The New York herald., 1922-11-29
|WTACRAPH CO. sues
LASKY FOR 6 MILLION
Demands Triple Damages
for Movie Conspiracy
Under Sherman Act.
| CHARGES III is BARRED
Cites Control by Famous
Players Corporation Of
Leading Theaters.
FAILS TO GET BOOKINGS
Says 1t Can't Show at Rivoli,
Rialto, Capitol, Strand
or Criterion.
FAILS TO GET BOOKINGS

Alleging that the defendants have
ccnspired TO monopoize the motion
picture industry. the Vitagraph Com
pany of America, Inc, filed suit yes
eerday for 100000 against the Fa-
nous Players -Lasky Corporation and
a number of individuals.
The action is taken under that Sec
tion of the Sherman antitrust law
which provides for the assessment OF
| triple damages when Interstate COM
merce is impeded, obstructed or inter-
| fered with" Damages alleged to have
! been sustained by the Vitagraph Com
pany are placed at $2,00o.000. witt,
4 triple that amount sought under the
| law.
! Individuals named as defendants are
Adolph Zukor. president Of the Famous
Players-Lasky Corporation; Jesse L.
Lasky. vice-president Jules +. Brula-
tour. Frank A. Garbutt Cecil .. De
Mile, Daniel Frohman. Emil T.. Shauer.
Eugene Zukor. Sidney r. Kent, William
Fl. English. Frederick G. Lee, Maurice
Werthem, Gayer G.. Dominick, Felix +.
Kahn and Theodore F.. Whitmarsh.
Through control of the leading thea
ters in many large cities. the petition
asserts. the Famous Players-Lasky Cor
noration has made the success of Vita
graph pictures almost impossible. thus
causing heavy losses to The plaintiff COM
pany.
The Big Five In New York.
The desirable theaters of each city
are divided into first. second and third
run" places of amusement. In each large
city there are what are known as the
"l;ey" theaters. Exhibition In the key
| theaters, it is pointed out. is essential
to the success of a motion picture.
The five leading theaters devoted to
motion pictures in New York. according
to the complaint, are the Strand, Capt
tol. Criterion, Rivoli and Rialto. Ex-
hibltion in those houses, the complaint
says, is essential to the success of a
featured picture in this city and in other
large distribution centers. Pictures shown
in the five theaters named continues the
document. are. thereby made attractive
to the ownersr of the other $4,000 mo-
tion picture theaters throughout the
country. The five theaters. it Is charged,
are controlled by the Famous Players
llaSky corporation anu PIC
lures are barred from being shown In
them.
Capitalization OF the vitagraph Com
pany. according to the petition. Is S2.-
10000. In support of the allegation
that heavy damages have been suffered
by the Vitagraph. the petition lists as
follows. by years. the receipts from dis
tribution OF it's pictures: 1913. s4.2S1.-
1926 1919 s5.240.655 = 1920. s6.1s3.510 /:
1921. S4.S4S.035, and for the first forty
weeks Of 1922. up to September 30. ST.
S47.593.
The plaintiff alleges that its profits
hanged from S353.S49 in 1909 to $1.204,-
SCI in 1913. with approximately s750.0oo
as an average for the period including
1890. In 1921. 1t is elleged that the
vi.agraph Company because of the
combination charged against the defend
ants. earned a profit of only s1O6.494
The heavy loss, it is charged. grew out
Of control by the defendants of the
key" theaters in leading American
cities.