Motion Picture Daily (Jan-Mar 1935)

MOTION PICTURE DAILY Thursday, January 31, 1935 Fishman Hits Exclusive 2nd Run by Loew's (Continued from page 1) zoning committee, held that Campi does not recognize a schedule for New Haven, despite three attempts by the local board to get Code Authority to adopt it. Although the local board twice approved a schedule for the territory without a dissenting vote, the third time the board was divided. That happened when the College protection entered into the plan. B. Kaufman of Warner theatres, and Al Kane, district manager for Paramount, voted in the negative, while Morris Joseph of Universal declined to cast a ballot. Ed Ramie, Joseph Dons and Adolf Johnson were in favor of the schedule, which has all 30-cent houses playing 30 days after downtown first runs and 25-cent houses 37 days after first runs. Bought Exclusive Run In buying new season's product, Loew bought an exclusive second run for the College, demanding seven days over other second runs, which means that theatres following the College cannot get film until 41 days after downtown first runs. Vogel and Greenfield contended that Loew was paying' for the additional protection and the former entered into the record comparative rentals of the College and Dixwell on Columbia and RKO-Radio contracts. Greenfield said : "If we have a right to buy seven days' protection, we have a right to maintain it." Fishman brought up the point of the College, which is in a different zone from the Dixwell, having the right to buy protection from a theatre four miles away and which for the past eight to 10 years has enjoyed the same protection. He also said that cut-throat competition was unhealthy for the industry. Fishman held that by Loew's getting the extra protection, 19 other independent houses were affected. He declared that while the Dixwell now charges 25 cents, he may later decide to boost the admission five cents with a right to the same protection as the College, which charges 30 cents. while the Paramount was first run, it was directly affected by the decision of Campi. Adolf Johnson, a member of the local board, stated that the decision was a compromise by all parties and fair and that Loew's should not be given the additional clearance. He said that if an independent had the house he could not get it. At first speaking as a member of the board, Schaefer reminded Johnson that the decision was not unanimous. Johnson then said that the views expressed were his own. During the hearing, Vogel offered to swap receipts, profits and the College for the Dixwell and Fishman almost took him up on it. Vogel maintains the offer goes for anyone who wants the house. Vogel added that he has no objection to buying second run and if anyone can buy ahead of the College he can do so without Loew interference. He also pointed out that Loew's does not own the College, that it has an operating deal which runs indefinitely with the bondholders of Poli. Attending the session also were George Cruzen, M. & P. division manager; William Scully, M-G-M district manager; Harry P. Lander, secretary of the local board ; Jack Byrne, M-G-M New Haven manager ; Harry Laveites, Pequoit; Johnson, Strand; David Sherman, Lawrence. Hour Cuts, Labor on Code Boards Urged Washington, Jan. 30. — Shorter hours and full participation of labor on all code boards were demanded today by William Green, president of the American Federation of Labor, at the opening of hearings before the National Industrial Recovery Board on the question of employment provisions. Appearing as the first of several hundred witnesses expected to testify, Green declared that only by further shortening of the work week can marked advance be made in re-employment, while labor participation in code authority deliberations was seen as the only way to secure real enforcement. Green's testimony was in line with the stand consistently taken by labor, which was embodied in a bill introduced in Congress this week by Representative Connery of Massachusetts to provide for representation of labor on all code bodies. Close Shave W. G. Van Schmus booked "The Good Fairy" into the Music Hall, where it opens this morning, without having seen the picture. Advertising, with which Lynn Farnol had much to do, got going in the New York dailies on Wednesday with no print in possession of the theatre. Two copies were being rushed from the studio via as many routes. The airmail print arrived yesterday and had to be submitted to the censor board, which cleared the picture in a hurry. Then various parties concerned began to breathe easier. This morning, at the first show at the Music Hall, the Universal executive contingent will be on hand to see their own picture. Seek Showdown on L. A. Zoning Today (Continued from page 1) schedule is growing and there is a possibility that the coast plan may go through. Loew's objection is the price angle as a basic factor. This was indicated yesterday when Joe Vogel and Irving Greenfield insisted on the right to buy protection, regardless of admissions. There is a possibility that geographical areas and prices will be considered today as the basic features of the schedule, with the proviso that theatre men can go into the market and buy protection over houses where admissions are the same. Just as soon as a decision is reached on the Los Angeles plan, the Kansas City and New Haven schedules will be brought up for action. Independents want Campi members as a whole to quit stalling and make decisions so that exhibitors know definitely where they stand on pending issues. Deputy Administrator William P. Farnsworth will attend and also bring up the matter of amendments to the code on the lease clause and vaudeville. Kansas City, Jan. 30.