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6 MOTION PICTURE DAILY Thursday, February 28, 194(\
Wage Boosts
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changes, had elected to have their negotiations conducted in New York by "IA" representatives ; tentative agreements on a 15 per cent wage increase for "F" locals have already been reached, with other details still to be settled before March IS.
At present a team consisting of C. J. Scollard, Paramount, and Alan Cummings, Loew's, are negotiating with the Los Angeles "B" local and are expected to cover all "B" locals in the Far West. A second team, comprising Tom Murray, Universal, and Harry Buckley, United Artists, are in St. Louis, and are expected to cover locals in that area. A third team, consisting of I. F. Dolid, Warner Brothers, and Hal Kaufman, Columbia, are in Atlanta and will cover Southern exchanges. The fourth team of A. A. Schubart, RKO Radio, and Clarence Hill, 20th-Fox, is scheduled to start talks in Detroit today and will meet with other locals in that area during the next. few days.
Next Week's Talks
Talks with locals in New York and New England are expected to start late next week. A larger committee met with representatives of the Philadelphia local late last week, but no agreements were reached, as far as can be learned.
Wage demands of the individual locals vary considerably, it is learned, but it is understood that the negotiators for the distributors are offering similar conditions to all locals as far as actual percentage of an increase is concerned and on the time of retroactivity of such increases. The 15 per cent wage increase granted the "F" locals provides for 10 per cent to be retroactive to Dec. 1, 1944, and the full 15 per cent to be retroactive to Dec. 1, 1945.
All of the 7,000 exchange workers generally work a 40-hour week, spread over five-and-one-half days, and are understood to be seeking a 35-hour week spread over five days, with overtime for additional time.
U. S. Predicts
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ment was made during final arguments near the close of the New York trial.)
"The Jackson Park decision will have little effect on the New York Paramount case," the Department official said. He pointed out that the Chicago case came before the courts as a relief suit for damages, whereas the New York case deals with what is alleged by the government to be outright violation of the Sherman antitrust act. The difference in aims of the two cases, he said, makes the Supreme Court's Jackson Park decision of no value in determining the future of the New York case.
Concurring in Attorney General Tom Clark's view that the Jackson Park decision will result in the filing of similar cases by many independent exhibitors, the Department official said: "While this is of no concern to the Justice Department, it will help us break up monopoly control and discrimination by the 'Big Five' producers and distributors. Prevention of discrimination and monopoly control is the Department's aim."
Chicago Court
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return the mandate to Chicago's District Court, after which Judge Igoe will act on the injunction filed by Attorney McConnell. He is seeking earlier playing dates of major product for his client and wants an equal opportunity to bid for such product. In view of the Supreme Court's decision favoring the plaintiff, it is believed that Judge Igoe will grant such an injunction.
Thereafter, exhibitors will no longer be placed in a fixed classification, as they are under the present zoning system, but will be in a position to bid on the open market. It is the opinion of veteran exhibitors, however, that the high rentals being paid by affiliated circuit houses will eliminate most independents from the possibility of advancing their current release dates.
Record of Rentals
Richard Salkin, manager of the Jackson Park, says he has a complete record of rentals paid by the circuits and that distributors will be in no position to hold up independents when product is placed on the open market.
Change of the clearance system will benefit the Essaness Circuit's Oriental Theatre in the Loop, which is currently limited to United Artists' product but is in a position to pay as much for product as any other downtown house. Also, James Jovan's subsequent-run Monroe Theatre, currently "starving" for product, has the seating capacity to enable it to compete with the competitve second-run McVickers.
To Aid Charity Fund
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house canvass of Catholics, which was conducted by upwards of 15,000 volunteer workers in the 374 parishes of the New York Archdiocese.
Organization of the special gifts committee follows the announcement that Francis Cardinal Spellman has appointed John S. Burke, president of B. Altman and Co., as chairman, and John A. Coleman, chairman of the board of governors of the New York Stock Exchange, as executive chairman of this year's gifts committee.
Solicitation by members of the committee will follow the organization period during which sub-committees, each with its own chairman and vicechairman, will be formed. Their activities will continue through the parish canvass, which is scheduled for March 31-April 10.
27th Year
This year marks the 27th annual appeal of Catholic Charities, which was started in 1920 by the late Patrick Cardinal Hayes. It coordinates, integrates and, at times, extends the work of the 184 inter-dependent Catholic welfare institutions in the New York Archdiocese, besides maintaining agencies dealing directly with family and individual problems. In 1945 more than 468,000 individuals were aided by these agencies.
Noyes Resigns
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had been sought by the industry for the MPAA Hollywood post now held by Byron Price.
SIMPP has named no successor to Noyes.
Percentage Suits
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same plaintiffs who are suing the Flaks.
