Variety (March 1909)

10 VARIETY SUPPORTS "OFFICE COPY" CLAUSE. The New York Supreme Court has sup- ported the English contract carrying the so-called "office copy" clause under which an ageut may collect corn-mission on re> engagements. The case in question woh that brought by J. F. Percival Hyatt, the London agent, against Marceline, the New York Hippodrome clown. Hyatt claimed commissions on Marce- line's re-engagement at the Hippodrome from the spring of 1907 until the suit was brought several months ago. For this period the commissions amounted to $240. The orfginal contract between Marceline and Thompson & Dundy was entered into through Hyatt. It expired in the spring of 1907. At that time the then directors of the Hippodrome entered into a four-year contract for Marceline's services. Subse- quently the management of the Hippo- drome passed to the Shuberts and -Max Anderson. After this transfer the Thomp- son & Dundy-Marceline contract was de- clared void by mutual consent and the Bhubert-Anderson people took it up for the original term by a verbal agreement Under this arrangement Marceline paid to Mr. Hyatt the full amount of com- missions for a few months. Tten his payments lapsed. At the trial Marceline declared that he paid the commissions under a misapprehension of his rights. Lawyer William Grossman, representing Joseph Melcer, of New York, to whom Hyatt had assigned his claim, produced the original contract between Hyatt and Marceline under which the first Hippo- drome engagement was arranged. This provided that the agent should collect commissions on all re-engagements. Judge Fallon ruled that the change of ownership of the Hippodrome did not af- fect this. The court declared that equit- ably the plaintiff (Hyatt) was entitled to compensation because he had arranged the first Hippodrome engagement and the subsequent arrangements were made on the basis of the clown's success during the term of that contract. After the trial Mr. Grossman said that in his opinion this decision would carry no further than appeared on its face. "The 'office copy' clause here involved," said Mr. Grossman, "is rather a modified one. It provided specifically only that the agent was entitled to commissions on re- engagements under the management of Messrs. Thompson & Dundy. There is another form of 'office copy' clause I be- lieve, under which English agents have made claims for commission on all re- engagements whether or not they were with the parties to the first contract. I do not know that such a contract has ever been passed upon by any court in the United States, but I believe that it has not. "Justice Fallon's decision, I take it, means that when an artist is booked under a contract providing for commission pay- ment upon any re-engagement with the same manager or for a stated term, the agent may demand his fee as long as the artist remains under the control of that party, or during the term named. "It is my opinion, often expressed, that any contract that ties up an artist to pay commissions for life to an agent (whether or not that agent secured later engagements or not) would not stand in our courts." PERMIT FOR AN "AMERICA*." Cincinnati, March 25. A permit has been issued by the Build- ing Department for a vaudeville theatre to be erected on Walnut Street, between Fifth and Sixth. The specifications have been filed. A. C. Ku1m.I1 is the architect. The house will be named The Ameri- can, and is reported to have. Edward Hart behind it. The bookings are to be placed by William Morris in New York. The location of the new theatre is im- mediately adjoining the additional prop- erty purchased by Anderson & Ziegler this week to enlarge the Columbia, the present vaudeville house of the town. With the alterations of the Columbia, the two theatres when completed will be side by side. The Columbia, with the additional prop- erty, will have a frontage of about 88 feet. The American is to have a frontage of 60 feet, the lot running straight back for 200 feet, with the same dimensions at the rear. It will have a seating capacity of 1,400. Messrs. Anderson & Ziegler have the property on the other side of the new American site, preventing that building from expanding in the future. The pur- pose of the Columbia people is to increase its capacity to such an extent that a big show may be placed at popular prices and competition killed off. William Morris denied this week any connection with the reported American in Cincinnati. • • TWO-A-DAY IN STAMFORD. Stamford, Conn., March 25. The local lodge of Elks have completed plans for the erection of a vaudeville house. Work will be commenced imme- diately and it is promised that the theatre will be ready for opening by September. Anthony Geronimo, now manager of the Lyceum Theatre here, will be appointed to the management. The house will operate with a policy of two-a-day vaudeville. It is to have seat- ing capacity for 1,400. What booking con- nection will be made has not been an- nounced. OPENING MONDAY. Jamestown, N. Y., March 25. The new Lyric Theatre opened Monday under the management of H. O. Deardorff, with a vaudeville and moving picture policy. The house has capacity for 800. Six acts and two reels of