New York Clipper (Feb 1923)

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February 14, 1923 THE NEW YORK CLIPPER 7 TEST OF SUNDAY SHOW LAW IS POST PONED UNT IL FEB. 27th Done at Request of William A. Brady Who Was Up on Charges For Pk-esenting Sunday Performance of "La Flamme"— He and Rev. Bowlby Have Heated Debate There were lircworks in the West Fifty- fourth Street Court building, but not m the court room when WilUam A. Brady, and three actors, appeared before Magis- trate Max S. Lcvinc to answer a charge of violating the law by giving a performance of "La Flamme," at the Playhouse last Sunday night and charging admission. Brady, surrounded by some 300 theat- rical people, who filled the court room to its capacity, stepped from their midst as the case was called and informed the magis- trate that he had very pressing business to attend to in Atlantic Gty and therefore would like an adjournment of two weeks. As there was no opposition to this applica- tion by the Rev. H. L. Bowlby, president of the Lord's Day Alliance, who was rc- I sponsible for the summoning of Brady and j the actors, the hearing was set for Tues- I day afternoon, Feb. 27. Those who came expecting to sec a battle royal staged between Brady and the Rev. Bowlby, who consider each other "old ene- mies," were disappointed as far as court room pyrotechnics were concerned, but were rewarded by listening to outbreaks before and after the hearings in the cor- ridors of the building. Prior to the hearing, the two met each other face to face in the small corridor out- side of the court room and Brady at once started to vent his feelings as to Bowlby's purpose in bringing the charges. He told him that it was Just a malicious deed and persecution on his part The latter started to reply when a court attendant stepped into the breach and told them to get inside of the court room. After the case was adjourned and Brady had left the court room he turned to a number of reporters and remarked: "I would like to know if there is a law for Americans only and another for foreign- ers." "Why don't they devote their efforts to stop the indecent performances that are -'being given every Sunday in this city in- stead of interfering with decent, clean and respectable shows. Why, I can take you boys down to the East Side of New York and show you where complete burlesque shows'and legitimate attractions are given every Sunday afternoon and night, and the Lord's Day Alliance do not come to the fore to suppress them. Why even a short -distance from this theatre a burlesque per- formance is given every Sunday night. Continuing, Brady said: "Now, boys, I'll give you the low down on this thing. The Rev. Bowlby has been fighting me for the past seven years, ever since I was the head of the National Association of the Motion Picture Industry, when I went to Albany in behalf of legislation for Sunday pictures. I beat him up there and he is trying to continue the battle now." At this point a reporter interrupted and said, "Mr. Brady, the Rev. Bowlby re- fers to you as the ringleader of those who are putting on Simday shows." "Is that so," he snapped back. "Let me tell you something. If he called me a rin^ leader, he is a walking delegate. Ill say more, he is a profiteer in morality. And when he picked me to fight he picked a live one, and I'll have more to say in the fu- ture, when I come to bat before the court. I'm not through with him by a long shot" Bowlby, who was standing close by, with a score of his supporters and witnesses, heard the attack the theatrical magnate made on him and replied, "I am not prose- cuting any one party, but I am trymg to have the law obeyed and_ enforced. It is not a Blue Law but it is a law on the statute books of the state and must be obeyed. Why if the court permits these Sunday shows, the actors will have no day of rest in the theatres at all, they -will have to work seven days in the legitimate houses as well as in the vaudeville theatres." He then stated that Saturday afternoon he sent two men to the Playhouse and they purchased two seats for the Sunday performance at the box-oflfice and paid $2.75 each for them, and that on Sunday two other men purchased two seats for the performance at the box-ofiice and paid $3.30 each for them. From the trend of Bowlby's conversa- tion, it is believed that he is prepared to go through with the case and attempt to obtain a conviction, as a test case, so that he can then proceed to have the Simday concerts or vaudeville performances also barred. The three actors, John Cromwell, Jack Greaves and Mary Hopkins, who were summoned along with Brady by Sergeant Julius Schnau and Patrolman Christopher Foster, who witnessed the performance were also in court. Much interest in the case is being shown. BIG TAX ON TENT SHOWS Austin, Tex., Feb. 12.