Variety (January 1922)

Friday, January £7, 1928 MOTION PICTURE DEPARTMENT-Pages 39 to 47 PICTURES 47 FILM OUTSIDERS RELUCTANT ON GUARANTEES TO HAYS Mine Producers Said to Have Committed Themselves Personally to Pay Postmaster-General $300,000 in Three Years—Others Await Association pathe and First National, who remain apart from the rest of the reducing and distributing branch t th6 industry in connection with the deal for the leadership of Will ,; Hays, are said to be willing to come into the arrangement when U>e organization of a formal asso- ciation is approved. Xb the transaction now stands. Hays* salary for the next three years tt $100.0)0 a year is pledged by pome nine producers and distribu- tors individually, and in most cases personally. The association will be completed later, and this body will execute an agreement with the re- tiring Postmaster-General, but the individual guarantees will underlie the association's contract. It was this "personar* agreement which was signed last week in the Metro- politan Life building by Mr. Hays and tl.j producers concerned. Pathe, First National and a few Jker concerns were nut represented in these conferences. On the day the contract was signed (Jan. 18) Mr. Hays was ihe guest of honor at a dinner in Del- monico's, and subsequently a formal atatement was issu»d to the daily papers, setting forth in the most general and indefinite terms the purposes rf the all'an^o. Mr. Hays, upon his return to Washington the day following (Jan. 19), made a parallel declaration having to do with his gratification at the com- pletion of the arrangement, and nothing else. The detailed outline of his plans which the trade had hoped for was not forthcoming, and the whole pro* cedure was carried on in the familiar gum-shoe manner. Trade publication men who had made in- quiry previous to the Delmonico function had been informed that the dinner wit to be merely a private gathering of a social nature; that no newspapers would be represent- ed, and as the meeting would be without significance no statement enough. No corporation law/er, ex- perienced and expert in ways that are wily and in statements that are vague, could produce an article su- perior to this in evasion. Every- thing else is of a piece with this. What docs it mean?" Old Association Remains It is further pointed out by the independents and by several of the old line concerr that are not parties to the agreement tilth Mr. Hays that the old national associa- tion still remains; that it has not been dissolved; t'\at William A. Brady has not resigned as its head, and that, meanwhile, the new or- ganization, which Hays heads, has not been officially formed. Hays, in other words, has not been elected president of the national association, but is president of an association thus far rr.ade up of only eight con- cerns, as far as is generally known. A careful canvass of the industry shows no other concern, independent or otherwise, that has received an invitation to join the Hays group. Tet, as is freely stated in the rank and file of producers and distrib- utors, the eight aligned with Hays presume at times to speak for the industry as a whole and, at other times, to make it clear that they speak for themselves. Attention is further drawi to the fact that whatever may be the in- CENSOR COBB FAVORS LEADERSHIP OF HAYS M TESS"_F0R MARY McCulley Preparing Next Fairbanks Story—Allen Dwan Director would be given out ■ ^. i tention anu mot ive, the general pub- Inatead of which the Thursday ^ . g Joad ^ ^^ ^ Hays P and morning daily papers printed a statement signed by seven producers and one signed by Mr. Hays. Noth- ing in these pronouncements shed any light o "tjie Hays mystery." The salary was not even stated definitely, although it does appear that it has leen fixed at $100,000 a year from March 4 next to March 4. 19LT.. This would represent the ex- act period of Mr. Hays' position in the present administration. It is understood he will he allowed $15,000 yearly for expenses. INDEPENDENTS DISCUSS HAYS the Independent pro- ain't soln' \o be no future" as far as they ore concerned. Where is flucer going to get off when the new active combination of eight of the major producer-distributors of the notion picture get organized under the new-association plans that Will H. Hays may have? That is ons of the questions of th« hour in the industry at present. It is certain that the independents are up in the air at present, but unfortunately up to this time they bave not found a bell sheep that is going to lead them to pasture. None of them have come forward with a call for a get together on the part of producer-distributors that are situated similarly to themselves and therefore there has been nothing