Variety (Mar 1936)

Wednesday, March 25,1936 LEGITIMATE VARIETY 53 Int. Revenue Dept. Issues Warrant Against Shuherts for Unpaid Tax On Cutrates; It's an Old Battle •Warrant by the government's In- ternal Beyenue Dept. for taxes on tickets sold below the established prices, hastened several box office men and auditors of the Shubert organization to Washington late last ■week to protest.' Federal people con- tend that under the admissions tax law, 10% of the full* or original price of tickets, must be collected regard- less of whether sold for less or not, This kink In the regulations is ionder »-PP eal in another direction, but the government went the. limit In issuing the warrant against a theatre on similar claims. House Involved is the Shubert, N. Y., wiero it was found that tickets had been'sold for some- attractions at prices under the scale, but that the tax collected was only 10% of the actual figure. Department demanded the balance and estimated a con- siderable sum as past due. In ticket circles it has been In- sistently intimated that the proviso bf the admissions tax law which de- mands the tax to be: computed on the printed price of tickets, was framed at the suggestion of certain Broadway interests with the Intent of embarrassing or crimping Le- Wang's out-rate agency. For the past year or. two the lat-. ter has been collecting full tax, as required, but contends that patrons are actually paying a tax of . 20% on tickets sold at half price. Gov- ernment's claim against Leblang's concerns the balance it figures due on previous seasons and the agency has been contesting this on the grounds that it is a levy on revenue that was never actually paid. In the original statute, tax on passes' was Included and even on critics* tickets for opening nights. Treasury, however, ruled that out. iWhy showmen have been , unable to secure the same ruling for tickets sold under the established price is something Of a mystery. It is a common pratice for box offices to sell ducats at reduced prices but tax on the printed price is being ' collected. Claim against the Shubert the- atre, which will apply to most other houses, is for sales of four and five years ago. Data estimating what the government thinks is due was com- > piled by men on federal relief pay- rolls. McLaughlin Takes H wood House for N. Y. Revivals Hollywood, March 24. Robert W. McLaughlin, formerly \ of Cleveland, has taken a lease on the Music Box here to produce a series of New York legit plays, v Initial production will be 'Mourn- ing-.Becomes Electa,' by Eugene •.O'Neill. McLaughlin has talked with Alice Brady and Alia Nazimova in an effort to persuade them to play the same roles they acted in the eastern production for the The- atre Guild. Jessel Nixes 'Heel' . 'The. Margniflcent Heel,' which Alex Yokel proposed producing with George Jessel, is off, according to the latter, who returned from Florida last week. Jessel was to have starred in the play but de- elded the part did not suit him, It was written' by Samson Raphaelson during the time Jessel yas appearing in .'The Jazz Singer.' Actor and author were not on the best of terms at the time; Jessel is going to : Chl6ago and Los Angeles to make personal- appear? ances in picture houses • and also has several radio commitments. 'Life' Off 'larger Than Life,' slated to aeout on Broadway at the 46th o, f € ? ? hursd " a y (26) after trying out in. New England last • Week, is tvTi Crosby Gaige, who presented aifou? y ' P° at Ppned 'Life' while awaiting script revisions. t)1 av Wen ^ e l h Cen tUry-Fox backed the Ern:«,. W ™ Ch ha * a cas t ° f 40, with outlav TrU6x starrln e< Production K apnrox!i »ate 3 $25,000 for the »ree* S cene attraction. Wildberg's Coast Buy Hollywood, March 24. First play by Michael Markham, New York writer cm*retttly in Hol- lywood, a comedy mystery labelled 'Answer Me That,' has' been pur- chased by John J. Wildberg, N. Y. attorney acting for an unnamed legit producer. With a New York production in view, Wildberg is talking with Paul Kelly, Roger Pryor and Mary Rog- ers for top. spots. Genteel Tourney New Haven, March 24. An echo from last year's 'Waiting for Lefty' has cropped up in. this year's annual drama tourney, to be conducted at the Yale University theatre, April 20-23 with 12 Conn, groups as contestants. 'Lefty* landed the prize cup in 1935,. but raised such a storm of pro- test that this year's rules reject ail semblances of " ropaganda plays* and insist on a 'minimum of pro- fanity and blasphemy, in keeping with good taste/ Expect Author-Manager Fight To Reach Climax This Wk.; Prods. Think They Can Stick Together itics to Name loice At End of Week The Critics Circle, composed of New York drama reviewers, will attempt to name its selection of the best play of the season late this week. Not certain that there will be a winner, since four negative votes can elimi- nate any play in the running. inner is named, it will pre- cede the Pulitzer selection by ap- proximately one month, that play prize award, and. others, being an- nounced for early in May. Critics figure that, with the arrival of 'Idiot's Delight' on Tuesday. (24), the final candidate for prize possi- bilities'this season will have opened on Broadway. That play is listed as one of the top candidates, with 'End of Summer' and 'Call It a Day' highly rated, also. Ail three are Theatre Guild attractions. In literati circles 'Winterset* is called the likely choice of the critics. 'Summer' and''Delight* are Pulit- zer, possibilities, too, but 'Day* is out because of its English authorship. Same goes for 'Victoria Regina', leading dramatic success. 'Boy Meets Girl', comedy success is also in the running. 