New York Clipper (Feb 1923)

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THE NEW YORK CLIPPER LEGALTET OF SUNDAY SHOWS TO BE AHGHTTO THE FINISH WiDiBin A. Bra^, Whose Sunday Pecfbrmance of "La Flamme" u Seen as a Test Que—Resents Equity's Attitude on Sulv ject and Invites Bowlby and GillnMHre to Debate Question From all indications a fight to a finish contest is on anent the legality of Sunday perfoimanccs—or "legit" pcrfonnanoes, to be more specific. William A. Brady started the rumpus by giving a snbscriptioa- performance of the French plajr, "La Flamme," at the Playhonse on Sunday evening. February 11. Where it will end can be answered tmly by a clairvoyanL Nevertheless it has- taken the course of '3. typical Irisli. argmnent in that everybody seems, to want to- get into it Brady, who ts^ noted as the best self- ^stBTter in captivity, has thrown his hat :iiita the ring, with a vengeance and- will <can;-his legal fight for the sustenance of opinion-that Sunday legit performances ve legal to the highot courts before be will, concede defeat. While, on the other tiawiit^ the-Lord's Day Alliance and Sabbath Societies will fight just as hard: as Brady to influence a-decision from the courts that wiU- settle for once and' all times the legal status-of Simd^ performances,. Otber managers me- iutei e atcd : in. the outcoine of the Biady case only to the extent that it will be the first test case of the Sunday law that will have traveled through, the entire riiannrli of - leg^ pro- cedure in the history, of the metropolitan theatre, The reform elemen^ however, are de- tErmined upon a oonvictioa lest there be a- precedent established whereby;- Sunday showa of all. dcscrijgooaa would become legal in this state. They are more inter- ested in obtaining- a. decision via the Brady case that will snstaia- their contention- that Sunday shows are illegaL Their anxiety over ue particular case is that if Brady wins out other managera- osay- follow suit The Actors' Equity. Association have not hesitated in declaring their views upon the subject. The day after Brady liad been arraigned in court to answer a summons for having given the performance. Fiank Gillmare; executive secretary of the actors' organization, issued the following state- ment; "We believe in the age-old principle) 'Six days shalt thou labor,' particularly when it affects a delicate ait like that of acting. "The cotmcil instmcts all mend>ers of the A. E. A. to decline to apjiear in Sun- day performances of a dramatic and musi- cal comedy dassifiration, such being within our jurisdiction, whether for so-caUed sul>- scription performances or otherwise, ex- cept when they are for bona fide bmefits. "Equity has carefully, investigated Mr. Brady's production of 'La Flamme' at the Playhouse and is convinced that it was a public show and that the word 'subscrip- tion' applied to it was a subterfuge. Any other attempts of a similar nature will re- sult in our members being forbidden to take part in the performance." When Mr. Gillmore's- statement was called to the attention of Mr. Brady, the latter was both surprised and piqued that the actors' association had chosen to line up with the reformers. He particularly resented the insinuation that the Equity had investigated the perfonnance and wound up by saying that while he was not seeking a quarrel with either the Equity or the Lord's Day Alliance he would be pleased to ddate the (question of Sunday performances before either of their or- ganizations. Mr. Brady stated: "I seek no quarrel with the Actors' Equity, but in this case I resent their butting in and prejudging my cause, which is to. be heard before proper judicial au- thority in a short time. Tbb. interference by. them in my affairs is an impertinence on- their port,, and they inigfat better- oc- cupy their time remedying their own troubles." Up to press time neither Mr, Gillmore nor Rev. Bowlby- had accepted the Brady challenge to debate. While the New Y6rk theatrical center was focused upon the Brady controversy, theatre managers across the river in Jer- sey were also having their hands fulL A controversy has been waxing hot against all forms of Sunday entertainment in that State. Thb police authorities have carried the campaign against Sunday shows far enough to "reach the I.fntfn production of "The Passion Play," which is being spon- sored by Father Joseph N. Grieff, rector ' of the Holy Family Roman Catholic Church at Union Hill, N. J. "The Pas- sion Play" had been given in the Audi- torium for years without interruption. This year it seems to have become enmeshed in the crusade the reform element are waging against Sunday shows in that' state. Father Grieff was served with a summons after the performance on Sunday and was found guilty of violating the Sunday law and fined $1 when arranged in the Magistrate's Court. He paid the fine, but added that he will continue to give the play for the re- maining Sundays of Lent, regardless of what anybody says. During the course of the week, howeyeV, Recorder Haunstein made a careful study of the act, with the result that the fine was retracted and Father GrieS's dollar was returned to him Haunstein stated re- ligious performances are excepted In the dictates against Sunday theatrical per- formances. BILL TO REPEAL CENSORSHIP UP Aibahy, N. Y., Feb. 19.