Variety (December 1924)

",f:^^,^^ _ VARIETY ■■»^ Jf>'r''Tl*..»:;av-'"T-^,T^«J' 1f^ ^»1f»T C ¥ e ft ws V**'!''..'^?*"**"'-' ^Wednesday, DccemW 10, 1924 GERMANY'S '^NE FOR ONT SCHEME t. K^'iCy^^.ii^. 'ijfj JIAS FLOPPED, FOR THE PRESENT GerinaiM WUl Not Stop—ExhibHo^ Over Tlker« Want Americans, but Plroducers Against It—In- .f dustry Will Demand Importation Continue WAShlnston, Dec. •. Th* German attempt to put •oroas the "one Oeiteian produced pictur* for «ach American pro- ««oed picfure admitted" has been a But that doean't mean, according to a apeclal report Just received at the Department oC - Commerce 1^ T'- f nrsuance of a survey of condition^ l) ta Oermany, tbat the Oermans ar^ ^ Voi^'W <i«)t.'llfBitlns. They l^ve 'ether plans'tprtaviB t|k>«ir IndustryT-^ «rht<ih, f>n the suril^ce, may Ri^et Wtih Ofiore success thaJt\ tfifi latest . attempt to stifle coinpetition a^rahiist ih#.home prqductt,. ,,.^ •. • i The plan referr^.to> Vas the ret ■ult of an agreement l^etw'een the* , atve ovner* apdi ^m distributor^ . that the latter should apply to th^ i^'. Board of Censorship for .permission ^ to exhibit fmrelgn and Oerman ftlnis l'r4n eoual proportions. That is, for every foreign flhn brought Int^ Germany and passed by the censors , one new German film should be '4^ ■produced. Factions Fighting This plan, according to the first report, was a compromise In the Industry. The exhibttora want films that win get business; In other words, American films, but the German producers couldn't see this. Cut rates have been resorted to. The foreign producers offering their pictures at' a much lower fig- ure than local productions e»uld be secured. The report to the depart- ment seeing wherein the foreign (outside of Germany) producers ;. planned, this to create a demand, ^•^irlth a raise In price to follow. It Is evident from the report that the various faction* are fighting every Inch of the way. A general meeting of all picture Interests in Germany Is scheduled for the current month (December). Amerlcap films are reaching Ger- - many in SQual numbers, with the new German productions put on the market. It Is not expected that any \^decision reached by this conference v ,will materially lessen the number of American films being received, but "'.should s plan to oppose forelgn- 'rij-made films in Germany be adopted and then fall It will Increase the Imports of the American-rproduced pictures. , • Germany Mu«t Import Douglas Miller, the American Consul at Berlin, beUeves that the German film InduslTy will demand a continuation of Import licenses on foreign films. It Is a question, however, whether the governmen^t will accede to this. The policy of i^ • tariff, that which the government i": Is supporting, it, fs belleVed would be objectionable to the exhibitors. The German producers admit they eannot compete with the American comedies, animated cartoons, and flimllar short releases, their whole icompetltlon centering on the stand- ard drama of about six reels. Here they have a chance, reports the ^^ Consul, due to the constant happy ■. andings of-the American pictures. The sltuatloi^ Is further complt- .cated by the faot that :the largest German film producer, the Ufa- ^ Decia Syndicate, is doing a heavy .. Import business in American films. ..■••'tt'heir releases of foreign subjects are often much more profitable than their domestic pictures. It is seen that herein lies the biggest handi- n aap the Germans will have to face , In putting through any plan to I compete with American produced '?ploture|i. '' ,^' R. L MANAGERS DONl LKE ROAD SHOWS -TOUlfO WONT DIEEOT "BARB" James E. Toung will not direct .'the next Barbara LioMarr picture, "Hall and Farewell" Young hns been approached and up to a week ' ago was practicaTly assured of the Job. Monday. Sawyer-Tubin were •seklng' a new director. ' Hart-y ^Jibrey, Just In from the Coast, has ntoea signed as oils of the m.ile principals. 