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y, JwJy t*, tw^ PICTURES «7 PEIKOIT PREDICTS GOOD FALL; PROSPECTS BEST IN 10 YEARS 5iiiiimer Film Business in Auto City Held Up by Cool Evenings—^Boat Excursions Biggest Opposi- ,000 at Capitol Last Week Detroit, July 26. •j1i« week ending: last Saturday «a8 the warmest of the summer •eason. Despite that fact the first- run theatres enjoyed business above ^pectations. The evenings were Quite cool, and they have been that rlfht along, so, taking the business jnto consideration for June and July, Detroit exhibitors .are not complaining. It ii^ better than last year but not up to the summer tuslness of 1919 and 1920. Detroit Is a great city for night l)oat riding. It is estimated no less than 20,000 people patronixc these excursion.9 every evening. No less than 25,000 people take in the day excursions, which do not bring them back to the city before 8 or 8:30 at night, too late to become Interested in theatre-attending. The outlook for the fall is very bright, because crops are reported to be the best In 10 years. Farmers are going to have money, factories gxt working, and only a serious coal shortage this fall can prevent good theatre business. The first-run houses are prac- tically caught up on all good pic- tures of the season just closing, and these houses are actually ex- periencing trouble in securirfg good Jlr«t-run pictures that have box- ofBce value. It has resulted in bookings of the small film producers who have never before had pictures in the first-run houses. Estimates for last week: Capitol—"Beauty's Worth," Ma- rion Davies (Cosmopolitan); Bath- ing Girl Revue in conjunction with a bathing girl contest sponsored by Detroit "Times." Bathing girl stunt responsible for regular win- ter business at Capitol. About '118.000. Madifon—"Top of New York," Hay McEvoy (Paramount). Aver- age summer business. About |7,500. Adams — "Always the Woman," Betty Compson. Business not very food and picture disappointing. Around |4,000. Broadway-Strand—"The Ma« Un- conquerable," Jack Holt' (Para- mount!. Last Paramount of sca- •on at^ this theatre. No further Paramounts until suit with Famous Players Is settled. Below average summer business. Around $3,000. Fox-Washinaton—*'F a t a 1 Mar- riage," Wallace Reid (Film Booking Office). BusiVesa 8ati6factor>'. Around $4,0^. YOKEL'S CLAIM Sues Waiter E. Gr*en« on Legion Bookings Alex Yokel, through his attorney, Nathan Burkan, has started suit against Walter E. Greene, president of the American Releasing Corpora- tion, alleging commissions to fhe extent of $65,000 are due him for mM« bookings on the film produc- tion, "Cardigan," with the Ameri- can Legion. Yokel alleged he real- l»d the patriotic appeal of the picture and proposed to the film distributors he could sell the pro- auction rights to the Legion. The defendant states that after he had worked on the matter for a ^« he was discharged by F. B. Warren, who then proceeded to close the deal with the Legion. Yokel is basing his action on a ^oss on the picture of $1,000,000. asking the courts to award him five per cent of that amount, according ^0 a contmct agreement which ho *^»eges he had with Fred Warren Of the American Releasing. Wednesday, Mr. Warren stated lokel had been employed by them ;° »ell "Cardigan" to the American ^gion, but that he was given a certain time In which to consum- mate the deal, the picture being withdrawn from regular booking jor that period. When Yokel was unsuccessful within the time limit given, he was instructed to drop ^,®'"^tter- Later, one of the local "Change men in the Minneapolis Wltory sold the picture for that "late to the State Legion body, and irom this initial deal a country- wide contract was closed. KEEPING DOWN LOSSES Boston Exhibitors Agreeable to Hobble Along Boston, July 26. In the midst of the summer sea- son, with most of the city's popu- lation either at the beach or in the country, business at the picture houses in town hit the low ebb and is expected to stay just about this way for a month or so. If the losses of the houseii can be kept down to a normal figure this will satisfy those behind the houses and it looks as though they all will pull by ^ith a slight deficit. So far the picture houses have the town to themselves, although at the end of this week the legitimate field will be opened up again with the entrance into town of "Shuffle Along" and "Little Nelly Kelly." Estimates for last week: ^ Loew's 8tate--(Scale 25-50c.; ca- pacity 4,000). Agnes Ayres in "Borderland" and Crawford Kent in "Silas