Variety (July 1910)

VARIETY NEW AflENCY LAW MAKES "PERSONAL REPRESENTATIVES" Gov. Hughes Signs the "White Rats Bill." "Agents Ready to Continue Business Under New Title in Most Cases. The Monday newspapers of this week printed that Governor Hughes had signed the White Rats Agency Bill Sunday morning. Tuesday afternoon the agents booking through the United Booking Offices were called into the big agency. When retiring from the gathering they had become "Personal Representatives." It was ilso reported Wednesday that a number of these agents would return their licenses to the Commissioner of Licenses in New York, informing that official they were through agenting. One agent who, it is reported, did not attend the meeting, though booking through the United, is said to have dis- covered he could continue in his agency business without violating any section of the new law and without losing any part of his usual income. When asked, this particular agent admitted the fact, but declined to furnish the details. The "Personal Representative" idea, said to have been thought out by Mau- rice Goodman, the United's attorney, is reported to consist of an agreement by the act authorizing the "agent" to represent him, and this agreement is to be filed with the agency that the act is booked through. Commissioner Robinson has set 2 o'clock tjiis (Friday) afternoon and his own office, Chambers St. and Broadway, as the time and place of a general meet- ing for discussion of the new conditions. A lawyer told a Variety representa- tive this week that the agents who have been doing business with the United, or kindred agencies, have never been an employment agent in the strict in- terpretation of that term. An employ- ment agent is one who secures employ- ment, said the lawyer. The United, Morris office, Orpheum Circuit, Sulli-^ van-Considine office, I.nuis I'incus (l'«>r Pantages), Joe Wood, and those secur- ing engagements direct, are the real agents, who stand to the "outside agent" as the middle man. One United man said rliis* week there would be no change whatever in the course of its business. ' Tuesday the United had typewritten slips attached to all contracts, under which the act agreed to waive the provision of the Employment Agency Bill, which pro- vided for the contract to he submitted to the Commissioner of Licenses. One scheme proposed "to beat the law," but which was not employed, was that of the agent booking the act at a net price through the big agencies, the agent securing his commission upon the net figure. This in substance was to inform an act asking $200 that only $190, but "net," could be secured for it. Nothing will be done regarding the bill in the Orpheum offices before Mar- tin returns. The agency of the Or- pheum Circuit i^ legally known as the Central Promotion Co. The agency °f the William Morris, Inc., is William Morris, as an individ- ual. The Morris office books but little through outside agents. The foreign agents claim that either their acts are booked on the other side lor over here, or over here for Europe, with commission in the latter case gen- erally settled for abroad, and that as the bill affects only New York State, they do not come within the provisions of it. Monday the agents talked over the new law pro and con. Artists also greeted it with elation, though seem- ingly surprised when agents informed them that it affected the "outside agents" greatly. The general impres- sion among the artists seemed to have been that the passage of the bill would mostly affect the United Booking Offices. One artist thought the bill might be- come beneficial in time, provided every actor was competent to do business with a manager. Unless the act could bargain with the manager, he said, a cut in salary would surely follow. Several remarked the want of pro- , tection in the bill for the smaller acts, and it was .also said that some of the smaller agents might be driven out of business through it. The "small time" agencies with houses to book, and where the engage- ments are mostly made direct on the five per cent, charge, gave no concern to the law, which they said was being complied with. It is reported around that the pas- sage of the bill this session of the Leg- islature has cost the White Rats from $8,000 to $10,000. Last year, when the measure failed of becoming a law, the Rats filed a statement at Albany show- ing the expenditures to have been $5,000, making a total expense to the Rats of between $13,000 and $15,000. It was said by a United official this week that the United's statement to be sent to Albany, including the fee paid Henry \V. Taft, would be ,, around $1,300. Little was to be learned at the office of the New York License Commission- er early this week. Mr. Robinson an- nounced that he had made requisition on the Legislature at Albany for a cer- tified copy of the new law. As soon as that was in his hands he said he would scrvjc notice upon the various booking agencies, big and little, that they must submit a form of contract for his approval. This contract form will be submitted to the Corporation Counsel of New York, and if the latter declares it to be equitable it will re- ceive the sanction of the Commissioner. As to the possibility of an agent, whether formally licensed