Show World (May 1909)

THE SHOW WORLD May 22, 1909, WALLACE ANSWERS HAGENBECK BILL F (Continues from pi eS.) and assets. They made many unsuc¬ cessful attempts to either sell or com¬ bine the company which was then traveling under the name of the Carl Hagenbeck Greater Shows, with the Ringling Brothers, Barnum & Bailey, Buffalo Bill’s Wild West and other shows. The answer gives a full history of all the doings and transactions of the Carl Hagenbeck Trained Animal com¬ pany from the time it was first con¬ ceived for the purpose of exhibiting at the St. Louis World’s Fair, togeth¬ er with all the correspondence relat¬ ing thereto; its experiences on the road and its exhibitions in theaters and buildings, and its disastrous season on the road as a traveling cir¬ cus and show company; then the sale to the Carl Hagenbeck Circus and Show Company—a corporation organ¬ ized under the laws of the state of Ohio for the purpose of expanding the attractions and novelties of the former circus and to increase its capital stock, all of which is alleged to have been done in the hope that the circus and animal show would prove to be an attraction from a financial standpoint. Hagenbeck’s Advice. The great losses which were said to have followed and which are al¬ leged to have been due to following the advice of Carl Hagenbeck to add new and additional novelties which the American public did not patronize, are said to have amounted to thous¬ ands of dollars to the stockholders. The answer further states that Carl Hagenbeck never invested one dollar of his own money in any of the at¬ tractions in which his name was used. The answer also states that on June 21, 1902, Hagenbeck made a contract in writing with himself, John H. Hav- lin, Frank R. Tate, and C. Lee Wil¬ liams by which he parted absolutely with the right to use his name (“Carl Hagenbeck”), in the western hemi¬ sphere in connection with the training and exhibiting of wild and domestic animals; that these gentlemen were to form a corporation, which was formed under the laws of the state of Missouri, and that Hagenbeck re¬ ceived one-fourth the number of shares issued in said corporation which was called The Carl Hagenbeck Trained Animal Show Company, and that each of the other gentlemen re¬ ceived a like number of shares. The answer further relates that when this company sold its entire assets to the Ohio corporation, which was known as The Carl Hagenbeck Circus and Show Company, Hagenbeck received a number of shares in the new cor¬ poration corresponding with the num¬ ber held in the old, pro rata with the invested capital. The answer then al¬ leges that Havlin, Tate, Williams and others had invested more than half a million dollars to launch the new corporation with the hope of retriev¬ ing past losses in the old. Wallace Wanted to Retire. Wallace then states that he had no intention whatsoever to become con¬ nected with the Carl Hagenbeck Shows; that he had concluded to re¬ tire to those estates which the profits of his business as circus proprietor had enabled him to buy, and to there spend his remaining days. The “es¬ tates” to which reference is made are the talk of the circus world and are considered a monument to the high culture and taste of B. E. Wallace, and are located in one of the most beau¬ tiful and picturesque spots in the country. He further states that he had advertised the Great Wallace Shows for sale, but that upon the per¬ sonal appeals of Havlin and Tate to save the alleged wreck of the Carl Hagenbeck Circus and Show Com¬ pany “from ignominy and financial ruin,” he finally concluded to purchase the same, paying therefor a large sum of money. Wallace states that in addition to the appeals of Havlin and Tate he had read fifty-seven varieties of let¬ ters from Hagenbeck, the entire fifty- seven being set forth in full in the answer, and that he was then fully convinced that Hagenbeck had dis¬ posed of the right to the use of his name and that the disposal of the same would never be questioned. Thomas S. Hogan, of Hogan & Ho¬ gan, counsel for the defense, said: Collusion Is Intimated. “This suit was never brought by Carl Hagenbeck personally, in my opinion, he has been advised or per¬ haps may be assisted by some of the other large circuses because the only competitor of the Ringling Brothers and Barnum & Bailey shows today is the Carl Hagenbeck and Great Wal¬ lace Shows Combined, and consider¬ ing that all the great circuses aside from the Hagenbeck-Wallace are un¬ der practically one management, they could well afford to spend thousands upon thousands of dollars to crush out competition. “The answer, as you may have noted, contains a full and complete statement of the negotiations for a coalition with the Ringling Brothers and also the Wallace deals. It also explains that before selling to Wallace every possible effort was made to coalesce or sell to any of the great public at¬ tractions without