Variety (September 1952)

Wednesday, ScplemLci* 10, 19S2 P^SsiBfr nCTITKlIS ( TV NOT PRIME B.O. IRRITANT y Par, DuMont Findings Claim Par ms MORE BASIC Arbitration Tryout Must Ease Can’t Control DnM; FCC Disagrees gjy [](H|B|T(1RS Trade Snag, or Exhibs Wifl Bow Out Washington, Sept. 9. ■ Paramount Pictures Corp. and -- /nil fep^^afe flS ’ HoBor Goldenson Federal Communications Conimis- New York’s Cinema Lodge of sion today (Tues.) In connection B'nai B’ritli will honor Leonard H. with Par’s package proceedings, Goldenson, United Paramount contended that Par does not and Theatres prexy, at a Hotel Astor cannot control DuMont manage- dinner Sept. 24. ment and policies regardless of the Outfit's honor scroll will cite fonner’s 100% ownership of Du- Goldenson for his service i» fight- Mont Class B stock. ihg bigotry afcd intolerance via the The findings were required by Anti-Defamation League, and for examiner Leo Resnick, who pre- his efforts on behalf of cerebral sided at the recent Par antitrust palsy victims. Judge Samuel Leib- hearings and whose Initial decision owitz will be the principal speaker. on control and other issues Is ex- — pected late next month. Findings on proposed American Broadcast- ing Co.-United Paramount The- atres merger and eligibility of Paramount as a broadcast licensee are due In 10 days. On the'other hand, the Commis- sion’s broadcast bureau, which handled the case for the public, declared today in its findings that the division of power between Par and DuMont, while preventing either group from gaining ascen- dency over the other on basic com- pany decisions, did give Par some control. ‘Negative Control’ See Par s Decree As Significant In Lebedoff Verdict either group from gaining ascen- dency' over the other on basic com- Minneapolis, Sept. 9. pany decisions, did give Par some Counsel for six defendant major control. distributors and the Minnesota ‘Negative Control’ Amus. Co. (United Paramount The- The bureau’s brief declared that atres) have 90 days from the entry neither Dr. DuMont nor Par has of ^nal judgment to decide wheth- affirmative control and that Par appeal from Federal Judge “through the power to veto or N. Nordbye’s award of triple block action on the many basic de- damages of ^ $125,077.53 to inde- cisions of the company, has nega- pendent exhibitors,S. G. and Mar- tive control of DuMont.’’ Findings tin Lebedoff, father and son, in by the FCC bureau pointed out their $500,000 antitrust conspiracy that while DuMont has the ma- suit. jority of directors on the board, . Trade circles here feel that the Par has the preponderance* of offi- significant part of the decision is cers. It was also sho\vn by the the court’s ruling that the Para- board’s minutes, according to the niount and other consent decree findings, that there is a long his- findings should be admitted as (Continued on page*^^^ Govt. Prober Mum On Exhib Gripes Washington, Sept. 9. prima-. facie evidence. Defense counsel had fought vigorously against such admissions and the court reserved its final ruling. As far as known, this is the first instance of a Federal court admit- ting unreservedly the consent de- crees’ findings. These findings not only undoubtedly infiuenced the verdict in the plaintiffs’ favor, but if their acceptance in exhibitors’ antitrust suits is upheld hereafter. With the fall film season launched, key exhib chiefs in vari- ous sections of the country have expressed a diversity of views on the problems facing the pic biz, and they’ve presented different analyses of the ailments and pre- scribed various suggestive reme- dies. In general, exhib execs agree that the anti-film boxoffice ir- ritants are more fundamental than the threat of TV^ that quick play- offs are hurting biz, that the ques- tion of what to do with “middle- grade” pix is a difficult one to solve, that selling by mail is Im- practical, and "that distributor streamlining. will benefit no one but the distribs. Even on points of agreement, the exhibs chiefs ar- rive at their conclusions by differ- ent methods of reasoning and pre- sent a variety of solutions. Views of the theatremen were I obtained in answer to a query by Variety for comments on what’s hurting the industry. On the ques- tion of television, Wilbur Snaper, New Jersey chain operator and prexy of the Allied States Assn., declares: “There is no doubt that TV will have its viewers at all times and its effect on the bor- office will vary with the attraction. However, I do believe that the pub- lic will gradually level off in its viewing at the point when TV is (Continued on page 18) UA Dmn^stic Billings Soar - To mm TOA, Allied Would Await MPAA Step OnArbitrationPlan Efforts by industry reps in a it may lead to many more such ac- meeting with Senate investigator tions locally and elsewhere. William D. Amis here last week to “The national system of runs and get specifics on what charges, if (Continued on page 15) any, he is preparing against the majors proved unavailing. Amis Is . it 11 chief investigator for the Senate KraiBer LOBC HolOOUt Select Committee on Small Busi- ne.ss, which is propping hearings ffl-hn All Plllff0111(1 on exhibitor complaints, vll tU Up iia riUgglllg William F. Rodgers, Loew’s v.p., and William Zimmerman, assistant IicW rlX Ou DlOSOWay Refusal of the Stanley Kramer led the distributor delegation that organization to participate failed called on Amis last week. They gj-gp full-page co-op ads that were accompanied by a group from appeared in all New York dailies lll0 IvlOtlOll jPlCtUl C .