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rlotioii l.kiana<br />

Divestiture<br />

Ordered<br />

By Court for Loew's,<br />

20th -Fox,<br />

Warners<br />

^/;<br />

important Decision Handed Down<br />

In Government's Antitrust Suit<br />

Pay* 8<br />


HOW<br />

BEAl<br />


fBy Leo, Winner of the "Exhibitor Magazine" \<br />

\ Theatre Poll for "Best Product and Fairest Terms" I<br />

I'm an old hand at competing with the hot weather and the d'<br />

_<br />

tractions of vacation-time. As in previous years I've got a supjJI^^^i<br />

fire policy: BIG ATTRACTIONS! And as in previous years I refo^Wry |||!'j<br />

to hold back my Big Ones. I'm delivering to my friendly M-Gi^j.<br />

showmen the best shows to keep the folks movie-mindeq|(|Ck

SI<br />

I<br />

: »<br />

After a day at the beach those M-G-M Technicolor<br />

Musicals, "Neptune's Daughter", "Take<br />

Me Out To The Ball Game" and "Barkleys<br />

of Broadway", are just right.<br />

"I'm treating the family<br />

to 'Little Women'<br />

after lunch, and tomorrow<br />

we're off to<br />

see 'The Wizard of Oz'.<br />

Nice holiday,<br />

toots!"<br />

Plenty of thrills in<br />

today's ball game<br />

but more tonight at<br />

"Scene of the Crime"<br />

'What a vacation.<br />

Golf by day, movies<br />

at night! 'TheStratton<br />

Story' was swell and I<br />

hear great things about<br />

M-G-M's Technicolor<br />

Musical 'In The Good<br />

Old Summertime'."<br />

"Hey mister, I like my men<br />

rugged. Take me to see<br />

'Any Number Can Play'."<br />

,'earsl'<br />

hear M-G-M's made a wonderful<br />

picture of 'Madame<br />

Bovary'. Let's watch for it."<br />

Time to get ready<br />

for dinner and<br />

movies. Tonight<br />

they'll be thrilled by<br />

"The Great Sinner".<br />

Tomorrow night,<br />

"Edward, My Son".<br />

*: I R I E N D LY<br />

in<br />

the Summer too!

6t[Vtj|j^ n.<br />

111'<br />


«s»-<br />

lOPER<br />

UenIraT<br />

IN<br />

'P" COLOR BY _<br />



RONALD<br />



^TOiT^S^<br />

,N COLOR<br />

evTBCH IV<br />

SHIRLEY (- BARRy<br />

COLOR<br />

UIT<br />


BOGART<br />

J<br />



Morgan * Day* Carson<br />







* JANE WYMAIn<br />

Mr. Waraer Exhibitor is geared to JQ|J as never before!

'<br />




Editor-in-Chief and Publisher<br />

JAMES M. JERAULD Editor<br />

NATHAN COHEN Associate Editor<br />

JESSE SHLYEN Managing Editor<br />

IVAN SPEAR Western Editor<br />

FLOYD M. MIX. Equipment Editor<br />

RAYMOND LEVY General Manager<br />

Published Every Saturday by<br />


Editorial Oliices: 9 Rockeleller Plaza, New York 20,<br />

N. Y. Raymond Levy, General Manager; James M.<br />

lerauld. Editor; Chester Friedman, Editor Showmandiser<br />

Section; A. J. Stocker, Eastern Representative.<br />

Telephone Columbus 5-6370, 5-6371, 5-6372. Cable<br />

address: "BOXOFFICE, Newr York."<br />

Central OlHces: 624 South Michigan Ave., Chicago<br />

5, III. Jonas Perlberg, Manager; Ralph F. Scholbe,<br />

Central Representative. Telephone WEBster 9-4745.<br />

Western Offices: 6404 Hollywood Blvd., Hollywood<br />

28, Calil. Ivan Spear, Manager. Telephone GLadstone<br />

1IB6.<br />

Washington Offices: 6417 Dahlonegca Road, Alan Herbert,<br />

Manager. Telephone, Wisconsin 3271. Filmrow:<br />

932 New Jersey, N. W. Sara Young.<br />

London Offices: 136 Wardour St., John Sullivan, Manager.<br />

Telephone Gerrard 3934-5-6.<br />

Publication Offices: 825 Van Brunt Blvd., Kansas City<br />

1, Mo. Nathan Cohen, Associate Editor; Jesse Shlyen,<br />

Managing Editor; Morris Schlozman, Business Manager.<br />

J. Herbert Roush, Manager Advertising Sales<br />

and Service. Telephone CHestnut 7777-78.<br />

Other PubUcations: BOXOFFICE BAROMETER, published<br />

in November as a section of BOXOFFICE;<br />

THE MODERN THEATRE, published monthly as a<br />

section oi BOXOFFICE.<br />

ALBANY—21-23 Waller Ave., M. Berrigan.<br />

ATLANTA— 163 Walton, N. W., P. H. Savin.<br />

BIRMINGHAM—The News, Eddie Badger.<br />

BOSTON—Frances W. Harding, Ub. 2-9305.<br />

BUFFALO— 157 Audubon Drive, Snyder, Jim Schroder.<br />

CHARLOTTE—216 W. 4th, Pauline Griffith.<br />

CINCINNATI—4029 Reading Rd., Ullian Lazarus.<br />

CLEVELAND—Elsie Loeb, Fairmount 0046.<br />

DALLAS^525 Holland, V. W. Crisp, J8-9780.<br />

DENVER— 1645 Lalayette, Jack Rose, TA 8517.<br />

DES MOINES—Register & Tribune Bldg., Russ Schoch.<br />

DETROIT— 1009 Fox Theatre Bldg., H. F. Reves.<br />

Telephones; WOodward 2-1100; Night, UN-4-02I9.<br />

HARTFORD— 109 Westborne, Allen Widem.<br />

HARRISBURG, PA.—Mechonicsburg, Lois Fegan.<br />

INDIANAPOLIS—Rt. 8, Box 770, Howard M. Rudeaux.<br />

MIAMI—66 S. Hibiscus Island, Mrs. Manlon E. Harwood.<br />

2952 Merrick Rd., Elizabeth Sudlow.<br />

MEMPHIS—707 Spring St., Null Adams, Tel. 48-5462.<br />

MILWAUKEE—3057 No. Murray Ave., John E. Hubel,<br />

WO 2-0467.<br />

MINNEAPOLIS—29 Washington Ave. So., Les Rees.<br />

NEW HAVEN—42 Church St., Gertrude Lander.<br />

NEWARK, N. J.—207 Sumner, Sara Carleton.<br />

NEW ORLEANS—Frances Jackson, 218 So. Liberty.<br />

OKLAHOMA CITY—216 Terminal Bldg., Polly Trindle.<br />

OMAHA—Omaha World-Herald Bldg., Lou Gerdes.<br />

PHILADELPHIA— 5363 Berks St., Norman Shigon.<br />

PITTSBURGH—86 Van Braam St., R. F. Klingensmith.<br />

PORTLAND, ORE.—Edward Cogan, Nortonia Hotel,<br />

nth and Stark.<br />

RICHMOND—Grand Theatre, Sam Pulliam.<br />

ST. LOUIS—5149 Rosa, David Barrett, FL-3727.<br />

SALT LAKE CITY—Deseret News, Howard Pearson.<br />

SAN ANTONIO—211 Cadwalder St., San Antonio.<br />

L. J. B. Ketner.<br />

SAN FRANCISCO — 25 Taylor St., Gail Upman,<br />

ORdway 3-4S12.<br />

SEATTLE—928 N. 84th St., Willard Elsey.<br />

TOLEDO—4330 Willys Pkwy., Anna Kline, LA 7176.<br />


CALGARY—The Albertan, Wm, Campbell.<br />

MONTREAL—4330 Wilson Ave., N. D. G., Roy Carmichael.<br />

Walnut 5519.<br />

ST. JOHN— 116 Prince Edward St., Wm. J. McNulty.<br />

TORONTO—R. R. No. I, York Mills, Milton Galbraith<br />

VANCOUVER—ill Lyric Theatre Bldg., Jack Droy.<br />

VICTORIA—938 Island Hijhway, Alec Merriman.<br />

WINNIPEG—The Tribune, Ben Lepkin.<br />

Member Audit Bureau of Circulations<br />

Entered as Second Class matter at Post Office, Kansas City, Mo.<br />

Sectional Edition, $3.00 per year; National Edition, $7.50<br />



•^^ HE industry's days in court will not end with<br />

the issuance oi a decree in the government's suit against the<br />

major distributors or the subsequent ruling of the Supreme<br />

Court in the event oi an appeal, which is expected. That<br />

seems to be the gist oi the words that Ellis Amall, president<br />

oi the Society oi Independent Motion Picture Producers, let ily<br />

in his testimony beiore the judiciary subcommittee oi the House<br />

oi Representatives investigating monopoly when he appeared<br />

beiore the group last week.<br />

According to Mr. Amall the Supreme Court's denouncement<br />

of monopoly in this industry has not eliminated it. Nor<br />

will monopoly lose its hold on the industry "even ii the Big<br />

Five lose all their theatres." Only with the breaking up oi<br />

"other restrictive circuit monopolies and buying combines,"<br />

does Mr. Amall think the relief needed by the independent<br />

factors can be attained.<br />

If one may judge from the length of time the "Big Case"<br />

was in court, it is going to take a very long, long time to<br />

accomplish this end. Of course, if the recommendations that<br />

Mr. Amall made to the committee are heeded and new legislation<br />

such as he advocated is enacted, there would be a<br />

speedup of court procedures. But that's a big order. And the<br />

industry still w^ould be in the courts.<br />

It is regrettable that the prospect of litigation is showing signs<br />

of increasing rather than decreasing. Already the industry is involved<br />

in suits that total a hundred million dollars or more.<br />

If judgments to even a fraction of this extent had to be paid,<br />

the production-distribution end of the industry would be bankrupted.<br />

Meanwhile costs are incurred which, in themselves,<br />

take a heavy toll of the industry's resources. Further, all of<br />

this contention entails the time, thought and energy of many<br />

key people in the industry which could otherwise be devoted<br />

to making more and better pictures and contributing generally<br />

to the progress of the industry.<br />

Many of the suits that recently have been filed have only<br />

nuisance value. But there are legitimate grievances that I .cgj^.<br />

should not have been permitted to fester; that should, and<br />

(J 11<br />

probably could, have been settled without litigation. If the<br />

industry is to leam from the costly lesson that it has thus iar<br />

had<br />

'f's<br />

and irom the prospect oi an even costlier one—ii the<br />

litigative trend is not stemmed—it needs to iind some means micuia:<br />

by which it can resolve these buyer-seller squabbles within its<br />

own portals; with processes oi its ovm that can be quick, easy<br />

and amicable.<br />

S Bi,:;.<br />

Conciliation methods have been tried and iound worfc<br />

able. But they have not been adequate and they have been^<br />

perhaps, too loosely contrived. Arbitration also has been tried<br />

and in some phases oi its application has been iound wanting.<br />

But, as other industries have made arbitration work well and<br />

jjjigeiiieasiu*"<br />

oJoineliiod*<br />

1<br />

picture in*<br />

i some suck «1<br />

III<br />

exhiiilon and<br />

11<br />

wayraJ f<br />

ate llieii<br />

^^<br />

'<br />

lit climces lot (<br />

In me beiin k<br />

'kioTOioblynf<br />

i s iiiiiiliei of ei<br />

ikoicoune.ofiFOi<br />

siliiolioD eqrai c<br />

likitewhaiili<br />

Cngiessmm Doi^<br />

iieewastepertid<br />

ibekdicaledli<br />

« would lei ii j<br />

itflotsiraaagi<br />

iiorga<br />

Itenemikbjk<br />

'nil luxation, fy<br />

'-ioliisoiraaiHi<br />

:(i 11131119 Iheifai<br />

ai loiDomt; do i<br />

iWtfor^<br />

: ,<br />

Vol. 55<br />

JULY<br />

No. 13<br />

3 0, 1949

'.<br />

:<br />

J\ie<br />

Congressman<br />

PcddcSeaU<br />

[An Ivilh large measure of satisfaction, it seems feasible that a<br />

(v>ty and a method can be found to apply it to a considerable<br />

djree of satisfaction in dealing with the internal problems of<br />

il motion picture industry.<br />

;Miicets, ii!<br />

bieoldig up<br />

^fing conbic'<br />

Kibe"<br />

a9.ioi<br />

Until some such system is set up and earnestly fostered<br />

b both exhibitors and distributors, trade practices will conliae<br />

on a wayward path and costly court procedures will<br />

cutinue their noxious course.<br />

tjx Fight Must Continue<br />

The chances for a reduction in the federal admisflilis<br />

tax are better than good. The Senate Finance Comi^tee<br />

has favorably reported on the bill that provides reducti(i<br />

of a number of excise taxes including the ticket tax.<br />

is, of course, opposition to such action, but sources close<br />

itDjhe situation express confidence that the bill will be passed<br />

;:$ithe Senate when it is put to a vote.<br />

-«<br />

I<br />

ed and Berk<br />

i<br />

hat mold M State<br />

tg order, hi^<br />

aitiowiii;:<br />

flbeisdusliy^<br />

B ddlos o;<br />

It had lo ke<br />

ttymuldbe<br />

1)4 in<br />

cei,<br />

Fortlier.<br />

oi<br />

ud energy<br />

bawise be ie"<br />

Doughton of the House Ways and Means<br />

l^nmittee was reported opposed to any tax cuts at this time<br />

I to have indicated that, if the Senate passes the measure.<br />

House would let it die in the hopper. But this should not<br />

it exhibitors from aggressively fighting for passage of the<br />

exhibitor organizations and the industry's national tax<br />

imittee are working hard to bring about an adjustment of<br />

unfair taxation. They need help. It behooves every extor—in<br />

his own interests—to write to his senators and conissmen<br />

urging their favorable action in this instance.<br />

(t until tomorrow; do it now!<br />

lought for the Day<br />

Don't<br />

The Alberton, daily newspaper of Alberta, Canada,<br />

off a recent "Show World Topics" department with<br />

.m a Movie Fan" set in double-column measure. FoUowcame<br />

this comment:<br />

"The foregoing is much more than an appreciation of the<br />

n|h-maligned movies. It reveals a sense of joy of living, of<br />

ood things of life, rare indeed in this year of complaints<br />

\<br />

fault-finding, of discontent and beefs."<br />

There's a cue in that which would make this a belter<br />

ar-'fiid, particularly for the motion picture industry and for the<br />

,. jBil joir.e E^-^jile who like the movies. If the critics and reviewers would<br />

.ig so much stress on the negative, many thousands of<br />

>le who have been steered away would be seeing more<br />

ies and genuinely enjoying the many good things which<br />

offer.<br />

Call Meeting to Discuss<br />

Film Festival Plans<br />

Ted Gamble invites distribution executives<br />

and others to Hotel Astor luncheon August<br />

1 to hear comments and expand plans if<br />

the idea is accepted.<br />

New Finance Group Heads<br />

Gather in New York<br />

Assemble late in the week for meeting<br />

scheduled Tuesday at the Waldorf-Astoria to<br />

approve incorporation papers and other details<br />

of National Exhibitors Film Co.<br />

Shea Complaint vs. Warners<br />

To Remain in U.S. Court<br />

Judge Vincent L. Leibell rejects Shea motion<br />

to remand dispute over Youngstown,<br />

Ohio, pool to the New York Supreme Court,<br />

where it was originally filed.<br />

-K<br />

Republic, Ad Agencies Map<br />

TV Trailer Possibilities<br />

Film company starts video screenings at<br />

its studios in order to get ideas on the coordination<br />

of television with the motion picture<br />

industry.<br />

Danson Leaves; Jonas Arnold<br />

Is Eagle Lion Ad Chief<br />

Both with the company since its start in<br />

1947, both formerly were with Paramount,<br />

where Ai-nold succeeded Danson as pressbook<br />

editor, the job he also held at EL.<br />

June Ticket Tax Receipts<br />

Exceed Month of May<br />

Collections in June amounted to $30,459,373,<br />

compared with $30,440,911 in May and $31,-<br />

639,479 in June 1948, Bureau of Internal<br />

Revenue reports.<br />

*<br />

FCC Delays Stop Warners<br />

From Buying TV Outlet<br />

Proposed sale of KLAC-TV in Los Angeles<br />

by Mrs. Dorothy Schiff (Thackrey) before<br />

deadline of August 1 dealt death blow<br />

when FCC denies petition of both parties for<br />

oral arguments.<br />

Ascap Renews Extension<br />

For TV Use of Music<br />

Deadline of September 1 set by board to<br />

permit completion of license fee negotiations<br />

with NAB group after failing to fix performance<br />

rates by August 1.<br />

^loiiiid'<br />

«ork«<br />

V.^Cta><br />

Deadlock Over Lab Pact<br />

Continues at Weekend<br />

Local 702 says strike threat against 19<br />

plants with 1,800 workers for July 31 stands<br />

imtil companies make better offer than one<br />

already rejected.

ij<br />

•<br />

-<br />



In Addition, the Circuits<br />

Must Sell If Proof of<br />

Monopoly Is Offered<br />

NEW YORK—Divorcement of production<br />

and distribution from theatre holdings<br />

for Warners Bros., Loew's, Inc. and 20th<br />

Century-Fox, along the lines ordered for<br />

Paramount and RKO in consent decrees is<br />

now in prospect.<br />

This was made plain by the three-judge<br />

expediting court in a decision handed down<br />

July 25. How many theatres each will be allowed<br />

to transfer to new theatre companies<br />

will be determined after further hearings.<br />

Briefs muct be submitted September 20.<br />

The court ruled that the Department of<br />

Justice had not presented sufficient proof<br />

on how individual theatres had been obtained<br />

and whether they were the fruits of<br />

monopoly. At the same time it served warning<br />

that local monopolies will not be permitted.<br />


What had been expected to be a final decision<br />

turned out to be just another step in<br />

the litigation which began Sept. 20, 1939.<br />

Whether the litigation will continue to be<br />

fought out on a theatre-by-theatre basis or<br />

whether it will come to a speedy end this<br />

year by agreement on theatres to be dropped<br />

will be up to the defendants. The court indicated<br />

it expected the question of theatre disposals<br />

would be settled by agreement.<br />

On this point the decree portion of the decision<br />

read: "We may perhaps indulge in the<br />

hope that the parties may be able to agree as<br />

to the disposition of any such interests, as<br />

they have done in the case of the joint ownerships."<br />

Pleas of the Little Three—United Artists,<br />

Universal-International and Coliunbia—for<br />

permission to grant franchises and have<br />

roadshows and other special treatment were<br />

turned down.<br />


The court also rejected the repeated pleas<br />

of the Department of Justice for a ban on<br />

cross-licensing of film among circuit owning<br />

defendants.<br />

Arbitration received unqualified approval,<br />

but whether it will continue to be the present<br />

form of arbitration or a new setup to be defined<br />

by the American Arbitration Ass'n is<br />

not clear.<br />

On this topic the court said: "The arbitration<br />

system and the appeal board which has<br />

been a part of it have been useful in the<br />

past and as we understand it have met with<br />

the general approval of the plaintiff and<br />

of those defendants who have agreed to it.<br />

In our opinion it has saved much litigation<br />

in the courts and it should be continued.<br />

"Accordingly, the three major distributordefendants<br />

and any others who are willing<br />

to file with the American Arbitration Ass'n<br />

their consent to abide by the rules of arbitration<br />

and to perform the awards of the arbitrators,<br />

should be authorized to set up an<br />

arbitration system with an accompanying ap-<br />

Highlights of the Decision:<br />

Divorcement of exhibition from production and distribution for<br />

Loew's, Inc.. 20th Century-Fox and Warner Bros, was ordered by the court.<br />

The question of which theatres and how many theatres must be<br />

divested was left open, presumably for negotiation between the government<br />

and the defendants. The court held that at present there was insufficient<br />

evidence on hand to order specific divestiture, and indicated<br />

hope the defendants and the Department of Justice may agree on theatres<br />

to be dropped as was done in the Paramount and REG consent<br />

decrees.<br />

The Little Three—United Artists, Universal-International and Columbia—was<br />

denied its pleas for special treatment on franchises, roadshows,<br />

the right to favor old customers and other prohibited trade practices.<br />

The Department of Justice lost its demand for a ban on cross-licensing<br />

of features.<br />

Future theatre acquisitions by the defendants must be approved by<br />

the court.<br />

All trade practices rulings of the earlier decree, with some variations,<br />

were upheld, but competitive bidding has been dropped as required by<br />

the Supreme Court.<br />

Arbitration was strongly endorsed and its use authorized by those<br />

willing to abide by American Arbitration Ass'n rules, but any new system<br />

which may be devised must first obtain the court's approval.<br />

peal board, which will become effective as<br />

soon as it may be organized after the decree<br />

to be entered in this action shall be made,<br />

upon terms to be settled by the court upon<br />

notice to the parties in this action."<br />

The opinion was written by Judge Augustus<br />

N. Hand and was signed by him and by<br />

Judges Henry W. Goddard and Alfred C.<br />

Coxe. What they said about divorcement<br />

was no surprise to most of the lawyers, because<br />

the Paramount and RKO consent decrees<br />

have provisions for granting better<br />

terms to these companies if any other defendant<br />

gets better terms, and few expect<br />

they will. The unknown factor now is how<br />

many theatres the three remaining theatreowning<br />

defendants will have to drop.<br />

The pattern for divorcement was set in the<br />

Crescent decree. It was followed in the Paramount<br />

and RKO consent decrees and in the<br />

Schine decree. Essentially it required divestiture<br />

of stock held by the defendant companies<br />

to terminate affiliations and prevent<br />

further violations of the antitrust laws.<br />

More than half of the decision is a historical<br />

review of the case and a detailed analysis<br />

of what the Supreme Court ordered the<br />

three-judge court to do when it sent the case<br />

back for re-study and threw out competitive<br />

bidding.<br />

The decree portion of the document runs<br />

a mere three pages. In it the court says:<br />

"The Supreme Court has asked us to divest<br />

any theatres which may be fruits of past illegal<br />

restraints or conspiracies. It may appear<br />

also to be necessary, irrespective of our<br />

general plan of divorcement, to terminate<br />

theatre monopolies in certain local situations<br />

fruits is not now available. So far as local<br />

monopolies are concerned, the statistics presented<br />

by the plaintiff were furnished to sup<br />

port the need for a general divorcement which<br />

this opinion has sanctioned and did not pra<br />

cisely reach any situations of local monopoly<br />

which may require divestiture of specific<br />

theatres.<br />

"Moreover, certain of the statistics presented<br />

by the plaintiff go no farther Uian<br />

the year 1945, and there have been various<br />

changes in theatre holdings since that date.<br />

Accordingly, consideration of fruits and lo-<br />

BjMlesiIwi*'<br />

'*<br />

"On rffltd,'<br />

liif 3-<br />

i-l<br />

lliat<br />

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- (hrrf ni-<br />

IlWJlMII «<br />

,1 He delanWu<br />

liiB Ihei; bioa*<br />

lrilllllo^"<br />

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lie opilUtll<br />

BKSKtors, to '<br />

a ten iiipww: t<br />

jtHiiiiteiis<br />

iUnotliiti "J'<br />

He com OKI :,;<br />

Bjff deleiiiiiL:; 'ii<br />

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aiiutfo, thes:-ji;.<br />

ttlicnieasire t;<br />

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nit coimeiiiK „<br />

» SfaiM ml .:.;<br />

Bit jiBraa: n i:<br />

ro A roxspiurr<br />

possessed by any individual defendant or by<br />

any new theatre circuit which may be set up a praclics at<br />

under the divorcement decree we propose.<br />

"The plaintiff has presented insufficient<br />

evidence to justify us in disestablishing particular<br />

theatres either on the theory of local<br />

monopolies or of illegal fruits, and indeed it<br />

has formally stated that evidence of illegal<br />

cal monopolies will be suspended in the decree<br />

which we shall presently make.<br />

"In accordance with the instructions of the"<br />

Supreme Court it is necessary that the pro-*<br />

vision * * • our former decree in respect to<br />

expansion of theatre holdings is vacated. A<br />

provision should be substituted in the decre«<br />

to be entered which enjoins the three exhibl<br />

tor-defendants and any theatre-holding cor<br />

poration resulting from the divorcement wi<br />

propose from acquiring a beneficial inte:<br />

in any additional theatre unless the acquir'<br />

ing exhibitor-defendant or corporation sha^<br />

show to the satisfaction of the court, aai<br />

the court shall first find, that such acqulsl]<br />

tion will not unduly restrain competition I*<br />

tiiit<br />

e<br />

8 BOXOFFICE July 30, 19< f;;;;,..

j<br />

'<br />

ruled,<br />

'<br />

think<br />

!<br />

as<br />

I<br />

i<br />

'<br />

drastic<br />

I<br />

tinue<br />

i<br />

court<br />

i<br />

an<br />

'<br />

; icompulsory<br />

i<br />

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In disposing of the Department of Justice<br />

