Variety (January 1922)

^^^^^^^^M «e PICTURES Friday, January 27, 1922 THEATRE OWNERS AND 1ST NATL REPORTED UNDER INVESTIGATION Federal Trade Commission Adds Two More in List of Film Indictments — Owners Accused of Discrimination—Urban Chats Case Cited Washington, T). C, Jan. 25. The Federal Trade Commission hsiH two additional picture enter- prises under Investigation. In addi- tion to the Famous Players investi- gation, which has been continued Since the indictment againt that corporation was handed down some months ago. The two organizations, It Is un- derstood, are the Associated First Hational and the Motion Picture Theatre Owners of America. At the First National offices in New York it was stated there was An understanding there was an in- vestigation b<Mng carried on by the Federal Trade Commission. 4 The investigation directed against the national organization of picture theatre owners Is paid to be based t>n thj fact the organization has en- tered the distributing field and han- flling the Urban Movie Chats, with the membership in signing for the pictures canceling other news weeklies and educational features. LOEWS AND MOSS' USING FOX FILMS First Times for Each Circuit— "Toreador" and Tom Mix. Pictures Showing FEDERAL COURT RULES AGAINST OPERATORS Sustains State Tribune — Picketina Theatres Called "Nuisance" The B. S. Moss houses, for the llrst time since becoming affiliated ■with the Keith offices, are playing Fox features In conjunction with Keith vaudeville. "The Toreador," a Fox picture, *r&s part of the program at B. P. Moss* Broadway the last half of this weeR, moving i p from the Jef- ferson, another Moss house, where It played the first half of the week. The Loew circuit is playing the Tom Mix feature, "Sfry High." an- other Fox film, in its vaudeville foouses for the first time. » The Loew people have played Fox pictures in their straight picture houses, but this Is the first time that th .- have-booked thorn in con- junction with their vaudeville bills. WALKER JABS CENSORS Senator Takes Fling at Lusk, Sponsor of Film Commission Albany, Jan. 25. Senator James J. Walker, Demo-| fcratic minority leader In the State Senate, took a neat wallop at the Film Censorship Commission iu the Cpper House on Monday night. Senator Clayton K. Lusk, Repub- lican majority leader and co-author le»f the censorship law, had Informed the members of the Senate that they tiad been invited to attend an illus- trated lecturo in the Assembly Chamber on the New York port de- velopment. Senator Walker was on his feet in an instant. . •Wait a minute," the Beau Brum- fnel of the Upper House, bawled. •'Have the pictures been censored. It is well to know whether or not the law has been complied with." *'Yes f the pictures have been cen- sored," Senator Lusk replied. •'Then they will not be worth looking at," Senator Walker retorted and sat down. Kansas City, Jan. 25. The United States Supreme Court, in a decision this week in a Kansas City case, dealt a blow against picketing by organized labor which will be of interest to every amuse- ment manager in the country. Chief Justico Taff announced the dis- missal for want of Jurisdiction of the application of the Kansas City Motion Picture Machine Operators' Local No. 170, the International Al- liance Theatrical Stage Employes and others, to bring before the court an appeal from the Missouri Supreme Court. The appeal was taken from an injunction granted by the State Court enjoining the picketing of the Eastern Picture theatre of this city. The State Court in its de- cision held that picketing of the theatre intiminated patrons, di- minished patronage, constituted a nuisance and had no substantial re- lation to the promotion of the wel- fare of union men. The motion pic- ture operators in their appeal to the United States Supreme Court con- tended that the State injunction was a violation of the fourteenth amendment, in that it deprived them of the right of free speech and per- sonal liberty. EDUCATIONAL EXPERIMENT Frisco Theatres to Try Saturday Morning Show for Children San Francisco, Jan. 23. To provide visual education with- out cost to the school children of- San Francisco, a plan is being formulated here to utilize the mov- ing picture theatres on Saturday morning*i at which tim^ films of an educational nature will he shown. The plan is to be tried some time in February. It in being directed liy Professor Mayer, of the