Boxoffice (Jan-Mar 1939)

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New Anti-Trust Depositions Revolving on "Protection" (Continued from page 59) Boston theatre situation. It was dated April 18, 1931 and read: “What would your reaction be towards turning the Modern and Beacon theatres into out and out second-run houses next season, tying up the choice of Paramount, Metro, and other major companies’ product? “Where we could do this, it would automatically set the Bowdoin Square and the Lancaster theatres back, as the Modern and Beacon could legitimately request protection against these houses. “We, of course, would have to play the Modern and Beacon with second-run policy, back of Allston, Cambridge, and Dorchester, if we decide to charge less admission than the Capitol, Strand, and Central Square. “In considering this of course it must be borne in mind that we will have approximately 170 pictures that we will have to consume first-run in the City of Boston.” The attorney for the plaintiffs attempted to show what he called “a breathing together” of defendant distributors in a letter from Netter to A1 Lichtman; in which the United Artists executive said: “You can readily appreciate, Leon, that we alone cannot change the protection practices in a territory. The protection in vogue was established a good many years ago, and it will take all of the companies to change present practices.” Grainger for Stress on Boxoffice E. C. Grainger took frequent exception to the stress put on protection, testimony revealed. In a letter to Phil Seletsky, present M&P booker, Grainger wrote: “It seems to me if you people in Boston would pay more attention to the boxoffice and less attention to protection, your returns and our returns would be better.” Ryan also introduced a letter written by Edward X. Callahan, present 20th-Pox branch manager, then with Paramount, to Phil Seletsky. Dated March 4, 1931, it read: “I have your letter of March 2 regarding New London’s protection against Mystic, and I want you to know that it is not my intention to in any way injure our own theatre, but we also must take into consideration the small independent exhibitor, and not try to deliberately railroad him right out of business. “For your information, M-G-M, Pox, and Warners make pictures available seven days after New London for Mystic, so you can appreciate that it is not an easy matter to hold them 14 days. “As I stated in my last letter, if you find this theatre is in any way injuring us, I would be glad to talk the matter over with you. I want to take this opportimity to say to you that I am doing everything possible for your interests in New London against the Empire Theatre, not only in our own exchange, but also with all the other distributors I can reach. “If you wouid be interested in receiving some of the grosses on pictures we have played in the Mystic, I will gladly forward same to you.” “To Blindfold Other Producers” An allegation of an Allied States Association was concurred with by a major executive, in a letter to E. C. Grainger from Harry Campbell, one time district manager for Fox Film Corp. The missive, dated September 15, 1930, read in part: “You will notice A1 Steffes makes the claim that Publix is setting up this protection throughout the country merely to blindfold other producers, and then they step in and book pictures the way they wish to. As you know, this has always been my contention, and they have always done this same thing in this territory.” In response to a specific inquiry from Charles Morse, Morse and Rothenberg partner, as to whether his circuit was “to consider that you have finally refused to furnish us with any product whatsoever for the Capitol Theatre, Elizabeth, New Jersey,” W. F. Rodgers of M-G-M wrote: “This company does not feel that it would be to its interest to have any further outlet for its product in the vicinity where your theatre is located.” An abstract tiein between the present anti-trust actions and the $5,000,000 litigation being waged in behalf of A. B. Momand by Attorney George S. Ryan came with the introduction of a letter written to Charles Morse by Roy E. Heffner. At the time, Heffner was sales manager for Fox here. Heffner, as one time sales manager for Paramount in Oklahoma, figures prominently in the Momand case. Interestingly enough, Heffner himself is now an independent exhibitor in addition to Bank Night operations. “Sammie Berg ... in Back of It All” M. J. Mullin, in a letter to Sam Dembow jr., wrote: “I do not, for the life of me, see what is the trouble with the Pox exchange here, except that Sammie Berg, their booker, is in back of it all, and that every possible opportunity will give us the worst end of it. Take, for example, the situation in Plymouth, with which you are familiar. I am firmly convinced that Mr. Berg even goes out of his way to do such things as what has happened at the Exeter.” The attitude of E. C. Grainger toward “protection” was further shown in other letters introduced as exhibits by Ryan. To Leon Netter, Grainger wrote, “Stop worrying about protection and do something to get business in at the boxoffice.” To Phil Seletsky, he wrote, “As I have so many times pointed out to you, I think if you and everyone else in the booking department of Publix and all other circuits would pay more attention to booking pictures and playing pictures that are booked, (Continued on page 64) WHEN it seems that you can't keep your head above water any longer everyone from patron to janitor starts telling you off CHEER UP and follow the example of hundreds of other New England exhibitors make it a happy ending by CAPITOLIZING^' MOTIOGRAPH COLOR GLOW DA-LITE SCREENS BRENKERT IDEAL SEATS MIRROPHONIC SOUND CAPITOL THEATRE SUPPLY CO. 28-30 Piedmont Street BOSTON BOXOFFICE : : January 21, 1939 61