The New York Clipper (February 1919)

30 THE NEW YORIjL_ CLIPPER February 12, 191? VAUDEVILLE INVESTIGATION ADJOURNS (.Continnti from pat* 3.) »ctor in the matter of employment, if he did not belong to the K. V. A. The cancellation ot Cora Younghlood Corson, at the Family Theatre of Roches- ter, was next Introduced. Casey aald the matter had been effectually straightened out by him on behalf of the V. M P. A. and that Mlsa Corson had received her money in full for the week. Job. Myers, the White Bats' attorney. Caaey stated. acted for Miss Corson In the matter and' had been so pleased with the fairness of the V. M. P. A. that he (Myers) had writ- ten a letter thanking him and compliment- ing him on the attitude of the organisa- tion. A statement by Casey that all but one of the V. M. P. A. managers had paid actors In •full during the fueUess period last Winter, brought forth a query from Walsh as to whether the Proctor houses bad paid for the closed days, to which Casey replied that he believed they had. Earlier in the day Casey testified to the all round good work performed during the last year "ay the Joint Complaint Board of the V. M- P. A- and the N. "V. A- stating that the Board had settled upwards of 1200 disputes and disagreements between actors and managers and actors them- selves. 907 VaaeVmrsS. Theatres - On Tuesday, Casey was asked whether any part of Attorney Saplnsky's feea for services in the Goldle Pemberton Investi- gation was guaranteed by the V. M. P. IT He admitted that the V. M. P. A. had guaranteed a part of the fee; He then testified that there were 30? vaudeville theatres in the country. ; Of this number four hundred and twenty'two belonged to the V. M. P. A. or approxi- mately 48 per cent held membership. The rest of the 48S vaudeville houses, or 62 per cent, were not members of the V. M. P. A., Casey stated. Casey estimated that there ' are about 20,000 actors In the country, at the present time. With an of the theatres going at full speed, it was Impossible to provide employment for more than 12,000 actors, the witness said. In view of this fixed condition of supply and demand, Casey advanced the opinion that some 8,000 or 9,000 artists would neces- sarily have -to be out of employment at all times. The question of the value of a personal representative again came up for discussion, Casey, in support of his previ- ous testimony, again statins; that he con- sidered the personal representative essen- tial to the artist*a securing employment. In giving his views on the subject, Casey said that there la a very small percentage of vaudeville actors who will get up in -the morning and hustle around for work- Consequently, it was highly essential that they have some one to do the hustling for them. The average vaudeville actor Casey characterised as Improvident, stating that in the course of a long experience he had found about ninety per cent of them to be about four jumps ahead of the sheriff when It came to financial matters. Harry W. Gugler, an employee of the vaudeville Collection Agency was called to the stand before the hearing closed on Wednesday afternoon and gave testimony concerning the methods of business em- ployed by the institution. The stock of the Vaudeville Collection Agency is owned by Messrs. Albee, Murdock. Lauder and others. The following salaries were paid, ha said: Mr. Albee, 116,000; Mr. Murdock, *«,- BOO; Maurice Goodman, $10,000; the late A. Paul'Keith, 220,000. The Agency collected in the neighborhood of $200,000 a year he stated. Some personal representatives charged artists J100 a week, and others charged 2160 a week, for their services to acta, Gug- ler testified. Asked whether this was ap- proximately five per cent of the artists* salaries. Gugler declared he did not know. The question of whether an act could play for the Shuberts at the Wlnterg&rden or the Central on a Sunday night, and suf- fer no bad after effects as regards Its standing with the Keith offices, was brought Into the proceedings on Tuesday. Pat Casey who was queried conc er ni n g this phase of vaudeville bookings, stated that he knew of no specific instance where any act ever had its bookings cancelled by the Keith people on account of bavins; played the Shubert Sunday concerts. The Federal Trade attorney In pursuing his investigation of the Sunday concert question, asked Casey if It wasn't common knowledge that acts playing the two Shu- bert bouses on Sunday, would get in bad. so to speak, with the big time booking office. Casey denied that he knew or had heard of any such condition existing. Objects to Motmtrord Saveral times during the hearings on Monday, Tuesday and 'Wednesday, Mr. Kelly, counsel for the Keith and V. M. P. A. interests, registered a vigorous protest to the activity or Harry Mountford and bis frequent conversations with Walsh, at- torney for the Trade Commission. Kelly