Variety (Apr 1939)

Wednesday* Apni 5, 1939 The Trotection' Gause Snarl It's been so long sluc« there has been any real competlsh among vaude theatres, actors havei either forgotten, or are overlooking, the ^rotectloh' clauses In their contracts. To many of 'em it's something new, but actually the 'protection' thing dates way back. An Instance of an actor forgetting the "protection' clause occurred this week when Benny Meroff, who played the Flatbush, Brooklyn, last week, was approadied for a three>day date at the indie Rivera, in the same borough. Only then did MerofI discover that his contract with the Flati)U5h prevented him from playing any theatre in that area for 30 days. Benny Rubin, at the Rivera this past weekend, finds himself in a similar spot regarding an offer from the Flatbush. In some .instances theatres waive the "protection' clause on subse- quent dates due to special circumstances, but the Brandts, who operate the FlatbuSh, refused Meroff a release. BILL TO LIMIT AGENTS TO 5% NIXEDINPA. Philadelphia, AprU 4. Bill Introduced in the legislature two weeks ago to limit commissions charged by bookers to 6% was killed in eommitteo last week. It was dumped into the hopper by Repre- sentative McLester, of Butler county, without the knowledge of either actor or agent groups here. Quick action by both resulted in its pick- ling. Agents claimed that it would have been impossible for them to continue in business had the measure passed. They were sustained in their claim by Tom Kelly, biz manager of the American Federation of Actors lo- cal here, who aided in having It killed. The act would hava limited the commish on any engagement less than 10 weeks to a maximum of 5%. On any. engagement for longer than 10 weeks the booker could have col- lected his fee for only a maximum of 10 weeks. Entertainment Managers Associa- tion, booker group, here, has a set of proposals now being moulded into bill form for introduction in the leg- islature shortly. The 10 percenters aim to be taCen out of the employ- ment agency classification and placed in ja category of their own, claim- ing they have no relation to an ordi- nay employment office. Under the proposed act, the agents would continue under the super- vision of the Department of Labor and industry, but would fit into a newly-created entertainment di- vision. MPLS. NITERY LOSES RUM PERMIT, FOLDS Minneapolis, April 4. Another loop night club has had its liquor license revoked for after- hour and Sunday liquor sales, in vio- lation of the law. Latest to feel the axe Is the Para- dise, the most prosperous of all local oiteriis before the heat went on again a few weeks ago, which has closed. Previously the Derby ran •foul of the law because of after- hour sales and .also folded.' Might club biz here it at Its low- est ebb In years. Folds Pit Cafe Pittsburgh, April 4. Vince Sortino, trumpeter in (he Stanley's house orchestra, who has kept pit job while operating the Villa Sortino, has folded the spot because of poor biz. His father had managed place during sor's theatre working hours. Place proper has been leased as a dance studio, and Sortino will con- tinue-to run downstairs room as a cocktail lounge without entertain- *nent or music. Kitty CarliBle'i. Solo Week Kitty Carlisle goes Into the Loew's Capitol, Washington, -Aay 5 for a week. She's presently on the Coast !^o further dates lined up. The Lyons office booked. KID WPA: FINED Two Vandera Pay AFA |6 In SetUnir Precedent Hollywood, April A. First fines levied against actors on the Coast for kidding fhe WPA were paid in Long Beach, Cal., by vauders Bonnie Boice and Tommy Ladd, who were assessed $5 each by the Nation- al Council of the American Federa- tion of Actors • Slade Taylor, Coast rep of tiie AFL, imposed the fln« and said if convicted of same offense at a union trial it would have cost them $10 apiece. ONE-DAY VAUDE INN. HAVEN CLICKS New Haven, AprU 4. Picking Palm Sunday (2), one of show biz's worst days to inaugurate a series of one-day vaude programs, the Arena here put In a three-hour show that drew ■ royal welcome from 6,500 patrons. Spot, a sports auditorium, did well previously on sponsored vaude bene- fits and management decided to ex- periment on its own. A group, headed by Nate Podoloff, operator of the Arena, booked Paul Whiteman plus Paul Tremaine and eight acts for a feeler. The response assured booking of Glen Gray's Casa Loma troupe for April 16, and started the ball rolling for a third bill April 30. Tentative plans call for a show every other week. Opening bill also included Tommy Reynolds' band, fronted by Tre- mqine; Lou Saxon, m. c; Slip, Slap and Slide; Sally Ann Harris; Fred Fisano & Co.; Selden and Endler; Ernie Mack; Rose Marie, and Varsity Co-Eds. Whiteman worked entire second half of bill and featured Joan Edwards, Clark Dennis and'the Mod- ernaires. Scale of 55-85C at mat and 95-$1.10 evening drew fair afternoon house and virtual capacity at night Ven- ture showed a profit. UNION NIX MAY PUSH WB SPOT MO VAUDE Philadelphia, April 4. Flesh shows, shifted by Warner Bros, from Its Earle