The New York Clipper (May 1919)

Copyrighted. 1919. and published WSSHJT by the Clipper Corporstios. 1604 Brosdwsr. New York. Eateredat the PosUofrce St New York, Jttnsa4.la7g.ss Founded by FRANK QUEEN, 18S3 NEW YORK, MAY 28, 1919 under Act of M«rck 3. 1»». VOLUME LXVn-No. U Price, Ten Cents, $4X0 a Yew SUNDAY SHOWS fXPECTED TROUBLE LOEW HOUSES SWITCH ACTS Following a "tip- late last week that the police were going to "start something" •' with managers of vaudeville houses when acrobatic and other acts not strictly In conformity with "sacred" concert stand- - anls were appearing on Sunday, the Loew .-.■booking office got busy and eliminated from the, Sunday bills in their many houses throughout the city those acts which they believe the police would find objectionable. As a result, acrobatic, contortionist, animal, and in some cases dancing acts suddenly received notice on Saturday that that day finished their "last half," and ' they were to appear the following day in houses in various near by Jersey towns. No definite explanation was given, for this rather sudden switch in '. booking,' but it . was intimated that the "Sunday squealers" were out to "get" vaudeville theatres in Greater New York. '.'.'.. Inquiries early this week as to the source of the "squeal" failed to reveal any- thing beyond - the fact- that one of the vigilance committees watching out-for in- fractions of the Sunday laws—the 'recently passed law. permitting baseball on. Sun- day having spread gloom .over these latter —was. bent on causing .trouble at some vaudeville house, presumably one. of the Loew houses. :•; When questioned about the matter, Dun- can J. McMillan, general secretary of the New York Sabbath Committee, which sever- al months ago stopped Michio Itow and his . .troupe of dancers from appearing, at a scheduled Sunday concert at the Selwyn Theatre, disclaimed any knowledge of re- cent activities of his committee against Sunday performances at vaudeville thea- tres. "We never act unless we receive a com- plaint," declared McMillan, "and, so far as I know, we have had no occasion to stop vaudeville theatres from running on . Sunday, having received no complaint re- cently." ■ ■ Nevertheless, among the acta at the Loew houses that were suddenly notified by the booking office that their last half' ended on Saturday night, were the follow- ing: - Williams and Daisy, and Jean and Jacques at the American; McNatly, Dinas and DeWolfe and Cummin and Seaham at the Warwick; The Lordens and Josie '& O'Mears at the Victoria: Nettie Carroll 3 at the Metropolitan: Adonis and Company -; at the Fulton; The Casting Mellaa at the ' Lincoln Square ; The Romas Troupe at the DeEalb; Hanlon and Arthur and the Kama Four at the Delancy: "Watson's Dogs and the Flying Henrys at the Palace, and Kinzo at the Orpheum. ' At the.Ebew offices it was intimated that the elimination of this class of acts on • -Sunday 'would not become' an established Policy, and that'in nil probability the fuss would blow over soon and the canceled acts would be appearing' soon at "sacred" shows. REWRITES "LOOK AND LISTEN "Look and Listen," the new A. H. Woods mystery melodrama, which was pro- duced in Atlantic City last week, ia back in New York entirely re-written by Wil- lard Mack. ■'.' '■ -. . i Under the title of "A Voiea in the Dark," it will be seen at the Park Square Theatre, Boston, June 9, for a Summer run. The piece was first presented on. Monday night and Woods, who witnessed it, saw, in spite of its many faults, big possibilities. Consequently, a hurry up call waa sent for Mack. He witnessed the play on Tues- day night and between that' time and Sat- urday entirely re-wrote the piece. The new first act-was played on .Friday and Saturday night and rehearsals of the new version are now being held at the Eltinge Theatre. ARREST 68 SHOW OWNERS West Haver, Conn., May 28.—AH amusements at Savin Rock have been closed by the West Haven police, who ar- rested sixty-six persons, proprietors of amusement concessions at the shore resort here, and charged them with violating the Sunday secular law. The arrests were made at the direction of John N. Loomis, Chief of Police of West Haven. Two "toboggans" and a fortune telling booth were first closed, and later the police shut down practically everything at the resort. The warrants under which the arrests ' were made were issued by Prosecuting At- torney Edwin L. Smith of the town of Orange, all were ordered, to.appear in the town court and some were- required to' furnish < bonds for their'appearance. MANAGERS BEAT CITY Wheeling, W. Va., May 22.—The cases of the city against the various theatre man- agers here, have been dismissed by Judge Robinson, who, thereby, reversed and an- nulled the decision of the police court. The suits were the result of the fining of the theatre managers at the time of the "flu" epidemic last Fall. At that time the Health Department filed a com- plaint against the managers, charging them with having opened their theatres in viola- tion of the closing order. The managers claim that they have made various efforts to have the cases tried, but each time the city interposed. Jndge Robinson's decision called for the city to pay the 'coats. RE-CAST IRWIN SHOW Kurt Eisfeldt, A. Ll Berman and their associates have chosen an entirely new cast of principals for the May Irwin show, "The Water's Fine," which they produced out of town several months ago, sissiaf; it after it was out six weeks. . The show, written by Glen MacDonough, Sammy Lewis, Joe Young and Ted Sny- der, will be presented again early next sea- son, it being planned to open out of town again and then bring the piece into a New York house. May Irwin will resume aa the featured player. Edgar MacGregor has been engaged to stage the show. ILLINGTON*S