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VARIETY PRESENT "SUNDAY LAW" DISAPPOI NTING TO MANAGERS Difficult to Arrange Bills, and Attendance Last Sun- day Not Satisfactory. The operation of the new Sunday ordi- nance passed by the Board of Aldermen allowed the theatres to give a concert last Sunday, but in no other way satis- fied the managers. The attendance at all the local theatres was meagre, Hammerstein's holding the larger crowd at both shows. One cause for the light patronage was attributed to the Sunday before Christmas, while the newspapers were blamed as having caused an impression to spread that anything approaching the usual Sunday concert could not be given. To-morrow is expected to be a better guide for the managers to determine if the Sunday shows under the present limi- tations are worth the candle. There isn't much doubt that if relief is to be had an appeal must be made to the Legisla- ture. In that event it is feared the legiti- mate managers will step in and insist if the doors are opened wide to the vaude- ville shows on the Sabbath in Greater New York, that the same provision be made for every other kind of an enter- tainment on that date. At the New York, Colonial, American and Fifth Avenue theatres last S'unday the attendance was extraordinarily light. B. F. Keith, who witnessed the show at the Fifth Avenue, his house, is said to have stated if the attendance did not im- prove it would be senseless to keep the theatre open for that one day. The American, always packed to its ca- pacity by Ted Marks' special Sunday bills, held less than one-half the usual number of people. The Colonial at night was less crowded than in the afternoon, and the New York improved in the even- ing over the matinee. "Straight" shows were given. The Police Commissioner, acting under in- structions from the Corporation Counsel, forbade moving pictures at the last mo- ment, making other rulings also which interfered with the programs which had been laid out. ' Percy G. Williams said Sunday even- ing he had instructed his Orpheum The- atre, Brooklyn, to run moving pictures, and if an arrest were made he would make a test case of it. The police took no action on the other side of the bridge, but at the Colonial, another of the Will- iams' circuit, David L. Robinson, the man- ager, was notified by Police Captain Far- rell to appear the following (Monday) morning at the 54th Street Court to an- swer to a charge of having permitted the illustrated lecture by John Floyd Humes to be given. Mr. Humes' lecture is named "A Trip to Panama," and is illustrated by stereop- ticon slides. There is no dispute that the lecture is educational, a condition of the local ordinance. The Robinson case was adjourned on Monday until Thursday. It is not deemed a "test" of the moving pic- ture matter. Late last week Maurice Goodman, at- torney for the United Booking Offices, se- cured an injunction against the police re- straining the authorities from molesting the Fifth Avenue Theatre, where "The Passion Play," a moving picture requir- ing one and a quarter hours to show, was billed. It was given at both perform- ances. The argument on the injunction was set down for Thursday, but has been ad- journed for a week. In the meantime several cases against moving picture shows arising out of last Sunday per- formances will be argued, it is expected. The vaudeville managers have decided it is wiser to await a decision on a moving picture exhibition alone than to have the whole question of Sunday shows threshed out before the Supreme Court through involving the picture films as a part of a performance. The direction to the Commissioner by Corporation Counsel Pendleton that mov- ing pictures were a violation was based upon Section 265 of the Penal Code. This is an act relating to sports, and the words "and all shows" appear in the statute. In Section 277 of the Penal Code, refer- ring to theatres, this wording does not appear. While the theatrical lawyers contend that the phrase "and all shows" relate only to sporting shows or exhibi- bitions it is considered hazardous at the present time to have the Supreme Court pass on the subject in a suit wherein an entire performance is at issue. Should the Supreme Court decide "and all shows" covers every kind of an entertainment, it would practically vitiate the ordinance passed by the Board of Aldermen and again close the theatres on Sundays. At the New York last Sunday appeared Johnny Johns, Jack Norworth, Josephine Cohan (recitations), Fred Niblo, Mabel Berri, Bates Musical Trio, Louis Mann (recitations), and an operatic singer. At the Colonial were May Irwin, Rob- ert Hilliard (recitations), Empire City Quartet, Waterbury Brothers and Tenney, Dick Temple, Wise and Milton, John Floyd Humes' illustrated lecture, Rice and Cady, and the Romany Operatic Company. The Romany Company played in their stage attire, being dressed as gypsies. The Hebrew comedian of the quartet ap- peared without makeup. The similarity of the bills as a whole became monotonous, and the late num- bers as a rule were fortunate in escaping the derision of the audience. In some the- atres it was reported sketches of the singing and talking variety, requiring no special setting, had been played. They were passed unnoticed by the police, pres- ent in every house. No change from last week in the gen- eral make-up of the bills will be made for to-morrow's concerts, although a fa- vorable decision or change of opinion by the Corporation Counsel on the moving pictures controversy, also more freedom in the changes of costumes may give the managers a better working program. WHITE RATS WANT COMPLAINTS. Artists