Variety (Jan 1935)

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26 VARlETr F I C T E i Tuesdajt January 8, 1933 (Continued from page 15) right under the cbhtract to terminate the employment at the end of dny day,, and, )n order to be completely fair to the pror ducer. he la given a leeway bt 24 houw) oii either Bide oiC the starting date,., thus giving. Mm period of three days, when the .work may -bnly last. t>ne day., Parcigraph S of the .Day Player Contract ■«et forth in the rules provides that In the event of thiei- prevention or suspension;, of ' the pro'duotlon, the .producer jaay terminate the day ■• player's. contract . and pay hlni .'biily- for the work up to that; time, .un.^. less he has guaranteed him. a speclil^d pe- .' rlod of employment, which is . almost never in the cose ■ of day 'plalyers. There Is, ho ■"reason why aiplayer'.engaged: for one day's work ihould t>ear the risk of ^uspenaion aa . he doea at present... • • •■ ■ThevhQurs of labor PToyislon- 1? .incorpo- ^ rated in', the contract- and' Is'- Intended ' to end an abuse which at present exists, Uh-- der the present day player rules of the Xcademy the producer Is permitted ,to dia-. iiilss.the actor (or.a period .of four.hours during any ■ working , day; call' Win back to the studio at the end of. the period, and . finish hib eight hour day at the end of Ithat tlnio. .It :1s possible for. an. actor to . be called to-the'studio at 0:00 a, m., work ■ until ■ liOO o'clock, be., given an hour dnd ia half for lunch, be dismissed for four hours plus an hour:'and a half for dinner, and be recalled to the etudlo. at 8:00 p.m. to work until ihldnlgbt, "without additldnni . compensation. .Thls 'Is thoroughly unfair .: bc<cauBe for all practical' purposes the ac- tor's day hos. been from nine m the; morn- ing to midnight'^ . The hours .of labor pro- yl^lon as. provlAlon lii .these rules abolishes that abuse. •', .The day player, because ofi' the Ilmltied term of hta employment. Is now allowed . overtime at the rate of one-eighth of his dally salary for'each hour of overtlmie.. in^ other wbrdB,: instead-of getting:: the. cus- tomary tim e and a half, which la usually provided lir~Hre3r~c ont r ai ; iB for-overtifner- he only. gets ordinary time. . We have not tried to Increase this. ■. This class-of players need's more protec- tion than any other class; In Justice we 'ask that they receive., itv:' ■ ■ :' ■ ' Riilcf VI-i<Qntraet Players . .■When one speaks of'contract players the - tendency—Is-, to . lnBtantly-..-thInK„ot_h.lKhrj _BalarLed'8tar8._ Most of tlrtih. however.: can protect""themselvesr:' 'Th'e'"6tlJdlOH"^haiVo 'un-: 'der contract a large number of' em&Il .part players commonly kiicwn as stock players,, whose bargaining power is limited and-who ..greatly, need protection, . .Because" of- the -various; kinds of cbhtracts In use no at- tempt 'h'aB been made to set forth a unlr form contraict for contract players. .We have contented ourselves' with trying to -remedy, some;.flagrant abuses. - - ' ' .1*1 Ap)>endlx'-E,: we' have printed a-'typl-' cal studio . contract, which - 'was ' signed, omitting only the!* decte. the name o( the ' player..; and the amounts of the option In- creases.; ■'■■' ■ (A) Suapeniions. and Lay-offp ':■ . Many studio contracts provide for .aii In- . definite euspehslon .in case - of r flre,'- strikes, and- the like, at no pay to; the contract actor. , (See paragraph fourteen, Appendix E, page r>0, where the suspension Is tor two months in a three'months';contract.) If by reason'of a flre a studio ceases pro- duction: for six months, it may 'suispend' its contracts, the actors may do nothing In the meanwhile,' and 'get no'compensation. ' It seems unfair that the actor should bear the. entire risk, . A; Just provision would divide . the riisk between the .etudlo and the nntnii TThn" mlgg prnvlfia