Variety (Jul 1944)

WeAusday, July 26, 1944 LEGITIMATE 87 Judges Verdict Pends on Plea By Ticket Brokers on Delivery Fees Briefs by three different attorneys* which are designed to obtain a Writ, restraining Paul Moss, as N. Y. li- cense commissioner, from enforcing his edict prohibiting agencies: col- lecting fees lor the delivery of tickets, were filed. last week with Justice Bernard Botein; in N. Y. supreme court. His decision pends. There are some indications that the arguments made have a chance to — be upheld Motion Jel dismiss ,on.e_of. Ihe actions, which would have, in- validated two similar cases, was not successful. "vv' ' :■ -,'Z .Moss'-.stand on deliveries is de- pendent on the interpretation of one stipulation of "the statute, which reads that , the "ultimate" price of each ticket shall be 75c oyer the box- office scale, plus the federal tax of 15c, which means 90c for every lower floor agency^eold ticket. Coun- sel for the brokers deny the "com- missioner s contention that anything additional is part of the price and declare the delivery fee is for extra service to .the customer, who can pick Up tickets at the agency with- out such extra cost if it is so de- sired, '"'./Ov'■v!,'. J • . Charles Weinstein, assistant cor- poration counsel, who is representing Moss, conceded that it is alright for the brokers to call In outsiders to make deliveries of tickets, so it isn't clear why the agencies are denied the right to their own delivery serv- ice, long in .use until Moss ruled otherwise. Commissioner put the ban on after some brokers, abused the practice. Alleged that there are some instances where brokers re- fused to hand tickets directly to cus- tomers in order that they could gyp on delivery fees. Julian Jarwitz argued for a group of agencies, Sul- livan & Cromwell represented . Me - Bride's and the firm of Barron, Rice & Rockmore acted for another large ticket offices, Test of the state ticket law is dated to start next Tuesday (1), when the right of Moss to suspend the license of the Leblang-Gray agency, oh the allegation of charging more than the state limit, will be argued. That ac- tion is also before Justice Botein. BAMBERGER CASTING NEW PLAY ON COAST Theron Bamberger left for San Francisco Saturday (22) to see his Coast company of "Tomorrow the World." Producer will also attend "World" Los Angeles opening July '■ si; < :■ , In t. A.. Bamberger will consult with Lester Cowan on current film production of "World," and also in- terview several casting possibilities for "Two Loves Have I." new play the producer has in mind for the Jail. Will be gone two weeks. East- ern company of "World" will, start a tour in Baltimore Sept. 25. - Phyllis Perlman (Mrs. Bamberger) accompanied the producer, June Greehwald taking over as her pub- licity substitute in the George Ab- bott office. V'/V.' ; -v-.' Dow's Stock Folds Summer itock presented at Hart- ford by Al Dow cam* to an abrupt close after two weeks, with a claimed loss Of $3,200. * Season looked like a natural for the first few days, ticket sale for "Arsenic and Old Lace," the starting attraction,; being brisk but when the RTngling, - Barn urn- Si "Bailey ""circus fire occurred at that stand, attend- ance dived. Disaster resulted in lo- calities being anything but theatre- minded and picture theatre patron- age dropped as much as 50%. Defends Coast Legit Tryouts Oakland, Cal., July 4. Editor, "Variety": ' ' In' the June 21 Issue, under the heading ,."N. Y. Adds Two More, Flops from" Coast," attention is di- rected at the defunct "Slightly Scan- dalous" and "That Old Devil," both of which arc charged up as Coast errors. ! '■ ! ; ;'. '-.;'•; :<■: "In the past two seasons," you con- tinue, "there were similar mistakes sent east and during this season at least two other flops from the same origin went! into the red, they being 'But Not Goodbye,' which played less than a month, and 'Mother's Day,' taken off after a solo week." - -Admitting' cheerfully that the Pa- cific Coast has been responsible for some errors of judgment, both criti- cal and audience, give the devil his due. The fact that "Slightly Scan- dalous" was cast and rehearsed In Hollywood doesn't mean that Coast theatregoers or critics recommended it. As a matter of fact they didn't even see it. ..." • : As for "That Old Devi?," my ref- lection is that J. C. Nugent got it on the boards of some little theatre in Lbs Angeles and when no one be- came even mildly excited over the play quietly withdrew It for rewrit- ing, He turned up in New York with the item bearing no recommendation from the Coast.'