Variety (May 1941)

74 LEGITIMATE Wednesday, May 7, 1941 Gov. Lehman Vetoes Amendment To Ease Mitchell 75c Ticket Law; Brokers Now Press Court Action Saturday (3), the final day for action one way or another by Gov- ernor Herbert H. Lehman on bills passed by New Yorlt's assembly, he vetoed the Coudert amendment which would .have modified the Mitchell law, which fixes a limit of 75c. above boxortice price on all ticlc- ets of admission sold in advance by agencies. The amendment would have exempted fights, opera and other events outside the legit theatre. Brokers favored the Coudert bill. Pending is an application to en- join enforcement of the Mitchell law, agencies objecting on the grounds that it is price-fixing and confiscatory. In his papers, William A, Hyman, attorney for the agency people, sets forth that, while the 75c. premium limit is not objected to for legit theatres, it is a hardship where brokers must pay for sports tickets and other outside attractions because they are often costly and are not returnable, as are legit tickets. Attorney stated that if the Gov- ernor signed the Coudert amend- ment the court proceedings will be I dropped, or at least not pressed. As it failed to be incorporated in the law. the case will now be pushed, all agencies on Broadway favoring that course. PrinciMl-TSBjector to the Coudert bill is said to have b\en Col. John Kilpatrick, head of Mafli son Square Garden. Garden's dire) tors, who include a number of w businessmen, are believed to havi reached the Governor's ear. Garden' officials have been irked by nearby cubby hole speculators, who . manage to obtain tickets for all important events there. Hearing on the court application was scheduled to be heard early last week, but was set back until next Tuesday (13). Hyman has requisitioned the League of New York Thcptres,- which operates the ticket code, which also fixes the premium at 75c., for data on the number of tickets aUqted to and sold by a-'Tcie.':. the amount of money levied upon the ticket people and the disposition of such funds. It's men- tioned in the attornev's pabers that 3c. per ticket was collected, but the League has been gettinf* 2c., not in- sisting on the third penny, which was supposed to be held aside and refunded the brokers if expenditures did not warrant the use of that coin. Miss Sidney-Luther Adler K.C. Resident's Last Show Kansas City, May 6. Sylvia Sidney and Luther Adler in 'Two on an Island' will be the attractions when the Resident the- atre takes over the Music Hall of the municipal auditorium for its final production of the season. May 27 through June 1. Second time in a year little theatre has moved out of its owJi 400 seater to the 2,700-seat Music Hall for a presentation. Last entry was Walter Hampden in 'Our Town.' Lead players will come in 10 days in advance to work in with local cast under direction of Ilia Motyleff, director. Theatre closed its regular season with 'Romance' and Elissa Landi in the lead role this week (10). Fol- lowing appearance here Miss t,andi returns to her writing work which will culminate with the publication this fall of her second novel, 'Injured Innocents.' The forthcoming book is her first with a theatrical back- ground. THURSDAYS NEW B'WAYB.O. BOGIE Shows in Rehearsal OK's Ant'-Baclal Bill Albany, May 6. Governor Lehman signed, with a strongly-worded memorandum of approval, Assemblyman William T, Andrews' bill adding a new:section to the penal law to provide that no person shall, .because ot race, color or religion, be subjected to dis- crimination in his civil rights by any person, corporation or institution, or by the state, any of its agencies or subdivisions. Andrews, a Negro lawyer repre- senting a Harlem district. Introduced a halt dozen measures, as well as a resolution, dealing with various pha'ses of discrimination. Several bills requiring equal ac- commodations and privileges in places of amusement failed to win the Legislature's approval. One. by Assemblyman Daniel L. Burrows, Negro, passed the Lower House, but di'' rot reach a vote In the Senate before adjournment. Thursday night has become the bane of Broadway managers, attend- ance being the smallest of the week in most theatres, while only two shows use that dn- for matinees. There have been frequent com- plaints about 'red' Thursdays, but they have been accentuated lately as legit grosses steadily decline. Curi- ously enough, agencies' business has been fairly good in face of the box- office dips. 