Variety (November 1922)

Friday, November 17, 1922 MOTION PICTURE DEPARTMENT—Pages 41 to 47 PICTURES T. 0.0. C. BLOOMER KICKS BACK FATE OF EXHIBrrORS HANGS ON GRAND JURY Ten Syracuse Theatre Men Charged with Tax Violations Syracuse, Nov. 16. Theatre owners In the Syracuse Internal Revenue district are await- ing the report of the U. S. Grand Jury at Albany, following presenta- tion of evidence against several of them for alleged violation of the revenue laws relating to tax reports. Trouble looms on the horizon for many It Is said. Charles H. Lynch, chief field deputy, returned here Saturday after appearing before the Grand Jury. He refused to revoal how many were accused before the federal grand Jurors, but it Is known that the Syracuse field force have been busy for the past three months and have accumulated a mass of evidence against more than 10 theatres. If the jury returns true bills, and the theatre men are found guilty, trouble and plenty of it is predicted for other theatrical men who have attempted to "short change" the Government. The grand Jury will report on Nov. 20. 10 OUT OF ORCHESTRA California Theatre Cuts Down- Reprisal Suspected . San Francisco, Nor. 15. Gino Sever! has left the Cali- fornia theatre as orchestra leader and the house has eliminated 10 musicians from the pit. This retrenchment has caused considerable speculation as to whether the action was In the na- ture of a reprisal to the musicians' union In announcing its determina- tion to ask for a "swing orchestra" In order that the men In the theatre might have a day off. It Is reported that theatre man- agers here are preparing for a vigorous opposition to the "swing orchestra" plan of the musicians. MARCUS LOEW NEBRASKA'S ASS'N. OiTICERS Kansas City, Nov. 15. ^he following officers have been elected by the Iowa and Nebraska Theatre Owners' Association: — President, A. R. Kramer, Omaha; first vice-president, C. E. Williams, Omaha; second vice-president. Frank Houstoh, Tekama, Neb.; secretary, J. E. Kirk, Omaha; treas- urer, H. A. Hayman, Grand Island, Neb. OUT OF BODY Tuesday's Ill-Advised Meet- ing of Greater New York Exhibitors Organization to Coerce Loew May Also Estrange Senator James J. Walker — Loew Speaks Frankly, Replying to Questions—Large Gather- ing of Members —^ Film Trade Press Takes Of- fense Through Treatment Accorded Its Representa- tives by Meeting BORSAGE LEAVING 1.03 Angeles, Nov. 15. Frank Boraage is leaving the Co.s- mopolitan Productions and will come to the coast to produce his own pictures. He hmt signed a contract here with Arthur Jacobs, formerly a.ssoci;ited with B. P. Schulberg in the Katherlne Mac- Donald productions. The contract Is under.stood to be for a period of three years. Borsage is reported to have de- cided to leave the Cosmopolitan after he had been refused a new ar- rangement with an increase in salary. j Dorothy Devore It Free ;^ Los Angeles, Nov. 15. Dorothy Devore, 'film actress, was granted a divorce here from Ben- jamin Sohn, Jr. "SQUAWr BY EXHIBITORS OVER "KNlGHTHOOr SALES ' CompeCitwe Bidding Displeasing Regular Picture ;! Houses—^Terms Submitted for Broadway Run —Capitol, N. Y., at $10,000 Weekly? How l8 ""When Knighthood Was in Flower" going to be sold is the question with the average exhibitor In the New York territory. In a number of cases where Informed eompetitive bidding is to be the method, the ''squawks" have been loud. At present no dea! has been made for a Broadway first run for the picture, although the Paramount haua the Rivoll and Rialto as the ace against any outside houses. The Capitol would be the logical house lor the big production after the Criterion run and it is understood that they are offering terms for a two weeks' run for the picture that would bring the rental to approxi- mately $10,000 weekly. In Newark, N. J., Is a battle for the first run with one exhibitor of- fering outright $7,500 a week for the picture for two weeks, while his opposition Is offering sharing terms with a guarantee. The guar- antee is s^^id to be $3,000 of the first $8,000 with a 50-50 split over that amount. The house usually plays to about $9,500 to $10,000 Weekly. The New York exhibitors in the territory outside of the first run on Broadway houst's are ."qu iwkinc: loudly over the competitive form of bidding. Tho.se playing the regular I'aramt)iint pictures under cotitraot.s which have included the Cosmo- poll an production.'', maintain they Phou'.d I'O K-vcn the fir.st oppor- tunity cf sccurin.c: the lirsU bis pic- ture that Co.