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M VARIETY PICTURES Wednesday, April 23, 1924 BROOEYN EXHIBITORS WANT ZONING AREA LEGISUTION Small Theatre Owners Would Restrict Certain Terri- tory to One Theatre—Form Organization for That Purpose MoJtin thcatrce, witli l;U'-;r sf;U- liig capacities, ni e fast Oispla'iiiti th« antiouatcd 600 Beater In tht neigliboiiiood districts of New York and in tlic oufljing sections, ,iIso in New Jersey, Connecticut and I'enn- f jlvaiiia. The llllle owner naturally pro- tests the inroads of the larger the- atre wliich iiieuns subsequent death for the small house, but his protests are wasted. There is nothing he can do about it. The independent small house ex- hibitor goes Into a community as a pioneer, lakes a long sliot gamble and builds up a motion picture r'at- ronage. Then along comes a field man from on<, of the building com- panies who looks around long enough to make a survey of the sit- uation and heads back to report that the town would support a larger theatre. A site l6 acquired. Construction work begins and so do headat hes for the small exhibitor. He linowa that Just as soon as the new liouse with all its modern appointments go up it means the shutters for his tJOO- seater. With the big house's tie-up with film producers and tlie large cai>acity he can not compete. This situation has long since been a thorn In the side of the pmall house manager. In several commu- nities he has sought and been given protection by the Board of Trade who had things so well sewed up that they would have to pass on new theatres. In most Instances the boards refused to permit the erec- tion of anotlier theatre in the towns, but tliere were still others wliere a little politics was all that was nec- essary for the required saticlion. Brooklyn exhibitors have been particularly hard hit during the past nve years, during wliich the borough has had a theatre building boom. When Loew's Gates v.as con- structed it snuffed out more than a dozen of the smaller houses in that neighborhood. Fox's Kidgewood has also cut heavy into tlio jiatron.igc of tlie smaller houses, with several closing, and tliis condition has been the e.inie through Brownsville and other sections which seemingly have grown beyond the small house. A group of Brooklyn c.Nliibitors are forming an organization, a sort of protective affair, which will attempt to put across a zoning loyislation- which would not permit more than one tlicatre witl\in a certain area. If this is suf'ccsKful tlie sni.-ill exiii'oitor win have solved his proldoni. CLARA K. YOUNG'S OPERATION FOR TUMOR Actress Suffered Great Pain l*reviously—"Trimmed in Scarlet" Tour Closed Kort Wayne, Ind., April 22. CJara Kii-ibiSl Young is a patient at .St. Joseph's Hospital here, recov- ering from tin operation for tJic re- moval OL' an ahdoniinal tumor per- formed .Saturday by Drs. H. O. Bruggcrm.in and B. P. Weaver. The actress was removed to the ho.opital at 6:30 Saturday evening in intense pain. She was taken ill on the sta^'e of the Majestic Tues- day niglit of last week while appear- ing in "Tr.nimed in Scarlet." It was first thought Miss Young was suffering from appendicitis. Krid.iy a turn for the worse de- veloped and the physicians notified ftay Owcn^. managing the show, it would be impossible for the ac'ress to contirnic her tour without under- going an operation. The entire route to the coast was canceled Friday by wire. Saturday evening, with Miss Young in constant agony from pain. a relapse set it and it was deemed advi.sable by her physicians- to rush her to liie hospital, where she was on the operating table from 8:40 until 10 p. ni. With her at the time were her secretary, Miss M. Fenwick, and Hazel Itodgcrs. Her aur.t, Mrs. Crace An^'lesworth, arrived late Sat- urday Tiight from Chicago and is with the jiaticru at present. The company appearing in sup- port of Miss Young left for Xew York Saivii-iay althougli Mr. Owens Is still here. He will leave either today or tomorrow, at the latest. ARTCRAFTS DOZEN Making ••riM cf 12 ComtdiM URirtat* Cbeatertown, N. T„ April 12. Artcraft Picture* Corporation 1m to make a aeries of 12 comedies In this vicinity, starting next month. Otheni in the Van Zanat