Variety (Dec 1939)

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\re<lne8ilay, December 13, 1939 LEGITIMATE VARIETY Some Mgrs. Call Eqinty 'Unethical' In Upping Minimmn Wage to Not Expected to Hurt Production Equity pulled a fast one last week ■when its council adopted a rule up- ping the minimum pay. In legit from $40 to $50. Move came immediately after the ticket code was okayed for the balance of the season, carrying with it a basic pact that Equity will not change rules during that period. Because of that the actors were criticized, though the increase will not become effective until next sea- ton. The managers huddled, but noth- ing could be done "about the Equity action. Some showmen expressed the opinion that it was unethical, but whether boosting the minimum will ■ eeriously- - affect- - production was deemed problematical, since there are managerial ways to equalize whatever amount the boost in the p.iyroll may be. Equity responded to reaction fol- lowing the move by saying that the managers knew there was a commit- tee working on the plan ever since It'was proposed from the floor at the . last quarterly meeting.. Original pro- posal was to raise the minirhum'to $75 weekly, so Equity argues that the $50 level is a compromise figure. While negotiations on the code were on, the proposal to up the pay was .kept in abeyance, because it might have confused the issue arid it was nat believed that the matter would emerge from committee until later In the season, if then. Surprise Vote Known that some leaders In Equity opposed disturbing the minimum on the ground that any number of play- ers getting Intermediate salaries would be offered lesser amounts to make up for the increase to the low- est-bracketed people. The vote favoring the boost was therefore sur- prising. There were 23 members of council present, or nearly 50 percent of that body's whole membership, and although the voting in favor of the re.solution was not Unanimous, the tally was not far from that re- sult. The probable result of the in- creased minimum will be that actors who have been getting $60, $70 and up to $100, will be paid salaries closer to the $50 mark, if not reduced to that amount. Some producers have rarely contracted people at the $40 rate, even for the smallest parts, not caring to be known among the professionals, for using the mi imum privilege. Claimed that one reason for the Increase Is the tendency of some managements to engage a growing (Continued on page 50) Freedley, Jr., Authors Harvard's New Show Swinging Tinafore' Chicago, Dec. 12. Swing verf.ion of a second Gilbert St Sullivan operetta, 'H.M.S. Pina- fore,' Is being readied here under the general aegis of Bo Hebert and the Negro Light Opera. Co. Show has been In rehearsal for some time end is figured to open in the Great Northern shortly after first of year. Boston, Dec. 12. For the fir.st time in recent years the .Harvard Dramatic Club will present a show conceived entirely by students, when 'Too Late to Laugh' opens Thursday (14) at San- ders theatre, Cambridge. Vinton Freedley, Jr. ('40) is the author, of the play-with-music about modern New York life. Cast of nearly 200, music, 'mass rhythmic movement' and an archi- tectural framework to 'integrate the 24 scenes' are among the attractions. Student Freedley has also been prominent in Hasty Pudding produc- tions at Harvard for the past two years. 'Too Late to Laugh' is the 59th presentation of the Harvard Dramatic Club and will run three consecutive nights. REGAN TAKES $6,000 FOR'DUBARRr PACT Phil Regan is reported to have ac- cepted $6,000 in settlement of his run-of-the-play contract with 'Du Barry Was a Lady,' which opened at the 46th Street. N. Y., last week. His .<:alary was $000 weekly, and under the rules might have collected that sum weekly while the show, plays. Settlement represents pay for 10 weeks, Regan being free to accept any other engagements. Amount paid him will be charged to added production outlay by B. G. De Sylva, who produced 'Du Barry.' Regan, former Brooklyn cop, who warbled his way to attention In Hol- lywood, was given the term contract evidently without being heard in a theatre. When the show opened in New Haven it was discovered that his voice did not carry far enough back in the house, and Ronald Gra- ham was sent in to replace. It was realized that Regan used a micro- phone for vaudeville appearances. While there is amplification for cer- tain parts of 'Du Barry,' the mikes are on the level