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riie Most Colossal Achievement in All the History of Entertainment

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American

Seating

Company

Installation!

Graiunan's Egyptian Holljrwood Theatre, Hollywood, Calif. Seating ty the American Seating Co.

Order Number Two

RAUMAN'S Egyptian Hollywood Theatre, one of the finest theatres on the coast, was ORDER NUMBER TWO from the same owners and their satisfaction is doubly clinched by still a third order, now nearing* completion, the Metropolitan Theatre of Los Angeles.

The sincerest testimonial of satisfactory service rendered in a quality product delivered, is not the first order but ORDER NUMBER TWO.

The latest American Seating Company installation is the thirtieth successive installation, one of the largest and best known theatre circuits in the world, the Orpheum Circuit.

Re-orders speak more eloquently than mere words.

Theatre Chairs

American Seating Co.

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THE SIGN OF

QUALITY SEATING

jgmrriraniSrating Qiitqiaiiji

NEW YORK 115 W. 40th St.

CHICAGO 8 E. Jackgon Blvd.

BOSTON 7.3-D Canal St.

PHILADELPHIA 248 S. Broad St.

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Do Your Own Thinking

By L. W. BOYNTON

THERE is considerable discussion — pro and con — on the uniform con- tract. So long as this discussion is on the level and represents an honest de- sire to solve the tangled problem of busi- ness practices in this industry, it is absolutely justified.

But we warn exhibitors not to be mis- led by specious propaganda against the contract from picture politicians with an ulterior motive. Do your own thinking!

And while you are doing it, remember this: nobody claims that this contract is perfect. The millenium has not been reached. Improvements, undoubtedly, can be made. But the document is a start — a great start — toward common sense and business stability.

RXHIBITO.RS TRADE REVIEW has already announced its belief in the value of the uniform contract. It was made possible only because Mr. Hays is in this industry. It was his insistence that brought it into being; and, in all fairness, it must be said that the distributor mem- bers of the Hays organization showed every disposition to draw up a document that would inure to to the benefit of ex- hibitors as well as themselves.

If that statement is not true, why were negotiations, covering seven months, car- ried on with exhibitors at all? Did you ever hear of that happening before?

'M'OW, it is the belief of this publication that the good sense of the exhibitor body of this country can be trusted to look at this thing in the right way — from a business viewpoint. The gi'feat majority

will not be hurrahed into condemnation of it by those who have axes to grind.

So the point we make here is simply this: keep your own counsel and do your own thinking. Consider the new uniform contract from your own angle as an exhibitor. Put your views in a letter and send them to us. If you are for the con- tract, say so; if not, tell us why.

^ND, above all else you will not be able to suggest a single improvement, backed up by actual demonstration of its truth and necessity, which Mr. Hays will not be willing to consider.

Mr. Hays has made it very clear that the present contract is only a working basis. It must be put into operation and be tested before anybody can determine fully what it needs in order to be better.

The conferees worked for seven months to draw up the contract. Those who think the job of such trail-blazing is easy ought to try it. When the conferees got through with the job, they had something that was a vast improvement over anything that went before.

^ND we believe in that assertion so strongly that we are willing to go on record here and now as saying that the great exhibitor body will, in due time, come to the same point of view.

Many exhibitors have already enthusi- astically indorsed it. Some have found fault with it — ^honestly and without axe- grinding. The opinions of these are en- titled to respect and to a hearing.

Do your own thinking! We have no fear as to the verdict of the great majority.

c opyright, 1923, by Exhibitors Trade Review, Inc.)

686

E X H IB ITORS TRADE REVIEW Volume 13. NumJber 14

A. B. SWETLAND, President; L. W. BOYNTpN, Editor and Publisher; C. S. MILLS, Treasurer and Advertising Manager; JAMES M. DAVIS, Secretary; OSCAR COOPBR, HOWARD MoLELLAN ^and GEORGE BLAISDELL, Associate Editors.

Published weekly by Exhibitors Trade Review, Inc., at Bast Stroudsburg, Pa.

Executive and Editorial Offices: JCnlckec- bociier Bldgr., Forty-Second St. and Broad- way, JVew Yorlt.

