Variety (March 1921)

VAUDEVILLE . Friday, March 11, 1921 FANTAGES MAY MOVE HEADQUARTERSTO N.Y. Visits Metropolis on Return from Memphis. Alexander Pantages may move his headquarters to New York from Seattle in the fall. This will center here all the major vauueViile ,> cii- cuits. Mr. Pantages arrived here Thursday with Charles Hopkins, after opening his new houses in Memphis and New Orleans, and it is believed he will make definite plans to establish all the offices of bis circuit here. The "Pan" time has been booked for the most part out of New York, with fill-ins supplied through the Chicago booking branch. Since the beginning of the circuit, however, Pantages has remained in Seattle and managed his string of house* from there. It la known that he has been anxious to concern himself with the booking end, though there are no contemplated changes in the Pan hooking staff. AGENT ARRESTED IN CRUSADE AGAINST EXCESS COMMISSIONS New York License Chief Gets Warrant Charging J. J. Livingston with Viola- tion of Employment Agency Law—To Enforce 5 Per Cent. Limit Set by Statute—Marks Beginning of a General Crusade Against Such Agencies. SHUBERTS' $700,000 VAUDEVILLE DEAL OFF Judge Rosenblatt, in the Jeffer- son Market Court, issued a warrant last week in criminal proceedings against John J. Livingston, charged with operating a theatrical agency without a license and with exacting more than five per cent, commis- sion's for his services. The warrant ia returnable today (Friday), and was sworn to by Harry McRae artists. The lawyers consulted the License Commissioner in reference to these alleged violations. One phase of the N. T. statutes that is abused is the clause that an employment agency can collect five per cent, of the actor's salary for a period of ten weeks only, or the equivalent of one-half of the em- ploye's salary for the first week. The common practice is exacting For this reason, an agent seldom brings suit for back commissions in New York, but prefers to attach the actor's salary on the road. For some reason or other, out-of-town attorneys are not aware of this phase of the local statutes and the defendant Usually loses. In Webster's civil action against Livingston, the plaintiff charges excess commissions at the rate of ten per cent, of $160 per week for three weeks, totalling $46; and ten KEITH'S ROCXAWAY HOUSE. The Keith interests have leased the Columbia, Far Rockaway, L. I., for ten years, taking possession April 1. Following alterations the house will be operated with a small big time policy, on the order of the Slst Street, playing about six acts and a feature picture. It has not been decided whether the Columbia will play a split or full week or two or three shows* daily. It was formerly operated by the Jutkowitz Bros, as a picture house. Dee Moines, la., March f. The Pantages theatre opened "Sat- \ SItO bail meanwhile, or day, with vaudeville, paying two performances dally at 60 cent*, top, with the bill remaining a full week. Tho Pantages was -formerly known as the Empress. "Mot Yet Marie" headlined the first show. commissions for the We of the con- Webater, the picture director of the l tract; y €t thege f aot8 are specifl- tnuch JieraMed "Betermmation" j^ny included in Sections 270-273 of |per cent 6f $500 per week "for ten Tjroouetion, •sponsored by Cant. F. *\ Stall. Mr. Livingston is out on the Business Code. WHYTE WANTS $500 Charles Whyte nas brought suit for $500 against J. M. Allison, pro- ducer of a vaudeville act titled "Puritania," on breach of contract grounds. "Whyte avers he played through the usual "break-in" period and was guaranteed four weeks* employment at $125 a week. Civil action was begun in the Third District Municipal Court. iv here Judge Da vies heard the argu- ments and took the matter under tdvisement. HENDERSON'S BIO TIME Henderson's Coney Island now playing ' small time vaudeville through the Keith Family Depart- ment will go into the summer "big time" policy May 30 Decoration Day playing nine big time acts twice dally booked by Arthur Dlondell of the Keith Exchange. LEW PAYTON AOENTING. Lew Payton (Payton and Lunn) Is now an independent vaudeville agent. Pay^un and Lunn were a vaudeville team, doing one of the Jimmy Hussey's vehicles and play- ing the independent circuits for years. Payton was the Hebrew comedian of the turn. The nominal plaintiff in the pro- ceedings against Livingston are the People of the State of New York and the Bureau of Licenses. Com- missioner John F. Gilchrist has as- signed Mr. Gill, who looks after the theatrical field, to investigate the case. This marks the beginning of a general crusade by the Bureau of Licenses against employment agen- cies in general and theatrical em- ployment agencies in particular to cease the flagrant practices in vio- lating the statute.