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lOLSON' TALKS STALEMATED;
TOA WILL TAKE OTHER MEANS'
Columbia Denies Asking
Upped Admissions, Bit
Ass'n Insists It Is
NEW YORK—The Theatre Owners of
America and A. Montague. Columbia gen
eral sales manager, remained deadlocked
over the sales policies of "Jolson Sings
Again" after a November 14 meeting.
Montague reiterated his statement that the
company has never demanded advanced
admission prices or authorized any employe
to do so. while TOA. acting on an
interpretation by Herman M. Levy, general
counsel, maintained that the terms being
asked for "Jolson" "are designed to force
an exhibitor to increase his admission
prices."
DECISION IS UNANIMOUS
As a result of the stalemate, TOA's executive
committee has instructed Levy to
take up the rental dispute directly with the
Columbia legal department. If this fails to
solve the controversy, the association will
take "other means," Gael Sullivan, TOA's
executive director, said. He did not elaborate
on what "other means" might be resorted
to, but he did add that the decision to
take further steps was a unanimous one.
TOA was represented at the Montague
meeting by a subcommittee of its distributorexhibitor
relations committee composed of
Arthur H. Lockwood, J. J. O'Leary, Albert M.
Pickus and Robert W. Coyne. Its report was
made first to the full committee at an all-day
meeting November 15 at the Hotel Astor,
which approved its report and prepared to
submit it to the meeting of the executive
committee the following day for possible action.
The deadlock was taken seriously by
TOA because the exhibitor group felt the Copolicies
can establish a precedent.
A Montague statement, issued by TOA,
said he "would appreciate any evidence availin
substantiation of such reports," meaning
any demands on the part of the company
for increased admissions.
Walter Reade jr., chairman of the full com-
said that TOA membership will be
to submit to national headquarters "all
'
experiences tending to support the existence
of
this marketing policy."
EVIDENCE IS 'PERSUASIVE'
said further: "The fact that no runs
'Of 'Jolson Sings Again' have been observed
at other than advanced admission prices is
most persuasive to the belief that some policy
designed to bring about such advance
prices is in effect."
TOA officers asked the full com-
'mittee to meet the next day with the execu-
|tive committee.
The TOA committee statement follows:
"A subcommittee of the distributor-exhibi-
|x)r relations committee of TOA called on Mr.
K Montague, general sales manager of Columbia
Pictures Corp., today and discussed a
jecent protest by the committee against Co-
[umbia's reputed sales policy in the marketing
of the picture, 'Jolson Sings Again.' The
lubcommittee inquired into the alleged prac-
OXOFnCE November 19, 1949
To Continue Study
Of Trade Practices
NEW YORK—The Theatre
Owners of
America committee Wednesday (16
authorized Walter Reade jr„ chairman of
its distributor-exhibitor relations, to appoint
a screening committee which will
unake a further study of recommendations
\)f the national convention regarding
^mpetitive bidding, uniform availabil-
^
establishment of an arbitration
trhuniU. print shortages, use of trailers
an\^ advanced admission prices.
date for a meeting with distributors
hasWen set, but one wUl be held, Gael
SullJan, executive dii-ector, said after the
Readl committee has sifted "all pertinent
facts. "l
Sam Plnanski, president, will then
select \ subcommittee from the committee
of tlEWhole to meet with distributors.
SulivVn emphasized that TOA does not
mtenc to try to get distributors' signatures
to aS; code of fair practices, but wants
to ^ork out agreement on individual
poiis m dispute. He said TOA is moving
witjbut haste to avoid making "onesided
recinmendations" and in favor of "tempei^e
action."
limed to the screening committee were
TejGamble, S. H. Fabian, Leonard Gold-
Robert W. Coyne and George
Sklras, with Reade as an ex-officio
maber.
tice^hereby this feature was being marketed
witbfie understanding that exhibitors would
fix [mission prices at levels higher than
norill. And, secondly, that terms were bemg
quested that made such an advance
necdry.
"j Montague, in reply to questions posed
to 1^, stated: 'We have never demanded nor
havve ever authorized any employe of Columj,
to even remotely suggest that an exhibj
advance his admission price, and I
vig^sly deny any reports to the contrary
anoould appreciate any evidence available
stantiation of such reports.'
Montague further stated that he considd'
the terms asked for a picture to have
no ationship or bearing, directly or indito
the admission prices to be charged
exhibitor. Mr. Montague continued
thaie terms and conditions whereby 'Jolsoiiigs
Again' is being marketed and will
"-- bel-^keted are determined by the Individual
sitvpns involved."
had ruled that the exaction of terms
given situation calculated to fix minimiprices
for admission is in violation of
a sjn of the final decree of the New York
ry court, in U.S. vs. Paramount et al.,
enti January 8, 1947, and which was undised
by the U.S. Supreme Court on appe^t
reads:
defendants are enjoined >
"From
gra g any license in which minimum prices
fornission to a theatre are fixed by the
pai either in writing or through a com-
- mittee, or through arbitration, or upon the
happening of any event or in any manner
or by any means."
The committee agreed with Levy that if the
terms demanded for a picture are so high as
to preclude the possibility of exhibiting such
picture, at regular admission prices, without
loss, then such terms are designed to force
an exhibitor to increase his prices.
The committee furthermore decided that,
as a matter of general policy, looking to industry
welfare, it should go on record as taking
a definite stand against the advancing
of admission prices for "so-called mass appeal
pictures."
AT NORMAL ADMISSIONS
The statement continued:
"Admitting that there might be rare classic
pictures, with special appeal, for which exhibitors
might feel that so-called 'roadshowtreatment
is indicated, the feeling is that
presentation of pictures of other than such
special productions should be presented at
normal admission prices and that the advancing
of admissions on mass appeal pictures
should be discouraged as a matter of
policy.
"The reasons assigned for th:s position were
a restatement of TOA's position on this subject,
namely, that the advancing of admissions
on normal good pictures is bad public
relations, in that it imposes an additional
cost on the theatregoing pubhc that in many
Instances patrons could not afford to pay.
Theatregoers who have been patient with
usual product and reissues should be given,
as a natural right, the better-than-good pictures.
Also when the public is deprived of the
privilege of seeing good pictures because of
advanced admission prices it is poor public
relations for the industry."
The Reade report said that Montague's
statement was respected, but that in deference
to numerous complaints the committee
felt it necessary, in justice to TOA membership,
to give all exhibitors an opportunity to
be heard on the question.
CITE MEMPmS INCIDENT
After the meeting of the full committee,
Gael Sullivan, executive director, told the
tradepress that the Malco Theatre, Memphis,
was running the following box in its
newspaper advertising of "Jolson":
"Note: Due to terms exacted by the producer,
the following admission is necessary."
The Malco's prices were: Orchestra. 65
cents: balcony, 55 cents: children, 20 cents:
weekends, 85 cents. The normal admission
was not known.
MPAA Won't Study Effect
Of TV on Boxoffices
NEW YORK—The Motion Picture Ass'n of
America has decided against any survey of
the effect of television on theatre revenue.
Such a survey had been proposed by a national
organization specializing in research,
but the suggestion has been turned down
because of the cost, said to range from $50,000
to $100,000, and because it was decided there
are not yet enough television sets in homes
throughout the nation to make it worthwhUe.
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