Variety (July 1949)

Wednesday, July 27, 1949 UMSITIIMATB 115 BROADWAY SEASON'S LATE START IHurtagh-Broker Showdown May Not Come Until 75c Law Gets Test Showdown between John M. Murtagh, New York City commis•ioner of investigation, and the ticket brokers may not come until there’s a test of the constitutionality of the 75c limit on agency fees. Meanwhile. Murtagh has won every legal skirmish with Jesse Moss, attorney for the brokers, and is going ahead with his campaign of agency license revocations and amassing evidence for possible legislative reform. Moss believes the 75c limit, part of the stale business law. is unconstitutional. but he’s been unable to test it on any of the cases thus far. He failed again last week to have the issue decided, when N. Y. supreme court justice Thomas .^. Aurelio ruled that there was sufficient evidence to warrant license revocation of the Louis Cohen agency on other grounds than overcharging. There’s a chance, however, that Mo.ss may not wait for a case to test the 75c. rule, but may bring a separate, outside suit on behalf of one of the brokers. The a<‘lion. either in federal or .supreme court, would seek to restrain Murtagh and the commissioner of licenses. Edward T. McCaffery. from enforcing the 75c. limit. Figured such a suit may be brought within the next couple of weeks. One of the devices by which overcharges are sometimes disguised on agenc.v books is to enter ficticious sales of balcony seats to charge-account customers as part •of legitimate transactions for (Continued on page 1 16) i ‘Harvey’ for Aussie Finalized This Week Final contracts for presentation of “Harvey” in Australia under J. C. Williamson Theatres manI agement are being inked this week. Dorothy Stewart, WilliamI .son's N. Y. rep, is .sailing for London on the Queen Elizabeth Aug 4 to take charge of the London of, lice lor six weeks, manager, is in Au.stralia with an Nevin Tail, London general Italian grand opera company he look out there. With his assistant taking ill. Miss .Stewart got the hurry call. Her main Job will be to arrange tran.sportalion for a Gilbert & Sullivan troupe going out to Aussie from England. Arthur Miller Hasn’t Any Idea on Which Producer Will Get His Next Play Recently reported statement by Arthur Miller that he has no idea what management will get his next •cript, is understood to have come as a shock to Kermit Bloomgarden. co-producer of the authors ““Death of a Salesman.” Playwrights normally continue business associations with managers who have produced their scripts successfully, so Bloomgarden apparently assumed he’d get first chance at the next Miller play. However. Miller's atatement indicated who will get hi.s next script will be decided strictly on who can give it the best production and will offer the best tei ms. Although Miller s first play. ‘‘The Man Who Had All the Luck." was pre.sented by Herbert H. Harris, the author and Elia Ka/.an, w ho ^as to stage it. gave the next drama. “All My Sons. ’ to Harold Chirman & Walter Fried. In the case of “Salesman.” Miller and Kazan gave Bloomgarden first chance at the .script when the latter asked about doing it. Bloomgarden brought in Fried, giving him a share of the producers profits. Although “Salesman" is “pre■ented by” Bloomgarden & Fried. • hilled as a Kazan “production '“ nd the director is understood to *h unusually lucrative finanI * on the show. Miller has dicated that he and Kazan will gain decide mutually on what *he next "'Ork. liberty,’ ‘Pacific,’ ‘Kate’ Have Fat Theatre Deals Theatre terms for “Mi.ss Liberty.” new musical comedy at the Imperial. N. Y.. are unusually favorable to tbe producers — Irving Berlin. Robert E. Sherwood and Moss Hart, Show is understood to get 75^i, of the first $40,000 gross, .uul everything above that. At the current pace, that would give the theatre rental of $10,000 on last week’s .$44,000 gross. “South Pacific’’ also has an attractive rental deal for the Majestic. N. Y. 