Variety (Apr 1907)

8 VAfelBTY By a C BARTRAM, Variety's London Office, 40 Liale St, W. London, April 17. Those who like to see "somewhat differ- ent" shows have varied life's monotony by a glance at the Aeroplane Show, Royal Agricultural Hall. The machines were wonderfully made. Last Monday they were put to a practical test on the sloping hillside green outside Alexandra Palace, and the only things that flew high were the hopes of the inventors. Much progress must be made if Ringling Brothers and Barnum are to import successful flying machines next year. Last week we had a sensation in the arbitration proceedings, Oswald Stoll de- liberately withdrawing, and saying he could not be a party to the proceedings if any attempt was made to "monkey" with the darling "barring" clause. It was at once rumored that he would resign from the Entertainment's Protection Associa- tion, and be followed by the Empire, Al- hambra, Palace and Pavilion. The fact is that the barring clause is not only against the interest of the artist, but also a thorn in the side of the small proprietor, who has to take what turns he can get. Albert Gilmer, Sparrow and Coe are among Lon- don managers who saw the barring clause in a different light from the great Oswald, and as friction produces fire there was heated language used in some of the cross talk before the learned arbitrator. Some people think that Mr. Stoll in withdrawing was simply trying to run a "bluff" on the arbitrator. Others say he undoubtedly consulted counsel, and found there was no direct legal penalty set against the offense of pulling in one's horns. Well, a Sunday theatrical journal ventured to say that we would probably have the music hall war all over again, and if so the results would be even worse than before. Meantime considerable pressure was put on Mr. Stoll from various sources, while he had an interval of rest in which to think matters over "in cold blood," and see the dangerous ground on which he stood. The curious result was that Mr. Stoll on April 16 wandered back into the sheep fold, and once more resumed at- tendance before the distinguished arbi- trator. The first annual general meeting of the Variety Federation came Sunday, April 14, running from 4 P. M. till nearly 11 at night,'out out of respect to the arbitrator's wishes the name of Mr. Stoll was not once mentioned during the seven hours' sitting. Sparrow and Bawn kindly lent the Oam- berwell Empire for the federation gather- ing, and though debate waxed strenuous at times, the dominant idea was that the members were all together, and would act as one man any time that duty called. The proposition to admit the press at the general meetings was withdrawn on learn- ing that it was not the usual trade union custom. A proposition to elect the general secretary by a direct vote of all the mem- bers failed, and he will be elected by the executive committee, so that they may have a man thoroughly correlated to their own peculiarities. George Gray's proposi- tion for an inner council or sort of su- preme court, Arthur Leonard's move to rescind the admission of musical directors, and various other proposed changes, were carried over to a postponed edition of this meeting that will be held after the arbitra- tion award. The report concerning "The Performer" showed that after various ups and downs under non-theatrical editors, it was now on a paying basis and with a growing cir- culation and wide influence. It dreams of having its own printing plant later on. As the strike cost the artists quite a bit of money, they do not expect to be cheated out of any victory gained by arbitration, and moves in this direction would surely be dangerous. -As to what the strike cost the managers, those secretive gentlemen are saying not a word, but one outside estimate based on available data is $025,000. James David Kirtland, manager of the Foresters, has passed out of the world by his own hand. Horace Goldin, illusionist, rather got the worst of it in a suit against Gustave Fasola for infringing on his disappearing woman trick with the cannon and nest of boxes. The judge decided that the sub- stance of the trick was twenty years old, while Goldin's legal papers did not state the precise points of infringement. Oswald Sff)ll was also quite willing to speak about the enormous salaries of enormous America. He expressed the opin- ion that if such salaries were to be paid— which he very much doubted—managers who paid them would soon be in the bank- ruptcy court. Some attempts were made to interview Mr. Stoll after his withdrawal from ar- bitration, but he was rather non-com- mittal, politely but firmly refusing to con- firm or deny. Other magnates of the halls expressed the opinion that a new music hall war, even more bitter than its predecessor, was inevitable. It is therefore very fortunate that the pressure put on Mr. Stoll has brought him back to the settlement proceedings, but his final action in the matter yet remains to be seen. The fact is he fells very strongly on the barring question, but so do the pros and small proprietors. Though the danger signals have been taken in for the moment there is certainly a feeling of unrest, none knowing what the coining days may bring forth. We will wait and see. (Special Cable to Variety.) London, April 26. Oswald Stoll has decided to remain with the arbitration proceedings. It is dragging along, but a decision is soon expected. THE CONTRACT BREAKING CASE A great deal of theorizing and conjectur- ing over the effect of