Injured slightly in auto accident, but ar- rived on time. 11 ??^"*y Milllhgton, editor of 'Spot- Ught, British casting publication, ar- rived in New York last week with T^e Flashing Stream* company. Will spend several weeks in the U.S. Sidney Justin, former Par. home offlce attorney, who transferred to the studio, not only won first prize lU \ .Prof. Quiz broadcast, but hit .tne highest score , ever made on tliis program. Ralph Rolan. who has been on the road for nearly a month for RKO on talent end of 'Gateway' radio and auditions, plans staying in Ws New York office for at least three weeks. "jlco television demonstration at we Savoy-Plaza hotel, N. Y., last Thursday (9) jammed the hotel's ♦I? *® capacity and left more "•an _ 1,000 prospective viewees on we sidewalk outside. Minnie Smith filed a supreme court action on Monday (13) against waiter Winchell and the New York .Daily Mirror, Inc., for $50,000' al- ttged libel. The plaintiff sublets and rents apartments. ^Shadow and Substance,' 'Air Raid,' Jou Can't Take It with You,' 'Mis- souri Legend,' The Fabulous In- valid,' 'American Landscape,' re- leased for amateur production. 'Whlteoaks' will be released June 1 and *The Women' is okayed every- where but in the New York and Philadelphia areas. London Paris By Hogo Speck. Liam O'Flaherty in from Amer- ica. Tino Rossi to Berlin for Scala debut Roy Howard in from Riviera for look around. Danielle Darrieux in from winter sports at Megeve. Jean Sablon in from America after two-year absence. Annual gala of Artists* Union held at Cirque d'Hiver. Marie Dubas ott for. Riviera and North African tour. 'Gunga Din' (RKO) breaking house records at Le Paris. Andre Lefaur working in three films at the same time. Adolph Zukor and John Hicks, Jr., off on Scandinavian tour.' O. P. Gilbert planning Indo-Chiiia visit to make documentary. Edouard Vn reopening again with second-run double features. Bernard Hilda orchestra to the Coliseum from' Le Provencal. Casanova, night club, recently gutted by fire, to reopen soon. Bob Bassler 20th-Fox's Euroiwan story head, was in for few days. Stan Laurel expected to team up with Michiel Simon in French film. Ijcon Joannon readying for 'L'Emi- grante,' with Edwige FeuiUere star- ring. Jean Louis Barrault back in "The World Is Round' at Atelier after ill- ness. Duke and Duchess of Windsor caught premiere of 'Pygmalion' iat Biarritz. Joseph V. Connolly, of Kings Fea- tures and INS, to the Riviera for a vacation. Mady Berry, of cinema, made legit debut in 'Vire-Vent' at Theatres des Mathurins. 'Grandeur Nature,' from Henri Toyat's story, to l>e Jean Benoit- Levy's next 'lies Parents Terribles' suspended at Bouffes-Parisiens by illness of Jean Marsac. Fred Adlson orchestra presently musicing Ambassadeurs, gave 'Swing- alero' concert 'Snow White' original version get- ting short run at the Normandie, but French version still going strong. Leon Poirer beginning 'Brazza.' based on life of the explorer with exteriors to be shot in the Congo. Count von Strachwitz, rep for Ger- man films here during expo, sen- tenced to two years for rubl>er checking. . Negley' Farson, former Chicago Daily News correspondent, writing series on South Africa for the Lon- don MaiL Julien Duvivier, oft to Alsace to shoot exteriors of 'La Charrette Fan- tome,' wants to give femme lead to Luise Rainer. Eliminations for selection of "Miss Paris 39,' who will represent France at New York World's Fair, held at Ambassadeurs. Maurice Gleize to Tunis to set ex- teriors for his next 'La voi du' Desert,' based on African life of Car- dinal Lavigerie. Jacqueline Delubac engaged by Jeff Musso for top role in 'La Fin d'un Homme,' adapted from Liam O'Flaher^ yam. Antonio Machado, Spanish poet dead at 61 in Collioure, small French village, where he had taken refuge during the Spanish civil war. PittsbDrgh By Hal Caben Jimmy Zummo reorganizing his band. Joe Hiller up after the flu. Ditto Eddie Peyton. John McGreevey and the family off for Sarasota for a few weeks. Ann Corio back at George Jafle's Casino . for her second engagement this season. Ginger Allen, late of the Claire Ray line, now doing a single at the Plaza Cafe. Jimmy Balmer down 35 pounds and has 25 more to go, according to doctor's orders. Trick-pianist Louise Amen home again and !>ticking around briefly for local nitery dates. Billy and Betty Johnson into the Club Petite for their third engage- ment there this year. Tiny Wolf visitinc his parents for a few da^s before rejoining Blue Barron unit in Atlanta. Duquesne Drama . School doing Madeleine Skelly Foust's passion play, 'The Other Kingdom.* Fred Burleigb returning to Coha."!- set Mass., July 3, as co-director of summer SoutH Shore Players. Saul J. Kleinerman, manager of the Roosevelt theatre, and Rae Levy have announced their engagement Larry Anhalf in ahead of "The Women' and Phil Stevenson here drum-beating 'Knickerbocker Holi- day.' Oscar Deutsch in St. Moritz, Switz- erland, for fortnight. Hal Yates to Copenhagen, Holland, Belgium and Norway. Harry Foster, Val Parnell and Jack Hylton recovering from flu. David Rose considering Oliver Wakefield for 'French Without Tears.* Boris Mbrros, over from Paris, hit London for one day,- then back to New York. ' Archie Parnell and Alfred Zeitlin have split after an association of over . 13 years. Mac West turned down offer to' opo.i at the London Ciisino March 2 for the Tiew manascment.' Calgary Bros, at the Adelphi, the first date they ever played for George Blcck and Val Parnell. Maurice Ostrer no longer assistant managing director of Gaumont-Brit- ish. although he's sUll a. director. 'March of the Movies,* an outline of film history, a comoilation of old silents, goes into the Plaza March 19. Naunton Wayne opens in Henry Sherek*s new Dorchester hotel floor show April 19,' replacing 'Vic Oliver. Senator Murphy, who*s gone to New York, then goes to Los Angeles. Booked to play Australia, opening in Melbourne May 1. Gaudsmith Bros, to the ABC, Paris, for three weeks, turning down English work. Tliey're due to play America for the Loew circuit Next Palladium show, which will be done in September, will have a takeoff of . Major Bowes' amateur hour, 'With Bud Flanagan playing the major's part. Bo Brummels may go into the new CSorcrEsdaile London Casino show, which, opens there shortly, and which Pierre Sandrini and Jacques Charles are producing. The Cambridge theatre won't house any permanent shows throughout this year. Theatre will house film trade shows, special concerts, tyro performances and. the like. Harold Conway, drama editor . of the Daily Mail, retiring shortly to as- sociate himself with the publicity of- fice of Macaueen Pope. Will be suc- ceeded by Ernest Belts on the Mail. Buster Shaver celebrates his birthday and also his 11th annlver- sary with Olive and George Brasno, the midgets, who were presented to him by Irving Tishman 11 years ago in Toronto. Gabriel Pascal's proposed filming of Shaw's 'The Doctor's Dilemma* includes Roland Young, Ralph Rich- ardson, C. Aubrey . Smith, Paul Lukas, Greer Garson and Sir Cedric Hardwicke. With an enlarged membership of 7.000, the Unity Club has taken a three-month lease, with option, of the Kiogsway theatre, but wUl re- tain its other house, which it has conducted as a private theafre for uncensored plays and tryouts. After opening at Brighton In George Black's' revue, 'Black and Blue,* Sally Keith was pulled out: Black feared her attire, which is es- sential to her act, would not appeal to the clientele at the Hippodrome, where the- show opened 'Wednesday (8). own theatre in nearby Media March 26 to do a benefit here. Jacqueline Susan, member of Jack Lynch's Glamour Girls, engaged to marry a New York publicist BiU Dyer off on a 7,000-mile auto trip to cover the big league camps for his ]yCAU sports airhig. , Mary Louise Maloney named to succeed Sylvia Lenson as assistant in the WFIL press department Kmar, astrologer, formerly at the Arcadia-International and Benny the Bum's, has opened his own studios here. John Fcrro, former manager of the now-dosed Arcadia-Interna- tional, new maitre -de-hotel at Benny the Bum's. S::m Sax, WB shorts production head, in town to aid in selection of talent for the Phllly Dally News- WB contest. Mesdames Louis Davidoff, Ben Fo gelman. Jack Flynn, Ben Biben and Karry Biben to be honored at a Va- riety- Club luncheon. Annual Temple U. show wUl be 'Crown and Garter,' authored by two members of faculty, Beaumont Bruestle and Charles Swier. Moe Verbin and Charley Goldfine circulating a petition to have 'Harry the Mountle,*^ fraffic stalwart re- turned to his former post in the film sector. SL Lonis By Sam X. Hurst By Les Recs Larry Kline, RKO office manager, has flu. Merle Potter. Journal film editor, back from Hollywood. 'Ice Follies of 1939,* scheduled for the Arena March 17-26. Margaret Riegert and Beatrice Vertelney, of WB ■ offlce staff, have flu. Louis Prima gave special Sunday matinee Swing Concert at Hotel L.owry. Minneapolis office in first place in its district which is on top in WB Sears' drive. Casper Choinard, UA salesman, out of commission three- weeks be- cause of illness. Henry Kaufman, Columbia home offlce branch operations' general manager, a visitor. Lyle Carisch, indie exhibitor, back from Sun 'Valley, Idaho, where he went for skiing. Paramount shot ice races and win- ter carnival in Twih Cities for Grantland Rice reel. Stanley Neal, National Screen home offlce rep. back to New York after completing assignment here. By Herb Golden Joe Leon sporting a Miami-brand Ian. Morris Wax back at the Royal after Florida. Joe Farrow, M-G office manager, off to Florida Warner Club tops in commercial bowling league: Showmen's Club aiming to get its own liquor license. Warner's Dave Weshner has joined the film colony in Miami. Milt Shapiro and Sam Bushman have dissolved their partnership. Bryant Washburn in to select local boy and gal for RKO -Gateway to Hollywood show. Hedgerow players will, leave their Earl Stout, owner-operator of the Uptown theafre, Cairo, ' 111, - near here, in the hospital. Al Sarli and his KWK prchesfra and Covita Bunch, songbird, at For- est Park hotel nitery. Artur Rubenstein made his second annual appearance as guest soloist with St Louis Symph last week. . Burton Holmes' lecture on Norway attracted banner crowd at Munidpu Auditorium, take approximating $2,000. Ed Leach, who produced floor shows while manager at York hotel, has become assistant manager a: Marquette hotel. Drive for $150,000 maintenance fund for St Louis Symph has reached $95,000 and will be con- tinued until April 1.. Joe' Sarfarty, Universal salesman, back on job, almost completely re- covered .'from injuries suffered in auto accident several months ago. Richard Tauber will be guest sO' loist with the St. Louis Symph at its annual pension concert Sunday (19). Vladimir Golschmann will di rect Ray Colvin, head of the Exhibitors Supply Co., and Johnny Walsh, indie film distrib, will repre.sent local Va- riety Club at national conclave in Detroit next month. Harold Bassage, director of Little theatre group, will spend next sum- mer at the Casino theatte, Newport, R. I., where he will join Agnes Mor- §an in launching a school for ramatic fralning. Mischa Elman will concert in the opera house of -the Municipal Audi- torium March 25 for benefit of (Ger- man refugees. A non-sectarian com- mittee headed by. J. Lionberger David, Rev. William H. Huelsman and Aaron S. Rauh handling details. By Eric Gorrick Stage presentations coming back. Extensile alterations have been made to Snider-Dean's Mayfair. One of the most rejected of U.S pix is 'Warners* 'Boy Meets Girl.' Clarence Stumbles, exec of King's Theatres, killed in an airplane crash. 'The Mikado' (GB) looked by Greater Union for run in Sydney following 'Pygmalion' (GB). Understood that some indie man- ageiiiente will try to revive vaude in the nabes of Queensland with home talent. Trouble may arise, in Victoria in connection with Hoyts movie quiz. Part of the industry claims the quiz is simply a giveaway racket. Charles Munro, director of .Hoyts, became a grandpop recently. Daugh- ter is the wife of Cllve Ogilvy, an exec of the Macquarie Broadcasting network. 'Idiot's Delight* got away to a good start in Melbourne for Australian- New Zealand Theatres. Henry Mol- lison, Lina Basquette and Frank Harvey have the leading roles. Although still deeply interested in the leeit biz of Au.stralian-Ncw Zea- land Theatres, it's said that Stanley Crick, former 20th-Fox bo.ss, . would like to return to the picture game. Believed that National Studios will again attempt a top production start with the return of Sir Hugh Deni- .srn and Sir Sam Waldcr from abroad. Fred Daniclls will be in charge. . Acts "flaying here at present in- clude Ada Browne, Radcliffe and Rogers, Medley and Dupree, Pinkie Lee: Ted Claire, Borello and Miml, Jimmy Hadreas, Fox and Evans, Lilv Moore, Barbara Blane, Larry Adler, Adrlana Caselottl, Osaki and Taki. Nelson and Knight, O'Donnell i and Blair, Large. and Morgner, Helen IHonan. Sylvia and Clemence, Lam- jpini, George Downey, Radium Hu- I manettes and Sylvia Sefton, , Hollywood Sidney Howard around. Lew Seller home with fiu. Hobart Bpsworth still sick. . Paul Jones laid up with fiu. Scott R. Dunlap a flu sufferer. Alan Mowbray down with flu. Arthur Stebbins bedded by flu. Robert Gillham. to Kansas City. George O'Brien back from Texas. Mary Astor back from Broadway. Abe Lastfogel in from New York. Elliott Nugent back from Broad- way. Jan Rubini divorced by Adele Crane. Jack Mulcahy vacationing In Mex- ico City. Billie 'Burke to hospital with foot fracture. Betty Pagel joined Republic's cast- ing staff. Myrna Loy recovered from throat infection. William A. Brady here looking over talent WIni Byrd recovering from ap- pendectomy. Hugo Butler bought San Fernando valley ranch. J. E. Jeffries in from Calgary to lamp studios. I^araine Johnson's nom de film is Laraine Day. John 'Skins' Miller around after serious illness. Richard Parker's new film name is Roger Haliday. William Keighley readying round- the-world cruise. Fred Datig back from two-week siesta in Arizona. Anne Morgan in from Manhattan to gander studios. Fred Brisson in from London to . survey talent field. ' Jack Cummings back from three weeks on Broadway. The Fritz Leibers celebrated 2eth wedding anniversary. Bill Heath upped to head of test department «t 20th-Fox. Charles ((^ly) Doyle in from Pittsbiirgh to ogle studios. Bud Lollier to Sacramento to ogle bills affecting film industry. ' George H. Pinckard here from London to inspect picture biz. Marlene Diefricn passed her final test for American citizenship. Norman Manning named executive, rep of Hollywood Turf Club. . Frank Morgan celebrated his 25th years as an actor and husband. Charlotte Buford and Donald K. Llbennan flled notice of intent to wed. William Powell checked in at Mefro for the flrst time since his re- cent illness. Victor Jory and Jean Inness again directing the outdoor 'Ramona' play, at nearby Hemet Max Stelner talked about pictur* scoring before 2,500 members of California Federated Music -clubs. Janos Vaszary to Paris. Sari Fedak down with flu. Otto Indig working on screen scenario of his play, 'Man Under the Bridge,', in Paris. New production firm, Phono Film, at work in Filmiroda studio, shoot- ing 'Money in the Offing,' Bela Belogh directing. Laszlo Vajda, Magyar director, handling 'Sebastopol' at Joinville. Erich von Sfroheim, Jouvet and Madeleine Oseray are featured. Lilian Harvey and Willy Fritsch here doing 'Easy for Men,' German- language picture. Script is by Paul Barabas, and Paul Martin is direct- ing. Laszlo Bekefft with his Podium cabaret company, to tour Holland and possibly Switzerland during the summer. Performances to be in Ger- man. Budapest actre.sses flocking to New York World Fair are Ilona TItkos, Klari Tolnay, Lily Murati, Margit Makay, Hannah Honthy and Blanka Szomgatfaelyi. Ernest Szabrlcs, the stage director who did fine work In musicals, has not been admitted as a member of the Stage Chamber. He's learning to be a magician. Tmre Raday, Sandor Rott Bela Salamon, Rosle Barsony. Oscar Denes have contracts for Holland. Unsc- cepted by the Chamber of Actors, thiey consequently can't play In Hun- gary after the end of the current season. Chicago Bill Green has joined the Bally- hooers. Peggy Fears holding over at the Colony, . Phil Dooley readying another swing session at the Palmer House. Henry Kaufman n'oy add commer- cial film production to his present recording operations Blackstone battling a tough cold. Actually caught it from the horse he uses in the magic tiirn. Aaron Jones, Jr., back from Flor- ida, but the elder Jones is remain- ng in the south until May. Dixie Dun'bar on a quick trip to Atlanta to visit niother before re- joining 'Hollywood Californians' unit' on tour. 54 VARIETY Wednesday, March 15, 1939 OBITUARIES □ HABBT WEBEB HariT Weber, 69, partner in the CoUler-Weber-Todd agency In Hol- Ijrwood, and previously one of the major vaudeville agents in the east, died on the Coast March 8. Weber about 15 years ago was one of the first of the big-time (Keith) eastern vaudeville agents to heed the caU of California and pictures. His eastern agency biz continued under the direction of his brother, Herman. In 1931, in what waa then the largest agency deal in record, the Weber-Slmon agency was formed in New York, with the Simon Bros., for years among the top Midwest agents. This combine was dissolved tour years ago, when Weber dropped all eastern interests, with his brother eventually coming west The Colller-Weber-Todd agency was then formed. For the past two years Weber had not been active as of yore, due to illness. Surviving are his widow, two daughters, one of them Mrs. Ray Milland, and a son. GLADYS FBAZIN BANKS Mrs. Gladys Frazin Banks, 38, for- mer actress and divorced wife of Monty Banks, associate producer of 20th-Fox in England, was a suicide last Thursday (9) when she leaped to her death from her parents' New York apartment A note left by Mrs. Banks attributed her act to con stant BuiTering which she bad en dured since sustaining a nervous breakdown recently. Actress on both stage and screen, she appeared on Broadway in "The Whole Town's Talking,' 'Marked Woman' and "The Trial of Mary Dugan,' but was best known for her performance as Tondeleyo in "White Cargo.' Married four times, she was secretly wed to Banks, her fourth husband, in Hoboken in 1929. He sued for divorce three years later, A brother, Al Frazin, Madison Square Garden announcer, her par' ents and a son, Louis Lowensteln, 19, by her first husband, survive, FRANK V. STOBBS Frank V. Storrs, founder of the New York Theatre Program Corp, and associate for years of Walter Beade, New York and New Jersey exhibitor, who operates a circuit of 34 theatres, died Of. a heart attack in West Palm Beach March .8. At 18 he came to N. Y. from his birthplace, Columbus, O., and 'estab- lished a theatre program service which today serves practically all of N. Y.'s legit houses. He also was an important figure in the poster and . lithographing field, having organized the Lehigh Valley Poster Co. and the Camden Outdoor Advertising Co. among others. Later he owned sev- eral Broadway theatres and hadi nu- merous other holdings in N. Y.'s the- atre district He was understood to have financed construction of most of the new buildings undertaken re- cently by the Reade circuit He leaves bis widow, two daughters and three sisters. before Joining United Detroit thea- tres (Par) as manager of its Rose- dale, which he piloted uhtU recenUy. In 1928 he was president of the Theatre Managers Assn. of Michigan. Survived by widow. Ticket Code (Continued from page 49) Alien-' Picture Market (Continued from page 14) miums would be charged.- If that's done by the manager, however, half of any coin obtained over the m- • faults and feebleness, are apt to be tabllshed price is payable to the | supported by governmental action. THOMAS BECKMAN Thomas Beckman, 47, circus aerial- ist, formerly of the Flyhig Beck- mans, died in St Louis last week, apparently of heart disease, whUe conducting practice of aerial per- formers at a WPA center in Quincy, m. Beckman had been in show biz since he was 16. The Flying Beck- mans included himself his brothers, Ed and William and the letter's wife, Ledore. Thomas Beckman retired from active chxus performances In 1937 and had recently directed tiie Bedonan troupe of femme aierlalists. ABTHUB E. QODFBET Arthur B. Godfrey, 70, for years orchestra leader at the Alhambra, Glasgow, died in London Feb. 23 of pneumonia. He retired from the Al- hambra job and moved to London several years ago to become a church organist which had been his orig- inal metier. Survived by widow, son and daughter. GHABLES COHEN Charles Cohen, for years identified with carnivals and fairs through eastern Canada and Maine, was burned to death in a fire which took 28 lives and destroyed the Queen hotel. Halifax. N. S., March .2. He was not given up for dead un- til March 7. Identification of the bodies was Impossible. HABBT EBNEST DAVISON Harry Ernest Davison, 31, a legit player, died March 2 in a Youngs town,' O, sanatorium. He was in San Francisco recently for an engage- ment when he became' ill and re- turned home. His parents, a sister and brother survive. BBND BABE Ernie Hare, 65,' of radio's pioneer ing team of Jones and Hare, died of bronchial pneumonia in the Queens .Cieneral hospital, N. Y., March 1939. Detailed story is contained in the radio section. VICTOR BABAVALLE Victor Baravalle, 53, - for years musical conductor for Broadway shows before going to Hollywood, died March 11 in his suburban Brentwood home after a lingering illness. ' Deceased had -been musical direc- tor for Charles P. Dillirigham, the Shuberts and Ziegfeld shows, in- cluding 'Sally,' 'Whoopee,' 'Rio Rita,' •FoUies,' 'MayUme,' 'Hit the Deck,' •Street Girl,' "The Cuckoos,' and •Dixlana.' He went to the Coast 10 years ago under contract tO RKO, where he headed the music department Out- side film music jobs were 'King of Burlesque,' at 20th-Fox, and 'Show- boat' at Universal. He then handled music for three Astalre-Rogers pic- tures and was working on The Castles' when his illness became critical. Widow, two sons and a daughter survive. CHARLES W. PORTER CHiarles W. Porter, 70, long identi- fied with Michigan theatres, died March 7 in a Detroit hospital after a year's illness. Porter played in stock with Smith & Draper's production of 'Uncle Tom's Cabin' and in his early 20's joined Felix and Eva Vincent in stodc productions touring the west He dlso produced several .musicals. Going to Detroit in-191pr-he -first managed the old Miles theatre and subsequently became manager of the Majestic, Regent and Forest houses ' can tour, JOHN C. STADLEB, JB. John C. Stadlerr Jr., 32, an execu- tive of the Canadian Broadcasting Co. (government) 'was killed in an aeroplane crash March 8, near I,ake St John, Quebec. Details in radio section. jmMT DUFFY James (Jimmy) Duffy, about 60, formerly of the vaudevUle team of Duffy and Sweeney, was found dead on 47th street near 8th avenue. New York, Friday (10). Details in vaudeville section. ROBERT L. HAGUE Robert L. Hague, 59, prominent in the Lambs club, died in New York, March 8, of heart failure. Details in legit section. Government under the admissions tax law, James F. Reilly, executive secre- tary of the "League, testified to ob- lectlons made by the Theatrical Managers, Agents and Treasurers inion, which complained that its box- office members were l>eing spied on. That followed attempts to investi- gate complaints of overcharging filed with the League. Reilly said the unioii threatened to strike un- less it was consulted on Investigation methods. TMAT Offered to Aid Reilly said that •practically' no check on the activities of agency people had been made since Jan. 1, althougli the League has received complaints. He stated TMAT had -offered to cooperate with the XjCague on the code "under certain circum- stances.' He added that while the proposal has been considered, it has not been decided whether to make such a tieup with the union. . Reilly denied that any meraiber of the League told ticket-brokers they would be forced to sign the code or go out of bushiess. He agreed tiiat they had not formally been made aware of the code until after It was sealed by the League and Equity, and that the brokers were given to un- derstand that they would not be perr mitted to.do business with agencies that were not accredited or, in other words, non-signatories to the code, Lea^e official said that $12,792 had been collected from brokers on the ticket levy, of which $6,400 had been ^nt by shoppers employed to check on violations, for legal services (the major item) and other outlays, Including the purchase of tickets from agencies suspected of boot- legging. Stated that about $6,000 is currently owed the League by the agencies, some of which are holding out awaiting the outcome of the Acme action. It was brought out that during an average week the agencies sell 25,600 tickets out of a possible 256,000 'Which this winter has been the average total capacity of legit theatres during a six-day period. Brokers, therefore, distribute 10% of edacity, but actually deliver be- tween 25 to 40% Of the gross because most of the tickets they handle are for first-floor locations. Taking figures on the ticket levy, supplied by Reilly, it was figured that the collection would approxi- mate $27,000 annually, and since, at the rate of spending to date, only $9,500 would be used, the Vhe. pay- ment was excessive. Stated that it had been unofficially agreed with the brokers that the levy would be re- duced if it was found to be too much. The League officer also estimated that the public has saved $175,000 during the six months the code has been in (^ration. . Father and. mother of .Charles'In glis, news and sportscaster of KL!^ Denver, died within a few days of each other last week in that city. Cause of father's death was pneu- monia, while Mrs. Inglis failed to re- cover from an operation. Besides Charles, a brother, Horace, Denver musician, survives. David Warner, 45, brother of Harry, Jack and Major Albert War ner, died of sleeping sickness in a Boston hospital March 7. Never ac tlve in the film corporation founded by his brothers, he had suffered more than 2S years with the malady. Sur vivors besides his brothers are daughter and three sisters. Lee B. Smith, 45, a projectionist died in a Sacramento hospital March 10, several hours After he had at tempted suicide with poison. H. Arthnr Teachont, 51, retired stage and film -player, died in Cedar Rapids, la., March. 6. Rabensteln'i So. African Tear Cape Town, Feb. 23. — >Artur -Rubenstein, the .■ concert pianist has been .booked by African Consolidated Theatres for a So. Afrl- MARRIAGES Roberta Black, to Sanford Bamett in Salt Lake City,. March 9. He's a radio Ecrlpter. Sondra Lee to Robert Weaver, in Pittsburgh, March '1. She's singer on WWSW there. Evelyn Edwards to John Hum- phries, in Ventura, Cal,, March 4. Both are readers at RKO. Hemdah Feigenbaum to Harry Zinder. in Jerusalem, Feb. 28. Bride is with the government radio sta- tion, Palestine; he's Variety corre- spondent in Palestine. BIRTHS Mr. and Mrs. Gene Shumate, daughter, March .'. Father 1: sports announcer on KRNT-^IteO, Des Moines; mother is May Floyd Sinex, former Chicago radio player. Mr. and Mrs. Edward Cronenbold, son, in Independence, Mo., March 7. Father is with Texas Rangers at KMBC, Kansas City. . Mr. and Mrs. Eddie Hannan, son. In Santa Monica, March 6. Father is film editor at Metro. Mr. and Mrs. John McCormick, daughter, in Des Moines,' March 6. McCormick is publicity assistant at WHO, Des Moines. Mr. and Mrs. Earle M. Holden, daughter, in Atlanta, March 4. Father is manager of the C^itol, Lucas & Jenkins' vaudfllmer in At- lanta. -Mr,.and-Mrs. William > Wellman, dau^ter,.in Hollywood, March 13. Father Is Paramount producer and director. Foreign restrictions on American pictures in 1936 assumed varied, but generally vexatious and embarrass- ing forms. In certain countries, quota systems are entrenched, and that troublesome system shows a tendency to spread. Taxes on mo- tion picture ousiness is usually high, and the trend is unmistakably up- ward. 'Racial' theories and cam- paigns contihue here and there' to bring difficulties which are not easy to deal with. Foreign exchange con- trols and censorship were continu- ing problems during 1938, though there have been few startling altera- tions in those fields. Frosen Oat by Nails The Hitler putsches froze Ameri- can films out of approximately 1,100 houses in Middle Europe, the report said. Restrictive trend is strong in countries which are toadying to the Nazis. -There's some relief, in what remains of Czechoslovakia under the agreement which the U.S. negotiated, supplementing the general Yankee bargaining trade treaty, last spring. Consular reports were not all gloomy, however, while restraints are disheartening and the outlook in some directions is black, Ciolden said the European market for Amer- ican films is far from being lost' Important vents for the U. S. prod- uct include England and France, re- gardless of their upsetting policies and laws, along with Belgium, Den-^ mark, the Netherlands, Finland, Nor- way, Sweden and Poland. Fertile Latin-Amerloan Market . In accordance with general U. S. policies and the good-neighbor thought Crolden suggested cultiva- tion of the Latin-American market as a means of counteracting the lost trade in Europe. Other republics of the Western Hemisphere have 6,239 potential customers, with new coU' structlon gaining speed. American producers, he said, are beginning to appreciate the possibility of building up the Latin-American trade, 'Economically, it would be imwlse for our companies to encourage pro- duction in South American coun- tries,' the government, expert ad- vised. 'However, American com- panies should produce in Hollywood Spanish-dialog films employing stage favorites brought from South Amer- ica and placed in a Hollywood set- ting, with the use of reconstructed sets and Hollywood technique. 'In this manner, production costs can be kept pt a minimum, and pro- ducers will have Spanish-language films available to carry their other American product which is now be- ing frequently shoved into the back- ground by Spanish-speaking produc- tions from Mexico and the Argen- tine. 'A case in point is the drop in the showing of American films in Peru from 70% of the total in 1937 to 49% in 1938, which is attributed primari- ly to the augmented number of Spanish-dialog pictures from Mexico, Argentina, and Peru itself. Although none of these films approached the quality and standard of our Ameri- can films, they helped to consume playing time that might otherwise have been obtained by American films.' Worries in the Western . Hemi- sphere are chiefiy over the Argen- tine situation, although Guatemala has tilted the shake on exhibs. Golden refiected alarm about the legislation pending at Buenos Aires,' which would -encourage a domestic industry and create censorship. Foreign ProdnoUon SInmpa Foreign production slumped In 1938, the report brought out. There were only 1,706 alien features, com- pared with 1,809 in 1937. Leaders were the Far ]^t and Near East, with Japan on top by virtue of a turnout of 575 films. European out- put was sharply off, chiefly due to the drop in England. All European nations produced 609 features. Figures for other countries are: Orient— Philippines, 67; India, 200; Hong Kong, 53; China, 33; Egypt, 16; Siam, 10; Australia, eight; Chosen and Formosa, two each; New Zea- land, one. Latin 'America— Mexico, 60; Ar- gentina, 50; Peru, 11; Brazil, four; (?uba and Uruguay, two each; Vetae zuela, one. Total output bounced from 90 in 1937 to 130 last year, Europe — Germany, 137; France, 122; . England, 85; Russia,- 51;- Italy, 47; Czechoslovakia, 41; Sweden, 30; Hungary, 26; Poland, 25; Finland, 20; yenmark, nine; Norway, four; Tur key, Belgium and Portugal, .three each; the Netherlands, two, and Switzerland, one. '39-'4» Ontlook The film industry generally is in- terested presently in what the out- look is for next year in the foreign field. Summary of the situation made this week indicates that the revenue from foreign nations will be similar to. that of 1938— no decline and no material increase. Bright spots, as compared with 1938, are Japan and Spain. Complete loss of Italy will cut out a sizeable' market, and the returns from China perhaps will be less. However, the latter has been minor market ever since the Sino- Japanese conflict started, so Uia change there will not bs appreciable. Portions of South America loom as trouble zones for the year, possibility of restrictions aimed at U. S. com- panies being deemed likely. Japan is. a better source of busi- ness this year. A year ago no new pictures Were permitted to enter, but this impasse was broken late in 1938. Rotating Stock (Continued from page 50) tial payment of $500 was tendered but the check failed to clear. Denver, March 14. After traveling 125,000 mll^ through the U. S. and Canada, 100,- 000 of them by plane, Arthur M.' Oberfelder, has brought back with him contracts calling for the road- showing of four productions to be sold on a season as well as a single- ticket basis. Contracts in 32 cities have been signed with Oberfelder by varied local organizations. Contracts in other cities are pending. The circuit will operate out of New. York as the Legitimate Theatre Corp., with Fortune Gallo, as gen- eral manager and director. Ober- Jelder plans to. start the first season "El Ctetober" with Eva LeiJallienne in either 'Hedda Gabler' or 'The Mas-' ter Builder,' to be followed by 'Gold- en Boy,' 'On IBorrowed Time' and 'What a Life.' 01>erfelder says as far as possible the origin^ N. Y. casts will.be used. Play on Broadway FAMILY PORTRAIT (Continued from page 50) peters. Through the windows in the distance are the hills of Calvary, with faint simulation of crosses. There is a lapse after the cruci- fixion. Years have passed and • granddaughter is to wed. - Accord- mg to the fashion, she has 1>een - matched by a 'fixer.' But Mary would tell of .what has gone before, why Jesus was put upon the cross. The youth's father and those with him had never even heard of her son, nor the punislunent-the family of Jesus had kept secret. Cheryl Crawford, principally con- cerned with the presentation, last season offered 'All the Living,' which also touched closely the fam- ily skeletons of average families. In clioosine 'Portrait' she again demon- strates, her flair for the unusual If the new play does not dick, indica- tions are that Miss Crawford will ultimately land a winner. ' Sincerity of Judith Anderson's Mary is one of the fine things In 'Portrait' She is not sure of her favorite son's mission, but knows he has done no wrong. Late In the play the Magdalene enters, played by Margaret Webster, who staged the drama. The brothers believed her to be a wanton, but Mary thought her a fine character. The play is well produced and the lighting is effective. Several scenes are moving, but somehow the story seems to be from hearsay, for, ac- cording to records the teachings of Christ were not disseminated for hundreds of years after his passing. Some — ^but not aU— of the charac- ters are there for those who are versed in the lore of Jesus, including the Iscariot who, curiously, is not so billed. . Looks like a difference of opinion -will eventuate among the. pious if enough attend the perform- ance. Jbee. Hacker as Exporter Recently leaving Republic, where he was assistant to Morris Goodman, v.p. over foreign distribution, Sam Hacker is -branching- out- on- his own.' • He has opened offices in New York for exportation of film to all parti of the foreign market FORUMS-OUTDOORS VARIETY n N. Y. Fair Siiddedy Swttdies From Vimiiary to Piractiad Showma Several tnergetle movei, designed to whip thtt amusement zone at the New York WorU's Fair into ihape. last week plainly Indicated that this portion of the espoaitlOB Is under- eoing a metamorphosifl from vision- ary plans to practical sbowmandip, witl) action and boxoffice held iore- most In mind. New men were called ]n to straighten out tan^, the fair decided to do its own financin g to help struggling conoesslcmaires un-' able to meet hareb. exposition stipulations^ and several additional 'nam^ shows loom on the horizon. Principal attention focused on Paul Sheridan's Living Modds show and the possibili^ that Hairy Bidi- man would back a "Streets to Paris' show. Both were rated splendid chances of being classed as top femme attractions likely to become popular draws. Sheridan's model show, being brought along quietly, looms as a dark horse entry, with exposition men admitting it might flll a void if Sally Rand fails to come to N. Y. Richman is reputed hot on a deal to set iip a 'Streets of Paris' show. Such an. exposition exhibit might give the operators plenty of oppor- tunity to play around with nudity and spicy dancing attractions. Wild West Shew ReallMtion by fair oCCidals that the N. Y. show needs additional at- tractions was seen In the hurried trip , of Vincent Pache, comptroller of the exposition, to Florida where be conferred with John Ringling North. Result is that Ringling has signatured for the celebrated Plot T space in the amusement area, long regarded as the white elephant of the zone. He will bring in a wUd west show, with cowboy-Indian stunts to be given briefly four times daily. Show will be at the extreme south end of the amusement section. Fair is reputed to have put $750,000 into the project, which includes a 7,000- seat amphitheatre, in order to get Ringling into the proposition. No- body previously would take the Plot T space. Paul Massman, who was with the fair organization until about a year ago, has been re-hired to straighten out the amusement zone. He has taken a leave of ab sence from National Broadcasting Co., where he has been as a saleS' man since leaving the concession- aire .exhibit division of the exposi tion. Mr:ssman is a veteran exhibit man, having I>een at Chicago's Cen tury of Progress, Dallas and San Diego, Associated with him is Bob Cook, who was with the Chicago fair organization. Exposition also is trying to get Al Gonsior, an engineering expert. In an effort to swing construction into shape on the amusement zone site. Besides earning the rep of putting up the Cleveland iair in 85 days, Gonsior did the engineering of the amusement zone of the Chicago expo. In New York, he has been manager for Ballantine's three-ring restaurant enterprise and consultant for Billy Rose at Use fair. Ballan tine opens its first of three restaU' rants, a cafe-bar, this week. Construction work at the exposi tion continues to drag, .this being due both to failure to definitely set certain exhibits, and also is reputed to result from lack of coin from others already set on pacts. Syndl cate that was to have been formed by New York financial men is defi- nitely off. Result is that the fair will .finance certain shows, Midway Shows IndeBnlte Fair claims 37 shows, rides and villages, but new ones have come in so fast and others, have been dropped so rapidly in recent weeks that no definite lineup probably will be available, until nearly April 1, less than 30 days before the exposi- tion opens. Realizing the importance of having a complete amusement zone and name draws when the fair opens its gates, every move from now on figures to be based on prac- tical showmanship and action. This is the reason for recent realign raents. The music department is back again. on the fair grounds after the exposition apparently had decided on leasing the Siuslc Hall for a giant cabaret-music baU with name bands. Signature of Music Corp. of America was hardly dry before beefs from the .general direction of the advisory committee arose. Mrs. Vincent As- . tor, chairman of the advisory com' mittee, threatened to resign her post, and the fair decided suddenly Quiet, Please! N.Y. World's Fair is to be a si- lent one. In the parlance of ex- position oCBcials. The board, which handles loud speakers on the exposition grounds, has de- creed that there will be no loud- speaker system indde the fair groimds, only at the main en- trance gates. All recent expositions have employed loud-qieakei' systems throu^out the fair groimds, us- ing tiiem to entertain visitors with music and to inform them of new develoiMnents at the show. FORfARlMeWAY Construction on George Jessel's 'LitUe Old New York,' on the New York World's Fair midway, will get under way this week. Concession will occupy three acres and contain various types of shows, including burlesque. • Deal looked cold last week, when Jessel's original backers stepped out, but the expo itself arranged new financing. Jessel will be in com' plete charge, having come up from Palm Beach Monday (13) to iron out the final details. ' Cost of 'Old N. Y.' Is estimated at $350,000. Ex-Fanner Plans One Ring Motorized Circos Akron, March 14. A new one-ring motorized circus Is ' being organized here by W. M. (Bill) Meyers, part owner of the 'Honest Bill's Combined Shows,' to take the road early in April. No title has been decided for the new show, according to Meyers, who re- vealed that the outfit will move on 10 or 12 trucks. Meyers, a newcomer to the out- door show world, became interested in the circus when the Newton Bros. Circus folded last fall at nearby Wil- loughby, and stored much of its equipment in his barns here. Later Meyers invested in the Newton show, which was reorganized on a smaller scale and continued on a tour of the south. Meyers says the new show will have a personnel of about 60 people. WHAT THEY THINK BEEIGAN'S 3-WEEE EUASD Cleveland, March 14. Bunny Berigan's outfit is becom- ing house band for Trianon Ballroom Easter Sunday for three weeks, dur- ing which it wiU be given three weekly broadcasts over WHK in ad- dition to two Mutual feeds. Gene 'Erwin's crew also set by MCA for two. month's in Cleveland Hotel's Little Cafe, starting March 16. Henry Patrick's Own Band Philadelphia, March 14. Henry Patrick, radio warbler and m.c. at Viking Cafe, leaves latter spot Friday (17) to front his owh band. Crew opens Saturday at the Down- beat, swing parlor, here. to bring music back to the exposi- tion. At least, that is the story given in fair circles as the reason for the complete about-face. The fair never signed the pact with MCA, so the deal fell through. The Music Hall originally was set for music and then for legit show revivals. Fair association, which built tlie Music Hall at a cost of several hundred thousand dollars (claimed to have been earmarked for amusement zone spending), now has put $200,000 into a revolving fund to make a music week or music festival possible for the first few weeks, at least Just who will fi- nance the music program after that remains a moot question, Originally it was planned to use canned music over the loud speaker system for musical backgrounds to the. elaborate fountain display in the lagoon. Now it seems certain that live music will'-be' eWployed. Deretiiy Fnucb 8«U AcMve New York. Editor, Vabietv: May I call your attention to a paragraph in your March 8 issue concerning Dorothy Francis' inter- est in Tamily Portrait' It Is per- fectly triie that. Miss Francis joined Miss Crawford, Mr. Tutfle and my- self in the venture .and she is proud to go on record as one of those who. saw the beauty and importance of the play. But her career in the theatre has been . somewhat different from your summation of it Not only did she come to Broadway from leading roles in the CSiicago Opera C^. and the French Opera in New Orleans, but she tlien wait on and played in The Merry Widow' for Henry Savage. She was featured in "Sunny' «nd in 'Crisscross' for Charles B. Dillingham, in "Love Song* for the Shuberts and in 'Rita Coventry* for Brock Pemberton. Recently Miss Francis has ap- peared on the radio, both as an actress and writer, and she has played in the summer at Taipworifa tor the Barnstormers, at Ivoryton, and last summer for Day Tuttle and myself at Westport and Mt Kisco. She turned in a variety of delight- ful performances in 'Tovarich,' 'The Constant Wife' and 'Rain' which at- tracted the customers. In a word, Miss Francis has been and still is actively interested in the theatre in any capacity iii ' which she can' be useful. ■ Richard Sfcinner. .• THAT SEEKS IN ON OUTDOOR BOXOFnCES Philadelphia, March 14. Theatrical Managers, Agents and Treasurers union began this week to make provisions for •members who will be thrown out of work during the summer by closing of legit and other houses. TMAT began con- tacting amusement parks and other outdoor entertainment places with a view to' forcing them to use union men. Local is also preparing to meet Izzy Hirst to get its members in the Troc, hurley house. Sbrine Circus Grosses $42,000 in 6 Mpls. Days Minneapolis, March 14. Shriners* indoor circus at the Au- ditorium grossed $42,000 in six days, with two shows daily. This was sev- eral thousand in excess of last year's takings. The four days' Northwest Golden Glove tournament, sponsored by the Daily Star, grossed $14,096, leaving a net profit of $5,200. Profit set a new all-time high for the event Fri^ Expo In^tartes Economy Dri?6, CnHiiig m M Payroll; Concesh Men Sipiawk Abant B.O. San Francisco, March 14. Officials are slashing payrolls to keep costs within the financial in- take now ^bst attendance at the Golden Gate International Elxposi- tion has slowed down following rush attendant to first few weeks of oper- ation. Upswing is expected to start in May, at which .time the expo will re-hixe nearly 1,000 discharged em- ployees who were on the fair's pay- roll when Treasure Island was first opened. Eddie Cantor's unit, which, closed at the California Auditorium on Treasure Island Thursday night . (10), was the first attraction ^engaged by the expo to perk up attendance. A number of the concessionaires on the Island felt that the eiQiosttion CO; should have presented Cantor in a free show in an effort to get more people to the fair. Exposition brought in George Fischer's 'Folies Bergere' company Friday (10) for a six-week booking in the California Auditorium .on the isle at a' reported guarantee of $12,500 weekly. Show has already proved a standout draw, biz the opening three days at 7Sc top being virtually capacity. In an effort to lure biz, the word got round to see "Bergere' before the censors got busy and clamped down. Auditorium was mobbed as a result Fair officials want, desperately to make the expo a success, and one of the first things they Intend to do Is pep up the Gayway and to pu.t .in some more night dine and dance spots. As it is now, except on the bay way, things are pretty dead after 10 o'clock, when the exhibit halls close. Frederick Weddletown, whose resignation as concessions director caused numerous rumors, - has been replaced by Mel Smith, formerly in charge of the service department. Chief director Harris Connick, about whom there has been talk of 'reslg' -nation,' definitely remains in the pic ture. Connick will now directly control the Concessions department Ray Maxwell, formerly employed in concessions, now has charge of all the restaurants and other food dispensaries on Treasure Island. High prices of food at the fair were investigated and most of the restau- rants are now ' charging nominal prices. Eating facilities have been increased so that now 64,000 can eat at one time. Weather Soars Fate and the weatherman smiled on the exposition up until about 10 days ago,, when cold and rain set In. Since then there has been quite a let-down in attendance. Weekly gate will have to be 414,000 if the antlcl- flamid, Once an Acrobat There, Buys N. J. Fair s Trentoo Hant Trenton, March 14. Sale of the New Jersey Interstate Fair Association plant equipment to George A. Hamid, amusement pro- moter was announced today (Tues- day) by General Mahlon R. Mar- gerum. Association's secretary-treas- urer, Hamid has been operating the fair for the past several years under a lease arrangement He plans to continue staging the an- nual Fall exhibition and later is ex- pected to develop the 125 acres on the outskirts of Trenton as^ amuse, ment park. Negotiations for the sale of the property have been in progress since last January. Price was not dis- closedl but was reported to provide a dividend on the $135,000 worth of stock outstanding after meeting all other ' obligations. It Is a term ar- rangement and the association will continue in existence until all de- tails of the deal are completed. Possibility of using the association track for horse racing with pari- mutuel betting, if the proposed con- stitutional amendment to legalize gambling is approved by the voters at the June 20 referendum, has been discussed for some time. Hamid per- formed as a tumbler at the Trenton fair 30 years ago when a member of troupe of gymnasts George Hamiil Behind New N. C. Amnse. Park Charlotte, N. C, March 14. Plans for construction of a $100,- 000 amusement park near here went ahead when officials of the Southern States Exposition, Inc., met here to file a deed to the property and begin lajring out buildings and grounds. Heading the group is George A. Hamid, who is one of the principal backers of the exposition, which bought equipment and assets of the local fair association recently for the purpose of putting on a fair here in October. Tliey plan a grandstand to seat 5,000. The exhibit halls will be built of fabricated steel. Also to be included in the layout will be a swimming pool and skating rink. PAIK SPBHrOS COSTEST Palm Springs, March 14.' First annual bathing beauty con- test is slated at this resort March 26 by Jack Melvin and Dick Pritchard, with preliminaries to be . held (17) at Ocean Park. Winner of Palm Springs finals gets the title, 'Miss Desert Queen,' and a. tirand National picture contract pated 20/)00,000 figure is to be reached for the 288-day run of the fair. Although some of the local business- men are complaining about fair trade not holding iip to expectations the major hotels were 90% flUed last week, and the li:t of visitors in- cluded notables from many parts of the world. In an effort to get more family trade, the exposition has announced seven 'dime days' for children under 12. The concessionaires have been clamoring for special 5c. admissions for kids for any show on the Gay- way. 'Day Dreams' is starting to attract some attention on the Gayway now that the thrill-seekers have discov- ered it Three girls work in the show, doing a strip-tease that has anything on the Gayway beet. Use of mirrors gives the impression that more girls are working in the act Although Sally Rand's nuderie has been tamed down somewhat the Ranch is still plenty potent at the b.o. A hu<;e celebration of St Patrick's Day (17) is expected to up fair at- tendance considerably. Louis B. Mayer wOl be guest of honor at a St. Patrick's Day luncheon for 2,500 people on the Island. It will be broadcast over a nation-wide NBC network. At the fair for the lunch- eon will be the entire - cast of the Hardy family, Hedy LaMarr, Robert Young, Miliza Korjus and Judy Gar- land. Biggest draws of the events still to come, each of which is expected to attract its share of visitors to Treasure Island, are President Roose- velt, who will sail to the Coast on a warship, which will be anchored off the Island- during his stay here; the Crown Prince and Princess of Den- mark, Crown 'Prince Olaf and Prin- cess Martha of Norway, the pres- entation of Santa Clara University's tamed Passion Play at the f&ir, and the National Collegiate A.A. sectional basketball championship. PROPOSE 7-lllAN B'D TO OP. RIMT BEACH New London, Conn., March 14. The City Council last week unani- mously voted to ask ibe general as- sembly for permission to name a seven-man board to operate Ocean Beach, proposed public recreation center. The general assembly now has before it a bill empowering the city to Issue $2,500,000 In bonds for the project Previously, following a referen- dum of the voters, the council had adopted a resolution providing for the acquisition of SO acres of land at Ocean Beach. The latter, among the most popular shore resorts of New England, was almost completely wrecked by last September's hurri- cane and tidal wave. Plans call for the construction of a modem bathing pavilion, salt wa- ter swimming pool, to be used as a skating rink in the winter, dance pa- vilion, boardwalk, parking area for 3,600 cars and tennis courts. Cost of the project has been set at $2,150,417. Pic, Radio Talent Hypo Coast's Orange Show San Bernardino, C^l., March 14. National Orange Show is again using Hollywood picture and radio talent to hypo attendance at citrus event getting underway Thursday (16). Already set are King sisters, formerly with Horace Heidt, who have four-day booking, Fibber Mc- Gee, the Gleasons, Kenny Baker, Donald Novis, Betty Grable, Ann Miller and Don Wilson. Outlaw Walkathons Lincoln, March 14. The walkatbon bill, which the film business backed, passed the legisla- ture yesterday (Monday) and goes to governor for signing. It provides 10 days to six months in jail, .^nd $^,00p fine, for staging endurance shows. S6 VARIETY WvSataiijt VUteh IS, 1939 ^^^^ Feb. 11 •tlMlfopalMl Bitttar •# 9«4tni rkytba." Mi.11 J— .N«w«rlclMrftr "Crowds «neiiibl*d tYtry ddy befert l>ex>effie* opened.' WESTERN DETROIT MICH 28 121?P 1939 FEB 28 FlI 12 48 MUSIC CORP 07 )UU5RICA 745 FIFTH AVE BENNY GOODMAN THE KINO, OF SWING IS STILL KING IN DETROIT STOP FRIDAY OPENING A THOUSADD DOLLARS BIGGER THAN LAST YEAR SATURDAY TffELVfi HUNDRED DOLLARS BETTER STOP SUNDAY IN SPITE OF BLIZZARD AND SEVEN INCHES OF SNOW BUSINESS SLIGHTLY UNDER LAST YEAR. WHAT BETTER PROOF CAN YOU ASK OF DETROIT CHOICE REGARDS DAVID M IDZAL. "leiay GeedmoB hot them swln9|"9 *o the Fox box>effiee !■ droves" ntonhB feenny is King, says Time Magcndii*. maith 7 "Gdodmdn made honorary ;nember of Indiana Stdf e Legis- latiure after wild {am session/' ■ ■. ; - ■ -•• -1 ' ■■ I llllinh 7— V«rl«fy.fa««Mp.ltt "Goedmon . ; • piling up smashing gross. House's to- . tal more, than double any other first' run spot." maRh 11 — mhbnr^k Pott ea«tf • 'Pretenders to iiis throne there n|py be, but Benny Goodman Is still the King of Swing. Nobody has touched him yet aiid from the sounds of things at the Stonley, it will be a long time before anybody does. For Mr. Goodman knows not only his clarinet and his medium, but also his music, and he con scorch an audience into a fever of sdvage excitement with his spectacular pied-piping. They were dancing in the aisles yesterday afternoon, literolly so. But Mr. Goodmcpn's swing isn't only for the jitterbugs, it's likewise for the less distraught students of this pe- culiar rhythm form, and for the historians of a . scre¥fy era, too. What's more^ Mr. Goodman, needn't look beyond his own crew for swing's crown princes, Lionel Coconut Grove. Ambassa- Hampton, Jess Stacey and Ziggy Elman to mention dor Hotel. Los Anaeies— . jiist a few of them. They're proof enough that Benny, opening. May 22-6 weeks, the Best, is teacher as well as musician. In Miss Martha Tilton, he has another willing pupil (on the vocal end)." i itttHr WKva TO am vou, each ofhcs a «0Mmn wa m mw ^ WESTERN „_ U1SLU)N.„ 1939 MAR 10 AM 4 09 INDIANAPOLIS IND MUSIC CORP OF AMERICA 745 FIFTH AVE NYK NEITHER RAIN SLEET SNOW NOR SMALLPOX INFLUENZA AND LENT COULD HALT US THIS WEEK WITH BENNY GOODMAN AND HIS. ORCHESTRA STOP ffE HAVE JUST FINISHED CHECKING UP FOR THE WEEK AND ffE FELT YOU OUGHT TO KNOW THAI THE GROSS RANKS HIGH AMONG OUR ALLTIME FIGURES AND INCLUDES A NEW ONE DAY RECORD ON SATURDAY IN SPITE OF UNPRECE- DENTED OBSTACLES STOP IN OUR OPINION II IS A REAL TRIUMPH FOR BENNY GOODMAN'S VALUE AS -A POWERFUL "NAME* AIIRACTION AS A REAUiY ENTERTAINING SHOWMAN WHO PLEASED THE CROWDS AND AS A HARD-WORKING GENTLEMAN W HO MORE THAN COOPERATED ; IN EVERY WAY POSSIBLE TO GET BUSINESS STOP THIS MAY SOUND LIKE AN AD BUI IT HONESTLY EXPRESSES OUR SEHIIMENIS TED NICHOLAS. MANAGER LYRIC THEATRE. Waldorf Astoria Hotel — opening rejturn engage- ment, October 1st, fall season. Camel cigarette oroqrani 9:30 to 10 P.M., Tuesday, Columbia Networks—' coast to coast. Victor Records RADIO SCREEN PRiCE 25^ PabUahid Wnkly at .111 W««t 4*th BtrMt. M*w Tork, N. T- br V«rl»tri Ibo, Annul «ab«orlpUoii. $10. Slncto eopint ii os'ntai Bat«r«d u neoBd-oIon matter December II, IIOS. at th* Poit Oltlc* at New York. N, ionder tbe act et. Uaroh 1, 1I7B. COrXBIOHT, MS», BY TABIBTT. INC. AU BIGBTS BEBEkTXD.. yol. 134 No. 2 NEW YORK, WEDNESDAY, MARCH 22, 1939 64 PAGES Everyone Cut In on Santa Anita s $311381)^ Except John Q. Chump IjOS Anjeles, March 21. Hoss racing joined, films, cltnu, oil •nil cllniate as big bU as tho Ides ot March galloped up to the half-way mark. Glue on the boof rated over $36,000,000 at nearby Santa Anita traci, where the gee-gees came to a ■top alter 64 days of kicking up the turt iFlgure Is slightly under last year, but the meet also was foiu: days shorter. Various records went by the boards, and the suckers are now working on another foolproof sys- tem of beating the nags, which they'll try out (to their sorrow) at Inglewood's Ho^llywood track, the next big bankroll denter. Of the total of $36,386,293 wagered In 54 days of racing this winter, the state took 4%. The track's. cut was 6%, plus the breakage, which is an- other 2%. Big day was March- 4, running of the $100,000 Santa Anita handicap. Both attendance and mutuel records were shattered,- the turnout being 67,000, topping any previous single day crowd by nearly 7,000. Chucked In were $1,701,000, the biggest single day's betting handle in history of the track. ' Single race wagers of $406,994 in 1938 were not approached, but the handle bettered $1,000,000 nine times during the meet Last year the betting mark of (Continued on page 19) Lederer's FJ)JL Pka Expedites Motfaer^s Release from Czecho Hollywood, March 21. Through presidential Intercession. Francis Lederer and his mother will be reunited here after fears had been 'felt by the actor for her safety in Prague. When trouble brewed ■ in the Czech country some weelcs ago Lederer asked immigration officials to speed her departure. Feeling that delay through red tape might defeat the purpose, he appealed to the White House. Iiederer is a strong advocate of peace and the most sought after speaker In the film biz. He has an Important part in Warners' 'Confes- sions of a Nazi Spy,' which is being pushed for release. Shades of the BBC London, March 14. London Philharmonic orchestra, with Sir Thomas Beecham as con- ductor, has gone commercial. It will, starting April 0, broadcast a series of -half-hour programs over Radio Luxembourg under the banner of Beechams' Liver Pills. This is the arst time that serious music of such standing in the con- cert world has had a tieup with Brit- ish advertising. Sir Thomas has made several appearances in the United States and recorded for the Columbia labeL Take the Theatrel A patron In a Bronx film hous* last week f duild hiinselt with the wlnnlng ticket ofi a $1,400 bank nit* prize. When he went up front to col- lect, he found that the theatre owner hbd scrammed with the coin, but first left, the deed to the theatre. ZUKOR IS NOT LEAVING PAR- BALABAN Denying reports that Adolph Zukor, now In London, la resigning from Paramoimt, Barney Balaban last week declared Zukor is return- ing to New York shortly prior to mailing a survey of the foreign situa- tion In Australia and South America. His trip to Australia is declared to be important to view of considerable legislative trouble In that English possession. Zukor, who continues to hold the title of chairman of the board of Par, has covered the entire Conti- nent except for the totalitarian states, and is due back in the U. S. about May 1. Zukor will spend a month in New York conferring With Par home of- fice executives and reporting on the situation abroad. Then he takes off for Australia, accompanied there by John W. Hicks, Jr., head of all for- eign operations. After an indeterminate stay in Au- stralia, Zukor and Hicks will cover the whole of South America. JITTERBUGS COOL OFF; AMS BACK IN VOGUE Philadelphia, March 21. Jitterbug contests have about ex- hausted themselves as b.o. draught on off nights here and the cycle Is swinging back to amateurs to pro- vide low-nut hypoes in nabe spots. A couple years' surcease from the simon-pures has apparently whetted audience appetite for them again. Warners' houses, particularly, are going strong for the ams. WB has effected a tieup with the Philly Daily News and is running contests In many of its houses. City-wide win- ners are promised a job In a WB short. Although most of the houses using the non-pros are vaudfllmers, be- cause of the necessity otherwise ot bringing in an orch just for the ams, two WB straight fihners. Cross Keys and Strand, are using them. : ADMEN FiM U. Couple of New York Advert tising Agencies C moved. Workmen jumped the stretch between 48th and Slst street and directed their efforts to the 42nd street sector. Understood that the Rockefeller Center management requested the switch in order that there would be no issue raised among property own- ers, or in the press, that any pref- erence was given to the Rockefeller interests, despite the fact that re- moval of the elevated will greatly enhance the Radio City setting. U. S, Government's «ctlon in Im- posing -a- coimtervalllng or "penalty* duty of 25% on most German goods is expected by the film industry ttt have repercu^ons agahist the three major picture companies still In Germany, and possibly force their withdrAwAt -from - that nation en- tirely. ' Heavy additional duty on (3ermnn gopdSa 'and loss. of .virtually all the Cvech'bdoyakla market resulted from Hitler's' sudden acquisition of that territory last week. This coupe brought the tariff retaliation from Washington as part of the U. S. plan to rebuke Nazi Germany. Although the new duty (tacked onto already heavy ones against Germany) probably will not prevent motion pictures produced in Ger- many -from entering this country, American picture officials believe that the Nazi reaction against U. S. film companies will be so severe that It no longer will be profitable to attempt distribution in Germany. Paramount, Metro and 20th-Fox still distribute in Germany, but . the blocked .mark, which gives them only a fraction - of the total rehtal coin, has grratly. reduced profits in recent years'. N, Y. distribution executives now see little hope of holding much of the market in Czechoslovakia, because the same (Continued on page 19) Fresh Coin OOs Prod. Wbeek at GN Plant; $25,000 Paid Frenke Hollywood, March 21. Grand National goes back into production this week with fresh coin. Evidence of a new bankroll was in- dicated when Earle W. Hanunons paid off several outstanding studio debts, including $25,000 to Dr. Eu- gene Frenke for the Anna Sfen starrer, 'Exile Express.' Hammons is en route to New York to complete a deal with bankers for further financing. He said he would appoint a sales chief to fill Edward Alperson's place when he returns. No. 1 Picket Mrs. Herbert K Lehman, wife ot the governor of New York, is heaving her annual shindig April 5 in Albany for the wives ot newspaper corre- spondents who cover the state cap- ital. Guests, will attend in peasant costumes of various countries. Hostess will appear as a peasant of Utppia, in a costume bearing a flock of gag slogans, such as 'No Politics.' 'No Taxes,' 'High Wages, No Hours,' 'No Legislature,' 'No Ora- tory,' 'No Budget,' 'No Strikes,' 'No Unemployment' and 'Two Chickens In Every Pot' She had added 'No Republicans,' but that was dropped without explanation. Costume is be- ing made by Brooks. VARIETY PICTURES Wednesday, March 22, 1939 RKO-Selznick Deal Reported Set, Except for Pan Bemiaii s Status; Latter s Profit-Sharing a Hitch RKO and the Whitney-Selznlck picture Interests, according to re- ports have reached an agreement ■ which will bring David O. Sebnick into the RKO Radio studios once more as head of all production. Only hitch i? said to be the matter of Pandro Herman's contract. , Latter's deal giving him a percentage of profits on all pictures made on the RKO lot or distributed by RKO, with exception of the Disney product, is said to be have three more years to run. Berman's arrangement with RKO cuts him in on all grosses regardless of whether pictures are personally supervised by him or not Producer, came to New York 10 days ago re- putedly for eionferences with presi- dent George W. Schaefer, as did John Hay Whitney for the same purpose last Wednesday (15). With depar- ture of Whitney for Coast again on Friday (17) solution, of the problem may have been worked, but no de- tails are forthcoming yet A renewal of Sel2xiick-Intema- tional's distribution contract with United' Artists is also still a . very strong possibility. Deal has been on and off for more than six months, and it was reported from the Coast this past week that conferences on it were again being held between Selz- nick and Murray Silverstone. Final result of the RKO-UA rivalry for the Selznick product may definitely be decided before the week is out . Schaefer- la reported to have thrown every resource at the com- pany's command into eflprts to line up the Selznick affiliation. Rumors emanating from last week's confer- ences were to the effect that RKO asked Herman to abrogate his con- tract and consent to a new pact for a term of years, which wonld in- volve only, such pictures as Her- man would personally supervise or produce. Reaction to this was reported to be adverse. RKO, It Is said, is now pre- pared to buy off remainder of Her- man's contract since the Selznick deal would not go through if latter cannot occuM[top spot he formerly held with RkO, nor would he con- sent to a deal If Herman's present arrangement is allowed to continue. RKO already has lined up a num- ber of producer deals calling for either financing by RKO, or for profit-sharing by producers, with Gregory tia.Cava, Leo McC^arey, Max Gordon, Harold Lloyd, Leslie How- ard-Walter Futter combination. Her- bert Wilcox's (Imperadio) produc- tion arrangement and others. Berman-UA Tteap7 Coast production upsets this year may involve a -drastic change, in Samuel Goldwyn's partnership status with UA, as well as a Herman-RKO split If latter leaves RKO Radio, in- timates claim he will join the UA producing ranlcs with a series of six pictures annually. Such a deal would eventuate, it is said, only after the Goldwyn-UA difficulties are set- tled, one way or the other. United Artists executives assert that four UA partners are now broaching a proposition to Goldwyn to buy out his interests in the com- pany. Sum of $1,000,000 is mentioned as the amount they are prepared to lay on the line for his 4,000 shares of stock. Confabs on this proposi- tion are known to have been under way on the Coast all last week, Start- ing with the arrival: of Charles .Schwartz, UA counsel, and Murray Silverstone, general manaser, from New York. Herman, who left New York for Coast yesterday (Tuesday), claimed he did not come east for any confer- ences, but merely to see the sights and the shows. He said he h^d no knowledge of any RKO-Selznick deal, nor has there been any change in his long-term contract. So. CaL's $126,504 To Paralysis Fund Los Angeles, March 21. Southern California contributed $126,504 to the 1930 Infantile Paraly- sis Fund, with L. A. county 79% above last year. Entire state contribution exceeded that of 1938 by 65%, recording to Joseph M. Schenck, general chair- man ..for jCallfornia. RKO '38 NET 300G UNDER THAT OF '37 Net profit of Keith-Albee-Orph- eum Corp. and subsidiary com- panies dipped nearly $300,000 last year as compared with 1937, accord- ing to a statement released this week. Net was $096,995 in 1938, as against $1,300,887 in the previous year. The net in 1938 was equal to $15.50 on each share of 64,304 shares of preferred stock outstanding, while $20.23 was shown for pre- ferred in 1937. Total income from theatre admis- sions, rents and other income was $14,928,887, while additional In- come, including dividends received, amounted^ to $1,841,128. K-A-0 showed consolidated surplus of $7,- 868,888 as of Dec. 31 last . Company paid oot $562,660 In divi- dends, .as ■ instnicted . by directors, same being taken, from capital sur- plus. GORDON'S RKO DEALTORUN 2 YEARS The deal under wblch RKO will participate with Max Gordon Plays & Pictures Corp., in the Joint pur- chasing of screen rights to shows and financing of their conversion to film, releasing the finished product on a .percentage basis with Gordon and Harry Goetz, has been set lor two years. Two pictures to "be done each year on basis worked out Under the contract; Gordon and Goetz will have the option of mak- ing additional pictures, financed en- tirely ,by the Gordon Plays t Pic- tures Corp., for release by iElKO. Thus far, the combination has closed for the film rights to 'Abe Lincoln in Illinois' for an approxi- mate $275,000. GROSS FOLLOWS WORK TO U AS STUDIO AIDE Hollywood, March 21. Jack Gross, who was Cliff Work's L.A. manager when he (Work) was western division chief for RKO, to which post Gross was upped when Work went over to Universal, has joined his old boss at the studio. He becomes assistant studio manager April 1 and again works directly under Work. Charles Koemer, RKO division manager in New E^ngland, succeeds Gross in overseeing RKO houses in Iios Angeles, Frisco, Denv>r and Salt Lake. Gross has been with RKO for the past 10 years. . Successor to Koemer as New Eng- land division manager of RKO thea- tres is expected to be named today (Wed.), by John J. O'Connor^ general manager of the circuit Late yesterday (Tues.), O'Connor stated that reports'HaroId B. Frank- lin would be appointed to the New Enslcnd post were incorrect He added that there had been no dis- cussions concerning Franldin for the spot HARDY'S ANTE LOW Government Wants $12,778 Taxes from Comedian More Washington, March 2L Oliver Hardy, film comedian whose marital troubles have kept him in the headlines, is also having tax worries. The government does not like his method of calculation, in which he declined to pay on amounts which he said were credited to his wife. Myrtle Lee Hardy. Review of the Internal Revenue Bureau's assessment for 1935 was sought from Board- of Tax Appeals last week. Treasury unit wants $12,- 773 more, on account of Income and excess profits taxes. Hardy maintained the government erred In refusing to allow various items of business expense and in taxing him for $38,072 which was part of his frau's income. Govern- ment fixed his net income at $76,149. WB Opening N.Y. Honywood at $2 Top for 'Juarez' Warner Bros. Is reopening the Hollywood, N, Y,, with 'Juarez' on a two-a-day run, starting May 28, and has made a deal with the Radio City Music Hall for the booking of 'Dark Victory,' the first WB picture the M H. will have had since late last summer. 'Jaurez' will plajr at a $2 top at the Hollywood, according to plans. House has not had a picture since 'Zola,' two years ago, "Victory' Is pointed for the Music Hall April 20. As • result of these plans 'Victory' is substituted on the Strand, N. Y., schedule by "Nazi Spy,' which will come In with Fred Waring's band the end of April. House wlU play *You Can't Get Away With Murder* and the Jimmy Dorsey orchestra for a probable two weeks and Dodge City,' with Guy Lombardo, for three weeks ahead of this. liOmbardo lias been booked for three weeks straight, starting April 7. WILL HAYS BACK FOR MPPDA MEET Will Hays returned this week from a 10-day vacation In Nassau and will remain in New York until after the annual meeting of the Motion Pic- ture Producers & Distributors Assn., March 27. Hays Is putting the final touches on his annual report this week. MPPDA directors will meet just be- fore, or right after, the annual ses- sion. Pmtzman on U Boari( Incnmbents Re-elected Chajrles Priitzman, of the law firm of Chadborne, Hunt, Jaeckel & Brown, was named a new director of Universal Pictures at the annual meeting of stockholders In Wilming- ton, Del., last week. Members re-elected were Nate J. Blumberg,'Paul G. Brown, Daiiiel C. Collins, . J. .C^eever Cowdin, ehair- man, Preston Davie, William Frei- day, John D. Penlck, Samuel L Posen, Ottavlo Porchet, Budd Rog- ers, Daniel M. Sheafler and W. H. Taylor, Jr. (hher Ne ws of hter est to Fifans BBC steep fees blamed for G-B balk on visio fight Page 19 New South Wales film trade board quits operations Page 19 Sir Victor Wilson quit Aussie post voluntarily .Page 19 Bob Hope's quarterly -air vacash Page 35 Don Ameche star parts a radio difficulty Page 35 Bums and Allen ordered east In May; reported off Chester- field ^ Page 36 N. A. B. authorizes its prez to dicker with Ascap. ........... [page 37 Television's kiloeycle room safeguarded by F. C. C Page 38 Radio reviews: George Jessel, Dorothy Parker, Brboks Atkin- son, Bea Lillie, T^UuIah Bankhead .Page 40 -Artie Shaw cracks MCA hotel pagfe 47 Jack Bobbins' 25th year in music biz page 47 Fidler Gong Peak Sweetly Hollywood, March 21. Hollywood's bad boy of the air, James Marlon Sidler, has been told by his soap, boss, Procter & Gamble^ to sin no more against the reign- ing kings and queens of flickervllle. Chastening of Jlmmle took place iOfflo weeks ego but word leaked last week when the long arm of the (Lenox RUey) Lohr reached 3,000 miles across the country and gave the Fidler knuckles a thumping rap. Not only has Fidler promised to be a good boy but as evidence of his good faith he pledged that hereafter he will (a) ring the bell only for good pictures; (b) keep his open letters ion th«.sunny side, and (c) say only nice things about pictures and picture peopla In the midst of his good intentions Jimmle insists he's being picked on. He tour-lieUed himself with Tv* always tried, to cooperate and never intentionally harmed anyone.' Meanwhile other networkers are awaiting NBC's new code of ethics to see who gets switched next RYDGE 0.0m H'WOOD PRODUCT FOR AUSSIE Hollywood, March 21, Norman B. Rydge, head man of Greater Union Theatres, Australia, is here on a product prowl and leaves this weekend for New York. Also boating in were Clarence Hake, 20th Centum-Fox Australian rep, and Bernard Freeman, - Metro distrib chief there. Harry Hunter, Para mount boss in the Antipodes, is due in AprU17. • ■ • • Paramount studio heads ate toss- ing a feed for Rydge Thiursday (2a). $542,554 GOES BACK TO LOEfS Supreme Court Justice Louis A, Valente Thursday (16) decided that $542,594 must be returned to Loews, Inc., by the six main defendants in the stodiholders' suit brought against them and the company. "Hie assessments Include Nicholas M. Schenck, $69,447; David Bernstein, $41,668; Lu B. Mayer, $lBf,199; J. Rob- ert Rubin, $112,505; the estate of Irving llialberg, $136,089, and Arthur M. Loew, $14,754. This Is In connection with a $30,- 000,000 action filed against the com- pany, its officers and directors, by 11 consolidated stockholders, who charged waste and mismanagement of the company's affairs. A Judgment will be entered of- ficially in the court records, follow- ing which attorneys^ for the plahiUfl will subnut requests for allowances. No statement was forthcoming on whether an appeal from the decision would be taken. L. A. TO N. Y. Mischa Auer. Don Barclay. Bruce Cabot M. V. C:arroll. Pat dl Cicco. L. Wolfe Gilbert James R. Grainger. Walter E. Green. Harry Grey. Mitchell Hamilburg. G. F. Hartwell. Earl G. Hlnes. Adam liehr. Bela Lugosi. Cliff Nazarro. I.eroy Prinz. Norman B. Rydge. Robert Simpson. Ed Sullivan. Lewis Allen Weiss. Les Whalen. Herbert Yates. N, Y. TO L. A, John Beal. Edgar Bergen. A. C. . Herman. Pandro Berman. Jack Brewer. W. E. Calloway. James Comer. S. Charles Einfeld. Lynn Famol. Walter Futter. Vaughn Glaser. Leland Hayward. Oscar Haminersteln. Harold Lloyd. Bo.ris Morros. Harold Rodner. Jack SkirbalL John Hay Whitney, ADDROOSEVET TO ANTI TRUST DB^ANTS .. Washington, March 21. Personnel changes in the organi- zations of leading defendants 'in the New York anU-trtist lUlt were fol< lowed last week by a Justice De< partment announcement that James Roosevelt, son of the President, will be one of several Individuals added as respondents In the government's campaign to abolish block booking, force divorcement of theatres from studios, and bring about other trade practice reforms. Although his technical connection is with Samuel Goldwyn, the former White House secretary, will be named as a responsible party In the drive against United Artists. There have been, several other changes In the bill of complaint as affecting UA. Biuides Roosevelt, the D.J. will drag in Charles Schwartz, Emanuel SUverstone and Theodore Caruso, letting off Douglas I'alrbanka, Mary Pickford, Charlie Chaplin and Gold- wyn. There are switches also In the roster of Loew's and Paramount de- fendants. Edwin lb Welsl and ' George L.Bagnall were made pinch- hitters for Charles A. McCullough and Henry Herzbnm In the Par bat- ting order. Action against Harold A. Fortingtoh and Harry O. King will be dropped. In the Loew's case Henry R. Wlnthrop will be named Instead of William A. FhUlIps. With no substitutions due, papers will be revised to drop the names of A. H. Glanninl, George Shaefer and Uoyd Wright In the UA actions. Hearinc Vareh U In N. T. The Department of Justice Sat- urday (18) filed an application In the, N. Y. federal court for the substitu- tion of defendants in Its anti-trust suit against the major companies. The application wIU be heard Fri- day (24) before Judge William Bondy and no opposition is expected. The Department of Justice has no- tified Harry J. MuUer and Edward C. Raflerty, of UA, of their inten- tion to examine them before trial on Monday (27). UA so far has made no attempt to limit the scope of the examination. Company will file its formal demand for a bill of particulars from the government Friday (24). SAILINGS March 25 (New York to Rome) Jane Wyatt (Rex). March 24 (New York to London) Bela Lugosi (Queen Mary). March 23 (New York to London) C^atharine Doucet, Effie Afton; Ethel Remy (Washington). JOarch 18 (New York to Paris) Ben Blumentbal, Jacques Rubenstein, Rene Blum, Margot Johnson, 1 Cremiu-Javal, , Jerome Jackson, Karin Branzell, Gladys Cooper, (Seorge Hale Troupe (He de France). March 17 (Los Angeles to Kings- ton, Jamaica) Herman Sims (Eu- ropa). March 17 (Los Angeles to Hono- lulu) James Ellison, Gertrude Dur- kin (Lurline). March 17 (New York to Naples) Mrs. Ted Florlto (Conte di Savoia). ARRIVALS (At the Port of New Yotk) Mr. and Mrs. Abel Green, Mr. and Mrs. Arthur Schwartz, Mr. and Mrs. Arthur 'Bugs' Baer, Paul~ Dscard, Donald Flamm, Dorothy Hlaire, Bil- Ue Bailey. Wednesday, March 22, 1939 PICTURES VARIETY 3 PIC 6. 0. GETTING STRONGER Sflverstone linii^ Up Producers ToTnraOntMAPain'M HollTWOod, IAaich .21. United Artists will have several rew producers In Its fold making product for the lMO-41 season. That Is the purpose of the trip here by Murray Sllverstone, company chief- tain, and Charles Schwartz, its attor- ney. Company Is figuring ahead to the extent that it will insure itself a minimum of at least 30 pictures yearly from Hollywood, even in the event that Sam Goldwyn should withdraw from the fold. Agreement is virtually set whereby Sol Lesser, with Louis Lurle capital, will formulate a three- year deal for Ernst Lubltsch to make two pictures annually starting with the 1940 product schedule. With John H. Whitney in town, Sllverstone and Schwartz conferred - with' him over the weekend and in- dications are that by May 1 possibly another term deal will be made to handle the SeUnick-Intemational product starting with the' 1030-40 sea- son. Likely that David S«Iznick will have 'Gone with the Wind' out of the way so that he will be able to get the first of the new season's pictures ready for distribution early in No- vember. There's also an BKO-Selz- nlck deal on the fire. £!chwartz left for New York today (Tuesday) with Sllverstone remain- ing until end of the week talking proposed arrangements with two other producers who ere desirous of coming into the UA fold. These deals will all be for at least a three- year minimum and from two to four pictures yearly, financed by the pro- ducers themselves, as UA will do no financing outside of the Walter Wanger product. James Mulvey, New York biz rep for Samuel Goldwyn, arrived here yesterday (Monday) on summons from the producer. . U Drops Crime Hollywood. March 21. Crime Club, mysteries have been dropped from Universal's 1030-40 production schedule. Icd two-picture deal wilh RKO. Warners continued Richard Ma- caulay'.-; writing pact one year. Mo.lvin Wald, writer, signed by Warners. Metro si.«tned Helen Gilbert to plfver p:ct. WiUir.m Ludv/ig's writing option picked UT by Metro. Warners hoisted Leo Katz' script- Inj! option. Amr.i'd D'Usseau Inked writer deal at Metro. 20th-F.ox picked up player option on Jean Rogers. Warners Rave Gcraldfhe Fitzgerald a new player ticket Elizabeth Meohan Inked writing deal at 20th-Fox. Monogram filed minor contracts with Martin Spellman, 13, and Jackie Moran, 16. Superior court approved Mono- gram's pact with Marcia. Mae Jones, and Warners for Frankie Thomas. Universal contracted Robert Cum- mings. ' Harry Shen.ihn .signed The Kings' Men for Hopalong Cassidy pictures at Paramount King Vidor Takes Over Mwest' Pilot Job Hollywood, March 21. King Vidor takes over the direc- tion of Metro's "Northwest Passage,' work on which was halted last fall by snow on location in Idaho. Shoot- ing starts next month. . W. S. Van Dyke, original director, is busy on another picture. NEW PA. BILLS HIT INDUSTRY 2 WAYS Philadelphia, March 21. Both good and bad news for fllm interests emanated from Harrisburg last week, where the state legisla- ture is meeting. Tax measures and a revival ot . interest in abolishing Sunday pictures were the calls for a crying towel, while legalization of bank night and other gimmicks gave exhibs reasons for cheer. Principal tax levy suggested and one given a good chance to pass was introduced by Representative Edwin Winner, republican, chairman of the House Ways and Means committee It would impose a. one-cent tap on each 25c admish. Similar excise was in force here for several years and allowed to die by the last legisla- ture, democratic-controlled. Film interests have a strong lobby work- ing against the tax, which, it is esti- mated, would yield $7,000,000 dur ing the next biennium. Curiously enough, the tax would mean nothing to Philly exhibs, be- cause the city adopted It last year when the state allowed It to die. Now the city tax would have to be repealed, experts declared, because the state constitution forbids over- lapping levies. Two separate bills covering bank nights were introed by Philly demo- crats. Measure placed in the hopper by Reuben E. Cohen would legalize the games and place a 15% tax on the total of the prizes, the impost to be used for old age and blind pen- sions. Representative Samuel M. Rosenfeld's bill allows the gimmicks on payment of a flat $100-a-year tax Revival of interest in a Sunday clos- ing law was seen in a statement by Rev. W. B. Forney, reformer, that a bill Is now being prepared by friendly legislators to ban Sabbath Alms, base- ball, Ashing and all other diversions, Overwhelming way in which the blue laws were abolished in most municipalities at a referendum, sev- eral years ago would ordinarily eliminate any fear of Forney's chances of reviving them, except that he is a good friend of the new governor. METRO IN LOW GEAR; ONLY 1 PIC WORKING Hollywood, March 21. Metro production is at its lowest ebb in years, with only one picture working yesterday (Monday). Being readied are '6,000 Enemies,' 'Oh Borrowed Time' and "Babes in Arms.' Bill to Tax Theatre Combines Cold in N. Y. Albany, March 21. "The Bennett chain store tax bill, which as drawn would )ia.ye laid a graduated and progressive levy cn theatre combines of two or more theatres, Is cold. It was killed in Assembly com- mittee last week. Sked-Cnt Pats AD 12 of Warners B Films in 3 Series Hollywood, March 21. Decision of Warners execs at the national convention in New York to limit B product to 12 pictures for 1939-40, puts all of them in three series. They will be the "Torchy Blanes,' 'Secret Service' and 'Nancy Direws.' In the past, Brian Foy has made three of each. New setup adds a fourth to each and eliminates all but higher-budget pictures. Means the Jane Ardfin series will be dropped completely. New season will see the revamp- ing of the 'Torchy Blane' pictures as far as the cast is concerned. Jane Wyman is slated to pick up the roll of Torchy created by Glenda Farrell, with no replacement for Barton MacLane chosen yet Tom Kennedy, boob copper who forms third of the original trio, wiU be retained! Studio feels the b.o. ot the highly profitable Torchy* series wiU not be hurt by a change In the two leads after perusal of the returns, now virtually complete, of Torchy Blane in Panama,* in which Paul Kelly and Lola Lane were substituted. Early fears caused the studio to hastily call Miss Farrell and Mac- Lane back for the others on the sked. BORIS MORROS WEST FOR FRST FILM'S CAST Boris Morroa, who Is turning pro- ducer on his own account left New York Friday (18) for the Coast Morros will line up a cast for . the first of six French productions he has secured remake rights on. Jacques Griniess, representative of the Leon Siritzky - French interests and partners with Morros in 'pro- duction, and distribution ot French films in this country, remains in N. Y. until Morros returns from the Coast in four weeks. Projectioiiist Measnre Advances in New York Albany, -March 21. The second Crews projectionist bill, requiring two inen in the booth, licensing , operators and establishing an apprentice system in New York City, was promptly reported out ot the committee which the sponsor heads. It was advanced to a third reading, a final Assembly vote being expected this week. It's the first time a two men tn the booth measure reaphed the floor. Affecting only New York City, it is strongly backed by the American Federation of tAbor. Would re- quire, among other things, employ- ment of a licensed operator in all places of public admission for show- ing of motion pictures with or with- out admission. Pulls SmaU-Town Film Bill from N. Y. Assembly Albany, March 21. Assemblyman William Webb, man- ager of the Smalley theatre, Sidney, N. Y. struck his small town fllm bill from the calendar last night (Mon- day) . Ministerial objections ' were a strong factor. Bill would have permitted 20% ot qualified electors to request tor sub- mission ot an ordinance to allow films and athletic events in the sticks after 2 p. m. Sundays. Pro- visions covered any community that had neglected, failed, refused to adopt, or had defeated such an or- dinance. It may b6 introduced In the senate. ^venth' Rides Again Hollywood, March 21. Samuel Goldwyn's "Seventh Cav- alry' is being readied as a starrer for Gary Cooper, with Dudley Nichols doing the screen play and John Ford set to direct Picture deals with the career ot the fomous regiment after the Cus- .tcr massacre 500 Ant^Pk Biz Bills More than 500 measures untitvorable to the picture business already have been .introduced in 43 state legislatures alreadfy cogaa goes into a support role in "Million Dollar Legs' at Co- lumbia, bis fattest picture role since his moppet days. Picture rolls this week, with Nick Grlnde directing. . A new law proposed In Dearborn, Mich., is the most sweeping, com- prehensive municipal regulation of the picture theatre business to be brought to the attention of the trade. Industry is anxious to see the -bill squelched because of the prece- dent it would establish and the ideas it would give other cities. The bill, primarily framed to cen- sor films ^own in Dearborn cine- mas, would regulate juvenile attend- ance. Impose restrictions regarding health conditions, ban contest games and attempt to control the location of amusement spots according to the population shown by the last U.S. census. Bill would flx.a^ annual licensing tee of $125 to $750 per theatre, ac- cording to size. No permits to oper- ate would be Issued until applicant Is thoroughly investigated by the police. Conviction for felony, or misdemeanor, would preclude a li- cense, according to interpretation of bill's wordage. .Operator of an amusement spot would have to put- up a cash surety bond promising to keep his establishment clean. Censoring feature of bill includes usual rules regarding lewd or im- moral performance. Commissioner ot Safety would be the judge. Any theatre must be at least 900 feet away , from a church or schoolhouse. In order to operate, 51% of the people within this block area must sign a petition favoring the prop- osition. Measure would prohibit any per- son Under 10 years from attending a place of amusement after 7 p.m. unless accompanied by parents or guardian. For those under 16 years the curfew stipulation is 10:30 p.m. No person ot 16 years, or under, is to be allowed in a place of amuse- ment between 8 a.m. and 1 p.m., ex- cepting during the seasoh when schools are not in session. Maximum fine for a violation is $500 or 90 days in jail, or both. 13 Censorship Measures -Although there already was a rec- ord-breaking number of censorship proposals up in state legislatures this year, additional biUs have hiked the total to 13 states in the last two weeks. Nine states outlined censor- ship deals earlier in their legislative sessions. Censorship bills have been intro- duced in Arkansas (defeated), Dela- ware, Iowa, Kansas, Maryland, Michigan. Missouri (defeated), Ok- lahoma, South Carolina, Ohio, West Virginia (defeated). New Jersey and Massachusetts. There's no chance of West Vir- ginia getUng censorship this session, because the proposal was voted down and . solona have adjourned. Arkansas' plan for censorship also was eliminated by the adjournment ot the legislature. Plan to squash censorship in Kansas has been de- feated. Maryland, Michigan, Ohio and Ok- lahoma each have two different bills concerned with censoring of motion pictures. Latest state to enter the lists is Massadiusetts, which would charge so much per 1,000 feet of fllm for originals, and another scale for du- plicate prints of each subject pre- sented to the censors for approval or rejection. Newsreels are exempt- ed, but another stipulation would censor advertising matter sent ex- hibitors in connection with film showings In theatres. Vedncsday, March 22^ 1939 PICTURES VARIETY 5 SWG VOTES ON PROD. DEAL lA and Dblribs Hold Meetings On Strike llireat; No Definite Ultimatum Lsdd Down by Local 306 as Yet In the dark as to what may hap- pen, but fearing the worst from the tiireat ImpUed by union action seek- ing to force distributors into cut- ting olt supply of mm to the Cen- tury circuit, Spring & Cocalis and other New York independent thea- tres which refuse to recognize the International Alliance of Theatrical Stage Employees, attorneys of the major film companies during the P9st week have been studying the legal angles Involved ' ostensibly with a view to determining their position. Meetings the last week have also been held with union representa- tives to discuss the situation, but no developments are reported, and, so far as can be learned, no definite ultimatums have been laid down which would place possible strike action on the Immeidiata horizon. Such action, If taken, would origi- nate with Local 306, Moving Picture Machine Operators of New York, the strongest imit in the lATSE, of which Joseph D. Basson is president, Basson has been out of his office at 306 most of the week to attend the various meetings that have been held. No Deadline Meantime, members of 300 have not been advised of any deadline for a strike. Their vote by an over- whelming majority to authorize the calling of a strike by Basson and his executive committee, with lA approval as required in such cases, -went into the records early last week (13). This vote furnished 806 and the lA with a weapon which would represent a forceful Influence In getting the distributors to con aider union demands immediately. The legality of any strike that may be called for the purpose of depriving film service by lA em' ployees' to theatres that do not use memlwrs of lA locals, the question of whether It Is within the power of the lA to call out its operators and others In such a campaign, and what legal relief non-IATSE exhibi- tors may have if. denied film for which they hold contracts, are mat ters with which the distributors are vitally concerned. Unofficially, distributor and thea tre observers of the situation ques tion .whether ultimately, depending on what occurs, rulings may be sought from the National Labor Re- lations Board, or the Department of Justice, or both. EXPECT PROFITABLE 2D YEAR FOR MONOGRAM Second year's operation of Mono- gram is expected to show a neat profit, according to present infbrma tion to Wall Street. Initial 12 month feriod, from January to Jan. uaiy, showed a small loss! How- ever, this was not a true picture of the corporation's earning ability, financial experts claim, because it really covered nearly 24 months of operation. Such a situation resulted because It was nearly 24 months before the first money began coming to after the new Monogram company was formed. This, plus the usual cost of organizing and setting up operaUons at the studios, cut into the first year. Mono probably will show a small profit for the interim period from tne first of the year until next June, *hen the company starts a fiscal .year. Arthur in 'Arizona' Hollywood, March 21. Jean Arthur Is slated to star in V producer-director job Wesley Buggies at Columbia. Shoottog starts' when Miss Arthur ""'shes in Prank Capra's 'Mr. Smith t.oes to Washington.' Dangerous Gag Another near-tragedy, similar to the recent £rin O'Brien Moore Incident, almost occurred Satur* day night (18) at the Indepen- dent Motion Picture Theatre Owners' ball at the Astor hotel. New York. Dress of Mrs. Flor- ence Sussman, wife of William Sussman, 20th-Fox sales execu- tive, caught fire from a hot-foot gag played on one of the party in the Sussman box. No serious tojuries were suf- fered by Mrs. Sussrhan through presence of mind t>f Joe Horn- stein, theatre supply man, and others who helped to suffocate the blazing garment $5,000,000 AOION FOR UBE VS. T1ME.RK0 A $6,000,000 action for libel was filed to New York Buprem* court Friday (17) by Gerald L. K. Smith, New Orleans minlstei*, against March of Time, Inc.; Time, Inc.; Westbrook Von Vorris; RKO-Radio Pictures, Inc.; RKO Corp.; BKO Film Booking Corp.; BKO Dis- tributing Corp.; Roy K. Larsen, Jack Glenn, The Newsreel Theatres, Inc., and Rockefeller Center, Inc. Smith claims that in the March of Time short entitled The Limatic Frtoge,' he was depicted as the American Hitler and, as a result of screen devices, held up as an object of disdain, contempt, derision, ridi- cule and hatred. Smith asserts, in his affidavits, that he had obtetoed a position of great respect and promtoence as a churchman and minister, that he is affiliated with labor unions and Is a foe of communism, nazlsm, and fascism. He says thut he is Chair- man of the Committee of 1,000,000, a non-political, non-secterian group whose" purpose is to rebuild America and wipe out isms. He claims the short has destroyed his reputation and damaged his prestige to the extent of $5,000,000. 250G Suit Dismissed New York supreme court Justice Ferdinand Pecora Saturday (18) dismissed the $250,000 suit of Lou Goldberg against Time, Inc. C^se had been on trial three days. Gold- berg alleged that he was responsible for Time's adaptetion of its radio program to the screen resultmg to the March of Time. He claimed he originally submitted the Idea to Roy K. Larsen, v. p. of Time, Col. Asks Dismissal Of Plagiarism Snit Columbia Pictures Corp,, Friday (24) will ask Federal Judge Sam- uel Mandelbaum to dismiss the $250,000 suit brought against it by Gerald K. Rudulph. Rudulph claims the Columbia picture, 'Exposed,' is a plagiarism of his play of the same name. Columbia seeks the dismissal on the grounds of failure to state a cause of action. GUIZAE'S 'CHOEEO' Hollywood, March '21. Tito Gulzar's next Spanish starrer is The Singing Chorro,' to be pro- duced by Dario Farralla at Para- mount. Richard Harlan directs. POLL DELIiyS NLRB HEARING Negotiatins Committee Will Continue Parleys with Pro- ducers If Vote Is Favor- able — Otherwise, the NLRB Will Resume Its Hearing on Complaint Charging Major Com- panies with Unfair Labor Practices 800/c GUILD SHOP Hollywood, March 21. Tentative deal has been set 'for a working agreement between pro- ducers and Screen Writers Guild, subject to ratification by SWG mem^ bership. While no contract has yet been drafted, a mass meeting of scriveners has been called for to morrow (Wednesday) to decide whether the proposed pact shall be accepted in principle. If the membership vot<> favors ac ceptance the SWG negotiating com- mittee, headed by Charles Brackett will be advised to conttoue Its par leys with film executives until an agreement Is reached en all phases of a contract. If the Guilders turn thumbs down on the producer prO' posals the National Labor Rela' tions Board will be asked to resume its heartog on the complatot charg tog major film companies with im' fair labor practice m dealtogs with SWG. The NLRB hearing before Trial Examtoer James Batten was rC' cessed until Thursday (23) to give the negotiators an opportunity to reach an amicable agreement . Notice of SWG membership meet tog stated: 'Members will be asked to advise the bargaining committee whether the proposed contract should be ac- cepted to principle or whether the Screen Writers (iulld should request the National Lal>or Relations Board to resume Its heartog the followtog morning.' 80% Guild Shop Negotiations so far cover a pro- posed 80% Guild shop, provisions for apprentice writers, mtoimum wage of approximately $150 week, protection of television rights to film stories, removal of writer after he is assigned to a screen play, etc. Other members of SWG negotiat- tog committee, in addition to Presi- dent Brackett, are Donald Ogden Stewart, Philip Dunne and Leonard S. Janofsky, SWG counsel. Pro- ducers are represented by Darryl F. Zanuck, Hal B. Wallis, E. J, Mannix and Attorneys Homer Mitehell, Al- fred Wright, George Cohen and Mendel Silberberg. Anthony Veiller, formerly, a mem- ber of the negbtiattog committee, re- signed as a member of the board of directors and also from the SWG. He said action was taken because he was accepttog an . executive po- sition with Paramount. Veiller re- centiy was signed to a writer-pro- ducer ticket. M-G White Collar Demands Negotiations start tomorrow (Wednesday) between Metro and white collar workers. Studio Office Employees Guild is seektog a wage tilt, two weeks' vacation with pay for members employed continuously for one year, and improved work- ing conditions. Notice of demands have been submitted to Nicholas Schenck, L. B. Mayer, E. J. Mannix, Nicholas Nayfack, W. K. Craig and Jerry Mayer. Louis C. Blau will represent workers. . The Screen Actors Guild has turned thumbs down on a gag rule proposed by the Junior Council. Council was advised by the SAG board of directors that members might be placed on their honor not to divulge matters in formative stage, but that when they were once completed the membership should l>e token into their confidence. The (Continued on page 61) Exhibitor Squawks Highlight M-G Convention; Kuykendall Vs. Govt Regulation, Cole Asks Fair Deal Eddy Looks Back Philadelphia, March 21. Concert at the Academy of Music here last week by Nelson Eddy, on leave from Hollywood, gave impetus to a plan to esteb- lish a '619 Association.' That's the number of the police re- porters' room to City Hall, where Eddy, while on the Ph Illy BuUetto, practiced his warbling, ' to the disgust of other reporters using phones. Other celebs, who make it a habit never to miss visiting 619 when in town, wiU be eUgible for an auxiliary. Room, has be- ■Midnighf (Par) and sUge show. Good matron trade and Is headed for $27,000, another fairish session here. Last week, 'Darling Daughter* (WB). so-so $27,500. Garrick (B&K) (900: 35-55-65) — •Darling Daughter* (WB). .Moved here from Chicago 'and looks for $5,500, heat enough. Last week, 'Cafe Society* (Par) wUted to $4,100. Oriental (Jones)-s(3,200; 25-40) — ' iBoy Trouble* (Par) and 'Mr. Moto' (20th). plus vaude. At $14,000, fair enough. Last week. 'Love from Stranger* (RKO) and 'Am Convict' (WB) in same sphere at $13,800. Palaoe (RKO) (2,500; 35-55-65-75) —'Honest Man* (U) (2d wk.) and vaude. Doris Rhodes holds over on the stage and figures as wicket asset. Managing to hold to $16,000, fine gross in face of trend. Last week, great $23,300. Boosevelt (B&K) (1.500; 35-55-65- 75)— 'Wings Navy* (WB) (2d wk.)/ Going to $9,000 currently after $13,- 700 last week. Figuring to stretch stay on big newspaper campaign for film. SUte-Laka (B&K) (2,700; 25-40)— 'Chan in Honolulu* (20th) and vaude. Senator Murphy and Ben Blue head- lining. Business dipping slightly to $12,000. Last week, 'OS Record* (WB), $13,600. okay. United ArtlsU (B&K-UA) (1.700; 85-55-65-75) — 'Each Other* CUA). Opened on Saturday (18) and looks for strong Initial stanza at $18,000. Last week, 'Buck Finn* (M-G) fin- ished fair two-week stay to $8,900. TEMPLE-CHAN' $11,000 IN MHW. ' Milwaukee, March 21. Th« Wisconsin Is back on top •gain this frama with The Little Princess' due to excellent bally and tremendous response from the crix. Theatre manager Gene Kilpberg has Invited all the city's orphans to see the La *remple starrer free.of charge and house is drawing strictly from the juvenile trade. Riverside with "Lone Wolf and Garber orch Is like- wise in the upper brackets at $12,- 000. The Palace, to compensate for sev- eral slack stanzas, is inaugurating a new type of bank night called Gift Nite and Initial prize Wednesday (22) wUl be $1,000 with $100 added each week no winner is chosen. Favorable selection of a second run of Paderewski*s 'Moonlight Sonata* ties in with pianist's p.a. at the Pabst Thursday. The Little Instigates a new policy of admission this week, lowering price scale to 30c and 40c after 6 p.m. Change is resulting in an upturn in biz with 'Club de Femmes.' Estimates for This Week Little (Indie) (1,050; 30-40)— Club de Femmes* (French). Danielle Dar- rleux film is drawing favorably, sighting okay $3,600. Last week, 'Scarlet Pimpernel* (UA), $3,000, poor. .. ■ Palace (Fox-Wisconsin) (2,400; 35- 55)— 'Moonlight Sonata' (2d run) (GB) and 'Woman Doctor' (Rep). After two runs at the Pabst a few months ago, PaderewskI pic still clicks on the main stem to tune of exceUent $9,000. Last week, 'Beach- comber' (Par) and 'Boy Trouble* (Par), $9,200, nifty. Biverslde (Indie) (2,800; 25-30-35) —'Lone Wolf (Col) plus Jan Garber band with George Givot on stage. Combo is socko.b.o. fare and house will wind up with a smash $12,000. Last week, 'jpirates Skies* (U) .and Happy Felton*s band, $10,700, good. Strand (Fox-Wisconsin") (900; 35- 55)— 'Stagecoach* (UA) and 'Nancy Drew* (WB). Dual shifted from Warner, but biz is slumping to n.s.g. $3,600. Last week, 'Darling Daugh- /fEL^^B) and 'K ing Underw orld' (WB), $6,300, nlce.—^ : ^Warner (WB) (2.400; 35-55)— "Each Other* (UA) and 'Great Man* (RKO). House didn't count on much returns, uut, with that in mind, dual Is doing a phenomenal biz at very satisfac- tory $8,800. Last week, 'Stagecoach' (UA) and 'Nancy Drew* (WB), $8,600, hefty. Wisconsin (Fox- Wisconsin) (2,800; 35-55)— 'Little Princess' (20th) end 'Charll« Chan' (20th). Heading for terrific $11,000. Last week, 'Wife, Husband* (20th) and 'Ambush' (Par), $8,750, so-sd. 'EACH OTHER' FINE 17G, pnr Pittsburgh, March 21. Biz not only off in the keys, but entire district Is in the dumps, and conservatively figured It's the low- est general ebb in almost a decade for this time of year. Only solace In downtown sector currently is 'Made for Each Other* at Penn. Pic drew raves, is also grabbing lot of word-of-mouth, and may possibly ' build into a h.o. at Warner. Senator, trying first stage show since house opened in Novem- ber, taking It on the chin with Black- stone's magic unit and 'Everybody's Baby* while Stanley's just getting by, at that, with 'Oklahoma Kid* and Al Donahue-Ethel Shutta combo. 'Little Princess* holding up fairly well in second week at Fulton and should stick a third, but both War- ner and Alvin. with double-bills, are feeling pinch plenty. EsUmates for This Week Alvin (Harris) (1,850; 25-35-50)— 'Blondie* (Col) and 'Lone Wolf (Col). Doesn't look over $3,900, and that's bad. Last week, 'Culver* (U) one of the season's major disappoint- ments, management and exchange spending plenty of dough to put it over and getting miserable $4,800 for their efforts. Folton (Shea-Hyde) (1,750; 25-40) —'Little Princess^ (20th) (2d wk). Temple holding up nicely In h.o. to- ward $3,000. House Is now hoping it can stick through Holy Week, per- mitting 'East Side of Heaven* (U) to fet under way day before Easter unday. First week of 'Princess* exceUent, just short of $7,500. Penn (Loew's-UA) (3,300; 25-35- 50)— 'Each Other' (UA). SUndout of week here. Cricks raved and the customers are going out talking. Headed for good $17,000, and stands a chance of going even above that, which would mean a h.o. at Warner. Last week. 'Honolulu' (M-G) pretty fair $13,000. Senator (Harris) (1,800: 25-35-50) — 'Everybody's Baby' (20th) and Blackstoh^' on stage. No action at all for house's first stage show since, it opened four months ago. Tossed in a Sunday midnight spook show, too, but week will be lucky to pro- duce $5,000. Last week 'Can't Take It' (Col) (re-issue), and 'Ferdinand,* $2,000. Stanley (WB) (3.600; 25-40-60)— 'Oklahoma Kid* (WB) and Al Dona- hue's orch with Ethel Shutta. Pre- dominantly male trade, indicating it's the -pic that's bringing *em in. That was further demonstrated on Sunday (19) when, without flesh, house had its biggest Sunday in practically, a year. Seeing $17,000. fair. Last week 'Fast and Loose* (M-G) and Benny Goodman bettered $22,000. Warner (WB) (2.000; 25-40)— 'King Underworld* (WB) and 'Wharf (RKO). Just about keeping house's head above water. Not too bad at $4,000, around par for the usual run of duals at this spot. Last week 'Persons Hiding* (Par) and 'Four Girls' (M-G) got about the same, but in six days. FIELDS $4,300, LINCOLN 'Daughier* Mild $1,390 on H.O.— 'Bines* Dnal Good $3,000 Lincoln, March 21. 'You Can't Cheat An Honest Man* is having a good week, although the brakes set after the weekend. 'Darling Daughter' is being held over, partly to All the Varsity s need for film, and also because of pretty fine biz on the first stretch. 'St. Louis Blues' dualed at Lin- coln is surprisingly good, while Liberty's pair Is so-so. Estimates for This Week- CoIpnblJN'n-Noble-Monroe) (750; 10-15)-^'Eone Star Pioneers' (Col) and 'Miss Thorobred' (WB). spilt with 'Black Room* (Col) and 'Be- hind Mask' (Col). Will cinch $1,000, good. Last week, 'Ride Cowgirl' 1st Rnns on Broadway (Subject to Change) Week et March 23 Aator — 'Pygmalion* (M - G ) (16th wk). Capitol — 'Sergeant Madden* (M-G). (Revteuied iw Current Issue) Criterion— 'I Was a Convict' (Rep) (22). (Reviewed in Varieiy, March 8) Globe — 'BUckwell's Island' (WB) (4th wk). Hnsle Hall — 'Love Affair' (RKO) (2d wk). Paramount — 'I'm from Mis- souri* (Par) (22). (ReiHeto^d , double, for three days. Aiming at healthy $8,500. Last week, 'Navy Secrets* (Mono) and 'Homicide Bureau' (Col), dual, plus vaude, for four days; and 'Kentucky* (20th) and 'Up River' (20th) (both 3d runs), dual, for three days, good $8,000. Fenway (M&P) (1,332: 25-35-40- 55)— 'Stand Up' (M-G) and 'Fast and Loose' (M-G) (both 2d runs). Draw- ing good $7,000. Last week, 'Wife, Husband' (20lh) and 'King Under- world' (WB), pallid $5,500. Keith Memorial (RKO) (2,907; 25- 35-40-55)— 'Three Musketeers' (20th) and 'Duke West Point' (UA). Adding up to $18,000, good. Last week, 'Honest Man' (U) and 'Beauty for Asking* (RKO), dandy $18,000, de- spite blizzard. Metropolitan (M&P) (4.367: 25-35- 40-55)— 'Oklahoma Kid' (WB) and 'Nancy Drew' (WB). Shooting for nice $17,500. Last week, 'Cafe So- ciety' (Par) and 'Pacific Liner' (RKO), took a pasting from the blizzard and a frail $11,000 resulted. Orpheum (Loew) (2.900; 25-35-40- 55)— 'Pygmalion' (M-G) and 'Let Live* (Col) (2d wk). Okay $14,000. First week dented by blizz, but still a big $20,000. Paramount (M&P) (1.797: 25-35- 40-55)— 'Stend Up' (M-G) and 'Fast and Loose* OA-G) (both 2d runs). Okay $8,500. Last week. 'Wife. Hus- band' (20th) and 'King Underworld' (WB), n.s.h. $7,000. ScolUy (M&P) (2.538; 25-35-40-55) — 'Beachcomber* (Par) and Trade Winds* (UA) (both 2d runs). Fair $6,000 Indicated. Last week, 'Wings Navy* (WB) and 'St. L ouis Blu es' (Par) (both 2d runs), $5,000: ' State (Loew) (3,600; 25-35-40-55)— 'Pygmalten* (M-G) and 'Let Live* (Col) (2d wk). Good $11,000 In sight First week very good $16,000. love Mair/ Happy lOOG, Durbin, Smart 4()G, B way's Two Bright Spots; Crawford Frigid $18j 'Love Affair* and Three Smart Girls Grow Up* are the blue-ribbon babies on Broadway this week. The former is picking up the marbles to to the tune of a possible $100,000 at the Music Hall, while the Durbin picture is t>eating a well-worn path past the Rivoli box office for $40,000. This is the best business the RivoU has enjoyed in more than two years. A $40,0(>0 week Is all the more re- markable In view of the opposition from stage-show houses at prices which are no more, and in some cases, as for instance the Rbxy, less than the Rivoli*s 99c .top. Riv's ad campaign, a good one designed to fetch the grownups, is accounting for strong night trade. Another Joan Crawford disap- pointer is 'Ice Follies of 1939,* which makes it several in a row that 'this star has failed to get anywhere with at the Capitol. House will be lucky to top $18,000. The Paramount brought in 'Kiiig of Chinatown' as company for Chick Webb and Ella Fitzgerald on their second week, having changed pic- tures midstream, - and closed last night (Tues.) at $28,000. The first week of Wiebb and Fitzgerald, with 'Never Say Die' as the picture, was $30,000. 'There was some profit on both weeks, but more this week at $28,000, with a reduced nut than at $30,000 last week. A similar situation exists at the Roxy, where the Shirley Temple picture, 'Little Princess,* is relatively better this week (its 2d) at $34,000, than on the first at slightly under $40,000. Fair profit on Qie 14 days. 'Oklahoma Kid,' on its second (final) week, with Will Osborne and Sheila Barrett on their third (final) stanza, at the Strand, will be $28,000, or better, quite satisfactory, after a $37,000 first week for the Cagney picture. The profit here is lietter than at either the Roxy or Par. Holdover of 'Fast and Loose' at the Criterion, out tonight (Wed.), Is very good at $7,500, or close, while both 'Blackwell's Island,* at the Globe (3d week), and 'Pygmalion,* Astor incumbent (15th week), are both sturdy, $9,800 and $9,500, respectively. New pictures include 'I'm From Missouri,', with Charlie Barnet's band, Dorothy Laniour and Mischa Auer, at the Paramount today (Wed.); 'Risky Business' at the Rialto and 'I Was a Convict' at the Criterion also today (Wed.); 'Sergeant Madden,* Capitol, tomorrow (Thurs.); 'You Can't Get Away With Murder,* with Jimmy Dorsey, at the Strand Friday (24) and same day, 'Hound of Baskcrvilles,* at the Roxy. 'Love Affau:,' "Three Smart Girls,* 'Blackwell's' and 'Pygmalion' are the holdovers. Estimates for This Week Astor (1,012; 25-40-55-65)— 'Pyg- malion* (M-G) (15th week). The Gibraltar of run pictures, at least $9,500 is. looked for this week fol- lowing $10,500 the prior lap (14th). 'The Mikado* (U) is to follow here, but no date as yet set Capitol (4,520; 25-3S-55-85-$1.25)— 'Ice Follies' (M-G). Another snub for Joan Crawford; $18,000 tops, and. one week is all the picture gets. Last stanza, "Let Freedom Ring* (M-G). .'^19.000. 'Sergeant Madden* (M-G) comes in tomorrow (Thurs.). CriUrion (1,662; 25-40-65)— 'Fast and Loose* (M-G) (2d-flnal week). Hit $10,000 the first week and on the holdover very good at possible $7,- 500, best money-maker this house has had in a long, long time, Globe (1,274; 25-40-55)— 'Black- well's* (WB) r3d week). On the strength of $9,800 this week (3d) will be held over. Last week (2d) was SI*" nno. handsome. Palace (1,700: 25-35-55)— 'You Can't Cheat Honest Man' (U) (2d run) and Grand Illusion' (World) (2d run), dunled. This brace should get about ^8.500 on week endlnc . tonlpht (Wed.), pretty good. 'Tail Spin' (20th) (2d run) and 'Everybody's Baby* (20th) (1st run), coupled, $6,800 in six days, weak. Paramount (3.664; 25-35-55-85-99) — 'I'm from Missouri' (Par), with Charlie Barnct band, Dorothy La- mour and Mischa Auer in oerson. onened here today (Wed.). 'King of Chinatown* (Par) (l.st week) and Chick Webb-Ella Fitzgerald com- bination (2d week), cndims last night (Tues.), got S28.000. a - little profit 'Never Say Die* (Par) last 'week; with Webb and Fitzgerald, $30,000. also a little coin for the right side of the ledger. Radio City Music Hail (6.980: 40- 60-84-90-$1.65)— 'Love Affair' (RKO) and stage show. A miehty buslness- j^etter, $100,000 or close, smash tak- ings for this time of year. Holds. Last week, second for 'Stagecoach' (UA). $60,000. a bit of black. Blalto (750: 25-40-55)— 'Risky Busi- ness* (U) opens today (Wed.) after week of two .reissues, 'Star at Mid- niehf (RKO) and 'Lost Patrol* (RKO), which got $6,000. 'Secret Service of Air' (WB) prior week got only $5,800, mild. BlvoU (2,092; 25-55-75-85-99)— .! Smart Girls* (U). Things are hununing here to tune of big $40,000, best for theatre in more than two years. 'Spirit of Culver' (U) was in for nine days, getting $10,000. Boxy (5,830; 25-40-55-75 )— 'Little Princess* (20th) and. stage show (2d- flnal ' week). Shirley Temple's '.;iught this time is anything but strong; this week on holdover, $34,- 000, not big, but comparatively bet- ter than a little under $40,000 for the first seven days^ On the fortnight moderate profit. State (3,450; 35-55-75)— 'Idiot's De- light' (M-G) (2d run) and George Hall orchestra. The. cashiers aren't asleep here this week with $27^000, or more, pouring In, very good. liast week they had Tittle to do punching out tickets for only $15,000, poor, wiih "Tovper Takes Trip' (UA) (2d run) and vaude show topped by Kitty Carlisle. Strand (2,767; 25-40-55-75-85-99)— 'Oklahoma Kid* (WB) (2d-flnal week) and Will Osborne and Sheila Barrett (3d-flnal week). Cagney on a horse means $28,000, or bit better this week (2d), good. The first week of 'Kid,' which was the second for the Osborne-Barrett combination, was $37,000, not terrific, but very satisfactory. CAGNEY $10,000 IN SLOW BUFF. Buffalo, March 21. 'Oklahoma Kid' on dual card at the Century is due to reach a gross which will equal and maybe top everything else in town. Figures elsewhere are in the cellars. Neither 'Cafe Society' at the Buffalo nor 'Ice Follies' at th* Lakes showing much activity. Estimates for This Week Buffalo (Shea) (3,500; 30-35-55)— •Cafe Society* (Par). Waltzing slowly , to so-so $10iOOO. Last week, 'Wife, Husband* (20th) and Ted Lewis, best in weeks with $19,000. Century (Shea) (3,000; 25-35)— 'Oklahoma Kid' (WB) and 'Torchy Blane' (WB). Cracker jack $10,000 or over. Last week,. 'St. Louis Blues* (Par) and 'Boy Trouble* (Par), fair $5,700. Great Lakes (Shea) (3,000; 30-50) —'Ice Follies' (M-G), So-so $8,000. Last week, 'Stagecoach' (UA), okay $9,000. Hipp (Shea) (2.100: 25-40)— Tall Spin* (20th) and 'Jones Family* (20th). Mild business at $6,000 pace. Last week. 'Three Musketeers* (20th),. only fair $6,200. Lafayette (Ind.) (3.300; 25-35)— 'Culver* (U) and 'Last Warning* (U). Not showing much. Medium $6,000. Last week, 'Let Live* (Col) and 'Flight to Fame* (Col), fair $6,500. mCHCOMBER' $5,600; OKLA. Cin OFF KEEL Oklahoma City, March 21. 'Beachcomber* doing okay, slightly over average, while others are so-so. State theatre slips into summer pol. icy early, starting first of hot weather series of double-bills. Both good for too double-bill coin. Criterion (Stan) (1,500: 25-35-40)— 'Beachcomber* (Par). Set for $5,800, not tops, but better than average. Last week. 'Honolulu* (M-G) skidded to S4 500, n.s.p. ■ Liberty (Stah) (1,200: 20-30)— -'Lost Patrol* (RKO) and 'Star of MIdnleht' (RKO) (rp-lssue). sollt with 'Lost WarniP"?* 'U) and 'Every- body's Babv* (20th >. Better then average $2,800. Last week. 'Arizona Lepion' (HKO) and 'Great Man' (RKO). -snlit with Torchy China- town' (WB) and 'Pardon Nerve* (20lh). Sl,800, bad. First pair jerked dav early. Midwest (Stan) (1,500: 25-35-40)— 'Win's Navy' (WB). Can't see over low S4.100. Last week, 'Pygmalion* (M-G) very nice $5,500. Plaza (Stan) (750: 25-35-40)— 'Pygmalion* (M-G) on moveover from Midwest. Good $1,800. Last week. 'Honest Man* (U) on move- over, bad $1,300. State (Noble) (1,100: 20-25)— 'Western Jamboree* . (Rep) and 'Wonc, Detective* (Mon). Good $2,500. Last week. 'Let Live' (Col) under average for 40 cents too ad- mish and .'Ingle bill with bad $» 500. Tower (Stan) (1.000: 2S-35-40)— 'Honolulu' (M-G) on moveove'* from Criterion. Below avernee $2,100. Last week. 'Okl.ihoma Kid' (WB) (2d wk>, bad $1,800. VARIETY PICTURES Wednesday, March 22, 1939 FILM SHOWMANSHIP Preems Away From H'wood Costing Three Stnifios Around lOOG Hollywood, Uarch 21. Three major studios tossing pre- inj«res and special location previews within the next few weeks— 20th- F6x, Warners and Paramount— will spend an estimated aggregate of $100,000 for extravagant exploitation features. Preems of 20th's 'Alexander Graham Bell' at the San Francisco exposition and at Washington, D. C, • March 20; Paramount's 'Union Pa- cific' at Omaha, April 28, and War- ners' 'Dodge City' at Dodge City, Kan., April 1, have created intense rivalry among these companies and raised the exploitation ante to the limit in plans to put on most im- pressive shows. All are running special trains, among other features aimed to grab top news and ntag writers and pres- tige, which In turn has resulted in frantic expansion of originally more modest plans. Warners at this writing has Gpecial train of 11 coaches lined up on Santa Fe from Los Angeles to Dodge. City, and others going from New York, Kansas City and Okla- homa City. 20th-Fox has chartered 10-car train on Southern Pacific, with overflow going into two or three ad- ditional coaches on regular night trains for 'Graham Bell,' first picture to be shown in Exposition theatre. Paramount is dragging its historic old Union Pacific museum train to Omaha, with coaches for stars, ex- ecutive personnel and crews to op- erate equipment at celebration in Nebraska. Rivalry became intense between 20th and Warners for assignment of news and feature writers of top rank to their respective jaunts, because dates come so close together. 20th . entrains its mob to Frisco on Tues- day, returning next day, while War- ners special leaves Ifere on a Thurs- day for five-day period coming and going to Dodge City. HARRIS SCORES STRIKE WITH VISITING BOWLERS Cleveland, March 21. Milt Harris, manager of Loew's, has installed a regulation U. S. post- offlce mail box in the lobby of the theatre. Idea of accommodating the large number of out-of-towners who are here during the eo-day national bowling tournament was readily acted upon by the local postal au- thorities. Visitors find the box . handy for dispatching mail in the evenings. Harris also is providing visiting bowlers with free score cards bear- ing the theatre advertising. Tour- nament attracts 150,000 visitors from all sections of the country. By John C. Flinn Quick, , the Aspirin! He's Seen 5,000 Fix Philadelphia, March 21. Metro exploiteers, to plug 'Hono- lulu,' arranged a stunt which got good space in the local papers and which can easily be adapted to any pic in any town. Interviews were arranged for crix and feature writers with Henry Kahan, manager of the Savoia thea- tre, where 'Honolulu' was booked. Kahan, vet in the biz, was built up ss the 'man who has seen 5,000 fihns.' Angle was that 'Honolulu' was to' be -number 5,000. Femme Patron Writes Ad For 'Honolulu' Holdover Oklahoma City, March 21. First ad on 'Honolulu' (M-G) moveover to the Tower, after a week at the Criterion, was titled: 'An Oklahoma City Fan Wrote This Ad for Honolulu' and followed by a boxed hand-written' paragraph signed by a local woman: 'I have seen 'Honolulu' and I want you to know bow' much I enjoyed it It was grand entertainment with marvelous dancing and swell com- edy. I'm glad it's ru'nning a second week so my friends can see it' Boxoffice wham for the fifth consecutive time of a Deanna Durbin starring picture is a practical demon- stration of showmanship that turns talent into dollars. Benieficial reactions to the series of Durbin films ex- tend far beyond the ramifications of Universal and the production unit of Joseph Pasternak, who, with Henry Koster, is chiefly responsible for her pictures. The girlish Miss Durbin within three years has become an important financial figure in the industry. At the pay wickets of thousands of theatres which play her films the public has laid down in dimes and quarters a sura that runs into millions of dollars. With other millions in sight Her fihns consistently have lieen outstanding and rate classification among the best Her personal popu- larity has grown rapidly. Mention of her films sug- gests how adroitly Pasternak and the studio have bridged her career from a child to a young woman. She has developed as an artist: and as a personality; and yet she has retained the freshness and youthful spirit of her earlier pictures. Roles selected for Miss Durbin, starting with 'Three Smart Girls,' ' have been progressively ageing. ' In order, the others have been '100 Men and a Girl,' 'Mad About Music,' 'That Certain Age' and Three Smart Girls Grow Up'. Few Hollywood stars can point to a list as rich in good story material (and financial gain) over so short a period of time. Shirley Temple and Mickey Rooney, among young players, lead her at the boxoffice, but Miss Durbin is coming fast A7FEAIS TO FAMTT.Y TEASE She is a valuable piece of motion picture merchan- dise. She appeals to ' the biggest money group in American life — the family trade. It is. with some wonderment, therefore, that one observes that Universal is training Miss Durbin for the 'glamour' market Advertisements for the 'first- run showing at the Rivoli (N.Y.) of "Three Smart .. Girls Grow Up' declare the young woman appears in 'her first glamorous role'. Frank S. Nugent, in the N. Y. Times, writes, To suggest that this 'teenish miss is glamorous, with a leer ringing the word, is not simply stupid but obscene; if we had any authority over the matter we'd wash the culprit's mouth with soap and make him wait for an hour for a rinse.' In view of the smash theatre business done by the Misses Temple and Durbin and Master Rooney, it would appear that the dollar mark emphasis which is g^ven to 'glamour*, so-called,' is greatly misplaced. And yet film publicity for years has been directed towards exploitation of the glamorous as if the very existence of the indust^ depended upon it If anyone doubts the statement let him take a look at the current fan magazines, also so-called. Now it would be impossible for these publications to thrive without the cooperation of the major film com- pany publicity departments: It is from these sources they obtain photographs and interviews. Some of the companies advertise in the publications, but such sup- port is Incidental to the publicity gold-mine. There aire some gems of showmanship appeal in the April' issues. For instance, in Modern Screen, which is said to have the largest circulation of the group, the cover screams with the following headlines 'Hedy Lamarr Has Had Too Much Ecstasy!' 'Deanna Talks— For Girls Only*. The fact that the articles accompanying these head- lines are quite innocuous, silly and flat, nevertheless they do not remove the Implications of the titles. As the spieler at the side-show says, 'What yoii see on the outside is nothing compared 'to what is on the inside'. Glhnpse through the editorial and pictorial text for enlightenment There's an article, for in- stance, credited to a young woman who says she is Robert Taylor's secretary. Here's an excerpt 'For the most part, he (Taylor) doesn't have callers in his dress- ing room, for he likes to.relax. I've never . yet seen a woman In the suite. In this room, also, I perform my duties. I can just hear some girl saying, 'Well, If per- forming your duties with> Bob Taylor on the coiich behind you comes under the head of work, ril eat it!' On another page. Miss Lamarr, explaining to a writer named Lon Murray how she was tricked iiito playing a scene in 'Ecstasy', declares, 'In my ignorance, I was won over.' He adds, 'A girl of good circum- stances, little more than a child except in body, has little experience with the world and its panderers. After all, she thought the sequence might not survive, the cutting-room.' Most other fan publications oifer similar type of editorial text . There must be a moral to all this— and there is: Tliat Deanna Durbin has made wonderful progress up to this point in her career without being 'glamorous'. Indians at % P/ Opening To Make Parking Tough Hollywood, March 21. In addition to Cecil B. DeMille and many of the stars in his latest Para' mount picture, 'Union Pacific,' who will visit Omaha, there will also be tribes of Sioux and Cheyenne In' dians attending -Uie premiere on April 28. Parking space of the Omaha Union station, about tliree blocks long, will be converted into an Indian stockade of 75 years ago. Living, cooking and working about, their tepees will be the Indians whQ appeared in the film. The tribe will occupy the stockade three days, April 26-28, dur- ing the civic celebration coincident to the world premiere of the film, which co-stars Barbara Stanwyck and Joe McCrea. Combination of old-time circus methods and modem motion picture merchandising will be vaed to aC' quaint the public with the approach of the special train which will bring members of the cast to Omaha. Cliff Lewis and Jack Dailey, of Paramount's west coast advertising staff, and Carl Kreuger, of the N. Y. staff, will go out in advance of the train when it proceeds to New York, with a special theatre trailer, hand bills, one-sheets and window cards, all in circus style. Lewis and Dailey will work as far east as Toledo, Indianapolis and Cin- cinnati, with Dailey about two weeks in advance of the train and liCwis just ahead of it Alex Moss and Kreuger will similarly work cities along the eastern coast F&M Using Billboards For Al Pearce Return to St. L. St Louis, March 21. Fanchon 8c Marco is. using plenty of paper to exploit this return en- gagement of Al Pearce and his Gang for one week, April 2, at the 5,000- seater Fox. Pearce broke the house record a year ago in the same house, when he attracted approximately $38,000 to the b.o. during a one-week stand. Posters have been spotted in advantageous places within a 100- mile radius of St Louis, the paper supplementing radio tieups, etc. At WTMV, East St Louis, FfitM engineered an essay, 'Why I Like Al Pearce's Programs' contest whereby two pairs of - ducats are awarded daily for 10 days in advance of Pearce's opening. KSD, the NBC outlet here that carried Pearce's pro- grams, is- used for spot announce- ments. WB-NBC ARRANGE DODGE CTTY' AIRING Chicago, March 21. Deal has been arranged between NBC and Warner Bros, for a coast- to-coast spread for premiere of 'Dodge City' flicker in Dodge City on April 1. Jules Herbuveaux, program man- ager for NBC central division,- is sehdiiig a crew out to the western burg for the pick-up which will ride over the blue at 8 p.m., EST. Clem NcCarlby's Busy Publicity Week in Wash. Washington, March 2L . Ray Bell, local Loew ballyman, and Eddie (Foo Young) JaSee tout dolls of Shirley Temple were printed with a co-op ad of a local milk company and distributed with deliveries. Comments by other stars and Hollywood personalities were spotlighted on a special trailer and run the week previous in other downtown Standard Theatre houses, while 20,000 door-knob cards were placed in hotels, downtown offices and part of the local residence dis- trict The local 20th-Fox exchaoge also provided a limited quantity of the souvenir programs from the Carthay Circle, L.A., premiere of the picture, which were handed to opening night patrons. Can't Take It with You, But Can Tou Take It? SeatUe, March 21. Sterling Chain (John Danz) is starting a 'personal indignity con- test' at Palpmar, this being a stage stunt every Wednesday night and open to the folks that can take it It's called 'Can You Take It?' <3ash awards of $5 are made for each of the three of four stunts pulled weekly, Jerry Ross is the m.c. He asks for volunteers from the audience. There was some "planting' for opening week, when Uie stunts included nail driving by women, then by men,' and hair cpts by 'ams,' which lead to some funt^ jobs; all for $5 to the faistest Wednesday, March 22, 1939 PIGTORE GROSSES VARIETY Honest Man'-Kemp $28,000. Philly; 'Mair' $17.000, 'Cafe Poor $9,000 Philadelphia, March 21. They'M shopplngjtor their P,lx In Phffly this week. B.o.'b run aU the way from downriat punk up to JiAeroo. Easily ft the top oi the lirt aeain is the Fox under its new vaudrnm policy. Combo_this sesh is •You Can't Cheat an Honest Man' and Hal Kemp's orch, winning great 128 000. Likewise clicking s&on^ly L 'Love Affair' at the Soyd with tlTOOO in store and almost sure, of another lap around. At the other end of the scale, and ■ disappointment, is 'Cafe Society' It the Stanley, getting under W.OOO. very poor. Pic went into the house as an afterthought when 'Ice Follies' failed to mesh and was unable to hold for the two weeks hoped for. Three Smart Girls,' opening on Fri- day (24) was supposed to be the next '"'.SotSer weakle, although gaining fome momentum, is 'Prison Without Bars' at the Aldine. It opened Sat- urday (18) after "King of the Turf' was held for an extra day because Si booking troubles. Unless the raught gets really strong. 