Variety (Nov 1938)

Wednesday, November 30, 1938' Managers League Calls Brokers To Explain Code 'Irregularities A number of Broadway theatre tlcket'brokerB were summoned \q the offices of the League of New York Theatres last week and asked to ex- plain certain code irregularities. Price excesses was not direttly charged although in -some instances it's been reported some accredited figencies who signed the code had taken a chance by getting $6.60 for $4.40 tickets sold over the counter. It's been claimed, too, that other agencies have secured more than the permitted 75c. premium, but under cover, such sales being made to cus- tomers with charge accounts, who demand and arc ready to pay for service. The League's secretary, James F. Rellly, questioned the broker and he-appeared skeptical over the vera- city of the replies. Because of the Federal regulations requiring the stamping, of tickets resold by brok- ers,, a checkup was made. and it dis- closed that cei;tain tickets allotted to smaller agencies were repeatedly found to have been disposed of by unaccredited, or bootleg, offices. Several brokers stated they had cold the tickets to persons whose identity they did not know, and in- sisted they received no more than ihe maximum permitted under the rules, and that they were not aware of violations. Whether drastic action will be taken may depend on a meeting be- tween the League's code enforcement committee and Equity representa- tives, which has been called for to- morrow (1). Session is scheduled as the result of Equity's recent request for a huddle to consider further ways to facilitate theatre-going, con- trol ticket prices, motor car parking, transportation and other angles. City resolution which would make it a misdemeanor to charge excess prices for tickets will be calendared by N. Y.'s counciL Move is said to have the backing of Newbold Morris, head of the Council, lATSE Keeps Slate Philadelphia, Nov. 29. Entire slate of local officers of the International Alliance of Theatrical State Employees was renominated without opposition at a meeting of the membership last week. All will automatically be elected by casting of ballots by the secretary next month. Thomas P. Mitchell, prez, and Wil- liam J. Harrer, biz agent, will start their fifth terms, while Michael J. Sweeney, secretary-treasurer, enters his ninth. Other officers are Eugene W. Holmes, v. p., and Frank Mc- Curdy, recording secretary. Pay Dispute Won By Theatre Mgr. From Shuberts SCHNEBBE HEADS B.O. GROUP FOR 3D TERM Allen J. Schnebbe was elected for the third successive term as presi- dent of the Treasurers Club at the Astor, • New York, Saturday (26). Box office people's beneficial organ- ization also re-elected the other of- ficers: Saul Abraham, viceprez; Harry B, Nelmes, treasurer; Harry A. Benson and Charles R, Bowman, financial and recording secretaries respectively. Six members were named to the board for two years; Hugh J. McGau- ley, Frank Frayer, George Brassil, Jerry Flynn, Lep Solomon and Ar- thur Wright. Bernard Klawans and Sam Granet, "who have been in the organization 25 years, were voted life member- ships in the a. k. division. Sidney R. Fleisher, attorney for the club, was made an honorary member. Dispute over the salary of a bouse manager engaged by the Shuberts to handle the Mosque, Newark, N. J., was arbitrated Monday (28) with the Theatrical Managers, Agents .and Treasurers union, acting for a mem- ber, Robert Preist, who was awarded the claim. Shuberts proposed to present musical revivals in the house but after securing a conces- sion froni Equity to play Sundays, the plan Was cancelled. Preist, however, was on the job for one week before the revivals were called off. Shuberts contended he was en- gaged at $75 per week, with TMAT declaring the minimum salary was to be $150 as the theatre is outside New York, where the scale is $100. Arbitration was refused at first by the management but when the union advised it that provision for set- tlement of disputes was provided for in the basic agreement, the Shuberts assented. EQUITY DISPENSATIONS 'Glortana' Hiatas—'Blossom Time* OK'd 2 Weeks Layoff John Byland Dies in