'I’he Richard Rprigers(Xscar Hammerstein. 2d, musicaf gets a straight 75', of the first $40,000. everything between $40.000 and $.50,000. and 7.5' c of all over $.50,000. At the show’s consistent $50,600 gross, that brings the rental to $10,1.50. “Kiss Me. Kate." at the Century, X. \.. keeps 70', of the first $2().000 and 75' r of everything thereafter. .M its regular gross of over $47.1000 a week, it pa.\s $12,775 rent. Imperial. Majestic and Century theatres are all operated by the Shuberts. NEW PORTER MUSICAL BUDGETED AT 200G Porter and producers J, ^*'bber and Lemuel Ayers P O'lck next week from the u * slyrting date will probCftmi ^ shortly for their forth•.11 musical, tentativelv titled Heaven and Earth." Porters Dwi**v,i''*’i'^***'^b*^***d. but scenarist bonk bas not finished the probably be ^''dReted at .$200,000. with ha.keis Kate" offered the befrw bj*reenfage investments as •‘K , ^;.d*)hn t . Wilson, w hi) slag«*d *• will repeal I he assignment. ‘LAUGHTER’ PARTNERS TO GET 7-8G RETURN Bai kers of the rgeent louring revival of "Present Laughter.” starring Edward Everett Horton, will probably get around $7.000-.$8.000, return on their investment, from a elau.se in the eontrael between eoprodiieers C. Edwin Knill and Martin Manulis, and author Noel Coward. Contract gave Knill and Manulis rights to the comedy for a year. So when Horton wanted to do the play at various strawhats this summer. Knill and Manulis reiiuired the pavment of a $500 weekly fee <in addition to the author’s royalties. of course). So far. the deal has brought them $5 000 on 10 bookings Horton has made for the show. .MI the proceeds are being naid to the backers., who lost their $:f.5 000 investment on the reviv;i| production. Horton will do the plav f(»r a run at P^I Capitan. T.os .Angeles following Ken .Murray’s ‘ Blackouts ” there. MCA's Morris to Europe Masnard .Morris. «»f the Mu-ic Corp. of .America legit d'‘pailmenl. planed Friday -22' to Kiiror)e. pi i maril,. to attend the opening of the London production nf ‘Death (if a Salesman." with F’aul Muni He will Hy back Aiig 8 .Agent went first to Paris fer four days of Ihcalregoing. and he I! spend about a week ealehing llu* West End shov\s before returning to the L’. S. * OCT. FOR Washington Still Ain’t Talkin’; 1ST JORIVIILS* Waiting-Out on Derwent Boner? ; By HOBE MORRISON 'I’he fall sea.son on Broadway will probabl.v be the latest-starting within memor.v. .According to present indi(‘ations, the first legit productions will not arrive in New York until mid-October. (Ken Murray’s "Blackouts.” opening Sept. 7 at the Ziegfeld. is actually vaudeville. not legit.) In contrast, there was a rush of new shows immediately after I.abor Day last year, with IJ airivals during September I only one of which, “Edward, My Son." was a hit. however). •Although there lias been the customary plethora of production announcements. relatively few of the listed entries appear definite. .An acute shorla.ge of available financing. plus tlie perennial dearth of satisfactory scripts, may be responsible. l.ikely to be an incrca.sing factor a.s the season progresses is the limited supply of suitable t heat res. 'I’he seemingly definite productions for tall include Maurice Evans’ double presentation of Terence Kattigan's "llarlequinade" and "Browning Version.” the Playwrights’ (’o s “‘fry. the Beloved Country" (to be retilled), the Kermil Bloomgarden-Gilbert Miller "Montseirat Katharine Cornell’s “■'I’hal Lady." Cheryl Crawfords musical “Little Foxes," the Theatre Guild's levival of ““.As You Like It." the Alfred deLiagre, Jr., pr»>ditciion of “ Bell, Book and Candle." .Also, Herman Levin -Oliver Smith’s ““(Jentlemen Prefer Blondes." the .Aldrich & Myers revival of “('aesar and Cleopatra." the Subher & .Ayers musical. "Heaven and Earth," the Guild’s 'Continued on page 116) ‘Goodbye’ Expected To Last the Summer On the .strength of its boxoffice pace in the last few weeks. “Good bye, M.v Eancx” is now expected to continue througli the balance of the summer. Kay Kanin comedy has been topping $10,000 we«‘kl.