done that would throw any re^l light on the situation as far as they are concerned. It might be timely for the inde- pendents to get into a meeting and after a general discussion see if they could not pin down Mr. Hays to something that would be tangible regarding their future. As a matter of fact it might be a good idea, for the independents to invite Mr. Hays *nd perhaps pin him down to some- th'ng in discussion. To thoso that study the game father more elosely than the average ■lotion picture producer and dis- tributor there seems to be an in- dication of the hand /riting on the *all as far as the independents are concerned. This possibility was out- lined in Variety more than four *eeks ago, but the independents genere'y do not Keem to have taken J*® fact that their futures arc in Jeopardy, at leaHt as for any con- certed action on their part to com- t is concerned. True there has a spasmodic flare here and been ln ere. but it has come to nothing. In reality the question is one that *nou!d nmse everyone that is Inter- red in the producing and di.dribut- •ng end of pictures at this time, if *h y ar ° not uli sned with the group *n.> arc responsible 'or the Hays Jjov^nt in pictures. They are the cnes that are going to be the first to Jj»ff«r and then '.he exhibitor is go- gj to be the man that will be in ' ,n e for dictation, too, it t'.e hands 5 tnop e who will be in control of the r„.] ( ] > Th 0 independents hi producing * n d distributing (even tho' at this .me tr «ey have their own troubles o contend with) and the exhibitors F° l, ld get together in some manner ■ '"ok to their futures, for if the; J 1 to do this it is practically cer- ln that within a short time "there Parcel Post System Seemingly the plan that those be- hind the Hays movement have in mind is nothing more or less than the innovation that was first brought to light at the Minneapolis Conven- tion of the exhibitors last summer. At that time centralised distribution, somewhat along the lines of the consolidated ticket offices of the railroads, with the exhibitors hold- ing the reins, was proposed. That general idea seems to have been taken up by those now aligned with Hays at their head, only their will be a difference as to who will have con- trol of the situation. Suffice to say that it won't be the exhibitors, but rather the major producers, and the chancel are that Mr. Hays will de- vise some means whereby his late post olfice connection will stand him in stead in thi respect. Perhaps it will be the utilising of the parcel post system for the delivery to ex- hibitors of their films. At any rate independent p.-oducers and distributors are considerably perturbed as a result of the Hays appointment. Its meaning and in- tent they say is about as clear to them as mud. As one prominent producer put it this week: "Con- ceived in secrecy, negotiated in secrecy and now continuing in sec- recy, the only thing wo know def- inately about Hays is t u at a group of eight distributor-producers gor together and withort as such as a by-your-leave elected him to 'head' tho motion picture industry. "These eight concerns car speak for themselves. That's their right. But by what right they speak for the rest of the industry wo don t know and can't imagine. As none of us was consulted in the beginning, none of us |a now I eing consulted. We know nothing at all regarding the Hays plans, so often and so mysteriously referred to; we know nothing of his policies; we kn< v. nothing of the proposed scope of the embryonic organization be now heads; we know nothing of its pur- pose or intent. "Everything publicly stated thus far has been veiled 111 mystery. Nothing definite is said. There are grandiloquent general references to 'spiritual, educational and moral de- velopment," but nothing specific Note etan Presidert Harding's offi- cial announcement. It stands un- surpassed in the annals of ..ief ex- ecutive public utterance as an ex- ample of profound nothingness. 'If the air;mg»ment,' says President Harding, proves to be,' etc. That's his group does speak for the in- dustry as a whole, carrying the in- timation that they speak with authority. The daily press enter- tains nnd promulgates this idea. For example, the Washington Times, which, by the way, is gen- erally credited with being the mouthpiece of the administration, refers to Hays as "head and advisor of the moving picture industry." Collier's Weekly refers to him as "official head of the motion picture industry." Other papers and pe- riodicals almost without exception use Ihe same and similar terms. Up to Independents This puts it up to the independ- ents. They ask if they are part of the industry. If they are, why have they not been invited to Join the Hays