The Film Daily (1939)

W *\ DAILY Monday, July 17, 1939 ASGAP FILES BILL UNDER NEW FLA. LAW {Continued from Page 1) one of three cities, — Jacksonville, Pensacola or New Orleans Washington — Following conferences concluded this week between U. S. Senator Burton K. Wheeler, (Dem. Montana), and representatives of broadcasting interests in that State, together with Ascap officials, during which the legislator suggested that conciliation be adopted for settlement of differences between the two groups, possibilities appeared bright that a contract might be forthcoming satisfactory to all concerned. Ascap, which was represented personally by Gene Buck, president, as well by Louis D. Frohlich, organization's counsel, is understood to have unequivocally told Senator Wheeler that the broadcasters are now infringing upon Ascap's rights. Nevertheless, conciliation was not rejected. Fox Met., Durkee, Rome Circuit Deals Set by UA (Continued from Page 1) gotiated by Charles Stern, eastern district manager, and Clarence Eise. man, New York branch manager. John Benas and William White represented Fox. Stern and Fred Rohrs, Washington manager, acted for UA in the Durkee negotiations and the deal with Lou Re me for the latter's houses in Maryland. Hays and Mayer Give Drive To "Moral Rearmament" Plan West Coast Bureau of THE FILM DAILY Hollywood — Under auspices of the Oxford group, a mass gathering, "Call to the Nations," advocating "the art of living together once again," will be held Wednesday night at the Hollywood Bowl. Industry manifested its interest in the movement on Friday last, when Louis B. Mayer M-G-M's vicepresident tendered a luncheon to the group with Will H. Hays film industry administrator acting as m.c. More than 200 film executives, actors, actresses, business officials, and delegates attended. Majestic Cuts Capital Albany — Change of capital, from $125,000 to $10,000, has been filed by Majestic Pictures Corp. with the Secretary of State in papers submitted by attorneys, Kanin and Kanin, New York. Free Lunch, Too? ? Green Bay, Wis. — Latest showmanship wrinkle are free nocn luncheon shows being staged every Wednesday and Thursday noon at the Orpheum Theater here, featuring 27 minutes of screen entertainment. The shows start at 12:30 p.m. and tickets are available free from four local co-operating restaurants. FILM CODE ANALYZED By LOUIS NIZER EDITOR'S NOTE: THE FILM DAILY today presents the eighteenth 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. 18 IV. SPECIAL ARBITRATION BOARDS (1) Appointment of Panels: In addition to the Permanent Arbitration Boards, there shall be Special Arbitration Boards. They, unlike the Permanent Arbitration Boards, shall be appointed by the individual litigants. In each Exchange territory, the distributors and affiliated exhibitors shall appoint a panel of ten arbitrators. Each organized exhibitor group shall appoint a panel of ten arbitrators. The exhibitor or distributor may appoint his arbitrator from these panels but he need not do so. His appointed arbitrator need not be a member of any panel. (2) Two Party Disputes: Where the dispute is between two parties, the Special Arbitration Board shall consist of three arbitrators selected as follows: (a) Two arbitrators designated one each by the litigants. They may be members of the panels but they need not be. (b) The two arbitrators so designated shall choose a third arbitrator who may be a member of the panel of neutral arbitrators but need not be. If the two arbitrators are unable to agree upon a third arbitrator, he shall be chosen by them by lot from the panel of neutral arbitrators. Chairman: The third arbitrator shall be Chairman of the Special Arbitration Board. (3) Disputes Relating to Clearance: If the dispute refers to clearance, the Special Arbitration Board shall be constituted of five members as follows: (a) The complaining exhibitor shall designate one arbitrator. (b) The exhibitor complained against shall designate a second arbitrator. (c) The distributors, who are the third party to the dispute, shall, by unanimous action, designate a third arbitrator. (d) The three arbitrators so designated shall, by unanimous action, select two arbitrators who may but need not be members of the panel of neutral arbitrators. If they are unable to agree upon either or both of the two arbitrators, one or both shall be chosen by them by lot from the panel of neutral arbitrators. Chairman of the Board: The Chairman of such Special Arbitration Board relating to clearance, shall be one of the two additional arbitrators so selected. (4) Right to Eliminate Arbitrator: Where