Motion Picture Daily (Jan-Mar 1936)

MOTION PICTURE DAILY 8 Culkin Drops Federal Film Board Scheme (Continued from page 1) before hearing testimony, the sub-committee asked for opening statements from Stephen B. Cabot, honorary vice-president of the M. P. Research Council, and Charles C. Pettijohn, counsel for the M. P. P. D. A. Going over the ground which he traversed during the Senate hearings, Cabot discussed the growth of the industry, its influence and the effect of pictures on young people. Again he referred to the promises of the industry to clean house and its alleged failure to perform, and declared, "It is clear that the industry so far is insincere or unable to reform itself from within." Claims Public Has No Choice Block selling is not wholesale selling, Cabot said, because in wholesale selling the buyer at least has a sample of the product. "In this industry, in order to get some good pictures, you have to pay for some very inferior pictures at the same time," he alleged. Cabot repeated his arguments that under block booking the people of the community have no voice in the selection of pictures, and that the exhibitor is powerless. "If the exhibitor were free to respond to the need and wishes of his patrons he would not refuse to meet their desires," he held. "He would quickly lose patronage if he did." Discussing the present situation, Cabhot admitted : "It is only fair to say that during the past year pictures have improved. However," he added, "the opponents of this bill now say that they have at last cleaned house and can be depended upon to keep it clean. What guarantee do they give us that they will continue to keep their house clean?" A slight pruning of the "colossal" salaries paid by the industry may be necessary if the bill is enacted, Cabot admitted, but contended the advantages would far outweigh the disadvantages. Distribution is a mechanical problem which is not considered in the bill, Pettijohn declared in presenting the distributors' side. Thirty thousand miles of film must be distributed among 16,500 theatres every day, he pointed out. "Not Mass Production Industry" Answering Cabot's charge that in other industries the buyer is shown samples of the product, Pettijohn declared that this is not a mass production industry and that often the producer doesn't know what he has until the picture is completed. Stressing the contention that the film industry is one of mass entertainment, he told the sub-committee that the smallest theatre gets the same pictures as the first run de luxe house, often at a price which is no more than the depreciation charge of the print. Again he explained that the bill would raise distribution costs and be reflected in higher admissions. On the ground of moral tone, he argued that exhibitors would continue to buy box-office attractions and asserted thai the good pictures would still be difficult to move, laying before the committee the table he presented on the Senate side to show that Mae West had not been cancelled and "Alice in Wonderland," "Abraham Lincoln" and other good films had been. If a bill of this nature is to be passed, he asserted, block buying as well as block selling should he outlawed, otherwise the houses which now have protection against powerful competitors would be left high and dry, although lie added, under any method of selective buying the exhibitor with the most money will get the best box-office pictures. To Force Out Bad Pictures Assertions by Pettijohn that the bill would not raise the moral tone of the pictures shown were challenged by Congressman Culkin, who contended the placing of responsibility on the exhibitor would force the elimination of bad pictures in favor of good ones. Culkin called the attention of the subcommittee to the recent St. Louis criminal suit, which, he said, was devoted more to "personalities" than to criminal activities, and declared that in the eyes of the Government the industry is controlled by a monopoly. The Pettengill bill, he said, will give selective power to the local exhibitor, protect him from monopolistic practices, destroy the "vicious and indefensible" practice of block booking, and eliminate the system of blind selling. Culkin read into the record the totals of the Legion of Decency List of last December, showing that out of 1,130 pictures, 528 were given "A" rating, 512 "B" rating and 90 "C" rating. "At least 50 per cent of the pictures are anti-social," he said. In view of the fact that there is no chance of enacting his bill providing for a Federal commission, the Congressman said, he favored his other bill, which would prohibit compulsory block booking and amend Section 2 of the Clayton Act to apply to leases and licenses, or the Pettengill bill, which' he said was introduced partly at his . suggestion. Charges Films Discredit U. S. "I am more concerned about the passage of this legislation than I am for the credit of sponsoring it," he said, although, he added, some amendments should be incorporated in the Pettengill bill. Any one of the pending measures, he said, would put into effect the reforms he advocates. Culkin assailed the industry as "misrepresenting" America abroad and asserted our film exports have killed all respect for the United States. He said that he had 114 petitions with more than 5.100 signatures, asking enactment of the legislation. The Pettengill bill will not prevent the sale of single pictures, it was declared by Henry R. Atkinson of the legal group of the Research Council, who read the statement submitted to the Senate committee