Variety (December 1922)

r-.' ;'.• s. ,■ ■«•• ■■{■. i L-r .•^' ^. - 'Friday, December 22, 1928 MOTION PICTURE DEPARTMENT—Pages 33 to 39 PICTURES ISOR REPEAL CERTAIN, S SENATOR WALKER ^ntinuous Celebration for Al. Smith's Inauguration as Governor ^ ^ .'■; ■ ' 'fc • Albany. X. Y.. Dec. 20. . The picture censorship law will \t repealed by the state legislature when It convenes here next month. This was the statement made to ar.ety's correspondent by S*^nator James J. Walker, democratic minor- ity leader in the lower house last year and who Is slated to be ma-, jority leader In the 1923 senate. Senator Walker came to Albai.y to Attend the testimonial dinner given to Attorney-General Charles D. Newton at Wolferi's Roost County Club. Mr. Newton will retire,from- public ofhce Jan. 1. Pointing out that the-film cen.sors "set themselves up to prescribe the information that jou and I shall : have." Senator Walker declared that If it is right to censor motion 1 pictures it is equally so for news- I papers, magazines and all books. The New York lesfslator, who Is one of the most popular men in public life, said the police power • could be used to regulate showing Lof palpably improper films. \ "The offender ought to be taken I Into court," the senator asserted, ^ "and tried there by legal methods whether he has offended against a Statute. Public opin'on Is the surest judge. A motion picture man will • not long continue In businefis who «■ offends the majority of the public." k W^hat will be the most elaborate Inauguration ever ptn:;ed at Wash- • Ington or at Albany has been planned for (»overnor-elect Alfred E. Smith, who defeated Governor Miller by the unprecedented piural- Ity of nearly 400,000 .votes in last Inonth's election. v The inauguration program, ac- cording to present plan.«». will ox- tCT»<»over a period of five days. Or- Idinarily the inauguration events cover two days. The tentative schedule for Gov- tmor Smith's inauguration follows: y Thursday, Dec, 28—Reception by I citizens of Albany, to be followed liby a parade which will Include thousands of Tammany Hall men 3» and Iljidii adniinlrtration offlcp- I holders. PViday, Dec. 29—Public dinner by ^^he Chaijiber of Commerce of Al- fbany at the Ten P'yck hotel or Estate armory. I Saturday, Dec. 30—The gover- l»or-elect'3 birthday. Celebration to 'last virtually all day, and in the •venlng the annual charity ball at the state armory. Sunday, Dec. 31—New Year's eve, Binner at the Ten Eyck hotel, • Monday, Jan. 1—Inauguration at the capitol. Parade and reception •at the executive mansion. The Tammany crowd will be In complete control of "the Ten Eyck hotel on New Year's eve and New Year's night, the Fourteenth street * bunch having engaged nearly every room \\\ the hotel. Assemblyman Peter A. Hamill, one of the most popular members of New York City's legislative delegation, has re- aer\'ed a big block of rooms for his constitutent.9, who are reported to be coming to Albany 200 .strong for the Inauguration. The Ten Eyck will be the Tammany hoadqiiarters for the inauguration, all tho Wig- ahi chiefs having re.iervcd rooms there. All other hotelfj in Albany are re- ported to have refused to "take any ore reservations, and many visi- ors will have to go to Troy and clienectady for aoccnimoda lions. Tne annual charity ball at the ftate •s «iory is expected to di-aw a rrowrl flO.OOO por.son5». This C'\-< at will rk the return of Govornor Smith Albany in an offii-ial sense, as he fSd MiH. Smith will Ira,! tlio nd marth. Governor and Mr.*?. !ler al:50 Vlll attend tho ball. '" Thirty-five thous.ind vi.-ltors arc fXjected in .\lhany frr tln» In- anjjuration. wiiich will be featured tojr a parade of state military or- ggnizatioim In tlm mnrninpf pror-ed- IJIP tho formal taking of tho oalh by Gevi luor Smith. The narade I.s a ifgiilar custom of t!v> ln;ai!;iiiMl •omonics. imt th s year's niarrii expectfd to surpass any previous |«\ It Is rcpnrtod that the "Fiu'lit- 69th" of .New York will b- in Jine-uj) this year, as will aiso police band of ?\»nv York, th- \\i\\- s'« •i'>.1ron .A. Tr'x^'* T? ""' ' ; i I .' . ■'.r.