Boxoffice-Febuary.18.1956

;
February
Having Difficulty Getting
Exhibitor Affidavits
MINNEAPOLIS— North Central Allied is
having a tough time getting affidavits from
exhibitors in this territory to back up its
charges to be presented at the Senate Small
Business Committee hearings that small theatres
aren't able to buy top boxoffice pictures
on a basis of ability to pay.
A complaint that enough affidavits aren't
coming in is made in the current issue of the
NCA bulletin. Curiously enough, the president
of NCA is Ben Berger who is chairman
of Allied's Emergency Defense Committee and
in charge of marshalling testimony to be
presented to the Senate group.
Stanley D. Kane, the association's executive
secretary, attributes the lack of response
to fear by exhibitors of distributor "retaliation."
He assures members that NCA will
see to it that "there will be no retaliation.
If, however, there is any distributor effort
to retaliate because you gave an affidavit,
we will see to it that you will not be harmed.
Also, if you wish to keep your name confidential,
we will arrange it that way."
In this quick second appeal for affidavits,
Kane tells the exhibitors "if you want us to
help you. if you want to help yourself, you
must cooperate with your organization." He
explains if they don't want to make an affidavit,
following an enclosed form, they
can just write a letter telling exactly how
exorbitant the film rentals were "that made
it impossible for you to operate successfully."
"In the case of those pictures that you
have purchased in order to keep your doors
open," Kane instructs the exhibitors, "tell us
the prices you paid and the results. Tell us
exactly what top pictures you have been unable
to buy the past two or three years.
"We are particularly interested in the
Buena Vista pictures. If you have not played
them give us the reason for it. In the case
of this company also let us know if they refuse
to call on you or do business with you.
"The same questions apply to other companies'
pictures. If you did not play any
of the following pictures (eight past top boxoffice
releases of various distributors are
specified), let us know why. If you did, tell
us about the terms and the results. Tell us
about any other big pictures that you wanted
to buy, but couldn't.
"I repeat: Send us an affidavit or write us
a letter in connection with this most urgent
request. Remember that if you don't wish
to have your name revealed, we shall be glad
to abide by your request.
"But send us either an affidavit or a letter.
This is the ammunition that we need to fight
with if we're to succeed in our present fight
to help you get the top pictures at prices
you are able to pay and still emerge with a
reasonable profit. You can go back in your
records for the past three or four years. This
is your last chance and ours, too."
A definite date for the hearing is pending.
Berger, Stockholder in Most Majors,
Sees No Inconsistency in EDC Role
MINNEAPOLIS—Ben Berger, North Central
Allied president and national Allied's
Emergency Defense Committee chairman.
who is
regarded as one of the industry's most
inveterate and belligerent foes of the film
companies and who is
engaged much of the
time in fighting them in small exhibitor's behalf,
admits to being a stockholder in many
of the companies that he's battling.
Berger, who says he bought the stocks because
he considers them a good investment.
doesn't believe that he's biting the hand that
helps to feed him in fighting currently for
lower film rentals for small exhibitors even
if it requires government regulation of such
rentals to accomplish this.
In his opinion, there's nothing paradoxical
in his actions because he believes that
in the long run the film companies and the
industry generally and he, as a film company
stockholder, will benefit if the extinction of
the smaller theatres is halted. And it's his
belief that if these theatres are allowed to
buy the top pictures on an ability to pay
basis many of them can be saved.
Berger argues as an owner of common
stocks in most of the major film companies
and therefore one of their owners that the
distributors' current sales policies, while, perhaps,
temporarily garnering greater profits,
are destructive for the long range and, in the
end, stockholders will wind up behind the
eight ball if they're continued.
"So I don't feel I'm being unselfish in
this matter, although I believe I'm incapable
of selfishness," explains Berger. "As North
Central Allied president, I represent some 500
small exhibitors who are in bad shape because
of the film rental situation and it would be my
duty to fight for them. The present sales
policies are not only killing the small-town
and subsequent -run theatres, but also driving
many people out of the moviegoing habit because
they don't have the chance to
see top
pictures that are kept out of their towns by
exorbitant terms."
Berger, who is blamed for/or credited with
originating the idea of a fight for government
regulation of film rentals, was recently
denounced by a tradepaper editorially for having
made "millions" from the film industry
as an exhibitor and now allegedly showing
his ingratitude by injuring the industry by
trying to bring about federal intervention.
He doesn't deny he's a millionaire, as
charged. His holdings include a dozen theatres
and the foundation of his fortune was
exhibition. He also is a part owner of the
Minneapolis Lakers, NBA professional basketball
team, one of the leading Minneapolis
restaurants, much real estate and many other
holdings. He's a heavy contributor to charities.
He has been in exhibition 35 years.
Buena Visia Names
2 Division Heads
James O'Gara Jesse Chlnich
NEW YORK—Two new top sales posts have
been created for Buena Vista Film Distribution
Co. by Leo P. Samuels, president and
general sales manager. James O'Gara has
been named eastern division manager and
Jesse Chinich has been named western division
manager. Both O'Gara and Chinich have
been home office sales supervisors since formation
of Buena Vista more than two years ago.
They will continue to make their headquarters
in the New York office.
The new executives will report to Irving H.
Ludwig, domestic sales manager, who has
divided the district offices as follows: Eastern
—New York, Boston, Atlanta, Cleveland.
Philadelphia and Canada; Western—Chicago,
Denver, Dallas and Los Angeles.
Before joining Buena Vista, Chinich was a
film buyer for Paramount Theatres. O'Gara
joined the company after five years as division
manager for Republic. Prior to that he
was with Warner Bros, and 20th Century-Fox.
Likens Pay TV to Putting
Turnstiles on City Parks
NEW YORK—Pay-as-you-see television is
like putting turnstiles on city parks and libraries
and charging admission, says Louis
Hausman, vice-president of Columbia Broadcasting
System.
"When in operation." he declared, "it would
black out the channels dedicated to the use
of the entire public except to those willing
and able to pay; and, if successful, would
siphon, from free television, all the popular
programs now being broadcast free. For the
first time it would divide the television audience
along economic lines, reducing to second-class
citizens those who cannot afford
to pay for their television programs."
Hausman also said pay-as-you-see television
would be a "betrayal" of more than four million
families in the New York area. His statement
was one of the features of a hearing
before the rules committee of the New York
City Council. Then he suggested that free
baseball would disappear. He derided the
prediction of those favoring pay TV that
educational programs would be introduced.
The hearing was on a resolution of Abe
Stark, council president, calling upon the
Federal Communications Commission to
"protect" the public against the "threat" of
pay-as-you-see.
Opponents had a field day, as none of
those favoring pay TV put in an appearance.
James M. Landis, counsel for Skiatron. wrote
that the hearings were a waste of money.
Councilmen went on record opposing toll TV.
22 BOXOFFICE :
18, 1956