The Film Daily (1941)

i vKlSu; Monday, March 17, 1941 Distribs/ Consent Ends Gold Case (Continued from Page 1) dants in the case, were ordered by Brown, in conformance with the consent agreed upon, to sell their pictures to the complainant, Paulstan, Inc., of Nashua, N. H., Benjamin A. Gold, president, until July 31, 1942. Distribs. File Written Consent Gold had alleged through his attorney, George S. Ryan, that the major companies, specifically named in the complaint as RKO, Paramount, Twentieth Century-Fox and Vitagraph, (Warners), had refused to license pictures for showing in the Park theater. At the hearing Friday no evidence Abram F. Myers, Allied general counsel, commenting on the consent settlement in the Gold case, said: "The satisfactory outcome of the first arbitration case in Boston and the speed with which it was accomplished should encourage exhibitors having just claims to file such proceedings. I am gratified the system got off to such a good start and congratulate all who participated for their fair attitude." of any sort was introduced. An opening statement was instead made by Ryan, to the effect that the distributors had so refused to issue license. At the conclusion of Ryan's statement, the defending parties filed written consent to the entry of an award. In issuing his decision on the award. Professor Brown said: "I direct the above named defendants to offer their pictures to said Paulstan, Inc., for exhibition in the Park theater, Nashua, to extent of pictures released for distribution up to July 31, 1942, on a run to be designated by said distributors and upon terms and conditions fixed by said distributors which are not calculated to defeat the purpose of Section Six of the consent decree." Time Limit Said Meaningless J. Noble Braden, executive officer of the American Arbitration Association, in reply to queries said that the stipulation of a time limit actually meant nothing more than MGiW Offers Product in Chicago Hearing Chicago — M-G-M has offered the State Theater, Morris, III., ten thirdrun pictures on the 1939-40 program, it was brought out Saturday at the nation's second arbitration hearing under the consent decree. M-G-M contended that a town the size of Morris '5.500t, did not warrant second-run, but because of the consent decree, it had offered second-run to the Times Theater and third-run to the State, which had filed a demand for some run alleging that it was unable to get Metro pictures on any run. Hearings are expected to be continued. MACGOWAN IN CULTURAL FIX POST N. Y. Film Library to Prepare Subjects for Use In LatinAmerican Republics Washington Bureau, of THE FILM DAILY , Washington— Appointment of Kenneth MacGowan, Hollywood producer, as director of production for an I extensive program for the dissemination of educational non-theatrical films for use in the American Republics was announced Friday by Nelson A. Rockefeller, Co-ordinator of Commercial and Cultural Relations Between the American Republics. Rockefeller announced an extensive program for the collection, distribution and production, when necessary, of such films. Subjects made avail1 able as a result of this program which is being carried out in co1 operation with the Department of j State, would be offered for showing before schools, universities, cultural institutions and other appropriate organizations and groups in the other republics. MacGowan will work under the Motion Picture Section headed by John Hay Whitney. The Film Library, Inc. of the Museum of Modern Art in New York will carry out the program of gathering, reviewing, sound tracking, editing, and, if necessary production of new films suitable for the purpose. The Film Library will employ its vast collection of motion pictures. The filming of suitable non-theatrical subjects in the American Republics, which could be exhibited in the United States, will constitute the reciprocal phase of the program. Vitagraph Freed as Deft. In Detroit Uptown Suit Detoit — Hearing was held in the Wayne County Circuit Court Friday on the suit of Montcalm Theater Corp., operating the RKO Uptown Theater in Highland Park, against United Detroit Theaters, Royal Theater Co., Paramount, Universal, Vitagraph, Columbia, and United Artists, in which the RKO Uptown claims that the companies have no right to sell the new Royal secondrun status under present contracts. The case was dismissed as against Vitagraph, and, from motions in progress, will probably be dismissed also against Universal and Columbia. that before the expiration of that time the distributors had the right to file petition for a new hearing on cause, if, for example, they might be able to show that their profits had been lessened by the award. Present at Friday's historic meetin» were attorneys George S. Ryan and Frank McLennan, C. F. Young, Thomas A. Bailey, E. X. Callahan, H. S. Alexander. Benjamin