The Philadelphia Exhibitor (1935)

12 Jan 1 T 35 THE PHILADELPHIA EXHIBITOR MPTOA Prepares Plans for 1935 Meet in New Orleans, La., February 25-26-27 Pre-Convention Announcement Finds President Kuyken¬ dall Rapping Faults of Code — Zoning Still Big Problem in His Opinion The Motion Picture Theatre Owners of America convention at New Orleans, February 25-27, is expected to excel all other meetings of the body. That much was indicated following a pre-ses¬ sion announcement of Ed Kuykendall, president. Kuykendall, in his bulletin, said, in part : One of the outstanding features of the convention will be the conferences and dis¬ cussions on better theatre management, im¬ proved methods of merchandising and selling modern motion picture entertainment. There is no theatre owner in this country who can¬ not learn some things to his own advantage about better theatre management, about how to increase attendance at his own theatre, about how to cultivate new patrons among the 75% of our population who do not attend the movies with any regularity. The first year of the motion picture code, most of the features of which did not get under way until several months after the year started, is perhaps not a fair test of what it can accomplish. Somewhere between the unqualified approval of some to the blind, in¬ temperate denouncing of one faction, who, for their own selfish reasons, opposed the NRA from the beginning, lies the facts. Like most things, it is neither entirely right nor entirely wrong. The present law expires in June, 1935. That Congress will pass a new act seems inevit¬ able. Pressure from certain quarters to re¬ move the exemption from the obsolete and futile Anti-Trust Laws which are distorted by selfish interests to prevent self-regulation and self-control will probably be noisy but futile. It looks as though the new law will impose or authorize codes that will regulate wages and hours, child labor, that will define and regulate unfair trade practices, and will provide for more effective and uniform com¬ pliance or enforcement. Ever since Congress passed the law, MPTOA has steadfastly and sincerely worked to support NRA, to get the fairest and best possible provisions into the code for this industry, to have it administered and en¬ forced uniformly and with the greatest benefit to the greatest number. We were the first to admit that we were not completely success¬ ful in our efforts. But no one can deny that “we did our part,” that our co-operation was sincere, honest, unwavering. We believe that a lot has been accom¬ plished in the right direction, that many abuses have been removed, that obscure and uninfluential exhibitors have been given a place that was accessible and inexpensive where many of their grievances could be heard and remedied. The code itself failed completely to restrain or control the spreading evil of cut-throat double feature competition, did nothing about the inexcusable score charge, and generally failed to provide an adequate cancellation privilege, a practical protection against unfair non-theatrical competition, against the pre¬ mium racket, against forcing unwanted feat¬ ures, against forcing designated play dates on percentage pictures, to provide for a sim¬ plified and fully standardized exhibition con¬ tract with enforceable arbitration of contract disputes. Selfish interests with powerful lob¬ bies blocked many of these provisions. Blue Law Enforcement Checks Sunday Food Shows I EPA-Democratic Tieup Hit When Police Block Openings Scheduled tie-up between theatres be¬ longing to the Independent Exhibitors Protective Association and the Young Democratic Clubs, to collect foodstuffs for needy families, was checked Sunday, December 23, when police enforced Sun¬ day blue laws and refused to allow many houses to open. It was estimated that 34 houses did not open their doors, with much less than that number running the shows in various parts of the city. Democratic leaders hurled charges of unfair¬ ness at the local administration for checking the shows, maintaining that they were in the interests of charity and had no commercial angle. Theatres in South Philadelphia called off their shows, when police got on the job, as did several in the Girard avenue sector. A few in Ridge Avenue also did not open. Some did, depending entirely upon the attitude of police in the district. These collected foodstuffs, which were later distributed. Mayor Moore later came out and called the foodstuff performances “an attempted raid on Sabbath laws.” He commended the police for enforcing the laws and said in part : “The situation is a difficult one to handle, be¬ cause of a widespread agitation that Philadel¬ phia theatres and amusement places should be opened on Sunday. The law, however, is against The code did provide for standard, openly negotiated and published clearance and zon¬ ing schedules, to remove the abuses of under cover, private agreements on clearance, to provide definite uniform availability to all subsequent runs in like classifications and to effectively prevent unreasonable clearance. This provision has been completely nullified. It promised the only practical and fair solu¬ tion of the most troublesome and difficult abuse in exhibition. The problem is peculiar to this business alone. Years of litigation and threats of liti¬ gation show conclusively that the courts can¬ not help. They cannot even consider the practical question involved, which is always how much clearance is reasonable and how much is unreasonable. They must either de¬ cide to abolish all clearance or to apnrove of unlimited clearance. Either way is disas¬ trous to all parties involved. Premium Conscious John Bagley, Star Theatre, tells this one. A man, with tears streaming down his cheeks, came to the house on premium night, said his wife couldn’t come be¬ cause their son had been killed in an accident a week before, and could he please get the premium for that night instead of his frau? And in some communities where the Catholic ban is strong, patrons are paying for the admission, taking the premium and leaving the theatre with¬ out seeing the show. this, as has been determined by the courts, even the Supreme Court. "Therefore, until the Legislature changes the existing law and authorizes the opening of show places on Sunday the existing law will be enforced to the limit of our ability to enforce it. “Yesterday’s agitation may be an encour¬ agement to fee-collecting lawyers and radicals who are endeavoring to break down all laws in Philadelphia and elsewhere, but even so, it may have no other effect than the possible revoca¬ tion of licenses heretofore granted to those who promised at the time of the granting to be lawabiding. Divided “Despite the numerous recent efforts, in¬ cluding what may be termed “the lawyers’ raid of yesterday,” a very large group of theatrical and motion-picture showmen are opposed to Sunday shows. They regard them as ‘speak¬ easies’ were regarded in the days of the Brooks High License Law. “The police of Philadelphia have a great deal else to do aside from watching speakeasy movies and fake charity rackets, but they will continue to do their duty in this regard.” Most of the theatres arranging the perform¬ ances were IEPA members. All Ran Practically every theatre in the city has, dur¬ ing the holiday period, run some sort of a char¬ ity performance, mid-week, at morning hours or between regular performances. The Sunday idea was new this year, and was not endorsed by all houses. Vine Street reaction to the entire affair was mixed, many maintaining that the charity angle should not have been interfered with, while others said that if theatres wanted to help char¬ ity they didn’t necessarily have to wait until a Sunday to do so. Holiday Shows Up Number of holiday shows served to institutions and needy through the Film Board of Trade, Jack Greenberg, secre¬ tary, approached highs of silent days. In the old days, more institutions had machines than under the sound regime.