'Prison' will oe turned out In six dajrs with around $6,500 to fi«t the house back 6n Friday policy. 'Third of a Na- £on' at the Palace Is doing nicely at 16,000. BsUmatos fof Thla Week Aldine ri^) (1,808: ja-42.B7) — Triaon Without Bars' (UA). Book- jjig difficulties set this back to Sat- uraay opening, which was weak, al- Mugh it picked up some speed on junday and Monday. However, at 16,500 in six days. It will probably So out on Thursday to get the house ack on schedule, umess present tr6ubles in obtaining other product aren't ironed out Last week, same problem of product gave "King Turf (UA) an undeserved extra day, winding it up with $7,600 for the tight-day period, n.s.h. Boyd (WB) (2,360; 32-42-57) — Xove Affair' (RKO). Pounding along at a nifty rate for $17,000 and almost certain of another session. Last week 'Little Princess' (20th), under $12,000, bad. Esrle (WB) (2,768; 26-32-42) — Ylunga Din' (RKO) (3d run). 'Once ^e prima donna of the downtown |[ros8ers, Earle now Is last center- city run, clicking oft $8,600 this week, Sot so bad considering. Last week, %ach Other' (UA) (3d run), so-so $7,B00. F« (WB) (2,423; 32-37-42-57-68)— Tlonest Man' (U) and Hal Kemp orch on stage. Holdine up nicely the terrific grosses with which ft ■tarted its new combo policy four weeks ago, getting $28,000 this turn, eocko. Last week, 'Oklahoma Kid' (WB) with Vincent Lopez, Betty Hatton and Patriola Xlus on the boards, profitable $24,000. _ KarHon (WB) a,0fl6; 32-42-57) — •Stagecoach* (UA) (2d run). Gal- lopping along nicely at better than $4,000. Had two weeks at the Aldine previous. Last week, "Wife. Hus- band' (20th) (2d run), $4,600, very fine. Keith's (WB) (1,870; 32-42-57) — *Ice^ Follies' (M-G) (2d run). Re- peating the skid It did on first run ft les than $4,000. Last week, 'Pari- ng Daughter' (WB) (2d run), okay Palace (WB) (1,000: 26-42)— Third of Nation' (Par). Helpful reviews pushmg this to lush $6,000. Last week, 'Saint Strikes Back' (RKO) hot bad at $5,500. ^Slamley (WB) (2,016; 32-42-57) — "Cafe Society* (Par). Giving this big £?S5S **** aspect of a morgue with W,000, very poor. Only in as a fill, however, to Uke up the second week which failed to materialize from 'Ice Follies' (M-G). Latter In Its single lap did little better than $12,500. TTiree Smart Girls' In Friday. Stanlen (WB) (1,457; 2«-a2-42) — ^ng Chinatown' (Par). So-so at |5,000. Last week, 'Culver" (U), sad ma^-WEST $29,000, DARLING' 19G, B'KLYN .„ Brooklyn, March 21. AH roads In City of Churches this ■ lr"^'®a'> *o Fabian Fox where Mae West is heading stage show and |S;««n,.,has 'Persons In Hiding.' House tilted b.o. prices for this week "nly, and is getting fine daytime re- i"^ saUafactory, reaction at 2s» • • Excellent exploitation cam- paign m advance of Miss West's ar- K» T n« home town was put on Joe Lee. «.9j''*r l'ay b.0. but competish Sjoijl'- Paramount is holding 'Yes, SJ?^„^arling Daughter' and "Lone r«c.^Si^Py,^""t' second week to nice resmts. ^ Loew's Metropolitan with Made for Each Other' and *12 h^Ji^ded Hours' wiU d6 satisfac- Ch^^i A*''ee strong with 'You Can't fr.'iea' Honest Marf and 'Grand Il- lusion.' strand mild. „„V*nty vaude In Brooklyn, but uone In downtown area, except for (Continued on page 30) Key City Grosses Estimated Total Gross Ilils Week ...... $1,6S3,16« (Based or 27 ciHet, 183 thea- tres, chiefly first runs, Includlna N. T.) Total Gross Sam* Week LastTeu-... $l,a!«,£M (Based:on23 cities, 164 theatres) 'Mair/ Fields, 1^/26 Each, Top Hesdthy Cincy Cincinnati, March 21, Improved produ(it and favorable week-end weather have current grosses on the upbeat. Xove Affair' at the Albea and 'You Can't Cheat an Honest Man' at the Palace are neck-and-neck for front mon^, with okay figures. 'Yes, My Darling Daughter,' at the Shubert, also is chalking up a winning number. 'King of Turf Is a fair tugger for Keith's. Lyric's 'One Third of a Nation' Is a brodie. Estimates for This Week Albee (6KO) (3,300; 35-42)— liOve Affair' (RKO). Okay $11,500. Last week, ' 'Cafe Society' (Par), fairly good $10,000. Capitol (RKO) (2,000; 38-42)— 'Cafe Society' (Par) (2d run). Light $3,500. Last week, 'Little Princess" (20th) (2d run), pitiful $2,500. Family (RKO) (1,000; -20-30) 'Slave Ship' (20th) and 'Six-Gun Trail' (Ind), spilt with 'Ambush' (Par) and 'Silver Sage' (Par). Nor- mal $2,200. Last week, 'Homicide Bureau' (Col) and liOng Shot' (GN), split with 'White Woman' (Ind) and 'Miss X' (Rep), big $.'<,000, theatre's best biz in months. - Grand (RKO) (1,200; 25-40)— 'Can't Take If (Col) (revival). Okay $2,800. Last week, 'Each Other' (UA) (3d run), fair $2,500. Keith's (Libson) (1,500; 35-42)— 'King of Turf (UA). Filr $4,500. Ditto last week on 'St Louis Blues' (Par). Lyric (RKO) (1,400; 35-42)— Third of Nation' (Par). Bad $2,500. Last week, 'Boy Trouble' (Par), $2,000, in tlie cellar. . ■ Palaee (RKO) (2,600; 35-42)— 'Honest Man' (U), Okay $11,500. Last week, 'Freedom Ring" (M-G), eight days, slow $8,000. Shnbert (RKO) (2,150; 36-42)— 'Darling Daughter* (WB). Good $8,000. Last week, 'Beachcomber* (Par) (2d wk), fair $4,500. Tyg' Dual $15,000 In Prov.; Daogbter' Slides, Rest Stron]^ Providence, March 21. 'Pygmalion' leading State to swell week. Other houses nearly aU doing better than average. RKO »bee boosting b.o. with addition of WPRO's Housewives' Serenaders or- chestra Saturdays and Sundays. 'Darling Daughter' only so-so. Estimates tor This Week Albee (RKO) (2,000; 26-35-40)^ 'Wharf (RKO) and 'Beautv for Ask- ing' (RKO) with Housewives' Sere- naders on stage Saturday and Sun- day. Peppy $8,000. Last week, 'Honest Man' (U) and 'Secrets Nurse' (U) (2d wk). fair $3,500. Carlton (Fay-Loew) (1,400; 25-35- 50)— 'Oklahoma Kid' (WB) and 'Secret Service' (WB) (2d run). Stepping along to nice $5,500. Last week, 'Stagecoach* (UA) and 'Pride Navy' (Rep) (2d run), hefty $6,500. Fay's (Indie) (2,000; 25-35-40)— 'Mr. Moto' (20th) and vaude. Clos- ing of Playhouse, in-and-out vaude house, helping for swell $7,300. Last week, 'Alexander's Band' (20th) (re- vival) and vaude, fair $5,000. Majestic (Fay) (3,200; 25-35-50)— 'Darling Daughter' (WB) and 'Jane Arden' (WB). Failing to attract for so-so $6,000. Last week, 'Oklahoma Kid' (WB) and 'Secret Service' (WB), grand $9,000. SUte (Loew) (3,200; 25-35-50)— 'Pygmalion' (M-G) and 'Whispering Enemies' (Col). Paced at neat $15,- OOO. Last week, 'Ice Follies' (M-G) ahd 'North China' (Col), breezy $12,- 500. Strand (Indie) (2,200; 25-35-50)— 'Let Live' (Col) and Third of Na- tion' (Par). Pulling strong $8,000. Last week. 'Cafe Society* (Par) and 'My Son' (Col), nifty $7,500. 'PYQ' ni/zG, MONTREAL Temple Very Good $B,OM— 'Cafe* Dnal $5,eM, Bltses BUM Montreal, March 21. Powerful $11,500 gross coming up on 'Pygmalion' at Loew's which has quit vaude and gone plx In big way. Temple opus at Palace also a comer at $8,000. Estimates (or This Week Palaee (CTT) (2,700; 25-45-55)— ■Little Prtacess' (20th). Very good $8,000 in sight Third session of 'Gunga Din' (RKO) last week got satisfactory $5,000. Capitol (CT). (2,700; 25-45-55)— 'Cafe Society' (Par) and Third of Nation' (Par). Aiming for $5,000, good enough. Last week, 'Honolulu' (M-G) and 'Dr, Meade' (Col), fair $4,800. Loew's (Crr) (2,800; 30-40-60)— 'Pygmalion' (M-G). Big ballyhoo plus gala opening paving way for socko $11,500. Last week, 'Storm Bengal' (Rep) and Dave AppUon re- vue, okay $6,000. Prlneeas (CT) (2,300; 25-34-50)— 'Three Musketeers' (20th) and 'Chan in Honolulu' (20th). Cannot see l>etter than $3,000, middling. Last week, 'Wings Navy' (WB) and Torchy CHiinatown' (WB), so-so $2 800 brpheiun (Ind) (1,100; 25-40-50)— 'Stagecoach' (UA) (2d wk.). Sight- ing good enough $2,500 ' after nice $3,800 last week. Cinema de Paris' (France-Filih) (600: 25-50)— 'L'Aflaire Lafargue.' Lent denting French bouses. Bare $1,600. Last week, 'Le Patriote' (3d wk.) off to $1,000. St Denis (France-FUm) (2,300; 20-34)— 'Courier de Lyon' and 'Mar- raine du Regiment' At $4,500, good enough. Last week, 'Prisons Femmes' and 'Gargousse,* $4,800. lOVE AFFAIR,' VAUDE $14,000 TOPS BALTO Baltimore, . March 21. Biz just fair here, during pre- Easter lull. Leading town in nice style is combo Hipp, with 'Love Af- fair* tied to pleasing vaude layout 'Stagiecoach,' at Loew's Century, off to .a- good opening, holding up stead- ily. Fair measure of response being meted out The Oklahoma Kid' at the Stanley. Estimates for This Week Century (Loew's-UA) (3,000; 15- 25-40)— 'Stagecoach' (UA). In shape to hit $11,000. Last week, 'Pyg- malion' (M-G) cashed in on skillful exploitation and smart handling with big $14,400. Hippodrome (Rappaport) (2,205: 15.25-35-40-55-66) — 'Love Affair' (RKO) plus vaude. Taking the town's lead with viery steady flifiOO and indicating h.o. Last week, 'Blondie' (Col) and vaude, halting $9,900. KeKh'a (Schanberger) (2,406; 15- 25-35-40) — Vafe SocIeW' (Par). Opened today (Tuesday). Last week, 'Blackwells Island' (WB) not much at $3,800. New (Mechanic) (1,558; 15-25-35- 65)— 'Little Princess' (20th) (2d wk). Holding, fairly well on strength of day time reaction. Adding $4,000 to nice opening take of $7,200. Stanley (.WB) (3,280: 15-25-35-40- 55)— 'Oklahoma Kid' (WB). Getting tair action to $7,000. Last week. Darling Daughter* (WB) (2d wk) fell down at $4,200 after satisfactory Initial session to $9,800. 'Mair' L A. Leader at $30,000, Cagney Big $25,500; W Weak, W Does So with Record Low Broadway Grosses Estimated Total Gross , This Week... $317,300 . (Based on 12 theatres) Total Gross ISane Week Last Year. $242,404 (Based on 12 theatres) Tsui Sp -Kyser WaHoping $47,000, Detroit: Tyg OK Detroit March 21. Best biz in four years is the word at the Fox, as Kay Kyser's 'College of Musical Knowledge,' with Tail Spin' pushes spofs gross to near all- time record proportions. 'Pygmalion,' accorded a brisk buildup, looks set at the United Art- ists, while 'Made for Each Other' plus 'Secret Service of the Air,' at the Michigan, gives town its best fare in long time. Estimates for This Week Adams (Balaban) (1,700; 30-40)— 'Service de Luxe' (U) and 'Newsboys Home' (U). On eight days, register- ing $5,500. Last stanza, trimmed to six days, 'Charlie Chan' (20th) and 'Arizona Wildcat' (20th), $3,700,' light ■ Fox (Fox-Michigan) (5,000; 30-40- 65)— 'Tail Spin' (20th) . and Kay Kyser's band on stage. Strictly on latter's pull, house is headed toward neighborhood of all-time house rec- ord with $47,000, aided by additional Serformances on Saturday and Sun. ay. House's best biz in four years. Last week, 'Wife, Husband' (20th) plus vaude, mournful $11,000 in face of sleet storm. Michigan (United Detroit) (4,000; 30-40-65)— 'Each Other* (UA) plus 'Secret Service' (WB). Paced for good $16,000. Last week, 'Darling Daughter' (WB). and 'Let Live* (Col), $15,000. Palms-Stato (United Detroit) (3,. 000; 30-40-50)— 'Darling Daughter' (WB) (2d run) plus 'One Third Na- tion' (Par). Former opus moved here from Michigan, following strong bally on censorship in N. Y., and figures to grab nice $8,300. Last weefc^ 'Stagecoach* (UA) (2d run) and 'Torchy Blane Cbinatown' (WB) strong $9,000. Vdted Artlsta (United Detroit) (2,000; 30-40-68>— l^gmalion' (M-G). Accorded hefhr buUdup and should fet good $13,500 and probably hold, last week, 'Freedom Ring* (M-G), $8,000, bad. 'dda: Kid' $14,00a life -Lopez Ditto, Cleveland; Tollies' So-So Cleveland, March 21. Takes holding up fairly well. One of the two best money-makers is Vincent Lopez band coupled with 'Wife, Husband and Friend" at Pal- ace. Following Kay .Kyser, who socked up a new attendance record last week with a great $37,000, cur- rent combo is handicapped but still climbing day and night consistently. Neck-and-neck is 'Oklahoma Kid' wliich is corraling evening trade but losing on femme matinees. State is a bit off with 'Ice Follies of 1939' while 'St Louis Blues' runs along at Stlllman at average pace. Kyser date last week was so en- couraging, making Palace swine- minded for a change, that Nat Holt penciled three more bands nearly m a row. Vincent Lopez in cur- rently,' followed by Larry Clinton Friday (24). Tony Martin, singer, is the exception for Holy Week with Artie Shaw due April 7. Estimates for This Week Alhambra (Printz) (1.200; 10-20- 35)— 'My Son Criminal' (U) and 'Lit- tle Pal' (revival). Neat $2,000 for four days. Last we^. 'Rislqr Busi- ness' (U) and 'ProL Mamlock* (Ind). full week, ?ood $4,200. Allen (RKO) (3.000; 30-35-42-55)— Beachcomber' (Par). Satisfactory second stanza, $3,500, after shift from Hipp and swell notices. Last week, 'Culver' (U), just mUd, $2,000. Hipp (Warner) (3,700; 30-35-42.65) —'Oklahoma Kid' (WB). Can't catch any afternoon crowds, but has a punch evenings worth $14,000, in- dicating move to Allen. Last week, 'Beachcomt>er' (Par) was pushed up by shrewd promotion and news- papers to $12,000, more than ex- pected. Palace (RKO) (3,200; 30-35-42-55) —'Wife, Husband* (20th), plus Vin- cent Lopez band on stage. , Doing only eight-cylinder business but since it's a low-budgeted show, $14,000 will give house a nice profit Last week, 'Darling Daughter* (WB) and Kay Kyser provided winter's most excitement Doing six shows daily. Kyser brought out cops to handle sidewalk crowds and was a dailv sell-out that added up to $37,000. Kyser drew 7,000 more patrons than Mae West, but at a dime a throw less, leaving the latter with the dollar record. State (Loew's) (3,450; 30-35-42-55) —'Follies' (M-G). Draggy opening and not much press assistance, but at $13,000 still okay. Last week. 'Cafe Society' (Par) was walloped by opposish, earning fair $10,000. Stlllman (Loew's) (1,972; 30-35-42- 55)— 'St Louis Blues' (Par). Sing- ing in minor key to tune of $3,500. Last week. 'Stagegoach* (UA) '. on h.o. was a honey at' $6,000. Los Angeles, March 21. With a combined $30,000, 'Love Affair' at the RKO and Pantages Is asserting itself as the town's leader. Will holdover. At the Warner houses 'Oklahoma Kid' Is giving the Irene Dunne- Charles Boyer opus a close chase by ringing up a nifty $25,500 combined. State-Chinese having a disappoint- ing week with 'Wife, Husband and Friend,' while the Paramount's 'Never Say Die' crawled through the poor- est week on record, and is being held for full seven days only be- cause Paramount is tmable to furnish a print of 'Midnight' before Thurs- day, regular change day. Stagecoach' combined moveover garnered $9,600, while 'Pygmalion* winds up after 12 weeks and three days. Estimates for Thb Week Chinese (Grauman-F-WC) (2,024; 30-40-55-75)— 'Wife, Husband' (20th) and 'Arizona Wildcat' (20th). Very weak $7,600. Last week 'Stagecoach* (UA) and 'Inside Story' (20th), okay $10,200. Downtown (WB) (1.800; 30-40-55- 65)--'OkIahoma Kid' (WB) and 'Jane Arden' (WB).. Pounding steadily to big $13,500. Last week Topper* (tJA) and 'Secret Service' (WB), very good $11,500. Four Star (P-WC-UA) (900; 40-55) —'Pygmalion' (M-G) (13th week). Final three days bringing added $1,- ' 000. Twelfth week, exrellent $2,000. 'Lady Vanishes' (GB) opens tomor- row (22). Hollywood (WB) (2,756; 30-40-55- 65)— 'Oklahoma Kld'.(WB) and 'Jane Arden' (WB). First week headed for excellent $12,000. Last week Top- per' (UA) and 'Secret Service' (WB), very profitable $11,000. Orphenm (Bdwy) (2,280; 25>30-35- 40)— 'Ambush' (Par) and 'Beauty for Asking' (RKO) plus vaudeville. Lucky it hitting $6,500. Last week 'Disbarred' (Par) and 'Flirting Fate* (M-G), another bloomer, slightly over $6,000. Pantages (Pan) (2,812; 30-40-55)— 'Love Affair' (RKO) and 'Last Warn* Ing'. (U). Headed for sweet $16,500, insuring holdover. Last week 'Hon- est Man' (U) (2d wk) and 'Wharf (RKO), very good $6,000. Panunonnt (Par) (3,595; 30 40-55) ^'Never S&y Die'- (Par) and stage show. Brutal $9,000. Last week 'Cafe Society' (Par) nine days, fair $12,600. BKO (2,872; 30-40-55)— 'Love Af- fair' (RKO) and 'Last Warning' (U). Nifty $13,500 and holds. Last week 'Honest Man' (U) (2d wk) and 'Wharf (RKO), very good $6,800. State (Loew-Fox) (2,114; 30-40-55- 76)— 'Wife, Husband' (20th) and 'Ari- zona Wildcat' (20th). Customary punch lacking. Poor $0,500. Last week 'Stagecoach* (UA) and 'Inside Story' (20th). very good $12,300. United Artiste (F-WC!^ 2,100; 30- 40-55)— 'Stagecoach' (UA) and 'In- side Story* (20th). Not as good as expected on moveover as $3,300 at- tests. Last week 'Little Princess* (20th) and 'Girl Downstairs' (M-G), satisfactory $3,600. Wlbhlre (F-WC) (2,296; 30-40-55- 65)— 'Stagecoach' (UA> and 'Inside Story' (20th). Drawing better here than at Its moveover day-dater (United Artists) with $6,300 the an- swer. Last week 'Little Princess* (20th) and 'Girl Downstairs' (M-G), bettered expectations by garnering $5,200. 'Kid' Paces So-So Seattle with $7,000 Seattle, March 21. 'Oklahoma Kid,' coupled with 'Bum 'Em Up O'Connor' at the Or- pheum, is wallcing away with b.o. leadership, somewhat upsetting ex- pectations by the show of strength. 'Ice Follies of 1939,' dual, isn't making much headway with a $5,000 take at the Fifth Ave., and the rest of the list generally is reflecting Lent; Estimates for This Week Bine Moose (Harorick-Bvergrecn) (850; 32-37-42) — 'Honest Man' (U)f and 'Wharf (RKO) (2d wk). Flv^ day week only, but going great gi:na at $2,800. Last week. 'Stagecoach' (UA) and 'Bulldog Drummord' (Par) (2 wk). eight. davs. $3,100. big. Coliseum (Hamrick-Evergreen) (1,- 900; 21-32)— 'Stand Up'(M-G) and 'Duke West Point' (UA). Slow 'j.v ing with $2,400. Last week, 'Ken- tucky' f20th) and •Goes My Heart' (UA), $2,300. poor. FU th Avenue ( H a m r 1 c k Evcr« green) (2,349; 32-37-42)— 'Ice Fj'lleS* (M-G) and 'Beauty for Asking* (RKO). Not making much headwry on $5,000. l^Bt vvcpk.i .'FnMdi'm (Continued on pafe4 30) ' ' ' ' 10 VARIETY PICTURE GROSSES Wednesday, Marcli 22, 1939 Cagney 18G, love Mair' $16,000, But Hot Spell Melts Rest of Frisco San Francisco, March 21. Although several of the llrst runs on Market street have unusually good boxolTice entertainment this week, biz is spotty. This is due main- ly to a spell ot hot weatier which has made most of the natives de- cidedly Fair-minded. Attendance at the Golden Gate Expo jumped ap- proximately 10,000 persons a day while the heat was on. This augurs well for the Expo during the late spring and summer months, but also tells another, but a sadder story, for the theatres which are certainly feel- ing the effects of the big $50,000,000 show. Top coin-getter this week is 'Okla- homa Kid' and 'Wile's Relatives' at the Fox, chances being good for smash $18,000. Next best is $16,000 for Irene Dunne-Charles Boyer com- bo in 'Love Affair' at the Golden Gate. Boyer's Sunday night radio series seems to be helping his draw. Estimates for This Week Fox (F-WC) (5,000; 35-55-75)— •Oklahoma Kid' (WB) and 'Wife's Relatives' (Hep). Adverse weather conditions and competisli from the Fair are no handicap; probably $18,000, very big. " Last week, 'Wife, Husband' (20th) and 'Persons Hid- ing' (Par) folded to $13,000. Golden Gate (RKO) (2,850; 35-55) — 'Love Affair* (RKO) and vaude- ville. .This house fares better with action stuff. However, house man- ager George Bole built up a good advance campaign and picture is faring very well at $16,000. ■ Last week, 'Flyme Irishman' (RKO) and vaudeville, okay $13,000. Orpheom (F&M) (2,440; 35-55)— •Culver* (U) and 'Society Smugglers' (U). Preview of Bing Crosby's new over from Its first -tanza at the In- dlana. Doing all right at $4,000. Last week, 'Wharf (RKO) and '12 Hours' (RKO), dismal $1,700. Circle (KaU-Dolle) (2,600; 25-30- 40)— 'Sudden Money' (Par) and Ted Lewis band on stage. Latter given credit for profltable $12,000 gross. Last week, 'Culver* (U) and 'Society Smugglers' (U), tepid $4,600. Indiana (Katz-DoUe) (3,100; 25-30- 40)— 'Love Affair' (RKO) and 'Great Man' (RKO). Former pic given m&jor billing. Good $7,500. Last week, 'Little Princess' (20th) and Everybody's Baby' (20th), okay $6,300. Loew'i (Loew's) (2.400; 25-30-40) — 'Huck Finn' (M-G) and 'Homicide Bureaii' (Col). ExceUent $10,000. Last week, 'Each Other' (UA) and 'Let Live' (Col), $7,500, good. Lyrlo (Olson) (1,900; 25-30-40)— Blackwells Island' (WB) and Eddy Duchin band on stage. Latter for- merly held house record. Asserting real strength in the face of highly competitive situation by clicking off a swell $15,000. Last week, 'Darling Daughter' (WB) and vaude head- lining Nick Lucas, $9,250, okay. picture. This Side of Heaven,' with Crosby in person, Just about saved the day. Neither of the other pic- Flu Hurts Birm. Biz Birmingham, Ala., March 21. A flu epideinic is. hurting theatre business In Birmingham and eu' virons.' Neighborhood bouses report, gi-eatest loss ot patronage. Juvenile pdtronage has particu- larly fallen off. Plunkett Takes PhiUy Legiter for "Spain' Pic Philadelphia, March 21. Erlanger theatre, legit house, will open Thursday (23) with a picture on a percentage deal in the absence of flesh bookings. Flicker Is 'Spain in Arms,' presenting the rebel side of the Spanish conflict Joseph E. Plunkett is operating. Top will be 57c., with the film run- ning continuously. Rooney Fme 9G, 'Mair,' Cagney OKinOKL'ville Louisville, March 21. Grosses are generally pretty healthy, and weather cool and dry which is all in favor of the film houses. Town quiet as far as com' Memorial Auditorium, both of which wound up their local engagements Saturday (11). Top grosser this stanza is "Huckle- l)erry Finn' on a 'dual at Loew's State, with 'Love Affair* also a two- some at the Rialto romping, along to cop second place. 'Oklahoma Kid' at the Mary Anderson showing tures seem to mean anything at the b.o. Crosby preview managed to get week*s take up to around $5,000. Last week, 'Honest Man' (U) and 'Son Is Criminal* (Col) (3d wk), $5,200. Faramonnt (F-WC) (2,740; 35-55' 75)— 'Cafe Society' (Par) and 'Am' bush' (Par). Biz way off at $11,000, due mainly to weather. Fair, etc. Last week, 'Freedom Ring* (Par) and 'Four Girls' (M-G) (2d wk), sour- $6,500. 'St FrancU (F-WC) <1,470; 39-55 75)— 'Wife, Husband' (20th) and ■Persons Hiding* (Par) (2d wk). Had expected more from this bill after moveover from the Fox. Poor $4,000. Last week, 'Pygmalion' (M-G) (4th wk) held up very well, closing to $5,500. United Artiste (Cohen) (1,200; 35- 65-65)— 'Each Other' (UA) (2d wk). With so much doing in town, per- haps it's shorter bills that click. Such is the case here, b.o. doing very well at $8,000. Last week, good $10,000. Warfleld (F-WC) (2,680; 35-55-75) — 'UtUe Princess' (20th) and "Win- ner Take AU' (20th). Expo is out to get the. kid trade with a series of 'dime days' on Treasure Island, which perhaps accounts for Temple in 'Tecnnlcolor not getting better than $11,000. Last week, 'Ice Follies' (M-G) and 'Secret Service* (WB), $11,000, under expectations. Island'-Dochin $15,000; Honey-Ted Lewis 12G, Huck' $10,000, Indpls. Indianapolis. March 21.. Keen competition among the first runs with strong attractions giving B good hypo to grosses in the down- town sector. Both the Lyric and the Circle are doing well with rival stage bands luring natives away from the straight film houses. Eddy Duchin linked with 'Blackwells Island' is keeping the vaudflim Lyric In front with the top gross of the week, although the spot week book- ing of Ted Lewis at the Circle with 'Sudden Money' is also managing to garner a comfortable gross in the runner-up position. Feeling this stage show ooposi- tlon a trifle, but still cornering a good share of the trade for a nifty gross is 'Huckleberry 'Finn* and 'Homicide Bureau* at Loew's. The Indiana also is sharing in tlie gen- eral prosperity with an okay take on 'Love Affair' and 'Great Man Votes,' while the moveover session of 'Little Princess' and 'Everybody's Bab"' at the smaller Apollo is perk- ing nicely enough to make the com- plete downtown setup a rosy one. Good weather, a bit of rebef from the recent smallpox snd flu epi- demics, and numerous week-end visitors from out of town for the regional high school basketball tournament neld here aided box- offices among the first runs over Satiurday and Sunday to an unusual extent Estimates for This Week Apollo (Katz-Dollc) (1.100; 25-30- 40)— 'Little Prlncfiss' f20th) and 'Everybody's Baby' (20th). Moved Is Entertainment Secondary? Extent to which non-entertainment 'attractions' are exploited in the film business at the present time is well exemplified by the following theatre ads from the columns of a St Louis newspaper: MELBA [INDIRHIA Vfelliil MK raWIU, "MMa HASCI." tmtiUMi ^WMT tF m iOITN" (fiMlMit Otiw). ••lUaM OF TIME"^ OMDUILU. •DESUUIffagi «F MDIMHOIMI" al IMIMMi imrwMii kHwa.'miRt FM IMC MCHIWr" ^IKFOSEO." MifdiafTlM. mm 5/lVOY SWEETilEilRr BEAUfrW/UIE FREE TO THE UOIESj INNERWAREl LEW AYRES. "SPRING IMDNESS'' •'OOWIMN AHRANMW.** MHtti.KTUit. sl'RGOM SERVICE" UMB* rAWBiLt. "aoAp TO mMO." INDjfriNDlNCt.'' lt>eiia(.1i|glni*Sin(Mf° n—l4 Mnu,' . . KED HI _ TMilf«tt."lll«t « Cmm KMy. "PMk'i ■•«•«! It Ow C !!.rffi'''''Kingeftliellnilerworid'^ nci ■ !i:r.,i:&"LAST ^press" ..... .O'FALLOH, lAOtH, AtHUN PAULIhC — SWEeTHEAflf ORCSSCI • eiNNIHWAIICI REI Mm MM >BRIEN ■UNOILL SUBMMINEPjgnOLf ''OFF THE RECORD 'i^W.tiEf DREiSERW/tn. PAT VBRIEN ..JOAN BLONDE lILtY LEE . LVHWE eVERMA" PM^joLf^ BHOW BTARra • P. M.- ^SE' IH« RECORD.*^ INBarTMELEBm"-- OHARLEB PA RREL^ "FLieHT TO FAWy tjbb lim TlMtilwl^ .VPtnml FlMil DrNHmnKktw NBWA y Bi nMtA Ann Shlrltr/'Min tt Rintmiwr.** LlltkT^iigli'GBytlii'SaeMy." Gwt. DSAHK W^MwOntM, yPniitttlM% plenty of b.o. activity, and will be well up in the profitable brackets when the week is counted up. Estimates for This Week Brown (Loew's-Fourth Ave.) (1.- 500; 15-30-40)— 'Fast and Loose' (M-G) and 'Four Girls' (M-G) (2d wk). Moved over from Loew's State, and holdine up well on the shift toward $2,300. fair. Last week, Tygmalion' (M-G). and 'Son Crlmi- nar (Col), on second downtown week, okay $2,400. Kentnoky (Switow) (900: 15-25)— 'C>3met Over Broadway' (WB) and 'Going Places' (WB). Around aver- age $1,800. Last week, 'Off Record* (WB) and 'Paris Honeymoon' (Par), ample $1,900. Loew's SUI« (Loew's) (3.100; 15- 30-40)— 'Huck Finn' (M-G) and 'Lone Wolf (Col). Current Rooney pic not rated with Hardy series by cricks, but doing the biz regardless. Should hit big $9,000. Last week. 'Fast and Loose' (M-G) and 'Four Girls' (M-G), $6,500, okay. Mary Anderson ^Libson) (1.000; 15-30-40)— 'Oklahoma Kid' (WB). Fine $5,200 on the horizon. 'Darling Daughter* (WB) on h.o., okay $3,500. Ohio (Settos) (900; 15)— 'Youth Fling' (U) and 'Cowboy From Brooklyn' (WB), split with 'Bringing Up Baby' (RKO) and 'Love On Bud- geV (20th). Should tab okay $1,400. Last week, Texans* (Par) and 'Lady Fights B6ck' (U), split with 'Chan at Monte Carlo' (20th) and 'White Banners' (WB), fair $1,400. BUlte (Fourth Avenue) (3,000; IS- 30-40)— ^ve Affair" (RKO) and '12 Crowded Hours' (RKO). 'Affair* rated best In town by newspaper cricks, and biz stacking up nicely. Windup wiU be $6,500, okay. ' Last week, 'Wife, Husband' (20th) and 'Inside Story* (20th), $6,500. Strand (Fourth Avenue) (1,400; 19- 30-40)— 'St liouis Blues* (Par) and •King Chinatown* (Par), Paced for $4,0<)0, satisfactory. Last week, Third of NaUon' (Par) and 'Boy Trouble* (Par), m ild $3.200. GOODMAN SENDS mDNESS'TO mD.c. Washington. March 2L Benny Goodman tops everything this week with litterbugs standing up, staying through three shows and blocking traffic at stage door. Pres- ence of swing exponent la tinfor- tunat« for Clem McCarthy, making vaude bow at opposition vaude snot, since radio sports reporter provea to be a natural for newspaper and radio bally and his act, breaking in here, is getting favorable reaction. Sports spieler unauestionably some help to "Three Musketeers,* but can't stop Goodman. Surprise Is still 'You Can't Cheat an Honest Man,* Which socked last week and Is holding to swell repeat Estimates for This Week CiM^ltol (Loew) (3,434; 25-36-40-66). —'Three Musketeers' (20th) and vaude. Clem McCarthy's p. a. debut helping, but Benny Goodman opposi- tion Is getting lioii's share of vaude trade. WonTbeat weak $14,000: Last week, 'Fast and Loose' (M-G) can thank John Boles p. a. for okay $18,000. Colambia (Loew) (1,234; 25-40)— 'Huck Finn* (M-G) (2d run). Back downtown after nice week at Cap- itol, and will see good $5,500. Last week. Trade Winds' (UA) (2d run), $4,300. all right Earle (WB) (2,218; 25-35-40-66)— 'Spring Madness' (M-G) and vaude. Benny Goodinan on stage packing jitterbugs to lead with swell $21,000. Last week, 'Oklahoma Kid' (WB) and Jame's Barton, p. . a., satisfactory $14,500 . ■ «^ ' ' Keith's (RKO) (1.830; 35-55)— 'Honest Man* (U) (2d wk). Holding nicely toward good $8,500. Last wee£ swell $15,500. Met (WB) (1.600: 25-40)— 'Darling Daughter' (WB) (2d run). Tossed in here following ' good week at Earle and will see nice $4,500. Last week, 'Can't Take If (Col) (revival), okay $4,500. Palace (Loew) (2,242; 35-55)— •Each Other'. (UA). Heading for pleasant ' $12,500. Last week, "Pyg- maUon' (M-G) (2d wk), nice $11,500. PLENTY OF BOPE Hollywood, March 21. Albert Ray closed a deal to prO' duce seven Johnny Mack Brown westerns for the 1939-40 program at Universal. Ray recently checked out as a writer at 20th-FoK. Minneapolis. March 21. Buslitess la very much on the downgrade again, after a brief leas* of life. Adverse factors are numer> ous. Outside opposition Is terriflc. 'Ice Follies of 1039,' into Arena for 10 days, has been attracting capacity, crowds of 5,500 nightly. Lunt St Fontanne, tenanting the Lyceum for four days, likewise are packing 'em in. Over the week-end the Builders* show at the Auditorium, the Ar- mory's flght card and the state basketball tournament at the Univer- sity Field House pulled from 5,000 to 10,000 every night Harry Hirscli's Gayety. reopened with Ada Leonard and stock burlesque, also has been doing a fine business. On top of the murderous competi> tion there have been sub-zero tem- peratures and near blizzard^ to help smother the box-offices. Business conditions generally, too, are con- siderably under par. Best box-offlce . bets are 'Beach- comber' and 'Duke of West Point,' at the Century and Gopher, respec- tively, with the former liaving the biggest edge. "Trade Winds' isn't doing the Orpheum much good and the State's '(;afe Society' also sizes up as a light grosser. ' Estimates for This Week Aster (Par-Singer) (000; 15-25)— ■Devil's Island' (WB) and 'Arizona Wildcat' (20th), dual . first runs. Strong bargain bill for this spot and headed for satisfactory $1,800. Last week, 'Spy Hunt' (Col) and 'Smiling Along* (20th), dual first runs, split with 'Boy Slaves* (RKO) and 'Par< don Nerve' (20th), also dual first runs, $1,400, light Century (Par-Singer) (1.600; 25- 39-40) — 'Beachcomber' (Par). Much praise for this one and it's pulling class trade, H«aded toward good $7,000. Last week, 'Pygmalion' (M-G) (2d wk), $4,700, disappointing after strong $8,800 for Initial six and a half days. Gopher (Par-Singer) (098; 25)— 'Duke West Point' (UA). Nice $3,800 In prospect I^aat week, 'Blondie' (Col), $3,400 for eight days, with weather, etc., cutting down total sub- itantlally. Orphenm (Par-Singer) (2,890; 28- 98-40>-'Trade Winds'^ (UA). Unable to get toe-hold and will ' have to steuagle to finish out week. Mild Indicated. Last week, "Made He Criminal' (WB) and Jan Garber orchestra with George GIvot $15,000, very big under circumstances. Slate (Par-Singer) (2,300; 25-39-40) ~^We Society* (Par). Very well liked picture, but will have to stretch bard to reach weak $9,900. Last week, 'Ice Follies' (M-G), $6,000, mild. Time (Berger) mO; 15-25)— 'As- sasln ot Youth' (Indie) (2d wk). Holding to profltable pace after big Initial canU). -Ltfoks for pretty good $1,000. Last week, $1,800. big. Uptown (Par). (1^200; 25-35)— 'Jesse James' (20tii). First neighbor- hood showing,, and big $3,500 indi- cated. Last week, 'Idiot* (M-G). $2,900. pretty good. World (Steffes) (350; 25-35-40-59) — "Pygmalion* (M-G) (3d wk). Moved here from Century where it played a fortnight This house, with Its carriage trade clientele, is an Ideal spot for this attraction which, considering the critics* raves and the customers' word-of-mouth boosting heard on every side, has been an ex- tremely disappointing box-office per. former, reflecting poor conditions, bad weather, etc. Opened cold and light here with below zero weather prevailing, but pret^ good at S1.800. Last week, "Man Remember' (RKO) (0th wk), $1,200, okay. Tyg' $6,500. Temple 15,500/Coach' H. 0. Strong, Port in Pink Portiand, Ore., March 21. •Pygmalion* Is a terriflc winner at Parker's UA, topping grosses in lis first week and will hold. Another strong pic taking the local spots out of the doldrums Is "Uttle Princess,' at the Hamrlck-Evergreen Para- mount . Still In the heavy sugar is 'Stage- coach,' which kept the Broadway's b.o, plenty busy in Its second stanza. First week of 'Stiagecoach' rocketed up a gross figure such as hasn't been seen in this burg for several months. Estimates for This Week Broadway (Parker) (2,000: 30-85- 40)— 'Stagecoach' (UA) and 'Society Smugglers* (U) (2d wk.). SUong $5,200 after terriflc $8,500 first round. M a y t a I r (Parker - Evergreen ) (1,500; 30-35-40)— 'Ice Follies (M-G) and Torchey Blane' (WB). Moved from UA for a second week 'and good enough $1^00, four days. Last week, 'Four Girls' . (M-G) and 'Fast and Loose' (M-G) (2d wk.) average $2,300, following good first week at the Broadway. • Orphenm (Hamrick • Evergreen) (1,800; 30-35-40)— 'Let Live' (Col) (Continued on page 30) HQ Wedkeafloyo Mon-A 22, 1939 THE ONLY FAIR AD IS THE REC ^1^ Devil^s Maud DawB Patrol Made Me A Criminal Blackwell^s Maud Naughty But Nice I Am Not Afraid The Oklahoma Kid WAMEETF no FOR 38-39 ! ^1 Wings of the Navy You Can't Get Away With Juarez Each Dawn I Die Yes^ My Darling Daughter Family Reenion The Kid From Kokomo Hellas Kitchen The Deyil On Wheels u VARIETY Wedne8da7, March 22, 1939 WARNER BROS'. PROPOSED PROGRAM OF Productions for the Season 1939 AND 1940 "QUALITY IS NOT A PASSINC FASHION" He foremost thought in Warner Bros.' minds at all times is to make good pictures, to present these pictures with the strongest showmanship and merchandising possible, and to offer them oti a fair "live- and-let-live" basis. This, we believe, is the type of fair practice which has given Warner Bros, their enviable position in the industry today. The success of Warner Bros, pictures this season, their success in the new season to come— and in the seasons that will come after it— represents a good deal more than is apparent to the appraising eye. The reason for our present position lies deep beneath the surface of an edifice which 29 years of careful construction has at last brought to completion. Development was sure, the goal inevitable, be- cause an unswerving sincerity of purpose was iti foundation! That purpose— not merely to make mo- tion pictures but to make motion pictures as fine as they can be made — has now matured to its fulfillment. This we believe is clearly apparent in the productions we have listed as an indication of the material which, allowing for the exigencies of production, we contemplate producing for 1939-40. Yes, these are gteat attractions —unquestionably the greatest we have put forth in one season — but to us of Warner Bros, they are the materialization of pur compan/s motivating thought, "Quality Is Not a Passing Fashion." Now that the quality we have built toward and planned for has been attained, it is inevitable that it will continue. PAUL MUNI * THE LIFE OF BEETHOVEN * A distinguished addition to Paul Muni's memoN able characterizations. The genius of the most re- vered figure in music ... his defiance of Napoleon in an age when liberalism was heresy ... die ' <4tEomen <«^4«sentedxhi&.|>as8ioAate-intensi a monasttty and learns to like it. JOHN GARFIEID * DOST BE MY DESTINY * As timely as it is real Garfield, sentenced to va- grancy in a penal workhouse, escapes to marry the girl he loves — and is forced to livcf a fugitive life. The amazing manner in i^iidi he wins a new trial juid freed(Mn will awaken every citizen to the needs of victtms of ' narrow-minded 'justice*. EDWARD G. ROBINSON ir THE MOON AND SIXPENCE * BY W. SOMERSET MAUGHAM A story widi the world for its background and the tteator of 'Of Human Bcmdage' for its audior! The most dynamic role yet brou£^t to die screen by Robinson! * THE liPE OF KNUTE ROCKNE * There are 80,000,000 f ooAall tidcets boug^it every year— and every one is a herald for diis show. Based on the autobiography of the immortal coadi. Screen's first document of tl^s great Amer- ican, his background, his woric, his nAi humor, die unforgettable heritage he left. To be produced vidi die cooperation, of Notre Dame University. ERROIFLYNN if THE ADVENTURES OF DON JUAN <^ The tide tells all! Expect more adventure dian 'Robin Hood'. The story of die world's moist fa- QUHis' lover will be filmed on a matdiless scale by die ardsans who have given you sudi epics as •Robin Hood', 'Anthwiy Adverse* and 'Juarez*. JOHN GARFIEID -tf FORGIVE US OUR TRESPASSES ir the success of 'Magnificent Obsession* and ^Gteen Ligjht* assures die latest Lloyd C. Douglas novel instantaneous approval! Its heart-grqipuig dieme is timed to perfecticMi to further diis great new star's ever-increasing following. if DISRAELI A ClAUDE RAINS The 'Zola' of England. More stirring now thati ever because of its up-to-die-minute dieme of dic- tators, land grabs, persecution. A really important screen document. ACADEMY AWARDS WON BY WARNER BROS. THIS YEAR * EPISODE * with PRJSCIllA LANE and JEFFREY LYNN The sweediearts of Tour Daugjitcrs* and'Darling Dau^ter^ are set for big things this year and this is one of diem. Ptiscilla plays a music student and JeflF just plays — but how! tance! JAMES CAGNEY ^ THE WORLD MOVES ON it From the pen of world-syndicated Maik Hellin- ger amies this stirring kaleidosc(^ view of America's most dangerous days! The pre-war teens, die lush twenties, die jittery durties all woven into a thundering cavalcade of adventure! EDWARD G. ROBINSON it THE STORY OF DR. EHRLICH it Anodier 'Pasteur' ... and anodier great life diat triumphed over ignorance and persecution to give the world die cure for its most dread disease! An- odier big 'first' for Warners and still anodier great biographical drama for the saeen. it CAREER MAN it JEFFREY LYNN AND ANN SHERIDAN A brand new entertainment angle — the first story of the U. S. Diplomatic Corps! The Spanish re- volt, European mtrigue, the armament race, inter- national espionage., pack it with 1939's most orig* inal ^ranJ of sct^n dynatitiite! The long list eontimia on Ae next page . . . 1« VARIETY Warner Bros. Pictures Are "Bench-Made" Because Ifs Fair to You! *Xhere is no ''Assembly Line" at Warner Bros, No properties this important can be *' rushed through to meet release dates. Only because we are prepared as is no other company— with our background of high-quality production, and the vast resources of our studios, the world's largest, is this policy possible. Our current program definitely demonstrates that this exclusive, fnethbd— and this method solely— assures the consistent delivery of successful motion pictures for the future, as in the past. * A SEQUEL TO BROTHER RAT it ' Same stats, samle audior, same setting, same di- rector collaborate, to bring in anodiec li^^tning- paced picture big enough to top its predecessor! . FRED MacMURRAY and PAT O'BRIEN * THREE CHEERS FOR THE IRISH * Am SHERIDAN, RONALD REAGAN, FRANK McHUGH and ALLEN JENKINS You can't b^t die Irish and you can't beat the heart appeal 'Warners have put into this one! Get set a new higjh in hilarity v^en rfiese harps start swinging! * DEAD END KIDS AT COLLEGE it From 'Crime Sdiool' to college and are they a pain in the seat of higher educaticm! Fans called dieir basked)all game in 'Angels* one of the year's funniest ^usodes— so you know what to expect i^Kn th^ take up food>all . . . and everything dise .in si^t * THE DESERT SONG it A mass smash on two continents, it boasts Sig- . mund Rcunbetgi's world-remembered music, an I action -crammed, story, hundreds pf daredevil horsemen, die most spectacular desert scenes ever filmed! To be produced in Tedinio^r with a fteat sin^g star. • * AND IT ALL CAME TRUE it with JAMES STEWART, ANN SHERIDAN and HUMPHREY BOGART The prize-winning novel by Louis Br(»iifield be- comes a major addition to die record number of prize novels on . the Warner story list! BETTE DAVIS AND ERROL FLYNN it THE KNIGHT AND THE LADY it Maxwell Anders(Mi's memorable Theatre Guild production brings Bette Davis to die screen in die fatuous love story, with Ertol.Flynn as the hero viho defied die world for a queoti's love! it EYES OF THE ARMY it Eaast live .again in a magnificttit red-blooded romance. * YOU CAN'T ESCAPE FOREVER it BY THELMA ST^ML One of die most important Cosmopolitan Maga- zine stories of die past 5 years. Played against a background of Paris, Cannes, Switzerland and die U. S., this is one of the most extraordinary ro-. mantic dramas on our program. JOHN GARFIELD and ANN SHERfDAN it TWENTY THOUSAND YEARS IN SING SING it 'Twenty Thousand Years in Sing Sing^ and. twenty thousand dirills on die screen! From the pen of Warden Lewis E. Lawes! A hdiind-die> scenes story mi^ty with die dash of men, to be advertised and publicized as sensationally as it will be filmed! it 4 SECRET SERVICE STORIES it • BYW.H.MORAN, EX-CHIEF, U. S. SECRET SERVICE, WITH RONALD REAGAN This series is building every seccttid. Headline aoKips and strai^t-ftom-the-files stories of e^<) onag^ will inspire four more actimi-padced show9 for die coming seascHi! * 4 NANCY DREW STORIES it BONITA GRANVILLE- FRANKIE THOMAS The first rideases of diis swell series met widi sudi. inscuitaneous approval diat Warners will Mow it widi four more in 1939 . . . all widi new action, new adventures, new lau|^ * 4 TORCHY BLANE ADVENTURES if More and merrier stories for diis popular series about the smartest .female newspapv nian diat ever scooped to conquer. Wednesdaj, March 22, 1939 . VARIETY IT WARNERS CAN'T HAVE ALL THE STARS SO THEY ONLY HAVE THE BEST! paul muni bette'^davis errol^flynn james cagney mw. G. ROBINSON JOHN GARFIELD PRISCILLA LANE JEFFREY LYNN OLIVIA De HAVILLAND HUMPHREY BOGART ™AD END' KIDS JAMES STEWARTS ★ FRED MacMURRAY JEAN ARTHUR ★ VERA ZORINA^^r^^ GEORGE RAFT PAT O'BRIEN * GEORGE BRENT * ANN SHERIDAN C3ERALDINE FITZGERALD * WAYNE MORRIS MIRLAM HOPKINS * CLAUDE RAINS * ROSEMARY LANE. JOHN PAYNE * GALE PAGE Fay Bainter ★ Eddie Albert * Jane Bryan * Donald Crisp Margaret Lindsay * Frank McHugh * Allen Jenkins May Robsoii * Bonita Granville * Jane Wyman John Litel ★ Ronald Reagan w Johnnie Davis JACK L. WARNER, Vice-President in Charge of Production HAL B. WALLIS, Associate Executive in Charge of Production ASSOCIATE PRODUCERS Bryan Foy • Henry Blanke • Rob^ Lord • Sam Bischoff • Lou Edeltnan David Lewis • Max Siegel • Mark Hellingor DIRECTORS Lloyd Bacon • Edmund Goulding • Michael Curtiz • William Dieterle • William Keighley Anatole Litvak • Ray Enrighc • Lewis Seiler • William Clemens • Terry Morse William 'McGanh • Noel Smith • Ctane Wilbur 18 VARIETY Wednesday, March 22, 1939 TABIETS'S' lONDON OFFIOB a St. tSatOa'9 Place. Tmtalamr B«aaf* INTERNATIONAL NEWS «tebl« Addrent TABIBTT, MNDON Telephone Temple Bar 5M1-S04S 19 Steep Fees for Harvey-Gains Visio Held Reason for G-B s Nix of Fight London, March 14. Shortly before special sitting of Government's Television Advisory Committee today (14), Gaumont- British decided against playing the Harvey-Gains scrap on their visio ■creens. Company said officially there was too' much to do in con- nection with getting equipment into •U Its London theatres, but ofl-the- record reason is believed in part to have been that th^ promoters' and the BBC's fees were too steep. One version even had them demanding •3 much as $i;500.per theatre, for a ■ingle hoxir's entertainment. It's no secret, that G-B was consid- ering opening both the Tlvoli and New Gallery for this show, in ad- dition to Marble Arch Pavilion and Tatler, but it would have meant bringing in new equipment at both the former. Another who was play- ing the possibilities was Oscar Deutsch, who had an urge to catch the fight at the big Odeon, Leicester Square, but finally let it go. One thing that would stall him would be that the Scophony com- pany, with which he is linked, couldn't give him a screen of suf- ficient size for a 2,400-seat audi- torium. Major Wilson also. had in- quiries from several indie exhlbs, biit nobody else was willing to talk turkey on the terms, so Jack Davis gets the show exclusively for his Marble Arch Monselgneur, the only Scophony-equlpped house around. Air at this time is thick with vlslo confabs, with not only T.A.C. in session today; there's also a olg gab- fest by entertainment Interests, which are scared of where it may take them. Latter meeting was or- ganized by Variety Artistes Federa- tion, and Included delegates -from Provincial Entertainment Proprie- tors and Managers Assn., Theatrical and Film Artists Society, Screen Di- rectors Assn., Dance Band Directors Assn., Concert Artistes Assn., British Boxing Board of Control, National Union of Boxers, Musicians Union, National Association of Theatre and Cinema Employes, and Radio Manu- facturers Assn. They didn't invite the exhlbs — but us Cinemato1otted in accordance with her advancing age. Meanwhile, she improves as an actress and as a singer (she sine overlooked by the fam- ily trade more interested in Burns than in material provided.. SERGEANT MADDEN Hollywood, March 14. Metro release of J. Walter llulwu |iro- dnc:lon. stars Wallooo Ueei'y. Features To-.n Hrown; Alan i:urlia, l.£ralne May. DIrcctod by Jwer von Sternbern. ^;ereen- lilny by Wellii Hoot; haw I on story by William -A.. Ullman, Jr.; camorn. JoJieph .Selti; editor, Conrad A. Xervlsr. Previewed at Alexander, lilemlalo. Mar. 14, '39. Kunnlnic tliuc, T8 MIXa Shaun Madden ....Wallacs Beery AI Boylan, Jr Tom Brown Deniils Mcdden.. Atan Curtis Elleon Daly Ijiralno Day ilai-y Madden ....Fay HoMcn •I'ljBy' Ceders... ;..Mor»: Lawi-cnee Clutrlutte ., Marlon M.nrtln •IVnphy* PavM Gorcey Milton .Donald Haines Stcnnny Ucn Welden Oovo Etl.-» McDanlel Noio , ...John Kelly Phllcdcl'hU Horace MocMhUon Casey .". M"!" FltzBeiald Dennis Ma^Idcn las a boy) Dickie Jones Al KjyLiD, Jr. las a. boy).... Drew Ro<1dy CommlKiloner (VJ1») Cliarlea Trowbrldsa Police Commissioner Oeoi-e«- lr^'l'•B Drafting Wallace Beery into the ranks of New York's finest for the first time in his extensive film career, Metro provides a good program drama in 'Sergeant Kfadden.' Its geared to supply strong support in the key duals. Picture is Josef von Sternberg's first on the Metro lot in nearly 15 years. If he did nothing else, the director gave a new slant on future screen possibilities for Beery. The latter has been typed for smirking facial contortions whenever con- fronted with aa embarrassing or dramatic moment 'Von Sternberg steered clear of these characteristics to present Beery in a straight char- acter portrayal that is refreshing. Most important contribution of the Sicture is the uncov--ring of Laraine lay, newcomer to films, who dis- Slays talent and screen personality, ^nder the name of Laraine Johnson, the girl ' was plucked from a little theatre group'in nearby Long Beach. Her charm and ability is recogniz- able in her first sequence, and catches attention as picture progresses. Story is familiar in many respects, but has some new twists in script and direction to freshen it consider- ably. Beery, honest and good-na- tured Irish cop, lives up to all tradi- tions of the force.-: Alan Curtis, his son, is brought up in that environ- ment but on joining the force be- comes a smart copper too interested in rapid advancement His brazen attitude antagonizes the gang on his beat and when he shoots a pilfering kid Curtis is framed and sentenced to prison. Escaping, he embarks on a wild holdup spree, and is killed when visiting the hospital to see his baby son. ' The trap is laid by Beery, who figures duty above love for his son. Interwoven is an interesting romance and marriage of Curtis and Miss Day. Beery predominates with a neat job, even down to the Irish brogue. Alan Curtis gives a vigorous por- trayal of the surly and overly-ambi- tious, son. Tom Brown is okay as Beery's adopted son. Marc Law- rence, recrwted from the road com- jpany of 'Golden Boy' for a gangster leader part gets over and indicates he can stay in Hollywood for more film work. Von Sternberg's direction, spends much time in developing sideline pieces of business. After a rather slow start to establish characters and background, picture speeds up con' siderably and is moving at a rapid clip at the finish. Almost a Gentleman Hollywood, March 17. RKO release ot Cliff Reld production. Directed by T^eslle tioodwlna. Screenplay by David Sllveratein and Jo Papino; story by Ilii'old Shumate; camera, J. Roy Hunt; olltor, Desmond Marquette. Previewed at A lexander, Glendale. March ' 17, 'SB. Run- nine time. 64 MINS. Dan Preston James Ellison .■ihlrley Hartdon Helen Wood Robert Mabrey Rolwrt Kent Marian Mabrey...' June Clayworth Major Mabrey Robert Warwick Arthur Leonard Penn Crack Williams. John Wruy Ja^-on Troop '..Brandon Tynan Ira WIIIIr. ....Karl HodRlns Doc Rollins Harlan Brlns And Ace, the Wonder Dof. Miniatiire Reviews Three Smart Girls Grow Up' (U). Smash Deanna Durbtn ccmedy with songs. •'.'m From. Missouri' (Par). Bob Burns in mild comedy; mod- er.'le grosser for family trade. . 'Serjeant Maddea' (A-^ctro). 'Wallace Beery in program drama glorifying Uie police; strong sxip- porting feature for keys. '.Mmost a GenMemni' (RKO). Lower bracket B for filler in the dvr\s. '"tag of CiiiBat»wn' (Par). Standard programmer should provide good support for key dirls. ... ' t:ddea Honey* (Par). Unim- . por'^nt comedy for duals where filler's required. T(Cr. Meto In Danger Island' (20th). Another good 70 min- utes of detective fiction in the 'Moto' ser.'es. Ace,, the dog, will provide most of the interest aroused by this one. It's strictly a filler ground out for the lower duals. Picture shows slipshod preparation of script and story is full ot boles. Obedience and utility tests ot dogs have gained' in Importance among dog fanciers In the past few years, iifi story endeavors to point but this fact Ace displays many tricks that will catch mild attention of dog lovers. Story, however, fails to point up capabilities ot the trained ani- mals. Director Leslie Goodwins and the cast struggle with stilted dialog and situations. James EUison, returning to a small town after wanderlust wears off, saves Ace from the dog pound. Ani- mal is partially trained and Ellison spends, several months completing his course to enter Ace in a- dog show against tlw thoroughbred of Robert Kent Story meanoera through ex- traneous situations, finally picking up old situation of dog accused of killing a man At trial, Ellison de- fends and finally establishes animal's innocence. Packed in between is a romance of sorts between . Ellison and Helen Wood, and an 'inane kidnap- ping for no reason at the finish. KING OF CHINATOWN Los Angeles, March 18. Paramount release ot Stuart Walker priH ductlon. Features 'Akim TamlrofC .and Anna . May Wong. -Directed by Nick Grinde. .Screenplay by I,lllle Haywanl and Irvlnr Rels; stoiy by Herbert BIbcrman; camcm, Loo Tover; editor. Eda XVarren. PrevlAwed at Pareroount, March 18. 'SS. RnnnlnK time: M MIKS. Dr. Mary Llns .\nnn May 'Wonic Frank Baturln Afclm TamlroS The Professor J. Carroll Nalsb Dr. Chaoff 1.lni; .^I'lney Toler Robert 'Bob' LI Phillip Ahii Mike Gordon Anthony Qninn Dolly Warren .Ikrnanlcno 'TTayea Rep Harrlean Rorcoe Rams -Potatoes Ray Moyer Interne Richard Dennlnc Second Interne Archie Twitchell Bert Edward Matr Delecllve Genrre Anderson GariKster Cbnrles B. Wood GnnKster Georco Masrill Dr. Jones Charles Trowbridge Hilnese V.'omnn Lily KIni; Chinese Man Wont ChonK Mr. Fofl Chester Gan Announcer. .Pat West Investigator..! Guy Usher A moderate budget program drama, "King of Chinatown' carries sufficient action and underworld in- trigue to satisfy as support in the duals and hit the fancy of the family trade. Light on draw names, but title may catch shekels of customers in the nabes. Little footage. is consumed in in- troducing Akim Tamirofl as king of gambling and rackets in Chinatown. He's out for the heavy coin and dis- regards small operations. Double- cross aimed , at Tamirofl by hench- man J. Carroll Naish results in former's shooting in front of Sidney Toler's store.- Toler's daughter, Anna May Wong, figures her father shot the racketeer to stop latter's threats against Chinese merchants. Miss Wong, with medical degree, performs dangerous operation to save Tamiroff's life. Leader takes weeks to convalesce, while his gang run. matters for qiilck' cleanup. Dis- trict attorney moves in to round up the racketeers, but before Tamiroft is fatally shot he provides Miss Wong with healthy funds for her Chinese ambulance unit Story moves in a straight line, maintaining interest with a lively pace. A few spots in the early reels show jumpy editing. Miss Wong provides a nice portrayal of the Chi- nese girl turned doctor. Tamirofl is suave and believable as the big shot racketeer, while Naish is okay as leading double-crosser of the gang. Comedy moments are neatly spotted by Roscoe Karns and Ray Mayer. -1- SUDDEN MONEY Hollywood, March 16. Paramount release of 'William C. Tbomas proJucllon. Features Charles Rufglea and Mnrjorle Rarabeau. Directed by Nick Grinde. Screenplay by Lewis Foster; baaed on play by Milton Lazarus: camera, Henry Sharj): editor, Ellsworth Hoagland. Pre- viewed at Alexander. Glendale. March 19, ■30. Running time: M JON8, Sweeney Patterson Charles Buggies Elsie Patterson Marjorle Rambcau Grandpa Casey Patterson. Charley Grapewln 'Doc' Finney Broderick Crawford Junior PatteraoD Bllly Le« Mary Patterson Evelyn Keyes Eddie Dunn Phillip 'Worien yolo ....' Joyce Mathewa Johnny Jordan.; Richard Dennlnic Ellen. Maty Parker Mr. Hinds. t... Richard Tucker McPherson : James Burke Mr. WIzby (niarles Halton Miss Perkins Ethel Wales Professor Tito Alex Ueleah Phil John GaUandet Butch Jffcn Kelly Kerble. . Homer Dickinson Joe Jo0 Xule Peewee Billy Engle Mr. Jordan Donglas 'Wood Diamond Eddie MaiT Duke Mack Gray Ted Donald Kerr Sam......... WllUan B. Oavldsan _ (.Stanley Price Gamblen ^DJok Elliott iRobert Briater There's ..little hope for "Sudden Money,' except as a filler in the sub- sequent bookings where an houc is required In support of a strong at- traction. Produced as a lower- bracketed B, it carries the handicaps of both poor script and strained dl- , rection. ' Sudden wealth provided by a win- ning sweepstake ticket, and its effect on an average family, is not new material. The screenplay fails to provide any fre.sh angles, and pic- ture shows padding to stretch it to 60 minutes. When Rui^gles and his brother-in- law, Broderick Crawford, win $150,- 000 on their sweeps ticket individ- ual members of the family want to satiate secret ambition's. After run- ning through much inconsetjuential horseplay, money runs out and fami-. ly goes back to its old routine. Marjorie Rambeau is teamed with Ruggles In place of . Mary Boland in this one. Cast strutgles valiantly with mediocre material and is un- able to do more than secure a few laughs from stock situations. Heritage of the Desert Hoirywood, March 13. Paramount release of Hnrry Sherman pr^ ductlon. F>-ti-rcH Dnnnid Woods, Evelyn Venable. DJi-c-ted by T..esley. Selnnder. .Screenplay by Xcmnn flnunton; added dlo- log by Harrison Jacobs; based oh story by SSnne Grey. .^sroclate producer. J. D. 'Trop; cnnicra. Riir.sell Harlan; editor, Sher- man Rose. Previewed In projection room .March la; '30. Running time, 13 IONS. John Abbott Donald 'Woods Miriam Nanb..^ Evelyn Tenable David Naoh Russell Hayden .\ndrew Nnab .Robert Oarrat Noser .'.Sidney Toler Henry Holdcrnc- O. Henry Gordon Nebraska Wlllard Robertson Snap Thornton Paul Gullfoyle Chick Chance ......;Paul Fix John Twerk John XlUer Judge Stevens ....Reginald Barlow Paramount has been turning out the Zane Grey western series for 15 years. Established as standard pro- grammers among company releases, several yarns have been refurbished for remake purposes. The present piece is the third film version of 'Heritage of the Desert.' It will sat- isfy in houses catering to western patronage. It's regulation western pattem, with fast riding, a dash of romance, gunplay, a dastardly heavy and the rancher 'with a comely daughter who falls in love with the tenderfoot Photographed against desert back- grounds that add productionally to the picture, and with a nicely mapped script employing logical sit- uations, 'Heritage of the Desert' measures up to the entertainment standards of the series. 'Yarn is familiar. Donald Woods, eastern playboy, goes west to claim his desert holdings, being misman- aged by C. Henry Gordon. Latter has a henchman try to get rid of Woods, who is woimded and rescued by rancher Robert Barrat. Convalescent, Woods falls in love with Evelyn Ven- able, then rounds up Gordon and his gang, with the help of oppressed ranchers in the valley. The cast is good. Woods provides a capable portrayal" as the easterner, with Miss venable okay for the ro- mantic lead opposite. Russell . Hay- den is a vigorous western youth, and Sidney Toler provides many light moments as a ranch hand. Gordon is good as leader of the band working against the ranchers. . Camera work by Russell Harlan takes full advantage of scenic oppor- tunities. NAVY SECRETS Monogram release of William Lackey production. Features Pay Wray, Grant WIthera. Directed by Howard Bretherton; screenplay by Harvey Gates; from story by Steve Fisher; camera. Harry Neuman; editor, Russell Schoengarth. ' At Strand, Brooklyn, dual week March 17. '30. Ilun- nlng time: 8« MINS. Carol Fay Wray Steve Grant WIthera Nick .Dewey Robinson Conjer William von Brincken Jimmy Craig Reynolds .^vlns George Somn Benje Andre Cheron reter Robert Fracer Daly Joseph- Crean Babe. Duke York Drunk Arthur Housmnn CapUIn .....Joe Olrard This is a mystery melodrama with more mystery than drama. Too much mystery, in fact, plus weak story preparation and a super- abundance of heavies who get in each other's way, results in a so-so picture. May Just get by on lower halt of duelers, but that's all. Fay Wray and Grant Withers work hard at playing Federal gumshoes assigned to track down a foreign power stealing navy secrets. Miss Wray shows to greater advantage than Withers, who is typed as a dumb petty naval officer, and she lends a lively and romantic interest to otherwise unimpressive proceed- ings. withers promises his shipmate to deliver a certain envelope to a par^ whose name he forgets. He also vol- unteers to entertain his pal's girl for the evening. Three-fourtlis of the film is taken up in aimless wander- ings in and out ot cafes and bars in an effort to deliver the envelope. Miss Wray appears to be working against Withers, and she is, presum- ably, a foreign spy. In reality, both are working for the U. S. Navy, but neither are aware ot it untU the finale clinch. One of the principal faults In the story Is the . stringing out ot sus- pense until it looks like several chapters ot • cliff-hanger were strung together. Editing and direc- tion are quite unimpressive Mr. Moto in Danger Island SOth Century-Fox release of John stone S reduction. Stars Peter Lorre. Features enn Ilersholt, Amand(V Duff, Warn-n lly. mer, Richard Lane, L,eon Ameti, UouRin* Dumbrllle, Charles D. Brown, I'nul Har- vey. Directed by Herbert I. I..cedB: screen- Slay, Peter HUne: from story by John 'W. larquand; film editor, Harry Reynolds; camera, Luclen Andrlot. At Central. .S. Y., dual, week Mai-ch 10. '30. Running time: 70 :illNH. Mr. Moto Pttler Lorre .'{utler...' Je:in ITernhult Joan Castle Amanda Dun Twister McGurk , Wnrre.n Hymer Commlasloner Qoidon Rlchiird Lane Commissioner Madero Leon Mntn La CosUt DnuRbis Dumbrllle Col. Thomas CasUe Charlei I). Rronn Governor John Bentl^ Paul llcrvey Lieut. George Dentley... .. ,.Ito::ert Txiwery Captain Dahlen Eildio Marr Grant H:ir.-y AVuuds One of 20th Fox's good-paying 'B'' .etting behind this 'Mr. Moto' re- lease to the same extent as \,iith the best of others in the series. Devotees of detective fiction will like it. There is a sameness about the 'Mr. Moto' pictures, yet the pint of each new story surrounding the detec- tive's adventures are always in- trisuing, and the action is iisu.iUy carried out in such a manner a.s to be exciting, suspenseful and melo- drEmatic. 'Moto in Danger Island' is also well bolstered by comed.y relief, with Warren Hymer, a wrestler,' be^ coming a self-appointed, assistant to . Lorre. His assignment to get laughs has been expertly planncO and Hymer carries it out tor maximum results. Locale this time Is Puerto Rico, where unknowns are suspected of en- gaging in diamond smuggling. Guilt as usual, points in many directions and, as usual, is too often suggested by various characters ' who, if natu- ral, wouldn't be arousing so much police concern. The girl is Amanda Duff, a very attractive type, who has comparatively little to no in a ro- mance with a very youngish officer, Robert Lowery. Neither are given sufficient opportunity to show much screen talent Lorre is again the suave, calmly- calculating Sherlock Holmes, whose size belies his abilitjr to overcome aggressors having twice his appar- ent stamina. A capable cast of sea- soned player's surround him, includ- ing Jean Hersbolt (doing what sounds a bit like a (xerman accent), Rich- ard Lane, Leom Ames, Douglas Dumbrllle and Charles D. Brown. Last-mentioned looks suspiciously like Skeets Galla^er and may be mistaken for him by many fans. Char. LONE STAR PIONEERS Columbia production and rvlense. .<:inr* Bill Elliott. Directed by Joseph Leverlnic: screenplay, Nate Gatxert; camera, James S. Brown, Jr.: editor, Dwight Caldwell. At Colonial, Lincoln, dual. Running time: M BUNS. Pat Bill Elliott Vlnlnla Do/oihy Gulliver Budc Clii.i-lf» Whlltnker Pete Charles' King BUI I.ee .Shumway Crittenden .Oudd Buster Coe Jack Ingram Eph. Harry Harvey Chuck Buzz Barton Joe .' A Frank LaRu* Precarious period Just afteii th* Civil War, when the Texas country was menaced by renegades and white guerillas, provides the subject of T,one Star Pioneers,' latest of Bill Elliott's exploits for Columbia. Its biz possifoilltles are only fair. Elliott needs script pushing, most of the stories given him being weak -and slowly paced. Sent into the guerilla country as a U. S. Marshal, Elliott finds the bands are operating from a good in- side location. Tipoff is always given the looters as to when the next big shipment of supplies is coming in, and how big the guard is. Elliott, masked as a bad man, join; the gang, finds a'Tancher, his daughter and son being kept prisoner on their own property to provide a hideout for the mob, and ultimately uncovers -the inner workings of the organiza- tion. ' Elliott is gaining ease in chaps and - spurs, the days of drawing room parts now probably seeming far be- hind. Dorothy Gulliver's role as a rancher's daughter 'who must wait on the bandits, doesn't shape up into much'. Charles Whittaker, Charles King and Lee Shumway are the rot- ten apples in the community barrel, Shumway tipping off and the other two carrying out the looting. Strictly a cheap western. Barn, Home on die Prairie (WITH SONGS) Republlo prodoctlon and release. Rian Gene Autty; features Rmlley Burnett, June Storey. Directed by Jack Towntey; origi- nal screenplay, Charles Arthur Powell, and camera, Paul Fi«nklln, Reg Lnnnlng; edi- tor, Lester Orlebeck. At Colonial, Lincoln, dual. Cast: Gene Autty, Smiley Burnelle. June Storey, a«oise Cleveland, Jack Mulhall, Walter Miller, Gordon Ilort, Hal Price, Earl Hodglns, Ethan Laldlaw, John Beach, Jack Ingram, Bob Woodward nnd the Rodeollen. Runnliig tlm^ S8 MINS. Shorter quota ot singing and more action characterizes this latest Autry flicker, which 'will please some of the western addicts and possibly dis- appoint those who like songs in (Continued on page 30) Wednesday, Marcb 22, 1939 VARIETY 21 THE DAY WHEN SAMUEL GOLDWYN WILL GIVE YOU THE MOST POWERFUL PIC- TURE OF HIS CAREER ...AND 75,000,000 PEOPLE WILL BE READING ABOUT ITl The picture in which love and vengeance clash with Hurricane" fury! Produced in the strongest Samuel Goldwyn box-office tradi* tion, nierchandised in the practical Samuel Goldwyn way. A full page color ad in American Weekly on Sunday, April 9th. ..and full page color ads in Saturday Evening Post, Collier's, Ladies' Home Journal, McCaU's, Life and G>smopolitan . . . reaching 23,000,000 homes exactly in time to SWING THE EASTER PARADE TO YOUR TICKET- WINDOW! SAMUEL GOLDWYN presents WUTHERING HEIGHTS co-starring MERLE OBERON • LAURENCE OLIVIER • DAVID NIVEN with Flora Robson*DonaId Crisp •GeraldineFitegerald* Screenplay by Ben Hecht & Charles MacArthiir • From the greatnovel by Emily Bronte directed by WHLIAM WYLER • released thni UNITED ARTISTS 22 VARIETY PICTURES We^esday, March 22, 1939 Advance Production Chart HoUi/uiood. Aforch 21. . mfiUing current season's promise of total oj S89. Cutting ^^^^^^^J^' Curr«,t production check yinds 32 pictures farinX^mcras. as oiLrlng 70 and 302 '^V V^*?^" 'dS 1 wrr'"" KarchTs. ^Ih shTdios still needins to place I88 more in production be/ore | already started tu,o slated /or release durinfl 1939-40. Columbia Featnres Westerns Serials Total .. 40 16 4 60 19 10 2 IS '4 1 20 IS 4 1 20 31 2 7 Pictures now in the cutting rooms or awaiting previews are: . 'ROMANCE OF THE REDWOODS,' produced by Wallace McDonald for the Irving Briskin unit; directed b.v Charles Vidor; no writing credits re- leased; photographed by Allen Siegler. Cast: Charles Bickford, Jean Parker, Earl Dunn, Lloyd Hughes, Ed Laughton, John Tyrrell, Ann Shoe- maker, Al Bridge, Gordon Oliver. 'MT SON IS A CRIMINAL.' formerly tiUed 'RACKETEERS,' produced by Wallace SAacDonald; directed by C. C. Coleman, Jr.; no writing credits released; photographed by Allen Siegler. Cast: Alan Baxter, Jacqueline Wells; .Joseph King, Gordon Oliver, Willard Robertson; John Tyrell, Ed Fetherston, Dick Curtis, Harty Strang, Joseph Caits, Eddie Laughton, George Taylor, Stanley Brown, -Frank Mills, Joe Harmon, James MiUican, Frank O'Connor, Ed Cobb, Keman Crips, Robert Walker, E. L. Dale, Art Dupuis, AI Ferguson, Ky Robinson, Sam Ash, Al Herman, Forbes Murray, Edward Heam. 'BUWD AbLET,' produced' by Fred Kohlmar; directed by Charles Vidor; from play by James Warwick; ' photographed by Luden Ballard. Cast: Chester Morris, Rose Stradner, Ann Dvorak, Joan Perry, Ralph Bellamy, Marc Lawrence; Melvyn Cooper, -Scotty Beckett, Ann Doran, John Aldricn, Bilbum Stone, Marie Blake. 'HISSING' BA17GHTERS,'. produced by Jack Fier. for the Irving Briskin unit; directed by C, C. Coleman, Jr.; original screen play by Itfichael Sim- mons and George Bricker; photographed by Henry Freulicb. Cast: Richard Arlen, Rochelle Hudsou, Isabel'Jewell, Marian Maish, Don Beddoe, Richard Wessel. Edward Raquello, Eddie Kane, Wade Botiller, John Tyrrell. E THESE WALLS,' produced by Ralph Cohn for the Irving Bris- kin unit; directed by Ray McCarcy; no writing credits released; photo- graphed by Lucien Ballard. Cast: Dolores Costello, Michael Whalen, Vir- ginia V/eidler, Don Beddoe, Charles Halton, Selmer Jackson, Dick Curtis, John Tyrell, Pierre Watkin, Robert Emmett Keane^ Tommy Bupp, Joe Devlin, Stymie Beard; Jimmie Campbell,. Joe Cunningham, William Searby, Walter Merrill, -Allen Matthews, Eddie Laughton. •THE LAW COMES TO TEXAS,' formerly titled 'FIRST RANGER,' pro- duced by LarTj Darmour; directed by Joseph Levering; original screen play by Nate Getzert; photographed by James S. Brown, Jr.- Cast: BUI EUiott, Veda Ann Borg, Bud Osbourne, Charles Whittaker, Leon Beaumon, Paul Everton, Charles King. 'THE OKLAHOMA TRAIL,' formerly titled PRAIRIE NIGHTS,' pro- duced by Harry L. Decker, for the Irving Briskin unit; directed by C. C. Coleman, Jr.; no writing credits released; photographed by Allen Seigler. Cast: Charles -Starrett, &is Meredith-, Dick Curtis, Qob Nolan, Sons of the Pioneers, Hank Bell, Edward Le Sa:nt Colnmbis Pfcc Now In Frodaetlan 'ONLY ANGELS HAVE WINGS,' formerly tiUed TLANE NO. 4,' pro- duced and directed by Howard Hawks; ' no writing credits released; photographed by Josieph Walker, Cast: Jean Arthur, Gary Grant, Richard Barthelmessi Rita H^worth, Thomas Mitchell, Sig Human, 'Donald Barry, Moah .Beery, -Jr,, Anthony Quinn, AUyn Joslyn, Victor Kilian, Milissa Sierra, Pat West, John Carroll, Charles Moore, Sam Tang, Frank Puglia, ■Inez Palange,' Pedro Regas, Manuel Maciste, Lucio ViU^as; Budd Fine, Francisco Moran, Victor Travers, Wilson Benge, Jack Lowe, Tex Higgin- son, Vernon Qent, Pat 'Flaherty, replacing Frank Marlowe, Enricas Acosta, Raoul Lechuga, Dick Bottiler', Harry Bailey, Amora Na'varro, Tessie Mur ray. 'MANDRAKE, THE MAGICIAN' (serial), produced by Jack Fier fOr the Irving Briskin unit; directed by Sam Nelson and Norman Demlng; no writing credits released; photographed by Benjamin Kline. Cast: Warren Hull, Doris Weston, Al Kikume, Kenneth McDonald, Eddie Laughton, Eddie Earl, John Tyrrell, Don Beddoe, Forbes Murray, George Chesebro. Cast- Dennis O'Keefe, Florence Rice, Jessie Ralph, Anthony Allen, Buddy Ebsen, Rita Johnsor, TuUy Marshall. J. M. Kerrigan. r^c?or«Sg;tt'»x|'^;« "a Grapewin, BUlie Burke.' Margaret Hamflton. P«t Wa^. . . ■I TAKE nns WOMAN.' formerly iiUed'NK^ produced by Lawrence Weingarten; directed by J^*f°^*' slory by diaries MacArthur; Photographed by ChMles Lawtonj ^^ Spencer Tra«gr. Hedy LaMarr, Walter Pigeon Thurston ail. <^tl« y^^^ d?z, LeonardPenn. Ina Claire..Itorjorie Main, Calhe™, Lana Twner Mona Barrie. WiUie Best, Dwight Fiye, Jack Carson, Frank Pugna, Aori enne Ames. Now In ProducUon •TARZAN IN BHLE.' produced S^J* ^^^"^^5^^^ uJ*^ Thorpe; based on characters created by Btor »«*,»'S?,"2Sf'o°'?ulU- crapfied Leonard Smith. Cast: Johnny Weissmuller, S^nrHenn? Stephenson, Kenneth Hunter. Henry Wflcoxon. Fneda Inescort. Uriah Banks, John aeffield. • ^ ^ ,j « c„i, 'GONE WITH THE WIND* <^^^^°Z^%l*&I:iS: Arthur Treacher, Charles Judells, Vf^^^^^^'^J^ ^}Ji^'i2^ bert Morin, Hoy Atwell, Benie Riano, Matthew Bolton, Mitchell Lewis. IT'S A WONraSFVL WOOA,' produced by Louis D. Li^^i^Sr^ by W. S. Van Dyke: no writing credits released; photographed by Oliver Marsh. Cast: ClaWtte ColbertTjam^ Stewart. I^ndletoVMgar I^^ nedy, Guy Kibbee, Frances Drake, Ernest Truex, Sidney Blackmer, Albert Morin, Rand Brook, Maurice Costello. '100 TO ONE,' produced by Edward Chodorov; directed byL«lie Fentojj; no writing credfts released; photographed by Joseph R""«°5ei«. Melvyn Douglas, Louise Piatt. H. B. Warner, Jean Fenwick. HaUiweU Hobbs, Marjorie Main, Gladys Blake, Tom C^lins, Gene LocWifr^ V2lf£^ George, Ilobart Cavanaugh, Oscar O'Shea, Theresa Howard, Jack Carlton FEM. POLITICO HEADS PENN. CENSORP Grand National Now Balance to Number Number New in Be Placed Stories In ' of Fix Com- Shoot- Catting Before Prepara- Promised. pleted - Ins ' -Rooms Cameras tion Toial ^68 .12 0 2-- 64 S4 Pictured now In cutting rooms or awaiting previews are: 'SINGING COWGIRL.' formerly titled 'LADT BITCKAROO,' Coronado production; produced by Donald K. Lieberman; directed by Samuel Diege; original screen play by Arthur Hoerl; . pliotographed by Mack Stengler. Cast: Dorothy Page. David O'Brien, Vince" Bamett, Ed Piel, Dix Davis. Stanley Price, Warner Richmond, Dorotiiy Short, Paul Barrett. Lloyd In- graham. Ethan Allen. Edward Gordon, Merrill McCormick. •BVERTTHING HAPPENS TO ANN,' produced by Jack Sklrball; directed by Al Christie; screen play l(y Fred Jackson, original by Dalton Trumbo; photographed by Charles Van Enger. Cast: Heather Angel, John King Constance Collier. Robert Elliott, Walter Catlett, Wilbur Mack, Tom Dugan Emma Dunn. Number Number Now of Pix Com- Shoot- promised picted ing 4 1 S N*w I|a]anc«to In Be Placed Stories In Cultlnf Before Prepara- BooBS Cameras tion 8 It 11 • • 0 11 11 Pictures now In the cutting rooms or awaiting previews -are: •BBOADWAT SERENADE,' produced and directed by Robert Leonard, no writing credits released; photographed by Oliver Marsh. Cast: Jeanette MacDonald, Lew Ayres, Ian .Hunter, Frank Morgan, Virginia Grey, Rita Johpson, William Gargan, Katherine Alexander, lEiranklin Pangbom. Esther Dale. Esther Howard, Al Shean, Maurice Moscovitz. Wally Vernon. •THE HARDTS RIDE HIGH,' . produced by Lou Ostrow; directed by 'John B. Seitz; screen play by Agnes Christine Johnston, K^ von BLiper and William Ludwig: photographed by Leslie White. Cast: Lewis Stone. Mickey Rooney, Cecilia Parker, Fay Holden, Sara Haden, Ann Rutherford, Virginia Grey, Mathilda and Charles Smith. 'CALLING DK KIL0ARE,' produced by I^u Ostrow; directed by Harold S. Bucquet; based on the Max Brand stories; photographed by Les White. Cast: Lew Ayres. Xionel Parrymore, Lynne Carver. Nat Pendleton. Samuel S. Hinds. Emma Dunn, Marie Blake. Lana Turner^liaralne Johnson, Clinton Rosomond, Bobs 'JVatson, Alma Kruger. Rinle Klano, Walter Kingsford, Donald Barry. 'SOCIETT LAWTEB,' formerly titled 'NIGHT IN MANHATTAN,' for- merly titled 'PENTHOUSE.' produced by John W. Cohsidine. Jr.; directed by Edwin L. Marin: no 'writing credits released; photographed by George Folsey. Cast: Virginia Bruce, Walter Pidgeon, Leo Camllp, Lee Bowman, Frances Mercer, Edward Brophy, Tom Kennedy, Herbeii Mundln, Pau: Guilfoyle. Frank M. Thomas, Ian 'Wolfe. Clarence Kolb, Ann Morriss, Eduardo Ciannelli. 'LUCKT NIGHT,' produced by Louis D. Llghton; directed by Norman Taurog; .screen play by Vincent Lawrence and Gro'ver Jones; original by Oliver daxton; photographed by Ray June. Cast; I^tna Loy, Robert Taylor, Douirlas Fo\vIey, Bernadene Hayes, Bernard Iredell, Gladys Blake, Chprifif? t.-n . Henry OTIellL • - ■ - . •THE sKiD FROM TEXAS,' produced by Edgar Selwyn; directed by S. Sylva.1 Simon; no 'writing credits released; photographed by Sid Wagner. Futures W-CGtcrns Nmnber Nomber •f Fix Qtm- Pcambed pleted 2« n 16 8 Now Shoot- ing 0 0 Now Balance to in Be Placed Stories In Cnttlnc Before Prcpara- Rooms Cameras ilon 2 11 11 17 7 8 18 16 Total 42 21 • Pictures in the cutting room:' 'TRIGGER SMITH,' produced by Robert Tansey; directed by Alan James; original screen play by Robert Emmett; photographed by Bert Longendecker. Cast Jack Randall, Joyce Bryant, Frank Yaconelli, Dennis Moore, Bobby Clark, Warner Richmond, Dave O'Brien, Frank La Rue, Horace Carpenter, Milt Kibbee, Mary Thompson, Denver Dixon, Forrest Taylor. Earl Douglas. Chick Hannon. James Sheridan. Archie Ricks. Bud Osborne. 'STRIPS OF NEW TOBK.' produced by W. T. Lackey; directed by William Nigh, replacing Jack Blintz; original screen play by Robert An- drews; photographed by Hkny Neumann. Cast: Jackie Cooper, Martin Spellman. Marjorie Rejiholds. Sidney Miller, Buddy Pepper. Bobby Stone, David Durand, Robert Tucker. WUliam Tuckw-, Kent Rogers, George Cleve- land, Robert Emmett Keane. Robert Emmett O'Connor. George Irving, Dick Purcell, WiUiam Gould. 'UNDERCOVER AGENT,' produced by E. B. Derr; associate producer, Frank Melford; directed by Howard Bretherton; screen play by Milton Raison; original by Martin Mooney; photographed by Arthur Martinelll. Cast: Russell Gleason. Shirley Deane, Raft, Ellen Drew, Hugh Herbert, ZaSu Pitts, Louise Beavers, Harry lyler. Stanley Andrew. Carol HoUoway, Hooper Atchley, Virginia Sale, Lej Payton, Cordell Tate, Jimmy Briscow, Eugene Jackson, Fern Emmett 'UNHABUED.' formerly titied 'NIGHI SPOT HOSTESS,' formerly titled 'BIE AND MY GAl,' assodaie producer, Mel Sbauer; directed by Kurt Neumann; screen play by £.illie Hayward and Brian Marlow; based on story by Grover Jones and WflUem Savens McNutt; photographed by Harry FiscUieck. Cast: Buck Jones, Helen Twelvetrces, Donald O^onnor, Dorothy Howe, John Hartley, Larry Ccabbe, Robert Armstrong, Ed Paw- ley, Sidney Blackmer. Philip Warren, Louise Carter, Kathryn Bates, Sarah Edwards, Gordon Hart. ' 'HOTEL IMPERIAL.' directed by Robert Florey; screen play by Gilbert Gabriel and Robert Thocren; based on a play by Lajos Bu-o; photographed by William Mellor. Cast: Isa Miranda, Ray Milland, Reginald Owen, Gene -Lockhart, J. Carrol Naish, Curt Bois, ISfehcl Werbofl, Henry Victor, Spen- cer Chaitere, Bodil Rosing, Betty Cpmpson, Wolfing Zilzer, Egon Brechcr. Bert Roach, Augustino Borgato, Paul Everton, George Magrill, Lee Shum- way* Davison Clark, Harry Tenbrook. Paul Kruger. Don Cossack Chorus, Robert Middlemass, Ernst Verehes. Albert Dekker. Will'am Bakewell. Nor- man PhiUip.s, Robe'ft Frczer, .Sheila Ppyv. Norah Gale. Paula ds Cordo. Judith King, Russer of members is not mentioned as necessary to review a picture, an appeal must be heard by at least two members. In other words every- thing will go sirioothly if Mrs. Carroll goes easy, but difficulties may arise on any nixes. Mrs. Carroll succeeds Mrs. A. Mitchell Palmer, widow of the war- time attorney-general, who resigned last Friday (17). BJrs. Hester Fye and Patrick A. Dufly refused to quit and were ousted by the governor. Industry has -been generally fear- ful of Governor James' appointment because of his Apparent friendliness with the WCTU and Sabbath blii* lav/ advocates. He recently caused the state liquor stores to remove dis- plays from their wlndiws and clamped down on niteries. OklaLoma Censer Bill Oklahoma City. March 21. A censorship bill has been intro- duced at the current stete legis- lature which carries fines of from $25 to $1,000 for violations, and calls for a tax of $3 per 1,000 feet for in- ^pecti(m purposes. Under provisions of the bill setting up a State Board of Visual Inspection, there would also tie created a Division of Visual Education in the State Department of' Education, which would set iip a state film library, for loan to insti- tutions and schools. Bill calls for 'moral, educational, or amusing and harmless character' rules in -establishing censorship, and creates a stendard Seal of Approval . trailer which must be attached to every film. It has been placed in committee for hearing and stands an - even chance of l>eing reported for consideration of the house, ob- servers believe.- 'ADDRESS UNKNOW TO BE INDIE-MADE Hollywood, March 21. •Address Unknown,' a story of Nazi Germany by Kressman Taylor, will be produced . independently by Felix Young with a cast of featured players. Production starts within six weeks. Young is dickering for a major re- lease. Not So Sure Hollywood, March 21. . 'Good Girls Go to Paris, Too.' orjijin.iDy slated to start yesterday .(Monday), was postponed one week because of writing trouble. Director Al Hall is working with the scripters. Wed nesday, RIarch 22, 1939 VARIETY 23 «4 VARIETY PICTURES Wednesday, March 22, 1939 Fnre Destroys Hub Thesdre; Mgr.hjDred Boston, March 21. Raymond McNamara, manager ot the Strand, suffered severe burns of the left hand while flghting the fire which destroyed the building last week. Damage is estimated at $100,000. McNamara, armed with hand ex- tinguisher, covered the orderly re- treat of 400 patrons, who at first re- fused to leave although smoke and flames were visible on the stage, as the feature had only five .more min- utes to run. ^The 70-year-old theatre had been leased by Julius Jolson from Fred J. Hartwick. The Star theatre, sepa- rated from the blaze by a 10-foot alley, escaped damage. Pim l-HAN crme WA\^ GETS 5-10 YRS. Pittsburgh, March 21. Pittsburgh's one-man theatre rob- bery wave^ 25-year-old George Plies, was last week, In Criminal court, sentenced to from five to 10 years In the Western Penitentiary. Plies, who admitted he held up five film houses and attempted to rob another one while unarmed, merely making cashiers believe he carried a gun, pleaded guilty on all six counts. Same sentence, was imposed on each count, but. court permitted the terms to run concurrently in con- sideration of you^'s previous good record. It was brought out in testi- mony 'tliat Plies bad been discharged only recently from a hospital where he underwent treatment for a nervous .disorder. . Plies was captured by police while staging a hold-up at Art .Cinema, foreign 'fflm site here. Quick-think- ing cashier stepped on an alarm but- ton and a plalnclottiesman in the in- ner lobby stepped out and nabbed him. Macfalden's Pic Spot At Far to Seat 300 The Macfadden Publications the- atre at the N,Y. World's fair, rapidly nearing completion, wlU be aiir-con- ditioned and seat over 300 persons. It will present, admission free, a pic- ture. 'I'll TeU the Wjbrld.' which has already been finished jgnd previewed at the Maofadden h.o. It dwells on flie importance of ad vertisingi A-cast of. Hollywood play, ers a^tpedr in it, including Jed Prouty, Frank Albertson, the Mauch twins, Betty Ross Clarke, Marilyn Knowdon, Patricia Murray, and others. Herb Crooker, for years with Warner Bros., is in charge of the Macfadden film exploitation. Di Frasso to Testify Supreme Court Justice Timothy A. Leaiy lost week ordered a commis- sion appointed in JCos Angeles to take the depositions of Countess Dorothy Di Frasso. Testimony will be taken In con- nection with the $62,500 suit of Con- stance Bennett against Ben Hecht and Charles McArthur, In which Miss Bennett charges that she paid them $2,500 as a . retainer to write a script for her, which they failed to do. She is suing for the retainer plus damages for loss of time. Fine Arts Whittles Hollywood, March 21. Franklyn Warner's executive staff at Fine Arts has been whittled down to two members, pending deal for a new releasing outlet Sam Berkowitz, executive man- ager, and Billy Leyser, publicity di- rector, are the only survivors on the payroll. ALBEBT WITU *FGAN,' formerly tiUed 'WHAT'S A FDEEB FOB,' produced by Chff Reid; directed by Lew Landers; screen play by Paul YawTtz and Bert vSSSV ^•'t2F°P|*^.,l*y ^HS*- l^acy, Peggy Shannon, yir^laTFeidler, Bradley Page, Edward Gargan. WilUam Etoiunds, Rita 7f J?*yiT''2f*«^*'''^ Edythe Elliott, Irene Franklin, John Dilson, Murray AJper, Netta Packer. • ' EKO-Badlo Plotnrcs Now In Prodaction _«LITTLE MOTHEB.' drama; produced by Buddy De Sylva; directed byr GarsonKanln; screen play by Norman Krasnai from play by Felix Jack- spa; photographed by Robert De Grasse. Clast: Ginger Rogers, David Niven, Charles Cobum, Frank Albertson, Baby Elwood, Elbert Copeland, Jr., Ernest Truex, Ned Glass, Paul Stanton, Gerald Oliver Smith, Bessie Thomashefsky, Leona Roberts, Denny Moore. x. .j j. . ^ •THE SECOND SHOT,' comedy drama; produced by Cliff Reid; directed by Jack Hively; screen play by Michael Kanin from original by Garrett Forf photographed by Roy Hunt, Cast: Lucille Ball, Allan Lane, Steffi Duna, Evelyn Brent, Donald Briggs, Bemadene Hayes, Abner Biberman, William Pawley, Earle Hodgins, •. j- .j.. 'GIRL FROM MEXICO,' comedy; produced by Robert Sisk; directed by Leslie Goodwins; screen play by Lionel Houser and Joseph Fields from original by Lionel Houser; photographed by Jack McKwizie. Cast: Lupe Velez, Donald Woods. Leon Errol. Donald MacBride, Linda Hayes, Edward Raquello. EUsabeth Risdon. Ward Bond ^ ,^ 'G-DOG.' meller; produced by Bert Gilroy; directed by David Howard; screen play by Morton Grant from original by Earl Johnson and Guy K Austin; photographed by Harry Wild, Casti Tim Holt, Virginia Weidler, Janet Shaw, Frank M. Thomas. Robert E. Keane, Monty Montague, Don Brody, Ralph Harolde, Mui'iel Evans. Total Nnnber Number •f Plx Cora- Promised pleted 59 27 Now Balance to Now in Be Placed Stories In ' Shoot- Cattlnc Before Prepara- IBC Booms Cameras tlon 1 e 25 25 Pictures in the cutting rooms or awaiting previews: •MAN OF CONQUEST.' formerly titled "WAGONS WESTWARD,' pro- duced by Sol C. Siegel; directed by George Nicholls, Jr.; screen play by Wella Root, E. E, Paramore, Jr., and Jan Fortiine; original story idea by Harold Shumate; photographed by Joseph August Cast: Richard Dix, Gail Patrick, Joan Fontaine, Edward Ellis, George Hayes. C. Henry Gordon, Max Terhune, Victor Jory, Robert Barrat, Robert Armstrong, Ralph Mor- fan, Janet Beecher, Jason Robards. Kane Chandler, Ferris Taylor, Charles tevens. 'STREET 07 MISSING MEN,' produced by Armand Schaefer; directed \y Sidney Salkow; screen play by Leonard Lee and Frank Dolan; original by Eleanore Griffin and William Rankin; photographied by Ernest Miller. Cast: Charles Bickford, Harry Carey, Tommy Ryan, Guinn Williams, Mabel Todd, Nana Bryant,- John Gallaudet. . 'FRONTIER EXPBESS,' produced and direiited by Joseph Kane; no writing credits released; photographed by William Nobles. C^X: Roy Rogers. Mary Hart, Raymond Hatton, Monte Blue, Noble Johnson, William Royle, Donald DiIlaway, Edwai> Keane. "BOUGH BIDEB BOUNDUP,' formerly titled •BOUGH RIDER PATBOL,' produced and directed by Joe Kane; no writing credits released; photo- graphed by Jack Marta. Cast: Roy Rogers, Mary Hart, !Raymond Hatton, Eddie Acuff, Guy Usher. Jack Rockwell, George Meeker, Dorothy Sebas- tian, William Pawley. George Chesboro, Glenn Strange, Jack Kirk, Hank Bell, Jim Corey, (Sebrge Let;. George Plues, Fred Burns, Howard Hickey, Bud Osborne, "MEXICALI ROSE,' produced by Harry Grey; directed by George Sher- man; original screen play by Gerald (Seraghty; photographed by WilUam Noble. Cast: Gene Autry, Smiley Burnette, Noah Beery, Luana Walters, William Royle, Leroy Mason, Roy Barcroft, Burr Carruth, Henry Otho. 'HEROES OF THE DESEBT,' produced by William Berke; directed by George Sherman; no writing credits released; photographed by Jack Marta. Cast: John Wayne, Ray Corrigan, Max Terhune, Ruth Rogers. Doreen Mc- Kay, George Douglas. Walter Wills, Sammy McKim, Tom Tyler, Kermit Maynard. BepnbUa Plx Now in ProdootioB UNTITLED AUTBT, musical western; produced by Harry Grey; directed by Breezy Eason; screen play by Gerald Geragh^ from original by Nor- man HaU and Paul Franklin; photographed by Jack Marta. Cast: Gene Autry, Smiley Burnette, June Storey, Tully Marshall, Dorothy Granger, Jack Ingram, Harry Woods, Edmund (;obb, Colorado Hillbillies. Century-Fox New Balance to Number Namber Now In B« Placed Stories In •t Plx Com- Shoot- Catting Before Prepara- Promlsed pleted Ing Booms Cameras tlon Total 55 32 3 M 19 10 Pictures in the cutting rooms or awaiting previews are: 'GIBL FBOH BBOOKLYN.' formerly tlQed "BY THE DAWN'S EABLT LIGHT* (for 1936-39 season), produced by Edward Kaufman; directed by Gregory Ratoff; original by Gene Markey; photographed by Karl Freund. Cast: Warner Baxter, Alice Faye, Charles Winninger, Keye Luke, Arthur Treacher, Willie Fung, Doris Lloyd, Leonid Snegoff. 'ALEXANDER GRAHAM BELL,* associate producer, Kenneth Macgowan; directed by Irving Cummings; screen play, Lamar Trotti; original story by Ray Harris; photographed by Leon Snamroy. Cast: Loretta Young, Don Ameche, Henry Fonda, Charles Cobum, Gene Lockhart, Sally Blane, Spring Byington, Polly Ann Young, Georglana Young, Bobs Watson, Harry Daven- port, Elizabeth Patterson, Charles Trowbridge. Jonathan Hale, Lillian West, Ottola Nesmith. THE HOUND OF THE BASKEBVILLEB.* associate producer. Gene Mar- key; directed by Sidney Lanfleld; screen play by Ernest Pascal; photo- graphed by Peverell Marley. Cast: Richard Greene, Basil Rathbone, Wendy Barrie, Nigel Bruce, Lionel Atwill, John Carradine, Ralph Forbes, Beryl Mercer, Barlow Borland, Morton Lowry, E. E. Clive, Ely Malyon, Rita Page. ■ROSE OF WASHINGTON SQUARE.* associate producer, Nunnally Johnson; directed by Roy Del Ruth; no writing credits released; photo- graphed by Karl Freund. C^t: TVrone Power, Alice Faye, Al Jolson, Marie Wilson. Douglas Fowley, Hobart Cavanaugb, Moroni Olsen, E. E. Clive, William Frawley. THE GORILLA,' produced by Harry Joe Brown; directed by Allan Dwan; no writing credits released; photographed by Edward Cronjager. Cast; Ritz Brothers, Bela Lugosi, Anita Louise, Lionel Atwill, Edward Nor- ris. Patsy Kelly, Wally Vemon, Joseph C^alleia. 'SUSANNAH OF TBB MOUNTEES,' produced by Kenneth Macgowan; directed by Walter Lang; no writing credits;, photographed by Arthur Miller. Cast: Shirley Temple, Randolph Scott Margaret Lockwood, Mar- tin Goodrider, Moroni Olsen. J. Farrell MacDonald, Maurice Moscovich, Victor Jory, Lester Matthews, Herbert Evans, Leyland Hodgson, Jack Luden, Cliarles Irwin. 'CHABLIE CHAN IN RENO.' produced by John Stone; directed by Nor- man Foster; no writing credits released; photographed by Virgil MiUer. Cast: Sidney Toler, Sen Young, Phyllis Brooks. Ricardo Cortez. Kane Rich- mond, Slun Summerville. Pauline Moore. Robert Lowery, Kay Linaker. Louise Henry, Iris Wong. ' " V '5, ^'f. NIGHT.' produced by Edward Kaufman; directed by Allr»l Worker; original screen play by John Larkin; photographed by Ernest Palmer. Cast: Preston Foster, Lynn Barl, George Barbier Eddie Collins. RusseU Gleason, Paul Harvey, Minor Watson. Charles Halton. •POUCE SCHOOL,' produced by John Stone; directed by James Tinling; no writing crediti released; photographed by Luden Andriot Cast: Jane Whelan, Richard Bond, Douglas Fowley, Robert Shaw, Robert KeUard, George Ernest Minor Watson, Ted Pierson, Warren Hymer. ^ 'JONES FAAOLY IN HOLLYWOOD.' associate producer, John Stone; directed by Mal St Clair; no writing credits released; photographed by Edward Snyder. C^ast: Jed Prouty, (3eorge Ernest, June Carlson, Spring Byington. Florence Roberts. Kenneth Howell, June Gale. Billy Mahan, Marvin Stephens, Matt McHugh, William Tracey. 2eth-Fox Plx Now in Production THE BETUBN OF THE CISCO KID,' produced by Kenneth Macgowan; directed by Herbert I. Leeds; no writing credits released; photographed by Charles Clarke. Cast: Warner Baxter, Lynn Barl, Henry Hulf Cesar Romero, Kane Richmond, C. Henry Gordon, Harold Huber. •STANLEY AND LIVINGSTONE,* produced by Kenneth Macgowan; directed by Henry King: no writing credits released; photographed by George Barnes. (Tast: Spencer Tracy. Richard Greene, Nancy Kelly, Walter Brennan, Charles Cobum, Henry Hull, Sir Cedric Hardwicke, Henry Travers, Hasson Said. •YOUNG MR LINCOLN,' historical drama; produced by Kenneth Mac- gowan; directed by John Ford; no writing credits released; photographed by Arthur Miller. Cast: Henry Fonda, Marjorie Weaver, Arleen Whelan. Richard (Tromwell, Eddie Collins. Pauline Moore, Eddie Quillan, Dorris Bowden, Abce Brady, Fred Kohler, Jr, Francis Ford, Ward Bond, Spencer Charters, Milbum Stone. Wednesday* March 22, 1939 PICTURES VARIETY 25 United Artists Now Balance t* Nnmber Nnmber Now In Be Placed Stories In of Fix Com- Shoot- Cattinf Before Prepara- Promised pleted Ing Booms Cameras Hon Samael Goldwyn. .. 4 1 1 11 1 ScUnlok 5 5 • • • • Walter Wanjer..... * I * * * * Ssr. ::::::::::: » ' • ? 1 1 London Films S 3 • • t t Edward Small 6 S 1 • . S Z Xotal • S3 13 S . 2 16 1« Pictures in the cutting room or''awaiting 'previews are: 'WDTUEBINO HEIGHTS/ produced by Samuel Goldwyn; directed by William Wyler; from novel by Emily Bronte; photographed by Greg Toland. Cast; Merle Oberon, Laurence Olivier, - Hugh Williams, Flora Robson, Geraldlne . Fitzgerald, Leo G. Carroll, David Niven, Donald Crisp, Cecil Humphries, Romaine' Callander. ' 'CAPTAIN FDBT,' produced and directed by Hal Roach; original screen play by Jack Jevne, Grover Jones, and William de Mille; photographed by Norbert Brodine. Cast: Brian Aheame, Victor McLaglen, June Lang, Paiil Luicas, George Zucco, John Carradinc, John Warburton, Claud AUister, Will Stanton, Gibbons Gowland, Charles Middleton, Virginia Field, Luns- den Hare, Margaret Roach, Eddie Brian, Nichols Sussanin, Leonard Willey. UA Pix Now In Prodaetlon •THE MAN IN THE IRON MASK,' produced by Edward Small; directed by James Whale; screen play by George Bruce; based on the novel by Alexander Dumas; photo^aphed by Robert Planck. Cast: Louis Hayward, Joan Bennett, Warren Wiuiam, Joseph Schildkraut, Alan Hale, Miles Mander, Bert Roach, Marian Martin, WiUia;m Royle, Montagu Love. (UNTITLED JASCHA HEIFETZ feature) drama with music; produced by Samuel Goldwyn; directed by Archie Mayo; no writing credits released; photographed by Gregg Toland. Cast: Jascha Heifetz, Joel McCrea, Walter Brennan, Margot Stevenson. Unirersal Now Balaneet* Nnmber Nnmber Now in Be Placed Stories In of Plx Com- SIteet- CottlDg Before Prepara- Promlsed pleted Ing Booms Cameras tlon Features 40 21 t 4 7 - 7 Western 12 12 • • t • Serials 4 4 1 ■ • 0 , • ToUI 56 43 3 4 7 7 Pictures In the cutting rooms or awaiting previews: •MTSTERT OF THE WHITE BOOM,' formerly tiUed 'it)Os{ .credits Yeleasad: ohotographed by James Van Trees. Cast: Dennis Making It Public Wilmington, Del., March 21, Indications of the ' increasing tendency of exhibs to carry their battles with what they term the 'producer-monopolies' to the' public was seen here last week in a talk given by Charles Horn, Jr, operator of the Audi- torium, Lewes, and the Blue Heni Rehobeth Beach, before the Zwaanehdael Club. Horn discussed contract pecu- liarities with the entirely non- ttide group. He explained the block booking system and said he had to contract a year in ad- vance for a budget of pictures, many of which he won't' get anyhow. He declared there often aren't enough prints to go around and exhibs have to bat- tle to get preference. ' U HURRIES PRODUCT; 5 IN WORK, 4 SKEDDED Hollywood, March 21. With five pictures in work. Uni- versal rolls tour morie within two weeks, beginning with 'Metropoli- tan Police,' a Crihie Clubber, tomor- row (Wednesday) . 'Hawaiian Nights' and They Asked for If start March 30 and 'ModernI Cinderella' goes April 3. First School Film Catalog Now Ready Initial catalog of the Association of School Film Libraries, which is ex- pected to be the central distributor for educational subjects, is due out this week. It goes only to members and contains the listings of some 100 subjects. Fanning Hearon, director of Film Libraries, which headquarters in Ra- dio City, noy, is visiting members of' the association and calling on prospective members from New York to the Coast. New 'Invisible Man' Hollywood, March 21. Sequel to The Invisible Man,' made in 1933, is slated for early production at Universal under the title,' The Invisible Man Returns.' Kurt Siodmak is developing the story. PUHy Exhibs Meet to Staye Off Unreal' of Hk^er-Bracket Dnak SPOT XASTLES' INTO 25DDAY-T-DATERS Going into the Music Hall, New York, April 30 on pre-release, RKO has set The Castles,' based on life of the dancers, into 250 day4nd-date first runs for Easter week.- . The national, release date for 'CasUes' is April 28. Derr Unlutehes From Mono, Seeks New Ootlet Hollywood, March '21. Crescent Pictures, headed by E. B. Derr, is dropping its releasing hook- up with Monogram on completion of two remaining pictures due on the 1938-39 contract Films are 'Prison Born' and The Girl from Rio/ to be finished within a. month, Derr, viho has released through Mono for two years, is seeking an- other outlet for four features to be based on the 'Secret Service Smith' stories, written by Major R. T. M. Scott. ~ RKO Reties Comics Hollywood, March 21. Edgar Kennedy and Ray Whitley signed for six more shorts for the 1939-40 program at RKO. Charles Roberts was. re-pacted as writer -director for the series. SEITZ'S 'EHEMIES' Hollywood, March 21. Cieorge Seitz gets the directing chore on '6,000 Enemies,' Lucien Hubbard's first production since his return to the Metro lot. Walter Pidgeon and Rita Johnson share 'top spots. John Cooke Bankrupt Los Angeles, March 21. John Alden Cooke, agent, filed a bankruptcy petition in U. S. court here. Liabilities are listed at $1,131 and assets. $100, claimed exempt. Morgan, Gloria Dickson, Marie Wilson, Sheila Bromley, Ward Bond, Arthur Gardner, George Lloyd, Aldrich Bowker. 'NANCY DBEW, TROUBLE SHOOTER,' produced by Bryan Foy; directed by William Clemens; from original by Caroline Keene; photo- graphed by Lou O'Connell. Cast: Bonita Granville, Frankie Thomas, John Litel, Charlotte Wynters, Aldrich Bowker, Edgar Edwards, Ervill« Al- derson. THE KID FBOM KOKOMO/ formerly titled 'BBOADWAY CAVALIEB,' produced by Sam BischoS; directed by Lew Seller; screen play by Michael Fessier from original by Dalton Trumbo. Cast: Pat O'Brien, Joan Blon- dell, Wayne Morris, Jane Wyman, Maxie Rosenbloom, Max Robson, Stanlev Fields, Morgan' Conway, Sidney Toler, Ed Brophy, Olin Howland, Jack Roper, Clem Bevans. 1 AH NOT AFRAID/ formerly titled 'HEBO FOB A DAY/ produced by Gordon HoUingshead for the Bryan Foy unit; directed by Crane Wilbur; no writing credits released; photographed by Arthur Todd, Cast: Charles Grapewin, Jane Bryan, Henry O'Neill. ' Elisabeth Rlsdon, Dickie Jones, John Russell, Fred Xiozere, James McCallion. THE BOABING CBOWD/ formerly titled THE BOABING BOAD/ pro- duced by Max Siegel; directed by. Lloyd Bacon; no writing credits re- leased; photographed by Sid Hickox. Cast: Pat O'Brien, John Payne, Gail Page, Ann Sheridan, Frank McHugh, Ronald Reagan, Granville Bates, Regis Toomey. 'JUAKEZ,' produced by Henry Blanke: directed by William DIeterle: screen play by John Houston, Aeneas McKenzie, Wolfgang Reinant and Aben Finkel; from story by Mrs. Perdila Harding; photographed by Tony Gaudie. Cast: Paul Muni. Bette Davis, Brian Ahern, Claude Rains, John Garfield, Donald Crisp, Gilbert Roland, Joseph Calleia. Moiitaeu Love, Harry Davenport, Henry O'Neill. Gale Sondergaard, William Wilkinson. Pedro De Cordoba, John Miljan. Hugh Sothern, Robert Warwick, Georgia Caine. Warner Plx Now in Production 'CONFESSIONS OF A NAZI SPY/ produced by Robert Lord; directed by Anatole Litvak; no writing credits released; photographed by Sol Polito. Cast: Edward G. Robinson, Francis Iiederer, Paul Lukas, Dorothy Tree, Joe Sawyer, George Sanders, James Stephenson, Lya Icfs, Grace- Stafford. 'GANTBY, THE GBEAT/ produced by Bryan Foy; directed by William McGann; no writing credits released; photographed by Ted McCord. Cast- Edith Fellows, Jimmy McCallion, Granville Bates, DeWoU Hopper, Frankie- Burke, Fred Lozcre. 'EACH DAWN I DIE/ produced by David Lewis; directed by William Kelghley; original by Jerome Odium; photographed by Arthur Edcfson. Cast: James Cagney, George Raft, Jane Bryan, George Bancroft, Willard Robertson, Mastie Rosenbloom. Victor Jory,- John Wray, Stanley Ridges, Louis Jean Heydt,.Ed Pawley^ Joseph Downing, Alan Baxter, Aldrich Bow- ker, Fred Lozere, Charles Trowbridge. 'FAMILY REUNION/ formerly tiUed 'AHEBICAN FAMILY/ produced by Henry Blanke; directed by Michael Curtiz; no writing credits released: photographed by James Wong Howe. Cast: John Garfield, Prlsdlla Lane, Gale Page, Jeffrey Lynn, Fay Bainter, Claude Rains, May Robson, Lola Lane, Rosemary Lane. Dick Foran, Frank McHugh. > 'BATTLE OF CITY HALL,' comedy drama; produced by Max Sie.gel: directed by Ray Enright: no writing credits released; photographed by Arthur Todd. Cast: 'Dead End' Kids. Ronald Reagan, Ann Sheridan. Bonita Granville, Frankie Thomas, Berton Churchill. Eduaido Clannelll, Franklin Pangbom, Bernard Nedell, Egon Biecher, Henry O'Neill, Minor Watson. Japi:ie Searle. Marjorie Main, Sara Padden. THE OLD MAID,' drama; produced by Henry Blanke; directed by Ed- mund Gouldini;; screen play by Cafey Robinson from play by Zoe Aklns; photograohed by Tony'Gaudin. Cast: Bette Davis. Miriam Hopkins, Hum- phrey Bopart, Jane Bryan, Cissy Loftus, Donald Crisp, Jerome Cowan, iVank Darien. 'ENE^iy AGENT,' mellcr: produced by Bryan Foy; ar'iciate producer. Mark Hellineer; no writing crepllts released; ' directed by Terry Morse. ghotographed by Sid Hickox. Cast: Boris Karloff, Margaret Lindsay, [o^nes Herbert. Maris Wrlxon, Bruce liCster, Leonard Mudle, Clarence Detwent. , ' ' " ' ' ' •-.•'■•« Philadelphia, March 21. A mass meeting of exhibs was held at the Broadwood hotel today (Tues- - day) to discuss a threat that .the Warner circuit may go into duals and to take steps to keep Pfailly in' the single-feature category. Those pres- ent were- asked to sign pledges that . they will not twin A or B product. Although WB has «aid nothing, nor made any outward move to indicate it is even considering double-fea-' tures, a mysterious undercurrent of fear has been growing hare during the past two weeks that WB will jump into twins if forced to do so by competing indies, it Is to forestall the indies from pushing the circuit over the brink that the mass meeting was called. ' It is known that Warner district managers, in whose territories oppo- sition' Indies are using duals, have been harassing Ted .^cblanger, WB zone manager, to allow them to fight fire with fire.; Indies fear that the doubles will quickly work upward fron; the subsequent-run spots to more important houses arid the ter- ritory will be overrun with twins, once Warners start. In sucf^ a. case they know they would be licked, at their own game as the result of the WB buying power. There is no' objection here to duel- ing of. product below the A and B classification. That is accepted as justifiable. REP. PAYS $450,0e0 FOR SENNETT STUDIO Hollywood, March 21. Republic closed the deal to buy the studio it has been occupying for the last four years. Price agreed on by Herbert J. Yates, chairman of the Republic board, and Carl Bush, president of the Guaranty Liquidat-' ing Corp., Is around $450,000. - Studio was built by Mack Sennett in 1928, taken over by the liquidat- ing company in 1035 and leased to Monogram until the formation of the present Republic outfit. Yates and his associates plan an extensive building campaign as soon as the details of the transfer are complete. 20(i Snit Vs. Theatres Based on Parking Lot Omaha, March 21. Suit for $20,200 damages was filed Saturday (18) against the R. D. Goldberg Theatres Corp., operators of the Avenue and Arbor here, in district court by Mrs. Rose I. Robin- son. Suit alleges the theatres are op- erating a parking lot adjacent to her home and Mrs. Robinson claims the cars disturb her. As a result of the alleged 'nuisance,' she claims her health was impaired to such an ex* tent that she lost her job and that parking lot, without permit from the city fathers, has depreciated value of her home by $2,000. Skouras Puts Blame On Distrib in 'Nation' Suit Skouras Theatres Corp., defend* ants In the suit brought by the- Epoch Producing Corp., and Thomas Dixon, filed a cross suit in federal court. New York, Thursday (16) against M. L... Mayer, of the Treo Film Exchange, claiming that it was on Mayer's okay that it booked The Birth of a Nation' in the Thalia the- atre. Skouras aslts that Mayer be liable (or any damages awarded Epoch and Dfacon. The suit charges the unauthorized exhibition of 'Nation' in April, 1938» and series an accounting. Besides Skouras, other defendants include the Stone Film Library, Inc., Marian T. Stone, Trco Film Exchange, Es- quire Amuse. Corp., Max A. Cohen, Major Film Exchange, Inc., and David M. Sohmer. Cinecolor's New Home Hollywood. March 21. Cinecolor. .opened its new $250,000 plant in Burbank. Laboratory covers nearly four acres and ' is equipped to handle 720,000 feet of film per month. The old plant's capacity was 150,000 J[^^^^ .1 „ ■ ■ II ■ II II » i. n B (r Q 0 fi p ■ 26 VARIETY Wednesday, March 22, 1939 CUT YOURSELF A PIECE OF CAKE! Read product annommnent in the papers! Wednesday, March 22, 1939 PICTURK VARIETY 27 DEL SUP. COURT FINDS BANKO ILLEGAL Wilmington, Del., March 21. A suit brought against a Delaware- theatre by the Denver promoters of Bank Night to recover fees, resulted In the outlawing of games in the- atres here last Friday (17). Unani- mous decision of the Supreme Court held banko illegal and it was scath- ingly denounced in a decision by Chief Justice Daniel J. Layton. Ef- fect is expected to be widespread, with virtually all houses throughout the sUte aslng gameis dropping them. Decision was the result of a suit brought by Affiliated Enterprises, ' Inc , n Colorado corporation, against Roland A. Waller, operating the New Waller theatre in Laurel, Del. It jvas . to recover damages for an asserted breach of license agreement whereby Affiliated, in consideration of a weekly payment of $5, agreed to 'allow the defendant to make use of an advertising plan designed to promote public interest in motion pictui-es and known as bank night' Justice Layton, '.in his opinion, de- clared baiik nifiht a lottery wbereby 'the theatre prospers and gttieA, envy and other evils inherent' in lot- teries are encouraged.' - He said it was a 'cold-blooded device disguised, by a thin coating of re^pectabBity.' and 'that the promoters of the scheme know of. its inherent evils is shown by the fact that, by their own rules, persons under 1ft years of age are not allowed to participate in tbe drawing.' Grand Jnry Y. Lkrase D^'s Drive Agaiosk ffisgo The Jewel theatre. New York, lot- tery case fizzled out last weric when a Grand Jury failed to return an Indictment against the theatre -for conducting bingo. Harry G. Kosch, attorney for the Belle Theatres Circuit, operators of the theatre, had the case transferred from Special to Gieneral Sessions a couple of weeks ago. There would bave been a trial by jury it an in- dictment had been brqught. Commissioner Paul Moss, how- ever, indicated Monday (20) that the License Department was not giving up the fight against bingo and was laying new plans for attack. GOVT ANTES UP INFO IN CHICAGO SUIT Chicago, March 21. The Government has complied with the court order to supply a bill of particulars in its case against Balaban & Katz and seven major distributors on alleged contempt of a consent decree entered against these companies in 1932. It is understood, however, that the defendants are not completely satis- fled that the Government's bUl of particulars fully meets tbe require- ments set by the court. Plaintiils have until April 3 to make an an- swer. Brent, Loy, Power Top 20tli-Fox Kains Came' Hollywood, March 21. 20th-Fox borrowed George Brent from Warners to co-star with Myrna Loy in The Rains Came.' Tyrone Power plays the role of a native doctor. Film is one of studio's top pro ductions for 1930-40, with costly earthquake and flood scenes. Clar- ence Brown directs. TITLE CHANGES ^ Hollywood,' March 21.- , Our Leading Citizen' is latest tag »°'^s Americans' at Paramount. 20th-Fox changed 'When Winter j-omes from 'Cupid Goes to Press' to^^econd Fiddle.^ Boy Friend' is release handle on Police School' at 20th-Fox. Warners switched from 'Hero tor " .?ay' to '1 Am Not Afraid.' . . Night in Manhattan,' nee 'Pent- house,' at Metro finally goes as 'So de^ Lawyer.' FILM BOOKING CHART (For information of theatre and film exchange bookers, Vasieiy presents a complete chart of feature releases of ■ all the American distributing companie* for the current quarterly period. Date of retHeuis as given in Variety a»ui the running time of prints are included.) COrTRIGHT, U39, ItT VARIKTT, INC. AIX BIGHTS BKSBBVED Bev. iB Tar.— Bevlcircd !■ Vail«ty b. t. Blln.— BaanlaK Tlma In Hlnote* WEEK OF BELEASE 1/13/39 1/20/39 1/87/39 2/3/39 S/10/39 2/1T/S9 2/24/39 3/3/39 3/10/39 3/17/39 3/24/39 3/31/39 4/7/39 4/14/39 Rev. In Var. 3/8 3/1 1/4 1/25 1/11 12/28 1/4 1/18 1/25 2/2 2/22 2/15 12/14 1/25 1/25 2/22 1/25 1/25 1/25 2/15 12/21 2/1 1/11 1/tl 1/25 2/1 3/lS 2/8 2/8 11/9 i2/28 3/8 2/15 3/22 1/25 1/18. 2/15 3/22 m 2/1 1/18 2/15 1/25^ 2/B 2/15 2/22 3/1 TITLE Co. THE THVMDEKING WEST BintN VM or O^ONNOB ZAZA MTSTEUOOS BOSS X THE GBBAS HAN VOTES CHAN IN mmoLma TOPFEB TAKES A TBIP SON OF FBANKBNSTEIN : MADE BCE A (WnNAI. FBONTIEBS OF IB. CONVICTS CODE AHBtF^H AHZONA USGHH* 8MIUNO AMNe MOTO' S LA ST WABNINQ OAWBIiINQ SHIP OFF THE BECOBB LONE WOUrS SPY HUNT FOUB 6IBLS B« WHITB IMOr S DgUGHT MOFTING WBSnrABD PABIS BONESMOON PBINC OF. THE NAVT JBSSB JAMES K»e <^ DNIWBWOBLD BtADte MB A CBIHINAT.. SUNDOWN Oift PBAIBIB ST. LOCK BLUES FISHERMAN'S WDARF THE ARIZONA WILDCAT PIRATES OF THE SKIES TORCHT IN CHINATOWN / TEXAS STAMPSDB MOUTH OF SIEANC»AI BUCKLEBBBBT FINN NAVT SECBETS PERSONS IN HIDING ROT SLAVES WOMAN DOCTOR HOME ON T HE PB AIBIB TAIL SPIN MADE F(» BACH OTHBB WDfGS OF THE NAVT 2/22. 2/22 2/15 2/22 2/15 2/8 2/8 9/7 2/8 3/8 3M 2/15 2/8 3/8 3/8 9/30, 3/1 10/5/38 3/1 3/15 3/22 3/22 3/22 2/22 3/1 3/15 3/8 3/8 11/30 11/22 3/8 3/8 3/22 3/22 3/22 3/15 FAST AND LOOSE UITLE PAL BOX TBOUBLB GUNGA D IN TBE THBEE MPSKKtE KBS KING OF THE TUBF CANT CHEAT HONEST MAN NANCS DBEW. BBPOBKB LET US LIVE' LET k-REBBOM BING STAB BBPOBTEB ONE THIBD OF NATION SUNSET TBAIL FOBGED PASSPtWr BEAUTT FOB ASKING PARDON OUB NSBVB SOCIETY SMUGCOJSBS TES, 1>ABLING DAUGHTER ROMANCE OF BEDWOODS PYGMALION MYSTERY OF MR. WONG CAFE SOCIETY I WAS A CONVICT TWELVE CROWDED HOURS WIFE, HUSRAND, FRIEND STAGECOACH RISKY BUSINESS SECRET SERVICE AIB BLONDIE MEETS BOSS ICE FOLUES OF 1939 MYSTEBY PLANE THE BEACHCOMBEB ROUGH RIDERS ROUND-UP SAINT STRIKES RACK INSIDE STORY PRISON WITHOUT BARS SPIRIT OF CULVER THE OKLAHOMA KID LONE STAR PIONEER SERGEANT MADDEN KING OF CHINATOWN LITTLE PRINCESS BfYSTERY WHITE ROOM ADV. OF JANE ARDEN WHISPERING ENEMIES WITHIN THE LAW TRIGGER SMITH MIDNIOHT MY WIFE'S RELATIVES THE FLYING IRISBMAN TROUBLE IN SUNDOWN EVERYBODY'S llABl THREE SMART GIRLS BLACKWELL'S ISLAND LADY AND THE MOB KID FROM TEXAS SUDDEN MONEY SILVER ON SAGE ALMOST A GENTLEMAN MEXICALI ROSE HOUND OF RASKERVILLES FAMILY NEXT DOOR ON TRIAL BROADWAY SERENADE UNDERCOVER AGENT FH FROM MISSOURI LOVE AFFAIR MR. MOTO IN DANGER IS'D EAST SIDE OF HEAVEN WUTHERING -T.HTS DODGE CITY FIRST OFFENDERS STREETS OF N. Y. CALLING DR. KILDARE DRUMMONIVS SECT POLICE THEY MADE iHER SPY ALEXANDJER GRAHAM BELL WOMEN IN THE WIND Gal M-G Tmz B«p BKO S*th UA V TYPE Col Par BKO 2«lk 2Mk V ws M-G M-G Bep WB M-G M«M Par BKO 2*a V WB Col Col M-O MOB» Par BKO Bep Be» 2Mb UA . WB H-G MOBO Par BKO 2Mk UA U WB Cel M-G Mom Par Par B«F BKO ZMh V Cai M-G Mob* Pa* Bep BKO 20tb UA U WB Col M-G Mono Par B«p BKO ZMb UA U WB Col M-O Par 20 th U WB Col M-G Mono Par Bep BKO RKO 20th U WB Col M-G Par Par RKO Rep 20tb U WB M-G Mono Par RKO 20th U UA WB Col Mono. M-G Par RKO 20tb WB Western Com-Rora Kom-Com Mystery Co medy, Mystery Comedy Mdodraina Drama Western Mde«lraiiM RofD-Dr Western Mus-CofJi Mystei7 I>raiiia Comei^ Melodrama Rom-Dr Cem-Dr Western Rom-Com Rom-Dr ■ Drama Drama Mdodrama Com-Rom Western Mus-Rom Com-Dr Comedy . Action Melodrama TALENT C. Starrett-L Meredith D. O'Keete-C. Parker C. Celbert-H. Mawliall M. WbalcB-BL Bart J. BarryneM-P. HoMea Sl Toler-P. Brwka C. BcnMtt-B. Tmbc-B. Bark* B. KarMT-B. LnfMl J, GacBBU-C. B.BIB«tt-L. D« Alcsala . Bai»-A. Nac«l-1L G. Swsiikant-L. Ndu G. VBtrte-L CFIeMs-H. P. Lam-B. Cai tM B. WfleaK-H. MaA P. W. WUBaM-L ; A. ManlMll-F. Acarar-GaMa Jiaefc Balkan B. Crasby-K. Qui' J. DoBB-B. n«#nn T. PM*a»-N, MtBr-WaaM J. GarBM-DeaA Western Drama Com-Rom Drama Metpdsama Drama' Drama Western Drama BaokrCom Drama Com-Dr Drama Comedy Drama Mus-Gom Rom-Ite Comedy Melodrama Rom-I^ Mus-Dr Urama Wcsten Mdodiama Rom-Com Com-MeL Drana Comedy Drama Comedy - Mystery. Rom-Dr Melodrama Melodrama RemrDr Rom-Dr Melodrama Melodrama Comedy Rom-Dr Action . Drama Action Drama Drama Melodrama Rom-Dr Melodrama Western Drama Melodrama Drama Mystery Melodrama Drama Melodrama Western Comedy Comedy Rom-Dr. Western Comedy Mus-RQm. Drama Comedy Western Comedy Western Drama ■■ Rom-Mel. Mystery Comedy Melodrama Mus-Rom. Melodrama Comedy Rom-Dr. Melodrama Mus-Rom. Drama Outdoor Melodrama Melodrama Drama Melodrama Dra.na Drama Melodrama E. rvw*n-'B. Tasng T. BMer-B. Wmr-C. Mlag lu. Naha-D. Lamaor B^Brcas-L. CavrlBa J. WUbers-L. Carrllto K. Taylnr-B. Haihan. G. Farren4, *'"^"r C. Starrett-L Bbradith B. Fnmess-J. CnMr M. Booney-W. Caanally i. Withers-F. Wr«y-D. Bobbuan L. Overman-J. C. Nalsh A. Sblrley-A. Daniel F. Ineseart-B. Wilcoxon G. A^^-S. Bwnetle A. Taye-C Bii—rft C; VUreB C. LaiAanl-X StawaH & Brent-O. da HaTUaad B. T. 6« 61 •S «t 18 it giving of prizes by lot, chance^ or drawing as an induce- ment to attract people to theatres, stores, taverns and auctions, and to provide for the padlocking of places usint' such methods. Cowie said that- he bsUeved the present lottery laws covered bank- nights, but that the statutes bad not been enforced by prosecutors, 'who either do not understand the statutes or don't want to understand them.' The judge asserted that district at- torneys and attorn^ for. the bank night syndicate have fimspcd upon the 'hair-spUtting distinction' that persons wh& register, and do not buy ticlccts to a theat^ inay stand out- side and claim a prize If their name- is drawn. Cov^e contended that it is idle to argue that bank night patrons do not spend money to gam- ble. In nuiiibrous divbrce cases he' has tried, he asserted, men have c«HnpIained ' that their wives spent all the family money attending bank nights. Juvoiile court records show that boys steal money for bank night, he added. . 'Vi«i«BS Form af Gamblbig' 'Ttiis. is ' the most vicious form ot gambling tliat has ever struclc Wis- consin^' said the aroused jurist "The Nebraska supreme court, in holding- bank nights a lottery, has said that bank night includes all t?>.e' evils ot an ordinary lottery aggravated by the appearance of innocence, and that idleness, pauperism and crimie are some at iU bitter fruits.' Cowie - confided tiiat he had been threatened with bodily hum and been subjected to blackmail attempts because of hia opposttioA to bank night. Senator Paulson, sponsor of the measures, said that 'ragged urchins' from poor homes have sold neces- sary household articles to second- . hand dealers in order to get inoney for bank night Paulsan said that of 18,000 cards found in one police- raid on. a theatre, 20% were signed by persons on relief or receiving old age pensions. Deputy Inspector Hugo Gochlen ot the Milwaukee police department told of being turned down by the district attorney and city attorney in Milwaukee when bank night war- rants were asked. Urging support of both Paulson bills, he reported that 'rackets' were spreading in Mil- waukee to the extent that if they are not curbed an impossible situa- tion would develop. The Paulson bills were opposed by F. Clinton McCarthy, of Milwaukee, attorney for the Bank Night Asso- ciation; Charles F. Puis, Jr., of Mil- waukee, attorney for the Standard Theatres Co., and P. J. McWilliams^ of Madison, operator of two theatres in Portage, Wis. McCarthy, whose association is made up of Indie and chain theatres. Insisted that no- 'considsration' is paid by a bank night reslslrant. He wanted to know why Goehlen and the Milwaukee police have not in- terfered with the Milwaukee auto- mobile and- home shows, which give large prizes, with 'lotteries' conduct- ed by the Elks and Eagles clubs, and with bingo games in churches. The attorney contended there is no evil in bank nights and explained that in times of economic ' stress people are attracted by the oppor- tunity of winning a prize. STORY BUYS Hollywood, March 21, Grand National bought 'Seven Miles from Alcatraz,' by Joseph Carole. Republic purchased 'Suicide Squad,' by George Clark and Pres- cott Chaplin. Metro acquired Desmond Hol- drige's'novel, 'The Witch in the Wil- derness.' George Bruce sold his novel, 'Born to Hang,' to Grand National. .. Malvin Wald's 'Benefit of Man- kind' taken by Warners. Walter Wanger bought Myles Con- nolly's 'House Across the Ba:^.' Bernard McConville sold his west- ern yarn, 'Outlaw of Three Corners,' to RKO. 28 VARIETY Wedneedaf, March 22, 1939 RADIO CITY MUSIC HALL . AND EVERYWHERE PICTURES VARIETY 29 Lefty Boances Out of Coobcres For N. with Detours by Abner By Joe Laurie, Jr. En rout* to N. Y., March 21. Dear Joe: Well, w« left Coolacres Wednesday and we'v« been rolling along in the old jallopl ever slnca. You never know how old your car ia until you take a long trip. Wo weren't gone 300 miles when a smart salesman in a filling Itation sold me spark plugs, a fan belt and • tire. He talked fast and con- vincing, and practically said we'd b« stuck in th* desert if we didn't get those things. It's fear advertising. Maybo th* pictur* business needs a ' guy like that salesman. We haven't covered much ground b«caus« Abner, Aggie's know-it-all brother, wanted to point out the different points of interest to Aggla and m*. I tell you that guy has more useless stuff stored in his nut than any- one I've ever m«t We have been looking at places wher* somebody started something and where the first stagecoach stopped for passengers, and all that kind of stuff, and went miles out of our way to do it And when I sez, 'So what's the difference, if somebody killed 100 Indians here and this was the first place a train was- run?' Abner sez I don't have any sense of tradition; that all I want to talk about is show business. So I tez sure, I want to talk about something I know, and I've been traveling all my life and heard guys talking in smokers and in hotel lobbies and poolrooms, and everybody likes to talk about their own business because they feci they know something about it, whereas if they talked about something else they would be showed up as Ignorant. Which most of vs are outside of our own business, but Abner is different. Ha has no busi- ness of his own, so he knows everybody else's. He is one of those guys that asks you a question, answers it and then sez you're wrong. We've been stopping in tourist cabins and I want to tell you that ia some business. It's got a lot of hotels beat a mile, and cheap, too. Aggie is now got a hankering to go into the moto-hotel business. She sez one meets so many different kinds of people from all over the country. So I sez, you ineet all kinds of people at our picture theatre in Coolacres. And she sez, 'Yeh, but they come out and kick, whereas these people that hire cabins lor the night have to leave early in the mornings and you never see them again.' * William Powell Tuma's Favorite We stopped off in Yuma, Arizona, and I ran in to have a chat with F. E. GandoKo, who runs the Yuma theatre for Fox, a nice house and a nice guy. He tells me that William Powell is the town's favorite screen actor |nd that 'Alexander's Ragtime Band' did the biggest business for him. From there we went to Tucson, Arizona, which is a swell town and has plenty of life in it, Me and Aggie played there twenty-five years ago. We played a one-night stand and it took us 45 days to get out of town, I dropped in to see Nick Xalis who runs an indie house called the Plaza, and doing a nice Job of it, too. H* has a trade like mine, they go for horse operas. Saturdays he plays Spanish pictures and cleans up. He has a kid as an assistant manager by the name of John Georgenses and he Is as bright as a dollar. He likes the picture business. Well, that's youth for you. I also dropped in to see H. Dunn, a Milwaukee guy who used to be With carneys and now is running the Tucson for Paramount. He is get- ting some dough with revivals of the oldies. With me in Coolacres w* don't have to run revivals, because they're old when we get 'em and no body In town is old enough to remember when they were first run. Got your letter about Jimmy Duffy going Upstairs. Sure sorry to hear It because If there ever was a guy that had talent, it was Jimmy. He was 10 years ahead of the times when he did the Duffy and Sweeney act in vaudeville. When he was with his folks, Duffy, Sawtelle and Duffy, h* had plenty of talent, and he was on the way to being the best juvenile in the country when he teamed up with Mercedes Lorenze. He looked great, sang, danced and was funny. He also could write, a great combination, .but like I always say to Aggie, a guy is born and has a hand dealed to him and he's got to play it according to the cards he has, unless you cheat, and Duffy never' was a cheat. The only trouble with Jimmy was he put In a lot of chips in the pot and never took any out. Ho was willing to be paid off in laughs. He sure gave people plenty of laughs; he was an actor's actor. The gang will never forget the classic he pulled when he and Sweeney laid on the stage where they were doing their act and Duffy turned to the audience and sed, 'I don't know of any way of doing it easier, unless we phone it in.' Best to the gang. We'll be seeing you soon in New York unless this Abner guy finds more spots of disinterest to show us. I wouldn't be a bit surprised if he dug up a place that has a rosin board. SEZ Your Pal, LEFTY. P. S. GREGORY RATOFF SEZ: 'It is strange that a man that knows exactly how to run the picture busi- ness is always engaged in some other kind of business. Smi BUILDING OUT WEST; 300G GA. HOUSE Los Angeles, March 21. Pacific Coast Theatres took 15-year lease on 750-seat picture house be- ing built by George Page hi Tor- rance. Building will be ready in about six weeks. George Bromley and Alec Mounce break ground this week for a new. 800-seat house. They recently sold their Victoria theatre to J. Byron Cunningham after 11 years of opera- tion. 300 O AugnsU House Augusta, Ga., March 31. Frank J. Miller, associated with Lucas & Jenkins, Inc., in operation of five local houses, has let a con- tract for the erection of a 1,850-seat deluxer to Baird tc Co. ' House will cost $300,000. New Ohie Hons* Minerva, O., March 21. Construction of a picture theatre is to be started here within 30 days by . the Manos Amuse. Co., of To- ronto. Plans call for a two-story building and a seating capacity of BOO. Manos operates seven other the- atres in eastern Ohio. m' TO RING DAY AND DATE IN 15 KEYS A total of around 16 day-and-date openings of The Story of Alexander Graham Bell' are being arranged by 20th-Fox to follow two special pre- views April 29, one in Washington, the other at the World's Fair in . San Francisco. Key openings will be April 14, one week ahead of na^ tional release. The preview in Washington, AprU SO, will be under the auspices of the National Geographic Society, of which Alexander Graham Bell was an early president, while at the Frisco Fair, April 29 will be desig- nated as '20th Century-Fox Day.' Plenty Bellyaches - St. Louis, March 21. A small epidemic of ptomaine poi- soning hit Film Row during the past several weeks and laid low half- a-dozen men. Nona were seriously affected, although medical attention was needed. Among those taken ill were Hal Walsh, manager for WB; Russell Mortensen, of Columbia; Jack Hines, ef Universal; Florence Patke, of 20th-Fox; Clift Burt, film deUvery operator, and Bernard Temborius, M exhibitor of Lebanon and Breese, BLANK EYES PAR HOUSES IN LINCOLN Lincoln, March SI. Word got around again here this week that A. H. Blank is consider- ing extending his Paramount part- nership into this situation. If In any way the Par-J. H. Cooper dealings foul. Blank was here last week tak- ing a look at the Stuart and Ne- braska (formerly Orpheum) proper- ties, presently guided by Cooper and Par. He was accompanied by G. Ralph Branton, the Tri-SUtes gen- eral manager; David Dewey, Trl- States maintenance head, both of Des Moines, and Evert Cummings, his district manager of Omaha. Blank's Tri-States string is already in Omaha, Grand Island, Hastings and Fairbury in Nebraska. Meantime, the whole staff went on to Hastings for a survey of the Trl- Stetes property there, including, be- sides the Rivoli, the old Alexander hotel. Latter is being renovated and will be leased to the Carter Hotel Co. 2d O'Brien Cowboy Hollywood, March 21. Coronado signed David O'Brien for the male lead opposite Judith Allen in two cowgirl westerns, 'Cov- ered TraUs' and 'Stagecoach West- ward.' ^ . „ The pictures are for Grand Na- tional release. F-WC Bays One Los Angeles, March 21. Fox-West Coast acquired the Bel- mont Stores theatre. Long Beach, from William Woodworth, who re- cently inherited $300,000 and retired from show business. House lis an 850-seater. Kinsler Heads WB Cincy Branch; U Switches Exchange Managers Cincinnati, March 21. Ralph Kinsler, former district manager for Grand National, joined Warner Bros, as local branch man- ager. He succeeds Al Slimitken, who held the post for five years and has been tran^erred to the same ca- pacity for WB in San Francisco. KaoSman to Cleve, Pittsburgh, May 21. Transfer of Joe Kaufman, man- ager of the Universal exchange here for last three years, to the Cleveland office has just been set. He takes over his new duties there April 3. Kauffman succeeds Joe Engel, who goes to Albany, replacing Jerry Leary, taking a leave of absence on account-~Df ill health. Jules Lapidus has been named to take over the local U office. He's been with Grand National since 1936, more recently as a district manager, and before that was with Metro here. A. and Oroom Geia Third Hons* Charlotte, N. C, March 21. E. Groom, operator of the State Moor theatres In Mooresville, leased the Carolina there from B. A. Troutman and took immediate charge. At the same time the Carolina was opened under its new management. Groom closed the Moor, stating he would concentrate his efforts on th* State and Carolina. Coast Mgrs. Shift Around Los Anfeles, March 21. George Kane, assistant manager of the Fox California theatre, was named manager of the Inglewood, succeeding Earle Peterson, trans- ferred to manage the Fox Ritz in Great FaUs, Mont. Leo Hirshon moved in as manager, of the Forum, replacing Joe Kelly, transferred to the northwest. Jack Edwards was shifted from management of Fox-West Coast's Ju- dith, Lewistown, Mont, to Rialto, in Butte, replacing Nat Blank, resigned. Joe Kelly, manager of Warners Forum, was shifted to management of the Al>erdeen in Aberdeen, Wash. Robert E. Armstrong, former publicity-advertising head for the Jensen-Von Herberg circuit in Seat- tle, moved to the Regent-State cir- cuit in Springfield, O., in a similar capacity. New Dress Columbus, March 21. Southland theatre here is dark for extensive modernization. Improvements will Include new seats, new screen, complete redeco- ration and new acoustical treatment Floor Is being changed to give better vision. Built for Continuing Research ERPI • • • to assure ever-finer ^ entertainment in your theatre Sinco the introduction of sound in motion pictures^ERPI and Bell Telephone Latxiratories — which developed the fltvt practical ap- paratus—have pioneered in sound recording and reproduction re« •earch. These development* have been tneul* available to the industry In Western Electric Sound Systems —used by leading producers and thousands of theatres throughout the world. In Introducing sound pictures. ERPI accepted a definite respon* sibility tothe industry.Now.ERPI reaffirms its acceptance of that responsibility. Conscious that the future prog> ress and prosperity of the industry depend upon continued improve- ment of Bound pictures through research, ERPI— backed by Bell Telephone Laboratories— will continue to deVote its efforts to meeting the problems of today and anticipating and solving thoso of tomorrow. Electrical Research Products I nc A SUBSIDIARY OF Western Electric so VARIEJY PICTURES Wednesday, March 22, 1939 Film Revietvs Home on the Prairie (Continued from page 20) plenty. It should get average Autry money. , .. Autry is cast as a new kind or sheriff, the unglamorous state-line kind which examines incommg vehicles for any germ^carrying cargo. His comedy assistant is Smiley BurnettCi Setting up the story, the Bcripters introduce hoof and mouth disease, the dread.plague of the cattle country. A group of cattlemen headed by Walter Miller and Gordon Hart are trying to ship their dis- seased herd, but Autry slaps a quar- antine on the whole countryside. Miller-Hart gang dumps evidence of hoof-mouth on his girl's ranch, which almost gets across with the author- W«s. ■ . June Storey is the film s femme section, a trim subject who has been on the major lots previously. Shes more at ease than anyone else in the cast, and much classier than the rank and file of western heroines. Autry sings three songs, Smiley Bumette one, and there's a sessipn of the Rodeollers, hillbilly orch, for the music side. None of the offerings are out of the ordinary. Strange for a western is the use of an elephant, which falls into Bur- nette's hands when a medicine show runs afoul of a sheriff. Animal adds a few comedy moments, but is. out of place in the story. Bam. Concentration Camp (BUSSIAN M\DE) Ainklno produoUon and release. Features O. Jakov, 3. Bhlrokova, S. Meztalnskjr. Di- rected by A. Uacbarat; scrsenplay by I. Olesba and A. Macbaret; muelo by Lev Bcbwartz; camera, E. Andrlkanls, At Wal- dorf, N. T., atartInK Marcta 18, '30. Run- nlns time: 69 UIKS. Paul ..O. Jakov Mary .' S. Sblrokova The Pharmacist 9. Mezblnsky Tideman ...I. Kudrlatsev Camp Commander.... V. Vanin Oswald S. Uuratov Frantz A, Konuveky Robert I. Doromin Bchultz.... A. GrlbOT Walter I. Xoval-Bamborsky (In Russian, with English TUIes) Developments in Europe and the Orient have produced three propa- ganda films of a sort in the last 10 days. The 400 Million' gave the Chinese side of the Sino-Japanese struggle. The Crisis' touched on Czechoslovakia's treatment before .and after the Munich paci Now ^Concentration Camp' directs a well- simed boot at Hitler and Nazi meth- ods. It Is propaganda celluloid and easily the best of its type to come along in months, because the film tells a story and manages to be en- tertaining. ^, ^. Picture unfolds the machinations of Hitler's military regime in con- siderable deUil. Episodes in „u>e concentration camps paint the Nazi storm troopers in blackest hues. Yet some may contend they are a ■ pit mild compared to e^ j-witness stories related by correspondents returned from Germany. „ . „ , » The production naturally is Soviet Russia's summary of Nazidom as it exists today, with emphasis on how this affects communism and the Workers' Party. Scripters and pro- ducers .reveal the underground sjrs- tem of secret meetings whereby the laboring group manages to escape much of the Nazi terrorism. Climax is a sweeping episode In a typical German airplane factory, in which the workers disavow the military regimentation and decide to strike. Film shows the red front comrades ganging up on the Nazi military, with a last-minute plug for the So- viet Union. For story purposes, the feature develops a conflict between the secret activities of the Communistic Work- ers' party and the dorriineering storm troopers. This conflict is main- tained to the end, despite brutal epi- sodes and stupid manhandling by Nazi forces. Ifs effectual in putting across the message against Nazi domination. Picture is well directed by A. Macharet, with a fairish script job to help. O. Jakov, S. Shirokova, V. Vanin and S. Mezhinsky make the four leads living creations, with the support a step behind. Photography ranges from topflight to sloppy, bad- ly lighted scenes. English titles are n.g. Wear. FLYING G-MEN (SEBIAI.) Columbia production and release. Features Robert Falge, Richard Flake. James CralS, Loma Oray. Directed by Ray Tay- lor and James W. Home; screenplay. Rob- ert B. Kent, Basil Dickey and Sherman Ix>we; camera, Benjamin Kline; editor, Richard Fantl. At Colonial, Lincoln, dual. Running time (per Episode): 18 MIN8. Andrews (Falcon) Robert Paige Davis Richard Fiske Cummlnga James Craig Babs. Lorn a Gray Billy w...... '.Sammy McKlm Columbia's serial authors dream up some terrible things— gangs who menace a whole nation, attacks of spys along lines of a major invasion without an army, and reigns of ter- ror. One of these is 'Flying G-Men,' distinctly for juve appeal and for the week-end bookings. Planes smash up, plans disappear and spies strike at the nation s de- New York Theatres THERE'S A BETTER SHOW AT THE X BEO. FRIDAT. SUBCH t* "YOU CANT GET AWAY WITH MURDER" HUMPHREY BOGART .. In. Keiflon. JIMMY DORSEY and ORCH. STRAND BHOApwAY PARAM0UNT8^^^ BOB BURNS "VW FROM MISSOURI" nlth OLADYS aEOnSE In PenoB Dorothy Lamour Miicha Aver Chas. Barnet And Bund o'iiS^MUSie HALL lOVE AFFAIR" Spectacular. stage Productlone f tb At. « 00th St. ROXY Aix ^ee«b ''The Hound OF THB Baskervllles" —On tha Btar^ New Stage Show "3 SMART GIRLS GROW UP" cm TED ABTI8T8 Dwn 0MB IM A.M. RIVOLI ".'9!