Harrison's Reports (1952)

204 HARRISON’S REPORTS December 20, 1952 co-conspirators are bound by the judgment. In arbitration proceedings there is no way by which the offending circuit or other exhibitor can be brought in and made liable against its will. "In any case in which an exhibitor claims damages the distributor may assert by way of set-off any money damages owed by the complaining exhibitor to its for breach of contract. “The distributors insisted that claims for damages be limited to damages sustained during the period of four years preceding the filing of the complaint or any less period provided by the applicable law of the state in which the complaint was filed. The August 20 draft contained a short, clearly-worded provision to that effect. In their draft the distributors have added to that provision . . . language . . . which will hardly prove enlightening to the non-lawyers who will administer the system and serve as arbitrators, not to mention the poor devils whose interests will be at stake in the proceedings. “It is understandable why the companies should be unwilling to accept treble damage liability in some of the cases which the plan makes subject to arbitration. For example, arbitration may be invoked for isolated acts which would not sustain Sherman Law action. Moreover, under the plan an exhibitor may bring a proceeding on a claim so small that it would not pay him to go to court. We have, in effect, established a sort of small claims court. Thus the distributors are making themselves liable in a field where they are now comparatively immune. “Throughout the negotiations, and especially at the Washington meeting, I warned the distributors that if they made arbitration of damage claims too unattractive to the exhibitors, they would not achieve their purpose to reduce litigation. For example, it seemed to me that exemplary damages should be allowed up to twice the amount of the actual damages, thus making an award of triple damages possible in an especially flagrant case. However, it was for them to say how far they would render themselves liable in this voluntary undertaking and it remains to be seen whether aggrieved exhibitors will resort to arbitration or continue to go to court." As to the other sections in the distributors' draft, such as conciliation, the rules of practice and procedure, and appeals, there is not much that seems to be controversial, although Mr. Myers does point at certain inadequacies. In presenting National Allied’s principle objections to the distributors' draft, as expressed by Mr. Myers in his analysis, Harrison’s Reports hopes that it has offset any wrong impressions that may have been created about Allied in the “slanted” stories carried by several of the trade papers in their comparisons of both drafts. It should be emphasized that Allied, despite its rejection of the draft, has made it clear that it believes firmly in the ideals of arbitration, and this stand is substantiated by the tireless efforts put forth by its leaders during the past year to establish a workable arbitration system. Allied’s rejection of the draft was based on the fact that it did not provide for the arbitration of film rentals, which subject is a part of the “all-inclusive” arbitration plan contemplated by the association, and that “it did not promise direct, immediate and substantial benefit to the exhibitors” at a time when they are in dire need of help. Just why the distributors’ draft does not promise “direct, immediate and substantial” benefit to the exhibitors is clearly stated in the objections raised by Mr. Myers in his analysis, and a careful reading of these objections should make it plain to any clear-thinking exhibitor that Allied had sound reasons for rejecting the draft, and that it is not, as some of the trade papers have inferred, seeking to block an arbitration agreement. A DESERVING TRIBUTE As many of you probably know by this time, Variety Clubs International is sponsoring a world-wide Adolph Zukor Golden Jubilee Celebration during the year 1953 in honor of that veteran showman's eightieth birthday and fiftieth year in the motion picture business. This excellent idea, which was conceived by Robert J. O’Donnell, Variety’s Ringmaster, calls for a series of testimonials in a number of cities. The first of these, an 80th Birthday Dinner, will be held at the Ambassador Hotel in Los Angeles on January 7. Another testimonial dinner will be held in New York at the Waldorf-Astoria on March 4, the date on which Mr. Zukor opened his first Nickelodeon Theatre in New York City and launched his film career. The Texas Variety Club, in association with Texas COMPO, will honor Mr. Zukor in Dallas on January 28, and other Variety Tents throughout the world are planning similar events. The plan to honor Mr. Zukor has been received enthusiastically by all branches of the industry, and Mr. O'Donnell has been flooded with pledges of full and unbounded cooperation from every leading exhibitor organization. This salute to Adolph Zukor is a worthy tribute to a truly great pioneer who has contributed much to the development and spectacular growth of the motion picture industry. Harrison’s Reports is happy to join with the rest of the industry in honoring him for his achievements. “The Man Behind the Gun” with Randolph Scott, Patricia Wymore and Lina Romay (Warner Bros., Jan. 13; time, 85 min.) It is a pity that so substantial a production, in color, should have turned out so boresome. The chief fault is that there is too much talk and little action. The players seem to be doing nothing but talk, talk, talk, and get nowhere. The story takes place in the 1850’s, when conspiring to take over the State of California was yet possible. The hero, played by Randolph Scott, is an Army officer who hides his identity and successfully thwarts a rebel intrigue to establish the territory as a pro-slavery, independent state. There are bursts of excitement here and there, but these are not enough to overcome the boresomeness caused by the excessive talk. The Technicolor photography is good, partialuarly in the outdoor scenes: — Masquerading under an assumed name, Scott, an Army major, heads for Los Angeles via stagecoach, accompanied by Alan Hale, Jr., the driver, and Monk Walker; both had served under him in the Army. Other passengers include Morris Ankrum, a pro-slavery advocate; Patricia Wymore, a schoolteacher; and Roy Roberts, a state senator. Tony Caruso, another passenger, who was really a notorious road agent, suddenly attempts to hold up the others, but Scott foils the attempt and captures him. Just then Robert Cabal, a young boy, arrives with an extra horse for Caruso's escape, but Scott lets him go free because of his youth. When the stagecoach arrives at Los Angeles, Philip Carey, commander of the Army post, sweeps Patricia into his arms and an« nounces that they are to be married. Cloaking his movements by posing as a schoolteacher, Scott discovers that a saloon operated by Douglas Fowley but really owned by Lina Romay, an entertainer, is the gathering place for outlaws and rebels. Scott and his aides are caught when they find an arsenal in the saloon’s basement for a planned rebel uprising. Scott escapes by entering Lina’s dressing room, where he surprises her in Carey's arms. Carey agrees to release Scott’s aids from jail if he will not tell Patricia of his philandering. In the course of events, Scott cultivates a romance with Lina and learns that she and her rebel friends planned to seize Southern California and make it a slaveowning empire. She offers Scott a vast land grant for his support. But when she learns that he is a masquerading Army officer she lays plans to kill him. Her scheme is revealed to Scott by young Cabal, whom he had befriended. With this information on hand, Scott reveals his identity to Carey and sets in motion a series of vents in which the arsenal is blown to pieces and Lina and her followers, including Ankrum and Roberts, are exterminated after a bitter fight with an Army contingent led by Scott. Patricia, who had broken her engagement to Carey, helps Scott to accomplish his mission, and once the rebels are subdued they declare their love openly. * Robert Sisk produced it, and Felix Feist directed it, from a screenplay by John Twist, based on a story by Robert Buckner. Harmless for the family. HARRISON'S REPORTS extends to its subscribers and readers Greetings of the Season m ^ , m |1|(yj| ^ ^ ^ ^