Independent Exhibitors Film Bulletin (1941)

"Not a dark house in more than 20 years of film delivery service!" NEW JERSEY MESSENGER SERVICE Menil)er National Film Carriers' Asa'n 250 N. JUNIPER STREET rillLADELPHIA I.OCIST 482.! RACE 4600 BULLETIN Speaks FOR and TO The Independent Elxhibitors of America TIME SAVE ENERGY INSURANCE WORRY MONEY Economically Sensible for All Your Deliveries to Be Made by HORLACHER DELIVERY SERVICE, Inc. PIIII.ADKI.PHIA BALTIMORE 1228 Vine St. 1801 Bayard St. WASHINGTON NEWARK 1638 3d St., N. E. 52 Hunter St. M. I.fiwr<-nc« Dafiy, Notary Public, Phlla. Member National Film Carriers, In*. SHORT SUBJECTS FROM PHILLY By JAY WALKER • TRADE SCREENINGS 7/28 2:30 p.m. — Down in San Dicfji) (.Metro) — Al dinu Theatre. l/2'.l 2.00 p.m. — Hfiiry Ahlrich for President (Par.) — AlcHne. :/2'.i :i:.30 p.m. — New Yarli Town (Par.) — Aldine 7/:;ii 2:00 p.m. — !Sii> Me Tliat Town ( I'ar.)— Aldine 7/:jU 3:30 p.m. — N^itliinj; Hut the Triitli (Par.) — Aldine. 8/4 10:45 a.m. — Sergeant York (WB), 1220 Vine Street. (Note; Tliis picture will probably b2 shown several tim,s during the day.) Harry Waxman, A. C. inde, filed action against Columbia Pictures, Weilland Theatres and S-W, to restrain Columbia from delivering two pictures to Weilland's new Embassy ahead of Waxman's Hollywood. Morris Wexler, counsel for Columbia, argued that the Waxman's contract gives him second run on Atlantic Ave., without specifying any particular first run. George T. Steeley and George P. Aarons, attorneys for the exhibitor, contended that the S-W Colonial had always been the recognized first run and that the Embassy, a new spot, is covered by the clause dealing with clearance over new theatres. Wexler countered this position with the argument that the provision is effective only where the existing theatre is given automatic clearance over all theatres in the vicinity. Weilland's house, the attorney claimed, is the first run provided for in Waxman's contract. A plea for an injunction to restrain Columbia from delivering the two pictures was rejected by District Court Judge Guy K. Bard. Although his company is "not bound by the Consent Decree," Herb Given, local franchise holder for Producers Releasing Corp., scooped the inde field when he announced last week that he will adopt the trade previews idea for his product. Given has arranged screenings of his own "blockof-flve" at 1220 Vine Street. The dates follow: Aug. 5, 2:00 p.m. — "Paper Bullets" and "Billy the Kid in Santa Fe"; Aug. 6, 2:00 p.m. — "Gambling Daughters" and "Reg'lar Fellers"; Aug. 7, 2:00 p.m. — "Desperate Cargo".. .Although Paramount represented to exhibitors during last selling season that the 40-'; "special production" would be DeMille's "Reap the Wild Wind," the distributor is now busy switching its allocations to get those terms for "Caught in the Draft"... Dave Segal has acquired the Band Box, Middleburg, from J. O. Bud jnoski . . . Pi-operty owners on the south side of The Street have still not received official notice to vacate to make way for the creation of a wider bridge outlet. Nevertheless, they are beseiged by real estate agents, architects and builders, who warn them that they must move and to start looking for other locations . . . Ted Aber is back with Par locally. Covering Jersey... WB's "Sergeant York" will be roadshowed at the Aldine starting the last week in Aug.. . ."Kane" will not be roadshowed. . . No more Sunday night previews at the Variety Club. . .Warner Theatres settled the Lansdowne suit by taking a ten-year lease on the theatre. . .Barney Cohen, who managed the house for Henry Friedman, goes to S-W Cro.ss Keys. FROM BOSTON By BARCLAY TRADE SCREENINGS 7/28 7/28 7/29 7/29 7/29 7/30 S/.1 2:00 3:30 11:00 2 :00 2 :00 2:00 2:00 P.m.p.m.a.m.p.m.p.m.p.m.p.m. l^n.^ .>le Tl at Town (Paramount) — r:uainoujit li.xcluuige. -Nothing But the Truth (Paramount)— PTramnunt Exchange. — Henrj .Aldrich fur I'r:'«idpnt (Paramount)— P:u;im()urit F:x h inge -Down in San Diego (M<i.M) — Exeter Tlieatre. -New York Town (I'aramount) — Pa'amrunt Exclnnge. -Ho!d Bael4 (lie Dawn (Paramount) Pur iiiiiinnt ICxfh-jnt;''. —Sergeant ^ ork (\VB) — 20th-Fox Screi-ning Ru<im. Lueien Descoteau, a member of the Independent Exhibitors, Inc., operating several theatres in Manchester, N. H., won the s:cond AAA case to come up in Boston when Henry M. Channing, arbitrator in the matter, sustained Descoteau, Attorney George S. Ryan and Ind. Ex business manager Arthur K. Howard by finding "the clearance complained of unreasonable". . .It was the second AAA matter to come up in Boston. .The arbitrator summarized the Manchester, N. H., situation in that, "In point of fact, the Shea theatres have, on the average, about 125 days in which to show pictures in any one or more of their five houses, before they are shown in any one of the three Descoteau houses" He decreed that, "No consenting distributor defendant shall, in any arrangements for the use of its product with an exhibitor in respect to any theatres in Manchester, N. H., a party to this proceeding, grant more than thirty days clearance for any feature p.cture after a showing on first-run, or more than seven days clearance for any feature picture after a showing on second-run, prior to the commencement of a showing at any other of said theatres . . . Third or subsequent runs shall not receive clearance over other theatres; but this award shall not be construed to prevent any of said distributors from selling feature pictures for such runs in sequence. . .Included in the exception arrangements to which the maximum clearance fixed by this award should apply are clearance provisions under existing franchises or any licenses hereinafter entered pursuant to such franchises between any consenting distributor defendant and any exhibitor, party to the proceeding". . .Shortly afterwards an adverse decision came in on the Abe Garbose plea for national release date at Athol. With the same set-up backing Independent Exhibitor member Garbose, this opinion left the local Allied office with a .667 batting average ... John Daly, arbitrator in the Garbose plea, followed a previous NRA opinion in ruling "it is reasonable that clearance shall exist in Fitchburg as against Gardner, and that there shall be no clearance as between Gardner and Athol"... He found "the present clearance in the Fitchburg, Gardner and Athol area is reasonable" ...The arbitrator, in his decision, stated that, "On November 22, 1934, the Code Authority rendered a decision between the then operators of the Orpheum and Uptown theatres in Gardner and the Maine and New Hampshire theatres to the effect that Fitchburg was entitled to clearance over Gardner and that seven days maximum clearance between the two towns was reasonable". . ."The present complainants have been operating the two theatres in Athol since 1933. Since 1934, they have objected vigorously and continuously to the situation described." 26 FILM BULLETIN