Variety (Dec 1940)

50 LEGITIMATE Wcdncsdajr, December 11, 1910 agements Sunday (8), the third for. 9abbath performances oh Broadway, saw 'no rhateriai change;. Again, filghjt shows played, being dark Monday evening, four claiiTiihg a slight increaise. oyer the previous, Stinday^three hot far- ing as wellvand one getting , around the same gross as before/ Th'ii Sun-' day business' was approximately; ofl 7%, that drop probably .accounted for by the pre^hollday decline. • •• So far Sunday is a tak^-it-6rrleayer it proposition, - League of New. York Theatres, the managerial association which campalgried for perforinanbes, naturally advocates' Sunday perfbrm- ances,: but Woine nianagers do riot ap- pear to be iiiterested. The hits ar6 playing regtiiarlyi satisfied j-with at- tendance oh Mondays, while produc- ers . of' $.4.40; musicals reifiise; to take a chance with Sabbath 'performances; Showmen with hits still are opposed to tinkering with advance sal^s which include Mondays' Cwhen ho perform-' ances are allpwied under- the'law. if .Simda3rs .are. playeci)^ ' : ; The two mOsicals, 'H^llzapopplri/ Winter Garden," and 'It Happens on-; Ice,' Centeif, ;the. pair of ;$3.3d' musi- cals playing Sundays, again got the bulk of the trade/ Both have plenty (ttf mdderately-prlced seats which are prepondierantly soiight by Sabbath patronage.'. Whateyeir the lmi)roye- ment Monday <9)' foE- the. other., mu- sicals was in the balcony, eis . pre« Viously. ■' -v' ■'.a"'-]'': Most of ttie straight shows which gave Sunday perforihanceis aimed for isuburban trade. -Tliere are 19,- 000,000 people resident within a 40- mile/radius of; the metropolis , and a fraction of one percent woqid Insure Sunday prosperityi Bilock. ads were inserted in suburban tiapei^ inclusive of Newark last Friday (6), but. re- sults were, indeterminate. • Cost to each show was ^0. No; extra space fids were used in the Manhattan dailies, though mention of SUnday was made in the regular directory ads of those shows Which played. Sunday matinee possibilities remain untested. One show CHorsis Fever') played the afternoon again, without variance from the initial matinee try. Tobacco Road' rhay also try after- noons.. ' .,;.; . Through a zealous business agent P of the , stagehands union, it was claimed that an extra day's pay was due head^. of depattmeht3 for the in- itial Sunday played. He contended that as the heads were oh the job seven straight days, the additional coin, amounting'to $13.'79 each,:was payable.. Whole delegation from the union discussed the claim at the League's .offices, but the claim was not upheld. James Brehnan, lATSE vice-president, was on hand and as- serted there, was no . Intention to overcharge when it was agreed to try Sundays without added pay. TRIAL OF PORT.. ME., LEGIT ANGELS WINDS UP y Portland; Me., Dec; io, . Court . testlmbhyV was completed; Friday. (6) in a $5,500, action brought; Jh; Maine superior court by Rotary Attractions, New York, against giibupi of lobal businessmen, and Preble, InCi, theatre holding compahy, as afterriiath of nosediving late-i939 at- tempt of • citizens' . committee to bring legit back' t.6 old, B; F, Keith's •theatre here, .Cohimittee refurbished the house, renaming it the Maine Civic, and then allegedly proceeded, through, a: dubiously, authorized rep- resehtatlve, to book ■ ah . ambitious icheduie"of.louring productions. San Carlo opera was a successful opener, but *0f Mice and Men/ which folowed, brodied, shuttering^ the house.., Plaintiff now claims that it .was;never paid for latter, demanding damages also for cancelled shows oh the; theatre's schedule. . . The con tracts, were :slgned.by Noj-r niian T, Stocfcer : as managing j^ire tor of the ;enterpi:ise, the agency m- serted;. last , week; Businessmen oh the cOmmiittee countering this by stating that iStbcJter was hired to handle publicity and exceeded his powers In going through the n>otipns of signing contracts. Ohairmatl ad .niit;ted, however, that; local commit- tee was very, elastic body;' with ho ohe knowing its" exact composition or . what; the other fellow was do .ing.