Independent Exhibitors Film Bulletin (Sep 1935 - Aug 1936)

6 INDEPENDENT EXHIBITORS FILM BULLETIN DUAL BILL APPEAL (Continued from Page 5) legislature could not lawfully impose compulsory arbitration upun the motion picture industry . . . Much less should it be within the power of the combination of practically all the distributors to do so by coercion exercised through control of the available supply of films." Proof of Conspiracy It is pointed out that the appellants failed to cite authorities and cases which state how a conspiracy must be proved and only laid down the general proposition that the burden of proof rests with the plaintiffs. The brief then recites a Dumber of cases to establish the fact that no direct proof of a clearly defined conspiracy is necessary. "Thornton on Combinations in Restraint of Trade. "A mere tacit understanding between con.'-pirators to woik to a common purpose is all that is essential to a guilty, actionable combination." "A conspiracy may be inferred from the things actually done by the alleged conspirators, where those things are the natural consequences of an agreement or understanding to do them, and help accomplish a disclosed common purpose." In the case at hand, the testimony of I. E. Cl'adwick, independent producer and one of the principal witnesses for the plaintiff, is quoted. His damaging testimony is repeated about Louis B. Mayer's speech on behalf of the major producers, in which Mayer declared that ways and means had been worked out in New Yoik to stop the double feature practice and ''have taken the means to remove that menace." In refutation of the argument that the M-G-M head had no authority to represent himself as speaking for the defendants, the brief states that Mayer was president of the defendants' producers and distributors association and that when he was introduced as speaking for them, none of the defendants present objected. Their silence is held to be proof of their acquiescence. NEW YORK LETTER Wants Pa. State Tax on Children's Tickets Dropped Just as FILM BULLETIN was being readied for bed this week, the following wire arrived: EDITOR FILM BULLETIN AM INAUGURATING A CAMPAIGN TO END TAXATION WITHOUT REPRESENTATION THOUSANDS OF CHILDREN ARE PAYING TEN PERCENT AMUSEMENT TAX IN PENNSYLVANIA THEY DONT LIKE IT THE EXEMPTION OF THE AMUSEMENT TAX FOR CHILDREN WOULD BE A SWELL CHRISTMAS PRESENT TO PENNSYLVANIA YOUNGSTERS WILL YOU HELP TO REMOVE TAX ON CHILDREN LARRY WOODIN ARCADIA THEATRE WELLSBORO PENNA Here is a good idea and one that can probably be accomplished by a concerted move by all theatre owners in the state. Just in case some of you Washingtonians and Philadelphians haven't been over in this mad beehive town they call Manhattan for a long time, let me inform you that it's louder, cheaper and not much the lustrous curiosity of the entire world it was a few years back. Pictures, the best of them, can't do eight weeks of decent businers at roadshow rates in the Astor anymore. Hawkers clutter up the Gay White Way, selling everything from "genu-ine" watches for two bits to rubber #10 bills for a nickel. But, why should I mooch in on O. O. Mclntyre's racket! I'll stick to reporting movie news from this location. Gaumont-British turned over "Scrooge" to Paramount for American release — another indication of Par's acute product shortage . . . Blaming the Capital's crowded schedule (Bounty") is there now and the new Marx Bros, opus on the horizon) Metro has sent the new Jack Benny flicker, "It's in the Air," into the Astor, which has been housing most of the slufr-offs lately . . . Joe Plunkett, who runs the Astor, is taking over the Bijou, nearby Broadway, on a foreign film policy . . . Band unit has been dropped out of Radio City Center . . . "39 Steps" is doing SRO biz in extended runs at RKO houses in greater N. Y. . . . Glowing reports reach these ears on Von Sternberg's "Crime and Punishment" (Columbia) booked into the Music Hall . . . Warners are running a build-up campaign in local sheets on "Stars Over Broadway," which breaks in at the Strand this Wednesday night. I hear James Melton gets off to a good picture start in this . . . Other openings include Fox's "Man Who Broke the Bank at Monte Carlo" (boy, did I expect them to chop that title!); "Thanks a Million," from the same studio; "Mary Burns, Fugitive," Paramount; "Remember Last Night?" U's new hit into the Roxy . . . Paramount Theatre here is trying a new one now; when a picture is being held over for a second week, on Thursday night (end of the first week) one of Par's doubtful films is booked in for one show to test audience reaction. Thus, they hope to learn if its worth a play at the house. ELK. George Sobel Represents Nat l Ad Trailer Company George Sobel, popular Philadelphia theatreman, has been appointed exclusive local representative of Signer 8C Bryne, New York advertising agency, for their distribution of ad trailers on behalf of Screen Broadcasts, Inc. The latter concern has contracted with a number of the largest manufacturers of nationally used products to produce short, snappy advertising trailers, which Signer & Byrne are distributing to theatres throughout the country. Exhibitors are paid for showing these trailers on the basis of the number of people attending the theatres. The advertising matter in the brief trailers is presented cleverly in entertaining manner. Among the companies on whose products trailers are already available are Bond Bread and Ford Motors. A theatre shows only one trailer at a time. No local advertising is solicited by this group. Sobel can be located at the Ritz Theatre, 2235 Orthodox Street, Philadelphia, or through FILM BULLETIN. SPECIAL ANNOUNCEMENT! HORROW NOVELTY ILL OPEN FOR YOUR CONVENIENCE PERMANENT SHOW ROOM AT 1319 VINE ST. PHILADELPHIA Personal Supervison of CHARLES HORROW MONDAY, NOVEMBER 18th Buy Your Prizes & Gifts Direct at WHOLESALE Prices, Eliminating Agents Commissionsf