New York Clipper (Feb 1923)

February 14. 1923 THE NEW YORK CLIPPER 5 unney contract holds star to smal l town en gagements Hammmtein Who Claims Comedian is Under Contract to Him Says He Can Only Work Small Towns or Cities Where Hanunerstein Attractions Do Not Play Frank Tinney, who was the star of "Daffy Dill" this season, and on account of whose conduct Arthur Hammerstein, pro- ducer of the show, closed it in Newark, N. J., last month, began an engagement in vaudeville at the Columbia Theatre, Far Rockaway, last Friday night, with his wife, Edna Davenport, as his partner. There was much speculation along Broadway when the announcement that Tinney had gone to work was made, and everyonf was conjuring what action Ham- merstein would take in the matter, as he announced that Tinney was still under con- tract to him, and that under the terms of this contract he would not allow the comedian to work for anyone else. Hammerstein when apprised of the fact that Tinney was at work stated that he was cognizant of the fact, and that he could not prevent him from doing so, as there was_ a clause in the contract which enabled him to play certain places if the theatrical season employment given him by Hammerstein did not extend to thirty- five weeks. Mr. Hammerstein outlined the terms of the contract to a Clippeb representative as follows: "When the contract was drawn up between Mouse, Grossman and Vor- haus, my attorneys and his attorneys, it was stipulated that I pay Tinney the sum of $1,250 a week, with the privilege of his getting 10 per cent of the gross in the event the 10 per cent amounted to more than $1,250 a week. The contract specified that he was to get at least twenty weeks' work a season. It also stipulated that in case the season did not run that long Tinney would be privileged to appear in vaude- ville for a period to equal 35 weeks in theatres and cities where my attraction does not appear. "That meant that he could not appear in V the Borough of Manhattan, New York City, _ Boston, Philadelphia, Baltimore, Washington, Pittsburgh, Cleveland, Cincin- nati, Chicago, St. Louis, Kansas City, De- troit, and other large cities, which the Hammerstein attraction that he was em- ployed in would play. This clause, how- ever, allowed Tinney to appear in any of the small cities throughout the countiy in which the show did not appear, provided the work that season with me did not amount to thirty-five weeks. This clause, 'Provided that he could appear in the Bor- ough of Brooklyn or at theatres on Long Island as my shows do not play them after they go on tour. "At the time that this contract was made, I permitted this clause to be inserted, as I considered it equitable, and did not figure that I would have any trouble wnth him. "But now, of course, I can do nothing, providing the contract is lived up to. I sent a copy of this clause to Mr. E. F. Albee, of the Keith booking offices, and the later assured me that as far as his theatres were concerned it would not be violated. Therefore, all Tinney can do is play a few weeks around Brooldyn, tour some of the towns on the Poli Circtiit, and then -call it quits. I know that he will not get any $1,250 a week in these theatres, so that if anyone is being hurt it will be Tinn^, and not me. "This action, however, will not deter my pushing my claim against him with the pro- ducing Managers Association - Actors' Equity Association arbitration committee.' I have filed my claim with them and had expected there would be a hearing on the matter last Friday. But as yet I have not received word to appear before the com- mittee. "Probably some of the money he makes playing in vaudeville^ Will come in handy when the complaint is beard and decided and he is ordered to liquidate his portion of the losses I sustained in closing "Daify Dill," on account of his eccentricities and conduct. This show cost me- around $80,000, on the road and in New York, and I would have had a good chance of break- ing even if the show had continued until the end of the season. But I could not tolerate his actions and attitude in matters of interest to the show, so, out of justice to all concerned and fairness to myself, I was compelled to post the closing notice for Newark. It appeared that he just had no interest in the show whatever by the performances gave, °He would not stick to his lines or part. He would ad lib at will, and in that way an inferior perform- ance was given, and it hurt the business of the attraction. "Tinney can play vaudeville if he likes, but he will not be able to violate any of the provisions of his contract, as far as the ° cities he plays are concerned, as I have notified all of the vaudeville booking offices of the provisions of the contract, and that I would hold them responsible if they were violated." Gaim of damages for loss through the shortcomings of an actor is a new prmciple so far as the awards thus far given by the P. M. A.