Variety (Apr 1939)

Wednesday, April B, 1939 LEGITIMATE VARIETY 49 PICKETS SET FOR N. Y. FAIR Sunday Issue Raised iu London WiATeMn as a Springboard London, March 24. finite Littler started something with a protest letter to the Daily Telegraph complaining of BBC Sun- day television drama so long as theatres were debarred from open- ing. Pointed out - that plays cur- rently in West End are presented over the air Sunday nights with actual original casts, that 91m thea- tres are permitted to run, but legit Is disbarred by law. ' U full performances of plays are ' allowed to take place by government monopoly (BBC), he argued, it is time legit was given facilities to compete. Elxisting U. K. practice Is for theatre dubs to be established, which then put on performances *privately' for members Sundays, which puts 'em in right with the law. Newspaper subsequently canvass- ed opinions in the profession, and those quoted unanimously supported. Littler's stand. J. B. Priestley al- leged the legit trained actors for the BBC and provided plays but got very little in return; the theatre got nothing for the service it ren- dered. Alec Rea suggested the gov- ernment discriminated against legit, and liCe Ephraim said Littler had anticipated an idea of his to raise the issue at West End Managers Ass'n. Why should BBC, he asked, be allowed to put on plays with make-up and costumes, when thea- tres are not permitted to, even for charity? Actress Fay Coiiipton urged per- formers were entitled to one <&y's rest in seven, but if visio did Sun- day plays then theatres should be allowed to open Sundays with option of closing Mondays. Basil Dean, who presented visio's first full-length play broadcast di- rect from the theatre, said he was ■ kreat believer in television as an aid to legit, but latter should have same rights as BBC. Also rooted for option to close any other day than Sunday. flans for Reviyals On B'way Now Vagoe; Lyric Posts 5G Equity Bond A number of revivals, planned on Broadway for late spring because of the World's Fair, now appear to be Tather vague and some mentioned have been cancelled. It's indicated that the Gilbert and Sullivan (4>erettas will again be absent from the late season boards, no native or- ganization being rated able to follow the lyOyly Cartes. The English G. & S. exponents flourished at the Beck until recently and are currently on. tour. New light . opera organization known as the American Lyric thea- tre appears definitely slated for ac- tivities, tiie group having deposited $5,000 with Equity to guarantee salaries. Lyric outfit is offering sub' scriptions for the first three per formances of three attractions, first of which is dated for May 18. First presentation will be The Devil and Daniel Webster.' It will be followed by 'Susanna Don't You Cry,' described as a musical romance based on the melodies of Stephen Foster. Third on the bill is a ballet which will feature 'Pocahontas' and ■Billy the Kid.' These nine per- formances make up the schedule at present, but there may be additional showings dependent on reception. People well known in music circles and socialites are associated with the Lyric venture. Edward R. Wardell is president; Thon)as M. Mclnnemey, Dr. Carleton Sprague Smith, Dr. Thaddeus Ames and Mrs. Arthur M. Heis are other officers. Others are Richard Aldrich, R.' E. Jones, man- aging director, and Lee Pattison, musical director. Board includes Nelson A. Rockefeller, Mrs. Law- rence Tibbett and Angier Biddle Duke. Cooper-Merivak WiD Tonr Bams; Sked Kats' Gladys Cooper and Philip Meri- vale will tour a number of strawhat theatres this summer, co-starring in 'Spring Meeting,' in which Miss Cooper appeared on Broadway this winter. Among the spots they will play are Ann Arbor, Westport, ML Kisco, Dennis and Newport, While at Dennis , they will-try out Keith Winter's 'The Rats of Norway,' in association with Richard Aldrich. They may then bring the play to Broadway in the fall, doing it on their own. Miss Cooper appeared in "Rats' in London several years ago, but it has never been done in the U. S. Sev- eral managers have held options on it, but subsequently relinquished it IMAT TO PflRADE IMy May Be Forced to Change IN B.O. DISPUTLl ^ ^ ^^^^ ^^'^ IMONS HUDDLE ON SUNDAY LEGfT Although Equity at its recent quarterly meeting in New York voted in favor of Sundays, the ref- erendum has not been sent to the general membership. That s(ep awaits the consent of other theatre unions that Sunday performances should be tried during the World's Fair period. Meeting of all factions concerned was held at the Astor hotel yester- day (Tuesday) evening after press time, it i>eing expected that accord favorable to Sunday performances in legit would be voiced.