Variety (April 1922)

PICTURES _ Friday, April 21, 1922 \ GRIFHTH PAYS FOX $85,000 FOR WAIVING ORPHANS' CLAIM In Addition Imposes Own Terms for First Run Rights in More Than Fifty Towns—May Increase Profits on Deal to$150»000 The story of the settlement of the Criffltli-Fox dispute over the rights to "Orphans of the Storm" came out this week when bookings of the pic- ture began to appear in Fox theatres all over the country. According to the story passed around among in- siders CJrifflth paid Fox $85,000 in cash and in addition accepted the Fox demand that the picture be turned over to him (Fon) for first run in over fifty tov^ns >^herc Fox has theatres. LIVE EXPLOITATION MAN KEEPS SYRACUSE BOIUNG Jeffrey Lazarus Gets Regular Publicity for First National Pictures Syracuse, N. Y.. Apil 19. .Tt'ffrey Lazarus, exploitation man for l''irsl National Pictures, is one _, . „, , ..„„*,.i fr».. ihr.Ki i.^^^ the bu.siost men on the Syracuse Fox set a scale of rental loi tnos( A ,, . , . , , . ^1 . , ,„*.:iaIto this week, booming both towns which, it is estimated, will represent a loss of around $100,000 to the Griffith concern. Fox is pay- ing flat rentals as against the plan of Griffith to offer the picture for release on a percentage basis and the $100,000 comprises the difference between the Fox payments and the probable return from shari;ig book- ings. With the circulation of this inside version of the affair, interest was renewed in the part taken by Will H. Hayn during the controversy. Apropos of the sailing of D. W. Griffith on the Aquitania AT>ril 12, the New York "Herald" printed an Item purporting to be a brief inter- view with Hays in which Hays was quoted as observing, "I was not asked to arbitrate the dispute, but I did get Mr. Griffith and Mr. Fox together In,my office. I said nice things to them and they said nice things to me. Then they went out and settled their disagreement." With Griffith en route to London nothing could be learned of his pres- "^nt attitude toward the Producers' Hail the Woman" and "Smilin' Through." He placed a doubl" truck adv. on "Hail the Woman" in the Sunday "Post Standard," the tie-up bring- ing in successful Syracuse business women. Early purchasers at the stores drew free Empire tickets. Women's clubs in town were "worked" with letters, invitations nd free auto rides For "Smilin* Through" Lazaras sent out a young man to ballyhoo prominent Syracusans, hooked up with the Syracuse Rotary Club, placed telephone hangers all over the city and made tie-ups, in addition, with eight stores. The prize stunt for novelty effect was sending a steeplejack up the flag pole in front of the Fourth Pres- byterian Church, oppbsite the Strand, to paint a "Smilin* Through" sign, which was left there over night. 84 PRINTS OF "PAY DAY" The New York First National exchange achieved a record this week with the working of 84 prints of the Charles Chaplin comedy "Pay Day" on a $50 a day basis, all play- ing day and date. This brings a daily income out of the Greater New and Distributors' Association, head-I York territory of $4,200 on the pic- ed by Hays. In the reports of the' ture. All of the bookings were association's meeting last week there appeared no reference of the presence of Griffith- or his repre- sentative and this circumstance gave rise to the Impression that he had stepped out of the scheme. This week it was learned pretty definitely that he has not entirely disassoci- ated himself from the proposition, but is not closely identified with it. Griffith was one of the six principals who obligated themselves to pay Hays' $100,000 yearly salary for three years and bear their pro rata portion of the cost of running his office. Other issues more or le.ss parallel to the Griffith-Fox wrangle are said to be ponding. One is reported to bo a dispute between Thomas H. Ince and another producer over prior rigrhts to a story, anJ it la de- clared Ince has made known his determination to Insist that Hays pass on the case even if he has to come to New York from Los Angeles to get a ruling. made for a three-day minimum, with some of the Locw houses playing the picture on a two-day basis at $100. with a return day later at $25. SELZNICK-WINIK DEAL Lewis J. Selznick closed a deal Tuesday with Hy Winik for the physical distribution of the Select product through the eight Winik exchanges in England. The pictures are to be handled on a 50-i>(J