Variety (March 1921)

Friday, March 4, 1921 LEGITIMATE 13 HUSSEY, BANKRUPT, COURT'S WARD, HANDS OFF, EQUITY IS WARNED LawyerGatdsinUh G&l* Otdtt Pmetlihg ActbY fr6in Interference During Adjudication—Believe Boycott Would Be Actionable as Contempt of Court—Danbury Hatters Ruling Cited. . The Actors' Equity Association, the I. A. T. S. E. and the Musical Mutual Protective Association were warned this week by Frederick E. Goldsmith, attorney for Jimmy Hussey, that if they attempted to interfere with Hussey's uppeatance in thfr Shuberts* "The Whirl of the Town," which has some of the scenes of "Tattle Tales," the matter would be taken into court and It is believed contempt proceedings against the three orgai izations would be started, since Hussy is now, a bankrupt and is under the protection of the court. The warn- ing was sent out following an al- leged threat over the telephone ten days ago to L.ec Shubert that un- less Hussey was dismissed mem- bers of the three organizations would be "rulled" out of the show because of salaries owed them for services, in "Tattle Tales," when Hussey had that attraction on the road. The identity of the person mak- ing the threat was not disclosed, but such a message was received. William Klein, attorney for Shub- erts, advised Mr. Goldsmith of the message, following Hussey having related it to his attorney. Letters of Warning The letters of warning were sent out Monday, all being essentially alike. The communication to the musical union, however, specifically mentions Joseph Weber. Though the latter is head of the national union (Federation), it is under- stood he has been locking after matters of Local No. 1 since the in- ternal troubles in that organization. The letter read: February 24, 1921. •'Musical Mutual Protective Union, "211 East 85th St., "New York City. "Gentlemen: "Our client, James Hussey. in- forms us that his employer,. Mr. Shubert, has told him that, Mr. Weber, representing your union, has called upon him to discontinue Mr. Hussey's employment, threaten- ing that unless he did so, the mem- bers of your organization would re- fuse to continue their services for , Mr. Shubert in the forthcoming pro- duction of "Tattle Tales." "As the members of your organ- ization and yc yourself undoubt- edly know, Mr. Hussey was duly adjudicated a bankrupt on Feb. 8, 1921, in the United States District Court for the Southern District of New York and has submitted him- self to the jurisdiction and protec- tion of that Court. "If the facts be as reported to us— and of this wo have no doubt the conduct of the members of your organization in unjustifiably and tinwarrentedly interfering with our client's occupation and with the ful- fillment of the contract entered Into between him and his employer con- stitutes a distinct and flagrant vio- lation of law. "Our reason for calling this mat- ter to your attention is that we feel certain that you will see the ad- visability of prevailing upon the members of your organization to discontinue their attack upon Mr. Hussey to the end that we may not be forced to resort to tlie legal pro- ceedings which are available for the protection of our client's rights in the premises. "Please let rs hear from yon ns speedily as possible so that we may bo guided accordingly. "Yours very truly. If. J. & F. E. Goldsmith." Suit3 by Equity Me.-nbcrs Husuey was declared a bankrupt An February 8. Suhsequei civil suits were started by member! of the A. K. A. Under aCtloiS making the defendant liable to arrest and an attorney made Ihrea! :<» secure * warrant. Mr. Goldsmith how. • had secured from Peter R Olney, referi <• ,ii ill" hank root i .. proceed - Ings. an ord r ■ <■ rjte i ntt Hui ej f< i a y ar r cm t! io <:. c < f I:I • ad bankrupt on civil processes . . . until twelve months after the ad- judication, or if within that time the bankrupt applies for a discharge then and until the question of such discharge is determined." Tlu order is dated Feb. 10, 1921. Another remedy, however, was open. The claimants for money due from Hussey were working under contracts (A. E. A. forms or Chorus Equity Association forms). Under the law the