Motion Picture Herald (Mar-Apr 1947)

THE DECREE (.Continued from preceding page) decided that voluntary arbitration would be impracticable. However, only Paramount, Loew's and Twentieth Century-Fox are believed to favor requesting a stay. Distributors Widening Bidding Experiments Reports of pictures sold under the bidding system continue to be received. In New Orleans, Columbia sold "The Jolson Story" away from Paramount-Richards Theatres. The feature played the opposition Joy theatre there and it has been purchased by independents in Paramount-Richards cities elsewhere in the New Orleans territory. In Greenville, S. C, the Ritz has bid Universal-International's "The Egg and I" away from the Wilby-Kincey circuit. Similarly, the Wilby-Kincey circuit lost "The Egg and I" and 20th-Fox's "The Shocking Miss Pilgrim" to the Manor, Charlotte. In Chicago, the competing Harmon and Vision theatres have been offered : "My Darling Clementine," "Margie," "Dangerous Millions," and "Wanted for Murder." In Michigan City, Indiana, all these, plus "Strange Journey" and "Wake Up and Dream,'' have ben offered for first-run between Lewis B. Philon's Liberty and the Manta and Rose Circuit's Tivoli. For first-run in Decatur, Illinois, in bidding between Gus Constan's Avon theatre and the Great States' Lincoln theatre, 20th Century-Fox has offered six films. In bidding in Cicero, Illinois, between Jim Booth's Palace and the Bartelstein's Annettafi three of these and two reissues have been offered. Paramount is offering all pictures that become available eight days after their Loop opening to Philon's Liberty theatre in Michigan City, Indiana, which is competing for them with the Tivoli, first run house of the Manta & Rose Circuit. "Two Years Before the Mast" was won by Dudley Gazzolo's Imperial over Harry Lubliner, owner of the Four Star, while Ben Banowitz won the film for his Harmony theatre in bidding against Morris Altcherler's Vision theatre. Paramount Gives Competitors Ten Days to Answer Bids The same group of theatres also are bidding on Paramount's "Blue Skies." Paramount gives competitors ten days in which to answer bids. Other companies vary, with RKO giving 24 days in some instances and asking for prompter replies where the situation warrants it. Paramount is also going to offer pictures for bidding in two down-state situations that have requested it. In Wilmington, Illinois, the Anderson Circuit's Wilton theatre and the Butcher Bros. Mar theatre will bid for Paramount product. M-G-M has been among the first to adopt the auction method of buying pictures, and has offered several groups of films in the Cicero squabble between Jim Booth and the Bartelsteins. The latest to be offered are : "The Beginning or the End,*' "My Brother Who Talks to Horses," and "Gallant Bess,'' and two reissues, "Rage in Heaven'' and "Boom Town.'' MGM has also offered films in disputes between the Harmony and Vision in Chicago ; the Revue and Rivoli and Chicago ; the Wanee theatre and the Great States' Peerless in Kewanee; and Gus Constan's Avon and Great States' Lincoln in Decatur. Selznick Sales Meeting Held District sales managers of the Selznick Releasing Organization, headed by Neil Agnew, president, and Milton Kusell, general sales manager, held a two-day meeting at the Waldorf-Astoria in New York Wednesday and Thursday. Under discussion was the national release of "Duel in the Sun" and other films due this year. The whole national releasing schedule of "Duel" is being rearranged, according to Mr. Kusell. The change also is affecting the New York area where, as a result, the Technicolor Western will not open for several weeks. It is understood that the Selznick interests still would like "Duel" to go into the Astor theatre, but talks are also going on with several other theatres. A decision on a house and an opening date is expected next week. Selznick sales managers who attended the meeting included Sam Horowitz, Chicago ; Edward Fontaine, Washington, D. C. ; A. J. Delcambrae, Dallas ; Tom Duane, Boston; Henry Krumm, Atlanta, and John Howard, Los Angeles. Mr. Krumm recently was named southern division manager. Besides "Duel," the meeting's agenda also included a discussion of Alfred Hitchcock's "The Paradine Case," starring Gregory Peck, Ann Todd, Ethel Barrymore, Charles Laughton, Charles Coburn and two new players — Louis Jourdan and Valli. The film is due for national release September 1. Also to be released this year is "Portrait of Jennie," starring Jennifer Jones and Joseph Cotten, which is currently being shot in New York. Pickwick Anti-Trust Suit Settled Out of Court The six-year-old anti-trust suit filed in New Haven in 1941 by Pickwick theatre, Greenwich, Conn., has been settled and withdrawn from court action, it was revealed in New York last Thursday with the filing of a stipulation in the U. S. Circuit Court of Appeals. The action originally asked $5,000,000 damages of the major distributors, claiming the theatre, which had been operated by E. J. Peskay, had been forced to close in 1939 because it was unable to obtain product on an equitable run in relation to Stamford, Conn., and Port Chester, N. Y. UA Asks Stay on Bidding Order United Artists Monday applied to the U. S. Supreme Court for a stay on the competitive bidding order and practically every other provision of the final decree in the New York anti-trust suit, affecting minimum admissions, single sales, clearances, formula deals, master agreements, and the arbitrary refusal of an exhibitor requesting a run. Stay was sought on every provision of Section II of the decree except that prohibiting franchises. The three non-theatre-owning defendants in the suit, Columbia, United Artists and Universal, all of whom have appealed major portions of the decree, are all now on record as desiring bidding order stays. Universal's stay request, made March 4, was placed on the desk of Supreme Court Justice Stanley Reed March 12. That company's application asked a stay on competitive bidding and all provisions of Section II affecting existing contracts. Columbia's request, filed March 14, asked for a stay on competitive bidding, the injunction against single sales, and other provisions. Hearings on stay applications probably will be held by Justice Reed late next week. Stays can be granted until April 1. In its application, UA brought up the new point of contempt proceedings. "Until there has been a decision on the appeal," UA stated, "the appellant, in trying to establish an untried system (of selling) as prescribed by the court, will at all times be in jeopardy of a contempt citation.'' UA protested that the New York District Court in enjoining the defendants from granting any license in which minimum prices for admission are fixed has "deprived the appellant of well established property rights as well as rights conferred by the Copyright Law." The UA application also attacked the court order placing the burden of proving the legality of clearance upon the distributor and the necessity, under the competitive bidding order, of ignoring the rights of oldestablished customers. In concluding, UA insisted thaf "a tremendous hardship" would be imposed if Section II of the decree were put into effect and then finally reversed or stricken out. Propose Bidding Solution To Jackson Park Suit In a brief filed March 13 in Chicago District Court the five major distributors and Balaban and Katz and Warner Brothers theatre circuits proposed that the Jackson Park theatre be given the opportunity to bid for features and that this opportunity be substituted for Judge Michael L. Igoe's decree in the Jackson Park anti-trust suit, which calls for the elimination of the Chicago system of release. Arguments will be heard during the April session of the court. The decree limits Loop runs to two weeks, abolishing all Loop clearance. 14 MOTION PICTURE HERALD, MARCH 22, 1947