Boxoffice - Feb. 17, 2014

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: February ' i j Use of "Memorial" Halls Contested By B. O. TELLER Kansas City—An incident in Kansas City, Kas., last week is of wide interest to exhibitors of that state since it brings up court decisions affecting the use of "memorial auditoriums" in the state. Radio station KMBC (Kansas City, Mo.) arranged to stage its Saturday night "Brush Creek Follies," a radio feature that has also been popular on the stage of Ivanhoe Temple for some time, at Memorial Hall in Kansas City, Kas. The Theatre Owners Ass'n of Kansas City, Kas., called the attention of the three trustees that govern the Memorial Hall to the court opinions holding that the hall cannot be used by private concerns. KMBC charges admission to the stage presentations of the "Follies." Court decisions covering use of such buUdings should interest Kansas exhibitors, since they may sometime face a situation similar to those reflected in those decisions. In the case of Darby vs. Otterman, the Kansas supreme court held that "a taxpayer of Kansas City can maintain an action to enjoin the city officers and trustees of the Soldiers and Sailors Memorial building of Kansas City, erected under the provisions of sections 73-401 to 73-410, of the Revised Statutes, from leasing any part of such building to a private corporation, where taxes must be levied for the upkeep of the building, for janitor services in it, for repairs to it, and for heat and light for it." In the same case the court held that "a city has no power to lease to a private corporation any part of a building erected under the provisions of Sections 73-401 to 73-410 of the Revised Statutes." In the case of State of Kansas vs. City of Independence, the court said: "The trustees of a military memorial building have no power to lease the whole or any part of the building." An opinion of more direct interest to exhibitors was that issued in the case of State of Kansas vs. City of Hiawatha: "A city is without authority to conduct moving-picture and road shows for profit in a military memorial auditorium erected at public expense to commemorate the valorous achievements of American soldiers, in pursuance of the authority granted by the legislature in Chapter 256 of the Laws of 1921 ... In the act named there is no express authority given to cities to engage in a commercial enterprise such as the moving-picture business, and nothing in the powers granted by the legislature warrants the implication that cities may use the memorial buildings to carry on private business for profit." In the case of Electric Theatre (Kansas City, Kas.) vs. Darby, et al., the court held that "The Soldiers and Sailors Memorial Building of Kansas City may not be leased to private persons for exhibition of motion pictures, and a taxpayer of the city may enjoin such leasing." In Dickinson vs. City of Hiawatha, the court stated that "Chapter 252 of the Laws of 1929 does not authorize the trustees of a memorial building ... to lease the building for the purpose of carrying on a purely commercial enterprise." The position of the court is that a taxpayer as such cannot maintain an action against the official trustees of such a building, but that one with an interest (who can show injury), such as an exhibitor, may do so. In Rodenbeck vs. Darby the court held that "An individual taxpayer cannot maintain an action against the official trustees having the management and control of a public building to question the validity of a contract leasing the auditorium thereof for weekly athletic contests at which an admission charge is made, when the auditorium is not sought or required for some public use, where the plaintiff cannot show that he has a special interest in the subject matter of the action, and where he fails to show that his tax burdens would be increased as a result of the contract." In other words, someone in the amusement business, with which an affair calling for a paid admission was in competition, could maintain such an action if the affair were held in such a memorial building. Frank HoUingsworth Suit Slated for Docket Soon Lincoln—Slated for early appearance on the federal court docket here is Frank Hollingsworth's suit, charging anti-trust activities to Fox Midwest Theatres in Beatrice, Neb., which will bring to a head a long battle of opposition in Nebraska's only major six-day show town. Hollingsworth's legal battery is E. F. Nye, former Omaha film board of trade attorney, and Paul Good, who handled the "Gloves" to Krumgold Hollywood—Paramount has assigned Sigmund Krumgold to score "Golden Gloves." 