Variety (May 1909)

VARIETY PASSAGE OF VOSS AGENCY BILL PROMISES ARTISTS PROTECTION Amendments Made in Senate Approved by House and Only Governor Hughes 9 Signature Necessary to Make Measure a Law. On Wednesday the Assembly at Albany ooncurred in the amendments placed upon the Voss Agency bill in the Sen- ate, which had passed that body the day previously. The measure was sent to the Governor for his action. The Governor has thirty days in which to approve of or veto the bill. The Voss bill amends the agency laws of New York State for the cities of the first class, and was introduced by Assem- blyman Voss upon the solicitation of the combined actors' societies of New York, led by the White Rats of America, the White Rats' Political League and the Actors' National Protective Union. Harry Mountford, secretary to the Board of Directors of the White Rats, has been an assiduous promoter of the act. Harry De Veaux, president of the Actors' Union, gave much of his time to the movement and was the original sponsor of the measure. Tim Cronin, the chairman of the League, has also worked indefatigably for its passage. Denis F. O'Brien, the attorney for the Rats, is reported to have practically drawn the amendments, and was also instrumental in securing the speedy action which the bill received in the Legislature while the labor follow* ing of the Union was of prime importance in the passage of the measure. The amendments introduced in the Senate adjusted the clause providing for a bond and its manner of forfeiture. As originally drawn, it was claimed by rep- resentatives of the usual employment agencies that the amended law would work a hardship on many deserving em- ployment agents hiring help, through in- ability to secure the surety required. The removal of the stringent bond amendment leaves the surety to be found before a license may be issued at $1,000, with a complainant compelled to proceed against the bondsman to recover. The penalty in the amended law for a violation is a fine of from $60 to $250 or one years' imprisonment, or both, the law making a violation a misdemeanor. Maurice Goodman, attorney for the United Booking Offices, said to a Vabtxtt representative: "I have read the bill over, but I don't see in its amended state so very great difference from the law it amended. It will probably mean this office (United) will have to increase the clerical force * if the Governor signs it, but otherwise I don't anticipate any grave change in the manner in which we have previously conducted the booking business." Geo. M. Leventritt, attorney for the Morris office, said: "It seems to me the promoters of the bill aimed to protect the artist as against the manager, par- ticularly the irresponsible manager. We are thoroughly in accord with its objects in that respect, and if it becomes a law shall do all in our power to aid the artist in securing that protection, as we always have done." The opinion prevails, however, that if Governor Hughes places his signature to Mr. Voss's bill, the courts will be called upon to construe several provisions of the law, and also to decide upon its con- stitutionality. At the headquarters of the White Rats shortly after the report reached New York the bill had passed both houses in Al- bany, Mr. Mountford elucidated the sev- eral provisions of the act for newspaper men present. Mr. Mounjtford dwelt at length upon the amended sections of the law, explain- ing in detail his understanding of them. He contended that the section directing that any licensed agent shall give an applicant for a theatrical engagement an equitable form of contract carrying no clause in restraint of trade or 'any vio- lation of any statute or ordinance, to be drawn according to the directions of the Mayor or Commissioner of licenses, meant no agent could procure time for an artist under a contract even though made direct between the manager and the artist unless that contract were in accordance with the provisions of the law in its terms. Otherwise, Mr. Mountford said the agent would be guilty of a vio- lation. Asked by one of the newspaper men if the words "ordinance" was meant to cover the Sunday performance question by including the Doull ordinance in New York City (regulating present Sunday shows) Mr. Mountford admitted this was the intent, but declined to say whether the White Rats or the artists were op- posed to playing on Sundays. He suggested that the easiest way to avoid any controversy which might arise from this section would be for a con- ference to be held when a form of equi- table contract satisfactory to those con- cerned could be decided upon. Mr. Mountford said that while the White Rats had at one time approved the contract issued by the William Mor- ris office, that that contract had since been changed by a clause giving a man- ager arbitrary power, and the organiza- tion no longer sanctioned it. The con- tracts issued through the United Book- ing Offices were grossly inequitable, Mr. Montford stated and illustrated by this story: An artist returning from the west, where he had been playing independent-* time on the smaller circuits, called at the United offices to sign an agreement. A lengthy contract, filled out, was on the table. Beside it was a magnifying glass. The artist picked up the contract, and