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" JURY REQUIRES ONLY 38 MINUTES FOR ST. LOUIS VERDICT Film Executives Acquitted By St. Louis Jury of Anti -Trust Conspiracy Charge Special to FILM BULLETIN 38 Minutes . . . ST. LOUIS. — The five major film company executives, charged with and indicted for alleged conspiracy to violate the anti-trust laws by withholding product from three local Fanchon and Marco theatres, were acquitted by the jury here Monday. After an exhaustive three-hour charge by .\ ■ill Federal Judge George H. Moore, in which, many observers believed, the jurist indicated an opinion that he believed the defendants guilty, and to many portions of which defense counsel objected strenuously and made exceptions, the jury required only thirty-eight min-; utes to return its acquittal verdict. Only two ballots were taken and the result came so un-' expectedly that none of the defendants were present in the courtroom when the decision was announced. ' J The five film men were Harry M. Warner, Herman Starr and Gradwell Sears, all of Warner Bros.; Ned E. Depinet, president of RKO, and George J. Schaefer, vice-president of Paramount. Abel Cary Thomas, treasurer and counsel of Warners, who was among those indicted, could not stand trial due to illness. The charges against him will undoubtedly be dropped by the Government. Object to Charge . . . It was obvious that counsel for the film magnates was displeased with Judge Moore's charge to the jury. Frederick H. Wood, one of Warners' attorneys, in objecting to one portion of the court's charge, said that it "resembled a stump speech." When Judge Moore mentioned the galaxy of legal talent representing the defendants, Wood objected again, asking the court to supplement his charge to eliminate whatever effect the remark might have. At one point, the court referred to "great accumulations of wealth being used improperly," and this, too, brought the lawyer to his feet with an exception. 6 Weeks . . . The case consumed exactly six weeks and the record of testimony showed over 1,000,000 words. Russell Hardy handled the case for the Government, while a battery of prominent legal talent, headed by the brilliant veteran and former U. S. Senator James A. Reed, was assembled to defend the film men. The outstanding witness for the defense in the closing days of the case last week was Ned Depinet, whose forthright manner obviously made a strong impression on the jurors.. The RKO president claimed that his company sold its product to Warner Bros, in St. Louis because they had already made a deal with Warners and because Harry C. Arthur, Jr., F. and M. head, had complained that he lost money with RKO pictures. He concluded, then, he said, that Arthur did want to play them again. First Sunday Movies In Phila. Definitely Fixed For Nov. 17th Certified . . . In accordance with the provisions of the legislative act under which the Sunday movies referendum in Pennsylvania was held last Tuesday, Philadelphia will get its first Sabbath film shows this Sunday, November 17th. The vote was finally certified by the Elections Board to Mayor Moore yesterday (Tuesday) morning and the city's highest official said the word "go" that meant the shattering of the 190-year-old "blue laws" which forbade commercial entertainment in the Quaker City. The vote was "Yes," 357,555; "No," 133,034. Movie houses throughout the city will be allowed to open their doors at 2 P. M. this coming Sunday and the Mayor issued a warning that the police would be under strict orders to prevent violation of this provision of the law. Mayor Warns Exhibs . . . "It is my idea," Moore stated, when accepting the certification, "that nothing can be done before 2 o'clock in the afternoon, and I understand no tickets will be sold before that time. "I will instruct the police to see that the letter of the law is observed. I am sure that movie theatre owners generally will adhere to the law. Doubtless there will be "speakeasy" fellows who will try to open up before 2 o'clock. However, the police will be very strict about this, and I will assign extra police, if necessary, to bring them in line." Threat . . . Meanwhile, the opponents of the open Sunday are girding themselves for an attack on the legality of the law and a campaign against Warner Bros. Theatres, who led the forces for approval of the bill. Rev. William B. Forney, secretary of the Lord's Day Alliance, is contemplating seeking an injunction to halt Sunday film shows, on the grounds that the act required a majority of the total number of people who voted in the election — not only a majority of those who voted on the referendum. He is awaiting the official count of the mayoralty vote to ascertain if this line of attack is open. If not. Dr. Forney told FILM BULLETIN that he may take the question of the bill's constitutionality into court. Hits Warners . . . The church group leader opened his campaign against Warner Bros, by sending a letter to the Philadelphia Real Estate Board, stating that "chain theatres from New York are said to be indebted to our city for #1,054,000 in delinquent taxes and are permitted to retain their property and run their business. "May I ask your board to sec that foreign corporations that transact business in this city are compelled to pay their taxes, especially when they have such large funds to spread for propaganda." A letter from Dr. Forney also went to the Central Labor Council, which supported the Sunday movie measure, to see that printing for theatres is done in Philadelphia, additional men are employed and that there be no increase in theatre admission prices on Sunday.