The Moving picture world (January 1922)

January 7, 1922 MOVING PICTURE WORLD 33 Advertising Clubs of the' World Have Been Conducting a Full Investigation Findings to Be Put Up to Dr. Holley in Order to Permit His Reply Before Publication services to said defendant company until said defendant company refused to abide by or perform its contract with said com- plainant, so made as aforesaid, or to pay said complainant anything further, not- withstanding it was then long in arrears in the payment of the moneys so due and owing said complainant under said con- tract, as aforesaid, and has ever since refused to pay complainant said moneys, or any part thereof, and has sought to repudiate and break its said contract with complainant, although throughout the en- tire period of time said complainant had aided said defendant company in every way in his power toward the acquisition, development and consummation of its film business, as aforesaid, under the terms of their said contract, and had in- creased and added to the form, character and volume of its said business to the extent of more than four hundred thou- sand dollars; but the exact number of said contracts thus made with said de- fendant company, the names of the indi- viduals or corporations thus contracting at the instance of complainant with the said defendant company, and the amount of money thus contracted for, are to complainant entirely unknown, although presumably on the books of said defend- ant company and fully known by its_pro- per officers and agents, and complainant avers that it is material and necessary that said defendant company make discovery of all such contracts, and the amounts of money covered thereby, as it has made by and with the assistance or aid of said complainant, in order that the court may determine from the proper accounting of said defendant, the amount or amounts of money now due and owing complainant by said defendant. Paid Only $5,500 "That although said defendant com- pany in pursuance of its said contract with complainant paid him from time to time money on account of his said ser- vices and expenses, he has not been paid over $5,500.00 in all, and said defendant company refuses to render him an account showing what sums of money are justly due and owing him, said complainant, and refuses to pay him whatever said amount might prove to be, or pay him anything further whatsoever on account of his said services, as aforesaid, and accordingly, as complainant is remediless at law, he prays: "First—That the defendant may be served with the process of this honor- able court and required to answer the exigencies of this bill of complaint. - "Second—That the defendant be com- pelled by this honorable court to dis- cover and make known to complainant any and all contracts, and their amounts, from the said 20th day of December, 1918, up to the present time, that were made by and with the help and assistance of said complain- ant, directly or indirectly, together with the entire volume of its business of every sort and description, brought to defendant by said complainant, or with which said complainant had any connection whatsoever under his said contract with said defendant company. "Third—That all proper references be made where to the defendant be com- pelled to bring its books of account, etc., that a proper and sufficient discov- ery be made of all its contracts in which complainant has any interest, so that a fair and just account be taken as be- tween said complainant and defendant. "Fourth—That said defendant company be made to carry out the terms of its contract with said complainant and pay him thereunder all moneys thus found to be due him. "Fifth—And for such other, further and general relief as to equity may seem necessary and proper. FRANCIS HOLLEY. "Leonard J. Mather "Attorney for Complainant. "DISTRICT OF COLUMBIA, to wit: "Francis Holley, on oath, says that he has read the foregoing bill by liim sub- scribed and knows the contents thereof; that the matters and things therein stated as of his own knowledge, are true, and those set out on information and belief, he believes to be true. "FRANCIS HOLLEY. "Subscribed and sworn to before me "this 19 day of June, 1920. JOHN P. CAGE "Notary Public, D.C." The Advertising Clubs of the World have been investigating Dr. Holley and we are advised that Mr. Winter, their coun- sel, has submitted his report to Dr. Hol- ley in order to permit a reply before the report is made public. We hope for the sake of his sponsor, Mr. Sydney Cohen, as well as himself, that the Doctor's answer will fully set the matter right. Marion Davies Hostess to 500 Former Soldiers Marion Davies, star of Cosmopolitan Productions, gave one of the biggest soldier Christmas party in New York City on Sunday, December 25. She consulted the American Legion and the Veterans of Foreign Wars to get a list of former serv- ice men who were unemployed, far from their families, or convalescing in military hospitals near New York. There were 500 responses and the main dining room at Shanley's restaurant, 43rd Street and Broadway, was bright with holly and evergreens as the motors drove up and discharged the guests. It was a merry party, bringing together dozens of men in the same divisions who had not met since the war and making new ac- quaintances which promise to turn into real friendships. Seventy-five turkeys were brought in. Miss Davies herself paid them a visit as the dinner was under way and 500 soldiers forgot all about their wondrous "eats" and rose to cheer their hostess. Famous Players and Metro Merger Reported THE merger season is upon us in f uU blast. First came the absorbing of Realart by Famous Players. Now we hear that Metro is to be absorbed by Famous Players, that the Bert Lytell and Viola Dana contracts now held by Metro will be taken over, and that Marcus Loew, in exchange, will absorb all the Famous Players theatres. This is without official confirmation, but the report is per- sistent in the trade. Two other mergers are being discussed, but they, according to the best informa- tion have not been accomplished.