contracts call for salary and not wages and actions for re- covery do not call for arrest. Under the contract idea tho players were artists working for salary, not la- borers working for wages. Hussey contends through his at- torney, Mr. Coldsmith, that he is a ward of the court and that under an act created by Congress, furnish- ing an opportunity to bankrupts to rehabilitate themselves any attempt of the unions interfering with him, is an attempt to take the adjudica- tion of the bankruptcy into their own hands, which would be in con- tempt. Injunction Threatened The attorney stated that any at- tempt of the three organizations to interfere with Hussey's vocation BIVALVES BUST CONTRACT. A. E. A. Decides Ptomaines Are No Alibi for Lertcra. -'"'i' ation h .i ! ankrupt. The ordei r ' '' "' »rd •!•< (i thai all personsand officers l ,. ttml they li •. "i y are Prohibited [roni arresting the said Joe Lertora last Monday pa'd Ed- gar MacGregor something like $600 in frappe cash. The A. E. A. made him. Lertora, playing in "The Sweetheart Shop," MacGregor's show, left it flat in Denver several weeks ago. He became ill after eat- ing oysters, he said. He backed the assertion with Several certifi- cates from local physicians. Mac- Gregor, apprised by wire of the situ- ation at his New York office, ordered an understudy into the Lertora role. Lertora came East. Ptomaines were hinted at by certificates of the doctors. MacGregor, greeting the actor on his arrival in New York, suggested a Lakcwood stay to con- valesce. Lertora said he'd no doubt b? all right with a lay-off for a while. The incident was revived to the producer when fellow professionals along Broadway started telling him that for a sick man Lertora was getting a lot of fun out of life. Then came reports to the manager that Lertora seemed dangerously near signing up with a certain other producer. Mac- Gregor investigated. Then he hauled Lertora before the A. E. A. The association's verdict gave MacGre- gor the six C. to cover the two weeks' notice and the incidental railroad expenses involved. Ler- tora is out of a job. by ordering their members not to work with him, would supply grounds for Injunction proceedings. He also believed the conditions to be the same as in the Danbury Hat- ters' cases, which resulted in suits for recovery against individual members of the union. Prior to Hussey's petition in bank- ruptcy, Mr. Goldsmith was in touch with the office of Paul N. Turner, to which he offered to settle to the amount of $400, the claims of fifteen girls totaling $600. It was* explained the defendant was on the verge of bankruptcy and that it might be possible to make a compromise set- tlement with other creditors if the Hussey offer was accepted. The A. E. A. through its attorney re- fused, however, and Hussey was pressed with litigation in the Mu- nicipal Court. "The Whirl of The Town," in which Hussey is to be featured, is due to open in Washington next Sunday night and may later be brought into New Ycrk, with Cen- tury Roof mentioned. The show, though it has a portion of Hussey's "Tattle Tales," is said to have been largely rewritten, new costumes pro- vided and new score and book. On Wednesday Mr. Goldsmith re- ceived a letter in reply from Mr. Turner stating he would make an examination of the facts. The letter stated: "1 have no information as to the cause of complaint against Hussey and so cannot see why his being adjudicated a bankrupt should be a reason why members of the Actors' Equity Association should work for him if they do not wish to do so." Hussey is not presenting the show, which is being put out by the Shu- berts. ACTOR CHARGES LIBEL Leo Stark Brings Action Against J. A. O'Brien BELASC0-FR0HMAN PLAY. Baltimore! March t, • The spring's joint production by David Belaseo arid Charles Froh- man, Inc., will be "The Romantic Young Lady," which they will pre- sent at Ford's next week with Martha Hodman In the leading role. The new comedy is the work of G. MarUn gg Sierra, ajid tjhe adaptation has been made by Helen and Gran- ville Barker. Another new show of Which an- nouncement has just been made will also be here next week