Variety (December 1909)

VARIETY "TEN PER CENT" COMMISSION TO BE PASSED ON BY COURT In Agent's Action, Point Is Raised That Charge Is Illegal When for*bver Four Weeks* Con- secutive Bookings on One Contract. Briefs are to be submitted to Municipal Court Judge Spiegelberg by Dec. 0 on the point raised by William Grossman, attor- ney for Kate Elinore, in the action brought against Miss Elinore by Geo. Homans, the agent, to recover commis- sion alleged to be due him for Miss Eli- nore's engagement on the Morris Circuit. The point made by Mr. Grossman is that in Sub-division 5, Chapter 327, of the Laws of 1006, State of New York, it is provided that an agent cannot charge nor collect over 5 per cent, commission upon an engagement made for over four weeks. Under this same section which everyone, excepting Mr. Grossman, seems to have overlooked in the various commis- sion suits of the past few years, it per- mits a charge of 10 per cent, for a con- tract for four weeks or less. The attorney maintained that as Miss Elinore was booked for a longer term than four weeks by Mr. Morris, and that inas- much as the Morris Circuit had deducted a commission of 5 per cent, weekly dur- ing the weeks Miss Elinore has played, Mr. Homans had* no grounds upon which to recover. The Court reserved decision, ordering the briefs to be submitted. Augustus Dreyer, representing Mr. Homans, would not comment on the case when seen by a Variety representative. He merely stated that if Mr. Grossman's contention was upheld by the lower court and sustained in the event of an appeal it would mean. considerable confusion in booking agencies. Mr. Dreyer probably referred to the present practice of the large agencies con- tracting for acts through "outside agents," each charging a commission of 5 per cent. In one instance it is of public knowledge that an agency is also obliging the "out- side agent" to divide the amount received with it, giving the big agency a net re- turn of 7 M» per cent, of the gross salary. Contracts made from w«ek to week are not affected by the law. An attorney this week would not express an opinion if, in the case of a usual "blanket" which ordi- narily would call for twenty weeks or more, the contract was split up into a suf- ficient number of agreements to make each four weeks only, the court would look upon the maneuver as an evasion. The United Booking Offices, where many managers are gathered, issues individual contracts mostly. The Orpheum and Morris Circuits would be affected by the decision of the court against Homans. There will likely be an appeal regardless of how the decision goes. The raiser of the question, Mr. Gross- man (House, Vorhaus & Grossman) is also attorney for Percy G. Williams, a leading United manager. Hlnir Harry L. Newmtn'i big song hit, "IV DEAR OLD TENNESSEE." The aeaHon'a blggast tacceM. FUSS OVER IMITATIONS. A point made and insisted upon was gained by Irene Franklin last Monday afternoon, when the character comedienne set her foot down hard at Hammer stein'a, saying she would leave the bill (headlined by her) unless Edna Luby was forced to discontinue the imitation of Miss Franklin singing "I'm Bringing Up the Family." Miss Luby appeared at the Orpheum, Brooklyn, at the Monday matinee, singing Miss Franklin's song as an "imitation" after having been warned the evening be- fore by the originator not to do so. Through Leo Feist, Miss Franklin's pub- lisher, an injunction was obtained, it was stated, restraining the imitator from em- ploying any of Miss Franklin's numbers on the ground they were duly copyrighted, but the order had not been served by Thursday afternoon in time for the first performance. To clinch her position, after having pub- licly announced no permission to use any of her current songs would be given, Miss Franklin made the stand. It caused much commotion around the United Booking Of- fices (which books both Hammerstein's and Orpheum). It was said on Thursday that unless the Courts stopped her, Miss Luby would present her imitation of Miss Frank- lin at the Alharobra next week. AL WOODS IN VAUDEVILLE. Al H. Woods, the theatrical manager and producer, is going into vaudeville. For his entrance, Mr. Woods has selected the new Liberty Theatre in East New York, now nearing completion. The house has been erected by Woods, and was originally intended by him to be a home for melodrama and the plays under his direction. Last week Mr. Woods changed his mind about the policy, de- ciding upon the popular vaudeville show as the entertainment at the 10-20-30 scale. Jenie Jacobs, of the Casey agency, has been appointed the booking mistress, and the first bill will appear on Dec. 20 or 27. The Liberty will seat 1,000. It is in a densely populated part of Brooklyn, with- out any dangerous opposition in the vi- cinity. The theatre is reported to be one of the best built and handsomest in Greater New York. MARGUERITE CLARK SHIFTS. Chicago, Dec. 2. Marguerite Clark's starring tour in "The Wishing Ring'' ended Sunday at the Great Northern. She will join the Shu- berts production, "The King of Cadonia," coming to the Great Northern after Xmas. The report that Miss Clark married Rob- ert Dempster, her leading man, last week is denied. "The Wishing Ring" company left for New York, where the play may be re- written. RATS GET LOWENTHAL BACK. Sol Lowenthal, the Chicago attorney, of S. L. & Fred Lowenthal in that town, will probably acquiesce in the request