Variety (Aug 1926)

VARIETY PICTURES FUGRANT OVERSEAUNG IN R D. CORRECTED BY NEW COMRINE Friedman Together with F. & R.—Fargo, Pop, 25,- 000 with 6,200 Seats—7 Theatres in Town— Mankato Another—Closing Some Houses Minneapolis. Aug. 3. Vhat Ben Friedman, president •f the American Amusement Co.. declares to have been the most flagrant instances of overseating in th« United BUtes will be corrected as the result of a deal just con- summated between the American Co. and Flnkelatein a Ruben. The deal gives F. a R. an inter- est in the American Co^ wbioh, in turn, takes over a new F. a R. the- atre In Fargo, N. D., and another F. a R. house in Mankato, Minn. . The American Co. operates fqur residence section theatres in Min- neapolis, three in Mankato and four in Fargo, so that IS theatres In all are Involved in the transac- tion. Mr. Friedman continues as president of the company. Etoven theatres with a com- bined seating capacity of 6,200 for Fargo (population, 25.000) and four houses with a total capacity of S.COO for Mankato (populatfon 14,- #00, made for a situation that caused big losses to everybody con- cerned, according to Mr. Friedman. The American Co. now will cor- rect the overseating situation by closiiig tome of the houses. DE FOREST CHARGES FOX Wrra INFRINiXMEOT ''Talking Pictures'' Basic Pat- ent Involved'-Theo. Case's Photo Electric Cell Press Agent Sues Rork for Balance of Half Salary Lq/i Angeles, Ang. t. Nat Dyches, film publicity man. through his attorney, Sam Wolf, en- tered suit against Bam Rork. film producer, for $2.S00 back salary al- lei^ed to be due him. Dyches, in his action, stated that Rork hired him to handle publicity and exploitation while he was mak- ing "Old Loves and New." and when the picture was completed asked him to go to New York to handle the publicity on the release. Before leaving, Rork Is said to have asked Dyches to accept half salary for a month or so, promising to pay him the remainder when he had enough money. Dyches worked for six weeks on this arrangement, he says, and then for the next 11 weeks did not receive salary at all. Rork paid his expenses. All this time, Dyches says. Rork was expecting to get enough money to pay him. as he was negotlatlnR for a United Artists release for his picture. This he did not get, releaa- InK "Old Loyen and New" through First National. When Rork and DychCH returned to Los Anneles. Dyches presented his rlalm for money, but the produ- cer would only recognize his claim for 11 weeks work at half nalary, Dyches said in hlH aflfldavit. llo wanted to deduct the cxpcn.se money he advanced, th« papers Htate. Dyches refused to settle on thiri basis and took the matter to court. WUnUAIfS CONCERTS FOR GREAUR n. y. Mayor Walker Arranges for Famous Orch. to Play in Cen. Park Next Season DIFFERENT **ALARMS" A story in the Picture Depart- ment of Variety last week men- tioned "The Still Alarm" an a Rayart Picture. It is u current l^nlveraal release, the ml.stake belnp made Ixcause of Rayart's picture called "The I^ast Alarm." THIRD WEEK ERN8T LUBITSCH'S Dazzling Comedy 'So This Is Paris' and "The Vision" A Master Work in Color Photography TCD MCNKEL AND OUCMeSfflA The DoForest Phonofllm Corpora- tlon and the DeForest PhoiMflkms, Inc., filed suit In U. S. District Court, Southern District of New York, yesterday (Tuesday) against the Fox Film Corporation, Zoe- phone Picture Corporation, William Fox and Theodore Case, charflni: Infringement on four patents owned hy the DeForest Phonofllm Corp. In October, 1122. Dr. Lee DeFor- est charges, Theodore Case came to the DeForest laboratory, exhibiting a photo electric cell which he In- vented and developed for military signaling purposes during the war. This cell, of high sensiUvity and represented as superior to any simi- lar cell then known. Dr. DeForest says, was used by the DeForest company in phonofllm reproduction for the two following years. At this time, according, to the complaint. Ciase had no thought or knowledge of making "talking pic- tures." but later learned the method of reproducing phonofllms through frequent visits to the DeForest studio. Case's development of a record- ing lamp under the DeForest basic patent, which showed "certain ad- vantages," followed, it is alleged. Case and DeForest then entered Into a contract for using the Case lamp and celL Caae. according to the DeForest charge, became Interested In phono- fllm and requested that apparatus for experimenting in his laboratory at Auburn be sent to him. This was done, it is claimed, also several :;ets of theatre equipment which he installed in Auburn for the DeFor- est company. A contract was en- tered Into by DeForest Phonofllms and Case covering a license to uue the photo electric cell In the De- Forest In.stallatlon In theatres. Rights Claimed I.oHt year, the complaint allepres, the Case photo electric cell was found to be Inferior in clearness of rerroductlon In contrast to types with which the DeForest company had been experimenting. The exist- ing Case contract was then termi- nated. Case unsuccessfully tried to renew a contract with DeForest, It is stated. Case announced his Intention of producing the "talking pictures" Independently, and the complaint charKes he has now entered into negotiations with William Fox for the purpose. The complaint is based on the charge that the DeF'orest Phono film Corp. is owner of the basic patents covering the method of re- cording talking pictures. The pat ents alleged to be Infringed upon are DeForest patents 1446247, 1446701. 