Variety (Dec 1939)

52 VARIETY LEGITIMATE Wednesday, December 6, 1939 Ticket Code Setup .Continued from paee SI. gestion of the agency people. The provision called for keeping all. upper floor tickets from the brokers until within 48 hours of performance; It was. argued that such procedure might encourage the sale of such tickets at the boxoffice, but would not keep such sales out of the hands of diggers. Pointed out, too, that this idea would likely be okay for the hits, but the moderate successes, which need agency support, would suffer. Brokers contended, too, that their clientele prefers buying tickets from them rather than direct, for reasons of convenience, charge ac- counts and other accommodations. Balcony, tickets priced less than ?1.G5 are not to .be handled by the brokers. One report had it that the Drama- tists Guild had some criticism of the code, but although a copy had been sent the authors' heads, no written reply had been received early this ■ week. Among the comments credited to the Guildites was to the effect that Equity has assumed too much voice on matters pertaining to the front of the house and was 'trying to lun show business.' Possible Penalties Under the code, the matter of penalties was not agreed upon so has been relegated to the 'enforce- mepf authority' and the impartial trial, board. It was not considered - 'important that such a grant of power be made. Without fixing a minimum or maximum penalty the code pro- vides that either the authority or trial board can: 1. Order a manager or broker to pay the League a sum, regardless of whether a profit was made, in a transaction ruled to have been an in- fraction. 2. Manager or ' broker can be ordered to pay a sum plus an ad- ditional amount to offset any ad- vantage gained by any practice ruled to have been a breach of the regu- lations. 3. A manager may lose the right to make allotments to brokers for a par- ticular attraction or attractions from which the offense arose. 4. ..In the case of a broker, loss of privilege to handle tickets for a par- ticular attraction for a fixed period «f time, or permanently. 5. A manager may be ruled out as no longer entitled to the benefits of the code for a fixed period, or permanently. (If the latter, the manager would be forced out of business. Same goes for a broker who is ruled out permanently.) 6. Managers could be expelled from the League, membership con- curring. 7. Managers and brokers may be required to suspend or discharge em- ployes for violation of code provi- sions or regulations. All signatories, whether managers or brokers, agree, upon acceptance of the code, that the judgment of the authority or the trial board, in ordering the payment of penalties, shall not be subsequently ques tloned or attacked. Decisions made pursuant to the code shall be anal and binding upon all parties signna- tory to the code. Agencies will be required to pay the League's enforcement fund, which will also receive penalty monies, 3 cents each on all tickets sold at a premium (slightly less than last season). .The money is to- be used for policing and enforcement; cost of arbitrations and hearings; cost of a central telephone informa- tion bureau; expenses of Equity in conducting investigations for the purpose of enforcing its own rules; any legal expenses incurred in preparation and administering the code; indemnity to the League, its members, Equity and its members, accredited brokers for judgments against, them which may be obtained by persons attacking the validity of the code. Rules are set for the payment of the League of all ticket levies which are past due. Six monthly installments are required at the rate of 2 cents per ticket. Out of the 3 cents levy under the revised code, 1 cent is to be placed in a special account. League is to regu- late Its enforcement budget and set up a reserve fund so as not to in- volve expenditures from the special account, unless necessary. If by Sept. 15, 1940, the budget shall not be e.xceeded and there remains a sum equal to, or in excess of the reserve fund, accredited brokers are to receive a proportionate amount from the special account. Authority's Authority Enforcernent authority shall con- sist of four persons, two appointed by the managers and two by Equity, such board not necessarily being permanent. Authority is to hear all complaints against brokers for violations of the code, to hear com- plaints of brokers in the matter of allotments, to hear complaints against managers before same shall be submitted to the trial board, and attempt to adjust the complaint to the satisfaction of a majority of the board.. Authority also may review the allotment of tickets