company ar« Eddie Scanlon, Gus Alexander, J. B. Pool, June Alec, Margy Evans and Eddie Dunn, who wrote many of the Vltagraph comedies. The company will make Us head, qaarters either here or at Lake Schroon. STOLL STUDIOS BUSY Gainsborough Company Starts—Yo- landa's Presentation—Notes London, April 16. At the moment the Stoll studios are busy with several productions including "The Y^u-Sen's Devotion," produced by A. E. Coleby with Sessue Hayakawa as the star; "The Old Man in the Corner," a series of two-reclers from Baroness Orczy's mystery stories, under the direction of Hugh Croise; "His Grace Gives Notice," produced by Will Kellino with Henry Victor as the star, and Sinclair Hill is busy with "The Conspirators." There is as yet no news as to when George Ridgewell begins or what he will do when he does. The B. & C. Company are con- tinuing to make the Jo.se Collins two-reel dramas with Arthur Wont- ner as co-star. Thomas Bentlcy is the producer. The pictures are be- ing handled t-y Moss Empires. Gainsborough Pictures, the new organization under the direction of Graham Cutts, has started work at the Famous Lasky 'Islington) studios on "The Passionate Adven- ture." The cast includes Alice Joyce and Marjorie Dawe. YOUNG PLANT, HEIR TO $6,000,000, "ANGELS'* NEW FILM CONCERN Backs Garrick Pictures Co. in Conjunction with His Step-Brother, Leland Hayward—Rumored Eni gaged to "Connie" Bennett RUSSIAN PUNCH AND JUDY CANCELED AT CHI Taken Off McVicker's After First Performance—Impos- ing Salary List Chicago, April 22. Russian art is having Its own troubles in Cliicago. With the Mos- cow Art Theatre Players falling off to .a third of their 1923 business, McVicker's went astray on its pres- entation. They staged a Russian version of the ancient "Punch and Judy," but after the first performance the man- agement called it off. All the people engaged for the week. Including Collins and Dunbar, were paid. In addition to the cos- tumes and scenic eqiiipnient, the week's salary li«t made an impos- ing total. TIVOLI'S RADIO Washington House Arranging to Broadcast STOCK SELLING CAMPAIGN? Iniliana Independents Holding Show And Exhibition Indianapolis, April 22. A • onibination business men's siit'W arid motion picture f.\hibi- i;on. In wliich a number of state rights ex''hangc In the 'crritory are interested was opened hue Mon- diiy. T!io impression seems to prevail 11'at ilip stum is being pulled a« a prdimiriory to a state-wido cam- isiign (if stock selling on the ptirt of some of the Ind^ pendent pro- ducers who are offering their prodU' (s in the local exchanges. For the purpose of adding inier- •st to the project, three "plctm-e •tars" arc bfing brotight on. They are Di'lmee Cassinelli, Zena Krefo end Dorothy Chappell. "MAYTIME" MUSIC EXTRA Eileen Van Bienc and Thomas Conkey, who sang the leading roles In "Maytime" for a season on tour, will be reunited next week in Wash- ington at tho new Tivoli, having been engaged to sing the "Jfavtime" music preceding the picture of the same name. PROBE FILM ENTERPRISE Syracusans Caught in Bogus Co., Floated by F. G. Terwliliger .•Syracuse, April 22. The I'e(l» rai Grand Juiy, now in ses'jion, is ir.vestigating a country- wide motion picture enterprise in which it is .;,,lined a numler of SyraciiRtins jn\e."ted and lost trionty. The rjri..-,)lriicnt of Justice has been in\osiig;uir,g the case for seven moiU)i>: .■uid it wat not until lecently th/it an Indictmert could bo pr<s<nted. The inifuiry involves several fea- ture.", Ir.luUing alleged misrepre- sci'.tations by Friink G. Terwiiiiger of Albany, wlio is said to liave rep- resented Iiiniself as a Department of Justice ag'it in an cITcrt to con- vince piobable inve.stors of his In- tegrity. Tcr\vllii>;cr is row being he'd !n $3,000 ball f.n a cl.arge of using the mails to iUfratid. According to the agents, Terwiiii- ger huin..l-.(d himself as a Royal I'^ilni Co., at Albany. The Itoyal Film Co. is v. rejiutable concern and Tcruilligtr l-.ad no authority to use its name. Tlio ei)\<-ri';!.cnt agents say that Ter\villi(;er s .s'in ine was to invite business men with money to become co-paitncrs wiih him In devc'oping the new conipary, which was to make $l,Ouo fcr every dollar in- vested. It is ci.i'ni'd the sponsor for the alleged company col le.