Boxoffice (Apr-Jun 1939)

MEASURE CALLING FOR "DIVORCE" YEAR AFTER ENACTMENT APPEARS IN WISCONSIN ASSEMRLY Union Ouster Suit to Judgment Suddenly Without Defense St. Louis — Taking of testimony in the ouster suit against John P. Nick, Clyde Weston and George E. Browne initiated by “rebel” members of the IATSE local here terminated suddenly Thursday morning before Circuit Judge Oakley when counsel for both sides stipulated that the testimony of additional plaintiffs if heard would be similar to that of Robert Thomsen, former business agent of the local, and Osborne Myers, projectionist of the Wellston Theatre. Both had complained of the alleged terrorist administration of the local’s affairs. The case was submitted to Judge Oakley without any defense testimony, along with the stipulation as to the cumulative effect of all the plaintiff testimony, if heard. The court is to consider the constitution and by-laws of the IATSE and the local along with other documents and records. Briefs will be submitted by counsel early next week when Judge Oakley will determine whether to sustain the position of the defense that the plaintiffs have failed to make a case against Nick, Weston and Browne. Thomsen had testified that Nick had absolute control of the local union and charged that no one could oppose him “and remain healthy.” He contended that “insurgent” members opposing Nick’s rule were deprived of their jobs and union rights. The testimony of Myers was in a similar vein, including details of alleged threats and warnings. Landau, Kaimann Questioned In Suit to Oust IA Men St. Louis — Suit to remove John P. Nick, Clyde A. Weston and George Browne from further control of IATSE, Local No. 143, got under way in Circuit Judge Ernest F. Oakley’s court when two witnesses, Louis Landau, former owner of the Maryland Theatre in South St. Louis and Clarence H. Kaimann, owner of a string of houses in North St. Louis, testified. Landau was a reluctant witness and repeatedly refused to answer questions on the grounds “I don’t want to incriminate myself,” until ordered to answer by Judge Oakley. Subpoenaed by the 19 union projectionists, plaintiffs in the ouster suit, Landau finally admitted that he contributed to the $15,000 “defense” fund raised by St. Louis theatre owners in 1936 when a wage parley was pending with Local No. 143. Landau also testified that he was a member of the committees that raised the money, asserting that Kaimann, Fred H. Wehrenberg, president of MPTO of St. Louis, E. Mo. and S. 111. and owner of a string of neighborhood houses in St. Louis and St. Louis county, and Thomas James were his conferees. Answering questions, Landau said that the 1936 contract with the union provided for a wage increase, and when asked if the increase was as great as the demand Landau said he didn’t remember. When Robert A. Roessel, attorney for the plaintiffs, asked Landau if he hadn’t, recently, in Roessel’s office, declared that the wage scales in 1935 and 1936 were substantially the same the witness refused to answer until directed by the court and then replied that he didn’t remember. Landau admitted that Nick had visited him at his former theatre a number of times but he couldn’t remember the day the 1936 contract was signed. Kaimann, the second witness, testified that he and Landau, at a South St. Louis bank, gave a “Mr. Brady,” later identified as Edward M. Brady, state representative from St. Louis who has been indicted with Nick on an extortion charge, $10,000 in cash while the wage increase negotiations were being conducted. Kaimann contradicted Landau by testifying there was no wage increase granted projectionists after the money was paid. Weston was the only defendant present at the opening of the trial. Nick is reported to be out of the city receiving treatment for an attack of arthritis which kept him confined to his home for more than a month. Service was never obtained on Browne. Writ Against IA Officers Milder St. Louis — Circuit Judge Ernest F. Oakley has modified his restraining order against John Nick, vice-president of the IATSE, and Clyde A. Weston, business agent of Local Union No. 143 oi‘ the MPMO, which he had issued several days ago to prevent the union officials from interfering with the 19 plaintiffs who brought an ouster and accounting suit against Nick, Weston and President George Browne of the IATSE in January. At a conference of counsel with Judge Oakley it was pointed out that the text of his restraining order was so strong it would prevent Nick and Weston from participating in the union’s affairs. So Judge Oakley modified the order to prevent Nick and Weston from removing any of the 19 plaintiffs from their jobs, from penalizing them for the filing of the suit or from denying them any of their privileges or rights as members of the union. Producer or Distributor Theatre Ownership Would Be Ended By H. C. BRUNNER Madison, Wis. — A theatre divorce bill has been introduced in the assembly by Assemblyman Alex L. Nicol, Sparta. The proposal is to have the ban become effective after the expiration of one year from the date of enactment. The measure states that it shall be “unlawful for any motion picture theatre to be operated in this state which is owned, controlled, managed or operated, in whole or in part, by any producer or distributor of motion picture films, or in which any such producer or distributor has any interest, direct or indirect, legal or equitable, through stock ownership or otherwise.” The bill requires the operator of such theatres to file an affidavit annually on May 1, with the secretary of state to show that the law is being complied with. Circuit courts are to have the right to restrain operators from violations through actions initiated by the district attorney under the direction of the attorney general. The penalty for violation is fixed at a fine not exceeding $10,000, or by imprisonment not exceeding one year, or both. In the case of corporations, the action is to lie against the individual directors, officers or agents. Labor and Licensing Bills A similar bill was introduced in the state senate in 1937 by the committee on corporations and taxation and by Assemblyman Earl Hall in the lower house. The latter bill passed the assembly by an 80 to 6 vote and was returned from the senate with action incomplete due to sine die adjournment. The senate bill had been recommended for indefinite postponement at the time the legislature adjourned. Pending before the assembly judiciary committee is the Murray bill, which would license steam, motive power and refrigeration operating engineers and boiler operators. The bill would affect theatres with refrigerating units of more than 100 ton capacity when used for humidity control and air conditioning and require that such houses have a licensed refrigeration operating engineer in charge. All labor unions would be required to register with the secretary of state and furnish him with a complete record and financial report concerning their operations under the provisions of the Schmitz bill, introduced in the state assembly March 23. Progress in Greenville Greenville, III. — Work is progressing rapidly on the reconstruction of the old Odd Fellows’ Bldg, here into a modern new theatre for the Frisina circuit. The house is expected to be open about May 15. BOXOFFICE :: April 1, 1939 27