Variety (December 1922)

»»■ Friday, December 8, 1822 MOTION PICTURE DEPARTMENT—Pages 33 to 39 PICTURES S9 MICHIGAN EXHIBITORS CALL ■± ■ 'a- I- LEGAL "BOYCOTT ON BIG 4 =Ez: ..> "^ Theatre Owners Pledge Themselves Not to Book Fairbanks or Other United Artists' Films—Result of Row Over Booking "Robin Hood" 1^ thanks productions. Up i Dec. 4 more than 100 po Detroit, Dec. «. United Artists and Douglas Fair- banks stand to lose at least $200,000 In bookings In Michigan as a result of the action taken by the Michigan Motion Picture Theatre Owners as- sociation In virtually effecting a boycott on United Artists. While it Is not a deliberate boycott and while the association used no co- ercion In getting its members to re- fuse to book future United Artists productions it did use every per- •uasion in the matter, all of which is perfectly legal according to the findings of former Judge Alfred J. Murphy, attorney for the associa- tion. He declares it is legal to per- suade and that the association has only done that. ^ The association last week sent out L * big folder 'with a cartoon ridicul- K ing Douglas Fairbanks and urging ' exhibitors not to book any future United Artists ' or Douglas Fail- to Monday, postcards had ^ been received from exhibitors, rep- resenting not less than 150 theatres, in which they went on record to the effect that t^ey would not play any more "Douglas Fairbanks or United Artists productions." It is the first time since the or- ganization of the Michigan motion picture ownet^ that any concerted action has been taken to urge its members to refuse the bookings of any one company. "The United Artists must bo made an example of," said Henderson Richey. of the association. "They are the hardest organization to fight in some ways , and yet the easiest. Hardest be- " cause they have excellent pictures and easiest because they have given -' us a real case against themselves. Had they been dfiJ'omatic they could have saved themselves all this annoyance. AlJ we wanted from them was an assurance that they would not do it again and for them to admit that they had erred." N. C. Chapman, manager of the Orpheum theatre for the Shadukiam Grotto, who booked "Robin Hood" from John Fairbanks direct, says be does not intend to let the ex- hibitors association "lick him". He is now negotiating for other big pictures and says any further tampering on the \part of the ex- hibitors association will bring a suit fnr damages. "The exhibitors association have a right of course to do certain things for the uplift of the Industry, but they have gone too far. Our deal with John Fair- banks was absolutely a fair one. We paid the price and we showed It at $2 prices which was not in competition with the regular pic- ture houses. The Broadway-Strand or Johji H. Kunsky certainly would not change the entire policy of their theatres and put "Robin Hood" on at $2 with two shows daily. It would be better for them to stick to their own policy and to play "Robin Hood" after its Orpheum run. They have no more right to show pictures at $2 if they are a continuous policy houKO than the legitimate theatre would have to enter their field, if you want to put it that way. I be- lieve that every theatre has a right to show whatever it wants, at what- ever prices as long n.s it pays what the produc( r asks. If he is willing to gamble, whose l)u.sine«s is it? The case of the OriJJunmi is not comparable with any other city and neither does it .«!et any precedent ' that is against the exhibitor. It is my personal opi?»Ion that the Michi- gan League ha.s gone Just a step too far, both ngain.st Mr, Fairbanks, the I'nlted Artists and in n.'^in^' its influence to stop the Oritiieum tiie- atre from geJting any murt" big pic- tures." Manafrer Chapman has stirred up oxciteTnent fi^r the fir^•t-^uns by angina U\i* ()rt»li« urn tlicaXr«-pol- Icy for llie "Ilol)in ilood' enj^ago- inenr. The pirlure comiilot'.-il four weeks ;u %2 prices, all fu«a?s re- servftl on Satiirdity. l)-c. 2. On SuTiday, l)(i\ .lid tlir Orplieuni in- augi!ial«.'d ix puligy of Ji»e, tlit)W.s tlaily, with jvri.:e/< on tJ»G main floor r^«lii.:cd to Tj rmts a'i<1 fl ai ni?;ht :"'•'■ . ' • t.r. J .!