N. Y.; Broadway Figure John Ryland, Negro, who has been with the Empire theatre. New York, since its opening in 1902, died in his sleep Nov. 25. He was believed to be about 70, but never would re- veal his age. Hired as an elevator runner, he became a Broadway figure and was known to hundreds of major and minor players. He made himself something of an institution around the theatre, but in recent years filled no clearly defined position, though he confined his work largely to the lobby and at show time acted as greeter to the thousands to whom he had become a familiar figure. He Was far better known than most Broadway managers and newspapers had frequently written extensive stories about him. In his early years he was an ex- cellent trick bicycle rider and spent most of his luncheon hour practic- ing in 40th street, which in those oays was comparatively free from vehicular traffic. A crowd used to gather each noon to watch his per- lormance. His second wife survives. Permission to close' 'Gloriana,* at the Little, N. Y, after last night's (Tuesday) performance and reopen next Monday (5) was yesterday (Tuesday) given producer Arthur Hanna by the Equity council. Blanche Yurka, stac of the show, appeared before the council to ex- plain that since last Saturday's (26) opening she had discovered 'certain themes in the original German text of the play that are not in the Eng- lish translation.' Show still had three unused days of rehearsal re- maining when it opened. Council also granted permission to John Shubert to lay off the touring 'Blossom Time' company for two weeks before Christmas instead of the customary single week. Pro- ducer stated that several weeks of midwest bookings for the show have been cancelled, but that he has two weeks of dates after Christmas. Okay was granted on condition Shubert pays transportation expenses for the cast to and from New York for the layoff, as well as guarantee the ex- tra two weeks after Christmas. Upon' application of Will Geer, Trade Guild Plays was given per- mission to present three short plays on a cooperative basis at matinees at the Guild theatre, N. Y., during the holidays, provided the Theatre Guild guarantees the front of the house expense as well as a week's Equity minimum ($40). LEGITiMATE Carrent Road Shows (Week of Nov. 28) 'Abie's Irish Rose,' Broadway, Maplewood, N. J. 'American Landscape,' Wilbur, Bos- ton. 'Amphttryion'—<Sca Gull' (Lunt- Fontanne), Cass, Detroit. 'Blossom Time,' Hartman, Colum- bus (28-30); English, Indianapolis (1-3). 'Golden Boy' National, Washing- ton. 'I'd Rather Be Right* (George M. Cohan), Auditorium, Chicago. 'Idiot'* Delight' (Phil Baker), His Majesty's, Montreal. 'Lightnln" (Fred Stone), McCar- ter, Princeton; N. J. (28); Playhouse, Wihnington (29); Community, Her- shey, Pa. (30); Bushniell Auditorium, Hartford (1); Shubert, New Haven (2-3). 'Of Mice and Men,' Davidson, Mil- waukee. 'On Borrowed Time,' Grand Opera House, Chicago. 'Our Town,' Locust St., Philadel- phia. 'Pins and Needles,' Nixon, Pitts- burgh. 'Shadow and Substance' (Sir Cedric Hardwicke), Masonic Audi- torium, Rochester, N. Y. (28-29); Strand, Ithaca (30); Erlanger, Buf- falo (1-3). • 'Spring Meeting,' Royal Alexandra, Toronto. Susan and God' (Gertrude Law- rence), Harris, Chicago. 'Three Men On a Horse,' Shubert, Brooklyn. Tobacco Road,' City Hall Audi- torium, Montgomery, Ala. (28); Bi- jou, Knoxville (29); Bijou, Chat- tanooga (30); Ryman Auditorium, Nashville (1); Coliseum, Evansville (2); Hipp, Terre Haute (3). 'Torchbearers>' Biltmore, Los An- geles. 'What a Life,' American, St. Louis. 'Whiteoaks' (Ethel Barrymore)j Selwyn, Chicago. 