Motion Picture Daily (Jul-Sep 1954)

Friday, July 23, 1954 Motion Picture Daily 5 NYC Papers Reject Big 'Trench'' Ads The New York "Times" and New York "Herald-Tribune" rejected large display advertising of the scantily clad figure of Jane Russell in her dance posture in "The French Line" heralding the opening of the film in subsequent run houses in the Metropolitan area. The ad copy prominently featured the catchwords: "That Picture" and "That Dance." Other New York newspapers carried the large display ads placed by RKO Radio on a cooperative basis. The "Times" and "Herald-Tribune" accepted small ads on the film, using only a head-and-shoulders photo of Miss Russell. Newspapers in other sections of the country, notably Chicago, also have refused the "French Line" advertising. Meanwhile, Catholic clergymen and members of their parishes in Greenwich, Conn., picketed the Pickwick Theatre there which opened "French Line" Wednesday for a three-day run. Prior to the opening, Rev. Michael J. Guerin asked Neil Welty, manager of the Pickwick, to cancel the booking, but Welty refused. The pickets carried cards describing the film as "moral filth" and "spiritual polio." Enjoin City on Tax (Continued from page 1) Columbia {Continued from page 1) and His Brethren" is regarded by Columbia as its most important picture. Location scenes have been made in Egypt. This, too, will be in CinemaScope. Now in release are "The Caine Mutiny," "Hell Below Zero" and "Indiscretion of An American Wife." Ready for early release are "On the W aterfront," "Three For the Show," "Phffft," "The \'iolent Men," "Pushover," "Three Hours to Kill," "The Black Knight" and "Human Desire." In production are "Joseph and His Brethren," "The End of the Affair" and "Price of Gold." In final planning stages are "Picnic," "The Man From Laramie," "Two Girls. From Ohio," the latter a musical version of "My Sister Eileen," and "Pal Joey." Listed among directors on the Columbia roster are John Ford, Edward Dmytryk, Mark Robson, H. C. Potter, Anthony ]\Iann, Elia Kazan, Alfred \Verker. Rudolph Mate, Fritz Lang and, from Italy, Vittorio de Sica. Independent producers "contributing to the program are Stanley Kramer, William Goetz, Sam Spiegel, Harry Joe Brown, Irving Allen, Albert Broccoli and David Rose. Contract stars in the lineup include Judy Holliday, Van Johnson, Glenn Ford and Janet Leigh, while independent stars are Humphrey Bogart, Jose Ferrer, Fred MacMurray, Betty Grable, the Champions, James Stewart, Tyrone Power, i^Iaureen O'Hara, Marlon Brando, Alan Ladd, Jennifer Jones, Montgomery Clift, Deborah Kerr, Gloria Grahame, Broderick Crawford, Barbara Stanwyck, Edward G. Robinson and Richard Widmark. Censor *War' (Continued from page 1) liminary to what is expected to be a major battle in next year's General Assembly between forces fighting for tight censorship and those urging limited authority by the censors. Traub and his followers, however, are trying to salvage the right to outlaw a picture on the grounds that it is "immoral" or will "incite to crime." This right was put under a cloud early this )'-ear by Supreme Court decisions which have received various interpretations. It was admitted yesterday by Traub that Maryland's present law provisions are too vague. Eady Levy Fight (Continued from page 1) in the _ House, of Commons today, Peter Thorneycroft, president of the Board of Trade, said : "We have arranged for a letter to be sent from my department to the associations concerned saying, "I assume that in default of their reaching an early agreement among themselves that they will ;, .proceed to arbitration on the matter in dispute." The trade here interprets the Board's stand as throwing the ball back to the trade, especially the producers. B14 Shorts Produced ^ OTTAWA, July 22.— The Canadian government reports that 314 of the theatrical and non-theatrical shorts rof five minutes or longer produced during 1953 were in English, 131 were French and 16 in other languages. The other 75 were silent films. five per cent limit set by the state enabling act will be eliminated. Up to now some prices have yielded a tax fractionally in excess of the legal five per cent. All of the original allegations against the city filed by the five Queens houses on July 8, including violation of the state enabling act, will be brought before the Supreme Court in the September trial, Bress said. Violates Three Laws The other alleged violations of three respective city, state and Federal laws are : Section B32-S,0, of the Administrative Code of the City of New York, dealing with theatre license, which the plaintiffs declare is in direct violation of 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. The remaining two allegations declare the city tax in violation of provisions outlawing discriminatory taxation in the Federal and New York State Constitutions. Stanley Buchsbaum, New York City assistant corporation counsel, yesterday said he is weighing the possibility of filing a notice of appeal to the Appellate Division, second department, "depending on what the court does Monday." Section 571 of the Civil Practice Act, city attorneys feel, provides the city with an opportunity of continuing collection of the full tax, even in the face of the imposed injunction. Under the law, the mere filing of an appeal would "stay the