Motion Picture Daily (Jul-Sep 1954)

Friday, July 16, 1954 Motion Picture Daily 5 N.Y.C. Tax Oversteps {Continued from page 1) tax to date, that certain admissions are taxed by as much as six and two thirds per cent. Edward C. Raftery, attorney for the plaintiffs, cited the fact that lowest admission prices are the ones "being hardest hit." The city tax is "clearly beyond the enabling act as passed," Raftery told Judge Pette. The plaintiffs' arguments were narrowed down to alleged violations of three state and city laws. They are the enabling act, a section of the City Administrative Code and the State Constitution. Raftery said the section of the Administrative Code, B32-S-0, dealing with theatre licenses, is iu direct conflict with the tax law. The code states that a misdemeanor is committed if a theatre charges more than the fixed admission price plus a Federal admissions tax. In this case, Raftery said, theatre employes as well as owners are subject to court action for committing a misdemeanor. He added that licenses can be revoked for the violation. "If an employe sells tickets of this kind, he and the owner can be convicted of a misdemeanor," Raftery asserted. He called the situation "wholly irreconcilable." Raftery summed up exhibitor arguments by saying "we either violate one or the other, if we try to live up to both." In another allegation, he said the current tax is in violation of a provision in the state constitution restricting abusive taxes. The exhibitor argument pointed out that "the state enabling act had been legislated into law seven years ago when the film industry was in good condition. However, the advent of free television and the increase in number and amount of taxes paid by exhibitors in New York City constitute an "abuse" in the levying of the new tax, the attorney said. Thomas Bress, attorney for Loew's Theatres, told Judge Pette that "execution of the enabling act now, seven years after it was passed is an abuse." The industry is in a "faltering position" these days, he said. Bucksbaum emphasized that the state enabling act "said nothing about a major fraction provision." He said "it has been the custom" in New York City to employ the "major fraction" method in all forms of business and banking. The city "had no alternative," Bucksbaum said, although the decision "was an onerous one." He did name an alternative, however. It would entail issuing "tokens or stamps" to cover the fractions resulting from collection of the tax. The city is empowered to employ such a system, Bucksbaum stated, but the current system is not "a clear violation of the enabling act" although in some cases, "it does overstep it," Bucksbaum stated. He said the city "has no intention of destroying the tax." This is a matter for the legislature, "not the judiciary," the city attorney concluded. In rebuttal, the attorneys for the plaintiffs said that if it is a matter of using tokens or stamps, they would do it. If the injunction is invoked, "we will return the money to patrons," they promised. They said exhibitors could hold the money "in trust" and advise the public to keep their ticket stubs for possible refunds should the tax law be revoked. $23,000 to Clinic Of New York V£, A gift of $6,000 yesterday brings to s-23, 000 the year's total given to the N. Y. Variety Club Clinic for Children with Epilepsy at the ColumbiaPresbyterian Medical Center by the Variety Club Foundation to Combat Epilepsy. William J. German, president of the Foundation, made the presentation to Dr. H. Houston Merritt, director of Neurological Service at the Medical Center. An additional $7,000, according to German, has been expended in the past year on the Institute's public education services, vi'hich are designed to bring about a better public understanding of epilepsy. Mirisch to England For Huston Meeting HOLLYWOOD, July 15.— Allied Artists vice-president Harold J. Mirisch will sail for England on Atigust 6 to confer with producer John Huston on plans for filming the latter's first picture for the distribution organization, "Man Who Would Be King." Phila. House {Continued from page 1) alleges that it took possession after termination of the Stanley Co. lease and renovated and modernized it, installing CinemaScope equipment. $32,000 for Cinerama In 3rd Cinci, Week CINCINNATI, July 15. — Cinerama,, which opened here as the 12th link in the nationwide chain, is building steadily, with an estimated third week gross of $32,000. The Capitol Theatre, an RKO operation until the circuit disposed of the house under the Government consent decree, is scaled at $1.20 to $2.60. Seating capacity has been reduced from the original 2,000 to 1,375 in the remodeling program at a reported cost of $250,000. Delay Drive-in Opening HARTFORD, July 15.