— The I.T.O. decided today to defer its Federal anti-trust moves against distributors and Fox Midwest until Elmer Rhoden's return from the coast next week, when an I.T.O. committee will confer with him in an attempt to obtain a more satisfactory clearance arrangement. The I.T.O. believes that an amicable settlement will be found in conferences with Rhoden, but is prepared to take action if no agreement is reached. RKO May Seek Delay RKO is expected to ask for a week's postponement today in the clearance complaint filed against the circuit by Century circuit. The delay will be sought, it is said, on the grounds that Johnny O'Connor, principal witness for RKO, may have to appear before an arbitration committee hearing the M. & S. issue against RKO. Century, in its complaint, asks that RKO abandon protection by the Park and Columbia, Far Rockaway, and Alden, Jamaica, over the Fantasy, Rockville Center. 5 L. /. Theatre Sale Goes Up to the NRA Following an appeal decision by Campi upholding the New York grievance board in finding the Mona Theatre Corp., Glad Amusement Co., Abraham Drogin and John Gladstone guilty of illegally transferring the Rialto, Whitestone, L. I., Code Authority has brought the matter to the attention of NRA officials in Washington for enforcement. Exhibits and testimony in the case have been sent to Compliance Director Sol A. Rosenblatt, who will decide what action shall be taken. The complaint was brought by M-G-M which charged that the defendants transferred the theatre to evade contracts. Louis Nizer represented the distributor at local and Campi hearings. Henry Lyman and Morris Shapiro, among the defendants, were found not guilty because of insufficient evidence. Rule on Legal Form Of Iowa Bank Night (Continued from page 1) Edward L. O'Connor. When bank nights permits "the holder of a free number or a free chance to claim and procure the prize," this would not be a law violation, the opinion stated, but when the holder of a number or chance is required also to purchase a ticket of admission to the theatre, it is a violation, O'Connor said, for it requires the holder to "first part with a valuable consideration before being permitted to participate in the prize drawing." A reasonable amount of time must be allowed the holder of a winning number to claim the prize, the opinion stated. Local 306 Presents New Basic Schedule Local 306 has submitted a new basic schedule to the NRA fact-finding committee similar to the one presented by Charles L. O'Reilly some weeks ago. The union's plan ranges from $12 and up under a point system and will be contested at the public hearing tomorrow before Compliance Director Sol A. Rosenblatt in Washington. / Numerous exhibitors are expected to be on hand for the hearing as well as circuit representatives and I. A. T. S. E. men. Bank Nights Again Up to Coast Board (Continued from page 1) been summoned for a hearing on the Escondido's failure to comply with a previous ruling. The third case, Mission vs. Oxnard, Oxnard, Cal., was also a non-compliance hearing, but no action was taken, as the respondent has applied to the Federal court for an injunction to restrain the board from interfering with his supply of film. K. C. CasesTotal 71 As New Year Starts Kansas City, Jan. 30. — As of Jan. 1, there had been 71 complaints filed with the local grievance board. In addition, the board has heard four cases as a Local Industrial Adjustment Agency, and seven complaints have been disposed of by the clearance and zoning board. Questions From All Sides John C. Flinn and Schaefer were on the answering end most of the time, with questions flung at the two men during most of the session by the complainants, defendants, board men and observers. At one time, Fishman asked Schaefer if he was opposed to clearance based on admissions. The I Paramount general manager answered in the affirmative, giving as his reason the unwarranted print shortages which would result if such a plan were put into effect generally. He later added that he believed in prices as a guiding factor as a definite point in establishing availability of films, but still giving the theatre or theatres the right to buy protection. Benjamin Trustman, attorney for the trustees of Olympic Theatres, operating the Paramount, New Haven, insisted that the maximum clearance of 60 days, and not 37, be maintained. He referred to two clauses in the clearance schedule. He said that McNabb Awarded 183 Of Klock Features Kansas City, Jan. 30.— A. B. McNabb, Gem, Neodesha, Kan., was awarded 183 features by the local grievance board after hearing his complaint on overbuying against Glen Klock, Klock Theatre, same town. Testimony brought out Klock had purchased 414 features for 1934-35. The board ruled he is to confine his operations to six features a week for 35 weeks. On this basis, the board allowed him 210 pictures for the period Feb. 3 to Oct. 5. This was increased to 231 by the addition of 21 features, allowing for a possible cancellation of 10 per cent. McNabb will select his product from two lists furnished by Klock comprising all excess features over 231. McNabb further is to guarantee film rentals on terms to be agreed upon with individual distributors.