The Exhibitor (1957)

MOTION PICTURE EXHIBITOR Obscenity " Defined " In New N. C. Statute Raleigh, N. C. — The House of Repre¬ sentatives of the North Carolina Legisla¬ ture passed and enacted into law a bill, already passed by the Senate, which is designed to curb the distribution and sale of obscene magazines, books, pam¬ phlets and pictures on newsstands of the state. Backed by ministers and church groups and opposed by magazine distributors who contended that they could not screen the hundreds of magazines they handle, the bill was passed over objections that it was a “censorship” measure. Conceding “imperfections,” supporters of the bill said it would “protect” impres¬ sionable teenagers and children against indecent and salacious “trash” on the newsstands. The House, to meet objections that the bill as originally drawn might have barred classic literature in libraries or pictures on display in the State Art Museum, amended the measure to make it inapplic¬ able to the contents of any public or private library or any art museum. Opponents argued that the definition of “obscenity” written into the law is “valueless” and “impossible to interpret,” that it “sets up every police chief, every sergeant and patrolman as a censor of what you can read and buy, what you cannot read and buy.” Rep. Kerr, while admitting that some¬ thing needs to be done about the situa¬ tion, expressed the opinion that “the cure proposed is worse than the disease.” In enacting the measure, North Carolina became the first state in the country to Roxy, Ottawa, Ill., for William Girard. More than 10,000 came from surrounding areas to sign a petition in the lobby of the theatre. The pages numbered more than 1,200 feet long. The petition asks that the young GI, charged with fatally shooting a native woman in Japan, be tried by a U. S. court martial instead of by a Japanese court. Manager X. W. Mitchell, Roxy, and Arthur Arvison, Alli¬ ance zone manager, superintended the signings. The huge petition was flown to Washington by Mitchell, Fred Gerding, board chairman, First National Bank of Ottawa, and Leroy Clemons, city editor, Republican-Times. The plane was to be met by Illinois senators and representa¬ tives for presentation of the petition to President Eisenhower. . . . Attorney Daniel D. Carmell, 55, who had repre¬ sented the Chicago Moving Picture Oper¬ ators Union for many years, fell to his death from a window in his apartment. He was credited with formulating the union’s pension plan together with Eugene At¬ kinson, business manager, and Clarence Jalas, secretary-treasurer. Cleveland Bud Mutchler, manager, National The¬ atre Supply Company, sold new carpets to Modern Theatres circuit for the Vine, Willoughby, and he is also installing American Seating Company deluxe loge chairs in Joe Robin’s Robin’s, Warren. . . . Barbara Salzman, Academe Film Service, is getting all packed up to leave June 14 on the S.S. United States for three months travel abroad. Also about to take off for Europe, but via plane instead of boat, is Nicola Jacobellis, manager, Heights Art, attempt to define the word “obscene” in its law books. In so doing, it adopted a definition prepared by the American Bar Institute after six years of study. It offers this definition: “A thing is obscene if considered as a whole its predominant appeal is to the purient interest; i.e., a shameful or morbid interest in nudity, sex, or excretion, and if it goes substantially beyond customary limits of candor in description or presen¬ tation of such matters. “A thing is obscene if its obscenity is latent, as in the case of undeveloped photographs. “Obscenity shall be judged with refer¬ ence to ordinary adults except that it shall be judged with reference to chil¬ dren or other especially susceptible audi¬ ences if it appears from the character of the material or the circumstances of its dissemination to be especially designed for or directed to such an audience.” The law makes it a misdemeanor for any “person, firm or corporation to know¬ ingly or recklessly disseminate obscenity.” Under its terms a newsstand operator who unlawfully disseminates obscenity or for that purpose buys or possesses it, is presumed to know the existence of the contents of the material which renders it obscene. It would be up to the dealer to prove that he didn’t know it. “A person disseminates obscenity,” the law states, “if he sells ... or agrees to sell any obscene writing, picture, record, or other representation or embodiment of the obscene.” who plans to visit the film