Variety (Aug 1940)

WccbM^sday, August 7, 1940 Second phase of the coutt, fight igalnst the Nev/ York State Mitchell laAv, liiriitiliig.premiums on all tifekets iold by - agencies 'at hot more than 75c, over the price was staged in N. y. .sMpreme court Fri- day (2) before -Justice; Sidney Bern- . stein. Pecisibn ph ,the ticket bi:o- kers' application to , restrain Paul ; Moss, licence ; c<immissiorier> and Lewis Valentine, pbiice. head, from ; enfbrcinig the 'iipW statute: was :re- 'eiervcd.. ':'^;-.:'; ■ 'v • ' Go'urit made two significant/re- itiarks which may be iiiterpreted to :inean that the temporaiy stay sought may not be g»ahted. Puring the prb- jjeedihjgs which consumed three; and ijne-half hours," Justice. Bernstein «aid: 'Where'' there is doubt of rcon- stitutiohality it. is ' the duty of the loWer court to sustain the law and let -the.vhigher cburt: determine th6 - constitutionality.': At the etid of the ibssion the bench r'emai-ked: 'If I deny this app.licatioii. fpt tem- porary injunction I will give ypii a .very early trial,' the court address- ing William i A/ Hyrnah; attorney f or the ticket people, v Hyman's aggressiveness enlivened the proceedings, but this time there was no repetition. of the charge at thie first hearing to the effect that thie Shuberts inspired the Mitchell hill and that thiey schemed to grab control of the ticket agency busi- ness; •,Brokers* counsel centered his. appeall on ia description of the-ques- tioned statute and emphasized the decisiph of -the U, S. Supreme Court in ,1927, which ruled put a similar law (lysoh vs. B6ntoh) as price- , Hyman declared that- the (Gohtinued on page 42); an in Although; the strawhfit tryoiils have ■ shown little .for ' Broadway usage, some tJlaiys wiii reach jregular productibnri'egardless, One, such is •Wind in'the Sails,'; by Pbn Tptheroh,: which was tried .oiit recently ; at Spring Lake, N. J/, with Helen Ga- hiaftail in the lead..; Miss Gahai^an , owns; the dja^^ having acquired it from th6 author last ;year. She . ihtends touring . in ■Sails,' with ; a Broadway date de-. pendent' upoh th^. road slipwing. Totheroh is a close, friend of ; the actress, ;jind her husband, Melvyn Douglas, who ,has been occupied, in Holly wood for some tirrie. Name Singerii Fiiid thi^ Gravy ; Trail iii the Hihterland—- It*» the Reverse Slant oil Heartbreak: Trail Leading to-: Grkhd''^0pera''; RADIO SLANTS By tDWABO SMITH . Aissociated Actors and Actresses of Anierica, pbrent cif thie talent unions, having moved back to Equity's build- ing oh west 47th street, ,N;Y., has cut operating expense to the bone; Fig- wring that' the F ou r A'« will probably never be able to repay loans from., the: affiliates, the latter liave \vritteh the items off their books. The total . Was bet\yeeh $30,- 000 and $40,000, Ttiostly obtained froih the affiliates during the striiggle with the stagehands last year, • ; Vnions. which made the loans are Equity, Screen Actors Guild, Ameri- can Federation, of RadiP Artists ahd Chorus Equity, ■ Paul Turner, the; Equity attorney who shared the 45th street offices with' Frank Gillmore and the Four A's staff, . still /occupies the suite, . Lease pn; thcs place does not expire until next April and it is planned to ;. sublet the offices before then, Four . A's being liable for half the rent until expiration. Gillrtnore, who is ;;still president;of Four A's, withdrew as; executive director,, but receives salary ($7,800' annually). He is sxibr Ject td call ; from this committee >vhich is handling Four A's until an- , Ptheir director is named, if and when; :.. ; GillmOrie's sebretary,- Ralph' Town- ley, is retained,, serving-both for^ the Four A?s and Equityi' Alfred Eltings^^ ^.secretary tb i»aul Dullzelt Equity's . ■ executive secretary, is also on the Job .there, Minpf; Four A's post alsp. retained is that of treasurer,, Riith . .Richmond receiyirig the honoriurn^ of^ $50 yearly.. ; ..Her job ' to sign checks.■.■■.:•.■:;:■./■ '; ■;:'■..