Variety (September 1911)

VARIBTY ii WHITE RATS APPEAR TO BE UND ER NEW CONDITIONS Resignation Withdrawn by Dennis F. O'Brien, with Other Changes, Indicates a New Policy and Oovernment in the Actors' Organization. The resignation of Denis F. O'Brien as attorney for the White Rats, which was to have taken effect In December, has been withdrawn. Mr. O'Brien will continue as the counsel to the actors' organization. It Is said that much pressure was brought to bear upon him to reconsider. Another change Indicating a new order of affairs In the government of the Rats Is the addition of Walter K. Hill to the staff of the Player. The engagement of Mr. Hill having been started and concluded while Harry Mountford, editor of the official organ, was abroad, it has been surmised that the Board of Directors has assumed a more direct control of the society's affairs than that Board has been wont to give in the past. Mr. Mountford returned to New York last Saturday, on the Philadel- phia, entering the port without osten- tation. When Mr. O'Brien tendered his re- signation to the White Rats, it was reported that he had done so through dissatisfaction with either the meth- ods employed or certain members. That to lose their tried and true at- torney would be a calamity was real- ized by the conservative element of the active Rats. Mr. O'Brien has devoted much of his time to the affairs of the order, and was acknowledged to be a Bound and conscientious adviser in the legal matters of the Rats, as well as upon other things consulted about. In fact, it has been said that had the Board of Directors called In Mr. O'Brien at all of its meeting (if he could have found time to attend them) many of the errors of judgment fallen into of late, would have been avoided. That Mr. O'Brien consented to with- draw his resignation is accepted as a positive indication that the matters bringing about his dissatisfaction have been remedied. Mr. Hill was first reported to have been appointed editor of the Player. At the White Rats headquarters, W. W. Waters, the secretary, told a Variety; representative Mr. Hill was simply a member of the staff "for the present." Walter K. Hill is a popular thea- trical newspaper man. He has been connected in responsible capacities *lth many of the theatrical trade pa- pers, having resigned as Variety's representative at Chicago last January to assume charge of the publicity de- partment of the C. B. Hodkina Lyric Circuit, with which he remained until °alled to the Player. At the O'Brien & Malevinsky offices *Variktv, representative was informed Mr. O'Rrien was on his vacation, and w ould not return until Sept. 5. His Position as counsel to the Rats is a Personal one, M. L. Malevinsky hav- ing associated himself with Mr. O'Brien after the latter had entered into a contract with the order, to legally rep- resent it. RATS GET DECISION. Judge BIschoff, in the Supreme Court last week, denied the motion made on behalf of Louis Eichwald in the form of mandamus proceedings, to oblige the White Rats Actors' Union to admit Eichwald to member- ship. A. F. Driscoll, of the Denis F. O'Brien & M. L. Malevinsky office argued the case for the Rats, con- tending that the corporation was a private body. Another point made by Mr. Driscoll that Mr. Eichwald, al- though claiming certain rights through the published "Open Door" or "90-day" pronunciamento of the Rats, had not first filed his applica- tion to be passed upon with the Ger- man branch of the order. The court said: If the respondent organization had obli- gated itself by its advertising- matter to ad- mit the relator to membership upon his ap- plication, the refusal so to admit him was simply a breach of an executory contract. Not being a member he has*>no standing to Invoke the remedy of mandtmus to adjust his rights within the corporation, and as one of the general public merely he cannot be heard, since refusal to give him membership Is not an act of discrimination against him in the course of a business conducted by a corporation having a public Interest to serve under the charter granted to it by the State. The case of Eichwald, a comedian playing in the German halls and clubs, dates back to when he was expelled from the Actor's Union. Eichwald claims he was unjustly expelled, and could never secure a rehearing. After- wards he formed the present German Lodge, which, upon becoming a part of the Actor's Union later, he also left. This is the German branch of the W. R. A. U. Mr. Driscoll referred to. When the "90-day" manifesto was published, which invited into the White Rats all variety actors, regard- less of past conditions, Eichwald ten- dered his application, with the initia- tion fee. These were returned to him. STARVING ACROBAT IN HOSPITAL The Vaudeville Managers Protec- tive Association, Tuesday, sent $25 to Harry Smirl, at the Flower Hospital. The acrobat had been removed there from Central Park, Sunday afternoon, where he was found in a famished condition. Smirl was formerly of Smlrl and Kessner (Rose), a vaude- ville act. He told the hospital peo- ple that reaching New York from Providence, and without funds, he sought the park. Mr. Smirl left the hospital Wednes- day. TIM CRONIN AT WORK. Tim Cronin reappeared in vaude- ville Monday at the Fifth Avenue. It is three years since Mr. Cronin stepped onto a vaudeville stage as