Variety (September 1912)

VARIETY SUIT TO RECOVER "SPLIT" COMME NCED BY JACK LEVY Alleges Booking Agency Has Unlawfully Withheld Commissions. 50 Per Cent. Fee For Col- lections Not Equitable Charge \>i''-4er the United Booking Offi- ces, j.t ng in collusion with the Vau- lic-vxll*- Collection Agency, can legally wulih Id one-half the earnings of the iu<j< » .Me agents booking through its r>:i,cr -a ill be determined by the action iha? i«i to be brought by Jack Levy ;i:r-.i:nrt the agency, its officers and the <>l ciiin agency branch. I.iw bays the United Booking Offi- ces "gaily withheld from him over ? 15,000 before he was informed he •o'.ld r.o longer book through it. The story o{ how the United Booking Offi- ce? had selected a cripple (Levy) to wreak its vengeance and to place be- fore other agents a horrible example of what might happen to them was pubiisl.cd in last week's Variety. August Dreyer has been retained to start the suit against the U. B. O. Mr* Dreyer states it will be charged }t is unconscionable and unilateral that an adjunct of the United Booking Offices can charge a fee of fifty per cent, for the rullection of moneys over which the porson authorizing the collection has no control. It will also likely be alleged the agreements obtained from agents through an officer of the United Book- - ing Otlices were obtained under duress, upon the threat that if the agent did n >t bh:n the agreement submitted to him, he would not be permitted to book ihrough the U. B. O. Evidence will also be brought out to siiow the exact amount of work done by the Vaudeville Collection Agemv in the collection of these moneys. Mr. Dreyer is reported to be in l>"»st' r ion of several matters in con- nect if in with the United Booking Offi- ces '>plit-commisison graft" that will pla> .\u important part in the legal pro< eedings. Hestdes the Collection Agency and Unite'l corporation, B. F. Keith, F. F. Proctor, K. F. Albee and J. J. bur- dock are to be named as defendants. Percy G. Williams, it is said, will be called as a material witness. Mr. Williams was an officer of the booking agency until recently. In a statement made this week, Mr. LeVy -,iid the slory as published in Vatui: i v regarding his expulsion from th. V R. O. booking floor was cor- rect although he mentioned while V u' ■ , stated the United complained nj' . t him receiving $75 from an act, milling was said to him regarding the P'-cnliar transaction that occurred win i \ aleska Suratt broke her con- tract v. ith William Morris, to play what was then alleged to be a prior contract with William Hammerstein. Nor did the United officers, added Mr. I<■ • ,■ fcjve any details of how this co■ 11;ji ration which resulted in Miss Sur.iii appearing for Hammerstein be- came possible, or how the United offi- cer* were concerned in this question- able transaction, which could easily stand the light of a judicial investiga- tion, since it went before the court which ruled on the papers and testi- mony submitted. It was reported Tuesday that Joe Sullivan, who formerly booked through the United Offices, had retained Will- iam Ellison, Corporation Counsel, to appear for him, with H. & J. Gold- smith in a damage suit for $100,000 Mr. Sullivan expects to bring against the U. B. O. Sullivan alleges he has been put at great loss and inconven- ience through the United Offices not having fulfilled agreements made with him. SHORT OF PRESS MATTER. The Orpheum Press Department un- der the direction of John Pollock is short of material to properly send out its press sheets for the acts booked through the United Booking Offices in towns outside New York City. The press work for these houses has been joined with that attended to by Mr. Pollock for the Orpheum Circuit. He sent out many letters to acts that were recently given him among United bookings, receiving but five answers. Until the acts comply with the re- quest to furnish data for the press sheet, Mr. Pollock says he will ex- perience much difficulty. FROHMAN'S SECOND PLAYLET. "The Diamond Necklace," by Fred- eric Arnold Kummer, the second of Daniel Frohman's vaudeville produc- tions, will have its premiere at the Union Square Sept. 16. Helen Langford, formerly with Mar- garet Anglin, will play the central feminine role. Frohman's third and last playlet will be produced during the holidays. COOLEY RUNNING MANHATTAN. Billy Gane is going away from the bright lights of Broadway. He will hie himself to Salem, Mass., as the main stem at the opening of Gane's Witch theatre, Sept. 7. Four acts and pictures will be played in the Salem house, booked in by Lester Mayne of the Family Department, U. B. O. The Witch seats 1,100. Gane has severed all connections with the Manhattan, 32d street and Broadway. The house is now looked after by Hollis E. Cooley. The Manhattan is now offering a straight picture policy at 10-15. GLAD TO FORGET. Adele Ritchie was snapped up by the United Booking Offices this week and a route of twelve weeks laid out for her. She will open for Wilmer & Vin- cent Sept. 30, and then Hammcrstein's, with a trip over the Williams houses following. Last season the United put the ban on Miss Ritchie, but that was last season. "SPLIT" IN FAM. DBP*T. Reports of an impending "split" of commissions in the Family Depart- ment of the United Booking Offices circulated around