depart- ment of visual education. Univer- sity of California, who is working in conjunction with Managing Director Thomas O. Van Osten of the Motion Picture Theatre Owners' Association of Northern California. AGAINST CIVIC FILMS San Francisco, Jan. If, So strenuously did the Oakland picture exhibitors protest against the rental of the Civic Auditorium Cor the showing of-films that the city fathers of Oakland last week passed a resolution fixing the rental fee of the auditorium at $750 a day when pictures wero to bo exhibited. The Auditorium theatre is now housing the road attractions which play the trans-bay city. A fee of $200 a d.y is charged for the use of the house for legitimate attractions, which, until last week. Included feature pictures. The new prohibitive rental fee means that the last films have been shown at theatre. STARKING SIGRID HOLMQUIST Sigrid Holmquist, the Swedish Mary Pickford, has been placed under contract by George McGuire, and Is to become a star in her own right as soon as completing her present contract with the Small- wood organization for whom she la appearing in "In Old Kentucky." The next production that this or- ganization is going to do will be a screen version of "The Queen of the Moulin Rouge," which Thomas Ryley produced some years ago on the stage. SHOT BY BANDIT Cincinnati, Jan. 25. Moiris Lee, aged IS, manager of the Strand movio theatre, Coving- ton, Ky., was shot and killed by a bandit in front of Lee's home Sun- day night. Lee was sitting in his auto, after his mother and sisters left the machine. He had $300 in the car, the day's receipts. The bandit shot through the curtains, evidently to frighten Lee, and the bullet entered his heart. The mur- derer fled without taking the money. NEW CITY ORDINANCE ALLOWS MORE FILM Theatres Hampered in New York by Old Law of 5,000 Feet—Owners' Action A city ordinance has been intro- duced before the New York Board of Aldermen at the behest of the Theatre Owners' Chamber of Com- merce which will replace the one now on the statute books regarding the quantity of film picture the- atre can have on its premises. At the time of the advent of the picture store show many years ago a law was passed a maximum of 5.000 feet of film was only permitted in any theatre playing pictures. This measure was designed to lessen the fire hazard in tire small theatres. Recently" the present administra- tion in the Fire Prevention Bureau dug . the old ordinance • ' began to enfor e it, with the result a num- ber of exhibitors were found to be violating the law. In the old days when the law was originally drafted the average show ran about three reels. At present a complete pro- gram, including news weekly, trav- elog and scenic, the feature and the comedy, comprises from eight to ten reels. The new measure strikes out the old limitation of flvo reels and pro- vides for having on hand one com- plete show. — WHO FEEDS THE FURNACE? Court Refuses to Reimburse Theatre Men for Coal Bill • A novel point of law of interest to all theatre lessees who occupy property that is part of a major structure such as an adjoining office building and stores, is involved in the suit of the Springer Theatre Co., Inc., lessees of a theatre at 77th street and Broadway, against Fran- cis A. Lowe and Charles II. Lowe, the landlords of the premises. The question Involved revolves about whether the landlord Is supposed to heat the theatre when it forms part of a building and where the tenant dpes not have access to the furnace. The theatre is heated by radiators from a central furnace as are the adjoining stores. The Springer people sued for $1?000 claimed as expense incurred in heating the house and lost out. The defendant counter sued for a similar amount for rent due and recovered judgment for $917.43. The Springer Co. has retained Prof. I. Maurice Wormser, editor of the "New York Law Journal," to prepare a brief on appeal from this decision, which de- cision will establish a precedent in theatrical litigation on that par- ticular phase. CAN U.JiET OUT? "Foolish Wives" Reported to Have Cost $1,600,000 DAY-AND-DATE try, failure Buffalo, Jan. 23. The Elmwood, booked by the Shea Amusement Co., on a day-and-datc first-run policy with the Hipp and North Tark, will go back to its original policy Monday. "When the booking deal with Shea was first announced, Jan. 1. the ar- rangement was to be for three months. Scores of protests from patrons