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O 'V DAILY
Monday, October 28, 1940
Say Court Can't Order Decree Change
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pointed out that the Court's power in the matter was sharply restricted.
Judge Goddard, it was stated, can either affirm or disaffirm the decree as it is presented to him. He cannot make or compel the making of changes. He may suggest them to the Government and the defendants, if he sees fit to do so, but that is all. It was observed that neither the majors nor the Government, having reached an agreement, would be likely to consider modifications, thus reopening the long-drawn-out negotiations.
Approval of the decree by both Attorney General Robert Jackson and Assistant Attorney General Thurman W. Arnold is accepted as a mere formality. Arnold at least studied the decree over the weekend, according to word from Washington, and it was said that probably Jackson did likewise.
In the latter event, it is likely that the decree actually will be presented to Judge Goddard tomorrow. If not, of course, another short adjournment is in prospect.
THE WEEE IN REVIEW
Majors Accept Decree — V. K. Remittance
By L. H. MITCHELL
Conn. MPTO to Get Arnold Views on Consent Decree
New Haven — Connecticut MPTC will meet today at Ceriani's Caf. Mellone, with Irving C. Jacocks, Jr., vice-president, in the chair. Herman M. Levy, executive secretary, will report on the present status of the consent decree, and on the views expressed by Thurman Arnold, Assistant Attorney General, in an interview.
The executive secretary in pointing out the postponements in negotiations, hopes "that some of the time and effort is being spent to substitute new provisions in the decree for some of those, more importantly the block-of-five one, that have been disturbing exhibitors the country over." The executive secretary points out that Connecticut MPTO has already voiced its opposition to the decree in a letter to Arnold.
20th-Fox Starts 6 on Nov. 11
West Coast Bureau of THE FILM DAILY
Hollywood — Plans are being completed on the 20th-Fox lot to send six specials before the cameras on Nov. 11. Production on the lot will reach its top pace for the year when the cameras roll on that date.
3 Pa. Cities Seeking Premiere
Philadelphia, Pittsburgh and Altoona are seeking the privilege of showing the world premiere of Hal Roach's "Broadway Limited."
DOMESTIC
CONSENT DECREE: Long drawn-out equity suit appeared nearing an end of one phase with the five majors accepting decree's pro visions, but with the Gov.'t ready to file amended suit against the "Little Three" . . . Exhib. organizations are up in arms against the decree — even Allied having instructed Abram F. Myers, its general counsel, to intervene in court if possible, finally adopting stand similar to that longheld by the MPTOA and the ITOA . . . The five consenting majors will parley soon on expected effects of the decree.
SMPE CONVENTION: SMPE at its annual convention at the West Coast awarded its Progress Medal for the year to Walt Disney for developing the film cartoon to its present high level . . . Emery A. Huse of Eastman Kodak, was elected SMPE's new prexy, succeeding E. A. Williford of National Carbon . . . Development of a "cold" sound stage, at sub-freezing temperature where real snow may replace artificial, was announced at the engineers' gathering. * * *
THIS AND THAT: Paramount
won its battle against the Pennsylvania censors who first banned the newsreel feature, "The World In Flames," but reconsidered upon viewing the film a second time . . . W. Ray Johnston branded as false published report that Monogram was going out of production and would act as distributing agent for out
side product only. Mono., he said, would finance 90 per cent of its releases . . . Robert Schless was named head of Warner Bros, foreign department . . . Maurice A. Bergman resigned as head of Columbia's ad. and publicity department, to become advertising manager for 20th-Fox . . . Admission tax receipts for September reached $5,851,655, a jump of $1,444,557 over August, and of $3,y99,389 over September 1939 . . . Chaplin's "Great Dictator," captured 208 playdates through deal with Loew's and FWC . . . Martin Smith of Ohio is expected to succeed Col. A. H. Cole as Allied's prexy . . . Maj. L. E. Thompson reported that 9,000 theaters would co-op. in the annual Red Cross drive . . . Equipment dealers formed a national organization to be known as Theater Equipment Dealers Protective Ass'n.
