Motion Picture Daily (Apr-Jun 1952)

Wednesday, April 2, 1952 Motion Picture Daily 5 Holds Obsolescence, Not TV Closed Chi. Theatres 'Red' Charges {Continued from page 1) spokesmen for the House Un-American Activities Committee was equally remote. However, he emphasized, "Nothing is in the works on any such meeting now." Legion Says No New Film Meets Planned No further meetings with industry officials are planned by the American Legion to discuss the organization's criticism of employment of suspected Communists in Hollywood "unless we are approached for such a meeting again," James F. O'Neill, public relations director for the Legion, said on his return here yesterday from Monday's Washington meeting with the Motion Picture Association of America board. O'Neill said he had nothing to add to the MP A A statement which described the Washington meeting as an exchange of views and a discussion of the industry's policy of non-employment of known Communists and the problems it has encountered in connection therewith. Donald R. Wilson, national commander of the Legion, went to Cleveland from Washington and will be away from New York until April 22, fulfilling speaking and meeting engagements. Efforts to reach him yesterday for comment on the Washington conference were unsuccessful. Also discussed at the Washington meeting was the recent report of the House Un-American Activities Committee which criticized the industry for alleged laxity in ending the employment of Communists in Hollywood. There was, however, no indication that the industry will seek a meeting with the committee, as suggested recently by Rep. Clyde Doyle, one of its members. Complete UA Audit (Continued from page 1) Charles Chaplin, UA co-owners, the audit was expected to show a profit for the last year of more than $500,000. The new management took over in March, 1951, at a time when the company was devoid of product to distribute. The agreement with Miss Pickford and Chaplin gives the KrimBenjamin-Fox group management control of UA for another nine years, as a further regard for the profitable results of 1951 operations. Oregon Exhibitors Fight City Levy Eugene, Ore., April 1. — An ordinance enacted by the City Council imposing a tax of three per cent on admissions charged by theatres of this city for the past two years, has been attacked as unconstitutional by the theatres, in arguments before the Supreme Court. Revenue raised by the tax, it was argued, is grossly in excess of any reasonable cost of regulation. Attorneys representing the theatres told the court that the ordinance is not a regulatory measure but a revenue measure and as such is entirely beyond the power of the City Council under its present charter. Validity of the ordinance was upheld by Judge G. F. Skipworth of Lane County Circuit Court and the theatres have now appealed to the Supreme Court. Obsolescence or "improper management" closed more theatres in Chicago in the past four years than did television, Sindlinger & Co., business analysts of Ridley Park, Pa., states in a current report based on its own survey of the Chicago theatre market last year. The report estimates that 260 theatres are operating in Chicago this year compared with 410 in 1948, the pre-television year. Average weekly gross this year will be $2,440, compared with $2,349 for the larger number of theatres open in 1948. "It is obvious," the Sindlinger report .states, "that with 25 per cent of the (Chicago) theatres averaging about $700 per week (in 1948), there was little left to provide service, surroundings and product to even meet the competition of other theatres, let alone the convenience of TV. "Actually, 103 Chicago theatres were really 'out of business' in 1948, before TV. TV was only the straw that broke their backs. Our analysis of the Chicago closed theatres is that most of them either wore out, decayed, were improperly managed, were located in changing neighborhoods, or economically had no right to operate for many years. "Actually," the report concludes, "the closing of 33.3 per cent of Chicago's theatres was good for the public, as well as for the industry." The report estimates that the 410 Chicago theatres operating in 1948 grossed $50,090,000, and that the 260 estimated to be operating this year will gross $33,000,000. The average weekly gross per theatre this year, therefore, will be an estimated 3.8 per cent higher than in 1948. Sindlinger was retained by Paramount Pictures last year to make a study of the operation of the Phonevision test in Chicago. Joseph Heppner (Continued from page 1) politan and subsequently acquired control. His association with Metropolitan was interrupted only twice. He served on a special assignment with the Hal Home Organization in connection with Walt Disney's "Fantasia" and other films. In World War II, he spent three years in the Air Force Training Aids Division. He is survived by his widow, Jane ; two children, Mary Jane, 3, and Peter, 1 ; a brother, Kaskel ; a sister, Beatrice, and also a niece, Joanne Heppner. The body will repose at the Campbell Funeral Church, Madison Avenue and 81st Street, until 2:00 P.M. today. Legion Places One In Class C, 6 in B The Legion of Decency has placed "The Thrill That Kills," Distinguished Films, Inc., in Class C (condemned) and six films in Class B. The latter are : "Carrie," Paramount ; "Deadline — U.S.A." and "Down Among the Sheltering Palms," 20th Century-Fox; "Macao," RKO Radio; "Saturday Island," United Artists, and "Singin' in the