Telephone: Bryant 6160 A.ddress All Communications to Executive Offices.

Los Angeles Representative: Frank J. Baum, 607 Union League Building, Telephone: 62042

Member Audit Bureau of Circulations

Subscription rates, postage paid, per year: United States, $2.00; Canada, $3.00; Foreign, $6.00; single copies, 25c. Remit by check, money order, currency or U. S. postage stamps.

Publicity

F OR the publicity man who understands Avhat he is doing- there is a distinct place in the in- dustry. For all other types of press agents there is not.

Exaggerations ; bare-faced lies ; stories of doubtful value Avith a tinge of scandal ; attempts to pic- ture every star as a millionaire or millionairess; and the other pestiferous efforts of some press agents to be clever, have done this industry more damage than any other single thing.

The responsible publicity man bears in mind that he is not simp- ly holding a job but is a part of an industry that is under the rigid scrutiny of the public. The irresponsible press agent merely thinks of "getting over" a story, no matter how absurd, so that somebody, of the same mentality as he, may tell him he is clever.

Proper exploitation of pictures, as everybody knows who knows anything about the picture busi- ness, is not simply desirable; it is a necessity. But pictures can be properly exploited without damaging the industry as a whole. Ambitious young men, who are incapable of understanding and living up to their responsibilities as the industry must live up to the heavy responsibilities laid up- on it by the public, should be gently taken by the back of the neck and thrown- out of the busi- ness.

Laemmle and the Colleges

T HE screen needs a steady supply of youth ; youth in ideas, youth in the form of per- sonality, and jT^outhful enthusiasm for its greater development. The motion picture is a young thing itself; and just because the mer- ciless and all-seeing eye of the camera is the instrument of its expression, the motion picture will remain young.

But the need of ideas is the first essential, and where would one look for them more than in the colleges and universities of the country? They are the great assembling-places of the best youth of the land. Surely, they ought to be able to contribute steadily to the movement for bet- ter pictures, provided the incen- tive is at hand.

Mr. Laemmle has taken the first step toward supplying the in- centive in offering to endow a scholarship based upon a scenario competition. It is a commend- able and Avholly praiseworthy move, and deserves to be called a forward step, for that is what it is.

It implies recognition of the fact that development of original stories for the screen is one of the big problems of the future; the biggest problem, as we see it. The present vogue is all for the pic- turization of books and plays, largely, it seems, because they are supposed to have a ready- made exploitation value. Every- body is in favor of the screening of literar}'^ classics and best-sell- ers, provided, of course, the ma- terial really is suitable to the screen. Much of it is. Much of it is not. That same merciless camera and the equally merciless eye of the public decides in this case, as in all others.

But we shall finally come to the original story, written for the screen, and fitted to it alone. The generation now in the colleges Avill see that day. And it is wise and farsighted to turn the minds of the intelligent youth of Amer- ica toward original screen ex- pression a,s an art, and prepare

them for its use. This, as we un- derstand, is what Mr. Laemmle is' driving at. It is a jfine under- taking and we Avish it all manner of success.

Daylight Saving

AS we have pointed out sev- eral times before, .daylight saving, one of .the. biggest .en- emies of summer box-office re- ceipts, ought to be the subject of unceasing attention from exhib- itors. It is foolish to wait until summer comes to Avork for the re- peal of local ordinances. Public interest can be, and should be turned to the matter noAv — an argument Avhich is fully sustain- ed by what is happening in Mil- Avaukee and Baltimore.

In the former citj^ the local ex- hibitors' organization has formed a Standard Time League, is seek- ing signatures to petitions, and enlisting the aid of other lines ux business seriously affected by daylight saving.

In Baltimore, the movement has crystallized to such an extent that the question is to be submit- ted to the voters at an election in May. The motion picture thea- tres of the city have become pub- lic platforms from Avhich promin- ent speakers have urged the re- peal of the daylight ordinance.

This is one of the practical problems upon Avhich exhibitor organizations ought to get busy. It is an obvious form of self -pro- tection to the exhibitor primarily.

And there is an abundance of argument on the side of daylight saving repeal. The modern pic- ture theatre is often the coolest spot in toAvn. The entertainment it offers, if the theatre is rightly conducted, can be made just as attractive as any other form of diversion.

