Variety (April 1926)

VARIETY PICTURES Wednesday, AprU 7, issa IKANSFER re. & K. CONTROL TO F. P. NOW READY TO SIGN Orpheum People Reported Worried Oyer Prospect of Publix Booking Own Houses—Sam Katz and Balaban Boys' Interests Probably Remain Same Chicago. April 1. The report that Famous Players is buying the controlling interest In he Balaban & Katx circuit hare • nd iu the 60 per cent that or^an- zatlon holds In the Mid-West Theatres is causing the executives •C the Orpheum circuit no littto inxlef y. Marcur Heiman left for New Vorlc Inst week immediately after he report was out 4hat the deal vaa pending. He made inquiries in he Famous Players and Publix Theatres organizations as to the iUth of tlie rumor. When In- ormed that the deal was all eet nd that all remained was the i.ctual signing of the papers an dded nnxiety was noticed. Within the next 10 days the deal vill be flnaUy set. All the deUils ave been agreed upon. Famous 'layers will come into actual con- •ol of 66% per cent of the B. A, K. 'orporation, taking over the inter- < xt of Julius Rosenwald, John Hertz nd otherH who have been the nancial backers of Sam Kats and ne Balaban brothers. Adolph ^ukor Rnd Sam KRtz arrived here Thursday last week and left for he coast ac-companied by Barney "alaban During the trip the flual '.losing papers will bo gone over. On their return from the coast they win again stop off here and ;he tranHfer will be made. Famous 'layers it Is understood is financing :ho deal out of their reserve and vithout the aid of outside banking .ntereetfi. Chicago Holdinge In addition to the Chicago, loosevelt. Tivoli. Uptown and tiviora theatres here and their In- oreat in the Mid-West, Baljaban >nd Katz have 60 per cent in the '.uhliner and Trlntz houses here. They also operate McVicker's in the r^oop for Famous Players. Taking •ver ih\f^ liouse originally paved the A ay for thG get together of F. P. I.'id B. & K. and the formation of he Publix Theatres Corp. At presont in the Loop the Orpheum Is controlling the I'alacc, vlajestio and the State-Lake. The itter is directly opposite the huge I'.lcaRo of the B. & K. string. The lialaban and Katz houses have been •(inking their vaudeville acts tor • re«entatlons throuph the Or ihcum's "A.nsociation." Now that he Publix ThejitroM Corp. has in I .iKurated a booking offlce of its «-ivn In New York and the F. V •'ople are taking over control of the •«-al B. St K. houses there is ad tional reason for the Orpheum and no "AsBoci.ition" executives to ' "Try Ir.r, although there has brcti ■■ i» tieflnlto intimation that there \oulJ be a switch In the booking.s ■ r the houses from Chicago to Now ^'"ik. It woiild seem io be :\ ht^i^a oiiclu^lon that the Publix orK^iniza •m won hi naturally favor its own iiokiiig offlce. AVERAGE U. S. FILM AT LOW GERMAN RENTAL Bill in Reichstag to Further Limit Importation of American Hades Washington, AprU <. ▲ new bill is about to be Intro- duced in the German Reichstag aiming to tighten up even further on the imports of American pro- duced pictures. The general plan, reports Doug- las Miller, assistant commercial at- tache at Berlin, la to increase the censoring powers with the Joker apparently embodied in the pro- vision that all foreign produced Alms "showing customs and condi- tions of life not In line with Ger- man practice be excluded." - Mr. Miller believes the passage of this bit of legislation Is remote but the American ofllcial sounds it as a warning to the American pro- ducer as an example of the de- termined efforts of the German in- dustry to bar out foreign compe- tition. American pictures, unless of the super-feature quality, says Mr. Miller, are not selling in Germany at the present time. The average American fllm is oeing "peddled throughout all parts of Germany" at very low rentals amounting in many instances to but 26 to 100 marks for three days with rentals amounting several times this figure for like German productions. Imports of American Alms Into Germany during 192S increased 26 per oent. reports the American offlclaL Real Gold Riuh Los Angeles. April A gold rush Into the Kramer