The Film Daily (1945)

•M DAILY Friday, August 3 J^ Circuit Court Finds In Goldman's Favor (Continued from Page 1) terday, the Circuit Court directed Judge Kirkpatrick to issue an injunction against the defendants, who embrace Loew's, Paramount, RKO Radio, Twentieth Fox, Columbia, Warners, Vitagraph, Inc., Warner Bros. Circuit Management Corp., Stanley Co. of America, Universal, Universal Exchanges and United Artists. Highlights of the decision included the following paragraphs: "After critical reexamination of the whole record we conclude from plaintiffs evidence it has been shown that there existed an illegal intent to restrain. Plaintiff's evidence shows that there is concert of action in what has been done, and that this concert could not possibly be sheer coincidence." "Uniform participation by competitors in a particular system of doing business, where each is aware of the other's activities, the effect of which is the restraint of interstate commerce, is sufficient to establish an unlawful conspiracy under the statute before us." "We think there must have been some form of understanding. The axiom is ancient that the deed speaks for itself and that the man intends the probable consequence of his act. Here the conclusion is justified that the defendants acted in concert excluding the plaintiff." "This conclusion is strengthened by the circumstance that the defendants failed to tender the testimony, at their command, of any officer or agent of a distributor who knew or was in a position to know whether in fact an agreement had been reached among them for concerted action." At the same time. Judge Kirkpatrick was ordered by the higher court to assess damages for the harm done to the plaintiff. No amount, however, was specified. In his 16-page decision which found for the majors, the trial judge had declared, "In a case which involves as limited a control as the present one, I think that the criterion is not whether there is a possibility of restraint in interstate commerce, but whether the control actually accomplishes or is intended to accomplish such undue or unreasonable restraint. Evidence of such results of intent is lacking. Judgment may be entered for the defendants." Goldman contented that a monopoly of all first-run situations existed in Philadelphia, and was predicated upon his alleged inability to obtain first-runs for the Erlanger. Circuit Court judges were John P. Parker, of Charlotte, N. C, John Biggs, Jr., senior judge of the Circuit Court of Appeals, and Paul Leahy, of Wilmington, Del. It was understaod in trade circles here last night that the majors would move to take the case to the U. S. Supreme Court. REVIEWS Of SHORT SUBJECTS "Orders from Tokyo" Warner Bros. 20 mins. Gripping and Harrowing This Technicolor film, produced in co-operation with the Commonwealth Government of the Philippines and the Office of Strategic Services, makes an air-tight case against the Japanese war machine. No more damning evidence against the Jap war crnninals has been offered to date than that presented herein. The picture is a harrowing experience, spreading before the audience scenes of carnage and destruction that beggar description. It pulls no punches and spares no details in making a case against the Japanese invaders. Here is a picture certain to arouse Americans to new heights of fury against the enemy in the Pacific. It is a picture that tears at the heart, that fills us with a profound admiration for the Filipinos. One is deeply moved at the sight of Manila as it was before its fall and as it is today. The battle for the city has been photographed vividly by Capt. David C. Griffin, USMC, liaison officer to the president of the Philippines, who also does the narration. Supervised l?y Gordon Hollingshead, the short has a foreword by Brig. Gen. Carlos Romulo, resident corhmissioner of the Philippines to the U. S. Coast Strike Repercussion Among Readers in East (Continued from Page 1) fices in New York, at a meeting last night declared opposition to handling story material routed directly or indirectly from Hollywood as a result of the strike. The Readers petitioned the SOPEG executive board to back up their stand and make representations on this question immediately. A meeting of the board has been called to consider this and related matters arising from the Hollywood strike Monday night. Pending the board's decision, the Readers were not authorized to take any individual action. At yesterday's meeting, Readers reported that material has arrived or is due in from Hollywood at several companies here. SPG Reports Gain in Members Observing Studio Strike Lines West Coast Bureau of THE FILM DAILY Hollywood — Representatives of SPG announced that 63 members who observed the studio picket lines Wednesday, were joined by 32 publicists yesterday. Spokesmen for major producers admitted that 22 went out at Warners, but said that all