j contention that cross-hcensing of films between<br />

defendant circuits should be banned<br />

the court pointed out this would deprive the<br />

circuit houses of more than half their product.<br />

The court admitted that this might encourage<br />

theatre building by independents,<br />

but decided the selection of the pictures<br />

might lead to difficulties which would make<br />

the ban unwise.<br />

"Our remedy for divorcement," the court<br />

"will meet all of the purposes for<br />

which the plaintiff is striving. We do not<br />

that its completion will be so delayed<br />

to justify this doubtful and difficult ad<br />

interim remedy proposed by the plaintiff."<br />

sf<br />



The court was definite and specific in its<br />

views on divorcement. Its language read:<br />

". . . there must, in onr opinion, be a di-<br />

Torcement or separation of the business<br />

of the defendants as exhibitors of fihns<br />

from their business as producers and distributors."<br />

The opinion struck like a thunderbolt in<br />

some sectors. Some of the defendant lawyers<br />

had been impressed by a comment by Justice<br />

Hand during last spring's hearings that<br />

he did not think that total divorcement was<br />

the remedy to the problem.<br />

11 The court did not hold with the three<br />

H major defendants that because many of the<br />

li so-called illegal trade practices had been<br />

eliminated, the situation no longer called for<br />

measures. "The temptation to conthese<br />

practices will still be strong," the<br />

commented, "and we cannot regard<br />

injunction as a sufficient preventive."<br />

defendants had suggested an injunction<br />

by a prohibition of discriminagainst<br />

small independents and adearbitration<br />

as "an adequate remedy."<br />


"Assuming that this Is so," (that many of<br />

> the practices and monopolies have ended ><br />

1 the court said, "nevertheless, we have found<br />

1 that a conspiracy has been maintained<br />

through price-fixing, runs and clearances, induced<br />

by vertical integration ,and that this<br />

conspiracy resulted in the exercise of monopoly<br />

power. The necessity of terminating<br />

such a conspiracy by the three defendants<br />

have not subjected themselves to a<br />

decree would be unaffected by the<br />

existence or non-existence of a moon<br />

their part in first-runs, for the<br />

conspiracy<br />

^<br />

is illegal even though the participants<br />

may have ceased at least for the time<br />

I<br />

to possess monopoly power. Moreover, the<br />

(monopoly power might be built up again if<br />

(the illegal practices were not terminated by<br />

'divorcement, irrespective of the fact that two<br />

1 of the conspirators have been eliminated<br />

i<br />

the conspiracy by the consent decree.<br />

iTherefore, the divorcement we have deterjmined<br />

to order appears to be the only adeiquate<br />

means of terminating the conspiracy<br />

*'<br />

'and preventing any resurgence of monopoly<br />

power on the part of the remaining defendants.<br />

Beyond all the above considerations<br />

there would seem to be an inherent injusjtice<br />

in allowing defendants to avoid divorce-<br />

,ment when they would have been originally<br />

^<br />

|subjected to it merely because two of their<br />

t {confederates eliminated themselves from a<br />

decree which would have been<br />

[based upon the participation of all in the<br />

lionspiracy."<br />

court went into the matter of geoifraphical<br />

distribution of theatres among the<br />

:ive major defendants, as it was requested<br />

Abram F.<br />

Myers for Allied:<br />

Victory-Total and Complete'<br />

WASHINGTON—"For Allied, this is victory—<br />

total and complete."<br />

That's the way Allied States Association<br />

general counsel, Abram F. Myers, described<br />

Judge Hand's Paramount case decision.<br />

"Every legal argument Allied has advanced<br />

in favor of divorcement now has judicial<br />

sanction. Every benefit Allied claimed would<br />

result from divorcement is in process of fulfillment.<br />

More pictures are being produced.<br />

First run monopolies are crumbling. Unreasonable<br />

clearances are being shortened, and<br />

the film salesmen are beginning to appreciate<br />

their customers. That the pictures produced<br />

for a free market will improve in<br />

quality, we have no doubt."<br />

Myers called on Attorney Robert L. Wright<br />

to return to the department to finish the<br />

case, warning that it would be a "calamity"<br />

if the government softened now and "should<br />

succeed in snatching defeat from the jaws<br />

of victory."<br />

"There is no reason to assume this will<br />

happen," the Allied official said. "Certainly<br />

there would be a terrible public reaction<br />

if it did. But it would be reassuring if Wright<br />

could be induced to return to the department<br />

to do by the Supreme Court. In undertaking<br />

this study, the court did not take into<br />

account the presence or absence of Independent<br />

theatres in the areas dealt with. The<br />

court did not find an agreement between the<br />

defendants to divide the country geographicaUy.<br />

"But," he added, "we do hold that geographical<br />

distribution became a part of a<br />

system in which competition was largely absent<br />

and the status of which was maintained<br />

by fixed runs, clearances and prices and<br />

joint ownership among the major defendants,<br />

and by cross-licensing which made it<br />

necessary that they should work together.<br />

The court further said it thought "there<br />

can hardly be adequate competition among<br />

the defendants where such interdependence<br />

exists."<br />

The opinion went thoroughly into the competitive<br />

situation, between the defendants on<br />

a geographical basis. The court pointed out<br />

that in towns of less than 100,000 population<br />

the five majors had 2,020 theatres in 834<br />

towns and in only 26 of these towns was<br />

there competition with another defendant,<br />

that in 5 per cent there were pooling arrangements<br />

and that in 92 per cent of the towns<br />

only one of the defendants had theatres. "It<br />

appears," said the court, "that the effect of<br />

the geographical distribution in towns having<br />

less than 100,000 population was largely<br />

to eliminate competition among all of the<br />

defendants in the areas where any of them<br />

had theatres."<br />

In cities over 100,000 population, the court<br />

foimd that the five majors had interests in<br />

1,112 theatres in 87 cities. In 46 of these<br />

cities, containing 23 per cent of the theatres,<br />

only one defendant owned theatres. In 11.5<br />

per cent there were pooling arrangements to<br />

limit competition and in another 11.5 per<br />

cent of the cities one defendant was so dominant<br />

that competition "was unsubstantial."<br />

In 31 per cent of the cities, containing 44 per<br />

to clear up the loose ends."<br />

Myers indicated that he did not believe<br />

the companies would appeal. "The opinion is<br />

notable for its logic, force and clarity," he<br />

declared. "The film companies mutter about<br />

an appeal, but when their lawyers tell them<br />

how Judge Hand has tied in their theatre<br />

acquisitions as 'active aids to the conspiracy,'<br />

they will realize there is no further hope for<br />

them in the courts."<br />

A detailed plan of divorcement and further<br />

evidence on divestiture must still be submitted,<br />

Myers said. "Both phases involve<br />

exercise of discretion by the Department of<br />

Justice, which to be sound should be based<br />

on a thorough knowledge of the case. It is<br />

a great loss to the government, to the independent<br />

exhibitor, and to the public that<br />

Robert L. Wright should have resigned before<br />

it was wound up. To him should go<br />

the honor of presenting the final decree of<br />

divorcement and divestiture. More important,<br />

he should be on the job to match his<br />

experience and knowledge of the evidence<br />

and industry conditions with the knowledge<br />

and experience of the learned counsel for<br />

the defense."<br />

cent of the theatres, there was competition.<br />

But, pointed out the court, this figure contained<br />

theatres owned in New York by RKO<br />

and Loew's, Inc. and these theatres should<br />

be excluded from the total figure because<br />

there was no competition between RKO and<br />

Loew's in obtaining product.<br />

Admitting that these were 1945 figures,<br />

the court said it was of the opinion that there<br />

has been no substantial change in towns under<br />

100,000 population and some in towns<br />

over 100,000 because of the end of pooling<br />

arrangements.<br />

"The situation in 1945 would be far more<br />

important in determining whether violations<br />

of the antitrust laws occurred rather than<br />

the status existing after the defendants had<br />

been found guilty of wrongs and were merely<br />

taking steps to carry out our remedial decree,"<br />

Justice Hand wrote.<br />

Decree News Followed<br />

By Decline in Stocks<br />

NEW YORK—The prices of Warner Bros.,<br />

Century-Fox and Loew's common stock<br />

20th<br />

declined slightly Tuesday (26) after news of<br />

the antitrust decision reached Wall Street.<br />

The market closed Monday (25) before word<br />

of the new divorcement ruling was reported.<br />

That day the 20th-Fox and Loew's stock went<br />

up fractional points and Warner stock went<br />

down in price.<br />

Below are the prices for Monday and Tue«-<br />

day:<br />

MONDAY<br />

Opened Closed Change<br />

Loew's I8V2 18% +'/2<br />

20th-Fox 2278 225/8 +'/t<br />

Wcjrner Bros ll'A Il'/8 —'A<br />


Loew's 183/8 181A -Vs<br />

20th-Fox 22% 221/2 -3/8<br />

Warner Bros 11 Vg H —'/a<br />

liOXOFnCE July 30, 1949

Reactions to the Court's Opinion<br />

Levy Sees Need to Clarify<br />

'Competitive Bidding<br />

NEW YORK—Some of the wording of the<br />

latest decision in the antitrust case may lead<br />

to further litigation unless clarified in the<br />

final decree, predicts Herman Levy, general<br />

counsel for the TOA. This applies to the reference<br />

to competitive bidding, he points out.<br />

"With all due deference to and respect for<br />

the court," he states in an analysis of the<br />

decision, "this language—meaning the court's<br />

—lends itself to the interpretation of compulsory<br />

competitive bidding. The court is obviously<br />

not unmindful of the fact that it<br />

might be so claimed and, therefore, adds the<br />

comment that it does. It is difficult to understand<br />

how 'any feature' can be licensed<br />

'theatre by theatre' except on a competitive<br />

bidding basis."<br />


"The least that can be said is that there is<br />

an honest disagreement of opinion among<br />

lawyers. That being so, it is my feeling that<br />

the language should be changed to state unequivocaUy<br />

what is intended. If this provision<br />

means that a distributor may license<br />

'a group of pictures' as long as there is no<br />

conditioning in the deal, why not have the<br />

decree state so specifically and not leave the<br />

matter to court adjudication."<br />

Levy intends to ask authority from the<br />

TOA board of directors to seek court permission<br />

to appear as amicus curiae to present<br />

these views when the case comes up for<br />

hearing in September.<br />

He had high praise for the arbitration suggested<br />

by Judge Augustus Hand. In a summary<br />

of his comment on the case, Levy said<br />

"The major beneficiary of this case was<br />

to be the independent exhibitor. That was<br />

the motivating force behind the action. Now<br />

that this industry case is reaching out to the<br />

end of its long road, it is fitting to take inventory<br />

to determine how and whether the<br />

independent exhibitor has benefited. If competitive<br />

bidding, if the elimination of licensing<br />

an entire season's product at one time,<br />

if the licensing of pictures one at a time,<br />

if the loss of treasured runs and clearances,<br />

If<br />

the loss of status as an old good customer,<br />

if the taking away of theatres from distributors<br />

and placing them in the hands of others<br />

who have no market to protect, if the<br />

opening of the door for producers and distributors,<br />

divorced from exhibition, to produce<br />

and distribute directly for television,<br />

since again, they will have no theatres to<br />

protect, if the constant threat of cut-throat<br />

competition and the resulting fantastic increases<br />

in film rentals, if all of these things,<br />

and many others, are good, then the independent<br />

exhibitor has been benefited.<br />


"These are the facts stripped of all hollow<br />

and illusory generalities."<br />

In other comment on the decision, Levy<br />

said: "The government was successful in<br />

most of its claims and it certainly appears<br />

unlikely that it will appeal again to the<br />

Supreme Court. As far as the defendants<br />

'We Won Hands Down/<br />

D of J<br />

Chief Says<br />

WASHINGTON—Top Justice department<br />

officials were adopting a cautious<br />

attitude in commenting on the New York<br />

court's Paramount case decision.<br />

They all said they wanted a chance to<br />

read and study the actual text before<br />

commenting in detail. However, Antitrust<br />

Chief Herbert A. Bergson said that<br />

from a sketchy fill-in on the decision, "I<br />

believe we won hands down."<br />

are concerned it is not fair or possible to<br />

predict whether they will appeal. This much,<br />

however, can be said. If the Supreme Court<br />

finds that the lower court has followed pretty<br />

much what was suggested by it when the<br />

case was sent back to the lower court, it is<br />

unlikely, if there be an appeal, that the case<br />

will be further disturbed.<br />

"The court paid little attention to the<br />

claims of the defendants that actions on<br />

their part since the earlier decision had either<br />

eliminated monopoly or lessened it appreciably."<br />

At another point he pointed out the difference<br />

between a decision and a final decree<br />

by saying:<br />

"The decree in a case represents the final<br />

judgment entered. What we are discussing<br />

represents the opinion of the court and it is<br />

on that decision that the decree will be based.<br />

The parties are requested to file their proposals<br />

by September 20. Thereafter the decree<br />

will be entered."<br />


Levy describes the ban on franchise as unquestionably<br />

of benefit to independents. He<br />

also says the rules on clearance will strike<br />

exhibitors as "either fair and good, or not<br />

fair and good, depending upon which side<br />

of the fence they are. The ultimate decisions<br />

and answers may have to be given by<br />

the courts. It is to be fervently hoped that all<br />

of them, however, will be answered instead<br />

by distributors and by exhibitors with a minimal<br />

amount of litigation."<br />

In his comment on the restrictions against<br />

theatre expansion by distributors. Levy says<br />

that under the language of the decision distributors<br />

are free to acquire theatres again<br />

without court approval, because the decision<br />

limits this provision to "exhibitor defendants."<br />

"Since this provision refers only to exhibitor<br />

defendants," he says, 'it would appear<br />

that, as in the Paramount companies consent<br />

decree, there is no prohibition against the<br />

new distribution companies, after divorcement,<br />

acquiring theatres without court permission,<br />

so long as they are not theatres<br />

previously theirs or those of any other defendant."<br />

Levy said TOA was gratified<br />

dorsement of arbitration.<br />

at the en-<br />

'Shocking' Decision<br />

May Speed Decree<br />

NEW YORK Although the new antitrust<br />

decision of the three-judge expediting<br />

court came as an "unpleasant shock" to Warners,<br />

20th Century-Pox and Loew's, it is reported<br />

that these companies may reach an<br />

agreement with the Department of Justice<br />

patterned after the Paramount consent decree.<br />

The court ordered the Department of Jus-,<br />

tice and the defendants to submit proposed<br />

decrees by September 20, and expressed the'<br />

hope that both sides might be able to agreej<br />

as to which theatres will be sold because'<br />

they come within the Supreme Court's opinion<br />

on monopoly holdings.<br />


Less than 48 hours after the three-judge;<br />

court ruled that complete divorcement is the<br />

only solution to the antitrust case, leading<br />

officials of Warners, Loew's and 20th-Fox<br />

met in the MPAA offices to consider a course!<br />

of action. At the same time their lawyersi<br />

were holding home office sessions to discuss'<br />

the various implications of the opinion.<br />

It has also been reported that little hopc|<br />

is held for a successful Supreme Court appeal<br />

but that an appeal against complete divorce-!<br />

ment may be filed as a matter of routine.<br />

The opinion came as a hard blow to J'<br />

Robert Rubin, vice-president and general<br />

counsel for Loew's. He said he was "shocked,']<br />

because Loew's has always operated withlii<br />

the confines of the antitrust law and its drl<br />

cult is relatively small. !<br />

At 20th-Fox and Warners the attorney!<br />

reacted as if they had expected a tough de!<br />

cision, although not complete divorcement<br />

"To put is mildly," one said, "the decision wa'<br />

unpleasant."<br />

;<br />

However, they did not think that it wll<br />

lead to a more severe decree than the on<br />

signed by the Department of Justice am<br />

Paramount. That decree separates produc<br />

tion-distribution from exhibition; requires th<br />

sale of theatres in closed situations and ii<br />

so-called first run monopoly situations, ani •«!*,<br />

established a trusteeship for the theatre com I *- d.<br />

pany stock pending the sale of stock in on<br />

of the companies by the present shareholder;<br />


The Little Three—Columbia, Umted Art;<br />

tists and Universal-International—accepte<br />

the decision as better than they had expectec<br />

They said the three-judge court helped<br />

lot by clarifying certain issues over road<br />

shows, extended runs, moveovers, franchise<br />

and group selling.<br />

Louis D. Frohlich, attorney for Columbli;<br />

pointed out that roadshows will be permitte<br />

as long as the contracts do not fix admL'i<br />

sions or contain any other restraints; frar<br />

chises with independents will be permitted<br />

they also steer clear of restraints, and th<br />

same applies to moveovers and extendt<br />

run. He also said that he has been vind,<br />

cated in his fight for group selling on a th(<br />

atre-by-theatre basis. The court will permj<br />

group selling, but banned the conditioning<br />

one picture on the sale of another. Frohll*<br />

said Columbia has been using this methf!<br />

for years.<br />

Lawyers for United Artists and U-I s]<br />

his view that nothing could be gained by<br />

Supreme Court appeal.<br />

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Equity No. 87-273<br />


Plaintiff,<br />

against<br />

















Defendants.<br />

Before<br />

AUGUSTUS N. HAND, Circuit Judge,<br />


District Judges.<br />

Herbert A. Bergson, Assistant Attorney General;<br />

Robert L. Wright and J. Francis Hoyden,<br />

Special Assistants to the Attorney General;<br />

George H. Davis, Jr., and Harold Lasser,<br />

Special Attorneys, for United States of<br />

America.<br />

Davis, Polk, Wordwell, Sunderland & Kiendl; J.<br />

Robert Rubin, Attorneys for Defendant Loew's,<br />

Inc.; John W. Davis, J. Robert Rubin, S. Hazard<br />

Gillespie, Jr., and Benjamin Melniker,<br />

Counsel.<br />

Joseph M. Proskauer and Robert W. Perkins,<br />

Attorneys for the Warner defendants; Joseph<br />

M. Proskauer, Robert W. Perkins, J. Alvin Van<br />

Bergh, Howard Levinson, and Harold Berkowitz,<br />

Counsel.<br />

James F. Byrnes; Dwight Harris Kloegel &<br />

Caskey, Attorneys for Twentieth Century-Fox<br />

Film Corporation and National Theatres Corporation,<br />

Defendants; James F. Byrnes, Otto<br />

E. Kloegel, John F. Caskey, and Frederick W.<br />

R. Pride, Counsel.<br />

Schwartz & Frohlich, Attorneys for Defendant.<br />

Columbia; Louis D. Frohlich and Everett A.<br />

Frohlich, Counsel.<br />

Charles D. Prutzmcn, Attorney for the Universal<br />

Defendants; Cyril S. Landau, Counsel.<br />

O'Brien, Driscoll & Raftcry, Attorneys for the<br />

Defendant United Artists Corporation; Edward<br />

C. Raftery and George A. Raftery, Counsel.<br />

AUGUSTUS N. HAND, Circuit Judge:<br />

This case comes before us after a decision<br />

by the Supreme Court affirming in part and<br />

reversing in part our decree and findings of<br />

December 31, 1946. United States v. Paramount<br />

Pictures, Inc., 334 U. S. 131. Under oiufindings<br />

of fact, we held that there had been<br />

violations of Sections 1 and 2 of the Sherman<br />

Anti-Trust Act which were summarized in the<br />

conclusions of law as follows:<br />

"7. The defendants Paramount Pictures,<br />

Inc.; Paramount Film Distributing Corporation;<br />

Loew's, Incorporated: Radio-Keith-Orpheum<br />

Corporation, RKO Radio Pictures,<br />

Inc.; Keith-Albee-Orpheum Corporation;<br />

RKO Proctor Corporation; RKO Midwest<br />

Corporation; Warner Bros. Pictures, Inc.;<br />

Vitagraph, Inc.; Warner Bros. Circuit Management<br />

Corporation; Twentieth Century-<br />

Fox Film Corporation; National Theatres<br />

Corporation; Columbia Pictures Corporation;<br />

Columbia Pictures of Louisiana, Inc.; Universal<br />

Corporation; Universal Film Exchanges,<br />

Inc.; Big U Film Exchange, Inc.;<br />

and United Artists Corporation have imreasonably<br />

restrained trade and commerce in<br />

the distribution and exhibition of motion<br />

pictures and attempted to monopolize such<br />

trade and commerce, *** in violation of the<br />

Sherman Act by:<br />

"(a) Acquiescing in the establishment of a<br />

price fixing system by conspiring with one<br />

another to maintain theatre admission prices;<br />

"(b) Conspiring with each other to maintain<br />

a nationwide system of runs and clearances<br />

which is substantially uniform in each<br />

local competitive area.<br />

"8. The distributor defendants Paramount<br />

Pictures, Inc.; Paramount Film Distributing<br />

Corporation; Loew's, Incorporated; Radio-<br />

Keith-Orpheum Corporation; RKO Radio<br />

Pictures, Inc.; Warner Bros. Pictures, Inc.;<br />

Vitagraph, Inc.; Twentieth Century-Fox Film<br />

Corporation; Columbia Pictures Corporation;<br />

Columbia Pictures of Louisiana. Inc.; Universal<br />

Coi-poration; Universal Film Exchanges,<br />

Inc.; Big U Film Exchange, Inc.; and United<br />

Artists Corporation, have unreasonably restrained<br />

trade and commerce in the distribution<br />

and exhibition of motion pictures and<br />

attempted to monopolize such trade and<br />

commerce, *** in violation of the Sherman<br />

Act by:<br />

"(a) Conspiring with each other to maintain<br />

a nationwide system of fixed minimum<br />

motion picture theatre admission prices;<br />

"(b) Agreeing individually with their respective<br />

licensees to fix minimum motion<br />

picture theatre admission prices;<br />

"(c) Conspiring with each other to maintain<br />

a nationwide system of runs and clearances<br />

which is substantially uniform as to<br />

each local competitive area;<br />

"(d) Agreeing individually with their respective<br />

licensees to grant discriminatory<br />

license privileges to theatres affiliated with<br />

other defendants and with large circuits as<br />

found in finding No. 110 above;<br />

"(e) Agreeing individually with such licensees<br />

to grant unreasonable clearance<br />

against theatres operated by their competitors;<br />

"(f) Making master agreements and franchises<br />

with such licensees;<br />

"(g) Individually conditioning the offer of<br />

a license for one or more copyrighted films<br />

upon the acceptance by the licensee of one<br />

or more other copyrighted films, except in<br />

the case of the United Artists Corporation;<br />

"(h) The defendants Paramount and RKO<br />

making formula deals.<br />

"9. The exhibitor-defendants, Paramount<br />

Pictures, Inc.; Loew's, Incorporated; Radio-<br />

Keith-Orpheum Corporation; Keith-Albee-<br />

Orpheum Corporation; RKO Proctor Corporation;<br />

RKO Midwest Corporation; Warner<br />

Bros. Pictures, Inc.; Warner Bros. Circuit<br />

Management Corporation; Twentieth<br />

Century-Fox Film Corporation; and National<br />

Theatres Corporation have unreasonably restrained<br />

trade and commerce in the distribution<br />

and exhibition of motion pictures '•••in<br />

violation of the Sherman Act by:<br />

"(a) Jointly operating motion picture theatres<br />

with each other and with independents<br />

through operating agreements or profit-sharing<br />

leases;<br />

"(b) Jointly owning motion picture theatres<br />

with each other and with independents<br />

through stock interests in theatre buildings;<br />

"(c) Conspiring with each other and with<br />

the distributor-defendants to fix substantially<br />

uniform minimimi motion pictures theatre<br />

admission prices, runs, and clearances;<br />

"(d) Conspiring with the distributordefendants<br />

to discriminate against independent<br />

competitors in fixing minimum admission<br />

price, run, clearance, and other license terms."<br />

As a remedy for the violations which we<br />

have summarized above, we held that a system<br />

of competitive bidding for film licenses<br />

should be introduced, saying in Finding 85<br />

that:<br />

"Competition can be introduced into the<br />

present system of fixed admission prices,<br />

clearances, and runs, by requiring a defendant-distributor<br />

when licensing its featiires to<br />

grant the license for each run at a reasonable<br />

clearance (if clearance is involved) to the<br />

highest bidder, if such bidder is responsible<br />

and has a theatre of a size, location, and<br />

equipment adequate to yield a reasonable return<br />

to the licensor. In other words, if two<br />

theatres are bidding and are fairly comparable,<br />

the one offering the best terms shall<br />

receive the license. Thus, price fixing among<br />

the licensors or between a licensor and its<br />

licensees as well as the non-competitive<br />

clearance system may be terminated."<br />

We also said in Finding 111 that the granting<br />

of discriminatory license privileges would<br />

be impossible under such a system of competitive<br />

bidding as we have mentioned. In<br />

addition to providing a system of competitive<br />

bidding, we enjoined the unlawful practices<br />

above referred to, other than discrimination<br />

in granting licenses, which was sufficiently<br />

obviated by the provisions for competitive<br />

bidding.<br />

In connection with the foregoing, we denied<br />

the application of the plaintiff to divest the<br />

major defendants of their theatres on the<br />

ground that such a remedy was too harsh<br />

and that the system of competitive bidding<br />

when coupled with the injunctive relief<br />

against the practices we found to be imlawful<br />

was adeguate relief, at least until the efficiency<br />

of that system had been tried and found<br />

wanting. We held that the root of the lack<br />

of competition lay not in the o-miership of<br />

many or most of the best theatres, but in the<br />

illegal practices of the defendants, which<br />

we believed would be obviated by the remedies<br />

we proposed. We examined the theatre<br />

holdings of the major defendants, found that<br />

they aggregated only about 17"^^ of all theatres<br />

in the United States, and held tJiat these<br />

defendants by such theatre holdings alone<br />

did not collectively or individually have a<br />

monopoly of exhibition. While we did not<br />

find in express terms that there was no<br />

monopoly in first-nm exhibition, we did review<br />

the statistics as to the first-run ownership<br />

in the 92 largest cities and stated in our<br />

.; Jlllj*<br />

BOXOFTICE :: July 30, 1949<br />

I<br />


^<br />

'j:<br />

I<br />

opinion of June 11, 1946, that the defendants<br />

were not to be viewed collectively in determining<br />

the question of monopoly. See 66 P.<br />

Supp. 323, 354. We also found no substantial<br />

proof that any of the corporate defendants<br />

was organized or had been maintained for<br />

the purpose of achieving a national monopoly.<br />

Finding No. 152. Likewise, even as to localities<br />

where one defendant owned all first-run<br />

theatres, we found no sufficient proof of<br />

purpose to create a monopoly or that the total<br />

ownership in such places had not rather<br />

arisen from the inertness of competitors,<br />

their lack of financial ability to build comparable<br />

theatres, or from the preference of<br />

the public for the best equipped theatres.<br />

Finding No. 153.<br />

Supreme Court Cited<br />

In its opinion remanding the case for<br />

further consideration in certain respects, the<br />

Supreme Court affirmed our findings as to<br />

price-fixing, runs, clearances, and discriminatory<br />

licenses and other practices which we<br />

found to be unlawful, with certain minor<br />

reservations as to the unlawfulness of joint<br />

interests and franchises. It eliminated, however,<br />

the provisions of our decree for competitive<br />

bidding "so that a more effective<br />

decree may be fashioned," adding by way of<br />

caution that: "The competitive bidding system<br />

was perhaps the central arch of the<br />

decree designed by the District Court. Its<br />

elimination may affect the cases in ways<br />

other than those which we expressly mention.<br />

Hence on remand of the cases the<br />

freedom of the District Court to reconsider<br />

the adequacy of decree is not limited to those<br />

parts we have specifically indicated." [334<br />

U. S. at p. 1661. It directed our further consideration,<br />

of monopoly, divestiture and expansion<br />

of theatre holdings, giving as one<br />

reason the following: "As we have seen, the<br />

District Court considered competitive bidding<br />

as an alternative to divestiture in the<br />

sense that it concluded that further consideration<br />

of divestiture should not be had until<br />

competitive bidding had been tried and found<br />

12<br />

there has been a geographic distribution of<br />

theatre ownership among the major defendants.<br />

The opinion also says:<br />

"It is clear, so far as the five majors are<br />

concerned, that the aim of the conspiracy<br />

was exclusionary, i. e. it was designed to<br />

strengthen their hold on the exhibition<br />

field. In other words, the conspiracy had<br />

monopoly in exhibition for one of its goals,<br />

as the District Court held. Price, clearance,<br />

"It is,<br />

and run are interdependent. The clearance<br />

and run provisions of the licenses<br />

fixed the relative playing positions of all<br />

theatres in a certain area; the minimum<br />

price provisions were based on playing<br />

position—the first-run theatres being reqvured<br />

to charge the highest prices, the<br />

second-run theatres the next highest, and<br />

so on. As the District Court found, 'In<br />

effect, the distributor, by the fixing of minimum<br />

admission prices, attempts to give the<br />

prior-run exhibitors as near a monopoly of<br />

the patronage as possible.'<br />

therefore, not enough in determining<br />

the need for divestiture to conclude<br />

with the District Court that none of the<br />

defendants was organized or has been maintained<br />

for the purpose of achieving a<br />

'national monopoly,' nor that the five majors<br />

through their present theatre holdings<br />

'alone' do not and cannot collectively or<br />

individually have a monopoly of exhibition.<br />

For when the starting point is a conspiracy<br />

to effect a monopoly through restraints of<br />

trade, it is relevant to determine what the<br />

results of the conspiracy were even if they<br />

fell short of monopoly." [334 U. S. at pp<br />

170-171].<br />

We were also directed to determine whether<br />

any "illegal fruits" were acquired or maintained<br />

by the defendants as results of unlawful<br />

conspiracies and to divest any such<br />

fruits, irrespective of whether monopoly had<br />

in fact been achieved. The plaintiff has not<br />

introduced evidence to support any claim of<br />

divestiture of "Ulegal fruits" and expressly<br />

reserves the presentation of such an issue<br />

for the future.<br />

Because of the view of the Supreme Court<br />

as to matters to be specially considered on<br />

the remand as well as its view regarding<br />

other matters which it left open for consid-<br />

wanting. Since we eliminate from the decree<br />

the provisions for competitive bidding, it is<br />

necessary to set aside the findings on divestiture<br />

so that a new start on this phase of the<br />

cases may be made on their remand." [334<br />

U. S. at p. 1751.<br />

eration by this court, it set aside our findings<br />

As further reasons for directing a reconsideration<br />

of the above issues, we were asked visions prohibiting fiu-ther theatre expansion<br />

on monopoly and divestiture and our pro-<br />

to determine whether the vertical integration<br />

of the major defendants, which was held order that "the District Court should be<br />

and our provisions for competitive bidding, in<br />

not to be unlawful per se, was conceived with allowed to make an entirely fresh start on<br />

an intent to monopolize or was of such a the whole of the problem."<br />

character as to confer a known monopoly<br />

power. If the power be established, a specific<br />

Shift in Interpretation<br />

intent to monopolize need not be shown. As<br />

was said by Justice Douglas in United Statas Although we previoiisly held In Finding No.<br />

V. Griffith, 334 U. S. 100, 105 and referred<br />

154 that the illegalities and restraints were<br />

to In United States v. Paramount, 334 U. S.<br />

not in the ownership of theatres by the major<br />

131, 173:<br />

defendants but In their unlawful practices,<br />

"It is, however, not always necessary to this finding was made because of our view<br />

find a specific intent to restrain trade or to that the competitive bidding system, when<br />

build a monopoly in order to find that the coupled with Injunctions, would terminate the<br />

anti-trust laws have been violated. It is sufficient<br />

that a restraint of trade or monopoly nated, the theatre ownerships alone would not<br />

illegalities, and if such illegalities were termi-<br />

results as the consequence of a defendant's be unlawful. This interpretation of our finding<br />

is justified by our former conclusion<br />

conduct or business arrangements. United<br />

States v. Patten, 226 U. S. 525. 543': United that divestiture should not be tried unless<br />

States V. Masonite Corp., 316 U. S. 265, 275. the competitive bidding system was found<br />

To require a greater showing would cripple wanting. In other words, if theatre ownership<br />

were regarded as under no circumstances<br />

the Act. As stated in United States v. Aluminum<br />

Co. of America. 148 F. 2d 416, 432, -no related to violations of the Sherman Act,<br />

monopolist monopolizes imconsclous of what divestiture could not be a proper remedy and<br />

he is doing.' Specific intent in the sense In would not have been suggested as a possible<br />

which the common law used the term Is alternative in our former opinion.<br />

necessary only where the acts fall short of the Similarly, our Findings 152 and 153 that<br />


:'.<br />

,<br />

j^,30,liWsOXOFnCE<br />

complete freedom from price competition<br />

among theatre holders could only be obtained<br />

if prices were fixed by all distributors, and<br />

such a result was substantially obtained.<br />

Consequently, the system of theatre licensing<br />

had a vital and all-pervasive effect in restricting<br />

competition for theatre patronage.<br />

In our Finding 72 we held that: "The differentials<br />

in admission price set by a distributor<br />

in licensing a particular feature in<br />

theatres exhibiting on different inins in the<br />

same competitive area are calculated to encourage<br />

as many patrons as possible to see<br />

the picture in the prior-run theatres" and<br />

thus the distributor "attempts to give the<br />

prior-rim exhibitors as near a monopoly of<br />

the patronage as possible." This policy not<br />

only benefited the distrijjutors in securing to<br />

them a maximum rental income from their<br />

3 S! p. Hi<br />

films, but also benefited the major defendants<br />

! ici liJ mH<br />

as exhibitors, since they were by far<br />

the largest owners of first-i-un theatres in<br />

s 'hell le, jii<br />

1<br />

the coimtry.<br />

'--ut ioiul i<br />

On Runs and Clearances<br />

1 "S7 8(...<br />

The fixed ^nai system, of runs and clearances<br />

the mji<br />

which we found, involved a cooperative arrangement<br />

among the defendants, was also<br />

ia:iitlieal)stat<br />

sill?, the andesigned<br />

to protect their theatre holdings<br />

Stintats hiB<br />

ctajTOlatioBsi<br />

and safeguard the revenue therefrom. Like<br />

the system of fixed prices, it could only succeed<br />

in eliminating competition if the defendants<br />

generally cooperated in maintaining it,<br />

s Holds I as we have held they did. The major defendants'<br />

predominant position in first-rim theatre<br />

'. ';!<br />

MaiiS<br />

- ::i:> 'or<br />

holdings<br />

fai:<br />

was strongly protected by a fixed<br />

system of clearances and runs. As we said in<br />

'T.^ *belr fib<br />

our former opinion:<br />

i,-; ilteted us<br />

-:::;. Wefe<br />

"The evidence we have referred to shows<br />

-.":.;:?(! mf& that both independent distributors and exhibitors<br />

ii mjar fr<br />

when attempting to bargain with<br />

the defendants have been met by a fixed<br />

scale of clearances, runs, and admission<br />

•.-:r; (ompei;;!<br />

prices to which they have been obliged to<br />

conform if they wished to get their pictures<br />

.T. •.•fi::es mte<br />

c:;ht:, sme ti<br />

shown upon satisfactory runs or were to<br />

-A bv any compete in exhibition either with the defendants'<br />

theatres or with theatres to which<br />

• tin<br />

i :.:?:.« w<br />

ie the biiiite<br />

latter have licensed their pictures. Un-<br />

tin<br />

j~(r W.tla der the circumstances disclosed in the record<br />

- ure one of i<br />

there has been no fair chance for either<br />

the present or any future licensees to<br />

change a situation sanctioned by such effective<br />

.._. [:-;(: opinii<br />

control and general acquiescence as<br />

have obtained." [66 F. Supp. at p. 346].<br />

- -lirfdantsi*<br />

,',.-:;: B Our view was confirmed jrices<br />

Douglas<br />

.'.k,.ji<br />

as follows:<br />

;jiey oti<br />

by Mr. Justice<br />

,^-'':pwea<br />

"Clearances have been used along with<br />

price fixing to suppress competition with<br />

""ieiiiitotii!<br />

the theatres of the exhibitor defendants<br />

T.v-^ areasand<br />

with other favored exhibitors." [334<br />

."jfj.^jxalaft<br />

U. S. 131, 148].<br />

'^;"- li'J'aiii<br />

While we pointed out in our former opinion<br />

that there was discrimination in clearance<br />

and run by distributors and theatre<br />

m<br />

holders in particular instances, such as Goldman<br />

Theatres v. Loew's, 150 F. 2d 738 (C.A. 3),<br />

and Bigelow v. RKO Radio Pictures, Inc., 150<br />

P. 2d 877 (C.A. 7), reversed on other grounds,<br />

327 U. S. 251, we concluded that we could not<br />

:-ii;on'<br />

-_s<br />

say upon the facts before us that this discrimination<br />

was general. Nevertheless, as<br />

IWP-'-<br />

already stated, we held that the defendants<br />

had set up a system of fixed runs and clearances<br />

'ertial.';<br />

'\Jgj0<br />

which prevented any effective com-<br />

petition by outsiders. This system, in the<br />

absence of competitive bidding which has<br />

now been rejected, gave the defendants a<br />

practical control over the run and clearance<br />

status of any given theatre and irrespective<br />

.r/jnes?««f of the extent of local discriminations violated<br />

the Sherman Act. It involved discrimination<br />

'-,i.c«.oiiis*f.<br />

against persons applying for li-<br />

^••;.= totl»'":„<br />

-<br />

..(Will'''<br />

'•'''<br />

L<br />

OfTlS<br />

I censes and seeking runs and clearances for<br />

[their theatres, because they had no reason-<br />

,able chance to improve their status by building<br />

or improving theatres while the major<br />

[defendants possessed superior advantages,<br />

erefore, though the evidence was insufficient<br />

to convince us that there was discrimination<br />

in negotiation for clearances and<br />

runs theatre by theatre, because it was welln.gh<br />

impossible to establish that a particular<br />

clearance or run was not refused because<br />

of the inadequacy of the applicant's theatre,<br />

the system of clearances and runs was such<br />

as to make competition against the defendants<br />

practically impossible.<br />

As we have held, the licensing agreements<br />

in use by the defendants discriminated<br />

against small independents in favor of the<br />

larger circuits of affiliated and unaffiliated<br />

theatres. This discrimination was effected<br />

through formula deals, and certain privileges<br />

frequently granted to large circuits in franchises<br />

and master agreements. They not onl^<br />

showed discrimination against small theatre<br />

owners, but in many instances also showed<br />

cooperation among the major defendants in<br />

their respective capacities as distributors and<br />

exhibitors. The minor defendants as distributors<br />

acceded to and cooperated with these<br />

restrictions, which excluded small independents.<br />

Formula deals and certain master agreements,<br />

both of which involved licenses to<br />

more than one theatre, and frequently to<br />

affiliated or large independent circuits, permitted<br />

the exhibitor to allocate film rental<br />

and playing time and thus precluded other<br />

theatre owners from the opportunity of competing<br />

for films theatre by theatre. While the<br />

Supreme Court has said that franchises are<br />

not necessarily objectionable per se, the defendants<br />

in various instances coupled their<br />

franchises with contract provisions which<br />

were not included in the standard forms of<br />

contract tmder which small independents<br />

were licensed. These provisions, which at<br />

times conferred great competitive advantages<br />

upon those receiving them, were:<br />

"Suspending the terms of a given contract,<br />

if a circuit theatre remains closed<br />

for more than eight weeks, and reinstating<br />

it without liability upon reopening; allowing<br />

large privileges in the selection and<br />

elimination of films; allowing deductions in<br />

fUm rentals if double bills are played;<br />

granting moveovers and extended runs;<br />

granting road show privilege^ allowing<br />

overage and underage; granting unlimited<br />

playing time; excluding foreign pictures<br />

and those of independent producers; granting<br />

rights to question the classification of<br />

features for rental purposes." [Finding 110].<br />

We have been instructed by the Supreme<br />

Court to consider the question of geographical<br />

distribution of theatres among the five major<br />

defendants. In dealing with this subject, we<br />

do not take into account the presence or<br />

absence of independent theatres in the areas<br />

dealt with. We have examined the defendants'<br />

theatre holdings and find that in cities<br />

of less than 100^000 in population, there is<br />

no doubt that Paramount, Warner, Fox and<br />

RKO owned or operated theatres either in<br />

largely separate market areas or in pools,<br />

without more than trifling competition among<br />

themselves or with Loew's. In cities having a<br />

population of more than 100,000, there was<br />

in general little competition among the defendants,<br />

although considerably more than<br />

in towns of under 100,000. A summary of<br />

the data which substantially represents the<br />

true situation, but owing to certain differences<br />

in the proofs offered must be regarded<br />

as approximate rather than as entirely accurate,<br />

is as follows:<br />

Cities of Less Than 100,000<br />

In cities of less than 100,000, Paramount<br />

had complete or partial interests in or pooling<br />

agreements* with other defendants affecting<br />

1,236 theatres located in 494 towns. In 13<br />

of these towns containing 31 of the theatres—<br />

or only 3%—there was competition with another<br />

defendant. In 9% of these towns com-<br />

:: July 30, 1949 m<br />

petition between Paramount and the only<br />

other defendant in the town was substantially<br />

lessened or eliminated by means of a pooling<br />

agreement affecting some or all of their theatres;<br />

and in this 9% were located 10% of<br />

Paramount 's theatre interests. And in 88%<br />

of the towns, containing 87 Si of Paramount's<br />

theatre interests, Paramoimt was the only defendant<br />

operating theatres. Thus it appears<br />

that there was little, if any, competition between<br />

Paramount and any other defendant in<br />

97%, of the towns of under 100,000 and in<br />

respect to 97 7o of the theatres in which<br />

Paramount had an interest.<br />

Fox had similar theatre interests in 428<br />

theatres located in 177 towns. In 13 of these<br />

towns containing 29 Fox theatres, or about<br />

7% thereof, there was competition with another<br />

defendant. In about 93% of the towns<br />

containing the same percentage of Fox's theatre<br />

interests, Fox was the only defendant<br />

operating theatres.<br />

Warner had similar theatre interests in<br />

306 theatres located in 155 towns of less than<br />

100,000. In 17 towns, or 11%, containing 30<br />

Warner theatres, or 10 7o of its holdings,<br />

there was competition with another major<br />

defendant. In 3% of the towns, competition<br />

between Warner and the only other defendant<br />

in the town was substantially lessened<br />

or eliminated by means of pooling agreements;<br />

and in this 3% were located 4% of<br />

Warner's theatre interests. In 86% of the<br />

towns containing the same percentage of<br />

Warner's theatre interests. Warner was the<br />

only defendant operating theatres. Thus,<br />

there appears to have been little, if any,<br />

competition between Warner and any other<br />

defendant in 89% of the towns and in respect<br />

to 90% of the theatres in which Warner<br />

had an interest.<br />

Loew had interests in only 17 theatres<br />

located in 14 towns. In 4 towns, or 29%, containing<br />

4 Loew theatres, or 23%, there was<br />

competition with another defendant. In 14%<br />

of the towns, competition was substantially<br />

lessened or eliminated by means of pooling<br />

agreements; and iA this 14% were located<br />

18% of Loew's theatre interests. In 57%; of<br />

the towns, containing 59% of Loew's theatre<br />

interests, Loew was the only defendant<br />

operating theatres. Thus, there appears to<br />

have been little, if any, competition between<br />

Loew and any other defendant in 71% of the<br />

towns and in respect to 77% of the theatres<br />

in which Loew had an interest. It is to be<br />

noted, however, that Loew's theatre interests<br />

in towns of less than 100,000 constitute a<br />

far smaller proportion of its total theatre<br />

holdings than do those of the other defendants.<br />

On Holdings of RKO<br />

RKO had interests in 150 theatres located<br />

in 66 towns. In 6 towns, or 10%, containing<br />

6 RKO theatres, or 4%, there was competition<br />

with another major defendant. In 60%<br />

of the towns, competition was substantially<br />

lessened or eliminated by means of pooling<br />

agreements, and in this 60% were located 73%<br />

of RKO's theatre interests. In 30% of the<br />

towns, containing 23% of RKO's theatre interests,<br />

RKO was the only defendant operating<br />

theatres. Thus, there appears to have<br />

been little, if any, competition between RKO<br />

and any other defendant in 90% of the towns<br />

and in respect to 96%. of the theatres in<br />

which RKO had an interest.<br />

As a further illustration of the absence of<br />

substantial competition among the five major<br />

defendants in towns of less than 100,000<br />

population, the proofs as to their total theatre<br />

holdings make the following showing<br />

which seems to us impressive. They had interests<br />

altogether in 2,020 theatres located in<br />

834 towns. In 26 towns, or 3%, containing<br />

'Pooling agreements and joint interests among<br />

defendants are treated as indistinguishable for the<br />

purF>ose of summarizing geographical distribution.<br />


|<br />

100 of their theatres, or 5%, there was competition<br />

among some of them. In somewhat<br />

over 5% of the towns, competition between<br />

them was substantially lessened or eliminated<br />

by means of pooling agreements, and in this<br />

5% were located IVo of their theatre interests.<br />

And in somewhat less than 92% of<br />

the towns, containing 88% of their theatre<br />

interests, only one of the major defendants<br />

owned theatres in the area. Thus, there<br />

appears to have been little, if any, competition<br />

among the five defendants or any of<br />

them in 91% of the towns and in respect<br />

to 95% of the theatres in which they had<br />

an interest.<br />

It appears from the foregoing that the<br />

effect of the geographical distribution in<br />

towns having a population of less than 100,-<br />

000 was largely to eliminate competition<br />

among all of the defendants in the areas<br />

where any of them had theatres. The details<br />

upon which our results have been based<br />

appear in the statistical data set forth at<br />

the end of the opinion in Appendix 1.<br />

Cities of 100.000 and Over<br />

In cities of over 100,000 Paramount had<br />

complete or partial interests in or pooling<br />

agreements with other defendants affecting<br />

352 theatres in 49 cities. In 18 of these cities,<br />

or 317c, containing 91 Paramount theatres,<br />

or 26%, there was competttion with other<br />

defendants. In an additional 10% of the<br />

cities, containing 17% of Paramount 's theatre<br />

holdings, there were other defendants<br />

having theatre interests, but those interests<br />

were so relatively small as compared with<br />

Paramount, both on first and later runs,<br />

that competition with Paramount was unsubstantial<br />

owing to the dominance which<br />

the latter's theatre holdings gave it. In 12%<br />

of these cities competition between Paramount<br />

and the only other defendants in the<br />

city was substantially lessened or eliminated<br />

by means of a pooling agreement affecting<br />

some or all of their theatres, and in this<br />

12% were located 18% of Paramount 's theatre<br />

interests. And in 41%, of the cities, containing<br />

39 %> of Paramount's theatre interests.<br />

Paramount was the only defendant operating<br />

theatres. Thus, it appears that there<br />

was little, if any, competition between Paramount<br />

and any other defendant in 63% of<br />

.<br />

the cities of over 100,000 and in respect to<br />

74% of the theatres in which Paramount<br />

had an interest.<br />

Pox had similar theatre interests in 211<br />

theatres located in 17 cities. In 5 of these<br />

cities, or 29%, containing 54 Fox theatres, or<br />

26%, there was competition with other defendants.<br />

In an additional 18% of the cities,<br />

containing 41% of Pox's theatre holdings,<br />

there were other defendants having theatre<br />

interests, but those interests were so relatively<br />

small as compared with Fox, both on<br />

first and later nms, that competition with<br />

Fox was imsubstantial owing to the dominance<br />

which the latter's theatre holdings<br />

gave it. In 53% of the cities, containing<br />

33% of Fox's theatre interests. Fox was the<br />

only defendant operating theatres. Thus, it<br />

appears that there was little, if any, competition<br />

between Pox and any other defendant<br />

In 71% of the cities and in respect to<br />

74% of the theatres in which Fox had an<br />

interest.<br />

Warner had similar theatre interests In<br />

243 theatres located in 26 cities. In 14 of<br />

those cities, or 54%, containing 89 theatres,<br />

or 37%, there was competition with other<br />

defendants. In an additional 8% of the<br />

cities, containing 5% of Warner's theatre<br />

holdings, there were other defendants having<br />

theatre interests, but those interests were<br />

so relatively small as compared with Warner,<br />

both on first and later runs, that competition<br />

with Warner was unsubstantial owing<br />

to the dominance which the latter's theatre<br />

holdings gave it. In 19% of these cities competition<br />

between Warner and the only other<br />

defendants in the city was substantially lessened<br />

or eliminated by means of a pooling<br />

agreement affecting some or aU of their theatres,<br />

and in this 19% were located 51% of<br />

Warner's theatre interests. And in 19% of<br />

the cities, containing 7% of Warner's theatre<br />

interests, Warner was the only defendant<br />

operatmg theatres. Thus, it appears that<br />

there was little, if any, competition between<br />

Warner and any other defendant in 46% of<br />

the cities and in respect to 63% of the theatres<br />

in which Warner had an interest.<br />

Loew had similar theatre interests in 144<br />

theatres located in 37 cities. In 32 of those<br />

cities, or 86%, containing 122 Loew theatres,<br />

theatres. Thus, it appears that there was<br />

little, if any, competition between Loew and<br />

any other defendant in 14% of the cities<br />

and in respect to 15% of the theatres in<br />

or 85%,, there was competition with other<br />

defendants. In 3% of these cities, competition<br />

between Loew and the only other defendant<br />

in the city was eliminated by means<br />

of a poolmg agreement affecting all of their<br />

theatres, and in this 3% were located 7% of<br />

Loew's theatre interests. And in 11% of the<br />

cities, containing 8%, of Loew's theatre interests,<br />

Loew was the only defendant operating<br />

which Loew had an interest. In the matter<br />

of mere geographical distribution of its theatres,<br />

Loew has the most favorable record of<br />

any of the major defendants. But it is to be<br />

noted that, while it is true that as to its<br />

neighborhood prior run theatres in New York,<br />

there was competition with RKO in the sense<br />

that both operated in New York on the sanie<br />

runs, nevertheless these two companies divided<br />

the' product of the various defendant<br />

distributors under a continmng arrangement<br />

so that there w^s no competition between<br />

them in obtaining pictures. Indeed, on one<br />

occasion where Paramount was having a long<br />

dispute with Loew's as to rental terms for<br />

Paramount fihns to<br />

be shown in Loew's New<br />

York neighborhood circuit of theatres, no attempt<br />

was made by Paramount to lease its<br />

films to RKO for exhibition in the latter's<br />

circuit, nor was any effort made by RKO<br />

to procure Paramoimt films as they both<br />

evidently preferred to adhere to the existing<br />

arrangement, imder which Loew's circuit consistently<br />

exhibited the films of itself. Paramount,<br />

United Artists, Columbia and half of<br />

Universal, whUe RKO exhibited the films of<br />

itself. Fox, Warner, and half of Universal.<br />

Accordingly, we think that the showing that<br />

85% of Loew's theatres are in competition<br />

with theatres of other defendants is misleading<br />

and may properly be reduced by the<br />

exclusion of its New York neighborhood<br />

theatres. If this is done, it would give Loew<br />

a percentage of approximately 42% of its<br />

theatres in competition with other defendants<br />

in cities over 100,000.<br />

of its theatre interests were located in New<br />

York on neighborhood nms, and the same<br />

comments as to distribution of film made in<br />

regard to Loew's are applicable to RKO. If<br />

its New York neighborhood theatre interests<br />

were excluded from the category of<br />

theatres in competition with other defendants,<br />

the RKO percentage would then be<br />

only about 16% in competition with other<br />

defendants.<br />

The major defendants had interests altogether<br />

in 1,112 theatres located in 87 cities<br />

of more than 100,000. In 46% of these cities,<br />

containing 23% of their theatre interests,<br />

only one of the major defendants owned<br />

theatres in the area. In 11.5% of the cities,<br />

competition between them was substantially<br />

lessened or eliminated by means of pooling<br />

agreements, and in this 11.5% were located<br />

16% of their theatre holdings. In an additional<br />

11.5% of the cities, containing 17%<br />

of their theatre interests, there was more<br />

than one defendant having theatre interests<br />

in the city, but the position of one defendant<br />

was so dominant relative to the others<br />

that competition between them was unsubstantial.<br />

In 31%, of the cities, containing 44%<br />

of their theatre interests, there was competition<br />

among the defendants. But the New<br />

York neighborhood theatres of Loew and<br />

RKO, which are included in reaching the<br />

44% figure, should properly be excluded because<br />

there is no competition between Loew<br />

and RKO in obtaining pictures for the reasons<br />

we have already given. This would reduce<br />

the percentage of defendants' theatres<br />

which compete with one another to 27.<br />

Limited Competition<br />

It appears from the foregoing that the effect<br />

of the geographical distribution in cities (<br />

jjlusliott*"'<br />

iJjarily<br />

tM^'<br />

moiliB ow ••<br />

ttoW<br />

& t!«"'-<br />

e( i<br />

:are;:'-<br />

Compelilini<br />

Ii m 'is: tbai<br />

fti<br />

conpfti'jts<br />

siicli<br />

mienlifi<br />

n.tlieDtlieiHali<br />

sistossitttpiA<br />

iKiiiiTiooldillic:<br />

itns tbemtlm, M<br />

ItlwealiadrM<br />

loB wunted pM<br />

having a population of more than 100,000 | BsililtbluK<br />

was substantially to limit competition among<br />

iitixaileils. In m<br />

the major defendants. The details upon<br />

(trilled flit I iTMd<br />

which our results have been based appear iitbeWH<br />

in the statistical data set forth at the end<br />

j<br />

of the opinion in Appendix 2.<br />

njot delendua n<br />

tillliesttes.<br />

The statistics contained in both Appendix Dm (I<br />

1 and Appendix 2 are derived from data submitted<br />

at the original trial and show the situation<br />

in 1945. Since the entry of our original<br />

decree, these figures have not been substantially<br />

changed as to towns of under 100,-<br />

000, but have been somewhat changed, principally<br />

by the dissolution of pools pursuant<br />

pret,<br />

to our decree, in fhe case of cities of more SratK<br />

than 100,000. The situation in 1945, however,<br />

would seem to be far more important<br />

in determining whether violations of the<br />

Sherman Anti-Trust Act occm-red than the<br />

status existing after the defendants had<br />

been found guilty of wrongs and were merely i<br />

it'll'.<br />

RKO in Larger Cities<br />

taking steps to carry out our remedial de- i<br />

RKO had similar theatre interests in 256 cree. For this reason, we have included<br />

'aeicise<br />

theatres in 31 cities. In 22 of these cities, statistics relating to the conduct of Paramount<br />

and RKO, even though the remedies<br />

or 72%, containing 190 theatres, or 74%,<br />

there was competition with other defendants. against them are now provided under con-<br />

,<br />

In an additional 6% of the cities, containing sent decrees.<br />

Ctll r;.:<br />

4% of RKO's theatre holdings, there were The plaintiff contends that the figures as i<br />

other defendants having theatre interests, to geographical distribution require a finding<br />

that there was an agreement to divide<br />

:* 0! '<br />

but those interests were so relatively small<br />

as compared with RKO, both on first and territory, but the evidence indicates that<br />

later runs, that competition with RKO was<br />

i<br />

&•..,<br />

much of the acquisition of theatres was due.<br />

unsubstantial owing to the dominance which<br />

to the buying up of circuits and that the pur- i<br />

;itfii!:v<br />

the latter's theatre holdings gave it. In 16% chases at least in some of these cases involved<br />

competition among certain of the de-<br />

%ali6r,<br />

of these cities, competition between RKO<br />

and the only other defendants in the city<br />

fendants. We, therefore, do not find an<br />

was substantially lessened or eliminated by<br />

agreement to divide territory geographically;<br />

means of a pooling agreement affecting some<br />

in the organization of the defendants' the-.<br />

or all of their theatres, and in this 16%<br />

atre circuits, but we do hold that the geographical<br />

distribution became a part of<br />

were located 15% of RKO's theatre interests.<br />

And in 6% of the cities, containing 7% 8'<br />

of<br />

RKO's theatre interests, RKO was the only<br />

system in which competition was largely a'>"il!-;ir,^'<br />

defendant operating theatres. Thus, it appears<br />

that there was little, if any, competi-<br />

by fixed runs, clearances and prices, by pool-/<br />

sent and the status of which was maintained<br />

tion between RKO and other defendants in ing agreements and joint ownerships among:<br />

•-a::;<br />

28% of the cities and in respect to 26% of the major defendants, and by cross-licensing:<br />

the theatres in which RKO had an interest. which made it necessary that they should<br />

