Boxoffice-March.06.1948

: March
Move for Dismissal
Of Ascap Action
NEW YORK — Louis Frohlich, counsel for
Ascap, on Wednesday ilOi
made a motion for
dismissal of the antitrust suit brought against
the music society by Alden-Rochelle. Inc.,
and 160 other members of the ITOA of New
York in U.S. district court. Judge Vincent
L. Leibell reserved decision on this and a
similar motion entered by F. Gilbert, counsel
for G. Scliirmer, music publishing firm.
Frohlich asked for dismissal on the ground
that the plaintiffs had failed to prove conspiracy
or monopoly in their agreements and
had established no cause of action. He cited
the Ascap consent decree of 1940 and said
the society has complied with it. He said the
plaintiffs had prospered dm-ing the period
they paid Ascap performing fees.
Frohlich asked for dismissal after the
plaintiffs had closed their arguments. The
last witness for the plaintiffs was Harry
Brandt. Deems Taylor also testified Wednesday.
Name Weitman, Bergman
As Associates' Aides
NEW YORK—Robert M. Weitman, managing
dij-ector of the Paramount Theatre,
has been appointed head of the entertainment
committee for the annual dinner dance
of the Motion Picture Associates, which will
be held at the Waldorf-Astoria hotel May 21.
The souvenir journal will be edited by
Maurice A. Bergman, eastern advertising
and publicity manager for Universal-International.
Ralph Pielow, MGM branch manager,
and Edward L. Hyman, vice-president
of Paramount Theatres Service Corp., will
be in charge of advertising for the book.
Leon J. Bamberger, head of RKO sales
promotion, will head the public relations
committee.
Maryland Theatremen
Elect Lauritz Garman
BALTIMORE — Lauritz Garman was
elected president of the Motion Picture Theatre
Owners of Maryland at a meeting here
recently.
Others elected: Louis Gaertner, vicepresident;
Jacob Levin, treasurer: Mrs. Helen
Diering, secretary, and directors Walter D.
Pacy, Harry Valentine, Leon Back. Meyer
Leventhal. I. M. Rappaport, Harry Silver.
Oscar B. Coblentz jr., William C. Allen, L
E. Green and H. R. Worman.
^ y Jheahes Win Baffle
On Drasfic Fireman Bill
NEW YORK—United exhibitor protests,
scathing editorials in newspapers and a barrage
of telegrams that descended on legislative
leaders in Albany caused the backers of a
new theatre tax grab to run for cover late in
the week.
On February 17 Senator Paul A. Fino,
Bronx Republican, and Assemblyman William
E, Clancy, Queens Democrat, introduced
identical measures in the two legislative
branches to compel the use of two firemen
at each performance in a theatre at the rate
of $10 per performance per fireman.
It al.so provided that theatres having 5,000
or more seats could be compelled to use as
many as 15 firemen, with a co.st limit of $1,500
a show, or $7,500 a day.
BACKED BY FIREMEN
The bill was backed by the Uniformed
Firemen's Ass'n of New York City and was
aimed to build the pension funds.
Those who inquired about the bills
were told they probably would not reach the
floor, but early last week they went on the
calendar with every indication that both Republicans
and Democrats were backing them.
An explosion resulted. All exhibitor organizations
and representatives of legitimate
theatres went to work.
A meeting was held March 7 for discussion
bill.
of the It was attended by Oscar
Doob, acting for Loew's, Inc., and the
MMPTA, and representatives of the ITOA
of New York, MPTO of Buffalo, ATO of Albany,
League of New York Theatres, and
executives of Loews, Inc., RKO, J. J. Theatres.
Paramount, Fabian, Carnegie Hall,
Metropolitan Opera Ass'n and the City Center
of Music and Drama.
At its close, Doob described the bill as
"preposterous" and said it could cost small
theatres $36,000 a year and could cost the
Music Hall and Roxy $7,500 per day.
A barrage of telegrams was sent to Albany
and Orrin G. Judd. attorney for MMPTA,
the measure.
was there battling
Harry Brandt, president of the ITOA of
New York, declared that: "If this obnoxious
bill is enacted into law, there will be no independent
theatre owners. Tliis measure
will at once do more damage to the theatres
of this state than any group of strategically
placed atomic bombs. It Is ridiculous that
a theatre should be required to pay more
than it receivees in gross revenue for the
performance of an unproductive function
"This bill is nothing more than a vicious
grab on behalf of a special group while
arbitrarily singling out another to pay the
freight."
As a result of this pressure Clancy offered
to amend the bill with the following provisions:
It would apply only to legitimate
theatres and motion picture houses with stage
shows; a maximum of two firemen would be
stationed in each of these theatres regardless
of seating capacity, and theatre operators
would pay $10 per day per man, or a
maximum of $20 per day for the two firemen.
When foes of the bill still were dissatisfied,
Clancy had the bill .sent back to the
assembly judiciary committee, which had reported
on the original measure. This means
that the bill is dead until the next legislative
session. There was not enough time to
DISPLAYS INDUSTRY'S POWER
Spokesman for the Metropolitan Theatre
Owners Ass'n, Theatre Owners of America
Albany exchange area, the Independent Theatre
Owners Ass'n. the lATSE, the League
of New York Theatres and others were
jubilant. He declared the results showed
the industry could make its weight felt on
the legislature when properly organized:
that the united front of opposition, brought
to bear on all legislators, upstate and downstate,
had killed the bill which in its original
form would have cost exhibitors 20 to 25
million dollars annually and driven a large
number out of business.
Orrin E. Judd, MPTOA counsel, and
Leonard L. Rosenthal, attorney for the TOA
Albany unit, were among those hailing the
result. They said, "it was the most impressive
triumph the New York industry has
registered in 25 years."
Pickman Returns to N.Y
NEW YORK—Jerry Pickman, Eagle Lion
assistant director of advertising and publicity,
has returned to New York with Sam
Israel, studio publicity director, after studio
conferences. On their way east they conferred
at Canon City, Colo., scene of a recent
prison outbreak, with Warden Roy Best.
Background material will be used in "Canon
City," to be produced by Brian Foy.
Archibald Convalescing
NEW YORK—George Archibald, managing
director of Independent Producers, Ltd.. J.
Arthur Rank unit, stricken with virus pneumonia,
is reported in favorable condition at
Doctors hospital in New York. He was taken
ill
in Philadelphia.
BOXOFFICE
:
13, 1948
WARNER AD HE VDS (OM I K-Mo.tins (.f W.mi.r rii.-..lr.- /one ad managers
at the company's home (rffice. Left to right, seated: .lohn H»--se, New Haven;
Ben Wallerstein. Los Angeles: Mort Blumenstock, Harry Goldberg. J. Knox Strachan,
Charles Smakwitz, Albany: James Totman. Pittsburgh: Irving Umdisch,
Cleveland:
New York, and Dan Finn. New Haven. Standing: Sidney Kane, home office exploitation:
Harrv MacDonald. Milwaukee: Everett Callow. Philadelphia: Charles
Steinberg. Bill Brumberg. Larry Golob, Herb Pickman, home office exploitation, and
George Kelly, Newark.
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