basis and the distribution is to I'o mulor the direct supervision of Sam Morris, who recently sailed for London. Schcncks Return to Coast Mr. and Mrs. Joe Schenck left New York Monday for Los Angeles. The Schencks have about decided that they will indefinitely remain on the coast. Mr. Schenck has purchased "The Mirage" from Selwyn & Co. for Norma Talmadge. THE DEFERRED PLAY DATE EVIL The exhibitor is constantly making a hue and cry against the Ineiea.sed price in feature rentals. Unconsciously some exhibitors are the greatest factors in keeping up rental prices on the part of the distributor through his constant. dt*firiing of play dates for pic- tures tliat he has contracted for. It Is the greed of Xh<^ average man. who foars his opposition might grab one good pictuie and got a little money that is causing the majority of exhibitors to hoKl on to pictures week after week and month after month in their territory without giving play dates. They may have no intention of ever playing the picture, but they hang on because tl^oy are afraid that their opposition is going to get it. Then^wiH-n it is too late to have the picture do anyone any good they release their hold. ' The proelucer an<l «listriI»utor con.-c'iur'nlly lose anywhere tip to 40 per cent, of the tt^rritory that tiioy might be able to play the picture in. This makes it coinimlsory to get the gross schfnlule for the picture out of 60 per CL-nt. of the available theatres. Undor thi.s condition and Just so lofig as it obtriins there will bo a sjiirit of unfairness in the induHtry that will make it impos- sible for tho.se on 'ho opposite sides of the fence to arrive at any- tliinrr that will resemble a mutual understanding. It is unfair to the producer, to the distributor, to follow-exhlbiiors, and lastly and most important, the exhibitor's own poeUetbook. The deferred i>lay dale is one of tlie thitigs that is going to be brought home to the exhibitor at his annual convention at Wash- ington, it is said. In the meantime, it is worthy of thought on the .part of all exhibitors. KNICK. CRASH YICTIMS ARE IN DIRE WANT Many Musicians Rendered Helpless—Washington De- lays Investigation Washington, D. C, April It. The indictment of a number of men having had to do with the con- struction and designing of th? ill- fated Knickerbocker theatre has left doubt In the minds of those with grounds for legal action as to the advisability of entering suit ag.i nst these men. A number have done to, but the outcome is reported to be very dubious because of the divided responsibility. The last step In the Investigat'o:i has found many still suflf^rinor from injuries, among them a nun«ber of the musicians of the orcho^^tra of the house. They are listed aa being In dire straits. Alphonse Van Poucke, violincellist of t!i.» orches- tra, is Just out of the Kmergency Hospital, and can hardly use his playing arm. He has, it is stated, no prospect of an engagement, and is so nervous he can hardly speak. That he Is in debt some $700 is also pointed out in a survey of these cases recently made by a local news- paper man, who also states that this musician's instrument was destroyed in the collapse of the theatre and that he has no other. Edward A. Williams and John Prezioso, also members of the or- chestra, may never be able to play again. Williams was internally in- jured, and is just able at t e pres- ent time, after two months and a half, to walk a few bloc'.s with the aid of a crutch. Prezioso, a flute player, has lost his Index finger. Mrs. Bernard Breslau, who had both shoulders broken, will never recover the use of her right arm. Of those in the audience still suf- fering from their injuries, Dr. L. C. Hall is still confined, while his wife, whose arm and collarbone were fractured, is partly recovered. Dr. Hall has placed his case in the hands of a lawyer. Mrs. Howard Kneesi, whose hus- band was killed in the disaster, is slowly recovering. Her leg was broken. Herbert B. Moses has been unable to work since his injury, while A. B. Rosscn. who was injured about the face, cannot open his mouth properly as yet. Mrs. Joseph Younger, who had four breaks in her pelvis, besides a broken collarbone and two broken ribs, will, it is now believed, be able to walk again. Her physician at first stated she would be confined to her bed a hopeless cripple for the rest of her life. Miss Belle Rembo has ?ost the sight of one of