With respect to mere geographical distribution,<br />

RKO's v./;, record icvuiu was «»o relatively ^^.^...^.j good b- but —" defendants that they had no opportunity to<br />

work together. The argument of some of the<br />

it is to ''be'^nored"^har'approximately" "58% change this geographical status not only<br />

nt otter neui gi p<br />

Nk froni bdii i<br />

BtewbiclitooiiH<br />

teoJlttfiii*'*."<br />

Pidfr,,<br />

.<br />


- '•im<br />

I<br />

j<br />

j<br />

major<br />

i and<br />

I some<br />

!: companies<br />

1<br />

BMkU would sufficiently control the reliance of the<br />

tat<br />

defendants on one another's product<br />

theatres. That system having been rej<br />

i t loth Ajjrt<br />

jected<br />

:^ Iron to<br />

by the Supreme Court, we must find<br />

s*<br />

other<br />

iiai show the 5<br />

means of preventing the major<br />

from being in a state of interde-<br />

^e:so!oiirw<br />

pendence which too greatly restricts competisiiTt<br />

not teens*<br />

•.;ju of into *<br />

rt'j;cliM?«i.P*<br />

tlon.<br />

One of the chief matters referred to us by<br />

the Supreme Court is the effect of vertical<br />

pools P«i<br />

integration upon competition in the industry.<br />

:: c:<br />

x-t i cities ol<br />

While vertical integration would not per se<br />

,jj juff impoM violate the Sherman Act, the Supreme Court<br />

'<br />

made it clear that if such integration is<br />

r ralaliins<br />

•<br />

conceived with a specific intent to control<br />

•ccin*'<br />

the market or creates a power to control the<br />

j<br />

t<br />

I<br />

j<br />

[:<br />

has<br />

We<br />

shown<br />

I<br />

market<br />

;<br />

has<br />

I<br />

illegal,<br />

I<br />

I<br />

illegal.<br />

I<br />

and<br />

,<br />

integrations<br />

was UK<br />

i asm jitetBii<br />

^ jl one defeii<br />

~"i to<br />

lie otlBi<br />

^ Bu: the h<br />

n* o! Imi uiH<br />

1 In leacUiigll<br />

itkoeWIt'<br />

(tiRi lot the %<br />

91 tliitmid<br />

lefaduiiftheslii<br />

ifgoig that the d'<br />

MMmlndlit<br />

te tki Witt<br />

; ggBldillOS iUIl<br />

HaMm<br />

Hie<br />

'ie'sttoJi<br />

seems inherently improbable but affirmatively<br />

contradicted by the making of pooling<br />

agreements and entering into joint ownerships<br />

with one another. Moreover, even in<br />

the relatively few areas where more than one<br />

of the major defendants had theatres, competition<br />

for first-run licensing privileges was<br />

generally absent because the defendants customarily<br />

adhered to a set method in the distribution<br />

and playing of their filmjs. In substantiation<br />

of the general picture, the plaintiff<br />

has shown, on the basis of a study of four<br />

seasons between the years 1936 and 1944,<br />

that during this period the privilege of firstrun<br />

exhibition of a defendant's films was<br />

ordinarily transferred from one defendant<br />

to another only as the result of dissolution of<br />

a theatre operating pool or an arbitrary division<br />

of the product known as a "split."<br />

The lack of competition which we have described<br />

has undoubtedly been induced in<br />

large measure by the reliance of the defendants<br />

on each other in obtaining pictures for<br />

use in their various theatres throughout the<br />

country. The defendants were also dependent<br />

on one another to obtain theatre outlets<br />

for their own pictures, for the best customers<br />

of any defendant were ordinarily one<br />

or more of the other defendants.<br />

Competitive Bidding Out<br />

We think that there can hardly be adequate<br />

competition among the defendants<br />

where such interdependence exists. Moreover,<br />

when the defendants were interdependent<br />

as to a great part of their activities, it<br />

necessarily would affect not only competition<br />

among themselves, but with independents.<br />

We have already found such effects in the<br />

various concerted practices of the defendants<br />

which have restricted competition with<br />

independents. In our former opinion, we<br />

provided for a system of competitive bidding<br />

1 for film in the beUef that such a system<br />

market which is accompanied by an intent<br />

to exercise trie power, the integration bejjjliii<br />

1 comes illegal.<br />

j<br />

. W<br />

Ksiat! ol '<br />

are not satisfied that the plaintiff has<br />

'(^ a calculated scheme to control the<br />

"i'i'l: 'if i<br />

^<br />

iiiidet t»|<br />

in the conception of the defendants'<br />

vertical integration, rather than a purpose to<br />

an outlet for their pictures and a<br />

•fftse cases* '"'—""'•<br />

'<br />

— -'- -' '-^- " '— ---'—'<br />

^ f»jKs» obtain '<br />

J,<br />

*<br />

supply of film for their theatres. li* But here<br />

sot to<br />

Jjtir'e a ^ ! ^^ ^^^ presented with a conspiracy among<br />

'<br />

the defendants to fix prices, runs and clear-<br />

iS<br />

I<br />

*l'*Tj!''jjs(il jances which we have already pointed out was<br />

B^^f'lmeig powerfully aided by the system of vertical<br />

oe<br />

"" ^<br />

oltte*<br />

jjjj<br />

-., i<br />

I .<br />

iants. Such a situation has made the vertical<br />

! (I integrations active aids to the conspiracy and<br />

rendered them in this particular case<br />

however innocent they might be in<br />

other situations. We do not suggest that<br />

every vertically integrated company which<br />

(engages in restraints of trade or conspiracies<br />

will thereby render its vertical integration<br />

The test is whether there is a close<br />

relationship<br />

j<br />

between the vertical integration<br />

the illegal practices. Here, the vertical<br />

were a definite means of carry-<br />

'ing out the restraints and conspiracies we<br />

(have described. Moreover, we concluded in<br />

lour prior findings, and the Supreme Court<br />

' -<br />

has affirmed our conclusion, that the distribution<br />

practices of the defendants constituted<br />

an attempt to obtain a monopoly in exhibition<br />

forbidden by the Sherman Act, a conclusion<br />

which requires the elimination of our Findings<br />

152 and 153, as explained above.<br />

In respect to monopoly power, we think it<br />

existed in this case. As we have shown, the<br />

defendants were all working together. There<br />

was a horizontal conspiracy as to pricefixing,<br />

runs and clearances. The vertical integrations<br />

aided such a conspiracy at every<br />

point. In these circumstances, the defendants<br />

must be viewed collectively rather than<br />

independently as to the power which they exercised<br />

over the market by their theatre holdings.<br />

See American Tobacco Co. v. United<br />

States, 328 U. S. 781. The statement in our<br />

former opinion that the defendants were to be<br />

treated individually is subject to our comments<br />

in dealing with Findings 152, 153 and<br />

154. We were 'then proposing to set up a<br />

bidding system which was thought adequately<br />

to restore competition and, therefore, to<br />

render a treatment of the defendants in the<br />

aggregate as irrelevant. We regard such<br />

treatment as now necessary.<br />

If viewed collectively, the major defendants<br />

owned in 1945 at least 70% of the firstrun<br />

theatres in the 92 largest cities, and the<br />

Supreme Court has noted that they owned<br />

60% of the first-rim theatres in cities with<br />

populations between 25,000 and 100,000. As<br />

distributors, they received approximately 73%<br />

of the domestic film rental from the films,<br />

except Westerns, distributed in the 1943-44<br />

season. These figures certainly indicate,<br />

when coupled with the strategic advantages<br />

of vertical integration, a power to exclude<br />

competition from these markets when desired.<br />

This power might be exercised either<br />

against non-affiliated exhibitors or distributors,<br />

for the ownership of what was generally<br />

the best first-run theatres, coupled w^ith the<br />

possession by the defendants of the best pictures,<br />

enabled them substantially to control<br />

the market. If an intent to exercise' the<br />

power be thought important, it existed in this<br />

case, as we noted above in finding an attempt<br />

to monopolize. Our former Finding No. 119<br />

was not made in consideration of first-run<br />

theatres but was based on total theatre holdings<br />

in the country, of which the theatres<br />

owned by the defendants represented but a<br />

small fraction. We, therefore, did not take<br />

into consideration the monopoly power in respect<br />

to first-run theatres, which we have<br />

since been directed to consider. Accordingly,<br />

our Finding No. 119 is in view of our further<br />

consideration misleading and must be vacated.<br />

We may add that what we have said about<br />

the power to exclude independents from firstruns<br />

in the 92 cities is supported by evidence<br />

of actual exclusion which is presented in the<br />

Government's original brief, pages 13-14 and<br />

35-40. In many cities, there was complete<br />

exclusion of independents and in numerous<br />

others a restricted distribution of pictures to<br />

independents, at times by only one of the<br />

defendants, and at other times by most<br />

limited percentages of pictures as compared<br />

with the number distributed to affiliated theatres.<br />

The facts as to film distribution in the<br />

1943-44 season show that the five major defendants<br />

achieved a monopoly of first-run<br />

exhibition of the feature films distributed by<br />

the five major defendants in about 43 of the<br />

92 cities of over 100,000 and of the feature<br />

films distributed by the eight defendants in<br />

about 143 of the 320 cities of 25,000 to 100,-<br />

000. [See Government Exhibits 489, 490,<br />

490 (a).] In addition to the proof of monopoly<br />

control in cities of more than 25,000, the<br />

plaintiff has produced proof that in approximately<br />

238 towns involving in all but about 17<br />

cases populations of less than 25,000 but<br />

having two or more theatres, some single one<br />

of the five major defendants, or in about 18<br />

cases two of the defendants, had all the theatres<br />

and therefore possessed a complete local<br />

monopoly in exhibition. [See Government<br />

Exhibit 488.] These figures are subject<br />

to some qualifications because of inaccuracy<br />

as to a few localities, but for the<br />

most part they appear to be correct and to<br />

show either total absence of competition or<br />

slight competition from drive-ins and theatres<br />

in nearby communities. They afford<br />

significant additional proof of monopoly control.<br />

Accordingly, there was not only the<br />

power to exclude which might be exercised<br />

at will but an actual exclusion approximating<br />

in the aggregate 70% of the first-run theatre<br />

market in the 92 largest cities. This percentage<br />

is based on the proportions of theatre<br />

ownership of the major defendants in these<br />

cities as compared with independents. There<br />

is certainly no reason to suppose that at least<br />

as great a percentage would not exist in favor<br />

of the major defendants in the number<br />

of feature films distributed on first-run.<br />

Furthermore, the power to fix clearances<br />

and runs which we have found existed and<br />

was exercised by the major defendants was<br />

in itself a power to exclude independents<br />

who were competitors, and was accompanied<br />

by actual exclusion.<br />


The Supreme Court has denied the remedy<br />

of requiring the defendants to offer films to<br />

the highest bidder and has required us to<br />

find some other means of obviating the illegal<br />

practices and attempted monopoly on<br />

the part of the defendants. The latter argue<br />

that the injunction issued in our prior decree,<br />

supplemented by a prohibition of discrimination<br />

against small independents and an adequate<br />

arbitration system, would afford a sufficient<br />

remedy. Mr. Justice Douglas has in<br />

this very case pointed out the inadequacies<br />

of an injunction to deal with situations much<br />

like the present. In discussing the objections<br />

to competitive bidding, he alluded to<br />

the fact that the determination of what was<br />

the best bid in a given case would depend<br />

on a comparison of the theatres and theatre<br />

operators desiring a picture, rentals offered,<br />

which might be a flat rental for one<br />

theatre and a percentage rental for another,<br />

and the relative value in respect to the various<br />

offers of the clearances and runs proposed.<br />

He said: "It would involve the judiciary<br />

in the administration of intricate and<br />

detailed rules governing priority, period of<br />

clearances, length of run, competitive areas,<br />

reasonable return, and the like." [United<br />

States V. Paramount Pictures, Inc., 334 U. S.<br />

131, 163.] Practically all of the same objections<br />

would exist if an injunction should be<br />

relied on as the only remedy for the abuses<br />

which have been found to exist in the case at<br />

bar. The effect of such a solution would be<br />

to leave the determination of difficult comparisons<br />

to the discretion of the very parties<br />

who have frequently abused that discretion<br />

in the past, or to a detailed supervision by<br />

the courts, the burden of whieh would only be<br />

ameliorated by a system of arbitration if and<br />

in so far as particular independents having<br />

grievances might be willing to adopt it. If<br />

we had regarded an injunction as a sufficient<br />

remedy, we would not have required a competitive<br />

bidding for films in our original<br />

opinion.<br />

In United States v. Crescent Amusement<br />

Co., 323 U. S. 173, 189-190, Mr. Justice Douglas,<br />

in discussing the inadequacy of injimctions<br />

and the propriety of divestiture to prevent<br />

violations of the Sherman Act, said:<br />

"The fact that the companies were affiliated<br />

induced joint; action and agreement.<br />

Common control was one of the instruments<br />

in bringing about unity of purpose and unity<br />

of action and in making the conspiracy ef-<br />

BOXOFFICE July 30, 1949 15

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cedure when another effective one is<br />

fective. If that affiliation continues, there<br />

wUl be tempting opportunity for these exhibitors<br />

to continue to act in combination<br />

against the independents. The proclivity in<br />

the past to use that affiliation for an unlawful<br />

end warrants effective assurance that no<br />

such opportunity will be available in the future.<br />

Hence we do not think the District<br />

Court abused its discretion in failing to limit<br />

the relief to an injunction against future<br />

violations. There is no reason why the protection<br />

of the public interest should depend<br />

solely on that somewhat cumbersome pro-<br />

available."<br />

In the Crescent case, the court accordingly<br />

affirmed an order of divestiture of stock<br />

held by the defendant companies to terminate<br />

affiliations and prevent further violations<br />

of the Act.<br />

Injunction Insufficient<br />

As an Injunction is regarded as an insuffi

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road shows, we see no reason for exempting<br />

them from the various injunctive provisions<br />

of our decree. It is entirely possible for the<br />

licensor to license for road shows, so long<br />

as it is not done in a discriminatory manner,<br />

either at a flat rental or on the basis<br />

of some percentage of what the show is<br />

thought likely to yield. But it would be unlawful<br />

in this, as in the case of other licenses,<br />

for the licensor to require a fixed admission<br />

price as a condition of the license.<br />

The three minor defendants argue that<br />

they should be allowed to retain their old customers<br />

irrespective of discrimination and<br />

contend that the Supreme Court has indicated<br />

that they possess tjiis right. We cannot<br />

so interpret the opinion of the Supreme<br />

Court. It only presented the argument that,<br />

if competitive bidding had been sanctioned,<br />

the three minor defendants would lose the<br />

relationships they had with old customers<br />

and would be at a disadvantage in competing<br />

with the more powerful major defendants<br />

whose own theatres were not subject to competitive<br />

bidding. The system of preferring<br />

old customers undoubtedly aided discrimination<br />

in the past and served as a ready excuse<br />

for a fixed system of runs and clearances<br />

and was to that extent unlawful. When separation<br />

of the business of distribution from<br />

that of the operation of theatres is effected,<br />

there will be a favorable market for the three<br />

minor defendants in which to license their<br />

pictures. This will be not only a compensation<br />

for inability to prefer their old customers<br />

but apparently a substantial added advantage<br />

to them in obtaining a greater opportunity<br />

to license their pictures than they<br />

had heretofore.<br />

The Decree<br />

The Supreme Court has asked us to divest<br />

any theatres which may be fruits of past illejgal<br />

restraints or conspiracies. It may appear<br />

jalso to be necessary, irrespective of our genleral<br />

plan of divorcement, to terminate the-<br />

!'atre monopolies in certain local situations<br />

[possessed by any individual defendant or by<br />

any new theatre circuit which may be set<br />

up under the divorcement decree we propose,<br />

nie plaintiff has presented insufficient evidence<br />

to justify us in disestablishing particular<br />

theatres either on the theory of local<br />

monopolies or of illegal fruits, and indeed it<br />

has formally stated that evidence of illegal<br />

fruits is not now available. So far as local<br />

.monopolies are concerned, the statistics prejSented<br />

by the plaintiff were furnished to support<br />

the need for a general divorcement which<br />

ithis opinion has sanctioned and did not prepisely<br />

reach any situations of local monopoly<br />

iWhich may require divestiture of specific<br />

theatres. Moreover, certain of the statistics<br />

presented by the plaintiff go no farther than<br />

the year 1945, and there have been various<br />

changes In theatre holdings since that date.<br />

Accordingly, consideration of fruits and local<br />

monopolies will be suspended tn the decree<br />

which we shall presently make.<br />

In accordance with the instructions of the<br />

Supreme Court it is necessary that the provisions<br />

of paragraph 6 In Section III of our<br />

former decree in respect to expansion of theatre<br />

holdings be vacated. A provision should<br />

be substituted in the decree to be entered<br />

which enjoins the three exhibitor-defendants<br />

and any theatre-holding corporation resulting<br />

from the divorcement we propose from<br />

acquiring a beneficial interest in any additional<br />

theatre unless the acquiring exhibitordefendant<br />

or corporation shall show to the<br />

satisfaction of the court, and the court shall<br />

first find, that such acquisition wiU not unduly<br />

restrain competition in the exhibition<br />

of feature motion pictures.<br />

It is argued by the plaintiff that a Umited<br />

prohibition of cross-licensing of pictures<br />

among the three major defendants should be<br />

adopted temporarily. We think such a limitation<br />

would be unwarrantedly injurious both<br />

to those defendants and to the public. The<br />

plaintiff proposes that each major defendant<br />

be enjoined from licensing more than<br />

half of Its films to any of the other defendants<br />

pending the completion of divorcement<br />

plans in those towns where the plaintiff<br />

claims there are no inde{>endent theatres or<br />

at least no independent first-run theatres.<br />

The plaintiff evidently hopes that such a limitation<br />

would induce independents to acquire<br />

theatres in so-called closed towns. Unless<br />

and until that should happen, one or two of<br />

the major defendants might be unable to<br />

show more than half of their pictures in such<br />

towns, and if but one of the major defendants<br />

had theatres there, those theatres could<br />

show only half of the films of the other two.<br />

It is manifest that this limitation upon crosslicensing<br />

would injure both the major defendants<br />

and the public, who would be deprived<br />

of seeing some of the pictures. In<br />

addition to this, the selection of the particular<br />

pictures in the half which could be licensed<br />

would Involve some difficulties and<br />

might prove in the end to have been unwise,<br />

both for the distributor involved and the<br />

public interest. Our remedy of divorcement<br />

will meet all of the purposes for which the<br />

plaintiff is striving. We do not think that<br />

its completion will be so delayed as to justify<br />

this doubtful and difficult ad interim remedy<br />

proposed by the plaintiff.<br />

The arbitration system and the Appeal<br />

Board which has been a part of it have been<br />

useful in the past and as we understand it<br />

have met with the general approval of the<br />

plaintiff and of those defendants who have<br />

agreed to It. In our opinion It has saved<br />

much litigation in the courts and It should<br />

be continued. Accordingly, the three major<br />

distributor-defendants and any others who<br />

are willing to file with the American Arbitration<br />

Association their consent to abide by<br />

the rules of arbitration and to perform the<br />

awards of arbitrators, should be authorized<br />

to set up an arbitration system with an accompanying<br />

Appeal Board, which wiU become<br />

effective as soon as it may be organ-<br />

, ized after the decree to be entered in this<br />

"<br />

action shall be made, upon terms to be settled<br />

by the court upon notice to the parties<br />

to this action.<br />

The decree herein should be settled on notice<br />

and should be in accord vrith what we<br />

have said in the foregoing opinion. The terms<br />

as to divorcement set forth in the plaintiff's<br />

proposed decree seem to us satisfactory, except<br />

that the reference to paragraph 10 in<br />

Section III relating to joint interests, which<br />

we have rejected, should be deleted. We also<br />

approve of the further proposal of the plaintiff<br />

that the plaintiff and the defendants<br />

shall submit plans calling for such divestiture<br />

of theatres as may comply with the requirements<br />

of the Supreme Court regarding<br />

local monopolies and Illegal fruits. Any ultimate<br />

disposition, however, must await a<br />

later order which shall be dependent upon<br />

the proof the plaintiff may furnish as to<br />

local monopolies and illegal fruits. We may<br />

perhaps indulge in the hope that the parties<br />

may be able to agree as to the di^osition<br />

of any such interests, as they have done in<br />

the case of joint ownerships.<br />

We do not approve of the provisions liniiting<br />

cross-licensing pending the completion<br />

of divorcement or the provisions relating to<br />

dissolution of joint interests with independents,<br />

which have been sufficiently provided<br />

for in stipulations of the three major<br />

defendants and the orders entered thereon<br />

to which we have made reference. Our opinion<br />

indicates other changes in the decree proposed<br />

by the plaintiff, which should be embodied<br />

in the amended decree.<br />

We have specified former findings which<br />

should be vacated and in some instances<br />

have set forth proper substitutes. Further<br />

disposition of any findings to be made should<br />

await submission by the parties.<br />

Submit proposed amended decree and findings<br />

on or before September 20, 1949.<br />

AUGUSTUS N. HAND, U. S. C. J.<br />

Dated July 25, 1949.<br />

HENRY W. GODDARD, U. S. D. J.<br />

ALFRED C. COXE, U. S. D. J.<br />

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APPENDIX 1<br />


TOWNS UNDER 100,000 — 1945<br />


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ALBANY<br />

Fox Screening Room<br />

1052 Broadwoy<br />


RKO Screening Room<br />

195 Lucl

.<br />

Before<br />

Exhibitors for Film Festival;<br />

Distributors Are Studying It<br />

NEW YORK—Great interest has developed<br />

among exhibitors in the Film Festival<br />

plan to stimulate business proposed by<br />

Gael Sullivan, Theatre Owners of America<br />

executive director. Letters came in steadily<br />

to TOA headquarters during the first<br />

week after Sullivan announced his plan<br />

through a memo to leading lights in the<br />

industry, and almost all of them were favorable.<br />

A few questioned details or suggested<br />

extension of the plan.<br />

Sullivan said that when he has sufficient<br />

wTitten evidence of exhibitor interest to back<br />

up his contention that the plan is sure to<br />

boom October theatre business, he will ask<br />

distributors and producers to meet with him<br />

and go over the subject thoroughly. He said<br />

that a date for such a meeting might be set<br />

within a week.<br />

Comment was slow in coming from distributors,<br />

evidently because of a suggestion that<br />

clearances be relaxed and also because of a<br />

necessity for an increased number of prints,<br />

suggested by Sullivan, to insure real national<br />

coverage. Nicholas M. Schenck, president of<br />

Loew's, wrote acknowledging Sullivan's<br />

memo. He said he had referred the matter<br />

to WiUiam F. Rodgers, vice-president and<br />

general sales manager, for consideration, and<br />

When It<br />

that Sullivan would hear direct from Rodgers.<br />

Sullivan said he had included the matter<br />

of clearances so that 30-day and 60-day exhibitors<br />

would not be excluded from obtaming<br />

the topnotch pictures designed to attract<br />

new patrons to the theatres as well as increase<br />

attendance by the regulars.<br />

Sullivan has an open mind on the subject<br />

of reduced clearances and. doubling of the<br />

number of<br />

When he began discussion of the general idea<br />

of a festival several months ago. he sounded<br />

sentiment at six regional TOA conventions<br />

In each instance smaller exhibitors pointed<br />

out that with regular clearances they would<br />

not get a chance to play any of the specially<br />

selected films within the month allotted.<br />

In some areas, exhibitors pointed out, under<br />

ordinary conditions about five to ten<br />

prints are available. These theatremen<br />

pointed out to him that the regional mass<br />

prints for use during the festival.<br />

openings staged by some of<br />

the major companies,<br />

the latest of which has been RKOs<br />

New England campaign on "The Mighty Joe<br />

Young," set a pattern for special short-period<br />

stimulation.<br />

Sullivan says that he hopes this problem<br />

com-<br />

can be settled to the satisfaction of all<br />

panies at a conference.<br />

Comes to Public Relations,<br />

Maryland Exhibitors Are Scientific<br />

BALTIMORE — Maryland exhibitors are<br />

about to launch one of the most ambitious<br />

public relations programs ever sponsored by<br />

an exhibitor association, and they are undertaking<br />

it on a scientific planned program.<br />

embarking on the plan, they had the<br />

industry itself and film patrons analyzed by<br />

an outside agency.<br />

They first went out to discover what the<br />

public thinks about the motion picture business,<br />

and then started planning.<br />

The findings showed that the biggest factor<br />

in the boxoffice slump is due to the indifference<br />

of the theatregoing public. Interest<br />

in motion pictures is at a low point. The<br />

thinking that pictures are bad, that the industry<br />

itself thinks pictures are at a low entertainment<br />

point has sunk deep into the<br />

various social levels. The big problem now,<br />

the exhibitors learned, Is to try something<br />

to offset that thinking.<br />

Early this summer, Maryland theatre men<br />

decided that it was time to quit complaining<br />

about product, particularly In public, and to<br />

do something positive to boost theatre attendance.<br />

A committee was appointed, headed<br />

by Joe Alderman, and including Leon Bach,<br />

Elmer Nolte, I. M. Rappaport. Jack Whitte,<br />

William Allen, Lou Gaertner, Luke Green<br />

and Oscar Coblentz. This group called in<br />

the Azrael advertising agency to make a survey<br />

of the Maryland theatre problem and to<br />

present a hard-hitt*ng program.<br />

The committee and the agency studied all<br />

the excuses which have been projected as being<br />

responsible for the boxoffice slump—television,<br />

lower family Income, night time<br />

amusements, etc.<br />

And they found that none<br />

of these factors were really important, at<br />

this stage of the game. The big factor was<br />

the effect of the wide publicity which had<br />

been given that pictures are of a low caliber<br />

these days. Prospective filmgoers who had<br />

not formed any opinions of their own were<br />

being told by magazine and newspaper commentators<br />

that pictures were bad. Large segments<br />

of the population were aware of the<br />

fact that "Hollywood" itself was complaining<br />

that something was wrong with pictures. Exhibitors<br />

were aiding and abetting the cause<br />

by complaining themselves in public that the<br />

current film fare was bad.<br />

Maryland exhibitors, meeting to receive the<br />

report this week, believe that something can<br />

be done. First, they want exhibitors, distributors<br />

and producers to quit complaining<br />

about their business, especially about pictures.<br />

In other words, the committee warned, it is<br />

time for the industry to start praising its<br />

product instead of condemning it.<br />

The campaign which Is being planned will<br />

steer clear of any shouting commands such<br />

as "Go to the movies."<br />

The cony is to be convincing, and easy to<br />

read, and will be hard-hitting, selling advertisements<br />

rather than of the institutional<br />

type. Newspaper advertising will be supplemented<br />

with posters, car cards, direct mall,<br />

radio, theatre banners, trailers and, possibly,<br />

television—and the campaign is scheduled to<br />

break about September 1. It is expected that<br />

the camoaign will cost exhibitors about 10<br />

cents a seat.<br />


LOS ANGELES—Dwindling southland boxoffices<br />

may receive a shot in the arm if a<br />

current goodwill campaign for the motion<br />

picture industry—just undertaken by the Los<br />

Angeles Examiner—bears fruit. That publication<br />

has launched a weekly series of institutional<br />

advertisements urging the public<br />

to "go to the movies," which the pubhcation<br />

calls "the finest form of escapist entertainment."<br />

The idea was sold to the Examiner by Sherrill<br />

Corwin, prominent local circuit operator,<br />

who—during a recent trip to east—had observed<br />

a similar series of advertisements appearing<br />

in a Chicago newspaper.<br />

The series, which will run each Sunday<br />

for several months, features the "escapism"<br />

theme in copy. Arrangements have been<br />

made whereby every Hollywood studio will<br />

receive an equal amount of pubUcity for upcoming<br />

pictures, with one new film to be<br />

plugged each week.<br />

No mention is made of specific theatres,<br />

since Corwin and the Examiner agreed that<br />

the overall campaign should be conducted on<br />

an impartial, institutional basis.<br />

Public Relations Confab<br />

Set for August 30-31<br />

NEW YORK—An all-industry meeting to<br />

discuss a joint, cooperative public relations<br />

program will be held August 30, 31 at the<br />

Drake hotel, Chicago, according to Ned E.<br />

Depinet, RKO president and chairman of the<br />

Motion Picture Ass'n of America exhibitorcommunity<br />

relations committee, after a meeting<br />

of that group July 26.<br />

The Society of Independent Motion Picture<br />

Producers has been invited—and indicated<br />

acceptance—to the all-industry public<br />

relations meeting. Reports were circulating<br />

that SIMPP toppers were offended<br />

that their organization had not been I<br />

invited directly, but would be represented i<br />

at the meeting only through its membership<br />

|"<br />

on the Motion Picture Industry Council.<br />

^<br />

20<br />

BOXOFnCE :: July 30, 1949 u


T<br />

RKO Opens K.C Showcase<br />

In Impressive Premiere<br />

Company Spends $500,000 on Renovation Job;<br />

Debuts 'She Wore a Yellow Ribbon' at Opening<br />

KANSAS CITY—RKO gave Kansas City<br />

another key-run theatre this week, and<br />

staged an elaborate and colorful star-studded<br />

premiere to create more patron excitement<br />

than this metropolitan area has had in years.<br />

The new theatre is the RKO Missouri, known<br />

as the Mainstreet until it was shuttered a<br />

decade ago. In the dark years, it was owned<br />

jointly by RKO and 20th Centiu'y-Fox, but<br />

RKO gained itself a substantial showcase for<br />

Kansas City by swapping the Orpheum Theatre<br />

for the 50 per cent Fox interest in the<br />

Mainstreet and spending approximately $500,-<br />

000 to renovate the house.<br />


For the formal opening, RKO held a world<br />

premiere of "She Wore a Yellow Ribbon,"<br />

brought in Hollywood stars to lend glamor<br />

to the occasion, staged a downtown parade,<br />

hosted a big luncheon for the press and radio,<br />

held a cocktail party for distinguished local<br />

leaders and visiting theatre executives, and<br />

generally promoted the event to gain maximum<br />

results in business and public relations.<br />

Home office executives who were here for the<br />

festivities included Malcolm Kingsberg, president<br />

of RKO Theatres; Sol Schwartz, RKO<br />

Theatres vice-president and general manager;<br />

Harry Mandel, advertising and publicity director<br />

of RKO Theatres; and Jerry Shinbach,<br />

divisional manager, of Chicago.<br />

From the west coast came Jane Russell,<br />

Alan Hale and Gordon MacRae and three<br />

stars from "She Wore a Yellow Ribbon,"<br />

George O'Brien, Harry Carey jr. and Ben<br />

Johnson. Their presence in town demonstrated<br />

once again to film people here that<br />

there is nothing like personal appearances to<br />

generate the kind of excitement about mo-<br />

tion pictures that the Industry finds stimulating<br />

to the boxoffice. The theatre was<br />

filled to capacity for the premiere, and<br />

thousands jammed the street adjacent to the<br />

house and lined the streets to see the parade<br />

and the special outfront activities.<br />

RKO had turned the Missouri into a luxury<br />

house. In reseating the auditorium, the<br />

company sacrificed 685 chairs in order to introduce<br />

staggered rows of comfort seats and<br />

provide more space between rows. It now<br />

has 2,615 seats. While the remodeling called<br />

for little physical remodeling, other than<br />

the boxoffice area, the house itself has been<br />

completely overhauled. It has been equipped<br />

with a new cooling plant, treated acoustically,<br />

given new carpeting, and wall coverings in a<br />

variety of colors and materials. The lobby<br />

has been rebuilt, and is now a circular affair<br />

of mahogany color Tennessee marble, a circular<br />

boxoffice of marble and stainless steel.<br />

The marquee has also been modernized and<br />

its 100-foot sign is a feature of the exterior<br />

design.<br />


Special treatment went into the impressive<br />

foyer. The Missouri foyer is 80 feet by 30 feet.<br />

While soft pastel shades are used here, as in<br />

the rest of the house, color is added by the<br />

red and tan carpeting, an unusually styled refreshment<br />

service center and special treatment<br />

for the elevators and checking lockers.<br />

The orchestra promenade leading into the<br />

auditorium has one wall covered in red<br />

quilted leather, trimmed with gold braid, and<br />

the aisle doors are upholstered in an ivorybeige<br />

leather. The same luxury treatment<br />

has gone into the mezzanine, the men's and<br />

ladies' lounges. The powder room is done in<br />

This is the new RKO Missouri Theatre<br />

on opening night. The crowd is but part<br />

of several thousand who jammed nearby<br />

streets to witness the premiere ceremonies.<br />

gray, both in the walls and carpeting, but<br />

the foyer leading to the room has blue carpeting<br />

and pink walls.<br />

The stage has been rebuilt, the three-manual<br />

Kimball organ has been rebuilt, a red<br />

velvet curtain of high-piled plush sets off the<br />

front of the house—and the Missouri will entertain<br />

its first vaudeville troupe, the week<br />

beginning August 10.<br />

RKO has won immeasurable goodwill for<br />

the film industry In the manner in which it<br />

presented the new house to the community.<br />

Kansas Citians for a decade had been somewhat<br />

resentful that a big house a block off<br />

the main business area was being kept dark.<br />

All has been forgiven and Kansas Citians<br />

are pleased no end at the job that has been<br />

done in giving them another film showcase.<br />

'riablictel''*',<br />

:S .ft<br />

Here are two scenes at the opening ceremonies held in connection with the opening of the RKO Missouri. ."Vt the right is the street<br />

parade which attracted thousands of Kansas Citians, with the film stars and colorful western riders. At the left are RKO officials<br />

and screen stars at the premiere. Left to right (standing): Harry Mandel, national director of advertising for RKO Theatres; Malcolm<br />

Kingsberg, president of RKO Theatres; Sol Schwartz, vice-nresident and general manager for the firm; Alan Hale and Ben<br />

Johnson, from Hollywood; and (seated) Harry Carey jr. and George O'Brien, stars of "She Wore a Yellow Ribbon," the premiere picture.<br />

.<br />

jijly»<br />

:<br />

: July 30, 1949<br />




v^.<br />

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John Ford and Merian C. Coo<br />

present<br />



JOHN AGAR ,,.<br />



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wl<br />


GfoPG;<br />

Directed by JUI|[D<br />

Story by JAMES WARNER BELLAH Screen<br />

»•*»•<br />


John Ford, Merian C. Cooper and<br />

RKO Radio Pictures are honored<br />


has been chosen as the pre-release<br />

attraction to launch Kansas City's<br />

wonderful new<br />


a modern palace of entertainment<br />

of which all<br />

American showdom can<br />


as Olivia<br />

. . . vivacious<br />

. . . provocative<br />

. . . wearing the<br />

yellow ribbon<br />

of the cavalry<br />

in her hair.<br />

well be proud.

RKO Radio Pictures is<br />

also proud that<br />

the beautiful MISSOURI THEATRE<br />

bas selected for its grand opening...<br />



Photographed on the<br />

Pribilof Islands in<br />

the Bering Sea<br />

"^;'>«i»v:-.-- ' ""x-tf •^,cj-«;j,iSyS'