to brokers and change such allotments to the extent permitted under the rules; to issue a direction or subpoena to compel at- tendance of parties to the code, their employees, witnesses, the production of books and records pertinent to the inquiry or hearing. In cases where the authority does not agree, the complaint will be put up to the trial board of three, one chosen by the League, one by Equity and the third to be agreed on by both. ... If they fail to name the third mem- ber, same shall be selected by the American Arbitration Association. Upon notice, both the League and Equity are to name their arbitrators. Manager or broker against whom charges may be made can object to persons named to the trial board and may himself designate a siibstitute, but that must be done within 48 hours. Complaints against brokers shall be handled by the enforcement authority, decisions of which cannot be appealed. Complaints against managers not disposed of by the au- thbrity are those which are to be considered by the trial board. The manager shall determine the number of tickets to be alloted the brokers, although at least 25% of the total capacity shall be kept in the boxoffice for direct sale. However, if it Is shown that any broker favored by the manager is guilty of practices contrary to the code, or has an ab- normally large percentages of ex- changes or sales to other agencies the allotment will be corrected and tickets more 'equitably allotted' Brokers are to receive tickets. based on their. proven ability for selling, In cases where the enforcement au- thority or trial board are used to settle such matters. The ability of brokers to sell for attractions not in the standout class is to be considered, Brokers will be required to post a bond or cash with the League to the amount of $500 to show faith in signing the 'declaration of coopera- tion to adhere to the code of fair practices'. There are safeguards against 'steering' and pavement sales of tickets. Brokers also must not show favoritism for one attraction against others. A number of other provisions are retained from the first code. Tickets sold at cut rates are not covered by the regulations. 4 Shows Scram Scandals' closes at the Hollywood, N. Y., Saturday (9), at which time it will have completed a 15-week Broadway run, which started at the Alvin. Revue has done moderately well and shows an operating profit. Grosses went to around the $27,000 level and recently the takings ap- proximated $20,000. Road is figured to be a natural lor this musical. GEORGE WHITE'S SCANDALS Opened Aug. 28, 1939. Sea- son's flrsl musical was accorded a tepid reception. Mantle (News) snid 'lists to the cheaper bur- lesque side.' Anderson (Journal) said 'quietly old-fashioned.' Va- riety (Ibee) observed 'should do well.' Thunder Rock' was taken oft at the Mansfield last Saturday (2) after playing three weeks less one night. Drama drew little coin, although ac- corded favorable follow-up press. THUNDER ROCK' Opened Nov. 14, '39. Robert Ardley's fonrth play as produced by the Group Theatre was ve- toed by the critics, who found the- author a 'promising play- wright* who had yet to torn out a eooi play. Brown (Post) thought It 'silly and painfully obvious.' Watts (Tribune) de- scribed It as 'an honorable fail- ure.' Variety (Kobe) said, 'slira prospect for Brgiadway.' 'I Know What I Like' was yanked from the Hudson Saturday (2) after playing a tepid week and 'two nights. 1 KNOW WHAT I LIKE' Opened Nov. 24, '39. Thb Justin Sturm comedy about a sculptor was unfavorably re- garded by all critics with the ex- ception of Whipple (World-Tele- gram). Wlnchell (Mirror) said, 'a bore with no action whatever.' Whipple (World-Telegram) de- clared, 'It has many moments of charm.' Variety (Ibee) said, 'script Is dull . . . comedy with- out laughter.' 'Straw Hat Revue* ^vas another weekend fold, going oft at the_ Am- bassador after 10 weeks. Show from the sticks drew moderate grosses,- but hardly bettered an even 'Break. 'STRAW HAT REVUE* Opened Sept. 29, '39. Opinion was divided on this Shubert strawhat Import, Mantle (News) heralded It as 'best Informal type of entertainment since the 'Garrick Gaieties.' Whipple (World-Telegram) said, 'will have to be ruthlessly revamped to win anquallfled recommenda- tion.' Variety (Ibee) com- mented, 'should get by.* Oul-of-Town Play Legit—Fair . Continued from pace 51. RED BUMBLEBEE San Francisco, Dec. 5. Romanllc di-ama by Robert L. Cralff. pre- acnieJ by Arch Sclwyn and Luther Greene; feature!) Leo Carrlllo. Tamara Geva: aiaRed by Clirtord Brooke: nt the Curran, San l**rani;l!ii:o, openlns Dec. 4, '30. 