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Wednesday, November 2, 1927 PICTURES VARIETY AUTHORS CHALLENGE HAYS SCHENCK PUYS FOR MERGING BRITISH RELEASE OF U. S. FILM Chacknyttes Merger of Palhe-Firtl National of Great Britain and Makes Offer on Bdialf of Other in- terests—^Trade Thought Original Deal Set LAiidoii, Not. 1. A proposal for a Tnerpr<»r of Pathe and First National of Great Britain In association with the Provincial Cinematograph Theatres Is ktniff up for the moment, due to the Inter- vention of Joseph M. Schenck, who is understood to have entered a new offer o^n belHdf of Intoroets he rep- resents, protMbly Metro—Goldwyn tor one. Originally, the deal was to form a BOW company*. In which Pathe and First National would consolidate; First National would dissappf ar and distribution of First National prod- uot In England would be handled by an enlargred Pathe organization. Provincial Cine Theatres would bold 51 percent of the stock in the merger as a consideration for turn- ing over its big chain for release of First National and Pathe product. It was Just as the trade ittider- stood that this program was set that Schenck threw the wrench Into the works by proposing consolida- tion Of the British distribution of Metro and United Artists with other Interests and present Provincial Theatres with 60 percent of the •tock. What Schenck actually did propose la speculative, but his ten- der blocked the earlier deal. If the Pathe-First National proposition goes through, it is believed a new deal will have to be made with Juicier terms for Provincial the- atres. Sir William Jury comes into the deal somewhere. Since Sir "WIlHam holds a large block of Provincial theatres, it seems reasonable that Iffetro distribution Is somewhere concerned In the transaction. Lord Beaverbrook is also involved. Schenck is now In Paris conferring With Beaverbrook Ott^ SMM ^bsM the deal. Talk here to the effect that Sir WUliam Jury will head First Na- tional of Great Britain has been beard, but it is not true. Bruce Johnson, heretofore in com- mand dt First National activities In Bngland, goes on any new company board of directors, while Will Evans, managing director of the Provincial Clnematograyit'- tll i alr es will exercise the saM fimi^ltM VHli the combination. (Benson & Co., important bankers In England has an interest In tho protnotion, with a member of the Arm Pitting among the directors. The new arrangement gives to American product important outlet through the full strength of tne P. C. T. theatres, a total of nearly SOO, including Important key houses such as the New Gallery In London, ... the Regent, Brighton and others. Lord Beaverbrook and his asso- ciates are Interested as stockhold- ers in substantial amount. Heaver- brook had been a stockholder in both Pathe of Great Britain and in P. C. T. Fox Takes Roxy Hour Washington, Nov. 1. Wm. Fox Is to broadcast from his new theatre through "WRC, begin- ning Sunday. Nov. 6. Hour Is to be from two to three in the after- noon, with Fox paying the usual commercial fee This will eliminate the Roxy (S. L. Rothafel) iiour that has been on the air here from WJZ via WRC each Sunday at that same hour. $9,500 for Sousa Jxtew in paying Sousa's Band $!).500 a woek, the same as T^ul;lix _ did, opening at Loew s Midland, Kansas tlty, Nov. 12. Wliliain Morri.«t handled the Sousa picture hou.sc booking. Loew a rec'ntly played Creatore's Band, another eminent concert band attraction, at ^'.noO a wefk nt the State. Boston, with additional book- ings lu folIi.vN after Jan. 1, Will Kept Sam Awake Sam Rork didn't sleep too* well while Will Rogers was taking his air trip to New York. The reason for Rork's uneasiness was a clause in a |SOO,OiM life insurance policy on Rogers. This stipulation provided that in case the 'insured was injured, or lost his 11M while traveling in the air, no bene- fit cotild bo derived by the holder of the policy. Rork had his "Texas Steer" finished when Rogers made the trip, but he holds another contract with the Beverly Hills' ex- maysr to mako a second film starting this month. It is understood that Rork had a talk with Rogers after the trip and obtained the cow- boy humorist's word that no more flying would be done by him until he finishes this ASHER, SMALL A ROGERS BREAKING UP ON COAST Next Film Completes Contract With F. N.—Small Doing Qnt witli Fannie Briot XjQi Angeles, Nov. 1. With the coi»9lotion of "Ladles Night In a Turkish Bath," now be- ing made by Asher, Small and Rog- ori for First National, tho tH-part- nershlp completes its contract with their releasing organization, and will probably discontinue further production activities. This picture is being supervised by Edward Small, who will with- draw from his association with E. ILVAtflior and Charles R. Rogers to prodiK'e on his own. Small super- vised "Cohens and Kellys," "Mc- MdiNi's Flats" and "The Gorilla" for the A. S. & R. firm. Asher be- came a producer on salarj' for Flr»t National and Charles Rogers spent his time between the Ken Alaynard .'