HUls, S4 miles south of Rands- burg, on the Mojave desert, has started from here. Many idle screen extras have joined the race for claims In the region where the famous ToUow Aster strike was made. U.M.DAILEYIN ANOHMJAM Stockholders FUe Suit Against Bruce Mitchell COLOREU PAE ASH Los Angeles, April 1. Charging offlcers of the Bruce Mitchell Productions Corp. with false representations, four stock- holders flled suit against the com- pany, Bruce Mitchell, president, Francis D. Adams, secretary, and M. A. Kerr, treasurer for a receiver- ship and an accounting. They also asked that an injunction against the offlcers to prevent them from spending any more money be issued and complained that fraudulent methods had been used In the op- enition of the company. According to Francis 'D. Ads^s, attorney and secretary, this is a move on the part of Ulysses M. Duiley. owner of tlie studio where the flist picture was made and head of the Screen Artists Academy, who was named as the receiver de- sired, to obtain control of the pro- ducing company. Dalloy got into trouble here some months ago when he ran afoul of the State Labor Commission on cht.rges of operating a make-up school known as the Screen Artist's Production Association and Is said to have dra^ up papers for the (Continued on page M) AN01M $500,000 EXPENSE BY REOPENING OF F. P. CASE Chlciigo, April 6. The Paul Ash idea has hit the colored theatrical neighborhoods. Tlie recent appointment of Cary B. Lewis as assistant manager to the new Metropolitan. 47th street and Grand bouievard, has resulted In the engagement of Sammy Stewart (colored) and his Singing Synco- pating Orchestra. Stewart opens at the Met tomorrow (April 6). The Met, which caters to colored audiences, brought Stewart in for a Sunday afternoon and evening. Lewis alBo engaged Dr. Forney as vocal soloist. Bu.<«lne8S was big. Stewart is now under a contract. P.L ISLAND CENSORSHIP; CANADIAN PROV., 80,000 Protests Lodged—May Bring Abandonment of Film Exchanges Variety Bureau* Washington, April f. The Federal Trade Oommisslon has Issued the order reopening the Famous Players case. The commission has accepted the order as drawn by the government counsel, which the opposing attor- neys representing F. P. claln^ed was of iuch A drastic nature as to prac- tically open up the entire question from the very beginning. That the order would bring out every "agreement, understanding and arrangement whether written or verbal within the Industry" was the contention of the government counsel during the hearing last week before the commission. The order as adopted disregards all appeals to "bring the case to a finish" as voiced by counsel for the picture Interestes. The time limit provision objected to by F. P. has also been Incorpo- rated and If the picture company has not filed with the commission all Information requested as well as a list of all testimony excluded by the trial examiner, which It Is the company's claim was wrongfully ruled out, by May i, 1926, It will act as a waiver of the right to again bring up the question. The order is divided into three sections the first of which provides for the bringing down to date from Sept. 1, 1924, evidence "showing the name, location, seating capacity and policy of all theatres In which the respondent. Famous Players-Lasky Corporation, has acquired, directly or indirectly, any interest from Sept. 1. 1924, together with the date of such acquisition." It is also provided that evidence must be submitted as to the control, working agreement and/or under- standing between F. P. and any pro- ducer, distributor or exhibitor, as to the management, control or op- eration whether complete or par- tial, of any theatre or theatres. This is also to Include all booking ar- rangements F. P. may have with It being further provided that evidence as to the stock ownership as held by F. P. in any producing company theatre or theatres must also be Included. Section.two provitfes for F. P. to present, at it.s option, evidence of the nature enumerated above in connection with its competitorH. St. John, N. B., April 6. The Fllm Poard of Trade of the maritime provinces has protested ni^ainst the intention of the gov- ernment of Prince Kdward Island to establish a censorship body. Hcretolore, films paeiBed by the New Brun.