Variety (July 1923)

Thursday, July 2«, 1*23 PICTURES St EXHIBITORS AND MUSK SOdETY GRADUALLY GfmNG TtXXTHER Antagonittk Film Men Ask for en Bloc Propoti- lionft—E. C. MiUt in American Society, With New Ideas on Music for Picture Theatres^ : '■'*' ,. V i;- One by on© th* exhibitora who have been most mntagoniatlc against ilM music tax proposition are re- ported falling In line for "proposi- tions" from the American Society of Composers, Authors and Pub- Usherfl. Franlc J. Rembusch. one of the most bitter opponents against paying a music license fee, is said- to have solicited a proposition whereby hl.i string of theatre* In the Middle West may be collectlveJy licensed. W. A. Steffes, president of the Minnesota Exhlhltom* Asso- ciation, recently proposed a licens- ing rate for his string, which the American .Society refused, counter- ing with another proposition. The Colien, O'Reilly and Brandt factions have lent more than a pass- ing ear to the question, and in re- ciprocation the American Society ha55 evolved a number of box office ideas that sound Interesting and may prove an asset In dollars and . cents for the exhibitors. The executive staff of the Society is In iiroceps of reorganization, with •,, Edwin Ciaiide MlUe, the executive secretary of the Music Publishers' Protective Association, slated for the chairmanship of the American Society's b^ard. J. C. Rosenthal, the present general manager, will continue in that capacity as well as the legal aspect. Silvio "Hein, the composer, will complete the di- rectorate, all three to be under sal- ary. The song writer-composer . members of the society have waited op Mr. Mills with the proposition of accepting a $10,000 post In addi- tion to his duties as the chief ex- ecutive of the M. P. P. A. - ImpreMed by Mills * Mills, who has been a sort of un- oflflcial representative of the Amer- ican Society, will most lllcely ac- cept this flattering proposial. He was tendered twice his $20,000 sal- ary with the M. P. P. A. to leave the publishers, but prefers to stick by them first and merely supple- ment his duties with the composers' Interests. It Is not unknown that the Will Hays organization and the national exhibitors* body also have been Impressed by the value of Mr. Mills' services. Mills has outlined a concise pro- gram which should prove of marked value to picture theatre owners. A complete revision of the music tax scales Is the first. Obviously the current licensing system of ten cents per seat per annum la a bar- gain rate for a theatre like the mammoth Capitol, New York, while a 300-seat house in Secaucus which offers film programs three or four times weekly to the musical accom- paniment of a player piano should not pay more than two cents per ■eat per year. The re-scaling of tax fees will take into consideration the type of house, population and other factors to make the licensing equitable all around. Points for Exhibitora Among the Important points Mills has In mind, for the exhibitors' ben- efit Is: (1) An Intelligent cue sheet. Those music publishers currently In the business of marketing cue sheets do ao primarily to exploit their own publications In the ac- compan3ring score at the expense of the action of the film. The new cue sheets would be culled from every member-publisher's catalog and dis- tributed so as not to favor any one firm. (2) Mills has hit on the Idea that a popular song, really a tabloid story set to music, could easily be elaborated Into a short reel for film divedissement. As a matter of fact two-color photography firms, In- cluding the new Eastman color process, have been dickering for these rights. The obvious objection to "plug- -^ glng" Is countered by Mills' citation that a screen version of "Brass," for Instance, plugs the novel; the new8 reel*? continuously plug Atlantic City and skiing in Norway, and the U. S. Shipping Board vessels all summer, and other instances. This Is exploitation for the box office, however, and no one will deny that Irving I^rlin or Harry Von Tllzer In the nevTs reels are far more In- teresting and romantic figures than the builder of a n-w ship or a BLOCK SYSTEM BOOKING CONDEMNED BY MEEHNG Owners' Chamber of Com- merce Discusses it in N. Y. —Must Rely on Salesmen The Theatre Owners' Chamber of Commerce ^held a discussion on Tuesday at" their regular