The Exhibitor (Jun-Nov 1944)

12 THE EXHIBITOR DISTRIBS FILE ANSWER IN PITTSBURGH CASE Pittsburgh, Pa. — Defendants in the case brought by 24 Pennsylvania independent exhibitors here said last week that the practice of checking receipts and resorting to “blind checking” by distributor-defend¬ ants was necessitated by the conduct and action of the plaintiffs. In a list of answers tiled, the distributors claimed they had the right to examine and audit the books but were denied the right by the plaintiffs in order to prevent dis¬ closure of their fraudulent and dishonest conduct. The answers denied a scheme to demand access to the plaintiffs’ books. In the counter claims entered, the dis¬ tributors asked that the plaintiffs be re¬ strained from disposing or altering their books, records, and papers pending an audit of their books showing the amounts allegedly received as box-office receipts, and that the defendants be permitted to examine and audit the books to determine the true amounts. It was also asked that a judgment be entered for loss and dam¬ age suffered by the defendants through the conduct of the plaintiffs, and that ex¬ emplary and punitive damage be awarded for the “wilful, deliberate and gross fraud practiced.” The original action was filed by Morris Roth, operator of houses in Duquesne and Swicvale, Pa., on behalf of himself and 23 other exhibitors. The plaintiffs asked that the defendants be enjoined from continuing alleged monopolies, and act¬ ing in concert to obtain high percentage rates, in excess of those charged affiliated houses. They asked the court to hold license agreement unlawful, to hold cer¬ tain provisions of agreements unenforcable, and to issue an injunction prevent¬ ing the defendants from attempting to have the plaintiffs disclose confidential busi¬ ness detail. Nat Holt Takes Studio Post New York — Nat Holt, division man¬ ager in charge of the western division of RKO Theatres, who has acted in a liaison capacity between the studio and theatres, has severed all connections with theatres to join the RKO Radio studio as associate producer ■ and assistant to Jack Gross, executive producer, it was announced last week. The switch of Holt from the theatre end of the industry to production will bring a general realignment in the management of the western division of RKO theatres. Sol Schwartz, general manager of all out-of-town RKO theatres, announces that there will be no replacement of Holt. Under the new setup, Andy Anderson will operate as Los Angeles city manager. Cliff Giessman will continue as manager of the Golden Gate, San Francisco, Cal., being directly responsible to the New York office. The supervision of Denver, Col., operation has been transferred to Chicago, under Frank Smith. WAC Handles Production Film New York — In an effort to combat the production lag, and to show the public that the armed forces continue to need war material ranging from bombs to insect THE "SYWA" SITUATION ANNOUNCEMENT through United Artists that David O. Selznick’s “Since You Went Away” will be sold to exhibitors without an increase in admission has already been hailed by exhibitors, theatre organizations, and others, most of whom are claiming credit for the change in policy. THE UA MOVE is a smart one, from more than one angle. By first indicating that increased admissions would be necessary in all deals, and then changing its mind, several results have been achieved by UA. IN THE FIRST PLACE, this action places a feather in the cap of UA bv proving that “the customer is always right.” Secondly, it makes various exhibitor organizations and others feel that they have given evidence of their strength by forcing a major distributor to “see the light.” Thirdly, it places a greater value on “Since You Went Away,” since obviously the exhibitors must now think that fhey are getting a better deal for the money. ONE CANNOT HELP wondering whether this incident, as it worked out, was not a smart piece of merchandising on the part of the Selznick organization, creating interest in the picture, manufacturing a tide of interest in the show, and then, by one swift stroke, achieving a satisfactory conclusion for all concerned. If this is not a plan, it might well have been. THE “SYWA” INCIDENT, regardless, may have an invigorating effect on exhibitor organizations. Assuming that they have been effective in this case may serve as an impetus for sales resistance where it is still needed. There are plenty of places where such a move might be very beneficial. FURTHERMORE, if the Selznick organization is in a kindly mood, it might well consider eliminating some footage from “Since You Went Away.” Cutting down the running time would result in greater profits for distributor and exhibitor, and place less strain on that portion of the patron’s “padookas” which is affected by three-hour shows. WE CALL THIS to the further attention of master showman Selznick and his selling organization. J. E. repellant, the War Activities Committee will distribute a special two-reel War Department film, “The War Speeds Up,” it was stated last week. Distribution, made at the request of Chief of Staff General George C. Marshall, will begin on Sept. 7. Produced by the Signal Corps of the Army Pictorial Service, “The War Speeds Up” is simply that with the war speeding up, America is slowing down. It features actual demands for material from generals in the various theatres of war. The film is one of the regular WAC re¬ leases, free to all members of the WAC theatres division. One Man Show NEW’ YORK — Unusual in the way of special screenings for men in the armed services was an event that took place recently, when the smallest audi¬ ence ever to witness a film saw “See Here, Private Hargrove,” according to word received by MGM from Major John W. Hubbell, Signal Corps, in charge of Overseas Motion Picture Service, last week. In a letter to Nicholas M. Schenck, president, Loew’s, Major Hubbell wrote: “Recently this organization exhib¬ ited a motion picture to its smallest audience, one enlisted man. This man, isolated in a hospital ward, could see no one. Through the courtesy of the local Red Cross and cooperation of the hospital doctors, a screen was set up in the room, and ‘See Here, Private Hargrove’ was shown. ‘There have been other similar inci¬ dents of groups of four and five, and on one occasion a show was given to two enlisted men.” MOD DRIVE TOTAL BREAKS ALL RECORDS New York — Figures indicating the record-breaking success of the 1944 March of Dimes drive were revealed last week by national chairman Nicholas M. Schenck, who announced the results. Total theatre collections reported by state chairmen hit $4,667,520.56. This compares with $2,122,340 collected in the 1943 drive. Another surprising feature of the report is that the cost of conducting the nation¬ wide campaign also set a new record — the astonishing low figure of 2,0864 per cent against 2.649 per cent in 1943. The drive also set a record in number of theatres that participated and reported. A booklet is being prepared giving a detailed report on the drive, showing col¬ lections theatre by theatre. This will be mailed to theatres. Schenck pointed out that the money raised through the industry drive has al¬ ready been put into action. "Arsenic" Gets Pre-Showings New York — Although regular runs of Arsenic and Old Lace” in the Pittsburgh, Pa., territory do not start until late Sep¬ tember, eight special midnight previews of the Warner comedy are scheduled for Labor Day as part of the advance exploi¬ tation campaign for the picture in that area, it was announced last week. Situations where the one-performance showings are scheduled include Erie, Johnstown, Sharon, Greensburg, State College, Oil City, Clarksburg, and Charles¬ ton. Seats will be sold in advance for the showings, which start at one minute past midnight after theatres have been cleared of the regular night’s audience. August 30, 1944