Boxoffice-January.03.1953

TOA BOARD DECISION IS
DUE
ON ENTERING D OF J I6MM SUIT
Third Dimensional Films,
Tax Repeal, Arbitration
To Be Other Highlights
NEW YORK—Highlights of the Theatre
Owners of America board meeting here
January 25-27 will be discussions of the
Department of Justice 16mm suit, third dimensional
films, the national tax rep3al
campaign and arbitration. Sessions will be
held at the Hotel Pierre.
A decision definitely will be reached on
whether to intervene as a defendant in the
16mm suit, according to Herman M. Levy,
general counsel.
An entire day will be devoted to a study
of third dimension.
TO HEAR TAX DRIVE REPORT
Pi'ogress of the tax repeal campaign will
be noted and suggestions made, which will
find their way to the Council of Motion Picture
Organizations.
The extent of discu.ssion of arbitration will
depend on developments between now and the
date of the meeting. The National Allied
board will meet January 11 in New Orleans
and take up the matter of arbitration.
After the Justice Department cited TOA as
a co-conspirator in the 16mm suit, some members
recommended that TOA apply to be
made a defendant in the action. Elmer
Rhoden, head of National Theatres Midwest
circuit, was among those urging that TOA
should not be content to remain a co-conspirator,
but should "join in the fight to clear our
name." The Albany, N. Y. unit was among
those concurring, but others expressed doubts.
TOA then called on all regional units to poll
• their members and report in time for the national
board meeting. They were asked not
only if they favored intervention procedure,
but if they favored using their screens, a
Congressional investigation or other avenues
of relief, or combinations of them. The reports
have been coming in at headquarters,
and practically a 100 per cent response is expected
in time for the meeting. Robert R.
Livingston is chairman of the committee.
DAY TO THIRD-DIMENSION
Third dimension films as a boxoffice stimulant
have caught the imagination of TOA
members to such a degree that the entire
second day of the board meeting will be devoted
to their study. The board will attend
a showing of Cinerama, which gives some of the
effect of third dimension that night, and attempts
are being made to obtain a print of
"Bwana Devil." which calls for the use of
two projectors and Polaroid spectacles, for
showing during the day.
Pat McGee, co-chairman of the COMPO
tax repeal committee, will report on the progress
to date and future strategy, and caixy
suggestions and new offers of assistance back
to COMPO, through which the industry-wide
effort functions. McGee has recently reported
gratifying cooperation on the part of all exhibitors,
regardless of affiliation. Alfred Starr,
Arbitration Discussions
On New Year Sidetrack
NEW YORK—Chances for any further discussions
of ai'bitration before the Allied directors'
meeting in New Orleans January 11
are slim.
Something might happen between that date
and the Theatre Owners of America board
meeting scheduled for New York January
25-27, but nothing definite was in sight during
the week. What stand, if any, Allied leaders
may take at New Orleans could have some
bearing on the next moves.
TOA president, has reported strong TOA regional
support.
"Theatre television will occupy an important
place on the agenda similar to that during
the national convention when Robert H.
O'Brien, secretary-treasurer of United Paramount
Theatres, told how installations had
increased within a year, how demonstrations
have held out the promise of color television
in theatres in the near future, and how National
Exhibitors Theatre Television Committee
is cooperating with the Motion Picture
Ass'n of America in an appeal to the Federal
Communications Commission for special theatre
TV channels.
Leon Levenson will report on a proposal at
the national convention that a quarterly report
be issued on concessions. No definite action
was taken on the proposal, but the board
may reach a decision after hearing Fitzgerald.
He has been checking with exhibitors and
presidents of candy, beverage, ice cream, popcorn
and equipment companies. The board
will
take up the matter of a recommendation
to manufacturers that packages be made so
that the contents will be visable, and that
retail price markings be eliminated.
Jack Braunagel is expected to report on
drive-in theatres. Present plans do not call
for any extended discussion of public relations,
state and local legislation, research,
theatre equipment and accessories and codes
and ordinances, because of the already
crowded agenda.
Charles Skouras is chairman of the board.
Others besides those already mentioned who
are scheduled to attend are S. H. Fabian, Alfred
M. Pickus, E. D. Martin, John Rowley,
Roy Cooper, Myron Blank, Mitchell Wolfson,
M. A. Lightman sr.. Mack Jackson, Sam B.
Ku-by, William Ruffin jr., Sherrill C. Corwin,
Charles R. Gilmour, Sidney Lust, Nat Williams,
George Kerasotes, C. E. Cook, Guthrie
F. Crowe, Tom Bloomer, Howard Kennedy,
Walter Reade jr., Marlin Butler, Harry Lamont,
Merritt A. Kyser, H. P. Kincey, George
Eric Johnston, president of the Motion Picture
Ass'n, who had talks with both distributor
and exhibitor leaders following his recent
return from South America, went to
Spokane for the Christmas holidays and
scheduled his return for Monday (5). He is
due in Honolulu January 8 for a talk before
the Chamber of Commerce there.
Wilbur Snaper, Allied president, attended
the informal arbitration talks in Johnston's
office recently and is expected to report at
the New Orleans meeting.
Nine of the 22 regional TOA units have
endorsed arbitration and have authorized the
board of directors to go ahead on further
negotiations. There has been no opposition
and the board is ready to resume.
D. Carpenter, Morris Loewenstein, Lewen
Pizor, Edward M. Fay, Walter L. Morris,
Henry Reeve. Morton G. Thalhimer, B. H.
Palmer and Mrs. Elizabeth M. Pugh.
Order Jackson Park, Towne
To Bid for Product
CHICAGO—Tile circuit court of appeals reversed
lower court decisions December 23,
and ruled that the Jackson Park Theatre,
Chicago, and the Towne Theatre, Milwaukee,
both successful in previous antitrust litagation,
are not entitled to. preferred playing time
and automatic flat rentals, but must bid
against competing theatres for product, where
bidding is involved. Thomas McConnell,
counsel for Towne Theatre, stated that he
would carry the case to the Supreme Court.
Under the Jackson Park decree, distributors
here have been licensing product to the
theatre on flat rentals, even where competing
houses sought the same pictures and were
willing to bid for product.
A similar situation obtained in Milwaukee,
as a result of the Towne's successful antitrust
action, was heard in the federal district
court here.
Appeal of the Jackson Park case was
brought by Loew's, while the Towne action
was appealed by eight major film companies
and Milwaukee exhibitors. Appeals were
merged by agreement of attorneys and the
court as the cases involved the same principals.
Judges Kerner, Major and Finnegan concurred
in the opinion, although Judge Kerner,
who died last week, had not signed the opinion
before his death. Jackson Park case
heard in the district court by Federal Judge
Michael Igoe, was instituted when James
Coston, head of Coston circuit, purchased
three Warner houses and sought to bid
against the Jackson Park for MGM pictures.
Judge Igoe ruled the Jackson Park was entitled
to first opportunity on a flat rental
basis, and Loew's appealed.
BOXOFFICE January 3, 1953