or not, seek- ing to eMape the exactions of tin- new law by declaring himself a inatiaLM-r • •r partner in an act booked, the coin missjoner expressed the opinion tenta- tively that such a change of front would be considered an evasion, and would be ineffective in escaping the obliga- tions of the newly enacted statute. Maurice Goodman, attorney for the United, was a caller at the office of the License Commissioner on Monday, but declined to make public his ideas. All he would say was: "You may rest assured that the United Booking Office will not violate the new law." As to any plans to cir- cumvent the new law the U. B. O. gen- eral counsel would have nothing to say. At the New York local of the Actors' Union this statement was given out by Harry DeVcaux, International Presi- dent: "The White Rat bill has been signed by Governor Hughes, and if it fulfils its purpose no one will be better satis- fied than myself. I did not aid in its passage, and I feel to-day as I did in opposing two of its sections—the emer- gency engagement clause and the writ of certiorari on contracts. With the elimination of these two clauses the measure would have been a perfect piece of legislation, and immediately upon it becoming a law the extortions, abuse and graft existing among theatri- cal agencies would have ceased. "Much energy, money and time have been spent in accomplishing the pas- sage of the measure. Jf the start I myself made in 1905 has borne fruit no one should be better pleased than my- self. My only regret is that I fear the really dangerous agent—the fellow who robs and cheats the smaller-salaried actor—will, under the emergency en- gagement clause, continue to misrep- resent and defraud, and will use this section to cover his misdeeds. "We can all tell better alter a few months of active operation, and then we shall know who was right and who was wrong. The actor got something. My regret is the small actor did not get enough." The important sections of the new law affecting theatricals arc: The term "theatrical employment agency" means and Includes the business of conducting an agency, bureau, office or any other place for the purpose of procuring or offering, promising or attempting to provide engagements for cir- cus, vaudeville, theatrical and other entertain- ments or exhibitions or performances, or of giving Information as to where such engage- ments may be procured or provided, whether such business Is conducted in a building, on the street or elsewhere. The term 'theatrical engagement" means and includes any engagement or employment of a person as an actor, performer or entertainer In a circus, vaudeville, theatrical and other entertainment, exhibition or performance. The term "emergency engagement" means and includes an engagement which has to be perfornn d within twenty-four hours from the time when the contract for such engagement Is made. The term "fee"' means and Includes nny money or other valuable consideration paid or promised to be paid for services, rendered or to be rendered by nny person conducting an em- ployment agency of nny kind under the pro- visions of this article. Such term includes any excess of money received by any such person over what has been paid out by him for the transportation, transfer of baggage or board and lodging for nny applicant for employment: such term nlso Includes the difference between the amount received by any such person who furnishes employees, performers or entertainers for circus, vaudeville, theatrical and other en- tertainments, exhibitions or performances, and the amount paid by him to the snld employees, performers or entertainers, whom he hires or provides for such entertainments, exhibitions or performances. An application for such license shall be made to the mayor or commissioner of licenses In ease su'li office shall have been established hh hen In provided. Such application shall be writ- ten nnd in the form prescribed by the mayor or commissioner of licenses, and shall stnte the n.nix ;md nddn ss of the applicant: the street. •iinl number of the building or place when- Mic business i« t<» he conducted: whether the applicant proposes to conduct a lodging house lor lip iiiMiiiploycd separate from the ag* n< y which In 1 proposes to conduct; the business or occupation engaged In by the applicant for nt leant »wo years Immediately preceding tho date of the application. Such application shall he accompanied by the affidavits of at least two reputable residents of the city to the effect thut the applicant Is a person of good moral character. Upon the receipt of an application for a li- cense the mayor or commissioner of licensee shall cause the name and address of the appli- cant, and the street and number of the place where tho agency is to be conducted, to be posted in a conspicuous place In his public office. The said mayor or commissioner of li- censes shall Investigate or cause to be investi- gated the character and responsibility of the applicant and shall examine or cause to be ex- amined the premises designated in such appli- cation as the place in which it Is proposed to conduct Buch agency. Any person may file, within one week nfter such application is so posted in the said office a written protest against the issuance of such