The Film Daily (1918)

7/pBRADSTREET of FILMDOM j&rkoghized Authority Vol. V, No. 61 Tuesday, July 9, 1918 Price 5 Centi CHARGES AGAINST OCHS FILED BY EXHIBITORS AND PUBLISHERS Defendants in Libel Suit Assert League President Used Office for Own Ends Allegations that Lee A. Ochs used his position as president of the New York Motion Picture Exhibitors' League to further his own interests are made in an answer filed in the Supreme Court by Maurice L. Fleischman, and Charles A. Goldreyer, well known exhibitors and members of the league, and Sime Silverman and Joseph Lowe, as publishers of "Variety," in a suit for libel brought by Ochs against the persons named. The defendants deny information sufficient to form a belief as to the truth of Ochs's allegations that he has a large circle of business and personal .friends and enjoys a good reputation and the respect of his friends and that by reason of his standing as an operator of motion picture theatres in New York City and elsewhere and his motion picture affiliations, he has established a credit and reputation for fairness, honesty and integrity. Admit Circular Letter The answer then alleges as a special defense that Fleischman and Goldreyer on the date of publication of the article in question were members in good standing of the New York Motion Picture Exhibitors' League in Local No. 1 and operated the Majestic, Garden, University and 7th Avenue Theatres in New York and the New Theatre and Rockaway Beach and Empire Theatres at Arverne. They admit that they mailed to every member of the league the circular letter complained of by Ochs. The fact that the letter had been sent was brought to the attention of "Variety" and its publishers who published it as a matter of news relying on the truth of the statements. The defendants allege that the statements in the alleged libelous article were true "in substance and in fact"; that for a long time prior to the publication of the article the plaintiff was "-trsmg the League presidency for his own gain"; that there had been dis satisfaction among exhibitors over his administration and that a number of men high in the councils of the organization had time and again expressed disapproval "of the undignified manner in which the plaintiff conducted the office." It is alleged that among the grievances were that Ochs had endorsed seriils and productions and permitted his endorsements as coming from him as league president to be used in f u:\hering such serials ..nd productions. The answer alleges that Ochs had object to severe criticism in respect to what was known in the trade as the Mastbaum-Selznick controversy in which Ochs appeared as an ally of Selznick. It is alleged that a prominent exhibitor who had organized the first local in New York and other exhibitors were determined that unless things changed they would form another organization Services Are Cancelled The answer says that Goldreyer and Fleischman did complain that Ochs was using his position to further his personal interests and that the Paramount. Metro, ard.Pathe exchanges cancelled their service at the Garden and LIniversity Theatres for the plaintiff's Concourse Theatre and in some instances receivec less money than they had paid. It is alleged that Mr. Saunders, of the Metro, stated to Goldreyer and Fhuschman that while his dealings with them had been pleasant he felt obligated to favor Ochs because he was nr :sident of the Exhibitors' League aid that Ochs himself stated to them that the different exchanges owed it to him to favor him as president of the league. It is also alleged that the Mutual refused to favor Ochs as against Fleischman and Goldreyer as a result of which he was forced to accede to using "Charlie Ch; plin specials" on an even break with Fleischman and Goldreyer. Goldwyn Going West Producing Companies Expected To Move To Coast in August The Goldwyn producing department will start westward about August 15, according to the present plans of the executives. The entire staff of players as well as the executives of the production end, will be at work on the coast by about the middle of September. At present a number of Goldwyn players are troubled over the fact that they are tied to New York by leases of various sorts and they will have to dispose of these before starting west. Defense is Continued Funkhouser Aims To Show Case Was Framed Against Him CHICAGO.— M a j o r Funkhouser, Chicago's suspended film censor and second deputy police, continuing his defense before the Civil Service Commission, emphatically denied that he had tapped wire. leading to Chief Schuettler's home. He admitted, however, shadowing Kate Adams, a reform and social worker, to find out where she was getting information on which she wrote her newspaper articles. Testimony indicating that forged reports were placed in the files in an effort to "get" the Major, was given. It was further rumored that Tony Landers, who disappeared last Wednesday night and was to have been a witness for the Major, was kidnapped by the police to prevent his testifying. Tony was at one time employed by the Major as an investigator. Acting Chief Alcock indignantly denied the charge and had Landers released at once. He was being held on a forgery charge, it is said. Another blow at the attack upon Funkhouser came when Jos. E. Whalin told the commissioners a report favored by the prosecution was made with a blue carbon paper not allowed to be used in the second deputy's office. The report reflected seriously upon Joseph A. Thoney, now upon trial with Mai. M. L. C Funkhouser.