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tuewJfty, Augiist .2, 193i8' rAsiETr ;4s New Amsterdam OiKter Pr Teclmkal Move for JumUed Estate . New Amsterdam, New York, ace property of the A. L. .Erlariger eia- tftte, was tossed into court last ireek under ouster proceedings, with claimed back rent. amountlngr to f214A6B' VfeiB technical, one angle having to do with the action of Charlotte Fixel in her fight for a dower right to the Erlanger es- tate under, claim of having-been Er- langer's jcoimmbn law wife. . . The theatre has been ope'rallng tinder a three-way lease, the prin- cipals being Erlanger (now his "es- tate), Charles DiUingham-and Plor-. enz Ziegfeld (now his. estate). Saul i. Baron ifl named in place of Er- liahger, becuse he is temporary ad- ministrator of the estate and is also reported' having aii interest in the New Amsterdam. It is said that Baron has been aettlng the.rent money aside be- cause th^e estate's activities have beefi limited by the Fixel action, The money is understood to be held In escrow. $3^,000 in Escrow? Although. Baron, In. an internie-; diate : accounting made several months'ago. Indicated the Erlanger estate, had liabilities that equaled, the assets, report is that 93,000,000 is also, reld in escrow. No mention of this, money, if it Is existent, has been nnade by anyone concerned trlth the estate. . The New Amsterdam was orig- inally,, owned by Klaw & Erlanger, Kixori & Zimmerman, Henry Daz- lan and Al Hayman. All are deceased, exceipt Dazian, who is 92. Some '' years ago - Erlanger bought the Klaw and Nixon inteir- $sts. Previously it looked like the. other partners would ,gaih posses- sion of the house, for which reason the late manager built Erlanger's on west 44th street and provided for offlces over the theatre. Freddy SSimmerman -had a deal on to lease the New -Amsterdam to William Fox for 1250,000 yearly, as against 1130,000 !whlch has been charged as rent for legit purposes. But Er- langer. gained undisputed control. Erlanger's theatre recently was laken over by Vincent Astor. who owns the ground, rent on which was unpaid. House represents a loss •ktt oyer $1,000,000^ of which about three fourths is presented In bonds, IWhich the holders will probably Beek recovery from the Erlanger <festate. : Latter requested that the name of the theatre be changed and the letters have been removed from the signs. New name will prooably .be adapted from a- London theatre. The house is to be. operated by IjOdewick Vroom, who ~ has taken It over under lease.. With the heavy fixed charges automatically elimin- Ated by the foreclosure, the theatre may now be operated easily to a profit. Dixons to Cedar Rapids Dubuque, la., Aug. 1. ' Don .and Mazle Dixon's stock company closed a two months' run at Spehsley and went to Majesllc, Cedar Rapids, for an Indefl stay. NON-SMARTING TEARPROOF ^ayhelline Here's what you've beeni Wanting — for off s>age and on. A. real eyelash darkener; one tKat goes on nghtlhe first-time and that .won't run, smear or sniart. with tears or per- spiration. Poslllvaly non-tmartlngl The unost fopular mascara with the profession. Perfectly armless. Try the NEW Maybelline. Black or Brown, 7Sc: at any toilet goods counter. .EYELASH BEAUTIFIER VERONICA CHARLES BLYTHE & SaHNEIDER ■ INC. , ■ THEATRICAL COSTUMES 161 West 46th St, New York Bryant 9-3913 YVAKTED—-Fomalo Stenbffrophcr, it to 30 ij-euirn, write own composition, familiar wiili teehniqiio of dntma, for polliklioratlon. - 'Ad<lre8H Box 30, Vnriety; New York. Fohirt Phyi 'Keep Off the Grass' new title of a musical with a hook satirizing hiidlst cults, written by Bob.Grannis and Jack Heagney. Former .y^a dramatic editor of the late 'Graphic' Score is by Tom.Gonnell and Wil- liam Heagney. Alva Productions to Present.' . ; fStreet.Fiddler' will be shown next week at Tarrytbwn by Arthur Beck- hard. 'Beet Years,' Ijy Haymond Van Sickle, wiil be produced by Eliza- beth Miele, by arrangement with J. J. Shubert. Play had a tryout at Sharon recently. , , ' 'Redwoods," by John Dudley, is to be brought in during September by Grcorge H. Brennan after a road try- out... 'Harbor Lights,' by Owen Davis, will be done in the fall by Frank Gbnroy, Play is getting second try- out at Showhegan, after a first last spring at the. University of Iowa. 