The Independent Film Journal (1954)

Legislation . . . New York A perennial bill sponsored by Sen. Fred G. Moritt, Brooklyn, proposes special taxes that N.Y.C. might levy, including a 10 per¬ cent levy on admissions to entertainment, but only if charge is $2 or more, because movies are the “poor man’s entertainment.” . . . Bill proposing that films brought into projection booths in theatres bear evidence of inspection and repair prior to shipment, has been reintroduced by Assemblyman Ber¬ tram L. Podell, Brooklyn. . . . The William son-Brook bill, proposing extension of “day¬ light saving time” from the last Sunday in September to the last Sunday in October, supported by Mayor Robert F. Wagner of New York, who has indicated probability of similar action by Massachusetts and possibly New Jersey. . . . Another measure would delay legalization of bingo beyond the three years the amending process requires. If the bill is not altered, the law would require any city, town or village desiring to allow bingo to hold a general or special election. Bill asks for a constitutional change to legalize the game on local option by 1958, and also limits prizes to $1,000 a night and $250 for any one game. Massachusetts Bill #718 asks for two licensed operators in projection booth. . . . Bill #934 would require special licenses for operators of projection equipment in churches, schools and institutions, at a fee of $3.00. . . . Bill #1204 proposes that storage or distribu¬ tion of nitrate film for public exhibition be prohibited. . . . Bill #1692 asks to have age limit for licensed operators lowered from 21 to 18 years. . . . Bill# 1701 proposes an amendment to the cinematograph law which would invalidate existing regulations regard¬ ing use of nitrate films, to apply only to cellulose acetate or slow-burning films. . . . Bill to construct a $15,000,000 underground garage near Boston Common, to relieve con¬ gestion in shopping and theatrical districts, enthusiastically endorsed by many business leaders. Oklahoma A bill allowing Oklahoma City and Tulsa to levy local admission taxes is scheduled to be killed in the state senate. Sen. George Miskovsky, who introduced the measure, is expected to withdraw it after protests by local industry spokesmen. Iowa A new bill to restore licensing power to township trustees has been introduced in tbe senate by C. E. Stewart and others. Last year, the state supreme court held township powers to license businesses, es¬ pecially theatres, were unconstitutional. The decision was handed down in connec¬ tion with a fight over a license to a drive-in near Charles City. The new bill seeks to set limitations on tbe licensing power to meet the objections of the court. It would require that township trustees shall grant business licenses to any applicant who establishes that he is a person of good moral character and would be in conformance with health, fire and other regulations. Delaware Rep. Paul R. Livingston (Dem., Wilming¬ ton) has introduced a measure in the State House of Representatives which would per¬ mit theatres in unincorporated areas of New Castle County to operate continuously from noon to midnight. Ohio A new administration-sponsored film cen¬ sorship bill defines “obscene” and “tending to incite to crime,” and provides fines of from $25 to $300 for exhibitors who show unlicensed films, or distributors who refuse to delete objectionable material. In Cleve¬ land, the welfare committee of the city coun¬ cil unanimously adopted a resolution calling on the legislature to enact a film censorship law that could be upheld by the U. S. Su¬ preme Court. The motion of the Justice Department to add Allied States Association and other ex¬ hibitor groups as co-conspirators in the longpending 16mm anti-trust case will be heard next week (Feb. 7) in Los Angeles by Federal Judge Harry C. Westover. Included as co-conspirators, besides Allied, would be : the Southern California Theatre Owners Association, COMPO, Metropolitan Motion Picture Theatre Owners Asociation, ITOA, and the Pacific Coast Conference of Independent Theatre Owners. The latter organization has been out of existence for several years. With headquar¬ ters in San Francisco, it was last known as Western Theatre Owners. According to Assitant U.S. Attorney James McGrath, it was named in order to make its actions ad¬ missible as evidence in the trial. The government’s idea in making these groups co-conspirators is to broaden the field of evidence which the government can introduce in the case. However, as alleged co-conspirators, the exhibitor groups Avould not be permitted to take part in the trial of the suit. They cannot call witnesses, crossexamine witnesses or address the judge or jury. At most, they could submit a “friend of the court” brief at the end of the trial. On the other hand, they would not be bound by any finding’s or judgment ultimately en¬ tered by the court. National Allied officials confirmed a report that they might prefer to become a defendant in the suit, rather than a co-conspirator. As defendants, they could present their own evidence to refute the government’s charges. However, the risk involved, in addition to time and money spent, would be great. If the case is decided in the government’s favor, the court might bind the exhibitors in the final findings and judgment. In that event, the theatre owner groups might be liable for damages brought by an individual TV station owner, who could use the government-won verdict and judgment as prima facie evi SCTOA Fears Circuits' "Drive-In Dominance" Hollywood. — Resolutions calling upoi I the Justice Department to review with i ; view to stem the further acquisition by largi 1 theatre circuits of additional houses havi been adopted by the Southern Californh Theatre Owners Association. At a meeting held this week the members expressed theii concern that the large theatre circuits woulc extend their dominance over the drive-ir theatre business. The resolutions urged Justice “to viev with the greatest concern the efforts of thi giant theatre companies, formed from tht acquisitions of the producer-theatre-owning defendants, found to have violated the anti trust laws ... to expand their already over¬ whelming aggregations of theatre properties.’ It was further urged that “the prohibi I tions against new theatre expansion and] acquisitions by the theatre companies result-; ing from the divorcement of the formei producer-theatre-owning companies be con¬ tinued until” such time as found necessary, dence in his own suit. Some National Allied officials feel that even if Allied became a defendant in the case, the final court order would apply only to the distributors and not to the exhibitors. Because of the complexity of the situation, Allied does not expect to make its decision known for several months. Meanwhile, Abram F. Myers, Allied gen¬ eral counsel, has charged that the new motion of co-conspiracy has resulted from Zenith Radio Corp.’s campaign for immediate au¬ thorization of toll TV. “Allied,” said Myers, “has taken no action savoring of boycott or any form of restraint of trade. Allied and its leaders have exercised their right under the First Amendment to comment on the folly and ethics of supplying film for ex¬ hibition on television while the theatres are compelled to exhibit these films for a price. “If the Department of Justice, which has been so alert to protecting the constitutional rights of others, is now determined to deny free speech to the theatre owners, there must be a reason which has nothing to do with the law or the facts,” he declared. “The timing of the motion, in view of the recent announcement that the trial had been postponed until next September, indicates a purpose to afford Commander McDonald (president of Zenith) ammunition for his propaganda campaign for toll TV,” he said. Myers further stated that as a result of the recent program announced by the Joint Committee on Toll TV “misrepresentations and distortions of fact . . . will be exposed . . . and this assist from the Department of Justice will do him little good.” In Washington, the anti-trust division of the government has refused to comment on Myers’ statement, while Harry’ Brandt, presi¬ dent of ITOA, Robert Coyne, general coun¬ sel of COMPO, and Harry C. Arthur, presi¬ dent of the Southern California Theatre Owners Association, denied conspiracy charges. Exhibs Named As Co-conspirators Weigh Joining 16mm. Justice Suit 4 THE INDEPENDENT FILM JOURNAL— February 5. 1955