The Moving picture world (May 1922)

142 MOVING PICTURE WORLD May 13, 1922 state officers were ordered to take these matters up with the National President. This I know was not attended to, as well as the matter of adjustments with respect to film contracts complained of at the convention. I wrote to President O'Reilly in March about these matters and tried to arrange conferences with him to take up the same in a definite way, and I received a reply in which he stated that the matter was being attended to. Yet no action was taken in this matter by Mr, O'Reilly. I enclose copy of correspondence. "It would seem that the time and great amount of money used by Mr. Herman in touring the Middle West, abusing me and making slanderous statements generally about our organization could have been used to better advantage carrying out the instructions given to Messrs. O'Reilly and Herman at the Albany convention and earing for the wants of our members in the State. The State headquarters in this city have been used as the central point for the issuing of this slanderous propaganda in which the Motion Picture Theatre Owners of America was discredited and left open to outside attack. All of this time the interests of the State organization were being neglected. Tou will recollect at the meeting in the State headquarters in New York City on Tuesday evening, April 25th, that Mr. O'Reilly stated in the presence of members of the Executive Committee and officers of the Motion Picture Theatre Owners of the State of New York, that he sent Mr. Herman into the Middle West and was paying half of his expenses. "The money collected by the New York State organization, through O'Reilly and Herman, from the Theatre Owners of the State for the purpose of paying the State's quota to the National Convention has not been turned over to this office. I am sending you copy of a letter of date of April 1, 1922, which I sent to Mr. O'Reilly asking that this money be turned over so that I could pay the fee of our National counsel, Senator Walker. Mr. O'Reilly made no reply to my letter of April 1st, and at different times since I called his attention to the money not being turned over and he paid no attention to it. "The small balance due to Senator Walker would have been paid by the National organization if Mr. O'Reilly turned over this money as directed by the Albany convention. Hut with New York State's quota not paid, I could not pay Senator Walker, as there were no funds in the National treasury and I gave Senator Walker my personal check for $3,000. I always desired to have Senator Walker active as our National counsel and 1 still feel that If the breach between na can be closed In any way advantageous to the Motion Picture Theatre Owners of America, that he should remain in that position. "At a hearing in Albany, some time the latter part of February, I believe, when the Lusk-Clayton bill was being considered, Canon Chase, who was in favor of its passage, told Senator Walker, in effect, that he was in the paid service of the Theatre Owners. The Senator replied that he was connected with the Theatre Owners, but that his salary was not being paid. This was published in the newspapers of that time and was in substance as above, as I remember it. I felt that this statement might react against the Motion Picture Theatre Owners of America and it also betrayed some dissatisfaction on the Senator's part. I immediately tried to get the necessary money from the New York State organization to pay the Senator, and, failing in this, sent him my personal check for $3,000. "On March 25th, 1922. I sent a letter, copy of which I enclose, to Senator Walker telling him we were preparing a budget to submit to the National Convention at Washington and asking him to indicate what his retainer would be so that contract might be arranged at the National Convention. "Senator Walker did not reply to this letter. "I submit that the matter before you now Is the neglect of duty of President O'Reilly and Secretary Herman, of the New York State organization, as per the charges filed by the Motion Picture Theatre Owners of Rochester. This Is entirely a State matter and the National phases of the controversy will be taken up by the National Executive Committee at Its meeting In Washington. "Respectfully submitted, "SYDNEY S. COHEN." "May 1st, 1922." Mclnerney elaborated later by saying that at the Rochester meeting Mr. Greenstone had reported that he had attended the meeting of th Board of Directors in New York City last week and that he found there was a controversy between the various factions. Mr. Greenstone was asked by the Rochester exhibitors if Walker was a candidate, whereupon Mr. Greenstone, he said, answered that he had put that question squarely up to Walker in New York and that Walker had replied that he "was not a candidate." In the absence of Cohen, Fay and Salyerds, Mr. Mclnerney said that his case was complete. Walker (To Mclnerney) : Were, these charges of the Rochester exhibitors based on information published in "Exhibitors' Bulletin," the letter from Cohen and conversations had by your clients with Cohen, Fay and Salyerds ? And were these charges made on the hearsay information? Mclnerney : Yes, and conversations Mr. Callahan had with Mr. Linton. Walker: Well, I guess Mr. O'Reilly will explain that. (Here Mr. Walker introduced O'Reilly.) O'Reilly (To accountant) : How long have you been an accountant for this organization? Accountant: Since December 1, 1921. O'Reilly: Are you willing to swear to any report that you have made or will make? Accountant : Yes. O'Reilly then referred to various reports, which Treasurer Linton, following the accountant, admitted were so. Mr. O'Reilly then referred to Mr. Linton's own report to the State convention in Albany in