The New York Clipper (December 1919)

6. THfe4<f«^9SlF>^m^f'J.MT 1919 ASK RECEIVER FOR TWO BIG BRO ADWAY R ESTAURANTS Ted Lewis and Jade l^enignn Want Court to Compel Paul Salvin, Jimmy Thompson and Gil Boag to Give Them ' t v : an Accounting . A tale of "getting in" and also "getting out" was revealed in the Supreme Court last week following the filing of papers in a suit for an accounting brought by Jack Lenigan and Ted Lewis against Pail Sal- vin. Jimmy Thompson and Gil.Boag. The . plaintiffs claim that they are partners with the defendants in the control of the Montmartre and Bal Taharin restaurants, and have made a motion for the appoint- ment of a receiver to conserve their.al- leged interests pending the final outcome of the suit. .••.-.. u A voluminous collection' Of affidavits and counter-affidavits figure in the pro- ceedings, wherein is set forth'a-tale of "gold mine" restaurant acquisition that will probably live long in the memory ..of the oldest "John" and the youngest ."gold dig- ger." It is to be gathered from the wordy memorabilia on file that, in the beginning, which means while the Shnberts were run- ning the premises in the Winter Garden building up to November, 1018, there was nothing there which could swell the the- atrical managers' income. . But, according to the affidavit of Jack Lenigan, erstwhile purveyor of expensive clothes for men, he conceived the idea of reopening the restaurants which the Shn- berts had closed down and running them in partnership with Ted Lewis. In No- vember, ISIS, Lenigan says he broached the subject to Lewis after the latter had told him he was going to quit at Rector's, where he had been playing with his Jazz band. Lewis liked the idea of becoming a Broadway restaurant magnate, and it was agreed between them, says Lenigan, to negotiate for the restaurants. - Together they visited Ed. Davidow, the Shnberts' brother-in-law, with whom the matter of renting the Winter Garden premises was discussed. Then, Lenigan avers, Davidow told them he would speak to Lee Shubert about the proposition; that he spoke to Lee Shubert and that a few days later Davidow, Lewis and Leni- gan called on Ben M«w»n< at the Shubert offices. Continuing, Lenigan sets forth that Mal- lam, acting under instructions from Lee Shubert, told them that they should hie themselves to the office of Attorney Jacob Klein for the purpose of forming a cor- poration under which to take over the restnranis. They visited Klein, instructed him to organize a corporation with a capitalization of $5,000, but, because of subsequent events, there was no neces- sity for the corporation. The affidavit then goes on to tell how Salvin sent for T*ntg»n one day while the latter was sitting in Rector^' and, after telling him that he shonld have con- ' suited him-(Salvin) first, about going into the restaurant business, Lenigan says that he agreed to take Salvin in, and that Salvin, with Lenigan'a consent, declared Jimmy Thompson and Gil Boag in. "I want to keep Rector off Broadway if it costs me $10,000," Lenigan reports Salvin as saying. Salvin also objected to Ted Lewis being declared in, T«i<gan says, hut, finally, it was arranged that they should all become interested. An arrangement waa then entered into with Lee Shubert, under the terms of which the Shnberts were to receive 10 per cent, on all moneys realized from the sale of liquors and 2J4 per cent, on the food sold, which was to be in payment of rental. Lenigan says when Salvin saw the paper that the Shnberts had sent over .to he signed he declared, "This is the worst piece of paper I have ever read; hut ■what are we going; to do?—we have got to sign it or not take the place." At this point the affidavit also reeUes that Sal- vin "called the Shuberts burglars and other harsh names." ' " A year ago last Christmas eve, both restaurants were auspiciously opened and Ted Lewis and his band became' the fea- tured element in the restaurants. The ' business paid from the very beginning, Lenigan avers, but Salvin • took sick and went to Battle Creek, Mich., for his health, remaining' there .several months. 'While he was away, Lenigan-and Lewis drew a total of $4,500 between them from the profits of the business. Lenigan says that no accounts of the profits were ren- dered to him and Lewis, although they demanded an accounting, but that he saw -the daily totals indicated on the cash reg- ister and also, occasionally, glanced at the books. . Lenigan says that the restaurants took in upwards of $60,000 each month from December to the latter part of May, when the place closed for the summer "season. The place was reopened in September and continued taking in the same amount each month, and during the summer the sale of lemonade in the theatre below netted the 'business' more than $200" weekly.' He also ' says that he found the sum of $64,000 charged to expenses for the month of May, and that, upon investigation, he found that a check for $6,000, payable