Boxoffice-January.07.1950

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PHE DEPARTMENT OF JUSTICE is presently
disposed to proceed with the hearing
slated for January 17 in the antitrust
suit against the majors. Argument on the
details of divorcement and other questions
left open by last summer's decision is scheduled,
and there is no certainty at this point
that any of the three remaining major defendants
will have retired from the case by
then via the consent decree route.
It now appears to be almost a certainty
that Warner Bros, will be out by then, but
it could take until after the hearing for the
conclusion of the agreement. It now seems
unlikely that 20th Century-Fox will be out of
the case by then, and so far there is no indication
that Loew's will agree to a consent
judgment at all.
Although it is generally thought that the
20th-Fox case can be negotiated to a settlement
out of court and that Loew's will then
try to work out a conclusion, the government
is still working on the theory that the hearing
wiU go on as scheduled. The fact that
the hearing has been held will not affect the
legal position of the two parties in terms of
their right to agree to specific proposals. If
a judgment were to come down from the
court before a consent judgment was signed,
however, the judgment would automatically
be controlling. It generally takes from several
weeks to several months before such
judgment issue, however.
THE SUPREME COURT has been asked
a second time to hear the appeal of Fifth &
Walnut Amusement Co. from the lower court
rejection of its damage suit. The company,
operator of a Louisville theatre, has been rebuffed
in its efforts to have the court accept
the findings and judgments in the New York
suit as prima facie evidence of conspiracy
^eftont
By ALAN HERBERT
by the major companies.
The high court turned down the request
that it take jurisdiction last month, and the
majors hold that there is nothing new in the
case now to cause the court to change its
mind.
Fifth & Walnut argues that the course of
some 93 pending private suits against the
inajors may be greatly affected by what the
high court does in this case.
THE FEDERAL COMMtHVICATIONS
commission refused last week to take emergency
action okaying the transfer of radio
and television properties in Chicago and New
Orleans from Paramount affiliates to the
new United Paramount Theatres. Approval
by the end of the year—or at the least a provision
approval—^had been asked by the company
December 22.
The commission refused to be hurried, however,
and said it would not be hastened simply
to permit Paramount to live up to a time
schedule it had voluntarily set itself. The
stations included the video and FM stations
belonging to Balaban & Katz, in Chicago, and
the AM and PM stations belonging to Paramount-Richards,
in New Orleans.
THE STATUS OF THE CAMERA3IAN in
the United States Capital has advanced another
notch, it appeared this week as the new
house chamber was opened to the public.
For the first time, the house itself is now
the owner of lights adequate for the use of
newsreel, still and television photographers.
A special battery of lights was purchased from
Hollywood supplier Mole-Richardson, and
will be available on call when cameramen
desire to shoot in the house chamber. Until
now they have had to set up their own lighting
each time.
Newsreels, Short Subjects Targets
For Attack by New Jersey Allied
NEW YORK—Newsreels and short subjects
are the targets for a ton of verbal bricks in
the latest bulletin of the New Jersey Allied
unit.
On the newsreels problem, the bulletin says
"At a recent meeting of newsreel men, there
was a great deal of argument against the
tendency of newsreels to propagandize personalities
and individuals for their own
benefits.
"Newsreels, themselves, have become just
another single on your screen and not a good
one. Between newspapers and television, even
pre-release newsreels are now nothing better
than reading last week's papers.
"For many years exhibitors have over-paid
for this six-seven minute subject and it is
about time they either cut the price or cut
them out."
Turning the ammunition toward short subjects,
the bulletin says: "Many companies look
upon short subjects as unwanted children, but
fail to realize that many exhibitors, especially
those with single feature poUcies, look to
short subjects to make a good program just
as a double featme man looks to a second
feature to prop up his show.
"The art of making good two-reelers has
been lost. Comedies, as they are called by the
producers, fail, in most instances, to get a
ripple from the audience. There are a few
good single reels being made, but the majority
seem to be dull, unimaginative, and, in
general, do not help the program."
Report Reynolds Tobacco
Backing Florida Chain
TAMPA—Persistent reports have been cropping
into trade circles in recent weeks that an
important new circuit of Florida theatres,
financed by the R. J. Reynolds Tobacco Co.
of Winston-Salem, N. C., will come into being
in 1950. The press here has been quoting
"unusually reliable" sources in Miami. The
published report indicated the circuit was
planning to build in Orlando, Miami, St.
Petersburg, Jacksonville, Palm Beach, St.
Augustine, Daytona Beach and Tampa.
Arnall May Run Again
For Governorship
NEW YORK—The industry will
watch few
of this year's political campaigns more closely,
at least in their early stages, than that
for governor of Georgia. The reason is that
Ellis Arnall, president of SIMPP, is believed
by many observers to be planning to run
against young Herman Talmadge, present
incumbent and son of Gene Talmadge, whom
Arnall defeated. That would mean his resignation
from SIMPP of which he has been
a vocal and successful representative.
Newspaper "dope" stories have had Arnall
interested in regaining the governorship.
The latest apparent confirmation of his interest
came the other day when Arnall asked
Eugene Cook, state attorney general, for an
opinion on his eligibility to run this year.
Arnall particularly wanted to know if he is
disqualified because dm-ing his dispute with
Herman Talmadge after the election, he
stayed in office five days beyond his allotted
time.
BOXOFPICE recently asked the ex-governor
of Georgia if he would run again.
Arnall laughed and replied : "If I intended to,
I wouldn't tell you, and if I didn't intend to,
I wouldn't, either. Anyway, the election isn't
until fall."
The industry's attitude toward Arnall is
mixed. He has been active in instituting
legal action in behalf of SIMPP, which has
considered him a valuable representative of
its interests. Others have criticized Arnall
for public statements considered harmful in
a public relations way.
Ai-nall has replied, in
effect: "In this industry, as in any other,
you have to raise your voice to be heard."
Emma Cox of Arkansas,
Exhibitor Leader, Dies
OSCEOLA, ARK.—Emma Cox, a onetime
bank cashier, who took over a theatre with
$60 in cash and indefatigable energy and became
one of the state's best-known exhibitors,
died here this week. She owned and operated
the Gem and Joy theatres and was a
director of the Tri-States Theatre Owners
Ass'n.
In the 1930s, while working in a bank she
was asked to assume management of the Gem
Theatre when the owner defaulted on a $1,000
note. She did, but the bank also went broke
and she bought the theatre with her small
savings. She had the theatre running profitably
in no time and then added the Joy Theatre
to her holdings.
As an exhibitor and civic leader, she was
extremely popular in the community. St.
Matthews CathoUc church was too small to
accommodate the crowd for the funeral and
a special altar was erected in the Gem Theatre
for the services.
Albert Gebhart, 63, Dies;
Was N. J. Allied Secretary
EAST ORANGE, N. J.—Albert Gebhart,
63, executive secretary of Allied Theatre
Owners of New Jersey, collapsed on the street
here Wednesday (4) and died en route to the
hospital. His home was in Sparta, N. J.
Gebhart was salesman for Paramovmt in
New Jersey for 26 years. He resigned two
years ago to join Allied. He is survived by
his wife, Bonnie Bell, and a son, George N.
Gebhart.
16 BOXOFFICE January 7, 1950