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Boxoffice-April.17.1948

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Raichle<br />

British Withdraw Plans<br />

For State Film Bank<br />

LONEKDN — The British government has<br />

abandoned its plans for a state film bank<br />

because of the difficulty of guaranteeing delivery<br />

of completed product, according to<br />

Harold Wilson, president of the board of<br />

trade. Speaking before the Ass'n of Cinematograph<br />

Technicians, Wilson assured the<br />

group that the British tax settlement specifically<br />

provides that American production<br />

in England shall not go beyond the limits<br />

of fair competition and shall not harm<br />

existing film interests here.<br />

Wilson reported that about $1,000,000 from<br />

British film earnings in the U.S. last year<br />

will be remitted. He said British films earned<br />

$4,000,000 in America, but most of the revenue<br />

was invested in the U.S.<br />

Altliough the film bank has been ruled<br />

out, Wilson intimated that the government<br />

may arrange to provide financial aid for<br />

qualified independent producers. The proposal<br />

for government-owned studios still is<br />

under consideration, he said, but any action<br />

on this would not be taken in the immediate<br />

future, he said.<br />

He advised both management and labor to<br />

avoid "restrictive practices." He told the<br />

group that current unemployment in the industry<br />

is a temporary condition due to the<br />

film tax problem and will be ironed out as<br />

soon as the settlement agreement goes into<br />

effect.<br />

'Arch' Benefit Opening<br />

For Overseas Aid of UN<br />

NEW YORK—A benefit opening of<br />

"Arch<br />

of Triumph" will be held at the Globe Theatre<br />

April 19 for the "Crusade for Children"<br />

of American Overseas Aid-United Nations<br />

Appeal for Children. The benefit, which will<br />

precede public opening April 20, will be the<br />

major event of the New York City campaign<br />

of AOA-UNAC, of which Spyros P. Skouras<br />

is general chairman.<br />

Mrs. Douglas Gibbons is chairman of the<br />

benefit committee and Mrs. Marian Averell<br />

Dougherty, vice-president of the American<br />

Aid to France, Inc., is vice-chairman. Mrs.<br />

Orvil E. Dryfoos is chairman of the junior<br />

committee. Tickets for the benefit will be<br />

priced at $10 and $5.<br />

Richard Collins Is Dead;<br />

Was Veteran at Capitol<br />

NEW YORK—A requiem high mass was<br />

held at St. Agnew church, Monday (12), for<br />

Richard Collins, 55, assistant manager at the<br />

Capitol Theatre. He died after an Illness of<br />

.several weeks. Interment was at the Long<br />

Island National Cemetery. Farmingdale, L. I.<br />

Collins is survived by his wife and two children,<br />

Richard and William.<br />

Collins had been with the Capitol for 26<br />

years. He started in 1922 as an usher. In<br />

1933 he was appointed assistant manager.<br />

French Newsreel for TV<br />

NEW YORK—The French newsreel, "Les<br />

Actualites Prancaises," will be integrated with<br />

American newscasts for television showings<br />

according to A. F. Films, American distributor.<br />

Six video stations have contracted for<br />

the weekly one-reel film, which contains<br />

eight to 12 subjects dealing with current<br />

events In continental Europe and Africa.<br />

Untrue Figures Necessary,<br />

Buffalo Rivoli Head Says<br />

BUFFALO—Tax statements listing<br />

the late<br />

Nicholas J. Basil as vice-president of the<br />

Rivoli Operating Corp. were produced in U.S.<br />

district court here by the corporation's president,<br />

Stanley Kozanowski. Attorney Edward<br />

C. Raferty requested the statements after<br />

Kozanowski had denied that Basil was ever<br />

an officer of the corporation.<br />

The Rivoli Corp., which operates the Rivoli<br />

Theatre, is suing 11 motion picture producers,<br />

distributors and exhibitors for allegedly<br />

conspiring to prevent it from getting<br />

first run pictures on an equal basis with<br />

the Roosevelt, which is operated by Shea<br />

interests.<br />

Kozanowski said that he employed Basil,<br />

operator of "six or eight" neighborhood theatres<br />

in 1934 to book pictures for him. He<br />

said that as an independent he had difficulty<br />

booking pictures in competition with<br />

circuits.<br />

SOME STATEMENTS INCORRECT<br />

On another occasion, Kozanowski admitted<br />

he prepared and submitted false statements<br />

