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when Judge Prior Censorship Rapped In Supreme Court Brief WASHINGTON— U. S. Supreme Court action abolishing laws which permit motion picture censorship was sought Wednesday i24i through the filing by Times Film Corp. of a comprehensive brief challenging the constitutionality of a Chicago ordinance requiring censorship before any grant of an exhibition permit. Defendants are Mayor Richard J. Daley and Police Commissioner Timothy J. O'- Connor. The court has agreed to review during its fall tei-m the Times Film case against Chicago. That concerns "Don Juan" which Times Film refused to submit to censorship when it asked for an exhibition license in December 1957. The action is not based on content of production, which is an adaptation of Mozart's opera, "Don Giovanni," but solely on the issue of prior censorship. Favorable action by the court could have far-reaching effects. BRIEF CONTAINS 38 PAGES Felix J. Bilgrey, counsel, filed a 38-page printed brief. He argued that existing provisions should be voided "as standing in the way of the freedom of expression guaranteed by the First and Fourteenth Amendments." The high court was asked to reverse decisions of the U. S. District Court for the Northern District of Illinois, Eastern Division, which upheld the city's refusal of a license, and the U. S. Court of Appeals for the Seventh Circuit, which upheld the district court. Bilgrey disputed court contentions that "it is common knowledge" that the motion picture industry does not "exercise a wholesome, voluntary censorship" over its product as do "the responsible owners of newspapers and television broadcasting systems" over their product. The brief pointed out that "the alleged dangers over which the lower court suggests exist in Chicago, exist no less in the vast majority of our states and cities where no prior censorship is present." It added that "in addition to Chicago, only a handful of cities and four states iNew York, Virginia, Kansas and Maryland' impose prior censorship," and "the court may take judicial notice that the standard of morality is at least as high in the vast number of states and cities which have no censors as it is in Chicago." ASSAILS PRESSURE GROUPS In a statement cabled from Europe. Jean Goldwurm. president of Times Film, spoke out against "throttling screen restrictions" and said he hoped the action would "lead to the eradication of the infantile practice" of prior censorship. He accused the Chicago censors of yielding to the influence of pressure groups. Times Film has won censorship victories In Massachusetts and Maryland. It is supported in its present action by the American Civil Liberties Union, Motion Picture Ass'n of America and Independent Rim Importers and Distributors of America, which have filed briefs as friends of the court. Prefers To Television Theatre Comfort 'Hot Air' NILES, OHIO—An editorial appearing recently in The Niles Daily, headed "Movie Is Good Relief." boosted the reopened Robins Theatre, which had been closed for six months after being damaged by fire. The following comment was made: "With all the hot air television viewers have had to endure during the national political convention, the air conditioning found in a good movie is a welcome relief. "After six months of doing without local movies, the films being shown at the newly remodeled Robins Theatre are pleasant relaxation indeed. "Television will never replace the movie as the way to wind up a good evening's entertainment." The Robins, the only theatre in this town of over 16,000, is a unit of a chain of theatres belonging to the Robins Amusement Co., Warren, Ohio, headed by Leon Enken jr. COMPO Ad Warns Editors Of Censorship Dangers NEW YORK—A warning to newspapers that leaders of the film censorship campaign would like also to censor newspapers was stressed in the 119th Council of Motion Pictui-e Organizations advertisement in Editor & Publisher. It appeared Satuiday (20k The ad said that several newspapers realize the danger but that others either don't recognize it or appear indifferent. It cited a Pennsylvania law which provided penalties for newspapers publishing film ads disapproved by the censorship board, and noted that "we have no record of any serious newspaper opposition." The Court of Common Pleas of Dauphin County found the law unconstitutional. "Newspaper editors and publishers, it seems to us," the ad said, "should be the first to realize that if censorship is allowed to grow in one field, it will soon spread to others, including their own protected pastures." Reissue Use of 'Exodus' Title Disputed in Court NEW YORK—United Artists and Carlyle Alpina, Swiss branch of Otto Preminger's production company, asked a temporary injunction Tuesday i23i in State Supreme Court to prevent the Exodus Motion Picture Co. and Bernard K. Hoffer from using the title "Exodus. " Henry Epstein reserved decision. Hoffer plans to reissue an Italian film produced in 1949 which was titled "The Earth Cries Out " released in the U. S. in 1953. United Artists plans December release of the Preminger film "Exodus." Ticket Taxes Repealed In 70 Municipalities NEW YORK—Seventy local admission taxes were repealed and 16 reduced during 1959, leaving approximately 331 such taxes in force compared with 538 the end of 1956, a Council of Motion Picture Organizations survey has revealed. COMPO began its first survey Jan. 1, 1956. Charles E. McCarthy, executive secretaiT. hailed the local tax situation as "most encouraging." At least 18 local admission taxes In Tennessee were dropped July 1, 1959. by an act of the state legislature revoking the right of municipalities to impose such taxes. Knoxville, which acts under a special privilege revenue act, is now the only Tennessee municipality with a local admission tax, according to COMPO. McCarthy said that one of the most encouraging aspects was that, except for. two cities in Alaska which raised their local sales taxes applicable to admissions from two to three per cent, the COMPO, survey has failed to show any new or increased local taxes on admissions. He ui-ged exhibitors to continue campaigning for outright repeal of the taxes, which he described as discriminatory and a serious threat to the existence of many small theatres. He cited successful efforts for repeal in Philadelphia, Columbus, Ohio: Binghamton, N. Y.: Bethlehem, Lancaster and Wilkes-Barre, Pa.: San Diego, Rock Island and Moline, 111.: and Everett, Wash., among others, and substantial concessions obtained in New York, Richmond, Cincinnati and other places. "Exhibitors should not be discouraged,' McCarthy said, "if their first repeal campaign ends in failure, as many battles have been won through persistent efforts. COMPO will continue to make available to local exhibitors opposing such taxes all the material available in its files, and furnish whatever assistance it can to local tax committees." Resumption of TOA-SPG Talks Set for Sept. 9 NEW YORK—Discussions looking toward closer cooperation between The Screen Producers Guild and Theatre Owners of America will be resumed September 9 by liaison committees of both groups at the Ambassador Hotel in Los Angeles, according to Walter Mirisch. SPG president, and Albert M. Pickus, TOA president. Last winter's sessions were interrupted by the actors' strike. The new sessions willbe held on the arrival of TOA officers In Los Angeles for their 13th annual conven-. tion, which will open September 13. Mirisch will be the principal speaker at the TOA September 15 luncheon when he will reporti on the sessions from the producers' viewpoint. The TOA liaison committee consists ol Sidney M. Markley, S. H. Fabian, George, G. Kerasotes and Roy Cooper, with Pickus; serving ex-officio. The SPG committee consists of Arthur Freed, Jerry Wald, Frank Rosenberg and Jerry Bresler, with Mirisch serving ex-officio. Julian Blaustein. SPG first vice-president and a member of the committee, will be in Europe and unable to attend. 10 BOXOFnCE August 29. 1960
ir I lelegates to WOMPI !)onvenlion Named TORONTO—Florence Long, a veteran of 2 years on Toronto's Filmrow, has been appointed convention chairman for the seventh annual convention of Women of the Motion Picture Industry to be held at the Royal York Hotel here September 9-11. Miss Long is a charter member of the Toronto WOMPI chapter and has served as its president. Florence Long Miss Long's ap- ,)ointment was made by Mable Guinan of Dallas, the national president. Members of the Toronto chapter who are erving on convention committees are: Mae Sage, Daphne Lockhart, Ann McLean, Millie 'mith, Viola Creighton, Irene Thomson, Roe /odcly, Isobel Worde, Morion Kodey, Florence '.rohom, Agnes Byford, Dorothy Coomb, Gladys ownsley. Hildegarde Koblich, Elsie Waldron, Olive Copleston, lorv Sasaki, Mary Colangelo, Ruth Frankson, Jean Kitty Fisher, Margaret Wills, Will: Virgil :ittley, Jean McLennan, Joan Shields, Marjo |ichards, ston, Ethel Jordan, Doris Heenohan, Marie I'uinland, Catherine Anderson, Kerry Watt, Lois (kinner and Frances Low. Mrs. Guinan will preside at the business iiieetings, assisted by Association viceiresident Helene Spears, recording secretary Myrtle Cain, corresponding secretary ,losa Browning, treasm-er Viola Wister and 'mmediate past president Gene Barnett. |)ne of the highlights of the convention Jill be the presentation of the annual i.wards for service, attendance, publicity Ind public relations. The following official delegates will repesent the 11 member WOMPI Clubs: Atlanta—Mr: Jean Mullis-Mrs. Johnnie Barnes. Nell Middleton-Martha Chandler. illos—Marie Powers-Thelma Jo Bailey. Alter- ;—Sue Benningfield-Mrs. Ora Dell Lorenz. 'nver—Mrs. Toni Dyksterhuis-Mrs. Bernice Gil- Alternates—Anno Belle Miller-Mrs. Ivy Tullos. s Moines— Leone Matthews-Nola Bishop. Alter- =— Joyce Brain-Mrs. Pauline Mosier. cksonville—Mrs. Philomena Eckert-Mrs. Mary Alternates—Mrs. Ida Belle Levey-Flora -Lois Evans-Mrs. Genevieve Lovell. Alter- Mory Kotherirw Boker-Mrs. Katherine orty. -Audrey Bernice St, Louis—Morcella DeVmney- Jane Smoller. Altertes—Mrs. Catherine Foy-Theresa Boheim. Toronto—Mrs. Ruth Fronkson-Florence Long. Alter- *|=i—Olive Copleston-Mary Sasoki. jren Flags' for Labor Day NEW YORK—Dino DeLaurentiis "Under ren Flags," filmed in Italy for Paramount lelease with Van Heflin, Charles Laughton nd Mylene Demongeot starred, will be -tie Labor Day attraction at theatres Iftroughout the U. S. John Ericson, Alex |ficol and Eleonora Rossi-Drago are l3atured in the picture under the direction f Duilio Coletti. Continental to Release 14 Films in Next 10 Months OAKHURST. N. J.