Motion Picture Daily (Oct-Dec 1934)

MOTION PICTURE DAILY End of Code Lease Clause Is Protested (Continued from pane 1) by Ed Kuykendall, Campi member, while John C. Flinn, executive secretary, and Tyree S. Dillard, counsel, made no strong fight in support of their proposal which, they explained, was the result largely of a feeling that the section was useless because of the inability to enforce it. The only other matter to receive opposition was an NRA proposal to require exhibitors to give assurances that code provisions were being complied with in the case of persons employed in contract presentations, Sidney S. Bronberg and Marvin Schenck of Loew's and Sidney Justin of Paramount expressing approval of the idea, but fearing that as written the provision might leave the exhibitor open to prosecution for code violations for which contract producers were responsible. A number of amendments relating to working conditions and wages for talent were proposed by Campi. Objections to phraseology were made by Ralph Whitehead, executive secretary of the American Federation of Actors, particularly with respect to the pay provisions which, as written, he said, would not prevent employes being paid off in "ham sandwiches," or the continued employment of so-called "amateurs." Upon being assured by both Flinn and Farnsworth that they were seeking to guard against the evasions which he feared and would seek to word the provisions to make them airtight, Whitehead explained he had no objection to the amendments. Sees Amateur Clauses Violated Charging that the amateur provisions were being violated by the major circuits, Whitehead replied to a statement by Flinn that Code Authority had received no complaints since distribution of an interpretation issued by NRA, declaring that "complaint boards throughout the country are refusing to give us redress despite the fact your board has given us very emphatic interpretations, which are being ignored." Urging retention of the interference clause, Samuelson declared it "one of the few accorded to independents" for the protection of their leases. It was explained by Dillard that elimination had been recommended on a six to four Campi vote, because the provision is "relatively unimportant," is tremendously difficult of administration, conflicts with state laws and frequently operates to the prejudice of persons whom it was never sought to harm. Admitting that the provision, as now written, might not be enforceable, Samuelson contended that it had proved a deterrent to lease tampering and asked how many cases might have occurred had it not been in the code. The clause is not effective and places Campi in an embarrassing position because of its inability to enforce, Kuykendall declared, "but it has been productive of considerable good even though we were unable to enforce it." Explaining that a number of "shoe string" promoters are taking advantage of improving conditions to seek theatres, he asserted that "if we have nothing in this code to restrict operations of this kind it will have a tendency to open the gates. While we have been unable to enforce this, there is no question that it has been a restrictive influence." At the request of Farnsworth, Samuelson promised to submit a revision Colonel and Author Mailbag contribution from Philip Seletsky of Brighton, Mass.: "Philip Seletsky, well known local theatrical man, for many years associated with the Nathan H. Gordon Olympia Theatres, with the Paramount Publix, organization, and now executive film buyer for the M & P Publix Theatres, is receiving congratulations from his hosts of friends on being appointed an aide-de-camp on the staff of Governor Ruby Laffoon of Kentucky, with the rank and grade of colonel. "Colonel Seletsky in joining the ranks of the many illustrious Kentucky colonels has as fellow officers such well known personalities as Al Smith, Rudy Vallee, Mae West and Colonel Lindbergh." FLASH: A-Mike Vogel, chairman of the Managers' Round Table department in Motion Picture Herald, and Gertrude Merriam, his assistant, are now colonels — Kentucky type. A Christmas gift from Governor Ruby Laffoon. of the provision whereby, after an administrative finding of a violation, further action would lie in the courts at the initiative of the injured party. Unable to attend because of a Federal Trade Commission hearing, Abram F. Myers sent a letter to the NRA protesting elimination of the provision. Conspiracy Charge Is Dismissed Here (.Continued from pane 1) amended the decision, asking that it be certified to Campi. At yesterday's meeting, Joe Lee of Fox, Moe Streimer of U. A., Myron Sattler of Paramount and Roy L. Haines of Warners were put on the stand. Each had different reasons for refusing to sell the Royal. The premature advertising complaint of Warners' Goodwin, Newark, against the Rialto, same city, was dismissed, due to