Variety (Nov 1928)

24 VARIETY PICTURES Wednesday, November 21, 1928 No Interchangeability Precedent Set by Colony Or Wis. House, Say W. Interchangeability is still un- known to Western Electric despite the cartoon spiinded with an indie device which is running' over, the company's equipment this, ^eek, and possibly next, in the Colony, New York. Indications that Universal had pulled a fast one without WJE's okay were substantiated when the Electric had an expert take in the show the nife'ht after it ^opened. In the contract it is stipulated that such once overs shall take place before the public gets a look In and only a;fter WE has given a written okay. At press, time This scout Tiad not reported his fir.dings. While lay reports, from those, who heard the cartoon in the Universal projection room and :the theatre were praise- worthy, the Electric's acquiescence In this_fjivprable critici_sm will mean ridthing until the disvlce, Pat Pow- ers' Cinephone, Is hiinutely combed by scientists arid paterits are care- fully examined by the Electric's lawyers. Charles Bunn, sales chief for Electrical Research Products (WE) ia out of town for the month and his associates refused tb commit themselves in his absence. Bunn has already gone on record in Va- riety about interchangeability even to the point of saying that where quality might be considered equal such could hardly bia obtained without some close similarity to WE's device. That Universal and ,the Colony,, which it has under lease, will not be penalized for this violation of ita agreement with the electric was expressed ' at WE headquarters. That the showing was decidedly "out of order" was admitted; also that the case established no prece- dent. • No Precedent , While the Colony is the first wired Broadway house to run indie sound, over its, WE equipment, and, whiie. lt 'was acl'mitted at Universal prior to the showing that WE would not be notified, no coirjpany has yet accepted, from report, the distributing privileges of this car- toon by Walter Disney and 23 oth- ers which ;he plans to have sounded with cinephone. The running ,of. WE .sound, as well, over Bri-stolphonc equipment in the 'Strand, Wis., should not be misinterpreted by exhibitors as a precedent. According to a W'B ex- ecutive, showings there were after, producers had secured only a temporary special dispensation from the Electric. As for Bristolphone in the Academy, Hager$town, which was hailed by many as the dawn of interchahgeability, WE bear's that shortly after the flop .^of. "Lilac Time", in sound and the refusal: of -I<\ N; sales chief-Ned Depinet' to book thorn other sound film, the, house went .silent and Is so now., Powers' talker, in addition'- to undergoing the scrutiny of WE ex- perts, will also have to render an accounting to Dr. Ijee DeFbrest, who says the device Is but a Chi- nese drawing of his own. Since then the inventor's talker has been taken over by the Schlessingers. Their plFices state they may let Powers ride until their principal, action against Fox-Case is decided. Biophone?—In Newark ■ . i ■ —: Newark, N. J., Nov. 20. StanleyrFabian has wired, its new Goodwin, 750-seater, with Biophone. The Goodwin has not yet opened. it's the first Newark has heard of a Biophone wire device. Too Many Songs What the theme song is leading to has the authors, composers and music publish- ers worried. Every sound picf ture now has a film song; sev- eral have two such.. The mar- ket is fast becoming flooded with theme songs. It will, of c6ur.se, mean the survival of the, fittest but meantime each Is cutting in on the, other and hurting the business in general. WOBBER PUBLIX' NEW COAST CHIEF Those Publix houses along the Pa- cific Coast, which have been lately disassociated from operation hy West Coast, arei to have a new op- brating chief in Herman Wobber, who .will function in an executive capacity along the elope. His In- cumbency starts Dec. 1. Wobber has been one of the re- sponsible executives, in the Para- mount distribution department and when he was drafted to the new assignment it became necessary to placate Sidney Kent, chief in that division, who at length released his lieutenant tor the new arrangernent. He now quits the Piar. sales branch to join the Publix personnel. R. H. Cravill, who has been active in Coast Publix affairs, will con- tinue in the same territory, working under Wobber when the new plan goes into effect. Madge's Imitations Out Los Angeles, Nov. 20. For £reneral release of "Mother Knows Best" Fox has eliminated all of Madge Bellamy's Imitations ex- cept the whistling bit. Air for WoodhuH s Natl M. P. T. 0. By N. J. Indie Exhibs-Get the Works Crandall Acquitted m Knickerbocker Action Washington, Nov. 20. Harry M. Crandall and the Knickerbocker Theatre Corp. were freed froni blame In the first of the suits to be tried before a jury to settle responsibility for the theatre disaster which resulted in the loss of 100 lives. The Jury acquittal may settle the other 97 cases pending. Crandail's strongest defense was his own testimony in which he stated the constijuction and opera- tion of the theatre had complied in every respect with building regula- tions of the District. Crandall stated that he had faith in the architect, builder and inspectors, and had often attended the theatre himself, taking his family with him. Knickerbocker company, he stated, built the theatre before he" biecame identified with It. , -.- The six , years, of court battles following the tragedy narrowed the case down to Ci'aridall and the Knickerbocker Co., others being re- leased from any responsibility by various court moves. Suit now dismissed was, for the maximum of $10,000 set as the amount the estate of each deceased was permitted to sue. M-G-M Sounding Zep M-G-M is sound synchronizing two reels of Graf Zeppelin pictures taken abroad which are en route to America. N. T. G. will do a Burton Holmes by explaininir in dialog what it's all about on the Movietone process. Lady Druiinmond Hay, who re- turns to England Saturday, Is re- cording this week sorne records for Inclusion into the M-G-M sound travelog talker. Members of the executive com* mittee of the M. P. T. O. of New Jersey have decided on a final break' from the national organiza- tion because. It is contended, th? M. P. T. O. Qf America;' headed by Pete Woodhull, has failed to pro* tect the independent theatre owners of the country in the neVv standard exhibition contract. The New Jersey independents have deterfnlned to sever their af- filiation with the M. P. T. O. A> They feel they can, no longer be connected in any way with an or- ganization which has been working so strongly agalnat their Interests. "That this is so, they' believe, has been amply manifested beyond refutation, in the^new film contract. Exhibitors throughout the coun- try, some bodies such as the New Jersey gi-oup being unanimous, have generally taken the stand that the M. P. T. O. A. is ho longer of any consequence, powerless to help in disputes with national producers and chains, and a hindrance to the best interest .of the. independent theatre owners. This belief has taken hold strongly in recent weeks because of the exhibition contract slipped across quietly by the JHays orgahiziation " with Wobdhliill and other M. P. T, O. A. olTlcials let- ting it ride and probably helping its passage, ■ / The New jeraey M. P. T. O. has not been paying any dues to the national orgrahlzation biit has be(|i afl^iliated, so as to give tha M. P. T, O. A. strength in legis- lative appeals. Meetings are being held to give official recognition for the discontinuation of this affllla- tlon. HoA" Loses 1,600 Feet Los Angeles, Nov. 20. Since the opening of "Noah'a Ark" at Grauman's Chinese theatre 1,600 feet have been ellrnlnated from the picture, which originally ra.n 2 hours and 1^ minutes. It now runs one hour and fiO minutes.