Boxoffice (Apr-Jun 1939)

Charges Producers' Theatres Immune (Continued from page 25) the exhibitors,” Yamins said. “There was no power to stop them; all contracts were written by themselves. “We are not asking for anything that is radical or new, but simply for a restoration of those rights which we had when this industry was first organized.” The ten per cent cancellation did not always prevail, he said, but was eliminated for a time immediately after the failure of the NRA code. The elimination of block booking “actually would benefit” the industry, because it would offer an incentive for the production of quality films; to that end, he quoted statements by Carl Laemmle, made after his retirement, that abolition of block booking would be a good thing. Yamins and Senator Neely were momentarily at swords’ points after the former, in discussing the improvement in quality in recent years, repeatedly gave the credit to the Legion of Decency. The Senator finally erupted, declaring that he thought some credit should be given to the bills which have been before Congress and to the hearings that have been held, as well as to the activities of the many organizations represented in the room. He was finally pacified by the soothing voice of Pettijohn, who solemnly said “you have been a bur under the tail of the industry on several occasions to make producers put out the right kind of pictures.” Yamins also become involved with Senator White, who persisted in exploring the possibilities of the bill, if enacted, and asked the witness just what its effect would be. Told that if, under the bill, the majors did not produce good pictures they would be subject to severe independent competition, Senator White asked as to the position of the independents at the present time. Yamins read a telegram from Phil Goldstone of Monogram stating that “the independents do not have a fair opportunity to market their pictures,” and the Senator asked “are their pictures sold in blocks?” “Yes,” replied the witness. “Why don’t they sell direct?” the Senator persisted. “They follow the example of the majors,” Yamins explained. “They would go broke,” Pettijohn interjected. “Distribution costs are too high.” Referring to distributor charges that the independents want the cream of the product, Yamins admitted that was so. “Of course, we want the cream, not the skimmed milk,” he said. “If you were in the dairy business and wanted to sell sweet cream why should you be obliged to take the skim milk with it?” Leading off with the charge that attempts had been made to intimidate him, by the conversion of an “old building” into a theatre and suggestions that he “ease off” on his pressure for the bill — although he would not name the person involved — Samuelson read to the subcommittee list after list of titles of pictures released by Neely Hearings to Resume Monday Washington — Hearings before the interstate commerce subcommittee on the Neely anti-block booking bill will be resumed here Monday with Wm. F. Rodgers, M-G-M general sales manager and chairman of the distributors joint committee to discuss progress of the industry trade practice revision program. First Giveaway Arrest Made at Laurel , Del . Georgetown, Del. — The first giveaway arrest since Bank Night was ruled illegal in Delaware a month ago, was made when Manager Floyd Shear of the Laurel Theatre at Laurel, Del., was charged with giving away a ticket to the New York World’s Fair in an alleged lottery. He was released on $500 bail. Donald Mitchell of Laurel, who authorities said drew the lucky number, was held in $200 bail as a material witness. Gordon-Revel Song Faces Charges of Plagiarism New York — Robert Brooker Wyatt has filed a suit in federal court here seeking an accounting, damages and an injunction against the song, “This May Be the Night,” which he claims is a plagiarism of the chorus of his song, “In a Bassinet.” The suit is directed at Mack Gordon, Harry Revel, 20th Century-Fox and Leo Feist, Inc. The Gordon-Revel song was used in the picture, “My Lucky Star,” against which an injunction is also being sought. the distributors to show how few good ones there actually were. Allied now represents 4,000 to 4,500 exhibitors, he said in response to a question by Senator Neely. The five companies in the “Big Eight” which own theatres do not practice block booking in their own theatres but reserve it for use against the independents, he charged. Synopses “Feasible” Samuelson told the subcommittee that the distributors have ceased to put out the announcement books formerly issued, so that the exhibitors have no idea whatever as to what they will get, and pointed to books which he brought to the hearing, explaining that they all had a “saving clause” that nothing therein affected any contract. As proof of the feasibility of the requirements of the bill, he told the subcommittee that M-G-M in its last book carried over 70 synopses, thus disposing of the contention that they could not be furnished, and Warner held trade showings of a number of theatres, demonstrating that blind selling was not necessary. “This bill will be virtually useless without the blind selling provision,” he commented. “The bill is more necessary today than three years ago because announcement books have disappeared.” See Price Threat to Neighborhoods Philadelphia — Threats of a price war throughout the neighborhood field gave an acute case of the jitters to the industry last week. The disturbance started when the Stanley-Warner circuit, which cut prices in its downtown houses two months ago, quietly set about doing the same thing in a few key neighborhoods. The Liberty, the Logan and the Sedgwick were reported already instituting cuts of a nickel in admission prices, and reductions were said to be planned in half a dozen other Warner houses. Repercussions were already rumbling among the independents. The Segall-Pizor house, the Apollo, announced on its programs that it was going to inaugurate an “early bird matinee” — up to 2 p. m. — with an 11 cent admission, instead of the usual 15 cents. But at press time, the plan was suddenly dropped. “We thought such a price cut would be a harmful thing and would upset the industry,” Lewen Pizor, who is also president of UMPTO, told this publication in explaining the change of plans. “Rather than cause unsettled conditions, we decided to give up our intention.” But the same night, the Affiliated Circuit’s Frolic Theatre, a block away from the Apollo, suddenly cut its evening admission price from 25 cents to 20 cents. The Apollo charges 25 cents evenings. Those moves stirred fears of a price war among the independents themselves. The Broad, across the street from Warner’s Logan, was another independent reported planning a cut to meet the competition. The Warner chain also is trying out other ways of boosting neighborhood business, in addition to price cuts. One is the three-hour show. As an alternative to double features, some of the neighborhoods are piling shorts and newsreels to build a quantity show. In some cases, the three-hour shows are being used as a substitute for premiums. Cosmopolitan , National Studios Effect Merger New York — National Studios has been acquired by Cosmopolitan Studios, which will consolidate the services of the two in an expansion of most departments. Herman Rosenberg, former vice-president and treasurer of National, is head of the new enterprise. The firm specializes in lantern slides, enlargements and displays. Brooklyn Momart's Trial Date After April 11 New York — The management of the Momart, Brooklyn, will come before a special sessions judge April 11 when a date for trial will be set on charges of violating the state lottery laws. Harry G. Kosch will represent D. Carnovas, principal defendant. Carnovas was held by Magistrate Jack Eilperin in special sessions. 26 BOXOFFICE : : April 8, 1939