Motion Picture Daily (Jul-Sep 1935)

Monday, September 23, 1935 MOTION PICTURE DAILY 3 Film Board's Work Heavier Without Code (Continued from page 1) yet been heard. U. A. has two cases pending. Broken contracts seemed to be the chief complaint. In a survey of the reasons listed, there were 20 different v cases alleging breach of agreements. One had to do with an unpaid balance, two for bad checks and two for alleged damaged film. On the calendar for Friday, the specifications show two more broken contract grievances and one balance due complaint. While no definite summary of figures can be made because an RKO complaint against the Broadway, Haverstraw, for alleged unfulfilled contract does not specify the amount sought, Fox's IS claims aggregate $2,685.22, of which there remain to be decided cases involving $1,594. Paramount claims total $157.26. Settlement has been reached on a $23.91 case, leaving $134.35 to be accounted for. U. A. had a sum of $225 at stake in its two complaints. Both have yet to be heard and decided. RKO is second to Fox on the money angle with more than $1,105.50 to be adjudicated in four cases, each of which has been carried over indefinitely. The total claims of the combined companies which will be disposed of in the near future are $3,058.85. Sign Special Clauses The one instance where an exhibitor sought voluntary arbitration to settle his differences was that of Belle Theatres against Paramount. The plaintiff charged infraction of a contract when the distributor dated a picture at the St. Marx, competitive to Belle's Orpheum. When the arbiters failed to reach an accord on a decision, Paramount decided to continue under the original contract terms with the Orpheum. According to local procedure, exchanges request exhibitors to sign special clauses, distinct from the others in the contract, although contained therein, providing for voluntary arbitration. This clause was inserted following the 5-5-5 conferences which began after Federal Judge Thacher invalidated compulsory arbitration. Exchanges desiring to settle grievances in this matter notify the local film board which sends a notice to respondents requesting that two arbitrators be named. At the same time, the exchange names its two representatives on the board. Respondents are given eight days within which to designate their representatives. They do not necessarily have to be exhibitors. In some instances exhibitors have named branch managers and a board of four distributor representatives has thrashed out disputes. In the event the four men sitting are deadlocked, an outsider is called in. File Decisions with Court Of late all decisions by the local arbitration body have been unanimous. Each is filed with the Supreme Court where it is entered on the record. Voluntary arbitration in Greater New York has proved a great saving to both distributor and exhibitor. Court expenses and in many cases legal fees are saved by this medium. A recent instance where special arbi tration proved costly was the M. & S. case against RKO involving a lease on the Apollo and Hollywood. A special tribunal was set up comprising three men, each of whom was paid $30 an hour. Add to this the counsel fees for Bruce Bromley, representing RKO, and Max Steuer, for M. & S. Defendant theatres since July 2 have been: Alben, Boro Hall, Parascourt, New United, Manhattan, New Echo, Garfield and Avon in Brooklyn ; Strand, Clifton ; Plaza, Linden ; Palace, Passaic ; Plaza, Paterson, N. J. ; Bridge, Eagle, Monroe, Plaza, Manhattan ; Jerome, Bronx ; Broadway, Haverstraw ; Maple, Jeffersonville ; Howard, Howard Beach ; Garden and Casino, Richmond Hill ; Arion, Middle Village. In many cases managements have changed and present operators are not directly concerned with the cases. The Sept. 26 docket has the following three complaints scheduled : M-G-M against the Casino, Richmond Hill, for balance due, amounting to $27.09; U.A. against New United, Brooklyn, for $280, for alleged breach of contract ; U.A. against the Park, Stapleton, S.I., for $50, alleging broken contract. Last Friday Paramount postponed a hearing against Consolidated's Jerome, Bronx, for two weeks so that negotiations for settlement of its claim for $20.85 can be worked out. The distributor claims that the theatre damaged a print. Jay Means Resigns As Head of the ITO (Continued from page 1) out to make a quorum. However, Means told exhibitors that they could consider his resignation effective anyway. When some of the members protested, he said he recognized that he had some friends in the organization, but that he felt for the good of the I.T.O. he should resign, and therefore would not reconsider his decision. Means assured independents that he wasn't resigning from the association. He said he would call another meeting when they requested it, but would not attend that or any other meeting for some time because of the feeling of some exhibitors towards him. Emanuel Rolsky, vice-president ; Ed Hartman, secretary, and Charles Potter, treasurer, resigned several weeks ago as a protest against the lack of activity on the part of the association. However, there wasn't a quorum then, so their resignations are hanging in mid air. To Organize Legal Group Hollywood, Sept. 22. — Attorney Philips G. Phillips, legal head for the National Labor Relations Board, arrives here Monday from Washington to organize a legal battery for work on complaints from labor organizations. It was learned today at Board headquarters that no action on complaints will be taken until organization of the legal staff. The