Motion Picture Daily (Jan-Mar 1934)

Saturday, February 24, 1934 MOTION PICTURE DAILY 3 Assent Ruling May Set Back Code Deadline (.Continued from page 1) (.ecide on a time extension at its londay meeting which will be attended by Rosenblatt. No opposition b a time extension on the part of *nat body is known to exist. ■ In a bulletin from Allied head>uarters at Washington sent to memers yesterday the statement is made lat "the time in which to file assents .•ill be extended beyond Feb. 28 to termit the thousands who have not ssented to study these (NRA) interrelations and decide what course ley wish to pursue." It was learned on good authority, owever, that while a time extension pi assents was discussed at Washlgton at the time the interpretations 'ere made, no definite decision on n:5 was arrived at. As far as the 'ode Authority is now concerned the nal date is still Feb. 28, but there . admittedly considerable likelihood f an extension being approved at Jlonday's meeting. Earlier reports nat no further extension would be ranted did not take into considera.ton the effect of the recent NRA iterpretations. • The interpretations, made by DonId R. Richberg, NRA general counH, and approved by Administrator Iugh S. Johnson, hold not only that □qualified assents do not serve to r£prive members of the industry of Lny of their rights under the law. ut also that failure to assent does • 3t deprive them of any of the rights . ad remedies of the code itself other ian the privilege of filing complaints , ith the various code boards. ) Interpretation Text f Following is text of the interpretafons : " "For the information of members of the : lotion picture industry with respect to I le form of assent distributed by the Codt authority of the motion picture industry nder the terms of Article VI, Part 2, action 8 of the code: ' "It is not the intent or purpose of Ar!:le VI, Part 2, Section 8. of the code iat any member of the industry assenting • the code on the forms used by the Code uthority shall thereby waive or be estop«-"d from setting up any right which such ' ember of the industry may possess under mineral or statutory law against any ar' trary, oppressive, injurious and unreasonable action by any administrative of:ial or agency under the motion picture dustry code. "It is not the intent or purpose of such ' tide, part or section of the code that ly member so assenting shall be pre • uded or estopped from seeking amendents to or modifications of said code. "Members of the industry not assenting the code on the forms above mentioned .n not be denied any of the rights and ,. medies afforded by the code save only f .at they will not enjoy the right to file .implaints before the administrative agenes provided for in the code. Upon accept.ice of any of the benefits and advantages j the code, such members of the industry ay be assessed a reasonable amount, subnet to the approval of the administrator, help defray the expenses of administerg the code but not otherwise. "While assent on the form above mended is necessary to enable a member the industry to lodge protests with earance and zoning boards and to make ■e of the facilities of the local grievance >ards, nevertheless such assent is not sential to enable any member of the dustry to interpose his defense before iy such board, if he so desires, in any atter affecting his interest, and thereter to prosecute any and all appeals erefrom to the same extent and in the me manner as a member assenting on Dawggone Wheeze about dog biting man making a news item went one better yesterday when Dark Hazard, the greyhound used in Eddie Robinson's picture of that name was subjected to a cocktail party on the part of the St. Moritz Hotel and the Rialto Theatre yesterday afternoon. Dogs and newspaper folks were invited. the form above mentioned. "The statements contained herein apply with respect to the execution, either heretofore or hereafter, by any member of the form of assent above mentioned, and all such assents will be deemed to have been executed in the light of these statements." Allied's Code~Suit Formally Withdrawn Allied's suit against the Code Authority and Division Administrator Sol A. Rosenblatt was formally withdrawn yesterday at a hearing before Federal Judge John C. Knox in U. S. District Court here. The action was taken following the NRA legal department's ruling which held that unqualified assents to the code did not deprive signers of their rights at law and that those who did not sign the code were deprived of no benefits under the code other than the right to file complaints with code boards. The' interpretations, Allied spokesmen said, accomplished the objects of the suit. Withdrawal of the suit came as the court prepared to hear a motion for a preliminary injunction restraining the Code Authority from requiring unqualified assents. Norman Samuelson, counsel for the Congress Theatre, Newark, the complainant in Allied's suit, withdrew the motion. He then explained to the court that the questions at issue had been settled by the NRA interpretations and that it had been mutually agreed that the action be discontinued without costs and without prejudice to re-institute a similar action in the future. The court indicated that a formal order would be issued at once closing the suit. W. H. Griffin, Department of Justice attorney assigned to the NRA for Rosenblatt's defense in the action, put in an appearance and acquiesced to withdrawal of the suit. Authorities to Talk Over Radio Protest The radio code authority has notified the film and legitimate theatre code authorities that it will name a committee of three to meet with committees of the latter two bodies in the near future for a discussion of competitive tactics of radio broadcasters which have been complained of by both film and