—Much opposition from theatrical interests has appeared against a bill introduced in the legislature and already favorably recommended by a -committee of the State Senate, which would impose a flat tax of $40 a day upon all tent shows playing, in the State. The wording of the bill is such that no distinction is •drawn between tent shows playing^ drama- tic offerings and circuses and carnivals. _ With the addition of cotint)- and city licenses- the license for tent shows, were the bill to be adopted, would be $80 a day. Due to the climatic conditions and trans- portation facilities there are more tent shows playing Texas than any other state. It is said that if the bill is passed that it would cause these companies to suspend operations, as the toll would be too heavy for them to continue and show a reason- able profit. NO SUNDAY FILMS FOR TENNESSEE Memphis, Tenn., Feb. 12.—The bill to prohibit Sundajr movies in Teimessee was passed by the State Senate today by a vote of 18 to 7. Senator Frank Gailor, of Memphis, an opponent of the bill, changed his vote to the prevailing side and en- tered a motion on the journal to recon- sider. This gives him possession of the bill for two legislative days and will prob- ably make it impossible for the bill to be- come a law until after next Stmday. Theatre managers will hold a confer- ence with their attorneys, to discuss plans for carrying the law before Supreme Court for a final test of its validity. They believe the high courts will not look with favor upon the legislature that legalizes Sunday baseball while banning other amusements. WYNN SHOW NEARING END Ed Wynn's current revue, "The Per- fect Fool." is nearing the end of its nm. Preparations are already under way for a new revue in which the comedian will be starred under the management of A. L. Erlanger. The piece will open out of -town and come into a metropolitan theatre ■in the early spring. "LADIES FOR SALE" OPENS Buffalo. Feb. 13.—"Ladies for Sale." the new play by Porter Emerson Browne, which the author is presenting himself, opened at the Majestic Theatre here last night. The play will stay out for one or two weeks after it closses its engagement here Saturday, and plans are being made to take it into New York at the earliest possible moment thereafter. Browne is now looking for a theatre. CHICAGO SHOW RECEIPTS DROP Chicago. Feb. 10.—Show business here the past wedc received'a big setback. At- . ten<lance has been way off. Beginning |ast. Sunday with the thermometer below zero, patrons of the theatres remained indoors, but milder weather followed. Even with this change, attendance at the houses in the loop wias small. Considering this is the week before Lent and usually a good show week, it proved a big disappointment to all the managers. Only one new produc- tion is promised theatregoers next week. Another mystery play, under the title of "The Monster," written by Crane Wilbur, who will act in his own play. "The Twist," also a mystery drama, which has been playing to small attend- ance at the La Salle, will move over to the Playhouse to make room for "The Monster." Grace George leaves the Playhouse to- night, her play, "To Love," being too talkative and getting little business. Next week will be the last for "Torch Bearers," which has had a very poor run at the Powers. Ina Claire will replace this comedy with "The Awful Truth." Wallace Eddinger and Mary Nash, in "Captain Applejack," frill remain only two weeks more at the Harris, when it will'be succeeded by Frank Keenan in "Peter Weston," which comes to this theatre on February 25th. That same night will see the return of Taylor Holmes, who enjoys quite a following in Chicago. Holmes will offer a new mystery play called "The Rear Car." This play follows Mrs. Fiske at the Cort Theatre. On that same night "The Blimp," a drama with Herbert Cor- tliell featured will replace "Shuffle Along," which is nearing the end of a most suc- cessful run at the Olympic. "Elsie," the musical comedy which opened a few weeks ago at the Illinois, will end its engagement here next Saturday night. "Springtime of Youth," a musical comeidy, is slated to replace it. "The Last Warn- ing," with a Chicago cast, which opened at the Blackstone Monday night, received splendid press criticisms and is considered one of the best mystery plays to reach Chi- cago. Just now mystery plays in the Wuidy City are drawing well, with "Zeno" playing at the Great Northern to big houses and the "Cat and the Canary" at the Princess, which has reached its 200th performance in Chicago and still doing well. "For All Of Us," William Hodge's offering at the Studebaker, is still going along playing to good houses, and no doubt will remain with us a long time.' "So This Is London," that pleasant comedy at Cohan's Grand, is dropping off and nearing the end of its run. "The First Year" will soon terminate its engagement at the Woods Theatre, where it has not received, the patronage anticipated. "Sally" is still the big musical comedy