capitals of Europe and also his family in Bari, Italy, whom he hasn’t seen in nine years. . . . The offsprings of our film executives are doing all right. Stuart Miller, grandson of M. B. Horwitz, Washington Circuit, graduates from Yale; Jay Schultz, son of Nate Schultz, Allied Artists franchise owner, graduates from the University of Pennsylvania's Wharton Business School; Neil Rembrandt, son of Joe Rembrandt, owner, CenterMayfield, Cleveland, and the Ellet, Akron, graduates from North¬ western University where he won a $2100 Fellowship in transportation, his spe¬ cialty field. . . . Edward Raab has in¬ stalled Dave Sandler’s Mobiltone in-car speakers in his Ascot Drive-In, Akron. . . . Jack Zide, Detroit, owner of Imperial Pictures, was in town over the holiday to confer with branch manager Rudy Nor¬ ton and booker Betty Bluffestone. . . . Nick Wellman, youngest son of Peter Wellman, owner. New Mock and Well¬ man, Girard, O., received his sheepskin from Case Institute of Technology and at the same ceremony was presented with a commendation from the Air Force ROTC for having “the most efficient squadron in the senior class.” He was a major in the ROTC. Specializing in construction and civil engineering, he has a job waiting for him at the Youngstown plant of U. S. Steel. . . . Carol Marcus, daughter of Irving Marcus, NSS salesman and presi¬ dent, Salesmen’s Club of Cleveland, was confirmed at Temple Emanu-El. . . . Friends of Lewis Horwitz, Washington Circuit, are arranging a bachelor party in his honor to be held June 11, just two days prior to his marriage to Janet Price. College To Administer Variety Sanatorium Chicago — La Rabida Sanatorium, main charity of Variety Club, will become an affiliate of the University of Chicago. The university will establish a La Rabida Institute to operate the institution under the direction of Dr. Albert Dorfman, professor of pediatrics, at the University of Chicago Medical School. Chancellor Lawrence A. Kimpton of the university said there would be no change in the nonmedical administrative setup at La Rabida. Trustees and officers will con¬ tinue. Chancellor Kimpton said, “I have long had an admiration of the institution and the trustees believe an even wider and more effective program of patient care, research into the causes and cures of rheumatic fever and allied diseases, and teaching of medical students will result.” Dallas The Beverly Hills was reopened by Rowley United Theatres after reseating, painting, and a general remodeling of the theatre which was originally opened in 1944. The seating capacity is 800. . . . Thomas A. Moseley died here following an illness of 18 months. He was a stage¬ hand at the Tower, operated by the In¬ terstate Theatre Circuit He had worked stage productions for some 30 years. . . . Anne Neyland, former local model, who holds the title of Miss Body Beautiful along with 30 such tributes acquired since she was 16, has been signed to a term contract by MGM and will be assigned to a picture soon. She made her motion picture debut in Europe last summer as John Payne’s co-star in “Hidden Fear.” . . . Mrs. Louise Meeks, wife of Paul C. Meeks, projectionist at the South Loop Drive-In, was installed as associate con¬ ductress at a public installation of officers of the Mike H. Thomas Eastern Star Chapter. . . Wayne Love, a salesman for 20th-Fox. came in mighty handy when he paid a call on J. T. Orr and Ruth Wafford, owners of the Plaza. Love helped to im¬ pede the water which was starting to come into the theatre due to a torrential rain storm by using a mop. The storm also did some damage to several marquees. Denver Chill Wills was here for the opening of the new 800-seat Woodlawn, Littleton, Colo., by Fox Inter-Mountain Theatres, who took over the theatre in the course of construction. . . . Vern Austin, man¬ ager. Homestake, Lead, S. D., was moved to Rapid City, S. D. to manage the Rapid Drive-In, both being owned by the Black Hills Amusement Company. Austin is succeeded by Hal Kirk who plans to add local talent vaudeville at the Homestake. . . . E. E. Jameson, Jr., Kansas City, owner of the Denver Shipping and Inspection Bureau, was in conferring with Frank Norris, manager. . . . Phil Isaacs, formerly Paramount division manager here, was in doing the job of moving his family to New York, where he is assist¬ ant sales manager of the eastern division. . . . Pat McGee, head of McGee Film Merchandising, spent a week in Texas. . . . Tom Smiley, Wolfberg Theatres gen¬ eral manager, went to Ohio to attend a June 19, 195 7