•'-; ^ 1*1 at;:j .hl.iji \iiey arc ihc wor^e seals WATCHING NEW FflJU THROUGH STEREOSCOPE Device on Every Seat at Sel- wyn—Picture Unseen by ^, Naked Eye Following the tenancy of D. W. Griffith at the Selwyn, who Monday switched from the Apollo for the two remaining weeks' rent of the latter house, there will be exhibited the new stereoscopic films called "Tele- view." The new film is not intelligi- ble to tho naked eye but must be viewed through a device akin to the stereoscope. Each seat in the Sel- wyn will be equipped with the de- vice, adjustable to the face of any person seated. It will cost 135,000 to equip the Selwyn with the "Teleview" peeping ^devices. The corporation controlling the new pictures plans similarly out- fitting one theatre in each city. The showing at the Selwyn is, however, an introductory one, the manage- ment intending no more than a brief exhibition, although the "Teleview" has an option of three weeks follow- ing the single week arranged for. "Teleview" is due at Christmas. Jane Cowl is dated for the Selwyn late in January in "Romeo and Juliet," but may be assigned another house, dependent on the run of the film "Teleview" is backed by John Borden, the wealthy Chlcagoan, who has had m'any adventures and who is a backer of the greatly successful yellow taxicab venture. WILLIAMS OFFICE Opens New York Quarte Schenck Deal No ■'.'*•■ rieijtii, hi; J. D. Williams is back from the coast and now installed in his own offices in the Strauss building at 5th avenue and 46th 8t»eet. Will- Lams moved Into his suite Wednes- day, but prior to that time he had been practically keeping ofl!lce8 in the lobby of the "Rltz, which adjoins the Strauss building. Early this week Williams again denied the rumors to the effect that he was going to be associated with Jos. M. Schenck or that the latter was to be with him in his new ven- ture. He pointed out that it was a year aft%r he started on the forma- tion of First National before there was • anything tangible regarding that organization and stated that such might be the case with his new plans. Williams also stated that there was no truth that there was a deal between himself and one of the executives of the Insj^i- ratlon Pictures Corp. . 1 FUSSINa OVEE PATTEN Los Angeles, Dec. 6. Former Postmaster Patten, right hand man for Hays on the coast, was greeted on his arrival here by tho heads of the various large com- panies that are members of the Hays organization. He is to make a study of studio conditions and report back east to Hays. The company ofllclals are making a great fus.s over him. in tho hon.se, and no doubt the.se prices are charged merely to let it be known its run at |2 in not ended The new poi y Is virtually the s.'ime as In effert at the Ad.mjs, .Madison. Broadway-Strand or Fox. the regulation first-run picture houses, and practically infers that "Robin Hood" will not bo sold to any of thnsp fht' .-iitres an d that the th w l)olicy at tlf" Orph«^Mim is in realit.v ()io first -nm oji '■K"I)-in llood." It would not be surprising to Kee tilt! Orpheum announce ih.it "th's? picture will not be shown .-it an>- (liiier Detroit theatre" and Ih. prices drori)rd a.i:;ain after a f«'w w'ks h' order to tret the trade {votn the peo- 'v.;'•'■> V. f. 'd ■ :;'> •• \y •<:'.' h Ut. :r a* Ihcir rcs'donllal iheatrt. KARL mCHEN DEALS BLOW TO FILM MEN Claims Business Is 'Controlled by Group of Foreign-born Speculators'' Karl K. Kitchen, who writes on theatrical topics for the New York "World" Sunday magazine section and also publlclBos "Hitchy-Koo" at divers intervals, has written an ar- ticle. "Whafa the Matter With the A|ovJos?" in "Columbia," the omcial organ of the Knights of Columbus. He states, in part, in an attack on the industry's executives: "In the first place, the film In- dustry in America is controlled by a group of foreign-born specula- tors, the majority of whom are actually unable to speak the English language with dny de- gree of correctness. Pants press- ers, deli-atessen dealers, furriers and penny showmen started In the picture business when it was in its infancy, and they are the type of 'magnates' who preside over its destinies today. "The whole industry is in the grip of men of this type—uncul- tured opportunists from Central Europe from whom, until they are retired from the motion picture business, the American public caji never hope to see any real improvement In the photoplay. A few better pictures will be made, of course, but the great bulk of tho product will be cheap, and without taste—like the men who make theni. "Har.sh words, you say. But It is necessary to point out this fun- damental fault with the movies before setting forth the others. When a better class of producers make motion pictures there will be better pictures.'