—Senator James Walker and Assemblyman Donahue, Democrat leaders, intrt>duced the bill last week for the repeal of the State motion pactnre censorship law*. Much opposition is expected from the Rcpid>lican nnlcs whoM par^ at present are in omtrol of the various jobs attached to the censorship commission. The fight of the Repoblicans is being led fa^ Assem- Ujrman Clayton, father of the original law. On the other hand. Democrats are confideat that the censorship repeal will be passed shortly. A hearing on the new bin will be held before the Assembly Ways and Means Committee on Feb. 27. SUES FOR STAGING 'OHKIRMAT" Edjar J. Mac Gr«gDr filed suit last wedc against Edgar WUteml for the tnm of $600 which he claims !• due him for hts work m staging "The Doormat" whkh was prodiu'cd recently at the PBuii and Jxtif Theatrb HacDERMOTT SUIT TRANSFERRED The suit of Miriam Nesbit MacDermott actress who appeared in the past with many of the big stars, and who is the wife of Marc MacDermott, actor and motion-pic- ture performer, against Stella Helen Gil- morc, vaudeville actress, has been trans- ferred from Westchester county to New York, according to papers filed last week in the Supreme Court In the suit Mrs. Mac- Dermott asks for damages amounting to $20,000 for the alleged alienation of her husband's offcction. Mrs. MacDermott is also suing her hus- band for a separation and bad him arrested because she alleged that he would leave the state to avoid the payment of alimony. She also had Miss Gilmore arrested. ACT TO BE MADE INTO SHOW "Remnants," the vaudeville playlet by Raymcnd Bond, is to be elongated into a -three-act comedy and will be given an early production Iqr Beaux Arts Produc- tions, Inc. . CHORUS MASTER'S SUIT SETTLED The action, originally started in the United States District Court against the Chicago Opera Association, Inc, by Attico Bemabui, chorus master who sued for $3,- 7S0, has been settled out of court through Alfred Beekman, of House, Grossman & Vorhaus, attorney for Bemabini. When the suit was filed sometime ago. Bemabini, who is well known in operatic circles as an assistant musical conductor and chorus master, set forth in his com- plaint that he had been engaged as chorus master for the Chicago Opera Company, for the seasons of 1920-1921, and 1921- 1922, by H. M. Johnson, executive director of the company, on May 7, 1920. Subsequently, he alleged, he fulfilled his duties faultlessly for a period of 32 weeks which over-lapped one season. Then George M. Spangler, business manager ot the opera _ company told him that Mary Garden, did not think his contract wa5 still in force. Being that it was mid-sea- son and impossible tor him to get another position at that time, the chorus master sued for damages and salary due him at the rate of $150 per week. "CINDERS" OPENS ON MARCH 19 "Cinders," Edward Royce's new musical production, which went into rehearsal last week, will have its im'tial performance at the National Theatre, Washington, on March 19,' and on Easter 'Monday will be presented at the IFulton Theatre, succeed- mg "Secrets," which will-be moved to an- other house. The book and lyrics of "Cin- ders" are by Edward Clark and the mu- sical score is by Rudolph FrimL Those selected to appear in the attrac- tion are: Nancy Weltord, Walter Regan, Queenie Smith, Fred Hillebrand, Margaret Dale, who was recruited from the movies; George Bancroft John Brewer, Lillian Lee, Maiy 'Lucas, Roberta Beatty. Estelle Lavelle, Jack Whiting, Kitty Kelly, AlU King, Dagniar Oakland, Elva Pomfret Eden Grey,' Evelyn D'Arville, Diana Steg- man, Louise Bateman, Vera de Wolfe. Ger- trude MacDonald, Elaine Cholson. Mildred Lunnay, Sydney Reynolds, Abner Barnhart Nathaniel Genncs, >Denny Murray, Frank Curran and Thomas Fitzpatrick. Victor Baravelle, former musical direc- tor for "Ziegfeld's Follies," has been en- gaged as musical conductor for '<jnders." WOODS SUES APOLLO BUILDERS Chicago, Feb. 19.—Al H. Woods filed suit last week in Circuit Court against the Longacre Engineering and Construc- tion Company, contractors, to recover ap- proximately $500,000 alleged to have been paid in excess of the estimated cost of the Apollo Theatre: The Apollo was constructed on a "cost plus" ^ basis contract allowing the con- struction company to add 8 per cent to the total cost of building the house as its profits for doing the work. Virtually all of the work was sublet by the Longacre company at what Mr. Woods claims were exorbitant prices. AH of the sub-con- tract figures are questional by bim in his suit According to Woods, the price estimated as the cost of building the Apollo would be $500,000, but when the theatre was fin- ished the cost was nearly twice that figure, the complaint states. 