The Film Daily (1918)

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7>feBBADSTRffT of FILHDOM PMm Authority Vol. VI, No. 38 Thursday, November 14, 1918 Price 5 Cents THE VALUE OF IDEAS WID'S DAILY contains nothing but news and ideas. Ideas to help you in your business. See how this worked out with the owner of the Idlehour Theatre, Canton, 111. He writes: "Please send me two extra issues of WID'S DAILY Wednesday, October 30th, 1918. I want to use these copies to give to my attorney to use in court to get part of my rent back from my landlord. My theatre has been closed since Oct. 20th and is not open yet. And according to my lease I was forced to pay my rent in advance. The article mentioned in WID'S WAILY I think will help me get my rent back." Clymer With National Corp. John B. Clymer, who wrote the scenarios for "Poppies," "The Moth," and many other Norma Talmadge features, has been engaged by the National Film Corporation of America and is now adapting the well-known novel, "In Search of Arcady," by Nina Wilcox Putnam, into scenario form as the next vehicle for Billie Rhodes in her third De Luxe feature, to be produced under the direction of Bertram Bracken. Hale Hamilton who has completed "Five Thousand an Hour" in the east, starts soon for California where his first picture will be "The Four Flusher," by Izola Forrester and Mann Page. It is under the direction of Harry L. Franklin, assisted by Fred Warren. INJUNCTION DENIED TRIANGLE Court of Appeals Rules That Hart Did Not Violate Contract by Staying with Ince A decision of the United States Circuit Court of Appeals in the suit of The Triangle Film Corporation against the Artcraft Picture Corporation in which the court refuses the plaintiff an injunction, has just been published in the law reports, and shows the extent to which a person or corporation may go in seeking the services of persons employed by another without laying themselves open to prosecution under the law. The plaintiff sued under its contract for the services of William S. Hart, made in March, 1917, at Los Angeles, by which Hart was to appear in pictures "which are to be manufactured by the employer under the supervision of Thomas H. Ince." The contract also recited that it was "made upon the condition and with the understanding that the employe will be supervised in his acting and work hereunder by Thomas H. Ince." Ince was managing director for the plaintiff at its studio at Culver City at the time and held some of its stock, but later on June 12, 1917, sold out his stock and severed his connection with the plaintiff. Hart then severed his relations with the plaintiff and both he and Ince entered the employ of the defendant. The opinion of the court says it may be assumed that Ince induced Hart to go to the defendant with him and that Ince knew of Hart's contract with the Triangle. Ince violated no contract between the plaintiff and himself in selling his stock and terminating his relations, nor is there evidence that he attempted to dissuade Hart from continuing in the plaintiff's employ. Justice Learned Hand, writing the opinion of the court says there is no ground for discussion of the question that Hart violated his contract, because he "clearly did not." He had in substance stipulated that his employment should not last beyond the term of Ince's connection with the plaintiff, and no one suggests that Ince d-'-1 have the right to sell out his rmcrest and leave. The plaintiff's only right to an injunction then rests upon the claim that the defendant injured the plain tiff's goodwill by inducing Hart to leave, even though no contract was broken and the employe might go at his leisure. On this point Justice Hand says: "Nobody has ever thought, so far as we can find, that in the absence of some monopolistic purpose everyone has not the right to offer better terms to another's employe, so long as the latter is free to leave. The result of the contrary would be intolerable both to such employers as could use the employe more effectively and to such employes as might receive added pay. It would put an end to any kind of competition. That nobody in his own business may offer better terms to an employe, himself free to leave, is so extraordinary a doctrine that we do not feel called upon to consider it at large." Contracts For Australia Millard Johnson, of the Australasian Film Co., announces that he has purchased the Houdini serial, "The Master Mystery," from B. A. Rolfe, for Australia. The price for this picture is said to be the largest amount paid for a serial in that territory. Mr. Johnson has also purchased the new Gaby Deslys picture, "Infatuation," from Pathe. Contracts are being closed with the First National Exhibitors' Circuit for the handling of the Mary Pickford product in Australia where the Australasian Film Company is said to control seventy per cent, of the theatres, assuring a wide circulation of the pictures. N. A. M. P. I. Meeting Today The board of directors of the National Association of the Motion Picture Industry will meet today. Peter Schaefer, head of the exhibitors' branch, is in town to attend the conference at which a number of matters of interest to all branches of the business will be discussed. Watterson R. Rothaker, president of the Rothaker Film Co., of Chicago, is in New York on business with the First National Exhibitors' Circuit.