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Wednesday, July 25. 1945 LEGITIMATE 81 CHI'S BOFF $5402 ,000 SEASON Equity, Mgrs. Act on Travel Curbs, League Asks Hearii^ Before ODT Censorship Uproar Just a Memory To Broadway; Trio' Suit Dropped Last '.ejsoii BioacUvay was in .in* upioai o\ei alleged one-mdii cetisoi- ' khip, -ftheti 'Tiio" vv,is foiced off St the Bela^co, but the piote^t has died down to l^ss .than a wbispei-m Jatt )t -.eeins to be ju'-t a memoiy Attomp.>n> iiig proposed moves to pieveut .sMijilar situations uds a iuit for damages by the "Tuo" pioducei, Lee Sabinson, who staited actior. 4ecl?iilg $1,000 000 damages fioiri Paul MO.--S, the licence comnlissionei T^ciiiftlv was' thVovvil out of coi:u",t;-la«t \\e(k t(u Uck of piosetution j . ■ Fiielsbii & Mayers, ; la,\vyers ■. fof Sribinson claimed that the ac'ioii i wa-s Withdrawn because Sahinson ! went I" Holhwood foi the pui pose ol piesetiliiig the show theie Case Had be*iT po.stponed several (intesi and the di'-m ■■'■al motion bN Moss . counsel was Kranted on-detault, ■ Drama ffiiled lo show a profit and the maiiager actually didn't .count oh gettinj! the huge damages 'men ^ tioned in the complaint but hop«id a luiy might aw aid him $55 000 which was "Trio s" red. He later abandoned even that idea. As the suit' IS out, plav s alleged iiideeencv pfobablv never will be decided in court. OfTicials were- .steamed up over indicated lesbianism, which the , au'.hors denied. ■ • At the tune ' Trio ' closed .pos.ses- SKin of the theatre changed and Moss refused to Iransler, the license be- . cau.se he- felt he would thus ' con- done an unlawful play," as he put it. Before the theatre's transfer was issued he in.si.sted. that the shows stttiiiK.s be removed from the XARMEN JONES' MAY BE 1ST SHOW TO TEST ODT ' Carmen Jones," now in San Fian- cisco. miiy be the fiitt major attrac- tion to test ODT civilian restrictions, S)0 lai as travel to the east is con- cerned. After the Frisco date ends next: week, show plays several small- er California stand.s',, then -is due lit Seattle for 10 days. . 'Carmen'.' is .slated to luinp from th« .latter stand to Chicago, -where- it is due to open j A 19-\ieek engagement at the Ei-j langer on Aug. 26, . . , . - , | . No arrangements to-move the com-1 paiiy out of Seattle, have .been made becau.se of ODT s rule prohibiting I railroads from -issuing;-..reservations | for ri-ipre tliah, five days prior to:de- paituie -Ned Ahoid m advance of Caiinen,' .sent woid that he 'has Ins hngers crossed." hoping to make the mo\enient to the Loop on tune A^^uryT^^^^ 'Menagerie^lm^ A new phase in the controversy t)etween Joel Scheniter versus Louis Sihger. over the.former's Claim to' a ' share .of "The Glass Menagerie" (Playhouse, N, Y.V, .w'as ■ i;ur]i.ri^rig]jr. introduced by Wiseman & Grant, theatre ■ § ' | counsel for the plaintiff, who ap- A combined committee talked the ipeaied befoie Justice Botein in NY, censoiship angle over with Ma\oi supieme couit, with an application La Glialdia it having been intimated toi a iu>Y tiial. There was an inter- that he inspiied Moss' oidei lo close! change between attorneys, Wil/iirt & "Tuo" LaCuardia backed up the|Halpenn tor Singer, opposing the cominLssioner s right to force the ! motion. At one point when Michael . sliow off but agreed with the .show-| Halpenii alleged sharp practice by men that new-legislation Could elim- | opposin.s; lawyers, the court de-1 mate one-man cen.sorship . A legal I nianded that the remark be with-i committee was named, latter lo out-ldrawn. | line mea^uie wheieby the license i Motion is unusual because action^ | coinniLssioner would have no censor-1 in equity, such as; the Schenker and I Singer ease, are-Tiot tried before ; i jiiry;; A' littie used' staittte | foi' a sii#iar prbcteduVii Scheink;ei''s attoi'neys argued that the suit de- pend.s upoii cine mail's wol'd iagajnst the other's and contended that a Uirv should be pannelled to decide it.ssipiTs of the committee and the | thaP finding, the ludge then ruling ■Jaw.vers appear to have forgotten all about the matter. Same goess for Bi oadway .showmen. TOPS 4S mm Chicago, July 24. Chicago spent $5,402,000 on 45 legit attractions from June 1, 1944. to June 1 this year—which is some .spending; considering that natives and the out-ot-towners here between trams who wanted to catch "Glass Menagerie" pre-Broadway had only eight theatres to take their coin. , Biggest success in jeais— Okla- homa!'—held- over inio the new sea- son, closing Jan. 6 after 542 capacity performances, its 60 weeks on the boards here topping the 59-week record for mu.sicals established bv "Student. Prince" at' the --Great No) them in 192,5-26 Chi blew <961 - 000 on, I'Ofelahoma!" during the sea- son just passed. Counting old season and new^ the. shellout for. this one alone was $1,800:000. I There , were Jive other holdovers be,^ides the Theatre Guild smashei'-op —"^iss and Tell.' '-Rebecca." "Uncle Harry." 'Tropical Revue," and School for Brides." "Kiss" was the onlv real click of the quinteti wind- ing up Jan. 20 of this: year after 89 weeks, with }411.800 for this season alone. Anotlier super moola-maker IS "Voice of the Turtle.'' which opened Oct 1 last year and ha.s been capacity or near that ever since has done $b7,^.600 in 35 weeks. Outside of "Menagerie," 'Okla- homa'" 'Turtle," "Winged 'Victoiv," ' Othello" and a .few others, it's been a dull jeat, and Chi critics aie ap- Although the concert business pljing the following in then ^Mndup , i,}^t,iy to be dra.stically affected by obit^ 'Down-at-heel" for "Ros-a-i ^j^g cuuent ti ansportation situation linda'; "Disappointing" — "Che)r\ | q,^,.^ ^3,0^. pj. Y. company has Orchaid', "Tuikey" — "Stai and m^de anv changes to suit, otheis so STRAWHATS PREEM OF LOMASK-KANE COMEDY Bagles Mere, Pa , July 24 Foi est Inn Playhouse, ittawliat which lesumed here this season after four years' .shutte'iing, will pie.sent a pieniieie Aug 16-18, when The Return of the Innocent"; comedy by Capt Milton Lomask, USA. and Whitfoid Kane, \el Broadway actor, w ill be tried out. Kane wiU also stage and act 111 the cdn-iedv. Reported :that sevpral j Jl.; Y. producer.s are.interested .in.the play'.' Frieda Fischbeiit. .N'^: Y.-.;ag^^ I is handling for the authors;. Alvina icra.iii^e, is director of the. Playhoiise.. Sarxille Slock Newstiav\hat group Tlicatie Pio-. ducers, Inc took ovei Savville Sum- mer Plavhouse. Sayville, L. I., open-, ing season last night with' "Blithe Spirit." Dennis King is starred; with Ann Andrews,- Valerie Cossart and Nydia Westman featured. . 2 Opera Tours Out Via ODT »hip power and. authorities Avould not.be able to i;lo!5e: ;^ows- without- due pioces,s of law specifically trial by iuiv Bill planned for intioduc- tion in the A.s.seniblv's next session w«,s .suppo.sed to have been drawn up this .summer but ther* have been no Ion cfuestions of law involved. Court pntertained the argument and rc-- served : decision imtil .^-this ■ ;weelc. Eddie Dpvvling is not coupled ill :th< 'action,-.''■.;.'■- . ■,■',:.;:■'. ■.;'■■■■■"-■;'■■■' .',';' '■.