Variety (July 1923)

flO PICTURES Thursday, July 10. 1923 FAMOUS-VITA SETTLEMENF ^- INVOLVES PLAYING DEAL Zukor Concern Said to Agree to Give Bookings to Rival Product as Part of Truce in Triple Damage Action—Deals with Producers 'A Btory In circulation for ten Vaya to the effect that a truce ha<l %««n brought about on bookings be- tween Famous Players and Univer- sal turned out this week to b« an arrangement said to have been eug- Vested by Will H. Hayes that Fa- Bious Players take on bookings in Sta own theatres for Vltagraph pic- tures. '' This was part of the understanding, tt la reported, upon which th« triple damage suit broi^ht against Fa- mous Players by Vltagraph was withdrawn recently. Vltagraph complained In the United SUtes courts that It was discriminated against by Famous Players, which waa operating In restraint of trade In holding a monopoly upon first run houses throughout the country to the damage of independent pro- ducers. Vita Is said to have ac- cepted as ouring the situation com- plained of. ',:, When Hays got the parties to the litigation around the tabic, it is said. Famous Players expressed a will- ingness to remedy as far aa it could the condition Vltagraph complained cf by admitting such Vltagraph product to Ita own theatres as far as they were available in quality and grade. What the precise details of the arrangement were does not appear •n the surface, but it has become apparent that Famous Players is taking a different attitude toward •utslde product for the coming sea- son. With only S2 pictures lK:hed- uled for release and with theatres •n Broadway which call for about •6 new pictures a year for pre-re- lease (calculated on a certain num- ber of two-week bookings and with repeat dates from the Rivoli to the Bialto), Famous Players, instead ot being a producing and distributing monopoly, is substantially forced into the market for material to fill Its own Broadway houses, not to apeak of the out-of-town theatres under its own management which call for twice a week q^ daily change of program. The first manifestation of thi« change of front on the part of Fa- mous wnj? the booking of Univer- eal's "Merry Go Round." It is re- garded as likely that Metro re- leases will bo played In the two Broadway stands. Since Loew. is one of Parambunt's best customers, It would be natural for FamoUa I'layers to favor the output of the atudlos controlled through Loew in Famous Player.s theafres when it came to selecting material from the whole field. THEATRE CONTROL AND FEDERAL TRADE SUIT Famous ^tending Holdings Toward Own Theatre Output Trade authorities see In the ad- dition of theatres to the Famous Players string the company's an- swer to the Federal Trade Commis- sion examination into charges of unfair practices. The deal for Grau- man's Metropolitan In Los Angeles, a $4,000,000 proposition now definite- ly closed, is only one item In the constant acquisition of theatre properties by the big producer-ex- hibitor. The possibility again arises of a situation in which Famous Players would be Independent of Independ- ent exhibitors buying, having neady enough theatres to return negative coat without going outaide. Even if the Federal Trade case goes against the company (a contingency re- garded as remote on the testimony to date). Famous could organize an operating company under separate management following the famous procedure of Standard Oil. The Federal Tra4e suit could be cited by Famous Players as forc- ing them into theatre ownership. Producers and exhibitors complain that Famous Players is oppressive and unfair in its tactics. The com- pany could reply that it Is leaving the competitive selling field and serving only its own properties. EXPANSION OF FAMOUS •PLAYERS DEFENSIVE Federal Trade Inquiry in At- lanta — Paramounts Ex- cluded From Texas Towns Atlanta, July 18. An effort on the part of counsel for Famous Players-Lasky to show that Tarloua expansive movements in the south and ^outhwest were predicted on a **s«f-prei^rvatlon" policy featured the hearing Tuesday on monopoly and unfair competi- tion charges being bonducted by the Federal Trade Commission. The hearing opened Monday. T. O. Tuttle, a former film operative in Texas, but now state organizer of the Kamelia in Ohio, testified that there are a number of towns in Texas in which the Paramount product