Variety (October 1907)

VARIETY 5 ACTS DEFINED AS LEGAL AND ILLEGAL Ex-Judge Lawrence's Opinion on the Class of Offering Which is Within the "Sunday Law." When the case against the manager of the Novelty Theatre, Williamsburg, charged with violation of the Sunday law, was vailed before Magistrate Higgen- botham in Brooklyn Thursday morning, House, CJrossnian & Vorhaus, attorneys for the Orpheum Theatre Company, took up a new line of argument for the de- fense, based upon the findings of Abraham R. Lawrence, former Supreme Court Jus- tice, who sat as referee in the case of the City of New York against William Hammerstein in a suit to revoke the 1907 license of the Victoria Theatre for alleged Sunday violation. Ex-Judge Lawrence a few days ago made his report, the opinion covering over thirty typewritten pages. Although he found against the Victoria in the City's suit, the referee enunciated the principle that Sunday night concerts are not in violation except in such cases as acts specifically prohibited in the law are given. The Brooklyn crusaders have con- tended that the mere giving of a Sunday entertainment constitutes a breach of the law. It was upon these points that the defense rested in Thursday's procedings. In the reference before ex-Justice Law- rence the Sunday question was given a thorough threshing out. Both sides sub- mitted briefs and the referee has been deliberating on the matter since Febru- ary. It constitutes a complete test case, and it is generally believed that the court will confirm the findings. The confirmation or rejection of the report will not be passed upon until application is made by the Corporation Counsel. "The only question is whether those performances were such as are prohibited by section 14S1 of the charter," says Jus- tice Lawrence in his opinion, who then proceeds to take up each separate act given in the entertainments complained of. Mosher, Houghton and Mosher are held to be in violation. "An acrobat," savs the opinion, "is defined to be a rope walker, a dancer, a vaulter or a tumbler. I think it is conclusively shown by the witnesses, that one of the performers in this act vaulted or jumped on the shoul- ders of another, which may be fairly termed acrobatic work. Thatcher and Ernest (who worked in whiteface on that occasion), however, do not come under the head of prohibited acts. "The witness states," says the re- port, "that there was an act where there were nine chairs on the stage, and two men came out. That they were talking arid one man got up and sang a song. That they were white men and that they did not dance. It is, I think, clear that Thatcher and Ernest committed no vio- lation. "The next performance was that of Eph Thompson's Elephants. I think that this act may fairly be called a circus performance, and that it was in vio- lation." The referee then examines the singing act of May Ward and in passing upon it as legal, admits the legality of sing- ing comic songs ancl/parodies on Sunday. There was a conflict of testimony as to whether the "Eight Vassar Girls" danced or not. The policeman construed the walking about of the girls in time to music during the electric finish of the act as dancing. Oscar Hammerstein de- scribed the business as "an imitation of children going around a May pole." The referee declared the act not a violation, although it was shown in the testimony that there had been a change of cos- tume and scene involving the raising and lowering of curtains and drops. Marino (the "auto defier") is classed as a circus act, and also declared in violation. In several places the referee declares that moving pictures are not an infrac- tion of the law, the text of the opinion having this paragraph: "The last exhibition of the evening was some moving pictures which were not, and, as I understand it, were not, claimed to be in violation of the charter." This view is at variance with that of the Brooklyn magistrate who recently closed a moving picture show in that Borough. In commenting on the bill presented Dec. 2, the referee finds nothing objec- tionable in the singing and imitations of animals given by Hodges and Lauchraere, although the pair were made up. Of Foster and Dog the opinion says: "I am incluned to think that while this performance may come within the letter of the statute, it does not come within its spirit, and should not be regarded as a violation." Lee Harrison's monologue is likewise exempted from the operation of the charter, as is the act of Binns and Binns, although it was shown by the evidence that one of the men was in costume, and there