The Billboard 1919-05-24: Vol 31 Iss 21 (1919-05-24)

ae The Billboard MAY 24, 1919 Federal Trade Commission (Continued from page 6) wired Fennevessy that he would be best to fix the matter up. He came to New York. “I told bim we had best see Mr. Casey.” Fennevessy and Plimmer then went to Casey. Casey asked Fennevessy: “‘Have you a contract with this act?’ ““Yes,”” he replied. “Well, if you bave, you don’t have to play it, but you will have to pay it.” , Upon further examination Mr. Plimmer stated that be received no commission from the act. “In fact,’"’ be said, “I could = expect to get an y when the act did not play.’’ Why did you send a telegram telling Miss Corson her booking was off?’’ * “Because Fennevessy refused to play i “It’s a good act, isn’t it?” “A very good act.’’ Mr. Plimmer testificd that be took Fennevessy over tu Mr Casey to try and straighten matters out, and after being questioned by Mr. Walsh said that be would play the act yet if be could, regardless of the Vaudeville Managers’ Protective Association. A letter was then produced puported to have been written by Plimmer to Leslie Spahn, manager for Miss Corson, saying that he would be ruined if he booked the act, because all of bis houses belonged to the V. M. P. The letter was as follows: “lL am booking a lot of bouses that are members of the V. M. P, A. and have simply got to do what I have done, and if they even knew that I was writing this letter I might lose every house I am booking, and they «an ruin me, but I know you will keep this letter in the strictest con fidence.” Mr. Goodman's objection to this was overruled, “Why did yuu write this letter?” “Mr. Spahn wrote me that he did not blame me in the matter, as he knew he could not play any houses belonging to the V. M. P. A. : “Why were you afraid of being ruined? “Afraid if I booked Cora Youngblood Corson would lose my Oe Oe “What do you mean by that?’ “] was afraid they would change their booki to some other office.” . Goodman at this point made a statement absolving Harry De Veaux from having anything to do with the production of the minutes, which created such a sensation at the last hearing, and stated that they were brought to him by Will J. Cooke. The next witness was ‘General’? Generous Pisano, who stated that he was originally in the circus business, but had been in vaudeville since 1917, presenting a sharpshooting act. He went into the vaudeville agency business in Chicago with Lew Earl in December, 1916, under the title of Lew Earl & Pisano. Mr. Earl bad a franchise, and when Pisano bought a half interest in the business he was allowed to have a franchise, “What is a franchise, Mr. Pisano?’’ “A franchise is a concession. Whether with the Western eS Se ——or the United Booking Offices, a person wan to become an agent he must obtain a franchise or permit to do business.” “How much did you pay for your interest in the business?’’ “Five hundred dollars.’’ “Who was tbe general manager of the Western U. B. 0.7” “Mr. Humphrey.” Mort Singer ited the Western Vaudeville Managers’ Association, while Tom Carmody was and still is the booking manager of the W. V. M. A., holding the same position as S. K. Hodgdon does in the _ t. General Pisano then proceeded to explain the minute details of the booking agency business, stating that in Chicago there was no Vaudeville Collection Agency, and that you had to rely upon the actor to send in your commis “Did actors always send in your commission?” “No, Many a time I had to fight for it.” General Pisano then testified that if Carmody found out that Pisano booked an act that was either a White Rat or had played opposition be would **bawl bim out,’’ and in order to protect himself he (Pisano) asked all acts handled by bini if they belonged to the organization. On being asked if Carmody ever consulted a blacklist of acts the witness said he did not know, but that at times when he asked Carmody if he could book a certain act Carmody would pull out a drawer in his desk and look at something in it, and then say: *‘No, nothing ing for them.” He testified that he had been given lists of acts that played opposition time and was instructed to file them alphabetically and not to book any of them. He said the main *“opposition’®? houses were tbe Empress, Des Moines, Ia.; Empress, Chicago, Ill., and a house in Decatur, Ill., and he was not allowed to book any acts that had played them. General Pisano said he had booked D’Amore and Douglas. ‘They had been booked formerly by the Simon Agency. but being unabie to procure any more work they got a release and asked Pisano to bandle them. He procured them six or seven weeks’ work, but before the act started