'TEN NIGHTS" TO BE REVIVED A new copyrighted version of "Ten Nights In A Bar Room," will have its premiere under the auspices of Arthur C. Aiston and James W. Castle on March 1st at the Strand theatre, Pittston, Pa, It will play three days there then go to the Academy, 'Scranton, a week and then to the Lyceum theatre, Pittsburgh, for the same length of time. Following this route the producers will have it play the subway circuit in New York and Brooklyn. Heading the cast will be Frank Base in the role of "Joe Morgan," which was formerly played by the Rev. Robert Down- ing, the Evangelist actor, who will be sup- ported bjr Fred Hoadley, Dorothy Galland, Jack Collins, Fred McGuirk, Madge Christie, Qaire Gonska, and Harry lOapn. Castle, will manage the show and J. Jackson will be in advance. Febmaiy 21, 1923 CHICAGO SHOWS DOING POORLY Chicago, Feb. 19.—Although last week was cold and clear, business in the loop theatres was not up to expectations. There has been a noticeable slump for the past few weeks and now that Lent is here, the theatres are begging to feel it more so. Two new shows are promised for next week. Ina Claire comes to the Powers with "The Awful Truth" and "In Springtime of Youth" follows "Elsie" at the Illinois. Both openings are scheduled for Monday night With the opening of the "Monster" at the LaSalle last Sunday,- this town is getting more than its share of mystery plays. "The Monster" hasn't anything special to recommend it aside from the fact that it is very spcolqr. Other mystery plays which are enjoying good attendance are: "Zeno" at the Great Northern; "The Last Warning" at the. Blackstone; "The Twist" which is now playing at the Playhouse, and the "Cat and the Canary," which is enjoying the longest run of any play this season at the Princess. On the 25th "The Rear Car," another mystery play, will follow Mrs. Fiske at the Cort Theatre. On that same night, Frank Keenan will bring "Peter Weston" to the Harris following the short nm of "Captain Applejack." When "The First Year" ends its engagement March 10, "Light Wines and Beer," a new show with Joseph Caw- thom, George Bickel, Matilda Cottrelly, will come to the Woods. William Hodge in "For All of Us" is still doing splendid business at the Studebaker. "Farmers Again" remains an outstanding hit at the Selwyn. Eddie Cantor is enjoying unusual good patronage at the Apollo and "Sally" is still holding its own at the Colonial, but it is a question whether it will be able to last out the predicted long engagement at such a high rate of admission. "So This Is London" remains at Cohan's Grand and next week will be the final week for "Shuffle Along" at the Olympic. "The Blimp" will replace this all-colored show. PROTESTS AUDITORIUM RAZING Chicago, Feb. 19.—Plans filed in the Cir- cuit Court here calling for the razing of the Auditorium Hotel and theatre, Chica- go's leading hostelry during the world's fair of 1893 and the local home of Grand Opera for over a third of a century, and the erection of a modem twenty-two-story building on the site will not be carried out if Ferdinand W. Peck, prominent in the financing of the structure, has anything to say. Intimation that plans had been made to replace the property was contained in suit filed in the court to perfect titles. The bill stated that the structure was obsolete and had never paid dividends. Mr. Peck said, "since 1887 the Audi- torium has been my child. As long as I live I will not let them tear it down. The Auditorium is not obsolete I say it has paid. The prestige that has come to Chi- cago because of the building and the opera house it contains has not only added to the value of real estate and other interests, but has promoted entertainment for the peo- ple." At the opening of the building on March 17, 1890, Benjamin Harrison, then Presi- dent of the United States, delivered the principal address. "THE WASP" LOOKS LIKE HIT "The Wasp," the second play of the sea- son written by Thomas F. Fallon, author of "The Last Warning" looks like another hit, according to the out of town critics that have witnessed the new production. Louis H. Kaplan is presenting the new mystery thriller, in the cast of which are Helen Ware, Emily Ann Wellman, Fred- erick Burt Ben Hendricks, 'Annie Mack Berlein. Barry Townslwy, Sydney Shep- pard, Louise Muldener, and Tammany Young. A NEW HATTON PLAY Fanny and Frederic Hatton, have writ- ten a new play entitled "Longacre Square," which is expected to have a try-out in the Spring and if successful, presented in New' York in the FaU.