Motion Picture Daily (Oct-Dec 1954)

Thursday, November 18, 1954 Motion Picture Daily 3 Fanchon and Marco Appeals Trust Suit To Supreme Court WASHINGTON, Nov. 17. — Fanchon & Marco, Inc., appealed to the Supreme Court a lower court decision throwing out an anti-trust suit it brought against eight major distributors, National Theatres and Fox West Coast Theatres. The suit charged the defendants with conspiring against F & M's Baldwin Theatre by denying it firstrun films. Los Angeles District Court judge Leon Yankwich threw out the suit, and the Ninth Circuit Court of Appeals upheld Yankwich. No 'Conspiracy' Found Both the district and circuit courts held that in denying first-run films to the Baldwin, the distributors had not acted as part of a conspiracy nor had they acted unreasonably, but that each distributor had acted independently and through the exercise of its own business judgment. In appealing" the decision to the Supreme Court, F & M declared it was entitled to a verdict— if for no other reason — on the basis of the findings and decrees in the government's Paramount case. It pointed out that the decrees required substantial divorcement, and that this divorcement had not been carried out in the Los Angeles area at the time F & A! was trying to get first-run films for the Baldwin. Calls 'Time' Only Difference "This case and the Paramount case do not deal with dififerent, but similar, conspiracies and monopolizations, but with precisely the same conspiracy and monopolization," the appeals brief declared. "The only difference between the two cases is a short interval of time, in that this case is a specific instance of the actual operation of the same conspiracy to a single independent exhibitor beginning in 1949, shortly after the decision of this court in the Paramount case in May, 1949, and before the proceedings in the District Court on the mandate of this court in that case had been concluded. A decision precisely the reverse of that of this court in the Paramount case was reached in this case by the District Court." Si Fabian Pioneer of the Year Rank's * Excellency* To Joseph Brenner Joseph Brenner Associates, here, has consummated a deal with the J. Arthur Rank Organization for the national distribution of "His Excellency," which stars Eric Portman, Cecil Parker, and Susan Shaw. "His Excellency" was produced at the Ealing Studios by Sir Michael Balcon. The picture will have its American premiere in New York shortly, it was announced. {Continued from page 1) that necessity will be the mother of invention and we will and must evolve a new set of trade practices, which will be favorable to both the buyer and the seller. "I have great faith in the future of our industry — a vision that a motion picture in a theatre will continue to be the most popular mass entertainment. The theatre screen is still the greatest medium for story-telling that has ever been invented — and I see nothing on the horizon that can surpass it. Must Meet 'Competition' "We have made a great discovery in recent years. We have discovered that technological improvement is as miportant to us as it is to other American industries. And we must inspire and support the continuation of technological improvement to improve our own service to the public and to meet any advances in competing entertainment. "In our time we have worried about many forms of new competition. You remember how radio frightened us. It was supposed to be the funeral of the picture business. And night baseball, and bowling, and household gadgets using up the entertainment dollar ; and the most frightening danger of all, television. The spectaculars ride the airwaves but we can say we have met the best of television — and we are holding our own. "When you look at the many ways in which our beloved country is growing, how can any man lack faith in tomorrow's motion picture theatre business ? Soon we will be a nation of 175,000,000 people — a people with the highest incomes, the most leisure, more literacy, wider education than any land since the world was born. A huge new movie age generation is coming up. Sees 'Golden Age' in Offing "Are we defeatists? Are we pre pared to say that our industry cannot share in this growth, cannot develop the greatest weekly movie audience of all time? I believe we can. Forty years an exhibitor — and I believe the golden era of the motion picture is coming up on the horizon. "To all the sons of the pioneers, I say, soon we will pass on to you and your generation a wonderful indus Thomas to Produce Third Cinerama "Seven Wonders of the World," the third Cinerama feature, will be produced by Lowell Thomas. The announcement was made last night by Thomas at the Motion Picture Pioneers dinner at the Sheraton Astor Hotel here. Plaque Inscription To Si H. Fabian Following is the text of the inscription on the plaque presented to Si Fabian as "Pioneer of the Year" at the annual Motion Picture Pioneers dinner last night: "To Simon H. Fabian for his distinguished personal and public service to the motion picture industry ; for his pioneering contributions to the business of motion picture exhibition; for his leadership in exploring new and exciting mediums through Cinerama; for his inspiration and counsel in industry affairs; for his outstanding position as a major industrialist, but above all for his great and good heart in all humanitarian causes. "The M. P. Pioneers, Inc., on the occasion of his 40th year in the motion picture industry, bestows its highest honor, Pioneer of the Year, at the 16th annual dinner Nov. 17, 1954." try, in many ways, strong, virile and indestructible. Yet, beset by strife, greed, lack of true statesmanship and an unwillingness to recognize the massive inherent strength we possess when we stand together. You come into this industry, vigorous, intelligent, impatient with the old divisions, the old strife. Let the past bury its own battles. You must create in the era of your own leadership a better business than we leave in your hands." 