The Film Daily (1937)

DAILY Thursday, Dec. 16, 1 !> THREE MORE EUROPEAN TECHNICOLOR LABS? (Continued from Page 1) study the situation during his current trip. With the new plant in England and the expansion of the laboratories in Hollywood, Technicolor is preparing for a greater number of color pictures than ever before. The company is spending $1,000,000 in enlarging its Hollywood plant, Dr. Kalmus said, to take care of the increase in business. He would not say how many Technicolor features would be made in 1938 but he asserted that the number would be greater than those made in 1937. By exchanging matrices between Hollywood and London, the pressure* upon the two plants can be relieved, Dr. Kalmus explained. By that he meant that the matrix for a Technicolor picture made in England for American distribution can be sent to Hollywood for printing, thereby relieving the pressure on the London laboratory. The same system can be applied in printing an American picture for English distribution. Dr. Kalmus said that Technicolor is preparing to move its New York offices uptown but that no site had been selected. When asked about reports that Technicolor would establish a plant in Canada, Dr. Kalmus replied that no such plans had been made. Asked if a Technicolor contract finally had been signed for "Gone With the Wind," Dr. Kalmus said that question would have to be answered by David O. Selznick. Dr. Kalmus plans to return to New York early in February. Columbia Declares Cash Divvy; Defers on Stock (Continued from Page 1) ing Trust Certificate holders of record at the close of business Dec. 22. Tax legislative activities and uncertainties with respect to the ultimate status of the present undistributed profits tax law, have been deemed by the management of sufficient importance to justify the deferment of action, at this time, on the usual 2Y2 per cent stock dividend. It is contemplated that the matter of a stock dividend will be again discussed late in the Spring when, it is hoped, final tax legislation will have been passed. "Voice of People" Montreal — Pointe-aux-Trembles, theaterless suburb of this city, held a three-day referendum on proposal to permit erection of a $75,000 film house. It carried by a 3 to 1 vote. United Amusements is reported back of the project. Philly Exhibs Decide Not to Carry Boycott Case to U. S. Supreme Court (Continued from Pane 1) leaders with Attorney Ben Golder, counsel. Circuit Court on Tuesday handed down a decision granting Para, a permanent injunction, and first general reaction was that the precedent established represented a distinct victory for major distribs. UMPTO took a different view at its meeting yesterday, Golder issuing a formal statement at its conclusion which said: "I have read the decision of the Circuit Court of Appeals and it comes to me as no surprise. I think it is a good decision, consistent with the law which has heretofore been established. "The exhibitors disclaimed at the trial of the case before Judge Dickerson any intentions to picket, to use force, or any coercive methods, and so far as I know, they didn't violate this disclaimer. I frankly stated to both the trial court and to the appellate court that the business men had no right to engage in a secondary boycott and this restriction applied just as well to exhibitors as it did to producers and the appellate court's finding that we had no right to engage in a secondary boycott is not only consistent with the laws as heretofore established, but is consistent with our undertanding of the matter and our understanding of the position which we stated we would take. "That which I was particularly anxious to retain for the exhibitor was his right as an individual exhibitor, and as one of a group of exhibitors, to protect his interests with anyone with whom he had dealings if he, as an individual or as a group, felt that he was not being fairly treated. I am glad to say that this right has not been affected by this decision. "Leaving now the legal side of this case which has not taken from the exhibitor any right which he heretofore had; to wit, collective bargaining and the right to cooperative action, I feel that the result of the entire situation is one of great benefit to the individual exhibitors and to the exhibitors generally. Henceforth, armed with the knowledge that they have a right to cooperate and armed with the knowledge that they do not need to use any illegal methods, they are in a better position to recognize the value of concerted action for their mutual benefit." Specific Examples Cited In Phila. Conspiracy Charge In granting Paramount a