forced the management back to the former two-feature second-run policy, after three weeks' try-out. HAMPTON A HERCULES Los Angeles, Jan. 25. Through a plan proposed by Ben- jamin B. Hami»ton '. t film repre- sentatives and Hollywood business men last week, a propaganda cam- paign to combat scandalous news stories about the film colony and districts will probably be launched here. Hampton urges Internal cleaning of any flagrant violations of ethics and morals within the film area, as well as the suppressing of outside stories. FILM BUSINESS POOR Paris, Jan. 25. Exhibitor I state the film busi- ness at present is in a precarious condition, alleged to be mainly due to heavy taxation. Tho new hall known as the Louxor In Paris, opened by the late Henri Sllberberg, In November, last, has gone into liquidation. On the other hand, another film theatre, with a capacity of 2.000, is being built at Ivry, a suburb of Pari* AMERICAN'S JUNGLE PICTURES The American Releasing Corp. (F. B. Warren and Walter Greene) has secured the distribution rights from Exceptional Pictures of the new Martin Johnson Jungle Pictures. "C. B. OE MILLE RETURNING Los Angeles, Jan. 25. Cecil B. de Mille, director general of the Lasky studios. Is expected home from abroad early next month He is scheduled to leave England Jan. 28, arriving in New York Feb. 3, and comes immediately to the coast. Work on * 'Manslaughter" will start upon hi? arrival m Holly- wood. It is pretty reliably reported that "Foolish Wives," which Is being advertised at the Central as "The Million Dollar Picture," actually cost $1,600,000. This Is the first time a producer has chopped production costs in an announcement. The reason is said to be that the actual cost would have scared off the show- men who might be approached with a proposition. When Universal leased the elec- trio sign on the Astor theatre in Times Square, and week by week gave the figures on •'Wives" up to $1,250,000 or thereabouts, the adver- tising idea was suddenly blanketed and the total was removed long be- fore the picture was completed. It is figured that "Foolish Wives" will have to gross somewhere around a million before it can begin to charge off its negative cost, and Times Square is wondering where it will get off. The company ha9 been extraordinarily successful— some envious ones say "lucky"— with a number of costly features, beginning with one several years ago about the Kaiser. The arrival of the film at the Central did not create much of a stir. * ut the trade has no real line on what it really is doing. The impression is, however, that the scale of $2.20 top is against a big popular draw. A lot of sightseers Inspect the lurid display in the Central lobby, but back away from the $2.20 scale. Over the price schedule there is an impressive sign, "Free List Entirely Suspended." which gives the film trade a smile. TURNBULL'S RETURN MAY MEAN POLICY Famous Scenario Writer's De- parture as Reflex of Fam- ous Foreign Scheme London, Jan. 25. Hector Turnbull, former head of production at the Famous Players, Los Angeles studios, who has been in England for about eight months, is sailing for New York on Feb. 8. Accompanying him will be his wile and her daughter. , The return of Hector Turnbull from abroad seems a general veri- fication that Famous Players is about to pass up its English pro- ducing plan and that the corpora- tion, which was founded abroad, will, within a short time, go the way that the India producing plan did. At the time he left Los Angeles last July Hector Turnbull had just completed the production of a num- ber of features, proving that it was possible to turn out pictures of first run calibre at $50,000. Thia was dpQS by combining the Work of tho Continuity writer with that of the director and having the latter prac- tically under the direction of the former. It was believed that Turnbull would be placed In charge of Eng- lish production for the organiza- tion, but instead he took a com- plete rest while abroad and de- voted himself to fiction writing. At present there are two com- panies working abroad for Famous Players, one under the direction of George Fitzmaurice, and the other under John S. Kobertson. Both have virtually completed the pro- ductions which they were shooting in Spain and Italy. When these pictures are completed both will undoubtedly return to this Country, although the filming of "Blood and Sand" In Spain, and the