Variety (April 1911)

14 VARIETY "SPECS" WORKING BY CONSENT. Supreme Court Justice Newburger in Special Term, Part II, Tuesday, held that the ordinance passed by the Board of Aldermen prohibiting ticket specu- lating in the streets was valid and not a violation of anybody's constitutional rights. This decision was handed down in the test case brought on be- half of John B. Lange, who was held by a magistrate and released under a writ of habeas corpus. Dismissing the writ the court said: "It must be held that the ordinance complained of was within the powers of the Board of Aldermen, and that the arrest of the defendant was jus- tified." Proceeding further Justice Newburger said: "It is apparent that the control of the streets, and the adoption of rea- sonable regulations as tcf traffic there- on, and the use of the sidewalks by foot passengers, is within the powers of the Board of Aldermen of this city. "The ordinance is not unreasonable, oppressive or in contravention of com- mon right. Broadway is an important thoroughfare, it is crowded at all hours, and the effect of selling tickets on the sidewalk might be to collect crowds and thus to interfere with the use of the sidewalks by the public and lead to disorder. Nor does the ordi- nance deprive any citizen of the right of earning his livelihood in a lawful manner, as is contended by the peti- tioner. "It simply prohibits the party from selling tickets on the streets in front of any licensed theatre or place cf amusement. He may sell his tickets in any store, office, and to any person, but not on the street in front of a li- censed theatre." The speculators are operating as heretofore for the time being, under an agreement between the Corporation Counsel and their attorney for two reasons. Their attorney, Louis Mar- shall, complained th:it the speculators had invested large sums of money in advance for the tickets on hand and an abrupt termination of activities would entail serious and unnecessary financial loss to them. It has also been agreed that the operation of the new ordinance will not be put into ef- fect until a decision has been renderel in the case of the Fifth Avenue omni- buses, which was brought to question the right of the Board of Aldermen to ordar the withdrawal of all advertis- ing s'gns from the 'buses. Maurice B. Kirby, a well known newspaper man, playwright and the- atrical advance agent, died Monday night at a private sanitarium on West 63d street, as a result of a fall on the stairs of the 96th street Subway sta- tion Thursday (March 23). Kirby was found unconscious at the foot of the stairs and taken to the J. Hood Wright Hospital with a fractured skull. As soon as Henry W. Savage, in whose employ Kirby has been for the past three years, heard of the ac- cident, he had the victim transferred to a private hospital and everything possible was done to make things easy. He never rallied. The de- ceased was born in Washington and graduated from Georgetown univer- sity. He leaves a widow and one child. MANAGERS TAKE IN RINGUNGS. The Vaudeville Managers' Protec- tive Association held two meetings this week. The first was a confer- ence by the board of directors, who met Tuesday afternoon in the Long Acre building. The meeting adjourned at 7 p. m. A general meeting of the members was held yesterday (Thursday), when the Hingling Brothers were admitted to membership. Other circus own- ers and managers will become mem- bers, it was said, giving the associa- tion *a representation in vaudeville, musical comedy, burlesque, and among the tented organizations. At the meeting last week the Eastern and Western Burlesque Wheels became of membership, through' representation. Sam A. Scribner appears for the East- ern Wheel; Herman Fehr for the Western. It was decided by the directors to issue a statement in the form of an advertisement, to appear in the the- atrical papers. The statement is to be prepared, and will probably list all the members, with the houses or shows under their control. It was also re- solved that the board of directors should be increased in number. The commencement of a "black- list" to contain the names of all ar- tists who "walk out" of a theatre was somewhat amplified in its intent by the decision to insert a clause in all contracts issued by a member of the V. M. P. A. to the effect that a wil- ful breach of contract by the artist will carry with it an automatic can- cellation of all other contracts which may have been issued to the artist or act by Association members. A printed circular is to be gotten up, and placed in the dressing rooms of all theatres which the Association represents. The circular will advise as to the purposes of the Association. It is to be very plain and explicit in its language, it is said. MABEL CAREW. E. B. Chadsey, a pioneer in the moving picture show business died suddenly at Los Angeles last week. The deceased was interested In various picture enterprises which extended from New York to Kansas City. He Is survived by a widow, who will as- sume charge of his affairs for the present. SELLS OUT FOR $50,000. Seattle, March 27. Peter Geurtz, resident manager of the Odeon and Lyceum theatres, in Alaska, and a heavy stockholder in the People's Amusement Co. of Port- land, has