Variety (June 1924)

•' ■* ■ ■■ M VARIETY PItTURES fi '-"m Wednesday, June 11, 1824 LARGER PICTURE aRCUrrS SAY THEY Will GIVE PUBUC BENEFTT OF TAX Exhibitor-Organization Issuing No Instructions on Matter—Individual Action by Members—Loew's I Cutting 60c Scale to 50c 4- With the admission tax up to 50 eents repealed, all of the exhibitor- organizations have claimed and ac- cepted credit for the winning of the flght, the qucBtion remains as to whether the public is to get the benefit of the tax cut the law- makers in Washington intended as a relief to those who patronize the Included amusements. The bigger circuits are going out for a"tax cut to the public. Harold Franklin, for the Famous Players theatres, has stated a cut in admis- sions up to 50 cents would mean the wiping out of the tax. Marcus Loew •aid the houses of the Loew Circuit would give the public-the benefit of the cut and in some instances where the admission charge is now 60 cents including tax, it will come down to 50 cents, an actual saving t>t 10 cents. The Fox Circuit is also to cut. The bigger picture houses on Broadway, Strand ar.d Capitol, have not decided as yet. The Rialto and Rlvoli will only be affected on their matinee prices for the orchestra seats, which will be 50 cents Instead of 55, and the balcony, 32 Instead of 35. None of the exhibitor-organiza- tions has voiced themselves. Those locally represented In New Yor'' State will not take any official no- tice of the iper.sure but will leave the lifting of the tax to their mem- bers as individuals They assert the greater part of their membership has been absorbing the tax; instead ©f charging the public an admis- sion of 27 cents of whch two cents was tax, they charged 25 cents and paid the government two cents out of that. The ruling obtained by the Hays organization through its Washing- ton representative, Jack Connelly, from the Internal Revenue Depart- ments, says the lifting of the tax becomes effective July 3. Deputy Commissioner R. M. Estes also ruled thai the return for tax on admissions under the old act for the first two days of July might be made on the June form, but th.T the tax for June and the two Ju'.y days must be filed before July 31. The seating tax repeal is effective June 30. After that date no special tax stamps are required by the pro- prietors of theatres. The rulings were forwarded to the Hays office by letter and will be given out officially by the De- partment of Internal Revenue with- in a few days. GUY M. WOODS ON TOAL FOR MANSLAUGHTER Charged With Killing 3 People in Auto Collision—Liquor Figures ' Los Angeles, June 10. Guy M. Woods, location man for a picture studio, is on trial for manslaughter under a charge of having killed two women and a man in an automobile collision Feb. 18. The prosecution alleges Woods had several bottles of liquor In the machine and his breath smelled of it when taken to the hospital suf- fering from injuries received. He was but recently discharged from the Institution. The smashup occurred when Woods' car collided with that of the Rev. Roger Sherman, in which auto the people who were killed were riding. The case Is before Superior Judge Reeve. CANADA GETS LEAD M FOREIGN FILM IMPORTS Decrease of U. S. Pictures for April as Against April, 1923 —16,000,000 Feet Used in Canada Varioty-Clipper Biirsau Evans Bldg., Washington June 10. April, 1*24, discloses another drop In tha footage of picture fllnis exported as compared with April, 1923. A drop was also noted in comparing March of the present year with March of 1923. According to figures just made public, these two successive drops are not alarming, as when taking the 10 months of the fiscal year and making comparisons with the same period last year there is a decided increase. Canada has Jumped into the lead as the greatest importer of Amer- ican-produced pictures, with the footbge going Into that country during the ten months ending with April 30, 1924, m excess of 16,000,000 feet. JURY DEADLOCKED Jurors Couldnt AjrM en Case of James Calnay, Fj^rh Promotar San Francisco, June 10. James Calnay, who claimed to t)e a motion picture promoter, was tried In the Superior Court on a ccharge of conspiracy to obtain money under false pretenses, and dismissed, the Jurors being hope- lessly deadlocked at 9 to 8 for con- viction. Calnay is charged with receiving sums of from $250 to $150 from various women on his promise to star, or feature, them in a produc- tion alluded to as, "Nobody's Child." Mrs. Marie Calleaux gave up $1,600, on the understanding that her 4- year-old daughter would be the star of the picture. The promoter fled to Los Angeles, it is charged, and was arrested there and brought here for trial. FOX-SHEEHAN WITH "ASSISTANCr PLUGGING EXHIBITORS HERALD" BINDERIIPS OMAHA 'mACKUSr TRIAL Suing for $750,000 Undei; Sherman Law—18 Film j Companies Defendants MUSK MEN WIN AGAINST FlUI EXHIBITORS Federal Judge Renders Deci- sion Against Picture Men on Copyright Violation Sol M. Wurtzel on Coast SoHciU Picture Players for Advertising Through James Ryan, Casting Direc- tor—"Graciously Requesting" '^ '—^ — IGNORES K. K. K. Mayor Permits Sunday Movies Despite Klan's Demand Warren, O., June 10. The Trumbull County Ku KIux Klan by resolution recently de- manded that all movinj,' pictures in the county be stopped on Sunday. Mayor J. H. MarRhall of Warren has announced that he will permit fiunday pictureH. "I win not lend my aid to the Wishes of .1 minority to force their will upon the majority," said the JUayor. 