Motion Picture Daily (Jan-Mar 1951)

8 Motion Picture Daily Monday, February 19, 1951 Raw Film Chemical Exports Controlled Washington, Feb. 18. — In another government action to conserve supplies of methylene chloride, chemical solvent esential in the making of motion picture safety stock, the Commerce Department has placed it on the socalled "positive" list of export commodities. This means a government license will be required for shipments of more than $500 of methylene chloride to any foreign country, except Canada. The Griffith Case (Continued from page 1) attorney said, "we lost in Oklahoma City. But we're not appealing for two reasons. In the first place, Vaught's findings-of-fact were so adverse to us that we don't think we could get the Supreme Court to look at the case again. It's not too hard to get an appeal taken on grounds of interpretation of the law, but it's awfully hard to get the Court to take a case when the findings of fact are so against you. "Secondly, a lot of the urgency for winning the case is gone in view of the changed competitive situation created in the industry generally by our success in the Paramount case. The Griffith case has just become pretty stale." Another Justice Department spokesman agreed. "The suit wasn't successful," he said, "but the situation in the industry is so different because of the New York court decree that success in the Griffith case now isn't as important as it would have been in 1939, when we brought the suit." Revoke 'Miracle' License (Continued from page 1) Change-of-Venue (Continued from page 1) man, against eight major distributors and the Interstate and Texas Consolidated circuits. The suit was filed in Delaware, and the defendants asked for a transfer to Texas on the ground that the latter was more convenient. Judge Rodney found that five of the "defendants could not be sued in Texas and therefore he lacked the power to transfer. The distributors and the two circuits appealed to the Third Circuit Court of Appeals, which overruled Rodney, declaring the suit could be transferred providing the defendants which could not be sued in the other district agreed to allow themselves to be sued there without raising the legal question. The five defendants referred to are RKO, Paramount, Warner, 20th Century-Fox and Universal. All had indicated they would not raise the legal question if the case were transferred to Texas. The Tivoli and Adelman last week appealed to the high court to reverse the Third Circuit Court ruling, and were joined by Judge Rodney. An appeal petition by Thurman Arnold, for the plaintiffs, said that all of the legal decisions on the point were confusing and contradictory, and that it was important that the Supreme Court clear up the confusion. The petition further said the present situation allowed great delays, which were unfair to plaintiffs. It pointed out that Tivoli has been attempting to get a ruling in its case for over three years, and that unless the Supreme Court acts, it will have to drag on its fight in the courts for a long time to come. ately in State Supreme Court to obtain a stay of enforcement of the Regents' action revoking the license. There, Supreme Court Justice Kenneth MacAffer denied an application by Joseph Burstyn, Inc., for a stay of the Regents' order pending a review by the courts of the question whether the Regents Board has the power to revoke. A test of the authority of the Regents will be taken to the appellate Division of the Supreme Court as soon as it reconvenes here on March 5. In a two-page decision Justice MacAffer said the petitioner had failed to make a persuasive showing that denial of a stay would result in immediate and irreparable damages. The court said it was passing neither on the question of whether the picture is sacrilegious nor on the authority of the Regents to revoke. (In New York, the management of the Paris Theatre, where the picture has been playing, said it would "comply with any official order" but added "We have to comply with our contract, too. We have an obligation to the distributor." However, the picture was withdrawn from the trilogy.) The question of the legality of the license was put to the attention -of the Regents in several hundred protests that followed an effort last December by Edward T. McCaffery Licenses Commissioner of New York City, to revoke the license of the Paris Theatre. The Regents' action was taken after the full board had seen the film last Thursday. A spokesman for the board said it was the first time the Regents had overruled a decision of its Motion Picture Division. In its decision, the board asserted "As to our power and authority to rescind the license, we unanimously adopt and approve the report of our committee (which made a preliminary finding last month that "The Miracle" is sacrilegious). We recognize that when the Legislature in 1927 placed the Motion Picture Division in the Department of Education, it placed upon us, as the constitutional head of that Department, the responsibility for its proper enforcement. The Regents neither sought nor welcomed such power of censorship. However, in this case, we have a clear and compelling duty under the law to carry out our constitutional authority." Discussing "the priceless heritage of UA Control (Cont'unied from page 1) religious freedom in this country." the Regents said : "The law recognizes that men and women of all faiths respect the religious beliefs held by others. The mockery or profaning of these beliefs that are sacred to any portion of our citizenship is abhorrent to the laws of this great State. To millions of our people the Bible has been held sacred and by them taught, read, studied and held in reverence and respect. Generation after