Variety (June 1907)

VARIETY OLD "BARRING" CLAUSE P LACED IN CONTRACT The United Booking Offices Will Cancel Any Act Playing in Opposition The latest contracts to be issued by the I'nited Booking Offices contain two »lauses relating to "barring" the artist or act engaged, if playing in opposition to my of its houses. The first forbids playing in the city where the house booked for is located, and on this condition an injunction could be applied for to restrain the appearance before the expiration of the contracted time. The second condition includes all the houses booking through the United Of- fices, and imposes a stricture against playing in any other town or city where the United operates or books a theatre under penalty of having all time on the circuit canceled. The clauses are separated probably to avoid having the courts nullifying both if joined, through declaring either inequit- able. The former contracts of the Agency provided that no act could play in oppo- sition to the house booked, and this loop- hole has allowed two acts (LeCaron and Herbert and Vasco) to play Klaw & Er- langer's theatres, coming direct into Ham- merstein's booked through the United. Under the contracts held by these acts, Mr. Hammerstein was powerless to can- cel, the- playing of K. & E. time outside the city not coming under the head of opposition to his own house. Upon the return of Percy G. Williams from the other side, it is thought that he will be asked to insert this additional clause into his contracts to protect his associates. Mr. Williams' present con- tract "bars" his houses by city blocks only. The contracts issued through the office of the Western Vaudeville Association do not contain similar clauses, no provisions for barring having been made by the Vvestern managers. The "barring" of Williams and Walker by the United Offices for having played Klaw & Erlanger's Chestnut Street Opera House in Philadelphia was brought up during the absence of E. F. Albee last week. The colored team has been booked as the feature for Harry Davis' Grand Opera House, Pittsburg, next week. When the engagement was announced in the United Office, John Harris, Mr. Davis' manager, was requested to withhold the contract until Mr. Albee returned. This he declined to do, stating that a feature was needed, and no distinction could be made under the circumstances. Williams and Walker received the contract and will appear. ZIEGLER HAY LOCATE HERE. Cincinnati, May 31. Henry M. Ziegler, of Cincinnati, a part- ner of Max C. Anderson and manager of the Columbia and Walnut Street theatres, has left for New York, where it is pos- sible he will take up his permanent resi- dence. Mr. Ziegler would not make known his plans at this time. "1 may live in New York," he said, "or 1 may spend a season or two in Europe, in any event I will retain my residence in Cincinnati." During the absence of Mr. Ziegler the handling of the three Anderson & Ziegler houses will devolve upon Harry Shockley, who has for a long time directed the Wal- nut Street Theatre. BAD CONDITIONS IN 'FRISCO. While playing at the Orpheum, San Francisco, last week, Charles Leonard Fletcher was seized with an attack of vertigo and fainted in the middle of his act. The many changes encountered by the artist in his trip around the world are attributed as the cause. It was a slight seizure, however, and he continued playing. Mr. Fletcher is now in Los Angeles. He comes East shortly, stopping a few days in New York before sailing for London. The theatrical situation in 'Frisco is reported as being generally dull, owing to street railway strikes and general indus- trial disturbances, although the Orpheum business has been very large. Prices are high and the population has not too much money to spend in amusements. LEONHARDT'S FALSE ALARM. Last Wednesday night while Harry Leonhardt, manager of Keith-Proctor's Twenty-third Street theatre, stood in front of the house watching the fast emptying ticket rack, a carriage containing a party of four, who were dressed for a ball, rolled up to the curb. Like a flash Mr. Leonhardt disappeared into the inside sanctum, returning in about two minutes attired in the latest cut of evening clothes. But the carriage party had erred. It discovered the mistake and continued westward. "It's all right," said the manager, breath- ing hard from his exertion, when informed of the false alarm; "We had no place to put them, anyway." WALTON'S 40 WEEKS FOR NEW ACT. A contract for 40 weeks next season has been signed between Fred Walton, "the toy soldier," and the United Booking Offices. The time starts September 2. Mr. Walton has in preparation for the tour a new and elaborate production, re- quiring twenty people to play. CHANGED NAMES FOR A WEEK. Rochester, May 31. On the bill at the Lyceum this week Harry Lee is "Harry Ix>ve," and Irene I/ee iR "Irene Kainard." The change was thought to be necessitated by too many "I>ees" on one program, Henry Lee, the impersonator, also appearing. A PECULIAR LAWSUIT. A suit in the Supreme Court has been brought against the Keith-Proctor corpora- tion by Max Freeman, assignee for one William F. Rochester, who, with Julian Mitchell, last December produced and "tried out" at the Keith-Proetor theatre in Jer- sey City a "girl act" called "The Seven Red Tops." Rochester held a contract from Keith & Proctor, made conditional upon its face for the success of the act, calling for twelve weeks at $1550 weekly. At the time of pro- duction, the act was voted a failure. This was admitted by the producers, one rea- son for its non-success being ascribed by