'Jungle Boy" Bound— Sabu. star of Alexander Korda's "Thief of Bagdad." peruses a page of "Jungle Boy" aboard a loestbound train in the Kansas City union station on his way to Hollywood to begin work in the picture of that title. With him were Zolton Korda, director, and his wife. Film Shortage Fear Fed by Extensions Minneapolis — Danger of a product shortage later in the season for independent neighborhood houses in the Twin City area continues to loom large in exhibitors' minds with the extension of the "Gone With the Wind" run and the piling up of other holdovers. Last week there were only three new releases, excluding those at the double feature Aster with its admission scale of 15 cents to 5 p. m. and 25 cents there- after. These were "Fighting 69th." "Eternally Yours" and "Return of Dr. X." The latter played the 25 cent Gopher. Independent neighborhood exhibitors claim they can't follow the Aster or Gopher successfully. The current week brought no improvement, but, instead, an aggravation of the situation, with only two newcomers, not counting the Aster. "The Fighting 69th" !« moved over to the Century for an '' extension of its loop first-run and "Gone ;, With the Wind" and "Destry Rides Again went into its third week at the Orpheum » and World, respectively. The two new '-. • first-runs were "Swanee River" and "Charhe McCarthy, Detective," the latter i at the Aster. p /. /. Friedl Denies Report New Lease Considered MiNNEAPOLis^Rumors in local film circles that Minnesota Amusement has arranged to lease a new $100,000 neighborhood theatre of 1,200 seats to be built in William Youngclaus case against the producers and distributors over protection, which Youngclaus won with a $25,000 settlement. the circuit's general manager. : St. Paul, are denied by John J. Friedl, "I know nothing about this," said Friedl. ' "I hadn't heard anything about it." - Fi-iedl says that there are no plans; whatsoever for expansion of the chain at this time. "We're just trying to keep what we've' got, and have our hands full doing that," he asserted. Pending the outcome of the federal government's suit against major distributors,; It has been understood that there 'd be noi further theatre acquisitions by distribu-' tor-owned circuits. Refutes Claim Benzes Have Purchased Minny House Minneapolis—Bill Elson. lessee of the Seventh Street, denies a report published in a trade paper that the Benzes, owners of the Palace here and other theatre properties, have purchased the house. Klson asserts there hasn't been a bid from the Benzes for the theatre. If any deal is made for the house the owners, RKO,j are required to give him a six-months] vacating notice, he said. Twedt Improving Lido Manly. Ia.—H. S. "Doc" Twedt of the? Lido here is installing new sound, enlarging his projection booth and office, and recarpeting his house. A Nev/ Writer to Metro Hollywood—Robert Phoeren has joined Metro's scripting department. 40 BOXOFFICE : 17 . 19401 L,
I ICansas . . . Doug Kansas City Barkers Will Fele Officers City—The No. 1 social event of Variety Club's spring season will be held vrarch 1 at the Hotel Muehlebach when jfficers for 1940 are given an inaugural linner dance and floor show. Little Jack jittle. topnotch entertainer, will head the mtertainment numbers. In addition there be a dance band. vill In charge of the affair is Jerry Zigmond, nanager of the Newman, as general chairnan of the committee. On the committee vith him are Don Woods of WB, Doug )esch of Monogram, Barney Joffee of the rower and Jim McConnell of KMBC. Ticket sales are being handled by Sam Vbend of Film Delivery, Charley Shafer Pox Midwest, Don Woods, Doug Desch, •f nd Roy Miller, Universal. 7/elwoTth Chain Mgrs. ?e/7 on Showmanship Minneapolis—Managers of the theatres omprising Eddie Ruben's Welworth ciruit, at the annual convention here, agreed *iat, while present conditions for the show usiness in this territory are "extremely dverse," they could "lick the tough mes" by working extra hard and demon- :rating the utmost possible in showlanship. At the one-day session, plans were lapped out for an Eddie Ruben testilonial drive. Ruben was host at a dinner 1 the Hotel Nicollet Minnesota Terrace. Those present included Ted Bolnick, aCrosse, Wis.: Joe Floyd, Sioux Falls, . D.: Harold Bartlet, Langdon, N. D.; rt Ableson, Devils Lake, N. D.; Eddie wanson. Red Wing, Minn.; Carl Engstrom, ew Ulm, Minn.; Emery Eckberg, South t. Paul, Minn., and John Cliplef and layton Severson, Montevideo, Minn. âquoketa Remodeling ncreases Seating Maquoketa, Ia.—The seating capacity of e Pastime has been increased from 475 700 as a result of construction of a 30 40-foot addition to the building. The stage also was enlarged and the leatre refurnished, with offices and lounge 'Oms added in the basement. B. R. ;!ake, operator of the Pastime for 20 ;ars, estimates cost of the remodeling pro- .:t at $22,000. 