;<br />

ith<br />

1948 Good Film Year,<br />

But Income Is Down<br />

WASHINGTON—The total number of<br />

dollars spent by the U.S. film-going public<br />

in 1948 was the third highest on record,<br />

divided payments by film companies were<br />

second highest on record and corporation<br />

sales were at an all-time high, the Commerce<br />

department reported this week.<br />

At the same time, however, net income<br />

of the film companies both before and after<br />

taxes dropped to the lowest levels since<br />

1941.<br />

Dividend payments were only $1,000,000<br />

below the all-time 1947 high of $75,000,000.<br />

These were the highlights of the Commerce<br />

department's annual report on key national<br />

income statistics. All figures, unless specifically<br />

noted to the contrary, cover production,<br />

distribution and exhibition.<br />


Corporations in 1948 had net income after<br />

all federal and state income and excess<br />

profits taxes of only $75,000,000, compared<br />

with $133,000,000 in 1947 and $186,000,000 in<br />

1946. The figures went up steadily from<br />

$53,000,000 in 1941 through 1946.<br />

Corporate income before taxes amounted<br />

to $124,000,300 in 1948, as against $322,000,000<br />

in 1946 and $223,000,000 in 1947. The 1948<br />

figure was the lowest since the $79,000,000<br />

reported in 1941. As made clear by these<br />

figures, taxes paid by the industry continued<br />

to fall through 1948. Only $49 000,000 was<br />

paid by industry corporations last year, compared<br />

with $90,000,000 in 1947, $136,000,000 in<br />

1946, $147,000,000 in 1945 and $156,000,000 in<br />

1943 and 1944.<br />

The dividend payments for 1948 were well<br />

above the $64,000,000 paid in 1946, third highest<br />

on record.<br />

Putting the income and dividend figures<br />

together, Commerce said that industry retained<br />

only $1,000,000 for investment and expansion<br />

last year, the lowest figure since 1937<br />

when there was a "minus" or net borrowing<br />

of $4,000,000. In 1947, the industry kept<br />

558,000,000 of its earnings, and in 1946, $122,-<br />

100,000.<br />

American families spent $1,386,000,000 In<br />

1948 on film admissions, according to the<br />

!overnment report. This compared to $1,493,-<br />

)00,000 in 1946 and $1,417,000,0000 in 1947.<br />

Unincorporated enterprises didn't do much<br />

letter than corporations. In 1948, they had<br />

ncome before taxes of $64,000,000, the lowest<br />

ince the $47,000,000 reported in 1942 and<br />

comparing with $70,000,000 in 1947 and $92,-<br />

00,000 in 1946.<br />


Here are some of the other key figures In<br />

he Commerce department's report:<br />

Wages and employes: The industry paid<br />

ut $64,000,000 in wages and salaries in 1948,<br />

s against $694,000,000 in 1947 and $679,000,000<br />

1 1946. There were the equivalent of 224,-<br />

|50 full-time employes last year, compared<br />

228,000 in 1946 and 229,000 in 1947. The<br />

ctual number of full-time and part-time<br />

[Oiployes in 1948 was 248,000, compared with<br />

,000 in both 1947 and 1946. The average<br />

ual earning per full-time employe dropped<br />

$2,964 from $3,031 in 1947 and $2,978 in<br />

;6.<br />

In addition to wages, the industry paid<br />

s employes another $18,000,000 in 1948 in<br />

isions, social security payments, accident<br />

ipensation,<br />

etc.<br />

Talk Industry Problems<br />

At 20th- fox Sessions<br />

NEW YORK — Some straight - from - the -<br />

shoulder talk on the need for fair sharing<br />

of the boxoffice dollar between theatres and<br />

producer-distributors, for a new approach to<br />

public relations and advertising and an assertion<br />

that more A product may be needed<br />

was given Thursday (28) at the start of a<br />

two-day "merchandising meeting" called by<br />

Charles Einfeld at the 20th Century-Fox<br />

home office.<br />

Talks were delivered by Al Lichtman, vicepresident,<br />

and Andy W. Smith jr., vice-president<br />

in charge of distribution. Einfeld began<br />

the conference by outlining its purposes and<br />

discussing recent successes with mass opening<br />

campaigns—a policy that is to be applied<br />

on a wider scale by the company.<br />


Thirty-six circuit and independent theatre<br />

advertising and exploitation experts came in<br />

from various parts of the country.<br />

Lichtman said the matter of successfully<br />

producing films has become a greater gamble<br />

than at any time in the history of the industry.<br />

"The rewards have been far less for successful<br />

pictures than ever before, and the<br />

losses on pictures that have failed to merit<br />

sufficient<br />

support are staggering," he said.<br />

Then he made it plain that he was quoting<br />

statistics about company losses for the purpose<br />

of "stimulating your minds into constructive<br />

thinking for the benefit of the industry<br />

as a whole."<br />

After quoting a series of statistics he said:<br />

"This is of vital interest and importance to<br />

all of us. Not only did the producers fail<br />

to get a satisfactory return for their effort<br />

and investment, but the producers of shorts<br />

never made any money. It is also regrettable<br />

that no short producers can make any money,<br />

regardless of how good they are. Disney for<br />

years has made no money from his cartoons.<br />

The only money he made was from his byproducts,<br />

such as comic books, strips and<br />

toys.<br />


"I state these facts to you with the hope<br />

that you will approach your phase of the<br />

job in the merchandising and exploitation of<br />

pictures with perhaps a clearer understanding<br />

of the problems of the world's biggest<br />

gamblers—namely, the producers of motion<br />

pictures."<br />

The problem sums up into two things, he<br />

said—rewards should be divided equitably,<br />

and producers-distributors and exhibitors<br />

must work in full cooperation and sjTnpathy<br />

for one another's problems.<br />

Lichtman also said "cheap" pictures were<br />

damaging the business and double bills were<br />

to blame for these.<br />

Smith put considerable emphasis on public<br />

relations and said: "You men here represent<br />

the public relations minds of the exhibition<br />

field. You know intimately your own<br />

territory and your own theatres as well as<br />

the communities they serve. You are the<br />

men who can work at the grassroots level<br />

correcting bad im.pressions that are being<br />

spread so widely throughout the country.<br />

And your own interest demands that you<br />

begin doing so immediately."<br />

Smith also decried the multiplicity of lawsuits.<br />

Television came into the discussion when<br />

Smith said 20th-Fox was preparing a new<br />

format for Movietone News. He pointed out<br />

that television carries spot news ahead of<br />

the newsreels. He said the proposed change<br />

in newsreel format would aim to eliminate<br />

the sharp corLflict between television news<br />

coverage and the film newsreels. He asked<br />

for suggestions on this problem.<br />

Turning to the subject of territorial saturation<br />

bookings, he said the company had<br />

found them beneficial because they increase<br />

public interest, return bigger grosses for<br />

all theatres playing the picture, and the small<br />

town exhibitor gains prestige he could get<br />

in no other way.<br />

Smith said it was .necessary to turn to a<br />

new type of public approach in advertising in<br />

order to "give the public in advance an idea<br />

of what is in a picture in such a way as to<br />

intrigue them and create the all-important<br />

desire to see. We are attempting to find<br />

the solution on the national level, but it is<br />

even more important that you men charged<br />

with selling pictures to the ultimate consumer<br />

work even harder toward developing<br />

this type of approach."<br />


When he referred to the company's release<br />

schedule he pointed out that the present<br />

plans call for two pictures a month, but<br />

that this decision was not final "because In<br />

the present market we recognize that there<br />

is a need for additional A productions."<br />

Einfeld, who presided, read cables from<br />

Spyros P. Skouras, sent from Barcelona,<br />

Spain, and from Darryl P. Zanuck, from Cap<br />

D'Antibes, France.<br />

Einfeld discussed recent experiences with<br />

saturation campaigns and explained the general<br />

purposes of the gathering. Plans for<br />

"Come to the Stable" were discussed in detail<br />

and those present attended the premiere<br />

of this picture Wednesday night at the<br />

Rivoli Theatre.<br />

On Thursday, following a buffet lunch, the<br />

gathering was addressed by Martin Quigley,<br />

head of Quigley Publications. A screening<br />

of "Everybody Does It" followed.<br />

Ben Shlyen, publisher of BOXOFFICE. delivered<br />

a talk calling for a new feeling for<br />

public relations for the welfare of the industry<br />

as a whole. He pointed out the growing<br />

awareness of this problem, and read the<br />

anonymous essay on this topic published recently<br />

on the cover of BOXOFFICE. This<br />

attracted widespread attention, drew letters<br />

from many leading distribution and production<br />

executives, and from hundreds of exhibitors.<br />

It has been re-published in many<br />

newspapers.<br />

Final meetings were held Friday, with a<br />

discussion of campaign plans for "I Was a<br />

Male War Bride," a talk by Jay Emanuel,<br />

head of Jay Emanuel Publications, a screening<br />

of "Prince of Foxes" and discussion of<br />

campaign plans, and talks by a number of<br />

the out-of-town guests.<br />

*<br />

JlXOFTIGE July 30, 1949 25

RKO Lists 40 Features<br />

For 1949-50 Schedule<br />

NEW YORK — Forty films will be included<br />

in the 1949-50 schedule for RKO.<br />

Of these, more than half have been completed,<br />

11 will be furnished by independent<br />

producers and nine will be in color.<br />

Samuel Goldwyn will provide three, Walt<br />

Disney will have three features in Technicolor,<br />

there will be one<br />

Tarzan feature, and<br />

six Tim Holt westerns.<br />

Announcement o f<br />

the product plans was<br />

made during the week<br />

at the last of a series<br />

of regional sales conventions<br />

in San Francisco.<br />

Details of the program<br />

were completed<br />

recently in Hollywood<br />

by Ned E. Depinet,<br />

Ned E. Depinet company president, in<br />

conference with Howard Hughes, who has<br />

taken charge of production.<br />

Three of the principal attractions will be<br />

"The Outlaw," "Mad Wednesday" and "Vendetta,"<br />

which were produced by Hughes before<br />

he acquired a controlling interest in the<br />

company.<br />


» Independent producers releasing through<br />

RKO are: Samuel Goldwyn, Disney, John<br />

Ford and Merian C. Cooper, Walter Wanger,<br />

Sol Lesser, Polan Banks, Jack H. Skirball,<br />

Niven Busch, Irving Allen and Franchot<br />

Tone.<br />

In making his announcement Depinet said<br />

that as a result of the mass openings of<br />

"Mighty Joe Young" in New England and<br />

northern New York he was convinced this<br />

picture would top the attendance figures of<br />

any film released in recent years.<br />

Nine of the features to be produced in color<br />

will include six in Technicolor, two in the<br />

new Ansco color process and one in Trucolor.<br />

Goldwyn's trio includes: "Roseanna Mc-<br />

Coy," the story of a Kentucky feud, with<br />

Farley Granger, Charles Bickford, Raymond<br />

Massey, Richard Basehart and the child star,<br />

Gigi Perreau; "Beloved Over All," in which a<br />

new find, Phyllis Kirk, is introduced, and<br />

"My Foolish Heart," with Dana Andrews,<br />

Susan Hayward, Kent Smith and Lois<br />

Wheeler. Mark Robson, who made "Champion"<br />

and "Home of the Brave," will be the<br />

director.<br />


Disney's three will be: "The Adventures of<br />

Ichabod and Mr. Toad," an all-cartoon feature<br />

based on Washington Irving's "Sleepy<br />

Hollow" legend; "Treasure Island," an all<br />

live-action feature, and "Cinderella," an allcartoon<br />

feature in Technicolor.<br />

Howard Hughes' pictures include "Mad<br />

Wednesday," with Harold Lloyd, and "Vendetta,"<br />

with a cast headed by Faith Domergue,<br />

George Dolenz and Hillary Brooke.<br />

Jane Russell will appear in three: "It's<br />

Only Money," a comedy with music, which<br />

will co-star Frank Sinatra and Groucho<br />

Walt Disney to Have 18<br />

For RKO Shorts List<br />

NEW YORK — RKO's short subject<br />

schedule for 1949-50 includes 18 Walt<br />

Disney single reel releases, six specials<br />

and six revivals of cartoon hits. The<br />

first of the new True Life series from<br />

Disney, which will run two and three<br />

reels in length, will be "Seal Island,"<br />

photographed in color in the Pribllof<br />

Islands.<br />

Other shorts will be the new "My Pal"<br />

series, featuring the dog Flame, six tworeel<br />

comedies starring Leon Errol and<br />

six two-reel Comedy Specials, featuring<br />

comedy stars.<br />

RKO Pathe will supply 13 of the "This<br />

Is America" series and 13 "Sportscopes";<br />

two two-reel sport subjects and a tworeel<br />

Technicolor special, "The Boy and<br />

the Eagle," narrated by Dickie Moore.<br />

There also will be the continuing series<br />

of 13 one-reel "Screenliner" subjects.<br />

Marx; "Shanghai Incident," produced by<br />

Wan-en Duff, with Robert Mitchum costarred,<br />

and "Montana Belle," a super western<br />

in Trucolor-, with Miss Russell portraying<br />

the famous woman bandit, Belle Starr.<br />

Other pictures will<br />

be:<br />

"Cheater of Cheats," starring Cary Grant,<br />

to be directed by Nicholas Ray, producer and<br />

writer of the screenplay, "John Houseman."<br />

"Jet Pilot," which will co-star John Wayne<br />

and Janet Leigh, in Technicolor; to be personally<br />

supervised by Hughes.<br />

"She Wore a Yellow Ribbon," an Argosy<br />

production, directed by John Ford in Technicolor<br />

in a western setting, with John Wayne,<br />

Joanne Dru, John Agar, Ben Johnson, Harry<br />

Carey jr., Victor McLaglen, George O'Brien,<br />

Arthur Shields and Mildred Natwick. Many<br />

of the scenes were made in Monument Valley.<br />

"Christmas Gift," starring Roliert Mitchum,<br />

with Janet Leigh co-starred.<br />

"The Big Steal," starring Robert Mitchum,<br />

with William Bendix co-starred, and Jane<br />

Greer featured.<br />

"Weep No More," co-starring Joseph Gotten<br />

and VaUi.<br />

"Love Is Big Business," starring Claudette<br />

Colbert, George Brent and Robert Young;<br />

produced by Jack H. Skirball.<br />

"Blind Spot," to be produced by Skirball;<br />

now being cast.<br />

"The Man on the Eiffel Tower." filmed in<br />

Paris in Ansco color, starring Charles<br />

Laughton, Franchot Tone, Burgess Meredith,<br />

Robert Hutton, Jean Wallace, Patricia Roc<br />

and Belita; Irving Allen and Franchot Tone,<br />

co-producers.<br />

"Savage Splendor," in color, records an expedition<br />

into Africa by Armand Denis and<br />

Lewis N. Cotlow.<br />

"The White Tower," with Glenn Ford and<br />

Valli; made in the French Alps under the<br />

direction of Ted Tetzlaff, with Sir Cedrlc<br />

Hardwicke, Claude Rains and Oscar Homolka.<br />

"Mr. Whiskers," starring Victor Mature, the<br />

story of a man who wakes up to the value<br />

of his American citizenship.<br />

"Interference," starring Victor Mature, the<br />

story of the private life of a professional<br />

football hero, with Lucille Ball, Llzabeth<br />

Scott, Sonny Tufts and Lloyd Nolan.<br />

"Carriage Entrance," to be produced by<br />

Polan Banks from his own novel, with Ann<br />

Sheridan and Robert Young starred.<br />

"Bed of Roses," with a cast headed by Joan<br />

Fontaine, Robert Ryan, Zachary Scott and<br />

Joan Leslie; now before the cameras.<br />

"I Married a Communist," with Laraine<br />

Day, Robert Ryan and John Agar.<br />

"The Bail Bond Story," an expose, with<br />

George Raft, Ella Raines, Pat O'Brien and<br />

Bill WilUams.<br />

"They Live by Night," melodrama about a<br />

fugitive, with Farley Granger and Cathy<br />

O'Donnell co-starred; directed by Nicholas<br />

Ray.<br />

"Roughshod," a western, starring Robert<br />

Sterling, John Ireland, Claude Jarman jr.,<br />

and Gloria Grahame.<br />

"Tarzan and the Slave Girl," produced by<br />

Sol Lesser.<br />

"Come Share My Love," to be produced by<br />

Harriet Parsons.<br />

"Strange Bargain," a drama with Martha<br />

Scott and Jeffrey Lynn.<br />

"Joan of Arc," the Walter Wanger-Vlctor<br />

Fleming production starring Ingrid Bergman.<br />

"Follow Me Quickly," with William Limdlgan<br />

and Dorothy Patrick.<br />

"Make Mine Laughs," a new variety musl-'<br />

cal, with Ray Bolger, Dennis Day, Jack<br />

Haley, Frances Langford and others.<br />

"Arctic Fury," true to life adventure of<br />

a doctor lost on the icebound top of the'<br />

world, produced in fae actual locale, with Michael<br />

O'Shea, Charles McGraw and Virginia,<br />

Grey. -<br />

,<br />

I<br />

Six Tim Holt westerns.<br />

Report Fox, Meyer, Work<br />

Bidding for RKO Houses<br />

NEW YORK—A new group has entered the<br />

field as would-be purchasers of Howard;<br />

Hughes' 24 per cent interest in the new theatre<br />

company which will take over RKO's<br />

circuit in the process of putting the consent!<br />

decree into effect.<br />

The backers are: Matthew Fox, formei<br />

executive vice-president of Universal-Inter'<br />

national; Stanley Meyer, former supervisor<br />

for Fox West Coast theatres, and Cliff Work,<br />

former Universal studio head, who is also<br />

experienced theatreman.<br />

It is reported they are willing to put up<br />

$5,574,120 which is at the rate of $6 per share<br />

for the 929,020 shares to be issued by the new<br />

company. This odd figure is due to the fact<br />

that the consent decree requires that holders<br />

of each share of RKO stock will re^<br />

ceive one share of the stock in the proposed<br />

new company. This splitup will give Howard<br />

Hughes 24 per cent of the total in each comi<br />

pany, but the decree requires that he get rid<br />

of his shares in one of the companies. H«<br />

has elected to drop his theatre interests.<br />

To date Malcolm Kingsberg, present heai<br />

of RKO theatres, has been mentioned a!<br />

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Total of 124 Releases Listed;<br />

Columbia, RKO, Republic<br />

Have Greatest Increase<br />


NEW YORK—At least 124 reissues were<br />

placed on the regular release schedules of 12<br />

major companies during the 12 months ending<br />

August 1949, almost three times the total<br />

of 44 on the general release schedules during<br />

1947-48. Universal-International, which sold<br />

all its older films to Realart for reissue, is<br />

the only major not on this list. These totals<br />

do not include reissues from Realart or from<br />

Astor Pictures, which also specializes in older<br />

product.<br />

In addition, Motion Picture Sales Corp.,<br />

newly-formed by Neil Agnew and Charles<br />

Casanave, is bringing back seven of Harold<br />

Lloyd's feature comedies, starting with<br />

"Movie Crazy" in July. MP Sales is playing<br />

down the reissue angle and MGM prefers to<br />

call its reissues "reprints." Whatever the<br />

name, the pictures were all proven successes<br />

when originally released from six to 16 years<br />

ago. With the average new release getting<br />

shorter playing time, especially in first runs,<br />

the companies are using these old hits to fill<br />

out their current release schedules.<br />

In almost every case, the company is putting<br />

out new advertising copy and pressbooks<br />

for the reissues. In many cases, these play up<br />

present-day marquee names who were merely<br />

featured or supporting players when the pictures<br />

were first released. At least a half-dozen<br />

CROWDS LINED XJP—Outside<br />

the<br />

Mayfair Theatre on Broadway, New<br />

York City, and stretching around the<br />

comer to 47th street, during the opening<br />

days of the six-week engagement of<br />

MGM's "The Wizard of Oz," which Is<br />

being reissued ten years after it was<br />

first released.<br />

pictures starring Robert Mitchum or Kirk<br />

Douglas, now top names, have played the 42nd<br />

Street houses during the past few months.<br />

The recent romantic adventures of Ingrid<br />

Bergman and Rita Hayworth have prompted<br />

the reissue of some of their early starring<br />

pictures by Columbia, 20th Century-Fox and<br />

Eagle Lion.<br />

The greatest increases in the number of<br />

reissues set were RKO, Columbia and Republic,<br />

which scheduled 16, 43 and 14 reissues,<br />

respectively, in 1948-49, in comparison to<br />

1947-48 when RKO had six reissues and<br />

Columbia and Republic had none regularly<br />

listed. However, both Film Classics and<br />

Screen Guild, which started out as reissue<br />

firms, have both concentrated on new releases<br />

in recent months and played down their<br />

reissue product. Astor Pictures, too, is putting<br />

out a few new westerns.<br />

Listed by companies, the reissue product<br />

already released or scheduled through August<br />

is:<br />

Take It With You" "Holiday," "The Daring<br />

Yoimg Man," "Shut My Big Mouth," "Beware,<br />

Spooks" and "So, You Won't Talk,"<br />

starring such names as Edward G. Robinson,<br />

Glenn Ford, Joe E. Brown, Katharine Hepburn,<br />

Cary Grant, Jean Arthur and James<br />

Stewart, in April: "Commandos Strike at<br />

Dawn," "The Invaders," "Pennies from<br />

Heaven," "The More the Merrier," "Dirigible"<br />

and "Submarine," starring such players as<br />

Laurence Olivier, Paul Muni, Bing Crosby,<br />

Leslie Howard, Jack Holt, Ralph Graves.<br />

Chester Morris and Dolores Del Rio, in May;<br />

"The Talk of the Town," "Mr. Smith Goes<br />

to Washington," "One Night of Love," "More<br />

Than a Secretary," "Let Us Live" and "Kansas<br />

City," starring such names as Cary Grant,<br />

Jean Arthur, James Stewart, Grace Moore,<br />

Ronald Colman, Henry Fonda and Joan<br />

Davis, in June; "His Girl Friday," "Renegades,"<br />

"Desperadoes," "Penny Serenade,"<br />

"Penitentiary" and "Women in Prison," with<br />

such stars as Cary Grant, Rosalind Russell,<br />

Irene Dunne, Larry Parks, Glenn Ford,<br />

Jean Parker and Claire Trevor, in July, and<br />

"You Were Never Lovelier" and "Cover Girl,"<br />

both starring Rita Hayworth, in August.<br />

EAGLE LION — Three David O. Selznick<br />

pictures, "Since You Went Away," starring<br />

Claudette Colbert, Jennifer Jones and Shirley<br />

Temple; "Intermezzo," starring Ingrid<br />

Bergman and Leslie Howard, and "Rebecca,"<br />

starring Joan Fontaine and Laurence Olivier,<br />

and four former UA releases, "International<br />

Lady," "My Son, My Son," "The Count of<br />

Monte Cristo" and "Son of Monte Cristo."<br />

EL also has six other SRO pictures for reissue<br />

later. They are: "Duel in the Sun,"<br />

"Garden of Allah," "Since You Went Away,"<br />

"Prisoner of Zenda," "Spellbound" and "The<br />

Adventures of Tom Sawyer."<br />

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FILM CLASSICS—A dozen former Univer<br />

sal-International releases, including "Califor- ;1« si<br />

nia Straight Ahead," "Stormy," "Mob Town,"<br />

ffiTP.<br />

"Hit the Road," "Murders in the Rue Morgue,"<br />

"The Raven" and "Cobra Woman," as well<br />

as "Jacare" and "India Speaks."<br />

MGM—"The Wizard of Oz," in Technicolor,<br />

starring Judy Garland, Ray Bolger, Bert Lahr<br />

;<br />

and Jack Haley: "A Night at the Opera,'<br />

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HUGE PAINTED SIGN — Atop the<br />

Mayfair on Broadway where Paramonnt's<br />

"The Trail of the Lonesome Pine," one<br />

of the first Technicolor pictures originally<br />

released in 1936, played two weeks of the<br />

reissue run.<br />

COLUMBIA—"Texas," "Arizona," "Golden<br />

Boy," "Adventure in Manhattan," "Two Yanks<br />

in Trinidad" and "Flight Lieutenant." starring<br />

such names as Jean Arthur, Glenn Ford,<br />

Barbara Stanwyck, William Holden, Pat<br />

O'Brien, Janet Blair and Joel McCrea, in<br />

January; "The Doctor Takes a Wife," "Only<br />

Angels Have Wings," "Adam Had Pour Sons,"<br />

"Good Girls Go to Paris," "Coast Guard" and<br />

"She Couldn't Take It," with such names as<br />

Loretta Young, Ray Milland, Ingrid Bergman,<br />

Gary Grant, Jean Arthur, George Raft,<br />

Warner Baxter, Joan Blondell, Randolph<br />

Scott and Joan Bennett, in February: "Lost<br />

Horizon," "It Happened One Night,"<br />

"Sahara." "The Boogie Man Will Get You,"<br />

"The Return of the Vampire" and "Louisiana<br />

Hayride," starring such players as Ronald<br />

Colman, Humphrey Bogart, Clark Gable,<br />

Claudette Colbert, Boris Karloff and Judy<br />

Canova, in March: "Destroyer," "You Can't<br />

MARQUEE DISPLAY—The Ambassador<br />

Theatre, a few feet off Broadway on 49th<br />

street, where the RKO reissue package of<br />

"The Lost Patrol" and "Gunga Din" was<br />

in its third week. The pictures were originally<br />

released in 1934 and 1939, respectively.<br />

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BOXOFFICE :: July 30, iMf tlOlHj

'<br />

starring the Marx Bros., and "San Francisco,"<br />

starring Jeanette MacDonald, Spencer Tracy<br />

and Clark Gable.<br />

MONOGRAM—"And So They Were Married,"<br />

starring Robert Mitchum, and "Unknown<br />

Guest," with Victor Jory.<br />

100 PARAMOUNT—"The Trail of the Lonesome<br />

Pine," in Technicolor, starring Henry<br />

Fonda, Fred MacMurray and Sylvia Sidney,<br />

and "Geronimo," with Preston Foster, Ellen<br />

Drew and Ralph Morgan.<br />

RKO—"Last Days of Pompeii," "She,"<br />

"Pride of the Yankees," "Saludos Aniigos,"<br />

"Dumbo," "Lost Patrol," "Gunga Din," "Tall<br />

in the Saddle," "Tarzan's Triumph," "Tarzan's<br />

Desert Mystery" and six George O'Brien<br />

westerns, "Fighting Gringo," "Legion of the<br />

Lawless," "Marshal of Mesa City," "Bullet<br />

Code," "Prairie Law" and "Stage to Chino."<br />

RKO had only six reissues in 1947-48.<br />

»DSRio,:iMit<br />

REPUBLIC—"The Castaway," originally released<br />

'Hi. Sfflilh &(<br />

i: qI LoTt," Mm<br />

as "The Cheaters," starring Joseph<br />

Lite" and "in Schildkraut and BiUie Burke; "Scatterbrain,"<br />

'.<br />

leuCmGiB "Yokel Boy," "Sing, Neighbor, Sing," "Jamboree,"<br />

five Roy Rogers westerns, "Saga of<br />

n". Grace Moon<br />

Death Valley," "Colorado," "Ranger and the<br />

Lady," "Frontier Pony Express" and "In Old<br />

:: Friday; 'lie*<br />

Caliente," and five Bill Elliott "Red Ryder"<br />

'?!:i5 Seiensii<br />

£. 1 Praa,' westerns, "San Antonio Kid," "Sheriff of Las<br />

u: Rosaliid Bn Vegas," "Vigilantes of Dodge City," "The<br />

Great Stagecoach Robbery" and "Cheyenne<br />

Pt-ii. Glenn Fti<br />

Wildcat." Eagle Lion, which is releasing a<br />

r'iuitoTerGsi new series of Red Ryder westerns starring<br />

Jim Bannon, has objected to the ads on the<br />

Republic Ryder westerns, which play down<br />

the fact that they are reissues.<br />

ft; Jny," stun<br />

!e Jews and a SCREEN GUILD—"Flirting With Fate,"<br />

"That's My Baby," "Duke<br />

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of West Point,"<br />

"Miss Annie Rooney" and<br />

a-i, and 'Het«a<br />

two Hopalong Cassidy<br />

westerns, "Stagecoach War" and "Hidden<br />

nilioitnee<br />

Gold."<br />

iia, "Wenato<br />

ix.' Tlie Com' TWENTIEra CENTURY-FOX—"Hangover<br />

c ol Motie CiBi iSquare," "The Lodger," "I Wake Up Screamling,"<br />

"Blood and Sand," "Johnny Apollo,"<br />

-Dad iL tie Si "Show Them No Mercy," "Guadalcanal<br />

« Ton Went AW Diary," "The Purple Heart," "My Gal Sal"<br />

snil ""<br />

rtiiboiBii" and "The House on 92nd Street."<br />

IJB.<br />

UNITED ARTISTS—"Guest in the House,"<br />

starring Anne Baxter, and "Lady of Bur-<br />

Jesque," starring Barbara Stanwyck.<br />

•Cii<br />

WARNER BROS. — "Casablanca," starring<br />

Humphrey Bogart and Ingrid Bergman;<br />

"^<br />

Wfliiw-"<br />

n "G-Men," starring James Cagney; Sergeant<br />

York," starring Gary Cooper; "Castle on the<br />

Hudson," starring John Garfield and Ann<br />

^Ot-iiTec* Sheridan; "They Drive by Night," starring<br />

pjtBcljer.Ben Humphrey Bogart and George Raft, and<br />

.T-Ib'*"' ,,<br />

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'Angels With Dirty Faces," starring James<br />

Cagney and Humphrey Bogart.<br />

20th-Fox Studio to Take<br />

Breather for Auaust<br />

HOLLYWOOD—After reaching a high proluctional<br />

point during the early summer<br />

nonths, with a total of ten pictures being<br />

!unned during June and July, 20th Century-<br />

.''ox's Westwood studio will take a breather<br />

n August. No new vehicles will be launched<br />

luring that period and most employes will<br />

lake their vacations, with only construction<br />

md maintenance crews remaining at full<br />

trength.<br />

The studio has six pictures currently in<br />

rork here and one being filmed on location<br />

a Italy. The sextet of local ventures all<br />

?111 be completed early in August, which<br />

nil give the company a backlog of 20 fin-<br />

?hed features.<br />

Producer-Exhibitor Talkfest for TOA<br />

Here are an artist's sketches of the entrance facade (top photo) and the display<br />

area at the Theatre Owners of America convention, to be staged in Los Angeles<br />

September 12-15.<br />

LOS ANGELES—One of the highlights of<br />

the annual Theatre Owners of America convention,<br />

to be held here at the Hotel Ambassador<br />

September 12-15, will be a dinner given<br />

by producers to the exhibitors September 14,<br />

according to Gael Sullivan, executive director,<br />

in the TOA bulletin. This will be the first<br />

time that a large representative group of<br />

producers and exhibitors will sit across the<br />

table to discuss their mutual problems, Sullivan<br />

said. The morning business sessions of<br />

the same day will be devoted to an open<br />

forum in which exhibitors will be able to air<br />

their grievances, if any, and offer suggestions<br />

for poUcies or projects to be undertaken<br />

by their national association.<br />

The TOA plans for the entertainment of<br />

approximately 500 women guests will include<br />

a fashion show, a morning radio broadcast,<br />

sightseeing trips and conducted tours to the<br />

studios. On the night of the producers' dinner<br />

for men only, the women guests will attend<br />

a screening of a new picture in the hotel<br />

theatre.<br />

R. H. McCullough, chairman of the exhibits<br />

committee, is arrangihg for installation<br />

of approximately 67 booths to display<br />

newest developments in theatre projection<br />

and sound equipment, seating, ventilating,<br />

lighting, television and concessions. The motion<br />

pictiu-e studios also will contribute displays<br />

of new techniques in picture-making<br />

and the progress that has been made in the<br />

past quarter-century.<br />

Companies which have already made reservations<br />

for the exposition include: B. F.<br />

Shearer, National Theatre Supply Co., Sound<br />

Control, Mohawk Carjjet, Karagheusian Carpet,<br />

C. A. Balch, Globe Ticket Co., Metropolitan<br />

Engravers, R. I. Grosch Draperies,<br />

Theatre Upholstery Co., American Seating<br />

Co., Theatre Specialties and Theatre Supply.<br />

Sullivan pointed out that special cars on<br />

through trains may be arranged by exhibitors<br />

leaving New York, Boston, Chicago,<br />

Atlanta, Dallas, St. Louis and other large<br />

cities if prompt action is taken. He said air<br />

lines also have offered the services of their<br />

traffic departments in arranging cross country<br />

flights.<br />

TOA Changes Its System<br />

Of Picture Ratings<br />

NEW YORK—Mailing of the Theatre<br />

Owners of America picture rating reports to<br />

members is expected to start August 1, according<br />

to Gael Sullivan, executive director.<br />

After a study of preliminary reports from<br />

contributing members, which were based on<br />

a percentage of normal gross, TOA has decided<br />

to change the rating system and have<br />

all pictures rated as: Big, Very Good, Good,<br />

Pair, Poor or suitable for second features<br />

only. In order to obtain a wider participation<br />

in the reporting service, TOA has<br />

changed the population categories of towns<br />

or cities playing the pictures to 2,000 to 10,-<br />

000; 10,000 to 25,000 and Over 25,000. Exhibitors<br />

in small towns are asked to participate<br />

in this service to members.<br />

joiy'<br />

OXOFFICE July 30, 1949<br />

29<br />



proudly plays<br />

theatre Ad Execs<br />

I<br />

GERRY ATKINS, iramer Circuit, Albany, N. Y. • ISABEL AUSTIN, Ro>:y Theatre, Ne^ York City, N. Y. • RUSS<br />

BROWN Hamrick-Evergreen Theatres, Portland, Ore. ' MISS BRUNNER, Fox IFisconsin Amusement Corp., Milwaukee,<br />

lyisc ' OLLIE BROOKS, Butterffield Circuit. Detroit. Mich. ' HARRY BROWNING, Ne^ England Theatres. Inc..<br />

Boston Mass. • LOU BROWN, Loe'w's Poli Circuit. Ne-w Ha-uen. Conn. ' EMIL BERNSTECKER, Paramount Theatre,<br />

'<br />

Knox^ille, Tenn. JOHN CARROLL, Faye's Majestic Theatre. Providence. R. I. ' TOM CLEARY, Consolidated<br />

• DOROTHY DAY, Central States Theatres. Des Moines. loiva • ERNEST EMERLING,<br />

Theatres Lid Montreal Que.<br />

Loe^'s Theatres. Ne^ York City, N. Y. • AL FLORSHEIMER, JR., U^alter Reade Theatres, Ne.. York City, N. Y.<br />

RUSS FRASER Tri-Slates Theatres, Des Moines, lo-wa ' HARRY FREEMAN, Fox Theatre, Philadelphia, Pa.<br />

CHARLES FREEMAN, Criterion Theatre, Oklahoma City, Okla. • VIC GAUNTLETT, Hamrick - E'vergreen Theatres,<br />

Seattle Wash. • HELEN GARRITY, Inter-Mountain Theas., Inc.. Salt Lake City, Utah ' HARRY GOLDBERG,<br />

irarner Bros Circuit, Ne^ York City, N. Y. • ALICE GORHAM, United Detroit Theatres, Detroit. Mich. • EDGAR GOTH,<br />

Fab.an Theatres, Ne^ York City, N. Y. ' BERNIE HYNES, Denver Theatre, Denver, Colo. ' KEN HOEL, Hams<br />

Amusement Co.. Pittsburgh. Pa. • BOB JOHNSTON, Missouri Theatre. St. Louis, Mo. ' HERMAN KERSKEN, Fox<br />

Ifest Coast Theatres. Oakland, Calif. • NORMAN E. KASSEL, Essaness Theatres, O/.icago, III. • SENN LAWLER,<br />

Fox Mid-west Theatres, Kansas City, Mo. ' PAUL LEVI, American Theatres Corp.. Boston. Mass. ' HARRY MANDEL,<br />

RKO Theatres. Ne-w York City. N. Y. • NICK MATSOUKAS, Skouras Theatres Corp.. Ne^ York Cty, N. Y.<br />

SEYMOUR MORRIS, Schine Circuit, Gloversville. N. Y. • MORRIS MECHANIC, Ne^ Theatre, Baltimore, Md.<br />

JIMMY NAIRN, Famous Players Canadian Corp., Toronto, Canada SEYMOUR '<br />

REISER, Fox West Coast Theatres. Los<br />

Angeles. Cal.f. '<br />

HOWARD PETTINGILL, Florida State Theatres. Jacksonville, Fla. ' FAY REEDER, Fox West Coast<br />

Theatres. San Francisco. Cal.f. • TOM READ, Fox Theatre, Atlanta, Ga. • HAROLD RINZLER, Randforce Amusement<br />

Corp., Brooklyn, N. Y. ' EMMET ROGERS, Tivoli Theatre. Chattanooga. Tenn. • ROGER E. RICE, Grtff.th Theatres.<br />

Oklahoma City. Okla. ' FRANK STARZ, Interstate Circuit, Inc.. Dallas. Texas ' BETTE SMITH, Fox Theatre, Detroit.<br />

Mich<br />

. SONNY SHEPHERD, Wometco Theatre,, Miami, Fla. • HARRY SPIEGEL, Comerford Theatres,<br />

Scranton, Pa. • CHARLES TAYLOR, Great Lakes Theatre. Buffalo. N. Y. • E. E. WHITTAKER, Georgia Theatres.<br />

Inc.. Atlanta. Ga. • DAN WILKINSON, Neighborhood Theatres. Inc.. Richmond. Va.<br />

There'll be plenty of buzzin' over the<br />

BIG DOINGS under way for your industry,<br />

your theatre and your future with<br />




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Dead Time Is Dead Wood,<br />

Al Lichtman Declares<br />

NEW YORK—"Dead time is dead wood," necessary to reawaken interest after a long<br />

says Al Lichtman, vice-president of 20th Century-Fox.<br />

By "dead time" he means the "This plan has been proved practical, he<br />

lapse.<br />

lapse between first run release and subsequent<br />

nm playoff.<br />

states. "It is no longer an experiment. It is<br />

deserving of an opportunity to prove its<br />

In a signed article in the Dynamo, 20th- soundness in every territory. In fact, I thinli<br />

Fox sales department publication, Lichtman we should proceed further with territorial this will be the first permanent instantaneous<br />

projection unit. The large-screen tele-<br />

says- "I think we should lose no time profiting<br />

from the lesson taught by the saturation cedure would not only create an opportunity vision equipment now in operation in the<br />

releasing of our pictures. I think such pro-<br />

campaigns in Georgia on 'It Happens Every for us to gross more money for such pictures, New York Paramount and the Balaban &<br />

Spring- and in the Far West and Midwest on but in addition to stimulating greater boxoffice<br />

return for the exhibitor, it would also screen film method that projects the picture<br />

Katz Chicago theatres uses an off-the-<br />

•Sand.' These have conclusively proved that<br />

dead time is dead wood. By dead time I help us to economize on prints in that we about 60 seconds after it has been received.<br />

mean that time between the showing of a could transfer prints from one territory to<br />

IMAGE TO BE 15x20 FEET<br />

picture in branch key city and its opening another. This would enable us and the exhibitor<br />

to give greater concentration than is<br />

in secondary key cities, as well as between<br />

The Fox Theatre set will produce a 15x20-<br />

key city first runs and small town and subsequent<br />

runs. I consider this dead time not tory."<br />

the special telecast in June of the Walcott-<br />

now possible on every picture in every terri-<br />

foot picture. Fabian decided to install the<br />

set as a result of the favorable reaction to<br />

only a waste of valuable playing time, but<br />

Charles fight from Chicago with an experimental<br />

RCA model. The permanent unit will<br />

also a dissipation of the effort spent in nationally<br />

and sectionally exploiting a picture."<br />

Warners May Terminate have a 28-inch spherical mirror in contrast<br />

Lichtman points out that the company's<br />

to the 20-inch ipirror used in the experimental<br />

model. This will permit the optical bar-<br />

new method of playing off pictures in Chicago,<br />

Philadelphia, Cleveland and other spots HOLLYWOOD—An association of 18 years<br />

Bette Davis Contract<br />

rel to be mounted directly on the front of<br />

has provided greater profit for both the company<br />

and its customers.<br />

cessful films and two Academy Awards for<br />

which has produced a lengthy list of suc-<br />

the balcony. The experimental model used<br />

an extension platform.<br />

"Here in New York and in other key cities the actress may shortly be terminated as<br />

Fabian said the Fox Theatre wiU be the<br />

we spend large sums of money advertising a the result of current negotiations toward<br />

proving ground for theatre television for all<br />

picture's engagement at first runs," he points that end by Bette Davis and Warner Bros.<br />

theatres in the U.S.<br />

out. "We should acquaint the circuit and Reasons for the decision to cancel Miss<br />

Referring to the fight telecast in June,<br />

other accounts with our advertising plan Davis' contract—which has nearly four years<br />

Fabian said: "We know from recent experi-<br />

prior to the attraction's initiation in the territory,<br />

with the understanding that this inmen<br />

in terms of "an amicable disagreement<br />

to run—were shrouded by company spokesvestment<br />

is made not only to launch the over story properties and production policies."<br />

They added that it probably will be<br />

production first run, but also with the thought<br />

in the arm is helpful." The fight telecast<br />

of making it more valuable to all runs. This "some time" before aU necessary arrangements<br />

have been made for La Davis to bow<br />

was a sellout, with standing room only.<br />

first run exploitation should promptly be put<br />

to effective use—and that is not done through out of her commitments.<br />

belated subsequent run bookings. We should She currently is before the cameras in<br />

have the whole-hearted cooperation of the "Beyond the Forest" and has starred in<br />

exhibitor in speeding up subsequent bookings,<br />

if for no other reason than that such since joining the company in 1931. Early<br />

dozens of pictures under the Warner banner<br />

speedup would exhilarate boxoffice patronage."<br />

this year she was given a new four-year contract<br />

giving her the right to make one picture<br />

annually outside the Warner ticket and<br />

The success of such a plan depends on<br />

branch managers, salesmen and bookers, says one picture a year for the studio. The Davis<br />

Lichtman. He also points out that subsequent<br />

runs cannot afford the heavy advertising<br />

Academy statuettes were for<br />

1935 and "Jezebel" in 1938.<br />

"Dangerous" in<br />

Patrons Pepper Tomatoes at Police<br />

In Hattiesburg Blue Law Battle<br />

HATTIESBURG, MISS.—Theatre patrons<br />

armed with tomatoes got into the<br />

battle over Sunday motion pictures here<br />

as the opening and closing of theatres<br />

and the arrest of operators, projectionists<br />

and other employes continued.<br />

In the latest phase of the battle, which<br />

began June 26 when local police decided<br />

to enforce Hattiesburg blue laws, three<br />

policemen reported they were peppered<br />

with tomatoes by theatre patrons.<br />

Twenty-four managers, projectionists,<br />

ticket sellers and takers were arrested,<br />

taken to jail, released on bond, then arrested<br />

again for a total of 86 times. Three<br />

projectionists made the trip eight times<br />

in the shuttle between the police station<br />

and the local<br />

theatres.<br />

Most of the action took place at the<br />

Saenger Theatre, largest of the six local<br />

houses, where a projectionist locked himself<br />

in the projection room to continue<br />

showing the film. Then a policeman<br />

covered the projection outlet with his hat<br />

for about 15 minutes so the picture could<br />

not be shown. Patrons booed and yelled<br />

as the screen went black.<br />

Armed \^ith an ax and crowbar, the<br />

police later prepared to break into the<br />

projection booth. The projectionist unlocked<br />

the door and was taken to jail.<br />

After the projectionist left, organ music<br />

was played and couples danced on the<br />

stage.<br />

Fabian Fox to Have<br />

Firsl RCA TV Sel<br />

NEW YORK — RCA will install its first<br />

permanent theatre television unit in the<br />

4,100-seat Fabian Fox Theatre, Brooklyn, in<br />

about six months. The equipment will provide<br />

direct view projection, and will cost<br />

about $25,000, exclusive of installation charges.<br />

According to a joint statement by Si H.<br />

Fabian, head of Fabian Theatres, and W. W.<br />

Watts, engineering vice-president of RCA,<br />

ence that television In the theatre can produce<br />

a tremendous effect on the audience<br />

and boost the boxoffice at a time when a shot<br />

Nathan L. Halpern, television consultant<br />

to Fabian, is now working on programming.<br />

He recently returned from California where<br />

he swapped notes with Fox West Coast Theatre<br />

officials, who are planning to install<br />

RCA theatre units in 25 California houses<br />

next year.<br />

Halpern said that initial emphasis will be<br />

placed on sports, news and special events.<br />

He said that efforts will be made to get the<br />

theatre television rights to the World Series,<br />

some of the Brooklyn Dodgers' games, major<br />

football contests, boxing matches and important<br />

civic functions. Later, experiments<br />

will be made to work out special theatre television<br />

shows.<br />


Watts said that RCA has been experl-j<br />

menting with theatre television since 1930.1<br />

He cited the large-screen demonstration InJ<br />

the New Yorker Theatre in 1941. Last year!<br />

RCA installed an experimental unit in the!<br />

Fox Theatre in Philadelphia for the Louis-|<br />

Walcott fight. The set was removed after|<br />

the contest.<br />

Gael Sullivan, executive director of the<br />

Theatre Owners of America, and Donald E.I<br />

Hyndman, chairman of the committee oi)|<br />

theatre television of the Society of Motion<br />

Picture Engineers, hailed Fabian's plans.<br />

Start Tele Station Tour<br />

NEW YORK—James B. Harris and David<br />

L. Wolper, president and treasurer of Plaj<br />

mingo Films, Inc., will leave August ^ "" *[<br />

tour of 85 cities during which they will vlsltj<br />

100 television stations.<br />

34<br />


:: July 30, 194S

I<br />

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excitement of the year /<br />

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fiery women... played<br />

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against a background<br />

of adventure. ..intrigue<br />

..drama. ..in the World's<br />

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HoUingshead Is Observing<br />

12th Year With Warners<br />

currently observing his 12th anniversary<br />

as head of the short subjects production department<br />

at Warners is Gordon Holhngshead,<br />

who has been quietly piling up Academy<br />

Awards year after year while the more<br />

glamorous winners of "Oscars" monopolized<br />

the headlines. HoUingshead has won 11<br />

statuettes, more than any other person has<br />

ever received in industry history.<br />

Ten of the "Oscars" were for short subjects,<br />

two others for his work as an assistant director.<br />

He functioned in that capacity on the<br />

first talkie, "The Jazz Singer."<br />

Currently HoUingshead is editing his 528th<br />

short, "Snow Carnval," which is being narrated<br />

by Gary Cooper.<br />

Henry Wilcoxon to Make<br />

Personals for 'Samson'<br />

What with the nation's boxoffices in their<br />

present none-too-healthy condition, a prescription<br />

often advanced has been a return<br />

to the "fundamentals of good old-fashioned<br />

showmanship."<br />

And that is exactly what has been blueprinted<br />

by Paramount on behalf of the upcoming<br />

Cecil B. DeMille opus, "Samson and<br />

Delilah." As part of a long-range promotion<br />

campaign in advance of the picture's release<br />

early next year, Henry Wilcoxon—who has<br />

one of the toplines in the Hedy Lamarr-<br />

Victor Mature co-starrer—has been designated<br />

"ambassador of goodwill" and, early<br />

next month, will make an extended nationwide<br />

tour as a glorified drumbeater.<br />

Wilcoxon, who will cover the country via a<br />

MGM Ready to Produce<br />

'How to Win Friends'<br />

Many a waggish head was shaken and<br />

abimdant was the output of cinematic<br />

wisecracks when, some years back, MGM<br />

grabbed the screen rights to that bonanza<br />

of best-sellers, Dale Carnegie's "How to<br />

Win Friends and Influence People."<br />

Admittedly, the volume was—and still is<br />

—a household word 'round the world, but,<br />

queried filmdom observers, how the<br />

dickens could anyone make a picture out<br />

of it?<br />

But the Mighty Leo, who picked up the<br />

tome in 1937, ignored the witticisms directed<br />

at him for the purchase, placed<br />

the book on the inactive list and went<br />

on to other things. Now it has been<br />

dragged out of the vaults at the behest<br />

of Dore Schary, the studio's production<br />

chief, and is being transformed into a<br />

screenplay to star none other than Red<br />

Skelton—who, through his strenuous<br />

screen, radio and personal appearance<br />

activities, probably has won almost as<br />

many friends and influenced almost as<br />

many people as has the Carnegie book.<br />

Arthur Freed will produce it and Harry<br />

Ruskin has already started to work on<br />

the screen treatment.<br />

By<br />


specially chartered plane, to be flown by<br />

William P. Odom — noted round-the-world<br />

flyer—will address women's groups and civic<br />

organ- zations and will meet with the press<br />

to supply a description of the film, its cast,<br />

its background and its boxoftice potential.<br />

The Wilcoxon jimket was mapped in conferences<br />

between DeMille, Norman Siegel,<br />

Paramount studio director of advertising and<br />

publ'city, and Richard Condon, overall coordinator<br />

of the "Samson and Delilah" campaign.<br />

Wilcoxon will tour key cities over a<br />

period of from four to six weeks.<br />

Maxwell Shane to Produce<br />

'Hickory Stick' for Fox<br />

School teachers and their economic plight—<br />

the subject of considerable discussion and<br />

agitation throughout the country in recent<br />

years—will be brought into the cinematic<br />

limel'ght via the projected making of "The<br />

Hickory Stick," a new novel by Prof. Virgil<br />

Scott of Michigan State college, just purchased<br />

by Producer-Director-Writer Maxwell<br />

Shane. An indictment of small-town school<br />

systems and the shabby treatment some<br />

teachers are given, "The Hickory Stick" will<br />

be made independently by Shane as an outs'de<br />

commitment from his long-term ticket<br />

at 20th Century-Fox ... To be made for<br />

Paramount release. Producer Hal Wallis acquired<br />

"That's My Boy," a comedy by Mary<br />

Ellen Baylinson, which will serve as a starring<br />

vehicle for Buffoons Dean Martin and<br />

Jerry Lewis . .<br />

Abandoning plans to produce<br />

.<br />

it himself, Gary Cooper disposed of his<br />

screen rights in "The Girl on the Via<br />

Flaminia," a novel by Alfred Hayes to Leland<br />

Hayward and Director Anatole Litvak. They<br />

have booked Montgomery Clif t to star and<br />

are blueprinting plans to produce the subject<br />

in Italy . . . Producer Milton Bren, Director<br />

William A. Sieter and Actor Fred MacMurray,<br />

who pooled their interests to turn out<br />

the' recently-completed "Borderline," are going<br />

to continue their partnership. They have<br />

purchased "Beloved," an original by Corey<br />

Ford, for production early in 1950 . . .<br />

Republic<br />

picked up "South of Monterey," an<br />

original screenplay by Sloan Nibley. and assigned<br />

it to Producer Edward J. White as the,<br />

initial Roy Rogers starrer in Ti-ucolor on the<br />

studio's 1949-50 program. William Witney<br />

will wield the megaphone.<br />

Jane Russell to Co-Star<br />

With Mitchum for RKO<br />

That oft-recurring report that two of<br />

RKO's hottest boxoffice properties—Robert<br />

Mitchum and Jane Russell—were being<br />

slated for teaming by Howard Hughes materialized<br />

with the disclosure that Mitchum<br />

and Russell will be co-starred in "Shanghai<br />

Incident," a story of the Chinese city's recent<br />

fall . . . Joan Caulfield will have the title<br />

role in Columbia's "The Petty Girl" . . .<br />

Another topflight marquee magnet, Montgomery<br />

Clift, was booked by 20th Century-<br />

Fox to star in "Two Corridors East," story<br />

of the Berlin airlift, which will be filmed<br />

in Germany . . . MGM spotted Teresa Celli<br />

opposite Gene Kelly in "The Knife" . .<br />

Keefe Brasselle, who was one of the male top-<br />

Stromberg Signs Contract<br />

As Columbia Producer<br />

Another independent producer, and one<br />

of the top-ranking members of that picture-making<br />

fraternity for the past seven<br />

years, has decided that the grass grows<br />

greener in a studio contractual post.<br />

Hunt Stromberg is abandoning his .own<br />

unit and has signed a long-term ticket as<br />

a salaried producer at Columbia.<br />

Going with Stromberg to Columbia are<br />

his screen rights to "The Fat Man," based<br />

on the nationally known radio detective<br />

program of that name, and featuring a<br />

character created by Dashiell Hammett.<br />

For the past three years "The Fat Man"<br />

has been heard weekly over more than<br />

200 ABC network stations.<br />

Stromberg will produce the mystery<br />

yarns as a series, and will turn out other<br />

properties as well.<br />

For many years a top MGM producer,<br />

Stromberg left that studio in 1942 to<br />

form his own production imit. During<br />

the ensuing seven years he made six pictures,<br />

all for United Artists release, the<br />

last being "Too Late for Tears."<br />

In rejoining a studio pay roll, Stromberg<br />

follows the example set earlier by<br />

such industry figures as Michael Curtiz,<br />

Nunnally Johnson, Sam Wood and the<br />

organizers of Liberty Films—Frank Capra,<br />

George Stevens, William Wyler and Sam<br />

Briskin.<br />

liners in Ida Lupine's Film Classics produc-|<br />

tion, "Not Wanted," goes into "Never Fear,"<br />

La Lup'no's second film-making try . . .<br />

Carol!<br />

Thurston will have the femme lead in Screenji|<br />

Guild's "Apache Chief" . . . Character Actor<br />

Melville Cooper joined the cast of Para-|<br />

mount's Fred Astaire-Betty Hutton musicalj<br />

"Let's Dance."<br />

MacEwen Leaves Lasky;<br />

Returning to Warners<br />

A production partnership under which twcjl<br />

independent films had been turned out, bott I<br />

for RKO Radio release, came to an end witta<br />

the resignation of Walter MacEwen as vice-f<br />

president of Jesse L. Lasky Productions!<br />

MacEwen is returning to the executive staff<br />

of Warners, which studio post he left IM<br />

1942 after a 13-year association with thfl<br />

'<br />

company.<br />

I<br />

Lasky and MacEwen joined forces in 194(1<br />

and made "Without Reservations" and "Th|<br />

Miracle of the Bells." Remaining on th|<br />

Lasky agenda is "Trilby," which Lasky plan|<br />

to produce in England.<br />

United Artists to Release<br />

Orbit's Next Production<br />

After turning out two pictures for Eagj<br />

Lion, Orbit Productions — an independeir<br />

unit headed by Anthony Z. Landi and Cor<br />

stantin David—has swung over to Unite|<br />

Artists via arrangements whereby that con"<br />

pany will distribute its next release.<br />

Slated to roll in September, the opus<br />

"The Hard Pillow," a suspense mystery<br />

\<br />

Theodore Strauss and Josef Mischel. OrbitI<br />

first pair, released under the EL bannejj<br />

were "Parole, Inc.," and "Alimony."<br />

36<br />


: : July 30, 19^

3"5 Contrad<br />

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300 JULY-AUGUST<br />


MENTS!<br />

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pcii lie Is,<br />

should<br />

profitable<br />

^-.HicliUskJl<br />

—Hollywood<br />

Reporter<br />

5 Release<br />

jduction<br />

^ !»« ' Award<br />

V Magazine<br />

says:<br />

.' -JllB*'<br />

-rficE<br />

|1<br />

jol!'<br />

, refreshing,<br />

ne, exciting!"<br />

A sure record-breaker thru UA!

