Variety (December 1950)

\redne 8 day 9 December 27, 1950 uassiEff UBGITIMATB 43 ‘Roberts’ Boycott; Terms It ‘Nasty Mrmit’ Albany, Dec. 26. ■ The Evangelist, official weekly of the Albany Catholic Diocese, in an editorial (22) titled " *Mr. Roberts* Gondemned,” declared that "all de- cent citizens should boycott this presentation and inforni the man- agement of the Erie theatre (Sche- nectady) of their strong resent- ment.” The company, starring John Fors3d;he, will open a nationwidjr; tour of 33 cities in Schenectady, Jan. 10. "‘In bringing *Mr, Roberts* to Schenectady and suggesting that tickets to this offeii^ive play pro- yide the answer ‘to your Xmas chopping problem,* the manage- ment of the Erie theatre is per- petrating one of the nastiest af- fronts to Christian decency that the community has suffered in a long time,” the editorial said. ‘“Mr. Roberts’ has been condemned by the Catholic Theatre Movement as being wholly^ objectionable. Its characterization of the nation’s Navy personnel is Insulting to the members of this armed branch of defense and their families. “The dialog is crammed with ribald, lewd and blasphemous lan- guage. This type of entertainment, pawned off in the name of realism, should be resented by all right- thinking people. It is a challenge to the legion of men whose lives ‘Mr. Roberts* pretends to portray.. To support this type of entertain- ment evidences a degraded moral tone. This is an instance where the pledge of the Legion of Decency calls for Intelligent Implementa- tion.’* The suggestion of a boycott is the most drastic which the Albany Diocesan spokesmen have taken against a stage play in recent years, although it has several times been advanced on motion pictures. “Mr. Roberts,” which features Robert Ross, Rusty Lane and Lawrence Blyden, will play the Erie for four performances, at $3.60 top in the evening and $3 in the afternoon (Saturday). THEATRE ASSEMBLY SET DESPITE EQUITY STAND Despite a recommendation from Actors Equity Council that the project should be abandoned, plans for a National > Theatre Assembly, to discuss the expansion of the le^ gitimate theatre, - will probably be carried out. The conferences, at which 200 official delegates are ex- pected, will be held Jan. 2*4 at the Fulton theatre, N. Y. A representative of the Ameri- can National Theatre 6c Academy, which is sponsoring the Assembly, said yesterday (Tues.) that the Equity proposal to cancel the meet- ings had been received too late to be, practical, since plans are now too far advanced, with some dele- gates already here and others en route. According to Equity council members, it is Inappropriate to hold such a conference in view of President Truman’s declaration last week of the existence of a state of national emergency. Bad Breaks Pile Up On Pitt’s New Nixon Pittsburgh, Dec. 26i Bad breaks seem to be continuing for the town’s only legit site, the new Nixon, formerly the Senator, lor many years a film house which Was recohyerted this summer when the old Nixon was torn down. So. fnr, the theatre has had eight weeks since being launched, and half of them cairie during the long news- paper strike and were losers, while $10,000 had to be refused on the Lunts’ “I Know My Love” because of the big snow. -Now the houto is open again for Ainas week with the D’Oyly Carte Opera Co., after a dark fortnight, and looks almost certain to be shut- tered again for at least another two weeks and maybe three, due to can- eollations, “Rose Marie” was to have come in New Year’s but was yanked out, and “The Consul,” which was to have followea it, is folding because of poor bL oh the road. Only certainty thus far for January is “Mister Roberts,” Jan. 22. Charlotte Greenwood Hoi on AMutlng Pitco on Hor Logit 'CoRitbock* TlHed Never Stop Dancing *, *■ Ono of the Mohy Byline Fcoturet in the 45th Anniversary Number of OUT NEXT WEtlK 'World’ Cuts Reinsertio]^ Defiance Charge Denied “Out of This World,” which opened last Thursday (21) at the Century (N. Y.), suffered consider- able changes in Boston on orders of the assistant censor, Beatrice J. WheltOn, but was, reporteffiy played there in its unexpurgated form the last few performances at the Shubert. Hub city officials are understood to have been angered by the action, but upon the advice of a local pressagent decided not to condemn the show publicly, lest it merely create publicity for the Broadway engagement. Recording to a representative of producers Saint Subber and Lem- uel Ayers, no Important material objected to by the censor was put back