\ - . ■■;... The hearihig was continued until next Friday (13) when arguments will be heardi' v Lay representation for Btotary Attractlohs was furnished by Sam It 'Grismah. ; ^ WdterAnnitage Loses Arbitration Case; Most Pay Actors $1400 Claim , Hans. Robert, 'The Hard, Way.' ' ^Frances Farmer, 'Hot Nocturne,' Mady Clu-islians, Mai'galo . Gill-, more, 'Beth Merrill, ' Mildred Na.t- wick, 'the Lady Who Ca me 16 SVay,' Edith : Atwatef,. Leif Erickson, Hume -Croflyh, John Emery,; Helen Focd, Florence Sund.str.oiii, Dorothy; i.Patten; -George Matthev/s, Johri^Me- ' Govern, Marie Adds, Josejplv iFoley, Art S.mith, .BUth Nelsohi Fred Slew;, art,. 'Retreat to/Pieajsure' .(cbnjplete C8St). ;- ';o'■ ' ■ ' ;Wynn. Murray,.'All in .Funi- ■ ".'. Weeding iSpees —.Continued from page 49 the smaller specs' 'for a price,' but indications point that way, for tickets to Shows in strong demand gravitate to tlie little fellOAVs in vaTious ways. Regulations frariiedi by, ,Mosg 'may be subject to different vinterpreta- tions. by the commissioner.; It was pointed out' to him that any number of hotel stahdsj Usually branches, of the: big ticket brokers,; would be: afi- fected ■by' the 'ohe business*, riile. •Such" stands usually also' dispense newspapers, maj^azines, /cigars' and cigarets. \Sarne; applies to depart- ment stores; several having ticket de^^ partments, Which managers • have favored bedaUSe.' adding to distribU:i tion possibilities.' Believed that ex-^ ceptiorts .will be made for hotels and large stpres, ; If-ript' sohie other ih- Btahces, but there; is; no. doubt .that Moss -anticipates forcing but a num- ber of uhdesirahieis. Court trial Of the action question- ing the legality of the Mitchell Law is due,to be heard this month..;Money for the proceedings has japparently been raised,; though recently- ;the agehcies, when told to pay the ,3c per ticket levy payable under the code, replied theiy were broke. > Seven N. Y. ticket .brbkers, who have been flgiiting a losing battle in: the .supreme and appellate courts of N. Y. to have.'the Mitchell Law, declared .uncpustitutlonali applied to the NVY. supreme court; Monday (9> for leave to file; ah amended comr plaint. Their; plea; for" a tem- porary injunction against the';: law , Equity wasHhe winheip by arbitra^ tion . over Waltir Armitage in con nection with the British actor's stock venture at. Suffern, N. Y. By terms of the decision, the actor-mahager will be required to pay.; the players whom he engaged a total of $1,100, coin which would have been given them by the association had not the money : deposited to guarantee ;sal iaries been depleted.-■ > ; Armitage had been , instructed by Equity to put lip fresh coin, which he failed, to do. Explained that the sUm which Equity had for the; Shf- teth company was used to make gobd Arniitage checks which lie tien- dered the actors, but which proved to be irubber. Aliens are : not per mitted to appear in; stock, but he won an; exception because of his mainagerial status. His appearance in the shows; proved the least of his troubles.' Und^rstbbd that Armitage hiad bankroll of !