San Francisco dramatic review (1899)

THE SAN FRANCISCO DRAMATIC REVIEW January 8, 1910 Booking Agencies Not Liable for Failure of Contract Decides Los Angeles Judge Los Angeles, Dec' 27. — The lights and shades of the likes and dislikes of the theatre going puhlic came up for intimate consideration yesterday, when C. E. Alvino and his wife, Rhea, sought by damage suit to hold the New York Dramatic Agency of Los Angeles responsible for loss of work and salary. The law of the case concerned the responsibility of the booking agency toward the acts placed by him. It was the first time that question has been tested in the West. Justice Pierce handed down a decision in favor of the agency, stating in positive terms that agents can not be held responsible for loss of salary unless positively stated by contract. It developed that 90 per cent of the acts placed on the scores of small vaudeville circuits in California are booked by telegram without regard to contract of any kind, and that this rule was followed in the East as well, with the possible exception of the big circuits. The A 1 vinos, as they are known to the vaudeville world, are from San Francisco. They finished their engagements on the circuit in that vicinity, and then went to Bakersfield. At the completion of their work there they wrote to Fred Osborne, manager of the New York Dramatic Agency, asking for a booking. They described their performance as a feature — a fancy, foxy, refined little act, with music, dancing, singing, playing instruments, talking and comedy combined. They received a telegram in return from the agency offering a five-week engagement, to open at the Regal Theatre on Main street. Upon this telegram they based their suit, asking $299 damages from the booking agency because they were not given the work promised in the message. THE "NAUGHTY SONC." A member of the Osborne Company took the stand and testified that the managers of some of the houses in the bookings did not like the Alvino' act, and would not permit it to go on. She said that Riverside would not stand for it because there was a naughty, naughty song in it. When questioned as to her qualifications as a judge of naughty songs, she hesitated, blushed, and then admitted that she has been in the theatrical business many years and ought to be able to know a naughty song when she hears one. Justice Pierce here interriipted the embarrassment attendant upon the age proposition by remarking that the witness is apparently old enough to vote. Frank Allen, the manager of the Regal Theatre, was then called to the stand and asked if the song was naughty or not. Allen said he didn't remember, but if someone told him the name of the song he might have some recollection of it. No one volunteered the title. Allen remarked that he tried all acts to see whether or not they would suit. He stated that he had no recollection of the Alvino act being too rough for the house. Justice Pierce immediately wanted to know how rough an act could be before the patrons of the Regal objected to it. Then came a long argument followed relative to the likes and dislikes of the public. Experts in the theatrical game testified about the fine points in pleasing an audience, stating that some jokes that would tickle the patrons of the small circuits would meet with a freezing reception in a house like the ( >rpheum. Simmered down to a single sentence in the actual language of the managers, an act that would be bum in a good house Would be good in a bum house. A representative of the Exposition Theatre startled the court by his candid opinion of his own show house by remarking that the agents are in the habit of booking acts there when no other theatre would have them. He also stated that the Alvino performance was a feature act, and suitable for the small circuits. Following their appearance at that house, the company of two found themselves out of work. The five weeks' booking failed to materialize. They lost one week and two days of work and salary. When the question of the value of an actor's services came up. one booking agent stated that there is no such thing as value, but that an actor or actress is entitled to all he or she can get. All parties agreed that the managers of the theatres, and not the booking agents, pay the salaries of the performers, and Justice Pierce ruled that the agent could not be held responsible if the managers refused the act unless special contract had been made. The Alvinos announced that they will appeal to the Superior Court. McKee Rankin Loses to Nance O'Neil NEW YORK, Dec. 30.