in the show there. He indi- cated, however, that some of the scenes in question had been al- tered somewhat a few days before the Hub engagement closed, as the management wanted to be sure to have the performance running smoothly in time for the New York premiere. No defiance of the local authorities was involved, he said. Procedure is looked on as a fairly familiar story in the Hub, accord- ing to those in the trade. In the case of a regular touring show, it rarely occurs. But with tryouts, the deleted material is generally slated to go back in for the Broad- way presentation, so there have been numerous reported Incidents of the" management gradually changing the script, direction and costumes into their permanent form near the end of the Boston stand. Lawrence Langner, co-director of the Theatre Guild, and Jerome Whyte, musical production man- ager, plane to Kansas City next week to hold checkup' rehearsals and recast some minor parts in the touring “Oklahoma.” LA. WiU Vote On $35,000,000 Outlay For Op House, And. Los Angeles, Dec. 26. This town will spend $35,000,000 on a civic opera house, auditorium and exposition hall if the citizens vote that way at the primary elec- tion next April 3. City Council authorized two reso- lutions calling for bond Issues to cover the construction of a $10,000,- 000 opera house and a $25,000,000 auditorium-exhibition hall in the downtown area. In Sales to Fix Film sales of legit plays, which boomed during 1950 after being largely dormant for several sea- sons, have included an unusual number of percentage deals re- cently. Of 15 c 0 n t r a c t s set this year, seven involved a per- centage of the picture gross. One other deal, reportedly due to be closed shortly, is oh a similar ba- sis. More than twice as many sales have been registered in 1950 than in 1948 and 1949 combined, and a far greater share of them havei in- volved percentages. Although most of the deals set during 1950 have been for shows of previous seasons, at least five productions of the 195Q-51 season are regarded as likely to be told ultimately. They include “Affairs of State,” “Bell, Book and Candle,” “Country Girl” and “Guys and Dolls” and “Hilda Crane.’* Also, several current shows from previ- ous seasons are screen prospects, including ‘‘Gentlemen Prefer Blondes,’* “Happy Time,** “Kiss Me, Kate,** “Mister Roberts** and, if it ever becomes ^available, “South Pacific.** ‘ Plays sold thus far during 1950 include “Magnificent Yankee,** “O Mistress Mine,*’ “Look, Ma, I’m Dancin’,” “You Touched Me,” “Skipper Next to God,” “All You Need is One Good Break,” “The Privilege Car” (unprodUced), “At War with the Army,” “Montserrat,” “Goodbye, My Fancy,” “Come Back, Little Sheba,” “Me and Molly,” “Where’s Charley?,** “Clash by Night” and “The Man.” Increase in the number Of film deals has not yet brought any per- ceptible change in the legit produc- tion-financing setup pn Broadway. Producers and backers, who came more and more to discount the possibility of a picture deal in picking shows for legit presenta- tion, are apparently going along on the same basis. Fact that this atti- tude hasn’t changed may be due to the prevalence of percentage deals, which sound less spectacular than the large flat sums that were paid for screen rights some years ago. ‘Harvey’ Backers Suii$ Pemberton Withbeld Prolite ANTA f reildtnf Helen Hayes r«vi«ws,tlit fob of Hit American National Theotro and Acodcmy'i Job in Getting the l/.S. Public Back Into the Legit Habit * ♦ e .. r on Interoitlng editorial feoturO: In the 45th Anniversary Number of OUT NEXT WEEK ‘Charley’Seeks House For Return B’way Run Prior to Coast Dates “Where’s Charley?” which re- opened Monday night (25) in Bos- ton to strong reviews, may be brought; back to New York for a limited run prior to its Coast en- gagement in the spring. The move apparently depends on the avail- ability of a suitable Broadway the- atre. One Shubert house, cuirent- ly occupied, is figured a prospect unless the show now playing there makes a sharp recovery. If the large-capacity spot in question gets the nod, “Charley” may. have a pop-price scale for the return en- gagement. With Ray Bolger resuming as star, “Charley” is tentatively set for T run of four to six weeks. That would give it a more or less similar period unbooked before it jumps to the Coast to open March 19 under Los Angeles and San Francisco Civic Light Opera spon- sorship. A Chicago engagement is not figured feasible at present, but will probably tollow the Coast stands. The film version of the Frank Loesser