Variety (Nov 1926)

Wednesday, November 84, IMt WEST COAST THEATRES CASE ORDERED BACK BEFORE FED. COM. PICTURES VARIETY Mction to Dismiss Denied—Comm. A. F. Mvers Would Sift Ca— to Set Precedent—Eitpect Thor- ough Investigation^—^Attorneys Surprised Vafiftty Bur«au, Washington, Nov. 28. The West CoaHt Theatres cr ? before the Federal Trade Commis- sion has been orJcred )y,\ck for trial. The rtsolution adopted. by the comniisBlou ordoring thiH ac- tion hrm left the proceedlng.s open to such an €-xt«'nt as to indi<»ate that the Investigation will go deep Into tlio actlvitlea of tho theatre Ci mpany and Its associates. During tlie final hearing. re- ported in Variety last week, it was clear* then that such action ^would lu" taken. It was also evident thai the turn in events came as a sur- prise to attorneys for. West Coast These attorneys are headod by Briiro T^r(»mley. known h"re through his conneciion with the Famous Players-Lasky cat© before mis •ame commission. In ordering the case back for trial not only have the comm'saion- crs' denied the motloii to dltmlss as presented by Ouy Mason, West Coast rounrel. on the interstate comnterce phase, but the action «:ar disapproves the atlpiilatlon* over which there liaa bioii io much controversy. These were referred to by Com- missioner Nu;!:ent at th^ hearlniir as brini,' "clear as niud." The alleged "power to oppress*' as retained by West Coast, through all contracts that built up that power have been abrogated. Is now the principal point upon which Commissioner Abram F. Myers in his opintoa. dweUa. ' Commissisnor Mysrt' etatsmsnt In this regard CMunissloner Jllyers states: "It would appear reasonable to sry that where persons have ac- quired tho power to oppress others for the purpose or with the Intent of exerting such oppression, or having such power, Imivo actually used it to oprress others and still retain the power, and the oppres- sive measures have not been so long discontinued as to wholly negative the Inference that Fnmo may be resumed once the possibility of Oovernment action 1 removed, It Is proper for tlio commission to proceed under the act and with a . view to Insuring the observance of fair competitive methods and sound prtictloss in tho future/' This Is In direct answer to th** admission of certain alleged Illegal practices which, however. It was claimed had been discontinued. Again. on the question of •'power," Mr. Myers polnU out that the Influence of West Coast *s so great that It can exert upon the business of leasing films such In- fluence that by throwing its pat- ronage to any one distributor I*, can cause that distributor lucrative re- turn.s In Californl.n. Not only is the Myers opinion of particular import In the West Coast case, but, in its adoption by the conimisfllon. U> the entire in- dustry from the inter state c om- • merce phase. T^^Wtmm ■ On this phaso Mr. Myers points out that material is on hand to .uf- flclently allege that respondents ore engaged In leasing films from distributor.^, and producers In oth'.r stat<>s, which are shipped to Cali- fornia. "; The Binderup vs. Paths Bxchange decision of the United States Su- preme C<»urt is here, used i » giving the commission Jurisdiction with the consequent overruling of the motion to quash. Case as Precedent Mv. Myer.s points out that Sec- tion 5 of tlie Trade Coinmis.sion Act is broader than the rulo In equity and reads: Wherever llie Comrnissinn shall have reason to believe tliat any such person. partncr.Mhip, or cor- poration has been or is using any unfair method of competition ... It shall Issue ... a com p laint The far reaching effect of t^•s proceeding upon the entire Indus try is further evidenced in Mr. Myers statement that t:.s present cases appear to require a determin- ation on thi^ merits in order thnt ?Mj W^nto Smi3^ Coftking Circuit West Kansas City. Nov. 2G. A pltm is under way fostered by the manngers of the Publix theatres here ard in Denver to build up a rmall booking circuit in cities In this territory for the playing of a number of acts that may be utilized 'v. their ^.i'*s in addition to the reg- ular rotating Publix l*rei:entations. It Is understood both Topeka and Wichita are being sought as two of *he stands which will make It pos- ible for the Denver and local man- ager here to offer an act tlm^ In n<*.dltlon to what it will receive In the houses playing the straight P'.'hlix po'icy. The attempt to hook up posalMy "ix or el.'