The Exhibitor (Nov 1938-May 1939)

10 THE NATIONAL MIRROR Neely Bill Hearings Washington Highlight Pros , Cons Have T heir Say Hearings on the Neely bill which would abolish block booking began last week in Washington. The first day’s star witnesses were C. C. Pettijohn, counsel for the MPPDA, who rapped the measure and said that the bill was destructive. Robert Montgomery, representing the Screen Actors’ Guild, also opposed the bill. Henry R. Atkinson, Boston, appeared in favor of the measure. He is president of the Boston Chapter of the Motion Picture Research Council. Hearings continued the second day with C. C. Pettijohn, Hays organization, having the floor when he interrupted a witness who had asked that local groups be given more latitude in choosing films for the towns or cities. Pettijohn offered to save time by working out a program with distributors, exhibitor leaders, etc., so that each exhibitor would consult community heads before selecting the programs. The bill’s proponents refused to entertain this suggestion. Henry R. Atkinson again held the floor, asking control by community, with the local theatremen held responsible. Catherine Lyford, Boston, executive secretary, Massachusetts Civic League, told of her experience with films in regard to deliquent children. Other organization heads also favored the measure. Spokesmen for Allied favored passage of the bill when they started their addresses. Colonel H. A. Cole, president, was first witness, claiming that passage of the measure would help the business. He reviewed the situation thoroughly and claimed that section four, necessitating a synopsis, was the most important part of the measure. He rapped the new trade reform draft and urged that bill be passed. Others who spoke for the measure were Nate Yamins, former Allied head; Mrs. Robert T. Bushnell, Mary T. Bannerman, Mrs. Margaret Lynch, representing various groups. Sidney Samuelson, Allied board exec, rapped the majors and urged passage of the measure. He said the 20% cancellation clause was not enough. A statement from Martin G. Smith, ITO of Ohio, favored passage of the bill. Dr. Russell Potter, Columbia University, said he did not feel the bill would take care of the problems of block booking and blind selling. Later Sidney R. Kent, president, 20th Century-Pox, said the Neely anti-block booking bill was the conception of only 20 or 2 5 per cent of the country’s exhibitors and would definitely increase the cost of motion pictures to both exhibitors and the public. Opening arguments against the bill for the producers and distributors, Kent said that it was an attack on one of the country’s largest industries at a time when it was in hard straits because of loss of many of its former markets through wars. He defended block booking. He stated: "Since when has the right to buy as you want and what you want become more sacred under our Constitution than the right to choose your own customer and decide whether you will keep your product or just not let a man pick up what he wants at his own price? "I say that the right to protect our investment in making pictures and to sell our merchandise in our own way is as sacred as any man’s right to buy it in his way, as long as we are in free and open competition.” Kent denied assertions that independent theatres must buy the whole output of a distributor to get any of it. While an outstanding picture of his company would be sold to 9,000 exhibitors, he said, other pictures were sold to as few as 1,200. The provision requiring distributors to provide buyers with a "true and accurate” synopsis of films, Kent said, could be complied with only if sales offers were made after films had been finally finished and cut. Even then, he stated, disappointed exhibitors might be continually suing the distributors about films that failed to make money, on the ground that the synopsis was not "true and accurate.” Twentieth Century-Fox did a $1,2 50,000 annual business in Spain that "was completely wiped out by the civil war,” Kent said at the Senate committee hearing. "A few weeks ago we were forced out of Italy by a state monopoly that proposed to buy our pictures at practically nothing and keep the profit for itself,” he went on. "We had been building a lucrative business in China after many years of effort which has been largely destroyed by the Japanese invasion. "Our former prosperous business in Japan has wasted away to practically nothing.” Kent added that his company was forced to spend $2,500,000 this year in England to meet the requirements of British law and that "all but two or three of the eight companies are out of Germany.” William F. Rodgers, Metro sales chief, spoke in a similar vein, declaring an industry trade practice program would be far better in protecting the exhibitors’ interests. Goldwyn Drops His Suit Samuel Goldwyn last week dropped his suit in Lederal Court against the United Artists Distributing Corporation in which he had charged breach of contract and asked to be allowed to withdraw from the company. The suit had been started in Supreme Court, early in March and subsequently transferred to the Lederal Court. In it Goldwyn charged that other members of the concern had engaged in producing and distributing activities without his consent. Fair Film Ready A two-reel sound film, "New York World’s Lair 1939,” extolling the glories of the big exposition was offered free of charge last week to schools, clubs and other non-theatrical organizations interested in the Lair. Produced by the Pair’s Newsreel Division, the film has a running time of 16 minutes and is available in 3 5 or 16 millimeter dimensions. Loew’s Fees Announced Supreme Court Justice Louis A. Valente last week disclosed allowances of $191,865 for fees and disbusements in the Loew’s stockholders suit. Attorney Emil K. Ellis was awarded $64,02 5, with the others getting proportionate shares. Amounts are paid out of overpayments made by various Loew executives and the estate of Irving Thalberg. Silverstone Clarifies UA Position Maurice Silverstone, UA head, last week indicated that United Artists had not withdrawn from the industry pact inasmuch as it was never a part of it. Returning east from coast conferences, he said the company actually had been using many points within the pact in its relations with exhibitors for several years. U. S. Films Available The United States Pilm Service last week announced the availability to exhibitors of "The River” (31 m.), "Good Neighbors” (18 m.), "Three Counties Against Syphilis” (20 m.). Only charge is for transportation of the films. Wants Fight Law Repealed Senator Warren K. Barbour, New Jersey, last week asked the Senate to repeal the law prohibiting interstate shipment of prize fight films. Technicolor Shows $1,334,243.67 A net profit of $1,334,243.67 for the year ended December 3 1, 1938, was indicated in a report by Technicolor, Inc., last week. Twentieth Century-Pox last week indicated it will advertise "Rose of Washington Square” as it sponsors a 90-station hookup of the Kentucky Derby May 6. Patronize Oar Advertisers 1 TELL THEM »l SAW IT IN THE EXHIBITOR" April 12, 19)9