Showmen's Trade Review (Oct-Dec 1940)

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Page 4 SHOWMEN'S TRADE REVIEW October 12, 1940 MAJORS ASK CHANGES IN DECREE Exhibs Also To Make 11th Hour Attempt To Alter Provisions This week's developments in the consent decree concerned principally some changes which the five major companies which will sign are requesting. Meetings are scheduled for the end of this week in Washington between representatives of the signers and the Attorney General's office. This has opened the way for some eleventh hour pressure by exhibitor groups to have the decree altered in their favor. Despite the statements made by Assistant Attorney General Thurman Arnold that the decree would stand substantially as drafted, and they thus realize there is little chance for any alteration in its terms, the exhibitors are making their opposition known "for the record." One of the most forceful arguments against it so far was that of the Connecticut MPTO which urged Arnold to "give consideration to the almost universal clamor that has arisen." Written by Herman Levy, secretary of the organization, the letter asked that the decree be revised at the Government's instigation. "When you undertook the Government's action against the film companies, the industry and the country at large understood that the Government was opposed to 'blindselling' and 'block-booking' and in favor of 'divorcement'," said Levy in his letter to Arnold. "It is the sentiment of this group (the Conn. MPTO) that the proposed consent decree aggravates the problem of 'block booking' to a degree which makes any advantage of the partial elimination of 'blind selling' insignificant. What benefits it an exhibitor to be able to see the pictures before he buys them, if he has to take all or none of the pictures he sees? When the only cancellation right he has is on 'religious, racial or moral grounds'? Pictures that fall in these categories are few and far between. "There is, of course, no attempt m the proposed decree to bring about 'divorcement.' "While it is true that exhibitors will not have to take the pictures offered to them and while they will not have to take shorts, etc., if they do not want them, it is also obvious that distributors will make up this revenue by increased rentals. The sum and substance of these provisions on the licensing of features is that another load will be added to the already existing onerous physical, mental and financial burdens of exhibitors. "Section VII, which attempts to set up a procedure for the obtaining of film by an 'independent' is reminiscent of the insurance company that agreed to pay double indemnity to its insured under a life insurance policy, provided that the insured was killed on a Thursday afternoon at 4 o'clock Eastern Standard Time between June 10 and July 10 while it was raining, and, provided, further, the insured was driving an open car of a certain model and year ! The clause in each instance is so replete with conditions, precedent and subsequent, as to make it ineffectual. "While exhibitors are no party to the proceedings and do not even have amicus curiae standing, it would seem that if they are to be third party beneficiaries, the consent decree finally adopted should be the most favorable for them and still accomplish the Government's aims, and not be too great a hardship on distributors." Meanwhile Judge Henry W. Goddard, before whom the trial of Columbia, Universal and United Artists will be heard and who will sign the consent decree in the cases of the other defendants, adjourned the date for the opening of the trial for another week, setting it for next Monday at which time a statement will be made regarding the progress of the negotiations thus far. It was held possible that the pending negotiations to alter the decree might take as much as two months time, even though the general provisions were unaltered, only the language being changed. Judge Goddard, answering a plea of intervention from a group of Columbus, Ohio, exhibitors, this week wrote as follows : "I am informed 2), r The Box Office Slant starts on page 12 Meet Your Exchangemen 14 Selling the Picture starts on page 19 Showmanalysis 21 Variety Club News 30 Advance Dope 34 Short Subject Reviews starts on page 36 Hollywood 40 Eguipment and Maintenance 43 Feature Booking Guide starts on page 76 Short Subject Booking Guide starts on page 79 Where to Buy Theatre Equipment Directory 49 today that counsel for the various parties have been working on a possible consent decree and are hopeful of reaching an agreement on one before long. As you undoubtedly realize, the terms and conditions of such a decree