was a change of clothing. Carlton Macy, Maud Hall and Company are held to have committed a violation. "All the witnesses in regard to this per- formance are so vague in their recollec- tions that it is almost impossible to de- termine what actually transpired when the Carlton Macy Troupe was on the sta«ze, but it seems to me that the per- formance was a farce, or farcical sketch and therefore its presentation on that even- ing was in violation of the provisions of the charter," is the disposition. Mar.gie (line's act is passed upon as proper, but the referee considers.the pan- tomimic sketch of the Karno Coinedv Company ("A Night in a London Club") a violation. "This is described as a musical act," writes Justice Lawrence. "I am, however, of the opinion that the performance was in the nature of a mu- sical farce, or at least an entertainment of the stage similar in character to those enumerated in section 1481." Howard and North ("Those Were the Happy Days'') are disposed of as quite proper. STRAIGHTENING OUT "SUNDAY LAW." A bill that will come before the next New York State Legislature will be one for the revision of the Greater New York Charter. The bill is designed to correct certain alleged evils in the present charter, and in the process of revision an effort will be made by the attorneys representing vaudeville interests to have that section relating to the giving of Sunday enter- tainments in the variety houses changed to do away with the present interference on the part of the authorities and reform- ers. Under the present law there is a wide divergence in opinion as to just what sort of an entertainment constitutes a viola- tion. Certain acts supposed to be permis- sible are found to fall under the legal taboo and the reverse. According to some authorities there is no general law which covers the prohibited class of acts, each having to undergo individual scrutiny by a legal expert before its eligibility can be determined. A conflict of authority and interpretation further confuses the issue. FISHEL GOES TO PHILADELPHIA. Chicago, Oct. 18. Dan S. Fishel, formerly manager of Klaw & Erlauger's Garrick, St. Louis, came to this city while A. L. Erlanger was here at tending the opening of the Audi- torium. With the passing of the former K. & E. Western theatres to The American Theatre Company, the Oppenheimer Brothers of St. Louis, who are interested in the cor- poration, have taken charge of the Gar- rick. The result of the conference between Messrs. Erlanger and Fishel was the de- cision that the former Garrick manager should proceed to Philadelphia, where he will manage the Edwin Forrest, E. 0. Price, the present manager, taking to the road with a sbow./^"\ . The business done by^fcne Garrick while Mr. Fishel was in charge attracted the at- tention of the "Advanced Vaudeville" managers and his promotion is the re- ward. RICHMAN WANTS TOO MUCH. Charles Richman is willing to serve an engagement in vaudeville, but Mr. Rich- man is asking too much for his services, according to report. The actor is not playing just now, and M. S. Bentham, the vaudeville agent, is reported to have offered him $1,000 week- ly while in the varieties. Mr. Richman is said to have demanded $1,500, with no compromise. The managers are backward in bridging over the discrepancy in amounts. ODETTE TYLER ON NOV. 4. On Nov. 4 Odette Tyler will make her vaudeville debut, along with R. D. Mac- Lean, in one of the United local houses. The couple will appear in a sketch of Western life written by Campbell Mc- Culloch. Frances Rockefeller King, Miss Tyler's personal representative, has ar- ranged the preliminaries. Some time ago an offer was made for Miss Tyler and Mr. Maclean to play in vaudeville, but the negotiations fell through. Last summer the actress played in stock at St. Louis. COOPER AND ROBINSON. (ii'i» W Cooper .-111 • I William RoblnHon,-the* comedians, liavc been i i trier* (ind |> tnyIt*ix hi vjunlr villi- together -iiM •■• J.ni. in, *03, At I tint time tiny appeared In nil i< 'I "(iolng to War," Jt y\h* 11 -<ii 1 siiiti'-s wherever played, During the aea»on '0.* '(in, nnd Itnblnaon prevented a iiii: laugh Winner In "Looking for Hannah." It wan talked nj>o Si w Yoik to 'Frisco. At the prcaetil tlnie 11 »«- team is appearing in "A Friend of Mine," wh.t m-oked to October, 'OS. It l» another aneceaa, riie prewa iin<i public alike apeak highly of this couple, u ' <\ ? V> • 1 ..-•• Cooper and Robinson claim to be original in tluMr work, mid have made good Hull ' ' ■ K<»r n<'\t Heaaon n new net by Mr. Cooper, entitled in. 1 Hunt," will he played.