-ted about $65,000 frfm investors throughout the state, ninny cf whcm are in tliis; city. "Yolanda" is being well presented at the New Oxford. At curtain-rise a raised draw-bridge with heralds is seen. The heralds sound a call and as the draw-bridge is lowered, lights fade, and the screen Is seen In the castle gateway. The setting is Imposing and simple. The first half of the picture was excellently received but in the uiter portion ancient France seems to have suffered as old Englniid did In "Knighthood." Associated First Kationa! has pot the festival month idea. From the exhibitors of the Midland counties comes the news the scheme i« bciig well supported, at least &0 percent of the kinemas being in line. ■Whatever power the trade's film censor has, Manchester prefers to work on its own through its A\'^itch Committee. This organization has just turneel down the Home Office recommendations on the subject of the exhibition of films and the ad- mittance of children under IC. No film Is shown in the city without the sanction cf the Watch Com- mittee. It is notable that Manchester lia*- banned certain "passed" films and permitted others which have t<<r censored. Washington, April 22. The Tivoli is being wired from a local radio station for the vocal and instrumental portions of the pro- gram to be broadcast once or twice weekly. The Tivoli is the hou.se trying to give its patrons a presentation pro- gram on the order of the large Broadway picture houses. TOWN MINUS AMUSEMENT Mansfield, Mo., April 22. Mansfield is now without a motion picture house or place of amuse- ment of any kind. The Nuggett, which was conducted here for sev- eral years by Dr. F. H. Riley, has been dismantled and the equipment taken to Mountain Grove, where It is In use at the Cosey. Mansfield is the largest town in this section of the Ozarks without a theatre of any kind. It Is rumored that Philip Plant, son of the late Morton F. Plant la going to marry "Connie" Bennett, daughter of Richaj'd Bennett. "Connie" Bennett was once a favorite of the younger cet patron- izing the Plaza grill. She ran away and was married, but the marriage was annulled. Philip Plant has just reached his majority and has come into $6,000, 000 left him by his father. At the same time his mother received $30,- 000.000 and. then married William P. Hayward, United States Attorney for the Southern District of New York, which makes him young Plant's steji-father and step-brother to Leland Hayward, formerly In the publicity department of the United Artists. Plant's first appearance In tho newspapers was during Nov. 1920 when he was one of a party In an automobile smaeli on the Pelham Parkway In which Helen Jesmar of the Greenwich Vil'ago Follies was so injured by flying glass that her beauty was nian-ed for life. Miss Jesmar sued. There wae no trial, although there was an offer of settlement In which the young ac- tress was to have received $50,000. Her lawyers, however, refused to accept this and waited until young Plant came of age and received his fortune. Now that he has hie money they are going to try and get $500,- 000 for Miss Jesmar. The most recent activities of young Plant have beer. In financing a motion picture concern together with his step-brother Leland. The two, with Jess Smith, have opened offices In Madison Avenue for thle organization which Is known as tho Garrick Pictures. Plant Is said to have fui-nlshed a $500,000 bankroll for the company. They are going to make a picture entitled "Born nich," which William Nigh will direct with Bert Lytell starred. In the meantime the lawyers of MIse Jesmar are trying to figure out why the Plant attorneys plead poverty and state they cannot afford a settlement for the badly scarred actre.ss beyond $50,000, when t'lant >ls putting $5C0,000 In a motion plc> ture gamble. The West End Kinenia. one c.f the oldest In the West End. will shortly change its name to the Rialto. I'n- der the new regime it will Lne up for the "presentation' runt v. l-.,..;i are Increasing in pou'.arlty. Foreign Religious Film (Schenectady, April 22. "Chr.'st at Obernmniergau," said to be a foreign picture which only ;uTived In this country about tt^o