Variety (May 1941)

Wednesday, May 7, 1941 LEGITIMATE 73 UBO HAS PLENTY HEADACHES Law vs. Barring Legit Critics Removes 'Last Vestige of Freedom,' Say Mgrs. When Gfovernor Herbert H. Leh- man signed a bUl last Thursday (1) forbidding managers to bar critics and columnists from theatres, Broad- way showmen regarded it as remov- ing their 'last vestige ot freedom' in conducting theatres. When the meas- ure was discussed In the legislature, there was mention of the Shuberts having resorted to barring critics and columnists when displeased with reviews and news comments. Other managers have occasionally threat- ened such action, but few went through with It. Leonard Lyons, columnist on the N. Y. Post, took bows when both houses adopted the bill. He. has been . supposedly . banned by the Shuberts for about two years. Wal- ter Winchell, the only reviewer to be denied admittance at openings in recent years, has been in their good graces for some time. Indicated by Lyons that he inspired Assemblyman Irwin Davidson to introduce the measure and during discussion in Albany it was stated that the bill would particularly benefit him. On occasion managers have spec- ulated on the wisdom of keeping out the critics, feeling that some plays are audience shows but likely to get thumbs down from reviewers. Critics are sent tickets gratis, but there is no compulsion on the part of man- agers to do so. Should a manager decide not to send the usual cour- tesies to critics or columnists, if scribes buy or procure tickets they cannot be denied admission under the new law. That seems to be irk- some to the showmen. However, the average manager will concede that there are few instances where favorable notices have boosted the business of a flop, and converse- ly numerous successes were scored after critics did not favor the shows, Bad notices may hamper a good show for a limited time," but the general opinion is that paying audi ences make or break the play. Atlantic City, May 6. The Garden Pier theatre hcs been leased for one year to March 1, 1942 by the Authors and Artists Guild of New York, with Ben Jacobson as president. Lease includes provisions for the presentation of four legit shows. Jacobson said he is dickering for Al Jolson's show, 'Hold On to Your Hats,' and 'Hellzcpoppin,' and added he will produce 'The Green Cup' himself. First production will be given June 1. No Comment by- Governor Albany, May 6. Governor Lehman signed without comment the Davidson bill designed to prohibit the refusal of admission to critics and columnists. The meas ure not only forbids refusal of ad mission, but also the ejection or de mand for departure during the course of the performance. Motion picture houses would have been affected under several drafts of the bill, but finally the words 'motion picture theatres' were omit- ted in the final amending. Violation of the law is a misde meaner, punishable by fine or im- prisonment or both. Plus this, the critic or columnist refused admis- sion can recover in civil action, from $100 to $500 for each violation. Lease A. C. Theatre GILLMORE DOES NOT CHOOSE TO RUN T of Dark All the Great Number Weeks Absorb Profits — Former 35-Week Seasons Now Down to .20 Weeks TOO FEW SHOWS At the approaching annual meet- ing of the Associated Actors and Artistes of America, parent of the talent unions, a new president is scheduled to be named. Incumbent Frank Gillmore is said to have de- clared he would not be a candidate. There is no salary for the office. Four A's headquarters in Equity's offices and virtually exists only on paper. It is controlled by the board, made up of representatives of the various affiliates. However, Gillmore, as executive director of Four A's, with offices in the Equity building, draws a salary of $150 weekly. Under the arrange- ment made last year, when Gillmore assented to a decrease in pay from $13,000 annually, he is permitted to give as much or as little time to the directorship job as he wishes. Former Equity' head's salaTy is guaranteed by the Four A's affiliates individually for the balance of his life, in the event there is not suffi- cient money in the treasury. Gill more's advancing age is understood to explain his desire to duck the Four A presidency, but he has been showing up regularly in his office. Group Theatre Taking Action to Halt Strawhat Using Similar BiGing N.Y. GOVERNOR VETOES NEW CHILD UBOR LAW Albany, May 6. The Ehrlich Bill, proposing t uni- form state-wide system of regulating the employment of children under 16 in all branches of show business, radio ihcluded, was vetoed by Gov- ernor Herbert H. Lehman on the ground that it was defectively drawn and the subject matter 'too impor- tant to be subjected to the confu- sion, uncertainty and inevitable litigation' which would follow execu- tive approvcl of the measure. The veto was not unexpected, in light of the fact that the Governor a few days before had okayed the Manning-Jayne act. The latter, which permits the participation and em- ployment of children under 16 in theatrical performances stEged by non-profit associations and com- panies, would hardly have been ne- cessary were the more comprehen- sive Ehrlich bill signed. Robt Sherwood Wins Third Pufitzer Award With There ShaD Be No Night' Saroyan's Offer Group Theatre is taking steps to prevent a small theatrical troupe in New York from using its name for a season of summer stock in Toledo, Although the Group is not currently active, Kermit Bloomgarten, general manager for the organization, indi cated he will warn the new outfit not to use the Group name and, necessary, take legal steps to prevent it. Director of the so-called New York Group Theatre is reported to be Jan Lindermann. Neither Bloom- garten nor other members of the real Group has ever heard of such a person. Group currently has no regular office in New York, but the organization is still in existence and further production plans are con- -templated..