The Film Daily (1939)

DAILY Wednesday, July 12, 1939 BUYING POOL IN OKLA. REPORTED AS SHELVED {Continued from Page 1) held back until the government's trust suit against the majors and the Griffiths in U. S. District Court here has been decided and probably nothing will be done about it unless the membership of Allied Theaters of Oklahoma, affiliated with Allied States, backs the plan 100 per cent, it is reported. Previously, the organization rejected such a plan and while it urged members to consider the buying pool if they desired to do so, its leaders would give no endorsement. Roosevelt Quits UA Board; James Mulvey Returns to It {Continued from Page 1) vealed yesterday following a meeting of the company's board of directors. The announcements were made at an informal cocktail party on the 67th floor of the RCA Bldg. In making the announcement of his resignation from the board, Roosevelt said that James Mulvey, who formerly held the director's post on the board, would be reinstated. Roosevelt explained that his production duties required so much of his time that he could not adequately fill the duties of a director. He left last night by air for Hollywood. Storm for the last seven years has been with the United Press in Washington, covtering the White House. His appointment becomes effective next Monday. After a few weeks in New York, where he will study home office routine, he will take up his permanent residence on the Coast. Ben Washer continues as Goldwyn's eastern publicity representative. Hear New Eng. Interstate Buying Into Yamins Houses {Continued from Page 1) were in circulation yesterday. Houses allegedly involved are the Durfee and the Empire. It also was reported that Julius Joelson, who operates seven theaters in Massachusetts, would operate the house now under construction in Fall River as competition to Yamins, who has five theaters in the town. Printed reports to the effect that Yamins was relinquishing his interest in some of his theaters were denied by him two months ago. Cupid to Rescue Chicago — Lil' ol' Dan Cupid, no less, is coming to the aid of the box office for the Indiana-Illinois Circuit, according to Prexy Jack Rose. Patronage building effect of stage weddings in Goshen and Elkhart has led to general circuit rush by managers to line up prospective brides and grooms. FILM CODE ANALYZED By LOUIS NIZEH EDITOR'S NOTE: THE FILM DAILY today presents the fifteenth installment of a comprehensive analysis of the proposed Trade Practice Code {Revision of June 10) by Louis Nizer, member of the law firm of Phillips & Nizer, and authority on the law of screen, stage and radio. The analysis is designed to clarify the provisions of the Code in non-legalistic language so as to make them readily understandable to all people in the film industry. In view of the fact that the Distributors Negotiating Committee proposes to make the Code effective for the 1939-40 season, THE FILM DAILY deems Mr. Nizer's interpretive presentation an outstanding, timely service of inestimable value to the trade. Preservation of the daily installments, now devoted to the Rules of Arbitration, is recommended. Installment No. 15 RULES OF ARBITRATION I. EXCHANGE TERRITORIES Arbitration of disputes under the Trade Practice Code or under the Rules of Arbitration shall be governed by these rules. Arbitration shall be conducted in the following Exchange territories: Albany, N. Y., Atlanta, Ga., Boston, Mass., Buffalo, N. Y., Charlotte, N. C, Chicago, III., Cincinnati, 0., Cleveland, O., Dallas, Texas, Denver, Colo., Des Moines, la., Detroit, Mich., Indianapolis, Ind., Kansas City, Mo., Los Angeles, Cal., Memphis, Tenn., Milwaukee, Wis., Minneapolis, Minn., New Haven, Conn., New Orleans, La., New York, N. Y., Oklahoma City, Okla., Omaha, Nebr., Philadelphia, Pa., Pittsburgh, Pa., Portland, Ore., St. Louis, Mo., Salt Lake City, Utah, San Francisco, Cal., Seattle, Wash., Washington, D. C. The rules come into effect after the appointment of a panel of neutral arbitrators. II. PANEL OF NEUTRAL ARBITRATORS In each Exchange territory there shall be appointed a panel of not less than five nor more than ten neutral arbitrators. Who Appoints Panel: All distributors and affiliated exhibitors and organized exhibitor groups which have signed the Trade Practice Code and which carry on their business in an Exchange territory, shall, by unanimous action, appoint the panel. An organized exhibitor group may participate in such appointment if it has members who have signed the Trade Practice Code and are operating theaters. Compensation: Neutral arbitrators may be compensated for their services. Qualifications: