Variety (December 1918)

MOVIN G PICTURES 41 COURT ADVISES SETTLEMENT IN SUIT OVER FILM ACCOUNTS Supreme Court Judge, Reserving Decision In Samuel Cum- mins' Action Against King-Bee Stockholders, Suggests Respective Counsellors Make Effort to Adjust Matter Themselves. Justice Cohalan, of the Supreme Court, reserved decision in the suit of Samuel Cummins against the King- Bee Comedies Corporation and the stockholders, Louis Burnstein, Nat Spitzer, Louis Hiller and Billy West, the court advising counsel try to settle the matter between them. The action arises from the days of the old C-A-W-S Company, the initials representing the stockholders—Samuel Cummins, Charles Abrahams, Arthur Werner (who was the *'angel" of the organization) and Nat Spitzer. The purpose of the organization was to put out films with a comedian who worked on the style of Charlie Chaplin. They hit on Billy West, who was under con- tract with the Unicorn Film Corpora- tion. The new company was organized with the "angel" getting the con- trolling share—51 per cent.— of the stock; West, 20 per cent.; Cummins and Spitzer, 10 per cent, each; and Abrahams, 9 per cent. The C-A-W-S Company then inserted advertisements announcing the acquisition of Billy West. The Unicorn entered suit for breach of contract. David Podell, as counsel for the comedian, proved the Unicorn con- tract non-equitable on the ground that a clause in it allowed the Unicorn the right to assign West's contract to whomsoever it pleased at any time, and thus permitted them to "chuck" West whenever they became tired of him. After carrying the case to and from the Federal and state courts, Judge Manton handed down the decision in favor of the defendant, and the injunc- tion to enjoin West from working for the Unicorn was refused. At this time Werner desired to get out. A new angel had to be found. Louis Hiller, of Hiller & Wilk, sug- gested Louis Burnstein as likely. Burnstein agreed to buy Werner's rights and take over the Billy West contract, Hiller to get Abraham's 10 percent, Cummins and Spitzer to re- tain their ten per cent each, the re- maining 70 per cent, to be divided be- tween Burnstein and West. Burn- stein wanted to retain most of the stock and pay the comedian a larger salary. Accordingly West was granted 10 per cent, and $150 weekly, Burnstein keeping 60 per'cent. Cummins, having some picture busi- ness to attend to in Buffalo, entrusted his share to Burnstein. He was gone two weeks, and on his return dis- covered the company had been incor- porated and he had been left out.al- together. The suit followed, the trial last week lasting two days. The plain- tiff claims a 10 per cent, interest in the stock of the King-Bee. Burnstein answered that it was mutually and verbally arranged and agreed that Spitzer's interest of 15 per cent, covered the plaintiff's. It appears that Hiller was given a 5 per .c.e»U..AnmasA L and .now .comes in .for a." 15 per cent, share. Burnstein alleges that early last summer he gave up his lion's share to Spitzer, and the com- pany is technically defunct. West is still receiving remittances from the officials of the company. The plaintiff's counsel, Al Mayper, looks upon this "dead" state of the company as a ruse." It is rumored the company will "reorganize." DeMILLES IN NEW YORK Cecil and William DeMille arrived in New York Wednesday on a mis- sion which will keep them here just three days. At the Hotel Astor, where they are stopping, each refused to deny the rumor that they had sev- ered their connection with the Famous Players-Lasky organization. The most either would say was that a statement of their future plans would be forth- coming "later." Inquiry by a representative of Variett elicijed the allegation the De- Mille brothers may shortly make their appearance in the picture world as in- dependent producers of super-features, their three-day visit in New York be- ing for the purpose of finishing the formation of the new organization. It was also learned that the DeMilles are going to take separate routes back to Los Angeles, between them cover- ing every large distribution centre be- tween here and the Coast. Six months ago reports came out of Los Angeles concerning William DeMille and his possible withrawal, but that Cecil B. DeMille might leave his post as director-general comes as a surprise to filmdom. • Cecil is under a five-year contract to make special releases on a percent- age basis. Under that arrangement he has produced "The Whispering Chorus," "We Can't Have Everything," "Till I Come Back to You," "Don't Change Your Husband," "The Squaw Man," etc. With this mother he owned a one-fifth interest in the Jesse Lasky Co. when that concern amalgamated with Famous Players. At the office of Famous Players- Lasky the rumor of any DeMille de- fection was scouted as ridiculous. It was said.that Cecil had come to New York for'a vacation of his producing activities in accordance with the agreement of the producers for all acting companies to shut down for five weeks at the conclusion of the pictures on which they were at work when the epidemic was raging. MATTER OF WALTHALL MANAGER. Indianapolis, Dec. 4. The case of Henry B. Walthall,' who was married in Crown Point, Ind., five days after his divorce from another wife at Chicago, was called to the at- tention of the office of the Indiana At- torney General at the Statehouse in In- dianapolis this week. Under the laws of Illinois such a marriage performed within one year from the date of di- vorce, is illegal. In the absence of the attorney gen- eral, the assistant attorney general said an investigation of the facts would be made at once and such action taken as the laws would demand. He was of the impression that the mar- riage would be held illegal as Indiana woujd respect the laws oj Illinois to. that exfent; '"" «w»i~-itaB It was pointed out that the marriage might be regarded as legal by the higher courts of Indiana and*in that event Walthall would incur punish- ment from the Illinois court for noth- ing more than contempt. M-A'S NEW NAME It has been decided that the new title of the Mutual-Affiliated consolidation will be known as the Exhibitors' Mu- tual Distributing Corporation. The Affiliated continues to handle the bqoking unit, with the Exhibitors' Mu- tual continuing its releasing of pro- ductions and operating its exhibitors' ownership. The first release under the new regime will be Dec. 15 with Martin