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Wednesday, August 29, 1928 PI C T U R E S VARIETY FOX'S 100 N.Y. INDIE HOUSES Sale Reports ''Inspired ' Says Harry Warner-No Deals On of Any U Harry Warner, president of War- ii6r Bros, and yitaphone^ now char- acterizes as deliberate attempts to cut into "Warner film sales and dis- orgranize indie exhibitors latest re- ports that Warners are ne&otiating^ the sales or merger of their inter- ests.- While Warner a few weeks ago admitted that two of t^ie biggest companies had bid for his company, he has since expressed complete disinclination to sell. With their failure to biiy the War- ner plant and its valuable Vltkphone acquisition, Harry Warner' let it be known that he believes the latest rumors are being Inspired, to un- loose reports which might hurt Warner sales of its advanced efforts In talker productions. "What I mean is this," said Mr. Warner: "We. don't need to sell our interests to any company be-, cause we are making more than any company at this moment. We don't need any company because every company is now buying our product." The latter comment was made by the Warner president when reports that Warners were active in a merger with • First National were brought to his attention. No deal to take over Or combine with any company is now on or being considered, Harry Warner declared." He spoke of Warners as being yOung and fired with the aggressive spirit of youth; He let it be known with characteristic frankness that he looked upon most of his com- petitors as too old except to con- sider as customers. . . Harry's brother, Abe, present at the interview, coincided. Despite, all rumors and denials there was a positive report yester- day that Warner Bors. are negotiat- ing with the voting trust of First National to obtain control of that organization. The voting trust was organized for ten years and is in control. It was formed, according to general opinion, to keep Fox frorn grabbing First National. For Warner Bros, to secure First National it would be necessary for them to have the unanimous vote of all the members and circuits rep resented in the voting trust. Last year First National did a gross distribution business of $25 .000,000. Its net profit ran a trifle over $1,000,000. While Warner.Bros, on production have been unusually strong in the talking picture condition, they do not >soetn to have . developed any strengtli meanwhile in silent pic turcs. The addition pt the First Na tional producing organization might -be -for the purpose of strengthening the Warner Bros, silent department M-G-M's 1st Dialog Film Is "Nize Baby " IjOS Angele.s, Aug. Metro-Goldvvyn-Mayer's firat clla log talking picture will be. "Nize Baby," the Milt Gross cartoon, di- rected by Ilobart Henley. Henley was the first director to make a picture at thp> time .Metro-Goldwyn and Mayer were merged four years ago, entitled "Sinners in Silk." Cast of "Nize Baby" includes Vera Gordon^ Alexander Carr, Har- •old Walbridge, Tenen Holtz, Lillian Gittle.son, Jack Levine and Dorothy Jan is. Production starts. Sept. 4 under the personal supervision of Harry Indie Talkers Within the past few weeks a number of eastern independ- ent producers have gone into projection rooms with phono- graphic sound recorders and have been making captions as the film runs off with a few engaged players. These pictures can be played in any unwired house, requir- ing but a phonograph to play the records. Messing Up Tex's Coast Reception Los Angeles, Aug. 28. Publicity zealots representing Texas Guinan personally created quite a, mess of her Hollywood re- ception when going ahead : without consulting Warner Brothers or anyr one else. . The names of Conrad Nagel, John Gilbert, Lon Chane/, Greta Gtvrbo, Clara Bow, Richard Dix and Col- leen Moore were used as hosts and hostesses without authorization or permission. After using Mayor George Cry- er's name on the stationery with- out official okay, Tex's boy pilots tried to get in to. see His Honor and arrange the date. They got as far as the secretary. Al and Frank Kerwin are th« bright lads. , CiBINATION IS Possibility of WilUam Fox Buying or Taking Into Partnership Independent Film Theatres in Greater New York—Exhibs Said to Look With Favor Upon Idea—Effect on Shapiro Organization GOOD FOR BOTH Sight-Sound Recording ''Scandals" at Apollo It is understood that United Artists is making a complete talk- ing picture of White's "Scandals" on the stage of the Apollo thfeatre. No other inforriiation is obtain- able, nor is it known by what process United Artists can take a talking picture on. the stage other than by the portable Fox Movietone process. South Sea Natives For Stage "Atmosphere" Lo.s Angeles, Aug. 28. Alexander Markey is due in Hollywood next week after spend- ing nine months.in the South Seas directing ",Taranga" foe Universal. , lie will bring back with him 20, Polynesian natives who will accom- pany the picture on its de luxe travels for atmospheric ; prologs. Trying 48 mm. Los Anj;elos,- Aug. 28. D. W. rjriiTilh and Billy I'.itzer hi.s veteran oiimrriman, are oxpori- mentinn; wiLli 4>smni. film. Stand.ivil width Is JiSmm. Results 30 far a.r>> advmt.'iijooua in fliniinal- ing old.