The Film Daily (1923)

THE 4 DAILY . Wednesday, May 23, 19 PatheNews No. 42 "ZEV" WINS KENTUCKY DERBY— 3 year old colt captures $53,000.00 purse at Louisville. FIRE, FLOOD AND TORNADO IN HOT SPRINGS — Big damage done by the elements in Arkansas. THE CAMDEN DISASTER— 76 perish in schoolhouse fire at Camden, S. C. Other news from London, Poland. California. China, Indianapolis, Rome, etc. IT COVERS THE WORLD tod ay Newspaper Opinions "Soul of the Beast"— Metro Rivoli AMERICAN— Elephant is sheik of film, "Soul of the Beast," at Rivoli. EVENING JOURNAL— "Soul of the Beast" makes star of an elephant. EVENING WORLD— We've seen a lot of animal actors, "including the 9.000,000 "wonder dogs" of the screen, but we cannot remember one that approached the work of Oscar.* * * ''Soul of the Beast" is a good picture, a thrilling picture, and an interesting afternoon's or evening's entertainment, but it is Oscar that makes it so. Of course, Madge Bellamy is just as dainty and appealing as ever, but, it the parlance of the studios. Oscar lumbers away with the picture. The story is rather a novel one and the photography is beautiful. GLOBE — The combination of Thomas H. Ince and C. Gardner Sullivan more nearly approaches perfection than any other engaged in the business of cinema production. * * * That theater has housed no more entertaining and generally appealing picture during the present season. Oscar, the trained elephant, is a truly marvellous performer. * * * MAIL — During most of the scenes, however, the elephant seemed to understand what was expected and often showed what might be called a keen sense of humor. * ' * All of the forest scenes are beautiful, lending a freshness to the film. MORNING TELEGRAPH— W i t h o u t wishing to detract from the credit due to the bipeds in this rather entertaining picture, "Oscar" should be crowned with laurels. POST — * * * one 0f tne queerest mixtures ever ground out by a camera. * * * SUN — It's a good picture, even for those few mortals who don't like the circus — if they really exist. TELEGRAM— Then follows one of the most unique drubbings in motion picture making — the elephant drives the bully into a stream and gives him a thorough drenching. There is much comedy in the picture, and some of the scenes are charming and idyllic. TIMES — Without "Oscar," "The Soul of the Beast," would indeed be a dreary production. As it is, the good-natured pachyderm— given a bale of hay one minute and a tiny piece of sugar the next — with the assistance of Miss Bellamy, manages to dra>p the picture along. TRIBUNE— John Griffith Wray directed the picture, and Madge Bellamy plays the girl. Both of them do as well as they possibly could do with such a story, and profoblj the author did as well as he could with fcory which had to be written around the talents of an elephant. Oscar is the elephant's name and he is decidedly amusing; but, of course, the story is suitable entertainment for children only. WORLD — The picture will afford consistent entertainment only to those who have a kindly feeling for elephants. Tell of F. P. Dealings (Continued from I'age 1) committee which drafted the equitable contract which has precipitated so much discussion in the industry, asserted that the chief reason for the "ill will existing in the industry," is because exhibitors buy pictures which, after production, do not measure up to the sales arguments used to sell them. "Why don't they wait until the picture is produced, and if it is good make the exhibitor pay what it is worth?" asked the witness when asked by Government counsel to add anything to his testimony which he thought might be of interest. "This is the only industry in the world where seconds sell for as much as firsts. The exhibitor buys the picture before it is produced. He is over sold. The producer listens to his publicity man until he actually believes that the picture is as wonderful as the publicity man says it is, and this overenthusiasm is carried on down the line to the exchanges and the salesman, until when the picture is sold to the exhibitor he thinks it is so big that it will shove the walls out of his theater with the big crowds." Berman praised the provision in the equitable contract which would make it possible for the exhibitor to cancel his booking, pointing out that heretofore the exhibitor has been compelled to accept contracted pictures. "This new prov'sion is a fine thing," said Berman. "In the past, after the exhibitor relaxed from all the bull which had been thrown at him he wondered if after all the big feature was going to shove the theater walls out and turn out as big as the salesman said, but there was nothing he could do about it." Berman stated that he had run Paramount nictures in lis theaters since they were first made, but that he only runs a comparatively small portion of the Famous output at in scut. lie said Famous treated him splendidly back in the days when he practically controlled the theater situation in his neighborhood, but when a newer and bigger competition house went up nearby he wasn't given so much consideration. He said he 'ad been the Paramount 'buffer' in his part of the city. Berman said that Paramount was frequently in the habit of taking certain pictures out of the star series, "which they ■"rm'd snrinkle. bless, and call super-specials and which cost the exhibitor a lot more money. " Some of these were offered him; he said, when he went to the Paramount exchange and said that he felt that after having been such an old customer he should lie treated with sufficient consideration to be given some first runs. He said Harry Buxbaum, manager of the exchange, told him he could have 11. but charged a big price. "I told him I would take the dose like a man. because 1 had to have some first runs. Herman testified that on the whole he had no grudge against Famous Players, he had gotten along with them amicably. "It's a game of dog eat dog." he said. ''The evils of existence in this business are not confined to one more than to another." Wm A. Landau, who operates the Heights 1 Lter anil is financially interested in a chain of six uptown theaters which originally pooled their buying to obtain reduced rentals, testified that he had handled Paramount pictun^ until last year. He said that prohibitive rentals caused him to sever relations with Famous. He said when he attempted to buy from Metro, First National and other companies, they all seemed to know that he had been dickering with Famous and that he hadn't reached an agreement. Landau admitted that he would prefer to get Famous pictures, "not because," he said in reply