ia excluded. Mr. Tuttle aaid that while he was in Texas an agreement was reached between Southern Enterprises, Inc., and competitive 'organisations, which gave Famous Players an out- let for their product in that state. The witness was closely cross- questioned by Robert T. Swain, c^lef counsel for the Famous Play- ers-Lasky Corporation. Mr. Swain was not present at the opening ses- sion Monday, but will conduct the case for the picture corporation during the remainder of the session. Practically all the session Monday was occupied with testimony given by Dan Michaelove, general di- vision manager of the Southern En- terprises, Inc., a subsidiary com- pany of Famous Players. «Me spent much ^ime detailing the method of operation in the south- east and defending Famous Play- ers from monopoly and unfair prac- tises charges. Bruce Bromley and C. Frank Roavis of New York, are represent- ing Famous Players-Lasky in the hearing, while W. H. Fuller, chief counsel for the Federal*Trade Com- mission, Is conducting the govern- ment's case. The hearing is scheduled to bring many prominent figures in the pic- ture industry in the southeast to the stand to tell of their negotia- tions with Famous Players during MICHIGAN FDJM MATKE OWNERS TURN DOWN SYDNEY S; COHEN Directors Decide They Do Not Want to Hear Na* tional President—Cohen Asked to Be Heard After State Body Quit Association a Jr.a: AMATEUR SCENARISTS LEAD TOWARD ROMANCE Young Cobb Reads 400 Stories in Universal—Son of New York's Film Censor ZANE GREY THERE sion between 1916 and 1919. WAMPAS GETJN • s Coast Press Agents Boost Monroe Exposition There is another angle to Fa , ..., . . ., ,.»«^. ^# *^«^« „, .. . .. *v-.» I their principal years of expan mous Players theatre operation that | „,_ ^Jl ^-J^iom -«^ iqiq has large possibilities. The com- pany has an ernormous quantity of old material suitable for reissue, t«ut it has been prevented from releae- Ihg It agnin because Independent exhibitors declined to pay any sub- stantial rental for it and objected to having reissue Paramounts sold to compctitor.s when high priced current material. Reissues 'so ab- sorb the market for current re- leases, especially when the output is large. But with its own theatres Famous Players could get a huge income from reissues without any capital outlay. Already some of the comedy reissues have begun to come out, such as the Harold Lloyd two- rcolcr at the Rialto last week and it Is promised many of the old Mack Scnnott.s are scheduled for reissue the cominjT sea.son. Syracuse. N. Y., July 18. Three-fifths of the 400 college student scenarios read by Donald Cobb, apn of former Senator George H. Cobb, chief movie censor of New York State, in his own capacity aa itcenario editor for Universal were written by women, according to young Cobb, who is spending a va- cation at his "Watertown home. The scenarios were submitted in the Ifniversal scholarship contest. The favorite type of story found by Co^b was the romance, laid in a domestic, society or college at- mosphere. Stories of business, war, sociological and political con- flict were next in popularity, in the order named. Comedy themes were practically minus. Sad lack of screen technique and failure of the writers to depict life convincingly were the two big weaknesses in the college students' output, Cobb says. L A. CATHOLIC GUILD Branch Forming on Coast—Three Hundred Member* Now Does Himself What His Heroes Have Done Book IjOS Angeles, July 18. Zane Grey, the author of thrillers, •ervcKl as a hero when he rescued a man and woman from drowning when the boat they were In cap- elzcd ofF Catalina Island. The writer duplicat«Hl the stunt of ■everal of hie heroes in stories that have been screened. I MAE MURRAY IN SUIT Allan Rock Demands |35,000 from Actress and Husband 7 DAYS FOR SASSING Los Angeles, July 18. Edythe Sterling, film actress, sassed the Judge in a Pasadena court, where she was arraigned for speeding and as a result she is do- ing seven days in the Jail house. When Miss Sterling was brought before the bench she Informed the Judge that she had been in better courts than his was and the magis- trate immediately retaliated by say- ing "Seven days and no fine." That's something that she won't be able to laugh off. WM. DASHIEL MAT LOSE SIGHT Allan Rock, publicity promoter, alleges he was instrumental