depends largely upon the consent of the parties to the suit. So that the Government, which represents the general public in the litigation, may be advised of your position I am referring your letter and communication to the Honorable Thurman Arnold, Assistant Attorney General, Department of Justice, for his consideration and to whom any other recommendations you may have to make should be addressed." DeMille Picture To Play at Upped Prices "North West Mounted Police" will play circuits in the Middle West at advanced prices, it was announced this week. Among the circuits which have announced the price tilt are the Butterfield Circuit with more than 100 theatres in Michigan and Fox Wisconsin Theatres for its engagements in Milwaukee, Madison and Green Bay. Fred Dolle, for the Indianapolis engagement at the Circle and the Louisville run at the Rialto has set the same policy and so has Jules Rubens of the Great States Theatres. Paramount News History Of War Ready for Release Paramount has compiled a record of the war including its causes and the fighting so far which will be released as "The World in Flames." Washington executives and defense leaders saw the picture this week. Prints are being rushed for an early release. Talk New Janitors Pact Chicago — Theatre Janitors Union and local theatres are negotiating for a new contract. "Cold" Competition San Jose, Calif. — With the completion of the new $100,000 "ice bowl" skating ring here this month, San Jose theatres will face new competition. Two Tripling in Chi. Chicago — Only two theatres, the Kimbark, South Side, and the Coed, North Side, advertised triples over the week-end. "Dictator" In Chicago Charlie Chaplin's picture, "The Great Dictator" will open in the Apollo and Roosevelt Theatres in the Chicago Loop on Oct. 31. The former will show the film on a twoa-day basis while the other will present it on a continuous run basis. Siegel to Join Para. Hollywood' — Sol C. Siegel, executive producer of Republic Productions, Inc., will join Paramount as a producer some time in November. Schenck Sees Business Rise 20th-Fox Executive Predicts Improved Conditions for '41 Hollywood — Increased attendance at picture theatres and improved industry conditions were forecast for the coming year this week by Joseph M. Schenck in a statement following conferences held by Sidney R. Kent, Darryl F. Zanuck, William Goetz and himself on the outlook for 20th Century-Fox for the coming year. Schenck's statement said : "Business prospects for the impending year seem promising from -he viewpoint of theatre attendance and improving conditions. Production program for the company was outlined by Zanuck and was given hearty endorsement and his budget requirements were approved. "For the protection of members of the organization who may be called to military service, it was decided to recommend to the board of directors that their positions be kept available for their return." Broadway Houses Adopt New Price Policy A new price policy, by which morning admissions have been increased from 25 to 35 cents and evening prices for Saturdays, Sundays and holidays hiked from 75 to 85 cents, has been adopted by the Strand, Capitol, Roxy and Paramount on Broadway. The Rivoli has also advanced its prices in line with the other houses. The new prices absorb taxes. Morris Joseph III Morris Joseph, manager of the Universal exchange in New Haven, and dean of exchangemen in Connecticut is ill in Grace Hospital, New Haven. SHOWMEN'S Trad< Vol. 33, No. 12 Review Oct. 1 2, 1940 Title and Trade Mark Reg. U. S. Pat. Off. Published every Friday by Showmen's Trade Review, Inc., 1501 Broadway, New York City. Telephone BRyant 9-5606. Charles E. "Chick" Lewis, Editor and Publisher; Tom Kennedy, Associate Editor; Robert Wile, Managing Editor; Joseph H. Gallagher, Film Advertising Manager; Harold Rendall, Equipment Advertising Manager; West Coast Office, Guaranty Bldg., 6331 Hollywood Blvd., Hollywood, Calif., Telephone HOllywood 1390, Ann Lewis, manager; Chicago Representative, Marshall Reinig, 612 North Michigan Ave., Telephone Superior 7646; London Representative, Milton Deane, 185 Fleet St., London E.C. 4; Austalian Representative, Gordon V. Curie, 1 Elliott St., Homebush, Sydney, Australia. Subscription rates per year : $2.00 in the United States and Canada ; Foreign, $5.00. Single copies, ten cents. Subscribers should remit with order. Entered as second class matter February 20, 1940, at the Post Office at New York, N. Y., under the Act of March 3, 1879. Contents copyrighted 1940 by Showmen's Trade Review, Inc. Printed in U.S.A. Address all Communications to: SHOWMEN'S TRADE REVIEW 1501 Broadway New York City