Variety (May 1921)

■ Friday, May 6, 1921 VAUDEVILLE 3Z INSIDE BUYING CONCENTRATES CONTROL OF FAMOUS PLAYERS 85,000 Shares Change Hands in Two Weeks of Pool Operations—Talk of Extra Dividend in Orpheum Revived—Prices Pass New Peak. REED ALBEE DEBUTS AT ETHEL LEVY'S SHOW The campaign of the pool In Famous Players, presumably made up of insiders, appears to have cul- minated at the peak of 82 V4 for the common reached last Friday. Since then the operators appear satisfied to hold the level within a point of 80. 1 On the surface the big dealings of the past two weeks, totaling nearly 90,000 shares, would appear no more than a drive for the ad- yance based on a general better ment of security values in the film PLAYERS ENTITLED TO COMPENSATION Decision in Case of Bandmas- ter Europe Held to Apply. The Court of Appeals handed down a decision last week a III rm ins I>ut talk I tno award made by the New York trade and around State Industrial Commission to the brokers' offlces indicates that the spurt has been accompanied by steady, aggressive accumulation of Stock by interests identified with the company and control has been (Continued on . page 41.) BOSTON NEARLY SEES "SHIMMY" DANCE Mae West Foiled by Toxen Worm—Lights Turned Off. Boston, May 4. Bostonians almost saw the "shim- my" for the llrst time at the Shu- bert Saturday night. The censors long ago put the ban on this dance and have kept it on, so that while it has often been promised it has never been seen. When the news got around among the members of the "Whirl of the Town" the show was to close, Mae West, the dancer, passed the word around she was going to give those in the house one fine demonstra- tion of the "shimmy" dance at the final performance. - Toxen Worm heard the report and when the time drew near for this little piece of business he took up a position near the light switches back stage. When Mae was all s et for the fin- ale Mr. Worm passed the word to the electrician and the stage was suddenly thrown into darkness. Mae may have "shimmied," but if she did she was the only one that knew It. However, she was much Incensed and was on her way to complain to Worm when she discovered that he was the one who had foiled her. SHUBERTS' CONTRACT Lee Shubert Personally Signs It— Ryan and White the Act. The first of the new Shubert vaudeville contracts, claimed to be pay or play agreements, wa.; given to Ryan and Lee last week. The eontract was signed by Lee Shu- bert as president of the Shubert Vaudeville Exchange. It was explained the first con- tracts given, out would hold the sig- nature of Lee Shubert so that no doubts might arise as to the legiti- macy of the contracts. The office of Davidow & LeMaire Is the first to sign acts under the new contract forms. Kufus Le- Maire went to Chicago las* week empowered to sign turns for next season. How many acts had i,een signed up to date vas not stated. The staff of Davidow & LeMaire is being augmented. widow of Lieut. James Reese Europe, conductor of the Fifteenth Xew York Infantry Regiment band, wh'eh went on a concert tour in 1919 under the auspices of the Addi- son Amusement Co. During an in- termission in the concert at Me- chanics' Hall, Boston, on May 9, 1919, Europe was stabbed and killed hy the drummer of the band. The Industrial Commission main- tained that all the members of the orchestra came under the jurisdic- tion of the Workmen's Compensa- tion Law, inasmuch as four mem- bers of the band were a!so employed en tour as scene shifters and bag- gage smashers. The Court of Ap- peals unanimously affirmed the de- cision following argument by Bernard L Shlentag, chief counsel of the State Industrial Commission. This is a broad interpretation of the compensation act and means that any business employing four or more workmen or operatives is liable under the law regardless of the kind of work they do. This would seem to cover actors, act- resses, performers, orchestra lead- ers and players. In defining the words "workmen or operatives," Judge Crane, who wrote the opinion, said: "Generally speaking, a workman is a man em- ployed in manual labor, whether skilled or unskilled, and an opera- tive one who operates machinery. There is no doubt whatever that I persons doing manual work such as I mpving scenery, arranging the stage, handling baggage and caring for the wardrobe are workmen or opera- tives." Compensation benefits, however, are very limited, the. maximum allowable being $20 per week and in case of death, the widow is al- lowed $8.62 at the most during widowhood, and the dependent mother $7.21 a week during de- pendency. Mrs. Reese was awarded $6.92 a week, although her