The New York Clipper (February 1917)

THE NEW YORK CLIPPER February 14, 1917 \Kf&U. CLAIMS AGENT ASKED OVER FIVEPCT. IMPORTANT CASE UP TODAY What promises to be a case of vital im- portance to vaudeville managers, agents and performers, because it is the first case to squarely meet the long-discussed issue as to what constitutes an agent and what constitutes a manager, will be tried today before Magistrate McQuade when George W. Smith, a vaudeville agent with offices in the Putnam Building, faces a charge of violating the Vaudeville License Law. The complainant is Gino G. Fumagalli, a mu- sician, who claims that Smith demanded more than five per cent, of his salary. Smith was arrested last week on the com- plaint of Fumagalli, but was promptly re- leased on bail pending his trial. Other cases of alleged non-conformity with the license law—such as the Fitz- gerald-Oliver case—have failed to distin- guish between agent and manager, going off on tangent matters and clouding the all-important issue. But this case seems to meet it fairly and squarely and will pave the way for once and always as to whether or not an agent can also be a manager. Fumagalli is a member of the orchestra at LoeWs New York Theatre. He secured this position through Smith and Matin, that he owes Smith but five per cent, of his salary for the service rendered. Smith says that he is a manager and producer as well as an agent and that he has been known for years in the vaude- ville realm as a manager. He claims that he drew up a contract which Fumagalli signed in which it is stipulated that Smith should act as his manager and producer. This contract called for considerably more than five per cent, of the musician's salary. The Vaudeville License Law does not cover the point as to whether an agent can act as manager or producer, nor does it state what percentage a manager or producer shall be allowed to charge. It will therefore rest with the Court to de- cide whether or not it is lawful for an agent to assume the responsibilities of manager, and further, if he can act in that capacity, whether he is legally justified in charging more than five per cent. Harry Saks Hechheimer is representing Smith in the action. N. V. A. TO DANCE EVERY WEEK The success of last Thursday evening's dance at the National Vaudeville Artists' clubrooms has caused the Entertainment Committee to make Dance Night a weekly affair. It has been decided to hold an informal dance every Thursday night for members and their friends. GARDEN GETS KERR & WESTON The team of Kerr A Weston will short- ly leave the realm of two-a-day to ap- pear in "The Passing Show of 1917." LOEW OPENS ATLANTA HOUSE Atlanta, Ga., Feb. 13.—Marcus Loew's Iycenm Theatre opened here last night with a vaudeville and photoplay policy. This is his eighty-seventh theatre. Loew is also building houses in Birmingham and other Southern cities. CHANGE POSITION TO OBLIGE ACT Lydell & Higgins moved from the last half to the first half of the bill at the Colonial last week to oblige Marshall Montgomery, who had to go to the Pal- ace that evening. . ISABEL D'ARMOND RESTING Summit. N. J., Feb. 10.—Isabel D'Ar- mond, who is resting at Dr. Heinle's American Hygienic Institute, is rapidly gaining in health and vaudeville will shortly see her in a new offering. KATHERINE MURRAY FOR VAUDE. Katherine Murray, who has been play- ing principal roles in musical- comedy, will shortly make her debut in vaudeville as a single. Her last appearance in musical comedy was in "The Girl From Utah." BLANCHE RING FOR VAUDE. Boston, Feb. 12.—Blanche Ring and Charles Winninger expect to open in vaudeville at the Palace, New York, some time next month. NEW ACT FOR BETTY BOND "Five Flights of Musical Comedy" is the title of an act which Betty Bond, formerly of Bond & Casson, will shortly be seen in on the Keith Circuit. The act was writ- ten by Charles McCarron. EDDIE FORD BOOKED ABROAD Eddie Ford, who recently sailed for London with his dog, Truly, baa secured three years of solid booking there. NAT WILLS TO RETURN At the conclusion of his season with "Hip, Hip, Hooray!" Nat Wills win re- turn to vaudeville with a new mono- logue and parodies. RF.ILI.Y HAS NEW ACT Charles Beilly has a new Irish mono- logue with which he will start over the U. B. O. Circuit on Feb. 26. DODY CLOSES WITH FIELDS Sam Dody has closed with the Lew Fields Show and opens this week at Ja- maica, L. I, in ft new single act. FRANCES (FRANKIE) RICE mm Patsy's Patter | Following John I* Golden's idea of writ- ing the patriotic song 'Tall in line for Your Motherland," using phrases culled from President Wilson's preparedness- speeches, Frances & Day, London pub- lishers, have just announced a song, "Sing, Sing, Why Shouldn't We Sing." Not only is the song founded on a> speech by Lloyd George, but it follows the actual wording of the speech as closely as- possible. To all intents and purposes it has simply been converted by R. P. Wes- ton and Bert Lee, those prolific authors or composers, from prose to poetry. It is rumored that Weston & Lee are coming: over here to write songs for the American public. Professional song writers, sit up- and take notice—these boys have a record of successes behind them. Practical jokes were in the air at the Harlem Opera House Sunday night, Man- ager Harry Swift and Assistant Manager Le Voy smiling acquiescence. One of the events was an impromptu chorus, made up of stage hands and performers. During- Happy Jack Gardner's act there is a line— "We want drink," and the chorus quickly took up the cue, and sang (off stage) "How dry I am" to the utter surprise of the members of the Gardner act. Later, during King & Harvey's act, at a pre- arranged signal, the chorus broke forth with "London Bridge is Falling Down." The audience, of course, was not wise to- the extra entertainment, but seemed to- thoroughly enjoy it. Laurie & Bronson, those undoubtedly clever entertainers, were changed from. next to last to closing position at the Riverside Theatre last Friday night, the- headliners refusing to follow them. It didn't seem quite fair to the little folks,, but why should they care, since they went better, if anything, than in the other po- sition. The quality of their comedy aeems- to go with any type of vaudeville audience- you may catch them playing to. As evidence that Inglis of lnglia & Red- ding comes by his burlesque comedy tal- ents naturally, he is the nephew of Gua- Saville of Bryant & Saville, famous come- dians and comedy musicians of their day —commonly referred to as "Blue Jays." Raymond Wilbert is preparing a novelty for next season, consisting of hoop rolling- "in one" and patter throughout. The- monologue is by a well known writer and it will not be Mr. WUbert's first expe- rience speaking lines. Stuart Barnes stayed away from New York just long enough for the public to- realize that vaudeville is not crowded- with entertainers of his stamp. Edw. S. Keller's New Protean Star, mistress of every emotion, who made a phenomenal success at the Alhambra Theatre, New York, last week. Funny, clever entertainers as Ray & Gordon Dooley are, that they they should! resort to the business used by Ryan &- Lee and Laurie & Bronson.