'First Lady' is out because the author, George S. Kaup- man, won. once before. There are 17 members of the Cir- cle. Originally it was intended to include only, reviewers of dailies but some byliners on weeklies were added. That burned up others who were not invited and The Stage, a monthly, will award prizes on its own, in retaliation. Circle resolved not to consider taking in any more members until next September. It now has a cen- tral committee to aid Brooks Atkin- son (Times) Circle's president. NO WASHINGTON STOCK First Ti in 10 Years—Road Show iz Too Good Washington, March 24. Capital will be without summer stock for the first time in 10 years this season. National Theatre Play- ers' usual 10-week stand has been cancelled due to length of the regu- lar legit season, which will run at least until June 1, perhaps longer. House is not air-conditioned and to begin stock as late, as June 15 would be dangerous. Rumors that the National Players were to be abandoned because of plans for a barn theatre operated by Steve Cochran, manager of the Players, were denied recently. Cochran claims the suburban venture is still, on the fire but has had no influence on stock being dropped. Marilyn Miller in Hosp., Asks Delay of Query In 8G Suit for Decor rilyn Miller (O'Brien) will be a patient in Harbor Hospital- for at least two months, accor irig to an affidavit filed in the N. Y. Supreme. Court on her behalf. She Is under; treatment for a severe nervous breakdown. Miss, Miller's condition became known . last Thursday (19),. when her attorney moved to postpone ex- amination before trial of Miss Mil- ler in a suit brought against her for $8,359 by Thorval Anderson, in- terior decorator. Anderson claims that he was engaged by the dancer to decorate her apartment at 46 East' 65th street last October. At the completion of the job, he pre-, sented a bill for $12^359. The dancer paid $4,000 on account, but claims that by mutual agreement the total bill was to amount to only $6,800. Anderson Is suing for the full balr ahce. In his motion for a postponement, her attorney submitted an affidavit of Dr. Laurence Whittemore, Who stated 'that it would be extremely dangerous for Miss Miller to be sub- jected to a legal examination for the present.*' Justice Lloyd Church reserved decision on the request. Bars Oked Albany, March 24. The assembly last night passed a bill permitting the sale of beer, wines and liquors in theatres before and after performances, and be- tween acts, where food is served. Measure now goes to the senate. ,'• Theatre Guild's pper resentation of the colored cast drama 'Porgy,' closed in Wash- ington, Saturday (2i). Show was out eight weeks, final stand at the capital getting about the best, gross outside of New York. Takings of around $20,000 were estimated. Show played i6 weeks on Broad- way, at the Alvin. There was a dif- ference of opinion over its chances and attendance started fading after the first month. It never regained its production outlay, as hoped for on tour, and ended up in the red. 'Hour' Ups Gross In N. Y. Against Picture Version 'The Children's Hour', Elliott, N. Y., held Its own against the play's picture version, which opened last mid-week at the Rivoll under the title 'These Three' (UA). Stage version got approximately $7,500, Which is quite profitable and a gain of $750 over the previous week. Film presentation held strictly to the agreement that no mention of the stage play be made in any form, but the reviewers made the refer- ence anyway, stating the picture to be based on the play. Similar men- tion in fan magazines indicates that the picture public Is fairly familiar with the connection between the two. . Impression -is that if the play is to be materially affected it will be when the picture reaches general release in second run houses. Lunt-Fontanne Show Plays On In Pittsburgh Despite Floods 'Dodsworth' Folds Apr. 4 'Dodsworth' will end its season next week in Cincinnati, closing there April 4. It will have com- pleted a tour Of 26 weeks on that date. Plan to bring the show bade to Broadway for a repeat engage- ment has apparently been dropped. Walter Huston, starring in the play, is slated to make his next metropolitan appearance in 'Othel- lo,' robably next season. Pittsburgh; March 24. Alfred Lunt and Lynn Fontanne, the Nixon theatre and 'Idiot's De- light' made theatrical history here last week. For two nights and one afternoon, while this city of 1,000,- 000 people hung between deadly flood fear and poisonous rumors, tr,e show went on. And would have continued to go on the remainder of the week had not Miss Fontanne come down with neuritis Friday (20), forcing cancellation of the re- maining three performances. Alone in the Golden Triangle, the Nixon stood lighted, its marquee proclaiming that 'Idiot's Delight' w'ould positively be presented. Power generated by Its oWn. dynamo was giving the theatre its light, while the city otherwise was plunged in total darkness. Although the house had been sold out in advance, the first night (18) after the flood broke there were about 7.00 unoccupied seats, with everybody except those close to the downtown district certain that 'Idiot's Delight' had closed. Matinee that day also played to about half a house. Lunt wanted to close, but was prevailed upon by the house manae-oment to continue ;i.s Iojit as was humanly possible He and Miss Fontanne agreed and another half-house was on hand Thursday night fill). Here was probably the most unusual per- formance show business has ever witnessed. The Nixon theatre was .Hist a few yards inside slop-lines established by the Pennsylvania National