of the stage and only used to emphasize the tap dancing numbers. Indie Ticket Bookers Counsel Attacks Code; DuHzell Surprises By Denying Equity's Participation War Nicks Pay Of U.S. Actors Playing Canada ■ The war has caused-an unusual situation for American actors ap- pearing in Canada, because the rate of exchange is 10% under the value of the American dollar and salaries are actually that much less than con- tracts call for. Under Equity rules, salaries are payable in legal tender of .whatever country played, and last Saturday (9), when 'Kiss the Boys' was in Toronto, the cast received Canada's coin of the realm, which meant only 90c on the dollar. Equity explained that nothing could be done about it and that the show management is not liable for the difference. It is likely that next season's contracts will make provi- sion for such discrepancies, though the association has not heretofore considered the rate of exchange for appearance in other land.s. Usually contracts for foreign appearances specify the amount of salaries In whatever legal tender is used, any differences in exchange being equal- ized by negotiation prior to signing. As Canadian playing time , is re- stricted, little attention was given to the exchange rate. Before the war, actors benefited by exchange rate. Only stage unions said to cover the Canadian situation is for company managers and agents and stagehands, whose contracts provide for pay in the coin of the. realm, but to an amount equal in American coin. In addition to the 10% nick for legit shows, management is required to deduct for social security and must pay state compensation insurance despite the fact that the perform- ances are across the border.' 'Swing Dream's' Fold Cost Jean Rodney 80G Report that the Rockefellers in- vested in 'Swingin' the Dream,' which was withdrawn from the Center, N. Y., Saturday (9) after a week and four days, is denied. Jean Rodney, who was associated with Erik Charell in the production, is believed to have supplied the prin- cipal financing, presumably with the aid of her father, a Wall Strecler. 'Dream' cost around $80,000. MASSEY SAYS $3 TOP TOO HIGH FOR DRAMA Toronto, Dec. 12. High admission scales are holding back the legitimate theatre today as $3 top is bey^d the mfeans of the average active or potential theatre- goer; that is the declaration of Ray- mond Massey, touring with 'Lincoln in Illinois.' With the average pro- duction unable to exist without a minimum gross .of $12,000 a week, he says, the only solution is to build theatres seating 3,000 and lower the scale. ' He is opposed to state subsidies, and believes that the legit theatre must exist by public support. He credited the British theatre with splendid finesse in drawing-ioom comedy, but accused British play- wrights of being sterile in the art of creating those novelties and sur- prises in the drama which give the New York plays such a basic high rating for vitality. While the ticket code was revised with enforcement regulations to th« satisfaction of Equity and the man- agerial League of New York Thea- tres, it has drawn sharp fire from the ticket brokers. There is distinct doubt that it will be signed by them unless the agency people are given the opportunity to effect changes in the rigid rules of procedure, which they declare are impractical. Tuesday morning only one agency had signed up. League heads dis- counted the squawks from the brokers. Thursday the managers may listen to what the ticket men have to say but refusal to sign the code may result in allotments of tickets being -withheld- from - the hold-outs. In no uncertain terms. Gu.stav A. Gerber, counsel for the A.^sociated Theatre Ticket Agencies, the inde- pendent brokers not inclusive of the three major offices, sent vigorous protests to Paul Dullzcll, of Equity, and James F. Reilly, executive sec- retary of the League. Former re- mitted a surprising-response, said to be to the effect tha't Equity is not a party to nor signatory of, the code, and therefore is not giving consider- ation to the ATTA remonstrance. Generally known, however, that. Ditto Jean Mutr Boston, Dec. 12. Jean Muir, film player now in legit stock, as one of several guests at a theatrical luncheon of the Advertis- ing Club of Boston last week (5) de- clared that lower b.o. scales and lower salaries (including the stage- hands, if necessary) could be the salvation of legitimate drama in the U. S. SELWYN MAY WASH UP N. Y. TEMPORARILY Fast folding of Toreigner.s' at