A. H. Gold. Ross C. Cropper and Arthur K. Howard, the latter representing the Independent Exhibitors, Inc. Garbose Case Next on List The case strangely enough attracted little attention in the Boston dailies, none of which were represented at the hearing. According to Henry De La Morandiere, clerk of the local arbitration board, the next case, that known as the Garhose case, will not come before the board, until the latter part of the month or first of next. Braden talked briefly to the assembled distributors and exhibitors following the award, explaining some of the details of the arbitration method and commenting upon the fact that many cities had strived hard to be the first to stage an arbitration meeting but that Boston had won the signal distinction. Consolidated Deal Closed; Joelson Operating Circuit (.Continued from Page 1) 18 houses in New York City and the Bronx. Laurence Bolognino, Consolidated head, will retire from the circuit but will retain his interest in two theaters, the Chelsea and Morningside, which were not in the group, and a theater to be constructed at 19th Street and 8th Avenue. Joelson will be president and general manager of the J. J. circuit. Harold Kleine, formerly with Cocalis, will be booker and buyer, and Paul Joelson will be manager. Strauss & Thanhauser were the brokers in the deal and Louis Nizer was the attorney for Joelson. Headquarters will be in the Bryant Theater Bldg., 138 W. 42nd Street. Theaters in the transaction are the Bryant, Times, Arena and Tivoli in downtown New York, and the Earl, Kent, Luxor, Surrey, Mt. Eden, Oxford, Jerome, Ascot, Kingsbridge, Fleetwood, Ogden, Forum, Casino and Avalon in the Bronx. Joelson started in the theater business in New York in 1920 when he opened his first house. He eventually built up a circuit of 17 theaters which were sold to Fox in 1929. He then transferred his activities to New England where he launched a circuit of 12 theaters. Cassils Complete Evidence In Dubinsky Damage Suit St. Joseph, Mo. — After four days of testimony, Frank and Eugenia Cassil late Friday completed their case in their Federal Court suit for $452,775 damages against the Durwood-Dubinsky Bros, and eight major distributors alleging conspiracy to monopolize films in St. Joseph. At the close of the plaintiff's testimony, attorneys for the Dubinskys and the distribs. offered a motion for a directed verdict. After arguments, Judge Merrill E. Otis took the motion under submission. Working Conditions At Studios Restored (Continued from Page 1 ) mittee Friday night announced that employment conditions of all IA classifications which were changed| on March 10 as a result of tentative exemption determinations by the Wage-and-Hour Administrator ^11 revert to their former status sf' ing today pending final determ\— .-tion. Labor leaders are contending producers have taken advantage of the new wage and hour classification as fixed by the Government and are interpreting regulations to their own advantage. It is understood producers favor an eight-hour day, 40 hours accumulative week and will confer with in ternational heads of IA locals in the East regarding this in negotiat ing a new basic agreement. Hold Hearing Tomorrow On New Conn. Tax Bill (Continued from Page 1) morrow. It is reported that either a new bill will be substituted at that I time, or the bill will be entirely withdrawn, but that in any event, the hearing will not take place as scheduled, since the full text of the bill was not filed in the required time. Reports are due this week on the bills requiring composers to register their songs and name their performance prices for various classes of users at the Secretary of State's office, and requiring copyright societies to be licensed and pay a tax in the state; bills requiring licensed boiler operators in establishments where over 15 pounds of steam pressure are used, all heard last week. The two-men-in-a-booth bill was defeated for the seventh consecutive legislative session, after the Senate had placed it on the calendar a second time for reconsideration. The Judiciary Committee had reported it unfavorably and the Senate accepted the report; then reopened the matter at the request of several senators. Sunday Bingo has also been defeated. Theaters Aid Fund for Brockton Fire Victims Boston — Intimating that there may be some sensational disclosures. Fire Marshal Stephen Garrity Friday said that no official announcement would be made until today of the findings of the inquest into the deaths of the Brockton Strand Theater fire victims. His chief assistant told the press "there is little doubt that the fire was not due to natural causes." Both M & P Theaters (Paramount affiliate) and Colonial Theaters have contributed $1,000 apiece to fund being raised for families of dead and injured firemen. Brockton has declared a 30-day period of public mourning.