Motion Picture News (Aug-Oct 1920)

September 4 , 1920 1851 Williams, Cohen and Patterson Reply to Alfred S. Black Williams Belittles Attack; Cohen Invites Proof; Patterson Denies Charge OFFICIAL statements have been issued during the week by J. D. Williams, manager of First National, and by Sydney S. Cohen, president of the Motion Picture Theatre Owners of America, making reply to the allegations directed against the First National organization and Mr. Cohen by Alfred S. Black, a prominent New England exhibitor, who is also head of the Motion Picture Exhibitors of America. Mr. Black's statement, including the various charges referred to above, is presented elsewhere in this issue. The statement issued by J. D. Williams from the First National headquarters is submitted as follows: " There are only two or three points in the statement by Mr. Alfred S. Black of Boston that deserve to be dignified by a reply from Associated First National Pictures. " The first is his vague and extremely ambiguous reference to Mr. N. H. Gordon of Boston. It hardly becomes Mr. Black as the partner of Mr. ""Adolph Zukor in his New England theatre enterprises to attack an absolutely independent exhibitor who has competed with him in that territory. It is only natural that any independent exhibitor who is compelled to meet the opposition of any theatre organization which is known to have the financial backing of the leading producer-exhibitor element should seek to protect his own theatre investments by affiliating directly and intimately with independent stars and producers. Mr. Gordon has done nothing more serious than this, and if his steadfast allegiance to the cause of independence is a crime to the eyes of Mr? Black and his partner, Mr. Zukor, then many hundreds of other independent exhibitors who are Mr. Gordon's fellow-members in this co-operative organization, are equally guilty in the eyes of Mr. Zukor and his partner, Mr. Black. ''Perhaps if Mr. Black had originally possessed the vision and the shrewd ability to foresee industrial evolution, which is one of Mr. Gordon's characteristics, he, and not Mr. Gordon, would have been the Associated First National member for New England, in which event Mr. Gordon's inherent faith in a sharp distinction between exhibition and production would not have placed him as Mr. Black's competitor in the dual position which Mr. Black occupies as an exhibitor working on capital obtained presumably from production profits. " We challenge Mr. Black to prove that he does not know he is wrong when he says that pressure is being used by First National to make exhibitors buy franchises. We want this proof in the form of affidavits from exhibitors which can be used as bona fide legal evidence in any court of equity. If Mr. Black is loyal and sincere in his oft-repeated declaration that he is ' of exhibitors and for exhibitors,' he is an absolute traitor to the exhibitor cause if he fails to provide the Motion Picture Theatre Owners of America with information to the effect that any of its members are being treated unfairly by Associated First National. " If Mr. Black would reduce his literary output to allow time for an occasional perusal of trade papers, he would have seen at some time or other the statement from this organizatoin which has been repeatedly published and which declares without equivocation that neither First National Exhibitors' Circuit nor Associated First National Pictures is interested in, has any affiliation with, or has any public or private connection with any booking proposition. However, Mr. Black wanted to make an attack, and blindness to facts always provides material for attack. " While we dislike to be burdened with the responsibility of the presence in our organization and Its offices of any producer-exhibitor representative, nevertheless we invite a most complete and careful investigation as the most definite means of again challenging Mr. Black's rights to be considered truthful when he declares that the ' so-called Pattersoji Chicago movement ' was financed by First National. If ' the attack on the Famous Players-Lasky Corporation alone was malicious and unfair,' as Mr. Black charges, evidently meaning that the ' so-called Patterson Chicago movement' was responsible for its start, then he deliberately and directlv accuses every exhibitor present at the Cleveland Convention of the Motion Picture Theatre Owners of America of being malicious, unfair and a party to something which, if untrue, is generally described as criminal libel. We refer to the resolution passed unanimously by the Cleveland Convention and accordingly concurred in by all the exhibitors present. If Mr. Black presumes to contradict the action of that convention upon this point, we presume that Mr. Sydney Cohen, President of the Motion Picture Theatre Owners of America, will, as a matter of respect to its members, rise in their defense and reply in person to Mr. Black on this point. " Mr. Black charges that ' the Famous Players-Lasky Corp. produces the best pictures