Variety (February 1959)

* -ttri**'}*'*' PICTURES Wednesday, February 11, 1959 'Obscenity* As Wedge, Then Expand Concept If It Gets By Courts—Would Include Showman Columbus, Feb. 10. State Sen. Robert R. Shaw <of Columbus) has introduced Senate Bill 115, which would re-establish f ilm censorship in Ohio and define obscene films. The bill would set up a five-member Ohio Motion Pic¬ ture Board withjn the State Dept, of Commerce, to serve at a j>er. diem salary of $50, by appoinment of the Governor. Members would include representatives of the Dept* pf Commerce and the Dept, of Education, and three at-large members, including* one film in¬ dustry representative. Shaw said that if a statute censoring motion pictures is to. be upheld in the courts, it would have to be limited to “obscenity.” However, once the courts have passed upon the ques¬ tion of constitutionality, the Legis¬ lature could then expand the scope of censorship, he said. His bill defines obscenity as follows: "A motion picture is obscene if, considered as a-whole, its predominant appeal is to pru¬ rient interest, that is, a shame¬ ful or morbid interest in nudi¬ ty, sex or excretion, and if it goes substantially beyond cus¬ tomary limits of candor in de¬ scription or representation of such matters .** Seek Censor Fee Refund Columbus, Feb. 10. Following on the heels Of a similar suit filed earlier by Paramount Pictures Corp., 20th Century-Fox Corp. has also filed a suit in U. S. Dis¬ trict Court at Columbus to collect censorship fees paid into the Ohio treasury before the state’s film censorship law was declared unconstitutional in 1954. Paramount’s suit was for $54,000, while the 20th suit is for $750,000. The latter filed against ■ 10 state and former state officials. The U. S. Su¬ preme Court declared Ohio film censorship was unconsti¬ tutional. The first censorship fee in Ohio was collected in 1915. A fee of 93 per $1,000 feet of film bad been charged for censorship in recent years. RAPS FILM POSTERS, BUT NOT TO THEATRE Jackson, O., Feb. 10. Jackson County Board of Educa- deadly weapon SHOOTING INCIDENT Atlantan Resists. Quieting In Theatre—Draws Bullets Atlanta, Feb. 10. Robert Lee Slaton, 32, junk dealer, was shot and seriously wounded Wednesday (4) night by Patrolman J. N. Gibby following a disturbance in Empire Theatre, Atlanta nabe house, „ Gibby said he went into Empire when a girl rushed out and told him a man was creating a disturb¬ ance inside. Gibby said Slaton and another man were shouting at each other and he told them to be quiet or leave the theatre. Gibby said Slaton picked him up and threw him down in theatre aisle and ran from house, Gibby said he followed and caught up with Slaton, who turned on him with a knife, shouting:, “i’ll kill you, you —- Patrolman said Slaton then slashed at him and cut his hand. “I fell backwards and he kept coming and I grabbed my revolver and fired twice.” Gibby said wounded man ran over him and disappeared in di¬ rection of theatre. Patrolmen F. W. Johnson and M. G. Redding caught Slaton on street near theatre and took him to hospital. Gibby said Slaton was charged with drunk and disorderly con¬ duct, disturbance, cursing, assault on an officer and assault with a tomary limits of candor in de- tion has made a public protest Armed bandit held up cashier scription or representation of against “a growing tendency to- Miss Dolores Burrell, 18, on duty such matters** ' ward public displays of obscenity at Fox Theatre boxoffice and made rirnv idpc fnr the original and immorality in films, posters, off with $570 Thursday (5) evening. ^ut of cSn- and newsstand publications.” By An usher, Ronnie Mills, witnessed Tf it finds a film obscene formal resolution, the hoard urged holdup and followed gunman, who «S^M .„L^f?t,?indlne s to e?ci; revival of lilm censorship in was joined after heirt by a com- ^n/tathe oeSm the a ‘ a ‘c- Eariier. the Greenfield panion. He kept them in sight 2%^ 1ri£S boaided “ d Whether or S d ^ d f d T„^ish to wider^sK 1 Srfttag. * private ^detective, not the film should be approved, u^of t&s renort wh£h also at- Mills told him what had happened,; and the person presenting Ihe film Sed ^fpSter SSeity. a ? d asked to notlfypohce. would he given an opportunity to , _ Message, somehow, was garbled be heard. A majority of the board p and debarked from trolley be-i could issue'or • '«**j? cata p aa &s ^ display ta *°if on patro1 car s could swing into fusideouid be made within 30 days •[?'S°«m,v maeazhfefV^nuWdc Gunman, described by near- Pleafc^rf^ C0 “ ty C — newsstands y shoJd be Of serious ^’^ r ^ 1 g ht h ^ a ba b d ei,1 t E ee , S; dd ald The public display of a film not c °neem to all paren s. . clothed, walked up to box- submitted or approved by the There is only one film house m office, flashed a gun and said: board would subject the offender Jackson; owned by the Chaker^ “Young lady, give me all the to a fine of from $10fl to $500 for chain of SprmgLeld, O. Robert money.” Nervous girl hesitated and a first offense, and from $500 to Oda, manager of the theatre, said bandit repeated his request several $1,000 for subsequent offenses. For ,^5^*2 times * showing a motion picture trailer d Miss Burrell turned and looked which includes scenes from a film Qn ^ phase of thls matter. - a t usher Mills standing behind her. which has not been approved, the “Better do what he says,” youth penalty would range from a fine pi • p i D advised, so she shelled out bills of $100 to $500, or a prison sen- UU V,6nSCTS L6SS D11SY from till and then complied when fence of from 30 to 90 days,* or Chicago Feb 10 he asked for rolled coins and a both, for each offense. Doubtless reflectinl Hollywood's £?i al box where roore chan6e was production downbeat, Chicago mo- • pi * ___ Kansas lady Censors Snip '‘alT'o™ mcelmurry-s brain injury <t rJ EnniAffn* the previous annum. Reduction Houston, Feb. 10. Laurent I ayoil rootage, was an domestic, since an increase Kenneth McElmurry, manager of TP I in foreign product passed before the Eastwood Theatre, is in St. Trans-Lax forces iSSOe the panel. Joseph’s Hospital here with a pOs- both, for each offense. Kansas lady Censors Snip . ‘Laurent’ Payoff Footage; Miss BurreU turned and looked at usher Mills standing behind her. “Better do what he says,” youth advised, so she sheUed out bills from tin and then complied -when he asked for rolled coins and a metal box where more change was McELMURRY'S BRAIN INJURY Houston, Feb. 10. Kenneth McElmurry, manager of Trans-Lnx Forces Issue the pane” _ -m Total pix submitted to the cen- stole brain concussion. As he was i Kansas City, * eh iu, sors lagt year was 853> of which | leaving the theatre McElmurry saw Legai actionto prevent the 3Kan- 263 were imports> wh n e ibe 1957 a youth stripping his car. figures respectively were 894 and When he intervened the youth the childbirth^scene from ^ The 232. Police statistics also reflect a * struck him a hard blow, to the Case of Dr. Lajrent is bemg t_ken so ftening of censorial harshness,: head with either a tire tool or a Prudery Proves Potent Publicist 'Garden of Eden’ Hits Boston for Big Week and Critics Agree With Judges’ 'Dull, Not Obscene* by Trans-Lux DistributingXorp ™ ££ rejStions in ’57 2 \ ^crStiskw^ fUm eV foTsh?wtag to kLLs, but -duly two last year., i blood in the spinal column. snipped out the key scene. This _ has in effect killed showing of the 1\ J “ IV Tlx ■ fk 1 1* * l ss&sss; Prudery Proves Potent Publicist first run Fox Midwest houses in " * Kansas City where it did notable, --=— - ness° Ugh DOt overwhemm ° bUbl 'Garden of Eden’Hits Boston for Big Week and Trans^Lux is charging that the Critics Agree With Judges’ 'Dull. Not Obscene* censor body is illegal; since its au- *•.**.* ¥T thority was overruled by the Su- .- PTheMooTL Blue ’^K Jsa? leefl Boston, Feb. 10. ' said: “Apart from the effect of nnna nhSiciiPrihnfr? “Garden of Eden,” Which the the showing of nudity, the picture then reversed^he ndes to let it not’oteeene "°mt “.sabstantiaily free of erotic ap- livp Tt “cplf '» fees found dull, but not obscene, got peal. S bycommercialdistributors at teflrrt Boston showing and fl.-sf The picture had been shown Se rate of SI 75 oer reS sunnort- in state smee the justices’ decision, about three and one half years ago. tag the tieiwomi taard PP at E , M - Loaw ' a c “ ta r Theatre in in smaller htassaehnsetU. towns. State anthorities were consider- downtown Hub and roUed up a and was raided m Fall River, by ablv raffled bl the iSS-Lux wham 5 15 ’ 000 for the first week, police, three years ago. During the threat, and KanLs Attorney Gen- ^ pegged the vfar, V J%* JSSSS* eral John Anderson vowed he ad ^±: a ‘, h. EDITORIAL GRATITUDE Commerce, Tex., Feb. 10. eral John Imdeion vowed he admish at 75-$1.25. three years, with appeal after ap- woid dSend the lawsifitTn full gening Wednesday (4), the peal by the booker, Benjamin P. 0 a _f_ a m ’ nudie film, which the justices re- Rogers, and the projectionist, An- FniTnPlAl rDATlTiinP viewed as “an uninteresting por- tone T. Moniz, the picture was out tUHUKlAL ItKAIIIUUc trayal of how nudists have normal of circulation in Mass. * T „ C ° 1 ^ nerce ’ ^ ex \ Feb ;. x 1 ?