having complaints against mau- nders or agents are invited by the White Rats of America to forward their cases to the organization for adjustment and arbitration. In an advertisement appearing in this issue, the White Rats ask the members of their own order or the foreign affiliated societies (Internationale Artisten Loge and Variety Artistes' Federation) to bring all grievances to the Rats' headquarters. The object is to prevent artists placing a matter in the hands of an attorney which may be easily adjusted by pacific methods, on the theory that a manager or an agent does not wish to uselessly engage in a legal controversy, and will be amen- able to conciliatory tactics, settling the differences on a fair basis without in- curring the enmity of either party, also avoiding unnecessary legal expenses. ZOUAVES SUING K. & E, The Pekin Zouaves have entered suit against Klaw & Erlanger in an effort to force the payment of nineteen weeks' salary alleged to be due under an "Ad- vanced Vaudeville" contract. The Zouaves were booked for twenty- five weeks, and played six weeks of that time. Then the remainder of the contract was cancelled. The cancellation is under- stood to have been ordered at the direc- tion of the Zouaves' agent, Joseph Woods, although the members of the act claim that this was done without authority. Here rises an interesting question. The Zouaves declare that Woods, in considera- tion of his services, received a percentage of the total salary as his wages. They aver that he was a mere employee. On the other hand the defendants point out that Wood's share of the salary was equal to that of each member, and this made him a partner in interest, so that he was in a position to act for the whole act. The case seems to hang upon the court's determination of Woods' position with the act. The Zouaves demand $8,550 damages. BENEFIT AT MIDNIGHT. The postponed benefit of the Theatrical Mechanics' Association, to have taken place at the New York Hippodrome Sun- day, Dec. 8, but adjourned by the Supreme Court decision handed down the week previous forbidding Sunday performances, will take place in the same house on New Year's, commencing at 11:15 p. m., after the regular performance is over. About the same list of volunteers as programmed for the original show will ap- pear, and it is expected the performance will not be over much before three o'clock in the morning. HARRY MOUNTFORD ON HIS WAY. Harry Mountford, the English artist, who with his wife compose the act known M Montrose and Walsh, are on their way to New York, having sailed from England early in the week. At least this should have happened did Mr. Montrose follow out his intention as expressed in a recent letter. While over here they will apply for a showing, de- pending upon their reception when ap- pearing for future time. PICTURE MEN ORGANIZE. That the proprietors of the moving picture theatres of Greater New York do not propose to submit to the Sunday clos- ing edict of the authorities without a struggle is evidenced by their attitude this week when they held two spirited meetings for the purpose of making an organized effort to battle the discrimina- tion which they believe they are victims of in the interpretation by the police of the recently enacted S'unday ordinance. The first meeting was held last Tues- day in the Miles Brothers' Building, 259- 2C1 Sixth avenue, with Herbert L. Miles as temporary chairman. It was decided to meet again on Thurs- day morning to effect a permanent or- ganization. This meeting was held in the Murray Hill Lyceum and was generously attended, nearly a hundred members being enrolled. The following committee of seven were selected for executive work of the organi- zation: Herbert L. Miles, Joseph Driscoll, William Brinkman, Daniel M. Donegan, Nicholas Seraphine, Jacques Valensi and William Fox. The name of the organization is "The Moving Picture Association," and its ob- ject is, First: To bring about the opening of moving picture theatres on Sunday, and secondly, to work for the general good and welfare of moving picture in- terests to produce the greatest financial benefits. The members of the Association are unanimous in the belief they have been unjustly discriminated against. They do not propose to submit to the "keep closed" ukase of the authorities without a most strenuous legal battle. NEW S.-C. HOUSE OPENS. The new Sullivan-Considine theatre in Denver opened Monday night. It is called the Majestic. Gilroy, Haines and Mont- gomery are the headliners for the current week. Timothy D. Sullivan, John W. Con- sidine and Fred Lincoln, of Chicago, were among the managers who attended the opening. Three shows daily are given. The ad- mission is from 10 to 50 cents. The house is a new one, having been built by the S.-C. concern, and has a seat- ing capacity of 2,400. It comes into the circuit between Salt Lake and Omaha. The old Sullivan-Considine theatre in Denver, which was replaced owing to its small capacity, is still playing vaudeville, but will probably be turned into a picture establishment. CAMILLE D'ARVILLE IN "FUNA- BASHI." In "Funabashi," the Thos. W. Ryley piece to be presented at the Casino, Camille D'Arville will have a leading part, her signature to a contract having been se- cured by Vion & Lowe. In the same musical play either Arthur Dunn or William Rock will enact the role of the prize-fighter, a character Jack Tucker threw up after reading over the manuscript. Mr. Rock has been engaged for the Ryley show, while Dunn is negotiating. Lily Flexmore opens Jan. 13 at the New, York. P. J. Casey received* a Tiffany split- second watch from William Morris as a Christmas present.