Canadian Film Weekly (Jan 10, 1945)

Page 8 No Urgency for Telev n Bands (Continued from Page 1) he pointed out, that the government would take any action until a general consultation was had with those who would be affected and the Canadian motion picture industry was certainly entitled to and would get consideration. ’ This comment was made in answer to an enquiry by this publication as to why the industry had not delegated representatives to the television panel of the Canadian Radio Technical Planning Board. “Formation of the board, said R. M. Brophy of Montreal, its president, “has been approved by Hon. C. D. Howe, Minister of Transport. The board itself actually was formed at a meeting convened by Walter Rush, controller of radio in the Department of Transport. “This is an all-for-one proposition. Nobody on the board represents a specific company. Organizations requiring radio frequencies have become partners in a non-profit venture. Engineers and scientists in the industry will give up their time wtihout charge for the benefit of organizations serving the Canadian people.” The board has six panels, one of which will deal with television and frequencies for it. Although the Canadian Radio Technical Planning Board has directed no official request to the industry, invitations have been broadcast to all interested asking them to join. The USA motion picture industry is represented on such organizations across the line. VOCALITE SCREENS Five times more sound permeability. One-third more light. Vocalite Sound Screen is the result of a series of intensive and costly experiments which have resulted in the production of the finest sound screen made. Flexible plastic coated, flameproof. PERIGINS COMPANY LIMITED 977 VICTORIA STREET 2027 BLEURY STREET TORONTO Canadian FILM WEEKLY Montreal Battle Back to WPTB (Continued from Page 1) the challenge to the jurisdiction of the Superior Court and dismissed with costs the petition of the Kent for an injunction to restrain the Snowden from playing Warner product first. Kent Theatres brought the matter before M. W. McCutcheon, predecessor of Croft as administrator of services, but it became a court case before a decisive WPTB ruling was issued. Since then neither McCutcheon nor Croft had endeavored to assert the authority of the WPTB to claim jurisdiction of the dispute. This might have been construed as a willingness on the part of either to accept a legal interpretation, if forthcoming. The judgment ended a spectacular legal battle, the later developments of which had been watched by the trade with great interest. The original action against Vitagraph and United Amusements grew into charges of restraint of trade and claims for damages. The case was almost settled once, with the Kent gaining priority, but the disputants couldn’t agree on the question of damages. The year-long fight gave rise to many legal checks and crosschecks, including a contempt charge when the Snowden continued to advertise a Vitagraph film in spite of an interim injunction. Kent’s First Move Kent Theatres opened the fight by claiming that it was entitled to priority over the Snowden and Vitagraph and United Amusements countered with the argument that the Snowden and the Kent were not in the same zone. A Vitagraph contract gave the product to two United Amusement houses in the zone before the Kent and the owners of that theatre claimed that the Snowden represented a third. The Superior Court issued an injunction against the Snowden. The United Amusement Corporation took exception and submitted that the Superior Court had no power to change or vary the terms of a contract. It was claimed that a judgment of the Privy Council laid down the principle that in an emergency such as war, “the authority of the Dominion in respect to legislation relating to the peace, order and good government of Canada, may, in view of the necessity arising from the emergency, displace or overbear the authority of the province in relation to a vast field in which the provinces should otherwise have exclusive jurisdiction.” It was further submitted that, by order-in-council No. 8,528, dat cd November 1, 1941, made under and by virtue of the powers conferred upon the Governor-General-in-Council by the War Measures Act, the power and authority to determine the terms and conditions under which moving picture films might be rented, supplied or disposed of, was vested in the Wartime Prices and Trade Board and that this board had delegated these powers to an administrator of services. As a result of the Court of Appeals’ decision, this administrator of services remains the one who will determine where films will be given first showing. Charged legal Combine Under Criminal Code As the case continued the Kent entered new claims, one of which was that the over-all priority to United Amusements’ theatres represented an illegal combine. Since this same method is in use in several Canadian cities, a victory for the Kent might have provided a legal basis for upsetting all such booking. Under an amended petition Kent Theatres claimed that: “Since at least 1937 the United Amusement Corporation Limited, as a result of its methed of contracting en bloc illegally with Vitagraph and others for all the available motion pictures released in Montreal, except French productions, has prevented the Kent Theatre from playing the pictures until after the 20 or more theatres of United Amusements were through with them. “As a result United Amusements has violated and contravened the law, in that it has operated an illegal combine and monopoly unduly limiting the facilities for supplying and dealing in the exhibition of motion pictures; has unduly restricted and injured trade relations; and has unduly prevented, limited or lessened competition in the rental, purchase, sale, supply and exhibition of motion pictures; the whole being contrary to the provisions of section 496 and 498 of the Criminal Code. The Kent Theatre was, by these actions, unduly deprived of the full enjoyment of its property, to which it is by law entitled. Charged Conspiracy to Favor Others “The United Amusement Corporation Limited has conspired, arranged, combined or agreed with Vitagraph Limited to unduly and illegally obtain for and grant priority to the Laval, Orleans and Lord Nelson theatres in Montreal, not owned by United Amusements and not in the same zone as the Kent Theatre, to January 10, 1945 —_—_—_——— F. G. SPENCER Veteran Maritime circuit operator, who recently sold an interest in his business enterprises to Famous Players. exhibit all productions ahead of the Kent Theatre, for a small remuneration to United Amusements or its managing director, George Ganetakos. Kent Theatres Asked $30,000 Damages “Kent Theatres estimates the damages suffered by it since July, 1941, as a result of irreparable damage to its trade and commerce in contravention of the law, at no less than $30,000. Although it has been aware of the situation for many years it has been unable to produce the evidence until now.” WPTB Policy The WPTB has maintained the 1941 status quo, whether conditions were fair or not at the time of its inception. In February, 1942, while industry wrangling was furious, James Stewart, head of the services administration of the WPTB, declared, that the Theatre and Films section was not a “cure-all” for the ills of the past, real or imagined. Nor was he particularly interested in what happened in the industry before September, 1941. Because of this it is possible that appeals for damages based on alleged restraint of trade, as in the United Amusements-Kent Theatres case, will arise after the war when WPTB controls have been dissolved. Incidentally, Odeon is reported negotiating for the Garson-Laine circuit at a price rumored to be in excess of $1,000,000. The Kent is a unit of that chain. Henri Chauvin, K.C., and Jean Martineau, K.C., represented United Amusements, and Hellman Swards the plaintiff,