made,' in which we disagree with him, but we do not believe that even he suspects the exhibitors of the country to be sufficiently gullible to assume that his opinion for or against the interests of any organization apart from Famous Players-Lasky Corp can be exactly neutral and utterly without bias, in view of his pronounced preference for that company. Consequently, we feel no special resentment toward Mr. Black for his attempt to criticise or attack our organization, because any attack of this character which if not free from preferences toward opposing concerns always is amenable to classification as a business move, in behalf of the concern to which the attacking party feels most friendly. " There is the same measure of absurdity in his reference to Mr. Cohen and the meeting of Connecticut exhibitors as there is in his other statements. It is due Mr. Cohen to explain that he left the meeting before the First National luncheon, at which Mr. Gordon presided, and to which exhibitors attending the meeting were invited, was even started. Therefore, he cannot make lasting his contention that Mr. Cohen showed the least inclination to lend his presence to anything that had the semblance of a First National gathering. " We want to suggest through Mr. Black's favorite medium of private communication — the trade paper — that his vacuum-cleaning propensities be reduced to specific statements of fact and not to generalities. " We will concede freely and happily that if Mr. Black could succeed even in part in creating doubt among exhibitors about the conduct of the affairs of the Motion Picture Theatre Owners of America, he would be adding strength to the name of Motion Picture Exhibitors of America, Inc., of which he admits he is president; and that more than this, if he could succeed even remotely in creating exhibitor suspicion about Associated First National," he would be adding strength to the opportunities sought by the company which is headed by Mr. Zukor, who has admitted publicly that he is financially interested in Mr. Black's theatre enterprises. " There is a curious and significant inconsistency in two paragraphs of Mr. Black's statement. In one he says : ' There ,c c^rtai^lv no reason why I should meet the Motion Picture Theatre Owners of America committee to answer such charges as they see fit to make. . . let any New England exhibitor who 'feels my organization has injured him in any way state his grievances to me, and I will be glad to meet him and give same my personal attention. Hence, why talk with any committee? ' " Denying the right of a committee representing the Motion Picture Theatre Owners of America to Investigate him and his affiliations, Mr. Black in another paragraph states : ' Why do not the officers ana this committee, the product of the Cleveland Convention, turn their attention to the greatest distributorexhibitor combination in the United States — the First National — and especially to the activities of Mr. Nathan H. Gordon of Boston.' " We should like to inquire of Mr. Black by what divine right or privilege he places himself in one sentence above the sordidness of a committee investigation, and in the next paragraph demands that a committee investigation be made of this ex'Moitor organization, and individuals prominent in it? " To us the only consolng phase of this entire matter is that witrfbut intention we are fortunate in selecting a rainy Saturday afternoon when ball games and outdoor recreation are not attractive in which to read Mr. Black's statement and prepare the foregoing. "ASSOCIATED FIRST NATIONAL PICTURES, INC. "J. D. Williams, Manager." President Sydney S. Cohen has responded to the accusations of Mr. Blackin a lengthy " open letter " which reads as follows : " Dear Sir : " The committee of independent exhibitors of the Motion Picture Theatre Owners of America appointed under the instructions of the Cleveland Convention to remedy the evils of unfair competition in the exhibiting field, sincerely regrets your inability or unwillingness to appear before its members. " The Committee is engaged in a task which ought to appeal to all friends of the industry and especially to the great body of motion picture theatre owners who have no producing or distributing affiliations, and whose investment can only be protected by intelligent and united action. " We hope that you will appear before our Committee and furnish us with data concerning the activities of members of the First National Circuit to which you allude in your letter to the trade press. The scope of the Committee's activities is large enough and its purposes are earnest enough to take up such evils as exist in New England according to your statement. You may rest assured that the Motion Picture Theatre Owners are deeply concerned in the welfare of the independent exhibitor. If you will furnish us with evidence which will wrarrant action on our part, we will get to work immediately and leave nothing undone to abate the dangerous practices to which you allude in your statement. " If, for