Motion Picture Daily (Oct-Dec 1948)

motion Picture Daily Friday, November 5, 19' EK Consent Decree Is Expected Soon Washington, Nov. 4. — Department of Justice spokesman discloses here that a consent decree in its monopoly suit against Eastman Kodak is expected to be announced shortly. Apparently it is all set but the actual signing. The suit also involves Technicolor and applies to the color-film field. Presumably Eastman would agree to make certain patents, which Justice claims gave Technicolor a "stranglehold," freely available to all firms on payment of reasonable royalties, to terminate certain contracts with Technicolor which Justice objects to, and not to discriminate in various other ways. The suit against Technicolor will go to trial, Justice still believes. Ploeser Hearings (Continued from page 1) exhibitors' problems for some time to come. "The committee is intensely interested in the motion picture theatre testimony to date," he said. "It forms one of the major problems arising in our hearings. The pattern of the testimony has been the same. It would indicate clear attempts to 'rig' the market for films by holding them back. "At present, however, the committee has not arrived at any conclusions. It is too early to discuss the question of remedial legislation." The New Orleans hearings will be conducted by Congressman R. Walter Riehlman (Rep., N. Y.) and Wright Patman (Dem., Tex.). James W. Foristel, executive director of the committee, said they will probably be convened in the New Orleans Federal Building. While the committee members are going to New Orleans specially to accommodate the motion picture owners assembling there, the hearing will be open to other than motion picture business. With a general hearing scheduled for Washington, Nov. 15, however, the New Orleans agenda will probably be clear of other business. If, as some exhibitors promise, the divorcement issue is raised in testimony, there is every prospect it will get the green light. To date, it has proved impossible to keep the U. S. Attorney-General's handling of the divorcement case out of the hearings. Owners Complain (Continued from page 1) 16mm. outdoor stands has been confined largely to free admissions for children under 12, which allegedly has meant children under 25 years of age. This no longer holds, with price-cutting being done all along the line. Competitive year-around stands know they can't do anything about exerting pressure on the outside suppliers of 16mm. product for free shows, but they are looking for cooperation from the 35mm. distributors serving regular theatres. North Central Allied has complained to the state fire marshal that some mobile units are not complying with state fire regulations, indicating the exhibitor association plans to attack the "jack-rabbit" drive-ins and fly-by-nights as law violators. New Hearing Asked (Continued from page 1) lumbia and Universal in their efforts "to remain in the business of distributing motion pictures." In asking for the new trial on trade practices, UA cites the number of private anti-trust suits which have "sprung up over the country." The film company thereupon charges : "These suits may well bankrupt the entire industry because of the chaotic confusion created by judicial legislation and uncertain rules of measuring alleged damages in the many reported and unreported decisions in cases brought by the Government against industry and private individuals against industry." UA takes issue with the Government's proposed judgment which, among other things, would place a ban on move-over runs and extended runs so far as all circuits as well as affiliated exhibitors are concerned. UA takes the position that the Government in this instance is endeavoring to effect an order similar to Chicago Federal Court Judge Igoe's decree which limits first-run engagements in that city's downtown area to two weeks with few exceptions. Elaborating on what the company sees as a threat to its entire system of licensing, UA attacks the ban on price fixing as it now stands because percentage selling is what "keeps the distributors in business" and percentage scales are fixed in accordance with admission scales. The company apparently aims to get around this, although it does not expand on its announced intention of offering "a method that will protect the distributor and exhibitor and which will not stop the exhibitor from raising or lowering admission prices" RKO Jackson Park Hearing on Tuesday Chicago, Nov. 4. — Hearing on RKO's appeal to be exempted from contempt charges in the Jackson Park case will be heard on Tuesday in Circuit Court of Appeals here. RKO attorney Miles Seeley will present arguments claiming that the RKO Palace and Grand theatres are separate entities from the distribution company, in which case the two houses should not be restricted to two-week Loop runs under the Jackson Park decree. Tom McConnell, Jackson Park lawyer, is returning from California to oppose the appeal. MacArthur Case (Continued from page 1) arguing that the U. S. Supreme Court decision in the Paramount case outlaws partnership deals such as that in the MacArthur. Attorney Philip Amram, for Stanley, asked dismissal and challenged the right of KB to use the high court decision or any other decision in the Paramount case before the Paramount case is closed. There is no assurance how the New York District Court will rule on the MacArthur partnership, for instance, or on any other partnership, he told the court. Amram mentioned that the proposed RKO consent decree provides for RKO to remain on a non-participating basis on the RKO-Proctor partnership in Newark. Amram argued also that the high court decision simply orders that partnerships