«.''S!' at 49th Rt. MIDNITE SHOWS NOW H-O-H'e "ICE FOLLIES OF 1939" Bterrinc JOAN CBAIVFOBD WALLACE BEERY As " BEBOEANT MADDEN" r tnt nm ft. mWHesliswi • •ao k lESUEMWnWDinBeniaidSbew'a TGMALION ■till Bli Wftkl Am M-O-M Hk TODAY r Jam ee 8TKWABT ■ Ceiole Shejtfflr«Ga|)Ie 2^^°^ 'IdloVS Delight' EaehVth^r^ j GEO. HAIX OBOH M?^jS^ ' fense, bringing four flying .G-men into the picture. Plenty of flying, fights, and narrow squeaks keep Up a full quota of Interest lor the kids. No performances are particularly outstanding, typical action stuff. Bam. NOIX DE COCO ('Coeoanat') (FBENCH-MADE) Paris, March 10. A. E. C. release of A. E. C.-Ufa produc- tlnn. Stars Halmu; features Marie Bell, Michel Simon. Suzet Mais, Ollbcrt Oil. Di- rected by Jean noyer. Adapted by Marcel Archnrd from orlxifinl play of same name by Marcel Archnrd; music. Von Parys; camera, W. PIndter. At the Marlgnan, Paris. Cast: Ralmu, Michel SImoh, Marls Bell, .<;uzet Mais, Gilbert Oil, Junle Aslor, Betty D.nunsmand: -Pernnnd Fabre. Giselle Pre- vllle, Maupl, Magdelelne Berbuet, Georges Lannea. Running time, B6 MINS. Chock full of amusing circum- stances, which are punched for all they are worth by Ralmu, "Noix de Coco' still retains the dialog verdure of the play of the same name which scored here a couple of years ago. Its fine blend of French tragi-comedy will go over in this country, but cor- responding results are doubtful else- where. Raimu, well-to-do horticulturist on the south coast, with an adult son and a married daughter^ is happUy married to . his second wife until a long-lost friend suddenly appears. Through a chance word repeated by the latter, he learns that his wife Is a former singer in a night club In Saigon called Noix de Coco, and, be- cause she was so well known by those who chanced through, she was called by that name hersielf. Thus he learns that he, like countless others who stopped at Saigon, had possessed his now respected wife. Ralmu never misses. Although one can hardly imagine Marie Bell as be- ing a Noix de Coco, she does well in the role. Michel Simon, as the sim- ple, unsuspecting son-in-law and hus- band of Suzet Mais, develops some droU comedy, although Miss Mais overplays the severe and exacting personage she Is supposed to be on occasions. Gilbert Gil plays the son well. Giselle Preville, his girl friend, and Femand Fabre as the friend who reappers, also do well. Hugo., L'ESCLAVE BLANCHE CWhlte Slave') (FBENCH-MADE) Paris, March 11. SIstrlbuteurs Assocles reltaae of Lucla- Fllm production. Stars Vivians Bo- manee; features John Iiodm and Marcel Dallo. Directed by Marc Sorhln. Orig- inal, Iieo Lanla; .camera, Michel Kleber. At the Marlvaux, Paris. Cast: Vivians Romance, John Iiodge, Marcel Dallo, Satumln-Fabre, LAufsa CarlettI, Mlla Feroly, Sylvia. Lupovlcl, Roger BIIk Running time, M BINS. 'L'Esdave Blanche* has a solid foimdation and Is set for good re- turns here with more than average returns abroad. Mysticism of a tire-war Turkey with its marked restrictions on the rights of women, its corruptioh and intrigues, has been handled fairly well, but more forceful are the out- standing differences between the near east and western Europe at that time. Viviane Romance, as the French wile of John Lodge, Turkish official, who gains the favor of the sultan (Marcel Dalio), Impressively spot- lights the natural reactions of a western mind ensalved in the strict regulations of an eastern atmos phere. Lodge, on the other hand, torn between the loye for his wife, the name of his family and his position, skims too lightly In places. Ruth- less intrigues, surroimding the sul- tan Is. led by Satumin-Fabre, as chief of Turkish police. Outstand- ing performance Is turned in by Dalio, as the sultan. Good support is^Ient/by Lupovlcl,' -sis' ^he-yoUng revolutionary leader. Louisa Car- lettI makes a sympathetic sister to Lodge and Mila Parely clicks as Lodge's mistress. Film loses out mainly by the cast- ing of western types as near eastern characters. Dallo, Lodge and Lupo- vlcl are the only ones portraying near-easterners who appear as they belong In the setting. Hugo. PORTLAND and Onb. (Continued from page 10) and 'Wharf (RKO). Weak $3,500. Last week "Wife, Husband' (20th) and 'Great Man' (RKO), $3,800. Panunoont (Hamrick-Evergreen) (3,000; 30-35-40)— "Little Princess' (20th) and 'Saint Strikes Back' (RKO). Good enough $5,500. Last week, 'Cafe Society' (Par) and Ter- sons Hiding* (Par) pulled after five days for just fair $3,000. "BlvoU (Indie) (1,100; 20-25)— 'Suez* (20tK) and Down on Farm* (20th). Okay $2,000. Last week 'Around Comer* (20th) and 'Shining Hour' (M-G), $1,500. " " United ArUsta (Parker) (1,000; SO- BS.^)— 'PygmaUon* (M-G). An- swared to exploitation for terrific $6^00. Last week, flee Follies' (M-G) and' TTorchy Blane' (VTB), average $4,000, and nioved to the Mayfelr. SEATTLE (Continued from page S) Ring* (M-G) and 'Four Qirls' (M-G), ^&rtyVvH) (i.800j 21-32-42)- "King Turf (UA) and 'Homicide Bu- reau^ (Col). MUd $3,500. I^stweek, ^Blondie' (Col) and 'North Shanghai' (Col), $3,400, so-so. Mnslo Box (Hamrlck-Evergreen) (850: 32-37-42) — 'Pygmalion' (M-G) (Sd wk). Still rating a big $4,000 after $4,700 last week. ■ _ Orpheom (H a m r i c k-Evergreen) (2,600: 32-37-42) — 'Oklahoma Kid' (WB) and 'O'Connor* (M-G). Top- ping all expectations with a very forte $7,000. Last week, 'Honest Man' (U) and 'Wharf (RKO), $6,600, big. Palomar (Sterling) (1.350; 16-27-. 37^2)— 'Pirates Skies' (U) and 'Navy Secrets' (Mono) plus vaude with Norvell, astrologist, headlining, good $4,2P0. Last week, 'Man Remember (RKO) and 'Fighting Thoroughbreds' (Col) plus vaude, $3,900, fair. Paramoant (Hamrick-Evergreen) (3,039; 32-37-42) — 'Wife, Husband' (20th) and 'Arizona Wildcat' (20th). Good enough $4,800. Last week, 'Cafe Society' (Par) and "Persons Hiding' (Par), $5,100. Booscvelt (Sterling) (800; 21-32)— 'Son Frankenstein' (U) and 'King Alcatraz' (Par). Nice $2,500 pace. Last week, 'Dawn Patrol* (WB) and" 'Heart of North' (WB), $2,300, good. BURNS PREEM SOCK10y2G,K.C Kansas City, March 21. New Bob Burns picture, 'I'm from Missouri,' following its preem here Thursday night, is out in front along film row. Was ushered in by p.a.'s of Shirley Ross, Judith Barrett and Lynn Overman, players, and Jack Moffltt, scripter. Being well received and looks to run up a top figure of $10,000. 'Stagecoach' puts the Loew house In the front rank. "Love Affair* at ttie Orpheum bringing in nice re- turns, but showing no exceptional strength. Esquire, which has heretofore been used by Fox Midwest as outlet for strictly 'A' films is switched to the second-run situation, beginning this week. Policy has been contemplated some time and appears house wUl classify as a move-over spot, at least for the present 'PygmaUon,' which showed little power in Its first run at the Midland, but which caused considerable comment, picked for this house. Estimates for This Week Esquire (Fox Midwest) (820; 10-25- 40)— 'Pygmalion' (M-G). Singled on its first subsequent run, which also inaugurates second-run policy here. Picture y/as light in its initial show- ing, and has no better chance here with $2,500. Last week, 'Down In Arkansaw' (Rep) and 'Inside Story* (20th) only dual bill in this house since its remodeling last fall, but light at $3,000. Midland (Loew's) (3,573; 10-25-40) —'Stagecoach' (UA) and "First Of- fenders* (C:ol). Off to a fair pace for $10,000. Last week, 'Hucfc Finn* (M-G) and 'Whispering Enemies' (Col), good $12,500. Newman (Paramount) (1,900; 10- 25-iO)— 'Missouri' (Par). Brought in for preem Thursday night. Received well and looks for strong $10,500. Holds over. Last week, 'Off Record* (WB) and 'Devil's Island' (WB), first double bill here in months, fair $5,500. Orpheum (RKO) (1,500; 10-25-40) —'Love Affair' (RKO) and 'March of Time'. Satisfactory $6,500. Last week. 'Darling Daughter' (WB), second week singled, $4,500, good. .. To,wer (Fox Midwest) (2,050; 10- 25-40) — 'Culver' (U) and 'Risky Business' (U). Fair $5,500. Last week, 'Little Princess' (20th) and 'Fighting Thoroughbreds* (Rep), nice $7,800. Uptown (Fox Midwest) (1,200; 10 25-40)— 'Little Princess' (20th) (2d .wk.). Currently attaching $3,000 to last week's okay $3,800. BROOKLYN (Continued from page 9) the Fox. Flatbush reopened with pic and vaude policy featuring Norvo band and Mildred Bailey plus 'Edge of World* on screen. Rivera has Milt Brltton's band on stage and single pie on screen. . EsUmates for This Week . Albee (3,274: 25-35-50) — 'Honest Matf (U) and 'Grand Illusion' (Ind). Satisfactoty $16,000. Last week, "Tail Spin* (20th) and 'Everybody's Baby' (20tb), *15,000, good, • Fox (4,089; 35-55-65 >r-Tersons In Hiding' (Par) plus Mae West p.a. with vaude. Powerful $20,000 on top of splendid advance ballyhoo for this engagement Last week, 'Secret Serylce' (WB) and "Woman Doctor' (Rep), okay $14,500. Met- (3,618; 25-36-50)— "Each Other* (UA) and "12 Hours' (RKO). Okay $16,000.. Last wefek, adloV (M-G); splendid $18,600. • ' Parsmonnt (4,126: 29-35-50)--'Darl- Ing Daughter' (WB) and "Lone WoU* 'HONEST MAN' \\y^ OMAHA PERKY Omaha. March 21. First real showing of spring weathier over Saturday and Sunday is snapping the b.o. takes here after slow session last week. • "You Can't Cheat An H«( and 'There Goes My Heartf ing the biggest drag this v Orpheum. 'Love Affair' dualed with "The Saint Strikes Back' is showing real strength at the Brandeis with $6,800. 'Fast and Loose' is getting loose support at the Omaha for $5,500. The film is dualed with 'Little Tough Guys in Society.* Estimates for This Week Avenue -Dundee -Military (Gold- berg) (950-810-850; 10-25)— 'SUnd Up' (M-G) and 'Son Frankenstein* (U), split with 'Spring Madness* (M-G) and 'Thanks Everything* (Par). Good $2,300. Last week, 'Sweethearts' (M-G) and 'Heart of North' (WB), split with 'Dramatic School' (M-G) and "Pacific Liner* (RKO), $2,500, fine. Brandeb (Singer-RKO) (1,250; 10- 26-35-40)— 'Love Affair' (RKO) and Saint Strikes Back' (RKO). Great $6,800. Last week, 'Darling Daugh- ter' (WB), fine, $5,500. Omaha (Blank) (2,200; 10-25-40)— Fast and Loose' (M-G) and 'Little Tough Guys' (U). Fair $5,500. Last week, 'Freedom Ring* (M-G) and Tour Girls' (M-G), good $7,500. Orpbenm (Blank) (3,000; 10-25-40) —'Honest Man' (U) and 'Goes My Heart' (UA). Excellent $11,500. Last week, 'St. liOuls Blues' (Par) and 'Devil's Island' (WB), good $8,400. Town (Goldberg) (1,250; 10-20-25) —'Motto's Last Warning' (20th), first run, 'Thanks Memory^ (Par) and 'Ghost Town Riders' (U), first run, tripler, split with 'Strawberry Road (U), 'Pacific Liner' (RKO), and 'Son Frankenstein' (U), tripler. Good $1,900. Last week, 'Lone Star Pioneers' (Col), 'SharpshootersT (20th), and 'Stand Accused' (Rep), tiripler, all first runs, split with 'Sun- down Prairie' (Mono.). 'Heart of North' (WB), and "Say French.* (Par), tripler, fair $1,600. mdn^ht' 8G, Mm* $10,000, Topper' lOiG, Pacing Forte Denver Denver, March 21. Three first runs — ^"Midnight,' 'Top- per' and 'Love Affair* — are running on' each other's heels for first honors. - !Midnlght* gave the Denham the best Saturday and Sunday so far this year. Estimates for This Week Aladdin (Fox) (1,400; 25-40)— •Wings Navy' (WB), after a week at the Denver. Average $3,500. Last week, "Wife, Husband* (20th), fair 53:000, after a week at the Denver. Broadway (Fox) (1,100; 25-40)— .'Pygmalion' (M-G), after a week at the Orpheum. Still able to get good $3,500. Last week. "Fast and Loose* (M-G), and "Four Girls' (M-G). okay $2,000, after a week at the Orpheum. Denham (CockrlU) (1.750; 25-35- "O)— 'Midnight' (Par). Ringing up a fine $8,000. Last week, 'Eagle and Hawk' (Par) (re-issue) proved sen- satlonal, doing best business of any re-issue house has ever had, $8,400. .Denver (Fox) (2,525: 25-35r50)— "Tonner' (UA). Good $10,500 in the bag here. Last week, "Wines Navy* (WB), only average at $8,000. Orpheum (RKO) (2i600; 25-35-40) —'Love Affair* (RKO) and "12 Crowded Hours' (RKO). Nice 410,000. Last week, 'Pyemallon* (M-G) and 'Boy SJaves* (RKO), strong $11,000, rating' holdouts every evening. Paramount (Fox) (2,200; 25-40>— "Let Live* (Col) and 'Lone Wolf (C\>1). Good' enough $4,000. Last weelt, "Made Me Criminal' (WB) and •Nancy Drew* (U), very good $4,000. (Col). Swell $19,000 and holdover. Last week, 'St. Louis Blues' (Par) and "Third of NaUon' (Par) (2d wk), $14.500.. Strand (2,870; 25-35-40) — 'Forged Passport* (Rep) and Uavy Secrets* (Mono) plus 'Lone Ranger* install- ment Will get quiet $5;0OO. Last week, 'Whispering Enemies' (Col) and 'I Am Criminal' (Mono) un- eventful $5,000, Red^ "WASHROOM INFECTION" Onliwon Towels and Tissue Vedncaday, March 22, 1939 VARIETY 31 Hi ^^^^^^^ POLICY... Twenty y^"" „„ idea was born. Because they ago, an laeu , believed thot quality entertainment could be achieved aniy v/hen the producers were permitted to make pictures the way they wanted to moke them, Mary Pickford, Charles Chaplin, Douglas Fairbanks and D.W. Griffith formed United Artists GorporoHon. "»l Rood, Tod ^"""l' cele. »2 VARIETY Wednesday, Mbrch 32, 1939 $10,000,000 WORTH OF 0U1 WHEN EXHIBITORS STEWART Made for Each Other Smash hold-over/ at Kadio City^ Ivlusic Hall.: >Top grosseriat .every^ subsenuent opeiw ;j says: v« Evokes .wch thrilling tdram^; that it mayiwcUj !| point the Wy_to-« Wer,morihu»«n kind of Hoi art' nAVlDO.SELZNICK Produced by DAV^^^^^ Dallas" appeaV-CUcks « 4 R snorter. EDWARD SM^LL presents ADOiPHE MENJOU in KING OF ^DOLORES CTSIUL^^^ • WLUAM WALTER ABEL* ALTER Hptu- .,EB t e«tE* 1 «*Sliould run until tlie to the prayer of exhit) y ^^^^^ ^^^^^ y^^,, the coachl" itors. WAITER W ANGER ^ STAGECOACH Weineed*j, March 22, 1939 VARIETY 8S LANDING ENTERTAINMENT NEED IT MOST... Alexander Korda^" The Dead E»*°*i;,,*^o»»»c» Violent quee selling from with EDN'^ uirtotne Clewes • BW^N HURST M»oc\oie ^.r WooUcGtt, iatnous ...AND MORE 34 VARIETY Wednesday, March 22, 1939 lUME FURY ...-jiBii»s.»«»» Eye-iiUing spectacle. ^^^^ * • Tie Count oi Monte tsto''.Oneoithe.otWs truly immortal stories ^aved by a new ro- •Jn/cstarcon.bina«onJ THEM AH IROH MASK ' . 11 A, Kteen can hpU ALEXANDER READY NOW.... THESE NINE GREAT '4^" ATTRACTIONS . . . CLIMAXING TWENTY ^M.^.. YEARS OF PROUD U. A. ACHIEVEMENT! '^■jb'^ Wednesday, March 22, 1939 RADIO VARIETY 35 'SUE THE SPONSOR' THREAT Ford Concerts Ending; Shift h Several Major Program Time Spots Several major eceounls will chUt either networlis or spots this sum- iner, CampbeU Soup wants to move Orson WeUes from Friday night (9- 10 pjn.) to the lllte segment now oc- cupied by Ford Sunday nights. H this switch goes through Maxwell House coffee will quit the NBC red (WEAF) llnji (Thurs,, 9-10 pjn.) for Campbell's present niche on Colum- bia. General Foods would retain the Thursday hour but use it for the runoff of two half-hour shows, with one of them the 'We the People' stanza, now on CBS, and the other probably the Joe E. Brown show. ■ The exchange wouldn't lessen General Foods' present discount al- lowances In either case. Entry of CampbeU into the Sunday night slot Indicates that Ford doesn't plan to continue next fall with its symphonic session. Latter has held the same spot for five consecutive seasons. Franlde Frisch Succeeds Fred Hoey, Local Fave Who Wanted Coin Boost Boston, March 21. Frankie Frisch, former manager of the St. Louis Cardinals, will han- dle the play-by-play descriptions of the home games of the two Boston major league teams this year. At- lantic Refining Co. will sponsor the broadcasts which will be aired every other day. while the teams are In town.' No sponsor has I>een signed as yet for the alternate days. Colonial net will air the series, and~ two ■ nightly sports roundup broadcasts by Frisch, Thursdays and Saturdays during the baseball sea- son. Blackstone Cigars will sponsor these. The announcement was front page news here because of the popularity of Fred Hoey, whom Frisch suc- ceeds. Hoey has been broadcasting sports in this town for 13 years, and had plenty of backing from the lo- cal sportswriters. A rumor that he was on his way out two years ago brought out a bombardment of pro- tests from the scribes, and Hoey con- tinued at the mike. John Shepard, 3rd, said he wired Frisch March 12, and signed him March IS. Hoey had asked for a salary raise, which the Colonial net figured unjustified, Shepard said. Reported salary for Frisch is $20,000. DANCE FOLLOWS RADIO SHOW AND POPULAR Cincinnati, March 21. . : Stunt of. .foUgwing .up , it^. ...stagf,. shows with a dance party for specta- tors, tried out Friday (17) by WLW's Boone County Jamboree troupe, smacked of success that warrants repetition here and also in outlying towns played by the show's units, according to George Biggar, director of Crosley's rural programs. Combo experiment was In the nature of a forced issue. Occupancy of Music Hall's main auditorium by the Ballet Russe de Monte Carlo, Its north wing by a roller derby and the south wing by a dog show, com- pelled transfer of the weekly Boone County Jamboree to the upstairs Topper balhroom, Cincy's biggest dansant After the stage show, part of which is aired by WLW. tem- porary chairs were cleared and the 1,800 patrons were permitted to re- main for dancing, split rural and modem. Butler, Jr., Breaking In Ralph Starr Butler, Jr., son of General Foods' No. 1 man on adver- I'Smg. promotion and merchandising, is in the radio department of Young « Rubicam. He's assisting on time and talent buying details. What to Expect Two giddy gals were being ushered through Radio City on the regular NBC tour. At the conclusion, one asked: 'Really, will all this be torn down after the World's Fair?' WM. MORRIS TALKS DEAL WITH WLW Deal Is in negotiation for • talent tieup between the William Morris office and the Crosley stations, WLW and WSAI, Cincinnati. Bill Murray, of the Morris office, is due out in Cincy In about a week to close the contract. Stations would serve as show- window for programs and talent agented by Morris, which, in turn, would act as booking and selling reps of WLW-WSAI programs in the commercial and i>ersonal appearance fields. Straight Through Heat For 'We, the People'; But Changes Product •We, the People' (CBS) wiU re- main on the air through the coming summer, with the plugged product shifting from Sanka coffee to Jell-O chocolate pudding around the middle of May. It will be the first time In Its three- year existence that the program hasn't been given a vacation. SEEDS AGENCY GETS MORE B&W TOBACCO Chicago, March 21. Brown & Williamson tobacco com- pany goes on a coast-to-coast ride over the NBC red web starting May 2 with a program tagged 'Uncle Dan's Doghouse' for Raleigh tobacco. Show has been on WLW, Cincin- nati, for a local test on Big Ben pipe tobacco. Set through the local Rus- sel M Seeds agency. This represents the acquisition of another hunk of the B-W account by Freeman Keyes, who has been stead- ily slicing off pieces of the B-W ad- vertising business, incIuding'Big BSh, Avalon cigarettes and Bugler. New show will continue to origi- nate at WLW on a 30-minute gallop at 10:30 p.m. eastern time. Vick Passes Seth Parker Vick Chemical is not picking up the option it has on Seth Parker's (Phillips Lord) services for next sea- son. Lord revived the a.k. character last fall for Vick 6nd is due to put it back in camphor next month. Bob Hope's Loafing Spell Hollywood, March 21. Bob Hope drops off the air June 20 for a quarterly respite. Filler will come from the east. Pepsodent will likely retain Its half-hour spot on the NBC red (WEAF) link Tuesday nights. Lord St Thomas, agency on the account, is scouting ■ around for a program pinch-hitter. Agency at first had considered re- placing Bob Hope with Milton Berle during the former's 13-week vaca- tion, but later decided that It wouldn't be good policy to pit one comic against another. USED TO SHAKE Talent Chiselers Still At It — Have Discovered That Threat to Make Adver« tisers Party to Action Em- barrasses Everybody LOTS OF NERVE 'Cut us in or we'll sue the spon- sor and spoil the deal.' This is the blunt gist of what chiseling 'agents' have been pulling on radio talent with Increasing frequency in New York the last several seasons. It. amounts to collecting a booking commission without performing any actual service, or being in any way responsible for the closing of a con- tract This bare-faced tactic is again reported in connection with pending deals for summer ' substitute pro- grams. What the shake-down agent relies upon Is (a) the average sponsor's instantaneous retreat from any threat of Involvement In talent liti- gation (b) the talent's eagerness to close a deal and willingness to pay off tmdeservedly, rather than risk a nuisance Injunction, or other forms of legal harassment. Most of the shady gents who try this sort of thing don't hang around long, They rapidly become poison to everybody. They do, however, manage on occasion to extract their weekly graft for the life of a con- tract imder the 'or else' system. They know, and exploit, the panic that grips ' businessmen when plag- iarism, infringement, ownership feuds or other forms of theatrical actions at law bob up during ne- gotiations. Cunning trick is to make the sponsor a party to the suit (with or without publicity). It is simply necessary to serve papers on an in- experienced radio advertiser to tlirow the board of directors into an uproar. The embarrassments and ugly suspicions that follow are more than likely to chill any pending deal of which the chiseler has gotten wind. Aeent's Inlrodnction' Of course the agent always pro- fesses to have 'introduced' two peo- ple who later met two other peo- ple and started the deal. The link may be vague, but with plenty of nerve and no conscience the chiseler makes the most of it. When the vic- tim refuses to acknowledge his 'debt' and sign a paper guarantee- ing cash payments, the chiseler as- sumes an injured air and threatens to sue the advertising agency and sponsor as 'conspiring' to cheat the cheater. This approacli is rriade to the talent primarily.. Orchestra leaders are the easiest to work it on, but any radio personality getting $1,000, or lietter, a broadcast may be victimized, especially if desperate to get the program that's involved. One of the most notorious cases in- volved a radio personality who first heard of a probable contract through a tip from a disinterested friend. This was a week or more before three different chiz gents turned up, one by one, to claim, each in turn, that the contract hinged on their efforts and good will and could be killed by their ill wUl. Radio star paid off 10%, 5% and 2%%, each agent getting less as he applied the pressure. The unwarranted 17V&% chisel was the difference be- tween profit and loss. The person- ality only took the radio account be- cause it would help obtain theatre Ijookings at better prices. What makes the whole routine of talent deals in radio so invidious Is that there are legitimate cases of injured parties. These legitimate cases seldom obtain any redress be- cause, unlike the shake-down boys, they won't stoop to the methods of the latter. They merely grumble and write a few letters and get no place. 36 Hillbillies Into Cincy Local At Special Union Scale of $40 Weekly; Important Radio Move Times Change A grafting talent booker of the glad-bad days of early net- work radio once pocketed an Illicit $14,000 in a single year from a radio personality. Last week the grafter, now washed up, tried to borrow $10 from the same radio personality. 'You got enough from me,' was. the unsympathetic turn- down. STARPARTSFOR AMECHE OFTEN COMPUCATE Because Don' Ameche's contract with Chase & Sanborn calls for him to have the biggest male part in any dramatic sketches on the Sunday night program, considerable diffi- culty ensued over preparations for Maurice Evans' appearance on the show last Sunday night (19). Shakespearean actor who is current- ly starring In 'Henry IV at the St James, N. Y., wanted to do scenes from 'Hamlet,' another of his noted portrayals, but the agency men pointed out the Ameche contract would make that difficult to arrange. At this point a wag suggested that Evans play Polonius in the Closet Scene, in which he'd behind a cur- tain and his only line a groan when Hamlet stabs him. Evans finally read portions of his 'Richard II,' with Ameche playing Bolingbroke. Previous week's stanza included a briefie from 'Victoria Regina,' with Helen Hayes. Vincent Price, who created the role of Prince Albert on Broadway, played the brother Ernst, while Ameche did the Albert part. Camel Smnmer Sub Up Eddie Cantor starts on his 13-week vacation from Camel after the June 12 broadcast Question of Benny Goodman continuing for the same account is due to come up the mid- dle of next month (April), Good- man's contract runs out at about the same time. The reports from Goodman head- quarters are that the ' bandman Cincinnati, March 21. A scale for hillbilly musicians, newly admitted to Cincy local No. 1, \merlcan Federation of Musicians, is being worked out by Oscar F. Hild, president of the union,- and managers of radio stations here. Agreement is planned to become ef- fective April 1, according to Hild. Weekly salary proposed by the union Is $40, which Is three-fourths of the minimum pay for regular musicians. Maximum wage for latter group is $85. Variance of the regular scale is based on the amoimt of each station's annual revenue. At present there are 36 hillbilly guitar, fiddle, banjo anc( harmonica players employed by the five Cincy stations. Most of them have been receiving 'more than the tmlon's con- templated figure. Under the new set-up, however, there would be less working hours, including time on the air and rehearsals. Changed plan will bar the gates to Itinerant hoedown muslkers whose custom It has been to broadcast for a fan build-up and announcements of their personal appearance dates at theatres, auditorliuns and schools in primary areas, without expecting pay from stations using them. WLW TO FILE POWER APPEAL Cincinnati, March 21. Jim Shouse, general manager of Crosley's broadcasting division, stated Monday (20) that WLW will begin legal steps early this week for restoration of super .power. Duke Patrick, the firm's chief Washington counsel, was Instructed to file pa- pers in the Federal District Court of Appeals at his end. Decision for immediate action was reached over the week-end by Powel Crosley, Jr., president 'and Charles Sawyer, head of his general counsel, at a powwow In Florida, where Cros- ley has been watching his Cincy Reds in training. AFRA Signs Don Lee Los Angeles, March 21. American Federation of Radio Art- ists last week signed a sustaining contract with the Don Lee network. Pact is the same as that already in effect with NBC, CBS and Mutual NOW IN EDITORIAL AND ADVERTISING PREPARATION 86 VAREBTT BADIO Wednesday, March 22, 1939 'OPEN HOUSE' AT ALL RADIO STATIONS WEEK OF APRIL 17; SEEKING GOOD WILL Big Splash to Start Combined Station • Retailer Campaign to Preserve 'American Way' of Radio Through Sponsored Entertainment MUST BE UP IN LINES Joe Lewis Hm Theory Abont Memo- riling DUloc Washington, March 21. Radio's campaign to sell . the Idea of freedom from government dicta- tion as well as to attract business, moves ' into high gear next month with broadcasters, set makers and dealers due to join hands in the first direct appeal to the listener via the microphone. To date, printed edu- cational matter only has-been em- ployed; In trying to pioneer a new form of showmanship, joint iwmmlttee from the Natidnal Association of Broadcasters- and Radio Manufac- turers Association has mapped out a plan which goes forth to both branches of the Industry within a few days. Chief feature is scheme for both transcribed and'Uve talent broadcasts boosting public apprecia- tion of the 'American 'system' and the quality of service rendered by stations and networks. Radio open house throughout the nation; is carded for the week of April 17, with.. operators being re- quested to arrange special demon- strations and attractions which will pull the dial-twisters into the studio for a hypo of propaganda. ,By im- pressing the average listener— who in most cases is a voter— with the benefits aiid advantages flowing from private ownersh^ and opera- tion, Qie two trade bodies hope to reci-uit valuable support for their efforts to resist pestiferous degree of government regulation as well as possible government confiscation of broadcasting. In advance of the open house per- formances, NAB and RMA will proposition station proprietors and retailers to huddle for mutual bene- fit In discussing radio promotion technique. Broadcasters will invite dealers to hear recorded dramatiza- tion on the use of radio from view- point of public, dealers, stations and sponsors. Messages from Neville Miller, NAB prexy, and A. .Wells, RMA headi'Will be included.- Snstaining Series Big push consists of special sus- taining shows over the three na- tional webs, backed up by local sta- tion features, plugging radio in gen eral. Nets have assured NAB they are «et to go with talent dramatiza- tions. World Broadcasting System currently is turning out discs, tagged '18 hours a day,' for non-network outlets. Other waxworks are ex- pected to turn out similar platters. Stations will get the records for nominal or no cost. Besides this general missionary work, NAB-RMA bralntrusters are encouraging broadcasters to copy the methods of the press and point with pride to individual accomplish- ments. Linked to the theme that this has been possible because of freedom-, under the American sys- tem,' station and network puffs will be suggested as accompaniment to unusual spot-news broadcasts, do mestic and imported By tactful mixing, the. planners feel sermoniz- ing Can be sandwiched in with the station and network Identifications. 5S,00« RetaUers AssisUnce of th'e dealers is being solicited. The estimated 55,000 re- tailers are asked to placard the open house idea, so that passers-by will be lured by- window displays even in case they do not chance to be listening when station invites are antennaed. No paid space will be bought, but the leadihig manufactur- 'ers plan to Insert general good-will blurbs in their own advertising copy. To keep the industry on Its toes, NAB contemplated maintaining a clearing house for promotion ideas. Exchange sheet will acqualiit trade association members with novel stunts conceived .by others of the family. Similar to Variety's show- manship page. Additional promotion schemes are currently under discussion, with the two radio groups figuring on enlist- ing the aid of other lines- of business — which have a .direct monetery In- terest in radio or otherwise come into direct contact with broadcast- ing— to broaden the get-acqualnted campaign. Boolclet summarizing the Ideas so far perfected will be sup-, plemented by sort of news-letter rounding out the showmanship ex- change. Address: C/O NBC Alton Cook, radio columnist of the New York World-Telegram, •writes his daily output at the NBC studios In Radio City. Pageboys deliver Columbia's releases to NBC press dept., where they are held for the col- lunnist Piracy Via Recordmg WooM Be Felony In Proposed N.Y. Statnte . Albany, March 21. The unauthorized, recording, for pecuniary gain, of any .broadcast emanating from a station in New York State, the offer, for sale, lease or license of such recording, or the possession for the purpose of sale, lease or license of the waxing, would be larceny, under the terms of a bill introduced by Sefnator Charles D. Perry, Manhattan Demo- crat. Making such offenses a felony is believed an effective way of checking pirating. However, the measure hardly would hit baseball bootlegging this season because the effective date Is set at Sept. 1. "The Perry bill provides that 'any person' recording a broadcast 'with- out the consent In writing of the person or persons broadcasting the same,' offering it for sale, ete., 'is guilty of larceny.' Also that 'rec- ords of any recording made In vio- lation of this section may be seized on a warrant issued as provided by the code of criminal procedure, and the court or any judge or justice thereof may, on proper cause shown, order the destruction of such rec- ords.' LEW PARKER OF VAUDE GETS SHOE ACCOUNT Lew Parker, comedian who picked up the vaude routine of Bob Hope when the latter went Into pictures, replaces Budd Hulick on the Enna ,fettick Shoe show on WABC, N. Y., March 25. Show Is strictly local, but may change soon to a limited net. Parker originally auditioned for the spot he's taking. Comedian's aforementioned vauda turn goes into the Loew's Stole, N.Y., tomorrow (23). Gnilbert Gibbons to NBO Chicago, March 21, Gullbert Gibbons, formerly radio producer for Lord & Thomas agency, has joined the NBC production steil here. Follows upping of Lloyd Harris to assistant chief teinship of staff. PhUadelphlB, March 21. New radio technique is being \ised by radio division of the Federal The- atre Project bere. It's the creation of Joe Lewis, recently placed in charge of the new radio division. Lewis, on shows he produces, de- mands the actors memorize their lines instead of reading them, uses a spotlight in the studio, . employs a floating mike, and has sound effects produced by the actor himself. . Knowing lines Is- Important, Lewis claims, t>£cause the actor 'cannot give free use of the psychic, subcon- scious creative apparatus -If he must use his conscious mind to read.' Spotlights are used to increase con- centration and minimize distraction, while thie traveling, non-directional mike, attached to a 10-foot pole, al- lows better vis-a-vis by the actors. May Broadcast Phy Baker Program from Honohiln For Dole Pineapple Eddie DeLange is being replaced by Harry Salter on the Dole show on CBS Saturday nights. Changes are also on the way for the vocal and stooge setup of the program. ' Phil Baker and the rest of the cast may have to shift their point of origination to Honolulu this summer. Comic's contract stipulates that he can be called on to broadcast from the island for four weeks. Hinds Honey & Almond Due for Fall Return Hinds Honey Se Almond Cream Is scheduled to return to a network hookup early this fall. William Esty agency is meanwhile lining up a group of programs to submit to the client Expected that Lehn Ac Fink will decide by May 1 on both the show and the network. . Tony Stanford Most Rest Hollywood, March 21. Tony Stanford has been forced off Kellogg Circle by production fatigue. Cal Kuhl filling in while Chase & Sanborn show is east. A. K. Spencer handled java show in New York, and Kuhl will be un- der assignment to produce both the C & S and KeUogg shows starting this Sunday (26). J. Walter Thompson agency hop- ing that Kuhl wIU be able to bear up under the dual burden until' Stan- ford recovers. At Jolson wants to do 'Emperor Jones'- for Lux with the agency in- terested. ii Advertising, as Sucli Sdd by RCA i ? ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦« M ♦ M ♦♦♦«♦♦♦< ♦ ♦♦♦♦♦ ♦ ♦ ♦ ♦ « ♦♦«♦♦♦«' Presumably typical, the forerunner of a campaign to make listeners con- scious of the commercial obligations that go with the American way of broadcasting is the following an- nouncement interpolated in last Sun- day's (10) RCA Magic Key program: 'In this Magic Key program we are trading with you nearly an hour's radio entertoinment in .return for a few minutes of your undivided atten- tion to what we have to say about the products and services which RCA has to sell. This is the way with aU the radio advertisers who send their programs to you over this network of stations — hours of entertoinment in return for a few minutes of commer- cial announcement The attention you give to these announcements is the one thing which. makes possible the maintenance of the- American system of broadcasting. 'There are more than 700 radio sto- tiohs in the United States. Practi- cally all of these stations depend on advertisers for their flnanr-ini sup. port. We suggest you make a point of listening closely to the commer- cial announcements on the advertis- ing programs, because these an- nouncements contoin much informa- tion of Interest and Importonce to you, news of labor-saving devices, of new improvements ' In products, of new values and of new uses for old products.' SPOBTS WBITEBS ON LOCAL Pittsburgh, March 21. Information Please' type of show has invaded the sports field here, and program featuring fiock of local by-line boys will hit WCAE first of April with Victor Bre-wing Co. bank- rolUng. Havey Boyle and Al Abrams, of Post-Gazette; Harry Keck, of Sun-Telegraph, and Regis Welsh, of Press, will be used. Diamond celebrities will also be recruited by the sports writers to 6H In cuffo with the scribblers on each program. 100 Leadofs by Networks Columbia In 1938 again leads tht NBC red (WEAF) link In the num- ber of customers to b« found among the year's leading 100 advertisers. CBS was also up on tht red when it came to exduslv* accounts. Fol- io whig is a breakdown of the numerical jrelationshlp between the va- rious networks and tht lists of 100 leading advertisers for both 1038 and 1937: Total Advertisers Network BKeloslve Advertisers 1B38 1937 19SS 1931 40 38 Columbia 17 21 35 3S NBC Red 10 . 12 28 29 NBC Blue 7 2 11 13 Mutual 1 2 Leo Fitzpatnck and John Patt Upped; Dick Rkhards Easing for Health Tliorwaii WRR, Stovdy Denies City's Charges; Latter Would Diqiossess - Dallas, March 21. John Thorwald, manager of mu- nicipal stetion WRR, and the city fathers are engaged in hot court fight here as Thorwald seeks to keep city from cancelling his contract, due to expire July, 1040. City al- leges Thorwald violated contract on eight counts, which manager denies. Developments in court drawing wide public interest with city's three dailies front paging all angles. City alleges- Thorwald collected $1,240 on debt owed WRR by an em- ployee and failed to report it; that he collected $100 weekly from man for five years without making report; tliat he collected $60 on an account and failed to malce report; that he swapped $1,400 in time to furniture firm In exchange for furniture; that he failed to account for funds col- lected on a noon program; that he broadcast 27 car dealer plugs with- out making report; that he aired 151 announcements for jewelry house, reporting only 70; that he collected $800 on a variety show and made no report Thorwald, seeking i>ermanent In- junction to retoin post, denies charges, maintaining he has made all required reports and has had boolcs audited once a year. He added therie were no complaints on service tlU last Fail and that collections from some programs were used to pay talent — two orchestras costing over $15,000 in last year. Thorwald testified stotion's toke is $60,000 a year, with city grabbing between $6,000 and $lO,O0O without risking a dime. His salary last year was $5,900, he said. JOHN CONRAD'S HIATUS Louise Massey Act Joins WLW, Cln- clnnall for Friday Chow Cincinnati, March il. John Conrad, in the WLW-WSAI promotional department for the past six months, took leave Saturday (18). He is expected to rejoin the Crosley org soon in another capacity. Vicki Chase, classical warbler, on IVLW for more than a year. Is another dcpartee. Newcomers to Crosley's 90,000- watter - are Louise Massey and the Westerners, formerly with the Na- tional Bam Dance and ' other net- work shows. Combo has been spot- ted on the Plantetion Party show, which airs on WLW and the NBC Red network on Friday nights. ' Gulf Spray's Seasonal Series with Jack Berch Gulf Spray will resume its sea- sonal, spot campaign- along the east- ern seaboard and south the middle of April, It will be a musical series featuring Jack Berch, with the schedule calling for two quarter hours a week tor 16 weeks. Young & Rubicam is the agency. BUBNS ASB ALLEN EAST HoHywood, March 21. Burns and Allen have l>een or- dered east during May and June by their sponsor. Chesterfield. Benefits of changed locale given as reason for the move. Bums and Allen are reported due to retire from Chesterfield payroll this summer, with. Paul Whlteman moving from his present Tuesday night spot to Chesterfield's Friday night niche now containing B & A. Detroit, March 21. Retirement of George A. (Dick) Richards from active participation In the operation of WJR, Detroit, WGAR, Cleveland, and KMPC, Bev- erly Hills, was indicated Monday (20) by the election of Leo Fitzpat- riclc to the executive vlee-^resl- dency. ' Designation was made at a meeting in Palm Springs, Cal., Richards' present home. John' F. Patt was at the same time named v.p. in charge of public relations for the three stotlons. Fitzpatrlck, who retains the title of general manager of WJR, en- trained last week for the Coast along with William A. AUs, counsel for the N.Y. Central railroad, and P. M. Thomas, treasurer of WJR and the Detroit tiions pro-football team. It was reported at the time that Rich- ards would likely withdraw from the presidency of the Lions team in fa- vor of Alfs. Richards has been ill for some time, and his doctor has advised him to ease up £n his busi- ness affairs. 26 Throwaways Carry Coffo Radio Chatter In Anti-Radio Detroit Detroit, March 21. Hadio Headlines,' a column which William Albert Jacoby storied sev- eral months ago as a hobby under the byline of .'Radio Jak'e,' is now being . carried by 26 throwaway weekly newspapers in the metro- politon area. Latter have a totol circulation of over 1,000,000, tht combined distribution of all thre* Detroit dallies. All Jacoby gets for his weekly column of comment is a plug for his radio service estobllsh- ment He at one time did radio chatter for the Indianapolis Times and Ster, the Cleveland Press and the Pittsburgh Press. The weeklies have obtoined con- siderable advertising from Detroit stotlons and figure that the radio col- umn will stimulate interest among local merchandisers.' The Detroit dailies are still maintoining their taibop policy toward radio columns. A two-week contest stoged by Ja- coby to pick the town's most popular announcer brought 75,000 letters. BIFFS FROM BUFF By Bod Reed Buffalo, March 21. To get even with the networks for scaring children, the women's clubs are scaring tlie networks. Major Lohr says radio Is not at war with pix; Japan says the same about China. . won Musical Clock claims to be the oldest show on the air at 14 years. Should be the Musical Cal- endar. ' In Montana, stotlons are not re- sponsible for what political speakers say. Often the speakers aren't either. The Shadow, who can make him- self Invisible, has now also become inaudibile due to the supernatural power of the sponsor. All members of that expensive sustoiner, the Saturday Swing club, have been expelled— for non-pay- ment of dues. Sam Hearn (Schleppcrman) back on the Jack Benny alrer on return from personals tour. •yednesday, March 22, 1939 RADIO VARIETY 87 COMMISSIONER NEH? UIOMAN FOR FCC LI E Hetirement of Eugene Sykes from the federal Communications Com- mission and the possibility of other resignations has stimulated renewee hopes among clubwomen that one ol their number or kind may get an appointment This idea was ad- vanced, but not taken seriously, some years ago. Now it is believed to be a definitely practical poliUcal step. Need for spectacular action to class up the FCC and erase some of the present sUgma, the recently renewed criticism of children's programs and other considerations all lend the color of credence to the woman com- missioner angle. Recent political- flirtations within New York clubwomen circles are believed to have some relation to this possibility. Washington Angles Waishington, March 21. Speculation over President Roose- velt's move to fill the seat which Judge Eugene O. Sykes vacates at the end of the month occupied FCC watchers last week. With the reor- ganization proposals hopelessly stymied at the Capitol, the FCC sit- uation Is an even more worrisome problem for the New Dealers. Any move to appoint a successor for Sykes will have an embarrassing re- action in view of Roosevelt's dedara- . tion he is thoroughly disgusted with the way the body Is functioning. But If the • board is not kept at full strength after April 1, chances of Irritating feuds and deadlocks are in- creased, since Chairman McNinch can count regularly on the support of only two of the other five mem- bers, Commissioners Paul A. Walker end Thad H. Brown. Reports that Brown may step down and revived hints that Walker will nst be reappointed or will quit when his term expires June 30 added in- terest to the constant discussions be- tween radio lawyers and broadcast industry reconnoiterers. The veteran Ohio Republican, who was the only other carry-over from the old FRC to the new FCC, is said by associ- ates to share Sykes' dislike for the constant scrapping and to be weary of dodging bricks. With Sykes gone he is thought likely to feel lonely and follow the judge's example. Fur- ' thermore he still has a hankering to re-enter Ohio politics, possibly with ■ view to running for the Senate next year or taking another fling at the governorship. Term of Vic Donahey, Democrat, who has balked the New Deal on various occasions, expires in January, 1941, and the chunge in political sentiment encour- ages the Republicans in Ohio. Sev- eral ambitious GOP figures are eye- ing the senate race and it will be Imperative for Brown — in the event he wants to get in — to return home and start rebuilding his fences soon. Walker's Stains Walker's tenure is even more problematical. Grapevine intima- tions that the White House will drop him in June have been common. Now there is talk that he wUl not 8sk to be renominated if the com- •nish rejects his report on the tele- phone industry, which has caused, a serious disagreement within com- njlsh ranks and brought much criti- cism from the outside. With no reUable indications of the Piesident's attitude, more than a dozen individuals have been sug- gested as possible appointees. To give a stronger New Deal flavor and possibly prepare for the departure ol Chairman Frank R McNinch. logical for the chief exec to look for a loyal administration supporter •who could move into the driver's seat as soon as he became acclimated. «ie list, admittedly based on guesses and attempts to approximate the workings of the presidential mind Includes: _^ Former Senator Fred H. Brown of •ew Hampshire; reputedly favored 'y the telephone interests; former The 'OfFenders' Washington, March 31. At last week's hearings before the FCC monopoly investigation two women from local parent- teacher units appeared. They denounced kid programs. Mrs. J..M.. Selby, of Washing- ton, named names. She dislikes ' Tom Mix, Lone Ranger, Gang Busters and Jack Armstrong programs. Rep. David J. Lewis of Maryland, Olha D. Wearin of Iowa and William McFarlane of Texas; Robert I. Ber- ger, former radio director of the Democratic National Committee and now broadcast boss for the National Emergency Council; Administrator John Carmody of the Rural Electrl flcation Administration, and several industry luminaries. Unlikely, in the minds of most watchers, that anybody connected with the operating end of broadcast- ing will get the nod. But in view of the furore over the disadvantages of having persons without, some know! edge of the industry in such a posl tion it is felt certain Whitie House advisors will turn thumbs down on many names being mentioned. Walker Denial Strong denial of reports that he will resign came Monday (20) from Commissioner Walker. Formal state ment, disclaiming rumor that he does not want another term, expressed hope the Commlsh will send Con. gress a 'strong report' on the tele- phone investigation and that legisla- tion will be enacted insuring 'ade- quate regulation' of the Bell system. 'The report of my impending resig- nation is false,' Walker asserted. 'As for the rumor from a utility quarter that I am not receptive to reappoint- ment because of criticism of my handling of the Bell telephone in vestlgation, that is utterly without foundation.' MILLER TOLD TO GO AHEAD WITHASCAP Custard Pie on Air DRY PROPOSAL WOULD SLAP ALL BOOZE ADS Detroit. March 21 Prohibition of all forms of liquor advertising is proposed in a bill In troduced in the Michigan legislature by Senator Floyd E. Town, of Jack son. Measure would eliminate the erection of roadside liquor advertiS' ing signs, film advertising of alco holic beverages and even recorded plugs for brands of spirits. Only form of ballyhoo allowed un- der bill would be erection of signs on premises licensed to sell liquor. And even those signs, would be lim- ited to 720 square inches and under in size. Measure would likewise prohibit consumption of beer and wine in public parks and amusement places, which is now allowed. (Genevieve Rowe on Road Takes Week's Air Hiatus Genevieve Rowe will temporarily exit from all five of her radio jobs week of March 27. Singer drops, off to fill a week of concert dates in Ohio opening March 28 at Dennison U., GranviUe. Sings with the Can- ton Syrnphony Orchestra at Canton, March 29. She is down also for the annual Bach Festival at Baldwin- Wallace school June 9-10. Five shows . she leaves for the week are both NBC and CBS Phil- lip Morris shows, 'Story of Song' on CBS, 'Music for Moderns,' CBS, and the Bach Sunday series on WOR. Changes at Petry Co. Edward Petry office In New York had another overturn in personnel last week. Norman Prouty and Mi- chael McGuire joined the sales staff, while Glenn Harker resigned from the same setup. Prouty used to be with Joe Mc- Gillvra and Transamerlcan Broad- casting Si Television Corp., while McGuire left N. W. Ayer a few months ago for the World Broad- casting System. Copyright committee of the Na- tional Association of Broadcasters yesterday (Tuesday) closed a two- day session at the Ambassador hotel, N. Y., by passing a resolution au- thorizing Pre'xy Neville Miller to open negotiations for a new contract with the American Society of Com- posers, Authors and Publishers. New covenant would . become effective Jan. 1, 1941. Miller was asked to try to. get to an understanding on the un- derlying issues with ASCAP by May 31 so that the committee could draw up a report for submission to the NAB convention in Atlantic City July. 10. Resolution urged that Miller seek to have ASCAP predicate its com- mercial fee solely on programs in- volving ASCAP music. Miller and John G. Paln^, general manager of ASCAP, got together last Tliursday (16) in the latter's office in New York for a talk preliminary to Monday's (20) meet-, ing of the NAB's copyright commit- tee at the Ambassador hotel, N.Y. Miller outlined to Paine the scope of the committee meeting and stated that the group had been selected with a view to having it represen- tative of every strata' in the broad- casting industry. It was the first across-the-table talk that the twosome have had on the subject of thoroughly reviewing the points of contention between the broadcasters and ASCAP and atr tempting to draw up a definite pro- gram of procedure. Adjoarn Without Action Seattle, March 21. Washington legislature is adjourn- ing without completing the repeal of the state's anti-ASCAP statute or passing the revised law on the same subject which had been introduced late in the session. The revised mea^ sure got favorable action, from the senate but the lower house side- tracked it on the ground that it had more important matters to mull. Local broadcasters who did not think the revised measure had a chance with the Washington law- makers, now hold that it's up to the National Association of Broadcast- ers to seek relief through amend- ments to the federal copyright act. Custard-pie slinging has been introduced in broadcasting. Joe E. Brown and the Post Toastie's program (CBS) are responsible for the innovation. Event oc- curred on last Saturday night's (18) instalbnent Staged before a Hollywood' studio audience program's antics bad to do with a treasure hunt in whicii a freshly baked, mushy cake served as the prize quarry. Just before the stanza's fadeout Brown's stuffed-shirt employer, 'Mr. Bullhammer,' insisted that the comic give him 'that cake in the pan.' After a few moments of buildup with shyness and re- luctance the theme. Brown de- livered. The roar from the stu- dio audience must have nearly blown out the tubes in the orig- inating controlroom. PENSACOLA-MOBILE SOLD JOINTLY BY NBC WCOA, Pensacola, Fla., which Joins NBC April 30, has turned over its national sales representation to John H. Perry Associates. WCOA will be sold jointly with WALA, Mobile, on the red and the blue links, and will also be repre- sented in the spot field by the Perry organization. Arrest 13 CongUinites For Breakmg Up YMCA Meeting on Tolerance Philadelphia, March 21 Some 13 members of the group which is picketing WDAS for its ban on Father C^ughlln were ar- rested and held for the grand jury last Wednesday on charms of incit ing to riot Police testified the 13 attemoted,to break up a meeting of the Committee for Racial and RC' liglous Tolerance at the Y.M.C.A. It was said they 'rushed' the hall, heckled 'even during the singing of 'America'; shouted denunciations of Jews and praises of Hitler, plastered anti-Semitic stickers on walls and tossed out scurrilous pamphlets. Police have limited the number of picketS'.ln front of the station daily to two. Merely a routine measure to eliminate congestion which was being caused, action has aroused the pickets to carry new signs asking: "Who puts the pressure on the -po- lice?' More than 500 pickets have been parading in front of WDAS on Sundays. UNA AIMARD SPONSORED Met Soprano on La Rosa Spaghetti Program Over Mntnal Lina Aimaro, Metropolitan Opera coloratora soprano, has replaced Ar- mando' Tokatian as singer on the La Rosa (spaghetti) program Wednes- day nights over Mutual. According to Commercial Radio Service, the agency on the account, Tokatian failed to appear for four programs, causing the last-minute substitution of Bruna Castagna and Carlo Mo- relU. Agency has voided Tokatian's con- tract and signed Miss Aimaro for the next five weeks, beginning tonight (Wednesday). Clubwomen circles in New York were buzzing las^ week following the events of the previous week (as reported in Varietv), plus the de- ferred luncheon attended since then by Chairman Frank R. McNinch of FCC. The latter made his customary disclaimer of any wish to be either . censor or autocrat, and expressed, a desire to hasten back to the peace and quiet of the Federal Power Commission as soon as he 'cleaned up' the FCC and established a three- man body. CHubwomen were obviously con- fused by prevailing undercurrents of Washington politics, industry skepti- cism of clubwomen sincerity, and a general feeling that perhaps they — the clubwomen — were being victim- ized, either from outside or from within their own ranks. There was a general disposition to ask - who- wanted what; and why? Spokeswomen insist the opposition to children's proems Is real and widespread and In no sense synthetic or trumped uo. It is brought back •by every clubwoman official who travels into the hinterland. 'What about children's programs?' Is the universal question, they state. Their complaint Is not that radio t>rograms are necessarily bad Influences, but that they fail to be good Influences. There is' a growing tendency to think radio is. mufflng Its opportunities to inculcate 'Americanism' in th« youthful minds. Dahm Objects Meantime, Vaioety received a communication from Frank Dahm, radio writer, bearing on this subject, and reproduced here in full. Dahm writes: 'As a radio writer of long standing, and the father of five children', I must object strenuously to Variety's handling of the children's pro.^am problem — if It is a problem. I doubt very much that the clubwomen unit- ed under the standard of the Gen- eral Federation of Women's Clubs represents n majority of radio listen- ers. Despite her protestations to the contrary — and 'methlnks she doth protest too much' — Mrs. Milllgan is evidently heartily in favor of gov- ernment-operated radio, where a minority Is to dictate what the ma- jority will hear. Variety, as the rep- resentative organ of the American stage, screen and radio, should and must realize the implications. 'Variety points 19 an Important meeting In New York last week. What made it important? The fact that an organized minority was once (Continued on page 49) KTAB Changes Beps KTAR, Phoenix, has switched its spot sales representation from £. Katz to Paul Raymer & Co:' Station is affiliated with NBC. Chas. McCarthy Laughs Otf Snatch 3,000 Miles Away; Stand-in Nipped ONE-MAN STAFF BUT WPEN SOLD OUT SCUD Hollywood, March 21. Belly laugh of the week in these parts was the kidnaping of Charlie McCarthy by a wide-awalte reporter in New York, Deepest of the ab- dominal chuckles was enjoyed by Charlie, himself, 3,000 miles from Broadway. When he heard about the World- Telly's famous scoop, Charlie al- most splintered his sides laughing in his nice, cosy vault in a Hollywood bank." Charlie is not a road show player. He parks himself in a little steel-clad homestead whenever his stooge, Edgar Bergen, goes galli- vanting about the country. In ad- dition to snatch-proof lock.s, Charlie Is protected by a ?2,500 insurance policy. ■ Victim ot the Broadway kid- naping was one Cass McCarthy, a woodenhead stand-in whose sole function in life is to be snatched by wide-awake reporters trying to put over a scoop. A sort of come- on for the smart journalists in the Big City. Through the door of his cell, which he refused to open, even for a Variety mugg, the real McC^r- tiiy said: The reports of my kidnaping are exaggerated,-like Bergen's hair.' Syndicate Signs Bereen McNaught Syndicate today (Tues- day) signed Edgar Bergen for a comic 'strip to break about June 1. Will be tagged Mortimer Snerd. after the ventriloqulal pard of Charlie McCarthy. Philadelphia, March 21. Increase in commercial time spld of almost 100% since the beginning of the year is claimed by Arthur Simon, g.m. of WPEN. Station is sold solid across the board from 12 noon to 12 midnight and no further solicitation of accounts for that pe- riod is being made, Simon said. Sales concentration In the futune will be on the period before noon. Simon is sole time peddler at the outlet, which specializes in Unguals, since all the salesmen were let out shortly after his arrival last sum-' mer. Warren Jennings Joins Transamerk Sales Staff Warren Jennings, has Joined tha New York sales staff of the Trans- amerlcan Broadcasting & Television Corp. He comes from the magazine field, arid will specialize on the sale of time and programs over WLW, Cin- cinnati. VIo Batner has returned from Florida. . Frank Stanton, who has been in charge of . CBS , sales pro- motion in interim, departs this week-end for the south. «able Mawtrnt ▼ABUHT XONgOH CBC Defers Ban m Beer ShovK At Kddii^ of Dominioii Lawmakers ♦ ♦♦♦♦♦♦♦ MM t MMM »»»» i . Montreal, March 21. Parliament last week advised the Canadian Broadcasting Corp. not to I)Bn beer-sponsored programis in the Province of Quebec on April 1. Hie CBC was asked to postpone action untn some later date. The' Board of - Governors ot the CBC, meeting in Montreal yesterday (20) was scheduled to discuss the .latest developments and to hear ap- peals of private stations from vari- ous parts of Canada anent other problems. , As indicated exclusively in Vabiety two: weeks ago, two members of Par- liament, Vincent Dupuis and Arthur G. Slaglit, last week rose to combat proposed CBC restrictions. Opposi- tion was partly engendered through receipt by members of Parliament of. thousands of signed complaints from Quebec listeners protesting, against the proposed cancellation of favorite programs. Vincent Dupuis, MJ»., led the at- tack against the CBC policies, stat- ing that radio advertising in Quebec had not resulted in incrrased use of liquor. . Dupuis presented statistics showing that from 1922 to 1936 there had been 'a drop of 3,516,000 gallons In beer made here. It was also pointed out that if regiilations were, adopted prohibiting beer and wine advertising Canadian sponsors- could easily circumvent the law by sponsoring programs over American stations on which Can- adian listeners can easily tune In. Dupuis also protested that prO' posed CBC ruling was an invasion of provincial dvU and property rights since it involved the wages of indi- viduals in this province. Dupuis then ^onsored a motion that since regU' lations prohibiting beer and wine are entirely within the jurisdiction of the Province of Quebec, and since there are no provincial restrictions, that the CBC should not pass any such regulations either. The Dupuis motion was not adopted but the House of Commons Radio Committee, by a large ma- jority, advised the CBC not to adopt, the proposed regulation until the Committee can discuss the problem further. When Chairman Beaubien of the Radio Committee stated that radio was within the jurisdiction of the Federal Government, Arthur G. Slaght, MJ*., said that It was never contemplated that this jurisdiction should be exercised with regard to property end civil rights within a province. Despite the suggestion from Par- liament,, however, the Canadian Broadcasting Corp. is still at liberty to ban beer-sponeored programs but whether the . Board of Governors would take such action immediately, in view of determined and wide- spread opposition from press, public and Parliament, now seems unlikely. WALD TELEVISION CALLED DKTERENT h AnsfaraKa »♦♦♦♦♦♦♦♦♦♦♦♦«♦♦*♦♦♦♦♦♦♦ By Eric Oorrick Statton 2 KT. Sydney, Labor unit, \ turned In a profit of $^000 on 1938's commercial operation. i Dad and Dave,' one of the oldest shows on the commercial airlanes, is losing much of its listener appeal nowadays through too much repeti- tion. Ifs sponsored by Wrigleys. Clande Flemmtaig, former musical- comedy fave with Willlamson-Talt, currently doing a weekly travel se- ries for commercial 2.CH, Sydney. Boy Fox readying to do a series of dance band shows for the Australian Broadcasting Commission. Comraerelsl managements now carefully watching every scrap of advertising matter offered for air- ing. Idea is to keep on the right side of the postmaster-general's de- partment ' ENGINEERS TO HUDDLE IN STOCKHOLH, 1940 Washington, March 21. Platform' which American dele-' gates will put forward at the Stock' holm session of the International Consulting Committee on Radio (C.CXR.) next year was started this week imder State Department .. au- spices. Preliminary discussion of the topics likely to be taken up at the fifth international parley, tentatively docketed for June, 1940, was open to' all comers. Delegates will not be designated until later, but govern- ment engineers are getting the tech- nical data and views together. Questions down for consideration are all highly technical, relating to standards which will Improve Inter- national operations and insure great- er coordination In regulation. Range from methods of checking receiver selectivity to width of various bands. Standardization of yardsticks and agreement on terminology is the prime objective. American inter ests were afforded chance to explain what standards they think this coun try should suggest to the other na- tions. Kaltenb<»m Kickback Montreal March 21. Canadian newspapers attacking the Canadian Broadcasting Corp. for carrying the K V. Kalten- bom comment on Chamberlain's Birmingham speech were this week reprimanded by Gladstone Murray, general manager of the CBC, for printing erroneous re- ports. Murray states that the CBC had no hookup with Co- lumbia, and that Kaltenborri's brief talk was aired oVer pri- vate stations affiliated with CBS. George McCullagh, publisher of the Toronto Globe and Mail, who was recently barred from using the government network, had blasicd CBC for giving a 'German-American' commentator free time on the Canadian net- work to express his opinion of the Chamberlain address. The Toronto Telegram then commented on MeCullagh's state- ment and attacked the CBC for giving Kaltenbom an 'opportu- nity to muddy the waters be- tween Britain and the United States over a U. S. network. It is shocking that such remarls should be.brougjit over 'Canada's national network to Insult the intelligence of the Canadian people. If it is the idea of the CBC that United States inter- vention is necessary to interpret Britain to this country, it is ob- viously time for a change of management of Canada's na- tional radio system.' ■The CBC pointed out that the ' two outlets of the CBS in Can- ada, CFRB, Toronto,, and CKAC, Montreal, carried Chamberlain's speech through U. S. facilities with an explanatory interpreta- tion by Kaltenbom. Talis No Qiances on Royalty LomIob Calliiig BBC announcer, Lionel Gamlln,' promoted to permanent emcee for variety department productions. Early Charles. Chaplin classics will be televized on his birthday, sup- ported by piano atinosphere as In silent days. •Prbener of Zeoda' slated as next BBC Sunday night chapter play, opening April 2, Robert Douglas and Milton Rosmer playing Rudolf and Col. Sapt, respectively. Ttebrese back on the air with his band, vocalists and comedy team, after 'vacation' of nearly five months. But Indie Stations Think Local View* Should Be Consulted by CBC ♦ ♦ MMMH »♦♦*♦♦♦♦♦- ■ Reglna, Sask., March 21. Indie stations,' particularly on the prairies, are a bit dismayed by pros- pect ahead for visit of King George 'VI and Queen Elizabeth. CBC has announced itself responsible for all broadcasting. Regulations say CBC reports of king's doings may be optional to supplementary stations, but those on CBC chain must take without ituy fadebuts or changes; no commentary prior to or after, ho commercial spoasorsblp of programs for IS min- utes before any wherein King speaks, no greetings or spot announcements of a commercial ifature to be made their majesties. No indie station an- nouncer can describe any part of ceremonies attending King's visit to cl^ without arrangement with CBC Official announcers will be in charge of T. O. Wicklund and R. T. Bowinan. CBC plans two crews of announc- ers to tour coimtry with king. Also auditioning, via transcriptions, local station announcers in descriptive broadcasts lust In case.' Comment of western execs Is acrid. Complain visiting announcers won't know cities .they operate in, places of interest, etc., bound to in- terest local listeners; nor does it allow scope for individual effort by stations. Another plaint Is loss of revenue, with schedules subject to change without notice whenever CBC elects to broadcast from some- where. Coa^ken Hal Jones and Jock Mc- Kay have new act called Yorky and Scotty. McKay is WiU Fyfle's twother-in-law. Gordon Crier, BBC variety pro- ducer, going on loan from London to Midland Re^on for three months in mid-April,, operating at Birming- ham station. VonkMi Harris, script writer, dotted lined by BBC on "a 12-months producer's ticket. Wald Radio Television Labora torles. Inc., of New York, has re- ceived a charter from the secretary of state in Albany to manufacture U.S. receiving sets and other related equipment It's basing its opera' tlons on patents awarded to George Wald, sound transmission and recep. tlon inventor, who claims a revo- lutionary method of sending pro grams' over hundreds of mUes .of territory by 'mixed frequencies.' The Wald tele receiver is > to be BttAched to any ordinary radio set with the two ^chronlzed by means of inexpensive mechanism. BEODSSIA REP ON WWSL Commissioner for. the Southern Rhodesiaii (Africa) ' . government Starts a' dramatic series over 'WWRL, Woodside, L. I., next Friday (30) to plug tlie former's exhibit at the New York World's Fair. CTyde Irvine, who doubles as p.a. for the exhibit authored the scripts which deal with the lives of David Livingstone, Henry St&nley and Cecil Rhodes. Concession includes a replica of Victoria Falls, and it is this spec tade that the broadcasts will try to seU. Hoddles are still taking place be- tween commercial and national radio operators and. Australian Performing lUghts' Association covering reduc* tlon of fees on all musical numbers. md mmm is us; SAYS MEXICO Mexico City, March 21. Mexican government has started to plug a good neighbor policy of its own over the air. Message Is di- rected to the prospective American tourist trade. Series, framed, to build up friendly feeling between the Mexicans and their northern neighbors whose va< cationing element would help Mex- ico a lot this summer, is broadcast Thursday nights, 11 to 12, EST, over XEDP and XEXA, Mexico City, and XENT, Nueb Laredo. Program is tagged 'The (3ood Neighbor Hour.' BBC 40-minute fiookup with Poste Parisien on eve of state visit of French president to London; Grade Fields and Louis Levy's orchestra here will balance with Maurice Che- valier and Ray Ventura's Colleglens in Paris. . Ten years ago, this month, the BBC stated it would never again an- nounce the names of artists appear- ing in the broadcasts of plays. BBC has a library of 75,000 gramo- phone records. They have an Inter- national exchange of these discs, handling 300 of them weekly. Duke Ellington's band, playing in Columbia's studios. New York, will be relayed to this country. Alfred Pembcrten, Ltd., acting for Cerebos, Ltd., has given an IBC re- newal for another series of Bisto quarter hours on Radio Normandy Sunday mornings. Television, Glutton for Spectrum Room, Continues First Rights On 19 Channels Wasttlngton, Marcl) 21. Preservation of frequencies blocked off for television use was declared imperative last week when the Federal Commimicatlons Com- mission approved modifications of the allocation scheme covering the spectrum above 30,000 kc, adopted 18 months ago. Protests from sev- eral other services led to a- review which essentially reaffiirmed the ear- marking of -medium and ultra high frequencies as far. as various forms of commercial broadcasting are con- cerned. To ihe objections that a dispro- portionate amount of the spectrum has been set aside for possible visual operations, the commlsh declared that the characteristics of television require advance planning and that image transmission to the home ajp- pears possible only by radio. Pri- ority consequently must be given visual experimenters, with only the needs of the government and the public safety services more Impor- tant Effect of latest decision is to maih- tain 19 channels— each 0,000 kc wide — for visnal use but to permit other types of operation, subject to imme- diate withdrawal of permits If con- ditions necessitate such action, on three of the bands. General or spC' cific research of other kinds accord- ingly wiB be allowed on the 162,000- 168,000 kc, 210,000-216.000 kc, and 264,000-270,000 kc berths, provided no interference Is caused to any visujil tr£.nsmitter and subject to permit cancellatloa As for aural broadcasting in ra dio's attic, the commish made only a few changes, in its original dlstri buUon formula. The 76 channels to in Faesimiie Washington, March 21. When two autliorized plants are put into operation, 10 broad- casters will be dabbling in fac- simile transmission, according to latest FCC check on outstanding experimentation permits. List of stations authorized on March 1 shows only three are being main- tained by newspapers Using medium-high frequen- cies, the plants mostly are oper- ating with low power. Only two of the group— WBXUJ, Cincin- nati, and W2XR, Long Island City — have 1. kw. List includes: Bamberger Broadcasting Ser- vice, New York; Crosley Corp., Cincinnati; Detroit News;- St Louis Post Dispatch; St. Louis Star-Times; Radio Air Service Corp., Cleveland; Radio Pictures, Long Island City; Sparks-With- ington Co., Jackson, Mich.; WBNS, Columbus, and Yankee Network, Sargents Purchase, N.H. between 41,000 and 44,000 kc re- served for sound and facsimile were not disturbed, nor did the order af' feet the channels under 41,000 kc slated for broadcast use. 'The frc quencies between 142,000' and 144,000 kc Initially tagged for broadcasting appear to be more urgently heeded for aeronautical operations, so the commish shifted broadcasting from this region to the 116,000-118.000 kc area previously slated for amateurs. In addition the commish by its modi- fication staked out 12 channels for broadcasting between 132,000 and 140,000 with only small changes. Although the television assign- ments represent 74.5% of the fre^ quencies not set aside for the govern- ment, the commish asserted this pro- portion is not excessive. - Little sym- pathy was shown for contentions that research so far has failed to Indi- cate that visual operation is close to practical realization, with the com- mish noting that difficulties con- fronting television experimenters are more complex than those in other branches, that general participation is limited by the high cost and that numerous important problems are unsolved. With basic policy up in the air, FCC has meanwliile turned two pleas for experimental tickets for television plants over to the special three-man committee pondering adoption of standards tor visual ser- vice. Long delay looks inevitable, in view of inclination to decide whether to adopt a particular system at this time before granting many more permits. Sidetracked applications are for kw outlets projected by Crosley Corp., Cincinnati, and Don Lee Sys- tem at San Ftancisco. Pacific Coast outlet would operate on 42,000 — 56,000 kc and Crosley plant on 50,000 to 56,000. Prospective operators want to measure public reaction and get an idea of the type of images desired by dialers, rather {han con- centrate on technique. Some ap paratus research would be carried on incidentally, with, the primary purpose the collection of data for use in building programs to guide the industry when regular service Is in augurated. Mexico Comiiig Through Wtth Havana Visa Washington, March 21. Assurance that the Mexican legis- lature will rubber-stamp the North American broadcasting pact— paving, the way for reallocation of nu- merous U. S. stations and ending trouble from the border transmitters, —is expected momentarily at the State Diepartment Promise which will allow the chief accomplishment of the 1937 . Havana conference to go Into effect early next year has been given in informal fashion and through round- about channels, it was learned this week. Official notification that Mexico will subscribe to the pact Is due this wedc. Hints of favorable- action by Mexico came recentiy from Alfonso Gomez Morentin, the Mexican min^ Ister of post and telegraph, who con- ferred quietly with Commissioner T. A. M. Craven, chief of the American delegation to the Cuban parley and is. credited with having been re- sponsible for working out the plan to end international interference on the continent Morentin infc^'med Craven that tiie Mexican authorities now realize It is in the best interests of all 'signatories to put the agree- ment into operation and said the senate will be told at its next ses- sion of the official sentiment 'While Canada, Cuba, and the U.. S. have Hancocked the papers, Mexico has delayed, presumably be-' cause of pressure from. the border operators. At its 1937 session; the senate passed over the treaty, with no explanation given. Under the terms, actual ratificaition by three countries and a binding promise from the fourth is necessary before any news to carry out the reshuf- fling which will cause the bulk of U. S. transmitters to take new' spots on the dial. BBC'S DON MUNRO TO CHIN WITH SELDES ■ ass: Donald Hunter Munro, television production manager for British Broadcasting, arrives in New York shortly to spend four weeks with Gilbert Seldes, CBS director of 'ex- perimental television. Munro joined BBC In 1926 and later became production asst to.Val Glelgud. He assumed the television post when BBC went into that field. Wednesday, ^larch 22, .1939 VARIETY 39 For RADIO SHOWMANSHIP We are proud to announce The reunion of a team of successful advertising-trained Radio executives with a comprehensive and practical experience in all phases of Radio Broadcasting. DON STAUFFER (Formerly Vice-President in charge of radio at Young & Rubicam, Inc) has become associated with BILL STUHLER m our Radio Division A. and S LYONS. INC. NEW YORK LONDON HOLLYWOOD 40 VARIETY RADIO REVIEWS Wednesday, March 22, 1939 GEORGE JESSEL With Dick Himber orchestra, Mary Small, Ernest Cahpell, Sam Carl- ton ' 30 Mlns. BEID'S ICE CREAM Wednesday, 7:30 p.m. WJZ-NBC, New York (Pedlar & Ryan) After a considerable absence, George Jessel has a radio series again (was last on Mutual's co-op program in 1937), and he wiU also m.c. the Vitalis program starting in a few weeks. His icecream show was nice spoofing-slnging-dansapat- ing as laimched last week. Jessel remains, as ' always, an attractive personality, likable and witty. His comic uncle and the custom- ary phone conversation with his mama is included. Gagging runs to broad tiiemes imposing no burden on anybody's comprehension. Most listeners should like it. A question might be raised if Dick Himber's music isn't neglecting the indispensable rhythm necessary for youthful appeal. He has good men and . embroidered arrangements, but in the fuss and feathers the rhythm gets a bit neglected. Against this. It may be that the icecream sales slant is aimed at the family adults. Land. Leo Fitzpatrick, general manager of WJR, Detroit, has been elected a member of the advisory board of the Salvation Army. Henry T. Ewald, P' ez of Campbell-Ewald agency, was chosen first v.p. of board. •CHALLENGE OF TUKON* With Benny Kyte's Band, John SUele Drama 15 Mlns.— Regional Sustaining Tues.-Thnrs.; 6:45 p.nk. W.xyz, Detroit George Trendle's 'Lone Ranger' idea gets another transplanting— this time in the Yukon country during the Klondike gold rush. The Cana- dian Mountie hero of 'Challenge of Yukon' (Sergt. Preston) rides no horse as does the 'Ranger'; drives no auto as does the 'Green Hornet; rides no train as does the 'Secret Agent,' but trods behind a team of huskies and sleigh. Like the 'Ranger' and his aide, 'Tonto,' Preston skids over icy wastes with Pierre, his trusted guide, and 'King,' his capable dog team leader, to bring justice to the northlands. ^ New 15-minuter is nicely enacted, well written. For the lovers of ad- venturous tales of the north country, it's well fortified. John Slagle is the commentator, and Benny Kyte's stu- dio orch provides the interludes. Pete. JOHNNY LONG'S ORCHESTRA 30 Mlns. Snstalning Fridays, Midnight WBEN-NBC, BofTalo Smooth 'hotel type' band is Johnny Long's, now dispensing dansapation in the Stalled. Unit is stylized to a certain extent by the iinobtrusive introduction of sax trills Into in- verted megaphones. This gives the band a dJstlnguishinf mark with- out the necessity of dlstortlne melo- dies or resorting to outltandisn high- jinks in a search for the unusual. In session caught femme vocalist Helen Young gave out pleasantly with 'Sing for Your Supper* and "Cuckoo in the Clock,' Jack Edmond- son put some throbs in 'I Get Along Without You Very Well' and Paul Harmon volunteered 'Gotta Get Some Shuteye' in snappy fashloa Band eschews gutbucket, but the version of 'Darktown Strutter* Ball' offered in this set was lively enough for some fast terplng. 'Songs by Long* tag was men- tioned at opening and closing and is, of course, aimed at the current rage for pose/ in slogans. (Swing and sway with Sammy Kay, listen awhile to the Dick Barrie style, etc). Maestro, himself, said hello and foodby, but there was no attempt to o more than that Neither did the broadcast take any special cognizance of his left-handed fiddle playing. At- tempts seems to be to give easy, 11s- tenaole and recognizable music with and without words. That job is well done. Reed. FOLLOW-UP COMMENT Dorothy Parker wasn't funny on 'Information, Please' last Tuesday (14) and Clifton Fadiman wasn't gracious in calling attention to the fact. In prodding 'why don't you say something clever?'— or words to that effect— he certainly wasn't mak- ing her glow with self-confidence. No doubt she was acutely diffident to start with, radio being for the family trade and, generally speak- ing, Parkerisms being for the stags. It bore out the Canada Dry programs unhappy inability to find a lady ad libber. Fadiman, incidentally, was remiss in hailing the bright and right guess on the tricky question using the word 'transpire.' His voice con- veyed an impression that the an- swer was wrong. Tallolah Bankhead appeared on the Kate Smith hour last Thursday (WABC-8 p.m.). According to the brief bit written for her by Dorothy Parker, Miss Bankhead was carrying the torch for lost love. Listeners couldn't deny that It was drummed into them for the entire length of the monolog. Thing was labelled •Sentiment' It revealed the inner thoughts of - a jilted gal rambling around town in a cab while trying t* forget Miss Bankhead seems excellent air material. Het throaty voice regis- ters. She handled the Parker, skit in a manner so real at times it must have made those who heard a bit squeamish at being allowed in on a disappointed lover s inner thoughts. It was that intense. Writing, of course, accounted for no small part of the impression. Started easily and reached a crescendo midway with the oldie about the wheels re- peating a phrase, then eased off. IntentionallT or otherwise,, it was neatly ironical to have the heavy bit foUow a vocal of 'I Cried for You' by Miss Smith. Beatrice LiUle's bit with Agnes Moorehead for Walter O'Keefe (Thursday 10 p.m.) was a between- the-acts quickie for Miss Lillie and nicely done in the usual Lillie style. She rushed over between turns ol 'Set to Music' at the Music Box tbeatre to go on the air, the CBS playhouse airing the program being across the street from the theatre, Guester started out on a whacky note. O'Keefe and his aides sup- posedly spieling Miss LlUie's prog- ress across the street in horserace- calling style. Once at the mike she settled down to an exchange of digs and comments with Agnes Moore- head. Idea was -the latter's starring in a show which just had had its first night, Miss Lillie- being a backstage visitor. After pulling Hxe show and its cast apart it turned out the comedian had been attending a bur- ley show next door. Miss Moore- head was neat and properly exas- perated as the foil of the piece. O'Keefe got in fast' comitaercials during the aforementioned race across- 45th street. Bit was done with motorcycle escort OTCeefe re- vealing that speed of cop's bike could only oe attained with his sponsor's gasoline. Brooks AtklnsoB, drama critic of the New York Times, went on the air Sunday afternoon (19) to intro- duce a condensed version of 'Cyrano de Bergerac' over WJZ, N. .Y. He batted for Bums Mantle, the N. Y. News reviewer, who is west on a lecture tour, and said he had no thought of seeking a commercial radio tieup. Atkinson gave some Interesting sidelights on the writing and history of the French play. He talked rapidly. In fact he seemed too hur- ried, but his diction was okay. Johnny Messner's Music Box rhythms from the Hotel McAlpin, N. Y., rates well up among the late hour sustaining bands. Now in its 21st month at the hotel's Marine Grill (longest run in N. Y. since (Seorae HaU's exit from the Taft Grill), the crew sounds like a larger complemented outfit over the air, thou^ made up of only nine pieces. Comes over as a smooth, non-blast- ine bunch eas/ to listen to. Backs up with okay novelties such as the tinkling of a small piano (baby's plaything) In addition to the music box from which the band derives its tag. Small piano is keyed by the band's piano player who also handles the music box. Latter also does an occasional vocal. Jeanne D'Arcy . does 'em regularly and ethers as an able appendage. George Combs, WHN's answer to Kaltenborn, got his teeth into some real meat the night things started haopenlng big in Europe. Carrying on for dear old Penetro nosedrops. Combs was upstage like* a tenor go- ing into his main aria. He emotion- alizes lavishly, volubly, sensationally. It's melodrama, exciting and atten- tion-demanding, if not necessarily respect-commanding. If war comes, this guy can get recruits. WOB-Mntnal resumption of long- waving various recordings of for- eign shortwave news broadcasts (originated last year at the time of the JAunteh ihot. apday continues to mak« an able contribution to the news-special events category. Per- haps almost as good as the idea Is the placement of the platters directly behind the 11 p. m. news broadcast, affording a neat tie-in of themes. First of the resumed recordings (21) caught government news ver- sions as ethered from Italy, Hungary, Germany, Russia, France and Po- land. On the whole, audibility was as good as could be expected from shortwave stuff— especially European shortwave where the separation of wave-bands is less than necessary for avoiding cross-talk. Subject matter of the foreign broadcasts, of course, needs no comment and WOR- Mutual wisely (and carefully) gives it none beyond reminding strongly that the stations in Europe are gov- ernment-owned, and hence can dish out such biased palaver in the guise of news. -German stuff by all odds took the cake for whacky angles, whilie the Italian seemed surpris- ingly restrained to U. S. ears. Polish and Hungarian commentators talk a brand .of English too guttural for usual consumption, while the Ital- ian, French, . German, and- Russian (given by a femme) are quite Ox- ford, and quite palatable. Lura and Abner are currently enmeshed in a fictional breach of promise suit Lum on Monday night (20) chopped off the long limb on. which he had perched by trying' to fake a broken leg to win the jury's sympathy. Plaihtlffs lawyer framed him by egiging. the gal's pa on him, and Lum dropped his crutches to run from the court in terror. All broad and obvious stuff, but shrewd- ly calculated to touch the team's spe- cial audience. Postum used fairly long commer- cials fore and aft One plugs the 'coffee-nerve headache' angle, while the- other explains how the kiddles can -be cajoled into gulping their milk if it's served in Postum. Amos V Andy are still keeping the ball in play along accustomed lines. Monday night's (20) session had Andy getting ready to be mar- ried, with the Kingfish and Henry ■Van Porter maneuvering to sell him a trust fund. It all had a familiar ring and was sligMly on the talky, uneventful side, but had a couple of good cracks. Remarking that his fiancee was seeing all her old flames to say goodbye, Andy observed that she was on a sort of farewell tour.' Much of the discussion centered on the Kingflsh's efforts to explain a trust fund to Andy. Campbell's inserted enough word- age for its mushroom soup to bring a dish of it to a boil. Clyde Beatty guested on the Eddie Cantor show for Camel last Monday night (20), using most of the stint to play comic in clowning sessions with the star. Some of his insult gags were mildly f unnv (though ob- vious In pattern), but it seemed strange showmanship to bring an un- doubted feature name before the M lOUTNUN MM INMAtW WHC R*n« • IN tllUNII rONlAklTV IV » T9 i IN THI HAIirOlO AHA • M NUMHk Of NITWOM AkVltTMHI • IN HUMIII OP NATIONAl tPOT AOVIKTISIR* MISTLETOE VARIETIES Variety 15 Mins. — Local MISTLETOE EXPRESS CO. Saturday, 6:45 p.m, WKY, Oklahoma City Billed as 'The Fastest IS Minutes in Radio' the only thing fast about the program caught was the quickie playlet glorifying the Oklahoma State Highway Patrol. This was well done. Otherwise the show dragged. Each week the program visite a different Oklahoma city or town served by the express company (same ownerhip as station) and puffs the burg . through the usual nasal representative of the local Chamber of Commerce. Then available per- sonalities from the spot do their stuff. Program caught carried oke light music and songs furnished by the Bel Canto Trio and O.C.W. String Trio from the Oklahoma College for Women at Chickasha. Very nice was the string trio's rendition of ""The Bogey Man'; group is composed of Norris Louise King, Betty Scrogin and Betty Higham. Willis F. Du- crest, director of the O.C.W. Glee Club, gave forth with MacGensey's 'Land of Degradation.' But it was all pretty slow. Soon. mike and then use him completely out of his line. Presumably Beatty, as the No. 1 lion trainer, would have some inr teresting views and anecdotes on his career. Certainly he's no great sha'kes as a radio comic. Of coarse, it Just Isn't In the cards to please everybody with every program. Bat this fellow listens every mornlnf because he has the WnC habit. He knows If he doesn't like one show, therell be another one along in a few min- utes that he WILL like. And this "WTIC" habit Inolades a. healthy eorrespondenoe between listeners and the station. woriofSCimtmeK? \WNAX wmise! WNAX combines good frequency — 570 K.C.— with amazing tranBmis- sipn. It does a 50,000-watt coverage job on S,000-waU power and rates. Don't think . of Yankton alon&— that's just the starting point. Think, too, of a daytime primary population of 3,917,000—719,500 radio homes which depend on WNAX for entertainment, news, maritets. Think of primary area annual retail sales of $891,466,000. Think of WNAX deUvering radio families for as low as 3.29 cents per thousand. For the Dakotas, and major portions of Iowa, Minnesota and Nebraska- it's WNAX, of course. TANITON, il. • 570 lilN|dM • CIS Sill MTTS l.S. • IIM mm IIIIT s»Bf J fcy THI KATZ AOIMgy lhf.tiaJrSTHTt, SilMIMH MAIKET htNMHWEIT * Aniy of coursBf you can buy WNAX in combination toith the Iowa network at an exceptionally low rate. WTl 50 000 WATTS HARTFORD. CONN There's a big slice of Soathem New England families who have this WTIC habit. Otherwise we wouldn't be doing sach a profit- able Job for so many people with goods to sell In this billion-dollar market When cani we pat onr ablUty to work, to get and HOLD an audience '. . . for yooT Ton're Loosy^ AND I OUGHTA KNOWI.' "I't>c listened to your program every morn- ing for three solid years, and I still think you're lousy.** Those; were a listener's very words, and we have his letter to prove it. \redne8dsy, March 22, 1939 RADIO VARIETY 41 TRANSCRIPTIONS CITE WOES SIlGIUiyElOIIK TACTICS RIIPPEO Gerald King tells Federal Communications Commis- sion That SUtus Quo Stacks Cards Against Wax Growth SNOOTINESS Washington, March 21. Transcriptions' tale of woe was elo- quently detailed to the Federal Com- . munlcatlons Commission last week. Spokesman was Gerald King of Hoi-. ' lywood, a transcription center as Well as a transcontinental network origin point King made the point that the networks have steadily op- posed and bottled up the platters, the only other principal source of program material for radio stations. Policies which would encourage wider use of transcriptions would beheflt the public materially. King, president of the Transcription Pro- ducers Association of Hollywood, testified. Among them are a change In the rule requiring stations to make frequent explanations when using canned programs, and adoption of service standards for both wired and waxed matter. Rush for Qnantlly Several factors hold back develop- ment of the disc business. King as- serted. Besides the 'stigmatizing* FCC announcement rules, they in- clude network hostility through fear of a rival, inability of advertisers to obtain desired time for recorded pro- grams, the unions and copyright holders, and webs' scramble for mul- titude of outlets; Until the last 18 months the chains were interested in signing up only transmitters covering important mar- kets and isalable to advertisers. King explained. They were willing to pay the wire costs on this basis. Since Mutual began . operations there has been a rush for the most stations — sort of quantity-not-quality view- point—with consequent reduction in the number of plants using platters. Stations have been tied into the webs indiscriminately, without regard for their commercial value. Since they are forced to pay the line costs these transmitters hesitate to turn down web fare in order to use waxed programs. Opposition to the practice of al- lowing networlcs to enter the tran- scription phase of the business was registered, with direct reference to the pending CBS-World wedding. King doubted whether it was desir- able, in the public interest, to allow such linking. In present situations NBC has an advantage because their affiliates are more willing to clear time for transcribed commercials produced with NBC-RCA facilities. . Also the net tries first to sell the idea of chain operations to poten- tial sponsors, running down tran- scriptions. General shootlness toward wax is not justified, King Insisted. Doesn't exist in England. Bias is caused by the advance announcement that fol- lowing program is transcribed, he feels, but this objection would be re- Jl iHw noD hm i&lBtt at Wnd pmod* . . .' And a man d Ult«ti li Iwl Uk« Ibi otlMT pnqtmif StVlaglttmt Ld Um morluU fliiD coiiiPflny' WIW YOU • CHICAGO • OCTBOIT • »AH FIIANCItCO Radio Slalion Bepresenlatives moved if the FCC required, identifi- cation of the source only at the con- clusion. Thus every program would stand on its own feet and be judged solely on merit Failure of the FCC to adopt tech- nical regulations concerning ttie quality of feproduction is a barrier. Conunish requires licensees to main- tain equipment at certain standards of efficiency, be noted, . but makes no comparable check on the' fidelity of programs coming over the wire or taken off platters. Good recordings may be played on machines in bad condition. King yelped aliout the NBC rule that recordings of network programs —even those for reference or for sponsors — must be made by the web. Sponsors used to get. discs from in- die studios but now the situation is unfair, particularly since cross- licensing gives NBC an advantage in the way of equipment Disc Talent Angle Artist bureaus are no handicap to the waxmakers, commish learned. Even though CBS and NBC have the bulk of regular performers tied up, the disc producers can obtain suf- ficient talent Even if the webs did not manage i)erf ormers, recorders still would have to deal with agents. Only possible danger is that the net- works may raise prices to prohibitive levels. Wider use of transcriptions would insure more diversification of pro- grams, meeting objections that there is excessive duplication because of the number of network outlets, King pointed out In addition the savings would be considerable. He suggested 85% to 90% of aU operations could be based on transcriptions, with the networks used only for spot events and special features of exceptional interest But the chaiiis have such a big Investment and the telephone company's charges are so rigid that restraint is imposed on the use of platters. Outlay for wires alone would pay for many more hours of wax pro- grams. For $3,000,000 the industry could have enough transcriptions to provide 17 hours daily and four choices of menu. Except in towns whether there are more than four outlets no duplication would result in any community. Other advantages King listed re- late to more explijltation of the edu- cational possibilities of radio, wiser economic placement of advertising and better distribution of business. Schools cannot standardize their in- structional methods so all listen at the moment when a web puts on an educational' feature, he remarked, sn.l it is doubtful if 25% of the po- tential school audience hears the chain specialties. Local stations are too hard up to prepare their own special educational programs. Relating the Operations of his group King said the association's two processors have $210,262 invested and turn out 2,425 discs monthly. In 1838 talent biU was $220,840 for 1,615 performers. Have 9,564 quarter-hour programs and two libraries with 2,300 basic numbers. mm ^0' una ' WW ■■WW TELEGRAM so THAILLED OVEPiTHE PROeftAM WARMESTIHAHn (0ATHIS6AAND TBIBUTE FROM MY OLD Aim MATER JANEFROMAN -i/teC/ A COPYRIGHTED FEATURE ,^6 of. 1^4 FEATURING JOSEF CHERNIAVSKY RADIO'S OUTSTANDING « ^ „ . ^ COAST TO COAST SHOWMAN CONDUCTOR ?Jri^«„«; Mutual Network 6:00-6:30 E. ^. T. REPRESENTATIVES: TRANSAMERICAN BROADCASTING ft FEATURING CORP. NEW YORK CHICAGO HOLLYWOOD fas. TELEGRAM NEVER WAS SOTHMllED IN MY LIFE THANKS TOYDO AND YOUR ASSOCIATES GUYLOMBARiV 42 VARIETY RADIO Wednesdaf, March 22, 1939 Baldwin Favors Long License, Fears Back-Handed Censorship Through Fear-Inspiring 'Hints from Chair Washington, March 21. Last week was brickbat week at the FCC chain-monopoly hearings. (Now loolcs set for a late April de- nouement.) Criticism of both the government regulatory theories and the industry's conduct, with the Communications Act drawing sub- stantial Are, was registered. Freedom of speech was the topic given most attention early in week with Roger Baldwin, director of the American Civil Liberties Union, and S. Howard Evans, secretary of Na- tional Committee for Education by Badio, advocating steps and princi- ples that will insure equal treatment for all groups wanting to face tlie microphone. General condemnation of cllfThanger lud serials and the discrimination against transcriptions were condemned. Roger Baldwin feared back-handed censorship and echoed industry's wails about the ex post facto dictation o'f program quality. JjOnger licenses, with changes in the act to eliminate ' doubt and inequities, would l>e wholesome. Sustatners N. S. G. Monopoly threat lies in the oper ating methods. Restrictive network pacts are a damper on individual enterpise and competition; network policy against sale of time for con- troversial discussions is potentially harmful, although webs are increas- ingly conscious of their obligations. Baldwin noted that the practice of putting controversies on tite air only as sustainers limits the opportunity for debate since affiliates are likely to reject the wired feature in order to present their own shows, public events, and propaganda. Speeches of FCC members and the Commish letters— disguised repri- mands and signs of disapproval — have the effect of dictating policy to stations, Baldwin argued. Public chiding of Chairman Frank R. Mc- Ninch was cited as an Indication of improper roundabout censorship. With the Commtsh using the back door to blue pencil scripts, the average licensee Is fearful of taking a step which might bring punish- ment later on. In noting the in- stances of disguised censorship, Baldwin said the ACLU never has received a satisfactory reply to their protest against McNinch's tut-tuttlng over the Mae West incident Fear System 'It is very easy to see that if we had a different type Commission — a purely political commission — it would be possible by pronounce- ments of - the Commission or the chairman to exclude from the air by fear of not getting your license re- newed anjrthing critical of the ex- isting Administration,' Baldwin com- mented, adding tliis situation would be a duplicate of what exists in Europe. Law should require three-year licenses with revocation the only way of exercising control over op- erations. Burden of proof in mis- conduct cases should l>e on the FCC, Instead of making permit-holders show every six months that they have behaved. Definition of the "public interest' phrase also is badly needed. Bald- win said it is impo^ible, even after scrutinizing decisions and rulings, to find out the principle by which the FCC decides when stations operate in the public Interest No way of predicting how the cat will jump as long as the ex post facto censorship occurs. He did not like the Idea , of rigid program standards, however. Too much patternization would be un- desirable. The Commish might adopt a few guides, though, like a rule stipulating that broadcasters must allow equal opportunity to persons discussing controversial subjects, not Highbrow HillbilHe* Hot Springs, Ark., March 21. KTHS, Hot Springs, regards as unusual In fan mail the letter It got recently from the Plckard Family congratulating the sta- tion for its late evening program of recorded classical music. The letter came from one of the Mexican border towns. The hillbiUy troupe, whi(^j!i,for years appeared on NBC and on major local outlets, wrote that after quitting their evening chore on the Mexican station peddling patent medicines the family hurries home to bend an ear to KTHS' 'Good Music Hour.' New Hearing Under Revised Status Unfair, Lovett Avers in Plea For Supreme Court Interpretation The Original Geograpliic Radio Game New — Original — Entertaining A "DIFFERENT" AUDIENCE PARTICIPATION SHOW THAT HAS CLICKED! Within one moiitlt "NAME THE PLACE" has received at much mail as the most popular quiz program on the alp during the first montli of its existencs. Radio listeners from coast to coast are joining in playing the Radio Came of "NAIVIE THE PLACE" which was in- augurated on February 12th over a coast to coast network of the National Broadcasting Company. "NAME THE PLACE" can be heard Sundays 3:30 to 3:45, EST, WEAF and Red. Tuesdays 10:45 to 11, EST, WEAF and Red. This highly original and effective program Is ayailabis for im- mediate sponsorship. * Copyrights owned by VIkIng Radio Corporation,. Washington, D. C. The originators and writers. Reoording availabta. only to candidates for elective of- fices. Liability for libel should be removed, unless stations were a party to the offense, and only the spealcer In normal cases should be accountable for injuring others. As things stand, there is excessive concentration of control over the use of radio facilities. Webs have best faciliUes, he said. He plugged the pending bills requiring licensees to maintain records of requests for time and more detailed logs. Voltaire Creed While the organization follows the Voltaire treed of defending the right to say anything within reason, Bald- win hoped the industry will go ahead with self-regulation efforts for the salce of improving quality and insur- ing fair treatment for all comers. He agreed that trouble malcers— politi- cal, social, or religious— should not ije allowed to use the air, but dif- ferentiated between this idea and censorship. Aliens who attack our form of government, for instance, should not be given another chance. Self -judgment is necessary, along with some voluntary restraints on free speech to protect the public sen- sibilities. Station owners should not talce sides, he added in a rebulce for Elliott Roosevelt — who was men tioned by name — and John Shep ard, IIL Evans on Stand The educators' familiar complaints were varied this time, although S. Howard Evans repeated the criticism about favoritism for commercial op erators. He did not demand more assignments for educational stations — ^which usually has been done in the past — but wanted the Commish to change its general concept so the question of use of facilities would be a paramount consideration in passing on applications. Free speech is limited by the idea of licensing so fnany commercial sta- tions, the pedagogs' spolcesman com' plained, and imequal grants of power amount to favoritism of the money- makers .with drag. The system In- vites use of economic pressure and political pull, fostering .conditions that may lead to dangerous monopoly. There Is need for some kind of program standards, though the FCC should not go too far, according to Evans. Particularljr standards of so- cial use. At present the Commish depends primarily on technical con- siderations In making decisions of great social significance — such as the denial of the WLW plea for continu- ance of its full-time experimental permit. He remarked the WLW re- port was based on engineering fac- tors, not on the vital social issues. Philosophy of the Commish is to consider the regular broadcast band as' wholly commercial, Evans coni- plaihed. - While he did not charge that monopoly exists, he said the danger of one is very real, due to the allocation formula. In admin- istering the spectrum, Commish shows undue sympathy for networks, which he said maintain a big lobby and spend huge sums to keep in good standing. Points at BOA Lobby Quizzed sharply about implications of wrong-doing, Evans admitted he has no proof of intrigue or miscon- duct on the part of the Commish but insisted the psychology has. been built up that commercial operators should have aU the breaks. He pointed the finger at HCA, which he said keeps on the payroll in Wash- ington 'the best legal and technical advisors they can possibly have for the purpose of consulting with staff people connected with the Commis- sion, to try to maintain the favorable assignments they now hold.' As evidence of the dangers, the educator recalled that WHA, outlet of the University of Wisconsin, Is seeking the facilities of WMAQ, the Chicago NBC outlet Because clear channels are valuable, -the big op- erators make prodigious efforts to keep their tickets. Lawyers re- Washington, March 21. Legal campaign to prevent the FCC from holding a succession of hearings— if it so wishes — and to speed final determination of the troublesome Black River Valley case was carried to the U. S. Supreme Court Monday (20) in first Important radio case appealed to the top l)ench in several years. Final arbiters were asked to rule on the propriety of de- cision by the District of Columbia Court of Appeals denying an injunc- tion which would prevent the FCC from going over again the ground covered in the spring of 1936 and from forcing Black River Valley Broadcasts, Inc. — winner of the first bout— from having to face new is- sues and new competition. Case is one with far-reaching political angles, involving a contest with the Watertown Broadcasting Co. and Watertown Times. With several thousand dollars al- ready sunk in towers and studios. Black River outfit, through Eliot Lovett, raised two propositions of vital importance to the entire Indus- try. Wants the Supreme Court to say: 1. Whether applicant before the tained by commercial broadcasters won't take cases for schools, through fear of offending clients who pay fat retainers, he observed. Although hesitant about making recommendations, Evans suggested remedies. Strongly opposed to either government or industry promulga- tion of rigid standards, Evans sug- gested that 'cooperative groups' in each community — the educators, civic organizations, labor unions, patriots, and chambers of commerce — should parcel out time for contro- versial discussions or 'talk about pressing public problems. Would avoid censorship by anyone. Education on the whole has all the opportunity to broadcast that it can use, he conceded. Pedagogs have to better their technique before they can fairly ask for more facilities. But they are alarmed about the threat to free speech implicit in the FCC's concept of how radio should operate, FCC can ask Injunctions to block 'an arbitrary, capricious and unauthor- ized act' by the regulators. 2. Whether the Commish, 'under the pretense of a rehearing,' has the right to call a hearing de novo, with different participants, prosecuting revised applications. Because of controversy over tha appeal section of the Communica- tions Act, Lovett's petition attracted interest among the radio bar, which has Ijeen hoping Congress would rewrite the provisions relating to judicial review of FCC decisions and actions. Case presents the proposi- tion whether there is any relief from, acts, which do not constitute a de- cisi&n specifically listed as appeal- able. Charging five errors against the Court of Appeals, Lovett claimed that the effect of denial of the in- junction is to 'lea\e the Commission free to perform any and every ar- bitrary, capricious, and unauthor- ized act imaginable and to do so with impunity unless that act is in the nature . of a decision.' Unless some judicial check is imposed, there i^ nothing to prevent the FCC from reconsidering — on its own motion — any decision and holding new hear- ings ad infinitum until the outcome is satisfactory to politicians, he im- plied. Supreme Court is asked in effect to promulgate a fair trade practice code for the Commish. ' Hearing de novo, with the Issues and parties changed. Is not the sort of proceed- ing contemplated under the 1934 statute, Lovett contends. Commish cannot snoot the Watertown Broad- casting Co.,'s request for rehearing and order another session on its own hook, he adds. THEATBE PREVIEW FOB TIT Kansas City, March 21. 'Fu Manchu' platter series has been purchased by station KCMO for sponsorship by Crown Drug Stores. Manager Larry Sherwood, of th« station, will have a visual preview of the first episode at the Resident theatre April 8. W-J-R THE G 0 0 0 W I L I S T J I I 0 N 0 W-G-A-R THE F R I E H 0 L T S T S T I 0 N THE GREAT STATIONS OF THE GREAT LAKES fi C. ,.;;-.Lv, , 3 : Odd c .is". ; r, Sysic:--. Wedueflday, March 22, 1939 RADIO VARIETY 43 PHONEY SINGING SAM on. With Plenty of Nerve Does Three-Tear impersonaUon Harry Frankel, original 'Singin' c»m ' has been trying to nab an tel- ler who h^bSed himself 'Singin' ISl^'^e Barbasol Man., for three S^^" off and on. Last few months the guy has ^ecn more active than ^er and has eluded the combtaed Xrts of Frankel, reps of the Wil- ton Powell and Hayward agency which handles him. Barbasol Ca and toe coca-Cola Co. for whom Frankel now works. Sleuths have missed grabbing the Buy. whose real name is Crawford, by minutes Ume and again. TOey are equipped with pictures of him. |,en has nerve enough to tleup IomI ndio stations that use FrankeVs Coca-Cola transcriptions, for ex- ploitation, as-well as getting out targe posters proclaimuig, "Youve heard him on the air, now see him In person.' ■ Frankel now lives on a farm in Indiana, coming to New York every two weeks to make transcriptions. Latter are used on 128 stations throughout the country. He doesn't do personals any more. Unimportant Footnote To Philadelphia Radio Philadelphia, March 21. Engineering department of WDAS was called to the home of g.m. Pat Stanton last Thursday night on an • emergency call. Mike that Stanton has rigged over his baby's crib, so that its wails can be heard through- out the house, developed a feedback at 1 a.m. Everytime the kid cried, the noise was so terrific it fright- ened it to yelling even louder. Panelman rushed up and fixed the system but refused to stay all night —it wasn't in his union contract KFNF's Facsimile Shenandoah, la., March 21. Facsimile broadcasts will be started shortly by KFNF in a deal set by general chief M. H. Petersen. Station is also readying a new transmitter and a 650-foot vertical tower. HCA gets the transmitter contract. F. C C's WASHINGTON DOCKET MAJOR DECISIONS Waahliurton, March 21. MnMacliBMUa: Unlimited operation for WHAI, Greenlleld, ohayoa because ot public need for a nlKhttlme transmitter and record o( cooperation etatlon liaa hung up In the paat. Inoreoge In revenupi expected from the chanee, with receipts derived from WHAl'a network arbllatlons expected' to brine In approximately {7,320 per year additional vrlth nichtthne operation. Local nicrrhanlB and other advertlsera have been unahle to secure satlaCactory time on the station .and have Indicated that they will Increase tboir present advertlHlnff expenaen If WHAI In permitted to remain on the ether at nisht. Location of Qreenfleld at the confluence of three rivere also makea necessary a means of communication for uae In flood emer- ecnclen, decision pointed out. Now operating dave only with 2(« watt». on 1210 he. WHAI will retain Itn daytime power and u.se 100 watta at night. ' Louis O. Caldwell and Beed T. Rollo represented John W. Ralgls. licensee ot WHAI. WublnKtoa: Power boost tor KELA, Chehalls, received CommlBh green light after demonstrating that a atronger alg- nal Intensity wns needed In the area and that no objection- able Interference would be caused to outside transmtttenK Granting of plea ivaa made contingent upon the. Inatallatlos ot a higher and more cfflcleot antenna, or Improvements to the present .antenna Jacking up Its minimum Held intensity to comply with Commlsh regulatlona Boost from 500 watts to 1 kw. can be made with no expenditures other than an In- crease In the monthly operating expenses of approximately $40 per month. Station will remain on Its present 1440 kc. frefiuency. KFILA, Central Broadcasting Corp., was represented by B'^n 3. Fisher and John W. Kendall. MINOR MISIONS MIcfaiffAni TVOOD, Grand Rapias, and AVXYZ^ Detroit. KlnK-Trundl« Brqadcastlnp Corp., present licensee extended temporarily pending Cominlah action on regular renewal ap- pllcatlone, In no event longer tlinn to May 1. Orviron: KEX. Oreironlan Publlahlnfc Co., Portland, icranted unlimited operation xvlth 6 Uw. Irom JJarch 24 to April 22. Saatli llakota: ^VNAX, Tanktoo. granted renewal oC license for period ending !?ept. 1. Toxuh: KFDM, Bonumont Broadcasting Corp., Beaumont, granted renewal of license to Sept. 1. NEW APPUCAHONS Cttliforiila; KnoW, Oakland, authority to transfer control of corporation from H. P. Drey, S. L. Brevit, It. E. Morgan, Charles Martin, C. V. Knemyer to W. T. Dumm. Philip O. Lasky, Fred J. Hart, and Wallace F. Elliott, 9,S3C.6 shares atook. Korth ChvoIIbo: Jonas Wolland, Klnston, new relay broad- cast experimental station to be operated on 31100, 84600. 37600 and 40600 kc, with 3 watts power, A-3 emission. I'tah: KUTA, Salt Lake City, change frequency from 1(00 to 670 kc, Jump Juice from 100 watts to 1 kw., Install new transmitter and directional antenna for all-tlme use. SET FOR HEARING Connecticut: WNBC, New Britain, Jump night power from 250 watts to 1 kw, using directional antenna system for day tfnd Bight operation. Hootana: KQIR, Butte, Jump night Juice from 1 to 5 kw. (to be heard before Commlsh). PeBBwIvanla: B. dryan Musselman - and Lehigh . Valley Broadcasting Co., Allantown, application for voluntary assign- ment of license from B. Bryan Musselman to I^hlgh Valley Broadcestlng Co., a -Pennsylvan-'a corporation; WSAN, and Lehigh Valley Broadcasting Co., Allentown, voluntary assign- ment of license from T\'SAN. Inc., to Lohigh Valley Broad- casting Co. (Comrhlaslona Cajte and Craven dissenting; Brown nt-X. participating). Texas: Brown County Broadcasting Co.. Brownsville, new station to be operated days only on 990 kc. with 1 kw. EXAMINER'S RS'ORT New Yorb-PenBsylvaBla: No. no and no recommended by Examiner Tyler Beriy on scoffle for two new stations at Syracuse and Sallna, N. y.,..and one power Increase and ex- tension of operating time for TVHJB, Greensburg, Pa. Results of hearings held Xarx October convinced Berry that none of the roS0 PJtl.. EST Wednesday, March 22, 1939 MUSIC— DANCE BANDS VARIETY 45 OBERSTEIN THREAT REACTS 15 Best Sheet Music Sellers (Week ctmHtisi March 18, 1939) Deep Purple ••••<•• ■ / Bobbins Penny Serenade , Shapiro Umbrella Man Harms Little Sir Echo — Bregman God Bless America .Berlin I Get Along Without You Very Well Famous Could Be Santly Masquerade Is Over Crawford * You're a Sweet Little Headache Paramount I Promise You ABC Hold Tight Exclusive . I Cried for You ; Miller *I Have Eyes •■i Paramount *Funny Old Hills Paramount Gotta Get Some Shuteye Berlin * Indicates filmnsical song. t Indicates stage production song. The others are pops. , DATE MIXUP KILLS LEROY CASE LeRoy . Music Co. last week lost Its cult against Leo Feist, Inc^, in con- nection with the song, 'My Mar- guerita,' on a technicality. Supreme Court Justice Aaron Steuer granted Feist's motion to dismiss the com- plaint after the latter had pointed out a defect as to copyright date on the title page of LeRoy 's version of the song. Feist had used the same title on a number of its own in 1937, two years after LeRoy had published its version. LeRoy sued on the grounds bt unfair competition. In asking for the dismissal Julian T. Abeles pointed out that the Le- Roy publication came out in 1935, a year after the tune's composer, Emma P. Lafrenier had herself copyrighted and published it While the assignment, argued Abeles, was okay, LeRoy violated the copyright law by using 1935 instead of the original date of copyright on ' the title sheet, since the LeRoy version ' was in no way different from the original publication. As a result of this device, added Abeles, LeRoy sought to extend the lite of the original copyright and by such de- ceit had thrown his number into the public domain. Under the coj)yright law an addi- tional copyright may be taken out It the manuscript subsequently filed contains added or new material. Big Tbree hcorporates Albany, N. Y., March 21. Big Three Music Corp. has been chartered to conduct a business in printing .and publishing music in all forms with principal offices in K^an- hattan. Capital stock is 200 shares, no par value. Julian T. Abeles is the filing. at- torney. Metro-Robbins combine has set up this corporation to -cover its central shipping facilities. Robbins Music Corp., Leo Feist, Inc., and Miller Music catalogs will from now on clear through the Big Three Music Corp. Latter name will only be used in relations with the trade. Identities of the Robbins, Feist and Miller insignias will be retained otherwise. American News Spreads Into Sheet Music JUDGE'S POSTSCRIPT Long-Deferred Decision Has prise Chapter Inserted Sar- Federal Judge Joht) Knox added a surprise chapter to the long-pending action of a group of publishers against Electrical Research Products, Inc., when last week he called in contending counsel for oral argu- ment The case, which was tried last summer, was believed wrapped for a decision after briefs had been filed ■everal months ago. Suit, which involves anywhere from $125,000 to $150,000, stems from an agreement which had existed prior to 1932, giving ERPI the ex- clusive right to license synchroniza- • tlon rights for foreign use. The pub- lishers concerned claim that there's • huge residue coming to them un- oer the terms of the old contract Just before the case went, to trial last summer ERPI informed several xiajor picture producers that if the electric lost . the decision it would hold these producers liable for the judgment Mart Kenney to Toronto Vancouver, March 21. Question of who will open the new »10,000,000 Hotel Vancouver music- ■Jv on arrival of King and Queen is **« up in air. Current maestro, Mart Kenney goes to the Royal York, Toronto, May 18. As in past yearsi Kenney will play cne-nighters across the Dominion, With twelve definitely set, prior to Toronto opening. American News Co. will become a distributor of sheet music on a na- tional scale, servicing stationery stores, drug stores and other outlets. This will be an extension of the ex- periment that the newspaper and mag distributor has been conducting in the Hertford, Conn, territory dur- ing the past eight weeks. The ANC's idea is to expand section by section until the company is servicing all important sales points in its dis- ti'ibuting setup. American News will clear its mu- sic through a central shipping point the Music Sales Corp. Latter, with the aid of Walter G. Douglas, chair- man of the. Music Publishers Pro- tective Association, is also working out a similar central shipping proj- ect with the Kresge chain. Boy Music Co. has sold the Euro- pean rights to 'Rusty Hinge,' 'Blue Bayou' and 'Home Cookin' Mama' to Lawrence Wright London publisher. DANCEMEN EIIJOY Victor and Brunswick Out to Hold Favorites — Al- ready Have Cut Down List Available to Former RCA Recording Exec DISCS PAY OUT Scramble of the record companies to sign or re-sign high-bracketed or- chestral talent during the past few weeks is reacting in favor of the bank accounts of several banas. And more to come. . All started with the exit of Eli Oberstein from RCA- Vlctbr and his promising to grab off the cream of the band crop for the company he formed. In addition there is another reason, namely, the infusion of Columbia Broadcasting money into Brunswick-Vocalion records. In competition the trio has sky- rocketed the price for names.