- Present were representatives of the League of New York Theatres, locals of the stage hands and musicians. Theatrical Managers, Agents and Treasurers, and Equi^. Crux of Sundays, which were le- galized in New York, is extra pay. To date Equity has insisted on double pay for such appearances and the other unions have asked for similar terms,' but some imion leaders have stated that if the actors withdrew their Sunday salary requirement^ the others would follow suit Equity resolution on Sundays stip- ulated that the referendum, if fa- vorable, would apply only if the other unions assented, and it was decided .to withhold the ballots until that assurance was made. mAN' FOLDS; B.O. OFF WHEN LAWRENCE QUIT Chicago, April 4. Road company of 'Susan and God,' which has been headed by Jessie Royce Landis since Gertrude Law- rence left the troupe, folded Satur. day (1) in Fort Wayne, Ind. Despite bife success of show in. Chi and other towns, piece failed to spark at the boxoffice after Miss Lawrence's departure. To Examine Shnbert In Loftus' 50G Snit Federal Judge Mandelbaum yTrV day (31) granted an application of Cecilia Loftus for the examination before trial of Lee Shubert in New York. The actress is claiming $50,000 per- sonal injuiries suffered in a fall in the Shubert theatre in Boston, Feb ruaiy, 1938. Union, Unable to Get Work- ing Agreement with Expo, Lajring Plans for Mass Picketing—Wanto Boxof- fice and P. A. Jobs for Members—Claims Union- ists Will Not Pass Lines EXPO'S LOWER SCALE Theatrical Managers, Agents and. Treasurers Union is reported plan- ning to picket New York's World's Fair, which was expected to provide at least 200 jobs for members during the slow months of the season. TMAT has been unable'to obtain a working arrangement with, the man agement Union's main complaint is the refusal of the Fair to put on its people as ticket-sellers. It also was anticipated that some members would he engaged in the press de- partment In answer. Fair people said it has a bureau for the disseminating of news, not a publicity department, and therefore is using newspaper- men, not press agents. Stated, too, that the Fair has already engaged ticket sellers who are being trained and who are to be paid $30 weekly, TMAT scale having been set for $56. For that reason, plans are being made by TMAT for mass picketing along a scale far greater than that attempted on Broadway last season. It's figured that unionists employed at the Fair will not pass the picket line. Current week is scheduled to hold various sessions of the TMAT. First session with the League of New York Theatres (managers),- for the purpose of changing certain pro- visions in the basic contract for next season, has already been held. Prin- cipal change asked is dropping the arbitration section. Union wants cases of dispute settled by mediation through the State Labor Relations Board. There is to be a conference over renewing the basic agreement with Madison Square Garden, also (Continued on page 52) It's the Nuts Application will be made in N. Y. siipreme court today (We±) by the Federal Nut Co., Inc., to examine Moss Hart and George S. Kaufman before trial, in connection with a $24,500 suit against them and Sam H. Harris. Plaintiff, 'which 'wns the 'Chock Full O' Nuts' stores, claims libel in the 'Fabulous In- valid' play against its 42d street store. SrOMC LOOKS FOR lYNIDN' SHARE Guthrie McCUntic, co-producer with Gilbert Miller of the Edward Sheldon-Margaret A y e r Barnes drama, 'Dishonored Lady,' expects to re(ieive a share of the proceeds if and when the authors collect their $532,153 damage verdict in their plagiarism suit against Metro, based on the "Letty Lyntoh' picture, Case is now being appealed. Because of his close friendship with-the authors: McClintic expects they will make some sort of an ad. justment with him. Since the case involved copyright- infringement, McClintic is not' di- rectly involved. However, he fig- ures that Metro's alleged piracy of the play with the picture .'Letty Lynton' destroyed its value as a pos- sible property for screen rights pur- chase. Since the producer was en- titled to half the proceeds of a film buy imder the old minimum basic agreement, McClintic figures he and Miller should receive a share of any monetary damages paid by Metros That would be as compensation for the loss they presumably sustained when the alleged plagiarism de- (Continued on page 52) Sherweod Squares lincoh' Will Play Through Summer, 'with Scale Cut for World's Fair Crowds Equity's Council did not figure that the Playwrights could square the protests over the announced plan to interrupt the smash 'Abe Lincoln in Illinois' at the Plymouth, N. Y., in order to use the leads in picturizing the drama. However, when Rot>ert E. Sherwood, who wrote 'Abe' and is of the author-manager group, completed bis remarks last week, the actors were mollified. Sherwood prefixed his address by declaring that the five playwrights combined primarily to devote them- selves to the stage. The dramatist reiterated that 'Abe' is of special significance at this time in the opin- ion of his associates and others, which is the reason that its patri- otic message should reach a wider audience than possible through the stage version. Sherwood announced, however, that provision had been made for the cast, claiming that had been agreed on prior to the film deal, despite the fact it had