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MISCELLANY PfifilETY Wednesday, July 26, 1944 LaGuardia Rap at N Y. Night Clubs Spotlights Stork, Copa and La Vie New York Mayor LaGuardia's 4 antipathy to Frank Erickson, Frank Costello and other gambling or so- called "mob money" suspected of having a "piece" of N. Y. niteries has focused the spotlight on Gotham's class bistros. It came about through the N. Y. City administration's liens for back : sales and business taxes, running" into. the thousands. Para- doxically, LaGuardia's crusade has put the heat on a particularly "clean" nitery. What's back of .it is still conjectural. All the legit clubs and- cafes don't like it because it's gratuitously harmful, if only by in- direction. ' ■■■■ . Sherman Billingsley's famed Stork Club has gotten the most newspaper space along with La Vie Paris.ienne, a 75-capacity class. French nitery operated by Arthur Lesser. La Vie settled a business tax lien of S231.97. Monte Proser's Copacabana was the third spotlighted, with manag- ing director Jack Entratter carry- ing the ball while Proser is on the Coast trying to set a picture deal for a "Copacabana" nlmusical. , * The emphasis on. "breakage,"; in statements issued by Commissioner of Investigations Edgar Bromberger, has put the onus on all' niteries through alleged overcharging. In other words, a so-called 10%. over- fill tax . supposedly meant a 4% "breakage" for the house, discount- ing the 5% Federal tax (now 20%) and l'i N. Y. City sales tax. Mayor LaGuardia feels that the city is entitled to that 4% differential "breakage" tax, not the bistro oper- ators, hence the alleged staggering totals claimed, including penalties. It's somewhat akin to the ticket scalper who might gyp $20 for a pair for "Oklahoma," otherwise worth $4.HO each. Uncle Sarii, in this in- stance, isn't as much eoncerned"about the scalper's difference of $9.60 for the scalper's price of $9.60 for the two tickets, as the fact that the U. S. wants to make sure it collects an amusement tax on the difference up to the $20. And so do the N. Y. city fathers regard any "breakage" in favor of the niteries, excepting that LaGuar-. dia, Bromberger, et al., take the position the city should get it all. at the same time emphasizing that the paying nightlife public "once again has been made a sucker." . '.' . Whatever the theory of the puni- tive expeditions into the bistros— the test thereon comes to a head to- morrow (Thurs.V on a shbw-cause order granted the "Stork—it's been sensational page one copy. Maybe it'll have its economic effect in the future, but it's been noteworthy" that the nightloafers seem to have turned out in larger numbers as an expres- sion of loyalty to their favorite haunts, whether or not under the LaGuardian onus at the, moment. 'Santa Claus' Billingsley The Stork's host, Billingsley, a prolific Santa .Claus with gifts of jewelry and "mairOn" liquor to fa- vored guests, has also been spot- lighted for alleged failure to pay sales taxes on these items. This, too, is being challenged by him in his show-cause order. . Billingsley was the first to get a city custodian removed from the premises. vThey were arbitrarily in- stalled in all three niteries Saturday night, with the cafes obligated to pay them $1-; n-hour (statutory fee). When the bonifaces waxed irate, Bromberger rebutted "they're lucky we didn't remove their books, liquors and furnishings to a ware- house until this matter is settled, as we have' the right to dp." Temporary Restraint The Stork has a temporary in- junction restraining the city from maintaining its agents in the club. This was obtained early : Sunday morning (23) by legal representa- tives of the nitery, following La- Guardia's move Saturday night in insta'iing custodians in the three ni- teries to protect the. city's claim for a total of $232 094 allegedly owed in back taxes. LaGuardia's sudden crackdown preceded by two days a 23-page in- terim report made public Monday (24) by Commissioner Bromberger, pointing up a series of "vicious prac- tices" indulged ih by nitery opera- tors. The investigation, it was re- vealed, was begun on April 3 at the instance of LaGuardia. .'■•.; A copy of the report, on which the mayor bases his tax evasion charges was also submitted to the State "Liquor—Authority, in addition to other officials, in what well might be the beginning of a sweeping series of charges against N. Y.'s 450 li- censed nitery operators. It's.said the hotels are also worried. ..