^'it wo-^ks of houses In the •^■mall cities l-etwc'. n this point and Denver Iiaa started a report to the effect that PuMIx Is sseklng to build a Junior I'ublix circ uit r nd that the big presentations would be "ut ('own for the-^e houses. That Is not the case. The plan »ls to give a'idlt'onal work to such acts that may be picked up locally, or In Chi- crgo as added attractions to the pvesentatlons and to route them, the jnoT>o . f'juriT'T that with i cir- cuit of six or eight weeks to offer they will 1*9 able to attract a better class of material for thfir W(mien'8 Chibs Piretest • Bedrooms, Smoke-Drink Fullerton, Cal., Nov. 23. At the conclusion of the three- day conference of the Southern California Federation of Women's Clubs, a decided stand was taken against bedroom scenes In motion pictures and racy stories in maga- zines. A list of the protests is to be sent to Will H. Hays and owners of national magaxinas whteh print 3uch stories. The resolutions protesting bed- room scenes in pictures also lin^ up against pictures sho«irlnt Ing, drinking and crlma. S. R. Kent Better S. U. Kent, general manager of Paramount, operated on 10 days ago at Harbour Hospital, Is reported leaving there either today or tomor- row (Thursday) to return to' his home. After a few days he will go north for a bout ttPO wMka t* re- cuperate. Kent had put off having the operation for the removal of his appendix for months althiMisli suf- fering constantly. BORIS KENTON WOBKINO Los Angeles, Nov. 2S. Doris^ Kenyon, taken III tn New York following her marriage to Mil- ton Sells, has arrived here fully re- covered and will begin work at First National studios <NI **Tli« River." COTTON AS ADMISH TAP Binger, Okla., Nov. 23. Cotton at 16 cents a pound was taken at the box office of the Rano* ra theatre here last week. Over a bale was near the box of- fice before the show opened. Moreno With Connie Talmadge Los Angeles, Nov. 23. Antonio Moreno will be opposite Constance Talmadge in ber next picture for Fiist Natitmal. 'I'bis is to J>e titled All Night." MMrshnll Nei'an directing. Work will start this week. the distrlhutors of motion picture films may have rules for their fu- ture guidance and unfair methods may be avoided. Also does the commission. In niinpftng Mr. Mvers* oAlnlon. make 2 Buffalo Gegs Buffalo. Nov. S8. Tiie bwitch to high-class lea- tura fllMs at tlis Lafavette Square this season has caused considerable confusion among Its former patens, a large pro- portion of whom eome fMinf the foreign element of tht town. Two stories are gi»ing the rounds as to the tot^ii los«i of high-priced features on the clientele of this house. Dur ng the recent rv of "Tho Fo." Horsemen" (reissue at the La- fayette, two young Blast Side 'i)loo<ls" were observed study- ing the "Horse" poster in front of tho theatre. *'Waddyuh say.*' inqulrad one, "shall we lamp it?" "Nix—never did like them racing pictures anyhow.