«!'»>opolitan has turned out in .^cvir.T. years, as they Irive beiii takini? the good w.th the bad in the past. The I'aramount sales orKanr/a- tion, to keep its skirts cl*^.Tii with the regul.ir run of e,\h!li tora, is pnrtint; tli e blamo f«ir tlie en'.iro *ilu.^t:o n on tl'.e lH'Ul ' Ht amt Int i - nafioiial fonrs t! at tii"y a!!- .','e are in.<i.«ting competitive bitl5? fir th" picture in viuh t'Mritrry be su')- ni:tt<tl to ti;cm fit- ap;M-v)V.'il beTore ai'.y contracts arc Issued. terion was In abeyance this week. It was a question of a final thresh- ing out of the terms. The Hearst people believe the picture following the Criterion run should be good for at least four weeks in one of the big Broadway houses. The Capitol will only agree to a two weeks' run and then only under the condition that the picture touches a gross of at least $28,000 on Wednesday night of the first week of the engage- ment. Figuring on the past perform- ances of the Capitol with blfr pic- tures and the strength of tl.e news- paper campaign that would be placed behind the Capitol engage- ment of "Knighthood," It Is figured the picture should gross In the neighborhood of $50,000 on the first week with the po.'^sibility it would drop to about $40,000 on the second. As agaln.st the Capitol engage- ment there would be lined up three weeks or possibly four In the Rialto and Rivoll with the gross for those four weeks figured on paper at ap- proximately $95,000 with the rental that the Hearst people would get not quite the equal of the terms they could secure out of the Capitol. The chances are that the deal will be clo.«c«l one way or another dur- ing the coming week. The Strand has not a.s yet entered the field for the picture, the management feel- ing that a.s long as tho Capitol is bidding for tho pro'lnction they would not be able to m<H't the fig- ures of that hou.se because of the treni« ndou.s capacity advantage that it h.as. SPOKANE'S NON-CENSOR MOTE Spokane. Wash., Nov. 15. Organization of moving p;ctu:» <'v|ii!,itcr;j ."--eon to conil>at a mov( r> i- t .n-or-ship of the Kcrvn plays if l M!i i i l !i'd ty Hp «> k> i ne mfimrro'i . Th • Tarkrr .'ind Hiver.'-idf rJ-"'"'?'^'' t f tie State grange, an jnip""";'"* i.Mtor in l.gi.-lafive action in th"; Slate r- olvcd fo lauiich a cm- p;iigii to eliminate nil Fc.•n^^ cf BLOSSOM TAYLOR'S MARRIAGE San Franoi.>-:co. Nov. 15. Blossom Taylor, formerly with Keystone comedies. Is en route to Hono'ulu, where it is reported sho will become the bride of Lieutenant Commander K. W. I'eterson, U. S. Navy. Their engagement resulted from a meeting aboard ship. , The Tuesday meeting of the T. O. C. C, which on advance dope threatened to be one that would stir the entire industry, turned out to be a tempest in a teapot, with the result there was no one Injured. The final listing of possible casual- ties found none injured, while those who were hurt were those whose mental attitude received a severe setback. In other words, the star chamber proceedings held In the olfices of the T. O. C. C. last Friday after- noon, when It was decreed that Marcus Loew would be asked to resign or forced io resign from the T. O. C. C. went for nil. Marcus Loew at the meeting evidently stood up and told the exhibitors where they got off. One thing is certain, that as a result of the general attitude the exhibitor members of the T. O. C. C. took in regard to Marcus Loew, they will almost to a certainty lose Senator James J. Walker ias their counsel. Another Is that If Loew had been aware it was even sug- gested his resignation was to have been asked for at the meeting, he would have tendered it before the meeting opened. That at least was expressed by him immediately after the meeting Tuesday. Trade Prts* Offended Another development in the en- tire matter is that those at the head of the T. O. C. C. have alienated the trade press of the pic- ture industry from their cause. This much was in no uncertain measure borne to the meeting In a round robin sent to the T. O. C. C. In the past the theatre owners have at all times sought the co-operation of the trade press for favors when the exhibitor body needed the help of the paper."