Boxoffice (Apr-Jun 1939)

Plea for Injunction Studied by Court Madison, Wis. — The state supreme court, in taking under advisement the plea of Circuit Judge Robert S. Cowie, La Crosse, for an injunction to restrain the La Crosse Theatres Co., La Crosse, from operating Bank Night, did not indicate whether it would take jurisdiction to decide the legality of the game until after there has been a trial in a lower court. Lotteries are prohibited in the constitutions of nearly all states and in the U. S. criminal code, Attorney Quincy Hale, La Crosse, representing Judge Cowie, told the court. “It is significant,” he said, “that Bank Night literature is barred from the U. S. mails, showing that in the opinion of postal officials it is a lottery.” Fifteen or 20 federal courts, some of them appellate courts, have held that Bank Nights are lotteries, while only four or five have denied that they are such, Hale said. Attorneys for the theatre had pointed out a lottery consists of three essentials: A consideration or payment by the customers, a drawing, and a prize award. While admitting there was a drawing and a prize, they asserted since it was possible to win a prize without buying a ticket to get into the show, the element of “consideration” or payment was lacking. Counsel for the theatre company contended the supreme court should leave the question up to the legislature as to whether Bank Nights are lotteries. A bill to bar them as lotteries now is pending in the legislature. The day before the presentation of arguments in the case before the high court, Judge Cowie blasted Bank Night in an addressi before the Wisconsin County Boards Ass’n convention in La Crosse. He declared that “here in this city and county for almost three years, a lottery racket under the name of Bank Night has flourished under the noses of the city council, county board, police force and district attorney’s office. “It literally has stolen from the pockets of the poor and the credulous not less than $250,000. It has added paupers to the rapidly growing list of dependents and has made criminals out of youths on the street, taught disrespect for law and glorified gambling; this so-called innocent business feeder that offers one chance out of 50,000 for a mess of pottage. “Not a man on the city council, county board or police force, or the prosecuting attorney or even the attorney general of the state, if you please, ever has had an honest doubt but that Bank Night is a lottery. To argue otherwise would be an insult to our intelligence, and yet it went on and on, under open leadership of officials whose sworn duty it was to dignify and enforce the law. It reached out its slimy hand for the quarters and dimes of young and old, mothers with illy-clad children in their arms, those on relief and those heading there, with the fantastic hope that they might get this small fortune and still they say it is not a lottery.” BOXOFFICE June 17, 1939 C Illinois Allied Session Rips Into Duals and Rentals By GENE RICH Chicago — Allied members had a giant bull session and the Row still is reverberating with the squawks eventuating. Number one hornet in the Allied of Illinois’ bonnet — double features — came in for plenty of grilling. The other main topic dealt with “excessive” film rentals that members decided must be cut for the summer if scores of independent theatres are not to be closed, at least for several days each week. To be headed by President Jack Kirsch, a committee composed of Nate Wolf, Joe Weiss and Bill Charukas was named to discuss what can be done constructively and concretely to eliminate duals in the Windy City as soon as possible. A vote of the nearly 75 Allied members (representing 106 theatres) present, showed that actually 97 per cent of them were in favor of returning to single-feature operation. It was generally conceded by those present that to attempt a return to single features while B&K continued with duals would be business suicide on the part of Allied. A telegram was sent to the Paramont convention in Los Angeles, in care of Neil F. Agnew, vice-president and general sales manager, urging the company to do something about having B&K return to singles in Chicago. Sessions were scheduled this week with various of the film exchanges whereby Allied hoped to effect cuts in film rentals for the summer. This was the result of Springfield Session Nears Conclusion Springfield, III. — Despite the fact several film bills have passed the house in the state legislature here, it is not expected that any of the bills will become law since the session has only about two weeks more before adjournment. Passed by the house is the Lund blockbooking and blind-selling bill, and the Sandquist bill requiring a 15-minute intermission for all film performances over two hours. Neither is expected to get through the senate. Scheinbaum , McBride and Esch 100 Per Centers Los Angeles — New recruits to Paramount’s 100 Per Cent Club from the central territory, announced at the annual sales convention here, are William Esch, Indianapolis; Norman Scheinbaum, Milwaukee; and Jesse McBride, St. Louis. All are salesmen. The new members received bonuses, special insurance policies and convention citation for exceptional activity. the discussion on the matter at the meeting. “There is a grave possibility that many of our members’ theatres will have to be closed — at least for several days each week — if something isn’t done to cut the costs of their operation,” said Kirsch. “And since our biggest item is the payment of film rental, we hope that the branch managers will work with us and effect some sort of an understanding. We want to keep every theatre possible open during the summer.” While nothing was decided, it is understood that premiums came in for their share of panning. Among the suggestions was that various exhibitors in certain zones and areas in the city get together and collectively eliminate premiums, as the first step in a general city-wide movement. The operator situation was only briefly discussed, although it is not expected that the projectionists union will be asked to take another cut this summer. A blanket invitation to all Allied members was issued to attend the annual Tom Flannery outing at Nippersink Country Club on June 22. National Buying Combine Not Desired in Chicago Chicaco — The local unit meeting voted no specific instructions to delegates to the national Allied convention in Minneapolis. Jack Kirsch, president of the Illinois unit, told Boxoffice that he did not expect to find his group in favor of any national buying and booking combine as suggested some weeks ago. “We have a situation different from any other city,” said Kirsch. “Our buying and booking is entirely different, and we must continue to buy individually. Every exhibitor should operate his house, together with his booking, etc., to suit his own needs. Such a combine cooperative group would not work here in Chicago. " Can You Do Anything " Questions Allied Chicago — The telegram sent to Neil Agnew, general sales manager of Paramount, at the company's convention, regarding duals and singles, by Allied of Illinois, follows: "Allied Theatres of Illinois, in session assembled today, voted in favor of single features. Your subsidiary, Balaban <£ Katz, is the only stumbling block that prevents 95 per cent of the smaller subsequent-run theatres from operating in the black and Balaban & Katz absolutely refuses to cooperate in any way. "Can you, for the sake of your future sales to these theatres, do anything to help not only the smaller theatres but Balaban <S Katz themselves; as well as doing something constructive for the entire industry. — Jack Kirsch, president." 43