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30 the only party to feel the blow. The Ug Government was then in the thick of its own anti-trust suit against the in- dustry, and regarded the Goldman: case as a testing ground for its own cam- paign. The Department of Justice hus- tled into the fray, and a brief was filed on behalf of the government as “amicus curiae,” claiming that the public had a direct interest in the number of first- run theatres, that it was to the public’s ‘Features produced hy-big movie firms ay Sent tothelr own organizations | Film availsbie for nieighharhond showing on terms set by big firs benefit to have as many as possible, and that “the District Court’s approval of the pattern of distribution disclosed . . is a threat to free competition in any business.” On August 2, 1945, the Circuit Court of Appeals reversed the District Court. After a long delay, the final judgment was delivered and Goldman was awarded $375,000, about a quarter of his original request, on last December 19. Eleven for distribution "Initial showing in city ‘restricted to one theatre | controlled by big firms a First-run house plays picture as long as it is profitable Rental fee & admission price <\ Set by big distributer NEW REPUBLIC days later he sued again, this time for $8.4 million for profits lost at the Er- langer between the time his first suit started and the end of 1946. The de- fendants appealed the original suit back to the Circuit Court, But the battle was won. Six months before the award, how- ever, the attention of theatre people everywhere was drawn away to the de- cision rendered in the crucial “New ~ York Case” of the government against the industry. This judgment finally out- lawed any kind of block booking; for- bade chain contracts for any pictures; barred price fixing; opened the picture market to free competitive bidding; and forbade the acquisition of new theatres by any“ofthe producer affiliates. The basic threat to freedom in the in- dustry—producer-owned theatre chains —-has not been scotched. But the gov- ernment is carrying the case to the Su- preme Court with a request for com- plete divorcement. A final decision will probably be rendered sometime next winter. Anybody’s guess . s this is being written, the Supreme Coutt is considering a motion to stay the provisions of the decree until it sees the case. But the producers already are testing out the ‘competitive-bidding item and finding to their delight that it yields more money than ever, during the pres- ent picture scarcity. As a result, inde- pendent exhibitors all over the land have set up a howl that the decision meant to free them is actually going to destroy them. : Goldman is one independent who is not howling, Having forced his way to the top of his local heap against terrific odds, he is getting all the first-run pic- tures he wants and making big profits on them. The able Philadelphian has demon- strated once for all that the big boys can be licked and that competition is possible. Under the logic of the com- petitive system, an open market and unrestricted buyers can ultimately bring more producers, selective buying and a better, less expensive product. The movie business, however, is not noted for logic; and how this will all end is anybody’s guess. ike, RO seerayeraye SIRT oe, . Sate ASTUTE EEO TT ret tat