newest complaint is against Columbia studios by the N. A. C. C. for alleged dismissal of four members of the electrical department, for affiliation with the N. A. C. C. Cullman Issues Denial Howard S. Cullman on Saturday denied reports published elsewhere he had made an application in Federal Court for an interval allowance of $20,000. Clearance in Dark for K.C. Independents (Continued from page 1) is serving Fox, but it is understood the deal hasn't been signed. Warners have sold Fox, but the protection for Kansas City isn't set. G.B. has sold Fox Midwest, but there is no information as to how. Exhibitors are beginning to chafe over the delay. The season is getting well advanced, and subsequent runs will shortly have new season product to play. Even for independents, whose admissions range downward from 20 cents, new season pictures will soon be available without having been offered for purchase or without any plan of clearance except last season's, which, it is generally accepted, will not obtain this year. One answer to the question of why distributors have not approached independents on new major product is that they are waiting until Fox Midwest, the key to the situation, has bought from all of them, when they all will have the same story to tell independents— at the same time. While distributors avoid "getting together," if only a few of them sell in zones, independents feel that they can get enough film elsewhere. On the other hand, if they all sell in zones, some say they will go into court on charges of restraint of trade, etc. The independents' schedule, submitted recently, seems less and less a solution. Not all independents have signed it. Jay Means, J. W. Cotter, Clarence A. Schultz and Fox Midwest are not parties to it. Besides, the situation is pretty well past the point at which the schedule might have been taken into consideration with respect to clearance here this season. Reluctance of independents to get together with Elmer C. Rhoden, probably because they feel it puts them in the position of asking favors, is a factor that contributes to this view. Kansas Bank Night Pact Is Held Legal (Continued from page 1) similar in nature, was not a violation of the contract forbidding use of Bank Night or any modification thereof. The court instructed the jury that his nlan was similar in nature and that it was a question of fact as to whether or not his plan violated the terms of his agreement. Affiliated Enterprises was awarded $312.50 damages, which included what the royalties under Bank Night would have been during the time he used the modified olan. The company had asked for $2,000 damages. Form Own Distribution Los Angeles, Sept. 22. — Chesterfield and Invincible announced today formation of their own distributing organization with Louis Hyman as West Coast representative. Far West Exchanges, headed bv Sam Berkowitz, who has been handling the outout in this section, will be in charge of physical aspects of the deal. First Division will represent Chesterfield and Invincible generally in the East and Ben Judell in the Midwest out of Chicago. Chance Games' Status Before Court Oct. 17 (Continued from page 1) in Special Sessions. Consolidated Amusements, which also contemplates resumption of Lucky, is holding off until the Winthrop case is decided. Judge Croak in the Stapleton Magistrate's Court tomorrow will hear complaints filed by the Staten Island district attorney against Harry Shiffman's four theatres, including the Paramount, St. George and Ritz, and Leon Rosenblatt's Star, New Brighton. Shiftman has been playing Sweepstakes while Rosenblatt has been featuring Country Store. Weisman will represent the Star. The various games have become so popular in theatres that many exhibitors are now featuring them several times a week. This contrasts with once a week when games first bowed into the local territory. Quick Windup Seen On Operator Pacts (Continued from page 1) day or tomorrow to start work on ironing out the remaining factors. According to well informed circles, it is stated there will not be a 10year contract. An agreement will most likely be reached on a two-year covenant, it was said. Reason for Local 306 insisting on the short term pact is that if a 10year deal is granted, such an agreement may be construed as placing the I.A.T.S.E. unit in the light of a company union. It is understood that when a contract is finally signed, it will be retroactive to Sept. 6 when the circuits and Skouras were given reductions from the $2.12j4 an hour rate. All Brooklyn Spots Ending Stage Shows (Continued from page 1) prologue for the Center when it is reopened with "The Last Days of Pompeii," which will probably continue for a long run. B. S. Moss plans to reopen the Broadway, dark for about a year, with twin features on Thursday. Stanley W. Lawton, who operates the George M. Cohen and Wallack, has a booking and management arrangement with Moss for the Broadway. That duals in RKO and Loew theatres, particularly the de luxe and first run neighborhoods, would be abandoned within the near future is denied by heads of both circuits. Declare Allied Men Are Signed at Astor (Continued from page 1) agement failed Friday night. Local 306 declares that stories to the effect Allied men are working in the Astor booth are not true, since, it was stated, both unions have a working arrangement and Allied would not put its men into a theatre having difficulty with Local 306. However, Plunkett and Krellberg insist Allied men are now being employed in the theatre, regardless of what Local 306 says.