hit, and Eddie Can- tor in "MaVe It Snappy" is holding his own at the Apollo. "Partners Again" is still a bifT hit at the Selwyn. The Auditorium will offer four weeks of opera with Rus- sian grand opera. Following this on March 19th "The World We Live In" will make its bow to Chicagoans. WICHITA BUSINESS BIG Nearly every attraction that has played the Crawford Theatre, at Wichita. Kan- sas, the i>ast few weeks reports the busi- ness there very good. That city is having a wave of prosperity in all lines of busi- ness, and Manager L. Martling states business is growing better every week. He has some desirable open nights during February, Mbrch. April and May. RE-WRTHNG "PAPA JOE" "Papa Joe," the new William Ricctardi play in which the well-known Italian ac- tor made his debut as an English-speak- ing player, has closed after a short out of town tour. The piece is being re-written and will reopen within the next few weeks. It was well received in the break-in towns. "SPORTING THING" FOR RITZ Thompson Buchanan, author of "The Sporting Thing to Do," has had his way after all and the play will be offered to New York playgoers, for six weeks at the Kitz Theatre, beginning next Monday night Emily Stevens will be starred in the play and Oliver Moroi^co will produce it This play was to-have opened A the Morosco 'Theatre on Fd>. 5 to take the place of "Michael Angelo." Advance pub- licity and advertising announcing the opening had been placed, when Buchanan issued a statement saying that, due to the fact that the Morosco Holding Company, which was producing the play, insisted that a certain person remain in the cast despite the protest that the author made that the person was not the type for the part, he would not permit the play to open with that party in the play at the Morosco Theatre. 'This was after the play had been on tour for three weeks. Morosco agreed with Buchanan at the time, and informed the author that he did not approve at all of the stand taken by the Board of Directors of the Morosco Holding Company that this person remain in the play. After the play had been called off by Buchanan, he obtained the return of the script, and also a release of interest in the play by the holding com- 'pany. Last Sunday, after a conference t>e- tween Buchanan, Morosco and Miss Stevens, it was agreed to go ahead with the ^y, make the change in cast, and the Ritz Theatre was subleased for the unexpired portion of a ten weeks' stay which Frank Eagan, of San Francisco, had oa the house for his play, "The Hum- ming Bird." Morosco is paying Eagan $4,000 a week for the theatre. Clata Joel has been added to the cast NO SHUBERT SHOWS FOR BMPORIA Frank Beach, manager of the Auditor- ium at Emporia, Kas., has found hunself in a predicament ai the result of cancelling "Tangerine" which was to have played his house this week. Beach two weda ago wrote Jules Murry of the Shubert office that due to the fact thiit a Rev. Raybume was going to hold a Lenten revival in Emporia this week he did not feel that it would be right for hint to play any imisi- cal attractions and asked that the "Tan- gerine," date be cancelled. Many oo re- ceipt of the letter answered by saying that all Shubert booked attractions would be cancdled in the future and that Beach need not apply for any more attractions from him. Beach at once took the matter to heart and through the columns of the local paper told the populace of Emporia, what had transpired as a result of his excelling the show. Several prominent citizens wrote letters to Murry to reconsider his decision, but it is said, he will stand firm. During the course of the revival Stuart Walker, however, will play the Auditorium in "The Book of Job," whidb is a biblical play and an opportime offering for the Lenten period. This attraction was booked through the Klaw and Erlanger office. Whether or not the K and E, booking office, of which 'Victor Leighton is the head, will co-operate with Muny and re- fuse the house future bookings could not be ascertained. The theatre plays on the average of one attraction a week and al- ways does good business. "SPRINGTIME" FOR CHICAGO "Spring Time of Youth" which is play- ing the Rivera Theatre on the Subway Circuit will at the clc»e of its en^ge- ment Saturday night jump to Chicago where it will open at the Studebaker Theatre next Monday. It was expected - that the show would close at the conclusion of its engagement at the Rivera as the two week notice had been posted in the Bfajestic Theatre the week before. HILLIARD CO. TO DO "THE HOUST' "The House," a new drama by Glen Mc- Donough, has been selected as the initial production of the Mack Hilliard Theatrical Corporation, a new producing firm. CAST CHANGES FOR 'WILDFLOWER' Three changes in the cast of Arthur Hammerstein's new musical comedy, "Wildflower," which opened at the Casmo Theatre last week, will be made shortly. Two men and a woman are to be let go.