Variety (September 1913)

VARIETY APPEAL TO GOVERNMENT BY "SMALLTIME" OPPOSITION Nixon-Nirdlinger in Philadelphia Prepares Charges Against His Vaudeville Foes, Alleging Trust, Tres- pass and Conspiracy. ''Pulling Out*' Continues, But Backs Fire This Week. Philadelphia, Sept. 17. The United Stales f^overninent will be asked to take a hand in the pop vaudeville war in this city. .Action this week will have important Ijearinjj on the workinj^s of every theatrical cor- |)f)ration and association in this coun- try. 1'. G. Nixon-Nirdlanger. through Arthur J. .\rnold and Henry J. Scott, attorneys of this city, has prepared papers charging the Loew-Sullivan combination and its agents with "Trust, Trespass and Conspiracy." The papers were to be ready for filing I'riday. It is said Xirdlinger has been ill communication with Attorney Gen- cial McReynolds in regard to the vio- lations of the anti-trust laws by vaude- ville corporations. Last week several attempts were made to cripple Xirdlinger's show in the Grand Opera House by "pulling out" acts and one attempt resulted in ii fistic encounter on the street. For the first time since the Clrand opened, the Sunday adverli.^emenla in the local newspapers carried the full program of acts for that house. This is said to have been done on the advice of counsel in order to give Loew a chance t(» show his hand again. All the acts listed appeared Monday despite strenuous efforts to "pull out" the "Apple of Paris." This interfer- ence, it is alleged clinches Nirdlinger's claim regarding the violation of inter- state and anti-trust laws and Nird- linger declared Monday the fight would be made to a finish in order to t(st the law in such cases. Marcus Loew was in town again Monday and met Nirdlinger, but not on business. Loew was here to ar- range for advertising the opening of the Chestnut Street opera house, the lease for which was finally signed last week. There have been several hitches over the property, but it is believed to have been straightened out by A. L. Krlanger. A huge poster was displayed Monday announcing the house would be opened by Loew, no date men- tioned. It is thought the house will be ready in about a month. It was said when Loew opened in the Opera House suit would be entered by the United Booking Offices against Nixon & Zimmerman, the former lessees of the house for violation of the old "Advanced Vaudeville" agreement. Nixon was a part of the "Syndicate" v.hich was paid to remain out of vaudc- \'lie for ten years. Samuel F. Nixon has stated he does not own any stock in the opera house and that J. Fred Zimmerman was not a party to the agreement with the United, which would prevent any such action. Inas- much as Zimmerman is now hooking- his three vaudevillp houses through the United, the matter has taken another interesting twist. There was a backfire explosion to a ■pulling out" incident on the small time Monday, when "The Apple of Paris" appeared at the Grand Opera House, Philadelphia, as billed, instead of at the American, New York, where the turn was also billed. The act belongs to Coccia and Ama- to. The principals departed for Philly 10 o'clock Monday morning, leaving their baggage and props at the Greeley Square theatre, where the stuff was held by the management, which later transferred it to the American direct,.* having refused to allow Aurelia Coccia to move it. The Greeley Square also refused to pay Coccia and Amato their salary Sunday night, telling the act the money would be ready for them when reporting for rehearsal at the Ameri- can Monday morning. l'l> to the time his salary was held back, Coccia is said to have favored the Loew people and intended remain- inir on the time, although his contract for the Nixon-Nirdlinger house in FMiiladclphia called fo^ $200 more weekly than Loew paid him. Nixon- Xirdlinger claimed the act by a pre- vious agreement. When the Loew contract with the turn for the Greeley Square was looked over, it was found to contain an optional clause, giving Loew fouf weeks more of the act's time, if wanted. The optional clause was inserted in typewriting. Coccia alleged he had not noticed it when signing the agreement. He further stated that inasmuch as he had con- tracted to start over the Pantages Cir- cuit, commencing Sept. 29, he would not have knowingly bound himself to an agreement with Loew that would conflict with the Pantages date. The .Xmerican expected Coccia to open Monday. It was reported among the small time agencies early Monday that Loew had pulled out "The Apple of Paris" from N.-N. Carl Anderson and his staff were quite busy from Sunday night late until Monday a. m. when the people in the turn left for Philadelphia without paying board bills in New York. They were cos- tumed over there by a'store, the the- atre made a makeshift set for them, Minnie Amato found an old gown that fitted her role, and the act was given, with its properties still at the New York house. The Coccia-.Amato act is the first turn the Grand opera house has billed ill Philadelphia. Mr. .\nderson. who books the N.-N. theatres over there, vowed he would "deliver" it at any cost. Other than the "Apple' e.'tclt**ment nothing was reported in the way of trouble. SHE*S HERE! FATIMAI Hammerstein's has the original coocher, captured alive in a Turkish Harem, Fatimal She's here, and will exhibit her muscle movements for one week commencing Oct. 6 at "The Cor- ner." On the 7th avenue .side of Hammer- stein's big board there is the loveliest little paint decoration telling about Fatima. .