Independent Exhibitors Film Bulletin (Sep 1934 - Aug 1935)

4 INDEPENDENT EXHIBITORS FILM BULLETIN THE "SPECTRE" OF It is probably as difficult to hold an intelligent and logical discussion on double features as on religion or politics. Both sides are irreconcilably determined on the wisdom or folly of dual movie bills, and apparently no amount of plausible argument will cause them to alter their stands. The decision rendered last week by Federal Judge George A. Welsh, however, has placed the issue in the laps of the exhibitors in this territory and it must now receive some carefully considered attention. This publication does not choose to adopt the position of other trade journals by playing " ostrich-with-its-headin-the-sand" whenever the subject is mentioned. Flying into the face of the mental barricades erected by both the proponents and opponents of double features, we shall, nevertheless, seek to probe the problem and clarify it to a fair extent. At the outset, it should be stated that Judge Welsh's ruling, by no means, infers that double featuring must or might be generally adopted here. The court merely declared that it found the major producers guilty of conspiracy to violate a Federal law and it orders them to cease that violation. That is extremely healthy, any way you look at it. "I I Very few exhibitors in this district favor universal and continual double featuring. It is contended by the vast majority of theatremen that if EVERYONE shows two features for the price o.' one, ALL THE TIME, nothing will be gained by anyone. This contention is only partially true, for it is undeniable that people are attracted by bargains, especially in times of depression. Attendance at a baseball double header is generally three or four times more than at the usual single game. The old "Penny Sale" idea, which is actually a two-forone, has always been a reliable business builder for the corner drug store. The essential advantage accruing from Judge Welsh's ruling is the reestablishment of the exhibitor's right to conduct his own business as he sees fit. This is the real fruit of the victory! DOUBLE FEATURES! The knotty point, however, is whether people who see two baseball games or two movies at one time will return as soon as they would if given only one. It appears illogical to presume that they would. The question then is : Will twin bills attract sufficient additional people to overcome the less-frequent attendance of regular patrons? This is a moot point, answerable only by the evidence available from other territories where double features flourish. Theatres in New York and other cities throughout the nation where they have played dual bills for years are obviously in no worse condition than local movie houses. This should dispel the fears of those exhibitors who view with dread horror the possibility of the practice becoming widespread. While it may not be of material benefit, it will certainly not mean the ruination of the theatres here. Occasionally, practically every exhibitor feels it necessary to double feature. Under the prevailing Block Booking system, he is compelled to purchase a producer's entire output and a woefully large percentage of those pictures prove to be " duds. ' ' Why shouldn 't he have the privilege of bolstering the inferior pictures with another feature? The bargain offering may attract more people, and since he must play the weak pictures, no one has the right to deny him an opportunity to save himself from loss. Independent film producers, growing by leaps and bounds in the quality of their productions until the prohibitive double feature clause was inserted in the major film contracts, found themselves suddenly deprived of the largest portion of their revenue. The decision again affords them an opportunity to exist and thrive, and they will produce far better and more films than ever before. This widening of the field of production is a benefit toward which every independent exhibitor should look with high hope. • CLEM'S • Motion Picture Supply House Expert Supply Service for the Independent Theatre 255 N. 13th ST., PHILA. SPRUCE 1884 TKE DECISION {Continued from Page Three) double feature program, the unanimity of action, the Chancellor has no hesitation in saying that this unanimity of action was not a coincidence but, in his opinion, a well denned, well thought out, well studied intent to accomplish a purpose prohibited by the Federal laws. Mentions Clearance Problem The affiliated theatres operate large and important theatres in the City of Philadelphia and vicinity and enjoy the privilege of early exhibition of their commercial value. The plaintiff and other When said features are released to the plaintiff and other independent exhibitors, they have lost some of their commercial value. The plaintiff and other independent exhibitors have been able to secure greater box-office returns by the exhibition of "double feature" programs than by the exhibition of single feature programs and the effect of prohibiting the exhibition of "double feature" programs is to reduce their income. The clauses in defendants' contracts prohibiting the use of their features as part of a double feature program tends to reduce the business of the independent producer and to create a monopoly in the production and distribution of pictures in the major producers, the defendant distributors and their affiliated exhibitors. Defendants have entered into a combination and conspiracy in restraint of trade among the several states and have carried out the purpose of said combination by inserting in their distribution contracts the respective clauses prohibiting the use of their feature films wtih other feature films on double feature programs. Defendants have combined and conspired among themselves and with others, to insert in their respective contracts the double feature clauses which tend to create a monopoly in the trade and commerce among the several states of distributing and exhibiting of motion pictures. The Court's Conclusions The provisions in defendants' contracts prohibiting the use of the feature films, distributed by them, on double feature programs violate the Sherman Anti-Trust Act and the Clayton Act and are illegal and void. Plaintiff is entitled to an injunction commanding defendants to cease and discontinue their agreement combination and conspiracy to prohibit the exhibition of the feature films distributed by defendants in conjunction with other feature films on double feature programs, and restraining defendants from making such prohibition a part of any contract with the plaintiff, and from penalizing plaintiff in any manner because of the exhibition of their feature films on double feature programs in conjunction with any other feature film. PHILLY S FIRST RUNS Roxy-Mastbaum, "WINGS IN THE DARK" (Paramount) closes Thursday . . . Boyd, "DAVID COPPERFIELD" (Metro) in its second week . . . Stanley, "LIVES OF A BENGAL LANCER" (Paramount) held for a third week . . . Fox, "UNDER PRESSURE" (Fox) closes Thursday . . . Aldine, "CLIVE OF INDIA" (United Artists) second week . . . Stanton, "BABOONA" (Fox) opened Saturday . . . Earle, "RED HOT TIRES" (First National) started Friday . . . Karlton, "GRAND OLD LADY" (RKO) opened Friday . . . Fays, "BACHELOR OF ARTS" (Fox) opened Friday. Scheduled to open during this week : "RUMBA" (Paramount) coming to the Stanley . . . "CARNIVAL" (Columbia) at the Earle . . . "MY HEART IS CALLING" (Gaumont-British) starts at the Fox Friday . . . "LITTLE MEN" (Gold Medal) opens Friday at the Karlton . . . "WOMAN IN RED" (First National) RoxyMastbaum, beginning Friday . . . "THE NIGHT IS YOUNG" (Metro) a possibility for the Boyd on the week-end . . . "SOCIETY DOCTOR" (Metro) coming to the Stanton Saturday.