•' , In an initial move to appease the city, La Vie (operated by Lesser on a partnership basis) paid $231.97 to the city'si coffers, covering the busi- ness tax claim plus penalties. Hear- ing on the total claim for $13,461.73 in sales taxes was also asked. -.The. Stork, one of America's best- known niteries,"' was severely, cas- tigated by the Bromberger report, which alleged, among other charges, that no tax -was rnllpr'tpri from guests indulging in Billingsley's free drinks and dinners, nor on the perfume and jewelry he lavished pit some of his diners. Also cited in the report was the fact that no ■ tax was paid :.o.n fees collected from, the Stork's tele- phone service and that an alleged subterfuge was resorted to in order to circumvent paying the impost on the operation of: the washroom con- cessions and coat check stalls. .All of the blanket charges were denied by Billingsley who .is confident of vin- dication following tomorrow's (Thiers.) hearing; . . . C'opa's Bad Spot . The Copacabana was referred to in the report as having indulged in "extremely vicious business prac- tices and activities, probably more reprehensible and calling for more drastic action than in any other in- stance of any licensee thus far in- vestigated. This is of such conse- quential character that it must be the subject of an. individually sep- arate report." ;'-'...'«.."' LaGuardia's triple-threat ■ attack was described by him as portending similar action be taken by the city against other N. Y. niteries suspected of hedging on tax returns. The mayor's surprise move against the niteries followed four months after the clubs' books had been im- pounded,, ostensibly to check on city employees. Heretofore the books were examined on the club premises. Breakdown of the amounts, each of the three clubs allegedly owed the city, showed the Stork Club arrears to total $181,029, covering period from Jan. 1, 1938, to Nov. 30, 1943; with the Copacabana holding the bag to the extent of $37,370, including period from Oct. 30, 1940, to Dec. 31, 1943. La Vie Parisienne was charged with a deficiency of $13,700. Amounts shown cover city sales and business taxes and also penalties. 110th WEEK ! - KEN MURRAY'S "BLACKOUTS OF 1944" .■'.:., El Capifan Theatre, Hollywood,-Cat. t"Vou're the killer. Ken—not me. A great show V •'• y ■ ' ALAN LADO. Fanchon's Gal's Debut Hollywood, July 25. Femrne star spot in "Hangover Square" at 20th-Fox was handed to Fr.y Marlowe, daughter of Fanchon (& Marco). Film is Miss Marlowe.'s first. : ■'• ;': She plays opposite La irt! Cregar and George Sanders, with John i Brahm directing. Indoor Acts Booming Fairs, With Girl Lines ' Aiding Take—Hamid ' The use of elaborate revues in county lairs, brought on by changing tastes as well as the lack of old-time imported-acts, is the latest quirk in that alfalfa branch, of show business, according to George A. Hamid, yet-' teran /fair; operator and booker. Lines supplied by. Fanchon & Marco, the Elrne.r Dade~Studios,> and others, are now making road tours of 12 weeks or more, as an added night feature to fairs and carnivals. .' Circus and aerial acts, thrill shows and fireworks still get their share of attention, says Hamid, but this new foim of entertainment is grabbing the spotlight. Portable stages are being built, lighting effects and scen- ery being added, and the stages are being placed nearer the'grandstands, so that more ..'nitery and vaudeville acts are being utilized than ever before. Programs that would have been unthought of two years' 'ago are now being successfully offered to fair fans. The "Double or Nothing" quiz show is being so used this season, as Edgar Bergen and Charlie McCarthy were 'used successfully a year ago. Unable to import or produce new acts because of the war, fairs are using a good deal more novelty acts and girl acts, to take up the slack. | Hamid, who in addition to supply- t ing attractions for 250 fairs, also owns the Million Dollar Pier in At- lantic City, two amusement parks, ! and other interests, says there are j 40% less fairs operating this season than before the war. SCULLY'S SGRAPBOOK ">♦*♦»" By Frank Scully ♦ Mount Sinus, Hollywood, July 25.. "Since You Went Away," a story of nostalgia to the point of neuralgia, is a super-dooper that Joe Laurie, Jr., would probably describe in his Gallic way as fondre en larmes, which could be translated as "floundering in tears." Even, a seasoned sobber like Mark Helliriger will cry, "Enough." . Most pictures can be taken with a grain of salt, but dehydration on this one will be so terrific that saline replacement will run to at least a hand-' ful per capita. No fooling. After three hours of 'tears, take at least a teaspponful of salt and three glasses of water. This Will restore your chemical balance. '.';. f ■ " '\--\'Y ", ■.