Variety (Oct 1942)

Wednesday, October 28, 1942 LEGITIMATE 49 Pro and Con on Early Smi Curtain Question ol early Sunday curtains on Broadway appears to be con- troversial, judeing from responses Irom the managers, and it Is doubt- ful ii there will be any concerted action to start performances sooner than usual. Those who favor early curtains suggested 2 p.m. for matinees and 8 pjn. at night, arguing that Qie average person dines earlier on Sundays and would be attracted to theatres that provide a chance to reach home sooner, what with the usual early Monday workday start Other showmen say there is nothing to that argument. They claim that people take their time on Sundays, eating lunch and dinner later than ordinarily. Those managers claim that boxoffice activity on Sunday evenings is liveliest around 8:30, and ticket sales extend until nearly 9 o'clock. Ads will be inserted in suburban papers, asking theatre-goers there what their preference is, in an effort to clarify the issue. Legit Stock Brodies in Key Cities; luity Still Thinks It Can Go Over Eqi Autumn slock on Broadway and out of town has come a cropper, one outfit on Broadway and three in other cities having suddenly halted Saturday (24). After a single week, the stock 'season' at the Morosco, N. Y., ended. Opening show was 'Bird in Hand', with other plays sup- posed to follow. Stocks in Cincin- nati, Columbus and Milwaukee simi- larly halted. First named stand had been reported to have started prom- isingly. Equity is still confident that stock can be operated successfully, espe- cially on the road, if properly pre- sented. To date most of the man- agers who tried that policy out of town were virtually new to the field. Pointed that they started with guest stars, whereas when stock bloomed ai'.i there were more than 100 such companies regularly on the boards, the showings were quite different. Stated that stock, to have seasonal appeal, should have leading players who become established in the vari- ous communities. It takes between six and eight weeks to build up a clientelle and popularize the leading character people. While the guest star idea has worked out as a gen- eral rule in summer stock, same did not apply in the recent city show- ings. On Broadway the poor business attendant to 'Bird' proved the con- tention that the theatre zone is too highly competitive for stock, unless there be exceptional performances. 'Bird' immediately sought cut-rate support, which reduced the chances of bettering an even break. It Is definite that N. Y. theatres cost too much to operate for mild grossers such as slocks. 'Three Men on a Horse' Ls faring somewhat better at the Forrest, but, despite improve- ment in takings last week, show op- erated In the red for the second week. 'Bird' had a stock setup in the salary end, but when it stopped the status of the players was switched to that of productions. That means they were paid two weeks salary and also received rehearsal pay. In stock one week rehearsals are permitted without rehearsal coin. Status of Three Men' is still not definite and is presently on a production basis, playing eight performances weekly, whereas in stock 10 times are rl- lowed. If another j>lay, with at least six of the present "Three Men' cast, is put on at the Forrest, outfit will then be regarded as stock. SIDNEY HOWARD AWARD AIDS ^WINTER SOLDIERS' Playrights have made a grant of $1,500. known as the Sidney Howard award, to assist in the production of 'Winter Soldiers,' a drama based on the defense of Moscow last year, which a group known as the New School for Social Research is ready- ing. Usually the award is not made until .•spring. Grant does not con- form lo the conditions established, but ihe Playwrights explain they wish to aid the work of a new dramatist. Shepard Traube is stag- ing 'Soldiers.' Award is in memory of Sidney Howard, who was originally of the Playwrights but who met death tragically in 1939. His fellow author- ni.magers decided to honor his mem- or.v by an annual grant lo a new writer having had no previous .sub- stantial success in the theatre rather than to n playwright whose work was eslabli.shed. Dan Jones, who wrote 'Soldiers,' is a Vale man with Hollywood ex- pemence. It is his first play to be produced. EDDIE FORMAN AGAIN CLAIMS 0.