The Canadian Independent (Nov 15, 1937)

Nov. 15, 1937 THE CANADIAN ISSUED FOR THE BENEFIT OF We /NDEPENDENT THEATRE OWNERS [eae ence R a geet SRS Ue ERREAe tay Meals Pa Mee PN a | 1. T. A. PRESIDENT ON ARBITRATION (Continued from Page 1) of that clause made clear. [| Then I was told that, if the distributor’s claim was, in “Yes, of course it does, said Mr. Freedman, “but the one who benefits principally himself the wasted motions and emotions attending the farcical performance called arbitration, “The Standard License Agreement is a_ closelywoven legal net spun by exceedingly clever legal brains, in which practically no lee PATRONIZE THE ADVERTISERS WHO MAINTAIN |T. maa Gia, Page 3 Exhib at advanced prices. itors rebelled and boycotted Paramount product for several months. “The Standard Agreement needs modifying and changing to make it a more equitable instrument for trading. The ITA has indicated sev my opinion, a good legal | is the distributor. Distribu| Way, is given the exhibitor | eral required changes and claim under the contract, | tors have found that they | in the conduct of his busi| has appointed a contract that I must feel bound by | can collect claims and en| ness but every possible con| committee to meet with dis the contract to find for the distributor no matter what my own sense of fair play and justice would indicate. No matter what the extenuating circumstances happened to be. “This may be good court practice, but it is not gooa arbitration. Even in our judicial system we have courts of equity and juries, two devices for interpreting justice rather as the closest approximation to human force contracts with a minimum of fuss and expense though arbitration, and by making the contract the legal basis of all decisions, they take very little chance of losing a case. What could be sweeter for them? “Colonel Cooper has stated in a letter addressed to Mr. Harold Kay and reprinted in the last issue of the Canadian Independent, that fewer claims were brought by exhibitors than definitely bound to tingency is provided for to protect the distributor’s end of the business. The distributor undertakes to sell to ‘the exhibitor a certain num ber, say fifteen, pictures for the season. The contract is so worded that he may de _ liver all or less and the exThe | hibitor has no redress. distributor is not bound on his part to deliver what he sells, but the exhibitor is take what he has bought if the distributor CHOOSES to de tributor representatives through the medium of Colonel Cooper’s organization. So far, no changes have been made. Our committee has not been called on although the usual gesture of inviting suggestions was made. REFUSES TO ACT “As long as the contract keeps its present form there will be cases to arbitrate and litigate. But arbitration, as we have it today, through rights rather than by the a ue eae most | liver. the Film Board, is an arbistrict letter of the law. 1 | cf the exhibitor claims are trary enforcement of the believe that exhibitors would | settled and adjusted right in CONS? UNFAIR Agreement and does not often have a better chance the distributors’ offices. To my certain knowledge, many “It is this one-sidedness of ‘the contract that caused the work justice to the exhibitor. of winning their cases in ce: aia open court than before the | exhibitor claims that I con| Paramount buyer’s strike m | !t merely enforces distribFilm Arbitration Board.” sider of merit, are not so; many sections of the U. XS. | utor’s claims. I, for one, “Isn’t it true,” I asked Mr. Freedman, “that arbitration does save both part. les much in the way of legal costs and time?” adjusted and are not arbitrated either because the experienced exhibitor knows that he is licked before he begins and wishes to save gor®, | ween’ No need to continue forfeiting patronage to your A U T 0 M A T I C H E A T air-conditioning equipped competitor — HOWARDS INSTALL A STo KO L AUTOMATIC STOKER Paramount failed to deliver six of the pictures sold on their 1936-7 schedule. These six pictures were carried over to the next season’s schedule have refused to sit on the Board because I refuse to be a tool for the enforcement of what I consider to be an unfair contract.” DO YOUR THINKING NOW! will install a complete system for you in double ° quick time. Complete service — in heating or cooling — any need to suit your requirements. equipment you Whatever you need — call— Vv HOWARD AIR-CONDITIONING AND HEATING LTD. ae TRS Re ave san Se SINS AER PRS SI IGE ia SE Aailllins § is aie eee go Seaiaaaeat vere as 881 YONGE STREET TORONTO Mldway 2474 Plus Installation e@e°e STOKOL EXCLUSIVE FEATURES — Fully Hee ae Thermostatically controlled. Hydraulic oil transmission. o Shear-Pins. No Gears. Air Tight Hopper. Automatic Air Control. Safe, Also Coal Stokers to save you money on the Clean, Dependable. coal bill for your theatre or home. | ; and up