The New York Clipper (October 1917)

Copyrighted. 1917, by the Clipper Corporation. Founded by FRANK QUEEN, 18S3 NEW YORK, OCTOBER 3, 1917 VOLUME LXV-No. IS Price, Ten Cents SPIEGELSSUED OVER SCENE IN SHOW ROLFE AND MADDOCK COMPLAIN B. A. Bolfe and Chas. B. Maddock have instituted an action in the United States District Court to restrain the Max Spiegel Enterprises, Inc., from using in their pro- duction "The Merry Bounders," a battle- ship scene which they claim is an infringe- ment on a patent right they bold. Max and Eddie Spiegel are named as co-de- fendants in the action. David Steinhardt appears as solicitor and Darby and Darby as patent attorneys for the complainants. The bill of complaint filed by Rolfe and Maddock says that on June 26, 1917, they obtained patent rights on a battleship scene which is staged in their vaudeville act, "America First," produced in Oct., 1916. This patent right was given to John H. M. Dudley, who made the mechanical' parts of the production and designed it in its entirety. The scene was built at an ex- pense of $9,000, it is said, and seventeen people are employed to give the act. It is so constructed that guns are mounted on a turret, which revolves and causes the guns to be pointed directly at the audience. The act has been received favorably in all vaudeville theatres, and the spirit of pa- triotism was so imbued in the mmebers of the cast that over half of the original com- pany who were above the draft age have enlisted in the navy. The bill of complaint then says that Bolfe and Maddock, during the past Sum- mer, were informed that the Spiegels were building a scene similar to theirs, to be used in their burlesque show, now appear- ing on the Columbia Circuit. They say that they inspected the mechanism and properties of the scene and found them to be identical to the "America First" scene and a violation of the Dudley patent. They notified the Spiegels by letter on three oc- casions of this fact, they say, but the latter paid no attention to the warning and went on and produced the show. Last Saturday, Maddock, accompanied by Samuel E. Darby, his patent lawyer, visited Hurtig and Seamon's Theatre, where the show was appearing and wit- nessed the performance. There they found that the set was «i™rii»r to the "America First" set, and that the dramatic business enacted was also similar, but not up to the same standard as presented by the Bolfe and Maddock players in their act. Maddock then visited Steinhardt on Monday and immediately filed papers in the action. "The Merry Bounders" show is laying off this week, but is scheduled to play the Empire Theatre, Paterson, next week, when the attorneys for the patentee expect to have a temporary injunction issued re- straining the presentation of this scene until the trial of the case in the Federal Court In their complaint, the plaintiffs ask for an accounting of the profits and receipts of the show and damages of $15,000. The action will come to trial shortly and will last several days. * •- • STRUCK ACTRESS; FINED $50 East Liverpool, 0„ Sept 25.—Edward "Skinny" Bunting, a well known local character, was arrested last Saturday even- ing on a charge of assault and battery pre- ferred against him by Miss Jessie Lerby, an actress appearing at a local vaudeville house. The affair happened in a restaurant, and owing to the large theatre crowd on hand, caused some commotion. The man entered and, after placing his order noticed two men and a girl seated near the table. Bunt- ing merely got a glimpse of the woman and, thinking it was his wife, walked up to her and, without speaking, struck her across the face. He immediately realized his mis- take, but the damage had been done and it was several minutes before the girl re- gained consciousness. The police were notified and Bunting was arrested and taken to the City Hall, where he was immediately arraigned, as the girl had to leave town on the early morn- ing train. He pleaded guilty to the charge and was assessed a fine of $50 and costs, which he made arrangements to pay. LEW BRICE IS ARRESTED Salt Lake City, Utah, Sept. 29.—Lew Brice, of the Brice and Barr Twins act, was arrested here for carrying a gun, but was discharged when it was found that he had a permit Brice uses a gun in his act and acci- dentally broke the one he was using. Go- ing to a store he purchased one of large size and stuck it in his pocket Being de- cidedly slender, the thing bulged out and he was stopped by an officer, who took him to court. There he produced a permit and the matter ended. WEBER AND FIELDS SUE House, Grossman and Vorbaos have been retained by Joe Weber and Lew Fields, to bring injunction proceedings in the United States District Court to restrain two men who are operating a theatre in the vicinity of the army cantonment at Chattanooga, Tenn., under the firm name of Weber and Fields, from using that firm name. The theatre there seats 3,000 per- sons, and is said to be doing a thriving business through the use.of this name. STONE SHOW TO BOOST PRICES According to reports along Broadway when Fred Stone, in "Jack O'Lantern," comes to the Globe Theatre on Oct 16, a new scale of prices will be in order at the house. The price for the entire or- chestra it is said, will be $2.50 instead of $2.00 for all evening performances except Saturday and on that day $3.00 instead of $2.50 a seat HARRY LAUDER SAILS TO-DAY Harry Lauder, accompanied by bis wife and her brother, sailed from an English port for New York this morning. He is expected to arrive here about the end of next week and will rest for a few days prior to commencing his vaudeville tour under the direction of Wm. Morris on Oct. 22 at one of the Shubert theatres. AISTON HAS NEW PLAY Arthur C. Aiston and William Wood will produce a new sensational melodrama by Hal Reid entitled, "The