the Bclasco, N. Y., Saturday (9) may terminate Arch Selwyn's legit plans in the east for the time being. Frederick Lonsdale play drew a weak press and was yanked after seven performances. Boxoffice drew little coin, but it was proposed to keep the play on at least three weeks because of possible picture rights. Sclwyn had on arrangement where- by he was to produce several plays, backed by J. J. Shubert. Selwyh went to San Francisco to look over 'Red Bumble Bee' In yhich he is interested and which will be on tour for at least three months. Play, which stars Leo Car- rillo, drew a favorable press, in Frisco and Carrillo was presented with a medal from the mayor, which helped on the publicity end. Star makes his stage entrance on a white Arabian horse, with a golden saddle. With associates, Selwyn plans try- ing out several plays on the Coast, with Broadway the ultimate objec- tive. Hull Set for 'Name' Henry Hull, currently working in Edward Small's 'My Son, My .Son.' will return to legit immediately upon completion of the film. He'll co- Produce and star in 'By Any Other Name,' by Warren Munsell, Jr., son M the g.m. of the Theatre Guild. Plan is to produce the play'on the Coast and tour it prior to a New York opening. For 34 years Variety has served show business as the leading medium of its news and advertising. Outstanding figures in wliatever field of endeavor — as artist, manager, or agent — have gained and held their prominence first through talent and ability; second, by exploiting theniselvcs to their professional associates. Competition demands greater showmanship today than ever before. Advertising forms closing soon for 34th Anniversary Issue USUAL ADVERTI.''i|>C RATES PREVAIL Advertising copy mny he »(ht to uny Variety offue SEW roRK 1S4 West 4Gth St HOLLYWOOD 1708 No. Vim St. CHICAGO 54 n. Randolph St (LONDON 8 St Martin's D. Dullzell signed the basic pact which accoiTipanies the code Friday (8), at which time Reilly signed for tha managers. Altitude of Equity was further confusing, because the code specifi- ically provides that the actors shall have two representatives on the en- forcement board of four, or may name two persons to so act. Dull- zell's reply is said to have riled the ticket people and Is interpreted as a move that might be an out for Equity in the event that court action is taken against invoking the code. 'Legality' Doubted There were two conferences In which the tlcketmen sat in, and it was their understanding that the final revisions would be submitted to the brokers before formal adoption. Gerber wrote that since'this course was not pursued, It would seem that the brokers were made 'strangers to the discussions,' and expressed "seri- ous doubt' as to the 'legality and propriety of the methods used' by the managers and Equity. It was the latter's suggestion that the code be . explained to the brokers, who tay that only two minor changes were made at their Instance. Brokers' attorney , expressed the opinion that there is no doubt that Equity and the League acted In con- cert to 'put our people out of busi- ness.' He declared that the code as devised Is arbitrary and coercive,' (Continued on page 50) TYSON'S vs. McBRlDE'S FOR N. Y. HOTEL STANDS While Broadway's ticket brokem are more or less united In regarding the code, as .impractical, .there is a .<:ide contest between McBride's and Tyson's, two of the major agencie.s over hotel stands. Latter agency has been absorbing such outlets by bid- ding up the price of rentals. The Tyson outfit (William Sullivan and Harry Kaufman) is now operating 17 .stands in hotel lobbies, McBride's retaining seven, having given up .some because of upped rental de- mands. In ticket circles It is questionable whether hotel stands are profitable ventures, especially since the code is believed to have stopped over- charging in the open. Known that when high prices were obtainable , .strategy of lobby stands depended more on the cla.ss of guests rather than the size of the hotels. For- merly McBride's had but two hotel stands, but when the Bascom aqency was ab.sorbed some years ago, a .string of hotel stands was involved in the deal, that agency specializing on such outlets. Last week McBride's reliqui.shed the .stand at the Commodore hotel, Tyson's taking over. Annual rent was bid UP to $12,000, with McBride's deciding the stand could-not operate profitably with such overhead. Hotel ticket stands are said to depend on business during only ix months of the year. •