'The Man Who Came to Dinner,' Music Box, dropped its ticket scale from $3.30 to $2.20 this week. Show is spanning a second season and there are hopes of it going well into summer, because there are few new shows to. come. 'Dinner' was a standout last season but was slated to tour in the fall. Because of that several members ot the original cast departed, developing a peeve as the play continued its run. . With the sudden cancellation of 'Somewhere in France' alter trying out, again there are no openings this week. Coming next week is "The Happy Days,' Miller. 'Women Aren't Angels' is due June 1 and something called 'Snookie' is now in rehearsal. 'Meet The People' closes at the Mansfield Saturday (10). 'Charley's Aunt' folded at the Cort last Satur- day (3). 'SnookU' — Edward Choate, Shuberts. 'The Happy Days'—Raphael & Robert Hakim. 'Women Aren't Angels' — Lee Ephriam. 'White Cargo' (road)—Wee & Leveiithal. •Gay Divorce' (revival)—Shu- berts. Name Fortune Gallo G.M. of Chi Opera Co.; San Carlo Continuing Fortune Gallo, whose San Carlo Opera Co. has been a fixture on the road for 29 years consecutively, has been named general manager of the Chicago Opera Company. He as- sumes the new duties immediately .' and will supervise the selection of i-'.o to appear in opera, has returned i artists to. be used next season. He to the U. S. For the last few sea- ■ maintain his office in New York sons he has been in opera in Italy, i well as in Chicago. — With -Mussolini's'., declaration of'i' While 'his " opefafic " vgiiture has" war against France and England, he ■ mostly played out of town, San tried to' get back to this country. Carlo in the past two or three sea- flnally succesding in making his way sons played N. Y. for limited, but via Switzerland, France, Spain and successful, periods at the Center Portugal. Impresarios Seen Flooding N.Y. With Pop-Priced Opera Since the close of the Metropolitan season in N. Y., the minor im- presarios and the would-be im- presarios have started to provide N. Y. with a cheaper form of opera. The indefatigible Alfredo Sal- maggi continues to put on his opera at $1 top and has taken over the Warner Bros. Hollywood theatre for that purpose. Other recent developments in- clude the plans of Amedeo Passeri, who has given N. Y. and the coun- try a run for its money in the pre- sentation of opera above the Sal- maggi class, and a bit under Fortune Gallo's presentations. Passerl's com- plete plans are not yet announced, but the ever hopeful impresario plans to establish a cheaper priced permanent company in N. Y. Mrs. Lytle Hull, the foi-mer Mrs. Vincent Astor, has advanced the momentous plans of them all, having announced the taking' over of the 44th Street theatre for a contem- plated six-week season at $3 top to be given In the fall. Presentations would include two operas, two operettas and two ballets weekly. Casts would Include young Ameri- cans who are vocally and dramatic- ally ready, but who have attained little prominence due to lack of op- portunity in the larger companies. Mrs. Hull has announced plans to raise $1,000 each from 50 friends to subscribe to the performances. Only actual project presented dur- ing the past month was a perform- ance of 'Gianni Schlcchi' at Carnegie Hall, under the auspices of the Na- tional Orchestral Assn. STRAWHATS IN ASSN. FOR SELF-BETTERMENT Journey Home Ends Kenneth Kennedy, American sing- er who went to Europe several years Association of Summer Stock Man agers, newest organization within the theatres, has been formed and composed of rural theatre or so- czlled strawhat operators. Stated that because most of isuch ventures were unsuccessful last season, the country showmen decided to get to- gether with the idea of effecting im- provements and economies in stock presenUtlon. It is expected that not only the managers concerned, but the actors in summer ventures will benefit. At the first session held the prob lem of unit shows was discussed, and it will be one purpose of the new group to determine the type of play which visiting names from the Coast should appear in. Likely that the Hollywood package show idea will be revised, with more effective per- formances the aim. Special royalty terms for summer stock from authors is a primary objective. Milton Stiefel, of Ivoryton, Conn, was