February, when a special accountant engaged personally by Mr. Linton went over the books. Mr. O'Reilly called on Mr. Michaels, as chairman of the exhibitor auditing committee that verified the report during the convention, to testify as to the truth of the reports. Mr. Michaels said they were true. Mr. O'Reilly then said he had a receipt for every house, showing the amount paid and when paid. He also displayed these receipts. Here Mr. Linton jumped to his feet. "Here, listen, this can be settled in about a minute," said Mr. Linton. "The Rochester exhibitors have said that I said certain things to them. They asked me if I received $850 sent by them. I said nothing that I remember, although I might have said that I did not receive such an amount." Then he went on to explain that all his conversations were by phone. Relative to Mr. Hays, he said that he might have made such a statement but he did not remember it. Mr. O'Reilly then asked Mr. Hays where he had obtained his information. Mr. Hays said he got it from Greenstone, who in turn told about talking to Callahan who said he had talked to Linton, the latter saying that he knew about the money. Walker (To Greenstone) : Was ever the statement made that the Rochester dues never were turned over to the treasury? Greenstone: No. Walker : Was ever the statement made to you that the dues were not paid over? Greenstone: No. I was with Mr. Callahan when he spoke to Mr. Linton over the telephone and after the conversation Mr. Callahan turned to me and said he doesn't know anything about the money. Walker (To Lir^on) : Mr. Linton, how much did you receive from the Rochester unit in dues? Linton : I received $887 in dues from the Rochester unit. Here the reports and statements were shown and Linton pronounced them correct and the fact developed that Linton had misunderstood the situation, that the $887 referred to the amount the Rochester exhibitors were asking about, that that amount represented dues and that Linton was under the impression that the Rochester crowd referred to a lump sum of $850. Mr. Greenstone admitted that that information was what the Rochester men sought. With this admission came the exoneration of guilt of the money charge. After about another thirty minutes' confab. Walker made his address to the Board, bitterly attacking Cohen, Fay, True, Salyerds, whom he said was an employe of Urban's Movie Chats and Moeller. He repeated charges he made last week before the Chamber of Commerce. After his address, the resolution exonerating Messrs. O'Reilly and Berman was passed unanimously, the entire Board voting "yes" on a roll call vote. Mr. Greenstone then thanked the Board, stating that it was clear that an injustice had been done and that he was very sorry and would explain the situation to the exhibitors in Rochester. He was confident that they would see that justice was done. He said he was glad he had come and before leaving heartily shook hands with O'Reilly, \\'alker and Berman, adding that the Rochester unit was going to Washington ready to fight to the limit and oppose a "maligner of honest men's reputations." Michaels told of the escapades of Salyerds, saying that he "didn't dare come to Buffalo." Brandt then read the following resolution passed by the Picture Theatre Owners Chamber of Commerce. "Whereas, Efforts are being made by a small group to undermine the strength and unity of the Motion Picture Theatre Owners of the State of New York by impugning the loyalty and integrity of Charles L. O'Reilly, President, and Samuel Berman, Secretary, both members of the Theatre Owners Chamber of Commerce and, "Whereas, The Theatre Owners Chamber of Commerce recognize that both these men have rendered invaluable services on behalf of the Exhibitors of the City, State and Nation, and that the attacks against them are insincere, malicious and are prompted by mean, petty, selfish political purpose. "Therefore be it Resolved, That the Theatre Owners (Chamber of Commerce hereby condemns the individuals responsible for this unjustifiable attack and hereby expresses its fullest confidence in the loyalty and integrity of Charles L. O'Reilly and Samuel Berman. "Be It Further Resolved, That a committee of three be appointed to personally deliver this resolution to the Executive Committee at Albany. "I hereby certify that the above resolution has been adopted unanimously by the membership of the Theatre Owners Chamber of Commerce at its regular meeting held on May 2. 1922, at the Hotel Astor, City of New York." The motion that Senator Walker be invited to accompany and be a party of and sit with the oflicial New York delegation at the convention passed unanimously. Mr. Linton arose and suggested that Mr. Walker be made a life member of the New York organization, but he refused saying he was through. Mr. Landau of the T. O. C. C. then reminded the exhibitors that Walker was an honorary member of his organization. Leo Becker of New York said that Cohen had misrepresented facts when he (Cohen) said that Brecker had advised him to remain away from the Chamber of Commerce hearing last week. Brecker also directed attention to the telegram, he said was sent from national headquarters, that "the State Board of Directors had condemned O'Reilly and Berman when as a matter of fact no such meeting was held April 24." A motion to repudiate this statement and branding it as a falsehood was passed unanimously. A motion expressing confidence in Senator James J. Walker and also to express the organization's appreciation of his efforts, was passed unanimously and amid enthusiastic applause. Mr. O'Reilly then thanked the Board of Directors for the vindication and exoneration, and hearing adjourned at 7 o'clock to meet in Washington on Monday morning. May 8 to elect delegates to the convention.