Variety (March 1959)

Wednesday, March 18, 1959 VSfttETY FICTUUKS 7 MOOSE JAWS AT POOR MOUTH Daily Sees Filins 'Selfish’ on DST Minneapolis, March 17. Minneapolis Morning Tribune has come out strongly editorially in favor of the permanency of daylight saving time which Minne¬ sota exhibitors are fighting because of its damage to the boxoffice the past two summers and which is an issue before the present state legislature. ~ “In our opinion, Minnesota’s experience with DST since 1957 has clearly justified its continuance for the whole estate,” the lengthy editorial declared in part. “It is true that some persons have been inconvenienced by it. It is also true that tha moving picture interests, .which seem to be spearheading the drive against . it, have some reason to complain about its effect on business. “But on balance DST has been a boon to the state . . . The legis¬ lature should consider the over-all interest of the state as it de¬ bates DST and not merely the protests of groups that have a spe¬ cial business stake in prohibiti ng it.” ___ Sad, Expected End of Rank-Yank Which Zigged While U.S Zagged After close to two years of try-4—-- Gags Top Menu at Writers’ Annual; Spoof Dixie, Wald, Jack L. & Spiegel - ; - ; -♦ ing to crack the American market with its own distributing organiza¬ tion, the Rank Organization is giv¬ ing up the fight. It’ll fold its tents in the States March 28, turning over current product and backlog to Lopert Films Inc., a subdivision of United Artists. Terse, two-paragraph statement said that “owing to difficulties ex¬ isting in the industry,’’ Rank Film Distributors of America couldn’t successfully continue operations. Development hadn’t been unex¬ pected in the light of Rank-Yank history. With a base overhead run¬ ning to around $50,000 weekly, the outfit was known to be running heavily in the red. During the past year, it also lost considerable amounts in the operation of two New York houses, the Sutton and the Odeon. When the Sutton, finally did pick up a hit (“Gigi”), Rank wasn’t in. Straw that broke the camel’s back apparently was “A Night to Remember,” on which the Rank Org banked its hopes. Pic didn’t pan out as expected. It's now part of the package which Rank-Yank is turning over to Lopert. The films (32 released and 16 unreleased) will be sold by the Lopert outfit and not via the regular UA channels, which couldn’t handle them. Background RFDA was set up in the wake of a number of sharp, attacks on U.S. exhibitors by John Davis, Rank managing director, who charged that American theatres were by¬ passing the Rank films, then re¬ leased via Universal. Reports were that the British Government had made available convertibility of $2,000,000 for Rank to launch his U.S. project. It became obvious almost from the beginning-—the initial release was “Reach for the Sky,” which grossed just over $100,000,—that the Rank product was coming through quality-wise. For instance, •when Rank’s U.S. topper, Kenneth Hargreaves, acquired the Sutton Theatre, it was admitted before long that the films Rank was send¬ ing to the States were more of the exploitation than the “art” variety. The biggest Rank grosser was “Pursuit of the Graf Spee,” which will hit over $500,000. A large number of releases, didn’t go be- y.ohd $50,000 to $75,000, however. The trade generally was astonished at*the expansionist policy pursued* by the Rank outfit, which main¬ tained more branches than any other independent and, conse¬ quently, incurred a large overhead. Variety headline in 1958, over a story discussing Rank’s many of¬ fices, read: “Rank Zigs While U.S. Zags.” In recent months, Rank- Yank undertook stringent economy measured, lopping off personnel and closing some branches. It’s possible that, under the Universal “split,” which continues through August 31, 1961, U will accept a larger number of Rank features. C & G Film Effects Inc. has been authorized to conduct a motion pic¬ tures business in New York, with capital stock of 200 shares, no par value. Myron Saland is a director and filing attorney. ‘Hercules’—Style Feed Joseph Levine’s Embassy Pictures reports 1,250 accept¬ ances for Friday’s (20) ex¬ ploitation luncheon focusing on Levine’s Italian, import, “Hercules.” Takes place in the grand ballroom of the Waldorf-Astoria, N. Y. Program includes the show¬ ing of scenes from the pic¬ ture, music under Meyer Davis’ baton and a “Hercules” theme song vocal by Vaughn Monroe. Davis is flying up from Florida for the occasion. Attending from Rome will be Pietro Francisci, whG directed the production. He’s due in Gotham today (Wed). Sol Fisher’s New lame’Charge Minneapolis, March 17. Although he lost his first round, circuit owner Sol Fisher is going ahead with a damage suit against Warner Bros, for failing to service his two local theatres in the earl¬ iest clearance slot, 28 days, with “Auntie Marne” at the same time it furnished its only prints to seven other houses having the same availability. The first round found Judge Paul Jaroscak refusing to grant Fisher an order temporarily restraining Warner Bros, from releasing the picture day and. date to seven other favored uptown theatres. But now the case is on the dis¬ trict court calendar with Fisher in quest of a permanent injunction to prevent any more such alleged “discrimination” against his two 28-day houses and to obtain $100,-. 