We hope exhibitors every- Avhere who are confronted with the daylight saving menace Avill realize that they can rid them- selves of it only by concerted and vigorous effort — now, while the snow flies — instead of Avaiting until Avarm weather arrives when the time for an effective cam- paign will be too short.

March 3, 1923 EXHIBITORS TRADE REVIEW 687

Exhibitor Views on Uniform Contract

O^Reilly Makes Speech before A. M. P. A. Vigorously Defending It — Arbitration Rules Being Drafted — Non- Members of Hays^ Organization Adopting Document

INTEREST in the uniform contract quickened throughout the industry this week. Charles L. O'Reilly, President of the M. P. T. O. of New York State, made a striking speech before the Associated Motion Picture Advertisers in New York, setting forth the advantages of the contract from the exhibitor's view- point.

A number of exhibitors, big and lit- tle, sent telegrams to the Trade Re- view giving their opinions. One in par- ticular which came from Tom Foster, member of the Executive Committee of the Wisconsin M. P. T. O. which has condemned the contract, was a vig- orous endorsement of it.

Drafting Arbitration Rules

It also became known that the Hays organization is proceeding to the draft- ing of the Arbitration Rules and that these will be completed at the eadiest possible moment. When they are fin- ished, the machinery for putting the contract into effect on a nation-wide basis will be read}^

A significant development occuiTed with regard to distributors not mem- bers of the Hays organization. The American Releasing Corporation has adopted the document in its entirety and is putting it into operation imme- diately.

There was no further news from the M. P. T. O., which, after participating in the seven months' negotiations, fail- ed to ratify the document. It is defi- nitely established that adverse action has been taken by the Board of Direc- tors of the Wisconsin M. P. T. O. ; the Connecticut organization ; and the "Western New York Motion Picture Theatre Owners," which exists largely on paper and represents a political ef- fort by Sydney S. Cohen to disrupt the recognized New York State organ- ization.

Mr. O'Reilly's address before the A. M. P. A. gathered added interest when it was announced that Mr. Cohen had been invited to attend the meeting as a listener, but had declined. Mr. Cohen, however, will address the A. M. P. A. on March 8. and his subject will be the uniform contract.

Urging the merits of the contract, Mr. O'Reilly did not claim the docu- ment to be perfect, but he pointed out that the mere fact that distributors and exhibitors had been willing to sit down

together and make a start toward good business practices was a great thing for the industry.

He set forth the advantages of the contract to exhibitors specifically as follows :

The time for O. K. of contract by the home office has been shortened. Un- til the distributor has O. K'd the ap- plication, the exhibitor can withdraw it.

Advantages to Exhibitor

Key runs can no longer get all the advantage from the distributor's ad- vance exploitation. Svibsequent runs can now get the picture within a rea- sonable time. First runs cannot change playdates at will, thus shoving back dates for all the subsequent runs on the picture.

The good faith of the distributors was shown by the fact that the exhib- itor representatives were allowed to write the penalty to be imposed on the distributor in case he did not live up to the arbitration clause. The dis- tributor worte the penalty for the ex- hibitor, and the exhibitor wrote the penalty for the distributor.

With reference to arbitration, both parties agree, before resorting to court action in case of dispute, to arbitrate. If court action does come, the record of the arbitration hearing becomes part of the trial record in court.

Speaking from personal knowledge of Mr. Hays as a man, Mr. O'Reilly declared with great emphasis that "there is nothing in the uniform con- tract which may be shown to be to the disadvantage of the exhibitor,

Wisconsin Exhibitor Indorses Contract

THE new contract means for the producer selling cost cut in two; for the show- man more stability of busi- ness and reduction of cost in operating; for the weakling that is oversold, disaster and bankruptcy; for the business as a whole, one of the mile- stones in its advance in prog- ress.

(Signed) Tom Foster, Stanley, Wis,, Member Executive Committee, Wis- consin M. P. T. O.

that Mr. Hays will not correct when It is actually demonstrated to be un- fair."

Going one step further, the speaker cited as an example of Mr. Hays' sin- cerity that he (Hays) was now making a fight to bring down the cost of "pa- per" and other accessories.

