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riCTURES PTSSmff Wednesday, November '12, 1952 Blames Distribs; ‘Change Needed’ Charlotte, N. C., Nov. 11. 4 “The mo$t. pressing and acute immediate problem facing us to- 1 -clay is the "matter of priirtr shorl- j age,” Allred Starr, national presi- dent of Theatre Owners of Amer- ica, declared yesterday (Mon.) in an address to the Theatre Owners of .North and South Carolina at its 40th annual convention held here at the Hotel Charlotte. “Print shortages, as everyone knows, are brought about chiefly by multiple runs in a given area on the same clearance, resulting in day-and-dale contracts which the distributor finds it impossible to fulfill,” Starr said. “It is just too easy for* the distributor to charge the exhibitor with being the sole cause of this 1 unhappy situation,” Starr added. It is true that many exhibitors demand etfual clearance with other theatres over a wide area, but this demand stems most logically from the fact that all the exhibitors in that area are re- quired to pay the same terms for the pic ture/ ' Any exhibitor has the right toaslT himself why he should follow another theatre oh a later run when both are • paying the ' same terms. In many cases he would be very glad to drop back to 60 days or rtiore-' if he were given an incentive to do so by get- ting lower film rentals thereby. “In my opinion,” Starr contin- ued, “the distributor is almost en- tirely responsible for the shortage of prints that results from this un- healthy condition, and it seems perfectly obvious to ■ me that a change must be made lest the whole system Of clearances falls apart and chaos replaces it. ‘Senseless Policy* “At the bottom of this entire situation is the senseless policy of the distributors • of maintaining a (Continued on page 85) SWG Reports ’52 Profit, ~ Net Worth-of IfiOG Hollywood, Nov. 11. Regardless of inflation, strike troubles and other vicissitudes, the Screen Writers Guild finished the fiscal year of 1952 with an operat- ing profit and started the new 12-month with, a bankroll of more than $100,000. That was the annual report of Wells Root, SWG treas- urer, who disclosed that the ’SWG war against the Alliance of Tele- vision Film Producers had been financed largely by special assess- ments paid by working writers. Report showed that SWG mem- bership had increased approximate- ly 10% during the year, chiefly be- cause of the admission of television writers. • Herzog Quits Cinecolor Hollywood, Nov. 11. Karl Herzog, president, treasurer and director of Cinecolor Corp. for six years, has resigned and will be succeeded temporarily at* the stu- dio hy W. R. Yarnell, veepee and representative of the controlling company, the Donner Corp. Resignation includes the post of p resident apd dir ec tor of the Cine- color Realty ~Corp7 and "the' chair- manship of Cinecolor, Ltd., Lon- don. Arbitration Allows Pathe To Slice NX Lab Staff Without Union Ohay Precedent - making . arbitration award giving Pathe' Laboratories the right to reduce its permanent staff, “without being ’ required to obtain permission from the union to do so,” was handed down in New York Saturday (8). Award, which is binding on both parties, settles a lengthy dispute between Pathe Labs and the Lab- oratory Technicians Local 702, IATSE. Decision of arbitrator Sid- ney A. Wolff is seen setting an im- portant new pattern and affecting the status of Local 702 members at other labs. Case dates back to early this year when Pathe notified the union that it planned to lay off some 300 union members employed at its New York labs. The com- pany told Local 702 that it was ready to conform with severance pay and seniority requirements. The union balked, citing a 1945 industry-wide agreement which stipulated that no lab could dismiss workers Unless the volume of work fell below the level where it could be spread over a three-day week. Dispute then arose whether the 1945 clause? was still in force or had been superseded by two other agreements* in 1947, 1949 and 1951. Pathe called on' the Federal Con- ciliation Service to step in and an arbiter was appointed. Arbitration hearings have been going