that thft ttctor bears..the. risk for Qhe week for each, three niontbd. .df tt>e contract .at ho pay, and one week: for eaich three, months .for half jpay.' —ThiiB- ln the six -inohthB'.. :example. .gLv.en. above, it the.actor were'under a three year contract, the jncoducer could, suspend for twelve'. weeks at no 'l>ay, and' twelve weeks at half pay, ' ■ , The other abuae In this regard Is con- .;cerhed .'with, layoffs at. the. .uncontrolled. option of. the producer... In most contracts ' at present 'the producer is given the option ' to lay oft the actor for a .period of twelve. -^%eeka-out-^>t a,.iy.ear, but-In -some con-- . .tracts. the' producer Is given this option for longer periods. The rules provide that. Buch :'option ehall be limited to twelve weeks in a year' and a proportionate time for longer Or';ehortier contracts. They fur- ther provide that the lay-oir or suspen- sion must be for a minimum .of seven days. This is .no ^that the' actor can .get a rea- —Bonable rest- during the period .of-a lay- off. At present, studios': lay pfC: actors for : a day. at a time and the actor often does not And It out untU hei receives his tolary ' check Bnd~flndB-he-haa-b!een -off^'salary-for . a. day. . In one case.we know.of, an actor . found out when he received his check that - he :had been off «alai7 for half a day. ^Another practice of the atudtos in. this re^ gard Is to Use .the actor's lay-oft period to make him do other work, buc)i as. flttinga . st ills. • tests, ■ and ■ publicity appeara ncefli .'Obviously If he la -working -ne is not rant off. and the rules provide that he shall not . be on. call during the lay-off. If he is laid off'his tlnie Birould'be his own.. (B) Arbltpatipn ; some'cases in as many, as four - pictures at a" time, Tho . ab'use Is. particularly, prevalent at Warner -Bros, ond Metro-Oold- wyh->layer. ■ Such work not only ruins the actor's health: It destroys. Ills usefulness on the facreen. This la bad . both for the actor and the studio. The second reason has nothing :to do with the actor's health or usefulness. but ha« niuch 16 do with one of'the .great purposes ojt the NRAj to spread Employment. By means of overworking, their stock players,, studios have: greatly cut down thS use. of free' Idnce' players, . with- tremendous re- sultant Unemployment;- .In' the long run it la bad .business for the: studiba,' bcchnse they' Overwork certain faces on'the screen and do not get the best out.of their players, but the producers .who have been ea^.nteiit on whittling the 1 3/5 cents; of the actors are determined to save the monej^ which It niehns to each "Studio, whatever the Je- suit on. the community of actors generally. As has beet; pblntcil but. a change would make no difference In the prosperity of the companies.. Anyone-who has been around studios knows that they waste money with a lavish hand. ;ea8e after case could be- olted of executive-extravoBance,. which Ib compensated oiit. of tho class which can least afford to bear It, . ■ . .. Pictures- have' gradually dbslroyad ;tbe. road of the legitimate theaitre. There .are less than one-flfth ot-the" actors working in the theatre, today who were Working, eight Vears' ago. They must And an outlet rn pictures If at all. Surely, on Industry^ paying, actors only 1 3/6 ;cents of ■ Its.- box ofnce dollar can afford to make thw small concession' to relieve unemployment, .; ,■ (J) Options . ' Appendix' B; paragra.pH : third, with' the . option - periods . attached ., to - the -contract therein set forth; show: the typical atudlo- contract player arrangement, options to the producer every six months for seven-years; With rare exceptions.-. the: contract .player will-receive hla-salary'only so long tis he la hrtnging it In to the box Office. If hIs drawing power ceases, nis opUuii la -not- takeh up.