Boxoffice (Apr-Jun 1939)

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Text of New Trade Draft (Continued from page 28) tion season or at the end of any subsequent exhibition season by giving written notice of such withdrawal to the other signatories at least six months prior to the end of such exhibition season. (Provision should be made giving the signatories the right of withdrawal in the event of substantial withdrawals by other signatories and in the event of legislation or judicial decisions declaring any part of the code invalid or illegal, requiring a material change in the method under which distributors or exhibitors do business or making the code impracticable because of added burdens. While this has been discussed with representatives of exhibitors no definite language has yet been worked out but will be supplied shortly.) (Provision should also be made enabling other distributors and exhibitors to become parties to the code) . Arbitration Machinery 1. Location of Board. An Arbitration Board shall be established in each exchange territory. 2. Method of Selection of Arbitrators. There shall be created in each exchange territory a general panel and a neutral panel. The general panel shall consist of about 20 members of whom the distributors will appoint 10 and the exhibitor association functioning in that particular exchange territory the other 10. Where there are two or more exhibitor associations each association may appoint a panel of 10 of their own. The members of the general panel may be affiliated with exhibitor or distributor interests. Each party to a dispute may designate as his arbitrator any member of this general panel or any one else he desires outside of the panel. The neutral panel shall consist of ten members to be mutually agreed upon by the exhibitor and distributor interests in each exchange territory. These members shall not be members of the general panel and shall not be associated with exhibitor or distributor interests but shall have an understanding and knowledge of the motion picture industry. The two arbitrators chosen by the above method shall designate the third arbitrator from the neutral panel and if they are COAST REPRESENTATIVE AVAILABLE I am returning to Hollywood late in April. I have had many years of experience in both major and independent fields, functioning in important executive positions. My activities have included national sales and distribution; advertising and publicity; exhibition; acquisition of product for domestic and foreign release. Have excellent Coast contacts and am fully equipped to execute any type of assignment in return for moderate compensation. Can supply wholly convincing references as to ability, past performance and personal integrity. Address; Box 100, BOXOFFICE, 9 Rockefeller Plaza, N. Y. C. unable to agree the third arbitrator shall be drawn from the neutral panel by lot. No compensation shall be paid to any arbitrator from the general panel, but compensation wherever necessary may be paid to the neutral arbitrator. 3. The cost of arbitration machinery. Upon the filing of a claim the complaining party shall pay a filing fee of $5. These fees are to cover the cost of: (a) compensation to the neutral, wherever necessary, (b) expenses incurred upon the initiative of the arbitration board, (c) administration. In disputes involving principles, affecting the entire industry the arbitration board may assess the cost incurred upon the initiative of the arbitration board upon all distributors and exhibitors associations. The arbitration board shall have no power to award counsel fees. Except as here provided each party shall stand its own costs and expenses. The board shall be empowered in its discretion to engage a secretary for its own sessions. 4. Qualification of arbitrators. No person shall be nominated or elected to act as an arbitrator in any dispute in which he has a personal or financial interest, diectly or indirectly. The parties may, however, waive their right in any objections which may exist on the above grounds. 5. Vacancies. Vacancies occurring by reason of illness, resignation, disqualifications, disability or death shall be filled in the same manner as the original appointment. 6. Hearings. Hearings shall take place in the exchange territory in the city in which is located the exchange out of which the complaining exhibitor is served. Parties may represent themselves or be represented by another. Each party shall have the right to question the witnesses of the other party or parties. Witnesses shall testify under oath. The arbitrator may require any party to produce whatever records and documents they may deem necessary. Stenographic records of testimony will not be taken unless either or both parties so request and provide funds for the same in which case the stenographer shall be selected by the board, or if designated by either or both parties, approved by the board. 7. Waiving oral hearings. If the parties to a controversy agree in writing to waive oral hearings they shall submit to the arbitrators a statement of claim under oath including statements from books of account or other evidence together with written argument. Immediately upon receipt of the statement of facts and written arguments a copy thereof shall be submitted to the respective parties and each shall have the right to reply thereto. But if either party should fail to make such reply in days from receipt thereof he shall be deemed to have waived the right to reply. The files shall then be submitted to the arbitrators. 8. Preferential cases. Certain disputes require prompt and immediate decisions while others do not. There shall, therefore, be established a list of disputes to which the arbitrators must give preference in time of hearing. 9. Miscellaneous. All questions affecting procedure such as the time when the submissions are to be made; the time Nominations Mark AMPA's Meeting New York — Officers’ nominations, patriotism, the art of pinch hitting, and foreign “isms” took the spotlight at the regular Ampa luncheon meeting at the Hotel Astor. Gordon White read the list of nominations, adopted unanimously he said, for the new term. Paul Lazarus jr„ headed the slate for president, Vincent Trotta for vice-president; Herbert Berg, who held the post once before, for treasurer; Kenneth Clark of the Hays office for secretary. Martin Starr was selected trustee for three years. In addition to four officers who comprise the board, Ralph Rolan, Eli Sugarman, Lou Lifton, James Cron and Starr were nominated. White made a “recommendation” to whoever the new president might be, that Monroe Greenthal be selected chairman of a service committee, comprised of three trade paper men, to aid employment among members. Mrs. Timothy A. Kenney took up the cudgel for patriotism. She and some associates are engaged in the production of 18 two-reel subjects designed for “the betterment of the nation.” Her endeavor aims at “an emotional understanding of the birth of our government” to shake the existing “complacency” that threatens to undermine the tolerance for which “our forefathers fought.” An authentic word picture of the full meaning of foreign “isms” was presented by Herbert Kline, who spent months in Europe during the Czechoslovakian crisis. Kline’s films of events surrounding this incident, as well as the Munich pact, have been made into the picture “Crisis.” It was Kline’s opinion that Hollywood has an obligation to do for American audiences what foreign press correspondents are doing to “enlighten the world.” Where fascism thrives on the masses’ trust in its leaders, American democracy and ideals can be fostered by convincing the unemployed, “through facts,” that the “American system” is worth fighting for. “The people want facts,” Kline asserted. “If they don’t get facts they will accept fascism.” Brenda Forbes presented herself as a professional pinch-hitter. In this instance she was backing up Nancy Hamilton. Miss Forbes spoke briefly, mostly by “talking about myself” and her family, which is substantially represented on Broadway. within which the arbitrators must make their awards; the forms to be used; the notices to be sent and similar problems should be referred to counsel for the distributors and exhibitor groups. (Disputes where more than two parties are involved, or involving third parties who refuse to submit to arbitration, or where a greater number of exhibitors are involved than distributors or vice versa, or where a distributor and its affiliated theatre company are parties, present problems which have been discussed but have not yet been resolved) . 32-H BOXOFFICE ;: April 1, 1939