— McKee Rankin, actor-manager, failed today in his effort to get a temporary injunction restraining Nance O'Neil from appearing in David Belasco's play. The Lily. Justice Blackmar flatly refused his request in the Brooklyn supreme court, saying that no injunction should be issued until the facts in the case had been presented in court. He said he would leave this for the trial judge. William G. Katner appeared for Rankin and a representative of the firm of Dittenhoefer, Gerber & James represented the actress. Katner said that Rankin had taken up Miss O'Neil when she was an obscure person on the stage and had trained her and presented her in suitable plays, thus being responsible for her remarkable success. Miss O'Neil's counsel retorted in kind. He said that several years ago Rankin was in financial trouble in Boston and the actress sold her jewels to help him out. Then, he asserted, when she found it difficult to get good enough arrangements through Rankin, she went out and made a suitable contract and a much better one than she could obtain through him. He denied Miss O'Neil ever made a contract that bound her legally to Rankin. The new stock company at the Beckin Bellingham is composed of Sedley Brown, director. Thil Sheffield, Robert Lawrence. Leon Lindhard. George Clawson, Percy Kilbride, Walter C. Renfort. A. B. Cade, Victory Bateman, Carrie Gark ' Ward. Brcnda Fowler, Olive Adair, Mildred Disbrow, May Golden and Nell Franzen. . . . EL PASO— TEXAS . . . Wonf t0 Hear From Reputable People at all Times VValUCU PERMANENT STOCK Crawford Theatre * ; * NORTH BROS. STOCK CO. One Bill a Week — Two Matinees — Playing all the Big Successes Majestic Theatre MUSICAL STOCK — WIT 1 1 CHORUS Three Shows Nightly — No Matinees. Two Bills Weekly Athletic Misses The above young ladies are members of The Alaskan. This entirely new musical comedy is now at the Savoy Theatre, closing this evening. Marcell Scott, the pretty blonde whose beaming face occupies the center of this trio, is an athlete of no mean merits. It is nothing for Miss Scott to walk ten miles before breakfast. Besides, she can swim. The two smaller girls are of the "dancing snowbirds." so prominently featured in The Alaskan. Nellie Templeton is in the left, and Elonore Boyce is on the right. Last summer The Alaskan was playin a Chicago all-summer engagement — Chicago is on a lake. These three girls are chums and they did many natatorial stunts that were amazing. Spotlights Arrangements are being made by the Shuberts for the production of Dick Whittington, which it is now assured will have its first hearing in New Haven, New Year's week, after which the production will be moved to the Globe Theatre. Boston, for an extended engagement. Dick Whittington was originally produced on a large scale at the Drury Lane Theatre, London, last year. It was then classed as a pantomime. This form of entertainment has not proven profitable in America, with the result that the Shuberts have caused the book to be entirely changed. They will present Dick Whittington as a musical comedy extravaganza. In point of scenic equipment, mechanical effects and other things that add to the brilliancy of a stage performance, it is said that Dick Whittington will be one of the largest productions ever made. As previously announced, Louise Dresser will head the large cast of principals. The list includes Eddie Garvie, Alexander Clarke, Post & Russell, Al. Grady, Al. Lamar, the Three Keatons and Kate Elinor. Seldom does musical opera approach grand opera volume and quality and yet retain the delightful features of operatic comedy as does The Singing Bandits, presented by the Persse-Mason Company at the Majestic Theatre this week. Naturally, the famous Lucia sextette is the one great number, though the individual musical talent of each member of the company is none the less pleasing, and the numbers in duet and quartette are splendidly given. Thos. H. Persee, as Roirieo, tenor, shares honors with Harold Reeves (Mateo), while the same may be said of Bernice Holmes, as Leonora, contralto, and Edith Mason, as Lucia. Robert McKim enacts well the part of Giacomo, H. I. Dempster is a marvel of make-up and acting as Beppo and sings a cleverly-written and up-to-date song that would carry him through without other aid. Georgia Knowlton enacts well the part of Angela, the inn-keeper's wife. The play has more plot than usual ; the story of bandits, who are mistaken for opera singers and singers who are mistaken for bandits and the ensuing comedy situations arc sufficient for all laughing purposes. The Singing Bandits is. in fact, worthy of as large crowds as the Majestic can accommodate.— Los Angeles Record. St. Elmo is now common property, according to a decision in a New York court, and Vaughan Glaser, it is said, stands to lose a great many thousands of dollars invested in costly productions to which he believed he had the sole right. Glaser fought to protect the play from infringements, and invested in equipments for six companies under his own management. These six companies will of course continue, but their exclusive value of course deteriorates when it is known that others may, with impunity, produce, the play on a hasty and cheaper scale. John Cort will soon send The Kissing Girl on a tour in the Middle West.