Variety (Oct 1941)

\?rediic8day, October 29, 1941 LEGITIMATE 49 Overwhehniiig Equity Affirmative On Rule Against Reds, Nazis, Etc. RetuTiu on Equity's referendum on the question ol adding an amend- ment to the constitution barring Beds, Nazis and Fascists from hold- ing office or employment In the asso- ciation, have started to come In. He- Dlies are placed in the baUot box, not to be counted untU Nov. IS; final date for acceptance of the referen- dum vote. Indications are, however, that the ^nemberehlp will vote cverwhehn- Ingly in the affirmative. Certain in- dividuals prevented the proposal from being okayed by the council, but they are said to be a small minority. Conceded even by those who opposed talcing such action at this time because of muddled world conditions that the membership will -override the council., as did a part of the association when the rcferen- dum was decided on at a recent • quarterly meeting. • That Equltyites will so act Is predi- cated on the fact that anti-ism senti- ment Is wide-spread and growing, . while many organizations and unions have adopted similar resolutions, if not constitutional amendments. Equity's head, Bert Lytell, a lead- ing proponent for adoption of the measure, appeared Monday (27) at Uadisbn Square 'Garden in a benefit performance for the Russian . War Belief. Gilbert Miller was honorary chairman of the entertainment dlvi- ' lion. To handle the referendum vote, the Equity council yesterday (Tues- day) appoiiited Hiram Sherman and Richard Taber, tellers; Donald Ran- dolph and. E. John Kennedy, alter- , nates, and Mervyn Williams and Alexander Clarke, watchers. BUTTERWORTH, WYNN ARE ROAD CASUALTIES Latest'road foldup is 'Western Union, Please,' called In after one week at the Studebaker, Chicago. . Show was presented by Aldrlch St ' Myers and in some road places it was called 'Father's Day.' Play re- verted to the original title for the dlsappointin'g Chicago date. It may go on again with Charles But- terworth. who was starred. Actor is ftlll Interested in the part, which is to be extensively rewritten. ' Reports from the road also have it that Ed Wynn'a 'Boys and Girls To- gether' will stop in St. Louis Nov. 8. Musical, 'which brought comic back to the stage after several years in. xetirement, did very well during the opening portion of Its Broadway en- '.gagement. On tour business was known to be spotty, so the actor- manager decided on cancelling the . balance of the show's bookings. It appears to have been scaled too high at 13.30 top, especially in the smaller stands. Longest tour in years had been arranged for 'Boys,' bookings being coast to coast. Itinerary included more than 100 one-nighters and it .was arranged that the company remain on board their sleeping cars when a lucces'sion of such dates were played. in McBride Better WiUlam McBrlde appeared in Mc- Brlde's ticket agency on Broddway early this week, for the first time in •even weeks. He was ordered to slow down by the doctor and followed orders, rest- ing at home. Ticket man now sched- ules office visits only opce in awhile. Engagements Bobby Clark, Mary Boland, Walter Hampden, Donald Burr, Halle Stoddard, Helen Ford,. The Rivals.' Greta Mosheim, 'Letters to Lu- eems.' Cecilia Loflus, Walter Slezak, Lily Cahill, Leona Powers, Ann Ma- •on, Grant Mills, Anita Magee, Ray- mond Roe, Wanda Paul; Edmond Abel, R. V. Whltaker, 'Little Dark Horse.' Margo, Sam Jatfe, Karl Maiden, ^irron McGrath, Bema Ostertag, TTie King's Maid.' Dorothy Sands, Royal Beal, Em- mett Rogers, 'Papa Is AVU' ROSE IN RECONCILIATION WITH UBO, LEE SHUBERT Billy Rose has settled his dlfier- ences with the United Booking Office over the requirements called for in the booking office's regulation con- tracts for his 'Clash By Night,' which opened in Detroit Monday (27). Rose booked the show independently in that stand and In Baltimore, which appears to have given the UBO out- fit considerable concern. It's re- ported the UBO dislikes ructions with managers because It might lead to additional controversy with other showmen. _Rose objected to a stipulation whereby, the UBO shall have the ex- clusive right to book 'Clash' so long as it operates. It is intimated that certain concessions were given Rose, but he declined to say Just what deal was made., Known that he and Lee Shubert, one of those