Showmen's Trade Review (Oct-Dec 1939)

4 S H O VV M E N ' S T R A D E R E V I E W October 21, 1939 KUYKENDALL SEES PROGRESS Myers Warns of Dangers Hails MGM, WB Fair Trade Practice Plans As a Step Forward In a bulletin announcing a meeting of the MPTOA Board of Directors in White Sulphur Springs next Monday and Tuesday, Ed Kuykendall, president, this week hailed the action of Warner Bros, and MGM in adopting a set of fair trade practice proposals. "This represents a genuine step forward, presented simple, understandable language (unlike the Code), and deserves the commendation of all independent exhibitors who have a real interest in getting something done in this field," declared Kuykendall. The bulletin continues. "Univei'sal has announced its intention of revising its contract forms to include a restricted cancellation clause and some sort of contract arbitration. Whether this will be accompanied by definite proposals on the ether points is not indicated. Why 20th Century-Fox, Paramount, RKO and Columbia continue to delay action and withhold announcement of what, if anything, they propose to do, remains a mystery. United Artists apparently has no' intention of offering anything." Kuvkendall sums up the reforms sc far obtained as follows: "1. The separate score charge seems to be on the way out with all companies. 2. Most distributors are going to give a 20% cancellation on contracts up to $100 average, 10% and l.S% over that average, and m addition you will probably, but not invariably, be able to cancel any pictures actually offensive to the people in your community. 3. The other matters are less definite and represent really a softening of general sales policies." The MPTOA president now appears to be less interested in the Code than when discussion on it was at its height. "It appears that the Code was loaded up with empty clauses, that there were a lot of phony solutions, worked over and ineffective, involved propositions in it. It begins to look like some of the 'hot issues' raised during the excitement are turning out to be insignificant and unimportant problems. And some of the vitally important exhibitor problems, ignored by the Code, are still with us and remain unsolved. "The four main and really iniportant trade practice problems of exhibition and distribution seem to be : "1. The selection of pictures in wholesale buying (block booking) "2. Overbuying to deprive a competitor cf pictures (monopoly) "3. Unreasonable clearance between theatres (zoning) "4. Cut-throat competition between theatres (double features, giveaways, premiums) " Kuykendall said that the first problem may be on its way to solution but that it won't be solved until all of the companies take individual action. "Promises to do something do not solve it," he said. ■Castigating those who favor legislation and court action to force reforms Kuvkendall said it would take years before any final decisions are reached. "What are we supposed to do in the meantime, sit idly by and watch our business being wrecked, admitting that we do net have the' brains and leadership within the industry to work out our own complex and troublesome problems?" William Farnum, Bob Savini and William S. Hart, photographed in the lobby of the Marcal Theatre, Hollywood, on the occasion of the premiere of Hart's "Tumbleweeds," now being reissued by Astor Pictures, of which Savini is president. WOULD GET AT DUALS' CAUSES Thus Conclude Philly Indies at Special Open Meeting Philadelphia — Sixty exhibitors at an open meeting here, called by the local Allied last week, declared every effort should be made to eliminate the causes that bring about dualling. This conclusion was made following a three-hour discussion on the pros and cons of double features. No formal vote was taken, according to Sidne}' Samuelson, secretary. To hear the reports of committees. Allied mend)ers went into a private huddle follovi'ing the general meeting. "Why This War" Doing Well at Cameo "Why This War," produced by Samuel Cummins, of Jewel Productions, was held over for a second week at the Cameo Theatre. The film has been playing to crowded houses, according to reports. COMPLETE PLANS FOR ATOI MEET Indianapolis — Thirteenth annual convention and trade show of the Associated Theatre Owners pf Indiana, Inc., will be held here Monday and Tuesday, Oct. 23-24, at the Antlers Hotel. Many social activities are planned, all to be held within the hotel. The climax of the convention will be reached at tiie 13th annual banquet to be held Tuesday evening. All persons connected with the motion picture industry are invited to attend. But He Is Optimistic Over Exhib. Distrib. Relations For Future In a long bulletin covering a multitude of subjects, Abram F. Myers, general counsel of the Allied States Association this week warned the industry of dangers ahead. These are not only due to the war, but also to the increasing competition of other amusements, he pointed out. Briefly summarized