meeting 'on the question of the block system of booking pictures. The questions under discussion were whether or not the exhibitor should continue to rent and book pictures without knowing the nature of the produc- tions, and without seeing them be- fore renting. In other words,' con- tracting for pictures to play their theatres months before the actual productions were even started. The general exhibitor attitude was one of condemnation of the system, and un expression that the distributing organization, which lately inaugurated the Idea of show- ing the exhibitor pictures before selling them to him, was lauded.. CmON OASS PLACED IN DESPERATE POSITION Belief on Coast Unless Vindi- cated Future Picture Career Ruined Los Angeles, July 35. Gaston Glass has asked B. P. Schulberg. head of Preferred Pic- tures, to be relieved of the contract under which he is worldng with the organization pending the outcome of his trial on charges of lewdness and disorderly conduct in connection with his arrest in company with Louis J. Oasnier and two Hollywood beauties. Elchulberg has refused to abrogate the agreement, feeling sure of the vindication of Glass. The situation here at present seems to Indicate unless there Is a quick and favorable vindication for Glass he will be ruined so far as pictures are concerned. NEGRO PICTURES Cohen's Colored Folk Stories to Be Mads in Birmingham , South Bend. Ind.. July 25. The stories written by Octavus Roy Cohen of the colored folks will be made Into pictures at Birming- ham, Ala. Scenes will be taken In that city of the locales and extras. They will be comedies In two reels each. Mr. Cohen will have Neal Able, the minstrel man, associated with him, the latter retiring from the stage to try the camera. The BlrmlnRtiam Picture Cor- poration has been formed. Very little studio work Is anticipated in the making. ATTEMPT TO COLLECT Los Angeles, July 25. An action to recover on a judg- ment obtained by Lewis J. Selsnick In New York City In November of 1920 against Herbert Brenon, Lasky director, was started last week by Attorney Phillip Cohen. Brenon was finally served with the papers after great difficulty, accord- ing to report. T. 0. C. C EXHIBITORS FIGHT ON HEARST FILMS Norseman flying «lov*n an ley in- cline. The Inhabitaiila of this country spend 16,000.000 annually for music and musical produces. It prove.** how Important a factor nuinic is In the aesthetic exi.stence of the Amer- ican citizenry. If this appeal la combi/ied with other arau.'^ement there is bound lo be a favorable le- actlon. ' ;■■' ' ,.■- Insist on Terms of Original Contract—Two Pictures Now with Goldwyn-CosmopoHtan The exhibitor members of the T. O. C. C. are waging a fight against Goldwyn-Cosmopolltan In an effort to compel that organisa- tion to stand by the contracts for the productions of "Little Old New York" and "£nemies of Women," signed while the CoemopoUtan Pro- ductions wers being released through th« Paramotint organiza- tion. During the last few weeks there have ttean a nma^er ef con- ferences between the committee on business relations of the T. O. C^C. and James Grainger, general sales manager of Ooldwyn-Ccsmopolitan. The contention of tha exhibitors is that it cannot becooM elastic at the will of one party without the consent of the necond party. They feel that as both Goldwyn and Cos- mopolitan are represented in the Will H. Hays organization, the Motion Picture Producers and Dis- tributors of America, and that that organization and the T .O. C C. were the first that got together on the queetion of the uniform con- tract, there should l>e an agreement entered Into whereby the ctuinge of the channels of distribution for the two Hearat productions should be delivered to the exhibitors under the contracts that were originaUy en- tered into. . ' V •; ,; ■ On the other hand. Grainger, speaking in regard to the two pro- ductions, maintains that at the time that the pictures were sold to tho exhibitors on the Paramount con- tracts they were sold on the basis of belief that the pictures were to cost but 1*200,000 to produce. In reality the cost of production ran over $800,000. This, he contends, has made it necessary for a re- alignment on the question of sales quota to meet the new condition that arrived In production costs. The exhibitors feel that It