The alleged percentage fraud claims in each suit are similar to the claims in numerous actions filed during the past year, and which are now pending in Eastern states. Alleged is a plan or scheme to furnish the plaintiff distributors with box-office reports claimed to be false on percentage pictures, in order to pay a smaller percentage rental than that due for the picture, and to secure lower rental terms on future flat and percentage pictures. Some of the suits also charge that checkers were induced to join in the alleged falsification of the nercentage reports.
Accuracy Questioned
Complaint is not made in these new suits that the exhibitors refused an audit of their books. Each distributor claims that the theatre records furnished by the exhibitor to its attorneys for examination, allegedly did not contain a full and accurate statement of admissions and gross receipts obtained on the percentage days, and that the exhibitor is charged with refusal to furnish the attorneys with complete records.
The court is asked to award punitive damages in addition to judgment for claimed damages said to have resulted from the alleged concealment of percentage receipts. An injunction is also requested against disposing of and altering the books and records pending an audit and discovery.
J. Cookman Boyd, Jr., Allan Sauerwein, and the firm of Tydings, Sauerwein, Archer, Benson and Boyd, Baltimore, are attorneys for Loew's in its suits ; the other distributors are each represented by attorneys R. Dorsey Watkins, James Piper, and Piper, Watkins, Avirett and Egerton, also of Baltimore.
Brennan Dead
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he was placed in charge of RKO Metropolitan New York and New Jersey theatres, celebrating his 25th anniversary with the company in that same year.
Born in Syracuse, Brennan's connection with the amusement industry goes back nearly 50 years. At 10 he was a Klaw and Erlanger program boy at the Weiting Opera House in Syracuse. Later he became an usher. While attending high school and Syracuse University, he was part-time treasurer for this theatre and upon his graduation was made full-fledged treasurer. He managed Klaw and Erlanger houses in Ohio, Michigan and West Virginia, before joining Feiber and Shea, for whom he operated vaudeville houses. During summer months he managed his own stock companies in Auburn and Syracuse.
Eight Survivors
Brennan is survived by his widow, Helena Fulmer Brennan of Trenton; a son, James M., Jr., a grandson, Tames M., 3rd, and five sisters, Mrs. Morgan A. Dunne and the Misses Tulia, Marv, Rose and Marguerite Brennan, all of Syracuse. Services will be held in Trenton tomorrow at 10 A.M., at the Church of the Blessed Sacrament ; interment will be in Syracuse.
Construction
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gency construction will be permitted under the new order.
Wyatt asserted that the new direc-i tive will be made public within thej next week and will not authorize thea-,;i tre construction.
The morale of every community is] an important factor to consider in the-! atre construction curtailment, bujp.he|j housing expediter pointed out, (jBj^e! is "actually iio serious shortage of! theatres." He implied in an inter-! view with Motion Picture Daily,! that construction necessary to keep the;-; atres already in operation on a work-; ing basis will be permitted under,! provisions of the forthcoming direc-j tive.
He declined to say present theatre! construction, started but not com-! pleted, will be stopped. At the same! time, Wyatt served notice on prospec-i tive theatre builders that going will; not be easy unless they already have1 sufficient materials on hand to com-tj plete the building job.
Allocation of materials will be han-j died through the NHA, with the help: of the Civilian Production Adminis-Ji tration, Office of Price Administra-i tion, and the Reconstruction Finance Corp.
System of Permits
A system to permit commercial con-; cerns to apply for "essential building1 materials" will be established as a! working part of the reconversion. Ten days hence, complete information will, become available outling the method whereby commercial and industrial builders may receive permits and priorities for material allocation.1 However, it was emphasized by Wy-!; att that very little new commercial building can be permitted unless it is! I urgent. He added that in "emergency" cases repair materials will bej granted commercial concerns upon ap-i plication.
Meanwhile, Administrator John D. I Small of the Civilian Production Ad-| I ministration says it may be necessary; to prohibit completion of some com-! mercial and industrial construction already under way.
This action will be taken in the fu-i ture, Small stated, "in spite of the serious effects which it will have upon! commerce." Small pointed out that the limited supply of building mate*-[ rials is what he terms "sufficiently! serious to make this action' absolutely! necessary" if the housing goal is to, | be met.
The CPA Administrator expressed; concern over present and possibly fu' ture black market operations in comJ i mercial industrial building.
Schiller Promoted
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home office representative and moreH recently of the home office foreign! department, has been appointed man1 ager of the contract department.
Also, Lt. Steve Dorsey, now onn terminal leave, will return to the; company later in March to resume his) oost as personal assistant to James R. Grainger, executive vice-president! and general sales manager.
Buck's Film to Kerman \
Moe Kerman, president of Favorite! Films Corporation, has secured world' rights to Frank Buck's "Terror of the Jungle."