Exhibitors Herald (Jul-Sep 1922)

September 23, 1922 EXHIBITORS HERALD 31 Omaha Union Head Is Jailed In Lock Out of Operators Tear Bombs Are Thrown in Council Bluffs Trouble; Several Indictments Are Returned by the District Court Grand Jury (Special to Exhibitors Herald) COUA'CIL BLUFFS, IA., September 12.— This city for more than four weeks has been in the throes of an operators' war. Throwing of tear and stink bombs has resulted in a number of arrests and several indictments. Despite the trouble existing between the union and the theatres, exhibitors report satisfactory business, this in the face of depressive conditions brought on by the railroad crisis. Claim Refusal to Submit New Contract Dissension between the operators and exhibitors cropped out the fore part of August when, according to the theatre owners, the operators refused to submit a new contract. This attitude on the part of the operators, according to the exhibitors, compelled the latter to give the operators "their two weeks' notice calling for a dismissal of their services." Later it was disclosed that the Council Bluffs operators were amalgamating with the Omaha union in order to receive the Omaha wage scale of $1.15 an hour. The Council Bluffs scale is 78.6 cents an hour. "I Am the Law" to Be Viewed by Judge Changes Made and End of Litigation Seen After Screening for Court (Special to Exhibitors Herald) NEW YORK, Sept. 12.— Some day this week or next Justice Knox of the United States District Court will see "I Am the Law" at a special screening, and it is believed then all litigation between International Films and Affiliated Distributors over infringement will be ended. Infringement Claimed Some time ago the Hearst organization brought suit against Affiliated Distributors asking that the latter named company be restrained from showing "I Am the Law," on the ground that it infringed on "The Valley of Silent Men." Damages in the sum of $500,000 was also sought. The case was tried before Justice Knox, who last week filed the following answer: Changes Are Made "I will permit defendants, if they can, to undertake to so change the present film of 'I Am the Law' as to eliminate any scene, incident or event that infringes upon the story, 'The Valley of Silent Men.' When this effort has been carried out, the picture as it then appears shall, before being released for distribution or exhibition, be shown to the Court and Counsel for the plaintiffs, to the end that it may then be determined, without the necessity of further litigation, that there is infringement of plaintiffs' rights. "Plaintiffs ask, in addition to injunctive relief, damages in the sum of $500,000. Manifestly, they can have no such sum. Indeed, I am inclined to believe that any monetary loss has been very small. In this connection, it is to be said that the attitude assumed by defendants since the charge of the infringement was first made, has been characterized with somewhat unusual frankness and consideratie-n." The finding had been anticipated by Charles C. Burr, president of Affiliated, who has had the changes made and has already submitted the changed film to the counsel of International. McCormick Elated With First National Product John McCormick, Western representative for Associated First National, passed through Chicago on September 10 en route East where he will confer with high executives of the company. McCormick stated emphatically that First National this year has the greatest product since the company's inception. From the standpoint of box office value and artistry, he said the company's product could not be excelled. Introducing Boyd, Jr. (Special to Exhibitors Herald) LOS ANGELES, Sept. 12. — William Boyd, prominent member of Paramount'? stock company, is the father of a nine-pound son born last week. The young hopeful ha? been named William Wallace Boyd, after his father and Wallace Reid. Mrs. Boyd is known professionally as Marilyn Boyd. Vignola 's Mother Dies (Special to Exhibitors Herald) ALBANY, N. Y., Sept. 12.— Mrs. Vignola, mother of Robert G. Vignola, Cosmopolitan director, died at her home in Albany on September 1, following a long period of ailing. She is survived by her husband, three sons and a daughter. Jail sentences have been imposed on Mayo Paden, president of the Omaha local of the International Alliance of Theatrical Employes and Moving Picture Theatre Operators, and Thomas E. Smith, a member of that local. Paden was given sixty da>-s and Smith, thirty. Arrested Near Liberty Sentences were imposed following their arrest near the Liberty theatre here where two quarts of stink bomb ingredients had been poured about the lobby. The two men were tried on a charge of violating an injunction granted by District Judge Wheeler in connection with the lock out. In addition to the jail sentences, Paden. Smith and A. R. Krake, another operator, have been indicted by the district court grand jury here. Two indictments were returned, one charging the three men with conspiracy and the other with committing a nuisance. Bond was fixed in one charge at $1,000 and in the other at $500. The injunction which Paden and Smith were charged with violating had been issued by District Judge Wheeler and enjoined the locked out employes of the Liberty, Strand and Garden theatres from interfering in any way with operation of the houses. The injunction was granted to Hyman Levy of the Garden; Benjamin Harding of the Liberty and Morris S. Cohn of the Strand. In requesting the injunction, the three exhibitors charged that wires to their theatres were cut and that offensive chemi cals had been spread about the interior of their theatres. In an advertisement published in the Council Bluffs Nonpareil, the three exhibitors previously named and A. C. Smead of the Majestic placed before the public what they termed "plain facts in regard to the movie operators walkout." Statement Is Published The published statement reads in part: "We will each cheerfully pay to all operators a just scale based upon American standards of living. This scale must necessarily be substantially the same as paid in other Iowa cities of substantially the size of Council Bluffs. We have never objected, nor will we now object to collective bargaining and will cheerfully negotiate with the union upon the compensation to be paid. We assume the union will agree to a scale comparable to other progressive cities of our class and when such a scale is established we will each pay in accordance with it the operators that we may employ. We each will prefer to employ one or more union operators but necessarily each must insist on the right to select his own employes. "With all the above facts truthfully stated by the undersigned theatre managers of Council Bluffs, we ask that the public judge this controversy for themselves and then decide if we are not right and just in the stand that we have taken. After you have made your decision, we are confident that the theatres will merit and enjoy your patronage now as they have in the past." "What Sxhibitors are saying abou. "I have used all the trade papers, but since the HERALD has been coming to me, I use it only, as it gives any exhibitor more than all the others combined. — GEORGE OSBORNE, proprietor, Star theatre, Westminster, Md. * * * "I certainly enjoy 'What the Picture Did for Me' very much." — James MlLLER, Jethe theatre, Texline, Tex. * * * "We are only recent subscribers to the HERALD, but to date we have more than obtained value received. In our opinion, your service is as necessary as is our projector." — O. A. Kern, Dixie theatre, Senath, Mo.