\t first glance it looks as though William Hammerstein had agreed to sell the space to tho cigarette people, but after reading it one gets the impression there is a dancer hiding around somewhere. Still the suspicion that the cigarette factory is paying something toward the act's salary re- mains, and perhaps there will be a sur- plus. It's some nifty si;;n, with all the well-known brands of Turkish cigar- ettes mentioned in smaller letters. Walter Rosenberg dug up Fatima. Every time Walter mentions her. he gives an imitation of her work. Mr. Rosenberg drove down Droad- way the other evening with a cream- colored car, a young woman and wearing a driving coat that made a noise like a dynamite blast. The po lice wanted to arrest Walter for being irregular, but he referred them to Doc Steiner, who gave him a clean bill of health. The other day a fellow approached Willie Hammerstein, saying he could pack the house for one night by com- mitting suicide on the stage "Per- haps so," answered Willie, "but what do you do for an encore?" The Broadwayites say Fatima is Mile. Sidonia, the former Coiiey Island Salome dancer, who has been under a long contract to Louis Spielman. Louie, however, is at sea o-er the Hammerstein booking. Sidonia bears out the French billing on looks, but they say she has a Ger- man dialect that would do credit to a Kaiser's shipmaster's log. Sam Meyers has what he terms "the worst act in vaiuleville," and is seek- ing a booking with Hammerstein for one week at the \'ictoria. Meyers thinks such a turn at the Corner would prove a novelty. OMAHA-SIOUX CITY SPLIT. Lincoln, Neb., Sept. 17. The Orpheum here is taking the highest priced bookings of the Or- pheum Circuit and playing them for a split week, Sioux City playing the bills the first three days of the week. The system of demanding that acts play Lincoln at a t^educed figure has been abandoned. It was practised last year and was the grounds of mucb feeling on the part of visiting acts. The first three days of the Orpheum week are taken up with tabloids. For this style of entertainment the regular scale of 75 cents is cut to 25 cents, all over the house. The Orpheum acts are not playing Ogden this season. QUESTION OF **MATERIAL.'* O'Brien, Malevinsky & DriscoU, on b'ehalf of Barrett and Stanton, are go- ing to contest Ed Gallager's claim to the act known as "The Battle of Too Soon." An application for an injunc- tion will be made by the law firn\. restraining Gallager from interfering with the team while playing the trav- esty until it has been judicially de- termined who has the right to the piece. Mr. Gallager claims a copyright. When Barrett-ami Stanton were about to appear at the Fifth Avenue in the playlet two or three weeks ago, (ial- lager notified the management lie claimed "The Battle of Too Soon" as his own, and the Proctor people can- celed the act before the Monday matinee. Joe Barrett came east with Ed Gal- lager some years ago. "The Qattle of Too Soon" was built up by both of them, according to the attorneys, who want the courts to say which parts, if any, each is entitled to. 2S NEW ACTS TN 4 HOUSES. Four theatres playing Sunday shows exhibited all under the direction on that day of Feiber & Shea showed 25 new acts last Sunday to New York City. The houses (playing vaudeville Sun- day only) are the Columbia, Murray Hill, Grand and Bronx opera houses OREENWAIiL'S NEW AGENT. New Orleans, Sept. 17 Commencing this week the Green- wall is booked by the Jones, Linick & Schaeffer agency, Chicago. James C. Matthews booked it since opening this season. HURT IN AUTO CRASH. Concord, Mass., Sept. 17. Mrs. Francis Lawrence, in vaude- ville, but who has also been doing lyceum work, was probably fatally in- jured in an automobile crash in this town while on her way to her home in Brookline. N. H. She was accom- panied by her husband, Carlton H. Tomer, of a Boston advertising agency and Grant Towner, a newspaper man. At the Deaconess Hospital it is said that she had sustained a probable frac- ture of the skull. NEW ST. JOHN KEITH*S. St. John. N. B., Sept. 17. The new Imperial, a Keith house, is due to open Sept. 19. It's a big, hand- some structure, and will play pop vau- deville. If you don't aAvertliie In T;\1ITETV. don't ndvfitlM at all. IDEAI/S "MORN" CRITICISED. " Harrisburg, Pa., Sept. 17. Ideal (Irene Deal) who does a pos- ing and diving act in vaudeville, was summoned to the Mayors* office here this week to answer to a complaint charging a breach of the disorderly practice act. She is appearing at NVil- mcr & Vincent's Orpheum. As a press stunt she went to the Allegheny river and attired in a union suit posed as "September Morn." Immediately a storm of criticism arose about Mayor Royal and under the sting he summoned her. Convic- tion means a fine of from a cent to $100. Manager Hopkins of the Or- pheum declares that he was responsible for the posing incident, the player hav- ing consented to pose at his solicita- tion. Hopkins oflFers to accept full re- sponsibility. A heated discussion of the incident is being carried on in the newspapers, to the advantage of the Orpheum box office.