0(Hlble^CnMed with ''Sea Hpvfc^^^PubMc Off ' ^. i«, Providsnce, Dee. 1. '.Pcessnt; attempts of producers t^ book big "road show" lectures Into this -tow«t are meeting :|rith but lit- tle success, due to a "show me" at- titude on the part of the manager, who demand a picture.will not .Le imS FILM MEN ON 1M SHOWS Convention at Dallas— Lining Up for Sunday Law Repeal Dallas, Tex., Deo. ». Tha-ahlbttani of Texa* at their annual convention here. yot,e4 tb preeent, at the coming session of th« LegisUtura a bill providing for * ^< Ifi W>l>«>xlpjatejyj 1^8 a week, appUcaoie tp all Rented orgfifilxa- tldM except, elrciums and'camfvala This hlU -would taKe/the place of the Strickland measure declared nocbnatitutional by the Texas Su- preme court It would provide that __„ **''*' traveling company pay the booked into'a Io^e» priced housi in ■•!I!v..*'**'^V ^^,Jl" as the local the diatrtot wlihin three months. ?J?*'?"^'.^ ^*^ l«^ wlU be pufihed ».,_. . ... .. ..'......... tht-OUKh the Assemblv and &inuB«. The last alleged "double-cross- ing" episode of the offices In Bos- ton, through which city Providence qianagers^ make theM* , hookings, was in the cMa ot the "Sea Hawk" i^t the MiOdern early in September at TSroent top with the understand- ing it would not be exblbted in this State at Ipwer prices. Tlgiq months later the picture was at the Palace, neighborhood house, about three miles from the centre, at 10-15. The Modern had ballyhooed the picture from one end of the State to the other on the strength of the promise It would never be shown In Rhode Island at less than 7S>c«nt top. The managers declare that the public will no longer fiock to a big road show, because the belief pre- vails that "well, if we wait a month or two, we can see the same picture tor half the prlc'e.^' With the situation resting thtis la tt^e town, other show folk are watching the move of Manager Felix Wendelachafer In booking the "Ten Commandments" at the Opera house, now showing legit attrac- tions, next W9«k. McCarthy and Mitchell, the. well-known exploit- ers and publicists from New Tork, are to handle the publicity. "The Thief of Bagdad," it Is un- derstood, is booked for two weeks. following 'Xlommandments,'* Show men are also wondering what effect 4he Showing «f the "Moses" ("Six Days") (Weiss Brothers), similar to the "Ten C^ommandments" at the Majestic some time ago will have upon the de luxe presentation of the big show next week. GENE STRATTON PORTER Los Angalea Dee. t. Gene Stratton Porter, noveltet and film producer, diedi Saturday night after the limousine. In wblt|i she was riding, was struck by a street car. Miss Porter was taken to St. Vincent's Hospital suffering from a fracture at the base of the skull and died two hours later. Her chauffeur. James Gowdy, was un- injured. Miss Porter was the head of the Qene Stratton Porter Productions Company, producers of "Michael O'Halloran" and "A Girl of the LUn- berlost." She was SC years old. Is survived by a daughter, brother and son-in-law, who is James Leo Meehan, film director. The funeral will be held Thurs- day. Chicago Fire Picture -Barriers Burned Away," the pic- ture based on the story of the Chi- cago nre, mode by Arthur Beck and Leah Baird, lias been brought into New York for distribution. It was pK-xnned at first to road- show the fUm, but John S. WootJy of Associattd Ejrtilbitors has deoideil it will go the regular release way. ' In the cast appeafflSfrank Mayo, Mabel Ballin, Harry Jlorey, Wanda Hawley, Tliomas SontschI, Arllne Pretty. W.ally Van anJ 15ric Maync Much of the "shdatlng*' was dflne In Cliitago, tFlth Mtss Balrd, Who JUNE lATBB HAKKBS ^ Lo« Angeles. Dep. t. Jane liat^ls married 9ytvaiw Bal- bonl, member of a i^min«liit I^Iian family, whom sbauet la Italy |rhlle producing "Ben-Hur." The wedding took place last Sat- urday at Riverside, Cal., but the bride returned to the First Vatlopal "lot" and beri ^9^ 'Monday tawmllDf ■; The RIaltO. Davenport. la., re- opened ^ov. 28, as the Liberty. It will be conducted under the resi- dent management of Thomas Bel- lamy of Cleveland. Ba^e Boarder an^ Jd^eby Goodby« at Same TbuB IiM<AageIee, Dee.t.. Arthur Barrlacer. Meaarlo wrl^, was arraatad on tlse ebarge of tmt» Ing atoMn f•(>• In Jewehrt from Ms landlady, Marjorle Haertel, whleh she had left In the kitchen whU* washing dishes ^he claim Is that Barrlngar t«o|c .the jewelry fa hf vaa bidding l4i«. Haertel fareweU laat AprlL JBto wU' not located until this week, when Mr. Haertel Baw him entering % Hol- lywood apartment, and eall^ th* , pollca. thhough the Assembly and amuse ment men believe it has a good chance of passing. The picture men have also studied proposal having to do with or- ganized opposition to