Harrison's Reports (1934)

IN TWO SECTIONS— SECTION ONE Entered as second-class matter January 4, 1921, at the post office at New York, New York, under the act of March 3, 1879. Harrison’s Reports Yearly Subscription Rates: United States $15.00 U. S. Insular Possessions. 16.50 Canada 16.50 Mexico, Cuba, Spain 16.50 Great Britain 16.00 Australia, New Zealand, India 17.50 35c a Copy 1440 BROADWAY New York, N. Y. A Motion Picture Reviewing Service Devoted Chiefly to the Interests of the Exhibitors Its Editorial Policy: No Problem Too Big for Its Editorial Columns, if It is to Benefit the Exhibitor. Published Weekly by P. S. HARRISON Editor and Publisher Established July 1, 1919 PEnnsylvania 6-6379 Cable Address : Harreports (Bentley Code) A REVIEWING SERVICE FREE FROM THE INFLUENCE OF FILM ADVERTISING Vol. XVI~ SATURDAY, JANUARY 6, 1934 No. 1 Benefits the Exhibitor Will Derive Under the Code — No. 5 As I stated in last week’s instalment, the Code Authority will consist of Aylesworth, Kent, Schaefer, Nicholas Schenck and Harry Warner for the big companies, and Cochrane, Johnston, Kuykendall, Yamins and O’Reilly for the independents. Many exhibitors have objected to the composition of this body on the ground that the balance of power is on the side of the big companies. They say, for instance, that Robert H. Cochrane, vice-president of Universal, cannot be classed as an independent by reason of the fact that Universal has always been a member of the Hays association, and that Ed. Kuykendall, president of the Motion Picture Theatre Owners of America, cannot be expected to support the independent exhibitors’ cause by reason of the fact that his organization is supported by producer money ; they bring forward the fact that, at the Code hearings in New York City, Kuykendall voted with the representatives of the major companies on every important question. The Code Administrator has appointed on this body five members from the ranks of the major companies and five from those of the independent groups. That the major company representatives will fight for the interests of their groups no one can have any doubt ; the question now is whether Cochrane, Johnston, Kuykendall, Yamins and O’Reilly will fight with equal spirit for those whose interests they have been appointed to look after. Though I fully agree with the exhibitors that Kuykendall, at the New York City Code conferences, voted with the majors on every important question, perhaps out of duty to the majors who support his organization, and that Cochrane’s company has always been a member of the Hays association, still the conditions are now entirely different, for now they are, so to speak, judges. Every one of the five is, in fact, on trial, and their actions and votes as members of the Code Authority will tell whether they are for their groups or not. Their votes will be recorded. The minutes of the Code Authority sessions will be open to public inspection. And they have to justify their actions. If one of them does not do his duty, then it is up to the Code Administrator to take proper action. And I have no fear that he will do the right thing, for the President has repeatedly stated that he will not tolerate any efforts on the part of the big business men to crush the small business men. Let us now proceed with the intepretation of the Code : (Article VIII — Continued from last week) Part Four : Each provision of this Code shall be considered apart from the other provisions. Editor’s Note : The thought is that, in case the courts should declare one of the provisions unconstitutional, the other provisions may not be affected. Article IX — Mandatory and Amending Provision Part 1 : The National Recovery Act provides that the President may, from time to time, modify, or even cancel, any order, approval, license, rule or regulation issued under Section (b), Title I. This Act provides also that in each code there shall be included a provision whereby those who sign it promise to accept the rights of the President in the event he took such action and to abide by such conditions as he may impose on them at the time he ratifies the code. Accordingly, those who have signed the moving picture Code must, in accordance with this provision, accept the Code as well as the conditions imposed on the industry by the Executive Order. Part 2: The President may modify, and even eliminate, such of the approved provisions as do not appear in this Code, if experience or alteration in circumstances should indicate that their modification or alteration is necessary for the good of the industry. The President may also, in order to prevent unfair competition or other destructive industry practices and policies, and in order for him to be enabled to put into effect such provisions of Title I of the National Recovery Act as are consistent with the provisions of this Code, approve from time to time supplementary provisions upon submission to him by the Code Authority with the approval of the Administrator. The “approved provisions” that do not appear in this Code, as referred to in the opening sentence of this Clause, are such rules and regulations as the Code Authority may promulgate with the approval of the Code Administrator and the consent of the President. Article III — General Provisions Section 1. (a) Employees shall have the right to organize and an employer may not interfere with such right. (b) No employer shall require an applicant for a position to join a company union first. (c) Employers shall comply with the schedule of working hours and minimum pay rates and of other employment conditions prescribed or approved by the President. Section 2: The moving picture industry Code, like all, other codes, has not been designed to promote monopolies, or to harm small enterprises, and it shall not be applied against such enterprises, nor shall it permit the establishing of monopolies or even of monopolistic practices. Article IV — Labor Provisions Division “A” of this Article deals with labor matters in production and does not concern exhibitors. Division “B” of this article deals with labor matters in distribution and does not concern exhibitors ; but because its provisions are very few I am giving the facts of it for whatever help it may give the distributors. Section 1. Hours of Employment. — (a) Excepting outside salesmen, no distributor employee shall work more than forty hours a week. This prohibition shall not apply (b) to professional persons working in their profession, to executives or to managers, working in an executive or a managerial capacity, or to persons engaged in positions of distinction or of sole responsibility when their salary is more than thirty-five dollars a week; nor to persons employed on emergency, or maintenance and repair work. Section 2. Minimum Wages. — No distributor employee shall be paid : (a) in cities of more than 500,000 inhabitants or in the immediate trade area of such a city, less than fifteen dollars a week ; (b) in cities of 250,000 up to 500,000 inhabitants, or in their immediate trade area, less than fourteen and one-half dollars a week; (c) in cities of 250,000 or fewer inhabitants, or in their immediate trade areas, less than fourteen dollars a week. Section 3. After the date in which the Code goes into effect, no distributor shall employ a child under sixteen years old to work in the distribution of pictures. Where a State law provides for a higher minimum age, no distributor shall employ a child below that minimum age to work for such a purpose. C — Labor Provisions on Exhibition On and after the day this Code goes into effect, the following shall be the minimum working hours and the minimum wages : Part 1. Employees Other than Actors'. Section 1. There shall not be employed any person under sixteen. Where a State law, in the case of minors, provides ( Continued on last page)