Variety (April 1912)

10 VARIETY MARCUS LOEW BRINGS SUIT TO PROTE CT NAM E OF "LOEW" Asks Permanent Injunction Against Albert E. Lowe and "Lowe's 5th Ave. Theatre." Also Incidentally Furnishes Information Regarding the Loew Circuit Corporations and Theatres A summons and complaint has been served upon Albert E. Lowe, on be- half of Marcus Loew and the Loew cor- porations. It asks for Judgment re- straining Albert E. Lowe from the use of his name in connection with theatrical enterprises. Albert E. has conducted some "pop" vaudeville and moving picture places in Brooklyn. He i« about to open a new theatre at 6th avenue and 110th itreet, New York. The Supreme Court action is specifically aimed against permitting that house to be adver- tised as "Lowe's 6th Avenue theatre," or "Albert E. Lowe's 5th Avenue The- atre." The complaint alleges the Loew concerns have spent upwards of $200,- 000 in advertising the name of "Loew" (pronounced Low—as Lowe is also pronounced). Albert E. is said to have been engaged in the theatrical business two or three years. The case #111 be contested. The restraining order is asked for upon Judgment, the summons calling for an answer with- in twenty days. No temporary in- junction was served with the papers, although the new 5th avenue house is now billed in Harlem as "Lowe's #th Avenue." *ome particulars regarding the Marcus Loew Circuit are furniBhed in the complaint, which says Loews Theatrical Enterprises are capitalized at $5,000,000, with $3,160,000 of that issued and outstanding; Loew's Consol- idated Enterprises, capital $1,500,000 $1,350,000 outstanding; Monarch Amusement Co., capital. $6,000—$1.- 000 outstanding; Marcus Loew, Inc., capital $50,000—-$16,000 outstanding; Mascot Amusement Co., capital $50,- 000—$5,000 outstanding; People's Vaudeville Co., capital $150,000— $107,000 outstanding— International Vaudeville Co., capital $50,000—$30,- 000 outstanding; Borough Theatre Co., capital $35,000—all outstanding; Humanova Producing Co., capital $50,- 000—$16,000 outstanding. Besides these are the Delancey Amusement Co., Greeley Square Amusement Co., Loew Theatrical Co. «ind Marcus Loew Booking Agency. The complaint further states Marcua Loew is the president of all the cor- porations on the Loew "small time" vaudeville circuit, and that the fol- lowing theatres are operated by the corporations appearing in parentheses: Yorkville-National-Bljou (Brooklyn) (International Vaudeville Co.): Ameri- can Theatre-American Music Hall (Roof) (Borough Theatre Co.): New Rochelle (N. Y.) Theatre-Royal (Brooklyn) (Loew Amusement Co.): 7th Avenue (Marcus Loew, Inc.): Co- lumbia, Brooklyn (Monarch Amuse ment Co.): Circle (Mascot Amusement To); Delancey St. (Delancey Amuse- ment Co.); Greeley Square (Greeley Square Amusement Co.); Lincoln Square (Humanova Producing Co.); Herald Square (Loew's Consolidated Enterprises.) BANGOR'S NEW ONE OPENS. Bangor, Me., April 1?. Tomorrow (Thursday) is the date set for the opening of the new Bijou theatre here. It seats 1,400 and will play six acts booked from the Family Department (Lester D. Mayne) of the United Booking Offices, New York. The Bijou will play a full week. The Bangor Amusement Co. oper- ates the theatre. The company is composed of A. Paul Keith and E. F. Albee. HARD LUCK BOOKINGS. A little hard luck has been fol- lowing Fred De Bondy and the Fifth Avenue theatre. Brooklyn. The Fifth Avenue is on Fred's list at the Fami- ly Department of the United Booking Offices, where Mr. De Bondy is one of the booking boys. For the past two weeks, out of the five acts routed weekly for that house, three have informed De Bondy Mon- day morning they could not appear for one reason or another, usually ill- ness. The excuses are not under suspic- ion. It Just happens to be a run of those things that every booking man encounters now and then, though this is the record for one house. ANOTHER MOSS & BRILL'S. In addition to the houses mentioned in last week's Variety* Moss & Brill have purchased the site for another vaudeville theatre at 209-223 East 13th street. The property, 150x100, is occupied by houses now being torn down to accommodate. Mos6 & Brill expect to have the theatre completed by next fall. Mr. Moss continued the report or the purchase of the site (60x100) at 214 East 14th street (not 208-210, as reported). "POP' AFTER FIRST CLASS. Cincinnati, April 17. Keith's Columbia theatre is an- nouncing that after the close of the regular season, the house will change policy from first class vaudeville and two shows daily to the "pop" style with three shows a day. "PINAFORE" BY CHILDREN. Max Hart and "Lou" Wlswell have organized a cast of eighteen children to present in vaudeville a condensed version of "Pinafore," to run about thirty-flve minutes. JOB WOOD SELLING ACTS. "So help my Qod, if this Isn't the worst time of my existence. There just seems to be a hard luck streak that I have gotten Into, and can't get out of, but It won't last forever. Here I've got to go around selling acts like a clothing salesman, carrying my sam- ples with me. This biz is going on the bum for fair, and don't forget that, but I have to look out for the family, and as long as they are taken care of, I ain't worrying." So spake Joe Wood, the vaudeville agent, as he slammed down a bundle of photos on the iron safe of John, the Barber's, shop. "You can tell how I'm hustling," continued Joe. "See! There's a three days' beard on my face. They don't give you a chance to breathe. It's getting so a fellow will say, 'Come round to-night at half past eight'. Then you lose your sup- per, fret and stew, miss the shave, and when you get there at 8:30, he says, 'Too busy now to talk about that act. Call again to-morrow afternoon.' " "I carry these photos all the time. When I walk in I've got to do business like a drummer. 