organization? If they are to be excluded from Hays' select group, by what right do the eight signatories to the Hays agreement presume to speak for the industry as a whole? In short, nothing is clear; noth- ing is definite. The independents arc alarmed. It is said that they have arranged to hold a meeting for the purpose of discussing the situation from every angle. They feel that the failure of tho Ilay^ group to consult them or include them indicates an organized effort on the part of the eight big firms concerned to kill off independent competition. But the independents thus far haven't done anything. Action and lots of it is what is wanted at this moment. Another independent speaking, after a brief resume of the situa- tion somewhat along the above lines, said: "That's the way it looks and that's all anyone can say. In the absence of any definite state- ments we-can only look to appear- ances to give us the premises from which deductions are to be made. The eight big 'old line* concerns know that the independents and the industry as a whole are in a state of confusion and be ilderment over the conflicting, but always vague and uncertain, announcements, but they do nothing and Hays does nothing to end the confusion. We've got to get together. And the ex- hibitor, too, better watch his step. If the independents are crowded to the wall, the exhibitor can kiss his business good-bye." Perhaps some of the Independ- ents as individuals have tried for an expression regarding his pol- icies and purposes from Hays. If 'they did, was any attention paid to their messages? The chances are that tney have not even received an acknowledgment to their letters, let alone a reply that would give them anything definite t work on. And they won't get any reply, at least not until Zukor has undoubtedly gone over their letters and Inti- mated just what should be done in their cases. Alliance With Democrats There is one thing certain that is in tie- air at present, and that is that out of the present situation there is going to grow among the Independents an r.saoclation that will be linked for common protec- tion, and one of the first moves that this association will make will be to align itself with tho Democratic National Committee for the pur- poses of combatting the political screen power which Mr. Hays is New York Republican Says * New Director Will Clean Up Screen WatertOWn, N. Y.. .Tan. 23. Appointment of Will U. Hays, postmaster-general, as American film dictator, is a wise move for tho picture industry, New York State Censor George II. Cobb declares. Mr. Cobb formerly was a Republican State Senator and is identified with the State party machine. He was appointed to the censor job by the Republican governor, Nathan L. Miller. "Hays will do much to purge films of their undesirable qualities, and moreover is a man of strong execu- tive ability," Cobb asserted. Reference to Hays was part of a statement during which Senator Cobb declared Col. Rupert Hughes, novelist, playwright, scenario writer and soldier, is ii the saloonkeeper class when he expresses fear that the chairman of the State Censor- ship Commission is in danger of becoming morally depraved through his censorship duties. Colonel Hughes had said that if some pictures would make good folks wicked they needs must have the effect upon censoro. "Colonel Hughes is in the busi- ness himself. Therefore his opinion is similar to that of a saloonkeeper on the value of prohibition," is Chairman Cobb's affirmation. "Speaking of differences of opin- ion," ho declares, "the State Censor- ship Commission received letters from members of the clergy asking that the Jake Hamon-Clara Smith film be shown on the ground that the film would convey a moral les- ron by sounding a warning to young girls. The film was, however, abso- lutely disgusting: to us, and was not given a permit.** The American picture field is again in the control of the better class of producers, Cobb believes. "For a time a flock of producers swarmed into the industry and by sustaining monetary loaiii took up the making of salacious films in an effort to recuperate their flattened purses,'* the Censorship chief said. "Now, however, a better class has gained control and the trend of the industry is decidedly upward*** New Delsncey Theatre Opening The recently erected new De- lancey, situated between Allen and Eldridge streets, lower Kast Side of New York, and within several blocks of Loew's Delaneey, playing vaude- ville, will open Feb. 1 with a picture policy. The new theatre will seat 1,600. undoubtedly looked upon by the ad- ministration to deliver to the Re- publican cause. One independent, a staunch Republican at heart and at the ballot box ever since he has been able