Variety (Oct 1938)

Wednesdaj, October 19,1938 VAUDE-NITE CtUBS VARIETY 4S AFA May Be Charged with Coercion h Suit Over Act s Loss of Cafe Joh Charges of coercion, threatened blacklisting of agent, actor and nitery from which he was cancelled via fOleged American Federation of Actors pressure, are expected to be aired in trial of suit brought by Jack Miller, skating act, against the Monte Carlo, N. Y. nitery, Act is suing for $150, which he claims is due him Bince he got no two-week notice called for by contract secured for him by Agent Barnett GiUman. Trial opens tomorrow (Thursdiay). After GiUman had booked Miller and his partner for the Monte Carlo, along with another act, Norma Mitchell, the owner cancelled." It's claimed that, pressure from Jack Kramer of the AFA, who acted 'without authority' for former agent Harry Dell, forced cancellation. In correspondence between the union and Gillman, it's stated that AFA never entered into the matter. Much of the action has been en- gineered by Gillman who, as'an un- licensed agent, could not successfully go into court himself.' Act has car- ried the action in which it's hoped 'real' reasons for the cancellation will be disclosed. Miller is said to be imdecided whether or not to go through with the suit, which is un- usual in that it doesn't name the agent. Gillman claims he was approached and asked to settle matter as best he could. He was determined to go through with it, he claims, and so same emissaries are said to have approached Miller and applied the heat; With pair charging that each was selling out the other, Miller and his agent almost came to blows in latter's office last week due to issue on whether or not suit was to be dropped. AFA last winter was slapped with a $250,000 libel action brought by the National Variety Artists for an allegedly libelous letter sent to Sally Rand regarding the NVA. The let- ter was signed by Harold Koenigs- berg, Ralph Whitehead's assistant. Kramer is an organizer. The NVA suit is pending. KAN. NITERY HELD UP, DESTROYED IN 20G FIRE Wichita, Kan., Oct. 18. The Riverside, popular $20,000 night club outside city, last Wednes- day (12) was completely destroyed -when-two-masked-men-held up four, employes, poured inflammable liquid over floor and set fire to it. Building was soon completely leveled, as it was out of reach of city fireplugs. Bandits looted cash register and emptied pockets of the employes, ob- taining about $500 in all, before forcing them into hijacked car, one In his shorts, later releasing them. Included in loss, only partly cov- ered by Insurance, were instruments and music library of Vern Nydeg- ger's orchestra, recently installed electric organ and costumes of Texas Rockettes, entertainers who had been appearing at the club. * Max Cohen is owner of club which, early in the summer, had undergone extensive remodeling and had new heating plant installed last week. Biy Gibson's Fing«r OK New York, Oct. 15. Editor, Variety: True facts of the fracas at the Par- amount drug store of last Saturday (8) have been ascertained as being the following: The drunk, who hit the owner of the. store, Mr. Freedman, and knocked him through a glass show- case, and then assaulted 60-year-old 'Doc' Boyer, caused me to remon- strate with him. The gay boy then made a pass at me. I slipped on a piece of glass and fell into the broken showcase. I did not lose a finger as previously reported, al- though it was, naturally, cut by the glass. Billy Gibson. VAN CELLO IN HOSP. Baltimore, Oct, 18. Van Cello, of Van Cello and Mary, forced to leave bill at the State here • 0* pneumonia. * Th" fiQspit'al 'Here.'" t J » 4 * FREEDOM OFJHE PRESS Indpls. Times Crltfo Panned a Show and the Daily Lost Ad Indianapolis, Oct. 18. An unfavorable' review of Phil Spltalny's band in the Indianapolis Times last week caused Charles Olson, operator of the Lyric where Spltalny is current, to withdraw his advertising from, the daily. James Thrasher, in the Times, had called Spitalny's crew 'just another girl's band,' resulting in Olson's lift of the ads,and additional spending in competing sheets. ILLNESSES CURB TODR OF'BOYS TOWN'SHOW Boys Town, Neb., Oct. 18. Bad luck continues to dog the 'Boys Town* roadshow, cast with 70 boys from the Father Flanagan home made famous by the Metro film. Several of the youngsters got sick on the jaunt and had to be brought back to the home. AFA SUES R-B&B CIRCUSES ON LABOR PAQ 3 Detroit Agents Face Indictment in Violation Of State Kid Labor Act Claiming that Ringling Bros.