Rochester to the manifold duties of Mr. Mitchell which prevented his full attention being devoted to the vaudeville piece. The contract plainly stating in its terms that the act was subject to cancellation under the circumstances, no further atten- tion was paid by the Keith-Proctor people, although an offer was made to contribute towards the expenses of producing the act if Mr. Rochester's financial condition had been made stringent thereby. The proffer was declined. This week through Katz & Sommerich, attorneys for the assignee, a complaint in the legal proceedings was served calling upon tin court "to reform the contract" by eliminating the cancellation clause, and giving such other relief as might be deemed proper. This is construed to intend that the court shall re-make the original con- tract into an agreement, absolute in its terms, calling upon the vaudeville managers to either play the act, as presented in the first place, or forfeit the amount of the re- maining eleven weeks' salary, amounting to $7,100. It is said that this is the first instance in legal procedure as far as can be ascer- tained where a reformation of a contract has been asked for without fraud alleged, or when the parties to the instrument have mutually agreed to have the court pass upon the terms. Maurice Goodman will appear for Keith & Proctor in the suit "CARRYING COALS TO NEWCASTLE." Pittsburg, May 31. The vaudeville fight between the K. & E. forces and Harry Davis was given addi tional fuel this week. On Monday a wagon announcing the bill for the Nixon (K. & E.) drove up before the Grand Opera House, its opposition, and the driver dis- appeared, leaving horse, wagon and an- nouncement stationary before the Grand's doors. John P. Harris, local manager of the Grand, was notified, and while not regard- ing the incident as a joke, did not fly into any rage. A Davis employee finally start- ed the outfit moving. There will be bitter things done here if anything "is started." One side seems to be waiting only for the other to com- mence. Davis opened his new restaurant this week. It is doing a roaring business. He is conducting it on the "help yourself" system. The new restaurant is the finest equipped in the city. VICTORIA ROOF OPENS MONDAY. On Monday night, June 3, the Roof above Hammerstein's Victoria and Belas co's theatres will open for the summer season. The interior has been freshly painted and redecorated, but the greater changes have occurred on the "farm." William Hammerstein has turned his facsimile of an advertised "summer resort, with board" into what Mr. Hammerstein calls "The Mute Review." The former windlass has been painted n deep red, and named "The Red Mill." A small house has been built to the left of it, and this will be the home of a porcu- pine. Above the door will read "The Rich Mr. Hoggenheimer." Another house con- taining a simian is called "The Road to Yesterday." Among the other points at which Mr. Hammerstein's subtle humor has been di- iccted is the barn. Here he says there will be a cow surrounded by a real rose bower. This will Indicate Rose Stahl, but a further explanation will be made to enlighten the city folk that a cow generally occupies a "stall" (in New York). Else- where stalls are fitted only for horses. Mr. Hammerstein's real humor is left undescribed. To himself he calls the fire escape "The Love Route," and passing the lighthouse erected, he softly murmured "That should be named 'Shakespeare'; al- ways a lighthouse." The opening bill in the order of ap- pearance is as follows: Serra, Vasco, Gus Edwards' "Schoolboys and Girls" (15), Rice and Prevost, "Cremation," Collins and Hart, Cameraphone, Barnold's Dogs and Monkeys, Intermission, "Sunny South" (15), Willy Pantzer Troupe, "That" Quar- tet, Camille Trio. The "Cameraphone" is the "talking" moving pictures, and will be the first presentation in this city; also "Crema- tion," a foreign illusion, is first shown. Another feature of the Roof's bill is the position of Collins and Hart in any other place than the closing one. For the second week the program will undergo little change, but will gradually develop new numbers, with many foreign acts to be seen during the season. There are eighteen pieces in the or- chestra at the Chestnut Street Opera House, Philadelphia. Collins and Hart now make it a con- dition of their contracts that they shall not be the closing act on a bill. The regular season of the Grand Opera House's Sunday night concerts was an- nounced to -lose last Sunday. To-mor- row night the house will be given over to a testimonial to the house attaches. CORBETT'S MONOLOGUE VOLUN- TARY. Walter Vincent, of Wilmer & Vincent, says he was staggered when reading in the last issue of Variety that the reason James J. Corbett did not play "A Thief in the Xight," at the Chestnut Street theatre, Philadelphia, last week, was through his objection, that being an opposition house to the booking agency his firm's vaudeville theatres are booked by. The sketch was written by Mr. Vincent's partner, Sidney Wilmer, who is now away. Mr. Vincent states there is no truth in the article and the facts seem to point to the Morris Office as the agency which caused Mr. Corbett to change his offering. The Morris office requested Mr. Corbett to play in "one" with a monologue Instead of the sketch, arid after much persuasion Cor- bett consented. His success with the talk- ing act will cause the monologue to be re- peated at all of the actor '-pugilist's immedi- ate bookings. Harry S;mf>er, the Hebrew comedian, has been engaged t<»r Rote Sydell's "Lon- don Helles" next season.