Variety (Nov 1948)

88 Wednesclay, November 10, 1948 Balked Bookh^s Claimed as Wagner Is Sued for $100,000 in Damages Charles L. Wagner, vet opera- concert impresario, is: facing . an injunction, & $50,000 libel suit and another $50^000 damages suit from the New Manhattan Opera Co.,: on charges of slander and un- fair competition, N. Y. Supreme Couit Justice Aaron 3. Levy is- :«ued a .temporary injunction Oct; • 29 restraining ^Vagner from "in^ terfering" with NMOC activities, with the injunction hearing set for Nov. 16. NMOC, through Its treasurer «nd attorney, Norman W. Schur, claims that Wagner, and other lellow-members of the League of Gi'and Opera Producers,; were at- tempting to keep the new outfit from making tour bookings. On Oct. 29. NMOC filed suit for libel and damages against Wagner, claiming in its brief that he Vmali- ciously"; induced several local managers^including Parker Sarar uels, Lancaster, Pa.; Paul Spor, Cleveland; General Motors, De- troit; Defiance College, Defiance, O.; The Barbers Union, Buffalo—^ to cancel NMOC appearances. NMOC also claims that Wagner, using stationery of the League, had "sUghtingry^- refemd to them as ''fly-tby-night," calling them an outfit of "aspiring operatic genii who don't deiiyer the goods." In his application for the injunction, Schur also charged that "the ticup between Wagner and the League is unfair competition." ! Wagner, who has been touring , an opera troupe around ^ tlif \ coun- try for many years, denies all of I NMOC's charges, although Schur I claims he has.' photostatic ^copies of letters involved. NMOC was founded last year with Frank Foti, conductor, as president, . Willard Matthews, concert manager, Is the booking agent. Marfaret HartlKan to Chicago for six weeks to promote visit of.' N.Y. City Opera Co,, starting Dec. 1 .: . . J; Alden Talbot to Paris on business for the Marquis dei Cuevas' Grand Ballet de Monte Carlo . Settle Pitt Mag Feud Pittsbiffgh, Nov. 9. Nixon theatre's mad-on at BuUe? tin-Index, local newsmag weekly, over editor Anson Campbell's re* view of Theatre Guild show, "The Silver Whistle," lasted only a week. After Edwin Mappler, manager of legit house, had yanked regular house ad and withdrawn critic passes from mag, B-I blasted back with full-page on freedom of press, and got backing from Post-Gazettte, too, with an editorial denouncing playhouse for its action,: In few days, however, Wappler had cooled off, and regretted ac tion, which he said was the result of "heat of moment," with Bulle tin-Index accepting the apology and agreeing to forget the matter, The Great Showplace For All lowo 5 u .f ^*^■ 'ft (t ^i 53 PBIFORMAHCES MET $440,992 Shows, Performances Net 0KLAH0MAr>.8 ptrft $90,277.50 LIFE WITH rATHER—1 p«rf «.607.50 TOMMY DORSEY—I ptrf 7,668.82 XAVIER CUCAT—I parf 5,272,50 VOICE OP THE TURTLE—1 perf 7,336,50 0I» IN CENTRAL PARK—I perf 11.225.50 SPIKE JONES—I perf 9,491.00 CARMEN JONES—1 perf 9.068.00 HOUR OF CHARM—1 perf 9,926.00 HAMLET—1 perf, 6.431,00 STATE OP THE UNION—I perf 9.366.00 LAURITZ MELCHIOR—I perf 6.508.00 FRED WARING—2 perfs.,. 16,314,50 BLOSSOM TIME—1 perf 6.148.00 SPIKE JONES—1 perf 9.372,00 BARRETTS OF WIMPOLE STREET—i perf,. 9,549.50 PAUL WHITEMAN—1 perf 9,642.00 STATE OP THE UNION—I perf 9,177.00 THE RED MILL—4 perft 22.788,50 SPIKE JONES—I perf 9,581.50 HARVEY—2 perff 16.234,50 JOSE ITURBI—t perf 9,790.50 SHOW BOAT—4 perfi 32,445.00 I REMEMBER MAMA—1 perf 5,624.00 ANNIE GET YOUR GUN—8 perfi 61,441.50 OKLAHOMA!—4 perfi 27.791.00 HOAGY CARMICHAEL—I pert,,. 7.542.50 HORACi HEIOT—I perf 8,372.50 BE SURE PES MOINES IS ON YOUR 1948-49 ITINERARY i D.C Legit Picture May Be Improved DuetoElecti(^ Reelection of President Truman last week, with the Democratic recovery of conteol of the Senate and House is seen as a possible factor in a clarification of the pres- ent legit theatre situation in Wash- ington, Among Actors Equity lead- ers familiar with affairs in the capi- tal, it's believed that before long the Government may relax its terms for lease of the Belasco tlie> atre there. In such case, various legit interests would bid for the house. Chief hitch last spring to the leasing of. the Belasco was the Government's stipulation tliat it must have the right to repossess the theatre without reimbursing the lessee for money spent on reno- vations. According to Inside in- formation reaching Equity, that policy was adopted under pressure of Southern members of Congress, who wanted to prevent use of the theatre on a nonrraclal-discrimina- tion basis. It's now figured that in view of Truman's civil rights stand and his new influence with Congress, particularly after the Un- successful Dixiecrat revolt, the Government terms for lease of the Belasco may be modified. If so, the theatre will almost surely be snapped up, possibly bv the American National Theatre & Academy, despite the limited ca- pacity of the house and the money needed (estimated at around $200.- 000) for renovations. Considering the size of the theatregoing audi- ence in Washington and the poten- tial gross involved; rental of the theatre would be a promising in- vestment, Marcus Heiman, who turned his National theatre there into a film house rather than accede to Equity's demand to drop his racial segregation policy, hasn't Indicated what stand the United Booking Of- fice, which he heads, might adopt toward the Belasco. But that's dis- counted as a serious factor in the situation. . • . . Production Bids Wanted On Saroyan's M Go' & Revised 'Jim Dandy' William Saroyan, who has taken up permanent residence in New York, is asking stiff terms for the production of his. new play, "Don't Go Away Mad." but is reportedly willing to modify his demands if « desirable management indicates serious interest. He's also rewrit- ten an old play, "Jim Dandy," and would like to arrange for its pres- entation in musical comedy form. Meanwhile, he's temporarily cov- ering Broadway openings for The- atre Arts mag. The author is enthused over "Don't Go Away Mad," the action of which occurs in the cancer ward of a hospital, and he disputes any idea that the locale might makCfit uncommercial. However, he's not sitting around until it is produced, but is working on other legit scripts and fiction. Markova, Dolin to Rejoin Ballet Russe on Coast Alicia Markova and Anton Dol- in, who appeared as guest artists this fall with the Ballet Russe dc Monte Carlo in its N. Y. and Chi- cago stands, signed contracts Mon- day (8) to join the touring troupe for Its San Francisco engagement, Nov. 29-Dec. 8 and Los Angeles run Dec. 10-18. Duo then is leaving for London to dance at the Earl's Court Stadium, Dec. 26 and 31. They'll be back in the U. S. in Jftttuary foi'concert dates. : Beaton Scripts One Cecil Beaton, whose previous theatrical activities liave been limited to designing scenery and costumes, has written a play, "The Gainsborough Girls." It's described as a raucous 18th-century period comedy. No production is set.