- Artie Shaw, originally named to go with Oberstein, got himself a $100,000 guarantee for two years- with Victor. Benny Goodman also renewed with Victor. Tommy Dorsey, after re- putedly being aligned with Oberstein also stays with Victor on a one-year with option contract guaranteeing him $50,000 a year against royalties which can grab him off more than his guarantee. Dorsey was offered a guarantee of $45,000 a year to go over to Brunswick. The Oberstein deal was similar to what Dorsey got from Victor. Larry Clinton will no - doubt be with Oberstein, but Sammy Kaye, also named as part of the nucleus of Oberstein's outfit, has until the end of . June to go ' on his current Victor pact Gene Krupa, important new band on records, will stay with Brunswick, although wanted by Oberstein. Joe Higgins of Brunswick went out to Cleveland last week where Kay Kyser was making a week's stand at the Palace and signed him to a re- newal at an undisclosed figure. His is. a one-year contract Higgins also signed Kyser's wife, and vocalist Ginny Simms, to a separate record- ing arrangement Horace Heidt Is also safely in the Brunswick fold. ASCAP MEETS MARCH 30 AT WTZ-CARLTON, N. Y. Annual meeting and dinner of the American Society of Composers, Au- thors and Publishers will be held at the Ritz Carlton hotel, N. Y, March 30. Event is expected to produce the usual controversy about ASCAP's classification methods from both' writers and publishers. Social Security Set-Up Wholly Misfit To Musicians, AFM Tells Congress Theme Songs on the Hour Philadelphia, March 21. Pep Boys, auto supply dealers here, believe in doing things on a large scale. Not satisfied with sponsoring a six-hour show every night on WIP, now they've had written not one theme song for it but six. A different one -will be played every hour on the hour during the shqw each night Moe Jaf[e, author of 'Collegi- ate' and other tunes, was em- ployed to write the songs. He did both music and lyrics. - AVAILABILITY DEMANDS ARE PROBED Controversy over availability rat- ings in the American Society of Composers, Authors and Publishers broke out again last week in pub- lisher ranks when the newly elected availability committee held its first hearings on member protests. Among those that asked for boosts in theii ratings were .5antly-Joy-Select Inc., Red Star Music, Stasny Music Corp., LeRoy Music Co., Broadway Music Corp. and Joe Morris Music Co. New committee is composed of the same publishers that comprised the group of seven last year. Only change made was in the chairman- ship, the designation this time go- ing to Edwin H. (Buddy) Morris, v.p. in charge of the Warner Bros, niusic combine. Hearing was marked by Morris' insistence upon his thoroughly quiz- zing each applicant as to the rea- sons for the requested tilt, instead of treating the proceedings as a mere cut and dried formality. This de- mand, for facts and details and sift- ing of' the applicant's case in his or her presence proved irksome at times to most of Monris' associates on the committee. Morris' diligence as the presiding prober led to a diverting interlude during the hearing on the protest of the Stasny Music Corp. Mrs. Bessie Stasney, head of the firm, inter- rupted one of Morris' questions by wanting to know just what publish- ing house he represented. 'Harms, Inc.,' answered Morris. 'Also Remick, Witmark and Warner Bros.,' another member on the committee volunteered. 'Oh,' rejblned Mrs. Stasny, "you don't care whether you make money or not' Assignment of Rights Proviso Has Eye to Future Television; Pubs No Like Music, publishers charge that the new assignment which the council of the Songwriters' Protective Associa- tion has submitted to its membership for signature is not a substitution for the disputed Article IX of the SPA's by-laws but rather a temporary sub- terfuge. Pubs who have- analyzed the terms of the new assignment contend that the heads Of the SPA are still intent upon setting up a separate organization to exploit the television rights of works created by SPA members. Although the revised assignment permits a member to cancel the SPA'S administrative rights to a work on so many days' notice, the association's council retains the right to cancel his membership altogether. New assignment also states that while it is in force Article IX be- comes inoperative but does not as- sure the complete erasure of this ar- ticle froin the by-laws. Article IX does not provide for any cancellation facilities or ter- mination date and it was as a ifesult of this discovery that a considerable number of the SPA's membership on the Coast withdrew from the asso- ciation last year. The pubs consider the new SPA assignment as an ad- mission that the association has no right to ask its member to invest it with administrative powers over mechanical rights. The new assign- ment provides that such powers be delegated to a committee of three. SPA's New York offices has ad- vised the pubs that the new assign- ment has been signatured by all Coast members excepting Jerome Kern. Irving Caesar, the SPA's pirez, in writing the Coast contingent re- cently, declared that the 'SPA has no intention of becoming an agent for the writer.' Continuing with the same paragraph, Caesar wrote: 'It (the SPA) would prefer not to. The only reason it has for asking the power to administer some of these rights is because it an emergency should arise wherein the publishers refused to grant to the writers an equitable basic contract then and only' then (and reluctantly,- 1 might add) would we attempt to administer these rights.'. Washhigton, March 21. Woes of the musical fraternity un- der present Social Security laws was unrolled Monday (20) before the House Committee on Ways and Means by Samuel T. Ansell, general counsel for the American Federation of Musicians. Grievous predicament of transient musicians who, by rea- son of their casual engagements, are not qualified for unemployment and old age benefits were highlighted, along with trials of band leaders who often are listed by the Internal Revenue bureau as 'employers' and called upon to pony up with em- ployers' contributions to the Social Security tax. Bearing a letter from Joseph N. Weber, AIM prexy, Ansell described 'dire need' of musicians fbr Social Security compensations- and ac- cused the Act of a 'lack of definition' in the application of the terms 'em- ployer,' 'employee,' 'wages' and 'em- ployment' Denoimced particularly the taxation of orchestra leaders when the establishment for whom the services are perfbrmed 'is the employer of all members of the orchestra . including the leader.' Weber's letter, which was read by Ansell to the committee, accused the Internal Revenue Bureau of 'turning upside down' the real purposes of the Security Act: 'Notwithstanding the apparent clarity of the Act in this respect the Bureau of Internal Revenue, sur- prisingly so to me, seems to have found it far otherwise,' the union president declared. 'The Bureau, in determining the status as regards musicians and the establishments for which they work, has so far turned the Act upside down as, in a vast multitude of cases, to make the leader of an orchestra the employer instead of the entertainment estab- lishment hiring the music. Con- gress could hardly have intended-, such a result . .' Stressing the fact that 'casual en- gagements' furnish a large amount of employment in "the musical fisld, Ansell — in a 40-page brief — re- quested an 'equitable security sys- tem' which would assure the roving musician of relief in whatever Stcte he was stranded; include leaders in the category of employee and gen- erally admit the musical profession to the protection of Federal unem- ployment old age and other benefits. 'OLD 9T COMPOSER WMS USE SUIT VS. TIME Detroit March 21. 'Wreck of Old B7,' which last year brought him $65,295 in royalties from Victor Talking Machine Cs., won another $10,000 last week for David Graves George, of Detroit who penned sad ballad in 1903. -Latest judgment wss awarded by N. Y. supreme court against Time mag. In his suit George alleged that Time had libeled him in an arlicle published in mag's Dec. 31, ir34, issue which gavie an account of his long litigation over song with Vic- tor. Given a 30-day stay, Time at- torneys indicated they would appeal decishf In winning the suit against Vic- tor, George, who is now 73, culmi- nated a ten-year court battle to de- termine his right to the $65,?S5 ac- cruing ift royalties from over a mil- lion records: Benny Carter Re-forms Recently Disbanded 15 Trumpeter Benny Carter, who dis- banded his crew recently, has re- organized, it with most of the orig- inal men and opens a stay at the. Savoy Ballroom, N. Y., March 29. Crew will have four NBC shota weekly. Rockwell General Amusement booking, Moe Gale handling. Crew will comprise 15 pieces with, leader and a femme vocalist. Lou Bacon^. trumpet will also vocal. 4« VARIETY Wednesday, March 22, 1939 Y . - ■ Julian Abeles Willie Horowitz Johnny Noble Harold Adamson Leonard Joy Abe Olman Murray Baker Jack Eapp Bernard Prager Henry Busse Kay Eyser Sigmund Romberg Josei Chemiovsky Gene Krupa Domenico Sovino Larry Clinton Steve Levitz Arthur Schwartz Bob Crosby Harry Link Artie Shaw Xavier Cugat Guy Lombardo L K. Sidney tommy Dorsey George D. Lottmcm Fred Smith Vernon Duke Matt Malneck Dana Suesse Dvdee Ellington Tony Martin Gordon V. Thompson Harry Fox Jack Mason Rudy Vallee Benny Goodman Ed McCauley Joe Venuti Gordon and Revel Jimmy McHugh Fred Waring Glen Gray Walter Meyers Paul Weirick Ferde Grofe Glenn Miller Paul Whiteman Milt Herth Lon Mooney Meredith Willson Joe Higgins Spud Murphy Teddy Wilson Wednesday, March 22, 1939 Inside Stutf-Mnsic MUSIC—DANCE BANDS VARIETY 47 Will Von TUzer has been elected a director of the American Society of Composers, Authors and Publishers. It's a two-year teniL Von Tilzer got the nod from the board after Gene Buck, pfez, pointed out that the head of the Broadway Music Co. had been serving as director for a year without being duly re-elected. The election was made retro- active, making the term actually three years, to (iorrect this oversight for the records. Harry Warren, who has renewed his writing contract with Warner Bros., plans to sell his Hollywood home with the view of commuting between New York and the film colony. Johnny Mercer, who will continue to be teamed with him, is slated to signature a renewal deal by the end of this Veek. Mercer will likewise shuttle between the WB studios on the Coast and New York. Under a resolution passed by the board of directors of the American Society of Composers, Authors and Publishers, all officers of the organi- zation, excepting the president, are henceforth barred from succeeding themselves. The new sentiment on the board favors rotating these posts. Some officers have held the same title for as many as 15 years. Jimmy Dorsey gets a shot at the •Show of the Week' program on WOR this Sunday (26), He opens at the Meadowbrook, Cedar Grove, N. J., about May 13 for six weeks. Johnny Hessner orchestra cuts 18 Bides for Associated Records this wedc. GREETINGS JACK FROM andlARRY Pbifly Band on CBS After Sqnawk Is Filed; Bookers Shut 'Em Out 'Philadelphia, March 21. Squawk by musicians' local about monopoly control of Music Corix)ra- tion and Consolidated Radio Artists over network time for remote band broadcasts brought results this week. Union complained that it was ' im- possible for local bands to get web spots, because all the time was tied up by the big booking offices.- This resulted in' the first break In the locals situation when Joe Frasetto's orch'at Jack Lynch's Walton Roof was allotted 15 minutes on Saturday night by CBS. Threatening to present a resolu- tion against the time monopoly to the national AFM convention, local complained to IjOU Mindllng, of MCA. Mindllng told Rex Riccardi, secretary, that it was okay by him if Frasetto got time and suggested Ric- cardi contact Columbia. CBS also agreed. Ricardi declared that his resolu- tion will nevertheless be presented because local baiids should not be dependent on charity of MCA or the networks to get air time. Alfred Newman wrote the musical score for Samuel Goldwyn's 'Wuth- ering Heights.' Gus Kahn has written a set of lyrics for 'Rhapsody in Blue.' GREETINGS TO JACK BOBBINS FRANK SKINNER CONGRATVLATIOISS JACK SAM COSLOW 'MANHATTAN SERENADE" 'METROPOLITAN NOCTURNE' and '^TRIBUTE" trom to JACK/' LOUIS ALTER in preparation *'SIDE STREET IN GOTHAM" From Next Room Governor Clinton Hotel, N. Y., employs a devious method of get- ting Its own organ music for Its - dining room,. Ijatter uses a Muzak hookup, while hotel's cocktail lounge employs an or- ganist , . Organist's keywork is picked up and aired each evening by WNEW, N. Y. Muzak in turn picks it up from WNEW and feeds it back to the dining room. SHAW CRACKS MCA HOTEL Artie Shaw orchestra goes into Pennsylvania hotel, N. Y., Oct 15. Band will go in to the spot's Cafe Rouge, a larger room than the Mad- hattan Room now holding the Harry James crew. Hotel is mulling re- versing the two rooms. Putting Shaw into the Cafe Rouge, normally a luncheon ipot, will prob- ably force the Madhattan into the Rouge's luncheon status. Shaw is the first Rockwell General Amuse- ment band to break through the Mu- sic Corporation of America hold on the Penn. SL Louis Union Fights Use of School, Amatenr And U. S. Marine Music St Louis, March 21. The insistence of AFM, Local No, 2, that standby bands of. union footers be employed at several ex' positions and conventions here has caused the cancellation of plans for music at the Greater St. Louis Flower and Garden Show that got under way at the Arena Saturday (18). Promoters of the show had arranged for Incidental music by. several choral groups and organists but when execs of Local No. 2 de- manded that a 20 piece union band play at each of the show's nine days at a total expense of $1,845 all music was withdrawn. Fred H. Meln- hardt exec chairman of the St Louis Flower Show said that the ex- hibition would cost more than $30,000 and the added nut was too much. Sam P. Meyers, prez of Local No. 2, said the union will insist upon the hiring of union tooters at all events here important endUgh to re- quire musical entertainment He said 1,100 union tooters were im- employed. The union also has pro- tested against the efforts of the Elks to bring the U. S. Marine band here for the national convention in July and during the past several weeks has demanded the enforcement of the rule of several years' standing that at least 12 union tooters be en- gaged for events at the Coliseum. Women's Exposition recently sought to hire a smaller band and caused the withdrawal of the McKinley High School band from the riecent Americanization parade of the Boy Scouts which was sponsored by the Elks. Previously liOcal No. 2 prevented college bands from play- ing during a collegiate ice hockey double header at the Arena. Muzak Vs. Union North Dakota Governor Signs Bill But Won't Spend Cent to Defend It SANTLY RESIGNS Qoita Appeals Board Post — Ralph Peer Succeeds Lester Santly, of Santly-Joy-Se- lect Inc., last week resigned as a member of the publishers appeals board on availability and Ralph Peer, of Southern Music, who got the fourth largest amount of votes for election to this three-man group! stepped into the vacancy. Santly quit even before the board had had a chance to function. Other two members .are E. B. Marks, head of the E. B. Marks Music Co., and Lou Diamond, of Famous Music Corp. Santly, who gave no reasbn for his withdrawal, is himself engaged in fighting for an availability-point in- crease for his firm; 'Josephine' Renewal Case Up; Shapsro, Bernstein Wins First VoCey Shapiro, Bernstein & Co. scored in the initial court skirmish over the renewal rights to 'Come, Jose- phine, in My Flying Machine' when Federal Judge Alfred Coxe refused to grant a motion dismissing the complaint Al Bryan, Fred Fisher and Famous Music Corp., joint de- fendants in the action, had asked for the dismissal on the ground that Shapiro-Bernstein, as .self-asserted proprietors of a work made for hire, were not eligible to the renewal of 'Josephine.' The right of renewal belonged solely to Mrs. Fannie Sha- piro, widow of Maurice Shapiro, the person for whom the work was orig- inally made for hire. Counsel f or ' Shaplro-Bernsteln, in answer, argued that previous court rulings have held that a work made for hire is as . transferable as any other copyrighted work. Judge Coxe in his memorandum upheld, this viewpoint stating that the re-; newal could and should be taken out by Shapiro, Bernstein & Co. as successors to the late Maurice Sha- piro. Song was originally copy- righted in 1910. Bryan, who wrote! the words, assigned his renewal '. rights to Famous Music, while Fred ! Fisher,. 'Josephine's' composer turned his renewal rights over to his own publishing firm, the Fred Fisher Music Co. Shapiro-Bernstein contends that the number was created while Bryan and Fisher were employees of Maurice Shapiro, while the writers hold that the song was being per- formed some time before Shapiro brought it out and It was not part of the stipulated list of songs they turned over to Shapiro on entering his employ. Minneapolis, March 21. While the North Dakota state legislature passed and Gov. John Moses signed a law requiring ASCAP to 'file lists of musical compositions and levying a 3% privilege tax on the organization's Income within the state, the trade is wondering whether the measure means anything in view of the governor's announcement that 'not one cent will be spent in de- fending the law's validity in the courts.' The governor's announcement was prompted by the opinion given by State Attorney General A. S. Strutz that the law is unconstitutional. Despite the opinion, the governor de- cided to sign it — at the same time, however, making known that if ASCAP attacked Its validity the state would let the suit go by de- fault Strutz believes that the North Dakota law Is illegal because it limits privileges granted by the fed- eral copyright law. ABT GILES INJUEED Pittsburgh, March 21. . Art Giles, veteran Pittsburgh band-leader, was seriously injured here leit week when an auto in which he was a passenger hit a tree. Batoneer was taken to the Allegheny General Hospital, where physicians said he would recover. Giles recently closed an engage- ment with his orchestra at the Hotel Schenley's Continental room. Fetst Rc-Issnes 'Jada' Feist is reissuing the oldie 'Jada' with a new set of lyrics written by Nan Wynn. It will hit the stands AprU 7. Miss Wynn also recorded the tune in swing style for Decca. THANKS, JACK MTTCBEL PARRISH and PETER DE ROSE Philadelphia, March 21. Plans by Muzak to extend services to Philly get underway this week. Representative of the New York au- tomatic music purveyors is expected in town within a few days to go over the situation with Rex Riccardi, sec- ' retaiy of the musicians' local. ! If Muzak does decide to invade { PhiUy, it will presumably be entirely , on terms laid down by the AFM, as> a Philly ordinance requires City ; Council approval of any contracts to ' use telephone lines for other than' strictly telephone company business, i Shryock Radio Co, a local outfit at- tempted to set up a service similar to Muzak some time ago. I AFM terms to Mozak will be the i same that caused Shryock to with- I draw- It will demand the final right . to pass on every spot signing up to use the service. Frederick Hollander and Frank Loesser cleffed 'Song of the Beach- comber* for the Paramount picture, 'ping of tl^f .River.'. , To Jack Rohhins: It's your Silver Jubilee On the Street of Melody, And the heart of Tin Pan Alley beats with joy, Every song you helped to make Is a milestone in your wake, And a memory to every girl and boy. There were times when things went lovely There were times when things went wrong, But the saga of Jack Robbins Is a Hit Parade of Song I You have seen the Stars of Broadway come and go, But the steadfast star of Broadway's Music Row Is our Little Skipper Jack Who brought Tin Pan Alley back. Happy Jubilee, Jack Robbins, Ship Ahoy I NICK KENNY CHARLES KENNY 4S VARIETY MUSIC— DANCE BANDS Wednesdaj, Marclr 22, 1939 BANDS and ORCHESTRAS Week of March 24 Parmanant addrMs of banda and orehaatraa ara publlahad^ with* out eharga. Whila avary affort ia mada to inaura aeeuraey in thta dapartmant cooparatlon in notifying arrora will raduea miatakaa to a minimum. Kay to abbravlatlenat B— ballroom, C-^cafa, CC— country elub, H— Hotal, N— Night Club, R— roaUurant, T— Thaatra. Booking Aganciaai ARA, AaaoeiaUd Radio Arllata, 1650 B'way, N. Y. e.; CRA, Conaolldatad Radio Artlata, 1260 8ixth.Ava, N.Y.C.t FB, Frodartek Brea^ 1270 Sixth Ava^ .N. Y. C; MCA, Muaie Corp. of Amerioa, 745 Fifth Ava^ N. Y. C:^ Roekwell Amua, 1270 Sjxth. Ava, N. Y. C. AuoDMn. Iirlna, c/o WBN, NTC. Alberta, Don. El Chleo N.. NTC. Alptrt, Ulokey, Bndtord H., Boaton. Ambusadon, Rojralft. Conrnsa H.. CbL Aodnwi. Gordon. Club 18 N.. NTC. AtnutroDtt. Loula, c/o Jo« OIomt, 1270 etta Ave., NTC. Aeb, Fanl. Roir T.. NTC. Amhelm, Oua, R-O'K. Bollywood. Bailey, Bert, PUntatlon Club, Milwaukee. Barnet, Charley, Paramount T., NTC. Bamett, Jimmy, c/o FB. s. Bardo, BUI. Blacktaawk H.. Davenport la. Barrle, Slok, Beverly-WIUblre H., L..A. Barron, Blue. Qrand T.i Atlanta. Saale, Count, o/o UCA. Bauer, Tony, Scaler's N., Milwaukee, Baum, Cbarlea. St ReRia H., NTC. Becker, Howard, Rainbow B,. Denver. Bersere. Maximilian. Vereallles N.. NTC. Blltmore Boys, Carleton H., Wash., D. C. Blake. Loo, Atlanta-BUtmore H.. At- lanta, Ga. Blanco, Pedro, Embassy C. Pblladelphla. . Bleyer, Arcble, Earl Carroll's R., H'wood. Bolognlnl, Ennio, L'Alglon R., Ctal. Bragnle, Vincent, Ambassador U.. NTC. Brandwynne. Nat, Bases House H.. NTC Brlsode. Ace, Merry Garden B., Cbl. Buck, Verne, Oriental T., Cbl. Burkartb, Jobnny. Plantation Club, IndU anapolls. Burton. Paul, Bontbem Tkvem, Cleveland. Busse, Henry, H. New Torfcer, NTC. Calloway, Cab. Cotton Club. NTC. Camden, Eddie, Souriiem Mansions. K. C. Candullo, Jo*. VetsalUea Club, Holly- wood. Fla. Carter, Benny, R-O'K, NTC. Cerwln, GeorKO, Club Sabara, Milwaukee. Chemlavsky. Josef, WLW, Cincinnati. Clark, Buddy, Armando's R., NTC. Clinton, Larry, Palace T., Cleva. Collins. Bemie, Ansley H., Atlanta, Ga. Cornwall, Joe, Newhoues B., Salt Lake City. Courtney, Del, New Kenmor* H., Albany, li. T. Cromwell, Channcey, Paxton H., Lincoln, ' Nab. Crosby, Bob. Blackbawk R., Chi. Cummins, Benle, Wm, Penn H., Pitts. Barlsse. Gilbert, Cbateaa-Frontenao H., Quebec. Davis, Eddie, Lam* R., NTC. D* Andrea. Joseph. Pepper Pot N.. NTC. Davis. Johnny, Miami Club, Milwaukee. De Lanee. Eddie, c/o William Morris,. Denny, Jack, c/o Wm. Morris. Donahue. Al. Fox T., Phlla. Dooley, Pbll, Palmer H., Cbl. Doraey, Jimmy,' Strand T., NTC, Duohln. Eddy, cr/o MCA. Duke, Jules. Tutwller H., Blrmlnchara. Ellis. Joe. Queen Mary R., NTC. . . Ennis, . Sklnnay, Victor Hugo's R., H'wood. Emie, Val, Whitehall N., Palm Beach, Fla. F Featherstone, Spike, La Confa C, Holly- wood. Feldstein, Joey, Tlo Top Tap N„ Mil- Felton, Happy, Slate T., NTC. Frasetto, Joe, Jack Lynch's Walton Roof, Philadelphia. Fidler, Lou, Colony Club, Cbl. Fields, Shep. c/o MCA. Fisher, Freddie, I.aokout Housej Coving- ton, Ky. Fisher, Mark. Royal's Frolics C, Chicago. Fomeen, .Basil, St. Morltz H., NTC. Faster, Chuck, Topsy's N., Soutbgate, Calif. Frederic, Marvin, Atlanta-Blltmore B., Atlanta. Frederics, Jan, Boulevard Tavern, Elm- hurst. N.T. Funk, Larry, Frontenaa Club, Detroit. Garber. Jan. Riverside T., Milwaukee. Oosparre, Dick A-mbassador H,. NYC. Gay, Leonard, Congo Club, Milwaukee. GendroOi Henri. Coloslmo'a N., Chicago. Gill. Emerson, c/o CRA, Glllen, Frank, Northwood Inn, Detroit Gillette. Jack, c/o CRA. Golden, Nell, Stuyvasant H., Buffalo, Golly, Cecil, Blltmore H., Dayton. Goodman, Benny, c/o MCA. Gordon, Gray. Edison H., NTC. Grant, Bob, Book-Cadlllso H., Det Gray, Glen, 'Waldorf-Astoria H., HTC Gray, Marly, Oasis N., Milwaukee, any. Ted. Gatlnratt CC. Ottawa, Out. Grenet Ellseo. Bl Chlco. NTC. Gumin, Joe, Chateau Club, Milwaukee. Raaa. Alexander. 2M W. TSth St., NTC. Hall, Sleepy, Show Bar, Forest Hills, NTC. Hamilton, Bob, Hajestlo B., Long Beach, Calif. ' . . Hardy, Bob. Flamingo N., Boston. Hnrlng. Bob. c/o R-O^K. Harper, Ntc, Wisconsin Roof B., Mil- HaiTla, Pbll, Wllshire Bowl,- Los Angeiea Hart, LIttiA Joe, Club Greyhound, Jeffer- sonvllie, Ind. Hawkins, Braklne, Savoy B.. NTC. Henderson, Fletcher, Grand Terrace, ChL Henry, Chuck, Paris Inn, L.A.- Heldt ' Horace, Blltmore H., NTC Herbeck, Ray, Aregon B.. Cleve. Hill, Tiny, Melody Mill B., Chi. HImber. Rlcbard. H. Essex House. NTC Hohengarten, Carl, CBS, Chi. Hoist, Ernie, Belmont-Plaza H„ NTC. Hopkins. Len, Chateau-Laurler H., Ot- tawa. Ont. Houok, Curt, Park Central H., NTC Network Pli^s, 8 AaM. to 1 A.M. Following is a totalization of the combined plugs o/ current tunes on NBC (WEAF and WJZ),andCBS (WABC) computed for the week from Mondau through Sunday (March 13-19). Total represents accumulated perjorm- ' " ' In 'Source" column, • denotes film tong, f lepit funej ances on the two major networks from 8 a. m.' to 1 a. m, and 'pop' speaks for itself. PDBjUSHEB. Bobbins. Shapiro. Santly... Remick Ch'appell BerUn.... SOVBCE. Pop Pop , Pop > Pop tStars In Your £yes. , .Pop TITLE. Deep Purple Penny Serenade Could Be Heaven Can Wait This Is It Gotta Get Some Shuteye. Good For Nothing ....Witmark Pop I Get Alone Without You Very Well Famous Pop Beein the Begulne Harms , ..Pop This Night Breeman •Honolulu ,,,, Hold Tight. Exclusive...... Pop I Cried For You. . , Miller Pop I Have Byes... Paramoiuit. .'Paris Honeymoon Little Sir Echo ;Bregman. . . . . , , Pop Moon Is a Silver Dollar Robbins ; Pop This' Can't Be' Love, , .', Chappell. , ; .tBoys From Syracuse. . . Masquerade. Is Over Cra'wford . . , ,Pop ; ; . . . . You're a Sweet Little . Headache Paramount,.... .*Parls Honeymoon Honolulu Bregman '. . . , *HonoluIu GBAND TOTAL. 44 40 -38 35 35' 33 32 • 29 27 26 25 25 ..... 25 ..... 24. ..... 24 22 . 22 . 18. It's All Yours. .Chappell .'Stars in Your Eyes 18 Jeepers Creepers Witmark: .Going Places.... la-^.. My Hear^ Belongs to Daddy Chappell tLeave It to Me is Umbrella Man ..Harms Pop is.^ Chop Sticks Shapiro Pop 17 . We've Come a Long Way Together Feist Pop 17 . I Want My Share of Love Harms Pop 17 - Cuckoo in the Clock. Berlin Pop 16 I Long to Belong to You , Red Star Pop IS It's Never Too Late Berlin iPop 14 Last Night a MiMele Happened....: Spier... -iv-.i ..Pop- , ...i.-. 14 . Romance Runs in the Family. Ager , . Pop 14 Blame It On My Last Affair .Mills Pop 13 Hurry Home ',., .Spier Pop 13 We Speak of You Often Olman Pop 12 I Promise You. ABC. : , Pop 11 It's All So New to Me Miller,.., Pop U Rainbow Valley Morris Pop 11 Poor Pinnochio's Nose Green Bros ;.Pop 11 You're the Only Star ..Shapiro ...Pop u Funny Old Hills.... Paramount ,,.,*Paris Honeymoon..,. 10 How Strange. Feist.... .tidiot's Delight 10 Patty Cake..,; Sam Fox ...Pop 10 It's Sliunber Time in Swanee Words and Music. Pop 10 Hudson. Dean, c/o Gus Edwards, First Nat'l Bank Bldg., Chi. Button, Ina Ray, Rose Bowl, Chi, -THE NEXT KO. 1 SMASH ' irS NEVER TOO UTE By Carmen Lombardo and Johnny Loeb -(60TTA GET SOME)- SHUT-EYE I ■J.-MK MATION'8 MOST gLAYBD BONO j Anothar Hit by Walter Donaldion and Johnny Mercer CUCKOO IN THE CLOCK •"HIS NEW WALTZ" • WE'LL NEVER KNOW By IRVING BERLIN JOe SANTLY, Prof. Mgr. Jacobs, Howard. Wm. Morris Agency, NTC. Jacobson, Stan, Club Madrid, Milwaukee. Jabns. Al, Provldence-Blltmore H.. Prov. James. Harry. H. Pennsylvania, NTC. Jay, Tallle, .Wlrth's FuturlsUe B., Mil- waukee. Jurgensj Dick. Aragon B., Chicago, Kaln, PanI, Wardman Park H., Wash., D.C. Kayo. Sammy. Commodore H., NTC Kondls, Sonny, Stork Club, NTC. Kenney, Mart, Vancouver H., Vancouver, B. C Kent Larry, Rainbow Rendezvous, Salt Lake City. Kent, Peter, Book-Cadillac H., Detroit. Kerr. Jimmy, ' Jerry's Mandalay N„ Hol- lywood. King, Llla. Esquire Club. Miami. King, Teddy, «/o Rockwell A mux. King, Wayne, Drake H„ Chi. King's Jesters, Clarldge H., Memphis, Kinney. Roy, Lexington H., NTC. Kirk, Andy, Southland Club, Boston. Kogen. Harry, NBC, Chi. Krupa, Gene, Sherman H., ChL Kuhn, Dick. Astor H., NTC. Kvale, Al. SUte-Lake T., ChL Lally, Howard, Five o'clock Club, MlamL Lang, Sid. Hl-Hat Club. Chicago. Le Baron, Eddie. Rainbow Room N., NTC Light. Enoch. Taft H., NTC LIvengood, Tlnney, Open Door N., Mil- waukee. Lombardo. Guy. Roosevelt H„ NTC. Lucas, Clyda, Beverly Hills; CC„ New- port, Ky. Lyman, Abe, Royal Palms Club, Palm Beach, Fla. M Halneck. Matty, Cafe LaMoze, H'wood. Manzanares. Jose, Colony Club. Chicago. Maples, Nelson, Webster Hall, H., Pitts. , Mario. Don, FIrenze' R.. NTC. Marsala, Joe, Hickory House N.. NTC Marshard, Jack, H. Plaza, NTC. Marten, Paul, Arcadia B.. NTC. Martin, Freddie, Trianon B., Chi. Martin, Lnu, Leon & Eddie's N.. NTC. Masters, Frankle, Roosevelt H., New Or- leans. Matheson, Bob. Rendevous C, Milwaukee. ^Mayehoff. Eddie, Governor Clinton H., . McCreery, H., Ambassabor H., Chl. McCoy, Clyde, c-o Gus Edwards, First Nat'l Bank Bldg., Chl. McDonnld, Billy,. Hofbrau,. San Dlcco. McPartlInd, Jack, 8 Deuces C, Chl. Mellen, EarL Madura's Danceland, Whlt- Ina, Ind. Miller. Glen, Meadowbrook Club, Cedar Grove, N.J. Mills, Jay, Edgewatar Beach H., Chl. Mllllnder, Lucky, State Palace B., NTC. Mllllngton. Basso, Black Cat N.. NTC. MIntz, Herble, Oriental Gardens B., Chl. Mojica, Loon, El Patio B., San Fran- cisco. . . . Molina, Carlos, Sir Francis Drake H.. San Francisco. Morgan, Rnss, Chez Paree, Chl. Morton, Gerry, H. Savoy-Plau, NTC. Munro, Hal, Athletic Club, Milwaukee. Murray, Chariea, Mon Paris N., NIC. N Nagel, Harold, Pierre H., NTC, . i!??";""' Roby, Rainbow Room. NTC. Nichols, Red, Netherland-Plaza H., CIncy. Noble, Leighton, Rltz-Cartlon H.. Boston. chJTn.t!"'' °' ' ^•"'« ^'•»* Olman, Val, c/o R^D'K. Olson, Geo., Palomar B„ L. A. Palmer, Skeeter, Seneca H., Rochester, N.T. Paul, Eddie. Columbia B., Cleve,, O. Pendarvis, PauL Palace H., Sun Fran- cisco. FettI, Emile, Savoy-Plaza R., NTC. Peyton, Jimmy, Plaza R., Pittsburgh, Pllner & Earl, Blackstons H„ Chl. Prima, Loula, Jitterbug House, Los An- geles, Ramona, Muehlbach R., Kansas City. Rapp, Barney, Gibson H., CInn. Ravazza, Carl, Rainbow Rendezvous, San Francisco. Ravel, ' Don, Greenwich Village Casino, NTC. , Redman, Geo., Omar'a Dome C, L.A. Relchman, Joe, Mark Hopkins H., San Ftanclsco. Renard, Jacques, Cocoanut Grove N., Boston. Relsman, Leo, 130 W. I7th St., NTC, Rhythm Boys, Stevens H., Chl. Richards, Jimmy, Greystone B., Dot KIco, Don. Seville R., Boston. Robbins, Billy, Coropado H., Worcester, Mass. Roberts^ Red. Devlnea Eagles B„ Mil- waukee. Rodrlgo, Nano, Havana-Hndrld N., NTC Rogers, Eddie, Syracuse H., N, T. Roland, Don, Marcus Daly, Beverly Hills, Calif. Rolllnl, Adrian, Belmont-Plaza H., NTC. Roth, Lee, Riverside T., Milwaukee. Sabln. Paul, Chez Parer, Omaha. Sanabria, Juanlto, Havana-Madrid, NTC. Sanders, Joe, Trianon B., Chicago. . Savitt, Jen, Lincoln H., NTC. Shanks, Charles, Bismarck H., Ghl. Sherman. Billy. Bill Green's Casino, Pitts. Shelley, Lee, Benny-the-Bum'a, Phlla. Shields, Roy, NBC, Chl, SIssle, Noble, Paramount H„ NTC Smith, Stuff, La Salle H., Ctal. South, Eddie, Blatz's Gardens, Milwaukee. SplUlny. Phil, Park Central H., NTC. Squires. Four, Stage One, H'wood. Slarr. Freddy, Park Lane H., NTC Stabile, Dick. StatlSr H., Cleve. Stoeirier, Welly c/o FB. Straeter, Ted, Monte Carlo, NTC. Straight, Charles, While City B., ChL Strong, Benny, Brown H.. Louisville. Stuart, MIron, Trocadero N., Milwaukee. Sudy, Joseph, Cosmopolitan H., Denver. Swanson, Billy, c/o CRA. Teeter. Jack, Club Tcrrls, Milwaukee. Thai, Plerson, Milwaukee A.C., Mllw. Thels, Henry, c/o n-O'K. Thompson, Lang, Brown-Palace H„ Den- ver. Trace, Al, Sherman H., Chl. Tracy. Jack, Broadmoor CC, Dencer, Travers, Ted, Henry Giady R., Atlanta. Trav^re, Vincent, Paradise R., NTC. TK.'.'t"''.?'^"' Palmer House H.. Chicago. Turk, AL Royale Frolics N., ChL ClT" I?°J ""' ^"°' Club. Union Va'rzos, Eddie, SSI. Club, Chl. Vlonl, Bud, Cardinal Club, Milwaukee. W Wagner, Buddy. Midnight Sun, NTC. waples. Bud, .Marquette H.. St. Louis. Webb, Chick. Paramount T., Springfield. Mass. Webber, Harry, Clover Club, Milwaukee. Weber, Henry, WGN, ChL Weber, Marek, NBC, Chl. Webster, Ralph, Tantllla Gardens, Rich- mond, Va. Weeks, Alison, Lyrlo T., Indpls. Weeks, Ranny, Club Mayfalr, Boston, *' Welk, Lawrence, Schroeder R., Milwau- kee 'Whitemon, Paul, Southwestern Expo, Ft. Worth. Tex. Williams, Griir, Victor Hugo's R„ L.A. Winston, Jack. Athens Athletic Club, Oakland, Calif. Winton, Borry, Rainbow Grill, NTC WIttlch, Doriss, Tar R., Chl. Woods, Howard, Village Barn, NTC. Tales, Billy, Bl Tlvoll Supper Club, Dal- las. Toung, Sterling, Bill Green'a Caalno, Pitta. ZIpp, Eddie, Old Reldelberg N., Mil- waukee. Zwerllag, Ruby, State T., NTC DIok Rnppert ol the WKRC CIn- clnnatl sales department flew to New York Sunday (19) for a fortnight's huddle with Red Reynolds of the CBS biz staff on promotional matters for the web's local outlet THEME SOm OF ''one third of a nation'' THAT'S HOW DREAMS SHOULD END By HAROU) ORLOB G. SCHIRMER 3 E. 43rd St., New York OLD SONG SUGGESTIONS JIMMY McHUGH'S mAN LOVE SONG'' Robbins Music Corp. 4 ACES! AEC MUSIC CORP, 799 Seventh Avenue, New York Frank Hennigs, Prol. Mgr. Wednesday, March 22, 1939 DANCE BANDS VARIETY 49 Inside Stuff-Orchestras Two hot music lovers not connected with the biz at all are backing the Informal jam sessions which last week shifted from the Park Lane Hotel to the Belmont-Plaza Roof, N. Y. Tagged the Friday Club, sessions bring In whichever outstanding musicians are in N. Y. at the moment to let them go to town sans music. Each is paid oil at union scale, there being a $1 tap at the door. So far, the events have been lucrative only once and then for only a few bucks as far as the backers are concerned. They are Paul Smith and Ernest, Anderson, laitter with True Story Magazine. Thing's been going five weeks. Rest of the time it has cost the two anywhere from $20 to $40 per week to sit and listen to hot men like ta.Xs Waller, Eddie Condon^ Bud Freeman, Benny Carter, Rex Stewart, Pee Wee Russell, Zutty Singleton, and others. Probably would be a deeper red if the room used were paid for. Hotel opens it on the cuff, figuring the drink sale enough recompense. Various orchestra leaders on tap in New York at the ni,oment jumped In end guest conducted Gieorge Hall's band in the first two days of its cur- rent date at the- State, N. Y., this week. Hall's wife died unexpectedly Wednesday (15) and was buried Friday forcing him from the show. Jan Savitt led off the guesters Thursday, being followed by Will Osborne, Gray Gordon, Henry Busse, Sanuny Kaye.and others in scattered order. Same situation applied Wednesday night when Hall's crew played a pri- vate party at the Hotel Pennsylvania, N. Y. Johnny- Messner left his outfit at the McAlpin hotel to baton several sets and was followed by others. Hall returned to the State Saturday morning. HERB COOK REHEARSES ALL-GIRL ORCHESTRA Kansas City, March 21. Herb Cook, staff member at WHB, is readying a girl band for theatres and night club dates. The organiza- tion will include a nine-piece trio. The Three Reasons.' The unit is in rehearsal until June. Cook was formerly - arranger for PhU Spitalny and manaRer of The Three Little Words.' He rejoined WHB a month ago. On the Upbeat 'One Foot in Groove' Artie Shaw recorded one of his original nxunbers - ' last week which he had named 'House of Jive.' It will be released under title of 'One Foot in the Groove.' . Bea Wain, vocalist with the Larry Clinton orchestra, Is another example of an unknown picked up by a band and built to important popularity. In Miss Wain's case she rose along with the crew on tunes like 'My Reverie' and the current 'Deep Purple*. Clinton took her- out of the Ted Straeter chorus on the Kate Smith radio show. She skyrocketed fast though, and now receives billing above Clinton's outfit on some of the New York Indie stations using recorded programs. For what that means. Another along the same lines is Ella Fitzgerald with the Chick Webb crew. As a result of 'A-Tisket A-Tasket' she gets equal billing with the band wherever It plays. Stan Shaw, director of the WNEW, N. Y.'s early hour 'Milkman's Mati- nee,' set up a recorded program early Friday morning (17) which saluted, number after number,' ihe various counties of Ireland. It was schedtiled to occupy half the night at least, but didn't get half as far as intended. Wave of wires came In, the ^Ist of all being 'We're not all Irish; let's have Artie Shaw.' . Artie Shaw and SI Schribman, New England ballroom operator, have agreed to settle an obligation which the bandman put himself under last year while playing for Schribman by the pajrment of a cash sum of money. Amount which Shaw is slated to give Schribman is $22,500. Mme. Commissioner Next? (Continued from page 37) again . endeavoring to. work Its will on the voiceless majority, as In the case of prohibition? If that meeting was important, then every W.T.C.U. meeting In 1914, 1915 and 1916 was Important. The sooner the N.A.B., the networks, the individual stations, the people in. radio, take a stand for a free and untrammeled radio, just as we have free speech and a free press, the better Uie situation will be. 'The solution of -the children's hour, which Variety seelcs, is simple. Any reliable pediatrician, psycholo- gist or psychiatrist will tell you, as they told me years ago when I was writing 'Little Orphan Annie,' that good, healthy excitement hurts no normal child. If the mothers in Mrs. Milligan's clubs are raising problem children, they had better look to their own hearths before they pro- pose to sweep the world clean. Any radio in the world shuts off with a iimple twist of the wrist 'After 15 years of experience with advertising agencies, I can safely - say that not one of those I have en- countered is callous to its social ob- ligations. And certainly no sponsor Is, whose business . depend on the goodwill of his customers. I have found no advertising agency unwill- ing to follow the rules set up by the networks. That they drive a hard iHirgain may be true, but so does the village banker entrusted with money hot his own. 'Who are the right nursemaids for the — horrible word — ^'kiddies' Are they the women's clubs Are they either the networks or advertising •agencies? Thank God, no! They are the thousands of wives and mothers — like my wife, I'm proud to say — who devote their time to their own children, well aware that education, entertainment, enlightenment, like charity, begin at home. Of course, the children's hour is an adult prob- lem. My five children (incidentally, does Mrs. Milligan have five?) are our problem, my wife's and mine. Their radio listening, like their film going, other entertainment, educa- tion and exercise, are directed by close personal contact. But there are no blinkers or ear-laps to dis- guise a , world greatly in need of improvement They are, X believe, well oh the way to becoming intelli- gent tolerant public-spirited Ameri- cans. If they are all those things we will be satisfied.' Dahm's suspicions of Mrs. Milligan seem unwarranted. She and a group, including Dorothy Gordan, appar- ently did the Industry a real service in arranging the oS-the-record luncheon (which got on the record!) in the interests of better understand- ing of conflicting viewpoints. The more liberal-minded clubwomen have understood the problems of sponsorships and have been sym- pathetic. P, S. — Mrs. M. has two children. WHAT GOES UP MUST COME DOWN GOT NO TIME IF I WERE SURE OF YOU AMUImtd lb« Oruteit Ctttta Club 8c«r< Enr WrlHeg ' Ai Outttandlng Precnn ' Number PAVANNE « By McrtoA Sauld EVER 80 QUIET Oh ct tli» Fmalnt Nwtlty NnnBcri Id Vun BLAME IT ON MY LAST AFFAIR Beniie Vocalist Enjomed Supreme Court Justice Salvatore A. Cotillo yesterday ("Tuesday) issued a temporary Injunction restraining De Lloyd McKay from appearing with Ben Bemie's orchestra, and ordered her n'anager and the plain- tiff, Benjamin Fogelman, to put up a $3,500 bond. Suit charges breach of a five-year managerial contract . PAUL WHITEMAN DATES Paul Whiteman orchestra is set for two concerts next month at Roch- ester and Boston. Crew does first at Eastman theatre, Rochester, April 14 and follows with Symphony Hall, Boston, April 16. Prior to those it Million Dollar Pier April 9. Whiteman returns to New York today (Wednesday) from a date at the Southeastern Exposition at Dal- las, doing his Chesterfield broadcast fills a one-nlghter at AtlanUc City's from there tonight (22). Band Bookings Ted Travers, Henry Grady hotel, Atlanta, four weeks, opening May 5. Rita Rio, Flatbush theatre, Brook- lyn, N. Y., March 31. Milt Herth Trio, Lincoln hotel, N. Y., April 3, indefinite. Emerson Gill, Frontehac Cafe, De- troit April 8 to 21. Blue Barron, Madrid Ballroom, Louisville, April 2; St Louis Arm- ory, April 3; Convention Hall, Pitts, April 5; April 6-10, Des Moines; Turnpike Casino, Lincoln, April 7. Gray Gordon, So'tAhland; Boston, April 10, two weeks. Charlie Barnet Raymor Ballroom, Boston, four weeks, opening April 8. Lou Breese, Coliseum,. Rochester, April 3; Coliseum,' South Bend, Ind., AprU 14. Les Brown, Canton, N. Y., April 19; Geneva CoUege, N. Y., AprU 28. Larry Clinton, Durham, N. C, April 6; Chattanooga, Tenn., April 24; Lawrenceville, N. J., AprU 29; Bristol; Conn., April 30; Rhode Island State College, Prov., May 3; Carnegie Tech, Pitts, May 11. Seger Ellis, Netherland-Plaza ho- tel, Cinn., AprU 11 to May 1; Van Cleve hotel, Dayton, May 4 to 31; Nicollet hotel, Minn., June 3 to 30. Joe Venuti, .one-nighter, March 25, WiUard hotel. Wash., D. C. Will Osborne, March 24 to April 15, staggered, Rainbo Ballroom, Bos- ton; AprU 2, Ritz hotel, Bridgeport Conn. Freddie Fisher's SchnlckeUrtiz band, Rose Bowl, Chicago, AprU 7, four weelcE, Charley Agnew, AprU 22, St Ag nes BaUroom, Chicago. Remodel, Rename Spot In Park Central; Opens Larry Ginton May 17 - In line with its name band policy started with Chick '^ebb and inter- rupted by the current Curt Houck crew, the Park Central hotel, N. Y., brings in the Larry Clinton orches- tra May 17 for a six to eight-week stay. Date had been rumored, but wasn't closed until Sunday (19). WiU Osttome band might precede Clinton. If it's set he will go into the Hotel just before Easter or thereabouts. Hotel will shutter the Cocoanut Grove from May 9 to 16 for a re- furbishing and enlarging to seat about 550. Currently can handle about 400. Room's palm motif might change with 'Grove' name slated for discard; - Clinton Is currently on a one-night tour. He starts a theatre date in Cleveland this week, then heads south for another month of one- night stands. Following the P.C., It's probable the band wUI go Into a spot at the New York World Fair. CHn.DS TO MCA WITH 16 WEEKS GUARANTEED Reggie Childs, who last week asked for and received his release from Consolidated Radio Artists, aligned his crew with Music Corporation of America Friday (17). It's eflecUve immediately. MCA guaranteed ChUds a mini- mum of 16 weeks' work between now and October. Most of the 16 are location dates. Bernle Cammins' announced clos- ing date at William Penn hotel's Chatterbox, Pittsburgh, on April 1 is oil and he'll stick until Urban Roof opens summer season. That'll . be arotmd Decoration Day. Jean Wald's femmS orchestra out of Pittsbvrgh has had option picked up at Hotel Fort Hayes, Columbus, for four additional weeks. Three Fittsbureh bands, Joey Sims, Owen Piper and . Jimmy Earle, booked for University of Pitt Mili- tary Ball Friday (24) along with Kay Kyser. Janis Williams Coqaettes, all-girl band, penciled into Stanley theatre, Pittsburgh, for week beginning March 24. AI Kavelln one-nights at swanky Concordia Club, Pittsburgh, Satur- day (25). Commodore Hotel- Perry, Toledo, date out and he's still await- ' ing next CRA assignment after end- ing two-month stay at Nixon cafe^ Pitt, this week. Jook Teasarden band will have six wires per week during its six- week stay at the Roseland Ballroom, N. Y. Gets three Mutual and three CBS shots. Sammy Kaye leaves the Commo- dore Hotel, N. Y., sometime In May for a series of theatre dat^ Includ- ing the New York Paramount Band has been offered a return shot at the Commodore next winter, open- ing In October. Bert Lown's new orchestra preems at Virginia Beach, Va., on location foUowing a short shot at one- nlghters. Jan SavlU stays at the Hotel Lin- coln, N, Y., Indefinitely. Charley Barnet was scheduled' to reUeve Savitt next month.' He'U go In whenever Savitt leaves. Hills Mnsle, Inc., will publish the score of the Hasty Pudding Club show, 'Fair Enough,' which opens at the Waldorf-Astoria hotel, N. Y., AprU 8. HARRY WARREN-^JOHNNY MERCER OUt>^ FOUR SMASH SONGS... so VARIETY VAUIW— NICHT CLUBS Wednesday, March 22, 1939 Unit Review MAE WEST & CO. (FOX, B'KLTN) Sylvia Manon & Co. (4), Bob Ripa, HoTi7K>iiico Rascals 19), Mae West (Hid Male Sextet; 'Persons in Hiding' (Par). Still a major attraction, Mae West In the flesh is strong enough to pack them in here. With plans for a mu- sical comedy on Broadway under way for next summer, present vaudeville tour, with Miss West car- rying three other acts in her unit, Is probably serving as a stage warm- up. Unit carries no orchestra and opens with house band in pit and Sylvia Uanon & Co. on stagie. One of the top adagio acts for years. Miss Itfanon is as youthful, lithe and graceful as ever. With her three male partners, costumed in silver and blue, performance is replete with sensational throws across stage, each trick bringing' favorable ]^ sponse. ' Bob Ripa, Danish Juegler, offers a variety of stick, ball and plate tricks. Pretty familiar to vaude fans, Ripa's balancing is par excel- lence with hardly a muff to spoil performance. Billing themselves as Borrah' Min- evitch's original harmonica ras- cals, the mouth-organ troupe fur. nishes badly-needed comedy and paves way for Miss West Mine vitch is no longer a part of this act. but his substitute carries on 'vritti the routines Uinevltch origi- nated. Three or four musical se- lections serve as background for constant fights and interruptions among the troupe. Their version of Umbrella Man Is seriously ren- dered, but unimpressive musically. Shrimp-sized member of the troupe has the audience in the hollow of his hand throughout His comic gyrations and fights with other members of the troupe for favored position at the microphone is grand slapstick. Full orchestra of 13 rises from pit. finally to bring on Miss West in the closing spot Set in attractive veV vet backdrops, with a chaise lounge the only piece of furniture, her six leading men In toppers, tails and canes, advance to center mike from the wings and sing the praises of the Sultana of Sex. Her accomplish- ments in pictures since 1932 are given . a onceover in snatches from song -hits she warbled in her various vehicles. Following introduction. Miss West emerges from center en- trance upstage in the grand manner, as the boys fade off. Her voluptuous figure, clothed in ;littering -black- jet costume with jlack ostrich feather headress, the whole designed to give her con- ception of Catherine the Great, brings applause right oB the bat. Sure and certain of herself, she does a typical West strut to the mike and sings "You Must Come Up and See Me Sometime.' Ten minutes or. so is next taken up in kidding routine with one of her leading men. It permits her to get off some of her sexy witticisms, which is what the customers are waiting for. Each gag. rings the bell. With an air of subdued sophistica- tion, taklnji in setting, appearanise of her suoDorting cast costuming and raaterisl, the whole unit is de- signed to give Miss West an o'poor- tunity of inoffensively presenting what she has to offer without any trouble from censors. Closing routine of her act has her Ian<;ourously dancing and singing with her stooee to the underlying T Kiss Your Hand. Madame.' prin- cipally sung bv her leading man in a passable baritone. She then brings all six boys out front again and they do a song and dance-routine called 'Slow Motion.' It brings okay bow-off applause. Miss West's booking here is as a special attraction. House reverts to duals Friday (24). • 15 YEARS AGO. (From Vahiety; English labor permits limited for foreign players reported to be a re- prisal particularly against American performers, since London plays were encountering increasing difficulty in being cast because English players were in America. GiHiig, Geu^, Gone Detroit, March 21. Remnants of the Downtown Ca- sino, Detroit's first theatre-restau- rant into . which backers pouied about $28,000 during the few weeks it was open, brought only $4,000 last week at auction. Spot had once been an RKO film showcase. Harry Barrls and Loyce White- man follow Art Tatum into the Somerset House, L. A. TheJHEATRE of the STARS BOOKING AGENCY GENERAL CXCCVTfVE OFFICES LOEW BLDG. ANNEX T60 WEST 46^ ST. NEW YORK Paris hosting an international vaudeville conference. England, France, Italy and Belgium" were rep- resented. King Victor Emmanuel bestowed upon D'Annunzif the title of Prince of Montenevoso. Tex Rickard was the first big fight promoter to ban a radio account of a fight He refused to sanction the broadcast of the Paul Berlenbach- Jack Delaney contest at Madison Square Garden because of its pos- sible effect on the b.o. O. P, Heggie, Kenneth MacKenna and Helen Hayes headed the legit 'We Modems,' which clidced in its New York opening. Fred Waring's Pennsylvanians were held over at the Stanley thea- tre, Pittsburgh, the biggest musical hit in the history of the theatre. comer in the title role of 'The Roosier Schoolmaster.' Eddie Leonard and Jack Osterman held up the bill at the palace. Other- wise, it was just another card. City officials were permitting Sun- day shows in Buffalo in defiance of the Ku Klux Klan, which sought to prohibit them. Organization of independently- booked theatres planned to erase abuses practiced by some indie thea- tre-owners and bookers. "The Bat' closed in Washington after chalking up a $1,800,000 profit during. the five years it had played. ADOPTS AM SHOWS Schenley, Pitt, 2d WB Nabe Honse to Go in (or Simon-Pnres J. H. LU B I N OENEIAl MANAOEI SIDNEY H. PIERMONT • OOKIN» MANAGEt Pittsburgh, March 21, Another WB nabe house, the Scheiiley, Is going in for amateur shows once we^y, but talent in this case wiU be Confined to college students. Sdtenley's in the heart of the educational center, and plan is to confine contestants to under- graduates of Pitt, Carnegie Tech and Duquesne University. First will be staged tonight (Tues.), with Milt Golden's Pitt dance band providing the music from the stage. If it clicks^ stimt will be repeated each Tuesday, with intercollegiate finals listed for end of school season. The comeon Is the cash prize. Enright, another WB nabe, recent- ly resumed am night, but field's open here. Night Qub Reviews GLASS HAT, N. Y. (BELMONT PLAZA HOTEL) Bmie HoUt orch (12), Adrian Roltini Trio, Three Smoothies, Bert 5hau>, Jane Clair. The popular-priced Glass Hat, a fave spot east of Park avenue for old and young alike, is giving its cus- tomers a neat show currently. Ernie Hoist's orchestra (10), with the leader and Bert Shaw providing the vocals, is excellent on the dansapa- tfon, and the supporting acts offer par entertainment. Popularity of the Glass Hat stir- prisingly brings about quite a han- dicap for the acts to overcome. Room is on the hotel's ground floor and, because of a low ceUing, is quite noisy when crowded. Same situation causes both the band and singers to sound too forte at times. Show's standouts- are the now standard Adriai. Rollini Trio, one of the top musical swing combinations arouno, and the Three Smoothies (two boys and a girl), who dispense nice rhythm harmony. Both com- binations ' had difficulty getting off the . night caught Tlie RoUini Trio is also strong for custoiher-terpine in between band sessions. On the other hand, Shaw, .who is with the band,- and Jane Clair are only fair vocal- ists. Hoist who doesn't do much singing, rates higher in that line than his specialist -ET. _ -tr 11 1 1 J Band was at the El Morocco for Henry Hull looked like a picture, ^veral seasons and is now maWng .„ ♦.ti« «v# g prominence via two NBC outlets weekly. It plays a show well and fact that the dance floor is al- ways -crowded attests to the orches- tra's danceability. Scho. ARABIAN NIGHTS, N.Y. Tommy Mills, Albenice, Cypsy Romaje, Roberta Jonay, Serge Abag- off, Arthur Ravel orch, Arabian Nights GirlSi Sluts for Repairs Shubert theatre, Newark, N. J,, shutters for two weeks after the last show tomorrow ni^t (Thursday). House will undergo a' refurnishing to some extoit, but is shattering main- ly to allow the installation of a new lighting switchboard. House reopens April 7 with Chick Webb and EUa Fitzgoald. On the site of the former Yumuri, Cuban bistro, a group of backers (whose names are not mentioned) have reconditioned a downstairs room and installed Joe Zelli to run it He will have a disappointing job on his hands if he doesn't get a bet- ter show. - Zelli, back from Paris, is a name well known to New York cafe dwell- ers. His erstwhile exploits' on this side^ provoking glamour around, the foreign niiery impresario,' Included ZelU's, the Royal Box and Dawn Patrol. Cuisine at this new place is Arabic or Near Eastern, and the former luckless Yumuri headquarters has been entirely and effectively redwie, with art work on the waus some- what in the Parisian manner. Waiters, cigarette girls, flower ven- dors and others are in costumes ap- propriate to the environment, but the show is neither flesh nor fowl. The Arthur Ravel band plays music which ranges from sweet swing to rousing rhumbas, the m.c. (Tommy Mills) is true to type and, of all things, there's a Russian knife dancer. Serge Abagofl, on the show. Opening session a ytreek back, staged ' by Don Mario and with a book by him, included a story back- ground to bring out something Ara- bian or near to It, with music and numbers to flt Since then Mario has retired from the show with a band which he brought in, and the show he put on except for slight re- tentions, also took a back door out Mario doubled from the Firenze, where he remains. Harlan Dixon is the new stager and Mills on Saturday night (18) succeeded Lou Dalgoft as m.c. Other acts remain, however, and the Ara- bian Nights Girls, declared to be ballet-trained, have added hotcha hoofing to the routines that are in (Continued on page 55) Bad Pitt Biz Exits Name Band Policy for Nitery Pittsburgh, March 21. . Harlem Casino's plan to drop big shows for colored name bands died aborning here last week when the bottom fell out of biz there and all over the local nitery belt Sepia the- atre-cafe had tentatively booked McKlnney's Cotton Pickers for next week, with Fletcher Henderson, Earl Hlnes, Erskine Hawkins and Chick Webb set to follow, but called whole thing off when trade got worse than usual, • In addition, Sherdina Walker's or- chestra contract still has a few months to riin, and understanding is that she would be booked in local theatres for ■ the . unexpired term. Agents, however, found tri-state film house bookinga in the dumps, too, thus nullifying -that plan. Arthur Kkin Bankmpt Los Angeles, March 21. Arthur Klein, former New York agent and now manager of the Tele- 'View theatre, Hollywood's only newsreel house, filed a petition in bankruptcy in Federal court. Liabilities of $10,439.25 are listed against assets of $2,700. F&M Sets Pearce St Louis, March 21. Al Pearce and his Gang -have been booked for one week at Fanchon & Marco's S,000-seater Fox, starting April 2. The engagement is in line with plans to present an occasional stage show at the Fox during April and -May. . No other acts have been inked. BENEFITS STILL 00 ON Philadelphia, March 21. Complaints by nitery acts that they are being called on to play more benefits ttian ever are being regis- tered at the American Federation of Actors headquarters here. This is despite claims by Tom Kelly, AFA local chief, that the chiz has been materially feduced as a result of a clampdown several months ago. lENE FLORIAN DresMd bj SIDNEY FISHER 7B/77 Shaftesbury Avenua PICCADILLY. LONDON. ENA Bat Coffee in England QUALITY INN Leicester Squara LONDON, WEST-END HOPE EDDIE MINOR and ROOT HOLLYWOOD BEACH HOTEL, RA. FOR TWO WEEKS THE THREE BO BRUMMELS WIN FEBRUARY PLACE FEBRUARY 27th SHOW MARCH 20th THREE QUICK ONES IN A HOW AT THE LONDON COLISEUM OPENING SECOND SEASON— BARNES & CARRUTHERS FAIRS JULY 3RD P^rsonat Representativ«*^IKTON PICKMAN of ROCKWELL-O'KEEFE Gj^NERAL AMUSEMENT CORF. Wednesday, Mareli 22, 1939 ▼AUDE^NIGHT CLUBS VARIETY 51 Teamsters Union Returns to Activity With Increased Use of Stage Bands comparatively Inactive since vaudeville climbed aboard Its to- ^ggan, the International Brother- hood of Teamsters and Chauffeurs has been giving more attention late- ly to theatre-l^ooked bands, Where a {airly large Income was oncfe de- rived from transporting baggage of vaude turns from depots to theatres, ai,d vice versa that has dwindled proportionately with the vaude de- cline. While ever-widenmg use of name bands as stage fare has. In a meas- ure, brought back considerable flesh acttvl^, the hitch, as far as the IBTC Is concerned, Is the mode of travel used by the crews. In almost every Instance the bands travel t>y bus or private car and carry their Instruments in Ught trucks. Teamsters are stepping Into this olcture more of late, demanding to be designated as official loaders of these vehicles. So far New York local 817 of the IBTC has acted in comparatively few cases. Those few were with the approval and coopera- tion of the N. Y. Local 802 of the American Federation of Musicians, which has acted ais intermediary where salaries were concerned ' Reps of the- IBTC stopped stage- hands of the Paramount theatre. New York, £rom aiding Bob Crosby's orchestra to leave the house after Its date there several weeks ago. An early ' Instance of IBTC action was at one of the first dates played by the Gene.Krupa band at a Brooklyn Armory last spring. There the band was picketed as being imfalr. This was glossed over by the payment of |38 to the musician's union, which in turn passed it on to IBTC. IBTC has no argument with in- dividual movements of musicians and Instruments in taxis, etc., restricting Its demands to mass shifts. Truckers and teamsters are also active at the New York World Fair, along with the stagehands linlon. They have been stopping trucks de- livering material to Fair concessions which are in the show class. NEW PLAN MAY CDTPA.NITER1ES Fanchpn-MfU'co Set To Stage Ice Follies' Sam Shayon, of Fanchon & Marco, last week ' set a deal with Oscar Johnson and Roy and Eddie Ship- stad, feature skaters, for F. & M. to stage 'their' 'Ice Follies,' 'which is schieduled to open May 15 at the Dreamland Auditorium, San Fran- cisco. Show will run there until November, when it will go on tour. Miss Fanchon will handle, produc- tion. Evelyn Chandler and Bruce Mapes, blade aces, will be included in the 'Follies' cast Philadelphia, March 21. Plan to graduially slash the num- ber of. liquor licensees In the state by bne-third, through putting new teeth In the control laws here. Is under consideration by a legislative committee. By granting the liquor board more powers to press a vig- orous enforcement campaign, and giving It more latitude in revoking or suspending licenses, it is seen that many drinking places, including niterles, would be eliminated in this way. Unless there is a considerable pickup in biz at least a third may be tapturally . eliminated this summer when license renewal fees of about $700 are due. . Committee is also studying the possibility of obtaining an additional $29,000,000 revenue through liquor - taxes in the next two years, which would also add to the number of spots dropping out of the race. Bev Hills, Ky., Sets Four Name Bands Chicago, March 21. Following current bill with Clyde Lucas' . orchestra, the Beverly Hills Country Club, Newport, Ky., plays Ted liewis' orchestra, which opens AprU 14. Following Lewis consecutively Jul be Abe Lyman, opening May 11; Phil Harris and Eddy Duchin, aU in lor four weeks each. F&M Lme for Chi A Fanchon 8t Marco line of 16 jwls, directed by Gae Foster, goes "Jto HKO's Palace, Chicago, for a »«^eek run starting April 7 or 14. Opening date depends on the book- m of The Castles' (RKO), Astalre- "Jgers starrer, with which the line ^ tee off. 'Castles' is expected to ™n about four weeks. BRANDT SCORES N. Y. PAR BAND TROTECnON' William Brandt yesterday (Tues.) indicated that unless there is a .change of attitude on the part of the Paramount theatre. New York, in exercising 'unfair and undue protec- tion' clauses in ita contracta with name bands which play the house, the Brandt drcnlt will be forced to take drastic steps. Action arises over cancellation of a contract between Larry Clinton's orchestra and the Brandt Bros. Flatbush theatre by Clinton's repre- sentative, Bernard A. Miller. Con- tract called for Clinton to play the Flatbush we^ beginning May 5 at a $5,000 guarantee, against 60% of the gross. MiUer contends he was forced to cancel because of a 50-mile radius 'protection' clause in a con- tract Clinton signed last January, to play the N. Y. Paramount in Sep- tember, 1039. This contract is said to be for a straight $6,000 per week. This "protection' clause prohibita a band from playing within a 50-mile radius of the Paramount at any time up to the time it opens at the house, as well as 30 days thereafter. Brandt alleges Paramount has shown dis- crimination against his house by waiving the protection clause and allowing bands to play the Para- mount, Newark, which Is less than 50 miles from the N. Y. house, less than 30 days after playing the latter. Situation also flared up recently when the Flatbush, which had Hal Kemp booked, agreed to move up its own booking to beyond Kemp's twO- week date at the N. Y. Paramount in order to avoid a close conflict on both engagements. Brandt further alleges that the Strand, N. Y., also playing name bands, does not exercise any undue 'protection' clauses against other Metropolitan theatres, and that the Paramount stand is similar to the Par company's film bookings which have caused the firm to be named with other major companies in the Government anti-trust suit. 1939 Odyssey Chicago, March 21. Senator Miuphy arrived in town last week on what may well be the longest jump in the history of vaude. Muiphy came in from England for a week at the State-Lake here. He's due to leave imme- diately for Los Angeles where he sails for' Australian vaude dates. Dows to Curtail State, Hartford, for Sommer, 2^Day Vaade Snbstitnting In line with a summer retrench- ment policy, the State, Hartford, folds ita full-week stage shows at the end of May for straight films, according to tentative plans of Al & Belle Dow, bookers, who have an operating inter^ in the house. The Dows, however, are consid- ering bringing in weekend vaude bookings during the slack season, with the possibility of Saturday end Simday dates. House has been operating on a name band policy — ^Artle Shaw Is current— and has tentatively set Fred Waring, Guy Lombardo, Shep Fields, Sammy Kaye, Glen Gray, Wayne King and Larry Clinton for dates to run through 1/[tty. Prov. Vander Folds' Providence, March 21. The Playhouse, in-and-out vaud' filmer, quit stage shows last' week because of poor biz. The theatre adapted vaude last September when the hurricane forced closing of Fay's, which pre- viously had been the city's only vauder. BAD BIZ, UNION DISPUTE SHUTMARGUERY,PHILLY Philadelphia, March 21. Cafe Marquery In the Hotel Adel' phia, once Philadelphia's most popu lar cafe, shuttered last week as the result of bad biz and a labor dispute. Howard Hohl, the manager, indi' cated that it will probably not be reopened untU fall, if at all. It's the first time since repeal that the Adel phia has been without, a nitery. Hohl blamed the Cooks, Walters and Bartenders union for part of his difficulties, since, he said, they wanted him to put on more men in the kitehen department Barstow's Double Play Palmer House, Chicago, brings in ita first outside dance director April e when Dick Barstow comes In to aid Muriel Abbott stage a new show, He will also do his standard vaude turn with his sister Edith. Pair are in for eight weeks. United Detroit Extends Nabe Vande After SJR.O. Try; Sets Rotating Unit Marden's Riviera Already Setting Talent for Opener Talent is already being set for Ben Marden's Riviera, on the Jersey side of the George Washington bridge, though ^le reopening date of the roadhouse won't be until May 4, at the earliest . Chester Hale will pro- duce the first show. Acta set thus far include Joe K Lewis, Ray and Naldi, Frazee Sis- ters, all set by the William Morris office, including Emory Deutach's orchestra, which will play the open- ing layout INDPLS. NITERY RAIDED AT OPENING Indianapolis, Slarch 21. Tba Plantation, after spending heavily to plug opehhig, shut the doors the same night, Sunday (12), when police closed the place on gambling charges. In one room new equipment valued at $18,000 was confiscated. In addition to - about $2,200 in cash, which was taken from the tables. About 100 persons were in the club at the time of the raid, conducted by 14 state policemen. Club was closed previously about a year ago on gambling charges. Fear New Mieb. Gov. Detroit March 21, Added to local niterles' woes, fos- tered by Lent and public apathy, is ascension to the governor's chair last week of Lieut Gov. Luren D, Dickinson, 80, long-time dry, who succeeded the late Gov. Frank Fitz gerald. New governor' is likewise strict foe of gambling and Is expect- ed to finish state cleanup only re^ cen^ begun by Fitzgerald. There Is some ray of hope for nitery operators in the. fact that Dickinson may relinquish governor' ship soon because of ill health, and is certain to turn down another term due to his age. Chic Yorke Better Chic Yorke (and King) is recuper ating from pneumonia in Hot Springs, Ark. He was- taken off the traiii there a couple of weeks ago while en route to Texas. Tale of Arcadia Or the Story of the Philly Cafe That Was Nearly Leased by a Glib Gentleman HELLER'S BAND PLANS OUT FOR LEGIT DEBUT Pittaburgh, March 21. With deal closed for him to appear In Lew Brown's musical, "Yokel Boy Makes Good,' Jackie HeUer has temporarily dropped plans to or- ganize a band. Heller recenOy dis- banded orchestra he had for sev- eral months at Benny the Bum's, Philadelphia, and Music Corp. of America expected to build a swing outfit around him upon return of the singer from Bermuda vacation last •Yokel' will mark Heller's debut in a Broadway show. He's appeared previously only in vaude, niteries and on radio. FOLLOWS TfiE VOGUE Philadelphia, March 21. Nitery bug among the upper crust has spread from debbies to the male portion of the same set Latest of the bluebloods to join the troupers is Jack Marston, of Balti- more, who opens, at El Chico here on Thursday (23) as m.c. and warbler. Detroit, March 21. Success of' initial re-entry into vaude last week at Ita 1,800-seat Annex nabe has prompted United Detroit theatres (Par) to - extend flesh setup to include also the Ramona and Regent All three are major UD nabes. One-night test at. Annex last week drew sellout crowd at SOc top. . . UD's Broadway-Capitol, former downtown vaudfllmer which has been on second-run duals for a long spell, has also been Included in the split-week flesh lineup, and will get initial test with a Major Bowes unit after Easter. The Capitol's future policy will be determined by success of the Bowes engagement present setup for ;the Annex, Ramona and Regent will Include building of a unit by Abe Schiller, UD's booker, to play three spota once a week. Will consist of five or six standard acts, plus a seven-piece band. May Beopen Hpls. House Minneapolis, March 21. The Minneapolis Theatre Co., ow^i- ers of the 4,200-seat $2,000,000 Minne- sota theatre here, abandoned by the. Paramoimt circuit is considering re- opening the big deluxe house ItaeU, with Gordon Greene, present Palace theatre manager, as managing direc- tor.. Proposed policy calls for inde- .pendent films plus pop price vaude- ville at a 25c scale. Greene managed the Minnesota when it first opened and for some time thereafter. Illness requiring him to relinquish the position. An inves- . tigatlon now is being made to deter- mine if sufficient screen product would be available. The theatre has been dark for more than six months. The Para- mount lease expired Jan. 31, The- atre was a heavily losing proposition for the past three years, or more. BKO's Flashing, Tr; Planning special lowrbudget trial shows, RKO In New York yesterday (Tuesday) inaugurated a policy of stage shows two days weekly at the Flushing, and on Friday . (24) Is starting colored amateur shows -at the Regent At the 58th St., Frank C. HaU, as- trolpgist is current, \rhile last night XTuesday) the Joe Jordan Harlem Syncopators played the Tilyou, Coney Island. Philadelphta, March '21. Fantastic tale of how a complete stranger wrecked negotiations that would have had the shuttered Ar- cadia-International restaurant re- opened by this time was revealed here this week. Arthur H. Padula, prez of the nitery, who was set to unveil it again, has washed his hands of it now. as a result of the queer trick. Almost unbelievable story began last Jan. 21, when the spot closed. Principal creditor was the landlord, Albert M. Greenfield, agent for the Widener Estate, which owns the building. Greenfield agreed to re- opening of the Arcadia if Padula could raise $5,000, obtain the agree- ment of the federal, state and city governments, which were owed taxes; obtain the agreement of the service unions, whose members were owed back pay, and obtain the sanc- tion of the 63 principal creditors. Padula secured the agreementa necessary and the money in four weeks. Greenfield, in turn, was to reduce the rental from $60,000 a year to $30,000, plus 6% of the gross. But during this period Philip H. Doerle, Jr., came into the picture. Unknown to Padula, he offered to rent the Arcadia from Greenfield at the old price. Greenfield is said to have agreed. Then he ordered sup- plies. Finally, Doerle went to WIP. where he said he had hired Richard. Himber's band for the opening and a Benny Davis revue, and said he wanted to make arrangenienta for a wire, the story goes. To everyone he told the same tale, that he represented Nicky Johnson, wealthy Atlantic City political lead- er; Phil Barr, operator of the 500 Club, Atlantic City, and George Griffin, another Atlantic City figure. He said he had just deposited two certified checks, to insure the open- ing. Then he made an error. He cashed a $30 check in a department store, and It bounced. Store officials notified detectives, who knew Doerle well. He had only recently been released from prison on a bad check charge. They nabbed him when he went back to WIP to make final arrangementa for' the wire. Meantime, Padula went back to Greenfield with his completed agree- menta. Greenfield said he wasn't in- terested as someone else had offered to pay $60,000 for the place. Neither knew until several days later about Doerle. He is presently In the county prison awaiting grand jury action. New Baven Sunday 'Vande New Haven, March 21. - . Town will take a flyer on Sunday vaude when promoter Nate PodoloS, of the Arena, brings Paul Whiteman In for matinee and evening perform- ances Sunday, April 2. In addition to 'Whiteman's standard show, there will be eight acta of vaude, plus Paul Tremalne's band. Glen Gray's Casa Loma orchestra booked for April 16, with subsequent shows dependent on reception given these two. ; ' . Previously Sunday vaude at the Arena was mulled by local stage- hands union in a tieup with Podoloff, but negotiations fell through and union is' not in present setup. GOODMAN TOPPED IN Pnr BY SHAW Pittaburgh, March 21. Latest b.o. clash of Benny Good- man and Artie , Shaw resulted in slight edge tor latter here as result of their consecutive appearances at the Stanley, 'WB deluxer. Shaw, playing here week before last grossed around $24,000, with Good- man last week winding up just a bit better than $22,000. Those figures are for six days Inasmuch as there's no flesh here on Sundays. Goodman backers claim that Shaw had the better b.o. picture In Taris Honeymoon' (Par). They say that on his Sunday, 'Paris,' playing alone, outgrossed 'Fast and Loose' (M-G), which was Goodman's support, by practically 20%, Ohio Cafe Beopena Newark, C, March 21. ^Mayfair Room of the Lake Breeze hotel, at nearby Buckeye Lake, has reopened for the season. Floor shows, changed weekly, will be the policy. 52 VARIETY VAmETY HOPSE MFWEWS Wednesday, Mareh 22, 1939 MUSIC HALL, N. Y. Symphony orchestra, Emo Rapee, Mischu Violin, Fronte Nowicki, con- ductors, Violo Philo, GeoTge Meyer, Allen Stanley, Dale Vemer, Robert I/indrum, Clorice GoWner, Ballet Sestet, (Lida AncMtina, Ivan Trie- sault, William Dollar, Louise For- Twca. Nicholas Daks, Marie Gri- nialdi), Corp De Ballet, Rockettes; 'Love Affair" (RKO); reviewed in VAniETV Morch 15. Fairybook fantasy motivates the. main production number in this week's stage event It's lal>eled Three Glass Hearts' and combines briUiant stage and costume Investi- ture, with choice choreography. The fable's recital spotlights the individual talents of a mixed sextet of ballet artists and brings on the house line for the usual optical treat in grace and movement. Florence Rogge, ballet director, has not only snatched this show's honors but she's raised the level of imagery and technlQue that much higher for. herself ana the troupe. Outside of the ballet innhig the backstage impresarios haven't much to crow about The opening Item is monopolized by Viola Fhilo's soothing soprano. She does the 'Jewel Song? Following the ballet number the presentation returns to words and melody, this time using the services of the choral ensemble. They're, all in blackface and the reason is a special bit of material, 'Jonah and the Whale,' cooked up by Arthur Schwartz and Albert Stillman. George Meyer and Allen Stanley are the cheerleaders of this vernacularized epic from the Bible, and for the fadeout the travelers part to reveal Jonah comporting himself comfortably in the living , room, which the scenic artist has set up in the interior of his papier mache whale. Dale Vemer, the magician, takes over next wiUi a routine that In- volves handkerchiefs, eggs, paper, sand and aluminum rings. From the rear of the house Itlooks con- sistently unexciting. Before the Rockettes are allowed to shine in that one and only brand of precision pedal rhythm, the customers have to listen to something in rhyme and notes tagged "Bhy&m Talk.' Rob ert Landrum, abetted by Clarice Goldner, tries hard to make the verses sound interesting but it all shapes as just a lead-on for the girls' dance. Biz good opening night (Thurs.)'. Odec. mimics a femme chirper with a swing band. Tosses a bunch of tunes toge&er in a falsetto and style, that s in this groove. It's nitty satire. Paul Remos and his pair of midg- ets are the heaviest scorers in the layout Little fellows, dressed as kids In short pants and socks, are irresistible in their attraction. Brought on in suitcases, they open with a swell tap routine and then go iiito aero bends while balanced on Remos's palm. Most of it is the same stuff they've been doing for some time, only addition, and. a pip, be- ing one of the tykes balancing via a stick held in his teeth on a stick in Remos's mouth. Finale with the midgets atop .a pole on Remos's shoul- der, one playing chimes and the other swinging a lariat Very strong. Routining is weakest spot in the act there being several rauier long stage waits, which could easily be filled with one of the midgets doing a spe- cial^. Shaggers more or less standard, although particularly long on looks, both boys and gals. Plenty of s.a. lent by togging femmes in sweaters. Herb. . ADELPHL LONDON London, March 14. Beotrice Applevard A George Cerhardt, Low & Webster, Nicol & Martin, Mills Broty^s (5). Claude Dompier & BilHe CorlyJe, Four Or- tons, Levonda, SCanlev Uowtyoa-a, Calgary Brothers (2>, Cecil Lvie Co. HIPP, BALTO BaltimoTe, March 19. Fredysons (7), Edword Roecfcer, Paul Svdell & Spotty, Ray Mayer & Edith Evans, The Dolinoffs & Raya Sisters (WLove Affair (RKO). FOX, PHILLY Philadelphia, March 17. Hal Kemp orch (14), Judy Starr, Bob Alien, Soxte Dotoell, Micfcev Bloom, JacTc Le. Maire & Eddie Kusby, Paul Remos & His Midgets, Shaggers <4), Adolph Komspan house baTuL' 'Tou Can't Cheat an Honest Mari (U). With the new vaudfllm policy now In its fourth week here, and with what is figured °to be strong b.o. draw on the screen,. Fox this sesh has let up somewhat on the quantity of flesh hypo for Its marquee. - Only- two acts have been added to the Hal Kemp troupe, Paul Remos . and hid midgets and a crew of four shaggers. Both are strong, but almost mean- ingless in lights. Lack of Hollywood or other name attraction,- however, has no bearing on the quali^ of en- tertainment this turn, because the show hums nicely most of the way. Biz was overflowing when caught at last show Friday, With a crew of 13 under his baton, Kemp tees off with 'I Go for That 'You're a Sweet Little Headache' and 'Jeepers.' Band for the most part sticks to a rather honiyish idiom, only very occasionaUv turning to ' real swing. While the sweet may be better for prolonfed listening or a cocktailery, it distmctly doesn't have the punch that the wild jive crews get out of music- for a short stage sesh. Kemp wisely compensates for this, in part, by maintaining a visual as well as oral show all the way. Various members of the troupe are experts at clowning and there's something besides musi'; going on all the time. Keinp himself, of course, m.c.'s and does an excellent job. He's pleasant and. humorous, and doesn't take himself too. seriously. Fea- tured vocalizing with the band - is taken care of by Judy Starr and Bob Allen. Allen ezhibs a nice set of pipes in a deep-voiced brand of crooning and clicks soldidly with 'Get Out of Town,' 'I Have Eyes' and 'Date with an AngeL' Mi^ Starr, billed over Allen, With a lesser voice and a sigularly peculiar style of phrasing, is harder to digest' Does 'Heart Belongs to Daddy,' 'I Cried for You,' 'Had It Coming to You' and 'Hold Tight.* Nice looker, she meshes only mildly and gets off easily. Comic angles In the Kemp out- fit are handled by Saxie Dowell, Mickey Bloom and Jack LeMaire. Dowell does his standard Ten Little Bottles' and then adds a new nifty In a brand of double-talk that he calls 'Fish.' Gets the audience doing .It for a couple of choruses. Mickey Bloom provides a swell novelty turn oh a toy trumpet, while Jack Le- . Maire has difficulty in getting away after he drops his guitar, -wraps a kerchjet.' '.around his noggin and Nice playing layout here, a bit heavy on the nght end, but effective nevertheless, wealth of novelty and versatility makes up for lack of ac- tual sock and supplies an ideal sup- plement to film, 'Love Affair.' Ray Mayer, making a -vaude comeback after a stretch in pix, supplies some name value and a needed comedy Ult Strong opening by The Fredysons, Continental teeter board septette, who do all' the standard "balancing and tumbling stuff in addition to their effective catches by way of the see-saw. Closing trick of a somer- sault to a four-high, a real sock, and a bow-getting finish. . Make swell spot for Edward Roecker, legit smger, in the deuce. Of sure stage presence and possessed of a knowing pair of pipes, he does 'Rosalie,' 'Did Your Mother Come From Ireland,' the Inevitable, 'Ol' Man River,' and for an encore, 'Sweethearts.' With a better selection of numbers, this nice appearing lad should be able to. hit the bigger brackets, and presents possibilities for musical comedy or films. Paul Sydell, unusually spotted In the trey, more than holds his own with his clever handling of his canine partner. Rings the bell in resounding style. Is followed by Ray Mayer, in ten gallon headpiece and down home get-up, wanging a minia- ture piano for -^pical vocal and session of gags in which he intros his partner, Edith Evans, ragtime singer of a style reminiscent of former days of vaude. Combine in vocal. Thank the Man Upstairs,' announced as an ori|inal by Mayer, and - timely in lyric content. Mayer has an easy style and knows his way about, scor- ing easily and effectively for a beg- off. The Dolinoffs and. Raya Sisters close. A dance flash nicely costumed and skillfully tricked with a closing illusion, three femmes and male partner combine some okay hock and aero stuff effectively. Fmishing routine, in front of black curtain banked by two brilllantiy lit ques- tion marks in which girls disappear into the background and then go into seemingly impossible feats of levita- tion, a strong novelty and a nice windup for the entire doings. ' Biz okay. Burm. This show is practically devoid of the femme element and has too big a sprinkling of dumb talent. House is also getting bad Monday nights (with the management claiming biz picks up during the week), which makes it very tough for the acts. Appleyard and (^rhardt two ball- roomers, have .one of those conti- nental valse acrobatique things, last- ing three minutes, with male giving out a prop grin. Following them are Low nnr'. Webster, name suggesting two prominent Idcial cartoonisU, with line of gab which is anybody's. Nicol and Marthi are a couple of Scottish comics on unicycles, best offering bein>! as stews. Mills Brothers, now numbering five, with the back one just strum- ming the guitar, isock wil'i 'Dinah,' 'Sixfy Seconds Got Together,' 'Mul- berry Bush,' with much better ar- rangement than hitherto sung around here, and 'Lambeth Walk.' also novel as rendered by this quartet For an encore, boys give out with 'Just a Kid Named Joe,' and their themer, 'Tiger Rag.' Claude Dampier is an Australian who has been around for years, only coming into his o-wn in the last few years through radio work. - Essays Slaying the piano as accompanist to is femme jfoil, BiUie C^lyle. His grimacing is much ahead of his ma- terial. Audience liked him. Four Ortons, here the opening wee!:, four weeks ago, when they were barely noticed, fare much bet- ter this trip in straight vaudeville. Second half has Levanda, conti- nental foot juggler, opening, followed by Stanley Holloway, also now a radio name, but starred before that Holloway specializes in Lancashire, and Cockney dialect songs, a sort of male Grade Fields. He is also the creator of the Sam Small characters. Calgary Brothers have been iii the business for 20 years, but this is their first date for General Theatres. Boys deport themselves well -with their comedy aero burlesques, Rus- sian dancing, and general hoke stuff, Looks like GTC will accept them into its told. Closhig is Cecil Lyle -with some smart legerdemain, ranging from the disappearing woman in cabinet to the cutting of a rooc by members of the audience, and then joining it together igain. It has all been done before, but always interests. Rege. the show's opener atter the bands theme. Following her is Terry Allan, band vocalist He has a nice voice, but too much dramatics. His eyes are closed half the time; in the other half -his gestures are almost hypnotic. Lorraine and Rognan have been coming along for the past several months. They are a finished comedy team now, the temme's eccenmc body contortions being good for continuous laughs. Male partner is a perfect feed and ah okay dancer on lis own. Their closing burlesqued 'Blue Danube Waltz' is a wow piece of taugh business. Cross and Dunn, with their stand- ard character songs, and Mildred Bailey, gargantuan swing vocalist with a radio-disk rep, follow in that order and are successive scorers. The shagsters finale. . Despite the lateness of the hour of the last show, the house was pretty well filled. At a 40c admish, the business was deserved, the show being a bargain at that price. The picture, British-made 'Edge of the VoWd,' can't be given much credit for b.o. pull. Arthur Fisher Is booking this house. If the Brandts keep the elas- tic off their bankroll Fuher may have a winner again. Scho. EMBASSY, N. Y. The death of a nation occupies the spotlight here this week, tiiougb there's nothing new in the way of action shots to describe the present Czech situation. Distance doesn't permit more timely reels on the present setup, but the narration is timely, and the use of stock shots, taken last tall at the first crisis, enable the newsreels to maintain in- terest. Universal liandles the most footage on the Czech situation, while Metro and Par follow in that order. Along with Movietone and Fathe, they all go into the entire Central and West- ern European tempest to form a. graphic picture. I%the . shows France preparing against the possible invasion of Ger- many with the building of trenches. Par reels England building bomb- proof shelters. There are other simi- lar clips, detailing the preparedness note that's the signal of all Europe today. Rest of the bill Is diversified and interesting. Sports has a big quota, with baseball in the major league training camps topping the card (Pathe). Joe Louis ranching on the 'Coast is a poor interview XPar). He sports a dead pan, says a few words that are negligible and pops off a six-shooter tor indefinable reasons. The significance of the ascension to the Pontifical throne of Cardinal Paccelt is explained by Bishop Dono- hue of New York, who suggests that the new Pope will relentiessly fight for world peace. The Bishop's talk Immediately follows the coronation: of the Pope in the Vatican, The lat- ter is reeled unimpressively -as the camera was -at too great a distafice.> FLATBUSH, B'KLYN Red Horvofs orch (15), Dale Win fhrop, Lo^aine & Roffnan, Terrj/ Allan, Cross & Dunn, Mildred Bailey, Shag Dancers (6); 'The Edge of the World' (British). The Brandts, after a couple of years of announcements, have finally come through with a -vaudeville pol- icy in one of their Greater New York theatres. Ifs to their credit that their initial stage layout at this once ace Brooklyn vaude spot shows an expensive investiture of talent and scenery. Continuation of the same type of talent in the future may mean the first really successful vaudeville revival in these parts. All the others have failed because the followup shows suddenly showed a pitch in the pocketbook. The Flatbush was originally built by Keith's as a straight-vaude house in 1013. Loew's had the house for a while, then B! S. Moss and finally the Brandts under whom it has been operated as a grind picture spot In- stitution of the vaude nolicy shows a dearth of picture product more than anything else. Yet being the only full- week stage show house in Brook- lyn now, the Flatbush may be able to get by regardless of the type of films, if the vaudeville is kept on ^ high level. The initial show is ex- cellent Red Norvo's .band, plus Mildred Bailey (Mrs. Norvo), and Cross and Dunn, provide an excellent enter- tainment and marquee backbone for any vaudeville theatre.. They are aided by Lorraine and Rognan, fine mixed comedy pair. Dale Winthrop, a good rhythm dancer, and an even- ly mixed sextet of shag dancers- Novelty of the latter has worn off by now and, closing the show, they arc its only weakness. Norvo's aggregation is excellent in swing arrangements, ,the maestro standing out at the vibraharp, but falling down on the introductions. If he hasn't got .marbles in- Ms mouth, he at least sounds like it, Also, at the last show Friday (17), his aggregation tailed to play the 'Blue Danube' music correctly for Lorraine and Rognan. The band was still tooting after the team! had fin- ished their dance and taken the first bow. Perhaps the musicians were tiredi the last show that night not going on until 11:30, which is why Saranac was bom. Opening day's sked evidently had been mixed up the f our-shows-a-day policy not war- ranting such a late siar^ Dale Winthrop's session of two rhythmic .tap xoutines, both .good, ' Paris, March 14. Jacqueline Figus, Quatuor Mtdo Robert Jlocca,. Carmen Romero, Re- mne Se Shanley, Treki, 4 Kfiaddocles teine Paulet, Jean Ramo & Rossot^ ti, Rita Georg, Gaudsmith Brothers. Jean Sablon, Eight Lucky Chinese Girls. STANLEY, PITT Pittsburgh, March 17, Al Donahue orch (12), Paula Kelly, Ethel Shutta. Harry Savoy. Les Chezzis (2); 'Oklahoma Kid' (WB). Swing deluge supplied by Artie Shaw and Benny Goodman during the past fortnight gives way this week to something a bit more peace- ful in AI Donahue's music. Dona-i hue has a sleek-sounding outfit al- though its entertainment appeal is limited tor the stage in present form. For the ballrooms, plenty okay, hut deluxers require additional novelr ties and a visual addenda Donahue doesn't- have right now. Bookings didn't help him any either, tor in ad- dition to his own vocalist Paula Kelly, Ethel Shutta's also on hand and Harry Savoy likewise has an un- billed femme partner who warbles, making things too tip-heavy on the tonsil end. Whole layout adds up to just an average show. Opening performance Friday was an endurance test with everybody apparently trying tO'hang up records, and presentation ran al- most 90 minutes. Practically half an hour was subsequenUy trimmed, and unit was running considerably smoother at supper time. Cutaway medley includes 'Can't Be Love,' 'Blame It On My Last Affair,' with' Donahue warbling a chorus, and 'Could Be,' ' which leads to Miss Kelly's entrance. Gal, who got her first break here year and a half ago with Dick Stabile's crew, has come a long way. She's got what it takes in looks and voice, and smacks across four numbers with room to spare. Band came in too loud on her 'Hold Tight' and nullified vocal effective- ness, but trombone-trumpet obUgato at opposite mikes on her 'Heart Be- longs to Daddy' was fine. For 'Mul- berry Bush,' drummer steps down tor some comedy biz, and Miss Kelly finishes strong -with 'I Cried for You.' Les Ghezzis follow her and tied up show with' their strong-arm stunting. One of the best two-man acrobatic turns around, boys wowed 'em all the way through and then topped themselves with that old funny-bone encore of theirs, a ahaj routine on the hands. It's a laugl capper, and just the right thing to follow their grinding body flexes. Donahue swings next into another medley, this time theme songs from well-known pix. Gets off ^Perfect Song,' 'Sheik of Araby,' 'Charmaine,' 'Singing in the Rain,' 'Sonny Boy,' 'Carioca,' 'Heigh Ho' and 'Alexan- der's Ragtime Band.' Good idea, but he slows it do-wn -with announce- ments between each number. Could and should talk his pieces over the opening bars. . Ethel Shutta nicked out an okay session for herself but choice of songs could have been better. Also, strangely enough, appeared a bit ner- vous at this viewing. Clicked I>est with 'Love Will Never Hurt You,' a parody on 'Ferdinand the Bull' and her old standby, 'Ozarks Are Gelling Me Home.' That 'Get Out of Town* on the Dewey purge which site -was asked to remove from her repertoire at Versailles in Manhattan isn't so hot, and 'I Get Along Very Well Without You' not the Shutta type. Donahue gets another inning with 'Begin the Beguine' and 'Deep Pur- ple,^ with Miss Kelly coming back for a chorus. Harry Savoy's a push- over next to closing. Customers are ripe for comedy at this point and Savoy shoots it at 'em from both bar- rels. Mopped up. But shrewd edit- ing would have made him twice as effective. Brings on a femme stooge lor a couple of minutes and leaves her on alone to sing 'FD.R. Jones,' which act could also do without Band's at it again at the curtain. Kelly gal Gaelicizing 'A Pretty Girl Milking a Cow,' and cutely, just ahead of fast finish. On the whole, too much show and most of it mild. Dave Broudy*s overture collection of Irisht ballads appropriate -to . St. Patrick's Day, with Par newsi^eel and 'Merrie Melodie' cartoon coming between feature ahd presentation. Cohen. ABC, PARIS Mitty Goldin is stepping back into variety . after running a review tor several months. Show is spotty, but the average is plenty high to keep them coming at the ABC, the townV only music hall spot offering any- thing like class talent Jean- Sablon^ just back from the U. S, tops this bill which, also - car- ries some ofteh-seens and some tepid turns, including four singers, one band, two acrobatic, one dogi and a couple of miscellaneous acts. Opener is Jacqueline Figus, young . dancer specializing in toe taps. Routine car- ries nothing out of the ordinary tor its type, but gal Is a looker, grace- ful enough, and performs some ^lits and hand turns that are good. Could improve by playing more to the audience, but she catches on well nevertheless. Ouatuor Mida, following, is an' Anglo-Saxon-Continental mixture with one guitar, selling a la the Mills Brothers. Rendition of 'Solitude' is close to American artists' arrange- ment which sells probably because of that as it catches best of alL Own arrangement of comedy number lags; and other renditions pull only mild^. Robert Rocca Is young product ol French stage. He sings his own verses comprised of topical gags; which does all the pulling as he has no voice. Some verses complete a tjme of act French never fire oi^ which is the principal raison d'etre. Spanish dancer Carmen Romero - splits two numlsers -with the dance team Regine and Shanley. Single's two numbers show fair examples ni what originates from down below the I^enees, with some good show- manship helping to overcome other shortcomings. Gal is graceful enough but her weakness is lack of diversity. Regine and Shanley show some good form -with woman outshining male end to a marked degree. Their two offerings bring one especially tidy demonstration- of-talent qn the part of the femme in a futuristic Bum<- her. Man shows best on lifta and turns to keep act at good level. Some able flute playing Inter- spersed with gag Imitations and fast talk is what Treki has on the ball. Registers medium -well. Bizarre costume and makeup seem -unneces- sary, while imitations of Hitler and Mussolbil fall flat The Four Krad- docks bring falls, tumbles, balanchig and buildups that please. Comic of act has some good falls and antics for wholesome laughs throughout . whUe other three do buildups. Act moves at rapid pace but is n. i. h. on the appearance side. Reine Paulet Is a. Trench warbler with a good voice to put over typical French songs. She Imows her audi- ence, and all' of five offerings eetch to nice results. Seen on thiB stage before, and well received. The eleven-piece band of Jeaq Ramo and RossetU has been ftlajrlnfl with some success on the Riviera and will probably make the heat of these parts. Offerings are varied enough with some good harmony by trio. But with exception- of one short spot by two trumpets, rhytiim is for the most part lacking in harmony sec- tions. First trumpeter shows best of !itngles while three saxes doubling on fiddles help the tango end of the output Leadership is on the lazy side, and ap'pearance of whole could be - much Improved to show better class. Opening . second half Is another shiger, Rita (Seorg, Viennese, and tu- though her offerings are in French, and she by tar has the best singhig voice on this bill, she somehow cant get the songs over to the returns they deserve. Her artistry is polished and she plays it for all it is worth, but couldn't real^ rouse house on day caught Three well trained dogs carry the Gaudsmith Brothers through to Spod returns. Comedy is okay, with dogs doing more than their p^ on sonie well timed tumbles, bufld-ups, etc. It takes just oup half hour for Jean Sablon to get on and off. With his final numbers being backed by the Ramo and RossOtti band, we audience wouldn't let him go. He croons latest popular French com- Sositions. but catches best on ren- ition of old French song, as orig- inally sung, and then to modern swing time. His is a more polished act since he returned, and he gar- ners plenty. Oddly enough he Is booked, as The King of the Mike In the Countiry where the Mike is King? Some out-of-the-ordinary contor- tions and balancing shown by the Eight Chinese LucI^ Girls. All ap- pear to be under sixteen, and their appeal Is based almost entirely on limbemess and manifold b.uild-ups they can assume singly or in en- semble: Act is rich enough in pre- sentation and catches weU enough for the closer. . .Htij*.' Wednesday, March 22, 1939 VARIETY HOUSE REVIEWS VARIETY 53 CIRCLE, INDPLS. Indianapolis, March 17. Ted LevAs orcK Radio Aces, Gale coifet. Buth Barnes, Donnu White, f^etta lMng, SnowbaU Whittler, BrcS'j«; 'Sudden Money- (Par). As regular as the first spring lobin, Ted Lewis comes Into town once more with a 63-minute bill ihlning under the showmanship of the little man with the battered hat. ^le running thnt Is not actually long, show hits dead spoU near the Jid and coiild stand some pnming ind rescheduling of the acts. Shelton Brooks, who appears next to dosing, should be moved up in tte bill, for his turn la not strong enough to hold down the ace spot He does some oldie gags with Snow- Ijall Whittler. but Improves singing emiedy number, 'Would That Be a Dream,' finishing at piano with his own tunes. 'Pown to Get You in TmI, Honey' and 'Some of These Days.' Radio Aces, heaviest winners In show, should be moved down In the bill from their middle spot; as their comedy antics and trio sing- ing would bolster Interest where needed. They sing special arrange- nients of 'Don't Let Rhythm Go to Your Head,' and finish with a med- ley of Irving Berlin tunes. Gale Sextet, three pairs of mixed dancers, a'dd weight to the bill with flashy ballroom numbers, making two separate- appearances. Ruth Barnes and Danny White appear to- gether In dance numbers in okav soldier routine, and also make split appearances, he doing an eccentric comedy number and Impression of Joe Frisco, and she appearing In ac- robatic single. liOrelta Iiang looks good in high 2-Ick number to Lewis' singing of 'Pretty Thing.' . Lewis basks heavily ui the spot- light, as always, retaining several of his old numbers. Opens with bhihday tune to his licorice stick to ;ood effect, and at various times In jUl does 'Me and My Shadow,' with Whittier, and 'Musical Magical Man,' ■olo. Whittier works in plenty of numbers with Lewis, getting laughs. While band boasts 13 pieces with- •ut the help of Lewis' clarinet, the style is ragtime, not swing. Given • spot of Its own, orch works hard on ^St Louis Blues' and Tiger Rag,' but it's just so much com for the cats. Show is well hung and ex- pertly lighted, and moves swiftly, following the time honored custom «f fading one -act Into another, per- tnnlaUy observed by Lewis. Biz fair at last show Friday (17). Kilev. KEITH'S, BOSTON Boston, March 17. Henny Youngman, Benny Rose & Voxtne Stone, The Five Elgins, Florence & Alvdrex, Peg Leg Bates, Eddie Rosenwdid house orch; 'Dr. Meade (Col) and 'Stor Reporter" (ilf ono). No dull spots in this lineup, and to ■logle out Henny Youngman as ace performer I^ more than an honorable mention, considering his co-perform- ers. However, Youngman not only deals out the fastest and most sus- ' taining line of comedy chatter in his •wn act, but gives a good demonstra- non of how a snappy m.c. can back- pone a whole variety show and hold Ms continuity together. This is Youngman's first date in Boston vaude, and an early return booking would not be amiss. In view of his heavy click with his brand of laugh- getting, Benny Ross and Maxipe Stone get their quota of laughs with their screwy routine, featuring the lazy 1^ which has been around many times. For novelty, the Five Elgins ynam in the opening spot with their ^BBUng juggling turn, featuring hat and. dub tosshig. Show is aUo generous on dancing, Offering two ace acts In contrasting oepartments. Florence & Alvarez Petlorm a modem number and' a bolero, each routhie notable for smoothness, delicacy of execution «nd varyhik moods. Peg Leg Bates is back with a lot or new steps, and it would seem that MS revised act Is even more solid w«a the preceding one. However, •now-stopping haabeen a habit with {"« around here, and this occasion ••no excepUon to the rule. With his Mw steps. Bates brings with him • new vocal Introduction in which ^ g ves himself a big buildup. If he would moderate the expression of JU» opinion about himself and let me danchig do the speaking, the ap- plause would be as hefty and the "ler-impression more appreciative. Fox, STATE, HARTFORD „ HaHford, March 20. fill J* ^iortin, Monn, Dupree & Lee, irit. * Mason, Joe Venuti (11). Don Darcew, Merrit ij*jn«», Soto Kaplan house bond; Mystery of M r. tVon g* (Mono). tJ?i?^ has a strong show this week Stt Martin and Joe Venuti ■uuiBharlng marquee honora. Martin earns himself a niche handily, with the femmes especially all on his side. At the last show caught Sun- day night (19) he sang seven songs. Would have done more than that, only Sunday observance law — 11 p. m. 'dosing— prevented his doing so. Martin has a personality that projects Itself across the boards nicdy. Puts up a nice mike front and sells himself - easily. Has the closing spot, and for the finale he swings out on the clarinet while Venuti fiddles. Vocal also Includes 'P. D. R. Jones,' 'Deep Purple,' 'I Married an Angel,' 'Begin the Be- guine,' 'I Cried for You7 THy Reve- rie,' and Thanks for Everything.' Tee-oll is a. swingy number by the Venuti a«gregation, following an overture by the house band. Maes- tro has on hand . a book of pooular faves. His informal and almost nutty number clicks, though he at times murders the king's English. Emcees the show. Band has one novelty number, a 4akeolI on the 'March of Time' which is effective, although most of the gags are an- cient. Don Darcey, baritone with the band, is. the first specialty. Lad has a nice set of pipes and sells him- self to the hilt with 'Masquerade Is Oyer.' 'Old Man River,' 'Mexicali Rose,' and 'Hold Tight' Gil land Beraie Mason, boy-gal, spotted nexL Couple ofter a dog act, but their jitterbug dance Intro fools the patrons and makes 'em sit up. Pooches are brought out after a few steps. Nothing novel in the canine stunts,' but smallness of the dogs and the line , of patter the boy hands a contrary bull dog bring on the laughs. Act registers. Bandmaster scores decisively when he plays 'Satan's Holiday* across four strings on the fiddle simul- taneously, accompanied by the band, which is on stage all the time. On next are Mann, Dupree and Lee, acrobatic dance team. Act, two boys and a gal, does nicely. Merrit Eeihes (spelling by ear), band's trappist. Is given a solo spot next for some heavy thumping of the hides. Rings the gong and does an encore. Band Is ui the groove with "Blues In B Flat,' a recent recording. Big strong Sunday night Eck, CAPITOL, WASH. Washington, March 19. Five Janslevs, £i0ht Midshipmen, Clem McCarthy , Lew Parker, Rhythm Rockets house line (16); 'Three Musfceteers* (20th). Lew Parker emcees this one. He opens his job with patter about how he just got back from a vacation necessitated by his -having over- worked on the movie quiz. Brings on Five Jansleys for fast risley workout, two hefty under-boys and three small top workers touching everything in the book smoothly and injecting just enough comedy. High- lights are three somersaulting to- gether, double somersault by one as second is rolled imdemeath and somersault to three-high standing. Eight Midshipmen take, over to do 'We Saw the Sea.' Doff middle caps and don straw dips for old-fashioned comedy medley including everything from 'Wabash Moon,' 'Comrades/ 'Bicycles Built for Two* and 'Side- walks of New York' to 'Darktown Strutters' Ball.' Introduction of next number by leader allows others to change Into white-coat tuxes, and finale Is standard college medley, winding up with 'Anchors Aweigh, which brings on line in sailor cus- tome for nautical tap routine. Parker takes it again for two-way chatter with ga! in evening gown who appears with letter of introduc- tion and telephone. Gags cling pretty close to, 'oh, yes, I make up poems, too' and 'that's a nice suit you're wearing' motif, but it's done cleverly and with enough new twists to click solidly. Parker announces Clem McCarthy will follow, paving -way for round-up newsred which builds up NBC sports reporter. McCarthy then ap- pears, jumps into pit to describe bur- lesque 'battle of century,' ■ travelers opening on full stage set with regu- lation ring and overhead lights. Referee and two boxers go through pantomime illustrating McCarthy's description, clever angle being that boxers stay at least six feet apart during McCarthy's description oi their 'terrific' slugging and clinches, and finally stopping altogether to lis- ten to him. Idea goes over fine, au- dience liking McCarthy all the more for being able to kid himself a little. McCarthy takes it again in one to tell story of stuttering jockey. It faUs a litUe fiat but withal he scores well. Parker takes it for his major spe- cialty with dope stooge and gal join- ing him in enacting eternal triangle parody constantly interrupted oy stooges in opposite boxes. Best angle Is Parker's explanation that be has been trying to find a finish for the act for years, whereupon gal offers to sing, Stooge A offers to do magic tricks. Stooge B and C come down from their boxes to play mouth organ and give away $1,000 set of dishes for $1 cash and, as Parker breaks Into whatever he had In mind, everybody starts doing their specialties and curtains shut ■ Biz oke. Crfliff. STATE, N. Y. GeoTfle Hall's orch with Doltv Dawn, Florence Hin Low, Sid To- macfc & Reis Bros., Eddie Peabodv: •Idiot's Delight? (M-G). With a boxofflce powerhouse on the screen, the State Is relaxing a trifle with Its stage show. Bill is about average In entertainmeirt value, but there's no splash name for the marquee. Still, the house was nearly capacity at the last show- ing Thursday (16), so the combinar tion apparently has. sufficient draw. At a disadvantage because of the absence of George Hall, (because of his wife's death) his band turned In a creditable job both on its own numbers and playing the . show Thursday (16) and Friday. Atten- tion-getter (with Henry Busse euest- Ing and hypohig the didos on Thurs- day) is- a sizzling arrangement of 'Bugle Call Rag,' with the drums banging out a vibrant solo session. Hall rejoined the band on Satur- day (18). Subbing for the maestro, Eddie Peabody m.c.'s acceptably and has the next-to-last spot He. bullseyes, as always, with his superlative banjo plunking, dressing It up with bril- liant showmanship. Finale on the show is Dolly Dawn, vocalist with an appealing manner, fair voice and good choice of songs. She's a fixture with Hall's orch. Sid Tomack and the Reis Brothers (New Acts) contribute the familiar zaney threesome stuff in the deuce, show- ing somewhat more vc"satility than most such groups. Opening act is Flor .ce Hin Low, multiple-jointed contortionist Like all such acts. It's kind of pointless, but more than passable of its kind. She's a smart showman. Like Busse, several band leaders guested in front of the stage orch as a kindly gesture to Hall during, his two-day absence from the show. Hobe. NEW ACTS STATE-LAKE, CHI Chicago, March 18. James Evans, Corley & Adair, William EbbSi Colli Sisters, Ben Blue, Senator Murphy, Four Gor- dons: 'Charlie Chan in Honolulu' (20fh). This house - has been consistently well-booked with shows of standard vaudeville talent and the current lineup continues along that policy. All the way from fhigland came Senator Murphy to be the standout item on the rather long show, his comedy oratory proving the wow of the evening and a lesson in well- written, and well-delivered comedy lines. . It is a solid act from start to finish. Due to his long-distance jaunts. Senator Murphy is seen around here only about once a year, but on these annual visits he cleaves through so solidly that his memory lingers with the patrons. He got a reception on his entrance at flie last show Friday (17), and that is a mark of distinction in vaudeville nowadays for strictly a variety en- tertainer. Also up there In the billing Is Ben Blue, who comes back °to vaude- ville with a burlesque bit that has been kicked around for many a year. It's the taxi-dancehall routine, but Blue manages to wring some laughs out of It with a load of mugging. For the windup, he returns to his comedy dance numbers, plus the minuet routine that he did when touring with Burns and Allen a few years ago. Surefire In. the onening spot Is James Evans with his novelty foot- juggling. His . bed sfunt and the cross finish are all great stuff. Evans is standard and usually makes good. Corley and Adair are a neat ball- room pair and come through with some comedy in their international dance burlesaues. With plenty of youthful enthu- siasm and enough hi-de-ho, the three Galli Sisters score with vocal varieties. Have some fine arrange- ments and indicate suitability for any vaude spot Four Gordons are- a standard adagio act with eood stunts. Rather . cas suits her much better. Char. SID TOMACK ft BEIS BBOS. Comedy 17 MIns. State, N. T. . . Sid Tomack has been around for several years as a single, but Is not in the New Act files with the Reis Brothers. Formerly an Impersona- tor, Tomack has a screwball type of comedy turn with his two new pards. Patterned after the Ritz Broa, Tomack and the Reis pair aren't as violent or as funny. Dish out pat- ter, with the customary shoving, slapping, hisults, etc. Most of It is pretty ordinary, but theiir take-off of a ventriloquist with two dummies is original and properly brief, while the burlesque of the old-fashioned vaude trio, sister team and Russian act are acceptable. Act should do for niteries. Hobe. FLORENCE BIN LOW Contortionist Dancing S MIns. State, N. T. Chinese girl ' bends herself In enough dislocations to send a specta- tor out of the thea^e in a wheel- chair. It's one of those acts that arouse proper wonder and awe, but aren't decorative, artistic, entertain- ing, Instmctlve, or particularly pointed. A couple of the Oriental girl's fllp& splits and wriggles are unique, and she has a knack of showmanship. Hobe. and into the pit beating out a rata- plan with his sticks on anything that comes to hand. It's a distinct nov- elty here, but is along lines of Jack Powell's drumstick turn. Roxyettes return in fiowing gowns for a smart routine in waltz time, featuring graceful waving of hands and fade back to sue on Del Rios, two boys and a femme partner. In a dressed up hand-balancing turn. Boys wear dress clothes, Including mess jackets, and girl is clad in red culottes, "mey do some difficult tricks and score. Charles (Slim) Timblhi, billed out front as from a 'Tobacco Road' com- pany, gets plenty of laughs with his blackface sermon, followed by the marriage ceremonial performance with two stooges. Gene Austin, aided by Coco, guitarist and Candy, bull fldler, pleases. The Roxy has a fine p.a. system and it picks up all of Austin's vocal acrobatics. He did at least 10 numbers at this catching, and could be singing yet except that the finale calls for him to remain oh stage while Roxyettes deliver their final routine. This show will remain only five days, since the Roxy, starting Thurs-. day (23), will bring In its new sho'ws on Thursdays instead of Sat- urdays as heretofore. Biz at this viewing, second of two shews Sun- day (10), was capacity, with standees behind '.he ropes. Luce. LYRIC, INDPLS. Indianapolis, March 17. Eddy Duchiii orch, DureUe Alex- ander, Lew Sherwood, Stanley Vforth, Johnnv MacAJee, Ray & Trent Burton Pierce, Top Hatters (2); 'Blackwell's Island' (WB). Eddy Duchln band turns In a 40- minute bill which Is polished and pleasing after overcoming th6 handi- cap of a ilow Bt%rt., Cr«w'.s,com posed of two pianos, two trombones two trumpets, four-piece rhythm and fiddle, and Is placed In patnotie set- ting of red. white and blue, star- studded, with Duchln spotted down- stage at niano as standout on tunes. Open with 'Can't Be Love,' then essay swinging 'Bugle Call Rag,' not so forte, bringing on Stanley Worth for vocal of 'Deep in a Dream,' en- coring with Two Sleepy People.' Followed by Top Hatters, youthful couple who do some good acrobatics on skates. Highlight of act is dan- gerous swinging of girl close to stage fioon Durelle Alexander scores heavily with her vocalizing of 'Jeepers Creepers,' Umbrella Man,' 'Old Man Mose,' and 'Heart Belongs to Daddy,* bringing on Burton Pierce in old man makeup for comedy tap dance finish. Pierce then goes into nis rou- tine, doing- a couple of dances a la Astalre. Lew Sherwood follows with a comedy dialect song, tossing in a trumpet chorus. Ray and Trent do some .<;mooth acrobatic comedy work actually requiring plenty of skill, with misses worked In for laughs. Johnny MacAfee, billed as the 'Singing Cowboy' although he ap- pears as -straight vocalist from sax section, sings 'Beautiful Baby,' build- ing it into trio, adding DureUe. Alex- ander, and finishing with comedy parody. ^ buchin,. himself, is high spot of show, taking over at piano to spar with the Ivories on ^Reverie' and 'Stardust,' -'ohig 'Wild Irish Rose,' 'Hold Tight' and 'Deep Purple' at re- quest of audience. Finishes with 'Stormy Weather,' a socko arrangement that should be in show, but antiauated fiashing ot lights to indicate storm could be traded for better visual effect Duchln alternates from keyboard to mike during run of show to intro- duce acts. Biz good at third .show Fri- day X17) Kllev. ' S4 VARIETY Wednesfiayt March 22, I939 Variety Bills NEXT WEEK (March 24) THIS WEEK (March 17) Numeral* In eoniracti'on with , bills bslow indicate opening day of ■how,- whether full or aplit week loew raw TOBK CITS State (S3) Hudaon Co Terry Howard Oimcte BuTle 3 Sailors Happy EaltoD Oro ATIANTA Urnnd my Blno Barron Oro WASHIKOTOK Capitol (24) Rhythm HocltcU.' DollnofCs & It Sla Buddy Clark Clndo Gtcini Rvnay Rica John aallDD Carr Bros FaramoDBt tneW TOBK CRT Panuoaot (tt> Charlie Bamet Oro Dorotli7 Lamonr MIseha Aesr Catharine Westfleld Iiowla tc Van cmcAfio Chka^ (Z4> Rlraacs Jack Dntant Batry Breon & W StB«« Idhe (2«) Brown & Ames SVUNOFIBIO Paromoinit' (24) Chick 'Webb Ore RKO NEW TOBK CITY ■uleHall (2S> TloU Pbllo Raymond Wllbert LIda Anehutlna William Dollar . Nicholas Daks Ivan Trlesault Marie Orlmaldl Louise Fomaca . Robert Larldlmn Oeorge Ueyer Allan Stanley Corps do Ballet Roekettes - Brno Rapes Bymph _ — — . (88-86) Emerald' Sla ainser Solo Dodirlas a Prisollla Bteve. Brans - CHIOAGO ndaae (84) Chester Bale Gls Kim Loo Bis Bmmet Oldlleld Co Oeorge Beatty (17) Chester Hale Ols OUbert Bros Carroll ft Howe Doris Rhodes Bud Harris- Co CLHTELAMD Palace (84) I>arry Clinton Oro 7rank Paris Ross ft Stone Roberts ft Martin Vincent Lopez ' Ore Attbott ft Coatello Patricia 'Bllle' Betty Button Danny Drayson 8CHESECTADT Prestoi's (SS-SS) Dave Apollon Co Week of Iforch 20 3 Bdmnnd Boys OmnadA Great Uas^'ar Tr Morris ft Cowley Colores ft Bnrri HAHMBBKl ITH OanmoBi Buster BbnTsr Co Tolleteen Johnaon Clark IRUMaiOX Bine Hon Benrl Vaddon Co Alec Halls ft P Astoria Billy Rolls ft D Uomlnron Billy Cotton Oro Treoaitere Best. Mas Miller Daley Kennedy Linda Qnr Ivan PhlUlpowaky (TIaiide Chandler l>'Alba ' Adam & Tree Ore CAXVBS TOWS Gaamoat Lucille Benstead Ballard ft Rae 4 Playboys - CLAFBAM firaaada 6 Harmonists n Cleveres Robert Bemnnd Co BAST HAM Arastatla Great Masyar Tr Morris ft Cowley Colores ft Bnrrt Premier Bddle Gordon 5 Wallabies Hotel HcAlplB I J Meaaner Oro I Raclmo 3 Hotel Now Yorker Henry Buase Oro Don Dickson VI Mole Frazee 81s I VIorIa Vestofl Hotel Park Cential. I Curt Houek Ore . Enrico ft Novello Billy Vino . . I Slatgle Greene Hotel Park Lane I Freddie Starr Or^ Bob Lido Al Harris Hotel Fenasylvaata I Harry James Ore Hotel Plaza I Jack Mnrshard Ore N D'Amlco Oro P ft O Hartman I Jane Pickens Guy Lomlinvio Ore ; jr^^^. f.„.,iin Mickey ft M Ford Beryl Coopor Joan Grey Billy Burns James Keogan Sunny ft R Duval Ann Bronte Wally Wanger t Jack Ostermaa'f . Llltle Club I Roger Steele Oro Frances WlUlnms Patsy Ogden I Scat Powell Ueyer's Cellar ' (Bebokea) . Koward Itlnlne ' itosallne Leirls "Martha Kovnoa I (iypsy Lopez Mnrbara Eyion [ LydlH Bhrenlierg MUaltcht Sua Buddy Wagner Ore Noa Paris Herschel Hcnlere 21 Silver Songsters Brneat Shannon SHEPHVINI BISn PavUloB Badminton Players Jo hoMOn Clark . SntATFOBD Breodwar Eddie Gordon « WalUbles 3 IMmund Boys Hotel RiiTey-Plnza Gerry Morton Oro nfldeganle Hotel St. Uarita Bnsll Fo'meen Ore June Forrest , Zan'etto & Barrel I'Dell O'Dell Hotel SL Bed* (IrliHam Boom) Charles' Baum Oro Sam Jarvls Brie Reltor Jane Nicholson Don Marten Ore I Mary Cohnn ■ Jimmy Uoffers Bloate Carlo Ted Slrnoter Oro Bob Knight Ore Lee Wiley Dick Sinnrt Kinlne Bn"»ett Peggy Henley Anne Graham Anita Cnlby Bvelyn Kelly Rosanne Murray Oa^-s Club John Ivlrby Oro Judy Cordova- Uttle Haagaiy Valesco's Gypsle* MarceV* Leonard Keller Ore Uarco* Dalj Kay Gregory Joey Lee Oro Onur** Dome LllUan Gibson Charles Earle Hal Brown Ted Wells Ore Falegsar Imogene Coca Tnnner Sis Gloria Monroe Kirk AUcn -Bfaasey ft Miller Jerry Miimaon - Jimmy Brierly George Olsen Paris IBB Domlnio Blano ft Elain* Ginger Weldon Katherino Skldmore Llllhin Gilbert Ri-lc Mosa^ -Hpory Honett Marguerite ft tt Ken HonrysoU' Chuck Henry Oro Seven Sees Danny Knwnnna Kay Silver Lillian Gibson Al Molntyr* Bddle Busb 4 Slaper Haale'e Blapsy Haal* Jack Waldron Joo Plotkal Andy Sorrelll. Virginia Uathsw*' Moore ft Lewis- Tommy Bellly Ore Seiaenet HOu Harry Rlngland Art Tatura Jack Owens Stage 'I* Cafe Wally Vernon Billy Tonng Henry GaUntl Sharap Howard 4 Squires Swaaee laa Bddle BenI Gladys Bentlej Teper'a EUmer Arlett Jon- Tarns A Hesters Nichols ft Lucas The Mercer Bros Dorothy Brandon Chuck Foster Ore Victor Hogo Jonquln Garny Slilnnay Bnnls Ore Carmine CHIOAeO JACK POWELL just Retnrned from 'SuccesaCuU' Tour ot Europe Featured In Forthcoming Blag Croeby Picture "EAST Sn>E OF HKAVBN" Femenal Blanagemeati EDDIE SMITH. 22 W. 4«tli «t, Nn Vaik Week of Miuoh ABERDEEN TlvoU Jack Anthony Jenn Adrlenne . Jay Morelle Bond Rowell Desmonds ft Olair Douglas Rex ft £ St John Sla Bob Merry Lnxor Gall-Gall - 12. Loretta Ola Eric Pnlmer DUNDEE Palacv ' Harry Roy Ore Terry Wilson EOINBimGH Boyal Bert Denver' Harry Nlblock David Dale Edna Thompaon Mary Lee Billy Mason Co Gautler Co OT^ASnOW FavlltoB Barry Gordon Clayton Sis Neller ft Clare Betty Jumol Co Bob Dyer Aley Lennox STATE, NEW YORK Week Mareh 2ird TERRY HOWARD With JACK TAtLEY MARK J. LEDOY NEW ,YOBK cm , Btraad (84) JInuny Dorsey Oro Harry Savoy Condoa Broa _ (17) Will Osborne Ore' Milt Berth 8 Sheila Barry Gloria Rich BBOOKLTM Ifox (11) Uae West Co Milt Watson Bylvia Manoa Bob Rlpa Mliinevltch Co FJULADBLPHIA 1, T^^"*? <«*> Al Donahue Joan Davis (17) Hal Kemp Oro FiirabuROH Stanley (84) Coquettes . Csaa Daley Bddle Peabody Mlchon Bros (17). Al Donahue Oro -Ethel Shutta Ohezzio Harry Savoy Co WASHINGTON Earle (84) Helene Faye Peggy Taylor Co Frank Homaday' Monroe ft Grant Shirley Roi!s (17) Benny Goodman Or READING Aster (24-8S) Abbott ft Robey i Dobns Dcrt Walton Texas Jim Lewis MEW TOBK OETT Boxy (24) Allan & Kent Paul KIrkland Holba Paul Gordon: ATLANTA Boxy (28). Pick ft Pat Bhayne ft Armsti'ng Royal Rollers Badio Ramblers DALTmOBB State (83-8S) Billy ft Arllne Luby.ft Harris (26-2$) Al Linden Co Bid Pago Co Americana Rev Hippodrome (84) Luclentie & Ashour ■ Bd Roecker Paul Bydell ft S Bvnns ft Mayer 7- Fredysons 'INDIANAPOLIS lOTle (84) Tony Martin Anson Weeks Ore Gene Sheldon Knight Sis (17) Bddy Ducbln Oro MILWAmiBE _ Blreralde (11) Jan Garber Oro George Olvot Frederic ft Tvonne Vlckl Allen Lee Bennett Rudy nudlslll PAVBRSON Mojntle (21-28) J .KIrk ft CInytonii Mo?k Bros sSa-Ji the Horse Sid Page Co ' 7 Blue Jtovlls (24-27) Major BowoB Co PHILADELPinA Cnrman (24) Rlohnrds Co Kay Hamilton Don Rice 3 Olympics Fay's (23) Resits Royco P'rl:er ft Froderl('l:i- Vlctorla Tr I«avltt ft Lnrkwnt i) Norman ft BfcKny Lonernnn Gls PITMAN Brondn-ay (2ft) Al Linden Co Sid Pp.so Co Americana Bev PROVIDKNCK Fay's (24) B Barrymore C'lli Radio Rubc.i W C Downdeld Tyrone 81s Cabaret BiOs NEW TOBK CUT Arabian Nights' Arthur Ravel Ore Roberta Jonay Gypsy Romoje Albonlce . All Haroun ■ Queenle King Lew DolgoS Armando's Buddy Clarke. Ore Marie Spaulding Pat Kennedy . Barney Gallaat's Frank Craven Angela Velez Carter ft Bowie Nellie Paloy Terrace Boys Bill Bertolbttl'a Angelo's Rh'mba Bd mains Sponcer Dorothy Jeftors Frank McFarlaaa Chita Bni's Gay M** Jim Fhlllipa Florence Herbert Blily Lorraine John Panter John Bllot Spike Hnrriaon Rrdy Madlson- Blll Quentmeyer Steven Isles Bernle Grauer Harry Donnelly Arthur Behan , Harold Wlllard Don Cortoz Chnrlee Touchette Chatenn Moderae Paul Bass Oro' Gabriel Lynn Russell Marlon Farrar George Rlxon Chez nrehoom Chick Howard Orr Christie Gillespie Milt Hcrth Trio. Club is -lack While I'at Harrington Jerry Kruger Judy Rudle Franlite Hyers r^ellA Gaynes Benle Sl Boys O' Andrews Ore Clob Ganrbo Chss Mncuin Ore' Panchlta Villa Tarrant & DacKa TrinI Plaza Tci'csltn I-.a Mnrlta Fodro Vain Felicia Floras Mhria' Del Carmen 3 Ciauclios Cotton Club Cnb Calloway On- Bill Robinson Slater Tharpe Tnnya Kntherlnc Perry Bsacli combers Glenn & Jenkins Ruby Hill Son & Konny Myra Johnaon Vortery Choir Dinmond HorsrHl'oi- Noble" SIsslo Ore Hon MeGrone Orr ^'^ltzl Be^eir Buddy 'Doyle Margot Brander • Frank Llbuse Tom Patricola Joe Howard Clyde Hager Mangean Tr Delia LInd - Emma Frauds Lulu Bates Willie Solar Harry Armstrong Elizabeth Murray ElCblce Bltseo Grenet Ore Fantasia Novia Joylta ft MaravlUa Romero Gomez Faqulta Domlngues Dorita ft Valero EI Horocce Johnny Johnaon Or . Famous Door Woody Herman Ore Mary McCall Greenwich Village Don Ravel Oro Dorothy James Rosita Royce Dolorea Ferris Mata Monterla. Juno Havoc 3 Musical Maniacs Tommy Bruno - Benny Martini Joe Lane a VlUage Glam' Gls Hovana-Mudrid Nsno. Rodrlgo Oro Juan I to San'bria Or Rosita Ortega ABC 8 Hilda Gomez De Lbnus Diana Del Rio Hickory Hease Joe Marsala Ore Hotel Ambassador Dick Gasiiarre Ore' Vincent Bragale Ore Happy Powers Marty Golden Roaalenn ft Seville H'tel Belmont-Plaza Ernie Hoist Oro 3 Smoothies Jane Clair Belmont Bnlladee r Adrian Rolllnl 8 I Simpson Sis Dorothy LeWI*< (Malsoaette Basse) Nicholas Mathey Or Tasha Nazaronko Charles Narl Vasslllo Apoatolldea Gedda Petry Michel Greben I Mill Monti. Hotel iaft I Enoch Light 'Ore Peggy. Mann' George Hlnee Smith Howard' I Light Brigade* Hotel Waldoit- Aatoris (Empire' Beom) I Glen Gray Ore Loretta Lee I Maurice Hotel White I Loo Lang Oro Charlie Maey I Mlml Francia Jlmaiy Kent's I Joe - Capelle Oro Inga Borg I Gladys Faye I Princesa iUom% I Mary Lane Tanya Leslie Carter ft Schaub Terry Shannon Peggy de la Plante Valerie Vance Montmartre Boys Danny HIgglns Sid Hawkins Vangh Comfort [Oonz'les ft Christine John Rockwood Gene Walters laroe Bddle Davis Oro Joseph Sm.lth Ore. Le Coq Booge (3eo Sterney Oro Anne Franclne Tisdale 3 Le Mirage Mario ft Merln Ore Gay Adams Lucille Johnson Liana Marlow Jerry WllUama Randolph Cox Flora Newman Le Rbban Blea Herbert Jacoby Alleen Cook Grazlella Parraga Marie Eve Mabel Mercer In Bright I'lXle Dee Avis Doyle I Phil Chlnard HolodT Milt I Tiny Bill Ore Allan DeWitt I Harold Osborne Ullletoao I Ann Xllllstone Flo Whltmea fla:e Lawrvoe* Betty Harris Delia Bnrtetl Jack Roland Ore Nyni Lou. Muriel Josepb Slarie Bobbins- I Genevieve Vol I Sbarone MlBuet Chtb Del Bates - WiUa Rnnyon Vema Jordan Art Fisher Oro Bfecrkm Hotel (Boetpn Oyster Hease)' Mairrreit Gott-lMir NaaMlesa Cafe Julian Btockdalo Vlto Ore One Mayo- Carole Cleveland Margie -Strong Bi>elyn Bced Bd Lioon Nappe Gardea* Lois Hallen Genevieve Jacyna Helen Coyle Dave Malcolm Mary Mac Jane La Vonne Key Moore Honey. Lee Jean ft Wharton BsUy. Sharratt Sol Stocco Oro OM HeUelhers u n ... I Old Heidelberg Co Mary Fran Baekley Octet Eugenia UcOee Blaokatone (Maunese Hotel Jtaa) Marguerite. Bngllsh Piiner ft Barl Oro Bine GooOe Evelyn Waters Al I>ane Melody King Buck Hunt' 4 Hits ft a Miss Breveosi HOtel olly Steriing Rnby Bennett Patricia Perry CoUetle Carmen - Sol l-jike Ore Tripoli 8 Sky Boefcet Harjorle Whitney Dictators Mathews ft Shaw ' Kings Stevens Hotel (Continental Beoaa) Rhythm Boys On Rod Drigo ft F Byton Gla StratMphere Clab Princes Red Rock. Frank Bnrbor Subway Ginger Dlx Opal .Adair Connie Rogers: Jackie Richard Frances Thomas Kena Lane Edith Marlowe Uotoraa Mac Billy Kent Henry Sax Oro SatTtQ Bernle Green Jean Stone Dolly Dollne Babe- Carney Ram Barl Verne Wilson Oio Thompsea'e M Clak Ray Reynolds Joy Kslcse TRYON SrSTERS NEW FACES PARAMOUNT, NEWARK — NOW — Personal Unaagemenl: BDDIE SHITH^. 22 W. 48th St., N. T. Billy Hayes Jack Williams Lorraine Sis Jose Castro Beverly Allen Abbott Danoere Ptall Dool^y Ore . Parody Clnb Freddie Abbott Marie Thomas Soreh TIebold Bddle Jaxon Ore Playbeose Pat McGowan Helen Hart - RiU Marie Virginia May Betty Mae Barry Hodges Ore Boss Bo wl Willie' Shore Gladys Palmar . Ina Ray Hntton Or Elaine Merritt Burke Sis Vera Fern Royal Frolics Dolly Kay Eddie White Dl Gatanos' Bvelyn I'^ney Jack Billiard Al Trurfc Oro Hark Fisher Ore Jack- BlUlard Frolics Ens - Sherman Hotel (College Inn) Gene Krupa Oro Irene Daye Celtfo Cafe Bud Glena Oro Dome Spinning Tops . James Hamilton Dancing Buckleys 8 Jitterbugs Giovanni t Loraa- Degree Shirley Rae Jessie Garwood Helen DuWayne Marah McCurdy Sammy Frlaco Ora Three Donee* , Baby Dodds Charles McBrlde LIU Armstrong Lonnie Johnaon iOB Bent Boom) Anita O'Day Jay McShann 8 Iiannle Estordall Jimmy McPartland Tower Ina Mollle Manner Sam Bans Inez Gonan Rhythm Gls 3 Hawallans Frank Davis Ore Ton-a Clab Cliot Bosn-ell Moe Dl Fill Rosita Carmen Milltcent De 'Witt Jane Mornn Juno Carroll S Ciiicagoans: Frankle Qualrel Ore Hal Barber Tllte Medeiao Tony Oabbt Oro Winona Gardea* Glgl Rene Virginia Woodall Lee Harmon Pat Allen Margie Dale Nonnle Morrison Rita Stone Sally Re)-noIds Heinle Cramer - Frank Snyder Oro Lucille Johnson . PHIIAPELFSI& Aaoliorage Frank Quinn Ore Lou Hartlno Kay Allen Anita Blaine Jack ft A Martin Bellevne-Strattord (Main DhUng Bin) Meyer Davla Ore (Bnrgnndy Room) Frank Juele Ore Ben Franklin Hotel (Garden Tenace) Jimmy Joy Ore Gal Moran Guy McComas Benay the Barn's Mary Navia Ore Frances Carroll Hollywood Debs (8) Glen Dale Wilms Douglas Renatto & Dolores Muriel Thomas BrowHfaig lane Inn (Bellmnnrr, N, 3.} Lenny B6ss c I- » V I |. ! 1 1 ; Mary Joyce 4 Top Hatters Ann Bell Lucille Nolan . Vlnce Norman Oro Cadlllao Tavern M Henrique Beth Calvert Keller Sla Dariene Jones Eddie Thomas Jack Newlon Sunny Ray H Reynold* Ore. Clnb IS Dick Thomas Johnny I'oung O Littis Ann Little Ellen Fay Johnny Howard Bee Larry Princess Helen Amy Organ Cote Horou Scarey Gavin A I CUbler Helen Wilson Jeny Vaaoe . > f 1 S I I, J I Vednesday, Marcli 22, 1939 VARIETY 55 Xlbby N«la Borl» Pie'"" ^ JM Famllu" Or« aab F«rah«* X^laa Wright sttpps & Carloi a,rtl« Taylor Or« aab tM Ulldred Boyer B«rn«y Homa Bob B«mp Oro pstUn'sBatlukdleT ^nb PonU , B«ynard & MaroU WaOclnaSIa Uarllyn Wayna BIfanor Lane IrrlDB Broalow Ore n Ohleo Kay I*v«rly K«l» Carr -. Marlon Robinson francoa Deya Buth Tomploton Subbloa Bhalby Arlatt WltUara Joyanno Snaar Ivan Taihnian Or< Silly Maple Johnny Parrlah Bleanors Piper Edith Roark - Lola Mallna Dolores O'NolU M Moore Ore Vedre BUace On Oeorte Clifford KretmeB OMto* Beth Challlt Cbadwioks Virginia Meltord I Ann Collins Cella MoAndrews White Sis Al BIdrlcb Jo Miles Or« ' 15U Olab Swing King Oro ommy Monroa Betty HoOee Pepper Oaret blul IiOBe Floreaca Holmoii TMBkl* Pataaabo'i Jaok Cartls Baddy Ijewls Bonnie Stewart, giaw * Mead HlU * LaROB* TTOnattes (•) Bobby Morrow Oro Biuili Tavcn Alabama Corlnno Bobby I^ons Oreta LaMarr Betty Ttaomaa HDdcbraad'g Jaokle Small Charlie Meld Tvette Boris BlUott Korman Iievis Fiances Rnssell Fionkle MlltoB Richard Bach kpbbyoe Prosetto Oro Al AlvlU fcna.g'Aqplla Bill)'. Rrtchmer twItaMr Ctak (Btao Boom) Brelyn Lampshlto Ann Rnsh Bhubba Oro - UMe Bathskclte Soy Sedley Oaye Dixon Victor Hugo Oro Bert St Clair O'Connor t Vivian Francis Johnny A Oeorgo open Doer Cafo a Pepperettei Leslie 31a Bob RIdler Nanette Rtfse VennttI Hawaiian Oro Ethel Maeder Viola KlalBS Oro Parrlah Cnfo Vernon Ouy Johnny Holmes Or PDrpie Deibr Jean O'Neill Andy Russell Buck Calhoun Betty Weeks Ray Allen Oro Bendcsveu B 8 Pully & Oump Denette & Say Cook & Brown Ross Irwin Pearl William* Bob Hargravea Oro Btanp'o Cafe Bert Lemlah Oro Dot lisndy Jack .Hutchinson Jobnny Welsh 8 Debs Barry & Glenn VIo Earlaon Silver Lake Ina (Clementoa) Mickey Famllant Or Alice Lncey Fredez & Lorenza Peggy Eamea Oeorga- Reed Bky Top Clnb Cim Bookman Leon Wright Ore Marjorle Johnson Blanche Baundera tKk Ceatarr Tommy Cullen Ore Veako Grillo Jack Rich Fay Ray Joey Hayes Oro VlUac Cafo BIlUe Caltahaa Joe Kearns Orare O'Hara Jerry Delmar Oro 4 Jay* Bobby Jcnea Jan Jones Billy Beck Village Ban I>enhy Kent Ed Is Lane Watson St* Bobby Evan* Johnny Hudgino Teddy Oliver Oro WacoB Wheel Cosmo & IiOllta Tommy Haha Joan Marie Pete Hayc* . Al Wilson George Debar Al Bastion Oro Weber'o Hot Biaa (Caaadea) nse Hart Rudy Bmder Jule* Flacco Ore Helen Worthlngtoa Mart Duo Mario Wodar Alex Dno' Ala, Del FlUr Pat Cranford Arlette Adair Bill Evans Sid Golden SIgnor Karmlne J * T Shellenb'Bier International* Bldoradlan* Tacht Clab Kitty Helmling Ore JImmIe Bailey Babe lioTour Roberta Ramsey Patricia Robinson MILWAUKEE ?i .Bal Monro Oro Bert FhnUp'a Pep Babler Ore. Ilhel Seldel Bhta Falm eaidea Sdoie Booth Oro DUla Maaon Bine HooB -Davidson Ore 'Irglala Rosea 'ay Jayson Oale, Parker Oaidhial Clab ■nd Vlonl Oro Ohateaa Ohib Btao' Jacdbseo Oro Johnny . Peat Jlsimy te Nont Bell Jack Herbert Jane Carson ■ Boratby Mayo Helen HacForUnd With Roe Jalsy Marr g"»n * 8 Jennings ank Brown >e Bartell Ctaver Clob bJ.'P' Ore antb Phillips garge Tonng flaaaor QalT jean Horley Badke ««> Kronlch 'axon _ Club Forest Jlrglnia Orey "era Wetah Clob Madrid ° Jimmy Rota* Oro fcSVl * S^nclie «dy Steven* tJJ^Reynold* SWc^a.!:?: 01. gi^ff'gi'ch?"