Harrison's Reports (1928-1928)

196 HARRISON’S REPORTS December 8, 1928 That an exhibitor’s contracts are canceled in case of the destruction of his theatre by fire is so plain that there should be no misunderstanding in this. And yet cases have come to the attention of this paper where exchanges brought exhibitors before the arbitration board and obtained judgments against them. I have one such case in my hands right now, which I have brought to the attention of the exchange’s Home Office. In case a theatre is destroyed by fire, the lease on the building is automatically canceled. If there had been no provision in the contract about the cancellation of all outstanding contracts in such a contingency, then the exhibitor would have been tied up with pictures he would have no place in which to show them. When a new theatre is erected on the same spot by the same exhibitor, it is the same as if the theatre were erected by a different man, for such theatre is built under an entirely new lease, on entirely new terms, even though the owner of the property is the same. There should be no difference of opinion on this question. Yet, as said, there is, because the exchanges try to take advantage of every situation. And they do, when the exhibitor is ignorant of his rights in such matters, or when he has no one to advise him properly. {To be continued) A GEM ON SUBSTITUTIONS David Barrist’s Menkis again comes forward with a gem in “Brevity,” an adjunct to all the publications of Messrs. Barrist & Goodwin. It is on substitutions. Here it is — a conversation between Menkis and an exchangeman : Menkis: “Are you the manager?” Manager : “Yes ; what can I do for you ?” Menkis: “I got here a letter from your company telling me that ‘Loved and Lost’ has been changed to ‘Western Hate’ and that instead of John Berrymore the star will be Rin-Tin-Tin. Is that a matinee idol — Rin-Tin-Tin?” Manager : “I am sorry, Mr. Menkis, but it is an unavoilable substitution.” Menkis: “That’s what you told me last week when you changed ‘Lazy Love’ to ‘Machine Gun.’ How about ‘The Cossack’s Revenge?’” Manager : “We are not releasing that this year, but we’ve substituted instead ‘Passion, Preferred.’ ” Menkis : “But the contract says ‘a sweeping drama of the Russian steppes.’ How can you sweep the steppes with a title like ‘Passion, Preferred?’ Well, anyhow, book me ‘When Knights Were Bold.’ ” Manager : “Er — there has been a slight subtitution there.” Menkis ( sarcastically ) : “Of course! Natural!” Manager: “The title is now ‘Ten Knights In a Barroom.’ ” Menkis: “But I played that five years ago!” Manager: “Not this. That’s another picture.” Menkis: “Well — Mary Miller is the star, so I guess I’ll — Manager : “Oh, Mary Miller didn’t make this one.” Menkis: “Oh! Another substitution? And who is taking the place of Mary Miller?” Manager: “Bull Montana.” Menkis : “Mm ! You ain’t got maybe a nice Harold Lloyd picture acted by Little Farina? Or a Gloria Swanson made by Felix the cat? Tell me, did I buy from you pictures or did I buy subtitutions ? At the beginning of the season I signed up for your Famous Forty with titles, and stars, and directors, and scenery writers — ” Manager: “What?” Menkis: “Scenery writers.” Manager : “Oh, scenario writers.” Menkis: “Yes — scenery writers — and the only thing which ain’t been changed on that contract is the name of the printer.” Manager: “Substitutions are unavoidable, Mr. Menkis. You know that.” Menkis: “Oh, is that so? Then I, too, would like to make some substitutions.” Manager: “What do you mean?” Menkis: “I would like to substitute for the price of $200 on ‘Single Wives,’ which my contract calls for, a price of $20. All the trade journals say it’s a flop and we shouldn’t play it.” Manager: “Now you are joking, Mr. Menkis fj Menkis: “I am, is it? I would also like to substitute for the week stand which my contract calls for on ‘Maid or Mystery’ a run of one day. The Strand broke all records for rotten business with it and pulled it off in the middle of the week.” Manager: “But you know — ” Menkis: “And there is one other substitution I wish you should make. I wish you substitute for my theatre that of my competitor to play your pictures. The only time he fills his theatre is when I play one of your pictures. Substitutions is a good thing, but it should work both ways. What’s applesauce for the goose is the same thing for his wife !” CRUEL AND INHUMAN Harry Richenback has been sending anonymous letters to exhibitors, warning them that they must call at 565 Fifth Avenue, Room 1019, New York City, implying that dire consequences will visit them unless they call at that address, using the key, which they usually find enclosed in the envelope. This is an advertising scheme for a certain picture. The exploitation scheme Harry Richenback is using is the most cruel, most inhuman that I have ever heard of. While he has succeeded in frightening the exhibitors, he does not realize that at the same time he has frightened out of their minds the recipient’s wife and children. One case came to my attention in which the exhibitor’s wife fainted from fear lest her husband meet with foul play, and his children were kept hudled into the house for days until he was informed by this office that this was one of Harry Richenback’s bright ideas. Only an unbalanced mind could have carried out such a fiendish exploitation scheme. Unless the company that employs him orders him to stop this kind of exploitation, Harrison’s Reports will find itself compelled to make a personal appeal to the exhibitors not to book the picture in question.