Variety (July 1919)

m ! ■v .-.._,, . / -I... ••/:■•• ^ "*r? t-' "■■ '.■•■'■■ *:/£Tv Tiada lis* HMHl Published Weekly by VARIETY, Inc. Sim SILVERMAN. Fietldsnt „ Mew York SUBSCRIPTION Annual... •* Foreign.... Single copies, 15 cento VoL LV. No. 6 K . .■ m ■: - w. - ■ r . VARIETY : i'.£ : "T'i'>J- Perhaps the most interesting and il- luminative testimony given before the Federal Trade Commission investiga- tion into vaudeville is the excerpt printed herewith, brought out in the cross examination of James W. Fitz- patrick, president of the White Rats. It relates to what was then known as "the levy fund," for which appeals were made to White Rat members dur- ing the dying days of that organiza- tion under the leadership of Harry Mountford, and shortly after the Rats had unsuccessfully attempted to pre- pretrate a "strike" in vaudeville. The White Rats per Mountford advertised all members were expected to forward to either himself or Mr. Fitzpatrick five per cent, of their weekly salary, for the "levy fund," with the state- ment added it had been arranged these payments could be made in person to either Mountford or Fitzpatrick, in cash or by money order. The strictest confidence was pledged regarding the names of the remitters and the at- tempt at the time was made to create the idea the personal payment scheme ' was to avoid the managers' association obtaining the names of Rats obeying the "levj?* order. In the Fitzpatrick testimony, this is a part of what the Rats' president said concerning the "levy fund" and its dis- bursement : Q. Was the deposit of the*© fund* , made in your name with the word*, Trustee, Agent, President," or any other representative capacity at- tached, or were the deposits just made in your name and Mr. Mountford'*. A. I cannot recall that now. I can find that out later. Q- By whom were checks signed ' that drew moneys out of this ac- count? Did it require both signatures? A. No. If I signed a check, I sign- ed it James William Fitzpatrick, or Harry Mountford and James William Fitzpatrick, and he did the same. Q. So that Mr. Mountford could draw any part or all of those funds without consulting you? A. Yes. Q. Or the members of the organ- ization or the International Board? A. Yes. Always subject to the fact that I 'could ask all about it. And the Board, also. Q. How many checks did you draw on the levy account? A I could not tell you offhand, now. Q. Did you or Mr. Mountford do more of the signing of checks on that account? A. I think Mr. Mountford did. Q. About what percentage of the amount in that levy account in your personal names was withdrawn by Mr. Mountford since? A. I could not tell you that. Q. Well, what percentage would you say you withdrew on your check of this $12,000? A. Oh, a very small V percentage. I think it was less than $1,000, but I cannot be positive about that without going and hunting it up. The checks for that account were stolen from the office* on 54th street. Q. You were not asked the ques- tion, but I am perfectly willing that it should stand, only I would like to warn you to please answer ques- tions. A. All right. > ' Q. Can you tell now what Mount- ford did with the moneys that he withdrew from this account? A. To the best of my knowledge and belief he paid the legitimate ex- penses entailed by the strike, taking care of the hoard of pickets who had no money, transportation and all in- cidentals that come up in the conduct of a strike. Q. How were these moneys paid to you or Mr. Mountford, in cash or check, money orders or how? ' * •.. A. In tnvrj way. Q. In every way? A. Yes. Q. Who received most of the mon- eys that were sent in? A, I think most of them were sent into New York. The ones that were sent to me in Boston, if they were money orders, I simply endorsed them and forwarded them to New York. Q. You at that time were not in New York? A. No, I was in Boston. Q. And all the moneys were Sent to New York. • , A. They were sent to New York to be deposited in the Greenwich Bank. Mr. Fitzpatrick stated that of the $12,000 received for the "levy fund" and deposited to the joint account in the Greenwich Bank, New York, of him- self and Mountford, that he (Fitz- patrick) withdrew less than $1,000. The . .'.. VARIETY'S LONDON OFFICE is now located at 28 ■\ ■ St., London, W. C. JOSHUA LOWE ■ : - ry. . (JOLO) IN CHARGE ;V- ; ;<, . .. ,; moneys on deposit were subject to withdrawal upon the check of either himself or Mountford. It was devel- oped in the Goldie Pemberton Su- preme Court (N. Y.) proceedings to as- certain what had become of the funds of the White Rats that the Greenwich Bank joint deposit was exhausted. The referee in that proceeding found that Mountford and Fitzpatrick had divert- ed the moneys of the organization. Assuming that if Fitzpatrick with- drew less than $1,000 from the joint "levy fund" account and that that ac- count was exhausted, and the remain- der ($11,000) was withdrawn by Mount- ford, it was an excellent opportunity for.Mountford to go upon the witness stand in the Federal Trade examina- tion and stand questioning as to what he had done with this amount of money, among the many other matters he had expressed a great desire for so many years to explain. Mountford did not testify before the Commission. Mountford passed up his official chance to justify himself about the $11,000 and the other matters of the Rats in which he had been so largely concerned. ' We would like to give Mr. Fitzpat- rick a clean bill of health regarding that report of the referee in the Pem- berton case, if he needs it, and we don't think he does among his friends. But The 2 Nathonos leave for Ports- mouth, England, July IS. Clark's Hawaiians (10) sail for Lon- don on the Baltic, July 5. 