-Equity committee arc con- cerned. It is asserted, on the part of Ham- merstein, that if the player can recover from' the manager on a contract breach, the lat- ter is entitled to consideration for destruc- tion of property. Hammerstein is not seeking to have the contract breached through the action taken before the arbitration' committee. The contract has two years to run yet, and to recoup his losses of this season Hammer- stein would send Tinney on tour next sea- son with "Daffy Dill" to play the split week and small stands in the west and south. STOCK RECORD BROKEN Washikcton. Feb. 12.—"Abie's Irish Rose" will have broken the stock company record in this city when it will complete a twelve weeks' engagement at the President Theatre on Saturday night. This comedy, which has broken a record in this city, viras presented here by Henry Duffy, hus«- band of Anne Nichols, its author, and Ar- thur Leslie. The piece has averaged re- ceipts of over $9,000 a week since opening. HIGH CLASS CONCERTS. 40c Providence, R. I., Feb. 12.—High class artists are to give a series of three con- certs for 40 cents, under an arrangement made by the Providence Music League, a recently organized society formed for the purpose of stimulating a love of music amoni; the mass of people. The Boston Symphony Orchestra will be the attraction at the first concert next Sunday. JANE COWL FOR CHICAGO Chicago, Feb. 10.—The Jane Cowl edi- tion of "Romeo and Juliet" is listed as a probable tenant of the Selwyn on or about April 1. "Partners Again." which had had a successful run here, is expected to leave about that time. "Merton of the Movies" is looking for a Chicago berth and may find the Powers available. "WHY MEN LEAVE" IN STOCK The F. F. Proctor Players appearing at Harmanus Bleeker Hall, Albany, N. Y., will be the first stock company to present Wagenhal and Kemper's "Why Men Leave Home." The early release of this play was due to the courtesy extended John Glynn Mac- Farlane, who played the part of "Tommy," the husband, in the New York production. VIRGINIA PRODUCING CO. SUED The Virginia Produems Company. Inc. of which Nat Philips, 245 West 47th street, is secretary, was made defendant last week in 22 separate actions for a total of $1,240^ filed by the members of the cast of "Gene- vieve," later changed to "Kiss Me." The amounts sued for are for salary due, less some money advanced by Jack Curtis, one of the backers of the show who paid one- half of the show indebtedness recently to the Actors' Equity Association. According to the information held by counsel for the Actors' Equity Association through whom the suits' were filed, stock- holders in "Genevieve" are Jade Lait, who wrote the show; George Whiting, of the vaudeville team of Whiting and Burt Nat Philips, Lait's representative, and Jack Cur- tis, of Curtis & Rose. The show went into rehearsal originally about November '27th, 19Z2 and stopped Its activities about January 3rd without open- ing. Two weeks' salary was due the cast, and after a consultation Jack Curtis vol- untarily agreed to assume and pay one-half of the show's debt which gave the cast about one week's salary. No attempt was made on the part of other stockholders to pay their end of the debt, according to Equity officials. The actions begun last week are directed against the indifferent stockholders. Those of the cast who are suing and their respective amounts are: Bob Gebhart, $15; Francis Pierlos, $100; Patti Moore, $100; Jack Forrester, $1S; James Sargent, $30; Rose Morrison. $100; Estelle Peters, $50; Irving Edwards, $l5; Japi Murdock, $60; Sidney Philips, $150; Gertrude Mc- Gushion, $50; Clare Wegman, $50; Jeane Miller, $20; Emily Devaux, $50; Frank Brian, $40; Genevieve Harnett, $30; Grace Don, $25; William McGuire, $15; Dud Mc- Gushion, $50; Louis Browne, $40: Fbylis Hooper, $50, and May Whitney, $50. TED DONER SUED FOR SEPARA-nON Ted Doner, appearing in "The Dancing Girl" at the Winter Garden, is being sued for a separation by his wife, Mrs. Dorothy Doner. Papers in the suit were filed in the Supreme Court. Brooklyn, last week. Mrs. Doner, who lives with her two children at the Franklin Arms in Brooklyn, has asked for an award of $150 a week alimo'ny pend- ing trial of her suit. Mrs. Doner says he can afford this sum despite a statement from her husband's sister that he is only earning $100 a week. Mrs. Doner charged cruel and inhuman treatment. He hit her, she said. Doner denied his wife's charges and said that she refused to do housework. She was for- merly on the stage. Decision was re- served. •SCALPERS' SUBLET "JUICE" STANDS The orangeade stands of the theatre district are adding to their source of reve- nue by installing portmanteau theatre ticket offices where seats for "demand" shows are_ being offered at advanced prices. In most instances the privilege is sublet to a ticket speculator. The