Independent Exhibitors Film Bulletin (Sep 1935 - Aug 1936)

6 INDEPENDENT EXHIBITORS "FILM BULLETIN DUAL BILL APPEAL ( Continued from Page 5) "doing nothing more than stating a historical fact". Legal precedence is also quoted for the contention that anything Chadwick testified was said by Mayer is inadmissible as evidence. Mayer had no established right to speak on behalf of the defendants. Kuykendall's Testimony Frequent leterence is made to remarks made by Ed Kuykendall concerning an alleged meeting of the defendants to discuss ways of fighting duals. This testimony was considered among the mort damaging to the defendants' case. The brief seeks to convey the impression that the M. P. T. O. president's testimony did not confirm the conspiracy charge, but rather opposed it. What Kuykendall had said was this: "They (the major producers) simply agreed, I think unanimously, that it was a menace, was destructive — the dual bills — but they did not agree unanimously what action they would take at the time. That was the one trouble we had; we could not get them together." The testimony of representatives of each of the defendants is quoted in support of the claim that the ar.ti-dual provisions were inserted on their personal recommendations and not at the concerted demands of their superiors. These points of circumstantial evidence are pointed out to indicate lack of conspiracy: (1) The entire difference in language employed in the clauses and the lack of uniformity of the penalties provided. (2) The provisions were adopted at various times. (3) In some cases the clauses originated in home offices, in others through the local Philadelphia branches. (4) In some cases the provisions were used only in Philadelphia, while in others they applied to the entire country. In conclusion: "The Court is respectifully requested to reverse the decree of the lower Court and dismiss the bill on the ground that the plaintiff has proven no violation of the Sherman or Clayton Act." NEW YORK LETTER You say you're interested in getting reactions, rumors and random bits from Broadway? Well, here goes! The influence of the failure of "Midsummer Night's Dream" at the boxoffice is already shown in the decision of several majors to shelve their plans for future Shakespearean films . . . Your worst fears about "Dream" at the b. o. seem confirmed; it's nose-diving . . . Radio City Music Hall will play Paramount's "Peter Ibbetson," one of their two annual choices from that company's product . . . But, I hear that "Ibbetson" is all right class stuff, but won't get far in other spots ... I hear "Way Down East" is menacing low gross records wherever it has played . . . G-B's "Tunnel," now in its second week at the Roxy here, has far out-grossed Metro's "Rendezvous" running simultaneously at the Capital . . . Outstanding foreign language boxoffice attractions to have hit N. Y. in years is "La Maternelle" at the 55th Street Playhouse. A great picture for the femmes . . . Another import, "New Gulliver," Russian feature length puppet film, is a unique attraction, doing capacity biz . . . Rumor had it this week that Erpi bid for Universal, but it is a fact that Erpi itself is for sale . . . A. T. and T. wants to wash its hands of this subsidiary . . . Paramount is howling about "Hands Across the Table," but records show that it is not setting any houses afire with biz . . . Variety is in line for the Pulitzer Prize for Journalism for their exclusive scoop on Hearst's departure from California and his advice to producers to move their studios elsewhere . . . Hasn't Zanuck been the flop so far with Fox! . . . You'll get more of this next week, whether you want it or not! ELK. Variety Tent 13 Gets Going The Philadelphia Variety Club, Tent 13, held its first fall luncheon at the Bellevue-Stratford last Wednesday and celebrated the re-assemblage with a grand show. Benedict Gimbel, Jr., and Leon (Doc) Levy were Kings for the Day. Leonard Schlesinger stepped into the shoes of chief barker Earle Sweigart, who left a sick bed to attend, but couldn't handle his duties. Talent included Ben Bernie, Graham MacNamee, Powers Gouroud, Boake Carter and several of Major Bowes' Amateurs, minus Oscar Neufeld. It was highly successful. Why Not Buy GOOD Printing? NATIONAL-PENN PRINTING CO. 1233 VINE STREET Philadelphia Locust 0538 SIMON LIBROS AL BLOFSON OSCAR LIBROS Among those at the I. T. M. Affair Sunday Evening we see . . .