'Bumblebee' will not buzz long. Historically inaccurate, slow, un- imaginative, lacking in humor and dramatic highlights, it serves only to emphasize Leo C^arrillo's proven ability in Mexican badman roles. Tamara Geva is attractive but over- dramatic and unconvincing as Lola Montez, whose romance with Muri- etta, the bandit, was the tiasis for this play. Set and costumes okay. Best sup- port comes from Barlowe Borland, as Lola's husband, and Albert Morin, as Pablo. Speculation is rife as to why Carrillo ever chose to appear in so weak a carbon of the colorful Murietta. Possibilities are nil. Arch Selwyn and Luther Greene are presenting. Following opening tonight (Monday) at the Curran the- atre here, tour of 10 weeks is sched- uled. Pot Films—B'way Continued from page 51 ', hotels went into the red by boosting rates and chasing permanent guests away. Tourist agencies made elab orate plans, but quickly curtailed such activities. Before the Fair opened it was estimated that 50-60,000,000 would attend, but the final count was around 26,000,000 paid admissions What with the coming of the war, no estimates have been made for the second Reason. Records show that only one major exposition drew more attendance the second year than the first. That was the Paris World's Fair, which had 24,000,000 visitors in 1899 and increased to 30,000,000 in 1900. According to Market Analysts, which made a survey of the exhibi- tions, the transportation area was the most popular at the N. Y. Fair the Initial season. One out of every five visitors saw the Town of Tomor- row,' General Motors free exhibit. Of the total number of Fair visitors, 22% attended more than twice. One out of every six was a member of a profession, 50% owned motor cars and five-sevenths of the visitors had incomes of more than $2,000 per year. of New York Theatres met for the purpose of considering the pact and none is likely in the near future. Picture people who anticipated favorable ' consideration by produ- cers, state they are unable to under- stand the -managerial attitude. The showmen, however, say that as the film end has shown little interest in the agreement, there is small rea- son why they should signify ap- proval. Most of the picttire execu- tives who negotiated over , many months with the Guild committee and the managers regsird the last minute changes, made by the Ciuild, without consulting either of the other factions, as the move that up- set the applecart. With the Hollywood-Broadway pact apparently cold so far as the sought-for results are concerned, it is now hoped to reopen negotia- tions to iron out the points of differ- ence. That Is hardly impossible, and whether, a more acceptable arrange- ment can be worked out so that pro- duction would be stimulated this season is problernatlcal. Only com- ment made by the League after the pact was tabled was that It appeared to be impractical. Present agreement with the Guild was signatured by producers individually. That would be required if the pact Is accepted, but any number of showmen and corporations which originally signed have dropped out of the legit field. Agreement which was signed in 1936 has an expiration date of Feb. 1, 1941, and is subject to possible re- vision prior to that date, as Indicated by the apparently aborptlve efforts to. revise the regulations cohcernihg production backed by film money. Dissatisfied Authors Some dissatisfied associate authors in the Guild want to find an out so that they may withdraw and do business with picture companies, either as a separate organization, or individually. A film firm is said to have been offered a plan from such a writer, latter saying he is willing to resign from the Guild if the pic- ture people will finance his scripts. Proposal was declined on the reputed grounds that the picture concern did not wish to be charged with foster- ing unrest within the Guild. Officials of the picture companies, led by J. Robert Rubin, of Metro, object to two phases of the so-called Wharton-WUk plan. They want the right to withdraw from a deal it they decide the legit show has little film prospects. That would amount to having an option to purchase, rather than an obli^tion to do so. That has been one of the points at issue from the beginning and the Guild has steadfastly refused to make a con cession in the matter. The other point opposed by the picture companies concerns the for- mula for closing a show, which the studio executives claim is too se- vere. But while film company offi clals regard the whole plan as un- ,.favorable to them, the Guild coun cil members are said to feel that it is too favorable to the picture end. Elmer Rice, who recently succeeded Robert E. Sherwood as Guild pres