Motion Picture Daily (Jul-Sep 1954)

VOL. 76. NO. 11 NEW YORK, U.S.A., FRIDAY, JULY 16, 1954 TEN CENTS Arnall^ Officers Reelected at Annual Meet of SIMPP HOLLYWOOD, July 15.— The Society of Independent Motion Picture Producers re-elected Ellis Arnall as president and all other officers as well as all members of the executive committee at the society's annual meeting here today which was at tended by 30 SIMPP members. The organization unanimously adopted a resolution commending Arnall for his services as president, and another endorsing the Motion Picture Relief Fund's project for establishing an industry museum. Arnall told the members that he intends to take further action toward obtaining a complete investigation and decisions by appropriate government ofifices on foreign film pacts, despite the reported statement by a Motion Picture Export Association spokesman that MPEA will no longer cooperate with independents in the foreign field. Citing the French pact which, he said, contains a $390,000 subsidy arrangement, Arnall said "legality or illegality, such subsidies must be resolved once and for all." Arnall also reported to the membership on the full year's activities. Executive secretary Marvin Paris of the producers association reported to the 30 members in attendance on his recent tour of Europe in behalf of SIMPP export program. Klune Resigns Fox Production Position HOLLYWOOD, July IS. — Ray Klune, for 11 years executive production manager at 20th Century-Fox studios here, has tendered his resignation effective July 30 after signing a long-term contract as general production manager of Hecixt-Lancaster Productions. Darryl F. Zanuck, 20th-Fox production head, issued a statement regretting the loss of Klune' s services and extended! the production manager "well wishes" in his future capacity. House, Senate Make New Tax Provision WASHINGTON, July 15. — The House-Senate tax conferees decided to make a new corporate tax speedup plan apply only to firms with tax bills of more than $100,000 a year. The original House bill made the plan apply to firms with more than $50,000 of corporate tax liability, but the Senate increased this to $100,000. The conferees took the Senate figure. Under the plan, the large firms would ultimately pay 50 per cent of their tax in the current year, instead of paying entirely in the following 'year as at present. Johnston to Leave For Coast Holiday WASHINGTON, July 15.— Motion Picture Association president Eric A. Johnston will leave here early next week to spend the rest of July and a good part of August at his home in Spokane. MPAA aides said it was possible Johnston would go to Hollywood while on the West Coast. Phila. House Asks Triple Damages in Anti-Trust Action PHILADELPHIA, July 15.— Herbert J. Elliott, owner of the Fern Rock Theatre here, has filed a triple damage anti-trust suit against RKO Radio, Columbia, Universal, United Artists, Loew's, and Paramount, alleging that the defendants are refusing to license pictures for his house on a key run basis but are imposing unreasonable clearances in favor of the Esquire and Bromley theatres. The plaintiff asks the court for triple damages in an unspecified amount and for injunctive relief giving it a key run and restraining the defendants from granting clearances favoring the Esquire and the Bromley. About May 1, 1954, the plaintiff {Continued on page 5) On Major Fractions 5% TAX OVERSTEPS STATE ACT; COUNSEL Meanwhile, Judge Pette Reserves Decision On Injunction Plea to Halt N,Y,C. Levy New York City assistant corporation counsel Stanley Bucksbaum yesterday admitted that the city is overstepping the provisions of the state enabling act in collecting the five per cent amusement tax. The admission of the violation was made at a hear Jos. Bernhard Dies Following Operation; Funeral Rites Sunday Joseph Bernhard, executive of Stanley Warner Corp. and for many years a national leader in the industry, died suddenly yesterday at the Mt. Sinai Hospital, following a recent operation. He was 65 years old. Funeral services will be held at the Frank E. Campbell Funeral Parlor, Madison Ave. and 81st St., at 10 A.M. on Sunday. Interment will be in Mt. Sinai Cemetery, Philadelphia at 1 :30 P.M. Bernhard played a leading role in the real estate business in Philadelphia before he started his varied career in the motion picture industy, having built deluxe theatres in many parts of the city and suburbs. He joined the real estate department of Warner Brothers in December 1930, and two years later was made general manager of Warner Brothers Theatres. Later he became vice president and director of Warner Brothers, Inc., and took a leave of absence in 194243 to do a hitch as a civilian expert for the United States Navy. In 1945 Bernhard switched to pro(Continned on page 5) SALES MANAGERS READY TO MEET WITH ALLIED HEADS A majority of the companies' general sales managers have agreed to meet with leaders of Allied States Association during the week of July 26 to discuss current trade practices and problems, it was learned yesterday. The sessions will be held on an individual basis with each company and probably will be staggered throughout the week. One sales head, Charles Boasberg of RKO Radio, is leaving on vacation on July 23 but has agreed to meet with the Allied representatives at a later date. The Allied delegation will be headed by Abram F. Myers, general counsel, and Ben Marcus, Allied president. Others in the Allied contingent will be Jack Kirsch of Chicago, Nathan Yamins of Fall River, Mass., and Wilbur Snaper of the New Jersey unit. ing before Supreme Court Justice Nicholas M. Pette who had ordered the city to show cause why a temporary injunction should not be invoked against collection of the tax. After listening to both sides present their arguments in a one-and-a-halfhour session. Judge Pette reserved decision on the injunction pending' final deliberation. The hearing , resulted from a suit filed against the city by five Queens houses last week, to have the admissions tax "declared unconstitutional, illegal, invalid and void" and for an "injunction restraining and enjoining them from enforcing the provisions thereof." Bucksbaum said that "there is no doubt that the city cannot tax admissions over five per cent." He was referring to the state enabling act passed in 1947, which empowers municipalities of 25,000 or over to levy an admissions tax "of up to five per cent." The plaintiffs allege, what seems to be their strongest point against the (Continued on page 5) Stress Concessions At TOA Convention The Theatre Owners of America convention in Chicago next November will devote more time to concessions than has given at previous national conclaves. This was indicated here yesterday following a . meeting of TOA representatives and officials of the International Popcorn Association. The preparation of a tentative agenda for the concessions phase of the TOA convention was the principal topic for discussion yesterday. It was decided that the entire TOA membership would be briefed on concessions and meetings held by the I PA and other groups at the Nov. 4 program of the TOA convention. Attending yesterday's sessions were J J. Fitzgibbons, Jr., Thomas J. Sullivan, Nathan Buchman and Bert Nathan, representing IPA, and Lee Koken of RKO Theatres, Carl Siegei of Stanley Warner, Howard Bryant and Dick Pitts, presenting TOA.