the refusal of a Massachusetts judge to enjoin the Empire City Quartet from playing the Salem (Mass.) theatre last week has been going on the past few days. Many sides of the questions involved have been given out, and many believe the quartet had substantial legal grounds for the breaking of their contracts, inas- much as the court's decision apparently upheld the action. One of the defenses understood to have been ready to be interposed by the quar- tet, had their side of the case been pre- sented, was an alleged statement made by William Hammerstein at the time two weeks were scratched off the slate at the Victoria Theatre for the act. The import of the alleged statement was that all the quartet's time in the United Booking Of- fices would be canceled. This Mr. Hammerstein denies. He said this week to a Variety representative: "1 never made any such statement. It is absurd. I have no authority to cancel any act for this office, and there was absolute- ly not one word spoken regarding any other time. "When I canceled Clark and Hamilton for my house during the week the quartet was booked, I engaged Julius Steger to re- place them, and Mr. Steger insisted upon being headlined. I had no agreement to headline the quartet, but intended doing so for business reasons. Irving Cooper asked me to put out a twenty-sheet stand of the act, and I refused, not seeing the advantage of advertising a future oppo- sition act. "Harry Cooper afterwards came around the theatre, and during the course of con- versation I informed him of the Steger engagement. We then mutually agreed to cancel both weeks, and I had Mr. Cooper repeat his acceptance of the can- cellation before witnesses. Further than that nothing was said or done." William Morris, the agent, who original- ly booked through his office the contracts which were afterward broken by the quar- tet, said this week: "The Empire City Quartet applied to me as their booking agent to secure time for their open weeks which I was informed had been canceled through the action of William Hammer- stein as one of the directors of the United Booking Offices in notifying the boys that all time through that office would be can- celed. "I have never broken a contract made through my office, but when the quartet told me they were canceled, and would not play any engagement during these weeks, I booked the act. I did not sup- ply the lawyer to defend the case at Salem." Louis F. Werba, Klaw & Erlanger'e gen- eral vaudeville representative, said regard- ing the matter: "As far as Klaw & Er- langer are concerned our contracts were signed in good faith, and we had no in- formation as to any outstanding agree- ments for the same week with the act. Mr. Morris books for us, and upon receipt of the contract, it was signed. Klaw & Erlanger will always insist upon the carry- ing out of all contracts made with them, and they will always fulfil their own agreements." L. Lawrence Weber, of Weber & Rush, who had the act under the contracts which were broken, said: "We never can- celed the Empire City Quartet nor au- thorized anyone else to do so. We have had the act billed in Binghamton for a long time with posters saying 'Wait for the Empire City Quartet.' That does not look as though we did not expect them, does it? I consider it rank injustice on the part of the Coopers to us, especially as we were almost directly responsible for their playing in vaudeville." In confirmation of the report that after the Hammerstein cancellation had been disposed of, and notice sent to Weber & Rush of the quartet's intention to break its contracts in their houses, Percy G. Williams stated this week that he was present at an interview in the United Ullices between E. F. Albee and Will M Cressy when Irving Cooper, on behalf of the quartet, promised Messrs. Albee and Cressy (who represented the Vaudeville Comedy Club) that the Weber & Rush contracts would be played as agreed. The resignation of Irving Cooper from the Vaudeville Comedy Club has not yet been acted upon. At the last meeting it was laid over. SHEPPARD SUPPLIES MOVING PIC- TURES. There has been some debate as to which concern will supply the moving pictures to the Klaw & Erlanger vaudeville circuit next season. The American Vitagraph Company was credited with having the inside track for the business, but it is more likely that Archie L. Sheppard will be awarded the contract. Mr. Sheppard has been playing his mov- ing picture shows in several of the K. & E. houses, filling in the opening Sundays along the line. He will continue to do this, according to all information, and in connection will have charge of the film de- partment of the vaudeville division. RAIDING "NICKELODEONS." St. Louis, April 2G. In the arrest of H. A. McAlister, who conducts a "Nickelodeon" at 1819 Mar- ket street, the police have begun a series of raids promised for some weeks. The suggestive pictures confiscated include one of extreme licentiousness, showing a young woman in various stages of retir- ing for the night. This is only one out of over one hun- dred such places in St. Louis, and the police say they are going to raid all that have objectionable pictures. The maximum fine is $300. WANT TO TRY EVANS' CASE. A motion has been made in the City Court by William Grossman, representing Percy G. Williams, to have the case of Will Evans, the English artist, against that manager placed upon the short cau>« calendar. Should this be done a decision will be rendered in May or June. Other wise the case goes over until October.