Harrison's Reports (1949)

IN TWO SECTIONS— SECTION ONE Entered as second-class matter January 4, 11)21, at the post office at New York, New York, under the act or March 3, 1879. Harrison's Reports Yearly Subscription Rates: 1270 AVENUE OF THE AMERICAS Published Weekly by United States $15.00 (Formerly Sixth Avenue) Harrison's Reports, Inc., U. S. Insular Possessions. 16.50 M v L 9A M V Publisher Canada 16.50 Wew Iork zu» n T P. S. HARRISON, Editor Mexico, Cuba, Spain 16.50 ^ Motion Picture Reviewing Service Great Britain 17.50 Devoted Chiefly to the Interests of the Exhibitors Established July 1, 1919 Australia, New Zealand, India, Europe, Asia .... 17.50 Ug Editoria, Poiicy: No Problem Too Big for Its Editorial Circle 7-4622 35c a Copy Columns, if It is to Benefit the Exhibitor. A REVIEWING SERVICE FREE FROM THE INFLUENCE OF FILM ADVERTISING Vol. XXXI SATURDAY, NOVEMBER 19, 1949 No. 47 ALLIED, TOA AND PCCITO UNITED IN STAND AGAINST "JOLSON SINGS AGAIN" TERMS Although National Allied, Theatre Owners of America and the Pacific Coast Conference of Independent Theatre Owners are acting independently in their opposition to Columbia's sales policy on "Jolson Sings Again," each organization is taking a parallel stand. Allied, as it has already been reported in these columns, has condemned the Columbia sales policy in no uncertain terms and is now gathering sworn affidavits from its members for presentation to the Department of Justice. This week the TOA's DistributorExhibitor Rela' tions Committee, following up its recent condemna' tion of the methods employed by Columbia to compel exhibitors to advance their admission prices for show' ings of "Jolson Sings Again," issued a strong statement, after a meeting with Abe Montague, Columbia's general sales manager, in which it reiterated its position that the terms and conditions demanded by Columbia are in violation of the law. According to the statement, Montague, in reply to questions posed to him by the Committee, stated: "We have never demanded nor have we ever authorized any employee of Columbia to even remotely suggest that an exhibitor advance his admission prices, and I vigorously deny any reports to the contrary and would appreciate any evidence available in substantiation of such reports." This is, in substance, a duplication of his reply to Allied's charges that Columbia is using direct and indirect measures calculated to compel the exhibitors to agree to increased admissions before their applications to license the picture will be considered. Montague told the TOA Committee that he con' sidered the terms asked for a picture to have no relationship or bearing, directly or indirectly, to the admission prices charged by an exhibitor. After hearing the opinion of its general counsel, Herman M. Levy, the TOA Committee adopted his interpretation that the exaction of terms in any given situation calculated to fix minimum prices for admission was in violation of Section II, 1, of the Final Decree handed down by the New York Statutory Court and upheld by the U. S. Supreme Court on appeal, and which reads follows: (The defendants are enjoined) "From granting any license in which minimum prices for admission to a theatre are fixed by the parties, either in writing or through a committee, or through arbitration, or upon the happening of any event or in any manner or by any means." Basing its views on the volume of reports from TOA members setting forth the terms and conditions demanded by Columbia, the Committee stated that it is "diametrically opposed" to Montague's reason' ing, and that it agreed with Mr. Levy's opinion that, if the terms demanded for a picture are so high as to preclude the possibility of exhibiting such a picture at regular admission prices without a loss, then such terms are designed to force an exhibitor to increase his admission prices. The Committee announced also that, in view of Mr. Montague's request and invitation for corroborative evidence as to the stipulation alleged to be in effect, expressed or implied, for advanced admission price showings of "Jolson Sings Again," the entire TOA membership will be invited to submit "all ex' periences tending to support the existence of this marketing policy." Walter Reade, Jr., chairman of the committee, stated: "The fact that no runs of 'Jolson Sings Again' have been observed at other than advanced admission prices is most persuasive to the belief that some policy designed to bring about such advance prices is in effect." Although the Committee did not specify the course of action TOA will take after it receives reports from members to support the charges made against Colum' bia, the fact that it is urging its members to submit such reports indicates that the organization is think' ing of presenting all complaints to the Department of Justice for action, in much the same manner as Allied. That such action is contemplated is indicated also by the fact that the TOA's Executive Committee has instructed Mr. Levy to "pursue" the matter further with Columbia's legal department and, failing to get satisfaction, to seek "other means." Over and above the legality of fixing minimum ad' mission prices, the TOA restated its position that the advancing of admissions on normal good pictures is bad public relations in that it imposes an additional cost on the theatre-going public that in many instances patrons could not afford to pay. "Theatre-goers who have been patient with usual product and reissues," stated the Committee, "should be given, as a natural right, the better-than-good pictures. Also when the public is deprived of seeing good pictures because of advanced admission prices it is poor public relations for the industry." The position taken by the PCCITO is summed up in the following organizational bulletin issued this week, under the heading, "JUST SAY, NO!": "A great deal is being printed in the trade journals concerning Columbia's sales policy on the picture, 'Jolson Sings Again.' "According to these articles Columbia is not only demanding 60T of the gross but is also insisting upon raised admissions. This office, up until now, has made (Continued on bach, page)