stage interests. The principal complaint of the film industry has been directed against free theatrical performances given by radio broadcasters on their regular programs. Federation Meet Off A meeting of the Federation of the M. P. Industry scheduled for last night to discuss a plan of financing for the organization was postponed due to the inability of a number of officers of the Federation to attend. A new meeting date may be set early next week. NRA Decision Orders Union Men Restored (Continued from page 1) and Central in Manhattan; the Ritz, Art and Bronx Star in the Bronx, and the Globe and Saunders in Brooklyn. Complaints against the theatres were filed by Harry Sherman, president of Local 306, on the allegation that members of the local had been let out on Aug. 24 last and replaced with members of Allied M. P. Operators' Union, described as a "company union," who, Sherman charged, were engaged 52 hours a week at wages less than half the scale received by members of his local. The theatre owners, allegedly ignoring the provisions of the President's reemployment agreement in effect at the time, contended the code, which limits the working week of operators to 40 hours and recognizes the minimum scale of Local 306 as of Aug. 23 last, did not become effective until Dec. 7. The theatres were ordered in yesterday's decision to "reestablish, within 10 days, .the conditions that prevailed as of Aug. 23, 1933, as regards the number of men employed in the booth; the booth cost . . . and the employes working in the booth who were discharged in violation of Section 7A." Sherman announced yesterday he would proceed against every picture theatre in New York which he felt was guilty of similar infractions of the NRA. "The decision speaks for itself," said Sherman. "For months now certain New York theatres have been rendering only lip service to the NRA and brazenly flying the Blue Eagle while violating provisions of the NRA, the President's reemployment agreement and the code. This investigation will, I hope, result in a correction of these unfair conditions and make it unnecsary for us to take similar action against other offending theatres." Local 306 Upheld on Stay Against ITOA Local 306 scored a second victory yesterday when the Appellate Division of the Supreme Court handed down a decision upholding the injunction granted last week against the I.T.O.A. by Supreme Court Justice Collins holding theatre men to strict adherence to the code and branding the Allied M. P. Operators' Union as a "company union" within the meaning of Section 7A of the code. The injunction was granted pending trial of the suit by the local against the I.T.O.A. in which the union seeks damages totalling $1,000,000 and asks the dissolution of both the I.T.O.A. and the rival union on the ground of conspiracy to ruin the local. Says St. Louis Ruling Doesn't Clash With Code Washington, Feb. 23. — The decision of Dr. William G. Patton in the St._ Louis operators' controversy, in which wage increases were made retroactive to Sept. 1 last, was today declared by Division Administrator Sol A. Rosenblatt not to be in conflict with the provisions of the code. Move to Curb Price War in K. C. Crashes (Continued from page 1) stabilization. He sees a fierce price war ahead, with 15-cent and 20-cent houses cutting their scales to a dime, at the same time playing pictures in the regular order. The fireworks are expected to start Sunday. Means said that, since film contracts and the whole protection system were considered illegal, distributors would be unable to stop exhibitors should the latter want to cut their scales below those stipulated in the agreements. He does not believe distributors will resort to the courts to enforce contracts and anticipates an increase in double billing, giveaways and other practices, but expects that eventually the whole situation involving suburbans and downtown houses will come to a showdown. Cut Threat Stirs FWC Los Angeles, Feb. 23. — Threat of the Pantages Hollywood to reduce prices to 15 and 25 cents for matinees and 25 and 40 cents for evening performances for first runs to meet prices prevailing downtown for subsequent runs had Fox West Coast stirred up today. Fox West Coast has an arrangement with Pantages to uphold prices at first runs. This may force Pantages into the open market for first runs. Warner, Paramount Assents Lift Total Code assents passed the 8,500 mark yesterday with the receipt of individual assents from more than 1,000 Paramount and Warner theatres which heretofore had not been received individually, but were covered in a blanket assent executed by the parent companies. An exact compilation of the total individual assents included in the Warner and Paramount groups had not been compiled by the Code Authority offices here up to late yesterday but an official estimate placed their number at "more than 1,000." Prior to their receipt code assents on hand totalled 7,574. Several hundred additional assents are expected from Allied States member theatres as a result of the NRA interpretation which removed Allied's objections to executing unqualified assents, indicating that the final number of assents may go well over the 9,000 mark. Paramount and Warner theatres were said to be the only national circuit houses which had not, up to yesterday, sent in individual assent forms. RKO, Loew's and Skouras houses have executed individual forms which are included in the present total of assents. However, it was stated, a review of the decision had been asked and probably would be granted. It was pointed out that Section 6A, Part 1, Division C of Article IV of the code does not provide that wages paid Aug. 23, last, shall apply, but merely that employes covered by that section shall not receive less than the wage then in force.