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Boxoffice-May.03.1952

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Brandt, Weisman Keep<br />

Trans-Lux Control<br />

NEW YORK—Harry Brandt and Milton C.<br />

Weisman retained control of the management<br />

of Trans-Lux Corp. Friday (25) when the<br />

board of directors received 325.064 votes as<br />

against 215,575 for a board nominated by a<br />

stockholders committee trying to oust them.<br />

The winning slate is composed of Chester<br />

Bland, Brandt, Robert Daine, Jay Emanuel,<br />

Percival E. Furber, Percy N. Furber, Aquila<br />

Giles, Herbert E. Herrman, Edison Rice, Lee<br />

Shubert, Jacob Starr, Joseph Viertel, Ralph<br />

Wiener and Weisman.<br />

SEEKS TO VOID ELECTION<br />

H. Gardner Ingi-aham. attorney, who led<br />

the attack for the stockholders committee, has<br />

appealed to the Securities and Exchange<br />

Commission to void the entire April 25 election<br />

of the Trans-Lux board. Ingraham, who<br />

represents George G. Mason, a member of<br />

the stockholders committee, said that the<br />

SEC had been furnished exhibits and affidavits<br />

which seek to show that the Trans-Lux<br />

management used soliciting material for proxies<br />

alleged to be false and misleading, in violation<br />

of the commission's proxy rule. Ingraham<br />

requested a re-solicitation of proxies<br />

and a new election.<br />

In addition to Mason, others on the stockholders<br />

committee are: Mrs. Elizabeth King<br />

Black, Norman W. Elson, Peter H. Mortenson,<br />

Walter Siemers, Jerome B. Ross and<br />

Eugene R. West. Ingraham claimed that a<br />

four-to-one ratio of individual stockholders<br />

sending proxies to the committee showed dissatisfaction<br />

with the management "amounting<br />

to a grassroots revolt." He said the incumbent<br />

directors and their families and known<br />

friends or relatives and employes owned more<br />

than 30 per cent of the outstanding shares.<br />

READING DEFERRED A YEAR<br />

The committee also lost out on a proposal<br />

for an investigation by the board of specific<br />

charges of mismanagement, but another proposal<br />

calling for the reading of the minutes<br />

of preceding annual meetings was carried by<br />

a vote of 217,781 to 211,805. Ingraham then<br />

asked Percival E. Furber, chairman of the<br />

board and president, to have the minutes of<br />

the last meeting read so that "any grave<br />

omissions or inaccuracies" could be corrected.<br />

PXirber said the vote meant they would be<br />

read next year, not then. Weisman said the<br />

idea was not to prolong the meeting, which<br />

had opened the previous day, and that minutes<br />

were not read at most corporation meetings.<br />

He said they would be supplied stockholders<br />

individually. It was then voted to<br />

defer the reading.<br />

Weisman said the company had weathered<br />

an economic storm and that he hoped dividends<br />

would be resumed soon. He spoke of<br />

a "grave recession" in the industry, with "all<br />

companies steadily going downhill in the past<br />

four years," and attributed it to television, a<br />

lack of pictures and installment buying. Ingraham<br />

asked for a reduction in administrative<br />

expenses, which he said had risen, and<br />

said that Guild Enterprises theatres operated<br />

by Elson, whom the committee had wanted<br />

to manage Trans-Lux, had been doing an<br />

Increasing business.<br />

Your help appreciated—run the Cerebral Palsy<br />

trailer. Avoiloble from May IS to July 1.<br />

TV Patents Declared<br />

Safe in UPT Merger<br />

WASHINGTON — Paramount Television<br />

Vice-Piesidcnt Paul Raibourn concluded his<br />

third appearance during the course of the<br />

long-drawn-out FCC hearings on the proposed<br />

ABC-UPT merger with a denial that<br />

Paramount would have any reason for attempting<br />

to suppress theatre television patents.<br />

FCC Counsel Arthur Gladstone, on top of<br />

earlier accusations by FCC lawyers to the<br />

effect that Paramount had sought to suppress<br />

Scophony's theatre TV and subscriber<br />

TV patents, indicated his belief that Paramount<br />

had used the same suppression<br />

