Variety (May 1926)

VARIETY PICTURES Wednesday, May 12, iggg PICTURES' WHIRLING RACEAROUND TAKING IN SWEEPING FORMATIO NS WITH BANKERS BEHIND PAT POWERS IS 0.0 BY PRICE First National Combination of Theatres May Reach to Pacific Coast, Taking in Other Circuits En Route—Keith-Albee and P. D. C. with Many Side Possibilities—Saenger Company Yet Unheard From—North American Theatres Has Indirect Connection Developments In the past week in the picture producing and ex- hibiting field have had the industry veritably on its ear. The combina- tion of the First National franchise holder operated houses with the holding: of its initial booking: meet- ing in New York Is replete with significance. The combination rep- resents in the merger some $80,000,- 000. It is understood that the the- atres coming into the combination will bring their owners 60 per cent, in cash and 40 per cent, in stock of the corporation that is to bo formed to handle the circuit. As against this development the deal between the Keith-Albee-Or- pbeum circuits and the Producers' Distributing Corp. was also com- pleted. It was reported that the Keith-Albee organization joined with P. D. C. without any consider- able cash consideration. This, how- ever, has been denied. The affilia- tion will give P. D. C. a first run outlet for its product and it will assure the Keith-Albee-Orpheum houses of a supply of picture product. There were rumors during the past week that the Palace, New York, would have its policy changed next season . to tnree-a-day and play a picture in conjunction with its vaudeville and thus enter the ranks as active opposition to Loew's State, which is but two blocks away, or retain a $1.50 top scale and bill "six big acts." With the affiliation of the Kelth- Albee-Orpheum interests there will be an outlet for P. D. C. production in about 400 houses over the coun- try. This affiliation, it was stated by one of the executives of the P. D. c. organisation, is the first step (Continued on page 21) F. P. FILES ITS EXCEPTIONS TO TRIAL Commission Will Pass Upon Them—No Time Limit Set Too "Good" to Last; Bruce Mitchell Now Ex Los Angeles, May 11. Bruce Mitchell, former head of the Bruce Mitchell Productions, who was asked for an accounting recent- ly by disgruntled stockholders, was sued for divorce by his wife, Mrs. Carolyn Mitchell on charges that he drank. "He would get a good Job, then a good Jag, then he wouldn't be any good," Mrs. Mitchell testified. She got the divorce. Variety Bureau, Washington, May 11. Insisting upon all exceptions noted in the record and submitting same to the Federal Trade Commis- sion for "consideration and final de- cision by the Commission" counsel for Famous Players-La/rky, and the others named in the complaint, have filed a "Bill of Exceptions" to- taling 292 pages with the individual exceptions running Into the thou- sands. It was upon these exceptions that Robert T. Swaine, counsel for F. P., devoted his entire argument during the final hearing on the F. P. inves tigatlon wherein the government is attempting to sustain the charge against the picture company of at tempted monopoly and restraint of trade. Mr. Swaine claimed these excep- tions support his contention that F. P. did not have a fair trial. Follow- ing a preamble wherein the case Is reviewed, the picture attorneys state: "For the convenience of the Com mission, respondents herewith pre- sent most of their exceptions made upon the taking of the evidence herein wh^re'n the trial examiner excluded evidence offered by the re spondents, struck out evidence in troduced by them, or overruled their motion to strike out evidence intro duced by counsel for the Commis sion, said exceptions being classi fled under general headings with rcsjiect to the subject matter of the testimony involved." The evidence which F. P. is now asking be considered touches first (Continued on page 15) So. Amer. Presentations Washington, May 11. South American picture houses are going in for presentations on an extensive scale with the newly opened theatre, Nove Odoon, In Rio de Janeiro. The house seals approximately 1.000 and Is scaled at $2.85, top. FLEW UP SALARY An ace among the stars of one picture concern found himself with greatly Increased di awing power ar?d a. $500 weekly contract with some time -to run and no sympathy expressed by the employer. Knowing further verbal per- suasion would be useless, the star made It known that he had developed a fondness for aerial planeing. He went up a few times and then said it had become a craze with him —he had to live in the clouds. That sent a panic over the main works. .When calm reigned once again the film comedian held a new contract for $2,E00 a week and a slid- ing scale upwards, provided ho didn't go up himself again. TOO