the "small time" centres during the week. The new order was to go into effect about this time, according to the reports. Sometime ago the same rumor ap- peared. It was then denied by D. F. Hennessy, manager of the U. B. O's Family Department. Mr. Hennessy said he would not permit a "split" while he was in command of the United's smaller agency. It is understood that two weeks ago or so Mr. Hennessy, J. J. Murdock and E. F. Albee reached an understanding over the direction of the Family De- partment. It was agreed Mr. Hen- nessy should have complete control of the agency branch, with no interfer- ence from "upstairs." Under this condition in the Fata. Dep't, it is unlikely there will be any "split" of the very small commission the agents receive, while Hennessy re- tains sole charge. SELLING SHUBERT, UT1GA. Utica, N. Y., Sept. 4. The Shuberts are about to sell their one-half interest in the Shubert theatre here to Wilmer & Vincent, according to report. The firm owns the other half interest. The sale is said to have been brought about through the dissatis- faction expressed by the Shuberts over the vaudeville bills furnished the theatre by the United Booking Offices. NO INTERSTATE PICTURES. Portland, Ore., Sept. 4. F. Woody brought the Johnson- Flynn fight pictures from Washington to Oregon and the Federal authorities got after him for an alleged violation of the Interstate Commerce law. Woody was fined $100 when ar- raigned for showing the pictures in pne state when they were staged in an- other. Congress passed this law last July. It is the first time a decision has been reached pertaining to its edict. New Orleans, Sept. 4. United States District Attorney Charlton R. Bcattie asserts that he will prosecute every motion picture man in the southern district who violates the new law with reference to the impor- tation from one state to another of prize-fight films. The law virtually puts an end to the prize-fight film for all time, as its provision makes it possible to cxhimt a film only in the state where the fight occurred. HORLITZELLE-WELLS AGREED. Chicago, Sept. 4. Karl Hoblitzelle, general manager of the Interstate Circuit, arrived in Chicago this morning, after a stay of about ten days in New York. While there Mr. Hoblitzelle and Jake Wells are said to have agreed upon their dis- puted possession with vaudeville of southern territory. The terms have been settled upon, it is said, with nothing remaining but the papers necessary for each manager to sign. FREE FIELD FOR AGENTS. Chicago, Sept. 4. With the new season officially opened through the arrival and pass- ing of Labor Day, the middle-western vaudeville situation, which has been twisted and re-twisted into the various shapes of a paralyzed pretzel during the past summer, has finally simmered down and assumed its normal condi- tion with very few changes from that of last year. The persistent rumor that Charles E. Bray would eventually open luxuriously furnished offices in Chicago and estab- lish another big independent agency has gradually backed down to a mere ambition. For a long while after his resignation as executive head of the "Association" it was said Mr. Bray an- ticipated going into the booking busi- ness for himself. At different times he was reported connected with every independent office in town and some claimed that twenty-five or thirty "As- sociation" theatres were ready to move with him. Every effort was made to keep his plans secret, but it became known this week that shortly before his departure east, Mr. Bray held a long consulta- tion with J. C. Matthews with a view to joining with the Pantages Circuit, opening an office in Chicago and mak- ing an attempt to cut into the Sulli- van-Considine and "Association" busi- ness. It is understood the proposi- tion advanced so far that a complete floor in the First National Bank Build- ing was considered for an flffice. Alex Pantages is said to have looked favor- ably upon the proposition, but inas- much as his acquaintance with the middle-western situation is limited, he turned the responsibility of the final decision over to Matthews. Matthews declined to talk about the matter to a Variety representative, but admitted that such a move had been contemplated, adding that it was definitely declared off. There are still a number who in- sist that Bray will become active in this vicinity again, but it is hardly likely he will begin operations before next season, if at all. The agency question has been defi- nitely settled insofar as the "Associa- tion" is concerned, the ten percenters having been notified that they can sell their attractions on "the floor" with- out dividing their earnings with the agency. Incidentally, word has been passed that they need not confine their attentions to the "Association." This gives the agents a free field to work and makes things look brighter for the actor. BRAY'S FUTURE FIXED. Charles E. Bray left New York late last week for Chicago, and it is said he will continue onto the Coast. Mr. Bray is reported to have met DeWitt Young, owner of the San Francisco Chronicle and president of the Pana- ma-Pacific Exposition, when Mr. Young arrived in New York for the other side about two weeks ago. If Mr. Bray does not make a suit- able connection upon the Coast, he will return to the Orpheum offices in New York.