to Benee Durant, the chef," nad been drawn, and that $27,000 had been taken out of the restaurants' receipts and paid oyer to the Shuberts in payment of wines and liquors bought for the Little Club, which Salvin, Thompson and Boag took over from the Shuberts. Lenigan says that from the time the Montmartre and Bal Taharin were opened in December, 1918, to the time the places closed for the summer, they took in a total of upwards of $350,000, and that he "knows that the expenses for conducting tiie business did not amount to 50 per cent, of the gross business done* in the res- taurants." The affidavits state that Lenigan and Lewis received a total.of $12,000 between them in settlement of any claim they might have, both signing.general releases, which it is now claimed are invalid be- cause Lenigan and Lewis say they did not know they were ■ signing away their al- leged interest in the business. The affidavit of Lewis. practically sub- stantiates that of Lenigan, except- that Lewis also avers that a year ago last December he was approached with an of- fer to assist in "freezing out Lenigan," which offer he says he declined. After denying that Lenigan or Lewis ever were partners, in the Montmartre or Bal Tatar in. and .that Thompson ever has fceen or iagi^p^^SrjjJ'hhn in the business/ Salvin r sets forth that he is w«H5i3rpwards of $200,000 above all debts ana* liabilities and that no receivership is necessary, because he is a thoroughly re- sponsible individual. %■- Others who have submitted "affidavits in opposition are Lee Shttbert,, who denies that he ever had any dealing with Leni- gan and Lewis; Ben Madam, who denies absolutely the truth of Lenigan's state- ments, and Jacob Klein, the lawyer, who denies that he was asked to draw papers for a corporation, as averred by T *"«'r»n , Benjamin' -Cohen swears that Lenigan and Lewis asked for $15,000 for getting. out and not making any claims, but that he got them to accept $12,000. Griffiths, Sarfaty and Content appear as attorneys for Lewis and Lenigan, and Wentworth, Lowenstein and Stern are de- fending tiie action. LONG NOT LEAVING SHUBERTS "WClfT BOAT" HEAVES ANCHOR Ralph Long is not going to ally himself BAi/i-momc, Mi, Dec 30.—"The Night with Charles B. Dillingham, after all, it , Boat," Charles D ilUh g ba n r *e-latest- mnsical was learned-early this week, -instead. It is_-«omedy production, was giv$n_iti premiere reported he-will return to (t& Shubert fold,^ \*t the Academy of Music lasts night with bnt at a salary which is W be approx*--" a cast including several operetta favorites. mately $15,000. This salary is just double Jack Hassard, Louise Groody, Hal Skelly, what be received as general manager of the Shubert enterprises before has resignation several, .weeks ago. » Long, following his break with the Shu- berts, which resulted from the stand he took in favor of the, box office men'and against Jake Shubert, received an offer from Dillingham to become house manager ' of the Globe Theatre. He was offered a salary of $10,000 a year, a most muni- Sclent' salary torn such a position when it is considered that few house managers, in this city receive more than $100 a week for their services. At the Globe Theatre, how- ever, which is considered one of the ultra houses of this city, the position of house -manager entails more than a- mere super- vision of the theatre,' the holder must have a knowledge of booking and booking con- ditions. •■•" - • Long, it was learned, tentatively ac- cepted the offer made him by Dillingham, being prompted in this acceptance by the feeling that Dillingham, allied as he is with Erlanger and Ziegfeld, bids fair to become a national producing factor, in which event Long felt that he had much to hope for in the way of sharing this success. And, had he accepted the position at the Globe made - vacant by the resignation of James E. Matthews, Long would have entered upon his. managerial duties on Monday of this week. ' ■■- ' But he changed his mind and, it is re- ported, heeded the call of the Shuberts, with whom he has been associated during the last seventeen years. The Shubert call, besides echoing a salary that is re- ported to be $5,000 more than Dillingham offered, also meant that the Shuberts had increased his salary two fold. For it is reported that Long's salary with the Shuberts before his resignation was $7,500 a year. Thus far, Dillingham has chosen nobody to fill the place made vacant by Matthews' resignation, although several individuals well known in the theatrical world are being considered. In the meantime,. Henry L. Young, treasurer at the Globe, and con- sidered one of Dillingham's most loyal and trusted associates, is taking care of the house, while, at the same time, attending to his box office duties. WARNED ABOUT BILL POSTING Six theatrical men were summoned to appear before Chief -Magistrate McAdoo on Monday of this week as the result of a campaign against promiscuous billposting instituted by the National Highways Pro- tective Association. The association, through its attorney, Arthur K. Wing, alleged that the men summoned had caused to be pasted on fences, subway kiosks, tele- graph poles and other prominent places theatrical posters and announcements. Those who responded to the "John Doe" summons served upon them and appeared before Chief Magistrate MeAdoo are: Artbur.