Boxoffice (Apr-Jun 1939)

"Cultural Monopoly" One Accusation (Continued from page 24) fore the Senate that some proposal such as this comes forward, and it amounts to nothing if the local exhibitor has no power to select all his pictures,” he asserted. Demand that the “Big Eight” supplement the agreement by eliminating block booking was voiced by Senator Neely, declaring that “because of what is known as block booking, a local exhibitor has to buy a large number of pictures in many cases that he does not want in order to get a few that he does want.” Because of block booking, he added, the exhibitor always has an excuse to offer when complaints are lodged regarding his pictures. “Under present circumstances the expression of opinion by local boards is ineffective because it runs into head-on collision with the block booking system,” he commented. Atkinson spent most of his time in an acrid attack on the industry, decrying its intelligence and asserting that a “cultural monopoly” was held by a “group of ignorant people.” “There are only three ways of control,” he contended, explaining that the first would be national censorship, which nobody would stand for; the second, the present voluntary censorship which he said was kept in force only because of the constant pressure of the Legion of Decency and other groups; and the third, “the only method which is sure of getting pictures for the American community which the community wants,” the passage of the Neely bill. Organizations Approve Bill Interrogated closely by Senator White as to how community selection would be provided for under the bill, the witness admitted that it was included “in a negative sense,” and elicited from the Senator the comment that if the local people had any influence over an exhibitor under the bill they certainly could exercise it equally well now, suggesting that if they kept away from the theatre the operator would know what they did not want, at least. Whole-hearted approval of the bill was voiced by the representatives of a number of national organizations, including Miss Katherine Lyford, executive secretary of the Massachusetts Civic League; Miss Helen W. Atwater, American Home Economics Association; Mrs. Harriet Houdelette, American Association of University Women; Mrs. E. E. Danley, YWCA, and Miss Izora Scott, National Women’s Christian Temperance Union. Attendance of members of the subcommittee at the hearings dropped from four on the opening day to three at the opening of the second session, with only two present when the hearing closed for the day. Also appearing before the subcommittee were Mrs. Robert T. Bushnell, of Newton, Mass., representing the Newton League of Women Voters; Miss Mary T. Lynch of the National Council of Catholic Women and Mrs. Mary T. Bannerman, of the National PTA. Estimates of the number of women represented by spokesmen for the various organizations which, personally or by written communication, expressed support of the bill placed the figure at 50,000,000, or about 10,000,000 less than the total number of females in the United States population as shown by the 1930 census. As Mrs. Bannerman prepared to make way for the next witness, Chairman Smith, who frequently expressed his failure to understand the film situation and then asked extremely pertinent questions, asked her why the exhibitors could show the pictures they wanted and “just leave” the others. The question occasioned another of the many cross-fires which occurred during the hearings, and led finally to his telling Senator Neely that “I have no prejudices one way or another.” “I want to know what I am doing and I do not know what I am doing;” the chairman complained. “Is the exhibitor compelled to show pictures he ought not to show?” He’s Sure He’s Right The question evoked choruses of “No” and "Yes” from all sections of the room. As the hearings prepared to resume, Senator Neely told the chairman that Senator Downey of California was present and would want to be heard later. “I imagine Senator Downey is on the other side,” he commented. “I do not think anyone should be on any side,” Chairman Smith said rebukingly. “Oh,” said Senator Neely, “I am sure that my side is right.” “If it is, I am with you 100 per cent. If it is not I’m ‘agin’ you 100 per cent,” the chairman retorted. Nearly a full day was devoted to presentation of Allied’s position on the bill, leading off with Col. H. A. Cole of Dallas, president, and Nathan Yamins of Fall River, Mass., but with Sidney E. Samuelson of Newton, N. J., staging the best show for the association. Col. Cole told the subcommittee, at the time consisting of Senator Neely alone, that block booking and blind selling, “twin evils,” were but two of “many monopolistic and oppressive practices resorted to by the Big Eight.” The Allied head anticipated arguments which would be made later by the distributors, telling the subcommittee that they would claim the requirement for a synopsis is impossible of compliance and would ask its elimination. If that were secured, he said, they “probably” would not object seriously to the rest of the bill but, he Samuelson Wants To Know Why Washington — Delving into the foreign situation and asserting only the best pictures are exported, Sidney E. Samuelson, Allied factotum, asked this question before the senate subcommittee hearing the Neely bill: "I v/ould like to know why I should have to exhibit a picture that is not good enough to be exported." Allied Repeats Its Faith in Measure added, elimination of the synopsis clause would “emasculate” the measure. For the benefit of the subcommittee. Col. Cole went deeply in to the block booking phase of the New York suit and then switched to the Dallas anti-trust case, explaining how the Interstate chain had secured protection against subsequent-run independents “by having their admission prices fixed.” The independents were in a tough spot for several years, he said, but “the Government asked and only recently the supreme court upheld the district court which said it was illegal. Nevertheless, in the three years between the initiation of that practice and its outlawing, 23 theatres sold out to the chains.” Three features of the proposed trade practice agreement came in for especial criticism from the Allied executive, who told the subcommittee that the 20 per cent cancellation was not 20 per cent by reason of its graduations; that the trade announcement clause is “meaningless and ambiguous” and that the provision for specific demand for exceptional features is so hedged about with restrictions as to be useless. “In view of past experiences,” he commented, “Allied and the independent exhibitors whom it represents feel that it does not in any way take care of the evils of compulsory block booking.” Charging that the distributors would evade the cancellation provisions as they have in the past, Col. Cole said one or two companies are incorporating it in their current contracts, but that he had received a letter from an unnamed exhibitor stating that one of those companies had offered him a much better price if he would eliminate the cancellation clause than if he insisted on its retention. Cites England’s Ban “The entire code would be effective only for two years, with no guarantee for its continuance even if it meant very much,” he concluded. England has banned block booking and United Artists has sold singly, demonstrating the feasibility of the Neely bill, it was declared by Yamins. “If I thought for one moment that the passage of this bill would injure the motion picture industry, I would be here talking against passage of the bill,” he declared. “On the contrary, we are firmly convinced that this measure is for the best interest of the industry.” During the course of Yamins’ testimony, Senator Neely commented that he had bought Paramount common stock at $100 a share. He has never received a cent in dividends, he said sadly, and the stock now is worth only $5 or $6. He was assured by Pettijohn, however, that its value is a few dollars higher than that. “The distributors over a period of years have gradually taken for themselves privileges which formerly were enjoyed by (Continued on page 26) BOXOFFICE :: April 8, 1939 25