\. with an operating nut of around $9,000. Fulton 'rheatre is under stood to liaxe a $3,500 guarantee against 30'’, of the gross. Ruth Hussey, currently s|;in-ed in the Aldrich & M>eis-Micliacl Kanin production, will r(*main with it for the rest of the Broadway lun. Madeleine Carroll, who created the I'ole. will return from vacation to play it on the road. Stockholder Suit Dismissed Vs. Shubert Firm ‘Blind Mice’ Fall Tour Awaits Douglas Pic Deal; Most Parts to Be Recast “Two Blind Mice,” .Samuel Spewack comedy which closed recently at the (’ort. N. will' probably tour in the fall, with Meivyn Douglas continuing a.s star. Actor is motoring to the ('oast for a picture deal, and will know in a few weeks when he will he available to go on the road with the legiter. Mabel Paige is set to be back a.s one of the femme leads, and Laura f’ierponi will probably play the other again. .Most of the other parts will be recast. Production, prexsented hy the new firm of llarri.son VVoodhull Si Archer King, was financed at $60,000. of w liich about $36,500 was earned back, plus other assets in the form of union bonds, etc. Some of the available cash may he di.stribufed to backers during the summer, with some kept to launch the tour and as a reserve. .Spewack, currently in Europe, v'ill revise the script somewhat while he's away. Deal for the .Swedish rights to the comedy were sold last week, and other foreign negotiations are in progress .Also, there's recent l.v been a renewal of film interest in the play. .Jerry (^olonna (Jets Top Comedy Role in Revival Hollywood, .luly 26. Top comedy role in ' (iirl (’ra/.y," (tene Mann s outdoor Gieek theatre production, goes to Jerry ('olorma. Show opens Aug 22. starring Buddy (’lark and Benay Venuta. Duke Back in N. Y, Afler Hirf-c months abroad, cornpover \ Crnon Duke returned to N 5 .SiMidaN 24i aboard the .A mertc.a Duke IS currenllv w(uking on a row h.illcl Midwinter’'; Night Dn.oii.’ which the .Marquis de Ciieva' wanl>« for Ids International Ballet Co m P.iris. He is als(» finivhiiig \'(»ik on a n(w musical (’ainiv.il -.( lu'diiled lor '-nring pi I (lu( t ion in Pat i&, i Stockholder suit against the Select 'I’heatres (’orp.. Shuhert subsidiary. was dismissed last wc'ek hv .N. Y supreme court .lustiee Thomas A. .Aurelio. .Action, intended t(» find out whv no dividends have been paid, although the comiiany has huilf up ““substantial and increasing surplus,” will be carried to a higher court, according to .Abraham I.. Hecht. president of Public Operating (’orp., the plaintiff. (’otirt dismissed the suit on the ground that prima facie e\ id(‘nce was not submit t(>d to show that tin* information sought was n(*c«'ssarv for the protection of the stockholdt r. and that there was no claim of “mismanagement or waste or any wrongful act or omission “' .Although the right to inspect all accounts and monihiv amtits w;is denied, the court ruled that the corporation stockhook must he avail.ahle for inspc'clion liv ttu' plaintiff this morning (Wed.' at ttu* Shubert office. It was brought out iu the suit that there are 38.000 shares of preferred stock of .Select 'I’healres at $)0 par value artd 200 00(t sh.ires of common at 10c. nar Heclit’s firm, as owners of 250 sh;*res of commoti, asked for det.iiled information why no divvv lias been forthcoming. In contmeniine on the action. Hecht said he helievt's Select has a surplus nt .$1,300,000, and that the stockholders have a right to ktu»w what's I 'ing done with the money. He explained that Public Operating (’orp.. which has numerous investments in various fields h;i(l acquired its stock from a hank th;<t received it as pavment of debts of .Select Vhealres at the lime the .Shub»‘rt.s, reorganized the comoanv’ afler it had been in hankruotev. If has been difficult to obtain information about Select 'I’heatres he s'Md. as the Shuh*>rts usu.'dH' scheduled the eorooral ion’s antiu:it meeting'’ on Rosh Masbonah. the .lewish New A'e.’T's. 