Variety (Feb 1907)

8 VARIETY MR. BERNSTEIN'S FUNNY WAY. The ways of cheap agents are ofttimes funny, but Freeman Bernstein, who is advertised as the New York booking agent for the Sullivan-Considine circuit, is entitled to the blue ribbon through the testimony in a case tried on Tuesday be- fore Judge Seaman in the Twelfth District Municipal Court. The suit was based upon a complaint of Martin Buckley and company, who con- tracted in the local office of the Sullivan- Considine circuit on December 7 to play their new sketch "The Intruder" for a trial at the Family Theatre on East 125th street during the week of December 31. The salary agreed upon was $100 and the contract was signed "Freeman Bern- stein." Just "Freeman Bernstein" and nothing else; it did not say "agent," "manager" or anything after his signa- ture, just "Freeman Bernstein," and the name of "Sullivan-Considine" was entire- ly missing in *.he printed matter. The act appeared at the house on the approved date, to be informed by the resident manager, D. R. McCoy, that it had not been booked, and was too high- priced, anyway. In the emergency, Mr. Buckley called upon his attorney, M. Straasman, at 853 Broadway, who brought suit against Mr. Bernstein, not because he wanted to, but because he had to under that peculiar "smooth" tricky contract. Mr. Strassman recovered judgment for .the full amount of $100 against Bernstein, but that Is a joke as far as the booking agent for the. Sullivan-Considine circuit is concerned. The lawyer has a full realiza- tion of his cash recovering chances and will bring another action against Sulli- van ft Consldine as "undisclosed princi- pals." He will also inform his clients, both present and future, to be extremely care- ful what sort of a contract is signed in any business transaction in which Free- man Bernstein is concerned. ONLY CANCELLED 27. The Musical Simpsons received by way of a Christmas present from the Keith offices one of these blanket contracts for twenty-seven weeks work. This was .lur- ing the merry Yuletlde. Several weeks ago, so the story goes, Jales Delmar, of the Keith forces, approached the musical act with a request to play several weeks of time in as many Canadian cities at a re- duced salary. The act tentatively agreed to do so, but later the Morris office offered it Hamilton (Canada) and Detroit at the regular price. The musicians accepted immediately, only to be informed a few dayR later that those "27" had been cancelled. NELLIE WATERS BOOKED. Nellie Waters, an English singing eccen- tric comedienne, has been booked to open at the Colonial Theatre February 25. Miss Waters is claimed to be Vesta Victoria's only rival on the other side. HOMANS RECOVERS. Gen. TToraans, the agent, recovered judg- ment against Louise Dresser for $251, the full amount sued for in his case against her for commissions due under the Dres- per-Shubert contract. MISS JANVIER PLAYS N. Y. Emma Janvier, late of "The Spring Chicken" and later a candidate for vaude- ville engagements, has retained counsel and declares that she is prepared to fight Klaw & Erianger's efforts to prevent her ap- pearance in the varieties in New York. The producing firm allege that Miss Janvier is under contract to them for "The Spring Chicken" and declare that they will sue out an injunction restraining her from appearing under any other manage- ment. Meanwhile the Englishwoman has been booked next week by the Keith office, probably for the 125th street theatre. Ac- companied by her lawyer Miss Janvier called at the Keith office Thursday after- non for a conference with E. F. Albee, Keith's general manager, and ex-Judge Dit- tenhoefer, attorney for the Keith-Proctor enterprises. What the result was is not known. Miss Janvier likewise enters an em- phatic denial that she received only part of her salary for her week at Chase's, Wash- ington, as has been publicly reported. She says her whole salary, with only the book- ing commission deducted, was duly paid over. FLOODING CHICAGO WITH MUSIC. Chicago, Feb. 1. The Sherman House has the appearance of a nitisic publishers' convention. Every parlor floor room is exploiting Irish, In- dian, Mexican, Scandinavian and coon songs. A boiler factory could not cre- ate more noise. Vaudeville artists, serio- comics and recent recruits from the "legit" test their vocal cords with songs the "boosters" are ready to popularize. Theodore Morse and his band of "plug- gers," consisting of Al Cook, Jack Dris- lane and Billy Farnon, are much in evi- dence with the Haviland publications, while Thomas J. Quigley and Harry De Costa, representing Francis, Day & Hun- ter, are so pleased with the results of their first few days of strenuous work that they will remain here for some time. Jules Von Tilzer was another arrival who promised to start something. Jack Von Tilzer is also here. With so many music publishers at one time the "tenderloin" district, where the free concert halls reign and invite East- ern patronage, will be invaded. Chicago will be lively for the next few weeks. Every cafe in the city owning a piano is making preparations. Ous and Leo Edwards were among the last to arrive. THE PASTOR BALL. The ball of Tony