&J. % DEAL Eddie Forman, gag writer, charges Olsen tc Johnson, producers of 'Sons o' Fun,' with having resorted to 'fraud' in successfully opposing his suit to collect 1% of the gross re- ceipts of the show tmder an alleged oral contract. Forman's accusations are made in a motion before Supreme Court Justice Morris Eder, who tried the case last June and rendered a verdict in favor of the comedians, upholding their contention that the writer was hired on a weekly basis and that he had been paid in full. Justice Eder has reserveid decision. The new evidence which, accord- ing to Forman, throws an entirely different light on the case, is a $125 check which he has located since the trial and which, he charged, the de- fendants suppressed. Forman's complaint was based on an oral agreement whereby he was to get authors' royalties of 1% as well as billing as being co-author ot the script. He was paid $1,500 in advances, he said, and sought an ac- counting of the play's take as well as damages for not having gotten credit of authorship. Olsen & Johnson testified that they had hired Forman in January, 1941, to assist in preparing the material for their current production and that he was to be paid $250 a week for his services. Forman, they stated, worked for five weeks and three days and was paid $1,375, that he had received his last check on March IS, 1941, and that thereafter they had no further contact with him. They stressed 'Jie partial payment of three days' work to show that he was hired on a sal- ary basis, and they denied that there had ever been any kind of agree- ment to pay him royalties or to pro- vide him with billing as co-author. The newly discovered check. For- man contended in his affidavit, dis- proved the testimony of the defend- ants and supported his contention as to the amount he was paid and that the $1,500 he got was an advance on royalties. Olsen, in an affidavit opposing Ihe motion, told Justice Eder that 'he couldn't follow the reasoning' tie- hind Forman's demand for a new trial. The new check, he argued, proved nothmg either way about sal- ary or royalty and the 'suggestion that Johnson and I suppressed evi- dence is offensive.' - He admitted, however, that 'he April 15 check did modify some of the testimony about the date and the amount of payments, but that it wasn't of sufficient consequence to warrant a new trial. ATAM WAGE DISPUTE GOING BEFORE WLB Managers and the Association of Theatrical Agents & Managers have been advised that future efforts of the latter to obtain an increase in salaries will be staged in Washing- ton next Wednesday (4). Communi- cations to the effect were sent both factions by James R. Steelman, head of the U. S. Conciliation Service, an arm of the War Labor Board, who stated that a three-man board would hear pro and con arguments. First attempt to settle the argu- ment did not jell, one conciliator (James William Fitzpatrick) holding two sessions in N. Y. ATAM seeks a general boost of approximately $25 weekly to members' pay, which ranges from $100 to $175 weekly, basing their claim on the rise in the cost of living since 1938. Agents and managers say their jobs are not steady employment and that their remuneration, which the Showmen's League of New York Theatres con- tends is ample, is not as big as it seems. Managers declined to make an offer of any increase, but may change their minds at the Washing- ton confab, it is intimated. Whether the three conciliators are empow- ered to settle the dispute, or whether it must ultimately be passed upon by WLB, is not clear. Managers probably will be represented by Marcus Heiman, J. J. Shul>ert and James F. Reilly, while ATAM will send Oliver M. Saylor, Richard Maney and . Sidney Cohn to the huddle. HIKE IN ROAD SHOWS THIS SEASON Six $4.40 Musicals Now on B'way, With Big Trade Even Acceding to Sat Tilts AnwNowSet Peter Amo's musical, referred to as a cartoon revue, is more or less definitely due on Broadway shortly after New Year's, after showing in Boston for two weeks starting at Christmas. Show has a tentative title of 'Hit The Ceiling,' but an- other name will be announced. Re- hearsals are dated to start around Thanksgiving. Arno's show will be of the in- timate type and is likely to be spot- ted in the Royale, N. Y. It is among a number of musicals that were due in the fall, but set back for various reasons. Although show business is con- cerned over the possibility of trans- portation jams because of commod- ity and troop movements, there are considerably more legit road shows now than there were last fall at this time. Legit booking bottlenecks have already developed and bookers are puzzled as to how they can spot shows in key stands. Situation is explained by the