to the Fox two months ago, is seen returning to the Earle for the summer on May IB. This would result from refusal of the musicians' union to allow the circuit to switch orchestras between the two houses for the 15 weeks pre- ceding Labor Day. Situation Is that the Earle tooters are in on a 52-week contract made before it was thought of switching flesh from the house. The Fox crew, on the other hand, has only a 37- week contract, allowing for the hot weather rest During the 15 weeks it is absent, Warners asked to be al- lowed to send the band over from the Earle. A compromise to allow the shift for eight weeks was the union's best offer. Therefore, inas- much as' it can't switch the bands, the circuit Is seen doing the next best thing, switching stage shows. EITHER IN HIGH OR LOW GLASS Medium-Priced Shows This Season Almost Extinct, Regressing from Days When They Wfere the Rule —^RKO Most Notable Backer of Shows in Lower Brackets CHEAPIE5 GROW Vaudeville this season has wit- nessed the almost complete extinc- tion of medium-priced shows. Either layouts nowadays are in the very high-priced,bracket, or else they are in the $lSO-a-day and under, mostly the latter class. Result is a vivid contrast in shows nationally rather than a step-ladder effect ' Formerly the moderate- priced bills were the rule, rather than the exception. Now the rule Is for name bands at any figure, while those theatres which cannot bear the high budgets have swung to the reverse and are playing the cheapest acts possible. Most notable supporter of the cheap shows is RKO, now playing 'em at the Flushing, Queens, and Madison, Brooklyn. A one-day lay out at the Madison, recently, is said to have cost the house less than $100 for five acts. Two singles in the show drew less than $10 each, while an Indian -act that closed is reported to have gotten hardly enough for a wampum bracelet Indies Stretch Bankroll In sharp contrast to this major cir- cuit, however, some of the indies are apparently stretching the bankroll to the limit The Flatiiush, Brooklyn, operated by the Brandts, is an out- standing example with its current show. Headlining Willie and Eu- gene Howard, and including Rita Rlo's femme orchestra, MoUy Picon and June Carr and Jo. RoUo, the bill is very much in the high-budget class. Next week this house plays Jimmy Dorsey's orchestra, plus other acts, for another big outlay of coin. Other indie spots that have been splurging on stage shows are the State, Hartford, operated in part by A. & B. Dow, and the Rivera, Brook- lyn, booked by Al Rogers and Bill Miller. But non-name vaude of the $3,000- budget type is almost completely missing. It either holds no° attrac- tion for the public, or the managers don't seem- willing to gamble with that type of show. BKO Cheaples Click RKO's cheap shows have proven a definite click at Keith's, Boston, where the circuit plays five acts, plus dual, pictures, on a four-day basis. Rest of the week it's just duals. Stage shows cost the theatre on an average of $750 for the four days and profits have been steady. In former years Boston supported the biggest of stage shows both at Keith's and at the Paramount The RKO Memorial was once one of the top two-a-day variety houses in the country. Now, however, Keith's cheapie Is the only vaude in town. Cheap shows have grown to such an extent despite the short profits, that several former big-time vaude agents and bookers are now spon- soring 'em. Billy Jackson sets the shows in RKO's New York theatres; Phil Morris and Charles Levisohn have a 10-people hiUbilly unit that they're wildcatting through the east for short coin, and Jack Linder has built a circuit of seven one, two and three-day houses through New Jer- sey, where he books shows on a strictly percentage basis. Dayton Yauder Quits Dayton, April 4. Next week's stage snow at the RKO Colonial, Dayton, O, with John Boles topping, winds up flesh fare for the season, which started last Lat>or Day. House goes straight screen April 14. Aussie Growing as a Market For U. S. Acts, but Salaries Are Moderate; NeO Shopping in N. Y. The American vaudeville act which seemed headed for extinction, has comparatively recently turned to a new sphere of influence, the Aus- tralian field, to salvage something of the lush two-a-day. The increasing importance of this field is evidenced by the marked rise in the past three years of American acts booked for Australian time. Main user of American act^ the Tivpli circuit, has been considerably successful in its drive to make 'em vaude-cohscious Down Under, while the Fuller chain, headed by Sir Ben Fuller, sparked by the success shown by Tivoll. is also pushing a vaude- ville upbeat. The main arguing point for an American act to play, say, for the Tivoll circuit, is th« fact that in the long rtm he has more to show in monetary returns than if he were working in America. Salaries are generally higher in the U. S., but the Tivoll chain, which guarantees an American act's passage from the Coast to Sydney and return, also guarantees at least 10 weeks' work. Australia pays few acts ever $500 