when Leo Dltrlchsteln appears In hii new play, "Toto." a comedy on Parisian life, in which he will be suppoited by a cast that includes Phoebe Foster, Albert Brown Frances i"n- derwood Joan Robertson, Edward S e, Orlando Daly and Lee Miller. As the result of a letter written by J. Arthur O'Brien to the Actors' Equity Association in which various charges twere made against Leo Stark, the latter through his attor- ney, Monroe Goldstein, started a criminal libel action against O'Brien. Both men were in the cast support- ing Chauncey Olcott for the last two seasons and differences between them finally led to the charges. A hearing slated In the West Side Court Wednesday was put over for one .week. The A. B. A. was subpeoned to appear in court and produce the O'Brien letter. When Frank Gillmore was served, some feeling resulted because he had been served in the A. E. A. rooms. The matter was to have come up for consideration in the A. E. A. this week, but, too, was postponed pending the hearing in the libel action. JAICE AtlFAD OF "MAUY" Doston M .». i '1. ,i J Rosenthal wii<> has h - \ Mil "Mary" ha* h it id - <» . '• "' i f t!. shew .'. \nv. 1l< pi« ;- la «.-) ", he shov i i h 'dtiled '• *T»> hen until t! i I ol ne::l v aril] ther m to Baltimore, Was' Ington and op< n • ki ChU >"• R • i• Monday 'TWO LITTLE GIRLSIN BLUE' Erlanger to Start Rehearsals at Once for New Musical Show A. L. Erlanger will shortly pro- duce a new musical comedy which will carry the title of "Two Little GTfla fri y:iu>-."" The cast i.- now be- ing engaged for the piece and it is expected rehearsals will start with- in the next two weeks. Fred Jackson Is the author «>f the book) While Paul Lannin, son of the former owi er i t the Boston "Red sox." wrote the melodies. Ned \v< 31 urn \ ill Cn the staging. BILLY MASON STAYS l iby Mo «on remains with "Jim Jam Jems" after . '. notwithstand- ing h< was Civ i ' 01 ice a week Dl ' » ". Ti • v <>i i management t<>! : .(.\\i-'.' !>.( i > i i,. Mason it .«-< in.v ■ • 'i mi,: ; .- ic r < omedtan m the r;"t. A fter 3 < '. - the It fended , ..< > m • people J( . uled wdii 4 i i | • • • i t < lain Mason and i!:e notice yui accordingly >• ; acindetsj v. » ►, v » v PATCH PRODUCING FORCES ARE DIVIDED SAYS PENNA. THEATRE TAX WOULD HALT SHOWS C. S. Wheeler Quits—"Up to You" Cost $143,000. There has heen u dissolution of the forces of William Mooi,e Batch Productions, Clifford Slater Wheeler, vice president of the con- cern, now being on his own. Wheeler secured the backing for "It's Up To You," which Patch pro- duced in the fall. A statement sent to the stockholders showed the piece had cost $143,000 to put on. The interests of Wheeler and sev- eral relatives will be retained in that play alone. • Wheeler is a young Yale grad- uate. He went to the coast in 1914, becoming interesting in mov- ing pictures until the war broke out. He will produce pictures and will also enter the legitimate field, planning a musical show for next season. "The Sweetheart Shop," produced by Patch and Edgar Mac- Gregor last season, which caught on strongly in Chicago, was financed by St. Louis caoital. Sydney Dillon Ripley, said to be a society man, was concerned with Patch in the attraction. ii HAPPY-GO-LUCKY" ENDS Comedy Chicago Loved Gooe to Cold Storage • Chicago. March 2. ••Happy-CJo-Lucky" ("Tilly of Bloomsbury") will close this week at the end of its run at the Play- house, where A. H. Woods made a small fortune with it. . It was to go to Boston, and "Gertie's Garter" was to follow it hen. but a change gave the garter comedy the Boston opening and left this one in th<* air, and Woods does not regard it as a road attraction of value. This piece has been one of the instanees of Chicago taking warmly to a New York failure, as the ven- ture was not regarded as a success on Broadway. Impost on Box Office Gross Ruinous, Says Love A famine of legitimate shows in Pennsylvania is the fear of local mrtim^v.v i?' >'hr- t%fKM$$ U>k >0rftr»>Hi posed by Governor Sproul becomes a reality. Indignation and alarm were ex- pressed by theatre folk here last week when the newspapers carried the story of the Governor's proposi- tion