tour- ing of several revivals and vaude- revues in legit houses. In addition, some of the standouts on the road are playing two weeks instead of one in certain keys, and the general re- sult is to tighten the bookings for other shows, which appear to be left out on a limb. Solution is to keep such shows playing in stands not in regular itineraries, provided the jumps are not too difficult. There is a real house shortage in Chicago for the first time in many seasons. Decrease in legit houses there was further heightened this season by the Grand going over to films, bookers keenly feeling the ab- sence of that spot. The Woods, which was a potential house, al- though in pictures for years, is now entirely out, building have been taken over by the Jesuits. Stagehands Also Call 'Wine'Legit, Bot Unions' Group May Upset That New York stagehands union, which recently classified 'Show Time,' Broadhurst, as legit, has classed 'Wine, Women and Song,' Ambassador, similarly to the sur- prise of Broadway. It is well known that 'Time' is a straight vaude performance, while 'Wine' is vaude or burley-revue. Deckhands, however, say their ruling is based on the established policy of thea- tres played, both being legiters since the time they were built, although the Ambassador has been used for films and other shows at various times. Managers have objected to the union's stance and it is possible that the deckhands may be reversed by the committee formed by the thea- tre craft unions to classify the type of shows presented in legit theatres, motivated by the resurgence of vaude-revues. Committee is headed by Paul DuUzell, of Equity, and SoUy Pemick, of the stagehands. It's stated that whatever action may be taken will not be retroactive, but the stagehands acted on their own and it is understood the musicians union will act similarly. So far as the stagehands are con- cerned, pay of the beads ot depart- ments is not affected, but other members of the crew work on a per performance basis. As 'Wine' goes on 16 times weekly, grips and clearers get virtoally double the wage of legiters on an eight-time weekly twsis^ 'Time' plays 12 times, so the crew there gets 50% more. Men are being paid under protest waiting a final ruling from the tmion committee. If the latter classify future vaude-revues as legiters, ac- tors would also get more pay for all over eight performances and their Sunday status would be in- volved. JOLSON, HALE SETTLE SUIT ON mTS' WALK Actors Get Sleeper Fare If No Sleepers Available Equity hss ruled that in the event that .'bleeping accommodations arc not provided when making overnight jumps, the cost of the berths shall be paid the players. All standard contracts call lor lower berths, but Equity is aware that, because of war emcrKCiicy, trnnsporlalioii accoiT)niodal:on.s can- not always be obtained. ."Man.-iijcr.s have voiced no objection to paying casts Ihc eciiiivalcnt of Ihc .-.Iccper fare, .such item.- bcinu mclirlcd in the 0|jera;i!iK outiay iiii.M'.ay. Su^c- haiid.s' contracts nl.-o call for ber;h.« at the maiia;;er.-' cxpcn.sp. .md il >s under.vtnod thrir union v.i\\ follow suit in the matter of the men being ' paid when sleepers are not possible./1 The $100,000 damage suit brought by George Hale against Al Jolson over the lalter's quitting 'Hold on to Your Hats' was settled on the eve of trial when the case was called before Justice John E. McGeehan in N. Y. ."lupreme court. That the dropping of the suit was based on a cash consideration was revealed by Jolson's attorney, Louis D. Frohlich. of Schwartz & Frohlich. He refu.sod, however, to specify how much. Hale claimed a contract with Jol- son, calling for his appearance in the show from January to August. 1941. and charged that Jolson. in violation of the agreement, walked out on Feb. I, 1941. while the revue was making 'substantial profits,' neces- .sitaling the closing of the show. Jol.son. in his answer, said that he ' quit on advice of physicians. He ; contended that his health would | have been seriously impaired had he ■ conimued in the show. I Moreover, Jblson rhaintained, the | Memories of Ashton New York. Editor, 'Variety': I note with great Interest your reference to Ashton & Mitchell, the London theatre ticket agency. I have very pleasant memories of that grand old gentleman, George Ashton, who once explained to me the way John Mitchell started the theatre ticket business. It appears that in those days, the 'linkmen' who were flunkeys who accompanied their masters and mis- tresses