on more than one occasion scoring the White Rats secretary in scathing terms. Mr. Moore, the examiner, however, in each in- stance refused to allow Kelly's contention that Mountford be squelched and the latter continued to carry on whispered conversa- tion* with the Federal attorney. . Henry Chesterfield, secretary ot the Na- tional Vaudeville Artists, then took the stand, was twom, and stated that he lived at the Hotel MarkwelL Asked as to his occupa- tion, he said that be had been an actor for a number of years, doing almost every type of histrionic work. Shown Exhibit 30. he Id e n t ifi ed It ss the application of the N. Y. A for a charter and stated that the one under which the club now operates was Is- sued In response to that application. He was then questioned about tbe corporation. . "Is the National Vaudeville Artists a busi- ness or membership corporation 1" asked Walsh. - •"Purely a membership corporation," was the reply. "Has no capital stock, pays no dividends and carries on no business for actors7" con- tinued Walsh. "None except looking out for their wel- fare.*' replied the witness. These answers served as the foundation for Attorney Kelly to put forward another motion to dismiss the investigation, this tuns upon the ground that the commission has no power to pry Into the affairs of an entirely membership corporation. It was overrated, and Walsh again took np the examination,. ■ .Q.—Who Is president of the N. V. A-J A.—Willard Mack. ' Q.—Who before htm? A.—Eddie Leonard was president pro-tern. When the first meet- ing was held willard Mack was elected and Miss May Irwin was made treasurer. Asked to state who the other officers of tiie corporation were, be said that Hush Herbert la first vice-president. Bob Albright Second vice-president, Oscar Lorraine third vice-president, and George McKay fourth vice-president. - - - The witness was then shown a letter written on stationery of the N. V. A. and rubber-stamped with his name. It related, to the N. V. A. number got out by Variety. He was asked If be bad sent out such a letter and answered In the negative: "Did you ever see such a letter 7" queried Walsh. "Yes" answered Ch.esterfield. "A copy of It was sent to me by Variety, after It bad been sent out, and I phoned Mr. Silverman and told him to desist in sending it out any more as I did not think it was right" Q.—Bnt it's on N. Y. A. stationery. A,— Yes. ■ - Q.—And rubber-stamped with your name. A.—Yea • Q—How did they get the stamp? A.— Well, we wanted the number to be a success and I consented to the use of a letter and let them have the rubber stamp with it- But the letter was changed after It had left my hands and I objected. - Q.—Did you let them have the member- ship list of the N. V. A_? A.—Yes. Q. —Who gave it to them? A.—We per- mitted them to copy it just the same as we have permitted other papers to copy lists of our membership. Q.—WeU, after your objection were any more letters sent oat? A.—-No. No letter but that one was sent out. Asked About Clubhouse The inquiry then turned to the money raised at the benefits of the N. v. A. and Chesterfield stated that It was used to build a club house, "Does the N. V. A, own this buUdingr queried Walsh. "No," replied the witness. _ Q.—Then who does? A.—The Two Hun- dred and Twenty-nine West 46th Street Cor- poration. Q.—Who are tbe officers of that corpora- tion? A—I don't know. Q.—Who do you deal with as secretary of your corporation? A—Mr. Albee or Mr. Goodman. Q.—Do they transact whatever bus in ess of this corporation Is necessary? A—They hive been doing so. Q.—Do you know an act named Wolf and Wilton? A.—I don't recall the team name. Possibly .If I had their first names, I might Identify, them. . ^ — _ Q.—How many members has the N. Y. A.? A,—About 11.000. Q.—Do yon know Mrs. Adele Crosby, alias Miss Adele? A,—I don't remember her. Chesterfield was then excused, but win be recalled later. It was stated, when his exam- ination will probably take up at least a day. Charles T. Aldrlch who said he was forty- eight years of age. lived at SO0 West Forty- ninth Street and Is a performer, was the next witness. He said be had been In the theatrical business twenty-seven years, most of the time in vaudeville. He said he had made a feature of versatile acta, doing many things In one act. He said he had had dif- ferent agents at different times. Joe Ylon acting In that capacity at one time. "Was be your personal representative?" asked Walsh. "There was no such thing at that time," replied Aldrlch. "Later, Alf Wilton tried to get work for at," Q.—What year was that? A.—The year ot Advanced Vaudeville, 1906-1907. Q.—What year was the personal repre- sentative scheme introduced? A.—While 1 was abroad during 1907. I did not return until 1914. . Q.