Taking up Clause 12, which has been objected to by some exhibitors, Mr. O'- Reilly showed that the clause was real- ly a protection to the theatregoing pub- lic. "If I go into a store and want a certain brand of clothes, I am entitled to see the label of the maker on the garment," said he. "In the same way, the producer's name should be on the picture and on the advertising. If the picture is poor, the public is entitled to know who made it, so that the exhib- itor will not be blamed for it, as he often is by the public."

The provision which stipulates that the exhibitor must buy all his adver- tising matter from the distributor will never be enacted of the reputable ex~ hibitor, he said. It is aimed at the ex- hibitor who might use vulgarity or other questionable stuff in his adver- tising, thus injuring the product and in- viting censorship agitation.

Scores Picture Politicians

"The good exhibitor has nothing to fear from this contract," Mr. O'Reilly added. "Imagine anybody making a fuss over this contract which was drawn in conference with the exhibitor, when all the exhibitor has had to work under for years was a contract drawn by the lawyer of the distributor.

"The picture politicians have been yelling for years for a uniform con- tract. It has been one of their pet toys and now the toy has been taken away from them. It's about time the exhib- itors cut out peanut politics and got a real business organization. I believe we should have a national organization with a paid man at the head of it, in- stead of an organization with a lot of ribbons and medals to be distributed."

He then urged that Chambers of Commerce be organized throughout the country, modeled after the Theatre Owners Chamber of Commerce of New York City. That organization, he believed, should amend its constitu- tion so that exhibitors anywhere could become non-resident members. In ad- dition. Chambers of Commerce, close- ly-knit like the one in New York City, should be formed in exchange centers.

688

EXHIBITORS TRADE REVIEW Volume 13. Number 14

A Step in Right Direction Declares Patterson

AS I interpret the new contract, it is an instru- ment of equity and a step in right direction. Representa- tives of Theatre Owners Chamber of Commerce, Jimmy Walker and Will Hays are to be congratulated on their attempt to get a bet- ter understanding between exhibitors and producers.

I expect the only objec- tion that is being raised by various organized exhibitors is that no clause was insert- ed in new contract that pro- vided for the exhibitors to raise five million dollars for Sydney's new company. (Signed) Willard C. Pat- terson, Metropolitan Theatre, Atlanta, Georgia.

"The present national organization is all but knocked into a cocked hat," he said. "Yet organization is the only stabilizer in this industry. And exhib- itor organization has a great deal to do with governing the price of pictures. Do you know that, within recent years, there has been a 25% drop in theatre attendance and a corresponding in- crease in rental prices ? The producers are the bulls of the market and the ex- hibitor the bears. We now have a pro- fessional bull market, just because the. exhibitors are disorganized.

"At the conclusion of Mr. O'Reilly's speech a number of questions were ask- ed by A. M. P. A. members who show- ed keen interest in the subject under discussion.

"Exhibitor organization should real- ly be a form of security — the kind of security that would enable me to know that, if anything happened to me, I could feel that my theatre interests and those left behind me would be taken care of just as well as if I were still alive to care for them myself."

} Opinions From Exhibitors

The following exhibitor opinions on the contract have been received by Ex- hibitors Trade Review: —

Frank J. Rembusch, Shelbyville, Ind : "Uniform contract, however long or well worded, will not correct the very unfair and inequitable tactics used in buying and selling pictures. Producers and exhibitors today treat with each other in the manner of cave men. .^In other businesses, a customer receives consideration. In the film business each side tries to take the last drop of blood and as the sellers of pictures are highly organized and we are not, they are able to take from us every dollar we can beg or borrow to pay for pic-

"Paves Way for Further Conf erences" — Grifl&n

WHILE there are some objectionable features in the uniform contract, I believe on the whole it is a progressive step. It has demonstrated the possibility of a meeting of minds be- tween distributor and exhib- itor and has paved the way for further conferences on matters of greater import- ance— A situation that ought to be taken advantage ot by both sides for the general good of all in the industry. (Signed) C. C. Griffin, Oakland, Calif.; President M. P. T. O. of Northern Cal- ifornia.

tures. We need more uniform ethical business relationship and the contracts will be all right. If this industry would begin to use the golden rule as a mea- sure for dealing with each other, our contracts need but a simple paragraph and the dotted line."