'Ambassador' Murphy Heard As an overture to "The Si Fabian Story," written by Mort Sunshine and narrated by top talent, acting master of ceremonies George Murphy said : "Sometimes I am called the motion picture industry's good-will ambassador. That phrase never had more meaning for me than it does right now. Tonight I am serving as your representative, as are the other stars of stage, screen and television, to express the good-will that this industry feels toward Si Fabian for his substantial contributions to its progress on the occasion of his 40th anniversary in the motion picture in' dustry. This is an industry which he loves and to which he has devoted himself far beyond the call of his own business. He is a true pioneer — still pioneering. For Si, his industry life is just beginning at 40 years." Narration of the Fabian career was begun by ABC commentator John Daly, with Murphy, Walter Abel, Judy Holliday, Van Johnson, Bill Stern and Lowell Thomas each presenting a chapter of the Fabian story. Interspersed were songs by the Deep River Boys, Dore Brooks, Licia Albanese, Judy Johnson, Paula Stewart, Bill Hayes, Dorothy .Sarnoff and others. Started in Paterspn The story of Fabian's career began with the awakening of his father's interest in theatres in Paterson, N. J., at the turn of the century, and the transferal of that interest to the son. In humorous and "kidding" vein the script continued to spin out the Fabian story up to the present, including his recent acquisitions of the Stanley Warner Theatres, Cinerama, International Latex and his role in the formation of Theatre Owners of America and his numerous other industry, patriotic and humanitarian activities. Herman Robbins, president of National Screen Service, as general chairman of the dinner, made the introductory remarks for the evening's program. The induction was by Rabbi B. Birstein. 38 New Members Judge Ferdinand Pecora and Jack Cohn conducted the induction ceremony for 38 new Pioneers. They were : R. W. Altschuler, M. J. Baranco, Bernard P. Brooks, J. Glenn Caldwell, George A. Crouch, Frank J. Damis, Harold Danson, Robert Deitch, Irving Farber, David Fogelson, Harry Goldberg, Edgar Goth, Foster Hathaway, Maurice Henry, Elmer Hirth, Samuel Hacker, A. J. Howard, Arthur Israel, Jr., Jack Judd, Lacy Kastner, Frank Kiernan, Joseph Lefkowitz, Louis Lober, Herman Lorence, Herman Maier, W. Frank Marshall, Howard Minsky, W. Stewart McDonald, Charles McGowan, Charles Oelreich, Matthew Polon, Ralph Poucher, Louis Ribnitzki, Robert Sherman, Charles Smakwitz, Daniel L. Sonney, Johnnie Waters and Anthony Williams. Four Regional Meets Set By Va. MPTO RICHMOND, Nov. 17.— Leonard Gordon, president of Virginia Motion Picture Theatre Association, announced that the one-day exhibitors meeting originally planned for Richmond, on Dec. 8, had been cancelled. To replace this, in an effort to bring every possible Virginia exhibitor into the discussion of conditions and practices now existing in the industry, four meetings will be held throughout the state. The first of these will be at the Hague Club, Norfolk, on Nov. 23, with Sidney Bowden, Norfolk, as chairman. Other meetings will be held at the George Wythe Hotel, Wytheville, Nov. 30, with John Lester, Wytheville, as chairman : Natural Bridge Hotel, on Dec. 1, with Charles Grimes, Washington, chairman, and Jefferson Hotel, 'Scope Impresses Greek Trade Fair WASHINGTON, Nov. 17.— CinemaScope made an impressive performance at the recent Salonika International Trade Fair in Greece, according to a U. S. Information Agency official. Bart N. Stephens, who served as U.S. LA. public affairs officer in Greece, said the film exhibit at the Trade Fair "impressed even the Russians." "We introduced CinemaScope to Greek audiences at a large outdoor theatre which was always filled to capacity," he reported. "We showed American documentaries and films loaned to our program by 20th Century-Fox." Richmond, on Dec. 2, with Sy Hoffman, Richmond, chairman. Both Gordon and Carlton Duffus, executive secretary of the association, will attend all meetings. May Drop Plan to End Loyalty Unit WASHINGTON, Nov. 17.— Rep. Walter (D., Pa.) said he would probably abandon his plans to have the new Congress do away with the House UnAmerican Activities Committee. Walter, who is in line to head the committee, had earlier suggested that the committee be abolished and its Communist-hunting activities transferred to a House judiciary subcommittee. He was here today to discuss the idea with Rep. Rayburn of Texas, who'll be Speaker in the new Democratic House. However, the present speaker. Rep. Martin (R., Mass.) said today he thought most Republicans would oppose the Walter proposal, and Walter later said that he felt this stand of Martin's would force him to give up his plan to abolish the committee.