|l25,00O to 'play around with' at the start of the summer; He opened a cafe and bar—in fact there were three .bars around the estab lishnjent—and. the cost of maihtaih ingi-the liquor-and food; departments is said to' have;.consumed; the ibank roil. Armitage expected that'his-the at^e and cafe would be ; well sUp pbrted by the Suffern ; sUmrner colony, vfiiat ;with jmprbmptu enter talnhient from the actors, but bust ness; ^ippears ;to have; beendiill for the 'shbws and the bars^ : It was figured; ,top, that the actbrs would .provide; a Measure of intake to coyer the; cost of operating ;the; wet . spots It appears that the players were not that thirsty.; ' ■ .:Alaj» Nugeht ;Burtce, . 7-year-bld red-headed son of aictpr '-Alah .BUtice and' grandson of Ji:c; Nugent, has been, offered .the! part of the ;young est Day , child , in 'Liife with Father' next 'time ia change is necessary. Wriiing from pakiahd; Calif.,. Eu gene P'Neiil has advised , the tlie aire ,-Guild he; has recovered. fi'om his receht. illness, ; \ haS: been; denied; In .this cburt :and the appellate; division. , : Brokers state they are omitting in their.. new: coniplaint all claims that the statute attacked is: coh/lscator^f "The reason ,foi'. tliis is to ;bring the constitutional question alon^ .beforie the trial tourti . Hollywood, Dec. 10.; Kurt. Robitschek, er^twhile^: Paris- ian and New ,York Vaud.e prbducer, who -bame; to Hollywood a year ago with ambitious plan*, is washed up sb: far as 'legitimate activities are cbnberhed if council of Actbrs Equity; Assbciatibh takes cbgni2ance;of Andr; ings of' the . local Equity, cbmmittee, yirhich . has iruled . that' he can ho longer iprbduce hbre; ; Robitschek ran afoul the law bn numerous; wagb cbmplaints, and. the district; attorney^' pfflee Is investi- gating alleged stock transactions in- .volvihg several thousand dollars.;: ; Criminal coniplaint charging Rob-, Itschek with vibiatlbn of the state labor law for. failing to ^ pay wages bias been issued by the Los Angeles city : attorney's office, vahd , wage claims are on file witli, the state labor commission totaling an addi- tional $128,; with Robitschek glveh until Dec, 19 in which to settle. ^ Charge by the city attorney was lased on accusation bf Sol Froh- jnan, who,; charged producer with fiiilure to pay him balance of $44.07, due as wages out of a total claim of $70. Claims against Robitschek most- ly grevir out of ill-fated legit venture at the Trbupers Theatre of Hblly^- wbod, particularly, with reference to the production, 'Miss: Purity Lies.' Hearing; was staged by the Equity, board here, With report made to the council in N.Y.; which has not yet been acted upon, according to ad-^ vices received here. Robitschek, when he first came to Hollywood, was touted as a top legit stager aiid figured in numerous 'lit tie theatre' productions hereabouts. Most of his casts were sanctioned'by Equity's Little Theatre; department at the time. • Kurt Robitschek's first'effort in the U.S. after coming over trbm Paris, was; a stralght-vaude show at the Majestic (legit) New Yprk, two years ago. This: alsb. wound up as a no-payoff for the actors after three weeks of operation.. The performers eventually received practical payoff, but the nriajority portion bf their salaries was never paid. ; Experimental :_:;:, Continued from page 49 bbliga- respphslble f of "any N.E.'T, tiOnS. : ;■-, . ;■ .;■ In the event that ahy play .is prb- (luced Within isix months aftep it is experiinentaily shown, nbt- cpunting June,, July and August, N.E.'T. is to receive 2% 6t the grbs^ and 5% of the mariager's, share of picture'rights arid' all tfUbsidiary. rights istock;^ antia- 1 eut, radio,. ;Britii5h and' so forth). Any such money , so obtained is to be .