Room For Improvement William A. Dillon, Ithaca, N. Y. :— "Article fourth — We book pictures to play Crescent or Strand in many cases we cannot decide at signing contract at which house pictures are to play. This contract does not provide for such cases.

"Article eighth — Distributor can de- mand dates which exhibitor cannot give. Distributor can tell exhibitor dates not open but exhibitor cannot tell distrib- utor his dates are not open in case dis- tributor deems advisable to set same. If exhibitor books forty pictures ; only plays two a week, the distributor if so desires could demand playing them out in ten weeks, four a week.

"Article twelfth — Deprives exhibitor of protection against insult to his pa- trons by poor judgment of actor or di- rector. Theatres running five acts of vaudeville average one hour cannot run features longer than five reels and keep shows within time 7 to 9 p. m., allowing two hours for complete show. Today's features for vaudeville must be cut when over fifty-five hundred feet.

"Article sixteen — Our small heralds and window cards are made from mats printed locally saving extra cost re- printing dates on stock material. This is big saving. One hundred window cards saves seven dollars. We could not sign present contract but would welcome same with a few modifications. Deem contract step forward. Let's take four more steps toward perfec- tion."

Peter Magaro, New Regent Thea- tre, Harrisburg, Pa. : — "While contract has advantages it would be ruinous to the screen to accept it as a whole. Paragraph twelve would force exhib- itors to show pictures regardless of political or advertising propaganda. This is enough to condemn the con- tract. Exhibitor should have the last say as to what he shows."

Glenn Harper, Vice-President, M. P. T. O. A., Los Angeles :— "The most concise opinion that I can give you on the uniform contract is that Mr. Hays and his associates will never sell it to exhibitors of the United States without alteration of several paragraphs, par- ticularly Number 19. Will take my chances on old contract in preference." Schade Gives Opinion

George J. Schade, Schade Theatre, Sandusky, Ohio : — "Your telegraphed request for my opinion of the new uni- form contract in fifty words, is out of the question. I am sorry but I cannot, as I wired you this afternoon, express myself in fifty words nor in five hun- dred words.

"If this business — and by this busi-

ness I mean the picture business — were transacted along straight merchandis- ing or legitimate lines, the hand-cuff, straight- jacket and muzzled contract would be relegated to the scrap heap.

"This contract is only an asset for the producers who insist on block pic- ture selling — the producers who tie up the exhibitor, body and soul, and pre- vent the independent producer or any- one else, from selling the exhibitor.

"Why do they force us fellows in the smaller cities— or try to force us — into buying block pictures?

"Say an exhibitor requires three changes a week. The producers come along, park on his trail — sometimes as many as four or five salesmen repre- senting as many producers — and they make life so miserable for the average theatre-owner that, in order to end the agony, he signs on the dotted line, buy- ing a lot of stuff that he can't use.

"Do they do this to the buyer of a key city house who cannot use over fifty-two a year or one a week? I guess not! They play with the big boys in the key cities. If I told what I know about these deals — well, it would look bad in print; that's all.

"If exhibitors would only get down to buying single pictures, seeing them first, then and then only will Siis in- dustry come into its own.

"Pay the producer what the picture is worth to you. If it's good and has a box-office value, pay a good price for it. You would do this if you were a merchant. Silks cost and sell for more than cottons. Why can't this be true in pictures? And do these merchan-

March 3, 1923

EXHIBITORS TRADE REVIEW

689

dise wholesalers try to give the retail- er the needle? I guess not!

"The ladies in Sandusky are wear- ing golashes — nearly every one wears

them on the street. In New York

you've got to get out a search warrant

to find a pair.

"Now golashes are salable in the west and not in the east, but they don't force the eastern shoe merchant to buy them do they? They are either out of style in the east — or they never took to them.

** "It's the same in pictures. There are * a lot of costume and other pictures that take well in large cities but won't go across in the smaller places. Why must we buy them? Give this a thought.