1 KEARN'S DEFENSE I.,os Angeles, June 10. Jack Kearns, manager of Jack Itempsey, han filed In the Superior Court his answer to the civil action brought by Mary C Tcnney ngainKt him for $100,000 damages. His answer Is .a categorical denial to all of the woman's charges. She alleged that he gave her narcotics and' attempted to attack her. The answer alleges the suit was brought as a means of extorting ttioney improperly from Kearns. 'I «'U'S" DETEOIT HOUSE Detroit, June 10. Universal is now operating the Broadway-Strand, which will close July 6 for four weeks and rCopen I Vfth "The Signal Tower," contlnu- Iklg with "U" pictures until Janu- ary 3. Elwyij !^^n)Qjur75ii)ate»aB A^ufff luanaser. Los Angeles, June 10. William Fox and Winfield R Sheehan, general manager of the Fox Film Corporation, have a hobby to turn out the greatest achievement In picture journalism In the form of a Fox edition to he published in the "Exhibitors' Her- ald" this month. As a rule, when they have some especial task, which might cause embarrassment to directors, actors or executives' employed by them, the task is assigned to .Sol M. Wurt- zel, general supervising director ot the Fox West Coast Studios. There are some 200 or more actors who have been on the Fox payroll for a short or long time in the past year and who have earned $100 or upward a week, as well as direc- tors, assistants and executives who have been called upon In a most gracious way to cater to the "hob- by" of the heads of the firm by tak- ing advertising in the special edi- tion of the "Exhibitors' Herald." Wurtzel in this Instance delegated .to James Ryan, casting director at the studios here, the task of bring- ing to the attention of the players the fact that the number will be published. Ryan carried out the mission by sending out 500 or more letters to players who had worked for Fox during the past year in which he outlined the plan and pur- pose of this edition. A Variety reporter who mean- dered out to >Iollywood ran Into a number of actors who were dis- cussing the letters received from Ryan. One had worked a week for the concern during the past year and felt very much put out he was called upon at this time to con- tribute to a special edition. He said he had not had any work within the past four months but that It looked as though he would have to "dig coin" and send In for an advertisement if he wanted to get a look-in at the Fox plant In the future. The Variety reporter got hold of a copy of one of the communlca- Judge Van Valkenburgh, In the Federal District Court for West- ern Missouri, has handed down a decision 11 motion picture exhibi- tors in as many suits by music publishers for copyright infringe- ments. In each case $250 minimum damages, court costs and counsel fees are awarded the plaintiffs and in the aggregate, according to the American Society of Composer^, Authors and Publishers, a sum which would have paid these ex- hibitors' music license fees for the next 10 years. Attorney Remick suc^ John G. HIatt and the Gllham Theatre Co. in two separate actions; Feist named Joseph Stockdale, A. K. Broussard and J. T. Wilson defend- ants in three suits; Broadway Music Co. sued Stockdale, as did Stark & Cowan; Jack Mills, Inc., sued Broussard and Berlin, Inc., had claim againt H. H. Barrett and A. M. Eisner. Omaha, June 10. Trial of the suit for $750,000 as triple damages under the Sherman anti-trust law sought by Charles S. Blnderup, former exhibitor of Minden, Neb., against 18 motion picture producing companies, who Blnderup claims forced him out of business. Is gojing on In the United States Court tiere. Plaintiff asks for $249,000. If he wins a verdict the damages will be increased three times. An exceptional array of legal talent stands opposed in the court room. William Seabury and Willard, McKay and Keogh of New York, represent the film companies, to- gether with Arthur Mullen, Halleck Rose and Eugene Blazer of Omaha. Blnderup Is represented by A. P. Anderbudy of Minden, ex-Senator Norris Brown, Judge Irving Baxter and Dana Van Duzen of Omaha. Blnderup was a farmer near Min- den, a town of 1,559. He opened a hardware store there and, acquiring a little capital, opened a motion picture theatre. He built up a chain of five theatres and later in- creased this to 28 _ in various Nebraska towns. In 1919 he had trouble with the Omaha Film Board of Trade, fol- lowed by his suit in which he claimed the film industry had "put him out of business." The lower court decided he had no case. The appeals court sustained the lower court, but the United States Su- preme Court reversed the State courts and ordered the trial. The trial will continue about two weeks. Blnderup took the stand and told the details of his troubles v.