'Want a sister act?' says 1. 'Look there. A couple of peaches. See those legs and those costumes. A riot on any bill. Can't stop 'em. Get you that act for a hundred. If you don't like the price make me an offer.' "That's the way you've got to go after them nowadays. Or I will lay out a bunch of photos of a single wo- man. 'Look them over,' I tell them. 'Pretty swell dame, eh, on the pic- tures?' And some dresses, kid. She's got a voice, too. I'm bulling her along to keep her away from grand opera. She doesn't know how good she is. Give her a week at $50. You can't fall down with a gal like that. She'll draw money in after the first show.' "Well, of course, you know, that $50 doesn't always go, but you have got to ask. I might slip her in for thirty- five, or wait for an offer, but this kind of booking isn't like the old times. Now 1 must hustle all the time; out selling goods, me, Joe Wood, who if he hadn't been a good thing for everybody else would have been the biggest in the business now. "It's Just that hard luck streak. How long does that hang onto a fel- low, do you know? I've had it for two years now. But it's going to break, and when it does, look out, for Joey is going to tear things wide open. "Guess I'll slip along and try to put in a dancing team from the west. They want a try-out. I can get them forty. Two dollars commission, and run my legs off. Pretty tough slea- ding, but I ain't kicking. It's going to break, and pretty soon. Wait and see. If that act of mine would only work every week. One week and lay off one. Another week, and then lay off two. So help my God If this isn't a tough game." A baby boy has arrived at the home of Mr. and Mrs. Fred Jennings. WASHINGTON'S THEATRE. Washington, Pa., April 17. This town has a regular theatre. It will open May 15, with capacity of 1,500. The Globe Amusement Co. operates. The Aarons Associated Agency will book combinations into the Globe. THE WESTERN SITUATION. Chicago, Apri 17. C. E. Bray, general manager of the Western Vaudeville Managers' Asso- ciation, returned to Chicago last week after an extended trip through the northwest in company with hit book- ing manager, Kerry Meagher, and Ben Rosenthal, who is connected with the "Association's" Park and Fair Depart- ment. Rosenthal returned with Mr. Bray, Meagher remaining in the west. During the trip arrangements were made with a number of houses through which the "Association" will supply the attractions for the coming season, but as yet nothing definite has been settled nor any franchises signed up. Negotiations are pending between the "Association" and Ed. Fisher who maintains a small agency in Seattle, and it is possible the two agencies will get together and operate under a working agreement provided the "As- sociation" extends its holdings to the coast. Kerry Meagher is at present m San Francisco, where he will remain until sometime next month. While in the coast city, Meagher will arrange to open a branch office to which he will later return to take permanent charge. It was thought by many that Mr. Bray and Bert Levey would get to- gether while the former was on the coast, but the independent agent, prob- ably realizing that his identity would be buried were he to aniliate with the Eastern agency, sent out announce- ments that he would remain independ- ent. Because of this they did not meet. Incidentally, Bray's latest move car- ries a fight into the Sullivan-Consi- dine territory. If successful at all, it may be the means of several smaller affiliations on the coast. The local Considine office has been of late es- pecially active in the "Association's" field, both occasionaly picking one or more houses from the other agency, but with Bray advancing into the north- west, the Sullivan-Considine people may find it necessary to defend that section. The Pantages Agency does little or no booking outside of the circuit pro- per, but the Considine agency in both Seattle and San Francisco supply at- tractions for a great many houses in towns the S.-C. road shows do not visit. If Levey were to team up with the S. & C. people on the Coast and pro- tect that territory from the easteru people, California would be the scene of an interesting "small time" vaude- ville war. At present, however, Levey seems to have sufficient confidence in his own strength to battle alone. The coming summer may bring out inter- esting developments in the western territory provided the "Association" sticks to the field and keeps after what they want. Upon his return Mr. Bray Immedi- ately made a statement which sent tho much-discussed "black-list" a wander- ing. To a Variety representative, Bray stated that "acts working for the op- position would under no circumstances be given the same consideration ad those acts which were loyal to the "As- sociation,' " but, he added that a "blacklist" would not be established.