lack of evidence. FWCl)Ieeting Today Los Angeles, Dec. 19. — Charles Skouras, back today, presides tomorrow at a meeting of Fox West Coast district managers at the Ambassador at which he will outline the policy under the National Theatres setup. Meantime attorneys for both objectors and trustees filed briefs in District Court. Judge George Cosgrove is expected to hand down a decision within a few days. F. W. Lange on Way Here Fred W. Lange, general manager in Continental Europe for Paramount, is scheduled to arrive tomorrow on the Empress of Britain on his annual trip. While here he will confer with John W. Hicks, Jr. Lange is expected to be delayed a day because of storms. His headquarters are in Paris. RKO Sells Two Circuits Cresson E. Smith, western sales manager of RKO Distributing Corp., has signed the Schoenstadt and Essaness circuits of Chicago for his company's 1934-35 features and shorts. RCA Revision Up Friday The RCA directorate meets tomorrow to consider a change in the corporation's capital structure. Okla. Sale About Ends "V" Circuit Sale of the 50 per cent interest in the Griffith Amusement Co. operating a circuit in Oklahoma and adjoining states, to Western States Theatres, Inc., virtually disposes of the last of the assets of Universal Chain Theatres Corp., bankrupt company. Robert Randolph of Baltimore is receiver. The deal was concluded by Foster McSwain, of Ada, Okla. McSwain is president, A. R. Powell of Guthrie, Okla., vice-president, and W. T. Spears, Altus, Okla., secretary and treasurer. These three, with Harry Lowenstein, form the board. All of the stockholders are affiliated with the Griffiths. In the Sick Bay Dave Levy, New Jersey branch manager for M-G-M, is home ill with a bad attack of the flu and has cancelled his vacation trip to Florida. He intended to leave for the south tomorrow. Ed Finney's mother also is laid up with a bad case of the grippe. Edward Schnitzer has just gotten over a cold. May Build Near School Trans-Lux yesterday was granted permission by Supreme Court Justice Henry G. Wenzel to build a theatre near Erasmus High School in Brooklyn. A permit had been revoked by License Commissioner Moss after protests by neighbors. Fait Here for Product William Fait, former Mexico branch manager for Warners, is in New York negotiating for independen' product for his own exchange in Brazil. He sails Jan. 29 for Rio de Janeiro. ITOA Discusses Ball Protection failed to come up yesterday at the meetine of the ITOA. The major topic was the Movie Ball to be held Jan. 12 at the Astor. Two committees were appointed to handle tickets and the program. Dowling Gravely III London. Dec. 19. — Ambrose J. ("Bo") Dowling, former foreign sales manager of RKO, is seriously ill here. Little hope is held for his recovery. Thursday, December 20, 193 First Division Men To Discuss New Ree Salesmen and branch managers v.i be given talks on handling of the neMarch of Time newsreel at a two-ca session scheduled by First Division ; the Park Central Saturday an Sunday. After the Saturday session a Chris mas party will be given at the e> change. On Sunday afternoon one < the new reels will be screened. Ray Larsen, vice-president of Tin magazine, will talk to the gatherir Sunday, as will Fred McConnell ar Pat Garyn. Those who will attend will bt Branch managers — J. L. Rose, Al bany ; Meyer Gruber, Boston ; Sa Rosen, Philadelphia ; Harry Brow Washington ; Elmer Lux, Buffak W illiam LaSance, Cincinnati; Maurii Lebensburger, Cleveland : M i 1 1 o Cohen, Detroit; Joseph Skirbo Pittsburgh ; William Richardson, A lanta ; and the following salesmet Mike Levinson, John Schaeffer, Pet Rosian and Morris Oletsky. Morris Epstein and his New Yoi sales staff also will attend. "Music" Gets $52,000 Pre-holiday effects on theatre bui ness again took its toll last week whi the Music Hall with "Music in i. Air" tallied a gross of $52,000 seven days. The picture got fair good reviews but the public was n in a theatre-going frame of min "Limehouse Blues" at the Rialto ga nered $14,000. Offices Close Monday From advance reports most of tl home offices and exchanges will clo Monday because of Christinas. Cc umbia and Paramount have alreac notified their employes that Christm Eve will be a holiday for them ai Radio will close early, maybe for tl full day. Kent, Marks Injured East Liverpool, O., Dec. 19. — W; lis Kent, independent producer, at Harry Marks of Paramount were i jured here today in a collision betwe' Kent's car and a truck. They le New York yesterday on their wt to the coast. Exceptionally Fine Fo Holiday Bookings £\ RTOO MS Real Headline Attractions "JACK AND THE BEANSTALK" "ALADDIN AND WONDERFUL LAMP" "THE QUEEN OF HEARTS" "THE HEADLESS HORSEMAN" "DON QUIXOTE" CELEBRITY PRODUCTIONS, Inc., 723 7th Ave., New York Oi "THE BRAVE TIN SOLDIER" "THE LITTLE RED HEN" "PUSS IN BOOTS" "VALIANT TAILOR" "JACK FROST'