-Bar- num & Bailey Combined Shows, Inc., had violated a five-year agree- ment by closing its circus and throw- ing 1,400 men out of work, Ralph Whitehead, secretary of the Ameri- can Federation of Actors, filed suit in N. Y. federal court yesterday (Tuesday) for an injunction to stop the Ringling outfit from turning over its equipment to the Al G. Barnes, Sells-Floto Circus in order to avoid the labor agreement. Besides the in- junction, the plaintiff seeks an ac- counting and damages from, the Ringling, Barnes-Sells, outfits. Whitehead claims that the five- year agreement- was entered -be- tween the AFA and John R. North, of the circus, on May 31, 1937. The contract called for certain wage scales, working conditions, closed shop, etc. Last June, the complaint charges. North cut the working staff 25% and refUsed to take the dis- charged union men back. A strike was declared and North moved the circus equipment to Sarasota, the Florida winter quarters, and closed up the outfit. Whitehead now charges that North has transferred the major part of the outfit to the Barnes and Sells show in order to avoid living up to the original con- tract, resulting in loss of dues and dssessm"ents tcrtlre union through" the- unemployment of its members. AFA caused shuttering of the cir- cus last spring after a very short season. Since then AFA has har- assed Barnes show because it ab- sorbed some of the Ringling outfit. Due to pinch of the circus activity, the AFA was forced to put through a salary cut throughout the organi- zation recently. Circus activity, de- void of any revenue, was eating up funds taken in other activities. AFA also upped the scale at Broad- way niteries this past week with introduction of $50 net for principals at the International Casino, an in- crease of $10. Chorus was raised from $36.50 to $40. Cotton Club was also upped $5 for principals from $40. Paradise and Hollywood will be hit shortly. Latter has still to reopen. A minimum of $60 in the- atres will also be set up, with scales in both fields being graduating de- pending on type of house or nitery. However, AFA is not limiting it- self to any set figure for the present and will let the demand cteated by the forthcoming New York World's Fair regulate its scaling. Detroit, Oct. 18. Accused of violating provisions of state -child labor act, three local booking agents face warrants this week following testimony of Farrell E. LaTarte, 13, terper, that she worked in more than 20 local niteries to which she had been sent by the bookers. Those for whom warrants were recommended are Harold Brown, head of Amusement Bookinjg Co.; Leo Curtiss, head of Curtiss Book- ing Co., and Charles Burns, head of Michigan Vaudeville Exchange. They face suspension pf licenses as well as fines. Brown was fined $25 on a similar charge three years ago, po- lice said. Agents were accused late last week by Stella McLeod, special investi- gator for state department of labor, after conferences among the depart- ment, booking agents and nitery op- erators. Terper testified she de- ceived everybody by her apparent maturity, but Miss McLeod said that was no excuse because agents are required to have entertainers' birth certificates when there is ques- tion of age. State rum board is delaying action against the niteries which hired the juve hoofer until some labor board cases are settled. Chi Spot Signs Chicago, Oct. 18, Two hours before the new bill was scheduled to go on, the Hi-Hat Club signatured an agreement with the American Federation of Actors last Friday (14). Bill includes Bert Wheeler. Spot was being picketed. First instance of cafe picketing in the present organizational campaign. Also signed to an exclusive AFA