->' • ; ■ . . '■'.'■• }:?.■'.'■'■'■■■ ■', ''•-',..;•'■ Maggie W'lder's bbok played that bank of the emotional stream of con-. : sciousness ankle deep all life way, but Selznick goes overboard. Every- - : thing is doubled in no-trump: Even Tim Hilton, the invisible Hero who never appears iiv the picture, is stepped up from a lieutenant in thi book to a captain in the picture. A family quite broke in the book gives nb' ' visible evidence in the picture as to why it should take in boarders, bin it wouldn't'be much of a \story-without therri, especially b6arder.s-lik*-Job^- Cotten and Monty Woolley. ' A picture rich enough to have Claudette Colbert, Jennifer Jones. Shirley" Temple-Lionel Barrymore and Robert. Walker in addition. to Cot ten and, Woolley would never be rated poor by any standards. Even Nazimova is buried under the avalanche of riches, but Hattie McDariiel stands out. People cried so all through the picture that Selznick laughed with; delight all through the night. He has another hit. But three reels less : of tears would make "Away" three times more entertaining a picture. There's:a point of saturation where the law of diminishjng return sets in and it applies to roadshow pictures as well as roadside watermelons. .. ' ■. ':•' ;.'■■ '.';'''•••:'!■.';'•; Gn«s* Who '.: • ';/.'.'-'. .;-' : :;" '' One of the incidents, not in "Since You Went Away" happened when one of the creme c!e la fromage which attended the Carthay Circle pre- view appeared looking for all the world like an oriental princess—but beautiful! Questions brought no further identifying marks until Scully's shopworn bride, enjoying her first outing since she went away < to the maternity wing), said, "Oh, it's probably a USO entertainer who passed through Dehli." ■'.'' '..!'•.•"".' Never giving up, we discovered later it was a USO entertainer and she had passed through Dehli. Name, P. Goddard. ;;'.;'. ',•"'■''.'."'':' ;V.:' • •> ..':.•.'- .•''."• - :'• ■ ■ family . Act •,':'";.'.'.':.'.■ Another example of confused identity came out of the Hollywood Can- teen. Seems they have a silly rule that no girl,; hot even jiV,"" i .' except Canteen hostesses, can dance with service men • A ' dancing in the balcony and dispatched an. old troucip.-•'.••• •'■'•)■:-'. keen for the. dirty work, he stalled around til} tliU ' ';•.•' '.". '•" apew./ ■ [..- :_'.- .•■''?'.'.■ . ., "I did go up." he explined. "But I couldn't bv . '\V: : a gunner and she's a WAC. They're brother and ' "•;.■., ;., '<.. . . • . . ting up families for anybody " WMC Ease-up - Continued from page 1 - week. It obtains for the Greater New York district only. The talent unions are' now setting up a cam- paign to have the ruling extended to the other six areas. The performer unions are now working oh plan to have ruling de- clared for entire state of New York and will then set up campaigns in the other areas. They've been told that unless the national headquarters of WMC in Washington declares the ruling national, each area will have to be contacted individually for a ratification of the New York exemp- tion. -.;;.;.■ . . .'.';■ : ;'.;.'• •. '. However, the .unions feel that the N Y. area having set a precedent, it. is more than likely that the other regional boards will follow suit and concur on> a general exemption for all branches of show biz. GOLDWYN'S CHEESECAKE STILLS FIGURE IN SUIT Hollywood, July 25, Lorraine Miller filed suit yester- day 124)- against Samuel Goldwyn for damages of $50,000, charging pro- ducer with distributing her picture with another girl's name affixed un- der photo, which shows her in scanty costume, . . She charges misuse of name has caused confusion in industry and damaged her reputation. Sears-Rank Huddling .; London, July 25. Grad Sears, v.p. in charge of dis- tribution for United Artists, is huddling with J, Arthur Rank on a deal ror the distribution of Rank i product in the U. S. Dave C^P' 80 , temporary managing director for UA in Great Britain, is also participating in the talks. ..'•.: ■ - -'; ' And Now lie's a, Coffee , Yoii hear talk now and then of some one over-plugging him or herself, as if it were a latter-day development in American character. But long before pictures. General Lew Wallace pulled a piece of self-praise that has yet to be topped. In her "Show Window of Life" Elizabeth Hiatt Gregory tells the story for the first time. It seems her husband was a neighbor of Wallace's in Crawfordsville, Indiana. He dogged .the general for a peek at the book. '. ' "Give me your notebook," said the general, and in it he wrote: "The title oi the book is 'Ben-Hur.' a tale of Christ. The author began the book before his appointment as. Governor of Mexico, and one-fourth of it was written in that country. Whatever may be said of it. it must be recog- nized as-original; There has never been anything written like it." • He was right, too. There never has been. >'■'/■ " : : r -•.