her eyes, and little hope Is held out for the saving of the other. She is also still receiving treatment for a crushed foot. Ruth Shaughnessy, daughter of the former postmaster general, has a stiff arm, both of which were broken. Mrs. Guy Eldredge; suffer- ing from nervous shock, may never be well, while Morris F. Gold, who suffered a fractured Jaw, has had to have ten teeth removed. The local dally setting f'or the above continues with a long list comprising considerable names of those still suffering, and further states that M. Mlrsky, orchestra leader of the theatre, has returned to work. Oreste Nc'iello, another of the musicians of the orchestra, whose brother, Ernesto Natiello, was killed, left the hospital April 1. His right arm had to be amputated, and he will never again be able to play. He was not told of his brother's death at the time he left Washing- ton for Philadelphia some two weeks ago. It was stated at the offices of Harry M. Crandall, who owned and operated the theatre, that all Mem- bers of the orchestra at the Knick- erbocker, would be taken into one of the other houses as soon as their condition of health would permit. NT- FLORENCE REED'S $4,000 NOTE The Tribune Productions. Inc.. has filed suit in the New York Supreme Court against Florence Reed through Joseph M. Baum. The action is for $4,000 on a note arising from a pre- vious'action for broach of contract. Mi.ss Reed had been «^iKned to make pictures for the Tribune com- pany, but ^elected to work for Will- iam K. Ziegfeld's film company. In considerat?ion for being released from the Tribune contr.ict Miss Reed agreed to rembiurse the latter with $4,000, for which a note was issued but has not been satisfied. 26 fIRST NAU FOUNDERS' itr?:: MEETING IN WEST BADI I Changes Among Officers Potsibley Denied at Home Office—^LewU J. Selznick Goes Along—Per- suasion to Join P. & D. a Reason? WESTERN PA. M. P. T. 0. HOLDS CONVENTION Sydney Cohen Addresses Ex- hibitors at Pittsburgh— Officials to Co-operate Pittsburgh, April 19. Tlie annual convention here of the M. P. T. O. pf Western Pennsyl- vania failed to bring out any senti- ment which might indicate In ad- vance the dominant theme of the coming national convention in Washington, but the local gathering was not without its hi^h lights. The sessions carried over a period of three days from April 10. The feature was an elaborate banquet in the Fort Pitt hotel Mon- day night, attended by city officials and Sydney A. Cohen, national pres- ident of the organization, and M. J. O'Toole, chairman of the public service committee. The local offi- cials, Including Mayor Magee. all voiced a desire to co-operate with the picture men, with a view to gaining a fuller understanding of their business. Representative Joseph C. Marcus, counsel for the district organization, was loudly acclaimed as being largely responsible for the defeat of much anti-theatre legislation in Harrisburg last sea.son. and voiced a desire to continue to be of service. Mr. O'Toole took up a half-hour in detailed description of the educa- tional plans he entertains, by which every school will be equipped with a projection machine, and every phase of government and society in general will be thus taught to youngsters. Mr. Cohen was the last speaker, following Mr. Moran, local chair- man of an arbitration committee, and the leader first of all took Mo- ran to task for certain remarks about arbitrating. "There wouldn't be any need for arbitration if we had more two-flsted square shoot- ers like Sherry of the Universal" (a local distributor). Then MiTCo- hen flayed other distributors who were responsible for such a neces- sity as arbitration; also corrected another speaker who had termed the picture industry the third wealthiest in the country, by say- ing "it isn't the fiftieth wealthiest," and when asked about a report that he would encounter opposition for the ofllce he holds at the next elec- tion In Washington In May, sub- mitted the inquiry to "the mortu- ary division of the committee on rumors." Jerome Casper, local president, and Fred Herrington, secretary, both said that producing or distrib* uting by the M. P. T. O. is out of the question, for the present at least, with conditions generally un- settled. Ofllcers elected are: Jerome Cas- per, Pittsburgh, president; John Newman. New Castle, vice-presi- dent; H. Goldberg, Pittsburgh, treasurer; Fred