is not up to them how much a producer spends on his product, and in the event that the producer permits his product to be sold at a figure that means a lose to his organization, it is none of their affair. One of the offers that has been made to the exhibitor organization by Grainger Is that on the basis of a new contract for the two produc- tions in question would they be satisfied with the difference made up to them in advertising in jthe Hearst publications In New York for their theatres? This proposal they refused. The matter Is now hanging fire with the exhibitors awaiting a de- cision on the part of the Goldwyn- Cosmopolltan organization. In the weekly mimeographed bul- letin which the T. O. C. C. sends out to its mombership the row be- tween Goldwyn-Cosmopolltan and the organization was referred to as follows: 'The status of the two Cosmopoli- tan pictures 'Enemies of Women' and 'Little Old New York' remains the same, pending our negotiations with Mr. Grainger. •*Your chamber passed a resolu- tion pledging otir members who hold such contract not to re-contract for the purchase of these pictures from the Goldwyn-Cosmopolltan Company and n\embers who have no contracts for those pictures are warned and cautioned against the purchase and booking of these pic- tures pending the^ negotiations be- tween your committee and the Cos- mopolitan officials, under penalty of expulsion If this resolution is vio- lated. "The resolutlen further empowers the president of your organization to go to a court of equity in case the Goldwyn-Cosmopolltan exchange attempts to sell these pictures to any exhibitor not a member of our organization, infringing upon the right and protection granted you In the contract." Early thia week It was stated that the T. O. C. C. was still awaiting the action of the executives o! the Gold- wyn-Cosmopolltan organization. JOHNSON MANAGING FORUM Kansas City. July 25. Julius K. Johnson, for the last three years manager of the Rialto Oraalui. left thl-s v^ eek for I^s An- gelee. to become manager of tlxe new Forum theatre, now being con- structed. Mr. Johii.Hon with hi<i wife an'I little duugtUer will make the trip to the roHst by auto. FAMOUS BUYS IN ON McVICKER'S; 50-50 AGREEMENT WnV J. L & S; ^% ! ■ V, ,■? '■ .'I- ■ .•r.>'wi Famous Players Operating Commencing Aug. 6 With' Aaron Jones as General Manager—^J. L. A S* Have Remodeled Orpheum for Pictures INDIANA THEATRE HEN LEAVE FUN BOARD Withdraw From Hays Spon- sored Group—Rembusch Joins Indiana Owner; Indianapolis,. July 31. The Motion Picture Theatre Own- ers of Indiana have withdrawn from the Film Board of Trade. th« Will Hays sponsored organisation. With- drawal came at the annual meeting at the Severin hotel here last week. The meeting was marked by greater harmony than lias axlstsd in Hoosier film circles In many years, the chief Indication that the peace dove was in command com- ing when Frank Rembusch. owner of If theatres In the State, who for several years has been opposed to Sidney Cohen, president of the Mo- tion Flcttire Theatre Owners of America, came to the meeting, pledged allegiance to tha organisa- tion and was made a member of the executive committee. In the, discussion rrecedlag with- drawal from the Film Board of Trade, speakers asserted they re- garded the organisation as unfair to exhibitors, saying that the wants and desires of producers and dis- tributors came first, and if anything was. left the exhibitors were con- sidered. New offlcers were elected as fol- lows: Frank Heller, Kokomo, president; W. C. Katsenbaum, Terrs Haute, nrst vice-prtsldent; William Con- nors, Marion, secretary; O. I. Dema- ree, Franklin, eecond vice-president; Charles Olson, Indianapolis, treas- urer. The board of directors Includes: Oustav G. Schmidt, Indianapolis, chairman; W. H. Brenner. Winches- ter; O. O. Schauer, Valparaiso; J. B. Stelne, Clinton; Charles Sweeten, Evansvllle; L. I. Bernstein, Michi- gan City; A. C. Zaring, Indlanapolia Ed H. Bingham, Indianapolis, was re-elected national executive com- mitteeman. :j ; }j.