been orig- inally understood the show would shut down during the summer. Not only will 'Abe' play through the summer, but the ticket scale will be reduced' with the idea of meeting the pocketbooks of the World's Fair crowds. All in the cast are to get two weeks' vacation with full pay, understudies being given a chance to appear thereby, with the latter getting extra compensation. Aiiswering the complaint that the film of 'Abe' would curtail the chances of a long engagement on the road, .if not on Broadway, Sherwood said the Playwrights are taking a chance, too. He explained they might lose big money if the picture does not measure up to expectations, indicating that the managerial end is counting on a percentage of the profits. It was also stated that the film version of 'Abe' will not be released until 1940, but what date beyond New Year's is not set. There is a chance that Uie play will resume on Broad- way after the film is completed, and there are definite stipulations cover- ing the showing of the picture while the stage show is on tour. Most im- portant is that the film will not be . show:n .in ^iny jjtand J).rier to the play, if booked, nor shall the picture play day and date against the stage pres- entation. The 'Ek)uityites were impressed by Sherwood's address and requested that he supply the typed script for usage- in the association's monthly. It will hi in rebuttal of the mag's editorial attack agatast shortening the run of a hit In deference to the picture version. Changes In working conditions of actors in New York's World Fair shows are deemed necessary because of lack of unifonhity between va- rious exhibits and concessions. It was generally conceded that a seven- day week would apply, but excep- tions have cropped up, chargeable against Equity's committee which established two sets of rules. At least one concession slated for a show was cancelled because of Equity's rule calling for a six-day week. Sunday appearances are not involved, rule under question pro- viding for one day's rest in every seven. Equity apparently Is cognizant of the muddled situation, but has not been able to adjust it Iiecause of ob- jections by certain committeemen. There is a growing belief that work- ing conditions which apply to one exhibit, or concession, should go for all. In an effort to straighten out the regulations, a meeting with the American Federation of Actors' fair committee is slated and may pro- vide the opportunity for Equi^ to also accept the seven-day rule, which will apply to all concessions save the few under its jurisdiction. What b Legit It was agreed, that Equity have the say over certain types of exhibit shows or spectacles. 'The error was made when the committee ruled that such concessions are legit shows, though it has become clear that there is little or no similarityi either in .the . type of presentation, running time or price of admission. By re- garding the shows legiters, they were believed to come under the New York state law, requiring one day's rest weekly, which does not apply to other amusement forms. Show which emphaisized the di- vergence is 'Railroads on Parade,' slated to be the biggest of the com- mercially sponsored .specs, which goes into rehearsal Monday (10). Under the rules set by equity, if Sundays are played there is to be one day's lay-off. Previously seven days had ° been okayed for the Shakespearean tab at the fair, com- mittee .explaining that it did not care to make its newer rules retro- active. However, there is virtually no difference in running time, so the spec itself is regarded as the tab variety. Also the admission is the same, 25c. In addition, the railroad show people were aggravated by other conditions imposed, but did not ob- ject to the pay mlnimums. For the spec, the players must be paid dur- ing rehearsals, and another Icsit show condition requires the pos.ing of a salary bond -so that at least two weeks' pay is guaranteed. When one show cancelled and others looked likely to follow. Equity leaders then realized that a move to change the rules to conform with all shows at the fair was the logical solution. THEATRE AUTHORCTY'S CHARITY FUND, $17,000 Theatre Authority now has $17,000 in its treasury to be distribu'ed among the various participntin:; the- atrical charities. Aiherican Fed- eration of Radio Artists and ''^e American Guild of Musical Ar:'r.'.s are setting up funds to . care for needy performers in their fields snd will come in for a share of the stake. Members of both groups have been cooperating with TA for some time. Other organizations already par- ticipating with TA include Eouity, Chorus Equity, Actors Fund. Utrrfi Relief Fund, American Feder-.t'on of Actors, and the Jewish. C"""i'ic. Episcopal and' Ne'gro' A'ctors" r-"'ds. Hollywood has its own Motion Pic- ture Relief Fund, In which all the talent guilds participate, while the writers' branch has its Authors* League Fund. Both are independent of TA. Anticipated that the newest cut In WPA appropriations will result in a drastic increase In theatrical charity disbursements.