Motion Picture Daily (Jul-Sep 1955)

Thursday, July 14, 1955 Motion Picture Daily 7 Schimel (Continued from page 1) Schimel, Universal's general counsel, who was testifying for the bill as chairman of the law committee of the Motion Picture Association of America, Celler declared it is already "a Herculean task" for a small businessman to bring an anti-trust suit against a large corporation. Large business has a battery of legal talent at its disposal, Celler said, and, in addition, can afford to wait out the time it takes a case to come to judgment. "If you are going to make it more difficult," Celler told Schimel, "I, for one, would raise objections." Rebuttal by Schimel Schimel replied that 90 per cent of anti-trust cases today are brought after the Government has won an antitrust case in an industry. "That's what Congress intended," Celler said. He told Schimel he had been on the judiciary committee for 25 years and had only heard complaints about mandatory treble damages in the last few Congresses. "The only ones who made the outcry are the motion picture people," he said. "Since 1946," Schimel declared, "we have had between 750 and 1,000 anti-trust cases. If our experience is of benefit to the industrial and economic community at large, we see no objection to presenting it at the proper places." Celler Concurs Celler said he didn't see any objection, either. He suggested that perhaps there hadn't been "much enforcement" of the anti-trust laws until recent years, and that "when the Government cracked down," private citizens followed. "It's too difficult," he said, "for a private citizen tc bring a suit without the advantage of a Government suit." Early in his testimony Schimel stated that there has been a turning point in the award of damages. Since the Bigelow case, he declared, "the damages which have been awarded have not been the actual damages suffered by the plaintiff but in most of those cases have been highly speculative damages." In his prepared statement, Schimel said that as a result of the Paramount decree and the mandatory treble damage provision, "anti-trust litigation in our industry has become a form of prospecting for gold," and that "substantial damages judgments have been awarded in cases having no relationship to the actual wrong done." He declared that "serious questions of statutory construction" are raised by the use of the word "willful" in the proposed bill, which says that if the court finds a willful violation of the anti-trust laws it must award treble damages. Schimel wanted to know if "willful" would mean that the defendant "intended what he did" or that he intended "to do wrong." He also wanted to know whether the question of "willful" violation should be settled by the jury on the basis of fact or by the judge on the basis of law. At one point, Schimel referred to testimony given to the committee last week by Abram F. Myers, who spoke against the bill for Allied States As To Catch A Thief (Continued from page 1) inspector in Hitchcock's "Dial M — ," is adroit in his concept of a British insurance company representative ; and Brigitte Auber, a most ingratiating French girl, has been chosen to characterize a past association with Grant in French resistance forces of underground during World War II. Apart from the warmth of its personalities, there are choice bits of direction that are purely Hitchcock, especially in a sequence between the two stars where the romantic interlude is intercut with several bursts of fireworks which grow in intensity to punctuate passionate mood of scene, Lyn Murray's musical score, and Edith Head's fascinating costume creations. Vista Vision gets its biggest boost to date through the camera eye of Robert Burks in capturing in color by Technicolor the life-like scenic splendor of the French Riviera. Notable for its sharp photographic quality, an unforgettable automobile chase, taken from a plane several hundred feet in air, gives thrilling evidence of the VistaVision range. The story deals with a suspicion that Grant, whose earlier reputation as a famous jewel thief, known as "The Cat," is responsible for a series of thefts along the Riviera. In order to clear himself, he convinces Williams to bail him out of a police trial so he can help expose a new "Cat" and thereby save his company settlements on theft claims. His plan brings him together with wealthy Jessie Royce Landis and daughter Grace Kelly, who would eventually provide another reason for a visit by the trackless thief. An exciting chase climax across rooftops after a costume ball exonerates Grant as he captures the cunning . . . now that would be tellin' ! Running time, 97 minutes. General classification. Release in August. SAMUEL D. BERNS "The Night Holds Terror" (Columbia) Hollywood, July 13 THE seasoned Andrew Stone, whose contributions to the art of his choice have embraced about all of the professional activities that there are, comes to market now with a smashing melodrama written, produced and directed by himself as if he were three craftsmen, instead of one, and all tiptop. As writer, as producer, as director, and as all of them together, he has set for himself a new high standard of proficiency in putting together a melodrama, without names, certain to make a name for itself and a dollar for an exhibitor. It's explosive, exploitable product, sure to start its customers talking about it — so why not get the jump on them? It is a circumstance of possible concern to some exhibitors that the production is rife with violence, a content that's been coming in for a good