^SSUf of i-klitr/rriTirW vkAtip United Artists’ domestic billings for last week soared to $607,000, regarded as monumental for the indie distrib, particularly in view of its shaky position little more than a year ago. UA execs checked the books for the past five years and found the $607,000 figure a record, at least, for that time span. It was the 12th week in the cur- rent William Heineman sales drive. However, there’s no clear indica- tion that the sale push alone is accountable for the smash business. One week in the first lap brought distribution revenue of $400,000 and, previously, there were two weeks in which a gross of about (Continued on page 20) « dciroxapaiueu Dy a group ironi appeared in all New York dailies Uie Motion Picture Assn, of ^|.,g weekend plugging new 1 * 1 . 01 / 1 - Broadway. It is yet to be Session, which ran 2V^ hours, determined, however, who is to was very fnendly, but distribs are bear the freight for the $2,000 mi^dei stood to have failed to get y^hich Kramer refused to okay for what they wanted. That was a presence of his “High Noon” in specific idea as to what complaints j-be ads. This co-op scheme was con- it might throw at them in reived by Donahue & Coe ad pen he^ings. Majors would like agency, with v.p. Lloyd Seidman handling the details of selling the is only fair that various producers who partici- t ey should know what they are. pated. There were eight of them with a total of 11 pix named in derstanding of the distribs’ anxiety, the ads. bi‘^k down any Producers, except Kramer, each picked up paid $2,000 per film. Theatres made complaints In sessions contribution to the cost. Despite Kramer’s balk, D&C de- Rhnvfixr 4 .}^ Francisco termined to go ahead with the 1 project. Whether the other partici- •»nv Ki'pup offered to make pants will be forced to revise their him T wanted available to pr® rata to make up the difference •:iH« their oj. some other solution will be on hand JWce a^t S ( Continued on page 6 1) Sehreibei“Ind Cecil Dlxor’ Defers tO 20th-FoX Y——— On ‘Monkey Business’ A OUngttein Touts Paramount this week began with-/ Max Youngstein, United Artists drawing from release all prints of' v.p., who has been making frequent “Monkey Business,” Marx Bros, field trips from the homeoflice in starrer produced in 1931. connection with the company’s cur- 20th-Fox film of the same title, vent sales drive, is off again on an- with Cary Grant, Ginger Rogers otlier swing of exchange cities. and Marilyn Monroe co-starred. He left Gotham ye.sterday just opened at the Roxy, N. Y., and < I lies.) for a tour of the midwest, Par agreed to yank its oldie to toast and south. avoid any conflict. In light of the distribs’ position r. » .1 mx o they’ll bow out of any arbi- 5o Where $ the Money ; tration setup unless it alleviates standing eaff amon^ Para- <^be law-suit plague, some highly- mount homeyice execs when placed exhibs this week one of them boasts of a coup “if* **>«y. *»»! which doesn’t sliow Immediate »**«; | ‘tyof* ** results in the cash drawer is the cynical query, delivered in mSi stated privately that the pio- an appropriate accent: “So Pffd system will be only, a waste where’s the money?’’ *™« ““d '* t Last week the studio regis- frmg proper adjustments in tered the line with the Motion troubled trade-practice areas. Picture Assn, of America as a’ Thus, while both sides appar- - title for an original feature. eqfly are desirous of giving arbitra- . . ■ tion a whirl, it’s clear that the sys- tern, as It’s gotten underway, will M a 11* 1 11/ II he subject to close scrutiny from AlllPn WAIlIn every angle. The distribs* almost j ImlllvU If UillU sole concern is to,cut the number of antitrust complaints filed by ex- i iliiri A A Oi hibs via,settlement of differences A Willi llll AA iTPH before arbitration panels. l\r\ Lllv|l Exhibs want a better break in a variety of fields. First, the de- i\ A li*!. L* til mand is that arbitration provide OnArDurationrlan s^adii pUtr “‘ACTstH that all valid grievances over clear- Theatre Owners of America, ances and availabilities should be which has its national convention satisfied. And finally, the theatre- next week, and Allied States Assn., men want, they say, a fair break whose conclave is set for next in their overall business relation- month, both probably will refrain ship with the distribs and where from action on arbitration unles.s they fail to get it via negotiation the Motion Picture Assn, of Amcr- they’ll look for It via arbitration, ica okays the proposed system first, j xhe arbitration plan, as