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Wednesday, April 16, 1941 LEGITIMATE 49 of 1)iiBarry' '■ ' '/Heeiiing- QatlipUc organLzatioiu' . .protests 'Ui9t tb« show .!■ Indecent and' an affront to wonianl^bod and :the inarrlago: Lutltutipn, Milyor ; George & Leaish. b^wed. -'Du Barrjr Was a Lady,' which had been sched' uied to open Ji fouTHlay engagement at the Lyceiuxi . last; -SUhday (13> Previously^ St: Paul\ city Authorities had forbiddeb, the musical there, forcing cancelatibn of a;oiie-day (12) bookipg. . Mayor ii^ach tiook action follow Ing . public hearing at; which , the- show .. was : denounced aiid .^lei- fended. Th^ fact that he is'ui) .for ire-electipn at the.: primaries: liext .'mo>ith put hini bn a hbt spot. . 'Dii Barry'. Is .the first show td be prohibited here since 'Crazy Quilt' nine years ago.' That show imrhe' diately moved over to St. Paul and did turnaway business for the entire >veek.' 'The. m^^ -who banned It was defeatied at the. next election. JDuring the past several seasons St Paul lias refused;'Tobacco R<^4d'. permit: to be presented thfere.: After the maypr's edict, forbidding the local engageriierit, the show's sponsors considered legal action to circiimvent: the prdei-. .". However, following a; telephone conference with A. L. Berman; New York at;- torriey repTesenting producer R G. ' De Sylva^ it was announced by. iTbhn Leffler, company manager, that. the : local engagement would be . aban . dohed and that the show would open in. Milwaukee Sunday .(13), playiiig the four days, intended for Mihne apolis along with the three . orig Inaiiy . hooked. ' .. : Thie advance .sale here was ap' prbxiinately : |io,0(X), Manager . Murray of the I^yceiun stated. Tlie money was refunded. |i6for.e departing ;with. the com^ . pany, laying 6ft here Holy Week, Leff ler. issued a- vitriblic > statement to the press, lambasting the. mayor and Minneapolis moral conditions. 'We are being, crucified by your mayor because of political greed,' Leffler said..' 'The-mayor never saw the shoyir: He was playing politics. ^Besides, the mayor apparently is no Pne tp judge:as to whether somC' thing is indecent. He should start on his own town ,befpre he tells us what to do. I went to a burlesque show at the. Alvin last. liight and there were things in thai shPw that wouldn't be permitted in 'Du Barry,' Then we went to six 'joints' and Oiey were doing everything. . All-night unlicensed -liquoi: establishments were running wide open with every kind of gambling deyice and game 'Those people who appeared iat the hearing and asked to have the show stopped never had seen it. I predict that the banning of .'Du Barry' will prevent many >)ther Broadway (Continued on page 52) Actor-Draftees On Road Get Return Fares There are ;no known instances </f the army draft haying forced the , withdrawal of actors in touring sliows, but, foreseeing the ppssibil :: Ity. Equii^ has adopted a rule pro- tecting members on trahsportation costs, ^^oUld they. be. called; As ef- fective .April 8, should a member, ill a ttiad cpmpany be drafted, the mah- . ager shall .pay ~ the . member the amount of the return; fare and the member shall hot be required to pay • the fare of his successor.; : Equity^ contends it is not a change of rules, which Its pact with the managers prbhibits, b.ut merely an interpretation of the rule. ■ Jri stand- ard cpntracts there is a clause which Teadsi. 'The managei: agree? tp. abide by the determination of Equity as . to .Virhether the folregoing clauses ajiply to any given situiatiph arid such de- . termination may. be final,' , In other ■words Equity's counsel has the right to decide. whether^iVniemhier leaves . . a show for a valid reason, which ob- viates penalization. . ■ . G>tlierwise, if an: actor leaves a ■■ touring show at his o\yh biehest he must pay, his return fare and that of his successor^ Equity - takes tlie Viiewpbint that :^inanagers will accept the ruling as a patriotic duty and it is also a hint to producers to cfxer- cise care in casting, so that actors subject to call by the-army will not be engaged in road shows.,. , Mornis Joe'Gransky whPsc Arrow "Kcket agency was weill known bil Brbad- vraji' has advised theatre manage- ments that he Is ill and may be In- disposed .indiefinitely. : . Piirpose of coirimunications w6re to. tell the box- offices that whatever'hibhey . is bwed theni /will bie paid off. It appears that the