•<br />

West<br />

j<br />

W^<br />

TVct^^iH'^tfm<br />

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Theatre<br />

Construction,<br />

Openings and Sales<br />

Aiit-<br />

I<br />

•THE DRIVE TO CUT excises this year continues<br />

to pick up momentum, but still<br />

seems destined to get nowhere. Chances for<br />

a cut next year now appear excellent.<br />

Biggest push to the drive came this week<br />

in a statement by Senate Finance Committee<br />

Chairman George urging an immediate cut<br />

in the admission tax and other levies as one<br />

way to halt the business downturn. The<br />

finance committee handles tax legislation In<br />

the senate, and so George Is in a key spot.<br />

The catch is that the administration Is<br />

opposed to action this year, and so Is House<br />

Ways and Means Committee Chairman<br />

Doughton. And since all tax legislation must<br />

originate in the house, Doughton is likely<br />

to get his way.<br />

The senate finance committee has already<br />

voted, 7 to 6, to include an amendment cutting<br />

excises to prewar levels to a bill giving<br />

the Internal revenue commissioner certam<br />

subpena powers. However, this is a<br />

relatively unimportant biU, and the senate<br />

Democratic leaders have apparently decided<br />

not to call the bill up this year. (George, Incidentally,<br />

voted against the amendment,<br />

feeling It was not "germane" to the pending<br />

bill.)<br />

House Republicans are circulating a "discharge<br />

petition," to get the excise tax reduction<br />

biU brought up directly on the house<br />

floor. However, this Is picking up signatures<br />

very slowly, and It is not considered likely<br />

that It will get anywhere in time for action<br />

this session.<br />

The only possibility for some tax cut this<br />

year, it is believed, will materialize if some<br />

administration "must" bill is moved by the<br />

ways and means committee. Then the senate<br />

finance committee could again tack on<br />

the Johnson amendment, forcing house and<br />

senate action. The catch here is that no<br />

such "must" bill has materialized yet.<br />

Chief administration opposition to excise<br />

reduction now stems from the fact that the<br />

Treasury is already running in the red and<br />

top Treasury officials believe they cannot<br />

afford to lose any more revenue. This situation<br />

will not have changed next year, but two<br />

other factors will be diiferent, probably leading<br />

the adm nlstration to change its stand.<br />

One factor is that next year is an election<br />

year, and excise cuts will be politically popular.<br />

The second factor is that a continued<br />

business slump may make the administration<br />

ready to grasp at any straw that may bolster<br />

the economy..<br />


payments by film companies in May were<br />

only $224,000, compared with $1,986,000 In<br />

May 1948, according to preliminary figures of<br />

the Commerce department.<br />

Commerce officials were quick to point out,<br />

however, that the final revised figures might<br />

change this, making May of this year close<br />

to or above last May. This is because Stanley<br />

Co., which usually pays substantial dividends<br />

in February, May, August, and November,<br />

does not report them quarter by<br />

quarter but only at the end of the year.<br />

Thus, a $1,810,000 Stanley dividend is included<br />

in the May 1948 figure, while nothing<br />

was reported for this May. A similar situation<br />

was true in February. Later revised<br />

figures include Stanley payments, and the<br />

whole picture changes.<br />

Even taking into account the Stanley situation,<br />

however, the figures for the first five<br />

months are considerably below the comparable<br />

1948 figures, and Commerce spokesmen<br />

said that practically all companies contributed<br />

to the drop. For 1949, the January<br />

through May total is $13,193,000, compared<br />

with $18,929,000 for the first five months of<br />

1948.<br />

The department usually figures that publicly<br />

reported cash dividends account for<br />

about 60 to 65 per cent of all dividends, but<br />

officials believe that they may represent a<br />

larger share in the motion picture industry.<br />

* * *<br />

ALL THREE PARTIES to the K-B Amusement<br />

Co. case here have now filed their appeals<br />

from District Court Judge Matthew<br />

McGuire's decision.<br />

K-B and Kass Realty Corp. had filed their<br />

appeals earlier, and Stanley Co. filed its<br />

appeal last week. Argument will not be<br />

heard in the U.S. Court of Appeals for the<br />

District of Columbia before next year.<br />

McGuire ruled that the contract between<br />

K-B and Stanley for joint operation of the<br />

MacArthur Theatre here was part of the<br />

whole conspiracy feimd illegal by the Supreme<br />

Court in the Paramount case and so<br />

not enforceable in federal courts. For the<br />

same reason he threw out a dispute among<br />

K-B, Stanley and Kass about construction<br />

of a second theatre.<br />

* * *<br />

THE ARMY HAS TOLD the State department<br />

to rest easy—there'll be no film import<br />

quotas in western Germany. The official<br />

inter-departmental message confirmed the<br />

earlier informal assurances given MPAA<br />

President Eric Johnston by John J. McCloy,<br />

U.S. high commissioner for Germany. Johnston<br />

protested both to McCloy and Secretary<br />

of State Acheson. The State department<br />

asked the Pentagon for details, and the Pentagon<br />

queried American military government<br />

officials In Germany.<br />

This week the answer came in from Germany<br />

for transmitting to the State department.<br />

It not only said there would be no<br />

quota; it confirmed that the quota request<br />

had originated with the German industry<br />

until then, only rumored. "Any request for<br />

import quotas originated by Germans," the<br />

cable said, "must be submitted to the Joint<br />

Export Import Agency for approval. No<br />

screen quotas have been or can be Imposed,<br />

since the U.S. element on JEIA will not approve."<br />

* • *<br />

TOP ARMY BRASS WAXED enthusiastic<br />

about MGM's new film,<br />

"Battleground," after<br />

a special preview showing at the Pentagon.<br />

Carter Barron, Loew's eastern district manager<br />

who took the film to the Pentagon, said<br />

the generals felt that the Dore Schary film<br />

captured completely the spirit and fortitude<br />

of the World War II infantryman.<br />

MGM Sets 2 Tradeshows<br />

NEW YORK—MGM will<br />

tradeshow "That<br />

Midnight Kiss" August 23 and "The Doctor<br />

and the Girl" September 7. Both pictures<br />

will be released during September.<br />


Alameda, Calif.—Construction ol 800-car drive-in lo<br />

begin soon lor Nasser bros.<br />

Alameda. Calii.—New $200,000, 850-car drive-in to<br />

be built tor John Huston.<br />

Albany, N. Y.—New drive-in now under construction<br />

lor two Albany businessmen.<br />

Alexander City. Ala.—Plans being completed for<br />

new dnve-in tor Mack lackson.<br />

Buckhannon. W. Va.—7i5-seat theatre under construction<br />

tor Ray Colerider.<br />

Columbus. Ind.—Syndiccrte Theatres, Inc., have<br />

begun work on a 700-car drive-in.<br />

El Dorado, Eas.— Drive-in under construction lor<br />

Ben Adams.<br />

Erie, Pa.—Unnamed theatre under construction for<br />

Zeny Bros.<br />

Evansville. 111.—700-car drive-ir> to be built by<br />

Fine Bros.<br />

Goodland, Kas.—Construction begun on 250-car<br />

drive-in tor Commonwealth Theatres.<br />

Hartford. Conn.—Construction begun on $250,000<br />

shopping center and theatre.<br />

Memphis. Tenn.—New theatre begun by Malco<br />

Theatres, Inc.<br />

Park Falls, Wis.—Park Theatre under construction<br />

for James and George Esterl.<br />

Philadelphia, Pa.—^2,000-seat thecrtre under way lor<br />

Melvin Fox.<br />

Pontiac. III.—New drive-in begun.<br />

Portales. N. M.—Work begun on 950-seat Tower<br />

Theatre for Theatre Enterprises, Inc.<br />

Pratt. Kas.—New 250-car drive-in nearly completed.<br />

Tom3 River. N. J.—Toms Drive-In now under contion<br />

by Izzy Hirschblomd.<br />

Toms River, N. I.—Bay Drive-In now under construction<br />

for Izzy Hirschblomd.<br />

Trenton. N. J.—Burlington Drive-In in planning!<br />

stttges for David Supowitz.<br />

Trenton. N. J.—Trenton Drive-In constructed fori<br />

Melvin Fox, W. W. Smith and Walter Reed jr.<br />

Valley City, N. D.—Construction of 1,104-seat<br />

Omwich Theatre nearly completed for Clark-Thomas<br />

Corp.<br />

Palm Beach, Fla.—Construction under way<br />

on theatre for Florida State Thecrtres.<br />

Wichilo, Kas.—Construction begun on $400,000.<br />

l,5C0-seat theatre for Sullivan Independent Theatres.jj<br />

Winslow, Me.—Lockwood & Gordon Enterprise!<br />

have begurl construction of 500-car drive-in.<br />


Alexandria. La.-:-500-car drive-in opened by Bill;<br />

Fox.<br />

Charlotte. N. C—North 21 StatesviUe Road Drive<br />

In, 400 cars, to open about August 1.<br />

Cho^e. Kas.—Chase Theatre opened by owne;<br />

C. D. and Ira Ruark and William Guttman.<br />

Du Bois. Pa.—Hi-Way Drive-In, 350 cars, openei<br />

here recently.<br />

Greentown, Ind.—200-secft Open Air Theatre openedji<br />

Helena. Mont.—Sunset Drive-In opened.<br />

Jamestown, N. D.—^300-seat theatre opened by Freq^<br />

and Albert Krieger.<br />

\<br />

Pueblo. Colo.—Lake Drive-In opened. :<br />

Roxboro. N. C.—O. J. Kirby will open his 1,000-seail<br />

Kirby Theatre soon.<br />

j<br />

Sikeston. Mo.—400-car drive-in opened by O. D;<br />

Clayton.<br />

SALES:<br />

Hibbing, Minn.—Avon Theatre sold by Elmor

I<br />

,<br />

more<br />

I<br />

!<br />

In<br />

litriidioo,<br />

iiKJ<br />

Sales<br />


EDITOR<br />


Associate Editor<br />

umm<br />


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Sidewalk Artist Gets<br />

Locals Talking About<br />

'Portrait of Jennie'<br />

For a street stunt on "Portrait of Jennie,"<br />

Lou Cohen, manager of Loew's PoU in Hartford,<br />

Conn., engaged a local artist to sketch<br />

people on the street in front of the theatre<br />

for several days ahead of playdate. The<br />

sketches were presented to the persons who<br />

posed for them, and the gag resulted m<br />

some extra press mentions.<br />

Cohen tied up with stores carrying artist<br />

supplies for displays on the film.<br />

A jukebox was borrowed from a local distributor<br />

for a lobby stunt on "The Barkleys<br />

of Broadway." The dealer provided display<br />

for the lobby to plug the jukebox and the<br />

picture, while tunes from the film were<br />

played on the machine.<br />

In connection with "Force of Evil," thousands<br />

of numbered cards were distributed on<br />

the streets, with a notice that several lucky<br />

numbers were posted on a lobby display board.<br />

Those turning in lucky numbered cards received<br />

guest tickets.<br />

Novelty counters in department stores and<br />

five-and-dime stores featured special displays<br />

of "Jigsaw," and dog and food store<br />

windows were lined up for "The Sun Comes<br />

Up."<br />

Assistant Norman Levinson worked with<br />

Cohen on the various promotions.<br />

Ice Cream, Candy, Too<br />

For a recent kid show at the Hippodrome<br />

in Corbin, N. Y., Manager Lou Merenbloom<br />

tied up with two local dealers who provided<br />

free ice cream and candy for every youngster<br />

who attended.<br />

100,000th Patron<br />

Hits the Jackpot<br />

The 100,000th person to enter the Center<br />

Theatre in Windsor, Ont., received<br />

almost $1,000 worth of prizes as a goodwill<br />

gesture, through a citywide promotion<br />

by Ray McAuliffe, assistant manager<br />

of the house.<br />

The prizes, including radios, tea kettles,<br />

sweaters, wagons, shoes, groceries,<br />

etc., were promoted from local merchants<br />

and displayed in the theatre lobby along<br />

with an announcement that the 10O,0OOth<br />

person to purchase a ticket at the Center<br />

would receive all the gifts.<br />

Cooperating merchants also sponsored<br />

a large ad in the local Riverside News,<br />

announcing the giveaway offer.<br />

Swan Soap-CARE Tieup<br />

Promotes 'Red Shoes'<br />

Irving Cantor, manager of<br />

the Eckel Theatre,<br />

Syracuse, and Eagle Lion exploiteer<br />

Addle Addison made an excellent tieup with<br />

Swan soap distributor and CARE in behalf<br />

of "The Red Shoes," which netted elaborate<br />

displays in every grocery and drug store in<br />

the city.<br />

The deal was hooked to the current CARE<br />

campaign to collect Swan soap wrappers<br />

which can be redeemed for cakes of soap to<br />

be sent to needy children in Europe. Every<br />

day, the person presenting the greatest number<br />

of Swan wrappers at radio station WSYR,<br />

local outlet for the Swan soap program, receives<br />

a pair of guest tickets to see "The<br />

Red Shoes."<br />

Because of the popular interest in CARE,<br />

all the newspapers and radio stations have<br />

been extremely generous with plugs for the<br />

picture and theatre.<br />

Summertime Is Bathing Beauty Time<br />

Window displays and a bathing beauty contest were big guns «» the exploitat on<br />

campaign pSt on for "Neptune's Daughter" by Howard Burkhordt. '"""^ °j '^^<br />

Midland in Kansas City. More than a dozen of the hnesl downtown stores tied n<br />

on the promotion. Fairyland Park displayed two 40x60 boards or two weeks m<br />

advance announcing a back-stroke swim meet for an Esther W.lhams trophy. The<br />

meet and the picture playdates were also announced over the parks public address<br />

system each day.<br />

40<br />

— 238<br />

Rural and City Selling<br />

Varied for<br />

Promise'<br />

By Frank Boyle<br />

trank Boyle, manager of the Saxon,<br />

Fitchbmg, Mass., used two different selling<br />

angles to promote "The Green Promise. In<br />

'<br />

the city, the picture was sold as a great family<br />

show, with quotes from various magazmes<br />

and organization heads. In the rural areas<br />

it was sold as "the 4-H picture." via spec^l<br />

ads and stories in country weeklys. The<br />

rural weeklies were 100 per cent cooperative<br />

in plugging the 4-H angle.<br />

,,_„.„<br />

Boyle tied in with Sears, Roebuck & Co. to<br />

bring the winner of the Sears, Roebuck<br />

Foundation 4-H contest to the openmg night<br />

performance.<br />

"The Stratton Story," likewise, was sold<br />

on two different angles for its Saxon playdate.<br />

On the amusement page, and m morning<br />

broadcasts aimed at reaching women patrons,<br />

the fUm was exploited as "the great<br />

true love story of our time." On the sports<br />

pages, ads plugged the baseball angle with<br />

big league stars named in the supporting<br />

cast. Catchlines for the ads featuied "Base<br />

ball tonight."<br />

Young Hospital Patients<br />

Are 'Circus Days' Guests<br />

Highlighting extensive exploitation foi<br />

"Circus Days" when it was shown at thf<br />

Mohawk and Saratoga Drive-In theatres operated<br />

by the Pabian-Hellman circuit, spe<br />

cial screenings of the picture were arrangec<br />

for youthful patients at the Sunny View hos^<br />

pital and the Brooks.de camp sponsored b?<br />

the Children's Home society.<br />

The young patients were taken to tn<br />

Mohawk Drive-In in special buses charterer<br />

by officials of the circuit jointly with th<br />

Schenectady Union-Star. Ice cream, popcor;<br />

and candy were distributed to the kiddie|<br />

during the performance.<br />

One hundred. three-sheets and 200 one<br />

sheets were posted in Albany, Troi<br />

and Schenectady, and vicinities. Teaser a<br />

were used in all daily and weekly news<br />

papers published in the area. Special cop<br />

also was used in comic sections and oj<br />

sports pages. More than 5,000 heralds wei|<br />

distributed in surrounding localities. Variov<br />

radio stations contributed announcemen;<br />

publicizing the tOieatre and the picture, i<br />

Studebaker Sponsors<br />

Co-Ops on 'Champion'<br />

Lou Hart, Schine district manager, a,1<br />

ranged for newspaper co-op ads on "C^MJ<br />

pion" at the Avon, Watertown, N. Y. Tl<br />

v«rtm<br />

\t, m<br />

to !!<br />

Iriers. uc -<br />

it! ;c<br />

|w,iijntin;:shrir<br />

m," C!er<br />

local Studebaker distributor ran a series<br />

.<br />

^^<br />

ads tying in the film with the Studebak ;<br />

j^j '^<br />

Champion model.<br />

*•<br />

Noting that Kirk Douglas, star of the m<br />

is a St. Lawrence university alumnus, Hs<br />

planted newspaper stories in the Waterto^U *« 3<br />

Daily News.<br />

Passes for Lucky Spins<br />

A lottery wheel was used in the ^°^^j—<br />

Keith's Theatre, Baltimore, by Fred Scha<br />

.^^^<br />

berger, manager, for "The Lady GambW .p-i.<br />

A sign headed, "For Ladies Only," offej<br />

one spin of the wheel. Those who hit lu^^<br />

numbers received guest tickets.<br />

BOXOFnCE Showmandiser :: July 30, 1 pay,<br />

>ncE,<br />

Pf.::-. -,.