* of the state/ The abuse in the main is concerned with exacting more than the legal five per cent, fee for the agency's services, where legit and picture productions are concerned. The self-styled "casting agents" come undjr this category, ofttimes stipu- lating a set amount weekly for their services, ranging from ten up to as muoh as 20 per cent, of the artist's salary. The purpose of the definite stipulation is a trick to evade the law, the license chief contends, fur- ther embellished by clauses averring the sum to be for services rendered aa manager, press representative, agent, author, etc., the "author" phase particularly permitting the offending agents consideiable lee- way for flagrant abuses. Lyman Hess and Charles L. Kahn, attorneys for Webster in civil pro- ceedings for the recovery of $495 in the Fifth District Municipal Court against Livingston, are responsible for this crusade to protect the I weeks totalling $450, or $495 in all. MOSS STAFF SWITCHED Fahey at Broadway—Johnson Goes to California. William Fahey is now managing B. S. Moss' Broadway succeeding the former manager, Johnson, who has gone to California to engage in a picture venture. Mr. Fahey was formerly in charge of the Jordan theatre, Philadelphia. Walter Melville, ex-assistant manager of the Hamilton, is now connected with the Broadway in a similar capacity, succeeding Jerome De Rosa who has been transferred to the Jefferson as*assistant to Fred Marshall. William B. Hill, the for- mer assistant manager there, is back at the Regent in full charge. JACK FOX'S DAMAGE SUIT Jack Fox, Chicago agent now located in New York has started an action against the Hotel Sherman, Chicago for $25,000 alleging false imprisonment and defamation of character. Adolph Marks Is Fox's attorney. According to Fox, he was forbidden to enter the hotel following a jnix up* and charges of which he was acquited by a jury. Upon entering the hotel he was arrested and charged with disorderly conduct. Fox was acquited of the second charge and forthwith filed suit making the above allegations. ALL COMEDY BILL The Fifth Avenue is to have an "All Comedy Bill" next week, seven acts the first half and eight the sec- ond, with the Charlie Chaplin pic- ture, "The Kid," playing a full week. This is the first time in the his- tory of the house that a picture has played a full week. PANTAGES IN NEW ORLEANS. New Olluw n\ Morel-. 9. Alex Pantages is here arranging for the erection of his new theatre in Canal street. Work will begin or. the structure at once. Pantages is accompanied by his architect, builder, and general rep- resentative, Earl Edmondson. Mammoth N. V. A. Benefit The N V. A. benefit May 2'1, will be shown in two houses the Hippo- drome and the Manhattan Opera House. The acts will bo relayed back J|nd forth, the running time and lay out of the bills being ad- justed accordingly. The demand for tickets foretells the hugest advance sale and the number of acts volunteering, the lai'CMt program of its kind ever stated in the history of the show business. THE VERSATILE SINGLE BEN MEROFF Possessing youth, personality, magnetism and ability. No tri.ks,. no bunk, just unqualified versatile ability. Special songs by LEW BROWN" dancing of the highest order, playing the clarinet and •cello constituting a HEAL, single. LUBA MEHOFF presents BEN MEROFF, the versatile; single.' HAROLD sol. man at the piano. IfANDPL^ f, '« t,, ", week8 in XfW Vork <next to closing) for LOEvY This week i March 7), Metropolitan and Victoria. OAV€NP0RrS_ FRANCHISE J. H. Lubm, of Loew Office, Issues Booking Permit. Danny Davenport, nephew of Harry Seamon (Hurtig & Seamon), has been given a Loew franchise by J. H. Lubin and will book all the independent circuits* ' Mickey Curran, formerly associ- ated with Sam Fallow, will be with Davenport, with offices in the Romax Building. Davenport has b ten connected with the Hurtig it Seamon enter- prises in various capacities and was for a time agenting on his own. COCHRAN RESTING London, March 9. C. B. Cochran left here last week for a resort in Spain where ho has gone in order to obtain a rest. He will remain there about a month. Imogen* Comer's Operation. Tmogene Comer, the old time vaudevillian, successfully under- went an operation for cancer at the Hospital Francais, New York, on March 1. by N. V. A. CLUB (Continued from page 1) It Is located at Mamaroneck, bounded on the east by the Mamaroneck road