permanent injunction against the UMPTO boycott, Judge Joseph Buffington found that even "without violence, peaceful persuasion could not be done without the interference and stoppage of the free flow of interstate commerce." This was learned yesterday in a study of the opinion which held that exhibitors involved in the "buyers' strike" against Paramount product violated the Sherman anti-trust act. Judge Buffington cited specific examples of alleged conspiracy in pointing out that pamphlets, post cards, letters, threats to picket theaters playing Paramount product and other methods were employed. Further evidence, he wrote in his opinion, was the meeting held in Philadelphia June 23, when a "war board" and a "war chest" were set up. He quoted a speaker at the meeting held in Washington, D. C, June 29 as saying: "The onlv way Paramount can be punished is through the pocketbook. If 4,000 theater owners should not buy Paramount's '37-38 product, it would cause Paramount a loss in revenue of between $8,000,000 and $10,000,000. But the real value of the action would be the effect it would have on other major distributors." Commenting on this evidence, Judge Buffington wrote that "any sound interpretation of the evidence, if carried out, admittedly brings the action proposed by it within the inhibition of the Sherman Act." Judge Buffington in the early paragraphs of the opinion wrote: "What the appellees (UMPTO) set out originally to do was a violation of the Sherman Act. "As appears by the untraversed bill and by affidavits, they conspired to (1) prevent by coercive means the making of contracts for future distribution of the films produced by the appellant (Para.) in interstate commerce until it offered better prices and terms; (2) to prevent the exhibiting of the producer's films and their transportation in interstate commerce to fufill existing contracts until the appellant complied with the demands of the conspirators." RKO Men Shifted Atlanta — Clyde Vaughan, Foye Gaye, Paul Harrison, Mabel Laidlaw and Frank Schiendler, all formerly of the recently-closed RKO Jacksonville branch, are to join RKO local office. $40,000 for Chi. Charity Chicago — Mayor's Christmas charity show last night played to a gate estimated at $40,000. Actors Equity permitted acts from the Chez Paree Club to appear. Chicago Grand Opera cast also volunteered. ASCAP MUST REVEA GROSS NEBRASKA I (Continued from Page 1) Secretary of State, giving the | retary of State leave to file ii j rogatories. The four plain*) Buck, Walter S. Fischer, Schirmer, and Saul Bernstein, , sic publishers, were ordered to | swer with the information reqnl ed. Among other information I are ordered to furnish is the g : business done annually in Nebrr* by Ascap since 1920. Omaha — Since the recent deci granting Ascap a temporary junction restraining the state other officials from enforcing so-called anti-Ascap law, the forming rights society resu business in this state and has lected license fees retroactive the past five months. Total involved is placed at approxim ly $50,000. Atlanta — Consensus of opit regarding passage of the anticap bill pending in the legislal is that the measure will fail to lack of sponsorship by leac radio stations and motion piclj exhibitors. Bill was written bj I N. Peacock, Jr., an attorney of || bany, Ga., who claims the bad j of "eight small exhibitors .and i small radio stations." Large n\ outlets are of the opinion that \\ sage of the bill would complic ( the copyright situation to a p<J where it would be impracti I Among the larger stations aga I the bill is station WSB which 'I further backed up by its affili 1 The Atlanta Journal. Exchange Union Confabs Off Until After Holid. (Continued from Page 1) ing hours, conditions and defini' of terms, a third meeting of ne tiators has been postponed until ter the approaching holidays. Yesterday and the day bei; short sessions at the Warner B home office revealed that terms w agreeable to all present, but tling of final details require anot huddle, it was declared. Roxy Marquee Change | Familiar Roxy Theater marque, undergoing face-lifting. Namer joint of the arms fronting Seven Ave. and 50th St. is being remor to make way for three-channel pit Serials9 Stronghold Oklahoma Cilty — While some other, types of pix are waving back and forth on the b.o. sheets in houses over the state, the serials still pack 'em ln.1 State is one of best serial territories on the map. Many smaller houses have]; full week of serials even when threei changes per week are on schedule. | small town grown-up interest having asi much to do with it as the kid interest.;