Variety (November 1954)

Wednesday, November 17, 1954 Can’t Peddle O.H. Name on Scripts Milton H. Gropper, who sued OsfcaH Hammerstein 2d about two years ago for a share of royalties on the claim of co-authoring “King and I,” has just lost a court mov£_ito be able to use Hammerstein’s name as co-author of other scripts h wants to sell* N, Y. Supreme Court Judge Aroij Steuer last week dismissed 4 Gropper motion, to can- cel an agreement that Hamrher- stein’s name could not be used in peddling the scripts. Case was an outgrowth of Crop- per’s suit for a slice of the “King and I” royalties* Hammerstein de- nied the co-authorship allegation in the Previous suit, asserting that Gropper had not collaborated with Richard Rogers and him in the authorship of th Click musical, adaption of Margaret Landon’s novel, “Anna and the King of Siam.” Hammerstein was said to have known Gropper for some years and to have befriended him at various times, but declared, that Gropper was not involved in the adaptation or preparation of “King arid I.” Nevertheless, he settled the Suit for $35,000, with! an agreement that Gropper Was to have full title: to two other scripts, but with the added stipulation .that Hammer- stein’s name could not be used as co-author or in any other manner publicly. Gropper: sought court action to rescind the agreement, claiming that, he had signed it under a mis- understanding. In tossing out the suit, the -court declared in part, “In making the settlement (of the previous suit) the plaintiff was. represented by very able counsel of. wide experience* “The settlement agreement, was in writing. It includes an affidavit by plaintiff that no representations (Continued on page 76) 3 Co-Producers Supplied 2 V/ 2 G of ‘Stone* Backing Henrietta Jacobson-Juli Ad-, ler production of “A Stone for Danny Fisher,;’ unlike most off- firbadway shows, was fihainced un 7 der a regular limited, partnership agreement. Leonard Kantor play was capitalized at $35,000, of which $21,500: was suppled by three of the four, general, partners* Other backers arid tiieir respec- tive investments include Arthur D. Gordon, $5,500; Joscnh J. Liebman, representing a syndicate, $7,500; and Dr. Stanley Fisher, $500. Be- sides Miss Jacobson and Adler, other general partners include at- torney Max Spivak and film exec Julius J. Block* Spivak has a $6,000 stake in the production, while Block’s invest- ment is included in the Liebman backing. Show is currently in its fifth week, at the downtown Na- tional Theatre, N. Y. mfffr Raze Garrick, St Louis; Old Legit-Opera House St. Louis, Nov. 16. The old Garrick, former, home of legit and grand opera, is being razed to make way for a parking lot. The 50-year-old downtown structure was built in the St. Louis world’s fair year at' a cost of $350,- 000, and leased to the Shubert or- ganization. For the first 15 years it was used/ for legit and grand opera, since which it has played burlesque, films and, more recent- ly, been dark. Regular legitery here is the American, with the Empress, play- ing^ stock. LEGITIMATE He’s Going Non-Union Actors Equity has, again with- drawn concessions granted touring companies sent out ;by, Stanley Woolf. Action followed Equity council study of operational figures submitted by the producer. . Woolf, whose troupes travel throughout the country under the banner of the Civic Drama Guild, had been permitted to pay a $90 minimum to actors instead of the regular $120 road scale, Stage managers, employed by him at the regular $175 minimum,/ were al- lowed to double as performers and no understudies were, required. Equity members, employed by Woolf, had registered several com- plaints against the producer last year, especially concerning a layoff during the Christmas period, dur- ing which salaries weren’t paid. Woolf, however, claims that several Equity performers have protested the union’s move, since he plans to go non-Equity if he’s unable to get back the concessions. CDG is currently touring “Four- poster;” with “Stalag 17” skedded for rehearsal soon and “Vagabond King” slated for January, Besides his cross-country tours, Woolf also Plays summer resorts with a num- ber of units. WITH 3 LEGIT SHOWS Jerome Lawrence and Robert