The Billboard 1924-01-05: Vol 36 Iss 1 (1924-01-05)

¢ | JANUARY 5, 1924 The Billboard AX HART ANTI-TRUST ACTION AGAINST KEITH SET FOR JAN —_—— Expect Hearing To Last Two Weeks—Agree to No Jury WILL BE HEARD BEFORE JUDGE AUGUSTUS N. HAND YORK, Dee. 29.—Monday N January 7, has been definitely set as the opening date for trial of the Sherman anti-trust action of Max Hart, erstwhile Keith agent, igainst FE. FE. Albee, the Keith and Orpheum Circuits, et al, in which $5,000,000 damages and an injunction restraining the defendants frem continuing their present mode of business are asked. Federal Judge Augustus N. Hand has been assigned to preside at the trial, which will be marked by the EW the absence of a jury, as agreed by the contending parties. The proceedings ire expected to consume at least two weeks. Reams of documents will be introduced in the course of the trial and at least three score witnesses, summoned by both sides, are scheduled to take the stand. Martin W. Littleton, famous trial lawyer, associated in the case With the firm of Axman & Eppstein, will direct the Hart attack, while Wil liam Travers Jerome, former New York district attorney, it is understood, will lead the legal battery for the defense. Vaudeville circles all over the country and even Europe will await with keen interest the outcome of what ts recognized as the biggest legal tilt in the history of the vanderille business Upon the issue of the Hart case, it is generally understood, depends the $3,900,000 suit brought by Jenie Jacobs in the Tnited States District Court against the same interests. Almost two years have passed sirce Mar Hart flied his first papers im the suit, receiving a severe setback soon afterwards when Federal Judge Knox threw it out of court on a technicality Then little hope that the battle between the Hart and Keith interest would come to actual trial was entertained until the United States Supreme Court entered the lists and ruled that vaudeville came within the cope of the interstate commerce law Sub~equent motions, argued before the local district court, failed to militate against the Supreme Court's order that the case be tried om its issves bere. During the past fall rumors persisted along Rroadway that f the settlement pourparlers for i of the case had been entered tnto by representatives of Hart and E, F. Albee, but the negotiations were suddenly called off by the Keith Cireuft head when Hart insisted tpon being granted the exelusive foreign booking rights for the Keith and Orphenom circuits as one of the concessions to be fncorporated in the settlement agreement. SONGWRITER’S MISSING CAR TURNS UP AS HEARSE Dec, 29.—Ernest R. Ball, the songheadliner, lost his sevencar last April, It was but the had been Police found the company’s garage. out New York Writing vaudeville Passenger touring covered this tray week, formed into a a funeral body hearse, ear in There the was no alarm for a hearse when detectives began looking around the garage, but one of ft! vehicles looked as tho {t had been transformed from a pleasure car Ex ‘mination of the numbers on the engine confirmed the suspicion and showed thet it was all's former automobile, The car will be turned over to the songwriter in a few days, but just what he is ceing to do with a big white hearse {s causing a lot of speculation among Broadway friends, LEW BRICE SUED FOR $150 New York, Dee, 28.—Lew Brice, vaudeville actor and brother of Fanny Brice, comedienne, was sued this week in the Municipal Court by his Paul Arlington, Tn theatrical costumers, for $150 for a bil incurred on May 1, 1921. Kendier & Goldstein, attorneys for Brice, Med a General denial and asked for the usual bill of particulars, 8S. FL & JL FP. Kate are representing the costumers, AMERICA ADOPTS ENGLISH PANTOMIME | The pantomime season is now in full sway in England. on America, insofar as that time-honored type of holiday attraction goes, the Greenwich Village Theater a grovp of independent players gave New York its first taste of panto. But that country has nothing Last week at Photo shows Mike Morris, Fletcher Norton, Betty Lyons and Charles Cirdon. —Photo by Underwood & Underwood. White Rats Stir on Night Before Xmas Attend Party at Times Square Hotel, Where N. V. A. and E. F. Albee Are Toasted With Razzberries EW YORK, Dec. 29.—“’Twas the night before Christmas, and all thru the house not a creature was stirring, not even a mouse.” but at the Princeton Hotel dining room vaudeville artistes were celebrating and White Rats were running wild All of which resulted in E. F. Albee, the th Circuit and National Vaudeville Kei Artistes getting showered with quarts of a certain kind of berry considered unfavorable by recipients as a rule. More hundred vaudevillians were now working for the Ner circuits. Harry M than time acts playing sm one Speeches were not in order at first, but as the party grew older Mr. Mountford, among others, was called upon for a few words. The one-time White Rat leader said that the occasion was no time fora discussion of vaudeville conditions, but wished all present what all actors knew they were going to need, namely, a prosperous New Year. Another speaker, who is a wellknown artiste, spoke of the adverse conditions facing actors, and mentioned how some of the predictions made by Mountford several years ago had come true. This actor (playing the Loew Time) continued to take a slam at Mr. Albee and the N. V. A., speaking meantime with forceful clearness. The next day the actor, talking to a newspaper man, said that he hadn't the least idea what he had said the night before, and hoped he hadn't said anything to get him in wrong. A former Keith star, who with his wife is now working for the Shuberts and noted for his ability to sling either pen or spoken word, rose to the occasion and further added to the festival of razzing. Others present said things detrimental to the “powers” in line with the proceeding, but did not let their voice carry farther than their own table That Mr. Albee received a full re port of the gathering and its doings, as wellasa complete list of those present, was realized later in the week when it was recalled that a certain female single, whose stuff is getting old—but who never wants for a route—was also present at one of the tables. Her present, Keiths, while the rest were made up of acts untford was there also. reputation is said to be that of an “Albee Bluebird”, of a faithful flock who fiy back to Mr. Albee with a full report of all things said or done one against the Keith Circuit. At any place, any time, they are apt to be around, and generally are, on assignment or otherwise. Shuberts Believe in Signs New York, Dec. 29.