Variety (May 1934)

Tuead«7. tlUj 1, 1934 PICTURES VAxarr Flhiii Starts L A. Boards, May Return To Coast From K. C Before Going East Lo3 Aii^eles, April 80. With three exhibitor complaintis ready for alrlner, Iios Angeles NRA grievance, board meeta today (Mon- day) for Its Inl This Ifl Bimultanieously with the first meeting of the zoning grievance board which will, begin the tasic of setting up a comprehensive zoning for the southern California territory. First cases to "be heard by the grievance board include: Complaint of Pacific National Theatres against Beix and Harry Goldfarb for alleged lowering of ad- mission prices; Simon M, Lazarus ' (Lazarus & Vinnicof) against Fox West Coast Theatres and Principal Theatres, charging overbuy of prod- uct in Alhambra, thereby affecting iiicarus' Garfield there; J. T. Reh- nte, complaining against Feldsteln iand Deitrlch over leasing by the latter of the San Fernando, in San Fernando^ suburb. John C. Fllnn, Codo Authority seic, met with the local boards last Wednesday (26) and Instructed the personnel to start functioning with- out further delay. On Friday (27) Flinn met with the board secretaries of all Coast exchange centers, Seattle, Portland, San Francisco and Xios Angeles secretaries a.ttending'. Plans for functioning of the several zoning - clearance and grievance boards were outlined by' Flinn, quarters iapproved and getieral rou- tine detains mapped out. Flinn expects to leave here to- night (Monday) for Kanstus City ai^d ' other midwedt exchange centres. Creel and Dist Atty. MuU L. A. Code Wails Los Angeles, April 30. George Creel, California State NRA Authority^ arrived here Friday (27) from San Francisco for three days^ conferences with 'Charles H. Cunningham* local NRA executive, relative to code violation complaints being submitted to U. S. District Attorney Peirson Hall for Blue Eagle prosecution. First of these cases was placed before the Federal ^Orand Jury last week, and while initial action did not include any -pf thei numerous plctur<e squawks on file with Cun- ningham's o£9ce, they are under- stood to preclude lodging of flatter type of cases with thei U. S. prose-^ cutor. Rearrangement John C. Flinn ia not expected back in Code Authority headquar- ters In New York until Thtirsday (»), and he may be delayed until next week. He must be back In time for the next r ision of the Code Authority on Friday (11). C. A. will likely hold Its. first open meeting. The Saxe-Ash Milwaukee case appeal Is then slated for hear' Ing, CHI MAYOR RESCINDS NEWSREEL RIOT BAN Chicago, April SO. Meeting between Mayor Kelly and Henry Herbel, Universal exchange manager and bead of the local Film Board, has resulted In a revision of the Mayor's ban on all riot scenes In newsreels. Mayor agreed to re sclnd his edict against "newsreels and will allow all clips to go through with the exception of those scenes which show policemen beating up citizens or policemen being rousted around by the public C.i-C^ Pettyohn due in town next Monday (7) for' a parley with the Mayor and Herbel regarding pos 0ible reduction In censorship fees on prints. K. C. BOARD GOES UP AGAINST 1ST PROBLEM Kansas City, April 80. Kansas City's newly-ordained Film Code Board had .hardly settled in i.ts new oSlceB when a messenger brought in a protest from^ a small group of Independent thetCtres In the refiidentlal sections of the city Is sued against the flrst-riin deluxers it's, on the _number of days allowed them for clearance of pictures; Claimed that while the clearance ---questionuwas^the subject otjthe:pro.i teat, the real grieviance of the Inde pendents is the price being charged I by the first-runs. All are how showing for a quarter, with the Mainstreet and Uptown charging 40c for lower floor seats at night. If the protection should .be. with- drawn from the first-runs new pol Icies may be announce, and Loew's Midland possibly would return to the exclusive policy it used for a number of months last year. EilOf UcPix Inability to; dictate prices In film' dom under the NRA makeis it Im- possible for the Blue Eagle to rule out 10^ admissions in the busiiiess. But the Code Authority, according to its spokesmen Monday (30), Is expecting action frotn its zoning lieutenants which will make things tougher for the cheapest ticket ex- hibs. Dimesters before the aummer Is over are liable to find themselves virtually in a class with non-the- atricals. Codists figure that In the re-arrangement of protection, all- dime houses will be further stalled. Flinn and Ag^ts Hollywood, April 30. John C. Flinn, exeoutive secretary of the Code Authority, Is meeting today (Monday) with members of the agents'; committee, under the code, whlciji comprises . five pro- ducer members, and oh* each of, agents, writers, directory actors and . technicians, Conference Is preparatory oh or- ganization to handle .various com- plaittts expected of violations of the code In matters relative to agents and their contacts with the. studios;. Flihh will explain the code provi- sions and methods of procedure. RKO'S 50 FOR 1934-35; CONV. IN CHI JUNE 18 Chi Code Boards Meet; PkibEc Zoning System, Pix Corrafing Grief Chicago^ April 80. First of the code board, meetings held last Thursday (M) trlth a get- together of the zoning board. It