1482119 and Rels patent No 1473976. which the DeForeHt com pany owns. Samuel E. Darby is counsel for the romplalnanta. The DeForest Company have niailo arrangoMients to use the new tlicatio Hearing conipletion on 50th street near 8lh avenue for their Phonol'ihns on Sunday.s during the winter. The opening bill will he "Sieg fri(Ml." the Tfa special which has been made with a IMionotllm niu sii'jil ucconipaninu-nt of ILT) orches tv:\\ l.,le es. Paul Whiteman's brand of synco- pation as a rnvnlclpftl institution In Greater New York la assured by Mayor James J. Walker, starting with the new series of park con- certs next spring. Mayor Walker has suggesied, (nad Wkltoman bas agreed) to have Um fo r emost Amer- ican dance mnsle exponent give a fall series of eonesrts next season. The performances will come from the Central Park mall and through a s y stem of radio m lcr op l iens s and MagnaYox loud speakers crery city park In New York wUI iMire the music reprod uc ed. It win mean the ▼isltors to P ros p e ct Park In Brook- lyn or Van Oourtisiid Park fai the Bronx will he*r the music Tia the ''mikes" simulUneously with White- man's renditions In person In Cen- tral Park. It win also mean an elimination of congestion in the one big park, as would naturally result if White- man played only for the edIAcatlon of Central Park auditors. Sunday afternoon, Aug. 1, White- man gave a concert in Central Park as a welcome home tribute to the city. For the llrst time In many seasons Whiteman was also on the radio. The city's station, WNTC. broadcast the Whiteman syncopa- tion. From a showman's viewpoint, this concert Is corking adyance heraldry for Whiteman when he starts Sept. 1 on his Publix picture house tour. The opening date is set, but not yet BO the opening stand. Abnoxiout Guests on Studio Sett Fordng Studios to Deny Admission • I^os Angeles, Aug. J. Why picture studios on the West Coast are frequently compelled to put up the bars against visitors on the lot was given a striking dem- onstration at one of the new studios. A few days ago a railroad offlclal so far forgot himself and made him- self so obnoxious while visiting on one of the stages where a very young female star was at work, that stringent rules were Issued placli^ an embargo against all visitors in the future. At the request of a downtown theatre manager, the courtesy of the studio was extended to the railroad offlclal and his party. They were permitted to go on the set where the young star was engaged with a company of over two hundred people. Standing close by. the railroader and his friends began passing audible remarks concerning the looks of the star, her make-up and the way her hair was bobt>ed and other uncomplimentary and even Insulting remarks. All of which were heard, not only by the star but by the majority bf her company. The young woman was so upset by the rudeneos she was compelled to stop and the next day it was necessary to reshcot practical- ly all of the scenes of the preceding day at an estimated cost of around %4,t09: The embargo against visitors followed. This Is only one instance of what studio officials and some more of the players and directors have been forced to put up with. It Is becoming more dilllcult daily for outolders to secure admission to the sets. The tourists have only themselves to blame as heretofore the latch string has always been out and every possible courtesy shown visitors from other tor^ DMY CHANGE FILMS ON ARMY TRANSPORTS First Trial with 'Cambria' Out of Frisco—New Film Aboard at Canal Zone Actor Wilis $40,000 L»OH Anpole.*', Aug. 3. (;?»)urtiuy I'oole, staKe and floreen Jictor, who died lant year in Home Italy, left an estate vjxlued at $40. 361, to be divided ei|ually between his fnthor and mother, Mr. and Mrs. la. W. Foute of Lios Ant;eles. WadL Moaccrs Rehse Arbitntion friA Operators Washington. Aug. X Though the local picture operators' unions offered to arbitrate the new wage scale demands to become ef- fective Sept. 1. the managers' asso- ciation turned the proposal down. A- Jfilian Brylawskl. heading the managers' conunlttee. Informed the union delegation that more appli- cants than could be cared for had applied for enrollment In the oper- ator school established here two week ago with a |10 entrance fee. Keports also have it *that musi- cians, including organists, are be- Tiff lined up in case of a sympathetic strike, should the controversy be carried to that point. Arrangements for stage hands are also being made, it is stated. Twom^-De Mam's Takn Lawrence, Mass.. Aug. 3. Acquisition of the Twomey-De Marra chain of theatres here by the Empire Amusement Co. has given the latter additional strength as an amusenMnt factor. The recent purchase Involves the Fmplre, Palace, Premier. Star and Colonial. With the same interests also operating the Broadway, this gives them six local houses In all. Reproducing for ''Map'' Film, Battle of Arcole Paris, July 30. The Interiors of Abel Gancc's super picture, "Napoleon," are com- pleted