^ Actors, unlike' producers, are only paid oh results. Although it Is Obviously unfair for the actor to be bound for seven years, with the prbducer able to Vget out of the contract every six mbriths, we have-raado no .bt- tempt to change .the situation. ' We men- llbn--lt-tb-show._thatJf^theae...t«leS; h.ove .etredt-Jhey_haye_;_erred_on_ the. side of^ moderation. , ' ""'■' . T- v - The only change we have requested Is the: simple: one that notice: of exerclee of, op- tions be ■ ta writing..' jRuleVl I—Arbitration Previous .rules'.provide for arbitration in thb case of free lance actors, day players.: and contract players,': This rule prevents ,the •.'employer, from controlling, the ^em- 'plbyee's "choice of the" organization 'which appoints .arbitrators fbr the employee. This IS "clbarly just. ."'; " .' " '. :'; ' ".' ' :.^ :'-'. Rule Vlil-—Call Bureaui-rC.ompetir .i ■./. -'tiVje''Bidding ^he evil to. be remedied Ip. the bpbratloh bf the present call .burefiu. It; is In' theory , a centrar bureau for the calUn'g . bC freb lance iactora, operated by- the . Producers' Association. The producers argued that it waS for the benefit of the actor. If so, there should be no objection to abolishing It. - It does not. serve any veryTiseful-purr pose tb producers slncb they- could make the .calls Juat^as -weU through their own calstlng office, and^lhe 'small—amouht--of savlng In dupllcatlbh of effort does .not Justify twb abuses Which exist'-under'the call bureau. ' Th e Ural abus e Is th e use of central . In - formation about the last employment of free lance: players. In order that the em-, ploy.er has the requisite information as to -the- actor'*—bargalnlne-:-pbwerr^the—call' bureau . collects and flies data on. the: em- ployment of all actors, which is: a.vallable to prbducerA, iat all times.; Every call for an octor from any studio IS recorded at the call bureau. The producers: claim that no' data on.actors' salaries Is hahdled; but this Is Immat'erlal; since a glance at an actor's card will show the amount of employment he has had ' from all sources and give an approximelte Idea , of hla bargaining power. The second abuse Is the producers;. re- serving actors without any partlclpatloh on the part -ot the actor, wlthout'even. notice to him, and without pay tb him. Through the call bureau the studio casting ofnce can place an 'Interested' ■. call; for half a dozen actora.who are being considered for the same part. . Thes.e. aqtors ,.and their agents .are -almoat never', notified, yet any- other studio li-iqulrlng for'actora under such a call Is notified that the actor la being: held for the. flrflt studio. If the ^econd "st^dlo~become8-lnslstent-.nbput-getirng-lKe- actor, the flrst studio must be notlfled.ahd has 24 hours within which to sign'him to a contract or release his call.;. This IS.'a system of peonage without pay;. The one way. .-.to correct the abysta Is to abolish the'Call Buteau.' . ItuleI'VII I further p rovides a prohibition reference sball be. had So far aa the: lawB of the atate permit,' . ' The purpose 6f;theae provlslohs Is to meet two objeotlons of. producers. Although arbitration laws are-valid in California ana New Tork, where pictures are made, pro- duoera aay that: pictures may Ue made In some Btate 'Where arbitration Is. hot valid. (*) 'above' is 'a complete answer to'-this. The' producers' next objection tb arbitra- tion Is that it prevents them from using Injunction or attachment. ., <b) Is a com- plete answer'to this.. With these, quallflca- tlbns' there Is no excuse for any objectlbh to the arbitration provisions of the -rules.;. Itule VI-(A) beglna as follows: 'No coh: tract shall prbvlde for a Buspenslon of the contract or.'a;. lay-:on period,'during; tho: term of the contract at the option of^hb: produqer . unless : the . . provision' conforms tb the. following reflulremehtftJ'.