Variety (November 1921)

•■ VAUDEVILLE Friday, November 25, 1921 SHUBERTS BASE $1000,(100 SUIT ON KEITH FRANCHISE Seek to Revive Syracuse Grand Opera House Agree- ment and Ask for Half Profits of Keith Vaude- ville in Salt City Syracuse, Nov. 26. The Shtilji its hrivo brought suit here against ihe Keith Interests in- volving between $750,000 and $1,000,- 000 and based on the allegation that the Keith franchise granted to tho old Grand Opera House, operated by the Shubcrts, in 1906 is still in force. The original franchise was much alive until June 1, 1904, when an agreement was reached to cancel the instrument. The Shuberts as- sert that tho Keilh interests agreed to pay $8,000 in settlement of Shu- «Continued on page 26) RUTH STRIKES OUT • AT THE BOX OFFICE No Repeat at New York Palace and Out-of-Towners Balk at Price OBSERVING FRABITO Italian Comedian Removed to Belle- vue Hospital Frank Frablto, formerly of the Burns ai)d Frablto vaudeville team, was removed to the psychopathic ward at Bellevuo, New York, Mon- day, for observation. Frablto has been perfectly nor- mal up to two weeks ago, but be- came Irrational this week, when he attempted to enter the stage door of a local theatre, claiming he was working on tho bill. Burns and Fn-da were appearing at the house at the time. Friends of Frabito Induced him to accom- pany them to Bellevue, where he was placed in the observation ward. Frablto was a well-known Italian comedian and a member of standard teams of that class for the past eight years. He is 37 years old and married. ROY GEORGE, GRAVELY ILL, WINS PARDON Plea That Theft Was Uninten- tional Releases Him from Prison Arrived from Australia San Francisco, Nov. 23. Dorothy Brunton arrived hwe from Australia on the Hopes that the Babe Kuth-Well- ington Cross turn would be held over at the Palace, New York, for the second week went glimmering, when the Keith people decided to send the act to Cleveland this week. The $8,500 weekly, which the act is reported as costing-, has not made tho out-of-town managers enthus- iastic about securing tho turn. It was suggested while the act was playing the Palace that Cross do a "single" early in the bill, in addition to working with Kuth later on. In this manner two acts for the same price would be available. This would allow for the dropping of an act on tho regular bills and bring the sal- ary within reach of most of the houses. According to report, J. J. Mur- dock refused to consent to the pro- posed arrangement after witnessing the act at tho Palace. Ruth's "draw" was not proportionate with advance expectations, it is said. His Boston appearance failed to startle in a town where he should have pulled tremendously, and even at Mt. Ver- non. N. Y.. "breaking in" for three days, the hitter struck out at the box office. It was at Boston that Babe made his rep as a pitcher and fencj buster before being sold by Harry Frazee to the Yanks for $125,000. Harrisburg, Nov. 23. The State Board of Pardons on Nov. 18 recommended a pardon for Hoy George, of this city, known pro- fessions My in vaudeville as Ray Adams, who has been serving a term of three and one-half to ten years in the Eastern Penitentiary at Philadelphia for larceny and re- ceiving stolen goods. Gov. William C. Sproul has'rati- fied the action of the board and granted ' the pardon. George, in his application for a pardon, said be is technically guilty of the crime but is not morally guilty. He is thirty years of age. In 1920 ho advanced $160 to a friend at Hanover and received an I. O. U. for $160, Including $10 in- terest and an automobile. Later he went out over the Western Vaudeville Circuit to the Pacific Coast, and upon his return to this State he was arrested by the State Police at Connellsville, where he appeared under the management of William Hawthorne. He was taken to York, and on June ' 21, 1920, pleaded guilty and was sentenced. George said he found after his arrest that the automobile given in security had been stolen, but that he had accepted it In ignorance of this fact. C. Floyd Hopkins, local manager of the Wilmer & Vincent theatre Interests here, appeared before the board. He said he knew George to be a man of good reputation and testified that as George could not raise funds for a lawyer he had ap- peared in $he applicant's interest. The board notified Hopkins it had received a letter from the peni- tentiary physician sayint that George was critically ill from tuberculosis. G0UHN WINS DECISION FROM FEDERAL JUDGE IN PENN* Withdraws Request for Injunction During KaiiM* Hearing —Opinion* on "Sawing Through a Woman"—First Shown in 