on since July. Parties were notified of the award Monday (10). In finding in favor of Pathe Labs, Wolff • stipulated that the provi- sions of tiie current pact as to sev- erance pay, seniority and good faith were * in full effect. Agree- ments covering all labs run two years with a new- pact due next year. Pathe stand was that .the 1947 agreement had eliminated the lay- off stipulation which it calls un fair to experienced workers. Rather than rotate the work, company feels it should have the right to • cut down on inexperienced men on P its staff. Pathe spokesman said Monday that some of the lab em- ployees have by now left of their own volition and that there had been no staff cuts due to vaca- tions and a certain volume of work. Outfit is said to be anxious to establish its right to trim its pay- roll according to its requirements and does not necessarily contem- plate large-scale dismissals. Exchange Aides Vote to Negotiate Pacts Individually In a surprise move, the Film Ex- change Employees, IATSE, via a referendum held among the vari- ous locals throughout, the U. S., have decided to conduct upcoming pact' talks with the distribs on an individual basis. Since 1946 con- fabs have been held on an overall basis, with IA prexy Richard F. Walsh dealing for the entire union. Present decision makes it necessary for each local to deal with the filmeries separately in each ex- change area. Present two-year pact expires Nov. 30 and talks with the distribs are expected to get underway early next month. The N. Y. local's board will meet tomorrow’ (Thurs.) to draw up proposals for presentation to the film companies. It’s antici- pated that the union will ask "for a 10% wage hike, a hike received by many IA unions in recent pact ne- gotiations. Two years ago Walsh obtained an overall $2,Q00,000 increase for the two-year period. FTC NIXES BULOVA AD TIE WITH OSCAR Washington, Nov. 11. Federal Trade Commission has worked out a stipulation whereby Buiova Watch Co. will cease using the words “Oscar” and “Academy Award” in advertising it;s watches. Academy of Motion Picture Arts and Sciences also signed the stipu- lation. “The Academy of Motion Pic- ture Arts and Sciences,” announced FTC, “agrees forthwith to cease and desist from authorizing the use of the words ‘Academy Award’ or the word ‘Oscar’ or any depic- tions or simulations of its statuette commonly known as. ‘Oscar’ as a designation of or in the advertis- ing of watches or any other com- modity which has NQT been the subject of an ^ award of merit or achievement in the field of mo- tion pictures unless, as a condition to the authorization, the licensee is required to state clearly that NO meritorious award is entailed and that its right to such use is by virtue of a licensing agreement. “The Buiova Watch Co. agrees to cease and desist from using ‘Academy Award’ or ‘Oscar’ unless it is made clear such use is made by virtue of a licensing agreement and is NOT representative of any meritorious award made on the basis of comparative tests with other watches.” Gualino Back in N.Y. Dr. Renato Gualino, director gen- eral of Italian Films Export and chief exec of IFE’s new distribut- ing organization in the U. S., fie./ in from Rome Monday (10) for two weeks. While in N. Y. Gualino is ex- pected to decide- on setting up branches and personnel. He will also continue his search for three Americans to joins the five-man board of the new setup. The board will include two Italians, one of whom will be Gualino. Exhibs Endorse Can. P.-R. Plan Toronto, Nov. 11. With some 300 chain or indepen- dent house managers present for the annual meeting of the Motion Picture Theatres Assn, of Ontario, they unanimously endorsed the set- up of an inter-industry public rela- tions plan for this country, the new organization to be tagged The Mo- tion Picture Institute of Canada. Working plans calls for a bl^nd of COMPO’s “Movietime,” plus creation of an organization, which would enhance boxoffice prestige through speakers, press releases, personal appearances of film, names, and the stimulated increase of filmgoers’ interest. 