-...?h further study of the clause we think that, for the; protection of. the'producer'' the following should be added after the - words !for a suspension of the contract', and 'before' the words 'or a Iay^>ff 'period,' namely, ;<ex-. cept a euspensloQ ifbr defaulti.or inability: tb perform by. the actor).': : ■ At the end of Rule IX we think thia clause should be Inserted, to guard -agalhst any ..retroactive effect: 'Nothing herein con-- talned shall require the: violation of any bona fide contract .existing.:before these, rules .'go Into effect.' . ■ ; . • ' ^^ In order to. make the :rules oh Call- Bureaus effective;'we think there shbuld::be added to Rule yill: a sentence: reading as: follows: 'No. motion picture prbducer shall partlclpatei in or engage actors through any general. booking or employment . agehcy. This does not prevent^ employment through . lactors* /ajsent^ of ttfe type. how' generally operatthg in the motion picture, ihdustry.'- Bnough haa been said heretofore about the operation of a ge'neral' booking - office to show .the justlfleation for this' change. '. In. the copy hereto attached and ihade a^ part hereof these: changes have- .been in'- sorted, but' have beetl italicized to show . the chang«i made from, the^ draft on which the prbducers voted. ' Since the ".Administrator . has power to: modify the rules proposed, as. welt, as to L Mwa the^r enactment. It seem e d useles s to go back to-anotner-vote as"~t6 .these small obanges when we already knew that the counsel for the prbducers had Instructed them to vote'No*^ on everything. ' Legality, of the; Propoaalr . We gather from the document hahded. .the actor8..by.:Lthe..:prbdu(jerp_^t.JtKejblj8a^^ rneetlngS, '^which has already beeh referred to, ■ that" tVe~pn)dtacerk"'ArOrOlng:tb -contend- that any set of fair!.practices is :illegal. Produced from the labor of eleven meetings It; read; u: follows; .; 'The prodiicera In returning the proposals submitted by the actors wish . to go bn recbrd that'/the proposals:.are no .proper part of the'Code'Ot Fair'Competition, and, are opposed_ to. any attempt to regulate auch- things.under.tte;.Code".'''.■'^:;'-.~-.;.^''; •:: "there...are a number, of answers tb the contehtlbn of the producersi-all-bf .which, are .<:OnclUBlve:. {The first; Is that . the pro'duqers ' are estopped .to raise any.such cbntehtion, hav- ing consented to the Code - with the . pro- vision for ai: iset of fair practices in It.. This was the only cbncesslbn which talent- woii on the Cbde/as'originally drsifted, and the producen,. haying acted' under the Code and taken the. benefits, thereof, cannot now contend ' that whatever - detriment it im- poses : Is Illegal.—-Moreover, ; the- .-Code Authority, composed bf representatives of jftll ;the._ leading, -prbducihg companies,: ap- pointed, five p'rSaUiber'~reprasentatiVe8-.-and-- flve producer alternates to act on the com-' mlttee,:lUid.they dld sb act.. Tf' l» tia BTjpig,! ■ ♦hnt there is no COndi- Stadio Placements Hollywood, Jan. 7. Kewpiie liiorgan, Janies Marcus, ■Warren Rogers, Guy'. Usher, vFrancla MacDonald, Mitchell Mark, 'Caprice Espagnol,' P^r, , ; ' Diana Lewis;; Patricia Chapmun, Peggy 'Watts, (?«hle SlAck, ?AU the King's Horses/ Par. . JiaLCk Mulhall,. 'Win or Lose,' Par. Bill Howard; 'Mlaslsfilpipi,' Par.: ■ ' Dbrls^Lloy^, .Finis Barton, 'Becky S^arB;,L;Plune!ai;..i ^ against understandings wnien preve"ht~fr«r competitive '.bidding for '.the services of actors, iln' other words' it seeks- to pre- vent the abuse, of the'Call- Bureau in . an- other Way. It is In accordance 'with a principle established.,' (or many years - In American Institutions. , :' :. ■ This, provides that every contrnct shall contain an arbitration clause substantl&liy _ , , ~ _ ... - r> ■ ■■ ir* the same as tBe-f rtie iitnee cont r aut. Com^ -Bule-H—Pefi'w*»one ; Ru le l i"»=aua 'pulsory- arbitration - has been in. force -for four yeara under the Academy free lance contract.' There is'no reason that it should . not also-be ki force In respect to contract players. (C) to (P) Retakei, Dubbing, -.Travel ■—These-provlslons^Imply:^glVe-the_contract_ player the same terms-aa the free laniie . 