The New York Clipper (January 1920)

THE NEW YORK CLIPPER . .January 14, 1920 WHITE RATS FUNDS DIVERTED SU PREME C OURT RULES Union Had No Right to Build Clubhouse; Mountford and Fitz- patrkk Abo Failed to Give Satisfactory Accounting of $10,000 Fund The long awaited decision and order of Supreme Court Justice MifaAal, on the report made by Referee Louis Schulden- frei aa to the affairs of the White Rata Actors Union, was made last week and —sjfctan of an affirmation of the.report. The investigation made by Referee Schul- denfrei was started upon the application of GoIAie Pemberton, a member of the onion, who alleged that money had been wrongfully handled and disbursed. Justice Mitchel declared that $10,478 had been diverted by Harry Mountford and William Fitzpatrick, in that they had deposited the money in their own names and had never satisfactorily accounted for it, and that the union is insolvent. He directed that costs be awarded to Miss Pemberton against the union and its directors, among whom, according to the decision, are Fred Niblo, Frank North, Sam Morton, Junie McCree, Johnny. Bell, Geo. E. Delmore and others. The decision does not state which of the directors, all of whom are named, approved of the forma- tion of the realty company, which built the onion's club house. Mr. Sciuldenfrei, in his report, set forth that, pursuant to the Order of reference, the respondent union filed with him a summary of the nominal assets and liabil- ities, as of June 1, 1917, showing $117,- 571.80 worth of the former and. $72^50.35 of the latter. Among the assets, he de- clared were "included $101,000 for shares of stock invested in the White Rats Realty Co." "I find as a fact that snoh stock is en- tirely without value," the referee con- tinues. "Another item, $16,239.83. ia for money loaned to members for which re- spondent received promises of repayment on demand. That is also without value. The respondent, therefore, is insolvent." The order of Justice Mitchel, in full, is aj follows: The petitioner. Goldie Pemberton, herein having filed her petition verified May 1st, 1917. and having obtained an order from Mr. Justice Erllnger. dated May 2nd. 1917. re- quiring the respondent White Rats Actors Union of America to show cause before me or one of the other justices of this court why the said 'White Hats Actors Union of America, with Its books, Touchers, papers and documents, should not be subject to the Inspection and visitation by a Justice of this court, or by any person to be appointed by the court for that purpose, and the said order bavins; been served upon the said re- spondent union, and upon some of Its direc- tors, to wit: Fred Niblo. Frank North. Sam Morton. Ernest Carr. Junie McCree. Johnny Ben. George E. Delmore. Frank Herbert. James F. Dolan, Otto Stelnert. Barry Con- nors, Jim Marco, Theodore Babcock. Rob- ert H. Hodge, Edward Archer, Will P. Conley. Joe BIrnes. "James" Greenfield, and "Victor" P. Wo rm w o od, first names "James" and "Victor," being fictitious, real first names being unknown, and . Arthur Winiama, and thereafter the said respond- ent union, together with certain of Its said directors having appeared In said proceed- ing and having answered the petition of the petitioner herein and the said proceeding having duly come on to be heard before me thereafter, and such proceedings having been had therein, that on October 3rd, 1917. an order was made by me herein bearing date on that day and entered In the office of the Clerk of the County of New York on October 4th. 1917. granting the prayer of the said petition, and referring said matter to Hon. Lewis Schuldenfrei, aa Referee, pereralng It under Section 16 of the Mem- bership Corporation Law, and thereafter, the petitioner, respondent, and respondent union having duly appeared before said Referee, the petitioner having appeared by her attorneys. Joseph and Alvin T. Sapln- aky. by Alvin T. Saptnaky of counsel, and the respondent and its directors having appeared by their attorneys, Joseph J. My- era and O'Brien, Malevlnaky and DriscoU, and the said parties bavins;' duly submitted their proofs and exhibits, and the said Referee bavins; filed his report of said pro- ceedings In the office ot the Clerk of the Supreme Court, New York County, on May 30th. 191>. and thereafter a motion having been made before me to confirm the report of the said Referee, and respondent union having appeared in opposition to said mo- tion, by Joseph J. Myers, Esq., its attorney, and the petitioner bavins appeared In sup- port of said motion by her attorneys. Joseph and Alvin T. Saplnaky. and due delibera- tion having been had thereon: Now, upon reading the report or the said Referee herein filed on May 20th, 1919, to- gether with all exhibits and testimony taken In the said proceeding filed herein with the report of the said Referee and upon reading the order of Mr. Justice Mit- chell bearing date. October 3rd. 1917, and filed In the office of the Clerk of New York County on October 4th, 1917, and upon read- ing all of the papers and proceedings re- ferred to In the order of Mr. Justice Mitchell above