* He adds, "The days of alien domination of the American mo- tion picture industry are num- bered and nobody knows it better than tho Illiterate but crafty •magnates' who are in control at the present time. , ., . , "When this change oomcs about there will be less of the 'favorit- ism' than now exists throughout the production end of the indus- try. Naturally, In any business In which beautiful women are em- ployed there are bound to be in- stances of favoritism. IJut the number of untalented and entirely superfluous young women who are foisted on the public today will be considerably lessened." Kitchen continues: "Practically all the film companies are turn- ing out the same,type of picture?. Photoplays today are as stand- ardized as sausages, and no effort is made to change them. Because they made money in the past the companies are turning them out to<lay expecting them to make money in the future. They are all made with the same formula, with tho result that when a theatre- goer has seen four or five pictures he has really seen four or five hundred. "The best proof of this Is the fact that whenever a so-called unusual picture is shown—a pho- toplay that is a little different from others—it is almost invari- ably a big financial success. But let one company make a success- ful SCI story and every other company will follow suit. Soon the public Is surfeited with them." In conclusion: "The fact that too many photoplays glorify crime and criminals and that they make heroes of seducers and heroines of prostitutes is, of cour.se, deplorable, but not particularly Ferlous. To ehronlele nil the minor faults would rerjulro a ."-mail siz^^l volume. The funda- mental ffiults are the ali<'n doml- natif)n with its curse of relatives, and the copy-cat methnds em- ployed by every company. When they are eradicated—as they pure- ly will be-we shall have fewer and better movies." CERTIFIED INCREASE A. B. C DECLARES PRODUCER PLEDGES INSURE FUU SUPPLY - \,- Independent Makers Volunteer with Offers of Ma- terial of Sufficient Footage to Fill Bookings Indefinitely—Covers N. Y. Group Only TRADE SCOFFS AT SUIT OF VITA VS. FAMOUS Anti-Trust Action Regarded as ^^Childish Squawk"—Vita Once in "Trust" r Vitagraph filed an anti-trust suit against Famous Players and other parties in the Federal court in New Yorlt late last week, alleging a con- spiracy in restraining of trado and a virtual monopoly of first run houses, and demanding damageu uf J6,000,000. The trade was not disposed to re- gard the court action seriously. Vitagraph's product is of the mod- erate priced kind. Instead of first run theatres being tied up to the big distributors a number of exhibitors have been forced to combine in a mutual booking arrangement calUd tho A.ssociated Booking Company for the specific purpose of buying pictures in the open marliet In this case first run exhibitors complain that their supply of first run fea- tures is restricted, or the reverse of Vitagraph's contention. Showmen looked upon Vitagranh's suit as a "childish squawk" because Vitagraph didn't enjoy what It con- sidered a proper demand for Vita- graph pictures, :„•; • As a matter of fact, Vitagraph and its present chief, Albert E. Smith, at one time were an intimate part of tho Tightest, tightest l!ttle trust the industry ever saw, when a member of the General Film Co., which attracted the attention of the Department of Justice before it went into bankruptcy. Vitagraph was the prime mover In a little consolidation of its own, the V. Ij. S. E., a releasing combination that functioned for a long time. Thl.-g present suit seems merely a follow- up of a recent Federal Trade Com- mission complaint against Famous. EXPLOITATION SONGS Kansas Exhibitors Raise Royalty ■\ Point The Kansas Motion Picture The- atre Owners' Association Is oppos- ing the music tax demands as con- cerns the performance of "picturd fcongs." This exhibitors' body deems .«?ongs like "The Sheik," "Rodolph Valen- tino niucH." "Oliver Twist." "The Old Homestead," "Isle of Zorda," "Lorna Doone" and numbers on that order which are written around a film production for mutual pub- licity purposes as an exploitation stunt and should not be Rii>»Jei'ted to a music license fee like other copj-rlghted songs. BILL HART BACK ON SCREEN William S. Hart is coming back to the screen and he Is again going to be linked with Famous PlAyers in .any productions that he may do. That at least Is the word that has been sent out unofTlcIally since Hart arrived in New York a weelc ago aboard tho Paramount special from the coast whi( h brought baek the deh'ifates to the sales convention which that organization held in Los Angeles. Hart Is h<^re looking for stories. House, ClroHsman & Vorhaus are looking after his business affairs, at lea.st William Gros.sman of that (irm, who has been the screen star'.s adviser, is in almo.st daily touch with him. Circle, Indianapolis, Advertises Raises in Scale Indanapoll.'