contract last week was the Minuet Club. The top Chez Paree has called off negotiations with the AFA on an ex- clusive contract. As a result, AFA is putting the Chez Paree on the unfair list and has so notified the various agents and performers dealing with the nitery. BLUE, BRENDEL, DOWNEY UNITS IN NATIONAL TOUR Los Angeles, Oct. 18, Cross-country tours of four stage units have been booked by Paul Savoy, of the Coast to Coast agency. First unit is currently playing Den- ver, with dates in Salt Lake City, Kansas City, Wichita and Memphis being lined up. El Brendel heads the group, with .the Keene Twins, Vick and LaMarr, Caprino Sisters, Ralph and Virginia Caldwell and Darryl Payne. Second group, opening in Denver Friday (21), is headed by Morton Uowriey,' with FaTtK'~BacOn," "Elite Trio, Blue Streaks and Frances Val- ley. Opening there following week is. the third unit, headed by Ben Blue, with Fritz and Jean Hubert, King Sisters, Eddie Hanley and Amil and Leona. Harlem on Parade, all- colored Unit No. 4, opens in Seattle Saturday (22) with 25 people. The Kings are not to be confused with the same act with Horace Heidt's band. Split of N. Y. Booker Group Checks Plans for National Merger of EMA; 10 Quit, Snarl Over Minimum Scale Soft Pedaling Philadelphia, Oct. 18. Single juggler on a bicycle is billed at Benny the Bum's as 'Val Setz and Company.' When customer complained of misrep- resentation, wanting to know where the 'company' was, Ben- jamin Fogelman, the operator, replied: 'Waddaya mean. Ain't he got a bike?' Pin SEPIA CAFE TO REOPEN NOV.l Pittsburgh, Oct. 18. Pittsburgh's No. 1 sepia nitery, Harlem Casino, will reopen Nov. 1 under Sam Blandi, who operated Blandi's Inn, roadhouse spot' here, for last two sumrhers. Casino, which seats around 600, has been leased for the winter from Mark Browar and past policy, colored show and band, will prevail. Some doubt here for last several weeks about Casino's reopening. Spot has been under Lew Mercur for two years but closed prematurely last spring when Mercur lost his booze license for 90 days on charge of selling after hours. He an- nounced, however, he would reopen it last month but dropped plan when he and Browar couldn't agree on rent. At present, Mercur is asso- ciated with his brother, Al Mercur, in operation of highly profitable Nut House on the outskirts. Indpls.' 2 New Spots Indianapolis, Oct. 18. Two new night spots have been opened for weekend business here. Ruth Hawkins, former publisher of a nitery sheet, has imshuttered 5hawboat,..._currently playing.. BJU. Cole's orchestra, with Thelma Jones, vocalist. Log Cabin is reopened for Friday and Saturday nights, with Ray Roach orchestra and Mary Kaye, tapper. Louie Lowe band Is back at Athletic Club for the winter; Denny Dutton is opening Columbia Club; Amos Otstot stays at Starlite Ball- room and Harold Cork is playing the Sky Harbor week-ends. PhiDy Musicians Union Seeks Hike In Nabe Vaude from WB for 1 Philadelphia, Oct. 18. Vaude increase in nabe houses is being asked by the musicians' union in negotiations now getting under way with Warners for next year. Tooters are demanding three days of vaude in houses now using two, and seven houses instead of five. Understood, however, that this has been introed by the imion more as a bargaining point than with any expectation that it might pass. Real battle is 35-piece orchestra in the Fox, Since the house is now vaude- less, it has no use for the music and wants to get rid of it. Union won't consent to such a move, threatening to pull out all bands and picket if necessary. Rex Ricardi, Union secretary, de- clared that once the Fox problem is settled, he anticipates no trouble whatsoever in clearing up the rest of the pact for other houses. Weekenders for Denver Denver, Oct. 18. The Tabor, P subsequent-irun. Fox house, is adding five acts of vaude for Friday, Saturday and Sunday, with one film. Policy for the re- mainder of the week will remain double bill, with no vaude. The Denver, first run and also a Fox house. Is using stage shows nearly every week. Some are built here. Newark Par's Vaude Paramount, Newark, resumes