The Exhibitor (1960)

Strike Situation Remains Status Quo Presidents Firm Despite U-l Settlement; ACE Indicates Exhib Concern As Walkout Date Nears NEW YORK— The first break in the threat¬ ened actors’ strike came when Universal International Studio signed a new contract with the Screen Actors Guild. The new pact with U-I provides for the studio to pay into an actors’ fund six per cent of the receipts from resale of films made between Aug. 1, 1948 and Jan. 21, 1960, less certain distribution costs. On films made after Jan. 31, 1960, the producer will pay seven per cent, less similar costs. This studio also agreed to pay five per cent of all actors’ earnings into a pension and welfare fund. Other provisions call for actors called in for a day’s work to receive a pay increase from $90 to $100; for free lance players, the weekly rate goes up from $300 to $350; the stuntman rate goes up from $345 to $400 a week. The American Congress of Exhibitors of¬ fered to intervene in the Actors and Writers Guild dispute with the film producers in the hope of forestalling the strike. Si Fabian, chairman, ACE executive com¬ mittee, and president, Stanley Warner Cor¬ poration, stated that while “ACE, as repre¬ sentative of all U.S. exhhibition, is not of¬ ficially concerned in these negotiations, the Congress is aware that the industry’s $2,500,000,000 investment in motion picture thea¬ tres will be irreparably damaged by a strike. All elements of the industry, the crafts, pro¬ duction, distribution, etc., will likewise be damaged, perhaps to a point beyond repair. “In view of this we urge upon both sides to the dispute that they continue their ne¬ gotiations and earnestly hope that they will have reached a solution by March 7.” The statement was signed by Fabian, Sidney M. Markley, Max A.Cohen, Harry Brandt, Al¬ bert M. Pickus, George G. Kerasotes, A1 My rick, Irving Dollinger, Marc Wolf, Sol A. Schwartz, Emanuel Frisch, William For¬ man, Harry C. Arthur, Jr., and Edward Lider. Copies of the statement went to all company presidents, the AMPP, president Eric Johnston of the MPAA, and the guilds in¬ volved in the dispute with the producers. In reply, Johnston gave assurances that MPAA member companies in the event of a strike closing the Hollywood studios “in¬ tend to do everything possible to obtain product to distribute to the theatres.” He made no reference to the ACE offer to “bring to the conference table constructive suggestions that could result in maintaining peace in the industry,” but said, “We share your apprehension about the unfortimate position in which the theatres have been placed by the strike call of the actors. We intend to do everything possible to obtain motion pictures to distribute to the theatres. The theatres are entitled to this. The public is entitled to look to the motion picture theatre to find its best entertainment. To the fullest extent of our ability we shall meet this need. We are ready. We shall be able to meet all equitable terms of the actors except their unreasonable and imrealistic demands with (Continued on page 10) "Adam and Eve" Condemned; First Major Since "Baby Doll" NEW YORK — The National Legion of Decency last fortnight issued a “C” Con¬ demned rating to U-I’s “The Private Lives Of Adam and Eve,” an Albert Zugsmith production starring Mickey Rooney and Mamie Van Doren. The Legion stated, “This film makes use of the scriptural account in the Book of Genesis of the origins of mankind in order to exploit the sensational. The story, developed in an atmosphere of buffoonery, is judged to be blasphemous and sacrile¬ gious in its presentation of man’s sex life as the invention of the devil rather than as the handiwork of God. This unconscion¬ able offense to religion is compounded by the pornography that are latent violations of Judao-Christian standards of modesty and decency.” The Legion added, “It is most regret¬ table that this film bears a Code seal of approval of the Motion Picture Associa¬ tion of America.” This is the first Legion Condemned rat¬ ing for a major motion picture since 1956 when the rating was given to Warners’ “Baby Doll.” Magna In The Black NEW YORK — Preliminary financial state¬ ments of Magna Theatre Corporation for the fiscal year ended Jan. 31, reflect a net profit in excess of $700,000, it was reported today by A. E. Bollengier, vice-president and treasurer of the company. This is the first year since the inception of Magna Theatre Corporation in 1953 that a net profit has been realized. Bollengier stated that the annual report of the company which will include audited financial statements, will be ready for dis¬ tribution in April. By MEL KONECOFF New York Editor NEW YORK — Milton Rackmil, president of Universal Pictures Company, called a rare press conference last week to clear up “mis¬ interpretations and mis-statements” regard¬ ing the so-called “defection and capitula¬ tion” in settlements with the Screen Actors Guild and the Writers Guild of America. He recalled that back in 1952, when he took over the presidency of Universal and a new contract came up for discussion, he felt it advisable to clear things up with the guilds with regard to possible TV activities, but the other companies voted him down nine to one. In 1956, he made the same proposal with the same result. When negotiations got imder way again last fall, he suggested discussing TV with the guilds again, but the representatives of other companies had instructions not to mention TV. He went along for the moment, suspect¬ ing that someday he might have to go it Chi Court Reverses Censors Eighth Time CHICAGO — U.S. District Judge Michael Igoe has ordered the City of Chicago to issue a permit to the distributor of the motion picture, “The Mating Urge,” for exhibition in the City of Chicago, thus marking the eighth time within the past four years that the Chicago censor board has been reversed in its decision to censor a motion picture. It was the fifth time that Chicago attorney Abner J. Mikva has been successful in his fight against pre-censorship of motion pic¬ tures in the Chicago area. It has repeatedly been Mikva’s contention that the operation of the Chicago censor board violates the First and 14th Amendments to the Constitu¬ tion of the United States. Mikva’s most recent battle involved “The Mating Urge,” banned by the City censor board for exhibition in Chicago, and which was determined by the District Court as not being obscene within the meaning of the Chi¬ cago ordinance which states that motion pic¬ tures which are “obscene” shall be denied a permit. The motion picture is a color documentary on primitive customs and techniques of courtship and marriage in tribal outposts in the South Pacific and Africa. Goldman Quits Allied Post BOSTON — Carl Goldman, executive secre¬ tary, Allied Theatre Owners of New England, last fortnight submitted his resignation as secretary of National Allied, a post to which he was elected at the Miami Beach annual convention in December. His resignation, which will be acted upon at National Allied’s spring board meeting, March 28-29, results from New England Allied’s withdrawal from the national organi¬ zation due to internal differences. alone. Negotiations went nowhere and when the writers went out, Rackmil had vicepresident John O’Connor inform Eric Johns¬ ton that if no progress was made he wanted the other presidents informed that he would go it alone. Johnston told the others but they refused to pass the information down the line to the negotiators. Rackmil then went ahead and made his own deal. Rackmil called the negotiations with both unions gentlemanly, and he felt that if every¬ one sat down with honesty, the probleins could easily have been resolved. Said he, “In labor strife nobody wins.” In his opinion, the strike will come off as the actors can’t back down at this point. Regarding the deal to pay for the sale of films to TV, it may never mean a thing if the films are never sold to TV. As far as Rackmil is concerned, his company’s product won’t be sold (at least not in the foreseeable future) . His company still has pre-48’s around without having to worry about the post-48 library of 309 features. (Continued on page 10) Rackmil Explains Why U-I Quickly Settled Both SAG, SWG Squabbles March 9, I960 MOTION PICTURE EXHIBITOR 7