weekly, with most of the imports much under , that figure. Acts first open their Australian tour with five weeks at -the Tivoli theatre, Melbourne, where they're part of a 10-act unit that includes a name comedian and a 16-girl line. This date is followed by five weeks In Sydney. An option in the con- tract permits an act to secure more work at. the tennlnation of the 10- week guarantee, which would then take It to New Zealand. A Tivoli working arrangement, too, with Hoyts Theatres, also permits a turn BRANDTS SLATE 3M0REN.Y. VAUDERS Feeling their way with stage shows at the Flatbush, Brooklyn, now In its third week under a com- bination policy, the Brandt Bros, plan extending similar in-person en- tertainment to the Audubon on the upper west side of N. Y.; Windsor, in the Bronx, and the Carlton, Ja- maica, L. L William Brandt declares that name bands, together with acts, the policy used at the Flatbush, will be booked for the other theatres. It's possible the same shows will play the four houses, being booked for the four weelis at the one time. Audubon, Windsor and Carlton are being put into shape for stage shows. Policy goes into effect in September. GALE-CARSON CANCE DUE TO AUTO CRASH Chicago, April 4. Team of Gale and Carson are out of the current Oriental bill following an'auto smashup in Ohio Friday (31) morning while the team was driving from New York with Raymond Wil- l>ert, also on the same bill. Wilbert suffered a head gash, which required stitches, but he's working the Oriental date currently. Charles Gale suffered a cracked rib while Walter Carson suffered a frac- tured, hip and severe cuts an'd bruises. He is now at the American hospital here. Car was demolished when It went over s soft road shoulder near EdgertOD, O. ta be given additional time. Then, too, there are only two shows a day and no Sunday performances. Tivoll makes four tours a year to New Zealand and plays its units as 'va- riety revues.' Nell in N. T. Frank Neil of Tivoli, currently in New York on a shopping tour for acts, makes trips to the U. S. every two years or so for that purpose. Tivoli's bookings are about 95% American. Great distance between Australia and U. S. overshadows the possibility of American names possessing a cor- ve^onding popularity Down Under. It's strictly a caSe of performers get» ting over on their merits. Even Willie and Eugene Howard, who toured for 14 weeks with 'Hol- lywood Hotel,' were unrecognized in Australia for their names. They re- cently returned to America. Will Mahoney, one of the U. S. two-a-day faves, is an indication of an Amer- ican click going over to Australia. Signed to the usual 10-week contract by Neil, Tivoll has exercised its op- tion to the point where it's played the comedian 32 weeks as head of a unit He's now scheduled also to do a picture for Cinesound. Another click has been Larry Adler, who re- cently played 20 weeks for 'Tivoli and Hoyts. Fuller's vaude comeback includes hi» intention to build a chain of the- atres for the exclusive use of per- sonals in New South Wales and New Zealand. American acts would pre- dominate, with a few Continentals also included. Another vaude outlet comprises the picture houses in Aussie, many of 'em employing large bands, which usually take th« headline acts from the strictly variety theatres for sub^ sequent dates. A one-act show.is not an uncommon sight in the do luxe film spots. Six Acts Sail Six American acts, headed by Sammy Cohen and Senator Murphy, sailed Saturday (1) from Los An-' geles to Sydney, where they wlU totir In .'vaudeville for the Tivoli cir- cuit Others to sail were Stanley Bros., Four Franks, Carl and Leoni and Mlgnqn. Turns booked for Tivoli time by Nell, and slated ..to depart shortly, include Anna May Wong, Garay Joaquin, Evers and Dolores, Burgess Lamont, Alfredo and Dolores, Jack Wayne, Andrini Bros,, Nick Lucas, Bonnie Grant, Gerald and Annette, Lester and Imogene, Mardo and Kay, Hiller and Riley, Professor Lam- berti, Keene Twins, Vic and La- Marr, Ming Toy, Anderson and Allen, Ted and Mary Taft Nell sails for the Continent short- ly on a further shopping tour, and then returns to Sydney. His Amer- ican reps are Sam Kramer, on the Coast, and Charles Allen, In New York. Hanion's Unit Alec Hanlon is taking. a unit to Australia, opening in Melbourne in mid-May and touring indefinitely under the local management of Sir Ben Fuller. Po.ssiblIity the trek may be extended to Include Africa. Troupe sails next Wednesday (12) from Vancouver. It will play the legit houses Down Under. Outfit numbering 34 performers, will include Salicl's Puppets, Ross and Edwards, Carr Brothers and Betty, Bo2o Snyder, Loretta Grey, Murray Green and Elsa Lang, Jack Bickle, June and Trudell Van, and 12 girls. Hanlon, whose 'Hollywood Hotel' show Is already touring Aus- tralia, will return to the U. S. in August to ready more units. Salla to Aoitralla Chicago, April 4. Al Zimmey salla for Austr.alla In June for 10 weeks of Down-Under time. Also under option for vaude dates in Europe. Plays State-Lake here week of April 21 following stay at the 600 Club here.