birbker, who has an agency at Delmonibo's,; gave . oiit' several checks' for which there •were ihsuf-. flcient funds. Most; pfj that paper has beeti picked up. ' Understood that tne hotel agency,. Which continues to operate, does iiot pwP the. thfatr^s . more llian |^00; Usually brokers. settle with, box ofr fices on'each MpndJiy for ticket^ Pb- tained during the previous week. ; ; : ' . Cleveland, April 19. Instead. Pf playing the Haiina as It was first skedded, 'Du Barry "Was a Lady' is being touted into civic audi- torium's Music Hall April 29 fbr five days to settle a squabble that Is agi- tating local theatrical circles,. : : ' : Bert Lahr musical was. one. of 20 shows which the Haniia guaranteed to Cilevelarid Playgoers, Inc., civic drama-supporting Prganiiiatibn, in its subscription series. Date hsid' been tentatively set about four times, but it wras shelved when winter legit sea- son was cut short five weeks ago to. permit opening of'Fantasia.' ' Both subscribers whb put up mbriey for advance tickets and newsr paper critics - let out loud yowls, William F, McDerihott, drama ed of Plain Dealer, morning sheet, editpri- atiy Tii^ped into spbnsbring group as well as the theatre foi-. not keeping their promiseis. Critic accused them of short-changing the town by pass- ing .lip or failing to get good plays available. Pointed .out only 16 shows were booked, into the Hanna this year, compared to .18' in 1939-40, when business wasn't so hot; ■When prez of Playgoers, Inc.; re- torted in. a printed protest that the drop .was caused by a scarcity of plays, the veteran reviewer quoted 'Variety's recently published figures proving that-31 New York shows went on tour this year. Cleveland didn't get as many important plays^ he declared, as Detroit and Pitts- burgh, whicli are. smaller cities. ' To satisfy -jquawking subscribers the ; drama-sponsoring committee, .backed by Chamber of Commerce, decided^P rent piart of ciyic audito- rium and bring in 'Du Barry' on their own hook.. Since mayors of St. Paul and Minneapolis barred it bri grounds of Indecency, the local angels are getting a bit jittery: ias tb whether it will get a go-sign from Clevelarid's mayor, :• Although the Hanna plans to run 'Faritasia': Up to June at least, there's a possibility of a summer StiJck com-; pany .being, .installed in it by Elmer Weiiier, concert booker,;- . Strawhat on B'way? Kevarsiiie tlie usual prdeir, siunmer stock .niay bf tried: oh Broadway. Idea: is beilng considered by .Helen Warrien,: who first planned i.. rUriail ^utiat.. ■•; Miss Warren, who recently arrived troiii the Coast, also aims trying but new scripts. N^Y^CrifeWMi Off Week, Plan es Equity Nixes 2-a-Night AnnyCamp lOWS Wiber This b^ejng a.- bye week ph.Broiad- way in respect-to hew shows, several Critics; dircle memibers are formiilat'p ihg pro|>osals tp.' be madb: at the an- nual get-together . next week, that would pep up the organizatipn. Cir- cle started as a compact group lim- ited to drama reviewers ■ on ttie dailiies,: but has becorhe so; elastic almbat anybody can get in. Sonie of the charter, people think it's abput^ timie they;met the new members. .A change in the fbrm pf the an- nual, best play award .is deemed a good idea;^ Instead pf a Small plaque, a scroll. which could be displayed in the theatre lobby ihaj7 gp tp the Winner; Another idea is tb have a dinner which the public .Cpuld'attend, net proceeds to go to Charity; ^ Critics: are' dping plenty of mulling: over their choice bf the season's best play and the voting will be probably more hectic than last; year, when William Saroyan's . "Tinie of Your Life' finally won out. Then the. Pulitzer committee' named the same play and the critics biirned Seems that the reviewers still have a weather eye on Sarbyan, whose "The Beautiful People' opens at the Lyceum next Monday (21). Because of that the Circle has postponed its award session'.until the next night , It is not. expected that there will lae uniformity in considering,'Watch on the Rhine/ newest dramatic hit (Beck), aihd tiiat also applies to 'Native Son' (St, James). 