The Film Daily (1934)

THE asm PABLV Monday, Jan. 22, 1934 CODE AUTHORITY SUED IN ALLIED TEST CASE (Continued from Page 1) merit to the Constitution and to enjoin its enforcement against the complainant. Complaint is signed by Abram F. Myers, Allied States Ass'n chairman as counsel, and verified by Reuben L. Haas, president of the complaining theater, and Sidney E. Samuelson, president of Allied Theater Owners of New Jersey. Included among the twelve defendants are Merlin H. Aylesworth, head of RKO; Sidney R. Kent, president of Fox; George J. Schaefer, vicepresident of Paramount; Nicholas M. Schenck, president of Loew's, Inc.; Harry M. Warner, president of Warner Bros., and Robert H. Cochrane, vice-president of Universal. Administrator Hugh S. Johnson is not made a party defendant for the reason that he can not be found in the Southern District of New York, the complaint states. The bill of complaint alleges that the motion picture code is contrary to the Recovery Act for the reasons that (a) it was not applied for by any representative group of the entire industry; (b) that by its terms and necessary effect the code is designed to promote monopolies and to eliminate and oppress small enterprises and that it will operate to discriminate against them; and (c) that the code does in fact permit monopolies and monopolistic practices. In support of this charge it is alleged that the code confers on the Code Authority, dominated by major producers, the power to injure and drive out of business the independent theaters competitive with the theaters owned and operated by such producers, and that in doing so the code attempts to authorize a practice that has been condemned by the courts as monopolistic in various suits and proceedings by private parties and by the Government of the United States. The bill of complaint further re THE INDUSTRY'S DATE BOOK Jan. 23: Ohio Valley Independent Exhibitors' League meeting to discuss code, Cincinnati. Jan. 23: Allied Theater Owners of New Jersey meeting at New York headquarters, 2 P. M. Jan. 29: Columbia regional sales meeting, Chicago. Jan. 30: Allied Theater Owners of New Jersey meeting at New York headquarters, 2 P. M. Feb. 4: Ball of the New Orleans Theatrical Crafts. Municipal Auditorium, New Orleans, 8 P. M. Feb. 7: Monthly meeting of Eastern Ass'n of Non-Theatrical Film Producers, Inc., New York. Feb. 8-10: Tenth annual conference of National Board of Review, Hotel Pennsylvania, New York. Feb. 21 : First annual ball of Independent Theater Owners Ass'ji, Waldorf-Astoria, New York. Feb. 26-27: Winter meeting of Visual Instruction Department, National Education Association, Carter Hotel, Cleveland. Attending Allied Meeting Allied leaders expected to attend the board of directors' meeting Wednesday at the Hotel Warwick, New York, include: Abram F. Myers, Sidney E. Samuelson, H. M. Richey, Al Steffes, James C. Ritter, Fred Herrington, Aaron Saperstein and Nathan Yamins. To Pass on Publix Fees at Creditor's Meeting Allowances for services rendered in connection with the Publix Enterprises bankruptcy will be passed upon at a meeting of creditors this morning at 10 o'clock at the office of Referee Henry K. Davis. Dan Michalove seeks $15,000 in addition to $7,950 already paid him by the trustees. Irving Trust Co., as trustee, asks $76,171.53. Mary Pickford in Demand Boston — Following her successful engagements both in New York and Chicago, Mary Pickford is being flooded with offers for bookings in various parts of the country. Her latest batch of requests for personal appearances come from exhibitors in Detroit, Seattle, Vancouver, San Francisco, Portland, Spokane, St. Louis, Buffalo and Brooklyn. "Gallant Lady" Breaks Records Philadelphia — "Gallant Lady," opening Friday at the Aldine, broke the records previously established by "The Bowery" and "Henry VIII." No Liquor in Loew House Reflecting the attitude of major circuits, Col. E. A. Schiller on Saturday declared that no liquor will be served in any Loew theater. cites that the defendants, composing the Code Authority, are seeking to induce, persuade and coerce independent exhibitors to waive all rights under the anti-trust and other laws by executing unqualified assents to the code on a form devised by them as a condition to the right of such independent exhibitors to participate in the benefits of the code or to file complaints thereunder. Statements by John C. Flinn, executive secretary of the Code Authority, as to time and manner in which assents to the code must be executed, are charged with being unwarranted and misleading, and the Jan. 31 deadline for code assents is attacked. A temporary injunction is asked, with permanent relief to follow. General Johnson's interpretation of the President's Executive Order also is challenged as illegal. The complaint charges that Johnson emasculated certain provisions to the disadvantage of the independents. Alleged major company control of clearance and zoning likewise is the target of complaint. The National Recovery Act is not attacked, the complaint says. Washington — By executive order issued Saturday, the President ruled that where a complainant is dissatisfied with the handling of his case under the code he may appeal to the Federal Trade Commission or the Department of Justice. 55 More Nominations For Film Code Posts (Continued from Page 1) Maine — Howard Duff}-, William Freiday, J. T. Howard. Memphis — Paul Zerilla, T. A. Ballas. John Eaton, H. L. Cohen, J. F. Willingham, T. W. Young-, W. B. Fulton, \V. S. Tyson; Minneapolis— Ben Blotcky, Frank Manske, James Donahue. Leo Blank, Everett Dilley, William Glasor, Frank Watske, L. Rubenstein, Henry Green, Jack Lorentz. New Haven — Jack Fishman, Arthur H. Lockwood; New York — Thomas J. Valentino, Leo Abrams, Sam Rinzler, Jack Steinman; Omaha — W. W. Troxell; Pittsburgh — George H. Sallows, Carl R. Mapel. St. Louis — W. A. Horsefield; San Francisco— Miss Claire Foley, R. A. McNeil; Washington — Louis Schneider, J. Louis Rome, Robert Kanter, Philip Miller. Sixth Suit Over "Fugitive" Atlanta — Suit for $100,000 damages, charging defamation of character by "I Am a Fugitive from a Chain Gang," has been filed in Fulton Superior Court by Vivian Stanley, member of the Georgia Prison Commission, against Warners, et al. This makes a total of six suits based on the film to date. A. T. P. LAUNCHES EXPANSION PROGRAM (Continued from Page 1) stage" and are ready to branch out, Dean said. Among improvements at the studio will be the installation of the most modern equipment, including RCA High Fidelity sound recording. As soon as the company's pictures have established ? sound reputation here, international distribution will be considered, according to Dean. With additional independent producers negotiating for space at the Ealing studios, Dean believes that A. B. F. D., the A. T. P. renting organization, may come to be regarded as a sort of "United Artists" of this country. Refuse Tax Reductions Lake Charles, La. — Attempts by the Southern Amusement Co., operators of theaters here and in Jennings, to compel these cities to accept tax reduction by the Louisiana Tax Commission from $66,180 to $37,210 failed when the courts ruled no cause for action. Southern appealed. _i_