•'_'*.. :•' : . ; .•; , ; ■.- ■ . •'..'"•'.•," , v. ■■ . •'■-.",';•; Douglas Back to Arabia. Lloyd C. Douglas is working over some of that same Deserta Arabia, having far from exhausted it in "The Robe." His new one is to be called "Simon Peter." The place hasn't changed in 6,000 years and between the Arabs and the Jews there has never been peace, except for 15 years, in all that time.. That's his story as derived from Doughty, anyway. : • Douglas says a historical novel is both easy and tough. The way 16 make it easier he believes is to write about somebody people don't know very well before you get to the historical character everybody knows. Otherwise you'll have a dead duck on, your hands by page 10. !■' "The RPbe" was his first novel beyond the realm of hi* own experience and he found it easy. In fact he says if you're going to do biographical pieces go 'way back. If you write about Woodrow Wilson, he contends, you'd better be accurate because lots of people still living remember him very well. But if you write about Peter nobody knew him too well and there are three versions to confound; scholars even more than novelists. He thinks he will have a good bobk in "Simon Peter." To Doiiglas there is something very lovable about a great character who is forever doing the wrong thing and is the first to admit it. Maybe, but that kind of a guy will never become a Hollywood producer, let alone President of the United States. ' : - '"-; ' ':.\ < Re Music Industry ' Despite the fact, that music pub- lishing employees are not listed as in an essential activity, it is imperative that they have a "certificate of avail- ability," or written okay from the War Manpower Commission or the U. S. Employment Service to change jobs .within the industry. This restriction applies only to men between the ages of 18 and 45. '"-';• WMC came, out with amendment July 1 to its Oct. 15, '43, rules re- garding men in non-essential and essential activity, and the Music Pub- lishers Protective Assn., due to the fact that, the industry is listed on neither • essential nor non-essential lists, requested clarification; Karloff Doing W«ll Hollywood, July 25. Boris jCarlbff is doing very well following spinal operation yesterday (24) to relieve a .chronic arthritic condition at Good Samaritan hosr pital. ■' : ; " .' . v.- ' . • Actor was, stricken while on set at RKO and rushed to hospital, o MARC LAWRENCE OK Hollywood, July 25: Marc Lawrence reported in satis- factory condition following emer- gency appendectomy Saturday night c22> at Cedars of Lebanon; Actor finished role Saturday in "Flame of Barbary Coast." Walter Abel's Mpls. Trip To Oblige Grandmother Minneapolis. July 25. In order to comply with a. re- quest of his maternal grandmother, Walter Abel made a special trip to the Twin Cities with, his two sons. The request was to pose for a pic- ture in front of the local statue of T. Jv Lowry, founder of the Twin City street railway system and busi- ness and civic leader, Abel's grandfather; the late Karl Bitter, '.sculpted the statue in 1915.. The grandmother is having a casting made of it for her New York home and wished the picture of Abel and his sons in front of it to "link" the generations. Abel's mother, resides in St. Paul. Schnoz on Wax Hollywood, July .25. Jimmy Durante, "Six Hits and a Miss" and Roy Bargy and orch are cutting two sides for Decca today (25). ■*> , . Tun es are ' Dur: nte favorites. "Inka-Dinka-Do" and ' "Umbriago." KRUPA SIGNS WITH RKO FOR TWO PICS Gene Krupa signed a commitment yesterday afternoon (Tuesday I for a two-picture deal with RKO, the first likely to be started around Nov. 21 and the second to be started betoi e Jan. 1; 1946. First picture Is "George White's Scandals.". Con- tracts will be signed later in the week, ■' ■■'■' '•'' : ' Krupa will play 10 days of one- nighters out uf his current date at the Capitol theatre, N. Y.. on the way into the Sherman hotel, Chicago,- where he opens around Sept. 15. From there he goes to the Coast, Bob Crosby's Auto Crash • Hollywood. July 25. , Lt. Bob Crosby is recu'perating from injuries sustained, in an auto- mobile collison Saturday (22 I when his car crashed into a telephone pole. Crosby who was apparently asleep at the wheel was knocked uncon- scious for two hours and •suffered knee and chest injuries.