avail. “Mr. Hagenbeck was more fully posted as to the dealings and trans¬ actions of the two corporations in which he was a minority stockholder than any stockholder in any organ¬ ization I have ever known or been connected with, and in my experience s a legal practitioner at the Chicago ^ ar I have represented hundreds of ,i “No i could possibly complain of the treatment that Mr. Hagenbeck received at the hands of his former associates unless he had some ulte¬ rior object in view. “So far as the ultimate result of the litigation is concerned, I have no pos¬ sible doubt that the court will sustain the contentions of the defendant in every particular. “This is the only case on record in England or America where a man has sold his right to use his name in a certain territory in connection- with a certain business, who, in the face of a written contract of sale, and the fur¬ ther fact that hundreds of thousands of dollars were expended by the pur¬ chasers of the right, in advertising the name, ever attempted to repudiate the contract and applied to the courts for Harry Daniels and Twelve Employes Are Charged with Assault and Battery. Cleveland, May 18. Manager Harry Daniels and twelve stage hands of Keith’s Prospect street theater were arrested yesterday on warrants sworn out in a justice’s court charging them with resisting officers and assault and battery. Affidavits were made by Constables Carwilleand Rosenblatt, who claim they were as¬ saulted last Saturday night .while serving an attachment on the prop¬ erty of Edmund Stanley & Co. The attachment was served v. request of Miss Helen Ford, who claimed that Stanley broke a contract with her, causing her financial loss.- YOUNG. ST. PAUL NOTES. St. Paul, May 17. The local Elks will put on an out¬ door circus here the latter part of July and contract has been made with MacKay’s European circus for same. A two-ring show will be put on and the proceeds used in paying the debt, on the Elks temple. Summer vaudeville is doing well here. The Orpheum last week with Grayce Scott & Co., in Divorcons as headliners did well. S. & C. popular price vaudeville al- Thomas S. Hogan. Thomas S. Hogan is of the firm of Hogan & Hogan, counsel for the defence in the Hagenbeck-Wallace suit who has prepared the most volum¬ inous answer to a bill of complaint ever recorded in the history of the Cook county courts. San Francisco, May 17. I. P. Wilkerson, manager of Min¬ strels of Today and About Town, a double bill playing at the American theater, was arrested at the close of the performance May 9 on a charge of felony embezzlement sworn to by Miss Ella Smith, prima donna of the company. Miss Smith claimed the sum of $80 as salary for the past week. The company had been playing here for two weeks to poor business and no salaries were paid last week, ac¬ cording to Miss Smith and the mem¬ bers of the show. Wilkerson de¬ clared that the “angels” of the show, A. Ottinger, Nate Franklin and Jack Herman, had withdrawn their support and thus caused his troubles. The theater was dark last week. Wilker¬ son was released on $150 bail.—MAL- LABAR. SEASON WILL CLOSE ON DECORATION DAY. Cedar Rapids, Iowa, May 18. The first season of the new Majestic theater (“Vic” Hugo, manager), will close Sunday, May 30, and on the fol¬ lowing evening the Airdome will open under the management of the owners, “Vic” Hugo of the Majestic and Will Collier, business manager of Greene’s opera house. The Morgan stock company will be the attraction at the Airdome during the first part of the season.—SPURGEON. ways goes big at the Majestic. Dr. Carl Herman was the feature' last week. The Grand is running 3,000 feet of Laemmle film daily with seven changes a week, and three very good vaudeville acts. The picturesjstart at 1 p. m., but the vaudeville will only go on for four shows a day hereafter. Five and ten cent vaudeville and pictures is doing very well at the Star with Morris Abrams as headliner last week. There are no picture houses in St. Paul using Independent films as yet, as they are all owned or controlled by the trust exchanges.—BARNES. Morris Enters Kansas City. William Morris, Inc., closed a deal this week for a new house to be erected in Kansas City. While the exact location would not be divulged, it is stated positively that ground will be broken within two weeks and that the house, which will seat 2,500, will be ready for fall opening. Companies Closing. The Flora De Voss company closed May 9 at Chippewa Falls, Wis., ana will reopen at Ashland, Wis., June 8, for a stock engagement. J The Fashion Plate Burlesques closed the season Mav 15 at the La¬ fayette theater in Buffalo, N. Y. A1 H. Wilson closed the season May 19 at Cohoes, N. Y. a Adolph and Charlie Wininger were in Chicago Wednesday, returning from San Antonio, Texas, where they had been with Emma Bunting s stoc company. The boys join the family at the Frank Wininger show at Esca- naba, Mich., this week.