generation have been influenced by its teachings. This picture ('The Miracle') takes the concepts so sacred to them set forth in both the Protestant and Catholic versions of the Bible (St. Matthew, King James and Douay Versions, Chapter I, Verses 18-25) and associates it with drunkenness, seduction, mockery and lewdness. Considered Reports "All members of the Board of Regents present at this meeting and consisting of a majority of the entire Board," the statement continued, "having considered the report of the committee on 'The Miracle' and the affi davits, briefs and other documents filed therewith, and all of such mem bers of the Board of Regents having viewed such motion picture, now after full discussion and deliberation, unanimously find and report that said picture, 'The Miracle', is sacrilegious and not entitled to be licensed under the provisions of Section 122 of the Education Law, and, therefore, it becomes the duty of this board to rescind and cancel the licenses of this picture heretofore issued by the Motion Picture Division of the Department of Education. "Under the laws of our State, no picture (other than some specifically exempted by statute) may be shown unless it first has been licensed and the law expressly forbids the licensing of any picture that is, in whole or in part, sacrilegious. After viewing this picture we have no doubt that it falls in the category condemned by law." The National Legion of Decency some time ago condemned "The Miracle." Cardinal Spellman urged all Catholics to boycott it. The board's action bans the exhibition of the picture throughout New; York State. Ten members of the 13member board voted for the ban. Two members were not present and there is one vacancy. Wright said that Mary Pickford and Chaplin had "expressed complete satisfaction that the legal formalities had been concluded." A new UA board will be elected at a special stockholders meeting in the near future. Miss Pickford and Chaplin, the UA statement continued, "have always felt that an outstanding independent releasing organization was essential to the health of the industry. They have full confidence that under the newmanagement, the great tradition of United Artists will be restored and maintained." Krim is expected to become the new president of UA. Working Capital Walter E. Heller & Co., Chicago, is providing in excess of $3,000,000 for working capital and funds for new production under the Krim-BenjaminFox take-over. Milton Gordon, vicepresident of the Heller Co., conducted the negotiations on its behalf and will act as financial adviser to the new management. Krim met with Gradwell L. Sears, UA distribution head, on Friday but the results of the conference were not disclosed. It was reported^ however, that a settlement of Sears' contract was discussed. The contract expires the end of this year but carries provision for pension payments for 10 years thereafter. Voting trustees for the company will be designated within a day or two. Krim, Benjamin and Fox will designate three, Miss Pickford and Chaplin one each. Kravetz Option (Continued from page 1) Heineman-ELC (Continued from page 1) cover the period until William C. MacMillen, Jr., ELC president, returns from the Coast, where he _ is now engaged in negotiations with independent producers. Should Heineman decide to leave ELC, Bernard Kranze, assistant sales manager, is regarded as a likely successor for the post. Mass. Senate Kills Censorship Measure Boston, Feb. 18.— The Massachusetts State Senate by voice vote has killed Senate Bill No. 473 "an act establishing a board of censors for the Commonwealth of Massachusetts to examine and approve television, radio, motion picture and state shows." Alter 'Outlaw' Title, Court Advises ELC Federal Judge Vincent L. Leibell on Friday took a turn at framing motion picture titles, at a hearing of arguments in RKO Pictures' action against Eagle Lion Classics' picture titled "My Brother, the Outlaw," a Benedict Bogeaus production. "Why can't you find some such title as 'Brother Outlaw' or 'Outlaw Brother?'" the jurist asked defense counsel, indicating at the same time that the court viewed ELC's title as competing unfairly with RKO's title, "The Outlaw," the Howard HughesRKO release. When defense counsel said RKO might object to the use of the word "Outlaw" in a new title, the jurist said he would then have to render a decision, probably this week. It is not the word, but its placement in the title that was questioned. option is separable from those which were held by Paul V. McNutt and Frank McNamee. Asked how many shares were covered by his option, Kravetz replied "Eight thousand." A total of 20,000 UA shares have been issued, and the initial option taken by the Krim-Benjamin-Fox group has been reported to be for 10,000 shares. Asked what he intended to do about his option in light of the Krim-Benjamin-Fox take-over, Kravetz suggested the question be put to his attorney, Sol Rosenblatt. (Rosenblatt could not be reached for comment on Friday, but when inquiry along this line was made of him earlier, he refused to comment.) Kravetz said he obj ected to what he termed an attempt by Mary Pickford and Charles Chaplin, UA owners, to deprive him of the option before its expiration. Chaplin Seeks New 'Star' for 'Limelight' Hollywood, Feb. 18. — Charles Chaplin has announced that he is seeking a "girl between the ages of 20 and 24, who has had stage experience both in dramatic art and ballet" to be featured in his forthcoming production, "Limelight." The announcement, the first official confirmation of reports that he is planning to produce a picture, further states that neither stage nor ballet experience is necessary "if the applicant shows promise of great talent."