BUTLER ARRESTED Frits Bernard and lua wife, both for- merly in .the employment of Margaret. II- lington as butler and maid, were'arraigned in Rome, N. Y-, last'-week. They .were ch ar ged "with stealing the property of a family in Rome; The arrest was made at the home of Miss IUington in York- shire, Westchester County. TRADE COMMISSION ENDS ITS INQUIRY INTO VAUDEVILLE Respondent* May Not Put in Defence—Testimony Now Goes to Wsjsaington—Mountford I* Not Heard—Casey and • Chesterfield Recalled—Sheedy Is Examined The Government rested Its case lata hut Saturday in the investigation by the Fed- eral Trade Commission of the vaudeville business. Unless the Vaudeville Managers* Protective Association, the National Vaude- ville Artists and other respondents decide to enter a defense, - the case will soon go to the Federal Trade Commissioners for decision. Up to Monday afternoon. Attorney Maurice Goodman, who has had charge of the active handling of tie case Cor the respondents, said that the vaudeville man- agers had not yet determined whether to produce witnesses or to let the matter stand as it is. ' -~ N Should there be no defense, the next step will be the preparation of briefs by both sides. These will' be sent to Examiner Charles B. Moore, of Washington, D. O., who represented the Federal Trade Com- mission at the hearing held at its New York headquarters, 20 West Thirty-eighth street. Examiner Moore meantime will go over the 3,000 pages of testimony and make a recommendation to the Commission. The Commission may make its findings on the briefs or it may consider it necessary that .there be an.oral argument at Washington. . Examiner Moore's report, aa ia the custom, will be kept secret, no matter whether .hht suggestions are agreed upon or overruled. The sudden termination of the Govern- ment's case was a surprise to the vaude- ville leaders, for they .had thought Harry Mountford, International Executive of tie White Rats' Actors Union, would take tie stand. Mountford did want to be a wit- ness, bnt Attorney John Walsh, former Chief-Counsel for the Federal Trade Com- mission, who waa retained to carry on the case, refused to let him do so, aa his testi- mony, Walsh said, would only be a repe- tition of other witnesses' stories. The hearing began in New York last February. Adjournments were frequent and, at times, several weeks elapsed before the sessions were resumed. A report of the case, day by day, fal- lows: Thursissjr Attorney Maurice Goodman, represent- - ing the respondents, occupied the entire day cross -examining Fitzpatrick, and was not through with him when Examiner "Moore adjourned the hearing until the next morning. A motion by Goodman to strike from the record the testimony of FitEpatrick, John J. Quigley, Bernard A. Meyer, Harry Bulger, Helen. Nelson, Charles T. Aldrich, Edward Clark, Edward M. Fay, Margaret Torcat and Richard Edwin Keough was denied. Goodman contended that the greater part of these witnesses' testimony was of the hearsay variety; that, Fitz- patriek's statements -were particularly so,'! ia that they Md not bw upon Mi per- <r sonal experiences. The actors whose s upp ose d troubles were set forth by FiU- patrick, Goodman asserted, should he called to speak for themselves. Also, hs> stated, neither Fitxpatrlok, the White- Rats nor the respondents arc engaged in interstate commerce. Reports and other papers of the Whits Rata wan passed over to their pissidasrt for identification. Be was queried at con- siderable length over the manner of his election in 1818, as the union's first head under tta now constitution. FItipatriok admitted that, although he had been a vaudeville artist since 1007, he did not lorn the White Rats until 1912. After he left college in 1001 he waa a lumberjack in Minnesota; a newspaper reporter at Waterbury, Conn., and, in 1006, became treasurer of Poll's Theatre at Waterbury. and two years later went out in a playlet of which he waa the! author, entitled "The -Turn of the Tide." The act only received $100 during its opening week at Hartford, and two weeks later at Waterbury, $125, aa the latter was Fitxpstrick's home town. Since then he has written "Waiting for the „ Wagon," "Monday Morning," The Empty Jtoom," "The Second Generation," "The Pitcher and the Well" and "Tho Wanderer," all.playlets. On direct examination he had complained . of having to play an extra performance at Keith's, Louisville, Nov. ~4, 1012, election night \ Q.—Didn't your contract provide for the extra show! A.—I'am almost positive it did not. ? Q.—Other,sets flayed the extra per- formance, didn't t&eyT A.—-They did, kicking vigorously.! "I didn't aak for' that last statement," objected Goodman.! "I didn't expect it, because you are an intelligent witness." "I beg your pardon," said Fitzpatrick. Q.—Wasn't it on. the occasion of i"W- tion week at Louisville that yon received S30O a week for the first timet A.—Yea, sir. Q.—And yon continued to receive $800 a week for. some Urns? Am— Tat. . Q—Didn't the fact that your salary waa raised that week enter at all into your consideration t A.—It wasn't raised. a—Did yon got $300 a weak before 7 A.—The other weeks were only try-outs. Q.—Ever receive $800 a week previous to that time? A.-~No. Q.—Your salary ranged from $800 to (SS0T A—Yes. That's the reason X played the election night extra show, that $300. | - Q.—Isn't it a feet that there is a fall- ing off in business at theatres on the day following' election and Mew Tear's Bvof A—I dont think so. No. Attorney Goodman here let fly a quiver ., full of queries to prov. that tk« prises of .- acts are governed by relative population .%. of cities and r th» extent of business at '•- various theatres. To the question whethsr the manager of a small town house could l O on M u u e * esi Psssc 30-81-»4)