a neutral arbitrator is chosen by lot, each arbitrator of the Special Arbitration Board selected by a party has the right to reject one neutral arbitrator so chosen. In such case, another neutral arbitrator shall be chosen by lot from among neutral arbitrators not so rejected. (Nineteenth installment will appear tomorrow.) Pittsburgh Variety Club Plans Picnic July 31 Pittsburgh — Local Variety Club will hold its annual picnic on Monday, July 31, at Camp O'Connell, summer home for boys and one of its beneficiaries. The following committees have been appointed to take charge of this affair: "King for the Day," Harry Kalmine; Publicity, Karl Krug, Harold Cohen, Dick Fortune; Executive Committee, Ira H. Cohn, chief barker, John H. Harris, Harry Kalmine, Elmer Ecker, Dr. L. G. Beinhauer, Dr. I. A. Wise, Dan Hamill and Jerry O'Neill; Entertainment Committee, Bernie Armstrong, Maurice Spitalny, Brian McDonald, Joe Hiller, C. J. Latta, Herb Greenblatt, Jules Lapidus, Art Marrone, Lew Lefton, Mark Goldman, C. C. Kellenberg and Morris Rosenberg; Sports Committee, Art Rooney, James Balmer, Art Levy, Dave Kimmelman, Harry Seed, James Alexander, Bert Bishop, Larry Katz and Max Shulgold. Cooling Off Mecca Lab. Mecca Film Lab. at 630 Ninth Ave. is being air-conditioned by Frigidaire. Cooling includes projection and cutting rooms. 82% of Irish Pix Imports Last Year Were From U. S. Washington Bureau of THE FILM DAILY Washington — Dominant position of U. S. films in Erie (Irish Free State) is reported to the Department of Commerce by American Vice-Consul E. J. King in Dublin. About 82 per cent of the 1,506 imported productions was of U. S. origin last year, King reported, while British films ran 17 per cent. Balance of one per cent represented a few German, French and Irish attractions. King's figures revealed that 70 per cent of houses operating in Ireland, of which there are 200, use U. S. projectros, and 85 per cent of sound reproducing equipment is of U. S. origin. "Boots" In Demand West Coast Bureau of THE FILM DAILY Hollywood — Herbert Rose, dog trainer and owner of "Boots," has been signed by Columbia for the picture "Konga," "Boots" will also be used in Universal's "Destry Rides Again," and Edward Finney plans to use the dog in a Monogram picture. BALTIMORE THEATER SUING SIX MAJORS (Continued from Page 1) suit involves clearance, the plaintiffs contending that before the theater was built, the distributors had assured them that the house would have first-run product but that the Edgewood Theater was demanding and getting 14 days' protection ( j| the Westway. '' Those named in the suit were: 20th Century-Fox, Columbia, Loew's, Inc., Paramount, United Artists, Vitagraph, Universal, Lyndhurst Ccrp., Frank H. Durkee, C. Elmer Nolte, Sr., Walter Pacy and Harry Reddish. The plaintiffs assert that three of the distributors had assured them that the Westway would be treated as a "first-run neighborhood theater," but that Durkee and his associates, who operate the nearby Edgewood, demanded 14 days' clearance over the Westway and that the latter has been unable to get any features without the 14-day delay. The Federal Court is asked to grant a preliminary injunction, restraining the defendants from granting the Edgewood a 14-day clearance and making features available to the Westway on equal terms; a preliminary injunction restraining the defendants from tying up in any manner whatsoever mor feature pictures than the Edgewood can properly use; declare the entire transaction illegal and perpetually enjoin the defendants from further such practices. The suit was brought by Leo Homand, vice-president of Westway, through his attorneys, Edgar Allan Poe and Edgar Allan Poe, Jr. From Second to First-Run Dallas — Interstate's theater changed from a second-run policy to first-run Saturday, filling a need for such a theater on the lower part of theater row. The Melba Theater will be transformed into a second-run theater. Clarence Reiter Dead Menominee, Mich. — Clarence Edward Reiter, 31, projectionist at Marinette, Wis., and Menominee theaters, is dead here. He is survived by his parents, wife, three children and three sisters. Mrs. Emil Oster Dead West Coast Bureau of THE FILM DAILY Hollywood — Mrs. Emil Oster, wife of the head of the Columbia camera department, died following an operation for the removal of a brain tumor. (Pet) Dog Matinee Fond du Lac, Wis. — A pet dog matinee on a Thursday afternoon was recently staged by the Garrick Theater here with 25 prizes awarded to the best judged degs. Admission was a dime, which included free root beer to every boy and girl attending.