Johnson's "Cannibals of the South Seas." THE CONTRAST ' A LABOR PICTURE John W. Slayton, of Pittsburgh, has written a six-reel photoplay dealing with the labor problem from an edu- cational standpoint, not political but industrial—not pro-party but pro-labor. In it he aims to present the social and industrial contrast between employers and employes. He plans to produce it under the title of "The Contrast," with the aid and endorsement of or- ganized labor and to that end more than 80 labor organizations already own stock in the producing corpora- tion. The unions and members are to own and control the play. Seventeen of the twenty members of the. board of directors are union card men. The stock holding unions have subscribed from $25 to $1,000 for stock. A corporation has been created un- der the laws of West Virginia. Par value of the stock is one dollar and the capitalization is $50,000, of which $1,000 is common and $49,000 pre- ferred. MIX-UP OVER RAMBEAU. Something—perhaps everything— had gone wrong with the officially an- nounced return of Marjorie Rambeau .to the screen, John H. Blackwood, Miss Rambeau's personal representative, Joseph L. Hegeman, owner of the Victor Studio of this city, and Charles M. Rosenthal entered into a contract some few weeks ago by the terms of which the actress was to be starred in four pho- toplays directed and supervised by Har- ry Revier. Miss Rambeau's screen work was not to • interfere with her theatrical en- gagement and she was to. have en- tered upon her film duties within ten days of the signing, for which she was to receive $2,500 a week, the first pic- ture to consume not less than eight weeks in the making. She was to be paid whether she worked or, not. The salary was to commence four weeks ago, but after a series of voc- ations delays the contract was can- celled upon the payment to Miss Ram- beau of $1,000 to compensate her for an outlay for wardrobe. There is a possibility Miss Ram- beau may «retire from the legitimate- management of A. H. Woods as she does not desire to go on the road and Woods has no new play in which to present her in New York. She will remain with "Where Poppies Bloom" until Christmas, which is at present playing the subway circuit. PICTURE MAN ARRESTED. Cincinnati, Dec. 4. Milton Bromley, aged 31, director of a local school for picture acting, was arrested at the Hotel Eimer on complaint of Mrs. Rosemary Brom- ley, his wife, who charges him with cruelty. The management of the Hotel Eimer accused him of having defrauded it of $34.75, due on a board bill. After Rawliruon to Star. _Several offers.have been received by isdwarff-"SmaHr'fepfesentmg'Herbert Rawlinson, for Rawlinson to star in proposed pictures. Two of the offers arc for serials. Meantime Rawlinson is under engagement through Small fo }. Stuart Blackton for limited terms in pictures. PICKFORD AND FAMOUS PLAYERS. Walter E.- Greene, manager, of.jriHn ..... tribution for Famous Players-Lasky, ' has sent out a circular letter to his branch managers to set before them the defection of Mary Pickford. In it he says: "We do not want you to feel that our determination indicates in any way a.change of our policy of securing the . best pictures and the greatest stars available. We negotiated with Miss Pickford up to the very limit of what we could figure as possible, and, al- though the contract which expired last . summer, provided most handsomely for her, we offered Miss Pickford the equivalent of approximately a 50 per cent increase, but she received an of- fer so much greater than the increased offer we made her, that we could not blame her for refusing our proposals : —in fact, Miss Pickford offered us the preference of engaging her upon the same terms offered by other interests. *- "The argument was brought home to t us with considerable force by Miss Pickford that we ought to be able to pay her such amounts, if another con- ■ ■: cern were able to do it. We debated this matter very carefully, and came £ finally to the unalterable conclusion $ that it was not in the interests, either of the Exhibitors, or the Industry, or. of this Institution to renew upon the terms demanded. As to the Exhibit-1 ors, we would simply be compelled to increase the prices of the pictures to "'_■' them, and this we do not think is jus- tified. We have been compelled to charge them more than we would like to, to meet existing terms, but we would find it extremely difficult to pre- sent arguments to the Exhibitors, which would justify very substantial, increases in rentals to be charged for 1 : these pictures." Paramount-Artcraft seems to have decided they will make a campaign on £ reissues of Pickford productions. -It-;' was stated in'certain circles the Para- . mount-Artcraft would withhold their production of "Capt. Kidd, Jr.," which is the final picture Miss Pickford-. made under contract to them, until such time as the release date of her, first picture under : the new contract: would be ready to place on the market , and that they would then release. : ; simultaneously. At the same time there would be a drive on the reissues so that when the First National releases "Daddy Long Legs" the country would be flooded with Pickford reissues %t almost any price. •v?sf m IS m ■ ■:.:. ALAN ROCK BACK. Alan Rock, who went with the Affili- ated to the Mutual offices when the A took over the M's booking lists and continued to handle their publicity, rfe_ signed this week to rejoin the Leonce Peret Productions, again taking up the general publicity for the "Lafayette, We Come,'' film, which Adolpe Osso has taken under his promoting wing. With the sudden ending of the war, the Perret film has been changed somewhat, the ending in particular receiving alterations to chime with the change of war conditions. m ^a C. K. YOUNG RUMOR. Investigation of a circumstantial ru- mor that Clara Kimball Young would turn over no more of her pictures to Select after the delivery of the one she is just completing, "Cheating Cheaters," indicates there is some sort of a disagreement between the film star and her distributing organization. At the offices of the C. K. Y. com- pany here, no verification or dental- 'was"-to •'h"e v h*ad; v " : "~•■•---•—~^ : : ^-^~^-^^: Lewis J. Selznick, asked about it, said that Select owns 100 per cent, of the stock of the Clara Kimball Young' Film Corp., and that Miss Young's in- dividual contract does not expire for some time.