'ooking Schools Oifered y Four Minny Nabes Minneapolis—Four local independent 'ighborhood houses—the Edina, Nile, iimden and Falls—have been conductg cooking schools this week and will 'Htinue them for three additional weeks, .annette Campbell, graduate home ecoimist, is in charge of the sessions. They :irt at 1 p. m. and are held one day a •ek. K A Y C IE IE Intervener in Fight QN THE ROW: Oscar Johnson, who operates the theatres in Palls City, Neb.: A. Anderson, Commercial Club, Kincaid, Kas.; Curly Wilson, Beyer, Excelsior Springs, Mo., whose business didn't the subzero weather as much as some feel exhibitors' did; George Nescher, Rio, Valley Palls, Kas.; O. L. Christian, Blue Mound, Blue Mound, Kas.; Prank Weary and Paul Taylor, Parris. Richmond, Mo.; Mr. and Mrs. George Summers. Royal, Unionville, Mo.; M. S. Heath, Plaza, Liberty, Mo.; Charles Brooks, Ritz, Marshfield, Mo.: John L. Whiting, Lido, Downs, Kas.; Mrs. Glen Moskau, Regal, St. Joseph, Mo.; Mr. and Mrs. Joe Ghosen, Sedalia. Mo.; C. S. Laird, Madison, Madison, Kas.; A. E. Jarboe, Ritz, Cameron, Mo.; P. L. Lowe. Lowe, Sterling, Kas. In case we didn't mention it before, a revision at Columbia puts Zack Beiser behind a desk, which i7isig?iias his post as office manager: gives Gene Snitz city accounts and Harold Hellman the country booking, with each doing his ovm shorts (film shorts). Zack is handling circuits Pratt, h. o. rep, still is in town. J. W. Davis, who operates the Davis at Higginsville, Mo., is still severely ill in Research Hospital here. While he is reported improving, visitors still were barred the first of the week. The wedding of Marie Campbell, secretary to Ben Marcus at Columbia, and Kenneth McLatchey will take place June 1. Johnny Scott was in Wichita, Kas., last week on business. Oklahoma Theatre Supply (in private life, L. J. Kimbriel) has sold new RCA sound equipment to the Plaza (A. J. Sim- 7nons and Warren Weber), Howard, Kas. Don Davis reports the sale of RCA sound to Jim Thompson's Sequoah, Tahlequah, Okla., and the Glen Thompson's Thompson, Walters, Okla. Other RCA sales include Robert Heald's Pix, Johnstown, Colo.; J. E. Michael's Strand, Leon, la. Hazeljoy Ralph of Commonwealth spent another weekend in home town, Newton. Kas. Joe Rogatnick is the new district booker at Universal. He will take over the job that Virginia Gaylord, secretary to District Manager Pete Dana, has been handfContinued on page 43) For Building Permit Minneapolis—The fight to ccmi>el the city council to issue a permit to Irving Gillman. local independent, et al., to build and operate a new neighborhood theatre has taken a new turn with the intervention by W. H. Donahue, non-theatreman, asking the district court for an order requiring the issuance of the license to him at the same location. Asserting that he also owns property in the- vicinity of Gillman and the latter's associates, Donahue claims that any license granted should be to him because he filed an application ahead of Gillman. Hearing by the court to determine if the intervener should be permitted was scheduled for last Tuesday, but delayed because counsel for Donahue was engaged in other litigation. After the court acts on the intervener it is expected to set a date for trial of the Gillman or Donahue mandamus action. The city council has been ordered to issue the permit or show valid reason why it should not be granted. It's estimated that the proposed construction of from six to a dozen new neighborhood theatres here hinges upon the outcome of the present suit. The council now is on record to refuse to permit any additional theatre construction here. Its position is that the city already is considerably overseated. 18M0 See 'Fighting 69th' First Three Days in K. C. Kansas City—Over 18,000 saw "The Fighting 69th" at the Orpheum here the first three days of its engagement. This is a new house record for the year. YOUR CUSTOMERS CAN^T BE They Demand Quality He Uses Cold Wave Ft. Dodge, Ia.—During the recent cold wave when business was at a low point, Francis Damon closed temporarily while he had the boxoffice of his Park here rebuilt and a new porcelain front installed. Cabot to "Susan and God" Hollywood—Bruce Cabot has been added to the cast of "Susan and God," his first role for Metro since his role as the heavy in "The Bad Man of Brimstone," FOOLED Popcorn Products —We Handle the Best on the Market at Reasonable Prices— — SPECIAL DURING FEBRUARY — 1,000 Popcorn Boxes, $3.50 with any order of popcorn or seasoning. — Also Sacks, Boxes, and Salt RUBE MELCHER - - - GRand 0G72 POPPERS' SUPPLY CO. —1717 Wyandotte — Kansas City, Mo. I'XOFnCE :: February 17, 1940
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Page 3 and 4: PUBLISHED EVERY SATURDAY BY ASSOCIA
Page 5 and 6: 1 "Pinocchio" ; admission i over I
Page 7 and 8: SHOWMANSHIP CE A ZOLA . . \nship Br
Page 9 and 10: When CHARLES LAUGHTON sings it! . .
