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VARIETY Two members of the Burlesque Artists Association' haVe, ftled suit - against ."totn ' Phillips, prez,, asking 4issolution of group, and aCicountihg of its funds. ■:; '\- Action, brought in N; Y. ,supreme' court by .Sfiurray Briscoii! v.p. of BAA, ^d Sam Kajrhor, climaxes a w^ek of strikes, battles bet^v^ >us iihipns interested and the idosihg of ttvo mbre so-called revue theatres. First liegal : 3tep iti 'the fbotballed. burley situation will be topped off .wth further: intisr«nion actioii F^^ day (S) whien tbe American Fiedera- tidii .iif Aisto^s files its counter com-*; plstints With ; the Associated Actors ahd Artisteis of America ags»inst the BAA and Chorus Ecruity. In the first instance, AFA also seeks disso- lution of BAa ahd ii*storatipK of the lattei'is charter to, thie. AFA,. oh grounds of .sirflt jarisdieti AFA >iso:''''wantsi;..;.' saiy-- -^ver V^li "choru? ■ iworkers.^. y--- ' ':■ AFA claims that dirty ^york the iwirt of operators >of ,the^ Apollo forced the. itrike that was ; called the*e late Saturday (27 ); ni^t, V speeding''\intended . cl6§iiie. v '; ' Stirik« Vwihed fi prppor- tionis whieh the cis* was fodced in the thea^e ftir tWd hours; Chorus was Willing to Work, but: AiFA refused io^ let its meinbers per^ohn; P<rii(ce were cailitd, liouse was reopened, patrons Were ref Undrt iheir;money . when no c(HTiplete show ebiiid l« >rraniedi, JJIfass^ Soldns 4© Claurif y Old ^ni^haihibe^ ,. .Boston, Nov; 30. . A 1692 Wue law. whwh hushes aU , entertainment here on Sunday and calls for a inidriighi ban during the week, will i>e brought before the forthcomin^g legislature ; session for clarification. The law was .iuiearfched RADIO Pending clarifieatioDi of the. Puri^ tan law, local authorities wi4 Crant licenses for music on Sundays 'if the entertainment to be provided com- piiissi with the law;' Juror Deadlock In ; ;.• : Cievelaiid, ■; Nov; 30, ' ;MUrder trial of Johti Kosinski, formed- . bandniatster .here, was stymied ;list Wednesday (24) when a dea<^lpcked jury was discharged. Eight Women and four male 'j urors argued eight hours but couldn't de-i cide whether or jibl was guiltjr of killing Anthony Bubto, bank Jesse- L. Lasky told the Fara- jjjpuot cohventloheera tbiat the coirt? pany intendeij to spehd $10,000 on pictUres.iri'the next six mor»ths, AnnoMnced that Hays office would <»pe& a Coast branch to censor >ix at thpir source. .Took some 13 years to' iriake ,it:;stick.:.-.;.':^ ::■ :■] V ■ ■• Colonial' offered a novelty in' the shape Oif a mechanical piano aeoom- paniedr by a motion' picture, .of' the \ player. Perfect syhdiroBijtatiosn g?ive' an untanny effect in those pre-talker days,; ■ • ~ ■■; • Clara M6rtpn (?ame back into thje Four Mortons act, replacing Martha. At the Colonial, N. Y.. f>Ml tillable to Line ^ Shows for ieuin VELOZ-YOLANDA WIN Lisa CASE • • Idarcus Loew was';', fighting Mary PickCord's latest, Tess of the Storm Country,' with a 12 year; old film by the same star: .Could not come to terms on the new release. Proved to be real; comedy. Shubierts dropped units for straiiiht vaude aj the; Carrick; Chi. Hora Bayes and . the,: HaanefcM'ds topped; the ppeiiing bill. ■\ DoOley and'Sales wetve sharing the Frisco Ori?heum. tops With Thomp- s6n, Wiib.^?