'Claludia:' (Booth), 'Flight to; the West" and 'Arsenic and Old Lace' (Fulton) are regarded as in the ^rimning, while some ^critics are known to favor 'Lady in the Dark' (Alvin). SEE BTO An application : to .examine John F, Walters, cbihptrbller of the Shii- bert Theatres Corp,, before trial was made yesterday (Tuesday ) ; in N.Y. supreihe . court by /Sidney' Wilmer and Walter .Virtcenti who are suing the . Shiiberts -and Select Theatres Corp, for $2'5,000 damages. . Plain- tiffs claim; failure to. pay the 10% royalties aillegediy due. ;oh the oper- etta,. "(jountess Maritia;' ■fllTilmer & Vincent - acquired the Americari rights; to the operetta; in 1025, .and gave them tb the Shiiberts for 10% bf the; profits -which are estimated at $250^000. iSelect took over the Shubert cbhtract-in 1933. .'■ SWAMPED BY CUFFOS Saroyaiii's invitation', to 'Pedple' Preview itxets 4,000 Replies. William! -Saroyan's .offer to give away titke'ts. tb see; a. prievieW; of, his .'the Beautiful Pebpie, ait the Lyceuhi, N. \Y.i tonight (16) met with : un- looked fpi* response. Stipulation was that applicants must write in their requests. More than. 4;opO ; letters were received, about four times the cajpacity bf the theatre. Author, how turned manager, gave orders that alt who applied be . setit replies; and. those nbt. takehv care , pf may . be placed upon the free /list after the play opehs. . TTiere will be six previerys- during the week, three being paid-fbr par- ties, 'People' makes its debut next Monday . (21). ' i : ' ' . Last season Holy Week was l^etter along Broadway than Easter Week, a phenomena, but the situation now is reversed. Although Monday (14) night attendance was under expec- tations, advance tales Indicate a comeback frOiri the flock pf new lo^y gross marks that were -registered last: week, ' However,; first dash pf summer! temperature :that ushered in the yireek did not calculate to help the boxoffices. :; Monday,- when the baseball season opened, it \^as 'the first ; • ,time. , ■ . niemory Uiat the weather: was really mild, for that event, ' Noted by showmen, too, that the climax of Lent was not the only, theatre deterrent. Oh the days that the Allied. reverses in the Balkans were Ja the headlines the b.o.'s sagged : further,;.. Similar fesiction came last Season, when news frorn the war frbnt; was especially dis- couraging. ■' :-■■ ■•■ ■ 'The Night .■ Befbre Christmas,' Mprosco, .was the ,prily ne^y show last week and it was a disappbint- ment: No premieres : this; week; •The Beautiful People,' Lyceum; is the solo debut next . week and indi- cations are for. sporadic arrivals during the balance of ; spring. A. third company of 'Arsenic and Old Lace' is. teing: considered, plan being to anchor it . in Boston. Hub outfit, however, will not be formed until the booking is consumated. Lindsay .ahd.CrbuSe previously de-. clared that they would not play the stand 'if the ticket allbtments were dicteted by Herrick's agency there, latter; agency being allegedly con- trolled by the . Shuberts. ' Slhows playing the Colonial, an Erianger house, are not dbminated by Her- rick's, while the Repertbry is an in- dependent house, where 'Life With Father' made Its run and declined to permit the agency to handle its tickets. "Arsenic' will play either of those theatres. First profit checks to the numerous (21) backers were sent out last week, amount disbursed being $12,- 000.. Highest individual remittance was around $900, that representing a 7%% interest Also there is around $40,000 in reserve. That surplus re- nnains after the New York (Fulton) an'd Chicago; productions had been paid off, and the 'angels' were re- funded their investments in entirety. It is proposed to play all the terri- tory possible within the next 18 months, since the film version will be released in 1043. and repeat dates are contemplated. From Chicago, where the second company opened at the Grand last week, Charles Washburn, who is agentirig, avers that a bonding com- pany, sought. to restrain any an- nouncement b^ the advance sale be- cause of a possible bbxoffice holdup. He had, however, claimed the ad- vance was $30,000. and three dailies printed It, the insurance people be- ing quite Upset.. Treasurers' Benefit BaH at Hotel Clicks For the first time the Treasurers' Club staged its annual benefit for its sick end burial fund at the Waldorf- Astoria, N. Y., Sundry (13). evening.' Instead of; a straight: show, •yvithin a.