1882 SING SING'S SHOW HAYING FOR LADIES "MINE," SAYS MORRIS OF KAUZ'S SKETCH Prisoners' Own Performances Dec. 5-7; Souvenirs for Ladies N. V. A. Claim Unanswered, Takes Case to Court MAY WIRTH with "PHIL" HEADLINING on the ORPHEUM CIRCUIT ALF T. WILTON, Rohm *Osil. • CARNIVAL PEOPLE IN JAIL Kansas City, Nov. U3. A !'t|HH1 froic. '"ul-a In re today (•ays I'aul L, Clark, manager, ami 19 others, including one woman— the Reno Carnival Company—were arrested here, el:? ,d with gam- bling and running gambling devices. None of the accused was able to give bond and were beH! in jail. "LOVE LETTERS" TAKEN OFF "Love Letter*," that has been in vaudeville this reason, with Eliza- beth Rriee, lias been sent to the storehouse. The act was first pro- duced with Charles King i i the lead. Answering to Sam Morris* charges of plagiarism over the sketch, "Temptation," Arman Kaliz's cur- rent vaudeville act. Kalis has re- tained Harry Sacks Hechhelraer to contest the suit. The attorney has filed a notice of appearance, but no answer, stating Kaliz's skit Is orig- inal with the actor-author and that he has played it fully two years withe anybody contesting Its originality.. Hechhelmer claims Kaliz pro- fesses not to know who Morris Is, and that the Kaliz act has been duly copyrighted. Morris' complaint, which he filed last week through S. S. Zwerdling, is that in the summer of 1919 he' submitted his "Temptation" playlet to Kaliz at the latter's residence for his approval, which was returned with compliments, but found un- suited for Kaliz's use. At the same time a copy of tlie playlet was sub- mitted to Edgar Allen Woolf and Wilson Mizncr for their opinion, which proved to be complimentary. When in November, 1920, Morris saw the Kal : z act at the Talace, New York, he entered a complaint with the N. V. A., charging Kaliz had infringed on his theme, title and characters, with minor varia- tions. The N. V. A. notified Kaliz of Morris' claim, and the actor agreed to submit a copy of his script for comparison. He has j failed to do so to date, according to Mori is. The Morris skit was copy- i righted June L'G. ID 17, and was pro- i duced by K. Thon ns Reatty during 10L'O and 19L'l as an added attrac- tion f<>r H"aHy\s American Wheel burlcsi|iie show, "French Frolics." Watty and Morris control all per- forming rights for the Morris ! sketch. | The plaintiff r.sks for n account- ing and royalties from Kaliz. Sing Sing, X. Y., Nov. 23. The Entertainment Committee of the Mutual Welfare League at Sing Sing, in its weekly communication tells of plans for its forthcoming "Sing Sing Frolics," a performance to be given by the inmates, Dec. 6-7: Another Thrill for ding Sing There are all kinds of thrills for all kinds ot people, the pleasant and the harrowing kind, but for the population of Sing Sing a thrill means one thing only—pleasure. Last Friday night the inmates were treated to an extraordinary* bill of vaudevillo numbers from the Victoria theatre at Ossinlng, N. Y., by the courtesy of Brlggs & O'Neil and William Mills. The first number was a full- blooded Indian, Chief Tendehoa, who has a pleasant singing basso, and perfect control of his voice, which he uses skillfully and with very fine expression. Next, Larry Meehan and Gertrude Newman rendered unusually good comedy singing and acrobatic dancing. The ragtime yodeling by Miss Newman proved very catchy and was very favorably received. This was followed by Al and Mary Royce In singing and dancing, with j a burlesque on boxing that. kept i the audience constantly roaring with laughter. Last but not least was the "piece de resistance," Zaza and Adele, as- sisted by Bob Pearce. This was the best number of the all around, good program, and introduced some very fine dancing, approaching the whirl- wind, with variations. The next thrill to be shared alike by the 4nmates of the institution and the outside public is looked for- ward to, on the nights of Dec. 5-7, with keen anticipation. From past experience it has been found the musical comedy numbers are most favorable with the public. Accord- ingly, this year's 1..mates' show will contain predominatingly such num- bers. It is to be a musical revue in two parts, each of three scenes. The fa n scene, as well as that of a cabaret, will give opportunities for several vaudeville novelties, such as Egyptian, Spanish scnorltas, toe and modern dancing and melodious singing, from ragtime to grand opera, in solos and chorus. The sale of tickets Is breaking all previous records, and steps have been taken to provide special train accommodations. The prison is ac- cessible by very tine