a monologist, and eight years since last playing in New York, at B. F. Keith's Union Square. About three years ago, Mr. Cronin and the booking office managers had a falling out. It waa trifling, said Mr. Cronin to a Variety representative in his dressing room Monday evening, and was lately patched up when the United Booking offices sent for him, and offered him time for this soason. Mr. Cronin has been routed for about seventeen weeks in the east, at a weekly salary of $300. Having been active in the affairs of the White Rats, and especially aggressive during the stormy days of the two legisla- tive sessions, finally passing the "Agency Law," against which the managers were strongly opposed, Mr. Cronin was asked what he thought was the reason he had been given an engagement. "I'm sure I don't know," he replied "There was no politics in it. I told them plainly when they sent for me that there could be nothing like that." Mr. Cronin is a Democratic politic- ian of some renown in the 17th As- sembly District, New xork. His po- litical colleagues wanted to give "The Senator" a big send off Monday even- ing, but Mr. Cronin vetoed the plan. In the several cities in the east where he has been booked, said Mr. Cronin, he is well known politically, from the Mayor down, and should prove a strong local card. Mr. Cronin antici- pates that In the cities visited he will be called upon to make political speeches which won't do the theatre any harm. It Is not known whether the man- agers thought of this possibility, when contracting Mr. Cronin, who said the audience at the Fifth Ave- nue Monday afternoon was an alto- gether strange one, from his former days. "Everything has changed" said the monologlst. "New faces every- where, front and back. I'll have to get used to it all over again." Wednesday Mr. Cronin decided to withdraw from the stage until he had constructed a new act, when his book- ings will be resumed. Mr. Cronin was booked for Keith's, Philadelphia, next week. He will be replaced by James F. McDonald. Paul Durund is producing a new Hinging and dancing act, featuring Arthur Van, supported by four girls. It is now in rehearsal. A. DUNN AND M. MURRAY. The newest act of the few new for this vaudeville season is that now composed of Arthur Dunn and Marion Murray. Jack Levy will propel them onto the circuits under the caption of "Two Feet From Happiness." Mr. Dunn is the dlmlnuitive come- dian, formerly with Marie Glazier. Quite recently, Miss Glazier remarried Jack Glazier, from whom she had been legally separated for awhile. Following that disruption of the well known Dunn and Glazier combination, came the formation of the present turn. Miss Murray last season was starred in an Orpheum Circuit pro- duction. She is a stately handsome girl, with a delightful voice. FIRST STEP FAILS. (Special Cable to Vakikty.) London, Aug. 30. What may have been the first step taken to bring the larger circuits into one booking body was partially de- feated, when Walter De Frece, Alfred Butt, and their general booking man- ager, Paul Murray, upon being in- vited to take rooms in the Coliseum building (which house the offices of the Oswald Stoll-Walter Gibbons com- bination), declined the kindly offer. HAS YEAR'S ENGAGEMENT. (Special Cable to Variety,) London, Aug. 30. Ida Crlspi sailed Saturday for New York, to stay five days, returning here on the same boat. Miss Crlspi has entered into a contract with the Em- pire, London, for one year, to do char- acter dances in the ballet. MASS MEETING OVER SALARIES. (Special Cable to Variety.) London, Aug. 30. The Variety Artistes Federation in- tends holding a mass meeting to con- sider the reported arrangement the Variety Theatres Controlling Co. (Al- fred Butt-Walter De Frece) and the Moss' Empires have entered into, to keep down salaries of variety acts. SAGER MIDGELEY'S PRODUCTION Chicago, Aug. 30. Sager Midgeley will head an Or- pheum Circuit production, opening Sept. 4 at Winnipeg for a tour of the Orpheum houses. Two people will assist Mr. Midgeley in the act, named "Each Morning's Reflections." "COMING BACK** AT 80. Boston, Aug. 30. With eighty years looking light upon his silver threads, and after singing around the world, Sam Holdsworth is at Keith's, this week, as a "single turn." Mr. Holdsworth was placed in the program by Sam K Hodgdon, of the United Booking Offices. Mr. Holds- worth called at the New York offices the other day, and told Mr. Hodgdon all about the Orient, also about the Sullivan-Consldine Circuit he lately played. The 80-year old was of the Two Holdsworths, who appeared last about eight or ten years ago. His voice is still bird-like and the "come back" proposition looks as though it had tackled a tough proposition in the old fellow, who may give Mrs. Annie Yea- mans a big race for first honors on any of the "Oldtimers* Week" shows. RECORD SUNDAY SHOWS. The first Sunday in a very long while that the Fifth Avenue gave a program without "try outs" in it, was last Sunday, when the house held two record breaking audiences. Weather conditions favored good attendance, but the large box office receipts have clinched the decision of the manage- ment not to again allow new acts lc the regular weekly bill on the Sab- bath. Jules Moy, who arrived from Franco Saturday, will appear at the Foiled Bergere Sunday night. Moy is a French comedian.