■•'':■ I Singer will be questioned in an ' examination'before trial today (,25>, Yokel Sells Out ' One controversy in the several- "A Comedie Fiancaise ' new ,Io-' ""ied Menagei le ' wi angling has s-cph rield-Jeinme Chodoio\ play 1'^'^''" ^dUed Alex Yokels 10'{. in- which ptiltimei Herbeit H Haii is I ^'''^-^^ '^^s been puichased bv Doul COINCIDENTAL LONDON AND N.Y. PRODUCTIONS tChai bert) will produce, is slated to go into rehearsal Aug.. 15. following aili\,il oC Fields in N Y lipm CoaM Aug 14 lo duett O.scar Kailuei.s talked of to play the lead, it his health .permits: . English rights have : been pur- chased bv Firth Shepatd who pio- duced other Fields-Chodorov suc- Cf'st^ 1 iunioi Miss,'' My Si-.tei Eileen'1 111 London. October pioduc- . lion.is'planned there, coinciding wil*i the one in N. \ Ross, Solt Prep Legiter • ■ ; Hollywood, July 24. .Frahk Ross,. cuirriently rc'adying .tiis film production^ "The Robe," is doubling as a legit plajwlight col- yokel' laborating with Andrew. Solt on a comedy diama for the Bioadway itage. Play will be .completed in time for fall piesontation, with the possibility that Ross may go east to help with the production BENARD HEADS VANGUARD ing and Singer, reputed to have paid him a sum in excess o£-$50i000, in settlement of all claims Yokel was inMuunenlal in bunging in Sini-ei who financed -the hit, m return for which he received 5"-i: of the .show from the co-producers (Dowling and Singer), : Weaned ; of bickeruig. Yokel; suggested they buy him out .several weeks ago. Dowling gave Yokel the: agreed share without hesitation, although he recently became annoyed and threatened to withhold it. It was .some time after 'Menagerie opened m New York that Singer turned o\ei a .shaie to Yokel the pair having- had;a series of' differ- ences dalinft from the opening of the pla-y in Chicago. In addition to the ca.sh settlement, i.s to be- general manager, of "Menagerie. ' and is to be paid sal- ary Until ii6.vt June. It being op- tional With hiin whether or. not he acts in any capacity tor. Menagerie." «e was company inanagei up to last week, Al Lee having sinee been apponlled to tliat job Garter ; "III advised'' ~: ''Per.sonal Appearance"; 'Dull excursion into the sewer""-"Catherine Was Great': "Limping" .-r' 'Porgy and Bess'; "Vulgar" and "noisome''-^"Two in a Bed ; "Pushover for Helen Hayes, and not worthy of her thespic dyna- mite—'Harriet ; "A new low"— ' Student Prince -—and more such. Of the 45 on the boards here dur- ing the season,- only nine were musi- cal.s, .26 were straight legit, and 10 were operettas-'not -counti ng foreign language plays, of course, nor a i weird concoction on ice called,! ' Alaskan Stampede." which was put ; on in the,old Coli.seum Oast summer. 1 Part melodrama, part musical, with j E.skimo dog.s. a song titled. 'Please. 1 God. Bring Mv Man Back to Me," j etc., frozen fiasco -folded In a hurry.. ] ■ Chicago being a great town for anything wilh music, takes for must- 1 cals on the rung lust below "Okla-1 homa! " ranged all the Avay from- $181,600 to $159,700 for four and ; eight weeks, respectively, of "One f Touch or Venu.s' and "Star and G-ar-r | ter,' former proving again that any-1 one who wants to clean up in a • hurry; with a tuneful .spoonful can.( 4* That managers and actors ar« I much disturbed over the probabi* I interference m road showing elated during the first quarter or half of the 1945-46 season was indicated by moves on part of both during th« pa'-t week. Situation is the allocatiott-; ot sleeping cars and othet rail equip-,; ment for the tran.sportation of troops being, redeployed across the contir- nent for embarkation to the Jap. front.; However.. the volume of Gla arriving from the European Theali*^ of Operations IS stated to be much larger than anticipated, and at lh«;:.; present