Variety (January 1911)

VARIETY ALL CHARGES AGAINST THE UNITED OFFICE S DISMISSED Close of Case Develops Into a Noisy Finish. Commis- sioner Refuses a Rehearing Replete with dramatic incident was the last of the hearings before the Commissioner of Licenses regarding the charges of the White Rats against the United Booking Offices. The two charges against the agency remaining after the commissioner had dismissed the other thirteen last week were thrown out last Wednesday af- ter the White Rats refused to proceed under them. From the time that the hearing opened it seemed as though there were going to be "big doings." Al- most a score of White Rats were pres- ent, including the assistant secretary John Hill, and Tim Cronin. The latter was very much excited, and on several occasions had to be calmed by the po- lice officer on duty in the commission- er's office. The close of the hearing found Cro- nin on the floor proclaiming to all present that the proceedings had not been "on the level." He was again quieted by the officer and left the of- fice. The attorneys also had a little set-to that consisted mainly of words, after the hearing. It seemed that a general "tip" had gone out to the big dailies that the United was to lose its license. When the reporters ar- rived they discovered the "tip" had bfon misleading. The proceedings were opened by the Rats' attorney who read a letter to the commissioner in which there was a veiled threat that if he did not reconsider the decision handed down in this case last week, the case would be taken before Mayor Gaynor. At the close of the letter, the Rat attorney cited a case in the Bureau Of Weights and Measures as an Instance in describing the method of proceed- ure which the commissioner should follow. To this comparison, the com- missioner later took exception. The speech, made by M. L. Male- vinsky, including the reading of the letter, in behalf of the motion to re- open the hearing'and with a view to gain the admission of the sections of the complaint which were thrown out by the commissioner's decision last week, lasted for very nearly an hour. Mr. Malevinsky also read a latter i^trarding the "Black List," in an at- tempt to prove that that was in ex- istence. The letter he read was from the office of M. S. Bentham to an act in which it was stated that as the act was on the "Black List" there was nothing he could do in its behalf. Maurice Goodman, for the United, ob- jected to the admission of this letter on the record of the hearing and he was sustained by the commissioner. Mr. Malevinsky also read section No. 191 of the Employment Agency Law to the commissioner and empha- sized certain sentences which refer to the duties of the functionary occu- pying the office of Commissioner of Li- censes. At the conclusion of the speech by Mr. Malevinsky, Mr. Goodman took the floor and stated that he had at- tended the hearing under the impres- sion that Mr. Malevinsky was to make an argument on behalf of the motion for a rehearing, but that as the White Rats' attorney had not done so, he (Goodman) saw no occasion to an- swer. It was then the commissioner, Her- man Robinson, made a rather spirited speech, in which he denied the mo- tion for a rehearing. The commissioner N 8tated he had sent letters to a number of acts sev- eral months ago in an endeavor to obtain evidence against various man- agers and agents, several of the acts that he addressed he knew to be White Rats, but that replies were not forth- coming. He also said White Rats were responsible for the passing of the law regarding employment agencies which is at present in force, and that he be- lieved that there should be some loyal members of the organization who should come forward and acquaint his office with sufficient facts to pro- ceed against agents who were violating the law. He regretted that this was not a fact, also stating that he took exception to the statement that the Rats were a secret order when it came down to enforcing the laws which they were responsible for. Mr. Goodman then moved that the case be continued and that the Com- missioner proceed to take evidence on the two charges that remained in the complaint of the Rats. This the at- torneys for the Rats refused to do, Mr. Malevinsky stating that he felt the commissioner had prejudged the case as far as financial statements of the responsibility of various house managers were concerned, and that the issue was quite trivial. For the statement regarding the prejudging of a case the commissioner berated the Rats* attorney. After the lawyers for the White Rats refused to proceed with the case the Commissioner dismissed all charges pending against the booking office. The notice of application for a re- hearing read as follows: The complainants would respectfully show that the Commissioner has misunderstood and misconceived his province and his duty In re- spect fo the charge* that have been prefeired by the complainant* and that are at present before the Commissioner for hearing That the complaint as filed and the bill of particulars as furnished, reference to which Is made In the letter and notice of the Commis- sioner dntrd December 20. 