'actor.'gets In regard to'retakes :after the' expiration .of. the. contract, dubbing, travel '. pay. and 'working on location: at the .be-- ginning or end.- of the contract. '.'./(Gy.: .Loahihg', . This provision Is that an actor's services .. mH i r; nnl- -'hn- loanftd WlthmiK ^*la AMnr'a lations; Rule IX—Administration : These are simply adjective rules for mak- ing the substantive rule.i effective. - The Important thing, to be. noted is the provi- sion against waiver.. Experience shows that if the rules can—be -waived;—wltlwthe- limited ))a^galnlng power.-of the .averpgb .actor they: wIU sooct become a dead letter, -a8r-ha8--tho^twelve--^iour-rest—period—We. aro not'.Rsklhg for gestures, but for .en- forceable; regulations. . ..This provlalbn-lfl-es- sential. '" V-:' '^•r■""". '■ :•" ■ ;■ :■■"' ■ ■' ' ■ "~'— tlon requiri^ the establishment of a set ol fair practices betweeh producers and actors,: the answer Is that the Code impbses upon the-Administrator-the -duty—to-.jnake. the', determination of whether or not. such a necessity exists, .and the :Adinlblstr'ator -has by order heretofora made the determination that such necessity, doea exist, and that a set of. fair pracUcea should, be adbpted. The prodncera In pursuance to such order have appointed' their..-representatives and have acted under. It, and It is now too late for...them ..to be., heard In objection. Of course, they iiave a. right 'to object that- any speclflo rule proposed .Is unfair, biit that should be'the extent.of the objeotloh. Another argumbnt that may be advanced: by -producers la that the Code - was- not- Intehded to regulate .the relations ^between such classes Ot labor as actors! and pro- ducen. As we Jiave previously pointed out,' they' are-estopped-from making any such contention.'. In - any 'event, the. con'tentlo'n-^ should be. given little consideration In view of.;.the-'.prbvlslona-lnsetted-hy-the::producere In" thiS":cbae" whlelrthey-propbsed?-"--^—— - - - In the Code enacted. Article 'V, Division B,' ,Part B. EecUbns 1 (o), 2, 8, 4; and 0, the producera set up a . complete set bf rules, reguUtlng when and. how: actors could be employed and the bidding for acton' servlbes.. In the public Interest, -Bfter~dtie-tM>nslderatlonr-the-PTesldent-TSus-^ ponded this, clause. However,' the pro- ducers wrote it Iqto the. Code and vouched for its legality^. If the cbndltlbns under which actbra can-be emi;>Ioyed.ahd bids.cah be made for their services can be regulated^' cannot the working condUiona .of actors likewise be regulated under the Godey Selmer Jacksoii, ''eallente,'; W Sam: Godfriay,. 'Call- of the "Wild/ 20 th, Century. ' , Rlbhard Qulne, 'Boy of Flanders,' Radio. .;'■"'■■". '.":'■■'..: . .;i'.";■■'"■ Qstar Apfel, Richard Tucker, Lita GheVreti Glovia Roy, 'Dante's In- ferno/ Fox. ;-.::■■, Gharles; Mlddleton, Charles OrapeT Win, Jay "Wardj Arthur HOhl, 'Dev- il's Cargo,' Gpl. ; Arthur : Rankin, Mair Lou .DIx, Margat>et Bray ton, tJdward; Van Sloarie, George Irvlrijgr, 'Mistaken Identity,' Col. ' . . John "Wray,- Henry O'Neill^ C.C: Wilson, 'Recipe for Murder/ Fox. Farina^ 'RecklesSiV Metro. George K. Airthur,..'Vanessa—Her Love Story/ Metro." Winifred Shaw, 'Calient^/ "WB. Glen Boles, -Go Into Your Dance,' '\VB. :..■■-"";■ ■.'