publicists were on the job at 20thFox and RKO. They reported gains in SO'EG members returning to work, with 16 more office workers crossing picket lines at Collumbia, 11 at M-G-M and four at RKO. "Policing Germany" (This Is America) RKO 18 mins. An Absolute "Must" The problems that face the Allied Military Government in Germany are forcefully, simply and clearly brought out in the newest of the series. Dealing with one of the most vexing world questions — ^the eradication of all Nazi thought in Germany and the rehabilitation of that country's people — the film is one that sells itsfelf. Since there is today no subject of more profound interest to the American, the short, which is a distinct achievement for its producer, Frederic Ullman, Jr., can stand extended playing time and special marquee billing. The work of the American Military Government in trying to restore some semblance of normal life to Cologne and re-educate its people, is used as an example of what is being done and has to be done in Germany in an effort to make the peace stick. It is hard to conceive of a film more of a "must" than this, or one of greater timeliness and importance. Say Broadway Needs New First-Run House (Continued from Page 1) ber of independent releases jockeyed into unfavorable positions because of unprecedented holdovers in the desirable company-owned first run situations, several producers feel. Brand's Globe and adjoining Gotham are apparently reaping a harvest as an outlet for most of United Artists' product, desepite their limited seating capacities. Maurer's Victoria theater is the third of this group of small capacity showcases. Confronted with this headache, and a duty to their backers to liquidate, producers are now finding it necessary to sell away from their regular outlets in the out-of-town situations for a national playoff, and holding back on the New York run in hope of getting a limited two or three week's run in a desirable house. ITAT Will Establish New St. Louis Branch A new branch office to be known as International Theatrical and Television Corp. of Missouri has been acquired by George A. Hirliman, head of ITT, in St. Louis. Myron Bresnick of the company's home office is setting up the office, which will cover the Missouri-OklahomaKansas territory. Bresnick will remain in St. Louis until a branch manager is appointed. ITT also announces acquisition of world rights to the four-reel kodachrome film about the Chamulla Indian tribe which was made in Mexico by Alvin Gordon of Contemporary Films. The film will be distributed in Latin America as well as all English-speaking countries. General Film Strike TiirealensinCuba 11 11 [to lilt lit (Continued from Page 1) and musicians, backed by the C Workers Union (Confederacion Trabajadores de Cuba), in their fi with exhibitors and distri which may bring on a general in the motion picture industr^ unless President Grau signs a i sonable decree. Also continuing are daily sti; demonstrations with bands, as M as use of pickets, radio time a newspaper space by CTC. ; Friction between the artists-mi| cians and the exhibitors-distribut is over the matter of the absence stage shows, with consequent employment to the performers. One of the suggestions which ] been made to President Grau alleviate the situation is that a 1 tional Theater be established as outlet to the new dormant tale of artists. At several conferences at the 1 bor Ministry, exhibitor spokesn said: "Our efforts are directed obtaining a good profit in our bt ness. There are 444 theaters oper ing in Cuba, and we are busin men, no play boys. If we knew tl bv showing artists in our houses could make money, it is needless i iidi say that we would use them instd «it' of films. It is the public that wa: pictures, not us. We want anythi that will shatter the box-office r ords." It was added that "We v accept any favorable solution to 1 problem provided that the measi would not damage business." Indie distributors say the probi must be "resolved" by the exhibitoil'ie but that they won't enter the cont:' i versy at the present time. ' »e linl WAC Decision Due Todcfb On Capra Japan Subject 111, (Continued from Page 1) screened for WAC officials this we' and it has been recommended OWI Chief Taylor Mills that it made available to theaters as so as possible because of the importar of its subject. The subject is made up largely Japanese film, much of it obtain from the Alien Property Custodial jol «■ BACK IN CIVVIES Honorably Discharged -'' HANK WOLF, from the Navy, former cngin of the Paramount, Syracuse, N. Y. PVT. JAMES HEFFERNON, formerly of the Pe Wilkes-Barre, Pa., from the Army. DONALD SHIELDS, from the Army, stepson < formerly Detroit representative for Alb Dezel. ylURRAY SWERDLOVE, from the Corps, to Film Classics, Boston salesman. TANLEY A. B. COOPER, from USNR to resu management of the Lark & Sourwine theal circuit, Brazil, S. A. Army as stud( I