Unvote, declared himself for such a measure this week, and he is a man that is an organizer who has had the building up of at least four national distributing or- ganizations in the film industry in the last eight years. Los Angeles, Jan. 25. "It was shortly after the election of .President Harding that I ap- proached Mr. Hays in an effort to secure his wonderful organizing and executive ability for the motion pic- ture ^industry,"' Joseph M. Schenck said yesterday. "My first tentative offer to Mr. Hays carried a large salary. I ad- vised him to accept the post we offered, but Mr. Hays felt then that ho could not at that time. He felt it his duty to the people who worked with h!m to assist the President In every way. "Following our first conference l made an appointment for Mr. Hays to meet with Adolph Zukor, who is chairman of the Finance Committee of the National Association of the Motion Picture Industry. We, again, urged Mr. Hays to accept. The con- ference ended with the suggestion by Mr. Hays that we -come to s«e him some Rix months later. He felt, he indicated to us, that by that time his urgent work would bo over and ho would be in a better position to accept tho post. And now that he has accepted I look for big things. Mr. Hays is a man of Sterling <iuali- ficatjons and of unimpeachable char- acter." Mary Pickford has notified Hiram Abrams in New York that, although she has practically decided to refilm "Tess of tho Storm Country," the will not start work until tho middle of February, by which time her cameraman, Charles Roshcr, is ex- v pected back from Italy, and the suit of Cora Wllkenning, scheduled for early trial, w.ll likely be disposed of. In tho interim Jack Pickford will produce "A Tailor Made Man," with his sister co-oporating in the direc- tion. Anthony Paul Kelly is com- pleting the scenario. Johnston McCulley, who wrote "The Mark of Zorro" is on hand at tho coast, preparing another scenario for Douglas Fairbanks, whose next picture will be directed by Allan Dwan. LICHTMAN BEFORE 1ST NATL 30ARD No Word Comes Out of Confer- ence with Sales Executive Tho Executive Committee of tho Associated First National has been in session for the past w ;ek at the Hotel Ambassador, but up to Wednesday of this week there hasn't been a single leak as to what has been taking place in the meet- ings. On Monday night, however, Al. Lichtman, who is the sales head of tho Associated Producers, now releasing through tho First Na- tional system, was before tho com- mittee for the greater part of two hours. Lichtman's recent return from the coast and the matters which were negotiated there are said to have been under discussion before the committee. At the First National it was stated this week that there was nothing to be said regarding the meetings that were being held. 12 PARAMOUNT SPECIALS Paramount has listed for booking during its tenth anniversary month, .starting March 5, r. dozen specials. They include William S. Hart i • "Travelin* On**; "Forever." the re- named "Peter ILbetson" filmlza- tion: Wallace Reid in "The World's Champion," adapted from tho stage comedy, "The Champion"; Gloria Swanson in "Her Husband's Trade- mark"; Wanda Hawley in the Real- art production, "Bobbed Hair"; Cecil DeMille's "Fools Paradise"; Constance Blnney In "Tho Sleep- walker"; Marlon Davies In the Cos- mopolitan production, "The Young Diana," and the first four of the Ufa serial, "The Mistress of the World." B. P . Schulbtr has arrange! with Louis J. Gasnier to make four special productions this year at the Ambassador Pictures Corp. studio in Los Angeles. Schulberg returns to the OOOsI on Saturday. SUIT AGAINST FOX New Orleans, Jan. IT.. The Infringement suit of Louis McCaleb of this city against the Fox Film Corporation in which M<-- Caleb alleged tho picture concern had used his dramatization of "The Scarlet setter," when producing it In 1915, was heard in "tho United States District Court here Tuesday. The Fox Company sent a print of the film to New Orleans and its at- torneys offered to exhibit it in the courtroom, but Judge Foster de- clined to be a spectator. Judge Foster stated he would render a decision when attorneys for both sides presented briefs of tho ease. PRISONERS SEE FAIRBANKS Auburn, N. Y., Jan. 25. Manager John J. Brcsliu of th€ Jefferson theatre made special ar- rangements so that the inmates of Auburn prison could see "The Three Musketeers," the Douglas Fair- banks picture which was shown at the local theatre all last week. The prisoners pleadeu with the manage- ment to be allowed to see the pic- ture, and Manager Breslin finally yielded and obtained permission to make the showing in the prison chapel. The picture was sho* n 11 the inmates Thursday afternoon at 5 o'clock.