000 punitive and other actual damages to be determined by a jury. Fisher’s counsel, Henry and Sid¬ ney Blacker, this week are taking interrogatories from Warner Bros, officials and from the 28nday ex¬ hibitors who just finished playing “Auntie Marne.” The attorneys assert that these interrogatories show that the thea¬ tres in question did record-break¬ ing business with the picture. It’ll also be revealed that Fisher not only suffered a temporary loss of profits “to which he was as much entitled as the seven favored ex¬ hibitors, but also that the two Fisher theatres were damaged monetarily otherwise,” according to the counsel. This latter, say the lawyers, be¬ cause the Fisher theatres’ prestige was hurt permanently in not being able to play such an outstanding attraction at the same time as the seven theatres with which it’s sup¬ posed to be on the same plane. The Blackers also reveal they plan to bring another Federal court suit in Fisher’s behalf, al¬ leging an antitrust violation and conspiracy involved in the “dis¬ crimination” against their client if the contents of their interroga¬ tories back up . their allegations to the expected extent. This addi¬ tional action will seek further (Continued on page 24) BERATE EXHIBS’ TIN-GUP PLEAS Moose Jaw, Sask., March 17. One of the three theatres in the city is closing and another may follow suit but city council is sticking to its decision to not re¬ duce, or abolish, amusement tax. J. G. Dorfman, whose Orpheum theatre is leased to Famous Play- 4 ers, said in a letter to council that his house would close immediately and 12 persons would be out of work. Urging reconsideration of the tax issue, he claimed Famous Players was closing the house be¬ cause of council’s earlier stand. The matter, was raised several months ago when theatremen sought abolishment of the 10% tax. Council’s finance section first recommended a 2% cut, and latter suggested a 3% cut. Council, how¬ ever, decided the 10% tax would remain in force. When Dorfman’s letter was read. Mayor O. B. Fysh advocated a change of heart by council and hinted that the Studio theatre might also close. After a lengthy discussion, a motion to file the correspondence was passed by a one vote margin. Mayor Fysh said the city stood to lose $8,116 a year in amuse¬ ment tax if the two theatres closed. Also, 22 people would be out of work. “These theatres keep implying that they are paying the amuse¬ ment tax, but they are not,” said Aid. S. Brodie. “The customers pay the tax, which the theatres collect and pay to the city—and they get one-tenth as commission for doing it. too.” Aid. Tom Norman voiced ob¬ jection to. the attitude of the thea¬ tres. “I resent the theatre people apparently pressuring city coun¬ cil,” he said. “Some of their state¬ ments sometimes appear to be threats. They state now that the Orpheum will be closed. Well, that does not come as any surprise to members of the finance section. We were led to believe long ago it might be closed.” He contended the film business should start at the top when par¬ ing costs. He felt they could save money by cutting down on some of the salaries paid stars and corporate officials, rather than by .asking local government to forego amusement tax which was not the theatres’ money in the first place. Aid. George Baskwill’s stand was that the people of Moose Jaw shouldn’t be asked to subsidize a sick industry. “If it cannot stand on its own merits, then it must t go under—the way of all weak! things,” he said. Mayor Fysh was asked if there was any assurance that the Orpheum would remain open if granted some tax concession. As far as he could determine, the rep¬ resentatives would make a strong recommendation to this effect to the head office, he said. Variety Clubs’ Charity Des Moines, March 17. George Eby, Pittsburgh, Va¬ riety Clubs International presi¬ dent, came to Des Moines for a membership meeting and in¬ duction of new members of the Des Moines chapter, and said the outlook in show business is good and the future is opti¬ mistic. Woodrow Praught. chief barker of Tent 15 here, and co-manager for Tri-States Theater Corp., told the meet¬ ing about the latest charitable enterprise by the Des Moines club. It has establised a fund to help children afflicted with cystic fibrosis. Eby said the new project is in keeping with the Variety clubs philosophy. “We raise $3,000,000 year for children’s charities,” he said. “Ours is the only charitable organiza¬ tion that comes from an indus¬ try itself.” Francis the Mule, Mind or Matter? Washington, March 17. The U.S. Supreme Court has been asked to decide whether Francis, the talking Army mule, should be entitled to certain tax benefits because she is more mind than matter. David Stern III, newspaper publisher who created Francis while he was a World War II sec¬ ond lieutenant, has appealed a ruling from the Fifth U.S. Circuit Appeals Court, which held that Francis was a “literary composi¬ tion” and not ah “intellectual con¬ ception,” as Stern contended. As a “literary composition,” profits received by S l em from the sale of Francis to Universal Pic¬ tures are not considered capital gains assets for tax purposes. The reverse is true if Francis is found to be an “intellectual conception.” At issue is whether a non-copy¬ rightable fictional character like Francis, first conceived and used in a book and subsequently sold for exclusive use in motion pic¬ tures, can be excluded from capi¬ tal gains assets along with other “literary, musical or artistic com¬ positions.” Stern first sold motion picture rights to his book, “Francis,” to Universal in 1947. In 1950, the motion picture company purchased the character Francis and pro¬ duced six additional films. By BOB CHANDLER Hollywood, March 17. S. N. Behrman and George Froesehel, Nathan E. Douglas and Harold Smith, Alan Jay Lerner and Nunnally Johnson won the 11th annual Screen Writers Awards last Friday (13) at the annual din¬ ner-show of the Screen Writers Branch of the Writers Guild of America West. Berhman and Froesehel copped the “best written American com¬ edy” for their screenplay of “Me and the Colonel.” Douglas and Smith won the “best written Amer¬ ican drama” prize for the screen¬ play of “The Defiant Ones.” Ler- ner’s screenplay for “Gigi” won him the award for best-written musical. And Johnson won the coveted Laurel Award for lasting contributions to the literature of the screen. Presentations were made before a packed house at the Moulin Rouge, which had turned out as much for the show which followed as for the awards. They weren’t disappointed. A gallery of Holly¬ wood's top writing credits deliv¬ ered some devasting material into the hands of some of the town’s top talent, and the results were hilarious. Show, comprising four main sketches, a number of blackouts, a monolog and several special mate¬ rial numbers, ranged far and wide over the film scene, but didn’t spare the horses in naming names. Closing sketch, for example, was titled “Lolita,” and with Tony Cur¬ tis playing 26-year-old James Har¬ ris and Tony Randall “the 29-year- old Stanley Kubrick,” it took as its premise the point that neither of them had read the book when they bought screen rights. Upon discov¬ ery of the story, they decided “it couldn’t get a seal in Tiajuana.” Otto Preminger, Jack Warner, Dore Schary, Leonard Spigelgass, Abe Lastfogel, Lew Wasserman. Sam Spiegel, Rod Serling, Jerry Wald and a host of others came in for special mention. But the high¬ light of the evening was a “Person to Person” sketch scripted by Hal Kanter, with Gig Young as Ed Murrow visiting Jack Warden, a southern writer (mostly Tennessee Williams). Warden and Shirley MacLaine, as his simple-minded and incestuous sister, walked off with the honors in a hilarious, madcap turn that wound up with Warden, living in a pig sty, sleep¬ ing with his sister, married to a man, blasting Hollywood’s produc¬ ers as “degenerates.” Other top turns of the evening included Peter Ustinov’s monolog on his first encounter, accent and all, with Michael Curtiz; Eddie Al¬ bert’s stint as a writer with a sec¬ retary problem (among them Caro¬ lyn Jones, Verna Felton, Eileen Heckart and Jayne Mansfield); Barry Sullivan, Jesse White and Jackie Coogan in a sex-among-the- tv-comedy writers turn; Danny Arnold, Herb Baker and A1 Lewis in an opening “Go Out To a Movie Tonight” number, and Arnold and Baker leading a “This Old Town” parody of the “Children’s Marching Song.” Even the menu got into the act, in the form of a first draft of a script returned by the producer with his revisions and suggestions, topped by the observation that the reactions aren’t very good and “why don’t we go back to the Chop Suey thing we discussed before?” COLUMBIA COAST LAB SALEUPS26-WK.NET A non-recurring profit of $2,- 622,000 resulting from the com¬ pany’s sale of its Coast laboratory enabled Columbia Pictures to .emerge with a net profit of $1,- 752,000 for the 26-week period ended Dec. 27, 1958. For the samt stanza of a year ago, the company showed a loss of $820,000. No Federal income tax has been provided for the current period due to the loss parry-over of the previous year. State Not Giving Up Censoring Trofit’ Albany, March 17. The annual legislative attempt to lighten the financial load of censorship, borne by distributors operating in New York State, bogged down when the Assembly Committee on Public Education “killed” a bill by Assemblyman Anthony P. Savarese Jr., Queens Republican. This proposed to increase the fee for reviewing, by the State Education Department’s Motion Picture* Division, of original films, from $3 to $4 per thousand feet, but to cut the charge for prints from $2 per thousand feet to $4 for “each additional entire copy.” This year’s measure—Senator John J. Marchi, Staten Island Re¬ publican, presented a companion — changed the effective date from July 1, 1959 to April 1, 1960—to make it coincide with the beginning of a new fiscal year. In vetoing similar proposals in 1956 and 1957, Averell Ham- man, as Governor, wrote they would cause the State to lose from $270,000 to $300,000 in revenue, and that the Legislature had pro¬ vided no substitute. The Commerce and Industry Association of New Ymk, which threw its support behind the bill this year, believed some impres¬ sion had been made on Budget Director T. Norman Hurd and his staff, of the “unfairness” of the present licensing schedules. The State, according to an estimate by Governor Nelson A. Rockefeller, will receive $400,000 from this source during the fiscal year ending March 31. Cost of operating censorship is under 50% of fees.