every future: canvas attraction In Texaa Over 200 attended the convenUon, FoUowInc a talk by COuurtea G, PeUlJobn. of Upw Tork. It. was de- cided the time la not pt:opItIou8 to presatit a bill acUng for the re- peal of the Sunday law. About 2t per cent of the theatres In this State now keep open on the Sabbath, principally due to the will of the people In the open towns which Is stronger than the blue laws passed long before picture houses were thought of. To this end It was decided to work quietly among other Industries affected by the Sumlay law and at the proper time to present a united front In the leglslaUve haa PREaDBtr FAVORS Washington. Deo. f. Prasldept CooUdge likes his news to come via the newsreels. Follow- ing the election, the President and Mra CooUdge took a trip down the Potomac on the Mayflower. A re- quest was sent out from the White House that films of the election were desired. J. C. Brown, who 's the cameraman for the Interna- tional Newsreel here, and known to practically • every personage of prominence visiting the capital. Was called upon to supply the reel. It' wa» necessary to make the showing possible to bring the film back to Washington on a navy plane to meet the scheduled release for the picture hotlses here the same night The flliia shown contained many shots tit the President that were taken by Brown. "KY. BOY^CLAIM Mauie Greenwood of Texas Wants Accounting c'-.j Los Angeles, Dee. t. ClalmlBg that "Boy of Mine," the picture released by First National, is based upon a scenario written by her and rejected, Maude Green- wood has filed an acticm In the United States District Court to re- strain First National from further distributing the film. An. account- ing of the film's earnings is also asked. The complaint charges that Miss Greenwood, a native of Texas, has been damaged to the extent of ♦600,000. It alleges that three years ago this January she submitted a scenferio, "My Dad," returned to her with' a rejection slip in July of that same year. Last January the pic- ture In qitestfon was released which Miss Gi**nwood asserts was taken from her i)]6X and Which makes It impossible' for her to market her sbenarte. Rkrtiish Vikitino in New YorV Los Angeles, Dec. 9. Adolph Rsmfsh, recently retired trerfsUref of West CbSst Theatres has tetaporaMly' stopped her owb Inc., Itft to visit New Tork tf\'er • work As star, giving her personal at. holltlnys, accompanied by tention to the plcttfra i Ramlsh. ' FEDERAL mOE COMiSSH)NS IBRD iOOO FILM COIH'LAINIS aires j WaahinstoB. Dae. tt '■ ICotfbtt' picturaa, their arreral comldnationa irom tha prodn^on^ distribution''and. azhltiitins. an- glea played an Important part' In the work of the Federal Trade Commission ditrlns the paat :Nar.. according to that'body'a report tO' Congreaa. " ' ' • ■ Radio, to6, eama la for some attention), tha commission naming Ita work In bringing about the monopoly charge as one of the fotir outatandlng bita of WOrir they had dona throughout the year. . AppHcatloha for ' eopiplalnts against various flrma totaled dose to 4,000 In ntmiber, with equally that, many that had come over from the preceding year dis- posed of. As for the Famous Players- IjuOci caae, the report haa thla to say: "Stretching now Into tta second year Is the case Involving a large portion of. the motion picture In-* dustry. The commission's case has been brought against the Fa- mous Players-Lasky Corporation, Realart Pictures, the Stanley Co. of America. Stanley Booking Corporation, Black New England Theatres (Inc.), Southern Knter*- inisea (Inc.), Saenger Aihusement Co., Adolph Zukor, Jesse L. Lasky, Jules Mastbaum, Alfred 8. BlacK, Stephen A. Lynch, Ernest V. Rich* ards, Jr. X^^ complaint charges that the respondents have con- spired together to secure control of and monopolize the motion pic- ture Industry. The means em- ployed, the commission charges, have been (a) acquisition' of all the corporate stock of Bbsworth (Inc.). Jease I^ Lasky Feature Play Co. (Inc.), Famous Players Film Co. and Paramount Pictures Corporation; (b) afflllafed wHh certain Independent producers; (c) the creation and exploitation of the R^lart Pictures Corpora- tion, which the respondents held out to the general public as wholly Independetnt and not affiliated with or controlled by the re- spondents; (d) acquiring