-' ""Mlrn Miller Otab Sahara "•o Cerwln Oro Chb TenI* Si^on Gensohorc >ffiS ftn^erson Kathleen Kayo Claudia Ferris Dale A Dal* Congo Clab Bob EVeeraaa Mary Reed Jett Ttaoma* Leonard Gay Oro Corale* Ship Bill Davldsop Oro Ben Boo Oro Ralph Lewi* Bailey A Lamarr Dovlaea Eaglea Billy Baer Ore Steve Swedish Oro Mabel Drake Dorothy Dale Red Roberts Ore Gloria Gale Jimmy Do Palnw Howard Gelgcr Hotel Scfaroedcr .(Empire Boom) Lawrence Welb Or Jerry Burke Walter Bloom Lois. Best . Kari Batsch's Sepple Boch Ore Helene Storn Walter MerhoS T^anca's Ray Meadow* Ore . Last Booad Hp Jimmy Raye Oro Ken Kerk Uady'* . Rick & Snyder victor Nancy Rowland Lo« Oabia Carl Bergman Orr HIamI Clnb . Helen. Holme* 'Ralley Malone Evelyn Lee Miami t Peggy Geary Hazel Bailey Gene Emerald Harriet Croas Nevolle & Day Betty Brown Marie Carroll Johnny Davis Or> MllwaahcaB Bobby Maynard Marty Gray Oro Snook* Uortman Old Heidelberg Mary Beth Cameo GI* Eddie ZIpp Oro Donna LnPao Allen Dunn Sallle Marshall Ginger A Louise Open Door TInney Llveng'd Or Larry Powell rochard Ballroom Al Cavalier Oro Faradhe Gardens Bin KIngsley Ore ) Pari* Joe Gumln Ore Len Herrick PlaatatlM Olnb Bert Bailey Oro Mary Webb Plantation 6 Brown tc Lyons Myrtle Thomas Hunky Brown BeBdezToo* Betty Maaon Helen Grego* Carol Cleveland Dotty Norman Katharine Kay* Alma Grant Bob . Mattaeaon Oro Reno Pat Marvin Helen Allen Romoha Brownwell Rose Vine Alma Williams VIndIck Sis Harvey Lee Oro Scaler's Tony Bauer Oro Marie Kecky Jessie & Viola Dorothy Hamilton Blng Burdick Roma Costello Bchwaita. Bob Eherle Ore Lee Leighton Ore Six Polat aab Caspen Redo Ore State Oardeaa Earl RIgg Oro Florence Bell Mildred Seeler Ann Helene Even Allen Irene Schrank Flo Smith Snnset aab Eddie Apple Tie Top Tap Joey Feldsteln Oro Natalie St Howard Eleanor Leonard Al Gale . }«rformance moving at the requisite floor show pace. Warms up 'With recital of population, principal hotels, tiieatres^ newspapers Snd in-: dustries of- any cl^ asked. Tops this with quickie glance at numbers of dollar bills, with other tricks inter- vening, before be returns to reeling off the correct figures of seven or eight pegged billa Climax is reading ntmibers oaekward on one bill and forward on another, without glanc- ing at the numbers. Exponents of ballroom terplng, Edward Noll and Marion Nolan are newcomers to the Village, but have been aroimd uptown (including the Paradise) enough to have a slick array of dances. Ballroomology of pair has sufficient variations, some verging on the adagio, to satisfy handily. Lad of the team is one of those agile dancers who combines youthful appearance with deft exe- cution while the petite partner is a looker and also a trim stepper. Their eccentric final encore done to 'Flat- foot Floogle' is a sure bet with the college mob. Show goes really corny with entry of Polly Jenkins and her Plowboys. Three males play bass fiddle. Ruitar and harmonica while Polly handles an accordion and other instruments. Outfit Is vet vaudeville turn- and gradually is becoming acclimated to night club work. The panto stuff and instrumentalizlng is forte, but there's too much blasting with the cowbells and xylophone, Sleighbell ringing bv the Jenkins girl is okay. Despite the noise, troupe scored heavily, indicating this crowd goes for the rustic en- sembles. Ray Hunt new master of cere- monies, works -with a minimum of adjectives, and snows a nice baritone with 'This Can't Be Lo\e' and 'I Get a Kick.' Appeared a bit jittery in working his first show, but has per- sonality. 'Pappy' Below, veteran at the Bam, still remains a great fave with his bottle gam^ musical chair con- tests and square dances. This gives the guests a chance to let down their hair. The stunts arte projected With such showmanship that they go big even with ■ audience meinbers not participating. Wear. PANTHER ROOM, CHI (SHERMAN HOTEL) Chicago, March 17. Gene Krupa orchestra. One of the most notable nltery names practically passes out of the picture with the renaming of most of the College Inn. The big portion of what used to be the College Inn is now the Panther Room, while that Dart which surrounds the big oval bar is still the College Inn. The waiters now are dressed up like maharajalis and look like comic opera. 'When caught there were just some tables and chairs, but patrons are assured that couches and settees are due any day now, all in panther atmosphere.' . The bandstand and floor, which formerly were on the side of the room, are now. opposite the bar, an imorpvement Th^e is no show. That too, is an Improvement when it Is recalled , what kind of shows the Inn had been presenting for the past couple of yenrs. The Inn could still rate with the best of 'em but for the fact that It was steadily allowed to deteriorate Now the policy Is no cover and no minimum, which means that the. kids can come down and shag their brains out for a couple of beers. For the shaggers Gene Krupa Is ereat stuff. He himself Is a smart little show on those drums, selling- himself and his jive rhythms with plenty of mugging. Musically the aggregation Is solid, and swings out with authority and ability. Its routines are varied neat- ly, and the sweet stuff gets a break, too. Gold; VERSAILLES, L. A. Los' Angeles, March IS. Jerry Letter, Rum Denning, Wini- fred Seeley, BUI LaiiMn, Louis Chieo orch (w. One of the better Intimate spots along the county strip, Mel Walters' Versailles is finding the going as tough -as when Phil Selznfck tried to steer It 'out of the red. It's the only room with a view In.to'wn, the neoned burg stretched out below through arched windows. There's table space for around ISO but on the night caught ' the .aggregate couldn't have' exceeded 20. Spot gets most of Its biz on Thurs- day, Friday .and Saturday nights. Rest of the week -Is a washout - That also goes for most of the others along this night belt Jerry Lester heads a so-so floor show. Ruth DenAlng Is just fairish on the vocalizing and the tapping of Winifred Seeley Is very . routlnisb. Lester has a fat bag of tricks and tries them alL Does everything from hat changes to imitations with a breezy line of chatter; Stencil of Harrv Rlchman Is his best effort Bill Lankln, one-arm pianist, fills the intermish and rates a bow. Louis Chlco leads the ork group from his harp, something of a novdty. His problem, along with the other* Is, what of the summer? Helm. Saranac Lake By Bsppy Benway Robert McCammon out of hospital and now bedding It Albert Manley and Roy Hunger- ford .of Atlantic Hi.i(hIandE, N. J., visiting Albertlna Manley, musical comedy dancer, who Is doing well. The Franta Taiiralgs, from what up until a few days ago was. Czechoslo- vakia, back to N.Y. after a winter vacash here. Mrs. Taus.sig Is ' the daughter of Dr. Karl Fischel, med- ico-ln-chief at the Will Rogers. John DiGiovanni, Jersey ex-man- ager, into the general hospital for general check. His second booking here in. five years. Phil (Paramount) Wolf bedslding his frau, who has made a 'grand comeback. The actors' colony here tliank Riga Konova, of Chicago, for the books and mags. Anna Comerford back to the lodge after the first stage of her operation. Dorothea Dobsoit 'of Annapolis, back home after a selge here. (Write to those who are lU). Peggy Fears opens at the Ver- sailles, Los Angeles, March 28, coiti- ing in from Colony Club, Chicago. 86 VARIETY LEGITIMATE Wednesday, March 22, 1939 Fate of IQngs Doubtful Wilh Report Theatre GoOd Win Withdraw Bac Shows in Rehearsal Tive Kings,' currently at the Chestnut, Phfladelphia, will fold there at the end ot next week. Fate ol the Orson Welles condensation of Shakespeare cbrpnide plays is in 'dotd>t thereafter: ' Members . of the Merctuy Theatre staff have been notified that the Theatre Guild is withdrawing from co-sponsorship of the presentation. But that is dented by Guild officials in New York. There is talk of rehearsing the show for three weeks, then opening it on Broadway, witti or without Guild participation. But that is viewed as an outside possibility. Plans to take the show to Pittsburgh, Cincinnati and' other road cities have been definitely cancelled. Lora Bax- ter has left the cast and was to have bseh replaced by Helen Craig. But the part has since been edited out of the show, among a ntmiber of other changes. Although the- exact status of the Guild's interest in the production is unknown, it's common knowledge that Guild officials have been burn- ing for weeks at . the . policies of the Weiies-John Houseman combine. 'Kings* has drawn mixed reviews out ot tov/n and business has been dis- appointing. Dblike Night Bchearsab Princinal frown of Guild directors against Welles' methods is said to be his insistence on rehearsing at night, after the evet^ng performance. Stagehands get iible wages after 11 p. m. and triple pay after 1 a. m. Salary total for such sessions during the Boston engagemoit Is imder- stood to have been about $15,000. Despite Guild ' protests, Welles has continued the night rehearsals. If the Guild doesn't sponsor 'Kings' in N. T. the organization will be in a bad way to find two substi- tute plays for Its subscribers. -Only three . plays— "Dame Nature,' "Mer- ' chant of Yonkers' and 'Jeremiah'— hnve been offered so .far. this season. 'Philadelphia Story' dated for next Tuesday' (28) is the fourth. Double- evening. "KinBs* was to have rated as two subscription plays. The Lunts are bringing their 'Fes- tival of Comedy' (repertory of five plays) to Broadway In mid-May, but that will not be a: Guild subscription presentrrtlon. Jn previous seasons the Guild has short-changed its sub- scribers, leaking up tHe short show the following yearj but H has never been more than a sihgle production In arrears. Subscription season Is completed in all the Guild's road cities, with the exception of Pitts- burpji where it is shy two shows. It had been planned to take 'Philadel- phia Story' and "Kings' there, but now two replacements must be foiuid. Yi#sh, Aiigk) 'Awake' Nepers on Broadway For the first time the same play in English and Yiddish Is being shown virtually within the show district Thp Yiddish adaptation of 'Awake and Sing' is being presented at Daly's under WPA auspices, while the Clifford Odets drama was re- vived at the Windsor by the Group Theatre last week. Latter planned to split the weeic between 'Awake' and 'Rocket to the Moon,' but after more interest was displayed In the former It was slated for six per- formances weekly, with 'Rocket' go- In;; on for two. The Group Is understood to have BUftiested to WPA that it bUl Its production under the Yidiilsh title, consequently resulting in the "Wach Enf und Zing' billing. Rq^rt that Odets protested the \ise of the Eng- lish title for the foreign version was not sut>stantiated by the Group, which explained that the author was not- in town. Previously several Broadway shows were translated into Yiddish but transplanted to ^e lower East Side. Seek to Pay Off Fmids Withheld hy L S. Pinker Efforts to clear up the affairs of Eric S. Pinker, play agent under ar- rest on a grand larceny charge, are being made by several other agents in New York. Idea Is to salvage enough coin to pay off as much as possible of the, money owed to vari- ous authors. Pinker, who was arrested March 13 on complaint of R Phillips Oppen- heim, was held in $15,000 bail Friday (17). Wben the amount was not im- mediately raised, he was remanded to Tombs prison, N. Y. According to - the dji.'s office, charges against Pinker now Involve a total of more than $100^000. Mean- time, the Pinker & Morrison agency, with which he is associated with his wife, Adrienne Morrison, Is Inactive. 4 Brokers Cited For Violatioii Of R Y. Met Code Four ticket brokers summoned by the league of New Yorii Theatres last week to explain violation of code regulations are reported to have admitted the diarges. Apparently the charges were not serious, since they were only reprimanded. One, however, refused to comply with code, demanding a hearing be- fore the committee charged with en- forcing the rules. He's Louis Rlegel- man, of the Louis Cohn agency, who declared if he was forced to follow the code as set forth, he would be forced out of business. 'Hie others quizzed are George Bascom, who recently returned to the ticket business; Oscar Alexander and William Deutsch, all of whom have signed the code. One of the brokers involved was said to have breached the rule limiting the' pre- mium to 75c per ticket in counter sales. The others were turned in by a clerk alleged to be with the Har- vard Club. N. Y. CRITICS TO PICK BEST PLAYS APRIL 19 Excep^on to Afien Role Exception to the alien actor rule was granted yesterday (Tuesday) by Equity council to permit Jack Hawkins' appearance In the forth- coming Roc Galvann production of •Wuthering Heights.' Action was in . response to a request by the pro- ducer. ,. Piivirkins . .re?ently appeared on , 9 BroaAuay: In! Dear Octopus.' >' " " >> ' The New York Drama Critics Cir^ cle will, as previously, announce its 'best play of the year* prior to the Pulitzer committee's selection. Re- viewers are to meet for that purpose April 19, the winning play to-be an- nounced at the Circle's annual din- ner, to be held at the Algonquin hotel, the following Simday . (23). Critics this year are slightly later than usual in their selections, be- cause of incoming plays which may be considered. Leading possibilities for the honors are 'Abe Lincoln in Illinois' and "The Little- Foxes,' which are rated simi- larly . for the Pulitzer nod. "The Family Portrait' may get some con- sideration, while others which may figure are "The Philadelphia Story' and 'No Time for Comedy,' which sopn to ooen on Broadway. It will be the fourth annual award by the critics, who will also name their favorite among plays of for- eign authorship. Hie White Steed' is regarded as a likely winner, but •The Flashing Stream,' due April 10, will also be considered. It was writ- ten by Charles Morgan, reviewer for the London Times. Flies Pjai^arism Suit Isador Solotorefsky filed a. New York -federal court suit for an in- junction, accounting of profits and damages against the McKinley Square Theatre, Inc., Isaac Fried- man, Israel Rosenberg, J[acob Wech- sler, Irving Honigmaii, Menasha Skulnik and Jean Greenfield for the alleged piracy of two of his plays, ■The Living Orphan' and 'Alimony.' Both plays are written in Yiddish. 3 .«>' », The Brown Danabe'— Bonflls and Somnes. •The Mother*- Victor Payne-Jen- nings. 'No Time tot Cemedy'— Katharine Cornell-Playwrights. The Happiest Days' — Courtney Burr. 'My Dear Children'— Aldrich and Myers. •Hy Hearts In the Hlghlanda' and 'Qnlet City'— Group. Equity Yotmg to Deal Mainly Electn^; Menihers to Coandl Equity's annual meeting and elec- tion this season will not be con- cerned with the election of new offi- cers, except one replacement, that of third vice-president Balloting wUl principally be' for' 10 coimcillors, plus others to fill unexpired terms. Councillors are named for five years, but 10 are retired annually. Possibility of a contest in the elec- tion of .the new. memt>ers is l)eing considered among the meihbefship. Terms of Philip Loeb and George Heller expire this season, and both are expected to be candidate again. They were leaders in the associa- tion's former militant group, but since the induction of Arthur Byron as president last season there have been few ructions in the luion. Burgess Meredith, who was tem- porary president after Frank Gill- more moved over to the Aissociated Actors and Artistes of America, is favored to get the vacant vice-presi- dency post He also was of the mili- tant group. Other officers will not Come up for election imtil next year. Friday (24) Equity will hold a meethig at the Astor hotel. New York, to name'' the nomhiatlng committee that will choose Council candidates. Commit- tee is made up of nine, six being selected from the general member- ship and three appointed by the CouncU. LeERMAN,N.Y. TICKET BROKERS' ATTY..SUICDE Nathan (Nat) Lieberman, attorney for the Allied Theatre Ticket Agen- cies, New York, suicided last week by jumping from a hotel window. He had registered several days previ- ously under the name of Madden and his identity as the ticket men's ad- viser was not disclosed except among agency people. Deceased was formerly a Wealthy realtor, who quit law for that field and then dropped a fortune. He es- sayed a comeback as a lawyer and was appointed to represent the Inde- pendent agencies, which formed an association when the League of New York nieatre and Equity formulated the ticket code. Lieberman, a former assemblyman and a N.Y. alderman, was not active in the Acme Ticket injunction mat- ter,, which awaits the referee's re- port His successor as counsel for the agencies has not been chosen. Two Plays FoU Two plays that opened on Broad- way, closed almost immedately after- wards. 'Please, Mrs. Garibaldi' re- lighted the Belmont for legit, after it had been running foreign films, but drew a press lacing and lasted but four performances. PLEASE, MBS. GARIBALDI Opened Uaroh 16, '39. Critics panned this, Celeman (Mirror), 'Candidate (or the title ot wont play ot the season.' Lookrldge (Snnl, 'Almost nnbc^rably daII.^ 'Tell My Story' went off at the Mercury after a single performance. It was a cooperative venture. TELL HT STORY Opened IWarch 10, '39. 'Story' got Ihe same treatment as tlrs. Garibaldi.' Walts (Hersld-Trib), 'Awkward and shambling.' An- derson (Joiimal)., 'Seems to have been directed with an egsheater.' hside Stiiff-4^ Norman Bel Geddes, stage designer and sometime legit producer, is ex« peeted to return to the managerial field next season. He is currently oc- cupied with several ventures for the New York World's Fair, one being the designing of the General Motors exhibit Geddes will go through with his own Fair show, having settled with the expo management after some differences in financing. The concession, which is a form of peep show, will cost over $120,000; and will be spherical, a globe within a- ^obe, and around 40 feet high. Interior will consist of faceted mirrors, a dancing girl to supply the three- minute 9how, which 'wlU have an admission of 15c. Illusion is that a whole- troupe of dancers is in action. Nick Holde, who is handling 'The Happiest Days,' due into the Vahderbilt, N. Y., next week, will be general manager for Bel Geddes. Finch Si Carpenter, theatrical firm, which Is sponsoring the current tour of 'The Irhportance of Being Earnest' having taken over the show from Aldrich & Myers at the conclusion of the recent revival at the 'Vander- bilt, N. Y., Is new to show business. Mrs. Adelaide L. Finch, president of the corporation, was for three years feature editor of Pathe films, was with NBC and CBS and previously was chief of the picture and radio divislona of the WPA. Mrs. Louisa d'A Carpenter, chairman of the board, is a member of the DuPont don and has been financially interested in a number of Broadway ventures over the last few seasons. This is her first formal connection with show business. Norman Dodd is treasurer of the outfit which has various plans . for legit 'radio and .films, including an undertaking at the N. Y. World's Fair. ' John Cecil Holm, who wrote "Three Men on a Horse,' is seriously iU. Actor, who used. to dope out the ponies while coming to New York daily on a bus from his Connecticut home, and based his hit comedy on that practice, is under treatment in a Connecticut sanatorium. His wife, too, 13 ill, and has had two operaUons. Actor-author was supposed to have become affluent froth the play's royalties, and built, a home in Weston, Conn., which cost around $K,00^ If s reported he disposed of the place for $13,000. "Kiss the Boys Goodbye' got a publicity break in the tab Chicago Timet last week that 'was a press agent's dream. The title ot the show appeared in the front-page headline as part of a gag. twist connected with the firing of a flock of political office-holders after the primary elections.. Hie show is current at the Harris, Chi. Treasurers Chh Grosses $11,500 at SOdi Annoal Treasurers Club's 50th anniversary was marked by a testimonial show at the Winter Garden^ New York, Sunday (10), -with a flock ot name acts on the bill. Whil^ the house was not capacity, the $3,B00 takings were larger than in recent seasons. In addition, the program held about $8,000 in ads. Program, with a heavy gold paper cover, was a. special print job. Num- ber of persons at first declined to ac- cept the booklet, believing it was for sale. It was compiled by box- office men under the direction of Allen Schneblie, president of the cluB. *Women' $1 Top Clicks In Pittsburgh Tryout Pittsburgh, March 21. Response here to $1 top 'Women,' current at the Nixon, has been little short of amazing. Two days after announcement was made, house was half sold out for opening night At show's preem last night (Mon.) there remained only a few scattered seats downstairs and in second balcony, which sells for 50c. Management figured show could have easily made a run of it at $1, but previous bookings limited stay to one week. However, there's talk of bringing 'Women' back later in the season for a stay at the reduced price. It's already been here twice before. ■ ' 'WHITEOAKS^I -NITERS Frisco Date Cat t« Permit Tone Easter Week; 'Mice' In L.A. April < Los Angeles, March 21. San Francisco (current) engage- ment of Ethel Barrymore in 'Tniite- oaks' at the Curran has been cut from three to two weeks, to enatde troupe to make tour of one-nighters as far north as Seattle during Easter week. 'Of Mice and Men,' which Wallace Ford, in association with Sam H. Harrii, will produce at the El Capi- tan, Hollywood, starting April 8, will have entire New York production, cast and crew. John Leffler and Frank Coletr hav« arrived here from N.Y. to function as company manager and director, respectively. Ford and several other members of the N. Y. cast are signed for a California tour, winding up at the San Francisco Fair. ENGAGEMENTS Jack Pearl, Judy Canova. Frank Albertson, Jack Durant, IiOis Janu- ary, 'Yokel Bdy Makcss 'Gddd" « ' : ^ SAM HARRIS MARRIES AT KE LEYY'S HOME Announcement ol the marriage Sunday (19) of Sam H. Harris to Kathleen (Peggy) Nolan Watson, intimated that the couple woiild di- vide their time between Palm Beach and Beverly Hills. However, .It has been definitely stated that the show- man has no intention of retiring as • producer. Ceremony was performed in the Philadelphia home of Isaac D. Levy, head of WC^AU there. It was th* third marriage for- both, bride being the widow of 'Victor Watson, former managing editor of the New York American, who suicided several months ago. They had been es- tranged. Mrs. Harris' brother la George Brent of the screen. She Ii 38; Harris is 08. Couple are honeymooning In Hot Springs, but upon their return Har-. rls is expected to ready a revue, possibly for the Music Box, New York, which he operates. His stand- out production this season Is th» Kaufman-Hart "The American Way,' presented In association with Max Ciordon, who has frequently been associated with Harris in managerial ventures. Around 160 guests attended a re- ception in the Levy home after the wedding. Nearly all are in show business and the newspaper field. Mrs. Harris* first husliand was Marcel Draguseanu, a picture direc- tor. Harris' second wife, who died some years ago, also had the family naihe of Nolan, but was no kin of the bride. 'When Harris was asso- ciated with (3eorge M. Cohan they married sisters from Boston. Sherwood to Defend 'AW Sale to Fibns Robert E Sherwood, author of 'Abe Lincoln in Illinob,' will appear before- the Equity council next Tues- day (28) to give hU views regarding the recent sale of the screen rights to the play. Playwright wrote the Council requesting permission to state his case in person. That body yesterday (Tuesday) accepted the bid. Sherwood's action resulted from an editorial in the last Equity maga- zine, criticizing the sale and early release of the picture on the ground that 'the theatre should not destroy Itself.' Oa Their Own Jean Rosenthal technical director ot the Mercury Theatre, and How- ard Tcichmann, of the same outfit, have resigned to form their own company. Productions, Inc. Firm is aimed to ease all kinds of :tfcchni«dl> prgaubUoa ifaeadacbei; ' Wednesday, March 22, 1939 LEGITDfATE VARIETY 57 New Snnday Legit Move Started By N. Y. Mgr. Leiper May Soon Go Before Equity s Membership Whether New York is to become • seven-day town for legit* may soon go before Equity's membership for a second time by means of a ref- erendum. Newest Sabbath move was started by the League of New York Theatres last week, when its board conferred with an Equity committee. The managers were en- couraged by the . letter's attitude. Expected that the Sunday matter will come before Equity's meeting at the Astor, N. Y., Friday (24), and if the proposal is adopted, the ref- erendum will follow. Showmen told the committee thait Sundays had never been given a real trial on Broadway, and the best test should Ciome during the World's Fair period. Whether visitoris drawn by the Fair would patronize stage shows is a matter of speculation but that there will -be an influx over the weekends Is clearly indicated. During the session between the League's board and the Ekjuityltes, ' It was stated .that the stagehands would favor Sunday shows If the actors do likewise. Stagehands, when felt out on the matter, replied there are no regulations against Sundays. CosU ProUbitlva When the Sabbath law was passed in AllMmy, Equity required ttiat ac- tors be paid an extra eighth salary. The stagehands followed suit, rais- ing the cost to such a point that Sunday legit is virtually nil. Their members are working in vaudfllm and other houses on a seven-day basis without an extra impost. Same goes for the musicians, who would likely go along with the stagehands If the latter agreed to work Sun- days. Equity officials do not. feel so con- fident about changing the Sunday rules, although readily admitting that many actors make Sunday ap- pearances in radio studios and in presentation theatres, where they are sometimes required to give four and five performances. They also 'concede the illogical position of le- git, which is the only show biz cate- gory not regularly represented on file first day. Ifs explained that the Council has no power to act in such matters but that it can recommend consideration of the issue. There is a percentage <^ councillors who are known to (Continued on page 58) UDusna] No. Pic Players h B'way, Road Shows Unusual number of Hollywood film players are currently active in legit, both on ' Broadway and the road. Several reasons have been ad- vanced for the situation. One is the legit production increase, with name players in particular demand, In anticipation of business from, the New York World's Fair crowds. Another reason is the slump in HoUywood producing. Third angle suggested is the growing tendency In recent years for picture players w use legit as a buildup for their HoUywood rating. Among the picture players ap- pearing in New York are Raymond •Massey, Franchot Tone, Sylvia Sid- ney, Nancy Carroll, Eddie- Albert, Victor Moore, Robert Morley, J. Edward Bromberg, Jimmy Durante, Ettel Merman, Richard Carlson, Fredric March, Florence Eldridge, ^m Jaffe, TaUulah Bankhead, Helen WesUey, Barry Fitzgerald, Mady Christians, Helen Chandler and Vin- cent Price. Active on the road are Burgess Meredith, Katharine Hepburn, Don- ald Woods, Vera Zorina, Ruth Chat- terton, Walter Abel (latter two «osed in "West of Broadway' last week),. Walter Huston, Ethel and John Barrymore, Irene Rich. Near- ly all the above players' were origi- nally from legit W. Ontario Univ. Bans 'Aloes' as Immorar London, Ont., March 14. Hie three-act play, 'Sweet AIom;' by J. Malory, has been banned as the convocation play of the Univer- sity of Western Ontario here, and the use of university buildings pro- hibited for its production, on the ground that the play is immoral. Dr. Sherwood Fox, president of the university, sustained the protest against the play's production, made by theological students of Huron College of the Church of England. Huron Ck>Uege Is affiliated with the university. No university play will be pre- smted this year as the result of the ban. SHOfS DEMISE HITS CO-OP TRIES Plans of some Equityltes to en- courage more production, by per- mitting a certain amount of experi- mental co-operative presentations, received a setback last week when •Tell My Story' folded after one per- formance at the Mercury, New York. It was presented by, the Freeman Theatre and was the first wholly co-operative show per- mitted by Equity in some years. Quick collapse of 'Stor/ did not come as .a surprise to Equity lead- ers, who are opposed to that tjrpe of venture. They now seem more firmly opposed to co-operatives than be- fore. Pointed out that after con- siderable rehearsing no player con- nected with the show received any money and that that happened al- most invariably before Equity ruled out co-operative activities. Show had drawn a weak press. The co- operative group had an arrangement with Joseph Lawrens, who subleased the house from the Mercury Thea- tre, whereby there was to be a SO- SO split of aU takings, w:th the house to pay all expenses from its end. The other half was to be shared equally by the players. Another co-operative venture was tried Sunday (19) night at the Van- derbUt, N. Y„ where 'Stop Press* was offered. That, too, got thumbs down by the press. This group, however, was made up of players appearing in other shows and got the Sunday tryout concession from Equity because of that. A third such show, 'First American Dictator,' went on at the Bayes (roof) last week. It Is said to be put on by a company of sMni-pros, none of whom belong to Equity, or, if they do, are not using their stage names. Show played several times, then halted because, it was said, a lead had lost his voice. No performance was given Monday (20) butUt was claimed the show would light up tonight (Wed.). MAE WEST MAY RETURN TO B'WAY IN MUSICAL Mae West's desire to return to the Broadway stage may result in her appearance there in a musical com- edy next summer, according to Joe Timoney, Miss West's manager. Cole Porter would do the lyrics. ' Her own version of 'Catharine of Russia' is being mulled as the show, should she go through with tentative plans. T Breach First Caused Over 'Knickttbocker Holiday* Tourinir Terms — Com- plaints Against Agency Reported Brewing Some Time by Indie Producers and House Operators SET OWN DATES . Complaints against the United Booldnjg Office by independent pro- ducers and legit operators, reported to have been brewing for some time, resulted in at least a partial se- cession from the UBO by one man- agerial firm in the last two weeks. It Is declared that unless changed and uniform contract provisions are worked out, it is likely that an op- position booking office will eventu- ate if independent showmen are not forced out of business. UBO is a combination of the Er- langer and Shubert booldng ex- changes. It was formed when the road started to decline, its primary object being to eliminate ruinous competition between tiie two former factions. Particular attention is given one-week stands. Idea being not to have two shows booked into the same town, where there la not enough business to - support more than one at a time. It's charged, however, thai the UBO is monopolistic. The Play- wrights Co., which produced 'Abe Lincoln in Illinois,' ^Knickerbocker Holiday' and is associated with Katharine Cornell-Guthrie JAcClin- tic in producing the forthcoming 'No Time for Comedy,' is the most re- cent protestant. The Playwrights are said to be dissatisfied with UBO policies and booked the latter show independently in Indianapolis, Co- lumbus, Iy the Immigrant Savings Biank, New York, which gained possession several years ago throu^ mortgage foreclosure. Prior to Grisman ten- ancy, the house was used by CBS. Grisman propositioned the bank with the idea of securing cancella- tion of the lease, but was reportedly nixed. Recently, the inedrporated lessees of the Lyceum, N. Y., suc- ceeded in turning back the property to the Bowery Savings Bank; N. Y,, but Grisman's Hudson lease was claimed to lie on a personal basis, with no 'out.' However dispossess is understood to be pending. About two years ago he started leasing N. Y. legit theatres, getting the Belasco, Windsor (then the 48tb St.) and Fulton. Those houses, along with the Hudson, gave him five as he also was in on the Forrest rental, along with his interest in 'Tobacco Road,' wliich he has re- linquished. Grisman figured that theatres on Broadway would be in demand dur- ing the World's Fair period, but while the other houses have been lighted a faii''^number of weeks sea- sonally, the Hudson, which was thought to be his ace house, has been unlucky. ' About a year ago Grisman had plans for starting a third circuit,' with the Broadway string a nu- cleus. Claimed he was offered out- of-town theatres, on a profit-sharing basis. The booking proposal now appears off for the time being. Ella Logan, Ann Miller Signed for 'Scandals^ Hollywood, March 21. Ella Logan and Ann Miller go into George White's 'Scandals,' opening in New York around June L William Morris ofCice negotiated deal and also laid out personal tour for Joan Davis, starting March 2i in Philadelphia. i 58 VARIETY LEGITIMATE^GONCERTS Wednesday, March 22» 1939 AGMA, Ccmcert Managements Seen Signaturing Contracts TonMHTOw Contract With the American Guild of Musical Artists is expected to be signed tomorrow (Thursday) In New York by the two leading concert managements, Columbia Concerts Corp. and NBC Artists Service. Ac- cording to concert executives, ' all major points have been agreed upon and the formal signaturing should talce place without a bitch. Under the terms of the agree- ments, a number of vital changes will be made. Concert managements will be licensed by AGMA, commis- sions on some classes Of «ngagements will be cut, and various other sig- nificant reforms will be netessary. One is a realignment of the existing setup of community or civic concert managementi General points of the contract are as follows: 1. Pact is effective until June 30, 1944, suljject to yearly modification by mutual agreement or arbitration. 2. Negotiations for a new contract must begin at least 90 days t>efore the expiration date of this contract 3. All artist contracts must be In triplicate^ with the management, art- ist and AGMA each getting one copy. 4. Non-AGMA members heed not benefit by changes under this agree- ment, but contracts with all artists who join AGMA must be adjusted to conform. 6. Management may not seek less ^Continued on page 60) SL Lonis Sets Three Operas; Melchior, Pinza, Martinelli Among Names Series of three operas will t>e given by the St Iof . a femme mathematical genius, played by Margaret Rawl- Ings, who carries on the work which her brother's death left unfinished. Miss Rawlings handles her assign- ment Intelligently. Another outstanding performance 1^ that of H. G. Stoker, as the civil- Ian head of the British Admiralty. Others in the cast are uniformly good. 'Flashing Stream' recently com- pleted a six-month run in London. SALUTARY LODGE Hollywood, March IS. Melodrama In three aotj (five scenes) by Joseph Carole; presented by Carl Hllbrrt; ataged by the author; setting, Everett Bur- gess; at Footlighla Workshop, March 18, •a«. • Cast:' Ted Stanhope, C. Otto Melscn. David Stollery, Odie Evans, Evelyn DIhle, Joan Blair, Bert Miller, Kdwln Clay, Charlea Clinton, James Devore, Elwood Raniay, Oil SUelton, Robert Peaalee. Presented here as a preview to possible Broadway showing, 'Salu- tary Lodge' unfolds as stout stuff for horror addicts. While, natural to characters and situations, play is shocking, though weird theme builds up. maintains suspense and estab- lisnes characters well. What It will do on Broadway, if and when taken there, is another story. Thrown together' in the cast are a consumptive, a crippled war vet a pregnant girl, an addled old man, a communist a financier gone flat and an escaped coirvict all awaiting- their- turn under the knife of a mad scientist to whom they have sold their lives. Locale is scientist's Adi- rondack mountain lab. Domiciled with the doctor are his co-worker and mistress, his assistant and a huge hulking half-wit En- trance of girl starts some heart throbbing among the patients, with sickly man falling for her heavily. Their first escape attempt fails, with curtabi falling as half-wit kills the medico, freeing group to start anew. Bert Miller and Evelyn Dihle han- dle the romance creditably. Edwin Clay, the communist; Elwood Ramay, the convict; Charles Clinton, the veteran; Joan Blair and others try hard to be convincing. Plays on Broadway TELL MY STORY Melodrama In seven ocenes by Richard Rohman; presented by Freeman Theatrei ataged by Marcel Strauss: at Mercury, N. T., March ■ 15, '30; HM top ($8.3C opening). Police Clerk Frederlo Olullano gjmino Harry Bellaver Thiero.. ;.tee Hlllery I>e Bello Richard Bengali H»'«<> Gordon Nelson Mendola David Turk Sllyeslra William H. Chambers VulpI Sydney Andrews ▼ oletta Georga Bebsn, Jr. RIcoremo George Moss M*'"'"'' Franklin Klein S'lPPO , William Toubin ?lnzo William Webb Sanders Marino Arthur Spencer Edwin Rand g,"",* Robert H. Harris Cl«k Joseph Olney Latest of the anti-dictator plays that have marked the season, 'Tell My Story' switches the attack from Hitler to Mussolini, but otherwise it's much like the others— less dramatic than the morning's headliness and not as incriminating as the everyday words and deeds of the men It would in^ct. It is earnest but halUng, In- coherent and woefully presented. Destined for a brief stay. Play Is chiefly concerned with the notorious murder by blackshlrt mili- tia of the Socialist leader. Deputy Glacomo Matteotti. In a story of greed, ruthless ambition, trickery. In- timidation, brutaility, killing, and finally the- betrayal of the henchmen who have done the dirty work. Although Richard Rohman's writ- ing Is labored, repetitious and. scat- tered with unblushing cliches. It Is manifestly earnest and has moments that In a more skillful producUon might be genuinely moving. But Marcel Strauss' chaotic direction not only^ limelights the weaknesses of the sf"Pt but nullifies the ocasslonally stirring passages. Under such handi- caps, none of the players Is able to vitalize the play, but Harry BeUaver has some reasonably effective mo- ments as an American gunman, and Richard BengaU Is an acceptable po- Uce chief. Others, Including RolJert H. Harris as the transparently-dis- guised Duce, Gordon Nelson as the martyred deputy and William H. Chambers As a liberal editor, fail to register. . Freeman Theatre, the presenter^ Ji a cooperative outfit recently okayed by Equity and the Dramatists Guild. Hobe. (.Withdrawn after fint nlflht; print- ed /or the record.) STOP PRESS Drama In three acts, by John Stradloyi staged by Charles De Shelm; produdloa supervised by Alan Peters; presented by Acting Co.. Inr., at Vanderbllt, N. T.. March 1», 'SB; ft. 63 top. Jerry Carl Johnson Johnson Charles Mendirk Webber. Clanoy Cooper The Gent Lewis Gilbert Mary ICendaU Edith O^ichna Mnlrooney .......Tony Krabor Kitty Blake Marguerlu Walker Matty John Marllrb John Snell Ralph Bell Alfred Snell Houseley Stevens Kendall Al Jenkins Deputy Russ Conway. William doca Norman Porter Larry ...Archie King Wilson Gilbert Falea White ..Bemard Kaydlaon Harklnskl ..■ ....Juan Root A man Lou Turkll Ann Thomas Phllllpa Bevans Smyth Frederick Olraetead HereCotd .Frank Maxwell Group of professionals. Including several currently ' In Broadway shows, has formed this cooperative outfit Acting Co., Inc., for the oc- casional Stmdoy night presentation of untried plays. Idea Is to provide gractlce for the players and a show- ig for possible worthwhile scripts. Venture has Equity's oHay. As the first offering, the organiza- tion gave a single performance Sun- day night (19) of John Stradley's 'Stop Press,' an embattled drama about newspaper publication during a steel strike. It is a rabid piece, excited If not exciting. But it lias nothing particularly novel or en- lightening to say about either Jour- nalism or a labor strike, and It is laboriously patched together. Re- markably similar In both subject matter and writing to 'Press Time,' which was also given a cooperative Broadway tryout this season, failing to Impress. •Stop Press' undoubtedly suffers from Its slender-budget production and Its haltered staging, but the script Itself seems a negligible pros- pect for commercial presentation and an Inferior exercise for acting. Of the players, Charles Mendick (Continued on page 09) ■ - Weaneflday. March 22, 1939 LEGITIMAXE GROSSES VARIETY 59 'Angel' Soars to $23,000, Leads On; IGss Boys' 9th WkO^za 'Angela 7G ■f- Chlcago, March 21. 'I Married an Angel' is the big noise in town, continuing into its third week. Seats at a premium end yet is doing only eight perform- ances -a weeic Instead of the nine a smash ^how usually does here. Coming in slowly last week was •AngelaTs 22/ at the Selwyn. Show Intends to continue for at least three weelcs in Chicago. Next door, at th« Harris, 'Kiss Boys Goodbye' Is still on the down- beat, but has its eye on Easter as the time of the perlc-up.. 'What a Life' is getting good comment, but the femme element doesn't seem particularly interested in the comedy about high school activities. Readying for tiie Federal Theatre here are Big Blow,' due into the Great Northern, and the new Shake- spearean repertoire headed by Ian Keith. Much is expected from the Bard revivals, especially with Keith headlining. Estimates for liSst Week 'AnceU Is 22,' Selwyn (1st wk) (1,000; $2.75). Got away slowly. In the black sufficiently with $7,000. 1 Married an Angel,' Grand (2d wk) (1,400; $3.30). Smash of the spring season. Selling out on its eight performances with $23,000. In for a run. •Kiss Boys Goodbye,' Harris (9th wk) (1,000; $2.75). Slumping a bit, but looks for pickup after Lent Still profitable, however, at $0,500. 'Wlut a Life,' ErlangeT (2d wk) (1,400; tl-65). Low tariff no particu- lar inducement Around $6,500. Xmm SLACKENS IN PinSBURGH, $7^00 Pittsburgh, March 21. Not much excitement here last week for Cornelia Otis Sldnner's 'Candida.' Barely. got $7,300 at the Nixon, and most of tliat came from American Theatre Society subscrib- ers, who were offered regular sub- scription reductions on tickets pur- chased in advance. Critics' reactions to monologlst's first appearance locally in a regular clay were mild, and notices didn't help window sale any. Mats had a femme pull, but nights were away off. Estimate for Last Week 'Candida,' Nixon (2,100; $2.75)-^ Just short of $7,300. liOt of that was from ATS subscribers who get seats. If purchased in advance, at 20% reductions. Cincy Limps; 'Kiss Boys' Light $7,500; 'Susan' In Cincinnati, March 21. ' Mid-Lenten hH at the Cox, which relighted last week for a fortnight of legit is limping. 'Susan and God,' current offering at $2.28 top, Is heading for about the same take . as on last week's 'Kiss Boys Good- bye' at the same scale. In both in- stances bulk of trade is from sale of balcony seats. Local (Shuliert) management's next fare will be the Lunts, in reper- toire, week of April 10, at $2.83 top. That engagement will be switched to tiie indie 2,500-seat Taft auditorium. Latter place gets Katharine Cornell in 'No Time for Comedy' for two nights and one matinee April 4 and t at $2.83 top. Cox gets Walter Huston in 'Knick- erbocker Holiday* AprU 21-23 at $3.30 high. - . Estimate tor Last Week ^ -Kiss Boys Goodbye,' Cox (1,350; $2.28). Cricks liked the material, but so-so on the troupe. Fetched . 17,500 light Lent Has Little Effect On 'Streaiii^Mllont't 6G Montreal, March 21. •The Flashing Stream,' here for nve nights and three mats last week, grossed a very satisfactory $6,000 at mid-Lent which is pretty good, for WIS 80% Catholic city. Raves by crix in local press helped. Estimate for Last Week , Tllie Flashine Stream,' His Majes- ty s (1,600; 50-^250). Godfrey Tearle and Margaret Rawllngs built biz irom quiet opening to strong finish. Playing Toronto currently. Lnnts 22G in 1-Niters Davenport la., March 21. Alfred Lunt and Lynh Fgntanne knocked off about $22,000 last week in five stops, winding -up at the Or- Pneum.here Saturday night (18). Other dates were in Wichita, Kansas City, Bes Moines and Cedar Bapids. miteoaks' Wys Up 2 Good L A. Weeb, lOG Los Angeles, March 21. Ethel Barrymore wound up' two profitable weeks Saturday (IS) at the Biltmore in 'Whlteoaks.' House is now temporarily dark. Matinee trade held up unusually strong, but nights kept second week's gross- down. This was Miss BariTmore'i initial appearance here In legit in more than 10 years. Estimates fer Last week •Whlteeaka,' BUtmore (2d-flhal wk) (D-l,65e; $2.75). Eased off somewhat over opener and flnlshed with -around $10,000, profitable. WPA •Biin, LitUe ChUIwi,' Mayan; all- Negro production holding strong, with end not in tight Twc-a-Day/ Bollywood Play- house; 22d week coming up. 'High Tor,' Iselasco. PluDy; 'Hofiday Scores. $19jK)0 Philadelphia, March 21. Two musicals, the D'Oyly Carte Co.'s revivals of Gilbert and Sulli- van, and the Playwrights Co. pro- duction of 'Knickerbocker Holiday,' lined up here last week. 'Holiday,' in for one week at the Chestnut Street Opera House, got rave notices and swept through to $10,000. It could have remained to ■ profit. The D'Oyly Carte en- countered the same conditions that have marked its two other visits here. The balcony went clean for the whole weeic, the two matinees were sellouts and so were Friday and Saturday nights. Trouble was In selling orchestra seats at the Forrest for first four nights of the week. Monday and Hiuiiday were particu- larly off. However, first week s mark was $23,800. This week's newcomer is the Mer- cury Theatre — Theatre Guild pro- duction of 'Five icings' (Part I) with Orson Welles. It Is in at the Chest- nut for two weelcs on American The- atre Society subscription. Fact that Welles' radio chore Friday night (17) necessitated cancellation of that night's performance and substitution of Wednesday (15) . matinee meant plenty of headaches for the house in satistying subscribers who held Fri- day stubs. Sale was good and last night's opening, with some natural overflow from the cancelled Friday night show, was big. £stlDut«s for Last Week 'Knickerbocker Holiday,* Chestnut (1;800; $3.30). Rave notices and biz okay from the start' Around $18,000. D'Oyly Carte Co., Forrest (1st wk) 2,000; i3.30). Only weakness was in orchestra first four evenings. Mati- nees and Friday and Saturday nights were sellouts. Upstairs was packed all week; $23,800. %m SWELL mAN' OK 4G, L'VILLE Louisville, March 21. Past week was lively for local legit fans, with Tobacco Road,' John Barton playing the lead role of Jeeter Lester, at the National for six days, ending Saturday (11). Full houses were the rule all week, with plenty of standees at ' the Friday night (10) show. Gross was $8,500, with prices scaled from $1.50 down. 'Susan and God,' on two nights and a matinee (10-11) at Memorial Aude, grossed $4,000, malting a total of ^,000 for Uie fuU week. 'Kiss Boys Goodbye' and Katharine Cor- nell's 'No Time for Comedy.' are the only legit shows set to follow this spring, 'Daughter' Off, B'klyn Brooklyn, March 21. Town has two stage versions of 'YeS, My Darling Daughter.' Werba's Brooklyn is in third week with 'Daughter,' and the Shubert reopens tonight (Tues.), after being dark several weeks, with similar produc- tion, featuring Cynthia Blake. Washington Square Players gave one-night performance of 'Comedy of Errors' Saturday (18) at Academy of Music. Mainly subscription biz. Estimate for I 'Women'— Nixon, Pittsburgh. Tes, My Darling Danghter'— Shubtft Brooklyn. Tea, My Darling Danghter*- Werba, Brooklyn. With Income Tax Out of die Way, B'way Soars; Toxes' Ties 'Abe' For Straight Show Lead $19,000 Plays on ftroadway STOP PRESS ^(Continued from page 58) has a few ellective moments as an idealistic r^orter, Tony Kraber is a somewhat staid and colorless city editor. Marguerite Walker Is a deco- rative city room fixture and Ralph Bell manages to invest the hero with reasonable sincerity. Hobe. Please, Mrs. Garibaldi Comedy In three acta by tfary McCar- Uiy; presented by Hall Staalton: ataged by Bhelton; at the Belmont, M. T., March le, '39; t2.30 top. Mrs. Forbes Ulnnia Asha Hill Endora ....Laura Bowman Ethel Forbes Chriatlne Arden Rosa Garibaldi Dorothy Emety OIno Garibaldi Oltwepps Stami Maria Garibaldi Ruth AmoJ Joe Garibaldi Barnard Huxbea Paul Manning William Rica Bertha Coe. Odette L« Roy Mrs. Ogden Gwen Emerson The little Behnont after having grind films for some time, tried a legit show that came oft rather badly. Even a $2.20 top won't help. Tlease, Mrs. Garibaldi' is under- stood to have originated, sans the first word in the title, about eight years ago in a summer hideaway. Play was not rated a Broadway pos- sibility then. Yet evidently someone concerned in the presentation de- tected a faint resemblance to 'Yes, My Darling Daughter,' which has been In the press of late. But other than a mother-daughter theme, there's no similarity. Maria and Gino Garibaldi, of San Francisco, have a daughter, Rosa, who steps off on the wrong foot with Paul and then tells her mother, who's tenderly sympathetic. Rosa avers she does not love Paul, and refuses to marry him. The lad is not hot for the idea either, but papa is -oldfashioned and starts scheming. The Garibaldis have been wed for 25 years and during a good second- act scene the couple recall an inci- dent before they wed that might have matched the predicament of their daughter's. Ultimately, the b<>y and girl realize they love each other. And so the clinch. Play has no sparkle, few laughs and not much acting. It's too short in playing time and to furnish an- other few minutes a treasure hunt which has nothing to do with the story, is inserted, thus adding a momentary character. It may do for tyros but for the professional stage, it might as well Ije skipped. Expected dialects do not material- ize, save tor Giuseppe Stemi, as the father. Ruth Amos, as the mother, does the best job, while Dorothy Emery plays the petulant Rosa. /bee. ^Closed SatuTdav (IS) ajUr four performances; printed jor the rec- ord.) ' Business on Biroadway livened late last week, following IHe annual last- minute rush to pay federal Income taxes. By Friday (17) attendance was exceptionally strong and by Saturday (18) some shows had ex- ceeded their usual grosses. While "The American Way' again flirted wiUi $40,000, and is distinctly out in front of the field, there is a contest for leadership among the drama toppers. 'The Little Foxes,' which has been climbing from $500 to $1,000 weekly, eased past $10,000 and tied 'Abe Lincoln- in Illinois,' which drew almost the exact gross. Rated In third position -among the straight shows is 'Mamba's Daiigh- ters,' with $14,000, the best money the colored show has done. First full week of "The Family Portrait' Morosco, was quoted around $6,000 and the status of the religious drama has not been defl< nitely established. Last week saw two weaklings arrive and swif tiy stop. Tell My Story,' a cooperative affair, goi;^ oft at the Mercury after one show, and 'Please: Mrs. Garibal- di,' which left the Belmont after four performances. Revival of 'Awake and Sing,' Windsor, seems to have attracted more interest than 'Rocket to the Moon,' with wliich It was to alternate. Instead, 'Awake' will be played six performances weekly, with two for 'Rocket' Next week: . 'The Philadelphia Story,' highly regarded out-of-town, will open at the Shubert^ present tenant "The White Steed,' moving again, to the CiOlden; 'The Happiest Days' will open at the Vanderbilt Special Sunday (April 2) showing of 'My - Heart*]; in the Highland^ will be staged 'at the Belasco. An import 'My Aunt of England,' will be given with a semi-pro company at the Heclcscher, a little theatre, on upper Fifth avenue. Estlnuitea for Last Week 'Abe Llneoln In DUnols,' Plymouth (23d wk) (D-l,03e: $3.30). More than held its own; leader topped $19,000, with attendance better after Income tax deadline, 'Boys From Syraense^' Alvin (18th wk) (M-1,255^ $4:40). Slightiy im- proved; had been tapering oS but last week around $23,000. 'Family Portrait,' Mor6sco (3d wk) (D-961; $3.30); Claimed to have picked up after doubtful start; first full week around $6,000; may im- prove. 'GenUe People.' Belasco (12Ui wk) (C-1,107; $3.30). Somewhat better though under pace of earlier weelcs; $9,000; should stick into the spring, 'Hellzapoppin,' Whiter Garden (27th wk) (R-l,e71; $3.30). Musical topper goes along to capacity plus regardless of Lenten season; again close to $33,000 in nine times. 'Hot Hikado,' Broadhurst (1st wk) (M-1,116; $3.30). Presented by Mi- chael Todd; .another jazz version of the Gilbert and Sullivan operetta by colored cast; opens tomorrow (23). 1 Unst Love Someone,' Longacre (7th wk) (C-1,010; $3.30). Cldmed even break last week, which is an improvement; quoted over $4,500. 'Kiss Boys Goodbye,' Miller (26th wk) (C-044; $3.30). With Income tax out of way lower fioor sale is strengthening; around $11,500. 'Leave It to Me,' Imperial (20th wk) (M-1,468; $4.40). Musical smash has not been off much and last week saw pickup, over $31,000. 'Mamba's Danghters,' Empire (12th wtO (D-1,099; $3J0). Best mon^ since opeiiing registered last week when takings approximated $14,0(10 tor colored cast drama. 'One fer the Money,' Booth (7th wk) (R-708; $3.30). Again upward and ticket sale announced up to May 1; intimate musical approached $12,000. 'Osear WUde,' Fulton (24th wk) (D-913; $3.30). Starting to drop but should be among spring stayers; around $8,000, profitable. 'Please, Mrs. Garibaldi,' Behnont Opened Thursday (16); stopped Saturday (18) after four perform- ances; panned. 'Booket to (he Moon,' 'Awake and Sing,' Windsor (18th wk) (Drl,049: $2.20). 'Awake' is the best draw of the dual bill, going on six times last week, $6,500. 'Set to Mnslc,' Music Box (10th wk) (R-1,000: $4.40). After dipping, picked up and registered arouhd $17,500; English revue sintod into the spring. 'Stars In Tonr Eyes.' Majestic (7th wk) (M-1,717; $4.40). Climbed slightly, ' with takings quoted over $27,000; somewhat off early in week but big last half. The American Way,' Center (9th wk) (D-3,483: $3.30), Except for Monday (13), last weak held remarlc- ably and list leader atain went to S40.000. ^The LItUe Foxes,' National (6th wk) (D-l,ie4: $3.30). Climbed further and tied with 'Lincoln' for dramn leadershin; over $]!>.000. The Primrose Path,' Biltmore (12th wk) (CD-Ogi; $3.30). Also bet- ter than previously, around ^XlOO; may move to. the Cort when Tlie Flashing Stream' comes in. The White Steed.' Shubert (11th wk) (D-1,387; $3.30). Slated to move again, this time to the much smaller Golden; $8,000; The Philadelphia Story,' comes here next week. Tobaeeo Boad,' (Forrest (276th wk) (D-1,107; $1.05). About even break* $4 500 •What s Life,' Mansfield (49th wk) (C-1,050; $3.30). Using cut rates but profiting under ~ cast-sharing plan; $4,500. BEVIVALS •Henry IV,' St James (8th wk) (D-1,520; $3.30). Going to road after another week; business has been tapering; around $12,000; more ex- pected for final weeks. 'Ootwsrd Bound,' Playhouse (14th wk) (D-873; $3.90). Slated beyond Easter and may play well into the spring; $8,500. ADDED Tell My Story,' Mercury. Taken oil after initial performance; house dark. 'Fins and Needles,' Labor Stage (69th wk). Unionists' Intimate revue is expected to last through the spring; turning some profit; ap- proached $5,000 last week. Frank Fay VandevUIe, 44th St Business must improve considerably over last week's $8,500 to stick: at- tendance mostly at weekends; $2.75 top. WPA •Swing Mikado.' New Yorker. •Androoles and Lion,' Lafayette. Harlem. •PiBoeohlo,' Ritz. 'Awake and Sing.' Daly's (Yid- dish). The Big Blew.' Elliott Hepburn Paces Boston, $22,000; l.B way Quits . Boston, March 21. 'Philadelphia Story,' starring Kath- arine Hepburn, pulled the top gross here last week, and advance sales in- dicate another smash for the second and final frame. 'Skylarlc,' the C!er- trude Lawrence starrer, is also click- ing in its tryout and 'West of Broad- way,' with Ruth Chatterton, folded Saturday (18) after two pale tryout weeks; 'West of Broadway* was scheduled to play Baltimore this week, but in- stead Producer Albert Lewis has taken it off for revisions. It was to open in New York April 10. Estimates for Last Week •PhlladelptaU Story.' Colonial (1st wk) (1,643; $3.30). Getting support of the Theatre Guild subscrlpuon list this one is attracting a hefty margin. Sold out most every per- formance; $22,000. •Skylark,' Shubert (1st wk) (1,590; $2.75). With stiff opposition this new Samson Raphaelson opus displayed power. Dandy $16,000, West of Broadway,' WUbur (2d wk) (1.227; $2.75). They liked Miss Chatterton in this one, but the play kept it out of the important money. Final week around $4,000. WGS* GETS 114.000 INWASHDifiTORWEEK Washington, March 21. 'Five Kings', stirred up plenty in- terest here. Critics implied it was long, and some even hinted it was boring in spots,, but all agreed it wa< spectacular and blgtimc. . Current is 'Candida,' with ComeUa Otis Skinner. . Estimate for Last Week 'Five Kings,' National (1,698; $2.75 top). American Tliealre Society subscriptions and advance accounted for nearly all the $14,000 total. 'Women' lOG, N. Haven The Shubert opened up after a dark spoil with a week of "The Wom- en' at cut prices. Following a mild Monday-Tuesday, house sold out thereafter. Other bookings at the Shubert in- clude the San Carlo Opera Co,, March 27-28, and D'Oyly Carte week of Apr.'] 10. E' ".•nates for Last Week 'The '.7 -men,' Shub'rt (1,600; '11.65). Built to around $10,009, fair at the scale. 60 VARIETY LITERATI Wednesdaj, March 22, J939 Lena Mags Increase Continued growth of photography as a hobby prompting a record num- ber ol mags on the subject. Around a dozen periodicals now catering to the lens hound, with more on the way. Even a digest of the photo mags, tnd that means that as a mag gubject it's definitely arrived. Until photography assumed the proportions of t craze, there'd been two or three periodicals covering the hobby. Staid and conservative to a degree, they went at it ponderously. Newcomers, ' however, consider leg art necessary to illustrate most every phase of photography aid, and the old-timers have been forced to follow suit after a fashion. . Photography mags not to be con- fused with the so-called picture periodicals. Latter merely give -the news in pictures. Photography mags supposedly tell how to make better t>hotogger8 Hearst's 1938 ProBts . Nine mags published by Hearst had an operating profit of $3,355,448 in 1938, and a net profit of $1,850,905, according to statement of operations Issued by Richard E. Berlin, execu tive v.p. of Hearst Magazines. Statement discloses Good House keeping had an operating profit of $2,583,202; . Cosmopolitan earned $393,857; ~ Harper's Bazaar showed profit of $480,416; Motor earned profit of $105,408; Motor Boating had profit of $64,374, and American Druggist, American Architect, Town & Country and House Beautiful operated at a total loss of $271,809. Pointed out that although 1938 was a generally tufavorable year for the pt^lishing biz, circulation of the Hearst mags set an all-time high. Earnings for first quarter of 1939 claimed showing a substantial in- crease over similar period last year. ro«t-Gasett« Okayi GoUd NliRB election held last week by all editorial, business and circulation employees of Pittsburgh Post-Ga' zette named American Newspaper Guild solb bargaining unit for those departments. Publisher had ques- tioned Guild's right to make de- mands for other than editorial help, and vote was called, final tally 90 . to 58 for the GuUd. Current P-G contract expires next week, and Guild Is asking general Increases all along the line, together with added vacation time and bonus ^iirmiagiia, Management has offered a counter-proiwsal, main point being refusal to grant Guild shop, and ne- gotiations are currently being car- ried on day and night JToumal-Amerk as Tab? Report is that the N. Y. Journal- American will go tab, anticipating the afternoon tab for the metropolis on which Edward Stanley and his associates are now engaged. Pic- torial front page. Inaugurated re- cently, said to be a buildup for the changeover, iithlch may possibly go Into effect at about the time of the oiwning of the World's Fair. Cliangeover from standard size paper to tab already tried by Hearst In the- case of the present strike- bound Chicago Herald and Exam- iner. That dally said to have prof- ited by the switch until the News- paper Guild called the present.strike. N. Y.'s first and only afternoon tab was the old Graphic. day (18) by J. David Stem for the New York Post and its subsidiary, Publishers Service Co. FTC charged that the Post, in advertising diction- aries as premiums, stated they had gold or gold leaf on page edgies and on the cover printing. By the agree- ment, the Post in the future will make no reference to gold in connec- tion with the books. Same holds true of promotion and advertising material sent out by Pub- lishers Service, which sells the book deals to other papers. Romp Union Hove Rapped Heavy penalties were imposed by trial board of the Philadelphia- Camden Newspaper Guild on seven Camden gulldsmen prosecuted on charges of attempting to establish a rival union in the Courier-Post edi- torial department Fines and sus- pensions were laid down, but the suspensions were suspended so that the accused maj keep their jobs in the closed shop during good be- havior. ' . All defendants said they would ap- peal to a special meml>ership meet- ing. GrlersoD Controls Spragne Control of Sprague Publications acquired from GrUfith Odgen Ellis by Elmer P. Grierson, company's business manager since 1921. Grier- son, who joined the concern in 1914, became prez. . Ellis retains connec- tion with the organization as chair- man of the board. Principal mag Issued by Sprague Is American Boy, of which Ellis lias been editor since the peridoical's in- ception in 1899. Likely that EUis wUI step down from his editorial post shortly. Plays In Books N.O. Drama Magazine has folded after vain attempt to sell plays as reading matter. Publishers of the periodical learned what book publishers dis- covered long ago— that with the pos- sible exception of the classics people will read plays only if the stage works have done well on Broadway. Purpose of Drama Magazine was to publish for reading stage pieces that might be regarded as literature. Not enough readers to determine whether the plays were literature or not lumbus, Ohio, he came to N. Y. and served on the old World and Morn- ing Journal. SubsequenUy became publisher of the Vintage Magazine. Survived by his widow, two brothers and three sisters. Herbert R. Bailey, 45, managing editor of the British United Press, died Saturday at his home in Brigh- ton, England. During the war and after he served as special corre- spondent for a number of American newspapers, .including . the. N. Y, Times and Sun and the Philadelphia Public Ledg)fr^..Wlfe.indU.(laiiShter survive. ' ' ' " ' " • Paul A. Weadon, 59, vet newspa- perman and fiction writer, died last week at the home of a daughter in Philadelphia. Beginning his news- paper career 35 years ago, Weadon served as night manager of the AP Philadelphia bureau sind on the staff of the Philadelphia Public Ledger and inquirer. Mrs. Mildred Doherty, 41, wife of Edward Doherty, author, was found dead March 15 after a fall into a canyon near Los Angeles. Before her marriage she wrote S newspaper column under the pseudonym of Mildred Spain. Surviving are her husband and two children. • Antony Anderson, 76, art critic, died March 12 at Hermosa Beach, Cal. Before his retirement in 1926 he had written on art topics for the A. Times for 25 years. G. Derby White, 69, prez of James White & Co., N. Y. book publish ers, died last week at his home in Ridgewood, N. J., of a heart, attack, Charles W. Be«k, 88, owner of the Beck Engraving Co., Philadelphia, died in that city on Saturday (18), 'Honest Mistake' Loophole Newspapers will get a better break under Georgia libel laws which was amended In the legisla- ture Ipst week. Under terms of the biU passed, news publications will get some measure of protection in cases of 'honest mistakes.' Law now is that 'persons believing themselves to be Injured must give publications notice five days before ' suing. If a publication makes re- traction within 10 days after receiv- ing notice from' complainants, and where the matter is shown to be an honest mistake, only such special or actual damages as can be proved may be awarded.* Reporters' Groups Elect Two.N. Y. reporters' groups have elected officers, the N. Y. Ship News Reporters Assn. re-elecUng T. Walter Williams as prez, and the N. Y. Hockey Writers Assn. naming James Hurley to Its chief office. Other officers of the ship news re- porters group are Emmett V. Maun, y.p.; James A. McCloskey, treasurer, and Frank Reil, secretary. James Burchard was elected v.p. of the hockey writers, and William J. Pow- ers, treasurer and secretary. 'bletlonary Not of Gold Agreement with the Federal Trade Cpmmission on alleged misleading advertising in connection with give- away boolfs was reached^ On, Salur- New Book Fim New book-publlshilig house to be known as the Blount Book Co. has been formed by Joseph B. Riley, Jr. Policy will be non-fiction, with spe- cialization In books on general world events. Starter Is a volume entitied The World in Brief,' ready tor distribution sooa Riley, besides heading the new firm, is also editorial director, Spokane Loses Press Scripps' League paper, Spokane Press, suspended pidbllcaUon perma nently March 18, concluding 37 years continuous publication. Reason given was prevailing costs of opera- tion. Burden of taxation. Cowles Morning . Spokesman-Re view and Evening Chronicle now command Spokane. NEW PERIODICALS Photo Teohnlqae, n^onthly mag, which McGraw-Hill Publishing Co. adds to its strlnig of jpublicatlons in June. Keith Henney to edit with Beverly Dudley as maiiaghig editor, Howard Mateer and Wallace Blood also on mag staff. Science Observer. Is new monthly newspaper Interpreting science for the layman. Content half pictorial and "half editorial. Publication office in N. Y. Editor Is Howard C. GU- lespie. LITERATI OBITS THIS WEEK OrvUIa A. Welsh, 44, copy editor on the N. Y. Dally News, died Fri day after a two-year illness. Native of Honesdale, Pa, he caine to N. Y. in 1922, serving on the bid Graphic, Morning World and American be- fore joining the News staff in 1927. Previously he was with the Scranton (Pa.) Tribune and News, Philadel phia Press and Cleveland Plain Deal er. Survived by a daughter and sister. Balhertord Hayner, 61, associate editor of the Troy (N. Y.) Times- Record, died Wednesday (15) after lengthy lUness. Editor of various papers, Hayner johied the Troy Times in 1900. Retained his connec- tion with the paper when it- was merged with the Record. Besides his newspaper work, he was also an- noimcer and program director for the Rensselaer. Polytechnic ItisUtute Radio Statioa Clarence E. Sweesy, 77, former newspaperman and mag publisher, died last week at his home in Hunt- ington, N. Y. After early newspaper experience in Roanoke, Va.-, and Co AGMA'Mgt. Pact Looms (Continued from page 58) CHATTER Auguste DuBlols gets in from Paris next week. Fame. Pearl Buck has had a flower named after her. CHaude Fuess to Rochester for the Andover reunion. Frederic Prokosch In Mexico, at work on a new novel. Maurice Thompson Moore added to the board of the Luce mags. Stanley and Alfred Sllbey have formed the Columbia News Service. Bennett Cerf has signatured Chris- topher Isherwood to a long-term contract Faith Baldwin luncheoned by the Stanley Rineharts before leaving for Australia. Wolfe Kaufman wrote a piece titied 'Pictures Versus Radio*^ for Ken magazine. Denis Hendricks, one of the Grey- stone Press' execs, marries Tina Ap-_ pleton soon. Elsviryth Thane, who Is Mrs. Wil- liam Beebe, has had a novel pub llshed, -Tryst' Marilyn Peabody SUllman has joined the House of Field as asso- ciate editor. Rose Williams, of the Vogue staff, becomes the bride of Frank Eliot Sweetser In May. Theodore Laymon, of the N. Y. Herald Tribune staff, and Latha Rone Vance wed. Wife of Rollin G. - Osterwels has presented him with a second daugh- ter. He's the novelist Viking putting seven short novels, by Ben Hecht into a single volume for publication in June. Jack Francis Is writing a book on his experiences as a Broadway re- porter in the early 1900's. English rights to Edwin Lanham's The Stricklands' have gone to Heinemann In London. Frank P. Dierer up and about again after a six-month Illness^ and resumhig his scribbling. Nat J. Perber's new book, 1 Found Out' published by Dial Press, hits bookstalls next month. Hal Borland, of the N. Y. Thnes Sunday staff, has sold ahother short story to American Magazine. Knopf will publish the collected poems of John V. A. Weaver, with a foreword by S. L. Mencken. . Harcourt.Brace will publish Lewis Jacobs' The Rise of the American Film,' history of the industry! Clarence Streit who was the Geneva correspondent for the N. Y. Times, remaining in N. Y. for a spelL Jean Walker, exec sec of the Acad- emy of American Ppets, guested at a Sarah Wheeler Lenten literary luncheon. E. B. 'White returns to Maine the end of the month, preferring to do his regular Harper's Magazine stint from there. Annual $1,000 award of the Friends of American Writers goes to Herbert Krause for his first novel, 'Wind Without Rain.' Edwin Rolfe contracted by Ran- dom House to do a history of the American volunteers Id the Spanish American War. Richard Hallet in f rom . Boothbay Harbor to visit editors and talk at a closs 'dinner at- the Harvard Club yesterday (14). favorable terms than specified ex- cept upon written consent of AGMA. 6. -All contracts must state the minimum terms upon which artists may be offered for community or civic concerts. If an artist accepts an. outside date for lower terms with- out the' rtianagemtent's knowledge, the management may make that the minimum thereafter. But artists may not accept such ontside dates unless their contracts permit 7. All contracts may be terminated at the option of either party If the artist doesn't receive during any 12 consecutive months' period (begin- ning with the second year of such management) gross earnings of at least 10 times the lowest concert fee or if the management does not set the dates representing at leajst 65% of his total gross fees. 8. Commissions for engagements in the U. S., Canada, Cuba and Mex- ico will be according to the following scale: Pet Concerts other than com- mimity or civic. H Community or civic 15 Ciuest radio (single dqte or series of not more than three) 1' Series radio (more than three) ................... 1" Operatic ' W 9. American Federation of Radio Artists must make an agreement with AGMA not to make demands on the management regarding commis- sions. : 10.. Transportation may not be de- ducted from fees in figuring commis- sions, except for single dates (a) booked by the management without the knowledge of the -tist (b) to be played more than seven days be- fore or after tiie next date, (c) more than 250 miles from New York or the artist's place of residence, the amount for excess over 250 miles to be dedncted In figuring the commis- sion. 11. Unless otherwise provided, nor- mal booking expenses (such as stamps, telegrams, phone calls and stenographic service) to be borne by the management while promotional expense (such as photos, advertising and printed matter) to be paid by the artist But if the management assumes the promotional- expense, commissions may not b« Increased more than 5%. 12. Management may not assign Its artist contract except to a subsidiary, affiliate or successor. 13. Contract may, but need not state person, or persons, of the agency who handles the artist's busi- ness. If so, and the person, or per sons, leaves or becomes incapacitated or neglects business, the artist may cancel the contract after 28 days' notice and after the management has six months to make good. Then the matter must be arbitrated. 14. Management must supply every 90 days (a) a list of inquhries for the artist's services and (b) a report of all activities in the artist's behalt 15. If the artist feels the manage- ment has too large an artist list he may apply for arbitration for the right to cancel, but no cancellation may become effective before June SO of any year, and all prior dates must be flUed. . 16. Artists may have access to their accounts with the management at least twice a year. - - 17. Disputes between management and AGMA must be arbitrated, with the parties sharing the expense of arbitration. 18. Dispute between management and ' artist, must be arbitrated - and AGMA agrees to enforce the deci- sion, 19. Management agrees not to book through any - agency whose license has been revoked, ' 20. Management and AGMA agree to meet for discussions of community and civic concert problems. Man- agement agrees to supply all neces sary information regarding such con' cert activities and agrees not to seek any Increase in compensation during the term of this agreement 21. Management agrees not to pre vent non-management artists from getting and filling community or civic concert dates, nor to discrim- inate against AGMA members. 22. Managements will profit by any more favorable terms.given any otiier concert agencies. 23. AGMA agrees to use Its "best efforts' to prevent AFRA or the Screen Actors Guild discriminating against the managements. 24. AGMA may not strike as long as the managements carry out tiit terms of this agreement 25. Management agrees to use all AGMA members for community or civic concert dates, with the excep> tlon of 10% for the first two yean and 5% for the last three years. But AGMA B^ees to grant waivers in special casies. 26. This agreement' binds all per-* sons who become part of or associ- ated with the signatory manage- ments. (Continued from page 3) pany, N. Y. UA headquarters state that it is not known whether Lon- don Films will continue to produce any more pictures for UA release. According to UA's contract with Korda, the unit of stock owned by Korda and London Films (4,000 shares) becomes the latter's final property only after delivery of 20 pictures, 15 of which have already been delivered, and upon final pay- ments of cash toward purchase of the stock, 50% of which has been paid to date. UA stock presumably will eventu- ally go to Korda and the new pro- duction company. Instead, of London Films. Although the same financial Interests are Involvied in both com- panies, viz, the Prudential Assurance COn of London,, dividends and other benefits 'will not accrue to the Lon- don Film Prods. Ltd., as such, or the Denham Studio Corp. Reason for the dropping of Lon- don Films for Korda Productions is said to have come about from desire of Korda to disassociate himself from the Denham Studio organiza- tion, of which London Films was probably the principal factor. As It has worked out heretofore, while Korda's London Film productions are said to have been profitable (gross revenues of the pictures), such pr^ts 'were alMorbed or eaten up by the costly studio organization and plant Korda's New Co. M-G Convention (Continued from page S) between distributors and exhibitors, and for distributors to keep indies in business. On the clearance question he said that protection rights reside with dis- tributors, but that they have permit* ted circuits to usurp this right He charged that circuit-dictated clear- ance is restraint of trade and monop- oly, «nd asked distributors to regain control of clearance. Cole Is also opposed to stars on radio. 12 PIz In '39-49 Increasing Its 1939-40 program by one picture over this year to a total of 52, Metro will Increase Its budget for the coming season In order to handle an augmented number of large-scale productions. Company is includhig 'Gone With the Wind' in its 39-40 program, announcing the David Selznick-produced film will be ready 'by October. In addition to 'Wind,' high per- centage pictures will Include 'Wizard of Oz,' in color; 'Northwest Passage,' 'Quo Vadls,' 'It Can't Happen Here' and 'Ziegfeld Follies,' among others. Metro is raising Mickey Rooiiey and Lew Ayres to stardom, giving company ai total of 24 artists getting' billing above the titles. Number of featured players under contract la 62, while the director tally at pres- ent is 24. William F. Rodgers, general sales manager, presided at the three-day sales huddle which ended yesterday (Tues.) and for the first time ini- tiated a policy of an open forum on distribution policies by Inviting leading representatives of Indepen-. dent exhibitor organizations to at- tend the sales convention. A strong force in the cementing of better re- lations between distributors and ex- hibitors, Rodgers is spokesman and a prime mover in negotiations looking to the adoption «of a trade practice program. He is expected to plunge h'tc the latter situation on his re- turn to New York this week. The Metro shorts schedule for '39- 40 wiU be cut to 79 subjects, 13 less than this seasoa Program 'will in- clude six two-reel dramas and eight Our Gang comedies, while the rest will be made up of single-reel shorts. Weanesday, Mafcb 22, 1939 CHATTER VARIETY 61 Broadway Binnle Barnes to Havana. Ed Wynn back from Bermuda. Bonnie Ames back from Florida. Jay C. Flippen feted by Friars Sunday (19). Bayard VeiUer recovered from double pneumonia Roy Haines on a swmg around the garner exchanges. ^, ^ _ Mischa Auer in town on his first IJ.T. visit in 11 years. Abe Cohen resumes managerial dutiK with 'HeDzapoppin'.' Dick' and Sherri Bereer, both downed with flu. are better. Chic Johnsons' daughter June Bolng Into 'SUeets of Paris.' Jtonie Grosslnger out of the h»s- biS. Going south to recuperate. ^ ttltUe BSbom, of NIA Schenck's office, back from a monttt's vacation. Stuart eioete gets in from the Ba- hamas soon with the script of -a new ""StooUc Actors Guild will hold 25;h anniversary dinner at the Astor Aoril 16. Ruth Schwerin back at her Mono- etiuii desk after three weeks in the "Ab^^iEnHowltz, of the National theatre, out of hospital after serious Ihioat infection. Walter Trumbull, assistant to Will H»s, back at bis desk after being bedded by 'flu. Bob Savlni to Buffalo, Cincinnati and Cleveland for Astor Pictures franchise confabs. Sol A. Rosenblatt, theatrical attor- ney, due to sail for home Friday (25) after six weeks in Europe. Beth Brown has completed drama- tized Version of her novel, 'River- aide Drive.' Took five years. Bob Miller, prez of the Profes' sl(H>al Music Men, left for the Coast Saturday (18) on PMM biz. LeRoy Prinz, due to arrive this . week from the Coast will put on the late spring show at the St. Regis Roof. Arthur Michaud back from Chi' ' cago where Gene Krupa's crew opened the 11th in the Sherman hotel Charles O'Reilly, former head of New York City's Motion Picture Theatre Owners Assn., back from Miami. . Playwrights' Co. moving lis office about May 1 from Park avenue, probably to the International Build- ing, Radio City. . Robert Buckner, co-author of . "Primrose Path,' is growing a beard. He's unable to shave because of a ikin infection. Mrs. Y. Frank Freeman, wife of Faramount's studio head, left New York last night (Tuesday) on re- turn to Hollywood via Canada. Lester Thompson, head of adver- ' Using advisory council of Motion Picture Producers and Distributors Assn., seriously ill with grippe. Celia Caroline Cole, who used to •id Adolph Klauber when he was drama crick for the N.Y. Times, de' veloping into a top-flight flctioneer. Margot Johnson, v.p. of Ann Wat kins, Inc., literary agents, sailed Sat- urday (18) to negotiate book deals with Paris, and London publishers. Paul Oscard, back from London, where he staged a revue for Music Corp. of America. Mulling deals for Hollywood or the New York World's Fair. Bemice Judis, head of WNEW, trained out Sunday (19) for a va- rash and swing around indie sta nons of midwest and northeast. Will • be gone 10 days. Burgess Meredith and Sheridan ■ Gibney, screenwriter, received hon- orary degrees from Amherst College at dedicatory exercises of the new Kirby Memorial theatre there last week. Johnny Barnes, the blond 22-year- old hoofer who has attracted Broad' jwiy attention in Frank Fay's Vaude VUle show, is entirely self-taught in dancing. He was until recently a >>>oc. salesman. Bert Lown, reorganizing an or- chestra after booking and managing gr several years, plays his flrst date nlday night (24) at the Waldorf for ■me International League of Avi- ators banquet, to be attended by Mft P. D. Roosevelt Hild furor was caused during the gpenmg performance of TeU My . 5»ry,' at the Mercury last Wednes- "•y night (15) when persons in the audience lighted matches to read the program and were audibly reprl ""•nded by several critics. Kirsten Flagstad made three visits g« week to the Persian Room of the i^laza hotel to hear Jane Pickens juut, 1 Can't Give You Anything but Wye the 'way Wagner might have written if Hot Springs vacash. Likewise Les- ter Krieger. WB booldng chief. Frank McNamee, local RKO chief, succeeds Harry Bodkin, UA head, on the Will Rogers Memorial committee. Simon Libros, prez of National Poster Association, and head of Na- tional-Kline Printing Co., ill in a Florida hospital. News theatre reviving 'Naughty Marietta' this week as « result of publicity local boy. Nelson Eddy, got at his Academy concert Thursday (16). . Joe Van Haute upped to managing director of W3XAU, short-wave sis- ter to WCAU. Teams with Spanish gal)ber, Nicholas Pedroso, on pro- gram planning. Shakeup in the exec staff of the Philly Record sends Bill Driscoll, night city editor,' to' the sports desk as executive editor under S. Davis Walsh. Stanley Toulson, assistant on the city desk,- steps into DriscoU's Job, whUe Art Rlordan is shifted from copy dedc to Toulson's former spot By Herb Golden bzy Hhrst back from Florida, re "^iWea from iDness. '^^em ^plegate back managing Metro sales force after three weeks Of Florida. iJSSf* ScuUy, of M-G. back after '?>rny iUness. Also BUI Fishmen. of ft* Cayuga, ^Ivia and Maurice, pro deaf-mute ^f^room duo, entertained at Friends the Deaf banquet Sam Gtosb, 20th-Fox exec, off for London By Hal Cohen Harry Feinstein and Benny Ani- dur off together for Miami. . Joe Kauffman back at his U ex- change desk cfter a tussle witli flu. Ann Corio cracked b.o. records for the season at the Casino last week. Eloise Drake win sing lead in Playhouse's .flnale, 'Meet My Sister.' William Penn hotsl set up. a big cake' for Bernie Cummins on his 37th birthday. WB receptionist Carol Thompson and George Holmes were married last week. Artie Spector in Kingston, Ja- maica, for couple of months doing nitery m.c.'ine Pittsburgh Drama 1 .eague reviving annual Littie Tlieatre contest after two-year lapse. John Ball has Joined Lew Lefton's Monarch exchange to work on spe- cial «xploltation. Al Fremont's orchestra being booked by Joe Hiller'into theatres in tri-state area. Martin Fallon to d.'rect Pitt Cap and Gown show and Ruth Miller will stage the numbers. Playhouse actress Billie.MulviltiU and Bob McKee, chief announcer at WCAE, have announced their en- gagement Charles P. Johnson, editorial coK umnist for Pittsburgh Press and with that Scripps-Howard daily for last 10 yeai^ has resigned to join West- ingnouse company's publicity de- partment Havey Boyle, sports editor of Pittsburgh Post-Gazette, has just been confirmed by Pennsylvania Senate to one of three state boxing commissionerships. He'll hold down Ixithjobs. (Keveland By Glenn C. Pollen Stan Jabin back from Miami with blueprints for another nitery. Frank Drew, M-G branch man- ager, off to Florida for rest. Jack Sogg, M-G salesman, re- covering from mastoid operation. McConneU's ' Playhouse preparing 'Of Mice and Men' for March 30. Sid Andbm using cane since col- liding with WGAR's mobile truck. Gracie Barrie visiting hubby. Dick Stabile, who's at the "Terrace Room. H. K. Carpenter, WHK manager, flying to Florida and New Orleans for rest.' Gene Erwin's band back at Little Cafe, where he stayed six months last season. Abe Sachs got his Village nitery reopened after going through finan- cial reorganization. Bill McDermott. Plain Dealer drama crick, finally .received visa for trip to Russia. Pickets yanked from Playhouse by musicians' union during its confer- ence with theatre directors. Bill Blair, Sid Andorn and George Gilliam organizing Press Club for theatrical and newspaper gentry. In June, Eileen Joyce, singer at Gourmet club, will become Mrs. Ron- nie Wolfson, wife of local attorney. Ken Means, of the Palace theatre, sick with flu. Nat Holt recovered in time to greet wife on her return from Frisco'. Sydney By Eric Gorrlck Gordon Ellis. British Empire Films, home after product trip to England and U.S. •Cowboy and Lady' (UA) hasn't proved to be the hit anticipated in this spot. Harry Howard producmg a second edition of 'Hollywood Hotel' in Mel- bourne for the Fullers. , . ^ 'Idiot's Delight,' after a weak start, doing well in Melljourne for Austra lian-New Zealand Theatres. Hal Carleton scripting for George Wallace comedy, "Gone to the Dogs, being floored by Clnesound. Tipped that when Zane Grey gets Uuough with his Ashing here he may take a shot at picture production. Stage presentations sUU gaining in popularity and it's expected that y.S. acte will find plenty of playing time in Sydney and Melbourne during the Winter. Mtx Weldy to Paris. Clifford and Marion to Paris. Magda Kun and Steve (Seray in marital split Valerie Hobson to marry producer Anthony Havelock-Allen, Albert Tavel joining the Rotten- berg & Golden agency, Paris. Frank Owen, off to Monte Carlo with Lord Beaverbrook, his boss. Viennese author, Robert Neumann, applying for British naturalization, Maurice Colleano framing a vaude- ville unit to toiir England in tlie fall. Calgary Bros, af The ABC Paris for three, weeks, opening March 31. -Music Corp. of America staging the next floor show at tl>e Paradise club. George Ayre has quit the Mc- Queen Pope office and joined Ron- ald Strode. Wini Shaw on flying trip to Paris with husband, end both sailing from there to New York. Burton Brown (Derickson and Brown) has quit show biz and joined a firm of stock brokers. Alfred Zeitiin is the sole booker for the Imperial new $500,000 legit house erected in Brighton. A. L. Cranfleld, former editor of Daily Mail joining the Evening Standard as managing editor. . Bela Lugosi to star in Edgar Wal- lace's 'Dark E^es of London,' which Argyle Films is doing for Associated British. *The Fotir Just Men,' a Michael Balcon production, has come off the floor at Ealing stutbos and is being edited. Billy Bleach managing Tom Ar- nold's ice show, 'Switzerland,' which has left for tour to Africa and Aus- tralia. Former Casanl club is latest to join the Bottle Party clubs, with Oliver Wakefleld as the opening headliner. Having been associated in several business deals, the McAIpines and the Ranks are now joining hands maritally. Patrick Home in Hollywood trying to get Tullio Carminati to star in a London musical being written by Romney Brent ' Grand -National (London) doing another of the Edgar Wallace 'Mr. Reeder' series, with Will Fyffe in his original role. Buster Shaver had to cancel part of the week at Empire, Kingston, be- cause Olive Brasno, one of the midgets, caught flu. Harry Roy likely to be the regular band at the London Casino when Clore and Esdalle stage their flrst show there next month. David Rose turned down offer of syndicate, which wanted to lease Paramount's Charlton as legit house, owing to film commitments. Quentin Maclean, organist for Hyams Bros., at the Troc, signed for Ideal Homes Exhibition, Earls Court for a month. Opens April 11. George Sanders coming over to star in Radio Pictures' 'A Saint in London,' with David Burns to have second lead. William Sistrom to direct - Gwen Farrer considering the re- vival of 'Wonder Bar,' which she partly financed about eight years ago, when it was produced by Andre Chariot Barre Lyndon's new play, The Man in Half Moon Street,' opens at the New today (Wed.), after pro- vincial tryout. Stars are Leslie Banks and Ann Todd. Albert de Courville to direct 'An Englishman's Home,' meller classic in which (Serald du Maurier ap- g eared some 20 years ago in the West nd. United Artists to world-release. Billy Bisset has signatured Fred- die Gardner, sax player, who for- merly featured own combo for BBC, and Bruce Campbell, frombonist for- merly with Hylton and Harris bands. Screen Pools, Ltd., which Jeffrey Bernerd and his associates sold to Lew - Jackson, has been sold again to Vernon's Pools. Jackson is under- stood to have made a profit of $751000. The Parliamentary Stage Commit- tee secured the signatures of 400 members of Parliament to a petition to the House of Commons asking for the abolition of the entertain- ment tax in flesh theatres. Negotiations going on between Lou Goldberg, Major Bbwes' general man-, ager, and George Black to bring over' a Bowes unit here for the next Pal- ladium 'Crazy' show, with Bud Flan- agan to enact the major's role. The 'Lola Montez' musical, written by Eric Maschwitz, with music by Edward Horan, and which was in- tended to be done by Gordon Har- bord last year, with Mary Ellis star- ring, may be done this year with Evelyn Laye. in time for reopening «f his spring stock burlesque season at Gayety. Walter Branson and Harry Mi- chaelson, RKO district and short subjects' manafers, respectively, here for sales' meetmg. Angus McDonald, East Grand Forks, Minn., exhibitor, stopped over en route home after vacation in Texas and California. Steve Hollander, M-G booker, quitting for furniture business in New York. Succeedcid by Verne Smith from Milwaukee. SWG Votes (Continued from page 5) By Lea Bee« Harold Wolf, RKO Winnipeg branch manager, in town. Charles DuRyk, National Screen division head, in f roni Chicago. Riviera, St Paul, boosted scale from 25c to 40c for 'Pygmalion.'- Eddie McErlaine, formerly with Warner Bros., is new RKO booker. Moe Levy, 20th-Fox district man- ager, to Hamilton, Ont, to attend ; the funeral of. his mother. I Myron Adcock, WB salesman, marooned for two days by snow drifts on North Dakota farm. I Harry Hirsch back from Arizona Council had proposed to have ,^ts members take an oath not to dis- close business transacted at meet- ings. The Screen Publicists Guild will open n,egotiations this week with Pat Casey, producer labor contact Pro- ducers agreed to parley, but stipu- lated no contract would be inked until the National Labor Relations Board handed down a decision on the petition of the flacks for cer- tification as bargaining representa- tive. AFA's Deadline - The Los Angeles chapter of the American Federation of Actors has flxed AprU 15 as deadline for all agents to "secure a license from the AFA. Under new agreement, book- ers will be held responsible for sa^ ary of performers on club dates. This pact replaces the old franchise agree- ment which expired Dec. 31. New wage, scale of $40 for chorus and $50 for principals was announced for Class A hotels, supper dubs, the- atre cafes, productiMi type shows, ice sho'ws and unit and road produc- tions. New classification was also adopted providing for a scale of $30 for Class B niteries and $35 for Class A night clubs. John H. Corcoran, AFA represen- tative here, announced that actors will be permitted to book direct ex- cept in restricted flelds, such as the- atres, club dates, etc. Agents wUl be required to book only bona flde AFA members In good standing and all contracts must have AFA ap- proval " The AFA also has launched a cam- paign to eliminate'bingo, screeno and other games from film and vaude- ville houses. Support of Mayor Bowron and police department has been asked. The police have b^n ordered to take action wherever the- atres are violating the law. Move is said to' have the support of. inde- pendent flieafre owners, who are anxious to get rid of giveaways if all owners will agree. The Society of Motion Picture Film Editors has raised its initiation fee for editors to $500. Fee for as- sistant cutters will be $350 and $250 for apprentices. Old fee was $100. Ed Hanan, Society prexy, said move was made to raise, funds rather than to Djake it difficult for beginners to enter industry. The Labor Capital Committee of the State Assembly has reported fa- vorably on bill of Jack Tenny, mak- ing permissive instead of mandatory the reference of private employment agency disputes to the State Labor Commissioner. Similar action was taken on the bill of Senator Robert Kenney amending the state labor code to give Screen Actors Guild authority to arbitrate differences be- tween flim and radio agents and their clients. Such disputes are now conciliated by the Ijabor Commis- sioner. Adoption of the Kenney amend- ment will remove the last obstacle holding up completion of the agree- ment between the SAG and the Artists Managers Guild for licensing of. all agents. . Fred W. -Beetson, secretary-tneas- urer of Association of Motion Pic- ture Producers, has returned to his desk after an extended vacation in Honolulu. Executive is expected to arrange for an immediate meeting of Producers Association to ap'prove pact with the Screen Directors Guild and to discuss proposed contracts with the writers, film editors, set designers, script clerks and publicity writers. Right of a labor union to disci- pline its members was upheld by Superior Judge Clarence Hanson in suit of E. H. Bookasta, an extra, against Screen Actors Guild. Book- asta was denied a man(*amus to force SWG to reinstate hmi follow- ing his suspension on a charge of couduct unbecoming a Guild member. Judge Hanson- ru)ed that so long as the . by-laws of an organization were in proper' order, and a com- plainant bad accepted them by be- coming a member, the courts had no jurisdiction to interfere. Sam Katz down with fiu. Kay Mulvey out of hospital. Howard Hughes in from Texas. Harry Himter in from Au:::j.'alia. Richard Wray back from England. Mitchell Gertz recovering from flu. BarUett Cormack back from New York. Burns Mantle looking over Holly- wood. Hermes Pan back f^om Tennessee vacash. Marian Marsh burned by gas ex- plosion. Joyce Robb divorced James H. Sigman. Martha Raye to Salt Lake City for personal William Anthony McGuire home with flu. Weldon Heybum. granted default divorce. ' Richard Greene laid up with ear infection. Louis B. Mayer laid up with throat infection. Alexander Woollcott in from Broadway. John Beck, Jr., joined Music Corp. of America. Carroll Peacock to hospital with heart attack. Harlan Hbbba joined. Paramount publicity staff. Oscar Oldknow back from tour of south and east Anne Morgan gandering studios in tow of Sam Katz.' Clay Hake here frast five years a member of the Nova Scotia Board of Film Cen- sors, has been given up as dead in the Queen hotel fire, Halifax, N. S., which snufled out at least 28 lives (no definite check on number). Caldwell had been active in pro- vincial politics and . was a former member of the Nova Scotia Assem- bly. WILFBED SHINE Wilfred Shine, 76, veteran stage actor, died In Kingston, England, March 14. Hailing from Manchester, he niade his first appearance in pan- tomime there, then toured in stock and played in all types of shows. In- cluding burlesque and comic opera. Of late he had appeared in films, had written for radio and played for television. IN HZaiOBIAM In U«mory of 117 Dear Hoabahd WILLIAM S. HENNESSY March 21, l»l Never iergotten b7 hia lovlns wife MALVERN quently movM into the picture field as> press agent for nianhouser Pic- tures. He then formed his own public relations - agency and served most of the major film companies in that capacity. Surviving are his widow and three ions. KATE HOWABDE Kate Howarde,' 70, playwright, aC' tress and producer for more than 50 years,- died in Sydney, Australia, Feb, 20. Miss Howarde made her stage debut with the late John F. Sheri- dan. Her local cmiiedy, 'Possum Paddock,' had a two-year run throughout Australia and New Zea- land. She .made a trip to the U. S. with her own. play, 'Rising Tides,* but the Sah' Francisco earthquake hit on the eve of play's opening and she was forced to return to Aus- tralia. In later years she played a couple of shows for the Fullers, and just prior to her death tvas contemplating entering the picture production with 'Possum Paddock,' with backing from Stuart F. Doyle. JATNE JABBELL Jayne Jairell, 60, Pittsburgh book- er, in that city, died March 15 after a three-month illness. Stricken last FBAMK N. HEARN, Jr. March tt. Uit Mr Darllnc Boy SAvlag toreTer In the heart of MOTHER winter, Mrs, Jarrell had apparently recovered and was about to set out on a world tour in January when she suffered a relapse. Originally an agent for fair and amusement park acts, she branched out several years ago and had been servicing night dubs and theatres, too, In addition to producing units for out-of-town houses. A son and daugliter survive. • LEONA THDBBEB Leona Thurber, 63, former vaude- vlllian and in musical , comedy, died March 16 in Hollywood, after a long illness. Best- known in musicals as the lead In ' 'Coming Thru Rye,' she later formed a vaude act, 'On Shop- ping Tour,' with Harry Madison, 'whom she later married. He died three years ago. In retirement past 10 years, she had been active in Troupers Club and other local theatrical organiza- tions. lOSEPH HOWARD Joseph Howard, 45, Milwaukee night club operator, died March 12 in Hot Springs, Ark., as the result , of a heart attack. He was owner of the Casino, Milwaukee, and co-pro- prietor with Louis Simon of the Chateau Club there. Widow, three brothers- and four fliatcM. jmrylve*. STEPHEN H. ELLEB Stephen H. Eller, 56, a founder of H E. R. Laboratories,' Inc., N. Y. negative developer, more- than 15. years iago,'died in New York, March 15. An executive of the company, Eller had been in iU health for some time. Survived by widow, brother and sister. Fimeral services and burial took place in Milwaukee. BOCCO CONTINI Rocco Contini, 29, concert tenor, of Dover, O., was fatally Injui^ed March 14 in an automobile-truck collision near Martinsville, HL, in which four other persons, all of New York, were injured. He was a member of the Seagle Concert Singers. His father, five brothers and two sisters, all of Dover, survive. SABICEL BACK Samuel Back, 56, associated with the Rome Tbeatres, Baltimore chain of nabes, died in a Baltimore hos- pital March 16 after a brleljllness. Survivors are a daughter, Ijaurine Back, wife of William K. Saxton, lioews's city manager, and Veon Back, film booker and supervisor of Roma theatres' house managers. BIANUEL R. M^LPICA Manuel Romero Malplca, 64,- Mexi- can 'grand Opera baritone, who per- formed in the United States and Europe and was awarded a gold medal by his government last De- cember for advancing singing cul- ture in Mexico, died in Puebla City, Mexico, March 7. Widow survives. start production on 'Oom Paul,' deal- ing with Paul Kruger, president of the Transvaal during the Boer re- gime. ERNEST OABBISON Ernest S. Garrison, 49, legit player, died March 14 in Los Angeles. He had been on the stage SO years. Surviving is bis widow. LOUIS BCCKUS Lrouis Backus, 74, for years a stage- hand in. Philadelphia legit theatres, died March 17. A sister and brother survive. Carleton DIeklnson, 22, U. of Kan-, sas student, .son of Glenn Dickinson, Lawrence, Kas., owner of a chain of theatres, died March 10 from in- juries received in an- automobile ac- cident early Saturday (18) morning. Two other K.U. students were killed when the car in which they- were riding crashed Into , a filling station pillar. BlU Wise, 42, new^aperman-pub- llcist died March 18, 1939, in Los Angeles, from auto crash Injuries. He should not be confused with publicist of same name who is with Margaret Ettlnger's Hollywood of- fice. Mother, 70,. of Sam and Irving Tishman, vaudeville booker .and agent, respectively, died March 16 in Chicago. Mother, 83, of MUtpn Rogasner, operator of the Iris theatre, Phila- delphia, died in that city March 15. Daughter also survives. William H. Carr, head set dresser at RKO, died March 16 in Holly- wood. He had' been connected with studios for 20 years. Mother of Arthur Levy, exchange manager for Columbia Pictures in Pittsburgh, died at her home last week in Hamilton, Ontario, after a brief 111n«*ss, Mrs. Oeerge Hall, wife of the or- chestra leader, died imexpectedly of a heart attack March 15 in New York. Survived also by mother, two sisters and a brother. RUPERT F. COX Rupert F. Cox, 60, Ohio ballroom, operator and identified with the out- door amusement field for more than 25 years, died Marck 16 at his home in Mansfield, O.. after a brief ill- Widow, two sons and four daugh- ters survive. MICKEY MoOARRY Mlck^ McGarry, vaude performer for more than' 35 years, died in To- ledo, O., March 16. For the past seven years he had been conducting a dancing academy in Toledo, Widow, a daughter, three sisters and' two brothers survive. FRED R. CANTWAT Fred Robert Cantway, 56, stage and screen player, died March 12 in Hollywood. . Surviving is his widow. Amy. Stowker Cantway, actress. AOOSTINO BORGATO Agostlno Borgato, 65, ctiaracter acr tor, died of a heart attack March 14 in Hollywood, Before coming to America 14 years ago he had played in Italy and Eng- land. PHINEAS W. RILEY Phineas W. (Finn) Riley, 50, Ft Wayne (Ind.) stagehand, was killed in a fall at the Paramount theatre, Ft. Wayne, March 14. Widow, five step-children, a sister and three brothers survive. MARION CLEVELAND Marion King Cleveland, 56, of the vaudeville team of Claude and Ma- rion, died In Boston, March 15. She was prominent in the 'White Rats and was a member of the NVA. M. A. WETHEBELL M. A. Wetherell, 52, -actor and film producer, died Feb. 25. in a Johan- nesburg, So. Africa, hospItaL He recently yieat. to Afric^k .to MARRIAGES Elizabeth Kellogg to Ignacio Herb Brown, in Tempo, Ariz., March 14. He's a songwriter. Paula keliy to Harold Dickenson, in Paterson, N. J., Jan. 1, just an- nounced. She's vocalist with Al Donahue's band, he's, one of the Modemaires with Paul Whiteman. Ina Claire' to William R. Wallace, Jr.. in Salt Lake City, March 16. Bride Is stage and screen player; he is an attorney. Isobel Escobar Gest to Donald Christian Phillips, in Las Vegas, Nev., March 10. He's an assistant film director. . Mrs. Kathleen Nolan Watson to Sam H. Harris, in Philadelphia, March 19. Bride was wife of the late Victor F. Watson, Hearst editor; he's the legit producer. Alice Slzer to Ed Ludes, in Los 'Angeles, March 18. Bride Is a radio singer; he's NBC technician. Bertha LIghtner to ' Kay Barr, in Pittsburgh, March 16. He's head of KDKA, Pittsburgh, publicity depart- ment. Mary Gibson to Jimmy Grler, in Tucson, March 18. Bride sings with Grier's Band. Beverly Martin to Clement Wil- liams, in Tucson, March 18. Bride Is film player; he's trumpeter with Jimmy Grier's orchestra. Kay' Llnaker to Hale Bumslde, In Yuma, March 16. Bride Is film plaver. Frances Fierst to Robert Leiber, in Pittsburgh, March 19. He's manager of the Paramount theatre, Braddock, Pa. Mildred Harris to Ray Merrell', lii Pittsburgh, March 19. He's with Sterling Young ork. N. Y. Fair Swings to S. A. Shows 1 Harry Richman's 'Streets of Paris' Set— Bali Village Projected Gobs Aplenty Largest naval display in the east in history will be part of New York World's Fair, opening April 30. More than 60,000 offi- cers and men will be on 160 battlewagona for the U. S. Fleet, scheduled to anchor in the Hud- son river and N. Y. bay late next month. This does not In- clude foreign warcraft sched- uled to be In N.Y. for exposi- tion's start Estimated that visiting naval men will have more than $3,- 000,000 in salary handed them during their visit of about three weeks. Navy visitors land in Manhattan with two weeks' pay and are due to get another two weeks oh May 6, 10 days prior to weighing anchor. Fair Min, Set (Continued from page 67) additional people. Figured that the surge of visitors at the start of each week would not make it advisable to>. skip Sunday or Monday. No deductions are to be made, for performances that may have to be called off on account of weather, and if rehearsals are required after the spec opens, they must be limited to five hours weeldy. Daily time is to start a half hour before each per- formance. 'While the minlmums are applicable to most of those in 'Rail- roads,' the 44-hour limit does not ap- ply to players engaged for more than $100 weekly. Nor does .the same working condition prevail for 'Mer- rie England,' the Shakespearean tab, for which the regular $40 minimum applies. Not RetroBOtlve Equity established conditions for the latter show some time ago and agreed not to make the new condi- tions retroactive. Same regulations, however, are to cover all other shows that are rated in the same classifi- cation as 'Railroads.' Regardless of who sponsors such shows, a bond or, other security covering two weeks salary must be deposited with Equity so that all Equity conditions are ad- hered to, as they would be on Broad- way. However, the number of per- formances is not as restricted since each performance runs only 'little more than one hour. Protest against the. Federal Thea- tre at the Fair , by John T. Schless, of Chicago, who will have the 'Eng- land' tab, did not get a nod from Equity. Complaint was based on the fact that the WPA-er will not charge admission. While a condensed ver- sion of 'Prologue to Glory* is to be on tlie schedule of the relief outfit at the Fair, it Is understood the ex- hibs will mostly tie framed to dis- play the activities of the 'WPA arts and theatre projects. BIRTHS Mr. and Mrs. George Thomas, Jr., daughter, in Hollywood, March 12. Father is In Universal publicity de- partment. . Mr. and Mrs. . Walter White, son. In Los Angeles, March 16. Father is radio player. Mr. and Mrs. Duncan Cassell, son, in Hollywood, March 16. Father is executive assistant at Columbia. Mr. and Mrs. Bob Redd, daui;hter, in Los Angeles, March 18. Father is NBC producer; mother is former C^go Delys, radio shiger. Mr. and Mrs. Will Jason, son, in Los Angeles, March 19. Father is Metro shdrts director.. Mr. and Mrs. Joe'Koscos, daugh- ter, in ''Brockway, Pa., March 10. Fathex'9 m .exhibitor there. UBO Monopoly (Continued from page 57) it's understood, 'Comedy* will play in opposition to houses operated or booked by UBO. Clash Oyer 'Holiday* First clash between the author- manager organization and the look- ing outfit arose over the 'UBO classifying 'Holiday' as drama, al- though it was established as an op- eretta on Broadway. Only after con- siderable wrangling did the bookers agree it is a musical. Dispute arose because musicals receive higher sharing terms than straight plays. Break between 'UBO and the Playwrights :is said to have come when the bookers refused to spot 'Comedy' into the Mary- land, Baltimore,- ah independent house, which has always been favored by the McCHintic office, Upon refusal, the producers decided to book on their own, finding little difficulty in getting dates because of Miss Cornell's potential draw and the publicity accorded the man- agerial setup since the presentation of Ijincoln.' Objection to the exclusive booking stipulation in the UBO contracts for shows going to the road Is said to have been objected, to by other man- agers for some time. Understood, however, thji^ UBO is insistent on The anticipated swing to nudity and sex-appeal shows or exhibits in which femme beauty Is highlighted, last week brought a long procession of possible entries for Ne«"-York ' World's Fair midway. Harry Rich- man's deal for the 'Streets of Paris* was set, with the exposition reported ■ using part of Its revolving fund to help finance. Latest proposed show, expected to be set before the first of next month, is the Frank Buck proposition to in- stall a Ball village featuring Baltnese dancers in native garb. Buck Is bringing .two cargo ships filled yrlth animals for his other show,- 'Jungle- land.' They already are on the high seas bound for N. Y. Although officially listed, as not having the contract okayed by the. fair, the Crystal Palace loomed as a hew show of potential draw, since Rosita Royce, who does a dove dance, is reputedly in as a feature. Cuban Village now Is credited with having a girl voodo dancing act lined up. Charles L«malr Is given credit for having a 'Nude Ranch' idea ready for official okay. Cieorgle Hale also may be on fte amusement sector list with an 'Adam and Eve' nudist show. An- other idea mulled is that of an Orlen-' tal Village,- with dangers of that Ilk. There's a proposal to' pep up the Wild 'West Show via a -Lady Godiva riding act Hassmur'Aetlve Paul Massman, who was called in a short time ago, is reported hypoing ' action in the concessionaire division. Attractions being substituted for those which dropped out are being picked with an eye for draw at ^ the midway gate. Fair is trying to build up the idea that there will be a Times Square at the exposition. This was one of sev- eral names given the amusement zone at one time, or another. Thus far ,the amusement area is known as just that 'While there are 1,216 acres in the area comprising the fair grounds, considerable space Is taken up by a large lagoon and a giant parking, zone. ' ^ese three take up such space that some officials are duboius about how capacity crowds will be handled. Peak .attendance is ex- pected to be 1,000,000 on opening day and ' special event dates. Average daily attendance is expected to be 300,000. Latest check shows that there will be 800 special events and conven- tions held in New York during the six months that the exposition re- mains open. Official shuttering- dat* Is Oct 31. It opens April 30 next Whalen's Film Finished Grover 'Whalen has just completed his first active contact with the pro- ducing end of -the picture business. He was supervisor on the special two-reel short "N. Y. World's Fair,' which has just been completed. Claude Collins, newsreel contact representative for the fair, directed the picture. Subject is to be furnished gratis to clubs and organizations as a bal- lyhoo for the exposition.. that provision only for productions touring after the New York engage- ment and does, not object to pro- ducers booking their own tryouts. Standard Contracts It has been alleged that the XJBO is prone to change rules which affect sharing terms of shows it t>ooks, also, in setting terms according- to the show's evaluation by tlie book- ers. Argued that musicals and dramas should have set terms, as one way to prevent discrimination, thereby standardizing the contracts for each classification. Claimed there aria considerable In- dependent theatre operators out of town who are dissatisfied. Main squawk is that UBO favors its own theatres. Generally, the bookers are not criticized for protecting their own interests and using indie spots to break jumps. However, the local showmen say the sharing terms are not equitable, stiffer terms apply- ing to the indie houses in compari- son to the split In UBO theatres. One of the reputed exceptions is . a theatre in Salt Lake Cl^, used by plaxs to and from the Coast to break the juibp. That theatre operator is aware that he's able to make. terms he regatdS' as fair despite the book- ers. Other indie stands are not so geographically situated, which ex- plains the reputed complaints. Wedneadayf M«ch 22, 1939 FORUM-OUTDOORS VARIETY 03 WHAT THEY THENK Betorn ot Stock Maiden, Mass. Editor, Varietv! I read with Interest In your March A edition about the group players on Boston's Beacon Hill devoted to the nroductlon of significant plays. It seems to be in Une with a general tendency for the retjim of the old - jtedroom set a wrist watch and a gasoline camp' lamp, to a round trip to tios An- geles. She was given free access to every exhibit and concession on the island. No Outside Shows, So Chicago Stadnm Wffl Stage Own Grcos Chicago, March 21. The Stadium is going into the cir- cus business again this year. On April 14 it will bring its own Euro- pean-Olympia: (^us into the' arena for a 16-day sojourn. Barnes & Camithers' fair booking office is setting up the show. Stadi- um played its own circus several yeai^ ago and ' managed to make some coin with it on tiie .two-week run. Decision of the Stadium to stage its own spring indoors circus f^- lows the indication tliat no other outside show will . come int6 town. This Is unusual for CHiicagb, which usually has two or three dicuaeS getting away with indoor dates in the spring. Chi previously had openings of such shows as Cole Bros., Sells-FIoio, Hageniieck-Wal lacie. HENNIES LOSE SUIT VS. MICH. STATE FAIR Detroit Mareh 2L Hennies Bros. Carnival's suit against the Michigan. State Fair board, Uleglng breach of contract for the 1939 fab:, was dismissed by Federal Judge Edward J. Moinet last week. The judge decided that no oral contract existed between the Hennies and Frank Isbey, resigned manager of the fair. Orvllle Hennies, president of the carnival, has contended that the new fair board had voided Iiis oral con- tract for next fall's fair for political reasons, despite his deposit of $4,000 to bind the contract ° Isbey testified he had not approved or signed the contract The American Amuse. Co. has been awarded the midway contract for next fall's fiilr. Gnberg Gels N. Y. State Fair Midway Iteal Syracuse, March 21. New York state fair, through Paul Smith, director, has given Max Gru- berg ttie contract for the midway at the annual expo this year. Gruberg replaces Rubin & Cherry exposi- tions, which played the fair date last year. Other details for fair, now slated to buck the N. Y. World's . Fair for two weeks in the hope of drawhig New York-bound tourists, are mov- ing slowly because the state legisla- ture is toying with the idea of a slash in the fair budget, Giovemor Lehman having asked an additional appropriation of $68,000 to meet losses incurred last year. The gov- ernor's explanation for the loss in his budget message was 'cold and rainy weather encountered last season.' Frisco Fair Maps Promotion Drive To Prevent M^t ^ N. Y.'s Expo Main Selk Title Akron, March 21. '' Frank Ruttman has leased from Walter L. Main' the more than 50- year-old title of Walter L. Main Shows and will launch a three-ring circus early in May, to play the mid- west territory under auspices. Outfit will play three-day and week bookings in all stands, with the show tentatively set for at least two weeks in Detroit and a possibility of an engagement of the same length in Toledo. New York City again, the program will be far more interesting If we let the interview "take the greater part of the show. Jimmv Jemau. Sari Francisco, March 21. Determined to keep the approach- ing opening, ot the New York World's Fair from overshadowing Interest in the Golden Gate Interna- tional Expo, a campaign has been mapped by - promotion manager C\jds M.' Van^erburg to grab all available space in 1,800 top trade publications during the month of AprU. Fact that the exhibits at the N.Y. Fair are not completed and ready for photographers means that these channels are practically closed to eastern expo at this time. Expo has a plan on foot' to. bring a hun- dred or so key mag. publishers, art- ists and writers to the Coast' within the next several weeks. Expo has set April SO as Los An- geles County day. It is hoped that the setting of this day on the open- ing of the N.Y. fair will limit the breaks in tiie Coast ' dailies of the eastern expo. Described, as 'a post-graduate course' following Sally Rand, the highly touted Greenwich Village opened its doors on the Gay way Sat- urday. Within its Conines are Zo- rima and her nudies, Cal Lipes' flea circus; hurley producer Dick Wil- bur's girl show .under CHarence Clayton's management; ex-AIcatraz Island {irisoner Roy Gardner in a talk on prison life; a girl revue in the Village's main auditorium, and four restaurants - serving food of va- rious nationalities.. The Village, an $85,000 attraction, is expected to be one of the GayWay's biggest draws. The fair management realizing the need for' such a coin-puller, is ex- pected to maintain a "hands off* pol- icy, permitting the operators to pep it up as they see fit New Ooncesslons Several other new concessions opened within the past few days, in- cluding 'Glass Blowers of the World,' which got under way Friday- (17). Featured is William Smith, seen at the St Louis World's Fair in 1904 and the Paris exposition three years ago. An added attraction is W. E. Alexander's flea show. 'Dan- cers of the World,' with Noel Wes- ley as director, and operated by th« Stutz Brothers, is another new one. Leo Singer's Midget Village, which folded a few days after the fair's opening due to lack of capital and incomplete facilities, is expected to reopen within a week or so under the 'new management of Walter Sibr ley, who has the 'Headless Girl' show on the Gayway. Log cabin ap- pearance of the village's front will be dianged for . something more ap-. propriate. Expensive CHiinese VUlage, a dis- appointment from the beginning, en- countered new difficulties last week when some of its concessionaires closed, up in protest agabist the 25c admission charge to the village grounds, which is In addition to the tees asked for individual exhibits within. Dispute has not been set- tled yet but the concession^ were reopened for the week-end. Fact that some of the exhibit material has been tied up in customs has pre- vented the opening of several other concessions within the village. Cus- toms officials have been asked to permit the goods to enter duty-free, with the concessionaires promising to pay the customs charges from re- ceipts as soon as they can get their displays going. Union Squabble A jurisdictional dispute revolving around the ride men on the Gayway has flared up between the RuUding Service Employees International union and the American Federation of Actors. Former group claims pri- ority and right to organize the ride men, who number about 50. - AFA, however, maintains' it has the right to represent all branches of the amusement field with two excep- tions, billposters and musicians. Ex- ecutive board of the American Fed- eration of Labor, in Washington, D. C, has been asked to rule on the matter by representative Al Smith ot AFA. Indications continue that the Ex- position board of management is considering further reorganization of dejMirtments and operating policies in order to have the islimd make its best possible showing during the summer season. Meetings are being held dally to iron out the problems of operating the expo, rather than promoting it In line with the- reorganization. It was disclosed yesterday (Monday) that about 50% of the personnel originally employed by -the Exposi- tion Company Itself bad been dis- missed. Press Department has been cut in half. Mel Smith, new captain of the Island's 'bright zone,' h.is already begun the task of 'pallshing up' the fun center. Smith has 'heen guar- anteed freedom from censorship' in his program of adding 'life to the Gayway.' Fair execs have asked Smith that he produce a Gayway with more sensations, brighter iights, more breath-taking shows, more pep and more thrills. Buildings on the Gay- way are all pretty low, but former concession chief Fred Weddletsn was glad to get almost any type, ot build- ing in order to have -imething re- sembling a midway ready in time for the opening. Wedcicton has just taken over the management of the baby incubator show on the Gayway. Smith will endeavor to get more height into the new structures. 'Folies Bergere' Hss B.O. The 'FoUes Bergere' continues to be the big lure on the Island right now. However, . the Clifford C- Fisher show is essentially a ' night attraction, ' and for that reason per- formances during the week are being limited to one matinee a day in- - stead of two, as originally scheduled. Expo officials are delighted with public's reception to 'Bergere,' although there has been some criti'- cism leveled at a few of the body movements in the dance staged by Valdez and Corinne. As a result a tew ot the snakier, movements have been clipped and pants have been put on one of the men in one of the meatiest parts of the show.' Take, for first week of 'Bergere' reached aiound $34,000, which means a nice profit Nudity Is now creeping into "Cav- alcade of the Golden West' the ex- position's octdoor historical pcgeant which has been in need of some pep- ping up. The Aztec maidens in the spectacle are now being sacrificed in the rkw in the interest of bigger boxoffice receipts. Except for a few balmy nig|its, weather has been too chilly on the Island, resulting in poor attendance at this show. Warcrar Temp, Better B.O. As the mercury went up last week, so did the attendance at the fair. Take the previous week i.aj dropped nearly 20% over previous stint Re- ceipts of Gayway operators also took a nosedive along with the fall at the gate, biz in the joy zone t>elng off around 16%. Last week, however. Was a differ- ent story when the expo had several of its. best week-day crowds since tho Fair opened. The warm weather, coupled with the personal appear- ance on the grounds of screen stars Robert Taylor, Mickey Rooney, Lewis Stone, Fay Holden, Cecilia Parker and others, hypoed attend- ance considerably. A free talk last night In ttie 9,000- seat California, Coliseum by Mrs, Eleanor Roosevelt also helped the gate considerably. Mrs. Roosevelt Is reported to have received $1,500 for her talk. (Concessionaires look upon such free attractions as swell come- ons and. want more of them. Contrary to expectations, local niteries are being hard hit by the expo ' competlsh, with only two or. three garnering any appreciable patronage. Embassy Club, one ot 10 spots whose liquor licenses were re- voked for five days recently for violation of the 2 a.m. closing law, tailed to reopen after the shut-down. Dime Day and special events for newsboys drew 73,717 people to the fair Sunday (10), making it one ot the largest days at the ex^p since its opening. PLEAD FOB KABE CABNIES Detroit March 21. Mabe carnivals, banned several weeks ago by common council, should be allowed to operate because of their neighborhood social effects, veterans' organizations pleaded with councilmen last week in an attempt to get the ban rescinded. American Legion posts testified . they were able to maintain such things as drum corps, etc, through revenue obtained by sponsoring an annual camivaL Lieonard Simons, spokesman for the Michigan Show- men's Assn., told the council that at least 500 Detroiters would be de- prived ot livelihood this summer if the ban Is continued.' The council took the plea— wnder advisement VARIETY WednesdAj, March 22, I939 C!w BOB BURNS in Poramount's Kansas Ciiy. . , HELD OVER Bob Burns in' I'M FROM MISSOURI ''Homespun stuff done to order for Bob Burns' brand of drol- lery. . . one of Bob's best roles ...excellent support in playing and production . . . high aver- age of laughs." -Doi/y Variety 'Burns clinches star niche . ♦ • Vm FROJyi MISSOURI' will head into good business." -"Hollywood Roporter A Paramount Picture . Directed by Theodore Reed • Scr With Gladys George • Gene Lockhc een Play by Johr, C. Moff.tl ar,d Duke Atiebe-ry . Based or, Stones by Homer Cr oy and Julian Street RADIO SCREEN STAGE PRICE 25^ Publlshad Weekly at 1S4 West 4$tb Street. New York, hj Variety. Ino. Annual mbeorlptlon, 110. Blncle coplea. 2S oenta. Entered u ■soond-oUw natter December 22,. 190(. at the Post Oftica at New Tork. N. nnder the act of Marob t, in*. COPTBIGHT, 19SS. BT TABIETT. INO. AIX BI0HT8 BB8EBTSD. Vol. 134 No. 3 NEW YORK, WEDNESDAY, MARCH 29, 1939 48 PAGES Midway Bldg. Spurt Shoidd See N. Y. Fairs Sideshows 90% Set by April 30 By MIKE WEAB Tremendous building activity In the last two weeks within New York World's Fair amusement zone makes tiie'mldway loom as about half com- pleted approximately SO days be- fore the exposition wlU swing open the gates ofticlally on April 30. Spurt In construction and speeding up of lagging contracts on a practical basis hai encouraged fair oflicials to be- lieve that the midway area will be at jeait 90% completed for the open- ing date. Big task during the next four veeks will be to redouble working crews so that there will be no haU- flntshed amusement area for Kew Vork Fair's opening week. Veteran «XRpsition officials realize that a 50% completed midway can give the en- tire fair a body blow that no subse- quent adjustment will be able to overcome. "At least' that has been ihe~experlence In world expositions during the last 10 years. As the amusement zone now stands It Is possibly 80% behind the re- mainder of the fair on its construc- tion I'progf aim. WhUe about three- fourths of main exhibitors appear to hsve^'made *vast' strides in getting their shows Into shape in the last 10 days, the gi'ounds themselves appear to' be laggard in this activity. Sys- ' tern of roadways- is far from com- ! pitted. Erection of a retalnhig wall (Continued on page 47) Daniel Frohman Losing N. Y. Lycenm Home Dne : To Bank's Foreclosure . Daniel Frohman, veteran showmap Wh() ha? • occupied a unique apart- ment atop the Lyceum, N. Y» since the': theatre was built 35 years ago, will probably be forced to vacate. Property has been taken over by the Bowery Savings Bank, holder of the .first mortgage,, tturough .fore- closure after other Interested parties Wtptejssed no desire to assume a share of the fixed charges. Under- stood service has been discontinued «nd: without heat the apartment can- not be occupied. Apartment was reached by a ptl- ^tft elevator, which operated from a landing up a short flight of steps w the^theatre's lobby. Aged head of the fetors Fund has en art and the- atre collection In the apartment Which. he occupied alone. Spot was the scene of numerous affairs par- (Contlnued on page 34) De-Toughening 'Em Hollywood, March 28. Protests from parents all over the «*U>try have influenced Warners J^on to soften up the 'Dead End* studio Is dressing them in :P""?oy and rah-rahs and putting J™^Dale Carnegie touch on their Marquee Picketing One employment agency sup- plies picketing jobs- at $l.a day, or $2 If the sign-carrier also de- livers a spiel while marching. 