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LEGITIMATE, TROUBLE THREATENING FOR TWO EARLY PRODUCTIONS Broadway and Buttermilk" Said to Infringe on Sketch Owned by Marta Golden. She Will Seek Legal Aid. Vaude- ville Producers Claim Prior Right to "Business" in "Coat Tales." Marta Golden, after witnessing the opening performance of "Broadway and Buttermilk" at Asbury Park Mon- day, returned to New York and laid plans to share in the profits of the pro- duction, she alleging the comedy, writ- ten by Willard Mack, is identical as to plot and a number of lines to a sketch she purchased outright from the same author three years ago for $500. Among others hearing the plea of Miss Golden were vaudeville bookers, who stated if the sketch was a worthy vehicle and if she made a production it would be routed. Miss Golden started selecting the cast Wednesday. The title of the sketch when pur- chased by Miss Golden was "No Jury Needed." "Coat Tales," the first theatrical bloom of the new season, which opened at the Cort Monday night, is to be the cause of a damage suit. The piece of business employed by the author and producer to denote the number of hours that have elapsed between the action of one act and another is to be the basis. The Lewis $. Gordon Producing Co. claim a prior right to the use of the clock on the strength of the piece of business having been invented and sug- gested by Al. Lewis, of the firm. It is now employed in their vaudeville production, "Honor Thy Children." They have instructed their attorney, A. Berman, to proceed against the Hammerstein show, if the "clock" re- mains. After the second act of the play, the author, Edward Clark, and Sam Ber- nard, had a clash in the lobby of the theatre, Bernard claiming the general idea of the piece had been lifted from a picture in which he had appeared. Others who saw the play seemed to recall they had read something similar in one of the popular fiction magazines about three years ago. KARSAVINA WITH THE BALLET. Thamar Karsavina, the Russian queen of the ballet, is to be the star card of the publicity campaign which is to be waged for the re-advent of the famous Serge dc Diaghilcff Rus- sian Ballet in this country (hiring the coming season. Karsavina and Nijinski were orig- inally advertised to head the ballet last season, but neither showed for the first engagement in New York, nor the country-wide tour which followed. Nijinski did arrive here in time for the second engagement in Xcw York, at the Metropolitan. Thi ; season the ballet will include both of the stars, who will tour with the organization. The trip last year cost the promoters, all of whom are connected with the directorate board of the Metropolitan. around $220,000, but it is expected with both of the star dancers this year the company will recoup its losses. SENSATION PROMISED. A new producing firm that will in- clude two of the better known press agents is promising one of the big play sensations of the coming season. The title of the play at present is ''The Wis* Virgin," and is an American adaptation of "The Rubicon," which ran success- fully in Paris for a year. The piece if said to be both daringly risque and sen- sational at the same time. The new producing partnership is keeping its identity in the dark at pres- ent "FOLLIES" LEAVING TIME. "The Follies" are slated to leave the Amsterdam the week following Labor Day, but it is reported the definite date of departure has not been set. When "The Follies" leave, William Rock and Frances White, now one of the dancing features with the show, will remain behind, to become a per- manent attraction in "The Midnight Frolic" on the Amsterdam Roof, where they now nightly dance as well as downstairs. Monday chorus rehearsals were started at the Amsterdam for a new musical comedy from foreign shores to be known as "Little Miss Spring- time," and next Monday the cast will begin its labors, the show being sched- uled to replace the "Follies" Labor Day. Julian Mitchell is doing the dances, Herbert Gresham is directing and the show was casted by Alfred E. Aarons. George A. Macfarlane is to be the male lead. HELD REVUE IN OCTOBER. The Anna Held Revue under the di- rection of the Shubcrts is slated for first rehearsal about Aug. 25, with a possible start late in September, and more likely early in October. The piece is due to first sec Broad- way at the Casino. Edgar Atchison Ely is reported as principal. NAZIMOVA IN PLAY. Mine. Alia Nazimova is to return to the legitimate stage this season im- mediately after her appearance in the Herbert Breimn picturi/ation of "War Mrides" is completed. She will un- doubtedly be seen in a new play by a heretofore little known American author. The production will be made some time in November. At present the speaking stage man- agement which has Mmc. Nazimova under contract is keeping that fact a secret, but it is one of the younger producing firms. MANHATTAN INDEPENDENT. Morris Gest's plans for the Man- hattan opera house, which