—What did you do abroad? This served as the pivot for another ob- jection from Attorney Kelly, who stated that whatever be did abroad was Immaterial, as it was beyond the scope of the inquiry. The objection was overruled, and he answered that he played the music halls while there. Q-—Did you attempt to enter vaudeville when you returned? A.—No, I was under contract to Charles Dillingham. Q.—Have you played since you returned? A—Tea. ten weeks. Q.—Where? A.—Cleveland Hippodrome : Majestic, In Chicago; Davis, Pittsburgh, and other bouses. I was booked by the organi- zations that do business In the Palace The- atre Building. Q-—Can you say what prompted you to go to Europe ? . A.—Becanse I couldn't get work In this country. Q.—What did you do to get work before determining to go over? A—Well, I was playing for William Morris in Advanced vaudeville when it was turned over to the V. B. O. I caned on Wilton and asked him to get work for me. Q.—When wss this? A.—In 1907. He didn't get me the work and said that Opposes H ea r s ay Testimony Tlds answer brought Kelly to bis feet like a shot and he put in a strong plea against the witness being allowed to repeat any- thing tint Wilton might have sain, for the reason that Wilton was not a member of the TJ. B. O. or any of the other respondents at the hearing and never was. Goodman also put in a strong argument against tbe admis- sion of such testimony, but the decision of Examiner Moore was to overrule them both. Aldrlch was then told to repeat what Wilton had said to him. "He told me," went on Aldrlch, "that the men had entered Into an agreement, one of the articles of which was to the effect that any one of them would forfeit from 25,000 to 210.000 If It was found that they were playing any acts blacklisted for playing Ad- vanced Vaudeville." ■ - - ■ Q.—Did you make any attempt to verify the statement, A.—No. I at once msde ar- rangements to leave the country. Q-—Just previous to that time you were working for William Morris. Was he a mem- ber of the TJ. B. O.? A.—No, he was oppo- sition, with the Advanced Vaudeville. -Q-—How did the fact that the V. B. O. took over tbe 'business of Advanced Vaude- ville affect yon? A.—It threw me out of employment for a time. <*.—With whom? A—Advanced Vaude- ville. Q,—How? A,—Advanced Vaudeville was taken over by the D. B. O. and I was on the blacklist of the U. B. O. Kelly again objected, here, to the use of the word blacklist. ■ ■ Q-—Mr. Aldrlch, are a standard act and a headllner* synonomoos? Are they the same? A.—I can only give my own defini- tion which is that a standard act Is one that Is above mediocre and not costing too much money for a manager to pay. Q.—Was your act a standard act? A.— I take It that it was as I had received much work. The witness was then turned over to Good- man for cross-examination who, before he started, moved tht his entire testimony be stricken out becanse Incompetent and im- proper. Inasmuch as Aldrlch had attempted to relate tbe contents ot a contract and con- versations with Wilton, who had no relation whatsoever with tbe u. B. O. or vaudeville managers. It was overruled and be went on with the cross-examination. Q.—Mr. Aldrlch. were you, within the last two years .offered a route of ten or twelve weeks by the IT. B. O.T A.—I played such a route. Q.—Do you remember when? A—I cant But it was within the last two years. Q.—What was your salary? A—Six hun- dred and fifty dollars per week Q.—Weren't you offered ten additional weeks at 2650, and didn't you refuse them be- cause you couldn't get 2750? A,—I don't remember. Q.—Will you swear that you didn't? A,— Can't remember. .-. Q.—Didn't the D. BO. make yon an offer while you were abroad? A.—Yes. ' Q.—Are you employed now? A.—Yea. At the New York Hippodrome. - Q.—How long have yon been there? A.— All season. Since August. Q.—What salary do you receive? A,— Four hundred and fifty dollars per week. Earner Meys as T sil jf il s Aldrlch then left the stand and Barney Myers ,a former booking agent, -took his place, stated that he was fifty-three yean of age, lived at the Princeton Hotel, and hadn't worked In three years. He kept smil- ing st most everybody in the room during all tbe time he was testifying. "What were you doing previous to three' years ago?" queried Walsh. "I "was a vaudeville agent, booking acts through the United. Pantages. Sullivan and Consldine and other circuits," was his reply. Q.—■ What prompted yon to quit? A.— Weil, I wasn't doing very much businesa Q.—When did yon do business with the TJ. B. O.? A.—About ten years ago. Q.—When did yon cease? A.—About ten years ago. - - Q.—How long did you do business after you quit with them? A. —-About seven or eight years. -•..-■«. Q.- —Why did you stop business with the TJ. B. Ov-iAi-sJ'-waa put out. :t'.'p- » Q.—Staee^-the5<acts: A.