'WPA actor was set for a speaking part, but the deal fell through when he demanded bill- ing. FRISCO EXPO B.O. FARING POORLY San Francisco, March 28. Current slim pickings on the Gay- way (midway) are worrying conces- sionaires at the Golden Gate Inter- national Exposition, but they expect to hold out imtil May, when the tourist rush Is expected to begin. Boys are squawking about lack of strong free attractions. They believe both the current 'Folles Bergere* and preceding Eddie Cantor show should have been gateless, thtis luring larger crowds who would have spent more coin on the Gayway. Expo in turn would have profited more in long run from its cut in increased rev- enue. Several concessions including such major shows as the Chinese and Scotch villages are struggling for existence.' Former has cut admish to a dime. The expo's sports bud- get Is said to have been slashed from $100,000 to $25,000, following flop of practically every sport attraction to date. Most recent fiasco was in- ternational championship six-day bike races, loss on which was said to be $10,000. Another headache is the Edwin Franko Goldman band, signed for 15 weeks at $8,000 per. An unshel- (Continued on' page 46) BURTON HOLMES AT 69 GROSSING $97,000 AYR. St. Louis, March 28. Burton Holmes, the 69-year-oId travelog lecturer, who winds up his 46th regular season in St. Paul on April 11, will personally gross ap- proximately $97,000 for his season's work, according to Walter T. Everest, his manager. After the St. Paul en- gagement Holmes will deliver three additional spiels in Qulncy, Dl., Cin- cinnati and Huntington, W. Va„ and in the latter towji on April 15 will call It quitfffo' the 1938-39 season. Holmes will then journey to New York to mull over what countries he will visit next summer for material for his next season. OTHEIl FIELDS AREBAiEN Scouts' Yield Away from BVay Meager — Material ' for Pictures Mostly Origi- nals, Few from Legit or Published Works RADIO NIL HolIywood,March 28. Talent for Hollywood is where you find it This is the consensus of talent scouts, casting directors, pro- ducers, and executives on the vari- ous lots. Recapitulation on new talent for the past year show^ tliat around 75% of the players are brought here from the professional stage; 20% from little theatres (which, at course, means also the stage); and the remainder from radio and other sources. Around 60% of - the yarns made Into films are originals, according to the survey. Plays from Broadway score about 15% of the scenarios; books 15% with mag and radio lag- ging behind. Talent scouting nowadays Is about the same as looking for a new Van- dermeer, DiMaggio or a Babe Ruth. They glom talent In the strawhats in the summer, and ogle the little thea- tres throughout the winter. Tests are made both here and in New York, and if one comes through with potentialities they're tested, groomed and nurtured until a casting director can convlhce a producer that the player should be given a chance in a film. During the last year majority of (Continued on page 44) Lunts, Like Paderewsld, Like to Park in Pullmans Chicago, March 28. During their recent string of one- nlghters through the midwest, Al- fred Lunt and Lynn Fontanne passed up hotels and lived in their Pullman car. Pair, who have I>een touring since last fall with a repertory of several plays, found it too much trouble to check in and out of hotels for one-day stops, so arranged to keep their same Pullman, having it run onto a siding at each city and making it their continuous living quarters. Members of the Theatre Guild management, trying to phone them at hotels, were surprised when the calls were plugged into the rail- road car. Although It Is unusual for touring companies to live on Pullmans In that fashion, Ignace Jan Paderewski has regularly followed that practice on his concert tours for years. He al- ways takes a private car and lives on It wherever he goes. Does his prac- ticing at night after the concerts, on a piano specially installed on the car. He always has a phone Installed at each stop, but will never talk on It himself, regardless who wants to epeeik. to him. Leaves that to his valet NicUe-ui'^lot Phonograph Priority Resented by Alert Music Shops Still a Cigaret Girl A possible new source '(tf pho- nograph' disc sales Is revealed at Cafe Society, new Greenwich 'Village swlngery. 'Vocallon rec- ords of artists appearing In floor show are sold to customers by .the cigaret girl who hawks them among the tables. She charges 50c for a 35-cent record. BlAY lEGIT AT $1; GORDON'S REVIVAL The often-broached $1 legit the- atre will be tried on Broadway dur- ing the spring, but It will not be a new venture, fo^ Max Gordon has slated a repeat .date ot The. 'Women,' which has been farhig well out of town with a top of $1. House' for the return date has not been selected, but' 'wlli be ot larger, capacity than th6 average leglter. This is in line with the '$2 legit theatre' idea. Manager was about to close his long-run Broadway hit in Philadel- phia some time ago,- when, at the ample F6rtest there, the Idea -ot dropping the price to $1 was' tried. Show grossed as high as $12,000 at that scale, and the engagement was extended week after week. In Pitts- burgh last week business approxi- mated the same paying level. It opened In Detroit for a two-week date Monday (27), advance sale at the same low rate being around $8,- 000. 'Women' goes to Toronto and then into the Boston Opera House, (Continued on page 34) POLinCAt SATIRE BY UNIVERSrrY^S DANCERS Omaha, March 28. Advanced dancing class for femmes at Omaha University has locals con- vulsed over latest dance creation, *WPA.' Dance got a full pace of pictures In roto sheet of 'World-Her- ald Sunday (28). Gals give out In slow motion, starting from a reclining position, later getting to their feet for more delayed motion and finally back to the restful pose. No. 1 G-Man'9 Pix Bids Washington, March 28. J. Edgar Hoover, chief ot the G- men, may join the picture industry in an executive capacity. Hoover has had a numl>er of film ofters and it's likely he will accept one of these. Music shops ot the first rank. In the metropolitan key centres, have a big peeve against the phonograph manufacturers, charging them di- rectly with delaying thfr revival ot the talldng machine field. The blam* is put on the coin machines tor not having enough records available ot the hit waxings. There have been verified instance* in such smart retail music shops as Llbbrty, Marconi. Haynes-GrlSin and the Center Music Shop in Radio City that the hits are not serviced as fast as could be, and by the time the fac- tories catch up with advance orders; the songs are dated.-. The reason tor the major waxers beipg so tar be- hind is ascribed to the coin operators who get first call. There is one in- stance where, witliin .five weeks, it was still Impossible to give a cus^ tomer a record ordered more than a month previous. And by that time; considering the fleeting' vogue ot pop tunes, the number was ancient his- tory. For Harlein Talent On E'way; 3 Legits, Mery There's plenty of folding money on Harlem's rialto these days, and more colored periormers and col- ored shows on Broadway running concurrently than ever before In tha history ot show biz. There are three all-colored legit attractions, 'Mamba's . Daughtei^,' straight drama, and the 'hot' and 'swing' 'Mlkados,' the for- mer presented by Mike Todd at $3.30 top, and; the swing version the WPA's Import' from Chicago at $1.10 limit Plus the legit attractions, the Cot- ton Club bowed In Friday night (24) with a new floor .show holding 88 colored performers and musicians. The WPA 'Mikado' has around 80 performers (though advertising 125), with the musicians not in the tabu- lation because they're ofay. Todd' says his 'Mikado' has 112 colored 'oiks In the cast and pit 'Mamba's Daughters' has a cast ot 25, large tor a straight drama. Another show heavily laden with colored performers will hit Broad- way when and if 'Sing tor Your Sup- per,' in rehearsal tor many months, opens. Debut is expected in two or three weeks for the mixed-cast show, which holds about 30 Harlemites. An Audible Trailer Press agents predict that the new dry cell portable radios which can be carried about by hand while op- erating will appear this summer in crowded places with the dial se^ and loud — at particular t>rograms. ' It's described as a natural atten- tion-getter for an apparently inno- cent guy to walk along with a pub- licity sample of the program. VARIETY PICTURES Wednesday, March 29, 1939 N. Y. STRIKE GALL THREATENS WIDER TIEUP OF PIX m IMBS SETTLED Local 306 (lATSE) Places Dktribs in Middle of Projectionists Row — ^May Cripple Entire Ex- change System^— Mediation Moves Under Way By BOT CHABTIEB Alanned over inform.* tion that the New York exchange zoi operators may start refusing to project film in theatres tonight (Wed.), a commit- tee of eight chain representatives late yesterday afternoon (Tues.) ap- pealed to the State Mediation Board to step into the situation. This move was' hurriedly taken ^ter the com- mittee had sought to confer with Mayor F. H. La Guardia in an effort to get his cooperation toward fore- stalling any 'ieup of shows in the film theatres^ The Mayor was un- able to see the chain group, being tied up on other urge: t matters. Lengthy afternoon meeting with Jules J. Freund of the State Media* tion Board resulted in agreement by the board that it will do e erything In its power to adjust differences which place the orderly operation of theatres and supply of film in Jeopardy. Freund has invited executives of Local 306, Moving' Picture Machine Operators, which called the present strike, together with its attorneys, to meet with him this afternoon (Wed;) for the purpose of attempt- ing to launch machinery for the mediation of the difficulties. Theatre chain representatives who met with Freund yesterday after- noon (Tues.) were Marvin Schenck, representing Loew's; Harry and Ber- nard Brandt of the Brandt Bros, cir- cuit; Emanuel Frisch and Sam Rin- zler. of the Randforce chain; Law- rence Bolognino, head of Consoli- dated An>usement Enterprises; Irv- ing Greenfeld, Loew attorney, Stan- ley Laughton, who has an indie cIT' cuit of his own, and Larry dthens, . of Newsreel Theatres, Inc. While these moves by theatre men were being made, attorneys for ma ]or distributors were considering various other steps that might be taken. One of the larger attorneys said that there were no furUier de- velopments so far as distribs were concerned yesterday (Tues.), With film service out of the New York exchanges completely crippled Monday (27) when all lATSE imion men— about 350 of them — employed by the branches walked out In em- pathy with one of the most uiiusual labor coups - ever attempted, fears. enforced, or to be amplified, wouU involve. The union group in the lATSE may not have anticipated that the distribs, being in a very uncom- fortable position, would say 'no' so definitely and with such finality. As a result. Local 306, Moving Pic- ture Machine. Operators of N. Y., strongest affiliate of the lA, ordered its men not to report for '•■prk Mon- day morning (27) in the booths maintained in home offices and ex- changes. Picketing of both the home offices and film branches was to be- gin at 8 a. m., but did not start \m- til late in the afternoon due to in- ability to get signs printed up as well as to advisory legal delay as to what the signs should say. Final de- cision was that the signs merely say tlu^t Local 306, MPMO, was on strike, with the home offices and exchanges listed where this action' was being taken. - Following orders of 306 for picket- ing of branches and h.o.'s, the Film Exchange Workers, Local 51-B, of which Lou Jo)mson is president, held a meeting which ended at noon Monday (27) to decide their mem- bers, numbering 300, would also £o out ' because, in acoordance with imion regulations, tliey could not cross picltet lines of any otlier lA union. Result was that when the day shifts were through, starting at 4 o'clock, these men could not re- turn yesterday (Tues.). Also the night shift Monday night (2T) could not come to work' because picket lines existed. Only Exchange Not Involyed Is Mmo The only exchange and home office not involved is Monogram. This company does not maintain its own screening rooms and Its exchange employees are not members of the' Film Ebcchange Workers Union. Those of all other companies are, including the smallest of the group; Grand' National-Educational. With operators not reporting to booths in home offices and exchanges Monday morning (27), all screenings that had been scheduled Were cancelled. In addition to crippling the ex- changes in the servicing of film and knocking out all screenings, further Immediately arose and exhibition circles as to what steps might be takep it a hasty set- tlement isn't reached. These fears, based upon strong liossibilities and Inferences of action,' include: 1. Will the operators in all theatres served by the New Yolrk exchanges, refuse to handle film of the distribu- tors against which the strike is di- rected? 2. Will the exchange workers in all the key cities of the U. S. and Canada where these same distribu- tors operate branches, also go out, completely tying up handling and shipping of film, throughout the dO' mestic market? 3. Will operators In such other ex- change centers then- also refuse' to handle film that carries the lATSE label, made by the distributors with lA labor? 4. Will all union help of the lA In the. studios, both east and west. Including newsreel' plants, also go out, thus striking a blow at produc tion? Pending efforts to stymie the strike action against distributors, under- taken when latter refused to tieed demands of the lATSE to shut off service of film In the Greater New York area and Long Island to houses not recognizing the lA, the distribu- tors are standing pat in their deter- mination to resist such demands. The number' of theatres involved— not lATSE-manned — number around 75. After having threatened the dis- tribs, the latter following an all-day meeting Sunday (26) decided to call thd bluff of the unions, k.' spite of 9 deadline tor strike Monday morning (27), by turning down all demands flatly on the ground that what was asked of them VouM be In violation of law.' This decision by the distribs ."tin- day (26) may have come as some- what unexpected in' view of the dan- grrous ramifications a strike such as ' in distributifinl**^'' ^ ^o^day (27) when the laboratory technicians. Local 702, also voted not to 'cross picket lines. This will seriously in- terfere with printing, Including not only feature product, but twice- weekly issues of newsreels and their delivery to exchanges. Fearing the worst, all exchanges worked far into the night Sunday (26) at. top speed and furiously dur- ing the day Monday (27) In getting as much film ready tor use as possi- ble. Exhibitors from all over the comparatively wide zone covered by the N. Y. exchanges were equally frantic, booking as much available film as' they could get, and either having It delivered right away or plcldng it up with their own cars or taxis. In addition to grabbing as much new film as was ready in the exchanges, various exhibitors were also picking up pictures that had been played in the event they would have to fall back on some 'early re- vivals.' ■ The. film vaults by Monday after- noon were never ^ empfy In history after the great rush had occurred. 'While the movement of shows nor- mally on a Sunday and Monday amounts to about 100, the total over the same two days this week ran to three and four times this number for most exchanges. 'While exchange managers stated that shows tor a week or two wei« on hand and ready for use, the prob- lem is what can bie done, beyond that with film exchange workers such -as inspectors, cutters, rewlnders, han- dlers, shippers, etc., all out To re- place, men who can do this work by hiring so-called 'scabs' would be no easy task. 'While It Is the preparation of the film tor use and shipment that ties the exchanges up badly, there is ho likelihood that film delivery service will not continue, since the union governing this activity Is not a part of the lATSE. Also, as exhibitors (Continued on page 18) Strike Highlights Projectionist members of XiOcal 306, N. Y., , lATSE-af filiated, picketing all home ' offices and ' branches In N. Y.. excepting Mbnograin. Shippers, inspectors, rewlndera, others ot Film Exchango Work- ers Union, Local 51-B, number- ing 300, out of exchanges due to refusal to cross picket lines. Laboratory Techni'rians, Local 702, also decline to cross picket lines, interfering with print de- liveries and other lab service. Film service of the New York exchanges seriously crippled and vaults virtually cleaned of film before walkout Monday after- . noon (27). Exhibitors loaded with as much product, including 'early revivals,' as they could get, picking it up themselves in many instances. Theatres will pick up film from each other and may last about two weeks -based on supply ob- tainable. All screenings ot product at home office and exchanges can-^ celled, importantly handicapping operations. Grays tears felt over possibil- ity strike may spread to booths of theatres and ultimately per- haps on national scale to not only theatres, but also all. other exchanges in 32 key centers and studios. Arbitration of strike wUl be sought, but doubt exists as to what headway may be made. The present strike meantime not being halted with any view to optimism concerning mediation endeavors. Advising' existing contracts must be lived up to. Judge Bondy told attorneys tor RKO and other companies to take such legal steps as tbey thought fit L W. FOX, JIU BJL FOR FUimHOWARD UNIT Deal tor financing ot Walter Fut- ter-Leslie Howard's Major Pictures, Ltd., productions for BKO release -was closed with Lawrence W. Fox, Jr., of General Film Co. last Satur- day (25). Negotiations were han- dled by William B. Jafle, attorney. Fox left New York tor the Coast yesterday (Tues.). Futter-Howard deal with BKO provides tor production of one pic- ture, with option tor a second. Ini- tial effort, rrhe Man Who Lost Elm- self,' goes into production at Den- ham studios, England, when Howard completes his 'Gone with the Wind' assignment General is tied up financially , with Universal's 'Crime (Hub* series and Paramoun^'s 'Hopalong Cassldys.' SAILINGS June 21 (New York to London) The Three Stooges (He de France). April 1 (New York to London) Merle Oberon, Jacques Grinless. Sam Eckman, Jr., James Roosevelt (Normandie). March 25 (London to New York) Greer Garson, Mltchall Hogan, O'Gorman Bros, Gabriel Pascal, Ben Goetz, Sam Wood, John W. Hicks, Jr., Herbert Wilcox, Nat Wachs- berger, Sol A. Rosenblatt (Norman- die). March 25 (New York to Bermuda) Robert M. ~Weltman (Volendam). March 25 (New York to Rio de Janeiro) Guiomar. Novaes (Brazil). March 25 (New York to London) Noel Coward, Bela Lugosi (Queen Mary). March 23 {Nei> York to Paris) Duke Ellington orchestea (Cham- plain.) ARRIVALS (At the Port of New Torky Alfred Hitchcock, Joan HarjisoD, Mrs. Ad Schult>erg, Nat Wachsber- ger, Sol A, Bosenblatt, R. Sutton Dawes, Sir Gordon Craig, Erldt Maria Remarque, Frederick Lons- dale, Arthur W. Kelly, Sir William Wiseman, Mr. and Mrs. Leslie How- ard and daughter Leslie, Terry Kll- burn. Other News of Interest to Fflms 1 — Anzacs blame Hollywood film quality Page u Columbia's Italian film ideas Page 11 More Nazi flbn inroads.... Page li Bob Hope's sub radio show .Page 21 Radio reviews: Dick Powell- W. C; Ftelds-Martha Raye, Grace Moore, Bert I^tell, Madeleine Carroll ...Page 22 New Acts: Dorothy Lamour, Joan Davis-Si .Wells , Page 34 'Abe Lincoln' fllmizatioa set back to tall .Page 41 Broadway Sunday legit looks set Page 41 John. Barrympre's new play .-.Page 44 Exchanges Don't Want to Risk Suits Through Failure to Deliver Fihns Louis Nizer, who was drafted by the distributors Monday (27) to draw up a f(»m ot instructions to exchanges on how to get their films and han- dle them during the current lATSE strike difficulties,- yesterday (Tues- day) sent legal memorandums to all major company exchanges. Latter forwarded these notices to all exhibitors in the New York area. Instructions are tor exchanges to keep shipping and delivering films to the best of their ability, in order not to breach contracts with exhibitors. It's figured- that with the product available, should the lATSE attitude remain undianged, exchanges In the New York zone can service theatres tor almost two weeks. Meantime competitive chains and Indies will ex- change product outside of the exchanges, so as to circumvent any tieup from withiil. - . • All day Sunday and Monday .(27), following the strike call, everything was cleaned out of the excbitnges in order not to risk having finished prod- uct being tied up. . Mediation Eflerts ContlniM Although efforts - will be continued tor mediation ot the union strilce against the distributors, it is declared highly doubtful that the present picketing «nd refusal of exchange workers, as well as lab technicians, to pass .picket lines, will be called off in hopes of the success ot any such mediation. A settlement by arbitration would have to come first it is in- dicated. After conferring with Federal Judge William Bondy during the day, attorneys for the film companies and Mathew. Levy, counsel tor 306, met- again Monday (2V) night In the Justice's chambers to discuss arbitration of the difficulties. No progress was made, although both sides continue open to any steps inaugurated looking to mediation and, through it possi- ble settlement Declaring that 'existing contracts must be carried out' Judge Bondy ordered RKO to take any legal proceedings it thought just In determining the legality of the demands of Local 306. The hearing before Judge Bondy was brought suddenly as result ot an application by Irving Trust Co., trustee of the RKO, which sought the federal court's advice In this matter. The petition Cited the demands of the union, and remarked that should RKO refuse to agree to the demands ot the Union, about 20% of its U. S. gross would be lost and RKO's theatres dosed. If RKO did agree, the company feared it .would face suits charging, violation of the anti-trust act and possibly also criminal proceedings. At the Bondy hearing were present William Mallard for Irving Trust, Michael Longo tor the Empire State Theatrical Stag* Employees Union, Inc., Arthur Schwartz, representing Oilumbia; Benjamin Pepper tor United Artists, Thomas D. Thacher for Paramount, along with Aiistin Keoughj W. F. R. Pride tor 20th Century-Fox, J. Robert Rubin and Leopold Freed- man tor Loew's, and Mathew Ijevy, attorney for 300. Levy arrived late for the hearing and declared that; before consulting his clients, he could not appear officially, but only as ■ spectator.- GN AND DR. FRENKE AT ODDS ALL OVER AGAIN Hollywood, March 28. . Grand National and Eugene Frenke are both plaintiff and defendant in suits filed in Los Angeles Monday (27) over release ot Anna Sten's pic- ture, 'Exiled Express.' GN Insti- tuted the first action to restrain Dr. Frenke from negotiating another re- lease for bis film. Frenke coimtered with an action for declaratory relief and $100,000 damages, seeldng dis- solution of his releasing agreement Studio filed suit last month aninst Frenke which was withdrawn after an out-of-court huddle. Miss Sten is Mrs. Frenke in private life. L. A-to N. Y. C^pt Harold Auten. Fay Bainter. Walter Batchelor. John N. DiUon. Lynn Farnol. Murray FeiL Matty Fox L. Wolfe Gilbert Jacques Grinless. Tom Harrington. Florence TSIL Hume. ' Louis Hyman. John Joseph Jules Levy. Lya Lys. James Mulvey. Merle Oberon. Ralph Rainger. James Roosevelt James Saphter. — Murray Silverstone. S. Sylvan Simon. William Wyler. N. Y. to L. A. Lawrence W. Fox, Jr. Joan Harrison. Alfred Hitchcock. Leo Pillot Alma RevUle. Mrs. Ad Scfaulberg. Homer Tasker. Hariy Wurtzel. METROTOSPEND mOOOONITS mm The official budget on Metro pro- duction and distribution tor 1939-40, when the company will make 92 fea- tures, plus shorts, has been placed at $55,000,000, a new high for the industry, and means that Metro will have to clear this In rentals to break even.. The actual figures are $42,500,000 to cover the cost of production; $10,- 000,000 to cover the cost of selling them and $2,600,000 tor advertising and exploitation. In all brackets this represents substantial increases. Billboardlng, which has been run- ning around $600,000 yearly. Is be- ing eliminated unless, in some in- stances, men In the field want to continue some use ot this form of Advertising. The $600,000 will not be thrown out however, since this money is to be put to other uses based on surveys in the various ex- change zones t» determine the way in which it can best be spent Some of this annual expense may be di- verted to Metro exhibitor accounts, over and above what they have been getting. Joseph, Fox East Hollywood, March 28. John Joseph, Universal advertising and publici^ head, and Matty Fox, v.p., head east this weekend. Joseph wiU discuss with home of- fice' execs selling campaigns for new season. Botib due back in two weeks. Wednesdaj, March 29, 1939 nCTURES VARIETY S TOUGH SALES GRIND LOOMS Whyfore of UA s Product Scramble Scramble for product by United Artists at this time Is said to be predicated. In part, on the expectation that UA cannot count on any pictures from Samuel Goldwyn lor the "39-40 seaspn. That Is, (miess adjudication of the letter's suit occurs before the start of next season. No answer to Goldwyn's suit has been filed to date with the courts by UA attorneys. Time for filing was due last week, but O'Brien, Driscoll & Raftery for UA, had the case shKte4 from the Y. supreme court to the U. S. district court in N. Y. last Monday (20) which now gives the company until April 10 to respond. One indication of the imcertainty regarding Goldwyn product is the action of UA in omitting the producer's name from a parchment scroll being sent to 400 leading exhibitors next month, in connection with UA's 20th Anniversary celeBration, ' Only signatures on the scroll are those of Charles Chaplin, Douglas Fairbanks, Mary Pickford, Hal Roach, Walter Wanger and Edward Small. Selznick's name will probably also be added, as will Sol Lesser-Louis Lurle. Goldwyn is reported to have refused, to allow UA to publicize his name or his product over and above the two pic- tures he will deliver on this season's schedule. Although renewed with United Artists, John Hay Whitney and David -0. Selznick wanted en RKO Radio affiliation on the basis Whitney ac- Quire a substantial stoc]^ interest in RKO. Early talk was that some stock might possibly be acquired from the Atlas-Odium, holdings in RICO Failing of such a deal. It left Whitney with the conclusion that S-I might just as well continue to release through UA. Lesser to Concentrate on UA Deal, Breen to RKO; Wanger After Ford Sol Lesser will abandon all outside production on the Coast with sign- ing of a United Artists contract which will provide for a number of producer-director units first of which will be headed by Ernst Lubitsch, who starts functioning at conclusion of his current Metro ticket Jan. 1. Lesser has associated with him in the deal Louis Lurle, San Francisco capitalist, and also Principal The- atres, a Coast circuit in which he, Mike Rosenberg, Charlie Chaplin and a number of others are partners. Understood that with the conclu- ' lion of two Bobby Breen pictures for RKO, Lesser will turn loose his Juve star, with RKO taking over pro- duction of future pictures. Murray Silverstone, UA chieftain due east from the Coast this week, lined up Maury Cohen, a former RKO and indie pic maker, to re- lease one Spanish language picture to be made in Hollywood which will be used exclusively In the foreign market Should It click a further ' release deal will be made with Cohen. Walter Wanger, who was reported dickering with John Ford to join his UA production unit as exec di- rector, is trying to get release of latter for couple pictures yearly from Darryl Zanuck of 20th-Fox, who holds a term deal with the director. Silverstone, after his return here, la set to head for London about the middle of April to lay out his for- eign selling campaign on the new season product Lubitsch, in association with Les- ser, wUl be backed with $1,000,000 for their Initial productions. The same financial support for another producer-director, to be inducted into the lesser unit, is ready, as soon as details are closed. Small's Sextet Hollywood, March 28. Edward Small's six pfctures he is to produce for United Artists' 1939- 40 program include 'My Son, My Son,' 'South of Pago Pago,' 'Food For the Gods,' 'Life of Rudolph Val- ejitino,' 'Quantreir and 'The Raider.' He had four on this year's schedule. U IS SEVEN PK AWAY FROM '38^9 WASHUP Hollywood, March 28. With only seven more features to Jjake, Universal plans to wash up Jo 1938-39 production within a few weeks to meet release dates through August. . -For the first time In' several years we studio will finish production with ■ comfortable lead on release com- nutlnents. Shooting on the 1939-40 program starts within a month. KORDA DOUBLING Technical Credits on Presenting* vis London and UA Reason- for the odd arrangement arrived at by Alexander Korda and his English backers to 'present' fu- ture Korda Productions, Ltd., out- put through London Film Produc- tions, Ltd., for UA release, is one of those legal things. Officially, al- though production activities of Korda are being shifted to the new company from London Films, the London Films-UA contract is still in effect and will continue to be until delivery of five more pictures, plus balance of purchase price for the unit of UA stock issues to Korda. Technically, therefore, although the same principals and the same money are involved in both produc- ing companies, UA is scrupulously sticking to its distribution contract with London Films. To accept pictures for release from the newly formed Korda Pro- ductions, although such action has supposedly been okayed by the UA board of directors, might lead to legal complications in view of the Goldwyn suit against the corpora- tion now pending. Studio Space At Premhiin, Indie Production Spreads Hollywood, March 28. For the first time in 10 years indie producers are faced with a shortage of studio sapce. Some of the lots are filled to capacity and others have bookings enough to keep them crowded until next fall. Some of crowding is due to overflows from major studios. Ed- ward Small's The Man in the Iron Mask' is using all four stages at Gen- eral Service. Grand National is go- ing at top speed on the rental plan, and will shortly roll two of its own pictures. The B. P. Schulberg plant Is entirely occupied by overflow from Columbia, Talisman is prac- tically filled by Monogram produc- tions, and 'Gone With the Wind' is using all available space at Selznick- International. Johnston Due East W. Ray Johnston will return to New York to discuss 1939-40 sales and other matters in about two weeks. In the east for Monogram's recent annual meeting, he is pres- ently on the Coast | Later in the spring or early sum- mer Johnston plans going abroad. HAIIDEST SELLING IN HISTOIIY SEEN Disturbing Conditions in Film Biz Generally, Anti- Trust Suits, Etc., to Give Salesmen Plenty of Head- aches — : No Picnic Last Year, but '39-40 is Ex- pected to Be Worse EXHIBS' AMMUNITION Disturbed conditions in the film business generally over litigation, trade practice reforms, chain di- vorcement clamor, the U. S. anti- trust suit against distributors, the Interstate price -fixing upset and a maze of other troubling factors — supplemented by probabilities of strong exhibitor resistance — are cre- ating extreme uncertainty over this year's selling season and may make it the toughest in the history of pic- tures. That it won't be chUd's play go- ing out to get contracts at terms satisfactory to both sides, from either the big chains or the inde- pendents, is something no one is de- nying in the face of the many up- setting developments of the. past year. Last spring and summer it was no picnic trying to get exhibi- tors and buyers to come through, regardless, of the pressure, and this year it promises to be tougher. Deals on which negotiations had dragged fot months, with large cir- cuits as well as small indies turn- ing a cold shoulder defiantly, were stiU being closed up on the current ('38-39) pictures as late as last fall, after a lot of product offered had gone on release. Yet : some of the distributors are rushing out early again this year. Two sales conventions have al- ready been held (Warner Bros, and Metro), but others, including 20th- Fox,. Paramount and RKO, are also trying to get some accounts on the dotted line for the '39-40 programs prior to official announcement of schedules. Thus, these companies are pushing for contracts on prod- uct that will not start going on re- lease until August 15 or September 1, five to six months from now. Con- sidering that the programs go through to the following August 15 or thereabouts (in 1940), the buyer is signing up for product which he won't get until 17 to 18 months from the present WB First Being the first to go out to sell with its complete lineup set and its convention held a week ago, War- (Continued on page 10) No Coin, Justice Dept. s Ideas For More Trust-Bustmg Suits Vs. Films TemporarOy Staved Off 90 Old Men 'Hollywood, March 28. Old time actors get a break In Columbia's Frank Capra pic- ture, 'Mr. Smith Goes to Wash- ington.' Script requires 00 elderly senators. Three British Indies To Be Released Abroad By United Artists United Artists will distribute three pictures In Great Britain to be made for them by a newly formed produc- ing organization, the Aldrich Film Co., backed by the Harrlson-NevlUe- Fogwell syndicate. Pictures are to be directed by Albert de Courvllle, the first one ro\t\% into production at Denhan>, titled 'An Englishman's Home' by Guy du Maurier. It's a play dealins with a possible German invasion of England. News of this production setup was disclosed by Arthur W. Kelly, UA foreign head, on his return from a South African and Continental tour last week f23). Aside from the Kor- da and Aldrich product, Kelly also arranged tor distribution of another British film. 'The Band Wagon,' to be produced by Jack Hylton and Jack Buchanan, with the latter fea- tured. A. A. Lowe, formerly Far Eastern renresentaHve of UA. has •' been transferred to South Africa. He will not assume his new post, however, for some time. With U A Another 2 Years; y Pix Hollywood, March 28. . United Artists continues to release Selznick-International pictures for the next two years. An agreement was reached Saturday (25) after a three-day sesh by Murray Silver- stone, UA prexy, with Jock Whitney, S-I board .chairman; David Selznick, president, and Henry Ginsberg, g. rh. of the company. Although plenty of pressure had been put on the Selz- nick producing group to join RKO, they decided to accept UA's terms, which embrace Silverstone's distri- bution plan calling for the industry's lowest releasing cost for ' major product. Six to eight films will be delivered over a two-year period, with the first, 'Intermezzo,' being scripted by John van Dniten, set to start May 1 for early fall release. Next to go, on June' 15, will be Daphne Du Maurier's 'Rebecca,' un- der Alfred Hitchcock's direction. Other Selznick properties likely In- cluded in this group are Charles Morgan's stageplay, 'The Flashing Stream,' 'Ordeal,' Titanic' and 'Free- dom of Press.' DAVE LOEW'S ANOTHER NOW AUGNED WITH UA Hollywood, March 28. David M. Loew today signed con- tract to produce and release two pic- tures yearly for three years through United Artists. Deal, whigh started between Loew and Murray Silver- stone, UA g.m., on Friday (24), was cemented at 10 a.m. this (Tuesday) morning. Loew plans making two $1,000,000 pictures with an outstand- ing director and star yearly. He will headquarter at Selznick-Inter- national studios and Immediately start assembling his organization. Loew, who was with Loew's, Inc., for 20 years - in theatre operation, produced a series of pictures with Joe E. Brown for three years, re- leasing them through RKO and Co- lumbia. His final one, 'Flirting with Fate,' is now being released by Metro. Loew's first picture under new UA deal' will be delivered in Novem- ber or December. Silverstone and Edward C. Batt- ery, UA counsel, probably, return to New York at the end of this week. Final signaturing of the Selznick contract will be done east with Jock Whitney. Washington, March 28. Failure of the House Appropria-. tions Committee to boost the Justice Department's trust-busting fund staves off, for the moment, at least, threat of additional anti-trust actions against the film business. But the prosecutors are carrying on a stren- uous fight to get the required caish so the crusade can be broadened In the fiscal year which opens Jiily 1. Casual annoimcement — confirming story in Vabiett several weeks ago — that more suits are being readied, was brought to light Wednesday (22) with publication of testimony on thei second of the usual deficiency bills. Prof. Thurman G. Arnold, assistant attorney-general in charge of anti- trust enforcement, I9 quoted as hav- ing remarked, 'Even now we should start 10 movie cases,' The request for $70,000— needed to pay salaries of 64 more lawyers and 63 extra stenographers whom the D. J. wants to hire in order to pep - up -its broad-scale attack- on monop- olies—was nixed by the Appropria- tions crowd with observation that 'the matter is one which should go Over for consideration in connection with the 1940 estimate' In view of the fact that additional help would result in an annual outlay of $295,000, swelling the yearly anti'-trust divi- sion expense to $1,170,000 on the basis of this year's allowance. The Department has requested $1,530,000 for the coming 12 months, but Indi- cations are the figure is due for sharp pruning. Civil or Criminal? Whether the suits would be dvll or criminal is a guarded secret Arnold gave the House committee no details, although he said the matters for which the extra personnel Is desired at this time are of the type which should not be put off until the next fiscal year. Reported the sort of evidence available would justify either kind of "court case, with the lawyers still trying to figure out the prospects of success before making a decision. Grapevine intelligence ia that Arnold wants to launch actions in several dUTerent jurisdictions, on the theory that all eggs shouldn't be (Continued on page 19) HAL ROACH RUSHES TO REOPEN STUDIO MAY 1 Hollywood, March 28. Hal Roach is rushing work on 'Housekeeper's Daughter,' intent on ] reopening his studio May 1. Origi- | nal plan was to keep it closed until May 22. I Joan Bennett and Adolphe Men- ! jou are signed for the cast, which Roach will direct I Trada Mark R«Klilarcd FOtlNDBD BY BtMB SII.VBRMAN robllHlied Weekly by VABIETT, be. 8ld Sllvarinan, Praaldrnt 184 Waat «th SIreat. New York City SUBSCRIPTtON Annoftl 110 PorelKD Ill illntle Copies ti Centi Vol. 134 'No. 3 INDEX Bills 38-39 Chatter 45 Concert 43 Dance Bands ..30-31 15 Years Ago 35 Film Reviews 14 Film Showmanship 8 Forum 47 House Reviews 36-37 Inside — ^Leglt 40 Inside — Radio „. 20 International' News 11 ..egitlmate ..'. 40-44 Literati 44 Music .30-31 New Acts 34 Night Clubs 32-35 Obituary 40 Outdoors ...,' 46-47 Pictures ;. 2-19 Rjdlo ; .......20-20 Radio Reviews 22 Radio — Interhatlopp.l 24 Unit Review 35 Vaudeville .32-35 VARIETf PICTURES Wedaeedaj, March 29* 1939 Hays Annual Report Reviews Fik Biz ProUems; Starts Hb 18th Yr. Will Hays' report to the Motion Picture Producers and Distributors Assn., at the annu&l meeting in New Yorlc Monday (27) answered critics who bewailed the so-called limited scope of the screen, stressed the de- velopment of features as to realism, took a slap at publicists who dis- tort. Hollywood life and Its stars, treated on the foreign situation, and took exception to those who sought to alter the whole structure of the film industoy. On the latter sub- ject Hays declared that trade prac- tice developments still held hope for .construotlve adjustmoit within the Industry. " Although not mentioning the Neely bill or kindred measures by name. Hays pointed out that Violent, heed less changes on the form of struc- ture' of the business would effect the entire business. The annual meeting of MPPDA re- elected Hays president He now be- gins his 18th year .as chief execu- tive of the association. Session also received the. Courtland Smith report on television as It concerns the film business. No spedflc recommenda- tion was contained in the report, but it was discussed in some detail and filed for reference. Foreign Sltoatlom The foreign situation and its ef- fect on the industry received more attention than any other topic. No "action, howiever, was taken. Direc- tors convened Immediately after the session and will meet again, prob- ably today (Wednesday). Concerning the widening scope of pictures, Hays' report said: 'It was InevHable tiiat the scope of screen entertisilnment would be greatly enlarged with Improved dra- matic technique and higher stand- ards of appreclation-to a point where the screen would become more and more socially and educationally im' portant 'Actual experience has proved tliat 'artistry can treat .any- subject within the boundaries of good taste and sound morals vnder the Motion Pic- ture Production Code. And any means ah]/— even those subjects that serve the important purpose of com- plete r«ilaxatlon, that shout no mes' sage, .point no moral or teach no lesson.'- Hays. claimed that the. call was for ^ pictures treated with r^fillsm drawn ■ from life, of the problems of the ^ average man aihd woman among the rank and file of the people,, and that this already Is reflected in the In- creasing number of successful enter- tainment films, presented in simple terms and without exaggeration. Eact that the screen has handled successfully themes of contentpor- aty thought In dramatic and vivid form and presented the subject mat- ter .as splendid entertalmneht, rather than propaganda, proves how much pictures can do today, and how much more It can do tomorrow, according to Hays. 'American pictures serve a world audience,' he -said. Hiey are uni- versa.I coinaee which must be kept sound and imdebased.'* Hays stressed the fact that Amer- ican leaderslilp in films continues, notwithstanding 'the many, barriers raised- against the distribution of U, S pictures, and .tliat this is of indus- trial Importance. Somewhat counter- balancing factors during the year were the increase C8 'on a .television transmitter which Paramount plans to erect at the studio wltliin the ' next six months. Intention would Ise to lo cate transmitter somewhere in Hollywood, not necessarily at the studio, and use company's own pic- ture talent for visio broadcasts. Tasker .also came east to testify in tlie patent litigation involving United Research Corporation and Warner Bros. Pictures. ' Tasker was formerly connected with United Re- search. Suit over methods for op- ticdly recording and reproducing sound was brought by 'VlrgU C. Crites, of the American Develop- ment & Operating Co. Crites seeks an injunction and accounting. mm LANGUAGES MLEGISUTOR London Newsreekrs Not to Charge Extra Hereafter for Tekvish Shows AT HAYS MEET Sane Slate Belceted— List ef These Attending Besides Will Hays, the annual meeting of the Motion Picture Pro- ducers & Distributors of America) Inc, re-elected Carl MiUiken. secre- ta^r; F. It. Herron, treasurer; and (Seorge Borthwick, assistant treas- urer. Directors re-elected were Bar- nel Balaban, Nate Blumberg, Jack Cohn, E. B. Hatrick, Sidney R. Kent Sol Lesser, Cecil B. DeMille, Earle W. Hammons, Will Hays, F; L. Her- ron,. Hal E. Roach, George J. Schaef- er, Nicholas M. Schenck, Maurice Silverstone, Albert M. Warner and Harry M. -Warner. Members attending the meeting Monday (27) were Jack Cohn, E.'B. Hatrick, E. W. Hammons, Nicholas M. Schenck, Barney Balaban, L. 'V. Calvert (representing Merian . C. Cooper, Pioneer Pictures), T. Kenne- dy Stevenson, of Electrical Research Products, Inc.; H X. Sommerer, Ra- dio Corp.. of -America: Creorge J. Schaefer, Nate Blumberg, Hays ahd Herron. Siritzky Deal Cold, Morros Approadifflg French Prods. D^ect Paris, March 28. Leon Siritzky, French chain the- atre operator and financier of French film productions, denies he consum- mated any deal with Boris Morros. It was previotisly reported the deal embraced 22 French films for U.S. release and/or possible U.S. remake under joint Morros-SIritzhy auspices. Sacramento, Mar. 27. The assembly judiciary general committee this week tabled two bills by Assemblyman Chiester F. Gannon which woiild affect radio broadcast- ing In foreign languages and foreign language newspapers. <)ne measure,, killed at request of the author, would require the ImW- diate febroadcasting in English of any program broadcast in a foreign language over any broadeaisting sta- tion in California. The other bill would' require the printing In an adjacent colunm an English translation of material la a foreign language newspaper. Hollywood, March 28. Boris Morros here bonflrms the re- port that his Siritzky negotiations are now cold, but ascribes that to the fact the French film man was unable to deliver the pictures agreed upon. Morros states that Jacques. .Grinless, formerly acting for Siritz- ky in Ajnerlca, is now representing him (Morros) and that Grinless sails next Saturday (1) to consummate IVench film releasing deals directly with tlie indie producers, rather than acting through Sirltzl^. Two of the pictures Morros an- nounced he., had distribution rights on were 'Quay de Brumes' and "Le Rol S'Amuse,' which have since been announced for release In the U.S. by newly formed Film Alliance of the U.S., Inc., formed by Harry Brandt and Nat 'Wachsberger. Latter is due In New York from Paris the end of this week. JIMMY'S GOT IT D. B.'a Sen TaUnr Goidwyn's 'Wntherlns' FIs Abniad James Roosevelt Is due to sail Sat- urday (1) for London with a print of 'Wutherhig Heights,' Samuel Gold- wjrn's production for United Artists. Figured this win get the film tre- mendous intematlozial atte'ntlen. Mrs. F. D. K. Goes WB ' Hollywood, March 26, Sam Goldmyn has no monopoly on America's No. 1 .family, «ven thou^ James is on his payroll. When pro- ducer Invited Mrs..F. D. R. to. attend the Hollywood preview ofWufherlng Heights,' the Warners countered with the announcement that Franklin D, RooseveK, Jr., will be a -guest at the big doings in Dodge City, Kansas. Deal w^ arranged by "young, Frank's friend, Bruce Cabot Goldwyn Sabs ^bobge' For Ca?alier Pktore Hollywood, March 28. 'Sabotage,' dealing with the air- craft industry reptaees. '13 CJo Flylijg' on Samuel Croldwyn's pro- duction schedule. 'Thirteen,' based on disaster to &itish plane. Cavalier, was volun- tarily withdrawn to avoid objec- tions. Stii£o Contnu^ Hollywood, March 28. Warners picked up writer option on F'red Nlblo, Jr. Selaiick - International signed Michael Foster, writer. 'Vera Lewis' player option lifted by Warners. Gene Markey renewed as asso- ciate producer at 20th-Fox. 20th-Fox hoisted option on Julian Johnson, story editor. 'Warners handed new player pact to Lya I^s. 20tii-Fox lifted player options on Jean Bogers, Iva Stewart Alice Ar- mand and Richard Bond. Metro filed new minor contract with Lana Turner. Warners picked up Richard Ma caulay's scripting optica Norman Deming inked director ticket at dolumbia; Par -Board Meeting Maybe on Tkrs. (30) It a quorum can be bad. Paramount will hold a board meetiis tomorrow (Thurs.) In New York, following postponement last Thursday . (23) when hot enough directors could be rounded up. Stanton L. Griffis .geta In today (Wed.) from Florida for tomorrow's session, but not known whether E. 'V. Richards will come up from New Orleans. Members of the board at present In N. Y. include Barney Balaban, Austin C. Keough, NeU F. Agnew, John D. Hertz. Understood that final figures on ttie 1838 net of company, estimated at $4,086,000, will not be announced un< -til the md of AptH. LuUe Rainer't Play London, March 28. Luise Rainer has been signed by Henry Sherdk to appear in a new comedy here by Jacques J>eval. He's the author of Tovarlch.' The play is due to open In London in early May. London, March 17, British Broadcasting Company dis- claims any monopoly of television in an official pronouncement which ad- mits the right of theatres to put on big screen shows to the public, sub- ject to conditions. Manifesto die* Clares BBC does not oppose re-dif« fusion on national ' or- big sporting events, but In latter case stipulates agreement must' be obtained, from the promoter and there shall be no exclusive right for any group. Applicante must also be granted re- production righto' on equal terms; that is to say based on seating ca- pacity of the theatres concerned. Big screen shows are stIU regarded as experimental, says BBC, and permis- ision can therefore be granted, though future policy Is still being discussed by the government's Tele- vision Advisory Committee. Meantime, second event on a big screen was the Harvey-Gains battle, which made a . disappointing show and revealed limitation of visio as theatre entertainment -by pointing to the fact only outstt^ding-Thaterlal will stand up to»presihtatlon. Jack Davis had this all 'to himself at his new MonseigAeur, using Scophony, but though he got a full house there was. little or no enthusiasm, due both to the floppoi fight and to indifferent broadcasting. Davis Is understood to have paid $1,000 for the exclusive theatre rights. Interested onlooker in the audi- ence was John Maxwell, only major theatre operator so far not definitely linked to vlsIo. The. weisenhelmers iiave him dickering for installations in- his Associated British theatres, but these reports ^ are denied. Solomon Sagall says he will put a big screen Scophony television in- stallation into the Odeon, Leicester Square, very shortly. One of the larger theatres In the West End belt this will demand evien larger dimen- sions than the 15-ft image given by Baird in ita demonstrations at Mar- ble Arch Pavilion, and Scophony's hope is to quickly complete a 25-ft screen, which would equal the size of the biggest film picture. Until now, system hasn't got beyond 9 ft, biit with ita mechanical construction it just needs enlarging the equip- ment as far as practicable, plus ii method of ensuring the same bril* liance as Is got at the small size. Sagall hopes this way to comf back at Cinematograph Exhibitors Assn., who just Issued a technical re^ port in which they quoted techni- cians as dedaring mechanical sys- tems like Scophony had. reached their upper limit as far as larga screen was concerned. He chal- lenged them to name their experti^ claiming the only people with knowledge of technical advance are those connected with companies now researching. The novelty of big screen visio en- abled Jack Davis to pack the Mon- seigneur at. Marble Arch at a prlc* range from $1JZS to $5.25. But after the televised showing of the Harveyr Gains fight, Davis, proprietor of the chain of Monselgneur newsreel cine- mas, stated this would be the last of the special shows at hicreased prices. "From now -on,' he said, 'well cut into the regular newsreel program with spota of television every time anything of sufiiclent topical inter-: est is broadcast fr6m Alexandra Pal> ace. The ilrst of these all-for-the-> one-price showings will be Saturday afternoon's' shots of the track meet between Oxford and Cambridge. Of course; once In a while when, the Im- portance of the event Is big enough, there may be special showings for which special -prices will be charged —such as ' a world's championship fight tor Instance— but in the ordi- nary way television -will be a regu- lar part of the newsreel program.' Vikado' at H. T. Alter Unlversal's release 4^ Ta^ Mikado,' produced by Geoffrey Toye In 'Eng- land, goes mto the Aster, N.Y., for a run following 'Pygmalion.' Latter film will continue at the Astor foV possibly another month. The Mikado' is due to start no later than May t. ' ■ On Wings of Song Hollywood, March 28. Shooting was resumed yesterday (Mon.) on Samuel Goidwyn's musi- cal drama, 'Angels Making Music,', formerly The Restless Age,' after months of delay. Jascha Heifetz, who had played his violin for 2,800 feet of film last fall, finally agreed to return and finish the picture. Starting yesterday under Archie Mayo's direction were 'Joel McCrea, Walter' firenhan and .Margot Steven- son. ' Heifetz Is due April 24. WeJncsday, March 29, 1939 PICTURES VARIETY HTOD PAS CRACK DOWN Stidliiig Neely Ends; Hearings April 3 Washington, March 28. Threat to force a showdown last week brought an end to stalling on the block-booking legislation. Senate Interstate Commerce Committee launches hearings, April 3, on familiar cuce-all idea of Senator Mat- thew M. Neely, of West Virginia, Break in the Jog-jam came late In the week when Democratic bosses applied the heat following Neely's announcement he would move to discharge the committee from further 'consideration' of his brainchild. Never actually brought the question to a head and Thursday (23) dropped his motion after Senate Democratic Leader Alben W. Berkley fixed things for testimony-taking, Doubtful that thie sessions will be extensive. Neely takes the view that the archives are jammed with prior arguments of the industry • foes of his proposition and sees no reason for spending considerable. . time going over the same ground. In the last decade, several sets of' hearings have been advanced in each chamber, although, none in the past two years. The producers and distributors are expected^ however, to advance a new reason for not passing the legislation. Voluntary attempts to . work out a trade practice agreement with the Independent exhibitors I., unquestionably will be cited as valid objections to rushing ahead with ' a restrictive statute at this time. But Neely, it has been hinted, will receive the support from the Roosevelt Administration.' Justice De- partment people are described as inclined to give secret boosts, in a disguised attempt to obtain revenge for the resistance put up by the industry to the New York anti-trust action. Second Draft of Trade Practices Due to Be Mailed Out This Week Following a meeting yesterday (Tues!), attended by sales managers pt the major companies and the at- torneys representing them, who have been grappling with wordage of a trade practice plan for weeks, a final draft has reached the point where it will probably be drawn up today (Wed.) when another meeting li to be held on It The completed draft may go out before the end of the week for consideration of leadhig .^ibitor bodies. Although much delay has been .4S»used by a flock of attorneys who ■have been arguing over the language to be used in the trade practices tgiieement, placement of commas and the like, additional delay has 'beat caused by 'the absence from N^w York for a month of William F. Rodgen,' spokesman-leader of the distributor group, and of S. R. Kent, chairman, plus others. Rodgers got back Saturday (25) end Immediately arranged yesterday's meeting In the hopes of action on a revised pact Lewis is thinking of becoming a flint actor, in the same role he. played on the stage. .- .The form of agreement to govern distributor-exhibitor relations in the future, effective with the 1939-40 product ,WU1 be submitted to 10 leading, eithib organizations headed Iby the two national bodies, Motion Picture Theatre Owners of America and AlUed States.' The eight other groups are local qrganizatlons. . Abram F. Myers, general counsel of Allied, has been sitting in with the attorneys for the purpose of dis- 'cusslng wordage, provisions and the like, plus offering suggestions. .^It cannot be estimated how soon, « at al\, the leading exhib organlza- .tipns win approve the second draft •J?"* them. Also some may reject the new form the same as they did W first draft submitted, demand Other changes, . eliminations, addl- *«>n9, .etc. The procedure will be to forward, the draft to the directors of toe various exhibitor organizations ''oard approval. Then each ex- hibitor body will have to seek the voloe of its membership. ii has been Wnted that If not all M the 10 exhibitor organizations eventually sigh the trade practice ■greement it will be placed into ef- fect for those that are wilUng to Moptlt Meantime, distributors are "king 1939-40 contracts with a sUpu- «tlon that if and when the trade pracUce reforms are put into force, «»ey wiU be retroapUve under the Mies now behig made. Sine LewisTik Unh ■ , t.^Jjx^'l'r Lewis and John j. WiUd- Broadway lawyer and legit nnTu "^i- forming an Indle unit to flhn the Lewis play. Aneela Is 22.' Just We Two Hollywood, March 28. Two People,' feature-length picture, with a cast of two peo- ple, is the plan of Sam Zimbalist at Metro. Players are Margaret Sullavan and James Stewart supported by a pooch. Jane Hall Is ' developing the ■tory. IfWOOD EXECS m HIT BY PROD. noM Hollywood, March 28. W^ak sisters among the directors and associate producers are due to get the axe, with Hollywood prepar- ing to whittle from 60 to 60 features off Its 1939-40 production program. Further whittling Is In store for con- tract player rosters, currently at a low notch. With foreign markets shrinking, film company heads are awakening to the necessity of better pictures to cultivate new fans in the U. S. As- sociate producers and directors in the high brackets, who have been getting by with run-of-the mill pro- ductions, are in for a trimming un- der the reduced schedules. Writing staffs will suffer less severely because bigger pictures, planned by major companies, will require more collaborators. Axe is due to fall as soon as the 1938-39 pro- grams are in the bag. SARONG STAR SUED FOR 6 SONG LESSONS Before going on opening day Wednesday (22) at the Paramount N. Y., Dorothy Lamour was served with a summons In a suit brought by Alfred C. Evans, of the music de- partment at NBC, alleging the Par star owes him $6,000. . This amount is alleged to be due for six' vocal lessons which Evans claims he gave Miss Lamour at an agreed $1,000 per lesson. Plaintiff was with NBC at the time, but is no longer connected with the broadcast- ing company. Miss Lamour Is getting $3,500 a week on a 14-day booking at the N. Y. Par. $150 PER WEEK Demand $50 Minimum for Young: Flacks, Five-Day Week for All — ^Readers Also After More Coin, Fewer Hours 20th-Foxites Chicagoward From Afl Points for Sales Convention NYLANDER BACK Hollywood, March 28. Film publicity agents are demand- ing -a minimum salary of $150 weekly for senior flacks. Contract proposals submitted to producers by the Screen Publicists Guild call for a minimum of $50 week for. appren- tices, $60 for second-year men, and $70 for. third-year workers. After the third year, men would be classed as seniors and would receive $150. Flacks also are demanding a closed shop in industry and 40-hour week of five eight-hour days. They also want one week vacation for each six months employed, with two weeks off for first two years and three weeks' vacation after second year. Publicity writers who are current- ly getting $150 week or more would not be affected by new scale, flacks asking agreement that no salaries be cut No p.a. is to receive less than 10% increase where salaries are to be adjusted under Guild man- date. Demands were submitted at con- ference between SPG negotiating committee, Pat ' Casey, producer- labor contact and committee of major studio managers composed of Keith Glennon, Paramount; Sid Ro- gell. RKO-Radlo, and William Hol- man, Columbia. Program will . be submitted' to Producers Association this week and another conference arranged with Guild representatives. The Screen Readers Guild also has submitted demands for a wage tilt shorter hours and Improved working conditions. Readers want pay upped from present scale of $35-$60 to a mlnimxmi of $6S for regularly em- ployed studio readers^ $75 week for special readers, and $12 minimum for outside readers who read books of 300 pftges or less. Readers want one-year agreement Extras List Trimmed ' Screen Actors' Guild announces that since Feb. 13, 1938^ the extra ranks has been reduced by 3,460. Of this numlier 117 were placed in the part player classification, 803 were granted withdrawals and 2,743 were suspended for being delinquent In dues or other infraction' of SAG rules. ' ■ . Fight for control' of the Class B members of Screen Actors Guild reaches a climax April 16 with election of 17 new members of Junior Council, 'which initiates leg- islation and rules for extras and other Class B actors. Nominations already in for the election include Capt. C. E. Anderson, Bob Davis, Frank Edmunds, Jack-Gambel, Ken- neth Gibson, Jesse - Graves, Bobbie Koshay, Lilian Lang, Theodore Lorch, Frank Meredith, Frances Miles, Sandra Morgan, Patricia Patrick, Captain John Peters, Bud Rae, Edward Regan, Harry Stafford, Elliott Sullivan, Dale Van Sickel, Monte Vandergrlft AUan Watson, Flo WIx and Eddie Aguilina. A president and other officers of Class B division will be elected by Junior Council. Major Philip J. Kieffer is now completing his first term as president . Licensing agreement between Screen Actors Guild and the Artists Managers Guild will limit contracts ttetween agents and their clients to three years. The SAG had fixed limit at 12 months, but big agents protested this would not protect in- vestments they had made in develop- ing players into the star class. Agents asked that limits be hiked to five years but finally compromised on three years. Under licensing program all contracts, will initially be for one year. At the end o\ tha' (Continued on pa*^ 18) On the Brink Hollywood, March 28. Mounting wages of players and technicians are threatening the lite of the cliffhangers. Veteran producer of serials complains that a 15-chapter tale he pro- duced three months ago would cost $16,000 more under present wage-hour schedule. Unless something is done to ease conditions, he declares, dif- fers will soon be on their way out PICS' BIOG RUSH HAS LAWYERS JUMPY With major studios breaking out in a rash of biographies film law- yers, east and west are busy these days scanning scripts to prevent pos- sible lawsuits. More than 30 yarns based on historical personages are in the writing mills, with more to come, and many of the charactei-s under treatment have living rela- tives. Touchy relatives are bugaboos to studios producing biographical films. A recent instance is the legal action agahist 'Suez' by Ferdinand De Les- seps' descendants who did not like the way their ancestor was por- trayed. Another studio is keeping Gene Fowler's "Tlmberline' on the shelf for fear of reprisals from rela' tives'Of the characters (Bouflls and Tammen) involved. Leading the biographical parade is 20th-Fox, with 'Jesse James' in circulation, 'Alexander Graham Bell' ready and |Young Mr. Lincoln' and 'Stanley and Livingstone' in produc- tion. In preparation are the lives of Brlgham Young, Belle' Starr, Lillian Russell, Charles P. Steinmetz, the electrioal wizard, and others. - At Warners the biographical trend runs to Beethoven, Queen Elizabeth, Knute Rockne, Disraeli, John Dil linger. Dr. Ehrlich, Don Juan, John Paul Jones, Juarez and the Rev. Martin Niemoeller.- Paramount Is screening Geronlmo, Gus Edwards, Dr. William Morton, Victor. Herbert King Arthur and Casey Jones. .Metro Is doing Thomas Edison, Flo Ziegfeld and Mme. Curie. Republic has Sam Houston in the bag and Is going to work on Ulysses S. Grant and Jimmy Hines. Edward Small's next picture is about Kit Carson. Writers are stirring up dust on long forgotten shelves of libraries and lawyers are microscoping the scripts for legal loopholes. 20th-Fox's European, Latin Sales Meets Importance attached to the foreign field, especially the Latin-American market is seen in plans for holding three conventions in foreign terri- tories this year by 20th-Fox, and the fact that Sidney Kent W. J. Hutchin- son and Herman Wobber plan tak- ing in at least two of them. The convention for European managers is slated for May 4-6 in Paris. Wob- ber now is contemplating going with Kent and Hutchinson, sailing April 28 or 29. . From Paris, the 20th-Fox execu- tive party goes to Buenos Aires, where the conclave of South Ameri- can managers will be held June 11 to 13. Not determined whether Wob- ber will make this jaunt but both Kent and Hutchinson will attend. Hutchinson and Kent then plan to go to Trinidad where the convention for Central Amierican countries will be held. It's the first time that so much attention has been given to both South and Central America. Home office sales forces and dis- tribution rejpresentatives from the east left yesterday (Tues.) for Chi- cago to attend this year's 20th- Fox convention, starting tomorrow (Thurs.) and continuing three days. Harry Buxbaum, district manager at New York, was delayed due to union troubles resulting in walkout of film exchange workers,, but hoped to be able to fly to Chicago today (Wed.). Contingent from the home office IS headed by 20th's three sales man- agers, William Sussman, William Kupfer and WiUism Gehrlng, plus others, while coming on from the Coast are S. R, Kent and Herman Wobber. Kent Joe Schenck and Darryl Zanuck have been discussing the 1939-40 lineup on the Coast Pro- gram, to be an aiuiounced by them as set in Hollywood but about which the east has not been officially noti- fied, will run somewhere between 50 and 60 pictures, probably nearer 50, and maybe less than the 55 sched- uled this season (38-39). An innovation by 20th-Fox will be the use for the first time of fac- simile broadcasting by a film com- pany, with publicity of the company to be announced through a deal wiUi WOR Under the arrangement com- pleted Monday (27), 20th-Fox. will have exclusive facsimile broadcast- ing rights with WOR. A regular daily service of publicity matter and photographs will be broadcast Facsimile broadcasting was starred by WOR a year ago when the first printed columns of material were successfully transmitted over the air, carrying a visual story. Photographs of 20th-Fox talent and Items 'will figure in the new system of broad- casting. The broadcasting for 20tbi Fox started yesterday (Tues.). Kent Wobber En Boate Hollywood, March 28. Sidney Kent entrained Monday (27) for Chicago. Herman Wobber, sales- headC leaves today (Tuesday) from his home in Frisco. No studio execs are attending the sales sesh. Discussions at the studio by company heads indicate fewer pictures will be made than last sea- son's 52, but more coin' budgeted on tcUL Cot's Meets Details concerning Columbia's '39- 40 plans are e'xpected to come up for discussion this week following re- turn to New York Monr^ay (27) of Jack Cohn, v.p., and Abe Montague,' general sales manager. Montague has been in New Orleans, while Cohn was in Hollywood, Fla. Although no advance plans have been made. It is probable that Co- lumbia will hold regional sales meets either In May or June. JACKIE COOPER SNAGS 4G WEEKLY AT PAR Los Angeles, March 28. Jackie Cooper's $36,000 ' two-pic- ture contract with Paramount was filed in superior court for approval. Young actor Is guaranteed $4,000 a week for a nine-week shooting, schedule on ''What a Life' and 'Sev- enteen.' Thos. Dixon Marries His Literary AssL Charlotte; N. C, March 28. Thomas Dixon, 75-year-old author, and Miss May Donovan, ;.is literary assistant were married March 20 In the bridegroom's suits at a Raleigh hotel. Mrs, . Dixon Is 44 years old and a native of Cleveland, O. She has been assisting Dixon In his writings for the last 18 years, - The bridegroom is the author of The Clansman,' later filmed as 'Th* Birth of a Nation.' Dixon's first wife died In December. 1937. VARIETY PICTUMBS Wedoesdajt March 29^ 1939 Mercbants Support PhiUy Indies' Ilea for Better Qearance on Novel Theory Timfler Fix Get Good Biz Philadelphia, March 26. Businessmen of Bryn Mawr, Philly •uburb, who a few weeks ago passed a resolution supporting ezhibitw Harry Fried in his battle against the Warner circuit and the major, dis-' tribs over clearance, are reported this week to be^oing a step further. They are preparing a court suit on their own behalf In an endeavor to get a better break on clearance for Fried. In one of the inost unusual film actions ever taken, the Bryn Mawr Business Men's Association will maintain in Its bill of complaint j^at members' own businesses are .being Injured by monopolistic practices In restraint of trade being used by the circuit and distribs. They claim that good product in Frled's Seville the- atre brings more customers, result- ing in better trade for their stores, and, conversely, poor product drives business to other shopping centers. Trade follows good films is the basic thesis. Fried has filed a suit himself against WB circuit and nine' dis- tribs. It will come up in U. S. Dis- trict Court in May. Action is in be- half of his Suburban tiieatre, Ard- more, and the AnUiony Wayne, Wayne, as well 'as the Seville. All are within a few miles of each other along the Main Line gold coast of Montgomery county. Meanwhile at least three other suits on clearance difficulties are be- ing prepared here. They are planned by George Graves, operator of the Carman; Eugene Mori, operator of a theatre in Vineland, N. J., and Morris Ger'son, of the Colonial, Over bro(^ .With a general shakeup in clear' ance due here shortly .as a result of Warner price cuts, tho circuit has taken action to head off as many jus- tifiable suits as possible. It has retained Ben Golder, kcal film at- torney, as a buffer and conciliator. Golder has for many years fought on the side of the exMbs and has won many victories for them in the courts at his own expense. Golder is the son-in-law of the late Jules Mast- baum, founder of the Stanley Thea- tre Co., predecessor of the Warner circuit here. Anzac Squawk On Page 11 of this issue^ the New South Wales exhil}S take a contrary view to Mort Singer's puff for Hollywood. The down- under exhlbs blame the shortage of quality U. S. film for the An- zac b.o. dip. irW0eD lEALLY HTPJES JODIWI E.O. Philadelphia, March 28. Leopold Stokowski's fllni buildup during the past few years has defi- nitely made him a bigger concert draw than ever before, according to execs of the Philadelphia 'Orchestra association. In Fhilly for a four- week appearance with tiie orch, he has maintained sellout houses all the way. Face is considerably snappier than it was at the concerts he con- ducted last year and, of course, much better than when he was podlumiz- Ing regularly with the crew. ■Always a sellout in the upper floors of the Academy of Music here, Stoki's increased draught according to Alfred Reginald Allen, orch man- ager, can only be measured by the number of prospective patrons turned away. The effect of his film activity is not only to be seen in 'the balconies, however, but on the main floor as well The proportionate in- crease in the cheaper- seats is greater, though, than in the more. expensive ones, which Is taken as an indica- tion that the fllih work has created a new and wider audience. This is claimed by Stokl to have been one of his chief reasons for taking it up. Same -response received in Philly has been felt in the out-of-town con- certs by the blond maestro and the orch. There was one in Baltimore, one in Washington and one is sched- uled In New York today (Tuesday). -Philly has seen Stokl in four con- certs SO' far, with three more regular ones and a Touth Concert still to go. Still BijT Budget Man Hollywood, March 28. Tex Rickard, a big budget man in his day, gets a high allotment in the Btoiy df his life, 'The Champ Maker,' at Republic. Written by Frank Scully and Ken- dall Evans, yarn is listed as one of studio's toppers for 1S39-40. Mort Singer's l%ig For H'wood Product; Cool OB Stagesliows Minneapolis, March 28. Stopping over here to inspect his Orpheum theatre en route to_ New 'JTork from Hollywood, Mort H, Slqger; veteran theatre. operator, de- clared that the hopes of ezhil^ rest on the film producers because the cwnparatlvely few stage attractions avalUble boost the nut for the show- houses so high that even an abnor- mally' high gross leaves little net profit "The exhibition end of the business has reached a stage where a week's profit on a film boxoffice hit must carry a theatre over a succession of losing wedis,' declares Singer. The public no longer has the funds or inclination to patronize ordinarily good pictures, but must have the ex- ceptionally strong. It's mainly a case of reduced purchasing power. If we can get one of these boxoffice pic- tures every month, it wiU carry us over the lean weeks.' Singer doesn't foresee any Imme- diate change in the trend or types of theatrical entertainment Vaudeville never will come back and there is no near-term threat from television, in his opinion. He believes draw stage attractions are making a mis- take In setting their terms so high that theatres cannot make money with them even though they pull big grosses. Moreover, he - points out, most theatre operators cannot take the risk involved in booking such attractions. As lax as the Orpheum here is concerned, he saySi the new French Casino show is a case in point An epidemic of demolition of big de luxe theatres, like the Minnesota here, is predicted by Singer. 1)PPRESSIVE€LEARANCr PROBE IN CINCiraiATI PAR'S FOREIGNERS Has Several BrlUsta-Madet Llnei Up For C,8» A deal Is virtually set under which Paramount will take for .U.S. re- lease an Kngllsh-made known as 'The Chinese Fish.' It will be sold under the title of 'The Silent Battle.' In addition to Trench Without Tears,' which Par wiU produce Itself In England, the conqtany h^ three Afoyflower prodUcUons t starring Charles Laughton, rights for latter faavtaig been taken by Par for the entire world excepting the United Kingdom. Two of these Ijaughtons, 'St Martin's Lane' and 'Jamaica Inn,' are already completed but prints of neither have reached New York as yet Budd Bogers, American repre- sentative of Mayflower, Is confeirlng with Far on release plans but no de- cisions have been reached. Probable plan will be to release either 'Ja- maica' or "St Martin's' early this fall as 9 '39-40 picture, with the other held back until next winter. The third picture under the deal, yet to be made, 'Admirable Crlchton* (remake), may go over on the '40-41 schedule, John W. Hicks, Jr., v.p. in charge of foreign operations, sailed Satur- day (25) from London, and will be joined in New York the end of April by Adolph Zukor for a trip togeOier to Australia, followed by a tour of South and Central Anterica. Cincinnati, March 28. Acting upon the request of Greater Cincinnati Independent Exhibitors, Inc., Seymour Simon, Justice De- partment attorney, has for past three doys been here investigating 'op- pressive clearance condltiona,' claimed by association members operating 15 theatres. H. M. Bitchey, director of exhibi- tor relations for lUCO, is due here tomorrow (Wednesday) for' confer- ences with indies* committee which will Include Harold Bernstein, prez; Frank W. Huss and CHiarles Miervls> Complaint directed principally against KKO, which has all' but one of the downtown ace cinemas, is that first-run houses are granted too much clearance time — 57 days over first suburban theatres, with price differ- ential of only 12c. on night scale. Indies filed their complaint 'with Washington last fall which was fol- lowed b-y a visit by a D. J. investi- gator in Novem1>er. GN WANTS F. A. TO RESUME MAKING PK E. W. Hammons, Grand National prexy who returned from the Coast last week (22), is reported to have Issued an ultimatum to Franklyn Warner's Fine Arts Productions^ set- ting an oafly date by which time he expects Warner to resume produc- tion and delivery of pictures to GN. When that deadline is jiassed, and if product Is not forthcoming Ham' mons. will substitute another pro- ducer for Warner on the GN sched' ule. 'Who that new {)roducer mi^t be is being kept secret by Ham- mons. With reference to Dr. Eugene Frenke's 'Exile Express,' the pro- ducer has not yet delivered the nega- tive despite the tender of $25,000 by Hammons which was due on the contract Failure to turn in the film is caused by -Franke's fear that maxi- mum distribution results tor his film will not be- forthcoming tmless the present skeleton GN sales organiza- tion is augmented. Producer insists his contract with GN calls for latter to maintain a full field sales or- ganization. Hammons expects to appoint a new sales head within t^ next two weeks. He has until Aug. 0, it is understood, to pay off remaining un- paid debts «f the old Grand National company, or face the alternative of court recapture of the new GN. Colman at Par Hollywood, March 28. Ronald Colman has closed a deal with Paramount for the top role in The Light That Failed.' Shooting starts In June with William Wellman as producer-di- rector. HOUDAT FOE ZIDS Hollywood, March 28. Paramount engaged 28 moppets for the Charles -R. Rogers production. The Star Maker,' starring Bing Crosby. Kid -group will be increased to 75 before shooting starts April 3. SUrbaU'a 'BUracle' Hollywood, Bferch 2& Jack Sklrball sends .'Miracle of Main' StreeV into production next Monday (3) at Grand National with Margo starred. GN vlce-prez rey cently returned from -confabs with Earle W. Hammons in New York. BUT illOTHING HAPPENS Meet for AnU-Bnallsm, bat Noboily Pays Attentlan Philadelphia, March 28. Meeting called by Allied last week to encourage exhibs to cease double- featuring A and B product was ap- parently meaningless. Although the large group present was practically unanimous in voting against the duals, no action lias been taken by anyone toward cutting them out 'Whatever resolutions were voted on at the meeting, following standard Allied form, applied individually, not collectively. Exhlbs agreed that 'each would voluntarily. Individually and of his own accord not double- feature the top brai^et pictures.' Several Important exhlbs who use twins didn't appear at the meeting; Loew's Ziegfeld, class N. Y. nabe, after eight weeks of singles, has been forced back to duals to hypo the b.o. Writers, Producers Near Uradng Stage; Work Dnrii^ Layirfl Only Snag Hired Hand Hollywood, March 28. Wage scale for • writer im- . ported from New York for a colossal picture lis $72.91 per hour, when he works. Scribe was hired at $3,500 a '^veek but after a couple of days complained that he was too tired to work the regulation hours. Producer finally agreed to pay him on the basis of .a 48-houT week. Rep.'s Four Regioiial Sales CoMfcidoiis, 1st At Houston, A|iril 7-8 Republic Pictures has set four re- gional sales conventions this year, first one to get under way in Hous- ton, Texas, April 7-8. Other three will be in New York April 12-13; Chicago, April 20-21, and San Fran- cisco, April 25-26. Twenty-six fea- tures, 24 westerns and teur serials comprise .the '30-40 program. Republic will give its costliest pic- ture to date a special sendofl and has scheduled the world premiere of 'Man of Conquest,' based on the career of Sam Houston, Texas pi- oncer,, for April 4 at the Majestic, Houston. William Saal, special rep- resentative, is now in Houston, set- ting details of the advance tiEunpaign. Alvin Adams, adv.-pub. head, leaves New York on April 3 for Houston to set the convention ar- xangements at the OKice Hotel. James R. Grainger, sales head; H. J.. Yates, other home office executives, and sales and franchise men of the south- western territory will attend the Texas regional meet Bep'a ItMteiar at 7MO Hollywood, March 28. 'Doctors Don't XelV second of Re- public's hlgh-budgit pictures, goes into production April 24 with an initial allotment of $750,000. George NichoUs, Jr., now putting the finish- ing toudies to 'Man of Conquest,' ^^ slated to direct 'Doctors.' Hays Loses One, Starts Anodier Temple Suit Los Angeles, March 28. Suit for $500,000 brought by Jack Hays, producer, against Mr. and Mrs. George Temple, parents of Shirley Temple, was dismissed In superior court Hays, who claimed to have dis- covered moppet, sought an account- ing on the grounds that he was to have received 60% of her earnings under an agreement with George Temple in 1983. Next day Hays filed a $700,000 suit against the Moppet's parents, charg- ing repudiation of a contract made ii. 1032, which assertedly gave Hays exclusive rights to the kid's services. WB Shekes Bifliiiger Hollywood, March 28. Warners has scuttied plans for productaig 'John Dlllinger, Outlaw,' following protests over the filming of the desperado's reign of terror. W. R. Burnett has been switched to screenplay 'Brother Orchid,' gangster yarn, Ukely for Edward G. Robinson. James Cagney had been mentioned for the Dlllinger role. How Do We Stand? Los Angeles, March 28. Malcolm St Clair, director, has filed suit to determine status of his agency contract with Harry Wurtzel. Director, whose contract with 20th- Fox exphies April IS, charges his agent has absented himself frequent- ly from California and has not be^ available to talk over future em- ployment GUT TB OSPEB UPFEB Hollywood, March 28. Guy Trospcr, for years head read- er for Samuel Goldwyn, has been elevated to story editor. He succeeds Frances Mansion, re- signed. Hollywood, March 28. Screen writers and producers are practically together on recognition and a contract after a hectic ewe^ of jockeying and parleying. Week- end confabs brought the two groups together on most issues after the Soeen Writers Guild last Wednes- day <22) threw an ultimatum at the producers, refusing to go with any ntore conferences or discussions un- less the. producers granted them: 1: -80% Guild dwp. 2: Three-year pact with a six months' option and; 3: PermissiMi for contract writers to write on their own during layoff periods. Both sides 'were adamant on these three points and Friday (24) showed up at offices of the National Rela- tions Board demanding a continua- tion of the 'hearings under the Wag- ner act Producos, however, point- - ed put to the trial examiner that they were perfectiy 'wlUing to con- tinue negotiations. They offered, -on the three diluted points. (1) a straight lO-year agreement; (2) 70% Guild shop for two years and 80% thereafter,' but a definite nix on point three. ■ Trial Examiner James C. Batten coaxed the two groups into going Into confabs . again. Writers were adamant until Batten suggested that he sit in, unofficially, on the talks. This won the boys over, and chat- ter sMslons were reopened. Items that the writers and pro- ducers have agreed on already are:' 1. Vacations vrlth pay at the rate of one week for each 28 weeks of work, for all writers receiving $150 per week or less. 2. Establishment of an arbitration and conciliation board to handle all dilutes involving the basic agree- ment and also individual contracts between writers and producers. 3. nie SWG to Jiave complete jurisdiction over all screen credits, the producers to be permitted to submit tbe first credit list for each picture. 4. Minimum layoff period to be two weeks. 5. No .industry-wide salary cut against writers ever to be instituted without consulting the SWG. 6. A more equitable system of payments for freelance writers working on a lump sum basis. (Sug- gestion: one-third payment on ac- ceptance of idea, one-third more ou acceptance of treatment, and final on acceptance of finished yarn.) 7. EUmination of writing on spec- ulation when the original idea 1* suggested by the producer. 8. Principals of a minimum wage for 'writers in the lower salary brackets. (Writers suggested $125 mintTniim; producers think there should be two miuimums, one for feature writers and one for shorts writers.) 8. SWG agrees to order its mem- bers to walk through picket lines, if und^r contract, in case some other Union Is on strike -against the stu- dios. Craee Moore's ForeigB Operas; Maybe Pix, Too Gracci Moore sails June 14 for ap- pearancss at the Opera Comique, Paris, and in London. She has made no definite plans for another filin in Paris, although she will dis- cuss -the matter while there. She returns In October to sing at the Chicago Opera, where, she will, take over the titie roles of Tosca' and 'Mme. .Butterfly,' which she will in aU probability repeat at the Metropolitan Qpera. Miss Moore has never, sung these operas before. Before sailing, ' she finishes her tour with the Met and will sing on the Lux hour on May 8. She is also booked for concerts. Negotiations for her to record for 'Victor are in progress. 20-YEAR CYCLE Phil Rosea Betnras to U aa Director —Was There in 1919 Hollywood, March 28. Phil Rosen completed a 20-year cycle yesterday (Monday) when he gave 'Ex-Champ' the starting signal as director at Universal. He returned to the studio where he started as a cameraman on The Miracle' in 1919. Wednesday, Marcb 29, 1939 PICTURE GROSSES VARIETY Spring Ops On; 'Mak'-Vande Draws Ferns, QaoA $18,000, Temple Sturdy $1S,000, Cagney Fair M Chicago, March 28. Unusually warm weather lor the getaway ot the week proved a box- office deterent, with the public con- tent to amble In the new sunshine and rush Into stores for Easter finery. Cooled' down somewhat over the weekend, however, and bushiess nerked. But the general lassitude of spring fever indicates thjrt ttie cut- rent loop session will not be par- ticularly heartening lor any of the theatres. , ^ Best general pace of the current sUnza will be generated by 'Love Affair' and vaude at the Palace. FUcker is intended to stretch stay jDto a two-weeker "so as to permit an Eastern opening for toe Astalre- Bogers The CasGes.' .'Altau' got away to a slow matinee, but stepped up injthe evening and over the week *"wonder of the loop Is •PygmaUon,' which is hitting its seventh week and will go torough to Easter, any- way. Picture is getting a heap of repeat play. Lack' of lemme play is causing the b.6. blues at toe Chicago, where 'Oklahoma Kid' U failing to earner any interest On ■>'«e otoer Hand, the handkMchiefs are getOng a workout in toe- United Artists, which has 'Made for Each Otoer.' Estimates for This Week ApeUe (BatK) (1^00: S3-M-66-76) —'PygmaUon' (M-G) (Ttowk). Long- est run town has had since 'Snow ■White.' Again over te.OOO, remark- able, after taking down powerful tfi 800 lost Wcdc CUosfo (B«ck) (4.000; 36-55-75)— 'Oklahoma' (WB) smd stage show. Going to $26,000, ratoer dlsappohit- ing. Last week 'Midnight' (Par) and vaude, on the same level at «ffi,200. Garrlok (BfcK) (000; 36-55-65)— •Midnight' (Par). Moved here from, the CWcago and looks for fair $4,500. Last week 'Dau^ter* (WB), okay ^'orfintol (Jones) (3.200; 25-40)— Tailspin' (20th) and 'Code of Streets' (Rep), plus 'Follies Continental' unit on stage. Going along to $14,000, sat- isfactory. Last week "Boy Trouble (Par) and "Moto' (20to). plus vaude; $13,600. okay. Palace (RKO) (2,600; 35-55-75)— •Love Affair* (RKO) and vaude. Femme trade boosting this one to good $18,000. Figures on a two-week •tay. Last week Honest Man* (U) and vaude, $14,400, good for second week BooMvelt (B&K) (1,500; 35-55-65- 75)^'Prhicess' (20to). Best of toe Temples in a long, time and manag- ing fine $15,000 U opening stanza. Last week "Wings Navy' (WB), to fair $8,200 in flnial seven days. State-Lake (B&K) (2,700; 25-40)— •Four Girls' (M-G) and vaude. Per- colating to $14,000, good. Last week 'Chan^ (20to) and vaude off somewhat to $12,100. United Artists (B&K-OUA) (1.700; 36-55-65-75) — 'Each Otoer* (UA) (2d wk). Coming through to fine $12,000 currently, after snappy in- itial session at $17,200. Seatde Fix Hold Up; Wdnight' Good $6300 Seattle, March 28. General biz is poor, but toe show shops are toe exceptions. ' 'Love Al- fair,' at the Fifto Avenue, and 'Mid- night,' at Paramount, are boto turn- ing in fine grosses. Estimates fer This Week Bine Monse (Hamrlck-Evergreen) (BSO; 32-37-42)— 'Wife. Husband' (20th) and 'Arizona Wildcat' (20to). Moveover from Paramount indicates only $1,800, poor. liBst week (2d), ^onest Man' (U) and 'Fisherman's Wharf (RKO), dual, six days, nice enough $2,600. Collaevm (Hamrlck-Evergreen) UfiOO; 21-32)— 'Trade Winds' (UA) and 'Thanks Everything' (20to). Ex- pect $2,600, fair. Last week, 'Stand Up' (M-G) and 'West Poinf (Col), slow $2,300. Fifth Avcnne (Hamrick-Ever- ffeen) (2,349; 32-37-42)— 'Lovie Af- fair" (RKO) and 'Man Votes' (RKO). AnUdpate big $7,600 and h. o. Last ^Jff'k Ice Follies' (M-G) and 'Beauty' (RKd), $4,800, poor. liberty (J-vH) (1,800; 21-32-42)— TCing Turf (UA) and 'Homicide Bu- (2d wk). Looking for f 1.800, fair, in toree days. House iheu closes for two weeks for face- ifJ'iPjp Last week, same films, $4j0p0, good. /oH"*"'"' (Hamrlck-Evergreen) (850; 32-37-42)— 'PygmaUon' (M-6) (4th wk). SoUd puU; great $3,500 £""enay. Last wMk, same film, big T*,OuO. /n^JP''*'*''' (Hamrick - Evergreen) ivSS^>} 32-37-42)— 'Oklahoma Kid* (WB) and 'O'Connor' (M-G) (2d WK). Indicate good $3,600. Last week, same flhns, great $7,200. . a7?5!""!S.', (SterUng) (1,350; 16-27- 37.42)-'Yukon' (Ctol) and 'Wife's Relations' Rep), plus vaude. Expect $8,200, fair. Last week, 'Pirates Skies' (U) and 'Navy Secrets' (Mono), plus vaude, okgy $4,400. Paramennt (Hamrlck-Evergreen) (3,039.; 32-37-42)— 'Midnight' (Par) and 'lUegal Traffic' (Par). Paced for big $6,300. Last week, 'Wife, Husband' (20to) and 'Arizona WUd- cat' (20th). $4800, fair. BoMeveH (SterUng) (800; 21-32)— 'Zaza' (Par) and 'LltOe- Tough Guy^ (U). Headed for $2,000. nice. Last week, 'Frankenstein' (U) and lUng Alcatraz' (Par), good $2,300. 'AFFM TORRID $20,000 IN COmHOB . Boston, March 28. .Xove Affair,' dualled, is luring most biz tois week, altHou^ 'Stage- coach,' also wito a co-feature. Is close behind. Otherwise biz is plenty cold here. Estimates for This Week Boston (RKO). (3,200; 20«30-40)— 'Strange Faces' (U) and 'Renegade TraU' (Par) wito vaude for lour days, and 'Star Midnight* (RKO) and 'Lost Patrol' (RKO) (boto 2d run), three days. Aiming for satisfactory $8,000. Last weekT^r. Meade' (Col) and 'Star Reporter' (Mono), wito vaude for four days, and 'Dawn Pa- trol' (WB) and 'Going Places' (WB) (both 3d run), okay $7,800. Fenway (M&P) (1,332; 25-35-40-55) — "Blackweir (WB) and 'Arizona WUdcat' (20th). Floppo $4,000 indi- cated. Last week, 'Stand Up' (M-G) and 'Fast Loose' (M-G) (2d run), okay $6,000. Keith Memorial (RKO) (2,907; 26- 35-40-55)— 'Love Affair' (RKO) and 'Crowded Hours' (RKO). Very good $20,000. Last week, 'Musketeers' (20to) and 'West Point' (UA), dandy $17,500. MetrepolltaB (M&P) (4,367: 25-35- 40-55>— 'Midnight' (Par) and "King Chinatown' (Par). Low $10,009. LaS week, 'Oklahoma Kid' (WB) and 'Nancy Drew' (WB), medium $15,000. Orphenm (Loew) (2,000; 25-35-40- 55)— 'SUgecoach' (UA) and 'Whis- pering Enemies' (Col). Hitting on high for $18,000. Last week, 'Pyg- malion' (M-G) and 'Let Live* (Coll, dual (2d wk), zoomed to $18,000, ex- tra good for a holdover. Paramouit (M&P) (1,797; 25-35-40- 55— 'Blackwell' (WB) and 'Arizona Wildcat' (20to). N.s.h., around $6,- 500. Last week, 'Stand Up' (M-G) and •Fast Loose' (M-G) (2d run), okay $8,000. Scollay (M&P) (2,638; 25-35-40-55) —'Wife, Husband' (20th) and Tail- spin' (20to) (boto 2d run). Tepid $4,000. Last week. 'Beaohcomber' (Par) and Trade Winds' (UA) (boto 2d run), okay $5,500. SUte (Loew) (3,600; 25-35-40-55)-^ 'Stagecoach' (UA) and 'Whispering Enemies' (Col). WiU hit around $14,000, good. Last week. 'PygmaUon' (M-G) and 'Let Live' (Col) (2d wk), very good $13,000. ICE F8LLIES' GOOD $9,000 IN DENVER Denver, March 28, Despite .rain and col4 yesterday (Monday), all flrst-nms are above average. 'Midnight' Is doing as good in Its second week as. in its first. WiU be held an additional four days. Estimates for This Week AlaMlB (Fox) (1.400; 25-40)— Topper' (UA), after a week at the Denver. Nice $3,500. Last week. 'Wings Navy' (WB), around average $3.505r Broadway (Fox) (1,100; 25-40)— 'Love Affair' (RKO) and 'Crowded Hours' (RKO), both after a week at the Orpheum. Good $3,000. Last week, 'PygmaUon' (M-G), good $3,500. Denbam (Cockrlll) (1,750; 25-40)— 'Midnight' (Par) (2d wk). Fine $8,000. Last week, great $8,000, doing best weekend biz house has had this year. Denver (Fox) (2,525; 25-40)— 'Daughter* (WB). Nice $9,000. Last week. Topper" (UA), exceUent $10,- 500. Orphenm (RKO) (2,600; 25-40)— 'Ice FoUies' (M-G) and The Sahit' (RKO). Good $9,000. Last week, 'Love Affair' (RKO) and "Crowded Hours' (RKO), strong SIO.OOO. Paramonnt (Fox) (2,200; 25-40)— 'Blondie' (Col) and 'Newsboys' Home' (U). Big $4,500. Last week. First Rims on Broadway (Subject to Change) Week of March 30 Astor — •Pygmalion' (M-G) (17th wk). Capitol — 'Society Lawyer' (M-G). Criterion — 'BuUdog Drum- mond's Secret PoUce' (Par). Globe 'Let Us Live' (Col) (29). (Revietved In VAmEnr, Feb. 22) • Moslo Hall — 'The Story of Irene and Vernon Castle' (RKO). FaUMe — 'Winner Take All' (20to). rargmoiint — 'I'm from Mis- souri' (Par) (2d wk), Blalto— -They Made Her a Spy' (RKO) (28). Blvoll — 'Three Smart Girls Grow Up' (U) (3d wk). Boxy — 'Alexander Graham BeU* (20to) (31). Strand— 'You Can't Get Away wito Murder' (WB) (2d wk). Week of AprU 6 Astor — 'PygmaUon* (M-G) (18to wk). CapHol— "Broadway Serenade' (M-G). Glebe— 'Prison Witoout Bars' (UA) (8). Muale HaU — 'The Story of Irene and Vernon Castle' (RKO) (2d wk). Parameut— 'Midnighf (Par) (5). (Rerteioed -'Basker- vlUes' (20to) and stage show. Things are pretty quiet around here, about $38,000, but a little black. Last week, second of 'Litile Prhicess" (20th), $33,000 which, wito $40,000 the first week, added to fair profit 'Alexan- der Graham BeU' (20th) opens Fri- day (31). State (3,450; 35-56-75)- 'Made for Each Other' (UA) (2d run) and Hat >py Felton band. Slow going pre- vails, only$18,000 or bit better. Last week there was much more action, $26,000 coming through on 'Idiot's Delight' (M-G) (2d run) and GeoTge HaU, very good. Strand- (2,767; 25-40-55-75-85-09)— 'Can't Get Away Murder' (WB) and Jimmy Dorsey. Gross dips away un- der toe good average toat has been maintained here for six months with stage shows; , probably no more than $22,000. sluggish. House is forced to hold show over, wito 'Dodge Cit]^ (WB) and Guy Lombardo set- for three weeks to start AprU 7. Last week, second of 'Oklahoma Kid' (WB) and toird for WUl Osborne and Sheila Barrett, nearly $28,000, good. DURBIN-VAUDE FAIR $18,000 BIDET. Detroit, March 28. Nice break .in weatoer is getting toe welcome sign, on local film 'row. Lineup is fairly strong, wito Three Smart Girls. Grow Up,' plus vaude, at the Fox, looking Uke toe best bet Kay Kyser, at toe Fox last week, drew tremendous $80,000 and set a new attendance record. Estinates far This Week Adams (Balaban) (1,700; 30-40) — •Frankenstein' (U) and 'Lone Wolf (Col). Headed for okay $5,000. Last stanza, 'Service' (U) and 'Newsb<»^ Home' (U),. about $5,400, good, la eight days. Fex (Fbx-MIchlgan) (5,000: 30-40- 65)— "Three Smart Ghrls' (U), plus Mitzi Green heading stage show. Should get fair $18,000, loUo»ecome a necessary policy in theatres (ar removed from competition but unable to maintain single bill standards either because of the scarcity of qu^ity short subjects, or because all major companies now are producing and forcing the sale of a class of secondary film suitable, for dual territories but too weak to be shown as single bills. Only where film exchanges will permit exhibitors . to buy selectively can the single bUl standard be main- tained. SVAUSH DATES BACK 26 TEABS In its broader aspects double billing is a compara- tively recent national trade issue. The practice, how- ever has been conducted in one ierritory (New Eng- land) for 25 years. The wonder is not that duals have spread from the Atlantic to the Pacific, but that the system took so long a time in breaking down' single bill protection. How that happened is easily explained. Strong independent theatre operators, working in co- operation with the film exchanges, fought against the spread of dual programs. It never was an easy fight, but so long as powerful theatre operators kept strict control of the territories, in the west and south, duals were discouraged. • . . The south almost entirely is operating its theatres on a single bill basis, but the volume of films pressing for exhibition may break down the current policies. Far west territory for years was cited as the section most representative of the best distributing and ex- hibiting policies. Single billing was tmiversaL Pro- tection of runs was rigorously observed by all film ex- changes. In Seattle, San Francisco and Los Angeles theatres played extended first runs as far back as 1918. When Sid Grauman operated the Rialto theatre as a continuous long-run house in Los Angeles, it was not uncommon for him to pay feature film rentals ex- ceeding $20,000, an amount seldom paid today by any except the biggest first runs. Subsequently, when he Lee's Press Survey - Of All Par Theatres Claude' Lee, in public relations work for the E. J. Sparks circuit in Florida for years, with headquarters at Jacksonville, has been assigned by Paramount to make a study of public relations for theatres ' of the Par chain,' Including all the company's partners. He'wiU cover the entiire Per the- atre map, looking over the situation In all territories and conferring with Par partners, managers and others Jn the field. opened his Egyptian theatre in Hollywood and showed 'Robin Hood,' 'Covered Wagon,' "Ten. Commandments,' "Big Parade' and other specials at advanced, admission prices, twice dally, film rentals 'sky-rocketed. 'Covered Wagon' closed a 30-week engagement at the Egyptian, having paid film rentals totaling $165,000. What has since happened in the west coast territory likewise has taken place elsewhere in the country. During the booming days of the '20's theatre building was pushed without careful regard for potential cus- tomers for all the seating capacities. Local promoters and some of the majors over-extended themselves in the mad rush to control situations by controlling the theatre outlets. Later, when general business bogged down, control was retained by controlling film book- ings. Dual billing, it was soon discovered, was a hefty weapon which would flatten the most enthusiastic ' mojio-exhlbitlonlst When the smoke of competitive struggle cleared away there was one story to be told of every battle. Double billing was the victor. Once started in a community it seldom has beeii eliminated. Duals have become a film problem which has invited the attention of public educators and reformers, No one seems to have a good word for double bills, either within or outside the industry. What was a novelty and an entertainment bargain in metropolitan and suburban theatres a short time ago now is regarded by large groups of filmgoers as sitting marathons. Films once were praised as the tie which binds together the American family in healthful, Instructive entertain- ment Now the theatre, ."with its fo'iir-hour show- is the cause of family division and discord when the hard- working father andjiusband refuses to join an expedi- tion which does not disband until after m.idnight. He prefers to stay ^t home, listen to the radio until 10:30 and 'g»to bed, knowing that tomorrow is another busi- ness day. It is not from the public angles, however, that Licht- man Is speaking when he says that duals must be stopped or they will ruin the business. $1,000,000 OF mJI FOB 16-250 It Is within the experience of every showman who reads the dual program announcements to have com- mented qn the profligacy of an industry which can afford to sell for 15c to 2^c a film program of two features, short subjects, news and cattoon representing more than $1,000,000 negative investment The theory of profit is, of course, that there are so many theatres that the multiplication of return makes possible the continuance of the policy. Picture industry is finding itself in the position, however, where its very waste- fulness In giving so much for so little has caught up with production budgets. Ask any showman what has happened when he has attempted to return to the single bill program after playing 'dual features. The same public that squawks and hollers about, the late hours, the lost sleep and the cross chlldroi, beefs -just as hard when - the evening's fare is limited to one featjre. It is of little use to look in Uie direction of the stronger theatre chains to break down the dual system. . Individually they can do nothing. An Iron-boupd agreement for single bills binding together all theatres, affiliated and independent within a distinct competi- tive area, might be effective. But the possibilities' of such united action are remote tq the light of Federal court rulings that such agreements' may be interpreted as conspiracies in restraint of trade. So picture business is caught in a web of its own weavlhg. Process of 'extrication may be costly and difficult The producer who insists his film shal^ not be exhibited with another feature may -become en- gaged in- pyrrhlc -warfare. -In -winning a victory for a principle, he may destroy himself through lessened film rental percenteges. To stop the further spread, however, distributors may be compelled to forego -volume sales. Only the best films from all companies will hold public patron- age in single bill -houses. Necessity, therefore, may lead the Industry to cope -with block bookings more effectively than a thousand lawsuits and statutes WOR Demonstrates Facsimile Broadcast Of 20th's PA Matter Facsimile transmission of 20th Century-Fox publicity over the WOR facilities began yesterday afternoon (Tuesday) with the broad- casting of exploitation blurbs for the. forthcoming lelease 'Alexander Gra- hun Bell.' WOR facsimile broad- casting, including the 20th publicity matter, will continue on a regular daily schedule. As viewed yesterday afternoon on a receiver at W.OR's offi.ces in New Yoik, facsimile' Is- still in a com- paratively crude state of develop- ment coirespondlnf^ roughly to the radio of 15 or 20 years ego. . Both the Finch and RCA sy.-Ten.i are used, ' with a total of somewhere around- 2,000 receivers (mostly in the pos- session of distributors and radio officials) .'picking up the messages. Entire field is stiU decidedly in the experimental stage. Finch system prints' the facsimile on a roll of paper ^bout three and three-quarter inches wide. Printing is done by an arm that moves back and forth across the paper by radio impulses, at the rate of approximate- ly one complete stroke a second. Each stroke covers about one one- hundredth of an inch. Printing one inch of paper would therefore re- quire almost two minutes. Printed matter and illustrations are scanned at the transmitting end. Actual print- ing is done by a spark-gap oh the moving arm, cutting pin-point holes in the paper. RCA system works somewhat similarly, but uses paper about seven and one-half inches wide and carbon printing. WOR transmits'facsimile from 1:40 to 3:30 a.m. daily (except Saturday and Sunday) and from 2 to 3 p.m. daily. Station W2XUP. operates on 25.7 megacycles on a power of 100 watts, while station W2XBF operates on 42 megacycles and a power of 1,000 watts. Crosley receivers, using the Finch system, sell for $149, com- plete with- an automatic time clock device. NATl SCREQ«'S PAR ACCESSORIES' DEAL National Screen Accessories, Inc., Is reported' near closing a contract to take over distributing- of adver- tising accessory material for Para- mount Pictures, Inc. Don Velde, now in charge of Paramotmt ad ac- cessory sales, may shift 6ver to Na- tional Screen Accessories, es latter is taking over that department in Paramount By the deal Paramount woiild be relieved of the overhead of malntaln- ■ing'an accessories sales department but continues to control production of its posters, lobby material, etc. The Paramount contract is the- first in a series of. takeovers which Charles Casenave, vlce-prez of NSA, has been planning for several years. Other deals for Casenave's company to act as a central clearing house for ad material distribution, direct to theatres, are on the tapis. National intends to ultimately guar- antee delivery of accessories on any feature product a theatre has booked on a blanket contract basis, CAB0LD7A EXEDS' UEET Spartanburg, S. C, March 28. Theatre . Owners Association of North and South Carolina will meet June 4-6 at Myrtle Beach, S. C. Best Stunt of Week Dodge City, March 28. Privilege of entertaining visit- ing Hollywood flln. players who . are coming here Saturday (1) to attend the premiere of 'Dodge City' (WB) was capitalized for local charity funds. Mary .Agn.es Butterfield he}d the numliered ticket which gave ' her the' chance to etitertahi Errol Flynn at her home. 'When she annoiinced her luck to her fam- ily she was informed one of her brothers had just come, dowii - with measles. So.she sold the winnhig ticket for $25 to June Brody. June hasn't any brothers. Skonras Ops. in B. 0. Race for 15G Prizes National Theatres will offer $15,- 000 cash prizes to Its theatre op- erating executives in a Spyros Skouras Showmanship Drive, start- ing April 1 and lasting 13 weeks. Arch M. Bowles, head of the north- ern California division, wUl conduct the drive. Drive is being undertaken in an effort to stimulate fourth-quarter results of the current fiscal year. THREE-PLY TIFF OVER 2 STA11N IS. THEATRES Triple ownership of the Victory theatre, - ISiompkinsvllle, and Lane, Newdorp, Statfin' Island, N. Y., is in dispute. -Proceedings came to light when 'hearings were held 'last week by Louis Ni^, counsel tor Mrs. Lu- cille, Shlflman, beneficiary of the es- tate of the .late Harry Shiflman, theatre operator. Readjustment of triple claims Is being .worked out by Nizer in as effort to protect- the interests -of Mrs. Shlflman and Charles Mosfes, also a theatre, operator. According to Ni- zer, Shlffman and Moses were part- ners in -the two theatres, but . Harry Thorns, formerly associated with the BrlU circuit also claims an interest in the Shiffman-Moses holdings on the ground that he was a silent part- TUBH ON 'POWEB' Hollywood, March 28. Larry Darmour started production yesterday (Mon.) on 'Power to Kill,' starring Jack Holt, for Columbia re- lease. Gertrude Michael has the femme lead, Lewis Collins directing. U. P. B'D OF DDUSaORS MEETING AT PIC PREEM Omaha, March 28. Union Pacific railroad board of directors will break 75-year-old cus- tom here AprU 27 when they hold their annual meeting here,' first time the' board has gathered outside of New York. Meeting will b« held In conjunc- tion with world premiere, April 28, of Union Paelflc' (Par). Special train wUl bring board members from east headed by 'W. A. Harrl- man. Board meiobers ar^ planning to arrive in tall beaver hats and at- tire of the 1860 vintage. On the way to the Paramount studio in Hollywood on a permanent transfer from the home office, Carl Krueger left Saturday (25) for Omaha, where he meets Cliff Lewis, ad. head at the Par plant, for a tour of midwestem cities on the campaign for 'Union Pacific-.' Krueger, ifonnerly with United Artists In New' York, joined Par in an exploitatioin capacity late last year. He wlU function under Lewis at the studio. Baby Snapshots Contest PulAs Business in Albany Albany, March 28. The Grand, a Fabian house, snared a lot of publicity and built good will through a 'Baby Dumpling' picture contest tied around 'Blondie Meets the Boss.' Snapshots of bays under six were sent to 'the theatre, with youngster's name, address and pa- rent's tag on the back. All parents received a pass to see the film, which has a 'Baby Dump- ling' character, and a $25 bank de- posit for winning kid was offered. Welfare Commissioner Leo P. Doody. Justice Sol Rubenstein and Exalted Elks' Ruler Charles Stierle. acted as judges. Times Union gave space freely, because p)ptiu:e is adaptation of Chic Young's 'Blondie' cartoon, appearing in paper dally. Vednesday, March 29, 1939 PICTURE GROSSES VARIETY Pitt B.O^ in CeDar; 'Society'-Vaude Sad $13,500, Laiighton Nice $R000 Pittsburgh, Macrch 28. Biz generally Is hitting a new average low tor the year here. Un- S^Bl weather over weekend had iS^body hitting the open road and SSfres were enipt:^ with Easter- flhopping crowds and Lent makiiife the couapse complete. Boys are SSply marking time until af ter HoW wSSt and hopfiig the steong ijroduct fte way wlllboost the b.o.'s. (2,000; 25-35-50)-^ 'Without Bars' (UA) and 'Crowded Boats' (RKO). Saturday and Sun- flay Housewives' Serenaders oh stage bdping for lair $5,000. Last week, /^Mf (RKO) and 'Beauty for Ask- ing (RKO), okur $6,500. CarHen (Fayioew) (1,400; 25-35- M>-'Premalion' (M-G) and 'Whls- RViBg Enemies' (Col) (2d rtm). Ciet- S** nice $6,000. Last week. 'Okla- Kid' < WB) an* 'Secret Service' t^) (2d run), bang-up $6,500. Jhya: (Indie) (2^500; 25-35-40)— 'On ™ar (WB) and Count Berni-VIci nevue on stage; Good $7,400 sighted, ifst week. ^MT. Moto' (20th) and Viude, good $6,500. -^JesHe (Fay) (3,200; 25-35-50)- TJtte. Hudiand' (JMth), and 'Every- jwiy's Baby' (aoth)V Poor $5,000. Ljst week, 'Daughter' (WB) and Arden' (WBX fairish $6,000. „8tate (Loew) (3,200; 25-35-50)— CAGNEY TOPS B'KLYN ySjS' and •Whlqjering V$l), socko $15,000. nJ?S»»>?„ (Indie) (2,200: 25-35-50)- (S^^J^ — 'Boy Slaves' (RKO) and Torchy Blane' (WB), dual and vaudeville. Bowes unit on stage helping to $9,- 500 draw. Last week, 'Ambush* (Par) and 'Beauty for Asking' (RKO), not so hot $6,500. Paatages (Pan) (ZfilZ; 30-40-SS)— 'Love Aflahr* (RKO) (2d week) and TiOne Wolf (Col). duaL Biz holding strong on second week, and with previews over weekend looks like very excellent $11,000. Holds for aix-day, third week. First week topped $16,000, big. Pimmosnt (Par) (3.595; 30-40^55) —■Midnight* (Par) and stage show. . Back to normal stride after several bad weeks and looks headed for big $18,000 on current stanza, insuring holdover. Last week, ' "Never Say Die' (Par), eked out anemic $9,200, aided by preview. . BKO (£872; 30-40-55)— 'Love Af- fair' (RKO) (2d week) and 'Lone Wolf (Col), dual Adding another sweet $8,700 to first week's, take of $13,000, which very profitable. Holds third week. State (Loew-Fox) (2,414; 30-40.55- 75)— 'Ice Follies' (MG) and 'Fast and Loose' (MG), dual. WiU probably get $10,500, weak. Last week, "WifOr Husband' (20th) and 'Arizona Wild- cat' (20th), very poor $9,300. United Artiste (F-WC) (2.100: 30- 40-55)— 'Pygmalion' (MG) and 'Ari- zona Wildcat (20th). duaL Tyg- mallon,' on moveover from Four Star after 12Vi weeks there, piling up an- other big $3,900 at this house. 'Wild- cat' moved over from State. Last week, 'Stagecoach' (UA) and 'Inside Story' (20Ui), ^.300. Wilshire OF-WC) (2.206; 30-40-55- 65)— "Wife, Husband' (20th) and 'Ari- zona Wildcat" (20th), dual. Hitting below normal so wlU have-to be sat- isfied with $4,000. Last week, 'Stage- coach' (UA) and Inside Story* C20&), big $6,400. 'Daughter* Forte $6,300, 'Affair* Tepid S'/zG in Port Portland, Ore, Klarch 28. 'Pygmalion,' at Parker's UA, and 'Darling Daughter,' at Broadway, are the burg's heavy winners. 'Love Affair* got raves, but biz Is disappointing at only fahr $5,500. Estimates for This Week Broadway (Parker) (2,000; 30-36- 40)— 'Dau^ter* (WB) and "News- boys Home' (Mono). Strong $6300. Last week (2d), 'Stagecoa^' (UA) and 'Society Smuggling' (U), okay $4,700. First terrific $8,500. Mayfalr (Parker-Evergreen) (l.- SOO: 30-35-40)- 'Stagecoach' (UA) and 'Society Smuggling' (U). <3ood $1,500. Last week. 'Ice Follies' (M- G) and Torchy Blane' (FN), sec- ond week after moving from the UA, fair $1,500 in five days: Orphenm (Hamrick - Evergreen) (1.800; 30-35-40)— 'Oklahoma Kid' (WB) and 'Beauty Asking' (RKO). Good enough $4,500. Last week. 'Let Live' (Col) and TIshermen's Wharf (RKO). weak $3,700. Paramount (Hamrick-Evergreen) (3.0OO; 30-35-40) — 'Love Aflah' (RKO) and 'North Shanghai' (Ck>l). Only fair $5,500, desnlte raves. Last week, 'Prhicess' (20th) and 'Sahit Back' (RKO), average $5,000. BlveU (Indie) (1,100; 20-25)— 'My Heart' (UA) and 'Submarine Patrol' (20th) (revivals). Okay $1,600. Last week, 'Suez' (20th) and 'Down on Farm' (20th) got better than .aver- age $1,900. United Artiste (Parker) (1.000; 30- 35-40)— TygmaUon' (M-G) (2d wk). Continues to wow 'em at the b. o.; strong $5,000. First week great $6,600, 10 VARIETY PICTURE GROSSES Wednesdaj* March 2% 1939 Dau^ter -Vande Strong Combo In Mpk. $M; W NG $4,000 Sales Grinds (Continued from page 3) Minneapolla, March 28. Lou Breese's orch, Stepin Fetchlt and Armida, plus Tes, My Darling Daughter' on the screen, will enable the Orpheum to cop the lion's share of loop- trade currently. It's a great b.o. combination for this town lie- cause Breese has built up a large local following during a long Nicol- let hotel engagement The Beachcomber' is In its sec- ond week, 'Pygmalion' in its fourth, and 'Assassbi of Youth' in its third. All are still on the profit side of the ledger. Neither of the principal newcomers, 'Wife, Husband and Friend' and 'Four Girls in White,' however, are cutting much ice. Conclusion of the 'Ice Follies of 1939' 10-day engagement at ' the Arena finds the trade breathing a sigh of relief. Show was tough op- position for the film houses. Estimates for This Week Aster (Par-Sineer) (900; 15-25) — 'Silver Sage' (Pat) and 'Boy Trouble' (Par), dual flrst-riins, - split with •Nancy Drew' (WB) and 'Lady Van- ishes' (WB), also dual first-runs. Looks like mild $1,400; Last week, 'DevU'j! Island' — 'Assassin' (Indie) 3d wk). Just ■ about the windup of a profitable engagement En route to light $600. Last week, $1,000, good. Uptown (Par) (1,200; : 2Sr35) — .'Gunga Din' (RKO). First neighbor- hood sbowinjif and dlmbiog to good- $3,200. Last , week, 'Jesse James* (20th). $3,500. fine. World (Steffes) (350: 25^35-40-55) -.'Pygmalion' (M-G) (4lh wk). (Set- ting many ■ repeat customers and holding to steady $1,800 pace, good Last week, $2,1200, good WM HOT, BUT SO'S 'AFFAIR* AT \W Washington, March 28. Soaring mercury sent localites ■currying onto the highways and kept the visiting- yokels gaping at the Washington Monimient result cutting heavily into the two big vaude spot's vital weekend trade. Onlv major spot doing Well is Keith's, where 'Love Affair' is mop- ping, up at exi>ense of everytiiing else. Second is 'Wife, Husband and Friend,' With "Little Princess' poor third with nothing but matinee biz. Estimates (or .This, Week Capitol (Loew) (3,434; 25-35-40-66) —'Wife, Husband' (20th) and vaude. Ko name vaude leaving it all up to Young-Baxter, who can't buck Dunne-Boyer. Maybe light $15,500. Last week. Three Muskieteers' (20th) and Clem McCarthy, very poor $12,500. J Colnmbte (Loew) (1,234; 25-40)— •Pygmalion' (MrG) (2d run). Back downtown after two good weeks at Palace and shoctine for big $6,000. Last week, 'Huck Finn' (M-G) (2d run), good $5,100. Earle (WB) (2,216; 25-35-40-66) — icing Turf (M-G) and vaude. Shir- ley Ross p.a. some help, but won't better liglit $12,000. Last week, 'Spring Madness' (M-G), can thank Bsnny (Soodman's orch for sock $21,500. Keith's (RKO) (1,830; 35-55) — •Love Affair' (RKO). SweU ballv and good reviews carnrine week toward swell $16,500. Last week, 'Honest . Man' (U) (2d wk), oke $7,300. Met (WB) (1.600; 25-40)— 'Okla- homa Kid' (WB) (2d run). Back downtown after oke week at Earle and j'lould take average $4,600. Last week, 'Daughter' (WB), ■$4,600. Palace (Loew) (2i42: 35-65) — 'Princess' {20th). .Man oke, but iilc!ht biz away off. Headed for fair $llt000. Last week, llach Other* (UA), oke $13,00a - 0. C. Plenty Bloe, Bnt Daoghter' Fair $5,000 Oklahoma City, March 28. ' . 'Darling Daughter' wiU make the only good showing currently with picture set for possible $5,000 at Cri- terion. Every other house, except Liberty, is due for below average biz. Last, week, everything was under water except two reissues at the Lilv erty, 'Lose Patrol' and 'Star of Mid- night* Estimates for This Week Criterion (Sten) (1,500; 25-35-40)— 'Daughter' (WB). Will probably get average $5,000. Last week, . 'Beach- comber' (Par), nose-dived to poor $2,600 in six days. Liberty (Sten) (1,200; 20-30) — 'King Underworld* (WB) and 'Se- crets Sky' (U), spUt with 'Every- body's Baby' (20th) and 'Last Warn- ing' (U). Good $2,500. Last week, 'Lost Patrol' (RKO) and 'Star of Midnight' (RKO), very nice $3,000. Midwest (Stan) (1,»D0; 25-35-40)— 'St. Louis' (Par). Due for very bad $3,000. Last week, 'Wings Navy* (WB), soiso $3,400. Pbza (Stdb) (750; 25-35-40) — "Beachcomber* (Par). After flop at Criterion, set here for second week, with poor $1,400 in sight Last week, second of 'Fygmalioa' (M-G), good $2 (KM) State (Noble). (1,100; 20^)-5ecr' ond of five-week run on B double- bUls. 'Lone Wolf Spy Hunt* (Col) and 'P^ide of Navy* (Rep). Poor $1,700; Last week, 'Western Jam- boree' (Rep) and "Wong* (Mono), so-so $1,900. Tower (Sten) (1,000; 25-35-40) — 'C^fe Society'. (Par). Below aver- age $2;000. Last week, 'Honolulu' (M-G), second week on moveover, $2,300, okay. Toum^fd^ hdpk; Lopez UpsDie,'14G Indianapolis, March 28. Trek of 15,000 out-of-fown basket- ball fans to this city over the week- end- for stete highschool final tourney aided flist-run grosses' conslderab]^. The stegeshow houses took the lead in attracting the visitors. . The Circle Is setting the pace with a substantial cross on 'Never Say Die' and th» Vincent Lopez band, bolstered by the addition of Ben Blue and Patricia Ellis, while the I^Ie is clicking, off an okay figure on 'Adventures of Jane Ardien' and the personal appearance of Tony Martin with Anson Weeks' orchestra. Among the straight film houses, Loew's 1b doing nicely with 'Stege- coach' and 'Flirting With Fate.* "nie Indiana, with "Three Smart Girls Grow- Up* and "Beauty for the Ask- ing,* is not far behind. Estlmatea tor This Week Apollo (Kate-DoUe) (1,100; 25-30- 40)— 'Love Affair* (RKO) and 'Man Votes' (RKO). Moved over from In- diana after lis first week. Gross this session $2,300, mQd. Last week, 'Princess* (20th) and 'Everybody's Baby* (20th), $2,000, slow. Circle (Katz-DoUe) (2,600; 25-30- 40)-.-'Never Say Die' (Par) and Vin- cent Lopez band. - Ben Blue and Patricia Ellis on stage bill helping wicket Take $14,000, dandy. Last week, 'Sudden Money' (Par) and Ted Lewis' band. In red at $9,500. Indiana (Katz-Dolle) (3,100; 25-30- 40)— 'Smart Girls' (U) and 'Beauty for Asking' (RKO). Durbin pic re-, sponsible for accepteble $5,800. Last week, 'Love Affair (RKO) and 'Man Votes' (RKO), good $6,600. Loew's (Loew's) (2,400: 25-30-40) -'Stagecoach* (UA) and 'Flirting Fate' (Col). Former film helping to $6,700, okay. Last week, 'Huck Finn* (M-G) and 'Homicide Bureau' (Ck>l). $8,500. nifty. Lyrlo (Olson) (1,900; 25-30-40)— •Jane Arden' (WB) and Tony Martin on stage with Anson Weeks' band. Off to bad start with Weeks out of show due to fiu on opening day, but recovering to climb to $11,^, profit Last week, 'BlackweH^-(WB) and Eddy Duchln band, $12,700, good. Talisman Lot Renovated Holljrwood, March 28. Talisman studio Is getting a face- lifting and other costly Improve- ments to' prepare for the' 1939-40 season. iMt -houses Monogram^ Crescent B. F. Zeldman and, other indle pro- dijcUon outflta. i ner Bros, does not surprise other distributors or theatre operators, since It is freely admitted' that this company is No. 1 on buyer lists on the strength of the pictures It has supplied since last August on its current ('38-39) schedule. Going to the top among the - various major distributors gives Warners a distinct advantage over the others. Metro's early sales plans and' hopes on conr tracts before competitive dlstrlbs- get in, is predicated largely on: the fact that it and 20th-Fox rank rlgbt behind WB for '38-39 on b. o. pictures supplied Its accounts. It remains to be seen, however, what headway WB and Metro may make over other companies. In sign> ing accounts before the sales sea- son gets hotter, and what resistance may be faced iri spite of '38 -39 de- liveries in view of the upset state of affairs in films generally. Exhibitor-buyers, who resisted terms sought by distributors last year, may prove even tougher to barlgain with when it comes to hud- dling on the '39-40 product sources in that sphere of operation .declare. In addition to asking why the dis- tributors should be getting the same rental levels as In 1937, the best year since '29, which range from flat buys to 35 and 40%, exhibitors are forti- fying themselves with many .ques- tions that may prove irksome 'to the film salesman. Not only do present grosses fail to warrant the rentals received in' 1037, but if too many pictures are placed in the top, high percentage bracket where a marked increase was shown last year, there may be plenty of complaints. The tendency. In the opinion of buyers, is to push more pictures into higher brackets aiid to lessen the number in the lower brackets. Seore-Charge Sqoawks Distribs may also run up against questioning by exhibitors as to why score charges, which are supposed to be eliminated by most companies, are being consolidated into the film rental on percentage pictures. This, they aver, is not eliminating, but just tacking it on where convenient Also, what Is happening to shorts product and the newsreels, the ex- hibitor is beginning to ask. He ques- tions whether or not newsreels, par- ticularly, are losing their value be- cause of too little news and too much junk. The newsreels and shorts run the percentage bill of the exhibitor te a high of 40% or more, figuring the feature at 35%. The topsy-turvy situation concern- ing zoning and clearance may also have an important effect on this year's selling grind, with the Inter- state decision against price-fixing and double bills an argument that is likely to be used in many sections when it comes time to set protection, classification of theatres, runs, etc. Circuits. Also Wary7 Large chains of the distributors themselves probably will take more time this summer than usual in set- ting their deals; due to the imcer- talnty over the U. S. anti-trust suit chain divorcement bills in various sections of the country, chain store taxation and the like. Independents in opposition to these chains may also want to stall along to see what happens to their distributor-con- trolled competitors before renewing last .year's deals, -or signing up for something which later, depending on what changes occur on the theatre map, may be regretted. 'While the distributors are Insert- ing clauses in contracte making any trade practice pact if and when adopted, retroactive to deals as made on the 39-40 product the un- certainty concerning what the pro- visions of such a pact will contain may also help make the selling sea- son a brutal one. It is possible that bargaining powers now not enjoyed In negotiating a film contract will be provided by the clauses of a trade practice plan when adopted. How- ever, a program for self-regulation may never get anywhere, another' angle to be considered. Where anti-trust suits exist such as for example in Clilcago against Balaban & Katz, plus distributors, the tendency will probably be to mark time In negotiations for '30-40 product Frisco Has 6.0. Fog, but No Biz; minite' Nice 16G, Temple EO.N.& Warners Has 60 Scribes^ Largest Nnmber in 3 Yrs. .' Hollywood, March 28. CHieckup at 'Warners shows 6( writers on the payroll, largest num' ber In three years. ' Recently added to staff were Charles Belden, Fritz Falkenstein, Brewster Morse, Al Martin, Edmund Pardo, Leon Rtissell, Scott Littleton and Irving Fineman. Lugosi 'Creeps' Again Hollywood, March 28. •The Shadow Creeps,' cllffhanger starring Beta Lugosi, rolls April 24 at Universal, following completion of the -current IS-chapter ■ serial, "The Oregon TralL* Producer ia Eeniy MacBae. Onton-GarlieM N.G. $12,500; AU Oeve. Biz Off Cleveland, March 28. Between Easter clothes-buying rush and Metropolitan opera, which is drawing record crowds, it's poor week for films. Liveliest ' item is 'Huckleberry Finn,* hiked by strong juve attendance at Loew's State. Larry Clinton's band, unknown here and with only 'Blackwell's Island' for support, is having a struggle at the Palace. 'Love Affair* is doing fairly nice for Hipp, but StIIIman's taking a whipping with "Within the Law.' Estimates for This Week Albainbr» (Printz) (1,200: 10-20- 35)— 'Inside Story* (20th) and 'Wife's Relatives' (Rep). Letter's plugging combo for good $2,000 in four days. Last week, "Son Criminal* (U) and 'LltUe Pal* (revival), $2,200, good, in four days. AUen (RKO) (3.000; 30-35-42-55)-r Oklahoma Kid* (WB). Not so good at $4,000. Last week, 'Beachcomber* (Par), turned out to be spot's richest and smartest moveover from Hipp, $8,000. Hipp (Warner) (3,700; 30-36-42-55) "Love Affair* (RKO). Good Lenten attraction with favorable notices and swell campaign spelling $12;000. Last week, "Oklahoma Kid' (WB) slowed up to $12,100, but still okay. Palace (RKO) (3,200; 30-35-42-55) — 'BlackweUs' (WB) plus Larry CUn- ton's orch. DIpsy-Doodlers got heavy build-up and young jlvers at mati- nees, but regulars who don't gb for brassy swing staying away. Wont better $12,500, so-so. Last week, 'Wife, Husband* (20th) with Vincent Lope^ on stage, fair $14,000, surpris- ing as Lopez had to follow Kay Kyser's record-smashing week. State (Loew's) (3,450; 30-35-42- 55)— 'Huck Finn' (M-G). Although smacked down by cricks, it's down kids' alley and they're saving a dull week for worthwhile $16,000. Last week, "Ice Follies' (M-G), poor $8,000, nearly lowest of season. StUlnuA (Loew's) (1,972; 30-35-42- 55)— 'Within Law' (M-G). Another disappointment $3,000. Last week, ■St Louis' (Par), also a bit off-key, 'OOfi'e* Jean Arthur Stars In Tront PageV Remake; CoL Redoes Original Hollywood, March. 28. Jean Arthur is slated to star In re- make of 'The Front Page,* purchased by Columbia from Howard Hughes. Pat O'Brien starred In the Hughes version hi 1031, but role is being re^ written for Miss Arthur. Picture follows her two assignments in "Mr. Smith Goes to Washington' and 'Arizona.' Nick Carter Yams Taken For Possibfe M-G Series Hollywood, March 28. Metro has bought the entire col- lection of Nick Carter yams from Street & Smith, publishers. If first picture cUcks, the studio will make a series. WB^s327_^e' Dates ■ Warner Bros, has set 327 dates on "Dodge City' for Easter week (April 6), Immediately folio whig world premiere In Dodge City, Kan., in three theatres there, total of the town, on Saturday (1), . Picture cotaes Into the Strand, N. Y., with Guy Lombatdo, for three weeks starting April 7. San Francisco, March 28 Biz Is still on the skids here. Only newcomers on the street that coutft' currently are "Midnight,* dualled at Fox, and 'Sergeant Madden,' which is being double-billed with 'Fast and Loose at Paramount However neither biUs are setting the town on fire. >» Weather has been perfect for show biz, fog having set in. This gener- ally sends them Into the theatres; but the latter are getting some stiff competlsh from "Folles Bergere,'' which Is playing at popular prices to capacity crowds at the 3.300-seat California Auditorium on Treasure Island. Estlmatea for This Week Fox (F-WC) (6,000; 35-55-75) — "Midnight* (Par) and "King China- town' (Par). Will grab Tiice $16,000. Last week, 'Oklahoma Kid' (WB) and •Wife's Relatives* (Rep), okay $16,500. Golden Gate (RKO) (2,850; 35-55) —'Love Affair* (RKO) arid vaude (2d wk). Word-of -mouth publicity great and . attendance holding' up in fine shape. Second week big $12,500. Last week, strong $17,300. Orphenm (F&M) (2,440; 35-55) 'Blondle* (Col) and "Risky Business^ (U). Absolutely void of any boxof- fice appeal. Will have to be satisfied with poor $4,000. Last week, 'Culver* (U) and 'Society Smugglers' (U), poor $4,500. Paranoiint (F-WC) (2,740; 35-55- 75) — 'Madden' (M-G) and 'Fast Loose* (M-G). Opening of Beery's 'Madden' timed perfectly with the 'Good News' broadcast on NBC. Plug ' helping to okay $16,000. Last week, "Cafe Society' (Par) and 'Ambush* (Par), got $12,500, tmder anticipa- tions. St Francb (F-WC) (1,470: 35-55- 75) — "Oklahoma Kid' (WB) and 'Wife's Relatives' (Rep) (2d run). Headed for mild $6,500. Last week, (2d), 'Wife, Husband' (20th) and "Persons Hiding' (Par), poor $4,000. United ArtMs (Cohen) (1,200; 35- 55-65)— 'Each Other' (UA) (3rd wk). Third week ahning at $5,000, less than anticipated. Last week (2d), got $7,800, fair. Warfleld (F-WC) (2,680; 35-55-75) •^'Prhicess* (20th) and 'Winner* (20th) (2d wk). First week's biz didn't warrant h.o., but management had hoped that word of mouth would . help attendance. Lucky to get $6,000 in second stint Last week finished with disappointing $10,000. VAUDE REVIVAL POOR $9,000 INK.C. Kansas City, March 28. Spotlight of -theatre row centers on Tower, where vaude returns for a week. Louis Armstrong and crew relighted the stage after it had been dark for a month. Returns, ]iowever, are not up to expectations; Street Is heavy .with holdovers^ Orpheum, Newman and Esquire keep* ing their single bills of last week, whUe Uptown took over dual bill in- tact as It showed at the Tower last week. 