Boxoffice (Apr-Jun 1939)

Kuykendall Defends Sears in Tilt on Rentals Statement (Continued from page 24) rent draft on Tuesday by Sidney Samuelson, Kuykendall assaulted the method of handling by declaring no effort had been undertaken to see if any portion of the code had merit, but that it was presented in a manner designed to riddle it with ridicule. Arbitration, under code formulation, represented 90 per cent of the objective, he continued, as he declared he found the current formula too restricted in its sphere. “The code supplies certain protective rights, but negotiations depend upon buyer and seller. Regardless of what any exchangemen may claim, the code stipulates rights specifically. Therefore, what can we lose by accepting it?,” he said. The MPTOA, he continued, proposes accepting the draft in the light of a first step and as a check on distributor sincerity. Kuykendall also embarked upon a defense of Sears who, on Wednesday, had stated the 20 per cent cancellation clause was to be met by an increase of 20 per cent in rentals so that one could balance the other. This statement had created a furore. Declaring he was talking on his own and giving his own interpretation of the Sears statement, Kuykendall suggested the Warner general sales manager actually had intended to say each distributor proposed getting all he could in rental terms. On the other hand, the MPTOA president declared, the cancellation clause meant nothing if Nathan Yamins who had originally crossed words with Sears on the issue proved to be right. Yamins had insisted the concession was geared to rental uppage. Kirsch Hits B<SK Jack Kirsch, president of Illinois Allied, followed with a prepared address attacking B&K, but not by name. He charged against clearances in Chicago and cited, without detail, a triple feature situation there wherein he said B&K were abetting the growth of the practice by their refusal to drop the third feature in one of their theatres despite the willingness of a competitive independent to so do. He said a number of efforts had been made to correct the situation, but that all of them had been stymied by the circuit. “It is up to the distributors,” he concluded as he directed his remarks in the direction of the block of seats occupied by the distributor representatives. Abram F. Myers, Allied’s general counsel and board chairman, concentrated his attention on a general answer to statements made throughout the sessions. He challenged the impression which he said had been created that the alternative to code adoption was government regulation. He challenged Kuykendall on MPTO efforts at amending the copyright laws in any move to relieve the seating tax and declared Allied’s enterprise along such lines had been resisted by the Hays organization. He added he saw no reason why exceptions should be taken to the lodging of complaints by exhibitors with the government. “If the anti-trust laws are not enforced, maybe someone will forget to en The Friendly Gesture Crept In Minneapolis — During a wTangle on the altered clause covering forcing of shorts with features. Col. H. A. Cole stepped to the ''mike" and, in the doing, put his arm on William F. Rodgers' shoulder. “Getting friendly," observed Rodgers with a smile. “No, just for purposes of reaching the ’mike'," observed Cole, also with a smile. Later, reminding that A1 Steffes had said the open forum would be no pink tea, Rodgers remarked: “Pink tea? It's bordering on a riot." force the laws governing murder and robbery. Then what?” The Neely bill, he denied, indicated no government regulation. There is no provision in the proposed law calling for the appointment of a commission or a board, he pointed out, adding that one group, originally for the bill, had urged regulation by a commission. “I believe I was helpful in changing that point of view,” Myers declared. He further argued the bill merely provided for rules of conduct under its provisions and emphatically asserted this, in no wise, was construable as regulation or its beginnings. The Allied counsel, later, declared the recent visitations to Washington of company presidents constituted an invitation to government meddling. This, he said, was a deliberate effort at inviting the government and was initiated “by those who accuse us.” Immediately thereafter, he made it clear he found no fault with such procedure only insofar as the fixing of any blame for embarking on this sort of policy might enter into the reckoning. Myers found himself in agreement with a Wednesday statement by Montague who had urged each Allied man to think for himself on the pros and cons of the Neely measure before determining what side he proposed endorsing. “Don’t take anyone’s word for it, but study it and make up your mind,” was his parting advise on this theme. Bad Faith Charged Samuelson delivered a short, but caustic address which sent the assemblage into wild applause and catcalls, but on the approving side. He charged bad faith in code formulation, said he saw no reason why anything less than the perfect instrument should be adopted and deplored Rodgers’ statement that the majors would go ahead with or without Allied. “Is it cooperation to say that, with or without Allied, we go ahead?,” he wanted to know. “If we are going, let’s all go together for a perfect code, not a step in the right direction and without such a substantial portion of the exhibitors of the nation as is represented by Allied.” He Bids for Exhibitors Who Desire Code New York — Declaring the MPTOA does not represent independent exhibitors and that Allied represents its officers and directors and not true independents, Harry Brandt, ITOA of New York president, says his organization is throwing its offices open to exhibitors of the country who desire to sign the trade practice code. The ITOA will formally accept the code, probably Wednesday. The services of Milton C. Weisman, ITOA counsel, are available to participating exhibitors, Brandt says. Weisman and the distributors are virtually agreed on a few minor technical language changes. Brandt will seek code approval by the six independent exhibitor organizations not members of Allied or MPTOA shortly. Columbia British Sales Meet Slated July 1-3 New York — Columbia will hold its British sales convention in London July 1, 2 and 3, Joseph A. McConville, foreign manager, announced before he sailed on the W ashington for an intensive European tour. The trip marks the beginning of a worldwide tour which will carry McConville to South America, Australia and the Far East. He plans to return to the United States before leaving for Latin America. Highlights of the Latin American visit will be the sales conventions scheduled at Havana and Buenos Aires. Warner-W&V Deal New York — Warner has closed with Wilmer & Vincent for its new season product covering 18 situations in Pennsylvania and Virginia. Joseph Eagan and Frank Fowler signed for the circuit, while Roy Haines, Robert Smeltzer and W. G. Mansell acted for Warner. summed up his approach to the code issue by declaring he was for unity “but not at the price of right.” It was at this point Rodgers obtained Cole’s consent to again talk. His short walk from his chair to the rostrum was accorded substantial and generous applause. His remarks, already reported, were short, succinct and very much to the point. Thereafter, he returned to his seat and immediately left the room flanked front and rear by associate distributors. Resolutions presented by Kirsch were few and unanimously adopted. One called upon distributors to curb theatrical presentations in 16 mm. Another condemned star appearances over the air and endorsed Darryl F. Zanuck of 20th Century-Fox for his action along this line. A third complimented W. A. Steffes and Northwest Allied on convention arrangements. A fourth gave full endorsement of the negotiating committee report which led to the break between Allied, as a group, and the negotiating distributors on the code. And the business end of Allied’s 10th annual convention thereby ended. 30-B BOXOFFICE :: June 17, 1939