sold all his theatrical hold- ings. $50,000 is the reported amount received for his Amusement Co. shares. Geurtz intends opening the largest picture theatre in the North- west at Portland. TRYING OUT STOCK. Montreal, March 29. Clark Brown, general manager of the Canadian circuit of first class vaudeville houses, has decided upon an experiment of stock for two of the theatres. The stock policy has not before been attempted. The Dominion, Ottawa, starts April 24; Orpheum, Montreal, May 1. "The Girl of the Golden West" will be the initial stock production at each house. SALARY TIME SKIPPED. Philadelphia, March 29. H. Bart McHugh, the vaudeville agent of this city, has instituted legal proceedings against George Pins, man- ager of the Family theatre, Chester, Pa., to recover salaries due several acts booked there last week. It is charged that Pins decamped last Saturday night taking with him the receipts. He paid all the house employes, but left no salaries for the acts then playing. The acts losing were Higgins, Phelps and Kelly Co.; Morgan Brothers; Bond and Barton. The first named act played the full week and received part of the money due them. ON AND OFF WITH BOOKINGS. Philadelphia, March 29. The Moving Picture Company's bookings have flopped again. This is growing into a habit, but it is ex- pected that some sort of an arrange- ment will be made soon so that the managers of the Victoria, Palace, Great Northern and Auditorium will know where the acts are coming from. Joe Schenck furnished the acts this week from the Loew office, excepting at the Auditorium, but it was an- nounced Tuesday that Bart McHugh would again handle the bookings be- ginning next week. It is said there was some sort of a hitch over the ar- rangements which took the bookings from McHugh to Loew. General Manager Brock has with- drawn his resignation and will remain with the M. P. Co. In the same capac- ity. Myrtle Sehvyn has been granted a divorce by the Circuit Court of Illi- nois from her husband, Chas. H. Edler. The mother of Mrs. W. E. Whittle, wife of the ventriloquist, died at Old- ham, England, March 8. The mother of Dave Wallace (of the Banjophlends, died last week at Ben- sonhurst. John Flo< il, of the Four Floods, died at Waterbury, Ct., recently fol- lowing an operation. The body was taken to Muskegon, Mich., for inter- ment, WINTER GARDEN'S EXPENSIVE The new Winter Garden will have to play to big business to return the investment. It has a salary list ag- gregating $13,000 a week, embracing such figures as the following: Kitty Gordon, $1,000 (commencing Feb. 1); Mizzl Hajos, $350 (also com- mencing that date); Dazie, $500 (and assuming the salary of her assistants), Josephine Jacoby, $500; Tortajada, $400 (she returns in a week to Eu- rope; ) Ray Cox, Dorothy Jardon, Harry Fisher, Edgar Atchison Ely and Stella Mayhew, Al Jolson and Jean Alwyn draw between them $2,600 weekly. A number of the chorus or "show girls" are receiving $50, $60 and $75 a week. Including the Sunday night con- certs the house can hold between $27,- 000 and $28,000 a week, at the pres- ent scale of prices. Some radical changes are in course of making at the Winter Garden— that is with the entertainment pro- vided. The Chinese opera which opens the show is to be withdrawn; Torta- jada will "sleep in the valley, by re- quest," and one or two other features will drop out of the bill. This will necessitate the addition of some new turns. It is the policy of the manage- ment to keep constantly adding new stars from the vaudeville and musical comedy firmament. Harry Fox and the Mlllership Sisters may go in the bill. All acts are to play from four to eight weeks. Al Jolson has engaged passage to Europe, sailing May 31. There is said to be a feeling of any- thing but cordiality between the Shu- berts and Lew Fields, due to Fields' withdrawal from the new Winter Gar- den enterprise. Ordinarily Fields was to be heavily interested, and, accord- ing to the story, Felix Isman, who is the financial mainstay of the Fields end, failed to produce. Fields seemed to think that the Shuberts should have carried him, but the Shuberts could not quite see it in that light. When the time came for casting the new piece at the "continental musical hall," the management felt that the services of George Monroe would be desirable, and endeavored to transfer him from Lew Fields' direction. Fields refused, and Monroe remained loyal. Ray Cox Is temporarily out of the Winter Garden production. She re- tired Sunday night, and underwent an operation on her throat Monday morning. A slight growth was re- moved from her vocal chords, which was of a formation rare in medicine. Writing of her disability Miss Cox said: "I have not uttered a sound sin*-e the operation and may not for another twenty-four hours. Can you fancy the joy that reigns in the bosom of my family?" Miss Cox expects to return to the cast next week, but will leave the heavier portion of her specialty work alone for a while. Harry Marpole, aged r>2, formerly business agent of the I. A. T. S. K., died at his home In Philadelphia, lie was buried there and the stase hands of every theatre In that city were rep- resented and sent floral pieces. The deceased was employed at the Na- tional theatre.