--.'ups and various film an- gles rciquired by standard width. Novarrp at $5,000 Wkly. > ■ Los Angeles, Aug. 28. Metro - GoldWyn - Mayer onTicials have started negotiations to .renew Ramon Novarro's contract, which expires in December, offering him $5,000 a week for a year. This is an increase of $1,000 week- ly over his present salary. It is likely NovarrO will accept. VIDOR WITH GOLDWYN? Director Reported Peeved Over lyi.-G.'s Hl'usal to Do His Picture -L03 AngelC3i-Aug.--28.— With M."(;,-M, reported to have put its foot down on iCing Vidor making a picture with an all-Negro cast, the director is reported nego- tiating with Goldwyn to take over his contract. ' M.-G. is said to be favorably in- f'lined in this direction, tho Vidor in jjetling $75,000 a picture and it has no picture at present which would warrant that, expense for dlui^r'torial woric William Fox.may obtain the con- trol of around 100 more or less first class picture theatres in Greater New York, now operated by in,- dependent exhibitors. These houses if secured by Fox will be taken over by him under full purchase or in a partnership arrangement. With the latter the present rndie operator will continue to direct his houses, but with Fox holding 51 per cent control. The proposal for a Fox-indie deal is said to have met with a ready response from William Fox and the exhibitors^ A conference or so b^'" tween them is reported to have •been held, with the. idea claimed to have been mutually arrived at between William Fox and some of the indie operators. The Fox chain is said to be the only one in a position to take over the Greater New York indies, through Fox being sparsely located with its own theatres in the greater city. Loew's is dotted all. over the local map and in Its present build ing campaign of large, neigborhood theatres has Publix (Paramount) in association, or vice ,versa. Keith's is slmiiarly positioned. Should the Fox-indies deal go through, partialUy or in whole as; at present expected, it would relieve Fox from erecting houses under his own name to compete with the other large chains in all of the new York communities. Fox's only big new house just, now is the Fox, Brooklyn, seating 4,200 and opening next week, (Aug 28). Sapiro's Position An effect upon the Sapiro organ ization (I. M. P, E. A.) will follow Fox making the indie line up effect- ive. It's understood that of any number' of first class indie houses in the entire metropolitan area, a majority must necessarily belong currently to the. Sapiro group According to the understood con- stitution of'the Independent Moving Pictures Exhibitors Association, 60 per cent of the houses represented in that group may move for its dissolution. Sapiro is said to em- brace around 85 houses, represent- ing , about 10 circuits. In the proposed dealing from ac- counts the; basis of settlement will be virtually ca.sh for the exhibitors, whether a total Or partial purchase .since the consideration will be paid in Fox market quoted stock. The valuation will probably be deter- mined in the cuistoniary mariner, by audits and appraisal.s. Service Situation, New ', York ■ ; independents . have f<>und themselves against a strong opposing service wall ' of late through the Loew houses having the first call on Paramount arid Metro-Goldwyn-Mayer product also l<"irst National, with Keith's holding the same privlege oh a couple of important independent filrh pro ducers. Another important point to the indie exhlba has been tiiat Loew's has the Warner talking picr ture product tied up for tho New York neighborhoods. With Fox as. the operator or in -afilliated = partnersh ip--wi th---th e-^ i n dies, the indies would secure fu'st run on tho Fox talkers. It would be an imrncdiate Inducement for tlie N, Y, indies to have their houses wired, .something they have with hnld fronri up to tho'prcscnt through the service situation. Fox with tho N. Y. Indies addod to its chain would at once a.ssume a commanding position, through New York always having been looked upon a.s the country's exhib For General Release-No B way Runs Not as Advertised A number of movie writers on the New York dailies have received letters from readers objecting to the, way In Which sound . pictures and talking pictures are mixed up in the advertising. People. appear to be more interested in talking pictures but when they are ad- vised to go and see and hear so and so in the pictures and then only hear, music they feel cheated. . They request that a sound picture be not advertised as though it were a talker. Fox's 1st All-Dialog Special Starts Sept. 10 Los Angeles, Aug. 28. Lou, Seller will start Sept. 10 Fox's first Movietone special, "Bad- gers."