The Billboard 1906-04-28: Vol 18 Iss 17 (1906-04-28)

«cosa sitet intel asa The Billboard APRIL 28, 1906. PREROGATIVE OF HISSING DENIED TO THEATRE GOERS They May Do It With Impunity In England But An Eminent Jurist Holds That This Method of Expressing Disapproval of a Theatrical Performance in America Is Not to Be Tolerated By The Law. N his address before the Missourl Bar Association, at the meeting for 1905, President John D. Lawson is credited with having used the following language concerning the right to hiss in theatres: “In 1800, one Clifford, an eminent lawyer of his day, sued a theatre manager in London for false imprisonment. It appeared that the lawyer, being at the theatre, and not being pleased with the performance of one of the actors, expressed his displeasure by a hiss, and was therefore ejected from the theatre. The case came before the great Lord Mansfield. The plaintiff’s lawyer argued: ‘Within the walls of a theatre the public have a right to express their approbation or disapprobation without limit or control. This is a right which has been immemorially exercised, which is éssential to the prosperity of the drama, and which was never questioned in a court of justice. It stands on the same principle with liberty of criticism which the judges have often declared to be sanctioned and protected by law. A piece may be hooted from the stage as it may be censured and ridiculed in writing when it is published. An actor may be praised or condemned in a newspaper or pamphlet for his theatrical performance. So he may be hissed or applauded at the moment by those who witness his efforts.’ And Lot Mansfield charged the jury in these words: ‘As to that noise which has been at all times witnessed at theatres in the immediate expression of the audience upon a new piece or the merits or defects of a particular performance, I tell you that the audience have certainly a right to express by applause or hisses the sensations which naturally present themselves at the moment, and nobody has ever hindered or would ever question the exercise of that right.’ The jury gave _ the plaintiff a verdict. *‘Porty years later a case before a succeeding chief justice (Tindal) the plaintiff sued for damages, alleging that the defendant and others had hissed him off the stage while he was playing Hamlet. ‘Talfourd, ‘himself ai dramatic writer and counsel for the defendant, argued that the defendants were only doing what they had a right to do. The chief justice agreed with him, and told the jury that the public who go to a theatre have a right to express either-by cheering and applauding, or by groaning and hissing, their free and unbiased opinions of the merits of the performers; and the jury found a verdict in favor of the defendants. “Now, this is today the law of England, as any one knows who has sat in an English theatre; and this is the law because the Englishman has refused to give up the right to the hiss. And why should he give it up? It is, I think, a legitimate means of artistic criticism. It seems to me that the manager or the actor or the lecturer or the singer who by highly colored posters, extensive advertising and newspaper puffing, sometimes paid for by the line, gets my money for a first-class performance and then furnishes me with a third-class one, has obtained it by false pretenses. “In America this right to criticism, I fear, is lost. The American theatre and concertgoer has often felt that he was being robbed, but he has said nothing, and he has kept silent so long that the manager has turned the tables on him, and has set up a right on his part to allow all the noise you want to make if the noise means applause, but to arrest you for disturbing the peace if the noise is intended for criticism. Though Mr. Bishop in his well known work on Criminal Law says that the English law is likewise the law of America on this subject, yet I doubt if many American judges would to-day feel themselves justified in recognizing the right of the hiss, once a common-law right, but which has seemingly lapsed and become lost with us through years of disuse.’’ It would appear that President Lawson is correct in his opinion that American theatregoers do not possess the right of criticism by the hissing route, but he is evidently in error in his apparent sympathy toward the patron who, he considers, is denied this right of redress. It would seem that the learned judge might have gone further and stated that hissing as not the proper way to seek retribution, even after being so maliciously ‘“‘duped,’’ as he intimates, by paid announcements and by flaring and misleading posters. If the theatre manager be at fault, have not the deceived public a more humane right of redress through the courts in some form of action or other? The theatre is not a public place and the courts have repeatedly held that the management may exercise its own judgment in fhe manner of dealing with the public as far as admittance is concerned. If the sale of a ticket is a contract and a ticket is to be regarded in the light of a contract, the purchase price being the consideration, then certainly the law has not been neglectful in giving to the patron full redress in an action in the courts to recover on the broken contract. This would preclude all rights to hiss, there being a direct remedy in the courts. On the other hand, should a theatre ticket be considered in the light of a license to view the performance then does the audience become more and more under the control of the manager, and the opinion of Bishop, the well-versed authority on American law, fits the case perfectly. It is as folk ws: “The presumption is that managers of a theatre allow hisses and applause, such being appropriate to the nature of the meeting and ecustomary thereat. . . . But, in reason, there may also be express rules, and to them the at performance with notice thereof would be under MANAGERS COMBINE INTERESTS Manager J. B. Price, of the Park Theatre Hannibal, Mo., has purchased W. W. Babcock’s half interest in the Halloran Theatre at Moberly, paying therefor the sum of $25,000, Hereafter the Park and the Halloran theatres will be booked jointly. Messrs. Price and Halloran are planning to erect a summer vVaudeville theatre in Hannibal, and one is now in course of construction at Moberly. Mr. Babcock