The Moving picture world (December 1920)

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December 11, 1920 MOVING PICTURE WORLD 707 Selznick Wins in Suit from Equity JUDGE LEARNED HAND In the United States District Court filed an opinion on December 1 dismissing the suit brought by the Equity Pictures Corporation against the Clara Kimball Young Film Corporation, the Select Pictures Corporation and Lewis J. Selznick individually. "As the relations between Miss Young and the plaintiff have now terminated, it is not apparent to me there is any further need of an injunction, nor, indeed, of any other relief," declared Judge Hand. "But if the defendants in fact wish it, they may have the temporary injunction made permanent, since that is the usage even though the party enjoined has ceased to offend." The reference to an injunction relates to a counter injunction obtained by the defendants in the litigation enjoining the plantiff from distributing the feature picture which Miss Young was under contract to produce for the Selznick Companies. Judge Hand then reviewed the negotiations leading up to the severance of Miss Young's relations with the Selznick Enterprises and her formation of a producing company of her own, following the execution of a so-called settlement agreement with the Selznick Enterprises under which the actress agreed to pay the Selznick companies $25,000 on each of ten feature pictures. "The settlement contract gave Miss Young the right to enter into any bona fide employment," continued Judge Hand, "and I will assume in that case that Selznick had recourse only to garnishment of her salary or profits through the device of an assignment. "Miss Young did produce, Selznick got a lien, under article 8 (referring to the settlement contract), on the re Cincinnati Film Board to Help in Sunday Fight Means of obtaining legislative relief at the coming session of the General Assembly of Ohio for those moving picture theatres throughout the state that have not been permitted to operate on Sundays were discussed recently at a meeting of the Film Board of the Cincinnati Chamber of Commerce at the Gibson Hotel. Fred Strief, president of the board, in discussing the proposed measure, stated: "Although Cincinnati is not affected by the law which closed theatres in many Ohio cities on Sundays, we are anxious to aid in some action that would lift the ban for all. We propose to have representatives in Columbus during the meeting of the General Assembly." suiting negatives and positives which would follow them into the hands of any one who took them with notice of the settlement." "An account was struck between Miss Young and the company as of May 1, 1920," added Judge Hand. "After three plays had been produced, and while a fourth was in preparation, the total profits on these had been $145,995, of which Miss Young's share was, roughly, $97,000, and Garson's $29,000, leaving some $19,000 for the suppositious services of Brownson, the titular stockholder. In fact, Miss Young had received about $114,000 and Garson $75,000. "Without pretending to be accurate in figures, it is plain enough that Miss Young and Garson got all the profits there were," concluded Judge Hand. There are a number of suits brought by the Selznick companies to inforce payment of $25,000 on each of the ten Young features pursuant to the settlement contract still pending. Metro Office Has $15,000 Fire Damage; Print of Ina Claire Picture Destroyed DAMAGE amounting to $15,000 was done the home offices of Metro Pictures Corporation in the Longacre Building, New York City, on Wednesday, December 1, when a print of Ina Claire's "Polly with a Past" being shown in the projection room, caught fire in some unaccountable way. President Richard A. Rowland's office and the offices of the auditing and contract departments were considerably damaged by fire and water. Rapid work by firemen prevented spread of the flames to the offices of J. E. D. Meador, head of publicity and advertising, and of General Manager William E. Atkinson. Rowland Rescues Jones That nobody was injured is largely due to the presence of mind of Mr. Rowland, Mr. Atkinson and Mr. Meador, who were in the projection room when the explosion occurred. Mr. Rowland ran into the blazing booth and helped Ralph Jones, the projectionist, and a boy who had been changing the reels, out of danger. Jones was unhurt and the boy was only very slightly burned on one hand. Mr. Atkinson and Mr. Meador led the employes out of harm's way and sent in the alarm. The print of "Polly with a Past," which is from the Belasco stage play in which Miss Claire starred, was destroyed. Another print has already been ordered from the laboratory and work will be rushed on it. The showing was a private one and only the three men named were in the room. It has been suggested that the film was ignited by a spark caused by the striking of two pieces of metal. The booth was gutted. Workmen were put to work immediately after the fire and business was conducted as usual in those parts of the suite of offices untouched by the flames. H. G. Wells Changes His Opinion After Watching "Kipps" Story on Film A striking example of the length to which Stoll producers arc going in the endeavor to get realism — or in other words to reflect the spirit of the books being interpreted—is supplied by a list of clippings taken from practically all of the London newspapers of November 5, in which are described the photographing of two big scenes for H. G. Wells' "Kipps" at the Savoy, the famous hotel known as the gathering place of a host of Americans. Harold Shaw, an American favorably remembered by many film men in this country through his long association with the Edison company, was the director, and he had as non-professional aids several hundred regular guests, including many notables in social and theatrical circles. Mr. Shaw took over the lounge and grill room of the restaurant at midnight November 4, and it was 7 o'clock in the morning before he retired with his professional players and assistants. One of the most enthusiastic of those who saw the performance was Mr. Wells. It is said the author has a deep-seated prejudice against the portrayal in the flesh of his characters, his antipathy being based on the belief that each reader forms his own idea of a character and that it is impossible for an actor to harmonize these varying conceptions. Mr. Wells, however, after watching George K. Arthur in the title role, declared without hesitation "Kipps Is Kipps." Two Suits Filed Against Omaha Film Trade Board Two exhibitors have brought suits against the Omaha Film Board of Trade, consisting of exchange managers, alleging combination in restraint of trade. C. C. Binderup, who states he controls a string of little theatres in southern Nebraska, has sued for $750,000 damages, alleging that by illegal combination the Board did that much damage to his business. The managers say Mr. Binderup was subjected to the board's regulations and was declined film on the charge that he booked pictures for a certain number of days and kept them longer than that period. He was charged with circulating the films among theatres other than those for which he had booked them. "Lost" His Theatre William Swan, formerly owner of the Swan theatre in Columbus, Neb., has sued the board, its individual members and the companies they represent for $326,000, alleging that by illegal combination they robbed him of business and drove him to the situation of selling his house to another exhibitor, a member of the board. He sold the house to A. H. Blank and Harry Weinberg, manager of the A. H. Blank exchange in Omaha. Mr. Weinberg says the purchase of the house was the culmination of an offer made to him by Mr. Swan in February, 1919, before the board was organized. Mr. Swan was another of the exhibitors who were subjected to the regulations of the Film Board.