—Theatrical folks on passing the building at 227 West 45th street, which Shubert press among other things houses the are wont to reading “Shubert Advanced ", fastened to the building's and register one of three expressions: otfices, observe the brass sign, Vendeville, Inc facade Wonder, surprise or quizzicalness. These expressions canght by the camera eye of a Billboard reporter sent him scurry ing for elucidation on the meaning of that sign from Arthur Klein, who divides his time between directing the Shubert vaudevilie bureau and the affairs of the new Imperial Theater, natter what anybody thinks, that sign &nneunces the fact, declared Klein, that Shubert Advanced Vaudeviile, Inc.’*, is still dolag business, if not such an active one. He denied that the Shuberts were maintsiaing the ‘‘Shubert Advanced Vaude ville, Inc."*, office as a subterfuge in the lifigation of the $10,050,000 anti-trust action against the Keith and Orpheum interests. *““‘Shubert Advanced Vaudeville, Inc’, fs used by the Shubert organization,’’ said Wlein, “to manage their Sunday vaudeville shows and legitimate theaters showing supermovie productions, which surely proves that the collapse of the Shubert unit shows did net bring with it the demise of ‘Shubert Advanced Vandeville, Inc.’."* Morris Eliminated in Bayes Concert Action 31.—Counsel representing New York, Dec. +} $80,000 breach of contract he principals in the suit brought by Fulcher & Rohan against Nora Bayes, Charles Gulliver and William Morris. who have been conferring privately with the hepe of adjusting the action out of court, with satisfactory suit take .ts -ourss New York County, due for trial some one exception reached no sion and decided to let the n the Supreme Court of and conelu where it is time in 1924. The only impertant development elimination of William Morris as one of the defendants following an adjustment between him and attorney for the concert managers who brought the action. The injunction originally applied for to cestrain Miss Bayes from appearing in vaudeville will not be further sought, as the fifteen weeks during the comedienne was to play for Fulcher & Bohan are now passed. The attempt to settle th court followed a hearing before Lee Morell, was Court Justice Mullan when the injunction was argued jn his court pending was the which out of Robert Supreme for the late in No matter Referee who appointed by motion vember. An agreement was reached whereby a settlement suitable to all concerned would he made privately. Attorney Bernard N. Reich represented Fulcher & Bohan at the conferences, Wm. K. Olcott appeared for Mr. Gulliver, English theatrical man; James Wilzon for William Morris, and Nathan Burkan for Norah Bayes. Fulcher & Boban, concert managers, brought the action for damages and breach of contract agaigst Miss Bayes, William Morris, who acted as agent for her, and Charles Gulliver, who was then acting as manager, when t!e singer suddenly jumped a fifteen-week-concert-tour contract after being on the road for week, beginning October 22 last. She plained of the one-night stands which she wa-~ unable to put up with and the lack of a privat: railroad car. A number of suits against Ful cher & Bohan resulted when Miss Bayes did not Keep her contract. After canceling her concert tour the comedienne opened immediately afterward on the Keith Circuit for eight weeks, playing four art the Palace, New York, where she opened. 8 is now on the Orpheum Time playing the Middle West. COLUMBIA GRAPHOPHONE HAS $5,000,000 LOSS New York, Dec. 29.—The Columbia Graphophone Manufacturing Company has filed schedules in bankuptcy, listing liabilities of 3$23,910,405, and assets of $18,667,931. The main item of indebtedness amounts to $6,797,202 on five-year, eight-per-cent gold notes issued August 1, 1920, under a trust agreement with the Guaranty Trust Company. A petition in bankruptcy was filed against the company on October 15. William C. Dickerman, BE. C. Mayo and Ja) S. Meyer, *s a committee constituted under an one com agreement executed in September, 1921, are listed as creditors for $1,533,320 based on ad justment of claims of merchandise creditors. The assets include $5,932,600 in outstanding ac counts, $4,593,406 in merchandise, factories ete., and $2,753.260 each in bank. Wickes & Nelson are attorneys for the Bankruptey Company. The bank creditors include the Chelsea National Bank and the Guaranty Trust Company with of $1,332,066 each. Others are: Equitable Trust Company, Chatham and Phoentx claims National Bank, Fidelity Trust Company of Philadelphia, National Bank of Commerce, New York Trust Company and the Nation Shaw Mut Trnst Company of Boston with claims of $SS88.044 each. The Bank of America, th: Fourth Street National Bank of Philadelphia and the First National Bank of Chicago have claims of $444,022 each. There is due for taxes $104,017 Columbia Graphophone Factories subsidiary, $299,542. The assets Inde the following: Outstanding accounts, $5,982,600; merchandise is facet ete., $4,593,406: cas in } estate, $1,545,527; 546,701: investment in $1,225,000, and good will, patents, $1,000,000, JOSEPH PAN!I, DEFENDANT and to the Corporation, a banks, $2,7 machinery and fixtures, $1 subsidiary companies trade marks etc., New York, Dec. 28.—Joseph Pani, owner of the Knickerbocker Grill and other resorts. was sued this week in the Third District Municipal Court by Popper Gray & Co., Inc., Which seeks to collect the sum of $348 for goods sold and delivered. plaintiffs. Jonas J. Hegt is attorney for the