Guard. Getting to officials, Harry Brown, manager of the the- atre, arranged to have a ticket to the fellow pass the holder through the ropes and guards escorted lh"m back again, at the conclusion of the performance. Id some cases, where seats hadn't been previously pur- chased, troopers accompanied pros- pective patrons to the bo.x-office, to make sure they were going to the theatre and nowhere else. Tough Departure Up to a late hour Friday (20) the theatre management was assuring patrons that there would be per- formances for the remainder of the week, but Miss Fontanne's illne.3s abruptly closed the show. Leads and support hired a bus that eve- ning, reached a railhead and got to New York Saturday. Production followed the next day; Starting, at complete capacity, 'Idiot's Delight' was heading for a sensational $25,000 when the flood let loose. Even the snowstorm of Tuesday night (17), which led di- rectly to the catastrophe, found the house practically full. Losses as a result of the flood were placed at around $15,000, with the company and house sharing, it's believed. Had Miss FOntanne been able to continue, management figures It might have gotten an even break on the last four perform- ances. Nixon has 'Three Men on a TTorse' (his week. Even If the town is .still in darkness, house can. con- tinue to generate its own power for several days. Season still has three weeks to go, with 'Winterset,' 'Ghosts' and the University of Pitts- burgh Cap and Gown show, first of trio, April 6, still to come. 'Horse' Is pencilled In for two Weeks. House gets 'Gi'eat Zlegfeld* (MG) film on roadshow basis April 26. If oi der isn't soon restored, how- ever, there may be some cancella- tions, since companies must suffer a flock of discomfitures. In most casp.s holds are loaded to capacity, with no elevator or light servicer Along Broadway it is believed that this week's developments in the bat-, tie between managers and. the Dramatists Guild over the latter's new contract, will indicate whether the authors out-smarted themselves, in framing their 'take it or leave it' contract- or-, not. Pointed put that the managers are how free to make contracts with new authors on any terms,, for. the first time in 10 years. Managers say that in cutting away entirely, by cancelling the agreement! the tie between the two factions has been severed. Situation which brought about the original agreement is now reversed, they say; At that time, the producers wer fairly Well organized and some un- scrupulous managers ch-iseled authors out of their rightful share Of. picture royalties. Now' the authors are apparently well or- ganized, -with the managers not bound together so well. Managers claim they have a good chance to win this time because they' feel they are in the right perhaps for the first time. They agree that the leading authors may be entitled to a higher percentage of film coin, but "not the. newcomers, who are virtually created by producers. They say that the well knowns" among playwrights could negotiate for a higher split under the old agreement. Manager* Meet Wednesday (25 ") the managers, will meet and expect to Issue a contract of their own, which they feel is more equitable, than the Guild's. It will Incorporate some of the features of the new author's form. They report having assurances from some authors who are allegedly willing to talk terms regardless of the Guild form. Claimed by- the managers that plenty of Guild members' are hot in sympathy with the new contract, designed by the organization's of- ficers. One in the latter classifica- tion is. said to have walked out on the Guild's contract committee be- cause "he felt It was being railroaded through. Guild will hold a general meeting at the Biltmore, Friday (27), at which the points claimed -by the managers may be discussed. Announced by the managers at their meeting last Friday (20) that the refusal of Sidney.Howard, presi- dent of the Guild, to negotiate changes to the contract was con- sidered. A telegram was authorized sent to Howard and attached were the names of 89 managers. Wire read: 'The. League of New York Theatres,.Jnc, having the. power of attorney of the undersigned pro- ducing managers to negotiate with you, regrets that you refuse to nego- tiate with it. It now asks you to join in an arbitration of the disputed points. As time Is important, the League woxild appreciate your re- sponse by Tuesday. March 24. Many Names Long list of names was appended. Managers claimed none of them has signed under the new contract and only a few unimportant showmen had accepted It. Members in the Theatre League will be asked to sign an agreement not to use the new Guild contract. Stated that signers could be enjoined from breaching such an agreement, legal advice being that the courts would uphold it under precedental rul- ings that a trade organisation c*n control its members. An answer to the managers' tele- gram was expected before the ses- sion In the League's offices today. Further refusal is expected, since Guilders have been informed that there is no intention to carry on any negotiation with the managers, though Howard told the managers that the Guild council would be glad to consider any definite suggestions made In writing. Party, Party Baltimore. March 24. Ram H. Grlsman, co-producer of 'Tobacco Road,' came on from N. V. last week and threw a party for members of his road company (Henry Hull) in honor of the first anniversary of troupe's tour. Big- gest theatrical blowout in yeara around Balto. Present were the cast, stagehands* a few newspapermen, and business fronts of the company. Kvevybi.«y marie speeches, even, the deckhand*.