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Published Every Saturday by Associated Publications Editorial Offices: 9 Rockefeller Plaza, New York City. Louis Rydell, Advertising Manager. Wm. Ornstein, Eastern editor. Telephone Columbus 5-6370, 5-6371, 5-6372. Cable address: “Boxoffice, New York.” Western Offices: 6404 Hollywood Blvd., Hollywood, Calif. Ivan Spear, Manager. Telephone Gladstone 1186.
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The MAJORS' peeve at Allied on code rejection is no passing matter, if anyone happens to have ideas to the contrary. The lengthy, and very official, statement finecombed by lawyers prior to its release on behalf of the distributors' negotiating committee rather thoroughly dissipates such speculation. There is an air of finality about the matter, insofar as Allied, the organization, is concerned as any reading of the text will quickly convey.
Allied, the organization, is, moreover, exactly the way to put it. The majors, and BOXOFFICE has been reporting it faithfully and regularly, have no argument with individual theatremen. In fact, they want all of the approval of the code they can get. Thus, their final paragraph:
"Every exhibitor in the United States, independent, affiliated, whether a member of an organization or not, is extended a cordial invitation to accept the code. We hope that all will participate, irrespective of their affiliations."
Armor Dents
Registering their burn-up, it is interesting to note that much is made of Allied's negotiating committee and its report of rejection prepared the day before the much-ballyhooed open forum had a chance to get under way. This salient break in whatever Allied armor is around was pointed out editorially in BOXOFFICE recently, but, to add to the gayety of politics, the distributors' comment is worth reporting. Say they:
"The distributors were heard on Wednesday, June 14, and the following day learned to their amazement that the Allied board had previously accepted their negotiating committee's recommendation to reject the code and the rejection was accordingly decided the day before the distributors had an opportunity to be heard.
"It was quite apparent to the distributors from the very outset of the negotiations in October last that some of the Allied representatives participating in the negotiations did not want a code in any form."
On the charge that new clauses
or new language not hitherto discussed had crept into the June 10, or fourth, draft the majors throw down this gauntlet:
''Frequent references are made in the report to the effect that this or that clause appears for the first time in the March 30 draft, but not one word is said about the fact that Allied's general counsel was invited on January 16 to prepare a draft in language more suitable to Allied; that Allied's general counsel submitted such a draft on February 7; that Allied's general eounsel (after the Allied negotiation committee ceased functioning) came to New York and conferred with distributors' attorneys regarding the draft of Allied's general counsel and that the draft of June 10 contains much of the language and suggestions of Allied. Yet the statement is made that Allied had no contact with distributors between the January 16 meeting and the receipt of the March 30 draft.”
Minneapolis, further, saw an undercurrent of fuss and bother about the preamble to the June 10 draft. Allied men, or some of them, viewed it as a relinquishment of the theatremen's rights on future law-making activities. The majors say the February 7 draft, prepared by Allied's counsel, carried a preamble "which provided that the distributors were to sign the code and thus become bound to observe the principles, policies and practices there set forth, but did not provide for the signing of such code by exhibitors or exhibitor groups, and their being bound, too." They argue, and it would appear to be with some justice, this was one-sided and unfair and thereafter prepared a preamble in new form "which provided that the exhibitors and organized groups of exhibitors as well as the distributors should sign the code and be bound thereby."
And Hereafter
At any rate, the formula by which clearance tangles can be adjudicated is now well under adjustment. The majors feel they can begin to move quickly on the extended job of setting up boards. Their whole attitude, reflecting their intent, is to go ahead as quickly as it is possible and forget Allied ever played a part in code formulation.
Those majors get very determined from time to time.
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BOXOFFICE :: July 8, 1939