automobile roads and hourly trains on the New York Central. The lucky ladies in the audience will '>e the recipients of nandsome souvenirs to be thrown from the stage during the rendition of a spe- cial number. Tickets are $1 euch. Pittsburgh. Nov. 23. Horace Goldin baa obtained pre* liminary injunctions stopping three/ exhibitions operating her* simile* to his "Sawing a Woman" net. HI* attorney, Ben L. Giffen Of Ptttg* burgh, is In Chicago today, stopping alleged imitators there and proceed* ings have been started la Cleveland. at the Prtscllla theatre to bait the act there. It Is Goklin's Intention to go after all alleged Imitating sots with Pittsburgh as headquarters for that purpose. Goldln's first legal complaint wasj against Jean Belasco, who maintains offices here, the order having gonej into effect Nov. 9. An order *«i»f"ej William Albright, professionally known as BUly Vandergould, from operating at Franklin, Pa., was handed down Not. 19 after Albright came to Pittsburgh to be served. The Victor Amusement Co. of Mom Keesport and Anthony Mascara* operating there, were enjoined Nor* 21. In all eases Goldln's complaint alleged Infringement of patent and of copyrighted speech accompany Ins; the exhibition. After the Victor Amusement Co, edict, the management there, having heavily billed the feature, b eg an negotiations with Melville SeKUn, Goldln's agent here, for presentation purposes, with the result they are again operating until injunction to be dissolved when they file a bond of $500; In other words Goldin will allow operation upon payment of. royalty for the privilege. None of the three defendants filed an answer, but any might do so, and thus attack the validity of the pro- ceeding, which has not been decid* (Continued on page 26) TWO ACTS BILLED 3 TIMES IN ONE BHl "Santry and Seymour" Do Third Turn on Same Program Next week at Moss Coliseum', New York, a third turn will be made up for the program of Henry Santry and Anna Seymour (Mrs. Santry). Santry and his band, also Harry and Anna Seymour appear separately on the bill in their acts. Since Mr. and Mrs. Santry were married, the acts they arc in have) beer, booked on the same programs; out of the Keith office. So far Mis* Seymour, after completing the turn with her brother, "walked in" on her husband's act that appears later. Mr. Santry and Miss Seymour de- veloped from that a two-act by itself that followed at the cncKof tho Santry turn. It is that (wo-people bit that is ,now receiving special billing. It marks the first Instance of the sort, though there aro seV« eral cases of two acts be" . - booked together on bills, with one aiding the other. DAVE SABLOSKY MARRYING Dave Sahlosky, tho agent, is en- gaged to marry Katherine Segall, a Philadelphia society girl. The couple will wed about Jan. 15. VAUDE BILLIARD CONTEST A three-cushion billiard tourna- ment for agents and booking men oi the Loew office started this week at the Ambassador Rilliard Academy. Tho entries include Meyer North. George Sofrnnski. Alex Hanlon, Moe Schenck, Irving Tishman,. Abe Friedman, Sam Kacrwltz, Joe Cooper, Dave lio e, Bennie Ti* r- mont. The players have been hai'dl- capped, with a specially made , u. to he awar»led the winner. FOKINE'S ACT PRODUCTION Michael Fokinc is staging his »ii st \.'iudcville act, in Vlad.i Maslovn and Constantino Kobeloff, who are duo in vaudeville shortly in a dance production called "The Spectre of tho Rose." Marinelli haju the act. TEMPLETON'S FOOT INFECTED Mercer Tcmpleton (Tcmpleton Rrothcrs), appearing with Bessie Clayton, last week sprained a ten- don in his foot, but continued throughout the engagement at the <>.rheum, Brooklyn. Subsequently the injured member refused to heal* It became more painful, until the dancer was forced to see a doctor. The examination revealed an ln« fection of the bone had set in hich forced the dancer on to crutches and necessitated his leaving the act at the 1'alace, New York, this week. James Tcmpleton continued with ■he Clayton act, Hal Hixon replac- . i.g h s brother. RETRIBUTION" STORED Agnes Wood secured a d : \,»r. . Nov. 14, at Cincinnati, from Ki< hard Storey, Jr., non-professional. Miss Wood has retired from the stage, and is now living at Frankfort, Ky. (R. I\ N. No. 3). She was formerly with Barney Williams and Co. in a vaudeville sketch. 1 Ti Kdwin Burke playlet, "Retrt- Ihaiion."' preduccd by Lewis & Gor- don, with William Harrlgnn making his advent Into the twice dally through that medium, was sent to the storehouse after its recent 0th / venue, New York, showing. The subject matter was looked upon as too sombre for vaudeville.