Variety (Aug 1939)

Wednesday, August 30, 1939 LEGITIMATE VARIETY 41 '39-40 LEGIT LOOKS VAGUE Producers Blamed for Pass Evils staling that the sale of passes is serious competition to the boxoffice, the League of N. Y. Theatres, in a letter to members, opines that pro- ducers and house operators themselves are to blame. Identities of U persons peddling compliinentarles are claimed to be known. Among the gentry said to be practicing the illicit trade are a whiskey salesman, a shoe clerk, a butcher, and handlers of due bills, who, it is alleged 'make more than a living' through such 'business.' Their stock in trade comes from tickets given in exchange for notices or ads in suburban papers, bundles of punched (tax exempt) tickets dis- tributed by the bouse and the complimentary list. Also, a tip on clothing sales, a bottle of Scotch slipped across the window occasionally, a leg of laihb, a turkey or a ham sent over to the house have quite often resulted in the promise to "leave two in the name of so and so for tonight.' This is considered legitimate and not particularly vicious. But when such courtesies are sold for cash, that's different. Recommended by the League that passes given in exchange for ad- vertising be discontinued, it is being argued that such publicity prob- ably has little value. It!s claimed that one secretary to a drama critic Is getting substantial coin from free tickets; also, that phoney requests come by telephone from 'officials' and others. All such caUs should be checked back, it's suggested.. That the League adopt a rule limiting the free list to working press and employes has also been urged. Broadway Brokers Seek Elimination Of Pass Sales; Push Refunds on Tax Ticket brokers, awaiting the new season, are devoting their time to relevant matters, including correc- tion of a pernicious practice, that of selling passes. They are also seek- ing the refund of money claimed to have been paid the League of New Yorlc Theatres in excess of the amount required, such coin being a 3'/2C per ticket, which went towards the enforcement of the code. Indicated that the managers will make the refund. When claim was registered, the League put it up to Ecjuity, since the latter is a partici- pant in. the code operation. Equity tossed the matter back to the League, stating that if the managers wanted ■compTy'Tvithr'the"brOK'ers'"aeiflaHa;- the association had no objection. It appears to be just a matter of when the two sides can get together. Brokers claim around $6,200, there being about $7,800 in the 'enforce- ment fund.' Complaint about selling passes has cropped up from time to time, the League now entering the picture in the expectation of stamping out the practice. Cut rates have been af- fected by pass-sellir^ and other agencies are similarly^rfn sympathy with the move. Most of the practice is done by telephone and is regarded as a racket. Prices paid by recipients vary, but the usual rate is $1 a cajr. Buyer Is given a name wbich he uses at the boxoffice to secure the ducats. It's doubtful that the ticketsellers are in on the scheme. Several manage- ments have clamped down on passes with instructions that care be exer- ci.?€d in issuing such paper, in an attempt to throttle the racket. Before trying out 'It Shouldn't Happen to a Dog' several weeks ago at the Long Beach, L. I., the- atre, producer Eddie Dimond and author Sidney Lieberman combed the New York phone book to make sure there wasn't actually a person named Dr. Max Him- melfarb, the central character in the play. Last week Dimond received a letter from a Dr. Max Himmel- farm, of Portland, Ore. Writer explained he had seen a review —o£—the—tryout-in Yabieiy ..and _ would appreciate a pass when the show reaches Broadway. Added he would 'be glad if you would allow me to recommend it to my friends.' IMM MAY REOPEN WITH NEW MATERIAL 'From Vienna,' refugee revue which closed at the Music Box, N. Y., Saturday (26) after 10 weeks, may reopen with new material. Show drew mild grosses but sufficed to help the refugees though the house operated in the red. with the staff dropped about $1,000 last week. _ 'Vienna' cost very little produc- tively, while sponsors put up around $12,000. Contributors included S'am H. Harris, Beatrice (Mrs. George S.) Kaufman, Moss Hart, Irving Caesar and the late Sidney Howard. Under- stood there was enough left in the kitty to pay off when the show dropped about $1,000. Stated that the revue would have continued, but that the house was needed for the production of the new Kaufman-Hart play, 'The Man who Came to Dinner,' which will nave Monty WooUey in the lead. Show is due to open In Boston Sept. 25 and will then be brought back to the Music Box Oct. 10. 