- It will be all dialog and co- feature Dave Rollins arid Helen Twelvotrees. . The story, a stage play by Max Marcin and Edward Hammond, Is being adapted by Frederick Haz- lett .Brennan, in conference with Donald Gallagher, who will direct the dialog. It is reported Warner Bros, intend to send out "The Terror," $2 special talker now at the. Warner, New York, for general release about Oct. 20, regardless of the business-it Is doing. There is ah eight-week buy on the house at present, according to reports, and the picture Is play- ing to capacity. The decision to release generally before the picture runs its full course at the Warner is art Indici- tion of the impression , dialog plij- tures have made on the public and of the value at the box oflfice. Warner. Bros. Evidently figiire to. get immediate release for as many pictures as possible throughout the country rather than keep them In ■New York for long runs. With rentals for talkers comparatively hlfrh, this move seems warrantied. Talkers seem to be getting over so strongly on novelty that,the plug or. exploitation of a New York run is not necessary as a sales angle. With, a number of new talkers scheduled to follow in quick order It seems that the policy adopted by Warners will be to keep them here for short runs Only. Elinor Glyn on Par Short; Geo. Abbott's Contract Elinor Glyn Is reported making a talking short at the Long Island studios of Paramount's. It was also reported, yesterday that George Abbott, the stage, director, had gone under contract with Par, to direct dialog full lengths. It's un- derstood that for the present. Abbott will contribute his services to the L. I. studios: Other legit talent engagements are rumored for Par, with none definite. South Bend Not Very Enthusiastic Over Sound South Bend, Ind„ Aug. 28. Orpheum, former ace house of the Orpheum Junior circuit, has cut its prices from 25 to 20 cents for adults, and from 15 to 10 for children. House now playing straight pic- ture, Colfax, new Publix house, recent- ly opened here affected business. It is wired, but South Bend is luke- warm on the sight and sound angle of pictures. The Schencks' Daughter Mr. and Mr.s. Nicholas Schenck have .a daughter, born Aug. 21, in Now York.', The Schencks were married early in the summer of 1927. itor-leadar. Fox would have for a metropolitari outlet of his pictures the largest number of theatres In the area, giving him the same ca.stcrn i)osition he now commands on the Pacific coast. In between, other than his own houses,. Fox has the Wisconsin chain governing that state, and the Poli Circuit of 20 New England houses. Fox at present is operating around 400 theatres. Everyone re- ported-^' con eerned—with—the=^Fox~^ indie deal appears to be pledged to secrecy. Us fullfillment would remove from consideration the proposed B S. Moss plan of enlisting the same indies in one group with Moss to head, or any Idea that may have included the liJidlo Corporati(m of America as tho financioV for the indies, to back up the indies for the R. O. A. I'hotophono talker and equipment. M-G FINDS JAY DEE HAS GOT BILL HAINES Signed With British Producer 2 Yrs. Ago—Star at $650 Los Angeles, Aug. 28. M.-G.-M. Is having more trouble with Wlliiam Haines. Some time ago Haines, who Is getting |650 a week, did not come through with the oflUclals when they wanted him to sign a new contract, and so a weekly bonus of $500 was cut off. Recently M.-G.-M. sent for the star again'and asked him to sign a new; contract, as his present one ex- pires April 14, 1930. They wanted to tear up the old one and it Is said agreed to Immediately jump his salary to $2,000, be.<ildes giving him the back bonus money. Haines started to stall, but finally stated he could not sign, as he had already placed his name on a contract with J. D. Williams, now in London. It developed that two years ago Williams got hold of Haines, Who needed some money, and signed him for five years by giving him a bonus of $5,000 cash. The contract with Williams, it Is said, calls for $2,000 a Week to start and then climbs to $5,000 a week before expiration. .M.rG,-M..- execs burned when they heard what Haines had done arid asked him to get the contract. Haines then told them that h« had no copy, as the original was placed in escrow at a bank on account of his getting the bonus for signing and that he could not see it until he starts to work, for Williams. Understanding . now Is 'that M.-G.-M. is negotiating with Wil- liams to void the contract in the forrner company's favor. Special Songs for 10 0. A. Features Mrriil Jen.son who is handling tho sales and pi'omotion end on 10 United Artists films will have a spe- cial song written and published in connection with each relea.se. .--i_.T:h o^«su f^fQ.'i.'s - nL: l'Itii mona"^.l 3 - re-., .sponsible for the musical hook-ups. 'i'he songs presently set include "Out of the Tempest," published by Jlarms, for Darrymoro's "Tempest"; "Itovonge," published by Remlck. for the next Del Rio film of similar title; "Woman Disputed, I Love Vou," pubjlshod by Wltmark, for .\'orma Tolmadge's next picture; ;in(l "Luiiunox," publLshed by Feist, for tlie I''anny Hurst story, directed by IlerlH-rt Bronon.