Independent Exhibitors Film Bulletin (Sep 1935 - Aug 1936)

WEDNESDAY, APRIL 29, 1936 5 Gov't Studying Plan For One Nation-Wide Attack On Film Biz Anti-Trust Policies INDIVIDUAL SUITS NO REAL REMEDY, DEP'T OF JUS. BECOMING CONVINCED There is evidence that Department of Justice officials are becoming convinced that individual, isolated legal attacks on alleged anti-trust practices by the majors is proving fruitless as a remedy for the basic situation. This may be viewed as a change of the Department's policy in dealing with the troublesome film industry. Heretofore, the Government agents have restricted their work to investigating individual complaints filed by independent exhibitors, of which they have received many hundreds, to ascertain whether they are strong enough to warrant legal action. The F&M St. Louis case was selected for action because D of J investigators felt they had a bona fide case of conspiracy against the three film companies involved. The long drawn out and expensive proceedings have served to prove to the Government that an individual suit of this sort must necessarily be confined to the particular case at hand and all efforts to broaden its aspect to include other companies and trade practices other than those charged against the defendants prove unavailing in the courts. HARDY BLOCKED . . . The repeated attempts by Special Prosecutor Russell Hardy to widen the scope of the St. Louis case failed because of legal restrictions. There is no doubt, too, that the Government's case was actually weakened by the nature of its prosecution. Faced with the dilemma of either confining the action to the local situation and winning a verdict that would be purely local, or endeavoring to broaden it to national scope and thereby placing less emphasis on the original complaint, the Department adopted the latter plan and encountered the court restrictions that harmed its case no end. NEW PLAN . . . Some members of the Department are now understood to take the view that the previous policy will only keep them occupied with fighting individual film industry cases indefinitely and that it would be wiser to plan one nation-wide attack on monopolistic practices alleged to be employed by the major producer distributors. It is understood that the Government attorneys are investigating the legal lanes that might be open for them to follow in conducting such a broad campaign. When they are ready for the crack down, they want to be in position to command the records of all the film companies and their Hays organization and to have the power to subpoena anyone whose testimony might aid them. This may be the story behind the letter recently sent the Department to all producers, asking information on the number of films released by them for several years back and other phases of the business. CLEM RIZZO DIES; BURIAL MON. 2 P.M. Clement Rizzo, one of the pioneers in the movie theatre equipment field, died Monday morning in Hahnemann Hospital, Phila., following an appendectomy. He will be buried Monday, May 4th, 2 P. M., from bis home at Crotzer and Elmwood Avenues, Folcroft, Delaware County, Pa. Interment will be at Whitemarsh Memorial Park. Although only in his 45th year, "Clem," as he was affectionately known to his countless friends, celebrated his 3 0th anniversary in the equipment business last September. He was one of the organizers of the Independent Theatre Supply Dealers Ass'n and held the office of vice-president. His place of business will continue to be operated as in the past under the slogans made famous by the founder: "Everything From Street To Screen" and "A True Friend Of the Independent Exhibitors." He is survived by his wife and eight children. Friends will pay their last respects on Sunday after 2 P. M. at the Rizzo residence in Folcroft. PHELA. EXHIBITOR GROUPS STILL AT ODDS ON MERGER DOUBTFUL . . . Hopes of exhibitor factions in the Eastern Penna. territory that one unified organization be formed through a merger of the I.T.O. and the local M.P.T.O. unit appear to have been dimmed greatly by refusal of the latter group to extend a cooperative hand. As a matter of fact, the M.P.T.O., at its meeting last Friday, apparently destroyed all remaining chances for the two groups to combine in the near future by adopting a motion appointing a committee to "induce" I.T.O. members to join the M.P.T.O. Since this suggestion is viewed as an affront by the majority of I.T.O. 's, there is little likelihood that it will get anything but the cold shoulder from the Independents. MOTION . . . The M.P.T.O. motion follows: "A committee of five members of this organization is to be appointed by the President to meet with the I.T.O. and with any groups of exhibitors not members of the M.P.T.O. of Eastern Penna., for the purpose of inducing such non-members to become members of this organization, in order to bring about one exhibitor organization in this territory. "Said committee of five shall have the power to fully negotiate with such nonmembers, limited in its authority, however, to make no binding agreement or terms without first submitting same for approval to this organization. "Further, on all questions which may be presented during conferences, touching said negotiations, which require an immediate vote of said committee representing this organization, that said vote sh.ill be a unit vote of said committee and not individual votes of members thereof." Lewen Pizor, President of the unit, appointed George Aarons, Abe Sablosky, Ed Jeffries, William Hissner and himself to act as the committee. The Ascap situation and insurance were also discussed at the M.P.T.O. meeting. A legal committee was appointed to investi gate the Ascap situation.