in se- curing contracts for Mae Murray and hor director-husband, Robert Z. Leonard, which has enabled them to earn $350,000 on seven film pro- ductlon.s. He claims 10 per cent, commhision for his services. His claim for the $35,000 Is based on the fact that he allegedly secured a contract for the Leonards with the Globe Productions, Inc., which sub- sequently became the Tiffany Pro- ductions, Inc. Rbck also has suits pending againit the corporations and its of- ficers for breach of contract, ask- ing large damages. Los Angeles, July 18. It seemingly remained for the WAMPAS, the association of West Coast picture press agents, who have taken over the publicity for the Monroe Centennial and Motion Picture Exposition, to instill life into the proceedings that are being held over in the southern part of the town at Exp6sition Park. Since the boys have taken over the work of popularizing the affair there seems to hav« bt;«n a general re- vival of Interest and the box offices at the exposition are doing some- thing that is akhi to real business. The Exposition executives have also started to liven up things with a number of carnival features, but the WAMPAS get credit for hav- ing pulled the prize stunt with a .spectacular parade through the city streets on Monday night as a bally- hoo for the affair. More than 100,000 p^ple lined the sidewalks downtown to watch the pa.ssing of the floats and marchers, with a general carnival spirit pre- vailing for the entire route of the march. Attendance at the fair grounds has picked up considerably since and it looks as though the exposition might finally be a suc- cess after all. Los Angeles, July 18. A branch of the Catholic Actors' Guild ia forming here, with 300 members enlisted to date. The branch iH to be affiliated with the Guild, which has St. Malachy's R C. Church in New York as its principal place of worship, it being known as the "Actors' Chapel." • Among the membership at present! are Included Jack Coogan, Sr.; Thomas J. Gray, Thomaa Melghan, James Hogan, Ben Turpln, Frank Keenan, Colleen Moore, Virginia Valll, Mary O'Connor, Fritzl Bru- nette, Emmett Flynn and many others equally prominent in screen circles. ^ Detroit, July 18. At a meeting here on July ii the Michigan Motion Picture Theatre Owners' Board of Directors de- cided the organisation which se-. ceded from the National organiza- tion after the Chicago convention would not extend an invitation to Sydney S. Cohen, president of the M. P. T. O. A., to address It on the matter of their withdrawal. This night wire was sent to^^ Cohen after the meeting: "^ ,-'■.'• ..f^yj^ "At the regular meeting of the M. P. T. O. of Michigan held at the Hotel Wolverine today your re« quest for ^n invitation to come to Michigan % be heard on the matter of the withdrawal of the Michigan unit from the national body was brought before the Board of Direc- tors, and after a thorough discus- sion^ the following conclusions were arrived at: "That there has been no change In the situation, that we can see, since Mlchigran decided to with- draw from the national t>ody which would warrant a reconsideration. It was the consensus of opinion thai the Michigan unit could not be an integral part of any organization That would sanction Xhe political, methods employed at the nation^ convention, particularly the Ford matter as it was used by Mr. Cohen and other leaders of the national body. "This action on the part of Mich- igan does not mean that Michigan is not willing at any time to co- operate with or give its support to any constructive measures made by the national body, or any state, which will accrue to the benefit of the theatre owners of the. country, and to this end will be glad to dis- cuss exhibitor problems with any leaders who pay us a visit, to whom will be extended every courtesy. "It may be of interest to you to know that at the meeting today definite plans were laid to wage an extensive campaign with the na- tional legislators of Michigan to se- cure the repeal of the admi.sslon tax, and It Is our sincere hope that such program will be carried out in every state. "Very truly yours, i "Board of Directors M. P. T. O. of Michigan." , ■* % BLACKTON'S '^WaBASH" Vltagraph Will Produce Selden Associated With ~ Los Angeles, July 18. William Dashiel, assistant director for the Finis Fox Film Co., may lose