"Select your pictures. Buy only what you can use — no more. Play fair with the producer and make him play fair with you. Get together on a fair and square basis and you will sign a short businesslike contract that you can understand when you read it.

"You don't need a gang of producers with a bunch of high-priced lawyers to meet with a few struggling exhib- itors to frame a contract. You won't have "clause 12" in your businesslike contract, either. What do the pro- ducers think we are? According to this clause they would force down our throats into our bellies, they can ad- vertise Lydia Pinkham's or any other stuffs for pale people and broken-down exhibitors.

"I hear Hays' office says with refer- ence to this clause that we don't know there will be "imprinted" on the con- tract, a "code of ethics" — clause two. Ye Gods ! Do they all think we shovel our beans with a knife and saucer our coffee? I thing the average manager who attends strictly to business, can

Cosmopolitan to Distribute

Through Goldwyn

A contract was signed February 21 » by F. J. Godsol, President of Gold- wyn Pictures Corporation, and Wil- liam Randolph Hearst, whereby all Cosmopolitan Pictures are to be dis- tributed through Goldwyn. The Cos- mopolitan productions have hitherto been released through Famous Play- ers-Lasky.

It is understood that Cosmopolitan still has several pictures which will go through Paramount and that these are all completed and ready for de- livery. The new Cosmopolitan con- tract with Goldwyn does not affect the International News Weekly, re- leased by Universal.

The Cosmopolitan-Goldwyn deal is one of the biggest negotiated within recent years. It is said there will be twenty Cosmopolitan pictures a year, and twenty produced by Goldwyn in its own studios. Goldwyn has recent- ly been greatly expanding its activ- ities, and Cosmopolitan has forged to the front because of recent fine pro- ductions, notably "Knighthood."

edit or cut a lot of pictures and im- prove them.

"Now for Clause 19 — Why do they insert the last paragraph in this clause ? The answer is clear. They have been increasing the prices of their product during the past year in a way that is all out of reason with the selling end of this business, and they want to tie us up — squeeze off our wind and re- lieve themselves from reduction or re- adjustment, that we ought to have. Most exhibitors have been over-sold and at high rentals.

"Don't sign this contract hastily. Give it some consideration — and play safe. Buy single pictures from now on and you won't need a uniform con- tract.

"Now let's go back to clause one of the "code of ethics." (I'll bet a httle red apple to a peanut that half of the Film Hounds don't know what "ethics" means.) Now, everybody — isn't this a joke? When didn't they do this same thing? They always have done it and always will. They play the exhibitor for a sucker.

"I am in controversy right now with a producer whose product I never wanted, who used my name to sell my competitors — and somebody is paying and paying well for this damnable lying of salesmen and exchange managers.

"Now we all know that hawking of film has been done by the distributors but the laughable part now is that they want a license from us to permit it, or, in other words, they want us fellows to help them raise their prices — with our consent in writing. Little Fishes !

"Let's give 'em our theatres free, and let's agree to pay the taxes and the in- surance and then do the janitor work. Or will they insist even then that we sign articles that we won't join the janitors' union.

"Can you show me any other line of merchandising that demands these unreasonable things from the retailer? No!

"A wholesaler hooks up with a re- tailer in a given section, sells him what he can retail and allows .the retailer to establish a reputation and a business on a certain brand of goods. It makes no difference what line, whether it be dry goods, shoes, millinery or some- thing else. The retailer can continue to sell these lines year in and year out without having the fear that his com- petitor is going to bid up the price, through overtures made to this com- petitor by the wholesaler.

"No such thing in legitimate busi- ness. Why can't we have the same business methods? One retailer can't sell his customer silk socks. He does- n't have to buy them. The salesman doesn't run next door to sell them either, because the salesman gets enough business out of his regular re- tailer so that he doesn't have to chase the competition.

"Now take our business for ex-

Grauman Gives Credit to Hays

WILL HAYS must be given credit for another great step forward in behalf of our industry. The lack of a uniform contract has caused most of the misunder- standings between exhibitor and distributor and the new contract will undoubtedly pave the way to closer rela- tionship and more compre- hensive understanding of each other's problems.