mentioned, and upon reading and fil- ing the notice of motion to confirm the report of the Referee dated June 12th. 1918, and the deliberation having been had, it Is, on motion of Joseph and Alvin T. Saplnsky, attorneys for the petitioner. Ordered that the report of the Referee herein. Hon. Lewis Schuldenfrei be and the same Is hereby In an respects confirmed and approved, and It is further Ordered and 'decreed that A—The respondent union is not possessed of any assets and Is Insolvent B—The respondent union Is not possessed, of or In receipt of any annual Income C That the sum of $146,000 assets, be- longing to the respondent union, have been diverted to a purpose for which said re- spondent union was not incorporated, to wit, for a real estate venture, to wit, the erection of a clubhouse in the borough of Manhat- tan, City of New York, known as the White Raf s clubhouse. ' D—The sum of 110,478 assets belonging to the respondent union were diverted by its International president, James Fltzpat- rlck. and its International secretary-treas- urer, Harry Mountford, by their depositing said moneys pelssging to said respondent union In an individual bank account stand- ing in their individual joint names, of which funds the said James Fitrpa trick and Harry Mountford have rendered no accounting to the respondent union. E—The respondent union has been en- gaged In business other than that specified in Its Certificate of Incorporation by engag- ing In a real estate venture in the forma- tion of a realty stock corporation known as The 'White Rate Realty Company, under the laws of the State of New York, and in the erection of the said clubhouse building, and it Is further . __^.._ Ordered, adjudged and decreed that the petitioner herein recover of the respond- ent union and its directors above mentioned to wit: Fred Niblo. Frank North. Sam Morton. Ernest Carr. Junie McCree. Johnny Bell, George E. Dellmore. Frank Herbert. James F. Dolan. Otto Stelnert. Barry Con- ners, Jim Marco, Theodore Babcock, Rob- ert H. Hodge, Edward Archer, Will P. Con- ley, Joe Blmes, "James" Greenfield, and "Victor" P. Wormwood, first names "James" and "Victor" being fictitious, real first names being unknown, and Arthur Wil- liams, the costs of this proceeding, to be taxed by the clerk of this Court, and that said judgment be entered by the Clerk of this Court, without further' order of this Court, and that the plaintiff have execu- tion therefor. WANT CENTRAL TICKET OFFICES The Producing Managers* Association is thinking of opening their own ticket agen- cies, and are said to be seeking offices at which to do so. It is their intention to sell tickets to all attractions under their juris- diction at box office prices. This action is the outgrowth of the fight made upon ticket speculators, which resulted in a victory for the latter, when Judge Rosalsky handed down a decision declaring the Williams- Kflroe act against ticket speculation illegal and unconstitutionaL One of the offices will probably be in the theatrical district and the other ia the downtown financial district. Some man- agers are advocating the closing of box of- fices except after 1.30 on matinee days and 7.30 at night, when all tickets that could not be sold at the agencies will be placed on sale. A committee has been appointed and is now at work selecting desirable locations and working out the final details of the plan. MRS. DOCKSTADER DBS , Mrs. Lucin Dockstader, wife ot the min- strel, died last week from pneumonia. She was sixty years of age and had been ill since January 1st, Dockstader himself has recently recovered from a nervous break- down. . i Dockstader has been having a lot of ill luck recently. His grandson, Eugene. Stephenson, is ill with pneumonia and his home, at Long Branch, L. I., was destroyed by fire on Wednesday of last week. The fire made it necessary to remove the body of his wife, who had died the night before, from the house and to carry his grandson to a place of safety. The extent of the damage done to Dockstader'a home is not known. REMODEL AMST. OPERA HOUSE The New. Amsterdam Opera House, on West Forty-Fourth Street, owned by A. J. Bimberg, will no longer be available for rehearsals of productions or vaudeville acts o accommodate balls and other affairs. Work was started last week on the entire remodeling of the building, which will be changed into a complete motion picture studio. The Famous-Players Lasky Cor- poration have been using the top floor of the building as a studio for some time and will continue to do so. But the other floors are being arranged into up-to-date studio 'apparatus by Bim- berg himself, who will lease them. TIMBERG'S SHOW OPENS Herman Timberg's musical production, known as "Round the Town," opened on Tuesday night in Syracuse. It was for- merly called "Tic-Tac-Toe" and is an elaboration on "Chicken Chow Mem," which toured in vaudeville for some time. The piece is expected to reach New York in a few weeks. Timberg, himself, will apear in the cast, in which will also be seen Jay Gould, Flo Lewis, Hattie Bowling, Timberg's sister; Pearl Eaton, George Mayo, William Bentz, James