Variety (June 1912)

VARIETY AGENCY LAW DECISION ALLOWS BROAD LINE OF TESTIMONY Appellate Term Reverses Judgment in "Agent-Man- ager " Action, and Says Proof to Show Subterfuge of the Agency Law Should Have Been Permitted in Evidence. An Important Opinion. The Appellate Term of the New York Supreme Court Monday gave a decision in the case of Joe Meyers against Walton and Irving that places the Agency Law under another light. In the opinion, written by Justice Irving Lehman, the judgment award- ed Meyers in a lower court is set aside and a new trial ordered, where it will be allowable for the defense to introduce testimony tending to prove that Meyers in acting as a "manager" was attempting a subter- fuge to avoid the provisions of the Agency Law. About $300 is involved in this par- ticular case, although it is the princi- ple of law that has the most weight. O'Brien & Malevinsky are the act's (Walton and Irving) attorney, with Arthur P. Driscoll of the firm appear- ing. Edward Potter represented Mey- ers. It is reported Mr. Potter intends appealing to the Appellate Division. The case reversed is similar to that of Joe Meyers vs. The Great Howard, where the agent secured a judgment against the ventriloquist for about $1,200 on a "manager's agreement." In this the act agreed to pay the "manager" a certain Bum weekly. Howard afterwards changed repre- sentative, whereupon Meyers sued him and recovered. In the opinion of the Appellate Term Judge Lehman said: The plaintiff sues for services which he claims he rendered to the defendant" as their manager.'under a contract calling for a compensation of Ave per cent, of any sal- ary received by the defendants for the per- formance of a vaudeville skrt-h. The con- tract Is in writing and purparts to employ the plaintiff as manager. The defendants, however, claim that the plaintiff was merely a booking or employment agent; that the services which the plantlff rendered, or was expected to render, were services as a booking agent and that the contract employ- ing the plaintiff as their agent was a Hubterfuge for the purpose of avoiding the provlHlons of Chapter 700 of the Laws of 1010, requiring all theatrical employm \it agencies to be licensed and to be conducted Hubject to certain restrictions. Defendants offered evidence sufficient to raise a ques- tion of fact upon the Issue tendered, but the trial Justice directed a verdict, appar- ently holding that the statute merely im- posed a penalty for doing business excrpi oh therein provided, but did not render con- tract made by an employment agent acting without a license unenforcible against the party dealing with him when fully performed on hlH part. The trial Justice relied upon the • ase of Cody vs. Dcmpsey, JJfl A. I). IHfi. but I do not think that this Is any authority for thlH projWHltlon. • • • Judgment should be reversed and a new trial ordered with cos is to applicant to abide the event. DOROTHY GOT THE EVIDENCE. Dorothy Rogers has served divorce papers on her husband, Harry Rogers, the English character comedian, from whom she has been separated for a number of years. For a long time Dorothy has been trailing him. Finally she applied for and secured a warrant for his arrest for abandonment, although she had many years ago signed a duly attest- ed separation agreement, receiving $500 as consideration. Armed with the warrant, she accompanied the officer, who served it at 6 a. m., Tues- day, at the home of Rogers, where she secured sufficient evidence on which to base her divorce action. WANT A LITTLE "SHAVE." The United Booking Office's Park and Fair Department room on the fifth floor of the Putnam Building is for rent. A sign in the booking agency upstairs tells that commodious quarters including office furniture may be secured upon application. The rental for the fifth floor room is $800 yearly. To sublease it the United is only asking $1,000, proba- bly wanting the extra $200 each year ror the trouble of collecting the .rent. The Department will move upstairs if vacating below. RATS HAVE ANOTHER CHANGE. When the committee from the Cen- tral Federated Labor Union got to- gether May 23 to hear what the heads of the White Rats Actors' Union had to say regarding their side of the ex- pulsion of Harry DeVeaux from that body, none of the Rats showed up, although the committee received a written communication from Secre- tary W. W. Waters. The missive stated Inasmuch as De- Veaux was an expelled member of the union and that according