Page 11 and 12: i beck's Predicts Cycle of Films Wi
Page 13 and 14: êry bit €g fine as we had its pr
Page 15 and 16: ! the I from : tions ' strengthenin
Page 17 and 18: ; the Coated Paper Award Goes to UA
Page 19 and 20: I Complaint I 1 1—The ' 2—The I
Page 21 and 22: I I . . George . . William . . Edwa
Page 23 and 24: , discussed ; ecutives . Warners, i
Page 25 and 26: i Twentieth-Fox . . Claude . . Sam
Page 27 and 28: The never-ending struggle between l
Page 29 and 30: I ' Metro's ANNOUNCEMENT of the nom
Page 31 and 32: I I I Continued Metro Paces Upswing
Page 33 and 34: I Paul ' The to Death Valley for th
Page 35 and 36: I i Joe : February . . Ben . . Sylv
Page 37 and 38: . . Out-of-town . . H. Scoff at One
Page 39 and 40: : February 16MM COMPETITION INTO DI
Page 41 and 42: f Catcalls as Costello Confiscates
Page 43 and 44: I Miller, I I £71 ! Jack . vice-pr
Page 45 and 46: I The Indiana Employment Continues
Page 47: . hXCFHCE ''. 15 Now, Nothing But "
Page 51 and 52: j ling. He was transferred here fro
Page 53 and 54: ' Kansas ' . . Frank • Continued
Page 55 and 56: , tion j Wood I "I ! "I Pot 0' Gold
Page 57 and 58: : tetroit; iayer Philosophizes U De
Page 59 and 60: . . Mrs. TGG) , . "Jim : Febmary .
Page 61 and 62: . . Bob . . Due ..C.J. . . . W. . .
Page 63 and 64: ' I Time : February Industry in Bos
Page 65 and 66: I ' David . . Charles . . Ditto . .
Page 67 and 68: . . The . . Dave . . Aaron : Februa
Page 69 and 70: ' i Boston—The High-Speed Picture
Page 71 and 72: ' moral Independent Staffs SaysNeel
Page 73 and 74: WAS GODOY ROBBED? 50 Hard-Boiled Th
Page 75 and 76: ! Had ' the ' play Dixie D o in s B
Page 77 and 78: ',
Page 79 and 80: 1 (Continued '. Evidently . . . W.
Page 81 and 82: 1' holdovers : February IHIOU^TOM g
Page 83 and 84: Sask. MPEA Averts Hike in Licenses
Page 85 and 86: According to gossip. Wells. B. C, i
Page 87 and 88: ' c iMiWiiWJiOaganB^s^/îQ\/LQW5 o
Page 89 and 90: Foreign Language Features I Condott
Page 91 and 92: I the ' wily I Republic I That I fr
Page 93 and 94: "WIND" SCORES SURGING SUMS ACROSS N
Page 95 and 96: I I Hidden ! Melodrama. : Ing I I I
Page 97 and 98: ' . when , Comedy. ' tivlty ' Allen
Page 99 and 100:
(. now—pay ' I : February 52 ^san
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Boxoffice - Feb. 17, 2014

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