made by the White Rats to return to his former post of western legal representative for the organisation. Mr. Lowenthal may take up the office he left nearly a year ago at any day now. Following his departure, Judge Dunne received the appointment, and has been paid, it is said, until next February to act as such. At the White Rats headquarters this week it was said the resignation of Judge Dunne had been received on Tuesday, when an offer was forwarded Mr. Lowen- thal, whose reply had not then been re- turned. SALARY $i A MINUTE— It. If you were an "unknown"; if-a mana- ger made you this proposition, to wit:—if vou go on and the audience drives you off within four minutes, your salary is a large nothing; but for every minute after that that the audience lets you live you receive $1, what would you do? That's the proposition Ben Shaffer re- ceived from Dave Kraus, and if report be true Plum has elected to take his chance at the Olympic tomorrow evening (Sun- day). Ben, according to his backers, is a second edition of the Cherry Sisters, and is calculated to start a bloodthirsty audi- ence after his life. It is related that in an out-of-town the- atre where Shaffer appeared, regular artists refused to follow him for two rea- sons: One was that the stage was in no condition, and the other that Shaffer had raised such a riot the show could not go on. So Manager Kraus has fixed it for Shaffer to close the show. A "HIPPODROME" STORY. Philadelphia, Dec. 2. All sorts of rumors have been flying here since the sale of the Philadelphia Baseball Club*-- The stock was turned over by Senators McNichol and Wolf to Horace Fogel, formerly a sporting writer of this city and the latter refuses to say who furnished the money. Many names have been published in con- nection with the deal. One report has B. F. Keith and Percy Williams interested, saying they intend to give open-air shows in the evenings during the summer season. A. L. Erlanger has also been mentioned, and also Felix Isman. The latter held an option on a portion of the stock some time ago. The theatrical connection comes from the success of the "hippodrome" show handled so successfully last season by M. W. Taylor at Columbia Ball Park. The report connecting Keith and Wil- liams has been emphatically denied by Fogel and others interested. FIREPROOF SNOWBALLS. Chicago, Dec. 2. In Mae Melbane's new act there is a scene in which Miss Melbane and a stage hand (in a bear skin) pelt the audience with cloth snow balls. Before opening in Chicago Miss Mel- bane has been notified to have her snow- balls fireproofed. SERIOUS TURN TO BILLERS' STRIKE. Chicago, Dec. 2. At the regular weekly meeting of the Theatrical Managers Monday the latest proposition of the striking billposters was evaded and the Managers' Association sent a letter of reply to the Chicago Feder- ation of Labor and to the various theatrical employes' unions on Tuesday. F. W. Warren, Secretary of the Billposters union, is firm in his statement that their demands will not be changed. The billers now ask that the theatres in the "loop" district reopen the billing de- partments and post their own bills as they did prior to the strike and also reiterate the demands for an increase in wages of from $15 to $18 a week and from $18 to $21 a week for foremen. A special meeting of the Managers' As- sociation will be held to-day and definite action may be taken; as the Klaw & Er- langer managers are said to have stated at the Monday meeting they could not act without conferring with New York. It seems now as though the Federation of Labor will pull all the union men out of the theatres if the demands of the strikers are not complied with. BLANCHE RING CHICAGO HIT. Chicago, Dec. 2. Blanche Ring is doing a wonderful busi- ness in "The Yankee Girl" at the Gar- rick. Herbert C. Duce, manager of the theatre, says she is attracting larger re- turns than when here with Jefferson de Angelis. With the possible exception of Eleanor Robson at the Grand and "Ma- dame X" at the Chicago Opera House, Miss Ring is thought to hold the record for business attracted to a Chicago legiti- mate house at the present time. SUING MARINELLI. The New York Marinelli branch was this week served with summons in suit for $1,200 by Martini and Sylves- ter, the vaudeville act. It appears that the artists were regularly en- gaged for several weeks at the Empire, London. Further engagements were in process of arrangement—that is, the Mari- nelli people had secured the acquiescence of the foreign management and taken signed contracts from the act—at the Folies Ma- rigny, Paris. At the last minute the Fo- lies management refused to confirm cable arrangements. Charles Bornhaupt, of the Marinelli New York office, claims that the action of the act should lie against the Folies Marigny management rather than against the agency which acted only as intermediary. PLAYS PIANO 37 HOURS. Hamilton, O., Dec. 2. Roy J. Harding broke his previous rec- ord for long-distance piano playing at the Jewel (picture house) last week, playing continuously for 37 hours and 35 minutes without having once removed his fingers from the keyboard. His previous record was 36 hours and 36 minutes. A "NO. a" "BLACKLIST." There are two "opposition lists" in the United Booking Offices now. The old one has betfh filled entirely and it became necessary to start another sheet. The sheets are about two by three feet in size, and framed in light colored wood.