'Crimson Cat' will be the flrst Shubert' offering of the season, opening in Atlantic Qlty, Aug. 22. 'Just i) Nice Girl,' by Raymond Crosset, taken by Albert Bannister for fall production. 'To Be Continued,' comedy by Charles GSeorge. For Immediate production by Sam Lowett. 'Eastside,' by De.nnls donnolly. To be produced and staged by Roy Bartlett. Title may be changed to 'The Cycle!' 'East R iv^r,' by Katherine Fories- Leithr- For production by Slgourney Thayer. (Nil OF TOWN REVIEWS FOOTLITES Los Angeles, July 24, . Musical comedy irt-t\vo acta and nine Bcenes by Gerhold 0. Davis. Adapted from; the Clarence BudinKtoh Holland 'SaturOay Evenlner . Post' serial. Music by Harry Aksf, Haymond Bgan, Richard Whltlntr, •Dave .Srioll, Will Jason, Ralph Freed and Art Wilson. Staged by Augustln Glassmlre. Dances by Arthur Appoll. Settings by .W. H. McConnell. At the Mayan,;Los Angeles, July 20. $2.50 top. . Cast: Harry Stafford, Reginald SheffleM,' Billy Taft, Dorothy Lee, Arthur LoveJoy, Ruth. Hatttaon, John Webb Douglas, Don Douglas,' .Claudia Dell, Anthony Merlo, PletTO. Qentill, John Cameron, Ban ' Sharp, JacH Heinz, Gene Qehumlg, Michael Jbr- gen, Harry Stafford. Gerhold O. Davis' adantatlon of Kelland's story, from beginning to end, Is stamped with the amateur trademark. . Production strictly a high school type of presentation, despite a capable .cast. Dorothy tice, Billy Taft, Claudia Dell and Reginald Sheffield struggle for two and a half hours with inane lines. Interrupted occasionally by a chorus which dances in iapproved picture house fashion, and the trite songs of principalis. A tlp-ofC on the pop- ularity chances of a musical number Is whistling by the patrons when the show is over. Departing from the Mayan, femme patron ovctrheard whistling 'Kiss Me Again.' Davis' story is the familiar activ- ities of a flouncy young college pro- fessor who comes to New'York to see life, and winds up producing a show. Second act of 'FootUtes' has to do with the production by the prof. Naturally It's a hit, and he marries the girl who keeps the acr tors' boarding hou^e. She has been Instrumental In . keeping. him. from going haywire with: his leading lady, whom Davis made a bad lot. Miss Liee, Miss Dell Taft and Sheflleld, all capable players, etriig- glci hard to get some semblance of continuity out of the script, but wind up behind the eight ball. Others in the cast move around in a bewildered fashion. .-It's pretty sad all the way through, and can (Continued on page 64) hsnie Stuff-L^ With one load of scenery lying on stage, unhung because of no money in sight for the stage hands, and with the transfer company refusing to unload two additional trucks, producer of a Coast oiuslcal stoodi help- less on the afternoon of*opening night through his Inability to raise the necessary coin. Break-in at a suburban town had hot produced enough revenue ta. take care of; immediate demands with the i-esult the pro- ducer, who has had little previous financial experience with productions, had to calf on his treasurer to scurry around for . dough. ' Boxofflce man vfsited several brokers before he could raise the money demanded by the transfer company and the-stage crafts. Meantime, the producer, scenting a slim premiere, laid biit copy for a page ad in three t>apers, hot knowing that It would cost him over $3,0.00. btiring the break-in members of the cast called on the b.o. foi; salary advances. When the treasurer, the only one to realize the ticklish flnanclal situation, refused to make these advances, the producer wanted to know why. Show was finally launched grossing, about $2,000 on the flrst week against a carefully pared nut of around $8,000. $3 Top, Maybe $2 J for Dramatic, IncL Tax Next Season; Only 7 Left FRISCO LEGITS 100^ DARK; 2 SHOWS DUE San Francisco, Aug. 1. After first week of complete legit darkness since there was a theatre in San Francisco, town Is begin- ning, to stir again with one open- ing tonight and another Rext week. 'Cat, and the- Fiddle' comes into the Gurrian tonight with, no com- petition; 'Cynara' is due into the Geary Aug. 8. Other than Gaildwin McGaw's projected co-op stock company for the President, there's , little else moving. Erlanger's Columbia may remain dark for balance of the year, since there is nothing on the calr endar for this season.. ■ Henry Duffy's Alcazar stays dark, any chance of its reopening glim- mering when "Hullabaloo' brodied in Hollywood. 