Variety (Dec 1942)

Wednesday, December 9, 1942 LEGITIMATE 49 WAVE OF A BAD EXAMPLE 'Wine, Women and Song' is not a martyr. It's an example. It's an example of how cupidity by one or a few, in the the- atre as well as elsewhere, can jeopardize the livelihood of many. In this instance, by the threat of general censorship of one of liberalism's strongholds. Thus, while the closing of 'Wine' is no more significant, in itself, than the closing of a pornographic book, its effects are dangerous because it heartens the pressure groups and fright- ens the weak. The closing of 'Wine' has already nearly resulted in the closing of 'Native Son* in a sudden, mistaken anxiety by Lee Shubert. Shubert was made to realize his 'mistake' by strong protests a!;ainst the forced closing of the sociological 'Native Son.' This same Shubert, however, failed to heed the warnings that 'Wine' was strictly dirty burlesque, pandering to the lowest tastes. Even if not identified with the actual production, he could have taken proper action as 'Wine's' landlord. La Guardia Action Indicates Other Shows Face Clean- up—Todd Given Warning on 'Star and Garter' SHUBERTS CITED By waiting until a General Sessions Court jury closed the show, Shubert made a goat of the entire legitimate theatre. He made matters still worse by his sudden, if short-lived, capitula- tion to a pressure group that demanded the closing of 'Native Son.' The only possible complaint against the Richard Wright drama is that it poses a serious problem that must be solved if democracy is not to be a mockery. Shubert wouldn't fold a palpably dirty show until it was folded for him and his Ambassador theatre's license was re- voked. Yet, without official action, he didn't hesitate to order the eviction of 'Native Son.' Why? Equity Considers Boost in Minimums, Basing Plan on Upped Living Costs Increasing niinimum salary for legit again is being mulled by Equity although the actors have a basic agreement with the managers which extends until Sept. 1, 1943 and stip- ulates there shall be no changes in the rules. Understood, however, there is provision in the pact where- by Equity could seek an increase before that date from the League of New York Theatres, which had made the pact for the managers. Clause provides that if the cost of living increased 15%, application for an increase is in order. Claimed that living costs have risen over 17% since the agreement was signed. Because of the jump in hotel rents and meals, especially in war in-, dustry centers. Equity was consider- ing a plan for extra compensaUon in such stands, but more recently the idea of raising the minimum appears to have l>een substituted. Present plan appears actuated by actors who have returned to New York after playing densely populated cities dur- ing the fall. When Equity raised the minimum from $40 to $50 weeldy three seasons ago, there was some feeling that salaries of rank and Alers would be lowered by the manaeer; to equalize the payroll. Whether the increased pay is a vital factor in the decrease in production 'during the past two seasons is not certain. Right now Equilyites are wondering if actors gening $75 or more will be asked to take less should the $50 minimum be upped. Another angle being discussed concerns young players, virtually newcomers. Felt by some that the present minimum is sufficient for that contingent, and if a raise is ar- ranged it is possible that pay classi- fications within Equity will reappear. Formerly there was a minimum of $25 for junior members. More ex- perienced memt>ers protested, argu- ing that there was tendency of pro- ducers to prefer juniors. Equity thereupon passed a rule restricting managers from using more than 10% of juniors in casts. Then the pay of the younger players was raised to $40, and not long afterwards the minimum was boosted to $50. Understood that if the managers are asked for an increase it would ; Agents-Mgrs. Union In Arbitration Meet First arbitration session between the agents-managers union and the producers with Prof. Paul Brissenden presiding, in their dispute over in- creasing salaries, is slated for Fri- day (11) at the Commodore hotel, N. Y., at 10 a.m. Understood that the first meeting will be more or less of a get-together, with one or more subsequent huddles likely. By JACK PULASKI Broadway is guessing whether another wave of censorship will come following the conviction of I. H. Herk, who pi;esented 'Wine, Wo- men and Song' at the Ambassador. Two of his employees were also guilty of contributing to an indecent performance. Mayor La Guardia en- tered the situation immediately up- on hearing the result of the case, ordering License Commissioner Paul Moss to suspend the theatre's per- mit. The Mayor, who was