husband was earning $35 a day. The legislature in fixing the schedules of compensation had in mind a list of hazardous employ- ments originally included, but failed to take into consideration a larce group of higher priced employees that would be covered by law, in- cluding those in the theatrical pro- fession. Mr. Shientag opines that a complete revision of the compensa- tion benefits under the Workmen's Compensation Law has therefore become imperative in view of the extension of coverage under the law. Son of Vaudeville Manager Sinas Solos "on a Dare." The benefit to crippled children, given under the direction of Ethel Levey at the Sam Harris theatre Sunday night, developed a surprise wfefsv -RvsA- A* 'Albee -walfcod -en *J»* platform, with Harry Askt at the piano, and announced to the audi- ence he was there on a dare from Miss Levey. For Mr. Albee's professional de- but he sang two classical numbers in a resonant basso and is said to have taken his bows, from long ob- servation at the Palace (in front), like a veteran. Reed is the only son of E. F. Al- bee, chief of the Keith circuit. He has been associated with the Keith booking office since entering busi- ness. His talents as an artist have not become generally- known, though the younger Albee is re- ported ' to have recently visited Philadelphia and quietly, while over there, essayed a musicale all his own one afternoon, to test future concert possibilities for his voice. Reed, according to the story, .is al- lowing his mind to often dwell upon a concert tour. At the Sam Harris theatre Gra- hame AVhite, Miss Levey's husband. Introduced Mr. Albee, telling the folks in front who he was. Reed covered up his entrance while walking out by defiantly gazing over the house and nonchalantly remarking, "Weil, she dared me to do this." Miss Levey opened the show and closed it, with Irving Berlin. The performances drew a grojs of $6,000. During the show a quilt contain- ing hundreds of signatures of noted persons was auctioned off. the money going to the Fox Hills. L. I., hos- pital, which has many service men for treatment. The quilt was made by the mother of the Six Brown Brothers, who has been a frequent visitor at the hospital. Miss Levey thought part of the money should apply to the British wounded, but withdrew the juggestion. PENNA. THEATRE TAX BILL FAILS AS SESSION EXPIRES Amendment by Governor Assessing Billboards at 5c. a Square Foot Also Lost in Final Scramble— Movie Censor Pay Bill Passes. —♦ $35 GROSS IN TROY DURING THREE DAYS Receipts Around City, Where All Business Is Bad. Troy. N. T., May 4. The big slump in general busi- ness is icllcetcd in the box office receipts of the local houses. One picture house In the downtown dis- trict took in $12 one day last week. In the largest house of a good sized town nearby, the receipts for the first three days of the week were only $35. Harrlsburg, May 4. The theatrical lobby that had been here during the greater part of the session of the Legislature, which has just adjourned, has left the Capitol with the feeling that It has done efficient work. Tax bills and other measures that would hare placed burdens upon the theatres and the motion picture houses were more numerous this year than ever before, but only two measures of indirect interest to the theatrical interests were passed, one having (Continued on page 4 >) $100,000 ALIENATION SUIT Joseph Mittenthal in Separation Case Pi leers' $5,000 FOR ONE NIGHT. Vincent Astor Psys the Price for Bend. Paylnj "five grand" for a dance orchestra is nothing to Vincent Astor, youngest of the Astor family and one of the wealthiest. Last Friday he desired a "feature" for a little evening dunce at his home and started after Max Fisher's bunch of musicians who are in the Zelgfr'1 "Midnight Frolic" (New Amsterdam Roof). When asked if Fisher could be released for the evenmg, Victor Kiraly, the roof manager, threw up his hands and said it couldn't be done. The young multi-millionaire tol- Kiraly to deliver. The latter scur- ried to Flo Ziegfeld, who set the price. Thinking Astor would refuse Kiraly Informed him it would cost $6,000 to have Fisher's bunch play that evening. Young Astor replied, "Oh that's alright, send them along." LAW TO CURB FAKE ADS New York Governor Bill S gns Betts Albany, May 4. Governor Miller today sighed the Betts bill to eliminate untrue ami misleading advertisements by mak- ing it a misdemeanor to publish ad- vertisements of that nature. JACK TRAIN0R SUE;. WIFE Chicago, May 4. Jacob Appleman (Jack Tralnor) has brought divorce proceedings against hi* wife, Margaret Trairtor in the Circuit Court here, charging. adultery, naming several coic pon- dents not in show business. I^ater he had his wife a ltd a CO respondent nrwtcd in Aurora, a suburb. MRS. TENNEY WINS DIVORCE Justice Bijur '.let wreck sigi.ed a Judgement granting Wenonah M. Tenney .n interlocutory decree of divorce in her suit against Allen Spencer Tenney, author. The suit was undefended and the decree en- Je.red by default. \ Mrs. Tenney. who is also engaged in tre vaudeville business as an agent and producer, sued on statu- tory grounds na.air an unknown woman, and 'an. 1. 