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Boxoffice-December.25.1948

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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The city of Topeka repealed its theatre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

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