H'-i<br />

J8<br />

b<br />

I<br />

WANTED!<br />


high school education or better,<br />

free to travel, owning good car, to<br />

handle unit of "Prince of Peace."<br />

Work entailed, supervising theatre<br />

engagements, financial settlement,<br />

and ten minutes speaking<br />

on stage crt each performance.<br />

Steady work, basic expenses and<br />

pay, plus fine commission arrangement.<br />

Jobs in all sections of<br />

nation open.<br />

WANTED,<br />


with high school education or better,<br />

free to travel, owning car, to<br />

learn agency assignments, booking<br />

and exploitation work, to<br />

handle route of "Prince of Peace."<br />

Excellent opportunity for hard<br />

workers. Exclusive territory. Opportunity<br />

to become zone manager<br />

within month. Basic expenses<br />

and pay plus fine commission arrangement.<br />

New territory open<br />

everywhere.<br />


high school education or better,<br />

free and desiring to travel, to<br />

work on unit shows on "Prince of<br />

Peace." Clean, interesting work.<br />

Jobs open all sections of country.<br />


MUST be honest and clear for<br />

bonding.<br />

MUST hove high school education<br />

or better.<br />

MUST be willing and a hard<br />

worker.<br />

MUST be free to travel and accept<br />

assignments any place in<br />

U.S.<br />

MUST make neat appearance,<br />

have good personality, and make<br />

friends easily.<br />

R^<br />

JMIS<br />

NOW<br />

READY<br />

HewVoxllHice<br />

||roffl:<br />

lEAT<br />

Ina<br />

m0IPIH0EMT<br />

EXU81T0S<br />

...after 300<br />

Test Runs iE<br />

ALL NEW<br />


Tried- Tested -<br />

Champion lo<br />


UNION<br />

,OT.ON P.CTURE ""'^'J^ P CTURE<br />

OPPORTUNE AND GIVE ^O"" = " ^<br />

Proven<br />




.ND,ANA=<br />

R tfaiitbw y Wfii 1 e aiy^^^^^^f<br />

^^<br />

S.ONS P^o^^^^V^^^rS tS auburn<br />

PRCDUCTIONS--" ^ "*"' WIMI—Ill<br />

State<br />

Coast-to-Coast Tours Open AUGUST ISth<br />

Opportunity To Work And Travel<br />

In All Foreign Countries Will Be<br />

Available Within Month.<br />

. Si'**<br />

Hallmark and Hygienic employes<br />

are best paid roadshow people in<br />

America. Beside basic expense<br />

and pay, our employes have<br />

earned nearly $500,000 m<br />

bonuses.<br />

If you want a job—write or wire<br />

today. Mcdl, airmail recent snapshot<br />

or photo along with brief<br />

resume of your experiences, age,<br />

etc.<br />

in af<br />

r-ose Ills'"<br />

.'-sets.<br />

Address all applications to MRS. HELEN<br />

STOWELL. Director of Personnel,<br />


Hallmark Bldg., Wilmington, Ohio<br />

It's<br />


J*»<br />

'XOFFICE Showmandiser :: July 30, 1949<br />

— 239 —<br />


Widespread Ballyhoo<br />

Given to 'Wizard' at<br />

Worcester, Mass.<br />

^ >-OilUf U\ ' _<br />


, ^<br />

'<br />

: ISPECIAL<br />

I<br />

elk<br />

.<br />

j<br />

j^<br />

"^<br />

t Newspaper Publicity<br />

i<br />

Puts Punch in Frisco<br />

'Stallion' Campaign<br />

Newspaper publicity was the big punch in<br />

the campaign for "Red Stallion in the<br />

Rockies" at the Paramount Theatre, San<br />

Francisco, jointly executed by Earl Long,<br />

manager, and Jerry Juroe, publicist. For<br />

three days in the week preceding opening,<br />

they ran a seven-inch teaser ad, staggering<br />

them to break in one morning and one afternoon<br />

paper daily. This was followed by display<br />

ads for two days, with a 36-inch ad<br />

breaking on opening day.<br />


-"'•"tialitoiill<br />

".'.:! visible ii si<br />

'i i"m ol Ral;l<br />

'^<br />

: Riala in fc<br />

-i 3f«llillg ol<br />

With the cooperation of Mother Hubbard<br />

*^° conducts a Saturday kiddy page in the<br />

!News and averages 30,000 letters from readers<br />

monthly, a coloring contest was arranged,<br />

depicting a sketch of the fight between the<br />

and the stallion. She ran a large spread<br />

on her page urging readers to enter the contest,<br />

accompanied by a two-column story lib-<br />

ia comic strip mi:'<br />

eraily splashed with picture and playdate an-<br />

TEMi?! ns J i<br />

I nouncements. The winners were announced<br />

- :'.'.<br />

ott of plvw'<br />

1<br />

) in her column the following Saturday ,and<br />

li'- SSI<br />

lilit tlie<br />

' they were rewarded with prizes on the stage<br />

rj; J<br />

3"iched to i<br />

of the Paramount that night.<br />

j<br />

'c mIow c<br />

. , A four-colunm art break with a story on<br />

/ .. TjLeatrice Joy and her return to films was<br />

r.nWMlisj j^^g^ in the News, the Call Bulletin had a<br />

''^'^'"'"'ijs-column, 10-inch art break of Jean Heather,<br />

at others. 1<br />

)<br />

and the Examiner and Chronicle broke with<br />

,,[1 four pieces of art each, with stories.<br />

ipirtletsplicM|<br />

^^^ Malloy of station KYA conducted a<br />

'^"""" "radio contest for one week, tied in with<br />

^galbemlto<br />

comments on "Red Stallion in the Rockies."<br />

It<br />

'.Each day he mentioned two animals and<br />

asked listeners to name the films in which<br />

B iiiii m:<br />

Ithey were featured. Those phoning in correct<br />

answers received theatre<br />

t.ctjpa-'fc fc'<br />

passes.<br />

•'- ''' '<br />

A<br />


special front was constructed, stressing<br />

'-<br />

'the picture's action and the animal fight.<br />

pa {.'^(Portions of the front were animated and<br />

.; Siiperami'iliUuminated at night. The theatre lobby had<br />

!i huge cutout of the animal fight a week<br />

•r.<br />

In soy*''<br />

--. -Hfalltl<br />

nols Create<br />

jna'Display<br />

9<br />

!.n advance of opening.<br />

\ Six travel agencies were tied up for win-<br />

'dow displays, with copy recommending a<br />

Mp to the picturesque Rockies and a trip to<br />

:;he Paramount Theatre to see "Red Stallion."<br />

ISach window displayed a 22x28 poster with<br />

tills from the picture.<br />

Two sound trucks, each bearing 24-sheets,<br />

raveled the downtown section and suburban<br />

';xeas prior to and during the current run.<br />

selected illuminated spots in San Franisco<br />

were secured for 24-sheet posting.<br />

Jlope in Window Object<br />

Jj>f Hope' Guessing Gag<br />

A guessing contest for "Rope" was set up<br />

y Ray Chabillon, manager of the Audien<br />

.heatre, Wetaskiwin, Alta.<br />

**!'oU!Os« iWith the cooperation of a local hardware<br />

^oitM'i'',<br />

/srtW ?" "' '*""^' coiled jl<br />

rope was displayed in the winj3Jjjtorsii*"'Jow<br />

with an invitation to "Guess the length<br />

* .jjini Si"5 ' .^f this rope." The five closest guessers re-<br />

^:... I'ived two passes each.<br />

Chabillon reports that in addition to the<br />

Be results achieved with this simple stunt,<br />

,n£t»^ co-l<br />

5 was able to increase his mailing list for<br />

monthly screen calendar he uses, from the<br />

unes and addresses found in the contest box.<br />

.^ J*' OXOFFICE Showmandiser July 30, 1949<br />

Guessing Contest,<br />

Head 'Pride of Yankees<br />

Sports tieups and a guessing contest were<br />

the big guns in the campaign to exploit<br />

Pride of the Yankees" by George Maxwell,<br />

manager of the Empire Theatre, Syracuse,<br />

N. Y. He obtained a picture of the Yankee<br />

baseball team of 1938. This was placed on<br />

a 40x60 along with an invitation to the public<br />

to identify each member of the team and<br />

a chance to win 25 guest tickets for the correct<br />

answers. The display was set up in the<br />

lobby and kept outdoors a good part of the<br />

time next to a special ballot box and entry<br />

blanks for interested people.<br />

Maxwell also arranged for a contest on<br />

station WNDR, with the radio audience invited<br />

to submit the names of all players who<br />

were on the Lou Gehrig team of 1938. Yankee<br />

baseball caps were offered as prizes for<br />

the first 25 listeners submitting the correct<br />

names.<br />

Favorite Book Contest<br />

Aids Cleveland 'Garden'<br />

Vaughn O'NeUl, manager of the Ohio Theatre,<br />

Cleveland, tied up with the editor of<br />

the Cookie club, a daily column in the Cleveland<br />

News, for a letter-writing contest on<br />

"The Secret Garden."<br />

The newspaper for a week in advance invited<br />

juvenile members of the Cookie club to<br />

submit letters stating their favorite book<br />

and reasons for liking it. For prizes, ten<br />

autographed copies of the book, "The Secret<br />

Garden," signed by Dean Stockwell and<br />

Margaret O'Brien, and 40 pairs of theatre<br />

tickets for the Ohio, were offered to winners.<br />

O'Neill promoted roses from a neighborhood<br />

florist which were presented to the first<br />

200 women attending opening day matinee.<br />

Cashes in on Local Angle<br />

Lou Cohen, manager of Loew's Poll, Hartford,<br />

Conn., got some extra press notices for<br />

"It Happens Every Spring" by mentioning<br />

to newspaper editors the fact that Ed Begley,<br />

former Hartford resident, has a prominent<br />

role in the picture.<br />

— 241 —<br />

Cap Giveaway<br />

Buildup<br />

Newspaper boys in the downtown area and<br />

all route delivery boys in Syracuse were provided<br />

with Yankee baseball caps. An additional<br />

supply of caps was given to the recreational<br />

department of the city for distribution<br />

to sandlot baseball teams in the parks.<br />

Still more caps were given away to the first<br />

50 boys attending the opening day matinee.<br />

Special newspaper stories and ads, radio announcements<br />

and a 40x60 in the lobby announced<br />

this offer.<br />

Four book stores were contacted and window<br />

displays set up utilizing the book tiein,<br />

along with stills and posters announcing the<br />

Empire showing of "Pride of the Yankees."<br />

A 24-sheet board was set up in the lobby<br />

two weeks prior to opening. Maxwell mailed<br />

stories and pictures to sportswriters in the<br />

Syi-acuse press and to all sports commentators<br />

on local radio stations.<br />

Extensive School Aid<br />

Supports 'Hamlet'<br />

Bernie Depa, manager of the State Theatre.<br />

Lexington, Ky., cashed in heavily with<br />

educational tieups on "Hamlet" and was rewarded<br />

with above average business during<br />

the run of the picture.<br />

The county and city high schools were<br />

given study guides for discussions of the film<br />

in school classes, and postere were displayed<br />

on all school bulletin boards. The University<br />

of Kentucky and the University of<br />

Ti-ansylvania likewise had display posters exhibited,<br />

and the former used a program devoted<br />

to an album from "Hamlet" on its<br />

radio station.<br />

Members of the Theatre Guild and professional<br />

people throughout the area received<br />

mailing pieces and literature plugging<br />

the picture. Newspaper publicity included<br />

advance and current readers plus art breaks.<br />

The picture was sold in and around the theatre<br />

as a "double Academy award winner."<br />


Lobby Ideas Stand Out<br />

At RKO in Cleveland<br />

Lobby promotion has been doing a fine<br />

job of selling attractions, according to Ed<br />

Pyne, manager of the RKO 105th Street Theatre,<br />

Cleveland.<br />

In his campaign for "The Window," Pyne<br />

advertised a contest open to all window<br />

washers in which free tickets were offered<br />

for a 25-word description of "the most interesting<br />

sight I have ever seen looking into a<br />

window." The stunt was inspired by a<br />

query which appeared in the Inquiring Photographer<br />

column of the Plain Dealer.<br />

Two weeks in advance of "The Set-Up,"<br />

Pyne used a 40x80 "see" board in the shape<br />

of a huge boxing glove on which was pasted<br />

a still montage.<br />

>»<br />

Smart Use of Radio Marks<br />

Campaign for 'Colorado'<br />

Smart radio promotion was the highlight<br />

of a campaign on "The Man From Colorado"<br />

executed by Sidney Bowden, publicity manager<br />

for the Newport and Colley theatres,<br />

Norfolk, Va.<br />

Daily plugs were promoted over station<br />

WSAP several days prior to opening, and a<br />

fashion commentator on this same station<br />

helped to reach potential women patrons.<br />

Miss Nellie Griffin, on her morning show<br />

over WGH, featiu-ed a quiz suggested in the<br />

press book and offered theatre passes to the<br />

Newport and Colley for winners.<br />

Further cooperation from station WSAP<br />

involved a four-day "Silver Dollar" answer<br />

contest.<br />



Photo above was taken on one of Kelvinator's movie-ad sets<br />

at the Alexander Film Co. Produced in natural color, the new<br />

Kelvinator movie shorts are now being seen by millions of movie<br />

fans throughout the nation.<br />

Nash-Kelvinator Corp., and 43 other major national manufacturers<br />

rely on the Alexander Film Co., for top quality, interestcompelling<br />

movie-ads. More than half of the nation's theatres<br />

screen Alexander ads.<br />

It's the easy way to boost theatre income,<br />

with regular "added profits"!<br />


Bally for 'Daughter'<br />

Helps Set New Mark<br />

New records were established for the Cen-, t"<br />

ter Theatre at Rehobath Beach, Del., by'<br />

"Neptune's Daughter" largely as the resultj]<br />

of an aggressive exploitation campaign de-|<br />

vised and executed by William Derrickson<br />

owner and manager, and Tom Baldridge<br />

MGM exploiteer.<br />

In advance of the playdates, a large standi<br />

of Esther Williams and Red Skelton wad<br />

placed in the lobby, along with a set of llxl4-i<br />

inch stills. A transcribed interview witW<br />

Esther Williams was played between showj<br />

over the house sound system. Teaser ano.<br />

regular trailers also were shown at everji<br />

performance.<br />

i<br />

On the opening day, a large cutout o;!<br />

Esther Williams, frozen in a 300-pound cake o,<br />

ice, was placed in the lobby, and prizes weM<br />

offered to the persons guessing closest whei'<br />

the ice would be completely melted. Monj<br />

than a thousand special heralds were placeci k<br />

in local hotel lobbies, and special cards weriT<br />

placed in store windows and tacked on poIes|<br />

Several three-column and four-column adi<br />

were used in advance of the playdates. i<br />

feature story, "It Took a Lot of Room<br />

Film 'Neptune's Daughter,' " was planted<br />

one of the dailies. A sound truck used<br />

advance and during the rtm carried sign|<br />

listing the attraction and the playdates.<br />

Staffers Don Sea Whites<br />

For 'Sea in Ships' Showing]<br />

Ralph Lanterman, manager of the Com<br />

munity Theatre, Morristown, N. J., had a.'<br />

the ushers and doormen wear sailor suits fo'<br />

a week prior to the opening of "Down to th <<br />

Sea in Ships." Their white sailor caps wer;<br />

lettered with the picture title.<br />

An interesting lobby piece for this play<br />

date was prepared by Fred Utter, assistar<br />

manager, with the use of star stills, a boi<br />

rowed ' fish net -and life preserver, and a<br />

anchor cut from cardboard. The dark articli<br />

attractively arranged against a white bad<br />

ground made an eye-catching display.<br />

For "Yellow Sky," Lanterman borrowf<br />

a telescope, tied a piece of cardboard ovi]<br />

the end, and placed it in the lobby with<br />

sign: "Look through this. You'll see 'Ye|<br />

low Sky.' " Most people stopped to take<br />

look and although all they saw was a lot<br />

magnified yellow cardboard, the stunt seemij<br />

to amuse them.<br />

New Car for 'Riley'<br />

A tieup with the Hudson Motor distrib<br />

tor in Cambridge, Md., resulted in a cost-fr:<br />

street ballyhoo on "The Life of Riley." Hej<br />

man Stevens, manager of the Arcade The|<br />

tre, obtained a new Hudson which was driv<br />

around the town and surrounding area wil<br />

banners lettered, "You'll live "The Life<br />

Riley' when you drive a new Hudson." Oi<br />

included the Arcade playdates.<br />

j<br />

Csji, Miifv :'<br />

iiolred I .-.r :<br />

lift I mil<br />

in etc «t' 1<br />

ml dflic «q<br />

If<br />

YOU<br />

EDGE ?u<br />

m -<br />



44 — 242 —<br />

Promotes Co-Op Herald<br />

Frank Hambridge, assistant at the Wl(|<br />

mico Theatre, Salisbury, Md., laid out<br />

attractive "See" herald for "Canadiancif'c."<br />

Hambridge then sold the back p^<br />

of the layout to a local photographer<br />

enough cash to cover all costs.<br />

BOXOFFICE Showmandiser :: July 30, Ifl<br />


,•<br />

',<br />

'<br />

. . Doors<br />

wiatlt<br />

'H atn ai "?;;<br />

'•' i ISI?t CUtOllll!:<br />

ii3ll0.poiiii4tai(f,<br />

iii;, ffld prijes w I<br />

«sai4 closest M i<br />

ttelr melted.<br />

iii||<br />

iHnldsieieplu^i<br />

Bdgcmlcaiilsig!!<br />

nud tided OB {xiej!<br />

:iad!osi-coluii:<br />

: o! the plajdates.<br />

It I lot of Room:<br />

iie'.'mi<br />

toDdmickusedi f<br />

iheroD wnedni<br />

udllieplirdateL.il<br />

M<br />

Sea Whites<br />

lips' Showintj<br />

_-:: o! the Cs4 -<br />

Local Coniesl Seeks<br />

Miss America Enlry<br />

Fred Greenway, manager of Loew's PoU<br />

Palace in Hartford, Conn., tied in with the<br />

management of a slenderizing salon for a<br />

contest to select Miss America of 1949. The<br />

salon sponsored the contest and paid for the<br />

cost of heralds announcing the competition.<br />

Any single girl between the ages of 18 and<br />

28, a high school senior or graduate, was<br />

eligible to participate. Contestants were required<br />

to appear on the stage of the theatre<br />

in evening gowns or bathing suits, and were<br />

judged on the basis of looks, figure and personality.<br />

Local merchants as well as the salon donated<br />

prizes, and winners were likewise entitled<br />

to participate in the state finals for<br />

Miss Connecticut, offering $25,000 scholarship<br />

awards in Atlantic City, to be staged in September.<br />

Extensive newspaper publicity resulting<br />

from the contest carried liberal theatre mentions<br />

on every occasion.<br />

Lamb in Pen Effective<br />

A sidewalk stunt which provoked amusing<br />

comments for "So Dear to My Heart," reports<br />

Sam Carr, manager of the Ritz, Greenville,<br />

Ala., involved a live black lamb borrowed<br />

from a nearby farmer. The lamb was enclosed<br />

in a handmade pen in front of the<br />

theatre, with a sign, "I'm waiting to see my<br />

brother in, etc., etc." The stunt turned out<br />

to be a real traffic stopper.<br />


Cowboys and a lobby directional sign, prior<br />

to "Texas, Brooklyn and Heaven" at the<br />

Strand in Long Branch, N. J., caused many<br />

a patron to smile. Tom Phelan, manager,<br />

had his doorman and ushers dressed in western<br />

outfits. The directional sign pointed out<br />

the mileage from the theatre to Texas, from<br />

the theatre to Brooklyn, and the picture playdates.<br />

Spencer Steinhurst, manager of the Weis<br />

Theatre, Savannah, Ga., distributed cocktaU<br />

doilies to hotels, night clubs and bars, imprinted<br />

with copy: "For a cooling taste treat,<br />

try a 'Red Menace' cocktail. For explosive,<br />

shocking entertainment, see 'The Red Menace'<br />

starting, etc." These were distributed<br />

in large quantities and received excellent<br />

coverage all over town. For additional advance<br />

promotion. Savannah Beach Road was<br />

posted with 300 window cards.<br />

To attract attention to his booking of "My<br />

Wild Irish lose," H. Clayton-Nutt, manager<br />

of the Broadway Theatre, Eccles, England,<br />

tied up with a local florist for a competition<br />

in which prizes were awarded for the most<br />

beautiful hand-made artificial roses. The<br />

contest was divided into three classes, children,<br />

teen-agers and adults. The owner of<br />

the flower shop was the sole judge, and<br />

among the promoted prizes for winners were<br />

boxes of real roses and guest tickets to the<br />

Broadway.<br />

Feather-Guessing<br />

Good Xhicken' Gag<br />

For "Chicken Every Sunday," Herman<br />

Slepian, manager of the State, Brooklyn,<br />

held a feather-guessing contest in the theatre<br />

lobby. A container with feathers was<br />

on display, and two weeks in advance coupons<br />

were distributed for patrons to write<br />

in the amount of feathers they thought was<br />

in the jar. The one who came closest to the<br />

correct answer received an electric broiler,<br />

while ten chickens were awarded to the runnersup.<br />

The prizes were promoted, as well as<br />

the cost of the coupons, and the no-cost stunt,<br />

reports Slepian, was reflected at the boxoffice.<br />

Summer policy at the State has the doors<br />

opening one hour earlier than usual, and<br />

to announce this, Slepian has a huge sign<br />

in the lobby, reading: "Summer time is Air<br />

Conditioning Showtime . . . Pun for the<br />

Family . open, etc."<br />

Two pair of boxing gloves were borrowed<br />

from the YMCA, and used to decorate a<br />

lobby poster for "The Set-TTp." The gloves<br />

were placed on on each corner of the poster<br />

and attracted attention to the copy.<br />

Sketches Sell 'Freshman'<br />

Leonard Tuttle, manager of the St. Albans<br />

Theatre in St. Albans, N. Y., used blackboard<br />

sketches by a local high school student to<br />

bally "Mother Is a Freshman." He also obtained<br />

a dummy figure from a dress shop<br />

which furnished school and college pennants<br />

to round out the lobby display.<br />

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.3^'<br />

July'<br />

DXOFFICE Showmandiser :: July 30, 1949 — 243 —<br />


Flashy Jungle Front<br />

And Gorilla Bally<br />

Exploit 'Island'<br />

Special exploitation helped roll up extra<br />

grosses for Bob Tarbeck, manager of the<br />

Liberty Theatre, Pikesville, Ky., on "Unknown<br />

Island."<br />

Tarbeck built a spectacular false front<br />

against a jungle background, with posters and<br />

special art work. He sold 2,000 exchange<br />

heralds to a local merchant carrying the<br />

sponsor's imprint, and distributed these in<br />

Pikeville and the rural area.<br />

Newspaper teaser ads helped to create<br />

advance interest ten days prior to opening.<br />

For local street ballyhoo, a man dressed in<br />

a gorilla costume paraded the streets with<br />

signs two days in advance. A sound truck<br />

was engaged to reach the small mining camps<br />

located outside the city lim'its.<br />

Announcements were made over the house<br />

public address system a week before opening,<br />

exchange three-sheets were posted on<br />

all main highways leading into Pikeville, and<br />

150 window cards were spotted all over town<br />

and through the mining district.<br />

DRIVE-IN<br />


Entertain the children with the latest kiddie<br />

riding devices. Complete line of miniature trains,<br />

auto rides, pony rides, and airplane rides. Immediate<br />

deliverv. lArm^ arranged.<br />


Mt. CUnuns. Wch.<br />

kill See Our Ad in Modem Theatre Section<br />





Thoafro Bldg. Wayne- Mich.<br />

Teen-Age Fashions Tieups<br />

Started for 'Roseanna'<br />

A national teen-age fashions tieup on<br />

"Roseanna McCoy" was planted in Seventeen<br />

magazine as the opening gun in a crosscountry<br />

department store ballyhoo by Samuel<br />

Goldwyn Productions.<br />

The two-page fashions article in the teenage<br />

publication was arranged by the Goldwyn<br />

offices with Lord & Taylor, New York<br />

department store, a Fort Wayne, Seattle and<br />

San Francisco firm. Tlae section mentioned<br />

the film and introduced its teen-age star<br />

Joan Evans.<br />

The first local break was set in the Cincinnati<br />

Post in a tieup with Mabley & Carew<br />

store there. The store ran a full-page ad<br />

saymg that a teen fashion council for the<br />

store would be selected by Samuel Goldwyn.<br />

The ad included mention of the film and<br />

the opening date at the RKO Albee, along<br />

with photos of Goldwyn, Joan Evans and a<br />

scene from the film.<br />

Staffers Go Collegiate<br />

For Coed Double Feature<br />

John Balmer, manager of the Paramount,<br />

Long Branch, N. J., had his cashier and doorman<br />

wear sweaters and Eton type "beanies"<br />

to promote interest in his double feature of<br />

"Mother Is a Freshman" and "Mr. Belvedere<br />

Goes to College."<br />

The lobby and theatre front were festooned<br />

with pennants from different colleges. Cheerleader<br />

megaphones were placed in strategic<br />

locations in the lobby and under the marquee.<br />

A dress shop specializing in teen-age girls'<br />

clothes utilized a full window display, tying<br />

in both pictures.<br />

For "Family Honeymoon," Balmer promoted<br />

a huge wedding cake, displayed it in<br />

the lobby, and had a toy railroad running<br />

around the display for animation. Stills and<br />

special ad copy hooked up the display with<br />

the title.<br />

Promotes Magazines<br />

James F. Steppello, manager of the James<br />

Theatre, Utica, N. Y., tied up with the distributing<br />

company of Reader's Digest to give<br />

away 100 free copies of the Italian edition<br />

of the publication, in conjunction with the<br />

booking of an all-Italian program. The free<br />

magazine offer was advertised in the theatre<br />

lobby and in the James newspaper ads.<br />

Some Exhibitors Are<br />

Dumb like A Fox'<br />



Prompt service. Special printed roll tickets.<br />

100,000. $23.95; 10.000. $6.85: 2.000, $4.45.<br />

Each change in admission price, including change<br />

hi color. $3.00 citra. Double numbering extra<br />

Shipping charges paid to 500 miles. Cash with<br />

order. Kansas City Ticket Co., Dept. 9. 1819<br />

Central, Kansas Cily. .Mo.<br />

SIGNS<br />

Easy Way to Paint Signs. Use letter patterns.<br />

.\void sloppy work and wasted time. No experience<br />

needed for expert work. Write for Iree samnles.<br />

.lohn Rahn, B-1329. Central Ave., Chicago<br />

51, ni.<br />


Parts for all chairs. Send sample foi quotation.<br />

Pensin Seating Co.. Chicago 5.<br />

Patch-0-Seat cement. i''atching cloth, solvent.<br />

etc. Fensin Seating Co.. Chic.igo 5.<br />

Tiflhten loose ciiairs with Permastone anchor<br />

cement. Fensin Seating Co.. Chicag6 5.<br />

Chair supplies. Everything for theatre chairs.<br />

Fensin Seating Co.. Chicago 5.<br />

Used chairs, guaranteed good. .Advise quantity<br />

wanted. Photographs mailed with quotation. Fensin<br />

Seating Co.. Chicago 5.<br />

No more torn seats: Kepair with the original<br />

I'atch-.^-Seat. Complete kit, $6. General Chair<br />

Co.. Chicago 22, 111.<br />

Chair Parts: We rurnlsh most any part you require.<br />

Send sample for price, brackets, backs<br />

and seals. General Chair Co., 1308 Elston Ave..<br />

Chicago 22. 111.<br />

Many years In the seating business Is your<br />

guarantee. Good used chairs are not too plentiful<br />

but we have the pick. Full upholstered, panel<br />

back and miiny other styles. We furnish proper<br />

slope or level standards to fit your floor. All<br />

size 18x21-lnch chairs. Our prices are lowest.<br />

Write for exact photo and price. We furnish parts<br />

for all makes. Send sample. Good quality plastic<br />

coated leatherette 25x26-inci), all colors, 55c ea.<br />

Chicago UseS Chair Mart, 829 South State St.,<br />

Chicago 5. 111.<br />

No more loose chairs: Get "Firmastone" Anchor<br />

cement. $5 per box. General Chair Co.. Chicago<br />

22. 111.<br />

Seat Covers: Quality pre-cut leatherette 25"<br />

by 20" at 65c each. Sewn covers with cloth<br />

skirts, from 90c. Fred's Theatre Service, Vina.<br />

Alabama.<br />

Several thousai^d used opera chairs now In<br />

stock. Can furnish any amount you request. Pull<br />

upholstered back, insert panelback. hoxsprlng and<br />

spring edge seat. Write for photo and -tate<br />

amount and inclihe. We also manufacture 'lew<br />

chairs. General Chair Co., 1308-22 Elston Ave..<br />

Chicago 22. III.<br />

Artificial leather. All colors, 50 In. wide, at<br />

$1.25 yd. Samples on request. Commerclaleather.<br />

116 MiMrlmac St.. Boston. Mass.<br />

Theatre chairs, used. 6,000 In stock. $1.50 each<br />

lip. With spring edge and box spring cushions,<br />

Mith lull upholstered, panel and veneer backs.<br />

1.000 u-Ileer chairs, 800 good backs, 3,500 A-1<br />

spring cushions. 50c each. Write tor prices and<br />

exact photographs. Immediate delivery. .Advise<br />

how many you need. We export an.vwhere. Convenient<br />

terms. Jesse Cole, 2565 McClellan Ave.<br />

Phone Valley 23445. lietroit, Mich.<br />

n.<br />

IjiSS)*!'<br />

||itesDaL '<br />

lIlllK-<br />

( a\ ;..<br />

I, '.<br />

lipm. SCllc^nK<br />

?''<br />

oiitlioniT u<br />

liilKII i'. .<br />

!i«Iiu»i-'<br />

ton<br />

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mtuiti<br />

iltiloInsisliniQi<br />

fiiBlillat.c .<br />

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We can furnish lunction Box Post Lights with any<br />

of our In-A-Cor speokers at a VERY SMALL additional<br />

cost.<br />


729 BaltilDOie (Phone HA. 8007) Kansas Cily, Mo.<br />

Upholstery Service: Chairs completely rebuilt.<br />

We furnish all material necessary. $1.50 per<br />

back, $1.50 per cushion. Have back or cushion<br />

recovered free and be convinced. Write Albany<br />

Theatre Supply Co., 1046 Broadway, Albany, N. Y.<br />

Flash!! 474 excellent veneer portable folding<br />

chairs, $3.50 each. Telephone, wire or write for<br />

Chair Bulletin 15, showing closeouts on other<br />

good used and rebuilt lots. Dept. C. S.O.S. anema<br />

Supply Corp.. 602 W. 52nd St., New York 19.<br />

^•**%,<br />

46<br />




fKOM COAST ro COASr .<br />


Corp. JACOBS BROS.<br />

T03MAIN ST. • BUFFALO. N. Y. • WA. 2S06<br />

MDGROjP^<br />

'iiON»^MD'<br />


Aima^>e»>.mG\fME<br />


— 244 —<br />

400 theatre seats in good condition. Biiispring,<br />

heavy veneer backs. Gilbert May. 220 Elraa St..<br />

Cnrydon, Iiid.<br />

Theatre chairs, many reconditioned. Trade your<br />

veneers on cusiiion chairs. Lone Star Film Co..<br />

Dallas. Tex.<br />



BOXOFFICE Showmandiser :: July 30, 1»<br />

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Film Firm Purposes<br />

Set Out in Papers<br />

ALBANY—To provide funds, literary material,<br />

services and other facilities for and<br />

generally to aid and encourage the production<br />

of motion pictures of every kind by<br />

existing or newly created producing enterprises<br />

in such manner as the board of directors<br />

may authorize and approve were given<br />

as purposes in incorporation papers recorded<br />

by Schwartz & Frohlich, New York attorneys.<br />

for the National Exhibitors Film Invest. ng<br />

Corp.<br />

Any action which may be incidental to the<br />

stated purposes of the new corporation may<br />

include the making of completion bonds and<br />

other guarantees and commitments, foreclosure<br />

of liens and other steps to protect<br />

any investment, including the production of<br />

any film, and to select and approve of a distributor<br />

of any such motion picture.<br />

A proviso, setting forth three limitations<br />

to corporation powers, declares it shall not<br />

have authority to approve or reject licenses<br />

for exhibition of any films, to commit any<br />

of its stockholders to exhibition of any motion<br />

pictures, or to commit any producer or<br />

exhibitor to license them for showing in any<br />

particular theatre.<br />

The corporation may acquire by purchase<br />

or otherwise, and ovm, sell, assign or otherwise<br />

dispose of shares of the capital stock,<br />

rights, bonds or other securities and to sell,'<br />

pledge or otherwise dispose of notes or other<br />

obligatioiLs.<br />

Provision is made for no fewer than thi-ee<br />

or more than nine directors. The principal<br />

office is to be located in the borough of<br />

Manhattan. Meetings may be held outside of<br />

New York state. Directors and officers of the<br />

corporation do not have to be stockholders.<br />

Directors named include Ev9:-ett A. Frohlich,<br />

Mortimer N. Felsinger and Leonard Kaufman.<br />

Mayor to Install ITOA Officers<br />

NEW YORK—Mayor William O'Dwyer wiU<br />

act as instaUation official at the 15th annual<br />

installation dinner of the Independent<br />

Theatre Owners Ass'n August 11 at the Astor<br />

hotel.<br />

FCC Denies Arguments<br />

In KLAC Sale to WB<br />

WASHINGTON—The Federal Communications<br />

commission this week wi-ote "finis" to<br />

the likelihood of an early decis.on on whether<br />

the Paramount defendants will be allowed<br />

to operate television stations.<br />

The commission denied the petitions of<br />

Mrs. Dorothy Schiff (Thackrey) and Warner<br />

Bros, for immediate oral arguments and<br />

a ruling before August 1 on the proposed<br />

sale of KLAC-TV, Los Angeles, and two<br />

radio stations to the film company.<br />

The Warner agreement with Mrs. Schiff,<br />

publisher of the New York Post Home News,<br />

to buy KLAC-TV, KLAC and KYA, San<br />

Francisco, from her for $1,045,000 expires<br />

August 1, and Warners formally notified the<br />

commission that it would not extend the<br />

contract.<br />

The commission said it would not be able<br />

to hear arguments and render a decision by<br />

August 1, and, anyway, oral arguments alone<br />

would not be suff.cient to determine Warner<br />

Bros.' qualifications as a licensee.<br />


To determine these qualifications, g&id the<br />

commission, full consideration must be given<br />

to the effect of the company's states as a<br />

defendant in an antitrust suit, in the light<br />

of the Supreme Court decision in the Paramount<br />

case.<br />

The commission has repeatedly stated that<br />

the Supreme Court ruling would be a factor<br />

in its final decision on the qualificatipns of<br />

the film company defendants as broadcasters,<br />

but it has not taken any steps to air the<br />

subject until July 13, when it announced that<br />

hearings would be held on the Schiff-Warner<br />

proposals, filed more than a year agp.<br />

With the termination of the contract, there<br />

will not longer be any basis for hearings in<br />

this case—except in the highly improbable<br />

event that Warners reverses its announced<br />

decision and extends the agreement.<br />

Elimination of delays like this and the resultant<br />

discomfiture to applicants (Mrs.<br />

Schiff told the commission that failure to<br />

act by August 1 would leave her personally<br />

liable for some $950,000 advanced by Warner<br />

Bros, for work on KLAC-TV) is one of the<br />

objectives of a bill reported last week by the<br />

senate interstate committee.<br />

The measure would reorganize FCC procedures<br />

and functions, and is designed to<br />

speed the handling of cases before it, and to<br />

force it to act on applicat.ons instead of sitting<br />

on them for an indefinite period, such<br />

as it has been doing with the film company<br />

applications.<br />


The bill sets "fair time limits" of three<br />

months for final commission disposition of<br />

nonhearing cases, and six months from the<br />

final date of hearing on all hearing cases.<br />

The commission would be required to report<br />

to Congress all cases pending before it longer<br />

than these periods, stating the reasons for<br />

delay.<br />

The bill<br />

also would benefit the Paramount<br />

defendants by virtually eliminating the possibility<br />

of their blanket disqualification by<br />

the FCC as television licensees.<br />

The commission would retain the authority<br />

to weight the effect of an antitrust violation<br />

in considering an applicant's qualifications<br />

for a broadcasting license, but it would<br />

no longer have the authority to institute antitrust<br />

proceedings of its own.<br />

Under this section of the communications<br />

act, the commission now has the power to<br />

begin license revocation proceedings where<br />

a licensee has been found guilty in court of<br />

an antitrust violation but where the court<br />

did not exercise its authority to order revocation.<br />

The power of the courts to impose revocation<br />

of a commission license as an additional<br />

penalty for violation of the antitrust statutes<br />

would not be impaired under the bill.<br />

I ^ it I).<br />

'<br />

S«.'"<br />

iifKroV"<br />

Construction has been started on a theatre and shopping center<br />

by Fred S. Kogod on a site at Piney Branch road and Flower avenue<br />

m Taicoma Park, Md. Designed by John Zinlt. Baltimore architect,<br />

tte theatre will contain 1,000 seats and will be known as the Flower.<br />

Provision for television will be made. Plans provide for a large<br />

parking lot. The project will include ten storerooms for a food<br />

market, a drug store, a dry cleaning establishment and shops featuring<br />

men's and women's wearing apparel and accessories. The project,<br />

which is being built by the Roscoe Engineering Co., is expected<br />

to be completed in December.<br />

JiiltS*<br />

OXOFTICE July 30, 1949<br />

N<br />


. . Louis<br />

. . Perry<br />

. . Norbert<br />

. . Maurice<br />

. . Max<br />

. . Clyde<br />

. . Walter<br />

. . Other<br />

BROADWAy<br />

John Joseph, assistant to Howard Dietz, vis-<br />

* ited Washington for conferences with<br />

executives of MGM and Loew's in connection<br />

with "Battleground," which was shown<br />

to army officers a week ago .<br />

Lieber,<br />

head of RKO studio pubUcity, was here for<br />

home-office conferences on new product . . .<br />

Harpo Marx arrived from London and went<br />

immediately to Detroit for the opening of<br />

"Love Happy" (UAi at the Pal State Theatre.<br />

He also was due to visit Milwaukee<br />

and Chicago.<br />

.<br />

Richard DeRochemont, producer of March<br />

of Time, anived on the He de France July<br />

27 after ten weeks in Paris where he supervised<br />

planning of MOT production for the<br />

next year Lazar. vice-president of<br />

Paramount International Theatres, is back<br />

from Paris . .<br />

MGM reprints<br />

William B. Zoellner, head of<br />

and short subjects sales, left<br />

.<br />

for visits to branches in New Haven, Boston,<br />

Albany and Buffalo . . . Sam Siritzky of<br />

Siritzky International Pictures Corp. left for<br />

Paris to discuss American distribution of<br />

French films.<br />

Ruth Cosgrove has been named radio and<br />

magazine contact for Eagle Lion by Leon<br />

Brandt, national director of advertising, publicity<br />

and exploitation. She has been associated<br />

in the past with Samuel Goldwyn,<br />

Robert Taplinger and George Evans . . .<br />

Herbert Crooker, MGM publicity manager,<br />

and Hal Burrows, head of the art department,<br />

Virginia Mayo<br />

left for vacations . . . and Michael O'Shea have returned to Hollywood<br />

after short visits here . . . Patty Mc-<br />

Queen, recently chosen "Doll of New Orleans"<br />

because of her resemblance to Arlene Dahl,<br />

is here as guest of Eagle Lion for radio and<br />

television appearances and interviews . . .<br />

Glenn Ford and Valli sailed to join director<br />

Ted Tetzlaff in the French Alps where an<br />

RKO picture will be made . Sosinki<br />

of MGM's Pittsburgh office and his wife<br />

vacationed here.<br />

Charles Korvin, actor; Richard Kollmar,<br />

producer, and Merle MUler, writer, took part<br />

in a nationwide broadcast celebrating the<br />

147th anniversary of the birth of Alexander<br />

Dumas . . . Phil Cowan, formerly United Artists<br />

trade press representative, has joined<br />

Eagle Lion as trade news and syndicate contact<br />

. N. Wolf of MGM spoke before<br />

the Junior Chamber of Commerce in<br />

Spokane on July 25, and the Lions club at<br />

Wenatchee, Wash, on July 29 . . Jack Dunning,<br />

.<br />

cutter on "Battleground" (MGM), has<br />

returned to Hollywood.<br />

.<br />

Shirley May France, who left for England<br />

to try to swim the channel, has a tieup as<br />

"amphibious press agent" for Edward Small<br />

and "Black Magic," according to United<br />

Artists. She is expected to make personal<br />

appearances for the film, which opens dayand-date<br />

in 400 cities August 19 . . . R. E.<br />

Pierce, Altec sales representative in Boston,<br />

visited New York E. Youngsteln,<br />

Paramount national director of advertising,<br />

publicity and exploitation, left for Hollywood<br />

for a series of meetings with studio executives<br />

on advertising campaigns for "The<br />

Heiress" and "Samson and Delilah."<br />

Al Kane, Paramount assistant eastern and<br />

southern division manager, met with Maurice<br />

Simon, Buffalo branch manager, in that city<br />

during the week . Goodson. Paramount<br />

Atlanta manager and co-captain of<br />

the eastern and southern divisions in the<br />

Gold Rush of '49 sales drive, was due here<br />

over the weekend . Oberst, sound<br />

technician, and Schuyler Sanford. assistant<br />

cameraman, were en route to Rome to work<br />

oh Hal Wallis' "September" . sailings<br />

included Joseph H. Moskowitz, vicepresident,<br />

20th Century -Fox; Frederick Lonsdale,<br />

playwright, and Mrs. Irene Selznick.<br />

Ai-rivals included Harry Brandt, theatre<br />

owner; Charles Boyer and Harpo and Mrs.<br />

Marx and son.<br />

Tom Clark Is Not Expected<br />

On Para., Griffith Cases<br />

WASHINGTON—Attorney General Tom<br />

Clark, named to fill the Supreme Court vacancy<br />

left by the death of Justice Murphy,<br />

will probably not participate in the Paramount<br />

or Griffith cases if they get back to<br />

the high court. Justices usually disqualify<br />

themselves from sitting on cases with which<br />

they were associated before being named to<br />

the court.<br />

Moderate Film Trade<br />

Along Sunny B'way<br />

NEW YORK—Business generally was moderate<br />

as a result of perfect beach and park<br />

weather over the weekend and the departure<br />

of the visting and free-spending Lions.<br />

"You're My Everything" set a mild pace during<br />

its fu-st week at the Roxy. "Not Wanted"<br />

opened above average at the Globe. Two<br />

Walt Disney reissues, "Dumbo" and "Saludos<br />

Amigos." were among the leaders when they<br />

opened at the Gotham. Holdovers which<br />

pulled customers were "The Great Gatsby"<br />

at the Paramount and "Look for the Silver<br />

Lining" at the Music Hall.<br />

"Hamlet" still was selling plenty of tickets<br />

during its 44th week at the Park Avenue and<br />

so was "The Red Shoes" during its 40th week<br />

at the Bijou. The new arrivals were "Come<br />

to the Stable" (20th-Pox) at the Rivoli,<br />

"Mighty Joe Young" (RKO) at the Criterion<br />

and "The Window" at the "Victoria.<br />

(Average Is 100)<br />

Astor—Lost Boundaries (FC), 4th wk 95<br />

Bijou—The Red Shoes (EL), 40th wk. of two-a-day 85<br />

Capitol Any Number Can Play (MGM), plus<br />

stage show, 4th wk 90<br />

Criterion Calamity Jane and Sam Bass (U-I), 4<br />

days of 2Tid wk 55<br />

Globe—Not Wanted (FC) 105<br />

Gotham—Dumbo (RKO), Saludos Amigos (RKO).<br />

reissues 105<br />

Loew's State—The Great Sinner (MGM), 4th wk 95<br />

Mdyfair-The Big Steal (RKO), 3rd wk 100<br />

Palace Alimony (RKO), plus 'stage show 105<br />

Paramount The Great Gatsby (Para), plus stage<br />

show, 2nd wk.- 105<br />

Park Avenue Hamlet (U-I), 44th wk. of two-aday<br />

90<br />

Radio City Music Hcrll Look for. the Silver Lining<br />

(WB), plus stage show, 6th wk 105<br />

Rivoli—Take One False Step (U-I), 5th wk 55<br />

Roxy You're My Everything (20th-Fox), plus stage<br />

show - 110<br />

Strand—The Fountainhead (WB), 3rd wk 70<br />

Sutton—Quartet (EL), 18th wk 90<br />

Victoria Home ol the Brave (UA), 11th wk 80<br />

Tra(de<br />

Steady in Baltimore<br />

Despite Continued Heat<br />

BALTIMORE—Continued hot weather kept<br />

many persons out of the downtown district,<br />

but trade at local first runs was fairly steady.<br />

"One Woman's Story" at the Town chalked<br />

up 108 per cent to set the pace for newcomers.<br />

"Any Number Can Play," in a second round<br />

at the Century, topp'ed holdovers with a rating<br />

of 122 per cent.<br />

Century—Any Number Can Play (MGM), 2nd wk...l22<br />

Hippodrome Roughshod (RKO), plus stage show. .106<br />

Keith's Calamity Jane and Sam Bass (U-I) 95<br />

Mayfair Champion (UA), 4th wk 114<br />

New—House of Strangers (20th-Fox), 2nd wk 98<br />

Stanley—G-Men (WB), reissue , 97<br />

Town—One Woman's Story (U-I) 108<br />

Valencia ^Neptune's Daughter (MGM), 4th wk 97<br />

UseA F/Z.MACK<br />


1^ To Help Put It Across !<br />

F I L M A C K<br />

CHICAGO 1327 S. Wabash Ave.<br />

NEW YORK 619 West 54th. St.<br />


JOE<br />

HORNSTEIN, Inc.<br />

630 NinUi Ave.. N«w York City<br />

Eric Johnston in Spokane<br />

For a Short Vacation<br />

WASHINGTON—Eric Jolinston, president<br />

of the Motion Picture Ass'n of America, is in<br />

Spokane for a "two or three week" vacation.<br />

He left Washington by plane Wednesday, and<br />

MPAA officials said they did not expect him<br />

back untU after the middle of August. There<br />

was still doubt when he left as to whether<br />

he would stop in Hollywood before he comes<br />

back.<br />

Paige Subs at Music Hall<br />

NEW YORK—Raymond Paige, radio, film<br />

and symphonic music conductor, has been<br />

appointed guest conductor of the Radio City<br />

Music Hall orchestra during the vacation of<br />

Alexander Smallens. He will direct the<br />

music for the show which will open August 4.<br />

'Beach' Paces First Runs<br />

At 107 in Buffalo<br />

BUFFALO—"The Gii-1 Prom Jones Beach"<br />

led in a listless week here. Hot weather returned<br />

after a brief respite. "House of<br />

Strangers" was fair at the Buffalo and "The<br />

Fountainhead" held up fairly well in a second<br />

week at the Hippodrome.<br />

Buffalo-House of Strangers (20th-Fox); The Daring<br />

Caballero (UA) 96<br />

Great Lakes—The Girl From Jones Beach (WB);<br />

The Fan (20th-Fox) 107<br />

Hippodrome—The Fountainhead (WB), 2nd d. I.<br />

wk 91<br />

Lafayette The Doolins of Oklahoma (Col); Lady<br />

at Midnight (EL) 83<br />

Teck—Africa Screams (UA); Streets of San Francisco<br />

(Rep), 2nd d. t, wk 79<br />

20th Century—Mighty Joe Young (RKO); Trouble<br />

Makers (Mono), 2nd d. t. wk<br />

86 i'<br />


JOE HORNSTEIN has them<br />

48 BoxorncE July 30, 1949

V.y-'<br />

He gives shape to things to come...<br />

HIS the ability to see each script through<br />

the camera's eye ... to picture with brush<br />

and pencil the story's dramatic highlights<br />

. . . and, finally, to shape sketches<br />

into settings of authentic merit.<br />

He is the screen's art director, at once<br />

responsive and responsible. Not only<br />

must he be sensitive to the mood of the<br />

story<br />

giving full consideration, as well,<br />

to the personality of the star . . . but<br />

also he must be constantly aware of the<br />

practicalities of motion picture production,<br />

be able to work closely with scores<br />

of crafts within and without the studio.<br />

Above all, the art director knows the<br />

importance of the faithful reproduction<br />

of the values he creates ... an assignment<br />

he is well content to see competently<br />

handled<br />

by Eastman's famous family of<br />

motion picture films.<br />


ROCHESTER 4, N. Y.<br />



J* 30, IK BOXOFFICE :: July 30, 1949 49

. . . Gene<br />

•<br />

Along New York's Filmrow<br />

.By<br />

n NEW THEATRE, the Roosevelt, was<br />

opened Thursday (28) at Hyde Park,<br />

N. Y. The 600-seat house is operated by<br />

Phil Eisenberg. Sidney Cohen, Elliott Roosevelt<br />

and Faye Emerson Roosevelt. The coowners<br />

gave a dinner to mark the opening.<br />

New York branch managers and sales personnel<br />

were among those invited . . . Ira<br />

Michaels was to replace Don Kranze as New<br />

Jersey salesman for Eagle Lion on August 1.<br />

Michaels resigned from Selznick Releasing<br />

Oi-ganizatlon on July 29. He had been handling<br />

the New Jersey and upstate areas.<br />

Clarence Eiseman, district manager for<br />

Warner Bros., spent part of his vacation at<br />

T.mberdoodle lodge, Lake Placid, as a guest<br />

cf Frsd Schwartz, vice-president of Century<br />

Theatres. Eiseman now is at Saranac Lake<br />

... It was reported that Harry Brandt's<br />

Wakefield Theatre in the Bronx will receive<br />

day-and-date clearance with the Loew's theatres<br />

in that borough. Brandt's Mosholu<br />

Theatre, also in the Bronx was among the<br />

first independents to get day-and-date runs<br />

with Loew's early this year.<br />

. . .<br />

Myron Sattler reported that the New York<br />

Paramount branch was in fourth place for<br />

consolidated standings on all national sales<br />

at the last official check. The percentage<br />

of sold possibilities was 80.62. Eddie Bell<br />

and Phil Isaacs of the New York branch<br />

were among the leading Paramount salesmen<br />

The Film Center Bldg. had a fire drill<br />

Tuesday (26).<br />

Vacation news: Harold Forma of the Windsor<br />

Theatre, Manhattan, returned from a<br />

two-week trip to Cape Cod and Cape Ann . . .<br />

Dave Klein, MGM booker, left July 29 for<br />

a motor trip to Florida . . . Dick Lubin, also<br />

of MGM, left for the seashore the same day<br />

. Lou Allerhand, MGM branch manager for<br />

New Hampshire and to Canada during the<br />

latter part of the month.<br />

. .<br />

New Jersey, will .spend the first two weeks<br />

in August upstate . . . Moe Rose, MGM<br />

booker for New York City, will motor to<br />

More about vacations: Faye Starr, New<br />

Jersey booker for Eagle Lion, and Zelda<br />

Rosenberg of the L shipping department<br />

were out of town . . . Tommy Goff, Brooklyn<br />


THE ENTIRE SOUTH — thru<br />

ATLANTA: Aslor, W. M. Richordaon<br />

(3) 163 Walton St., NW<br />

DALLAS: Jenldns & Bourgeoia, Aator<br />

(1) Harwood & Jackson Streets<br />

NEW ORLEANS: Dixie. R. A. (Bob) Kelly<br />

(13) 218 S. UbertY<br />

Ramp Identification<br />




Lights<br />


729 Baltimore<br />

K. C. Mo.<br />

"Voice of Theatre Speakers"<br />

JOE HORNSTEIN has them!<br />

booker for Universal-International, returned<br />

from his vacation . . . Mel Sherman, print<br />

booker for the same company, still is enjoying<br />

his two-week holiday . . . Eileen Coyne,<br />

also of EL, was back at work.<br />

Al Mendelson, New Jersey booker for<br />

20th-Fox, was on vacation . . . Ann Jones,<br />

secretary to Sam Diamond, 20th-Pox branch<br />

manager, left for Great Harrington Friday<br />

Newman and Rita Klie, both of<br />

Paramount, still are out of town . . . Herb<br />

Pickman, Warner Bros, field man for the<br />

New York territory, had a reunion with<br />

Charles Taylor, director for the Paramount<br />

theatres in Buffalo, who was in town for<br />

the 20th-Fox merchandising meeting of ad<br />

and publicity directors.<br />

other Filmrow visitors: Bill Didsbury,<br />

Didsbury Theatre, Walden, N. Y.; Al Mac-<br />

Kennan, Albermac Theatre, Pawling, N. Y.;<br />

Milton Coleman, State Theatre, West Orange,<br />

N. J.; Irving DoUinger, Independent Theatre<br />

Service; Irving Renner, Endicott circuit;<br />

Tony DiSabato, Park Theatre, South Plainfield;<br />

L. Basser, Europa Theatre, New Brunswick;<br />

Harold Klein, J. J. Theatres, and Seymour<br />

Florin and Sonny Liggett, Liggett-<br />

Florin booking service . . . Phil<br />

the RKO exchange at 3:30 p.<br />

Hodes closed<br />

m. Wednesday<br />

(27) because of the heat.<br />

DeMille Off With Circus<br />

To Get Film Atmosphere<br />

NEW YORK—Cecil B. DeMille and members<br />

of his staff will travel with the Ringling<br />

Bros.-Barnum and Bailey circus for three<br />

weeks to absorb atmosphere for "The Greatest<br />

Show on Earth," his next Paramount<br />

picture. They will be with the circus during<br />

its three-day stand in Chicago August 5-7<br />

and the next two days in Milwaukee. The<br />

itinerary then will be Sheybogan, Oshkosh,<br />

Madison, Winona, Eau Claire and Marshfield,<br />

Wis.; Duluth and Bemidji, Minn., and Grand<br />

Porks, Devil's Lake and Minot, N. D.<br />

New York lATSE Unions<br />

Convening at Syracuse<br />

NEW YORK—The annual convention of<br />

lATSE District 10, composed of local unions<br />

throughout New York state, will be held<br />

July 31 at the Syracuse hotel, Syracuse, one<br />

day before the opening of the New York<br />

State AFL convention in that city.<br />

James J. Brennan, fourth vice-president,<br />

has been named by Richard F. Walsh, president,<br />

to preside at the convention. H. Paul<br />

Shay of Local 289, Elmira, is secretary-treasurer<br />

of the district. Tom Murtha of Local<br />

4, Brooklyn, heads the legislative committee.<br />

'Patch' Gets 338 Dates<br />

NEW YORK—"The Great Dan Patch" has<br />

been booked into 338 situations in the first<br />

three or four weeks of its availability, according<br />

to Fred M. Jack, UA western general<br />

sales manager. The Indianapolis exchange<br />

has 134, Minneapohs, 100, Chicago 64, and<br />

Milwaukee 40.<br />

Paramount Field Men<br />

Told Latest Methods<br />

NEW YORK—New approaches to sales and<br />

promotion were the theme at a series of meetings<br />

with the five Paramount division managers<br />

and other executives which was opened<br />

July 28 by A. W. Schwalberg, vice-president<br />

and general sales manager. There was specific<br />

discussion of plans for "The Heiress,"<br />

William Wyler production; the "Gold Rush<br />

of '49 Sales Drive," which opens Labor Day,<br />

and a preview of advertising campaigns for<br />

Cecil B. DeMille's "Samson and Delilah," Hal<br />

Wallis' "My Friend Irma" and "Rope of<br />

Sand," "Top O' the Morning," "Song of Surrender"<br />

and "Red, Hot and Blue." The meetings<br />

were scheduled to run through the<br />

weekend.<br />

The division managers were: Hugh Owen,<br />

eastern and southern division; H. H. Goldstein,<br />

mideastern; J. J. Donahue, central;<br />

M. R. Clark, south central, and George A.<br />

Smith, western. Home office executives participating<br />

were Barney Balaban, president;<br />

E. K. O'Shea, assistant general sales manager;<br />

Russell Holman, eastern production<br />

manager, and Max E. Youngstein, national<br />

director of advertising, publicity and exploitation.<br />

'Sword' Art Completed<br />

NEW YORK—Roy Besser,<br />

magazine illustrator,<br />

has completed a series of five portraits<br />

of the leading characters in "Sword<br />

in the Desert" (U-I), a film about Palestine<br />

immigration. The portraits will be used for<br />

the advertising and exploitation campaigns.<br />

The pictures show Dana Andrews, Marta<br />

Torn, Stephen McNally, Jeff Chandler and<br />

Liam Redmond in their roles.<br />

James Lees Net Lowered<br />

BRIDGEPORT, PA.—Net earnings of $1,-<br />

860,039 are reported by James Lees & Sons<br />

Co. for the six months ending July 2. This<br />

is equivalent to $2.2'l per share on the common.<br />

For the first half of 1948 the net was<br />

$2,311,056, or at the rate of $2.76 per share_<br />

on the common. ;<br />

Preview Catskill Theatre<br />

CATSKILL, N. Y.—A special preview of<br />

the new Catskill Theatre was held here Friday<br />

night by owner Sam Rosenblatt for representatives<br />

of industry, the clergy and civic<br />

leaders. Regular shows will commence Saturday.<br />

The 600-seat house cost $170,000 to<br />

erect.<br />

Walter Gould Resigns<br />

NEW YORK—Walter Gould, who resigned<br />

as United Artists foreign manager July 17,<br />

was guest of the company's foreign department<br />

at a Club 21 luncheon Friday (29).<br />

Gould is about to start his own business.<br />

Balaban Flies to Europe<br />

NEW YORK—Barney Balaban, Paramount<br />

president, flew to Europe Fi-iday (29) to join<br />

Ma-s. Balaban and his two youngest children,<br />

Judith and Leonard, for a vacation on the^<br />

Fi-ench Riviera.<br />

$<br />

50<br />

BOXOFFICE :: July 30, 1949

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'Stable' Opening<br />

YORK—"Come to the Stable" C20th-<br />

Pox) was given an elaborate premiere at the<br />

Rivoli Theatre Wednesday night (27) with<br />

an array of notables and two distinct novel-<br />

ties.<br />

was the first premiere to be put on a<br />

network and it was the first to<br />

have a 50,000-watt bulb on the marquee. The<br />

bulb could be used only intermittently, because<br />

it generated so much heat.<br />

Also present were nearly 50 out of town<br />

and local exploitation and publicity experts<br />

in town for a three-day conference on showmanship<br />

at the 20th Century-Fox home office<br />

under the chairmanship of Charles Einfeld,<br />

director of advertising, publicity and exploitation.<br />


Consuls general from many countries were<br />

present, as were city officials, including the<br />

five borough presidents and members of the<br />

city council.<br />

The television and radio activity started<br />

at 8 p. m. The DuMont network assigned<br />

Wendy Barrie to do the comment and interview<br />

celebrities as they entered. The New<br />

York outlet was WABD. Others connected<br />

with it were: WFIL-TV, Philadelphia;<br />

WAAM, Baltimore; WTTG, Washington;<br />

WNAC-TV, Boston; WNHC-TV, New Haven;<br />

WGN-TV, Chicago; WJBK-TV, Detroit;<br />

WEWS, Cleveland; WDTV, Pittsburgh;<br />

WSPD-TV, Toledo; WBEN-TV, Buffalo:<br />

WICU, Erie; WHAM-TV, Rochester: WTVR,<br />

Richmond; KSD-TV, St. Louis; WTMJ-TV,<br />

Milwaukee; WRGB, Schenectady; WDEL-TV,<br />

Wilmington, and WGAL-TV, Lancaster.<br />

A video transcription of the activities was<br />

shown the following day via Kinescope at the<br />

merchandising meeting at the 20th-Fox home<br />

office.<br />


Station WINS, with Martin Starr, commentator,<br />

covered the opening for the metropolitan<br />

area.<br />

Those irom out-oi-town invited to the screening<br />

included: Gerry Atkins, Warner Bros., Albany: Emil<br />

Bernstecker, Tennessee Theatres, Knoxville: Ollie<br />

Brooks, Butterfield circuit, Detroit: Lou Brown,<br />

Loew's Poli circuit, New Haven; Russ Brown, Hatn-<br />

Theatres, Portland, Ore-: Harry<br />

New England Theatres, Boston; Miss H.<br />

Fox Wisconsin, Milwaukee; Tom Cleary,<br />

Theatres, Montreal; Dorothy Day, Cen-<br />

States, Des Moines: Russ Eraser, Tri-fftates,<br />

Des Moines: Harry Freeman, Fox Theatre, Philadelphia;<br />

Charles Freeman, Cooper Theatres, Oklahoma<br />

City; Helen Garrity, Inter-Mountain, Salt Lake City:<br />

Vic Gauntlet, Hamrick-Evergreen, Seattle; Alice Gorham.<br />

United Detroit Theatres: Ken Hoel, Harris<br />

Amusement Co., Pittsburgh: Bernie Hynes, Denver<br />

Theatre, Denver: Bob Johnston, Fcmchon & Marco,<br />

St. Louis; Norman E. Kassel, Eseaness Theatres,<br />

Chicago; Senn Lawler, Fox Midwest, Kansas City;<br />

Paul Levi, American Theatres, Boston; Morris A.<br />

\ Mechanic, New Theatre, Baltimore.<br />

i<br />

Seymour Morris, Schine circuit, Gloversville; Seymour<br />

I j<br />

Peiser, Fox West Coast, Los Angeles; Howard<br />

I ) Pettingill, Florida State Theatres, Jacksonville; Tom<br />

I Read, Georgia Theatre Co., Atlanta; Fay Reeder.<br />

I Fox West Coast, San Frcmcisco; Roger E. Rice,<br />

Griffith Theatres, Oklahoma City: Emmet Rogers,<br />

j<br />

Tivoli Theatre, Chattanooga; Sonny Shepherd,<br />

Theatres, Miami; Bette Smith, Fox Theatre,<br />

Detroit: Harry Spiegel, Comenord Theatres,<br />

Scranton; FrcCnk Starz, Interstate circuit, Dallas;<br />

Charles Taylor, Great Lakes Theatre, Buffalo; E. E.<br />

Whittaker, Georgia Theatres, Atlanta; Dan Wilkinson,<br />

Neighborhood Theatres, Richmond.<br />

Kew Yorkers attending<br />

dud ad men. They were:<br />

included both circuit men<br />

Harry Mandel, RKO Theatres;<br />

Ernest Emerling, Loew's Theatres; Harry Goldberg,<br />

Warner Bros.: Edgar Goth, Fabian Theatres:<br />

Nick John Matsoukas, Skouras Theatres; Harold<br />

Rinzler, Randforce Amusement Co.; Emanuel Frisch,<br />

Randforce; Irwin Gold, Rcfndforce: Al Florsheimer,<br />

Walter Reade Theatres, and Isabelle Austin, Roxy<br />

Theatre.<br />

Field men of 20th-Fox present were: Eddie Yarbrough,<br />

San Francisco; Eddie Solomon, Chicago;<br />

Jimmy Gillespie, Dallas, and Sam Glctsier, Toronto.<br />


Variety Club Tent 11: A buffet meeting was<br />

held in the Willard hotel by the welfare<br />

awards committee to discuss the 1949 drive.<br />

Fred S. Kogod, chairman, and Wade Pearson<br />

and Morton Gerber, assistants, were in<br />

charge . Pruett, club steward, returned<br />

from his vacation, looking hale and hearty<br />

New associate members elected by the<br />

. . .<br />

board of governors include Norman G. Cohen.<br />

New Central Fuel Co.; Dr. Julius Epstein<br />

physician, and Philip Lustine, Lustine-Nicholson<br />

Motor Co. . D. Golden, chief<br />

of the motion picture photographic branch<br />

of the Department of Commerce who is attending<br />

conferences in Europe this summer,<br />

writes that he and his wife are having an<br />

enjoyable t.'me. They expect to return to<br />

Washington early in September.<br />

. . . "Angle"<br />

. . .<br />

. . .<br />

Warner Theatres short subject booker<br />

"Buster" Root is vacationing<br />

Ratto, Loew's Palace manager, is away<br />

Bernard Lust, Lust circuit, his wife and two<br />

sons are vacationing in Bridgeport, Conn.,<br />

home of Mrs. Lust's parents There was<br />

a small fire in the Tivoli Theatre, which<br />

necessitated closing the house for one night<br />

Lyric Theatre, Occoquan, Va., will<br />

close permanently August 1.<br />

The Ira Sichelmans, 20th Century-Fox, are<br />

entertaining Mrs. Jack Sichelman, Jesse<br />

Sichelman and son Allen at their cottage in<br />

Glenn Norris' secretary<br />

Ocean City, Md. . . .<br />

Mary Claspell is getting ready for her vacation.<br />

Husband Bill, who is with Clark Film,<br />

Eugenia Stevens is the<br />

will vacation also . . .<br />

new booker's clerk at 20th Century-Fox . . .<br />

Bookkeeper Anna Sknerski is vacationing . . .<br />

JVLi-. and Mrs. Joe Cohan have returned from<br />

a two-week vacation in Atlantic City.<br />

At Columbia, film inspectors Margaret<br />

Cain and Bessie Murdock are vacationing .<br />

You can tell that Sally Zeoli Myers is a<br />

newlywed. Husband Sammy accompanies her<br />

to the office every morning . . . Elsie Baldson<br />

will become a grandmother in September.<br />

Sindlinger & Co. Elects<br />

Officers and Directors<br />

PHILADELPHIA—Albert E.<br />

Sindlinger was<br />

elected president of Sindlinger & Co., Inc.,<br />

operators of Radox, at the annual meeting<br />

of stockholders July 19. Thomas M. Searles<br />

was named executive vice-president and<br />

treasurer and Robert Wolf was named secretary.<br />

Ralph A. Bard of Chicago was elected<br />

chairman of the board of directors and Paul<br />

Raibourn. Paramount vice-president, of New<br />

York, was named a member of the board.<br />

Others on the board are: Sindlinger, Searles,<br />

Wolf and Harold R. Reiss of Philadelphia:<br />

Henry Isham and Robert Betten of Chicago<br />

and Dr. Albert F. Murray of Washington.<br />

Sindlinger, Bard and Searles were elected to<br />

an executive committee and Sindlinger, Reiss<br />

and Dr. Murray were elected to the engineering<br />

committee.<br />

Plans for expediting the automatic operation<br />

for Radox were put into action at a<br />

recent board meet'ng and it is now possible<br />

for Radox to expand to other cities. The<br />

board also set up a radio-television industry<br />

advisory board of personalities in the radiotelevision<br />

field to advise on expansion plans<br />

and the use of Radox ratings.<br />


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BOXOFnCE<br />

:: July 30, 1949<br />


. . . Reissues<br />

. . Ernie<br />

Virginia Mayo and Michael O'Shea<br />

At Albany 'Jones Beach' Send-Off<br />

Virginia Kayo, star of "The Girl From Jones Beach," being received at the<br />

executive chamber in Albany by Gov. Thomas E. Dewey during a visit to the city<br />

for a personal appearance at the Strand in connection with the local premiere of<br />

the picture. Left to right: Michael O'Shea, film star, and Miss Mayo's husband;<br />

