Exhibitors Herald and Moving Picture World (Jan-Mar 1928)

March 3, 1928 EXHIBITORS HERALD and MOVING PICTURE WORLD 27> Block Booking Foes Have Inning As Brookhart Hearing Starts Exhibitor Has Little or No , Witnesses State Brookhart Bill OK, Independents Hold At Seattle Session (Special to Exhibitors Herald and Moving Picture World) SEATTLE, Feb. 28. — A resolution endorsing the Brookhart bill was adopted at a special luncheon meeting of 60 exhibitors here last week, but affiliated exhibitors voted solidly against the measure and two unaffiliated exhibitors joined the opposition in protest against government control. The meeting at the Gowman hotel was the outgrowth of a special meeting of trustees of the M. P. T. O. of Washington, at which it had been decided to place the issue squarely before the exhibitors, giving opportunity for full discussion and action thereon. President Ray A. Grombacher was in the chair and James M. Hone, executive secretary, presented the business for the committee. 49 Perish in Fire and Collapse of Foreign Theatres Forty-nine are known to have died in catastrophes that wrecked two motion picture theatres in foreign countries last week. Thirty-five dead — possibly more — is the toll of a fire which destroyed the wooden barn that had been converted into a theatre at Moriago, Italy. The structure, with only one exit, burned like kindling, dispatches said. Fourteen bodies have been dug from the wreckage of a theatre at Curytba, state of Parana, South America. The roof collapsed. [Neither of these tragedies would have been possible in the American theatre with its modern construction and safety equipment.] Ontario Lifts War Ban On Ufa's "Last Laugh" ( Special to Exhibitors Herald and Moving Picture World) NEW YORK, Feb. 28.— "The Last Laugh," Emil Jannings' picture, directed by F. W. Murnau for Ufa and brought to America by Universal, has at last been permitted to be shown in Ontario, Canada. It opened at Shea's Hippodrome, Toronto, after being barred from Ontario screens for two years because it was made in Germany. England let down the war bars two years ago. In the United States "The Last Laugh" is actually growing in popularity, Universal reports. Joe Leo Given Dinner (Special to Exhibitors Herald and Moving Picture World) NEW YORK, Feb. 28.— Joe Leo, associate general manager of the William Fox circuit of theatres was given a testimonial dinner by several hundred friends in the industry last week. Leo has just installed the Fox system in the newly acquired Ascher theatres in Chicago. Woman Championing Bill Before Senate Committee Refuses to Answer Pettijohn's Questions [Special from Washington Bureau of Exhibitors Herald and Moving Picture World] WASHINGTON, Feb. 28.— With more than 800 pictures produced annually, the theatre owner can show but a small percentage and has little or no choice, it was declared today by Sidney E. Samuelson, Newton, N. J., exhibitor, continuing his testimony before the Senate Interstate Commerce Committee on the Brookhart bill. Says Producers Allocated U. S. Hearings began yesterday with independent exhibitors and affiliated producers facing each other before Senator Watson of Indiana, chairman ; Metcalf of Rhode Island and Couzens of Michigan, of the Senate committee to fight out the merits of the Smith W. Brookhart measure prohibiting block booking, blind buying and discrimination in the sale of motion picture films. "and then will apply to one company only. All the companies can be reached, and at once, through the bill. There is no government control, price fixing or interference with the business planned by the bill. The Federal Trade Commission would administer it, but would not be empowered to arbitrate every dispute that might arise." In brief, he explained, the commission would have power similar to that of the Interstate Commerce Commission, which can prescribe the safety devices to be used on the railroads. "Compulsory arbitration will be included in the measure if it is approved by the committee," Brookhart said, declaring that as now framed the boards of arbitration are but "kangaroo courts" with the cards stacked against the exhibitor. Brookhart's charges were denied by Charles C. Pettijohn, who asserted that arbitration has reduced the number of court cases by thousands and is working out fine. "Many reforms have been brought about by the industry itself," he said, "including the elimination of the advance deposit, by which the companies formerly could make pictures with the fifteen to twenty million dollars contributed as advance payments by the exhibitors." The producers, he added, did not invade the exhibitors' field until after the latter, through First National, had entered production. The larger producer-exhibitors are interrelated to a considerable degree, it was declared by Leo Brecher, independent operator of New York. His houses, booking Fox films, cannot get pictures until after they have been shown in nearby Fox controlled theatres, he said, contending that he should be given an opportunity to have the films if he paid as much as the Fox houses did. Answering questions propounded by Senator Couzens, he said the exhibitors have no objection to films being shown first and exclusively in houses owned by the producers, but do object to the system whereby favored treatment is given the houses of other producers to the disadvantage of the unaffiliated exhibitor. The Film Trade Conference in New York last October held that the unaffiliated exhibitor should be able to buy on an even basis (Continued on next page) Samuelson charged that the producers have practically allocated the United States between themselves. Urges Films Ready Before Sale Asked by Senator Watson what he deemed would cure the situation complained of, Leo Brecher, New York exhibitor, declared pictures should be sold after they are ready to be seen. "I would sell them to the theatre best able to exploit them properly, the house able to pay the best price for the picture. I would have each picture sold on its own merit," he declared. "I would not tie up a group of poor pictures and compel a man to accept them in order to get the one, two or three good pictures which are included in that group." The parents of the country are against the block booking system because it permits distributing of offensive pictures, the committee was told by Mrs. Moray V. Kerns of Philadelphia, representing the National Congress of Parents and Teachers. The organization has been interested in block booking since 1925, she said. Refuses to Hear Pettijohn Mrs. Kerns refused to permit questioning by Charles C. Pettijohn, attorney for the Hays organization, and confined herself to a statement that many pictures contained matter harmful to adolescent minds. Twenty unaffiliated exhibitors were present when the hearing began yesterday, representing a dozen states and they quickly organized themselves and elected a steering committee of ten with Charles L. O'Reilly as chairman. Under the leadership of Senator Brookhart, the exhibitors at once carried the fight into the "enemy territory," outlining some of the abuses under which they claim they are forced to operate. Legislation, and only legislation, declared Brookhart, will insure free and open competition in the distribution of films, at which his bill aims. It does not prohibit an exhibitor from booking in blocks or buying blindly, if he wants to, Brookhart explained, but would make impossible the use of the block by the producers to force the sale of poor films along with the good. "Years of litigation will be required to settle the validity of the order issued last July by the Federal Trade Commission after six years of investigation, requiring Paramount to discontinue block booking," he said,