Variety (Sep 1928)

16 VARIETY PICTURES Wednesday, September 5, 1928 Musicians Open Key Fight on Talkers in Clu; 750 M Mgrs. Serve Injunction on Union Ohicaeo, Sept. 4. Four tt-mporary injimctionjs re struihinfi: the Chicago Federation of Musii'ians* officials from calling or threatening to call a strike among picture house musicians were issued Saturday in United : States District Court by Federal Judge James H. Wilkerson to Balaban & Katz, Lub- liner & Trinz, Guaranty Trust Co. of New York (operating National playhouses. Inc.) and Chicago Title ife Trust Co. (operating Aseher Bros, theatres). The in.iunctions also enjoined the muisicians' officers from exercising authority over members of the union, from demanding that class six (neighborhood) theatre employ six mpri, and restrained musicians from leaving or threatening to leave their places of employment. ■Officials of the Federation of Mu fsiclans met the situation today by informing musicians, in all class six neighborhood hou.ses that inasmuch H!3 their contract had expired Sun- day midnight and no hew agree- ment had been reached, they were at liberty to leave the theatre If they, eho.se. Monday morning about .SO per cent of, the orchestras and organists in class six theatres fajled to mnke an appearance, and the others started, leaving al.'5o when realizing the union was appariently unable to .i.ssue orders becau.se of the restraining writs. Class .seven theatres, which in- '•lude all but two stage band houses, were not affected by the voluntary walkout, nor were any vaudeville hou.ses. Stratford theatre, operated in bankruptcy by the Chicago Title and Trust Co., and Piccadilly thea- tre, owned by Scho.enstadts, are only stage band houses without musi- tfi.'ins. All cliiSK six houses remaining open witlioiit music, although some sire using meohanical devices.. All Jjubliuer & Trinz and smaller Bala- ban & Katz houses included In walkout. Petrillo of musiciaTis' union nor Miller of E3xhibitors' Association has signified intention to come to ngreemeht on contract, Joseph •Weber of American Federation of Musicians and William Green of the American Federation of Labor are •here In conference with Petrillo. Ilearing on temporary injunctions CHARLES ALTHOFF WASHINGTON "DAILY NEWS" August 6, 1928 "Charlie Althoff, the rube fiddler, is literally applauded under—not appearing after his tenth bow; etc., etc." E. issued set for Sept. 10. Seven^ hun- dred and fifty musicianis out, affect ing about 200 theatres. Darrpw Retained. All officers of the union arid most orchestra leaders of the 300 theatres Involved were. served with copies of the injunctions; James C. Petrillo, president of the union, Immediately engaged Attorneys Clarence S. Dar row, Donald Rlchberg and David Liliehthal as counsel in the contro- versy. At a conference with union officials Sunday Attorney DaiTow stated that ina.smuch as the class siic theatre musicians' contracts ex- pired Sunday at midnight the writs Were without backing of any law compelling them to return to work Monday. Although the union would not order them out, he said, there was nothing to prevent them leav- ing on their own initiative. The injunctions are accepted as a move to stop a possible, general theatre musician.s' strike, which would call out men in the Loop and neighborhood de luxe houses who already have entered upon the third and last year of their contract. Saturday Petrillo said: "This, has cea.sed to be m<>rely a local fight. William Green, president of the American Federation of Labor, and President Joseph Weber of the. American Federation of Musicians will be here for a conference on the national situation. Georgie Browne of the stage hands' union and Tom Maloy of -the operators' union arc included. Calls It "Finish Fight" •'This is. part of the Publix-^Para- mount fight to crush the unions as- sociated with their employees, Bal- aban & Katz is part of this chain of 450 theatres from coast to coast, dominating the exhibiting endi We didn't call any strike, but they went to court and said we had, using that as an opening wedge. They're out to get us, and it looks like a finish fight. "We saw this coming in May when we voted to form a war chest by levying $2 a week on every union mu.sician. Thi.s was to start Sept. 3." Barney Balaban of Balaban & Katz denied Pctrillo's claims, stat ing Publix officials probably haven't heard of the local situation. He said Publix and Paramount are get- ting along with unions wherever the unions will listen to reason. Jack Miller, president of the Ex- hibitors Association, reiterated for- mer statements that many theatre owners are hard pressed financially .and aren't particularly worried if the musicians walk out. "The the- atres involved," he said, "could not afford to hire orchestras and main- tain the hew music devices also." Union Statement Following' conference with his at- torneys, Petrillo issued a statement to musicians containing the follow- ing statements in brief: "Members whose contracts do not expire are. urged to carry out their contracts. . "Members, whose con tract?, exp ire Sept. 2 arc .informed their 'oiiTceT.s have been unable to reach agree- ment with owners or agents of the- atres involved. Therefore, there will be no contract in effect. It is a part of every man's civil rights to refuse employment with any per- .son