Marner" for this week. Did fair business last week with "Her Night of Nights" and "Our Leading Citizen," Modern—(Scole 2S-40c.; capiicUy 800). "Gas,vOil and Water" fea- ture this week, with "Golden Dreams" underlined. About $4,000 last week with "A Woman of No Importance." Beacon—Capacity and attraction same as Modern, and gro.ss about same. BUFFALO EVEN Holding to Fair Summer Takings Despite Local Conditions "Wallat ?cir«K n C ^'orsley will direct rinra ^.Vl^^'^ Young in the Metro adnp- JAtioo of -Knter Madame." Buffalo, July 26. Business last wcclf held up to and in spots bettered its average level for the past month, with theatre men unanimous in expressing satisfac- iion with takings under existiag adverse conditions. Third wecJc of trc^ley strike found transportation facilities slightly improved with the difference reflected in slightly in- creased grosses for downtown the- atres. Weather was uneven, several cool nights helping takings ma- terially. Offerings at local houses represent typibal summer bills. Loew's con- tinues the leader in advertising, its picture and vaudeville cards hack- ing up the publicity. Rest of houses sing-song. Entire theatrical colony looking longingly across the August desert for signs of the September oasis. Last week's estimates: HippoSrome — "Beauty's Worth," second half; "Our Leading Citizen," first half. Capacity, 2,400. Scale, mats., 20-25; nights, 30-50. Picked up somewhat over week previous, Ade picture well liked. Announce- ment made this week of trim fea- tures for coming fall and winter gives indication of house's future policy. Booking the biggest fea- tures on market and getting first call on cream. Did $5,500 last week. Loew's--"The Heart Specialist" and vaudeville. Capacity, 2,400; scale, mats., 20; nights, 30-40. First Mary Miles Minter film here in some time. Well spoken of. No mention of star's private affairs. Vaudeville also looked good. Busineps showed rise over past week; $7,800, which leaves something over. Lafayette Square — "Determina- tion" and vaudeville. Capacity. 3,400; scale, mats., 20-25; night.s, 30-50. Still turning in excellent busines!?. Some drop-eff as every- where else. Last weeks vaudeville ran strong and deserved all it got. Picture just picture. Minor, at organ, introducing new stunt of rr.njmunily singing. Merely t^cng plugring but disguised and bol.steicd up by organist's showmanship. Around $9,000. acas PICTURE OPERATORS REJECT SAJLARY CUT Trouble Possible by Septem- ber—Asks 5% In- crease The rejection of the proposal of a 10 per cent, cut in the present scale. by the Moving Picture Machine Op- erators Local 306 and the counter- proposal to the Theatre Owners Chamber of Commerce that an In- crease of 5 per cent, be granted over the scale under which the men are now working, has the appearance of tending towaol trouble Sept. 1, when the present contract between the two organizations lapses. The op- erators pre.^ented their answer to the T. O. C. O. Monday and the mat- ter was generally discussed at the meetmg held Tuesday afternoon, without any action being taken. It was to be placed before the board of directors of the T. O. C. C. at a meeting whjch was held yesterday (Thursday) and at a special mcet^ ing of the entire membership of the chamber which is called for today action will be taken on the questions involved. One of the demands of Local 306 is that the organization of operators in Brooklyn, unaffiliated with the A. F. of L., be dissolved or its member- ship made part of their organiza- tion. They demand that this can be brought about by the exhibitors if the latter will refuse td employ the men in the Brooklyn organization and have naught but 306 men in their theatres. So far there have been a number of battles staged in Brooklyn at houses where the unaffiliated oi>er- ators are working. Three houses have been the scenes of acts of de- fitructivene.ss. One house was dai. - aged to the extent of $8,000 to its furnishings and .screen, another had $5,000 worth of damage committed on the premises, and at anothc^r house $2,000 worth of damage was committed. In addition, the usual stink bomb tactics have been em- ployed and in addition mustard gas is being used to make the theatres untenable for audiences. The ex- hibitors have also been attacked. While the exhibitors will not leay that this series of lawless acts is the work of the union organisa- tion, they intimate it is quite pos- sible that those of the union might be able to give information as to who did the damage. Local 306. ac- cording to the exhibitors, now has