Miss Mayo; Governor Dewey and Charles A. Smakwitz, Warner Theatres zone manager.<br />

ALBANY—Praising motion pictures as "the<br />

finest moderate-priced entertainment in the<br />

country" Virginia Mayo spolce to fans over<br />

station WABY during a personal appearance<br />

here in connection with the premiere of "The<br />

Girl From Jones Beach."<br />

Miss Mayo and her husband Michael<br />

O'Shea appeared at the Strand for a one-day<br />

stand. Ttt'o performances were arranged by<br />

Charles A. Smakwitz, Warners zone manager,<br />

and Al LaFlamme, manager of the Strand,<br />

In order that the overflow crowd which gathered<br />

for the first show could be accommodated.<br />

O'Shea, speaking for both, expressed appreciation<br />

to the patrons and declared it was<br />

a "good thing for stars to get around the<br />

country and see the fans."<br />

As a part of her stage appearance. Miss<br />

Mayo presented prizes to queen Elsa Brill and<br />

her court of three, who reigned over a bathing<br />

beauty contest. The contestants had<br />

been chosen by audience applause the night<br />

before. ..<br />

ALBANY<br />

The new 600-seat theatre erected by Sam<br />

Rosenblatt in Catskill was to be opened<br />

July 29 with a dedicatory program in which<br />

civic officials were to participate . . . Al<br />

Suchnian, SRO assistant general sales manager,<br />

was a visitor . . . Mrs. Jack Goldberg,<br />

wife of the MGM branch manager, sustained<br />

a broken right wrist in a recent fall . . .<br />

Eddie Ruff, former Paramount branch manager<br />

here and now district head for Motion<br />

Picture Associates in Boston, visited friends<br />

here.<br />

. .<br />

The Rivoli at Schenectady has been sold<br />

by Jules Perlmutter to the Eddy brothers,<br />

new to the theatre business . Wolfe<br />

was reported to have planned reopening of<br />

the Avalon in Lowville in about ten days<br />

of "The Trail of the Lonesome<br />

Pine" and "Geronimo" were to be shown at<br />

the Grand . Arthur Treacher, film player,<br />

was a visitor here while on the way to<br />

While in the city, the stars attended a reception<br />

and accepted a key to the city at the<br />

city hall with Senator Peter J. Dalessandro<br />

presiding in the absence of Mayor Corning.<br />

During a meeting with Gov. Thomas E.<br />

Dewey in the executive chamber at the capitol,<br />

Miss Mayo and the governor discussed<br />

their appearances on the screen. Governor<br />

Dewey told the film star he "did not particularly<br />

like" his newsreel shots.<br />

The husband-and-wife screen team were<br />

provided with a marine corps of honor and<br />

two special automobiles during their stay<br />

here. They flew to New York following their<br />

appearance at the Strand.<br />

Among those attending the reception were<br />

Smakwitz, Jerry Atkin, Jim Faughnan, Joe<br />

Weinstem and Sylvia Closson of the Warners<br />

organization; George O. Williams, managing<br />

editor of the Times-Union; Clif Bradt,<br />

film critic for the Knickerbocker News; Edgar<br />

S. Van Olinda. critic on the Times-Union<br />

and representatives of stations WABY,<br />

WROR, WXKW, WGY and WRGB.<br />

Saratoga for a guest appearance in<br />

Spirit."<br />

•Blithe<br />

Leonard L. Rosenthal, film buying coun-<br />

. . The<br />

selor for Upstate Theatres, Inc., and his<br />

wife spent the weekend out of town .<br />

Warner club held an annual outing Wednesday<br />

1 27 1 at the Grand for officials of veteran<br />

and patriotic organizations, clergymen and<br />

newspaper and radio writers . . Jules Lapidus.<br />

.<br />

Warner eastern division manager, and<br />

Ed Henchey, circuit contact representative.<br />

were visitors here.<br />

New air conditioning equipment at Warners'<br />

Troy, installed at a cost of approximately<br />

Prank Wieting,<br />

$50,000, was in use . . . operator of the Park at Cobleskill. was a<br />

"The Red Shoes" was being<br />

Filmrow visitor . . .<br />

shown at the Congress in Saratoga at ad-<br />

Radio advertising is being<br />

vanced prices . . .<br />

used by the Fabian-Hellman circuit to exploit<br />

the Mohawk and Saratoga drive-in<br />

theatres.<br />

Anglo-U.S. Meeting<br />

Called 'Dead Issue'<br />

WASHINGTON—The Motion Picture Ass'rjj<br />

of America last week drove a few more nails 4<br />

into the coffin of the Anglo-American Film'<br />

Council. An announcement made simultanjj<br />

eously here and in London said that the twc;<br />

key features of the April agreement woul(<br />

not be put into effect, and that the nexi<br />

meeting of the council would again be post-1<br />

poned.<br />

1<br />

Neither announcement was particular!;'<br />

startling. They merely made official wha'<br />

had long been rumored and said "off the rec<br />

ord."<br />

The two features which will not be puf<br />

into effect are those guaranteeing that th

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Monogram to Convene<br />

In Chicago August 6<br />

HOLLYWOOD—Pioduction plans for 1949-<br />

50 will be revealed, and sales policies will<br />

be determined for the coming year at a<br />

meeting of Monogram's top executives, franchise<br />

holders and branch managers, set for<br />

August 6, 7 at the Drake hotel. Chicago.<br />

Attending from the west coast will be President<br />

Steve Broidy; Harold Mirisch. vicepresident:<br />

Harold Wirthwein, western sales<br />

manager: Howard Stubbins and Mel Hulling,<br />

west coast franchise holders: and L. E. Goldhammer,<br />

eastern sales manager, who will be<br />

in Hollywood for huddles with Broidy prior<br />

to the meeting.<br />

Attending from New York will be Edward<br />

Morey, vice-president: M. R. Goldstein, general<br />

sales manager, and Lloyd Lind, supervisor<br />

of exchanges. J. A. Prichard, southwest<br />

division manager headquartered in Dallas,<br />

and Sol Francis, midwest sales manager<br />

from Des Moines, will also be on hand, as<br />

will franchise holders including Arthur C.<br />

Brombei-g, Atlanta: William Hurlbut, Detroit:<br />

Herman Rifkin, Boston: Harry Berkson,<br />

Buffalo; Charles W. Trampe, Milwaukee:<br />

Irving Mandel, Chicago: Ben Williams,<br />

Pittsburgh: Nate Schultz, Cleveland, and<br />

George West, Cincinnati.<br />

In addition, branch managers of all the<br />

31 Monogram exchanges in the U.S. will be<br />

in attendance.<br />

Chilean Wins Rank Drive<br />

By U-I in So. America<br />

NEW<br />

YORK — Universal-International's<br />

Chile office, managed by Raul Viancos, has<br />

won the recently ended Latin American drive,<br />

according to Joseph H. Seidelman, head of<br />

foreign operations. Viancos will leave soon<br />

for London where he will be the guest of the<br />

J. Ai-thur Rank Organization. The drive began<br />

January 1 and ended June 30. It was<br />

confined to Rank product. Among the pictures<br />

included were: "Bad Sisters," "The<br />

Brothers," "Corridor of Mirrors," and "Hamlet."<br />

Three September Meetings<br />

Scheduled by Republic<br />

NEW YORK—Three Republic sales meetings<br />

have been scheduled for September by<br />

James R. Grainger, executive vice-president<br />

of Republic Pictures. The first will be<br />

Wednesday and Thursday, September 7, 8,<br />

at the North Hollywood studio. The second<br />

will be at the Blackstone hotel, Chicago, and<br />

the third in New York, The dates have not<br />

been set. Herbert J. Yates, president, will<br />

speak at all three meetings. Branch managers<br />

and home office executives will attend.<br />

Four Early DeMille Films<br />

Sought for Cannes Event<br />

PARIS—The committee in charge of the<br />

annual film festival at Cannes has asked<br />

Cecil B. DeMille for permission to screen<br />

four of his early productions. The pictures<br />

selected are: "The Squaw Man," made in<br />

1913 as DeMille's first film: "The Cheat,"<br />

produced in 1915: "Male and Female," made<br />

in 1919, and "The Ten Commandments,"<br />

made in 1923.<br />

NBC Takes Over Belasco;<br />

Makes 11 Radio-TV Spots<br />

NEW YORK—The Shuberts, owners of<br />

the<br />

Belasco Tlieatre, long established as a legitimate<br />

theatre, have leased the house to the<br />

National Broadcasting Co. for the broadcasting<br />

of radio programs for the next three<br />

years. This makes the seventh former legitimate<br />

house currently leased for radio shows,<br />

the others being the Avon, Longacre, and<br />

R,itz, in the west 40s, and the Guild and Hammerstein,<br />

in the 50s.<br />

Michael Myerberg, owner of the Mansfield<br />

Theatre on west 47th street, is negotiating with<br />

\VPIX, the Daily News television station,<br />

for the lease of the house for television<br />

broadcasts. Four other former legitimate<br />

theatres now being used by television interests<br />

are: the Adelphi, now known as the<br />

DuMont Television Playhouse: the International,<br />

the Playhouse and the Maxine Elliott.<br />

However, all of these, except the Playhouse<br />

on west 48th street, are outside the T.mes<br />

Square district.<br />

With the closing of the Belasco Theatre<br />

deal, only 29 theatres are still available for<br />

legitimate play bookings, compared to close<br />

to 60 playing legitimate in the late 1920s.<br />

All the former legitimate theatres directly<br />

facing Times Square, except the Empire,<br />

Broadway and Winter Garden, are now first<br />

run film houses. However, the latter two reverted<br />

to legitimate plays last year after<br />

several years as first run film theatres.<br />

Sees Ultra Short Waves<br />

For TV Two Years Away<br />

NEW YORK—Ultra-high frequency use for<br />

television is still three years away, declared<br />

William Balderston, president of Philco, at<br />

a dealers convention in the Waldorf-Astoria<br />

early last week. Hearings on the desirability<br />

of assigning channels for this type of service<br />

have been called dui-ing August by the Federal<br />

Communications commission.<br />

Balderston said the ultra-high frequencies<br />

would provide the only way in which some<br />

small communities can get television service.<br />

He advocated a requii-ement by the FCC,<br />

so that when color television comes in it will<br />

have a gadget for use on the 2,000,000 present<br />

receivers which will permit these receivers<br />

to receive the color pictures in black and<br />

white.<br />

Two Venezuelan Players<br />

To Get Trips to U.S.<br />

NEW YORK — Two Venezuelan<br />

amateur<br />

baseball players will get a chance to visit the<br />

United States, meet President Truman,<br />

Jackie Robinson and other members of the<br />

Brooklyn Dodgers, through a benefit premiere<br />

of MGM's "The Stratton Story" at the<br />

Avila Theatre, Caracas, Venezuela.<br />

The showing is sponsored by the U.S. Embassy<br />

and the North American Ass'n of<br />

Venezuela and the proceeds will be donated<br />

to bettering international relations through<br />

sports.<br />

O'Connell in Venezuela<br />

NEW YORK—Richard F. O'Connell has<br />

succeeded Moe Rotman as manager in Venezuela,<br />

according to George Weltner, president<br />

of Paramount International Films. Robert<br />

L. Graham, assistant to division manager<br />

A. L. Pratchett, is in Caracas handling the<br />

change in personnel.<br />

Lining Up Program<br />

For SMPE Session<br />

NEW YORK—Many well-known leaders in<br />

the technical and scientific branches of the<br />

industry will take part in the program of the<br />

66th semiannual convention of the Society<br />

of Motion Picture Engineers to be held at<br />

the Hollywood-Roosevelt hotel, Hollywood,<br />

October 10, according to William C. Kunzmann,<br />

convention vice-president.<br />

S. P. Solow, chairman of the Pacific Coast<br />

section, is in charge of local arrangements.<br />

Watson Jones is chairman of the hotel housing<br />

and reservations committee, and Herbert<br />

Griffin is in charge of transportation.<br />

N. L. Simmons, chairman of the papers<br />

committee, has requested all authors planning<br />

to present papers that their titles and abstracts<br />

should be in the hands of Lorin Grignon,<br />

vice-chairman of the papers committee,<br />

by August 15, if they are to be included in<br />

the convention program.<br />

Authors' forms are available from N. L.<br />

Simmons, 6706 Santa Monica Blvd., Hollywood:<br />

Grignon, 20th Century -Fox, Beverly<br />

Hills; J. E. Aiken, 116 North Galveston St„<br />

Arlington, Va.: E. S. Seeley, Altec Service<br />

Corp., 161 Sixth Ave., New York: R. T. Van<br />

Niman, 4501 Washington Blvd., Chicago, and<br />

H. S. Walker, 1620 Notre Dame St., W., Montreal.<br />

Other chairmen of the convention are:<br />

Harold D. Desfors, publicity: C. W. Handley,<br />

registration and information: J. P. Livadary,<br />

luncheon and banquet; Lee Jones, membership<br />

and subscriptions: Mrs. Peter Mole,<br />

ladies reception committee; Lloyd T. Goldsmith,<br />

public address system; R. H. McCullough,<br />

35nun projection, and H. W. Remer'<br />

scheid, 16mm projection.<br />

Business Bad in Far East,<br />

Says Eastman Kodak Man<br />

NEW YORK—Market conditions in the<br />

Far East are not satisfactory, says G. A. R.<br />

Mergard, manager for Eastman Kodak at<br />

Singapore, who is*>now in the United States.<br />

"Singapore and Malaya have been in a<br />

state of emergency for the past 11 months,"<br />

he says. "Food rationing is still in effect.<br />

Items such as butter, fats and sugar are<br />

scarce. The official rice allocation for<br />

Asiatics is well below actual requirements,<br />

necessitating purchases of black market rice<br />

for daily consumption.<br />

"The market for photographic supplies is<br />

hindered by a lack of U.S. dollars, as in;<br />

many other countries. This makes it prac-i<br />

tically impossible for Orientals to buy the^<br />

more expensive types of equipment."<br />

!<br />

Japs Learn Democracy<br />

From American Pictures<br />

NEW YORK—Democracy in Japan is being<br />

fostered by American films, state!<br />

Makoto Hori, member of the Japanese house<br />

of councillors, in a letter to Gen. Douglas<br />

MacArthur.<br />

"American motion pictures," the lettei<br />

states, "are proving an important social force<br />

in edifying the Japanese nation. By presenting<br />

aspects of American democracy iT.<br />

a way we can all understand, these films are<br />

giving our people a better understanding ol<br />

America and an insight into the better way 01<br />

life in a democratic society."<br />

54 BOXOFHCE :<br />

: July 30. 194£l


(Hollywood Office—Suite 2iy at 6404 Hollywood Blvd.: Ivan Spear, Western Manager<br />