to Paramount Pictures, and Loew's, two of<br />

the defendants in the $3,000,000 damage suit.<br />

The statements, submitted at the request<br />

of the distributors, purported to show the<br />

gross receipts obtained by the Rivoli from<br />

the showing of certain pictures. From this<br />

statement of gross income the amount of<br />

rental paid to the distributor or the amount<br />

of adjustment to which the theatre was entitled<br />

if the picture was not a success was<br />

determined.<br />

Frank G. Raichle, attorney for four of<br />

the defendants, asked Kozanowski on crossexamination:<br />

"When you submitted these false statements,<br />

it was your purpose, wasn't it. to cheat<br />

the distributors out of their rental to which<br />

they were entitled?"<br />

"I had to do it to break even and exist,"<br />

Kozanowski responded.<br />

"Did you submit false statements to all<br />

HONORED—Ingrid Bergman receives<br />

from President Harry Truman the certificate<br />

of achievement awarded her by<br />

the Women's National Press club in<br />

Washington as "Outstanding Actress of<br />

1947." Miss Bergman recently completed<br />

tlie title role in "Joan of Arc" for RKO<br />

release.<br />

of the defendants from time to time or just<br />

"<br />

to some of them? asked.<br />

"Those that treated me decent, I treated<br />

decent," Kozanowski answered.<br />

"Name one of the defendants to whom you<br />

never submitted a false statement."<br />

"I couldn't do that without reference to<br />

the books." Kozanowski said.<br />

Kozanowski also admitted that he reported<br />

$340.45 as his gross income for the showing<br />

of "After Office Hours" May 19 and 20, 1935.<br />

The actual gross, as shown on his books,<br />

was $595.45, he said.<br />

IN WRONG COLUMN<br />

Under direct examination, Kozanowski<br />

testified that he wrote to the major distributors<br />

in April 1939, advising them that<br />

unless the Rivoli obtained some first run<br />

pictures in the neighborhood it would go to<br />

court to protect its rights.<br />

At one time during the trial, Kozanowski<br />

admitted that expenditure for the upkeep of<br />

buildings other than the Rivoli Theatre were<br />

listed in the miscellaneous account of the<br />

Rivoli Operating Corp. He said that such expenditures<br />

were listed "by mistake." He said<br />

also that the upkeep of a cemetery lot was<br />

listed under miscellaneous expenses but that<br />

he did not remember whether legal fees for<br />

title searches on other buildings also were<br />

listed as theatre expense.<br />

Papers and books pertaining to theatre<br />

operation from 1930 to 1935 were burned accidentally<br />

with other papers found in the attic<br />

of the family home after the death of<br />

his mother, he testified. He said pages missing<br />

from a theatre ledger were not burned<br />

at that time but were lost during some family<br />

litigation in surrogate's court.<br />

A false statement of operating expenses<br />

was submitted to the 20th Century-Fox Film<br />

Corp. in 1944, Kozanowski admitted "in hopes<br />

of getting some reduction on pictures.<br />

Kozanowski said actual rent for the theatre,<br />

listed on the operating statement as<br />

$300 a week, was $250. Although the operating<br />

statement listed wages for a stagehand,<br />

the theatre did not employ one, he admitted.<br />

FAVORED ROOSEVELT THEATRE<br />

During the theatrical seasons of 1933<br />

through 1935 when the Roosevelt Theatre<br />

was operated by the Jacob Rosing interests,<br />

the product of six major motion picture distributors<br />

and producers was divided between<br />

the Roosevelt and Rivoli, according to Kozanowski.<br />

However, during the theatrical seasons of<br />

1930 through 1933 and the season of 1935<br />

through 1938, when the Shea interests and<br />

Paramount Pictures operated the Roosevelt,<br />

Kozanowski said the same six companies sold<br />

all of their pictures to the Roosevelt ahead<br />

of the Rivoli.<br />

The six companies named were Paramount,<br />

Loew's, RKO, 20th-Fox. WB and UA.<br />

Two companies, Columbia and Universal,<br />

sold exclusively to the Rivoli during the<br />

entire period covered in testimony, Kozanowski<br />

said. All eight companies, with Buffalo<br />

Theatres, Inc., Warner Bros. Pictures Distributing<br />

Corp. and the Broad-Rose Corp.,<br />

which operates the Roosevelt, are defendants<br />

in the suit.<br />

BOXOFFICE :: April 17, 1948 N 43

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