Motion Picture Daily (Oct-Dec 1946)

MOTION PICTURE DAILY 60. NO 81 NEW YORK, U. S. A., WEDNESDAY, OCTOBER 23, 1946 TEN CENTS Canadians Are Told to Seek 'DeControls' Fitzgibbons Cites Need For 'Free Enterprise* Toronto, Oct. 22.— Citing the example of uncertainty and predicament in the film and theatre business in the United States through a succession of decrees and court rulings, J. J. Fitzgibbons, president of Famous PlayersGanadian Corp, today called for action on the part of the Canadian film industry to secure tree enterprise. Fitzgibbons spoke during the annual luncheon here of the Motion Picture Theatres Association of Ontario. He pointed out, (Continued on page 6) J. J. Fitzgibbons Zigmond in Theatre Post at Paramount Jerry I. Zigmond has been named to an executive post in Paramount's theatre department, where he will assist Edward L. Hyman, who is the contact on operations for Paramount partners and associates in its Northern group of theatres. Zigmond has been with Paramount (Continued on page 6) ITOA, Allied Defer Brandt Proposal Representatives of the Independent Theatre Owners Association of New York and National Allied met at the Hotel Astor here yesterday for further discussion of ITOA president Harry Brandt's proposal on one organization of all independent exhibitor associations. The subject will be taken up further at a future meeting since no conclusion was reached at yesterday's session. Day Proposes Auctioneers Employment of a licensed auctioneer in an office established in each exchange city to handle the administration of competitive bids for films was proposed to the Federal District Court here yesterday in an amicus curiae brief submitted by Joseph P. Day, Inc., auctioneering company, through attorney Joseph C. Kenny, in the New York case. "The seller," according to the plan, "would offer his product through the local office in each city, together with a list of the exhibitors who, in the opinion of the seller, are qualified to bid. The offer would be made on a form approved by the court and would fix the date and conditions of sale." The auctioneer, the brief states, would fix the hour of sale, advise the trade through "appropriate publication," and also the exhibitors on the distributor's list. Upon receipt of the bids, they would be forwarded to the distributor, who would retain (Continued on page 5) Tell SMPE About Navy Film Saving Hollywood, Oct. 22. — The second day's session of the Society of Motion Picture Engineers' convention here featured a paper by C. R. Sarchet, of the U. S. Navy Photographic Center, on "The Preservation and Postwar Utilization of Navy Combat Film." Sarchet pointed up the means that have been adopted for permanent preservation of all films showing the Navy in action and said the utmost utilization of these films will be made for proper purposes. This evening's session was conconducted at the Paramount Studio, with C. R. Daily, newly elected to the (Continued on page 6) $2,000,000 Film On Lambs' Club Hollywood, Oct. 22.— A. P. Waxman will produce a $2,000,000 picture based on the Lambs' Club, he announced today following receipt of final approval from the organization's executive council in New York. Harry Brandt, president of the New York Independent Theatre Owners Association, and Frank Satenstein will be associated with Waxman in the production, to be filmed in London, New York and Hollywood, Release is undetermined. MOVE TO REPLACE AUCTION SELLING Court Highlights Highlights of yesterday's Federal District court hearing on a final decree in the industry anti-trust suit included the following: Indication from the court that it would approve the sale of a full year's product supply in advance, subject to some conditions. Indication by the Government that it would agree to a 20 per cent cancellation right instead of the 25 per cent it has recommended. Agreement that methods of modifying competitive bidding will be studied, including a compulsory granting of some run by defendant distributors. The Government indicated it would approve an exemption for road shows released through non theatre owning companies. RKO Is Active in Mexico: Rathvon Mexico City's Churubusco film studio, owned jointly by RKO and Mexican interests, headed by Emelio Azcarraga, on a 50-50 basis, is "pretty well complete," except for its 1 a b o r a tory which will be ready in four to five months, N. Peter Rathvon, president of both RKO and RKO Radio, said here yesterday. The studio, • which houses 12 sound stages, 10 of them "as big as any in Hollywood," will be available to both Mexican and American producers, he said, adding that its facilities are booked through next spring. In New York from Hollywood, Rathvon said that Mexico's yield in film rentals to U. S. companies has shown a "great increase" with business picking up further each year. He reported Hollywood product shares (Continued on page 6) N. Peter Rathvon Offer Guaranty of Run Instead; Plan Goes to Exhibitor Groups Today By TOM LOY A proposal that auction selling possibly be replaced by an injunction against arbitrary refusal to grant some run was made to the three-judge statutory court here yesterday by the five theatre-owning defendants in the industry anti-trust suit. Disputes arising under this provision, if it should be' written into a final decree, might be settled through "continuation and expansion" of the existing arbitration system, according to Whitney North Seymour, Paramount counsel, who outlined the plan at the close of the first day of discussion of the distributors' and Government's decree drafts in U. S. District Court. Judge Augustus N. Hand, presiding at the hearing, suggested that the defendants discuss the proposal today, when there will be no court session, with counsel for the various exhibitor groups which presented intervention and amicus curiae petitions on Monday. The judge indicated that the court might consider the idea if the indepependent theatre men find it acceptable. A report will be made (Continued on page 5) Decision Reserved In 'Outlaw' Case Decision was reserved here yesterday on United Artists' motion for a mandatory injunction compelling Harry Brandt, operator of the Gotham and Globe Theatres, on Broadway, and Arthur Mayer, operator of the Rialto, to comply with contracts for exhibition of "The Outlaw." The case is before Justice Carroll G. Walker in New York State Supreme Court. The three theatres had cancelled "The Outlaw," scheduled to open Saturday, on "moral grounds." The court session yesterday was highlighted by submissions of a brief by Dan Rosen, New York City Corporation Counsel, and affidavits by License Commissioner Benjamin (Continued on page 6)