then looked it over under the magnify- ing glass. "What are you doing with the glass?" asked one of the staff stand- ing near. "Trying to find the party of the second part," replied the artist. The sections covering the charge of a five per cent., said Mr. Mountford, meant that no two or more licensed agents could collect more than five per cent, gross of an artist's salary. He also stated that the measure provided against a club agent acting as agent and contractor or contractor alone, limiting the amount of recompense he could receive to five per cent, of the artist's salary. There have been agents, said Mr. Mountford, who con- tracted to supply' an entertainment, re- ceiving a bulk sum for the show, bargain- ing with the artists engaged at his own figures. The law, Mr. Mountford explained, also required the Commissioner of Licenses to force a trial upon a complaint, with the complainant present, while the agent was obliged to investigate the financial stand- ing of the managers booking through him. A second or third complaint that One agent had placed acts with an irrespon- sible manager might be construed as evi- dence of his unfitness to hold a license, was Mr. Mountford's opinion of this section. Speaking of the probable effect of the bill, Mr. Mountford remarked: "I believe the bill, if it becomes a law, will mark the beginning of an era of peace and friendship between the artist and man- ager. ' "It can establish a sure and sound foot- ing for the business, and we hope it will have this result. What we may be able to do to further peace, harmony and soundness, you may be certain we shall gladly try." The holder of a license is liable under the Voss bill for any act of any person in his or its employ. This was im- portant new matter, said Mountford. Through omissions by amendments the agency bill will, if it becomes a law, compel agents to keep a written record of all booking transactions in detail, together with the amount of the fee re- ceived in each instance. It is said the framers of the amended law feel confident its constitutionality can not be successfully attacked. It is also said that the practice of "splitting commissions" now in vogue in the United Booking Offices, whereby the United actu- ally receives seven and one-half per cent, of the ten the artist must pay when booked through an "outside" agent, will be continued (unless checked by the Voss bill) under the cover of the United charg- ing the agents a fee amounting to one- lialf their commissions for the privilege of the "outside" agent having the use of the United offices for booking pur- poses. This was a condition made in the original application for a United "license" or "certificate" to book through it. Although the applications were signed by all the "United agents" excepting Pat Casey, the "licenses" or "certificates" have not as yet been issued, although the apents' checks have steadily been divided in half each week. One result of the bill if approved will be to stop the United Booking Offices from the further collection of the agents' coin- missions through the resident managers of United houses withholding it from the artist's salary. Mnx Hart and his wife (Madge Fox) leave New York May 19 for Europe. Mr. Hart will make the visit one of business and pleasure. (i FISCHER CHANGES HOUSE. San Francisco, April il!>. K. A. Fischer, whom it was recent I \ announced would open the Novelty, linn owing to a hitch in the negotiations 4ransferred the scene of his operation t the Victory, on which he has taken nn extended lease. This house, which has been playing "pop vaud.," closed April 24, and after n week's renovating will open under the Fischer management. Ben T. Dillon will head the company with Will King as one of. the principal comedians. Chas. Alphims will act as producer. The acts will be booked through the ltcrt Levey office. INDEPENDENT AGENT REACHING EAST. San Francisco, April 29. Louis B. Jacobs of Bert Levey's staff", left for an eastern trip April 24, and as a consequence a rumor arose that his movements had something to do with the combination recently formed by Melvin Winstock and S. Morton Oohn. Mr. Levey denied that he had formed any affiliation with the Winstock-Cohn people or had any intention of so doing. He stated that Jacobs' trip was for the purpose of extending the circuit further eastward. BIG TIME A-COMING. Monday night, May 3, is the big night for "That" Quartet who will then wind up the social season in a blase as roseate as the hues of the Northern Lights with a ball at the Amsterdam Hall on West 44th Street. Everybody will drop in the place. No one has been left out of the general in- vitation. Messrs. Jones, Sylvester, Prin- gle and Redmond, who compose "That" Quartet, promise the one grand rousing time of the year. An entertainment will be part of the evening's enjoyment. CARRIE BOWMAN. CARRIE BOWMAN Ih appearing In vaudeville with HAROLD FORBES at the Fifth Avenue this week. It la their Joint debut into the varieties. Miss Bowman, a charming little girl, wan a prominent member In the cast of "The American Idea" during the past leaaon. She la also wanted for the new Lew Fields' show, "The Midnight Sons," and la deliberating between offers from the legitimate for oyer the summer and further time In vaudeville.