Interested In UBO, talked it over and the truce resulted. They had not been on friendly terms for several y^ars. Rose denied the report that the deal with UBO was arranged only after he had failed to find a sulUble indie N. Y. bouse. He said 'Clash' wUl remain on the road for some weeks. Basic Contract Ready For Signing by Mgrs. And Equity After Delay Basic- agreement between the League of New York Theatres and Equity was ready for aignaturlng early this week. It was slated to be signatured today at three p.m., Mar- .cus Helman acting for the managers and Bert Lytell for Equity. Agree- rnent stipulates that Equity will make no changes of policy or rules for the next two years. Some delay had been occasioned by stipulations coverlng'social security and state un- employment Insurance, the latter especially calling foir clarification. As originally phrased, the League would be held responsible for non- members, including summer stock operators. Decided that the intent of the regulation was to cover first class legit shows and was changed to go read. Some states do not have unem- ployment Insurance, Pointed out that players in summer stocks might appear in as many as a dozen states and It is necessary tor them to verify the number of weeks they worked in any given period so that the in- surance commission may act upon applications for remuneration should Insurance later be applied for in New York, As a protective measure for members, Equity wiU probably provide for such records being sup- plied the association in next season's summer stock contracts. Cerf-Hanna Lose Plea For Inj. on Flop Play May Cerf and Robert Hanna, owners of the legit production, "The More the Merrier,' lost a plea for a temporary injunction against Otto L. Preminger, Norman and Irvin Pincus and Frank Gabrlelson's pro- duction of a play of the same name, when Justice William T. Collins in N. Y. supreme court last week ruled that the defendants' play, having closed, there was no necessity for the injunction. The court set trial for Nov. 10. Plaintiffs' play was produced in 1934 and 1935 In summer stock. Un- able to secure sufficient money for a Broadway run, plaintiffs adver- Msed in VARIETY in March, 1941, and asked for money and a backer. It is claimed Norman Pincus an- swered the ad, read the play, and rejected it 'In September the de- fendants' play of the same name opened on Broadway. The court ruled 'that the title, The More the Merrier,' never ac- quired a secondary meaning associ- ated in the public mind with the plaintiffs' opus. It had no extensive publication or exploitation. Confu- sion, perhaps, but unfair competi- tion has not been shown.' Shows in Rehearsal •Snnny River*—Max Gordon. •Uaa With Blond Hair' CFlre Escape')—Frank Ross, 'LUtie Dark Bone' — Donald' Blackwell, Raymond Curtis. 'Walrus and the Carpenter* ("The Mulberry Bush')—Alfred de Llagre, Jr. 'Seventh Trampfet' — Theatre Associates. 'Chills and Fever* — Harlan Thompson, 'Hope For • Barvest'—Thea- tre Guild. 'Junior Miss*—Max Gordon. 'Papa Is All'—Theatre Guild, Frank Carrington, Agnes Mor- gan. 'Play With Fire'—Reginald Denham. 'Banjo Eyes'—Al Lewis, War- ners. 'Walk Into Hy Fsrior'— Luther Greene. 'Bine . Around Elisabeth'- Borelz, Schorr, Bloomlngdale. 'Claudia* (road, Sd companies) —John (Solden. The Blvals* (revival)—Thea- tre GuUd. m, $100,000 ROP, CLOSES 'Viva O'Brien,* a flOO.OOO flop, dosed at the HaJafUe, N. Y,, Satur- day (25) after playing two weeks plus three performances. Earlier In the week the backers decided to continue the musical despite the pannings It received from critics and first-nighters. Another ftager, Arthur Beckhardt, was put on, also gag men, and Sunday papers carried the show's ad indicating the inten- tion to keep- on going. Friday (24) Clare Vrooman, Cleve- land attorney who fronted for the backers, returned from that city and called the show off. Understood that there was a dispute between Vrooman and John J. Hickey, who presented the show with Chester Hale and Clark Robinson. Hickey sent his resignation by telegram to Vrooman, objecting to proposed changes in the show by Beckhardt. It was re- ported Hickey and Vrooman threw punches at each other in an office in the Majestic, with neither connect- ing, but the fisticuffs are denied. "Viva' was the first professional at- traction Vrooman has been