The Film Daily (1924)

THE ■^Hk DAILY Thursday, November 13, 1924 Famous Refutes Hays of Buffalo, Golden of Boston, and Himmelien of Cleveland Testify for Paramount Yesterday's hearing between Famous and the Federal Trade Commission, started with respondent's witness, Walter Hays, of the Buffalo Strand, taking the stand. Hays testified that the Mark Realty Corp. of New York, in March, 1918, bought 20 per cent in the franchise of First National Pictures for New York. In this franchise. Turner and Dahnken, of San Francisco held 60 per cent and J. D. Williams 20 per cent. Hays stated that though Moe Mark, Mrs. Mitchell H. Mark, Max Spiegel, Al Falk and himself were interested in the Strand theaters of New York, Buffalo, Syracuse and Worcester, Mass., all these organizations were separate corporate bodies, none benig owned or controlled by any of the other individual theater holding companies. It developed, also, that the Brooklyn Mark Strand, which was built in 1920, was capitalized at $30,000, with a stock issue of 300 shares of which Moe Mark owned 80, Mrs. Mitchell H. Mark 30, David L. Basker, 70, and Al Falk, 20. Edward A. Golden, manager of Metro-Goldwyn's Boston office, took the stand. Bruce Bromley stated that in previous testimony, Jacob Kahn, Concord exhibitor, declared he had been told by the witness in 1920 that Metro could not sell him pictures, for if it did so, the company would lose the patronage of the Gray Circuit. "Did you make such a statement to Mr. Kahn," asked Mr. Bromley. "No," answered the witness. "Did Mr. Gray ever convey such a stipulation to you," Mr. Golden was asked. The answer was, "No." John Himmelien, assistant manager of Famous' Cleveland office, then, took the stand to identify a list of cities served by Cleveland together with a computation of all the booking time available in the theaters of these cities. Having identified this, the witness was asked also to identify a list of Paramount pictures played in these theaters during 1920, 1921, 1922 and 1923. The hearing was then adjourned until this morning. "A Laugh" Jesse J. Goldburg Belittles Booking Difficulties of "Independents" — Sees Few Troubles Jesse J. Goldburg, president of Independent Pictures Corp., yesterday replied to "the holler" of an independent producer who complains about first-runs with "a laugh" and a minimizing of booking difficulties, provided the "independent" stopped competing with the major companies. He said, in part: "The "well known independent producer' referred to in THE FILM DAILY article today \von"t he so kell known as a pro-, ducer if he continues to maintain a shortsighted attitude which prompts him to buck the old line houses in the class of pictures they are making. "Just as soon as the independent producers realize that they cannot compete with the Famous Players, First National, Metro-Goldwyn, as far as big pictures are concerned, so soon will they stop showing a loss in their business. "It is not true that the three big concerns have the country tied up on every class of picture. They have it tied up on so-called specials and first run productions, but when it comes to popular priced pictures, pictures that can be made upon a commercial basis and for a reasonable sum but nevertheless are entertainment, then I say that the independent producer has that end of the business tied up. "We independent producers do not control our exchanges nor our theaters, but we have a greater line up of theaters that we in effect control through the character of pictures we make; that is. the neighborliood houses and the smaller theaters that must run real productions but cannot afiford to pay first run prices. If the state right buyer or any independent producer tied their money up into so called first-run pictures, it is as clear as a writing on the wall that they are 'riding for a fall.' "I have preached and am preaching to state right buyers throughout the country that their salvation and profit lies in quantity productions of the proper kind that do not cost a fortune to produce. I mean action pictures, dramas and comedies that are reasonable in production cost, reasonable in sales cost to the exchange and as well to the theaters, and my words have taken effect with eleven that I know of and that have changed their ledger from red to black. "The old line houses may have a few hundred of their own theaters apiece with independent producers' six thousand or more • — and that is six times more than we need for a profitable outlet for our productions." Off for Hollywood Departures on yesterday's Century for Chicago and Hollywood included Watterson R. Rothacker and Motley H. Flint. Abe Warner will join Flint in Chicago tonight and travel West with him. Clara Bow to Coast Clara Bow, having completed one of the leads in "The Adventurous Sex," produced at Tec-Art, has left for the Coast to appear in "Capital Punishment" for B. P. Schulberg. Eastman Kodak Declares Dividends Eastman Kodak has declared a regular quarterly dividend of $1.25 a share and an extra dividend of 75 cents. Both are payable Jan. 2 to stockholders of record Nov. 29. C. B. C. has sold "Hot Dog.s," a two reel comedy, to Standard Film. Barbara La Marr's ISText Baljara La Marr's next picture for First National will be "Hail and Farewell," instead of "The Second Chance." Selznick Through (Coiifinued from Page 1) tors might best be served and the appointment of a disinterested trustee. Only one thing can prevent this and that is the appearance of some individual or group with $500,000. Many members of the producers' committee are incensed over the actions of the former Selznick executives and openly declare their intention of instituting criminal action on the grounds that funds supposedly held for them in trust have been disposed of. A meeting will be held on Friday to talk over this phase of the situation. A tangle has developed over the discussion of the short product handled by Standard Cinema. The creditors assert that there has been some sort of an interchange of interest between Standard Cinema and Selznick Distributing and will seek to have this cleared up before F. B. O. is given the pictures. If the court removes all obstacles, the shorts, including pictures from the Bray studios, Screen Almanac, Jimmy Aubrey and Stan Laurel will be placed in the F. B. O. distributing machine. The producers' committe appointed Frank G. Conklin and Whitman Bennett a committee of two to ascertain if Elmer R. Pearson of Pathe is interested in handling the Selznick features. There is a strong possibility that this arrangement will be perfected. The title of "The Fatal Kiss" has been changed to "The Fatal Mistake." May Reduce Canadian Taxes Toronto — That there is to be a substantia! reduction in the amusement tax collected by the Provincial Government of Ontario, following similar action taken by the United States Government, has been intimated by Col. W. H. Price, Treasurer of Ontario. In place of the present ticket tax, which averages about 10 per cent of the face value of admission tickets, there will probably be a new levy on gasoline in Ontario to raise the revenue required by the Province for highway development. Ontario exhibitors have been agitating for a reduction for some time, the argument being that the tax was introduced as a war measure. "BARBARA rRltTCHIE" HELD OVER AT CIRCLE THEATRE, CLEVELAND Paul C. Mooney, Vice President, Producers Distributing Corporation New York Nov. 10, 1924 U <1 Grey Returns Albert L. Grey of the Griffith organization is back from a short trip to London. 'BARBARA FRIETCHIE' pleased all last week at Circle Theatre on its initial showing here. Business so satisfactory that we are holding it a second week. Congratulations and regards." Martin Printz, CIRCLE THEATRE. Released by PRODUCERS DISTRIBUTING CORPORATION Foreign Distributor: Wm. Vogel Distributing Corp. SEASON 1924-1925— THIRTY FIRST-RUN PICTURES