playing they were canceled by Carmody. He said the reason for this was that D’Arvore and Douglas played the Empress, Des Moines and the Simon Agency complained to the booking office because the act was booked, in spite of this, by Pisano. The witness added that he and Simon nearly came to blows over the incident. The general then told of the W. V. M. A. instructing the agents oo give all their acts application blanks for the N. V. A., and to collect the initiation fee of $5. This he did, and if an act was eceneers by this body he was allowed to book it. e also told of one occasion when he, in common with the rest of the agents, attended an open meeting of the White Rats that was held in a Chicago theater. The witness testified that Tink Humphries was always friendly to him and sent acts to bim to be booked. He added that he had never heard of an act being booked direct. While in partnership with Earl be never took more than 6 per cent from a vaudeartist. Pisano testified that the reason for it was the fact that he had been an actor himself and knew that large commissions could not be ay out of the salaries received in the West. is partner did mot adhere to this continued the wit ness, but often charged more than § per cent as a booking fee. The witness then testified that about six months before becoming an agent he was booked to play the BEmpress, Des Moines, which was booked by the A. B. C, (opposition) Agency, but did not play the date. The reason ascribed for this was that he met Frint George, field man for the W. V.M. A., while playing in Kansas en: and George told him not to play Des Moines, for by doipg so be would “get in Dutch’’ with the booking office. He then described his exit from the agency business. After being an agent for five months Pisano received a letter from Mort Singer reading, *“‘Your services are no longer required on the eleventh floor,’”’ and, as the witness described it, “that finished the business.’’ He seld out to his partner, Earl, for the same amount he gave Earl. This sum was to be paid in instalments. Earl did not pay, and when Pisano took the matter up with Humphries, the latter paid the amount to Pisano. The wit ness said he presumed Humphries collected from Earl. After he quit as an agent Pisano resumed playing in vaudeville. On being asked why Singer discharged him the witness said he was told by him that there were too many agents and they had to be weeded out. He could not recall any other save himself that was gotten rid of, however. Humphries later promised to have him restored as an agent, but Pisano said he refused, as he had had enough, Pisano then told of a meeting of agents, called on the floor of the booking office, where money, and in consequence got a release from Weber and turned his business to Gene Hughes, On cross-examination by Maurice Goodman General Pisano explained the operation of the booking office in Chicago. He didn't’ have a high opinion of the booking agents, saying that some of them didn’t know a good act when they saw it, and stigmatizing some as ‘“‘suspender peddiers."" After going into more detail about his subsequent mixups in booking his act thru Harry Weber the witness was excused until the afternoon session and a recess Was taken until 2 p. m, AFTERNOON SESSION Cross-examination of General Pisano was resumed by Maurice Goodman, and the witness reiterated that Carmody consulted a list in his drawer when asked about the standing of acts. Pisano said that be was a member of the White Kats before he became an agent and tho actors had made propositions to split mosey he obtained for them in excess of a certain minimum he never accepted the offers, Mr Walsh took the witness over ground previously covered in his testimony regarding his troubles in booking his act with the U. B. 0, Pisano told of his efforts to get the matter adjusted and expressed dissatisfaction with the methods in vogue, The next witness called was Edgar Dudley. After being duly sworn Mr. Dudley testified that he bad been a vaudeville agent for six years, but was now casting for productions. He had been a vaudeville agent in Chicago for some years, and part of the time was in part JOHN WALSH Mr. Walsh who has been retained as Special Counsel for the Federal Trade Commission in the White Rats Actors’ Union case, and whose picture appears above, was born at Two Rivers, Wis : educated in the University of Wisconsin and was admitted to the Bar in December 1895 He practiced for over fifteen years in Wisconsin, and was recognized as one of the leaders of the Wisconsin Bar For many years he Was prominent uw public affsirs in Wisconsin, and in 1912 was elected a delegate to the Baitmore