■;■. •: 'The, Miracle Theatre,' which is. being ; privately demonstratied in New; York and is said to have attracted department store interest as a free show for children; noyelty known is !,Tanagara,' .first seen oyer here aboui 3a years ago.; TTie minia- ture 'theatre,* about three feet by 10, hais been trieated with; modern iinproVements. by Horace Arm istead arid Leoh Rand; Warreh, connected With; the Cienter scenic studios, where the device is oh view; • Normal size players; are employed, they working from the. fioor level, The: action is projected in; cblor ujion ah inclined mirror; elevated, about six feet, the players being reduced to miniature, measuring about 15 inches. Painted ,^auze scenery pro- vides the settings, while the dialog is amplified'' .and iricidiental music conies fromi discs. ■; ;;. i .Two plays pirepared and exhibited, are 'Rip Van .WinHle' and 'Little Red Riding - Hood.'; Others to be ad ded; to the repertory, being 'Jack and the Beanstalk,' 'Alladin,' 'Cindereila' and Dick Whittington'. Each play takes about ;35 minutes and is: directed by Mrs; Parker Likely. Technician is Al Beskin, connected with the studio. Players , in the demphstratiohs are said tp be professionals, there being four plujs a youngster. Cast is Iris Posner, Walter "Ward, Ruth Halstead ai\d Bill Abbott, ;whO is a swimmer and. musician. Others have been oc- cupied' with picture shorts and Dipne Davis is: the child kctress. Use. of the**''theatre'; by women's Clubs for. fund iraising is a. possibility. : Gohtriyance . appeals to; be ba.sed on the same ' pHnciple as; the • 'fish bowl'. iirusiort, used in soriie cafes and stores. ■ ' 3d 'Father' Likely . • ; Ch.icago, Aug.; 6. . Oscar Serlin plahs'i a ■third cPmr pany of 'Life With Father*; in BOs- ; ton early this fall. ^ \ ' ■ pPrbthy Gjs ;' slated;; for the niother rolie,; She has beeeri; in Ghi- ; cago; for several weeks with her sis- • ter, Lillian, who. is doing the part' in th' .local, company at the Blaclcstonc. Hdw to Wprrf Cliorines, Or WiH 'Grass' Bloom Ra Of $33,000 to Dennis, Mass., Playhouse uate The; igravy, trail is the musical op:' posite to ■; the heai'tbr.eiak, trail. dei scribed in last; week's .VAiujETY. "irhe . griii*y .tTail;is the cOiicert tOur of the; established hame. singers and their lesser; contemporaries. ; The; heartr break triail,. aforesaid, was.;th6 Ghina- man's chance gambling odds along; the way ; to grand opfera. " . Grand opiera is the' prestige-but hot much cash rotitin* of. heavy :.singing in .America. ; -The v income .taxies, Are built ujp . and paid: off only in the road "dates of which New York and Chicago and other, big burgs aren't very.' 'important-^.to; the SirigerS: Kebkuks is tiiepiyoff. v ; During the past year over .20,000 coricerts -were, vgiyert In. 500 U. S. cities with an: ayerage .take of $1,000 a. concert;. Thus, America paid $20,000,id00 for ItiB concerts/ to $5,006,000 for its operas. Concerts are much cheaper to giy* ialso. In: N Y; it is possible for a singer to hire Town or Carnegie Hall for $5,00-$75p, together:, with ushers, printed prpgraiiis, tickets: and prob-; ably ian accompanist. Any gross oyer thai siiiri: will go; to the artist. The average pperatic performance outsidiB the greater companies ; . r. quiring many ;principals, orchestra stage hands, etc., costs $5,000.^ Naturally the singer will probaibly ipse moriey on a N. Y. concert if he is not well known. . ;Gaod Reviews .. , Most; singers are; willing to take these losses, hoping for jgood reviews,: and. the chance of interesting one of the. two big concert agencies, NBC or: Coliiimbia,' tp take; th^m • . ; lif that haptiens, the singer may then be able to make a living, as the concert agencies will have .many opien spots for ; .good voice, While compara-r tiyely; fewer fpr. a singer whose gorily ability lies in operatic presentatioh,; Therefore maiiy young artists Who learn only operatic iroles and accom- pany ing ariao, find themselves Ip'sty as a concert program of 20 .songs and encores, seldonri .has hipre than thr^C; oi* "four .operatic selectibns, and is compose^d of spngs in German, French Italian, Spanish and Engiish.' Hence: again a need for'language, interprie-. tatipn, . and knbw.ledg^.' of what is' being sung about, ' •:a;prime;rCquir; site;.:'; •;;.;•; . RadiPi top,; has. been' sadiy. neg- ledted, with- rnany singers declaring that ;the sbngi they . are asked;to sing are .infahlile, arid not'worth; risking th'eir 'artistic; reputations' oh/ „B.ut this infant; industjr;y;:of :the.'