(mred--vatf)^s;.:'bj.' pressii^ -upon the right nerves.. Glib talk put his tiirn o^er. ^ Fxiak and. Volanda Veloz, profes- sionally the dance.tearh of Veioz and Yolahda, yMteiviay (Tuesday.) wou a dtsniiifisal of the $100,000 libel fiuit brought by Kathryil KuJin, stylist, lased ofi sua article published in 1935 ; A tiie Chicago Tribiine., Appellate division oif N. V.. aupreoit ^urt re- versed a. ruling by Justice.ISalvato^e Cotillp. who refused to; dismiss the £Utt last May on insufficient grounds. liiss Kuhn «otnplaii)ed tiiat ber. rep had been damaged 'maliciously' in the newspaper article which cred- ted Yolanda With designing her own' gowns, ./piaihtiff daimed tfcs^t for over seven 'years she has: traveled with the dance teaxa for the sole purpose of. origipating cpstuines for Vliss Velpz for appearances on the stage and in-'oiption. pictures, . In revefsihg the. Ip.wer court the appellate term granted Miss Kuhn. 2fli days to file amehdedi: com- . Ehtertoiriment. Managers i Associar tion and other dub bodkers see a threat tp, their social and club .book- ings with the iovasibh of radio sta- tiddV artists: bureaus into the field. Appr^hensioh is greatest regarding use of uame acts and radio plugging of i5.uch service, Many stations list non radio 'imall' acts in ; their respective personnel jie^tvy)s but EMA .seiK^ jiO/big edge here since it~ifi: cbnyiaced ~that radio stations do not know inker opera- tions and technique for. arranging regular cltib shows. : ■ -''v feetient loiEis of a two-year-old ac- , cpunt with Sobol Bros., gas stations, by Will (ireen, indie bpok.er, illus- trates th^ .beef. Green offered a ; show foe $l/)00 cpmprised >f .jrviiig Aaronson's band and ^ a . ' vocalist. Herihy Youngman, Terry Parker, . Harry Rose (not m.c), Jerry or . Belle Baker ^Xdepepding on dough expended )^' Dorothy Casey. Stoiie arid Victor, Lewis and Ames, Vera Stewart and the Crackajacks. Op- position offered by Station WHN was Eddie Lambertj Diamond Bros., Gali- fpniia Hevels, Peggy Hanlon,: Baby Rout Msirie and Aaronson's 'band, for $700. ■ V;v:^;-'x;/-' Kosinski. is charged, with the slay- ing, which occurred while he al- legedly was fleeihg frprn a $150 meat market hold-iitp on Jan. .12, Three Witnesses, including his sis- t«r;: •'■Mary;: Hartman, of :Miaini, Fla., said . thfsy couldn't; remember d'^- iaili^ given Kosinski's cousin. Joseph Guss, Newark, K. Y., tiio sjate's chi^l .witesW • He said ite had heard bandmaster confessing to sister that be Wtis dioottng :matefa: Walter Frederack. victim, of roUtery. stated he could not iden-, tify Kosinski as the gumnah. "i-''^^^-' ■ Kosinski dehied eharfies, saying; be Went to N. .Y. tp forin >■ band two months b^<»r;e the fatai holdup. Two. Broadway . musicians . brotMfbt here, baclced bis. alibi.'■.. _ .. . A bceosed aviator, besid<BB being an accordion, banjo .and guitar player, Kosinski got title, of ^flying maestro* by toting his outfit around in plane. He .Used the nam<^ of Fred Guss with the band. Defense atiprneys; pictured him as man with 'music and .not murder in his heart,.'- Keith ' offi« Was deducting- ;8%- from salaries of all aliens by 'ordw of 'Income Tax' bureau. : Joe LeBlaiig offered to stand all the expense of trying out a eentral ticket office for all theatreaj^ Pat-j terned after .the railroad eobsckudated offices. ; . Robert Warwick dropped oiat of,a Brady play .When it toojc to. the road. Claimed: he could not live on a mere $750 on the road. Trianba dance hall, Chi, , startled with the aonouncemeht. it Would pay a. week for Ray Bargy's prch. Burlesque Tracey $2,800 Conunish -Chicago, Nov. 30. Windup in sight for long drawn ou.t suit pf Ffaiik Tracey. versus Ben Yost and the Shiiberts'. Select Op- erating' Co. for. $2,800 Cp^^ ' aiile-.cdly ■ due Tracey for setting Ysst's Varsity Eight \' Chi 'Zieg- feld Follies' engagement. j;udgment trf !?3.,O00 was awarded Tracey^aigainst S^'act' Operating last/ week. : •; ' • ■ . Tracey, ■ foriherry : exdU§ive^ man^^^ •a■eel^ foiv :Yo6t. and^.at. present . with Faic-Midwest-theStreS. as m the.Kansas City Tower,: wais'repre- scMitcd by Henry- A. Kalcheim, who preyi*>usiy: had; obtaiirted judgment .