Film year book (1941)

in Rule II of such Rules or deny to any exhibitor or distributor defendant the right to intervene as a party in any proceeding by which it may be affected or deny to any party to an arbitration proceeding the right : to receive notice of all proceedings therein ; to participate in the selection of arbitrators ; to challenge the qualifications of arbitrators; to be represented by counsel or otherwise; to secure the production of witnesses and of evidence ; to examine and cross-examine all witnesses ; and to appeal to the Appeal Board from any adverse award. The Rules may provide for the arbitration of claims and controversies between distributor defendants and exhibitors other than clairns or controversies referred to in subdivision 1 of this Section which by agreement between the parties thereto shall be submitted to the tribunals. 7. There shall be an Ajjpeal Board which shall have jurisdiction to determine appeals from awards made by the Arliitration Tribunals. It shall consist of three members appointed by the Court, each of whom shall be a person of known impartiality^ and distinction. Each such member shall be appointed for a term of tliree years and shall serve during such term unless he shall be removed by order of the Court or shall resign. Each member of the Appeal Board shall be eligible for reappointment. If any member of the Appeal Board is disqualified from passing upon any appeal, or is temporarily unable because of illness, absence or other cause to act as a member of the Appeal Board, the Court may on application of one or more members of the Appeal Board appoint another person of known impartiality and distinction to act as a temporary member of the Appeal Board in place of the member so disqualified or unable to act. The compensation of such temporary member shall be fixed by the Court. One member of the Appeal Board shall be designated by tlie Court as the Chairman of the Board. The members of the Appeal Board shall be compensated on an annual basis. The Chairman of the Board shall be paid twenty thousand dollars ($20,000.00) per annum, and each of the other members of the Board shall be paid seventeen thousand five hundred dollars ($17,500.00) per annum. The .Appeal Board shall have its offices in New York, New York. 8. The expenses of the arbitration system shall be paid out of a fund administered by the Administrator. Such fund shall be established and maintained : by filing fees provided for by the Rules of Arbitration and Appeals ; by penalties imposed ih accordance with the provisions of Section IV and V of this decree, and by such additional amounts, to be paid by the distributor defendants, as may be necessary. Such amounts shall be assessed by the Adttiinistrator to and shall be paid by the several distributor defendants in amounts proportionate to their respective gross receipts from licenses for the exhibition of motion pictures in the United States. The proportionate gross receipts of such defendants during the 1939-40 motion picture season shall be used in determining the amount to be paid by each such defendant for the expenses of establishing the arbitration system and of maintaining it during the first twelve montlis of its operation. Thereafter the gross receipts for the motion picture season ending on August 31st immediately preceding the start of the particular twelve months period shall be used in determining such amounts. Each distributor defendant shall inform the Adtninistrator promptly after the end of each motion picture season of its total gross receipts during such rnotion picture season from licenses for the exhibition of iTiotion pictures in the United States. Such information shall be treated by the Administrator as confidential and shall not be divulged except as required by law. 9. Any person who has the right to institute an arbitration proceeding imder any provision of this decree, or any other decree referred to in subdivision 1 of this Section may institute and prosecute such proceeding in the manner and subject to the conditions specified in the Rules of Arbitration and Appeals, upon the condition that such person file with the Clerk of the Arbitration Tribunal a sub COIMSEI^T DECREE TEXT mission, in the form and executed in the manner prescribed by the Administrator, which shall provide in substance that such complainant submits the controversy to arbitration and undertakes to abide by and to comply fully with whatever final award may be entered therein. .•\ny exhibitor or distributor who intervenes as a party in any arbitration proceeding as provided in the Rules of Arbitration and Appeals, shall file with the Clerk of the Arbitration Tribunal a submission, in the form and executed in the manner prescribed by the Administrator, which shall provide, in substance, that such interveiior submits to the arbitration and undertakes to abide by and to accept whatever final award may be entered therein. Representatives of the Department of Justice, duly authorized in writing, shall be permitted reafonable access during regular office hours to all books, ledgers, accounts, correspondence, memoranda and other records and documents in the possession or under the control of the Appeal Board, of the Arbitration Tribunal, and of the Administrator, which relate to the arbitration system and to the arbitration of claims and controversies under this decree. Section XXIII. .Jurisdiction of this cause is retained for the inu pose of : (A) Enabling any of the parties to this decree to apply to the Court at any time for such orders and directions as may be necessary or appropriate for the construction or carrying out of this decree, for the etiforcement of compliance therewith, and for the punishment of violations thereof ; (B) Enabling any of the parties to this decree to apply to the Court at any time for a modification of this decree in order to conform it to any Act of Congress enacted after the entry of this decree; (C) Enabling any consenting defendant to make .my application to the Court referred to in any ju ovision of this decree ; (D) Enabling any of the parties to this decree to apply to the Court at any time more than three years after the date of the entry of this decree for .my modification thereof ; (E) Enabling any consenting defendant to apply to the Court at any time more than three years after the date of the entry of this decree, to vacate this decree, or any modification thereof, or to vacate or modify any provision thereof, on the ground that under the economic or competitive con(litions existing at the time of such application, this decree or any modification thereof, or any provision thereof, is inappropriate or unnecessary, or oppressive or unduly burdensome, regardless of whether or not such economic or competitive conditions are new or unforseen. The right of each consenting defendant to make any such application and to obtain such relief is expressly reserved by them and is hereby expressly granted. Whenever obligations or prohibitions are imposed upon the defendants by the laws of any State or by rules or regulations made pursuant thereto, with which the defendants by law must comply, the Court, upon application of the defendants, or any of them, shall from time to time enter orders relieving the defendants from compliance with any requirement of this decree in conflict with such laws, rules or regulations, and the right of the defendants to_ make such applications and to obtain such relief is expressly granted. Any application by any party to this decree under the provisions of this Section shall be made in open court upon notice to all of the other parties to this decree, and each such party, upon such application, shall have the right and privilege of requiring the production of witnesses upon whosf testimony such application is sought or opposed, and of examining and cross-examming such witnesses in accordance with the rules of the Court. 649