- Company.'a_last.produc- tion, 'Night Music' by Clifford Odets, was unsuccessful. Criticism has been aimed at the United Booking Office methods, but the books of the legit routing outfit disclose plenty of headaches in its attempt to supply shows to out of town theatres. Stated that only a few such houses have operated to any profit this season, and even in those cases the black is strictly tech- nical. Every theatre outside of New York is claimed to actually be in the red, not only this- season but previ- ously. Marcus Heiman, who is interested in Erlanger's part of UBO and in the production end as associate of Max Gordon, says that the average hit makes more money in one week than any out ot town theatre in a whole season of stop and go opera- tion. He should know, being on both ends. The reason is that there are not enough shows produced. It's claimed that those houses which earn anything more than oper- ative costs get little more than the taxes. They are not able to show any return on the investment. Hope of the out-of-town showmen is an in- crease in production or an upturn in realty which would provide the op- portunity to sell the property. In times when many more shows toured, such theatres showed profits of $25,000 and upward. In recent sea- sons, if a net profit was registered, it has been very smell. Formerly the road season averaged 35 weeks, whereas now the lighted weeks aver- age not over 20 per year, while the budget is based on the longer period. Dark Weeks Hurt The bane of the manager in the week stands is the number of dark weeks, sometimes six or more in succession. Another worry is try- outs, that especially applying to the east, Stands less accessible consti- tute a tougher problem than the others and efforts of the bookers to provide shows for those houses have extended to unusual proportions. Washington is the most successful oui-of-town theatre this season, dC' spite the fact that it had a dozen try ouU. The capital is filled to over fiowing, which explains the heavy patronage. Providence is the worst legit town on the UBO books, with Atlanta the runnerup. Los Angeles, which used to keep two theatres lighted 52 weeks per year, has had a 15-week season this year and only one house getting road shows. Chicago theatres h£ve had a number of win ning shows, but the string of dark weeks absorbs most of the profit Same goes for Boston. Baltimore has been fairly successful, despite the fact that UBO's Ford's has opposition <Maryland). Both houses fare okay There is a new deal with the estate (Continued on page 76) William Saroyan, . who won but rejected the Pulitzer prize last season with 'Time of Your Life,' , may have changed his mind about that award. Before going west last week he said that if his 'The Beautiful People' (Lyceum, N.Y.) copped the nod, he would give the Pulitzer com- mittee $1,000, which is the amount of the prize. Saroyan probably realizes the audience pull of the award, helping Time' on the road this season. Also he Is a manager now, having produced 'People' himself. A.K.OPEREnAS HAVEB.O. ON ROAD The success of operetta revivals on the road is one of the spring sur- prises. Shuberts are earning coin with The Student Prince,' 'Blossom Time' and 'Rose Marie,' shows which have been jealously guarded by J. J., but mostly In the storehouse. They were fetched forth now and then, but principally for out-of-door show- ings, where the settings and cos- ttunes were not usually given close inspection by audiences. Now in regular legiters the a.k. musicals are being welcomed. While not getting record grosses, the biz is fooling some of the wise guys on Broadway. Explanation may be that the shows are drawing the younger generation, also that there is a short- age of touring shows, while the ab sence of the scores from radio be cause of the radio-music war is a possible lesser reason. 'Blossom Time' has been most con- sistently revived by the Shuberts less costly to operate than the other two. 'Marie' was produced by Ar- thur Hammerstein, who declined selling the rights, intending to revive it himself, until he went into bank- ruptcy. Rights were then picked up by the Shuberts in a receivership sale. Latest musical revival by the Shu berts is "The Gay Divorcee," original ly done by Dwight Deere Wiman. It is also not expensive to operate for a musical. Cast includes Dorothy Stone, Charles Collins and Luella Gear. Toledo Setup Toledo, O., May 6 New summer spot called Lake- j mont Landing is to be opened near here May 30, with an outdoor the- atre seating 800. New York Group Theatre, under the direction of Jan Naming New Fund Prexy 4ctors Fund of America, will hold its afinuaf in'eenhg' at" ■ihe-National; N. Y., Friday (9). For the flrst time since' 1908 a new president will bo elected, replacing th»- late Daniel Frohman. When he died last year, Walter Vincent, first v.p., automatic- ally became head of the Fund and will be regularly named at the meet- ing. The Pulitzer award committee completely fooled Broadway, cer- tainly the critics, in naming 'There Shall Be No Night' as the outstand- ing drama ot the year. Robert E, Sherwood, who authored the play, thereby won the Pulitzer nod for the third time, tielng Eugene O'Neill on that score. The lanky Sherwood won previously with his 'Idiot's Delight* and 'Abe Lincoln in Illinois.' 