* „ lives,” pulled lines of males. Hub The color print was returned to A. W. Lilly and Douglas Mitchell film critics reviewing “Garden of the distrib by the-court and Rogers of the Palace Theatre were the Eden” agreed to a man with the and Moniz were cleared of eonvic- subjects of an editorial which ap- justices’ review, but biz continued tion in lower court of presenting, a peared in the Commerce ‘JoumaL so good that “Garden” is being salacious film. The Supreme-Court The newspaper commended the held over for a second week. decision came Jan. 21. duo for the fine quality of films Walter Bilbo, prexy of Excelsior, Cashing in on the resultant pub- they have offered to the citizens owners of the contro,nudie film, licity from the Supreme Court of the city. journed to Hub and stayed three case, and using a heavy advertise The Lilly family members have days to watch resalts, returning to mg schedule, the house - attracted been in the picture show biz here Manhattan Sunday night (8). capacity auds. Local reviewers had for more than 46 years. 1 The justices in their decision a field day with the film. New York Sound Track If a Western Union teletypist’s interest in the new Marilyn Monroe picture, “Some Like It Hot,” (UA) is any barometer, this is a sure¬ fire want-tcr-see film. The WU gal queried Variety, “We have a copy of the wire JJiat was sent to about 158 critics (including Variety); is there any chance of our getting in with a copy too? Did you hear anything about whether they would have a checking list for that many they invited? Can you please find out for me?” Variety dissuaded them of the idea. The telegram specifically stated that the wire was the identity for admission. Caedmon is the label of book publisher Harper & Bros.* recordings of the spoken word .. . These include readings by Noel Coward, Marga¬ ret Leighton, Hurd Hatfield, Sir Ralph Richardson, Cyril Cusack, Peggy Ashcroft, Frederic Wdflock, C. R. M. Brookes, Boris" Karloff, Joan Greenwood, Stanley Holloway, Joyce Grenfell, Celia Jonhson, plus a $10.95 LP, In French, of Voltaire’s “Candide,” read by Robert Franc and Lilyan Chauvin .and a cast. , Neil Cooper, for four years with Music Corp. of America as an agent, has joined Famous-Artists in its films and new talent depart¬ ment . . . The controversial German film, “Das Maedchen Rosemarie,” has been sold . . . Distributors Corp. of America acquiring^ the new Alan Freed rock ’n* roll pic," “Go, Johnny, Go,” shot in GotHanr. Also John Cromwell’s “The Scavengers.” f . It had to happen: a one-shot on “The Best of Brigitte_ Bardot” Which Engene Tillinger has gotten out; 140 photos, text to match. Actor-writer Joseph Julien off to JParis to do the Jean' Gabin part in the English-dubbed version of "Inspector Maigret.” Julien then heads for London to attend the rehearsals of his play, “The Gim¬ mick,” which’ll tour before opening in London . . . Danny Kaye’s one- man show opens at the Curran Theatre in San Francisco on Feb. 17. While the February issue of Harper’s Bazaar carries a cover blurb that it’s the first mag to publish a Paddy Chayefsky short story, it ne¬ glects to mention—despite a promise to the author—that the story is nine years old. Ellen Silverstone, daughter of Emanuel Silverstone, 20th-Fox Inter¬ national veep, and a UN aide, engaged to Richard M. Hammer, Prince¬ ton alumnus now with. Price, Waterhouse. Practically every motion picture film VIP and his wife, and other show biz toppers were at Temple Emanu-El last Friday (6) midday for the services for Mrs. Harry M. (Nettie) Kalmine, Wife of the Stanley Warner veepee and managing director of operations. Although a vic¬ tim of cancer, which hecessiated surgery last fall^the end came as a surprise to their intimates. Short subject starring Pearl Bailey which George Bilson produced for the Los Angeles Bureau of Adoptions to enlist interest in the adop¬ tion of Negro children has paid off terrifically. Briefie was shown both on tv, .over KTTV, and in Negro theatres. Last -week a total of 78- ap¬ plications were received by the bureau as a direct result of the reel; All services, including guilds and unions, were donated gratis. . Word from New Delhi: James Stewart hunting tigers in eastern state of Assam .... Indian film actor-producer I. S. Jonar mulling offer of Bipadway-debut role in Pearl Buck’s “My Indian Family,” with music by Paul Francis Webster . . . Edwgrd Dmytryk, director of upcoming film “The-Mountain Is Young” (Par), and party in India enroute to survey-tour of Nepal, location for “Mountain” . . . First CinemaStope film