<=:wiclc and ^^ova Scotia censorship boards were accepted l»y the Prince Kdward Islnnd govern- ment. "With the apiMti/itment of censors. It will be noiossary for the fllm exchanges to ship the films from the t?t. John onK'*>s to Cliar- lottetown for «'xanufi}itlon and then back to Si. John. Tliis would bo Announces 54 Films ^""^'y excimnu-os. it woum F.B.O. Convention in L.A. At tl.o officos of the Publi.r Thc- •itrrs Ccrj). in New York this wook I w;i.s siattU lhat wliilo tijrro is no • !Tb i il titatcmont that Cvjukl l<r .in i:. coil !it rnivtton of the rlov-ing . r ilie peal for tho control of tlu- ((.'ontlnuod on pa^jo 'JS) F O RV M \^WFATPE BEAUTlfUL • LOS ANGFLfcS » M WBKK 8AMVEI. OOLDWYN PreMnia the MENRY KING FroJuctlon of "STELLA DALLAS" Also TED HENKEL and Orchestra I^os AnRclc^, April 6. Tho Film BookinK Ofllce conven- tion has j\ist closed here after a profjram of 12 Cold Bond spcrlals and 42 foatuios was announced. Tho company will produce every- thinpr In units, of which there will be six, In inMitioii to the Fr« d Thornpsnn nnif. winch l!« to ma jilctures Ih the future at a minimu cost of $7.'.000. Frank Ormston. art director »>r 1'. It. ()., has bctMi made T»''<'''lurtioii editor by Kdward C. Kin^, vice- president, In cliarfio of i^r»iductioTi. .Tosi^pli Wilkinson has been Mp- ]>ointed production editor on the two reel features. It Is undtrstood here that the dele^Mtea wcra t«)Ul that Famous- riaycrs would book tlieir product In most of thf Ir housof^, r.«;prt ially the short feature .stuff. U STARTS 3 HLMS I.os Anpelos. Aiull 6. V has started three pictures Itito pioduLliiiii. Thi.v iiic "The AfTiiiis of llantK i l," which K. A. l>upont, the I'lW hnportiitlon. Is dlreotin;: witli Mary I'liilbln h?u1 Xotrimn Kerry < o-stai icd. ' Take It l-'imii Me," "William A. .Suiter directing', starrlnjr HeKiriald i>»>nny, and "iiut- lerfiies in th»^ Kain," .«tarrlnt; J.,nura I.ark'Mite, under tho diiHclinn of Kdv.ard Sloman. liso add to the c-ost of the rental* to tho exhil)ltorfl. An agitation ha.s been started on Prince Kdwnrd Island calling on {]••} provincial povernmont to ostab- lisli tlie censorship l.oard 4»n the ground that some of the films screened on the I.s'and have been objectionable. A .-.tand Is ak-^o taken that l'>ir>ce IM'VMd Islind slionld havo censors as well aH tho remain- ir-^ provinces of (^anada. There mif iit bo Some b.isis for t'nis ci-n- ti-ntion if the population of tii*^ province measured up to even tho smallent of tho other pro\ lnres. Th. I<oi)ukit:on of Trlnce Kdward I.«^land is only SO.000—equal to ab.MH W'lrd In Boston. Uepresentativce of the film ex- changes claim It may be neceKdai> to abandon the eaistern exthange.s if the detri.and for tlic ren."^<ir.Hiijp board on the little island provlJice l-ears fruit, wlil<di at pre.sent is very likely. This in answer to the contention oa the part of counsel for F. p. that they had been denied tho right to submit evidence as to what com^ petltors were doing. Section three grants tlie right to the respondents to present to th« commission for eonslderation, rt- view and final decision "any |[nd an rulings of the examiner who took the evidence** to which exception b taken. It is further ordered by the com- mission that if F. P. shall elect to present for final decision any ruling or rulings of the examiner the re. spondent is •''directed and required, not later than May S. 1926, to file fai this case a written statement of Its election as to present such ques- tion or questions, the same to be In the nature of a bill of exceptlona, wherein such respondent shall enumerate and designate su< h nil- ing or rulings separately and sever- ally, and the questions involved therein respectfully with such par- ticularity as is usually required is presenting to an appeUate court rul- ings of the lower court alleged ts be erroneous.'