. • San Francisco did see both "But Not Goodbye" (under another title) and "Mother's Day." It didn't want any part of the first and said so, both in print and at the boxoffice. The critics were apathetic to "Mother's Day," but the customers; who had hot been surfeited "with the adoles- cent comedies, did like it. : As a matter of fact, so did I, slight- ly to the horror of by colleague, Fred Johnson. I felt that it might go in Chicago, which had accepte'd "Good Night: Ladies" with such high en- thusiasm, but the producers let themselves be carried away by this Slight praise and went barging into New York, where 1 the show was thrown into competition with a group of similar comedies, .all su- perior in quality, and did a 'floppo, but quick. ' ' - '. ' Nevertheless, there is a good deal on . the other side of the ledger. Seems to me that two of Paul Small's vaude revues—one with Jessel and Haley, the other with Fay and Wheeler—managed to put at least a slight dent in Manhattan's admis- sions pocket and. were received rather kindly by the critical pundits, including the ones on "Variety." Then, too, there was a little item called "Separate Rooms" thatseemed to please New York very much over a long period Of time—so long, I as- sumed that its origin put here was completely forgotten. . . .' I suppose we are being charged up with the three fiascos of Katharine Cornell, Vivien Leigh and Helen Hayes—•'■Rose Burke," "Romeo and Juliet" and "Ladies and Gentlemen," respecti vely—but. to keep the record ( Vuifinpfl in TTnsnital ■'■ clear, let it be known that we of ^onnnea 10 iiospiidi. (he Coast did a11 we could t0 dis . , Harry Kaufman,, who has been; as- i s a u de the ladies from continuing be- sociated with Lee Shubert in pro-1 y0 nd the opening week ..' duction of musicals, is again in Doc- Incidentally, in conclusion, it tors hospital; N. Y. ... Although he's | plight not be a bad idea if Broad- under close observation of physici-! way "did a. little house cleaning be- ans, he occasionally advises on mat- ( ore it begins its ridse-thumbing. We ters pertaining to "Laughing Room are now examining, with mounting Only," new Olsen and Johnson, ve- indignation. 'Tomorrow the World," vue which he is slated; to super- ] which is being advertised as the vise. ■'. " ■ - j Broadway cast, directed by Elliot Kaufman acted similarly in guid-' Nugent Brother Nugent would be log Hellzapoppih,.'' the O.&J show horrified if he could see what this which scored sensationally on Broad- fifth-rate troupe is doing to the show, 'way. and on the road,;plus other rhiu- -Nary' an actor in: it .stemmed from Set Sarong Takeoff As Coast Farce Hollywood, July 25. . : "Too Many Sarongs," farce with locale on a South Pacific Island, opens hert at Music Box Aug. 3, with George Shafer producing Fred Montgomery play. Cast is tapped by Rose La Rose, burlesque stripper. Harold Daniels directs and cast includes Ken Dobbs, Bernard Gorcey, John Eldridge, William O'Neill, Jean Wayne, Pat Peters and P. J. Kelly. ;■;; ; , Hollywood, July 25. Howard Lindsey and Russe! Crouse signed Boris KaflofT for the star spot in their forthcoming Broad- , way play, "Who Sups with the *WJ ^normal time may be re- Devil" ■ •*. (Quired to. make settings and cos- Karloff's illness caused RKO to | ^^ Indications are that there ... „ ,.,.„ „ -cali. off ptoclirctibn.oh -'Isle" of W'^&f ?. ^^to'.g«t-;.attractioiis STILL UNDECIDEDr^^"-^ f " ur stal ' is hos - ■ * but the chances ••• pitalized with an acute, arthritic coiT^ dition. '•, '. v ■<■'" ' ;':V.- VOTE ON '1 UNION' Jean Dalrymple To Produce Comedy Jean Dalrymple, legit press agent, Will join the ranks of legit producers this fall when she's scheduled to put on a comedy by William McCleeiy called "Hope for the Best." Cast calls for seven people. Negotiations are being made with Franchot Tone for the lead.. " Miss Dalrymple has had invest- ments in other productions, but this will be her first official, solo effort. She will continue her publicity in- terests. • . '. ••• ! .'■•V'"-'..".' Harry Kaufman Again Another meeting of Equity's coun- cil has been devoted'to consideration of the proposed talent group merger, "one big union," : and next week's session will' be on the same topic. Reorganization and amalgamation of the individual unions remains as, puzzling as ey*t\ ~J : ~— . The. affiliated unions must vote on whether to enter the merger for a two-year trial period, but when such a decision is to be made no one around Equity would predict It is presumed that the picture, radio and vaude unions, are similarly debating the. issue. , • • Work on examining and classifying some 40,000 questionnaire cards of members of the various groups, giv- ing data on how many switch from the stage to studio, radio or night- clubs,, is far from being finished. Quite clear that the new.season will find the talent, unions going along much the same as now. Many points must be clarified and agreed upon by all before a merger trial is set lip. One angle pertains to dues, and if the merger eventu- ates the dues will likely be Increased for a fairly large percentage of pro- fessionals. -";'v.