explaining the provisions of the measure. Atkinson was closely questioned by Representative Cooper of Ohio as to how the bill would keep undesirable pictures off the screen in the absence of censorship and said local censorship could be set up. Representative Connery of Massachusetts, appearing as a "friend of the films," urged enactment to improve the moral tone of pictures and to break the alleged monopoly which exists, 12-Unit Bill Torrington, Conn., March 9. — A 12 unit program, consisting of a double feature and 10 shorts, will be introduced at Warners' Palace, a second run house here. A similar program was instilufed in Derby this winter. after which Representative White of Idaho also pleaded for enactment. Abram F. Myers, Allied general counsel, traced his testimony before the Senate committee, and declared the hill would improve the tone of pictures. The producers, he charged, do not force unfit films into their own first run houses but do force them into the neighborhood houses. Cancellations mean nothing, he said, and launched into a vigorous attack on block booking. Support for the measure was given by the attorney general in an informal opinion prepared by Harold M. Stephens, assistant attorney general. It was incorporated in the record, and held that the proposed legislation "should be upheld by the courts." The hearing will continue tomorrow and Wednesday and then will adjourn until next week. M-G-M Seeks Dismissal Los Angeles, March 9. — Loeb, Walker & Loeb, attorneys for M-G-M, have filed a motion in Federal court here asking dismissal of a suit brought by J. Pratt Irby for damages allegedly caused him by the M-G-M production, "Have a Heart." Irby is manufacturer of an iced confection which is known by the same name, and he claims that the M-G-M picture is an infringement of his exclusive right to the words. He seeks damages totaling $20,000 and costs. The motion holds that the Irby patent is for a different class of merchandise. Hearing of the case has been set for March 12, before Judge Albert Lea Stephens. Supply Board to Meet Directors of the Independent Theatre Supply Dealers' Ass'n., Inc., will hold a one-day meeting Friday at the organization's headquarters here. Discussions will pivot about the coming annual convention in June at Chicago. Attending the March 13 session will be B. F. Shearer, Seattle; Ken Douglas, Boston ; Joe C. Hornstein, New York ; Clem Rizzo, Philadelphia ; A. F. Marone, Pittsburgh; George McArthur, Detroit ; and Joe Graham, Denver. "Times" Big in Frisco Sax Francisco, March 9. — "Modern Times" got off to such a fast start at the L'nited Artists that it was necessary to close the box-office from time to time for the first two days. Prices were advanced five cents for matinees. It looks as though the gross for the week will reach $17,000. Coast Pool Extended Los Angeles, March 9. — The one, year pool between the RKO Hillstreet and the Pantages, Hollywood, has been extended for an additional year, with RKO in charge of buying and operation. This was the purpose of Xate Blumberg's trip here. Tuesday, March 10, 1936 Defense Rests Case In Cagney vs. Warner I. os Angeles, March 9. — Defense in the Cagney vs. Warner trial closed here this afternoon with testimony by Herbert Frcston and Ralph Lewis, Warner counsel. The testimony was a categorical denial of the Cagney charges with nothing new added. The case will be submitted to Judge Charles I. Bogue Tuesday, afternoon for judgment. Coast Houses to Dual Los Angeles, March 9. — Loevv's State and Grauman's Chinese will adopt a double feature policy following the run of "The Country Doctor." M-G-M's "Wife vs. Secretary" is the film set to inaugurate the new policy. Al Colombo Promoted Hollywood, March 9. — Al Colombo was today promoted by RKO to head of its music department. He succeeds Fred Fleck who is advanced to a production berth. Bert Perkins Is Dead Bert Perkins, 45, and widely known exploiteer, passed away in Miami last week and has been buried in Providence, his home town. He was with M-G-M for a number of years and for the past eight years had been with Warners. Perkins became ill last spring while on an assignment in Detroit, and although he had taken a Mediterranean trip he never recovered sufficiently to report for work again. He is survived by his widow, Edwina. Harry Browne Passes Word was received yesterday at the U. A. home office of the death over the week-end of Harry Browne, a salesman in the Atlanta exchange. Browne was reported killed in an automobile ' accident. Further details were lacking. Arthur McCoy Dies Ottawa, March 9. — Arthur McCoy, recently appointed manager of the Tivoli Theatre at Kingston, Ont, and formerly with the Capitol here, is dead. A brother, Thomas, manages the Regent here. Herman F. Jans Dead Herman F. Jans, former independent producer and at one time head of Jans Prod., died yesterday. He had been inactive for the past five years. Jones to Do "Othello" Hollywood, March 9.— Robert Edmond Jones will produce and direct "Othello" in New York in Xovember under sponsorship of Max Gordon. Walter Huston will play the title role, and his wife, Nan Sunderland, will play Desdemona. Jones plans to leave Hollywood as soon as his work on Pioneer's "Dancing Pirates" is completed, which will be about the first of May. KAO Board Meet Set The board of directors of KAO wilP meet Thursday to set a date for the annual stockholders' meeting. A financial report being completed by' Price, Waterhouse will be approved at the meeting and later sent out to stockholders.