^eries for F. N. and a producers' job on salary fur First National. Small feels he has been shoulder- ing the responsibility in producing the A. S. & R. pictures and that he can get along just as well making his own series. ; Small recently had flitsrs to join producing companies as a salaried executive, but turned them all down. He plans release through one of tho larger distribut- ing companies. Asher, Small A Rogers was originally formed in 1924 to produce the Corlnne GriflHth series for First Xationril. After that star jumped to I'nited Artists Asher and Rogers garnered outside interests, leaving Small to handle the firm's activities. Small is going to produce a pic- ture with Fannie Drire in April, to be made in Hollywood. It will be of tiie Jewish type. The »tory has not as yet been selected, nor has a release been sot. Miss Brlce is to make personal appearances with her picture in the key city houses. FOX SIGNS CUMMINGS Los Angeles, Nov. 1. — I»v l ng —r'liwinni.^yii^ ^ir^ttnr. has l>opn sit<n<d to mf'prnphon*^* for Fox. The ef>iitr.u-t l.s for one pi< fir*- with the company having an opiif)n on three more. Cun.niings is enro it-* to Sew York anrl upon return will begin production. BRIS PROTEST "They^ Alio Filmed with New Title, but Play- wrights Loil Jby Ci«r*t Frown—Third Cam in ''Crim*^ and •'OutUw-— Talk of SuiU for 'Tropor- ty Damage** WRITERS SEEK PARLEY The Dramatists Guild and the Authors League of America, alBll- ated organizations of playwrights and authors, after collecting data on the alleged uneven practice of the Hays organization in doclaring cer- tain plays unfit for the screen, are negotiating with Will Hays with the idea of adjusting the system that has been costly to writers. Unless the negotiations are suc- cessful, it was intimated the matter may be terried into the courts. The negotiations follows formal protest to Hays by Joseph P. Rick- erton, Jr., counsellor and arbiter in the sale of plays for picture usnge. Hays was scheduled to discuss the topic before the combined councils of the Guild and the League last Friday, biit sent word to Bayard Veiller, chairman of the scheduled conference, that he preferred the authors to call at his offlce^ Where's Differencer After the Hays office bsaasd "Crime,** Paramaunt-Famous, Las- ky, one of the units subscribing to the Hays organization, presented "Underworld" and the writing folk failed to understand where the line of cleavage was made—on wltiat basis on* story was okayed i^d the other rejected. Previously under Paramount presentation the foreign picture "Variety" was shown. The now current, "Jesso James,* dSAls with the notorious bandit The writing organizations are not at war with Hays personally, but they question tbo right of an Indi- vidual not In public nor ofllclal life, having the power arbitrarily to ban plays through an organization rep- resentative of tho lesding picture producers as units. They object to tliat sort of control on the inside and know that official censors have passed on stories, with some de- letions which the Hays offioo bas thrown out. The loss to authors Is pointed out, too, In the rejection Of certain plays which later were passed on favorably, merely because of a change In tlt>e. Cases in point are "Rain" and "They Knew What They Wanted." "Rain" is now being filmed under the title of 'Sadie Thompson.** It was bought for $60,000, whereas the original bid when the show was on Broadway, was over $100,000. "They," to be known as ^^tjove Among the Vines," was bought for pictures at one half the original bid. The picture people contend that the reduction is re- flected in the loss of the original title, hut that does not compensate the authors for the actual money loss. Property Impaired Authors helfpve they have a basis for damage suits in such cases un- der the claim of ".slander of title" or the impairment of property right esta hlishf'd by tlie puecfssful run of the plays. In addition to those plays banned by the Hays office are 'The Shanghai Gesture,- "The FirfOirnnd" and "Kongo." Why the latter play was tabooed those in the writing fleld are at loss to ex- plain. The authors are not disposed to lock tiorns with the picture powers. They prefer to right the alleged j^rr i^ vances by co-operation between the Ktag*» and the serein. Amrthftr oltjoetlve sought is title protection. There is a recent case of a play TTh** Parker") being permitted to T)lay tho stage without prot^nt, yet \\ hen «'oId for pi'-t !ir'- «» It was dis- . (Continued un page 34) FOREIGN GOVTS AHER NATIONAL PUBUOn VIA U.i MADE HLMS NorwajTy Persia and Peru Want Nal'l HUtory Speciak With American Casts—Son of Peru's Presid^t Here—Report Thomas Dixon Approached Billing Title Writers Los Angeles, Nov. 1. Management of the Camiel, picture house at Sherman, I^os Angeles suburb, figures that a title writer's name means something at the box office. Recently tho hf>uso played "A.ium and Kvil" (M-CJ), star- ing Lew Cody and Allcen Pringle. On tho nMrQttee the name of the picture and stars appeared on the first line and on the second line was stated, "Ralph Spoitoo, titles.