hie eyesight as the result of injuries received while staging a scene at Santa Monica on location. Dashiel lost his footing at the top ml a steep hill and fell all tht< way to the bottom, sustaining serious In- licenses are re-Issued, that every juries other than those affectiag bis Imovie theatre shall eomply with •yett. ,<), the new municipal regulationa HEEPROOF BOOTHS , Montreal. July 18. Moving picture booths in this city must hereafter be fireproof. An ordinance to this effect Is contained In several proposals which are now under the consider- ation of the executive council of the city of MontreaL The new by-law will have a re- troactive effect, as, according to a letter from the chief building in- spector, the city may require, when CAUGHT STEALING PRINT Kansas City, July 18. Sydney Rosenthal, who has been acting aa aa agent for the Mcsco Picture Corporation, to promote a locally made film, "Jesse James Un- der the Black Flag" was arrested yesterday, charged with stealing a print of the picture. It ia claimed Rosenthal sold the copy he secured from the Mesco vaults, to an exhibitor, who was warned to keep it out of the larger towns. The Meaco officials learned the picture was being shown In Joplln, and^ an investigation showed that the film was a stolen one. W. B. Perklnson. of Pilcher, Okla., who was showing tho picture ex- plained that he had bought it from Roaenthal, and hla arrest followed. J. Stuart Blackton Is to start within a few days on the screen production of *'On The Banks of The Wabash," with Madge Evans in the starring role. The produc- tion according to the contlnunlty that has been worked out for it will have something like 400 scenes. Originally the plans for the pic- ture were outlined by Edgar Selden, who had Miss Evans under eon- tract. The youthful star's illness, hovever, prevented the contract from being carried out according to schedule and the production was delayed. In the period during which Miss Evans was recovering. Com- modore Blackton returned from Europe and re-entered on the ac- tivities of the Vltagraph, where- upon he and Selden closed a deal for the picture to be taken over by Vltagraph with Blackton to direct It. Clayton Davles will be the as- sistant to the director In chief. TAIMADGE FILM AT $2 For the first time since she started In pictures, a Norma Tal- madge production will play for $2 when "Ashes of Vengeance," in ten reels, opens August S at the Apollo, New York. The Jos. Schenck staff In New York ia planning a big special publicity campaign. FIRST CLOSING IN 16 YEARS Chicago, July 18. Jones. LInIck . A Schaefer's Or- pheum la closed for the first time in 16 years, undergoing remodelling. The opening attraction will be "Hollywood." a Paraiuount special, for a run. Rochester, N. Y., July 18. The Rochester Motion Picture Theatre Owners held a meeting at Irondequoit Bay near here yesterday for the purpose of naming a com- mittee for the purpose of carrying out the purpose of the M. P, T. O. A- to effect the elimination of the ad- mission tax. The committee is to be known aa the Congre.««.sional .^' CommiUee and will have represen- - tatlon in every Congressional dis- trict in the northern part of New* York state. The commitiee Includet ■ A. A. Elliott of Hudson, F. F. Peters of Hornell, Dewey Michaels and Howard Smith of Buffalo, Sidney • Allen of Medina and S. Rhonhelmer, M. Needles and P. Rosenson of T Greater New York. Sydney S. Cohen was the prin- cipal speaker at the meeting, which . waa also attended by Mayor Van Zandt of Rochester, Police Com- missioner Bareham, SIn>on Adler, majority leader of the State As- sembly, and Assemblymen Murphy and Griffiths. The organization went on record as against all forms of censorship of motion pictures within the state and pledged themselves to untiring efforts to assist in bringing about the repeal of the censor law at the next session of the state legislature. A meeting In convention of all of the New York state units of the M. P. T. O. A. is to be held this fall just prior to the convening of the legislature, at which complete outline of the flght on censorship will be laid down. POWER AND WIFE HURT Los Angeles. July 18. Tyrone Power and his wife were severely hurt in an automobile crash •which occurred near Oxhard, Cal, They have been removed to this city for medical attention. .*■■•!