Harrison's Reports (1931)

“Three Girls Lost” : Its production number is 240. On the contract, No. 240 was attached to “Hot Numbers.” But “Hot Numbers” was to be founded on a story by Owen Davis, and since “Three Girls Lost” has been founded on a story by Robert D. Andrews it is a story substitution. “Charlie Chan Carries On” : Its production number is 221. But since No. 221 was to be Gaynor No. 2 it is a star substitution and you are not obligated to accept it. “Mr. Lemon of Orange” : The production number is 217, which was attached to “She Wears the Pants.” But “She Wears the Pants” was to have been founded on a story by Earle Crooker, and since “Mr. Lemon of Orange” has been founded on a story by Jack Hayes it is a story substitution. But the original picture had no star, and since the finished product is being delivered with a star of Mr. Brendel’s magnitude the exhibitor receives more than he bargained for. “Their Mad Moment” : The production number is 242, which on the contract was attached to “Her Kind of Man.” But “Her Kind of Man” was to have been based on a story by Sonya Levien, and since the finished product has been founded on a story by Eleanor Mercin Kelly it is a story substitution. “Quick Millions.” The production number is 227, which was attached on the contract to “This Modern World.” But “This Modern World” was to have been founded on a story by Eleanor Mercin Kelly, and since the finished product has been founded on a story by Roland Brown and Courtney Terrett it is a story substitution. “Women of All Nations” (206) : According to the contract this picture was to be founded on a story by Lawrence Stallings and Maxwell Anderson, and since the finished product has been founded on a story by Barry Connors it is a story substitution. Metro-Gold wyn-Mayer So far Mctro-Goldwyn-Mayer has had no substitutions. Paramount-Publix Because of the fact that Paramount sells its pictures on a star series basis, it has had no substitutions. Pathe The old Pathe has had no substitutions. Many exhibitors want to know what they can do to protect their interests, which have been damaged when Pathe sold out to RKO and did not include in the transaction an agreement obligating RKO to deliver to the holders of Pathe contracts the pictures still owed them. These exhibitors are interested particularly in the stars, Constance Bennett, Ann Harding, Helen Twelvetrees, William Boyd and Eddie Quillan. They were insensed particularly because, though they lost the features, they are still saddled with the shorts. They want to reject them. A former head of the judicial department of one of the largest states in the Union was asked by some exhibitors to give them his opinion as to whether the contract holders have any redress. This prominent jurist, after studying the contract and the acts surrounding the deal between Pathe and RKO, came to the conclusion that the contract holders have no redress, because of the flexibility of the Standard Exhibition Contract, which does not hold the producer liable in case he chose not to make a given number of pictures. “I am therefore reluctantly forced to the conclusion that M. has no basis for a successful legal action either against Pathe Exchanges, Inc., or against the RKO interests. . . .” In consequence of this decision, one is forced to come to the conclusion also that the contract holders may be sued by RKO Pathe in case they should refuse to accept the Pathe shorts. The only way out for them is, in case they have many Pathe shorts unplayed, to demand an adjustment before signing a contract for the RKO Pathe product. RKO “Rachelor Apartment” : This picture is delivered for “Babes in Toyland.” But “Babes in Toyland” was to have been founded on Victor Herbert’s musical comedy, with Bert Wheeler and Robert Woolsey in the leading parts ; and since “Bachelor Apartment” has been founded on a story by John Howard Lawson it is a story substitution. RKO must be commended for having refrained from making “Babes in Toyland,” because musical pictures no longer draw in the majority of the theatres : but it should at least make the picture with Bert Wheeler and Robert Woolsey before it should ask you to accept it. As it is, you are not compelled to take it. It is my belief that “Cracked Nuts” was the picture produced to take the place of “Babes in Toyland”; but because these stars draw fairly good crowds, RKO took it way from you and attempted to deliver in its place “Bachelor Apartment,” which, though an excellent picture, will not draw one third as much business as “Cracked Nuts.” If RKO wanted to be fair, it should deliver “Cracked Nuts” to you. You should insist upon the delivery of “Cracked Nuts.” You are entitled to it. Sono Art-World Wide “Damaged Love” (80 77) : “Week End Sinners” is supposed to have been the original title of this picture. But “Week End Sinners” was to be founded, according to the contract, on a story by Gerald Bowman, and since “Damaged Love” has been founded on a story by Thomas W. Broadhurst it is a story substitution. “Swanee River” (8063) : According to the Sono Art Work Sheet this picture was to have been founded on a story by Roger W. Sherwood; and since the finished product has been founded on a story by Barbara Chambers Wood it is a story substitution. Tiffany Productions Tiffany has had no substitutions so far. Many exhibitors want to know if the merger of Tiffany and Educational nullifies the franchise. Because of the fact that the details of the transaction have not become public, it is difficult for one to know. The exhibitor has to take his chances in considering the franchise breached, if he wants to invoke Clause 12. If Tiffany should fail to deliver a minimum of 26 pictures during the entire 1930-31 season, then the franchise may be considered definitely breached. United Artists Because United Artists sell their pictures individually, and as a rule after they have them completed, they have had no substitutions so far. Universal Universal informs the exhibitors that “Seed,” formerly “Merry-Go-Round,” “Virtuous Husbands,” formerly “Saint Johnson,” (later “The Up and Up,”) and “Iron Man,” formerly “Ourang,” are substitutions. It is the only company that has instituted a policy of informing the trade what substitutions it has made. For this, it is entitled to the consideration of the exhibitors. Warner Bros. Pictures “Captain Thunder” (3 1 1 ) : “A Gay Caballero” was the original title. But it was to have been founded, according to a Warner advertisement in the June 25, 1930, issue of Variety, on a story by Stewart Edward White, and since the finished product has been founded on a story by Hal Davitt and Pierce Couderc it is a story substitution. “The Millionaire” (317) : On the contract, No. 317 was attached to “Both Were Young.” But “Both Were Young” was to have been founded, in accordance with the Warner advertisement in the June 25, 1930, issue of Variety , on a story by Hugh McNair Kahler, and since “The Millionaire” has been founded on a story by Earl Derr Biggers it is a story substitution. But the contract did not promise George Arliss ; in fact, it promised no star. So if George Arliss draws for you you should accept it, for you will be getting better value than you bargained for. “God’s Gift to Women” (318) : “The Egg Crate Wallop” was the original title of this picture. There was no description of it in the Work Sheet ; but the Warner advertisement in the June 25, 1930, issue of Variety described it as follows : “This big time comedy of a small town boob packs a punch that will send records staggering. Back in Pumpkin Centre they thought he was funnier than a five-legged cow, but it took New York to proclaim him defter than Dempsey and tougher than Tunnev.” “God’s Gift to Women” has nothing to do with prize fighting or with any sort of boxing contest ; it is a musical comedy plot produced without music and without color. “Egg Crate Wallop” was a picture produced by First National with Charles Ray several years ago ; it was a fight picture. Warner Bros., in announcing this title, no doubt had in mind to remake the Ray picture : however, it changed its plans. But you are not obligated to accept “God’s Gift to Women,” because it has not been founded on the sort of theme described in the advertisement. In the future the substitution facts of each picture will be given in the review.