to tax the gross receipts of theaVres and moving picture houses. Thomas B. Love, head of the Xlrdllnger string of legit houses here, voiced the sentiment of the managers on the proposed tax. "It would mean probable ruina- tion," said Mr. Love. "As far as theatres booking straight produc- tions which generally run closer to Uie wind than " the picture and vaudeville houses. "The house management cannot stand a thing more, and if we passed the tax on to the com- panies, the chances are that they would keep away—from the State. On the other hand, if we passed the tax along, as we might have to do, to the public, there would be pro- test, because of the public's present feeling in regard to taxes of any kind. "Many of the legislators do not have the slightest idea as to tho financial status of the theatres. They have the idea that we make millions and can afford to ignore a relatively small tax, but they are wrong. "The proposed State tax in ques- tion would deliver a dangerous blow at legitimate houses throughout the State." According to tho story which comes from Harrisburg, Governor Sproul will confer with State Chair- man Crow and other State leaders some time thiH week on the question of proposed taxes to raise aJdi- tional revenue. The Governor gave an Inkling of his attitude towards this theatre tax bill with the remark that the theatre and motion-picture inter- ests had taken $80,000,000 out of the State last year. Audrey Maple in "Brevities" Audrey Maple left for Boston this week, where she will join "Broad- way Brevities" as prima donna. She will step into the cast as soon as possible. BAR MARCUS SHOW IN TOLEDO; COURT BRANDS IT "SALACIOUS" Lurid Advertising, Promising Rare Anatomical Ex- hibit, Causes Mayor to Ban It and Judge Upholds Him—Money Refunded to Public. Toledo, O., March 2. Barred by the mayor from open- ing his girl show here, after an ex- pensive and lurid advertising cam- paign, A. B. Marcus took his case to the courts here and again lost. The court not only upheld the notion of Mayor Schrclbcr. but ordered the S.ixon Auditorium, where the show was hilled for three days at $2 t<.p, to refund money taken in advance, and roundly .oejlOUOCej] lhe sho.yv. Judge Curtii Johnson, in his de- eision, said: "I'.y the exhibits before this court I am going to eall this show sala- cious and morally rotten* This la not a matter where the equity of this court can he called upon, it is ] matter for the mayor and hh : po- ii< •• to decide what action they may iai<<> in ns|i'ct,io dance J.-iiis and shows in iiii.-- city, if men win» put thousands of dollars r:fi» this eorl of business t.ik<> a eh&ht e ihey muM »■<■ ? the consequences <»r their r.« ts \vt n they hill fi»n| of the law." v\v i ; : t t he relus< d t«» gj. .Mi!'i ,m injunction restraining r r » i.rn lnt< i f'Tir,-; wit tt tlu Tl " \. nolo town was ai ou < d b t • i ■ \ n i-inn <if Mai' u . v. !..■ h \\.s particularly during. In addi< 'i« n \>> prominent diaplays <•! audi women •mdi i the caption: "kStu- dents of Anatomy, Attention!" lit quoted from previous reviews of his show In which newspaper critics commented on the nude displays unfavorably. The ads, 'occupying two columns in the'local papers, were in glaring blacks and whites and, v hen they were called to the attention of Mayor Schreiber, he promptly ordered the police to pre- vent the show's opening. Polios were put on guard at the Saxon Auditorium while the people came up to fret tboir mc.nry, tmid to have been about $2,000. When time hung heavy on their hands the cops played checkers on Marcus' famous black and white automobile. Mayor Schreiber was the chief witness in tho Injunction proceed- ings and there was a great attend- ance nt tin; court in the cxp<<-ta- llon oi seeing, in the flesh, the oirla s<» alluringly pictured In the ads. G0ETZ TAKES "AS YOU WERE." i;. l*uy Coeta will lake over the management oi As You Were" after 'his week The corporation inally producing the pieOf here included a II, Wood-, of. 0, Bent- i I- .r .1 a Mr. Ackorman, who have withdrawn, turning ,over the prop- city to Coots, who assumes all Imaneial responsibility and manure* UiUlL