Variety (April 1919)

v .-••'• : ■■■■■¥•':*: ^^M^^^^S'-^SSBHHiHSHp jgg^pn^si^ -.-^^!|S^^PP^^i^W VAUDEVIL ' '■ > ■■ i-".'-;- /■'•c-i ■••■■. ':•'■: <?.• ••.;■•, ■.■.: ; .-:-; * Q INDEFINITE ADJOURNMENT OF COMMISSION'S HEARINGS Last Session March 29. Date of Resumption to be Announced. Session Featured by Former Big Chief Fogarty's Denunciation of Harry Mountford. Fogarty Termed Mountford, Dishonest. Interesting Testimony by Dan Hennessy and Harry Weber. A denunciation of Harry Mountford . by Frank Fogarty, former Big Chief of the White Rats' Actors' Union, fea- tured the last session in the vaudeville investigation before representatives of the Federal Trades Commission, last week in New York, Mr. Fogarty, now retired from the profession and hold- ing the position of secretary to. the Borough President of Brooklyn, threw a bomb-shell into the proceeding when he pronounced Mountford, in his opin- ion, as dishonest, an extreme egotist and a fire-brand without question. Un- der cross-examination he cited three instances in the past activities of Mountford wherein he based his opin- ion of dishonesty and advised counsel for the respondents that were he given sufficient time he could unearth many other similar instances. The surprise came shortly after the chief counsel for the Commission had completed his direct examination of Fogarty last Friday afternoon. Mr. Fogarty, always cherishesj as one of the most honorable members of the vaudeville profession, had given a clear and concise review of vaudeville con- ditions, dating back as far as 20 years. he outlined some of the evils existing in the profession at the time of the White Rat trouble and clearly con- vinced everyone present of his sincer- ity. He testified it was his opinion that the majority of managers had no word, that a man with a first class vehicle had but one place to market his wares, to wit, the big time, United Booking Offices (Keith Vaudeville Ex- change) and failing there he was at the mercy of the small time managers. He outlined his' ideas' of commission abuses, declared an organization ruled by managers would be of no benefit to the actor and cited an instance where he was solicited to accept the presi- dency of the National Vaudeville Ar- tists, but refused because they would not issue what in his estimation and the opinion of his attorney (Dennis O'Brien) was an equitable contract When Maurice Goodman, of counsel for the respondents (except Varibtt) took the witness over, one of his first leading questions was: "Is it not a fact that you believed Mr. Mountford dis- honest?" Fogarty, without hesitancy answered "Yes, sir." The reply, totally unexpected by Mountford's small gathering in the bleachers and by the accused himself, served to throw a pale of uncomfort- able silence over the court room and a whitish hue stole across the spec- tacled face of the hitherto confident, and to an extent, arrogant Mountford. Heretofore he had been buzzing sug- gestions in Attorney Walsh's ear, but ' with this disclosure, Mr. Walsh, who apparently took much stock in the straightforward testimony of Fogarty, ceased to pay attention to his promp- ter. When Mountford again, after the incident had passed, endeavored to in- terject himself into the proceeding, Walsh waved him to a back seat and in an angry tone, audible throughout the room, ordered him to "sit down." Later Mr. Walsh found it necessary to admonish Mountford several times, much to his embarrassment and dur- ing the balance of Friday's hearing he ceased to be of more importance than the ordinary spectator. Under cross-examination Mr. Fogar- ty drew a contrast between big and small time that seemed to be of value to the defense for.it came practically unsolicited and brought into the rec- ords for the Commission's perusal, de- tailed facts of a condition that Mr. Goodman had been vainly endeavoring to draw from preceding witnesses since the beginning of the investigation. Mr. Fogarty explained that were he to play in a srnaiL.tjnie house at a 15-cent admission scale, following his appearance on the big time, the polish would have disappeared from his act and the man running a theatre charg- ing $1 admission would be justified in refusing to book him, for the public would be empowered to say they had seen him for 15 cents and did not feel obliged to pay $1 for the same brand of entertainment. Mr. Fogarty, when questioned admitted the intelligent artist should respect that status. This issue is conceded to have been the principal factor in the case of Clifford Fisher vs the United Booking Offices in the U. S. District Court and resulted in the indefinite adjourna- ment of that case. Mr. Fogarty also testified that dur- ing his regime in the organization the membership ran between three and four thousand, but could remember but two specific instances of members who could not obtain employment, Edward Keough and James Marco. Keough is said to have produced three sketches in a period of 15 years, but Fogarty claimed this was sufficient to keep abreast of the times, although admit- ting he (Fogarty) changed his material yearly. Minutes of two meetings of the Rats were introduced in evidence, in one of which Big Chief Fogarty was quoted as saying he was against the idea of bringing Mountford back in the organ- ization, but if the directors wished it, he would only remain in office under the understanding that Mountford would not be allowed to sign any checks or have the handling of any money or publish any article unless that article was endorsed by the direc- tors* and all checks signed by the sec- retary or treasurer. The introduction of „ the minutes threw the room into an uproar. It re- sulted in undertoned scowls and veiled threats when Attorney Goodman, pressed by Mr. Walsh for the name of the man who delivered them, answered it was either Will J. Cooke or Harry Deveaux. Cooke was not present at this time, but arrived during the after- noon session just in time to hear Mr. Walsh, after determining the Rats was an oath-bound organization, deliver a poisonous oration against any man who would break his sacred obligation for personal or commercial gain. He prefaced his remarks with the informa- tion