'Ice Follies,' at Midland with a dual partner. Is the only new straight film bill available in town. It's bringing in fair returns. Estimates for This Week Esqnlre (Fox Midwest) (820; 10- 25-40)— 'Pygmalion* (M-G) (2d run) (2d wk): Light at $2,000, but figured okay for subsequent run, especially coupled with last week's $2,500. Mldlanl (Loew's) (3,573; 10-25-40) 'Ice FoUies' (M-G) and 'Let Us. Live* (Col). Only fair at $11,000, Names In second feature are lost be- cause of habitual minimizing of com- panion features In this house. Last week 'Stagecoach' (UA) and "First Offenders' (Col), light $9,500. Newman (Paramount) (1,900; 10- 25-40)— 'From Missouri' (Par) (2d wk). Looks for $5,000, fair enough. First week started strong with chance to break house record, but slackened slightly and got $10,000, very big. Orpheum (RKO) (1,500; 10-25-40) —'Love Affair' (RKO) and 'March of Time' (2d wk).- Satisfactory at $5,000. First week good $7,000. Tower (Fox Midwest) (2,050; 10- 25-35-65)— 'Soctety Smugglers' (U), plus Liouls Armstrong's orch on stage. First flesh her6 In month. Upped admish and apathy to colored units figured two reasons for mild b.o. pace. Under expectations, $9,- 000. Last week, "CiUver* (U) and 'Risky Business* (U), slow $5,000. Uptown (1,200; 10-25-40)— 'Culver* (U) arid 'Risky Business* (U). Moved Intact from Tower for second week's play. Looks poor at $2,800. Last week 'Princess* (20th) (2d wk). Av- erage $3,000. • St. HartlnTi Flaee» TrafalgM B«aai« INTERNATIONAL NEWS Cable AddrcMt TABIErT, LONDON Tclcpfaoiw TAmpIe. Bar WMl-SOU 11 MORE NAZI FILM INROADS Briti^ Govermnert Bacb Mo?e To Aid Native Film Production London, Maich 28. A move to bolster declining British production has been made - by the government In inspiring a meeting of a banker committee for tomorrow (Wednesday) to formulate plans for financing accredited producers. Big insurance companies will also be In- vited to cooperate. Oscar Deutsch, bead of Odeon The- atres, also is following the trend, be- ing expected to issue a statement shortly that he's prepared to finance British producers. He would guar- antee release over his circuit and distribution by United Artists. This would give Odeon a much greater choice of pictures than presently. Heretofore, under the new quota, American companies- have lieen forced to finance British production since a certain percentage of theltf films must be British-produced un- der the quota rules. During recent debate In the House of Commons, several q»eafcers advo- cated some constructive steps being talcen on both financing and arrange- ments to insure good British films. Lord Strabolgi pointed out that the Moyne committee had recommend- ed some form of flnancipl coopera- tion, which not only would make finance available at reasonable rates of interest, but would see that this finance, only went to reputable pro- ducers. At the time it was indicated that the government would give 'w- couragement in that direction. Spolcesman for the government In ^e house said that the severe set- back in independent British produc- tion, suffered during the first yedr of the new quota, was due to lack of finance. It was also pointed out -that the international tension of the. last ' year had acted as a brake on flnanc- ■ Ing, but that ttiis situation apparent- ly had eased. Admitting that an additional fillip was needed for independent British production, speakers indicated that the extravagance and lossc: formerly incurred would not foe tolerated. The steady advance in quality of British films ia the last year, with such pro- ductions as "The Mikado,' 'Pygma- lion,' The Citadel' and 'Drums,' among a' few others, was pointed out Success of several in U. S., Mitere an English film has long been difficult to sell to -the public, par- ticularly keynotes the improvement purihg these talks in the House, one speaker claimed that only 90 British films wopld be registered in th} year ending March 31. Of these ' it was said that only 10 were strictly British made, others being films made 'In 'tliis country to American order and with American money. NOVELLO'S LONDON MUSICAL OPENS OK London, March 28. Ivor Novello's musical, "The Danc- ing Years,' was splendidly received In opening at the Drury I.ane thea- tre Thursday night (23). Some- what on the line of NoveUo's 'Glam- orons Night,' "Years,' Uid in pre- war and post-war Vienna, is being presented by Leontine Sagan and has Novello as its star. Mary EUis, the former opera singer and film player, plays opposite Novello. Barry Lynde, author of "The Amazing Dr. CUtterhouse,' has ex- perienced considerably less success With his litest play, 'The Man In Half Moon Street,' which was brought ot the New theatre Wednes- day night (22) by Alec Rae and E. P. Clift. Starring LesUe Banks, in Me first ot a series of plays for j«oon Street's' producers, the play appears uhllkely. It Is ian eerie tale of ah aged medico, played by Banks, Who rejuvenates himself through gandular treatments. Ann Todd has *l,«nly female part ■ Tamily Reunion,' whose theme, a tragedy, in modern dress, was Poised by the crix as splendid Uter- ature, seemed" too obscure for popu- lar consumption in Its opening at tne Westminster March 21. ADELPHI FOLDS VAUDE Guitry-Hleks at Collsenm CUek in BlUngnal Skit London, March 28. The Adelphi, operating- at a loss since it introduced Its vaudeville policy there six weeks ago, quits that setup Saturday (1). Coming in yes- terday (Monday), the Nelson Novel- ettes, doubling from the Dorchester Hotel, went over strong in the final week of the Adelphi's current policy. Sacha Guitry and Sir Seymour Hicks clicked at the Coliseuih open- ing yesterday with a delightfully in- consequential sketch which charac- terized Guitry as one who had no knowledge of Knglish, with Hicks showing himself to be equally unfa- miliar with French.. Their protracted attempts- at conversation is surefire here, biit -valueless elsewhere. Ysmk Cois. Fight Threat by Spam In Latin America American picture companies will imlimber their biggest guns in an effort to capture and hold the Latin- American market in the next few months. Besides the urge to over- come losses sustained as a result of Hitler's Ontral European domina- tion, foreign departments are appre- hensive over the possible return of Spain to production on a normal scale. . With cessation of warfare in Spain seen only a matter t2 time now, picture people in that country will likely line up 'production plans shortly, along with the general' re- construction. What American offi- cials hope to do is entrench them- selves in South America and Cen- tral America so strongly that new product from Spain can be success- fully combatted. Corrent LondoD Pbys^ f With Dates When Opened) 'Me and My Girl.' Victoria Palace —Dec. 16, '37. 'Room for Two,' Comedy— Sept 6, '38 'Dear Octopus,' Queens— Sept 14, '38. The Corn Is Green,' Duchess — Sept 20, '38. 'Quiet Wedding,' Wyndham's— Oct 14. ^38. 'Goodness, How Sad,' Vaudeville— Oct 18, '38. 'Geneva,' St. James— Nov. 22, '38. 'Under Your Haf Palace— Nov. 24, '38 'Number Six,' Aldwych— Dec. 21, '38. They Walk Alone,' Shaftesbury — Jan. 19, '39. 'Magyar Melody,' His Majesty's — Jan. 20, "39. 'Design for Living,' Haymarket— Jan. 25, '39. Tony Draws a Horse,' Strand- Jan. 26, '38. ' . „„ 'Gas Light' Apollo— Jan. 31, "39. 'French Without Tears,' Piccadilly —Feb. 5, '39. , _ 'Little Ladyship,' Lyric— Feb. 7, '39 ■ 'To Love and to Cherish,' Kings- way— Feb. 21, '39. The Mother,' Garrick- March 3. *39 'Robert's Wife,' Savoy— March. 6, '39 'Black and Blue,' Hippodrome- March 8, "39. 'Gate Revue,* Ambassadors — March 0, '39. , , 'Sugar Plum,' Criterion— March 15 '39 'Mrs". Van Kleek,' Playhouse — March 17, '39. ^ , To Be or Not To Be,' Phoenix- March 19, '39, ^ , ^ 'Family Reunion,' Westminster — March 21. '39. ^ , The Man in Half Moon Street New— March 22. '39. •Dancing Years,' Drury Lane — March 23. '39. GREIITEfl SCOPE FOR GERMAN PIX Central European Growth of Hider Orbit Not Only Cuts Down U.S. Film Mar- ket but Opens Newor Channels for Reich's Film Output U. S. PROBLEM GROWS Hitler's reshuffling of central Europe in the past 10 days. is an ad- ditional blow to the American com- panies foreign fllih Income. All of the major companies are not defi- nitely set on their future pblicy in countries coming imder the Nazi orbit but 3ll> eiiceptiiig Paramount Metro and 20th-F6x. probably will quit these nations- just as they did Austria when &tler moved iii. For these major companies! the German sweep through central Europe this month represents a loss of 2Vi-3% of the. total foreign bus! ness. Most severe blow was the loss of Czechoslovakia, where the distri- bution is reported to represent more than 1^% of the foreign- take. ' Aside from this monetary loss, American distributors were ad- mittedly disturbed over the import of . this development As each new territory is Nazified, this means just that much larger market for German productions. Consequently, besides shutting out most U. S. companies, it gives the Nazi film companies an op- portunity to expand and entrench themselves against American dis- tributors should they get back into these lands again. New York officials estimate that the loss suffered, as result of Hitler's parade through central Europe, runs about as follows: Czechoslovakia, IH to 1.7%; Rumania, 0.7%; Hun- gary, 0.5%; and Memel, a fraction ot 1%, figures being based on foreign market alone. Lithuania, Latvia and Esthonia combined represent less than 0.4%. Memel, covering about 800 square miles, is. a part of Lithuania. An idea of what this means to the foreign revenue total is gleaned from the fact that Mexico represents only about 1% of the foreign total rev- enue. Italy, presently lost to Ameri- can distributors, represented litUe more than 2%% of the foreign take. This dent in the- foreign total and gradual realization among foreign executives that the cream has been taken from the foreign market doubtlessly will be given serious consideration both by distributors and producers. Protective tariffs, high duties and competition from native producers all have made in- roads into the foreign revenue. The result is that several companies now realize that only the most capable salesmen and executives can con- tinue to realize the maximum return from foreign accounts. And the idea that revenue in the -foreign field can be obtained by haphazard planning is being swept aside. N. S. Wales Exhibs Blame Shortage Of Quality Pictures from Hollywood For Boxoffice Collapse Down Under Eckman Back to London . Sam Eckman, Jr., Metro's manager in Great Britain, sails for London Saturday. (1),- after having been in U. S. for more than a month. He has been huddling with homeoffice officials and Arthur Loew, Metro's foreign chief, in N. Y. for the last two weeks. Previous to that he had been on the Coast N. Bernard Freeman, Australian manager for M-G, comes to N. Y. from Hollywood next week. He ar- rived . from Sydney about a week ago. RYDGE BUYS METRO PIX FOR AUSSIE STRING Hollywood, March 28. Norman B. Rydge,"head of Greater Union Theatres in Australia, closed a deal with Metro toi studio's output for his subsequent run houses in Sydney and is mulling deals with other major distributors to supply all his houses. Rydge and his American repre- sentative, Capt Harold Auten, ar- rived in New York this week for further shopping. Sherek Hasn't Cronin Flay. London, March 28. . Denial has been here by Heath Sc Co., London literary agents for A. J. Cronin, that the author's first play has been acquired for production by Henry Sherek. Italian Distrib. I Proposals Hint Settlement Near Meeting of foreign managers at the Hays office last week wad to listen to the suggestion ot Columbia Pic- tures on Italian distribution. Under- stood that this - film company had some new proposition from Italy's governmental picture monopoly. Al- though Columbia sought to get per- mission to withdraw from the pact of eight major companies, other foreign represoitatives persuaded them that a continuance of united industry front now was the best course. Arthur W. Kelly, United Artists foreign chief, back from Europe last niursday (23), revealed that an Ital- ian representative had offered a new play to him in Paris covering distri- bution in Italy. Industry spokesmen familiar with wordage of this new proposal stated that it differed little from other plans suggested over the last four weeks. Basically, it con- tained the same drawback other Italo pacts have— 4t pemoltted the Italian film monopoly to set terms under which U. S. distributors could do business. This naturally reverted back to the old flat rental idea which they have proposed all along. However, there wora signs that the log- jam on the Italian situation might be broken, since both Italian and American interests appeared anxious to do business. Main catch Is that U. S. distribs don't want to return to Italian distribution -on terms fixed by a government agency. GOV'T GROUP TO PASS ON ALL MAGYAR PROD. Budapest, March 17. National Film Council, consisting of delegates of three ministries and presided over by a delegate of the prime minister's staff, is henceforth to pass on ail details of Hungarian production before a film starts. Rea- son is 'to insure high artistics stand- ard of Hungarian pictures and to make sure tliat they represent the proper national spirit.' Another decree enables the Minis- ter of Interior to i:evise exhibitors' licenses and to withdraw such li- censes at any time, without motiva- tion. 'Mice' Now OK in London London, March 28. After persistent refusal of the censor to license .ilice and Men,' Ciaire Luce, who had -a leading rol6 in the John Steinbeck play in New York, will present the drama at the Gate- theatre here. The Gate is privately-owned. Sydney, March 6. Shortage of quality pictures from Hollywood has been blamed partic- ularly by major exhibs here for the boxoffice collapse ot late in Aus- tralia. While the record heat .has also been a factor in the b.o. de- cline, exhibs claim potential b.o. is nearly always satisfied - despite tm- mitigatlng circumstances. Charles Munro, director of Hoyts, has pointed out that many houses have been forced to continue pic- tures at a loss because suitable prod- uct to follow was unavailable: .Connteract lag . Various ideas have been intro- duced to bolster biz. Stage presenta- tions and top vaude acts have been tried in place -of we'akies and still, if the picture was not what the pub- lic wanted, they stayed away. Munro stressed that it's pretty hard nowa- days to judge just what the public wanted in the way of picture enter- tainment Columbia's 'You Can't Take It With You.' Mimro stated, was an in- stance. Picture started well here but took a suddeh ■ dive and scrambled through tour weeks, then skidded further on second-release at an uptown house. Munro next in- stanced 'Cowboy and Lady' (U^). which was expected to secure a good -run, but skidded after two weeks. Hoyts brought in Allan Doone, one of the most 'popular actors ever to play here, to support 'A Man to Re- member' (RKO). Result: poor. biz. Cycles Also Hart Munro, in line with general repre- sentative exhibitor . opinion, also thinks too many pictures run in cycles. This ' was noticed with comedies that approached slapstick, which flowed here for months. Such early pictures copped a take biit the rest slithered by the wayside. Sam Snider, of Snider-Dean, states that biz might be br6ught back if the industry as a whole went in tor co- ordination and forgot about legisla- tion. (Ed Note: By legUlation' it's assumed Snider means laws restrict- ing American distributors.) Snider rapped distribs for allowing pictures to hit the nabes within a short time after city runs. Said public was be- ing over-catered to and instanced one nabe show playing as a dual 'Alexandv' (20th) and 'Girl of Gulden West' (M-G), both of which were b.o. in America, particularly the former. Foreign departments of major companies in New York claim that there has been no withholding of strong product and that the pictures Australia has been getting simply comprise the lineup available for release. This was in answer to com- plaints of New South Wales exhibi- tors that American pictures released there, of late have been unsatisfac- tory. France Eyes U. S. Tie ' Doe to Nazi Push; Tax Vs. Distribs Seen Out Seriousness of the situation In central Europe is looked on in New York trade circles as possibly chich- ing the elimination of proposed dis- criminatory- taxes and other meas- ures against U, S. film distribution in France. American picture officials for sev- eral weeks have felt that any meas- ure singling out U. S. distributors would t>e defeated unless the French government sought to ignore the pos- sibility of. dissolving the present trade ' treaty between the two na- tions. This is hardly likely now, - American companies ' hold, since France is anxious to maintain amicable relations with the U. S. because of Germany's latest im- perialistic push. SENSATIONALLY DIFFERENT! . . . Drama even greater than their dancing . . . in the romance of the world's greatest^dancers! ... . Re-creating ^the steps that made the Castles famous^the Castle Walk, The Maxixe, The Tatigo! . . . Memory's fondest melodies! . . . All the glories and excitements of a glamorous jiear yesterday! ... ANOTHER BIG RKO SHOW FOR TOf MONEY AGAINST ANY OPPOSITIONT WORLD PREMIERE THIS WEEK RADIO CITY MUSIC HALL! Wednesday, Marcb 29, 1939 VARIETY li ■i.-' starring FRED ASTAIRE GINGER ROGERS R K O RADIO PICTURES EDNA MAY OLIVER • WALTER BRENNAN LBKHELDSOANET BEECHER*ETIENNE GIRARDOT [j^i^RO S. BERMAN IN CHARGE OF PRODUCTION Utm^ ^ e>cv Itannenteiii II awl Bmtti Yost 14 VAJtlETr FILM REVIEWS Wiedpesd^^, Bfarcli 29, 1939 WUTHERING HEIGHTS Hollywood, Uarch 25. Unlttd Artlats relcan of Samaal Ooldwyn VroducUon. Co>sUn Uerle Olxroii, Lau- nnc* Olivier, David NWen. Directed by William Wyler. ScKenpUy by Ben Hecht and Charlea MacAithar. From novel by Smlly Brcnte. Art direction, Jamea Basevl; camera, Ortet Toland; editor, Daniel Mandell: aast. director. Walter Uayo. Previewed at Wamera Hollywood March 24. '30. Running time: lOS &IM& Cathy Merle Oberon Ueathcllff Laurence Olivier Edgar David Nlven Ellen Dean Flora Robson Dr. Kenneth Donald Crlan Isabella Oenildlnc Fitzgerald Hlndley '..Hugh AVlTllama Joaeph Leo O. Carroll Judge Linton Cecil Humphreya LiOckwood Milea Maniler Robert Romnlne Callendcr Eamahaw Cecil Kellaway HeathcllK (a^ a child) Rex Downing Cnlhy (aa a chllil) Sarlta Wootoa Hlndley (na a child) Douglna Scott HarpslchorJIst Mme, Alice Ehlera "Wuthering Heights* will have to depend on class audiences. Its gen- eral soir^reness and psychological tragedy is too heavy for general ap- peal. With that setup, and lacking socko marquee dressing, picture is more of an artistic success for the carriage trade. Emily Bronte's novel, published a century ago, tells a haunting tale of love and tragedy. Samuel Goldwyn's film version retains all of the grim drama of the book. Dramatic epi- sodes are vividly etched, without bene&t of lightness. It's heavy fare throughout Merle Oberon has two loves — a pash for stableboy tiaurence Olivier and love of the worldly things which David Niven can provide. After un- successfully goading Olivier to make something of himself, girl turns to marriage with Niven. Olivier dis- annears, to return several years later from America with a moderate for- tune. Miss Oberon keeps her smoul-. dering passions under control, and Olivier marries Niven's sister, Geral- dine Fitzgerald, for spite. Climax is reached with Miss Oberon dying from an incurable disease in OUvler's arms. Stark tragedy is vividly etched throughout. Tempo is at a slow pace, with many sequences devoted to development of psychological re- actions of the characters. It's rather dull material for general audiences. Olivier provides a fine portrayal as the moody, revengeful lover. Miss Oberon is excellent throughout,- nicely tempering her changing moods. Niven handles his role sat- isfactorily, while Miss Fitzgerald is impressive as Niven's sister, who .comes under the spell of OUvler and finds nothing but unbapp'iness in her marriage to him. Story is imlolded through retro- spect narration by- Flora Robson, housekeeper - in the early-Victorian mansion of Yorkshire. .Mter briefly detailing bacliground of three prin- cipals as children, tale swings into the main love theme and tragedy, Production has been 'given best facilities possible in all departments. Camera work by Gregg Inland is top grade, and settings are in keep- ing with period of the story. Direction l>y William Wyler Is slow and deliberate, accenting the tragic features of the piece. Ben Recht and Charles MacArthur wrote the screenplay. ^ Hound of the -Baskervilles stalk its victims in the fog-swept moors. Rathbone gives a most effective characterization of Sherlock Holmes which will.be relished by mystery lovers. Greene, in addition to play- ing the intended victim of the mur- derer, is the romantic interest oppo- site Wendy Barrie. Supporting cast Is meritorious— mostly English players who fit neatly Into individual roles. Group includes Nigel Brace, Lionel AtwlU, John Carradine, Barlowe Borland and Eily Molyon. Chiller mood generated by the characters and sto.ry is heightened by effects secured from sequences in the medieval castle and the dreaded fog- bound moors. Iiow key photography by Peverell Marley adds to suspense in the unfolding. Direction swmgs along at a delib- erate and steady pace, catching every, chance to add to the chiller-mystery tempo. Picture is rounded out nicely from the production end. RISKY BUSINESS Unlveraal production and release. Fea- tures Georgo Murphy and Dorothea Kent. Directed by Arthur Lubln. Original by. WUUam Anthony McGuIt«; screenplay by Charles Grayson; camera.' Stanley Cortez. At Rlalto, K. Y., week March 22, '30. Raa- nlng thno: «7 UINB. Dan Clifford George Murphy Mary Dexter Dorothea Kent De Camo Ednardo Clannelll Hinge Jackson Leon Amea Lucius Bl Brendel District Attorney Richard Tucker Xonna Jameson Frances Robinson Silas John Wrny Capt. Wallace Arthur Tjott Abemathy Pierre Watkin Xorraan Gnmt Richards Jameson ....Charles Trowbridge Mrs. Jameson Mary Forbes Hollywood, March 23. 20lh-Fox release cf Gene Markey produc- tion. Features Richard Greene. Basil Ratnbone, Wendy Barrie. Directed by Sid' ney Lanlleld. Screenplay by Ernest Pas- cal; 'from The Hound oC the Bnskervllles' by Sir Arthur Conon Doyle; camera, Pev- erell Marley; editor. Dolierc Slmpnon.- PrC' viewed at Gmuman's Chlnrae .March 22, ■80. Running time: 78 MINH. Sir Henry Basitcrvllle Illchard Greens Sherlock Holmes Basil Rathbone Beryl Stapleion Wendy Barrie Dr. Watson Nigel Bruce Jamca Mortimer, M. D Lionel Atwlll Barryman John Carradine Franhland Burlowe Borland Mra. Jvnirer Klorthner Meryl Mercer John Stapleton '. Morton Lowry Sir Hugo UnskervJIIc Ralpb Forl;es Cab'jy E. E. Cllve Mrs. I3ari-ymfm Elly Malyon Convict N'lgel de Brullcr Mrs. Hudson 4 >lary Gordon Roderick : : . . . Peter 'Wlllea Sliepher.l Ivan Simpson Sir Charles Isn MacLnren Bruce John Burton Jon Dennis Green Bdwln Evan Thomas Snatch story, with radio gosslper as a flamboyant hero and a sprin- kling of gangsters, stacks up as a healthy programmer suited tor double bills. It will gamer nice business in city spots such as at this theatre, where th^ like tlteir melo- dzama realistic. Absence of marquee names naturally limits its draw, with bumping off of the hero a dif- ferent but imsatistying enxl. It's a remake of Vs 'Okay .America.' 'Risky Business' takes several deft digs, at the business of radio broad- casting- even if it does paint the commentator with the lustre of crusader against gangsterdom. It has the radio gosslper telling off the head of a broadcasting network, lambasting ad agencies and finally dipping a top radio ofiEicial on the chin. That final touch, where two torpedo men slink into a broadcast- ing studio while the gosdper Is about to reveal gang secrets is rather rough. Gosslper is depicted admit- ting on the air that he nas just slain a ruthless gangster leader. Thea he is shot down by the gun-toting mob- sters in a fusimde of bullets. Producers have held close to melo- dramatic traditioii and developed a series of suspenseful scenes for the film's. climax. Here the skill of di- rector -Arthur Lubin is visiltle be- cause it is only Ordinary story de- velopment Scene where the radio narrator flashes an automatic and sends three or four bullets into the menacing gangster chief can only be excused on° the groimds that the mobster had it coming to him. George Murphy is fairly satisfying as the crusading radio coluinnis: who covers Uie cinema capital, even if a bit florid. Dorothea Kent, as bis femme secretary, Med her l>est to inject a bit of romance into the pic- ture, although he bruskly ignores her. The cameramen did not do her justice -with several closeups that only set off the weaker featiues. Ijcon -Ames is the suave ex-gang- ster, suppd£edly reformed, who is a pal of tbd i^dib narrator. Eduardo Ciannelli is satisfactory as the chiisf mobster while John Wray ai chips in' with one of his virile cl acteiizations as down-and-outer helped by the gosslper. El Brendel, veteran screen comic, is good for an important bit and gets his usual quota of chuckles (again as a jani- tor). ' . .f ■ . Charles Grayson's 1639 scripting of William A. McGuire's old original as well as his potent dialog is a slick job. Wear, 'Hound of the Baskervilles' in film form retains all of the suspensefully dramatic ingredients of Conan Doyle's popular adventure of Sher- lock Holmes in the moors of Devon- shire. It's a startling mystery-chiller developed along logical lines without resort to implausible situations and over-theatrics. Picture is a strong programmer, that will find many bookings on top spots of key dualers that attract thriller-mystery patron- age. In the nabes and snudler com- munities it will hit okay b. o. Ex Eloitation on the names of Conan •oyle ' and Sherlock Holmes will belD. Story catches on with minimum footage, gaining 'attention imme- diately and holding steady race throughout Doyle's tale ot mynery surroimding the Baskerville castle is a familiar one. When Lionel Atwlll learns that Richard Greene, heir to ' the estate, is marked for death, he calls in Basil Rathbone. Balance Is a well-knit bundle of suspense, - thrills and surprises, moving steadily to ultimate solution of the mystery when Rathbone uncovers the m^ister of the ferocious hoimd trained ib ON nUAL Miniature Reviews fat Carr Mr. Rummers Stuart Holmes Balllft. Cliff Saum Court^StenoKrapber Jack Mower iiury Foreman John Dllson Mrs. Roaenblstt Lola Cheaney First Reporter Edgar Edwards Second Reporter j«bn Harron Elmer Rice's sensational court- room drama ot three decades ago, in its day, had theatre audiences going, for the theatrics of the piece, which had the husband commit murder to MYSTERY PLANE Monogram release ot Paul Malvern pro- duction. Features John Trent, Mllbum Stone. Marjorle Reyaolda. Directed by George Waggner. Adapted by Paul Scho- fleld and Joaeph West from cartoon atrip. Tallspln Tommy,' by Hal Forrest; cam- era, Arcbia Stout; editor, Carl Plerson. At Strand, Brooklyn, N. T.. week March ' 'SO. dual. Running time: SO UIMS. Tallspln Tommy John Trent Skootor. Mllbum Stone Betty Lou ...Marlorle Reynolda Paul Jason Robards graody J>eter George Lynn Wlnslow Luclen UtUeHeld Anita Polly Ann Toung Fred Sayre Deerlng Cart........... John Peters Tommy (child) Tommy Bnop Hetty Lou (child)......: Betsy Gay Produced along familiar lines of mystery spy mellers, and aided by popularity of Hal Forrest's news- paper comic strip, Tallspln Tommy,' on which yam is based, this pic- ture will do nicely on the sec- ond half of du^ While not pretentiously done, Paul Malvem has thrown together a fair cast of juve- niles to carry the simple story. En- tire picture displays a unity and economy of purpose without any side issues or involved situations to clut- ter up the script John Trent and Milbume Stone, a pair of young aviation enthusiasts invent an improved bombing device for planes and test it -out for army officials. A gang ot international ^ite want the invention. They ab- duct the two aviators and their girl friend, Marjorle Reynolds, and at- tempt to force the formula from them. Army cops track down hiding place of the gang.' Before they can get there, Trent and his pals escape in a plane and are pursued by the vil- lams in a seaplane. Pitched battle in the skies ensues.' Heroism of .the gang's pilot, a former aviation idol Peter George turn out SO THIS IS LONDON (BBtnSH-MADE) London, March 16. aOth Centmr-Fox production and release. Stars Robertson Hare. Alfred Drayton. Di- rected by Thoifiton Freeland. Screenplay, William Conseiman, from Arthur <}ood- rich'a adaptaUon of George M. Cohan's stag* ploy; dialog. Ban Travers: camera. Otto Eantnrek. At Tlvoll, London. Run- ning time: 80 MTSB, liOrd Worthing , Alfred Drayton Henry Honeycutt Robertson. Bare Dodle Ethel Revnell' Lis °. Oracle West Hiram Draper Berton Churchill Mrs. Draper./ .' Lily Cahlll Ellbor Draper.... Carla Iiehmonn Lady Worthing Fay Compton Lawrence Stewart Granger Dr. DereskI George Saiideis Mrs. Honeycutt....; .'.Mavis Clalr Butler Aubrey Mallallen Ijondon' has so many screamingly funny slapstick situations that indi- cations are it wUl be an entertain- ment bonanza in this coimtry. Geoiee M. Cohan's original sta^ comedy has been converted to suit the per- sonalitien of Alfred Draytcn and Robertson Hare, English farceurs, and their craftsmanship is worthy. The characters are good to meet, the dialog is crisp and pungent, di- rec^on is good end ptiotography ex- cellent As a supporting feature in a double -program in America it should prove satisfactory. The very nature of tiie- incidents are certain lauj^-getters. The two central' characters, the English Lord and the American business man, ac- cept misfortune like men — they blame it on their wives. Drayton is the former, played irascibly throug- out, and Berton Churchill the latter, equally irascible. Supporting roles are bandied com- petenuy. There is a very funny scene between two drunks, one ot whom is recognizable as David Bums. Neither is programmed. .An- o&er part well enacted is that of a sleep-walker, by Mavis Clair. Jolo. THE SPY IN BLACiC (BSmsn-HADE) London, March 18. Columbia produoUon and release. Stars Conrad Veldt. Directed by Michael PoweU. Screenplay, Emarlo Frassburger, from story by J. Storer Clonston; scenario. Round Fertwee; camera, Bernard Browne. At Phoenix, London. Ruimlng time: SB HIMB. Captain Hardt Conrad Veldt Aahlngton Sebastian Shaw School Mistress.. r. Valerie Hobson Schuster Marlus Goring Anne Burnett. '....June Dupres Rev. Hector Matthews Athola Stewart Mrs. Matthews.. Agnes LaoAlan Mr& Sedley Helen Haye Rev. John Harris Cyril Rsiymond Captain Ratter George Summers Kate Margaret Moffat Commander Denis EenneUi Warrington Submarine Officer Torln Thatcher Admiral Robert Kendall Bob Bratt Grant Sunderland Chauffeuse Mary Morris The Spy in Black' Is a praise- worthy film on international espion- age during the. World War. It should do stellar biz here and is a dual possibility for America. The plot, while necessarily melo- dramatic, is always within the range of possibUity. Conrad 'Veldt, as capr tain ot a German submarine, re- ceives instructions to proceed to the Orkney Islands, where he's to meet a woman spy, from whom he's to. take orders. She instructs him to sink 15 British ships cruising off the coast of Scotland, and contacts him with a discharged traitorous lieuten- ant of the British Navy. The rest deals with Veldt learning , that the two are actually working for Britain, and his futile attempt to frustrate them. The twist whereby it's .developed the lieutenant and the girl are loyal to Britain comes as a surprise. 'Veidt has a strong role for which he's ad- mirably suited. Sebastian Shaw Is excellent as the English naval officer. 'Valerie Hobson, as the other spy, is creditable. Supporting cast is competent DirecUon and photography are ex- ceUent Jolo. Knight of the Plains (WITH SONGS) Spectrum Pictures release Stan Laurel- Jed Buell production. Stars Fred Scott; features Al St. Jobn, Marian Weldon, John Morton. Directed by Sam NewAeld. Story and soeeikplay, Fred Myton; camera. Mack Stangler: editor, Robert Jahna; -songs, Lew Porter, L. Wolfe Gilbert and Harry Tobias. At (>>lanlal, Lincoln, dual. Cast: Fred Scott. Al SL John, Marian Weldon, John Merton. Richard Cramer, Frank LaRue, LaCs McKee, Emma Tau- sey, Steve Clark, Jimmy Aubrey. Shery 12>naey, Bndd Buster. Running time: 61 The poor -old homesteaders - are called into action again, abused, mal- treated, dispossessed and otherwise badly handled, to make Fred Mytoa's original for Fred Scott's 'Knight ot the Plains.' It's one ot the Stan Laurel exec efforts, with Jed Buell I (Continued on page 16) BIZARRE BIZARRE (FRENOH-MADE) Lenau«r Intematlonal Films nlesM et ComlgUon MoUnler produotloo. Featnrea Lonli Jonvst, naaeolse Rosay, lUobel Simon. Dlreoted by Uaicel Came. Boreea- play by Jacques Frevart: from story by J. Store>CIouatoii: oamera, Roger Kahani at Fllmarte, N. 'r,. week Ilaicli 30, 'S«, Running time: 84 IONS. Vloar ot Bedford Iioals Jonvet Margaret Holyneos Fcanooise Rosay Irwin Molyneux (Fallz Chapel) Michel Simoa William Krampa Jean Louis Barraiilt The Milkman Jean Pierre AtmMot Eva Nadlne Vogal Detective Aleover Rt^rter Gnlsol Mrs. McPhearson Jeanne Lory Man In Mourning M. Duhamel (In French, totth English Titles) This is one of Marcel Game's ex- periments with farce comedy and it's deftly directed. Given a script replete with ingenious .quirks and pokes at human failings, a muslo score modesUy but effectively em- ployed to heighten dramatic effect where needed, and a plot that hinges on a pseudo-murder, opus furnishes pleasing entertainment Art thea- tres and foreign language houses will do fair business with this one. Came keeps the whole pot-pourri moving bri^dy. He combines the humor of idiaracter, society and situ- ation in capable fashion and turns out a fine travesty on Scotland Yard crime detection. Picture has a capable cast Michel Simon, chief protagonist of the mixed-up nelange, scores heavily in comedy, and Jean Louis Barrault does equally as well in a farcical interpretation of a homicidal killer. Louis Jouvet, one of the better Imown character actors on the Frendi screen, is impressive as a hypocritical avaricious clergyman, and Francoise Rosay and Nadlne Vogel, as mother and daughter, ably carry romantic leads. The girl's ro- mance is subordinated to develop- ment ot the plot, but with her looks and abUi^ she could have' been, given more footage. Story concerns a bourgeobe famr lly. Ib head, who is a simple soul with a hobby for flowers, makes bis living writing crime stories from tales suppUed by his daughter, who hears ibim from the miurmaw, her lover. A cousin. ot the family, the Vicar of Bedford, inidtes himself to a 'week-end. unfortimately, the Molyneux family's servants have wauced out and Mine. Molyneux turns cook herself. To explain her absence, the husband pretends she is visltmg friends and at the first opportunity deserts his guest In ai spirit of mischief or revenge, the Vicar spreads a report that Moly- neux has killed his wife. Which brings Scotland Yard on the scene and the mlxups. Producer Molinler hasn't stinted anywhere along the line. Settings; photography and production details are artistic and substantial. A Man and His Wife ('Cn Homme ei m Femme') ' (FBENCH-HADE) French Film Exchange release ot R. T. Films production. Stan Harry Baur. Dl« rected hy Jean Drevllle. Story, Roger Fer- dinand; music, Fortere; camera, L. H. BnreL At Little, Caraagle, N. T., week March 27, 'SS. Rmmlng time. t» MINB. Papon • Harry Baur . .'anette.... Suzy Vemoa Molneau... Pierre Laniney Berthe , Christians Dor Marcelle............'. Joasellne Gael Jacques :..Jaci|uea Maury Roland Hardl '..Guy DerleB Du Peeq Robert Clermont (In French; with, English Titles) Conceding that Harry Baur always manages to appear interesting in his character studies, this sketchy com- edy drama stacks up in the .American market, even for forei^-language houses, as an overly long pto- grammer. It is further handicapped by making audiences in this country depend on English tiUes for an ex- tremely wordy film: Extent «f ver- biage drops ft into the farce class most of its length. Story of philandering wife mar- ried to a 'plodding 'government em- gloyee whose away-from-home affair ounces back after h,er mate becomes wealthy Is extremely reminiscent of others in a like groove. Difference mainly is that it is given several strictly French twists but the shears seem to -have shortened these spicier episodes. Harry Baur, veteran French cinema character actor, provides a deft portrayal of the humdnrnt worker who rose to wealth and fame by changing the routine ot his whole life. At times it amounts to ti mon- olog^ which is one of the picture's weakness. Opposite in the role ot wife is Suzy Vemoh, who gives only a mediocre Interpretation of a character vital to the table. She is not particularly at- tractive as caught by the camera here, and leaves the audience mar- veling why her husband aspired to do so miMh for Iter. Cbristiane Dor and Josseline Gael, supporting femmes; both appear more fj»sclnnt- ing than the wife. Others in support are considerably below par for a French film. Roger Ferdinand's story is fairly concise^ and appears to have plenty of crisp dialog. Latter, however, is lost for the average -American audi- ence^ Wear. Wednesday, March 29, 1939 VARIETY 15 Nothing Can Stop Us! I m s^^^P^ Km mm S % ' ' ' ' ' Top Us! BUSIHESS GOWG ON AS USUAU MVARNEBS for Action. WARNERS, for the Hits. WARNERS . for Fairness! Pirecl ted by Story by 16 VARIETY PICTURES Musk Pubs' Suit Vs. Erpi Majors Ob Fwep Rii^ts Dates Back To Ae Pioneer Days of Sound The pioneering days of sound are recalled lo the present suit by John G. Falne, as trustee for the music publishers, against Electrical Re- search l>Toducts, Inc^ and a group of Film companies. The .' two major claims in the present suit Involve $42,699.81 on Ond aspect, and $160,043.79 . oh another claim. With interest for some 10 years, per each claim, the totals virtually double themselves. After considerably 'Involved argu- ment, Judge Tohn C. Knox, in Fed- eral Court (N. Y.), has decided he will strike out the $42,69941 daim against £rpi and the film co mp a ni es, Confessing he Is 'considerably be- wildered' by the many technicali- ties entailed in this battle of music copyrigbts and recording rights, Judge Knox hais requested that both sides further argue the second claim before him on April 7, following which he wiU rule on the $189,043.79 amount This phase of the music men's pact with Erpi involves the foreign rights only. . Already, under this foreign contract of 1927-1932, the song- writers and moslc pubs received at the rale of about $500,000 per annum for tlie- term, or $2,500,000. There first arose a disputed balance alleged due under the American song rights, and Ecpi settled for $825,000 for the release of all rights, above the moneys already paid. This was after •xpiration ot the agreement in 1932. The suit on the foreign rights, which followed, arose from the fact that tte' Hollywood producers de- cided to export the records (this was before seund-on-fllm became univer- sal), hence the music interests de- manded — and got — another contract covering the foreign exhibition field. Complications .What complicated matters was the disttaictton between $75 per com- plete usage of a copyrighted work, or '$37;S0 (a half credit) when any musical 'Work was used only par- tially, nien also, arose this phase: are the American publishers entitled to collect wiAn tiie musical work might "be in the public domain abroad? Or has any American music firm a claim wheii perhaps a Bdtlsh, French, German, Spanish or Italian publisher owns ' tiie basic world' copyright? And many an- ^ othei' wrinkle which complicated the I entire legal picture. W Erpi fut the matter In the laps of the pteture companies, which is wheii Julian T. Abeles, copyright expert, was called in to act for Columbia, Metro, 20th Ceirtury-Fox, United Artists and Universal. Abeles, as trial counsel, had with him as asso- ciate counsel Herman Finkelsteln, of Nathan Bnrkan's (now Schwartz & FtohEch's) office. It placed the film company's attorney ofttimes in the awkwcrd spot of being opposed by. both Faine (music publishers) and Erpi's lawyers, with Abeles in the middle. Subsequently, however, Abeles was in an unsuspected favorable position through having also repre- sented many foreign music pub- ll^ers in America, so that he knew, of their international dealings. Thus, even though how placed on the op- Ijosite side of the fence (l.e., acting f<>r the 'film companies, rather than the music copyright owners), .he was able to refer to some 500 letters he had 1- his files which dealt wlUi many of these foreign compositions. Sparse Sound Further complicating matters was tiie ' fact that in those days the world's cinemas were very sparsely wired tor sound. While the foreign English-speoking nations, for exam- ple, might have used U. S. sound- films - extensively, the Gallic market, or the Latin-American cinemas, in those early 1927-29 days, were still in the throes of being equipped for sound pictures. Thus, attorney Abeles successfully argued, the ex- tent of the claims for foreign music revenue could not be as great as It Is .jtoday, for Instance. Judge Knox held with him in dismissing the lesser claim of $42,699, which, with 10 years interest, would come to some $80,000. However, this is deemed, to be the keynote 4if-tbe suit, even thou^ involving sUU ancflier «nd larger claim 4rf $169,043, which, too, is subject to -10 years' Interest. In the case of Paramount, RKO and Warner Bros.— 4fae 'otiier, majors not Involved— the former two were in N. Y. STATE TROOPERS CHECKING ON BOOTHS Since the death, by bumhig, of an operator in a central New York town, state ^oopers are said to have been checking closely the condition of theatres in small communities and to have ordered the dosing ot .sev- «r^ until construction changes were made. Under the law, enforcement r-f safety regulations in buildings is vested in the State Police where no local supervising officer or body exists. . A number of low capacity houses and halls used for motion picture shows do not come up to scratdi from every angle of safety. Some ob- •servers assert. A very- rigid en- forcement of safety provisions might close many of them, according to Ihese sources. Loses Quiz Suit FaiitKUiks, Sr^ ^^ib Nicked by Uncle Sam; To Pay 7 2G Tins Tme Washington, March 28. Douglas Fairbanks took another slap from' the U. S. Supreme C^urt Monday (27) and still faces ttie ne cessity of repaying approximately $72,000 which the Iteasury once re funded him as excess Income taxes. Complicated and prolonged litiga- tion reached the final decision stage this week when the top tribunal, in an opinion by Justice McReynolds, ruled that amounts the star received through redemption of bonds ahead of schedule is subject to normal .and surtax as.part of his entire income. Second time in a few months the Supreme (%urt has winged Fair banks. Previously it refused to re-, view the ruling of the Ninth Circuit Court of Appeals but; when the ac' tor's attorneys discovered the First Circuit Court had taken °«n oppo- site stand in a similar controversy, the final arbiters then entertained the appeal. Important legal point was In- volved. Fuss revolves around the treatment of money .which Fair- banks got when Elton Corp.— whldi was given in 1925 all rights to nine swashbuckling pix— paid off part of the $4,000,000 worth of ■ 10-year de- bentures handed him at the time of the assignment. He reported the receipts as 'capital net gain,' on which the tax rate was 12%%. After wrangling, the Comnflssloner of In' temal Revenue collected a defi- ciency payment, based, .on a ruling of the Bureau that the 'money must be lumped with regular income, which raised his tax bill. In 1929, the Board of Tax Appeals handed dowh « vital Verdict upsetting the position of the Bureau, so Fairbanks drew a refund. Then the B.TJL re- versed itself and the actor was called upon to repay the amount The Supreme Court noted that a succession of. tax laws, numerous administrative rulings, and ttie most recent interpretation of -Sie B.TJi, coincide with the view taken by the Ninth Circuit Court Henee, V^- banks must Uck badc^ even though the First Circuit held dilTerently in an almost parallel case. receivership (BKO .stm Is) and had to treat its mtislc problem individ- ually. And WB, of course, battled with Western Electric ut oomph in w^tems wKh~ 4Hit atniining. Rlcbard Ci«mer and John Merton can^ the villainy load creditably enough. Frank LaRue, money man from the east out to promote the homesteaders, and Lafe McKee, one of the 'steadets, make the remaining performance Impres- sions. Narrative finds an easterner pro- moted on a phoney land grant which almost precipitates a range war until it's chased to the ground by Scott and St John. Story is so familiar it can be short-cutted by every mem- ber In the audience at all times. Chances are slight for this one. Bam. ALEXANDER NEVSKY (BUSSIAN-MADE) AniklDo Klcnae o( HoaDlm Production. Features Nikolai Cherkamov. N. P. Okhlopkov, A. li, Abrlkoasov, V. .S. Iva- sheva. Directed by .Sergei Ulaeiutein and D. I. Vaaklllev. Orlglnnl by Elsenstein and Peter A, Favlenko. Mualc, Sergei Pro- kofiev; camera, Edward Tlsse; English titles, Julian Lelgb. At Cnmro, N. T.. week Uareta 22, '80, Running time: 17 BUNS. Prince Alexander Yaroslnvlch Nevskr, NIkolul Cberkoasov Vaaally Buslal N, F, Okblopkov GavTllo Olexicta A. L. Abrlkossov Ignat, Master Armourer D. N. Orlov Pavsha, Governor ot Pskov., V. K. Novlkov Domaab, nobleman of Novgorod N. N. ArskI AmeiCa TImoteyevna, mother ot Buelal v. O. MASsallttnom Olga, a Novgorod glrl.......V. S. Ivaaheva Vaaalllasa.; A. 9, Danllova Master o( the 'Teatonio Order v. lu. Brabov XverdlUo, tratloroua mayor of Pskov., 8. K. Bllnnlkov Ananl. a monk I. I. LanUn The Blahop L, A. Fenln The Black-robed Monk....N. A. Rogozkin (In Russian; with English Titles) As befitting the rank of 'giant' of the Russian film industry, Sergei Eisenstein has been given a fre* hand on production, but not on story lines. Huge reservoirs of man- power and materials have been thrown into this epic production, whl^ Is lavish in scope, theme, per- formance and wealth of production detail, but despite Its magnificence and scale the picture lacks uie quali- ties which first impressed Eisenstein's technique. Thoi^h clothed In ac- ceptable cinematic trappings; it Is further handicapped by propaganda, timed to apply to current events in Europe. It deals with historic events in the 13th century, but analogy is drawn to present-day politics, and meaning and purpose of ttie entire production are shaped toward threats against any Russian invader. Picture will meet .with good re- sults whenever its political senti- ments find established adhcvents. Otherwise it's almost nil for general appeal. Saga relates of times in the early 1200s when Russia was overrun by Tartars in the east and 'teutonic knights from (Germany on the west Patriotic feeling was at a low ebb aiid leaders lacking. RaUter than fight saboteurs counselled buying oft enemies with the country's wealth. Prince Alexander, wbcoe fl gii«M famt had spread throughout flie tend and even beyond, is summoned from peaceful occupations by popular ac- claim. He exhorts and arouses the peasantry to bear arms in detense of Russia. At .Lake Peipus, in 12^ Alexander's strategy defeats.^ su- perior (Serman force. It is an utter route with fleeing Teutons perish- ing t>eneath the icy waters of the lake. Eisenstein had a difficult research task here and has done an admiralde job. Technical details of ancient warfare; style of armor, weapons, costuming, equipment of an army of extras and hundreds of other details indicate the scope of his achieve- ment His Teutonic Knights are portrayed as ancient forerunners of our mod- ern Ku Klux Klaa They wear white matles with emblazoned crosses and hoods ' of mail, the leaders were mantles and fantastic, L-^baris head- gear designed to frighten the enemy out of its wits. Mosqnes and temples,' built of towering white stucco con- struction, however, appear incon- gruous ih. these setUnga, -consldering- that Novgorod, in the 13th century, is shown to be a mere coUutkm of crude wooden-log huts, bridges ^>d slieets. While there la • slight romantic tale running, paralleling major events, it is not seriously developed and serves merely to relieve the stem character of the warlike tale. First half of the picture is exposi- tory and deals with attempts of Alexander to arouse his followers to action. In the latter half of the picture great masses of troops' move onward toward the crucial battle. Armed with crude spears, hatchets, medieval shields and coats of mail, plen^ of splendid action shots are provided Vrhen opposing armies are locked in hand-to-band struggle. Dozens of closeups are devoted to leaders on iMth sides mi^ily hacking and hewing awav with- sword and axe on hapless foe. Scenes such as these are counted on to put the picture over. That they do not altogether succeed is due to the ancient character of the stoiy. Scenes o2- troor^ throwing themselves against a solid wall of .<:hields and qiears is impressive, but still fails to equal the imaginative and spec- tacular effect afforded by mooem warfare tactics and armament At times, Eisenstein's direction of batUe movements appears extremely stiMed and unreaL Groups of sol- diers stand about static, and uncer- tain as to where to go .or what to do with their weapons. Impressive cast is unknown in this country. Eisenstein has picked stal- wart six-footers and cast them in heroic molds the story provides. Of the numerous 'honored artists' in the film, Nikolai Cherkcssov, as Prince Alexander, fulfills the requirements of the part in every reqiect. He is kingly, commanding, human and gives a performance hot easily for- gotten. Other outstanding perfotTnances are turned in by N. P. Okhlokov and A. L, Abrlkossov as army command- ers; V. L. Ershov, as master of the Teutonic Knights, and D. N. Orlov, as an armorer, y. S. Ivasheva has the leading feminine roles, but is held down by the military wel^t of the story. Unalloyed propaganda spoils an otherwise stirring spectacle of melo- dramatic art. NKIWESION OOSIER SUIT STARTS Di ST. L Si Louis, March 28, With all legal obstacles brushed off the ouster suit against John P. Nick, Clyde A. Weston and George E Browne, recently instituted by 19 members of lATSE, Local No. 143, began Monday (27) before Circuit Judge Ernest F. Oakley. Louis Lan- dau, former owner of the Maryland, a South St Louis habe, was the first witness. Landau Was reluctant to answer any questions, and sought to ease out of them by stating, 'I don't went to incriminate myself.' Judge Oak- lay ruled that the witness must an- swer and under interrogation by Robert A. Roessel, counsel for th« plaintiffs. Landau admitted contrib- utlag to the $15,000 '^.efense' fund raised in 1936 by exhibitors during negotiations for a $10 a week wage increase for the projectionists. Under prodding by Roessel, Lan- dau admitted that he was a member of the exhibitors' negotiating com- mittee in 1036 and named as' con- ferees Fred Wehrenberg,- prez of the MPTOA of Eastern Missouri and Southern Illinois; Louis Ansell, Clarence Kaimann . and Thomas James. Landau admitted that Nick visited him at his former theatre fre- quently, but declared he couldnt re< member, the wage scale of the pro- jectionists during those years. When Roessel asked Landau if he hadn't declared,' in the attorney's office re- cently, that the wage scale for 1938 was substantially the same as in 1035, the witness declined to lanswer until ordered to do so by Judge Oakley, and be then said he didn't remem- ber. . Although Landau said Nick had visited him at his theatre many times he couldn't remember one the lATSB head made in 1930 on the day the wage negotiation matter was settled. Questioned about his ' cquaintance with Weston, Landau said Weston had worked for him as an operator in Granite City from 1010-1015. Kai- mann testified that he and Landau raid $10,000 to 'Mr. Brady,' Uter identified as Edward M. Brady, state representative from St Louis at a St Louis bavk during the 1830 wag« mulling. Kaimann contradicted Lan- dau, testlf}ing that there was no wage increase for the operators after the fund was paid. Weston -was the only defendant present in oatut Nick reported as being out of- town, because of ill healtb. .ServieO' wa» never obtained on Browne. Wednesday, March 29, 1939 VARIETY 17 GILDING THE That M-G-M Uon hot a positive genkis for deltvering big shovn for big holiday crowds — Thanksgiving it was "Out West With the Hardys" New Year's it was "Sweethearts" and now it's "Broadway Serenade"! . EASTER LILYI We're happy to give your patrons "BROADWAY SERENADE", as sweet a holiday gold- getter as ever packed in the lads and lassies with their new Easter bonnets! "BROADWAY SERENADE" has heart appeal, eye appeal and ear appeal— romance, spectacle and music to lift the spectator jfirom wintry doldrums to Springtime cheer! Hear! Hear! And speaking of M^Q'M's Springtime hits: "IT'S HEY MONEY, MONEY AND A HA^CHA^CHA!" We have seen the new DR. KILDARE picture ("Calling Dr. Kildare") and it's a thrilling ful- fillment of this series* promise! We have seen the new HARDY FAMILY picture ("The Hardys Ride High") and when you see it you*ll agree with us that it's their best yet! A riot of fun! We have seen "GOODBYE MR. CHIPS" from our production unit that made "Yank at Oxford" and "The Citadel", which won the N.Y. critics' Best Picture of The Year award! It is sensational! And there's Robert Taylor and Myma Loy in "Lucky Night"— Claudette Colbert and James Stewart in "It's A Wonderful World"— Johnny WeissmuUer in "Tarzan" and a flock more. LOTS OF TALK in the papers about 1939-40 and M-G-M has big things in store for that, BUT before Sept. 1st rolls around youVe going to enjoy a merry Springtime and a Summer of gala M-G-M shows! SUMMER, WINTER. SPRING AND FALL-AND SUMMER AGAIN-EVERY SEASON IS FRIENDLY TO YOUR BOXOFHCE WHEN YOU DEPEND ON THE FRIENDLY COMPANY! PICTURES Wednesday, Much 29, 1939 FmalChapter to N. D. Dnrorcement In D.C: Other Antt^ow Biz Bilk Washington, March 28. Paramount, and two associated chains scored over the North Dakota attorney .general Monday (27), when the U. S. Supreme Court not only dismissed the anteal involving the erased divorcement 3tatute, but re-^ versed the special district court which held the law constituUonaL Litigation was remanded with in- structions to wipe. it off the books, leaving the question of costs to .be settled. Although willing to drop the con- troversy, now that the matter has been made moot by repeal of the act, the state authorities begged the Su- ■preme Court to let the original ver- dict stand. Reversal would be cited by the producers and chains, brief said, as a ruling on the merits, and would be used to fight the Federal antirtrust suit. ' In a seven-line order, the tribunal disregarded the state's objections and -granted the motion by Paramount to leverse the decree below. The case was sent back to the special trial court with directions , to dismiss the «ntire. proceedings, without p:^e]udlce t«' an- application by either party for .ain award at costs in the first round. The ' final umpires assessed no costs gainst either for the appeal. semblyman Alex Nicol, a Sparta (Wis.) Pcogresslve. Violations would be punishable by fines up to $10,000, and up to one year imprisonment. This is the third bill introduced so far at this session of the state legis- lature here. . iUnn/s Mystery Bin Mtaineapolis, March 26. 'Se^Tlyed mystery , attaches' to the .q>onsorshi^ of a theatre divorcement bill 'belatedly introduced into the 'Minnesota state legislature. Presi- dent W. A- Steffes of Northwest Al- lied asserts he had nothing to do with ihe .measure's introduction and dedAres he doesn't know whether or not the OEganization would get be- hind it He says that, before com- , mitting to the body, he wishes to in- ' vestlgate 'the sincerity of the spon- sors' purpose.' Previously, ' SteSes, who was in Chicago when the present bill was introduced, had announced that Northwest Allied had abandoned ibr plans to push through such a law at this legi^tive session. The reason tor -tiie ctaai^-of plans, he explained, was the North Dakota law's repeal. It was poiiited out by SteSes that fully three years would elapse before a Minnesota divorcement law's pro- visions, reguiring the Paramount Northwest circuit to relinquish its 85 . theatres, could become effective. The delay would be . caused; he said, by the year's grace given' the circuit and lUie court fight which would 'un- doubtedly ensue. In the meanwhile, Steffes believes, the issue undoubt- edly will reach the U. S. Supreme Court sooner because divorcement Is one of the .Federal government's anti-tnist suites objectives. The bin Introduced into the Min- nesota state legislature secte to avert an attack on its constitutionality by providing that if any of its provisions ■aro' declared invalid the remainder of the act shall not be aSected. All theatre owners would be required to ffle an affidavit annually, swearing that no producer or distributor had any direct, or indirect, influence in the ownership or operation of their showhouses. Penalty for violation would be a $10,000 fine, or one-year imprisonment, or both. The law would be ellecUve a year after 'en- actment Also Giveaways Another bOl just introduced Into tiie legislature is designed to define cash gift nights as lotteries and make them illegal. SteSes declares its passage would force a large number of theatres out of business. -Many bouses, especially in the smaller communities, require the help of.casih glftrnights to Iceep them in existence and they could not operate in the 'black without them, he .avers. The state supreme court already has ruled that 'Bank Night,' properly conducted, does not violate the state .aati-lottei^ law. St. Paul now is the only town in the state prohibiting theatre cash - gUt nights and many exhibitors there wish there Was no such ban, accord- ing to Steffes. With only approximately /three weeks of the present legislative ses- sion remaining, neither the divorce- ment bill nor cash gift night meas- ure Is believed to have any chance for passage. PhOIy's Xax Bllh Philadelphia, March 28.. • Two tax bills were in the forefront of film interest this week in Harris- burg, where the state legislature is meeting. Of principal concern to indies Is the 4% amusement tax measure, which the last administra- tion allowed to die last year, and which many Republican legislators are now trying to revive as a source of new revenue. Tke tap, which raised $7,000,000 in tbe two years it was in force, is seen as a solution to the crisis in school in small districts. With a strong- lobby ..at work, film industry is at present in- clined to believe that the measure won't be revived. Other Important tax action affected the chains. It was an appeal filed by Attorney General Claude T. Beno with the Supreme Court, aaUne it to review the action «t lower couct In invalidating the chain store and the' atre tax. Argiimpnt will be beard in May. Taxes range- from $1 a year on a single theatre to $500 for each one in a chain of 500 units. Antl-SMoodliig Boo.m St Louis, March 28^ An anti-standing room bill directe'd at film houses .and other places of amusement in the state has been dumped into the legislature hopper at Jefferson City by Representntive' J. C. Woodsmall of Scotland County. The bill provides that every theatre having a 'width of 25 feet or more must be provided with a center aisle. The measure also stipulates thait no ducat shall be sold unless there is a seat immediately available. The pro- vision against selling standing room is under the .cloak of keeping the aisles and exits clear at all times. P. A, Crack Down Add: ' DIvoroement Madison, Wis.) March 28. Bill to bar distributors or produ- cers from owning or operating pic- ture theatres was proposed by As- (Tsnada's BUI Smgs Montreal, March 28. Bill to set up a national film board of eight persons whose job would be to coordinate motion picture activ- ities of the various government de- partments ran into a snag Tuesday (21) in the Canadian Senate when opposition leader Meighen voiced criticism that the board would merely increase the number of civil servants and add to the expense of the government He urged taking of pictures by commercial companies and thus encourage private business instead of adding to the burden of taxation by creating another commis- sion. What had at first promised to have an easy passage through the Senate resulted in a full-dress debate and was eventually -adjourned 'without decision. Bayid, McFaol h M, For Par Theatre Meets Harry David, operator of the Pub- llx-Salt Iiake houses for Paramount, and Vincent McFaul of the Shea- Publix .'group in Buffalo, reached New 'York during the past week to discuss theatre problems, plans and other matters with some Par office executives. Leonard Goldenson, h.o. theatre executive, returned late last week from Deteoit after conferring with the (Seorge W. Trendle people. Hollywood, March 28. Harry Sherman starts his 1939-40 program Monday (3) by rolling 'Lawful Outlaws,' first of a new Hopalong Cassidy series. 'Argentine' will be second of the series and The Double Dyed De- ceiver' third. CoI.'b New Eastern Shorts Max Cohn and Harry Foster have t-dken over eastern shorts production for Columbia Pictures, succeeding Ben Schwalb, resigned. Columbia is making two series of shorts in New York, 'News World of Sports' and 'Washington Parade.' Schwalb Intends to produce Inde- pendently In the east ((Continued from page. 5) period. If the actor is satisfied with his representation, the contract may be renewed for a period of three years. Current contracts will be modified to expire in five years from date the SAG announced its licens- ing pact making present tickets terminate in 1943. GolM to Haadto ««uwhs Favorable report has already been made on an amendment to the State Labor Code, whkSi when adopted by the State Assembly, wUl give -tije SAG authority to arbitrate diqmtes between agents and actors. Pact be- tween two Guilds win not be Inked until favorable actian has been taken on this measure and other Ieg«a de- tails of contract iiave been 'wwked out by attorbeys. Metro executives have turned thumbs down on demands «f the Metro-Goldwyn-BSayer Stodio Office Employees Guild for a U% wage tilt two weeks vacation with pay and ImpMved 'woridng cemtttlons. Committee wiU be named by Guild to sedc support ficom 4rthcr studio crafts in effort to force producer action. Society of Motion Picture Film Editors has refused to sign new pro- ducer agreement unless a 'flve'.day wedc protection, clause - is wdtten into contract Editors said all indi' cations point to early adoption of five-day week in the industry, and that members want assurance they will be permitted to partiotpate with out having to accept a w«ge.«ut Proposed agreement with the edi- tors calls for 54 hours, witt reserva- tion providing for seven-day wedt in an emergency. Effort lo Iron out situation will be made this we^ at a conference between producer labor contact and Society negotiating com- mittee. Editors have employed Leonard S. Janofsky, counsel for Screen Writers Guild, to represent them in negotiations with the pro- ducers. D. A. Bits lA Assessments Announcement that his office would do everything possible to stop further salary assessments by Inter- national Alliance of Theatrical Stage Employees was made by Dlst Atty, Huron Fltts. 'I must say that the assessment ismacks of methods employed by eastern racketeers,' said Fitts. "To my mind, it is a gross injustice on men .and women working for a liv- ing to be compelled to pay 2% of their salaries each month in addition to their regular dues for the privi- lege of working. This office 'wiU stop such practices if it lies within our power.' Fitts questioned Frank Sticking and John Gatelee, lATSE interna- tional representatives now in charge of Studio Technicians Local 37. He also talked with Jeff Kibre and' other leaders in fight to retain local autonomy for Studio Locals of the lA. National Labor Relations Board has called a conference of autonomy leaders, producers and lATSE tops for Thursday (30). William Wal^ senior counsel for NLRB, said every effort would be made to. work out some agreement, that would end various court tilts and restore harmony to the .ranks of the 12,000 workers who are members of the lATSE. Dr. Towne Nylander, recenUy sus- .pended as regional director of the National Labor Relations Board, has been restored to duty .and will pre- side at Thursday's conference. Sus- pension was lifted when James £. Brenner, law professor at Stanford, reported to the NLRB that Dr. Ny- lander should be restored to duty immediately. -Brenner conducted in- vestigation of matter at -request of the NLRB. NLRB director had been quoted as stating in a speech that an em- ployer 'hasn't got a chance' before the Labor Board. Brenner reported that Nylander in his speech 'did not intend to convey the impression that the procedure of the National Labor Relations Board does not provide a full and impartial hearing for em- ployers against whom formal com- plaints have been filed.' Joseph Stoefel, head of the con struction department at 20th-Fox, has been placed in charge of all stages on lot He will act as a con- tact between the art department and William Koenlg,. studio manager. He will be charged with duty of seeing that all sets .are ready for shooting when production calls are Issued. N. Y. Strike Call (Continued from page 2) jamming the exchanges Monday (27) pointec out, there is nothing to stop them from calling for film them- selves, if there's any to be had. Should there be no early settle- ment of the strike situation, exhibs will also pick up film from each other in an effort to keep going. Just [how long the supply will last how- ever, and how far runs may be stielched is a question of grave Inv- port Mean part about the situation is that, while the 306-IA move against distributors is aimed at between 75 and 100 theatres which do not em- ploy lA oi>erators or stagehands, all the theatres in the N.Y.-New Jersey zone of the N. Y. exchanges that do «midey lA men stand te suffer equal- ly as much as tbe others. There are around AM theatres in Ihe Greater New York area, but it isn't just this number of houses that ase affected, ne rtdiangiw In New York, in addi- tion to the Toetropolitan area, service an «f Long Island, Staten Island, New York state, vp to -wifiiln a lew miles of Albany and the upper half «f New Jersey. The Century circuit [late A. H- Schwartz] in Brooklyn and Long Is- land, numbering 30 theatres; the Co- calis chain of the same number in New York and New Jersey, plus scattered very small Individual in- iies, are the cause of the present 308UA. campaign. With the excep- tion of a few houses Cocalis Enter- prises operate in northern New Jer- sey, . aU employ operators who are members of the Empire State union. Local 306 has been trying to either unseat tills N. Y.-chartered union or effect a deal absorbing it Century and (Cocalis have contracts with the Enq)ire union which have seven years to go and -are not dis- posed to change, even after the xlras- tic measures that have been taken the distributors to force them into 306. Sam D. Cocalis, who said he was going away -last night (Tues.) for a rest in the south and wasn't worrying about anything, refused to say whether .distribs had sought to get him to oust Empire men in favor of 306 or whether he would consider any such appeal, it made. CHaimlng he pays Empire operators a^ much as 306 men in comparable booth jobs, Cocalis indicated that he has a con- tract with Empire that must be lived up to the same as any other contract One report in inside union circles was that liOcal 306 is not only basing its walkout in exchanges and home offices of distribs on the ground that union-handled film Is being shipped to non-IATSE theatres, but also be- cause of unkept promises by the dis- tribs concerning such .operators. It is claimed that last fall the distribs promised Increases to boothmen in exchanges and home offices but have been stalling on it since then. 306 Picketing the Home Offices and Branches Local 308's men not only started picketing exchanges Monday (27), which include screening rooms,' but also the few branch offices which do not have their own projection quar- ters,, such as 20th-Fox and Para mount. There is no explanation why operators are picketing where they never were employed, but this action indicates a move that was necessary in such branch offices in order to -get the exchange workers to walk out' Tliere had to be picket lines at such branches before the exchange em- ployees could go out Moreover, this means toward an end, in order to cripple operations on a widespread scale, suggests the. lengths to which the imion batUe may be carried if no compromise measures are in- stituted. In union circles the strike is being referred to as a 'slow-motion strike' and one which may be _like a slow fire, inferring that the picketing by ops and . the action of exchange and laboratory , workers, may be only the first step of the campaign. Local 52, Studio Mechanics; Local 54, Camera- men; Local No. 1, stagehands and others affiliated with the LATSE, have taken no ' action as yet The only studio of distributors in the east is the . Warner Brooklyn plant, but •testing is done at various places in New York by the major producers, including the. old studio quarters at 20th-Fox. These operations can also be tied up. Twentieth-Fox also pro- duces shorts in New York and RKO releases shorts product that Is turned out at the Eastern Service . studios, Astoria, L. I. So far as any scratching for film may be concerned in the event of a strike lasting longer than 10 days or two weeks. Monogram Is in a peculi- arly promising position because of its ability to continue operations in a normal way. Unable to get regu- lar film supply from the other com- panies, exhibitors may take every, thing Monogram has on its shelves in order to keep screens alive. The ultimatum to distributors to stop servicing film to non-IATSE theatres was received in the form of a telegram March 6. A week later the membership of 306 voted author- ization to oall a strike at any date deemed advisable by the executive board of the local Following in- ability to make any . headway with the distributors. Local 306 late Satur- day night (26) advised the distribs the operators would be called out Monday morning (27) unless there was a settiement. The meeting of sales managers, 'chain theatre execu. tives and attorneys of the major companies was hurriedly called for Sunday morning (26) at 10:30 and lasted until past supper time. lA's Coast Suit Hollywood, March 28. Superior Judge Emmet Wilson Monday (27) 'took under advisement the application -cif lATSE interna- tional reps to restrain the deposed Officers .of Technicians LiOcbI 37 from interfering with operations of the organization. A temporary restraining order against interference remains in force. Court raised « moot point whether the disputed section of the lATSE bylaws were not so drastic as to ' render it invalid. Examine Breiitaiio4Upp h Suit flarokl Uoyd Lowell Brentano and William Jordan Rapp, authors, were ex- amined before trial by counsel for Harold Lloyd last week in New York Interrogation was in connection 'with $75,000 plagiarism suit by Brentano and Rapp against Lloyd Productions over the picture, "Professor Beware.' The writers allege they submitted an original script to Lloyd, which was rejected. Lloyd's defense will be that basis for the picture was an original story written for him .by unnamed scenarists. Lloyd's New Co. Hollywood, March 28. Harold Lloyd has formed a new Harold Lloyd Productions, capital- ized at $25,000. with William K Frazer and Robert C. Gardner as as- sociate -directors. Articles of incor- poration were filed In Sacramento. 'Sto-waway' Salt The copyright infringement suit by Stephen Tamas against 20th Century- Fox, over 'Stowaway,' has resulted in a N..Y. supreme cpurt order that the refugee Hungarian author fur- nish a bill of particulars. Indicating wherein lie the similarities between his story and the Shirley Temple script Tamas had already twice be- fore lost .a* similar siiit in the Buda- pest courts, including an appeal, but he's taken it to a still higher Hun- garian court Meantime, he also started an action in the N. Y. federal district court Main allegation is that 20th-Fox's British representative had commis- sioned him to write the Temple original, which allegedly was incor- porated, but not compensated for, in 'Stowaway.' Application by Columbia Pictures Corp. to dismiss the. $250,000 action by (herald K. Rudulph for failure to state a cause of action was postponed until April 4 in N. Y. federal court Plaintiff seeks an injunction and damages, claiming Columbia's pic- ture, 'Exposed,' is a plagiarism of his play of the same name. ST(«Y BUYS HoUywood. March 28. CJolohy Pictures purchased 'Dead- man's Island,' by Anthony King. Neville Schute sold his novel, 'Or- deal,' to David O. Selznick. RKO bou^t Lester Koenlg's story, 'All Night Program.' - Republic acquired Louis Welt- zenkom's yam. "Wolf of New York,' based on the James HInes trial TITLE CHANGES Hollywood, March 28. •Island of Lost Men' is new titie for Paramount's 'North of Singa- ' pore.' Uni'verisal switched from 'Back- stage Phantom' to "The House of Fear.' Wednesday, Mareb 29, 1939 PICTURES VARIETY 19 Hi Peskay's Ma jestk Exdiaiige; llieatreaanges^DistribDoms Los Angeles. Hi Peskay and Sam K. Decker ac- auired control of the Majestic Distri- bution Corp. Peskay was formerly exchange manager for Grand T^a- tional. Gordon Hewitt reopened Fox Cali- fornia theatre, Glendale, damaged by Are three weeks ago. John Wentworth, West Coast ad art director at United Artists for thre years, resigned to devote full time to Cinema Center, has new or- ganization. Outfit spedalizes in com- mercial films for business uses. AoUi, MaUen Upped Pittsburgh, March 28. Nestor F. Autb,' for last year floor manager at Penn theatre here, upped to asBstant managership of Loew's Broad, Columbus, picked for job by district Chief Mike Cullen, former manager of Penn. Albert MuUen' promoted from ushers' staS to Auth's post. Joe Kaliski, G-B's last , exchange here, named head of Grand National office in Boston. More recently Ka- liski has beep handling West Vir- ginia distribution for 'Birth of a Baby.' Theatre building at 1910 Beaver avenue, on Northside, will be offered for sale by Allegheny cotmfy. sheriff on April 3 to satisfy a judgnvent of $20,15«. ' Listed owner is Albert J. Eber. Harris Amus. Ca - transferred Henry Miller, manager of Family, East Liberty district, to Strand, Youngs- town, O. Miller was recently upjped to Family manager^p from assist- ant's post Harry Segal comes in from Voungstown job to take over his successor's spot. Fenyveasy, Jr„ Indie Rochester, N. Y., March 28. Albert Fenyvessy, Jr., youngest of the brothers who recently sold four theatre to Schines, and Alexander Dunbar, former manager of the Mon- roe, have taken over the Arnett, 700- seat nabe, from Max Fogel. It is un- derstood that under the contract with' Schines, All>ert is the only one of the brothers permitted to operate com- peting housti. . Jacob Weisenbom, Saturday (25), reopened the renovated Sun, nabe, dark for 10 years. Ben Neivert former manager of West End, selling autos for Chev- rolet. ■f- E. E. Benham Ont Sacramento, Calif., March 28. E. E. Banham has retired as dis- trict manager of the National Thea- tre Co. in the Yuba City area, ac- cording to announcement by Dom P. Isabella, assistant general manager of the theatre company. Benham formerly was operator of Smith's theatre in Yuba City and became manager of the company's interests there when that theatre was acquired by National. Benham is succeeded as . manager of the State, Marysville, by Harty Brown, for the past two years man- ager of the Liberty, Marysville. Harry Hunsaker, publicity and ad- vertising manager of the State, takes over the management of the Liberty. David Peterson wiU take over the manager's post of the Smith's thea- tre in Yuba City, succeeding Edward Benham, Jr. Peterson has been man- ager of the Shasta theatre. Mount Shasta City. New ' S. C. Bouse Opens Spartanburg, S. C, March 28. New State theatre opened at An- derson, S. C. Dave Garvin moved from Spartan- burg to High Point, N. C, as Caro- Ima manager there. Was assistant manager at local Wilby-Kincey house. PhlUy Delngs Philadelphia, March 28. Warner Bros. Keystone closed for 20 days for complete remodeling. A new house is being erected in NorristoWn by Dave Milgram's Af- filiated Theatres Circuit Ira Turner, formerly with WB, named manager of the Tioga tlieatre. Warners Market Street theatre had Its clearance cut last week as a step in the general revision here. Will get product ^ven to 14 days ahead Onliwon Paper Towels ECONOMY WASHROOM SERVICE CLINTON HOTEL lOth Streat, Below Spruce PHILADELPHIA, PA. 8«Tea BtorlM. Elsvator Service neniir toralihcd and decorated. Bnn- BlBK nater In all noma. Boobu iritli tath. SjMcla] Thcatileal Bates b7 Jhw or Week, tnm per Dayj »«.0» per Week. of what it was getting previously. Al Garfield, Keith's, awarded $200 top prize by Warners last week in fourth annual business-building con- test for managers'. Stanley Benford, formerly of Boyd, was the leader in' the deluxer group; Marty Aninsman, Wynne, in the city zone, and L. M. Jones, Washington theam, Chester, in the out-of-town zones. District leaders were Harry Tarrante, Aldine; Al'Blumberg, Midway; Nathan Wat- kins, Avon; Sol Getzow, Ogontz; Abe Werner, Savoy; Ed Fmn^, Savoy, Wilmington; Herb lliatcber Hamil- ton, Lancaster, and Abe Binnard, Lyric, Camden.' Cm.'s Switches Hollywood, March 28. Wayne Ball has been moved by Columbia from Denver to manage the Los Angeles exchange in place of Harry Weinberg, Robert Bl, Salt Lake manager, is made supervisor of the Salt Lake area. W. G. Seib, Salt Lake salesman, is upped to manager there. V^iener to Dea Haines Omaha, March 28. I. M. Weiner, formerly branch manager of Columbiai has Joined Universal in the Des Moines office. The . Strand, Pierce, Neb., pur- chased by Mr. and Mrs. C. A. Crai£, Seymour, la., from Ortell Hamer. Craigs plan extensive remodeling of house. Suits V8. Films (Continued from page S) in a single basket The supplemental Actions would be related indirectly to the pending New York suit, al- though technically independent, pro- ceedings aimed at specific situations. StUl a chance the- initial steps will be taken soon. Senate normally is more sympathetic toward the trust* busters and can insert the item which was rejected by the House. Since the time is short, however, it is generally expected no attempt will be made to over-ride the lower chamber. PhiUy'i WB Peeve Philadelphia, March 28. Warner Bros, exchange here was cited last week to the Department of Justice by a group of exhibitors for alleged monopolistic practices. Let- ter of complaint was at the same time sent to William Mansell, manager of the exchange. Basis of the beef is WB refusal to allow exhibitors to take out the cost of premiums before figuring the per- centage of gross due the exchange. Exhibs declared that every other ex- change agrees to such a practice. They base their monopoly charge on wha t they maintain is the fact that 'WB houses using premiums are al- lowed this subtraction privilege. N. Y. Salt Federal Judge William Bondy in New York on Thursday (23) for- mally signed the order requiring the U. S. to furnish 'a bill of particulars within 60 days to United Artists Corp. In connection with the Gov- ernment's anti-trust suit against UA and the other majors. UA has 20 days to answer the bill, when filed. That portion of the request which asked that the part of the complaint .referring to UA as a producer be stricken from the complaint was de- nied. Examination of Edward C. Raftery and Harry Muller of United Artists was postponed on Monday (27) in N. Y. federal court until April 5. Paul Williams, special assistant at- torney general, who had expected to conduct the negotiations received a phone call from attorney Raftery requesting the postponement, as he was working on a new Selznick- International contract with UA and to leave Hollywood now would have been very difficult Sources close to the Department of Justice revealed yesterday (Tues- day) that Paul Williams, special as- sistant attorney-general, prosecuting the anti-trust action against the major companies, plans to file a bill of particulars on his arrival in New York from Washington on April 5, Newark Indie's Trust Suit Against Majors A triple damage anti-trust action for $150,000 was filed in the N. Y. federal court yesterday (Tuesday) against the Motion Picture Producers St Distributors of Ame.ica, Inc., Co- lumbia Pictures, Metro, MGM Dls- PAR BW CORP. LOST $235,307 NET IN '38 The Paramotmt Broadway Corp., controlling the Paramount building in New York, of which the Par, N. Y., is a part, for the year 1038 showed a net loss of $235,307, with the deficit at Dele. 31i "38, increased to $537,364, as compared with a deficit of $440,143 at the ehd of 1037. A deduction of $147,085 was made for 1038, including discount on bonds purchased, amounting to $171,731, and bond discount and ex- 'pense applicable to bonds purchased at $24,645. Paramount Pictures, of which Par- B'way is a subsidiary, paid rents in advance during '38 of $7,830, while others in the rent coluinn are listed at $165,179.. M&mm Net for '38. a Bit Uder Previous The 1938 profits of 20th-Fox were slightly under previous year, ac cording to the annutd report for the SS-week- period,, ended Dec. 31, 1938, Statement showed a net bf $7,252,466 after all income, surtax and foreign exchange- adjustments. This com- pares with total of $8,617,114 net for 1937. Company's share of National Theatres dividends for 1938 was only $882,000 as compared with $1,134,000 from this source in 1937. Drop in revenue last' year oc- curred princ^ally in final, quarter, when earnings were $2,030,374 as compared with $3,718,000 for the fourth quarter in 1937. The com- pany maintained and paid dividends on its preferred stock of $1.50 per share and $2 per share on common, with $4,809,218 having been paid out during the year. Outstanding capital as of Dec. 31, 1938, was 938,745 shares of preferred and 1,741,984 common. Earnings of National Theatres Corp. in 1938 were $2,617,663, compared with $2,988,228 in 1937, and earnings in the first year's operation of the Roxy theatre, N. Y., in the period of 51 weeks up to Aug. 25, 1938, showed a net op- erating profit after taxes of $110,- 095.62. Consolidated balance sheet As of Dec. 31, 1038, shows current assets of $31,275^08, including cash of $6,- 502,168 and current liabilities of $6,- 211,515. Principal investments in affiliated companies, as of that date, stand at $3,737,568.68 in United American Investing Corp. and the Metropolis & Bradford Trust Co., Ltd. (holding companies for the Gaumont-British investment); $8,- 859,886.76 representing 42% invest- ment in National Theatres Corp.; $893,636.66 in Roxy Theatre, Inc.; $372,000 in Hoyts Theatres, Ltd., and $608,619.90 in Movietone News, Inc. Trans-Lux's Beport Net profits of Trans-Lux Corp. in 1938 were about $200,000 less than in the preceding year, according to the report mailed stockholders last week. Company showed net of $133,717, or 18V&C per share, as against $349,382, or 48c per share reported in 1937. Only 10c was paid in dividends last year, as compared . with 30c in 1037. Trans-Lux statement blamed the small volume of business on the N. Y. Stock Exchange and Curb Exchange for the small profit shown by the Movie Ticker affiliate. tributing Corp., Ijoew's, Inc., Para- mount United Artists, Universal, Big-U Film Exchange, Inc., Warner Bros, and 'Vitagraph, Inc., RKO Radio Pictures, Inc., RKO Distrib- uting Corp. and 20th Century-Fox by the Lenrose Amui.. Corp., owners and operators of an Independent pic- ture theatre at 127-29 North Seventh street, Newark. Suit charges that the defendants,- through, unlawful restraint of trade, have discriminated against the plaintiff and other independents, re- sulting in price fixing and stifling of trade and the creation of a monop- oly. Specifically as to their own griev- ances they charge short forcing, block booking, blind buying, fixing of run and clearance, etc. It is lastiy aUeged that ths Hays office is dominated and controlled by the producers and that that office, fixes contracts and controls the Film Eoerds of Trade in key cities. Coast Exhibs See fanpending Price War Due to Theatre Mdnig Orgy Los Angeles, March 28. Unprecedented new film theatre building which has enveloped the Southern Calitomia territory,, par- ticularly in Los Angeles past few years, has industry observers pre- dicting an admission price war, such as prevailed locally in 1929-31, when prices were, forced down to . lowest levels in yestfs. Conservatively es-^ timated that close to 100,000 seats have been added in this area, in past three years, with nothing in sight to indicate a letup. Independents during past 10 or 12 months have added close to 30,000 seats to an already vastly over- seated territory, mostly 15c. and 20c. subsequent run houses. Fbx W-est Coast 'and WAmer circuits have re- mained aloof from expansion, but former is now faced with no alter- native but to go in with its partner, Dave Bershon, in ammediatie erec- tion of new 900-seater at Grenshaw and Santa Barbara blvs. New the- atre, it is contended, is -necessary to protect circuit interests in that area of Los Angeles. . During depression days average admission price to filmeries here- abouts was 15c. Fox West Coast led the upward movement with result that prevailing average price is around 34c. Most: of circuit houses are operated at 30c. to 40c. minimum admission, excepting first runs which have a standard 55c. gate. Charlotte^ N. C, March 28. Construction on a new house, to cost in the neighborhood of $100,000, will start at Wilson in a few weeks. Newest of the North Carolina Thea- tres, Inc., of Charlotte, will be the largest theatre in Wilson. George Washburn of Shelby will erect a $30,000 theatre building there; J. A. Reynolds, Carolina thea- tre, Shelby, -has signed a long-term rental lease. Salinas, Callt, 4th Boose Sacramento, March 28. Construction of a -new theatre, 620 seats, on' Main street Salinas, Cal., will be started immediately, it was announced after the awarding of the construction contract for the sum of $26,500. H. I. Tegtmier and Frank McAfee will operate the new house. The building, which will cost $75,- 000 when completed wiUi fixtures and equipment, . will be reinforced concrete on modern theatre architec- tectural lines. Will' be- the fourth in Salinas. A fifth is contemplated for a suburb. Fred Coleman's New One Atlanta, March 28. East Point Amusement Co., Fred C. Coleman, prez, lighted up Fulton the- atre, its No. 4 suburban house, Thurs- day (23). Bill Yarbrough is mgr. This is second new theatre opened by this outfit this month. Sylvan, with Ashftcid Yarbrou.^ as mgr., getting, going on March 14. Both houses cost around $30,009 apiece. Firm also- operates Fairfax and CoIle.i;e Park. Coleman is brother-ln-la.w of H. B. Wilby. Tom GormaiL Lsoks Set for RKO Bastos Spo^ Kcenier West Tom Gorman, with RKO in Ciii- cago and over the Palace there, is reported the most likely candidate to succeed Charles Koemer as dis- trict manager of the RKO New Eng- land theatres. Koerner has been shifted to the West Coast to assume charge of the division , formerly headed tor years by Cliff Work. The Gorman assignment may be set today (Wed.) or tomorrow. A successor to his post in Chicago is not mentioned. • Fctcinr Koemer Boston, March 29, Show biz friends . of Charles W. Koemer, division manager for BKO Theatres here, will throw a farewell party for him at the Cocoanut Grove Sunday (2). Koemer leaves later that week to take over the Coast di- vision of RKO theatres. 'DR, X' BACK Holl3rwood, March 28. 'Return of Dr. X* is in the final scripting stage and goes into the Bryan Foy unit at Waimers for pro- duction on the 1039-40 program. Boris Karloff gets tlte lead role, aa he did in 'Dr. X.' New York Theatres THERE'S A BET TER SHOW ^ THE THEnTRE5 "YOU CAN'T GET AWAY WITK MURDER" HUMPHREY BOGART A Warner Broe. Picture la PenoB JIMMY OORSEY and ORCH. QTRAMn BBOADWAT BiMdwarV 61rtBtn«t n "SERGEANT (MADDEN" "SOCIETY LAWYER" Vlrilnt* BroM • WtHer PMiM ^ VeaVil aaeietpjfcelal P USUI NONWIOinB^rnud Shaw's TGMALION I7th Bli W«tl .AeM-tWHh ST* (TO DAY OM IT "madTfor each other" Thanrdar 'HONOLSI.D' ENewr PmH ItaM. VtiMi ■mi ft AIM ToBf Oaleato| la run "3 SMART GJRLS GROW UP" UMITKO ABTIBTS Bnii 0>m A.M, RIVOLI jws: MIBNITE 8H0«r» PARAMOUNTe'""^ I eqvABK HEhV OVEB BOB BURNS la PemoB "I'M FROM Dorotliy lamonr MISSOURI" Hischa Aner with Chw. Barnet flLAOva ecoROK Aad Baad BADIO CITY MUSIC HALL THE STORY OF VERNON and IRENE CASTLE Spectacular Stage Productions Ttb Av. * Mtb BL ROXY AIX OCe TO SEATS' "Alexander Graham BeD'' — On the SUce— New SUee Show 20 VARIETY RADIO Wedneedaj, March 29, 1939 GOVERNMENTRESISTS'HIGH PRESSURETO LET TELEVISION GO ON SALES RAMPAGE Fears Exploitation Would Have Quick Letdown — Also Privately Concerned About Who Will Con- trol New Industry Washington, March 28. Continued delay in deciding on television standards is seen in failure of the FCC special committee to fix a date for a hearing on proposals of the Radio Manufacturers Association and petitions for licenses allowing inauguration of regular visual ser- vice. . Despite pressure from equip- ment makers and experimental op- erators, the FCC trio remains uncon- vinced that time has arrived when it is possible even to consider promul- gating quality requirements and, in effect, endorsing the system of pic- ture transmission which shall.be de- veloped for American dial-twisters. Too many uncertainties and unfin- ished projects. Within the past month several In- formal confabs between FCC spokes- meh and the HMA have suggested strongly that the United States will keep on treating television for an indefinite period as essentially a lab- oratory project which has not reached the point where the spec- trum can be 'frozen.' Federal offi- cials feel they are being high-pres- sured by individuals and organiza- tions who, having sunk substantial sums in experimentation, want to be- gin cashing in. Unwilling to put themselves iii the position of pulling anyone's chestnuts out of the fire. From many viewpoints, visual broadcasting still is in the same cate- gory as sound motion pictures were in 1S26. in the mind of FCCers. If standards are promulgated at this time, the Commish would be putting its stamp of approval on something which has not been carried to a. point where the public would be satisfied. After, the novelty wore off, the dial- ers might turn ttiurhbs down,' result- ing in a serious setback for televish and, in the end, hurting the Individ- uals now impatient to start routine service. This attitude was reflected in the decision to hold a hearing on a pair of recent applications— from Crosley and Don Lee — ^for permits to carry on additional experimentation from the viewpoint of program construe tion, rather . than the engineering angle. Any operation of this sort Is regarded as a- step closer to the com- mercial stage. And the goveniilient experts are keeping their-' Rogers crossed, yet wondering iPday has ar- rived when the public is willing to sink large sums in receivers. Fear Monopoly Though it isn't, mentioned openly, Commish people privately fear that adoption of standards at this phase of development might lead to a mo- nopoly which would bring dangerous repercussions in future years. Par- ticularly apprehensive that the RCA- Zworkln system would be en- trenched, at the expense of other theorists still seeking to get the bugs out of their processes and equipment On the other hand, if the standards were made 'sufficiently variable, the government might be giving hot- house treatment to something that in time will prove not to have been worth while. Reports of nfew tech- niques—particularly a 600-line sys- tiem that will afford still ntore clarity — ^re acting as a damper. The Commish is not convinced that it will be necessary to standardize on a scheme which requires frequen- cy bands 6,000 kc wide. Although it;has worked out and recently modi- fled an allocation formula .with rib- bons of these proportions for visual stations. Hopeful that further re- search may wind tip in perfection of a theory that will allow more, trans- mitters to occupy the spectriUn and reduce, the over-all investment' DispositlQil is to movie cautiously, lest cold water be doused on scien- tists who haven't found all the an- swers. $2,000,000 BAIRD STOCK ISSUE London, March 28. Baird Television Co., Ltd., direct- ors will ask stockhblders on Friday (31) to okay a $2,000,000 loan stock flotation. Stock certificates would be converted into new preferred stock any time up to 1944. . Proceeds of the loan would go toward financing manufacture of theatre and home receivers and further research and television de- velopment Mrs. Melrose Pronioted . Akron, O., March 28. Edythe Fern Melrose has been named general manager of WJW, Akroii. She joined the station last December as comoercial manager. After establishing ];ierself she brought in Gene La Valle, who was formerly with her at WCLE, Cleve- land, to take charge of programming and production. She has also devel- oped the station's' sports division and made an average of six appear- ances a week before service clubs and civic and educational groups. Massah Wooten . Memphis, March 28. Hoyt Wooten of WRKC is now a plantation .owner. Has taken an es- tatf of 30 acres out in the country. Is building house on the estate, Gary. Grant due back on Kellogg Circle April 2, replacing Basil Rath- bone as wielder of the gavel. NOW IN EDITORIAL AND ADVERTISING PREPARAHON SPITALNY OFF MAY 22 General Eleetrie Leaylag Radio — Spltalny Dickers with Cosmetle Phil Spltalny parts with General Electric May 22 after three consecu-, tive seasons with this account Lat- ter is giving up its Monday night spot on NBC. Spitelny has a bid from a cosmetic account which is slated to go on Columbia this fall. INSURANCE RAP AIMED AT WOW BEATEN Omaha, March 28. Klaver bill, which would have pre- vented Insurance companies from using policyholders' funds to set up or maintain broadcasting stations, was killed by the Banking, Insur- ance and Commerce Conunittee of Nebraska's unicameral legislature last week. Measure's author, Sam Claver, is said to have admitted that the bill was aimed solely at WOW, Omaha, which is owned and oper- ated by the Woodmen of the World Klaver himself was denied a li- cense for a station in Omaha last fall. Waste paper basket vote of the B I & C committee was unanimous. Among other stetlons opera ted b y insurance companies are WTIC, Hartford; WSM, NashviUe. and WJDX, Jackson, Miss. Noxzema, Firestone Air From Frisco Exposition San Francisco, March 28. Two national network commercials were aired from the tiolden Gate International Exposition. They 'were 'Professor Qiiiz' show for Noxzema on Saturday (25) and the Firestotae Tire program with Richard Crooks on Monday (27^). Two broadcasts of each program were scheduled, one for the east and a repeat for western release. Firestone sent Alfred Wallensteln, its regular conductor, out from New York to direct the orchestra for the broadcast while Ken Carpenter came up from NBCs Hollywood stu- dios to handle the announcing as- signment Crooks was in town for a concert date. AD LIB PLOTTING Ogden Nash en Mntaal Will Stump Anthers Ogden Nash will m.c. 'Author, Author,' a new sustainer series Fri- day nights over WOR-Mutual be- ginning April 7. Half -hour show will bring ■various' writers to the mike to give extemporaneous story beginnings to situations submitted by listeners; Prizes will be awarded for situations used on the show. First two guest writers will be' Ruth McKenny,: author of "My Sis- ter EUeen,' and Carl van Doren, au- thor of the recent biography of Ben- jamin Franklin. Ellery Queen, mys- tery story author, will also. li>e a permanent flgiife on the series. Authors will be paid. Mullins Trio Out Lyn Murray Town Hall Singers on the Fred Allen show will be cat to a foursome next month, reportedly be- cause of the AFRA Wage-hour code, but partly for summer economy. Group of seven composed- of the Four Clubmen and the Mullins Sis- ters, a trio. Latter wlU be dropped Clubmen will be known as the Town Hall Quartet BECONDinONED COWBOT Reglna. Sask,. March 28. Ralph Foster, 'The Singing Cow- boy,' is no more after April 4. 'Then he goes over CKCK for Slater's shoes, and they're too toney for the cowboy stuff. Hell be Mr. Foster and sing baUads to Mr. Ross McRae's fiddling. Depends on what, you selL Inside Stuff-Radio Right to performance clearance whicli 'WHN, New York, has obtained from the American Record Co. Is practically the same in legal context as the one which RCA Victor issued several months ago. All it is in either case Is a covenant not to sue in case the courts ride that the record manu- facturer has complete control over the commercial exploitetlon of his wares plus a proviso that the permission is revocable at the will of the phono- graph record company. Judge 'Vincent Ijeibell, of the N. Y. federal court, baa yet to hand down a decision in the litigation over this broadcast right between Victor and Paul Whiteman. When the case came to trial last fall WNEW, N, Y., named as the defendant in the original suit by Whiteman, declined to take any part in the proceedings. Victor, which had come into the action as an intervener, forced the issue to a showdown. Nationial Association of Performing Artists, of which Fred Waring is president Meyer Davis and Paul Whiteman, vice presidents; Frank Crumit siecretary, and Don Voorhees, secretory, suggested the bill which Senator Charles D. Perry, Manhatten Democrat, introduced It would make the unauthorized recording in New York Stete of any broadcast emanating from a station, the offer to sell, lease or license, or the possession of such waxing, grand larceny. Senator confirmed NAPA's influence in matter to a Vapiety reporter. Bill has passed state senate. Measure, adding a new section to the penal law, provides that the record- ing, ete,,' for the purpose 'of pecuniary gain,' shall be a felony, unless the 'consent in writing of the person or persons broadcasting the same' is ob- teined. Was referred to committee on codes. Print No. is 1763. Showdown on whether the Associated Press is to sell news to radio sta- tions as it does now to newspaper clients is expected at the annual meeting in New York City, April 24. Question has been up before. Associated Press officially sticks to the theory that it doesn't want to sell news service to radio. That's also the prevailing opinion of directors. But there have been signs of shifting attitude. The management according to info in the trade, looks on the sale of news service to radio from two angles: (1) as a means of .obtaining con- siderably more revenue, (2) as a medium for securing publicity for the' A..P.. ' Considerable publicity gained both by the United Press and INS through selling service to radio. BUI Schudt g.m. of WKRC, (Cincinnati, was in New York last week reviewing with CBS officials a competitive campaign he will launch to take advantage of the .changed stetus in Cincy due to 'WLW going back to 50,000 watts. Schudt sees 'WKRC for the first time in a position to do itself some good. Meanwhile 'WLW is throwing additional manpower and ideas into the fray and will redouble its own efforts to preserve the leadership which it has always enjoyed by the proverbial mile. Town will, have a second 50,000-watter soon in L. B. Wilson's WCKY. . L. B. has recently expressed con^dence that Uke other large markets, Clncy can easiy support two 50 kw. plants. Report around the ad agencies last week was that John U. Reber, J. Wal- ter Thompson's radio hiad, had been lined up by Columbia for the post of v.p. in charge of sales. CBS stetes there's nothing to it Trade itself regards such move as hardly probable since Reber has been' rated as a sort of crown prince to Stenley Riesor, Thompson-prez. It's been, rumored for son>e time that the official setup of the "Thompson agency is slated for a drastic reshuffling with Reber landing either in the top niche or one dose to it ' Edward B. Marks Music Corp., filed its Intentions in the N. Y. federal court on Thursday (23), of examining before trial on Tues. (26), Tom Revere, radio director of Benton & Bowles, Inc., W. R Lewis, program director of Columbia Broadcasting Corp., and Hans Bartsch, This is in connection with a suit for an injunction and an accounting of profits against Colgate-PalmoUve-Peet Co., Benton & Bowles, Inc., and CBS, charging the unauthorized playing of songs from 'The 'Waltz Dream,' operetta belonging to the plaintiff. NBC last week firmly denied the report that it was considering calling off the special discounts which are now granted customers on the blue (WJZ) link, It 'was stated that the subject hasn't even come up in any recent discussions on sales policy. The special group of discounts waa put into effect last summer as the inducement to the purchase of more extensive hookups, particularly certain supplementary groufts. 'Marilyn Hare, 15-year-old daughter of Ernie Hare, will continue In the letter's Eiwt opposite Frank Jones on their Sachs Furniture commercial on 'WMCA, N. Y., Sunday afternoons. Arrangement is indefinite. Daughter, a high school student^ jumped in several weeks ago when dad became ilL He died March 9. Ed East has devised a play-piano-by-ear course, which is being tried out on a Washington station. Involves a transcription program recorded by East Local fade-in for home-town commercial baits piano' prospects to .visit the music .store giving away the course.. Tubby' QuilUam, of KIRO, SeatUe, In hU bathrobe and pajamas, k.o.d an intruder in his home with one to the' button, but before he could call police-man made away in rainstorm vfiih QuIUlam in pursuit He lost him and returned, dripping wet to be bedded for five days by doctor. Bert Lebhar, now at WHN, New York, as sales chief, may revive the old amateur hour which was junked recently after running eight years. • Leonard C. Feather, English hot record fan, songwriter and transcription, exec for Radio Luxembourg of France, arrives in New 'V'ork April 8 for a Visit He's 23 .years old Ben Douglas, mayor of Charlotte, N. C, Is an announcer for WBT. He appears regularly on the. station's 'Welcome Neighbor* program, as emcec^ and on othei: special events. 'FU MANCHU' ON WOR Deal Set With. Hnmbert tt Jones tor Celery Tonic 'Fu Manchu,'. radio transcript se- rial program will be broadcast three times a week starting May 1 over WOR. Contracts wlU be signed thi^ week between Radio Attractipns, Inc., and the American Beverage Co. (Dr. Brown's Celery Tonic), serviced by' the Humljert & Jones Agency of N. Y. Fu Manchu is aired over 11 other stations around the country. The • Des Moines Register-Tribune has bought the program as a prO" motion stunt Stations in Des Moines, Sioux City and Cedar Rap- ids, la.,, and Yankton, S. D, will be utilized by the publishers. PliflaiMorrisr2dritle Change as Unfair' Is Finng by Indie Fffm Faced with threat of suit of un- fair competition, Milton Blow has again changed the title of Philip Morris cigar6t's substitute quizzer on WOR-Mutual Friday nights. From "Where Am I?', the title be- came "Where Are We?' The latest tag Is 'Guess Where?' The Protestant against the 'Where Am I? and 'Where Are We?' varia- tions was the Viking Radio Corp., which owns a copyrighted quiz stanza labelled "Where Are You— Name the Place' which has been on NBC isometime. ' Wednesday, March 29, 1939 RADIO VARIETY ADMEN MUST BE GENTEEL Take a H»tiis' Bn^et Met Cuts Out Krers danders ia Serk^ There has been a rise In the casualty rate of characters on the radio dramatic serials since applica- tion of the AFRA commercial code. In order to keep within budgets, scripters have been writing-in a wave of auto accidents, surgical operations, vacation trips and the like to eliminate parts and - lower talent costs. Girl on the "Life Can Be Beautiful' series underwent an operation, thus eliminating her for several weeks. Auto smash-up disposed of three characters on the *Doc Barclay's Daughters' show. Other shows have sent, characters off to school, aw^ on business or found other ways of cutting down casts. But In the case of the 'Pretty Kitty Kelly' stanza, fate (in the guise of the code) wrecked a musical comedy career that was being readied for the heroine. Sponsor had decided to switch the show to a semi-musical setup and was goinft to have 'Kitty' crash the Broadway stage. Had actu- ally auditioned singers and made arrangements for an orchestra, but when the code up'ped talent costs •Kitty' gave up her theatrical yen. Bert LyteD Decines To Pass Up Pay Boost; Paid Own ILR. Fares Chicago, March 28. Bert LyteU has withdrawn from the Tums program. Actor declined to continue for the Kastor agency when the latter demanded he forget about a salary boost option pro- vided in contract Actor had been coming, to Chicago from New York for past several weeks at his own expense. A promise by Robert Jennings, Kastor radio exec, that this would be adjusted, was reported Ignored by the agency. Program was originally produced In N. Y. by Transamerica, with Lytell under contract to the latter. It originally had a tie-up with Lib- erty magazine. Jennings took the program away frorR Transamerica and instituted the Chicago origination. LyteU was urged to go along, despite the in- convenience of the weelcly trip to Chicago. Tums will pick up a second spe- cial version of its 'Vocal Varieties' from WLW, Cincy, as a flli-in for the balance of its time commit- ments. CBS WEL AIH) NEW STUDIOS ON COAST Hollywood, March 2S. WUlam S. Paley, CBS prez, came up from his Arizona retreat over the past weekend to discuss with Donald W. Thornburgh, Coast head of the . chain, additions to Columbia Square. Likely that two of three studios will be added to the. present layout, wliich has. only one large audience auditorium. Facilities for television will be incorporated in the ex- panded facilities. Network headquarters have be- come so crowded that it is necessary to. farm out shuws to three remote spots. Music Box, Vine Street and El ■ Capitan theatre. OFFER WYTHE WILLIAMS Hitler's -Next -Move Cuesser Sub- mitted for Radio Wythe Williams, retired foreign correspondent, now editing and pub- listUng Greenwich Time, a Connecti- cut weekly, is being ofEered around for a radio spot. Williams has gained rational news.- ; paper attention for the past year by ' his close forecasting of various Hitler coups and etUcts Try Another Town Mutual program Sunday (q>ened with sound effects to this e£fect: 'In San Francisco, it's ' 'In Paris, It's ' In New York it's the Benay Venuta program.' Then there was a pause, and the anaoimcer continued: Unfor- tunBtdy,.Miss Venuta Is not with us tcmight' RCA EXODUS EMBARRAm IDNBC Higher-ups at NBC are trying to dissuade their own sister affiliated companies as contained in RCA from folding the- Sunday Magic Key hour next month (April). The NBCites ai-gue that they can't logically press accounts to remain on the air during the summer when the network's owners themselves are taking a run-, out. The Magic Key has been on con- sistently since 1935. The season be- fore last production on the program ws:: transferred from Lord & Thomas, agency on the RCA account, to NBC. W. H. COMSTOCK SUES PEARCE FOR 118,000 William H. Comstock, who used to do the "Tizzy Lish' comedy char- acterization on the Al Pearce show, last week sued for $18,000 against Pearce in the N. Y. supreme court. Because of a non-residence angle, Comstock named Ruth Rubin his assignee in the action. Comstock claims breach' of a 30- week contract made when the Pearce aggrgation went on Grape Nuts' pay- roll. Comstock claims thai the agree- ment was breached when Pearce dropped him from the show March 14 last Pearce contends that the contract between them provided for such cancellation. Comstock was with Pearce when he worked under the Ford Motors banner. Pearce will do his April 3 broad- cast from St. Louis and settle down on the Coast the following week. RubinoflTs Omaha Date With Fray and Bn^tgiotti Omaha, March 28. • Dave Rubinoff and a two-piano team. Fray and Braggiotti, will be 6n show for 45th anniversary of Ak- Sar-Ben, local civic group, here May 3. Only members of .organiza- tion will be able to secure tickets. ' Attraction will climax annual membership drive for group. Soplne Tucker's Vacation American Tobacco Co. will likely retire Sophie Tucker from its pay- roll May 7 and brint^ her back in the' fall. She will have completed 26 weeks on CBS plugging Roi Tan cigars. Spot announcements will be used in the interim. SOUNDS SOCET Hollywood, March 28. Comedy with the tag of 'A Mugg, A Moll and a Mountaineer* will be enacted respectively by George Raft, BilUe Burke and Bob Burns on Screen Guild-Gulf show April 2. Busby Berkeley directs. RIIPPED UriB Code Due for Adoption at Trade Assodation's At- lantic City Cenv^on WiU Face Fact That Verbose, UngTAcions Copy Hurts Radio Industry OTHER RULES DUE Washington, March 28. Quality not quantity viewpoint will be written into, the set of op- erating standards which the National Assodartion of Broadcasters is fram- ing for adoption by its memljership at the summer convention. Verljose sponsor copy will be verboten on transmitters of NAB members. Framing of the code which will curtail wordy plugs will be at- tempted in co-operation with radio's most vociferous self-appoint- ed critics, and with a determina- tion to needle advertisers into lift- ing the tone of ttitit customer ap- peals. Aftermath of the code com- mittee session in New York last week was a prediction by Neville Miller, president of the trade group, Monday (27), that the statement of program policy 'will put a greater premium on more skilled advertis- ing writing, with briefer, more in- teresting, and more pertinent mes- sages aliout needed products and services.' 'While he praised advertising and credited sponsor system with main- taining a 'free radio' in the United States, Miller declared bluntly that the NAB intends to apply the shears. Softened his ultimatum by referring to those practices of pro- gressive advertisers which are al- ready proving their . effectiveness in adiieving greater results and a higher degree of program popular- ity.' Women's Clnbs With general outlines set, the NAB staff will do the editorial work after conferehces with all groups concerned about advertising enter- tainment, and public service stand- ards. Educators, the women's groups, which have been yowling about scarey children's shows, labor chief- tains, religious spokesmen, adver- tisers, agency representatives, and political critics will be afforded a chance to present suggestions and aid in attempting to silence com- plaints. Present idea is to draft not only a set of basic principles — such as NAB, the networks, and leading in- dependent stations already have on paper— but an operating manual which will interpret the general declaration in terms of specific cases. Trade committee feels, a definite yardstick is imperative^ 'if the thou- shalt-not's are to t>e effective In ton- ing up radio output Then, if either listeners or advertisers squawk, sta- tion proprietors can get out the guide-book and cite chapter and verse. Although the standards will be the industry's own, the trend' is in the direction suggested by FCC groups in recent months.' Commit- teemen felt it desirable to promul- gate some rules for handling con- troversial public questions and as- suring neutrality in politics, for in- suring reUgious freedom, and for curtailing accounts which may have objectionable copy. WiUiout going as far as the majority report of the FCC coihmittee on program com- plaint procedure which recently set out more than a dozen items which should be taken into consideration in determining when licensees trans- gress or slight their public interest obligations. Squawk Dept Besides putting the principles and interpretations on paper, the NAB is inclined to create an industry ar- biter of trade practices and program standards. Nameless as yet, he would head .a special department that might receive listener com- Elliott Roosevelt Sells Axton-Rsher, But Sponsor Wants Him to Sfiel -f 'Noel Coward of Sliifms* Broadway wag .jguesting last week at a . benefit party men- tioned a radio columnist Aoted for' his. pseudo-Intellectual flap- doodle. Wben a stooge re- marked he'd never heard of the scribe, the comic quipped: 'Why he's the Noel Coward <^ the slums.' RODY VALLEE MYDOIM mm J. Waller Thompson. Is . reported maneuvering to use Rudy Vallee on both Standard Brands hour' shows this summer, with yaUee's salary going from $i2,500 to $4,500 a week. Arrangement, if It. goes throu^ would have him doubling from the Thursday Royal Gelatin and Fleisch- mann yeast stanza to the 'Chase St Sanborn coffee session while Edgar Bergen and Don Ameche go oti a vacation. Charlie McCarthy's mouthpiece has expressed a wish to go off this summer, at least for the month's of July and August He wants to char- ter a boat and knock around the South Sea Islands. Vallee not so long ago was ap- proached by Lord & Thomas with a reminder that It would like to put in a bid for his services in the event he were leaving Standaird Brands. KLZ, HrE, THE PEOPLE' BOTH GET TffTON COX Denver, March 28. KLZ, Denver, accounted for the first radio recital from Tipton Cox, 17-year-old Powell, Wyo., schoolboy, who fired the shot that finished the career of Earl Durand, Wyoming's Tarzan of the Tetons.' Cox was kept in hiding by KLZ newsmen un til a plane could be chartered to fly him to Denver. The Interview with Cox was also aired over KLZ's af- filiated outlet KVOR, Colorado Springs. Cox was later tied up by Young & Rubicam for a broadcast from New York over the 'We the People' program (CBS) tomorrow night (Tuesday). Lum-Abner Beticketed Lum and Abner have been re- newed for a second year, effective Monday (27) by the Sanka coffee di- vision of General Foods. Young & Rubicam Is the agency. plaints, investigate phoney adver- tising, chide the slouches, and ap- pease the viewers with alarm. Un- likely this individual could hand out penalties or would have power com- mensurate with Joseph F. Brecn, chief of the production code author- ity of the film industry. But he could be the official tut-tuter. Code proposals will be ready for the 1939 convention. Staff editors are to whip the ideas into shape, send the draft to members of the committee for scrutiny, make a field revision and circulate it among the entire NAB roster before the Atlan- tic City sessions open. Present thought is to allow some time for the station managers to educate them- selves and make adjustments in re- lations with advertisers so that the code — if acceptable to the member- ship — probably would not go into effect until fall, most likely when the dayllght-savlng-time switch oc- curs. Elliott Roosevelt is' getting a con- tract from Axton-Fisher Tobacco for his 23 stations in the Texas State Network. Only thing holdbig up the closing of the deal yesterday (Tues- day) was an assurance that Roose- velt himself will dish out the plug for Twenty Grand .cigarets. Young Roosevelt went direct to the account of which McCUuin-Erick- son is the agency. He had. a letter of introduction to tiie chairman of the Axton-Flsher boards ' Ery Kehiya, who Is himself a staunch New Dealer, Report of Roosevelt's maneuver put the agency in quite a dither last week. It found tile details envelopeid In a cloud of mystery. RvoMvelfs Kew Aides Fort Worth. March 28. New faces at l^exas State Network offices under Elliott Roosevelt In- clude the following: Stephen R. Wllhelm gets tag as vlce-piresldent and assistant to the President He was an ad agency man at San Antonio before coming to TSN. Gerald Stanley, formerly of St Louis, Is new general manager. Harry A. Hutdilnson, formerly with KFJZ is assistant general manager. Benton Fergtison, Is vice-president' In charge of merchandising, promo- tion and publicity. Was with Fort Worth Press before TSN. Jack Mitchell, formerly with WRR, Dallas, Is production manager and new program director Is Robert Brooks. Bob Hope Sub WiU Be Heavy; Burgess lllef eM Or Franchot Tone Mulled Pepsodent's present variety setup with Bob Hope will be replaced by a dramatic serial when the comic, takes his 13-week vacation from the NBC (red) link, starting June 20. Lord & Gliomas, agency on the.ac^. count, is recording samples of two scripts for submission to the client One of these shows Is titled 'Prose- cuting Attornejr* with Burgess Mere- dith heading the cast and the A & S Lyons office as the agent. Other show, authored by Elaine Stem Car- rington, deals with the experiences of a young doctor and has Franchot Tone in the central role. NBC con- trols the latter script but the com- bination Is -being agented by the William Morris office. TRANMELL ON NBC BOARD OF MRECrORS Niies Trammel!, NBC exective v.p., has been elected to the com- pany's board of directors. Appoint- ment took place at the board's monthly meeting last Friday (24). Tramraell stepped Into the post of executive v.p. In January, coming from Chicago where he had been In cbcrge of the NBC midwest division since 1927. 10-YEAfl MASK OFF Mllwaokee VUllty Spieler Made Known to Fobllc Milwaukee, March 28. Electric Co., local utility, cele- brated the 500th performance of the 'Kilowatt Pour' on WTMJ with a special dedicatory program Sunday, April 19. Cast of 36 was used for the occasion with William J. Bennlng directing the concert orchestra and Carla Pestalozzi, soprano, and Greg- ory Stevens, pianist, featured. Identity of 'Wattson Volts,' the commercial's own announcer on the 10-year-old program, was disclosed for the first time to the listeners as Al Engelhard. Fred E. Eriksen, the Electric Co.'s advertising manager, who has supervised the stanza throughout this period, delivered a greeting. 22 VARIETY RADIO REVIEWS Wednesdaj, March 29, 1939 •NAME THE PLACE* With Ben Grauer U Mlns. SnstatDtor Sunday, 3:30 'p.m. WEAF-NBC, New Tork This one started Feb. 12 and has a peeve on against 'Guess Where? , which is sponsored by Philip Morris (see adjacent column) as a carbon copy. Seems to be a case of the. old vaudeville copy-act It didn't do vaudeville any good and it won t help radio. Unfortunately, proper ari- bitration does not exist in such mat- ters. Which leaves behind a bitter ash of mutual discord. "Ben Graiier "IS perhaps a tnfle over-enthusiastic in hailing the cor- rect answers. He tosses out hints of some locale (sound effects also used) and then the contestant guesses. Land. DICK POWCLL With Martha Baye, Parkyakarkas, Lnd Glaskln, W. C. Fields, Tiny BnSner M Mins. UFEBOOT Tnesday, 8:30 p. m. WABC-CBS, New York (Rttthrouff & Kyan) Dick Powell's substitution for Al Jolsbn made little difference on the Lifebuoy half-hour. Which is an oblique way of saying the show is not going along at its present pace and in its present form with any- thing comparable to real clickeroo. Show's entertainment .elements and results are short-circuited some- where between conception on paper and execution, before the mike. It isn't that the show is 'bad.' But It falls to match other shows of comparable payroll and pretentions. It may suffice; it can't enthuse. Take the corny ' introductions: Martha Raye's voice break-in on the dialog. ' She talks and then, as if utterv stirprised, somebody under- scores (in a shout) 'Martha Raye!' Of course that's to make sure every- body knows who's talking, admitted- ly a needful identification over the air at all times. But the device of pausing for the chord in G, the ap- plause, the stale hellos, the synthetic entrance, puts the Lifebuoy program on a low professional pitch. This is the sort of 'theatrical criticism' which radio frequently answers by iaying, 'Well, look at our rating,' or, 'Well, we want the D and E homes, anyhow.' Or even — unanswerable — •so what?' Practically all of Dick Powell's first script was devoted to a discus- sion of what Dick Powell should do now that he was master of - cere- monies on the program. Miss Raye had suggestions, Parkykarkas had ■uggestlons. Tiny Rufihier had sug- gestions. The best suggestion was that Powell should sing. It was all myth about his being master of ceremonies. Tiny RuCner has the star dressing room in that depart- ment Script trouble besets- the program thrbugnout Parkyakarkas is a com- edy threat rather than a comedian. He has few gags and no characteri- zation. Martha Raye has less of both than Parky. W. C. Fields helped a lot, because, unlike most funnyman, he can say practically nothing and make It stand up as humor. Perhaps from one point of calculation, a few minutes of W. C. Is a squarer. Egjnce the starting pre- mise Is that the show it's 'bad.' it must be recorded that It's just sloppy at the seams and frayed at the bot- tom holes. X^and. •GUESS TPHEBEr With Jane Walker. Bndd Hallck, Charles Cantor, Cliarles O'Connor 3« Mlns. PHILIP MOBBIS Friday, 8 p.n. WOB-MBS, New York (Biotv) This is the program that is in dis- puvC with an indie program strvice, Viking Radio Corp, Latter h,s been raising a howl that Its progi-am on NBC. "Name the Place,' is a forei-un- ner of the present Philip Morris pro- gram. Meanwhile the Blow agency has changed the name of this pro- gram a couple of times. It was finally piit oii the'air liast wesk as 'Where Are We?', which is dose to 'Where Are you?', the original title of Vik- ing's program. Since last weeks debut, Biow pulled a twist and the program is- now tagged 'Guess Where?' In the case Of the NBC program (see adjacent column), Ben Grauer bescribes places and, on a basis of hints given, contestants from the au- oicnce are asked to guess the im- aginai-y location. In this case ' the description is conveyed in the form of dramatizations. There can be no question that the programs are simi- lar in basis, despite the slight varia- lions in execution. As i.n entertainment, 'Guess Where? is okay. June Walker was a last-min- ule subsUttiliun for Nydia Westman, who departed for Hollywood. Miss Walker, , a gal with lots of legit ex- periences, has versatility for. carry- ing out the various demands made On her. Her voice Is distinctive and unlike any other commonly heard on the air. She gives the program lift Charles Cantor, the character kid, lends the radio touch: The dues are neatly, sharply and professionally in- terpreted. The script of Max Marcin; Broadway playwright, is very imporr tant Jack Johnson diriects for Blow. Budd Hulick' hasn't very much to do, but does if nicely. Charles O'Con- nor is the one who says 'no other cigarettes can make that claim.' ZiOnd. 've-like popularity. ProfTam retains its essential vital- ity' of hard-working, hard-blowing hot jazz. John. Steel, speaking from London. i»ave a • clear newsy summation of European events over Mutual last •Thursday (23). It was .so good that it emphasized that Mutual misses a swell prestige bet in economizing on its London plck-uos. A quarter hour every second week Is not enough to build an audience for Steel, or to obtain the advantages Inherent in his well-informed analyses. He's spent 30 years In Europe and when he speaks It's plenty authoritative. « Reception was not good, but lie could be heard above the cosmic vacuum cleaner noises, NBC's' Town Hall program Thurs- days continues to provide a lot . of excitement to listeners. Program now opens with an audience rendi- tion of the national anthem. This was particularly appropriate to last week's symposium on pressure groups with alien ties, and v.'^at to do about them. A professor, Harold Lasswell. and a SEC commissioner, Jerome Frank, were the flanks for a' Republican congressman, who dragged in by the scruff of the neck an attack on the President and the administration that had the crowd shouting "No, No, No' (because it was not germane to the theme), and the moderator pounding the gavel. The symposium was, in the process of bemg dramatic, a good, example of the best and the worst in democ- racy. .Towh Hall remains radio's one outstanding contribution to counter-attack propaganda, which, as Lasswell' emphasizcdi is notably laggard In this country. Latter, In- cidentally, has a splendid radio voice with syllable-pcrKct diction. Perhaps tops in something was the congressman s response to a ques- tion concern.Ing the previous ante- cedenta of a Dies committee investi- gator. 'It takes a thief to catch a thief, you know,' he blurted, and then added— lamely — 'so t > speak.' It was a breath-taker. It was almost possible to hear George V. Denny gulp hard. It was a difficult night for him. Grace Moore delivered handsome- ly for Ethyl (CBS), on last Thurs- day night's Installment She was not only In fine singing voice, but she did an ingratiating job at ex- changing cross-fire with Walter O'Keefe. Miss Moore did at one point get mixed up In her line read- ing, but the after effect was much funnier than It would have been if the quip had been i :ad as assigned. The soprano'^ vocal repertoire con- sisted of the' soothing 'Depuls le Jour* from 'Louise,* the lively 'Funiculi Funlcula' and the lyrical '111 Follow my Heart' from Noel Coward's 'Con- versation Piece.