Rain," M-G-M. File High Court Brief on 'Miracle' Washington, April 1. — "We cannot gauge the damage caused by the censorship of motion pictures, but we may be certain that the great promise of the medium will not be fulfilled until it is free of the restraints of state licensing statutes," the Supreme Court was told today. The statement came from Joseph Burstyn, Inc., in appealing court decisions upholding the New York State Regents' ban on showings of "The Miracle." The company filed today the brief on which it will be base its oral argument to the court when the case comes up for hearing some time during the week of April 21. The brief, prepared by Ephraim S. London, attacked the New York State censorship law on four grounds : alleging it imposes an unconstitutional restraint on freedom of expression ; that it is so vague it amounts to deprivation of rights and property without due process of law ; that it violates the constitutional guaranty of separate church and state ; and that it violates the constitutional guaranty of freedom of religion. The brief denied that uncensored films present any special problems, pointing out that only six states and some 50 cities have censorship statutes. Moreover, even in these places, unlicensed films still can be seen over TV, it pointed out. "No factual basis has ever been presented," the justices were told, "for the statement that unpurged films create a clear and present or probable danger to the public welfare." The basis for the 1916 Mutual Film case decision upholding state censorship was that films were not a communication medium but rather "mere spectacles intended primarily for entertainment," Burstyn declared. It was said the courts in recent years have repeatedly taken stands in the other direction, and "the Mutual Film case should be relegated to the history shelf." Drive-in Building (Continued from page 1) ern half of the area involved is "practically blank" when it comes to small town drive-ins, and he predicted the outdoor stands would soon "dot the horizon wherever the traffic will bear the operation." It was also pointed out that the government is lessening controls on scarce materials needed for drive-ins. WB Making Arctic Air Force Film Hollywood, April 1. — The filming of an Air Force polar-cap story, "The Top of the World," will start shortly, it was revealed here today by Jack L. Warner. Director Felix Feist has been close to the North Pole for two weeks with an advance shooting crew, and stars Frank Lovejoy and Steve Cochran are standing by. To be produced by Robert Sisk, the film will be made in cooperation with the Department of Defense. Reelect Yates (Continued from page 1) ers meeting, at which 1,359,039 shares out of 1,817,860 outstanding were represented either in person or by proxy. Other officers reelected by the board include Grainger, Walter L. Titus, Jr., John J. O'Connell and Arthur J. Miller, all vice-presidents ; John Petrauskas, Jr., treasurer ; Joseph E. McMahon, secretary; Richard S. Rodgers and Harold Lange, assistant treasurers ; Albert E. Schiller and Ira M. Johnson, assistant secretaries, and H. J. Glick and Gordon T. Kay, assistant secretary-treasurers. Reelected by the stockholders to a three-year term on the board were Petrauskas ; William Martin Saal, executive assistant to Yates ; Douglas T. Yates, vice-president of Republic International, and Edwin Van Pelt. Completing the board are: Herbert J. Yates,. board chairman; Richard W. Altschuler, Grainger, Albert W. Lind, Miller, Harry C. Mills, O'Connell, Frederick R. Ryan, Leon A. Swirbul and Titus. Japan Will Import (Continued from page 1) to be imported during the coming six months gives the U. S. 78, United Kingdom 7, France 6, Italy 2, and one each from Western Germany, Sweden, Mexico, Australia, Denmark, Austria, China, Argentina and South Africa, with two features held in reserve for contingencies. Golden said the new quota is equal to one-half the number of Japanese features released during the calendar year 1951, but emphasized that "there is no commitment that the same criterion will be continued for the second half of fiscal 1952-53." No definite quotas for short subjects and newsreels have been set, Golden said, adding that it is expected such quotas will be at least as great as the quotas for the past year. U. S. film companies complain that the new procedure, providing a quota for only six months ahead, creates uncertainty, inconvenience and extra expense, the film official stated. U. S. films are enjoying increasing popularity in Japan, according to Golden, accounting for 40 per cent to 45 per cent of total box-office receipts. He said the trade believes the percentage would be even higher if more U. S. films could be imported. Mayer Leaving (Continued from page 1) board of governors, to be named by member organizations and to serve until the next meeting of the board, is being held in abeyance. The proposal met with initial approval but one member organization opposed it while the pending presidential possibilities remain to be considered, thus shelving the plan for the time being. No successor to Mayer has been chosen as it was the plan of the last board meeting to leave the selection largely to the new COMPO president. Mexican Tax Reported Mexico City, April 1. — Exhibitors here have heard that the federal government plans a 15 per cent yearly tax on theatres to provide funds to build more public hospitals. Some exhibitors say that the impost would drive them out of business.