a war chest of $110,000, and the mem- bership of the union has been as- sessed 15 per cent, of its salary to further increase the fund by Sept. 1, when a general battle may be ex- pected. The T, O. C. C, according to one of the executives of the organiza- tion, Intends,to remain firm on one of the questions in the controversy, and that is in regard to the unafflli- ated operators' union. They will in- sist on the ri?ht to employ these men if they so see fit, and no matter what settlement is ma#le on tho question of the age scale, they will not agree to dissolution of the Brooklyn organization. HAYS' AHACK ON HOY CALLED SHREP POLITICS Independents Outside Hays' Organization Write Letters—"Hays Isn't Going to Run the " " " Letter Says FRISCO'SJS^DOD WEEK Appealing Film Attractions Improve Business San Francisco. July 26. The downtown picture houses had a week of real prosperity because of the appealing nature of their at- tractions. But the Tivollf Imperial and Frolic were able to score but fair in the box office race. C • I i f o rnia—"The Crossroads of Nov; York" (First National). (Seats 2,7S0; scale 50-75-90.) Katherine McGuire and George O'Hara. Ex- ceptional box office attraction. Best grose in many weeks, over $20,080. Granada—"The Top of New York" (Paramount). (Seats 3,100; scale, 50-75-90.) May McAvoy, Mary Jane Irving and Walter McGrail. Dance act extra attraction. Dorothy Dc- vcire in "Mile-a'-Minute Mary" and Paul Ash's musiciuos. Good pro- gram. Gross $15,000. Imperial—"Beauty's Worth". (Cos- mopolitan-Paramount), (Seats 1,- 425; sr;vle, .'^5-50-75.) Marion Davies. Played to $5,500. Strand—"Grandma's Boy (Pathe). (Seats 1,700: scale 40-55.) Harold Lloyd. Reduced prices drew heavily. About $19,000. T i V o I i — "The Beautiful Liar," Katherine McDonald. "Courage," Naomi Childers, Sam de Gr.'isse and Lionel Belmore. (Seats 1,800; scale, 25-40.) Only fair business; $6,000 on week. Fro I i c—"Trimmed'.' (lTj)i|Yt'r«;v?)' (Seats 1,000; scale 10-36.^^ jfL^oi Gibson. Business dropped sopiii;, ,^o tno« r.' ,..,f,, r $3,500. VIRGINIA CENSORING ATTG. 1 Richmond, Va., July 26. The picture censorship law be- came effective in Virginia Aug. 1. Every picture exhibited in the state on and after tli.Jt date must have the approval of the Virginia State Board of Censors. Licenses are required for each Dicture introduced for the firKt time in<he state, I'ermits are issued fer pictures previously exhibited to be shown again. The law is thus made retroactive. Pictures of a religious and educational nature are exempt from censorship. HRST NATIONAL-(;OLDWYN DEAL aOSING THIS WEEK Executive Offices Admit Closing, but Hold Back Details—Announcement of Features to Be Sent Out Following Final Signatures Mack Sennett who has been in the east for several months left for the Coast Sunday. Work will im- mediately be started on several fea- tures which he i;- to rekaso thrciii.M» First National. He and Thoni.-.s Ince came on to arrange a leadjuht- ment of the contract M^th Firvt Na- tional. The dc.il between Abso iated First National and Goldwyn is being closed this week. It was believed that the contract would be signed last Friday, but a further hitch in the negotiations occurred which put the closing of the deal over until this week. Fintt National has been hold- ing back on its announcement of productions for the coming season until there .'■hould either be a defi- nite closing or breaking off of the Goldwyn negotiations. With the contract closed It is certain that the First National announcement will be forthcoming within 10 days or two weeks Tlie* policy of "Walt and W«t(h" whiclt the organiiailon has teen l.»y- U-.ii down in its ads for the past two months was paused by the f.iilure of the Goldwyn deal to be clop^d at the time that it wa.s expected to be. Because of thic situation Famous I'layers got the Jump on tlie^entire field with it.« announcement cf pro- duflif.ns fcr the firpt six months of the .«jea!-r,n. Thrfiighout th.