■- „.X. ';- ;' Egon Brechei", Florence Fair, Ferdinand Schumann-Helnk,: 'Florr entlne Dagger/ WB. Eeo^ arlllOr P at- O'Brien; Herman Blng, Callente/ WB. . Jimmy Fay, Trlncesd; O'Hara,' U. Eric von Strohelm,: Jr.; John Hy-: ams; 'Callente/ \VB. ' . Reginald Denny, Spencef. Char- ters, Eddie -Shutoert,- 'The-Q6ofi(e; and the Gander/-WB. - Hugli Herbert, Ruth Donnelly, •Traveling Saleslady/ WB. Gene Fbwler, screen play, 'S^ut- ter's Gold,' U. <3rady. Sutton,- ''Laddie,' Radio. Kathryh . Hereford; 'Great Zleg- feld.VU.::::::v J...::...;;... J -., ■ Georgle , Hale, directing dance's, 'Princess 6'Hara/- U.- ... ': , , ., " Ralph Rehiley, Anne, Howard/ Dorothy Gray; Jimmy Fay, 'Princess O'Hara/ U. Lyle-. Talbot, Hugh . O'Connell, Gertrude Michael, 'It Happened In New York,' U. ' . Lester Cowan, supervising 'Crlihe and Punishment/ Col. Bert -Kalmaf, Harry Ruby^ script- ing 'Alibi Ike.VWB. — Seymour . Felix, directing dance numbers,;'The Great Zlegfeld/ U; Charlotte Henry, 'Laddie/ Radio. VnnHnft TTnalnff , atflfffnp dnnnaq , . 'Dizzy Dames,' Liberty. Ralph Graves developing story Ideas for Reliance. '.written consent. . An actor .ehould not bo ' treated as a' chattel. Where; a loan, is beheflclal to -hlm, hla consent: can be easily secured. When he '.,slghs a - contract with a producer, he should not- agree to work . for the world. The-present unjlmlted loan- ing: clause (see- paragraph thirteenth,': Ap- : pendix' E, . page .SO): gives the producer the power to ruin the actor Without any risk to-the producer, because it will not be -in the producer's-picture. -It has. be$n used as. a punishment to vent-the personal spite of 'a/ prbducer o)t an' actor. , For a good ' many years In the -United States: labbr - has- nbt been :-reisarded as ; a coihmodlty. : This should be even-more true In tho case of the professions. ' : - . ':. (H) Working In Mori than One Pictura at a Time \ Thei-e . Is no clause in' these rules more Important -than- this one, 'which states 'every'-contrjabt, shall-provide that the actbr flhail hot be-reauired to aot In more than one .picture at ,a time.'^ Since these rules were wrltteir wri have realized that this clause dbes hot '^rbtict thb producer in the case of rc-takes And *e are willing to have added 'to it.'at the end .'except in the crSp of re-takes or ^dded scenes.' With this added provlalon. Jiowever, tbe rule la . paramooot loiportaaM for tfira maoiif. . .. It haa t)«eB «omiDoa •laotle* ^ Mae •< work la aloMMt dollinlter t/Mam mi m Some of Suggested Modificatioita the Rules Unfortunately:we did not have the bene- fit; of any'counter-proposals'from ;the prb--- Htti.Bra y,y -gyMcyj tn tvRt tho nfnTKwal s whicfa: ■we made. " They contented themselves with voting' 'No.'- ■ Where they . argued bn .matters like radio and televislbn we made eliminations. : Hbwever, since.the vote has taken place. We have found One or two place's where the rules ehould be mbdiflcd in fairness to . the prbducer,; and we are willing to accept such . modification as follows:. In Rule: V In-the mlhlmum contract for free lance, actors, paragraph (16),-. we: are- willing to. odd to.: this arbitration para- graph the following: ' ''This - paragraph shall be . subject, ••;however, to the followlng<uallflcatlon8:'. '(a) If It is in violation of the laws of the'state--where the cohtract- la.be- ' Ihg performed, It shall.be null and void. ' . '(b) Notwithstanding this paragraph, . If either party : to the contract desires. ; ; to. make use of a provisional remedy . . pending hearing of ; the' suit, such as . temporary Injunction or attachment, he may. bring an action In the bourts if he' - . Invokes sudi provisional remedy, but ; so far ios the law of the state permits - the final decision. :Shall "be: oh. a refer- . ence by the court.to arbitrators uhder - the machinery provided hereinbefore In . this paragrapli,. and each party, agrees -la advance to - a.binding reference of; ttM eeatfovMwr by ^e Mark oader tb* provMOna ot nla paracraph ta wtd aa« iloB wbera atlA Brovlsloaal MB«dy k Siv<h«£ >^E* o< thf atata ^ not vMom • ooiaplete iweiMtoe. a Article III; Section. 