named president; Richard Al drich, Dennis, Mass., v.p.; John Wil- berg, Maplewood. N. J., secretary and .general counsel, Billy Miles, Stock bridge, Mass., treasurer. There were 24 summer stock spots represented at the initial meeting last week and 30 more will probably join. Next meeting is slated for today (7). Radio City. Policy there was popu- lar prices, taking the presentations -nnoTiTiir rtw trcvrn Of Competition with the Metro- DORBIN ON MEND politan. San Carlo troupe starts its Rochester, N. Y., May 6. : 30th annual tour early in October, William Dorbin, ill In Highland. asain under Gallo's direction, hospital here, is nearing recovery ' Trustees of the Chicago Opera in- and is expected to be discharged in elude Rob e r t H. McCormick. Chauncey McCormick, Barnet Far- roll, Weymouth Kirkland, Ira Nel a short time. He Is tentatively slated to join the Alor:?nder WooUcott company of The Man Who Came to Dinner' In New Haven. son Morris, Fred A. Poor, William D. Saltiel, Abner J. Stillwell and Conrad H. Poppen Husen. Blankfort Organizes Amer. Revue Theatre Hollywood, May 6. Henry Blankfort, one of the lead- ers of the Hollywood Theatre Alli- ance, has left the outfit to help or- ganize the American Revue Theatre. First on the list is an all-Negro revue, 'Jump for Joy,' slated for a June opening at the Mayan theatre with Duke Ellington- andf his band featured. Group plans two revues e "year, opening here and later moving to New York. Allied with Blankfort in the American Revue Theatre are Hal Fimberg, Walter Jurman, Sid Kuller and Paul Webster. Experimental Theatre, Needing Coin And Less Nut, Off Till Next Season 'Children' OK for Stock, Still Hope for Barrymore 'My Dear Children,' in which John Barrymore starred, has been re- leased for stock usage b^ Richard Aldrlch and Richard Myers, who produced the show, but within cer- tain limitations. Managers still an- ticipate the possibility that Barry- more will reappear in the play out of town and no stock showings will be made near stands where the play would tour. Prior to Broadway, 'Children' with Barrymore was a great draw and the managers in settling with him assumed a heavy potential loss. He agreed to pay them $15,000 to be re- leased from his contract so that he could return, to pictures. One film was made and Aldrich & Myers re- ceived $5,000. They are supposed to be paid another $10,000, half of that amount from his next two pictures. Managers have selected their first new play for next season, it being 'John Burgess, Berlin.' Aldrich will again conduct the Cape Playhouse, Dennis, Mass., during the summer. B'WAY ANGELS MAKING HAY Last season was something of a standout for non-managers who in- vested in legit production, particu- larly when 'Life With Father' panned out to be a bonanza. This season 'Arsenic and Old Ijace' is proving to be another of the very good things, the backers including some who are in on 'Father.' Profits in 'Arsenic' are being. divided up among a good many more angels than those declared in on 'Father' (Empire, N. Y., Philadelphia and Chicago). There arq other shows this season with silent partners who are mostly well satisfied, although some ven- tures with outside backing ended in the red. Data on the whole is en- couraging to those with coin who have a yen for show business and the indications are more such back- ing will be evident in next season's enterprises. One investor who gets 10% of the profits is said to have made $150,000 out of 'Father' to date, and that does not include his share ot picture rights coin. Bids for the . 'Father' rights are said to be between $400,000 and $500,000 and 40% of the sale price is th$ manager's slice. Play is considered such lasting property, however, that it is expect- ed to be a stage attraction for years and the film rights will not be dis- posed of for some time. Principal backers ot 'Father' are said to be Jock Whitney, Wharton Sl Gable (who represent him) and Howard Cullman. Actors in Out-of-State Flops Can't Collect FnS N. Y. Unemployment Ins. Equity plans to obtain clarification of New York's unemployment insur- ance regulations on behalf ot mem- bers and those of other stage unions who apparently have not been right- ly compensated. Law calls for the payment of $15 maximum for a period of 13 weeks per year. Actors who appeared in shows which orig- inated in this state but played out of town have