to the opera and ballet were given passes which entitled them to seats at the back of the house. Ap- parently they preferred to stay in the local saloon (there were plenty of hams in those days) and John Mitchell purchased the passes from them and resold them to the general public. Actually, Ashton & Mitchell did nnl go out of business, but moved from 33 Old Bond street to Stafford .street, but I understand they were bombed out and apparently have been able lo get back to their former stand. P. E. Bewshea. Manager, BritLsh Overseas Airways Corp. There are six musical shows on Broadway with a top of $4.40. Not all are in the hit class, but that is not because of the price scale. Also, some of heaviest grossers among them are playing Sunday. Not only are there more 4-40ers than show circles figured could operate in N.Y. at the same time, out the business drawn by the leaders on Sundays is an eye-opener. A year ago it was not thought that there was enough patronage on Sunday for high scale attractions. That was first proven a fallacy by 'Son O' Fun,' Winter Garden, and right afterward by 'Banjo Eyes,' among the best draws during Its stay at the Hollywood. Recently, 'Let's Face It,' Imperial, another musical holdover that is still in the big money, went to Sundays and its b.o. pace was materially improved. Two new major musicals. 'Count Me In,' Barrymore, and 'Beat The Band,' 46th Street, promptly went on a Sunday schedule, although neither drew a favorable press. Both are $4.40 top. The only other musi- cals at that scale not going for Sab- bath showings are 'By Jupiter,' Shu- bert, and 'Star and Garter,' Music Box. War Wages Observed at the boxoffices that some of the people asking for the highest price tickets are anything but substantial in appearance. Bankrolls appear from rather shabby pockets, indicating that those thea- tregoers are making goodly money in war plants, or benefited by boosted earnings indirectly, and when they come to Broadway they seek the best. That applies partic- ularly to Saturdays and Sundays. Half a dozen shows have been noticed upping prices at the end of the week, Saturday night in partic- tilar. Only musical to do so is "Fun,* which goes to $5.50 and has had that scale from the start. Not all its tickets orinted at that price are dis- posed ot, the boxoflice being elastic and cutting the rates when custom- mers ere inclined to walk away. 'Show Time,' regularly $2.75 top, is $3.30 Saturday night, whUe the ers are inclined to walk away, increase the price by 50c. 'Fun' gets the biggest percentage of its gross at the weekend performances. Broadway is high on straight shows on the way in, pricipally be- cause of encouraging reports. One or two are 'uelng kept out of town for fixing, even though regarded as sure things. Showmen are dubious about Bos- ton as a testing point because of form reversals. Most pertinent case in point Ij The Eve of St Hark,' mildly accepted in the Hub, but ringing the bell solidly in N. Y. The drama, at the Cort, is topping the straight play group. Among the In- coming plays that have provoked the most controversy is The Skin of Your Teeth,' opinions being sharply divided to the effect that it will either be a sock on Broadway or go l)oom. In tlie Yiddish 'field Molly Picon easily tops in 'Oy Is Dus a Leben' at the former Jolson's. Show got $12,- 000 at $2.75 last week, quite profit- able. Many parties help the business in uptown spot i contract gave him the right to step out if he didn't average $2..500 a week for four consecutive weeks. He alleged that fie hadn't hit that ave- rage for the four weeks prior to his exit EXTEND CUTS ON LEGTT DUAL 2 MORE WKS. Cut salary arrangement between players in 'Hello Out There' and 'Magic' Belasco, N. Y., has been ex- tended another two weeks. Actors are getting the Equity minimum pay of $50 weekly, plus a percentage of the gross tops $6,200. claimed to be tlje figure at which the legit double bill breaks even. Takings have been under that figure from the opening, but some attendance increa.se was reported last week. . .Contract between the show and the house calls for the latter being guaranteed $2,700 per week, sho,.. management paying all expense back of the curtain line. That includes the stage crew numbering 15 men, whereas there are 11 people in the casts. Eddie Dowling. co-starred with Julie Hnydcn. is the presenter of the dual bill, but Eliz,ibeth Miele i.s the backer. Shuberts operate the houie under nn arrangement with the David Bel- ascO estate.'