Variety (January 1918)

i^«J — 1W VAUDEVILLE "NAME" DECISION HANDED DOWN BY MICHIGAN'S SUPREME COURT Opinion Restores Name of "Mercedes" to Mercedes Crane. Judge Reviews Vaudeville Act and 'Tress Matter." Equity Calls for "Clean Hands," Says Court. Chicago, Jan. 2. The Supreme Court of Michigan, by an opinion handed down at Lansing Dec. 27, reversed the decree of the Circuit Court of Wayne County, entered Feb. 29, 1916, which, at the suit of Joseph Cohen, alias Joseph B. Howard, alias Joseph Mercedes, per- petually enjoined Mercedes Crane from the use of her own name. "Mercedes" in connection with the production of any theatrical performance. In his bill of complaint filed in that case Cohen claimed he conceived the act which he has entitled "Mercedes," and was the first to use the word "Mer- cedes" in connection with his act; and alleged that Elizabeth M. Crane (as he called her in the bill), who was then, with others, producing an act in the Miles theatre, Detroit, under the name of "Concentration,** was im- properly using the name "Mercedes** Crane (with the emphasis on the Mer- cedes) in connection with that act greatly to the injury of the com- plainant. In her answer filed to the bill Miss Crane set up that her name was Mer- cedes Crane, by which she had been known all her life; that she used the name Mercedes when she first went with Cohen in 1910; that Cohen called her Mercedes and advertised her as Mercedes, and that when she left Cohen In 1911 Cohen, in order to take advantage of the reputation which had been established by Miss Crane, began calling himself Mercedes and later had his name changed from Joseph Cohen to Joseph Mercedes by the Circuit Court, Cook County, on an ex parte petition, of which she had not notice. The opinion of the Supreme Court says Cohen did not originate the act "Mercedes,** and conceived the name "Mercedes.** as he testified, from read- ing the "Count of Monte Cristo.** Justice Fellows, who wrote the opin- ion of tl.e court, is convinced, so states the opinion, that the act "was gotten up by the joint efforts of plaintiff, defendant and defendant's father.** And ihc idea for the act. the court holds, was obtained from a book owned by Miss Crane' father, J. M. Crane, then a newspaperman, connected with a "prominent Chicago newspaper." The opinion of the Supreme Court further recites that the plaintiff, who commenced the suit as Joseph B. Howard, was by birth Joseph Cohen, and changed his name when only a youngster to Joseph B. Howard, "one Joseph Howard being somewhat promi- nent in the theatrical world, later causing his name to be changed to Joseph Mercedes." Justice Fellows further states: "But there is another feature of this case which I think should work its reversal. It is said that plain- tiff has built up a valuable busi- ness in giving this performance, which should be protected by a court of equity. I realize that a certain degree of altitude is allowed in praising pne's wares, but there is a limit to All things. The methods used by trris plaintiff to establish his reputation and build up his business are not such as to appeal to the conscience of a court of equity for relief through that court by the strong arm of a writ of injunction. We may lay aside the fact that the performance sought to be protected is a trick pure and simple; that the so-called 'thought transfusion,' 'mind read- ing' or 'psychic wonder' is simply the carrying out of a carefully devised code, understood alone by the performers; that while it amuses and interests, it at the same time deceives, the public. All these may be laid aside while we ex- amine the methods used by the F lain tiff to establish his reputation, quote from one of his press notices, published after he had ap- propriated to himself the word ^Mercedes.'