*. At the Tuesday meet- ing the press was not only barred, but informed their presence was not desired and that they could get news regarding the meeting from the .secretary of tho organiza- tion. In that manner the organiza- tion could let those who had been its friends have a decided colored account of the proceedings, which would meet with the approval of the organization's heads. That the T. O. C. C. had Just begged approximately about l.'iOO worlh of advertising from each of the various film trade p.'ii)ers to Ijoost it.i annual ball made those l)ublicatlons that had sub.scrihed to the ndvrrli.sing a.'-'siHt.ance all th • more lncrn.«ed at the treatment. It was the scn.-^o expie.<.se<l that this .idverti.'-in/? would be curtailed t'> say the least, and perhaps d:oi)j) d altogether. The mcf ling In a measure was to '•all Mar.'U.s Loew "on the carpet" : ecause he had d.-ired in try to In- organiaation and stop acquiring theatres. As a third motive the i matter of the combination bookings were to be discussed, the A. B. C. ' meeting which was held in the morning being the advance engage- ment prior to the major operation, scheduled for the afternoon. Tho.se present at the A. B. C. meeting were most secretive,' cry- ing that if anything regarding the meeting was broached In the press it would materially assist the local exchanges to cripple the work they were trying to do. As the hour for the T. O. C. C. meeting approached It looked as if the composite exhibitor body of Greater New Y^ork and surrounding FRANK J. DAVIS INJURED Los Angeles. Nov. 15. Frank J. Davis, superintendent of production at the Lasky Studios, Hollywood, is in a local hospital suffering from a fracture of the skull. He sustained the Injury in an automobile crash. . •rojise the f>ri)])fi of h.s jjr'.seiit c.r- ( uit if theatr»s. Al.^o with a threat in^! lied, if not uttered outriglit. thif .Me'ro p .tuj-es were to he banned l»v the T. O. C •' nr"Tit>e>-<j 'm r <■• territory was to be r«"esent. They came from all section*.. New Y'ork, Brooklyn, New Jersey, and even Westchester, with as many of Mar- cus Lower's friends present as there were fhose or)posed to him. Those friendly disposed toward Loew seemed to be in the majority despite the leaders had evidently decreed his ous;ting. Loew's Stmight Talk After the meeting it was disclosed Lee Oohs had taken the floor with a long-winded speech tha^ was to have led to the asking of the resig- nation of Mr. Loew, but John Man- heimer arose and called Ochs out of order, which was sustained by the chair. In the words of one of the exhibitors who attended the meeting, Loew "made a monkey" out of the gathering. When he an- swered the questions hurled at him regarding the expansion of his hold- ings in tho Greater New York ter- ritory, Mr. Loew calmly Informed the exhibitors assembled he was in the business to advance and expand and that ho hoped to do so until the day he retired or dies and until that time no one, not even the T. O. C. C, the Hays organization or anyone else could restrict his activities either through threats, in- timidation or otherwise. What they were trying to do was to force Marcus Loew and his cir- cuit'to submit to a plan whereby a split with the A. B, C. could be ar- ranged, Loew stated that he would not submit to a split of any kind and that he would fight. He privately Intimated had It not been for the Intervention of the Hays organization he would have long since started on the organization of a booking combination as against the A. B. C. and now he was going to do exactly that. Nick Schenck is now working on a plan of that booking combination which will embrace the territories where Loew has no houses, where theatres will be booked in conjunction with the Loew string, not only in New York city, but throughout the state and perhaps eventually embrace the en- tire territory where Loew is rei)re- sented. Senator Walker Score* Members Senator Walker scored the ex- hibitor members of the T. O. C. C. for the ninnner in which they were actirg against th< ir fellow member, Loew. and stated if they look up the n:;itter of lioew and po.