—The acquisition of 14 features to be distributed by Continental Distributing during the next ten months and the company's branching out into coproduction were the chief topics of discussion at Continental's first annual sales meeting at the Walter Reade, Inc. homeoffice last week. Walter Reade jr., chairman of the board of Continental, made the introductory address, discussing the company's growth in the past seven years from distributing two pictures a year to the present 14 within a ten-month period. Plans were announced for the opening of two new sales offices before the end of 1960. Carl Peppercorn, vice-president and general sales manager, presented the release program, starting with "The Entertainer," starring Sir Laurence Olivier, which will have its American premiere at the Sutton Theatre in New York in September following the company's cuiTent "School for Scoundrels"; "General della Rovere," starring Vittorio de Sica and directed by Roberto Rossellini, which will open at the Paris Theatre in the fall, and "Modigliani of Montparnasse," starring the late Gerard Philipe and Lilli Palmer, which will open at the Baronet Theatre shortly. "Angel Baby," which was produced in the south last spring, starring George Hamilton, Salome Jens, Joan Blondell and Mercedes McCambridge, will have its world premiere in Florida. Projected advertising and sales campaigns on these and the other releases in the 1960-61 program were discussed by Sheldon Gunsberg, vice-president in charge of advertising and publicity, and William O'Hare, director of that department. The pictures include Continental's three coproductions now before the camera Walter Reade jr. Carl Peppercorn in Europe: "The Mark," starring Maria Schell, Stuart Whitman and Rod Steiger; "The Hands of Orlac," starring Mel Ferrer and Dany Carrel, and "The Long and the Short and the Tall," starring Laurence Harvey and Richard Todd. Other Continental acquisitions include "Une Vie," starring Maria Schell; "The Cheaters," with Jacques Charrier and Pascale Petit; "The Circus World," with international circus stars; "The Man Who Wagged His Tail," starring Peter Ustinov, and "It Happened in Broad Daylight," with Michel Simon and Heinz Ruhmann. Irving Wormser, president, spoke about the company's expansion of its sales force through the opening of new offices throughout the U. S. Guest speakers included: Monroe Greenthal and Herbert Hauser of the Monroe Greenthal agency and Warren Cowan of Rogers and Cowan public relations firm. Also attending the meeting were Continental's salesmen from Atlanta, Boston, Chicago, Cincinnati, Dallas, Los Angeles, San Francisco and Washington, D. C, who all resided in Asbury Park, N. J., adjacent to Oakhurst, during the meeting. Chicago Independent Producer Plans Adventure Film in the Himalayas CHICAGO—A Chicago film industry first was scored with the announcement that an independent producer here will tell the motion picture story of Sir Edmund Hillary's new venture next month in the Himalaya mountains in search for the "abominable snowman." Fred A. Niles Film Productions. Inc. will produce the color feature release of the nine-month mountain adventure. Agreement of the motion picture rights to the expedition was made between the company and Field Enterprises, Inc., sponsors of the new Hillary exploration. In making the announcement, Fred A. Niles, president of the film company, said, "This is an important step in oiu' goal to place Chicago as a leading motion picture center. Oiu- city has established itself in the field of commercial and industrial films and now it's time to show that we also have the talent and facilities for entertainment fare." Producer of the film will be Fred Niles. Gordon Weisenborn will be director, and Jack Whitehead, who is director of cinematography at the Niles Studio, is the technical consultant in photography of the Himalayan expedition. The Niles organization has attained unusual success in the four and a half years of its organization. It is recognized as one of the leading producers of TV films, and took five top awards at the TV film festival held recently in New York. The forthcoming Himalayan expedition is its first venture in feature-length theatrical releases. Another feature, a murder mystery, will go into production at the Chicago studios. Niles said he plans to produce at least two feature-length theatrical releases a year. MGM to Start "Ada' in October HOLLYWOOD — Metro-Goldwyn-Mayer has set an October starting date on "Ada," upcoming film for which they have signed Harriet Frank jr. and Irving Ravetch to script. Lawrence Weingarten produces the film, with Daniel Mann directing. :0XOFFICE August 29, 1960 11
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