3, J. Fitzgibbons, president, Famous Players (Canadian), with some 690 houses across Canada, is honorary chairman; David Gries- dorf, general manager of Odeon Theatres, Arthur Rank’s chain of 170 houses in this country, will head the promotional drive; Reuben W. Bolstad, veepee and treasurer of Famous Players (Can- adian), is secretary-treasurer. Newly-elected directors of the MPTOA, who will select their ex- ecutive board within the fortnight, are: Morris Stein, Famous Players, Toronto;’William Summerville Jr., B &: F Theatres, Toronto; \E. G. Forsyth, Odeon Theatres - (Canada) Ltd., Toronto; Angus Jewell, Can- nington; Louis Consky, Haliburton; Jack Clarke, Toronto; Morris Ber- lin, Ottawa; H. C. D. Main, “Lis- towel; Harry S. Mandell, 20th Cen- tury Theatres, Toronto; J. D. Mc- Culloch, Petrolia; Floyd Rumford, Forest. . I ‘Eternity’ Film Ban Sought in 250G Suit Los Angeles t Nov. 11. Wayne Davis Choate, an Ameri- can Indian, filed an injunction suit to restrain Columbia from filming .“From Here to Eternity.” Action was brought in Superior Court in connection, with the plaintiff’s $250,000 damage ‘suit against Charles Scribners’ Sons .and James ■Jones, author of the book. Choate, a former professional boxer, declares one of the char- acters in the book places him in a “humiliating, disgracing and an- noying” position. Metro Will Have Gotten 38 Weeks at Music Hall In ’52; Tranhoe’ 8 Tops With “Plymouth Adventure” set to open at the Radio City Music Hall tomorrow (Thurs.) and “MiK lion Dollar Mermaid” to follow as the Xmas-New Year’s picture, Metro will have snared about 75% of the Hall’s playing -time for 1952, duplicating its 1951 record at the house. All in all, M-G pix .will have graced the Hall’s screen for a total of 38 weeks during ’52. “Ivanhoe,” chalking up eight weeks, had the longest run for the year, while “Too Young to Kiss” had the shortest for a Metro pix, running only two stanzas. “Plym- outh” marks the 70th M-G picture to play the Hall, the romance hav- ing started on Oct. 27, 1938, with “Young Dr. Kildare.” Metro’s “The Bad and the Beautiful” is pen- cilled in as the Hall’s first picture of 1953. Meanwhile, “Plymouth” is sched- uled for 400 Thanksgiving Week openings, the greatest number in any seven-day period for a single picture in the history of the com- pany. Studios Seen Oscar Backing Chi Mayor Upholds Turndown of ‘Miracle’ Chicago, Nov. 11. Mayor Martin Kennelly in a de- cision upholding the police censor board’s turndown for a permit for “The Miracle” last week left a path open that may lead all the way to the U. S. Supreme Court. Kennelly in his letter to American Civil Liberties Union secretary Ed Myerding didn’t mention the mat- ter of upholding’ religion to deri- sion, which was a prominent issue heretofore and the matter on which the highest court ruled on. The mayor said that the film violated the section of the code pertaining to “immoral and ob- scene performances.” Myerding said that legal action will now take place and that the ACLU lawyers would meet this week to map plans, to defeat the censor's actions. Future of studio support for .Academy Awards is up in the air again but indications are the ma- jors will stick with the. Oscar ritual at least for another year. Question of continued studio coin for the Awards now recurs annually. It was kicked around again at a board meeting of the Motion Picture Assn, of America in New,'York last week with in- conclusive, results. Topic was taken up at the’ request of Coast execs to sound out Eastern opinion. Three* majors—Metro, 20th-Fox and . Paramount—declared them- selves firmly in. favor of continued Oscar stagings. Trio contributes the larger share of the Awards coin,’ which is pro-rated on the basis of dues paid to the Assn, of Motion Picture Producers. Resignation of Jack L. Warner from the Academy some months ago gave rise to reports that Warners had withdrawn its support from the Awards. At the board meeting* in New York, WB. rep Sam Schneider said flatly that it would be “erroneous” to draw such a conclusion from Warner’s move. The WB studio head, one. of the early supporters of the Oscar idea, pleaded pressure of work in re- signing from the Academy.. Rest of the companies haven’t