*' This Is the first time out here a title writer has ever been featured in front house advertisings PRODUCING CHEAPER IN EAST IJJAN IN WEST Dr. Goodman's Idea — Will Make 4 Pictures in N. Y.— Kane't Opposite View ^ LiM|..iUl#tl««,. K0;V. 1.' 0r. DsiM :d. OoodnMHi, former general manager and vice-president of Cosmopolitan productions, now aa independent proditcer, claims that pictures can be made SO per cent, cheaper in the studios around New York and will demonstrate that fipt by inakliur t^mt vMuo- tions thm% ta tb* lmmedliEt%: fu- ture. Goodman, who has produced pic- taros both ««€ koro snd mtomttL New Yorl{. claims that ho has made a survey of conditions and claims New Yorlc is cheaper because the facilltlM for prodttotiofi aro Just Im plentiful there as out here. One point lie makes Is that sal- ary demands other than stellar players aro far less arouild Now York than on the Coast. His first production will begin early Im ptieeiaber at a New Torfe c(tr oHklld* Los Angeles, Nov. 1. Alan Dwan produced "French Dressing^ for RoboK Kono in 14 shooting days, four days ahead of schedule. Tlie picture TUns >ib9jt t $300,000 In production. Kane clftlms II IMM bein ihsdo mt one-half the price It would have cost, and that in New York it would have required about 40 shooting days. With weathor oofi4Him' orablf in the east. Coveinments of Norway, PeraiA and Peru are midi^'stood to lulviii appro.ielied Americj|ib fllm makers, dircciors, authors, l^ld producing oo:n|;anies, with a vtoif towards Im* porthig American talent for tho pui'pofe of making an epic bused on tl)e national iiistury of each comitty. A uirectOi of travelogs Is under* stood fo already have the Norwe- Riun pruposition. Tiie Persian deal has not beoA ooftsumitod, Mtbough Thiunas VJjcn, from whose hook The liirth of a Nation" was adapt- ed, is reported to have been ap« proa c bed. Dixon Is also mentioaod as the man commissioned to writO a scenario around the history of Peru. ■ At present Col. Juan Le Quia, son of the president of Peru, Is in New York and is known to have made inquiries on tlio ivblo^t* ^thibrp baa been, apparently, AO (loSnlte offer made by the Peruvian on behalf of his government but it is implied, unofficially, that Poni wouM foot the bill in return for the ptlMlolty of such a film. Last winter a South American millionaire film exhibitor llnsnood the making In Hollywood of an eple of tho life of General Bolivar, the "Cfcorgo Washington of Soutll America." Francis X. plliyod the title role. CiImv's Sbiight Film; The Colony, under Univcri lease, and Dr. Hugo Riesenfeld's manatfliif dirootorslilp, dwHatsn from its presentation policy and will go to the opposite extreme, straight pictures With simple or« ohoiHttU nooo a p nnl mom. Tlit ienlo will be reduced from 7S OiMli lt# to 50 on a grind policy. 'Ties Mlserables," closing at tho Central liMMMir* tM» the Colony Jlnte#s]r« Art Xfthn and his orchestra, in this week at the Colony, wind up a'proapsetlvo run in view nt tho new policy. Limited house capacity forbids expensive stage attractions. FOX'S I Movitton, "Pant M FILM Else Janis, Scenarist ".. Ja)B Angeles, Nov. L EHOiii innis Is turning scenario writer. According to authorized rei>orts. Miss JanIs will make the screen treatment of "Oh Kay!" First Na- tional bought the screen rights for this production to star Colleen Moore. .Miss JanIs will begin work fol- lowing a trip to Kiirope, wlK-re hIm- starts next we<;k from New York. ft ts said that in case her voice fall-, Miss .JanIs will cancel the Aij.str.iliaft route set for January and devote herself to writing fur the screen. Passsfoo In V, pifvolini Vietor ftorffir, fte dirootoc who arrived last week, has expressed a denlre to make "Don't Marry," with Movietone. It is understood he will be given the accomyaalwgiit* If, as reported. B4!irfi# Is permit- ted to make the picture his way, "Don't Marry" will have dialog of Priseills Desn In Roseh Comedy Los Angfltn, Nov. 1. Prlscilla I)»an Is in a Cbarlfs ' ('has#>-Iln I lio.'ifh f'.rn'dv. i James i'arrot is Uir<ctin4;. are that "Tho DoUsr Princess" will be Movietoned. Rlnco production of this picture bas been postponed for tho present tjie un« dfrstanding that Berger will also direct this picture seems correct. Shorter Runs for Par-U.A. I^'Uiiift at RivoU-Rialto Shorter runs for pictures at both the Uialto and lUvoli will be a re* suit of the partnership of PubttC and imited ArUsta Under the terms of the joint ownership, as inib-r- htood, e.ich company has an • lual call upon a like number of week* per season. If extending a ture, ev*n with busin^^HH holding up. the (onij)any ruts in on tl»e numlH-T of weeks available tot Its other prod* uct. A ca.'.e in point is ' Jf^se Ja m ee, . rijiu nt at the Iliallo. It will go out at the end of Its third week. al« fhouth It Jias shown box office |.t,r,,:'tl Miry Pickford'S "My i Ji>^i (Jill c'^ntes in. iiii<<illh'aiiililM«iCi^i7-'r^T'-|- -iiili 'r''T' ''