'Why Do You He, Cherie," another refugee show, set back some weeks ago, is now due at the Adelphi, N. Y,, Septa. M. D.'s Trailer Rumor B. 0. Men Would Quit TM AT For Stagehands A flock of assorted rumors con- cerning the Theatrical Managers, Agents and Treasurers union per- meated Broadway during the past week. Some reports were that the treasurer segment had determined to duck out of TMAT in a body and secure a charter in the International Alliance of Theatrical Stage Em- ployees, the stagehands union. Un- derstood that such a move was okayed by , a showman whose pur- pose Is to disrupt the union and therefore get rid of the TMAT" re- quirement that there be one house manager for each theatre. Before TMAT that showman had one man handle two or more houses. A special meeting of the TMAT board was held Monday (28), when it voted to continue jurisdiction over treasurers and to resist any invasion of the fields it covers. Also adopted was a resolution that if any juris- dictional grab is attempted that TMAT will protest at the annual con- vention of the American Federation of Labor to be held Oct. 2 in Cincin- nati. Also voted that announcements be sent the press denyhig reports that lATSE had issued a charter to the treasurers, or is about to do so. One report, however, is to the effect that George Browne, lATSE head, has such a charter ready for possible issuance. There are three treasurers on the TMAT board. It may be significant that none voted on the measures passed, though they dfenied that their ((Continued on page 46) LABOII CRISES Most Broadway Managers Holding Off Plans Pend- ing Solution of Stagehands- Equity Row—-Cessation of All Shows Possible H'WOOD B. R. HURDLE With war clouds over Europe and a stage labor battle impending, the outlook for the 1939-40 legit season is anything but active. There is but little production stirring, most man- agers holding plans in abeyance be- cause of the stand taken by the stagehands union which may involve all actors. E^iuity may be particu- larly affected because of the impasse over Sophie Tucker and the post- ponement of- the resumption of "Leave It to Me.' The uncertainty of what may hap- pen in the legit field, with the show's reopening slated for Sept. 4, appears to have show business wing- ing- If the stagehands refuse to man ■Me,' unless Miss Tucker is per- mitted to appear, a cessation of all- shows is possible, including those already running on Broadway, De- clared that if the stagehands strike against 'Me,' every actor in the Coast studios will be called out in retali- ation, because there are many tech- nicians-on the lot belonging to lo- cals of the International Alliance of Stage Employees. The lATSE, how- ever, states that its own offensive would be restricted to the Vinton Freedley musical. lA appears to have gone too far to retreat, while the actor unions are united in opposing the encroach- (Cbritihued on page 43) GOLDEN RECUPERATING; 'SKYLARK' OPENS SKED Johii Golden, who was reported seriously ill, is appearing in his New York office several hours daily, after being home for a short time with a leg affliction. The producer last spring required treatment for sev- eral weeks when the membrane of one eye was penetrated. Golden's first show of the new season will be 'Skylark,' with Ger- trude Lawrence starred, due at the Morosco Sept. 26. Date, however, is dependent on the union situation. Play was tried out on the road last season and in summer showshops. 'Scandals Ticket 'Buy Precipitates Wrangle Between Managers, White; loans Are Defended by Producer FLEMYNG QUITS 'COMEDY' Leaves for London Show, Toin Ilell- more Replacing Robert Flemyng, who left the cast of . 'No Time for Comedy," at the Barrymore, N. Y., last week, sailed Saturday (26) for London to do a show. Before leaving he was tested by Metro. Possible he may return in the fall to do a new play for Guthrie McClintic. . Tom Hellmore, who made his U. S. debut last winter in a road tryout of. John Golden's production, 'The Birds Stop Singing,' went into Flemyng's part in 'Comedy' Monday night (28). He was offered the same part last spring, but nixed it then. He planed to the U. S. on the Clip- per to rehearse, but indicated he will return to England at once in case of war. Equity in Denial Of Bias About Bam Guarantee Criticism of Equity's requirements in the bonding of managers to guar- antee payment of salaries has been voiced, particularly among operators' of summer showshops. From that source it's claimed that Equity would accept bonds from only one surety company. Equity states that no such situation exists, explaining that the bonding company generally used has been supplying excellent service, to the welfare of players. This surety pays ofl! claims within 24 to 48 hours and members are promptly paid, whereas most other companies defer payment for one to two months, and not in- frequently have contested Equity claims in court. Association's staff declares it does not play favorites. It will not ac- cept salary guarantee bonds of other companie's, however, unless okayed by the legal department. Leading Bams, B way Producers Consider Rotary Sununer Stock Rotary stock companies for sum- mer theatres is being seriously con- sidered for next season, plans being outlined by several of the better known strawhat operators in associa- tion with Broadway