\ ' \ym\ ..ipiiu. u..siiiJt ua.i PARAMOUNT CUTS SECOND-RUN PRICES: BID AGAINST A. B. C. Home Office ''Examines" Whole Question of Ex- hibitor in Opposition to First Run Circuits—'To Have and to Hold" Case Cited It is declared thut Paramount is "granting concessions" In price on certain pictures for second run bookings, specifically on "To Have and to Hold," which brings the sec- ond run rate more in line with first run rentals set for the big circuits which book In blocks like the Loew chain and those bamlled from the Keith Exchange. ^ ' • From sources connected with the Associated Booking Company, the new practice is declared to be an effort to block the development of the movement for group bookings by keeping the second run exhibit- ors in line with attractive prices for important pictures. Before "To Have and to Hold" was definitely committed to Para- mount for distribution the A. B. C. board and Cosmopolitan were in negotiation. The exhibitors saw the picture and were prepared to make a bid for it for first run. Whether the Cosmopolitan offlcials would have done business was not disclosed, for the two parties never got down to a real basis of a deal. Paramount took the picture over and after its pre-release showing it went Into first run release with the Loew people. It was afterward / been the cu^jtom under s milar cir- cumstances. One of the principal complaints of the outside exhibitors has been that they were charged equal rentals, or in some cases more, for second runs of important Para- mount releases, than th*» big cir- cuits offering several hundred days paid for like territory and with hoUses of like standing. It is claimed that individuals paid as much aa 25 per cent, more for sec- ond runs than the big circuits paid for first runs, and commonly the rates were the same. At the same time Paramount quoted more moderate terms to in- dependent exhibitors it was inti- mated that the home ofUce was "ex- amining the whole subject of sec- ond run prices" in relation to the bulk bookings. The impression was given that the home ofilce ^ccu- tives put the responsibility for un- just exactions. If there had been any such thing, upon the exchange' managers, who were over anxious to make the best possible showing for their sales forces, in aggregate returns on each subject relcJIed. Meanwhile the A. B. C. faq^ion is making the most capital out ^f the better prices made on "To Have that the independent exhibitors j and to Hold," using It in an argy- were quoted lower figures than has » mcnt for membership. They say the reduction is an actual result of exhibitor organization and repre- sents the big distributors' first move to smooth out Individual ex- hibitors in order to discourage them from venturing into co-opera- tive bookings. The A. B. C. has no rule against an exhibitor signing for a feature of any kind for second run. The only restriction fa that members shall not open negotiations for a picture while tho board is dealing jyith the producer, for a blanket booking. After the negotiations have terminated unfavorably for the blanket arrangement, the Indi- vidual is free to make his own deal. The A. B. C. coterie expre.sa the opinion that the sudden move on the port of the Thea-tre Owners of America to erect their own dis- tributing machine Is a part of a campaign to beat the New York ex- hibitors to the ct)-operatIve booking thing. New Y'ork State is in a state of mild insurgency against the S!dnej« Cohen organization and Cohen is not identified with the A. B. C. The A. B. C. argument Is that Cohen hopes to get an ex- hibitor-distributor system in shape to'start and then absorb the A. B. C, bringing the metropolitan ex- hibitors back Into active participa- tion in the national-assoclatloh. The A. B. C.'s first booking, Mary PIckford's "Tes.s," will be played next week and will act as a test of co-operative playing. In the mean- while the board is making no ef- fort to close new material for the immediate future. Its action will be based largely upon the Pickford experiment. REMBUSH ACCUSES Aiding Himself for Next President of M. P. T. O. A. Frank J. Rembush has seemingly organized a campaign committee publicity department wiiich is In- tent on not letting a week go by without regisiering a space grab for Frank J. RPmbush apparently Intends to wrest the leadership of the M. P. T. O. A. from Sydney S. Cohen at next spring'^ convention. Within the last two weeks he has come out with a broadside against the music tax and this has been fol- lowed with an open letter to Will H. Hays decrying high rentals of film. Rembush is accusing the sales divi- sion of the various members of the Hays organization of exchanging price Information and gouging the exhibitws. EXCHANGE SYSTEM FOR NON-THEATRICAL F?IMS Independent Exchanges Inade- quate—Levy Plans for Jan. 1 NEW TITLES UNFAIB Washington, Dec. 20. The reissuance