E. Lee, best known radio-tv as writer-producers, may- have three concurrent legits this season, two bn Broadway- and one with Margo Jones’ Theatre '54 in Dallas. Two l ’e musicals, both adapted from Published works, and the straight Play (for Miss Jones) is based on the Scopes! “monkey” trial. .The musicals are “Shangri-La,” With James Hilton, the original novelist of “Lost Horizon,” debut- ing as a librettist and lyricist with Lawrence & Lee (music by Harry Warren). Courtney Burr and John Bryam will produce. Th other, “Miss Dilly,” is adapted from Theodore Pratt’s novel of the same name, and Ver- npn Duke is the composer here. Scratch in 3d Yr. “Seven Year Itch,” which reaches its second anniversary on Broad- way Saturday night (20), is still earning hefty profits. Meanwhile, Charles K. Feldman has put out a couple of feelers about the possi- bility of moving up the release date of his film version of the comedy before the contractual deadline, of the spring of 1956. As of Oct. 30, the Courtney Burr- Elliott Nugent production had earned 1 $619,527 net profit oh its $60,000 investment. Another $24,- 000 dividend has just been paid, bringing the total distributed profit to date to $55?,006. Remaining as- sets included $25,476 in bonds and deposits, $10,000 cash reserve and $11,045 available for distribution. For the four weeks ended Qct. 30,! the Broadway production grossed $88,031 and earned $14,137 profit, While the touring company grossed $81,746 and earned $7,407 profit. The $613,527 total net profit to date includes the income from the film deal, plus foreign royalty, share of souvenir program sales; etc. Boxoffice strength of the George Axelrod comedy has been demon- strated anew recently, not only by the attendance resurge since the gross ebbed to a low of about $13,- 000 last summer, but. by its ability to survive numerous cast replace- ments, including Nugent and. Sally Forrest as leads of the Broadway company, succeeding Tom Ewell and Vanessa Brown, and also in- volving several principals in the touring edition, of which Eddie Bracken is Star. Feldman’s screen version of the comedy, costarring Ewell and Mari- lyn Monroe, is currently in produc- tion on the Coast. With Miss Mon- roe figured an especially hot pox- office name just now, Feldman and 20th-Fox, which will release the film, have mentioned the possibil- ity to Burr of advancing tile release date. Burr’s and Nugent's reaction has been simple: They’re willing to discuss such a proposition, on the basis of additional payments from the. picture company. That answer has been. ' conversation-killer, however, and there the ‘'matter rests. I Stra#bridge Will Play Clare Tree Major Dates Edwin Strawbridge Productions will; play most of the dates lined up this season for the Clare Tree Major children's theatre. Miss Ma- jor died last Oct. 9, but arrange- ments for the switch were made during the early stage of her ill- ness. ./ Strawbridge organization, now in its 14th year, is the only Equity touring children’s- theatre.' Staff includes Larry Parke, director; Louis Kennel, designer, and Jan Hall, costumer. “Lafcadio’s Adventures,” adapt- ed by Arthur Wilmurt from the. French of Andre Gide, is slated for Broadway production next fall by Jerome Mayer and Irl Mowery. Play is described asf an ironical comedy, and calls for four male stars, plus various lesser male and femme players, Wilmurt adapted' 1 Andre Obey’s “Noah,” produced by Mayer in 1934-35. He also authored “Guest Room” and “Young Couple Want- ed.”;. -Mayer ahd Mowery were partnered in last season’s produc- tion of “Lullaby” and have an op-: tion on Arnold Sundgaard’s' “Kilgo Run,” which they tried out in stock early this fall and hope to do on Broadway this season if script re- visions are satisfactory and femme star can be signed. O.K. Export of Profits To American Backers Of London ’Trojan War’ Robert L. • Joseph, who plans a London production of “The Trojan War Will Not Be Fought,” has ar- ranged with the Bank of England to export profits from the show; It’s explained, that the arrange- ment does not constitute a prece- dent, as it has occasionally, been granted before, each case being de- cided on its merits. The Christopher Fry