and the producer Is leaving for Toulon, where the battle of Ar- cole Is to be reconstituted, with 4.000 supers. The plcti^ Is being made for the Soclete Gencrale de Films. M. J. Falvre, producing manager for First National in France, has renlKned after a year's service with that corporation here. Viula Mayer, organist, is featured at the Gaumont Palace for August, with A weekly change of picture and a couple of vaudeville acta. Peggry Prevost Marrying Ed Holiiday, Actor's Son Los Anpcles, Aug. 3. Marguerite (PeKgy) I'revoHt, hIh ter of Mario >*rovost and herself n film artreKS, announced her engage ment to I5d Holiiday. son of Jack Holiiday, New YoiS< legit nctor. The niarrlage will take place e.irly in the f.ni. Holiiday Ia connected with a ra die firm hcie. Washington, Aug. 3. The army transport "Cambria" has been equipped with a complete picture projection apparatus as an experiment hj the War Depart- ment. The "Cambria" Is to leave San Francisco Aug. 14. It will carry enough films to make a daily change as far as Balboa, Canal Zone, where other pictures will meet the ship for use on the voyage to New York. Films for the return trip win be secured in New York. If the experiment meets with ap- proval, an extensive distribution plan will be worked out to give those on board the transports the latest releases. ACQUIRES HOUSTON GROUP will Horwitz Becomes Head of Ists Theatre Co. Houston, Tex.. Aug. 3. Will HorwitB, manager of the Texan, Iris and Ritz theatres. Sat- urday acquired control of the Isis and Uberty theatres, picture houses. Al Lever, manager of the Isls and Liberty for the last three years,, will remain in that capacity for the present. The Isis and Liberty were oper- ated by the Isis Theatre Company and Horwitz will be directing head of this organization. Horwitz went to New Orleans, where he con- tracted for "The Volga Boatman," "Up In Mabel's Room" and "The Lady of tho Harem." LDBITSCH TO MRECTFOR FAMOUS German Signs Long Term Contract—^Warner*' Two Ernst Lubitsch yesterday signed to direct for Paramount. He affixed his name to a long-term coi. tract with Famous Players-Lasky Cor- poration under one of the most im- portant recent agreements In mo« tlon picture enterprises. Jesse L. Lasky announced that the contract takes effect Immedi- ately. Through B. P. Schulberg, asso- ciate Paramount producer. It be- came known that Lubltsch's con- tract obligations with Warner Bros, have been fully recognized and amicably -arranged. He will nufcke' two more pictures at some future date for that concern. "We have already discussed tenUtively the director's first great production for us,' said Schulberg. "Until it Is definitely set the details will not be announced." News of Lubltsch's affiliations with Paramount caused consider- able stir In the film industry. 12.Year Old Girl Said Man Annoyed Her John S. Hanson, 42, 18 West 25th street, writer, was exonerated of a charge of disorderly conduct when he was arraigned before Magistrate Oeorge W. Simpson In West Side Court. Hanson was arrested on com- plaint of Mrs. May Hilton, mother of 12-yenr-old Mildred, 1200 Madi- son avenue. The girl said she was seated in the Capitol theatre July 21 when Hanson borrowed her pro- gram and after he had perused it handed it back and then pinched her hip. In court the girl denied Hanson had pinched her but he had touched her on the hip with his hand, it was after the writer left the the- atre that Mrs. Hilton followed and caused Hanson's arrest. Hanson vehemently denied he had touched the girl, and said he was aston- ished when the policeman ap- proached him and placed him under arrest. After Magi.strate Slmp.son had heard all the evidence he said he was satisfied that there had been absolutely no act of disorderly con- duct and dismissed th complaint. P. D. C'S BOARD The new board of directors for tho Cinema Corporation of Amer- Ic.n, the holding company for the Producers' DintributinK Corp, and the DeMlUc-Metropolltan Pictures Corp., was formed within the last few days. Elected as directors were E. F, Albee, J. J. Murdock, Marcus Hel- man, B. S. Moss. Maurice Good- man, F. C. Munroe, Cecil B. r>e- Mille, Nathan Burkan, Oscar M. Bate and John C. Flinn. The board organized with Mr. Muiirue as president and Mr. Bate as secretary, while the executive committee comprises the Messrs. Munroe, Flinn, Murdock, Heiman and Moss. BUYS "DANGER—GO SLOW" A Sinclair Lewis story called "Danfifer—CJo "K;iow" was i>urcha«od last week by Prod hirers' Distribut- In.a: Coiporatlon. The 5tory wis \Mitten siid pub- llaliCd in laiO. Lafayette Playing Vaude Buffalo, Aug. 3. The Lafayette does not intend to cut down the vaudeville portion of its picture house program as re- ported. W. A. Haynes. managing director of tho theatre, says he has just re- turned from New York, where he purcliascd a lar^je assortment of e<inii)ment and effects to surround the vaude of his shows to the best advantage. The I..afiiyette'a playing policy of pif turcH and acts will remain un- changed, states Mr. Haynes. SHINE'S 'AUTUMN FIEE' John L. Shine has acquired the Amo^ic;^n rights to ' Autumn Fire," an Irisli drama by C. T. Murray orifirln.vlly produced In London. Shiiu intends prolertiiifT himst lf .T.M st.ir of the piece here next sea- 1 oM.