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Theatre Licensing<br />
Repeal Is Upheld<br />
TOPEKA—That the city of Topeka acted<br />
within its legal right in repealing an ordinance<br />
licensing theatres, and that Topeka's<br />
theatres, therefore, are within their legal<br />
rights in<br />
•<br />
denying admittance to Negroes,<br />
were rulings of the Kansas supreme court.<br />
In a decision written by Justice Parker, the<br />
court unanimously affirmed action of Judge<br />
Magaw of the Shawnee county district court<br />
in sustaining a demurrer to a petition by<br />
Arthur Lee and Ava Louise Stovall seeking<br />
to force admittance of Negroes to local motion<br />
picture theatres.<br />
Under a Kansas law, any city which provides<br />
a licensing system for theatres is barred<br />
from restricting admittance of patrons because<br />
of race, color or creed.<br />
The city of Topeka repealed its theatre<br />
licensing ordinance several years ago. Recently<br />
the Stovalls were denied admittance<br />
to a theatre. In the absence of a licensing<br />
system, the supreme court decision declared,<br />
the theatre in question was within its rights<br />
in refusing admittance to the couple.<br />
Abolition of the ordinance by the city of<br />
Topeka gives theatres there, and in view of<br />
the supreme court decision those in other<br />
cities similarly situated, the right to define<br />
their own rules and pohcies regarding admittance<br />
of patrons.<br />
Another Obstacle Faces<br />
Betty Secrest License<br />
MINNEAPOLIS—Another obstacle has<br />
been placed in the path of Mrs. Betty Secrest,<br />
former exhibitor, who has been trying for<br />
more than a half-year to obtain a license.<br />
This time the council roads and bridges<br />
committee voted to recommend the Secrest<br />
license, but conditioned its issuance on the<br />
question of whether the proposed site would<br />
create a traffic hazard in connection with<br />
the route of a new highway to be built in<br />
the vicinity. This has the effect of holding<br />
up the license for another minimum of 90<br />
days.<br />
The alderman agreed that after the highway<br />
route is decided upon Mrs. Secrest is<br />
to have first preference for a theatre license,<br />
with the showhouse location, however,<br />
to be subject to approval of traffic<br />
engineers, the city planning commission and<br />
other regulations.<br />
S. D. Kane, North Central Allied executive<br />
director, appeared before the council<br />
committee to oppose the Secrest license.<br />
Allied is fighting all new theatre construction<br />
here.<br />
Plan 6-Week Season<br />
MINNEAPOLIS — A six-week dramatic<br />
stock season has been underwritten by civicminded<br />
Minneapolitans and will start January<br />
10 with "The Front Page," offered by<br />
a cast including many local newspaper people<br />
and the Hennepin county sheriff playing<br />
their prototypes in the comedy drama. The<br />
venture has been promoted by Don Stoltz<br />
who operates the Old Log. strawhatter where<br />
"The Front Page" was presented similarly<br />
last summer to great success. Plays will be<br />
presented at the Lyceum, legitimate roadshow<br />
theatre, but not on consecutive weeks. Stoltz<br />
plans an equity company and guest stars.<br />
Fightin' Mayor and Circuit Schedule<br />
Peace Parley in<br />
MINNEAPOLIS—Minnesota Amusement<br />
Co. officials will meet with Mayor G. A.<br />
Gilbert of Watertown, S. D., and town<br />
council members in an effort to end the<br />
feud that has caused the council, ostensibly<br />
at the mayor's instigation, to refuse to<br />
renew the circuit's licenses for the Lyric<br />
and Plaza theatres.<br />
The feud is due to the circuit's refusal<br />
to reopen the Metropolitan Theatre at<br />
the mayor's request. Circuit officials contend<br />
the house is too dilapidated and the<br />
location is poor. They are remodeUng the<br />
Colonial, which will be called the Plaza,<br />
and they do not believe the town could<br />
support three theatres. The Lyric is the<br />
only theatre novv in operation.<br />
Before the meeting. Mayor GUbert declared<br />
that he still would insist on the<br />
reopening of the Metropolitan. The MAC<br />
now controls the town, but the mayor<br />
threatened that if the circuit fails to act.<br />
Bill Elson Will Be Guest<br />
At Variety Club Dinner<br />
MINNEAPOLIS—Northwest Variety Club<br />
will give a party next month for Bill Elson,<br />
retiring chief barker. Elson, who has held<br />
the post three nonconsecutive terms, also is<br />
retiring as a director so that both Harold<br />
Kaplan and Sol Torodor, who were tied in<br />
the voting on new directors, may both become<br />
board members. At its next dinner the<br />
club will show pictures of last season's Minnesota<br />
football games.<br />
New Arc Lamps at Tama<br />
TAMA, IOWA—New arc lamps have been<br />
installed in the projectors at the Mills Theatre<br />
here.<br />
Feud Over Theatre<br />
he will reopen and operate the Metropolitan.<br />
•With only one theatre in operation during<br />
recent months, city officials have<br />
charged that the MAC is depriving the<br />
town of "adequate motion picture entertainment."<br />
They accuse circuit officials of<br />
"stalling" in getting the Colonial remodeled<br />
and opened. On their part, circuit<br />
officials explain the delay has been caused<br />
by difficulties in obtaining building materials.<br />
The Watertown Public Opinion, daily<br />
newspaper, has come to the Minnesota<br />
Amusement Co.'s defense and lambasted<br />
the city officials for what it calls "a badly<br />
timed move that has put the city on a spot<br />
from which it will have to retreat in disorder."<br />
It points out that the license refusal<br />
action was taken at a star chamber<br />
council session and accuses the aldermen<br />
of acting under the mayor's orders.<br />
W. R. Frank to Minneapolis<br />
To Sell 19-Theatre Chain<br />
MINNEAPOLIS—W. R. Frank has returned<br />
here from Hollywood to sell the 19-theatre<br />
circuit, the territoi-y's largest independent<br />
chain, which he heads. Nine of the theatres<br />
are in the Twin cities.<br />
Frank says he already has a $3,400,000 offer<br />
among several dozen others, and is hopeful<br />
a deal will be closed before the first of<br />
the new year. While he'll devote himself<br />
largely to film production at Hollywood after<br />
the sale of his circuit, Prank said he still<br />
would retain his holdings in several drive-ins<br />
in the territory and probably will build more<br />
such theatres.<br />
Frank's "The Great Dan Patch" is now in<br />
production in Hollywood. It will be released<br />
through United Artists.<br />
NEW REFRESHMENT SERVICE LAUNCHED—Publicized by special newspaper<br />
advertising which referred to the event as a "world premiere," a new refreshment<br />
counter was opened December 15 at the Paramount Theatre, Kansas City, Mo. Shown<br />
left to right, in the accompanying picture taken during the "premiere" are M. D.<br />
"Babe" Cohn, Paramount Theatre manager; Ben Rittmaster, Manncraft Display Co.;<br />
James B. Killian jr., sales engineer. National Theatre Supply Co.: Ray Green, office<br />
manager. National Theatre Supply Co.; D. L. "Doc" Hartley, motion picture editor,<br />
Kansas City Star, and Tommy Gialde and C. W. Moore, Commercial Candy Co.<br />
BOXOFFICE December 25, 194« MW 63