^ja.i;nst Yost,; and also served"; gar- isliee'writS; on' mitnagfei", and: WilUam: QLiirttmeyer, .. Yost manager, in'pr,aer ;tp- get: pVes- eut .judgmeht. -;; v; -\v . Ben Bemie passed up a tbird'wedt at the N; Y. Palace. Said it Was too tough to frame a new routine eac^ week.. Clayed the Alhnjabra. doeis one on the: radio weeklyi ■ Sbuberts planning to sell stock in its unit shows, to the public. Balto Ted RbiJ.tsdhv gejieral manager for; lEzy Raptiaporti; Baltimore ;independ^ etvtv is in, N6W York makihg prepa- rations for a local 'Baltunore FpliieS.' Show will play, tile,. Hippodrome there and will, be the first of Its kiqd for that house, .Loew's in former years having put • local talent ■ Units. • ? ..': Opens Disc. 17 tierup with: the KeWs-post. ■•- SHUBERT, PHILLY ' . Philadelphia, Noy. 25. Max Wilner opened Shuhert's sea- son here coupla months ago with, getierous quantittes pf sapolior:. ap- plied to" both femme numbers and coniedy. Scrubbing is still notieeable in peelers ahdi .dioWgals,' but. the house recently jieems to have throWn the brush away before it got to' the comicis. > • ' ^ -' ' - Although there was no .mention here .©f, a barley [' purge similar to New York's, Wilner . probably "Was afraid that idea might spread. But since apparently the; muny dads are paying no attention to burley,-' things are--sUpping-^b&Ck.---T- - — ^ :-.■ Comic line-up last week, included- Rags Ragland, Sam Rayrior, Murray Briscoe; Joe^ Black and Bert Grant. All start ,pfF bright; and clean skits, but progress more into double-talk as show goes on; It all. gets plenty of chuckles, but so does the pure-white gagging here:; ' \ ; Ultra-bluetalk; goes In other Pliilly,.burley palaces, but.the Shu- bert,; within 50 yards of AcadieiTiy of Music; makes' a play for femme trade." Present; stuff; isri't: going; to briiig it -ih.- On the other hand'the;cieart skits; have niueh'; .prigifjal; material; are well thought but and ' neatly; prb- . duced; Ray nor . and .Briscoe's ;;jaiil. 'scene is :.ah; example of clean num- bers that drew: laughs. Comics are all capable;vets. :■ Hphorable mention, goes ta'Biert.Grant who'drew a salvo purely on . dramatic ■ ability ;' hijs Niagara Falls bit.: ■ • . ;;:■'/ ;■ ; Aun J3prio heads up the other etid of biule'y combo. She seem.s : really Id :be, Phitly's'sweetheart,.,with .four. W(iek^-: already ;'=to"'hfe this scai'ori'- and- the end .hot yet iii sight. ■Wairi good -for -. itior^ ;? -than: three months; la.st yebr.; Her routine is pretty m uch standard, although rnore.;refined this tiJrh. . She?S"; still the niaster at getting laffs. out of ;her a lit ids with fi'oht-row baldiCs.. Is Hided in second aippearance with nice prodiR^lwi work - Keith office put limit of 'two weeks: pn .acts at the. Palace. - Felt Ipnger; runs wet^ 'hiiirting out bf town : houses. Sometimes hurt the Ni" Y. biz, too. ;■■■; •• ;. Hagenbeck-Wallace circus playing indpprs; under auspices. Doing so well it was planned to work for aiis pices for sumwier' dates, as well. Did $48,000 in Milwaukee, which was 28 grand bver the nut. N. Y. musical . union ; declared 'Hamlet', to be a musical; comedy and musicians got $57. instead, of $45 Number of musical nurnbei-s respon sible for the classification. : ' V 'MiniDeap.oUs, Nov. 30. ;. ■ The i shortage : ol stage attractions ■ is the inost acuiiie ever, experienced here by, the Minnesota Amus Co. (Publix), accocding to John J. Friedl, its g^nieral maoager. Friedl is ahx- iPU^to book unit shows; | bands pr; names into the local prpbeuoi, sayi lie Can't