Cellars of New York," on the International Circuit The show will have its initial presenta- tion the latter part of this month. N. V. A.T0 HELP CHICAGO ACTORS WILL ENTER CABARET FIGHT THERE Determined to champion the cause of its members, the National Vaudeville Artists, Inc., through its legislative committee, is planning to thwart the endeavors of the Chicago Brewers' Association and local re- form societies to have the cabarets in Chi- cago legislated out of business by the City Council. This action is being taken by the N. V. A. following the appeal of several hundred members for the organization to inter- cede for them in order that they will not be deprived of a livelihood in Chicago. At the present time there are more than one thousand former vaudeville performers ap- pearing in the Chicago cafes. Henry Ches- terfield, who is chairman of the legisla- tive committee of the N. V. A., said yes- terday: "The Chicago situation is very serious so far as the performers are concerned. For, should they be thrown out of em- ployment suddenly, they will flood the theatrical and cabaret market with acts and specialties for which there is at pres- ent no outlet. We do not want a condi- tion of that sort to come about, and espe- cially through one sided and arbitrary legislation. "The brewers and reform societies of Chicago are working together to foster the ends of persons selfishly inclined, without at all taking into consideration the people who have vast sums of money invested in operating these establishments and have hundreds of people employed in some of them to operate and conduct the business. Some of these people have up- ward of $100,000 invested in these estab- lishments and employ talent that receives a gross salary each week exceeding $2,000. "Then, to have some narrow-minded per- son come forward and attempt to have the local officials take summary action and put reputable business people and performers out of business, without giv- ing them an opportunity to state their cause, is entirely unjust and should not be permitted. "The N. V. A. is the performers' organ- ization, and as long as the performer is reputable it will foster his cause and do anything possible to prevent an injustice being done its members." Mr. Chesterfield has sent to Chicago for particulars in the matter and as soon as he receives them will be prepared, with the other members of the committee, to go there and make a determind fight against any illegal and unfair legislation which will act to the detriment of the performer. This is the first time that this com- mittee has been called upon to take any atcion, but it will always be prepared to do so should there be any attempt in any part of the country to offer legislation which would be offensive or detrimental to the actor. The other members of ihe committee besides Chesterfield are J. Francis B ent Frank Shehan, Hale Nor- cross and Wills Holt Wakefield. WILL OPERATE COX PROPERTIES Cincinnati, Ohio, Sept 28.—The iden- tity of several of the properties included in the recent sale of the George B. Cox theatrical holdings to the Sbuberts and Joseph L. Rhinock, was revealed here this week through the incorporation in New York City of the Shubert-Rhinock Com- pany. According to Attorney Ben. Heid- ingsfeld, of this city, one of the incor- porators, this company wiU be a holding corporation for several of the properties formerly owned by George B. Cox, and transferred by bis widow to Rhinock and the Sbuberts. The new company will operate the United Theatres Company, among others, which controls the B. F. Keith houses in Cincinnati, Indianapolis and Louisville, Ky. At the time of the sale by Mrs. Cox, which was consummated in this city, no announcement could be obtained of what properties the Shnberts had purchased. It is understood that a number of other incorporations will be formed by Rhinock and the Sbuberts to operate other of the former Cox properties in various cities. The Shubert-Rhinock Company of New York is incorporated at Albany for $300,- 000. The directors are Lee Shubert, J. i. Shubert Joseph Rhinock, William Klein and Benjamin Heidingsfeld. SPENDS $140 TO KEEP DATE Salt Lake Crrr, Utah. Sept. 30.— Harry Girard had to spend $140 here this week in order not to miss a performance at the Orpheum. Last week, he and Mrs. Girard, who appears with him in "The Wail of an Es- kimo," played Los Angeles and decided to make the jump to this city in their road- ster instead of by train. All went well until they struck the Nevada line, where the car commenced to balk at the sand and Mrs. Girard thought it best to catch a train at Las Vegas. Girard kept on, how- ever, until he neared Cedar City, where the machine stopped altogether. Two hundred and ninety of the 900 miles were still to be covered, however, and it coat him $140 to be carried that distance in another car in time to go on on time. Girard states he has never missed a performance for ten years. TO BUILD TERRE HAUTE THEATRE Tep.ee Haute. Ind., Sept 29.—Plana have been completed for the new Terre Haute Theatre to be built at Eighth street and Wabash avenue and F. H. Gruneberg, president of the Bankers and Merchants Theatre Co., who will erect the new house, says that work on its construction will be- gin the middle of next month. "EILEEN" HAS $12,000 WEEK Hartford, Conn, Oct 1.—Joe Weber's musical comedy, "Eileen," opened the sea- son at Parson's Theatre here, last week. The Irish opera took $12,000 away with It at the close. >J ACTOR WEDS ACTRESS Stbacuse, N. Y., Sept 29.—Ralph G. Kemmet. who is playing an engagement at the Empire Theatre here, and Helene Linda Murray, professionally known aa Helen Stanley, were married to-day in this city. Z1EGFELD GETS NEW BEAUTY Terre Haute, Ini, Sept 28.—Margaret Ebberta, a local beauty, has been signed for the "Zlegfeld FoUies."