Convention where he made the speech seconding the nomination of Woodrow Wilson for the Presidency. Mr, Walsh was made Cour sel for the Federal ade Commission on its organization in 1915, and in November, 1917. was made Chief Counsel. thus having been with it since its inception. and a great deal of che suo cess of the operations of the Federal Trade Commission is attributable to Mr Walsh He has probably had more experience in matters of unfair competition and has a greater knowledge of the law relating to such matters than any other attorney in the United States and Canada. Last month he resigned his po sition as Chief Counsel with the Federal Trade Commassion. much to the regret of the Commussion, and was the recipient of many flattering votes of thanks. He is now engaged in the private practice of law at 404 Southern Butiding Washington, D. C. Ue ts a forceful and convincing speaker, a great trial lawyer, man of commanding personality, become as his work in the investization has shown; a one of the leaders of the American bar. , and bide fair to they were told to tell all their acts to advertise in the trade papers. Particular stress was laid on the fact that they should advertise in the N. V. A. anniversary number of the green sheet, as that sheet had done more to put the White Rats out of business than any other paper, Pisano then told of his experiences in securing work for his own act after he had given up the agency business. He came East and turned his act over to Harry Weber for representation, but Weber's efforts in Pisano’s behalf were not particularly satisfactory. as evidenced by the following two instances: Shortly after his arrival in the East Pisano stated he was booked thru the Weber office to play the Prospect Theater in Brooklyn at a cut salary, which he accepted, with the understanding that he was to be the headline. When he reached the theater he discovered that he had no billing at all, and alto he bad two assistants, one man and one lady, he was only offered one dressing room for the entire act. The early part of this year trouble with the Weber office, regarding some dates in the South, which cost’ him «4 lot of nership with Coney Holmes. He said that he received from 5 per cent to 10 per cent commission for booking acts and owned three acts himself. in one of which his wife worked. An actor named James Dunne was employed in one of these acts, and Dudley testified that Sam Kahl told bim that Dunne would have to be discharged if the act wanted to work, as Dunne was an ‘“‘agitator."’ This was dp 1916, and Dudley was informed that Dunne while playing Kansas City tried to persuade certain vaudeville artists not to play Tulsa and Oklahoma because of the strike, and Dudley had to let Dunne go or lose the bookings of the act. The witness said that Sam Kahl told him that he could pot book certain acts because they were White Rats or had played opposition houses. He said that Sam Kahl would net book an act that played Decatur because Kab! ran a theater there himself. Kab! ran the booking floor, according to the witness. A letter was then introduced into evidence written by Edgar Dudley to the Otto Brothers in which he told them Sam would not book any acts that played a town where he ran 4 theater. Mr. Dudley then told of peste Sine and coming to New York, where he to get a franchise to book acts witn the U. B. O. He was told to see a Mr. Burton, who was to get a franchise and to go into partnership with him. He took the matter up with J. J. Mur dock, who said the franchise would be given under peculiar conditions, Mr. Murdock told him that one-third of the profits of the office would have to be given to bim as a donation to the Fund for Widows and Orphans of Vaude ville Agents. (This answer raised a hewl of laughter from the gallery.) Mr. Dudley consented to these conditions, but testified that he soon quit because be did not make any money, Dudley said that vaudeartists offere: him more than 5 per cent commission as « booking fee and believed this was done as an incentive to him to work harder for the act. The witness said further that the one-third of the profits that was to go to the Widows and Orphans’ Fund was one-third of the net profits, but as there had been no profits of any kind no donation was made, Asked how the booking office was to keep track of the business done by them Mr, Dudley said that he had heard Burton tell the stenographer to get up a weekly statement of business done and believed this was the method. This concluded the witness’ testimony, as Mr. Goodman did not subject him to any cross-examination whatever, Mr, Walsh put Ernest Carr on the stand as the next witness. Carr