The Exhibitor (Nov 1938-May 1939)

8 TERRITORIAL HIGHLIGHTS Even Chance Given Delaware Sunday Bill Other Measures Believed Killed The Delaware Sunday movie bill, which would give Wilmington a referendum on movies on the Sabbath after 2 P.M., has a 5 0-5 0 chance of passing, authorities of various source admitted this week. The other bills — the Rinard measure aimed at long trailers and the Pepper proposal which would provide a juvenile court censorship over films — are concededly dead in committees. As for the Rinard trailer bill, there seems to be no interest in it among the politicians, legislators, clubwomen, church people or anyone except the theatre men themselves, who bitterly oppose it. Joseph A. DeFiore, manager, Park, Wilmington, and for some time head of a state-wide organization of theatre men, said he had been assured by Reese Harrington, Harrington, and Tom Ayers, Seaford, who have been watching legislation, that both the Pepper and the Rinard bills are dead. State Senator Paul Rinard, who introduced the bill which would give cities of over 2 5,000 only a right to hold a referendum on the Sunday showing proposal (Wilmington is the only one that would qualify) is known to have expressed the opinion that he believes he could pull the bill out and pass it in the Senate in a rush session. One of the surprising things in the fight it is said is the hostile attitude of some Catholic groups against the bill. a permanent . . . service IN THIS ISSUE The FEATURE CHECK-UP JAY EMANUEL PUBLICATIONS INC. Child Ban May Be Raised An amendment to the local child-labor act has been drafted by District of Columbia heads which will enable child performers to appear on local stages, it was indicated this week. Banned from the local theaters since 1928, child performers, under the new bill, would be permitted under strict supervision of the local School Board. A previous attempt to amend the labor act was defeated in Congress in 193 5, when former Corporation Counsel E. Barrett Prettyman had drafted the legislation for the District Commissioners. Backed by local theater men, the new amendment will have to be approved first by the Commissioners, then the Federal Budget Bureau, finally by Congress, before it becomes law. It is reported that midgets, sometimes young women, have been substituted for children. Share Made Cleveland Salesman Jack Share, efficient Columbia booker, has been named a salesman for the company out of the Cleveland office, it was announced last week by Samuel A. Galanty, eastern division manager. Share, who became a booker when, in January, 193 8, Jack Kohler was promoted to Pittsburgh, has been training in the local field for several weeks prior to leaving for his new job. He was succeeded here by Dave Rosenthal, accessory manager. A newcomer to the industry, Fred Saperstein, is the new accessory manager at Columbia. Saperstein was formerly with Ross-Federal. Plans for WR Week Launched Local film exchange managers met briefly last week, designated detail plans for Will Rogers Memorial Week, starting April 20. Headed by the 20th Century Fox branch manager Samuel N. Wheeler, the local group were given theaters to solicit for funds. Each exhibitor in the territory will be asked to contribute on the basis of the house’s seating capacity, in addition to audience participation. Trailers will be distributed. Ten More Suits Due The administration is preparing to bring nationally important new anti-trust actions in at least five industries, it was revealed last week in Washington. The revelation was contained in testimony by Assistant Attorney General Thurman W. Arnold before the House Appropriations Deficiency Sub-committee. Arnold said anti-trust cases are being considered covering fertilizer, newsprint, shoe machinery, tobacco, building materials and ”10 new cases” concerning the motion picture industry. Laurel Decision Means Games Death "Bank Night ” Illegal, Delaware Court Rules To theatres using "Bank Night” or money giveaways in Delaware, the decision last week of Chief Justice Daniel J. Layton of the Supreme Court calling 'Bank Night” illegal was expected to sound the deathknell of the practice. The opinion was filed in the case of Affiliated Enterprises, Inc., against Roland H. Waller, who, when sued was operating the Waller, Laurel. Waller is now operated by the Schines. The suit was brought against Waller for alleged breach of contract because of his refusal to make use of the "Bank Night” advertising plan after the state’s attorney general had stated unofficially that he considered it illegal. Chief Justice Layton’s opinion was literally an essay on the human side of gambling, and he minced no words in calling such schemes as "Bank Night” a "cold-blooded business device.” Chief Justice Layton launched into the elements which he contends inspires the use of the "Bank Night” and such in the motion picture business. He said: "Motion picture theatres are not charitable enterprises. In holding out offers they are not moved by a spirit of brotherly love, sympathy for the poor to the end that they may enjoy a more abundant life or warmth of heart in any degree. With them it is a cold blooded business device, embraced with hope and expectancy of filling their theatres with paying patrons. "The deceit in schemes of this nature lies in the pretense of allowing free participation, but at the same time surrounding the opportunity with conditions calculated upon a knowledge of human characteristics to induce those attracted by the offer to purchase tickets of admission to the theatre. Looking behind the pretense an disregarding legalism, nothing is given away. All of the prizes, disarmingly called gratuities, are supported by a mass contribution.” The opinion continued to brand the "Bank Night” scheme as containing the same mischief as the commonplace lottery. With possibly one exception, Wilmington theatres in recent years have not resorted to such practices as "Bank Night” and other drawing schemes. Neely Hearings Start Hearings on the Neely block booking bill are scheduled to start in Washington this week, it was indicated last week in the Capitol. Senator Neely, sponsor, said he had been so advised by majority leader Alban Barkley. Hearing will be before the Senate Interstate Commerce sub-committee. March 29, 19)9