1 (o), provides that 'employers shall comply: with the maximum hours of labor, mlnlmunl rates of pay, and other conditions of . emplbyment, approved' or prescribed . by the' President.' To this the producera asSenteil and In so assenting "a^gfitlh agreed to roguiatlon-of the;xondltlbns of labor of acton. . - In the, detailed jprovlslbns of Article rv, tne labor, provisions . of . the Cbab, hours,"-' labor; and. working; cbndltions, are :fully. regulat'edr^lhdeed;^acfors'-^worklns:.con^ ditlons in yaudevllle and presentation mo- tion picture theatras are likewise regulated. Acton In motion picture productions are excepted; from the provisions, : prbbably by' reason, of the- -fabt that it was expected l;hat t^elr conditions -would' be. regulated by .the rules of fair practices resulting ffOM" the work of this committee.; It is clear that they should' be given the same con- sideration as other labbr and . that - rii'les . should be : enacted : for them, -. as herein proposed. Article V,. Section 7, provides 'for ' a means of blacklisting an employee who does not perform his contract. If the actor's conduct Can be thus regulated it would seem clear that the condltlonq of his bm- ployment by- the producer .can be likewise regulated. - 8p««idy Hoarihg.ahd::D.ecislQn . -. Slbw Justice is a denial-of .Justice. The 'Code wela signed-by'the'President bn Nov. 27, 1939. When this brief iS: filed 1085 will be beginning. ; We' ask that Sin Itpmedlate hearint; bis called on the actors', proposals and that a - speedy declslbn be reached.' Procrastination in sb doing will be pracr tically equivalent- to a denial. . "The history of the acton' fight as hereinbefore.set forth gives: every reason . for, a .quick decision,. In the Interests of justice and fair play wc ask that It be given. / Respectfully submitted, . BOBBRT UONTGOMEIiT, " .UDB KINO, ^PH UOBaAN, INNDTH THOMBOir. i-VtSt Ktvibitt ot rive-Fivo Committee. Howard Estabfook, screen play, 'Oriihlds to Ybii,'"Fox. " ~ William ' Farnum, , Hobart Bop- worth, Fred- Malatesta, Anna De- metslo, 'The Crusades,' Par. • Carlos Millar, 'Now I'm a Lady,' Par. ■ . ■■■ ■ .'■ : ■: - Bill Dooley, 'Murder on a Honey- moon,' Radio, Patsy Kelly, "Four Stars for Love,' Radio. E. E. Para.more^ adapting 'Qxins,' Par.. ' -Anthony Coldeway-wrltlng:^orlgl'^ hal. Col. : Sam Ornltz, screen play, "Frisco Fury-,' Gol.----► —_ Dewey iTdbliiBon;" ; ^Mrdsiimmer Night's Dream,' WB. . ■William Kelghley, directing '"Wan- derlust,' WB. Guy Klbbee, Aline- MabMahon, 'Wanderlii-qt/ WR William . Hurlbut, screen play, •Safe In Jail,' Fox. . William B. Davidson, Aklm Taml- roff, Joseph Crehan, 'Go Into Your Dance,' WB. - Svlvin. Ridnpy, Tlprl ^f-^h^ TynrM .' Par. Marlon Gerlng directing 'End of the World,' Par. . S. K. Lauren, screen play, 'Lady j)f;Jifi.wJYprk/_Cpl._. Sidney Buchman adapting ^Wlngs of So ng.' C ol. . Vkaroiu ishUiuaLti wi'llliig yarii for- 'Shark Bait,' Col. ■ "Eli^a-Rlz^alor-julertlouBtrChafles^ K. Frencli, '"Vanessa/ Metro. Leila Bennett, Jessie Ralph, Christian Rub, Greta Meyer, Doris Lloyd;: Zefflie Tilbury, Ferdinand Guttschalk,. ' VampliuH of Prague; ' Metro. Barbara Barondess, Claire Du Brey, 'Life Begins at 40', Fox. ; Joe Cunningham, dialoglng shorts at Metro. , : - • .; Bernard Schubert, scripting 'Three Wise Fools'; Metro. Charles Butterworth, Una Merkel, 'Public Enemy No. 2', Metro. Raoul Walsh, directing 'Public Enemy .No, 2'. Metro. . ; . • Sammy Lee, directing dances, 'Four Stars to Love', Radio. DeWitt Jennings, 'Boy "of Flan- ders', Radio. ' Miary Belch, 'Laddie'. Radio Cornelius Keefe, 'Hong Kong Nights',;. Fatter, B. Harrison, Orkow. Winifred Laii ronce^ screen play, 'You Gotta HaVe romance'; .Par. -Scott S'eaton, Patsy O'Byrne, Alox Cherva, C. L. Sherwood, Ernest Adama, Jana Karr, 'Rugglea of Red Gap', Par, Robert EmmeU O'CoQnor, Jabk Burdettdi Jobu Selly* Sddle llo- Omaha Newspaper V