MUCH PUBLICITT- TAKE COMPETITORS' N. W. M. P. T. 0. A. Makes Other Protests—Wire to Will Hays on Contract Minneapolis, May 11. The Northwest Motion Picture Theatre Owners' Association, in convention here, attacked monopoly In pictures, exaggerated publicity for screen stars, and "fake com- petitors who compel exhibitors to buy them out." A telegram was dispatched to Will Hays protesting against pro posed changes in the standard film contract. The organization went on record refusing to buy pictures on other than the agreed standard contract and refusing to submit to arbitration on any other contract. Charges were made that small communities were being deprived of popular pictures by distributors' efforts to reserve big hits for road showing after first run rights have been purchased. W. A. Steffes was re-elected pres- ident of the organization. Statement Everything Is Serene Around A. E. Whatever Internal differences ex- isted a week ago in the Associated Exhibitors seem to have been ironed out during the last few days. That is indicated in a statement Issued by Oscar Price, president of the A. E. corporation. It is possible that the financial Interests behind the organization managed to wield the whip hand in such a fashion to bring those jump- ing over the traces into line. It is said that P. A. Powers is to return to the coast shortly and will supervise the studio operations and likewise keep an eye on the making of the Von Strohelm production and the Neilan picture to be released through Famous Players and in which he Is Interested. The price statement issued yes- terday said: "Oscar A. Price, president of As- sociated Exhibitors, made formal announcement today that there had (Continued on page 16) "BEN-HUR" LEAVING COHAN FOR EMBASSY Moves May 23—Stop Clause Reached—Will Have Done $325,000 on Cohan Run "Ben-Hur" la to end Its engage, ment at the Cohan theatre Saturday night of next week (May 22) and move to the Embassy theatre for a continuation of the run. At that time tbp picture will have had a run of approximately 20 and tt half works to a gross business of almost $325,000. The contract at the Cohan pro- vided that when the picture fell below $14,000 in gross receipts for two consecutive weeks, notice to Vacate could be given. Week before last the take was $12.3G2 and last week $11,110. The move to the Embassy l a o no that the Loew people were desirous of making aa it will place the pic- ture in a house that they solely con- trol and where it can run along to business of $10,000 weekly for an Indefinite period and show a profit for both theatre and picture. The Embassy has but 600 seats as against the 1,000 at the Cohan. Next season there will he 10 com- panies of "Ben-Hur" on tour. As a play it earned its greatest money in the smaller cities and towns and it Is believed the picture will dupli- cate. May McAvoy Opposite Ray Los Angeles. May 11. May McAvoy has been chosen by Metro-Gold wyn to play the lead opposite Charles Ray in "The Fire Brigade." DE MILE SAYS P. D. C. CREATING STARS-NOT BIDDING FOR THEM MAY FIGHT FOR 'KONGO' ON SCREEN Hawkins Restored as Counsel in F. P. Case JACQUELINE LOGAN S FUTURE Los AnKeles, May 11. Jacqueline Logan has left for New York and Paris with Robert Gillespie, her husband, for a six weeks' vacation. Before leaving Miss Logan declared she was un- decided whether she would return to picture or not. After the trouble Miss Logan had on the Fox lot, when she was given her release after having started in a picture, producers have not been very forward in of- fering contracts to her. JAP STAR VISITING Los Angeles, May 11. Yaeko Mldzutani, Japanese stage and screen star, has arrived here for a month's study of the film industry. 8he was accompanied by Chlkushi Mldzutani, her brother-in- law, who is In the Japanese Min- istry of Education. They are stop- ping with Sojin, Japanese character ac tor- Wash ingion, May 11. Following Variety's exclusive story last week that Gaylord R. Hawkins had been relieved as coun- sel In the Famous Players investi- gation by the Federal Trode Com- mission, Mr. Hawkins was restore-.! to his capacity as the commission'.s counsel in that case. The restoration was confirmed to- day. Another peculiar phase of the en- tire matter Is that some of the Democratic commissioners on the Federal Commission did not know of Mr. Hawkins' transference out of the F. P. action until reading It in Variety. It Is said to have started a commotion in the com- mission's offices here that only ended when Mr. Hawkins was anain given charge of the proceedings. It is not denied that Mr. H.