'Phis vear's slockhniiler meeting was held on Yorn Kinnur the Dav of Atonement. he noted ‘John’ for Coast nf»llvw(»od .Milv 26 “ .lohn Loves M.ary“' otu’ns ori the foasf Aug 8. at the M'llmore G.ile Stoi'M. .lirnrnv L'don. Gran* Mi(f l)ell I.«*atriee .Fov, .\I u ti; North and Baihar.a Read hetd Hie ca>'t Show is tiring present. -d tiv the M ’.oners Club third o^ Hie eluti’s enfiies into loe.al legit Fjrvt f\\o '(•“•(.nt F'.ace “ startin'’ D -ne Clark ■ind ■yccerif on 5’oufh " -t ii irie futo Vrtieer atid .Fe'>n»)e nl.ived at the srndl El P.'tio Hollywood to moderatf ly good hiz ♦ Neither Clarence Derwent, .Actors Equity nor the .As.socialed Actors & Artistes of America has had any reply to their protests to President 'I’ruman and Attorney (Jetieral 'I'om Clark, or to their re<iuesl.s for an explanation of the actors six-hour detention and questioning July 17 at LaGuardia Field, N. Y., on his return from Europe with a “Hamlet” troupe. None of the communications has even been acknov^ledged. Derwent himself wrote a letter to Clark last Friday (22). noting Ih.it his wire of the previous Miihday (I8) had not been answer«-d, and asking if Hie matter could nut he finally clarified. The 4.A“s international board had sent a protest the previous Moml.iy to Mr. 'Pruman, and tlie Equity council, representing Exiuity and (’honis E(|uify. also protested to the Pre.s^idf'nt the next day. So far the Governnu*nt“s only official explanation for holding and grilling the F'quity pr»*siderit was that, because he anivi'd on .Sunday, a holiday, it was ““necessary to send to Washingt(*n for his file, in order to esIablisFt un(luestioned identity." It was pointed out by Immigration & Naliiialization Service officials that when Derwent was ““cleared for re enti y * to the U. S. it constituted alisoiving him from any suspicion. But no official statement to that effect could be obtained. One Government official indicated unofficially that the case was stirred up by the reception ol a letter, apparently from a eiaiik, (barging the actor with leftist affiliations. Angels’ Syndicate Wins Judgment Of $13,701 Vs. Harris .lodgment of $13,701 ag;iin'-t .led Harris, in connection with his productions several seasons ago of "Apple of His Eye” and ““l.oco" was won in N. Y. supri'ine court l.ist week bv .Savoy Productions a syndieafe of legit hackers' Suit was filed two years a' o. asking for an accounting of $20,000 the group had invested in the prodocer-direetor’s shows. .Judgment went by default. .According to llic complaint filed at the lime. Harris i.ssued no statement of the financial status of ““.Apple," which had closed two years previously, following moderate runs on Broadway and the road, with Walter Huston stain d. "Loco” was a flop of the following sea.son. Two seasons ago Harris staged and was partnered with Fred Finklehoffc, Jr., in the production of “The Heiress.” with Kinklehoffe having .sole presenter billing, I.ast season, besides directing the .lean Dalrymple production of .lean-Paul Sartre’s “Red Gloves," he staged and produced Herman Wouk's "The Traitor.” The latter two were failures, but “The Helres.s ” was a click. ATPAM AIDES SOUGHT FOR L. A. THEATRES Hollywood. July 26. .Attempt to have union flacks and front -of-the-house employees hired for local legit productions will be made bv the .Assn, of Theatrical Press .Agents Managers. That will be the primary tonic for discussion during the visit here this week of Milton Weintraub. .A 'I’ AM secretary-treasurer. However, various other union malt'Ts will be considered while Weintraub is here. AUSSIE GETS “OAT’ Svdnev . .Iiil\ 20. “One Wild Oat." BiiH-h fane at (I.'irrick. London fia" been bought for .Aussie hv A Ben Fuller. s(!n of Sir Ben Fuller He's eurrentlv In lamoon Inok‘^eeing talent and shows for Down I Oder