- theatre, .there was dancing in the: ballroom before and after the per- fbrmance, latter running: about ah Hour and a half. Event was excellently attended, but Equity turned down the proposal thtt concessions be granted for th* number of weekly perfbrmances by pi-oposed legit shows in army camps, « i)roject claimed to haye the back- ing , of industrialists.; Those men-:: iioned as financing the shows ara- E: ; b. Hall, Jr., and W. R. Mcln- tyre,,: with offices in the Graybar building, N. Y., with H. E. Booker, forrner' European showman, as va-. riety unit prbducer. ' , « letter. to- the. council, before which body he appeared last week, Alex Yokel, whb is expected to pro- duce 'Three Men On a Horse' for the Hall-Mclntyre setup,, asked for ' okay to play twice nightly, first per- formance to go on about 6:45: and the /other .Ground 8:3Q, Although it was stated that camp commandants . wanted shows twice nightly. Equity thinlcs otherwise. Felt that it would mean too much hardship te actors. Ruled that the shows could go on only If the casts be paid one-eighth extra pay for ell oyer eight per- formances. If the shows played 14 tiines, as proposed, the lowest pay would be $100 weekly, double the minimum ($50). Yokel later said thtt the ruling would not prevent the camp project from going through. He revised the Schedule for 10 performances week- ly,, shows .to go on twice on Satur- day and Sunday, which would call for two-eighths extra, ' or about $56;26 weekly minimum. When the shows are to start is not definite, but the original plan of putting on 24 plays in the camps during the year still, stands. : However, vaude revues are planned also and such shows would not come within Equity rules. $2,500 Badset Plan as outlined to Equity fixed the weekly budget at $2,500, that ;sum to cover actors' salaries,- trans-, portation, company manager and cd- varice agent, latter to arrange for living quarters. In: the case of mu- sicals, budget of the same total would cover musicians. Some doubt was express^! that the budget would coyer the expenditures. First report th£t net proceeds would go to vari- ous camp service funds was revised, it being, explained that a percentage of the net \yould be sb applied. . Council,; in rejecting : the plan as set forth, felt that, if actors played twice nightly their, perfbrmances would not be satisfactory, especially because, the casts ;wbuld be required tb journey beck and forth to hotels in the towns. Claimed that the nearest townS; to some camps are from 30 to 40 miles distant. If most of the : players received minirnuni .jjay, it was figured they would have little remaining after paying living expen,. ses, Charles Allen is talent agent for HallrMcIntyre and brought Yokel into the picture. Agents ere hot per- mitted tp be interested in shows, according to Equity's agency rules. Claimed, however, that Allen's job .was to attend to getting talent for the camp shows. He is. currently touring the 'All American Revue,' yaude type of musical which Booker prod.iiced and which is said to have grossed $1,000 nightly at Camp.. Meede last week. Guarantors Assure LA. Season of Light Opera : Los Angeles, April 15. - Four sponsors of the Los Angeles ^ . . - , Civic Light Opera association have the principal proceeds were <jeriyed pledged $5,000 apiece tb underwrite from the program, in which ^dvertis-- any losses for the 1941 season at the ing approximating: $8,500 was car- Philharmonic Auditorium. Company ried. Net from the 'book' and the :^an $16,000 into the red last yet* Jack Hurdle, director of the 'Kate; Hopkins' 'radio, prpgrani,, has set Frank Craven to direct and play the lead in Carl Allensworth's new play, '■Village Green,; Which he hopes to put into rehearsal soon. dance-show has not been, figured, Elissa Landiy Guester : . ' Kansas City, April 15; Elisa; Lendi,: film and legit player, came in Monday (14) to begin re- hearsals .in 'Romance,' tb be pre- sented at the Resident'theatre idr a; two-\yeek run begihiiihg April :28. She will,, have; the role of the Ital- ian opera singer in the Edward Sheldon play. Signing of Miss Lahdl: by: the iResident theatre esrries out the yearly policy bf having, a Broadway or film name as guest star once or twice during season.- and $12,000 the year before. Season opens May 19 .with a light opera still to be selected-. Wihdup; of the schedule will be 'Cabin in the Sky,' to be brought from the : east intact. ' ' BEERS aUITS BATCEELOBr Nate Beers has resigned from the Walter Batchelor agency, N. Y„ for which he has. been handling legit casting for the last two. years. He has. tentative production plans for the immediate future, Befpfe joining the Batchelor of- fice, Beers was for several years with the Louis Shurr agency.