the con- trol of numerous theatre corpora- tions operating motion picture theatrea throughout the United States; (e) building or acquiring, or attempting to acquire by means of coercion or intimidation, nu- merous theatres for the exhibition of respoodenit' motion pictures exclusively, (f) coercing independ- ent exhibitors to book respond- ents' films. Hearings In this case for receiving testimony are set do'wn as late as November, 1924." '^ease and Desist" List Prominent In the list of those against whom "cease and deslsf orders were Issued appeared the Eastman Kodak Co. et al. and the Q. R. S. Music Roll Co. These "cease and desist" orders totaled 635 cases, of which 65 have ap- pealed. The Fox Film Corporation case heads the list 1e reviewing those cases that went to the United, States Ciccuit Coyxt..j©{ -Appeals. On this ca^g^ the commission report8< "^Dwrtng 1916 and 1917 the Fox FllraT Corporation, hereinafter re- ferrftfl to as the respondent re- Iea|(ed, among others, three mo- tlo* pictures, entitled, respec- jitfely, "The Love Thief," "The ©■ent Lie,'" and »The Yankee yttxy," thest pictures being extea- ■slvely eJtplointed ani dlstribut*d throuchout the United States. They were known at the time as featuro pictures, with five raala, a^d wero dealgned for the prlno|- pal pirta of regular motion >lct<b« iMt>grama. 'OJurlng the feeaaon 1919-20 tfi* respondent reiaaueid the old pki ture of,"The Love Thief aa 'TIm She rUlvr," "The Silent Lla" jaf* fCSamiUa 0t the Tukon." and "Tl^ Yankee Way" aa "Sink or SwJ9l.T. Theae eld picturea with the yaw tUlea wero furnlahed to exblbttora throughout tha country in oonnae-< tlon with leaaea providing for the respondent'a so-called program series of picturea All other plo. tures furnished under such pro- gram contracts to exhlbltora war^ new pictures. The respondeat furnished the exhibitors with bin- poatera and other advertising matter, and did not In any way disclose that these pictures were relssuea The exhibitors believed the picturea to be new onea, and their patrona attended tha a hlhltlona under the aama mlatakaa, beUef. "The commission's order to cease and desist which was Issued June 6, 192>, commanded the re- spondent to COM* and dealat from directly or Indirectly adrir' Using, selling or leasing, ~ or ofTer- ing to sell or lease, reissued bM'- tlon plcturo photoplays under ti- tles Other than those under whl<!h such photoplays were originally issued abd exhibited, unleaa tba former titles of such photoplaya and the fact that they therotofore had been exhibited under aucb former tltlea be clearly, definitely, distinctly, and aranistakahly stated and set forth, both In the photoplay Itself, and In any and all advertising matter usee in oon'- nection therewith. In letters and type equal In else Mid promlnen4)D to those used In displaying tl^ new titles. "The Fox Film Corporation took exception to the oommlssloiv'a order, and on August 16, 193S, filed In the United Stetes Circuit Court of Appeals for the Second Ch-cuit lU petition asking that the order In question be reversed and set aside. The Court of Ap- peals, however, upheld the eOPr tentlons- of the commission in every particular. "During the course of Its opin- ion the court made the following signiflcant comments: "'Whl^e the findings of tb^ commission embraced but three pictures where the unfair meth- ods were practiced, that Is suffi- cient to support the order to de- sist. It Is how well recognlseh that the act refers specifically id unfair methods of competition. .This does not mean the general practice of the offender must be unfair In competition. General practice may Involve many meth- ods, each conceived and to be ap- plied for its particular deAred re- sult. One act that constitutes an unfair practice may of itself be offensive to the act ... To violate the Sherman Act It.Ja necessary to fin^^-Vbsf'tKe prac- tice ha^ gtown to such propor- tions and strength that the busi- ness and practice is obnoxious .as a trust or monopoly and restrains trade. " 'The Federal trade act was Intlended to reach such unfair business methods when the anti- trust law could not do so. . . • It is by stopping Its use before It becomes a general practice that the effect of an unfair method In suppressing competition Is de- stroyed and competitors pro- tected.