FOREIGN
ENGLAND: British authorities were reported at mid-week as increasing offer of remittance money to be sent to U. S. distribs, for the next year. Later report said that Ambassador Joseph P. Kennedy was bringing back an offer of 100 per cent remittance for first $8,000,000 and 50 per cent of the second $8,000,000, with latter figure not expected to be reached.
* * *
FRANCE: New law was seen reorganizing the entire motion picture industry in France. Law would severely restrict film activities of Jews.
Myers Sen Brandt Views Like Allied's
Paula Seligman Wins Para.'s Idea Contest
New Shea House Ready
New Philadelphia, O. — The new Quaker Theater here (Shea) will open Friday, Nov. 1, Manager William Gillam announces. Policy will be single feature, first-run, for the time being.
Paula Seligman of the artists' booking bureau won the grand award in Paramount's production idea contest for the New York area. She was presented with $100 at the annual Paramount Pep Club party at he Hotel Astor Friday night. Miss Seligman also won first prize in the home office employes group and was n-esented with an additional $50.
Charles Brouda of the legal department took second award in the home office group and was presented with $25. There were 60 other prizes of $5 each.
In the Paramount Theater employes division, Jack Bienstock won first prize of $50, while Joseph Kap"an won second place with $25. There were 10 other awards of $5 each.
In the Netco Theaters division, Mildred Davis of the State Theater, Poughkeepsie, was awarded first prize of $50, and Toni De Felice, of the Bardavan, Poughkeepsie, was given $25 as second place winner. Ten others received $5 each.
Approximately 700 persons attended the dinner, with about 500 others attending the dance.
FHA Film Section Will Quit Production Field
Radio and Motion Picture Section of the FHA will drop its film production activities although retaining its distribution setup, according to George Van der Hoef, Section chief. Decision means that further production will fall to private industrial interests.
The FHA began the production of educational films for theatrical release six years ago, and for four years, financed them. In 1938, the Administration began to seek private sponsorship for some subjects.
The Government films, produced in Hollywood by Pathe and largely made in Technicolor, have gone to theaters without charge. FHA estimates that playdates have totaled 60,000, with an aggregate audience of 100,000,000. Approximately 13,000 theaters are serviced by the FHA distribution setup.
For future films, the Section is guaranteeing sponsors distribution m a minimum of 5,000 theaters and complete attendance reports on individual screenings. Up to five concerns may split sponsorship basis. Section believes it can handle four new subjects in 1941.
(Continued from Page 1) clean" in response to Allied's request for information, Myers, in a bulletin made public on Friday, charged Ed Kuykendall, MPTOA president, with dodging the issue.
However, Myers wrote, Brandt has removed the basis of the criticism which he allegedly has heaped on Allied, adding that "it now appears that he opposes the very features that Allied has been striving to have corrected. His resons, in many instances, are similar to those urged by Allied in its representations to the Department of Justice."
Continuing, Myers said:
"The most revealing part of Mr. Brandt's answer is that which has to do with the definition of a circuit. He rejects the principle that independent theaters should be protected against the buying power of circuits and buying combines. He says, 'The question is not the size of the operation, but solely theater against theater.'
"Allied has felt that the definition of an independent theater was too narrow and has so advised the Department. It has not, however, questioned that a group of theaters bound together in a common operation or buying combine constitute a circuit. Allied asked that Mr. Brandt give his views as to the classification of buying combines as circuits, and got its answer. The answer will be pondered by independent exhibitors everywhere."
Pa. Superior Court Rules Bank Night Illegal
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Creary it had upheld a decision of the Beaver County courts against J. C. Lund, Aliquippa theater manager who was convicted last March of setting up and operating a lottery and fined $500.
Lund appealed the local court's finding and contended that Bank Nights at two Aliquippa theaters did not constitute a lottery since some of the patrons attended on passes and had the same chances of winning as those who paid admission.
ITO of Oregon Goes On Record Against Games
(Continued from Page 1) support. The effect, however, has been quite the opposite.
ITO represents some 90 theater operators in this state.
NWMP Clicks at Upped Prices
NWMP is clicking at advanced prices in several Canadian and U. S. situations, Paramount reported over the week-end. Spots cited were Chicago, Providence, Regina, Winnipeg, Calgary, Toronto, Edmonton and Saskatoon.