.th^ree,; is the most; liicraitiye of thern ;£ill, arid ie.ss ,\vearing; a;s well. Most - singers- iappearing On a radio program are; not asked, to sing -rinbre than three Or four songs or arias; the return fpr which is' neyei; less. than. $100, ari.d has reached a top- of $6,000 ^pstid- two seasons ago ;.to .Beniamiho . Gigli for a ;.Fbrd :H6ur ;appearance, ^ Radio is cr0wded with ; voices,.: but wiIh too few excepli;6.nal; voiceSi and since ho ^.Resumption of 'iKeep. off the Grass,' which; suspended at the Bi-oadhurst, N.Y., is :npw datecl for; esirly Sept., but defiriite, plans for relighting the, revue .dre iricpinpletie. Bunch; of chbfisters/are; oh. the ahxibvjs ^sieat therefore. •; They;; signed new cpn^ tracts foti the resumed engageritieht and if 'Grass' does not: go on' again the . Shuberts must . payithem tWP. w6eks ;salary.;. However,,; thie': chpr-. ines. carinpt; sigh Iwith another shoiy, but may appear ^Isevvhere in the.in- terim. . 'r'''-.-- .:^' ■■ '• -■;■.'■ ■'■ ■'. : i Shpuld the chpristers . jim tp ah- pther, attraction arid 'Grass' dpes gp: on ag^in, they would be i^orced to. withdraw from ;the other -l engage- merrt, :or be liabie' to pay -the Shur: .berts; the (Bquivaleht of two-weeks 'Sialary.: ;■ /.' :'■'•,; •■.■ •.-;"■''•'■:•■ ■ Pop Price Opera Pop priced grarid opera to oppose' the Metropolitah;. next season . is a. ppssibility,; FortiiniB; Gallo weighing the idea. Impresario of the San Carlo outfit is known to be engaging i number of high elass warblers and: it is indicated they will not be tised for San Catlo which;plays most .of the season ph,tpui% 1 . ; ; Gallo played'his troiipe tWice last; seaspn' at. the Center,. iN. Y. at $1.99 top ■ arid both . dates ; were rrioriey rnakers. iSelieved- that given tlie proper; theati'e ;ieaspri concurrent v/ith the Met Is feasiblti.. If the New York idea goes through ,another cbmpany :will be chbseh, to ,piay the San. Carlo road dates.: Pop opera at half the Bcale charged at " the Center; was presented at the Hippodroriie, but- the generaL class; of the shows was riot cbmparable with Jhe Met. whibh;has a $7.70; top.-" ;■ In mulling the idea, , ' discussion whether, Italian opera would b'e siip- ported Oyer here becau.se of ,the, \yar arose. " From another direction how- ever, it has been; shown that mu.sic lovers have,,, yet to , exercise; dis- crimination, Recently at LevvisOhn Stadium, N,Y; a tionciert with Kirsten Flagstad is said to have drawn .the biggest;gate of the summer so far. She repeated- with , fwp concerts at the Ravina : Mu.sic Festival, Chicago, which completed' a six weeks season Sunday r4 ). ;''. ; :•;■ -■:.. The half-way mark pf the summer ;, stock and try out season has been. reached and,; while the. rural' ;sho>v shops, have given employment I0 a flock of players, the- product devel- oped is about on the same level as previoiis ; , years. . Including ihii week's dozen or more new shbw.^, there will have been: more than 55 plays tested in the barri belt; ■.: , Not including the,' current; crop,'; not one has been definitely rated: Bjroadway ppssibility, but it is ■ iisuat that v the. tryouts,: during the latter; half of the summer, period are mbre favorably. regarded by; / thie ;scbuts.; This season in the hideaways • has:. seeh more musicar;efforts :than usual, , and at least, one. seen "so far may ba whippied Into ; shape for feg]ularr presentatibh. ; The musicals include 'Crazy. With , ttie lieati' now in its second weiek at Locust Valley,; L.,'I., and. 