«$mJia, treasurer of the Vhnderbilt Theatres-Mack Hilliard, J manager and treasurer of the Sejwyn Theatre; Freder- ick-' "Wildman, manager and treasurer of the North Star Theatre, 106th street and Fifth avenue; Samuel Rosenheim of the Lenox Theatre, Lenox avenue and 111th street; Ignata Dorsay, owner of the Har- lem Theatre, 110th street and Fifth ave- nue, and Joseph F. Mrnturn, a billposter, who said he was employed by the Yorkvtue Theatre. In court, Magistrate McAdoo told the defendants that under chapter 100, Laws of 1015, State of New York, the penalty is a fine of from $2 to $25, or ten days in jail. Then, after a consultation with the association's attorney, he announced that a written, warning not to violate the law further would be sent to managers, theatres and billposters, following which he ad- journed the hearing until February 3. Stella Hoban, Ernest Torrence and that ■humorous acrobatic dancer, Hansford Wil- son, play the leading parts in the comedy, which has been written by Anne Caldwell from a farce on the wayward husband and his trip on the night boat from New York to Albany. It is a beautifully staged and costumed production, having throughout the Dillingham stamp of good taste. The farce, however, is based on an old idea which is not presented in a particu- larly new way. Nor is it irrepreesibly funny. And it scarcely balances the spon- taneity of the cast and the excellent leads. It tells of Bob White, who becomes cap- tain of one of the night boats running from New York to Albany so that he can get away from his mother-in-law.' There is a collision, and Capt. Robert White is to be- honored with a medal and a gift of $5,000, but the mother-in-law is still sus- picious of this job that takes her daugh- ' tor's husband away from home so many ' nights each week. Just then another Captain Robert White appears and makes it clear that he is the only Robert White who is captaining a boat up the Hudson. The muddle grows even more complicated, for Bob White de- cides to have one more trip up the Hudson with the latest subject of his flirtations. His wife and mother-in-law also arrange to go an the same boat and find out wheuier or not he is the captain or a pas- senger. The boat scene gives the second act a particularly smart setting, and the yacht- ing costumes of this act are among the most attractive of the entire group of lovely gowns. The third act finds the complications reaching a climax, with nearly everybody but the mother-in-law happy and forgiven.' — • Jack Hassard is certainly never more at home than in such dilemmas as Bob White finds himself. Louise Groody's magnetic personality gives much life and distinc- tion to her graceful dances, and she is ex- cellently supported by Hal Skelly, Stella Hoban and Ernest .'Torrence, who have voices well suited to the musical enter- tainment. The Cansino brothers have an especially fine dance number. OPERA COMPANY STRANDS Baunuonx, Dec. 25.—Santa Clans, or. some other individual laden with the Yule- tide cheer called money, having failed to arrive here today, the Manhattan Grand Opera Company, which has been fulfilling an engagement .at the Lyric Theatre, ceased functioning as such, and the various members of the company are now here stranded. , However, despite the repeated promises over the telephone from New York that financial succor (sometimes spelled in a more simplified manner) would arrive, the promises coming from 'Manager Mark Byron/Xr* 'a benefit ' c u^i o erf has been 4(r- ranged for tomorrow; at which the follow- ing players have promised' ''io appear: Riccardo Martin, Cedia Brean, 'Giorgio Puliti, Marie Louise Richard, PQade Sinagra, Alice Hesleri, Helen Feebler, Luigi Finn! and George Gordon. The money realised from this benefit concert, it is expected, win be sufficient to take the entire company back to New York, where their operatic hopes first took root a short time ago. Once in New York, some of them say, they hope to collect in full the back salary doe them. At the office of Mark Byron,' Jr., here, on the sixth floor of the New Amsterdam Theatre building, where be occupies'desk room in the offices of the Aarona Aiso- dated Theatres, it was stated that he had not been seen in the office since the opera troupe he managed "blew up" in Balti- more. •TORE MABEL" REHEARSING "Dere Mabel" was put into rehearsal early this week by Marc Klaw. COLLIER OPENS JAN. 12 William Collier will open in his new vehicle, "The Hottentot," January 12. JEROME WITH WATERSON William, Jerome has joined the writing staff of the Waterson, Berlin A Snyder Oo.