Motion Picture Daily (Oct-Dec 1933)

MOTION PICTURE DAILY Tuesday, October 10, 1933 No Delay for Independents^ Moves Terms First Set in Code Washington, Oct. 9. — Studio labor which had the edge on the rest of the code provisions in that the producers' offer of 36 hours' work for 40 hours' pay met with immediate acceptance at the first hearings today is entirely out of the woods, thus becoming the first major classification to be so. Two stumbling blocks no longer remain. Following conferences with Deputy NPL\ Administrator Sol A. Rosenblatt, Howard Hurd, representing the International Photographers' Local 659, I.A.T.S.E. : Charles Boyle, representing the United Scenic Artists, and M. Jasper withdrew their objections and left for Hollywood completely satisfied with the code as affecting them. It had previously been reported that cameramen were dissatisfied with the provision which stipulated that they cannot be relieved of their duties while a picture is in production and be replaced by other cameramen. Rosenblatt declared sound technicians, whose objections to work wage conditions constituted the second hurdle, are now satisfied. Acceptance by cameramen is a victory for the producer and settles the argument that switches would impair production quality. This does not indicate that changes in crews will not be made, but, rather, leaves it discretionary with the producer. Machinists waited on Rosenblatt this morning complaining that the code offered them no benefits, but after his explanation the emissaries departed contented. Roxy Loses Appeal Over Use of Name (Continued from page 1) decision on May 15 in which he upheld the contention of the Roxy Theatre Corp. that the name could not be taken from it. The old theatre has used the name under a contract made about the time of its construction in 1925. Under an agreement made later use of the name was to have terminated Sept. 11, 1932. Rothafel, in the meantime, had contracted to permit Radio City to use the name. Suit to prevent use of the term Roxy at the old theatre was brought against its receiver by receivers for RKO and Rothafel personally. A special master and the U. S. District Court held that the Old Roxy might not use the name, but the Circuit Court of Appeals, with Judge A. N. Hand dissenting, held that it might. After this decision the RKO receivers dropped the case, but Rothafel attempted to secure a review by the U. S. Supreme Court. \\'.\SHiNGT0N, Oct. 9.— They're burrowing in at the Mayflower now. Topcoats are begmning to appear and the codifiers are settling down for a long siege. • Sol Rosenblatt, it might be well to remember, made no promises that the code would be finished Wednesday. He merely said he hoped and planned so. There's nothing certain about all of this. • Bill Jaffee's been having a tough time. That cold of his didn't clear as rapidly as he and the doctor thought. The stream of visitors into his quarters has been steady. Bill is flattered at the attention he has been getting from topline executives. • Much long distance telephoning between Washington and Hollywood on that ol' Davil, Article 10. • Nathan Burkan has been very active on the agency situation which means Article 9. Dave Palfreyman is improving. He spent several days in bed last week. • Harry Cohn called his brother. The Mayflower operator reported no Jack, but a John S. Cohen, Georgia Senator, whose son and namesake covers pictures on the New York Evening Sun. As a matter of fact, Jack had not left the hotel all day. • E. A. Schiller emerged from 936 about 6 o'clock Sunday and hit the air for the first time that day. He developed a yen for oysters and satisfied it across the bar at O'Donnell's. • Ed Raftery has found out that holding on to his sense of humor is an important something in a killing grind like this. • Schiller, incidentally, dropped in on Carter Barron, city manager for Loew's here, and wondered if he'd get by the doorman at Loew's Fox. He did. Three newspapermen groaned and cursed their luck. • The telephone gag was pulled again the other night. Julian Brylawski of the local M. P. T. O. A., Sam Wheeler, Fox manager, and Nelson Bell of the Washington Post bit hard. • Rosenblatt was looking forward to a day in the country on Sunday. He spent it in his office — from 9:15 on. Twelve hours later he was seen hurrying into the upper regions of the Mayflower. Insurgents' Analysis May Be Set Back RKO recently stated the new name for its Roxy would be RKO Center. (Continued from page 1) rent situation may be likened to a raft on which they stand, and without it to lean on they will either have to sink or swim. This viewpoint maintains that haste must be avoided, for the simple reason they cannot afford to hurry the task, as it requires the most careful attention. At the same time the analysis is described as proceeding as rapidly as possible without endangering the job in hand. The impression is current in their minds that a few days beyond the promised date cannot make much difference when the situation, as they see it, means so much to their future. They believe the President and other officials in the NRA will willingly recognize this, although they are making no effort to create the impression this viewpoint represents the official attitude. In the meantime the code will advance to completion "with or without analyses," Rosenblatt declared tonight. Strike Talk Stirs Among Coast Actors (Continued from page 1) Directors are talking of forming their own guild, although no official movement has been started toward this as yet. Local reactions from the producers' angle are that it would be impractical to limit the earning power of front line stars to any fixed amount. However, it would be practical, some say, to pay $2,000 per week, with added contract provisions calling for a percentage of picture profits. It is admitted that studio executives' salaries could be set within the limit. One argument heard is that it doesn't matter what actors are paid if their pictures return a profit. Circuit Court Refuses Move In Para. Case (Continued from page 1) in U. S. District Court here last June, had already been denied by the appellate court, and could not be appealed a second time. Justices Manton, Hand and Chase of the appeals court reserved decision on another appeal from an order of Federal Judge Francis G. Caffey directmg the payment by the Paramount trustees of all fees connected with the equity receivership. About $200,000, said to be principally in attorneys' allowances, is involved. The court gave Samuel Zirn, attorney for a Paramount bondholders' group, and the author of both motions, until Wednesday to file additional briefs in connection with the latter motion. Zirn also has before the appeals court a motion seeking to appeal a decision of last summer denying the removal of Charles D. Hilles, Eugene W. Leake and Charles E. Richardson as Paramount trustees, and Henry K. Davis as referee in bankruptcy for Paramount. A ruling on the motion is expected within the next week. Coast Indies Talk Over Stand on Code (Continued from page 1) Hoffman, president. Other meetings will be called, it was said. One member of the group, who refused to be quoted, said that it was "probable" they would not sign the code, "as its present provisions would drive all independents out of business. It condones certain practices which are detrimental to our interests and gives major companies the weapon of refusing to sell to theatres in which we have placed films," he said. Reports Nathanson Seeks Circuit Buy (Continued from page 1) mont-British financial interests. Nathanson is now operating partner of the Paramount Canadian theatres. The acquisition of additional theatres by Famous Players Canadian is understood to have been sidetracked by the negotiations reported under way between Nathanson and Paramount. Cohn, Long Due Today Harry Cohn, president of Columbia, and Ray Long, newly appointed scenario editor, are due from the coast today for home office conferences regarding new story material. Neither Ralph A. Kohn, in charge of Paramount Publix theatre operations, nor S. A. Lynch, in charge of the company's theatre reorganization, could be reached last night for comment on the reported offer by N. L. Nathanson. /. A. Fazenda Dead Hollywood, Oct. 9. — Joseph A. Fazenda, father of Louise Fazenda, is dead from a heart attack. He was 72 and had been ill a short time.