Ident, is believed to be opposed to the plan, so if it isn't approved by the signatory managers and put into effect now, there's little chance of It's being adopted at any other time. The chance of concessions by the Guild Is regarded as virtually non existent That would appear to leave the whole situation as is until the pres- ent minimum basic agreement ex- pires in February, 1941. EQUITY OK'S 2 LTC CLOSINGS Legitimate Theatre Corp. again asked Equity for concessions de- signed to aid the road engagements of t\yo of its four attractions and this time was more successful. Arthur Oberfelder, who operates LTC with Fortune Gallo, appeared before the council in regards to 'What a Life' and 'On Borrowed Time,' which, be- cause of booking lapses, are forced to suspend touring. Oberfelder asked that his outfit be permitted to close 'Life' five weeks nstead of four, and that the layoiT of 'Time' be for seven weeks. Coun- cil ruled okay with stipulations. Half salaries are to be paid the cast of Life' for the fifth week. In the event that part' of that week be played, regular salaries' apply for the per- formances given and 50% pay for the dark nights. Management agrees that the tour will continue at least four weeks after suspension. As the layoff of the 'Time' com- pany is within one week of the usual eight-week period, after which closed attractions- may resume with special requirements, there will be no salary liability.. However, LTC must post a definite closing notice when the show stops in Syracuse next week, thereby releasing all players. Management, however, must e-engage all players who desire to reopen with the show and there shall be no salary reductions. LTC, in starting a new system of playing the smaller stands by means of guarantees, have faced a number of problems, not all of which have been solved. Major difficulty has been the sp(>tting of pic^re versions of the plays toured. Intention is to play the road similarly next season, but plays will be selected which will not face' similar difficulties, if pos- sible. Eva LeGallienne, in Ibsen dramas, and 'Golden Boy' are easily the most successful of the LTC at- tractions. Shaw Prepping 'Siesta' Hollywood, Dec. 5. Irwin Shaw is . dramatizing Charles Kaufman's novel, 'Siesta in Manhattan,' for Broadway production In March. Book was published six months ago by Morrow. Shows in Rehearsal The Unconqnered' ('We the Living')—George Abbott. 'Christmas Eve*—Guthrie Mc- Cllntlc. The Man Who Killed Lin- coln*—Joseph W. Gaites. •Billy (Tony) Draws a Horse' —W, A. Brady. 'Kindred'—Edward Choaite. 'The White Plume'—Shuberts. .'Easy Virtue' (revival)—Al- dri.ch and Myers. 'John Henry*—Sam Byrd. The Man Who Cama to Din- ner* (Chicago Co.)—Sam H, Har- ris. 'Once Cpon a Time*-Hal A. Salzman. 'Carrlbeah Cruise '—Donald Heyward. Current Road Shows (Week of Dec. 4) 'A Night at the Moulin Rouge'— Grand Opera House, Chicago. 'Abe Lincoln In nilnols' (Raymond Massey)—Cass, Detroit. 'Blossom Time'—Playhouse, Holly- wood. Colbonme-Jones (repertory)—Em- pire, Edmonton (4-6); Grand, Cal- gary (7-9). Eva Le Galllenne (repertory)— Liberty Hall, El Paso (4); Temp..' ot Music and Art, Tucson (5); High- school auditorium, Phoenix (6); City Auditorium, Long Beach (7); Phil- harm'^nlc auditorium, Los Angeles (8-9). 'Foh.'s Bergere'—El Capltan, Hol- lywood. Hot. Mikado' (Bill Robinson)— Ford's Baltimore. 'I Married an Angel* (Dennis King) -Auditorium, Dallas (4-5); Audito- rium, Ft. Worth (6); Music Hall, Houston (7); Auditorium, Beaumont (8); Paramount, Austin (9). 'Kiss the Boys Goodbye'—Royal Alexandra, Toronto. 'Leave It to Me' (Victor Moore, William Gaxton, Sophie Tucker)^— Auditorium, Chicago. 'Mamba's Daughters' (Ethel Waters)—Nixon, Pittsburgh. 'My Dear Children' (John Barry- more)—'Selwyn, Chicago. 'No Time tor Comedy' (Katharine Cornell)—Convention Hall, Tulsa (4); Forum, Wichita (5); Municipal auditorium, Kansas City, Mo. (6); Technical Highschool, Omaha (7); Shrine auditorium, Des Moines (8); Orpheum, Davenport (9). 'Outward Bound' (Laiirette Taylor, Florence Reed)—Harris, Chicago. 'Red Bumble Bee' (Leo Carlllo)— Curran, San Francisco. 'Seventh Heaven' (Charles Farrell) —Lyric, Richmond (4-6); Playhouse, Wilmington (7-8); Lyric, Allentowii, Pa. (9). 'Springtime for Henry' (Edward Everett Horton)—Erlanger, Chicago. 'Taming of the Shrew* (Alfred Lunt, Lynn Fontanne)—Biltmore. Los Angeles. Tobacco Road' (Slim Timblln)— Plymouth, Boston. Tobacco Road* (John Barton) — Community, Chattanooga (4-5); Oi- phcum, Memphis (7-9). Tonight We Dance* (Ruth Challer- ton)—Locust, Philai'.elphia. 'When We Are Married* (Alison Skipworth)—Wilbur, Boston. 'White Steed*—National, Washing- ton.