It was really an organlBational meeting, with Henry Herbel (U), Film Board of Trade president. In as chairman. First wAer- of . the 'boud^ was to set np m, xonlng sys- tem! for Chicago and the publicizing of tnd' system for the fillnir of pro tests. Chicago already has a zoning system, but it will be pub lished this week for thf purpose of filing protests, a rule established by the national code authority. Grievance board wUl meet to- morrow (1).. Each board will meet weekly, the grievance Jnroup on Tuesdays and the'sonliiff board on Thursdays. Most of the complalnta already listed, for grievance board are thosd squawks pertaining to eompetltlve; corralling of prbducL Two caaeB are already set for hearing. First is the complaint of tlio Annette theatre against otreult overbuying, M Is. the squawk of tho Uncoln theatre, doshen (Ind.>. Meetings will be held In the of- fices formerly occupied by the Film Board of Trade. Code groups have taken over these quartors and will enlarge them. Radio will schedule a. program of 50 features for 1984-'35, the same as this year, although the company, does not Intend to make full de- livery of the current season's pro,- gram. Sales convention will be in Chicago June 18. Present indications aTo that de- livery will be short four or five pic- tures. ^ Fibn Boards' Fotnre Final and official word on. future status of surviving ^llih Boards of Trade, pf which there are about seven, will not be determined until WUl Hays returns from the Coast next week. Fact that some IS secretaries are now on the NRA payroll as errlevancei and zoning board execs is' admitted In major spots to have eased the demise of what had been the scout posts of the main Indus- try. The seven girls ^who weren't td,ken over by th6 Eagle will con tinue to draw FB money until the decision. Until. Uie meeting, however, the future of remaining remnants of the lioards Is up^ia the air. FLEXIBLE RENT Hoblitzelle Attorney Invited to Ex plain Theatre Gross Expectancy * Dallas, April SO. John Moroney hiu .been invited to explain the flexible rent plan of Karl Hoblitzelle once again before former Federal Judge Thatcher by both sides at a bearing on the claims of the Jesse Jones interests a^alnst^:.RK;O.-.inv.0lVlng«.the^Holly.-- wood theatre, Ft. Worth. The Hoblitzelle plan fixes the rent on a theatre according to the gross expectancy of the theatre's particu lar policy, the rent being figured on percentage and differing on straight films- as against stage shows. Moroney Is counsel for. the Hob lltzelle theatre interests in Texas, and to have been asked by both sides In a case to render, expert testimony is unusual. All Sides Deinrecate Reports Unit Code Costs Win Burdim ExUhs Setde Extra Stpawks Hollywood, April 30. First complaints oif extras under code clauses were settled last week wh€tn 8tudlo£(, under direction- of the Extra Committee, psdd 6flE salary claims of spmie minor plaiyeris. Other complaints were finally 'decided in favor of the sttidios. Resignation of A. H. Oianhini from[ the Extra Committee has been accepted by t^e CA. J. P. Nprnaaly, who represented Giannlni at miost meetings, has been appointed in his place. Only 1 Kick on From ZKTBTffAirs IHBIB WHALEB Universal City, .April 30. Although onder eontraet to pro- duce for Universal, Benny 2Seldman ia taking an Independent flyer in a four reel vrhallng plctoro. He has no release. Action footago was flln^ed by Stacy Woodward M Menr SSeaiand. Helen* Barclay Im tha fMBino top- per. MABnrSFQUSIATK^ Hollywood, April td. First dlrecterlal assignment for Eddie Marin at Metro will bo Tour Wails,' which lioeloa BCabbard Qro- duces. Picture is being ad^l^ted by Marin from play of sanio title l>y Dlma Burnett and Oeorgo Abbott. WaiBhlngton, April 80. Only one. kick against the film code financing plan has reached NRA so far. Signs are that little trouble will be' experienced in col- lecting a^essments in .view of rigid handling of budget items. Predicting that the assessment plan for producers and distributors will be forked out this, week. Di- visional Administrator Sol Rosen' blatt revealed the sole protest reaching his office has come from Ohio indie theatre owners wlip feel dues should be detennined on basis of theatre's earning capacity rather than method chosen.* Alternative suggested does hot click, with Rosy who feels C.A. plan. Ls fair to all exhibitors. Fact that major producers will be hit coming and going, being as- sessed heaviest amounts of exhibi- tor group because their houses gen- erally are largest and mostly en- joy first funs, will be used as reply to whatever complaints are made in report of Darrow board on code authority composition. Report on financing Is expected to serve as powerful answer to Darrow outfit's expected complaint that Indie ex- lilbltors have only Uttle voice In code administration. Meanwhile, delay in. submission of Darrow report remained unex- plained. Although Chainhan Dar- row 'Visited the White House early last week to talk about 'the work of the organization,* officials in- sisted Saturday (28) that findings still haven't been handed to the President. Darrow failed to show up at executive, offices for second scheduled appointment later in the week. Sporadic office charges that producers and .distributors, are