any reason satisfactory to yourself, you do not wish to appear before the Committee personally, we will be glad to have you send in the facts, which we suppose are in your possession. Our organization was formed to fight and check all unfair competition no matter from what source or quarter it may develop. " Let us tell you in the plainest terms that our organization is neither directly nor indirectly affiliated with First National, though attempts have been made to have it appear so. " Your suggestions and ' leads ' as to an investigation of certain phases in the development of the First National have been anticipated by the Cleveland Convention which appointed a special committee for the investigation of franchise and booking plans. This committee is gathering data and will be under obligations to you for forwardng to it any facts which you may care to supply to its chairman. If your claim of friendship for the independent exhibitor is founded on fact, you will have nothing to fear from our committee which represents the independent exhibitors of the country. " You ask ' Why did Mr. Cohen and his committee refuse to admit ti.e press at their meeting with Mr. Zukor? ' Our answer is, this was done at the request of Mr. Adolph Zukor, president of the Famous PlayersLasky Corporation, who after hearing and reading some of the letters and affidavits of independent exhibitors of New England relative to threats and intimidations made by you and your representatives, asked us in justice to you to give you an opportunity to defend yourself. Mr. Zukor stated that this was a personal matter of his organization and he did not want the press present. We might also state that he vehemently denounced tactics as alleged in the letters and affidavits to us about yourself and representatives. " As to your question ' Why was it that the recent meeting of the Connecticut exhibitors which Mr. Sydney Cohen attended, was turned into a First National banquet?' This is our answer: The Motion Picture Theatre Owners of America sent out at its own expense a notification to all exhibitors in the State of Connecticut asking them to meet for the purpose of forming a state organization and suggesting an affiliation with our National organization. It was indeed the same invitation that had been extended in every other state. The response was gratifying, as you may have gathered from the report of the trade papers. " With the banquet following the convention and with the presence at the banquet of representatives of the First National and with the attempt to spread First National propaganda, we had nothing whatever to do. " Following is a copy of a letter sent August 3, 1920, ' special delivery ' to every exhibitor in the State of Connecticut notifying them to be present at the State convention at the Hotel Taft. " Dear Exhibitor : " In order that there be no misunderstanding as to the complexion of the convention called at the Hotel Taft, New Haven, on Friday morning, August 6, at 11 :30 o'clock, we are writing you again that the gathering of these exhibitors is for the specific purpose of organizing the independent exhibitors of the State of Connecticut, in order that your State may have a strong organization and be a part of the National organization which was formed at Cleveland, and so as -to be in a position of properly cooperating with them for the protection of your investment in this industry and the correction of the many abuses existing in this business. " We are just advised that on the same day at the same hotel there will be a meeting of theatre owners called for the purpose of discussing the First National franchise proposition. In order that there be no misunderstanding on this point we are advising you that the convention which is called for 11:30 a. m. has nothing in common with the meeting called for First National purposes at a later hour. " This organization has no affiliation with any producing or distributing corporation or organization. " We cannot urge you too strongly to be present promptly at 11 :30 a. m. at the Hotel Taft, New Haven, to help your state organize, because organization is the insurance of your business. Sincerely yours, Motion Picture Theatre Owners of America, SYDNEY S. COHEN, President. " Sydney S. Cohen, president of the Motion Picture Theatre Owners of America, C. C. Griffin, of California, vice-president, and E T. Peter, of Texas, treasurer, and S. I. Berman, executive secretary of the New York State League, attended the convention in Connecticut to help organize the independent exhibitors of that State. We did not attend the luncheon tendered to Mr. Nathan H. Gordon, of the Associated First National Exchange. We learned that this luncheon had been arranged for by an employee of one of Mr. Gordon's theatres in New England. We wrote to this party asking him to kindly postpone the luncheon to some other date, in order not to interfere with our convention. This man was asked to send a telegram or letter to the exhibitors of Connecticut to (Continued on page 1853)