Variety (December 1954)

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Wednesday. December 22, 14S4 nmnEs NEW DISTRIBS ON TRIAL IN ’55 Treble Damage Tax Bite May Take Fan Out of Antitrust Victories Hollywood, Dec. 21. ♦ Successful antitrust case liti- gants are awaiting, with consider- able anxiety, the verdict of the V S Supreme Court in a case that vould render taxable the whole a nount of treble damages award- ed. Previously only one-third of the antitrust awards have been taken bv the income tax collector. C'se in point is that of William Goldman Theatres. Inc., winner of a heavy treble damage award sev- eral years ago in Philadelphia. When the Third Circuit Uourt of Af peals denied the Revenue Bu- reau's contention that it has a right to tax the full amount, the case vas taken before the Supreme Court. If the decision favors the In- ternal Revenue Department it means that winners of treble dam- ages will be faced with huge taxes. For example, if a theatre corpora- tion should win. the treble damages would be taxed at 52% over the first $30,000. but if the winner were an individual exhibitor the bite would be much higher. If the award were $100,000 he would pay $67,000. If $500,000 he would be nicked for $430,000, and if he won $1,000,000 the revenuers would take $885,000. There is not complete agreement among Federal Courts on this ques- tion. Recently the Seventh Circuit of appeals ruled that awards in treble damage suits are taxable in full. It was not a film industry case. More Cases Due? Following a period of com- parative calm in the antitrust suit field, year’s end has seen a sudden resurgence of activ- ity. attorneys report. Not only have several new suits been filed against the film distributors, but some dormant actions have been re- vived with exhibs pressuring for out-of-court settlements. There's r.o indication what might cause this renewed ac- tivity on the legal front. There's a possibility that it may be tied up with the case now’ pending before the U. S. Supreme Court. In it the Com- missioner of Internal Revenue argues that the whole—not just one-third—of any anti- trust suit award should be tax- able. Harry McNaugfaton, Vet Broadcaster, Set For Par’s 'Vagabond King’ Veteran radio-tv comic Harry McNaughton planed Sunday (19) to Hollywood under an eight-week contract to play the role of Pierre, the rogue in “The Vagabond King." This is to be directed by Michael Curtiz for Paramount and VistaVi- sion. Contract was negotiated for McNaughton by Baum-Newborn agency in N. Y. This is not Me- l's aughton’s screen debut, but his first sucb assignment in some years. His last release was 20th- Fox's "Thanks a Million.” McNaughton. of the English Mc- Naughton-Lloyd-Hyman theatrical family first came to air note years back when he did “Bottle" on the old Phil Baker series. More re- cently he’s been part of “It Pays to Be Ignorant" panel and has had his own radio series, "It's Higgins." 1 Warners’ Faust’ Seeks Met Opera Singer’s Co-op Hollywood. Dec. 21. Goethe’s literary classic “Faust.” with music from the Gounod opera of the same name, has been slated for * high-budget production by Jack L. Warner, with part of the cast made up of .Metropolitan Opera stars. Under consideration for roles are Jack Palance. Mario Lanza. Jerome Hines. Ezio Pinza, Nadine Conner and Eleanor Steber. It is possible, Warner said, that the Metropolitan will provide its entire operatic en- semble for the picture. The new departures from con- ventional distribution patterns are going on trial in 1955 and the re- sults will influence industry opera- tions on a global basis. Or, at least, the situation is so s'zed up by a few vet sales execs in New York Being watched as the tipoff on things to come is the handling of Walt Disney’s “20,000 Leagues Under the Sea" by Buena Vista in the U S. and native distributors in foreign territories. Sharing the spotlight is the setup established by Distributors Corp. of America. It’s no secret that Samuel Gald- wyn hasn’t decided on a releasing channel for his uocoming “Guys and Dolls" as yet. And it has been strongly suggested that James Mul- vey, president of Goldw’yn Produc- tions. wants to await the outcome of the Disney and DCA efforts before any decisions are made. Goldwyn, like Disney, heretofore has had a tieup with RKO. Vista, a Disney subsid, already has handled a couple of features. “Living Desert" and “Vanishing Prairie." But these are lesser en- tries in comparison with "Leagues." which has a negative cost of $5,000,000. The big question is whether such an important project can be so’d by such a limited, structure-wise, organization that doesn’t have the exhibitor