-ith the 18 defendant companies. He ex- plained that he had been put on the "blacklist," despite his denials that his business affairs were In order, and that he had committed no violations as a result of which he might be eligible to censure from the Film Board of Trade. OFFER FOR CONSTANCE ville Company, which operates the West Coast studios. It read as follows: "Mr. Sol. M. Wurtzel, ou» gen- eral supervisor, has asked my per- sonal co-operation in making the big special Fox edition ot the 'Ex- hibitors' Herald,' to be published early next month, to tell all the world about the productions we have made, and are about to make. We want to make it, and have the promise of Mr. Martin J. Quigley, publisher of the 'Exhibitors' Her- ald,' that it will be the greatest achievement ever known in motion picture journalism. "The Fox organization is placing 150 pages of its own in this num- ber, and stars, directors and studio executives have all contracted for at least one page. In order that it may be truly representative of big things Fox is doing, we want it to contain advertisements from the players who have been in Fox pro- ductions during the past year. "This edition has become a 'hob- by' with Mr. Ftfx aijd Mr. .Sheehan, the general manager of our com- pany, and wires coming in daily from the east are to the effect that we studio executives must give Harry Hammond Beall and Sam W. B. Cohen, who are handling the edition for the West Coast Studios, every possible bit of co-operation. "I feel that our relations have been such that we arc not tres- passing In asking your support in this matter and your serious con- sideration of this propo8lt,ion will be considered a personal favor to me. I have already told Mr. Wurt- zel, I am sure we can count upon your co-operation. Cordially yours, "James Ryan, "Casting Director." "P. S.—I am enclosing contract blank and ask that yoii All same in as to the largest amount of space you can possibly take and return same to me at your earliest con- venience at this studio, as the copy dead line will be shortly offer June 1. "The rates are $110 a page; $55 one-half page and $30 for one- fourth page. Where photographs are to be reproduced there will be Conaideration of 1^15,000 Above Con- tract Reported—Doubted in New York From reports received in New York City producers on the West Coast have asked Constance Tal- madge to star in a picture, the special consideration over and above the contract being $15,000. This Is taken to mean that Miss Talmadge has been asked to ap- pear in a picture other than those produced by Joseph M. Schenck, to whom she is under contract. The report is received with a lot of reserve. In the Metropolis, in view of the long time contract she signed^ with her brother-in-law. PICTURES REVEAL ERROR Judges Misplaced Men at Cambridge Track Meat—May Be Adopted FILM WINS CASE Results in $37,000 Verdict Against Traction Company New Orleans, June 10. Motion pictures figured largely la the trial of the action of James Can« trelle, 18, who had both limbs am-* putated under a street c^. The railway corporatlOI^ said that passengers were not allowed to rlda on t^e steps of the cars, but th* film was shown to prove that thou« sands of passengers ride on the stepA of the cars when crowded. The action was tried before Judg* Jje Blanc in the Civil Dlstrkt Court and resulted In a decision in favoi* of Contrelle for $37,000. tlon|i. It was written on the sta- a slight extra charge for engrnv- ti'oncry Vf "tliV Wnnim T?'ox" Vautle-1 rng* "■ '"""V: Tt."' ' Cambridge, Mass, June 10. The motion pictures taken of the inter-collegiate meet last week allowed the judges were in error In placing W. R. Chase of Harvard third in the second heat of the 100- yard dash, instead of Barber of Cali- fornia. The picture revealed that Barber just nipped Deck of Colum- bia, and Sullivan of Boston at the tape, with Chase sixth and Irfst. The pictures have been hailed by both officials and coaches as a solu- tion of many problems of this char- acter. Police "Reporter's" Discovery New Bedford, Mass., June 10. Detective Sergeant Raymond Ham- mersley, assigned by Mayor Rem- ington to the office of "Theatrical Police Reporter," closed his first week by reporting he had discovered no violations. But he did learn that exhibitors In motion picture theatres are tak- ing a weekly loss of from $80 to $100 because none of the 14 the- atres care to evade the law which makes it a misdemeanor to admit children unaccompanied by a per- son at least 21 years old after, 6 p. m. So far as "Obscene and Indecent" 3|lctures are concerned, Hammersley aid he saw none. ' '' WOULD EECOVER $2,920 Los Angeles, June 10. Trial of the action of Paul Caze- netlve against Charles DeRochOi actor, was begun this week^Caze- neuve sues on an assigned claim to recover $2,920 for services ren- dered by Louis P. Verande, of Paris, who assigned his claim to Cazcneuve. Three year.s ago, it is stated, De- Roche (whose name is DeRoch- fort) agreed to pay Verante a com- mission on all picture engagements obtained by Verante over a period of two years. DeRoche is now W Europe. HUSBAITD MUST EXPLAIN Los Angeles, June 10. Joan Trevor, who is being sued by Norman Howell for divorce, tes- tified in her cross-complaint against Howell that the co-respondent, Philip Knaggs, was Introduced to her by her husband. Howell didn't appear in court. Because of the peculiar circum- stances attached to the case. Judge Summerfleld directed th: t Howell appear next week and explain. His wife said that Howell had forgiven her and lived with her after her relations with Knaggs had become known. INCE ADDING EXTENSIONS Los Angeles, June 10. Thomas H. Ince has started work upon the construction of a new stage 100x160 at his Culver City studios. He Is also to ereat two 'liddilfloAal MlnttiliftidtlOd bulldl<>C[«.