producers. Should the idea materialize only the more notable rural theatres would be concerned, ts the more obscure spots, usually in barns, are not adaptable to such presentations. Although a number of summer shows have moved from one spot to anothei: intact, the rotary idea is somewhat radical for the sticks. Whether it will meet with the ap- proval of Equity is not certain, since it's assumed there will be fewer actors needed, while for years the summer theatres have been a refuge for many members. As for name players, the country showshops have proved a revelation this summer. Feature picture play- ers have fared well particularly and some grosses have been comparative- ly sensational. Indicated that most actors returning from Hollywood are more assured of steadier engage- ments in the country places than on Broadway, where the chances of landing ih a success are risky. Under rotary stock rules, not more than five spots could be in- cluded in one wheel. One such com- bination may fill the bill, but sev- eral circuits are probable. The smaller stands certainly would not be included, nor any of the numer- ous ventures which have drama school adjuncts. That would indicate that the large majority of hideways will operate much the same as here- tofore. There is little doubt that rotary stock is an economical idea, for the summer theatres, productively and otherwise. Aside from salaries, the only other major expense Item would be transportation. Each house would supply the productions, from uni- form plans and color schemes, so that companies moving from one place to another would find the sur roundi.ngs virtually aljke 'Scandals,' the first show of the new season, which opened at the Alvin, N. Y„ Monday (28), is slated to rip wide open the argument over Broadway theatre ticket control. Producer of the revue, George White, Is reported having entered into a.buy with the Associated The- atre Ticket Brokers, deal calling for 300 tickets nightly for 12 weeks. Buys are prohibited by the League of New York Theatres—Equity code, that practice being regarded as the principal cause for charging 'exces- sive' prices. ATTA, which is comprised of a score or more iso-called independent brokers, is signatory to the code, but the arrangement expires tomorrow (Thursday), and the league, which has administered the. control plan, has been unable to negotiate with the ticket people to extend the pe- riod because Equity formally de- ferred expressing itself as to fur- ther participation in the code. Equity has stated that the code would not be further acceptable to it unless radical changes were made. Latter, however, took time out from its battle with the stagehands union to okay ^n extension of the code un- til Nov. 1, but the managers have not acted on that proposal and the agencies were afforded a loophole to do .business as they saw fit. •Bay' Kept Veiled Because the lapsing agreenient had not actually expired, the 'Scandals' 'buy' was kept under cover. After this week, however, there may be -na_secrecy- a;bQUt. th e deal. Agen cy people figure that they had the right to make the 'buy,' which is sup- posed to actually start Monday (4), since they will not be obligates then by the code. Even if the code is ex- tended, they argue that the 'Scan- dals' matter is not an evasion by the same token. White always a factor in the ticket situation in former seasons, when he actively produced in the $5.50 and $6.60-top era, is alleged to be seek- ing a buy of around 500 tickets. In- dicated that in addition to the blocks arranged for with the indie brokers, another 200 would go to McBride's, Postal-Leblang's and Tyson's, the three, major agencies. Latter, it's reported, have indicated they will entertain ,a buy if the deal with the other brokers is not interfered with. Reported dctaiL of the 'buy' with ATTA include a wrinkle in the mat- ter of the 10% retu n privilege. Brokers may bulk the unsold tickets, which would be returned to the box- office. That should be mutually ad- vantageous and the chances of the agencies being stuck with unsold tickets reduced. One agency may have four or more tickets unsold, which may be more than 10% of its allotment, while another may sell all on hand. So, by bulking the re- turns brokers with more than the allowed unsold pasteboards will not be compelled to take a loss. League'4 Contention League has contended that by eliminating buys that brokers were (Continued on page 47) Ruth Chatterton, Shuberts, Jessel Dicker on 'Goldfish' Ruth Chatterton, who owns the rights to the Gladys Ungcr-Marcella Burke comedy, 'You Can't Eat Gold- fish,' has contracted with the Shu- berts for a Broadway presentation of the play. George Jessel is reported trying to buy in. She figures on put- ting it into rehearsal within a couple of weeks if the actor-stagehand union situation permits. Show will be recast, only Miss Chatterton and Barry Thompson, the male lead, being retained, Thomson has for the last several seasons been with the Lunts. He will not con- tinue that association.