Motion Picture News (Oct-Dec 1929)

1200 Distributors Win Sweeping Victory As Judge Upholds Film Board Credit Rulings Holds Means To Deal With Uncompleted Contracts A Justifiable Act AN important decision affecting all 61m distributing organizations was lately handed down by United States Judge Thomas D. Thatcher when he upheld the Credit Rules adopted by the Film Boards of Trade in the Government's suit against First National Pictures, Inc., nine other film distributing companies and the Hays organization, charged with engaging in conspiracy in restraint of trade and commerce. Practically all of Judge Thatcher's decision is written around the acts of exhibitors either legitimately or for business reasons transferring theatres and all existing contracts to new owners. In the opinion of Judge Thatcher the new owner should be well aware that a theatre business would necessarily carry unfilled contracts and that the buyer should make it his duty to enquire as to the disposition of unplayed contracts. Then, in the event that he feel disposed to make new contracts with another film distributor, the necessary steps for a satisfactory cancellation could be carried out. "It was alleged that in operation of the Credit Rulings that exchange managers went beyond these Rules and entered supplemental agreements more drastic in their dealings with new theatre owners," quotes the Thatcher ruling in connection with the deposit requisite and a decision made in a suit of the U. S. vs. Fur Dressers and Fur Dyers Asso'n, Inc., was cited as being precisely in point. In his opinion both cases related to extending further credit to a firm which had proven delinquent in payment of debts anil held "that such a combination was not unlawful restraint of trade, the real purpose of the defendants not being to obtain security for the payment of rentals or other <-l;i mi which might arise," but to induce the new owner to carry out obligations incurred by the former owner. For the latter no security is required, neither was he required to make deposits it he carried mil the policy of "spot hooking." "It should be remembered," Judge Thatcher further stated, "that when a theatreowner who lias contracted to exhibit films in his theatre disables himself from performing his contracture] obligations by conveying his theatre to another, his deliberate breach "ii contract is apparent." It was remarked upon in Judge Thatcher's Bumming up of the suit thai aggregate rentals involved in uncompleted contract of theatres transferred I w owners in 1927 amounted to $7,297,374.13, and in 1028 the sum was $9,843,970.23, it therefore being RIGHT! QUINN MARTIN, of the New York World, reviewing a current picture, comments on the superiority of the screen over the stage as to backgrounds and set limitations, and points out that the screen should always take advantage of this fact. He adds: "Motion pictures must go places and do things." a justifiable act on the part of film distributors to employ a means to deal with such cases in an effort towards adjustment. $100,000 Is Paid Toronto Union To Cancel Contracts Sum Represents 50 Per Cent Of Wages Over Eleven Month's Period Famous Players Canadian Corp., through its new managing director, Arthur Cohen, has paid $100,000 in a lump sum to the Toronto Musicians Protective Association, thereby securing cancellation of the remaining period of the three-year contract with the musicians at its 10 theatres in Toronto, the agreement originally having until September 1, 1030, to run. The corporation was prepared to retain the services of the musicians for the third year despite the fact that audible film programs made their presence in the theatres practically unnecessary. The arrangement previously reached by the company was that musicians would be paid full salary but would be required to occupy their places in the orchestra pit for both performances and rehearsals — in view of the audiences. The musicians objected to this "humiliation" and the projection machine operators added punch to the situation by issuing an ultimatum that they would walk out within in day unless some other provision was made lor the musicians. Conferences were held at which it was agreed thai the sum of $100,000 would be paid the loo musicians affected, they would then be free men and could obtain such other employment as was available to them. The lump sum represents approximately 50 per cut of the regular wage provided by the contract tor the next 11 months. Motion Picture News 'Cock-Eyed World' And 'Gold Diggers' Are Coast Leaders Former Got $33,150 And Latter $35,000 Last Week; Several Wilt Hollywood, Oct. 3.