speed of arrivals the peak »1 westbound trattic may be reached ;: in October rather than during the- winter Managers have asked for a hearing before the Olfice of Delense Tians- portation in the hope that show busi- ness'will be exertipt, in a hieasure lit. least,- to the''no exceptions" rule for; ■civilian travel,. Fearing . that tour«. will be curtailed or dropped, Equity, has sent word to the League of New York Theatres setting forth conces-' sions for its transportation regula- tions. Actors will be required to-, travel m day coaches, regardless oi contract stipulations, .if sleeper and. parlor car rejservation!*..«re nftt'obi- tainable/'-;" ';-'-'— ■ .■ Managers will not be "penalized" by Equity as heretofore. Early m the war, when companies traveled' .sans Pullman service, inanagerswere required to pay; the difference jri; -fare; to the actors.. In light of the present situation in transportation such payment is: .slispendeid.;Equity ; tipulates that a written statement far maintaining they'll pTOGeed on alfeadv-set schedules,. - • j, Columbia - Concerts; anticipatnu! | the cnsi.s, cancelled next .seasons' tour of Its Columbia Opera Co, and the winter tour of the San Francis- co Opeia Co. Former, 75 people, required two pullmans and a bag- gage car. Frisco troupe, making its first tour east of the Rockies, would I have comprised 150 people, needing rthree baggage cars and six pullmans. I Frisco group also announced Mon. C23) Cancellation of its Sept. tour of one week to Seattle and Portland on same grounds. , . .. ,.; - GolumbiSi has five- other group air tractions, much smaller -in, size, and has applied to Office of Defense Transportation for relaxing of its ruling preventing the charter of buses by traveling organizations. Columbia points out that the liveli- hood of lis artists depends on per- sonal appearance)?, hence jihould get priorities over,, salesmen, etc., next to military. Columbia al.so bellevc^ its single arti.s-ts will be affected, and- is ch;ini!- ing routings, not booking so -solidly 1 from live railroad verifying the lack of Pullman equipment mu.st be se- cured .in order that the differential payment :shall be .made exempt.- Equity reserves the right to rescind the exemption should a paucity of ■ Pullmans be legitimately questioned. The problem of pro rata salary de- ductions, when and if road dales are po.stponed because of tran.sportation delays caused, by. troop movement!,, is to be worked out between Equity and the League. Cancellation of Coast shows sur- pi ise m New York. Pointed out that; while mo.st sleepers would be filled with.GIs on the westbound trip, such, equipment must be brought back and that the railroads would prefer having sleepers occupied than dead-, head the equipment. While Coast showmen are aware of that, it's indi- cated that they don't care to take.« chance on running into travel trou- ble to get the attractions back from the west. , do nothing bettei than bung it into | so Ih^l artists can use plane co.Hh the Opera House <capacity 3,600). GUILD'S SUBSCRIPTION PLAN SET FOR COAST - Los Angeles, .luly 24.. Lawrence Langiier .shoved off for New York after, conferring with Homer Cinran and Marcus Heiman on a Theatre Guild suuscription .sys- tem for the West Coa.st. Project calls for four of fn-e Guild plays in Cali- fornia on the sub.scriplion-plan dur- ing the coming yeai, stalling with "O;klahoma!" . Under - the proposed system, the subscribers will be given seats dur- iilg the, fli'st two weeks; of; any run, followed after that lime by non- .subscribers. Guild also proposes to produce one, or two plays on the Coa.st before showij-jg thcm in New Yoik Goulding's 'Girl' Off Edmund Goulding'st self-wi itton play. 