Motion Picture Daily (Apr-Jun 1934)

Saturday, May 19, 1934 MOTION PICTURE DAILY 3 Run of Three Days Settles Release Date (Continued from page 1) Executive Secretary John C. Flinn reported he had received hundreds of requests from exhibitors who are willing to sign assents. The matter was turned over to a committee on code compliance, made up of S. R. Kent, Ed Kuykendall and J. Robert Rubin. Flinn stated he had received many checks from exhibitors he had not sent bills, some of them declaring they were of the belief that when they signed the President's re-employment agreement this took care of the code assent. Some of the exhibitors stated they were misinformed on the signing of compliance forms. At the end of the third week since bills were sent out for the first halfyear's assessment, 4,197 theatres have paid $42,279. More than 1,000 exhibitors have sent checks in during the last week. A second notice is being sent out. A plan for allocation of $180,000 to be proportioned between distributors and producers has been submitted to Campi and is now being studied by a committee consisting of Harry Warner, S. R. Kent and Nathan Yamins. The plan may be approved and announced at the May 31 session. A report on the Hollywood extra standing committee will be made public by Major Joseph R. O'Donovan on the coast shortly. It was approved by Campi yesterday. Indianapolis Board Ends All Free Shows Indianapolis, May 18. — Bans on non-theatrical accounts and lotteries were ordered in the first three cases before the Indianapolis grievance board. The non-theatrical decision was a result of a complaint filed by Charles R. Metzger, attorney for Associated Theatre Owners. In the decision exchanges were ordered to stop serving promoters of free merchants' street shows, free city park shows and other non-theatrical accounts. R. L. Rakes of the New Princess, Sturgis, Ky., was ordered to stop distributing tickets good for a nickel rebate. The complaint was filed by the Ken-Mo Amusement Co. The lottery case was a complaint of Harry and Jacob Markum against the Mecca and Stratford Theatres. It was alleged they gave away baskets of food to holders of lucky number tickets. The practice was ordered stopped. Two Para. Code Changes Allen Usher, manager of the Paramount exchange in Chicago, has replaced Charles Reagan on the grievance board, the latter having been promoted recently to the home office. John Himmelein, Paramount manager in Cleveland, replaces E. J. Fontaine, on the grievance board in that city. Rosenblatt to Chicago Division Administrator Sol A. Rosenblatt will be in Chicago May 27-29 on government business in connection with the garment trade. Grievances Pending Here Total to Five (Continued from page 1) against Springer & Cocalis operating the Empress and Lane, and Warners, Fox, RKO and Universal. Harmon Yaffa's grievance against Warners for alleged refusal to adjust a 1932-33 contract on two pictures, one with Edward G. Robinson and the second with Ruth Chatterton. The plaintiff contends he paid $200 more than the contracts provided when the pictures were switched from one classification to another. Loew's, operating the Paradise, Grand and Burnside in the Bronx, against Consolidated Amusements, operating the Mosholu, for premature advertising. The overbuying complaint of the Strand, Rockville Center, L. I., against Skouras, Century circuit, RKO, Fox, Universal and Paramount. Circuits Declare Strike a "Fizzle" (Continued from page 1) 12 or IS houses being picketed by Local 118, Theatre & Amusement Employes Union. C. C Moskowitz of Loew's stated that only 53 service employes of both circuits had answered the local's strike order on Thursday. Yesterday, he said, the only additional service workers to walk out were approximately 50 janitors employed by a cleaning contractor and assigned to the Radio City Music Hall and Center. No service men employed directly by the circuits joined the strike yesterday, according to Moskowitz. A number of the houses being picketed by the local have no staff members participating in the strike, Moskowitz said, and cited the State, which, he declared, has its full staff at work. Denying that business has been injured by the picketing, as asserted by Charles C. Levey, secretary of the local, Moskowitz said : "We've been picketed by one union or another for the past five years. If picketing had any effect on patronage we'd be out of business by now." Loew's reinstated four cleaners last night who applied for their jobs after walking out the preceding day. Only 12 porters and cleaners of the 525 employed by Loew's answered the strike call, and since the reinstatements last night only eight of the 12 remain out, Moskowitz said. Campi Rule Sought On "Bargain Hour" Cleveland, May 18. — It is understood the grievance board has asked Ca.mpi for an opinion as to whether or not a 6:30 to 7:30 P. M. bargain hour is an unfair trade practice, before rendering a decision in the case of Frank Gross, Grand Theatre, against Sam Barck, Market Square Theatre. The case was heard by the board last Monday. Decision was reserved. Barck, who plays independent pictures under a 10-cent admission contract, charges a dime from 6 :30 P. M. to 7 :30 P. M., 15 cents thereafter. The case of Cedar Lee Theatres Co. vs. Loew's Ohio Theatres and Warners, protesting first run protection, has been adjourned to tomorrow by the clearance board. Decision Reserved On Appeal by FWC (Continued from page 1) board ordering the circuit to turn over 20 pictures to Simon M. Lazarus of the Garfield, Alhambra, Cal. Campi, according to the code, has 15 days after hearing the appeal to hand down a decision. The Los Angeles board ordered F. W. C. to turn over to the plaintiff five Paramount pictures, four M-G-M's, five Fox and eight Warner-First Nationals. Charles R. Buckley, attorney for F. W. C, contended that of the 225 pictures purchased by the circuit for its Alhambra and El Ray it needed 208, excluding the 10 per cent cancellation privilege. He stated that Lazarus had available for his house 49 from Columbia, 42 from Universal, 18 from Allied, 40 from All Star, 30 from Majestic, 40 from Cooperative, 12 from Principal and 52 from Radio. The F. W. C. attorney stated that in August of last year the Alhambra went to dual attractions a week after the Garfield. E. A. Alperson, buyer for F. W. C, stated that a good deal of the product buys were closed after the Alhambra went to doubles. During May, June, July and early August the houses in southern California were on a single policy, which was dropped late in August. Since Lazarus did not show up or have an attorney on hand to defend his case, Buckley and Alperson were queried by Division Administrator Sol A. Rosenblatt, Nathan Yamins, Charles L. O'Reilly, Neil Agnew, Walter Vincent and Leslie E. Thompson on policy and product buys for the competing Alhambra houses. Rosenblatt however, had the report of the impartial member of the Los Angeles grievance board before him and checked up the facts. Principal Theatres, in which F. W. C. has a 25 per cent interest, was represented by William Powers. Principal was a co-defendant in the action. The Campi session was adjourned until May 31, when a decision will be handed down. At this meeting Yamins will be chairman. Texas Allied Hails Frels Code Victory Dallas, May 18. — The decision of the grievance board upholding Rubin Frels, vice-president of Allied Theatre Owners of Texas, in his complaint that the Jefferson Amusement Co. made it impossible for him to get product for his house at Victoria, is hailed as a significant victory for the cause of Texas independents in a message to the members of the organization bearing the signature of H. A. Cole, president. The verdict is described as "our first toehold toward real independence" and as "the first ray of sunshine in 10 years of battle for the independents." Exhibitors are told the ruling ought to bring them to the realization that "continued effort and a united front is the only thing in this world that will ever bring you a square deal." Phila. Assents 502 Philadelphia, May 18. — Five hundred and two theatres have signed the code in the territory served out of here, according to The Exhibitor, which regards this as "a good record." Phila. Talks Of Suit Over Doubles Ban (Continued from page 1) sought against the practice with the probable arguments of collusion being used. The case, first before the grievance board, was started last week when Emanuel charged the Venice, owned by Charles Stiefel, with double-featuring in his territory, whereas his own contract forbade it. Specific product mentioned was Fox and United Artists. Emanuel stated that he has a verbal agreement with Fox and a contract agreement with U. A. against the practice, but claimed that he had the equal right to double feature if his opposition could. Meanwhile , local independent exhibitors, sensing a possibility of definite action on the double-feature problem, joined to secure ex-Congressman B. M. Golder to act as defence counsel for Stiefel. At the hearing Golder cross-examined Emanuel to elicit the information that six major companies in the territory— Fox, United Artists, M-G-M, Paramount, RKO and Warners — had contract stipulations against double features. Pointing out that the code had no specific ruling on double features, Golder intimated that while the question was of vital importance in the industry, it lay outside the Grievance Board's jurisdiction. If so, the way is prepared for the launching of the civil suit. Emanuel hinted that this would be done. He declared that he was not in favor of indiscriminate double-feature programs, but believed that it was a good practice in the case of weaker product. Frisco Subsequents Seek Clearance Cut (Continued from page 1) in opposition to F. W. C., which seeks an extension of the 56 days to 90 days. Among the complainants, it is reported, will be the Golden State and Nasser Brothers' San Francisco Theatres, Inc. The grievance board yesterday rendered a decision against the Casino, managed by Irving Ackerman, finding that the house had violated the code by reducing admission prices through premiums, lottery and cash prizes on five counts. The complainant was the Davies Theatre, managed by M. L. Markowitz. N. F. Board Denies Three Zoning Cases The New York clearance and zoning board has denied three protests for relief from present schedules. The first protest was that of the Washington, Washington, N. J., against the Wilmer & Vincent house in Easton, Pa., 13 miles away. The second was that of the Little Picture House against the Plaza and Little Carnegie. The board also ruled that the Luxor requests for elimination of Loew's Grand protection be denied since it was declared the Grand is a first run deluxe house while the Luxor is a second run at lower admissions and not in the same calsgory.