Independent Exhibitors Film Bulletin (Sep 1935 - Aug 1936)

INDEPENDENT EXHIBITORS FILM BULLETIN' 3 EVENTS on the MARCH/ "Reporting the Industry's News from An Editorial Viewpoint" GOVT SEEMS SET TO PUSH ST. LOUIS CASE TO LIMIT St. Louis Trial Opens With Film Musicians Settle; Executives Facing Criminal Charges Vaude Back In Phila. Special to FILM BULLETIN No More Delays . . . ST. LOUIS. — Another last-ditch effort by the battery of attorneys for RKO, Paramount, Warner Bros, and six of their executives to delay the opening of the trial on criminal conspiracy charges against them failed, when Federal Judge George H. Moore rejected their pleas and ordered the selection of a jury to proceed Tuesday morning. A long and bitter legal battle was waged all day Monday between U. S. Government forces and the counsel for the film companies, which are charged with conspiracy to violate the antitrust laws. The chief reason advanced by the latter in their requests for an additional respite was the illness of Abel Cary Thomas, secretary and general counsel, one of the defendants, is seriously ill with arterio-scelerosis and apoplexy. Attorneys for Warners claimed that Thomas' ailments prevented him from being present or even from submitting to the taking of depositions. They introduced affidavits from eminent New York physicians to prove that Warner's counsel may, possibly, be able to testify in a few months. Hardy Objects . . . Russell Hardy, representing the Government in the case, promptly protested that this was another attempt to indefinitely delay the start of the proceedings. He brought Dr. Robert Kane, prominent local surgeon, to the stand to testify that Thomas may never be able to appear in court, since his life would be endangered by doing so. Sensing that this avenue of temporary escape was blocked, attorneys for the three film companies then sought to have the equity hearings for a preliminary injunction heard before the criminal trial. It was their contention that the Government itself had sought this procedure previously, but had recently changed its mind. Judge Insists . . . However, Judge Moore ruled that the trial must proceed without further delay and former Senator James A. Reed, chief of defense counsel, consented to have the case get under way, despite the fact that the conditions were "very unfair and unjust." One more attempt to win at least a single day's delay was made by Samuel B. Jeffries, local attorney for Warners, but the court said that the selection of the jury would proceed tomorrow (Tuesday) unless Hardy would consent to this delay. The Government's counsel declined to grant any more time. Reed then asked that the indictment against Thomas be dropped, inasmuch as the Government felt he would never be able to stand trial, but Hardy also rejected this motion. Far-Reaching Case . . . This case is probably the most vital and farreaching attempt to smash the major film monopoly on record. Arising from the alleged "freezing out" of an independent competitor who sought to operate three first-run theatres in this city in opposition to Warners, the case assumed "trust-busting" proportions and the Federal Government stepped in and showed an unusually aggressive attitude. The accused major film companies refused to sell first-run pictures to the three Fancho and Marco houses after they had outbid Warners for them, despite the fact that while the affiliated Warner circuit was operating them, they had no difficulty in obtaining all the first-run product they needed. Earle, Fox . . . The dispute which has kept vaudeville out of Warner's Earle and Boyd's Fox, Philadelphia downtown stage policy houses, for the past five weeks, was amicably settled Tuesday night, after an all-day conference between officials of the Musicians' Protective Association, Local 77, A. F. M., and representatives of Warners Theatres and Al Boyd. Stage shows return to the Earle this Friday (October 4th), while the Fox gets under way again the following Friday (11th). Terms of the settlement, it was learned by FILM BULLETIN, are as follows: Earle to employ six regular musicians at $70 per week. This scale is the same as last year's. This house will also use sixteen alternates, eight in afternoons and eight in evenings, at $25 per week. Fox will employ fifteen men at $70, plus twenty alternates, ten in afternoon and ten in evenings, at $25. Reason for alternates, of course, is to give work to unemployed union members, at same time bolstering appearance of orchestras in the two houses. The regular alternate scale is #50, and doubling up cuts in half the salaries and hours of these men, but spreads work over twice as many. "Film Companies Should Welcome Independent Theatre Circuit In Phila.", Exchangeman Says That a circuit composed of independent theatres in Philadelphia will prove advantageous to most of the film companies, is the contention of a local exchangeman, who requested that his identity remain undisclosed. "The film companies should welcome an independent theatre circuit in this territory," he commented. "The theatre situation in Philadelphia is too unbalanced, with Warner Bros, having so dominant a hold on the territory that they are in position to command everything they desire — and get it. An organized group of responsible independents will command the respect of every major film company, as well as that of Warners themselves. It would give the distributors a real competitor with whom they could deal in opposition to Warners." Meanwhile, it has been learned that plans are steadily going forward for creation of a substantial indie circuit in the Philadelphia area. The movement is known to be non-partisan, including members of both the MPTO and the IEPA and is understood to be based on the Weisman plan adopted in New York.