— Connecticut's newest drive-in venture, the $125,000 East Hartford Drive-in, slated to open tonight, will now have its premiere early in August. Bernhard {Continued from page 1) duction, becoming the president, treasurer, and co-founder with Milton Sperling of United States Pictures, Inc. Resigning from this company in 1947, he became president of Film Classics. In the next year he was elected president of Cinecolor Corp. S-W Consultant In January this year, Bernhard joined Stanley Warner Corp. as consultant on management relations for the company. He is survived by his widow, Mrs. Florence Bernhard, four sons, Maurice, Jack, Robert and Louis and -six; grandchildren. Company Dividend Payments Increase WASHINGTON, July 15.— Publicly reported cash dividend payments of film companies in April and May were well aheaede of last year, the Commerce Department said. Dividends in April were put at $1,241,000 compared to $1,216,000 last April. May dividends this year were well ahead of last year, the $846,000 last May. Walter Wright Dies ATLANTA, July 15. — Walter Wright, special representative of the Curtiss Candy Co. here, died on way to his East Point, Ga., home after attending the annual Southern Wholesale Confectioners convention in Florida. HERE'S SOUND ADVICE! If the confusion that surrounds the various sound systems being offered today has delayed your decision on just what you should install in your theatre, consider these facts : Three of the majors — M-G-M, Paramount and Warner Brothers — have already announced that all future productions will have Perspecta Stereophonic Sound. Other studios are following their example. Why has Perspecta Stereophonic Sound been chosen as standard — a standard certain to remain for years to come? For three very good reasons: 1. The movie industry wants to make money. To do this they know they must keep your box-office busy. Perspecta Stereophonic Sound will do just that by giving the movie-going public the dramatic realism they want. 2. Perspecta Stereophonic Sound is a system every movie exhibitor can afford to install. 3. Perspecta Stereophonic Sound Track operates identically with the optical sound track you've been using for years except for the inclusion of three low-level, loiv-frequency tones "heard" only by the Integrator, ivhich automatically controls volume and direction for true stereophonic effect. The Perspecta Stereophonic Sound Integrator, design-engineered by Fairchild, makes this system available to you at a price you can afford. Only one Fairchild Integrator serves all projectors in the booth — controls Perspecta Stereophonic Sound through any 3-channel sound system of standard make. And projector modifications are not required. Call, wire or write now for full information on your specific theatre sound problem. RECORDIHG, EQUIPMENT" MOTION PICTURE SOUND DIVISION • WHITESTONE 57, NEW YORK Review "Dawn at Socorro" ( Universal-International ) HAVING the names of Piper Laurie and Rory Calhoun for theatre marcjuees enhances this Western which follows familiar plot lines and characterizations. Expert camera work and deft editing contribute excitement to a stud poker game and a gun duel in the final minutes. During the fight the camera pans high and low to encompass a sequence of scenes for a collective effect. But unfortunately, a routine, somewhat confused story and the absence of any outstanding performances leave the picture in the realm of the ordinary. It is in color by Technicolor. On the coach to Socorro, Brett Wade (Rory Calhoun) falls in love with Rannah Hayes (Piper Laurie), unjustly labeled "Jezebel" and who has been turned out of her father's home. She plans to be a Socorro saloon girl in Dick Braden's (David Brian) Big Casino. Tired of his life of dissipation plus the misery of an old lung wound, Brett hopes for a peaceful future. He is leaving Lor'dsburg where he sided with the McNairs against the Ferisses in a stockyard gun battle. Traveling companion is Jim Rapp (Alex Nicol), the Ferisses' friend and Brett's enemy. Sheriff Cauthen (Edgar Buchanan), aware of the Brett-Braden hatred plans to meet Brett at Socorro and put him on the 6 A.M. train to Colorado Springs to avoid trouble. The rivals tangle. Later, Brett bets his fortune against the casino and for Rannah's love, and loses. At the station, Rapp fires at Brett and is killed. Braden goes, too. On the train, Brett is joined by Rannah, who offers him her bottle of lung tonic and her love. The film was produced by William Alland, and directed by George Sherman from a screenplay by George Zuckerman. "Running time, 80^4 minutes. General classification. For release in September.