(Signed) Sid Grauman, Grauman's Theaters, Los Angeles.

ample. I want a few specials of one brand. In order to get them I must buy eight specials, 52 program pictures, about 26 comedies and 104 news reels of this particular brand, or take an- other brand. I could use a few — say 25 of them. To get them I must buy one lot of forty-one or thirty-nine — at a fancy price in each instance.

"If I buy I sign away my right to earn a living — sign away the reputa- tion of my theatre — sign away the good will of my business ; in fact when you sign on this dotted line, as soon as the ink is dry you will be a theatre-owner without a theatre. And we then can all go out and pick grass with the chick- ens.

"Gentlemen, it's time for all of us to sit down and think — and think hard. Make up your minds ; are you going to buy single pictures of a certain brand and give the salesman who sells them to understand that you won't tol- erate his peddling his stuff around after you have established your busi- ness on his product or are you going to take what is thrown to you?

"You are willing to pay fair prices. Are you going to run your theatre or are you going to let somebody else run it?

"Are you going to buy block pic- tures on the uniform contract at ex- orbitant prices and find that in order to get three or four real pictures you had to buy 26 or 52 poor ones that will spell disaster at the box-office; find when you take your troubles up with the exchange that you have re- linquished your right to meat, spuds and free air?

"Are you going to do this?

"If so you have landed at the jump- ing off place and it's good night to vou."

Jazzmania

A Tiffany Production starring Mae Murray. Directed and Presented by Robert Z. Leonard.

Released by Metro Pictures Corporation.

March 3, 1923

EXHIBITORS TRADE REVIEW

691

Censorship Bill Killed in Missouri

Measure Dies in Committee— Large Delegation of Kansas City Women and Ministers Oppose Proposed Law and Figure Largely in Victory

FOR the second consecutive legis- lative session, a proposed Missouri censorship bill died an inglorious death February 14 at the hands of the House Committee on Criminal Jurisprudence. In killing the measure, which was spon- sored by the Committee of Fifty, com- posed of religious organizations, the committee acted unanimously. The measure was a radical one.

A large delegation of Kansas Cit} women and ministers who went to Jef- ferson City, the state capitol, last week, arid publicly denounced political cen- sorship, were a big factor in the vic- tory.

It will be recalled that the Kansas City Federation of Women's Clubs de- cided to send representatives to Jeffer- son City instructed to work against the censorship bill following a speech made by Charles C. Pettijohn, counsel for the Ha^s organization, before promin- ent civic and ..welfare organizations in that city.

Mr. Pettijohn has been in active charge of the industry's fight against the threatened censorship in Missouri.

The words of Mrs. Henry N. Ess, prominent Kansas City clubwoman, who spoke before the Committee on Criminal Jurisprudence, might well be duplicated in other states where the re- former is encroaching.

"All the money paid to city censors in Missouri for the last eight years might just as well be piled up on this table and burned," Mrs. Ess asserted. "Six years ago in Kansas City a volun- tary censorship of the patrons was or- ganized among women's organizations. When we went to interview the cit}- censor the difficulty we had in seeing him was disgusting. Then and there I made up my mind that political cen- sorship was the greatest failure on the face of the earth," Mrs. Ess declared, bringing a hearty round of applause. "I did not know as much after I got out as when I went in to see the cen- sor."

Rabbi H. Mayer, also of Kansas City, told the committee motion picture censorship might prove "calamitous" as it would breed a spirit of bureaucracy in the state. Talks also were made by Mrs. Paul Cope, Mrs. Eleanore Wal- ton and W. B. Henderson, all of Kan- sas City.

Another censorship was introduced by Senator Brookshire before the first .was killed in committee, but with the ; inglorious death of the first measure this week, the second bill will doubt- less meet the same fate.

An appeal for a "Better Movies" week and a bitter attack against cen- sorship were the subjects of two of Kansas City's most prominent minis- ters recently. Dr. F. C. Aked of the First Congregational church selecting the former subject and Dr. Burris Jen- kins of the First Christian church the latter.