active with Moss last year in the campaign against burlesque, which resulted in Then and Now Generations ago a play called 'My Girl Friday' played the Repub- lic, N. Y., where it was rated a bust, and because of its 'risque' nature the cops pinched the actors. A girl appeared on stage in a bathing suit and the charge was 'indecent exposure.' Magistrate promptly tossed the case out of court. Some time after that there were flareups of censorship involviiig such plays as 'The God of Ven- geance,' The Captive,' 'Pleasure Man' and 'Sex.' Testimony which resulted in the 'Wine, Women and Song' convic- tion last week described 'stripping, bumping and grinding,' which were virtually banned a year ago when the licenses of N. Y. houses playing burlesque were refused. In hurley circles It was well known that cer- tain strippers had exceeded the limit and showmen were warned by the authorities. After the arrest 'Friday' drew big business for about five weeks, then faded fast, for it was rated a poor show. 'Wine' was ready to fold the very week that complaints were filed, attendance afterwards perk- ing up towards capacity with the publicity. Shubert Rescinds 'Native Son Fold After Qosing Notice Causes Furore Stage Mgr.'s Spot USO Would Increase Performances For USO-Camp Shows proposes up- ping the number of legit perform- ances weekly in Army camps and naval stations, idea being to play tv^ice nightly, or 12 times weekly, the usual schedule for vaude units. Legit shows are presented six times weekly, one performance nightly and, according to Lawrence Phil- lips, of the USO outfit, there srro-be- tween 600,000 and 800,000 men in training who are unable to see the performances on the present sched- ule. Equity has been asked to okay the twice-nightly trick, but does not seem inclined to agree with the idea, stagehands being reported to have taken the same stand. Legit actors are given regular standard contracts calling for eight perform- ances wiekly. Stipulated that if asked to appear additional times, they aie to be paid one-eighth extra for each such performance. Equity feels that- the additional pay should be given for extra USO performances. Most of its members in USO casts are getting the mini- mum of $50, or slightly more, and playing the camps is more difficult than ordinary road-showing. Stated that Equity and the other union.s have contributed to the USO fund, along with the citizenry. Contended that the amount involved, if one- eighth fexlra is paid. iK not too much to expect, especially when USO Question of a stage manager's responsibility for the material in a show is being studied by the Actors Equity legal staff. If in- vestigation indicates the stage manager is merely an employee without authority in matters of morality and taste. Equity will present its findings to the Dis- trict Attorney and the judge, for their consideration when Her- man Shapiro, stage manager of the recent 'Wine, Women and Song,' comes up for sentence Dec. 17. Show was under American Guild of Variety Artists juris- diction, but Equity is taking the lead in the stage manager ques- tion, as most stage managers are in legit shows under Equity jurisdiction. Matter is also being presented by Equity to its par- ent union, the dissociated Actors Si Artistes of America, for pos- sible action. De Liagre to Produce Play by Stanley Young Stanley Young, editor of the book publishing firm of Harcourt-Brace, has placed a play with Alfred de- Liagre, Jr., which the latter intends to produce on Broadway later this season. A comedy, titled 'Ask My Friend, Sandy,' It concerns a young soldier, a book publisher and his wife. Roland Young is slated for the lead role. licenses being denied several houses in the theatre zone, mentioned ,the Shul>erts, who operate the Ambas- sador. La Guardia is quoted as say- ing the Shuberts 'have a pretty good reputation' ... but ... "we gave them warning before we moved in; that's the law and we're going to (Continued on page 55) MORE AID FOR STOCK BY PIC COS. apply to senior.";, which may start | .say.'; that 12-performance weeks agitation among the juniors. I would"T3nly occur occasionally. Interest in stocks backed by major film companies has been increas- ing lately, with the development and polishing of talent a general objec- tive in view of the diminishing stu- dio manpower. 20th-Fox appears to be in the forefront of the idea. Bertram Block of that firm having considered stock as a valuable ad- junct, as he did when with Metro. If 20th goes ahead with its stock plan. Paramount will give such ac- tivities consideration and it is likely that Metro will do likewise. Equity has approached the majors to en- courage the formation of stocks in .stands remote from key cities though the latter would not be necessarily excluded. 