contacts (Continued on page 18) Stage, Book Writers Best Bets; Video Stuff Not Too Worthwhile; Brown Sees Studios Story-Alert GREGORY TO JAMAICA ‘Naked and Dead’ Starts There In August—Release Not Set Philadelphia, Dec. 21. Paul Gregory was here Friday to confer with his partner, william Goldman, Philadelphia ex- hibitor. on the forthcoming filming of the Norman Mailer book. “The Naked and the Dead." It is now planned to roll next August. This is some months later than original- Classify Drive-In Staff As Parking Lot Jocks; High Insurance Rates Drive-in operators are beefing about the high workman’s com- pensation rates they’re forced to pay. They blame the situation on the fact that the insurance com- panies are lumping all employees, except manager and projectionist, as parking lot attendants. “And the way some of them handle cars,” says Theatre Owners of America, “r.o small wonder the rate is so high." At any rate. TOA. at the urging of its ozoner members, is opening negotiations with the National Council on Compensation “to dis- cover. if possible, the reason for the very high rates prevailing." Drive-in ops have been asked to forward to TOA information re- quired to secure reduced rates. It notes that the National Council on Compensation is currently con- ducting a survey. Information wanted includes name of drive-in. city and state. UA Praay Arthur B. Krim has k«M impressed by Yaak films' global impact bat bo Sees Pix Bis As A T ico- Way Street * o * as iatorostiog editorial feature ie the epcomieg 49ih Anniversary Number of OUT SOON Lost His Head Hollywood Dec. 2i. Hairline economics of shoe- string production was under- lined this week by an indie whose production manager scouted downtown Los Angeles for a weather-beaten old house to sene as a location site. | After several hours, he re- ported back triumphantly and told his chief he had found the perfect place. “How much?” queried the producer. “A steal." said the produc- tion manager. “I told the woman we’d buy her a turkey." “A turkey?" retorted the producer. “How many pounds?" Fashion Tie-Ups, If Properly Made, Help Bally Films With advertising tieups via en- dorsements on the decline, film ballvhooers have stepped up their wooing of New’ York’s Seventh Ave. and the promotional results, in many instances, have paid off handsomely both ways. The fash- ion peg has had its ups and downs in selling pictures and dresses, but when coordinated correctly it means sales for the dress manu- facturer and space for the film company. The fashion promotion can turn out to be a big bust when the aim is merely to gain mentions and space * in a haphazard manner. However, long-range planning, de- ’ signed to give the manufacturer (Continued on page 10) With a view towards the devel- opment of writing talent. 20th-Fox is ontioning a number of new novelists and playwrights even though their work may not be of immediate and tangible benefit to the studio, according to David Brown, head of 20th’s story depart- ment on the Coast. In N. Y. to o. o. the new plays and huddle with publishers. Brown said that a good many new writers were on the horizon, but that the number of originals submitted had dropped. He observed that, with the large investment going into pix nowadays, and the require- ments of the wide screen, it was more difficult than ever to pick subjects that would appeal to all in equal measure. Television, he said, wasn’t of much help, even though the studios were conscientiously monitoring its Crashing of the Trendex Top 10 output. Brown thought the tv me- dium was helpful in that it acted as a “test tube" for new writing talent with eventual Hollywood po- tential. "Right now the stuff they turn out is somewhat akin to our ’B’ or *C' pictures," he commented. Brown opined that Hollywood was tackling more difficult sub- jects than in the past. Asked r* (Continued on page 23) National Boxoffice Survey Pre-Xmas Sloughs Biz; ‘Christmas’ No. 1 for Eighth Time, ‘Paris’ 2d, ‘Desiree,’ ‘Cinerama*’ Next Tropaganda’ Seminar Thinks USL4 Staffers Should Enjoy Tenure Boston. Dec. 21. An all-day conference on Amer- ican “propaganda" in foreign coun- tries was held here Friday >17) at the Center for International Studies of the Massachusetts Institute of Technology. Some 28 representa- tives of publishing and education (but apparently nobody from the (Continued on page 18) ly planned Gregory departed Saturday with name of insurance company, and director Charles Laughton for 10 policy number, days in Jamaica where some of the footage will be shot. Gregory-Goldman Enterprises.' it Is revealed, is still shopping around for a distribtuion deal on I First the film. BETTE DAVIS' RETURN Indonesia’s 567G Motion Picture Export Assn, has received $567,000 from Indonesia, representing the second half of !9o3 remittance due from that country. i n the light of Indonesia’s c^fficult economic situation, ’the !V m companies’ 1954 earnings there remain to be unblocked. . * coin from Indonesia is due ,*V ary and amounts to $120.