-. Per. f>. The Circle, movies, rai.'ud it.s prlrrs last week from 2r>c. «ifter- nonns an«l 25'*. .'Uiel 4''.c. evi-nini^s to 30c. afternoons ar.d aoc. and 50c. f'veriinKS. I'u'l page ad.si slpjutd by tho P.oard ' I ■:■■■:'. :•' (' ■•: -•;"*...• ':''lli.v fit I rt-;rr;nir;'i cfcl 1 • I'.nt "'. mulntulned un the old price ecolc. FRISCO PRODUCERS ORGANIZE San Francisco, Hoc. 6. —Mnttnn pirtnro produr»»rs in San Franei<='0 held a meeting la.st week and formed a co-operative organ- ization of wlilf'h N. Hragomanovich was elected president. The companies included In th*^ n^^w a.s.t;0(:iation are tho West C )ast l-'ilm <!orf»oratlon. I'au] f5/»r-on ; ■ .ii.j «r ■.•'.M»;a!;o:i. ..i>.t •" ;. f ;i'f<T,i'<»i I'li'-t^iplny, Ire, aiid :'.: , CJoidc-n Ciatc Film Corporation. A statement emanated from the Associated Booking CO., made up of independent exhibitors in the metropolitan area, that enough film for their purposes had been prac- tically pledged by independent pro- ducers to insure their programs on a first run basis far ahead. Beyond this condition it was de- clared tho cooperative group had te ted out by intorvlewa and corre- spondence the views of outside pro- ducers sufficiently to be convinced that their position as independent buyers of pictures was secure. Until this canvass of producer opinion had been made it remained a question what the attitude of the producer would be^ If the inde- pendent had declined to do business with the A.B.C. or bad shown a dl position to hold out for high terms, the venture would have ap- peared doubtful. EUther the exhib- itor pool members would have had to go back to their Individual book- ing with the big distributors, as before, have filled their programs with outsido product l>ookcd Indi- vidually or turiied their homes over to second run. This would have been a return to the old practice toward the correction of which tho A.B.C. was formed. ' Most of the iturvey is b.ased upon correspondence" frbm independents who approached the A.B.C. volun- tarily with a vleiv to opening nego- tiations and the data concerns only the New York group without refcr- enee to the other cooperative pools which have formed or are reported forming in St. Louis. Texas and other sections. A movement is pro.iireFsing toward the int<5r-rela« t!on of there groups which would be stronger than any single alliance, but the a.«;surapce of supply is al- ready ample for the New York synelicato alone. "* Iiidligations of a helpful attitude On the p;irt of the Independent pro- ducer are of the utmost importance to the A.B.C. members. It is rec- ognized that the outside exhibitor stands between two fires. All the A.U.C. exhibitors are in competition more or less severe with either the Keith exchange associates or the Locw chain. The big circuits make it their business to secure as near 100 per cent, of the desirable attrac- tions as possible in order to give tho best show and to keep desirable pictures out of the hands of rivals. The big distributors want the booking of tho important circuits because it is the most profitable. From t;me to time effort has been directid toward an arrangement for tiie division of programs in certain zones. It was suggested that Fam- ous riayers for Instance deliver a leading release to a Loew neighbor- hood theatre one week and to an Independent in the same «one the next week, both houses being first run. The scheme fulled at the out- set be ause Loew and the Keith bookers would not agree to the di- vision and the distributor took the position ho could not enforce the praetiee except OH tho circuit's agreement. VALENTINO'S ENGLISH DATE Oha«. B. Cochran, English pro- ducer, has entered into a tentative airrcement with Rodolph Valentino^ picture star, calling for the appear- ance of Valentino and Mr.s. Valen- tino in London at $3.COO weekly, providing the litigation now on be- tween Valentino and the Famous IMaycrs should be decided against Valeritlno. Should the final »PFult of tho litlKation permit Valentino to play in America, the picture star will play tl.e large film houses, making per.«onal appearances with Mrs. Valrutino. Cochran plans to place Valentino in one of his I/<>ndon revues, if the drrjK ion Is against Valentino play- ing over here. __;,v,: _.— .:^;v;v,; Sam Goldwyn Secretive Los Angeles, IX'C. (5. My.-lery surrounds the presence Ikii! of Sanniol Goldwyn, who ar- rive,! a fnw •I:m«j r- ^ ]'... v.eu.t y'.l • ■ i . . . ;ii 5 • ?id .'ind.0'4 vet'no •* \. ■■^ i.cji ab o to feu:;as ^kai .t jtf, ^ll. a,l)^iit. ,^ ^^ ^i-t^it^ m^