Guilfoyle, Beatrice Doane, Charles Marsh, Dora Hilton and Eddie FrankeL IMPROVING SCHEUTZEN .PARK North Bergen, N. J., has for many years been the rendezvous of the large German clubs, which have used it as their picn ickin g grounds. During the wax, the park served as a base hospital and its usefulness having passed, it win now be improved and con- verted into an artificial beach. There will be a swimming pool, 150 by 300 feet, with a fifty foot beach on either side. The tank will hold 2,000,000 gallons of water, and the bathing houses will ac- commodate 6,000. Frank SHTImsn, who pro- moted the Bronx Exposition, is backing the new enterprise, which is to be conducted by Aeschback, Schwartz and SHTImsn Amusement Company. MABEL TALIAFERRO WEDS AGAIN Stamford, Conn., Jan. 12.—Mabel Talia- ferro, legitimate and motion picture star, has taken a third chance in matrimony by marrying Captain Joseph P. O'Brien, of Orange, N. J. t in Darien yesterday after- noon. Miss Taliaferro was married in 1907 to the late Frederic Thompson, the theatri- cal manager, and divorced him in 1911. In 1912 she was married in Michig an to Thomas J. Carrigan, the actor, from whom she separated last year. She was granted a divorce last May. v CORPS SON MARRIES Cincinnati, O., Jan. 9.—J. B. Cort, manager of "Roly Boly Eyes," was married here today to Maude Fealy by Justice of the Peace Harold Hilton. Cort, who is the son of John Cort, theatrical producer, met Miss Fealy right years ago in Seattle, where she was playing in one of his father's com- panies. The bride formerly was the wife of Louis Sherwin, recently New Tork dra- matic critic but now with the Goldwyn Film Company. » LEAVES COHAN AND HARRIS Daniel McCarthy handed in his resigna- tion to Cohan and Harris last week to take effect at the firm's earliest conveni- ence. For the past fourteen years McCar- thy has been fin»»<«^ei manager and auditor for the Cohan and Harris organization. OKLAHOMA CITY GETTING HOUSE Oklahoma Cett, Okie-, Jan. 12.—Okla- homa'City is to have a brand new picture palace all its own. J. H. Cooper, ot Wichita, Kan., is the builder and the new house will bear his name, being known as "The Cooper." It ia to cost, according to announcement, in the neighborhood of ^900,000 and will be able, when completed, to accommodate 2,000 people. CORT BUYS ANOTHER The John Cort office la»i week announced the acquisition of "Fool's Game," by Crane Wilbur and an operetta as yet unnamed, by Harry L. Cort, George E. Stoddard, Irwin Cortland, and Louis KroIL for an early pro- duction. Mande Fealy has been engaged for the Wilbur piece and, in support, are Leonard Wflley, Corbet Morris, Edward J. Keenan, Maida Turner, O. Henry Gor- don, Virginia Case, Mary Emerson and Josephine Dupree. DAUGHTER GETS HALL ESTATE Aside from $1,500, bequeathed to her sister, Pauline Hall left the bulk of her estate to her daughter, Pauline McLellan, who is to receive the income from it until she marries, at which time she is to re- ceive one-half of the trust fund. In the event that the daughter should die, the money now left to her will go to Miss Hall's sister, in addition to the $1,500. BUY WORLD RIGHTS Comstock and Gest have acquired the English producing rights to "The Light of the World" from the authors, Guy Bolton and George Middleton. The play, according to present plans, will be presented in Lon- don on Easter Monday. Robert Milton will leave for London at once, to stage the piece. CURCI GETS $80,000 FROM WIFE Luigi CurcL husband of Galli-Curci, the soprano, has obtained a divorce from him in Chicago, courts recently, has received $80,000 as settlement of all property rights held jointly by them in Italy and elsewhere. MAXINE ELLIOTT OPENING Marine Elliott will shortly make her ap- pearance on the stage again and, on Mon- day night, in Washington, will open in Wil- liam Hurlburfs new four act comedy "Trimmed in Scarlet." JOINS NEWPORT COMPANY Newport, R» L, Jan. 12.—Paul Donah, leading man, has joined the LaFayette Players at the LaFayette Theatre here, as leading man. The company is nndex the direction of Kendall-Weston. ACTRESS ENTERS POLITICS Cambbidge, Masa, Jan. 8.—Mrs. Albert Pfeiffer, known to the stage as Alexandria Carlisle, today announced her candidacy as delegate to the Republican National Con- vention from the Eighth District O'HARA DOES $4,600 Fail. Bjvkb, Jan. 0.—The opening week of Warren OHara and his stock company here, with "The House of Glass" as the MB, netted him a profit of $4,800. BUY AUSTRALIAN RIGHTS Ben and John Fuller, among the most prominent theatrical managers in Austra- lia, have purchased from Charles Sumner the producing rights to The Natural Law." RUBINI AND ROSA Bnbini and Rosa, whose photographs are reproduced on the front page of this week's issue of the CtiPPEB. have signed for the season as a special feature and added attraction with the AL Reeves Beauty Show. Rubini is an accordionist, and was for- merly of the team of Rubini and Martini, while Rosa Is a concert singer and violin- ist. They are scoring a big success with the show and are under the personal direc- tion of Joseph E. Shea.