Motion Picture Daily (Jul-Sep 1952)

Thursday, September 11, 1952 Motion Picture Daily 5 Grand Loses Bid For Extended Runs Ohio Censor Suit {Continued from page t) Chicago, Sept. 10. — The Winston Theatre case, in which RKO Theatres was asking that the Grand Theatre here be exempted from provisions of the Jackson Park decree (limiting "affiliated" theatres two weeks on first run pictures, unless specific exemption was made on a particular picture by the court), was decided against RKO their petition for exemption beingdenied by Federal Judge Michael L. Igoe. The 20th Century-Fox and Warner Brothers petitions for extended first runs on "Snows of Kilimanjaro" and "Miracle of Our Lady of Fatima," respectively, will be heard by Judge Igoe tomorrow. On another legal front, the hearing on attorney Thomas C. McConnell's plea for additional fees covering the period from the time of the Original , decision to the date of the ruling on the defendant's appeal in the Milwaukee Towne case has been put over to Oct. 13. 20th Sets Plan to Promote Art Films A special eight-page manual detailing advertising and exploitation plans for 20th Century-Fox's seven Art Films' color in Technicolor short subjects are now being circulated to theatres throughout the country. A complete theatre campaign, pretested in Allentown, Pa., highlights the exploitation section, which also features tie-ups with schools,, clubs, v civic leaders and others. Thtt nuunial also carries illustrations of the ad mats and accessories available from National Screen Service. Holbrook Bissell Dies in Albany Albany, N. Y., Sept. 10.— Holbrook Bissell, associated with the industry for more than a quarter of a century as salesman, branch manager and screen advertising executive, died in St. Peters Hospital here after a short illness. He served in this city with Columbia and Warner Brothers, having been manager for the former in 1945-46. Bissell also sold film in Buffalo, Philadelphia and Cleveland. UPT 25-Cent Dividend A 25-cent quarterly dividend on the outstanding common stock of United Paramount Theatres, Inc., was announced here yesterday by Leonard H. Goldenson, UPT president. The dividend is payable Oct. 17 to stockholders of record on Sept. 26. Preview for Oil Film There will be a special press preview of "Crossroads, U.S.A.," new film produced at the Columbia Coast studios for the American Petroleum Institute tomorrow at Toots Shor's Restaurant here, followed by a reception. Regis Toomey, Elisabeth Risdon and Darryl Hickman are featured in the film. MGM Buys 'King Arthur' Hollywood, Sept. 10.— M-G-M has purchased "King Arthur and the Round Table" for production. The film will be made in England, with color in Technicolor. Pandro S. Berman will produce. guaranteeing freedom of speech and freedom of the press. "To subject a news reel to our present censorship is of itself a greater evil than the possibility of evil against which the statute was designed to protect," the jurist stated. Dr. Clyde Hissong, director of the Ohio State Department of Education, division of film censorship, said in Columbus that it was the state's plan to appeal the decision after consultation with the Attorney General. Judge Wiley accepted the arguments of defense counsel attacking "vagueness.,of the criteria on which the administrative/ ■'; officials are to act (in their job of Censoring), particularly as applied to newsreels." The Ohio law, he pointed :out,"prp.vides approval for ' ''only such films 'as are in the judgment and discretion of ; the Department of Education of a moral, educational or amusing and harmless character." Finds Judgment Relative "What may appear harmless to one; person may appear ;harmful to another, depending upon the individual's background, education, experience and environment," Judge Wiley stated. "The criteria, therefore, come down to what the particular reviewing board happens to think about the particular picture. The Ohio censorship statutes do not say, as the criminal' statutes do, that only lewd and obscene publican, tions are objectionable." § . "... From a 1952 viewpoint, it appears that self -censorship in the industry has removed much of the possibility for evil that may have existed in earlier years; likewise, the necessity for the use of general terms in censorship statutes to cover unexpected developments is minimized by the actual development pattern of the industry. "It does not follow," Judge Wiley warned," that the constitution requires absolute freedom to exhibit every motion picture of every kind at all times and all places, but nothing was presented to this court to warrant making an exception to the prevailing rule of 'freedom of speech and press.' ". . . Newsreels are an established method of communication of news. No controlling distinction can be made between newsreels and newspapers." Whatever the intention of the legislature was 40 years ago in enacting the first censorship law, amended in 1935, the Judge said, the character of the present statute is such that "it strikes at the very foundation of the freedom of the press by subjecting it to a license and censorship." It is apparent from the language of the law itself, Judge Wiley continued, that the $3 minimum fee for "inspection of newsreels" is not merely a license fee to cover the cost of making the inspection, but is a tax imposed on motion pictures. "It is our opinion that these charges constitute a tax and as such are a form of 'prior restraint' which violates the con stitutional guarantee of freedom of speech