Promotionai Sfonts Riles Omaha Exhibs ' Omaha, Jan. 7. Picture exhibitors appointed a committee, to call uponHenry.:. Doorly,- publisher of th? Omaha World-Herald, to. pvotost the activi- ties, of the pt'ombtioh dei)'artmeM the .Herald In bringing .theatrical . enterprises to town to, compete with; • the attractions offered. by show business.. Cdmnilttee was appointed in cooperation with MPTOA, but not officially designated as reprie^ senting that Organization, body act« Ing In. behalf of city exhibs only. After the powwow It was all stralghteried out_ to evonybody'a satisfaction. ' ■' " V," -.-. Action of exhibs results from paper's activities In bringing here the San carlo opei'a company for fohir days at Thanksgiving time and attempts of paper, to makie deals on other littraicflons, especially a bal«; let troupe for showing early In th* year. Trl-States Theatres Co. (A. H. Blank. president) Is situated so that It could bring in road shows, to Its now dark Paramount,' but factor: of a competitor in the field . makes It more difTlcul.t to deal. Tiiis situation Is said to he one reason why- the 'Ziegfeld Follies' and 'Ah Wilderness' have not yet been dated : for this season in Omaha.; ExhlbsV attitude Is that the Herald wouldn't like It If shoniv biz were to start an opposition daily, so why should a . newspaper Invade show business. : Doorly's Illness prevented "a scheduled conference last Monday (31), and committee postponed ac- tion till Jaii. 2, 1936. When the committee stated Its purpose to Doorly, he: said there was never any Intention, of -going Into show btiBl-i_ ne"Ss aiiUnhat^i^t^as"^oiil^ Interest. that the , opera .was. spon- sored. The only other newspaper- ■ sponsored . eyerit- may -possibly be the Ballet Russe, and- outside ot . that the paper Is doing no promot- ing, Haid the managers known this they would have • taken no action, ■ and as It is, all parties o^e satisfied. UNION SEEKS WIDER STUDIO EMPLOYMENT - : ■. ,:,' . Hollywood, Jan. 7. MuScIajwriocaT^477"A^^^ 'wrilTput'"cnjra:stlc^et-"Df ^^^^ lations Into .effect Jan. 20, covering picture studio employment by Its members. Under new ruling, mu-. siclans playing steady or seasonal engagements or any weekly engage- ment of four or more days outside of the picture lots are prohibited from playing studios either for re- hearsals, tests, recording, side line or. atmospheric work. Musicians . not playing, steady, . seasonal or -weekly engagements, or engagements of four days outside ot 9tudlos,-are^pr6hibited'-from playing • more than two studios- the same week, or returning to the first studio after playing the second. Members playing recbrdings or other engagements. (In one and not more than two studios) to the earned amount of $77:60 or more per weeks are prohibited from rendering any other musical service In or out of studios the sam6 week, excepting th e studio—^here -t4iis earned amount has been received. Another ruling prohibits memberu regularly employed from playing in. studio on their day or week off. Contracts^ ^ Hollywood, Jan. 7. Nelson Eddy stays on at Metro for another term, nixing a concert tour....' ; • '..".,^'; . .■.': "Luclllg' Watson, -hr-the-Nr*- , liu w in .(. leglter, 'Post Road/ returns to the Coast to start her new pact with Metro. Universal handed termers to Sole Galll,^ Phyiiis Bropk^, V'aTferre'.Hob- son and William Roberts. Warners has given a new termer to Mary Treen, now In 'King of the Bitz.' ■.'■ Gill, Jack Perry, - Jack ; Herrlck, -Stolen Harmony', Par. Larry (Buster) Crabbe, William Prawley, 'Hold /Em, Yalfe', Par. -Michael Visaroff, Harry Harvey, Grace Goodall, Lloyd Ingraham, John Gough, Jack Dillon, Bill Sul- livan, Christian iRub, 'One . More Spring', Fox. '■ : Louise Fazenda, 'Casino MUrder Case', Metro. ■;■ . Alloe Lake, 'Shadow oi Doubt', Metro. :' Helen Sbipman, Waugh^ Uvti* •tta', Metrok .