'Women,' Cox, Cincinnati (27). *You Can't Take It With Ton,' Convention Hall, Tulsa (27); Para- mount, Amarillo (29); Majestic, Wichita Falls (30); Orpheum, Waco (1); Music Hall, Houston (2-3). HELL'; 'BACCY VARIETY Pair Eye 3 Cities For Production of Stock stock company is to be established in Memphis, South Chicago or St. Louis In about a month by two young showmen. It wiU be one of the few regular stock companies in the U. S. In on the venture are Will- iam (Ilastle and Warren Young. They are looking over the three cities. Idea is to use Equity members and, if large enough audiences can be found, to run each production two weeks. James Barton, star of 'Tobacco Road,' is adept , and explicit in plac- ing emphasis on slang or 'cuss' words called for in his part af 'Jeeter Les- ter,' and insists that his fellow play- ers, including the ladies of the cast, mt^t do likewise'or he'll quit. This attitude resulted Monday (28) in Bar- ton being named defendant in .a suit for $25,000 brought in N. Y. by Ann Dere, who claims she was practically fired from her role.at the instance of Barton because she did not stress the word 'heU' in one of her lines. Miss Dere, who has pfayed the part of 'Ada' for over two years, avers that, following the performance of Oct. 30, Barton reprimanded her for failing to carry out his Instructions as to how her line, 'You're a sinful man, Jeeter Lester, and you're going to hell,' should be spoken. She is re- puted to have done no better at fol- lowing performances, and Barton, she claims, informed the conH)any man- ager that unless she was dropped he would quit the show. Miss Dere says she reluctantly tendered her resigna- tion to take effect Nov. 19. Barton is the only defendant named in the action. Miss Dere figures the play, which has run nearly five years, has an additional five years to go, and at the rate of her $100 weekly salary, she figures her severance with the show would cost her about $25,000. Strict Equity Supervision Resented By Legit Agents Stilll Seeking % Increase Due to Limited Jobs Shows in Rehearsal 'Set to Music'—John C, Wil- son. One-Act Repertory—Grisman and Koslenko. •Bright Rebel'—William KH- cuUen, 'Everywhere I Roam'—Marc Connelly, Bela Blau. 'Merchant of Yonkers'—Her- man Shumlin. 'Here Come the. Clowns'->- Eddie Dowling. •Trilby'—Walter Hampden, •Yes, My Darling Daughter' (road)—Royal Stout. CEA Reps Seen Added to Equity Councl Next Yr. Equity council recommendation last week, to grant council repre- sentation for Chorus Equity Assn., is expected to add five CEA mem- bers to the council. This would give the groups a total of 55 council- lors. Choristers, however^ cannot be so placed until the constitution of both Equity .and the chorus branch are changed to permit the inclusion. Amendments necessary will be voted, on at the annual meet- ings next summer. Although Equity contemplated ab- sorbing the chorus branch, that, move has been definitely shelved. Understood' that matters pertaining to the chorus group -frequentiy arise and its representative quintet win vote on such matters. Other- wise, they may attend sessions but only as observers. 'Prologue' Chi Fold Chicago, Nov, 29. 'Prologue to Glory,' Federal Thea- tre Project import from New York, will close at the Blackstone Dec. 10. Local project plans Chicago com- pany of 'Prologue' for tour of terri- tory as far west as Denver. FTP'S 'Copperhead,' with Ian Keith, follows 'Prologue' into Black- stone. Marilyn Miller's Estate Transfer tax appraisal on the estate of Marilyn Miller, filed yes- terday (Tuesday), listed the late dancer's gross estate at $97,407 and a net of $47,573. Her mother, Mrs. Ada Thompson Miller, is named as beneficiary of the residuary, estate. She is now in Hollywood. Miss Miller's husband, Chester L. O'Brien, is not named in the will, but was listed as beneficiary Of one- half the net-estate imder the dece- dent's estate law. 3 Shows FoU 'Where Do We Go From Here' folded at the Vanderbilt, New York, Saturday (26) after playing two weeks. WHERE DO WE GO FROM HEBE Opened Nov. 15, '38. Critics called the tarn on this, none liking it. Coleman (Mirror) said it was 'a good attempt that Jnst missed.' Mantle (News): It doesn't work out so well as en- tertajnment.' Variety (Itobe): •Dou'btful prospect for sncccss.' 'Ringside Seat' was withdrawn from the Guild on the same date. Salt Lake's Musical- Stock Los Angelas, Nov. 29. Fred Hanson agency has booked 21 people for musical comedy stock at the Roxy. Salt Lake City. Agency also took over bookings for the Orpheum, Ogden. RINGSIDE SEAT Opened Nov. 2Z, '38. Critics gave this little chance. Watts (Herald Trib): 'Pretty disap- pointing stuff/ Locltridge (Sun): 'Somehow doesn't jell.' 