The New York Clipper (August 1919)

10 THE NEW YORK CLIPPER August 6, 1919 TRY TO BREAK MOSS LEASE ONFLATBUSH HOUSE MAKING GOOD PROFIT The owners of tie Flatbush Theatre, Brooklyn, are endeavoring to cancel the ten year lease which B. 8. Moss hsa on that house. This became known last Wed- nesday when Myron Sulzberger, attorney for Moss, and Isidor Bnrbanm, represent- ing; the Borough. Operating Corporation, which owns the Flatbush Theatre, argued a motion before Justice CaTlwghan of Hie Brooklyn Supreme Court to continue the. restraining order obtained by the owners against Moss. This prohibits Moss from proceeding with alteration work started on the Flatbnsh Theatre, now closed for the season, but scheduled to re-open again next month. Judge OaHaghan took the matter under advisement. According to the complaint filed by the owners, Moss has no right to make altera- tions on the theatre costing more than $1,000 without the consent of the owners. The estimated coat of the alterations he is planning at this time is 525,000. The owners claim Mobs is going ahead with the work withont their consent And the rea- son they have failed to give Moss their consent they claim, is because the theatre was leased to Moss to be conducted by Mm aa a vaudeville and motion picture house, and now that he ia sfwlsraii with the Famous Players-Lanky Corporation he will eliminate the vaudeville from the house's policy. This, they say, will diminish the profits, and since the owners have a fifty per cent share in the profits, under the lease, they are directly concerned with the manner in which Moss runs the house. Moss, in answering affidavits filed by his attorneys, ascribes an entirely different reason to the motive of the owners in seek- ing to cancel his lease at thia time. He claims they are trying to force him to buy the theatre at their own price. Under the lease entered into between the litigants in September, 1916, Moss took the bouse over or ten years, he to pay the owners a yearly rental of 912,000,811 taxes and insurance, and ater all overhead charges were paid, including $100. weekly to the Mosa interests for supervising the theatre, the profits were to be divided on a 50-50 basis. Continuing, Moss points out that previous to his taking over the Flat- bush it had been losing money for the owners, who failed to make it pay even after they had booked it first through the Marcus Locw agency and later through the Keith agency. - And even after Moas took the house over in September. 1918, he claims, the losses continued for four months, the total for Oat period being S2.09L31. However, he sets forth that he did pnt the house on a' paying basis, giving the following schedule of profits since he took it over: 1917 (12 months), $13J86J4: 1918. $16,140.24; and from January 1. 1919, to last May 31, $21,217.46, making the amount of the total net- profits since he took over the house $50,543.84. Moss denies that he will change the policy of the house to the detriment of the subsequent receipts and profits, pointing out that whereas he has been playing small time vaudeville acta and showing second run pictures, it is his intention to present big time vaudeville acts and first run pic- tures hereafter; and the reason he is cut- ting part of the stage away'is because he intends to engage an orchestra of twenty- five union musicians for the house, there being room for but ten men in the orches- tra pit at present. He also avers that during bis tenancy be has expended a total of $12,008.69 on repairs and alterations Which the owners have consented to. That he negotiated with the owners to boy the house is also set firth by Moss. He says that Ebling, the brewer, who is the majority stockholder in the corpora- tion which owns the property, asked $300,- 000 for the house, which was built in 1913. He practically closed the deal with Ebling, agreeing to buy the theatre for 8243,000, with $50,000 cash to be paid over by him. But the deal fell through because Ebling demanded $75,000 in cash, explaining that he needed that much to boy out the com- paratively email interest held by Anton Neuberger, president of the company. John . J. Kelt, the real estate broker, through whose efforts Moas obtained the Flatbush under lease, in an affidavit filed in support of Mom states that Neuberger told him that the Moss Lease would be broken, in which event the owners could get 8300,000 for the property. MAX HART DISCHARGED Max Hart was last week discharged as receiver of his own booking