that he would not object to the admittance of the papers. Mr. Goodman, in defense of Cooke or Deveaux (it was not definitely de- termined who procured the minutes) (Continued on page 22) AGENTS IN WOOD'S BUILDING. Chicago, April 2. Some six stories of the Woods The- atre Building will be taken by the orphan agents who are dispossessed in the Majestic Theatre Building and crowded out of the new State-Lake Theatre Building. They are joining off in trios, three offices to a floor with a joint recep- tion room leading from the elevator on' each story. Several vaudeville producers are among them. The Woods building, though perfect- ly located, has been unable to rent most of its office space hitherto, and the agents barred out of two other theatre structures, are a life-saver to the third. NELLA WALKER HAS DIVORCE.. Nella Walker secured a divorce from Wilbur Mack Monday, when the de- cree was handed down by the Penn- sylvania courts at York, Pa., where the Macks had their home. Mack and JWalker were considered a standard vaudeville turn. They sep- arated on the eve of an Orpheum Cir- cuit tour early last fall. Mack start- ing over the circuit with another partner. Later divorce proceedings were in- stituted by Miss "Walker, based on sta- tuatory grounds. There was no de- fence. MARCUS LOEWS SON MARRIES. Dave Loew, son of his father, Mar- cus, was married Monday, to Meta Edman (non-professional). They have been friends since childhod and were playmates in their youth. The wedding was private, which ac- counted for no announcement of it having been sent to the Loews' theat- rical friends. The parents of the young couple gave the newlyweds a bridal supper at the Hotel Claridge Monday evening. Mrs. Dave Loew, the bride, is a niece of Louis Bernstein, the music pub- lisher. ALBEE A DANCER. Friday night at the National Vaude- ville Artists' clubhouse, E. F. Albee qualified as a dance critic by dancing on the floor with several of the ladies in the large assemblage. He first requested a dance with Sadie Burt (Whiting and Burt). Later when Blee Palmer arrived, Mr. Albee found another partner. Shortly after that Bee did her "shimmy" dance as a solo to show Mr. Albee what he had missed. Paul Swan Matinee. Paul Swan will give a dance and musical matinee at the Selwyn,. April 10. Mr. Swan has just been discharged from the Army and will give his dance poem, "To Heroes Slain," with music, by Grieg. The supporting company includes six dancing girls and other artists. Anderson Owns "In Bed" Act. The "In Bed and Out" sketch men- tioned in Varibtv, last week is owned and was produced by George M. Ander- son. From billing matter Variety an- nounced it as a Lewis & Gordon pro- duction. Lewis & Gordon are the booking agents, only, for it. WHEN THE COUNTRy GOES'DRy Thy a JUDGMENT AGAINST AUTHORS. In the Municipal Court of Harlem, Judge Crane issued a judgment this week against Frank Fay and Jim Toney, in favor of Brown and Taylor, who alleged in their complaint the au-. thors had accepted $215 in advance for material never delivered. Fay and Toney returned $160 of the amount. The judgment is tor $55. , : This decision establishes a precedent wherein the artist is protected against playrights who demand an advance fee and fail to furnish material agreed upon. - ■; ■ ■ a 'j&&" -.*!> FREEMAN BERNSTEIN SUED. The Kleinman Amusement Co. has started action against Freeman Bern- stein, asking recovery of damages-to the extent of $5,000 for alleged con- version. The suit is an echo of Free- man's last summer's excursion to San Juan, Porta Rica, with a carnival troupe and the plaintiff alleges that a "number four three abreast carouselle" was their property. Bernstein answers that the carouv selle was a complete flop; that he spent $900 to freight the thing down to San Juan besides-regular wages to machinists. When the opening night arrived and the "merry-go-round" was ballyhooed throughout the island,-the Kleinman machine failed to work. Ac- cording to Bernstein the carouselle had been playingjn all the fairs around the country and had been laying over in Brooklyn neglected for months. He also says that the bearings "were all burned out" and that the thing wasn't worth a dime here. ->v !; ■•'.;:. ■:- N. V. A. TABLET. g A tablet of bronze, carrying the > names of over 1,000 members of the. National Vaudeville Artists will be/ eretced on the outside of the new club house on West 46th street when the names of all members who did serviced in the war have been checked up by $ the officials. V The minagement of the organization are endeavoring now to line up the men who were in service since it.$9 v. hoped to have the tablet in place by June 1. NAN HALPERIN CANCELS. §$ The remainder of her engagements" in big-time vaudeville for this season have been cancelled by Nan Halperhv Miss Halperin is now at her home on Long Island recovering from the recent and severe attack of influenza which she suffered while playing at Youngstown, O. Miss Halperin was. able to come to New York Monday to see the Palace matinee, but returned home before the performance ended. It is said Miss Halperin's long-term contract given her by the Keith office shortly expires. Any future plans have not been announced. Si m ■ ! wflE BESSIE McCOY IN ACT The return to vaudeville of Bessie McCoy, announced some weeks ago, has been hut delayed. At the time 6f -! the announcement Flo Ziegfeld per-! suaded Miss McCoy to remain for the; ■ remainder of the season with his;'l : "Frolics" on the Amsterdam roof. With the close of the present shows there, Miss McCoy will return to ah -act, and likely be booked by Harry Weber, who previously submitted her.! Miss McCoy will not appear in the new edition of Ziegfcld's "Follies." ...■< . ■..■:. m ■1M riV ■ * * SPlWKllNG-WHIllftATlNG-FULL OF PEP «»K-FRftNK EV ANS. ^ Lillian Russell Take* Cold. A cold prevented Lillian Russell from opening at the Bush wick, Brooklyn, " Monday. Up to Wednesday Miss Russell remained in her rooms in New York, by order of her physician. Louise Dresser and Jack Gardner are substituting. DR8. A. M. I M. WEISS, ThMtrlcnl DENTISTS. Flbgsrald Building, 1482 Broadway, New York City. m :: .','d .- ■'•' ■ ■; : V \