now pro- However, that the MPAA mem- posed, would carry the system her companies will act on the ar-. over an 18-month trial period. By bitration plan sufficiently in ad- that time, it’s felt the two sides vance of the TOA meetiOi; ap- will know what they’re receiving pears assured. MPAA prexy Eric for what price, and will map their Johnston called a meeting of com- future course accordingly. pany presidents for tomorrow — (Thurs.)' in New York tor their first formal consideration of the I ^ ¥\ 1 subject. It’s still not apparent |Y7J|||||Ap llJlfpC whether an immediate vote will AfCllIIIVv be taken or possibly put off to Friday. But in any event the aim is ¥/ JL Fi I* to get the MPAA position on rcc- |i fA p A||Alf ord in time for the TOA board to ! determine where the matter of ar- j bitration fits in on its convention ; In its licensing of “Ivanhoe,” agenda. ' Metro this week appeared to be Also to sit in with the chief j following the pattern established execs are general sales managers ' in the selling of “Quo Vadis.” and the distribs* top lawyers. The Company is selling the new epic sales chiefs m^t among themselves slowly, opening only scattered situ- on Monday (8) for a study of the ations from time to time, presum- projected plan preliminary to ably as a means of determining Thursday’s session. national policy. In most situations so far the pic has been played at Kalmenson Back to N.Y. advanced admissions. Ben Kalmenson, Warner Bros. ^ew dates have been set distribution boss, returned to tlie Ivanhoe and these are the homeoffice this week following a two-week stay on tlie Coast. Sales Radio City Music chief conferred with Harry M, and P Sept. Jack L. Warner on upcoming J?®?. product. Moines; Melba, Dallas, and the En route Kalmenson visited Film bows at Warner exchange offices in Chi- the Ritz, Birmingham, on- Sept, cago and Kansas City. Rogers, Chattanooga, ^ addition to these, the film is set to open at 10 more Loew’s spots l 3 lu.I 6 l/ 0 Plf v 0 "“ 0 P month and 15 in October. 117« 1 ¥1 upon the plan to license “Vadis” Popf With h»*OnPA bidding, first in major cities . I dtl If llll I 1 alltC ““d subsequently in towns of lesser population. ‘ivanhoe’ Dates Key to Policy SIMPP to Press for State Dept. Co-op In Working Out D.S. Pact With France With negotiations by the Ameri- can industry for a new film agree- ment with the French government having turned into- a shambles, Society of Independent Motion Pic- ture Producers is expected to push hard for the State Dept, to take a more active hand in working out a pact. Board of the Motion Picture Export Askn,, the majors’ overseas co-op, voted last week to send prexy Eric Johnston to Paris to re- negotiate the deal. SIMPP has always favored for- eign agreements being worked out by the State Dept, on a govern- ment-to-government level. It feels that Wasliington is able to bring more effective pressure to bear and that foreign powers are much less likely to weasel on agreements with the Government than with the industry. " Ellis G. Arnall, former Georgia governor and U, S, Price Stabilizer, who returned to active duty last week as prexy of SIMPP, is expect- ed to use his Washington know-how to get State’s support for the in- dustry’s case. Inasmuch as the in- dustry accepted a deal from the French along the lines desired by the Dept., SIMPP feels that Ameri- can producers have every right to expect full backing from Washing- ton. French pact is technically an agreement between governments. The original 1947 deal was worked out by James F. Byrnes, then Sec- retary of State, and Leon Blum, then French Foreign Minister. While the State Dept, has sat in on extension and renewals up to and including the negotiations that have taken place during the past several months, its participation has been more technical than ac- tual. Considerable Heat Situation exploded with consid- erable heat on the part of the MPEA board, eon.sisting of prexics and foreign managers of the major companies, when it learned la.st week that the French had reneged on renewal terms previously of- fered to and accepted by the MPEA. Giving rise to the burn was the impression among the American (Continued on page 15) GOLDEN EXITS‘VARIETY’ TO JOIN BANKERS TRUST Herb Golden, a member of the New York staff of Variety for the past 14 years, resigns at the end of this week to become associated with Bankers Trust Co., N.Y, Move marks an expansion by the b^Dk of its interest In the amusement field. Golden will serve in a new entertainment industries division, headed by v.p. Harry Watkins, and will specialise in financing of films, telepix, TV stations, radio and re- lated fields. Variety staffer will as.sume his new duties next Monday (15>. His headquarters will be at the bank’s Radio City branch, where the in- stitution's entertainment industries will be centered. Golden came to Variety from The Philadelphia Record. He was on leave-of-absence during the war when he served on the film staff of the U.S. Coordinator of Inter- American Affairs and in the Navy.