going to take code costs out of the exhib's bide , by Jacking, rentals i>er- centages to unprecedented levels aria ridiculed in independent as well as major circles. Salesmen, It Is generally admitted, are going out witli orders to get whatever they can. Distribs are not entering the new season with any more fancy price ideas than they have every spring'. As for excessive .'code costs, for some theatre 6wners, eodlsts declare the Code Authority is ready to make any adjustment when the facts prove a condition merits sucli. They said the first ba:tch of bills and assessments, generally, had, to be made In a rush, hxii that any proven injustices' will nieet with prompt refunds. Suggestions , as to any ciiange In the structure of the> assessment, table, which, would shift taxes from a fiat fee to a percentage ot thia in- dividual box office ^ross is officially signalled out of the question. Codists hold that this niethpd would be too costly and would ihfllct a far heavier burden oh the theatre owner since It would necessitate recruiting an army of checkers. Each spring the record showb some exhib organization beats the gong for a mass session of owners recording high rental protest. One of the strongest indie leaders whb received the latest tom-tom call declared: 'Let the theatre owner place an embargo agaliist the distributor who is really unreasonable. Tbiere is enough product to enable bim to do this and ho doesn't, have to he or- ganized on a national scale, ^ther.' DUALS'TABOO IN m RELEASES 30 FILMS Milwaukee^ April SO. Plenty ot product for all houses' in state is forseen In the decision of tho film theatre code commiittee ordering the Ashley The&tro-Corp. of Madison to . turn over Its surplus product, about 30 picturieisi to Saxe Amusements which operates the Capitol. The Ashley chain had been double featuring until tbo code' committee ruled against duals. Company must how release Its extra pictures. Saxe has been left with a few United Artists and In- dependents in that spot biit now cuts In on Metro, Paramount, Fox an!^ Ciolumbla. Par's CU Saks ifoddle Under R Y. s New Tax Proposals Ediibs Face an Extra $L500JIOO in Fees ^ If Mayor.!* Ouardla haa his ilray, with the new city tai^ eKhlbltors in New York by the end of 1M4 will be paying approximately $1,600,000 more in city taxes per 4nnum than in the previous year. Strategists for the business who make the estimate iOgure that tiie Manhatta,n exhlbs' tax plight la worse than it has been in 16 years. The taxes are in two classes, tiast Friday there was an . fkldermaiiic hearing at which representatlyes of flimdom were Interspersed with spokesmen for all other loca,l in- dustries: afCected by the. proposed =tax-?of=-one~tw«nUeth^otlJ.%^f:_:thft. gross. Theatre men with the fig- ures are certain If this measure is approved by the city it will repre- sent in the. neljghborhood of .^1,000,- 000 from film theatres. Some $400,000 woxild be collected by the city in additional moneys If the proposed license increases, are approved by the aldermen. The industry contends that the city can^t expect to tax properties and also gross incomes and expect theatre ovniers to have anything left to meet interest on mortgages. Under the license proposal the LoeW circuit Would pay NeW York $59,250 more per year than it is now paying. Other circuits and their respective increase follow:. Century, $11.4(|0: Consolidated. $11,- 260; Elite, $1,500; Isle Amusement, $6,650; Manhattan Playhouses, $8,- 400; Lee Ochs' circuit, $2,250; Para- mount, $5,650; Prudential, $2,200; RKO, $31,700; Ranfprce; $29,700; Rugarth & Bfecker, $2,800; SkoUras^ $20,800; Sprlnger-Cocalis, $18,400; Yost, $2,600. =..=JChe_ lolaliJUUsshseJba cults alone is around $218,000, not to mention the original tax, while that for Independents. Is figured close to another $200,000. Plus money worries, exhiibltor leaders also r6port the city is toughening up on all laws regrard- ing the theatre. lASt Week sev- eral exhibs in Brooklyn were ar- rested. They were charged with violating an ordinance permitting standees in their theatres. Delayed due to j>roduction con- ferences at tbo home office, a group of Par dlstrllhil^rbn officials left Friday night ' (27) ifor Chicago, where a district managers' meeting on sales was held at the Edgewater Beach hotel over Saturday and Sunday (28-29). New York group was dUe back by today (Tuesday) at the latest. George J, Schaofer, Job Unger, Stanley 'Waite and O. B. J. Fraw^ ley, home office distributor chief- tains, went out, district managers coniing from all parti of the dbun-^ try. Meeting was to review sales of the past year and to discuss policies for 1934-'36. WORE HATS SPACE When Will Hays gets back from Hollywood next week he will find that spot ^eirhere his directors hold their sessions large enough to ac^ commodate ropt-esentatiyes from the indie production companies aS well. Entire ilays camp is being mMe over. Wails have been broken throueh"15ta"l5ffl555S=^niDved=around.---= Idea of the cbange is mainly to make more space for the directors and for Hays flies. Hollywood, April 30. Will Hays returns to New York middle of this week. Organization matters held him on. the Coast. He came west, accom- panied by O. O. Mclntyre^ to attend the MPTOA convention.