Variety (Dec 1942)

Wednesday, December 30, 1942 LEGITIMATE 4] Equity Data on Increased Costs Of Living to Serve As Basis For Increased Pay Demands to Mgrs. Data on boosted rates out of town has been compiled by Equity and. in connection with the general raise in the cost of living, will be the basis for demands upon managers for additional compensation to ac- tors. Huddles on the subject are due soon. There is a provision in the basic asrcement between the asso- ciation and the League of New York Theatres which would open the way for cither increasing the minimum pay of $50 weekly or allowing play- ers an incrca.'^e above their con- tracted salaries should living costs go up 15'.;; or more, a.s has hap- pened, from the level at the time the pact was signed. Meantime Equity is obtaining a complete list of the more reasonable hotels, boarding houses and restau- rants out of town, with the assis- tance of the Travelers' Aid Society. Difficulty in getting living quar- ters has been reported continuously, and where hotel rooms are to be had the rates are so high that actors, especially those receiving compara- tively modest salaries, are appre- hensive. They say that after paying for hotels and meals they virtually owe themselves money. Engage- ments in stands that are war cen- ters with over-crowded populations are the toughest for visiting profes- sionals, nor do other travelers find it easy to secure accommodations. Reports from players in USO camp show; are descriptive of hard- ship.s, particularly on t^ie tran.spor- tation end. Most jumps are made in day coaches, with the actors sitting up and getting catnaps through the night. Recently some players were unable to find seats in the coaches end .sat on their suitca.ses in the crowded cars. Understood that the increase in the number of soldiers on furlough for the holidays ac- counts for the over-capacity trains. There were no special complaints in the letters from USO outfits on travel conditions, because they were aware that going wouldn't be easy when they accepted the jobs. Aothor Sues Max Malin For $25,000, Charges N. Y. Contract Breach Charging breach of contract and interference with continued opera- tion_ of his play, David Millman, auth'or of 'The Last Generation', which folded Dec. 17 after two per- formances at the Malin Studio on West 44lh street, N. Y., has brought suit in N. Y. Supreme Court for $25,000 damages against Max Malin, studio owner. Millman claims he and Malin pacted an agreement to organize the M. & M. Repertory Co., a co-op ven- ture enlisting a group of young Broadway hopefuls, to produce three plays. Contract was to run a year, with 'Generation' as curtain raiser to be followed by another Millman play. 'Welcome Home Uly.sses', and 'Merry Ghost from Stratford', Shakespearean comedy. Millman claims Malin, after initial show played two nights to fair biz, backed down and inked pact with Leo Shull for production of 'Dracula' at studio. Also claims that venture cost him coin that should have been paid by Malin as business manager, Including hiring of two union stage- hands and boxoffice man. Millman, particularly incensed because cast, which included Robert Kibbee, son of Guy Kibbee, the film actor, had rehearsed for five weeks and had looked upon the co-op venture as a .stepping stone to bigger things. SHUBERTS LOSE TIX BAR-OUT TEST CASE Supreme Court decision upholding 'he state law guaranteeing holders M theatre tickeU admission to the performance was reaffirmed yestcr- oay (Tuesday) by the Appellate H'""' Albany. Appeal, brought oy the Shuberts, to reverse the lower courts ruling, was turned down. ,q7,*^? brought in the autumn of in Hudson Falls, N. Y., by (Continued on page 45) BermaD Wonld Arrange More Dates for 'Army' After Coast Engagement A. L. Herman, civilian general manager of 'This Is The Army,' will go to the Coast next week ahead of the show's arrival there for the pur- pose of possible bookings after the Los Angeles date. Picture on 'Army' is due to start shooting Feb. 1, but if that dale is set back, 'Army' will probably be sent to San Francisco in the interim. Dates after the film is completed would be arranged if Washington puts the okay on fur- ther touring of the sensationally suc- cessful soldier show. Nat Dorfman will also go West to supervise publicity, both he and Herman being volunteers without compensation. George Hassil, George Handy, Barney Bowman and Harry Steinberg, legit boxoffice men who have handled the ticket sales, will accompany 'Army' to the Coast. HUB SYSTEM' ON TIX CRIMPS TODD SHOW Authentic reports from Boston are to the effect that the new Something For The .Boys,' at the Shubert there, is involved in the alleged strangle-hold theatre ticket situation and that Michael Todd, who produced the musical, is the latest independent manager to be bothered by the Hub agency 'system.' As soon as the show won a strong press, tickets for New Year's Eve 'disappeared.' It is claimed that Her- rick's had the 'bundle.' That agency has been reputedly reported under Shubert direction, though the man- agers deny this. Todd demanded that at least 80 tickets for choice locations be re- (Continued on page 45) Mrs. W. Averell Harriman Tails About Mrs. Bob Sherwood, Mrs. Minnie Aster, Mrs. Irving Berlin, Miss' Whitney Bourne and others' efforts in '^hip Service' War Work. iin AiIiIimI Fenture In 'Show Business At War' theme of the 37th Anniveranry Number of B'way Showmen, ATAM Still at Odds on Salary Raise; Shuhert Squabble Broadway .showmen and the Asso- ciation of Theatrical Agents and Managers have met again to iron out their difficulties over the union's demand for more salary. With Paul Bri.ssenden, economic professor at Columbia University, sitting as ar- bitrator, the dispute was not settled and it was hardly an amicable ses- sion. There were verbal interchanges between J. J. Shubert and Sidney Conn, counsel for ATAM. Attor- ney wanted to know whether Shu- bert had not admitted trying to break up ATAM with the aid of George Browne, former stagehands leader, who is now in prison, con- victed of extortion. That mixup oc- curred when the factions met before James W. Fitzpatrick as mediator some weeks ago. Showman flared up, whereupon Prof. Hrissenden said, "we'll have no more remarks' from Shubert. Arbitrator ruled that briefs be filed by both sides, including not. only the pay phase, but changes in the contract sought by ATAM. It is the longest union squabble the managers have had for some time. Sir Cedric's Footlighter Hollywood, Dec. 29. Sir Cedric Hardwicke, currently working in 'The Moon Is Down' at 20th-Fox, shoves off for New York early next month to star in the Jerome Weidman stage piece, 'All These Years.' Play was originally slated for a November start, but Hardwicke's picture work caused a postpone- ment. He's co-producer thereof. Herk Wins Right to Appeal When Sup. Ct. Justice Upholds Contention That Jury Should ve Seen Hlfine 4 Tix for Price of What 1 Cost Last Year Is Nifty PuUed for N. Y. 