*' When "Stella Dallas'* was playing the box olTlce was paged by a fair young tiling on the telephone Inquiring the name of the attraction. "Stella Dallas," Informed the attendant. "Oh, yes, I know," relayed the miss, "but what's she playing In this week?" IC no good, page New Orleans 0.11. SEmm OF UNION DEMAND MY BE REACHED IN TIME IGO OFF ROACH PAY ROLL IM TWO WEEKS Priscilla Dean 2-Reeler Aban- doned—Technical People Mostly Laid Off Los Angeles, Nov. 21. More than 109 peoplo have been taken off the Hal B. Roach payroll within the past two weeks. The Roach Studios, It is said, will be Inaotlva tor the next few months due to the fact that the company has practically completed Its li^J6- £7 product The Roach unit was to have made an all-star two*rsai picture with PrlsclUa Dean head- ing the cast, but this was aban- doned. It Is also likely that Mabel for eight pictures to be made be- fore Jan. 1$, will be cut to six, with tha final pictura to go into ptoductlon next week. Miss Nor- mand has already made five pic- tures since last August, when she started. Most of tha peopla laid off re- cently were cameraman, writers and technical staff. Conferences Started This Week—Individual Film Producers in Them—^Beetson in New York; Con* fers With Hays TacomaV Mgr. Ass'n With Own CaiDcraiiieD T{»r'oma. Nov. 28. New oft^cers of tha Ta;H)ma Theatre Owners and Manatrem Association, representing every the- atn* in the city, havint; been elected as ToUows: H. M. S. Kendrick, man- ager local PantageS theatre^ presi- iSnt; H. R. Burg, vice-president: T. it')bert McKinneii. secralary: W. JS. McNeish, treasurer. All the houres display a blue ani gold plate in the box o*^ce sli^nlfv- ing their connection wltli the Asno- ciation. It Is understood to be the only one of Its kind to hava Its aiwn can)praman covering local even's exclusively, tho cost defrayed by the five first-run houses. The fl!ms are later supplied to thf" nei^'hborhOOd thaa||PMir WlthOtUt charge. 'FIREMAN, SAVE MY CHILDr F. P. Starting Fire Picture With Beery Featured in March Los Angeles. Nov. 23. Now that Metro-Qoldwyn-Mayer has turned out a picture called "The Fire BrMda,** Pafnova Playars- T^sky will kid the Idea a bit with "Fireman Save My Child." John Ooodrlch is going to write the story and Wallace Bsiry is to be starred. ProdUctlMl irtll ptart In March. 2 SiBiit Mm 'Get It' Los Angeles, Nov. 23. Two Hollywood stunt men were badly Injured In accidents In the same day. Joe Torrllo, auto racer, substitut- ing for Reginald Denny In the film- ing of Denny's newest Universal pic- ture, received four fractures of his right leg when his racing auto over- turned near Monterey. Fred Osboma, stunt iviator, took a ISO-foot plunge off Huntington Palisades, near Santa Monica, when a parachute failed to open as he rode over the edga of tha ellff on a motor cycle. Both men will recover. it clear that by reason of great power attained through ownership of theatres, acquired though they may be In perfectly lawful manner. the rommissiftn must provide- against an unlawful use of that respondents, their competitors and power in the future. OUntKB AT HOME James R. Quirk, tha edlt<>r and publisher of "Photoplay'* and his bride, the screen jtar, May Allison, who were wed at Santa liarbara. Cal.. Nov. IS, are due in New York today. The wedding was the cul- mination of a romance of several years. "Phay will make their home at 71 Central Park. West, New York, af- ter their arrival. Home for 1 Meal? Los Angeles. Nov. 23. Louis Cohn, Famous Players real- ty man who luui been In the north- west for the past 10 months, has been granted permission to be with his family In New York for Thanks- ttving. He arrivas in NMf Tark to- morrow. On the same train will be Jack Gilbert, Metro-Uoldwyn- Mayer star, and Walter Wanger. EATTOV AND COHTRACT Chicago. Nov. 23. Raymond C. Hatton, Famous Playsrs-Lasky comedian, withdrawn from "Casey at the Bat," passing through with his wife and manogor, will call on Jesse Lasky In New York on Wednesday. The latter will receive a request that Raymond's contract be straigh- tened out so that it win be agree- abto or that M h* fiiiiiMd fMih It U'S NORWEGIAN OKAY Los Angeles, Nov. 23. Universal has reealvsd favort ■* action on Its request that tho Nor- wegian Government co-opemte witli it In production of a photoplay based on the Mistia dt s eo vs ry of America. Work will start during the winter. MISS MASON BREAKS TROTH Los Angeles, Nov. St. Shirley Mason, screen actress, an- noun«;es tho breaking of her en- gagement to wed Harlan Feiigler, auto racer. The couple were en- gaged last spring and planned to be married tliis fall. MisM Mason declined to state her reasons. 