<!hared; 50-50 between. N.E.T,; and the adtors who appeared ;in the. experi-. ;mehtar. pertormahces. . ' \ In the event the .author dispipses of the play and;riehts, hb. is to pay N.E.T,; 5%; of hi's' earnings, bbih to be split with- the players in the sanie proportibn ^s though the: play was regularly , produced within the time lim;iti^ Advisory; boaird ;set up» con^ .sists of .five'named: by Equity : and •five>by the Guild, .■ ^ '; . it.; is : 'a:; question if- more scripts which go through the play-reading Sieve of . managerial ahd picture off! ces riierlt. the effort b£ ^presentatioh, but every now; and then-a surprise; click is registered and authors are ever hopeful, while from ;tlie actors' standpbint to come' within the; gaze bf producers, is always an ppportun Ity to be cast la a Broadway show.' Old acquaintance New; haven, Dec. 6; . ; Coineily In three: nets by. Jolin vnii IJrii'- ioii: ftaKf'A hy- Aurlol T-.cc; HptilncK, nioli- arJ Whiii'f; ■• stars' .InUB . Cowl (tild :P«gKy- Wooil; fenturcs Kent. SnUtli;' pro.soiileil. by' DwlRlit Deere AVImnn .nf tlie 'Shiibert, NOW.. llavoliv Peo; 0-.7,.'-tO; f2.73^ tpi). Kliilliorlne Mnrkliam.',.'.. i,....:. .Jniie Cowl UiKlil KcitduU... i,.. .. Koiit SnilUi Dolhlro Dralte.-...i.'..,.'>..,.AdPle .I.dnftmlre .'ihlirina^... .,. . ..;;.Antni; I'Vpiinldlij. MlUlred Watson :Druko;'...,...PoKKy'.Wopii; (iuoan.. i.. .:. .Ijdnn. W.c.it. I'roston- Brake.-. ..'v..','...■.>.,,niilfry. Jonca With a pec. 23(1 opening ;s:et , for New York; this . new: Druten comedy should come in the nature of a Yuletide gift, to Broadway play^^ goers, . Play is interesting, e .pertly staged ahd beautifully acted against a. backgrbund bf attrabtive settings and stunning feminirie attire. It holds' attention throughput Its two and a half hours and lives, up^ t^^ the 'never a .dull moment' sljgan.; Cast- ing, of Jane' Cowl ;alid Peggy Wood as, co-stars, wliich might have been the foundation of a temperamental headache, has turned out to be a stroke of genius., There's,, plenty Of room for the talents; bf both of these ybt troupers,- and , each: • is. ideally suited to her ihdividual chore.; Act one belongs to .;Miss Cowl, .eict two to Miss Wood, and. they 'split honors in the .' third stanza,, with, a slight total edge going to Miss Cowl's, role/ "their scenes together thirbughbut the play are ; gems,..'; Play has its side issues -of - to- mance, iUicit and otherwise, but in. the last analysis ..bbilis, down to a stage picture of two women friends who have succeeded in the writing profession, but whose, private , lives don't turh out so well. .Tliroughbut their. Ups-and downs, however, they have remained friends , since school days, even when this frietidship was chaUbnged by romantic': entangle-; inents^iinvolving one woman in the. family affairs of the other. Author has hit a realistic, chord in present•> ing his conception of these two char- acters/as such a pair are;to be found plentifully represented iti everyday life. ■ ' :Katherine Markham (Jane Cowl),, writer of gobd books that enjoy fair sales, reaches 'past 40' following a series of love affairs that now find her in a rbmance with Rudd Kendall (Kent Smith), 10, years her junior. 