Independent Exhibitors Film Bulletin (1939)

JUNE 12, 1939 21 Exhibitors Accept Code As Only 'Partial Solution9 (Continued from Page 1 ) While there may appear to be a radical discrepancy between the answers to 3, 3a and question No. 4, that can be explained. Someone may ask why 76 percent of the exhibitors vote agreement that the Code should be accepted as a "partial solution", yet 51 percent immediately after vote to reject the entire scheme. The answer rests in the attitude of a large section of independents who see advantages in the Code, but who share Allied's suspicion that it may be used to defeat those broader reform objectives for which that organization has been fighting for years. The exhibitor of that mind might be construed as answering the two questions in this manner: "Yes, there are some worthwhile concessions offered in the Code, concessions which I would like to accept, but if those comparatively minor gains are to squash the Neely Bill, theatre divorcement and the Government's anti-trust suit, I reject the whole Code." Of course, there was probably a substantial number of loyal Allied supporters who blindly voted rejection of the pact because the organization has not approved it, despite a_ personal inclination to approve certain points for their own benefit. A breakdown of the results into the four sections of the country reveals the strongest support for the Code coming from the South, from where, incidentally, the largest number of MPTOA members answered. In that area 88% accept the Code as a "partial solution", while only 42% (as against 51 % of the national total) would reject it entirely. In the East, where Allied was represented by no less than 49% of those voting, 70% voted "yes" for partial approval and 54% voted not to reject the code entirely. The Middle and Far West were most emphatically anti-code, those two territories being chiefly responsible for the 51% majority favoring rejection of the entire plan. Impressive evidence of the importance with which many exhibitors regard the issue is contained in the fact that a large number of the ballots bore extensive comments written by the voters. These opinions in themselves disclose an interesting and valuable panorama of the whole field of film trade problems, as viewed thru the eyes of individual theatremen. Space limitations do not permit us to quote from all the comments, but following are excerpts from a number of unusual and typical ones. Having assured all those participating in the poll that their names would not be revealed, only the State from which the reply came and the organization, if any, to which the writer belongs will be noted. GOVT REGULATION URGED "As an independent exhibitor who has suffered thru the oppressive tactics of Fox, Skouras and Schine circuits, it is my belief that government regulation is the only solution to the picture theatre's problems." NEW YORK-Unaffiliated. "When the manager or salesman makes a suggestion to the Home Off ice regarding a situation, it should be accepted. The salesman who is in touch with the exhibitor knows the situation and is capable of passing judgment, or he would not be where he is. Why not give him more power? Let him decide what is right and then let the Home Office abide by his decision." CONNECTICUT-Unaffiliated. "It is time for all sensible independent exhibitors to unite in an organization that will protect and defend their interests against unfair trade practices, if they hope to be able to continue in business. Above all, the 'numbers racket' (sale of pictures by numbers) with the right of the distributor to allocate them as to terms and preferred playing time should be stamped out." PENNA.Allied. "Any partial acceptance would be treated as a surrender of exhibitor rights and misinterpreted and may embarass the Government suit." MASS. -Allied. "I personally do not see why any fair-minded independent exhibitor should not accept the trade code as a partial solution to settle cur problems with the distributors. However, I feel that the distributors in some cases have not accepted the conditions under which it is written, nor will they live up to the guarantees contained therein. I can already 'smell a rat'. In two particular cases in which exchangemen have solicited me for my theatres they have insisted on forcing of newsreels and shorts as in the past . . . Even though my experisnce tells me that the distributors will get around any concessions the code gives exhibitors, I am heartily in favor of acceptance in its present form as a partial solution of our problems and expect that it will probably lead to better conditions." PENNA. -Allied. ASKS FULL PROGRAM SALES "Shorts should be included with features at no additional cost. For example: if you are playing a Metro feature they should supply shorts as well, the price of the feature to include complete program. When this is done, they will stop making fifty-minute features." MARYLANDAllied. "There are provisions in the code that will be beneficial in a small way. Maybe we better accept it as a faltering step forward." KENTUCKY-Unaffiliated. "Give the little fellow a chance to live and not worry about circuits and their undue clearance. The independents pioneered this business — now we are being forced out. This business needs a good shot of Pluto water to clean it!" SOUTH CAROLINA-MPTOA. "Will help to serve as a partial solution to our troubles. But, as a Paramount salesman says, each company will step up their price to take care of the cancellation. And the Paramount salesman offers you, for instance, fifty-two pictures and sells you only forty-seven. Thus, he does not sell you a full deal and you are not entitled to the cancellation." VI RGI N I A-Unaff iliated. "I think the new code means nothing whatever, because even now salesmen are in the territory still forcing shorts and newsreels, still using coercion and offering exhibitors one deal if they want the 20% cancellation and another deal if they will not insist on the 20% cancellation." ARKANSAS-MPTOA. "I am in favor of drastic laws enacted by the United States Congress for permanent relief for independent exhibitors." SOUTH CAROLINA-MPTOA. "I am more interested in eliminating 20% of any one contract than I am of any other part of the various points." MISSISSIPPIMPTOA. "The industry should and can solve its own problems without taking recourse to the Courts, but as yet, the small independent exhibitor seems to be getting the worst of it." ILLINOIS-Unaffiliated. UGLY RUMORS "Ugly rumors are already circulating that major distributors are offering exhibitors short subjects and newsreels first, and if the exhibitor refuses to buy these, the distributor is 'not interested' in selling features." OHIO-Allied. * * S: "The small town exhibitor should have the opportunity of buying more companies in smaller blocks. One can get a decent turnout on the good pictures, but a two-change theatre has trouble getting enough good pictures without overbuying. Consequently people get to looking at the Friday and Saturday pictures as something we want to get rid of, which is largely the truth." NEBRASKA-Unaff iliated. "I believe if men would sit down sincerely and honestly, they could work out their problems, providing they would see the other man's point of view in a fair and impartial way." NEBRASKA-Unaff iliated. * ft (Continual on Page 22)