'The R.van Girl" with Dons Dalton and June Havoc, n<jw looks ; Lo.s Angeles, ,luly 24. Vanguard Stage elected Paul Ben si'd, executive direotov, under a re . organization of the legit company, i off. suggested by Actors Equity. ; | He was lo have pre.semed it Inm- Othci mcmbeis of the boaid of | ^clf tins f.'ll with Rich.id Kidkcui diLcctors aie Regina Piatt, Kathleen associated, but a pix pre-production Teiry.Fjed Shields, and Ted JacquCi, deal failed to jeiL Ben Ross* Plays Ben Ro.ss returned over the week- ' end fioni an eight-months' o\eiscas I tour.a.s stage manager of the Anna- bella- 'Blithe Spii it" company, with 'one English and thiee French scripts [for whifh he hopes to arrange pro- duction. . Ross, 'former stajje; riianager, for jthe Playwrightii Co., is chahging his pi ofcs'-ional name to Ben Ross Bei-rnberp. Feels there are too many Ben Rosses Ml show ;bi!c. keep out of trams Tli<'\ le chang- ing every date ttiat requires a pull- man lump under~4.')0 miles. Other conceit buieaus aie adopt- ing a wait-see policy. National Con- cert and Artists Corp. reports it has made no plans yet-to curtail tour-| ing attractions, groups or .iiidivi-.j duals. Charles Wagner has made no I change, in. his fall, toui' of .six wcijks j with his opera troupe of '■Risolello." i Fortune GallQ'!. expects-, to -go . right j ahead with his eoast-lo-coa>-l toui | of his San <;:;ai!o Opera Co onlv j making certain changes in 1 outing to break jumps, and expecting ODT to help them carry on. ■'William Morns Agency's conceit dept:. which troupes the scveiirman Salvatore Baccaloni opera unit in addition io individuals, has made ii'i changes in plans, stating it's to early to decide now about next,winter: or spring conditions. It also points out that while trains may be going west loaded with -t-foops, they'll be re^ turning east empty, and could thus be utilized foi show bi7 BOHNEN RE-TOFS LAB Hollywood. .luly 24 Actor.s Laboratory reoli-cfed Ro- man BohneiT chairman of the exccu^ tive boaul. Sam Levrnr i.ecpcr ,n(l Phil Brown treastlror, Other board members are: J. Ed- waid Brombcrg. Moms Cainovsky, Mary 'fareai and Rose Hobart. ADVANCES SO-SO FOR 3 BROADWAY LAYOFFS Advance .sales at three Broadway , thealies where shows are laying oft I for varying periods has not been exceptional, reflecting business gen- erally so far this summer. •The I.ate George Apley" (Ly- ceum),- first show to re.sume. will lelight Monday f30), when the ad- vance Will be around $5,000, n is estimated. About the same propor- tion of tickets has been sold^sieP-, "A Bell For Adano" (Cort) and "The Voice Of the Turtle" (Moro-sco). - Biisiiie.ss of all three should be prolitable. having suspended lo good- ly figures, especially the latter two, ,. because no new shows are scheduled until after Labor Day. Chances of "Adano" are dependent, however, upon whether the picture version ( Will .clip, the stage play. Film now is 1 in its lliird week at the Music .Hall, Rrfdio C'ltv and diawing bigger I grosses than expected. It may play i six- w-cr-ks or longer. If so the play. I will h.ive the picture duectly up- j posed to it at least durmg the first J week of resumption fAug 13), j 'Tuitle' -will not relight until late: ! next month. 1 Another trio of plays was . more or Mess slated to relight, two haying 1 changed plans^;'T e n . Little ''in- , :, dians''. now in, the neighborhooifls I has been-booked on the road, nnm* bung planned for 'The Oveitone," "J'oxhole in the Parlor," announced: to rtjljghl,,!^ ,not knOWQ to have.ser cured a-theatre. .;• ;