adaptation of Jean Giraudoux’ French com- edy, “La Guerre de Troie N’Aura Pas Lieu,” is being financed in the U. S., and under the coin-export permit the backers will be able to collect any returns earned. Joseph is co-producing the play with West End manager Stephen Mitchell. ! Project is being financed at $25,- 000, Michael Redgrave will star, with Broadway stager Harold Clur- mari slated to direct. Play’s pres- ent English! title will be changed. DALLAS FINALLY ACTS Ends Quarter-Century Talk to Build Downton Aud .. Dallas, Nov. 16. This city, after more than a quar- ter of a century of talking about it, will at last get a new downtown auditorium. City Council is asking contractors and suppliers tb submit construction and equipment bid by Dec. 17. Issue of $7,000,000 in bonds will pay for it. Dallas Memorial Auditorium: will seat 10,000, 7,600 in permanent seats and 2,400 in p&rtable. Three stories high and under a domed roof 300 feet. across^ there will be no supporting columns to obstruct view within the arena, , There will be convention building south of. the arena which will be 320 feet long and 128 feet wide and the equivalent of three stories in height. It will house : a lyceum or little theatre seating 1.750 persons. There will be a large foyer for convention registra- tions and 10 meeting .rooms seat- ing from 40 to 300 persons; The three largest can be thrown to- gether to seat.900. 2 Chi Stock Cos, Shutter As Fall Season Try Flops Chicago, Nov. 16. ■. Tw Chi-area legit operations, have just- folded because of. poor biz. Producer Hope Summers shut- tered the Showcase Theatre, Evans- ton, last Sunday (14) with the pro- duction of “Jane.” Sluggish box- office and the failure of a coiri- munity drive to garner reserve funds forced the closing. Final! blow was : a $3,000 backstage fire. The theatre.: has been operat- ing with a professional compahy the past two years. There is a pos- sibility it may be revived under a non-profit corporate setup. Meanwhile, Marshall Migatz broke off Nov. 6, midpoint in his projected six-week fall schedule at the Fox Valley Playhouse in St. Charles. Final bill was Marian Hopkins “Time of the Ciickoo,” third in a series of one-Weekefs. With the seasonal revival of legit activity in the Loop the Suburban theatre failed to ca’tch bn. Migatz also encountered considerable dif- ficulty in lining up stars because of competition from television.assign- ments. Judge’s Joke London, Nov. 16. In an action in Westminster: County Court last week, a legit touring manager alleged that costumes ordered for a pro- duction were so bad that part of the bill had to. be cancelled; The judge commented, “I see that the show was ‘Paris by Night.’ Couldn’t that be put on without costumes?” Harold Clurman has restaged “The Living R 001 ” opening to- night (Wed.) at the Henry Miller Theatre, N.Y. He reportedly took over from. Hugh Hunt during the out-of-town, tryout for a flat $2,000 feel It’s understood Hunt will re- tain program credit and will re- ceive regular royalties. Clurman was originally asked to O.o. the Graham Greene importa- tion during its Boston run by the star, Barbara Bel Geddes. She agreed to pay him $500 for sugges- tions about her performance. How- ever, Gilbert Miller, who's coi-pro- ducing the drama with Donald Al- bery, followed up with a request for Clurman to restage the entire presentation for the $2,000 fee. Audrey Hepburn had originally been sought for the starring, role, with Peter Glenville, who staged the London production', set to re- peat the stint here. Miss Hepburn bowed out, though, because she felt Glenville might expect her to dup- licate the characterization of Doro- thy Tutiri, star of the West End original, Miss Hepburn felt she would have to play the role in her way; Subsequently, Glenville also with- drewi and Miller engaged Hunt and Miss Bel Geddes as respective stager and star. SLATE PLAYS, COMPANY, MARGO’S THEATRE ’54 Dallas, Nov. 16. Margo Jones, currently preeming Albert Dickason’s “Marry - Go - Round” for three weeks, will pro- duce seven more tryouts and a; Shakespearean revival in her new 10th season at Theatre ’54 here. Sked includes “As You Like It,” Ndv. 29-Dec. 18; Andrew Rosen- thal’s “Red. Letter