The Exhibitor (1960)

Four Producers Join Roster Of MPAA 11 Writers, Actors Charge Blacklkt In SahSe^mg $7,650,000 Damages WASHINGTON, D.C.— A suit was filed in Federal District Court under the antitrust laws, seeking $7,650,000 in damages and in¬ junctive relief by Herbert L. Biberman, Lester Cole, John Howard Lawson, Albert Maltz, Robert L. Richardson, Frederick I. Rinaldo, Philip Stevenson — all writers — and the fol¬ lowing performers: Alvin Hammer, Mary Virginia Farmer, Gale Sondergaard, and Shimen Ruskin against Allied Artists, Colum¬ bia, Walt Disney Productions, MGM, Para¬ mount, 20th-Fox, Universal, Warners, their distributing affiliates, and the Motion Picture Association of America and its affiliate, the Association of Motion Picture Producers. The injunction would outlaw the use of the alleged blacklist by the defendants. This list is said to have been made up of names compiled by the House Committee on UnAmerican Activities from 1952 and 1953 and later from names said to have been furnished by the American Legion. All of the plaintiffs contend they suffered loss of employment because of a blacklist, with the writers saying they had to work under assumed names to have their work accepted. The reports that a blacklist was maintained go back to 1947 following a meeting of in¬ dustry heads at the Waldorf-Astoria Hotel by MPAA president Eric Johnston. The in¬ dustry at the time faced severe criticism because it allegedly sanctioned employment of subversives and witnesses who had re¬ fused to testify before the House Committee on Un-American Activities. The so-called “Waldorf Manifesto” issued by Johnston and concurred in by Donald Nelson, then presi¬ dent of the Society of Independent Motion Picture Producers, pledged those subscribing to it not to employ “a Communist or a mem¬ ber of any party or group which advocates the overthrow of the Government of the U.S. by force or by any illegal or unconstitutional methods.” It also declared it would suspend those who had refused to answer questions put to them by the House Committee on UnAmerican Activities and would not re-em¬ ploy them until they had taken oaths they were not Communists.” The suit charges a blacklist exists and that it was circulated throughout the indus¬ try with a “concerted refusal to deal or dis¬ tribute” films made with blacklisted talent and “a refusal to hire such talent.” Each plaintiff asks actual damages of various amounts, which if granted would be tripled under the punitive provisions of the anti¬ trust laws. Attorneys for the plaintiffs are David I. Shapiro, of Washington; Ben Margolis, of Los Angeles; and A. L. Wirin, New York City. King Bros. Report Profit HOLLYWOOD — King Brothers Productions reported a net profit of $53,679.33, after taxes, from operations in the fiscal year ended Aug. 31, 1960, it was reported by president Frank King. Film earnings amounted to $646,965.55 dur¬ ing the fiscal year. Unremitted foreign funds from films in release amounted to $141,059. Current assets were given in the stockhold¬ ers’ report at $1,057,659, compared with cur¬ rent liabilities of $144,229, including $79,079 for income taxes. Salah M. Hassanein, center, vice-president. United Artists Theatres Circuit, signs the con¬ tract for the opening of UA's "West Side Story" at the Rivoli on Oct. 18 for its vrorld premiere roadshow engagement. Looking on are William J. Heineman, right, UA vice-president in charge of distribution, and David E. "Skip" Weshner, sales representative, Mirisch Company. Md. Exhibs Gain In Tax Fight BALTIMORE, MD. — Through the concert¬ ed efforts of all members of Allied Motion Picture Theatre Owners of Maryland, Inc., under the guidance of C. Elmer Nolle, Jr., general manager of the F. H. Durkee Enter¬ prises, chairman of the legislative committee of Allied and national treasurer of National Allied, it appears that the proposed increase of 414 per cent on the admission taxes will be abandoned by the City Council. In speaking for the industry as a whole. Nolle also spoke for the TOA Maryland unit, who cooperated through their legislative chairman, William Fischer, Carlin’s DriveIn. "Sons" Tops NBR Poll NEW YORK — The Committee on Excep¬ tional Films of the National Board of Review of Motion Pictures named the English-made 20th-Fox release, “Sons and Lovers” as the best film of 1960, and its director. Jack Car¬ diff, best director. “The World Of Apu” was named best for¬ eign film shown here during the year. By MARK GIBBONS SAN FRANCISCO — Still another movie monopoly suit has been filed in Federal Court here, the third in three weeks to make this city apparently the nation’s legal battle¬ ground for the war of independent exhibitors against circuit houses. This time the suit by four drive-in firms seeks $1,125,000 in treble damages from 10 major distributing firms. United California Theatres, Inc., and Blumenfeld circuits. The latest complaint virtually echos the charges in the two previous suits filed this month. Collusion is charged against distribs and exhib chains to prevent first-runs to other than downtown houses in San Jose, NEW YORK — The Motion Picture Asso¬ ciation of America took steps to bring about closer cooperative relationships with pro¬ duction in Hollywood. At a meeting of the board of directors, four leading Hollywood producers were elected to membership in the Association and to the board of directors. The admission to membership and the elec¬ tion to the board of these producers resulted from discussions between Eric Johnston, MPAA president, and Walter Mirisch, presir dent of the Screen Producers Guild. The new MPAA directors, all members of the SPG, are Pandro S. Berman, William Perlberg, Jerry Wald, and Mirisch. “Independent production has come in the last few years to occupy a foremost place in Hollywood,” Johnston said. “Many of the finest pictures being produced today combine the talents and skills of independent pro¬ ducers. “This joining today, I believe, heralds the beginning of a significant and constructive partnership that will promote the common welfare of the entire industry by assuring a vigorous, viable future for the American motion picture.” Johnson also reported to the board that the committee to consider the establishment of a West African Development Company, consisting of Barney Balaban, Wolfe Cohen, Arnold Picker, and Eric Johnston, have met and will make recommendations in the near future on steps to be taken to further the project. Y. C. Ends Regional Meets PHILADELPHIA — Seventeen chief barkers and international officers will meet at the Bellevue-Stratford Hotel here on Jan. 17 for the fourth and final regional meeting of Variety Clubs International, it is announced by international chief barker Edward Eman¬ uel. The visiting Varieteers will precede their business sessions by attending the Philadel¬ phia tent’s annual banquet which is to be held in the same hotel on Jan. 16. Previous meetings were held earlier this month in Los Angeles, Chicago, New Orleans. The upcoming celebration of Variety Clubs Week, and the organization’s annual conven¬ tion to be held in Miami next April are among subjects to be covered. Sacramento, and Oakland. Parenthetically, attorney for the plaintiffs is Joseph L. Alioto who filed the other two previous suits earlier this month and also is chief counsel in the long pending Samuel Goldwyn $2,000,000 anti¬ trust action in this same court. Plaintiffs in the latest suit are Syufy Enter¬ prises (also an aggressor in another suit filed for seven independents against the same defendants and demanding more than $2,000,000 less than a month ago) ; Rancho DriveIn Theatres, Inc., Winchester Drive-In The¬ atres, Inc., and Bell Drive-In Theatres, Inc. Besides asking a jury trial, Alioto called for a preliminary injunction restraining the defendents from continuance of the al¬ leged conspiracy against his clients. San Francisco Legal Battlegraand As Foar More Exhibs Start Saits 8 MOTION PICTURE EXHIBITOR January I 1 , 1961