con- nected with, same going for his as- sociates, one of the latter being an airplane parts manufacturer named Alfred Hecker. Vrooman is credited with saying that they will probably be interested in other shows, but that it seemed useless to put more money into 'Viva.' Rose Franken Hurt Rose Franken, who wrote 'Claudia,' current at the Booth, N. Y., and Sel- wyn, Chicago, injured herself, last week when she jumped from the stage during rehearsals of another road company. Result was two broken ribs which kept her at home for several days. Authoress, who directed the origi- nal company, is similarly putting on third and fourth companies of 'Claudia,' Accident held back the fourth company, stated to go into rehearsal next week. Jean Greenfield Broke Jean Greenfield, a prompter in the N. Y. Yiddish theatre, filed a volun- tary petition of bankruptcy In the N. Y. federal court Thursday (16) showing assets of $600 and liabilities of $11,497. . Most of the owed money is on promissory notes and borrowed money, the largest sum, $4^00, being owed to the Hebrew Actors Union, of which he was an official. EUTH WILK, PRODUCEE Jake (WB) Wilk's daughter, Ru,th, who has been mixed up in Broadway legit production matters, has a yen to produce on her own and is reading scripts with an eye to that purpose, 'Not a nickel of my dough for her bankroll,' says the Warner Bros, story editor. Musicals Have the Edge on B way This Season; Dozen More on Way MGRS. LEAGUE MAY REORG MEMBERSHIP A reorganization of the managerial League of New York Theatres so far as membership is concerned is beiiig considered. Recently the organiza- tion decided that Inactive members shall not be permitted the right to vote and attend meetings, but ex- ceptions will be made In cases of those rated among the top show- men. It was proposed that further changes would foster the efficiency of the League. General idea Is to establish two classes in the membership, both of equal standing. One class would be made- up - of -producers, - the - «ther group to be those who own or oper- ate theatres. Contended that ques- tions frequently arise which concern only managers whose principal ac- tivity U to .operate houses, while other matters are of chief interest to producers. When meetings are called to dispose of problems In one classi- fication, managers in the dtfier will not be asked to attend, except those who are both producers and theatre owners. Another slant on the propose^ re- organization la that such a move might dissipate the Idea that the League is dominated by operators of houses. However, there is a League rule that apparently takes care of that contention. It provides that the board of directors shall be evenly divided between producers and house owners or leasees. Board con- sists of 14. ATS Subscriptions at Record High in Pitt, But Plays Draw Criticism Pittsburgh, Oct 28. T^end of times locally can be found In fact that Theatre Gulld- ATS subscription list Is currently biggest in years here, despite fact that first series play doesn't come In for couple of weeks. At present, guaranteed money for every sub- scription play is more than $7,600 weekly, an Increase of around $3,000 over last season's figures. However, It's felt In some quarters that Guild Is taking undue advantage of this situation in sending In as- first subscription offering (Nov. 3) a new and untried play, "Papa Is AIL' Criticism la justified, too, inasmuch as In original prospectus sent out by Guild, four established hits were promised in addition to two tryouts with names, Helen Hayes and Katha- rine Hep.burq.. Successes supposed to have been Included In list were •Watch On Rhine,' 'Corn Is Green,' 'Claudia' and 'Arsenic and Old Lace.' Latter was to have played two weeks, first to subscription audience. Guild's argument, however, is that on account of delays and con- tinued Broadway' runs for the ex- -pected -hits. It has to get series underway as soon as possible and that it will offer the others anyway at reduced rates to subscribers when they eventually play Pittsburgh. French in Army as Capt; Cooke GJL for Golden Captain Richard E. (Dixie) French, general manager for John Golden, was ordered to report for duty in the army and was Inducted at Fort Jay, Governors Island, Tuesday (28). French was an officer in the reserve corps. He rose to