'Kit' has never married, among other reasons being the one that the only man she ever wanted to marry hap- piened to be the husband of her life- long friend, Mildred Drake (Peggy Wood), writer of popular fiction. This situation, however, has been unknown to Mildred, whose mar- riage .finally broke up after a 10- year try. Mildred's daughter, Deirdre (Adele Longmire), -who idolizes Kit ahd is more or less cold to her own mother, has reached the age where she is contemplating wild oats, the'subject being a. chaser of the ritzy set named Luclen Grant. Kit .has never let Deirdre know bf her numerous romances for fear she Would follow suit, using Kit as her model. . Kendall propbses to Kit. and her first reaction is 'No,' but subsequent- ly she decides the idea isn't such a bad .ohe after all and she tells Mil- dred that she intends to accept Ken- dall. Meanwhile - the lad has met Deirdre, and the yOung pair discover their muj^ual love. Wnen Deirdre learns of the situation that has ex isted between Kit 9'd Kendall, she attempts to step but of his life and follbw Kit's example via- a session with Grant. She: Can't go through with: the final step, -however,, and Kendall peirsuades licr tb wait for hirn while he goes tb. Hbllywood to arrange a job.as a play, reader. Cur- tain conies with Kit minus het lover and Mildred minus her daughter, but with the two licking their individual wounds ahd; deciding that even.these developments: cannot; destroy their .'indestructibleV friendship. ; .. Van Druten has fed ihis characters ^bitie beautiful lines, his dialog, main- taining a high degree -of exoellerice. A well-chpsen cast .meets the author more thah-half way in piitting his; ideas., across; . Miss ;Cowl has her best rple in; some time arid plays. If outstandingly. She gives, physical allure and .acting, skill tb the part, and the net result is a first-rate per- formance. Mis^ Wood) likewise,- is on her toes - throUghb.iU in a glove- fitting characterization, arid she;ma;nr ages,to be attractive even in a role that calls for overdressing. : Adele Lpngmire is captivating as the in'r geriue daughter; having :a kriack of putting considerable fbrce iritb her delivery. Without beingturbulent; abbut. it. Girl, registers; well. both as to looks and histribnicially. Kent Smith offers tophotch support as: Kendall," being equally skillful jh his scenes with the older Kit arid the youthful'Deiirdre. .'Barry Jbries is In briefly as -Mildred's ex-husband, but he makes every, niinute ' onstage count. ■ Auriol Lee's staging- rates a hand, as also does Richard Whbrf's efforts in. the scenic department; Produc- tion as,a whole .spells , class that in- dicates click possibilities.. Also satis-, ^factb.iy bet fdr pix; • ' Btme. OutAVest It^s b Princeton;: Dec; 7. ^ ^Max Gordon pre-ienla.: comedy .In- Ui'ree- nrt3 , )>y . IVirft -mid Samuel .Spewftrk ■ .StnKod .by'.Siini Li'vbne-and, Samuel' Snel wao.ki wlilv .KCliliiKB by DpiValU . Oonslntter Prescmod, for-, flrsi time nt itcCat-ter the- atre, Princeton, N. j;, Doc.. 7, *40; |2,76 . Slewiirt Frank.,....,, Joe llliiken..ii.i-. ■Hiram \Voi'd3\vorili.\ Myra 'Lee.. .SUoiiStiitilfy,. iCeHK Clrubip. ■UUda CIorvah, Matllde^......;:.;..: i Inifrcd KBaii.. Brilndon Carey......-,, l.MfVaudovllllan..;;. Sd VuiidovlUluu:....; liUei-ne.,.;,.., SIgmund Sw^titsHr. .....Martin Bla'liift .....William .Sands .iClmrlea-.DeShelm •-..Kuthcrlile Biird ;..:......1u1)ik .Sh«llll>- .. ......Piim-I.eveho- .i,..;.;. .Krljc l)untmi .I]i»-6' M'erriniiii', .;..; .' i .(.'lalre-Trovor ..... Keenan .Wynii -Arlliiip- Havel- .....Morion Havel- .........1,1111 noBB: ....Alan ilacAlecr. The Spew'acks, Sam and- Bella, have: let: Broadway down; arid As/ith - a.;th,ud that's embarrassing.; It's all the more regrettable since in their riew play, 'Out West It's Differe^it,'. which preemed; at McCarter, here-. under ; the. Max Gbrdoh banhcr,. they have , achieved .rriortierits . Of sparkling,; perfect comedy. But if IS sadly lacking in. plot material. In. attempting to take pot-shots at the Mercury, Group Theatre, et al., the Spewacks- have- suCcuriied to the; prevalent weakness bf buildirig plays - around .;Qne br: t.wo; colorful page 1 headline characters', while disregarol- ing the heed-for a suitable story, It still hblds true, that no matle^- how clever you. say ..it,; it's. essential - that you have something worth, saying. ' Mildly laughing at the theatre that is free from the confines of material-^ . ism and on the superior plane of art for art's;sake, the aiithors have re-? ; sorted, to every ;cliche and ring in all the. termiriology of the bbhemian arty-theatre.. The exaggerated take- offs, particularly of the Group's golden boy wbnder, Clifltord Odets; the, directoirlal geriius of the .'new Stanilovsky' who .doubles as the mbnster On the air, and Hollywood's 'Queen of the B's,' ,whbse riiarriage to the -Aniericari Checkoy' disrupts the harmony of the Nucleus Theatre, fail in themselves to provide suffi- cient material for smash comedy. It is only .when they forget that their story exists, somewhere, around ;iO o'clock at night, that the Spewacks come Irito their own, but by then it's tob latie, arid even so they fail to; sustain the riew mood. Action Is laid in the classy uptown apaiiment of Stewart Frank, the Nucleus Theatre's shining hope,; where the cast has assembled to re- hearse the,'American Chekov's lat- est cbntributlbn to ; the (leld of drama. Two weeks before opening the play still lacks a third act be- cause Frank yearns for Irigred Egan, refugee from Universal's B lot. Keith Grable, director of the. NucleUs out- fit, tries desperately to keep Frank glued to his working bench, but the.; latter takes a runout powder long enough to marry Ingred and bring her back to the Nucleus-^^Infested apartrhent. , From then on the play revolves around the efforts of Ingred and, Stewart to get a few moments alone and escape the clutches of the hard- driving Grable, who threaitens to dis- band Nucleus uriless Stewart delivers on time. ' ■ ■ . Punctuating the script are delight- ful moments when a Hollywood idol arid his ex-vaude stooges gag through the eoaching of the group's Injured leading man, Hiram Wordsworth. How Hollywood's three Pep boys rev act to Hiram's intellectual spputing.s arid loudly prbclalmed contempt for the bburgeoise theatre as he puts tlie pix idol through the mill of realism makes for socko comedy. ., Sarii Lcvene; in the role bf Grable, turns, in a masterful performance as he exacts every inch of comedy from a role that unfortunately handicaps him. Both he arid Keenan. Wynn, Who gives a splendid and believable; portrayal bf the beautful but dumb screen idol,, carry bff the evenings .acting hbnors. .<^Wynn's naturalnes.s, in ~particular, augurs •well for , the, future of the son of Broadway s aqe clbwri.: Claire Trevor, as Ingred Egan, .is suitably cast in a :role that is /more decbrative,- - than meaty. Charles DeSheirii is fine as / Words-:, worth,-' who lives .for' the day When he can give Brbadway his abstract conception of UnCle Vanya. : Martin Blaine; as GdetsV..prototype, is :very .weak: " . : ;■ ' _ ■• ■ chief flaw in staging ■ by;Levene and Spewack.at.openirig here Satui- day night (7 ) was in the timing^^P.ar-; ticuterly ih 'first act.. Donald .Oen.s- lager's single setting of an apartment proyokecl instant applause. Rosen. . Itoberi Ardrey has." taken -1 house at, San .Antbnib to. ■ write his next .play,-;';' " • ;■ 'During' ihelr. .-audeYille date in Newark, Laurel and • Hardy read scripts arid heard the scores for sev- eral musicals, trying tb .find ane ,lo do;pri Broadway/ -^'^. ■[ '■.'■ ).'' 'Day Tuttle and Richard,'Skinner will toss-'a patty for the 'Chaflejrs Aunt:-company bn stage at, the Cort, N. Y.,: after -ihe Christmas eve, pcr,- fbrmance. . ' -' .;' "