deal of organized complaint lately, but it sets no new limits in this respect. On the other hand, it does set some new limits for the treatment of kidnapping on the screen, and this fact in itself — allowing detailed exposition of operations employed by police as well as by criminals in kidnapping cases — may account in a substantial way for the remarkable impact of the picture. In the story, Jack Kelley, an aircraft worker, picks up on the highway a hitch-hiker who turns out to be one of three killers who intend taking his money and car and leaving him dead in the desert. When they learn that his car is nearly paid for, and that his father is a Los Angeles millionaire, they take him back to town (Lancaster, Calif.) and force him at gunpoint to sell the car, thereafter staying overnight in his home, terrorizing his family. By the next day they have enlarged their plans to include holding him for $200,000 ransom, and the story tension tightens up sharply as they hide him out in Los Angeles, communicating" with his wife by phone. The police and phone company, newspapers and state authorities, work together frantically to locate them and — in a hail of lethal lead at the conclusion — apprehend them and rescue their prisoner. Players, in addition to Kelley, are Hildy Parks, Vince Edwards, John Cassavetes, David Cross, Edward Marr, Jack Kruschen, Joyce McCluskey, Jonathan Hale, Barney Phillips, Charles Herbert, Nancy Dee Zane and Joel Marston. Running time, SSyi minutes. Adult classification. Release date unset. WILLIAM R. WEAVER sociation. Myers had urged the committee to investigate the Justice Department's policing of the industry decrees before reaching any conclusion. Schimel described Myers' testimony as dealing "largely with intra-industry problems in the motion picture industry," and said the same charges had been presented to the Senate Small Business Committee several years ago. Although he didn't intend "to use this judiciary committee as a forum for airing the distributor side of the industry's manifold problems," Schimel said that he wanted to point out to the committee that the Departmen of Justice "has and is zealously policing the several decrees in U. S. vs. Paramount." Rep. Abraham J. Multer (D., N. Y.) told the committee that the proposed change "will weaken substan tially the deterrent effect which treble damage actions presently occupy in our anti-trust framework." Multer pointed to what he called "the switch in the Department of Justice," which opposed the change under the Truman Administration but is backing the change. Multer said the official position of the Department of Justice before this Congress and the previous one has been given "not by the Attorney General or even by the Assistant Attorney General in charge of the antitrust division, but by the Deputy Attorney General, William P. Rogers." Rogers was a partner in Royall's firm before he became Deputy Attorney General, he pointed out. After today's hearings, Celler announced that some additional witnesses still wish to be heard and that further hearings will be held at some future date. FTC Rein (Continued from page 1) Motion Picture Export Association and many other export associations under the Webb-Pomerene Act. For many years, the FTC has ruled that nothing that an export trade association does overseas can be held to violate the U. S. anti-trust laws unless it has some detrimental effect on firms in the United States. That policy has now been changed, and the FTC will not consider exempt from the anti-trust laws any price-fixing agreements that an export trade association makes with a foreign competitor. In other words, an export association entering into such an agreement can run afoul of the anti-trust laws even though there is no proven effect on some other United States firms. First Change in 30 Years The new FTC policy was outlined in a letter to an undisclosed export association. The letter was made public by the FTC, with the association's name removed, on the ground that the change was the first major policy change under the Webb-Pomerene Act in over 30 years, and affected all trade associations. Ellis Arnall, president of the Society of Independent Motion Picture Producers, has made repeated protests to the FTC about the activities of the Motion Picture Export Association. It wasn't clear just how the activities complained of by Arnall would in any way be affected by the new ruling. RKO-Teleradio (Continued from page 1) Howard Hughes, the sole owner of RKO Radio Pictures. Not involved in the deal is RKO Pictures, the former holding company of RKO Radio Pictures, before Hughes' buy-out of the latter company. RKO Pictures, the principal stockholders of which are Hughes and Atlas Corp., is a shell of a company whose onlv assets consist of cash. Wants RKO Radio Kept One of the hitches in the monthlong talks on the sale of RKO Radio assets is said to be a sought-after promise demanded by Hughes that Teleradio should continue to keep the RKO Radio company functioning as a distribution agency for theatrical motion pictures. It is understood that O'Neil has acceded in some measure to the Hughes request. Officials _ of RKO Radio Pictures again declined comment here yesterday. The reported deal, said to involve the payment to Hughes of about $27,500,000, was described to provide for the transfer to Teleradio of all assets, including RKO's film library and studio. LOOKING FOR SOMEONE TO 4 MAKE YOUR SPECIAL TRAILERS GOOD FAST? Then Try FILMACK ( You'll Be Glad You Did » 1327 S. WABASH, CHICAGO • 630 NINTH AVE., NEW YORK