be dissolved, legal or not, and that it does not hold deals such as that in the MacArthur case to be illegal. He also raised the possibility that the court might follow the RKO pattern to the extent of chipping Stanley Co. off from the Warner organization and permitting it to operate as an independent circuit. In that case, he said, the MacArthur partnership could be continued. Judge McGuire broke in despairingly several times during the argument to call for settlement of the case by opposing counsel. W.B. Ohio Prices Raised Cleveland, Nov. 4. — Nat Wolf, Warner Ohio zone manager, announces both matinee and evening admissions have been advanced five cents at Warner houses in Sidney, Portsmouth, Mansfield, Lima and at the Variety Theatre, Cleveland. Dismiss SWG Suit (Continued from page 1) man gave the plaintiffs leave to file an amended complaint, and indicated that charges in a new complaint must be shorter and more concise. The jurist ruled: "Enumeration of writings, plays and the like contained in the complaint should be omitted as evidentiary, and also other portions of allegations should be omitted." Judge Kaufman said no other amendment "is specifically directed," however. Thirty were listed as plaintiffs in the suit, and included screen writers and members of the Authors League of America. Named as defendants in addition to MPAA were the Society of Independent Motion Picture Producers, MPAA president Eric A. Johnston, and major producers. 20th, WB File (Continued from page 1) Kirkpatrick to put all pictures up for competitive bidding. Goldman, in Dec, 1946, won a $375,000 damage suit against 11 companies, including Warner and Fox, for conspiracy in violation of the Federal anti-trust laws. He charged then that producers deprived him of first-run feature films for his Philadelphia Erlanger Theatre. Warner and Fox attorneys told Judge Kirkpatrick they want to show their own films in their own theatres. Such action, it was stated, would not conflict with the 1946 decree. Sues Over High License Minneapolis, Nov. 4. — Suit has been brought against the city of Lake Geneva, Wis., by Kenosha Standard Theatre Co., operator of the Geneva Theatre, charging a high license fee has been used as a source of revenue, rather than a levy to cover estimated cost of filing and policing the property. In the suit, a judgment for $1,057 is asked by the company, claiming that amount was paid the city in 1947 and 1948 for license fees at 75 cents each for 705 seats in the Geneva. Wyler Gets Rights Director William Wyler has acquired remake rights of Marcel Pagnol's trilogy, "Marius, Fanny and Cesar," according to an announcement from Siritzky International Corp. Wyler plans to produce the American version of the trilogy. Key City Grosses [FOLLOWING are estimated piA * ture grosses for current engagA ments in key cities as reported b\ Motion Picture Daily corresponcl ents. Estimates omit admission tax. I TORONTO at2 Foggy conditions for several day] brought traffic tangles in and aroun| Toronto and kept people from goinl downtown to the big showplaces, wit J hydro-electric blackouts adding to tbj confusion. Only three theatres werl above average. Estimated receipts fa] the week ended Nov. 4: THE BEST YEARS OF OUR LIVE,! (RKO Radio) — ODEON (2,319) (20c-35c-50ci 60c-70c-80c-$1.20) 6 days, 2nd week. Gross! $14,500. (Average: $16,000) CRY OF THE CITY (20thFox) — EGLINil TON (1,086) (20c-36c-5Oc-66c) 6 days, 2n week. Gross: $5,400. (Average: $6,900) CRY OF THE CITY (ZOth-Fox)— TTVOL (1,434) (20c-36c-50c-66c) 6 days, 2nd weeb Gross: $6,700. (Average: $8,200) AN INNOCENT AFFAIR (UA) — UP TOWN (2,761) (20c-36c-50c-66c-90c) 6 days Gross: $12,100. (Average: $10,600) JULIA MISBEHAVES (M G M) LOEWS (2,074) (20c-36c-50c-66c-78c) days. Gross: $16,700. (Average: $14,200) THE LOVES OF CARMEN (Col.)SHEA'S (2,480) (20c-36c-50c-66c-90c) 6 days 2nd week. Gross : $13,700. (Average $14,700) STATION WEST (RKO Radio) anc VARIETY TIME (RKO Radio) — NOR TOWN (950) (20c-42c-60c) 6 days. Gross $4,000. (Average: $5,000) STATION WEST (RKO Radio) and VARIETY TIME (RKO Radio)— VICTORIA (1,240) (20c-36c-42c-60c) 6 days. Gross: $4,500. (Average: $5,800) STORMY WEATHER (atth-Fox) and A LI BABA GOES TO TOWN (20th-Fbx) -DANFORTH (1,400) (20c-36c-50c-60c) days. Gross: $5,400. (Average: $6,000) STORMY WEATHER (20th-Fox) and ALI BABA GOES TO TOWN (ZOth-Fox)— FAIRLAWN (1,195) (20c-36c-50c-55c) days. Gross: $4,400. (Average: $5,000) THE VELVET TOUCH (RKO Radio)IMPERIAL (3,343) (20c-36c-50c-66c-90c) days. Gross: $16,600. (Average: $14,600) VIGILANTES RETURN (U-I) and CODE OF SCOTLAND YARD (Rep.)— BILT MORE (938) (15c-30c-36c-55c) 6 days. Gross: $4,500. (Average: $4,800) ATLANTA Business is fair at all theatres here with the biggest business grossing at the Roxy. Estimated receipts for the week ended Nov. 3: BEYOND GLORY (Para.)— FOX (4,446) (12c-50c). Gross: $14,500. (Average: $15,000) EL DORADO PASS (Col.)— ROXY (2,446) (40c-76c). Stage show. Gross: $16,000. (Average: $5,800) MOONRISE (Rep.)— PARAMOUNT (2,446) (12c-50c). Gross: $5,500. (Average: $5,800) RED RIVER (UA) — LOEWS GRAND (2,446) (17c-54c). Gross: $16,000. (Average: $15,000) Percentage Audits (Continued from page 1) City, Indianapolis, Memphis, Oklahoma City and Dallas exchange areas. Samuel E. Feldan, also of the Sargoy and Stein staff, will be located this month in the Los Angeles office of the Touche, Niven firm, from which he will supervise auditing operations in the Los Angeles, San Francisco, Portland, Seattle, Salt Lake City and Denver exchange areas. Dostal in RCA Post Camden, Nov. 4. — Appointment of John J. Dostal as field sales manager of 16mm. sound projectors for RCA was announced here today by H. V. Somerville, products manager.