)U<br />

IM<br />

nioiii<br />

!<br />

i<br />

SWG Approves Setup<br />

Of League TV Group<br />

HOLLYWOOD — A television formula<br />

reached in New York by the Authors' League<br />

to handle all writers' problems in the new<br />

field has been described by the Screen Writers<br />

Guild as being "eminently satisfactory."<br />

The SWG's representatives, Oliver H. P.<br />

Garrett, Valentine Davies and Ernest Pas-<br />

. cal, returned from a two-day Manhattan<br />

conference with spokesmen for other crafts<br />

under the Authors' League aegis and reported<br />

they had been completely successful in gaining<br />

acceptance of the SWG's demands for<br />

the formation of a TV committee by the<br />

league.<br />

Of 26 committee members, split between<br />

the east and west coasts, the SWG will furnish<br />

eight—seven for the west, one for the<br />

east. The new video committee first will<br />

concern itself with the question of minimum<br />

wages in the TV field and then will open<br />

bargaining negotiations with employers.<br />

* « *<br />

A new series of 39 video shorts will be<br />

launched by Henry B. Donovan, president of<br />

Telemount Pictures, upon his return from<br />

an eastern trip, where he will confer with<br />

local and regional sponsors for 13 productions<br />

which have already been completed in<br />

the "Magic Lady and Boko" series. Donovan<br />

has established the Telemount Music Publishing<br />

Co. as an adjunct to his television<br />

organization and is now in the process of<br />

turning out 13 songs for use in future films.<br />

* * »<br />

Here to compare west and east coast production<br />

techniques in the video and industrial<br />

film field is Maurice Masters of the Master<br />

Motion Picture Co. of Boston. He produces<br />

educational, industrial and TV subjects In<br />

New England.<br />

* *<br />

LeRoy Prinz, veteran film dance director,<br />

will plunge into TV production this fall<br />

when, in association with Louis Lewyn, he<br />

will turn out a series of 30-minute programs,<br />

"Spotlight Parade," to star Jerry Colonna<br />

and Robert Alda. A live show at its point<br />

of origination, Station KLAC-TV, "Parade"<br />

will be "cinemascoped" on film for use on<br />

other video outlets. The "cinemascope" device<br />

has been developed by KLAC-TV and is<br />

claimed by the station to be an improvement<br />

over standard kinescoping processes.<br />

Housman Returns to RKO<br />

HOLLYWOOD—Producer John Housman<br />

has returned to RKO to begin preparation<br />

on a new starring vehicle for Cary Grant,<br />

an untitled original scheduled for an autumn<br />

start.<br />

SIGNED AND SEALED — President<br />

Malcolm Kingsberg of RKO Theatres<br />

made a flying trip to Los Angeles to affix<br />

his signature to the final papers transferring<br />

control of the Pantages Theatre,<br />

first run Hollywood boulevard showcase,<br />

to the RKO circuit. Waiting to add his<br />

signature to the deal is Rodney Pantages,<br />

who had been managing director<br />

of the property. For many years the<br />

Pantages had been operated as a daydate<br />

partner with RKO's Hillstreet in<br />

downtown Los Angeles under a pooling<br />

arrangement with the Pantages family.<br />

That day-date arrangement will be maintained.<br />

SPG to Bolster Fund<br />

With Radio Program<br />

HOLLYWOOD—As a means of swelling its<br />

welfare fund, the Screen F>ublicists Guild is<br />

packaging a radio show, Hollywood Star-<br />

Makers, to be written, directed and produced<br />

by the film drumbeaters for possible network<br />

sponsorship. Carl Post has been named<br />

chairman of a committee handling the venture,<br />

with Jane Lait and Bob Rains, aides.<br />

Meantime those publicists favoring affiliation<br />

with the lATSE unloosed another broadsde<br />

against the independent SPG, blasting<br />

what it terms "machine" rule by Milton Gottlieb,<br />

the SPG business manager, and accusing<br />

Gottlieb of promoting "subversive ideologies"<br />

within the organization. A National Labor<br />

Relations Board election to determine jurisdiction<br />

over studio publicists is impending.<br />

Goldwyn Signs Lew Kemer<br />

HOLLYWOOD — Samuel Goldwyn has<br />

signed Lew Kerner as executive talent director.<br />

Kemer checks into the post immediately.<br />

Kansas City Opening<br />

Aided by Film Stars<br />

HOLLYWOOD—Headed by Jane Russell,<br />

a group of Hollywood film personalities assisted<br />

in ceremonies opening the new $500,-<br />

000 RKO Missouri Theatre in Kansas City<br />

July 26, with the premiere of "She Wore a<br />

Yellow Ribbon," the John Ford-Merian C.<br />

Cooper Technicolor presentation distributed<br />

by RKO. Others taking part in the opening<br />

included Ben Johnson, Harry Carey jr.,<br />

George O'Brien. Gordon MacRae and Alan<br />

Hale. "She Wore a Yellow Ribbon," which<br />

stars John Wayne, Joane Dru, John Agar,<br />

Johnson and Carey, will not go into general<br />

distribution until October.<br />

Pursuing a new policy of holding sneak<br />

previews outside Hollywood MGM held a<br />

surprise showing of "Battleground" at Loew's<br />

72nd Street Theatre in New York City, the<br />

first time in more than a decade that the<br />

studio has flown a work print of any forthcoming<br />

release for a New York sneak. The<br />

event marked the turnout of the company's<br />

top executives, including Nicholas M.<br />

Schenck, president of Loew's, Inc.; Louis B.<br />

Mayer, and sales head William F. Rodgers.<br />

* * *<br />

A triple world premiere of U-I's "Johnny<br />

Stool Pigeon," which stars Howard Duff,<br />

Shelley Winters and Dan Duryea, was set<br />

for July 27 in San FYancisco, Vancouver and<br />

Tucson, the three cities in which the actual<br />

filming of the picture was done. Immediately<br />

following the triple premiere, the<br />

entire state of Arizona will be blanketed with<br />

the picture, which already has been set to<br />

open in 44 of the 48 first run theatres in the<br />

state.<br />

Charles Skouras Named<br />

Community Chest Chief<br />

HOLLYWOOD—Exhibition, production, film<br />

labor and radio executives are among those<br />

appointed to the Community Chest public<br />

relations committee for the upcoming Chest<br />

campaign.<br />

Chairman of the group is Charles P.<br />

Skouras, president of National Theatres and<br />

Fox West Coast, with Thornton Sargent, NT<br />

public relations chief, serving as his assistant.<br />

Others named to the committee:<br />

Actor Edward Arnold, president of the motion<br />

picture industry's permanent charities<br />

committee: Dick Dickson, southern California<br />

dstrict manager for FWC; free-lance publicist<br />

Margaret Ettinger: Y. Frank Freeman,<br />

Paramount vice-president: Ray Leheney,<br />

teamsters' union, and Nelson Mclninch and<br />

Lewis Allen Weiss, radio executives.<br />

,.<br />

jjl,3lll# BOXOFFICE :: July 30, 1949<br />


which<br />


Barnstormers<br />

Metro<br />

LASSIE, canine star ol the recently completed<br />

"Challenge to Lassie," left with Trainer Rudd<br />

Weatherwdx lor a two-week appearance at the<br />

Oriental Theatre, Chicago, which began July l\.<br />

Monogram<br />

PEGGY RYAN and RAY McDONALD, upon completion<br />

ol their current vehicle, "Tliere s a Girl<br />

in My Heart," leave ior England lor a three-weeic<br />

engagement at London's Palladium, beginning August<br />

29.<br />

Paramount<br />

BOB HOPE was guest of honor at Minneapolis'<br />

annual Aquatennial, water lestival, July 22 through<br />

July 31.<br />

Blurbers<br />

Independent<br />

Franklin Productions have set Mike Newman &<br />

Associates advertising agency, to prepare the national<br />

advertising campaign ior its Lila Leeds starrer<br />

dealing wi'.h the marijuana racket, "Wild Weed.<br />

Newman is currently in Chicago supervising the<br />

world premiere ol the picture at the Rialto Theatre,<br />

where Miss Leeds will make a personal appearance.<br />

Republic<br />

Here lor a two-week stay is EVELYN KOLEMAN,<br />

home ollice publicity manager.<br />

'<br />

Universal-International<br />

"<br />

DAVID A. LIPTON. national advertising-publicity<br />

director, is confined to his home with a serious<br />

ailment.<br />

Briefies<br />

Columbia<br />

Third short on Producer Hugh McCollum's 1949-50<br />

calendar will be a Hugh Herbert two-reeler, to be<br />

directed by Del Lord Irom a script by Elwood UUman.<br />

Al-o cast were Dudley Dickerson, Vernon<br />

Dent, Phil Van Zandt and Paul Bryar.<br />

Metro<br />

Dave Barclay and Jimmie Gruen have scripted<br />

"Fixin' Fool," new Pete Smith Specialty lor the<br />

1949-50 program. Dave O'Brien will be featured in<br />

the short, which concerns home-lixing amateurs.<br />

Universal-International<br />

Signed lor a musical lealurette were Woody Herman<br />

and his orchestra.<br />

Cleffers<br />

Metro<br />

MIKLOS ROZSA was set as musical director for<br />

"Adam's Rib "<br />

Monogram<br />

Producer Lindsley Parsons signed EDDIE KAY to<br />

score "Black Midnighl," which Oscar Boetticher<br />

directed.<br />

United Artists<br />

FRANZ WAXMAN was signed to write and direct<br />

the musical score for R. W. Alcorn's production,<br />

"Johnny Holiday."<br />

Producer Colin Miller signed WERNER HEYMANN<br />

to write the musical score for "A Kiss for Corliss."<br />

RUDY POLK will supervise and PAUL SAWTELL<br />

conduct the score of the film, which Richard Wallace<br />

directed.<br />

Loanouts<br />

Meggers<br />

Metro<br />

MARK STEVENS, on loan from 20lh Century-Fox,<br />

replaces Van Johnson as the male lead in Producer<br />

Vol Lewton's "Please Believe Me." Johnson was<br />

withdrawn to star with Elizabeth Taylor in "The<br />

Big Hangover."<br />

Columbia<br />

Producer Armand Schoefer signed JOHN ENGLISH<br />

to direct Gene Autry's next picture, "Beyond the<br />

Purple Hills."<br />

Independent<br />

FRED ZINNEMAN has been signed to direct Roberts<br />

Productions' John Garfield starrer. ""The Italian<br />

Story," yarn concerning the career of composerconductor<br />

Guido Cantelli.<br />

Metro<br />

""Visa," a Cyril Hume original about illegal immigration,<br />

will be megged by JOHN BERRY lor Producer<br />

Sam Marx.<br />

56<br />

COMPTON BENNETT was assigned to direct "King<br />

Solomon's Mines" for Producer Sam Zimbalist.<br />

Monogram<br />

Producer Louis Gray sig.ied OLIVER DRAKE to<br />

meg the Jimmy Wakely starrer, "Lawless Code."<br />

Paramount<br />

WILLIAM WYLER will produce and direct "Detective<br />

Story," filmizalion of Sidney Kingsley s<br />

Broadway hit.<br />

"Eagles of the Navy," Alan Ladd cmd William<br />

Bendix topliner to be produced by Robert Fellows,<br />

will be directed by JOHN FARROW.<br />

RKO Radio<br />

Assigned to meg the Ann Sheridan vehicle. "Carriage<br />

Entrance," for Producer Polan Banks was<br />


Assigned by Producer Sid Rogell to meg "Gravesend<br />


Signed to direct the next Tim Hoh starrer, "Range<br />

War," was LESTLEY SELANDER.<br />

Republic<br />

PAUL MALVERN has checked in on a one-picture<br />

deal to produce "Rock Island Trail, western to be<br />

"<br />

directed by Joe Kane.<br />

Screen Guild<br />

PAUL LANDERS will handle the director's chore<br />

"<br />

on "Square Dance Jubilee, to be produced by<br />

Ron Ormond.<br />

Options<br />

Columbia<br />

MARY JANE SAUNDERS was signed to<br />

play Rosalind<br />

Russell's adopted daughter in "Woman of Distinction."<br />

CHARLES WINNINGER joins William Holden and<br />

Barbara Hale as one of the principals in "A Mother<br />

for May," to be directed by Norman Foster for<br />

Producer S. Sylvan Simon.<br />

DIANA LYNN will play the femme lead opposite<br />

John Derek in "Swords of Sherwood Forest." GIG<br />

YOUNG joins topliners Derek and George Macready.<br />

Independent<br />

Ida Lupino and Collier Young signed KEEFE<br />

BRASSELLE for a lead in Emerald Productions<br />

"Never Fear."<br />

Metro<br />


assigned starring roles in "Grounds for Marriage,<br />

to be produced by Som Marx.<br />

Signed for the cast of "Key to the City" were<br />




^^\^<br />

Clark<br />

"S.'eedograph," popularly used by Hollywood<br />

lensmen in the late 'teens, is one<br />

of the historical items in the museum<br />

collection of early motion picture equipment<br />

rounded up by the Academy of<br />

Motion Picture Arts and Sciences. The<br />

curio is inspected by Margaret Herrick<br />

(left), the Academy's executive secretary,<br />

and Sol Dolgin, who presented the camera<br />

to the Academy, at the recent unveiling<br />

of the museum collection.<br />

Monogram<br />

C<br />


and KENNE DUNCAN were cast in "Lawless Code,"<br />

Jimmy Wakely starrer to be produced by Louis<br />

Gray and directed by Oliver Drake. Set for the<br />

femme lead opposite Wakely was ELLEN HALL.<br />

Included in the cost of the Peggy Ryan and<br />

Gloria Jean starrer, "There's a Girl in My Heart,"<br />




Next starring vehicle for WHIP WILSON with<br />

ANDY CLYDE will be "Riders of the Dusk."<br />

Actor DICK FOOTE had his contract renewed.<br />

Paramount<br />

CHESTER CONKLIN, one of the original Keystone<br />

Kops. was cast in the Bob Hope-Lucille Ball starrer,<br />

"Where Men Are Men," under the direction of<br />

George Marshall for Producer Robert Welch. Also<br />

pacted for the film was EDGAR DEARING. Added<br />

to the cast was HOWARD MITCHELL.<br />

DENNIS O'KEEFE was signed for the lead in<br />

Pine and Thomas' "The Eagle and the Hawk."<br />

Inked for a key role in the Barbara Stanwyck<br />

and John Lund topliner, "The Lie," was RICHARD<br />

DENNING. Added to the cast were ESTHER HOW-<br />

ARD and RAY WALKER. Mitchell Leisen is directing.<br />

Actor CHARLES DAYTON was given a new longterm<br />

contract.<br />

RKO Radio<br />

Assigned to a top role in Producer-Director Don<br />

Hartman's "Christmas Gift" was GORDON GEBERT.<br />

The 7-year-old actor will play Janet Leigh's son.<br />

IRVING BACON and FRANK ARNOLD are additions<br />

to the cast of "Bed of Roses."<br />

Set to play the femme lead opposite Tim Holt<br />

in "Range War" was NOREEN NASH.<br />

ROBERT MITCHUM and Jane Russell will star in<br />

'"Shanghai Incident," original story by Warren Duff,<br />

who will also produce.<br />

Producer Samuel Goldwyn booked BILLY LORD,<br />

SAM ASH and JAY ADLER for roles in "My Foolish<br />

"<br />

Heart, Mark Robson directs. JERRY PARIS.<br />

BOB STRONG and TOM GIBSON are additions to the<br />

cast.<br />

Screen Guild<br />

Additions to the "Apache Chief" cast are FUZZY<br />


DON BARRY and MARY BETH HUGHES will star<br />

in the Ron Ormond production, ""Square Dance<br />

Jubilee." Set for featured roles in the film, to be<br />

direc'ed by Paul Landres, were WALLY VERNON,<br />


PAS, radio star of the Grand Ole Op'ry program,<br />

was signed.<br />

20th Century-Fox<br />

JOHN GARFIELD will star in "The Big Fall,;' Casey<br />

Robinson production to be directed by Jean Negulesco.<br />

Set to star in "Two Quarters East," to be pro- I<br />

duced in Germany by William Perlberg, was MONT-<br />


United Artists<br />

Producer Philip Krasne signed ANNE SAVAGE and<br />

|<br />

CLAIRE CLAIRMONT lor roles in "Satan's Cradle,"<br />

Cisco Kid" film being" directed by Ford Beebe.<br />

Universal-International<br />


inked for roles in Producer Robert Arthur's Yvonne<br />

DeCarlo starrer, "Buccaneer's Girl." Frederick De-<br />

Cordova directs.<br />

Signed for a leading character role in "The Story<br />

of Molly X" was ISABEL JEWELL. Signed for parts<br />

were ANN MORRISON and HAL MARCH. Crane<br />

Wilbur directs the Aaron Rosenberg production.<br />


RIEBE were set for supporting roles in Producer<br />

Robert Buckner's ""Free for All."<br />

Option was lifted on actress PEGGY DOW.<br />

Warners<br />

Dancer GENE NELSON will have a top featured<br />

role in ""The Daughter of Rosie O'Grady."<br />

DEAN REISNER, screen writer and short subjects<br />

director, turns actor for a role in "Young Man With<br />

a Horn." Cast in the film was TOMMY WALKER.<br />

Michael Curtiz directs for Producer Jerry Wald.<br />

Burlesque queen ARABELLA ANDRE was cast in<br />

the Milton Berle starrer, "Always Leave Them Laughing,"<br />

a Jerry Wald production.<br />

Scripters<br />

Metro<br />

Assigned to screenplay the Clark Gable vehicle<br />

"To Please a Lady," was ROBERT PIROSH. Clarence<br />

Brown will produce<br />

Monogram<br />

Producer Jelfrey Bernerd inked SCOTT DARLING<br />

to do the original screenplay on an untitled racetrack<br />

drama, formerly known as ""The Tipster."<br />

LAMBERT HILLYER was signed to direct "Riders Its,<br />

in the Dust," western to star Whip Wilson.<br />

RKO Radio<br />

CHARLES BENNETT was inked to script "A White<br />


:: July 30, 1949

'<br />

I<br />

^^ta<br />

,<br />

era,<br />

; Tim<br />

:<br />

HUNT,<br />

'<br />

' In<br />

1«<br />

=*^r :»!..<br />

t !ttW »r y m<br />

kild<br />

irj-Fox<br />

.a tj !% Cs><br />

incM by \m S^<br />

^itisls<br />

ll«S<br />

Rose of Julia" trom the Leo Rosten novel.<br />

Universal-International<br />

FANYA LAWRENCE checked in lo do the screen<br />

treatment of her own original yarn, "Occupation,<br />

Housewife."<br />

Story Buys<br />

Independent<br />

Producer-Director Maxwell Shane acquired rights<br />

to "The Hickory Stick," bast-seller by Proiessor<br />

Virgil Scott ot Michigan State college. Yarn, an<br />

indictment of small town school systems and the<br />

shabby trealment given teachers, will be produced<br />

independently.<br />

Gary Cooper has sold his screen rights to "The<br />

Girl on the Via Flaminia," novel by Alfred Hayes,<br />

to Leland Hayward and Anatol Litvok. Irwin Shaw<br />

is screenplaying the film, which will star Montgomery<br />

Clift.<br />

Metro<br />

Acquired for production was "The Big Hangover,"<br />

original screenplay by Norman Krasna. who<br />

will also direct. Van Johnson and Elizabeth Taylor<br />

will star.<br />

"The Big Ape," original yarn by Ladislas Fodor,<br />

was acquired as a starring vehicle for Lano Turner,<br />

Robert Taylor and Van Johnson.<br />

Paramount<br />

Acquired for production by Hal Wallis was "That's<br />

My Boy," by Maty Ellen Baylinson, in which Dean<br />

Martin and Jerry Lewis are slated to star.<br />

Warners<br />

"Bimini Run," forthcoming novel by Howard Hunt,<br />

was purchased for production by Joy Dratler on the<br />

studio's 1949-50 program.<br />

Technically<br />

Metro<br />

E<br />

'I PAUL YOGEL will lens "The Knife," with AL<br />

SHENBERG set as unit manager and AL lENNINGS<br />

i OS assistant to Director Richard Thorpe.<br />

Monogram<br />

I<br />

-11 Staff assignments on "Lawless Code" include<br />

' EDDIE DAVIS, assistant; HARRY NEUMANN, cam-<br />

JOHN KEAN, sound, and JOHNNY FULLER,<br />

cutter.<br />

Lj<br />

RKO Radio<br />

1^<br />

Crew assignments on Producer Herman Schlom's<br />

"I<br />

Holt starrer, "Range War," include J. ROY<br />

cameramcm; JOHN CASS, sound; FIELD GREY.<br />

associate art director, and JOHN POMMER, assistant<br />

director.<br />

Camera assignment on Producer Sol Lesser 's<br />

"Tarzan and the Slave Girl" goes to RUSSELL<br />

HARLAN.<br />

20th Century-Fox<br />

Designed RENE HUBERT was assigned the costume<br />

chores for the Anne Baxter-Dan Dailey storrfir,<br />

"A Ticket to Tomahawk.<br />

addition, she<br />

will work on "Turned Up Toes" and "Warpaint."<br />

Universal-International<br />

Chief cinematographer spot on the Maureen<br />

O'Hara-Macdonald Carey topliner, "The Bowie<br />

Story," will be filled by MAURY GERTSMAN.<br />

i-George Sherman directs for Producer Leonard Gold-<br />

Stein.<br />

Title Changes<br />

Monogram<br />

LAWLESS CODE is the new tag on the Jimmy<br />

Wakely starrer formerly entitled "Melody Roundup."<br />

Republic<br />

THE KID FROM CLEVELAND is the findl title for<br />

the Herbert Kline production formerly tagged "The<br />

Cleveland Story."<br />

20th<br />

Century-Fox<br />

New title for "Quartered City," to be produced<br />

in Germany by William Perlbera, is TWO CORRI-<br />

DORS EAST.<br />

United Artists<br />

Producer Phil Krasne set SATAN'S CRADLE as the<br />

new title for the Cisco Kid film formerFy tabbed<br />

"Robin Hood of Sin City."<br />

Teamsters File Pay Suit<br />

For 'Red River' Work<br />

HOLLYWOOD—To the problems stemming<br />

from production on location away from the<br />

film capital was added another In the form<br />

!0f a lawsuit when a superior court action<br />

was filed on behalf of a group of Arizona<br />

teamsters and wranglers against Howard<br />

Hawks, Charles K. Feldman, Actor John<br />

Wayne and Monterey Productions, all coniJiected<br />

with the making of "Red River" for<br />

tJnlted Artists release.<br />

THERE<br />

are both a danger signal and a<br />

manifestation of Hollywood's chickens<br />

coming home to roost in a recent action<br />

taken by American Legionnaires of California's<br />

17th district.<br />

Unanimously passed at a meeting of that<br />

Legion district was a resolution condemning<br />

the employment of known Communists "or<br />

members of fellow-traveler organizations" by<br />

the motion picture companies, and favoring<br />

a boycott by Legionnaires and theii- families<br />

of "any futm-e motion pictures including such<br />

persons that are made after the notification<br />

..." This resolution is slated to be presented<br />

at the Legion's state convention in<br />

Long Beach next month and, if approved<br />

there, will be forwarded to the national convention<br />

in Philadelphia.<br />

The Legionnaires' perturbance over Communists<br />

in the film industry very obviously<br />

can be traced to several causes. In the first<br />

place, for too many years there has been far<br />

too much public mud-tossing between Hollywood<br />

groups of opposing political and sociological<br />

persuasions. The rightists always<br />

have been too loud and too eager to shout<br />

and usually in paid advertising space<br />

"Communist" at the leftists, while the latter<br />

group has been equally guilty of unnecessary<br />

dirty-linen-in-public demonstrations by<br />

accusing their hecklers of being "Fascists."<br />

It was that initial and often childish teacup<br />

tempest over ideologies in Cinemania which<br />

first focused attention on the always overrated<br />

possibility of widespread Communistic<br />

leanings in the film center.<br />

Then came the investigation by Rep. J.<br />

Parnell Thomas' house committee on un-<br />

American activities and the hysterical and<br />

probably expensive intra-industry action<br />

which it engendered, highlight of which was<br />

the suspension from pay roUs and/or the<br />

right to work of members of the so-called<br />

"unfriendly 10," and the resultant multimillion<br />

doUar lawsuits against many of the<br />

trade's most prominent companies and executives.<br />

Parenthetically, it still has not been<br />

definitely determined whether or not any or<br />

all of the "unfriendly 10" are or are not<br />

members of the Communist party.<br />

Most recent—and probably most ridiculous—development<br />

in the Commmiism-in-<br />

Hollywood was double-edged and unnecessarily<br />

smeared a number of innocent people.<br />

That dual barrage, aimed at many top film<br />

personalities and accusing them of being<br />

Communists or fellow-travelers, stemmed<br />

from both the nation's capital, Washington,<br />

and the California state capital, Sacramento.<br />

During the recent espionage trial of Judith<br />

Coplon, former state department employe,<br />

an FBI report was read into the court records<br />

bringing Communist charges against a<br />

number of screen personalities, while simultaneously<br />

from Sacramento came a report<br />

on the findings of the state's senate's un-<br />

American activities committee, piloted by<br />

Senator Jack B. Tenney, which also listed a<br />

number of motion picture folk a, being<br />

"within the various Stalinist orbits." There<br />

•3 ro need, at this point, again to cite the<br />

many such cinema celebrities so accused<br />

suffice it to say that more than two dozen<br />

upper-bracket names were included.<br />

The local repercussions from those two<br />

developments were immediate. Many of the<br />

HoUywoodians so indicted came forward with<br />

indignant and strongly-worded statements,<br />

stoutly denying they were or ever had been<br />

members of the Communist party or had<br />

had any dealings which in any way could be<br />

construed as identifying them as fellowtxavelers.<br />

So, unavoidably posed, is the question as<br />

to what pictures worked in or on by what<br />

people will the Legionnaires boycott? The<br />

filmmakers have already adhered to the exservicemen's<br />

demands as concerns the "unfriendly<br />

10." And if the vicious practice of<br />

boycott is applied toward pictures utilizing<br />

the talents or services of the many others<br />

whose names have been dragged into the<br />

mad melee of suspicions and accusations,<br />

there's no estimating how much the industry<br />

and many of its loyal-American workers can<br />

be damaged.<br />

Already overburdened w.th regional censorship<br />

and prejudices, the industry can ill<br />

afford moves toward—or even talk of—boycotts,<br />

most especially the possibility of boycotts<br />

predicated upon such flimsy premises<br />

as to who in Hollywood is or is not Communistic;<br />

possibilities which easily could<br />

spread thi-oughout the nation and become<br />

powerful instruments of destruction in the<br />

hands of over-zealous, unthinking patriots<br />

or calculating bigots.<br />

How many more of such danger signals<br />

must be hoisted before motion picture people<br />

awaken to a realization that their very<br />

existence depends upon immediate elimination<br />

of the.r propensity toward inviting the<br />

public to be ringside spectators at family<br />

quarrels: before they learn that their salvation<br />

lies in presenting a sohd, unified front<br />

to the rest of the nation and world?<br />

Straining for a crumb, Paramount's praisers<br />

inform that "Typecasting became a literal<br />

fact in the case of Joe Wong, Chinese actor,<br />

in Paramount's "Where Men Are Men,' Bob<br />

Hope-Lucille Ball Technicolor co-starrer . . .<br />

His character name in the picture will be:<br />

Joe Wong."<br />

Right or Wong, he's working—which is<br />

more than can be said of many an actor.<br />

And from the same blurbery intelligence<br />

that "the operator of the Skyline Drive-In<br />

at Rawlins, Wyo., in the midst of the desert,<br />

reports the height of realism occurred last<br />

weekend when he played Paramount's 'Desert<br />

Fury' and the fm-y of an electrical storm<br />

demolished the projection booth."<br />

Too bad he wasn't playing Allied Artists'<br />

"Strike It Rich."<br />

rj"''<br />

fflU<br />

July'<br />

BOXOFFICE July 30, 1949<br />


.>do*tctoK<br />

^efia^<br />

PARL ST. JOHN, one of the three executive<br />

producers of the J. Arthur Rank Productions,<br />

returns to his<br />

native America in August<br />

for a three-week<br />

tour which will enable<br />

him to renew old contacts<br />

and at the same<br />

time carry out a sales<br />

campaign on one of<br />

the latest Rank pictures.<br />

The picture<br />

concerned is "The Gay<br />

Lady" (in England,<br />

"Trottie True") and It<br />

is a mark of the faith<br />

Earl St. John ^^^^ gj j^j^ ^nd<br />

other Rank executives have in the pictiu-e<br />

that he is taking the print over himself for<br />

its American presentation.<br />

"The Gay Lady" is the story of an Edwardian<br />

Gaiety Girl and for some time past the<br />

grapevine has been buzzing with rumors that<br />

this will be one of the big pictures of the<br />

year. It was directed by the Irish director,<br />

Brian Desmond Hurst, who has many good<br />

pictures to his credit including that wartime<br />

record-breaker, "Suicide Squadron," which<br />

featured the Warsaw concerto. The role of<br />

the Gaiety Girl who becomes a duchess was<br />

handed to Jean Kent, a young actress who<br />

started life herself as a dancer and after a<br />

series of dramatic parts has jimiped to the<br />

second position in the popularity polls.<br />

If "The Gay Lady" is a success one person<br />

who will derive some unexpected benefit is<br />

George Minter, chief of Renown Pictures, who<br />

has borrowed Miss Kent for his Anglo-Italian<br />

picture "Her Favorite Husband."<br />

* * *<br />

MANY FILM EXECUTIVES attended a<br />

memorial service last week for the late Ernest<br />

W. Fredman, who was for many years managing<br />

editor of the Daily Film Renter. Among<br />

those present at the simple but dignified service<br />

at St. George's, Hanover Square, were<br />

Sir PhiUp Warter, C. J. Latta, and D. J.<br />

Goodlatte of Associated British, William Moffatt<br />

of Pathe, Sydney Wynne and Victor<br />

Finney representing the Rank organization,<br />

his old friends Herbert Wilcox and Anna<br />

Neagle, and a large number of other wellknown<br />

film personalities who had gathered<br />

to pay tribute to "Freddie" as he was affectionately<br />

known.<br />

The position he has left as managing editor<br />

of the paper will be taken over by his old<br />

associate, Bernard Charman, who has been<br />

with the Daily Film Renter for 16 years and<br />

has held the position of associate editor since<br />

1939. Promoted to associate editor is Edward<br />

Betts, who also has been with the paper for<br />

many years.<br />

* * *<br />

ONE OF THE LAST PICTURES to be made<br />

at Shepherd's Bush studios before being<br />

closed early this year had its west end premiere<br />

last week. Titled "Don't Ever Leave<br />

Me" it was produced by Betty Box, directed<br />

by Arthur Crabtree and stars Jimmy Hanley,<br />

Petula Clark and Hugh Sinclair.<br />

"Don't Ever Leave Me" is a light comedy<br />

dealing with an old ex-convict who is taunted<br />

by his friends with the fact that he is getting<br />

too old for crime. He kidnaps the teen-age<br />

daughter of a Shakespearean actor and hides<br />


her in the apartment of his grandson, a young<br />

car salesman. When the young man dis;overs<br />

her there he tries to return her to her<br />

father but she refuses to go. It is only by<br />

striking a bargain with, her that he persuades<br />

her to go home.<br />

The picture itself is disarming and those<br />

fans of British character actors will find a<br />

great deal of interest, for there are some<br />

extremely good performances from Jimmy<br />

Hanley, Hugh Sinclair, Edward Rigby and<br />

Mam-ice Denham. It is, however, a trifle<br />

which will not really stand up to top billing,<br />

even in this country.<br />

* * *<br />

THE LATEST STATISTICS on production<br />

personnel which were released by the Joint<br />

Advisory Council last week show that unemployment<br />

has dropped by nearly 500 in the<br />

past four months and the number of pictures<br />

has increased from nine features on the floor<br />

in March to 21 features actually at work this<br />

week. The three trade unions covering the<br />

film industry state that their unemployment<br />

lists have been cut by 25-50 per cent during<br />

the last three months. This is an encouraging<br />

sign, but the council points out that this<br />

is not necessarily a permanent condition. Too<br />

many factors have to be taken into consideration<br />

before the British industry can be reckoned<br />

to be completely prosperous again.<br />

* * *<br />

WE RECENTLY COMMENTED in this column<br />

on the decision of the Film Finance<br />

Corp. to lend money to Parthian Productions<br />

who is producing a series of short films for<br />

sale to American television stations. It has<br />

now been disclosed that the films will be re-<br />

be-<br />

leased in the U.S. by a company which is<br />

ing formed by David H. Coplan, who was<br />

formerly managing director in Great Britain<br />

of United Artists. The first series of pictures<br />

has just been completed at the Kay Carlton<br />

Hill studios and this series consists of puppet<br />

cartoons, each running 12 and a half minutes.<br />

This will allow a two and a half-minute commercial<br />

to be added in the U.S. None of<br />

these short films will have a theatrical distribution<br />

over here or in America, but Coplan<br />

hopes to sell TV rights to the British Broadcasting<br />

Co. in Great Britain.<br />

if * *.<br />


London in May 1948 Sir Laurence Olivier's<br />

production of "Hamlet" will not be released<br />

until October 2 of this year. When the picture<br />

opened here it ran for six months in the<br />

west end of London and later had pre-release<br />

dates in key towns throughout the country.<br />

It did not, however, play on a general circuit<br />

release as executives of the Rank organization<br />

remembered the bad business done by<br />

"Henry V" some years ago when it was allowed<br />

to take its chance on circuit.<br />

Presumably as a result of the enormous<br />

amount of publicity, which the picture has<br />

garnered after gaining awards in nearly every<br />

country where it has been shown. General<br />

Film Distributors has decided that it justifies<br />

a release at normal prices and with continuous<br />

showing. Pre-release runs will start at<br />

the big seaside Odeons almost immediately.<br />

E. J. Carr, joint managing director, of GFD,<br />

reports that as soon as it was announced that<br />

the picture would be generally released he<br />

received a flood of inquiries from exhibitors<br />

SAG Membership Down<br />

To New Low of 6,533<br />

HOLLYWOOD—Active membership in<br />

th(<br />

Screen Actors Guild is now at the lowest,<br />

point in its history, it was revealed in a re-j<br />

port to the membership by the organization's<br />

board of directors. TTie statistics disclosec<br />

that as of June 30, 1949, active membershii<br />

in the guild totaled only 6,533. This compared<br />

with 7,008 on June 30, 1948: 7,756 Ir<br />

1947; and 7,898 in 1946. In previous so-callec,<br />

normal years, about 1,000 newcomers havt]<br />

joined the Guild yearly and about 1,000 per-'<br />

sons, including many of these same newcom-|i<br />

ers, have withdrawn each year. Compared<br />

to this, only 353 newcomers have joined the<br />

Guild in the 10-month period from Sept. 1'<br />

1948, to June 30, 1949, and in this same pe'<br />

riod, there were issued 1,328 withdrawal anc<br />

suspended payment cards.<br />

The report came as an authoritative refuta^<br />

tion of some recent tradepaper stories indi'<br />

eating that some bankers and studios havil<br />

adopted a new policy of demanding "neV<br />

faces" in films and implying that establishet<br />

character and supporting actors and bit players<br />

were to be "blacklisted" in favor of unknown<br />

newcomers.<br />

The SAG directorate, in conversations wltl<br />

casting officials of all major studios and bi)^^.<br />

independents, learned that there has beei<br />

no thought of any change in general castini<br />

policy. Officials handling motion picture fi<br />

nancing for banking institutions informed tht<br />

'^ Guild that their banks are proceeding on thi '<br />

same casting policies as always regarding thi<br />

financing of films.<br />

; cecj.il tt<br />

'^^'^'<br />

^ "**'=<br />

St!]!<br />

tt'-.<br />

tee:. 'S,-:.<br />

MiTood .IT.<br />

'Copacabana' Case Orde^.Mpc<br />

iiaeMPIC<br />

Issued to Standard Corp.<br />

HOLLYWOOD — In an action involvini<br />

"Copacabana," the Groucho Marx-Carmei<br />

Miranda musical produced in 1947 by Beacoi<br />

o, ^^ „»,„<br />

Dfaictfln<br />

Pictures and released by United Artists, th(<br />

fLpilmOoBdjui^<br />

foHoT'ol Hictri/>t r-nnrf ba« l.'^snpH an Order tl t UnfiAH u.,_ k_<br />

DHctmhi<br />

federal district court has issued an order ti<br />

the Standard Capital Corp., which has ai<br />

investment in the, feature, to show cause wh<br />

an injunction recently obtained agains<br />

Standard by a group of San Francisco finan<br />

ciers who also are investors in "Copacabana<br />

should not remain in force.<br />

The Standard firm recently received fed<br />

eral court approval to foreclose its first mort<br />

gage on the picture. Subsequently the Sal<br />

Francisco group sought a petition in invol<br />

untary bankruptcy and the court issued ai<br />

injimction against Standard Capital to pre<br />

vent them from foreclosing on the film.<br />

The San Francisco financiers had charged<br />

Standard was a production partner with San<br />

Coslow, the late David Hersh, Monte Prosei<br />

Walter Batchelor and George Frank in mak<br />

ing "Copacabana," and therefore had n<br />

right to seize all available funds withou<br />

other creditors being paid<br />

Anniversary Pressbook<br />

For Shirley Temple Film<br />

HOLLYWOOD—A special "fifteenth anni<br />

versary" Shirley Temple pressbook is bein<br />

prepared by United Artists in connectioi<br />

with the current appearance of the actres<br />

in Producer Colin Miller's "A Kiss for Cor<br />

liss," sequel to "Kiss and Tell." In additio)<br />

to the regular pressbook, Shirley's 15 starrin<br />

years in films will be highlighted, going "<br />

bac<br />

to "Baby Takes a Bow," her first.<br />

tlieSodeijfl!!<br />

lot Price G<br />

^t Purple Hft<br />

' sB?e s,Vc li,<br />

a Ford,<br />

ip;er<br />

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58<br />

BOXOFFICE :: July 30, 194' IXOrnct<br />


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irstiBl<br />

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Pressbool!<br />

the a<br />

Mirror's Series Protested;<br />

MPIC Charges Articles<br />

'Reckless, Unworthy'<br />

HOLLYWOOD—Charging the articles<br />

were<br />

"reckless, unworthy and irresponsible," the<br />

Motion Picture Industry Council—which is<br />

dedicated to improving filmdoni's overall<br />

public relations—has dispatched a stinging<br />

letter of protest to Virgil Pinkley, publisher<br />

of the Los Angeles Mirror, branding as "journalistic<br />

distortion for purposes of pure sensationalism"<br />

a recent series of articles about<br />

Hollywood by the tabloid newspaper.<br />

The series, tagged "Hollywood: Fame or<br />

Shame," purported to "expose" certain unsavory<br />

methods allegedly employed by studio<br />

representatives in their dealings with<br />

feminine newcomers to the film capital who<br />

have screen aspirations.<br />

Bearing the names of eight organizations<br />

representing every major group connected<br />

with Hollywood film production, the MPIC<br />

communique to the Mirror asserted it is<br />

"regrettable that any newspaper should so<br />

improperly and unfairly give free rein to the<br />

highly discolored statements of unfortunates,<br />

whose counterparts could be found in any<br />

large-size American city." The stories, the<br />

communique charged, defeated "any constructive<br />

purpose to which they might have<br />

been dedicated."<br />

Signatories to the note of protest included<br />

Cecil B. DeMille, retiring MPIC chairman;<br />

Ronald Reagan, incoming chairman, and<br />

president of the Screen Actors Guild; Roy<br />

M. Brewer, lATSE executive and chairman of<br />

the Hollywood AFL Film Council; and Dore<br />

Schary, MGM production executive and chairman<br />

of the MPIC's public relations committee.<br />

Member groups supplementing the signatures<br />

and representing at least 35,000 people<br />

employed in the industry consist of the<br />

SAG, Screen Directors and Writers Guilds,<br />

AFL Film Council, Independent Office Workers,<br />

Motion Picture Producers Ass'n, Society<br />

of Independent Motion Picture Producers<br />

and the Society of Motion Picture Art Directors.<br />

II •<br />

Film<br />

^t,tt««it><br />

Cfi-SBff<br />

fH<br />

.J"<br />

m<br />

oftbe itt*<br />

Cv.fVVSW'<br />

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July*<br />

_<br />

'What Price Glory' Cast<br />

Get Purple Heart Scrolls<br />

HOLLYWOOD—Testimonial scrolls in recognition<br />

of their contr;butions to the recent<br />

stage presentation of "What Price Glory"<br />

were awarded a number of film luminaries<br />

at a meeting of the motion picture chapter<br />

of the Military Order of the Purple Heart.<br />

The stage show was presented by Director<br />

John Ford, who heads the Purple Heart<br />

chapter, and proceeds therefrom went to a<br />

ranch in Reseda operated by the group.<br />

Handed the awards were cast members of<br />

"Glory" including Maureen O'Hara, Gregory<br />

Peck, John Wayne, Ward Bond, Pat O'Brien<br />

and many others.<br />

Holdup Man Gets $170<br />

SAN FRANCISCO — A holdup man got<br />

away with $170 recently when he threatened<br />

John Martinson, assistant manager of the<br />

Midtown, with a gun. The bandit approached<br />

Martinson in the mezzanine office and the<br />

assistant manager gave him $70 of his own<br />

money and $100 from the theatre safe.<br />

BOXOFnCE :: July 30. 1949<br />

£'Xec44^loe<br />

^^uufele^<br />

VISITOR FROM ITALY—Pilade Levi (center), Paramount's general manager in<br />

Italy, spent several days in huddles at the studio. Here he Is shown at luncheon with<br />

Frank Capra (left), producer-director, and Luigi Luraschi, of the studio's foreign<br />

publicity department.<br />

West: Louis B. Mayer returned to his MGM<br />

studio post after a ten-day trip to New York,<br />

during which the details of a new five-year<br />

contract were ironed out and the commitment<br />

was signed. The ticket, as revealed in<br />

Gotham by Nicholas M. Schenck, president<br />

of Loew's. Inc., goes into effect September 1<br />

with the expiration of Mayer's current contract.<br />

He is currently observing his 25th anniversary<br />

with the company. Meantime<br />

Pandro S. Herman, MGM producer, went to<br />

New York for home office business sessions<br />

and will leave from there for Europe on a<br />

combined business-pleasure junket. Also<br />

heading east was Producer Arthur Freed, who<br />

planned a two-week New York stay to catch<br />

the new Broadway shows.<br />

* * *<br />

West: Joseph H. Hazen, executive of Hal<br />

Wallis Productions, arrived from New York<br />

to attend to business matters that have developed<br />

since Wallis departed for Italy to<br />

launch production of a Joan Fontaine starrer<br />

to be distributed by Paramount,<br />

* * *<br />

East: Perry Lieber, RKO studio publicityadvertising<br />

chief, left for Manhattan for a<br />

week of parleys with eastern drumbeating<br />

executives of the company.<br />

* * *<br />

West: Kay Harrison, managing director for<br />

Techncolor in London, came in for conferences<br />

with Dr. Herbert T. Kalmus, the tint<br />

company's president and general manager.<br />

* * *<br />

West: Arthur Greenblatt. general sales<br />

chief for Screen Guild Productions, planed<br />

in from New York for talks with President<br />

Robert L. Lippert on new product and to<br />

view six recently completed pictures. Joining<br />

Greenblatt and Lippert in the conferences<br />

was Al Grubstick, assistant sales manager<br />

in charge of home office operations, who<br />

came down from San Francisco.<br />

* * «<br />

West: William Melniker, managing director<br />

of MGM's foreign theatres, came in from<br />

w<br />

Gotham for a week of conferences at the<br />

studio.<br />

* * *<br />

East: Benedict Bogeaus, United Artists producer,<br />

hopped a train for New York on a<br />

business trip.<br />

* • *<br />

East: Sydney Gross, national publicity-advertising<br />

chief for Film Classics, returned to<br />

his New York headquarters after setting up *<br />

a Pacific coast campaign for "Lost Boundaries."<br />

The western campaign will be handled<br />

by William Hebert, who recently resigned<br />

as publicity advertising director for<br />

Samuel Goldwyn and set up his own offices.<br />

* * *<br />

West: Adolph Zukor, chairman of the<br />

Paramount board, arrived for conferences at<br />

the studio with Cecil B. DeMille and studio<br />

executives on release plans for "Samson and<br />

Delilah," DeMille Technicolor opus.<br />

+ * *<br />

East: Cecil B. DeMille, Paramount producer-director,<br />

will leave next week to join<br />

the Ringling Brothers-Barnum & Bailey circus<br />

in Chicago for a three-week swing<br />

through the northern states with the "big<br />

top" to gather background material and<br />

absorb the spirit of the circus for his next<br />

production, "The Greatest Show on Earth."<br />

4 « *<br />

South: With the conclusion of RKO's fifth<br />

and final regional sales meeting in San<br />

Francisco, Robert Mochrie, vice-president<br />

and general sales manager, stopped over at<br />

the studio for a week of scanning newly<br />

completed company product before continuing<br />

on to the New York home office.<br />

Other RKO executives visiting Hollywood for<br />

various periods, ranging from a day to a<br />

week, en route east are Harry J. Michalson,<br />

short subjects sales manager; Walter Branson,<br />

western division sales manager, and his<br />

assistant Harry Gittleson; A. A. Schubart,<br />

manager of exchange operations, and Joseph<br />

C. Emerson, Denver sales manager, whose<br />

exchange finished first in the 1949 Ned Depinet<br />

drive.<br />


'Bray/e<br />

Opens With 160 Per Cenf<br />

To Lead First Runs in<br />

SEATTLE—"Home of the Brave" opened<br />

at the Music Hall and did a fine 160 per<br />

cent business. "The Girl From Jones Beach"<br />

also had a satisfactory debut with 150 at<br />

the Orpheum.<br />

(Average Is 100)<br />

Blue Mouse—The Founlainhead (WB), Alimony<br />

(EL), 3rd d, 1, wk 110<br />

Coliseum—Manhandled (Para): Special Agenl<br />

( Para) v .T- ^°<br />

Fifth Avenue—Too Late for Tears (Para); Ringside<br />

(SG) 91<br />

Liberty-The SItatton Story (MGM), 2nd wk 130<br />

Music Box—Sorrowrtul lones (Para); Jigsaw (UA),<br />

4lh d. t. wk 130<br />

Music Hall—Home ol the Brave (UA); Cover-Up<br />

(UA) 160<br />

Orpheum The Girl From Jones Beach (WB); The<br />

Daring Caballero (UA) 150<br />

Paramount — The Big Steal (RKO); Stagecoach<br />

Kid (RKO) 13b<br />

Seattle<br />

while a 120 per cent rating was attained by<br />

"The Doolins of Oklahoma."<br />

Belmont, Culver, El Rey, Iris, Orpheum—<br />

Reign of Terror (EL); Sleeping Cor to Trieste<br />

(EL), 2nd wk 90<br />

Chinese, Slate, Uptown, Loyola—You're My<br />

Everything (20th-Fox); Temptation Harbor<br />

(Mono) 150<br />

Fine Arts—The Red Shoes (EL), 30th wk 70<br />

Ritz, Studio City, United Artists, Vogue—Calamity<br />

Jane and Sam Bass (U-I); Mississippi<br />

Rhythm (Mono), 2nd wk ._. ^...<br />

^<br />

90<br />

Downtown, Hollywood Paramounts Manhandled<br />

(Para); Special Agent (Para) '5<br />

Egvptian, Los Angeles, Wilshire Any Number<br />

Con Play (MGM) 160<br />

Four Music Halls—Africa Screams (UA), 3rd wk 70<br />

Four Star—Edward, My Son (MGM), 4lh wk 110<br />

Pontages, Hillstreet—The Doolins of Oklahoma<br />

(Col); Devil's Henchman (Col) 120<br />

Warners Hollywood, Downtown, Wiltern The<br />

Girl From Jones Beach (WB), 2nd wk 100<br />

Fred Weimer Resigns<br />

To Form New Firm<br />

SALT LAKE CITY — Fred F. Weimer,<br />

branch manager for National Screen Service<br />

here, resigned Wednesday (27) to enter partnership<br />

with Russell Dauterman and Harold<br />

Chesler, Utah theatre owners, in forming<br />

General Theatre Service.<br />

m^<br />

'Stratton' and 'Terror' Hit<br />

L30 in San Francisco<br />

SAN FRANCISCO—Two houses came forth<br />

to split top honors for the week with a reading<br />

of 130 per cent. The second week of<br />

"The Stratton Story" at the Paramount and<br />

the first week of "Reign of Terror" at the<br />

Warfield were the leaders. Second spot honors<br />

went to the Golden Gate with the opening<br />

of "Massacre River."<br />

Esquire—Take One False Step (U-1); Ride, Ryder.<br />

Ride (EL) -, 115<br />

Fox—Neptune's Daughter (MGM), 2nd wk 120<br />

Golden Gate Massacre River (Mono); Bomba,<br />

-<br />

the Jungle Boy (Mono) 125<br />

Orpheum Johimy Allegro (Col); The Daring<br />

Caballero (UA) 120<br />

Paramount—The Stratton Story (MGM); Daughter<br />

ol the West (FC), 2nd wk 130<br />

St. Francis—Edward, My Son (MGM), 5th wk 70<br />

Stole^^orrowiul Jones (Para); Amazon Quest<br />

(FC), 4th wk 110<br />

, "nited Artists—Africa Screams (UA), 2Tid wk 100<br />

United Nations The Fountorinhead (WB); Leave It<br />

to Henry (Mono). 4th d. t. wk 110<br />

Warlield—Reign of Terror (EL); Sleeping Car to<br />

Trieste (EL) 130<br />

W. C. Fields Reissues High<br />

With 140 in Denver<br />

DENVER—Film houses had too many outsde<br />

attractions to fight with around 10,000<br />

attending the ball games over the weekend<br />

and picnic weather.<br />

Aladdin — The Fountodnhead (WB); Daughter of<br />

the West (FC), 4th d. t. wk 110<br />

Broadway—Tulsa (EL), 5 days, 4th wk 50<br />

Denham Sorrowful Jones (Para), 4th wk 60<br />

Denver, Esquire, Webber Champion (UA); The<br />

Crime Doctor's Diary (Col) - 90<br />

Orpheum—The Big Steal (RKO); Rustlers (RKO),... 90<br />

Paramount, Ftialto Citv Across the River (U-l);<br />

Search lor Danger (FC) 100<br />

VnTue My Little Chickadee (U-I); Never Give a<br />

Sucker an Even Break (U-l), reissues 140<br />

"Everything' and 'Any Number'<br />

Split Los Angeles Honors at 160<br />

LOS ANGELES—Three strong new bills<br />

coupled with cooler weather resulted in generally<br />

upped boxoffice takes along the first<br />

run rialto while in the holdover division<br />

the British import, "The Red Shoes," continued<br />

to chalk up new long-run marks by completing<br />

its 30th week. Pacing the field, with<br />

160 per cent averages each, were "You're My<br />

Everything" and "Any Number Can Play,"<br />


Printed in Red and White<br />

$7.50 per thousand<br />

Complete Popcorn Supplies<br />


IDS Goldet\ Gala Ave. San Francisco 2, Cal.<br />

Dual Bill<br />

Leads Portland<br />

With 165 Per Cent<br />

PORTLAND—Filling the bills in both the<br />

Oriental and the Orpheum, "House of Strangers"<br />

coupled with "Forbidden Street" took<br />

top honors of 165 per cent in a slow downtown<br />

week. "Africa Screams" and "Jigsaw"<br />

held down the place position at the Broadway<br />

with 160.<br />

Broadway—Africa Screams (UA); Jigsaw (UA) 160<br />

Mayfair—Illegal Entry (U-I); Tucson (20th-Fox)....105<br />

Music Box Sorrowful Jones (Para); Hold That<br />

Baby (Mono), 3rd d. t. wk 120<br />

Oriental and (Orpheum House of Strangers<br />

(20th-Fox); Forbidden Street (RKO) 165<br />

Paramount The Doolins of Oklahoma (Col); Arson,<br />

Inc. (SG) -<br />

'''^<br />

,v;<br />

Plavhouse—The Big Steal (RKO); Red Stallion<br />

(EL), 2nd d. t. wk 95<br />

United Artists—The Stratton Story (MGM), 2nd<br />

d. t. wk 155<br />

Charity Heart Award Given<br />

To Variety Club Tent 25<br />

LOS ANGELES—For its achievement in<br />

sponsoring the Variety Boys' club in East<br />

Los Angeles as a means of combating juvenile<br />

delinquency, Tent 25, Variety Club of<br />

Southern California was to receive the annual<br />

Charity Heart award citation of Variety<br />

Clubs International at a banquet here<br />

August 1.<br />

International officers attending were to include<br />

Chief Barker Robert O'Donnell and<br />

Col. William McCraw, executive director.<br />

Charles P. Skouras, Tent 25 chief barker, and<br />

Dave Bershon, chairman of the Heart committee,<br />

will accept the award.<br />

Anaheim Orange Drive-In<br />

Installs Kiddy Train<br />

ANAHEIM, CALIF.—A miniature Santa<br />

Fe Super Chief train with accommodations<br />

for 14 youngsters has been Installed at the<br />

Orange Drive-In. Kiddies attending the<br />

drive-in are given a whirl around the 180-<br />

foot track free of charge.<br />

"We charge one smile," Manager Tom Mccormick<br />

stated, "and believe me, we've collected<br />

thousands of smiles already."<br />

Studio Demurrers Denied<br />

HOLLYWOOD—Demurrers entered by Republic<br />

to a $100,000 plagiarism suit filed by<br />

Writers Dick Irving Hyland and Charles<br />

O'Neal were overruled by Superior Judge<br />

Arnold Praeger and the studio was given<br />

ten days in which to file an answer to the<br />

act'on. Plaintiffs charge Republic appropriated<br />

their story filming "Calendar Girl."<br />

FRED F.<br />

WEIMEE<br />

The new company, which will have its]<br />

offices here, will do buying and booking,<br />

handle theatre brokerage and act as adver-|<br />

tising consultant and offer services as general<br />

manager and boxoffice stimulator at|<br />

theatres. No successor for Weimer at National<br />

Screen has been named.<br />

FWC Division Manager,<br />

Richard Spier, Dies<br />

SAN FRANCISeO—Richard Spier, north<br />

em Californa division manager for Fox<br />

West Coast, died here recently. Spier who<br />

had been on leave for several months<br />

was 55,<br />

because of illness.<br />

A native of Germany, he began work with<br />

West Coast Theatres, Inc., more than 30<br />

years ago and later served as manager of the<br />

California and Warfield theatres here. He<br />

was appointed manager of the theatre chain's<br />

Oregon territory in 1928 and became northern<br />

California division manager of Fox West<br />

Coast in 1945.<br />

Producer Carl Ray Dies<br />

LOS ANGELES—Carl Ray, pioneer film<br />

producer and theatre owner, died recetly at<br />

California hospital after a brief illness. A<br />

resident of Los Angeles for the last 40 years,<br />

Ray was one of the earliest film producers.<br />

At one time, he produced a motion picture<br />

which starred the late William S. Hart. Ray<br />

began his theatrical career in Muskegon,<br />

Mich., but upon coming here he founded a<br />

number of local theatres. At the time of his<br />

death, he owned properties in Las Vegas,<br />

Nev., and Cheyenne, Wyo. He foimded the<br />

film firm known as the Carl Ray Motion,<br />

Picture Co., in his early days here. He Is<br />

survived by his wife Ida and a daughter<br />

Carlita Nancy.<br />

^'1<br />

60<br />

BOXOFHCE :<br />

: July 30, 1949 i<br />


, jM<br />

He gives shape to things to come...<br />

HIS the ability to see each script through<br />

the camera's eye ... to picture with brush<br />

and pencil the story's dramatic highlights<br />

. . . and, finally, to shape sketches<br />

into settings of authentic merit.<br />

He is the screen's art director, at once<br />

responsive and responsible. Not only<br />

must he be sensitive to the mood of the<br />

story . . . giving full consideration, as well,<br />

to the personality of the star . . . but<br />

also he must be constantly aware of the<br />

practicalities of motion picture production,<br />

be able to work closely with scores<br />

of crafts within and without the studio.<br />

Above all, the art director knows the<br />

importance of the faithful reproduction<br />

of the values he creates ... an assignment<br />

he is well content to see competently<br />

handled<br />

by Eastman's famous family of<br />

motion picture films.<br />

ipitWi'<br />


ROCHESTER 4, N. Y.<br />

* '<br />

,„ SlotiH<br />



JA' 30, m BOXOFTICE :: July 30, 1949<br />

61<br />


Modernistic Quonset Hut Theatre<br />

Opened at Spanisti Fork, Utah<br />

by C. R. Sagert, G. N. GUlenwater, Clarence<br />

Shimanek and Clay Nichols, local businessmen,<br />

has been opened here under the management<br />

of Ben Adams of Jones Enterprises,<br />

Inc.<br />

The stadium-type theatre was erected at<br />

a cost of $120,000. A wide ramp leads up<br />

from each side of the lobby to a central elevation<br />

in the auditorium. Aisles give access<br />

to seats arranged on steps eight inches in<br />

height.<br />

$30,000 Renovation at Capitol<br />

SALT LAKE CITY—A $30,000 renovation ,<br />

job at the Capitol is scheduled for comple- i<br />

tion by mid-August, according to Robert E.<br />

Ingebretsen, consulting engineer for the<br />

project. The Intermountain house will undergo<br />

an interior paint job as well as carpet<br />

repairing. The Capitol was damaged in a<br />

recent fire.<br />

Roseville Buys Site<br />

ROSEVILLE, CALIF.—The Roseville<br />

The- I<br />

The novel facade of the new Arch Theatre at Spanish Fork, Utah, is pictured<br />

above showing the finished product, made from a quonset hut structure which had<br />

been used as a theatre for the last few months.<br />

atre Corp. has purchased part of a ranch on I<br />

the west side of Highway 40 one-fourth mile I<br />

south of the city for the construction of a<br />

j<br />

drive-in. A minimum of $15,000 will be ij<br />

spent on the 800-car project.<br />

W.th civic and business officials and theatremen<br />

in attendance, the new Arch Theatre<br />

of the Huish-Gilhool circuit was opened at<br />

Spanish Ferk, XJtah, last week. The novel<br />

new showhouse was built around the shell<br />

of a quonset hut, which had been serving as<br />

the theatre for the past few months. A California-designed<br />

exterior is used in front and<br />

at the sides of the quonset-hut auditor um.<br />

Flagstone and redwood have been used for<br />

this construction.<br />

The auditorium has indirect lighting and<br />

ventilation in a central arch running down<br />

the center of the ceiling.<br />

Situa ted on the main highway leading into<br />

Spanish Fork from the north, the Arch is<br />

an impressive sight as motorists make a turn<br />

into the city's main street. Vincent A. Gilhool<br />

is manager of the Huish-Gilhool circuit<br />

which operates the Arch and several other<br />

theatres in Utah.<br />

Arvin to Cost $200,000<br />

SAN FRANCISCO—A late September opening<br />

is planned for the Arvin Theatre being<br />

constructed on the corner of Hill and Bear<br />

Mountain drive for James Banducci. The<br />

870-seat house is expected to cost $200,000.<br />

Banducci owns and operates the River Theatre<br />

in Bakersfield and the present Arvin<br />

here.<br />

Lippert-Moim Opens Starlite<br />

KEYES, CALIF. — The 551-car Starlite<br />

Drive-In opened recently on Highway 99 between<br />

Modesto and Turlock. Louie Vaughan<br />

manages the Lippert-Mann theatre which<br />

was built by Ted F. Baun, contractor.<br />

The $140,000 drive-in features a synthetic<br />

"moon" and a playground for the kiddies.<br />

The 70-foot tower supports a 61x61-foot<br />


Couple nets over $700 month. Easy opez'ation.<br />

Only theatre in this Central California town.<br />

SIO.OOO dovm, balance payout mthin one year.<br />


25 Taylor St. San Francisco 2<br />

Phone Prospect S-714S<br />

screen. RCA and Brenkert projection equipment<br />

is in use. Manager Vaughn was supervising<br />

the Motor-In at Salida which has now<br />

been turned over to Celeste Vaughan.<br />

State Features Miniature Railway<br />

MISSOULA, MONT.—Novel feature of the<br />

State Drive-In recently opened south of the<br />

city off U.S. 93 is a miniature electric train<br />

on which children are given free rides.<br />

Owned by the Treasure State Amusement<br />

Corp., the 450-car theatre was built under<br />

the supervision of Bill Powers. Contractors<br />

included the Pew Construction Co., the Electrical<br />

Shop, Ray Pew, C. W. Schmid Plumbing<br />

& Heating and the Montana Ready Mix<br />

Co.<br />

$175,000 Lincoln Opens<br />

MARYSVILLE, CALIF.—The $175,000 Lincoln<br />

Theatre opened here recently with<br />

George Perry managing. The new theatre<br />

seats 758.<br />

Ozoner Opens in Salt Lake<br />

SALT LAKE CITY—United Intermountain<br />

has opened the Ozoner Drive-In at 3700<br />

South Redwood Rd. Special feature of the<br />

drive-in is triangular parking, designed to<br />

abolish distorted views of the screen. A wading<br />

pool for children has been built in the<br />

picnic playground area. The 12V2-acre area<br />

also includes barbecue pits, pony rides and<br />

bottle warmers.<br />

Hermiston Drive-In Begun<br />

HERMISTON, ORE.—Work has begun on<br />

the first local drive-in, to be located on a<br />

ten-acre tract north of town. Owner L. A.<br />

Moore says the theatre will accommodate 500<br />

cars. A playground and concession stand are<br />

included in the plans. The site was selected<br />

because of protection from wind by trees on<br />

all four sides.<br />

Jones Enterprise, Inc.,<br />

Manages Park Theatre<br />

LEBANON, ORE.—The Park Theatre, built<br />

To Replace Brewster Theatre<br />

BREWSTER, WASH.—Sterling Monroe of I<br />

Okanogan and Jerry B. Davis have begun<br />

work on a new Caribou Theatre to replace<br />

\<br />

the building recently destroyed by fire.<br />

A. A. Cantin Named Architect<br />

SAN JOSE, CALIF.-A. A. Cantin of San >"<br />

Francisco is the architect on the $100,000 ;l»l<br />

i<br />

Borg of San Francisco. The theatre will seat '<br />

theatre to be constructed here for Lawrence i<br />

| fjfconN t^l,ln<br />

900 and will include two storerooms.<br />

Star Lite Co. Files<br />

ROCK SPRINGS, WYO.—Articles of incorporation<br />

were filed by the Star Lite Theatre<br />

Co., Inc., for the construction and operation<br />

of a di'ive",in to be built near here at<br />

a cost of $50,000.<br />

Chico Drive-In Opens<br />

CHICO, CALIF. — The 650-car Starlil<br />

Drive-In opened one mile south of town on<br />

Hghway 99-E. The entire area is paved and<br />

a concession stand is located in the center<br />

Petition for Gait Drive-In<br />

SAN FRANCISCO-The county planningl<br />

commission scheduled a public hearing on al<br />

petition which would permit construction olj<br />

a drive-in in Gait. The theatre would bt|<br />

located between the fairgrounds and Hlgh-j<br />

way 99.<br />

Film Crosby Trailer<br />

HOLLYWOOD—Paramount sent a 20-mar|<br />

crew to Bing Crosby's Elko, Nev., ranch tcl<br />

film a Technicolor trailer for "Top O' thil<br />

Morning," Der Single's new starring vehicle|<br />

Crosby and his four sons, now on vacatioc<br />

there, will appear in the trailer.<br />

Attempted Break-In Foiled<br />

EL PASO—A 21 -year-old man was pickecl<br />

up by two local police officers as he at-l<br />

tempted a break-in at the Ellanay Theatri|<br />

here recently.<br />

^^<br />

62 BOXOFHCE :: July 30, 194<br />


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