license. Such protest shall be in writing and signed by the person filing the same or his authorized agent or attorney, and shall state reasons why the said license should not be granted. Upon the tiling of such protest the mayor or commis- sioner of licenses shall appoint a time and place for the hearing of such application, and shall give at least five days' notice of such time and place to the applicant and person filing such protest. The said mayor or com- missioner of licenses may administer oiths, subpoena witnesses and take testimony in re- spect to the matters contained in such applica- tion and protest or complalntB of any character for violations of this article, and may receive evidence in the form of affidavits pertaining to such matters. If It shall appear upon such hearing or from the inspection or examination made by the said mnyor or commissioner of licenses that the said protest is sustained or that the applicant la not a person of good char- acter, or that the place where such agency Is to be conducted is not a suitable place therefor, or that the applicant has not complied with the provisions of this article, the said application shall be denied and the license shall not be granted. Each application should be granted or refused within thirty days from the date of its filing. The license shall run to the first Tuesday of May next following the date thereof and no later, unless sooner revoked by the mayor or the commissioner of licenses. ©very person licensed under the provisions of this act to carry on the business of an em- ployment agency shall pay to the mayor or commissioner of license a license fee of twenty-five dollars before such license is Is- sued. He shall also deposit before such license is issued, with the commissioner of licenses, In every city where there is a commissioner of licenses, or clerk of the city, a bond In the sum of one thousand dollars with two or more sureties or a duly authorized surety company, to be approved by the mayor or the commis- sioner of licenses. The bond executed as provided in the pre- ceding subdivisions of this section shall be payable to the people of the city in which any such license Is Issued and shall be conditioned that the person applying for the license will comply with this article, and shall pay all damages occasioned to any person by reason of any misstatement, misrepresentation, fraud or deceit, or any unlawful act or commission of any licensed person, bis agents or employees, while acting within the scope of their employ- ment, made, committed or omitted in the busi- ness conducted under such license, or caused by any other violation of this article In carry- ing on the business for which such license is granted. All claims or suits brought In any. court against any licensed person may he brought In the name of the person damaged upon the bond deposited with city by such licensed per- son as provided In section one hundred and seventy-seven and may he transferred and as- signed. It shall be the duty of every licensed person except those conducting nurses' registries of agencies for the procuring of •oehn <al, clerical, sales or executive positions for men only, to keep a register, approved by the mayor or the commissioner of licenses, in which shall be entered in the English language the date of th? application for employment; the name and address of the applicant to whom employment is promised or offered, or to whom Information or assistance Is given In respect to such em- ployment; the amount of trie trr received, nnd whenever possible, the names and addresses of former employers or persons to whom such ap- plicant is known. If a person fails to receive employment in respect to which such informa- tion or assistance is given, the reason why such employment was not secured. If known, and the amount of fee returned shall he enter* d upon atich register. Sm-li licensed person, ex cept those above specified In this section, shall also enter In a separate register, approved by the mayor or eommlsslom r of licenses, in the English language, the name and address of every applicant accepted for help, the date of such application, kind of help n 'quest' d/ the names of the persons sent, with the designation of tho o'ne employed, the amount of the fee received nnd the rate of wages agreed upon. The aforesaid registers of applicants for em- ployment and for help shall be open during office hours to Inspection by the mnyor or com- missioner of licenses. Kvery licensed person conducting a theatrical employment agency, before making a theatrical engagement, except an emergency engagement, for any person with any applicant for services In nny such engagement shall require the ap- plicant to provide a written verified statement signed hy smh applicant or lis authorized agent B"tilng forth how long he has been en- gaged in the theatrical business. If such ap plieant Is a corporation such ^';it<■inent. shall set forth the names of its «>lTi< ■• rs and the |»llgtll of time sllcll nil pot :il inn . i M > I its officers li.ive It. eii engagi d lii the Hi-mi ; il loislness, mid the amount <<f iln paid up • tpiinl stork. The statement of uny um u applicnnt shall state whether or nrn he ti'c. fall"l to pay salaries of \i '.intli-'O I i'| p'lKff .'1 t