The film daily year book of motion pictures (1935)

Cb) Pending the determination of such appeal, the determination order or other action of the Local Grievance Board shall be stayed. (c) Any party aggrieved shall have the right to appear before the Code Author-iy and present additional evidence. The Code Authority, atler investigating the complaint or grievance and 'eviewing the evidence theretofore taken, and considering the additional evidence, if any, shall promptly render its decisior not later than fifteen (15) days from and after the date when the parties have been fully heard on appeal. Sec. 8. No Exhibitor or Distributor shall be entitled to file any complaint under this or any other Article of this Code unless such Exhibitor or Distributor shall have duly executed this Code in its entirety within forty-five (45) days after it is signed by the President of the United States, and/or forty-five (45) days after engaging in the motion picture industry, and shall have thereby agreed to comply with all the requirements of the National Industrial Recovery Act. Evidence of such compliance shall be filed with the Code Authority. Part 3. All members appointed to serve on respective Clearance and Zoning Boards and Local Grievance Boards shall be persons of good repute and of good standing m the industry, and shall upon acceptance of appointment subscribe and file with the Administrator an oath to fairly and impartially determine whatever issue is presented to the ilJoard to which such member has been appointed. No such Board shall contain in its membership more than one representative of any Distributor or Exhibitor. Part 4. If a member of any Board provided for by this Article VI ceases to belong to the class he represents upon such Board, his membership shall terminate, and the Code Authority shall fill the vacancy so caused by desigmting a representative of the same class. Article VII — General Trade Policy Provisions Part 1. The industry pledges its combiiieil strength to maintain right moral stand n ds in the production of motion pictures as a form of entertainment. To that end the industry pledges itse.f to and shall adhere to the regulations promu gated by and within the industry to assure the attainment of such purpose. Part 2. The industry pledges its combined strength to maintain the best standards of advertising and publicity procedure. To that end the industry pledges itself to and shall adhere to tlie regulations promulgated by and within the industry to assure the at-tainment of such purpose. Article VIII — Miscellaneous Provisions Part 1. Any Exhibitor forwarding or delivering to another Exhibitor a print of a motion picture at the request or upon the order of the Distributor thereof, shall, but only for such purpose, be deemed to be the agent of such Distributor. Part 2. (a) Wherever in this Code arbitration of any matter is provided for, other than arbitration as provided in the Optional Standard License Agreement (1933) or as may be otherwise specifically provided for, such matter shall be submitted for determination to an Arbitration Board. Such Arbitration Board shall consist oi four (4) members. Each of the groups concerned in such matter shall appoint two of such mem bers. In any case where arbitration is to be used as provided in this Code, upon the written request of either group to the dispute or controversy the group making such request shall name therein two arbitrators, stating the business address and business or business connection of each, and shall designate therein the date, time, and place of the hearing of such controversy. The date of such hearing shall not he earlier than seven (7) days from the date of the sending ot such notice, unless it shall be claimed in such notice that irreparable injury will result unless there is a speedy determination of such controversy, in which case such hearing may be designated to be held earlier than the said seven-day period. (b) Within five (5) days from the mailing of such request for arbitration, or within twenty four (24) hours if the date of such hearing shall be earlier than seven (7) days from the danof the sending of such notice, the group upon whom such request is made shall name two arbitrators in a written notice mailed or delivered to the other party, stating therein the business iddress and business or business connection of each arbitrator. If either group fails or refuses to nime the arbitrators as herein provided, or ii any arbitrator so named shall fail or refuse to act, or be unable to serve or shall be challenged, and others are or another arbitrator qualified and then available to act is not appointed, others or another arbitrator may be appointed by the other group as the case may be. (c) No member of an Arbitration Board shall hear or determine any controversy in which he has an interest, direct or indirect, and any member having such interest shall be disqualified to act. (d) If the arbitrators or a majority of them are unable to reach a decision, they or a majority of them shall immediately select an umpire who shall not be engaged in the motion picture business. In such case, the hearing before the umpire shall be at such time and place as the umpire shall designate and shall be had before the umpire alone, the arbitrators not to be permitted to attend the hearing before the umpire. If the arbitrators or a majority of them are unable to agree upon the selection of an umpire, the Administrator shall upon request make such selection. Part 3. Nothing in this Code shall be deemed to apply to the production, distribution, or exhibition of motion pictures on film of recognized substandard widths, or to slide films, or to noniheatrical motion pictures designed primarily for educational, scientific, industrial, commercial, advertising, selling, or other non-theatrical purpose, or to television of motion pictures, provided that the commercial production, distribution, or exhibition of such films shall be subject to investigation liy the Code Authority to determ'ne whether such production, distribution, or exhibition of such films is unfair competition to an established motion-pictuie theater or theaters. If found to be unfair competition, the Code Authority shall promulgate ru'es and regulations governing such unfa r competition. Part 4. The provisions of this Code shall be separable. .\rticle TX — Mandatory and Amending Provisions Part 1. This Code and all the provisions thereof are expressly made subject to the right of the President, in accordance with t'le provision of Clause 10 (b) of the National Industrial Recovery Act, from time to time to cancel or modify any order, approval, license, rule, or regulation, issued until Title I of said Act and spec'fically to the right of the President to cancel or modify his approval of this Code or any conditions imposed by him upon his approval thereof. Part 2. Such of the provisions of this Code as are not required to be included therein by the .\ational Industrial Recovery Act, upon the ap. plication of the Code Authority approved by the .\dministrator and with the approval of the President, may be modified or eliminated as changes in circumstances or experience may indicate. It is contemplated that from time to time supplementary provisions to this Code or additional codes will be submitted for the approval of the President to prevent unfair competition and other unfair and destructive practices and to effectuate the other purposes and policies ol Title I of the National Industrial Recovery Act consistent with the provisions hereof. 652