Herrington, Pitts- burgh, secretary. The only other feature was a triclc scheme the ofllcers worked of keeping writers out of the meeting room for a while, then inviting them in, to hear themselves being introduced to the assemblage and called on for a few words. HOjT GIBSON . iriED Los Angeles, April 19. Culminating a whirlwind, court- ship lioot^ Gibson, cowboy star of Universal,' and Helen Johnson, a member of I'at Rooney's act on the current Orpheum bill, are to be mar- ried this week. The wedding will bo held on the picture set at Universal City wlure Mr. Gibson is at worlc on a now Western drama. ^liss Johnson's home in In St. Louis. She has been with I'at Rooney for one year, and ^vill leave vaudeville for a home in Universal City and possibly do picture work. Hoot Gibson was declared champion cowboy of the worM at the Pendle- ton roundup of 1912. The annual meeting of the 2| founders of the First National started yesterday at West Baden, Ind. A general business session at which a number of problems whlcfc=i may later come up at the annual meeting of the Associated First National In June, will be threshed out. It is quite possible that at th*-- West Badon conference a number f of Insurgents in the ranks of ths oQginal founders will start cam^.j paigning for a change in the exec- utive* offices of the association. Prior to the departure from New York of a number of those attend-' ing the session there were rumors the^vj Gordo'n and Katz faction from New ■ England, coupled with others, we^ trying to recruit strength to their faction which would make it pos- sible for them to swing the annua election of officers the way tlia they would like to see things. Thiiif would mean the elimination of Robert Leiber as president ard possibly the later passing of both J. D. Williams as general manager, and H. O. Schwalbe, who is secre- tary and treasurer. Sam Katz and N. II. Gordon are members of tiie executive committee, on which ii also Schwalbe. At the First National home office there was a general denial there was anything In the air that even hinted at action as radical as this. J. D. Williams. H. O. Schwalbe, accompanied by E. V. Richards, left for West Baden Tuesday afternoon. On the same train was Paul Mooney, general sales manager for Louis B. Mayer; Earl Gulick and Lewis J. Selznick, accompanied by his sales manager. Jack Woody. N»- reason was assigned why Selznick went along. It is possible, however, that he is going to try to use his powers of persuasion on the First National crowd to win them to the Producers' and Distributors' Asso- ciation, with Hays at the head. The First National has maintained that^'i as an association of exhibitors II has no ptace In a producer-distribu* tor organization. The Stanley Co. crowd from Phil- adelphia are also said to be a party to the plans of the insurgents, however; their activity in the matter would preclude any possibility of H. O. Schwalbe being ousted, and then the attack would simply direct Itself against Robert Leiber and J. D. Wil- liams. The west coast faction would alsa be directed against Williams and they possibly fffight swing the Moe Mark of tlie New York Strand with whom they are affiliated in the con- duct of the New York First National exchange. Early reports from the West Baden conference Indicate that there is practically a 50-50 line up§hl on each side of the fence. H SCHULBERG LEAVES Ben P. Schulberg left for the Coast Tuesday rather hurriedly. It wa«| stated last week his difficulties with' First National over the Kalherinej MacDonald productions might leac to a lawsuit. Although reported Schulberg had started action, up to Weilnesday there had been no complaint filed in the County Clerk's office. FAIRBANKS' HUGE SETS Los Angeles, April 1?. The interior of Robin Hood's castle has been completely repro- duced at the new Fairbank.s lots in Hollywood, where Doug is "shoot- ing" some dare-devil scenes for his picture, which Will embrace the| career of the pioturos(iue "Robin| Hood. " The i-cts already eroctod on I the lots are by far the lar.i;est ever, built in Ilollywood'.M picture <olony,j A steel bridge loading ii><<^ Nor-j man castle has bet n romplctcii. 1m will be supported by cable set biclcl more than SOD feet and will comet into action when FairbnU-^. *■! Robin Hood, climbs the clo.-ingj walls. The interior of tlio castle i» larger than the concourse of thi Pennsylvania station. New York. I