not been able to col- lect the top sum, that especially ap- plying to shows which rehearsed in New York and closed in other states after trying out. An amendment to the unemploy- ment insurance statute designed to correct some faults was adopted last year, but administrators of the pay- ments say that the wording is not clear and advise applicants tliat it must be rc-phrased before the pres- ent procedure" can be varied. Em- ployers are supposed to pay the state, a percentage of all moneys paid employees, which amounts are not deducted from the pay envelope, although social security is held out. Both state and federal percentages apply even to rehearsal pay. It appears that some managers Indicated that Experimental The- atre activities after three tries, will suspend until next season. Addi- tional scripts under partial consid- eration are doubtful of being dis- played until then, and the outfit has several problems to be solved before it can operate within the lines.,orig- inally conceived. Matter of turther financing is one factor and a way to hold down expenses is anotheh-v Experimental's financial. situiition could have been cleared up for the time being at least. Third play, 'Not in Our Stars,' shown at the Biltmore, N. Y., brought an immediate man- agerial response, blit somebody bungled the opportunity. William A. Brady offered to take over the com- edy for regular presentation, willing to pay $500 in advance, without wait- ing for the reviews. Those in the know inferred that Brady was given the run-a-round. The Theatre Guild was also mentioned as inclined to accept the play. Following day the critics' opinions ranged from bad to good and the manager's desire to present the play evidently cooled off. That re- sulted in discussion over the advis- ability of inviting reviewers to one- time performances of plays sup- posed to be done primarily for man- agerial. eyes, sans costumes, scenery and with few props. In tWe case of 'Stars,' the setting of 'My Sister Eileen' was used, it being the tenant at the Biltmore. Hereafter it is prob- able that critics will not be invited, or, if so, not in their reviewing ca- pacity. Needs More Cooperation Sincerity of Experimental's efforts has not been questioned, but the pro- cedure is incomplete. Idea, which was broached for several seasons, was crystalized when Equity and the Dramatists Guild set up a formulae, principal protective feature of which was to keep out sharpshooters. But they didn't go far enough and should have sought cooperation by the stage unions. It was not until later thtit it was discovered that stagehands had to be paid, also the front of the house (Theati-ical Managers and Agents). As Experimental is a non-^ profit affair and no admission charged there was no excuse for TMA stepping in. It cost around $300 for press agent and company manager, a proportionately large sum, considering that the outfit started with only a bankroll of $2,000 loaned by the National Theatre Academy, latter a movement that has been otherwise latent. Purpose of Expcr-.mental is to ex- hibit new works and give actors a chance to be secen in performance. It is logical that players of some ex- perience be used, but there has been some question raised whether scripts by authors not members of the Guild, as required, would not open an ave- nue for new material. Name Concert Dates (May 7-17) Lauritz Melcblor—Cedar Fells, la. (7). James Melton—Mem. aud., Nash- ville, Tenn. (8).' Grace Moore—Bardavon, Pough- kcepsie, N. Y. (8). Eilo PInza—Tyler, Texas (7); Erie, Pa. (13). Lily Pons—Capitol, Ottawa (7). Albert Spalding — Peddie school, Hightstown, N. J. (9). Leopold Stokowski — (With All- American Youth orch), Carnegie hall, N. Y. (16). Lawrence Tibbett — (With Phila- delphia orch). Hill aud., Ann Arbor, Mich. (7): (with Duluth symph). Armory, Duluth, Minn, (9); Hoch aud., Lawrence, Kans. .(12); Aud., Vancouver, B. C. (14); Capitol, Ya- kima, Wash. (16). have failed to pay. that applying mostly to tryouts. Confusion over the state's liability, however, rests within the law. It appears that when shows play out of town, where there also are unemployment insur- ance laws, the manager may elect whether to pay locally or to New York. Result is that applicants arc told that remuneration can be fig- ured only on the amounts received in New York, although the amend- ment was supposed to remedy that condition.