Day,’’ Dec. 20- Jan. 8; the Jerome Lawrence-Rob- ert E. Lee “Inherit the Wind,” Jan. 10-29; Edward Hunt’s “The Hem- lock Cup,” Jan. 31-Feb. 19, and Bernard C. Schoenfeld’s v “The Summer of Fancy Dress,” Feb. 21- March 12. The March 14-April 23 spot is still open, but “La Belle Lulu,” musical’ by Frederick Jackson and Charles Phillips is due April 25- May 14. Three weeks of repertory, May 16 : June 4, end the season. Company includes Juleen Comp- ton, John Bradford; Harry Berg- man, Kathleen Phelan*; Edward Cullen, James Field and Edwin Whitner with’ Doris Dudley, Louise Latham, Martha Bumpas and EVe- , lyn Bettis, resident distaffers, sup- plementing casts during the new I season. in ‘Joan’ Closing Chicago, Nov. 16. _ Closing of “Saint Joan’- in Chi- cago over the weekend short-cir- cuited a possible showdown in an unpublicized: cold. >yar waged here the last two. seasons by self-styled patriotic elements against touring legit shows. It's expected that, an attempt will now be made tb ob- scure the fact that the Producers Theatre production folded solely because of the illness of Jean Ar- thur, its star. Show’s original scheduled open- ing Nov. 8 w postponed shortly before curtain time,! when Miss Ar- thur was unable to go on because of a virus infection. She was under medical care during the week, and rehearsed with the company last Saturday (13) in preparation for a postponed opening last night (Mon.) at the Great Northern. Complications arose in the ac- tress’ condition, however, and her physician reported that she’d had an outbreak of hives, in addition to a partial setback in her virus infection. Upon his orders that she could not continue the “Joan” as- signment* the local engagement arid subsequent bookings were cancelled. It’s emphasized by the Show’s representatives that agita- tion and a picketing threat had nothing to. do with the folding. Due largely to the heretofore un- disclosed activities of a single in- dividual, specializing in unofficial loyalty screening of theatre per- sonalities, the Windy City the past 12 months gained the reputation along the legit grapevine as a “hot” town. Check of weekly grosses, of the several productions that hq.ve been under unpublicized attack here has shown no tangible ill-effect. ..But with hints of American Legion picketing, poison pen letters, threatening telephone Calls and even false fire alarms, Chicago visits have been anything but pleasant for cast members, man- (Continued on page 74) * . Mpls. Getting Twofers Instead of Promised Minneapolis, Nov. 16. Twb-fqr-one shows are appar- ently going to be the legit staple here this season, despite , the The- atre Guild’s original promise of seven subscription offerings. Lat- est bargain opus, set for Jan, 10 at the Lyceum, is something, titled “Models in Season,” being sent on tour by Morris Efron, It’s been scheduled by, the United Booking Office in New York. With “Picnic” as the only sub- scription Show so far, the Theatre Guild has slated a tryout, “Sailor's Delight,” with Eva Gabor, as a second item. It wanted to list “Moon. Is Blue” as another, but Lyceum manager Lowell Kaplan, refused to accept it as such, be- cause the comedy had played here previously. Except for “Picnic,” the-only other production to play here this season has been “Naughty Nata- lie,” a twofer farce that local, crit- ics roasted to a frazzle. Now “Sailor's Delight” arid the repeat “Moon Is Blue” are listed, and several more two-for-orie opera- tions are riiore. or less Visible on the horizon. “King and I” is prom- ised for after: its Chicago run, whenever that will be. But . all in all, that sevenrshow subscription target looks farther and farther away as the season nears the mid-point. .Meanwhile, murmurs* are already being heard from the 2,000-odd subscribers, at least some of whom signed in ex- pectation of getting “King and I” this season. Over Actor Employment London, Nov, 16. British .ActbrS’ Equity has called a. speciaVmembership meeting next Sunday (21) at the St. Martins Theatre to discuss the actor em- ployment situation. According to. a Leaflet advertising the meeting, the union will con- sider “the first scientific survey of employment and Unemployment for a full year.”