stand back of the Rialto Theatre is offering choice st-ats for "The Fool" and "Ziegfeld Fol- lies." The other stands generally handle tickets .'or an attraction in their immediate vicinity. NEW SELWYN PLAY A HIT STAMnoD.; Feb: r'lZ—Edgar Sdviyn's latest ccmcdy, "Atajiliing May Happeo," was given its premiere at the Stamford Theatre here btst ^itdc, add if witty lines, humorous situations and effective climaxes are any criterion the show will undoubted- ly take its place with the comedy hits of the season. The occurrences portrayed in "Anything Mifih.t Hapfien" fill a highly interesting period between the time of afternoon tea and that of after-theatre supper. ' In the first scene Gladys Barry, essayed by Ruth FIndley. is seen using a wcoian's inalienable privilege of breaking her en- gagement with Richard Keating, the rote allotted to Roland Young, "rhe breaking occurs in his apartment, whither she went to scrap the matrimonial intentions and to have the man she had Just discarded take her to tea—all of which is .quite natu- ral in a community that divides its time be- tween apartments and cabarets. Keating takes a disconsolate view of life until Hal Turner, his old pal. borrows $5,000 to pay for an engagement ring, and. gives ex- pression to remarks of a sort not usually made by young men In love. Hal urges Richard to go out and seek adventure— although its raining—and off he starts to test the accuracy of the theory that "anything may happen." Things begin to happen at the street entrance, and they keep happening until two .couples, parted through misunderstandings, are rennitcd after passing through experiences that culminate in a glorious triumph for the tender passion. Also it is shown that in>. pulse is a safer guide than reason. , The second act is by. all odds the most interesting, though it is not implied that either of the others is a bit dull. Richard, abruptly turned down by a young, woman who thinks she does not love him, is ^tossed by .chance into a taxi, with another ^chamiiiig woman, to whom he confides hb name and telei^ione number. She does not reveal her name; but by and by ac- cepts an invitation to dine with him—m his apartment. The dinner, in which cock- tails and other litiuid beverage exercise some influence, is interrupted by a disclo- :sure that the woman Richard met in the -taxi has broken with Hal, who appears in company of Gladys. The situation is further complicated at a cabaret, when they meet again. It is finally cleared up in the Springer apartment, where two hearts beat again as one, and two other hearts are also throbbing in unison, while doubts take flight, suspicions are scouted, and- mutual misunderstandings come to an end. In addition to Miss IHndlcy and Mr. Young who achieved stellar honors in the leading roles, several others also scored ..in their respective parts. Chiefly among these were Leslie Howard, Estelle Win- wood and Helen Cromwell. THE BASTABLE BURNS Syracuse, N. Y, Feb. 12.—Fire gutted the Bastable building and theatre in the heart of the city this afternoon. At least one man was killed, and about sixty have been injured. Many occupants of the building leaped from the fifth and sixth story of the structure into life nets and others were rcscu(;d by ladders. "ZEND" LOOKING FOR THEATRE Lee Kugel was in New York this week negotiating for a theatre to play "Zeno," a mystery play, which is proving a sen- sation at the Great Northern Theatre, Chicago. Kugel figures on bringing the play into New York after the Lenten sea- son. MelNTYRE & HEATH APART Washington, Feb. 12.—The Mclntyre & Heath show, "iicd Pepper." is playing at Polfs Theatre here this week, but the iteam, which has been in existence for over 40 years, has split, at least for this season, and Tom Heath is no longer with the show. The show is being advertised as Mc- lntyre & Heath, as usual, but Heath is not with the show, and his part is bdngpla^ by Harry F. Shunck. Heath is in rlon(b, where, according to a wire sent north by him, he has been ordered by his doctor to remain indefinitely. His illness is of a nerv- ous order, and ma:^ result in the aiding of a partnershi|> which has been one of the longest in the history of show business. Some difficulties in the show are said to have resulted in the withdrawal of Heath. Myrtle Leonard and Vivian Holt ledt the show recently and Jack Dillm. former manager, also severed his connections with the company, which originally was sched- uled to make a trip to the Pacific Coast. Virginia Millinian is offering her new act. "The People We Meet," at Proc- tor's 125th Street Theatre this week. DROP IN CUT RATE PRICES A reduction in price of cut-rate tickets at the Le Blang cut-rate agency went intD effect last Monday. The price of $3JD seats was reduced from $1.90 to $1.65. Tbb latter price is the one charged for $2,5D seats, and will not be changed for attrac- tion playing at that top.