* Penalty of Failure Failure on the part of F. P. to comply with the above within the time limit prescribed, which con« stltutes but one month from the date of the order, "shall be deemed to t>e an election by tlie respondent to refrain from presenting such questions, or any of them, to ths commission for Its considemtlon, review and final decision." Such' failure also acts as a waiver of the right to later present such evidence as well as a waiver of the "right to have any order by the commission admitting or restoring to the record any evidence claimed by such re- spondent to have been erroneously or Improperly excluded or stricken out by said examiner.** An expense of over $500,000 was entailed upon Famous Players- LAsky by the previous invoatigatlon of the Federal Trade Commission. This was an expense solely borne by F. P.-K It would not be surprising were Famous to attempt to avoid another half million through a conipromisei It is accepted that the reopening if gone through with will cost Fa- mous as much again. Two New Houses Set for Rochester Rochester, N. Y., April 6. The recent business slump here will not retard two new the.atre projects under way. Maurice West, of Burpee & West, Canadian syndi- cate, is erecting a 1,500-seater to bo known as the Capitol on ICast Main street, at a reported cost of $350,000, while ground has been broken for a 4,000-seater which A. A. Fennevessy Is financing at Clinton avenue and Soxith street. West's house will be devoted to a .straight picture poll«:y. It Is re- ported as an individual venture, Willi local capital interested. Fen- nevc.'^sy'a house will play pictures and vaudeville, the latter booked iiulependcntly. Tho K-A Teinplo may be re- modelled during the summer, for a larKor seating caj):.city. At least ir» oihcr theatre buildiuK projects are beinp i>romoted. but none has reac hed ru tual <"on.«struc- tion stage. MAYRETURN ASH TO COAST Report Katz Wants Leader to Start at Met, L. A» AGENTS' ^'ORIGINAL ' Log Anfreles. Api il G. Harry LIchtlg. of IJchtip anj I'wiirlanib^r, caslin.*? ;ti;cn(.-<. i.'^ Koii'a Xo produce .•shortly nnd m.ike in 'ori^irial" entitled 'llollvuiiod or JMsi." This will bo a .«ix-rerl feature bnsed on I.lclifi^'s pcrsonnl e\p>Mi. t tices in lb>ll\ wood. MANAGERS FIGHT—ARRESTED i-'chene. l.uly, N. V.. .\pril 6. Three tlMMtri.-.-il men of thl.« city were .irie. ted ."^.^tntd v on cliargt.*M (»f ere.ttinp ,'• d i.st nrh;i tic»« ;ts the re- sult of an .'•.It* rc ition In front of the Strand the.itre. On their pleas of not guilty they weie released in b.iil for a hearinp later in p(dice court. The men arc^ .lemes K. Kuilie man- n^or of the Si iienectudy theatres (^en^«'o1l<Ml >iy W. l^'arle^- of .\.ll>nny. -V. v.: Willia 11 M. ^^hir^»y. who was M;e<xr'ded bV U'm lie as manaK^T of r'.iiley s n< i tady the.itre.s, nnd brank H. llicUi-y, cashier at the Albany th'-alre. here. Los Angeles, April 6. According to reports, Paul Ash will probably be brouj^ht to the Metropolitan, Los Angeles, within the next few months to replace Verne Buck. It is said that Publix feel it must strengthen the Metropolitan which operates under kn expense aver- aging from 124,000 to $L'7.000 we^ly. Puck has found an unususl amount of opposition in Kube Vi'oit* pitted against him at Loew s StatSi which house has Increaj-ed iis busi- ness. Sam Katz, according lo reports, will make arrangements to bring Asli to tho Metropolitnn not later than July 1 and fo»* an intb finite en- gagemenL It is figured that Ash has done mls.«!lonary work at Mc- Vicker's in Chicago lonk? < nou»ih and that there are some othf»r links in the Publix chain which ran now i>»* him. Elsie Janis at Champs Elyaees I'arls, April 6. Klsio J mi -, arrionncetl for the Champs Kl.\■ s ni\j.;jc hall last \e;tr. \\ \ \ . pt^.i ,ii ; <-r sketdi next rnenf h 75 F. B. 0.'8 MEET Los AnKolo.-^. Ap: i'. "J- S'^v. iit>-live brnneh m.«na;:ers and New York executiv« s of 1. B- I (>.. held their annual s::b s . < nven- tion here, terminntinu ^^ iili a. >lln- ner daiue at the studio .^.it ndaj nlnht. .losr^ph P. Kennedy, (,y ner. (leneral Sales Manager Lee M.'i<U» and Vice-Presidents KdwiM <V l^ln^^• J. I. Schnitzer and CcU i-i r 1 were present.