--- .J.t ChicacOk July. 25. RUPERT HUGHES' "ZAL" CENTRE OF TANGLE Author Under Exclusive Gold- . wyn Contract Has One StQ^y Outstanding I^s Angeles, July 26. A Rupert Hughes story, "Zal." held In all of Its rights by William It. Hearst and printed in a Hearst publication, may have a bearing on Hughes' contract, an exclusive one with Goldwyn. Goldwj'n contracted with Hughes to have the . le rights to all of his stories, past and present, for film presentation. Another condition by Hughes was that no one would have the right to the use of his name upon the screen other-thaa Gold- wyn. "Zar appears to have been over- looked. Cosmopolitan has full right to produce that Hughes story with the Hughes name attached, but to date has not done so. Ueport here says an independent picture producer last week in seek- ing to secure "Zai" for a picture learned the conditions, and upon wiring Cosmopolitan in New York for the film rlRhts to "Zal" recMTed a reply utating |20,000 as the price, with the script ready for Immediate delivery. The producer is said to have encountered with an offer of $15,000, but Is reported about de- cided to close. NEW LA PORTE, DTO., OPENS I.a Porte, Ind., July 23. The new La Porte theatre, comiuR $100,000, opened Monday night with piotures and a presentation. The house is modeled afior Mc- V^ic'uor's, Chicago. Famous Plajrsra haa purchased fl-om Jonea. Uniek A 0ohaeffer one- half iBtereat la McVlolrer's. the firm's bioreat loop picture house. The agreement Is for 10 years, wltli tba local Arm guaranteed a rental of II.MO weekly for tha koaaa mad Aaron Jonea. tm MUary. t» remain as its general managar tor one year. At any time dnrinc tha term Faas* oaa may buy out tha J.. I>. * a tat- tarest on noUca. Meantima Jones. Liniok ik Schaef « fer hava protactad thaoMelvaa In Uia Loop through the reopening of their Orpheum aa a flrat-rua theatre. In tha paat the flrm*a Orpheum haa bean a tremendous monay maker. There will be no immediate chaiiga la HcVicker'a picture poUey of tha praaant Jonaa. Llalok Jk Bchaefter contlnua to hold oaatral of tba ground laaaa. licVI<diar'a rspre- aenta aa lavastmaai of |S.M«.0«0. It was wholly rebuilt by tha three- firm and aimed aa a competitor againat Balaban * Kats* Chicago theatre. Famous Players has evidenced a strong friendship for McVIeker's since it reopened, with Jesse L. Lasky giving it especial attention, going out of his way ao far as to Inform F. P. stars trarellng to or from the coast at one tfane to stop off for personal appearance at M*^- Vlcker's, without salary. Edward Olmstead. representing Famoua la here to join McVIeker's staff, and Harold Franklin le ex- pected before the week ends, to look after the details of the arrange- ments. Variety In Its weekly estimate of picture receipts for Chicago has haa been estimating McVIeker's weekly gross at figures that Indi- cated a loss for the house, but on behalf of Jonea, Lfnlck 4k 8chae9**r It haa been repeatedly denied the theatre was lo||ng. " FRAUD ALLEGED Connecticut Police Looking for Thomaa R. White Bridgeport, Conn.. July 2i» Bridgeport and New Haven police are searching to-day for Thomas K. White, alleged head of the United Movie Bureau of Good Picture-^. Inc.* which, they claim, is a fraudu- lent concern. " .>-..■ J. Information received from scares of complainants Indicates th.it White advertised to secure a plac** in the movies for any one who had the money and ambition to become a screen star. The sum of |7 was collected from applicants as an Initial payment. A search of White's New linen ofllce revealed about 1,500 photo- graphs of would-be stars, the ma«^ Jority pictures of young women. The last complainant to see White stated he was about to leave for Canada to gather material for a proposed production. '* OPERATORS^ NEW SCALE Will Be Presented to Exhibiters By Local No. 306 A new wage scale for picture ma- chine operators for Greater New York and vicinity la being form- ulated by the Moving Picture Ma- chine Operators* Protective iTnion, Local S06, and wlfl be presented to the T. O. C. C. for consideration this week. The new scale will provide for a' higher wage for the operators un- der a new contract for the coming year with the exhibitor orguTti/«- tion. SOPHIE TUCKER'S 2-BEELKR ' San Francisco, Ju^ *jr.. Sophie Tuclver has been slgn^nl to malt" a two-reei comedy in Los Aar geles. She will t>egln work on tha llim Aug. 12, when opening a two- week engagement at the Orpheum. .\n independent firm is to produce the picture. Miss Tuciter o;>enff fur two we^-kf at the Oiph«Mim here Hiiiida/ (July 20). . .: , . , •