that runs into the Boston Post road, and on the north by Griffin avenue. Its location is between Larchmont and Rye, N. T., about thirty miles from Columbus Circle. The land is level and hilly in sections, provid- ing an ideal course and country life. It is understood Mr. Albee's intent is to have the tract eventually revert to the N. V. A. organization, through the tract paying for itself, princi- pally from a somewhat large and unnecessary portion that may be mapped out into building lots. There will also be an income applicable to the golf course investment from any surplus arising from N. V. A. benefit proceeds that are not required for other set purposes. The clubhouse to be erected on' the tract will become an artists' home for the N. V. A. professional membership, either temporarily or permanently. It is proposed to keep the clubhouse open the year around. For indigent members who may pre- fer the home as an abode for the remainder of their lives, the book- ticket system that will be established is aimed to prevent the occupants of the home for life from being oppressed wjth the idea th\y are the objects of any charitable mission. These books will be provided for every one who may call at the club- house and will be purchasable at the N. V. A. headquarters in New York. Each book will have detachable tickets. Everything at the club- house, from food to lodgings, must be paid for by the tickets in the books. The clubhouse or artists' home is one of the several institutions promised members of the N. V. A. at different times when statements were issued concerning it by Mr. Albee, presumably speaking on be- half of the Vaudeville Managers' Protective Association. The other Important promise beside* the club- house itself in New York was the life Insurance feature of the N. V. A. j for professionals only, which has ' come to pass. It was reported this week that the Shuberts, who announced the purchase of Kecney's theatre in Newark, to be used as a link in their proposed vaudeville chain, have withdrawn the deposit they made on the purchase, because they could not get possession of the house until October, 1923. It is understood the purchase price was to be $700,000 and the Shuberts in their announcement stated they would add it to their vaudeville circuit next September.' Keeney, however, has a lease of the property for more than two years. MILES IN SCRANTON. Scranton, Pa., March ?. Work on the building of the new Miles theatre here began Monday on the site of the old Lyceum, de- stroyed by fire in 1915. Ray M. Owens, representing Miles, closed the final contracts for the new housi last'week. Agreements with the contractors set the completion tune in September. Jardin & Co.,' who built the new Klaw theatre in New York will erect the Miles. De Rosa is the architect. The plans call for a seating capacity of 2,500. Schenectady, N. Y., Marc'i 9. The Miles has been closed for the season. It was stated with authority by one of the executives in the Miles office that the house had gone dark because it could not secuie at- tractions for the first half of the week. The Miles was formerly the Van Curler opera house. $5,000,000 PARK SUIT. The Exposition Catering Co. has brought suit for $5,000,000' against the Bronx Exposition Co., alleging the failure of the amusement park concern to maintain a standard of buildings in the grounds. \ The Catering Co., through Ben*> nett E. Siegelstein. alleges that it expended "several hundred thousand dollars, relying on defendant's agreement that it would build and maintain a permanent exposition." Notwithstanding the suit, the Catering Co. asserts the Exposition company continued to erect cheap amusement attractions. The plain* tiffs sued out an injunction restrain- ing the Exposition people from con* tinuing the construction of various rides and other devices. Supreme Court Justice Giegrich signed the re* straining order. "THE KID" BIG DRAW ■ All Keith houses in the 40th Street to the Harlem River zone re* ported capacity business the first half of the week the draw being at- tributed to the Chaplin picture "The Kid." The Coliseum the largest of the Keith houses with a capacity of 3400 did turn away business since the picture and the vaudeville opened. The feature added an additional $100 a day to the bills which was offset by the one act short schedule. It is considered the best piece of showmanship from a box office standpoint that has been put over by the Keith people this season. FRED ELLIOTT Next Week «March 14). Norfolk and Richmond, \a. Direction, MORRIS * FB1L. Couldn't Get Keeney's Newark Till 1923 and Bow Out