retires from the business, bearing the best wishes of his hate partner, and of the theatre-going public of Moberly. CIRCUIT ENLARGING The Grand Theatrical Co., composed of R. E. Roehm, F. Van Cordon and T. H. O'Neil, of Marion, Ind., have leased the Van Cleve Theatre in Hartford City, for a perlod of five years. The house opens April 30 with vaudeville and remains open all summer. The company controls theatres in Michigan City, Terre Haute, Huntington and Peru. SCHUMANN-HEINK RETURNS Mme. Schumann-Heink, who has been touring Europe for a number of weeks, returned to New York April 15, on the Blucher, bring ing with her her three sons, Heinrich, Hans and Walter. SOTHERN Now Appearing In Shakespearean Kepertoire With Julia Marlowe. there appears to be no plausible excuse for the hiss of a single person may so discommode the to continue or enjoy MIDDLETON VISITS THE NORTHWEST George Middleton, of St. Louis, the well known vaudeville man, is visiting several west ern cities with a view of establishing high priced vaudeville theatres where prospects are favorable. Mr. Middleton was in Seattle April 7. and afterwards visited Vancouver, Portland, Victoria, Tacoma, Winnipeg and other cities of the northwest. The significance of the visit is probably that j the Orpheum Cireuit desires a return date by way of the northwest for artists that go to the coast. WORLD DID IT John W. World, of the vandeville team of World and Kingston, is nothing {f not ever ready to boost the popularity of the successful team. Out In Salt Lake City last week the Herald published over a gage of readingmatter and illustrations prepared by Mr World. The article was headed How the World Rides as Told by the Camera, and was accompanied by illustrations of the various modes of travel in different countries. It was a very interesting article, well gotten up and |; would do credit to any press agent or story writer. J. A. Fidier will shortly open the Gem Theatre in Henderson, Ky., as a popular priced vaudeville house. THE OPTIMIST Opens Successfully at Washington Sidney Rosenfeld’s Latest Wins the Approbation of The Capital’s Theatregoers. HE OPTIMIST, a comedy in four acts, by Sidney Rosenfield, was given its premiere Monday evening, April 16, at the Columbia Theatre, Washington, D. C., by the following cast: Alice Wendell ...... Lizzie Hudson Collier Jack, her younger DBrothe® ...ccccccccess enedercdkbegesscageenes Wallace Hddinger Servant at the Wendell’s ................ vo 06s ee 6) 6350 45bRR REO Andrew Stephens Gulliver Jackson, Aunt Fanny's husband, <medth aa oot anaamead Grace Gayler Clark Arnold Minturn, M. D. ..Martin A, Alsop wereeen Geer «isectwsnsnaa J. H. Gilmour Hi reer cre Kathryn Browne WOCE nna ccsepsuke sear C. Apfel Mrs. BPunice Harriman ....Anna Stannard J ms, her guest ..Wynne Voorhees Kitty Winchester, her guest ............ Charlotte Walker Cushman, an old law clerk .........-.se0is andl buncein John BE. Ince Angela Grey : .«.+++--Consulo Balley rime The present. The opening performance was greeted by a large and enthusiastic audience that included a number of prominent society people. Technically speaking, there is no individual star, and a number of roles might be elevated to stellar importance. An average of interest is maintained. As its title indicates, The Optimist teaches the theory that everything is for the best. The story is interestingly told and is perfect in construction. A young man is in love with a girl whose character and bearing would hardly inspire violent love in a sensible person. At the end of the first act she not only jilts him, but she further lacerates his feelings by exhibiting a wedding ring and telling him that she has been married for a month In the second act a gay soubrette brings him out of his state of despair and after other romances the young man yet remains unmarried. but he is not so easily misled as at first and has become sufficiently worldly wise to take things somewhat more optimistically. Charlotte Walker was seen to better advantage than in any other part she has ever appeared in in this city. A number of her local admirers presented her with a bunch of beautiful American beauty roses during the performance, Lizzie Hudson Collier gave a splendid interpretation and the others of the company were well cast in strong roles. Mr. Rosenfeld was called before the curtain and favored the audience with a brief talk. He hoped that his new play would meet with the same enthusiastic reception outside of Wash S. F. ington. LAN®E. RAINFORTH WILL TAKE TRIP Harry Rainforth, of Rainforth and Havlin, managers of the Grand Opera House, Cincinnati, Ohio, left for New York last Wednesday, accompanied by Mrs. Rainforth, where after a few days’ stay them embark for the Mediterranean. They will remain in Rome for a short rest, after which they complete a continental tour and return to their home on Long Island about the first of August. They expect to return to Cincinnati about Sept. 1. DISCOLL JOINS DEVEAU In Hubert Deveau’s new twenty-minnte act, entitled Rome Under Caesar, annguncements for which were made recently, James B. Driscoll is to take an important part, and the act has been so arranged. Mr. Deveau will incorporate into the new act several of his wellknown impersonations. The new act is Mr. Deveau's own design It will bring into play some beautiful electrical effects, in order to produce a_i transformation § scene. The act will seon be submitted to the public. RYAN BUYS ERIE THEATRE The Majestic Theatre, Erie, Pa., which has been operated by M. Reis for the past two years, has been purchased from the Erie Amusement Co. by Jobn J. Ryan. Ryan met the directors last week and they asked $150,000, Upon an offer of $140,000 the parties agceed to compromise upon $145,000, the consideration paid, ELDRIDGE GOING TO EUROPE A card from Press Eldridge, commander-inchief of the army of fun, announces that on April 28 he salls on the steamer Deutchland for Burope, to spend his regular annal vacation. He returns about Ang. 1 Mr. Eldridge’s many friends on this side wish him a pleasunt trip and a happy return. LENORA’S NEW ENTERPRISE Work was begun Inet week upon ai new ground floor theatre at Lenora Kan. The plans eall for a house seating 500 people, a stage 38x25, and its completion by Sept. 1. The stock Is being subseribed for by eltizens.