'CYNARA' «, 'VIENNA'19.000 ONtOA^ Although no announcements or statements a,re being made. It is be- coming more evident that Lee Shubert is tied with William A. Brady for the coming season. In the cast of 'Domino,' Brady's opening play, will be Robert Lbrralhe, a Shubert bontractee, on, loan for six weeks. Also Brady will probably use Margaret Sullavan, another Shubertlte, for the title role of'Cissy.' • Marcel Achard, author of "Domino," has brouc:ht over scripts of -two other plays, 'Marlborough' and 'Mistrigrl,' which will be produced later In the season by Shubert and Brady, Brady has also come into pos- session of several previous Shubert properties from abroad. Looks like a race between two Incoming musicals. Larry Schwab and Buddy DeSylva are preparing one to be titled 'Humpty Dumpty.' Lew Brown and Ray Henderson are readying another, 'Forward March.' DeSylva used to be a partner of Brown and Henderson. Indications are that both shows will open within a week of each other. 'Humpty Dumpty' is scheduled to start in Pittsburgh Sept. 12. The Brown-Henderson show goes into rehearsal about Aug. 1, Seymour Felix staging. Probably a matter of how they shape up out of town as to which hits New Tork first. Major film companies are covering all stock companies in search of play niaterlal that might suit for filming. Story department representa- tives have been watphlng everything done by the stock groups all over the east, covering everything regardless of whether previously recom- mended or not. So far only a couple of plays look possible for filming, say story de- partment executives. Broadway legit field has afforded nothing this summer. George Cohan, 2d, a first cousin to George M., was a box ofl9ce treas- urer well known among this Broadway set. But with the number of shows falling off the No. 2 George took to selling metal polish on a house to house canvas. Twist is that the foriiher treasurer is doing so well as a salesman that he may give up counting lip a rack. He's been at it ripw ifor two or three months. Understood the estate of the late Dan C. Curry, general manager for Ziegfeld, will file.claim against the estate'of the late producer for $47,000; Curry and his wife were bequeathed a tidy sunj about two years ago. All of It was reported loaned to Ziegfeld., . From .time to time, when the payroll for various Ziegfeld shows was inadequate. Curry made up the deficit from htg pocket, Mrs. Curry worked In the Ziegfeld ofllce in a secretarial capacity. Salaries paid by Coast producers have reached the lowest scale in legit history out there." Production of a New York musical success has salaries down to rock bottom. Producers are paying $100 each for the male and femme leads, $75 to tlie ingenue, $50 to the juve. All are Coast vaude and presentation .people,, and have little legit production experience. Subordinate players are drawing from $35 to $50. Los Angeles, Aug. 1. Five openings and one closing marked the local legit last week. 'Footlites,' musical, closed at the Mayan Thursday. (28) ..after one week of pathetic business. Closing came after Gerhold Davis, producer, failed to pay off. /Reunion in Vienna' at the Be- lasco, 'Cynatra,' - road show, at the Blltmore, and 'In the Best uf Fam- ilies' at the Ifollywood Playhouse were the starters. AH base their hopes of good business . on the Olympic visitors. Indications ac- cording to picture h'oiise business is that some one will carry the sack. 'Reunion' got a fair first week at $9,000, though Belascb and Curran figured Ina Claire'would draw con- siderably more on the opener. Philip Meriyale in' 'Cynara,' despite news- paper raves, failed to Impress at the b.o,, with less than $7,000 com- ing In on the week. .'In the Best of Families,' produced by George Fair- child, forther Albany' stock man, opened to a weak advance, getting around $1,100 for the flrst four-per-" forinances. Estimates for Last .Week 'Cynara.V Blltmore (1st week) (CD-1,656; $2.76). Hardly worth the trouble of the Journey here at $6,800 for opening^ week. Mn the Best oiF Families,' Holly- wood Playhouse (1st week) (C- 1,105; $1.66). ' Not "very encourag- Inig at $1,100 for the flrst four per- formances. 