Boxoffice (Apr-Jun 1939)

All Is Serene Between National Howard to Report to And New York Allied, Claim N. E. Independents (Continued from page 18) favored legislation only when negotiation failed. Two, he saw the immediate need of a national independent exhibitor organization. He assailed the Neely bill and the measure introduced in Congress by the same sponsor — “the industry’s saviour as certain interests call him’’— that would impose a federal daylight saving law. Brandt saw arbitration as the redeeming feature of the proposed trade practice code. “An honest man is not afraid to go before an honest tribunal.” Instead of intra-industry disputes, all factions — exhibition, distribution and production — should be united to “fight the opposition.” His reference was to legislation, particularly. “Allied tends to lead to a governing body to hand out patronage wages to govern the industry. I don’t want to go to a commissioner for favors.” The ITOA president said he welcomed Allied of New York, especially as it has been helpful in keeping the “legislative wolf from the door.” Cohen took over the microphone, saying the report of the resolutions committee would be conveyed by Kosch. The attorney said he had undertaken this assignment, normally that of the chairman, Mitchell Conery, because “it was thought fitting.” Kosch is the author of a message that appeared in the Allied of New York journel in which he is quoted as “of the opinion that more can be accomplished by negotiation and arbitration than by litigation or legislation.” Discussion Invited Kosch then read a long resolution, upon which Cohen invited discussion. There being none, it was passed unanimously. The resolution cited one adopted by the national board of directors of Allied at their annual meeting in Washington, January 17, regarding the trade practice proposals in which the organization felt the code fell “far short of curing the industry evils,” and which committed Allied to “seeking a larger measure of relief than that offered by the distributors, by legislation, litigation, or otherwise. Further, that the Allied campaign of legislation and litigation be prosecuted unceasingly and with vigor.” The remainder of the New York unit’s resolution read: “Therefore, be it resolved that the Allied Theatre Owners of New York hereby goes on record as being completely in accord with the national policies as above stated . . . and hereby instructs its officers and its representatives on the national board to give the fullest cooperation to the national body in carrying forward its policies.” Kosch then read the second resolution. It went: “Whereas Allied Theatre Owners of New York have adopted the foregoing resolution to give to the national board its fullest cooperation in carrying forward the policies therein set forth, now therefore be it resolved that Allied Theatre Owners of New York are in favor of and strongly recommend negotiations with the majors in order to bring about a bill of rights for the independent exhibitor. “And it is further resolved that New York Allied communicate with the national Allied organization and express New York Allied’s desire for the continuance of negotiations and with the further request that a new negotiating committee be appointed composed of one representative of each state unit of national Allied; and it is further resolved that this convention go on record maintaining and reiterating its stand that, if further negotiations are brought about, said negotiations shall in no way prejudice or affect any of the rights of the independent exhibitors of national Allied or the full and proper prosecution of the government anti-trust action.” Cohen then said: “Before asking for any discussions on this particular resolution, I want to make one point clear. There has been a lot of pro and con in the trade press as to New York Allied’s stand. As a result of the many articles published, there was an impression created that New York Allied and national Allied had arrived at a point of cleavage. Not Contrary to National “Contrary to the impression created, and in an attempt to forever dispel the thought that there is any cleavage, may I say this: Allied of New York has always been committed to a constructive policy, and Allied of New York does not believe that it is contrary to the policies of national Allied. “Allied of New York feels that, if this industry can govern itself with self-regulation and that that can be accomplished, that that, in no wise, interferes with the policy of national Allied. Allied of New York feels that, if the distributors lay a crumb on the table, and that it does not and will not affect or prejudice its rights under the government’s suit, it is going to grab that crumb, and that in no wise conflicts with the policies of national Allied. “At no time can it be said that New York Allied took any position in which it stated that it had no desire for the continuance of the government suit, unless and only when this industry proved that self-regulation was impossible, and New York Allied stated, further, that it was willing to work unceasingly to find out whether it could govern itself. “Allied of New York said further, that if the pact as given to the industry was a stepping stone toward the solution of the problems, then it was a step in the right direction and that, under the operation of the pact, only one question could arise and that was definitely the sincerity on the part of the distributors to write a bill of rights for independent exhibitors, and this operation in a very short space of time would prove whether there was sincerity. “I openly make this statement personally, that I would rather see the arbitration clause go into effect as written; that no modification be made; that no change New York — A report on the Allied of New York and national Allied convention in Minneapolis, June 13-15, will be given to the Independent Exhibitors of New England by Arthur Howard, general manager, after the Minneapolis sessions. Howard attended the first two sessions of the local meeting and said he would be in Minneapolis for the annual convention. Rodgers Cites Efforts "To Create Harmony” New York — That distributors have given their time and effort to create harmony; that the trade practice draft is not perfect, but the best the distributors could do under the circumstances and “not one of us claims to be so bright and brilliant we can write the book for this industry” prefaced and concluded William F. Rodgers talk at the local Allied convention. “I don’t want to transgress on the order of the day to deal in personalities and will avoid doing so to the very best of my ability,” Rodgers opened. “Whatever I have to say, I trust will be in good taste, but it is hardly in good order to expect a group whom I represent to be attacked in one direction or another and then expect the man who represents them not to deal in personalities.” Rodgers then looked around for Abram F. Myers, who had left the room with Col. H. A. Cole. The latter returned later alone. of language be made, because by the practical application of all the jokers in it, that would prove definitely the sincerity of the distributors, whether they meant to operate on a live-and-let-live basis or whether it was necessary to go about with the other angle, and that in no wise conflicts with the policies of national Allied. “So, once and for all, let us clarify the position, and I refer to the press. Insofar as Allied’s position is concerned toward national Allied, just so long as we find an indisposition on the part of the motion picture industry, particularly the distributors, to grant us that bill of rights, just so long as that will we vigorously prosecute through government action. “There have been times when I have not seen eye to eye with national Allied on problems, and that goes the other way, too. But in the last analysis, we are battling a mutual and common problem, and we are going to remain with national Allied, working constructively to accomplish one objective. I repeat it, and that is the real bill of rights for the independent exhibitor.” Cohen asked the delegates if there was any further discussion. There being none, the resolution was unanimously adopted. The unit also adopted a resolution increasing annual dues. The schedule provides for all theatres up to 500 seats to pay annual dues of $35; up to 750 seats, $50; up to 1,000 seats, $75, and over 1,000 seats, $100. The dues may be paid on a monthly basis. 22-F BOXOFFICE :: May 27, 1939