injunction" or permit the city to continue collecting the full tax pending the appeal, attorneys said. Hov\'ever, legal opinion is divided as to whether the mere filing of a notice of appeal by the city would stay the injunction. Judge Pette's decision said : "The Federal Government has recognized the economic straits in which theatres and cinema houses are now placed and has reduced the Federal tax from 20 per cent to 10 per cent. These arguments which bear on the wisdom of the legislation rather than upon its legality are nevertheless important considerations for requiring the city to adhere rigidly to the authority un der which it may levy the tax. "In view of these circumstances, that portion of the law respecting a fraction of a cent whereby a tax in excess of five per cent is levied on certain admission charges, must be declared illegal," the judge's opinion stated. It continued : "The local law contains a separability provision (section G 46-22.0) which provides that if any part of the law is held involved, the remainder shall not be effected thereby.^ "Under these circumstances, a temporary injunction will be allowed herein restraining the defendants from collecting fractional parts of a cent to the extent that such collection imposes a tax in excess of five per cent." "Thus, the tax on an 11 cent admission charge computed at five per cent is slightly more than one half cent," the court said. A one cent tax on an 11 cent admission charge "is slightly more than nine per cent, and is thus in excess of the five per cent tax authorized by the enabling act," it added. Specifically Prohibits Tax "The enabling act under which the city has enacted this tax specifically prohibits a tax in excess of five per cent. To the extent that this system respecting fractions exceeds the authority granted by the enabling act, it is illegal," the court declared. William Friedman, spokesman for Edward C. Raftery, attorney for the plaintiffs, called the ruling a victory, "considering the mountain we had to crawl over" to get it. "It is as much as the industry hoped for," Friedman said. In a late development in the tax picture the Board of Estimate voted a $209,160 appropriation yesterday to 70 new jobholders who will help collect the five per cent tax. They will work for the Department of Finance. 'Obsession^ Here Aug. 4 "Magnificent Obsession," UniversalInternational's Technicolor film, based on the Lloyd C. Douglas novel and starring Jane Wyman, Rock Hudson and Barbara Rush, will have its New York premiere at Loew's State on Aug. 4. WB Sales Meet (Continued from page 1) Cry." Pictures now before the cameras are "Helen of Troy," "The Silver Chalice," "East of Eden," "Drum Beat" and "Track of the Cat." Home office executives accompanying Kalmenson to the west coast are Major Albert Warner; Samuel Schneider, vice-president ; Wolfe Cohen, president of Warner Brothers International ; Roy Flaines, Western division sales manager ; Jules Lapidus, Eastern and Canadian division sales rnanager ; John F. Kirby, southern division sales manager ; Norman H. Moray, short subjects general sales manager ; Ed Hinchy, playdate department head; Bernard R. Goodman, coordinator of field sales activities ; Robert A. McGuire, auditor of exchanges, and Howard Levinson, legal department. Also attending the meetings will be Mort Blumenstock, vice-president in charge of advertising and publicity. District managers attending include Norman J. Ayers, Eastern, New York; William G. Mansell, Central, Philadelphia ; Robert H. Dunbar, Midwest, Chicago ; A. W. Anderson, North Prairie, Minneapolis ; Hall Walsh, South Prairie, St. Louis ; W. O. Williamson, Southeast, Atlanta; Ed Williamson, Southwest, Dallas; Henry M. Herbel, West Coast, Los Angeles ; Haskell M. Masters, Toronto, and Robert Smeltzer, Washington. Arnall (Continued from page 1) nail said. "We just want to know whether the granting of subsidies is legal or illegal, proper or improper." Arnall said that he had received an answer to his complaint from Bernard B. Smyth, chief of the FTC's Export Trade Division, who said that his unit would give the complaint its fullest consideration. Arnall said that Smyth also informed him that a meeting would be set up at a later date with Arnall and members of Smyth's staff. Cinerama to Elect Directors Aug. 11 Election of directors of Cinerama, Inc., is the principal item on the agenda of the company's annual stockholders meeting scheduled for Aug. 11 in Oyster Bay, L. I. Candidates for board membership are Hazard Reeves, president and director ; Harry Kalmine, vice-president of Stanley Warner and also a director; Edward Otis, vice-president of Gearhart & Otis, and Sidney Wolf, president of MicroWave Services, both directors. A new candidate will be nominated to fill the vacancy left by the death of Joseph Bernhard, a Stanley Warner executive. In a message to stockholders. Reeves reported that a ■ promissory note to Stanley Warner for $600,000, payable July 3, had been reduced by 50 per cent, with the balance extended, payable $150,000 on July 3, 1955, and $150,000 on July 3, 1956. The letter also revealed that the corporation's accounts with Cinerama Productions Corp. are in dispute and that it may be necessary to submit the matter to arbitration. The issue involves claims aggregating $205,739 against the company.