—I fcad.an office at that time. Myers and Keller, at 31 East •Barr y-first Street It Was at the tUne Mr. Williams and all the managers went together end K. and E. went in with Morris. The booking office started booking _. head and we booked two acts with Morris. I was called to tbe D. B. O. office and-told 1 by Mr. Beck and Mr. Albee and Mr. Proctor that we- couldn't do any more business with them because we had booked with the oppo- sition. -• ■ -- Mr. Kelly objected to the witness's rela- tion of anything that anyone bad told bis to this regard, but his opposition was over- ruled. Shortlf■ after that, Myers said, he had been told i>y Dan Hennessy that- he could not come into the TJ. B. O. offices any more. ■ ■■- "Have you applied recently for a franchise, Mr. Myers?" asked Walsh. 'Yea. Last November I sppUed to Mr. Albee for a franchise, bnt he wrote me a letter stating that Inasmuch as I had made a living outside of vaudeville for a number of years, I should continue to do so." ' Turned over to Goodman for cross-exam- ination, the latter first asked him if he had booked through the Independent Vaudeville Agency and he replied that he had. Q.—The Independent charged 5 per cent commission, didn't It? A.—Yes. Q.—What did you charge? A.—Five per cent, Q.—So tbe act paid 10 per cent, did It? A.—Yes. Q.—"They were mostly White Rat Acts that booked through the Independent Agency, weren't they? A.—Not til, but mostly. Q—Do you . understand that the While Rati bad an interest in the Independent _ . Agency? A.—Yes. Q.—Who ran It? A.—Mr. Mozart. Q.—Did Sheedy have an Interest? A.— I don't know. Q. —Where did yon do business between 1910 and 1910? A,—Here, with Moss and Brill. Q.—How many houses on the Moss and Brill time? A.—About four houses. Q.—Did yon book with Loew? A.—Yea. Q.—How many weeks did you get there? A—Forty at that time. • . -. Q.—How many weeks could you get est Sullivan and Consldine time? A.—About twelve. . _' - _ • - Q.—Do any business with Fox or- Pan- tages? A.—Yes. . _ • Q.—And an charged the acts 5 per cent, didn't they? A.—Yea. Q.—What'did you get? A.—Five per cent. Q.—Now. referring to the conversation you say you had with Messrs. Albee, Beck, Prae- tor, etc Do yan mean to say that they _• were all present at the one meeting or did you speak to them separately? A.—They were all present at one meeting. -. -- Q.—Who was the spokesman? A.—-Mr. Murdock. _^ ' Q.—How manv acts had yon booked with K. and K.? A.—Two. Q,—Did the Advanced Vaudeville have bouses in the same towns where TJ. B. O. houses were situated? A.—Yes. Q.—Then, if you were running a noose where there was opposition, you wouldn't think it good business to let it have acts first, would you? A.—No. - Q.—Then you can't blame the U. B. O. for wanting acts before the Advanced Vaude- ville, can you? A—No, I can't That ended Myers' testimony, and he left— as he had gone on tbe stand—smiling broadly. Sam Hodgdon 1. Called Sam K. Hodgdon, called the booking man- ager of the TJ. B. .O. offices, followed him, and after stating that his home Is in Suujte a DuyviL be took pains to state that, while he bore the title of booking manager, he really did not perform the functions of such a sttlon at present, bis attention now b given entirely to the detail of the derli department where, in some cases, he signs contracts for managers. He stated that he bad been connected with the Keith Interests ,for thirty-five years and with the TJ. B. O. ever since its organization. Mr. Hodgdon gave a great deal of historical data concerning the Keith and IT, B. O. or- ganization!!, finally stating that the TJ. B. O. now books about fifty big time houses and seventy of what It calls Its Family Time, houses. "And you have charge of the big time, Mr. Hodgdon?" asked Walsh. ••Yea," replied tbe witness. - ■ Q.—And who has charge of the small time? A.—Mr D. F. Hennessy. Q.—Who do you sign contracts for? A.—' Managers of theatres. I sign for most ot them, in fact. The bouses in Buffalo and Rochester, however, sign for themselves. Q.—Yon have power of attorney to do So? A.—Yes. A contract Is made by tbe booking representative and Issued through our clerical department. The name of the company or corporation owning the theatre Is generally printed on It and I sign my Initials for tbe manager, Q.—And who signs for the artist? ' A.—- Tbe artists themselves, except when they delegate someone else to do so. Q.—Does the B. F. Keith Vaudeville Ex- change secure work for actors? A.—Yes, If the actor chooses to do his own business he" can come in and arrange matters. Bnt.the majority prefer to have an agent. At this point tbe conduct of Barry Hount- ford again caused Attorney Kelly to appeal to tbe Examiner and ask that be be re- strained from taking part in the proceedings. Mountford had drawn bis chair alongside of • Walsh and was continually whispering and ' framing questions for the attorney to ask the witness. "I ask," continued Kelly, "that Mountford - - - be stopped* from taking any further part la these proceedings. It has been shown that