* O'Keefe piped through a consis- tently diverting script It's unfor- tunate that this show Is spotted oppo- site Kraft Music Hall, which holds No. 3 rating In the CAB reports. O'Keefe is dishing out a standard of comedy that is deserv' g ot a much bigger audience than probably has been his as a result ot this situation. •The Sonnd Track' (WNEW, 7:30 p.m., Thurs.) David Lowe's sustain- ing film' gossip session devoted en- tire 15 . minute., to guest-starring Maria Ouspenskaya. Lowe has smooth, ingratiating delivery which serves to put guest speakers at their ease. He paved the way nicely for Russian actress to speak of her career on stage, and In films and ot her dramatic school. A fair dinner-hour filler. Marilyn Hare, 15-year-old daugh- ter of the late Ernie Hare, sings pret- tily if somewhat Immaturely on the Sachs program over WMCA, N. Y. Her pi-esence' on the program- has sentimental value as a continuance of the long-tim^ partnership of Jones and Hare. She speaks ot Billy Jones as 'uncle' and ditto for Jim Brennan. Program ' is good hokey - pokey small-time vaude that translates into probable appeal for the middle class audiences to whom Sachs sells its wares. Compounded ot punning, harmony and good-natured kibitzing, the program fills a half -hour Sunday afternoon in a disarming manner. Jack Bobbins, the music pub, was the subiect of the WLW-Mutual •Lucky Break' show Sunday night under Josef Chemlavsky's baton. The publisher's recent 25th anniver- sary celebration — with the an- nouncer mentioning the Variett salute a fortnight ago — touched off the review ot Bobbins' tin pan alley career. It emphasized his Metro fllmuslcal affiliations as the keynote 'break' in his success career. Bert LytcU was heard from Chi- cago Triday (24) on his quarter-hour stint for that tummy tonic, Tums. Given a script that is all sermon and no action, and with only routine sup- port, the veteran screen-legit player held attention on performance and voice alone. Some ' of the earlier scripts in this series were rather bright and crisp, but this meander- ing' tale of a man that could' have been a millionaire, but tended gate on a railroad instead, was so-what- Ish. . (Editor's note: Lytell has since l«/t the proflrom.)- Phll Spltalny set a brilliant tempo and example for the Monday night (27) musical span on the NBC red. Eddie Duchin-Morton Downey and then Marek Weber follow in a 9-11 filler. General Electrlc'a all-glrlers par- ticularly achieved fine tonal ef- fects with their choir work on an ar- rangement ot 'Ava Maria.* Dorothy Thompson's pungent, punchy seven minutes midway was an absorbing session. Incidentally, Miss Thomp- son's vole; now' comes over the air much better than a year or so back, when she first began regular broad- casting. Sharp contrasts In the Pall Mall session between Downey's falsetto and the torrid swlngology ot Duchin but withal pleasant listening. Weber, from Chica.'o for Carnation Milk, deviates hardly a hair's-breadth from the standard formula ot the pro- gram. It's nice, lush "familiar mu- sic.' Madeleine Carroll guested on the Chase & Sanborn program last Sun- day night (26), teaming with Don Ameche In a romantic sketch by Diana Carlson. It was unusual for a show ot the kind, since the piece had a realistic wind-up Instead of the usual happy-ending pap. Also It employed an artificial writing technique that was effective ana unique tor radio. Yarn took a man and a girl,, for- mer sweethearts, who meet by chance and taxi together to work. Opened with their polite, making- conversation kind of palaver, then '^ent into their unspoken thought* and memories stirred' by the meet- ings, finally Using flashback drama- tizations ot standout Incidenta ot their blLffhted romance. - Wound up with their mutual (though unspoken to. each other) admission thgt they are still In love despite his marriage to another girl, and their every-day courteous goodbyes. Although the writihe could have been compressed a bit, it was an attention-getting and absorbing Job ot the kind. Miss Car- roll gave It just the right shading ot gent\e emotional appeal, while Ameche was suited to the lighter moments and managed to negotiate the more Intensive bits without se- rious lapses. James Saphler headed east from the Coast to look over , summer shows for Music Corp. ot America. Wednesdaft March 29, 1939 RADIO VARIETY 23 CoHtrol of FCC News Releases IVoYokes Another Internal Gash Washington, March 28, New information set-up was voted by the FCC last.wedc following con, sideration of .final report of Marion L. Ramsay, public relations expert borrowed from the Rural Electrlflca' tlon Administration when the old press section was abolished in' the sensational purge. With Ramsay returning to his former post at the end of this month thd CMnmish wrangled heatedly Thursday (23) over the methods of dishing up facts alMut official activi- ties and finally removed the public- ity medium from domination of the Commish chairman. Previously the ptess room was an oS-shoot of the secretary's office, but in the past five months it has been an adjunct of the chairman's office. New arrange- ment makes it 'responsible directly to the Comioission.' The argument over the report iU' eluded .criticism of Ramsay's activi- ties and refiected the internal politi' Cal feuding which has characterized Commish affairs tor many months. . ,With a ^tch of names under con' slderatlon, ' the .Commish authorized the chairman to seek to exempt from civil service the jobs of dlrec tor and assistant director of informa tlon. Former will have added duties as special assistant, to liie chairman. ON THE TALLYHO Olsen and Johnson, Bea LUlIe, Clare Boothe on WOR Bide Olsen and Johnson, of Hellz-a- Poppin,' at the Winter Garden, N. Y,^ will be among the theatrical names to broadcast from WOR's tallyho stagecoach covering the Easter Parade on Fifth avenue. New York, April 9. Others who have been asked to be present include Beatrice Llllie, Vyvyan Donner, Jean Muir, DoroUiy Parker and Clare Boothe. In addition to the broadcast from New York, there will also be 30 minutes of description of the crowds on the boardwalk at Atlantic City. Dave Driscoll will spiel for the coach in New York,, while Silarion K^ey, Ed Fitzgerald and Charles Godwin will talk from Atlantic City. Steve Cisler to WGRC Hot Springs, Ark., March 28. S. A. Cislerr now general manager of KTHS, Hot Springs, wiU assume the management of WGRC, New Al bany, Ind.. (LouisviUe), May i: He has been supervising the letter's ope^ ration since last Jtme when -he con- tracted to buy a major interest in the ctnnpahy (iterating It, the North- side Broadcasting Corp. He Is slated to bejcome president of this setup, while the management' contract is for five years. J. Porter will become his com- mercial manager. Cisler's successor has not been named' by the Hot Springs. Cham ber of Commerce, which operates KTHS. WGRC has recently completed an FCC hearing of its bid to move from 1370 kc to 880 kc. WTMJ's New Dept. Milwaukee, March 28. Sales p romo tion division has been added to WTMJ by station manager Don Abert, with Russ Tolg appoint- ed sales promotion chief. In the new set-up Neale Bakke becomes assist- ant sales manager. Doqg Kamp moves Over from the continuity staff to sales, with Harry Eldred, WMTJ p.a., now head of continuity department. STEPS TO SIABDOM • Hollywood, March 28. '.Fields Bros, are preparing 'Steps to Stardom' for audition as a sum-/ mor show. Jirhmy Starr, pic editor fori,, A. Herald-Express, is narrator. Also OQ the first wax are Charlie Chase an.d Richard Lane. Lad Oinskin's Big Day ' < HoUywDod, March 28. 'Lud Gluskin has his contract re- hewed as CBS coast musical director and signed to score his third picture for Dario Productions la^t week. May baton music on Robert Bench- «y's Old Gold program during Artie Shaw's absence. All broke in one dajr. REFUSES KYA $19,000 CUT IN MUSICIANS San Francisco, March 28. Requests of station TCYA for a cut in the amount of money to be ex- pended during 1939. for live music was refused by Musicians Union Local No. 0 here after a series of confabs between manager Reiland Quinn of the Hearst tra^mitter and union execs, ' Agreement sighed last year between Hearst Radio, Inc, and the union calls for an expenditure- of 189,000 a year for a minimum of 20 musicians, the amoimt being based on KYA's 1937 business, "Quinn sought to reduce the amount to $20,000, claiming that the lower figure is more in line with the sta- tion's present financial operations, although KYA has been meeting the union requirements in spite of dif- ficulties. Secretary Eddie Love, of Local No, 6, declares no new con- tract will be drawn and that tlie union will Insist oh fulfilment of the existing agreement. Wadham's 11th Tear Milwatikee, March 28. Wadham's Oil Co, has signatured for its 11th year of 'sports flashes' on WTMJ, Russ Winnie continues as spieler. The Family Slant Program which goes the usual Intervi ew Id ea one better started on WNEW, N, Y., last night (Tuesday). Instead of attempt- ing to gamer an insight into the lives of celebrities from the names themselves,, It tosses ques- tions at relatives. Tagged 'Rela- tively speaking,' Initialer had Dorothy Ed- wards, sister of Gus; Roberta Sempie McPherson, daughter of Aimee McPherson; and Hardeen, brother of the late Harry Hou- dini, among others. It's a 30 min. setup dreamed up by Leo Guild, new to radio. CBS Showcasing Brunswick Record Names a La RCA Magic Key FARNSWORTH BUYS COURT-JAMMED GHU NJLB. ADVERTISING SECTION ORGAMMG Washington, March 28, Moves to 'set up the Bureau of Advertising will be made by NAB leaders at Oiicago, Thursday (30), Session of the chairman of sales managers committees for each of the 17. regions, in company with headquarters people, will map out plans for this phase of the- good-will campaign. Unit is Intended to help broad- casters lure business by preparing exhibits and educational matter that may be used in contacting prospec- tive sponsors. Sandra Gonld, legit and radio ac- tress, has designed a World's Fair bracelet, which Saks will display in its Fifth ave, (N. Y.) store beginning next week. Chicago, March 28. Federal courts here last week ap- proved amendment to reorganization plan of General Household . Utilities to permit, the sale of the GHU radio property to Farnsworth Television- Radio Corp, Properties will be sold to the Television firm for $270,000 in cash and 2S,000 shares of stock which are worth about $6 apiece. GHU is in default to the United States Treasury Department of $88, 760 plus interest as of Dec. 1, 1938. sncnnr ni fe. wayre Fort Wayne, March 28. Eddy Duchin, in Ft. Wayne for six-day appearance at Paramount theatre, aired his NBC show Monday night, from ballroom .of Catholic Community Center. First time in several years na- tional network commercial has been aired from city, and ticket demand was stupendous. Dctrstt Saturday NIeht, weekly which resumed publication coupla months ago following bankruptcy, is reinstating its radio page with art, comments, program data, etc. In charge is to be Jack Douglas. MAIOR DECm Washington, HarcK it, Coioiadot Friendly dlvorca between KVOD and KFBI, which have been sharlne time on (20 kc granted by Com- mieh last week to permit tuUtlme operation o( the plants with Increased power. KVOD, will climb down to 830 kc, leaving KFBL on the present ribbon, and both transmitters will double their present power to 1 kw. Stations have been hampered by part-time operation to a point where local Interests — both charitable and commercial — have had dl(- flculty In obtaining time. KVOD unable at present to carry many NBC blue network programs of major Importance, wJille KFEEj Is similarly - handicapped In Its connection with Mutual. Outlay necessary to move KVOD transmitter. Improve equipment and change power and frequency will Come to' approximately 114.000, Commtsh reported, but station expects io Increase Its monthly revenues by |a,200 to an average of tO,TOO. Uade a net profit of 114,034 In 1937 before deduct- ing income taxes. ' Eugene P. O'Fallon, Inc., licensee of KFBU. is chop-llcking over a monthly Increase of approximately 12,000 from NBC commercial programs which ho has Iwan unable to carry In the past. Changes in equplment will require an expendi- ture .of only $260, Neither station contemplates an Increase In rates and no serious Interference will be caused to other' transmitters, KVOD will be subject to objectionable Interference from KFRU, Columbia, Mo., to Its approximate Z millivolt per meter contour at night and from Canadian station CJRC to Its approximate' l.i mv/m contour when KFKU Is not broad-, casting. ' Ben S. Fisher and Charles V.' Wayland appeared for KVOD, with Philip O. Loucks. Arthur W. Scharfeld and Joseph F. Zlas representing KFEL: Delawan; Daytime ]ulce-Jump tor WDBL, Wilmington, okayed by the Commish to Improve service to Delaware listeners and supply a public need. Station, which now operates with 260 watts nights, 600 watts days, on 1120 kc, will raise Its day power to 1 kw. This will increase lu signal strength 41%, Commish found, and will permit Dover :aplUl of the state — to receive a signal of 1.2 mllllvolu per meter. ' Stock of the transmitter Is held equally by Col. James . Hale Stelnman and John F. Stelnman, who also share owner- ship of WII/M, Wilmington; WAZL, Hazlelon, Pa.; WEST, EastoD, Pa.; WOAI., Ijancaster, Pa., and WORK, York, Pa. Applicant. WDBU Inc., has spent between $16,000 and 320,- 000. for new tronsnilttlng quarters and a new vertical an- tenna, Commish pointed out, and station had a high program rating with 89% live talent shows. Represented by George O. Sutton and Arthur H. Schroeder. Illinois: Turn-down tor WTAD. Quincy. on grounds of serious Interference which would hamper the tranamllter If permitted to operate nnllmlted Instead of days. Request for unlimited operation wltH Its present daytime power, of 1 kw ash-canned by the Commish because of limitations which would be Imposed by WKT, Oklahoma City. Story told In the following excerpt from Commish grounds for decision: 'The evidence adduced at the hearing tends to show a need tor nighttime broadcast service In the area proposed to be served. . However, .'this Issue must be considered In connection with the proper allocation of radio facilities, satisfactory use of a regional frequency, and good engineer- ing practice. If station WTAD Is operated as herein pro- posed, .It would be limited at lilghttline to the 6,3 millivolt per jneter contour,' but would cause no objectionable Inter- ference by Its operation to any existing licensed radio broad- cast station:' Grant of a pending application tor Increased power from WKT would boost Interference to WTAD to Its 11.92 milli- volt per meter contour, report shoitred. Applicant was represented by W, Emery Lancaster. . MlsSonrl: Desire of iCFEQ, St. Joseph, to take advantage of some of California's extra sunlight, granted by the Com- mish In an okay for the Missouri transmitter to extend its daytime operation to local sunset at San Francisco. Approximately 2 hours additional' broadcast time will re- sult from changing station's assignment from Its present local sunset deadline to local sunset on the Paclflc Coast. Prin- cipal benefit will be a last-minute broadcast tor producers, shippers and farmers on livestock market prices and ad- vance estimates from the livestock and grain exchanges, ac- cording to the decision. KFEQ knocks oft at 2 p.m. at pres- ent with a nnal dally broadcast of this Intsrmatlon but will bring the market reports up to date during Ihe additional operating hours granted them. Station operates on 380 kc with 2U kw. Ben S. FIslier and Charles V, Wayland appeared tor ap- plicant. Nov York: Thumbs-down on an application to erect a new station to be operated on 960 kc with 1 kw at Schenectady was given the' TrI-Clty Broadcasting .Co., Inc. Limitation of the proposed transmitter to between lis e.S and 7.83 milli- volts per meter contours at 'nights by WRC, Washington, D. C, was given as principal reason for the denial. (See separate story.) Oklahoma: Tentative okay set on' the request of KTOK. Oklahoma City, tor daytime power boost 'from 10.0 to 260 watts. In a 'propoted findings of tact and conclusions,' Commish decided an extension of KTOK's service would nullify slight (1.2 per millivolt per meter contour) limitation of KRKC, and 1.1 millivolt per meter contour of applicant. Station, which operates' on 1370 kc as a smallle, was repre- sented liy- Ben S. Fisher, John 'W. Kendall and Charles V. Wayland. iSierto BIco: Approximate Increase In monthly revenues of 32.000 plus was okayed for WPRA, Puerto Rico Advertis- ing Co., Inc., of Mayaguez, through grant of its request for Juice-Jump from 100 watts nights, 260 watts days, to 1 kw nights, 2ti kw daya Three Items received particular attention In the decision, namely: (1) Proposal of the Department of Education of Puerto Rico to Increase Its educational program from one-halt hour dally to IM hours. (2) Fact that no newspapers are published In Mayaguez. (3) Need tor frequent weather reports, particularly dur- ing' the hurricane season. Operation of the station as proposed would limit CMJK. Camaguey. Cuba, to Its 2 millivolt per meter contour nights, 10% of the time, but Commish .'tokes notice of the fact that CMJK no longer operates on 730 kc' Applicant retained Frank Stollenwerok as counsel. Virginia: Petition tor re-hearlng.of WRNL, Richmond, re- ceived a favorable finding, with Commissioner Sykes dissent- ing. Long drawB-out newspaper-radio 'scrap which Involves the Richmond TImea-Dlspatch (WRTD), the applicant (Rich- mond News Leader), WMBO, Richmond, and WAVE, Louis- ville, Ky., resulted In the Commish vacating Us 'statement of tacts, grounds for decision and order,' dated July 21, and substituting a grant of the petition In lieu of the previous action. Commish declared that: 'Upon its review and reconsideration of the entire record, pursuant to this petition tor rehearing, and In order to amplify the reasons for Its action as well as to supply certain omissions and correct certain errors appearing In Its former published decision,' the case would be reheard. Case involves WRNL's application for operation with 1 kw unlimited. Instead of 600 watts days only. Majority stock- holder Is Dr. John Stewart Brj-an. president of William and Mary College and publisher of the News Leader, with Dr. Bryan's son — secretary of the Virginia Union University — and Dr. Douglas S. Freeman, president of the bohrd of trustees of University of Richmond and a professor of Co- Inrabla University's graduate school, also owning stock In the venture. Considerable squawking has been done since the station (formerly known as WPHR) was moved In 1937 from Peters- burg to Richmond. Opponents charged lally-gagging on part of the 'applicants In Inaugurating the super-programs which wore promised before the grant was given, and George O. Sutton, attorney for WMOO. some time ago rcquoHtcd that the license be revoked for 'misrepresentation' when WltNL produced mostly transcriptions instead of tho cultural sorvlce which had been promised. Current decision noted 'meritorious and distinctive' pro- gram service of the station and declared that present au- thority to operate days only was not adequate 'tor the com- plete and effective broadcasting of programs proposed herein (particularly those of an educational, vocational and cultural character*). Ben S. Fisher, Paul D, P. Spearman. Charles V^ Wayland and John M, Kendall appeared tor WRNL. Washington: No new station for I'ort Angeles, because of Commish suspicions as to financial and technical qnallflca- tlons of R. C. Atwood, applicant. Applicant was represented by Frank Slollonwcrck. West' Virginia: Daytime power boost tor WllIJC. Ex- ponent Co., Clarksburg, received stamp of approval on show- ing that *merltorlous program' service could be. extended two miles by the Increase and that the daytime signal Intensity of the station would be upped approximately C8%. No ob- jectionable Interference to any outside stations and no serious objection to lifting the power from 100 to .250 watts, on 1370 kc. Ben J. Flsher and John W, Kendall appeared for WDLK. Although mildly denied by CBjS the new 'Dance Hour' sustainer wliich replaced 'This Is New York* on that net Sunday (26) will likely in time emulate the NBC RCA Magic Key program' as a . showcase for American Record Co. (Bnmswick) recording artists. Magic Key show uses only RGA-'Victor recording out- fits. American Record is a recent CBS acqtiisition'. Columbia' currently maintains that' it will favor Bruns- wick crews and solo names but not confine itself to their use. Initial show had Barry Wood, lead- hig a house band although he has a recording band of his own; Red Norvo and Mildlred Bailey, both Brunswick cutters, and Eddie Le- Baron orchestra. Alec Wilder octette, the Clarence Profit Trio and.Hoagy Carmichael as m.c. Next week if 11 l>e Bariy Wood, Coimt Basic orchestra, Don Alfonso band and Nan Wynn with others still to be set Basle and Nan Wynn are Brunswick names. IRENE RICH FROM L A. sponsor Declines Permission' Frisco Fair Brvadeaat for San Francisco, March 28. Irene Rich, currently appearing in the Jacques Deval comedy, 'A Brcom for the Bride,' at the Curran theatre here, flew to Hollywood early Sun- day morning to do her Sunday night drama for Welch Grape Juice from the NBC Hollywood studios, planing back to San Francisco after, the broadcast. Officials of the Golden Gate Inter- national Exposition had invited Miss Rich to dedicate the new radio stu- dios at the fair by presenting her Welch show from the island, but the sponsor nixed the plan, preferring not to risk any deviation from the customary Hollywood set-up. Vanderbilfs S. F. Spieler For Pimlico Descriptions San Francisco, March 28. Joe Hernandez, local racetrack an- nouncer, goes east next month to fill a two and a half weeks' engagement at Pimlico, Baltimore, starting April 23. He was signed by Alfred Gwynne Vanderbilt, who heard Hernandez at Santa Anita. While at Pimlico Hernandez will be heard over NBC. KFH's Hoe-Down Cficks MINOR DECISIONS .Arlunsos: KTXIN. Charles Loo Llnlzcninh. Rlylhovlllo, license extended on temporary IiukIs only subject to Commish action on ponding application for renewal. Massncha'settH: WNAC. Yankee Network. Inc., license ex- tended temporarily only tor imtIixI. ending May 1, . pending determination on renewal application. Mlrhlgon: WA.SH, KIng-Trcndle Uroadcostlng Corp., Grand Rnplds, same aa above, Missouri: WHB, Kansas City, granted new high frcuueni'y experlmo'ntal station to be operated on 26100 kc with 100 watts, conditionally. New Jersey: WCAM, City of Camden, present license ex- tended temporarily only, subject to Commish action on pend- ing renewal application.' Forrto Bico: WKAQ, Radio Corp. of Porto Rico. San Juan, and WNEL, Juan PIza, San Juan, same as above. Wisconsin; WBAU, Bau Claire, granted changes In com- posite equipment and day power boost from 1 to 6 kw (oper- ating 6 kw local sunset at Ean Claire, 1 kw Abilene). Wichita, Kan., March 28. KFH Saturday Night Dance Frolic has developed to the point where it's getting 2,S00 pajd admissions at the Forum, local auditorium. It's two bits a person, and for this the customers get two periods of pro- gram broadcasts and dancing up ,to midnight. Whole families from miles around drive in for the shindig, with modem ballroom hoofing and square dancing sharing ' in the activities on the waxed boards. The Ark Valley Boys have been exploiting this event on their twice-daily programs over KFH. KTAR Changes Reps KTAR, Phoenix, has switched its eastern and midwestern sales repre- sentation from the Katz agency to the Paul Raymer office. Richard O. X/ewis, KTAR general manager, closed the deal while in New York last week. NBC IMPORTS MOBFIT Chicago, March 28. Gary Morflt, who has been chief comic on KWK, St. Louis, is being brought here early next month to join the NBC artists' roster. Part of carnpaign being instituted by program manager Jules Herbu- veaux to revitalize artists set-up here. Burke Crotty Under Seldes Burke (irotty,' head of Columbia Broadcasting's photo dcpt, will shift., into television research under Gil- bert Seldes. Ray Lee Jackson, pho- tographer >yith CBS tor the past eight years, will tak Crotly's placei Changes are effective next Mon- day (3). 24 S Bi. Mortla'* Plaee. Trafalcar Sqnan mTERMATIONAL RADIO Ckbto AdAcMl TARIBTV LONOOH Telephons Tenple Ba* 8Ml-$p4t CANADIAN RADIO MAKES A FEW HALF-GESIURES OF APPEASEMENT Autocratic Control of Telephone Lines Slightly Re- laxed, but Specific Permission for Every Hookup Still Required from Indies Montreal, March 29. Some slight concessions were eranted private broadcasters by the Board of Governors of the Canadian Broadcasting Corp. following a closed three-day session here last week. Most significant of the CBC decisions, all with 'ifs' attached, were: 1. Use of telephone lines for hook- ups among independently owned sta- tions will be restored on the basis prevailing prior to the damaging re- strictions Imposed during the past few months which prohibit use of lines by any private station. 2. Beer and wine programs will be permitted to continue temporarily In the Province of Quebec pending further clarification of temperance group reaction. Commercials on li- quor proitroms ' will •'be limited to sponsor-identification onlv and sub- ject to approval of the CBC as here- tofore. More liberal use of transcriptions after 7:30 p.m. and' price mention In commercials on private stations are also reported having received favor- able reaction from the Corporation. Application of private stations to form a coast-to-coast chain Including some American stations. In competi- tion with the CBC network, was re- jected. Requests of private stations to exploit short wave, television and facsimile broadcasting were also re- fused. Corporation stated It was the purpose of the Government to con- fine television, short wave and fac- simile broadcasting to the Federal authorities only. In apnealing against the recent CBC ruling barring beer-sponsored programs legal representatives of the pVjvate broadcasters questioned the authority of the . Corporation and- suggested that- the question would be taken to the. Department of Justice for adjudication. Legal counsel for the broadcasters pointed out that while- the Privy Council had decided that radio is a matter for Federal Government regulation It had said nothing about prohibiting radio. If radio stations, are prohibited from carrying on. normal functions then there would soon be nothing left for the Federal Govetnm^t to regulate, ^e modification of the CBC ruling on beer programs jiow makes It un- necessary for the jurisdiction of the CBC to be questioned by the Depart- ment of Justice.. The Condition In restoring use of teleohone lines to private stations the CBC still re- tains control and regulation of such hookups. Approval of the CBC wiU be required for every proposed hookup and may be refused at the discretion of the management of the Corporation. In the plea for the return of lines the private stations argued that the Corporation had more business than It could handle while Independents had to refuse contracts for lack of lines. Among those present at various sessions of the fgC were Hon. P. R. duTremblay. CKAC. Montreal; Phil Lalonde, CKAC, Montreal; M El- liott, CFCF, Montreal; Victor Niel- sen, CFCF, Montr!sal;'M. Lefebvre, CHIiP, Montreal; Stewart Nell, CFMD, Fredrlcton, N. B.; Major Bor- rett, CHNS, Halifax; H, Gooderham, CKC Lj Toronto; Harry Sed.i;ewick, GFRB, Toronto, president of the Ca- nadian Association of Broadcasters; CoL- Roger, CFCY, Charlottctown; J. N.- Thivierge, GHRC, Quebec; G. M. Geldert, CKCO, Ottawa; J. Imrle, CJCA, Edmonton; Harry McLaugh- lin, CJRC, Winnipeg; C. A. Camp- bell, Reglna; Gordon Love, CFCN, Calgary; F. H. Elphlcke, CJCA, Ed- monton; A. A. Murphy, CFCR, Sas- katoon; Arthur Chanler, CJOR, Van- couver; P. Morris, CFPL, Ijondon; G. Herbert, CROC, Hamilton; J. M Taylor, CFAC, Calgary; T. A. Evans, secretary of the Canadian Associa- tion of Broadcasters. DALLAS INSURANCE MAN CONTROLS XEAW.MEXICO .' McAUen, Tex., March 28. Carr P. Collins, Dallas Insurance man, has assumed chstrge of XEAW, Reynosa, Mexico, after he had pur- chased a controlling Interest The transaction was handled through Walter Wilson, brother-in-law of Dr. John R. Brlnkley, formerly of Del Rio. Collins said a series of health talks would be broadcast He is Inter ested In a mineral water concern. LONDON CALLING Two BBC snoopers on South American tour In preparation for extension of broadcasts to Latins this year. Danlop Rnbber Co. is sponsoring, on Radio Normandy, 'Cyclists Maga- zine of the Air.' Edited by Bruce Anderson, IBC Assistant Program Director and sports commentator. The Magazine will introduce person- alities in the cycling world, give liints on maintenance of machines, money and labor saving gadgets, an- nounce forthcoming events, weather forecasts, plan tours and give other information vital to wheel fans. An entertainment section will be Introduced by Fred Lath&m, dancer band singer who, incidentally, holds many cycling records. Time booked with IBC by C. F. Highani, Ltd., for Dunlop, who also inaugurated 'Motor Magazine' recently, which broadcasts Sunday mornings, from Radio Nor- mandy. Among those who will take part In the Country Home hour on a new Radio Normandy program for. rural dwellers In ■ England,- - are Quaker Oats (Lord & Thomas), Ryder Seeds (Direct) Wake's Hop Manure (Smith's). The PoUed Show/ Senior's Meat and Fish Pastes program produced by IBC, will continue on Radio Nor- mandy Wednesdays and Saturdays from 5 to 5:15 p.m. Dick Bentley ard Peggy Desmond continue. Re- newal by Partington Advertising Co., Ltd. Sid Phillips claims to be only British dance music director who makes discs here exclusively for the American marked specializing In swing numbers. CUftord Whltleyr^ life story drama- tized by BBC March 28 ani 30. Pro- grari will be title.d 'Midnight and Other Follies,' recalling ' Whitley's first floor show, and in It will be Sir Francis Towie, who sponsored that Innovation. . Archie Campbell Is producing, and plans to Introduce 'personalities made famous by 'WbiHey, such as Eve Becke, Jack 'Jackson and . N^unton Wayne. Elsa Macfarlane, one of the original 'Co-optimists' (Mrs. Whit- Icy), will support her old man in the bill. "if eXISUNG CONTRAaS GET FULL BBNEFITS, OF COURSt, OF WJSVs rRescMT IO;dOO watt rate WASHINGTON, D.C. * A CBS STATION Canadian Wattage Tax Due? Montreal, March 28. Unofficial reports emanating from Ottawa are to the effect that the Canadian Broadcasting Corporation may seek to Increase the annual license fee of private radio stations several thousand per cent Under, stood that such a proposal was mentioned during the deliberations of the corporation in Montreal last week and a license of $1 per watt per station was talked ot Radio station fee Is currently $50 per annum, regardless of power. Should the proposed tax be imposed tiien stations of 6,000 watts would be obliged to pay $5,000 a year instead of $50. It Is possible that a maximum fee would lessen the cost to hlghpower stations. Reported that the CBC asked private broadcasters to offer con- tributions of a higher tax voluntarily. Questionable whether the CBC could Impose additional taxes without special authority from Parliament CARIBBEAN RADIO By Abel Green On one of those West Indies cruises where some nine ports, clear south to Caracas Bay, Venezuela, are In- cluded, a portable radio listener- Inner finds that the Latins are doing a Spanish-Portuguese road company of nostrum peddling as formerly In the States. If it's not medicines, then the plugs are principally for native rum products and seegars. But the formular Is the- same — rec- ord, plug, record, plug. The prime gag Is: the fact that the lingo Is native, but then will come up a waxing by Lariy Clinton or Benny Goodman, with English- vocals^ and all . In the jive . Idiom. ■ It's for that reason that the natives are plenty en courant in swing matters. ' The audience show seems to have been the greatest advance made, with the audible response apparent through the'alr. But the comedy or script shows are Infrequent; It's prin- cipally music. CBA, 50,000-WATrER, SET TO €0 APRE 8 St John, N. B., March 28. CBA, second 50,000-watt broad- casting unit to be completed this year by the Canadian Broadcasting (>)rp., will be formally-V Introduced on April 8, at Coles Island, N. B. Although aboi)t five miles from a community, -Sackville, N. B., the new station will be credited to that town, which Is almost on. the provincial line between the provinces of New Brunswick and Nova Scotia, and al^o a short distance across Northumber- land - Strait .from the' provinces 6f Prince Edward Island: CBA, wOl cover these three proylnces. At the opening ceremonies, the premiers of aU three provinces will broadcast speeches. Cither speakers will be David Saf nofl, president ot the Radio Corporation of America and C. D. Howe,' Canadian minister of transport, Ottawa, whose depart- ment exercises control; over radio In Canada. HANQEB' SPONSOBED ON CFC? Montred, March 28. Series of IjOne Ranger* transcrip- tions spotted over station CFCF for Charles Gurd & Co., starting April 3. Half hour program to -be aired three times weekly, 28 weeks. Other - new. transcription series over CFCF include ^Secret Agent K-7' for B. ,Hpude Tobacco, starting April 4, and. 'House of Dreams,' sponsored by Snap. Champlain Oil is sponsoring base- ball newscast entitled "Round the Base Lines.' Gladstone Morray Warns Of 1600,000 Tax Loss; Would Jeopardize 50 Kw. Montreal, March 28. Proposed cut in the radio license fee from $2.50 to $2 would result in sharp curtailment of government broadcasting services, the Parlia- mentary Radio Committee was told last week by Gladstone Murray, gen- eral manager of the CBC. Murray was primarily concerned over the suspension of operation of two new. high-powered Government stations at Watrous, Sask., and Sack- ville, New Brunswick. The 20% cut in the license fee would result in a reduction ot $600,000 a year in rev- enues -which would leave no funds available -for operation of the new transmitters. The new Government transmitter at Watrous is intended to service an area which is already cov- ered by four or five private stations. The proposed reduction in the license fee might also necessitate the return to a six-hour broadcasting day, with a reduction in staff which would result In a saving of $200,000 annually. It was Intimated that French- language programs would be cur- tailed on the CBC regional network in Quebec In order to save an esti- mated $40,000 annually while $75,000 could be saved by discontinuation of symphony \)rchestras irom' various cities. Murray stated that the CBC had refused commercial programs from which a revenue. of $250,000 would have accrued.. He also pointed out that while costs of operating the Government network could be re- duced, in the event of a lower license fee, there would be a corresponding decrease in employment of Canadian artists. ■ London .Press Exchange renewed on Radio Normandy for Cadbury'i Chocolate. • - • METROPOLITAN STATION COSMOPOLITAN AUDIENCE The Billboard Poll of Radio Editors tor the second conaecutiye year named Radio Feature Service, lac. FIRST tor quaUtr of radio publidty copy ond service to them. (This year the vote ronked us 3 to 1 over our nearest competitor.) This Is to express our gratitude. Chicago Earle Ferris 10 East 49th Street New York City Hollywood Wednesday, March 29, 1939 RADIO VARIETY 25 PRESS STUNT RAIDED IN TIESSQ. WMCA, New York, was forced off the air Monday (27) afternoon after carrying 19 mlns. of a scheduled ■ half-hour program describing a cbowlng of spring shoes at an An- sonla Bootery at 47th. street and Broadway, when cops walked In and broke up the . aflalr. Hitch was that the modelling of the shoes was In conjunction with a beautiful legs contest participated in by a bunch of models and being judged by Billy - Rose, Eleanor Holm and George Jes- eel. Shoe and leg display precipitated a near riot in the street outside and when the gendarmes waltzed in with ■ their curt 'Break it up, what's going on here* their words went out over the air. Station's spieler signed off without further ado and scrammed, time being filled by recordings from the studios. CHI NAB REGIONAL ELECTS DYER AS DDL Local Station for Soheneotady, Home of WGY, Denied Troy, N. Y., March 28. Trl-Clty Broadcasting Co., Inc, received another setback in Its long quest for a permit to build a new station in Schenectady, when the FCC flatly denied the application for construction authority. Federal body stated that the granting of a license last September to the Troy Broad- casting Co., Inc., for a station In Troy precluded an okay for Tri-City. This, ' because operation of both transmitters, would result in de- structive Interference within area. The two would be going simulta- neously In the available channel. Troy, backed by Harry Wilder of WSYR, Syracuse, has a CP, but awaits a decision by District of Co- lumbia Court of Appeals on WOKO- WABY's appeal. FCC filed a brief in that court stating Albany trans- mitters' case wa s w ithout merit Construction of WTRY might or might not affect advertising revenue of the Smith-operated stations, ar- gued the government through Coun- sel John Dempsey, but that had nothing to do wiUt public interest, best served by a station built for and operating in Troy. City, with a 70,000 population, is only one of its sSe, east of the Mississippi, that does hot now have a commercial station. Chicago, March 28. Regional (ninth district) -meeting of NAB on Monday, elected Gene Dyer, of WGES, Chicago, as director for two years , replacing ■ Walter Damm, of WTMJ, Milwaukee. I>♦♦♦« Stayner Corp. of Berkeley, makers of Minra (antacid compound) ex- tending Spelling Bee with Tom Breneman to KNX, Hollywood, and KARM, Fresno. Originates at KSFO, San Francisco. Erwin-Wasey is agency. Atlantic Refining has purchased from the Albany Eastern I^eague club the right to broadcast games over WOKO or WABY, but General Mills, which took a three-yeaT option in 1937, wUi share time on alternat- ing basis. KMOX, St. Louis, is the only local radio station that has, to date, ob- tained a sponsor for the 1939 play- by-play baseball broadcasts. General Mills and Socoiiy- Vacuum wiir again jointly bankroll the broadcasts of France Laux and Cy Casper. With Kellogg out of the 1939 baseball picture, KWK, which had this ac- count for a bankroller last year, is mulling offers from other sponsors, but has not yet closed. E. M. Kohn & Co., Dallas depart- ment store, signed a year's contract, with summer layoff, for a weekly series of programs, "Voices of Yes- terday* on WFAA, Dallas. ■ B. F. Goodrich Rubber Co., Akron, on March 28, began sponsoring of 15 minutes of the Early Bi rd p ro- gram Tue.-Thur.-Sat on 'WFAA, Dallas. Set by Griswold-Eshleman, Cleveland. I STATION IDEAS | HELD OVER SECOND WEEK (Week of March 17) ^^Doris Rhodes holds over :on the stage and figures as wicket asset.'* OPENING AT THE STRAND, NEW YORK, APRH. 7, WITH GUY LOMBARDO Many Thanks to BILL HOWARD, HARRY MAYER and HARRY GOURFAIN • Personal Management: TAPS, 1(19 Broadway, New York ♦ ♦♦♦»«» ♦ . ♦> M «««I» K «««4 Informality Note at WNAX Yankton, S. D. Campaign has been Instituted by station manager Haydn Evans to bring the WNAX performers and an nouncers closes' to the listening au- dience.. First names will be used in the introduction of the spielers, and several stuiits are planned to point up the 'one big happy famOy* view point Announcers last week broadcast a rib CHiinese checker tournament, and in the weeks to follow will hold a spelling bee, a comedy intelligence quiz and a lildden talent' night, when each aimoimcer will endeavor to re- cite a piece, do a turn or toss off some fiddling. Candid Camer» Nlt« Oklahoma City. WHY'S studio swarmed with candid camera fans last Saturday as the station staged its first annual camera contest The event started off with an hour and a half sho'w, commencing 9 p.m., with the lens addicts permitted to snap the acts as they performed. For. an hour pre- ceding the show and from 10:30 pjn, to midnight the. cameraltes were free to roam around the rest of the WJCV plant and take any, pictures they de- sired. Prizes of $5, $3 and . $2 are to be awarded to the best candid shot There are similar prizes for straight shots , and an additional $S for the best picture over all. Adequate light ing arrangements were provided throughout the studios for all types of eqiuipment Bnslness Glorification Cleveland. Legit actors from Cleveland Play House, community rep theatre, are switching affiliations from WTAM to WHK, which is building Monday half -hour series labeled 'America Works.' Players will dramatize histories of national business organizations, with headquarter? here, beginning April 3. Leslie Biebl and Norman DryS' dale writing scripts and handling production, with business nabobs taking bows in'brief prolog speeches, Ed ' Carlton joined Bay Buffum, Bob Marko And Frank Rowan "on scr^tlng battery ot Lifebuoy (Dick Powell) show. 'Lefs Go HoUywood' co-op pro- gram has added anotiier sponsor. City of Paris department store in Frisco. Southern California Ford dealers are the only other bank- rollers. Intended for Mutual network if enough sponsors are lined up. Cohoes Manu/actttr{n0 Co. is now sponsoring a series of Simday after- noon five-minuters titled 'Fashion Notes' on WGY, Schenectady, with Irma Lemke as miker. Railway Express is readying for an announcement campaign, through the Caples Co. Oldsmobilc Is placing a spot an- nouncement campaign through D. P. Brother & Co. Com Products has bought the 'Ad- ventures of Ace Williams,' transcrip- tion series, for a 13-week test cam- paign in behalf of Karo. Gotham is !the agency. Sealtest's "Your Family and Mine' serial, currently on the NBC red (WEAF) link, wUl go transcripUoa the middle of next month. It will be five quarter hours a week. McKee-Albright Inc., is the agency. Walnut Growers off the air (Cali- fornia) after 17-we?k wax test with George Fischer,. Bill Goodwin,. Frances Hunt and Lou Bring's or- chestra. 'True Stories of the New Yorfc 5tate Police,' major dramatic sus- taining program over 'WHAM, Rochester,, for last four years, goes commercial for Bond. Clothes. Stories are token from files of State Police and dramatized by Wayne Shoe- maker. Shows are produced weekly, Thursdays at 7:30 p.m. by studio cast, directed by Jack Lee. R. J. Reynolds Tobacco Co, ('Geo. Washington Tobacco')— 82 100-word announcements, to May 13, daily, ex- cept Sundays. Through Wm. Es^ tc Co. Feminine Products Co., N. Y: C. CArrid') — 26 one -minute transcrip- tions, to April 28. Throxigh Street tt Finney, Inc., N. Y. C. Walkover Shoe Stores, time sig- nals, through Chambers & Wiswdl. 'WEEI, Boston. J. A. Wright Co. of Keene, N. H. (silver polish) Is participating in the Caroline Cabot' Shopping Serv- ice, through James T. Chirurg Co, Boston, Swansdown Egg Tints, participa- tions in Shopping Circle, through Ensign agency, KDKA, Pittsburgh. Peter Paul (Mounds and Ten Crown Charcoal Gum), sports broad- cast and announcements through baseball season. Platt-Forbes. Wolfe's Nursery, Stephenville, Texas, renewed 'Money (Srows on Trees' tri-weekly show on KGKO, Fort Worth, through Thaine & Engle. Public Service of Oklahoma spon- soring 'All-Electric Cooking School,* with Lucille Johnson. KTUL, Tulsa. Wednesdaj, March 29, 1939 RADIO VARIETY 27 ONE-YEAR LICENSE LIKEY ODDITIES OF RADIO IN ALASKA By HASRT T. SMITH SeatUe, March 28. R. E. McDonald^ general manager ol KFQD, Anch'oi-age, Alaska, ' Is 'currently visiting here on his first trip out of the territory In 12 years. While here he has appointed Verda Bras, of the Alaska, "nravel Service, as station representative. He gave a 15-minute talk over local station KIRO and visited execs of other' studios. Northernmost station In Alaska, KFQD serves as outside contact for the populace in the Alaskan Interior and also makes ship-to-shore con- tacts within Its signal area. It is the only outlet to broadcast a . descrip- tion of a midnight baseball game It Speaks Their Language MONTREAL 1. About three- fomlhs of Mon- treal's popu- lation speak French. 2. CKAC seUs In French. 3. That's why GKAC has almost as many commer- cial shows be- tween 6 and 10 P.M. as the other four stations combined. Canada's u s 1 e s t Station Completely Frank London, March 28; - It's a way they have here. Out of the hat when govern- ment was picking a new chair- man for BBC's board of govern- ors, came name of Sir George Allan Powell, mayor of. Kensing- ton and chairman of Import duties advisory committee. Questioned by reporters about his new task. Sir George replied: ' 'I'm going ' to say nothing about broiadcasting, because I know nothing about it 'I haven't had a chance to look at television yet' played, without artificial light Con- test takes place June 21 each year. On one occasion the station aired a Government request for reindeer cowboys at Pt. Barrow at $10 a day.. Herders applied at the station and had to make the 150-mile journey to Pt. Barrow along the beach, aS'the incident took place during the north- ern winter darkness. According to McDonald, the sta- tion has occasionally received cash contributions from listeners in 'ap- preciation' of its broadcasting serv- ices. Amounts have l>een as high as $100. KFQD is a 250 watter, 709 kc, owned by the Anchorage Radio Club, Inc. Chief engineer is W. J. Wagner, and program manager is Ken Laughlin, Station uses Transradio news. MOBILE MAN FOR FCC JOB Washington, March 28. President Roosevelt has nominated Frederick I. Thompson, of Mobile, Ala., to succeed Eugene O. Sykes, of Mississippi, resigned, as member of the Federal Communications Com- mission. Thompson is owner of the Alabama Journal, Montgomery. He's apparently without previous radio connections or knowledge. The appointment was urged by Senator HiU, brother of Luther Hill, an executive of the Cowles radio properties in Iowa and South Da- kota. Spartanburg Forgets Long-Time Radio Peeve Spartanburg,. S. C, March 28. Local dailies have lifted several years old publicity ban on WSPA and also are using major network program listing in both morning and evening editions. WSPA identification appeared fully in recent spot news plugs. WSPA Seeks New Niche Spartanburg, S. C, March 28. WSPA, Spartanburg, has applied to the Federal Communications com- mission for a move from 020 to 1120 kilocycles with .unlimited hours. James D. Mugfbrd, program direc- tor, said station's present wavelength too congested for night broadcasting. Thomas Sells Grocery Finn Oklahoma City, March 28. John D. Thomas, official; of the Plaza Court Broadcasting Co., oper- ators of KOCY here, has sold his 33-year-old Crescent Grocery firm. Will devote all of his time to other interests, including the broadcasting company. "hi Washington WRC is the best buy' DASH RADIO HOPES FOR REAL DDEAK Cut in Clerical Burden Helps FCC as Much as Stations —No Confidence in Radio Industry's Will to Do 'Right' Unless Constantly in Fear WHAS, LOUISVILLE, PEPS UP NEWS STUFF EVENTS CLARIFY Washington, March 28. Promulgation of new regulatory policies will see the traditional six- month license supplanted by a one- year ticket But any idea of an in- definite franchise is - beyond the realm of probability. This , is the consensus of Industry observers noting recent trends and picking lip tips from the FCC. Gen- eral expectation is th<.t the present uncertainties about the future will be materially reduced during the sum- mer. ' The FCC apparently is all set to put stations on a one-year basis as soon as formalities are finished and the antiquated principles are brought up to date. Pressure from the in- dustry and Congress seems to be ef- fective, and five votes, at least seem assured for the proposal to double the span of operating papers. Three members — Commissioners Norman S. Case, T. A. M. Craven, and George Henry Payne — are on record with a recommendation that the existing rule be changed to provide for li- censes running 'at least one year.' Recently, Chairman Frank R. Mc- Ninch has been quoted by daily pa- pers as saying, he thinks the period should be extended, to cut down on the volume of clerical work imposed on the FCC and to give the industry some more stability. Industry ob- servers think Commissioner Tha'd H. Brown will support any move in this direction. Braintrnsters Slant The official administration senti- ment is said to be for a longer ticket but not for one good for more than IS mohths. Braintrusters reputedly feel an annual check is imperative to keep the industry functioning In accordance with statutory and ad- ministrative policies. Longer per- mits might encourage a defiant atti- tude. ^ Hint was thrown out at the White House recently, while Elliott Roose- velt startled both the industry and th: FCC on his appearance early t^is month at the qhain-monopoly inves- tigation by susgesting issuance of an undated, indefinite certificate of con- venience and necessity which could be revoked fcr caure. . Three year ticket has been proposed in each of the last two Congresses, although the measures never have been taken up. Latest advocate of a ticket good for at least, three years is Rep Clarence McCleod, Michigan Republican, who.se bill has encouraged industry watchers. Formalities still must be gone through. The report of the commit- tee on rules and policies is before the Commlsh, but. cannot be taken up yet Second chapter, containing tables and statistics has not been published, but is due within a few days, possibly by the end of the week. After that has been distrib- uted the Commish whl receive ex- ceptions from attorneys who partici- pated at the June hearings and oral arguments will be in order. The international situation may hold up promulgation of the revised regulations. Since Mexico still has not given formal promise to ratify Ce Havana treaty, the Commish can- not tackle that phase of the report which calls for changes in frequency and power as.signments. Louisville, March 28. Paul Sullivan, from WLW, who was scheduled to air nightly news- casts over WHAS for Brown & Wil- liamson on May 1, will transfer here a month earlier. Begins local alr- Irrs April 3. In addition to U. P. rews service, station has added INS. Dick Fischer, whc formerly han- dled news on KWK, St Louis, on behalf of J. Walter Thompson Agency accounts, will fill the day- time spots. Station has also sent Gieorge Walsh, sports commentator, to Florida for two weeks to cover baseball training camps. Other WHAS changes in an- nouncing personnel Include acquisi- tion of Alan Jackson, who formerly aired over WLW, who is now teamed with Bill Bryan on 'Sidewalk Snoop- ers,' arid the exit of Meador Lowrey and Foster Brooks. Lowrey was chief announcer of the station. HI5 new connection is with KRLD, Dallas. New entertainers added to the staff ara Terry Hayes and Frances King, both singers. Jack Lomarr of Blackett-Sample- Hummert around Hollywood. FCC OPPOSES WLfS LEGAL STEPS Washington, March 28. Use of different terminology does not warrant denying an appeal clearly assured under the Com- munications Act, counsel for WLW, Cincinnati, told the. District, of Co- lumbia Court of Appeals last week In pressing the fight over continu- ance of the 500 kw operation, Com- mlsh attorneys have moved to dis- miss WLWs appeal from decision terminating the permit in effect for the past five years. In opposition to the attempt to duck a judicial review, Duke MI . Patrick, representing Powel Crosley, asserted that regardless of the exact tag, the permit Is an instrument In- volved in a proceeding which Is sub* Ject to- court, review. For all prac- tical purposes. It is identical with a 'license* even though labeled 'special temporary experimental authoriza- tion.' Joe Fenner will take a Bermuda holiday after his Huskies program Is muted March 30. Now Available! FREDDY LINDSTROM Badio StaUon WLS hoa signed Freddy Llndstrom, big lea(n« . baseball star, to oondnet the WLS Sports Bcvlew, now avail- •ble to sell year prodnet t Llndstrom li s former star player with the New Tork Gbnta^ the Flttobnrf h Pirates and the. Chlcags Cabs. . .started In base- ball under the treat John j: McGraw. ..spent'12 years. in ar- ganlzed baseball. . .played In two World's Series... tmly one •t baseball's great. And Llndstrom has a great radio show. He knows aD the players and will ipend each morning working ent with the local Chicago ball dobs, then watch the day's game from the home team'i dngODt. From 6:Z0 to 6:45 hell broadcast the WLS Sporia Review, assisted by Don Kelley, ' Chicago and Midwestern iports fans are SCBE to listen to Freddy Llndstrom, a Chicago boy and a Chicago Cnb baaeball star. Freddy Llndstrom Is the radio sports find of the year, and he's now available on WLS! For detall% wire, call or write WLS or any John Blair office, WLS The Praibie. Farmer Station Bunidge D. Butkr, Pmidtnl ( Clueogo) Glenn Soydv, Af-grofising musical, 'Hellza- poppin,' is primmg for a further cleanup during 'EUister, scheduling matinees -every day. The list now h&s its two promised 'Mikados,' latest being the 'Hot' ver- sion^ whidi vies with the WPA 'Swing.' New arrival drew a favor- able press, with chances not yet clearly Indicated. "The 'Hot' version, at the Broadhurst, is. scaled at $3J0 top as against .the relief outfit's $1.10, and the 'battle' between the jazzed GUbert and SuUivan comic opera will attract some attention. The Happiest Days,' postponed for redirection, is slated into the 'Van- derbilt next week, but may be fur- ther rehearsed and open April 10. A possibility is "Five Kings,' which was slated off April fi. The Group Theatre lists 'The Quiet Chty' for a Sunday performance at the Belasco. It also is readying 'My Heart's in the Highlands,' originally carded for Sunday evenings but now announced for regular presentation shortly. 'Henry IV concludes at the St. James this week: as does the 'WPA er, 'The Big Blow,' at the Elliott. Estimalei far Last Week . 'Abe Lincoln In lUlnels,' Plymouth (24th week) (D-1,036; $3J0). Some tapering last week but still, cleaning up, with gross around $18;000. 'Boys From Syracuse,' Alvin (10th week) (M-1,2S5; $4.40). Improve- ment noted and looks cinch for bal- ance of season and maybe for sum- mer; $23,500. < 'Family Portrait,' Morosco (4th week) (D-961; -$3.30). Picked up en- couragingly, wltti gross indicated betterlng^7,000. 'Gentie People' Belasco (13th' week) (C-1,107; ^.30). Expected to span the spring; making some profit at current gait; around $8,500. 'Hellcapoppln,' Winter Garden (26th week) (R-1,671; $3.30). Will play matinee daily tiirough Easter week; leading musical, around $33,- 000. 'Hot Mikado,' Broadhurst (2d week) (M-1,116; $3J0). Opened late last week, drawing favorable press; indications are it ca n buck other col- ored 'Mikado' (FTP), on strength of production, 1 Mast Love Someone,' Longacre (Otfaweek) (C-l.lOO; $3.30). Author- manager still expectant of operating out of red though .business hasn't im- proved enough; $4,500, 'Kiss the Boys Goodbye,' (27th week) (C-944; $3.30). Sale stated to extend into early summer, sure stayer for World's Fair; $11,500. 'Leave It to Me,' Imperial (21st week) (M-1,468; $4.40). One of fa- vored musicals also slated for the Eummet; little off, but stands up ex- cellently; quoted over $30,000. Uamba'a Danghters,' Empire (13th week) (D-1,099; $3J0). Colored-cast drama making run of It and should last the season; business holding up; around $14,000.. 'One for the Money,' Booth (8th week) (R-708; $3.30). Intim^ite re- vue again around $11,000, profitable. 'Osoar Wilde,' Fulton (25th week) (D-913; $3.30). SlighUy over $8,000, okay for run drama, which continues to turn in weekly profit 'Socket to the Moon' and 'Awake and BIng,' Windsor (19th week) (D- 1,049; $2.20). Some confusion over g laying schedule may have affected usiness last week; 'Awake,' a re- vival, the better draw; slightly over! $5,000. i 'Set to Mnsio,' Music Box (11th week) (R-1,000; $4.40). Still claimed to be profiting though at lower level than previously; rated around $17,500. 'Stars In Tour Eyes,' Majestic (8th week) (M-1,717; $4.40). Engagement slated into the summer; strong last half: pace eased off to $25,000. ■Tlie American Way,' Center (10th week) (D-3,433; $3.30). Wonder draw in Radio City has been ap- proximating $40,000 weekly; drama away out in front of list in point of gross. The LltUe Foxes.' National (7th week) (D-1,164; $3.30). Moved into drama leadership last week by again getting $19,000. Tho miadelphU Story.' Shubert (1st weA) (C-1,367; $»My. Pre- sented by the Theatre Guild; written by Philip Barry; drew big out of town; opened last night (Tues.). The Primrose Path.' Biltroore (13th week) (CD-091; $3J0). At $8,000 it provides some profit; en- gagement indefinite; moves to. the Cort soon. The White Steed/ Golden (12th week) (D-730; $3J0). Moved here from the Shubert arid may stick through the spring; but under $8,000. 'Vabaoeo Beaid.' Forrest (277th week) (D-1,107; $1.65). Run leader figuring on drawing World's Fair crowds; breaking eVen at $4,500 and sometimes more. ■Wluii a Life,' Mansfield (SOth week) (C-1,0S0- $3J0). Nearing year's mark and stay is indefinite; operating successfully under sharing plan; around $4,500. -BCVIVALS 'Henry IV,' St James (9th-final week) (D-1,520; .$3.30). Cioes on tout with full length 'Hamlet' as alternate presentation; somewhat better; $14,- 000 estimated. 'Ontward Bonnd,' Playhouse (15tK week) (D-873; $3J0), Topping $8,000, quite satisfactory; management ex- pectant of engagement going into summer period. ADDED 'FlBS and Needles,' Labor Stage (70th Week). More new numbers be- ing. added; under $4,500 but evident- ly okay for unionists' intimate revue. Frank Fay Vaudeville, 44th St Some improvement last week, with takings over 4S.000 .at $2.-75 top; nightly, one matinee (Saturday). WPA 'Swing BUkaio,' New Yorker; drawing strongly; agencies getting some tickets. 'Androoles and Lion,' Lafayette, Harlem. 'Plnoeehlo,' Ritz. 'Awake and Sing,' Daly's (Yid- dish). Iht Blf Blow,' Elliot; final week; 'Lite and Death of an American' may follow. flepbarn tSAM, %y[' $17,000 h%Hid)Fiiiale Boston,' March' 28. Both 'Philadelphia Stonr* and 'Sky. lark,' with Katharine flepbum and Gertrude Lawrence starred, re- spectively, .picked up In their second and final weeks here. 'Phlladelpbia' is going to New York .Immediately, and 'Snrlark' will tour for a lew weeks, lay off during the summer and reopen on Broadway In the early fall, according to tentative plana. Importance of Being Earnest' with (Hifton Webb and Estelle Winwood, opened last night (Mon.). 'Pinoc- chlo,' the WPA production. Is slated for April 11 opening here. Ruth Draper also opened last night (Mon.) to make up for an 'engagement can- celled earlier tills season. EsUmates In LMt Week 'PMbdelphU Btmry; Colonial (2d- final week) (1,643; $3J0). Finished ahead of flrst.ftame, with big $24,000. Blizzard slowed the opening week, but word-of-mouth brought in a sizeable contingent beyond the Guild subscription list both weeks. 'Skylack,' Shiibert (2d-flnal week) (1,590; $2.75). BuUt to nifty $17,000. AQUA. HgL Contract Set lor S^nh$ Today Ointract between the American Guild of Musical Artists and the two major concert bureaus k set for slgn> ing this afternoon (Wednesday). Pact was originally scheduled for inking Thursday (23) and then postponed to yesterday (Tuesday). Under the deal Columbia Concerts Corp. and NBC Artists Service will grant a number of concessions in the . concert and opera booking fleldsi. Terms are understood to be as out- lined in Variety' last week, with • few minor technical changes, . 44 VARIETY LEGITIMATE Wednesday, March 29, 1939 Hays Out of Town MY DEAR CHILDREN Washington, March 27. Comedy In threa acu (four sceneB) by Catlierlns Turney and Jerry Horwln; pre- ««nie<1 by Richard Aldrlch and Klchord Myers: Btnni John Barrymore: features Elaine Barrlc, Tala DIrell. • Philip need; atak-cd by Olio L. Premlnser; - aetilngs, Donald Oensla£er; at Iho National, Wasn- InKion, March 27, "30; »2.78 top. ■ _ Kiclnbach J'-?'.'; Rocd HniiHon Olto Huletl Ponla Trent Dorolhy McGuIre Tlicoinb.. George Reynolds Pellrc, Cumtess do Brltanne....Tala Blrell Allan Manvllle John Banj-more Albert .Roland Hocup MIr.mda Burton. . . . .' . .Lola Moll Cordelia Colby Elaine Barrle Irfe Slevenaon..; "S^^'J S\'lllnrd Nelson..... PhjUp Reed Jacques Korbl Stlano Brayglott Ernest Van Betke , .Leo Chaliel Barrymore, and three with Bariy more alone— got good-natured ap plause rather than ovation here. It was- because of mood the star seems to have deliberately created. Craig. Call this one a strictly informal but highly entertaining evening at home with the BarrymoresT-John, the mas- ter craftsman, relaxing, dragging his best lines out of the air, romping the gamut of his myriad talents and having the time of his life; Elaine, the craftsman's wife, posing, recit- ing and being sophisticated, with mathematical determination even when getting soundly spanked across the Barormore knee. Whatever the play started out to be, it's now merely a showcase for the best in Biarrymore specialties, embracing the great lover, the su- perb comic and the polished trage- dian In everything 'from Shake- spearean- tights to 'Alpine shorts-- even includes a straight rendition of To be or not to be.' which packs an authentic wallop. Lines, and Bar- rymore's interpretation of them, fre- quently kid himself and Shakespeare, but always good-naturedly and keep audience laughing, with— never at— both. Show needs plenty tightening and won't ever be polished theatre, but if Barrymore continues to enjoy it so will his fans. TipoS to mood is Barrymore's deliberate, full-voiced request on opening night to the E remoter to 'Speak up, so we can all ear you!' which stood as best gag of evening. Laid entirely in rococco drawing room of a Swiss chateau, story con- cerns Allan Manville, former mat- inee idoL whose weekend with Felice, a scheming countess, is thoroughly wrecked by the successive arrivals of three forgotten daughters by three forgotten marriages. All wind up as house guests, all have roiaantlc troubles, all lay. them squarely in papa's lap and papa, being a decid- edly nice guy at heart, sets about being an 'amateur father* with such enthusiasm that the countess nearly freezes to death in the greenhouse or on the terrace, as the case might be. Little things like selling his absent host's objects d'art to buy food and having to borrow extra bed clothes from neighbors don't bother Mr. Manville at alL Neither does a bill for 2,700 francs from a hotel where he fought a duel with-said host, even though said host, Munitions-Maker Ernest Van Betke, Is 'supposed to be financing Mr. Manville in founding a gigantic theatrical renaissance In America. But fatherhood ' 1& something else again. When Portia arrives as a plain, unloved physics student, he calls for his makeup box and' redoes her face, invites her straight-laced suitor from . London and has a fit when she turns into a glamour girl and skips off with an airplane manu- facturer. When Miranda shows lip disgusted with puppy love he spon- sors her romance with a Continental playboy, played by Philip Reed, and then discovers he Is married. When Cordelia stalks in he discovers his *pre-natal influence, or so mother calls it' has produced a sophisticated dame who plays the opposite sex for a collective fool as a pastime, Includ- ing her papa. The counterplots and ramifications get tangled and tmtangled very suc- cessfully, but what matters Is Barry- more quoting Shakespeare continu- ally and pertinently throughout, working in repeated observations tying directly into his own career and usiitg each situation as a° logical ■etting ior a selected histrionic dem- onstrattm.. Skipping Miss Barrle, whose performance has an Interest all Its «wn, second dramatic honors - easily /;o to Dorothy McGuire and Xiois Kail, as the pretty, adolescent d<'.ii''hters with love on their minds. Tala Birell, as the countess, and fh'Mo Reed, as her ex-boy-friend, do as well as they can in stock roles, Shoir carries huge -wardrobe, In. cludlAt; four super-sophisticated cre- ations for Miss Barrle, four changes lor Barrymore, and trunk of Shske- fipearean get-ups -which Mr. Man- ville brings on for a costume par^ In the second act. Single set Is shocking exaggeration of museum- like Europeain drawing room, but adds satisfactorily to general motif. Best scheduled line at opening flight came. In last act, when daugh ter Cordelia (Miss Barrle) returns to save Mr. Manville from being taken for a ride like- they do in America' by Mr. Betke and discloses that sh?*s an aspiring actress. Run- ning through a scene from "King Lear.' she gives the climax full-face to tiie ' audience, whereupon Mr, THE HEIGHTS Pittsburgh, March 25. ComedV 'ln three acts, by John N. Gil- christ; staged by Robert Alan Green: aet- tlnga. Bruce Cook; at the Kllbuck, Pitts- burgh: $1 top. ..... Cast: Maryan MeCIaIn, Mark Andrews, viola So-ule'. Enid Yvetta Trimble, Albert Oliver. Bold B. Jackson. Robert Hum- phries, Deborah ■ Elliott. C. Paul Crofford, Andrevr Wise, Nibs Nabor. about 'this mad world,' but doesn't offer any logical solution. Her weak- livered brother, babbling about need of money for his wifes expectant child, is exposed as selling out the communists to the enemy camp. That's revealed by a militant gal who only comes In from the street battle to gulp — believe it or not— a quick cocktail Manville explodes with Hey, I m King Lear!' It may have been in the script but no audience will be- lieve It „ ^. .„ "'Eveiybody's pulled Into the brawl If eight curtain calls— three with _£r(,ni' a labor-baiting department full cast one with Miss Barrie and | ^j^^g ^(,g„i . ,^^0 snatches a striker's „„A thrw. -u/lth Ban-v- piggajj to get home to a gushing deb from the deep south, and an old col- ored servant who's beaten to death. In addition to a score of cops and strikers, who rush onstage intermit- tently, the oflE-stage mob noises are so loud that they make the show more confusing. Another unexplain- able point is why the engineer leaves his gal to help the strikers. When shot down by a fascist his death creates only an apathetic feeling m the audience. Considerable of the dialog is brit- tle and amusing, but several charac- ters could be cut out. Actually the play's a diffused rehash of 'Idiot's Delight' with a dash of Odets. West- ern Reserve cast is good enough to vivify some unbelievable parts, par- ticularly work by Phyllis Campbell, as the hostess; Louis Krauss, as the store magnate, and June Abel, as a comniunist. Viktor Schre'ckengost's settings also are superior to the play. Pullen. Literati In bis endless quest for a new play with Broadway possibilities, Hobert Alan Green, director and op- erator of 44-seat Kilbuck theatre, has missed again in 'The Heights.' It's a light and pretty usual domestic com- edy, well written only in spots, and may get some summer stock atten-. tlon. But that's about all. New plays are absolute necessities with Greeii at Kilbuck. Capacity of the house makes royalty payments impossible since he sells every per- formance out to organizations and so gets only $24 a night Title refers to New York's Wash- ington Heights, where the action is located in apartment of the Dins- mores, a middle-class family: Two daughters, one a minor actress and other a thimble-brained stay-at- home; father, who's struggling in a real estate office, a nice guy who wants to be left alone, and an ambi- tious mother. Mom breaks up ro- mance between the thesp and kid downstairs and sees a chance to pro- mote good match with a wealthy suitor. Pop goes along when latter offers him a better job. But guy turns out to be married already and his wife swoops down on love nest, scandal breaking the tabs and dis- gracing the Dinsmores. Meantime, other daughter has wed a windbag, who turns out to be a garage attendant and he moves in on 'em. ' Her sister pulls out when she learns family doesn't give a hang about her, but only wanted her to stick with playboy for what they could get out of it' Tlie boy down- stars, meantime, gets a brancli man agershlp in Philadelphia, and Is will- ing to forget the past Characters in 'Heights^ are drawn rather knowingly, but there's noth- ing to distinguish play itself. Just another family get-together on the stage witi) stock people and stock situations. Most engaging pair are the father and ihe Montclair show- oil who settles for a WPA job, played by Mark Andrews and Albert Oliver. There's a moderately good performance, too, by Viola Styles, as the younger Dinsmore gaL Green's direction is excellent and he manages to keep his cast on the move, despite cramp6d quarters. Play's already sold but until June 1. Cohen. Night Between Rivers Cleveland, March 24. Drama In threa acta by Stanley Toung and R, I,. Duffua; presented by dmma de- partment ot Western Reserve University; staged by Ruth and Barclay Leathdm; set- ting, Viktor Sohreckengost; at Bldred the- atre,. Cleveland, week ot March 18, '£8. Cast: Phyllis Campbell, David Hyatt, Ruth Kennedy, Louis Krnass, June Abel, Howard Felten. Eugenia Strode, Cnrtbi Tann, Donald McConnack, Ellabetb Plory, Pay Treftort, Edward Colgan, Robert Mor- ris. Edwin Helman, James G. Card, Jr., Gerald ' Rupe, Tlra Thompson. George Holniea, John Price, Sewbrd Covert. Film Finds (Continued from page 1) When two ex-coUege professors — one a novelist and the other a not unknown playwright — get together on a new drama dissecting all tiie 'isms,' one would expect the result to be at least articulate and striking In Ideas. R. L. Dufllus and Stanley Yoimg have written a timely, heavy- actioned sermon against fascism and communism, yet they don't say any- thing that hasn't been said before- more specifically, by CUiford Odets. Their opus- has an exciting back- ground and some strong stuff that holds attention. It juggles social credos rather deftly at times but In the end the two authors leave them up In the air. They never bring it to a sharp, unified dramatic point nor do they ever make their strike victims act like human beings. A tirst-rate play-doctor might trim the piece Into form for Broadway, but he would wear out a gross of thick pencils on the cutting.' . The city-wide strike led by com- munists occurs under the -windows of a Manhattan penthouse, where a suc- cessful femme Interior decorator is giving a party. Her aparbnent be- comes almost a racetrack for about 35 slightly cracked people, who take the stump periodically to spout their political beliefs. There's the._liostes9, .a fugitive from realism, who -wante to escape to peaceful Vermont Before that hap- pens she falls for a brilliant young engineer, who wants to do something 20th-Fox's new talent was recruited from the stege. Many of the players now are priming in the studio's stock school. Nancy Kelly came from Broadway, likewise Amanda Dufl. . Little theatres are fine-combed by 20th-Fox, but have produced little either in the way of plays or players. The studio sent scouts out over the country, which resulted In the sign- ing of two players, Mary Healy and Dorris Bowden, who has been re- named Judith Dickens. Lynn Bari and Marjorie Weaver came out -of the studio's own stock school. Studio also maintains a department in New York that scouts for plays, talent and stories. Only one radio story has been purchased by 20th-Fox, the serial by Katharine Kavanaugh which has be- come the Jones Family. Execs at 20th maintain that about 1% of persons tested make good in films. Write Their Own More than - half the stories pro- duced by Zaiiuck are originals. The rest are divided about equally among stage plays, books and magazine stories. For 1939-4(1^ the books that may be noted are "The Rains Came,' by Louis Bromfield, and 'Drums Along the Mohawk.' Warner talent executives assert that the stege provides approximate' ly 75% of their new telent with the little theatre next Radio is prac- tically nlL List of new players and their origin are: Eddie Albert, stage; Al- drlch Bowker, stage; Morton Lowry, stage; Ila Rhode, little theatre; Fred Tozere, stage; Marjs Wrlxon, little theatre; and Geraldine Fitzgerald, stage. Warners figures on stories are: originals. 60%; plays, 15%, books, 15%, magazine yams, 10%. Buying of radio scripts is virtually nil on the lot As at most studios, talent tests are made on the Coast WB scouts con- tact every i>osslble source of sup- ply from beauty contests down through the niterles,. little theatres, eto.. Metro executives declare that they have had unusual success in the last months with talent culled from the little theatres. Laraine Day, termed best prospect on the lot for some time, came from a little theatre In Long Beach. Calif. Other recent finds from the ranks of the amateur and. semi-pro thesps are Rand Brooks, Tom Neal, Ann Morris and Jo Ann Sayres. .Only Bradley from Radio Radio has contributed compara- tively little in the way of talent at Metro, Truman Bradley, announcer for Ford Symphony for many years, being about the only representative of the ether waves on the lot Metro's original screen stories run about seven -to one over both pub- lished works and stage shows. There has been no' recent purchase of radio stories for films at the studio. JMetro's testing is done both here and in New York, with scouts cover- Ing little theatre presentations, road companies, vaudeville and legit at- tractions. Frequently Metro'sbrancb managers recommend talent and then the studio's process of grooming a player Is started. Metro tops ob- serve that about 5% of those recom- mended for screen tests makes the grade. Meeting •( the Minds Twice In the past month the New York Dally News and Mirror, morn- ing tabs, have hit the stands with front page headlines identically worded. Each time heads were re- set for subsequent editions. They were Nazi stories. One of two of the similarly headed sheeta almost had identical back page heads, too, the difference being only the dropping of the word 'and,' I,atter was report of baseball train- ing game results, SeattM Bag Nicked Reinstatement with back pay -was ordered by tile United States Cir- cuit Court of Appeals this week for Frank Lynch, chief photographer, and the late Philip E. Armstrong, drama editor, both of the Seattle Post-Intelligencer, a Hearst publlca-^ tion. It was their dismissal in July, 1936, that precipitated the Newspaper Guild strike against the paper. Court held Armstrong's estate shall collect the back pay from the time of his dismissal untU his death. Boyorottors Bankrupt Bid of $80,000 was made last week by Samuel G. Guard, Indiana pub- lisher of farm and home periodicals, for the Roycroft publishing proper- ties of East Aurora, N. Y. Offer, which was submitted to Federal Judge John Knight will be turned over to the Roycroft creditors. Steps taken recently for reorgani- zation of the Roycroft properties un- der the bankruptey act. Creditors said to be willing to sell. ' Guild Included 20-week severance pay. Guild shop, five-day week after Labor Day, and wage question to be determined by an arbitrator within 60 days and to be retroactive to date of ratification. Library Commlsh Kind* Casnal First meeting in five years of the N. J. State Library Commission held last week in Trenton consumed but three minutes, but was sufficient to reelect Haddon Ivlns for a new five- year term as State Librarian. Post pays $5,000 a year. Iviiis regularly Is editor of the' Hudson Dispatch, published in Union City. News Baps Nasi Toarism Carl Warren's new series in the N. Y. Daily News gives flie brush- off to . the German tourism agencies in New York which would woo American sympathy — and dollars — with fancy literature anent a now extinct German kultur. It also did the same to Soviet's tourist lureics. Warren also did a crack series on the forthcoming N. Y. World's Fair, and the News editors thought so much of it that running stories on the Fair are being continued. Guy Richards is now covering that The News, incidentally, hasn't changed ita format, but modified its style a bit running datelines on the side columns instead of the ortho- dox top-of-the-page. It gives each page greater depth that way. Topical— Weeks Aheai Bugs Baer uses a crystal-ball rou- tine whenever -writing his ' stuff in advance, working on the theory ot discounting world events. Since the international political map has been a shifting scene right along,, that's no small feat On the Hearst columnist's recent three weeks absence on a West In- dies cruise he had to be six weeks in advance and yet maintain timeliness. When the Baer family motored from Italy north to London he had to write his stuff three months la ad- vance. Larry Nixon's New One Sequel to 'Vagabond Voyaging* by Larry Nixon has been turned in to publishers Little-Brown. Tentative- ly titled 'Vagabond Vacationing,' it will hit the stands in early summer. Former press agent- last with WNEW, N. Y., Nixon is now devoting all his time to book and magazine work. Patnam Back In PabltsUng . George Palmer Putnam, - who re- cently began preparations to return to the publishing biz, out of Holly- wood, gets started next month. Had planned on a July start, but has . a work of fiction on Hitler which he believes can't wait that long and has put it on the press at once. Has eight other no'vels to follow. Putnam won't have his own sales organization, arranging with Ives Washburn to represent him in the East and William F. Hobson on the Coast Eastern sales arrangement made by Putnam on a trip to N.Y. around two months ago, at which time he sold the Westehester estate he occupied with -Amelia Earhart; Wllkcs-Barre Near Peace Settlement of the six month strike of the American Newspaper Guild against the three Wllkes-Barre, Pa,, dailies, did not permit resumption of the papers on Friday as expected. New snag arose when publl^ers were unable to agree on a new agreement \irlth printers and press- men, whose contracts expired during the strike. Terms ot the settlement -with tbe NEW PEBIOPICALS Newsmag is new weekly sponsored by the Newsmag Publishing Co, headquartered in "Sf. Y. Head of Newsmag is Wadsworth McKIttrlck, with Charles A. Ballou, Lewis O. Edwards and George J. Wagner aa-r soclated in important capacities: 19th Hole is a new golf magazine, with publication offices In Philadel- phia. To appear monthly. Editor is Mort Fetterolf, Jr., of the Philadel- phia Evening Ledger sports staff. LITEBATI OBITS THIS WEEK Harry G. (Pat) Cray, 62, veteran Milwaukee newspaperman, died ' March 20 in Chicago following a stroke of paralysis. He was for many years political reporter for the now defunct Hearst rag, the Wiscon- sin News. ' Waddy Thompson, 72, former newspaperman and magazine and book writer, died last week In At- lanta; Ga. After an early career as a newspaperman, he took to mag ' and bpok writing, specializing In his- torical subjecta. Best known lor History ot American Progess,' on which he colabbed with Fremont P. Wlrth. Dr. laaae Huslk, 63, author and editor of the Jewish Publication So- cle^, died Wednesday in Philadel- phia. Had been editor for the pub- lishing house since 1924. Wife sur- vives. Kate Dlokinseh Sweetser, author ot many books, died Wednesday In N. Y. Daughter of Charles H. SweeU ser, one-time editor of the old N. Y. Mail and Express, and second cousin of Emily Dickinson, American poet- ess. Miss Sweetaer authored around a dozen books during her -writing career. Lewis G. ElllBeham, 71, a pub- lisher in Indiana for nearly 50 year^ died Saturday night (18) at his horn* following a short illness. He pub- lished Geneva Herald, Winchester Democrat and Decatur Democrat be- fore taking over Ft Wayne Journal- Gazette In 1916. He relinquished hia . hiterests In the paper in 1934 to be- come postmaster for Ft Wayne, posi- tion he held at time of his death. Max FIsohel, 75, N. Y. police re- porter for 68 years until his retire- ment eight years ago with the sus- pension of the livening World, died Friday at Long Branch, N. J. Start- ing as a reporter lor Bigney's News Service, he later joined the old Evening Sun. Subsequently went to the World. Called by Irvln Cobb and other contemooraries as one ot best police reporters profesh ever had. Eliot Keen, 60, editor of Silver Screen, motion picture magazine, died March 27 in a Brooklyn hos- pital from. a heart ailment He had edited Film Fun and The Passing Show before becoming editor of Sil- ver Screen in 1931. Surviving is his widow. Harold's. (Hal) Sharkey, 45, sports editor of the Newark (N. J.) News, , died In a Montclair. N. J., hospital of pneumonia March 27. He had been 111 a week. He was well known as a golf authority and writer. Survivors are widow, father, brother and sister. . Annie Emille Poulason, 85, prblifle writer of books lor more than half a century, died last week In Brookllne, Mass. Born in Cedar Grove, N. J., she made her home in Boston for many years. Noted for her books for children. ' CHATTEB Vicky Baum to England. Erich Maria Remarque here on his first visit Eve Curie will do a new book while here. Memoirs of Oswald Garrison Vil- lard appear next week. Real name of Nevil Shute, author of 'Ordeal,' is NevU Shute Norway. William A. Bell, Jr, ot the PhUa- delphia AP bureau, in N.Y. to wed. Writers' School of the League ot American Writers arranging a course (Continued on page 45) Wednceday, March 29, 1939 CHATTER VARIETY 45 Broadway Leon Netter back from Bermuda. •Tom Bodkin to Coast to manage •Our Town.' , , ' , , Derek WilUams, legit player, back from Florida. j, » > * , Maurice Bergman on a diet to take off avordupois. Bill Engel, Birmingham theatre realtor, la In town. • . . , Gabriel Hess, Hays legal head, on West Indies cruise. Bob Weitman away Saturday (25) on a Bermuda jaunt Terry Turner writing and p.aJng ■ct for Tony Galento. Fannie Hurst interesting herself 'in tralTic safety Droblems. Miles In^ls is just about settling down at Music Corp.. of America. Juliette Dortj secretary to Herman Shumlin, planed to Florida for rest E. K. O'Shea is getting over sun- burn poisoning that got him in Miami. V}rvyan Donner's 10th anniversary with Fox Movietone News fashion dent • . • Arthur Schwartz, the composer, TMTT take a band unto himself for radio. Paul Stewart society editor of the N. Y.. Sun, back from a. Caribbean cruise. Ed Olrastead, writer at Universal In Hollywood, has sold two stories to CoUieFs. Ivan Donald Morrison to Buenos Aires to write .on Liatln-Amerlca. show biz. Henry Senber, p.a. for the Mer- cury Theatre, has rejoined the Dick Maney staff. Riv Bisland, of Hippodrome, to Los Angeles to handle ticket sale of Louis-Roper £ght. - Brown Advertising Agency in vol- untary bankruptcy; llabUities of $56,- 950, assets $28,468. The Arthur Schwairtzes detoured to Montego Bay, Jamaica, from their West Indies cruise. Donald Flamm (WMCA prez) to briiig over several refugee families to till his Jersey, farm. VInce Barnett says he drives only at night so he won't have to read those Burma shave ads. Alison Slcipw'orth and Jean Muir will guest-star in liittle Women' next week at Maolewdod, N. J. Quentihe Reynolds back from sur- veying the Coast situation, including the Frisco Fair, for Colliers. Noel Coward nixed idea of going into 'Set to Music' with Beatrice Lillie. Sailed for home, instead.. -Emanuel Silverstone, Alex Korda representative on this side, glad- handed since becoming a father. M. A. Weiss, formerly associate editor of Esquire, will publicize one of the N. Y. World's Fair exhibits. J. K. Jerauld in Roosevelt hos- Eital following a . serious operation, [ad been on jury duty when stricken. Una Wyte (Mrs. Lee Mortimer, N.Y. Mirror) set for opening show at Ben Marden's Riviera in early May. Irving Maas, 20th-Fox foreign . service manager, leaves St Vincent's ' hospital this week after minor oper- ation. I. Robert Broder In Washington early this week to be sworn in for practice before the U.S. Supreme Court Leo Brandfleld; formerly 20th-Fox ■ales head at Prague, transferred to home office. He will bring his family over later. Harry Buxbaum, Jr., on of 20th's N. Y. district manager planed from Miami to Hollywooo, where he mdy remain permanently. Anthony VeiUer returns to the Coast at the end. of this week to assume new duties as Paramount production' executiive. Finis Farr (radio scripter) and Frank Norris (Time maffs co-man- aging -ed) have authored a play which George Jesael may do. Norman Moray, shorts sales man- ager for WB, on a tour of exchanges, following which he will 'look in on the studio crowd at Bucbank. Josef ZImanich, musical director and eastern studio manager for Na- tional Screen Service, left for the Coast Friday (24) for a short vaca- tion. Cresson E. Smith, western-south- ern sales mgr. for RKO, left Sunday (26) for St Louis, first of several exchange stops he will make in his territory. George Abbott back from Palm Beach. Has no more production plans for this season, but still in- tends doing a new Rogers and Hart . musical in the fall Tlie Will Rogers Memorial Com- ' mission has set June 6 as date for unveiling of Jo Davidson's status of Will ftopers in the rotunda of the state cacitol at Oklahoma. Walter Winchell responded to a call from Dan Healy at the Catboa Club preem and told the 'cub re- porters' present that he 'guaranteed this is the best of the Cotton Oub shows.' George Zuckerinan,'p.a. for Asbury Park, has gotten up a 'Fugitive from the Fair" society, Robert S. Close prez, as a gag stunt Sanctuary for New Yorkers is, of course, offered In Asbury Park. Sherman Billinvsley's Stork Club, already embarrassed with riches, throujdi constantlv turning away tourists, et al.. stlU conthiues ex- pertmenttng with no. ad stunts. Newest giveaway gag U a set of trick dice.'. .Gloria ■ Si leo, daughter of Jimmy Sileo, who. banijles photography for various film company affairs, went on the air last night (28) for 'We, the People,' program over WABC to tell of her recent experiences in Spain. Signing himself 'your loving hus- band,' Frank Wallace, personaling at Club Miami, Newark, invited Mae West to visit his nitery during her current Newark stage booldng.. Ad in the Newark dailies attracted much attention. Report that Chaney and Fox, terp duo at Jack Lynch's Walton' Roof, Philly, would bust up shortly be- cause of the marriage of Mayrls Chaney to a San Francisco publish- ing biggie, denied by Miss' Chaney. She's not married and doesn't con- template marriage. Miss Chaney said. Paris By Hngo Speck Marcel Sablon in from Nice. Dorothy 'Dlclcson in from London. Harry Laup held over at Folies 39. Georgius topping new Bobino re- vue. Suzy Solldor in from Scandinavian tour. Charles Boyer scheduled back in June. 'Street 6f Fishing CM,' by Yolande Foldes, to be filmed. . Alina de Silva heading Poisson d'Or nitery offerings, Robert Slodmak added Pierre Renoir to cast of 'Pieges.' Pearl White's works of art, furni- ture and jewels auctioiied. Jacqueline Potier in from series of piano recitals in Belgium. Nadio Mirova, in from . European tour, back at.Sheherazade. Benjamin Fainsilber, co-director of weekly Cine'monde, dead at 34. Joe Choquette mulling converting his garage into 1,200 seater cinema. Restaurant des Ambassadeurs clos- ing for summer season redecoration. Clotilde and. Alexandre Sakharofl recitaling at Mediterranean Palace, Nice. Josephine Baker and troupe off on short South and Central American tour. Monique RoUand signed with Carl Lamac for lead role in 'Narcisse,' aviation film 'Victor Francen signed with Abel Gance to play title role in 'Christo- pher Columbus.' Genevive de Saint-Jean due to ap- pear with Sacha Guitry in new play by latter at Theatre Jladeleine. Marie Grlory off to Italy for femme lead in 'La Femme en Danger,' which Max Neufeld is making. Volkoff to make 'Kean,' adapted from Alexander Dumas' work, with Jean-Louis Barrault In title role. Tropica,' new pla^ by lifadeleine Masson and Joan Lmdergh, opened at Theatre Charles de- Rocfaefort Jean Louis Barrault to produce ■Le Faim,' adapted from Knut Ham- sun story, at Theaitre de 1' Atelier. Lennart Reutersldold in, making arrangements for Duke Ellington concerts. Then back to Stockholm. Henri Jeanson, recovering from broken leg, writing new scenario with comedy role for Corlnne Luch- aire. Marcel I'Herbier ended 'Entente Cordiale' and shooting 'L'Etegance,' short destined for N. Y. World's Fair. New National Theatre de Challlot, built for «xpo on old Trocadero site, officially opened by President Le- larun. Florence Luchaire, 12-year-old sister of Corinne, given role by J. Benoit-Levy in his next, 'Grandeur Nature.' Bal de Moulin Rouge to be re- opened by Pierre Sandrini in Octo- ber on 50th anniversary of famous hangout Leon Poirer off to Congo with technicians to shoot exteriors for 'Savorgnan de Brazza,' tracing ex- plorer's- life. Siritzkys have added I.es Por- tiques. Champs Elysees showcase, to their circuit, giving them seven out- lets in Paris. Danielle Darrieux's next will be 'Une Fois dans la 'Vie' ('Once in a Lifetime'), which Hubby Henry De- coin is expected to direct By Lea Bee* Leon Prima band at Happy Hour night club. . Mort H. Singer and Morgan Ames stepped over. Twin City Variety club tossing Easter party April 9. Norman Moray, Vitaphone general sales manager, in town. Paderewski's Sunday matinee drew near capacity to Auditorium. . Burton Holmes penciled into Lyceum March 29 and April 5. Bill Watmough, Grand National salesman, out in economy .move. Henry Herbel, new Warner Bros, district manager, paid first visit here. W. J. Helneman, Universal western division manager, held sales meethig here. _ Joe Behan, Warner Bros, heui booker, over the fiu and back at work. Joe Wolf, Paramount city salesman, flew to San Antonio for mother's funeral. ■ Sam Sherman, of the Reno Wllk Independent exchange, has play un- der consideration for production in N^w York, London . Morris Helprtn haa arrived. Xlack Egger in hospital with gout Flora Robson back from Holly- wood. Leslie Sarony due to marry Anita Eaton April 3. Roy Byford, Shakespearean actbr, left $60,000 estate. 'Of Mice and Men' being revived at the Gate theatre next month. Glenls Lorrimer, newcomer in British films is daughter of Harry Ostrer. Horace Collins in town to look over talent for his five spots in the provinces. Albert de Courville to 'direct 'The Life of Edgar Wallace' for Sam Smith, boss of British Lion Film's. Veioz and Yolanda signatured by Martlnus Poulsen for the Cafe de Paris. Open Sept. 11, for four weeks with options. Cliff 'Whitley one of many 'Who made offers for the . production in London of 'Hellzapoppin,' current N. Y. musical leader, Kenneth Hall, part owner with his brother of Quality Inn, has become engaged to Clarice Hardwicke. Both are xiatives of Australia. Early Court due to their majesties' departure for C:anada and New York, has given London's night spots lots of added gravy this month. Lita D'Orlay, the tossed-one of the Stuart Morgan Dancers, at London Palladium, in hospital with fractured knee-cap.. Act replaced by Maurice Colleano Co. temporarily. Henry Sherek has lent Vic Oliver to Earl Bailey for the new (Srbsvenor House .'fioor show, opening May 4. G.H. is op^sition to Dorchester hotel, of which Sherek is exclusi've booker. Charles L. Tucker has booked Frank Paris and his marionets. Seven Wallabies and Five Herons with Jacic Taylor for new seasonal revue at the Opera House, Blade- pool, opening July 15. By Bcrb GeMen Jane Wyatt lectured here' last week on 'Glories of the Legitimate Stage.' Sam Gross, of 20th-Fox, back in town after a quick vacash in Hot Springs. ' Taylor Grant setting up Philly's first and only independent produc- tion agency. Morris- 'Wax and John Golder back from Florida. Harry Weiner, of Co- lumbia, on his way. Father and wife of Jimmy Miller of the Byrd theatre seriously injured in', an auto crack-up. Allen Lewis back on his feet after an attack of -grippe. Likewise Frank Ackley, of the Carman. Wally Sheldon and Harry Marble doing a comedy sketchbook of hu- morous' happehings on the air. Sandy Guyer, WPEN gabber, named- io- staff of Ritz Studios to teach radio tiechnique and announc- ing- Cliff Hall now doing his keyboard- vocalizing at the-Queen Mary in N.Y. BiU Dyer back after 7,000-mile auto tour. Byrum Saam, making tour of spring training camps after winter in Texas, due back at WIP mike about April 1. Lee Vines has replaced Louis Pierce on WIP gab' staff. Lewis Fisher, U. of P. stude, replaced Vines at WCAM, Camden. Leonard Sussel has resigned as- sistant managership at the Studio, while Ira .Turner has tossed up the maoagerial post at the Tioga. Victor Lozinak, former maitre de at the Adelphia, now assistant to Jack Lynclv while Joe Malito, of the closed Arcadia, is new maitre de at Benny the Bum's. New Haven By Barold M. Bone Worthy Hills recuping from auto crash. The Harry Shaws touring West Indies. Billy Glason m.c. at local masonic VBude jamboree. Morton Downey's father, crash victim, on mend. Wortliy HiBs opens new nitery tagged Baybroolc Yale Glee Club goes on European jaunt 'this summer. Healthy advance sale on D'Oyly Carte week of April 10. Annual drahia tourney is due April 17-20, with 12 groups entered. Lincoln .reverts to former man- agement under Gilbert Josephson.- Annual drama tourn^ opens April 17. Alexander Dean is chairman. Frank WIeth circus at Arena week of April 24 under K. of C. auspices. Frank Wirth circus due at Arena under K. of C. auspices week of AprU 24. Vincent Flore, builder of Forest theatre in AUingtown, arrested on rubber check charge here; bail $3,500. Manager Daggett M. Lee, of Wbol- sey concert series, bringing in seven instead of usual six . concerts for 1939-40 season. MoUie ' Picon and Willie and Eu- gene Howard set for Arena vaude l)eneflt for Jewish home. Henry Youngman will m.c. 'First Offenders' (Col) bad world preem here; film is based on mate- rial furnished by local sheriff, J. Edward Slavin, who' is portrayed in pic. SL Louis By Sam X, Hurst Jimmy Harris, p, a. at Loew's, to undergo minor op. Johnny Perkins sojourning with Cards at their St Petersburg, Fla, training camp. Improvements costing $200,000 at Municipal theatre in Forest Park Hearing completion. Warner Bros, invite to local crix for trek to Dodge City, Kans., for world , preem of 'Dodge City,' went a-t>egging. Recital : by Nathan Milstein, in opera house of Municipal Audi- torium, ' closed ISth season of Civic Ilusic League. Buddy Lewis, burg's leading pro iceskater, has inked contract to ap- pear in 'Son Valley Winter 'Wonder- land' at New York Worldfs Fair. Julieh Bryan has been booked by Paul Belsman for a lecture on 'Inside Nazi Germany' in Municipal Audi- torium April 13. Top will be'$1.50. Laboratory group of Little Theatre presented four performances of 'Stage Door,' piece being presented in art gallery instead of the theatre. Mildred Basden directed. Film Group- of St Louis has ar- ranged new revival series to run from April 6 .to May 4. Some of the pix booked are 'Four Horsemen,' 'Greed.' The Big Parade,' 'Anna Christie.' Connie Leo Sperl, Jr., seven, a na- tive, has been inked to a term con- tract by Paramount He is skedded to appear in a film with Big Crosby. Lad's screen name -will be Ijcon Tyler SperL An advance sale of $10,000 for the first of the three operas sponsored by the St Louis Grand Opera Assn. is reported by James E. Darst, manager of the Municipal Auditorium. The first 'Die Walkure,' win be presented April 17. Hollywood Literati (Continued from page 44) for beginning scribblers under Myra Page. Flora MacFayden moving her typewriter to. a Pennsylvania farm. Nat Whitman readying a new pub- lishing project, Key Publications. Golden Rose of the New England Poetic Club awarded to Leonora Speyer. Charles Graves, London columnist, writing a book on his trip to America. Richard E. Briggs, of Ronald Press, the book publishers, weds Mary BUI shortly. Edna St Vincent Millay has deliv- ered a new volume of poems to her publisher. Harper's. Reilly It Lee publishing a novel on the film capital, 'Hell, HoUy- woQd,' by Jack Preston. Robert. Sanford, who Is with the mags. Spur and The Sportsman Pilot weds Ruth H. Elcks soon. J. Barrows Mussey, the former book publisher and now a scribbler, has taken a bride, Jane Alley. John P. 'Marquahd making public appearances In Qtfston to autograph his. new novel, 'wickford Point' Mrs. James Abbe and the three young scribbling Abbes, Patience,- Richard and Johnny, off to France. Alfred K. Stern added to the board of directors of Modern Age Books, publishers of those paper-bound vol- umes. Oalton Trumbo, the film scenarist has delivered the script of a new novel, 'Johnny Got His Gun,' to Lip- pincott. Pamela Frankau following in the steps of tier dad, Gilbert Frankau, and Is shortly to have her first novel published. Mark Van Doren Is lecturing at colleges and other places on Benja- min Franklin, the subject of his best- selling biography. First novel by Wells Lewis, son of {Sinclair Lewis, entitled "They StiU" Say No,' to be published by Farrar & Binehart April 17. Robert L. Johnson Magazines pre- paring a mag for patrons of the Savoy-Plaza Hotel. N. Y., to be known as The Savoyard. Desmond Hawkin.1, literary editor of the mag, Purpose, will have his first novel, 'Hawk Among the Spar- rows,' published by Knopt Paul Wellman, whose novel, 'Jubal Troop,' Carrick & Evans brings out March 31, already at work on an- other book, this one non-fiction. Lewis Gannett, hook crick of the N. Y. Herald Tribune, has done a personal and bibliographical piece on John Steinbeck, which Viking will issue as a pamphlet simultaneously with the publication of Steinbeck's new novel, "The Grapes of Wrath.' Eddie Peabody divorced. John Balaban gandering studios. Ch..rles R. Rogers home with flu. Pandro Berman back from N. Y. Ray'Milland on Hawaiian vacash. Zeppo Marx around after' flu at- tank. Harold Lloyd bruised in motor crash. Martha Raye bought $46,000 valley home. . - • . Elliott Nugent ailing from bron- chitis. Jan Masaryk guest of Warners and Metro. Errol Flynn back from Mexican vacation. Smiley Burnette touring south and midwest Paul Snell joined Jessy Lasky as radio p. a. Mrs. Eleanor Roosevelt visiting her son James. Sinclair Lewis gandering studios 'as a tourist' Jack Woody fractured a leg stunt- ing at Metro. Jack Randall touring Idaho for location sites. John Farrow awarded fellowship by U. of India< Douglass Montgomery back after year's absence. Sam Kurson in from Maine to gander product Louis B. Mayei' 'recovered from throat infection.' Sol Lessers celebrated 26th wed' ding anniversary, Ed Rawlings Joined Bob Brandies* agency as associate. Sophie Stewart here from London to talk picture deals. Billie Burke back to work with fractured foot in cast Melvyn Douglas to Sacramento as state relief commissioner. John Steinbeck working on new novel at Los Gatos, Calif. -Harold Rodner here to make. trail- er for Will Rogers Memorial. Flu kept Howard EL-ickllng from the Chicago-Metro conventloa Frank C. Walker here to gander p'roduct for Comerford Circuit Kay Daniels doing series of Hol- lywood yams for Bell Syndicate. A. E. Hughes paused on his vrar from New South Wales to England. Paul Kline looking over product for his 13 theatres in the Canal Zone. Uncle Sam asking Miriam Hopkins to pay $26,'806 additional income tax for 1936. F. -K. Arthur succeeds Dan DCLuce as Hollywood columnist for Asso- ciated Press. Walter Connolly and Clarence Brown slated for summer lectures at Mohawk Drama Festival. Fox-West Coast district managers tossed dinner to welcome Charles P. Skouras, home from Europe. Jimmie Fldler added L. A. Times to bis Hollywood pillar customers, making a total of 125. Tbnes has three other film colomnists, Edwin Schallert .Read Kendall and Hedda Hopper. Nate Piatt and frau readying for Coast trip. Boyle Woolfolk laid up for a few days wlth gr^pe. Quin Ryan off to Florida for ■ visit with the family. Minuet Club dropping floor shovfB for a couple of wedu. Tony Owen handling special ex- ploitation for the Congress. Erich Eisner, Czedi refugee offi- cial, to address Ballyhooera. Lew Lipstone, Paramount musical director, in town on short visit John WUdberg TWA'd to the Coast on a Him deal for 'Angela Is 22.' ■ John Balaban and- Nate Plat of Balaban & Katz, packing for Coast jaunts. Ted Weber arranging social shin- dig for entry of Adelaide Moflett In Chez Paree floor show. Sam Ward ahead of Harry Itogefs* all-colored swing Hlkado.^ James Innes signatured as musical director for the vauder. Miles Ingalls, chief of Music Corp, of America talent department, was in town last week for an o.o. of local situation while on MCA tour, of gen- eral inspection. Palm Beach Binnle Barnes sun-and-surflng with the Alfred HItcheocks. Society of 4-A£t3 decided to con- tinue showing of feqreign plx nert year after this season's trial Stay through Maiy is again the cry. Pelican changed plans and will st^ open all summer, ditto the S2nd Street Val Ernie, with plans changed about opening at the Detroit A. C, goes into El Morocco, N. Y,, Instead. Farewell at Whitehall was Saturday (25), Arthur Warren band replacing for two weeks. City officials, merchants, realtors, eto., debating publicity plans for. island. Chamber of Commerce wants to break down Idea Palm Beach la the rendezvous of the ultra ultrA; wont winterltes who look for shack in 15 to 20 G. price range, but so- ciety fears a trailer invacion, and I9 batUlng (he publicity plans., OUTDOORS vacationing in Vera Cruz, Mexico, March 16, Burial was in Mexico City; Palmer was a director of the pic- ture house circuit, Cines Modernosa, S. A. Wednesdajr, March 29, 1939 EDWARD A. P. .WLTON Edward Antonio Paulton, 73, play- wright, lyricist and scenario writer, who wrote more than, a score of mu- aical comedies and Ught operas, died In Hollywood, March 20, after a brief Illness. Originally an actor, he was born in Glasgow, and for the last eight years had been a film scribe and dialog writer. For more than 45 years active In the American theatre, he came to New York In 1892 with the London Gaiety Co. He subsequently aban- doned his careei: as an actor to de- vote himself largely to writing. Son of the late Harry Paulton, a well-known comedian and librettist In his own right, while still a stu- dent he aided his father in prepar- ing the musical comedy hit, 'Erml- nle,' an adaptation from the play, 'Robert Macalre.' A success in Lon- don, It opened in N. Y. the follow- ing year and was so favorably re- garded that it ran here for more than 500 performances. It was re- vived several times thereafter. Productions in which he either contributed .he boo!-, lyrics or adapted were "Little Boy Blue,' •Nlobe,' 'Flo-Flo,' "Winsome Winnie' and the 'Royal Vagabond,' among others. Member of the Catholic Actors' Guild, and believed to have been the In Fond tttanrj of On* of the Bnt Frienda I £rcr Had F. B. HAVILAND Wha Died March t», lOSt JERRY VOGEL 16 as a juve in a mlnst si road show, and later became advance agent for George M. Cohan. At various times, too, he was a stage producer, film exchange manager and exhibitor. Going to Detroit in 1915 with the Casino Feature Film Co., Elliott later managed the old Washington thea- tre there before becoming manager of the Palms-State. Survived by widow. GEORGE REEVES George Reeves, projectionist at the Paramount, N. Y., dropped dead Friday night (24) after coming home from work. Only' 34, his death is ascribed to a heart attack. Sur- viving are his widow and two chil- dren. Reeves was a member of Local 306, Moving Picture Machine Op- erators of New York. EMILY MILTON Emily Milton, 72, retired vocal in- structor, who numbered many promi- nent contemporary singers among her pupils, died of pneumonia March 21 in a New York hospital, where she was taken upon being stricken at her hotel, Mrs. Milton studied olce in Paris under, the late Pauline Vlardot- Carcia and later sang in opera con- certs abroad. Upon returning to America she operated a vocal studio in N. Y. and occasionally appeared in recitals. A daughter stirvlves. MAIUON BALLOU Mrs. Marlon Ballou Pouncefort, 68, veteran stage and screen player, died in Hollywood March 25 following a long illness. As Marion Ballou she went on the stage at 18, playing for Charles B. Dillingham, Charles Frohman,. the Shuberts and William A. Brady. Her most notable plays were "Beggar on Horseback,' Through the Years' and 'My Maryland.' Her films included •Little Women,' 'David Copperfleld' and 'Camille.' She had been in line for a role in "Gone With the Wind' at the time of her death. oldest living member of the Lambs Club, he Is survived by his widow, Mrs. Jessie Storey Paulton, an ac- tress; a daughter and two sons. GUS LEONARD Gus Leonard, 83, who for more than half a century played before audiences in Europe and Uie U.'S. as a stage, vaudeville or screen come- dian, died at his Los Angeles home March 27 after a long Illness. Leonard, bom Gustav Lerond In Marseilles, France, migrated with his parents to California whilie a boy and started his stage career in San Francisco around 1860, where he Joined Tony Pastor's first road show. He created a drunken waiter act which became well known In vaudeville. Leonard began work In films in 1915, when he joined Harold Lloyd, later appearing In other productions. He made his last appearance in the Nelson Eddy-Jeanette MacDonald starrer, 'Maytlme.' Widow survives. DICK LANCASTER Dick Lancaster, 48, for 12 years member of the comedy, singing and dancing turn of Barry and Lancas- ter,' died March 22 at his home in New York of a lingering illness, His right name was George Sheldon Brown. A veteran of the World War, be was spotted mostly as a next-to-clos Ing act with his partner, Bobby Bar- ry, who's currently appearing In 'Hellzapoppin' on Brdadway. Funeral services were held Saturday (25) in N. Y., and burial vitii full military honors followed in Brooklyn. . His widow, Emily, sister of Bobby Barry, who toured In vaude with the Barry Sisters, and a' daughter survive. JOHN WAGENER John Wagener, 65,' former hotel executive and restaurateur, who in a 16-year association with Reisen- weber's Restaurant was responsible for developing that establishment Into one of the foremost institutions of its kind in New York, died of a heart attack March 21 at his home In Forest Hills, N. Y. In 1913 . he persuaded Ned Way burn to produce a revue at Reisen weber's, thus, it Is believed, setting a precedent for modern cabarets and floor shows. He also was noted for having inaugurated the jazz era Gotham by importing to N. Y. the Original Dixieland Jazz Band. He was also a former manager of the Ziegfeld 'FoUies.' GEORGE KIRSCH George Klrschgesser, 62, retired circus performer, known profession- ally as George Kirscb, died of heart disease March 25 In a New Bruns- wlclc, N. J., hospital. He appeared in a lassoing act with Ringling Bros., Hagenbeck Wallace ^and Frank Rob- ins circuses. . He leaves two children. GEORGE (RED) CORCORAN George (Red) Corcoran, 34 radio comic , and writer, died March 27 In Iios Angeles. He had been Al Jolson's writer two years, and recenUy renewed for the Dick Powell program. Widow and parents survive. EHHIT B. RICE Emmit B. Rice, 65, former film ex- ecutive, died March 23 In Los An- geles. He was once associated with D. W. Griffith in the Reliance-Majestic Co., and iappeared in The Birth of a Na- tion.' HARRIET READSHAW BROWNE Harriet Readshaw Browne, concert pianist, poetess and drama lecturer, died of a heart attack at her home in New York March 22. She liad been ill more than a year, A distant cousin of the late Sa preme Court Justice Oliver Wendell Holmes, she was bom near Roches- ter, N. Y., and at 10 made her debut in Rochester as a concert pianist Widow of Reynal Browne, she's survived by a daughter and a son. JOHN LOUIS MOUQUm ' John Louis Mouquin, 84, who re- tired in 1918 after SO years In the restaurant business, died In Flush' ing, L. I., March 21. With his late brother, Henri, he had operated a dining establishment In downtown New York. He celebrated his 60th wodding anniversary five years ago, Funeral services were held March 2£ and burial followed In Glen Head, L. I. EDMOND J. QUERY Edmond J. Query, pianist, former vaude and one-time musical director for the Gordon theatre chain, died in Rochester, N. Y., March 23 Of pneu monla. At the time he was stricken he was member of an orchestra play- ing over WHEC, Rochester, and, with his wife, the forme/Susan Tomplcins, once a Keith vaude singer, had been appearing at a Rochester restaurant Survivors, besides his widow, are two brothers. Burial in Rochester, JAMES C. KASSEL James C. Kassel, 31, saxophonist with Allan Clark's WKY, Oklahoma City, band, and his -vlfe, Zeata, 34, were found dead in their home Oklahoma City last week by their landlady,- victims of fumes from burning gas heater. Coroner returned verdict of acci- dental death by suflocation. LOUIE FBEEAR • (Miss) Louie Freear, 62j former English musical comedy star, who once possessed a two-year contract in London, that commanded a salary of $1,000 per week, a fabulous figure in her time, died at ler home in that city March 23. She made her debut in the maiive decade and made many American appearances, her last bein." in 1935. WILLIAM H, ELLIOTT William H. Elliott 63, die^ March 20 In Detroit, where he had been manager of the Palms-State theatre (United Detroit) for the past five years, Elliott entered show business at FRANK E. McCBAVT Frank E. McCravy, 48. southern radio singer and recording artist died March 23 of pneumonia at his home in Laurens, S. C. His younger brother, James, mem bet of the McCravy Bros, singing team, died last summer In Green- vme,S.C. JUAN PALMER Juan Palmer, who. went to Mexico from his native Spain 40 years ago as an operatic baritone, died while GEORGE N. McCOT George N. McCoy, 47, film scenar- ist died March 18 in a Los Angeles hospital, McCoy, former Milwaukeean, had been ill for more than a year with a heart aliment - ALBERT F. RACHELL Albert F. Rachell, former manager of the Keeney, Strand and Majestic theatres, Ehnira, N. Y., died at his home In that city March 21. He Is survived by his widow, mother and two brothers, all of Blmira. WILBUR F. JONES Wilbur P. Jones, 49, picture ma- chine operator at the Clinton thea- tre, Columbus, O., d ed at his home in that city March 21 fro n a heart attack. Mother and-wldow survive, MARTIN WINGERTER, SB. Martin Wingerter. Sr., 77, theatre and cafe violinist for more than 40 years In Milwaukee, died March 23 in Los Angeles. Funeral held in Los Angeles. Body was cremated. Det Rescinds Carny Ban for Legion Posts Detroit March 28. Reversing Its previous stand,' the common council here last week issued permits for two neighborhood carnivals, to be sponsored by Ameri- can Legion posts. Several weeks ago, councilmen, at last heeding Coimcil- man John C. Lodge's 10-year pleas, had agreed to approve no more per- mits for such events. However, last week Legion posts entered pleas with the council to rescind its camy ban, on the basis that several veterans organizations were able to sponsor drum corps, etc., through money obtained at camy benefits. Leonard Simons, repping Michigan Showmen's Assn., also declared that at least 500 camy men would lose livelihood this sum- mer if the ban was continued. AFA-RINGLING MAKE PEACE; SIGN DEAL Contract covering virtually all employees (with tLe exception of muslclanr and billposters) ivas signed yesterday afternoon (Tues- day) by the American Federation of Actors and the Ringling Bros, circus. Deal ends all litigation between the two, including the NLr.B hearings now pending. Pact is for on* year and termi- nates the previous five-year con- tract AFA agrees not to strike, and also concedes that all jurisdictional disputes must be setX\ed by the AFL, which also signs the contract Like- wise calls for a substantial reduc- tion below the union's original wage demands, as well as for preferential employment (with a few excep- tions). Gives the union a federation shop. Becomes effective Immedi- ately. ARTIE HALL Artie Hall, 58, coon shouter and wife of William Atwell, retired vaudevUle agent died of a kidney ailment at her home in Astoria, N. Y. March 20. ANDREW J. SMITH Andrew J. Smith, 67, retired stage player, died March 20 in Culver City. Surviving are his widow, four sons and two daughters. ALFRED E. FIEOEL Alfred E. Fiegel, billboard and out door advertising exec, died March 21 suddenly. He was about 50. Widow, son and daughter survive. Mrs, Anna Walker Thomas, sister of Frank Walker, recently elected v.p. of RCA In charge of recording, died in a Troy hospital, March 24. after a long illness. Three other brothers survive. Charles Frederick Cooper, 90, father of Gladys Cooper, the legit player, died March 24 in London sev- eral hours after his daughter had reached his bedside from the U. S. He had been blind for 10 years. Mother, 71, of Bemle Armstrong, Pittsburgh theatre and radio organ ist and currently on KDKA staff, died at her home in Weston, W.- Va March . 20 after an illness of five months. Widower also survives. Lncy Craig, 60, wife of Charles Craig, former East Liverpool (O.; theatre owner, died March 18 at her home in that city. Husband and two daughters survive. Mrs. Joseph Wyndyn, 70, mother of Janet Beecher aind great-grand- daughter of Harriet Beecher Stowe, died March 24 in Ojai, Calil Dr. McCall Anderson, 7, for years Sarasota, Fla., March 28. Sporting a new streamlined sky- blue big top and other novelties, the Ringling Bros.-Bamum and Bailey circus will. move out of its winter quarters here tomorrow (Wednes- day) for New York and its annual opening in Madison Square Garden April 5, The first train will comprise 42 cars, which will carry 576 persons, 980 wild animals and a large herd of elephants. The circus will remain in N. Y. through April 20 and opens in Bos- ton about May 1.. Officials have an- nounced that the circus will show on the Coast for the first time in three years. The season ends in Tampa, Fla., Nov. 11. The Al G. Barnes circus, farm show of the Ringling organization, will not go out this year. L.A. Tax Rap on H-W Los Angeles, March 28. The Hagenbeck-Wallace circus, In wmter quarters at Baldwin Park, was seized by L. A. County for tax arrears amounting to $1,809. Unless payment is made by April 4, animals and other effects will, be auctioned. The property has an assessed val- uatioh of $39,000. N. Y. STATE FAIR SNARLED BY FACTIONS Syracuse, March 28. Plana of New York State Fair offi- cials to capitalize on a flood of tour- ists expected to pass through Cen- tral New York en route to the New York World's Fair this summer have become snarled as the result of a battle between . various state fair powers- that-be. Crux of the situation Is the at- tempt of Director Paul Smith to se- cure legislation that would abolish the state fair Industrial exhibit au- thority, wtticb floated bonds for the construction of several fair build- ings two years ago. The authority contends It has been the only money-; making unit In the fail', but Smith claims that the authority, which gets 25%^ of the gate, takes the ci>eam from the fair Income and does noth- ing to bring In new business. At the same time Smith was hand- ed a headache in report of fair audi- tors, who recommended that various concessions at the expo be leased on flat-rate basis rather than on per- centage. This would' Involve a com- plete change in setup. He also was hard hit by reports which appeared in newspapers showing that of the 363,000 attendance at the fair last year 181,738, or 49%, was on passes, and that gate receipts, as a resull^ were only $97,441, Cold 'Frisco . (Continued from page 1) tered outdoor spot for concerts and poor acoustics are preventing broad- casts from the site. Poor attendance resulting from cold- spell and lack of ballyhoo ture blamed for Dr. Gold- man's reported desire to settle his contract Band opened a week ago, 'Cavalcade of the Golden West' out- door pageant financed by the expo. Is losing plenty with its heavy daily nut Chief reason is cold weather. Overhead shelter Is being erected and paper blankets are provided for spectators in an attempt to bolster receipts. Total attendance at fair to date Is 1,370,000. Daily average, is 37,000. It is estimated that the fair will have to draw around 16,000,000 visitors to break even. Doubt is being ex-> pressed in some quarters that this figure will ever be reached. Present drop in attendance was anticipated, but with approach of warmer weather and tourist Influx daily av- erage is expected to jump. Expendi- ture per person has dropped to av- erage of 95c compared to two and a half times that amount during the opening days, but again this Is ex- pected to be higher In the summer. Little cash ia coming through the gates at present most visitors using script books or passes, which leaves the expo short of funds to finance its own radio, programs and other previously planned attractions. Stunt fiyer Tex Rankin, originally en<;aged at $1,750 weekly, was cut to $500 before being dropped entirely, due to lack of funds. MARRIAGES Judith Wood to Percival Christo- pher Wren, Jr., In Tokyo, March 17. She's the American film actress; he's son of the English novelist Dorothy Pearson to Bob Hansen, 20th-Fox booker, March 17 In Omaha, Marjorie Blanch Bellows to Mar- vin Dewitt, in New. York, March 22. He's promotion manager for WNEW, N. Y. Rosalind Keith to WilUam Mellor In Boulder City, Kev., March 26. Bride is a film player; he's a Para- mount caineraman. physician to the Actors Fund, died of a heart attack while visitmg friends in New York March 24. Mother, 71, of Bernie Armstrong, KDKA, Pittsburgh, organist died in Weston, W. Va. Mrs, Alice White Harkey, mother of Gene Markey, 20th-F6x producer, died March 23 in Hollywood. EilRTHS ■ Mr. and Mrs. Joe Sargio, dauahter, in Milwaukee, March 10. Father is chief accountant of WISN, Milwau- kee. Mr. and Mrs. Emanuel Silverstone, dau<»ht€r, in New York, March . 22. Father Is American rep for London Films and Korda. Productions, Ltd. Mr. and Mrs. William Dice, son, in Pittsburgh, March 21. Father Is KDKA, Pittsburgh, engineer. Mr. and Mrs. Andv Sheridan, son, in Pittsburgh, March 20. Father's " attorney for Harris Amuse. Co.; mother's former Mary Harris, of the theatre-owning family. Mr. and Mrs. Harry Wolf, daugh- ter, in Los Angeles, March 23. Father is cameraman at Sdznick-Interna- tionat Mr, and Mrs. Drvid Hearst daui!hter, in Hollywood, March 24. Father is son of William Randolph Hearst; she is former Paradise cafe (N. Y.) showgirl, Mr, and Mrs, Henr} Koster, son, in Hollywood, March 24. Father is director at Universal Mr. and Mrs. Sam Weiss, mixed twins, in Brooklyn, March 24. Fa- ther Is drummer In Merle- Pitt's WNEW, N. Y, orchestra. WedncBday, March 1939 FORUN-^UTDOORS VARIETY 47 iV. F. Fair^s Midway Spurt (Continued trom page 1) or smoothing o« of mirfcce ^n* the big l8go).) .....745 Seventh Ave., N. Y. C. Caruso Restaurant E. & C. Restaurants, Inc. (care of Caruso Rests.) 40 West 33d St., N. Y. C. Cafe ..." Dominion Builders, Inc 35 West 45th St, N. Y. C. Casino of Nations (open air cafe with 1,500 seating capacity) .....Casino of Nations, Inc 12 Hill St, Newark, N. J. Childs restaurant Childs Co ....200 Fifth Ave, N. Y. C. Two restaurants Doughnut Corp. of America 1170 Broadway, N. Y. C. Heineken's-on-Zuider-Zee Cafe Heineken's (Von Muenchen) Beer... Kent Ave. and North Third St, Brooklyn, N. Y. Schaefer House (cafe) F. & M. Schaefer Brewing Co . 430 Kent Ave., Brooklyn, N. Y. Triangle restaurant Triangle Rest Co Chicago, 111. Turf Trylon Restaurant Turf Trylon Corp 395' Flatbush Ave. Extension, Brooklyn, N. Y. Aerial Joyride Bartlett Rides, Inc 120 Broadway, N. Y. C. Auto Dodgem.' Dodgem Corp Lawrence, Mass. Auto Speedway Harry G. Traver ...205 East 42d St, N. Y. C. The Bobsled Bartlett Rides, Inc l20 Broadway, N. Y. C. Boomerang Dufour & Rogers..., 1775 Broadway, N. Y. C. Bunny Hug Harry G. Traver. 205 East 42d St, N. Y. C. Drive-a-Drome ..Norman Bartlett 120 Broadway, N. Y. C. Giant Observation Crane.. Harry G. Traver 205 East 42d St, N. Y. C. Giant Safety Coaster Harry G. Traver and Harry C. Baker. 205 East 42d St, N. Y. Q. Laff in the Dark Harry G. Traver ..-205 East 42d St, N. Y. C. Parachute Jump ....J. L. Mott (Life Save Mints): 6 East 45th St, N. Y. C. Stratoship Harry G. Traver 205 East 42d St, N. Y. C. Turtle Chase Harry C. Baker 205 East 42d St, N. Y. C. Jitterbug Harry C. Baker 205 East 42d St, N. Y. C. Bathosphere (educational) N. Y. Zoological Gardens... New York City. Florida State Bldg Florida National Exhibits, Inc At fair site. Guess Your Weight machines (10).. Hay E. Dunlap ...•••■1560 Broadway, N. Y. C. 100 Coin Scales, 7 Automatic Photo studios. International Mutoscope Reel Co .... 516 West 34th St, N. Y. C. 70 Frankfurter Stands Childs Company. 200 Fifth Ave., N. Y. C. Intermural buses, toackless trains.... ExposiUon Greyhound, Inc 230 Park Ave., N. Y. C. . 20 Cane, Umbrellas stands ...Kaplan & Bloom 51 East 42d St., N. Y. C. 59 Beverage SUnds Refreshment-at-Fair 120 Broadway, N. Y. C. Cigars, Cigarettes, Candy stands (30) Faber, Coe &. Gregg, Inc -206 West 40th St, N. Y. C. ■ Cigar, Cigarette machines Faber, Coe & Gregg, Inc 206 West 40th St. N. Y. C. Citrus Fruit Drinks (44 stands) Sanitary Berlo Concessions, Inc 136 West 52d St, N. Y. C. 30 Dairy Product Stands .Union News Co •••131 Varick St, N. Y. C. Frozen Custard (20 stands) Hay E. Dunlap. 295 Madison Ave, N. Y. C. Guide Bopks Exposition Publications 33 We.st 42d St, N. Y. C. Milk stands Borden Co....... New York City. 15 Penny Crusher stands Frank Galland West New York, N. J, PhotoKraphic Supplies.....' Underwood & Underwood Blustra- " Uon Studios 321 East 44th St, N. Y. C. 25 Popcorn SUnds Star Popcorn Products, Inc Flushing, L. L Postcard stands (22). Exposition Souvenir Corp 3020 Thompson Ave, Long Island City, N. Y. 38 Rootbeer stands Richardson Corp 30 West 21st St, N. Y. C. "My stands (25). . : Sutter Candy Co Mansfield. Ohio. 50 Souvenir stands Exposition Souvenir Corp..... Long Island City, N. Y. • Exhibitor merchandise by American Tobacco, California Artificial Flower Co., Canada Dry Ginger Ale, .Chrysler Sales C^orp, Crosley Corp., Dale Fifth Avenue Luggage Co, Empire State souvenirs. Christian Science executive committee, Florida National Exhibits, Genera] Cigar Co., B. F. Goodrich Co, Hafner Assoc, Household Finance, Keystone Manufacturing Co., Kem' C?rd Sales Corp. and Olson Rug Co. 'Knickerbocker Holiday,' in which appears the exclusive booking clause that the booking office professes, in your story, not to care about And, if UBO doubts this statement on my part, five bucks will get them 500. WilHam Fields. From Jimmy Daffy's Mother New York. Editor, Varjett: Will you kindly correct the errone- ous statement about Jimmy Duffy in the March 15 issue. I think it is due him as an artist and for his backr . ground and long standing in musical comedy, drama and vaudeville. Also in due resi>ect for his mother, Mar- garet Sawtelle Duffy, who can verify the following: In the first place he died of a stroke of apoplexy. Granted that he had been drinking since Jan. 1; there was good cause for that If people would only find out the truth, namely, that in July he had two severe hemorrhages of. the lungs from which, he suffered agony con- stantly. No doubt the over-indul- gence at times alleviated . that ex- treme condition. Jimmy Duffy had been a head- liner since 1896, along with his father and mother, as Duffy, Sawtelle & Duffy, a next-to-closing act in vaude- ville for 16 years, playing all the best theatres from Maine to Frisco, and from Winnipeg to New Orleans. He worked with his wife. Miss Lorenze, then Jack Inglis; then came Mr. Sweeny. That lasted just two seasons on and off.- Mr. Duffy was with Mr. Ziegfeld and WiU Rogers; he worked all through the show with Rogers. James was also with the Shuberts two seasons, with John Murray An- derson; also with Earl Carroll, for whom he wrote shows for two sea- sons. He wrote a host of acts to the very end. The fact that he died on the street was not because he did not have a home. He had that and plenty to eat;' besides none of us know when and how we are going to be called. God spared me to the finish because he needed me. For the last year I knew there was no hope. I sat by his bedside, holding his band, pray- ing that he would be released from the terrible agony he was suffering. Thus my work Is ended. He had a host of friends and could always get orders to write. I am in my 71st year. I shall live In beauti- ful memories of his great accom- plishments, his delightful personality and his keen Intellect Margaret SaioteUe Duffy. (507 W. 41st St, N. Y. C; Apt E.M.) The Last Line Answers ItT St Louis. Editor, Vabiety: If the patrons of local and all other theatres would respond to stage acts with the same hysterical, frenzied applause they accord ordinary singing, passe jokes and common jazz music, as they do in radio, studios, it is safe to assume we would have vaudeville back bi a short time. Or Is it because Ifs for free? Lou 5chiel«r. No More Rum Uceiises At Frisco Exposition San Franclso, March 28. No more liquor licenses will be is- sued for the 1939 Golden Gate In- ternational Exposition, according to the verdict laid down here last week by Don Marshall, liquor law enforcement ofQcer on Treasure Is- land, site of the expo, • The exposition is as wet now as it ever will "be, according to Marshall, who made his decision after a sur- vey, of the island drinking, spots. There are 48 places serving beer alone, five serving vrine and beer and 17 serving wine, beer and liquor. The State Board of Equali- zation can yet qver-ride Marshall's recomme^ndations nixing additional drinking spots. Set Texas Fete Corpus Christi, Tex, March 28. This Gulfside city's Centennial and Buccaneer Days Celebration will be held June 2-4. Jerome H. CargiU, of New York, will produce the his- toric pageant Townsmen are already beginning to let their beards grow in line with the pirate motif. 48 VARIETY Wednesday, March 29, 1939 CURRENTLY AT THE NEW YORK PARAMOUNT Weeks March 22 and 29 FOX, PHILADELPHIA Week April 7 ■ Opening RAYMOR, Boston, Mass., April 14 for4 weeks Broadcasling 4 tilies weekly via NBC Network 1 VICTOR RECORDING ARTIST CURRENT RECORDINGS Knocking at the Fambua Dooi> Tin Roof Blu«* Gal from Joe's New Moon and Old Serenade I Pray Humble I Get Along Without You Very Well ' CHARLES E. GREEN, Consolidated Radio Artists; NBC for splendid cooperation on broadcasts and transcriptions; THE FAIVIOUS DOOR for a memorable ten weeks; BOB WEITMAN of the New York Paramount; LEONARD JOY and THE VICTOR RECORDING CO.; and to all my friends who have helped make this success possible / ■< 30 ROCKEFELLER PLAZA, NEW YORk/n Y C.OIIlloiRii^ T.«n 30 ROCKEFELLER PLAZA, NEW YORK, N. Y. CHICAGO HOLLYWOOD SAN FRANCISCO COLUMBUS 5- 358G CLEVELAND DALLAS Scanned from microfilm from the collections of The Library of Congress National Audio Visual Conservation Center www . 1 oc . go v/ avc onservati on Coordinated by the Media History Digital Library www .mediahistoryproj ect. or g Sponsored by •.\^\| Department of :::^r Communication Arts ••'••'.*: i University of Wisconsin-fvladison http://commarts.wisc.edu/ A search of the records of the United States Copyright Office has determined that this worii is in the public domain.