"It is difficult to see how censorship can be exercised intelligently and ade- quately concerning motion pictures, any more than there could be a censor- ship for the public press and public speech," said Mr. Jenkins. Certainly a political board would be an extreme- ly dangerous thing. Who of us is cap- able to serve as motion picture censors, anyway? Can you name anybody you think would be quite equal to the job? Certainly, if many of the expert pro- ducers would not themselves make good censors, what hope then, is there for the rest of us? If Missouri could have a board of censors made up of Doug- las Fairbanks, Mary Pickford, D. W. Griffith, Rex Ingram and Charlie Chaplin it might be successful and ef- ficient. But a board of censors made up of the Democratic committee of Slab-side county and the women mem- bers of the Republican of Deepwater district, ought hardly to be put in

charge of the selection of pictures for us here in Kansas City, or our friends in St. Louis or St. Joseph.

"Just suppose, however, that some minister and some prominent club wo- man should be chosen — of which there is not a chance on earth — can you pick one out of your acquaintance whom you would be willing to trust with so delicate and difficult a job? Here is our minister who never would consider himself adequate, although during the last four years he has been studying motion pictures pretty closely, with a view to use in the church. The work the women of this city are doing right now in putting their stamp of approval on pictures which come to this city is the best possible form of censorship."

In his appeal for a "Better Movies" week, such as Atlanta had, Dr. Aked was forceful in his appeal.

"I will guarantee," he said, "that if such a move were inaugurated in Kan- sas city the exhibitors here would make more money than they ever made be- fore in a week. I am convinced that in America, as elsewhere, there is a big audience waiting for the wholesome picture. There is a bigger market on decency than on indecency. " All of us are not saints, but you can trust the essential sanity and decency of the Am- erican people."

Hearing on N. Y. Repeal Bill March 6

First Stage in Battle to Abolish Censor- ship Will Take Place Shortly in Albany

A

Senator James J. Walker, Author of the N. Y. Censorship Eepeal Bill.

public hearing on the bills in- troduced in the New York State Legislature, calling for the repeal of the present motion picture censorship law will be held at the State Capitol in -Albany on Tuesday afternoon, Mar. 6.. Arrangements for the hearing were completed a day or so ago, following the introduction of the Walker-O'Con- nor bills calling for the repeal. The hearing will be one of the most impor- tant of the entire legislative session. While it is slated for the Assembly Ways and Means room, should the crowd become so large that this room can not accommodate it, the hearing will be held in either the Senate or the Assembly chambers. As chairman of the Ways and Means committee. As- semblyman Joseph McGinnies will pre- side.

During the past week, bills calling for the repeal of the law were introduced by Senator James J. Wialker, and As-

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semblyman John O'Connor, both from New York City. These two bills, while identical in their wording to those previously introduced, will be the ones recognized by the committee, and will be reported out, without doubt, fol- lowing the hearing.

The hearing will attract an immense crowd. It is expected that all three heads of the State Motion Picture Commission will be on hand at the hearing and that Joseph Levenson, sec- retary, will make the arguments which seek to justify motion picture censor- ship, and the existence of the Commis- sion.

Rev. O. R. Miller, and others of his cult, who fought in years past to bring about censorship in this state, are also busy these days in lining up their forces. It is understood also that the Catholic forces of Albany and Rens- selaer will also be on hand, and seek to prevent the passage of the bills, al- though in times past, their opposition has mainly centered around the matter of Sunday shows.

'J^ HE hearing of the charges brought by the Federal Trade Commission against Famous Players-Lasky Corpor- ation and subsidiary concerns will be held in New York City, beginning April 23.

During the past week the Commis- sion amended the original complaint which was issued in 1921. The main charges are incorporated in Paragraph Ten of the amended bill which reads in part as follows :

"As a further result thereof Famous Players-Lasky Corp. is the largest theater owner in the world, and in one week in the year 1920, more than 6,- 000 American theatrs, or approximate- ly one-third of all the motion picture theaters in the United States, showed nothing but Paramount pictures, and about 67 cents of every dollar that was paid to enter motion picture theaters was paid to enter those theaters which displayed Paramount pictures.

"In acquiring or controlling, and in attempting to acquire control, motion picture theaters, the respondent con- spirators have coerced the intimidated and attempted to coerce and intimidate motion picture theater owners or exhib- itors by diver means and methods among which were the following, to- wit :

"(a) Threatening to build or lease or operate theaters in competition