whomsoever, (Supreme Court decision in Adair vs. United States.) "R<>straining oi-dor forbidding em- ployes from leaving or threatening to leave employment is almost In- comprehon.si?)le In view of the set- tled law that mon have the right to leave employment for the pur- pose of comi)<>lling an employer to ALWAYS PLAYING THE BEST World s Greatest Chinese Tenor A POSITIVE SENSATION Week of Sept. 7—LOEWS STATE, Los Angeles Entire West Coast Circuit to Follow MANY THANKS TO FANCHON and MARCO srrant .satK^factory terms of employ^ m"nt." Possibility of Tom Maloy of the operators' union and George Browne of the stage hands' union ordering a sympathy walkout is discounted, although both organizations are morally behind the musician.s' union. Attempt by exhibitors to en- ^rage non-union musicians, howovor, would bring about the sympathy walkout. An unusual, and Important angle of the union trouble is that two of the theatre circuits involved are bankrupt aiid Under court supor- vislon and protection for benefit of the stockholders. It Is a question whether a walkout in these houses, the Natipnail Playhouses and Ascher Bros, would be construed as in con- tempt ot court. Officers of the Exhibitors* Ass'n and the Federation of Musicians met four times last week in futile at- tempts to reach an agreement on the new conti-act demanded by James C. Petrillo, president of the musicians,, for Class € pictui'e houses. Jack Miller, president of the Ex- hibitors' Ass'n, refused to accept the contract for the 62 neighborhood houses involved in the dispute. He termed the union's demand, for a four-piece orchestra in all Class 6 houses, and a six^piece orchestra if the house is wired, as unreasonable and beyond the exhibitors' fina:ncial capabilities. Demand for Organists . . The new union contract also pro- vides for retention of . organists in houses already using them, ^ and •stlpulateis a four-week notice must be given musicians Instead of two. If a musician is dismis.scd he must be paid $2 for every day lie has worked, besides his regular salary, according to the contract. In re- fei-ring to that. Miller said: "That's so siliy I won't even discuss It," Discussing the situation with a Variety reporter, James Petrillo last week said: "You can say for us that the.war is on. Joseph Weber, president of the American Federa- tion of Musicians, has asked us to stand pat in this fight. He says if we get a raw deal here the union nationally will assist us in the matter. "If the exhibitors haven't signed the new contract by Monday I'll jerk the orchestras out of every picture house in Chicago." Earlier la^t- week a one-theatre legit strike which threatened to spread' was averted through hasty conference by Petrillo and Harry Powers, manager-owner of the Illinois, That theatre had a contract calling for employment of 13 pit musicians, and extending to Sept. 1. Sudden decision to bring "Whisper- ing Friends," non-musical, into the house, left no apparent reason for using an orchestra and Powers at- tempted to open last Monday with the musicians on the payroll but not playing. Petrillo insisted that they pla3', and ordered a walkout when the point brought on a deadlock. The stagehands also walked out in sympathy. A Week's Difference Powers was able to open "Whis- pering Friends", the following night only after agreeing to employ and play the 13 musicians for the entire run of the show. Inasmuch as the legit contract also .stipulates that a theatre starting the season with an orchestra must retain the orchestra complete for the full sea.son, Powers probably will have the orchestra on his, payrcil all B|^^ Employment of the ofohestra could have been avoided if Powers had delayed opening of "Friends" one week and opened the new sea- son without a pit orchestra. Seriousness of the picture house situation as regards welfare of the Musicians' Union was evident at the. first meeting of the Exhibitors' As.s'rt last week at the Stevens hotel, when the neighborhood exhibitors signiticd their refusal to aco«pt the new contract. A Variety reporter, the only press i-eprescntative th«.'ro, was admitted With permission of the exhibitors. Members of the a.ss'n who could afford wiring Installaiton stated flat- ly they would have no u.se for or- chestras . with the synciironized films in. They did announce inten- tions of u.slng organists. Called on for a statement, Eniil Stoarn, nen- oral manager for Lubliiior it Trinz, Mii'-'-_,-'^^iL I _^can say is Ijubliiicr & Trihz~ wired "HbuS1's"^W'ill"'"p tively not uso orchestras next year. Wc will keep our orpani.st.s." Other exhibitors announced their intention of dispcn.sing with mu- .'iiciana entirely, and tising moclian- Ical non-pynchronizod music. Va- rious theatre owucr.s olYercd ih.it as a lifo.saver for theatres with "nut" ahead of iiroilt. ))< iiiDiistra-j tion of a mechanical di-vice at a. i Strand's $28 Short Taking a 75-cent phono- graph record arid making of it an illustrated song act for $28.23 is what the. Strand, New York, did last week. The disc was Gene Austin's "Melody Out of the Sky;" It was given biiliner and ran about two minutes and a half. Theatre used a Bosch pick- up from the phonograph ta the house amplifiers. As the reel unwound the animated lyrics, Austin's voice sang the song, . Price list for the innovation ie 3-8 follows: three records (in case