methods on the DuMont Laboratories, operators<br />

of the DuMont Television Network.<br />

Raibourn said that Paramount was very<br />

much interested in the development of theatre<br />

television and that he, himself, had always<br />

felt large-screen TV would prove to be<br />

"of immense advantage" to theatres.<br />

ABC and DuMont followed the lead of CBS,<br />

which on the day before had submitted its<br />

film rental figures covering 1951 for the hearing<br />

record.<br />

DUMONT FILM EXPENDITURES<br />

DuMont during 1951 said it had spent<br />

$533,098 for all types of films, of which $240,-<br />

500 went for rental of motion picture features:<br />

$286,147 for films made especially for<br />

TV, and the balance for other types of film.<br />

During 1951, ABC spent a total of $1,310,195<br />

for films, of which $884,259 went for rentals of<br />

feature motion pictures and the balance for<br />

other types of film. ABC was the only one<br />

of the three TV networks which did not devote<br />

more of its investment for films to those<br />

especially made for television than to the<br />

Hollywood product. ABC reported it had<br />

shown no specially made films during the<br />

year, although it had produced two such films<br />

on a "pilot" basis.<br />

Balaban anci Blank<br />

Excused at Hearing<br />

WASHINGTON—The FCC hearings on the<br />

proposed ABC-UPT merger limped along last<br />

week through mountains of ancient letters<br />

which FCC counsel had secured from Para-<br />

mount and United Paramount Theatres files<br />

and which were offered as Indlcatloas that<br />

during the late 208 the Balaban & Katz chain<br />

had tried to suppress competition illegally in<br />

the Chicago area.<br />

Tlie witne.s-s, until Friday afternoon, was<br />

Paramount Pictures President Barney Balaban,<br />

and many of the letters had been written<br />

by or to him, or to third parties with<br />

copies to Balaban. He .said he failed to remember<br />

almost all of the 25-year-old correspondence.<br />

JOHN BALABAN ILL<br />

On Friday, the witness was advised that his<br />

brother John Balaban was seriously ill In<br />

Chicago and he was excu.sed for a time. No<br />

date ha.s been set for his return. UPT Director<br />

A. H. Blank's appearance was postponed<br />

on somewhat similar grounds. His wife Ls<br />

.seriously ill.<br />

Paramount television Vice-President Paul<br />

Raibourn took the stand on Friday. Hearings<br />

were recessed over Monday and Tuesday<br />

and resumed on Wednesday with Raibourn<br />

still the witness, as he will likely be until the<br />

end of this week. Raibourn was again quizzed<br />

about the Scophony theatre television and<br />

subscriber television patents, with the FCC<br />

attorneys still trying to establish an attempt<br />

on the part of Paramount to suppress TV<br />

patents. Arthur Levey, Scophony president,<br />

is tentatively scheduled to appear Monday to<br />

tell the Scophony side of the Paramount-<br />

Scophony relationship.<br />

Columbia Broadcasting System on Wednesday<br />

(30) put into the hearing record the<br />

figures on film rentals it had paid during<br />

1951.<br />

UPT Executive Tours<br />

NEW YORK—Edward L. Hyman, vicepresident<br />

of United Paramount Theatres, and<br />

Bernard Levy, his assistant, left Tuesday (29)<br />

for visits to Chicago, Salt Lake City, Los<br />

Angeles and San Francisco. Hyman will attend<br />

the MGM "Seeing Is Believing" conference<br />

in Los Angeles May 8-10 and discuss<br />

plan.s for the Memorial day reopening of the<br />

Paramount Theatre after improvements. He<br />

is expected to return May 27.<br />

AT OPENING OF LUXURY THEATRE—Among those who attended the invitation<br />

opening of the Beekman Theatre, new Rugoff & Beciier house at 66th street on Second<br />

avenue Monday were, left to right: Irving Lesser, produoor's representative, with Mrs.<br />

Lesser, and S. Barret McCormick, director of advertising for RKO, with Mrs. McCormick;<br />

Edward N. Rugoff, co-owner of the Beekman; Greer Garson, MGM star, and<br />

Leo McCarey, Paramount producer-director of "My Son John."<br />

BOXOFHCE May 3, 1952 N 37

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