of films under new titles has been declared an unfair practice by the Federal Trade Com- mission in a complaint recently Is- sued against Signet Films, Inc., of New York City. Tho commission has taken particular exception to the fact that this company ha.s shown films previously exhibited under another title as new pictures and making no mention that the films in question were being re- issued. One particular picture has been taken as a basis of the complaint. LOTHARIO PINCHED Los Angolcs, Dec. 20. Jnck Crnne, picture actor and .somewhat of a Lothario with the queens of tho screen since his ar- rival here, was arrest':'d and Irttlgcd in Jail on tiic charge of having a stolon f^trinpj of diamonds in his P'..«!.srssion. Thoy boloni?ed to Dor- othy Wallace, a fornu-r swc -thcart <'f Crano, and .'<he rcfu.sed to jjro.sc- iMite. Crane said that he fiMind the jcw- tls in his hotel lobby. Crane lioa ju.^t been placed under contract by Je.'so L. I.a sky. Dwan's Through Allied Artists Allan Dv.an has siijncd wifli th Allied ArilRt??' -enrt>*^H<i**» ^or the if'lcapc through that fir;rani;'.Jit ion (.f a .series of four feature prriduc- t'ons to be made by him. Dwan i.s at present dlreetlng D:b«' D.'iniels In the production of "(;iimpfie.«i of the Moon." whirh r.ir-ir.T '"! I. :■;•;; Is '.....U";.-- ;.' \' •'.. r.fMia: iHir.nd «^.Md:o.«< v.lth a numl.e • of scones being .shot i i i'loridu. ^ The Harry Levy establishment will start Jan. 1 to acquire a chain of exchanges In the principal cities for the distribution of non-theatri- cal film.<?, according to an announce- ment made this week. The com- pany, operating under the name of National Non-Theatrical Pictures, Inc., has been working heretofore through various Independent state- right local oflfices, but it has been found that the handling of theatri- cal and non-theatrical films cannot be made to go hand In hand. The addition of the new Italian Bible pictures a subject In 62 reel.s) and the necessity of a na- tional distribution system to handle them Is behind the exchange project. National Pictures will deal al.so In entertainment films, having a series of reissued World pictures specially edited for non-theatrical purposes. Churches, schools, clubs and sim- ilar organizations frequently call for entertainment subjects at the regular commercial exchanges, but these establishments generally de- cline to do business for the reason that the non-theatrical showing.*? are In confiict with an exhibitor with a picture house in the same neighborhood. Serving a non- theatrical entertainment In com- petition with a theatre would cause the boycott of the exchange and the non-theatrical inquiry for material i.s almost alwoya turned down. With this trade and additional bus.nos.s that could be secured by tho active solicitation of tho field. 1; i.s aigued a permanent fxchanse i ii.'^iiH'PM eould l:e Imilt uji. Dur'riir the v\ar the Community orpcaniza- tion handled a big non-th«'atrica L ft'm bn.'^inp.s.s. but with the end of tlio prov»inment'.s neees.sity thi.s or- can;:;ation was .^ciapped. VALENTINO COUNTERCLAIM Wants $350,000 from Famout leges Conspiracy -Al Rodolph Valentino has filed an amended answer to* the Famous Players-Lasky Corporation's suit against him which was instituted fn the New York Supremo Court. Tho screen star counterclaims for $350,000 damages for alleged con- spiracy and asks for an Injunction to restrain the plaintiff from circu- lating the report he Is under con- tract to them. Valentino also asks for the cancellation of the contract and an accounting of the profits his pictures have made. The conspiracy charge Involves Clifford Robertson, his personal representative, who Is alleged to have conspired with Adolph Zukor anjj Je.«5se L. Lasky to conceal the fact larger offers have been made him (Valentino). Robertson i.s charged with having been finan- cially reimbursed by F. P., and Val- entino also asks that Robertson ac- count to him for all that he has received because of this alleged ar- rangement with the F. P. execu- tives. F. P. meantime has been granted an injunctive order against the pic- ture actor, wijich was upheld by the Appellate Division early thi.s month, restraining Valentino from appearing profe.SHlonally for any other theatrical or^picture com- pany. . —^-7^— EXHIBrrORS SAY K. K. K. FOSTERS "BIRTH" Distributor Gives Matter No Attention—Bookings in for Reissue Local exhibitors are aroused over the rumor the releaj^e of tho 'Birth of a Nation" was