«<s)bly made an arrangf ment with him. it was orily a que.^tion of time bef«jre th<-.\ would have to go nil down the line anil tackle every one else, one by (<ne. This was a foolish wan'e of energy, he sai<l, and as long as they wari!e<l to 5;«'tt!e the (lUi-st'on of at) efUJitablo booking pian in the Great- er city and Uie surrounding terri- tory, wasTi't it a qu< M'ion that could b/'' tiik t'i i I'l' f r in ; t i it r Hny;» o r gani B**^-4 !» r< l ay < Thu; sl l a . ^ ) v ih matters in general. It would not be surprising If he found the pressure of his political affairs in Albany too great after tho first of the year to continue to take any active inter* est In things of a picture nature after that time. If the exhibitors lose Senator Wal- ker at this time, when undoubtedly he would be one of the greatest fac- tors possible In their behalf in New York State and In a short time In the future for the entire country, they have but themselves to blame. The Senator came, gave all that he had to them, not only locally, but nationally, and the beat that he hat gotten at all tlmtiS baa been the worst of it. Independent Prices Going Up The Tuesday meeting was Just another step on the part of the pro- moters of the A. B. C. to force Its strength on Loew through the medium of the T. O. C. C. utilizing the organization of exhibitors Io compel a fellow member to bend tO tho will of an outside corporation that is being condticted for the pur- pose of cutting the price of film, which, In reality, It would aeem at this time is going to work out in a manner quite opposite, for with a Loew combination for booking per- fected and opposed againat the A. B. C, it is going to mean that through competitive bidding for pic- tures, the price to the individual in- dependent exhibitor is goit g to be forced upward. On the question of booking com- binations and his attitude toward the A. B. C, Loew stated in tho meeiing any person who in any lire of endeavor did not take any legiti- mate means that were at his com- mand to protect his own interests was a fool, and that he did not in- tend to be a fool in any sense of the word, .ind that the exhihitora could either take his advice or leave it. a.s they jjlcased. When the mat- ter of placing a ban on the Loew- Metro pictures because of the fact that Loew was In opposition to aome of the members aa an exhibitor, was broached, ti was cried down on the floor. An effort was made on the part of some of the members of the or- ganization to placate the membera of the press who had been so shab- bily treated after the meeting waa over, but the offer of a boiled down version of the minutes of the gath- ering was refused by the papers. After the meeting Sam Moross, secretary of the T. O. C. C. Iwsued a statement on behalf of the or- ganization, which gave a general resume of the minutes of the occa- sion and which in part stated that "The A. B. C, was mentioned as having been formed for the aole jturpose of protecting the Interests of tho independent theatre ownera in ol:)taln!ng for them what is de- nied to them by circuit houses." In another paragraph there waa the walloji that what the T. O. C. C was trjlng to put over came to light in the following language: "There wnn no dire<'t mf^ntion made that the Theatre f)wner.'*' Ch.itnber (jf Commerce is nbont to- launch a hoyt'ott ngains't the Metro pictures, hut. there w.'ts an iiifi-r'-nre or an iriiplif ation tliaf. to supi>ort the producer arnl <listril)utor who la alvo an e.xliihitor, is 8imi)ly helping one who is destroying the w» Ifare of an indepeiid iit exhibitor." • ' . INfore leaving for the co.ist yes- fc. Aviii^hiiiuod" i"o.lo'.vi:;g the Cri- JsIk.wu in ihi.s Stale. i ■.'= 1m .s of ih.e m lioti an<l threshe.l out there f'»r the entire membership lntere.«jf<'d f)n both »id(s of the prni>o»itlon. ■\'-'. "•••.,••'.. ^ «• -:''". ■ 'f. '(!• :•<'♦''■?.'■» t ,'..piy I ;i. ji^ «''()r'Mighly dir-ru <d with th« j-v-i f)"r v.ill ;)Hfr iii*» lembc'dliiu of th'j I i^taii the .\Ir. J'ara-_ Loew rnourit corr. eoi mh ;: r'fii.-<-d to st.'ite wiieth»r or not he w(ju!d tend r his resiKoatlon as a <■ of b;s <i«.T. ».,il -fiitf ;j|e fi.i.'jui at d li.e exhibitors have shown on ihe Tuesday meeting.