get anj. As a result, while the: fall aind winter season is cbm- ; paratively ./owig, .. the loop ; film j^Mtsds. -; havieii't a jihgle flesh-aad- : blbod «fferAag in jpro^eet.; So fai- f riedl'«v«n basn't been able to line up anything for NeW Year's week. Unleiss' his efforts are nnbre availing, loop screen Houses inay be witbpiit.a single; stage attraction New Year's wiaek for the first time ." Ipcal theatrical histoiry. ' // .;;->■ . Alan Coreiiij execiiUve - secretary of the Tbeaire Authority of N. Y., >enefit clearing house/ . leaves' for. Chicagp Dec!!» for the fij^t invasion of tbat sector in the national drive to cprrail the benefit chiz. It will be the iniiial; move put of N. Y. CoreUi. .will; atteinpt to sink. his teeth in the fprtfaconung Mayor Kelly benefit, annual aflEair, pre- viously check-free. la knocking off a benefit of that size T, A. sees an ideal; wedge into the Chicago a^^ Although-still" waiting- actipn'-on; part; of several talent unions, such as the Americah ' Federation. of Musi-, cians, Ameripan Faderatibrt of Ra^io Artists, etc., Corelli has been given (the green lighit to use thei r weight aiiong with that (rf Eq;uiiy, the Amer- ican Federation of Actors, (Btc.y whidt are already part of the T.A.; to aid ;him: -;'v' :"•; '■;: ■ -' ^" Action, wail come as a setback to the beneiQt committeP, ivhich has op- ^erated uninterrupted .up until..pres- ent time. Affair ■ is Redded for Dec: 15, by Whipii time with ■ aid of AFA, Actors Equity, .et.ali, it is hoped that; ,the T.Ai Will Share in the take for .the benefi.t of affdliated charities. • TED IIWIS ISODWtT OF WASING B.O. IN PtTT : Pittsburgh, |fov. 30, Recpr-d-breaking gross predicted ... fpi-- Ted LeWis and • Xiye, ■ Love and liCariik at Stanley ■' last week Was a little over-enthusiastic, and Fred Waring's. mark; pf $i9,800, run up just the session before,' stiU s,tarids; as ■ hpuse's hi^ for-band shpws. L^Wls, , .getting Thanksgiving holiday -at. top v v prices, -was' originally figured to hit • around jp2,0e(J, ; but wound up $600, short of the Waring figure* . ' Althougfa iK^.iday produced - stag-; ; gering; ^pss ■ of $7^700, Lewis ieil;. \ way behind; Waring first two days of ;' week, and couldn't catch up even With sock -closing take. Single-day record here still held iip Eddy Duchin, wbP did $8^100 last Labour Day. Be- fpre Waring got near the 30-^and ' martc Stanley lugh • was held'by Hor- ace Heidt witij around $27,500. : : ■ Stanley takes recently have bteeri on an \ayerage' bifiBer than at any time in hoiise'S: H-yjeai;. history, with management making every effort to keep the name <Mpchs .coming, since units have consistently proVed mearti- _ Ingless heri.~riesh 'pr.osperity at WB' deluxer dates back to launching of LoewrWB pooling agreement where- by Loew's Penn . was to Aroj^ pres- entations., for. choice of screen prod- uct. - ■:-■ -.;..-•,■-■ : .'■•'• Cocktui Ibuts Get get-away. after the doffing by:being pulled ' into " the .proscenium';; on a silvery crescent mpoh.: : 'NazaTro Hallo provides only, other peel, and like. Corio's it's minus Industry Drop Closes Eastern Ohio Burleyis Canton, Nov. 30. Wi'th the' closing of .;the Grand Opera-Hoiise. here,-;whel-e stock bui*- lesque held the; boards :for the past two months, eastern Ohio, once a fertile field for this type of stage' entertainment, without burlesque .for .the first ::ti.me-in seyeral years.;; ; > Recession in steel .arid/.rubber, mar jor iriidustries in' this area, which has resulted; in increased unemployment, is blamed; fPr the .closing of several burly hbuses. • . ; - ;:;■ '. ■': . HiUl,tLAR][,mM ATIiI,PAR,I)EfcSm :;;;Geprge . Hall, /orchestra,; . Buddy