captaincy while serving overseas in World War I, later being given the rank of ma- jor. In re-entering the service It is customary for a reserve officer to be given rating one degree less, which accounts for his present status as a captain. Understood that Eddie Cooke Is slated to become general manager for Ciolden,' a post he had when that showman and the late Winchell Smith were partners. Cooke is at Morrall Hall, a hospital at the Mayo Clinic, Rochester, Minn. He is re-, ported in satisfactory condition fol- lowing an operation. So far this season musicals have a distinct scoring edge on straight play entrants on Broadway and indlcat- tlons are that this ^pe of show will feature the legit list later in the fall and thereafter. There are nearly a dozen musicals In various stages of readiness, including the brace which open this week: 'Let's Face It,' Im- perial, today (Wed.), 'High Kickers,' Broadhurst, Friday (31). 'Best Foot Forward,' Barrymore, was the first major musical to arrive and It Is a smash. ^ Others due In or slated to debut this side of the Christmas holidays, or shortly thereafter, are 'Sons o' Fun,' produced by the Shuberts; 'Banjo Eyes,! produced by Eddie Cantor and Warners; 'Sunny River' ('New Orleans') produced by Max Gordon*,- -And- -So-To -Sedlam,'- -pro>- duced by Michael Todd; 'Lady Comes Across,' produced by Charles Rogers and (tester Hale; 'Hotel Splendlde,* which Is being revised tor Dwight Deere Wiman and Rlphr ard Rogers; 'Something to Shout About,' due to bring Earl /Carroll back to Broadway, and 'Zlegfeld Follies,' scheduled by the-^huberts. November Premieres There are 18 sho'ws 'scheduled to arrive In New York during Novem- ber: 'Man With Blonde Hair' (Tire Escape), Belasco; 'iBlithe Spirit,* Morosco; The Walrus and the Caz- penter* ("The Mulberry Bush'), Cort; 'Spring Again,' Henry-Miller's 'Mac- beth,'' National; Hieatre,' Hudson (probable); 'Play With Fire,' Long- acre; 'Little Dark Horse,' Golden; 'Ring Around Elizabeth,' Playhouse; "Walk Into My Parlor' (Forrest); 'Banjo Eyes,' Hollywood (Warners); 'Sons o' Ftm,' Winter Garden (prob- able); 'Junior Miss,' Lyceum; 'Hope For a Harvest,' Guild. Others not definitely assigned theatres are The Seventh Trumpet,' 'CHash by Night,' 'Chills and Fever,' and 'Five Chelsea Lane,' 'Banjo* is dated for Dec. 4, but arrives during the week starting Nov. 30. . There were 13 premieres during October. Season's casualty list was tilted last week when- three shows were taken off. 'Good Neighbor* lasted but one performance at the Windsor, while 'Aj You Like It' tarried one week at the Mansfield. 'Viva O'Brien,' most costly flop to date thla fall, stopped at the Majestic after playing two weeks and two nlghta. This Saturday (1) 'AU Men Ar* Alike' will stop at the Hud^n. Lef Ephriam who brought it from Lon- don, Is going back there. .| EQUITY LENIENT WITH CHAMBERLAIN BROWN Chamberlain Brown has been given 30 days In which to pay off financial obligations brought about through Irregularities In summer stock casting. Equity council's rul- ing was IncUned to be lenient, since violations of agency rules as set forth in his agency permit were revealed. Failure to make payment may rtiult in cancellation of the permit. Agent had contracted on behalf of Anna Sten, screen actress, to appear" for Allen Gray Holmes In 'Smart Girl,' also known As 'Nancy's Private Affair.* Miss Sten cancelled the date, having accepted an offer to tour in 'Separate Rooms.' Brown settled Holmes' claim for $100, which turned over to the caster by Miss Sten's husband, but the country stock man- ager Insisted he was entitled to $300, the salary called for In the contract given Miss Sten. Brown assumed the llabUity. Agent.also admitted Irregularities in a mixup concerning the showing of 'Burlesque,' carded by Anthony Perella at his Deer Lake theatre, Orangeburg, Pa. Understood in both Instances it was carelessness on the part of Brown, rather than willful Intent to violate the rules. Strawhat Collec^oiu, $7,600 Charity collections in we summer stock theatres amounted to $7,500, the biggest pass-the-hat drive yet in the sticks. Coin was divided among three organizations. Actors Fund and British War Relief getthig $3,000 each, while the Stage Relief got $1,500. Collection had been turned over to the Summer Stock Managers Assn. for distribution.