1020 to Sept. 17. 1920, as the perl*. * - which the alleged ■■:■■■ ■ i «-• cu <••» The Tenncys were married March ig, j'.tiT. They have no children. As a result of a eeparatlo action instituted this month by Mildred Pilcer against Joseph Pilcer (brother of Harry Pilcer), Joseph Mittenthal, former general manager of the McCarthy A Fisher Music Co., and at present sales manager of the Broadway Musie Corporation, was named defendant In a §100,000 alienation of affections suit by Mr. Pilcer early last week. The latter, in answering affidavits to Mrs. Pilcer's claims for alimony and counsel fees, accuses hie wife of holding too strong an affection for the music man to the extent of having nursed him through a re* cent illness. The Pi leers wero married March 15, 1017 and October 25 last they entered into a separation agree- ment wherein the present plaintiff waived all monetary claims for her maintenance. Two weeks ago, through Gerald B. Rosenheim, Mrs. Pilcer began separation proceedings on the grounds of cruelty and abandon- ment, asking for $150 weekly ali- mony and $2,600 counsel fees. ALIMONY RUNS ALONG Sen. Murphy Lived With Wife 11 Weeke, But Must Pay Justice Ford Wednesday denied Senator Francis Murphy's motion for reargument cf the charges of contempt of court resulting from arrears in alimony payments in his wife's separation suit. She was awarded $50 a week temporary alimony and following a con- ciliation which lasted 11 weeks, ' she sued for the $550 accrued as arrears in the payments. Murphy claimed that during the period of conciliation he supported his wife. The referee in the matter agreed with him but that technically he had paid his wife very little actual cash. Following four weeks of legal consideration Justice Ford merely handed down a decision denying the motion fr6m which Kendlor & Goldstein, Murphy's attorneys, will appeal. E. F. ALBEE HURT EVA CLARK ye. v/<usaupp<>iii inf.. beauty* Foe Fapcb.'.-v.: M', 1 '.:•.'.. &&\i£?J.. Of face and form divine. Present, in E>vA &LA.RK, Ye who love a glorious voice. In truth a combination Come kneel ye at her shrine. Of Venus and the Lurk! A. J. Dallas, "San I'rancijtco Pott, Fslls in Cleveland, Breaking Shout der Blade—Keep* at Work Cleveland, May 4. While E. F. Albee was visiting here Saturday he fell In a bath tub, breaking his shoulder blade. Nothing serious was apprehended. SKIT FOR MILDRED HARRIS Mildred Harris Chaplin, ex-wife ot Charlie Chaplin, is to mak« her entry Into vaudeville with a thrcc- !>eopio ekil In September. The act is nctudti'.cd to be seen in 111*- east n the K ;th bouses about * irly in the full. Lew A Gordon u ili produce md sfx i »or Mis* Harris' vaudeville ' vent ui e. COHAN WRITES ACT George M. Cohan has written his first vaudeville effort in years for Billy Gibson, the rtbnopedlc dan- cer, who will break in the new turn shortly. QibSOn made quite a r<< ord dur ing the war. entertaining wounded soldiers and sailors and was re- cently the recipient of a benefit. lie has decided to re-enter vaudeville and Cohan volunteered to write lb*- necessary act. Gibson will be assisted by a \oung woman. MISS GARBLE WANTS DIVORCE Memphis, May 4. Myrtle Gar bell wtlO loft "Sot Yet Mat i«-" at the Orpheum some months ago, to marry i;. Kennedy Dalley, ins filed an action for, divorce. Mrs. Dnt'ey asks for an injunction to prevent her husband from dis- posing of property amounting to $'jo,ooo. pending disposition of the divorce act ion. Mr. Albee was in his office in the Palace theatre building. New York,. ,..slur(og. M )e . w °:ek,. tv11h_ his. snouidet bandaged up. lie was attending to business, as usual, and made light of his acclaent. FLORENCE MOORE," SINGLE Returning PLEASANTVILLE, NEW JERSEY to Vaudeville During Summer A brief return to vaudeville will be made by Florence Moore for the summer. Miss Mocre is under the A. H. Woods' management and has been in one of her manage 's pro- ductions for the past couple of sea s ons. She is reported having plue- I a salary of $1,164 weekly for hep return to the twice daily, accom- panied by CHA* I i lend who will be at the piano. Harry Web i lias the act. •