with 100% Indian cast and' technicians, Guru Dutt’s “Kaagaz ke Phool’- (Paper Flower), shooting in Bombay. . In order to casji in on David Niven’s between-trains Zurich stay to focus attention on forthcoming “Separate Tables,” Unartiscb S. A. Geneva, Swiss reps for United Artists, threw a rush press meeting at the Baur au Lac Hotel. . . Niven, accompanied by his wife, proceeded to skiing resort Klosters for a week of holidaying. Then'to London for the opening of “Tables” and back to the Coast to start “Anniver¬ sary Waltz,” Joseph Fields production for UA release starring Niven and Mitzi Gaynor. \ Willard Van Dyke Productions Inc. has been authorized to conduct a motion picture business in New York, with capital stock of 200 shares, no par value. Directors are: Willard Van Dyke, Attorney Ralph J. Palmer and Henry H. Zolki Palmer. Masis & Palmer, 320 Broadway, were filing attorneys at Albany. Sam Spiegel continued to add to awards for “Bridge On the River Kwai,” receiving two from Japan—a silver cup from Film Friends Club and a medal-from the newspaper Yukan Fuluninchi Shimbun . “Cinerama South Seas Adventure,” now in its 31st week on Broadway, will have its first overseas showing in Caracas, Venezuela, on March 29 . . . Stanley Schneider, assistant treasurer of Columbia Interna¬ tional, visiting the company’s London office . . . George Hornstein’s Cinematograph International named exclusive U S. distributor of Cine- meccanica’s Victoria,X 70/35m all-purpose 'projection "and sound sys¬ tem . . . Metro readying two five-minute tv shorts for use in long- range bally of “Ben-Hur.” Joseph Mankiewicz will direct Tennessee Williams’ “Suddenly, Last Summer” for producer Sam Spiegel’s Columbia Pictures releasing slate, to star Elizabeth Taylor . . . Lester Sanson is prepping produc¬ tion of “The Death of the Hornet,” based on the U.S. Navy .carrier of World War II, for Allied Artists . . . Ralph Richardson will star with Sir Alec Guinness and Mr. Noel Coward in Columbia Pictures’ British production of “Our Man in Havana” by Mr. Graham Greene . . . Ar- win-Columbia changed title of “The Jane from Maine” to “It Hap¬ pened to Jane” . . . Masin-Rackin signed Richard Fleischer to direct “The Alaskans,” John Wayne starrer for 20th-Fox distribution . . . Lowell S. Hawley will script Walt Disney’s “Swiss Family Robinson,” swinging over from doing producer’s “Zorro” telesegments. Metro, with plans for musicalizing “Huckleberry. Finn,” has pro¬ tested Warner Bros.’ registration of same tab . . . Alex Segal switches from tv direction to chore on Arthur Freed’s Metro production, “Sub¬ terranean” . . . James B. Harris and Stanley Kubrick registered “Twelve-Year-Old Woman” with MPAA as protection of their project¬ ed production, “Lolita” . . . producer Ted Richmond and writer Irwin Shaw, currently in Madrid, are-projecting indie production of “The Lost Steps,” Shaw script based on novel by Ale jo Carpantier . 4 . Fer¬ rell Thompson will script his own hovel, “The Deep End,” initialer for hew A. C. Lyles Productions . .. Gloria Grahame returns to screen from two-yfear absence in Harry Belafonte starrer, “Odds .Against To¬ morrow,” UA release. Sidney Poitier, currently oh the road with 44 Raisin in the Sun” legit- er, plans to appear in “All the Young Men,”, film to be shot this sum¬ mer. Background is the Korean war . . . Variety’s item last week, re the Plaza Theatre booking of the Veit Harlan picture, “The Third Sex,” caused a stir . . * Unitedr-Press International took infra-red pix of Marilyn Monroe- watching her own own “Some Like it Hot” at Loew’s Lexington preview last week. Film drew one of the.most spirit¬ ed preview crowds of recent memory. Dinner at the Waldorf-Astoria honoring Loew’s prexy Joseph R. Vogel in. connection with a March of. Dimes fund-raising drive has been called off. Fete, originally scheduled for tonight (Wed.) was can¬ celled, according to honorary- committee chairman Spyros Skouras, because of “the heavy pressure of company business which necessi¬ tates the presence” of Vogel on the Coast.; There’s ajiew caste sys¬ tem at the Warner Bros, studio. The displaced New Yorkers who shift¬ ed to the Coast when the company moved all its activities there, all sit together at lunch in the commissary ... Joseph Tomlinson and Stanley Meyer, well-remembered for their connection in Loew’s Inc. corporate affairs, have $15,000' and $3,000, respectively, invested in David Suss* kind’s Broadway production. of “Roshomon.” ... Charlton Heston, who’s played Moses and Ben-Hur, refers to himself as “the world’s j greatest imitation Jew.”