he is oper- ating alone this season, calls for the Russian Ballet Russe to open there Oct. 9. Nijinski will appear and is di- recting the ballet. Adolph Rohm and Lupoukowa are also in it. Nov. 1 a revival of "Ben Hur" will be staged. Klaw & Erlanger and Jos. Brooks are the sponsors for the re- vival, indicating the Manhattan may be booked.independently next season. Gest has been looked upon as a staunch Shubert adherent. "BETTY" STARTS AUG. 14. The rehearsals for "Betty," the Dil- lingham-Morosco production in which Raymond Hitchcock is to appear, are to start Aug. 14. Edward Royce, the Eng- lish stage producer, who put on th« London production of the piece, sailed on the Philadelphia yesterday, and is due in the country Aug. 12. The scenic models for the two sets for "Betty" from abroad reached the Dillingham office this week. MAYOR'S WIFE WRITES SHOW. Chicago, Aug. 2. Mrs. Carter H. Harrison, the wife of the former Mayor of Chicago, has com- pleted a new musical-fairy-spectacle entitled "Prince Silverwings." L. Frank Baum and Dr. Hugo Felix were asso- ciated with Mrs. Harrison in the work. The production will probably be given about the holidays. The pro- ducers expect to turn out the stage production and at the same time have a film version appear. HARRIS' VEILLER PLAY. William Harris, St., has accepted a play from Bayard Vciller which will be produced the coming season. Yeiller has had but one play pro- duced since he wrote "Within the Law" and that one was a failure. Kiaw & Erlanger are holding a spec- tacular melodrama by this author which was to have been produced last season and was then postponed until this year and at present it is under- stood that the play will not be staged until some time in 1917. AFTER A COMEDY. Elsie Ferguson is looking for a comedy for the coming season. Miss Ferguson is said to have had several plays submitted to her for production, and while one is liked the star is not wholly satisfied with it and would wel- come a comedy vehicle to her liking. PLAY OF COLOR SHELVED. William Harris, Jr., has about de- cided he will shelve "Satus Maztus," a play in which all of the characters were colored. It was placed in re hearsal about a month or six weeks ago and tried out. "CLEGG" AT THE PRINCESS. "Jane Clcgg" is to be produced at the Princess, New York, Sept. 18. Prior to that the piece will be taken into the up- state section for a week. If you don't advertise In VARIETY, don't ndvertU*. 11 LONGACRE GETS DRAMA FIRST. The Morgan Cast," by Otto Hauer- bach, is to be the opening attraction of the season at the Longacre theatre. In- stead of "Nothing But the Truth." It was the original intention of H. T. Frazee to bring the farce, which had had a successful run in Chicago, to his own house as the initial offering, but after the opening of the Haucrbach piece at Long Branch it waa decided to bring the show to New York immedi- ately and Aug. 9 is the date set for the Broadway premiere. The piece waa originally entitled "Blood Will Tell." On Wednesday of the current week there was talk of once more changing the title to "The Silent Witness." "Nothing But the Truth" is in re- hearsal at present, and will be seen at one of the other New York houses shortly. CRUEL HU8BAND DIVORCED. Cincinnati, Aug. 2. After having denied divorces to nu- merous other actors during the last several months, Judge Charles W. Hoff- man, of the Court of Domestic Rela- tions, has granted a legal separa- tion to Daisy Baskette, a vaudevilllan, of 3841 Eastern avenue, this city. Judge Hoffman refused divqrees in the other cases, because the actresses lived else- where and came to Cincinnati to estab- lish a residence and secure their de- cree. Mrs. Baskette charged that her hus- band, William Baskette, a black-face comedian, was cruel and knocked her from a train at Hastings, Neb. The in- juries received on this occasion, she al- leges, necessitated her having to have an operation before she could do buck and wing dancing again. THE MURDOCK PLAY. Atlantic City, Aug. 2. "Please Help Emily," a new com- edy by H. M. Hardwood, will open at the Apollo Monday, Charles Frohman presenting. Ann Murdock will be starred, with Charles Cherry and Ferdinand Gott- schalk featured. The play is produced by arrange- ment with Selwyn & Co. It opens at the Lyceum, New York, Aug. 14. N. Y. HIT GOES TO CHICAGO. 'Fair and Warmer" opens at the Cort, Chicago, Monday, with Ralph Morgan, John Cumberland, Franclne Larrimore and nearly the entire orig- inal cast. Wednesday a new company wis ensconced in the Harris to continue the New York run. Lynne Overman is playing Morgan's role. Irene Franklin's Starring Piece. The new musical comedy, "The Melt- ing of Molly," by James Montgomery. in which Irene Franklin will star, open* ;it Poughkeepsie Sept. 14. "Delicate Situation" in Rehearsal William Harris, Jr., will place hi* play, "The Delicate Situation," into re- hearsal Monday, getting the production into shape for a New York~Tjf enin~. probably at the Fulton.