-- Despite the Record Number of Shows Due, B way Production Starting Slowly Karloff Gets the'Devil' t -On paper there is something of a j record number of new shows dua during 1944-45 but, with midsummer I having been passed, productivity ia rather slow, in gathering momentum, even though managers have been ad- vised several times that virtually Dullzell,lee Shubert Named Wing Yeepees The American Theatre Wing has elected Paul Dullzell of Equity and Lee Shubert to posts of vice presi- dents. While most of the organiza- tion's officer-posts are honorary, the directors thought that the unions and managers should be represented, which explains the placing of Dull- zell and Shubert ' Rachel Crothers has . been presi- dent from the start while other vice- presidents; are Gertrude Lawrence, Helen Hayes, and Vera Allen. An- toinette Perry is chairman of the j board and secretary,.. while Mrs. Martin Beck is treasurer. Terms of officers and' Wing officials were generally ; indeterminate but it has been decided to have elections every other year. At the first election in two years, completed Friday (21), {.the. incumbents were returned to office. Wing is on a solid financial basis, •with assets of approximately $1,000,- 000, most iftf , which came from the film "Stage Door Canteen," and has a weekly income from the "Canteen" radio program; Largest single ex- penditure at this time is the financ- ing of a stock unit which will go to the war front. Stage Door Canteen in N Y. is now being financed by the Wing almost entirely. There are some donations but the outlay for food and other necessities for the servicemen's spot is running between $10,000 and $12,000 monthly. Wing's out-of-town Stage Door Canteens are self sustaining, with indications of maintaining that status for the com- ing year. ; ; ' : .'.'.; '■ v'''' v WLB Clarifies Grips' Vacations Regional War Labor Board has clarified its order for increased pay to New York stagehands, point at issue having been the vacation status of department heads. Those who work 46 consecutive weeks are to be given one week's vacation. That is in addition to 4% weekly wage increase which the WLB decided was "in lieu of vaca- tions" to grips and clearers as well. As there was a general boost of 8% ; all deckhands in legit theatres are now getting 12% more than last sea- son. ; Understood that the tilt re- sulted from the union's contention that legit crews earn considerably less annually than men in picture houses, most of which spots are op- erated all year round. Ambiguity of \the 46-week ruling held up pay- ment of retroactive wage and there was some muttering about the possi- bility of a strike Whether the heads in long-running shows will actually lay off for a week or are to get. an extra week's wage is to be argued by the man- agers and union, When the union required one day's layoff weekly for the benefit of its unemployed, man- agers insisted that the absence of key men would be a detriment to performances. A compromise was made, heads staying on the job but donated one day's pay. ' ' " . ai£_thatjmtltiple..pxmier^.wjll^p. Coburn Back to B way •,' ' Hollywood, July 25. Charles Coburn will return to Broadway Oct. 15, after seven years' absence, as star of his own produc- tion, "Master of the Revels." Play deals with the amours of Henry VIII, and was, the late" Don Marquis' last play: v••.;•'•'.«,;•<*»; ■•>;■'■••. ;*. .:• way.' After my recent junket to the New York shows, I am satisfied that anything can and does happen there today. When you boys will accept either the writing or the acting of | "Over 21" and give it a rave; when you will pass out a palm to Kurt sicals including "Ziegfeld Follies,' which closed a long run at the Im- perial, N. Y.. Saturday 122).. . (he New York production. N«t, : mind you, that I doubt they would be accepted in it on Brpadr Weill for the music of "One Touch of Venus";, and when you will hail Montgomery. Clift as a white hope, it is patent that you have stepped far enough over the lunatic fringe to blame us but here in the wide open spaces for "Slightly Scandalous", and • That Old Devil." Wood Soanes. (JEd. Note; Wood Soanes is drama critic of. ihe Oakland (Cal.) Tri- bune;- ulso "Variety'■ muqg there.). EDDIE DAVIS TO MAKE MUSICOMEDY DEBUT Eddie Davis, co-owner of Leon & Eddie's, West 52nd street . (N.Y.) nitery, makes his musicomedy debut in Dave Wolper's "Have A Good Time," forthcoming musical costar- ring Lupe. Velez arid Jane Withers. Incidentally, producer Wolper is himself a bistro bqniface, owning, the Hurricane on Broadway! ; ; Davis, one of the