1910. present facts sufficient to defend Itself as required by Sec- tion l'.M of the Law. That said complaint and bill of particulars present a concise statement of facts presenting the charges upon which the complainants seek to have reanondenfs license cancelled and re- voked, and that the charces a<* contained In the complaint and bill of particulars are suffi- ciently specific to demand and require that the foinml^loner henr nnd entertain proof In sup- port of said charces. "SMALL TIME" BLACKLIST. Philadelphia, Jan. 6. Considerable agitation has been caused among the small time agents and artists by the report that com- mencing with the first of the year the Family Department of the United in- tended to rigidly enforce the "black- list" and that any act playing any of the small time houses in towns having houses booked through the United, would not be allowed to play any of the small time houses booked through the Family Department or any of its branch offices. Just how far or widespreading this edict would become is the question that is bothering the small time acts. Up to the present time very little no- vice has been taken of acts playing •>ther theatres in this city after or be- fore playing the house booked through Charles J. Kraus, the booking agent whose office is affiliated with the Uni- ted and who supplies acts for a large number of small time houses in Phil- adelphia and vicinity. Mr. Kraus was asked how much truth there was in the reports, and stated that whatever action was taken in the matter would come through the head of the department. He did not care to say anything further. There has been considerable feeling among some of the booking agents in this city and several times acts have been "pulled out," offices other than the one connected with the United being charged with the responsibility. In one case it has been emphatically stated by a manager of a house secur- ing his acts through the United, that under no circumstances would a turn working other time be booked. PHILADELPHIA AGENCY CASE. Philadelphia, Jan. 5. Miss Green of Green and Green has preferred charges against F. G. Nix- on-Nirdlinger before the License Bu- reau. The woman is married. She is said to have been induced to make the charges, which are that the agent- manager made insulting proposals to her in his office. At the hearing Miss Green admit- ted she had called at the office sev- eral times after the alleged occurrence and gave as her reason for returning there that the act needed work. The License Bureau decided that before a complaint could be enter- tained, it would be necessary for Miss Green to prosecute Mr. Nixon-Nird- linger and prove her case before a proper tribunal. An outcome of the matter is a slan- der suit for $r>,000, brought by Nix- on-Nirdlinger against one Will S. Beecher, who claimed that he was a representative of the White Rats of America, and stated the Nixon-Nird- linger Agency was being improperly conductel. For this statement the slander suit was started. SMALL TIME CROWDED OUT. Chicago, Jan. 6. Several of the "small timers" here which have been booking through Frank Q. Doyle and Ed. Lang have decided to give up the fight, turning to pictures exclusively. The first house to break away will be the Lyceum, on 31st street, which will start pictures next week. From present indications several others may also flop then. Managers and agents arc very much disturbed over the outlook. The reason for the change is laid to the overcrowded "small time" field here. Delro is able to be outdoors, but unable to fulfill any of bis vaudeville engagements. K.-IVS PRICES UP. Another change in prices has been made at Keith and Proctor's Bijou Dream theatre on 14th street. The range now runs from 16 to 35 cts. Just before election the admission fee was tilted from ten centB to fifteen and twenty with twenty-five cents de- manded for the boxes. TWO CLOSE IN PITTSBURG. Pittsburg, Jan. 5. The McGuinness Bros, and the Six Juggling Blossoms (girls) closed with "The Serenaders" at the Gayety last Saturday, returning to New York Monday. The Columbia Comedy Four and "Venus on Wheels" opened with the Jack Singer troupe at Cleveland, Jan. 2. Emmett Weedon joined the show here, going ahead. Arthur Rosen- berger is now back with the troupe. Rosenberger was formerly treasurer at the Empire, Toledo. 26-CENT MATINEES HELP. St. Louis, Jan. 5. The inauguration of 25-cent mati- nees at the Princess have proven the most popular innovation of the sea- son and the lower floor is sold out at every performance Christmas week and so far this week. The Princess will show a big profit for its initial year, Manager Dan Fishell, says. M PAYTON LIKES •4»OIV The report is about that with the Introduction of "pop" vaudeville un- der Corse Payton's management into the Bijou, Brooklyn, that Mr. Payton has grown fond of the entertainment himself. So much so, it is said, that Mr. Payton is thinking of going out after the "pop" thing on an elaborate scale, to vie with some of the larger small time circuits now established. One of England's favorite musical comedy stars. LULU VALLI SHE SINGS SONGS. Invites managers and rents to nee and hear her at Kelth-ProcK < Fifth Avenue Theatre Sunday (Jan. Mj. Direction of PAT CASEY anu WILLIAM L. LYKENS.