** Here the justice quotes from the press notice referred to, a most romantic story of "Mercedes" (Cohen) being the son of a Scot and a "Spanish Lady,** *he boy being compelled early in life to seek work in a factory because of his father's "reverses' ; how the labor galled the "tempera- ment" and 'soul" of an artist. The romance set f rth by this press clip- ping begins with Nellie Stantone, a neighbor girl" of Frer-h parentage. Then follows an incident to the "soul- ful." young factory hand, followed by blood poisoning and a delirium pf weeks' duration, all during which the young "artist" remembered "Ave Maria," the last piece he had played on his violin. And on his first return to home after his recovery h* visited Nellie and" said to her, "I wish you would play that piece for me." And Nellie, without any suggestion as to the name of the piece, "whirled" around on the piano stool and played Gounod's great composition. How the boy was startled; how they began' fpracticing together along "psychic" ines; how the parents of both ob- jected; how her family moved to Battle Creek; how the youthful "artist" fol- lowed her and sold papers on the street in order to "be by her," follow. Then another sickness, during which he was allowed to pursue his study of "telepathy." and the final produc- tion of the act. Of this story Justice Fellows says in the opinion: "Admittedly there is not one state- ment in this entire article that is true. To put our approval on such methods by protecting with a writ of injunc- tion a business built upon S*uch a foundation would, to my mind, dis- regard that maxim of equity that is hoary with age, That he who comes into a court of equity must come with clean hands.' The writ of injunction is not a writ of right, but its issuance rests in sound judicial discretion. That discretion should not be moved where the partv applying docs not bring his case within equitable principles, does not show superior equities that are entitled to protection at the hands of a court of equity, does not make such a case as moves the conscience of the court to grant the relief." And the Supreme Court accordingly reverses the decree of the lower court with an award for costs in favor of the defendant, Miss Crane. Mercetle* Returning to Orphcum Time. Los Angeles, Jan. 2. The Mercedes act is reported accept- ing a continuation of his engagement over the Orpheum Circuit and will open ?t Salt Lake Citv Tan. 30. The Portland theatre. Portland, Me., lias changed its bookings from the Sheedy agency to Fred Mardo. GEORGE CASTLE QIES. Chicago, Jan. 2. George Castle, of the Kohl & Castle theatrical firm, died Sunday morning, Dec. 30, at Miami, Fla., aged around 70 years. His body was removed to Chi- cago for interment in the family plot in that, his home city. Mr. Castle's sudden end came rather unexpectedly, although he had been ailing for many years with chronic asthma, and at the first sign of winter weather always left his Chicago home and journeyed to the extreme south. He had a string of trotting horses in Florida and devoted his activity in that section to racing and breeding. He is survived by a wife and daughter. George Castle owned the second largest share of the Kohl & Castle en- terprises and owned one-seventh of the Western Vaudeville Managers* As- sociation. He started his business career as a butcher boy on a western railroad and later entered theatricals in the office of his brother-in-law, who owned the King Dramatic Agency in Chicago. Vaudeville, then known as variety, was in its infancy. Mr. Castle picked up stray bits of information about the new business from artists who applied at King's for engagements. Later he opened a variety agency and booked a number of houses in the northwest, many known as museums and hnnky tonks. Ed. Kohl and George Middle- ton were conducting two dime mu- seums in Chicago and Castle was dele- gated to supply th^m with attractions. Later he became their exclusive agent. Castle was famous for his thorough- ness in booking at that time and after booking an attraction would foi'ow it around until it took the train for its destination. When the Olvmnic thea- tre. Chicago, went on the market. Cas- tle induced Kohl and Midd'eton to take it over and the three took equal parts in the investment. Then the firm se- cured the Chicago oo^ra house, and later the Havmarket, Chicago, making it a circuit of three. Later when the Vaudeville Man- agers* Association was formed with John J. Murdock (now eeneral execu- tive manager of the United Booking Offices) the bookinor list was length- ened into a profitable li«t. When the Orpheum Circuit ioined the organization and the building of the Majestic theatre was suggested, Mr. Castle refused to have anything whatever to do with the nroject. The others interested with him. however, went right ahead with the new build- ing, declaring Castle in for his pro- portionate share. With the building completed the Association was moved from the Ashland Block to the Maies- t!C. hut Castle would not move his desk or effects and for an entire month re- mained