and press," he added. "There is no attempt by Ohio to tax other media of dissemination of information in the same manner, such as newspapers, magazines, radio and television. "As a striking example of this discrimination, there was recently shown on the screens in several Ohio theatres the picture of the RobinsonMaxim prize fight by direct television . . . This was not subject to attempted censorship or collection of tax. If the same prize fight had been recorded on film and shown the next day in the same theatres, then the division of film censorship would have insisted on licensing and collection of fees." Charge Is Discriminatory The charge of $3 per film is discriminatory because it "singles out one method of disseminating information against all others, and therefore violates the 'due process and equal protection' clauses of the Federal and State constitutions." The ruling came in a test case instituted by the State Division of Censorship against Martin G. Smith, operator of Toledo's Westwood Theatre. .,. The Motion Picture Association of America and" the Independent Theatre Owners of Ohio, said it would be the first step iri' their drive to have the courts declare the Ohio law unconstitutional. Donald Melhorn, of the law firm of Marshall, Melhorn, Block and Belt, attorneys for Smith, said "We cannot minimize the effect of this decision." ' He added that it would be difficult for the state censor board to enforce the newsreel censorship statute in other cities of Ohio because other municipal courts would dismiss similar cases almost automatically because of the precedent of the Wiley decision. 'La Ronde' Appeal Off to November Albany, \V Y.. Sept. 10.— The appeal by Commercial Pictures Corp. of California from a 3-to-2 decision of the Appellate Division last May, upholding the Board of Regents in refusing to license "La Ronde" on the grounds that1 ■ the ;French-made film is "immoral and wOuld tend to corrupt morals," will not ; be heard at the October term of the. Court of Appeals. Notice of appeals has been filed, but the printed record and briefs have not yet been received by ;, .the state's highest court. This means* the -case cannot be heard before that tribunal next reassembles Nov. 17th. Commercial Pictures has announced, the case would be carried to the JJ. Si*' supreme court, in case of an adverse decision. Decision Momentous (Continued from page 1) newsreels is unconstitutional marks a great victory for those who believe in freedom and democracy. It is a resounding defeat for those who would muffle or destroy free speech and a free press in our country. "I want especially to commend the courageous atcion of Martin Smith of Toledo in bringing about this court test which has turned out so successfully." Reade Sending 15 To AMPA's School A large contingent of Walter Reade Theaters executives and staff members headed by Nick Schermerhorn, circuit general manager, and Paul Peterson, drive-in supervisor, will attend the Associated Motion Picture Advertisers forthcoming course in showmanship and promotion, Walter Reade, Jr., president of the circuit, yeesterday informed Harry K. McWilliams, AMPA president. The Reade group will number as many as 15, and the circuit will bear the tuition cost of all, Reade said. City managers and theatre managers will be among the students. Reade personnel will come to New York weekly from New Jersey and up-state New York cities where the circuit's houses are located. Changes in the employes' working hours will be made to enable them to attend the weekly evening classes which will commence Sept. 25 in the home office screening room of RKO Radio. Albert Floersheimer, Jr., advertising director of Reade Theatres, and AMPA treasurer, has been named chairman of the Oct. 16 class, which will deal with advertising on the local level. The course will run for 12 weeks. TOA's Convention (Continued, from page 1) dio president ; Joseph R. Vogel, Oscar Doob and John Murphy, Loew's Theatres executives ; Walter Griffith, Charlotte; H. F. Kincey, Charlotte; Morris Lowenstein, Oklahoma City; J. J. O'Leary, Scranton ; Leon Bamberger, RKO Radio; Lou Gamble, Milwaukee ; R. B. Wilby, Atlanta ; Morton Thalhimer, Richmond ; M. A. Lightman, Memphis ; H. M. Richey, Loew's; Pete Dana, Universal ; Eddie Aarons, 20th-Fox ; Samuel Pinanski, Boston ; Louis and Meyer Schine, Gloversville ; Robert L. Lippert and Arthur Greenblatt, Lippert Pictures; S. H. Fabian, New York, and T. P. Comerford, Scranton. List D. C. Exhibitors Washington exhibitors who have registered include George Crouch, Orville Crouch, Sidney Lust, Fred Kogod, Harry Bachman, Lloyd Wineland, Frank Boucher, Victor Orsinger, Gerry Wagner, Morton Gerber, and others. Eisenhower (Continued from page 1) Mendel Silberberg of the Hollywood Republican Committee to form the Entertainment Industry Joint Committee for Eisenhower-Nixon. The release described the committee as the "official agency for the collection of funds for the Republican presidential and vice-presidential candidates" and gave the committee's address, phone number, and individual studio committee chairmen. Although ■ top 7'-" executives in studios, talent .groups, unions and other groups often have taken a leading part in political campaigns, this is the first time any frankly political fund-raising machinery has :been setup in the studios. Reopen in Louisville Louisville, Ky., Sept. 10.— Jack and Vernon Powell have reopened the subsequent run neighborhood Air-Way Theatre here, acquired recently jffom Switow Amusement Co.