fostered by the Ku Klux Klan l.n an effort to swell Its membership through showing the K. K. K. in a favorable light as far as Its operations during the reconstruction period immediately after the Civil War. A group of New-York exhibitors Is sa!d to have waited on D. W. Grimth in regard to the K. K. K. activities and asked him If he would not withdraw the picture from general release. They were Informed by the director he would <liscu88 the question with his fel- low-asROCIates in the Epoch Cor- poration, which controls the pic- ture. Tuesday the exhibkors stated that although two weeks had passed they had not heard from the director regarding the picture. At the United Artists It was stated they were not paying any attention to the matter, remarkinflr also that in spite of the fact that rumors were being circulated re- garding the supposed K. K. K. ac- tivity In connection with the pic- ture, that bookings were coming In and exhibitors, regardless of race or creed, were signing for the pro- duction. The tremendous box office gross the "Birth of a Nation" haa scored to date would make It a box ofTIc* attraction with Its reissuance at this time. "AL" SERIES ^- Lee Moran Will Place Lardner'i Baseball Stories on Film Ring Lnrdner's "You Kno\H Me Al" is to reach the screen with Lee Moran, for years the Universal star comedian, as the hick basebxvU player. Moran, who has beert in New York for several weeks, closed Tuesday whereby he will have the exclusive screen rights to all of the Lardner "You Know Me Al" ma- terial, at pre.sent running in cartoon form in several hundred daily pa- pers across the country. Moran is planning 15 two-reel productions from the Lardner ma- terial, the first of which Is to be placed into production on the coast within the next three weeks, under the direction of ArvId Gilstrom. Ne- gotiations are now under way to secure Christy Mathewson, Mike Donlin, Nick Altrock and Al Schack for the series. Harry A. Sherman will have the buslnesn management of the organization and Is arrang- ing the releasing connection at this time. GRIFFITH'S "FOOL" Picture Rights Sold to Hit Pollock's COHEN AFTER STUDIOS ? T^r)fl Angclr-.'s, Doc. 20. J. nleriistjjy claiming to riprrsciit .Sydn. y S. Colu n and tho M. V. T. (). A., l8 making offers to various reilty pcoi)le for studio propc:iita. f:! .»■• ' .• ; . i:i li ;.;, ;.:• '. \ ; i r J"- : a ]iro''u-lMK orj.inl. jilJuM {. r i.Ji • i •■ i labiiOrii' national or^auizaliun here. •LEECH*' PICTURE REPORTED A "leoch" production of "Lorna DooTie" is being offered on the mar- ket for bookiriKH again.st the Mau- rice Tourneur d^ected Thomas H. Ince production, which Fir.st Na- tloral is Ijandliiig. The Jawitz Film Company is offoilng the picture, which Is a re-edited English pro- duction. . . Tho T. O. C r. hfls gone on record, as well as tho entire New York state body of exhibltorH. nyrainFt booking "leech" pictures of any typo as productions that are rei'siicd In the face of a' new pic- ture are termed. FIREMEN'S QUIET WORK Albany. N. V., Dre. liO, Firemen last nisht extlnguijlud a .«fniall blaze in the chimney in the rmr nf the hrrfff^nftH-of tho Colon la! theatre fplclur<»f»), facing Rradf(n»! slievf, without a .siTif;le person In an .jiidienco of several hundred know- ing there hid been a Mie. Even tho ticket atrent nnd th^ 'ii-^her'* \«*ej'r ■^,.11,. ■•:;. «/!'.1 (.••' r'■ ' ' i'11; if •! 'ine jj the ihcatie. The picture rights for "Th<» Fool" have been secured by D. W. Griffith, the latter entering into an agree- ment with Channing Pollock, the author, and the producer."*. Sehvyns, ast week, at which time a warning was pu))li.shed that picture pntduc- ers would be prof:ecuted If pirating the play. The picturlzation will rot he made for a year, accordlni? ?o pres- ent plans. About six months will be coriHumed in the making ond the estimated cr.st will be half a milllDn dollars. Gritnth has had in mind the type of picture "The Fool" will supply, lint- when ponferrinpr with IN.Mock, stated it was not until tho show v.as produced he rocognizefi lh<; story needed. MISS MACDONALD TO WED Lis Angele^T, Deo. 20. K'atherlne MacDunald is «oon to >ved. according to unronfiini'd re- port lu-r'*. The bridegroom !« a we il;!,,- fhl- cagoan. hsmo beiti" ni.ilntaiied a .secret for the pre.-enf. MISS MEYERS TO TRY AGADJ Los A I," 1.- . \u •. -n, rarnifl .M*'yei i; . i.. ■ 'i ■!■ .' I a iita eiXort to oblam lier fi#^om. "ti in J) V <> ...» ■EmMMMI ;;ft-i ^•ii': ij '»f >«• .4.) < --'J' -r^ ■ i 'l-i