business, in which capacity he has been acting under a Supreme Court appointment since June, 1918. The receivership resulted from the suit started by his wife, Madge Fox Hart, for one-half of her husband's property and an accounting of his affairs in general. Judge Ford last Saturday granted the motion made by Hart's attorneys, Blandy, Mooney and Shipman, to discharge him. from the receivership. This was in line with the recent decision handed down by the Appellate Division of the Supreme Court on the appeal which Hart took from the Supreme Court's decision earlier in the year. The court below found nut Mrs. Hart was entitled, as she claimed, to one- half of all of her husband's property. The Appellate Division modified the judgment to the extent that it allowed her only one- half of the property owned by Hart up to and including January, 1917. The case has been referred to Abraham Stern, who has been appointed referee by the Supreme Court to compute the amount that Mrs. Hart is entitled to under the decision. Incidentally, the $50,000 bond deposited by Hart as receiver, has also been discharged. Edward W. Drncker ia Mrs. Hart's attorney. BUTTERFIELD IS EXPANDING Battle Cheek, Mich., Aug. 4.—W. S. Butterfield - is to erect a new theatre at Flint, Michigan, to be known aa the Re- gent Work has already been begun, .and the house .will be, ready by New Tear's Day.,, The new Regent Theatre at Lima, Ohio, will open on August 28, and the Re*, gent at Kalamazoo will open on : August 31. COMPLAINS OF LOEW ACT R. Mortimer, who claims to be a member of the original Oxford Trio, a vaudeville act, has asked the N. V. A., complaint department, to take measures to restrain an act now playing the Loew Circuit from using their title. The matter is being in- vestigated. PANTAGES WILL. BOOK IT Columbus, Ohio, Aug. 2.—The South- ern Theatre, of this city, which has-been leased by Fred Stair, of Toronto, will open August 18 with vaudeville booked by the Pantages Circuit Fred Stair will man- age the theatre and Jake Lavene will be business manager. PARK PUTS IN VAUDE. Danburt, Conn., Aug. 4.—Beginning tonight there will be inaugurated a new policy at Kenosia Park. Hereafter the program will consist of vaudeville and pic- tures. POLI MANAGERS HOLD BIG OUTING BASEBALL GAME NEARLY A RIOT ASBURY HOUSE DROPS VAUDE. . Asbubt Pabk. N. J.. Aug. 4.—The Gar- den Theatre here has eliminated its vaude- ville program and will hereafter present a straight picture program. . A reunion of the Poli Circuit mans and executive staff took place last Sun- day at Cherry Hill Farm, New- Haven, Conn. S. Z. Poli was host, and had all of his managers there with the exception of James Harrison, of Washington, who was unable to attend on account of ill- ness in his family. The managers assembled at the Poli Theatre, New Haven, where they were taken in automobiles to the farm, owned by h. M. Sagol, one of Poll's executive staff, where athletics and a baseball game were indulged in during the morning, after which a clam bake was served. The ball game, with the score a tie at 7 to 7, was broken np in the sixth inning when the members of both teams, com- posed of the house managers on one side and' the executive staff on the other, mobbed R. C. Miller, who is. the head of the.Poli motion picture booking offices. Miller was reviled and abused and, at one time, threatened with bodily harm, and only through the efforts of P. Alonzo was he able to leave the field unharmed. Another person to assume the duties of umpire could not be found, so the game was called off. John McCarthy and BUI Jackson, who run the Poli theatrea in Scranton, and John Calvin, who operates the Wilkes- Barre Theatre, refused to ride to the farm in automobiles. So George Poli secured a coal cart, in which these three belliger- ents were conducted to the place. Matt Saunders, manager of the Bridgeport the- atre, came over in a new Ford car. Some jester had a sign painted which was tacked onto the tail end of the car. It read, "Just Married. Last year, a Haynes: this year a Ford; next year a baby car- riage." During the bake Mr. Poll mado a short address to his managers in which he out- lined the plans of the Poli organization for the coming season. Those who attended besides the "Big Chief," included: P. Alonzo, Edward Poli, George Poli, Lv M. Sagol, Benjamin Slade, Peter Tranchi, R. C. Miller, Lew Garvey- and Lew Dotyv all of the executive staff, and the following managers: Ollie Ed. wards, Palace Theatre, New Haven; Walter • Griffith,. Bijou Theatre,- New Haven; Henry Menges, Hyperion The- atre, New Haven; James McCarthy, Plaza Theatre, Bridgeport;. Matt Saunders, Poli Theatre, Bridgeport; George Elmore, Poli Theatre, Waterbury; John Murphy, Garden Theatre, Waterbury; R. B. Royce, Strand Theatre, Waterbury; Harry Par- son, general manager of the Waterbury theatres; Lew KiHry, who will manage the new Poli Theatre, Hartford; James Clancy, Palace Theatre, Hartford; Gor- don Wrighter, Palace Theatre, Springfield; Thomas Meehan, Poli Theatre, Worcester; Joe Cone, Grand Theatre, Worcester; Bert Howard, Plaza Theatre, Worcester; Lloyd George Vallis, relief manager; John McCarthy, Poli Theatre, Scranton; Will- iam Jackson; Academy Theatre, Scranton; John Galvin, Poli Theatre, Wilkes-Barre; Frank Harvey, Life Theatre, Meriden, and James Thatcher, manager of the stock producing companies in the Poli theatres. SIGNED FOR "HITCHY-KOO" Duffy and Sweeney have signed with Raymond Hitchcock for "Hitchy Koo." Hitchcock saw the act at ' the Lights' Cruise at Far Rockaway on Saturday night and promptly signed them. The show went into rehearsal on Monday night TROUBLE IN WARD ACT Will J. Ward has been having trouble with the girls in his piano act and, aa a result, will open his engagement on the Orpheum Circuit next Sunday at Winni- peg, Canada, with a new aggregation. The trouble all came about when Frances Holcomb, one of the girls, served notice on Ward that she either wanted an increase in salary or would quit the act Ward told Miss Holcomb that he had a contract with her to appear for him at $50 a week and that he would hold her to It The girl consulted an attorney and he advised her that the Ward contract would not hold in court and that if he did not meet bar de- mands, that she would have no trouble if she broke it. Acting under thia advise, she Informed Ward that she desired $7R a week or would quit the act When he refused her demand, she gave him her notice to take effect at Waterbury, last Saturday night. Then, it is said, Ward accused three of the girls who were working in the act with 1 siding in with Miss Holcomb, and told them that an account of their attitude they would also be free to leave his act at Waterbury. The three girls whom he re- leased were Ray Evans, Kittle Leavitt and Jeanette Leavitt All of these girls have been with the Ward act for the last two- years. It could not be learned on Monday whom Ward was replacing these girls with. DOOLEY PUTS OVER GOOD SHOW "Skipper" J. Francis Dooley staged what was declared to be one of the best shows of the season at the Lights Club house in Freeport last Saturday, night It was a little late in starting, as the return of the members of the Cruise from Far Rockaway was awaited. Those who appeared on the bill were: Meng and Snyder, Andy Rice, Yates and Reid, At Von Tiber, Raymond Hitchcock, Gilda Gray, Frank Tlnney and Pearl White, in a travesty skit Following the vaudeville programme, an afterpiece burr lesque on "Uncle' Tom's' Cabin" waa pre- sented. Those who participated were Eddie Carr, Sam Martin, Tommy Dugan, Mike Coakley, Joe Dunlevy, Jim Diamond, Frank. Sweeney and Harry Hills, Thia Saturday evening, Sophie Tucker will be "skipper,"'and she has arranged a bill composed of all female talent. JIMMY LUCAS ARRESTED fj. Jimmy Lucas, while driving a motor,-car at Parkville avenue and Ocean Parkway last week, ran down three.people, one of them TToward Dean, who is, suffering from a, fractured skull which may ;'cause . his dca,th. Lucas, who was arraigned in court, for driving without.a license, was flned v $5 in the Flatbnsh Avenue Court.' Should Dean die Lucas will probably have to an- swer & technical charge of homicide. HOWARD AND. BROOKE SPLIT Charles Howard'and Tyler Brooke, who, for. the last three months, have been playing in vaudeville, dissolved partner- ship on Saturday. Brooke ia going with the Henry W. Savage production, "Head Over Heels," and Howard also plans to join a production. SIGN FOR BAYES SHOW Green and Parker, who have been pre- senting a black-face act in vaudeville known as "At the Junction," have been signed by Nora Bayes to go with her show, "Ladies First," for forty weeks. RENARD AND JORDAN ROUTED Nat Renard and Betty Jordan have re- ceived a route over the Keith time with their new act, "The New Hotel Clerk." Bernard Burke is their agent GET ENTIRE PANTAGES TIME Woolf and Patterson have been booked to play all the Pantages time by Joe Michaels. They, open their tour on Ang 17 at 'Minneapolis..- •