vreKS ngo, Was the sjiecial IToly VetJi offering at the State. EABLY SUNDAY SHOWS TABOO -Milwaukee, April 22. The ,S!un<:.iy noon concerts in .Saxe's new Wisconsin theatre, are being cbjtclod to by the churches and this has started a fight against the opening of all theatres before 1 p. m. on tlie Sabbath. , previous to ihi<j move scvtjral.of (he dovvntovii theatres ttiiited their Sunday p.'ofiriinit at 11 u. m. CAMERAMEN'S ELECTIONS Los Angeles, April 22. The result of the annual ekction of the Society of Ciiiiinatogi apliers held Monday was as follows: Gaetano Gaudrio. president; CjI- bert Warrenton, Ka:l Hiown and Homer Scott, vice-incs.idcnts; Vic- tor Milner, secretary, and Cliailes Van Enger, treasurer. The board of governors closen included Philip H. W'litni.in, .Tames C. Van Trees, Frank E. Good, 11. Lyman Eroening. Fred JaeKruar, King D. Cac*-, Reginald I-yo.v, i',,il P. Perry and Jolin F. S'ct^. FEDERAL TRADE FINDINGS UPON EASTMAN MONOPOLY SIDNEY OPPOSITE CARP. Samuel Goldwyn has sciec'ed George Sidney as the .'ii^crs.sor to the late Barney liernanl in flic role of partner to Alex Carr in the fcc- ond of the series ot the "I'ctanj ind Perlmutter" pictures. Libby Stern Recovered Llbby Stern, secretary to Harry Goldberg ot thc< Famous Flayeis theatre department returned to her office yesterday after three weeks' absence. Mfsa Stern w.-.s cr. eeeT.nt ., ,': but has recove.-ed luiiy. Variety-Clipper Bureau, Evans BIdg., Washington, April 22. Monopoly and unfair competition '.n the h)ni industry are the basis of an order issued by tTie Federal Trade Commission against the Eastman Kodalc Comiiany; George Eastman, president; Allied Labora- tories Association, Inc.; its mem- bers, and Jules E. Brulatour. Tills order ot tlie commission is based upon an agiccd st.-itement of f.'iCt.s lii'd by parties ind marks the close- of the coinmi.ssion's case ot unfair conipctitiiin. Tliese firms are rcfiiiired to cease conspiring, to restr.i.in conipotition in tlie manu- turc and sale ot positive raw cinc- matiigrajdi film stork, and to cciso to m.iintain and extend the mono.i- oly of the ICastnian Kodak Com- pany in the distribution and sale of such I'ilnl stock in interstate and fen ign commerce. Tiiat the ICastman company has .'i lomplete momipoly was found by the commission. This nionnpoly ex- tends not only to tho positive mo- tion picture lilm. but to tho nega- tive, as well. Tiie Eastman com- pany originated tho nianufa'-ture e o m mci:ciaIly of cinematograph liiin in the year 1S'J5, and is now and always lias been the largest manu- facturer ot this film In tho worid. From 1S95 to 1019 it manufac- tured and sold about 99 per cent, of sucli film consumed In tlie United .'^taje.c. From 1919 uritil March. 1920, it manufactured anj sold nji- proximatciy 84 per cent, of all the po.'sitive fi.m used in this country, and manufactured and sold ajiproxi- mately 96 per cent, of ail produced in the United States. Between -March, 1920, and September, 1921, due to competition by importers of film manufactured-ln terei},.i coun- tries and by small manufacturers in the United States, the sale ot positive cinematograiih film by the Eastman company decreased to ap- liro.xiniately HI per cent, of the total consumed in the United States, ai- ihougli it sold approximately 96 per cent, of the total sales ot Anieri- can-nian;iiactured film. In 1920. the average ui'Mithly sale in the United .sJtaies ot positive cineniMtngiaph film by the Eastman company was jj:.000,(100 feet. As for Juies E. Brulatour. of Xew York City, th.e commission finds tiiat he had a substantially com- plef monopoly in tjie sale ot film mannfa. fired by the lOa.'siinan com- pany Tlie Ea; tman company and Erul.itdur, together, it was found, liad a siilstantially complete monopoly in the salo of both posi- tive and iietativo riiie uiatigrapii Im ii. (i.e. I'riited i^M'es. Members of Allied Ass'n -Ai'.'ciT Xafiorator'es Assoi'IattnTT; Inc., is a non-trailirii; corpcratioii with n-.Miihcrshii) limited to those engaged in any business allied to the nianufaciure, preparation, sale, or distribution ot motion pictures or sujijilies. Members of <hi;- associa- lic!^ ;4-'fi!n.''t TMitohi ortler'is d'lrcct^'d vContir.ueU en page 3o;