7ILMIN0 NORRIS NOVEL Los Angeles. Vov. 2^. Metro-Goldwyn-Mayer has pur- chased Kathleen Norrls's "The Cui- lahans and the Murphys" for rnrly production. ^ieorge Hill will handle the mega- phone on this one. NO PATHE-P. D. C. CHANOB The situation in rsfard to tlie merging of the Producers Distribut- ing Corporat'on and Pathe remains unchanged up to yesterday. There is being continued a series of con- ferences looking toward the finding of a basis on which the two or- ganisations can get together. Wanger Coming East Los Angeles, Nov. 2S. Walter Wanger, general {produc- tion manager for Famous Players- T^asky, in enroute to New York af- ter a four weeks' sojourn at the West Coast studios of his organ- ization. Accompanying him are .Tosepli llergesheimer and II. L. Moni^en. N. Y. to L. A Arthur W. 8tet:4>ins and family. i'.opart Roger.s. O. O. Mclntyre. L. A. to N. Y. W.tltt r Wanger. Joseph llergesheimer. II. Is. Mencken. Erwin Oelsey. Jo** iV^cU. Jessie Wadsworth. Paul fUilIok. "Willie nothing new had developed in tho pr»>spcttive strll<e situation among U>e motion picture studios and p!ants on the west coast up to yesterday, there were surface indi* cations that the producers, especial- ly as intlividuiils. were taking stei>a to adjust matters before midnight, Nov. 30, when the unions a furled say they will quit work, going on "strike." Within the past few days a num* ber of producers with main oflloes in New York but whose studio ac- tivities are confined to the west coast, have discussed the conditions in New Yoik with William V. Can- avan, president of the stage hands and operators tmlon, and the dif- ferent representatives of the com- bined Working trades Involved In the threatened strike. Meanwhile, the picture men have opparently taken some definite ac- tion toward heading off the Call* fornia walkout. eeetson in Now York While Will H. Hays has asserted that thf laws of his orgnni7.atii»n tie his hands in assuming charge per- sonally of any effort to settle the de* mands of the combined labor craft* Fred W. Heetson. secretary of the Association of Motion Picture Pro- ducers of California, made a nurry up trip to New York. Mr. Beetson has l)een in almost daily conference since his arrival with the Hays ex- aautlves and the producers as;«o* clnted. Jesse I.,asky Is also in New York, coming east to attend the opening of the new Paramount ttieatra. Aa Mr. T^sky is one of the bi.'jgest producers affected by the present labor ultimatum on the coast, he Is expected to have much to' do with the nnticlpated settlement of tha combined union demands. Monday and Tuesday all kinds of f inferences were, being held and all kinds of rumors were afloat, with a well defined strata of belief th^ big strike will be darlfled at tha eleventh hour. * President William Canavnn of the I. A. said the status remains unchanged up to yesterday. Csn't Stsrt in last Within th<' 1" 8 hours a repo^-t gained credt i that the labor iMilOAs wotild first strike a body * (Continued on'page Ity CAPITOL* BROAI>WAT Pr«a«ntfitton by MnJ. KDWARD liOWBS iiMii Airraiiia naaffat-agMti Aatm A f'oHiiiopoMfnn Production A Mctro-HoUlwyn-Mnyrr IHcf uro CAPITOr. OHANI> (*ItCHKSTIlA BROADWAY •t 47th ST. SMARK rv TR A N LI 'The BLONDE SAINT" with MCUIH HTONK—IN>KIM KKMON VINCENT LOPEZ (Himself) Aa« Wm Ch»k U>m OBCHEflTmA LOEW'8 STATE and METROPOLITAN B'wsy at 46 St nrooklyn RICHARD DIX«. AkV«7J^c.> VA I'PKVir.LR- NEXT WEEK at the ST ATI In P»rsoa 41 GENE TUNNEY fhaplin VITAPHONl n. H. Mojs f^oiony Th«a.. 0'way a Mrd. IfntH &0c.. TSc, fl—SRt.. Huh . unit MolU day-, ru.- ' »' - f. I •■• >. ' " $2, W.irii. f ru-n . irwajr a f.»ti4~ J:30-<:3« .\fatii. noc, If.i'. tl-.^at.. .Sim und Hnlt- tfir. to t:'«*f. Mc. to It