'Good Hunting' was yanked from the Hudson Nov. 2 aftOr the second performance. GOOD HUNTING Opened Nov. 21, '38. Ander- son (Journal-American) gave It until Saturday (2«) night to fold. Comments «f all others were In Ukc vein. Variety (Ib«c): 'A dnd.' Legit casting agents in New York are inclined to resent Equity's new requirement whereby they must sub- mit a monthly report detailing the engagements secured for actors on their lists and the aniounts of their commissions. When, the agency peo- ple talked it over, however, it was pointed out that when Equity dis- cerns that their resentment is based on the limted number of jobs, the actors' association may change its attitude of being opposed to increased commissions. Casters insist they face eviction from the business because their earn- ings do not even top the cost of office maintenance. While the reports to Equity will not include earnings from other amusements, the legit specialists say there is little work beside legit casting. Leading cast- ers, explain that they did have a fairly lucrative field from radio but with many major broadcasts moving to the Coast, that source of revenue has been considerably curtailed. Few of the legit agents say they do busi- ness with the night clubs. As for picture casting, theire's little work in the east. The agents placed their situation before. Equity and, while it is known that part of the committee, assigned to handle the matter favored grant- ing an increase from 5 to 10% in commissions, when showdown came before Equity's council that body handily voted down the proposal. Equity then went further to tighten up the agency regulations- and, in addition to the monthly checkup on the casters' earnings, warned the association's members faced a fine of $500 or six months suspension if detected paying more than 5%, Excessive ConHnlssloss? Feeling of Equity ofiicers against the casters was not explained but it's believed that the practice of one or two in exacting commissions for non-legrt engagements was regarded as excessive to the services ren- dered. Reports that the.agents in- tended going to . court to secure an opinion as to whether Equity could limit commissions to less than the percentage allowed under the law, have been discounted. Ther^ are 29 legit agents with Equity permits, 20 being regarded as active, with the balance doing minor business. Recently Equity cancelled nine permits for inactivity. Equity Casting Dept. Reported that Equity may consider forming its Own casting department, often proposed but as often set aside because of the possibility of dissat- isfaction among applicant members. Nearly 20 years ago Equity had a taste of such possibilities. When it took over the picture. group the unit has a casting department. At times here were so many more m^embers than available jobs that charges of discrimination were often made. Said that there were as many as 2,000 applicants for 20 jobs. One Equity leader suggested that if the casters are to be i)ald an ad- ditional 5% it should come from the producers. In former times some of the leading showmen did their own casting and. actors paid no agents commissions. In recetjft seasons the casters ask for the scripts and line up the cast for the managers, for which service they should seek com* pensation, It's said. Reason the agents have not carried out that idea is £aid to be the chance that kick- backs would be demanded.' Flora Campbell, 'Angela Is Twen- ty-two.' Franchot Tone, Sylvia Sidney,. Elia Kazan, Sam Jaffe, Roman Boh- nen, 'Gentle People.' John Dickensy Kallta Humphries, Richard Stark, Helene Freeman, Larry Siegle, Lee ChlldSr 'Every- where I Roam.' Rose Hobart, Phyllis Povah, Mar- -^aret Dale, Alice Belmore-CUffe, Naomi Campbell, Peter Campbell, 'Dear Octopuis.' Madge S^ans, Doris Dudley, Rus- sell Collins, Leo Chalzel, Hortense Alden, Frank Gaby, Bertram Thorn, Ralph Bunker, A. H, Van Buren, .Terry Austin. James Hagen, Thomas Palmer« Eve March, 'Here C^ome the Clowns.' Gladys Henson, Moya Nui^ent* Kenneth Carten, Penelope Dudley* Ward, Hugh French, Maidie An- drews, Rosemary Lomax, Angus Menzies, 'Set to Music*