11 for the information of those who may not know Fitzpatrick as well, we want to say that in our opinion James W. Fitzpatrick never diverted a dollar of White Rats funds or any other funds. Whatever Fitzpatrick did for the Rats, he did solely for the Rats, without a thought of self, financially or otherwise. Whatever his faults in connection with the Rats' may have been, Fitzpatrick is one of the most honorable and conscientious of vaude- ville artists who ever stood upon a stage. He was an. ideal man for pres- ident of the White Rats and digni- fied that office, but he fell under the influences of Mountford. Mr. Fitz- patrick testified he believed Mountford to be honest and that he had full faith in him. If Fitzpatrick said that we know it is his absolute belief, and it is just as inexplicable to us now as was Fitzpatrick's unbounded and unlimited confidence in Mountford. There are the two things we have never been able to solve. We doubt if anyone knowing the parties by themselves have found any solution for this unfathomable bit of inside stage life, that contains the wisest of the wise, including Fitz- patrick, a high grade college bred in- telligent gentleman allowing himself to be hoodwinked by a man of Mount- ford'q. calibre. And in the same proportion that the two people to the joint account withdrew the moneys from the "levy fund," $1,000 by Fitzpatrick as against $11,000 by Mountford, so do we be- lieve that that percentage of the whole sums up the heart interest felt by Harry Mountford, for the White Rats and Harry Mountford—about eight per cent, for the White Rats and 92 per cent, for Harry Mountford. The chances are that Mountford felt the eight per cent, necessary. Perhaps it was. The Rats could have stood a larger percentage/. >But make no mis- take about Fitzpatrick, he was and is 100 per cent, all the time, for the White Rats. It should bring a little flush to the English skin of Harry Mount- ford when he recalls his friend, Fitz- patrick, a White Rat Big Chief, said he believed Mountford to be honest and that Frank Fogarty, another Big Chief of the Rats, testified he believed Mountford dishonest. Again we ask, Who does Mountford believe? (THIS IB NOT A FACE POWDER) Saul Abrahams is in charge of the box office at the Greenwich Village Theatre. Charles Morrison will join Ray Hodgson's office force about August 1. * Harris and Morey have separated as the result of an argument at the Flat- bush theatre last week. Dave Harris will team with Al Abbott, formerly of I Abbott and White. Justine Johnstone, who is writing her memoirs, has received several of- fers to publish the book in serial form in a magazine, but has decided to let it come out through a publishing firm. The Render, La Grange, Ga., recently placed on the vaudeville map by Jules Delmar, has been temporarily closed for improvements. The stage will be enlarged and the seating capacity in- creased to 1200. Will Creasy entered the cast of "Lightrtin'" at the, Gayety Monday night, playing Frank Bacon's role while the latter is on a vacation. Mr. Cres- sey will remain two weeks. The piece 1 is due to run all summer. , Al. Lewis, of Lewis & Gordon, will sail for London about July 15. Mr. Lewis will stage several of the firm's . playlets abroad in conjunction with Andre Chariot,, returning around Sept. 15.* Irene Catherin Price is suing Richard F. Price for annulment of their mar- riage. Through Attorney Abner Greenberg, the plaintiff alleges her hus- band's conviction of fraud and grand larceny, for which crimes he is serv- . ing sentence at the Federal Prison, At- ' lanta. is sufficient grounds for such;, annulment. .•■; Ethel Clifton and Brenda Fowler are collaborating on a play for production next season. Miss Clifton returned from overseas service last week, she having written, staged and played in a number of acts and plays for the enter- tainment of the A. E. F. She is well known as a vaudeville writer and, about 15 of her playlets have reached ,• production within the past few seasons. Through Edward M. Dan gel, the Bos- ton attorney, John Phillips has'com- menced an action in that city against Fortune Gallo, Jules Daiber and Brad- ford Mills, to recover salary at the , rate of $150 weekly, for three weeks. Mr. Phillips alleges he was engaged for that length of time to appear in Gil- bert & Sullivan operas. Prepared to \ fulfill his contract, the plaintiff claims he was not permitted to do so by the defendants. Nellie Revelle put over the first pro- hibition press stunt after the debut of the war time restriction A truck loaned by Borden's and holding many ' cans of buttermilk and several of the principals and cast of "Listen Lester" trundled Broadway and Fifth avenue on Tuesday. On the truck sides sign read: "Listen Lesterjs Buttermilk Babies Taking Buttermilk to the Ma- rines." The kickless beverage was un- loaded at the marine recruiting sta- tion at 23d street. Joe Smallwood has opened for th« summer that pretty Greenwood Lodge at Greenwood Landing, L. I. It's on ( the Merrick road, a short way below Roslyn, just a nice drive from New York. The hotel is on the Sound, with a large dance pavilion, making one of the coolest resorts around New York for the steppers on a sultry day. Mr. j Smallwood has been with the Reisen- weber staff for a long time. He for- merly represented that restaurant in charge of the Ziegfeld Roof and more latterly Joe was the overseer of the Paradise Room in Reisenweber*s. .. sM "c!\ --■•v „~'S*lJl