- , ■ “ s one of several payments aimed at iiquidating the Ameri _ c ns 19o2 accumulation in Indo- nesia. Pic Role In 2 Yeans Will Be Liz the First Hollywood. Dec. 21. Bette Davis is returning to the screen after an absence of more than two-years to co-star with Richard Todd in "Sir Walter Raleigh." She will play Queer Elizabeth, a role she previously portrayed in "The Private Lives of Elizabeth and Essex" at War- ners in 1939. Filming starts Feb. 14 with Charles Brackett producing and Henry Koster directing. Other members of the cast thus far are Joan Collins and Jay Robinson. Miss Davis’ last picture was “The I Star" in 1952.* This is the week before Christ- mas, and biz is so bad at many first- runs that most exhibitors will be glad when it’s all over. Numerous theatres are looking forward to launching new. stronger product in keys covered by Variety to take advantage of year-end holidays. Rain along the- Atlantic seaboard followed by cold and snow, and snow and colder weather elsewhere put a crimp in what slim possibil- ities many houses had of doing biz. The few films doing fairly good trade are rare exceptions. All of which makes the showing by “White Christmas" (Part all the more remarkable since it is not be- ing launched in any new keys. It is the only picture on the list with no lukewarm sessions. Both in ac- tual coin and individral playdates. “Xmas” easily is champ pic for the eighth week in a row. “Last Time I Saw Paris" (M-G) is taking second plate. the same as last round. “Cinerama" (Indie) again is holding in third position although sagging considerably in several spots. “Desiree" (20th» will wind up fourth. "Carmen Jones.’’ also from 20th- Fox, is finishing fifth despite sev- eral mild to fair showings. “Reap Wild Wind’’ (Par', out again on re- issue. is showing sufficient strength to take over sixth spot via some five or six c ates. “Star Is Born” (WB) is managing to take seventh position. “Barefoot Contessa” (UA*, which has played out its main key city angagements. is displaying enough stamina to take eighth. I "Hansel and Gretel" (RKO), fair- ly new. and "4 Guns To Border" lU) are the runner-up films. For- mer likely will fare better in the holiday sessions via juvenile at- tendance. Among other oldie combos trotted out this session is "Battleground” (M-G* paired with “Asphalt Jungle” iM-G*. This got some sizable coin but never rose higher than a fair- ish rating. “Saratoga Trunk”-“Big Sleep," two oldies from WB. like- wise managed moderate results. Several new’ pix, launched this session, indicate great promise. “Country Girl" (Par* looms stand- out with a terrific opening round in N. Y. despite the weather and pre- Xmas opposition. “No Business Like Show Business" *20th>, which preemed at N. Y. Roxy, also shapes a winner. It is smash opening week. “Young At Heart" (WB* is rated nice in Chi with stageshow. “Gate of Hell.” import from Japan, is great opening week in N. Y. “Beau Brummell" (M-G) is more disappointing than ever currently. “Karamoja" «Indie' is nice in Min- neapolis. “High and Dry" (U) is okay in N. Y. and K.C. (Complete Boxoffice Reports on Pages 8 9) i Trad* Mark Reel stared FOUNDED BY 8IME SILVERMAN Published Weekly by VARIETY. INC Harold Ericbs. President 154 West 46th St New York 36. NY JUdson Z *700 Mellyweed It •311 Yucca Street Hollywood 9-1141 ‘ Washington 4 1293 National Pres* Building STerling 3-5445 Chico** II •13 No Michigan Are. Delaware 7-4864 London WC3 • St. Martin’s PI Trafalgar Sq. Temple Bar 3041 SUBSCRIPTION Annual 310 Foreign til Single Copies 33 Cent* ABEL GREEN Editor Vol. 197 in No. 3 MERRY CHRISTMAS Tushinsky Lens Cost Cut Hollywood, Dec. 21. Joseph and Irving Tushinsky who perfected the SuperScope anamorphic lens, reveal that its price will be reduced by more than 40% on Jan. 3. Present cost of a pair of projection lenses is $700. INDEX Bills 53 Chatter 62 Concert-Opera .. t 60 Film Reviews 6 House Reviews 53 Inside Legit 56 Inside Pics 16 Inside Radio-TV 34 International 12 Legitimate 56 Literati 61 Music 41 New Acts 54 Night Club Reviews ’ 54 Obituaries 63 Pictures 3 Radio-Television 24 Radio Reviews 30 Record Reviews 42 Frank Scully .. 61 Television Reviews 31 TV-Films 39 Vaudeville 50 Wall Street 22 DAILY VARIETY (Published In Hollywood bv Dally Variety. Ltd.) •13 a Year t30 Foreign