- country exhibitors with Fir."t Natl'-nal sub- franehipej* held off rf booking with F.imous Players until such time as they Hhould a^eertain what their own organization was going to do. Thti failure of any public anftounce- rnent of FirHt Natutnal release plans was utilized by the Famous nales force as an argument to sign con- tracts for the output cf that organi- zation, and within the past few weeks they stale that they have sold a number of F'lrst National sub- franchise holdfre. With the Goldwyn matter settled First National proposes to break forth with a definite announcement of what its CO or 70 productions for the coming year are to be. This will relieve to a certain extent the fenr« of the sub-franchise holders who have been f^n the fence during the Ja«t few weeks. The Goldwyn deal details are be- ing kept very mueh under cover in the executive offices of both organi- zations. Neither side will discuss the matter except to admit that the deal has been closed. In New York <:ity the exact situation In regard to the Strand and Capitol theatres has been worked out satisfactorily, but on juvt what b^f-is i.q not intimated. The Strand, niana^remcnt has the rre-release First Natlonft: franchisn for a period of 2r» year!". Of that term about four years have parsed Shrewd politics are seen in the move on the part of Will 11. Hays in announcing the Motion Picture Produ<fcrs and Distributors, of which he is the head, will have naught fur- ther to do with the Hoy System. Independent producers on the out- side of the M. P. P. St D. are of the belief that It is a move to drive tt^em into Joining the Hays organi- zation, so that they may possibly obtain the service of a credit sys- tem that that organization may build up. They are up in i^rms against being forced into anything. They also see in tho move an at- tt'mpt to further curry favor with the exhibiting body of the country. It is not believed that Hays is- sued the order againnt the Hoy System without inside preKsure. Proluibly the underwritern of the Hays organization, on rinding all of the Independents who ^vere In the former N. A. M. P. I. did not flock to the Hays banner when the books were opened for general membership, were di8ce>urag<»d and that they now find the burden of carrying the organisation which they created too cx|>enKive without the aid of outside membe^rsliip^ To get that outside membership, whip it into line and compel it to Join. is believed to be the inside politics behind the attach on Hoy. They know that the Hmall pro- ducers and distributors cannot exist without some sort of credit re- porting system and ceiUection or- gani;;ation, and with Hoy out they will force the smaller distributors to fall into line and take member- ship in tjie Hays organization to save the business life. One of the larger of the Indeiund- ent distributing ojganizationn dur- ing tho wee'k sent out a Utter to its district'and resident managers of exchanges setting forth their status in the matter. The bulletin said: "An effort is being made by cer- tain interests to wreck the Hoy System. This effort apparently stiirts with the yVill Hays organi- zation, which, we assume, and.we think correctly, wants to arrange some form of similar hystem of its own to be carried out under an agreement by its members with ejt- hibitorii, probably on the theory that the Independent compunieH not associated with the Hays organi- zation will then be forced to take out membership in the Hays or- ganization to obtain cre<lit protec- tion. "Our company has m«ml»<>rMhip in the Hoy Syatem tn mo;<t of the large citiCK. "It is our belief that the Hoy System is g(»ing to get together v,'ith the «:xhlbitors through the Film Clubs, and If there are any material points of difference be- tween the two sides of Uv <iiie>«t^.on.. these ran probably be str.nghtened out. At any rate, we want to notify all of our oflflces to continue our me^mberHhip and support of the Hoy System until final develop- ments have been reached. If Hoy Is going to be put out of buslneHs other ways will have to be found for arranging film credit negotia- tions. If Hoy Is going to stay In business he is going to have our continued support and membership in all cities. "It is by no means <.ur thought to admit at this time Mr. Hays, who represents less than 25 r»' r c« nt. e.»f the distributors and produrf rs In tho buslncf^H, Is going to 'run the film business,' because he isn't, and he will have a lot of trouble on his hands If he thinks he is." This attitude on the part of the Independents in one ca«c in gen- erally reflected by other organiza- tions outside* of the H;lys organi- zation, and there fctill are 21 years to go under the contract. In the Famous Players lankM It i«» believed the organization will b« able to comb.it the late announr emr nt. of the First National with a numb* r of pictures fh<y are going tr rele.nsr during Sefitember and O. tobcr. Thev are pinning' their faith on three pro- du« lion.s— 'iJiocd and Sand," re- leased S< i)t. 11; • ManslauKbt^r." re- leased Sept, 25, and "The Old Home- stf.'id," relea?^ed Ort. 9--tn prove « knockout for the exhibitor at thf i 'X Offlrr..