these subjects were touched upon: Settling Down — There are three things to face in the situation todaj' : Motion pictures ai e no longer a novelty ; radio has been built into an able competitor that is luring patrons from theatres by the millions ; admission prices are high and unless ste]>s are taken to keep down film rentals and other items of overhead they will further increase and the industry will enter upon an era of self-strangulation. Television-^"Television is on its way and will bring new and difficult problems for the theatre owners." Trade Practice Concessions — Referring to those of WB and MGM, Myers says. "It seems to us that this leaves matters in a satisfactory condition for the time being." He gives credit to Gradwell Sears for "stealing the show" and points out that the exhibitors now obtain the benefits of the Code without subscribing to anything. Are Promises Being Kept? — "From the meager and scattered information available, it can be said that a substantial number of exhibitors report that they have not had to contract for shorts in order to get features, particularly from MGM. Against this a few have reported that before they coulld get the salesman to discuss features, he demanded whether they intended to take shorts indicating a fixed purjicse to demand higher rentals for the features if the shorts were net included." To this Myers added, "If the distributors carry out their voluntary undertakings in good faith, they will pave the way for the kind of cooperation and understanding that should prevail in so great an industry." "Stop This Leak !" — Under this heading Myers attacks the 16mm. exhibitions in Indiana. Michigan and Wisconsin. Government Suit — "Anyone who predicts the ou.tcome of a lawsuit, particularly one that blazes a new trail, is courting disaster." Golden Anniversary — The bulletin urges cooperation in this observance. Conn. Allied Talks Industry Problems New Haven, Conn. — A special luncheon meeting of Allied Theatres of Connecticut was held Tuesday at the Hofbrau Haus Restaurant here for the purpose of analyzing and discussing the new product, selling policies, shorts, preferred playing time and other industry problems. A. M. Schuman presided. Producers Active, Reports Silverstone Extensive activity by all United Artists producers was reported by Murray Silverstone, UA head, who returned this week from a three-weeks' stay at the studios. He added that the ruslies of new pictures looked extremely promising. Despite the fact that Samuel Goldwyn has a suit pending against UA, Silverstone was cordially welcomed by the producer. URGES EARLY CODEACTION Michigan Allied Asks Arbitration Adoption A resolution was adopted recently at a meeting of the Allied Theatre Owners of Michigan, Inc., to petition National Allied, the Department of Justice and the Committee on Fair Trade Practices of the film distributors "to put into effect at once at least the arbitration provisions of the fair trade practice code or a similar type of arbitration in order that deserving theatre owners can be given relief through the combined efforts of the industry, rather than wait until the conclusion of what promises to be protracted legal proceedings, during which time many innocent theatre owners will suffer unnecessary jeopardization of their investment, if not actually forced out of business." Addressing the meeting, Ray Branch, ATO of Michigan prexy, had expressed the hope that a fair trade practice code be speedily put into use in the motion picture industry. Ark. ITO Opposes | Neely Measure Little Rock, Ark. — Following an address on the bill by Ward Martin, a local attorney. Independent Theatre Owners of Arkansas at its semi-annual meeting this vv'eek went on record as unanimously opposed to the Neely antiblock booking measure and will mail a copy of the resolution to each Congressman in Arkansas. SHOWMEN'S MOTION PICTURE Trade /^i, Review Vol.31, No. 13 Oct. 21, 1939 Title and Trade Mark Reg. U. S. Pat. Off. Charles E. "Chick" Lewis j Editor and Publisher ^ TOM KENNEDY Associate Editor JOS H. GALLAGHER, Film Adv. Mgr. HAROLD RENDALL Equip Adv. Mgr. ROBERT WILE Managing Editor WEST COAST OFFICE ANN LEWIS, West Coast Manager Guaranty Bldg., 6331 Hollywood Blvd. Hollywood, Cal. Tel. HOIlywood 1390 CHICAGO REPRESENTATIVE MARSHALL REINIG 612 No. Michigan Ave., Chicago, III. Telephone: Superior 7646 LONDON REPRESENTATIVE yOCK MacGREGOR, 20 Portsea Place Hyde Park, W., London, Eng. AUSTRALIAN REPRESENTATIVE GORDON V. CURIE, 1 Elliott Street Homebush, Sydney, Australia Showmen'.'; Trade Review is published weekly by Showmen's Trade Review, Inc. publication office, 34 North Crystal St.. East Stroudsburi;, Pa. Editorial and advertising offices. 1.S01 Broadway, New York City. I'el. : Bryant 9-5606. Subscription jirice in the United States and Canada, $2.00 per year. Foreign $5.00 per year. Single copies, ten cents. Subscribers should remit with order. All contents copyrighted 1939.