Exhibitors Herald (Dec 1921 - Mar 1922)

January 21, 1922 EXHIBITORS HERALD 33 Arbitration Agreement May Be Model for Other States Grievance Compact Ends Protracted Negotiations Between Theatre Men in New York And F.I.L.M. Club (Special to Exhibitors Herald) NEW YORK, Jan. 10.— Adoption by other states of the arbitration board agreement ratified by the Theatre Owners Chamber of Commerce and the F. I. L. M. Club of the city of New York is considered not at all improbable by those in motion picture circles here who are versed on conditions existing through the various territories. The compact, which creates a joint arbitration board to determine disputes between exchanges and theatre men, concludes a protracted controversy between the New York factions. Country Will Watch Board's Operation Undoubtedly the functioning of the New York board will be keenly observed by exhibitors and film men throughout the country, as the grievance question in many instances has been a source of dissension between the two factors. National Standard Is Adopted for Exchange Manager Organizations (Special to Exhibitors Herald) NEW YORK, Jan. 10.— Final plans tor standardizing film exchange managers organizations throughout the country and nationalizing the Hoy Reporting Service were agreed upon at a conference of distribution company executives at the New York headquarters of the National Association of the Motion Picture Industry. Saul E. Rogers, chairman of the special committee in charge of this work, presented for ratification the forms of agreements and rules and regulations for the exchange associations which will be organized in the various distribution centers. P. L. Waters, chairman of the distributors division and executive committee of the National Association, presided at the meeting. The companies represented at the conference were: Fox Film Corporation, Goldwyn Distributing Corporation, Universal Film Manufacturing Company, Pathe Exchange, Inc., R-C Pictures Corporation, Educational Film Corporation, Metro Pictures Corporation, Select Pictures Corporation. Yitagraph, Inc., Famous Players-Lasky Corporation, and Triangle Film Corporation. St. Louis Film Board Names Committee on Grievances for 1922 (Special to Exhibitors Herald) ST. LOUIS, MO., Jan. 10.— The 1922 grievance committee of the St. Louis F. I. L. M. Club will be composed of E. H. Brient, Robertson-Cole, chairman; Barney Rosenthal, Universal; George M. McKean, Fox; John Karzin, owner of the Casino, Majestic, Lincoln, Marquette, Olympia and Star theatres, St. Louis, and Dr. J. L. Price, proprietor of the Liberty, Star and Grand theatres, East St. Louis. This committee will meet every Thursday afternoon in the F. I. L. M. Club headquarters, Empress Theatre building, to pass on disputes between exchanges and exhibitors. Three new members were admitted at the last meeting of the F. I. L. M. Club, Joseph Desberger, First National; Samuel Werner, United Film Service, and Jack Weil of Goldwyn. Griffith Picture Wins Praise of Lubitsch at Premiere in New York (Special to Exhibitors Herald) i NEW YORK, Jan. 10.— Ernst Lubitsch, one of the foremost motion picture directors of Germany, was an interested spectator at the premier showing of D. W. Griffith's "Orphans of the Storm" here last week. Asked his opinion of the photo play, Mr. Lubitsch said: "With the greatest interest I witnessed last night the first showing of Mr. Griffith's masterpiece 'Orphans of the Storm.' Mr. Griffith's artistic direction of 'Broken Blossoms' had previously made a deep impression on me, and his new film has immensely strengthened my profound admiration. I not only congratulate Mr. Griffith and his actors, but the whole American industry, upon this success." While in a number of states the exhibitors and exchange men are working in harmony in the amicable settlement of grievance cases, the issue is one which officials believe still warrants sincere consideration. These executives hold that there is a possibility that the New York compact will solve the difficulty. Here Is Agreement The amended text of the agreement follows in brief: 1. Agreement will affect exhibito.-s in Greater New York, Long Island, Northern New Jersey, Western Connecticut and that part of New York State served by New York exchanges. 2. Joint arbitration board shall be comprised of three members and chairman appointed by F. I. L. If, Club and three members appointed by T. O. C. C. Chairman will vote only in case of a tie, after which case may be submitted to an appeal board. i. The following rules and principles govern the board: a. The right of the home office of the exchange to reject application for contract within fourteen days shall not be abridged or denied. b. Terms of written contract shall be binding as to protection and price. Oral evidence will be considered by board to explain terms but not to change price or protection except in case of fraud or duress and except in a case relating to the erection of a new theatre. Doesn't Constitute Breach 4. Involuntary breach of contract with respect to one picture in contract for several pictures does not constitute a breach of entire contract. 5. Failure of exchange to deliver picture in event exhibitor has not complied with demand of exchange made pursuant to terms of contract and to rule of F. I. L. M. Club for security not exceeding $250 for safe return of film shall not be deemed a breach of contract. Enforcement of this provision shall follow a hearing of both parlies or a default of one of the parties. 6. T. O. C. C. and F. I. L. M. Club, on behalf of their members, guarantee that decisions of board will be carried out. An appeal will act as a stay in any case determined. 7. Existing contracts and unpaid accounts considered binding on new owners, assignees of lease or purchasers of stock in new corporation unless such sale, assignment of lease or transfer >f stock is not made by former owner of theatre. Exhibitor Gets Application 8. Exchange shall leave exact copy of application with exhibitor at time of signing. 9. If application for film service is rejected in part exhibitor may accept or reject the balance on such individual application. _ _ 10. Application for service authorizing exchange to separate individual portions of application into as many applications as there are pictures shall be deemed not to be a single application. This reservation made because of clause contained in Famous Players-Lasky Corporation's contract. _ 11 Appeal board shall comprise three members representing F. I. L. M. Club and three representing T. O. C. C. In case of a tie vote the appeal board may nominate a disinterested um pire. The principles of this agreement are binding on the appeal board. This amended agreement will be binding upon the exchanges and the exhibitors for six months and is subject to renewal from time to time. It may be amended if after a hearing the changes suggested are ratified by the two organizations. The agreement was signed by I. E. Chadwick, president of the exchange organization, and William Brandt, head of the exhibitors league. "His Nibs" Is Booked for Premier Showing At New York Capitol (Special to Exhibitors Herald) NEW YORK, Jan. 10.— "His Nibs," the Exceptional Pictures Corporation's feature starring Charles (Chic.) Sale, has been booked for its premier showing at the Capitol theatre here. It will be presented under the direction of S. L. Rothafel. Negotiations for the presentation were conducted by Alexander Beyfuss, president of Exceptional, and L. L. Hiller, president of "His Nibs" Syndicate, Inc., which is state righting the picture. Saxe Enterprises Adds To Chain of Theatres (Special to Exhibitors Herald) MILWAUKEE, WIS., Jan. 10.— Saxe Amusement Enterprises, operated by Thomas and J. E. Saxe, has taken over the Majestic, Orpheum and Grand theatres of Oshkosh, Wis., owned by Roy Cummings. The addition places twenty theatres under control of Saxe Enterprises. Rules City Must Act To Close Sunday Shows (Special to Exhibitors Herald) OKLAHOMA CITY, OKLA., Jan. 10. — Representatives of churches and Sunday schools in Cleveland county want to close picture shows on Sunday. The assistant attorney general has ruled that the question is one to be handled by city ordinances.