pictures make up the show which is given three times daily. The admission scale is ten-fifteen- twenty cents. A general charge of 10 cents is fixed for matinees, when there are no reserved seats. JULES VON TILZBR'S VACATION. Atlantic City, March 26. Jules Von Tilzer has been vacationing here for three weeks, and will be around the beach for a couple more. He has dis- posed of his interests in the Harry Von Tilzer Music Publishing Co., his brother Harry buying him out. Jules has a new monolog for vaudeville he may "try out." A Philadelphia busi- ness proposition has also struck him as favorable. SKI6IE" IT HAMMERSTEINS SEES THE WHOLE PERFORMANCE Says "Harry Bulger Can Put It All Over Andrew Mack." Is Dis- appointed In Rajak. SKIGIE. "SKIQ1H" It ten years of age. Ills comment It not printed to be accepted seriously, but rstber st the Juvenile Impression. McNamee is all right (Hammerstein's, Wednesday). He makes different things out of clay, and I got there just in time to see him. I never saw him before. Ryan and White are very good dancers. One did a very good step; the one who dances by himself. Two times they dance together. They wear patent leather shoes with wooden soles on the bottom, and they have their own wooden floor they dance on, and they didn't die, as they went very well. Emmett De Voy I have seen before at 125th Street, and he has the same act he had before, and I liked it better the first time. It is a very funny act. James Har- rigan is a very good juggler, and he juggles cigar boxes and tell jokes. He does a good stunt with a lamp, and he was a riot. Andrew Mack is too tall, and he hasn't a very good voice, and I don't like his sketch. I liked the little Irishman better than anybody in the act and also I liked Mr. Albert Perry. I didn't like the girl at all, and I have seen better acts than his. Harry Bulger can put it all over Andrew Mack, and he has a better voice and every- thing. I think his act is much better than Mr. Mack's. The only thing bad in the act is the second song the girl sings, and I liked the scenery and most of all I liked Mr. Bulger. He sings his songs funny. That's the best funny act I've seen in a long while. Oscar Loraine plays the violin very good and he changes very quick, too, and you don't have to wait long. He has the spotlight on him all the time and gives imitations of different people play- ing the violin. He is the best violin player I ever saw, and the house was packed by the time it .was his turn. Herr Grais' Prodigies have a very good act and his monkeys do some very good stunts. One monkey does the "loop-thc- loop," and the man said the monkey came down in 4 seconds. Princess Rajah is all right, but she isn't as good as I thought she would be, and the snake is very long. Tt is about five feet long. It started for the audi- ence and some women jumped. The pic- ture was "Two Chinamen in Paris." "Hotel Laughland" makes its first New Willa Holt Wakefield is heavily billed York appearance at the Orpheum, Brook- for next week as the special attraction at lyn, next week, placed by Pat Casey. the American, New York. Eddie Clark and his "Winning Widows" will get their "land legs" at Yonkers next week, Mr. Clark having just returned from a ten-months' visit across the pond. TIN PAN ALLEY JINGLES. By WILLIAM JEROME. The canned music companies have been canned at last. What are you going to do with all the money ? Don't publish anything before July 1st. It's the Gimbel Brothers who are build- ing the big stores next to Saks—not the Gumble Brothers. There is a new coon song in England entitled "Way Down South in Old Seattle." Gus Edwards is going south. Not the way you mean. Sunbonnet Sue is going on a business trip. Have you seen Shapiro's Gold Sign? If not get off the car at Broadway and 30th Street and take a look. Anxiou* Inquirer: No, Jerome and Schwartz arc not in vaudeville. They only thought they were. Lee Harrison has done more to boost song writers than any other member of this club. The next thing you know the United Cigar Stores will be adding popular songs to their premium lists. The music house that doesn't make a great big noise gathers very little moss. Gee. I wish I had a girl. TAPS OF TUNE 1INKEBS. By WILL D. COBB. D'ever strike you what a great scenario for a farce the average songwright's roy- alty contract would make? Nonsense Note: The Union Dime Sav- ings Bank is building in the heart of Harmony Hollow. Don't let the publishers hang any of that stuff on you about missing sales from now till July. If you've got anything nifty hold it. Those "mechanical" roval- ties will make a piker out of song pub lishers' dittoes. Don't be surprised to see the Edison, the Victor and the Columbia music pub lishing companies slip me credit, too. when it comes off. Many a good song writer has l>een spoiled going to grammar school. Hum over the first two lines of the chorus of "After the Ball." Hum over the tirst two lines of the chorus of "Two Lit- tle Girls in Blue." That couldn't come oil" vo-day, could it? Mrs. Tom Gillen (Hattie Stewart) un- derwent a successful operation for the re- moval of a tumor March 16 at the Poly- clinic Hospital, New York. Mrs. Gillen left the hospital Tuesday last.