religiously away from the new headquarters. He came around, how- ever, and after looking over the of- fices^ quietly moved in without men- tioning it to anyone and from that time on headquartered with his asso- ciates. George Middleton afterward retired and moved to Los Angeles, selling out his interest to Ed. Kohl. Mr. Kohl's death followed that event and left no one but Castle and Murdock of the onVinal crowd. Mr. Castle remained active and was always to be found at his office during the summer months. He was officially known as the treasurer of the corporation, but Frank Rivers always attended to the active part of th*» office, and does yet. With the passing of George Castle goes the last of the western vaude- ville founders who remained in har- ness in. their original location. His rirath will make no difference in the management of the Kohl-Castle affairs or the Western Vaudeville Managers' Association, preparations for such an event having been made prior to the rVmise of his late partner. Mr. Castle was born in Syracuse, \ T . Y. His estate will run into the mil- lions. GILCHRIST GETS APPOINTMENT. Theatrical interests of New York were concerned in the appointment of John F. Gilchrist as Commissioner of Licenses. Theatrical labor bodies sent commit- tees to Mayor Hylan prior to his tak- ing office and recommended Peter J. Brady be named License Commissioner. Brady, who is secretary of the Allied Printing Trades, was appointed Super- visor of City Record, however. The new Brady job pays $5,000 per annum. The Gilchrist salary will be $7,500. The labor unions, including the the- atrical federated bodies, have made a personal request that Mayor Hylan, in plums yet to be distributed, hands one to Frank X Sullivan, the present at- torney of the State Federation of Labor and who also legally represents the New York City Federated Union. Sullivan may be appointed a magistrate. EDDIE SHAYNE RETIRES. Chicago, Jan. 2. Edward Shayne, one of the leading bookers of the W. V. M. A., has an- nounced his retirement from active ser- vice after a connection with the Asso- ciation of many years. The retire- ment is due to ill health, Mr. Shavne having recently suffered a complete nervous breakdown. He will go to Red Bank, N. J., to recuperate. Charles Freeman, for the past few years assistant to Sam Kahl. of the Finnan-Heiman circuit, takes over Mr. Shayne's bookings. He is being con- gratulated on this advancement, as he is one of the youngest men on the booking floor. It is rumored Mr. Shayne, after he has recuperated, may become a ten per cent, agent in the East. ANOTHER KEENEY THEATRE. Plans are being drawn by Architect William Lehman for a big film theatre, seating 1,800, to he built by Frank A. Keeney, in Third Street, near Pine, Williamsport. Penn. A Hral for the site of the old Lycoming playhouse in Wil- liamsport was consummated last week by Keeney. The equipment and cost of construction is estimated at $200,000, work starting about March 15. Keenev's plan provides a stage large enough for vaudeville should he desire at anv time to change his straight feat- ure film policy. Architect Lehman planned the new Keeney theatres in Newark and Brook- lyn and only last week turned over specifications for a new $100,000 film palace in Kingston, N. Y. WAITING FOR "MOVIE WEEK." "Making Movie Stars" as next week is billed for at the Harlem On*»ra house is being awaited to see what Bob O'Donnell, manager of the onera house, will secure out of the odd idea of hav- ing competitions on the vaudeville stage to uncover latent talent for mov- ing picture playing. Quite some interest appears to have been aroused in Har- Itm through the announcement. The "episodes" taken daily as made by the amateurs will be shown later at the opera house. The "ens" will be taken by an expert picture staff on the stage and before the audiences assem- bled. The full assemblage of "eps" gives the title for the period when it takes place, Jan. 7-12. The plan was set forth in more detail in Variety's Anniversary Number. PRINCESS OPENS. Montreal. Tan. 2. The new Princess opened Dec. 31 with a matinee. The house has a seat- ing capacity oi 2 500 and is (he hirge^t one in Cnnnda. plaving big-lime vaude- ville. The bill offered was the same as which had been at the Orpheum all week. There were a number of nrom- inent civilians and many army officials present as invited guests. Next week Lady Duff-Gordon is the headliner.