musical is slated for pro- duction by Warner Bros, next sum- nfer, with Ray Bolger again in the star part. The dancer-comic has been with the show since its Broad- way opening in the fall of 1948, his withdrawal because of exhaus- tion having finally forced it to suspend its Broadway run early last fall. Bainter’s Stock‘Mine’ Phoenix, Dec. 26. Fay Bainter, Reginald Denny, Roddy McDowall and Ann Lee will play the principal parts in a re- vival of Terence Rattigan’s “O Mistress Mine” at the Sombrero Playhouse here, opening Jan. 9. OUT NEXT WEEK The 45th Anniversary Number 01 Fonns closing shortly Usnol Advertising rntes prevail Copy and space reservathns may be sent to any Variety office NEW YORK 1Y 154 W. 46th $t. HOLLYWOOD 28 6311 Yuicco St. CHICAGO 11 612 N. Michigan Ave* LONDOH. W. C. 2 8 St. Mortin'f Ploca Trafalgar Square Backers of Brock Pemberton’s production of “Harvey’* are suing the producer’s estate for $95,000 of undistributed profits from the play. Action was filed last Friday . (22) in N. Y. surrogate court, nam- ing the Chemical Bank & Trust Co., executor of the estate, as de- fendant. The suit is aimed to force distribution of the fund before the Government can take it as part of a claimed tax deficiency of around $300,000. The plaintiffs’ allegation is that the. $95,000, which was their share of the “Harvey”, profits, was never the producer’s property and Is thus not part of his estate. Tangled state of the late produc- er’s affairs stems directly from the Govemment'S tax claim. This in- volves a ruling that the, producer’s wife, Margaret, was not actually co-producer of his shows, aS he listed her in his Income tox re- turns, and was thus not-entitled to a full share of the management’s end of the profits. Treasury claims, covering several years, reportedly total about $300,000, which is more than the assets of the estate, : Bank Cautious Chemical Bank & Trust, which was appointed administrator of the estate after Pemberton’s desig- nated executor failed to qualify, has refused to distribute the $95,- 000 to the “Harvey” backers with- out some legal ruling that the coin is not part of the producer’s es- tate. Its position is that if the funds in question were ultimately deemed part of the estate, the bank might be held liable for the amount in payment of the Govern- ment’s tax claim. Under the informal letter of agreement between Pemberton and the backers, the precise distribu- tion of profits from “Harvey” were apparently not specified. The pro- duction was designated a “joint venture” and, following regular precedent in the trade, , profits were divided equally between the (Continued on page 45) BOOTH, JOHNSTON SEEN LEADS FOR‘BROOKLYN’ Shirley Booth and film-radio singer Johnnie Johnston are tenta- tively set for leading parts in “Brooklyn Story,” the musical ver- sion of “A Tree Grows in Brook- lyn.” The few dance numbers in the show will probably be staged by Herbert Ross, and the scenery is being designed by Jo Mielziner. Tryout engagements are "pencilled in for New Haven, starting March 19, and Boston for three weeks* bo- ginning March 26, With the Broad- way premiere listed for the week of April 16, at an unspecified theatre. Miss Booth, currently co-starred with Sidney Blackmer in the tour- ing “Come Back, Little Sheba,” Is reportedly set for the Abbott mu- sical, with Johnston listed as a possibility. Music for the show is being written by Arthur Schwartz, with lyrics by Dorothy Fields. Overall director will be Abbott, who has also collaborated with Betty Smith on the adaptation of her own novel. The production Is being financed at $20Q,000, of which about $50,000 is being supplied by CBS. Europe Tour in Pact Hitch Plans to send a company of “Anna Lucasta’* to Germany to appear before U. S. Army audl- ciicto and then on a commercial tour of the Continent and the Brit*^ ish provinces, have apparently been dropped. There is some ques- tion of who was to have produced the show, which was being re- hearsed at the 48th Street, N. Y. Since no bond had been posted and the actors were not under contract, Actors Equity halted the project. According to Equity officials, John Wildberg, the original ‘Lucasta”, producer and presenter of“Black Chlffoii,”. current oc- cupant of the 48th Street, told them that the Army had requested the show and he was nierely try- ing to help but; Investigation* by the union disclosed that Army of- ficers in Germany had okayed a tour of the show there, but it turned out that the War Dept, in Washington had not arranged for transportation.