of breakage), $2.25: Bosch piclcup, $11; film with title and lyrics, $6; phono- graph, $9. Total $^8.26. . Joe Plunkett, for the Strand, may do the same thing with one of the standard Caruso records. certain theatre was announced from the speakers' table; Later the members became so frank in their statements about cer-^ tain things the Variety reporter was requested to le.ave. San Francisco, Sept. 4. Looks like a deadlock In the wrangle between tiic Musicians' Union and the neighborhood pic- tui'e palaces... The question at i.ssue is the six- day week. The union officials and the theatre heads have been hold- ing cpriferences frequently without result, Musician.V Unioii Has called a meeting for tomorrow (Wed.). The orchestra boys, al.so want a boost in pay of 10 per cent; The six-day week has been in effect in the downtown houses for two j ears. "Theatre managers and Musicians' Union officials nieet tomorrow (Wedriesd.ay) to adjust their diffi- culties. They iare presently work- ing under a truce datirig from Labor Day. No serious complications are ex- pected, neither side wanting open conflict after the mutually costly strike of two years ago; W. C. Win Sen Theme Songs at 10c Profit Los Angele.^;, Sept,' 4. With JI. B. Fl-nnklin pn.'siding, 200 managers and executives of West Coa.st Theatres met at the annual convention of the,; southern California division of thi.s chain at the Ambassador hotel. Franklin annoimccd a deal would be made by West Coast with music publishers on theme songs of pic- tures and that these numbers would be sold in the lobbie.s . of all "West Coast hou.ses at 35 cents a copy, allowing the theatre 10 cents profit. First deal made along these lines was for the Carthay Circle where '•Lilac Time" is playing. Franklin believes his houses can sell 1,000,000 copies of any number, that catches on. Omaha, Neb., Sept. 4. No talkie-musician trouble in Omaha. All theatres have agreed to a minimum scale of $65 for working In the pit. The Hiyicra catches a $14 jolt per man for working on the stage and $7 on top of that for doubling and $3 for costiime; Makes a total of $89 for some men some weeks.- Also, the Riviera has agi'eed to a minimum of 12 men and is carry- ing 14. Orpheum, World and Rialto . set ^or the coming year. Agreements were reached without battle, al- thoTigh considerable discussion took place. St. Louis, Sopt, 4. Entire wai^e dispute between the Moving Picture Operators Union of St. Louis antl the Moving Picture Theatre Owriers' Association has been put in the hands of the ex-^ ecutive committee of the opei-ators' union for further, negotiations. This step followed the rejection last week by the operato'rs of the theatre owners' proposal for a re- -duction .of 10 per cent, in the oper-.. ators' wages. The theatre ownei's' a.sisocIation controls 56 of the neighborhood picture houses here. Three of the larger motion pic- ture theatres have granted the operators an. increase in pay and an increa.se in each of these houses of frorii throe to six rrieri. ' N. Y. M. P. Operators Win Increaises in Wage Scale The new working scale for niotidh picture operators, all members of Local Union No, 306, was signed by the managers and ' theatre owners, last week and became effective Sept.' 1. .. ■ In such houses as the Paramount, Capitol, Strand, Rdxy, etc., the men receive no Increase in .salary, but accept, a new change in working hours» In the bis houses like the Globe, Astor, Central, Warner's and the Winter Garden when it offers big pictures the new,salary increase will, give each operator $104.15. The former price was $95. In the hou.ses operated by (he in- dcpondent.s, the former, $64.80. man will now receive $70.20; the $70.20 salai-y goes to $76.02; the $75.60 amount is tilted to $81.90. All the. straight $72 weekly, figure rises to $78. ■ Where all the operators got $69.95 in the film exchanges, projection rooms and studios they arc now re- ceiving $75. The new contract decrees that no additional man power required on film sound not to exceed 1,000 feet but that over 1,000 feet of film shown per show and all di.sk sound pictures two men will be required to each shift. Following an address. by parry Sherman, the union voted to buy Sam Kaplan, local chief, a Lincoln sedan costing between $6,000" and $7,000. suited in an appeal to an Interna- tional by the house. Loew's accepted the union sug- gestion that it employ three stage hands—other picture houses here have but one—in return for the union's agreement that the three men perform all maintenance work both front and back. This, among other things, eliminatied a non-the- atrical union carpenter. Presumably under pressure frpm the carpenters' union, the stag© hands body sought td enforce a ruling that its members remain on the stage. The theatre won its ap-- peal to the international. Senator Theatre Sacramento Syracuse,- Sept. 4. Attempts by • the local Stage Hahd.s Union to change interpreta- tion of a clause in the new Loew's State contract govfrning the main- tenance duties of Its members re- Roy VIROIMIA BRADLEY and WAYNE Sensational Ballroom Dancers Now WUh FANCIION AND M.4RCO VIOLIN VOYAGE -IDEA" CLIFF CRANE DANCING COMEDIAN Late of Sixth Edition of EARL CARROLL'S VANITIES Week AUG. 31, at LOEW'S STATE, LOS ANGELES Willi FANCHON and MARCO "UP IN THE AIR" IDEA liKST ^VI.SUKH TO ,MA' FKlKNOfl