'Night* technically belongs to last season's productions, having opened at the Alvin, N. Y., April 29 of last year. Deadline tor all Pulitzer awards is March 31 of each year. Therefore the Sherwood play was not even considered last spring. Watch on the Rhine' (Beck theatre, N. Y.), which won the critics prize, did not come within the Pulitzer committee's considerations, but is eligible for the award next year. Understood that no other play than the Sherwood work entered in the committee's deliberations, hence the award was unanimous. Saroyan—Again! 'Night' was considered last season by the N. Y. critics, however, and there was a heap of shuffling when the reviewers battled it out, ending when William Saroyan's 'Time of Your Life' was named. That the latter also won the Pulitzer prize last year seemed to irk the critics, who formerly did not highly regard the choices of the Pulitzer committee. 'Night' has an exciting history. It started when Alfred Lunt and Lynn Fontanne, starred in the play, read the script on their way home, intend- ing a long vacation, So much stirred were they that the Lunts telegraphed Sherwood immediate acceptance. They soon returned to New York and the play scored sensationally. After a summer layoff it resumed and went on tour, drawing the most consistent high grosses of any straight play this season. Tour was ended last Satur- day (3), but will again take to the- road next fall for at least 16 weeks, although a tour-week return date on Broadway is possible. Award accompanying the prize of $1,000 reads: 'The original American play performed in New York, which shall represent in marked fashion the educational value and power ot the stage, preferably dealing with Amer- ican Life.' Sherwood is of the Playwrights Co. and is rated their most dominant member. 'Night' was produced by the Playwrights and the Theatre Guild, in which Lunts are directors. TarietyV Calling Mpls. N.G. for B.O. Vexes Mgr. But He Can't Disprove It JOLSON GETS 6-MONTH ROAD TOUR IN 'HATS' Al Jolson has Minneapolis, M?v 6. Leo Murray, manager of the I Lyceum, legit roadshow house, has I taken exception to the aspersions ■ which Varicty has been cfsting I upon Minneapolis as a 'show town' I in general, and to a recent squib charging local theatregoers with being niggardly in buying enter- a SIX New trustees are Marcus Heiman, | Lindermann, has been engaged for j Frank E. Henderson and Antoinette ■,n(i\o-i^\nu. she does not de.sire a 10-wcek season of stock, opening Perry, while Lee Shubert goes on latter inuicdimfe sne aoes noi oe.sire June 23. the board for one year. Vice-prcsi- Recently formed corporation of i dents: Harry G. Sommers. Katha- Toledo businessmen, Hutch, Inc.. I rine Cornell; treasurer, Sam A. will operate the venture, which will . Scribner; secretary, Robert C-amp- include a real estate development on ! bell. Other trustees to be re-elected: the Lake Erie shore, a golf course Lee Baker, George Christie and and yacht club. 1 Sam Forrest. arranged months tour of 'Hold On to Your Iin particular. HaU,' It being the first major musi-1 Murray 'struck back' by citing this cal definitely booked for the road for season's figures for publication in next season. When the star closed Merle Potter's 'Your Time' column the show at the Shubert, N. Y., last, in the Times-Tribune, winter he stated he would tour it in I -Lunt and Fontanne did $17,000 the fall, although the picture rights | (capacity business); Hepburn did were dLspo.sed of. | $15,000; Gertrude Lawrence, $9,000, 'Hats' is dated to open at the Gar- and Tallulah Bankl.cad $8,000,' den . Pier,__AUantic . Cjly,.. Aug,,. .17;.i.slatcd Murray.—'All-playedrfour.per-. Bofton and Philadelphia arc to fol- j formances and got fancy prices.' low, show then heading westward. But the trade otherwise appar- Show's final date at this time is At-! enlly agrees with Vabietv and other I'anta in February, film relcESC date ; boxofficc figures seem to bear out approximating that time. Bobby its contentions that this city is one Crawford, who was associated in the of the worst theatre business spots management ot 'Hats,' is in charge in the country. Murray failed to ol the tour, r mention the unsatisfactory business Cass Daley will probably'bc in the ' done by 'The Student Prince,' 'The ! part originated, by Msrtha Raye, .Male Animal;' 'The Man Who Came to tour, due to her planned marriage. Bert Gordon, Russ Brown and others arc .slated to again be in support. Same stall front and back have been cngEged. Louis (Eppy) Epstein will be manager, with John Snecken- bergcr and Frank Cruikshank ahead. to Dinner' and 'Tobacco Road' at the Lyceum this .season. Also, attention is called to the fact that 'liellzapoppin,' which had been bre.ikinfi records in other towns be- fore reaching here, fell .'^liort of sell- ing out at any of its live perform- ances.