'Claudia' Something unique in cut-rating was put across as an experiment by S. Jay Kaufman, company man- ager of 'Claudia,' at the Forrest, N. Y.. last week. Show, which John Golden brought back to repeat on Broadway, an engagement which has been running more than six months, has a reduced lop of $1.65. Kaufman tried two for ones at that scale for three nights, with the re- sult that takings jumped; in short, 83c per ducat. Reasoning was that as 'Claudia' originally was priced at $3.30, two for ones at the present $1.65 top really meant that a patron could buy four tickets for the price of what one cost last year. Stunt worked so well that it was nec- essary for cops to be called, it was claimed. Frank Goodman, of the Golden office, handled the two-for- one distribution, it being one of his specialties. Regular half price rate applied thereafter. LEGIT BUSINESS BOOMS ON b™ With eight shows making their first Broadway appearances last week and this, list totals 33 shows, probably the peak number this sea- son. Some of the arrivals are In the doubtful division, indications being that their expected prompt exit will ease up the booking sit- uation, which approximates a house shortage. Anticipated good attendance on Christmas eve proved to be a fact, and from that evening the last half (Continued on page 44) "Show Business At War" THEME OF THE 37th Anniversary number of OUT NEXT WEEK-JAN. 6 USUAL ADVERTISING RATES PREVAIL Special Exploitation Advantages Reservations and Copy May Be Wired to Any Variety Office NEW YORK 154 W. 46th St HOLLYWOOD 1708 No. Vine SL CHICAGO LONDON 54 W. Randolph SL 8 SL Martin's PL The way to an appeal of the con- viction of I. H. Herk, who got a six months sentence, .stiffest known on Broadway, in the "Wine, Women and Song' indecent case, was opened Monday (28) when N. Y. Supreme Court Justice J. Sidney Bernstein, granted a writ of reasonable doubt. Herk was released iTucs.) from the hospital at Riker's Island, v/here he had been transferred because of ill- ness, under bail of $1,000. Case is due to go to the Appellate Division of the supreme court and may reach the Court of Appeals, highest tri- bunal in the state. Arthur Markewich, attorney for the defendant, was upheld in his argument that the court had erred in not permitting the jury to witness the performance at the theatre (Am- Justice Bernstein, in his deci- sion, made a particularly not- able comment in stating that '.. .the description (of the show) cannot equal the performance in accuracy and comprehensive- ness. It cannot constitute the best evidence in the case." He added that ... 'if there were a prosecution for the ex- hibition of an obscene motion picture, the best evidence would be furnished by a showing of the picture rather than by its oral description.' bassador), where it would have seen the actual evidence, rather than a verbal description by wit- nesses. He contended that an al- leged obscene book, statute or song might be examined in court but in this Instance it was a matter of per- formance, which could be properly judged only Yy seeing the show; and it therefore was an unusual case. Markewich said, too, that evidence was as to body movements and al- leged nudity, which should have been witnessed in the natural atmos- phere of the theatre, not word of mouth. Justice Bernstein ruled: 'Whether a play is decent or indecent may depend upon the reaction of the per- son who sees the play in the sur- roundings in which it is exhibited. There may be a vast difference be- tween the bare description in words of what has been said or done on the stage and in actual view of the per- formance*. Ruling was regarded as important to show business and the Justice in- dicated that Judge Owen W. Bohan in General Sessions, erred in refus- ing to permit the jury to see the performance. That kind of evidence is real evidence,' he said, 'whose ad- missibility does not depend upon the discretion of the trial court and the refusal to receive it constituted, in the opinion of this court, a refusal to receive relevant, material and important evidence'. Prosecutor Sol Gelb contended that if the court had been held in the theatre a different show might have gone on. He opined that a dance by Scarlet Kelly, which he found to be the most objectionable part of 'Wine', would not have been shown to a Judge and jury as he saw it and that the girl would not have done the bumps in the same maner. Gelb also doubted that Jimmy Savo, also of 'Wine', would have confined himself to fanning himself with his hat aftier embracing Margie Hart, the show's stripper, to (Continued on page 44) YURKA CAST TOPPER IN COAST BREAK-IN Hollywood, Dec. 29. Blanche Yurka draws toi billing in the Jess Smith production of 'The Barber Had Two Son.s," break- ing in New Year's night at the Lo- bero in Santa Barbara. Drama is by ■' Tom Duggan and James Hogan and will play in other coast spots to test its possibilities for Broadway. Cast being directed by Melville Butke includes Tutta Rolf, Tom Keene, Walter Brooke. Herbert Cor- thell, Edith Angold, J. Arthur Young, Richard O'Connor, Fairfax Burgher, Wolfgang Zilzer, Eddy Fields, AU fred Zeisler, Kurt Steinbart end Anita Vcneay.