Pastor's Employees, held last Tuesday night at Tammany Hall, brought a large crowd together, nearly all of whom seemed interested in the buck and wing team dancing contest. There were five contestants, Remick and McNally. Ward Brothers, Kennedy and Wilklns. Merrell and Schack and Wilson and Hell. Ward Brothers received the judges' de- cision, although the question was argued until the affair broke up at daylight as to whether they or Wilson and Bell should have received the distinction. The ma- jority expression was that the Ward Brothers fully merited the medal they will receive. An entertainment opened the ball. INTER-STATE PLAY LEGITIMATE. Chicago, Feb. 1. Arrangements have been completed whereby the vaudeville theatres in the South owned and controlled by the Inter- State Amusement Company will play some of the time booked in that territory by Clay Clement in "Sam Houston." General Manager E. F. Carruthers said yesterday to a VARIETY representative: "I have signed contracts with Manager Greene of the Clay Clement Company, through the Shuberta, to play the attrac- tion over the Inter-State circuit, com- mencing February 4, at the Majestic, Houston. Two nights each week will be given over to the play. It is not our in- tention to change the policy of the the- atres. "The plans will in no way interfere with our vaudeville bills. Artists will be given two days vacation wherever the attrac- tion is played, but will receive salaries for the full week. "We may build a new theatre in Hous- ton for the independent combination at- tractions if the experiment is encourag- ing. I am also figuring with Gaston New- brick, manager of the Lyric, Mobile, with whom I am personally interested in the conduct of that theatre, in erecting an- other vaudeville house in the South to af- filiate with the Inter-State interests. I am not at liberty to mention the name of the city at present. There will be a number of new theatres to the string we control now." LOUISE AGOUST IN SKETCH. Jos. Hart has assumed the direction of Louise Agoust, of the Agoust Family, and will place her in a sketch which will give an appropriate setting for her juggling. SOME TIME. Lew Hawkins has contracts for nine- teen consecutive months from the Keith offices. FORMING NEW FAMILY CIRCUIT. San Francisco, Feb. 1. Henry Lubelski, of Denver, has been in town during the past week forming a new Western circuit of "family" theatres. Mr. Lubelski claims to have fifty-four houses on his life up to date, extending from Denver to the coast, and ia looking for further acquisitions in this State. John W. Considine, of the Sullivan-Con- sidine circuit, is expected to arrive to-day. He comes to arrange regarding a new house for his circuit at Oakland. Mr. Con- sidine will also attempt to locate other California cities for his style of vaude- ville. The general belief here is that there is some feeling existing between the Sulli- van-Considine people and the "Three L.s" (Loverich, Levy and Lubelski). The two circuits have been booking together, and a number of acts after leaving the Sulli- van-Considine route have gone over the circuit of the "Three L.s", afterward en- tering a complaint regarding treatment. One recent case came to light where Sullivan ft Considine paid direct the amount of a week's salary to an Eastern act which had been cancelled by Tony Lubelski without reason or satisfaction. If the Sullivan-Considine can obtain a foothold with their own houses it is likely that relations wi the "Three L.s" will be severed. RAFFIN'S MONKEYS AFTER SHEEDY. Nevt week at the Eighth District Muni- cipal Court will be heard argument in an action brought by Robert Raffin, owner of "Baffin's Monkeys," against M. R .Sheedy, manager of Sheedy's Theatre, Fall River. Two hundred dollars is the object of Mr. Raffin's legal entrance. He is a for- eigner brought over here last summer when the act played Luna Park, Coney Island. H. B. Marinelli afterward booked it through the Morris office and one of the weeks contracted for was Sheedy's. The monkeys were to have performed with their trainer, Louise Raffin, in Mr. Sheedy's town during the week of Octo- ber 22. The date was subsequently shifted to October 29, and according to Sheedy every one connected had notification excepting himself. When the animals arrived ad- mission to the theatre was denied. For this refusal Mr. Raffin wants his week's salary. The allegation of Sheedy that he is not responsible for the amount leaves the question of liability to be decided between the Morris and Marinelli offices, if Mr. Sheedy convinces the court that he is in the right. SAM RICE Next week at the Gotham Theatre, New York. TRYING TO STOP ACT. Chicago, Feb. 1. Gus Edwards, the New York music pub- lisher, who is in the city, has notified all agents here that they will book the new act of Don Leno's at their peril, as it in an infringement on his own, known as "School Boys and Girls." Leno was for- merly connected with Edwards in that piece. Adolph Marks, Edwards' attorney, will apply for an injunction Monday. Mean- while it is understood Leno is rearrang- ing his new act in "business" and plot in order that it shall not interfere with Edwards.