'Two Weeks; With iPay,* which playeid a two-week date ■ at White Plains.' \yhile the; Broadway possibilities are; guesses at date, ;Seyeral new plays are figured, to be good for pictures whether they reach metropplitah- showing or not, and bne. ('Four Cheers for Mot.h,er|). has;:already. been .bpught fpr Hoily Longest staying show . hiere^tbfor* hot oh; the .boards ; is "Christopher Mbrley's 'Soft; ShPvildiers,' Which i» holding over at ,Rpsiyh, L. I , and by the end of the weeik will have played three ahd ;Qne-half weeks. It; is; aii; old Moriey scripts ;; He lives in th» locality,;, which explains • the dfawi ;::v :-JBarnstable, Mass.,;Aug, p. Estate of ;Raymorid Moore, founder of the Cape Playhouse at. -Dennis, Vi^ho. died last' March. :8, :ca^^^^ a 'big surprise;wheh filed foir prdbate here. Estiriiated. at from . $500,000: up, the ■estate Vras"^yalued-Wonly -^^ cordirig ito inventory recorded with probate judge , here-^;. ■Mpore's^ per- sonal estate, is valued.; at. $22,000 :and real festate iat :$11,000. - : ; : Th^; will le^t air his property :, trust for the- establishriient of a fund at the Playhouse for ;the proniotion to maike a concert or ,operatic;, career in r'adib, the' iridustry .v/ill pr'bb.ably^ have, to put -up with medioci-e ;ta;ient; for;' some time- tb come, tev,en though sbme of its' more illustrious;mcnibcrs have broken down .the dpoi-s of the- 'Met ;;thrpugh ; radio, such - as :Nirio of iiine artsvtb^be knpwn as, the'R%:jlV^ari;^ winners [raorid Mbbre: Pouridatibn-, of Ihe Shcrv;in Willinriis auditions.' A;C. Ventaor Pier Fire Burns Out Ikpck Unit Arid Speciale's Band • Atlantic City, Aug; 6. Fire of -, undeterrxiined. orijgln. /de- stroyed the' yentn.br Pier theatre; Thu'tsday;ri),:together with ;sbj!^^^^ strumerits frorri; Vincent E; Speciale's orch, and all .stage props and scenery of Mae Desmond's Philly stock com-. pany.irFlames; ate up. mbst, personal belongings of .Mip.s Desmond and her husband^','Frank, Fielder, ' ;; bcsriipnd. Player-s., had been ti.sing the theatre alt summer, the city tak- ing. 40.%:;.of-grp'ss- in jieu-^f .rert t.-Ci ty officials . hurriedly niade a public scho'o 1 a ud i toHurn,; ay a i I abl e. to' them, •rient f ree, tp -help" make. up^ the loss. :Thcy presented -;'The, Laie,.Ghri.stbpher Bean"; '; the school; audito.rium: Saturday night (^). ,'..-,.■.'■';,.-.^ .,' Speciale's orch : will; 6l.s.o...mDVe..;,10 the; : .schbn] ^to resume i\?.. .simiinier .•^kcd of Sunthiy ri'iphi co/ii'.;crf«... Three Broadway . hits, : t wo . of which closed Saturday (3) and; the. third, shutters this- week HO), ,will have drawn a combined total gross of about $826,600, according; to VarietV boxofflee estimates. Amount was piled up over two seasons. Biggest, .grjosser of;the three was 'The • Male Animal,' which \vithdrew Siaturday from the Cprt .after getting $389,300 in 30 weeks. After a layoff it will open a road tour in Chicago. 'Ladies " Retirement,' wh ich quit. Saturday at the Miller, grossed $189,- 100 in 19 weeks. It plays the Maple- wood (N. J ), theatre this week, then jumps to the Coast. 'There Shall Be No Night.' .sl.ited to go off next Saturday at the Alvih and resume Sepf. 9 before gbihg on tour, will have drawn $24i3,200 wht-n; it temporarily goes dark after; 15 weeks. 'Tobacco Road,' which finally folds Aug. 17 at the Forrest after more than six years; has gro.sftd about $2,500,000. That figure is al- ready topped by ' 'Hellzapoppin,* which; is approaching the - two-yesir : nriark at the Wiriter-lGarderi, haying drawn. a gross of about .$i2,760,(poO/ Olsen7Johnson revue" seems almost certain to bettei? the $3,000,000 figure, and as far as the .records ,.sboWi thi» fir.st show ever to do" so on Brojid- way alphe. 6-W'K L'VILIE OPEREnA SEASON 14iG IN RED Open air pperetta season at Lpuis- .Viilie-terminated, iaist' week. ^iend^ the red to the extent of '$14.J500. The presentations were made under the di;recfion • of J. J. Shubert, who pre- yipusly ,:haridled" the;: show.s at 'the. Iroquois stadijirii there; with For- tune-Gallb; then ;alsQ: interested. iSea-.. son -was- for—six^-weolcs^ -two-more ■ ) than last .season, and;it was indicated 1 the engagement was .fetretdned' lop. far.- \ : > ;';. ■ ■,, ■'.' ;;; .■ -■':;. ; Venture wais 'financed''lo.cally,; *©;, ; tha:t the show management K.ninnt^d' none of' the loss,' Understood .the " Shubert- end recelytd .some prufit through :the rental of, ,costumes .anil- ■ props. ■ : /■: - , .■