'Reunion In Vienna/ Belasco (1st week) (C-1,103; $2.76). Fah'opener at $9,000 but wll have to hold that to show profit due to high royalty and heavy wages for the two leads. Engagemeiifs Oscar Shaw, 'Of Thee 1 Sing' (road). Beth Merrill, James Rennle, un- titled play by Martha Morton under Alex McKaig, Robert Emmett Keane, Claire Whitney, Percy Helton, June Clay- worth,; Carletoh Toung, Doris Eaton, Thos. Coffin Cook, Aline McDermott, 'Page Pygmalion-' - ; ; - Adrlanne Allen, 'Bad Manners.' Tork and King, 'Keep Off the Grass.' ■ MItzl Mayfair, J. C. Nugent, 'Humpty Dumpty.' _ Oswald Yorke, ' Harlan Brlggs, Russel Hicks, Jos. Stryker, Patricia Calvert, Hans Haiisen, OScar Polk, Millard Mitchell, 'Nona.' Henry Travcrs, 'Good Earth,' Glens Falls 3-a-Week Glens Falls, N, T., Aug. 1. L. J- Carkey has taken over the management of the Empire theatre, under the direction of P. I. Dana, lessee, according to an announce- ment. Under .Carkey, dramatic produc- tions by a resident stock company directed by James G. Coots will be presented during the remainder of the summer on a schedule of three nights weekly, with matinee on Saturdays- Last week a sudden closinir dropped thd number of shows oh' . Broadway to six. 'There are seven attractions this week but two or three are likely to stop ainy Satur- ' day and ' the. incoming list is meagre. Indications are that' 'admission scales for the new season will be topped at $3.30. That goes for most of the . musicals in preparation, thete being one exception for which a $4.40 top will, be tried. General Idea of the musical producers is to secure houses with generous lower floor capacities. • The $3 ticket as applied to non- musicals may undergo some varia- tions. . Some managers are flgurlntr that at that price the .10% admis- sion tax would be included. If that plan Is carried out the actual top price would be $2.73 plus 27 cents tax. One showman proposes to es- tabUsh a $2.50 top, absorbing the federal tax In the same manner. Prices at the box office are some- what indeflhlte at this time because there are Items of operating expense which are expected to be reduced. Showmen say that is only way ad- missions can-be revised. Curtail- ment .in cast costs is a factor, mean- ing a downward trend in actors' sal- aries. Reduced wage scales for'l>ack stage and pit labor made up the other important factor. A meeting between managerial interests and the unions is scheduled this week and may result In , wages coming ' down' and i^llegedly stringent union requirements' being modified. ' Business looked upward soniewhat last; week, 'Show Boat' going to about $28,000, ,The revival Is now expected to stick until October. 'Of Thee I Sing* held to $22,000. 'An- other Ldngusige' picked up to nearly $10,000. The others are all more or less doubtful, running week to week,' Estimater for Last W««k (Top admission prices 'inclusive of 10% Federal tax.) • 'Another Language,' Booth (16th week) (C-708;|3.30). Up about $1,000 last week; at approximately'$10,00'0 neat profit earned; looks good ■*ell into new season. ^Bridal Wise,' Cort ;(10th.: week)' ^ (G-l,043-$3,30). Players sharing;! house gettine little more ithan .op- erating expenses; $3,600 provides slender margin. 'Cat . and Fiddle,' Cohaq (43rd week) (M-l,400-$».30). Running week, to week; house, guaranteeing show against' operating. JosI and principals sharing; ,about $10,000 last week. 'Of Thee I Sing,' Music Box (32nd week) (M-1,000; $5,5(»). Prize win- ner continues, to- pile up Weekly profits with the-^uly avetageiaround $22,000. 'Page Pygmalion,' BlJou (lat week) .)q-606-$3.3O). Presented In- dependently (Alan Morrill); writ- ten by Carl .Henkle; opens tomor- row (3). V The Chameleon,' Masque. • With- drawn after playing 'one ^weelf. .. Other Attraetrona . | fShow Boat,' Casino.' Revival now aimed for another two months: ud last week to $28,000. ^ That's Gratitude,' Waldorf. Re- vival; small money.' 'The Devil's Liitis Gam*/ Prov-, Incetown. Opened MondaV ft). HAVE M IHCOME YOli CAN DEPEND DPOH Why llv^ In dread of an empty pocketbook when your working days are over? You can replace fear of■ a penniless old age with the Joyful assurance of a Gitaranteed Rethrement Income to be paid to you as'long as you live—even though you live to be over a hundred. For. further details write JOHN J. KEMP Insurance SSI Fifth Ave., Y.X. Phones: Murray Hill 2-7iB38-7839