to a question by Robert T. Swaine, "they are the best pictures on the market, but because they have the most consistent program." Landau expla:ned how the buying pool had cut down costs by showing pictures as firstruns in one of the houses and as second and third runs in others of the pool. He said he found out after Famous had offered to split one group of pictures between the houses in which he was interested and Haring and Blumenthal that the latter concern had been offered the pictures for less money than he had offered and that the pictures offered Haring and Blumenthal were better than those he was asked to take. He saw S. R. Kent, he said, relative to his being oversold and an adjustment made. He also complained to Kent that he hadn't been able to get any Paramount pictures, and admitted that Kent issued orders that the next group should be split so that Landau would not be slighted, as he had complained. It developed through questioning that the Majestic, one of the houses in the combine, had offered as much for the first 1922 group before joining the pool as was offered for all the houses in the pool after it was formed. Samuel J. Bock, associated with Landau, who did the buying for the combine, offered $11,000 for the group and finally $15,000 after Buxbaum, had come down from $30,000 to $18,000. They couldn't get together, Landau testified, and the deal was off. Landau said he had no 'grudge" against Famous, but admitted that he had told other exchange managers in the city that he wouldn't buy Paramount pictures. Later he said he had told exchange managers that he "couldn't, not wouldn't." When Swaine asked the witness if he didn't know that Famous pictures are lower in price this year than last, he replied that he didn't know. "Are you willing to have the accuracy of your complete testimony measured by the accuracy of this statement?" asked Swaine. "I am," replied Landau. Bock testified that the pool was originally formed "to prevent being sandbagged by the exchanges. We finally decided to quit allowing ourselves to be hit on the heads all the time by the exchangemen, so we got together. The former members of the pool are now stockholders in a corporation since formed. Among the witnesses examined during the afternoon session were Hyinan Gainsboro, owner of theaters at Flushing and Port Washington. L. I., Al H. Harstn, who now operates the Regan and Dyckman, J. A. Brad bury, owner of the Olympia and Leo Brecher, operator of the Apollo, Douglass, Harlem, Odeon, Plaza and Roosevelt. Gainsboro testified that he had lost money by be'ng oversold, and that a number of specials which he had contracted for with Famous had been withdrawn without notice. He admitted that his contracts called for possible withdrawals. The witness also admitted that the failure of Famous to give all of their star series contracted for by exhibitors was possibly due to failure of stars and not the fault of the company, and that this withdrawal of star pictures was a practice not wholly confined to Famous Players. Harstn testified that his troubles with Famous had usually been untangled in some way In former years, he stated, he had used 100% Paramount, but that he finally was unable to get first runs because ''Loew got them" and he had to follow the latter. "In some cases I got all of the star series and other times I got them when they felt like giving them to me." Famous, he said, ''pulled out" nine specials he contracted for, one of which was "Humoresque." When this picture played the Criterion and it made a big hit, he said, Loew offered more money for it and got it, despite the fact that he himself had contracted for it. He had paid $150 for "Humoresque," the witness testified, before it was realized that it was going to go over so big. He then offered $1200 for it, but still it was refused, and he was advised by Buxbaum to talk it over with Loew, with whom he was on good terms, "but I got about as much satisfaction out of him as I could have gotten from the Kaiser. Finally I paid Loew $750 and ran it in my house day and day with the showing of it in the Loew house which was near mine." After many conferences with Bux baum, Harstn said, he succeeded in getting lower rentals and is now getting along all right. Bradbury testified that the opening of Loew's 83rd St. house made a second run house of the Olympia, which he owns. He said that he has to split with another group of theaters in his neighborhood. Famous Players pictures are a bigger drawing power than the product of other companies, the witness said. He expressed the opinion that F. P. salesmen do a little too much boasting. "Has your experience with Famous Players been more difficult than with other companies"? Swaine asked, cross-examining. "Well I think it has just been a little harder," replied the witness. "Well, aren't Famous Players pictures just a little better than the pictures of other companies"? Swaine suggested. "Perhaps, just a little," rejoined the witness. Leo Brecher stated that he had formerly shown the Famous product, but was doing without it this year. ''Oh, yes, I am still negotiating with Famous," he replied in answer to a question." I will always consider that I am negotiating with them until one of us is dead." Brecher said "I have tried to prove to mous Players that I can do without tl that they are not indispensible. Some hibitors think that Famous Players is life blood of the industry, but I don't a with them." Lee A. Ochs, director of the Associ Booking Corp. testified he had a convc tion with Adolph Zukor just prior to latter's departure for Europe in which urged Zukor to do something to enable B. C. to get Paramount first runs. Zi told Ochs that he left distribution ent to S. R. Kent, but that upon his returr would look into the matter and would Ochs about it. Ochs said he had not heard from Zukor, but expressed the opi that the latter probably hadn't yet had to do so. Other witnesses were J. Arthur Hit operator of two houses on upper Broach Harman Yaffa, and Morris Bleendes, al whom testified practically along the s lines as earlier exhibitor witnesses. Abe Goodside, owner of two house; Portland, Me. and two at Springfield, 14 testified late Monday that he had not any trouble with Famous. "I have trouble with anybody," he said. Aske he had heard that Famous had planned U vade his territory with new theaters he that he did see something in the p. about it, but that it never worried him. KNOW Y0U1 MAN Don't Vote Blind! Investigate Wha\ JIM RITTEl has done in Michigan COME UP TO PARLOR L 2 see what can be done thru effici organization RITTER FOR PRESIDE!