Variety (September 1918)

AGENrS COMMISSION POINT. A different angle to an old point in the matter of commissions payable be- tween agents ahd acts is tacked onto an action started by H. J. & Frederick Goldsmith for their client, Arthur Hor- owitz, the agent, against Jay Gould, now in the Century Roof show and formerly of Gould and Lewis (Flo) a vaudeville act. The amount sued for is |635, claimed by Horowitz to be due him for com- mission from Gould and Lewis for a tour’s contract over the Pantages’ Cir- cuit last season that the act did not play. The team instead appeared on the Orpheum Circuit, not booked, how- ever, by Horowitz there. The agent alleges a long-term agree- ment with the turn and states that in pursuance of his post as representative for it, he procured the Pan time. While having authority, |the agent says, to sign for the act in contract .engage- ments, in this particular matter, he did not sign, giving the agreements to the act for their signature. Meanwhile the act had accepted the Orpheum route. Horowitz contends that as he sought and obtained the Pantages con- tracts with the knowledge 4nd con- sent of the act, the members are lia- ble to^ him for the full amount of the commission as though they had played the engagement or signed the agree- ment. Another managerial representative claim has been placed in the hands of his attorney, August Dreyer, by Charles Potsdam, against the Rigoletto Bro- thers, amounting to $835. Mr. Pots- dam alleges he acted as manager for the brothers. Last week Mr. Horowitz appeared before the Vaudeville Managers’ Pro- tective Association, to assert his. agency claim to Harmon and O’Cpnnor, a “sister act.” The act was under a contract for three years with Horo- witz and booked by him to open at the Audubon, New York, Sept. 8. On the same day they had been placed through Frank Evans to appear at a Poli the- atre. The evidence brought out that Horowitz had consented to the girls making an application to another agent (not Evans) to book them and that thereafter Harmon and O’Connor had notified the other agent they pre- ferred Frank Evans, who could secure them time. Whereupon the third agent tore up their consent, saying it was agreeable to him. On this phase of the matter Pat Casey decided against Horowitz, on the ground he had waived any agency claim according to the custom of the show business when agreeing to their proposal, made in writing, to another agent. Mr. Casey disregarded the legal aspect of the case as set forth in the Horowitz agreement, and it was so understood by the parties to the contest. RATS’ INVESTIGATION HEARING. liMt Friday's lenlon, pre-mentloBed as tbs finale of tbe hearinKs In the Inquisitorial pre- oeedlncs anent the financial manlpulatioas of the White Bats, was ISBgtby and covered much (round. Harry Uounttord made what he termed a statement, because there "had been a lot of InsinuationB made here and I should like to point out certain phases of the testi- mony.’’ Hs attached the testimony Of Will J. Cooke, went a little further into the alleg^ robbery of the Rats* offloe and airily sought to show how .efficiently the Rats’ coffers had been coneerved under his management—not, however, touching on the final "bow out.’’ Referee Schuldenfrel permitted the etate- ment. in*'which the witness questioned and answered himself; but towards the finish the Referee stated that he did.not at first under- stand the purport of the statement, and that it could not help in the proceedings, which was the signal for Hountford to cease. MoijiBt- ford "oroBS-ozamtned’’ himself because he^eald be was not represented by counsel. J. J. Myers was the legal representative of the Rats and not himself. The session was started with the examina- tion of Will Oonly and Percy Pollock, both called by Mr. Myers. Friday of this week was set down for anbther hearing, at which time the Referee will make a decision «a to his Jurisdiction In calling Ooldle Pemberton, the original petitioner in the proceedlilgs. Neither counsel bad handed in briefs oh the point. A. T. Saplnsky did not desire to; any further witnesses. This week’s session may see further questioning on the $600 cheeks supposed to have bailed out women in Brook- lyn during the strike. The testimony adduced last PViday places the matter of the ohseka In a worse muddle than ever, and the expla- nations are contradictory with those of jwo weeks ago. Conly took the stand first, Myers que^oa- ing, but later Mr. Saplnsky queried. While in the chair Conly twice drew reprimMds from the Referee. On things touching pqinu sought to be cleared up by Mr. Saplnsky he was hazy or did not know, as with other wit- nesses. Conly said he knew Goldie PemhOTOn and had seen her at several meetings taking notes. He also said ho read the we#Wy etatements to the hoard of directors. :^e said he knew Percy Pollock, and that the latter had called at the office and asked jor Mountford, who was out. Pollock gave him J.’iOO, which was to he turned over to Mount- ford. Conly thoueht the money was for hail purposes. Mr. Saplnsky asked: Q. "Tou read the weekly statements?’’^ A. "Tes." Q.‘ "How were you Y>Icked out?’’ A. "I was acting In capacity of secreUry for two or three months before the strike. ■, Q. “Were financial statements read at tno meeting of the board of directors?* A "Tes." Q.’ "Were they the same as those read ■ to the memhers?’’ q! "Wasn’t It a fact that It best that the statements not be read In drtall beoause of fact that so-called represenUtlWs of- the managers would he present? A. "I heard that suggested, but cannot MT. I T 7&8 of tho opinion tliftt splos niislit ‘ D6 present, but was not certain.” . o "Mnw T ask If U wasn’t a fact that LOEWS BEST HOUSE. What is agreed upon by those who have seen it as the best house on the Loew Circuit, the Metropolitan, Brook- lyn, opened Monday night. George Schenck, formerly manager of Loew’s Bijou, Brooklyn (now playing pictures), is the manager, and Harry Silverstadt is the leader of the 18-piece orchestra. The Metropolitan is hut a few blocks distant from_ Keeney’s, Brooklyn, looked upon previously as “opposition.” This week Keeney’s headlined its bill with “The Four Husbands,” an expen- sive vaudeville production turn. Monday evening, whil.e the perform- ance was going on, one of the usher- ettes, walking down a side aisle, accost- ed X. J. Lubin, M. Meinhold and Mark Levy, of the Loew staff, asking where Mr. Loew was seated. Informed he was in the first stage box on that side, she proceeded down the aisle. Upon returning, Mr. Lubin asked if she had located Loew. The girl replied she could not find him. “What did you want Mr. Loew for?” asked Mr. Lubin. “There are no sanitary cups in the water fountain,” answered the girl, “and I wanted to ask him what to do about it.” work in Germany or Austria. Amer- ican people are not allowed to even walk upon the streets. Over here how vastly different. I have almost aome to the conclusion that a preference is being shown alien enemy acts by the different booking offices. How many of them are being carried by tl^e Ringling and Barnum shows. . . Isn’t it a wonderful sight to walk into a theatre packed with the fathers, mothers, ifrives, sisters, brothers and sweethearts of the floiVer of American manhood, of the boys over there who are bleeding to death upon the already blood soaked battle fields of France, being entertained by the same swine whose rape of Belgium is now history. 'These alien enemy acts are allowed to run around the country in perfect freedom, using names that do not sound Teutonic and telling people they are Belgians, Swiss, French, etc. Surely there are enough American acts to entertain the American people, and no manager should allow one of these acts to. appear before the people whose relatives are giving up every- thing. American, artists should take the matter upon their own, shoulders, if the managers persist in playing these acts. Let us Americans refuse to work on the bills with them. I have made up my mind that under no considera- tion or circumstances whatsoever will I appear upon a progralm with one of them from this date on. There is one act in particular I know and who advertises regularly in Vambtt, that made a statement he would cut off his arm before he would fight for America. Needless to say, he was knocked down for his remark. I can not believe a manager who plays these acts or an agent who will book them is pure American. /. C. Booth, (Booth and Leander.) TROOP MOVEMENT CLOSES HOUSE. New Orleans, Sept. 18. The “Cantonment” theatre at Hat- tiesburg, Miss., booked out of the Loew office, New York, closes tonight. It was originally planned and opened to catch the business from the ad- jacent cantonment territory. Troop movements out of Camp Shelby, how- ever, left the house high and dry. The house will probably reopen as soon as the camp fills up with men from the new draft. LOOKS LIKE “YIP” IS OFF. It looks as though “Yip, Yip, Yap- hank,” the^Camp Upton soldier show by Serg. Irving Berlin is through for the present, after having been one of the biggest hits New York ever held during its four weeks’ run. The. soldier boys with Berlin are back at Camp Upton this week, having closed the engagements last Saturday at the Lexington. No plans have been made for any future travel of the pro- duction. Officials from Washington were expected in New York to see the piece and give a decision on its fur- ther life, but the offi^ls failed to ap- pear. “Yip” played to around $70,000 at the Century during its first two weeks, and almost as much at the Lexington in the final two. The show is said to have closed to a business of $15,000 last Friday and Saturday, when the pro- ceeds for those two days were reported having been divided among the 300 or so soldiers who took part in the show. The net profit of the New York en- gagement, which was for the benefit of a community house at Camp Upton, is reported at around $100,000. The songs written by Mr. Berlin for the piece, particularly the “Y. M. C. A. Hut” number, are finding a large sale. SURATT DID IT? Monday with Valeska Suratt head- lining at the Palace, the house was jammed for each performance. Every- one who noted the heavy attendance that day. said “The Jewish holiday is doing it.” Tuesday the record breaking at- tendance was repeated, more unusual because of the preceding holiday crowds, and there was no reason, ex- cepting the previous day’s remark was changed, “It looks as though Suratt is doing it.” New York; Sept. 13. Editor VAMBTy; I have read the editorial in today’s Variety concerning alien enemy acts in this country and that they should not be allowed to play. That is all well and good, but I ask why this should apply to German and Austrian artists only and not to agents. There are many German agents in New York and they are all doing business, booking or managing acts, and none of them have American papers; all are alien enemies,' Must we German artists with famiiip to support have to work as dish- washers or waiters to make a living over here while these alien enemy agents can continue to make their easy money as agents without molestation? One of them I know is making at least $20,000 a year and has been making that much since the war started, mak- ing it over here and continuing to do business without question following America’s declaration of war. One of these agents told me in Pans in July, 1914 (one month before war was declared), that we should leave France as war was certain; that he had been so informed by big men in the German army. When you mention German artists after this include German agents as well, when both arc alien enemies. Paul Setferh mA CONSCIENTIOUS AGENT? ;;’m11y Markus, who does a booking business for vaudeville, has notified the management of the Olympic, Brooklyn, and Grand Opera House, New York, he isn’t going to book them any longer, so Markus says. The reason given by the agent is that he and the policies under which the theatres are operated don’t agree. The theatres play five acts on a split week Markus received $50 weekly from each for booking. If there were any other reason why Markus threw the hundred weekly away, he expertly kept it to himself. Clayton and White Decide to Stick. The dancing team of Clayton and White have decided not to separate after all and wilj remain as a fixture in “The Passing Show.” It was through the intervention of J. J. Shubert that the steppers agreed to patch up their differences.