-vwkins, long with the commission. Is more conversant with the show business and especially the picture branch than any executive official asso- ciated with the forces of tho Gov- ernment. Metro-Goldwyn-Mayer will make an issue of the banning of "Kongo'' for pictures, as that firm desired it aa a special vehicle for Lon Chaney. It is reported greatly dis- appointed at the Hays barring edict. The Hays position is that if the bars are let down for "Kongo," it would mean that other firms which have fought for "White Cargo," "The Green Hat," and "Rain," wo.ilJ renew their efforts to have them released for pictures, something which Hays has steadfastly refused to consent to. Convention at Lot Angeles — K-A and Orpheum Affiliation Mentioned by Frank Munroe—'Motion Pictures Will Never Die 9 —De Mille Goulding Directing Comedies Los Angeles, May 11. Alf Goulding has been added to the Mack Sennett staff, to direct short subject comedies. JessePs Services Claimed; Sherman Asking for Order George Jessel/, and the Warner Brothers, Inc., have been served with summonses, but no complaints as yet, in an Injunction and dam- age suit by Harry Sherman, who claims a written agreement for Jessel's film services for five pictures. Jessel waa to ha . e done "The Cherry Tree" for Associated Ex- hibitors' release as the first pic- ture under Sherman's management, until signing with the Warners for "Private Izzy Murphy," a forth- coming screen production which will mark "The Jazz Singer" star's film «riebut. Sherman Is represented by Ben- jamin Barondess. P0LA NOT GOING Los Angeles, May 11. The European trip planned by Tola Negri, between pictures, was called off definitely because of the illness of Mrs. Eleanora Chalupez, mother of the actress, who is too 111 to travel, is is said. She Is resting at a mountain resort near here. Los Angeles, May 11. The keynote of the Producers' Distributing Corporation Interna- tional Convention held here last week was sounded by Cecil B. Dc Mille, who stated his organisation waa striving to create its own stars instead of Invading the ranks of other producers and starting a competetive warfare. He said the purpose of the organ- ization was to sell Itself 100 percent through the bringing out of new stars with novelty and variety In pictures. De Mille utilized a greater part of one of the three days set aside for business sessions in the Ambasa- dor Hotel. He-declared during his talk. "Movies are dead; motion pic- tures will never die," He stated that the public were not fools nor morons, and that the sloppy, obvi- ous movie entertainment has passed out because the public de-e* ard will continue to demand that they be given consistent logical and un- usual drama. Frank C. Munroe, president of the organization, spoke of the distribu- tion tie-up made with the Keith- Albee and Orpheum interests, which would allow distribution of the product In centers they have not been able to reach before. He in- formed those present that ho and General Sales Manager W. J. Mor- gan were going to remain here and get Dc Mille's views # on the new tie-up that had been made by John C. Flinn in New York, and then they would go to that place to take up the matter of handling product by their new affiliation. Munroe explained also that on ac- count of the K-A and Orpheum tie- up that the regional meetings which had been scheduled to follow the convention here were cancelled, so far as home office executives would participate in them, and stated they would be held by the respective dis- trict managers in their territory. All of the supervisors from the De Mille and Metropolitan studios attended one of the sessions and explained the stories that they In- tended to interpret for the screen during next .season. Those who spoke were C. Gardiner Sullivan, Bertram Millhauser, Elmer Harris, Beulah Marie Dix and Jeannie Mac- Pherson from the De Mille plant, and Jack Cunningham, F. McGrew Willis and Will Rltchey from Metro- politan. William Sistrom, general manager of both studios, also spoke. Sales Manager Morgan announced that it was the policy of the organ- ization to make promotions from within its ranks and that of 17 new branch managers the company had, 15 were former salesmen. Mochrie's Salesmanship The C. B. De Mille perpetual tro- phy, which is a placque and given for the best sales record, went to Robert Mochrie, former manager of St. Louis, who is now in charge of the Pittsburgh exchange. The prize for the salesman with the best rec- ord of 1926 was in the form of a wrist watch and went to Clarence Phillips of the Chicago office. Harry Lorch of the Chicago office got the manager's prize for best record In inducing accounts to properly ad- vertise, while H. Walker of Okla- homa City got the prize for his un- (Continued on page 36) F O RV M f L■ 1 ■ ANGELES ; ■ v. ———^ 1 » NOW ' LILLIAN GISH r and JOHN GILBERT in KINO VlDOR'S Production la Bobeme" A Metro-fioldwyn-•»■>'' Henkcri Orchestra