Neutral arbitrators shall preferably have an understanding and knowledge of the motion picture industry but shall not be associated with either distributor or exhibitor interests. (Sixteenth installment will appear tomorrow.) Functional Obsolescence as Assessment Cut Plea {Continued from Page 1) Nizer, of Phillips & Nizer, argued in behalf of certiorari actions instituted by RKO for six Manhattan theaters before the Tri-Departmental Tax Board yesterday. RKO is asking for a total reduction of $3,088,000 in assessments aggregating $19,694,000. Former figure includes a claimed inequality in land assessment of $1,796,500. Theaters involved are the Palace, 58th St., Colonial, Coliseum, Alhambra and 95th St. Attorney Nizer argued that although erected to accommodate vaudeville, the six houses no longer played "flesh," making the stages, dressing rooms, flies, lighting equipment, etc., unusable. In the instance of the 58th St. Theater, counsel said, the "waste" space totalled 406,000 cubic feet. Pointing out that even the Palace, once vaude's ace house, had been forced to surrender to films, Nizer argued that its $1,350,000 assessment should be cut by $365,000. The true value of the Palace and other five houses, he contended, was the cost of replacement less the obsolescent space. Appearing as witnesses for RKO were Major Leslie E. Thompson, who testified that vaude had dropped 88 per cent from 1929 to 1937, and that RKO's playing time in the Pictures and Radio Share Problems, Says Milliken Atlantic City — At the luncheon session of the National Broadcasters Ass'n yesterday, Carl E. Milliken, MPPDA secretary, gave a talk on "Self Regulation in America" in which he said the motion picture and radio industries share the same type of problems, paralleling each other, as they do, in their particular place in both world and national home life. He explained the formation and working of the MPPDA and praised the work of Will H. Hays, its prexy. He stated that both the movies and radio need a code and self -regulation as a matter of self-preservation. same period had shrunk from 1683 to 175 weeks; A. Reoch of the RKO real estate department; Thomas W. Lamb, architect; Joseph W. Garry, expert on construction, and A. N. Gitterman, real estate expert. Hearing yesterday was before Commissioner Hubert T. Delaney and representatives of comptroller's and corporation counsel's offices. Should the Board, charged with hearing certiorari actions with a view to settlement before trial in Supreme Court, concur in Nizer's stand, precedent will have wide effect. UA CLOSES PRODUCT DEAL WITH WARNERS {Continued from Page 1) of UA, and Clayton Bond and Edward Hinchy, film buyers for the Warner houses. Deal, it is understood, is for two years, involves all UA pf^ °-'}ct and all Warner houses and r*4( ;«ents a sum running well into the millions. The Warner-UA deal was described by Silverstone as being the largest ever concluded between the two organizations. Attending the borad meeting yesterday, in addition to Silverstone, were Mary Pickford, Charles Schwartz, Captain Dennis O'Brien, James Roosevelt and Emanuel Silverstone. Richard Ettelson Dies; Funeral Services Today {Continued from Page 1) ing at his home, 25 Idaho St., Passaic, where funeral services will be held today at 1 p.m. For several months he had been ill, and up to the time his health failed took a prominent part in exhibition affairs in his territory, where he operated four houses, — the Butler, in Butler; Ritz, Garfield; Colonial, Pompton Lakes; and the Rialto in Westfield. Deceased was brother-in-law of' Si H. Fabian, president of Fabian Theaters, and is survived by three children, — Adrian, a son, and two daughters, Harriet and Doris. Secondary Picketing Ruled Illegal in N. Y. by Court {Continued from Page 1) of Appeals yesterday. This socalled "secondary boycott" has been a source of discomfort to exhibitors whose theaters may have been selling non-union made candy or whose signs were made by rival union painters. The decision was considered of importance because of conflicting decisions rendered in the lower courts. Frisina Advances Pedrucci Springfield, 111. — Randolph Pedrucci has been named assistant booker for the Frisina circuit, with headquarters in the Roxy Theater building here. His place as manager at Shelbyville, has been taken by Charles Bennati of Gillespie. Pio Pedrucci was named manager at Gillespie. 23 Using Premiums Chicago — Twenty-three theaters are using premiums over the week-end in this territory. Number using triple bills has slumped to 10 houses. The Rosewood Theater, an indie, continues to use four features.