making of a picture in Egypt were on the original schedule fur these di- rectors. ANOTHER EGYPTIAN STORY Famous Players has secured the picture rights to another Egyptian story, following up the success of "The Sheik," It is a novel by Ar- thur Weigh a member of the ttafl of the London "Daily Mail." with an enormous sale in England under the title "Brother! of the Desert." and published in America under the name "Burning Sands." The James F. O'Shea's Daughter Los Angeles, Jan. 2". Mr. and Mrs. James F. O'Shea, at their home in Hollywood, have a daughter. Mr. O'Shea Is production manager for the Allan Holubsr pic- tures. BAKER IS MENTIONED AS HAYS' LIEUTENANT Former Universal Manager Boomed For Appointment Speculation has been rife as to the identity of the appointees to be made by Will H. Hays to asstst hlrn in organizing the new national as- sociation of producers and dlstrib* utors of which he takes active charge March 4. Most interest cen- ters on the office of executive sec- retary. In that connection, the name most prominently and most favor- ably mentioned is that of Tarkington Baker. Mr. Baker is known through- out the industry as a man to whom no Strings are tied, as one of the squarest men in the business. He was for a long period general manager of Universal and was also, later, general Far Kastern'repre- sentative for Famous Players. While in India in this capacity, he built a big studio for Famous. He knows the industry thoroughly and com- mands the respect and confidence of the exhibitors. He is personally acquainted with Mr. Hays and hails from the same State, Indiana. An effort to see Mr. Baker failed. Intimate friends, stated rumors to the effect Mr. Baker would be asked to take the office were probably un- founded. It Is the general consen- sus of opinion, however, that Hays may select him on his record alone. Baker's knowledge of publicity re- quirements would make him in* valuable. Baker's friends say he would be acceptable to all the ele- ments concerned and would be able to do more than anybody else to promote and maintain harmony. 1ST NATL FRANCHISE SUIT Utica, N. Y., Firm Asks $40,000 for Loss of Rights Utica, N. T., Jan. 23. The $10,000 breach of contract suit in Supreme Court here, brought by the Alhambra Amusement Co., Inc., of this city, against the Associated First National Pictures, Inc., of New York, is on. Selection of a jury proceeds Fri- day before Justice Louis If. Martin, and trial will begin Monday morn- ing. Witnesses from Colorado and California will come. S. F. Jacobs of New York will appear for the de- fense, with Miller & Hubhell of Utica, while Lewis, Pratt & Fowler I of Utica will appear for the plain- tiff. The suit is.over alleged breach of contract after promise to furnish exclusive right to all releases. Sep- tember 10, 1920, it is alleged, the local theatre company bought 22.2 shares of stock in Associated First National Pictures. Inc., for which it paid $2,200. Charges of $73 per $100,000 exhibition value set by the company were to be made fur films. The plaintiff alleges the contract was repudiated Nov. 3, 1020. The franchise was then sold to Wilmor & ^\"incent, Inc. It is expected the trial will cover at least three da vs. "ANGEL FACE" CONTROLLED Joseph P. Bickerton, Jr., acting as attorney for A. fi. Krlanger, George W. Lederer, Harry Powers, producers of "Angel Face,*' and Vic* tor Herbert, Robert B. and Harry B. Smith, authors and composers of the musical comedy, has notified Vitagraph his clients control the title 'Angel Face" and the filniiza* tion under the name will bo re- garded as an infringement. Under the law, a title by itself cannot bo copyrighted, but is re- garded by the U. S. patent office ns a trademark when uaed in connec- tion with a production. JUNE LA VERE SUES Los Angeles. Jan. 2">. Suit for divorce was Med here last week by Mrs. Clifford S. Ulfelt, known in film circles as Jute- La Yere, against Clifford Elf elf, head of the Metropolitan Films Company of this city. Extreme cruelty »* charged. Mary and Doug Coming East Los Angelas, J;»n. 2"«. Mary Pickford and Douglas Fair- banks have left for New York on a business trip. Their Beverly HUli home is for sale, although they have made no plans for a lengthened - sence. It is reported Mis.-? Pickford has been requested to come to N«* York to attend the trial of the suit brought against her by Mrs. Cofl C. Wilkcnning, the agent, for over $100,000.