to the by- laws and constitution of the labor or- ganisation, he cannot be recognized any further by the union. The committee decided to give tho Rats one more chance to rebut before the members make a final report to the American Federation of Labor on their investigation of the DeVeaux matter. Today (Friday, May 31) at 210 Fifth street is the final meeting for the Rats officers to submit their voice in the matter. Whether they appear or not the committee will continue its report. DeVeaux and witnesses for his side have been heard by the committee. PAULINE BEATS MORRIS. In the Supreme Court Tuesday, Pauline, the hypnotist, recovered judgment against William Morris, Inc., for $16,000, the amount claimed under a breach of contract. The action dated back from the time William Morris operated an "opposi- tion" vaudeville circuit and engaged Pauline at a large salary. The suit was assumed by the Loew-Isman deal, which took over the Incorporat- ed Morris concern. E. Ludwig, at- torney for the Loew companies, ap- peared for the defense; O'Brien & Malevinsky represented Pauline. STENOG. TURNS ACT-RESS. Chicago, May 29. Sadie Kussell, formerly a stenog- rapher in the Norman Frledenwald agency, is now a member of the "Within the Law" cast. Miss Kussell has started her ar- tistic career rather modestly, her sole duties with the Brady show being to announce the arrival of someone. As a stage maid she does nicely. SCHENCK-BROWN AUTO RACE. When Joseph Schenck and Chris Brown motored to Brighton Beach last week with a party of booking agents, both men waxed hot over the respec- tive merits of their cars with the re- sult that each wagered $500 his ma- chine was faster than the other's. Next Sunday, Schenck in his Lozier, and Brown seated in a Matteson, will race ten miles over the Vanderbllt Cup Course. Just whera the bets were posted is not known. PICKING WINTER QUARTERS. Terre Haute, May 29. The Ringling Bros. Circus may winter at Terre Haute fair grounds. Charles C. Wilson notified Mayor Ger- hard t he expects to come here shortly to inspect the grounds under consid- eration. It has been reported the circus would leave its Baraboo (Wis.) winter quarters for Bridgeport, Conn., where the Barnum-Bailey shows lays off in cold weather. BILLIE REEVES GOING HOME. All offers made to Billie Reeves, "The Original Drunk," were passed up by him before Mr. Reeves got on the Adriatic yesterday (Thursday) for a trip to his English home. The "Drunk" will rest over the summer, returning in the fall with a vaudeville act of his own. NEEDED THE POLICE. (Special Cable to Variety.) London, May 29. The Canterbury is on its last legs. Monday business was so bad the police and janitors were sent out to bring people in free of cost. STOLL LEAVING MIDDLESEX? (Special Cable to Variety.) London, May 20. "The Saughran" has been revived at the Middlesex. It is rumored that Oswald Stoll is leaving that hall. MIDGETS IN DIVORCE COURT. Nashville, May 29. Katie Mai Williams, a midget, two inches shorter in height than her husband, Willie Priestly Williams, in- stituted divorce proceedings here last week against the latter, charging de- sertion and extreme cruelty on her husband's part. She is 18, the husband 34. They were married in November, 1911. In the complaint she says Williams often struck her and at one time when she asked him to rinse out a shirt, he flew into a rage and then deserted her. SHARP AND TUREK, SUCCESS. (Special Cable to Variety.) London, May 29. Sharp and Turek opened at Fins- bury Park Monday and are a success. SUBURBAN OPPOSITION. New Rochelle, N. Y., May 29. Opposition in "small time" vaude- ville has cropped up in this suburban village. Loew'8 theatre is now op- posed by the Little theatre, whicn plays a three-act bill on a split, with Klnemacolor pictures, for 25-35. The Little theatre is managed by Archie Selwyn and Mike Simon. Every Saturday is feature night. Last Saturday Charles J. Ross acted as an- nouncer, and did a turn. Other feature numbers in the lengthy bar- gain program were Barney Bernard and Yorke and Adams. The Little theatre books through the United Booking Offices. It has a seating capacity of 500. ALICE McNAUOHTON. Now Scoring a Big Laughing Success In "LITTLE MISS FIX-IT* on tour. McNaughton will be seen In a new :.,uslcul comedy in the fall on Diuidway In a comedy role, under the management or WE KB A ft LUE3CHEK. Mil K. I). Stair and family were passen- gers on the Lusltanla this week. They will remain abroad two months.