decided finally on their stand. Tenor of their comments, however, indicated no serious objections be- yond those that have been voiced over the past years. Execs feel producers and direc- tors tend to spend too much time trying to turn out Oscar winners, and that production and release schedules are arranged artificially to meet the Awards deadline of Dec. 31. In the past, too, charge has been made that Academy mem- bers lean too much towards arty pix which don't earn their keep at the b.o. Exhibs take similar tack. Bally created by the Oscar presentations benefits the theatres, they say, and focuses attention on film personali- ties, Publicity attending Award- winning pix also restores their value at the b.o. and results in repeat bookings. *+ Planning to operate between 15 and 20 theatres by the end of 1953 as well as produce new films, Gin- era ma_Productiqn Corp. is attempt- ing to work out a public financing deal. Discussions are being held with numerous underwriters to sot up a stock issue. Meanwhile, com- pany has 20 sets of equipment on order and has been surveying the- atres in various cities to determine which ones would be best to pre- sent the new film medium. Current plans are to present “This Is Cinerama,” its demonstra- tion film, next in Chicago with a Loop opening scheduled for late January. No deal has been, set yet for a Chi theatre, a number still being under consideration. Meanwhile, confabs on Cinerama production plans were held in New York last week. Louis B. Mayer, board chairman; Dudley Roberts, Jr., pre;xy; Frank M. Smith, veepee, and Merian C. Cooper, general manager in charge of production, participated in the talks. Cinerama has a number of scripts lined up, but hasn’t decided on the first ef- fort of its production slate. Confabs will shift to the Coast next week. Roberts and Smith leave for the Coast Saturday (15) while Lynn Farnol, Cinerama publicist, planes out next Monday. Mayer will go west direct from Miami. Max Gendel, FamoL’s . p.a. aide at Cinerama, leaves next week for Chi to set up ah installation there. N. Y. to L. A. Mack David Alfred Drake L. Wolfe Gilbert Artie Jacobson Irving P. Lazar Peter Levathes Jerry Pickman Glenn E. Wallichs Europe to N. Y. Cecil Beaton Lucretia Bori Yvonne De Carlo Lloyd Griggs Eileen Herlie J. Higham Russell Holman Bill Johnson Elia Kazan Mary Martin Alexis Minotis Katina Paxinou Harry M. Popkin Milton R. Rackmil Pavld Rose , Raoul Walsh » Metro Withdrawing Wadis’ for 3 Years, Then Pop-Price Release Following the pattern estab- lished when “Gone With.the Wind” was first released, Metro has with- drawn “Quo Vadis” from the mar- ket, with Dec. 31 as the cutoff date. Idea is to hold the pic out of circu- lation for about three years and then to re-release it at popular prices. Same plan was followed with “Gone,” the pic having been Reissued four times following pe- riodic layoffs. A fifth release is currently being contemplated. First indication that Metro planned to withdraw “Quo Vadis” was contained in an. Oct. 28 wire to all exchanges from the home- office. Wire asked the regional sales offices to inform the h.o. if all bookings would be ’ Completed by the end of the year. Told by all branches that all contracts would be liquidated by the last day of December, a letter, signed by E. M. Saunders, assistant gen- eral sales manager, was dispatched to all exchanges on Nov. 6 telling them to “withdraw this picture from circulation” as of Dec. 31. It stressed that there would be no ex- ceptions. Metro sales execs pointed out that there was nothing unusual in this order and that exhibs. were no- tified that this would take place when M-G first announced its sales policy for “QV.” Pic was released in Nov. 1950. L. A. to N. Y. Desi Amaz Diana Barrymore Mort Blumenstock Frederick Brisson Ruth Cummings Tony Curtis Howard Duff Frances Faye Peggy Ann Gamer Abner J. Greshler Don Hartman Tom Helmore Danny Kaye Julian Lesser Jerry D. Lewis Bill Loeb Ida Lupino Margaret O’Brien George Oppenheimer Roy Rowland Loring Smith Bob Wachsman Jack L. Warner Margaret Whiting N. Y, to Europe Howard Duff Paul Groll Eric Johnston Ida Lupino Joyce O’Hara George Weltner