highest-priced cafe entertainers, not only because of his partnership with Leon Enken, but because he'd rate in the $3.000 : up bracket as a solo star if unattach- ed, will schedule it so that his nitery stints don't suffer. » - ; J. M. Anderson Relapse Sets Back 'G. V. Follies' Relapse suffered, by stage director John Murray Anderson has prompt- ed Morris Green to set back new edi- tion of "Greenwich Village Follies" until autumn. Green has, had the bankroll in escrow for the musical for. several months, with it being a tossup whether Anderson would Stage "GVF" prior to the new Olsen and Johnson show, "Laughing Room Only," which he had previously con- tracted to do. Anderson collapsed in Atlantic City two weeks ago and has been brought back to -the N. Y. hospital, where his condition is now reported favorable. However, it will be a month or more before he can return to staging chores; light up Broadway until October. Not more than, four new shows ara definitely dated to open next month and about the same number are carded for September. Advance plans call for- a fair number of straight plays to start rehearsals around Aug. 15. Two attractions of that, type are already on the boards out of town and are among the first slated to arrive—"School for Brides" and ••Catherine Was Great," next weejk^tjhefipxale^and Shubert re- spectively, although the latter debut - may be put back. "Good Morning, Corporal," aimed for the Playhouse is in rehearsal, and others announced to start this week include "A Per- fect Crime," "Lower North," "Last Stop" and "Sleep No More." Listed to get started in August are such Plays as "While the Sun Shines," English drama booked to follow "The Doughgirls" (now in final week) at the Lyceum, "Champagne for Every- body," 'Funny," "Hand in Glove " and ' It's High Time," which will go to Chicago. ; . Forerunners of the planned flock of new musicals will have two, and maybe four( in the van Thfi likely to open «h Broadway first consists of "Bloomer Girl," to begin rehearsals next week, and "Sadie Thompson," based on "Rain" As neither has contracted for production nor costumes and will have tryouts out of town, they aren't premiere possibilities until late September or October. Same goes for "Abraca- dabra and "What a Romeo." An- other early musical possibility is Song of Norway," operetta originat- ing on the Coast, its Broadway debut depending on revision and casting, '} " ot being clear whether the orig- ■nal cast or any . part of it will be b ought east. , Broadway is down to 15 shows, the minimum anticipated, and one rZ'"Li S fnno^ced for Saturday <29> but although a couple of ad- ditional withdrawals may occur there should be an increasing' starting with the one or two n- comers next week. : ",. ■■■■■ ; . EQUITY TESTS RULE Off CHILD ACTORS .Acting on suggestion of parents of child actors. Equity is court-testing certain provisions of New - York's unemployment compensation act Contention is made that the provi- sion which rules out part-time em- ployment as within the realm of participation in unemployment bene- fits should not apply to kid players because while they attend profes- sional children's schools/ when they appear on the stage, it is a full-time job. • ■. . Lower court denied the right of parents to apply for such compensa- tion but Rebecca Brownstein of Equity's counsel won the right to put the issue up to the court of appeals. Her application met favor in the appellate division. T Springfield Season Set Springfield, Mass., July 25. Highlighted , by a "homecoming" visit from suburbanite Paul Robeson jn "Othello/' the , Playgoers of Springfield have lined up a varied list for the fall season in the Court Square theatre. House is slated for refurbishing. •.. Shakespearean revival opens sea- son Sept. 6 arid .the. John .Carradine repertory company, closes if with more of the Bard. In between .will be "Kiss and Tell," "Life With Father," "Sons o' Fun;' "Merry Widow," "Rebecca,". - "The. /Cherry Orchard,'-' "Tomorrow the: Wbrld" add "The Firefly." Reserve Decision On 'Stovepipe' Injunction Federal Judge Francis G. Caffey last week, reserved decision on mo- tion for a temporary injunction asked by Carl E. Ring, producer of "Stove- pipe Hat," in federal court last week. Ring seeks to restrain authors of . the, play, Harold Spina and Walter, Hannan; their agent, Dr. Edmond Pauker, and Dramatists Guild from disposing, of the property via arbi- tration or otherwise. Injunction asked is part of a $420,000 triple damage suit filed in same court, alleging conspiracy and violation of anti-trust act against de- fendant group. ' -,-.; V-;.;. ' Dallas; Names Jose Rubin Dallas July 25. ' Jose Rubin named new stage di- rector for Dallas Starlight Opc- i eitas. .. " ■': '■ ,- : ■.. ■''; ■