first told of his experience as an actor in the legitimate and vaudeville. He told of his troubles in booking his sketch, The Grafter, and then passed to 1916, when he became office manager for the White Rats, of which he had been a member since 1910. He described the location of the White Rats’ Club at 229 West 46th Street, New York, and said that some time in November, 1916, he noticed a man in the front room of a house opposite the club who sat in a window behind the curtain with a note book in his hand. Carr said there were several different people in this room at different times, among them J. J. Armstrong and a Mr. Burton, who was formerly manager of the Orpheum, Des Moines, Ia., and afterward a vaudeville agent. These people occupied the room from the second week in November, 1916, and when Carr returned from a Western trip in March, 1917, they were gone. A sign was put on the window a few weeks after the room was engaged reading: “Armstrong Entertainment Bureau." Mr. Goodman took the witness for cross-examination and Mr. “arr told of the various positions held by him in the White Rats. He said he was only paid a salary for one, $30 as Deputy Organizer. He received instructions to present a “union shop’’ agreement to the Managers for their consideration, and from these instructions Mr. Goodman read a phrase about “the war that is to be declared.” Mr. Goodman wanted to know what the witness understood by this phrase and Carr said it meant the war that was to be declared on the vaudeartists by the managers. A letter written by Harry Mountford to Ernst Carr in 1916 was then put in evidence by Maurice Goodman. Mr. Walsh asked Mr Goodman where he got it, but Mr. Goodman said he did not know, whereupon Mr. Walsh asked: “Is this another one of Covk's deliveries?” Mr. Goodman read a part of the letter which instructed Carr to tell the acts at the Globe Theater Kansas City, to stay out of the theater tii they got the “‘union shop.’’ Carr said the orders were never carried into effect, as they were countermanded by telegraph by Uarry Mountford. Carr said he had obtained the support of the Central Labor Body of Kansas City five weeks previous to this to be used if necessary. in case trouble arose. This support was to be both financial and moral, and the proposition was carried unanimously, Carr testified that be went from Kansas City to St. Louis and that later to Oklaboma City where there was a strike of the stage hands, Musicians and operators which involved the actors later. Carr sald the theaters were picketed but most of the pickets were supplied by the local unions and were not actors and they never uscd the word “‘scab’’ in calling attention to the fact that there was a strike on in the theater. After recounting some of his exDerience in booking his sketch, The Grafter, Carr was turned over to Mr Walsh for RE DIRECT EXAMINATION On re-direct examination Ernest Carr was shown the letter which figured in his previous testimony by Mr. Walsh, who said it was 4 letter from Harry Mountford to Ernest Carr in his official capacity in connection with the White Rats and asked Carr if it was a private letter. Carr answered ‘‘Yes.” 9. wes it in your possession? . Yes aig, HOW lone did you have it in your posses A. W that is a question I could not I couldn’t tell how gg do not know. Q. Do know how it got into the posses sion of Mr. Goodman? A. No, gir, Q; Did you ever deliver the letter over to y A. No, sir, gigs; D4 700 ever miss the letter from your Q. I give it over to you and tell you you had better keep it yourself then (handing paper to witness). Mr. Goodman protested at the paper being given to Carr on the ground that it was already in evidence and was the property of the Commission. Mr. Walsh explained that he had not understood it so, but Examiner Moore verified Mr. Goodman's statement and the letter Was put back as part of the evidence. Ernest Carr then went on to testify that Searjent, the deputy organizer for the White Rats in St. Louis, attempted to distribute hand bills during the strike but was unsuccessful He says that he and Searjent got the endorse. ment of the local labor bodies for the strike and then told of his experience with Erber of r’s Theater, East St. Louis. Carr went to Erber with a committee from the Cen tral Labor Union to negotiate for a Union shop. Erber wanted a week in which to consider the matter, which was granted, At the expira tion of the week, Erber sald he would not come to terms with the White Rats, Carr then narrated bow he found Mrs. Searjent awd their 6on badly bruised and beaten up as a result of Be. Louis. Th! a with thugs in Hast L line of testimony was objected to