— " Cock-Eyed World" knocked the other L. A. houses for a loop the past week, grossing $33,150 (207%) the only exception being Warners Downtown with $39,000 realized, with "Gold Diggers of Broadway." Their nearest competitors were "They Had to See Paris," in its second week at the Carthay Circle, where the returns were $18,965 (151%); "Skin Deep," which lured $19,000 (134%) at the Warners Hollywood; "Street Girl," whose third week at the R-K-0 attracted $9,750, a fine showing: "Marianne," in its fourth week at the Mayan, where the returns amounted to $9,750, also good Sagging were "Broadway Melody," in its third week at the Criterion ($5,600 — 56%); "Bulldog Drummond," in its seventh week at the United Artists ($11,200— 87%); "The Love Doctor," at the Paramount ($22,000—88%). Filmdom's Birdie Chasers At 17th Golf Tourney (Continued from page 1194) day's play. He was hailed from the rough as "Our next mayor." Bruce was discovered in the late afternoon walking down the fifteenth fairway toward the sixteenth green, swinging a mashie. Someone asked him if he was playing a singleton. He pointed to three far-off players tramping the sixteenth fairway toward the putting green, and said: "I am — I was — with them. Go take a slice off your own driver!" The first award in the evening's distribution of prizes was a mustache cup to Arthur Kelly. Official prize winners and the awards follow : Low Net ( Leg oil Film Daily Cup and Stcbbins, Leterman and Gates Cup) — H. J. Yates. Low Net Runner-up Afternoon Round (J. P. Mutter Agency Cup) — Mitchell May. Jr. Second Low Net Runner-up (Columbia Pictures Cup) — Paul Berger. Low Score for N. Y. M. P. Club Member I A! Lictat. man Placque) — Arthur W. Stehbins. Keith-Albee Contest (E. F. Albee Cup)— M. P. Club. Low Gross (M. P. News Trophy)— Arthur \V. Stebbins. Low Gross Runner-up (Al Ruben Cup) — M. Buckley. Low Gross Runner-up (DuPont-Pathe Cup) — Chris Duniphy. Low Net Morning Round (N3t'l Theatre Supply Cup)— William Rabell. Low Gross Morning Round (Wm. Masse Cup) — Rex Beach. Putting Contest (Carl Laemmle Cap) — Walter Futur Putting Contest Runner-up (Screen Secrets Magazine Cup) — George Blair. Putting Contest Second Runner-up (Continental Theatre Aeerssnries Tropin ) — Willinm Fverts. Driving Contest (Jack Cosman Cup) — Arthur Dickenson. 1 Inving Contest Runner-up (Ira Itaupt & Co. Cup) — Arthur Klicsr.ith Driving Contest Second Runner-up (Craft Film Laboratories Trophy) — Chris Dumphy. I DH Exhibitor Score (Pathe Cup) — Henry Siecel. Birdie Contest (Jules Brulatour Trophy) — (3) W. J. McCarthy. Published weekly hy Motion Picture News. Inc. Founded in September, 1913. Publication. Editorial and General Offices: 729 Seventh Avenue. New York City. William A. Johnston. President and Publisher: E. J. Hudson, Vice-President; Maurice D. Kami. Editor; Raymond 1' Gallagher, Advertising Manager; Paul M. Manager of equipment Advertising. Los Angeles Office: Hotel Roosevelt. Hollywood, Walter R, Greene. Western Representative. Chicago Office: Harry F. Ilolquist, Central West Representative. 910 So. Michigan Avenue. I'h.mc' Harrison 24.11. Subscription Price: 53.00 per year in United States, Mexico and all U. S. Possessions. Canada, $5.00; Foreign, $10.00. Copyright, 1929. by Motion Picture News, hi., in United States .out Great Britain Title registered in United States Patent Office and foreign countries. Entered as second Class matter .it the Posl Offici Men i l il I. V Y.. April 22. 1926, under Act of March 3, 1879.