Clark and the Herman Hyde Co. go intb; the Paramount (N. Y.) Dec.: 8 for one we^k, eoupled with Par's Thrill of a Lifetime.' It will ' be Hall's .second 'trip into the Par pit since the inauguration. of the band •policy.; Dolly Dawn, vocalist with Hall at the Taft hotel, n; Y., also set.. Hyde Co, was brought back from Europe .fay Clifford. Fischer for the recently shuttered French Casino. CouldD't Take It, Eh? Ann Rdebardson p£;CRA sold tbi'ee. eocktail unit^ for two-month en- gagements each, for a total • of 4>5,800. Crews set are the Gentlemen bf Rhythm for St. Charles hotel. New Orleans, Dec. 10 to be followed by Four Aristocrats bh Feb. 1: and Three. Vagkbpnds at £1 Baneho hotel, GaU lup., N; M., Dec. 3. From Nitery tb: Met 0|P Georges Bailanchine, of the . cently chartered' Ballanohihe Ballet, has signed Cesar 'Tapia,; Spanish ter.per at the HavanarMadrid, N. Y./ for seven appearances at the Metro- politan opera house. V : ; - ' ;. Opener will be :/ a ballet In 'barmen- Hov. m. Dancer . will double into the nitery while at the Met. . ..;■ . ' ■: /■ bump and grind, though' satisfying. Rest, oif femme side tglteh cafe of by 12: showgirls: and :eight: ponies. All nicely costiirned and fair emiff look-; ei".s,, Routines siiixple, but okay. ' :': hi defense to what corisors might do;- ,sht)w.gal!r remain "^<>:tiir -when cx-r hibiting - bare; bosorn..; All riice,; pro- dubtioni htimbers b.y- Allen; ;GiIbert. There's a minimum; of . biimp, and grind here. Finishing-off • "the show are Jack Mprrjson, who, does nifty, imitations, and C a r r i e ;Finnell, moimtainlike control artist,; Who gets good laughs. : , ■-■^;v- S he .j f nakes I ' B!.^ aC house-teed-off-ftttr^t^ris-sca'-^ son aiid then picked up considerably >yith the appearance; of Cofio. Like every other s amusement enterprise bere, it's . now feeling ' effects . ;6f general biz .decline. . ■ Herb. • '•.'-' AtjaWta, i^oy. 30. . , CaWrage and bursting ^bbmbs proved a little.toio much for Mr. and 'Mrs. Leo.-'.Skirvcslcy,-' of ;-Shanghai, iEhina;;: :;; : .tJVey'i'e .vdptn :esr conped here at home of girl'.s parents :fdr 'durati6jv Pf:;Sinp-Jap. difriciiities. Mrs. Skirvslcy, nee Lulah Thompson. Atlanta-dancer,- .ioincd viiJ' wiih-A. B.- Marc'us show, hoi-e when if wa.s headed West and bound for Orient four: ycars.-agb.' At Shanghai slie ac- cepted an engagement as dancer in, one of that city's big::;hotcis,. where she 'iiriet -and married! Sftiryiiky-. a! ■pprtrajt 'phplograplier. ■ ■'~TTfiey7~decided lo qua Shangiiai •Whien ai'ri aerial 'bomb .hit within^50 /yards pf v Sldrvsky'iJ studio.; That' started them ;6n;.the 16.00.0-milei/^^^ to:Ailianta-r-and; tranquility. • NOW irS MARY JOAN Pittsburgh, Nov. 80. ■• ; Another; of; the Pittsburgh Bar- nett^ ' . turning pro. She's Mary Joan,; daughter- of Luke,' arid- sistPr Of vince. . 7 'T " \':!: '-'"■■:"'..:-■' .Girl's a hoofer and is joining tWp other fegirnes in a daiicfe; act called the Hollywood Sophisticates. ; V CUWJIE, INDPLS., VAUDE V: ' ■ :V ' !; indiahaipolis, Nov. 30. Circle, theatre joihs Lyric; and;': keililt's: as vaudfilm house ..Ffiday (3). .:.;;■■ ^'-r: . ' • ■.■; Week pf December 5- ■ ..'rVi i'iiil.nn J''.lti:t.'<''-4>lu(l.son. l-'niioi;' ( '\ I'y. . ■ ■M;^h^'^^.^^»rf'-IJllUfrlllor'—Hbwarci'." Bii.'^llHi.: ;. |A1 (iftiiUlTtit. MaiaH'^l'voc, PlviliulVIvliia. . '«p(nv T»o?Tfi''—Hn.voty, Unli Im.ori,'. ■ 't-'tiBen,nt of KnUy'—Cu-pltol, Q'ok'rtb.;- . ■ 'M^rry SlortplH"—Cfthlno.; PH'tabutuii,' ; ' . .' Ku lifi.s W i CMirtnust*—Oil si no, Torini t.rt... ;.'.l<»llw ' Bi«iMiJ'«''-fO0nibna,My> Rtu-htijil (m'. • '.S'liiKV. Koi»,nrta(.<i'--il..y(iUS ' Allw»(?»\vii. AloiL-Tuci.; On>hcuin, Retuilng, W'ed.