a vaudfilm policy tonight (Wednesday). Stuff Smith and Howard Woods' bands will battle musically. Three Chocolateers, Amanda Randolph and Stump and Stumpy, Negro perform- ers, augment Negro band. Eight Jitterbugs and Bob Easton will work with Woods' crew. House is being booked by Al and Belle Dow on reported straight book- ing fee arrangement. However, re- port is that pair are in on a per- centage over certain figure for oper- ator. Full week policy will prevail Same duo will spot vaude' in the Palace, Stamford, Conn., starting Nov. .3^, ,Wbiiero?in -will preem split week policy. On eve of lining up other key city booker groups into a national body, the Entertainment Managers Assn. of New York had a split in its ranks. Led by Bill Bobbins, ten members have tendered their resignations. Disagreement with older members over the group's policy is blamed for the rift, said to have been started by comparatively recent members. Those .dropping out or EMA are Charles Rapp, George Kuttin, Al Rocke, Fred Nevins, Tom O'Connell, Robbins, Sid Hall, Tom Kelly, Dan Harrington and Carl Freidburg. Re- ported they will attempt to form their own organization. Original group is applying for corporation papers in New York State as the Entertainment Managers Assn. to protect the name that's been used by the group for 15 years. At present, it's incorporated in New Jersey. Dissenters discredit proposed mini- mums offered the American Federa- tion of Actors for union acts work- ing club dates. They have been at odds with administration since it started campaigning to eliminate many agent evils -and to become affiliated with unions and other out- side bodies in its drive to achieve that goal. EMA, on the other hand, is not especially opposed to exit of recent joiners, who have been a thorn in its side. EMA in. N. Y. states it has the support of. N. Y. License Commis- sioner Paul Moss for its revised Breitbart-Quinn bill which would place theatricals under an entirely separate agency law, to be segre- gated from rest of commercial and industrial agency measures slated for presentation in Albany next Janu- ary. Moss was at first going to pre- sent his own bill but is said to have backed that of agents and managers who attended his last conference. Moss will concern himself .with com- mercial and industrial groups only. Bill to be presented by the EMA will for the first time define the three types of percenters, agents, artist representatives and-Entertain- ment bureaus. There have been so many guises assumed by dodging agents that a permanent classifica- tion of each is an aim of EMA. Group is also attempting to enlist artist bureaus of N, Y. radio stations. Nat Abramson, bureau head of WOR, is heading the radio drive.- Me Beaumonrs _ Jump from Windor, Grieved Over Sister Grieving over the death of her sis- ter Rose; Some months ago, Nellie Beaumont fell or jumped from the window of their home at Georges Mills, N. H„ and although both ankles were fractured it was neces- sary to place her in a straight jacket at the State Hospital, Concord, where she w.as removed," The Beau- mont Sisters were inseparable on and off the stage, but although am- ply provided for, the stricken actress was melancholy ever, since the be- reavement. Rose Beaumont was formerly wed to Billy B. Van and in private life was Mrs. Phillips, having been the widow of a wealthy Boston citizen. Estate at Georges Mills was consid- erably damaged by last month's hur- ricane. ■ Her son, Charles Gray, is well known In Broadway box office circles. Billy B. Van, who left the stage to form Pine Tree Products Co,, makers of BiUy B. Van's Pine Tree Soap, has seveired relations with that company, and has launched a new venture as Billy B. Van, the Candy Man. Will operate from his home city, Newport, N. F. Grace-Scotty, of NBC, Form Scotch Vaude Unit Grace and Scotty, NBC duet, have formed an all-Scotch unit, with a Scotch swing band which they will break in at the RKO theatre. White Plains, N. Y,, Friday (21), in a one- night stand. Being set to tour other RKO one and / two «• ni^tesis ffor^ additional smoothing.