20th is increasing its interests in legit projects, having bought SOV^ of 'The Russian People,' being readied by the Tlieatre Guild. It iilso has half of 'Something For The Boys,' being produced by Michael Todd, while Gilbert Miller has the film firm's backing for 'Flare Path' and 'Highland Fling.' Report Shnberts Delayed 'Firefly' in Boston Dne To Publicity on Nitery Fire 'The Firefly' revived for the road by the Shuberts did not open on Monday of last week in Boston, be- cause of reported transportation de- lay. Another reason for :etting back the start until last Wednesday (2) evening is said to have been the theory of the management that be- cause of the show's title, attendance would be crimped, in face of the Hub's disastrous Cocoanut Grove fire. J. J. Shubert asked Equity for the privilege of deducting three-eighths pay because of the three missed per^ formances. Equity ruled that such deduction could be made on the salaries of those players getting more than $100 weekly, but that full pay must be given the others and the chorus. 'The WiUow and I' was another Boston starter last week, although reported from Philadelphia to have been withdrawn following a bad press and puny business. 'Willow' opened there to an exuberant press but despite the Philly reversal, busi- ness was quite light. However the drama, erroneousb described as a comedy, was promptly booked on Broadway and bows in at the Wind- sor Thursday (10). WER SOLDIERS' FOR B'WAY APPEARS COLD Plan proposed last week to bring 'Winter Soldiers,' a war drama at the Studio theatre, Greenwich Vil- lage, N. Y., to Broadway appears'to be cold. Idea to run the play and turn the profits over to the Amer- ican Theatre Wing evidently turned sour when met with a number of snags. It is a multi-.scened play but the settings are flimsy and the un- derstanding with the scenic arti.sts union is that if 'Soldiers' comes up- town a new production would have to be built. In that event, too. the actors would get at least minimum salaries and other union conditions would be required. 'Soldiers' is an experimental show put on by the New School of Social Research. A big cast is required. Play was accorded the $1,500 Sidney Howard Memorial reward, but th.nt money was quickly absorbed in ex- penses. 'Soldiers' got a fair press. Concerned over the 'Winp, Women and Song' conviction and cancella- tion of the Ambassador theatre li- cense that his firm operates, Lee Shubert insisted that a week's clos- ing notice for 'Native Son' t>e posted Saturday (5) at the Majestic, N. Y., also controlled by the Shuberts, but Monday (7) did a switch and re- scinded the order. Attraction, play- ing a repeat date on Broadway at pop prices, lost money last week, and so did the house. While J. J. Leventhal and the Brandt brothers, who operate 'Son,' guarantee the theatre, the gross fell under the stop limit, and Shul>ert demanded that the show exit, although it was planned to keep it going for the Christmas holidays. 'Son' manage- ment, however, conceded to Shubert's wishes to close. Closing order caused a furore on> Broadway. An emergency meeting was held at the office of the League of New York Theatres, with man- agers, Equity, Dramatists Guild reps and others present Other organiza- tions also voiced their protests. At the meeting Herman Shumlin, Howard Lindsay, Russel Crouse and Elmer Rice offered to shoulder the losses of 'Son' in order to keep it going, thus countering the moves of outsicie pressure groups intent on censorship. William Brandt, acting (Continued on page 52) 26-Year-Old Hedgerow Player Giren 2 Years For Draft Evasion Philadelphia, Dec. 8. Michael deBausset, 26-year-old ^ Hedgerow Theatre actor, was sen- tenced to two years in Federal Peni- tentiary yesterday (Mon.) for draft evasion. Judge William H. Kirk- Patrick in Federal Court told the husky member of Jasper Deeter's troupe that his claim of being a con- scientious objector was 'unsound.' In your case,' said the judge, 'there is a total lack of the religious ing I can do but send you to prison.' Three other members of Hedge- row have been sent to 'conshie* camps. DeBausset was born in Russia. JED PROUTY ADDED TO TODD'S 'SOMETHING' Jed Prouty has been pacted by Mike Todd for his forthcoming 'Something for the Boys,' musical by Herbert and Dorothy Fields, songs by Cole Porter, slated for the Alvin, N. Y., Jan. 7 and which starts an out-of-town break-in at the Shu- bert. rioston, Dec. 17. Ca.^:t includes Ethel Merman. Allen Jenkins, Paula Laurence, William Lynn, Bill Johnson, Jack Cole, Betty Bruce. Betty Garrett, Frances Mer- cer, Jack Hartley, William Callahan, Stuart Langlcy and Anita Alvarez. Staging is by Hassard Short. 20th- Fox owns 50% of the show.